Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2004-04-07 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 7, 2004 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. Workers Memorial Day in the City of Ukiah: April 28, 2004 b. National Volunteer Week c. April as Sexual Assault Awareness Month d. Poetry Month in Ukiah 4. PRESENTATIONS a. Individual Councilmembers Read Selected Poems (Andersen & Rodin) 5. APPROVAL OF MINUTES a. Council Priority Workshop & Regular Meeting of March 17, 2004 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption of Resolution Certifying Results of March 2, 2004 Municipal Election b. Notice to City Council Regarding Equipment Purchase From Air Solutions Group in the Amount of $5,114.75 c. Approval of Lease Extension with Norman Hughey for a Portion of City Owned Property Adjacent to the Ukiah Municipal Golf Course d. Approval of Budget Amendment in the Amount of $6,215 For March 2004 Election Costs e. Award of Bid for New Copier to The Systems Network for $14,042 Plus Tax and Approval of Budget Amendment f. Rejection of Claim for Damages Received from Jack and Raynette Cox and John and Sandra Mayfield, and Mary Snyder, and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund g. Approval of Lease Extension with Mendocino County Farm Supply for a Portion of City Owned Property Located at the Ukiah Regional Airport h. Report of Disposition of Surplused Used Equipment i. Award of Bid for Purchase of Two Patrol Vehicles in the Amount of $52,286 to Northlake Ford Mercury and Approval of Budget Amendment aa AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda gm PUBLIC HEARING (6:45 P.M.) a. Adoption of Resolution Approving the Building and Land Use Development Plan Guidelines For the Ukiah Municipal Airport b. Public Hearing Regarding Notification of Award of Supplemental Law Enforcement Service Fund Citizen's Option for Public Safety (COPS) Grant in the Amount of $100,000 FY 03/04, Reallocation of Funds for FY 02/03 COPS, and Discussion of Fund Allocation 10. UNFINISHED BUSINESS a. Review of Rehabilitation Efforts and New Lateral Work at the Ranney Collector and Presentation of the Water Supply Development Feasibility Assessment Prepared by Reynolds, Inc. b. Authorization of Mayor to Execute an Impasse Letter to Adelphia Communications and Approval of Increase in Expenditure for Cable Franchise Negotiations Consultant Services c. Discussion and Possible Action to Withdraw Approval for Completing Final Design of the Water Treatment Plant Upgrade Project 11. NEW BUSINESS a. Appointment of City of Ukiah Poet Laureate b. Status Report Regarding Bicultural Committee Activities c. Establishment of a Fair Share Allocation of the Remaining Capacity at the Waste Water Treatment Plant Created by the CEPT Program d. Request for Joint Meeting of the Ukiah Valley Sanitation District Board and the Ukiah City Council to Discuss Issues Related to Proposed Sewer Connection Fees e. Status Report Regarding Development of Perkins Street Pocket Park f. Discussion Regarding Candidate Interviews for City Commissions and Boards- Councilmember Rodin g. Selection of Councilmember and Other Representation to Participate on the Community Design Forum Organizing Committee h. Set Date For Pre-Budget Workshop 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14.CLOSED SESSION 15.ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. PROCLAMATION ~ WHEREAS, every year many workers across America are injured or disabled by workplace injuries and occupational disease; and WHEREAS, strong safety and health protections, high employment standards, and the elimination of perilous conditions should be guiding principles for each employer and employee; and WHEREAS, the City of Ukiah strives to provide a safe work environment for its employees and has initiated manyprograms and procedures to reduce workplace injuries and hazardous situations; and WHEREAS, all employers and employees are encouraged to rededicate themselves to improving safety and health in every American workplace; and WHEREAS, acknowledgment of these factors by recognizing those who have suffered from workphce injuries is a dramatic method of educating our community about this issue. NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Councilrnembers, Phil Baldwin, Roy Smith, Paul Andersen, and Maxi Rodin, proclaim April 28, 2004 as DAY IN THE CITY OF UI~AH WORKERS MEMORIAL l in recognition of workers killed, injured, and disabled on the job and inform all residents of the valley about the gathering at 5:30 PM. at Alex Thomas Plaza on April 28 that is put on bythe working men and women in Mendocino County to observe this special day. [ April 7, 2004 Er~ Larson, . -'. '~.' 7 ..... .-~ ..... ~ -. ~ -'. - ..:: ...... ~.,-. ....... .... ,~-~ .-? ~. ............................ 7._ ...~., .~.. ,% .... · ".-7 ' ' ' ~: .'h'. . -.' .? '. '~. '.' '. WHEREAS, through their dedication and service volunteers throughout our great nation, particularly within the Ukiah Valley, are "MAKING A BETTER TOMORROW.TODAY"; and WHEREAS, the City of Ukiah greatly appreciates the time shared, the commitment expressed, the efforts expended, the compassion demonstrated, and the care given by volunteers; and WHEREAS, the many good deeds show the warmth and concern of volunteers, and their respect for others earns them respect in return; and WHEREAS, Valuable treasures like you make us beam, Outstanding is the help you lend to our team, Loyal in your tireless efforts all year, Upbeat and always full of good cheer, Notable for your compassion and touch, Ihoughtful in ways that mean so much, Ever prepared with a welcoming smile, Eager to go the extra mile, Reaching out to those in need, Supportive in every word and deed.© NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Counci!members, Phil Baldwin, Roy Smith, Paul Andersen, and Marl Rodin do hereby proclaim April 18-24, 2004 as NATIONAL VOLUNTEER WEEK and in conjunction with all City of Ukiah staff, and the people of the City of Ukiah, do hereby commend you volunteers for your steadfastness on behalf of the entire community and thank you for your efforts which always lead the way April ?, 2004 Eric l_.arson, Mayor hour hotline services to victims and their significant others, responding to emergency'g~' calls, offering support and comfort to those impacted by sexual assault, and empowering those surviving sexual assault to chart their own course for healing; and Ending sexual assault in the City of Ukiah must include active public and private efforts to Speak Out Aqainst Sexual Violence including conversation about what sexual~ violence is, how to prevent it, how to help survivors connect with crucial counseling and ~P',~ other support services, and how every segment of our society can work together to~g~ better address sexual violence; and ' Project Sanctuary has set an important example of how forging coltaborative~.~ relationships between service agencies and organizations serves to improve the quatity~L~. of service for those most profoundly and directly impacted by sexual violence, thus~ setting an important example for how the rest of the community might work together to~ speak oUt and find solutions to sexual violence; and Project Sanctuary requests public support and assistance as it continues its~ efforts to bring real hope for freeing our community from the tragedy of sexual violence ~j~ and create a future where all women, men, and children can live free from violence and~fi~ exploitation. - · NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my~i'~ fellow City Councilmembers Phil Baldwin, Roy Smith, Paul Andersen, and Marl Rodin,~ SEXUAL ASSAULT AWARENESS MONTH commend this observance to all citizens, and encourage everyone's participation i "Denim Day", April 21 and "Walk A Mile In Her Shoes'; ~51~ril 24. Dated: April 7, ~('~.,,'~.,o~ ' E~ic Larso~ Ma~o~'-'- PROCLAMAT ION implications for every person irt the City of Ukiah as a victim/survivor, a family member, significant other, neighbor, or co-worker; and . No one person, organization, agency, or community can eliminate sexual assault on their own; we must work together to educate our entire population about what can bei~ l done to prevent sex'ual assault, support victim/survivors and their significant others, and increase support for agencies providing services to victims; and Project Sanctuary has led the way in addressing sexual assault by providing 24- PR OCLA · and urge all citizens to attend scheduled poetry readings throughout our community, participate in the "Poem o[ the Day"program at the UPa'afl Library, enjoy the uMaHalku Festival, participate in the Mendocino Countyu4de High School Poetry Slam, and learn poetrypower, which can [lower, into a better li[e. Dater April 7, 2004 Eric Larson, Mayor · - ~-.-r;.. - ?.~'-~' - .' ............... ~ ...... ."~ '%' -.-----:--. *..--'~ ....... .'-~ ......... · : ..... ?r ..... ...... .-.-. -.,~- .................... ~ '"":'~'~..'.. :' ' ·' ?'~ '.'i,i: ':."::' "~ ":..: ..:':':,'/'~ . . ~".~'.." ii.' "7-'!' .: :." . ~:i' ." '/~i ~'"' . ' ';"....~. :':'..." '.' · '.'.' i .' ' ' '~' '~ ~i.'' i · . ~'~ · I/VI-IER~ poetry has been a vital element o[ the human spitqt since be[ore the w~tten word and the essence o[ b~rds and muses [or centuries, espousing the virtues o[[reedom and peace, and expressing the joys and pangs o[ hearts and souls,~ and WHEREAS, verse has been the basis [or e~ly mentM gyranastics and the [oundan'on [or le~rnlng and understanding, delighting both young and olde ~like~ and WttEREAS, Ukiafl spelled backward is "h~iku'; a MedievM [orm o[]apanese poetry, still popular today, and WHEREAS, April is celebrated as Nation~l Poetry Month throughout this grand land in cities and towns large and sm~ll,, and Iq/7tEREAS, the City o[ UMafl h~ joined the growing league o[ Poet L~ureate program sponsors to heighten public awareness o[ the bene[lts o[ poetry. NO W, THEREFORE, I, Eric Larson, Mayor o[ the City o[ UMafl, on behal[ o[ my [ellow City Councilmembers, Phil Baldwin, Roy Smith, Paul Andersen, and Mad Rodin do hereby proclaim April 2004 as 3d MINUTES OF THE UKIAH CITY COUNCIL ADJOURNED REGULAR MEETING WEDNESDAY, MARCH 17, 2004 The Ukiah City Council met at an Adjourned Regular Meeting on March 17, 2004, the notice for which had been legally noticed and posted, at 5:06 p.m. for the purpose of Consideration of Budget Priorities, held at the Council Chambers at the Ukiah Civic Center. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Customer Services Supervisor Archibald, Community Services Director DeKnoblo~ Clerk Elton, Personnel Officer Harris, Risk ManagedBud! Horsley, Associate Planner Keefer, Interim Public Utiliti~ Latipow, Associate Planner Lohse, Accounting Riley, Community Services Supervisor ' Engineer Steele, Planning Director Stump, Buildi Clerk Ulvila. Finance Director/City Harris, City Manager ~ctor Kennedy, Fire Chief Executive Assistant Public Works/City Tul and Deputy City CONSIDERATION OF BUDGET Tape la-b Mayor Larson explained that the intent of 1 Councilmember Andersen for disc~ of Counci came at the request of and priorities. Listed below are each Councilm{ Councilmember Andersen: - Development of site - Palace Hot~ - Living ' ' - An economl( the local lore project t ent plant Ul: e ~ark, pr ities: epot or at a Low Gap Road local bi, package the City, County, and Economic ) Commi s an advisory group of young people that are interested for major projects such as the wastewater Councilm~ - Liked the id - Ballot me; a campaign con' measure Corp ~=r election regarding public safety tax measure and add iittee to find more grass roots organizations to support the tax - The Paths Open Space and Creeks Commission (POSCC) should develop a strategic plan that includes funding opportunities - Working on a County-wide or inland valley district where there is a tax for acquisition of public lands - Continue to pursue the City's Sphere of Influence and annexation issues - Promotion of infill development without giving away too much in tax breaks and balance incentives for infill development - Development of a skate park Regular City Council Meeting March 17, 2004 Page 1 of 11 Councilmember Smith: - Palace hotel - Annexation - Develop a strategy to influence the County's philosophy with regard to annexation - Development of a skate park Vice-Mayor Baldwin: - Develop policy related to light pollution - Enforcement of noise issues - Develop a possible ban on wood stoves for new con: homes - Palace Hotel- Possibly join in purchasing it funds to be a part owner Development of other water sources, such ,n and conversion/sale of an Cree Agency Mayor Larson: - Developing a revenue sharing ag general revenue sharing concerning the SphE - Pursue significant and fair' nts to the - Provide assistance to retain t ~ia Cor facility in the Ukiah valley - Continue to improve relations with - Pursue public - Build support for ion and regardi g terms of uence and taxes and Lighting Code Corp (CCC) residential ien space district The City th~ of of Council formul ember and upon a consensus (not necessarily in order of , 2. 3. 4. , R P~ ~afety tax m vote Living ocal skate park situation with the County and Sphere of Influence issues November 2004 ballot- General tax v. majority for City of Ukiah vendors/suppliers Council also di~ leadership oPl for the cultural arts in the Ukiah valley and to provide ~nd community service for youth. Recessed: 6:20 p.m. Reconvened: 6:30 p.m. Tape lb MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 17, 2004 The Regular Meeting of Ukiah City Council commenced at 6:30 p.m., the notice for which had been legally noticed and posted, and held at the Council Chambers in the Regular City Council Meeting March 17, 2004 Page 2 of 11 Ukiah Civic Center. Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Community Services Director DeKnoblough, Finance Director/City Clerk Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, Interim Public Utility Director Kennedy, City Attorney Rapport, Planning Director Stump, and Deputy City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Judy Pruden led the Pledge of Allegiance. 3. PRESENTATION 3a. Presentation Madelin Holtkam Economic Development Strategy Madelin Holtkamp, Executive Director of the Eco Corporation, presented the recently com Development Strategy for Mendocino Coun' for existing local business, prepare for housing needs, use local, state and fed; for economic development included energy s, embrace our diversity. She advised that Coum on this committee and Councilm, Smith ha., that it would be appropriate and their development conference. The corn the focus of EDFC to look at counl sive C~ outlined the ~ess, find inn~ to imp~ infrastructu and Financing Economic ies of: support to our novations our watt ~ssues, and Rodin and Andersen served in the past. She explained to hold an economic sponsorship. It has been 4. APPROVAL OF 4a. R~ rular Meeti Mayor Larson paragraph beg' expansion the to and n that the second sentence in the sixth should read, "The project is for the I users should not pay for it." M/S 20~ amended, Rodi ndersen, B Counci Smith. ng the minutes of the Regular Meeting of February 18, following roll call vote: AYES: Councilmembers Mayor Larson. NOES: None. ABSTAIN' 3ne. 4. APP .~ 4b.R ular M~ rch 3. 2004 Councilmember sen referred to page 4 with regard to the fifth paragraph beginning with ~mber Andersen" and noted the first sentence should read, "Councilmember Andersen advised that he is very skeptical of the process of FEMA's decision to change the map and of what science says even though FEMA's decision to change the map prevails." M/S Smith/Rodin approving the minutes of the Regular Meeting of March 3, 2004, as amended, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting March 17, 2004 Page 3 of 11 4. APPROVAL OF MINUTES 4c. Annexation Workshop of March 10~ 2004 M/S Smith/Andersen approving the minutes of the Annexation Workshop of March 10, 2004, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Baldwin/Smith approving item "a" through "e" of the a. Approved Disbursements For Month Of February b. Awarded Purchase of Ferric Chloride 40% Soh the Amount of $55,500; c. Adopted Ordinance No. 1052 Amending Ukiah Municipal Code Describing of Facilities; d. Adoption of Ordinance No. 1053 Amendi Article 12, Chapter 2, Division 4 of the Uki~ Connection Charges; e. Authorized the Interim Publi~ Agreement 04-SNR-00639 Bt Customer Service Re~ =ion of the Daily Excess Capat Calendar as follows: Companies Inc. in 12, Section of the City of Land as Parks Recreation Sections 3731 and 3835, pal Code Pertaining to Sewer the Annual Letter of and the Sierra Nevada stration to Provide Rewind Project. Motion carried b' Smith, Baldwin, call NOES: Councilmembers Rodin, Andersen, ~e. ABSTAIN: None. ABSENT: None. 7. AUDIE Jim escai Ct ~embers wh, Staff ITEM~ )ous~ng in Ukiah and in Sonoma County are the record pertaining to his views regarding some ntative and make inflammatory accusations of City 8. PU~ HERING 8a. Conti Develo Mayor Larson di hearing. lic for the Airport Building Area and Land Use .d the staff report recommending postponement of the public Public Hearing opened 6:50 p.m. Judy Pruden discussed the process in which the Plan was developed and supported the document. Public Hearing Closed: 6:54 p.m. Regular City Council Meeting March 17, 2004 Page 4 of 11 It was the consensus of Council to continue the Public Hearing until the April 7, 2004 City Council meeting. 9. UNFINISHED BUSINESS 9a. Adoption of Resolution Making Findings in Support of Negative Declaration for Water System Improvement Project Tape lb-end City Attorney Rapport advised that several issues were raised during the hearings on February 18 and March 3, 2004, considering and approving th~ ~gative Declaration for the design of the upgrade to the water system. The He nded the City Council adopt findings addressing those issues. Tape 2a In response to a question from Vice-Mayor Notice of Determination is a notice that the Environmental Quality Act (CEQA) with the Notice is to provide notice of a decision a a and to begin a 30-day time period running Negative Declaration in court. If a Notice of D time limit on filing suits applies. T! Attorne) forth the reasons for the approw~ respect to certain issues raised duri s. City explained that a right to fil~ the California Clerk's office. ~rpose of the Declarati, ~der CEQA e to the ad of the n is not filed, then a 180 day .d that the proposed findings set e Negative Declaration with Some issues were in the record that contain a challenging this resolved those' ion, the fi the OW but there was nothing issues. These findings those issues. If there is a lawsuit filed courts how the Council analyzed and Council mol flood. ~rmation th he was abl ~tated th would not support the City Attorney's it at the last meeting. He advised that he has to share with the Council regarding the issue of the a GIS map of the area regarding the 100-year City Attorn, ;ed that the hearing and the evidence before the Council is closed after ti' .de its decision and it has made its decision based on that evidence. He th ~at as a matter of administrative law, it is too late to submit additional facts into record. The proposed findings are based on the information that was presented to the Council during the public hearing process which has ended. These findings are either supportable or not supportable based on the evidence that was already presented and he didn't believe it would be appropriate for additional facts to be submitted at this time on this matter. He thought it clear under this Council's procedures that they took action and made their decision, based on the evidence that was before them at that time. If the City Council doesn't support these findings, they don't have to adopt them, or they can modify them, but it should be based on the facts that were already presented, not new information that is brought forth at this meeting. Regular City Council Meeting March 17, 2004 Page 5 of 11 Councilmember Andersen stated that he thought it dubious and he is very skeptical of what has happened with this issue. That is why he won't support it. He found it disturbing that a Councilmember can't bring forward information to the Council on this particular process. Mayor Larson stated that he supported the City Attorney's opinion on the matter that it is inappropriate to bring forth further information for this agenda item. City Attorney Rapport explained that he is not trying to free speech but is trying to make a point about the a decision at its last meeting and it is his obligation as decision. It was his opinion that taking in additional ability to do that. He suggested that if Council Andersen to provide this information, he could d, to make clear that these aren't facts that are Council's decision, and that it won't be the event that this decision is reviewed by :. the the record or ;d part of the admir .with anyone's right of record. Council made Attorney to defend that ,is time would hurt his Councilmember ~hould take action the basis for record in Discussion followed regarding allowing Counci presented to the Council but not the admi Andersen's information to be record. City Attorney Rapport explained f~ is to bridge the analytical and makers (the City Cou~ hearing and how th. these findings is ain, at l the Council facts th~ introducing new hearing. finding,, it hie for Coun( :ourts the purpose of findings court how the decision ev as part of the public fact~ their :onclusions. The purpose of with to the issues that are addressed, how ;d to make its decision. They are not and considered during the public requirement that Council adopt the made tt decision and it is common practice for a make findings after making the decision. He thought findings in the event that this decision is challenged. Vice M Baldwin ir undertake ect wh~ noted that mandated only about the Resolution on page 2, "6e. The City must it discovers and develops new water sources or not." He mandate from the State Department of Health but they eight to nine million gallons a day. City Attorney RaPl~ 't explained that the finding is not in isolation and it follows earlier findings that explain the rationale for providing both treatment modules, rather than just one, and increased storage capacity. It was his opinion that the findings make clear that the totality of the project was based on the specific requirements from the state and engineering considerations for having a reliable water system with sufficient redundancy. He explained that the finding is saying there were reasons independent of discovering new water sources for going forward with the project as it is proposed, and the City needs to go forward with the project whether it finds new water or not. Regular City Council Meeting March 17, 2004 Page 6 of 11 M/S Smith/Rodin adopting Resolution 2004-25, approving findings for approval of Mitigated Negative Declaration for Final Design of Water System Improvement Project. M/S Baldwin/Andersen for a point of order that before Council votes on this matter, it be allowed to gain the information offered by Councilmember Andersen. Councilmember Rodin noted that the City Attorney has advised the Council that it is not to take in new evidence and inquired what the law provides with regard to the affect Councilmember Andersen's information could have on the the City Council on this matter. City Attorney Rapport explained that if the Counc Andersen to share his information with the as part of the motion, or a separate motion, this info~ administrative record and it should not to ~sidered part Council's decision. allow Councilmember could make it clear n is not part of record of the M/S Baldwin/Andersen amending information to be presented to Council with the of the administrative record Negative roll call vote: AYES: Councilmem Ande~ NOES: Councilmembers Smith. AB ;ouncilmember Andersen's hat it is not intended to be part , carried by the following E]aldwin, and Mayor Larson. None. Councilmember is no evidence pres~ and he has a Gl shows that the of the __~ntation that the a that is subje proposed resolution there ~r flood ,cting the sedimentation pond ,des the lO0-year flood zone that clearly the lO0-year flood. Interim the 1 ic yards per state, he never sa the stru, Staff was s that the of that in previous discussions regarding to the not the ponds. The argument over the ent that was in the ponds. Mr. Lee Howard estimated Staff is estimating 25 cubic yards per year. He not be inundated in a 100-year flood. It was about and he made the statement that of importance is facility is above the 100-year flood elevation. Councilmemb~ n stated for the record that he is referring to the pond, not the treatment plant, discussion at the previous meeting raised by Mr. Lee Howard concerning sedimentation ponds and the affect of a 100-year event on those ponds on the river. He stated that this is why he voted against the project. He felt that this matter has not been adequately addressed and because it was allowed to be built previously, shouldn't make it exempt from regulation at this time. City Attorney Rapport explained that the finding doesn't specifically say that the ponds wouldn't be affected in a 100-year flood, but rather that there was no evidence presented of the likelihood of a flood like the 1964 flood, which was what Mr. Howard was emphasizing in his testimony. Regular City Council Meeting March 17, 2004 Page 7 of 11 Councilmember Baldwin noted that the Negative Declaration stated rationale and inquired if they would be considered a synonym for "findings" or a form of '~findings" when adopted by the City Council at the last meeting. City Attorney Rapport responded affirmatively and noted it was based on the issues that had been identified at the time the proposed Negative Declaration was prepared. Motion adopting Resolution No. 2004-25 carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, and Mayor Larson. NOES: Andersen and Baldwin. ABSTAIN: None. ABSENT: None. Councilmember Rodin left meeting at 7:20 p.m. 10. NEW BUSINESS 10a. Recei of Audited Financial Finance Director Elton advised that the opinion on the City's financial statements, auditors reported no findings and no question statements. He went on to discu=~s the vario contained in the Staff Report to Fiscal Year !003 have not only iss[ unqualified o, for ,cond conse~ year, the audit of the Ci financial ,ns of the financial report, as Stephen Herr, CPA of Davis the City's financial records for a nurr with accounting an auditor can give. ~cially new financial rep. requirer ~ts refe the first time. that his firm has audited them in compliance opinion" is the best opinion for ti Fiscal Year 2003 audit since to as G.A.S.B. 34 were implemented for City McCanf irector Elton and Accounting Manager overcome s ggestions for improvements from previous By c, ~sus, the Ci Ukiah fi statemen' & Compar receipt and directed Staff to file the City of .r the year ended June 30, 2003, audited by Davis Hammon 10. NEW 10b. nsion of Contract for Audit Services Finance Director El advised that Davis Hammon & Company has completed a five year auditing service contract with the audit of fiscal year 2002/2003. Audit services for the current and future fiscal years must be secured in time to begin audit field work in June of this year. He recommended the extension of the existing contract with Davis Hammon & Company for one additional year. He further recommended that formal proposals for audit services be solicited for the audit of fiscal years beginning with fiscal year 2004/2005. Due to the time consuming nature of this endeavor, staff is recommending extension of the existing audit services contract and planning a procurement period for future years' audit services in the January to May 2005 time period. Regular City Council Meeting March 17, 2004 Page 8 of 11 M/S Smith/Andersen authorizing the City Manager to sign an agreement with Davis Hammon & Company for a fiscal year 2003/2004 financial auditing services in an amount not to exceed $28,425; carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. 10. NEW BUSINESS 10c. Discussion R~ Candidate Interviews for Boards - Councilmember Rodin City Manager Horsley advised that Councilmember Rt regarding which commissions the City Council candidate interviews. She recommended this item April 7, 2004 since Councilmember Rodin had to It was the consensus of the Council to 10. NEW BUSINESS 10d. Discussion of Letter From Vice Mal Freewav SiQn Vice Mayor Baldwin discussed 50 foot Texaco "North Star" sign that he felt should be removed beca[ page 27 of the Sign Planning provision for 50 centerline of the freeway. to free th; Ireeway s. The :)ns and s asked for a discussion appropriate to have the next meeting of earlier in t ,eting. on the April agenda. ir North Star wrote City Council concerning the ~orth side of Perkins Street He drew attention to d signs. e City of Ukiah Municipal Code makes ;iness has to be within 600 feet of the g road that intersects with the to have those businesses advertised Rapp precE because the 50 foot ;. It also whether o~sign ability to the ability to location. He opinion that neither Staff nor the City is creating a the area and the businesses that can have ires a Site Development Permit. It was not an issue of be abandoned, it may well be, and the City may have the sign. However, he did not know if the City would have cture down if there was a right for a 50 foot sign at that :he definition of "sign" in the Code. Tape 2b City Attorney Rapport went on to discuss various scenarios of whether or not it is considered an abandoned site and the Planning Commission making a decision on the matter. In this situation, if this could impose a cost on the property with very little benefit to the City or anyone else, and it could take up time and effort on the part of Staff to enforce it. This is one of those cases where Staff made the decision not to enforce it because of the factual circumstances. Regular City Council Meeting March 17, 2004 Page 9 of 11 Planning Director Stump advised that Staff is working on revising the current Sign Ordinance and it proposes to lower the overall height of freeway signs to 30 feet to be consistent with other signs in the City. He explained when and if Starbucks moves onto the site, they will need to submit a Site Development Permit which will be reviewed by City Planning Staff and the Planning Commission. City Attorney Rapport explained that under a Site Development Permit the City can require the developer to meet the standards of the Site Development Permit as a condition when issuing it. Since the City Code says that a bu= to exceed 50 feet and in order to deny a business if th~ Site Development Permit, findings would need to be height of signage that's allowed under the Code woul. for the Site Development Permit. He noted that findings to make in a given case. ;s can have a sign not a 50 foot sign with a __that the granting of the violate the standards would be difficult Discussion followed with regard to 50 foot site is currently occupied by a busine., grandfathered in, and it was noted by staff provided a reasonable amount of time to get Code. There was also discussion ~e to be visible to motorist. Coun~ revising the Sign Ordinance. dong the freeway, a iness coulC or not the its sign owner wouh need to be compliance with the new Sign signs along the freeway so as ~es with Staff with regard to Mayor Larson sug! 50 foot signs by services avail~ .~ has a logo pro! e City Io( ;cussion placing s near f~ to businesses eligible for gns near ~e freeway exits denoting the ard to checking into whether Caltrans' exits advertising businesses. M/S Star Au' a Texaco si( way. :e abatement proceedings for the North located on the north side of East Perkins City Rappo, Buildin( and hE However, ~cil can communicatt the City Code provides that responsibility to the the official authorized to issue a notice of abatement. )ress its views to the Planning Director and he can the Building Official. M/S amending the motion to "encourage" staff to initiate abatement proceedings for the Auto Sales sign, originally a Texaco sign, located on the north side of East Perkins Street near the Highway 101 freeway and directing staff and the Planning Commission to expedite revisions to the Sign Ordinance which would encourage the reduction of large and high freeway signs, motion carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Rodin. Recessed: 8:25 p.m.. Reconvened. 8:30 p.m. Regular City Council Meeting March 17, 2004 Page 10 of 11 11. COUNCIL REPORTS Vice Mayor Baldwin reported that he attended a meeting of the Inland Water and Power Commission and it was reported that a number of agencies filed, along with the City and the Mendocino County Water Agency, calling on a re-hearing on the FERC decision that was damaging to the flows in the Russian River. The reports on fish at the Van ^rsdale dam was 1500 compared to about 15 years ago when it was 400 or 500. There is some cynicism among some members about the flow regimes in the Eel River which seem to be opposite of the flows in the Russian River. Councilmember Andersen reported that MTA adopted its year. There is discussion of a possible transit poin between Mason and Main Streets, for MTA, Amtrack. pick up passengers, then move on to another Iocati~ for the coming fiscal :ion on Standley Street, ~und buses to stop and Mayor Larson reported that he attended a many young people were in attendance as former gang member discussed his experie prevention com meeting and parents and A and insi, gang ~. 12. CITY MANI City Manager Horsley discussed too bright· Staff will try to lower thl direct the lights down for those res~ lighting into their homes. City Staff Staff members as the amendment inform CLERK REPORT..c · '~g a call ~d will I: a couple street lights that were research of hoods to ing the intrusion of street a clean up project for She distributed budget Deputy City FPPC form 700, deadline Ivila rep that o~ City Councilmembers have filed the and reminded Council that the City litigation with regard to the FERC decision· 13. None. SESSI 14. ADJG There being no ~ess, the City Council meeting was adjourned at 8:37 p.m. Marie Ulvila, Deputy City Clerk Regular City Council Meeting March 17, 2004 Page 11 of 11 ITEM NO. 7a DATE: April 7, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 2, 2004, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Now that all of the votes from the March 2, 2004 election have been verified by the Mendocino County Assessor-County Clerk-Recorder, Marsha Wharff, the City Council must adopt a Resolution declaring the results of the Municipal Election. Staff recommends that the Resolution be adopted. RECOMMENDED ACTION: Adopt Resolution Declaring Results of March 2, 2004 Special Municipal Election. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City of Ukiah Electorate Marie Ulvila, Deputy City Clerk Candace Horsley, City Manager 1. Resolution with Exhibit ' Candace Horsley, City ~i~ager ASR:Election Results 2004 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 2, 2004, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Ukiah, California, on Tuesday, March 2, 2004, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2004-15 adopted on November 17, 2003, the Mendocino County Elections Department and the Mendocino County Clerk's office canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of absentee voter ballots cast in the City was 1,226, making a total of 4,250 votes cast in the City. SECTION 2. That the number of votes given at each precinct and the number of votes given in the City for and against the measures were as listed in "Exhibit A" attached. SECTION 3. The City Council does declare and determine that as a result of the election, a simple majority of the voters voting on the "Measure F" relating to the "Shall the office of the City Clerk be appointed?", did vote in favor of it, and the measure was carried, and shall be deemed adopted and ratified. Resolution No. 2004- Page 1of 2 SECTION 4. The City Council does declare and determine that as a result of the election, a 66.7% majority of the voters voting on "Measure G" relating to the "Shall an Ordinance be adopted to impose in the City of Ukiah a transaction (sales) and use tax at a maximum rate of one-half of one percent to be used exclusively for the provision of public safety (police, fire and emergency medical) services within the City limits of the City of Ukiah?", did not vote in favor of it, and the measure was not carried, and shall not be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Ukiah, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The measures voted upon; and (3) The total number of votes for and against each measure. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED this 7th day April, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Gordon Elton, City Clerk Resolution No. 2004- Page 2of 2 EXHIBIT A L~ll MAR ] 9 2004 I- ..,...,~ ...~.nl.7-CITY OF UK1A~H CER, T~LFI~ATE O~ CO~T'Y t..,l.~lZ, l,r~l~ CITY CLERK'S DEFAnTMENT TO RESULT OF THE CANVASS AT THE PRIMARY ELECTION HELD ON MARCH 2, 2004 COUNTY OF MENDOCINO STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF MENDOCINO ) I, MARSHA A. WHARFF, COUNTY CLERK of said county, do hereby certify the following to be a tree and correct copy of the Official Statement of Votes Cast at the PRIMARY Election held on MARCH 2, 2004, for the candidates and measures herein set forth. Witness my hand and official seal this 15TH day of MARCH, 2004. MARSHA A. WHARFF, COUlg~ CLERK COUNTY OF MENDOCINO Statement of Votes Cast Date:03/17/04 PRESIDENTIAL PRIMARY ELECTION Time:08:52:44 Page:l of 1 COUNTY OF MENDOCINO - March 2, 2004 SOVC For UK/AH, All Counters, CITY OF UKIAH TURN OUT MEASURE F - CITY CLERK MEASURE G - TAX MEASUR~ Jur/sdiction Wide 200001 Polling Place 783 264 33.72~ 783 245 113 132 783 257 152 105 Absentee 783 111 14.18°A 783 108 42 66 783 111 69 42 Total 783 375 47.89% 783 353 155 198 783 368 221 147 200002 Polling Place 812 301 37.07% 812 272 122 150 812 286 176 110 Absentee 812 150 18.47% 812 144 68 76 812 143 92 51 Total 812 451 55.54% 812 ' 416 190 226 812 429 268 161 200003 . Polling Place 832 321 38.58% 832 298 147 151 832 314 194 120 Absentee 832 157 18.87% 832 140 73 67 832 152 103 49~ Total 832 478 57.45% 832 438 220 211 832 466 297 16 200004 Polling Place 853 397 46.54% 853 366 200 166 853 388 237 151 Absentee 853 201 23.56% 853 185 101 84 853 196 104 92 Total 853 598 70.11~ 853 551 301 250 853 584 341 243 200005 Polling Place 893 416 46.58% 893 377 194 183 893 404 266 138 Absentee 893 134 15.01% 893 119 58 61 893 129 74 55 Total 893 550 61.59% 893 496 252 244 893 533 340 193 200006 Polling Place 760 382 50.26% 760 352 200 152, 760 376 270 106 Absentee 760 139 18.29% 760 127 72 55 760 139 93 46; Total 760 521 68.55% 760 479 272 207 760 515 363 152 200007 Polling Place 841 275 32.70% 841 258 133 125 841 267 179 88 Absentee 841 87 10.34% 841 78 37 41 841 84 51 33 Total 841 362 43.04%, 841 336 170 166 841 351 230 121 200008 Polling Place 847 389 45.93°A 847 365 217 148 847 385 238 147 Absentee 847 164 19.36% 847 154 79 75 847 157 105 5?, Total 847 553 65.29% 847 519 296 223 847 542 343 199 200009 Polling Place 731 279 38.17% 731 267 132 135 731 273 164 109 Absentee 731 83 11.35% 731 78 32 4~ 731 83 58 25~ Total 731 362 49.52% 731 345 164 181 731 356 222 134' Total Polling Place 7352 3024 41.13% 7352 2800 1458 1342 7352 2950 1876 1074 ., Absentee 7352 1226 16.68% 7352 1133 562 571 7352 1194 749 445 Total i 7352 4250 57.81% 7352 3933 2020 1913 7352 4144 2625 1519 AGENDA SUMMARY REPORT ITEM NO. 7' b DATE: April 7, 2004 SUBJECT: NOTICE TO CITY COUNCIL REGARDING EQUIPMENT PURCHASE FROM AIR SOLUTIONS GROUP IN THE AMOUNT OF $5,114.75 Pursuant to the provisions of Section 1522 of the City of Ukiah's Municipal Code, this report is submitted to inform the City Council of an equipment expenditure costing between $5,000 and $10,000. Through the bidding process, the Purchasing Agent awarded an equipment purchase to Air Solutions Group for the acquisition of a new IngersoI-Rand bare pump at the bid amount of $5,114.75. This air pump will replace a worn out pump on an air compressor unit at the Water Treatment Plant. In response to the City's Request for Bids for either a new or rebuilt pump, four bids were received. Because the rebuilt pumps would come without a warranty or a limited warranty of 90 days, the City selected the new air pump unit, which comes with a one-year warranty. The purchase was charged to Budget Account 820.3908.302.000 where funds in the amount of $37,000 have been budgeted for equipment maintenance and repair. RECOMMENDED ACTION: Receive and File Report of Expenditure for Equipment Costing Between $5,000 and $10,000. ALTERNATIVE COUNCIL POLICY OPTION: N/A. Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Mary Horger, Purchasing Agent Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager AP P ROVE D: ~*-~~(,~~-~~,.,... Candace Horsley, City'~anager ITEM NO. DATE: April 7, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE EXTENSION WITH NORMAN HUGHEY FOR A PORTION OF CITY OWNED PROPERTY ADJACENT TO THE UKIAH MUNICIPAL GOLF COURSE In March 1989 the City Council approved a lease with Norman Hughey for a 24 foot by 90 foot section of the Ukiah Municipal Golf Course property located along the north boundary of hole No. 4 and adjacent to the rear yard of Mr. Hughey. The subject property is off the improved portion of the golf course and is not part of the normal play area. The term of the original lease was five years and in the amount of $1.00 per year. That lease was extended on March 16,1994 for a term of ten years and has now expired. Mr. Hughey utilizes the property for gardening and has indicated his desire to continue leasing the property. The use of the property by Mr. Hughey does not impede golf operations and there are no plans in the near future for use of the property. Staff believes the continuation of the lease is a beneficial use of property, which would otherwise require maintenance by city staff and is recommending approval of a five year lease extension in the amount of $1.00 per year. RECOMMENDED ACTION: Approve five year lease extension in the amount of $1.00 per year with Norman Hughey for a portion City owned property adjacent to the Ukiah Municipal Golf Course. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease extension requires further consideration and remand to staff with direction. 2. Determine lease extension is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Yes Norman Hughey Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Draft Lease Extension Candace Horsley, C'~Manager LD/ZI P2 HugheyLease.ASR EXTENSION OF LEASE TERM This Extension of Lease Term amends that certain lease between the City of Ukiah ("Lessor") and Norman Hughey ("Lessee") entered on March 15, 1989 and extended on March 16, 1994, true and correct copies of which are attached heterto as "Exhibit A" and incorporated herein by reference ("Lease Agreement") and is entered on April 8, 2004 in Ukiah, CA by and between Lessor and Lessee. 1. Paragraph 2 of the Lease Agreement is hereby amended to read as follows: 2. Term The term of this lease is for a period of five (5) years commencing on April 8, 2004 and expiring at midnight on April 7, 2009 unless earlier terminated pursuant to paragraph 7 or extended by written agreement of the parties. . . Except as amended by this Extension of Lease Term, all other terms and conditions of the "Lease Agreement" as set forth in "Exhibit A" remain in full force and effect. This Extension of Lease Term may be executed in one or more duplicate originals each bearing the original signature of the parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Agreement. Entered on the date first written above. CITY OF UKIAH: By: Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk LESSEE: Norman Hughey EXHIBIT A EXTENSION OF LEASE TERM This Extension of Lease Term amends that certain lease between the City of Ukiah ("Lessor") and Norman and Arlene Hughey, husband and wife ("Lessees"), entered on March 15, 1989, a true and correct copy of which is attached hereto as Exhibit A and incorporated .herein b~ reference ("Lease Agreement") and is entered . on ~~~ 1994, in Ukiah, California by and between Lessor and 1. Paragraph 2 of the Lease Agreement is hereby amended to read as follows: 2. Term. The term of this Lease is for a period of ten (10) years commencing on March 8, 1994, and expiring at midnight on March 15, 2004, unless earlier terminated pursuant to paragraph 7 or extended by written agreement of the parties. 