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1995-10-18 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 18,1995 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Proclamations a. Red Ribbon Week of October 22-28, 1995 4. Approval/Correction of Minutes a. Regular Meeting of October 4, 1995 . o 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. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Accept Report of September 1995 Disbursements b. Deny Claim for Damages Received from J.C. Penney Co. and Refer to City Insurance Carrier c. Approve Legal Publishing Services as Submitted by Ukiah Daily Journal for Fiscal Year 1995/96, in the Amount of $3.70 per Column Inch for First Day and $2.35 per Column Inch for Additional Days d. Authorize Budget Amendment for Investment Counsel Services in the Amount of $270,000 e. Adoption of Resolution Establishing the Requirement to Stop on Eastbound Mendocino Drive at Gardens Avenue f. Award of Bid for Street Striping to Central Striping Service in the Amount of $11,491.90 g. Award of Bid for One 75KVA and One 1000 KVA Transformer to Western States Electric in the Respective Amounts of $5,627.40 and $18,264.67, and One 150KVA Transformer to General Electric Supply Company for $8,131.70 h. Rejection of Bid for Bolted Steel Water Storage Tank i. Award of Bid for River Bank Repairs for Wastewater Treatment Plant to Mendocino Construction Services in the Amount of $254,482 . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is an item 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. 8. PUBLIC HEARING - 7:00 p.m. . a. Consideration of Request for Extension of Previously Approved Redwood Business Park Tentative Subdivision Map for Three Years, as Requested by Gary Akerstrom UNFINISHED BUSINESS a. Review of League of California Cities Proposed Resolutions for Annual Conference, October 22-24, 1995 b. Approval of March 26, 1996 Ballot Measure Wording for Submittal as Exhibit B to Resolution No. 96-20 c. Adoption of Ordinance Amending the Airport Industrial Park Planned Development d. Amend Consultant Agreement with Dames and Moore for the Construction and Testing of Leachate Extraction Wells at Ukiah Landfill e. Consideration and Adoption of Resolution Approving Downtown Parking Improvement Program 10. NEW BUSINESS 11. 12. 13. a. Review and Amendment of Council Committee Assignments CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. As per Government Code Section 54957.6 - Conference with Labor Negotiator for City Regarding Department Directors 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Alcohol and other drug abuse is a root cause of violent crime and virtually every other social, health, and economic problem facing this country; and In Mendocino County, more than 85% of arrests are drug and/or alcohol related; crimes which overwhelm the criminal justice system, endanger the security of many families, and drain our limited resources; and Alcohol and other drug abuse is a contributing factor to the loss of human potential, from the damage to unborn children, through adolescence, to the abuse and neglect of elders; and The solution to alcohol and other drug problems require a comprehensive approach that includes law eqforcement, prevention, education, and treatment; and Community-based initiatives are the most ej~fective strategy for addressing the problems of alcohol and other drug abuse; and Alcohol and other drug abuse is a preventable behavior and alcohol and other drug addiction is a treatable disease; and Local government recognizes it is an important member-component in the flght against alcohol and other drug abuse. NOW, THEREFORE, I, Fred Schneiter, Mayor of the City of Ukiah, on beha~' of my fellow City Councilmembers, Richard Shoemaker, Jim Wattenburger, Sheridan Malone, and Jim Mastin, state their commitment to alcohol and other drug program efforts, and do hereby proclaim October 22 - 28, 1995 as R~-D RIBBON WE.E~ and urge all citizens to actively participate in this week of local and national alcohol and other drug abuse awareness activities. · Fred Schneiter, Mayor MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 4, 1995 D AFT The city Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker, and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: city Clerk McKay, city Manager Horsley, City Attorney Rapport, Public Utility Director Barnes, Senior Planner Stump, Assistant Redevelopment Director DeKnoblough, Assistant to the City Manager Harris, city Engineer/Public Works Director Kennedy, Finance Director Elton, and Public Works Administrator Goodrick. 2. Invocation/Pledge of Allegiance The Assistant to the City Manager delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 3a. Approval/Correction of Minutes of the Regular Meeting of September 20, 1995 M/S Malone/Mastin to approve the minutes of the regular meeting of September 20, 1995, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, ~ . Shoemaker and Mayor Schneiter. NOES: None. Absent: Co~ncllmember Wattenburger. 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of civil Procedure. CONSENT CALENDAR Mayor Schneiter questioned staff regarding Item 5c, and Councilmember Shoemaker questioned staff regarding Item 5b. M/S Malone/Mastin to approve the Consent Calendar as follows: 5a. Adopted Resolution No. 96-17, authorizing subordination agreement and signatories for Jesus and Guadalupe Suarez, 254 Carlton Drive. 5b. Adopted Resolution No. 96-18 authorizing the Mayor to execute a notice of cancellation confirming that the requirement for the payment of the Traffic Signal Participation Fee for all lots in the Redwood Business Park Subdivision, excluding Lot B2, has been canceled. 5c. Denied claim for subrogation interest received from California State Automobile Association pertaining to loss of Peggy Farmer, and referred to City Insurance Carrier. 5d. Adopted Resolution No. 96-19, approving subordination agreement and authorizing signatories for Denise Burrell Gorny, 278 Empire Drive. 5e. Authorized the Mendocino Solid Waste Management Authority to act on city's behalf as grant applicant and administrator for the fourth cycle of the Used Oil Block Grant offered by th% California Integrated Waste Management Board. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter recommended taking New Business Item 9a out of order on the agenda, in order to accommodate the time constraints Reg. Mtg. October 4, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKI~H - October 4, 1995 of Ms. Thomas, who has traveled from Ft. Bragg. NEW BUSINESS 9a. Authorize City Manager to Execute Agreement with Thomas Consulting to Prepare State Mandated Cost Reimbursement Claims The Finance Director reported for the past three years, Ms. Thomas has provided contract services for cost reimbursement from the State of California, as identified by the State Controller's office. He reported a total to date of $45,494 has been collected, which amounts to 85% of the total amount applied for. He noted that $4,104 is currently under review by the State, with the remainder disallowed. Council queried staff regarding possible in-house services, time frames, and other cities who apply for these cost reimbursements. M/S Malone/Mastin to authorize the City Manager to sign the contract with Thomas Consulting for "Mandated Cost Claiming Services" at a rate of 20% of the reimbursements paid to the City by the State. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. UNFINISHED BUSINESS 8a. Discussion Concerning City Sponsored Ballot Measure Wording and Strategy for Council Appointed City Treasurer and city Clerk Positions for March 26, 1996 Special Election 8ai. Adoption of Resolution Requesting Mendocino County to Allow Consolidation with California Direct Primary Election of March 26, 1996 Council discussed the wording of the November 1991 ballot measure argument in favor of appointed positions and the impartial analysis, and noted it should be determined whether the current City Treasurer will endorse. Councilmember Malone commented he would like to see some wording as to hours and responsibilities in appointed positions. The City Attorney explained he has previously researched this matter and determined that Council could set time and working conditions for elected positions. Councilmember Shoemaker noted although Council could do this, they should inform the general population to understand what the position entails as to time and responsibilities. The City Attorney noted the ballot argument in favor could be written and submitted to Council at the next meeting. Discussion ensued regarding the hiring and supervision process for the City Clerk position, duties, responsibilities, supervision and working hours. Councilmember Shoemaker stated he feels the City Clerk position should be an absolutely independent position that reports only to the City Council, and who is hired by the Council. He indicated he would not like to see the city Clerk position under the control of the City Manager. The City Attorney explained that Council could implement any process desired. The City Manager explained an analysis is needed for the City Clerk job duties and responsibilities to determine full-time or part-time hours and possible additional duties. Mayor Schneiter noted Council's desired ballot measure wording in Reg. Mtg. October 4, 1995 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 4, 1995 favor of appointed positions, should be forwarded to him for compilation at the next Council meeting. M/S Shoemaker/Malone to adopt Resolution No. 96-20 calling Special Election, consolidating the Special Municipal election with Presidential Primary Election, approving agreement to provide election services, presenting ballot measures to make City Clerk and City Treasurer positions appointive rather than elective, transmitting measures to City Attorney for impartial analysis, and authorizing arguments and rebuttal arguments in favor of measures. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Bb. Consideration of Proposed Lease Agreement With Mendocino Solid Waste Management Authority for Household Hazardous Waste Storage and Transfer Facility Site Adjacent to the City's Sewer Treatment Plant The city Engineer/Public Works Director reported at the regular meeting of August 16, 1995, Council directed staff to prepare a draft lease agreement for further consideration. He notgd this was in response to the Mendocino Solid Waste Management ~uthority's (MSWMA) request to lease City owned property located west of the Sewer Treatment Plant and north of the County Animal Shelter to site and operate a household hazardous waste storage and transfer facility, for a $1.00 per year, five-year lease. Council queried staff regarding storage procedures, non-public access, and availability to City residents. M/S Shoemaker/Malone to delete the wording on Page 2, paragrapgh 4.2 "which shall be made available to City residents without charge." and authorized the City Attorney to make minor changes to the attached Lease agreement for the Household Hazardous Waste Storage and Transfer Facility, to accomodate reasonable changes as requested by MSWMA, and authorized the Mayor to execute said agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. PUBLIC HEARING - 7:00 p.m. 7a. Consideration of Proposed Amendments to the Airport Industrial Park Planned Development Ordinance, as Filed by Gary Akerstrom/Redwood Business Park of Ukiah The Senior Planner reported Mr. Akerstrom is proposing to amend the Airport Industrial Park Planned Development Ordinance and associated Land Use Map. He explained detailed descriptions of the proposed language changes are provided to Council, which include wording proposed by City staff in addition to Mr. Akerstrom's proposed changes. He further reported the Planning Commission conducted a public hearing on September 13, 1995, and voted unanimously to approve the staff version with some modifications of the proposed amended Ordinance, and explained the Planning Commission recommendations. Council queried staff regarding day care use, site development permit versus use permit, land use issues, and allowed uses and permitted uses. Public Hearing Opened - 7:21 p.m. Gary Akerstrom, 425 Talmage Road, representing the applicant, reviewed history of this Planned Development Ordinance since 1989. He noted he wants to go back to what they had before, which is what the Environmental Impact Report is based on, and the applicant does not approve of changing the Ordinance as recommended by staff. He explained he has previously provided Councilmembers and the City .. Reg. Mtg. October 4, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 4, 1995 Manager with a letter that outlines each of his concerns with City staff's proposed amendment. Mayor Schneiter questioned if Mr. Akerstrom wanted more allowed uses and less permitted uses? Mr. Akerstrom answered yes, as this is a Planned Development which is known how to develop. He requested Council adopt his version of the Ordinance, which is the same as in 1989 and 1990. Judy Pruden, 304 South Hortense, explained the Planning Commission recommendation includes permitting residential uses to allow creative low-density housing which is compatible to commercial. Public Hearing Closed - 7:35 p.m. Council queried staff regarding the designation of Industrial and Retail Commercial along the freeway, land use changes, and mini- storage allowed use as noted in the section concerning warehouse and distribution. Council began the page by page review of the propose~ Ordinance submitted by City staff in comparison to Mr. Akerstro~'s. It was the consensus of Council to add mini storage under warehouse and distribution, as an allowed use. Discussion ensued regarding definition of warehouse in respect to businesses similar to Costco. Councilmember Shoemaker and Mayor Schneiter agreed to leave the wording as is. Councilmembers Malone, Shoemaker, and Mayor Schneiter agreed to leave in medical and dental offices in the professional office designation. It was the general consensus to delete residential as a permitted use. It was the consensus of Council to delete the wording on page 7 and 8 of "by the Planning Commission" and replace "municipal" with "City" and delete "shall be the criteria for determination'."; Page 8, delete "except for existing occupied houses, no residential use shall be permitted;" and on Page 9, in Item 3., strike the last sentence and add "side yard set-back to be determined by development permit." Discussion ensued regarding screening fence height of six feet as Mr. Akerstrom wants eight feet, and it was the consensus of Council to strike wording as it is allowed by code. It was the consensus of Council that sidewalks should be on both sides of roadways. Mr. Akerstrom protested as they are very expensive. The Senior Planner explained sidewalks would only be for future development and would not be retroactive for the developed portion of the park. Mr. Akerstrom stated a five foot bike lane costs $70 per lineal foot, and he thought this issue had been previously resolved. The Senior Planner reported there exists a Class 3 designated bike route from Walmart through the northern portion of the park to Hastings Road. It was general consensus of Council to add Class 3 to Page 10, Item No. 8. Reg. Mtg. October 4, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 4, 1995 It was the consensus of Council to strike wording on Page 20 "the maximum fence height shall be six feet from finished grade." Council continued the page-by-page review of the proposed Ordinance and directed deletion of all wording in 14b to 14d on Page 13, and to retain the first sentence in 14a. Councilmember Shoemaker stated that landscaping standards should be developed for this area with Council discussion. It was the consensus of Council to strike the word "native" from paragraph j on Page 14. Councilmember Shoemaker indicated he feels it is appropriate that trees are scaled to the size of the project. Council continued the review of Pages 15 through 17, with minor wording changes. Councilmember Shoemaker asked for reconsideration of his previously requested addition of mini storage to warehouse allowed uses on Page 5. He requested the wording be changed back to t~e original proposed wording on Page 3, and add as Item I. on Page ~. He noted the Map stays the same, these changes met with a consensus of Council. The City Attorney asked Council for direction pertaining to wholesale or warehousing activities. It was the consensus of Council, if a Costco or other "membership" type retail facility wanted to come in an industrial area, then an amendment to this Ordinance could be proposed. M/S Malone/Shoemaker to read the title only for the first reading of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title of the proposed Ordinance. M/S Malone/Shoemaker to introduce the Ordinance amending the Airport Industrial Park Planned Development. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker, and Mayor Schneiter. NOES: Councilmember Mastin. Absent: Councilmember Wattenburger. Abstain: None. Councilmember Mastin stated he voted against this Ordinance because he feels this area should be a coordinated development, which it is not, and expects there will be future problems. Recess - 9:10 p.m. Reconvened - 9: 17 p.m. 9b. Consideration of Audit Report from Solid Wastes Systems and Set Date for Public Hearing Regarding Adjustment of Rates for Garbage and Recycling Collection Services The City Engineer/Public Works Director reported the franchise agreement with Solid Wastes Systems allows for an adjustment to garbage and recycling rates using an automatic annual rate adjustment based on 75% of the change of Consumer Price Index of United States Cities average March to March. He reviewed the Solid Wastes Systems audit report received August 4, 1995, for audit years of 1993 and 1994. He reviewed the rate adjustment request, and provided staff analysis regarding rate adjustment increase to offset handling costs for yardwaste, and presented four various options. The Finance Director reported on the analysis of the financial information received in the audit. John Warren, Solid Wastes Systems Certified Public Accountant, Reg. Mtg. October 4, 1995 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 4, 1995 explained the financial information he developed for Solid Wastes Systems, and addressed the fluctuations in costs. Discussion ensued regarding curbside recycling costs; the curbside recycle truck; landfill tipping fee increase effects; shortages from prior year's tipping fees; new equipment; CPI adjustment, and a 1.65% shortage. He explained there was a $20,000 shortage from increased tipping fee costs which resulted in not having enough revenues to operate the new recycling truck. Bruce McCracken explained the problems from last year's winter rains and stated the operations are not operating in the black. He explained the need for their request of a 6.28% increase. Councilmember Shoemaker questioned the accounting transactions of the Reward Company regarding the rent. Mr. Warren explained that Phil Ward, who is Reward Co., owns the property which is leased to Ukiah Solid Waste and the Gobbi property. Mr. Ratto bought this property which is now being rented. He indicated the rent/lease expense is normal, usual and customary for commercial property. Mike Sweeney explained Ft. Bragg's franchise fee is 6%, and Willits is 8%. He encouraged Council to review past increments of increase for specific programs and equipment and the return on the investment for them. He noted that past subsidies imposed for recycling may no longer be valid. He urged deep review of the revenues received from recyclables going to other subsidiary companies, before a rate increase is approved. Mr. Warren explained this is an official audit where recycling revenues were affected by freight costs. The City Manager explained CPI adjustments eliminate the need to base fees on gross receipts. The Finance Director noted staff is requesting Council direction as to what type of information and analysis is desired for the next meeting and the future Public Hearing. Shoemaker requested a flow chart for recyclables and costs and revenues. McCracken stated that recyclables are very volatile and the rates are very competitive due to keeping costs down. Mayor Schneiter stated he wants to see a 15% franchise fee analysis, CPI and automatic pass through of tipping fees, and appropriate costs. Staff requested direction concerning the yardwaste issue. Councilmember Shoemaker refrained from this portion of the conversation. Councilmember Malone noted we could look at processing the yardwaste ourselves, with mitigations to process inside of a building. Mayor Schneiter indicated a possible compromise to allow for a slight tipping fee to self haulers and also slightly charge for green waste. Councilmembers Malone and Mastin stated they prefer a small across the board increase analysis. 9c. Authorize City Manager to Negotiate Contract With EIR Consultant to Prepare Final EIR Document for City of Ukiah,s Solid Waste Landfill Facility Reg. Mtg. October 4, 1995 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 4, 1995 The City Engineer/Public Works Director reported the company of Eric Jay Toll was hired by the City to prepare a draft and final EIR for the City's proposed change to the Solid Waste Facilities Permit for its Municipal Solid Waste Landfill. He explained this permit is needed to allow and increase in the average daily tonnage for disposal from the described average of 50 tons per day to an average of 190 tons per day, to a maximum of 295 tons per day. He reported the Company of Eric Jay Toll has failed to complete the requirements of the contract. He reported although the draft EIR and supplement have been prepared and reviewed by the public, there remains final tasks to complete. He explained the proposals received and staff's recommendation. M/S Shoemaker/Malone to authorize the city Manager to negotiate and execute a consultant service contract with Environmental Science Associates for the preparation of a Final EIR document for the city of Ukiah's Solid Waste Landfill Facility, with compensation to be on a time and expense basis, not-to-exceed $30,000; and authorized the transfer of $30,000 to Solid Waste Disposal Site Account No. 660-7301-250 from Fund #661, Solid Waste Disposal Reserve. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: No~. Absent: Councilmember Wattenburger. 94. Review of League of California Proposed Resolutions It was the consensus of Council to continue this matter of business to the next Council meeting. 9e. Consider Historical Significance of Single Family Residence Located at 1180 Commerce Drive and Authorize Issuance of Demolition Permit The Senior Planner reported the Demolition Permit Review (DPR) Committee voted unanimously, on September 14, 1995, to recommend approval of a demolition permit to demolish the single family residence located at 1180 Commerce Drive. He reported the structure is believed to have been constructed in 1880, and was remodeled in 1953. He further noted a second story addition is believed to have been added in 1962 and moved to its present site in 1967, when it was thought to have been 70% remodeled. He explained that'based on the fact the structure has been extensively remodeled, is not listed in the City's Architectural and Historical Inventory Report, and does not have any outstanding features of significance, the Committee deemed the structure as having insignificant historical or architectural value. Judy Pruden, Chairman of Demolition Permit Review Committee, noted the DPR Committee voted to forward this matter to Council, as the Committee did not have the evaluation at the time of their meeting, which is now provided to Council. She reviewed the history of this permit and indicated this building should have been included in the EIR for the Airport Industrial/Redwood Business Park. She indicated there is a party which is willing to move this structure but is concerned with timing. The Senior Planner explained the EIR process, and noted there is interest by all parties to move the structure as soon as possible. Mayor Schneiter noted if this demolition permit is withdrawn then a building permit can be taken out to move the structure. M/S Schneiter/Malone to determine the structure has no historical, architectural or cultural significance. Ms. Pruden suggested alternate wording that the historical, architectural, or cultural significance is insufficient to prohibit its removal or demolition from this site, in order to preserve an owner's code protections. Reg. Mtg. October 4, 1995 Page 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 4, 1995 The City Attorney suggested a-motion for Council to approve. M/S Schneiter/Malone to amend the previous motion on the floor to declare that this structure has insufficient historical, architectural, or cultural significance to prohibit the demolition permit from being issued. The motion was carried by a unanimous voice vote of all AYE. 9f. Authorize Retention of Special Legal Counsel for Clean Water Act Claim and Approve Budget Amendment of $20,000 The City Attorney advised this matter of business be addressed after discussion in Closed Session. 10. CITY COUNCIL/REPORTS Councilmember Shoemaker reported on the Mendocino Solid Waste Management Authority meeting he attended. Mayor Schneiter reported on the Annual NCPA meeting he attended where he stepped down from his position as Chairman of the Board. ! 11. CITY MANAGER/DEPARTMENT HEAD REPORTS None. CLOSED SESSION The city Attorney announced the need to go into Closed Session regarding the following items of business; 12a. As per Government Code Section 54956.9 (b) - Conference with Legal Counsel Regarding Significant Exposure to Litigation - 2 cases ; and 12b. As per Government Code Section 54956.9 (c) - Conference with Legal Counsel Regarding Initiation of Litigation Council entered Closed Session at 10:55 p.m. Council came out of Closed Session at 11:45 p.m. 12a. As per Government Code Section 54956.9 (b) - Conference with Legal Counsel Regarding Significant Exposure to Litigation - 2 cases 1. M/S Shoemaker/Schneiter to authorize the City Manager to sign settlement agreement with Jeff Schueller. The motion was carried by a unanimous voice vote of all AYE. 2. M/S Shoemaker/Schneiter to deny the request of Eric Jay Toll for added compensation for General Plan work and authorized a suit for damages for failure to perform under contract for Landfill EIR. The motion was carried by a unanimous voice vote of all AYE. 12b. As per Government Code Section 54956.9 (c) - Conference with Legal Counsel Regarding Initiation of Litigation 9f. Authorize Retention of Special Legal Counsel for Clean Water Act Claim and Approve Budget Amendment of $20,000 M/S Shoemaker/Malone to retain special legal counsel and authorized a budget adjustment. The motion was carried by an unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned at 11:47 p.m. CCMIN.210 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. October 4, 1995 Page 8 ITEM NO. 6a DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS MADE DURING THE MONTH OF SEPTEMBER 1995 Payments made during the month of September, 1995, are summarized on the attached Register of Payroll and Demand Payments. Further detail is supplied on the attached Schedules of Bills, representing the five (5) individual payment cycles within the month. This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7. RECOMMENDED ACTION: Receive attached Report of Disbursements. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kimberly Sechrest 463-6230 Attachments: Report of Disbursements APPROVE AGENDA.WPD/krs CITY OF UKIAH REGISTER OF PAYROLL AND DEMAND PAYMENTS DATE: SEPTEMBER 1995 Demand Payments approved: Check No. 73403 to 73853 inclusive. FUNDS: 100 General Fund $139,055.37 662 120 Capital Improvement 663 140 Park Development 665 141 Museum Grants 670 142 National Science Foundation $3,084.58 675 200 Asset Seizure Fund $1,000.00 678 220 Parking Dist. Rev. Fund $1,316.64 680 230 Parking Dist. #1 Rev. Fund 693 260 Downtown Business Improv. 695 300 Gas Tax $4,126.99 696 315 Airport Capital Improvement 697 320 Airport Clear Zone Fund 698 332 Federal Emergency Grant $6,239.00 800 400 Recreation Enterprise $685.82 805 405 Youth Services Ukiah $16.88 820 410 Conference Center Fund $17,567.10 920 550 Lake Mendocino Bond 910 575 Garage $11,251.93 900 600 Airport $32,439.09 940 618 Flood Damages $600.60 950 611 Sewer Construction Fund $630,200.00 960 612 City/District Sewer $21,785.14 962 640 San. District Revolving Fund $80.00 965 652 Redip. Sewer Enterprise Fund 966 660 Sanit. Disp. Site ($1,320.05) 310 JPA/LTF Fund Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Liability Fund Worker's Comp. Fund Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Special Aviation Fund PAYROLL CHECKS NO. 61383 to 61613 TOTAL PAYROLL PERIOD 08/13/1995 to 08/26/1995 TOTAL PAYROLL CHECKS NO. 61614 to 61834 TOTAL PAYROLL PERIOD 08/27/1995 to 09/09/1995 PAYROLL CHECKS NO. 61838 to 62034 TOTAL PAYMENTS PAYROLL PERIOD 09/10/1995 to 09/23/1995 CERTIFICATION OF CITY CLERK DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS This register of Payroll and Demand Payments was duly approved by the City Council on $79.33 $119,853.08 $615.08 $19,174.88 $27,058.86 $27,561.98 $5,133.34 $36,175.39 $740,893.39 $10,948.87 $199,261.17 $2,043.00 $41,149.00 $7,170.83 $96,213.33 $668.69 $77,347.37 $173,317.97 $2,452,794.65 $211,289.46 $551,897.05 $3,215,981.16 City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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OO ~ . o ~ 0 0 0 U U ~ . 0 ~ ITEM NO. 6b. DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: Deny Claim for Damages Received from J.C. Penney Co., and Refer to City Insurance Carrier REMIF The claim from J.C. Penney Co. was received by the City Clerk on October 2, 1995 for an alleged electrical power outage occurring July 31, 1995, which damaged electrical equipment. RECOMMENDED ACTION: Deny Claim for Damages Received from J.C. Penney Company, and Refer to City Insurance Carrier REMIF ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by City Risk Manager. Acct. No. (if NOT budgeted): N/A Acct. No. N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: ~'~_ '~/~//"~/2 Prepared by: Cathy McKay, City Clerk '---] Coordinated with: Candace Horsley, City Manager Attachments: J.C. Pejmqy Claim NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6,.°f Title 1, of the Government Code of the State of California, by the claimant by a person acting on his/her behalf· RETURN TO: City Clerk's Office City of ukiah 300 Seminary Avenue Ukiah, california 95482 i · · · CLAIMANT'S NAME: J.C. Penney Co., Inc. Store% 1388-8 CLAIMANT'S ADDRESS: 204 North Orchard Avenue Number/Street and Post Office Box Ukia, California 95482 City State Zip Code District% 510-225-0110 Store% 707-468-5414 Home Phone Number Work Phone Number NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THiS CLAIM SHOULD BE .SENT (if different than above): · · · DATE OF THE ACCIDENT OR OCCURRENCE: July 31, 1995 PLACE OF THE ACCIDENT OR OCCURRENCE: Store# 1388-8, Ukia, CA. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): See Attached NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · · · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS A. TELEPHONE · NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE A. m · 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 11. TOTAL AMOUNT CLAIMED: 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: Electrical Outage See Attached ---- General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective. general damages: $ 3,422.91 The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or la2 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after a~o~e cause~~action. ~dNATURE OF CLAIMANT (S) Received in City Clerk's Office this _ ~ day of _ SIGNATURE NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3: FORM',CLAIM Rev: 3110/95 TO ~EP 12 ~5 10:1~ FROH JCPENNEY-UKIAH ROBERTS -'~IEC~~ & ELEC~C~ INC. 189 Wabash Avenue" Ukiah, California 95482 (707) 462-3290 PA(SE. 002 N9 , 6273 DATE 8 -'15.. 9_5 rd A SALESPERSON ~ VIA 1 of 2 SERVICE / INST^LLAI]ON / TESTING · ~ Air Conditioning * Heating * Electrical * Boilers - Plumbing ° Backftow Prevention Devices o Licen.~ No. 556014 CUSTOMER ORDER NO. SO,f9355 Inv's BUR~~~_~~ORE LIGHTS OUT: · ',_--; E F' TO 2 ':95 !O: t6 FROH JCPENNEY-UKIgH MECHANICAL & ELECTRICA/., INC. 189 Waba.~h Avenue * Ukiah, California 95482, (707) 462-3290 J-C- Penny 204 N. Orchard Ave. Ukiah. Ca. _. 95482 PAGE gO© N.° 6274 ,, DATE 8 -- 15 -- 9 5 CUSTOMER ORDER NO. SALESPERSON SO#9355 __ VIA .... ,_ 2 Of 2 Inv's SEmaC£ / INST~U~]]ON / · Ah' Conditiordng · Heating · Electrical - Boilers · Plumbing · Backflow Prevention Devices - License No. 556014 [nstalke,d dr~iers, leake_d che,.cked and p. urqed.,, unit, ., , 2har~ed__unit. checked p~e~_su~,es, temp$_ and lo~ds~. Unit w.orki, nq O. K, ..... STOCK RO_OM :' ~.eset over loads on .conveyor belt..Checked oder- hion. unitworkln~..O.K.' ....... 1,.Iat ' ] 1. 753 ..... ...... Tax , , 123. ..... Labor 1.5_18, , - , ........ Frt. 23 ,._. ...... '.. , ,,, ~o_t::al , , 3 · 4.22, -- , ,, , -- ,, .... ,, ,,, ITEM NO. 6c. DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: Approve Legal Publishing Services as Submitted by Ukiah Daily Journal for Fiscal Year 1995/96, in the Amount of $3.70 per Column Inch for First Day and $2.35 per Column Inch for Additional Days As the Ukiah Daily Journal is the only newspaper which qualifies for the designation as a newspaper having general circulation in Ukiah, a formal process requesting bids for legal publishing services was not used. The City Clerk requested the Ukiah Daily Journal in June, to submit a letter which formalized the extension of the 1994/95 fiscal year contract. The letter was received on September 19, 1995, as the Journal thought the previous contract was a two year contract. There is no change in price from the previous contract amounts. RECOMMENDED ACTION: Approve legal publishing services as submitted by Ukiah Daily Journal for fiscal year 1995/96, in the amount of $3.70 per column inch for first day and $2.35 per column inch for additional days. ALTERNATIVE COUNCIL POLICY OPTIONS: Acct. No. (if NOT budgeted): N/A Acct. No. (if budgeted) Appropriation Requested: N/A Citizen Advised' N/A Requested by: Prepared by: ~:tn~YacMeCi~oarYs'le~i, tYc~rMkager Coordinated with: an Attachments: Letrt-er, xfrom Ukiah Daily Journal (707)468-0123 FAX (707) 468-5780 590 South School Street · Post Office Box 749 · Ukiah, California 95482-0749 September 13, 1995 Cathy McKay City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 CI I'Y CLLRi~ DEF:Ai~I'MENT Re: Legal rate contract Dear Cathy, As you requested, following is the information you have previously requested to determine the contractor for legal notices placed by the City of Ukiah: 1) Total paid circulation (ABC Audit 9/30/94): 8,440 Daily; 8,467 Sunday 2) Paid circulation within the city of Ukiah: 5,113 Daily; 5,041 Sunday 3) Days of Publication: Monday through Friday, PM; Sunday AM 4) Type and size print and format size used for legal publication: 8 pt. Helvetica, 8 pica wide column, 6 point gutter between columns 5) Cost of publication per column inch: a. First day - $3.70 per column inch b. Additional days - $2.35 per column inch 6) A 5% discount will be given for providing camera-ready material by deadline day and time. 7) Print size and format for camera-ready rnaterial same as in item//4. 8) Errors and omissions: The Journal will only be responsible for the cost of the space contain- ing the error, provided the notice was not provided camera-ready, and will run a correction at no charge in the next available issue after being notified of the error. Please note that the rates listed in item #5 reflect no increase since June of 1992. We appreci- ate the opportunity to continue to serve the legal publication needs of the City of Ukiah. If you have any further questions, please don't hesitate to call me at 468-3510, Sincerely, ~~i~iSn~lel~ector Locally operated member [~ Donrey Media Group ITEM NO. 6d DATE: October 18. 1995 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR INVESTMENT COUNSEL SERVICES IN THE AMOUNT OF $270,000. At their September 20, 1995 meeting, the City Council authorized a contract with the firm of Belin, Rawlings, and Badal to provide special legal counsel relative to the potential litigation regarding investments. Funds for this contract, not to exceed $270,000, were not budgeted and thus a budget amendment is required. The recommended budget amendment is from General Fund Reserves to the City Attorney's account. If there are any monies recovered through the litigation, they would be returned to the Reserve account. Staff recommends this method rather than attempting to distribute costs and reimbursements to the individual accounts based upon the percentages within the "investment pool". In the event the litigation results in a return greater than the related costs, the net amount will be allocated to the pool according to the participation ratio. In any event revenue is not anticipated during this fiscal year. Staff recommends approval of the Budget Amendment of $270,000 for Investment Legal Counsel Services. RECOMMENDED ACTION: Approve budget amendment of $270,000 from Account 115.260.000 (General Fund Reserve) to Account 100.1401.250 (City Attorney, Contractual Services). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine funding of the legal counsel cannot be made and rescind previous contract authorization. 2. Determine a different account and amount distribution is necessary for the amendment, identify the amounts and accounts, and approve revised amendment. Acct. No.: To 100.1401.250 from 115.260.000 Appropriation Requested: $270,000 Citizen Advised: NA Requested by: NA Prepared by: Michael F. Harris, AICP, Assistant to the City Manager Coordinated with: David Rapport, City Attorney, Gordon Elton, Finance Director, and Candace Horsley, City Manager Attachments: 1. Reserve Fund accounting sheet, page 1. ~ac~ Ho~sle~,, (~i~ Ma~'a~l~r mfh:asrcc BA101895 GENERAL FUND RESERVE - FUND # 115 IBud.qeted amounts: Beginning fund balance 7/1/95 Transfer to General Fund #100 Transfer to General Fund #100 Budgeted ending fund balance 6/30/96 508,200I (lOO,OOO)I (9,999)I 398,201I $ $ 100.1910.250.000 $ $ Adjustments made during the fiscal year: Date Approved 9/20/95 Transfer to: Employee recognition dinner 9~20~95 Transfer to: Library support 10/4/95 Tfr to Attorney - Clean Water act Proposed Trf to Attorney - Investment litigation Account No. 100.1001.690.003 $ 100.1945.690.003 $ 100.1401.250.000 $ 100.1401.250.000 $ (2,450) (22,995) (20,000) (270,000) Revised ending fund balance 6/30/96 $ 82,756 RESERVES.XLS 10/12/95 Fund 115 AGENDA SUMMARY ITEM NO. 6e DATE: OCTOBER 18. 1995 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING THE REQUIREMENT TO STOP ON EASTBOUND MENDOCINO DRIVE AT GARDENS AVENUE SYNOPSIS: The Traffic Engineering Committee recommends to the City Council that the requireraent for vehicles to stop on eastbound Mendocino Drive at Gardens Avenue be established. The Committee received a request from Gary Pedroni for a stop sign at the referenced location at their regular meeting of Sept. 12, 1995. Mr. Pedroni is a resident who lives directly east of this intersection. BACKGROUND: The intersection is more off a "Y" intersection than a "T" intersection and it is currently not controlled by any signs. The application of the normal right of way role can be confusing for traffic approaching this intersection. This is especially true of westbound Mendocino Drive traffic that is proceeding south on Gardens Avenue at the same time as eastbound Mendocino traffic approaches the intersection. RECOMMENDED ACTION: Adopt the Resolution establishing the requirement to stop eastbound Mendocino Drive at Gardens Avenue. ALTERNATIVE COUNCIL POLICY OPTIONS: Not adopt the resolution and refer matter back to Staff. Acct. No. (if NOT budgeted):N/A Acct. No.: 100-3110-420 Appropriation Requested: N/A (If Budgeted) Citizen Advised: Gary Pedroni Requested by: The Traffic Engineering Committee Prepared by: Larry J. Woods, Associate Civil Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution for adoption 2. Traffic Engineering Report to Committee 3. Traffic Engineering Committee meeting minutes A:~tec-1 .wpd 1 5 6 ? 8 9 10 11 1:/ 13 14 15 16 17 18 19 20 21 22 25 26 27 25 RESOLUTION NO. TRAFFIC RESOLUTION ESTABLISHING THE REQUIREMENT FOR VEHICLES TO STOP ON EASTBOUND MENDOCINO DRIVE AT GARDENS AVENUE WHEREAS, the Ukiah City Council has received a recommendation from the Traffic Engineering Committee (Traffic Engineer) that vehicles be required to stop on eastbound Mendocino Drive at its intersection with Gardens Avenue. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 7100 of the Ukiah Municipal Code, vehicles shall be required to stop on eastbound Mendocino Drive at its intersection with Gardens Avenue. PASSED AND ADOPTED this following roll call vote: AYES: NOES: ABSENT: ABSTAIN: day of ,1995, by the Fred Schneiter Mayor ATTEST: City Clerk B:RES! MENDOCINO.STP TRAFFIC ENGINEERING COMMITTEE REQUEST FOR OONSIDERATION DATE: FROM: RECEIVED BY: SUBJECT: Sept. 5,1995 Gary Pedroni 261 Mendocino Drive. Ukiah, CA 468-5714 (Home) 463-4281 (work) Larry J. Woods Request for a stop sign on eastbound Mendocino Drive at at Gardens Ave. FOR CONSIDERATION AT MEETING DATED: Sept. 12, 1995 COMMENTS BY THE REQUESTOR: Speeding vehicles on eastbound Mendocino Drive do not slow down to yield to conflicting traffic from northbound Gardens Avenue. A recent one car accident of an eastbound car on Mendocino Dr. ended with the car stopping on the sidewalk on the south side of Mendocino Dr. after going through the intersection at a high rate of speed. The car's collision with the curb blew out two tires. The requested stop sign is similar to the stop sign at the north end of Helen Ave. at Mendocino Drive. STAFF BACKGROUND INFORMATION: There have been no reported accidents in 1994 at this intersection. Sight distance for eastbound Mendocino Dr. is somewhat limited and sight distance for northbound Gardens Avenue is restricted by a fence of non-conforming height. A diagram is attached. Requestor has been notified of the meeting date and plans to attend the meeting. ten-7.req 130 '3A~' 09 09 180 194 .® TRAFFIC ENGINEERING COMMITTEE UKIAH CIVIC CENTER Conference Room 5 300 Seminary Avenue Ukiah, California 95482 SEPTEMBER 12, 1995 MINUTES MEMBERS PRESENT OTHERS PRESENT DEWEY, Chris FERNANDEZ, .William HARRIS, Mike LOONEY, Jim TURNER, Steve WOODS, Larry (for Rick Kennedy) FORD, Steve - Chairman Shaun Hoffman Kathy Kinch Gary Pedroni MEMBERS ABSENT KENNEDY, Rick ,STAFF PRESENT Marge Giuntoli Recording Secretary The Traffic Engineering Committee meeting was called to order by Chairman Steve Ford at 5:32 p.m. Roll was called with the results listed above. MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 1 September 12, 1995 C. Request for Stop Signs on Eastbound Mendocino Drive at Gardens Avenue - Gary Pedroni, 261 Mendocino Drive Member Woods read the request, which involves a "T" intersection where traffic may decide on their own whether they have the right of way. There is a slight sight distance problem because of a fence on the parcel just to the west of the corner parcel. Eastbound traffic either cannot see northbound traffic or vice versa. Member Harris stated there is a provision in the zoning code that.nothing should be growing more than three feet high in the 20 foot setback. Member Woods said he found no record of reported traffics accidents but there was a recent one that was unreported. Gary Pedroni, resident, stated they are just requesting a single stop sign coming down the hill to Mendocino. Cars coming eastbound tend to gather a little more speed. The configuration is deceiving in the plan. It is not a tight "T" intersection. A driver can make the turn both ways at 45 mph and people do it regularly. His concern is for the children. Yokayo and St. Mary's let out the same time every day at 3 p.m. People park down on the other end of Mendocino and use Gardens rather than Dora. Children use Gardens and try and go up Mendocino. There has been one bicycle accident in the last ten years that resulted in a suit against the City. Chairman Ford stated the stop sign ends up being used like a yield sign at T intersections. The configuration is similar to Empire and Elm and to Magnolia and Oak. Empire goes through and Elm stops. Magnolia stops and Oak goes through. There are no clear markings as to what the through street is. Member Turner stated there is a yellow line on Empire at Elm as a control device to try and keep people on their own side of the road. Chairman Ford stated odd configurations make problems, but are fine if there is no traffic. Member Looney stated drivers going westbound on Mendocino Drive are not sure who has the right of way because it is a T intersection. Member Harris asked if there were issues with warrants at this location. Chairman Ford replied if they were going to put in a stop or yield sign there would be. Member Looney indicated these were confusing areas of indecision. Member Turner stated they should be considering where the through street is. He questioned the placement of the stop sign. Mr. Pedroni stated he wants to stop traffic coming down the hill. ON A MOTION by Member Turner, seconded by Member Fernandez, it was carried by the following MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 3 September 12, 1995 · roll call vote to recommend to the City Council, irregardless of the warrants, the stop sign on Mendocino Avenue, eastbound where it intersects Gardens, and also the delineation of the center line on Gardens that follows around the curved intersection, as a proactive safety device. Discussion followed regarding the warrant situation. It was suggested that the residents be surveyed as the Council will want to know the neighborhood's feelings. It should be designated which is the through street and which are the legs. The warrants on stop and yields are rather loose, making the decision based on which street best matches the warrants. It was determined that both streets have problems but they will go with the neighborhood recommendation for the sign. Member Dewey indicated he would see a difficulty in enforcing the current situation because of which car would have to yield. Chairman Ford indicated determining responsibility in an accident report is problematic. Mr. Woods stated there is a phrase in the warrants regarding sight conditions. Member Harris stated he was uncomfortable with the lack of information, and would vote against a yield sign. Member Fernandez indicated a stop sign was needed. Chairman Ford stated he wants information to back up the request to the Council. AYES: Members Dewey, Fernandez, Looney, Turner, Woods NOES: Members Harris, Chairman Ford ABSTAIN: None. ABSENT: Member Kennedy Member Turner advised Mr. Pedroni and Ms. Kinch to get the support of their neighbors. MINUTES OF THE TRAFFIC ENGINEERING COMMITTEE Page 4 September 12, 1995 ITEM NO. DATE: 6f OCTOBER 18. 1995 AGENDA SUMMARY REPORT SUBJECT: AWARD CONTRACT TO CENTRAL STRIPING SERVICE FOR THE PLACEMENT OF "STREET STRIPING 1995", SPECIFICATION NO. 95-21 In response to the City's Request for Proposals for placing street stripes, the City Clerk received and opened two (2) proposals on October 10, 1995. The results of the bid opening are shown on the attached bid tabulation. The lowest responsible bidder is Central Striping Service of Rancho Cordova with a Base Bid of $9,740.85 and a total Additive Bid of $1,751.05 for Additive Bid Items 1 through 6 inclusive. The sum of the low Base Bid and Additive Item Bid is $11,491.90. The Engineer's estimate for the Base Bid is $12,383.25 and the Additive Items Bid is $1,980.50 for a total of $14,363.75. The 1995/96 budget included $22,000.00 for the Contractual Services portion of the Street Maintenance Division's budget in Account No. 100-3110-250. The proposed contract is a unit item contract based on estimated quantities. The final contract amount may be less than or more than the total bid amount of $11,491.90 depending upon actual quantities of contract items installed. The work of the contract is to begin within 10 days following the Contractor's receipt of a notice that the contract has been executed by the City and shall be completed within twenty one (21) calendar days. RECOMMENDED ACTION: Award the Unit Item contract to Central Striping of Rancho Cordova in the amount of $11, 491.90 for the total of the Base Bid plus the total Additive Bid for the placement of"Street Striping 1995", Specification No. 95-21. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Award said contract to Central Striping Service of Rancho Cordova in the amount of $9,740.85 for the Base Bid only. 2. Reject all bids and not award the contract. Acct. No. (if NOT budgeted):N/A Acct. No.: 100-3110-250 Appropriation Requested: N/A (If Budgeted) Citizen Advised: Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Larry Woods, Associate Civil Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Bid Tabulation 2. Appendix A - Quantities and Location of Work A:h~s-5-21 a.wpd STREET STRIPING 1995 Appendix A Quantities (Linear Feet) SZ.EEr I B.O.E. 4' SOUO4' t SOUDr DOUBLE I 8,KEL^.E4- Bi.ELA. Ee- WHITE YELLOW WHITE I YELLOW WHITE YELLOW WHITE WHITE Airport Park BIv~l. 37381 458 Barnes 560 50 Bush 4875 152 100 630 7850 7850 Capps Ln. 1935 Clara 2450 200 50 Clay 3605 Clubhouse Dr. 760 35 Commerce 1275 Cooper/Betty 885 195 Cyprass 885 32 120 De~pina 2215 625 625 Dora Ave. 1865 Dora St. 8880 115 680 18400 18400 Elm 580 Empire 2465 100 490 Ford 505 895 200 Gobbi 2900 540 3500 2050~ Grove 2035 3150 3150j Hastings 2000 190 80 Highland 385 Laurel/Wabash 165 Leslie 2205 85 140J :Live Oak 1490 100 Lorraine 1025 Low Gal3 4875 50 585 950 74001 ILuce 2385 IMain 2885 110 845 Mal31e 1835 2151 IMason 50 50 Mendocino Dr. 315 Mi, 360~ Norton 535 100 200! Oak 6600 Oak Manor 2235 'Oak/Magnolia 860 Observatory 2470 _Orchard 2050 590! 2420, Park Blvd. 985 380 Perkins 3990 1095 9101 2850 Pine 550 125 195 ~ver Road (Babcock) 425 240 School 1650 1380 Scott 865 Spring 3095 ,St andley 130 4200 60 1401 State 1385 1095 100 6251 12605; Talme~le Talma~le Fronta~le 660 80 Talma<[le/Betty 1170 170 Todd 50 265 Wabash 1830 _Walnut 2340 _Washington 2500 Washo Dr. 150 Wau~h Ln. 80 330 T~otals 9243 95395 100 5634 3968 29045 30975 39475, INVENTRY.XLS { / CITY OF UKIAH BID TABULATION STREET STRIPING 1995 Speciflca~n No. 95-21 Account No. 100-3110-250 10110195 CONTRACTOR #1 CONTRACTOR #2 BID OPENING: OCTOBER 10,1995 ENGINEER'S ESTIMATE CENTRAL STRIPING SERVICE PRICE STRIPING SERVICE 11391 PYRITES WAY 1680 ELK VALLEY RD. RANCHO CORDOVA, CA 95670 CRESCENT CITY, CA 95531 ITEM NO. QUAN¥iTI' UNIT DESCRIPTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID I 9245 LF ; B~oken White 4" $0.05 $462.25 0.025 $231.13 0.04 $369.80 2 86905 LF Broken Yellow 4" $0.05 $4,345.25 0.025 $2,172.63 0.045 $3,910.73 3 100 LF Solid White 4" $0.06 $6.00 0.05 $5.00 0.061 $6.00 4 2225 LF Solid Yellow 4" $0.06 $133.50 0.05 6111.25 0.05 $111.25 5 3755 LF Solid White 8" $0.18 $675.90 0.10 $375.50 0.15 6563.25 6 28525 LF Double Yellow $0.12 $3,423.00 0.12 $3,423.00 0.11 $3,137.75 7 21095 LF Bike Lane 4" White $0.06 $1,265.70 0.05 $1,054.75 0.06 $1,265.70 8 29595 LF Bike Lane 6" White $0.07 $2,071.65 0.08 $2,367.60 0.07 $2,071.65 TOTAL AMOUNT OF BASE BID $12,383.25 $9,740.85 $11,436.13 ADDITIVE BID ITEMS State St. - South of Washington Ave. B4Jsh St. - Low Gap Rd. to Grove Ave. Do~a St. - Grove Ave. to Mill St. . 1 8490 LF Broken Yellow 4' $0.05 $424.50 ' 0.025 $212.25 0.04 $339.60 2 3410 LF Solid Yellow 4' $0.05 $170.50 0.05 $170.50 0.05 $170.50 3 215 LF Solid White 8" $0.18 $38.70 0.10 $21.50 0.15 $32.25 4 520 LF Double Yellow $0.12 $ 62.40 0.12 $62.40 0.11 $57.20 5 9880 LF Bike Lane 4" White $0.06 $592.80 0.05 $494.00 0.05 $494.00 6 9880 LF Bike Lane 6" White $0.07 $§91.60 0.08 $790.40 0.07 $691.60 TOTAL AMOUNT OF ADDITIVE BID ITEMS $1,980.50 $1,751.05 $1,785.15 TOTAL AMOUNT OF BID $14,363.75 $11,491.90 $13,221.28 BID~'AB.XLS The evaluated low equivalent cost bidder for each unit is as follows: One 75 KVA Western States Electric $5,627.40 One 150 KVA General Electric Supply Company $8,131.70 One 1000 KVA Western States Electric $18,264.67 Bids include total tax and delivery. The funds to purchase these transformers are budgeted and approved for Fiscal Year 1995/96 in Account No. 800-3646. ITEM NO. 6g DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: Award bid for one 75 KVA and one 1000 KVA wansformer to Western States Electric for $5,627.40 and $18,264.67, respectively, and one 150 KVA transformer to General Electric Supply Company for $8,131.70. A Request for Quotations (RFQ) for the following transformers were written: a) One 75 KVA dual voltage padmount transformer for underground maintenance; b) One 150 KVA dual voltage padmount transformer for underground maintenance; c) One 1000 KVA padmount for the Mendocino Brewing Company project. The City sent sixteen (16) bids and seven (7) bids were returned. The bids were opened by the City Clerk on October 11, 1995 at 2:00 p.m. Each bid was evaluated using an equivalent cost of ownership formula as stated in the specifications. This formula calculates the transformer energy losses and adjusts the vendor's bid to the actual cost of the unit over its projected life. This means that although there may be a lower bid, the cost of losses over the life of the transformer makes the cost of ownership higher than the transformer with a higher bid. The Equivalent Cost of Ownership Summary Sheet ranks the units in descending order based on the Equivalent Cost of Ownership. (Continued on Page 2) RECOMMENDED ACTION:Award bid for one 75 KVA and one 1000 KVA wansformers to Western States Electric for $5,627.40 and $18,264.67, respectively, and one 150 KVA transformer to General Electric Supply Company for $8,131.70. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and request new bids. Acct. No. (if NOT budgeted):N/A Acct. No.: 800-3646 Appropriation Requested: N/A Distribution Plant Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Martin Wobig, Electrical Distribution Eng. 463-6296 Coordinated with: Candace Horsley, City Manager /' Attachments: 1. Equivalent Cost of Ownership Sheets APPROVED:~ ')-- mw: asr b O0 00 uJ0 tuo ~~ - ~ + 0 Z + 0 qm~W O~~ o Oxx~ ~jwO j~ w -- 0 §o 0z ~z 0 m~O00 m ~< ~~.zzz ~< o 0 wO 0 ~u z < ~ 0 0 z ~ ~o _o~ z ITEM NO. 6h DATE: AGENDA SUMMARY REPORT SUBJECT: Reject Bid for Bolted Steel Water Storage Tank REPORT: Included in the 1995/96 budget is the replacement of the badly deteriorated redwood tank located at the top of Mendocino Place. Preliminary estimates indicated that this tank, including erection labor should cost approximately $28,000. Bids were sent out to three tank manufacturers in late September and opened on October 10, 1995. The only responder was Superior Tank Company with a bid of $36,996. Staff feels that the bid from Superior Tank Company is quite high compared to our engineer's estimate and requests that this bid be formally rejected and authorize re-bid of this project. RECOMMENDED ACTION: Reject the bid from Superior Tank Company and authorize staff to go out bid again. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Accept the bid from Superior Tank Company for the amount of $36,996. Acct. No. (if not budgeted): Acct. No.: 820-3850-690 Appropriation Requested: (If Budgeted) Citizen Advised: ../~ ~-~ Requested by: Darryl L. Barnes, Director of Public Utilities 24--¢(/~)~j,,ct__~ Prepared by: George Borecky, Water/Sewer Operations Superintendent~ Coordinated with: Candace Horsley, City Manager Attachments: AGENDA SUMMARY ITEM NO. a~ DATE: 10/18/95 REPORT SUBJECT: Award Bid for River Bank Repair Project at the Wastewater Treatment Plant to Mendocino Construction Services for an Amount not to Exceed $254,482. REPORT: Flood events of the 1992-93 and the 1994-95 wet seasons resulted in severe river bank failures at the wastewater treatment plant. In April 1995 the City Council authorized the award of bid for the design of the repair. In September 1995 the final design was approved and requests for quotations for the repair work were sent to over fifty licensed contractors and builders exchanges. Five bids were opened by the City Clerk on October 10, 1995. The bids were evaluated and the low bidder was Mendocino Construction Services, Willits, CA, with a total bid of $254,482 (detailed tabulation of bids is attached). This project was not funded in the 1995/96 budget. Funds will be transferred from the 620 City capital account and the 650 UVSD capital account to the 612 operating account. Funds will be transferred at the proportionate ratio of City/District customers which is currently 57 % City and 43% District. This will result in the following costs; $144,520 City, $109,962 District. When FEMA funds are received, the capital accounts will be reimbursed at the same ratio as used above. RECOMMENDED ACTION: Award the bid for the River Bank Repair Project to Mendocino Construction Services for an Amount not to Exceed $254,482, and authorize bud§et transfer. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject all bids Acct. No. (if not budgeted)' 612-3580-250 Acct. No.: Appropriation Requested: (If Budgeted) Citizen Advised: ,/7 Requested by: Darryl L. Barnes, Director of Public Utilities "~,~/~4/k~-~-''-~ Prepared by: George Borecky, Water/Sewer Operations Supenntendent~ Coordinated with: Candace Horsley, City Manager Attachments' 1. Tabulation of Bids 2. City/District Capital Reserve Fund Transfer Detail Sheet 0 Z 0 0 0 0 0 0 0 0 O3 0 0 O0 ('~ 03 0 O0 CITY SEWER CAPITAL RESERVE - FUND #620 IBudReted amounts: Beginning fund balance 7/1/95 Revenue budgeted Expenses budgeted Budgeted ending fund balance 6/30/96 $ 718,833 $ 90,885 $ (11,ooo) $ 798,718 Adjustments made durinq the fiscal year: Date Approved Proposed Pond bank reconstruction Account No. 612.3580.250.000 $ (144,520) Revised ending fund balance 6~30~96 $ 654,198 RESERVES.XLS 10/12/95 Page 14 Fund 620 DISTRICT SEWER CAPITAL RESERVE - FUND #650 IBud.qeted amounts: Beginning fund balance 7/1/95 Revenue budgeted Expenses budgeted Budgeted ending fund balance 6/30/96 I 1,132,427 I 56,688I I 1,178,115I Adjustments made durin.q the fiscal year: Date Approved Proposed Pond bank reconstruction Account No. 612.3580.250.000 $ (109,962) Revised ending fund balance 6/30/96 $1,068,153 RESERVES.XLS 10/12/95 Page 15 Fund 650 ITEM NO. 6~ DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF REQUEST TO EXTEND THE REDWOOD BUSINESS PARK TENTATIVE SUBDIVISION MAP SUMMARY: Mr. Gary Akerstrom, Agent for the Redwood Business Park of Ukiah is requesting a three (3) year extension to the previously approved Redwood Business Park Tentative Subdivision Map (TSM). The original map was conditionally approved by the City on Apdl 16, 1986. At the request of the subdivider, the life of the TSM was extended until October 16, 1991. One (1) month prior to that date, the subdivider requested an additional three (3) year extension. Dudng consideration of this request, it was determined that the extension could not be granted without the conduct of proper environmental review. The matter was tabled until the Airport Industrial Park Environmental Impact Report was prepared and certified. That document was certified by the City Council on August 16, 1995. The City is now processing the 1991 request for a three (3) year extension of the Tentative Subdivision Map. On September 27, 1995, the City Planning Commission conducted a public hearing on the matter, and after considerable discussion, voted unanimously to recommend extension of the map by the City Council. RECOMMENDED ACTION: 1) Adopt the attached Resolution making CEQA findings in connection with the extension of the Redwood Business Park Tentative Subdivision Map; and 2) Extend the map for three (3) additional years. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Deny the Tentative Subdivision Map extension request Appropriation Requested: N/A Citizen Advised: Applicant, Gary Akerstrom/Redwood Business Park of Ukiah Requested by: Gary Akerstrom/Redwood Business Park of Ukiah Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager; Bob Sawyer, Planning Director; Rick Kennedy, City Engineer; and David Rapport, City Attorney Attachments: 1. Planning Commission Staff Report, dated September 21, 1995. 2. Planning Commission minutes, September 27, 1995. 3. Resolution making CEQA findings APPROVED: CITY OF UKIAH PLANNING REPORT DATE: TO: FROM: SUBJECT: APPLICANT: September 21, 1995 City of Ukiah Planning Commission City of Ukiah Planning Department Redwood Business Park Tentative Subdivision Map Extension Gary Akerstrom/Redwood Business Park of Ukiah PROJECT SUMMARY: Approval of the Redwood Business Park Tentative Subdivision Map Extension request would extend the life of the map for three (3) years. PROJECT LOCATION: The Redwood Business Park is situated within the central and northern portion of the Airport Industrial Park. DEPARTMENT RECOMMENDATION: The City Engineer and Planning Department recommend that the Planning Commission recommend APPROVAL of the Tentative Subdivision Map extension request to the City Council based on the analysis, conclusions and findings contained in this staff report. ENVIRONMENTAL DOCUMENTATION: On August 16, 1995, the City Council certified the Airport Industrial Park Environmental Impact Report (EIR). This project was included in the project description for evaluation in the EIR. GENERAL PLAN DESIGNATION: Industrial, Commercial/Industrial Mix ZONING DISTRICT: P-D Planned Development PROJECT DESCRIPTION: The applicant is proposing to extend the life of the Redwood Business Park Tentative Subdivision Map for three (3) more years. PROJECT BACKGROUND: The Redwood Business Park Tentative Subdivision Map (TSM) was conditionally approved by the City on April 16, 1986. At the request of the subdivider, the life of the TSM was extended until October 16, 1991. One (1) month pdor to that date, the subdivider requested an additional three (3) year extension. During consideration of this request, it was determined that the extension could not be granted without the conduct of proper environmental review. The matter was tabled until the Airport Industrial Park Environmental Impact Report was prepared and certified. That document was certified by the City Council on August 16, 1995. The City is now processing the 1991 request for a three (3) year extension of the Tentative Subdivision Map. STAFF ANALYSIS: The applicant has indicated that the purpose of requesting the'time extension is to preserve the validity of the associated infrastructure Improvement Plan. This approved plan contains the alignment and construction details for the roadways and utilities within the Redwood Business Park. If the Tentative Subdivision Map is not extended, the associated Improvement Plan becomes null and void. A new Tentative Map and Improvement Plan would have to be submitted, reviewed and approved pdor to construction of subdivision improvements. The City Engineer has carefully reviewed the existing Tentative Subdivision Map and the current development pattem in the Redwood Business Park. He has indicated that through various recent permit and boundary line adjustment processes, particularly the Friedman Brothers project, portions of the originally approved subdivision are not being developed in a manner consistent with the Tentative Map. The Friedman Brothers project is located on lots D3, D4, D5, E2, E3, E4, and portions of D6 and E1 of the Redwood Business Park Tentative Subdivision Map. These lots no longer exist as a result of a boundary line adjustment associated with the Friedman Brothers project. They have been reconfigured into one parcel to accommodate the large retail building, parking facility and associated improvements. Additionally, the extension of Commerce Ddve as a looping frontage road to Highway 101, as indicated on the approved Tentative Subdivision Map is no longer possible as a result of the Fdedman Brothers project. Even though the development pattem that is occurring is inconsistent with a potion of the previously approved Tentative Subdivision Map, it is not occurring illegally, because the lot line adjustments and discretionary permits have undergone review processes consistent with State and local laws. Moreover, there would be no detriment to the City if the map is extended. In fact, it would be advantageous to the City to retain the validity of the infrastructure Improvement Plan, because the City owns a right-of-way over the unimproved podion of Airport Park Boulevard, and intends to implement the improvement plan in the near future. CONCLUSIONS: The City conditionally approved the applicant's Tentative Subdivision Map for the Redwood Business Park in 1986. Since that time, various lots have been significantly reconfigured to accommodate development projects. Subsequent to the approval of the Fdedman Brothers project and associated boundary line adjustment, a portion of Commerce Drive fronting Highway 101 will not be constructed, and the Friedman Brothers lot does not conform to the Tentative Map. While this process of "tailoring" lots to satisfy the needs of specific projects is neither illegal nor illogical, it is inconsistent with the approved design of the original subdivision. However, because there would be no detriment to the City if the map is extended, and it would preserve the validity of the Improvement Plan, staff is supportive of the request to extend the life of the map. FINDINGS: The staff recommendation for approval of this Tentative Subdivision Map extension request is based on the following findings: . Extension of the approved Tentative Subdivision Map is consistent with State and local subdivision laws, because the extension was requested prior to the expiration of the map. , Extension of the approved Tentative Subdivision Map is consistent with the goals and policies of the City General Plan. . Extending the approved Tentative Subdivision Map would maintain the validity of the associated infrastructure improvement plans. . Extending the approved Tentative Subdivision Map would not be detrimental to the health, safety or welfare of the general public, because it merely lengthens the life of a previously approved project. A'n'ACHMENTS: 1. Location Map 2. Copy of Redwood Business Park Tentative Subdivision Map (8 1/2"x 11"). ACKNOWLEDGMENTS: The following pemonnel prepared and reviewed this Planning Report, respectively: ," ~Il~IF~Cl. /' ,~/arl~mp, nlo~Pl~ner U Ha$1ings Avenue Redwood Business Park Location Map WAL- · o, I~ART · · · Commerce ~' Drive 1:: 0 REDWOOD -7 BUSINESS PARK .AIRPORT BUSINESS PARK . , % Vine- . xX '5 REDWOOD BUSINESS PARK Tentative Subdivision Map MINUTES CITY OF UKIAH PLANNING COMMISSION SEPTEMBER 27, 1995 MEMBERS PRESENT OTHERS PRESENT Cheryl Baker Eric Larson Judy Pruden Brent Smith Philip Ashiku, Chairman Gary Akerstrom MEMBERS ABSENT None STAFF PRESENT Rick Kennedy, City Engineer David Rapport, City Attorney Charles Stump, Senior Planner Merge Giuntoli, Recording Secretary The regular meeting of the City of Ukiah Planning Commission was called to order by Chairman Ashiku at 7:03 p.m. Roll was taken with the results listed above. APPROVAL OF MINUTES - September 13, 1995 ON A MOTION by Commissioner Larson, seconded by Commissioner Pruden, it was carried by the following roll call vote, to approve the Minutes of September 13, 1995 as submitted with the following corrections: Commissioner Larson recommended the following corrections to the Minutes: Page 6, Paragraph 5, 1st Sentence, delete "include," insert "preclude." Page 7, Paragraph 3, 2nd Sentence, delete "20 acre," insert "20,000 sq.ft." Page 12, Paragraph 3, 2nd Sentence, amend to read, "It was the consensus of the Commission to advise the revision of the language, and put all general retail stores in the 'general retail' category, eliminating the specific listings, and leaving the permitted uses. AYES: NOES: Commissioners Baker, Larson, Pruden, Smith, Chairman Ashiku None. MINUTES OF THE PLANNING COMMISSION Page 1 September 27, 1995 ABSTAIN: None. ABSENT: None. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS None. APPEAL PROCESS Chairman Ashiku read the Appeal Process to the audience. PUBLIC HEARINGS Ae Redwood Business Park Tentative Subdivision Map Extension, as filed by Gary Akerstrom/Redwood Business Park of Ukiah, to extend the conditionally approved Redwood Business Park Tentative Subdivision Map for three (3) years. Senior Planner Charles Stump advised there is a request to extend the Tentative Subdivision Map for the Redwood Business Park. This map was conditionally approved in April 1986 and extended to 1991. Prior to it expiring in that year, the subdivider requested an additional extension. That request was never completed in its processing and the matter was essentially tabled until proper environmental review could be conducted. That review was the subsequent Airport Industrial Park EIR, certified by the City Council in August, and now the request to extend the Tentative Subdivision Map is being processed. The applicant has indicated that the primary purpose for requesting the extension is to preserve the validity of the associated infrastructure improvement plan. If the tentative map were not extended and the map should expire, the associated improvement plan would expire along with it. Staff has conducted an analysis of this request, and it is clear that through a number of various processes the lots that are being configured as a result of the Friedman Bros. project and a series of boundary line adjustments are no longer entirely consistent with the Tentative Subdivision Map. The original lots underlying the Friedman Bros. project have become one lot. Commerce Drive, which on the Tentative Subdivision Map hooks around and loops as a frontage road, is no longer possible in its entirety as a result of the Friedman Bros. project. However, even though the development pattern that is occurring is inconsistent with a portion of the previously approved Tentative Subdivision Map, it is not occurring illegally or illogically. The property owner is making boundary line adjustments to respond to interested parties who want to buy and develop the property. He has gone through the legal processes to establish the lots through the boundary line adjustment process, and staff is unable to find any real detriment to extending the Tentative Map although it is not entirely consistent with what is actually occurring on the property. Moreover, the staff believes it would be MINUTES OF THE PLANNING COMMISSION Page 2 September 27, 1995 advantageous to some degree to the City to extend the map as it would preserve the validity of the improvement plan, that is, the details for the road construction and utility alignment and construction. The City has an interest in the right of way and would be using the improvement plans. Even though the property owner has been tailoring the lots to satisfy the needs for specific projects, staff believes extension of the map is not detrimental to the City and is in the best interest of the City. Staff recommends that the Tentative Subdivision Map be extended. Commissioner Larson asked if the right-of-ways for the circulation system are dedicated to the City. Mr. Stump answered that a portion of Airport Park Boulevard is. City Engineer Rick Kennedy stated a portion of Commerce Drive that runs east and west from the railroad tracks to the freeway has been dedicated. Commerce Drive at the freeway terminates similar to a cul-de-sac. The City has recently acquired an easement on Airport Park Boulevard from where the dedication existed adjacent to Lot D2 and now have it all the way to the southerly boundary of the Redwood Business Park. Commissioner Larson asked if it was correct that not all the streets shown on the map were City property. Mr. Kennedy replied that was correct. Commissioner Larson asked where this map would go in the future. Where is the final map? Mr. Kennedy replied the tentative map allows the applicant to file a final map. He does not have to file a final map on the complete tentative, but can do it in phases. When he does file a final map, it must substantially conform to the tentative map. Should the Planning Commission recommend approval of the extension and the City Council does extend the map, it does not require the developer to file a final map. He has the right to. He can further develop through a parcel map process by filing a tentative parcel map with the City, or do boundary line adjustments. Commissioner Larson asked if this map protects the City's easements. Mr. Kennedy replied the easements are protected because they are recorded. Improvement plans were prepared when the final map of Unit//1 was filed. When the applicant filed that map he filed a set of street improvement plans for Airport Park Boulevard and all of Commerce and a grading plan for the entire park. Those plans were approved. MINUTES OF THE PLANNING COMMISSION Page 3 September 27, 1995 Commissioner Larson indicated he was trying to understand the function of the map and how it fits into the process of development. Commissioner Pruden asked if they can anticipate that as the park continues to be developed they will continue to see significant boundary line adjustments according to buyers needs, and that eventually the map will look different at buildout than it does currently. Mr. Kennedy replied the applicant would like to protect his improvement plans. He could file a final map on a portion of the tentative map on those areas that have not been developed to date. He can further develop the property not consistent with the boundary line adjustments or parcel maps. Commissioner Pruden asked again if they can anticipate continued boundary line adjustments. Mr. Stump replied that it was a possibility, and could occur. Commissioner Pruden asked if, at full development or buildout, the subdivision map could look considerably different. Mr. Stump replied it was a possibility that at buildout the actual lot configuration will not resemble this tentative map. Commissioner Pruden asked if it was a problem if there was no resemblance between the two maps. Mr. Kennedy replied there could be a technical problem if the applicant wants to file a final map, because both the City