2. Except as amended by this Extension of Lease Term, all Other terms and conditions of the Lease Agreement as set forth in Exhibit A remain in.full force and effect. 3. This Extension of Lease Term may be executed in one or more duplicate originals each bearing the original signature of the parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Agreement. Entered on the date first written above. CITY OF UKIAH By ~~YOR S: \u\agrmts94 \hughey. ls March 10, 1994 000019 LEASE AGl~EMENT This Lease, made this ,.. day of ~~~/~..?~_._ , 19 by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Norman and Arlene Hughey, husband and wife, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code §§37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. · LEASE AGREEMENT 1. LEASE. 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 a certain parcel of property commonly referred to as a portion of the Ukiah Municipal Golf Course, more specifically described and' depicted on the attached "Exhibit A" (hereafter "the Leased Premises"). 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set fOrth above. HIBIT -1- 3. RENT. AS rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year in full considera- tion hereof for the use of said property. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said im- provements shall be vested in the Lessor upon termination of this Lease except as set forth herein. 4.1. Lessee shall use the leased premises exclusively for open space garden area and as an adjunct to the use of their home as a 'single family residence. Lessee shall not construct any permanent structures on the lease premises other than an enclosing fence. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and. is free from the cost of any damages' for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless -2- i' '. said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to maintain coverage for property owner liability as.part of Lessee's howmowner's in- surance coverage on their property which policy shall include the leased.premises and name Lessor as an additional' insured. Lessee shall provide Lessor with a copy of the policy endorsement for said insurance policy establishing compliance with this paragraph 6.2 prior to entering into possession of the leased premises. 7. TERMINATION. 7.1. This Lease or any renewal thereof, may be can- celled for any reason by either party on sixty (60) days written notice to the other party. 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. 8. ATTORNEY ' S FEES. Lessee shall pay Lessor its reasonable costs and attorneYs fees if Lessor prevails in any legal action to enforce any of the terms of this Lease. 9. TIME OF ESSENCE. Time is of the essence of'this agreement. -3- 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a sub- sequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed given and received On the date it is placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: Norman and Arlene Hughey 1131 Maple Avenue Ukiah, CA 95482 12. PARAGRAPH HEADINGS. TO CITY: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and su- perceded by the terms of this Lease, and such prior agreements, -4- AT'SST: ~ ~ · · statements or understandings shall have no further force or ef- fect. 14. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH By: Arlene Hughey . ('U~AGRMTS®HUGHEY) -5- . AGENDA SUMMARY REPORT ITEM NO. 74 DATE: APRIL 7, 2004 SUBJECT: APPROVAL OF BUDGET AMENDMENT IN THE AMOUNT OF $6,215 FOR MARCH 2004 ELECTION COSTS This year's adopted budget includes $7,500 for the election held in March. This figure represented a 20% increase over the costs of the November 2002 election. The City has just received the billing from the County Clerk-Recorder for the March election at a cost of $13,714.95, almost double the budgeted amount. Additional spending authorization is necessary to pay for these expenses. Staff is requesting that the budget be increased by $6,215 to address these increased expenditures. RECOMMENDED ACTION: Approve Amendment to the 2003/2004 budget authorizing an increase in expenditures of $6,215 within the Elections Department, account 100.1105.250.000, for additional costs of the March 2004 election. ALTERNATIVE COUNCIL POLICY OPTION: Determine amendment is not appropriate and provide direction to Staff as to how to pay for additional election costs. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Marie Ulvila, Deputy City Clerk Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Invoice from County Clerk-Recorder, page 1; 2. Budget amendment worksheet, page 2. APPROVED: ~~L~~'~% Candace Horsley, Cit~anager MARSHA A. WHARFF ASSESSOR-COUNTY CLERK-RECORDER REGISTRAR OF VOTERS COMMISSIONER OF CIVIL MARRIAGES E-MAIL acr(~co.mendocino.ca, us FAX (707) 463-4257 March 30, 2004 City of Ukiah Atto: Marie Ulvila 300 Seminary Avenue Ukiah CA 95482 COUNTY OF MENDOCINO OFFICE OF THE COUNTY CLERK-RECORDER 501 LOWGAP ROAD, RM. 1020 UKIAH, CALIFORNIA 95482 ATI'ACHMENT._~ CINDY L. FRANCI ASSISTANT CLERK-RECORDER ANNE B. HOLDEN ASSISTANT REGISTRAR OF VOTERS REGISTRAR OF VOTERS (707)463-4371 RECORDER (707)463-4376 CLERK (707) 463-4370 MAR 3 2004 Invoice # 02-03:73 Costs incurred for processing the Special Election held on March 2, 2004: Total Election' Officials & Poll Places Total Ballots Total Supplies Total Postage Total Staff Time Total Legal Notices $ 1,722.13 $ 7,053.92 $ 699.74 $ 411.60 $ 3,800.33 $ 27.23 TOTAL DUE. AND PAYABLE ............ $13,714.95 Please remit to the above address. i,i AGENDA ITEM NO: 7e MEETING DATE: April 7, 2004 SUMMARY REPORT SUBJECT: AWARD OF BID FOR NEW COPIER TO THE SYSTEMS NETWORK FOR $14,042 PLUS TAX AND APPROVAL OF BUDGET AMENDMENT The City of Ukiah's copier lease with IKON has ended, and requests for proposals were sent out to eight companies. Fourteen separate proposals were returned, and staff has carefully reviewed them. Attached for Council's information is a summary of those proposals. Proposed copiers were evaluated for cost, speed, options, and capacity. Based on these factors, The Systems Network clearly provides the most suitable machine for the best price. While the City has traditionally leased a copy machine, it has been determined that a significant amount of money can be saved by purchasing the copier with a maintenance agreement. The Systems Network's Imagistics IM 8130 can be purchased for $14,042 plus tax, which includes delivery, installation and training. The corresponding maintenance agreement costs $.005 per copy. Additional information about this product is provided in the attached proposal. Amortized over five years, the average monthly cost of operation will be approximately $630, an average savings of approximately $800 per month over the City's current contract. Staff is recommending approval of The Systems Network's proposal, purchase of the Imagistics IM 8130, and the appropriation of an additional $15,000 to budget line item 100.1905.800.000 from the General Fund balance. Since this expense was not included in the 2003-04 Budget, an amendment is necessary. RECOMMENDED ACTION: Award bid to purchase copier to The System's Network in the amount of $14,042 plus tax and approve budget amendment to the 2003-04 budget increasing expenditures in account 100.1905.800.000 by $15,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Shannon Riley, Executive Assistant Shannon Riley, Executive Assistant N/A 1. Summary of copier proposals 2. Complete proposal from The Systems Network 3. Budget amendment worksheet Approved' Candace Horsley, O~ty Manager 4:Shannon/ASR.CopierBid.040704 Exhibit B · CITY OF UICTAH REQUEST FOR PROPOSALS COPY MACHINE SPECIFICATIONS 3ANUARY 2004 ~omp,:,,n¥ Na'me: ~.,ontact. Person Number' FEATURES DETA]{LS Model Nam_e/Number .(.].'9..pi_e..5 ]~e r minute Recomme.,nded copl_e_sj}er month _6LJ~omatic document feeder (Yes/N_o) C:omp~t. er2aper feeder (Yes/No) )ta_j'~er we.!.gb, ts_ (Maximum) J.~.ax~er st o r a_ g& _c_a Ea_c i_ty_ 5ecurib/...(.~.ccess codes? O.u.~.ntit¥?)_ ,j~.-_h_01_e_)L~_nch [Y_es/Nor Cap_a_ci__t30- .j:,utomal:ic d u2lgX_(Yes/No) _.M e mo~N_u m__ber of ~..o~. m .(Min~M~xlmum). ...?a_f. er size _E..~tpment dimensions _() u~:rj~g_~.t_p u rch asap rice ]~.purchasad~ annual maintenance costs 'TO SO0/ bP 'TO i tOL.~ ~OEX /_~, "iF_5t RenE.~l option available? If so, explain in del~il, monthly costs, maintenance fees, e~c. (Use separate sheet if necessary.) [.ease opt[on available? If so, explain monthly cost, plus buy-out amount, n~alntenance fees, etc. (Use separate si~eet if necessary,) Any other costs not Included above? .([.J_s~ s.__e2.a_rate sheet if necessarve.~ Other options? (Please explain. Use 'separate sheet i~ necessary.) see ~F)o.~o~. ~°~'o fx'3~ L FOP-. CoPY o imagistics 'rM 8130 MULTI'FUNCT'rONAL Purchase and Financing: Purchase Price as Specified: $ 14042.00 (Delivery, Installation & Training Included.) State & Local Leasing Option: Government Lease -$ 36 Months: $ 455.66 48 Months: $ 366.88 60 Months: $ 311.03 1 Buyout Full (Based service, Maintenance: on indicated average of >50k per month) including toner, excluding paper and staples: 0.5c per copy Rental Option: 36 Month Rental (excluding paper and staples): 1.5 c per copy agistics We are a company with national strength, but more importantly, local focus. Our individual offices are empowered to make all the decisions concerning your account: Your Points of Contact would be: Dan Fesler- Branch Manager - Ukiah Dan would be your first point of contact for all matters concerning your account Dee Koishor- Customer Service - Ukiah Dee would be the point of contact for scheduling service calls, supply orders and billing matters. Paul Ryan - I.T. Marketing Manager- Cotati Paul would be the liaison for Connectivity and TT implementation. mag stics Proposal For.' City of Ukiah TM 8130 MULTTFUNCTTONAL · 81 PPM DIGITAL COPIER NETWORK PRINTER & SCANNER · MAXIMUM DUTY CYCLE 500,000 COPIES PER MONTH · FINISHER WITH STAPLING, HOLE PUNCHING AND BOOKLET FINISHING · 100 SHEET POST ENGINE INSERTER FOR PLACING DELICATE OR COLOR INSERTS INTO PRINTED OR COPIED DOCUMENTS · UNLIMITED SORTING AND COLLATING · 7600 SHEET PAPER CAPACITY · ABILITY TO COPY & PRINT ON 17 - 110LB STOCK · NETWORK PRINTING INCLUDING GREENBAR FROM A/S zt00 SYSTEMS · DESKTOP DOCUMENT MANAGER ALLOWS PRINTING OF PACKETS FROM DIFFERENT SOFTWARE APPLICATIONS · SCANNING TO: DESKTOP, FTP, MAILBOX, EMAIL & I-FAX · LDAP LEVEL 2 COMPLIANT · COMPREHENSIVE NETWORK MANAGEMENT UTILITIES · ACCESS AND DEPARTMENT CODES FOR COPYING AND PRINTING · 566MHZ CPU WITH 256MB RAM · 20CB HARD DISK DRIVE FOR ]OB SPOOLING AND DATA STORAGE · 20 AMP LINE FILTER/SURGE SUPPRESSOR INCLUDED ag st cs References: County of Mendocino Pete Halstead 463 4291 County of Lake; .left Rein 263 2580 Savings Bank of Mendocino County Steve Chapman Lakeport Police Dept see attached letter Lin th ear Ima#]st~cs p~o#ucts.re~co#nize# by Buyers Laboratory, the "consumer advocate" of the office products community "~ost Outst~ndin# i~ultifunctiona] Product L.in~ ,6 MFPs earn LCC "Pick of the Year" 8 MFPs earn "Highly Recommended" 3 Products "Recommended" IM50166 © Copyright 2003, Imagistics International Inc. ITY O F LAKEPO RT TOM ENGSTROM CHIEF OF POLICE TELEPHONE 707-263-5491 FAX 707-263-3846 , 916 NORTH FORBES STREET LAKEPORT. CALIFORNIA 95453 April 22, 2003 To Whom It May Concern: As the person in this office responsible for making decisions about our document duplication needs, I would like to express my satisfaction with our recent contract with The Systems Network in purchasing an Imagistics 4510 digital copier. We were offered very competitive pricing in both the initial purchase of the machine, and the maintenance contract. Mr. Richard Johnson has been very informative and knowledgeable, and we appreciate his flexibility and cooperation in meeting our needs. He has provided us with a copier that suits our size and demands in a price range that is realistic. The IM4510 is a very fast and efficient copier. The time saved when completing a lengthy and complicated copying task is noticeable immediately. The machine is very adaptable to odd sized copies and different functions, and is very user-friendly for the operator. The IM4510 is space efficient. For all the jobs it is capable of performing, we have saved a great deal of office desktop space by being able to eliminate desktop fax machines, scanners and printers. This in mm saves us a great deal of cost, as it eliminates the need for the very pricey toner cartridges required of all the various desktop office machines. We are able to realize a savings of close to $200.00 each month in printing and maintenance costs by eliminating the bubble jet and laser printers and switching to the digital imaging of the IM4510. This is a substantial reduction in cost incurred by our duplicating needs. The quality of the digital imaging end product is also very impressive. We have enjoyed using the booklet feature, the hole punching feature, and appreciate the quality of the photo duplication. It is often difficult to distinguish the ori~nal document from the copy produced by this machine. In short, we are very pleased with the time, space and cost efficiency of our purchase, as this is the bottom line-of any business operation. Sincerely, Ellen Dills Records Director LAKEPORT POLICE DEPARTMENT imaqistics Pitney Bowes Office Systems lmagistiss lntsf. ational Inc. is committed to providing you with the world's finest products and services backed by our Customer Satisfaction Guarantee. CUSTOMER SATISFACTION GUARANTEE This Guarantee commits us to promptly repair any equipment you purchase, rent, or lease from us that fails to perform for you in accordance with its published specifications, provided that the equipment is continually covered under our equipment maintenance agreement, the failure is not caused by accident or misuse, you use supplies approved by us, and you comply with the terms of your sales, rental, license, lease, and service agreements, as applicable, pertaining to the equipment. If we are not able to repair the equipment in a timely manner, a loaner will be made available to you. In the event your equipment cannot be repaired, it will be replaced with a similar model at no cost to you. Our Guarantee is in effect for the initial term of your lease if you leasethe equi "' . pm~n~, or five years from the date of last manufacture Our commitment to your satisfaction means that any other problems or concerns you have will be resolved promptly. Any telephone calls or written communications you have with us will be answered promptly and courteously. Finally, if, in your opinion, we have failed to satisfl./you in any way at any time, you may call the Office of the Customer Advocate at 800-290-7860. We will not be satisfied unless you are satisfied. Marc Breslaws~ ~ Chairman and CEO IM50©07 We understand documents ART'. ~o §g ITEM NO. 7 f DATE: APRIL 7, 2004 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM JACK AND RAYNETTE COX AND JOHN AND SANDRA MAYFIELD, AND MARY SNYDER, AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Jack and Raynette Cox and John and Sandra Mayfield was received by the City of Ukiah on March 5, 2004 and alleges damages due to breach of contract through communications dated January 23 and February 10, 2004. The claim from Mary Snyder was received by the City of Ukiah on March 12, 2004 and alleges damages due to a power surge at 179 Park Place on December 29, 2003. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claims For Damages Received From Jack and Raynette Cox And John and Sandra Mayfield, And Mary Snyder And Refer Them To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimants Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Jack and Raynette Cox and John and Sandra Mayfield, pages 1-13; 2. Claim of Mary Snyder, pages 14-19. APPROVED!~~'~ Candace Horsley, Ci anager mfh:asrcc04 0322CLAIM File With: City Clerk's Office City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM o lr DAMAGES AGAINST!/~ THE CITY OF UKIAH ~I'' RESERVE FOR FILING STAMP ~1 AIM NO. i MAR 52004 CITY OF ~K~ C~ IY CLERK'S DEPARTMENT A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach sheets, identifYing the paragraph(s) being answered. . Name and address of the Claimant: , Address to which the person presenting the claim desires notices to be sent: Name of AddreSsee: ~.y Y_~,~ ?~ ~'N,1 Te'~phon~/~ ~ ~'g2 -- ~Z 5~Z. Address: . . The date, place and other circum~tan.ces of the occurre0ce or transaction which gave rise to the claim asserted. Date of Occurrence:/Iz~Ioy ~ ~h,,l,,~ ~,e'l~.'~-~.t~~/'~'Time of Occurrence: L ocation:~.,~,~.~ ' ~'~*~ ~ - '~,~ 'w ' · . - / ')- ' ~ ' ~' General description of the indebtedness, obligation, inju~, damage or loss incurred so far as it may be known at thetime°ft~s~n~zu/.~~o ~-~~,~ ~ ~ The nam~e or nam~es~emp~ye~_r~s caU)~)g th~njury, damage, or loss, if known. // / -L" Page I of 3 . If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars ($10,000) as of th~ date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of · computation of the amount claimed. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than .$25,000. (See CCP § 86.) / ~ Limited Civil Case r~ unlimited civil case IYou are required to provide the information requested above in order to comply with Government Code 1§910. . . . 10. Claimant(s) Soci~/~rity Number(s): (optional) Claimant(s) Date~/~i~h: Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile a Claimant(s) Auto Ins. Co.: Telephone: Address: · Insurance Policy No.: Insurance Broker/Agent: //~//~ Telephone: Address: / ' / 'V . ' / Claimant's Veh. Lic. No.: ~ Vehicle Make/Year: Claimant's Drivers Lic. No.: / Expiration: If applicable, please attach an J/repair bills, estimates or similar documents supporting your claim. Page 2 of 3 - ~'' '" READ CAREFULLY For all accident claims, place on the following diagram the name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If City of Ukiah vehicle was involved, designate by letter "A" location, of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City of Ukiah vehicle; location of City of Ukiah vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB SIDEWALK PARKWAY SIDEWALK CURB--.-1, Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: ~'-- ,~"~ ~ y Page 3 of 3 JC~N-23-04 FRI 03:14 PM. ..' CITY OF UKI~ · . , FIqX NO, 7074636204 P, Ot FAX TRANSM/TTAL FROM: {FAX TELEPHONE NUMBER) NUMBER OF PAGES, INCLUDING COVER SHEET Special In s tructions/IVo tes : IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (707) 463-6200 then THANK YOU. 306 SEMINARY AVENUE UKIA"~-, ~'{~SifaS:~oo Ph0nc-~g 7fiT/463-0200 Faxff ?07/463-6204 Web Address: w'ww, cibyoflaklah.com · _~-- · J(t1'I-23-04 FRI 03:14 PM CITY OF UKI~ F~ NO, 7074636204 P, 02 · 'x WATER SERVICE AGREEMENT This Agreement Is entered int© this ____ day of_.. * , 2004 ("Effective Date"), by and 'between Jack L. *Cox and Raynette Cox, husband and wife, and John Hm May/ield and Sandra M. Mayfield, husband and wife (collectively 'Customer"), whose mailing address is_ , Ukiah, California, 95482, and the C~ of Ukiah ('City"), whose mailing address is 300 ~eminary Avenue, Ukiah, California, 95482. Collectively, the City and the Customer shall be referred to in this Agreement as the "Partie~". Recitals , On April 10, 1987, Customer and City entered ~ Agreement ('the Agreement") concerning the extension of City water service to a parcel ("tbs Property"} known as Mendoc;ino Courtly Assessor's Parce~ Nos. 2'05-07 and 2-05-13, and which is more particularly described in the attaohed Exhibit A, which is incorporated heroin by this reference. When the City entered the Agreement with Customer, the Property consisted of two parcels and mini-storage units, , The Property Is located within the City's sphere of influence but outside its current boundaries. Pdor to entering the Agreement, Customer had applied for Minor Subdivision #14-85 to subdivide the Property into four parc, els, a final map for which minor subdivision wes filed on .... . , t988. 5. City maintains that its water rights permit includes the location of the Property as an allowed place of use. 6, The City's permit has expired, bul it has applied for a 10 year extension which application is pending before the California Water Resources Control Board ("the Board"), 7. The City's pumplng, storage and treatment facilities are at or close to their capacity to meet existing demands or~ the Cliy's water system during periods of high water use in the summer. 8. In the Agreement Customer agrees to petition for annexation if so requested by the City. However, as long as the Property remains outside City limits, the City has a prior obligation to provide water inside the City limits which is superior to its obligation to furnish water to out-of- city customers. o After entering the Agreement with Customer, the City Council adopted a policy that it would not serve property outside City limits and would only serve property after it is annexed into the City. Since adopting that policy the City Council has made one exception for a Iow-inoome housing project, where the County has agreed to the annexalion of the property and an application for annexation is submitted simultaneously with the application to LAFCO for an out-of-area service agreement. 10. Customer now desires to add new water service connections to the Property in order to construct an assisted living facility on the Property. [Need more details: further subdivision? Number of units? Type?] (collectively, 'the Project'). 11. The City is willing to provide one domestio water service connection and one fire service connection to the Property in order to develop the Project, subject to the terms and conditions as further set forth herein. J~N-23-04 FRI 03:15 OITY OF UKIIqH FIqx NO. 7074838204 P, 03 12. The .parties maintain that this agreement does not require approval by LAFCO under Government Code Secti°n 56133, because it ooncerns an extension of service that a city or district was providing on or before January 1, 2001. NOW, THEREFORE, based upon the above recitab, and the mutual promises contained herein, the Padiee herby agree as follows: , b~ City ~11 provide additional water connections to the Property consisting of one domestic water connec{Jon and one fire service connection, under the following conditions: a. The City will have the right to deny connections or terminate service, if the Board determines that the Property is not within an allowed place of' use .under the City's appropriative water rights permit or denies the City's application to extend the permit term. in its sole discretion, the City may delay terminating any existing connections until any legal challenges to any suoh action by the Board are concluded or pending an application to amend the City's permit to include the Property in its allowed place of use, However, the City shall have no obligation to delay such terminations or to challenge the Board's decision or to apply for amendments to its permit. The City shall have' the right to deny water connections to the Properly, Impose restd:tions on water use on the Property, or terminate conne~ions, if it lacks sufficient capacity or water supply to meet the need for water Inside the City limits. The City's delermlnation that it lacks such capacity or water supply shall be final and not subject to challenge by Customer or its successors or assigns. c. Customer shall comply with all of the rules, regulations, policies, tariffs, rate schedules, and ordinances (collectively, 'rules") of City (whether currently in effe~ or as adopted or amended hereal~er) that apply generally to the City's provision of wa[er service to residents and customers of the City, including the completion of all required applications for service and the payment of all fees and charges; except ~th respect to water rates which shall comply with paragraph 4 of the Agreement. d. Customer and City shall comply with ali applicable state and federal lav~ and the binding determinations of state or l'ederal agencies with jurisdiction or authority ever the parties' performance under this Agreement. e. Failure of customer to comply with the requirements in subparagraph 1,0 shall subject the Customer to the same remedies and sanctions, including termination of wa~er service, as would apply to a customer who receives service within ~'s boundaries. f. Customer shall incorporate drought resistant plant materials and drip irrigation in any onsite landscaping that is required for the development, and any other water conservation measures required by the City. This document contains the entire Agreement be[ween the parties concerning its subject maffer. Any and ali existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject 'matter, are hereby canceled and superceded by this Agreement, and such prior statement or agreement shall have no further force or effect. Whenever notice to a party is required or permitted by this Agreement, it shall be deemed given when deposited with proper address and postage In the U.S. Mail or when personally delivered to the addresses set forth in the first paragraph of this Agreement. Either party may change the 2 JAN-23-04 FRI 03:15 Pi'I CITY OF UKI~ F~X NO. 70?4636204 P, 04 - . address to which notice must be given under this Agreement by providing notice of the address change as provided in this paragraph. 4.. This Agreement shall be governed by the laws of the State of California. Any legal action arising out of thts Agreement must be filed in Mendo(~ino County. The parties waive any objections they may otherwlee have to jurisdiction or venue In Mendocino County. 5. This Agreement is for the sole and exclusive benefit of the parties Who do not intend to create any rights In third parties or lo create third party beneficiaries. 6. Neither party, to this Agreement shall assign its rights hereunder without:the prior written consent of the other party. Any assignment which has not been approved by the other party shall, at the option of that par'bi, render this agreement void and unenforceable. No waiver by either party of any of the provisions of this Agreement or failure of either party to object to a breach thereof shall constitute a waiver of any other pmvlslons of this Agreement, or of the parties' right to enforce a subsequent breach of the same or a different provision of the Agreement. No Waiver shall be deemed a continuing one or bind either party in any way, unless confirmed In writing signed by that party. The Signatories to this Agreement have been duly and properly authorized by the party they represent to sign this Agreement on its behalf and their signature on this Agreement is binding upon the party they represent. b Be m This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. This Agreement was executed and delivered as of the Effective Date in Ukiah, California. C~,stomor City of Ukiah 13y: _ Jack L, ~ox By: _ l~-.ty: _ ATTEST: Ray~te cOX ['y: John N. Mayfielci, J~, ' Sandra M. 'Mayfi'eld By: _. Gordon E~ton, City Clerk 3 BRIGHAM & VANNUCCI Attorneys at Law Thomas S. Brigham Philip M. Vannuc¢i An association of sole practitioners Kathy Lohr, Certified Legal Assistant January 30, 2004 Sent Via Facsimile and U.S. Mail to 463-6204 Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 re: Cox and Mayfield water agreement Dear Ms. Horsley: I represent Jack and Raynette Cox and John and Sandra Mayfield in connection with several parcels of real'property they own off Brush Street in Ukiah and upon which C & M Storage is located, Although the property is outside the City limits, my clients are receiving water from the City pursuant to an agreement executed in 1987 and recorded at Book 1621, Page 444 of Mendocino County Records. ! am sure you are familiar with the terms of that agreement. The Coxes and Mayfields have prospective buyers for one of the parcels. In connection with their due diligence investigation, the buyers went to the City with the agreement. They were told that the City has no obligation to supply water to the undeveloped portions of the Brush Street property. Further, in response to my clients' inquiries, you sent them a Water Service Agreement which treats the 1987 agreement as worthless. In fact, the 1987 agreement is unequivocal in granting my clients the right to water services on the property. Moreover, the agreement provides that its covenants inure to the benefit of successors, such as my clients' prospective buyers. Unless you have some compelling evidence or legal authority of which I am unaware, your position constitutes a breach of your agreement with my clients. Moreover, your staffs' derogatory statements to prospective buyers constitute slanders of the title. If I do not hear such a compelling argument by February 10tb, I intend to take legal action -8- 387 N. State Street, Suite 1, P.O. Box 358, Ukiah, CA 95482 + T~lephone: 707-462-9292 + Facsimile: 707-467-2492 To: Candace Horsley January 30, 2004 Page TwO on behalf of my clients. We will not only seek declaratory relief, but also damages for the City's slander of title and breach of contract. c: David Rapport Sincerely, -.? ,,',.? ,, THOMAS S. BRIGHAM 387 N. State Street, Suite 1, P.O. Box 358, Ukiah, CA 95482 4~ T~lephone: 707-462-9292 4, Facsimile: 707-467-2492 RF_CEIVED FEB 11 ZO0 . Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport LeSter J. Marston Scott Johnson Mary Jane Sheppard (707) 462-6846 FAX 4624235 February 10, 2004 Mr. Thomas S. Brigham' Brigham & Vannucci 387 N. State Street, Suite I P.O. Box 358 Ukiah, CA. 95482 Re: Cox and Mayfield water agreement Dear Mr. Brigham: I have been asked to respond to your letter of January 30, 2004, to Candace Horsley. The 1987 Agreement referenced in your letter does provide that Cox and Mayfield agree to obtain their water supply for use on the parcel solely from the City, and the City agrees to supply water so required. However, that obligation of the City is subject to the City's obligation to supply water inside the City limits and within the limitations of its pumping and treatment facilities and its water rights. In the administration of its water system, the City can limit new connections to property it has been serving outside City limits as long as that limitation is not arbitrary. (See County of Del Norte v. Crescent City (CA 1 1999) 71 Cal.App.4th 965.) In imposing those limits the City can elect to reserve new connections for its city residents, if necessary because of limitations in its water system or water sources. (Id.) The agreement that was sent to your clients was intended to give them some assurance that they could receive an additional connection to serve the development city staff thought they were planning. They are not required to sign that agreement. They will have to 'apply for new connections to serve the future development of the property. The City will determine at the time of any such future application whether it has the capacity to serve that additional development and still meet the demand of existing and new connections within the City limits. In that regard, you should be aware that on January 29, 2003, the State Department of Health Services notified the City that by March 8, 2004, it must submit a written statement to the Department describing how it can' meet maximum day demand with 'its existing source capacity. After reviewing this information, Letter to Thomas Brigham Subject: Cox/Mayfield Agreement Date: February 10, 2004 .. the Department will determine if it. is necessary to restrict the City from providin, g additional service connections until it can demonstrate adequate source capacity... Page 2 cc: Candace Horsley, City Manager City Attorney BRIGHAM & VANNUCCI Attorneys at Law' Thomas S. Brigham Philip M. Vannucci An association of sole practitioners Kathy Lohr, Cern'fled Legal Assistant February 17, 2004 David J. Rapport Rapport & Marston 405 West Perkins Ukiah, CA 95482 Re: Cox/Mayfield Water Agreement Dear Mr. Rapport: This will respond to your letter of February 10, 2004. We do not see anything in your letter which changes our opinion that the City is repudiating its 1987 contract. There is certainly nothing in the one legal citation you provide that supports the position that the City can ignore its contractual obligations. In fact, the County of Del Norte case specifically recognizes that the City has discretion "unless specifically required by contract." (71 Cai. App.4th at 971) You supply no authority or reasoning for your contention that the City's contractual obligation is subject to its obligation to supply water inside the city limits. Your contention would mean that a 1987 contractual obligation is subordinate to all of the hookups that have occurred in the city limits since 1987 and is also subordinate to the 150 hookups the city recently committed to across the street. Finally, the suggestion that the state would not allow the city to honor a 17-year old contractual commitment when it approved 150 hookups across the street is not credible. We will be filing a claim with the city within the next week. ~o~~Sincerely' B~~G~ · OMAS S. cc: Jack Cox John Mayfield 387 N. State Street, Suite 1, P.O. Box 358, Uldah, CA 95482 Telephone: 707462-9292 Facsimile: 707467-2492 1 2 3 4 6 7 8 9 10 11 12 13 t4 15 16 17 as 19 2O 21 22 23 24 25 26 27 28 THOMAS S. BRIGHAM (SBN ~44899) 387 N. State Street, Suite One Post Office Box 358 Ukiah, California 95482 Telephone: (707) 462-9292 Facsimile: (707) 467-2492 Attorney for Claimants FEB 4 2004. CITY OF UKIAH CITY CLERK'S DEPARTMENT CLAIM AGAINST THE CITY OF UKIAH JACK COX and RAYNETTE COX, JOHN MAYFIELD and SANDY MAYFI~LD, Claimants. CLAIM FOR SPECIFIC PERFORMANCE AND DAMAGES (Government Code §910) TO THE CITY COUNCIL OF THE CITY OF UKIAH: You are hereby notified that JACK COX, RAYNETTE COX, JOHN MAYFIELD and SANDY MAYFIELD (hereinafter "Claimants") whose address and phone number are set forth . above, make the following claim against the City of Ukiah: Within the last year, the City of Ukiah, through its employees or agents David Rapport and Candace Horsley, has breached its written contract to provide water to'claimants' property known as Mendocino County Assessor parcels 2-05-07 and 2-05-13. 'The breach consisted of communications ) by the above-named individuals which constituted a repudiation of the contract. The contract and · certain written communications between the City Attorney and the claimants' attorney are attached hereto to provide sufficient detail to assess this claim. The repudiation and breach of the agreement entitles claimants to specific performance of the agreement. If specific performance is not available under law and equity, then claimants are entitled to damages in the amount of $1,000,000.00 which represents, the diminution in the value of the property caused by denial of water service to the property. File With: City Clerk's Office City of Ukiah 300 Seminary Ave Ukiah: CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH RESERVE FOR FILING STAMP MAR 12 2OO4 CITY OF LIKIAH CITY CLERK'S DEPARTMENT A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. 1. Name and address of the Claimant: Name of Claimant: Mary E. Snyder Address: 179 Park Place Ukiah, CA 95482 . Address to which the person presenting the claim desires notices to be sent: Name of Addressee: Mary :E. Snyder Telephone: Address: 179 Park Place 462-7349 Ukiah, CA 95482 The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asseded. Date of Occurrence: lV[onda¥, December 29, 2003 Time of Occurrence: appro×. 4: 30 a.m. . Location: 179 Park Place, Ukiah, CA Circumstances giving rise to this claim: On 12/28/03 at about 8:30 pm the power to my home "went out". I called my neighbor, John Frary, a retired PGE 'engineer ,to ask if his was also out. He said "yes", and told me to unplug my refrigerator, which I did. when i awoke happened alon~ with a blue ball of energy that smelled like burning "stuff"...the frig would not operate! Mr. Frary came over and said there' had been a power surge caused by the outage and that had "MiA±ed" my ~rig. My dryer also was'. damaged and quit working! General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. One (1) Kitchenaid S/$ refrigerator One (1) Kitchenair gas dryer $1,754.00 i~cl. tax & del. fee 500.00 incl. tax & del. fee . Total loss due to power outage $2,254.00 The name ornames ofthe public employee oremployeescausingtheinjury, damage, orloss, ifknown. unknown Page I of 3 . If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars ($10,000) as of the date of presentation Of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation' $2,254.00 receipts attached see item #4 for breakdown If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) ~ Limited Civil Case ~ Unlimited Civil Case IYou are required to provide the information requested above in order to comply with Government Code §910. . Claimant(s) .Social Security Number(s): (optional) 463-4'8-6197 . Claimant(s) Date(s) of Birth: 05/25/34 . Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the · claim asserted: John Frary 462-1833 175 Park Place Ukiah, CA 10. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: N/A 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: N/A Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your. claim. Page 2 of 3 READ CAREFULLY For all accident claims, place on the following diagram the name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City of Ukiah vehicle; location of City of Ukiah vehicle at time of accident by "A-l" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB ' SIDEWALK PARKWAY SIDEWALK CURB "'-1, Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: ~0J~~ _ , ~j Date: Page 3 of 3 !2(~4 N, 5TATE-STF:EET · .. FLOOR .: -~. ,. GERIAL)/LO)i DESCRIPTION . TOP LOAO WASRER WHITE ..,.~O~UflEN'TATIO~'FEE ~EL!VERY C~RGES , HAUL-AWAY C1 FREON RECOV) HAUL-AWAY C HAUL-AWAY C DRVEpF~q~S .. ARGE RY CflARBE lARGE ~iTE BUB TOTAL " , TOTAL PAYMENT ~ O~21-n~ ~ASTERCARB PAT~FNT 2 02~.~.'-04 ~ASTERCAR~ PAYMENT TOTAL OUR GOAL iS YOUR COMPLETE SgT!SFACTtON ~D ~ GREAT SHOPPING E~PERIE~CE. .. / UNiT PRICE PR!CE ., !5.00 ~,. !0.00 . !~.00 '43,i.00 -I I',OC)" ,1-~ ~ .ri. ~ · ~. · [,L5 004858 .:~... '~ -... FJATE PRO~t/.nEL ! 02 -04 -04 0!-23-04 .n. !-2.1-04 0i-2.%04 0!-21-04 0!-25.-04 0!-2~:-04 ' .%!.'00' I02L9~ 52~,9~ PARDINI APPLIANCE 1204 N. STATE STREET UKIAH? CA 95482-3418 707-462-7525 STATE REG) A42763 'INVOICE 72986 MARY SNYDER MARY SNYDER 179 PARK PLACE 179 PARK PLACE UKIAH. CA 95482 UKiAH. CA 95482 SHIP ViA COMMENTS TERMS :CASH O~ DELIVERY : HOOK-UP/HAUL SALESPERSON: JP JIM : HAUL AWAY CHARGES FOR REFRIGERATOR ARE ON SEPERATE INVOICE: SEE !NV( 72984 FOR CHARGES((~(((~( - ~UANT!TY t~l~ PART/ UNIT SHIP ~B O~ BRAND MODEL SERIAL(/LOC ~ESCRIPTION PRICE K/A KSRS25IHBU SK2135269 25CU.FT. SXS BLUE 1600.00 EXPER ESCE EXTENDED SVC,CONTR PART,LABOR 0.00 WR-FEE DOCUMENTATION FEE 3.~0 DEL DELIVERY CHARGES 34.50 EXT PRICE I600,00 0.00 3.50 34.50 SUB TOTAL TAX TOTAL PAYMENT I 01-27-04 MASTERCARB PAYMENT TOTAL SHI 02784S !6~8.00 !16.00 75 ~]n 1754.00 !754.00 BALANCE DUE Authorized by Date ReceiwU by THANK YOU FOR SHOPPING WITH PARBiN! APPLIANCE WE APPRECIATE YOUR BUSINESS OUR GOAL ~e YOUR COMPLETE 5~T~=FAc.tON AND A GREAT SHOPPING EXPERIENCE. DATE PROM/DEL 0!=27-04 01-23-04 01-2~-04 Date .... ., r%-.:.n , SH.'.F' ,.r., ,-... "..'ART.:: ',1,'74~'2{"958 ;. t .- ;5 :', ~ J ,, ':'t' ! 5.:)0 si ]4. :1:2-:)4-'.':4 · "J !-25-0 0"- -23- 0'"" 0!-N-04 '}l <}'i-21-04 ITEM NO. ~'§ DATE: April 7, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE EXTENSION WITH MENDOCINO COUNTY FARM SUPPLY FOR A PORTION OF CITY OWNED PROPERTY LOCATED AT THE UKIAH REGIONAL AIRPORT The Mendocino County Farm Supply has leased a portion of the Airport property clear zone since 1999. The property was originally leased for a term of five years at the rate of $600 per month with a Consumer's Price Index (CPI) escalator clause. The current rent is approximately $625 per month. The Farm Supply utilizes the property for outdoor storage of yard materials such as pipe and fencing materials. The original lease, provided as "Exhibit A" of the attached "Extension of Lease Term", provides the tenant an option to renew at the end of the five year term, including the CPI escalator clause. The Farm Supply has indicated the desire to continue leasing the property. As the property is identified as clear zone and the Airport has no plans for development in the foreseeable future, staff is recommending approval of a five year extension. RECOMMENDED ACTION: Approve five year extension of lease for a portion of the Ukiah Regional Airport with the Mendocino County Farm Supply under the terms and conditions defined in the "Lease Agreement". ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine extension of lease requires further consideration and remand to staff with direction. 2. Determine approval of lease is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Mendocino County Farm Supply Larry W. DeKnoblough, Community Services Director,/..~0~ Candace Horsley, City Manager Draft Extension of Lease Term APPROVED!' Candace Horsley, City ~nager LD/ZIP2 FarmSupplyLease.Asr EXTENSION OF LEASE TERM This Extension of Lease Term amends that certain lease between the City of Ukiah ("Lessor") and Mendocino County Farm Supply ("Lessee") entered on February 15, 1999, a true and correct copy of which is attached heterto as "Exhibit A" and incorporated herein by reference ("Lease Agreement") and is entered on April 8, 2004 in Ukiah, CA by and between Lessor and Lessee. 1. Paragraph 2 of the Lease Agreement is hereby amended to read as follows: 2. Term The term of this lease is for a period of five (5) years commencing on April 8, 2004 and expiring at midnight on April 7, 2009 unless earlier terminated pursuant to paragraph 7 or extended by written agreement of the parties. . . Except as amended by this Extension of Lease Term, all other terms and conditions of the "Lease Agreement" as set forth in "Exhibit A" remain in full force and effect. This Extension of Lease Term may be executed in one or more duplicate originals each bearing the original signature of the parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Agreement. Entered on the date first written above. CITY OF UKIAH: By: Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk LESSEE: LEASE AGREEMENT This Lease, made this 15th day of February ,1909 , by and between the City of Uk~, State of Califomia, acting by and through its City Council, hereinafter referred to as "Lessor" and Mendocino County Farm Supply, a non-profit corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS:. 1. Lessor has the authority contained in Government Code Section 37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the' City of Ukiah. LEASE AGREEMENT .. 1. LEASE. .. 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 a portion of that certain parcel of property commonly referred t° as "Ukiah Regional .Airport, located at 1411 South State Street, City of Ukial~ {Jounty, and more specifically described on the ~attached"[Exhibit'A"'6i- tOgetherwith a right .... of access thereto. " 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set forth above. Lessee shall have the option of renewing this lease for a second five (5) year term contingent upon terms and conditions to be agreed upon at that time. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum 'of $600 per month for the first three years of this agreement. At the commencement of each subsequent year the -1- ' rent shall be increased at the rate of two percent (2%) or equal to the Consumer's Price Index, whichever is' greater. .... 3.1. Lessee specifically represents that the purpose of this lease is material storage and agrees to comply with any and all clear zone height restrictions as defined by the Airport Master Plan. 4. USE .AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said .. property and rifle to said improvements shall be vested in the Lessor upon termination of this lease. 