Engineer and the Chairman of the Planning Commission have to certify that the final map is in substantial conformance to the tentative map. Should the applicant file a final map for that area regarding Commerce Drive where it is supposed to go across the railroad tracks, and instead he shows on the final map he is going to cul-de-sac it, the final map would not be consistent with the tentative map. The City Engineer feels, if this were the case in the future, he could not make the statement the final map is in substantial conformance with the tentative map, and couldn't recommend acceptance of the final map to the City Council. Mr. Stump stated at that point the applicant would have the option of amending the tentative map, then filing the final map to reflect the change. Chairman Ashiku confirmed in essence it is a moot point as it could be amended to be consistent. MINUTES OF THE PLANNING COMMISSION Page 4 September 27, 1995 Commissioner Baker asked why wouldn't the applicant file an amendment to the tentative map at this point? Mr. Kennedy replied the applicant could be subject to further conditions of approval. Commissioner Baker confirmed that if they approve staff's recommendations, and the applicant keeps getting project by project approval until the park is built, then comes and amends the tentative map and files the final, then it is planned project by project as it goes along. Mr. Stump stated that even if the tentative map expires, the applicant doesn't have to file another tentative map. He can file parcel maps and do boundary line adjustments and build the park out. Mr. Kennedy stated that extending the tentative map protects plans that have already been approved pursuant to that plan. In essence it is the alignment of Airport Park Boulevard. That is the applicant's position. The City Engineer feels that since there is an easement on Airport Park Boulevard, the City Engineer has adopted those plans for improvement. Chairman Ashiku indicated that it protects the City's interests as well. Mr. Kennedy stated he thinks they are already protected, with or without the tentative map. However, the grading plan that has been approved would no longer be approved if the tentative map expires. Chairman Ashiku asked if the City derived any other benefits. Mr. Kennedy replied in the negative. Commissioner Larson asked if it was necessary to file a final map. Mr. Kennedy replied it was not required. Commissioner Larson stated he understood this could go on and buildout could occur and no final map would need to be filed, making it pretty much a developer's option. All they would have control over is Airport Park Boulevard. Mr. Kennedy replied that they had control over the entire park via the Planned Development Ordinance. Commissioner Larson stated he meant as far as parcel configuration. MINUTES OF THE PLANNING COMMISSION Page ,5 September 27, 1995 Mr. Kennedy responded that was correct. PUBLIC HEARING OPENED: 7:26 p.m. Gary Akerstrom, representing Redwood Business Park, stated the whole thing may sound confusing, but normally in a bigger community you would have a market for different types of lots. It is very difficult to get large block planning in Ukiah when you don't have a large block of marketable property. If you are doing a residential subdivision, you have a limited number of residential lots, and can pretty much determine the configuration of the lot because you know what the uses will be. It's easy at the tentative stage to know what the final map will look like. About two revisions back, in the Subdivision Map Act, the way to handle a commercial subdivision would be to file a tentative map that would show the boundaries of the main streets, but not file a final map, and as the clients came forward you would define the individual lots with a record of survey. They revised that out of existence and did a major foulup for the smaller communities, where there is not the market for a 100 acre commercial subdivision. It is very difficult to say where the boundary lines are going to be because we don't know the individual clients. When they did the boundary line adjustments for Costco, a couple of members of the City Council were shocked we could reconfigure without formal approval from the Council. We told them not to be surprised because they will see it again, since we don't know the final configuration. The final map won't be the same, but the main street will look the same. In 1986, we did a complete design covering all the grading, water, sewer, drainage, and landscaping, but had the understanding that in the future we may have to use minor subdivisions and boundary line adjustments, and may have to amend the tentative map. We can't do it now because we don't know what it is going to look like. Once a tentative map is filed, we do not have to file a final map. If you have a big map, you can file parts of it in terms of phases. But if a final map is filed, it has to conform to the tentative map. It you wanted to file a final map that did not follow the tentative map, then you would have to come back and amend the tentative map to fit that. Commissioner Larson asked Mr. Akerstrom why he would ever want to file a final map. Mr. Akerstrom replied if he wanted to develop some lots facing Airport Park Boulevard, they could file a final map, and if it conformed to those lots, then all you would have to do is process that through. If you file a final map on a larger portion, then you could amend this portion of the tentative map and come back and file a final map. Commissioner Larson asked the question again. MINUTES OF THE PLANNING COMMISSION Page 6 September 27, 1995 Mr. Akerstrom replied that it was a way to develop lots. You can't make lots by boundary line adjustments. You cannot create a lot, so if you need additional lots a subdivision process could be used· PUBLIC HEARING CLOSED: 7:34 p.m. Commissioner Baker asked City Attorney David Rapport if there was any liability created by carrying on and failing to follow their own approved plan. Mr. Rapport responded that it is not the City who is or is not following it. The City is being asked by the developer to extend an already approved tentative map. Commissioner Baker agreed, but stated they are also permitting development that is creating conflict with this map. Mr. Rapport responded there are a variety of different devices available to the City to regulate how that park develops. One of them is through the Subdivision Map Act process, and another of them is the site development permits required under the development plan. Another is the approval of the development plan for the park. Regardless of what happens with the tentative map, each time a new project comes in there will be a discretionary review of that project. It will still be the approval process. The applicant has a right to file a tentative map and get it approved, and can decide whether or not to file final maps based on the tentative map. He further stated the City has no liability concerns here. Commissioner Baker stated it concerns her where they have information on the nondevelopment of Commerce Drive, and the tentative map still has the extension of Commerce Drive on it, and asked if that created an opportunity for someone to sue the City for allowing development not in conformance with the tentative map. Mr. Rapport replied he doesn't think the City could be sued for allowing development that is inconsistent with the tentative map. ON A MOTION by Commissioner Pruden, seconded by Commissioner Smith, it was carried by the following roll call vote, to recommend approval of the Tentative Subdivision Map extension request to the City Council, based on the following Findings: FINDINGS: I · Extension of the approved Tentative SubdiVision Map is consistent with State and local subdivision laws, because the extension was requested prior to the expiration of the map. MINUTES OF THE PLANNING COMMISSION Page 7 September 27, 1995 . Extension of the approved Tentative Subdivision Map is consistent with the goals and policies of the City General Plan. , Extending the approved Tentative Subdivision Map would maintain the validity of the associated infrastructure improvement plans. . Extending the approved Tentative Subdivision Map would not be detrimental to the health, safety, or welfare of the general public, because it merely lengthens the life of a previously approved project. AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden, Smith, Chairman Ashiku None. None. None. PLANNING DIRECTOR REPORT Ae City Council and Redevelopment Agency Actions Future Planning Commission Agenda Items Mr. Stump advised the City Council has scheduled a joint Council/Planning Commission workshop on Wednesday, November 29, 1995, 6:00 to 8:00 p.m., Council Chambers. Staff will be agendizing items to talk about with the City Council at the next Planning Commission meeting. He urged the Commissioners to think about topics for discussion and what they wanted to talk about in general. Commissioner Pruden asked what the agenda items were for the next Planning Commission meeting. Mr. Stump answered there had been quite a few applications but he doesn't know if they will be on the next agenda. There will be plenty of time to talk about the joint meeting with the City Council. Commissioner Larson inquired regarding the General Plan. Mr. Stump replied the General Plan is slated for formal adoption on October 18. There will be a "paper product" available for Council's consideration and it will go to print once they formally adopt. Discussion followed regarding the General Plan, specifically the housing element. It was determined the City may have to publicly notice a meeting if Council makes changes to the General Plan. MINUTES OF THE PLANNING COMMISSION Page 8 September 27, 1995 RESOLUTION NO. 96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH THE EXTENSION OF THE REDWOOD BUSINESS PARK TENTATIVE SUBDIVISION MAP WHEREAS: 1. The City of Ukiah, as Lead Agency, has prepared a Subsequent Environmental Impact Report ("EIR"), consisting of a Draft Subsequent Environmental Impact Report, dated March, 1995 ("DEIR"), and a Final Subsequent Environmental Impact Report, dated July, 1995 ("FEIR"), for the proposed extension of the Redwood Business Park Tentative Subdivision Map; and 2. The EIR has identified significant environmental impacts of the projects; and 3. The City Council certified the EIR on August 16, 1995; and 4. The City Council has chosen to approve the request for an extension of the Redwood Business park Tentative Subdivision Map; and 5. Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental impacts, unless it makes specified findings; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. The EIR was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. The EIR was considered by both the Planning Commission and City Council at noticed public hearings on August 9, 1995 and August 16, 1995, respectively, which were conducted in full compliance with all legal requirements. 3. The City Council has considered all documents submitted for consideration pdor to or during the hearings it conducted and all testimony presented during the hearings as well as the EIR, the Staff Report, dated August 4, 1995, the recommendation of the Planning Commission, and the Staff Report, dated August 11, 1995. The Staff Reports are incorporated herein by reference. It has also independently reviewed and considered this resolution. . reference. The project is described in the EIR. This description is incorporated herein by 5. The EIR evaluated the impacts of the project, as well as its impact in combination with impacts from past, present, and probable future projects, including impacts from the eventual buildout and completion of the Redwood Business Park. Those impacts, both individual and cumulative, along with recommended mitigation measures and suggested conditions of approval, are summarized in this resolution. 6. Measures designed to avoid or substantially lessen significant effects of future development projects within the Redwood Business Park will be imposed on projects as buildout occurs and the significance thresholds identified in the EIR are reached. In this way, full mitigation will be achieved as development occurs and is phased over time within the RBP. 7. Geology. The EIR geotechnical consultants determined that there were no significant geotechnical constraints on the site. Site soils may be subject to expansion and/or some settlement. It will be necessary to upgrade soils or construct proper foundations to ensure the future buildings are not damaged by settlement. All necessary fill materials and activities must be properly engineered to ensure the long-term integrity of future improvements. Site grading and trenching will result in bared soils. The surface soils and poody consolidated terrace soils will be prone to erosion. This is a potentially significant impact since eroded soils can adversely affect water quality and ultimately the aquatic habitats of the Russian River. Geology Mitigations: The EIR recommends that all future individual projects be required to have complete geotechnical investigations, and that future developers secure General Construction Activity Permits from the Regional Water Quality Control Board. Geology Finding: Mitigation measures are reasonable, feasible, and effective. The City finds that implementation of these mitigation measures will avoid or reduce to acceptable levels the geological impacts resulting from the buildout of the Redwood Business Park (RBP). These measures will become conditions of project approval and will be monitored by the City Engineering and Planning Department staff during the grading and building permit process as well as during the construction phases of all projects within the RBP. 8. Hydrology and Drainage. Buildout of the RBP will increase the amount of impervious surfaces on the site and, thus, increase the amount of runoff during the 10-year and 100-year storms. Increased flows from the site will have a minor impact on flooding east of the freeway, and could slightly increase the extent and duration of flooding on the orchard to the east. This orchard impact, however, would not be caused solely by the site runoff; rather, it would typically occur only in conjunction with some overbank flooding of the Russian River. Because buildings must be constructed so that their floors are at least one foot above the 100-year flood elevation, it will be necessary to fill lower portions of the property; the Redwood Business Park already has a City-approved drainage plan that includes filling of areas below flood elevations. Filling has already occurred in the northern portion of the site. After fill is placed on Iow-lying portions of the property, flooding will be restricted to drainage ditches and storm drain infrastructu re. 2 Hydrology/Drainage Mitigations: Buildout of the RBP will not result in significant drainage related impacts. However, mitigations measures are recommended to resolve the minor drainage issues discussed above. These measures include, requiring all buildings to be elevated above the 100-year flood elevation; requiring developers to prepare Storm Water Pollution Prevention Plans and obtain General Construction Activity Permits from the Regional Water Quality Control Board, if necessary; and to share in the funding and construction of ditch stabilization measures on the ditch east of the 36-inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. Hydrology/Drainage Findings: The City finds the mitigation measures reasonable, feasible, and effective, except for sharing in the funding and construction of ditch stabilization measures on the ditch east of the 36-inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. The City finds that the recommended mitigation measures concerning ditch stabilization measures on privately-owned agricultural property east of the freeway and outside the City Limits are not the responsibility of the applicants and are not feasible, since the applicant has no reasonable ability to enter upon private land to put improvements in place. The City finds that implementation of the remaining mitigation measures as conditions of project approval will avoid or reduce to acceptable levels the Hydrology/drainage impacts resulting from the buildout of the Redwood Business Park. These measures will become conditions of approval for all future development projects, and will be monitored by the City Engineering Department staff during the grading and building permit process as well as during the construction phases of the project. 9. Biotic Environment: Buildout of the RBP will eliminate open fields used for foraging by a number of birds, mammals, and reptiles. It will also basically remove all existing vegetation from the site. Given the fact that the property has been disked and used for agricultural purposes, and that considerable fill activities have occurred, the EIR concludes that no significant impacts will occur to biotic environments, except for the possible removal of Valley Oak trees. In terms of wetlands on the RBP, the property owner has entered into an agreement with the Department of Fish and Game regarding the disposition of the wetland and small population of Baker's Meadowfoam that existed on the site. The Department of Fish and Game has determined that this mitigation successfully off-sets the adverse impacts on vegetation and wildlife that were identified in the Wal-Mart EIR. Biotic Mitigations: Suggested mitigation measures include replacing any Oak trees that are removed as a result of construction. Biotic Environment Findings: The City finds that all mitigations measures are reasonable and feasible. The City finds further that implementation of the mitigation measures as conditions of project approval will avoid or reduce to acceptable levels the Biotic Environment impacts resulting from the buildout of the Redwood Business Park. These measures will become conditions of approval for all future development projects, and will be monitored by City Engineering and Planning Department staff dudng the grading and building permit process as well as dudng the construction phases of the projects. 