4.1. Lessee Shall use the leased premises exclusively as material storage. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Lessee shall prepare plans and specifications for said improvements and obtain approval prior to work on the leased premises. 4.3. Lessee agrees to keep the premises and all improvements in good repair and order, and to bear the full cost for maintenance of all improvements.' .......................... · 4.4. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 4.5. Lessee is responsible for the relocation, alteration, removal,, construction, reconsm~ction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.6. Lessee shall not use or permit the leased premises, to be used except in full compliance with all rules, regulations, laws Or ordinances of the City of Ukiah, Ukiah Regional Airport, and the State of Califo~a. -2- 4.7. Lessee shall not maintain any nuisance on the leased premises or engage in any activity that unreasonably interferes with the use of the Ukiah Regional Airport by Lessor and the general public. 4.8. Lessee shall be responsible for landscaping or landscape maintenance of the leased premises. 4.9. Lessee shall, at its sole expense, be responsible for payment of all utilities and any possessory interest tax which results from use of the premises by Lessee. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lesson 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, ag6nts and.. employees from and against any and all liability, loss, cost, or other obligation, inclufiing reasonable attorney's fee, on accost of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of ExhTbit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3. Notwithstanding the provisions of Exhibit B requiting Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its stares as a non-profit tax exempt organization; -3- b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and e. All persons performing services for the organi?~tion do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shaH ~tely thereafter comply with the workmen's compensation provisions of Exhibit B. 7. TERMINATION. 7.1. Lessor can cancel this Lease immediately for any breach of this lease by Lessee without any prior notice to Lessee. 8. ATTORNEY'S FEES. In the event of any legal action arising out of this Lease, the prevailing party shall recover its attorney's fees and costs resulting from such action. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. ' ........................ City's waiver of any default in. Lessee's performance of any condition of this Lease, including the obtiga'_tk~_ n to pay rem, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: -4- TO LESSEE: Mendocino County Farm-Supply 303 Talmage Road Ukiah, CA 95482 City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 2. RECORDING AND BINDING EFFECT This Lease may be recorded and shall be binding upon and inure to the benefit of any successor to or purchaser of either party's interest. 13. PARAGRAPH HEADINGS. Para .g[a. ph headings are included for the convenience of the parties and are not intended to def'me or limit the scope of this Lease. 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether omi or written, or renewals thereof, between the parties hereto, covering the same subject matter, 'are hereby canceled and superseded by the terms of this Lea~, and such prior agreements, statements or understandings shall have no further force or effect. 15. DUPLICATE ORIGINALS. This ~ may be executed in one or more duplicate ori~nals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. ATrEST:.~ City Clerk -5- OF UKIAH Lessee _ ,' STATE STREET AGENDA SUMMARY REPORT ITEM NO. 7h DATE: April 7, 2004 SUBJECT: REPORT OF DISPOSITION OF SURPLUSED USED EQUIPMENT Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 18, 1996, this report documents the sale of equipment determined to be obsolete (no longer used) by the Landfill. Sale of the equipment is in accordance to City Code Section 1533 and the Surplus Procedure Statement that includes solicitation of specialty items in surplus. As it was reported to Council on July 17, 2002, Gruyot Heavy Equipment Appraisal Service appraised the four items of Caterpillar Heavy Equipment, and solicitations were mailed to 135 contractors, city and county landfills, building exchanges, and companies that purchase equipment for resale. Notice of Sale was published in the local newspaper and posted on the City website. At closing of bids, three were received; two no bids and one to purchase the 627 F Scraper for a net amount of $330,000. It was then determined that the other three pieces of equipment would be advertised in "heavy equipment for sale magazines", out of the area newspapers, and on the City's website. On March 23, 2004, the City of Ukiah received a bid for the D8N Caterpillar Tractor/Dozer from Victoria Equipment, located in Victoria, Illinois, in the amount of $78,500.00. The bid was accepted, and on April 1,2004, a final Bill of Sale was prepared, and the sale consummated. Efforts continue to sell the remaining Landfill equipment. RECOMMENDED ACTION: Receive and file report regarding the disposition of surplused used equipment. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Gordon Elton, Director of Finance Mary Horger, Purchasing Agent Candace Horsley, City Manager 1. Procedure for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement 2. City Code Section 1533 3. Surplus disposition list APPROVED: ' _ Candace Horsley, City~anager C:\Documents and Settings\MHARRIS.CITYUK\Local Settings\Temporary Internet Files\OLK20\Agenda-Surplus-D8N.doc PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES I~c~'~~' '¢~ I 9/18/96 · In order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established: . On a quarterly basis (July 1, October 1, January 1, April 1), each City Department Head completes and submits a prescribed form listing all materials and equipment found to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and Purchasing/Warehouse Supervisor. . Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. . o Copies of the items listed as surplus are distributed by the Director of Finance to all Department Heads for possible recycling. Purchasing Officer shall have the authority to dispose'hr surplus and file a report with the City Council setting forth a description of sale by the close of the agenda for the next regularly scheduled meeting. o The Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. ao Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. b. Purchasing Department will coordinate public auctions with the County of Mendocino, joining with them for sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. C. Purchasing Department will coordinate the moving of surplus items to 'the auction site during the week immediately preceding the auction. do Following the auction, the auctioneer will proVide a list of items sold, the selling prices, and the funds received to the Purchasing Department. e. Specialty items as approved by the Purchasing Officer or extremely large items which cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed 'bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. . If after Completing steps 1-5 above, any item is not sold or recYcled, and it is not reasonable to assume that 'the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. C:~Vly Documcnts\WPDOCS~PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE-96.doc §1530 {}1534 B) 1. Recorded Explanation: The head of such department shall send to the Purchasing Officer a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council. as provided in subsection A1 above. 2. Emergency Procedure: The Purchasing Officer shall prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. (Ord. 667, {}2, adopted 1975) {}1531' ..' COOPERATIVE PURCHASING: The 'Purchasing Officer Shall have the authority to join with other units of 'government in cooperative pur(~hasing plans when the best interests'of the City,would be serrved thereby. (Ord. .667, {}2, adopted 1975) ;'~' {}1532: iNSPECTION AND TESTING: The Purchasing Officer shall Inspect supplies 'and equipment delivered to determine their conformance with the specifications set forth in the order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 667, §2,. adopted 1975) ___._._~ §1533: SURPLUS SUPPLIES 'AND EQUIPMENT: All departments shall submit to the Purchasing Officer, at such times and in such forms as he shall prescribe, reports showing ~!i supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to exchange for or trade in on new Supplies and equipment all supplies and equipment which cannot be used by any agency or which have become, unsuitable' for City use. The Purchasing Officer shall have the authority to dispose of surplus 'property by solicitation of bids or by public auction. (Oral. 667, §2, adopted. 1975) {}1534: SEVERABILITY: If any section, subsection, 'subdiv. ision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be. declared unconstitutional or otherwise invalid. (Ord. 667, §2, adopted 1975) 1064 AGENDA SUMMARY REPORT ITEM NO 7 ~_ DATE: April 7 2004 SUBJECT: AWARD OF BID FOR PURCHASE OF TWO PATROL VEHICLES IN THE AMOUNT OF $52,286 TO NORTHLAKE FORD MERCURY AND APPROVAL OF BUDGET AMENDMENT Included in the Fiscal Year 2003/2004 budget (account #100.2001.800.000) is the purchase of one patrol vehicle for the Police Department at an estimated cost of $25,000. In March of this year staff submitted bid requests (RFP) to nine vehicle vendors, including all local car dealers for the purchase of a new patrol car according to State of California Specifications for Police Vehicles with preferred additional optional items desired by the Ukiah Police Department. Bids were opened March 28th, 2004, with one response. Northlake Ford met the specifications provided for in the RFP, at $26,143. Because this cost is above the budgeted cost for the vehicle, staff recommends that $1,143 be transferred from the department's account in the Equipment Replacement Fund (698) for this purchase. Also in March of this year, one of the department's newer vehicles was damaged beyond repair when it was hit while parked in a parking lot. Staff is working with the driver and the insurance company to obtain funds to replace this vehicle. During the bid process, staff directed vendors to provide an optional cost of replacing this vehicle. It is recommended that this replacement be purchased by the Equipment Replacement Fund (698) and the account be reimbursed with funds secured by insurance. RECOMMENDED ACTIONS: 1. Award bid to Northlake Ford Mercury in the amount of $52,286 for two Police vehicles. 2. Approve amendment to the 2003/2004 budget authorizing $27,286 of expenses in account 698.2001.800.000 to pay for one vehicle and provide the additional funds for another. ALTERNATIVE COUNCIL POLICY OPTION: Reject bids and provide staff with alternative action. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Budget Amendment Worksheet, page 1. Candace Horsley, City,Manager w 0 ITEM NO.' DATE' 9.8 April 7, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING THE BUILDING AND LAND USE DEVELOPMENT PLAN GUIDELINES FOR THE UKIAH MUNICIPAL AIRPORT SUMMARY: City staff has been working with the City Airport Commission and Planning Commission to prepare Building and Land Use Development Guidelines for the Ukiah Municipal Airport. The proposed Guidelines were prepared to more closely define the land use restrictions and standards outlined in Chapter 6 (Building Area Development) and Chapter 7 (Land Use & Environmental Issues) of the Ukiah Municipal Airport Master Plan. Specifically, the Guidelines were crafted to provide definitions of individual planning areas on the airport grounds and to list the allowed and permitted airport-related land uses and development standards that apply in these areas. The Guidelines also include textual and flowchart descriptions of the various permit processes required for development on airport property. Background: In July of 1996, the Ukiah City Council adopted the Ukiah Municipal Airport Master Plan to serve as the framework for the implementation of individual development projects on the airport grounds. This comprehensive plan, which was prepared by Schutt Moen Associates, provides extensive information about the existing airport infrastructure and aeronautical functions, as well as discussions about proposed improvements to the airfield and surrounding airport property. It also contains detailed information about allowed and permitted land uses at the airport and a comprehensive analysis of airport compatibility issues. (continued on Page 2) RECOMMENDED ACTIONS: 1. Adopt the Negative Declaration prepared for the project; and 2. Adopt the Resolution approving the Ukiah Municipal Airport Building and Land Use Development Plan Guidelines. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that revisions to the Negative Declaration or the Ukiah Municipal Airport Building and Land Use Development Plan Guidelines are necessary, identify required modifications, and approve as revised. Citizen Advised' Requested by: Ukiah Planning Department Prepared by: Dave Lohse, Associate Planner and Paul Richey, Interim Airport Director Coordinated with: Candace Horsley, City Manager and Charley Stump, Director of Planning Community Development Attachments: 1. Draft Resolution Adopting the Ukiah Municipal Airport Building and Land Use Development Plan Guidelines 2. Negative Declaration for Ukiah Municipal Airport Building and Land Use Development Plan Guidelines 3. Draft Ukiah Municipal Airport Building and Land Use Development Plan Guidelines 4. Minutes of the Planning Commission Meeting held on February 25, 2004 5. Staff Report to the Planning Commission APPROVED: Candace Horsley, (S~y Manager Continued from Page One Unfortunately, the all-encompassing nature of the Master Plan and the sheer size of the document require a comprehensive and extensive level of review to fully understand its intent, making the effective implementation of its policies more difficult than intended. These same factors have also caused members of the public and the Airport Commission to express frustration when considering where hangars and other development projects should be situated, and how such buildings should be designed to comply with the design and compatibility criteria outlined in the plan. In order to address these concerns, the Airport Commission requested in late 2001 that staff from the airport and other relevant City agencies meet with the Commission to identify which projects will be feasible for development at the airport. The Airport Commission also requested that staff provide clarification on the most effective means of processing applications for the ministerial and discretionary permits required to develop such projects, and a better description of the standards that would be applied during the permit process. Over the next year, the Airport Commission met with staff and interested persons, including Judy Pruden, to assess different means to more effectively express the intent and development criteria of the master plan. Eventually, the Commission agreed that guidelines would be the most effective way to alleviate the problem, particularly if the document was written in a more easily understood format. This work was done through a series of workshops, with the Airport Commission voting in December of 2002 to send the Guidelines to the Planning Commission for review and recommendations, and then to the City Council for adoption. The Planning Commission reviewed the Guidelines on February 25, 2004, and voted to recommend that the City Council adopt the Guidelines, as proposed. Project Description: The Building Area & Land Use Development Plan Guidelines for the Ukiah Municipal Airport were specifically written to provide a more concise definition of the land use restrictions and development standards outlined in Chapters 6 (Building Area Development) and Chapter 7 (Land Use and Environmental Issues) of the Ukiah Municipal Airport Master Plan. In order to do this, the guidelines divide the developable portions of the airport grounds into specific planning areas and list which airport-related land uses are allowed or permitted in these areas. The guidelines also include more concisely defined development standards, such as minimum building footprints, parking, and landscaping. They also include textual explanations and a fiowchart describing the processes required for discretionary permits, ministerial permits, and leasing requirements that would apply to the majority of potential development projects. These guidelines do not add to or delete any of the allowed land uses or required compatibility criteria defined in the Airport Master Plan, and there are no amendments to the development standards now required in the PF (Public Facility) Zoning District that applies to the airport property. Planning staff also analyzed the potential for this project to cause adverse environmental impacts, beginning with a comprehensive review of the Initial Study of Environmental Impacts that was prepared for the Ukiah Municipal Airport Master Plan in 1996. This study concluded that the adoption and implementation of the master plan for the airport would cause no potential significant adverse environmental impacts and no mitigation measures were required. As a result of these conclusions, the Ukiah City Council adopted a Negative Declaration for the Airport Master Plan. While this analysis was helpful, the City Environmental Coordinator determined that a separate Initial Study was required for the proposed Guidelines. This determination is based, in part, on the fact that the guidelines would be a minor addendum to the approved airport master plan and that the environmental analysis must be expanded to comply with CEQA requirements. In addition, the Initial Study done for the Guidelines uses significance criteria that have changed since the previous environmental analysis was completed. Specifically, this Initial Study includes a listing of the significance criteria applied to the analysis, an Environmental Checklist to determine whether the criteria applied to specific environmental impacts, and staff's conclusions. Based on its analysis, staff concluded that the adoption and implementation of the Building Area & Land Use Development Plan Guidelines for the Ukiah Municipal Airport would cause no adverse environmental impacts and would, therefore, require no measures to mitigate such impacts. CONCLUSIONS: City Staff, the City Airport Commission, and the Ukiah Planning Commission have prepared more specific and comprehensive guidelines for airport-related projects developed on airport property. The proposed Guidelines do not alter the existing land use requirements of the airport's Master Plan or the means for reviewing and approving development projects. They will, in fact, provide the Airport Commission, City staff, and the general public with a more readable and more easily understood blueprint for potential development projects on designated areas of the airport, making the implementation of the Master Plan's policies and compatibility criteria even more effective. RECOMMENDATION: The Planning Department recommends that the City Council: 1. Adopt the Negative Declaration prepared for the project; and 2. Adopt the Resolution approving the Ukiah Municipal Airport Building and Land Use Development Plan Guidelines. AGENDA SUMMARY REPORT ITEM NO. 9b DATE: April 7, 2004 SUBJECT: PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 03~04, REALLOCATION OF FUNDS FOR FY 02103 COPS, AND DISCUSSION OF FUND ALLOCATION Assembly Bill 3229, signed into law in 1996, established the California Citizen's Option for Public Safety (COPS) Program. This bill authorized annual appropriations of monies for use in augmenting law enforcement agencies. This grant is intended to be used to supplement and enhance existing law enforcement services to communities. These funds cannot be authorized for use to supplant existing authorized funding. In 2002 the City Council authorized using FY 02/03 funding for the creation of a traffic officer position. This position was later frozen, and these funds will be lost if they are not utilized prior to July 1st, 2004. In addition, the City received funding again in 2003 for the COPS program. These funds have been approved yearly in the State Budget, but it appears there may be no further funding in this area in future years. For this funding staff recommends two purposes: 1. Remodeling the space gained from the evidence room move. 2. Equipment purchases for the departments use of force training program. In conjunction with the evidence room move into the new facility, staff has utilized funding from various grants, including funding from the COPS Grants to equip the new facility with a rolling storage system, and updated forensic evidence processing equipment. The move into this facility is being conducted at this time, and the old evidence storage space will require a remodel for use by staff. Staff intends to utilize this space for a meeting/training room, additional interviewing space, and staff office space. A portion of the COPS funding is recommended for this purpose. (continued on pa.qe 2) RECOMMENDED ACTION: 1. Hold Public Hearing for the COPS Grant FY 2003/04. 2. Authorize departmental spending plan for both FY02/03 and FY03/04 grants. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternate direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah Police Department Chris Dewey, Police Captain Candace Horsley, City Manager and John Williams, Police Chief None APPROVED: Candace Horsley, Cit~_~nager PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 03/04, REALLOCATION OF FUNDS FOR FY 02/03 COPS, AND DISCUSSION OF FUND ALLOCATION April 7, 2004 Page 2 The use of the City of Ukiah's Police Firearms Range has been suspended since the summer of 2002 as a result of safety concerns at the facility. After suspending operations at our existing facility, staff utilized the Willits Police Department range on a temporary basis. During this period staff explored the costs of making necessary safety improvements to our facility, or establishing a long-term contact with another facility for our training. Staff additionally worked with experts at P.O.S.T. to examine our current training curriculum and alternatives, which would be both cost effective and improve the quality of training the officers received. Working with firearms range consultants, staff explored a number of options to improve safety at our existing facility. Staff visited other ranges in our area which have received safety upgrades, to evaluate proposed solutions for our facility. From this research, staff determined that a minimum of $150,000 would be needed for the basic safety upgrades to our facility. These upgrades, would only then meet minimum safety standards, and additional measures may be required in the future, if these minimum upgrades did not completely address all of the safety concerns at the facility. This solution, staff determined, would not be appropriate due to the unknown additional costs. Staff also researched the long-term use of another facility for our training needs. Both the Willits Police Department and the Lake County Sheriff's Office offered their ranges, as a one time, short-term solution to our training needs. These agencies declined to enter a long-term commitment for use of their facilities because of existing over-use at the facilities. The Ukiah Gun Club offered our department use at its facility, but the range did not meet our requirement to train during night hours. Santa Rosa Junior College has built a new criminal justice training center in Windsor, with an in-door shooting facility. To evaluate its use on a long-term basis, staff recently used this facility. The facility meets the needs of the department in all areas, and a contract for its use on a limited basis can be established using existing budgeted training and range equipment funds. This limited use, because of proximity and budgetary costs, will meet our basic qualification requirements for firearms and use of force, but will not meet the state standard for use of force training. To meet the industry standard, staff worked closely with P.O.S.T. use of force experts, to develop a three-part pyramid approach to our training needs. The bottom level of this training in the pyramid will be the live-fire qualification at the Santa Rosa Training Center. To further develop our officers' skills in dealing with potentially violent situations, including verbal skills and less-lethal options, the department evaluated two additional levels for our training pyramid. The second level of training intended for our staff is the use of computerized simulation training. This training has been recognized by experts as being highly effective in placing officers in stressful situations, which require the officer to make real time decisions regarding the appropriate use of force levels. These systems directly address and develop an officer's ability to use verbal commands, non-lethal options, and use of force options. Simulation systems also allow the officers to review their actions at the conclusion of the incident. They have proven to be highly effective in police academies and are now required training for both recruits and officers by P.O.S.T. Initial expense of computerized simulation training can be as much as $100,000 depending upon the options considered when purchasing a system. Yet, these systems can take the place of much of our real firearms activities, and have proven to be more effective in training officers to deal with real life situations. These advantages allow for more cost effective training than the safety improvements needed for our existing range facility. PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 03/04, REALLOCATION OF FUNDS FOR FY 02/03 COPS, AND DISCUSSION OF FUND ALLOCATION April 7, 2004 Page 3 At the top of the pyramid, most experts agree, is the use of interactive scenarios. The scenarios reflect real life events and situations and most, as in real life, do not require shooting a firearm to solve. In each scenario, officers are equipped with weapons identical to their own weapons that shoot paint-marking cartridges. Officers learn to work through dangerous situations using their tactics to successfully bring someone into custody with the appropriate level of force. P.O.S.T. has endorsed this training as being highly effective. Two of our officers recently received training and are certified by P.O.S.T. to provide our officers training in this area. This training can be conducted safely at our existing firearms facility. Currently, the Ukiah Police Department allows officers to use a wide-range of authorized firearms on-duty. These weapons are purchased by the individual officers and routinely inspected. In our discussions with P.O.S.T., staff learned that this practice, commonly accepted by agencies in the past, is changing as agencies shift training from only live-fire types of training to incorporating a pyramid structure of training including live-fire, computer simulation, and interactive paint-marking scenarios. Because of the numerous training platforms an officer is exposed to during a yearly training cycle, it is essential, P.O.S.T. experts believe, that officers use a single weapons platform for all applications. With the Department's current array of weapons and calibers, it would be cost prohibitive to have each weapons platform available to each officer in each training application. This change, according to P.O.S.T. firearms experts, is essential to establish consistency and a single standard within an agency. Recently, within our own county, Mendocino County Sheriff's Office, Mendocino District Attorney's Office, Willits Police Department, and Fort Bragg Police Department have all transitioned to a single approved firearm for departmental use. The initial cost to issue a single weapons platform, and the interactive paint marking equipment to our officers will be $50,000, but over time the City will realize a significant savings in the purchase of single type of ammunition. Spending Plan Summary: Staff recommends that the City Council approve a spending plan in two areas. 1. $150,000 be authorized to revise the department's use of force training program and the purchase of equipment to support the program. 2. $50,000 be authorized to remodel the old evidence room workspace for the department. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF UKIAH ADOPTING THE UKIAH MUNICIPAL AIRPORT BUILDING AND LAND USE DEVELOPMENT PLAN GUIDELINES WHEREAS, in 1996, the City Council adopted the Ukiah Municipal Airport Master Plan that contains specific descriptions of building area development requirements and land use and environmental standards; and WHEREAS, the Ukiah Airport Commission and the Ukiah Planning Commission have prepared the Building and Land Use Development Plan Guidelines for the Ukiah Municipal Airport to provide City staff, potential developers, and other interested persons with a more clear and concise description of the development standards and permit requirements for development at the airport; and WHEREAS, the City Council finds that the proposed Guidelines would provide a more usable interpretation of these standards and the permit requirements necessary for development at the Airport; and WHEREAS, the City Council finds that the proposed Guidelines are consistent with the Ukiah General Plan, the use and development standards of the PF (Public Facility) Zoning District, and the compatibility criteria of the Ukiah Municipal Airport Master Plan; and WHEREAS, pursuant to the California Environmental Quality Act, an Initial Study was prepared and circulated for public review, in which it was concluded that the adoption of the Guidelines would cause no potentially significant environmental impacts and that a Negative Declaration is, therefore, appropriate for the project; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts the Ukiah Municipal Airport Building and Land Use Development Plan Guidelines. PASSED AND ADOPTED on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. CiTY OF UKIAH NEGATIVE DECLARATION DATE: February 3, 2004 APPLICANTS: City of Ukiah PROJECT NAME: Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport LOCATION: Ukiah Municipal Airport, 1403 South State Street, City of Ukiah, County of Mendocino (Assessor Parcel Nos. 003-280-01; 003-310-03, 04, 05, 06, 07; and 003-330-62 & 66) ENVIRONMENTAL SETTING: The project site consists of the lands comprising the Ukiah Municipal Airport, which is located in the southern portion of the city. This smaller airport contains a single runway, taxiways, a terminal/office building, and other airport-related development, as shown on Attachment A (Ukiah Municipal Airport Layout Plan) of the attached Initial Study. The lands comprising this airport are relatively fiat, with no major geological or geographical features. PROJECT DESCRIPTION: In 1996, the Ukiah City Council adopted the Ukiah Municipal Airport Master Plan, which includes comprehensive descriptions of existing airport land uses and future development that can occur at the airport. Approximately two years ago, the Ukiah Airport Commission expressed concem that the land use criteria in the Master Plan were difficult to understand due to the comprehensive nature of the information and it's less than concise presentation in the Plan. The City Council concurred, and directed Planning Department staff to prepare guidelines that would provide potential developers and other persons with a clearer idea of where and how future development on airport property could occur. Based on these concerns, the proposed guidelines were written to concisely define the land use restrictions and standards outlined in Chapters 6 (Building Area Development) and Chapter 7 (Land Use and Environmental Issues) of the Airport Master Plan. In doing so, staff worked with the Commission and interested members of the public to define specific planning areas and listed which land uses are allowed or permitted in these areas. The guidelines also include recommended development standards, such as minimum building footprints, parking, and landscaping, as well as textual explanations and a flowchart that describes the discretionary, ministerial, and leasing processes required for the majority of potential development projects. in preparing these guidelines, staff did not add to or delete any of the allowed land uses or required compatibility criteria defined in Table 7A of the Airport Master Plan and there are no amendments to the development standards required in the PF (Public Facility) Zoning District designated for the airport property. ENVIRONMENTAL ANALYSIS: In preparing this analysis, Planning Department staff conducted a comprehensive review of the Initial Study of Environmental Impacts prepared for the Ukiah Municipal Airport Master Plan in 1996. This previous analysis concluded that the adoption and implementation of the master plan for the airport would cause no potential significant adverse environmental impacts and no mitigation measures were required. As a result of these conclusions, the Ukiah City Council adopted a Negative Declaration for the Airport Master Plan. Negative Declaration for Buildinf~ ~ Land Use Development Plan Guidelines for the Uklah Municipal Airport Z Planning staff found this analysis to be helpful, but the City Environmental Coordinator determined that a separate Initial Study was required for the proposed Building & Land Use Development Plan Guidelines. This determination is based, in part, on the fact that the guidelines would essentially serve as an amendment to the overall airport plan and would require that the environmental analysis be expanded to comply with CEQA requirements. In addition, the significance cdteda for environmental analyses done within City limits have changed in since the previous analysis was completed, and this study was also done to ensure that the potential environmental impacts of the proposed guidelines are analyzed using cUrrent criteria. The Initial Study for this project consists of a listing of the Significance Cdteria applied to the analysis, an Environmental Checklist to determine whether the criteda applied to specific environmental impacts, and staff's conclusions. Based on this analysis, staff concluded that the adoption and implementation of the Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport would cause no adverse environmental impacts and would require no measures to mitigate such impacts. This determination is based on the fact that the proposed project is an informational document that does not alter where and how allowed or permitted development projects may occur at the airport. Furthermore, the proposed guidelines in no way exempt future development projects from CEQA-mandated reviews, and should actually provide potential developers, City staff, and the hearing bodies responsible for approving discretionary projects and leases with a clearer outline of which development projects will require discretionary permit approval and/or environmental review. FINDINGS SUPPORTING A NEGATIVE DECLARATION: 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable; and . Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project will not have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This document may be reviewed at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Charles Stump, Planning DirectodEnvironmental Coordinator Date Negative Declaration for Building ~ Land Use Development Plan Guidelines for the Ukiah Municipal Airport INITIAL STUDY OF POTENTIAL ENVIRONMENTAL IMPACTS CITY OF UKIAH I. BACKGROUND INFORMATION 1. Name of Project: Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport 2. Name of Project Proponent: City of Ukiah 3. Address of Project Proponent: 300 Seminary Avenue, Ukiah, CA 95482 4. Project Location: Ukiah Municipal Airport, 1403 South State Street, City of Ukiah, County of Mendocino 5. Assessors Parcel Number(s): Assessor Parcel Nos. 003-280-01; 003-310-03, 04, 05, 06, 07; and 003-330-62 & 66 6. Date of Initial Study Preparation: February 3, 2004 7. Name of Lead Agency: City of Ukiah 8. Address and Phone Number of Lead Agency: 300 Seminary Avenue, Ukiah, CA 95482; (707) 463-6200 . Project Description: The project consists of the adoption and implementation of The Buildinq & Land Use Development Plan Guidelines for the Ukiah Municipal Airport. This document is intended to provide potential developers, City staff, and the commissions responsible for the approval of development projects at the airport with a clearer definition of the land use restrictions and standards outlined in Chapters 6 (Building Area Development) and Chapter 7 (Land Use and Environmental Issues) of the Ukiah Municipal Airport Master Plan. The guidelines do not contain any revisions to the Airport Master Plan or any amendments to the land use and zoning standards for the PF (Public Facility) Zoning Distdct that has been assigned to the airport grounds. 10. Plans, Exhibits, and other Submitted Application Materials: All the' plans, exhibits, technical reports, and other submitted application materials are available for review at the City of Ukiah Planning Department, which is located at 300 Seminary Ave., Ukiah. 11. Initial Study Prepared by: Ukiah Planning Department Staff lnidal Study for Building ~ Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 ENVIRONMENTAL REVIEW INITIAL STUDY CHECKLIST '" Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact , , I, AESTflETlCS - Would the project: a) Have a substantial adVerse effect on a designated scenic vista? v b) Substantially damage natural resources, including, / but not limited to trees, rock outcroppings, and -. historic buildings within a state scenic highway? c) COnflict with the architecture of the surrounding /' built environment? d) Create a new source of substantial light or glare with would adversely affect day or nighttime views in ,/ the area? v II, AGRICULTURAL, RESOURCES: Would the Project: in determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1977) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: , a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the // California Resources Agency, to non-agricultural use? b) Conflict.with existing zoning for agricultural use, or // a Williamson Act contract? V ....... II! AIR QUALITY Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Conflict with or obstruct implementation of the / a) applicable air quality plan? Initial Studr- for . Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 Potentially Significant Potentially Unless Less Than · , Significant Mitigation Significant No Impact Incorporated Impact Impact b) Violate any air quality standard or contribute substantially .to an existing or projected air quality violation? , c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including / releasing emissions which exceed qualitative / thresholds for ozone precursors)? v d) Ex. pose sensitive receptors to substantial // pollutant concentrations? e) Create objectionable odors affecting a sUbstantial / number of people? V IV. BIOLOGICAL RESOURCES Would the laroject-' a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or / regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish ,/ and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife ./ corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 2-5 ' Potentially Significant Potentially Unless Less Than ., Significant Mitigation SignifiCant No Impact IncOrporated Impact Impact 'f) Conflict with the provisions of an adopted habitat Conservation Plan, natural Community Conservation Plan, or the ~pproved local, regional, or state habitat / conservation plan? V V.. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in / Section 15064.57 b) Cause a substantial adverse change in the significa.nce of an archaeological resource pursuant / to Section 15064.57 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic / feature? V d) Disturb any human remains including those interred outside of formal cemeteries? Vi. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential / substantial adverse effects, including the risk of loss, injury, or death involving: i.) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Prioio Earthquake Fault Zoning map issued by the State Geologist for the area, or based on the other / substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii.) Strong seismic ground shaking? iii.) Seismic-related ground failure, including liquefaction? iv.) Landslides? v// b) ResUlt in substantial soil erosion or the loss of / topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potential result in on-site or off site / landslide, lateral spreading, subsidence, liquefaction, ,/ or collapse? ~Jdal Shad L: fo.,- Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 · 4 Potentially Significant Potentially Unless Less Than -~ Significant Mitigation Significant No Impact Incorporated Impact Impact d) Be located on expansive soil, as defined in Table / 18-1-B 'of the.Uniform Building Code (1994), creating substantial risks to life or prope .rty? e). Have soils incapable of adequately supporting the use of ,septic tanks or alternative wastewater / disposal systems. Where sewers are not available for the disposal of wastewater? - VII, HAZARDS AND HAZARDOUS MATERIALS - Would the. project: a) Create a significant hazard to the public or the · environment through the routine transport, use, or / disposal of hazardous materials? V b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of // hazardous materials into the environment? V c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or / waste within one-quarter mile of an existing or _/ proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result / would it create a significant hazard to the public or ,/ the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use / airport, would the project result in a safety hazard for V/ people residing or working in the project area. . f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people / residing or working in the projected area? V f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Initial Stud r for Buildin~ gr l-and Use Develovment Plan Gui¢~elines for the Uk~ah Municipal Airport February, 2004 5 2-7 Potentially Significant Potentially Unless Less Than · ... Significant Mitigation Significant No Impact , Incorporated Impact Impact_ h) Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or / where residences are intermixed with wildlands? V Viii. HYDROLOGY AND WATER QUALITY- Would the project: a) Violate any water quality standards or waste / discharge requirements? . b) ..Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table lever (e.g., the 'production rate of pre-existing nearby /" wells would drop to a level which would not support V existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-site or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially / increase the rate or amount of surface runoff in a manner that would result in flooding on-site or off- site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? . f) Otherwise substantially degrade water quality? g) Place housing within a lO0-year floodplain as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard // delineation map? Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 6 Potentially Significant Potentially Unless Less Than · -.- Significant Mitigation Significant No Impact Incorporated Impact Impact h) Place within a l O0-year flood hazard area structures which would impede or redirect flood / flows? V i) Expose people or structures 'to a significant risk of loss, injury or death inv.olving flooding, including flooding as a result of the failure of a, levee or a ./ dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING- Would the project: a) Physically divide an established community? V/ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to general plans, specific plans,' local coastal programs, or zoning ./ ordinances) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES- Would the project: a) Result in the loss of availability of a know mineral resource that would be of value to the region and the / residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land V/ use plan? Xl. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels .// existing without the project? Initial Stud ~, for j- Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 7 Potentially Significant Potentially Unless Less Than ;. Significant Mitigation Significant No Impact incorporated Impact Impact d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above _/ levels existing without the project? e). For a project located within an airp,ort land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, / would the project expose people residing or working ,/ the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working ./ in the project area to excessive noise levels? Xll. POPULATION AND HOUSING - Would the project? a) Induce substantial population growth in an area, either directly (for example, by proposing new homes / and businesses) or indirectly (for example~ through extension of roads or other infrastucture)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ./ housing elsewhere? c) Displace' substantial numbers of people, necessitating the construction of replacement ./ housing elsewhere? Xlll, PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental facilities, the need for new or physically altered governmental facilities, the construction of which could cause . / significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect / on the environment? ,,/ Irdtial Studl for [ I-ql~lcJ~ncr gr I .~nct l 1'~o l'/ovolor~ment Vlan ~JUlC elmes for me UKlah MUmclpai Airport February, >.004 8 2.-IO Potentially Significant Potentially Unless Less Than ;. Significant Mitigation Significant No Impact .Incorporated Impact !mpact XV. TRANSPORTATION/TRAFFIC - Would the. project: ..... a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial' increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard' established by the county / congestion management agency for designated,4t . roadS or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety dsks? V d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous / intersections) or incompatible uses (e.g., farm equipment)? / e) Result in inadequate emergency access? q/ f) Result in inadequate parking capacity? ,4/' g) Conflict with adopted policies, plans, or programs / supporting alternative transportation (e.g., bus 7 turnouts, bicycle racks)? XVI, UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) ReqUire or result in the construction of new waste or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Initial Stud y for R, dlci{ne ~ ] .~n,q i;.qo Development~'rian Guic.elines for the b"tdan .... IvImUCl~-}al'* . I Airk~uxt ' - February, 2004 2-11 Potentially Significant PotentiallyUnless Less Than · ,- SignificantMitigation Significant No Impact Incorporated Impact Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, ,/ or are new or expanded entitlements needed? e). Result in a determination by the wastewater treatment provider which serves or ma~ serve the project that it has adequate capacity to serve the / project's projected demand in addition to the provider's existing commitments? ,, f) Be served by a landfill with sufficient permitted capacity. to accommodate the project's solid waste ,/ disposal needs? with federal, state, and local statutes and g) Comply regulations related to solid waste? Initial Study for Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 2 '12. 10 DISCUSSION AND ANALYSIS OF POTENTIAL ENVIRONMENTAL IMPACTS The Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport were written to concisely define the land use restrictions and standards outlined in Chapters 6 (Building Area Development) and Chapter 7 (Land Use and Environmental Issues) of the Ukiah Municipal Airport Master Plan. In doing so, staff worked with the Ukiah Airport Commission and interested members of the public to define specific planning areas and listed which land uses are allowed or permitted in these areas. The guidelines also include recommended development standards, such as minimum building footprints, parking, and landscaping, as well as textual explanations and a flowchart that describe the processes required for discretionary permits, ministerial permits, and leasing requirements that would apply to the majodty of potential development projects. In preparing these guidelines, staff did not add to or delete any of the allowed land uses or required compatibility cdteda defined in the Airport Master Plan and there are' no amendments to the development standards required in the PF (Public Facility) Zoning Distdct designated for the airport property. ENVIRONMENTAL ANALYSIS: In analyzing the Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport, Planning Department staff first conducted a comprehensive review of the Initial Study that was prepared for the Ukiah Municipal Airport Master Plan in 1996. This study concluded that the adoption and implementation of the airport's master plan would cause no substantial adverse environmental impacts, so no mitigation measures or conditions of approval were required. The review of this previous environmental analysis was helpful, but the City Environmental Coordinator determined that a separate Initial Study should be prepared for the design guideline project since significance cdteda have changed in the six years that have passed since the previous study. In preparing this new analysis, staff first defined the significance criteda listed below. Significance Criteria: Potential adverse environmental impacts would be significant if the adoption and implementation of the proposed guidelines substantially altered the development patterns outlined in Chapters 6 and 7 of the master plan or caused a substantial increase in the number of potential development sites. Significant adverse impacts would also be caused if the Compatibility Criteda outlined in Table 7A of the Ukiah Municipal Airport Master Plan were deleted or substantially altered. In this case, no deletions or alterations are proposed, and the Guidelines clearly identify which compatibility zone applies to each of the proposed planning areas. The guidelines also affirm that none of the proposed development guidelines would supercede the approved compatibility criteria. Finally, staff determined that the proposed design guidelines could cause significant adverse environmental impacts if they amended the land use and development standards of the PF (Public Facility) Zoning District, which applies to the entire airport property. These guidelines do not amend or otherwise affect these standards. In fact, it is staff's opinion that the guidelines provide a substantially clearer outline of how the PF standards apply to individual development projects on airport property. Initial Study for Building ~ Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 2 Environmental Checklist: Planning staff also prepared the attached checklist, in accordance with local and state requirements for environmental review. This checklist includes the following categories. II. III. IV. V. VI. VII. VIII. IX. X. XI. Xll. Xlll. XIV. XV. AESTHETICS AGRICULTURAL RESOURCES AIR QUALITY BIOLOGICAL RESOURCES CULTURAL RESOURCES GEOLOGY AND SOILS HAZARDS AND HAZARDOUS MATERIALS HYDROLOGY AND WATER QUALITY LAND USE AND PLANNING MINERAL RESOURCES NOISE POPULATION AND HOUSING PUBLIC SERVICES TRANSPORTATION AND TRAFFIC UTILITIES AND SERVICE SYSTEMS Conclusions' After completing the checklist, Planning staff determined that n__0_o short-term, long- term, or cumulative significant adverse impacts would be caused by the adoption and implementation of the proposed Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport and no measures to mitigate such impacts would be required. This determination is based on the fact that the proposed document is intended to define and cladfy existing land use and building development cdteda contained in the Ukiah Municipal Airport Master Plan and the PF (Public Facility) zoning standards of the Ukiah Municipal Code, and would not result in new sources or patterns of development on airport property that could cause significant environmental impacts. 22. MANDATORY FINDINGS OF SIGNIFICANCE: A. Potential to Degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES NO X Bo Short Term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long- term impacts will endure well into the future). YES NO X Initial Study for Building ~z Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 23. C. Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant). YES NO X D. Substantially Adverse: Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? DETERMINATION: YES NO X On the basis of this Initial Study: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because the mitigation measures described within the Initial Study will be incorporated into the design of the project or required by the City of Ukiah. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant adverse impact on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. Signature Planninq Director/Environmental Coordinator Charles Stump Print Name , i ': Title Date · Initial Study for Buildint~ ~ Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 13 2-.15 RESOURCES USED TO PREPARE THIS INITIAL STUDY 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) City of Ukiah General Plan, 1995 Ukiah Municipal Code Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996 U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996 The Linkaqe Between Land Use, Transportation and Air Quality, State Air Resources Board, 1993 The Land Use - Air Quality Linkage: How Land Use and Transportation Affect Air Quality, State Air Resources Board, 1997. Transportation-Related Land Use Strategies to Minimize Mobile Source Emissions: An Indirect Source Research Proiect, State Air Resources Board, 1995. A Source of Air Quality Conditions Including Emissions Inventory, Ozone Formation, PM10 Generation, and Mitigation Measures for Mendocino County, CA, Sonoma Technologies, Inc., November, 1998 General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section, Michael W. Skenfield, October, 1991 Soil Survey of Mendocino County, Eastern Part, and Trinity County, Southwestern Part, California, U.S. Department of Agriculture - Soil Conservation Service, January, 1991. A History of the Salmonid Decline in the Russian River, Steiner Environmental Consulting, August, 1996 Discussions with the following City staff and Agency representatives: a. Paul Richey, Airport Manager Don Bua, former Airport Manager Tim Eriksen, City Civil Engineer Initial Study for Building 8z Land Use Development Plan Guidelines for the Ukiah Municipal Airport February, 2004 2-1(o UKIAH MUNICIPAL AIRPORT BUILDING AREA & LAND USE PLAN DEVELOPMENT GUIDELINES Submitted to the Ukiah City Council April 7, 2004 ATTACHMENT 3 AGENDA SUMMARY FOR UKIAH MUNICIPAL AIRPORT BUILDING & LAND USE DEVELOPMENT GUIDELINES April 7, 2004 Ukiah Municipal Airport Building Area and Land Use Development Plan Guidelines I. PURPOSE AND INTENT The purpose of this document is to further define Chapter 6 and 7 (Building Area Development, Land Use and Environmental Issues) of the Ukiah Municipal Airport Master Plan by the establishment of land use guidelines for designated areas on the Airport property and define allowed or permitted land use activities that are compatible within these areas. The intent of this document is to provide specific direction for the future development or redevelopment of land owned by the Airport in a manner that is consistent with the airport master plan. In addition, the document is intended to ensure that future land uses will compliment Airport functions and related commercial services, rather than negatively impact airport operations. I1. COMPATIBILITY CRITERIA All uses and development at the airport must be found to be compatible to airport operations and security, including the compatibility criteria of the Ukiah Municipal Airport Master Plan and the Mendocino County Airport Land Use Plan, which are attached to this document. Additionally, the Ukiah Regional Airport has been officially designated as an Enterprise Fund Department and all land uses and development projects must enhance airport revenues or provide services considered integral to airport operations. III. AVIATION-RELATED USES Aviation-related uses consist of City-operated and maintained uses considered essential to airport operations, including, but not limited to, hangars, fuel station, staff facilities; equipment storage areas and aircraft tie down aprons. Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 Other Aviation-related uses consist of privately operated businesses known as Fixed Base Operators (FBO) that require proximity to runways, taxiways, fueling stations and airport services. These include manufacturers of aircraft or aircraft parts and businesses that provide flight instruction or maintain, repair, rent, or charter aircraft. They also include FBO such as electronics or machine shops where all the aircraft-related goods and services make up only a percentage of the overall goods and services, and businesses that prefer to locate at the airport for the convenience of operation, such as manufacturers or distributors who use both air and ground transportation. IV. AIRPORT SUPPORT USES These are uses that are supportive of, but not essential to, the operation of the airport and are typically found in or near airport terminals. These uses include vehicle rental agencies, food services, travel ticketing offices, and other services that would be useful and beneficial to persons that work at or visit the airport. V. LAND USE AREA DESCRIPTIONS This document divides the airport property adjacent to the airport runway into five areas defined by existing land uses and their potential for particular development patterns. These planning areas, which are designated as the Eastside North, Eastside South, Westside North, Westside Central and Westside South planning areas, are shown on Attachment 1 of this document. A) Eastside North Area This area consists of the lands bounded by Hastings Avenue on the north, Airport Road on the east, the airport's Segmented Circle on the south, and the APL (Airline Parking Line) and Runway Protection Zone (RPZ) on the west. Within the Eastside North Area, three (3) sub-areas with the potential for distinctly different development patterns have been identified. Each is described below. Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 3-3 1. Eastside North Sub-Area 1 This area consists of approximately 2.8 acres of developable land that is now being leased by for use as a private lumberyard. This area, which extends northward from the City Corporation Yard, is designated for aviation related land uses and has been identified as having revenue enhancing potential because of its access to high traffic city streets and its proximity to retail commercial businesses. Development priority for this area should be given to aviation-related land uses that compliment the airport environment while providing the highest and best potential for revenue sources. Master Plan Compatibility Zone: B-1 (Approach/Departure Zone & Adjacent to Runway) Minimum Building Footprint: 6,400 square feet. The development of structures or other permanent fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited if it is determined that they could impede aircraft operations or the line of sight from the airport tower. Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Large size hangars · Aircraft avionics · Aircraft painting / bodywork · Aircraft sales /leasing · Aircraft service / repairs · Machine shop · Aircraft and aircraft parts manufacturing · Heliport and helicopter operations, including offices and other support facilities Permitted Uses: The following Uses require the securing of a Use Permit, pursuant to the provisions contained in Section 9262 (B) of the Ukiah Municipal Code. · Manufacturing · Warehouse and distribution · Electronic assembly / repair Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 3 · Technical services · Freighting · Professional offices · Food service Uses or structures that are incidental or accessory to permitted uses that are not aviation- related. 2. Eastside North Sub-Area 2 The second sub-area is the City of Ukiah's Corporation Yard, which contains City-operated offices, machine shops, vehicle repair facilities, maintenance yards, and storage. This area has been identified as an ideal location for the future airport operations yard. Master Plan Compatibility Zone: A (Runway Protection Zone or Within BRL) Minimum Building Footprint: There is no minimum size for a building footprint in this area. The development of structures or other permanent fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited if the Airport Manager determine they could impede aircraft operations and the line of sight from the airport tower. Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Corporation yard · Airport operations yard Permitted Uses: The following uses require the securing of a Use Permit, pursuant to the provisions of Section 9262 of the Ukiah Municipal Code: · Storage facilities · Public transportation facilities · Uses or structures that are incidental or accessory to permitted uses that are not aviation- related Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 3-5 3. Eastside North Sub-Area 3: This sub-area is located between the Corporation Yard and the Segmented Circle, with Airport Road on the east and the APL on the east. Master Plan Compatibility Zone: A (Runway Protection Zone or Within BRL) Minimum Building Footprint: There is no minimum size for a building footprint in this area. The development of structures or other permanent fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited if it is determined that they could impede aircraft operations or the line of sight from the airport tower. Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Large size hangars · Aircraft avionics · Aircraft painting / bodywork · Aircraft sales /leasing · Aircraft service / repairs · Aircraft and aircraft parts manufacturing · Heliport and helicopter operations, including offices and other support facilities · Machine shop Permitted Uses: The following Uses require the securing of a Use Permit, pursuant to the provisions contained in Section 9262 (B) of the Ukiah Municipal Code. · Manufacturing · Warehouse and distribution · Electronic assembly and repair · Technical services · Freighting · Professional offices · Food services · Uses or structures incidental or accessory to permitted uses that are not aviation-related. Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 5 B) Eastside South Planninq Area This area is located be between Airport Road on the east, the BRL on the west, the Segmented Circle on the north, and on the south by the airport boundary line. There are two sub-areas in the Eastside South area and both are designated for aviation related land uses. 1. Sub-Area 1: This sub-area is a long, narrow strip of land located on the northern portion of the Eastside South Area. Master Plan Compatibility Zone: B2 (Extended Approach/Departure Zone) Minimum Building Footprint: There is no minimum size for a building footprint in this area. The development of structures or other permanent fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited if it is determined that they could impede aircraft operations and the line of sight from the airport tower. Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Aircraft parking and tie-downs · Automobile parking · Primitive parking/picnic area Permitted Uses: No permitted land uses apply in this sub-area. 2. Eastside South Sub-Area 2: The southerly sub-area consists of approximately 17 acres of land adjacent to the southeastern end of the runway. This area has been identified as an ideal location for a new California Department of Forestry (C.D.F.) Fire Attack Base or for other large aviation-related operations. Master Plan Compatibility Zone: B2 (Extended Approach/Departure Zone) Minimum Building Footprint: The minimum size for a building footprint in this sub-area is 6,400 square feet. The development of structures or other permanent fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited if it is determined that they could impede aircraft operations and the line of sight from the airport tower. Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 6 Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Large size hangars · Aircraft avionics · Aircraft painting / bodywork · Aircraft sales / leasing · Aircraft service / repairs · Machine shop · AC manufacturing · Fire attack base · Helicopter and helicopter operations Permitted Uses: The following uses require the securing of a Use Permit, pursuant to the provisions of Section 9262 of the Ukiah Municipal Code. · Manufacturing · Warehouse and distribution · Electronic assembly/repair · Technical services · Freighting · Professional offices · Food service · Medium size hangars C) Westside North Planninq Area This area is bordered by Hastings Avenue on the north, the Airport Building Restriction Line (BRL) on the east, State Street on the west, and the toe of a small embankment on the south. Existing development in the Westside North area includes both medium size and large hangars, with the majority of the large hangars occupied by Fixed Base Operators (FBO). This area is constrained by Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 several slopes and an irregular shape that will require creative site planning and design throughout. This is particularly pertinent in the northernmost area, which may only be able to accommodate medium size buildings due to a wedge-like shape that becomes narrower near the Hastings Avenue frontage. For the most effective utilization of the northern tip, a shared or communal parking lot is the best solution. Master Plan Compatibility Zone: B2 (Extended Approach/Departure Zone) Minimum Building Footprint: Due to the varied size and shape of the developable lands in this sub- area, the minimum size for a building footprint shall be determined during the site development process. Building footprints for new structures shall be compatible with the building footprints of existing structures and consistent with the parking and landscaping standards of these guidelines. Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Large and medium size hangars · Aircraft avionics · Aircraft painting / bodywork · Aircraft sales / leasing · Aircraft service / repair · Machine shop · Aircraft manufacturing Permitted Uses: The following Uses require the securing of a Use Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Manufacturing · Warehouse and distribution · Electronic assembly/repair · Technical services · Freighting · Medium size hangars Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 8 D) Westside Central Planninq Area This area is located south of the Westside North area, on land between State Street and the west side of the Building P,estriction Line (BP, L). This area contains the main airport entrance, which intersects with access roads that run to the north and south. It also contains the terminal buildings and other structures, a public viewing area, and several large parking lots. Over the last forty years, the Westside Central Area has been developed with a variety of structures with an incongruous layout. This area has been identified as the prime candidate for an improved terminal facility and grounds that will improve the area's site design and serve airport clientele more efficiently. Master Plan Compatibility Zone: B2 (Extended Approach/Departure Zone) Minimum Building Footprint: The minimum size for a building footprint in this sub-area is 6,400 square feet. Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Airport administrative offices, air control towers, and structures directly related to airport support functions · Terminal buildings that include, but are not limited to, restaurants and other food servers, professional offices, conference rooms, flight instruction classrooms, convenience stores, public transport facilities, and other commercial facilities routinely found in terminals. · Outdoor seating areas Permitted Uses: The following uses require the securing of a Use Permit, pursuant to the provisions of Section 9262 of the Ukiah Municipal Code, unless they are located within a terminal building: · Professional offices · Automobile rental offices and parking areas · Courier services · Public transportation facilities, such as taxi stands, bus stops, and inter-modal transport center · Commercial retail or food services (deli/bakery/restaurant) Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 9 E) Westside South Planninq Area This sub-area is located between State Street on the west, the BRL line for the west side of the runway on the east, and the southern property line for the airport on the south. A commercial nursery and a gravel access road that extends onto the airport property occupy the southwest corner of this sub-area, with an electric gate controlling ingress and egress onto the airport grounds. A large building with 8 hangar spaces is being constructed south of the access roadway, but concentrated groupings of small and medium size hangars make up the majority of development in the area. This area also contains fixed base operators that provide services to the aviation community, as well as older hangars and buildings that have been identified for redevelopment or replacement with small and medium size hangars and the development of public restroom facilities. The vacant field north of the hangar area and south of the public parking lot is designated for small hangar development at maximum allowable density. Public or fleet parking facilities may also be located in a portion of this area, based on the final design of the terminal building proposed for the Westside Central development area. Allowed Uses: The following uses require the securing of a Site Development Permit, pursuant to the provisions of Section 9261 (B) of the Ukiah Municipal Code. · Aircraft tie-down apron · Small and medium size hangars · Hangar ports and sunshades · Aircraft avionics · Aircraft painting, repair, and maintenance · Aircraft rentals · Flight schools · Crop dusting service · Airplane / helicopter / hot air balloon charters and tours · Airplane / helicopter rental services Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 10 Permitted Uses: The following Uses require the securing of a Use Permit, pursuant to the provisions of Section 9262 of the Ukiah Municipal Code. · Automobile parking · Pasture, field crops, vineyard VI. HEIGHT LIMITS All structures and landscaping constructed or otherwise installed in any portion of the Ukiah Municipal Airport property shall be consistent with the height restrictions defined by FAR Part 77 for airspace protection purposes. The determination of maximum height for specific structures or landscaping shall be prepared by a civil engineer and approved by the Director of Public Works/City Engineer prior to any construction or installation of vegetation. VII. REQUIRED PARKING The number of required parking spaces at the airport shall depend on the individually proposed uses and shall be determined by the parking provisions contained in Article 17 of the Ukiah Municipal Code. In addition to these provisions, new parking spaces on the airport grounds should generally be developed in the following manner: · Parking spaces should be located on the groundsides of buildings or in other areas where vehicle operation and parking would not adversely affect aircraft movements or other aviation-related operations. · Parking spaces for higher density land uses (such as retail or professional office development) or concentrations of smaller structures (such as individual hangars) should be in communal parking lots whenever possible. Parking space credit may be considered for those businesses that use communal lots or have employees which bike, walk, use public transit or carpool to work. · Communal parking lots containing 12 or more spaces should be developed with the landscaping and defined pedestrian sidewalks or walkways outlined in the Landscaping section below. Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 l ! 3-12- VIII. a, b. d. ADDITIONAL REQUIREMENTS A Site Development Permit is required for all allowed land uses involving new construction in the Airport PF Zoning District. This discretionary permit shall be processed in accordance with the provisions of Article 20 of the Ukiah Municipal Code: A Use Permit is required for all permitted land uses in the Airport PF Zoning District. All development projects requiring a discretionary permit shall include a landscaping plan that is commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing. All proposed landscaping shall comply with the following standards: 1. Landscaping is not required on the airside of buildings, as defined in the glossary below. However, amenity landscaping, such as pots, planters, benches, fountains may be installed on the airside of the building if the Airport Manager determines that it would not adversely affect aircraft movements or other aviation-related operations.. 2. Landscaping is required on the groundsides of buildings. 3. Landscaping shall be proportional to the building elevations and limited to those plant species that are consistent with the height requirements listed above. 4. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in a reasonably short amount of time. 5. Deciduous trees shall constitute the majority of trees. They shall be of medium, umbrella shaped canopy and be of species commonly used in commercial parking lots. Trees with easy leaf clean up and little limb breakage. 6. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty (50%) percent Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 12 . . . over all paved areas within ten (10) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. Parking lots shall have planting areas with both trees and shrubs. Based upon the design of the parking lot, and the use that it is servicing, relief from this requirement may be approved through the discretionary review process. Landscaping plans shall include an automatic irrigation system and lighting plan. All required landscaping shall be adequately maintained in a viable condition, including any tree trimming required to comply with the height requirements of the airport depending upon the size, scale, intensity, and location of the development project. IX. DETERMINATION OF APPROPRIATE USE Whenever a use is not listed in this Article as a use permitted as a right or a use subject to a use permit at the airport, the Planning Director and Airport Manager shall determine whether the use is appropriate for the airport either as an allowed or permitted use. In making this determination, the Planning Director and Airport Manager shall find as follows: a. That the use would not be incompatible with other existing or allowed uses at the airport. b. That the use would not be detrimental to the continuing development of the area in which the use would be located. c. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted at the airport shall be final unless an applicant, or any interested party, submits a written appeal stating the reasons for the appeal, and any applicable appeal fee, to the City Clerk within ten (10) days of the date the decision was made. The City Council shall then conduct a duly noted public hearing on the appeal in accordance to the procedures set forth in Article Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 13 20 (Administration and Procedures) of the Ukiah Municipal Code. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director's actions are final for the City. (Ordinance 1006, Section 1, adopted 1998) Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 14 GLOSSARY OF AIRPORT LAND-USE TERMS The following aviation-oriented words or terms are regularly used throughout the Ukiah Municipal Airport Building Area and Land Use Development Plan Guidelines. Additional definitions related to airport use may also be found in the glossary included as Appendix I of the Ukiah Municipal Airport Master Plan. Airside - that portion of the building that opens directly to a taxiway or taxi apron, as well as the sides of the same building extending twenty (20) feet back from airside opening. Hanger- there are three (3) categories of size: 1. Small - up to 2,000 square feet 2. Medium - 2,001 to 6,399 square feet 3. Large - 6,400 square feet and up Fixed Base Operator (FBO) - a business operating at an airport that provides aircraft services to the general public, including but not limited to sale of fuel and oil; aircraft sales, rental, maintenance, and repair; parking and tiedown or storage of aircraft; flight training; air taxi/charter operations; and specialty services, such as instrument and avionics maintenance, painting, over-haul, aerial application, aerial photography, aerial hoists, or pipeline patrol. In addition, FBO usually operates out of the larger hangars. Within the hangar there is normally an office, employee lounge, customer area and restroom. FBO often have employees and customers, which require a parking area. FBO buildings generally require landscaping. Groundside - the portion of a building that does not open directly to a taxiway or taxi apron and is 20 feet, or more, from the airside of the building. Primitive Camping/Picnic Area - an area devoted to open camping by pilots or other persons attending an airport-related event. Draft Building & Land Use Development Plan Guidelines for the Ukiah Municipal Airport - 2004 15 .,.$*17 I- Z itl 0 o '~ ~ °~ °~ o ~ o~~o ~--- ~ ._~ il Above Moderate Income: Household income which exceeds 120 percent of the median income for Mendocino County. This represents an annual income of more than $55,301. Additionally, according to page 17, the median rent paid by household in Ukiah was $650 and Table 17 represents the gross rent paid as a percentage of household income, according the 2000 U. S. Census. Households paying more than 30 percent of their income for rent are considered to be overpaying, indicating that for these individuals rental housing is not affordable. The rise in rental costs is, in part, a reflection of the limited supply of rental units in the community in relation to the strong demand. Commissioner Puser recommended increasing the housing strategy to include providing for a housing bond or other type of funding mechanism, as well as designating the types of development desired in specific areas by ranking properties according to proximity to public transportation, public facilities, and general services. She further recommended assessing land for redevelopment potential relative to existing sub-standard housing units, even though the State does not recognize this as complying with the Regional Housing Needs Determination Plan requirement. Mr. Stump stated preparation of a survey representing land that could be redeveloped would be very time-consuming. He recommended, as an alternative, adding goals and policies for specific programs and referencing them in the Housing Element. The document can be revised as the information changes and other housing/development issues arise. He recommended establishing an ongoing list of properties that could potentially be redeveloped by consistently adding or eliminating references to the properties. Commissioner Wallen addressed the issue of possibly looking at agricultural land for development to meet the housing needs for the various types of income levels. In other words, the intent is to allow land to be developed according to its best possible use and potential. The north and south development expansions greatly infringed upon agricultural land, noting, in his opinion, many of these developments were not well planned in terms of access to public transportation and general services. It would be acceptable to look at agricultural land if it makes sense. Commissioner Jennings stated in order to meet growth demands, agricultural lands must be carefully considered. Mr. Stump stated Staff has direction concerning the Housing Element document from the comments and recommendations made above, noting the discussions can continue at the regular Planning Commission meeting on March 10, 2004. PUBLIC HEARING CLOSED: 8:23 p.m. 8B. Draft Building Area and Land Use Plan Guidelines for the Ukiah Municipal Airport: Review and discussion of the Draft Buildin.q Area and Land Use Plan GUidelines, which were written to concisely define 'the land use restrictions and standards outlined in Chapter 6 (BUildin.q Area Development) and Chapter 7 (Land Use & Environmental Issues) of the Ukiah Municipal Airport Master Plan. Associate Planner Lohse reported the purpose of tonight's meeting is to hear public testimony, discuss, and take possible action concerning the draft Building Area and Land MINUTES OF THE PLANNING COMMISSION Page 14 February 25, 2004 Use Development Plan Guidelines for the Ukiah Municipal Airport. A Negative Declaration was prepared for the Planning Commission's review and subsequent action. The draft Guidelines are informational only and do not alter the existing land use requirements of the Airport 'Master Plan or the means for reviewing and approving development projects. The document does, however, provide for a more readable blueprint for potential development projects on designated areas of the Airport, making the implementation of the Master Plan's policies and compatibility cdteria more effective. Mr. Lohse commended Judy Pruden for her dedicated efforts and diligent work put into assisting with preparing the draft Guidelines. The Guidelines include information concerning the Purpose and Intent, Compatibility Criteria, Aviation-Related Uses, Airport Support Uses, Master Plan Compatibility, Minimum Building Footprint, Allowed and Permitted Uses for the various Land Use Area Descriptions: Eastside North Area and Sub-Area 1, 2, & 3, Eastside South and Sub Area 1 & 2, Westside North, Westside Central, and Westside South. The Guidelines also address development standards such as Height Limits, Required Parking, and provide information regarding Additional Requirements. The Determination of Appropriate Use section outlines the criteria authorizing the Planning Director and Airport Manager to determine whether a specific use is appropriate for the Airport either as an allowed or permitted use. There is a Glossary of Airport Land-Use Terms, a map demonstrating the designated planning areas for land use and development, and a map demonstrating the Airport layout plan. A flowchart is provided that describes the processes required for discretionary permits, ministerial permits, and leasing requirements that would apply to the majority of potential development projects. The guidelines do not add or delete any of the allowed land uses or required compatibility criteria in the Airport Master Plan, and there are no amendments to the development standards as required in the PF (Public Facility) Zoning District that governs development at the Airport. An Initial Study was prepared for Ukiah Municipal Airport Master Plan in 1996, concluding that the adoption and implementation of the Master Plan would cause no potential significant adverse environmental impacts and no mitigation measures were required. The Ukiah City Council adopted a Negative Declaration for the Plan. A separate Initial Study was required for the Guidelines using significant criteria that have changed since the previous environmental document was completed. Staff concluded no potential significant adverse environmental impacts could be created as a result of the document, and, therefore, no measures were required to mitigate such impacts. The draft Guidelines do not exempt future project from CEQA-mandated reviews. Mr. Lohse reported the Ukiah City Council adopted the Ukiah Municipal Airport Master Plan in 1996 as the framework for the implementation of individual development projects at the Airport. It contains information about the existing Airport infrastructure, airport-related functions/operations, potential improvement as development occurs, land uses, and a comprehensive analysis of compatibility zone issues affecting Airport operations. The draft Building Area and Land Use Development Plan Guidelines for the Ukiah Municipal Airport was prompted by concern from public members and the Airport Commission that the Airport Master Plan makes implementation of its policies more difficult than originally intended. The required comprehensive and extensive level concerning review of hangar and other development projects relevant to use, location, and how such buildings should be designed to comply with the design and compatibility cdteria initiated questions regarding the development process at the Airport. The Airport Commission, in its discussions concerning the feasibility of the development process, desired clarification as to how a more effective means of processing applications for the ministerial and discretionary permits required to MINUTES OF THE PLANNING COMMISSION Page 15 February 25, 2004 develop new project could be attained. Additionally, the Commission desired to provide for a better description of the building standards that would be applied during the permit process. The Commission and interested persons met with staff to assess different means to more effectively express the intent and development criteria of the Master Plan and agreed that a set of clearly written guidelines would be the most effective way to alleviate the problem. Mr. Lohse reported the Guidelines were written to provide a more concise definition of land use restrictions and development standards relative to the various designated land use area descriptions, including consideration for environmental issues. PUBLIC HEARING OPENED: 8:31 p.m. Commissioner Wallen inquired regarding the history of the Airport, especially dudng Wodd War II. Interim Airport Manager Richey replied the City owned the Airport prior to World War II. A federal grant generated funding for the development to near its existing size at the time of Pearl Harbor. A general discussion followed regarding the use of the Airport during World War II. There was discussion concerning the physical aspects, past commuter air service and whether future plans have been discussed concerning the potential for such a service to return. Commissioner Puser supported the concept of the Guidelines, noting the research and work must have been very tedious. Mr. Richey thanked Judy Pruden for her work on the draft document, noting she was instrumental for initiating the concept of a "Flowchart." Mr. Lohse stated, if funding allows, the current Airport Master Plan will be reviewed to determine whether or not some of the compatibility zoning for properties asSigned outside of the Airport property are too restrictive, because some of the properties were assigned as such were based on how CDF flies out. CDF no longer flies that way, noting this to be a good example of flight patterns that were projected and planned for, but no longer apply. There are interpretive issues concerning the compatibility criteria, citing a particular hotel project was unable to develop a third story. The Airport Master Plan is not clear as to why a third story could not be constructed on a project located that far from the Airport, noting the hotel was way below the height restrictions that were intended. The Guidelines represent a "first step" toward being able to better address/define for development at the Airport. Additionally, the document allows the Airport Commission to act in an advisory capacity and to work with the Planning Commission on potential development projects at the Airport. Commissioner Wallen commented on an interesting development concept where an airport in Dayton, Nevada allows houses to be built on the airport and aircraft can taxi right up a house. Mr. Richey stated such developments are called "Air Parks." An Air Park operation would not likely be conducive to the Ukiah Airport because of FAA restrictions, noting the Airport is a municipal airport and other relevant factors would have to be considered. MINUTES OF THE PLANNING COMMISSION Page 16 February 25; 2004 PUBLIC HEARING CLOSED: 8:54 p.m. ON A MOTION by Commissioner W allen, seconded by Commissioner Puser, it was carried by an all AYE voice vote of the Commissioners to recommend to the Ukiah City Council adoption of the Negative Declaration for the Building and Land Use Development Plan Guidelines for the Ukiah Municipal Airport with findings 1-4, as outlined in the staff report and as discussed above. ON A MOTION by Commissioner Puser, seconded by Commissioner Jennings, it was carried by an all AYE voice vote of the Commissioners present to recommend to the Ukiah City Council adoption of the Building and Land Use Development Plan Guidelines for the Ukiah Municipal Airport, as outlined in the staff report, and as discussed above. 