10. Air Quality: The impact of a proposed action is judged to be significant based upon cdteria for significance. The legal cdteria used for determining whether or not the indirect emissions generated by automobiles attracted to the RBP at buildout are the State and Federal Ambient Air Quality Standards. The air quality specialist who prepared an impact assessment for the EIR concluded that State and Federal air quality standards would not be exceeded as a result of buildout of the RBP. Air Quality Mitigations: Although no significant air quality impacts would result from buildout of the RBP a number of mitigation measures are recommended to avoid temporary dust and particulate impacts dudng grading, and to decrease vehicle emissions associated with the project. These measures include the following: a, All exposed or disturbed soil shall be regularly watered to avoid the transportation of dust. bo Every attempt shall be made to keep all construction areas swept and clear of mud and debris. C, Bicycle parking facilities shall be installed at the project site pdor to final inspection and the grant of occupancy. do The applicants shall participate in a Transportation Management Association when it is formed. Air Quality Findings: For the reason stated above, as well as the technical information contained in the EIR, the project will not have a significant adverse effect on any State or Federal air quality standard, and is, therefore, presumed under CEQA Guideline 15064(i) to have no significant adverse impact on air quality. However, the City Council finds that future development projects will contribute to the cumulative formation of ozone and short-term particulate matter in the Ukiah Valley. While the City Council finds further that this cumulative contribution of both ozone and particulate matter is speculative and cannot feasibly be quantified with any degree of accuracy, measures should be taken to limit and reduce the amount of these air pollutants resulting from the projects. Therefore, the City Council finds that the recommended mitigation measures designed to avoid or lessen dust and particulate matter, as well as vehicle emissions are reasonable and feasible. The City finds that measures will be effective in avoiding or reducing impacts to an acceptable level when they become conditions of project approval. They will be monitored by City Engineering and Planning Department staff dudng the grading and building permit process as well as dudng the construction phases of all future projects. 11. Visual Quality: The Redwood Business Park is situated in a highly visible location adjacent to State Highway 101. The RBP is also highly visible from Talmage Road, the residences along the westem hills of the City, and a few other locations in the southem portion of the City. Buildout of the RBP will completely change the views of the site. Existing views of vacant fields, Oak trees, a pear orchard, and a vineyard could be replaced by views of a collection of commercial, industrial and office buildings, streets, signs and parking lots. Night-time views will also be altered with new views of lights and lighted signs. The EIR concludes that the potential impacts to existing views and the visual quality of the area are subjective, and that the City must decide if they are significant. Visual Quality Mitigations: The EIR recommends extending the pond/riparian complex on the Airport Business Park into the Redwood Business Park to create a natural landscape corridor that will soften the visual effects of building out both the RBP and AlP. It also recommends requiring shielded, non-glare types of lighting, the creation of a landscape zone along the freeway, a design review/process for the RBP, restrictive sign standards, the retention of Oak trees, and the retention of existing landscaping. Visual Quality Findings: Impacts to viewsheds and visual quality are highly subjective and difficult to quantify. While no health risks are involved, significant adverse impacts to visual quality can erode the local quality of life. The City Council finds that the buildout of the Redwood Business Park could have potentially significant adverse impacts on the visual quality of the project site. The City Council finds further that the suggested mitigation measures contained in the EI R are reasonable and feasible, and will adequately soften potential visual impacts to an acceptable level, except for extending the pond/riparian complex on the Airport Business Park into the Redwood Business Park, because there is no guaranteed long-term source of water to fill and nourish the extended pond. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning Staff during the building permit process as well as during the construction phases of the projects. 12. Noise: RBP buildout traffic will increase noise levels on existing streets north of the site by one decibel or less. This amount is considered imperceptible and is not a significant impact. Short-term construction noise, while not considered significant, could be disruptive to the residential area north of the RBP. The construction of the required southern access road when the AlP reaches 50-percent buildout, will result in significant noise impacts to the Norgard Lane/Townsend Lane neighborhood. Even after mitigation, the EIR concludes that the impacts will remain significant. Noise Mitigations: The EIR recommends mitigation measures limiting construction times and requiring heavy construction equipment to be properly muffled and maintained. Additionally, it is recommended that the final route for the southem extension avoid altogether or as much of the Norgard Lane/Townsend Lane residential neighborhood as possible. To further reduce impacts to this neighborhood, it is recommended that the City initially preclude truck traffic, or insulate existing residential units to mitigate noise impacts. However, even with these mitigation measures, it is concluded that noise impacts will remain significant. It is possible that the City may choose to purchase and annex the residential properties in this neighborhood, and provide opportunity for redevelopment of the properties into airport related industrial uses. If this were to occur pdor to the AlP reaching 50 percent buildout, the impact would become moot, because no residential properties would remain. Noise Findings: The City finds that all mitigation measures are reasonable and feasible. The City finds further that implementation of measures/conditions to restdct construction hours, requiring equipment to be muffled and maintained, and the design of a southem access route avoiding the residential neighborhoods along Townsend Land and Norgard Lane will avoid or reduce noise impacts to an acceptable levels. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Engineering and Planning Department staff during the building permit process as well as during the construction phases of the project. If future impacts should arise that have not been fully mitigated by these measures, which is highly speculative at this time, the City Council further finds that any such significant adverse noise, traffic and safety impacts are overridden for the following reasons: STATEMENT OF OVERRIDING CONSIDERATIONS Traffic resulting from the extension of Airport Road to Townsend Lane and Norgard Lane will result in increased truck and automobile volumes, and noise. If mitigation measures prove ineffective or impractical, if a final route does not avoid Townsend Land and Norgard Lane altogether, or if the City does not annex, purchase and redevelop the area from residential to industrial uses in the future, the City would accept these impacts because of the long-term economic, social, and health and safety benefits to the City. The City finds that the significant noise and safety impacts resulting from the extension of Airport Road to Townsend Lane/Norgard Lane are overridden by the following social and economic benefits of the buildout of the Redwood Business Park: a. The long-term economic benefit to the City of Ukiah and the ability of the City to increase the job base and obtain a higher level of retail sales and property taxes outweighs the concems regarding noise and neighborhood impacts. Buildout of the RBP will result in 863,500 square feet of industrial, office and commercial structures that will provide hundreds of moderate to high paying jobs to Ukiah citizens, representing a major expansion of the Ukiah economy. Unemployment in Ukiah is higher than the State average. Additional employment and expansion of the Ukiah economy will result in improved living conditions for Ukiah residents and reduced government costs for welfare benefits, unemployment insurance, and social services. b. The buildout of the RBP will substantially increase the assessed value of the project site, which will in tum increase the property tax revenue of the Ukiah Redevelopment Agency (RDA). This additional tax revenue to the RDA will assist in the implementation of the redevelopment plan, including the development of Iow and moderate income housing. c. Buildout of the RBP will generate substantial amounts of sales tax to the City. In addition, the City will receive substantial funds per year in additional fees for water, sewer and electrical services provided to the project and in business license fees. These additional revenues will be available to meet the needs of general City government at a time when the City anticipates significant cuts in State funding. d. The extension of Airport Road and construction of a southem road connection to South State Street will improve area-wide traffic circulation, reduce emergency vehicle response times, and provide an important additional evacuation route from the RBP/AIP area. It will also reduce traffic related impacts to other areas of the community, particularly those north of the site such as on Talmage Road and its key intersections. 13. Police and Fire Service: Both the Ukiah Police Department and Ukiah Fire Department believe that they can effectively serve the buildout of the RBP. However, the EIR concludes that while revenue will be generated as a result of sales and property taxes collected on new development within the Park that could help fund expanded service, the municipal revenues may not be enough to maintain current levels of service. Additionally, for emergency vehicle access and circulation, as well as site evacuation, the EIR recommends construction of the southern access road when the AlP reaches fifty percent buildout. Police and Fire Service Mitigations: Recommended mitigation measures include compliance with standard building and fire codes, construction of the southern access road at fifty percent buildout of the AlP, and consideration of a fire and emergency protection mitigation fee for all new development. Police and Fire Service Findings: The City finds that all mitigation measures are reasonable and feasible, except for establishing a fire and emergency protection mitigation fee for all new development. The City Council finds further that such a fee program is not necessary because the anticipated sales and property tax generated from new development within the RBP will substantially assist in the long-term funding of new equipment and personnel. The City Council finds further that the remaining mitigation measures imposed as conditions of project approvals, will avoid or reduce to acceptable levels impacts on City Police and Fire Services. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning and Fire Department Staff dudng the building permit process as well as during the construction phases of the projects. 14. Sewage Treatment and Disposal: Buildout of the RBP is expected to generate approximately 36,000 gallons per day (gpd) of wastewater. The Ukiah Valley Sanitation District (UVSD) has indicated it has the capacity to serve buildout of the RBP. While the buildout of the RBP will not have a significant adverse impact on the capacity or operations of the UVSD facilities, the project's increment of the potentially significant cumulative impacts on the UVSD's collection, treatment, and disposal facilities should be minimized. Sewer Mitigations: To minimize potential cumulative impacts, the EIR recommends requiring all future development to install water conservation devices, that all sewage collectors for the RBP be designed according to adopted codes, and that all development pay appropriate connection fees at the time application is made. Sewer Treatment and Disposal Findings: The City finds that all mitigation measures when imposed as conditions of approval are reasonable and feasible, and will be effective in avoiding or reducing impacts to an acceptable level. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning and Utility Department staff dudng the building permit process as well as dudng the construction phases of the projects. 15. Water: Based on the average industrial and commercial water demand, buildout of the RBP will require approximately 144,000 gallons per day of water. This equates to a peak summer demand of approximately 230,400 gallons per day. The City has the capacity to meet this increased demand which is the equivalent of about 2.3 percent of the current pumping capacity. According to the City Water and Sewer Operations Superintendent, in a memo dated July 12, 1995 in response to issues raised in the FEIR, the City has a secure water right well into the future, and has a very reliable water supply system. Water Mitigations: While the buildout of the RBP will not have significant impacts on the City's ability to provide water, a number of mitigation measures are recommended to minimize the amount of water used for the project. These measures include the installation of water conservation devices, and the use of drought tolerant landscaping species and Iow water demand irrigation devices. Water Service Findings: The City finds that all mitigation measures when imposed as conditions of approval are reasonable and feasible to avoid or reduce impacts to an acceptable level. The adopted mitigation measures will become conditions of approval for future development projects and will be monitored by City Planning and Utility Department staff during the building permit process as well as dudng the construction phases of the projects. 16. Schools: Buildout of the undeveloped portion of the RBP will generate new households and, consequently, new students. The precise number of students depends on the types of businesses that will ultimately occupy the site. Using the student generation factors maintained by the Ukiah Unified School District (UUSD), buildout of the RBP could generate as many as 431 new households in the District and an additional 302 students. Based on a 10-year phased buildout of the park, it is assumed that the student generation would total approximately 30 new students per year. While the current adopted developer mitigation fee of $.28 per square foot of building may not sufficiently offset the impact of this many new students on the capacity of the UUSD, the distdct has indicated that it only intends to collect this amount. School Mitigations: No mitigations required. School Findings: Based on the information contained in the Final EIR, the City finds that project will not have a significant adverse impact on the Ukiah Unified School District. 17. Land Use: The EIR indicates that the extension of Airport Road to Townsend Lane/Norgard Lane (southern access road) will substantially alter the neighborhood character along these streets. Statement of overriding considerations have been made regarding these impacts in Section 13 (Noise) above. Additionally, buildout will result in an increase in population, which in turn will result in generally more traffic, more demand for public services, and a generally "busier" atmosphere in the community. While development of the site would potentially conflict with goals and policies aimed at preserving agricultural land, the City has in the past determined that industrial use of the site was more valuable than potential agricultural uses. The projects are consistent with the General Plan land use designation for the site, as amplified by the AlP PD Ordinance, and this designation was applied to be consistent with other plan goals and policies. Land Use Mitigations: No mitigations required. Land Use Findings: Based on the analysis and information contained in the EIR and this Resolution, the City Council finds that the projects will not have significant adverse impacts on land use or on the larger community population as a whole. 18. Traffic and Circulation: Based upon reasonable traffic assumptions and the proposed buildout projections and assumptions contained in the EIR, the registered professional traffic consultant determined that the total trip generation for the Redwood Business Park (RBP) would be 22,490 two-way trips with 965 inbound and 1,220 outbound vehicle trips during the PM peak traffic Hour (4:30 - 5:30 PM). This amount of traffic will result in a degradation of levels of service (LOS) at a number of nearby key intersections. Additionally, there would be a number of roadway impacts and corresponding safety concerns. Based upon the projected traffic volumes and an assumed vehicle distribution pattem, the FEIR lists the following impacts resulting from buildout of the RBP. , Operation of the signalized South State Street/Talmage Road intersection would deteriorate from LOS C/D to LOS D during the peak hour. , The signalized Talmage Road/Airport Park Boulevard intersection would deteriorate from LOS A to an Unacceptable LOS E during the PM peak hour. , Both the Talmage Road unsignalized intersections with State Route 101 off-ramps would have turning movements operating unacceptably at LOS D. , The South State Street/Hastings Avenue-Washington Avenue signalized intersection operation would deteriorate from LOS B to an unacceptable LOS E. . The Airport Park Boulevard/Commerce Drive unsignalized intersection would have stop sign controlled turning and through movements from Commerce Drive operating unacceptably at LOS F. The FEIR, on pp. 94-108, lists a number of roadway impacts and safety concems, as well as cumulative traffic impacts. Traffic and Circulation Mitigations: Mitigation measures are recommended on pp. 88-108 in the FEIR to eliminate or reduce the impacts to levels of insignificance. These mitigation measures would be implemented when threshold levels are met or exceeded. It is anticipated that necessary intersection and roadway improvements will be accomplished as the AlP develops and traffic volumes meet the threshold limits. It should be noted that if the anticipated traffic volumes are not generated as a result of the phased buildout of the AlP, certain mitigation measures would not be warranted. Additionally, the City Engineer has disagreed with mitigation measure No. 9 on page 100 of the FEIR, and based upon his analysis, contained in the administrative record, the City does not support the conclusions leading to this mitigation measure: , Mitigation No. 9 (in part) on page 100 of the FEIR: the construction of separate deceleration lanes on the approaches to all major driveways. Additionally, it should be noted that Table 5 contained on page 107 of the FEIR lists the percent of PM peak hour traffic at study intersections that is generated by the Redwood Business Park. This table will be used to determine percent responsibility requirements for the Redwood Business Park and the City of Ukiah. Traffic and Circulation Findings: Based on the independent third-party traffic study prepared by a registered professional traffic engineer, the City Council finds that all recommended mitigation measures, except as indicated above are reasonable and feasible. The City finds further that as the Redwood Business Park builds out, and impact thresholds are met, the recommended mitigation measures will be implemented, and traffic and circulation impacts will be avoided or reduced to acceptable levels. The adopted mitigation measures will become conditions of project approval as the RBP builds out, and will be monitored by City Engineering and Planning Department staff during the entitlement process as well as during the construction phases of future projects within the RBP. The City Council finds further that individual projects within the Redwood Business Park will contribute to the cumulative impacts to the levels of service of on and off-site intersections and roads. The City Council shall establish off-site capital improvement fees for the Redwood Business Park/Airport Industrial Park pursuant to Ukiah City Code Section 9543 that will require all future development in the park to contribute proportionately to the cost of implementing mitigation measures if impact thresholds requiring those mitigation measures are met. The City Council finds that this mitigation will reduce or avoid cumulative traffic impacts to acceptable levels. 