9. ONGOING EDUCATION 9A. The Creative Community: Forgin.q the Links Between Art, Culture, and Commerce & Community. John M. Eger, The California Institute for Smart Communities - San Diego State University, 2003 The aforementioned publication is for Planning Commission's information. 10. PLANNING DIRECTOR'S REPORT 10a. Recent City Council actions There was no discussion regarding this agenda item. 10B. Status Reports regarding onaoin.~ proiects Mr. Lohse advised the Planning Commission agenda for March 10, 2004 will contain more items than usual, as there are planning projects to review, as well as other planning matters to discuss. 11. PLANNING COMMISSION REPORTS Commissioner Puser inquired regarding the process for planning-related items discussed and acted upon by the Planning Commission that are also to be reviewed by the City County as to the process how Council is advised of Planning Commissions discussions, recommendations, and actions. It was noted the City Council receives a copy of the Planning Commission minutes and staff prepares a staff report for the planning item to be reviewed by Council. Mr. Lohse advised that the same dark sky presentation given for the Council will be shown at the March 10 Planning Commission meeting. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:11p.m. James Mulheren, Chairman Cathy Elawadly, Recording Secretary MINUTES OF THE PLANNING COMMISSION Page 17 February 25, 2004 City of Ukiah Planning Department MEMORANDUM to the PLANNING COMMISSION DATE: February 25, 2004 FROM: Dave Lohse, Associate Planner SUBJECT: DRAFT BUILDING AREA & LAND USE DEVELOPMENT PLAN GUIDELINES FOR UKIAH MUNICIPAL AIRPORT Background: In July of 1996, the Ukiah City Council adopted the Ukiah Municipal Airport Master Plan to serve as the framework for the implementation of individual development projects on the airport grounds. This comprehensive plan, which was prepared by Schutt Moen Associates, provides extensive information about the existing airport infrastructure and aeronautical functions, as well as discussions about proposed airfield improvements. It also contains detailed information about other land uses at the airport and a comprehensive analysis of compatibility issues affecting airport operations. Unfortunately, the all-encompassing nature of this plan and the sheer size of the document require a comprehensive and extensive level of review to fully understand its intent, making the effective implementation of its policies more difficult than intended. These same factors have also caused members of the public and the Airport Commission to express frustration when considering where hangars and other development projects should be situated, and how such buildings should be designed to comply with the design and compatibility criteria outlined in the plan. In order to address these concerns, the Airport Commission requested in late 2001 that staff from the airport and other relevant City agencies meet with the Commission to identify which projects would be feasible at the airport. The Commission also desired clarification on the most effective means of processing applications for the ministerial and discretionary permits required to develop such projects, and a better description of the standards that would be applied during the permit process. Over the next year, the Airport Commission met with staff and interested persons to assess different means to more effectively express the intent and development criteria of the master plan, eventually agreeing that a set of clearly written guidelines would be the most effective way to alleviate the problem. The Commission also stressed that the document should be written in a format that the general public would find easy to understand. Project Description: The Buildinq Area & Land Use Development Guidelines for the Ukiah Municipal Airport were specifically written to provide a more concise definition of the land use restrictions and development standards outlined in Chapters 6 (Building Area Development) and Chapter 7 (Land Use and Environmental Issues) of the Ukiah Municipal Airport Master Plan. In order to do this, the guidelines divide the developable portions of the airport grounds into specific planning areas and list which land uses are allowed or permitted in these areas. The guidelines also include more concisely defined development standards, such as minimum building footprints, parking, and landscaping, as well as textual explanations and a flowchart that describe the processes required for discretionary permits, ministerial permits, and leasing requirements that would apply to the majority of potential development projects. These guidelines do not add to or delete any of the allowed land uses or required compatibility criteria defined in the Airport Master Plan, and there are no amendments to the development standards now required in the PF (Public Facility) Zoning District that applies to the airport property. Planning staff also analyzed the potential for this project to cause adverse environmental impacts, beginning with a comprehensive review of the Initial Study of Environmental Impacts that was prepared for the Ukiah Municipal Airport Master Plan in 1996. This study concluded that the adoption and implementation of the master plan for the airport would cause no potential significant adverse environmental impacts and no mitigation measures were required. As a result of these conclusions, the Ukiah City Council adopted a Negative Declaration for the Airport Master Plan. While this analysis was helpful, the City Environmental Coordinator determined that a separate Iniiial Study was required for the proposed Building Area & Land Use Development Guidelines. This determination is based, in part, on the fact that the guidelines would be a minor addendum to the approved airport master plan and that the environmental analysis must be expanded to comply with CEQA requirements. In addition, the Initial Study done for the Guidelines uses significance criteria that have changed since the previous environmental analysis was completed. Specifically, this Initial Study includes a listing of the significance criteria applied to the analysis, an Environmental Checklist to determine whether the criteria applied to specific environmental impacts, and staff's conclusions. Based on this analysis, staff concluded that the adoption and implementation of the Building Area & Land Use Development Guidelines for the Ukiah Municipal Airport would cause no adverse environmental impacts and would, therefore, require no measures to mitigate such impacts. This determination is based on the fact that the proposed project is an informational document that does not alter where and how allowed or permitted development projects may occur at the airport. Furthermore, the proposed guidelines in no way exempt future development projects from CEQA- mandated reviews, and should actually provide potential developers, City staff, and the hearing bodies responsible for approving discretionary projects and leases with a clearer outline of which development projects will require discretionary permit approval and/or environmental review. CONCLUSIONS: The proposed Guidelines are informational only and do not alter the existing land use requirements of the airport's Master Plan or the means for reviewing and approving development projects. They will, in fact, provide the Airport Commission, City staff, and the general public with a more readable and more easily understood blueprint for potential development projects on designated areas of the airport, making the implementation of the Master Plan's policies and compatibility criteria even more effective. RECOMMENDED PLANNING COMMISSION ACTION: 1) Recommend that the City Council adopt the Negative Declaration prepared for the project and the Ukiah Municipal Airport Buildinq Area and Land Use Development Guidelines. ALTERNATIVE PLANNING COMMISSION ACTION: 1) Review the Ukiah Municipal Airport Buildinq Area and Land Use Development Guidelines and the Negative Declaration prepared for the project and provide staff with directions concerning any revisions required by the Commission. ATTACHMENTS: 1) Draft Ukiah Municipal Airport Building Area and Land Use Development Plan Guidelines 2) Negative Declaration/Initial Study prepared for project AGENDA SUMMARY REPORT ITEM NO. t0a DATE: April 7, 2004 SUBJECT: REVIEW OF REHABILITATION EFFORTS AND NEW LATERAL WORK AT THE RANNEY COLLECTOR AND PRESENTATION OF THE WATER SUPPLY DEVELOPMENT FEASIBILITY ASSESSMENT PREPARED BY REYNOLDS, INC. In response to concerns expressed by some members of the Ukiah City Council regarding the results of the rehabilitation efforts and the new lateral work at the City's Ranney Collector, staff is presenting a review of the results of the work performed as well as a water supply development assessment (assessment) prepared by Reynolds, Inc (formerly Layne Christensen Co.) as authorized by the City Council on November 20, 2002. The assessment was completed during the summer of 2003 and evidently transmitted to the City Utility Department on September 3, 2003. A representative from Layne Christensen will be in attendance at the meeting to present their information and answer any questions. Because the capacity of the Ranney Collector had been decreasing over time since its original installation in 1966, the Public Utility Department hired the Layne Christensen Company (LCC) to perform an inspection of the well and its laterals to determine the cause of the decline in capacity. Although the Ranney Collector is mechanically designed to produce approximately 13 MGD with pumping capacities of approximately 7 MGD, the water level in the well was dropping below the pump suction limit while pumping more than 4 MGD during the summer months. (continued on page 2) RECOMMENDED ACTION: Receive Report Regarding Rehabilitation Efforts And New Lateral Work At The Ranney Collector And Water Supply Development Feasibility Assessment ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Interim Public Utility Director Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager 1. Ranney Well Inspection Report 2. Ranney Well Maintenance Results and Potential To Increase Yield 3. Proposal To Increase Yield Capabilities for Ranney Well No. 1 4. Water Production Table 5. Water Supply Development Feasibility Assessment Report 6. Russian River Underflow Water Supply Investigation Proposal APPROVED: Candace City nagerHorsley, Review of Rehabilitation Efforts and New Lateral Work at the Ranney Collector and the Presentation of the Water Supply Development Feasibility Assessment Prepared by Reynolds, Inc. April 7, 2004 Page 2 of 4 The Ranney well and laterals were inspected on June 11, 2001 and as indicated in LCC Ranney Well Inspection Report dated August 1, 2001, the laterals generally appeared to be in poor condition with bacterial growth bridging the lateral slots. Many of the laterals indicated evidence of mineralization on the interior lateral surfaces and in the slots. The inspection report went on to state that the reason for much of the loss in specific capacity was the inefficient communication between the well laterals and the aquifer. As estimated in the inspection report, the safe water yield during summer conditions when the water level in the Russian River was Iow was 2.78 MGD assuming a minimum safe pumping level for the well to be three feet above the centerline of the "B" lateral tier. A recommendation was made that rehabilitation measures be taken to increase the communication between the laterals and the aquifer. The rehabilitation work would involve the disruption of the mineralization of the aquifer materials just outside the lateral slots and the removal of sand materials that had accumulated around the lateral exterior. It was stated in the report that although the consultant could not predict or estimate the results from the maintenance work, it was surmised that if the rehabilitative measures doubled the current specific capacities, the estimated safe yield of the well might be increased to between 5.5 MGD to 8.0 MGD. On Septer0ber 5, 2001, the Agreement for Services between LLC and the City for the rehabilitation of the Ranney was authorized and the work was conducted in February and March 2002. The Ranney Division of LCC conducted the post maintenance inspection and testing on April 12, 2002 with the results indicated in the Ranney Well Maintenance Results and Potential to Increase Yield Report dated October 28, 2002. It was estimated that the post maintenance yield of the well was between 3.5 MGD to 5.4 MGD under summer conditions with the water level in the Russian River at 576 feet above mean sea level (amsl) and the water temperature at 65 degrees Fahrenheit and between 3 to 4.65 MGD under winter Iow conditions with the water level in the River at 576 feet amsl and the groundwater temperature at 55 degrees Fahrenheit. These estimated yields were computed with interference from Well No. 5 which was operating at approximately 0.3 MGD. At no cost to the City, LCC conducted further testing in August 2002 to determine if a potential increase in yield could be achieved with the installation of new laterals. The river bottom was profiled, river velocity was measured, shallow well points in the river were installed, seepage tests were conducted at each of the well points and drawdown in the aquifer under the river was measured. The river bottom profile revealed that the maximum river depth was only 2.3 feet and that the river bottom permeability was highly variable. From the field test results, it was concluded, "...that a significant portion of the loss in capacity of the Ranney Collector was due to changes in the Russian River water level, flow rate, width, distance from the Ranney and river bottom permeability. The changes have resulted in decreased saturated aquifer thickness, decreased aquifer transmissivity and decreased recharge of the aquifer. Without restoration of the river, it will not be possible to restore the Ranney Collector to its initial high capacity. However, it is believed that it is possible to increase the Ranney yield by 300 to 600 gallons per minute (gpm) (0.43 to 0.86 MGD) under summer Iow conditions by installing several new laterals each Review of Rehabilitation Efforts and New Lateral Work at the Ranney Collector and the Presentation of the Water Supply Development Feasibility Assessment Prepared by Reynolds, Inc. April 7, 2004 Page 3 of 4 solution. For the long term however, it is strongly recommended that the City consider alternatives for improving recharge to the Ranney or the siting of additional water supply to supplement the existing system and provide for long term water demand.' On October 30, 2002, the City received a proposal from LCC in the amount of $644,900 for performing capacity enhancements to the Ranney and for performing the first phase of a Water Supply Alternatives Assessment. The enhancements would consist of new laterals projecting from the second lateral tier at locations where substantial gaps occurred between the existing laterals. The proposal stated that the calculated safe yield of the Ranney during the summer conditions was approximately 4.0 MGD and that it had been calculated that the installation of additional laterals might increase the sustainable yield as mush as 1 MGD. Note that these estimates differ from the estimated safe yield (2.78 MGD) and range of probable increase in the capacity as previously stated in the Inspection Report. On November 20, 2002, an Agreement between LCC and the City for performing the additional lateral work and the water supply alternative assessment was authorized. Work on the additional laterals was completed in the month of June 2003 and the Water Supply Development Feasibility Assessment was transmitted to the Public Utilities Department on September 3, 2003. Attachment #4 to this report is a water production table prepared by the Water Treatment Plant Operator for the summer months of June, July, and August from 1999 to 2003. The first four columns of the table, not including the column with dates, indicate flows into and out of the Water Treatment Plant (WTP) and the second to the last column represents water production to the distribution system which includes the WTP and the City wells. The first column of flow figures represent the highest recorded flow from the plant on the indicated day of the indicated month. The column to the right of it is the average daily flow from the WTP for the indicated month. The column titled HI PLANT INF MG contains values of the highest recorded daily quantity of raw water into the WTP from the Ranney while the column entitled HI PLANT EFF MG has values which indicate the highest recorded daily quantity of raw water placed into the system from the WTP. The difference in values between these two columns represent the amount of water used to back flush the filters. The values in the column titled HIGH PROD MG indicate the amount of water supplied to the distribution system from all water supply sources. The lower flow rates that occurred in the summer months of 2001 were the first indication that the capacity of the Ranney had dropped considerably. In comparing the highest flow values presented in the column titled HI GPM/date for the summer months of 2001 and 2003, there is an increase of 990 gpm or 1.426 MGD. As noted earlier, the completion of the lateral work was completed the month of June 2003, and therefore this difference represents the gain achieved from the rehabilitation work and the added laterals. As reported to the Interim Utility Director by the WTP Operator, the output from the Ranney Collector in 2003 did not cause the pumping of air as happened in the summer of 2001 prior to the rehabilitation work. Based on this comparison, the rehabilitation work and the added laterals did in fact raise the output of the Ranney within the ranges stipulated in the Ranney Well Maintenance Results and Potential to Increase Yield Report dated October 28, 2002. Review of Rehabilitation Efforts and New Lateral Work at the Ranney Collector and the Presentation of the Water Supply Development Feasibility Assessment Prepared by Reynolds, Inc. April 7, 2004 Page 4 of 4 It has been reported that the additional output from the Ranney has impacted the output of Well No. 5. A representative from Reynolds, Inc. (formally LCC), will be inspecting the condition of this well to determine if there are other circumstances that are causing the substantial decrease in the output of the well. It is staff's objective to present the findings of this inspection to the City Council at its meeting of April 7. Attached to this Agenda Summary Report (attachment #5) is the Water Supply Development Feasibility Assessment Report prepared by Reynolds, Inc. The report explores various options for increasing the water sources available to the City within the Russian River area and makes recommendations for further investigation. The Report recommends against certain options and recommends avoiding certain areas along the river. The Report also recommends that either an additional Ranney Collector or nine vertical wells at potential sites along the Russian River between Orrs Creek and Talmage Road be considered for providing additional water capacity. Staff has received a proposal from Reynolds for performing exploratory work along the river that is needed to identify those locations where the depth water bearing aquifer is adequate for the location of a new Ranney well or vertical well system. Staff has no recommendation concerning the Assessment or proposal at this time. Staff is investigating other options available to the City for increasing the water supply capacity such as the installation of ground wells. Layne Christensen Company Ranney Division 801 West Cherry Street · Sunbury, Ohio 43074 · Phone: (740)965-2833 · Fax: (740)965-2844 August 01, 2001 Mr. Allen Jameson- Superintendent of Water City of Ukiah Water Department 300 Seminary Avenue Ukiah, California 95482 REGARDING: UkJah, California - Ranney Well Inspection Results Dear Mr. Jameson: INTRODUCTION At this time we have completed our inspection as proposed of your Ranney water system. Your system consists of nine (9) laterals of which eight (8) are still in service for a total of 737 lineal feet of working lateral. These laterals consist of two (2) tiers ("A" and "B') with elevations of 559.0 feet above mean sea level (AMSL) and 562.0 feet AMSL, respectively. Currently, the City's Ranney well is mechanically des~ned to produce approximately 13.0 MGD (with pumping capabilities of approximately 7.0 MGD), but the well drops bel,."w the pump suction while pumping more than 4.0 MGD (30% of design). INSPECTION SUMMARY AND CALCULATED VALUES Based on the June 11, 2001 video inspection, in general the laterals appear to be in poor condition. The laterals appear to be open to their full original lengths, although the lateral slots seem ta be relatively bridged with some bacterial growth. Many of the laterals indicated evidence of mineralization on the interior lateral surfaces and in the slots but do not show evidence of significant deterioration of the metal thickness or structural integrity. The reason for much of this loss of specific capacity is inefficient communication between the wells laterals and the aquifer. Illustrated in Figure I is the current pumping and static water level conditions in your well as well as flow calculations fi'om individual laterals. In June the static water elevation was 578.05+/- feet (AMSL) with the flow in the Russian river calculated at 17¢) cubic feet per second. This level varies throughout the year, based on flow restrictions regulated by the spillway located upstream of the wellfiekl. Currently the well is being pumped at a rate of approximately 4.0 million gallons per day (MGD) until the pumps nearly break suction, which lowers the water level in the well to an alarmingly low elevation. During the pumping test conducted on June 11, 2001 the pumping water level dropped to 564.76 and was not stabiliTed. The minimum pumping level for proper submergence recommended by the pump manufacturer is 562.71 feet AMSL. Since the pumping level was not stabilized, a time versus drawdown plot was extrapolated out to 24 hours and the estimated pumping level is 559.30 feet AMSL. This pumping level is far below the recommended minimum submergence for safe operations of line-shaft turbine pumps and may prove detrimental to your pumping equipment. Additionally, lowering the pumping level to this elevation may be a contributing factor to oxidation and or deterioration of the lateral performance. The American Water Works Association (AWWA) does not recommend allowing a potable water supply well to pump at a level that may promote growth of potentially harmful Aerobic bacteria in an aquifer or well. We have assumed a minimum safe pumping level for this well to be three (3) feet above the centerline of the "B" tier of laterals at 565.0 feet AMSL. The specific capacity (gallons per minute per foot of drawdown) of this well after construction in 1966 was 392.5 GPM/ft with a safe yield of 13.0 million gallons per day (MGD). Under current water level conditions with the laterals in need of rehabilitation, the specific capacity is 148.1 GPM/ft (37.7% of original, or 62.3% loss of specific capacity) and we estimate safe yield during summer conditions to be 1932.7 GPM (2.78 MGD). RECCOMMENDATIONS At this point in time we recommend conducting rehabilitation measures to increase the communication between the laterals and the aquifer. All of the well rehabilitations conducted in the pabst year have had their specific capacities increased to within 20% of original. Rehabilitation should disrupt the mineralization of the aquifer materials just outside the lateral slots and aid in the removal of sand particles that have accumulated around the lateral exterior over the course of operation. Although we are not able to predict or estimate results with your well, if our rehabilitative measures double the current specific capacities (t~s would still only be approximately 75.4% of original) the well could gain additional available drawdown for future operations and the pumps would perform at a point on their curve that would require less energy/horsepower. Based on these esti~nations the safe yield of the well may be increased to between 5.5 MGD and 8.1) MGD. Pagc 2 {)t'3 CONCLUSIONS The City of Ukiah, California currently is in need of approximately 4.0 MGD in the summer months from its Ranney water supply system. In the wells current condition it can only safely meet 69.5% of that demand on a continuous basis. The primary reason this system cannot safely meet this demand is due to inefficient communication between the wells laterals and the aquifer. CLOSING Please let us know if the City would like to proceed with the rehabilitation and testing. Please call Matt Reed or me at 740-965-2833 (office) or 614-519-9555 (mobile) if you have any questions or need additional information. Thank you for the opportunity to present this report and proposal. We look forward to working with the City again. Respectfully Submitted, Ranney - a division cf Layne Christensen Company D. Scott ~ct Manager/Hydrogeologist Enclosures CC: Michael C. Ilavener - General Manager Matthew T. Reed - Project Manager Page 3 of 3 Layne Christensen Company Ranney Division 563 E. Leffel Lane · Springfield, Ohio 45505 · (937) 324-1994 · Fax: (937) 324-3112 · Toll Free: (877) 4RANNEY October 28, 2002 Mr. George Borecky Ukiah Water Department 300 Seminary Avenue Ukiah, California 95482 REGARDING: Ranney® Well Maintenance Results & Potential to Increase Yield Dear Mr. Borecky: The Ranney® Division of Layne Christensen was recently contracted by the City of Ukiah to test and redevelop its Ranney® Well. The City had experienced a significant decline in well capacity, due in part to well screen plugging and migration of fines, but primarily to substantial decline in river flow and stage. The Ranney® maintenance work was performed in order to make the well as efficient as possible and thereby achieve the maximum yield possible under the low river / low recharge conditions. Subsequently, further testing was conducted to assess potential to increase well yield through installation of additional laterals. Test and maintenance procedures and results are summarized in this letter report along with recommendations to increase well yield. Background - Rannev® Well Design: The City of Ukiah Ranney® Well was installed in 1966 adjacent the west bank of the Russian River. It is comprised of a circular concrete caisson with an inside diameter of 13 feet and extends to a depth of 41 feet below grade. Nine horizontal lateral well screens were installed in two tiers that radiate into the aquifer from near the bottom of the caisson. The laterals are 10.75-inch diameter keystone slotted steel and range from 70 to 124 feet long. The initial total lateral length was about 807 lineal feet, including 697 feet of slotted pipe and 110 feet of blank pipe. Subsequently Lateral A1 was abandoned leaving a total of 737 lineal feet with 634 feet of slotted screen and 103 feet of blank pipe. (See Figure 1 -.- Plan and Cross-Section). lnspection~ Performance Test & Maintenance - Procedures & Results: Pre and post-maintenance inspection and testing was conducted June I1, 2001 and April 1(1- 12, 2002 by a Ranney® Division hydrogeologist and field technician assisted by an experienced dive team. Underwater color videos were obtained of thc full accessible length of each lateral, both before and during maintenance. Performance testing included lateral flow and temperature analysis and short duration pumping tests. A 'l'eledyne-(;urlcy tlow meier and a YSI remote thermometer were held by thc diver before each lateral and monitored at thc surface by tile hydrogeologist. In-gitu Troll transducers were installed in tile l~annex''~'' to obtain continuous water level measurements. ,4NN Y Mr. George Borecky Ci_ty of Ukiah, California Page. 2 of 4 October 28, 2002 Lateral cleaning and redevelopment was conducted in February and March 2002 using a high pressure rotating water jet equipped with sand line and flushing wye. Ranney® personnel inserted the jet into the laterals while the caisson was fully dewatered, allowing the hydrostatic pressure of the aquifer to assist in the redevelopment process. An open-end sandline was also used to remove sand and gravel from the lateral interiors. As shown in Table 1, the full length of all eight laterals were successfully cleaned and redeveloped. Results of the lateral flow and temperature analyses are presented in Table 2. As shown, prior to maintenance seven of the eight remaining laterals were producing at 7.6 to 18.6% of the total flow. After maintenance, all eight laterals were producing at 3.1 to 21.5% of the total flow. Lateral inflow temperature averaged 56.2°F in June 2001 and 55.3°F in April 2002. The Ranney® Well pumping test results are summarized in Table 3 and are discussed below. Additional data regarding operation of City Vertical Well No. 5 is included in Table 3A. Hydrographs of the Ranney® Well water levels during the pre and post-maintenance pumping tests are presented in Figures 2 and 3, respectively. Semi-log time-drawdown plots are presented in Figures 2A and 3A. As shown, during the June 2001 pre-maintenance test, with river level at 578.05 feet above mean sea level (amsl), after pumping the Ranney® at 2900 gpm for only 2.2 hours, the water level dropped to less than 3 feet above the upper (B-Tier) laterals. As the drawdown did not stabilize, specific capacity was adjusted to an estimated 148 gpm/fi (see August 1, 2001 letter report). In contrast, during the April 2002 post-maintenance test, with river level at 581.49 feet amsl, the Ranney® Well was pumped at 3750 gpm for a period of 27.5 hours with a pumping level at about 6.5 feet above the B-Tier laterals. Utilizing drawdown below river level, specific capacity is estimated at 288 gp~n/ft for the pumping period. Although the pumping level did not stabilize, by extrapolating the drawdown trend it appeared that this rate might be safely sustained for about 7 to 14 days, however, City personnel reported that the maximum allowable pumping level was reached within only a few days. Folloxv-up measurements obtained on August 15, 2002 found a low river level at 576.89 feet msl, pumping rate of 2850 gpm and pumping level at 3.2 feet above the B-Tier. Apparent specific capacity is estimated 244 gpm/ft, although the pumping duration and whether or not thc pumping level was stable arc not known. Thc test results indicate that the maintenance work increased thc Ranncy® Well specific capacity by 65% to over 80%, depending on thc river stat~¢. Rannev® XX'ell Yield & Recharge Conditions - Ilistoric and (~urrent: Testing conducted in 1969 determined that at river stages of 582 and 586 fccl msl, thc Ranney® yield (assuming a pumping level at 4 feet above the laterals) was respectively 9.7 and 13.1 MGD under a ground water discharge temperature of 60"1~. Al this lime the Russian Mr. George Borecky _Ci_ty of Ukiah, California Page 3 of 4 October 28, 200?, -- River was within 10 feet of the caisson and was over 120 feet wide, such that all but Laterals A4, B4 and A5 extended almost entirely under the river. Aquifer thickness was 28 to 32 feet. In contrast, during the June 2001 and August 2002 tests, the Russian River stage was approximately 4 to 5 feet below the 1969 average low stage and 8 to 9 feet below the 1969 average high stage. In addition, in August 2002, the bank of the Russian River was approximately 70 to 100 feet from the Ranne,,® cai ........ L ..... screens actually extended under the fiver a ,?~,,., ~ucn mat omy aoout 70 feet of lateral , and the river was only about 55 feet wide It should also be noted that the 2001-2002 static ground water levels measured in the Ranney® were 2.9 to 3.7 feet below fiver level. This was probably due at least in part to operation of gC;otYun~Ve~lvlatNer° i~e~sh~ah I l_y about 200 feet from the Ranney®. However, the depressed ., Sa,s° Y be due to reduced bank storage and reduced aquifer recharge, resulting from changes in the fiver hydraulics and location/configuration. The changes in river stage, flow, width, and location reduced aquifer thickness to 20-24 feet, for a 30% reduction in aquifer transmissivity, and caused a non-quantified but clearly substantial reduction in aquifer recharge. Consequences for the City of Ukiah Ranney® Well yield have been significant. The 2001 pre-maintenance yield was determined to be approximately 1933 gpm (2.78 MGD) under summer conditions (see August 2001 letter report), representing a substantial decline in capacity since the well was new. As shown in Tables 6 and 6A, the 2002 post-maintenance Ranney® Well yield is estimated at 3.5 to 5.4 MGD under summer low conditions (Russian River 576 feet amsl; groundwater temperature 65°F) and 3 to 4.65 MGD under winter low conditions (Russian River 576 feet amsl; groundwater temperature 55°F). These yields were computed with interference from Vertical Well No. 5, which was operating at approximately 0.3 MGD. Even without this interference, the post-maintenance yields would still b~ approximately less than half that produced in 1969. Evaluation of l)ewater_E~_g & Potential to Increase Well Yield- 'Fo assist in determining potential increase in 5'/eld that may be ach/ex, ed by installation of new laterals, further testing was conducted in August 2002 at no cost to the City. The river bottom was profiled and river velocity was measured. Shallow well poinls were installed, three (B, C and D) below the river befi at distances of 4, 24 and 44 feet from the river s cd~c and one (A) in an adj ' accnt drainage ditch· Seepage Icsts wcrc conducted at each of the well points and drawdown in thc aquifer under thc river was measured. As shown in 'l'abic 4, thc river bottom proliic revealed thal thc maxJmunl river dcplh was only 2.3 t~cl. As shown in Table 5, seepage tests indicated that lhc river J)ollon~ int~llralion rate xvas ! ~ S l 9 and * 9 gpd/fi2 at xk'cll points 1~. C and l), respectively. IntSllralion rate per of head loss under thc river is computed 1o range l~om 0.6 Io I().'U gpd:'/i~/ti. 'l'hcsc rcsulls indicate lhat river bottom permeability is highly var/al, lc Mr. George Borecky Ci_ty of Uki.a.h, California Page 4 of 4 October 28, 2002 It is interesting to note that while the Ranney® was pumping at a rate of 2850 gpm, drawdown in the aquifer below the river was greatest in the well points that were further from the Ranney® (Table 5). This suggests that ground water levels may be impacted by operation of other wells in the area or by pumping from a nearby gravel quarry. Conclusions: It is believed that a significant portion of the loss in capacity of the City of Ukiah Ranney ® Well is due to changes in the Russian River water level, flow rate, width, distance from the Ranney® and river bottom permeability. These changes have resulted in decreased saturated aquifer thickness, decreased aquifer transmissivity and decreased recharge to the aquifer. In addition, the loss of a strategically placed lateral, which was previously grouted and abandoned, has also contributed to the Ranney® Well decline. Without restoration of the river, it will not be possible to restore the City of Ukiah Ranney® Well to its initial high capacity. However, we believe it possible to increase the Ranney® yield by 300 to 600 gpm (0.43-0.86 MGD) under summer low conditions by installing several new laterals, each approximately 125 to 150 feet long. This modest increase in yield may offer sufficient relief to the City under the difficult seasonal low conditions to be considered a cost effective near term solution. For the long term however, we strongly recommended that the City consider alternatives for improving recharge to the existing Ranney® Well or siting of additional water supply to supplement the existing system and provide for long-term water demand. Respectfully Submitted, Ranney® Division Layne Christensen Company Kathryn Epp, CPG Sr. ttydrogeologis! Attachments: Tables I, 2, 3, 4, 5, 6 and 6A Figures 1,2, 2A. 3 and 3A K ! !,/'pc I)ix'ision ,~TTA~"I, MENT October 30, 2002 Mr. Darryl Barnes Director of Public Utilities City of Ukiah, California 300 Seminary Avenue Ukiah, California 95482-5400 RE: Increasing yield capabilities for Ranney® Well #1. Dear Mr. Barnes: We have carefully reviewed data collected as part of inspection and rehabilitative measures in June 2001 and April 2002 as well as during reconnaissance efforts in August 2002. These efforts were conducted with regards to recoup and increase the sustainable yield from your Ranney Well. A brief summary of that review and recommendations are as follows: Ranney® Well Capacity Enhancement Currently your well is rated by the State of Califomia for a potable water supply for approximately 13 million gallons per day (MGD). Based on changes in river flow conditions over the past several years your well is no longer able to supply a sustained yield as permitted. Currently the safe yield of your well during the summer conditions is approximately 4.0 MGD. We have calculated that the installation of additional strategically distributed laterals in your well may increase the sustainable yield from your well as much as 1,000,000 GPD. New laterals will be projected primarily from the "B" lateral tier at locations where substantial gaps occur between the existing laterals. Average lateral length is anticipated to be approximately 120 feet in an effort to achieve additional yield. Laterals will be installed in new stainless steel ports cored and grouted into the existing caisson wall. Once installed, each lateral will be fit with an AWWA approved gate valve and valve stem riser, then fully developed to ensure connection with the aquifer. Following development, the laterals will be disinfected to their entire length to AWWA standards. We believe that if given the notice to proceed prior to November 25th, we can initiate mobilization activities in December, with construction activities between January and February 2003. This will allow the well to be returned to normal use prior to your summer peak water demands. During mobilization, we will develop drawings illustrating port and lateral configuration and materials. These drawings will be submitted to the City for review and approval. Following installation and development, the newly modified Rannev® Collector will be tested to assess and quantify increase in yield resulting from the additional l~(terals. This testing will include a measurement of total discharge from the Ranney® Well, the distribution of the flow between the existing and new laterals as measured by a diver, and the drawdown from static METHOD levels as measured during the test. As-built documentation and testing results will be submitted to the City for review and approval. Water Supply Alternatives Evaluation In addition to the installation of new laterals in the Ranney® Well, the Ranney® Division proposes to undertake an assessment of the alternatives available to the City of Ukiah for expanding your water supply. This assessment will be comprehensive in its evaluation of alternatives for improving the supply at the City's existing Ranney® Well, at existing or new vertical wells, and/or through the siting and design of a second Ranney® Well for the City. The first step in water supply assessment will be to undertake an altematives evaluation of the various means and methods that may potentially provide additional long-term source supply for the City. These alternatives will be reviewed with respect to any "fatal flaw" associated with their local or regulatory acceptance, technological feasibility and reliability, schedule for implementation, and cost. Alternatives to be reviewed will include potential modifications to the Russian River to improve the yield of the existing Ranney® Well, review and assessment of local ground water pumping, and development of new water withdrawals from surface water intakes, vertical wells, or a second Ranney® Well. Alternatives will be ranked and discussed with City. Findings of the evaluation will be documented in report form to the City, which will serve to focus the next phase of water supply expansion efforts. Proposed Costs We propose to conduct the Ranney® Well capacity enhancements as well as the first phase of Water Supply Alternatives Assessment for a lump sum price of $644,900. In the event the City would like to proceed, an exact schedule can be negotiated at that time. These costs do not include any sales or use taxes, which will be billed to City if necessary. Our costs assume that we can use the City's power and that the City will provide an on-site forklift, discharge piping from the Ranney Well to the basin at the Water Treatment Plant and removal of sediments from the basin. Additionally, Ranney will make available to the City a pump capable of 800 GPM at 85 feet of total dynamic head, along with necessary appurtenances to connect that pump to the discharge manifold in the Ranney® Well pump house. We are available to meet with you at your convenience to discuss this proposal. Please fill free to contact Matt Reed or myself at 877-472-6639 if you have questions regarding this or any other matter. Cordially, Ranney® Division Scott Riegert Assistant Division Manager Cc' Mr. George Borecky - City of Ukiah - Water and Sewer Operations Superintendent Mr. Matthew T. Reed - Ranney® - Division Manager .qt-FACHiV~ENT,,, HI PLANT HI PLANT HiGH 1999 Hi GPM / date Average GPM INF MG EFF MG PROD. MG June 3372 / 28 3262 6.994 28-Jun July 3368 / 17 3201 August 3411 / 8 3034 2000 June 3539 / 22 3207 July 3990 / 20 3030 7.667 9-Jul August 3524 / 20 2996 2001 June 2994 / 18 2792 4.186 3.854 6.436 22-Jun July 2892 / 21 2819 3.800 3.435 August 2882 / 24 2707 3.683 3.588 2002 June 3310/1 3120 4.810 4.607 July 3036/1 2826 4.369' 4.320 7.481 / 6.049 avg* August 2934/12 4.035 4.066 6.466 13-Aug 2003 June 3984/10 3371 5.727 5.556 July 3555/18 3259 5.045 4.403 6.989 29-Jul August 3840/31 3231 3.986 3.987 * 28.6 hours 6.278 3411 high 13262 avg 3990 high / 3207 avg 2994 high / 2819 avg 3310 high/3120 avg 3984 high / 3371 avg Reynolds Inc., RANNEY Division September 3, 2003 Mr. George Borecky Ukiah Utilities City of Ukiah 300 Seminary Avenue Ukiah, California 95482-5400 RE: Water Supply Development Report Dear George: Enclosed please find three copies of the above referenced report. Each copy consists of three volumes: Volume 1 containing the report findings and recommendations; Volume 2 containing information on hazardous materials throughout the study area; and Volume 3 containing well drillers reports used to reach our conclusions. Please note that the well drillers reports are not for public use or distribution pursuant California Water Code Section 13752. The report text and conclusions incorporate a number of comments received from City staff on our draft report. The report also incorporates a number of clarifications as a result of our conversations with Ann Burck. We appreciate the time and assistance provided by Ann, Darryl Barnes, and you in your review of the draft. We hope this document meets your needs. Please call Scott or I at 614-339-0099 if you have any questions or need any additional information. Cordially, Ranney Method Water Supplies Reynolds, Inc. Matthew T. Reed Project Manager Enclosures 6063 Frantz Rd., Suite 206, Dublin, Ohio 43017 Ph: 614-339-0099 Fax: 614-339-0098 Water Supply Development Feasibility Assessment For: City of Ukiah Public Utilities Department 300 Seminary Avenue Ukiah, California 95482 By: Ranney Division Reynolds, Inc. 6063 Frantz Road Suite 206 Dublin, Ohio 43017 July, 2003 Purpose and Scope This report documents the results of an assessment of the feasibility of increasing the municipal water supply of the City of Ukiah, California to a firm capacity of 13 million gallons per day (mgd) by the end of 2004. The assessment has been conducted by the Ranney® Division of Reynolds, Inc. as part of ongoing work being undertaken for the City. The purpose of the assessment was to identify any "fatal flaws" in the various water supply options in preparation for developing more definitive technical information necessary to undertake preliminary and final design. These water supply options included surface water withdrawal from the Russian River, extraction of shallow ground water using Ranney® Collectors, infiltration galleries, or a series of vertical wells, and making in-stream improvements to increase the yield of the existing water supply facilities. This assessment considered information from various topographic and geologic maps, obtainable well log records, general information regarding the Russian River, and other readily available sources. The assessment also included a search of various databases describing potential contaminant concerns in the Ukiah area that might impede water supply development. The assessment is limited to geologic / hydrologic considerations associated with the construction and operation of the various water supply options and the permitting necessary to undertake construction. No evaluation of the potential benefits of system- wide conservation efforts or the development of a reclaimed water system to lessen demand from irrigation is included. Additionally, the legal efibrts to modify the City's existing water right in order to implement the water supply options was not within the scope of this eftbrt, nor thc estimation of cost tbr any property or easement acquisition. It City of Ukiah Water Supply Development Assessment July, 2003 should be noted that the time and cost to complete changes in the water right and to obtain property or easements may exceed the construction time and costs for the options described in this report. City of Ukiah Water Supply Information The City of Ukiah's application for water appropriation, number 15704, is for the diversion of 20 cubic feet per second (approximately 13 mgd) of Russian River underflow. The description of the diversion works notes that the diversion will be made by pumping from wells. Subsequent amendments to the permit (California State Water Rights Board Permit 12952) have included legal descriptions of each point of diversion. The City currently extracts water for public drinking water supply from four vertical wells and a Ranney® Collector. The location of these wells is shown in Figure 1. Well //4 is located some distance from the Russian River, and as a result, is not recorded as underflow from the Russian River. Combined, the wells provide water necessary to meet the average daily demand of approximately 3.7 mgd, but are not able to meet multiple days of the summer peak demand of 7.1 mgd. The City needs additional capacity to meet the short term summer peak demand, with an additional 6 mgd in proven capacity needed to fully exercise the 13 mgd water right as described in the previous paragraph. Physical Setting The City of Ukiah is located within the Ukiah (Yokayo) Valley, which is one of a series of alluvial valleys along the Russian River. Locally, the Ukiah Valley has an approximate elevation of 600 feet above mean sea level (amsl). The valley is bounded on the east and west by mountain ridges that exceed 2000 feet amsl in elevation. The assessment was conducted on the area in the immediate vicinity of the City of Ukiah, within the Ukiah Valley (see Figure 1). The assessment area extended from the Forks area and Lake Mendocino to south of Tahnage Road. l)agc 2 City of Ukiah Water Supply Development Assessment July, 2003 Geologic Setting As noted above, the Ukiah Valley is bounded on the east and west by mountain ridges that trend southeast to northwest. These ridges trend along and are associated with the San Andreas Fault zone and are part of the Franciscan formation. This formation is a m~lange of muddy sandstone and cherts interbedded with basalt lava. Within the Ukiah Valley, the bedrock is covered with younger alluvium associated with erosion of the surrounding ridges and consists of clay, sand, and gravel derived locally and deposited by the Russian River and associated tributaries. Alluvium thickness in the Ukiah area can exceed 200 feet. Hydrologic Setting The Russian River provides the most significant source of drainage for the Ukiah area. The flows in the river are derived primarily from precipitation and controlled releases from Lake Mendocino by Sonoma County Water Agency (with releases to maintain minimum flow determined by the National Marine Fisheries Service). As a result, stream flow volume and river stage respond directly to the seasonal rainfall patterns. During the dry summer months, stream flow is derived almost entirely from ground water discharge to the river and releases from Lake Mendocino storage. River stage during these same months is dramatically lower than during the winter months. In the past, peak flow events associated with large episodes of precipitation and flood control releases from Coyote Dam have eroded the river bed. This erosion has reduced the saturated thickness of the aquifer and led to declines in City of Ukiah well yields. Aquifer Characteristics Water well logs obtained from thc Calitbrnia Department of Water Resources were used to evaluate the nature and extent of aquifer materials in the assessment area. Well logs used in this assessment at attached under separate cover. Pagc 3 City of Ukiah Water Supply Development Assessment July, 2003 A saturated sand and gravel isopach map is included as Figure 2. This map shows the thickness of saturated sand and gravel encountered in well logs to depths of 150 feet. It is assumed that ground water supplies can be developed in this interval that can be documented as Russian River underflow. The map shows that the greatest saturated thickness typically lies within the central portion of the Ukiah Valley with some areas exceeding 100 feet. Ground water within the sand and gravel appears to locally flow towards the Russian River, while moving regionally down the valley, from north to south. The hydraulic conductivity of the sand and gravel in the vicinity of the well field has been calculated to be 9100 gpd/fi2. Ambient ground water flow within the valley is typically from north to south. Away from pumping centers, ground water discharges to the Russian River throughout the valley. Areas with the greatest potential for developing a large water supply from Russian River underflow are most likely where the greatest saturated aquifer thickness is found directly under or adjacent to the Russian River. These areas include the vicinity of the Masonite facility, north of the existing City of Ukiah well field, and along the Russian River between Gobbi Street and Talmage Road. Other areas with high potential for development of underflow are along the Russian River between Orrs Creek and Gobbi Street, and in the area where the East Fork joins the Russian River. Significant Water Withdrawals A considerable number of water withdrawals are currently permitted from the Russian River in the Ukiah area. The vast majority of these are associated with agricultural uses, both irrigation and frost protection. These withdrawals are generally prohibited or limited between December and March, months when anadromous fish spawning, incubation, and emergence occurs. Unrestricted withdrawals permitted for these tbur Page 4 City of Ukiah Water Supply Development Assessment July, 2003 months are typically, like the City of Ukiah's, for withdrawals of Russian River underflow. Four permitted withdrawals directly from the Russian River in March are for frost protection. In addition to the City of Ukiah, the Millview County Water District and Rogina Water Company provide municipal water supplies within the assessment area. The Millview County Water District has wells located in the Forks area, on the east side of the Russian River. The Rogina Water Company has wells located approximately one mile north of Talmage Road, on the east side of the Russian River (see Figure 1). Maximum well yields within the valley range from 500 to 800 gallons per minute. More typical yields are on the order of 200 to 400 gallons per minute. Water Quality Local water quality in the Russian River and ground water found in the unconsolidated sand and gravel is typically good. Raw water quality typically meets or exceeds all Federal and State of California standard for drinking water. After extraction from the alluvium, the City treats the water using chemical clarification by coagulation and flocculation, sedimentation, and filtration. The water is then chlorinated before delivery into the drinking water system. In order to identify areas of potential ground water contamination, a search of various federal and state databases was undertaken. The results of the search are attached under separate cover. The search indicated a number of locations within the Ukiah Valley where potentially hazardous substances are in use or have been used in the recent past. Several areas within the valley were also identified where ground water quality has been a concern. The most prevalent of these is Coast Wood Preserving Inc., located adjacent to the City of Ukiah Wastewater Treatment Plant (see Figure 3), which is on the National Priority List (Superfund). Groundwater rcmediation has been ongoing for a number of years at thc facility and has proven to bc successful at minimizing the migration of Page 5 Z/ City of Ukiah Water Supply Development Assessment July, 2003 contaminated groundwater away from the site. Additionally, contaminated surface areas at Coast Wood Preserving Inc. have been paved to reduce the potential for precipitation to infiltrate and leach contaminants into the shallow groundwater system. Other sites found on the Proposition 65 Database have had past releases with the potential to impact ground water, although in each case the threat appears small. These sites are all north of downtown Ukiah along old US 101. Water Supply Development Options A number of water supply options for developing additional supply for the City of Ukiah were considered. Each option was examined with respect to effectiveness at developing the desired yield, ease and practicality of construction, cost, and construction schedule. Each of the options considered is described below. Table 1 shows each of the options with a relative scoring for each of the items considered to assist in recommendations regarding the next step in the supply development. None of the costs include the expense of obtaining necessary property, easements, or temporary access. Additionally, none of the costs include test borings or other investigative programs necessary to develop information necessary to forecast with certainty the yield obtained from each of the options. Design engineering is also omitted from the prices, but can be assumed to be 10 to 15% of the prices listed. While the rankings shown in Table 1 are subjective, they are useful in identifying water supply options that are more likely to meet the technical requirements of an expansion in the City water supply to 13 mgd. Sub;face Water Withdrawal A direct surface water intake from the Russian River would most likely consist of a fixed passive wedge-wire screen intake, mounted in the river. The intake screen or screens would be in excess of 36-inches in diameter to develop the needed capacity at inlet velocities sufficient for fish protection. This screen would need to be mounted at a minimum 18 inches above the river bed with 36 inches of submergence on top of the Page 6 City of Ukiah Water Supply Development Assessment July, 2003 screen to meet the manufacturers recommendations for hydraulic performance. That screen structure would be connected by pipe to a concrete wetwell structure that would act as a pump station. Such a configuration would minimize construction of permanent structures within the Russian River and the active floodway. Direct surface water withdrawal from the Russian River would require two significant modifications to the existing appropriation permit. The first would be to change the source of the allocation to the river from the currently described "Russian River (underflow)" to a direct surface water diversion from the Russian River. The second would be to change the description and location of the diversion works to a direct intake on the river. Both of these changes could take considerable time to process through the State Water Rights Board. Additionally, the proposed changes would probably prompt a review by the California Department of Fish and Game and all siting and engineering design would require review to ensure their protectiveness of threatened or endangered anadromous or resident fish populations. Based upon existing limits on current water rights it can be expected that any direct surface water withdrawal may be restricted during the winter and spring. Developing any permanent structure within the active floodway or river channel will also require authorization from the Corps of Engineers along with a number of other local and state agencies. Such an intake system could be readily constructed to meet the additional capacity of 6 mgd, assuming the necessary permits were obtained. A number of intake screen design issues would need to be addressed during the final design stage of the intake. Due to low summer flows, significant portions of the Russian River area are not deep enough to construct a typical passive fixed screen intake as described above. As result, either a stable deep portion of the river would need to be identified for the intake site or some modification the river bottom configuration would need to be made. Any modifications may also require additional permitting, especially if periodic dredging to maintain the Page 7 City of Ukiah Water Supply Development Assessment July, 2003 necessary depth is expected during normal operation of the intake. Even with appropriate care during siting, the yield from an intake system would still be entirely dependent upon the maintenance of flows within the Russian River. A surface water intake as described above can be designed and constructed in less than one year. Significant delays could be encountered leading up to construction while obtaining the necessary permit modification to show the withdrawal as being directly from the Russian River. Capital cost for the intake and pumping station are estimated to be approximately 2,000,000 dollars. Additional costs would be incurred on the installation of pipeline from the intake to the water treatment plant and on modifications to the plant. Plant modifications would be necessary to treat for somewhat higher turbidity that can be expected in the raw water obtained directly from the river. Infiltration Gallery An infiltration gallery could be constructed to capture Russian River underflow. Such an installation could either be located beneath the bed of the River or immediately next to and parallel the River. Any gallery would be designed so it could be constructed using conventional excavation equipment. Preliminary calculations indicate the gallery would need to consist of approximately 2000 feet of 12 to 16 inch diameter wire-wrapped stainless steel screen, installed in select granular fill to a depth of approximately 10 to 15 feet below the river bottom in order to produce up to 6 mgd. The screen would extend in both directions from a concrete wetwell that would act as pump station. An infiltration gallery would extract water meeting definition of "Russian River (underflow)" and as such, the water withdrawal permit would need to be modified to add the new diversion site. Gallery construction will require extensive construction within thc active river channel or floodway, which will require review and approval of various Page 8 City of Ukiah Water Supply Development Assessment July, 2003 local and state authorities as well as the Corps of Engineers. Additionally, no permanent above grade construction is allowed in the floodway and a permanent structures would need to reflect that. An infiltration gallery as described above may be able to provide the City with an additional 6 mgd. In order to do so, a sufficient length of river frontage must be identified that has adequate gravel deposits to develop the necessary gallery length as described above. This may require the City to acquire additional property should it be determined to none of the City owned property contains sufficient areas of sand and gravel. Saturated sand and gravel maps show several areas between Orrs Creek and Talmage Road that may be suitable for gallery installation. An infiltration gallery as described above can be designed and constructed in less than one year. Significant delays may be encountered in obtaining the necessary permits for construction of a permanent structure within or immediately adjacent to the Russian River. Capital cost for the infiltration gallery with associated and pumping station are estimated to be approximately 2,500,000 dollars. Additional costs would be incurred on the installation of pipeline from the gallery to the water treatment plant. Water quality should be such that no plant modifications would be necessary. Ranney® Collector A Ranney® Collector similar to the City's existing collector could be constructed to capture Russian River undertlow. Ultimate yield of the unit would be dependent upon the geologic conditions of the area in which it is constructed. Preliminary computations (attached) indicate that an area with at least 30 feet of saturated thickness and where the aquifer is in good communication with the river is necessary to develop an additional 6 mgd in water supply. A Ranncy® Collector at such a location would be designed to have lateral well screens projecting under the river bed, with the concrete caisson serving as a wetwell and pumping station. Such a collector would be designed so it could bc City of Ukiah Water Supply Development Assessment July, 2003 constructed using conventional excavation equipment. Preliminary calculations indicate the collector would need to have approximately 1200 feet of wire-wrapped stainless steel screen, installed in six laterals projecting toward and under the Russian River. The laterals would be installed to allow for at least 25 feet of available drawdown. A Ranney® Collector would extract water meeting definition of"Russian River (underflow)" and as such, the water withdrawal permit would not need to be modified beyond adding the new extraction site. Like the infiltration gallery, some construction will be required in the general vicinity of the river. This construction may require review and approval of various local and state authorities as well as the Corps of Engineers. The collector as described above may be able to provide the City with an additional 6 mgd, assuming an available site can be identified with the appropriate conditions. Because the footprint of the finished system is relatively small, the City would have to acquire less property than if an infiltration gallery is to be constructed. Saturated sand and gravel maps show several areas between Orrs Creek and Talmage Road that may be suitable for collector installation. A Ranney® Collector can be designed and constructed in less than one year. Minimal delays should be encountered in obtaining the necessary permits for construction of a permanent structure or immediately adjacent to the Russian River, assuming that a flush mount design with submersible pumps can be used. Such construction would minimize the need for additional permanent structures within the existing floodway and potential delays such structures may face to allow for additional regulatory review. Capital cost for the Ranney® Collector with associated and pumping station is estimated to be City of Ukiah Water Supply Development Assessment July, 2003 Vertical Wells A series of vertical wells could be constructed along the river to capture Russian River underflow. These wells would be installed within the upper 150 feet of alluvial material using conventional commercial well drilling equipment. Assuming that each well could be developed at a pumping rate of 500 gpm, nine wells would need to be installed to develop the additional 6 mgd in capacity, although only one or two wells would be needed to meet the immediate short term needs of the city. Preliminary calculations indicate the wells would need to be on a 500 ft spacing to minimize interference between the wells (a minimum of 2.5 feet of additional drawdown at each well). This would create a line of wells approximately 4000 feet long (approximately half the'distance between Vichy Springs Road and Talmage Road). The wells would probably be constructed of 12-inch diameter casing and stainless steel screen. Each well would be fit with a submersible pump and appropriate electrical power and controls. The vertical wells could be designed to extract water meeting definition of "Russian River (underflow)" and as such, the water withdrawal permit would need to be modified to add each of the new diversion sites. The vertical well construction may require some construction and some permanent features within the floodway, which will require review and approval of various local and state authorities as well as the Corps of Engineers. As noted above, none of these structures could be completed above the existing grade in the floodway. Such vertical wells system could be readily constructed to meet the additional capacity of 6 mgd, assuming sufficiently suitable aquifer materials are identified and the necessary permits were obtained. The system can be designed and constructed in less than one year although thc length of property involved may create delays in obtaining access, easements, and property purchase. A more limited vertical well system could bc installed that would assist the City in meeting the short term demand requirements without bringing the City's total production capacity to 13 mgd. Page 11 City of Ukiah Water Supply Development Assessment July, 2003 Capital cost for the vertical well system is estimated to be approximately 140,000 dollars for each well (including pumping systems and controls), or a total of 1,260,000 dollars. Costs would also be incurred obtaining property, access, and easements and for installation of header piping between the wells and raw water pipeline from the wells to the water treatment plant. No significant plant modifications would be necessary. In-stream Improvements Construction of permanent structures in the Russian River could serve to collect sand and gravel on the upstream side of the structure and ultimately raise the elevation of the riverbed. This in turn, will increase the overall saturated thickness of the aquifer. Such an increase would also increase the yield of the City of Ukiah wells, although by a relatively slow and unpredictable process. Structures such as wing dams, or log structures would be relatively easy and inexpensive to construct. They would however require review by Fish and Wildlife and the Corps of Engineers prior to placement. The draft Russian River basin Fisheries Restoration Plan describes a number of habitat restoration or enhancement options. Many of these options address halting and/or reversing erosion of the riverbed in the Ukiah Valley. If implemented, overall saturated thickness of the aquifer would stabilize or increase. As noted above, such an increase would also serve to increase overall yield of the City of Ukiah wells. Cost for such improvements that would be borne by the City have not been defined but appear to be relatively low when compared to the other alternatives. l~age 12 =~'~ City of Ukiah Water Supply Development Assessment July, 2003 Conclusions and Recommendations The Ukiah Valley is underlain by varying thicknesses of sand and gravel that locally appear able to supply an additional 7.5 million gallons per day of water to the City of Ukiah. Where the sand and gravel is in communication with the Russian River, such additional pumping would not require modification to the City appropriation beyond modification of the diversion location. Obtaining additional supply from a surface water intake will require a detailed siting study that may not be successful due to the shallow nature of the Russian River during Iow flow periods. Additionally, any surface water intake will require a modification to the source of the City appropriation from "Russian River (underflow)" to a direct withdrawal from the river. Such a change will most likely require a review by various agencies to ensure any intake's protectiveness of endangered species found in the Russian River. Based upon the preliminary geologic information, it appears that an infiltrated supply of Russian River water can be developed using a Ranney® Collector or a series of vertical wells. Spacing between the vertical wells is currently estimated to be 500 feet using standard methods of analysis for drawdown away from vertical wells. Based upon the above conclusions, we recommend that, should the City choose to expand its supply capacity, a test drilling program be conducted. That program should focus on defining and documenting subsurface conditions in the area shown in Figure 4. The program should be undertaken so that it obtains subsurface information necessary to move forward with either vertical well or Ranney Collector siting and conceptual design. City of Ukiah Water Supply Development Assessment July, 2003 References California Department of Fish and Game, 2002, 2002 Draft Russian River Basin Fisheries Restoration Plan. City of Ukiah, 2001, Consumer Confidence Report. Ranney Method Western Corporation, 1965, Report on Hydrogeological Survey for the City of Ukiah, California. Ranney Method Western Corporation, 1966, Report on Performance Test, Ranney Collector Water Supply, City of Ukiah, California. Ranney Method Western Corporation, 1969, Report on Performance Test - February 1969, Ranney Collector, City of Ukiah, California. Steiner Environmental Consulting, 1996, A History of the Salmonid Decline in the Russian River, Potter Valley, California. United States Environmental Protection Agency, April 2003, Coast Wood Preserving Fact Sheet, EPA ID # CAD063015887. Page 14 _~~ alnpaq~ ~soz) pia}~ i~.~.q~n~suoD Z"~ OO Z ~ /? I , / / I I I I I I I I I Reynolds, Inc. Municipal & Industrial Pipeline Installations · Treatment Plants alNI,INi.;I{' Trenchless Sewer Rehabilitation · Well Construction March 4, 2004 Mr. Rick Kennedy Interim Director of Public Utilities City of Ukiah, California 300 Seminary Avenue Ukiah, California 95482 REGARDING: RUSSIAN RIVER UNDERFLOW WATER SUPPLY INVESTIGATION Dear Rick: We apologize for our delayed response in providing you with the attached proposal. We thought it would be in the better interest of the City to meet with the California Department of Water Resources Central District and California Regional Water Quality Control Board regarding test pumping and discharge prior to submitting the attached proposal. As a result of those meetings we were able to reduce the costs involved in this project approximately $35,000. We hope the reduced costs help your position in getting this project off the ground. We have anticipate an accelerated the schedule to reflect a completion date in August 2004, with recommendations including viable waters supply alternatives. Based on our calculations and SPH Associates' calculations from the December 17, 2003 Agenda Summary Report, the City will have a tough time making enough water to meet the total daily demand in July and August. The completion date we expect should help you to be prepared with options and answers in case questions arise. Please feel free to contact me if you have any questions. Cordially, Reynolds Inc. Integrated Services Division D. Scoti' Riegert Attachments: Proposal, Attachment A 4520 N. State Road 37 - P.O. Box 186 · Orleans, IN 47452 · 812/865-3232 · Fax ,812/865-307,'3 Orleans, IN · Middletown, OH · LoL~sville. KY * Birmingham AL * Fairburn. GA - Ir~d,~";!;~:t,s. IN City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 INTRODUCTION This document is submitted in response to the City of Ukiah's request for professional services proposal on behalf of Mr. Rick Kennedy for evaluation of the Russian River Flood Plain Alluvium between City Well Road and Talmage Road. Reynolds, Inc. recognizes that the success of this project for the City of Ukiah, California requires the right blend of local experience and technical skill capable of undertaking the project while interfacing and incorporating fully the wealth of expertise past and present in the City's staff. As a result, we have assembled a project team that has a proven record of successfully completing projects in the Russian River Valley and will be able to provide the City with the support of professionals with significant expertise in large scale water supply siting, design, and modeling. This combination of project understanding, relevant project experience, and innovative approach is unique to Reynolds Inc. Integrated Services Division. Reynolds, Inc.'s proposal addresses all the items identified during a recent meeting between a Reynolds Inc. representative and Mr. Rick Kennedy. Additionally, it provides our recommendations for undertaking analysis of the aquifer testing information and the technical basis for those recommendations. We also describe how the analysis can be used to begin development of a large-scale potable water supply in this portion of the Russian River Valley. ,YNOLDS, INC. I~agc I ot'23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 PROJECT UNDERSTANDING The City of Ukiah's application for water appropriation, number 15704, is for the diversion of 20 cubic feet per second (approximately 13 mgd) of Russian River underflow. The description of the diversion works notes that the diversion will be made by pumping from wells. Subsequent amendments to the permit (California State Water Rights Board Permit 12952) have included legal descriptions of each point of diversion. The City currently extracts water for public drinking water supply from four vertical wells and a Radial Collector. Well//4 is located some distance from the Russian River, and as a result, is not recorded as underflow from the Russian River. Combined, the wells provide water necessary to meet the average daily demand of approximately 3.7 mgd, but are not able to meet multiple days at the summer peak demand of 7.1 mgd. The City needs additional capacity to meet the short term summer peak demand, with an additional 6 mgd in proven capacity needed to fully exercise the 13 mgd water right as described in the previous paragraph so as to not lose ownership/access of their full 13 mgd water right. Geologic Setting The Ukiah Valley is bounded on the east and west by mountain ridges that trend southeast to northwest. These ridges trend along and are associated with the San Andreas Fault zone and are part of the Franciscan formation. This formation is a m61ange of nmddy sandstone and cherts interbedded with basalt lava. Within the Ukiah Valley, the bedrock is covered with younger alluvium associated with erosion of the surrounding ridges and it consists of clay, sand. and gravel derived locally and deposited by thc Russian River, and associated tributaries. Alluvium thickness in the Ukiah area can exceed 200 feet. Hydrologic Setting The Russian River provides thc most significant source of drainage for thc Ukiah area. The flows in thc river arc derived primarily from precipitation and controlled releases ,,YNOLDS, INC. Page 2 of 0- City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 from Lake Mendocino by Sonoma County Water Agency (with releases to maintain minimum flow determined by the National Marine Fisheries Service). As a result, stream flow volume and river stage respond directly to the seasonal rainfall patterns. During the dry summer months, stream flow is derived almost entirely from ground water discharge to the river and releases from Lake Mendocino storage. River stage during these same months is slightly lower than during the winter months. In the past, peak flow events associated with large episodes of precipitation and flood control releases from Coyote Dam have eroded the riverbed. This erosion has reduced the saturated thickness of the aquifer and led to declines in City of Ukiah well yields. PROJECT SCOPE OF WORK Test Drilling/Monitor Well Installation The initial step in evaluating the Russian River Flood Plain Alluvium is to undertake test drilling and monitoring well installation. The test drilling will generate detailed geologic information on the Alluvium and the underlying aquifer formation. The program includes the installation of four (4) borings at locations along the Russian River to approximately 90 feet in depth. The final depth will be determined in the field based on the presence of saturated aquifer material. A detailed review of local residential, industrial and agricultural well logs was conducted and summarized in the document submitted to Mr. George Borecky on September 03, 2003 under the title "Water Supply Development Report". This review indicated the presence of a saturated sand and gravel to a depth of 150 feet in the proposed study area. It is assumed that ground water supplies can be developed in that interval and can be documented as '~Russian River Underflow". These aquifer thicknesses are represented graphically in Figure 2 of the "Water Supply Development Report; September 03, 2003" The proposed borings will be near the Russian River in the vicinity of Orrs Creek. East Gobbi Street. Vichy Springs Road and between Talmagc Road and East Gobbi Street and are located within or near thc "Water Supply Development Area" represented in Figure 4 I/.YNOLDS, INC. Page 3 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 of the "Water Supply Development Report; September 03, 2003". They will be drilled to identify the presence of aquifer materials, depths and thickness. The final boring depths will be determined on site base on drilling and aquifer conditions and have been estimated based on a review of local irrigation wells. All the borings would be completed as monitoring wells using two-inch diameter PVC well screens and risers with steel protective casings. All borings will be advanced using an AP-1000 Percussion Hammer dual-wall reverse circulation drilling method which utilizes air for sample recovery instead a drilling fluid such as mud. Our decision to utilize this drilling method was based on this methods superior lithologic characterization and speed. Traditional drilling methods employed in this part of the country often include separating samples from a matrix of drilling mud or using a drive and bail method and may take as much as twice as long for drilling operations. Reynolds currently plans on performing all drilling operations with Layne Christensen Company's equipment and personnel mobilized from Woodland, CA; although we reserve the right, contingent upon approval by the City, to subcontract all or a portion of the drilling work to another firm should it be in the best interest of the overall project goals to do so. In either case, Reynolds will maintain detailed oversight and direct supervision of all drilling and testing activities. Samples will be collected for grain size analysis from all borings, and a portion of these samples will be sieved on site or by a local soils laboratory. These grain size analyses will be used in the conceptual design phase to optimize the interval ~br water production. Addition al/A ltern ate Testing Locations At the request of the City, any desirable and accessible location can be tested and evaluated. Thc City may desire investigations related to groundwater wells farther away from the Russian River than detailed above. Costs associated with additional work will be billed at the hourly rates and cost plus administrative fees as proposed in the Projc¢! Costs section of this proposal. Costs associated with additional xvork have not bccn included in the Total Cost and Not to Exceed Cost of this proposal. .YNOLDS, INC. l~agc 4 ot'23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 Geophysical Logging The monitoring wells will be logged using passive gamma neutron logging equipment prior to deciding the "Best" location for the test production well. Once collected, the logs will be evaluated to identify permeable zones within the Russian River Valley Alluvium. Detailed Aquifer Testing After analyses of the four monitoring wells in various locations has been completed the "Best" site will be determined by a joint decision between Reynolds Inc. hydrogeologists and a City representative. At the site determined to be "Best" an 18-inch by 16-inch diameter test production well will be installed and developed along with four additional monitoring wells. Provisions have been included to install these wells to a depth of 90 feet and screen up to twenty feet of the water-bearing zone. This will allow subsequent testing to develop hydraulic properties of the aquifer interval most likely to yield the highest volume of Russian River underflow. Along with the test production and monitoring wells, up to four driven well points will be installed in the bed of the Russian River to aid in determining the source of the water as well as the infiltration rates and effects of the pumping on the river. A detailed aquifer test up to 72 hours in length will be performed to determine the hydraulic coefficients of the aquifer and the aquifer's connection with the Russian River. This information, along with riverbed hydraulic conductivity and knowledge of the local geologic conditions, will be used to develop a conceptual design for the water supply system and detailed estimates for yield of that design. The information obtained during aquifer testing will also allow the project team to develop estimates of source water quality that can be incorporated into future treatment plant modifications. To undertake the aquifer testing, a temporary test pump will bc installed in the test production well. Test pumping rates will vary based on site conditions and may bc in excess of one thousand gallons per minute. Ideally, the pumping rate will be sufficient to extend the cone of depression past the farthest observation well and into the river channel. Thc discharge line used to convey the pumping well discharge will be at a I~~/.YNOLDS, INC. Page 5 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 distance sufficiently away from all monitoring locations to not influence drawdowns, and will be placed directly in the Russian River. On Wednesday, January 21, 2004, a Reynolds Inc. representative met with representatives from the California Regional Water Quality Control Board (RWQCB) in Santa Rosa, CA and determined that pumping discharge from aquifer testing can be placed directly into the Russian River. Submittal and acceptance of a discharge- monitoring program is required and discharge is legal as long as the discharge meets all requirements of (Attachment A): Order No. 93-61 NPDES Permit No. CA0024902 General National Pollutant Discharge Elimination System Permit Waste Discharge Requirements For Discharges of Groundwater to Surface Water Related To Construction and Subsurface Seepage Dewatering Activities In The North Coast Region Flow measurement will be monitored using either an electromagnetic flow meter or a properly sized circular, free-discharging orifice placed on the end of the discharge linc and a manometer tube installed at a right angle to the line. A gate valve will be placed on the discharge line to regulate a constant rate of discharge during the test period as measured regularly by the manometer tube and will contbrm to all of the requirements of the above-referenced NPDES permit. A staff gauge will be installed to lnonitor fluctuations in the Russian River stage during the test. The top elevation of all observation wells, pumping wells, and the river, gauges and horizontal distances between locations will need to be surveyed by a City contracted survey crew and referenced to site landmarks or benchmarks. \Vatcr level measurements ,YNOLDS, INC. Page 6 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 in the wells and the river will be used to prepare potentiometric surface maps of both static and pumping conditions. All monitoring locations will be fit with pressure transducers to measure ground water elevation during all aspects of the testing. Additionally, water levels will be periodically checked using electric water level tapes. A short duration step-draw down test will be performed to obtain preliminary information on the hydraulic performance of the pumping well. The step-draw down test will consist of three to four steps, each approximately 60 minutes in duration. Prior to shutdown, a pumping rate for the constant rate test will be selected and the valve adjusted to bring the discharge to the selected rate of flow. After the step-draw down test is completed, the pumping well will be shut down and water levels allowed to recover for a minimum of 24 hours. A constant rate-pumping test will commence after water levels in the pumping well and observation wells have recovered to static conditions. The constant rate test will be conducted for up to 72 hours. Ideally, pumping will continue until the cone of depression has stabilized and the test will be terminated only after consultation with a City representative. Prior to shutdown, water samples will be taken from a designated sampling tap by either our hydrogeologist or a laboratory representative and delivered to a City designated analytical laboratory. Following shutdown of the constant rate test, water level recovery will be measured until ninety percent of static conditions are achieved. After all pumping and observation is complete the pumping well and observation wells will be left in tact with either a locking, protective, steel cover or welded cap on top of each well for protection. If the City desires the wells to be removed and/or abandoned, the Consultant's hourly billing rates and subcontractor's costs plus administrative tees will prevail. YNOLDS, INC. Page 7 o t''~ ~ City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 Aquifer Analysis Boring and aquifer testing information will be evaluated and used to assess the suitability of developing the necessary supply using vertical wells, infiltration galleries or a Radial® Collector. Aquifer characteristics and streambed infiltration rates determined from the aquifer testing can then be used to optimize well field location, layout and anticipated water quality. Before data from the test is used to evaluate aquifer parameters, it will first be converted to drawdown or residual drawdown. Those data will then be evaluated and corrected if necessary for changes in barometric pressure and aquifer dewatering. The corrected data set will then be analyzed by standard methods, including drawdown-versus-time, drawdown-versus-distance, and residual drawdown-versus-time to determine aquifer coefficients of transmissivity and storativity at the test site and to determine distance to aquifer boundaries. Analytical methods used will likely include the straight-line graphical method (Cooper and Jacob, 1946) and the Rorabaugh solution for