10 19. Project Alternatives: After thoroughly considering project altematives, including the no-project altemative, and for the reasons stated in the staff report, dated July 28, 1995, The City Council finds that none of the altematives are feasible or will have fewer or less severe adverse environmental impacts than the proposed project(s) site. Moreover, the City can more effectively mitigate the potential adverse impacts at the proposed site than any other locations. PASSED AND ADOPTED this 18th day of October, 1995 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Cathy McKay, City Clerk Fred Schneiter, Mayor 11 ITEM NO. 9a DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: REVIEW OF PROPOSED 'LEAGUE OF CALIFORNIA CITIES' RESOLUTIONS Due to the Council not having enough time during the last City Council meeting to review the resolutions, we are bringing this item back for your consideration. Please refer to your October 4, 1995 Agenda packet, item 9d, for the subject resolutions. If you cannot locate that item, please do not hesitate to contact staff to provide you with additional copies. Staff will be available at the meeting to offer their thoughts and answer any questions Council might have relative to the resolutions. RECOMMENDED ACTION- Review League of California Cities' proposed policy resolutions and develop the City's position relative to each for direction to the Council's voting delegate, Councilmember Malone. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Councilmember Malone should vote as an individual, review the resolutions, but take no formal action. 2. Determine no action is desired and do not review the proposals. Appropriation Requested: N/A Citizen Advised: N/A Requested by- League of California Cities Prepared by' Karen Yoast, Executive Assistant Coordinate with: Candace Horsley, City Manager Attachments: 1. None. R'4/CM / ASRResa ITEM NO. 9b DATE: October 18_. 1995 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF MARCH 26, 1996 BALLOT MEASURE WORKING FOR SUBMITTAL AS EXHIBIT B TO RESOLUTION NO. 96-20. At their October 4, 1995 meeting, the City Council adopted Resolution No. 96-20 requesting the County to consolidate the election in March, 1996. Exhibit B to that resolution is the wording for "ARGUMENT IN FAVOR..." of the City Clerk and City Treasurer measures to be included in the election. The City Council was to review the wording and submit any changes they desired to staff for final consideration at this meeting. The only coments received were to change the Mayor's and the Treasurer's names and remove the statement that the Treasurer endorses the measure. The Mayor's name change, and redesignating the measures (A and B rather than B and C), have been completed as noted in the attached revision. The references to the Treasurer are found in the "Rebuttal to the Argument Against Measure B" and thus are not included here. If an argument against the measure if proposed, the rebuttal wording would be considered by Council in November. Unless the Council has further modifications, formal approval is now appropriate. Staff recommends the City Council review the measures' wording and approve them for final submittal to the County. RECOMMENDED ACTION: Approve ballot wording for City Clerk and City Treasurer measures to be included as Exhibit B to Resolution No. 96-20 requesting consolidated election in March 1996. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine ballot measures are not appropriate and rescind resolution. 2. Determine different wording is necessary, identify those changes, and approve revised Exhibit B. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. Acct. No.: NA Appropriation Requested: NA NA City Council Michael F. Harris, AICP, Assistant to the City Manager Candace Horsley, City Manager Wording of arguments in favor of City Clerk and Treasurer measures, page 1. Resolution No. ~-20 as adopted, pages 2-3. Ca~lace Horsley, City Mana~ler mfh:asroc BAWD101895 1 MEASURE B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Shall the office of City Treasurer be appointive? / / Yes /,, / No 5. The City Clerk shall transmit a copy of the ballot measures set forth in paragraph 4 to the City Attorney for the preparation of an impartial analysis as required by Elections Code Section 5011. 6. The City Council shall file ballot arguments in favor of the ballot measures set forth in Paragraph 4 as contained in Exhibit B which is attached hereto and incorporated herein by reference. If any argument is submitted in opposition to the measures, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections Code Section 5014.5. PASSED AND ADOPTED this 4th day of October, 1995, by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter NOES: None ABSENT: Councilmember Wattenburger Fred Schn~iter, Mayor 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING SPECIAL ELECTION, CONSOLIDATING SPECIAL MUNICIPAL WITH PRESIDENTIAL PRIMARY ELECTION, APPROVING AGREEMENT TO PROVIDE ELECTION SERVICES, PRESENTING BALLOT MEASURES TO MAKE CITY CLERK AND CITY TREASURER POSITIONS APPOINTIVE RATHER THAN ELECTIVE, TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS, AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES WHEREAS, 1. The City Council of the City of Ukiah has determined pursuant to Elections Code Section 2560 to call a Special Election for March 26, 1996, to consolidate the Municipal Election with the Presidential Primary and to contract with the County of Mendocino to conduct the election on the City's behalf; and 2. The City Council has determined to present two propositions at the Special Election to make the City Clerk and City Treasurer positions appointive rather than elective; NOW, THEREFORE, BE IT RESOLVED that; 1. A Special Municipal Election in the City of Ukiah is called for March 26, 1996. 2. The Special Election is consolidated with the Presidential Primary for 1996. 3. The Mayor is authorized to sign on behalf of the City, the Agreement between the City of Ukiah and Mendocino County for Election Services, a true and correct unsigned copy of which is attached hereto as Exhibit A and incorporated herein by reference. 4. The following two ballot propositions shall be presented to the voters at the special election: MEASURE A Shall the office of City Clerk be appointive? / / Yes /,, ,/ No ITEM NO. 9c DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: FINAL READING AND ADOPTION OF REVISED PLANNED DEVELOPMENT ORDINANCE FOR THE AIRPORT INDUSTRIAL PARK SUMMARY: On October 4, 1995, the City Council voted 3-1 to introduce a revised Planned Development Ordinance for the Airport Industrial Park. The Council introduced the Ordinance recommended by the Planning Commission with the following changes (page numbers correspond to the attached final version of the Ordinance): . . ,. . . Page 5 - Item 2(i): Adding "mini-storage facility" as a permitted use in the Industrial designation. Page 5/6-Item B(1)(a): Rewording the latter part of the sentence to read, "...consultants, bookkeeping, medical and dental offices, and other similar activities." Page 6-Item B(2): Deleting "residential housing" as a permitted use in the Professional Office designation. Page 7- Item D(2): Deleting "residential housing" as a permitted use in the Retail Commercial designation. Page 7 - Item E(1)(c): Rewording the latter part of the sentence to read,"...as determined by Standards prescribed in the Ukiah City Code and/or City General Plan." (continued next page) RECOMMENDED ACTION: 1) Adopt the attached Resolution making CEQA findings in connection with the adoption of the Ordinance; and 2) Adopt the attached revised Planned Development Ordinance for the Airport Industrial Park. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt Ordinance and provide direction to staff. Acct. No. (if not Budgeted): N/A Acct. No.: (if budgeted) Appropriation Requested: N/A Citizen Advised: Applicant, Gary Akerstrom Requested by: Gary Akerstrom/Redwood Business Park of Ukiah Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager; Bob Sawyer, Planning Director; and David Rapport, City Attomey. Attachments: 1. Resolution making CEQA findings 2. Final version of the Ordinance Candace Horsley, City M~,nager 1 . am 10. 11. Page 9 - Item B(3): Rewording the last sentence to read, "Sideyard setbacks shall be determined in the Site Development Permit review process." Page 9 - Item B(5): Deleting the third sentence, "The maximum fence height shall be six (6) feet from finished grade." Page 10 - Item 8: Adding the Phrase "Class II1" to the beginning of the sentence. Page 12 - Item 14: Deleting the second sentence in item a, and deleting items b, c and d. Page 13 - Item C(1)(j): Deleting the term, "native." Page 14- Item c(4)(b): Replacing the term "corrugated" with "architectural." These changes have been incorporated into the Ordinance, and it is attached for your review and adoption. To formally adopt the Ordinance, the City Council must take two (2) separate actions. First, the Council must adopt the attached Resolution making CEQA findings in connection with the anticipated action on the Ordinance; and second, the Council must vote affirmatively to adopt the actual Ordinance. RESOLUTION NO. 96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH THE ADOPTION OF THE AMENDED AIRPORT INDUSTRIAL PARK (ALP) PLANNED DEVELOPMENT ORDINANCE WHEREAS: 1. The City of Ukiah, as Lead Agency, has prepared a Subsequent Environmental Impact Report ("EIR"), consisting of a Draft Subsequent Environmental Impact Report, dated March, 1995 ("DEIR"), and a Final Subsequent Environmental Impact Report, dated July, 1995 ("FEIR"), for the proposed Airport Industrial Park (ALP) Planned Development Ordinance Amendments; and 2. The EIR has identified significant environmental impacts of the projects; and 3. The City Council certified the EIR on August 16, 1995; and 4. The City Council has chosen to adopt an amended Planned Development Ordinance for the Airport Industrial Park; and 5. Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental impacts, unless it makes specified findings; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. The EIR was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. The EIR was considered by both the Planning Commission and City Council at noticed public headngs on August 9, 1995 and August 16, 1995, respectively, which were conducted in full compliance with all legal requirements. 3. The City Council has considered all documents submitted for consideration pdor to or during the hearings it conducted and all testimony presented during the headngs as well as the EIR, the Staff Report, dated August 4, 1995, the recommendation of the Planning Commission, and the Staff Report, dated August 11, 1995. The Staff Reports are incorporated herein by reference. It has also independently reviewed and considered this resolution. 4. The project is described in the EIR, including the DEIR on pages 7,8,9,10 and 11 of the Redwood Business Park Component. This description is incorporated herein by reference. 5. The EIR evaluated the impacts of the project, as well as its impact in combination with impacts from past, present, and probable future projects, including impacts from the eventual buildout and completion of the Airport Industrial Park both as presently approved. Those impacts, both individual and cumulative, along with recommended mitigation measures and suggested conditions of approval, are summarized in this resolution. 6. Measures designed to avoid or substantially lessen significant effects of future development projects within the Airport Industrial Park will be imposed on projects as buildout occurs and the significance thresholds identified in the EIR are reached. In this way, full mitigation will be achieved as development occurs and is phased over time within the AlP. 7. Geology. The EIR geotechnical consultants determined that there were no significant geotechnical constraints on the site. Site soils may be subject to expansion and/or some settlement. It will be necessary to upgrade soils or construct proper foundations to ensure the future buildings are not damaged by settlement. All necessary fill materials and activities must be propedy engineered to ensure the long-term integrity of future improvements. Site grading and trenching will result in bared soils. The surface soils and poody consolidated terrace soils will be prone to erosion. This is a potentially significant impact since eroded soils can adversely affect water quality and ultimately the aquatic habitats of the Russian River. Geology Mitigations: The EIR recommends that all future individual projects be required to have complete geotechnical investigations, and that future developers secure General Construction Activity Permits from the Regional Water Quality Control Board. Geology Finding: Mitigation measures are reasonable, feasible, and effective. The City finds that implementation of these mitigation measures will avoid or reduce to acceptable levels the geological impacts resulting from the buildout of the Airport Industrial Park. These measures will become conditions of project approval and will be monitored by the City Engineering and Planning Department staff during the grading and building permit process as well as dudng the construction phases of all projects within the AlP. 8. Hydrology and Drainage. Buildout of the AlP will increase the amount of impervious surfaces on the site and, thus, increase the amount of runoff during the 10-year and 100-year storms. Increased flows from the site will have a minor impact on flooding east of the freeway, and could slightly increase the extent and duration of flooding on the orchard to the east. This orchard impact, however, would not be caused solely by the site runoff; rather, it would typically occur only in conjunction with some overbank flooding of the Russian River. Because buildings must be constructed so that their floors are at least one foot above the 100-year flood elevation, it will be necessary to fill lower portions of the property; the Redwood Business Park already has a City-approved drainage plan that includes filling of areas below flood elevations. Filling has already occurred in the northern portion of the site. After fill is placed on Iow-lying portions of the property, flooding will be restricted to drainage ditches and infrastructure. Hydrology/Drainage Mitigations: Buildout of the AlP under the provisions of the revised Planned Development Ordinance will not result in significant drainage related impacts. However, mitigations measures are recommended to resolve the minor drainage issues discussed above. These measures include, requiring all buildings to be elevated above the 100-year flood elevation; requiring developers to prepare Storm Water Pollution Prevention Plans and obtain General Construction Activity Permits from the Regional Water Quality Control Board; and to share in the funding and construction of ditch stabilization measures on the ditch east of the 36- inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. Hydrology/Drainage Findings: The City finds the mitigation measures reasonable, feasible, and effective, except for sharing in the funding and construction of ditch stabilization measures on the ditch east of the 36-inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. The City finds that the recommended mitigation measures conceming ditch stabilization measures on privately-owned agricultural property east of the freeway and outside the City Limits are not the responsibility of the applicants and are not feasible, since the applicant has no reasonable ability to enter upon private land to put improvements in place. The City finds that implementation of the remaining mitigation measures as conditions of project approval will avoid or reduce to acceptable levels the Hydrology/drainage impacts resulting from the buildout of the Airport Industrial Park. These measures will become conditions of approval for all future development projects, and will be monitored by the City Engineering Department staff during the grading and building permit process as well as during the construction phases of the project. 