wells near a source of recharge (Rorabaugh, 1956) as well as the Theis non-equilibrium method (Theis, 193 5). When pumping takes place near a source of recharge like the Russian River, the cone of depression may not be concentric like would be expected from a theoretically isotropic and unbounded aquifer. Instead, gradients around the well can vary depending upon their orientation with respect to any boundaries. In this case, the straight-line graphical method can be an appropriate way to calculate aquifer parameters, along with methods that use image well theory. These image well lnethods, described in the Supporting Information, can also be used to solve tbr the theoretical distance to the line source of recharge. Using the calculated aquifer parameters and distance to thc recharge boundary, thc percentage of water pumped that has been diverted from thc Russian River cain be computed using methods derived from Thcis (1941). By projecting drawdowns beneath ~I~~,,YNOLDS, INC. Page 8 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 the Russian River, this percentage can be used to calculate the infiltration rate through the river bottom and maximum potential recharge ascertained. Flow Modeling As an option to further assess the impact of a water supply system along the Russian River, we recommend The City consider ground water flow modeling of the local aquifer system. This option is not included in this proposal although we feel the City would benefit greatly from this evaluation and should consider this as an option in the very near future. Ground water modeling to assess percentages of surface water flow captured by the system could be completed using either the MODFLOW or GFLOW mathematical modeling codes. Modeling would begin with the development of a detailed conceptual model that incorporates existing hydrogeologic information on geologic and hydrologic boundaries and aquifer properties. It will then be calibrated to known ground water elevations (both static conditions and conditions during the aquifer testing). The calibrated flow model would be used to assess stream flow and underflow captured by the system and to optimize spacing between individual wells, infiltration galleries or Radial units. Model documentation would include model development, calibration, and use information. This effort would be conducted by a qualified hydrogeologist experienced in mathematical groundwater flow modeling on an hourly basis and will take an estimated 250 - 300 hours of labor. Basis of Design Evaluation Preliminary design for the selected well field will be developed using the intbrmation obtained from the aquifer testing and analysis. Design for a vertical well field will include diameter, depth and information on anticipated performance will be used to optimize spacing between wells. Design tbr a Radial Collector and Infiltration gallery well field will include diameter, depth, lateral length/nulnber and intbrlnation on anticipated performance. Projected yield of the vertical wells. Radial Collector ox' Infiltration gallery will be calculated using analytical means and, using information obtained during aquifer testing and the preliminary design. ,YNOLDS, INC. Page 9 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 We will work with the City to develop information on pump number and configuration, pump house design, and power and control needs. Based upon the preliminary design and total number of units needed, initial construction and operating costs will be developed and reviewed based upon technical feasibility, cost, and constuctibility. The aquifer testing results, design, and final feasibility evaluation will be summarized in a "Basis of Design" report along with our costs for proceeding with the construction of each viable option. Additionally, we will recommend future evaluations regarding the long-term protection and enhancements of the City's water supply source such as low level dams, inflatable dams and infiltration ponds. Construction and permitting for these permanent changes in the Russian River or the Russian River's immediate flood plane may take several years and may not be the most reasonable and immediate path to solve the City's water supply deficit. We believe these issues would be best addressed in a separate but potentially parallel study conducted at the same time as this proposed work. References Cited Cooper, H. S., Jr., and C.E. Jacob, 1946, A generalized graphical method for evaluating formation constants and summarizing well-field history: Transactions of the American Geophysical Union, v. 27, no. 4. Rorabough, M.I., 1956, Ground water in northeastern Louisville, Kentucky, with reference to induced infiltration: United States Geological Survey Water-Supply Papcr 13 60-B. Theis, C.V., 1935, The relation between the lowering of piezometric surface and the rate and duration of discharge of a well using ground-water storage, Transactions of thc American Geophysical Union, 16th Annual Meeting, pt. 2. Theis, C.V., 1941, The effect of a well on the flow of a nearby stream: American Geophysical Union Transactions vol. 22, p. 734-738. .YNOLDS, INC. Page 10 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 PROJECT TEAM ORGANIZATION/MANAGEMENT The project team assembled by Reynolds, Inc. for the City is described below along with a description of their position and function on the project team. Each team member is a part of Reynolds Inc. organization. Each team member was carefully chosen to provide the expertise needed for each of the specific tasks to assure project practicality and constructability. More complete descriptions of the team's individual experience and qualifications are included in the resumes attached to this proposal. An organizational chart is included as Figure 1. Mr. Jeff Reynolds will serve as principle-in-charge. As president of Reynolds, Inc., and principal-in-charge, he will be responsible to the City for ensuring full allocation of company resources necessary to successfully complete the project. With his familiarity with all aspects of water supply construction, Mr. Reynolds will also provide input and review of final design recommendations. Mr. Les Archer will provide senior technical review/quality assurance/quality control. Mr. Archer has directed all phases of design services offered by Reynolds to clients across the United States. In providing Quality Assurance/Quality Control review at key junctures in the project, he will provide independent input to the project team about all aspects of the project. Mr. D. Scott Riegert has been designated project manager/project hydrogeologist for the Reynolds project team. Mr. Riegert has been involved numerous similar pro~jects around the country and is thoroughly familiar with all aspects of vertical well. Radial Collector and infiltration gallery design and construction. As project manager, he will serve as the primary contact with the City and oversee coordination of all other members of the project team. Itc will also directly oversee all field activities. YNOLDS, INC. Page 11 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 Mr. Greg Slone and Mr. Matt Reed will act as project hydrogeologists. These hydrogeologists have significant experience in the siting and design of well fields, and are familiar with all areas of investigation. As project hydrogeologist, they will oversee hydrogeologic testing, coordinate that testing with the City, and assist in flow modeling and development of the conceptual design. Mr. Paul Burton will coordinate conceptual design/senior design review of the Radial Collector or Infiltration gallery. Mr. Burton has many years of design/build experience in all aspects of water supply development and treatment. As coordinator of conceptual design, he will ensure the final recommended design is feasible, constructible, and cost effective. Mr. Bob Blattert will serve as principal hydrogeologist and oversee ground water flow modeling if the City elects to undertake that effort. Mr. Blattert has conducted modeling to assess surface water/ground water interaction in a wide variety of settings using a variety of modeling software. In undertaking the ground water flow modeling, he will focus on quantification of flows from various components of the hydrologic system. ,.YNOLDS, INC. Page 12of23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 PROJECT TEAM QUALIFICATIONS AND RESOURCES The following paragraphs describe the qualifications of Reynolds, Inc. and provide financial information, bonding capacity, and licensing information for the company. Additionally, the qualifications of key subcontractors and consultants are included. Reynolds, Inc. Reynolds, Inc. is a full-service utility contractor providing a broad range of construction and water-related services to municipalities and industry throughout the United States. Founded in the mid 1930's by John L. Reynolds, Sr. and incorporated in 1965, the company now grosses over $150 million annually, employs over 750 full-time personnel, and operates 2000 pieces of equipment valued in excess of $30,000,000. Reynolds is based in Orleans, Indiana, about 100 miles south of Indianapolis, and has branch offices in Fairburn, Georgia; Birmingham, Alabama; Indianapolis, Indiana; Louisville, Kentucky; Middletown and Dublin, Ohio; and Houston, Texas. Reynolds, Inc. is a licensed contractor in the State of California (Class C57 License 821546 with Bond #400SV2118). The following paragraphs describe the capabilities of our various divisions. Additionally, the following graphic provides a summary of our gross revenue for the past five years as well as our bonding capacity. More detailed financial statements are available upon request. We are ranked annually on the Engineering News Record (ENR) list of top 500 contractors, and also rank in their "Top 10" in water supply and are "#1" in pipelines and aqueducts. Additionally, we are proud to note that Revnolds. Inc. has not defaulted on any contract, anywhere in the world, since the formation of the company. Reynolds' Integrated Services Division specializes in the design, construction, and maintenance of large-scale water supply systems fi'om both groundwater and surt'acc xvater sources. ~I~~.~/YNOLDS, INC. Page 13 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 Employees within the division have the technical expertise to site, design, construct, and maintain Radial Collectors, surface water intakes, and infiltration galleries. Radial collector systems were developed in the 1930's and have been installed in hundreds of locations throughout North America. Insuring success is simplified when one company is capable of completing all aspects of the job at hand. Reynolds' Integrated Services Division provides total design/build services to the water and sewer industry. Whether it be designing and constructing a new potable water supply and distribution system or retrofitting an outdated treatment facility for an industrial water user, Reynolds has the personnel and resources to meet virtually any water-related challenge. For over 60 years, Reynolds has been a leader and innovator in total water and sewer capabilities. General contracting activities are handled through our Midwest and Southeast Construction Divisions and include rock excavating and trenching; horizontal auger and directional boring; pipeline installation; water and wastewater plant construction; lagoon and landfill construction; synthetic liner installation; highway, railroad, and marine crossings; and specialty formwork. The tremendous increase in demand for "pure fresh water" is among the most critical problems facing humankind today. Reynolds' Service Division is actively involved in the development and protection of this most precious resource. Our services include groundwater exploration and hydrogeologic studies; well design, drilling, installation, and maintenance; pumps, parts, and servicing; and water management and performance contracts. Environmental services include exploratory test drilling and monitor well installation; recovery well and remediation services; sub-surface and geophysical investigations~ and pollution potential investigations and environmental site assessments. Restoring aging infrastructure is a top priority tbr most of America's cities and towns. Reynolds' lnLiner Division is leading the way as one of the largest installers of cured- NOLDS, 1HC. · Page 14 of' 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 in-place pipe (CIPP) using the InLinerUSA process in the country. Rehabilitation of deteriorating or collapsing lines is also accomplished through open-cut, trenching, or sliplining techniques. The division operates out of our Orleans, Indiana and Birmingham, Alabama offices and maintains a 78,000 square foot manufacturing facility in Southern Indiana. PROJECT SCHEDULE Assuming a timely acceptance of this proposal, we anticipate the project progress will be as follows: Mobilization of Drilling Equipment One (1) Calendar Week Test Drilling/Monitor Well Installation and Geophysical Logging Two (2) Calendar Weeks Detailed Aquifer Testing Four (4) Calendar Weeks Aquifer Analysis/Basis of Design Evaluation 10.5 Calendar Weeks Final Project Presentation/Meeting One (1) Calendar Week PROJECT COSTS The project costs are calculated on a "Cost Plus" and hourly basis and will be billed based on costs incurred plus fees on hours of service performed. The total fees and hours are summarized in the table below and will be billed at thc following rates with a not to exceed total of One hundred Ninety Five Thousand, Eight Hundred Thirty Five dollars ($195,835). No work outside the Project Scope of Services will be performed without prior written authorization from a City representative. As a result ot' uncertainties associated with portions of the Project Scope of Services, we recommend the City include a 20% contingency for planning purposes. The contingency would result in a potential project total of Two ltundrcd and Thirty Five Thousand Dollars ($235,000). ./Y, OLDS, INC. Page 15 ot' 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 Rate per Hour Senior Technical Review $110 Senior Design Review $110 Principal Hydrogeologist $110 Hydrogeologist $100 Draftsman/Graphic Artist $90 Drilling/Pumping (Layne Christensen Company) Qty Cost Each Administrative Fees Cost 8 test holes at 90 feet each, One 18" by 16" pumping well and Pumping test and equipment 1 $92,500 15% $106,375 Sub Total $106,375 Professional Services For Drilling and Pumping Hours/Weeks Hourly/Weekly Rate Administrative Fees Drilling Oversight (Hydrogeologist) 150 hours $100 Weekly Expenses Per Person (estimated) 4 weeks $990 Pumping (Hydrogeologists (Two)) 140 hours $100 Weekly Expenses Per Person (estimated) 4 weeks $590 Passive Gamma Neutron Logging Equipment Rental 1 weeks $1,500 NPDES Permit 1 lump $1,000 Data Logging Equipment Rental 1 weeks $5,000 15% 15% 15% Sub Total $15,000 $3,960 $14,000 $2,360 $1,725 $1,150 $5,750 $43,945 Report Generation/Data manipulation Hours/Weeks Hourly/Weekly Rate Administrative Fees Cost Hydrogeologist 80 hours $100 Hydrogeologist 80 hours $100 Draftsman/Graphic Artist 40 hours $90 Principal Hydrogeologist Review 16 hours $110 Senior Technical Review 8 hours $110 Senior Design Review 8 hours $110 Sub Total $8,000 $8,000 $3,60O $1,760 $880 $880 $23,120 Well Field Conceptual Design Hours/Weeks Hourly/Weekly Rate Administrative Fees Draftsman/Graphic Artist 80 hours $90 Hydrogeologist 80 hours $100 Senior Technical Review 16 hours $110 Senior Design Review 16 hours $110 Sub Total $7,200 $8,000 $1,760 $1,760 $18,720 Presentation/Meetings Hours/Weeks Hourly/Weekly Rate Administrative Fees Hydrogeologist 14 hours $100 Expenses 0.5 weeks $990 Hydrogeologist 14 hours $100 Expenses 0.5 weeks $760 glib Total $1,400 $495 $1,400 $380 $3,675 ITotal Cost Contingency +-20% Not to Exceed Cost $195,835 $39,165 $235,000 OLDS, INC. Pagc 16 of ~ ~ City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT, is made and entered into this day of March, 2004 by and between Reynolds Inc., 4520 N. State Road 37, Orleans, IN 47452, hereinafter referred to as "CONSULTANTS" and the CITY OF UKIAH, CALIFORNIA, 300 SEMINARY AVENUE, UKIAH, CA 95482, hereinafter referred to as the "CITY". RECITALS The CITY supplies municipal and industrial water service to the City of Ukiah, California. The CITY desires CONSULTANTS to perform certain professional services for a study titled "Russian River Underflow Water Supply Investigation" hereinafter referred to as "SERVICES". The CITY wishes to retain CONSULTANTS to perform these services. CONSULTANTS are willing to perform these services in accordance with the terms and provisions of the Professional Services Agreement. It is hereby agreed by and between the parties as follows: SCOPE OF WORK. The CONSULTANTS will receive direction from the Manager of the CITY or designated representative (hereinafter "Manager"). The CONSULTANTS will provide technical and professional assistance to the CITY. Specifically, the CONSULTANTS will: 1.1 Complete all of the tasks, objectives and duties delineated in the document entitled "City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004" under the section titled "Project Scope of Work" (hereinafter, "Services"), attached hereto. 1.2 Complete monthly and other reports and presentations as required by the Manager on progress made in completing the aforementioned Services, and inform the CITY regarding the progress and status of the Services at such times and in such a manner as the CITY may require, as requested by the Manager. 1.3 It is recognized that the "Project Scope of Work" presented in Exhibit A is based on the best information known at this time. As more information becomes available, scope elements may change requiring some increase or decrease in the work effort. The CONSULTANTS will advise the CITY, in writing, should any change in scope be required and what fee modification is associated with the change. .YNOLDS, INC. Page 17 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 1.4 CONSULTANTS shall deliver to the CITY five (5) copy each of all products developed for the CITY and written correspondence relating to the professional services provided as herein before set forth in the Professional Services Agreement. CITY RESPONSIBILITIES: 2.1 The CITY shall make available to the CONSULTANTS all technical data that is in the CITY's possession, required by the CONSULTANTS relating to their work. 2.2 Provide the CONSULTANT with access to public and private lands as required for the CONSULTANTS to perform their work under this professional services agreement. 2.3 Examine all maps, correspondence and other documents requested by the CITY and presented by the CONSULTANTS and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the work of the consultants. 2.4 The CITY will be responsible for contracting a surveying crew to survey monitoring well, driven well point, staff gauge and production well elevations and locations. And provide this information the CONULTANT prior to completion of aquifer testing/pumping. 2.5 The CITY will be responsible for all analytical laboratory costs associated with water sampling. 2.6 The CITY will be responsible for all costs associated NPDES permitting requirements. 2.7 The CITY will be responsible for all costs associated treating discharge water above and beyond the proposed "Water Quality Control Plan" that will be submitted to the California Regional Water Quality Control Board by the CONSULTANT. See attached requirements and permit application (Attachment A). TERM. The CONSULTANT shall commence performance of the Professional Services Agreement upon a written notification to proceed and shall complete the Services, as described in Section 1, to the satisfaction of the CITY within 140 days, unless the CITY grants a written extension. COMPENSTATION. 4.1 As and for the Services as described herein, the CITY shall pay the CONSULTANT an amount not to exceed Two hundred and Thirty Five Thousand Dollars ($235,000)(includes 20% contingency) to conduct the Russian River Underflow Water Supply Investigation as addressed in the Proposed Project Scope of Work dated March, 2004. ~~/YNOLDS, 1NC. · Page 18 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 4.2 CONSULTANT shall submit an invoice at least monthly to the CITY, which includes actual hours committed to performing the Services in Section 1. 4.3 Payment by the CITY for services rendered by CONSULTANTS shall be due upon receipt of statement. 4.4 The CITY shall make a good faith effort to process the claim in a timely and expeditious manner. If the CITY fails to make the payments due to CONSULTANTS within thirty (30) days from the date of the statements, the amount shall bear interest at the rate of 1.5% per month from the date of the statements. 4.5 The CONSULTANT agrees that, upon receipt of monies from the CITY based upon a claim against the CITY for payment under the Professional Services Agreement, monies due and owing to employees, sub-contractors, and others under that claim will be paid to those employees, sub-contractors, and others forthwith. 4.6 If CONSULTANT and MANAGER agree that completion of one or more of the Tasks comprising the Services is necessary but will require the payment of more than the maximum compensation allowed under Section 4.1 above and, further, upon the specific, written direction of the MANAGER, CONSULTANT shall complete and/or perform such Tasks or portions of Tasks, and the CITY shall compensate CONSULTANT at the foregoing professional rates and for reimbursable expenses. INDEPENDENT CONTRACTOR. The parties agree that CONSULTANT, including any of CONSULTANTS employees, agents, or sub-contractors, is an independent contractor and that the CONSULTANT is not a CITY employee or agent of the CITY, and further, there shall be no: 5.1 Withholding of income taxes by the CITY; 5.2 Industrial insurance coverage provided by the CITY; 5.3 Participation in group insurance plans which may be available to employees of the CITY; 5.4 Accumulation of vacation or sick leave; or 5.,5 Unemployment compensation coverage provided by the CITY. TRANSFER OR ASSIGNMENT. The parties hereto expressly agree that this Professional Services Agreement is dependent upon the unique qualifications and abilities of the CONSULTANT. The CONSULTANT agrees that there shall be no transfers or assignment of, or participation in this Professional Services Agreement granted to any third party without written consent from the CITY. ~i~/~/.YNOLDS, INC. Page 19 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 INDEMNIFICATION AND PROOF OF INSURANCE. 7.1 That all professional services provided and/or procured by the CONSULTANT will be furnished in accordance with generally accepted applicable professional practices and principles and the CONSULTANT shall hold the CITY harmless from any and all claims, demands, actions, attorney's fees, costs and expenses based upon or arising out of negligent acts, errors or omissions of the CONSULTANT while performing the services herein before set forth in this Professional Services Agreement. 7.2 The CONSULTANT indemnifies and shall defend the CITY, its officials and employees against any such resultant claims for loss as a result of the CONSULTANTS operations under the Professional Services Agreement, and holds the CITY, its officials and employees harmless for losses the CITY incurs, as a result of the CONSULTANT's operations under the Professional Services Agreement except for those losses caused by the CITY, its officials or employees. 7.3 The CITY will not be responsible for negligent acts of CONSULTANTS arising from the performance of this Professional Services Agreement. 7.4 The CITY agrees to fully exonerate, indemnify and save the CONSULTANT harmless from and against all claims or actions, based upon or arising out of damage or injury to persons or property caused by and/or sustained in connection with the CITY's performance under this Professional Services Agreement or by conditions created thereby; and further agrees, if requested by the CONSULTANT, to assume without expense to the CONSULTANT, the defense of any such claims or actions, unless such damage or injury was caused by the CONSULTANT's actions. 7.5 CONSULTANTS will be responsible for preparing and submitting of all drilling and pumping data required by California Department of Water Resources, California Regional Water Quality Control Board and Mendocino Department of Health arising from performance of this Professional Services Agreement on behalf of the CITY 7.6 CONSULTANTS will not be responsible for negligent acts of the CITY arising from performance of this Professional Services Agreement. 7.7 CONSULTANT shall secure and maintain throughout the term of this Professional Services Agreement general liability insurance in the amount of at least Five Hundred Thousand/One Million Dollars ($500,000/$1,000,000) per occurrence/aggregate, as proof of CONSULTANT's ability to carry out the provisions of this Section 7. 7.8 CONSULTANT agrees, as a condition precedent to the performance of any work under this Professional Service Agreement and as a precondition to any obligation of the CITY to make any payment under this Professional Service I~~YNOLDS, INC. Page 20 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 . . 10. 11. 12. Agreement, to secure and maintain throughout the term of this Professional Service Agreement worker's compensation insurance in the amount required by California for each employee who performs such work. PUBLICATION. The CONSULTANT may publish results of its function and participation with the CITY, if written approval of the CITY is obtained and that copies of each publication are furnished to the CITY prior to publication. CONFIDENTIALITY OF INFORMATION 9.1 All information, analysis or reports generated by CONSULTANT under the scope of this Professional Services Agreement shall be considered confidential until such time that the CITY releases the information, analysis or reports to the public or they enter the public domain through no fault of the CONSULTANT. 9.2 The originals of all products, correspondence, exhibits, etc., shall become the property of the CITY, and are to be kept confidential from all persons other than appropriately authorized CITY personnel and authorized governing agencies such as State, County and Federal; identified to the CONSULTANTS in writing. COMPLIANCE WITH LABOR LAWS. The CONSULTANT shall comply with Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Orders 11375 and 12086 as supplemented in Department of Labor Regulations (41 CFR Part 60). The CONSULTANT will not discriminate against any employee employed in the performance of this Professional Services Agreement because of race, sex, creed, color, physical or mental handicap, or national origin. TECHNICAL CAPABILITIES AND LEVEL OF EFFORT. The CONSULTANT commits to provide such professional capabilities as will be required to perform in a competent and professional manner under this Professional Services Agreement. TERMINATION OF AGREEMENT WITHOUT CAUSE. 12.1 Either party to the Professional Services Agreement has the right to terminate the Professional Services Agreement without cause by giving not less than thirty (30) days written notice to the other party by U.S. Postal Service certified mail to the addresses listed on the signature lines of this Professional Services Agreement or by hand delivery of such notice to the other party. 12.2 In the event of termination without cause by the CITY, the CONSULTANT shall be compensated for all services rendered and expenses incurred up to the termination date, pursuant to the provisions of this Professional Services Agreement. Products, YNOLDS, INC. · Page 21 of 23 City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 14. 16. and other completed information will be transferred to the CITY within fifteen (15) calendar days of termination. GOVERNING LAW. This Professional Services Agreement shall be construed and interpreted according to the laws of the State of California. In the event of litigation to enforce any of the terms or conditions of this Professional Services Agreement, the prevailing party shall be entitled to recoup such sums as the Court may affix for attorney's fees, costs, and interests. ENTIRE AGREEMENT. This Professional Services Agreement constitutes the final and entire agreement between the parties. The rights and obligations of the parties shall be determined solely from the terms of this Professional Services Agreement, and any prior or contemporaneous oral agreements are superceded by and merged into this Professional Services Agreement. AMENDMENT OF AGREEMENT. This Professional Services Agreement cannot be varied or modified orally and may only be varied or modified by a written instrument duly executed by the parties. PRECEDING AGREEMENTS. Upon full execution and implementation, this Professional Services Agreement supercedes and voids any and all other, preceding professional services agreements between CONSULTANT and the CITY, relating to services to be performed for the CITY. SEVERABILITY. If any provision of this Professional Services Agreement is held to be invalid, such invalidity shall not affect the validity of any other provisions of this Professional Services Agreement, which can be given effect without the invalid provision, and to this end, the provisions of this Professional Services Agreement are declared to be severable. YNOLDS, INC. · City of Ukiah, California Russian River Underflow Water Supply Investigation March 2004 IN WITNESS WHEREOF, the parties do hereby execute this Professional Services Agreement on the latest date hereinafter appearing, binding themselves to the full performance of this Professional Services Agreement. Dated this day of March 2004. The City of Ukiah, California By: Mr. Rick Kennedy Director of Public Utilities 300 Seminary Avenue Ukiah, California 95482 By: Ms. Candace Horsley City Manager 300 Seminary Avenue Ukiah, California 95482 REYNOLDS, INC. By: Mr. Les Archer, Vice President Integrated Services Division 4520 N. State Road 37 Orleans, Indiana 47452 OLDS, INC. Pa,,e 23 of 23 ITEM NO. lOb DATE: April 7, 2004 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION OF MAYOR TO EXECUTE IMPASSE LETTER TO ADELPHIA COMMUNICATIONS AND APPROVAL OF INCREASE IN EXPENDITURE FOR CABLE FRANCHISE NEGOTIATIONS CONSULTANT SERVICES The City of Ukiah, in partnership with the County of Mendocino, and Cities of Fort Bragg and Willits, have been engaged in "informal" negotiations with Adelphia Communications for the renewal of the cable franchise within each respective jurisdiction. The negotiations are termed informal as opposed to the "formal" renewal process as defined in Section 626 of the Federal Cable Act. For Council's information staff has provided a narrative description of the formal renewal process in Attachment #2, which generally involves a potentially more expensive administrative and legal process for all parties. The informal process allows for open negotiations and if successful could provide significantly greater benefits to the franchise granting agency. In the event that the informal process fails, then the formal process would be invoked. (Continued on pa.qe 2) RECOMMENDED ACTION: Authorize Mayor to execute letter to Adelphia Communications and approve increase in expenditures for cable negotiations consultant services. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine either of the requested actions require further consideration and remand to staff with direction. 2. Determine either or both of the requested actions are inappropriate and do not move to approve. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Larry W. DeKnoblough, Community Services Director~,,-~'J~ Candace Horsley, City Manager 1. Draft Letter to Adelphia 2. Narrative Description of Formal Renewal Process Candace Horsley, C~t~, Manager LD/ZIP2 CableNegotiationsU pdate40704 The consulting company of Communications Support Group (CSG), led by Mr. John Risk was retained to assist and represent the negotiating team with technical issues, proposal development, and actual negotiations. Due in large part to legal issues involving Adelphia's corporate management, its pending bankruptcy, and resistance to proposals for Public, Education, and Government (PEG) channel funding, negotiations have been sporadic and difficult over an almost four year period. Recent developments in discussions for PEG capital funding and voluntary billing for PEG support pass-through have brought negotiations to a point of impasse and as this item is of significant public concern, staff is seeking further direction from the Council. A needs assessment completed early in the process by CSG showed a county-wide need of approximately $1.5 million for PEG capital. These funds would be in the form of grants from Adelphia over a 15 year term to be shared by the four jurisdictions. Adelphia has insisted on a cap of $1,000,000 for the grants and has offered only $600,000 over the first six years and $400,000 over the last nine years. Adelphia has also insisted on the stipulation that a survey, conducted by Adelphia, to determine community desire for PEG access would be required before the final $400,000 would be released. Staff is concerned that such a study could be subjective and difficult to quantify making this condition difficult to meet and that the final $400,000 may never be released. Our counter proposal, which Adelphia has not responded to, is for a $1 million contribution by Adelphia shared by all four jurisdictions over 12 years with no conditions placed on the eligibility of the grants. Additionally, the needs assessment identified that roughly $1.00 per subscriber would be needed to support the operations of the county's three primary PEG programming operations (MCCET, Willits Community Television, and Ukiah's and the County's Inland operations). Adelphia has flatly refused to accept any proposal by the governments for a line-itemed operating fund whose sole purpose is to support PEG operations. We are currently asking for $0.50 per subscriber, which is only half of the $1.00 identified in the needs assessment. One additional development that may factor into the timing of negotiations is Adelphia's pending reorganization. Due to its bankruptcy proceedings, Adelphia will be undergoing a reorganization, which is scheduled to be completed in July 2004. It is likely another cable service provider, probably Comcast Co., will purchase Adelphia at that time. Legal Counsel with CSG has prepared a draft letter to Adelphia (Attachment #1 ) for approval by the jurisdictions indicating the City's concern over these two issues and noting that unless Adelphia responds affirmatively to this last proposal, negotiations will be suspended until the reorganization is completed. The proposed letter is being considered by each of the four Mendocino County jurisdictions at the first available Board or Council meeting. Staff is requesting authorization for the Mayor to execute the letter on behalf of the Council and forward it to Adelphia. As negotiations have extended significantly beyond expectations, funding for CSG's contract has expired and additional funding in the amount of $12,000, of which the City's portion is approximately $3,500, is needed to complete negotiations. Mr. Risk's original proposal for a full scope of services was in the amount of $131,000. After discussions with the negotiating team and developing a reduced scope of work, CSG was originally retained for $45,000. This amount was divided among the four agencies based on each jurisdiction's cable subscribership. The City of Ukiah contains 3,695 subscribers or approximately 25% of the total 14,651 county wide subscribers. There have been two amendments to the contract in the amount of $6,000 each, equaling a total of $57,000 of which the City's portion to date has been $14,250. Staff believes the assistance of CSG to complete negotiations essential and is requesting additional funding in the amount of $3,500. March 19, 2004 DRAFT Thomas J. Larsen VP of Law & Public Policy Adelphia's Western Region 1125 Kelly Johnson Blvd, Suite 300 Colorado Springs, CO 80920 Maria Arias Vice President, Law and Governmental Affairs Adelphia 5619 DTC Parkway, Suite 800 Greenwood Village, CO 80111 Dear Mr. Larsen and Ms. Arias: I am writing to indicate to you that the City/County is at an impasse in our negotiations for a franchise renewal with Adelphia. The impasse is based on only two issues: 1. PEG capital 2. Voluntary billing for PEG support pass-through The City's needs ascertainment included several meetings with agency staff and members of the public and identified specific needs of governmental agencies related to PEG. Much of our requests for capital will be targeted to purchase facilities needed for live broadcasts of legislative meetings and for improved editing and playback equipment serving both governmental and educational users. Adelphia continues to rely on survey results from a Colorado based research firm, Talmey-Drake to support its PEG support proposal that falls far short of coming anywhere close to meeting the City's needs. We are of the opinion that this survey should not be relied upon, due to bias in the form of the questions and errors in sampling. Rather than debate the survey results at this time, we simply wish to focus your attention on following facts: 1) Adelphia has been operating under expired franchises with no PEG capital and operating requirements since taking over the franchises from Century - all to the benefit of Adelphia; 2) We are under the strong opinion that PEG channels, when properly funded in Mendocino County, will offer added value to Adelphia's cable service in light of your DBS competition's inability to provide local PEG origination; 3) The current proposal by the City/County for PEG capital amounts to a paltry $0.52 per subscriber, about twenty-five percent of what Adelphia may pay per channel per month for a popular sports channel, such as ESPN or Fox-Sports West. 4) During the same time that we began negotiating PEG capital, Adelphia in Sierra Madra (a community of only 3000 cable subscribers in Southern California offered $0.55 per subscriber per month for PEG capital). 5) The City's PEG proposal requires a reasonable up-front payment and distribution of grants over the franchise term. 6) PEG operations in the county are badly in need of funding, and we believe a reasonable pass-through of PEG operating cost would not lead to an exodus of cable subscribers. We remain willing and able to recommend a franchise renewal for your company provided ^delphia can agree to these final two PEG matters. All other significant franchise terms have been resolved. In conclusion, we urge you to consider the following proposal: 1. PEG capital grants in the amount of $200,000 over the entire county service area on the effective date, third anniversary, sixth anniversary, ninth anniversary, and twelfth and final anniversary. 2. Agreement to bill cable subscribers in the amount of $0.50 per subscriber for PEG operations. We ask you to respond to this offer within the next five business days. Failure to respond will lead to a recommendation to suspend franchise negotiations until after ^delphia emerges from its bankruptcy proceedings. Sincerely, Name City/County BACKGROUND The Cable Act sets forth a formal renewal procedure which either the cable operator or a municipality may invoke. The formal renewal procedures do not preclude a municipality's ability to enter into informal negotiations with the cable operator to renew a franchise. Section 626 of the Cable Act provides that either the municipality or cable operator can invoke the formal renewal procedures during the six-month period which occurs 36 and 30 months prior to the scheduled expiration date of the current franchise. Upon a timely invocation of the Cable Act's formal renewal procedures, Section 626 provides for a three-stage process. The first stage consists of public proceedings which are intended (1) to identify future cable-related community needs and interests and (2) to review the cable operator's past performance. This first stage precedes the submission of a renewal proposal. The second stage involves the municipality's consideration of a specific proposal for renewal, after which it must either renew the franchise or issue a preliminary assessment that the franchise should not be renewed. The third stage consists of an administrative proceeding which is to be held in the event the municipality makes a preliminary assessment not to renew the cable operator's franchise. Adelphia timely invoked its right to a formal process, but has agreed to negotiate the franchise renewal informally to date. First Staqe In the first stage, which occurs within six months from the date of the cable operator's notice, the municipality must commence a proceeding which affords the public appropriate notice and participation for the purposes of (1) identifying the municipality's future cable-related community needs and interests (which includes those of the municipality itself); and (2) reviewing the performance of the cable operator under the franchise during the current franchise term. A municipality may wish to notify various groups and organizations in the community (e.g., schools, public access television producers, local colleges and certain business entities) of the impending proceeding. It may emphasize the role these groups and organizations can play in assisting the municipality in ascertaining the community's future needs for and interests in cable-related facilities, equipment and services, such as public, educational, governmental (PEG) access channels and institutional networks (l-Nets). The Cities of Ft. Bragg, Ukiah, Willits, along with the County worked together in retaining consulting support for conducting first stage tasks. Since 2000, MTCG staff and their consultants have performed due diligence related to the franchise agreement and studied community needs related to the cable television franchise. In March of 2003, a needs ascertainment report was presented to the City Council outlining the results of the ascertainment. In all, current and future cable television needs were considered by the following groups: · Mendocino Community College · Municipal users - Cities of Ft. Bragg, Ukiah, and Willits · Mendocino County Department of Information Services · Mendocino County Office of Education · Mendocino Coast Community Educational Television (MCCET) · Willits Community Television · Comments from the City Attorneys and County Counsel · Comments from the respective elected officials (Council and Board of Supervisors) Second Staqe Upon completion of the first stage proceeding, the cable operator can submit a proposal for renewal on its own initiative or at the municipality's request. The municipality may establish a date by which the proposal must be submitted. The municipality can establish minimum requirements for the cable operator's renewal proposal, including requirements for the upgrade of the cable television system. Among other things, for example, the municipality is authorized to establish minimum requirements for facilities and equipment. Similarly, the municipality is entitled to establish requirements pertaining to the set-aside of channel capacity for public, educational and governmental use, and to establish minimum requirements for customer service and construction-related matters. In addition, the municipality can establish requirements for a franchise fee of up to five percent (5%) of the cable operator's gross revenues. The municipality must give prompt public notice of the renewal proposal after its submittal. Within four months of the submission of the cable operator's proposed renewal franchise, the municipality must either renew the franchise or issue a preliminary assessment that the franchise is not being renewed. Note that because the municipality has the right to wait four months between the conclusion of the first stage public proceeding and the commencement of a third-stage administrative proceeding discussed below, the municipality has the opportunity to attempt to resolve differences with the cable operator through negotiations. If the preliminary assessment of the municipality is to deny renewal, the municipality may, on its own initiative, and must, at the request of the cable operator, commence a third-stage administrative proceeding. If, however, the municipality decides to accept the cable operator's proposal, an administrative proceeding is not required. Third Staqe Before commencing an administrative proceeding (because the municipality's preliminary assessment was one of denial), the municipality is required to provide the public with prompt notice of the proceeding. The cable operator must receive adequate notice of the proceeding. Further, the cable operator and the municipality or its designee are entitled to full participation in the proceeding. This includes: (1) the right to introduce evidence (including evidence related to issues raised in the first-stage proceeding); (2) the right to require the production of evidence; and (3) the right to question witnesses. The municipality may designate a hearing examiner or similar person to conduct the administrative proceeding. The scope of the third stage administrative proceeding is to consider whether: (1) The cable operator has substantially complied with the material terms of the existing franchise and with applicable law;~ (2) The quality of the cable operator's service, including signal quality, response to consumers complaints, and billing practices, but without regard to the mix or quality of cable services provided over the system, has been reasonable in light of community needs; (3) The cable operator has the financial, legal, and technical ability to provide the services, facilities and equipment as set forth in its franchise proposal; and (4) The cable operator's proposal is reasonable to meet future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. The outcome of the third stage is to either accept or reject the company's proposal. In order to reject a proposal, the municipality must make written findings on the permitted grounds for denying a renewal which are prescribed by federal law. If a proposal is rejected, the company is without a franchise, and litigation will like ensue. This third stage is rarely taken by local franchising authorities. Informal NeqotiationslConclusion Given the procedural requirements under Section 626 of the Cable Act, it often is preferable to enter into informal negotiations with the cable operator to develop a mutually acceptable franchise agreement. The cable operator typically is amenable to the informal negotiation route which is the case with Adelphia on the renewal here. 1 Note that the Act requires that for a denial of renewal to be based on a franchise violation that the municipality provided the cable operator with a notice of violation and opportunity to cure. ITEM NO. lOc DATE: April 7:2004 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION TO WITHDRAW APPROVAL FOR COMPLETING FINAL DESIGN OF THE WATER TREATMENT PLANT UPGRADE PROJECT SUMMARY: Attached is a memorandum from the City Attorney to the Honorable Mayor and City Council members recommending withdrawal of the approval adopted by the City Council on March 3, 2004, to proceed with the completion of the final design for the water treatment plant upgrade project, including the addition of two 3 Million Gallon per Day ("MGD') treatment modules, replacement of pumps, and related improvements to the water treatment plant. The memorandum also recommends that the City Council leave unchanged its authorization to proceed with final design of the water storage tank portion of the project, and continue to rely on the Mitigated Negative Declaration adopted March 3 for that action. [Continued on page 2] RECOMMENDED ACTION: By motion: (1) withdraw the City Council's authorization to proceed with completing the final design of improvements to the water treatment plant, including the addition of two treatment modules and related improvements; and (2) direct that such design not be completed until after the City Council approves and certifies either a Negative Declaration or EIR for that project. The City Council shall not approve the final design for the water treatment plant upgrade project unless it has determined that such design adequately addresses the mitigation of the identified adverse environmental impacts of the project. ALTERNATIVE COUNCIL POLICY OPTIONS: Leave unchanged pdor City Council actions or alter those pdor actions differently than as recommended. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Lee Howard David J. Rapport, City Attorney David J. Rapport, City Attorney Candace Horsley, City Manager, Chadey Stump, Director of Planning and Community Development, and Rick Kennedy, Interim Public Utilities Director Memorandum from City Attorney to Honorable Mayor and City Council members, dated March 31, 2004 re: Water treatment plant upgrade project APPROVED: '~_~ ,. '1 ,-~2~ Ca~dac~ Horsley, City'~anager Adoption of the Initial Study/Mitigated Negative Declaration for the Water System Improvement Project and Approval of SPH Associates' Design Recommendation for the Water System Improvement Project and authorization to proceed with final design. March 3, 2004 Page 2 [Continued from page 1] Finally, the memorandum recommends that the City Council direct that completion of the final design for the treatment plant upgrade and the approval of that design await certification of Environmental Impact Reports ("EIRs") for the Orchard Avenue Bridge and the City's application to the State Water Resources Control Board "(WRCB") for an extension of time to perfect its water rights under the City's permit to appropriate water from the Russian River. After those EIRs have been certified, the City Council should reconsider a revised environmental document for the water treatment plant upgrade project (negative declaration or EIR). The reasons for these recommendations and an analysis of those reasons are contained in the attached memorandum. Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard MEMORANDUM (707) 462-6846 FAX 462-4235 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council members David J. Rapport, City Attorney April 1, 2004 Water treatment plant upgrade project RECOMMENDATION I am recommending that the City Council withdraw its approval to proceed with the completion of the final design for the water treatment plant upgrade project and leave unchanged its approval to proceed with final design of the water storage tank project. I recommend that the City continue to rely on the Mitigated Negative Declaration for approval of the water storage tank portion of the project. I am also recommending that completion of the final design for the treatment plant upgrade~ and the approval of that design await approval of the Orchard Avenue Bridge EIR and the EIR for the City's application to the State Water Resources Control Board "(WRCB") for an extension of time to perfect its water rights under the City's permit to appropriate water from the Russian River. After those EIRs have been certified, the City Council should reconsider a revised environmental document for the water treatment plant upgrade project. REASONS FOR RECOMMENDATION I base this recommendation primarily on the following additional information some of which came to my attention after the City Council approved the negative declaration: (1) a report from the Ranney Division of the Layne Christensen Company ("Layne Christensen") containing recommendations for the further investigation of water sources to increase the City's source capacity; (2) a request from the Local Agency Formation Commission ("LAFCO") to provide a letter assuring that the City has sufficient capacity to provide water to the Rural Communities Housing Development Corporation ("RCHDC") housing project in the Brush Street triangle; and (3) the availability of Environmental Impact Reports ("EIRs") for the Orchard Avenue Bridge and the application to extend the time on the City's WRCB permit. 1 Addition of two 3 Million Gallon per Day ("MGD") treatment modules, replacement of pumps, and related improvements to the treatment plant. Memorandum to Honorable Mayor and City Council members Subject: Water treatment plant upgrade project Date: April 1, 2004 Page 2 ANALYSIS After the City Council approved the mitigated negative declaration for the water treatment plant upgrade project and authorized proceeding with the final design for the project, City staff notified me that Layne Christensen had filed a report with the Public Utilities Department which explores various options for increasing the water sources available to the City and made recommendations for further investigation. The report recommends against certain options2 and recommends avoiding certain areas? The report recommends either an additional Ranney Collector or nine vertical wells at potential sites between Orrs Creek and Talmage Road. The City Manager didn't receive a copy of the Layne Christensen report until after the City Council approved the Negative Declaration on March 3, 2004. Upon reading it, she immediately brought it to my attention. The interim Director of the Public Utilities Department didn't consider the report significant prior to the City Council's decision, because he had not evaluated the recommendations at that time and has significant questions about the recommendations. When the City Council made its decision to approve the Mitigated Negative Declaration, I expressed the opinion that the California Environmental Quality Act ("CEQA") did not require an evaluation of the impacts from new development that increased water availability might facilitate, because the nature of the investigation of new water sources was currently unknown and the availability of additional water was speculative. At the time that City Council approved the water treatment plant upgrade project, an evaluation of the impact of additional water production required conjecture about a number of key features of that additional production. Where would the new water sources be located? Would they include Russian River water, groundwater or both? How much water would be available? What changes would be required to the City's WRCB permit to use those new sources or to apply that water outside the City's currently approved place of use? The Layne Christensen report provides more information about the nature of that investigation than the City Council was aware of, when it made its decision. If the report was the only factor, in my opinion, sufficient conjecture and speculation remains about the investigation and its outcome for the City to delay the evaluation of the environmental impacts from increased water production until more is known about additional water sources. First, staff and the City Council must decide whether to follow the recommendations and/or pursue other alternatives. For example, based on problems associated with appropriating additional water from the Russian River, the interim Public Utilities Director believes that it may be useful to explore for true groundwater in areas not discussed in the Layne Christensen report. Second, an actual investigation must be undertaken, including the drilling of test wells. Until that investigation is completed, the City cannot know how much additional water will be available. If true groundwater is included 2Surface water diversions directly from the Russian River and placing structures in the river to increase production by the existing Ranney Collector 3Areas where known or potential groundwater contamination may exist. Memorandum to Honorable Mayor and City Council members Subject: Water treatment plant upgrade project Date: April 1, 2004 Page 3 in the exploratory drilling, it is still uncertain how much of the additional water will be groundwater and how much will be appropriated from the Russian River. However, the Layne Christensen report is not the only factor. As part of its consideration of the City Council approved out-of-area service agreement with RCHDC, LAFCO has requested a letter from the City indicating that it has sufficient capacity in its water system to serve the RCHDC project. At the same time, the California Department of Health Services ("DHS") has required the City to report to it by May 3, 2004, what changes it proposes to its water system to meet maximum day demand. Moreover, the RCHDC project may consume an additional 57,000 gallons of water per day, possibly more on a peak demand day. To the extent that the treatment plant upgrade project is necessary to serve the RCHDC project with water or to convince the DHS that the City can meet maximum day demand, including the RCHDC project, the RCHDC project becomes a probable future project the impacts of which the City should include in its evaluation of the environmental impacts of the treatment plant upgrade project. Moreover, if the City must pump an additional 57,000 gallons per day in order to serve the RCHDC project, that increased diversion may impact flows in the Russian River. The Orchard Avenue Bridge EIR and the EIR for the application to extend the time on the City's VVRCB permit will address the environmental impacts from development in the Brush Street triangle, including the RCHDC project and the impacts on the Russian River from increasing diversions under the City's permit above the amounts currently diverted. With some minor work, the Orchard Avenue Bridge EIR can be certified in the near future.4 The City is proceeding with a scope of work and should have a consultant working on the water permit EIR in the near future as well. Given the availability of the Orchard Avenue Bridge EIR and the processing of the water permit EIR, it makes sense to certify these environmental documents before proceeding with the water treatment plant upgrade project and to use these EIRs as part of evaluating the environmental impacts of that project. The City can continue to rely on the Mitigated Negative Declaration approved on March 3, 2004, for the storage tank project. (See Christward Ministry v. County of San Diego (CA 4 1993) 13 Cai.App. 4~ 31 [EIR upheld where county voted to limit landfill truck traffic to level evaluated in EIR, even though SDEIR previously declared invalid, because it failed to analyze certain aspects of truck traffic potentially part of project before limit adopted]; Dusek v. Anaheim Redevelopment Agency (4th CA 1985) 173 Cal.App.3d 1029, 1040-42 [harmless error where EIR described project more broadly than it should, but impacts from project actually approved fully evaluated by EIR].) Here, the Mitigated Negative Declaration adequately evaluates the adverse environmental impacts of the water storage tank project, even if it also addresses the impacts of the water treatment plant upgrade project. Also, I believe the City can begin designing the water treatment plant upgrade project prior to completing environmental review as long as the City Council requires that completion of the design await certification of appropriate environmental documents for the final design and construction of the project. "Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs and negative declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful 4Finalizing the agreement with the County has delayed certifying the Orchard Avenue Bridge EIR. However, the agreement could be revised to withhold final approval for construction of the bridge rather than certification of the EIR, until (1) an agreement is approved and (2) the County adopts a land use ordinance requiring discretionary approval of projects in the Brush Street triangle. With this change, the City could certify the EIR as soon as it is ready for approval. Memorandum to Honorable Mayor and City Council members Subject: Water treatment plant upgrade project Date: April 1, 2004 Page 4 information for environmental assessment." As our Supreme Court has stated, 'q'he timing of an environmental study can present a delicate problem." (Fullerton Joint Union High School Dist. v. State Bd. of Education (1982) 32 Cal.3d 779, 797.) I believe that if final design is not completed until the completion of the environmental review process under CEQA, environmental considerations will be able to influence program design. The City has considerable discretion to decide when in the course of developing a project it must conduct environmental review. "In our review, we must be careful not to interpret the provisions of either CEQA or the Guidelines 'in a manner which imposes procedural or substantive requirements beyond those explicitly stated' in CEQA and its Guidelines." ( San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656, 689.) As stated in Simi Valley Recreation & Park Dist. v. Local Agency Formation Com. (1975) 51 Cal.App.3d 648, 663, "CEQA was not intended to and cannot reasonably be construed to make a project of every activity of a public agency, regardless of the nature and objective of such activity. Such a construction would invoke the expensive and time-consuming procedures required to complete at least a negative declaration in respect of virtually every action of a public agency." (Fn.omitted.) For that reason, it is said that "in order to achieve the salutary objectives of CEQA the determination of the earliest feasible time to introduce and coordinate environmental considerations into the planning process is to be made initially by the agency itself, which decision must be respected in the absence of manifest abuse." (Mount Sutro Defense Committee v. Regents of University of California (1978) 77 Cal.App.3d 20, 40.) In my opinion, the City is not committed to a particular design for the upgrade of the water treatment plant until the final design is completed and approved. Allowing that design to, at least, begin, pending certification of final environmental documents for the water treatment plant upgrade project, does not violate the express requirements of CEQA or the Guidelines, represents a reasonable balancing of competing factors, and does not abuse the City's discretion in this area. For all of these reasons, I now recommend that the City Council withdraw its approval to proceed with the completion of the final design of the water treatment plant upgrade project, and rely on the already approved Mitigated Negative Declaration for the water storage tank project only. When the EIRs for the Orchard Avenue Bridge and the application to extend the time of the WRCB permit have been certified, the City should complete its environmental review of the water treatment plant upgrade project and authorize the completion of the final design, taking into account any relevant environmental determinations. ITEM NO. I-la DATE: APRIL 7, 2004 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF CITY OF UKIAH POET LAUREATE In June 2001 the City Council initiated the City's Poet Laureate Program and appointed Armand Brint as the City of Ukiah's first Poet Laureate. The program has been a positive addition to the City and spawned new interest in poetry throughout the community. The ukiaHaiku Festival is a direct result of the Laureate Committee's work under the direction of Mr. Brint. Other activities have included classroom and council chamber readings, dedications, and planning for major programs. Tenure of the Poet Laureate is limited, and pursuant to the program guidelines the selection process was commenced in January. Nominations were solicited, applications evaluated, and interviews conducted by the Committee. After thoughtful consideration the Committee is recommending the City Council appoint Linda Noel as the City of Ukiah's second Poet Laureate. Ms. Noel is a long term resident of the Ukiah Valley, well spoken of within the poetry community, and has an extensive publication record. She has demonstrated considerable energy toward and expressed earnest interest in the position. The Committee also wishes to express its sincere appreciation to Armand Brint for serving as the City's first Poet Laureate and leading the efforts to formalize the program. RECOMMENDED ACTIONS: 1. Appoint Linda Noel as the City of Ukiah Poet Laureate. 2. Express appreciation to Armand Brint for serving as Ukiah's first Poet Laureate. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Poet Laureate Committee Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Poems by Ms. Linda Noel, page 1; 2. Poet Laureate Program brochure, pages 2-3. APPROVED: Can~ace Horsley, City Manager mfh:asrcc04 0407POET Potter Valley Poem The pink-scaled salmon Breathes in lilac-scented Candlelight In a farmhouse window The salmon of porcelain Flesh Faces west A watermelon dusk And moon draining Of light Leans through low woven Clouds scattering Above the roadside farmhouse Where the salmon swims On the white enameled second-story Windowsill He swims beside her bed And she believes He breathes Her dreams Of him Linda Noel Strength I don't walk In the shadow Of my father' s footprints He taught me To take my own step, Break a new trail Linda Noel 0 0 c~ ~ ~ o o ~ o~ AGENDA SUMMARY REPORT ITEM NO. t tb DATE: April 7, 2004 SUBJECT: STATUS REPORT REGARDING BICULTURAL COMMITTEE ACTIVITIES The Bicultural Committee was established by the City Council to increase awareness within City departments of issues that relate directly to and impact members of our community with various cultural backgrounds. Initially this committee was formed to address concerns raised by members of the Hispanic community. Since its formation in 2003 the committee has met on a regular basis, studying a variety of issues, and recommending various steps to address issues or improve delivered services. As a result of the committee's recommendations, staff from all the departments of the city have made a number of changes and improvements to our delivery of services, including City sponsored Spanish lessons, City approved list of translation services, and many of our forms are now in Spanish as well as English. These improvements and the future direction the committee has chosen to pursue are outlined in this report. A number of the matters brought to the committee are related to law enforcement services to the Hispanic community; one of the focus areas for the committee has been to look at these issues and attempt to address and improve or correct them. The department took immediate steps to improve service delivery (see Goals and Accomplishments Memo), and began to identify and study long-term improvements, which may be accomplished in the future to further enhance service delivery to the community. The concerns brought forward and the' focus of the committee has been to study these specific law enforcement related areas: 1. Providing quality law enforcement service to non-English speaking residents; 2. Educating officers of cultural differences and awareness; 3. Hiring bicultural/bilingual officers. (Continued on page 2) RECOMMENDED ACTION: Receive and File Status Report Regarding Bicultural Committee. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternate direction. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Chief John Williams and Captain Chris Dewey Coordinated with: Candace Horsley, City Manager Attachments: Police Department Bicultural Goals and Accomplishments APPROVED: Candace Horsley, City nager STATUS REPORT REGARDING BICULTURAL COMMITTEE ACTIVITIES April 7, 2004 Page 2 ~, Providing quality law enforcement service to non-English speaking residents: With the help of the committee, the Department has created a list of Spanish speaking volunteers who can be contacted to provide basic interpretation for field officers. The Department has also had report forms that are used by the general public transcribed and printed in Spanish. As has been noted at previous Council meetings, the Department has certified five employees (20% of the department) as bilingual. This includes front office staff who can assist Spanish- speaking persons who come to the station for assistance. This is the highest level of certified public safety staff of any agency in the County. A reference list of common police questions and phrases translated into Spanish to assist officers has been issued to staff. Staff is also currently working on coordinating Spanish class instruction for law enforcement employees. Educatinq officers of cultural differences and awareness: Department employees have received State approved training in cultural awareness and racial profiling. The Department is hoping to develop and continue training in these areas including specifics appropriate at a local level by working with other local organizations, community groups, and P.O.S.T. experts. Staff has for an extended time, been active in participating with local Hispanic organizations in both board-level committee meetings, and community events. The department continues to set this activity as a priority, amidst our stretched resource issues, because of the positive interaction and communication links which have been established. To enhance educating department officers of cultural differences and promote awareness, staff has continued to set as a priority our outreach into various other local organizations and non-profit groups. Although these activities are increasingly difficult with the dwindling resources of the department, their value in educating our staff on local issues, concerns and keeping communication links established is vital to educating local cultural differences and awareness among the officers. Hiring bicultural/bilinqual officers: The importance of having the ability to recruit and hire officers who are not only bilingual but also bicultural cannot be overstated. Past efforts have included targeting the Hispanic community in our recruitment efforts, changing our job flyers to specify, "bilingual preferred, Spanish speaking", and having representatives of the Hispanic community sit as panel members on our hiring boards. Even with these efforts, the Department still recognizes this critical need and is working closely with the committee to develop new strategies to enhance our capability to attract qualified applicants. To expand our knowledge in this area, staff recently attended the National Conference on Diversity Recruiting in Washington D.C. to meet with experts in the field of minority recruitment. The information and ideas gleaned, not to mention the contacts made for future assistance, have proven invaluable for the department. Following this conference, staff has begun to work with the personnel department, the Bicultural STATUS REPORT REGARDING BICULTURAL COMMITTEE ACTIVITIES April 7, 2004 Page 3 Committee, and other departments across the nation to review our entire recruiting and hiring process, and implement changes that will hopefully enable us to create a larger and diverse pool of applicants in the future. The Bicultural Committee has enthusiastically embraced this challenge, and has committed to assist in this research and study and make recommendations during the next year. The Committee is empowered to assist our department in the actual recruitment of potential applicants in the future. Through the use of both existing reserve and cadet programs, and our new Intern and proposed Applicant Workshop programs, our goal is to assist potential applicants from our community to successfully prepare for entry as new officers. Initial changes as a result of this work include the development and implementation of an Intern Program. Different from our established Cadet and Reserve Programs, this mentoring program allows for individuals who have an interest in law enforcement or related service to gain experience and provide the Department with much needed help. Through their participation at the department, individuals will have an opportunity to learn more about the law enforcement culture, receive mentoring from our staff, and be assisted in eliminating potential barriers in the hiring process, which may have deterred their participation in the past. Additional changes that are currently under review include the establishment of a regional, or department sponsored set of pre-applicant workshops to assist individuals prepare for and participate in the complex law enforcement hiring process. This is a new nationwide concept for the law enforcement community. These workshops, focused on law enforcement recruitment and applicant preparation, will allow community members interested in pursuing a law enforcement career: 1. the opportunity to learn about the hiring and testing process; 2. identify areas they may need to seek additional assistance, and provide avenues for individuals to seek this additional assistance; and 3. the opportunity to learn critical skills needed to successfully compete for open positions. Staff is working closely with the other law enforcement agencies in our region, human resource and community experts, and P.O.S.T. to develop this program, and prepare a strategic plan for implementation in the future. Summary: The Department would like to acknowledge the support and dedication of all members of the committee who have devoted much of their personal time in making this a success. We will continue to work together to expand our expertise and address issues as they arise in the future. We are hoping in the future to expand this committee to include members of the community who represent other cultural and minority groups. Memo To: Candace Horsley From.'John D. Williams, Chief of Police Date: 12/3/03 Bi-Cultural Goals and AccompliShments The following is a list of the Ukiah Police Department's recent accomplishments and future goals related to enhancing our abilities to provide services and create hiring opportunities with our Hispanic community. Accomplishments: Participation with local Hispanic organizations Enhanced Latino community recruibT~nt efforts, including targeted advertising and change in job announcement flyers to specify, "bi-lingual preferred, Spanish speaking". Invite representatives of the Hispanic community to sit as'panel members on hidng boards. · Certified additional police officers of the Department as bi-lingual. · Forms available to the public are also printed in Spanish, including Complaint/Commendation forms and procedures. · Bi-lingual employee is part of our front office staff. · Established list of local volunteer translators with the assistance of Latino Coalition. · Provided and completed State mandated cultural awareness training to all officers Developed reference list of common police questions and phrased translated into Spanish to assist officers with routine contacts. Future Objectives: Provide Spanish class instruction to all interested employees. Create Intem Program to provide quality training and experience to qualified persons and develop interest in the law enforcement profession. Provide cultural awareness training on the local level to employees. Develo .pment of a Spanish speaking ."Citizen Academy". Our goal is to create long-term interest in the law enforcement profession among members of our Hispanic community and to develop a strategy to overcome cultural barriers and enhance our ability to attract hire bi-lingual employees. .///~~~ D.~Wi(.~/ Chief of poll]am~ ~s~~ · Page 2 AGENDA SUMMARY REPORT ITEM NO. ttc DATE: April 7, 2004 SUBJECT: ESTABLISHMENT OF A FAIR SHARE ALLOCATION OF THE REMAINING CAPACITY AT THE WASTE WATER TREATMENT PLANT CREATED BY THE CEPT PROGRAM As previously reported to the City Council, additional capacity has been realized on an interim basis at the City's Waste Water Treatment Plant (WWTP) with the implementation of the Chemical Enhancement to the Primary Treatment (CEPT) Program. The CEPT program involves the addition of ferric chloride and polymers to the waste stream at the preaeration grit chamber preceding the primary clarifiers. These chemicals enhance coagulation and flocculation of the suspended organic matter thereby increasing the amount of solids and associated matter removed by the primary clarifier process. Because of the lower organic loading to the trickling filters, additional treatment capacity is realized. Based on field-testing performed at the WWTP by Brown and Caldwell in August 2003, it has been estimated that the additional capacity realized with the implementation of CEPT is 920 equivalent sewer service units (ESSU). An ESSU is defined as a unit of sewage having characteristics of flow and organic loading equivalent to that generated by a family of 2.5 people. The CEPT program is interim because of the corrosive characteristics of ferric chloride and it has been recommended that the CEPT Program be discontinued upon completion of the capacity and rehabilitation improvements. Currently, project completion is scheduled for (continued on page 2) RECOMMENDED ACTION: Discuss And Establish A Fair Share Allocation Of The Available Capacity Created By The Implementation Of The CEPT Program Between The City Of Ukiah And The Ukiah Valley Sanitation District, And Direct Staff To Prepare An Amendment To The 1995 Agreement Between The City Council And The UVSD For Further Consideration And Action. ALTERNATIVE COUNCIL POLICY OPTION: Not accept the recommendation and provide direction to staff Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Interim Public Utility Director Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager None APPROVED. ~ ...... ,~---~2. Candace Horsier, City Man~er Establishment Of A Fair Share Allocation Of The Remaining Capacity At The Waste Water Treatment Plant Created By The CEPT Program April 7, 2004 Page 2 of 2 September 2008. The additional 920 ESSUs from the CEPT program will be included within the new capacity of 2,400 ESSUs provided by the Project. Prior to the implementation of CEPT, process capacity at the WWTP had been reached. This means that until the Capacity and Rehabilitation WWTP Project is completed, the City must limit new connections to 920 ESSUs in order to remain in compliance with the Waste Discharge Permit requirements. As of March 24, 2004, 484 ESSUs of the 920 additional ESSUs had been committed to since August 2003, either through the permit process or by Will Serve Letters issued for proposed subdivisions or large developments. Of the committed 484 ESSUs, 385 ESSUs have originated within the Ukiah Valley Sanitation District (UVSD) and 99 have originated within the City. The percentages of the current ESSU allocations are 80% for the District and 20% for the City. As previously reported to the City Council, projected annual growth rates utilized for the 20 year planning period were 0.60% for the City and 1.65% for the UVSD. Based on these growth rates, approximately 37% of the new connections would be in the City and 64% within the UVSD equating to 888 ESSUs for the City and 1,536 ESSUs for the UVSD. The Interim Public Utility Director, as the Executive Director to UVSD, had informed the UVSD Board that he had estimated 1,850 of the new connections made available by the Project would originate within the District. This estimate was based on the distribution of the new connections as of February 2, 2004 when 77% of the new connections were in the District. To facilitate an equitable distribution of the remaining ESSUs created by the CEPT program, the Interim Public Utility Director is recommending that a maximum number of ESSUs be established for the City and District. It is proposed that the City receive not more than 212 ESSUs and the District receive no more than 708 ESSUs. The proposed maximum values would give the City and District 23% and 77% of the available ESSUs respectively. As of March 24, 2004, the balance of ESSUs for the City would be 113 and 224 for the District out of the remaining 436 ESSUs. The 1995 "Participation Agreement Between the City of Ukiah and the Ukiah Valley Sanitation District" (Agreement) and the "Amendment No. 1" to the Agreement executed on March 24, 1999 do not specifically authorize the City or District to limit the number of connections to each others collection system. Should the City Council want to implement a limitation of available ESSUs for each entity, an amendment to the Agreement will be required. Staff believes this is an equitable distribution of ESSUs created by the CEPT and recommends the numbers be approved and the agreement amended to formalize the fair share split. AGENDA SUMMARY REPORT ITEM NO. t ].d DATE: April 7, 2004 SUBJECT: REQUEST FOR JOINT MEETING OF THE UKIAH VALLEY SANITATION DISTRICT BOARD AND THE UKIAH CITY COUNCIL TO DISCUSS ISSUES RELATED TO PROPOSED SEWER CONNECTION FEES At the recent Ukiah Valley Sanitation District (UVSD) meeting of March 24, 2004, Chairman Delbar and Director Shoemaker requested Director Baldwin to request a joint meeting between the UVSD Board and the Ukiah City Council to discuss issues related to proposed sewer connection fees. Items of discussion would include: 1) consideration of joint participation in a Value Engineering Review of the contemplated Waste Water Treatment Plant Capacity and Rehabilitation Project as designed by Brown and Caldwell, 2) a request that the City consider a duel level progressive fee that is structured on the number of bedrooms for residential structures and an incremental increase in the fee as the number of new connections are made, and 3) a discussion of the intent of the exemption clause in the City's recently adopted Sewer Connection Fee Ordinance. Staff requests that the Council consider the request and provide direction to staff. RECOMMENDED ACTION: Discuss And Consider The Request For A Joint Session Of The Ukiah Valley Sanitation District Board And The Ukiah City Council For The Purpose Of Discussing Various Issues Pertaining To Proposed Sewer Connection Fees That Are Needed To Pay For The Contemplated Capacity Improvements To The City's Waste Water Treatment Plant And Provide Direction To Staff. ALTERNATIVE COUNCIL POLICY OPTION: Determine joint meeting is not appropriate and do not set a meeting date. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Phil Baldwin, Vice Mayor and UVSD Director Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager None APPROVED:'~~__~' Candace Horsley, City'~nager 11e ITEM NO. DATE: April 7, 2004 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT REGARDING DEVELOPMENT OF PERKINS STREET POCKET PARK At the time of Council's approval of the Perkins Street pocket park design, Council requested staff to seek partnerships and outside funding opportunities to minimize costs of construction. Any funds needed for the project are being provided through the Redevelopment Agency as part of the Streetscape Improvement Program. No City funds are being used for this project. Since that time, staff has been successfully working with the Coyote Valley Band of Pomo Indians, Coyote Valley Shodakai Casino, and the California Conservation Corps (CCC) to participate in the project's completion. Recently, the Coyote Valley Tribe and Casino have initiated the Coyote Valley Community Outreach Committee for the purpose of identifying community beneficial projects and programs they can support. Staff has been meeting with tribal and Casino representatives to coordinate improvement projects to three City facilities. Coyote Valley will be contributing use of its landscape construction crew to work with the City's parks crew to install the irrigation, soil amendments, and plant materials to the pocket park. (Continued on Pa.qe 2) RECOMMENDED ACTION: Receive Report Regarding Development of Perkins Street Pocket Park. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: City Manager Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. Community Services Director None DeKnoblough, APPROVED: ,, -~. ~__,,,. Candace Horsley, City I~anager STATUS REPORT REGARDING DEVELOPMENT OF PERKINS STREET POCKET PARK April 7, 2004 Page 2 Over the past several years, the CCC has been a valuable partner with the City providing extensive labor to complete many public improvement projects. Due in part to this long term relationship, CCC staff will again be providing labor to assist the City with additional park improvement projects including the pocket park as well as final landscape improvements to Observatory and Orchard Parks. For the pocket park, CCC staff will be working alongside the City's parks crew to clear, grade, and prepare the soil for planting and trenching. The coordination of improvements with Coyote Valley and the CCC will allow the City to construct the park improvements with shared labor and reduce the City's expenditures to materials only. In addition, the park design utilizes a high concentration of native species and xeriscape materials to minimize long term maintenance and water usage. AGENDA ITEM NO: MEETING DATE: April 7~ 2004 llf SUMMARY REPORT SUBJECT: DISCUSSION REGARDING CANDIDATE INTERVIEWS FOR CITY COMMISSIONS AND BOARDS - COUNCILMEMBER RODIN Councilmember Rodin has asked for a discussion regarding which commissions the City Council believes are appropriate to have candidate interviews. Currently, the City Council, by resolution, has determined that interviews will be conducted for applicants to the Planning Commission, Parks, Recreation and Golf Commission, and the Airport Commission. Additionally, the Council conducted interviews for the Paths, Open Space and Creeks Commission. The commissions and committees that are not currently designated for candidate interviews include the Investment Oversight Commission, Traffic Engineering Committee, Civil Service Board, Disaster Council, Design Review Board, and Demolition Permit Review Committee. Resolution 2001-61 Amending Procedures for Filling Vacancies on City Commissions and Boards is attached for Council's information. Councilmember Rodin will lead an oral discussion on this issue. RECOMMENDED ACTION: Discuss and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Rodin Candace Horsley, City Manager N/A 1. Resolution 2001-61 Amending Procedures for Filling Vacancies on City Commissions and Boards 2. Ordinance No. 1034 Candace Horsley, City I~ger 4:CAN/ASR,Comrnissionlnterviews.040704 ITEM NO: zzg DATE: April 7, 2004 AGENDA SUMMARY REPORT SUBJECT: SELECTION OF COUNCILMEMBER AND OTHER REPRESENTATION TO PARTICIPATE ON THE COMMUNITY DESIGN FORUM ORGANIZING COMMITTEE SUMMARY: The City Council and Planning Commission recently directed Staff to organize a community design forum/workshop to interact with the public on community design issues. Staff discussed the idea of forming a Committee to organize the event with the Planning Commission, and the Commission selected two members to participate (Puser and Edwards). This Agenda Item is intended to have the City Council select one of its members to participate on the Committee. In addition to Staff, the Planning Commission, and the City Council, it is recommended that the Committee also include a member from both the Downtown Design Review Board and Main Street Program Downtown Design Committee. RECOMMENDED ACTION: 1) Select a Councilmember to participate on the Community Design Forum Organizing Committee; and 2) Direct staff to seek a Committee member from both the Downtown Design Review Board and Main Street Program Downtown Design Committee. ALTERNATIVE COUNCIL POLICY OPTION: Do not select Committee membership and provide direction to Staff. Citizen Advised: Downtown Design Review Board (Staff) and Main Street Program Downtown Design Committee Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED'i~>'~~~~ Candace Horsley, Cit~Manager AGENDA ITEM NO: MEETING DATE: llh April 7, 2004 SUMMARY REPORT SUBJECT: SET DATE FOR PRE-BUDGET WORKSHOP The City is facing an estimated $1.2 million deficit for fiscal year 2004-2005. Staff has prepared a plan of action for Council's review and discussion, so that direction may be provided for preparation of the upcoming draft budget. Staff is recommending a special workshop for this session to allow adequate time for full discussion and review. Three recommended dates are Monday, April 12, Wednesday, April 14, or Thursday, April 15 from 4:00-6:00 p.m. Staff is requesting Council's direction and selection of a date for the pre-budget workshop. RECOMMENDED ACTION: Select date for pre-budget workshop. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A None Cand-~ce Horsley, City M~nager 4:CAN/ASR.PreBdgtWkshpDate.040704