9. Biotic Environment: Buildout of the AlP under the provisions of the revised Planned Development Ordinance will eliminate open fields used for foraging by a number of birds, mammals, and reptiles. It will also basically remove all existing vegetation from the site. Given the fact that the property has been disked and used for agricultural purposes, and that considerable fill activities have occurred, the EIR concludes that no significant impacts will occur to biotic environments, except for the possible removal of Valley Oak trees. In terms of wetlands on the RBP, the property owner has entered into an agreement with the Department of Fish and Game regarding the disposition of the wetland and small population of Baker's Meadowfoam that existed on the site. The Department of Fish and Game has determined that this mitigation successfully off-sets the adverse impacts on vegetation and wildlife that were identified in the Wal-Mart EIR. To buildout the property contained within the Airport Business Park (ABP) south of the RBP, it may be necessary to fill wetlands. To avoid significant loss of wetlands, and potential impacts to biotic habitats, the EIR suggests a number of mitigation measures. Biotic Mitigations: Suggested mitigation measures include preserving Oak trees, and precluding the filling of the pond/riparian area on the Airport Business Park site. Additionally, permit approval from applicable State and/or Federal agencies would be required prior to filling and wetland areas on the ABP Site. Biotic Environment Findings: The City finds that all mitigations measures are reasonable and feasible. The City finds further that implementation of the mitigation measures as conditions of project approval will avoid or reduce to acceptable levels the Biotic Environment impacts resulting from the buildout of the Airport Industrial Park. These measures will become conditions of approval for all future development projects, and will be monitored by City Engineering and Planning Department staff during the grading and building permit process as well as during the construction phases of the projects. 10. Air Quality: The impact of a proposed action is judged to be significant based upon criteria for significance. The legal criteria used for determining whether or not the indirect emissions generated by automobiles attracted to the AlP at buildout are the State and Federal Ambient Air Quality Standards. The air quality specialist who prepared an impact assessment for the EIR concluded that State and Federal air quality standards would not be exceeded as a result of buildout of the AlP. Air Quality Mitigations: Although no significant air quality impacts would result from buildout of the AlP, a number of mitigation measures are recommended to avoid temporary dust and particulate impacts during grading, and to decrease vehicle emissions associated with the project. These measures include the following: a, All exposed or disturbed soil shall be regularly watered to avoid the transportation of dust. b, Every attempt shall be made to keep all construction areas swept and clear of mud and debris. Bicycle parking facilities shall be installed at the project site pdor to final inspection and the grant of occupancy. d, The applicants shall participate in a Transportation Management Association when it is formed. Air Quality Findings: For the reason stated above, as well as the technical information contained in the EIR, the project will not have a significant adverse effect on any State or Federal air quality standard, and is, therefore, presumed under CEQA Guideline 15064(i) to have no significant adverse impact on air quality. However, the City Council finds that future development projects will contribute to the cumulative formation of ozone and short-term particulate matter in the Ukiah Valley. While the City Council finds further that this cumulative contribution of both ozone and particulate matter is speculative and cannot feasibly be quantified with any degree of accuracy, measures should be taken to limit and reduce the amount of these air pollutants resulting from the projects. Therefore, the City Council finds that the recommended mitigation measures designed to avoid or lessen dust and particulate matter, as well as vehicle emissions are reasonable and feasible. The City finds that measures will be effective in avoiding or reducing impacts to an acceptable level when they become conditions of project approval. They will be monitored by City Engineering and Planning Department staff dudng the grading and building permit process as well as dudng the construction phases of all future projects. 11. Visual Quality: The Airport Industrial Park is situated in a highly visible location adjacent to State Highway 101. The AlP is also highly visible from Talmage Road, the residences along the westem hills of the City, and a few other locations in the southern portion of the City. Buildout of the AlP will completely change the views of the site. Existing views of vacant fields, Oak trees, a pear orchard, and a vineyard could be replaced by views of a collection of commercial, industrial and office buildings, streets, signs and parking lots. Night-time views will also be altered with new views of lights and lighted signs. However, retention of the pond and riparian area within the southem portion of the AlP, as well as landscaping along the Highway 101 frontage, will provide a visual buffer along Highway 101, and will break-up the massing of future buildings. The EIR concludes that the potential impacts to existing views and the visual quality of the area are subjective, and that the City must decide if they are significant. Visual Quality Mitigations: The EIR recommends extending the pond/riparian complex on the Airport Business Park into the Redwood Business Park to create a natural landscape corridor that will soften the visual effects of building out the AlP. It also recommends requiring shielded, non-glare types of lighting, the creation of a landscape zone along the freeway, a design review/process for the AlP, restrictive sign standards, the retention of Oak trees, and the retention of existing landscaping. Visual Quality Findings: Impacts to viewsheds and visual quality are highly subjective and difficult to quantify. While no health risks are involved, significant adverse impacts to visual quality can erode the local quality of life. The City Council finds that the buildout of the Airport Industrial Park could have potentially significant adverse impacts on the visual quality of the project site. The City Council finds further that the suggested mitigation measures contained in the EIR are reasonable and feasible, and will adequately soften potential visual impacts to an acceptable level, except for extending the pond/riparian complex on the Airport Business Park into the Redwood Business Park, because there is no guaranteed long-term source of water to fill and nourish the extended pond. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning Staff during the building permit process as well as during the construction phases of the projects. 12. Noise: AlP buildout traffic will increase noise levels on existing streets north of the site by one decibel or less. This amount is considered imperceptible and is not a significant impact. Short-term construction noise, while not considered significant, could be disruptive to the residential area north of the AlP. The construction of the required southern access road when the Al P reaches 50-percent buildout, will result in significant noise impacts to the Norgard Lane/Townsend Lane neighborhood. Even after mitigation, the EIR concludes that the impacts will remain significant. Noise Mitigations: The EIR recommends mitigation measures limiting construction times and requiring heavy construction equipment to be properly muffled and maintained. Additionally, it is recommended that the final route for the southern extension avoid altogether or as much of the Norgard Lane/Townsend Lane residential neighborhood as possible. To further reduce impacts to this neighborhood, it is recommended that the City initially preclude truck traffic, or insulate existing residential units to mitigate noise impacts. However, even with these mitigation measures, it is concluded that noise impacts will remain significant. It is possible that the City may choose to purchase and annex the residential properties in this neighborhood, and provide opportunity for redevelopment of the properties into airport related industrial uses. If this were to occur prior to the AlP reaching 50 percent buildout, the impact would become moot, because no residential properties would remain. Noise Findings: The City finds that all mitigation measures are reasonable and feasible. The City finds further that implementation of measures/conditions to restdct construction hours, requiring equipment to be muffled and maintained, and the design of a southem access route avoiding the residential neighborhoods along Townsend Land and Norgard Lane will avoid or reduce noise impacts to an acceptable levels. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Engineering and Planning Department staff during the building permit process as well as dudng the construction phases of the project. If future impacts should arise that have not been fully mitigated by these measures, which is highly speculative at this time, the City Council further finds that any such significant adverse noise, traffic and safety impacts are overridden for the following reasons: STATEMENT OF OVERRIDING CONSIDERATIONS Traffic resulting from the extension of Airport Road to Townsend Lane and Norgard Lane will result in increased truck and automobile volumes, and noise. If mitigation measures prove ineffective or impractical, if a final route does not avoid Townsend Land and Norgard Lane altogether, or if the City does not annex, purchase and redevelop the area from residential to industrial uses in the future, the City would accept these impacts because of the long-term economic, social, and health and safety benefits to the City. The City finds that the significant noise and safety impacts resulting from the extension of Airport Road to Townsend Lane/Norgard Lane are overridden by the following social and economic benefits of the buildout of the Airport Industrial Park: a. The long-term economic benefit to the City of Ukiah and the ability of the City to increase the job base and obtain a higher level of retail sales and property taxes outweighs the concems regarding noise and neighborhood impacts. Buildout of the AlP will result in 1,332,000 square feet of industrial, office and commercial structures that will provide hundreds of moderate to high paying jobs to Ukiah citizens, representing a major expansion of the Ukiah economy. Unemployment in Ukiah is higher than the State average. Additional employment and expansion of the Ukiah economy will result in improved living conditions for Ukiah residents and reduced govemment costs for welfare benefits, unemployment insurance, and social services. b. The buildout of the AlP will substantially increase the assessed value of the project site, which will in turn increase the property tax revenue of the Ukiah Redevelopment Agency (RDA). This additional tax revenue to the RDA will assist in the implementation of the redevelopment plan, including the development of Iow and moderate income housing. c. Buildout of the AlP will generate substantial amounts of sales tax to the City. In addition, the City will receive substantial funds per year in additional fees for water, sewer and electrical services provided to the project and in business license fees. These additional revenues will be available to meet the needs of general City government at a time when the City anticipates significant cuts in State funding. d. The extension of Airport Road and construction of a southem road connection to South State Street will improve area-wide traffic circulation, reduce emergency vehicle response times, and provide an important additional evacuation route from the Al P area. It will also reduce traffic related impacts to other areas of the community, particularly those north of the site such as on Talmage Road and its key intersections. 13. Police and Fire Service: Both the Ukiah Police Department and Ukiah Fire Department believe that they can effectively serve the buildout of the AlP. However, the EIR concludes that while revenue will be generated as a result of sales and property taxes collected on new development within the Park that could help fund expanded service, the municipal revenues may not be enough to maintain current levels of service. Additionally, for emergency vehicle access and circulation, as well as site evacuation, the EIR recommends construction of the southem access road when the AlP reaches fifty percent buildout. Police and Fire Service Mitigations: Recommended mitigation measures include compliance with standard building and fire codes, construction of the southem access road at fifty percent buildout of the AlP, and consideration of a fire and emergency protection mitigation fee for all new development. Police and Fire Service Findings: The City finds that all mitigation measures are reasonable and feasible, except for establishing a fire and emergency protection mitigation fee for all new development. The City Council finds further that such a fee program is not necessary because the anticipated sales and property tax generated from new development within the AlP will substantially assist in the long-term funding of new equipment and personnel. The City Council finds further that the remaining mitigation measures imposed as conditions of project approvals, will avoid or reduce to acceptable levels impacts on City Police and Fire Services. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning and Fire Department Staff during the building permit process as well as during the construction phases of the projects. 14. Sewage Treatment and Disposal: Buildout of the AlP is expected to generate approximately 70,000 gallons per day (gpd) of wastewater. This figure could increase if the Mendocino Brewing Company facility is expanded in the future. The Ukiah Valley Sanitation District (UVSD) has indicated it has the capacity to serve buildout of the AlP. Additionally, a major trunk collector line crosses the eastem part of the AlP. This trunk line has ample capacity to transport wastewater generated on the site. While the buildout of the AlP will not have a significant adverse impact on the capacity or operations of the UVSD facilities, the project's increment of the potentially significant cumulative impacts on the UVSD's collection, treatment, and disposal facilities should be minimized. Sewer Mitigations: To minimize potential cumulative impacts, the EIR recommends requiring all future development to install water conservation devices, that all sewage collectors for the AlP be designed according to adopted codes, and that all development pay appropriate connection fees at the time application is made. Sewer Treatment and Disposal Findings: The City finds that all mitigation measures when imposed as conditions of approval are reasonable and feasible, and will be effective in avoiding or reducing impacts to an acceptable level. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning and Utility Department staff during the building permit process as well as dudng the construction phases of the project. 15. Water: Based on the average industrial and commercial water demand, buildout of the AlP will require approximately 158,000 gallons per day of water. This equates to a peak summer demand of approximately 253,000 gallons per day. The City has the capacity to meet this increased demand which is the equivalent of about 6.8 percent of the current pumping capacity. According to the City Water and Sewer Operations Superintendent, in a memo dated July 12, 1995 in response to issues raised in the FEIR, the City has a secure water right well into the future, and has a very reliable water supply system. Water Mitigations: While the buildout of the AlP will not have significant impacts on the City's ability to provide water, a number of mitigation measures are recommended to minimize the amount of water used for the project. These measures include the installation of water conservation devices, and the use of drought tolerant landscaping species and Iow water demand irrigation devices. Water Service Findings: The City finds that all mitigation measures when imposed as conditions of approval are reasonable and feasible to avoid or reduce impacts to an acceptable level. The adopted mitigation measures will become conditions of approval for future development projects and will be monitored by City Planning and Utility Department staff dudng the building permit process as well as during the construction phases of the project. 16. Schools: Buildout of the AlP will generate new households and, consequently, new students. The precise number of students depends on the types of businesses that will ultimately occupy the site. Using the student generation factors maintained by the Ukiah Unified School District (UUSD), buildout of the AlP could generate as many as 431 new households in the District and an additional 302 students. Based on a 10-year phased buildout of the park, it is assumed that the student generation would total approximately 30 new students per year. While the current adopted developer mitigation fee of $.28 per square foot of building may not sufficiently offset the impact of this many new students on the capacity of the UUSD, the district has indicated that it only intends to collect this amount. School Mitigations: No mitigations required. School Findings: Based on the information contained in the Final EIR, the City finds that project will not have a significant adverse impact on the Ukiah Unified School District. 17. Land Use: Buildout of the AlP will result in the loss or displacement of a small pear orchard on the southern portion of the site, but this is not deemed significant since the City has committed this property to industrial type development and has zoned it accordingly. Additionally, the EIR concludes that there will not be a conflict with the Municipal Airport to the west of the site, and that the mitigation measures contained in other impact categories will successfully off-set potential conflicts and impacts to land use. While development of the site would potentially conflict with goals and policies aimed at preserving agricultural land, the City has in the past determined that industrial use of the site was more valuable than potential agricultural uses. The projects are consistent with the General Plan land use designation for the site, as amplified by the AlP PD Ordinance, and this designation was applied to be consistent with other Plan goals and policies. The EIR indicates that the extension of Airport Road to Townsend Lane/Norgard Lane (southem access road) will substantially alter the neighborhood character along these streets. Statement of overriding considerations have been made regarding these impacts in Section 13 (Noise) above. Land Use Mitigations: No mitigations required. Land Use Findings: Based on the analysis and information contained in the EIR and this Resolution, the City Council finds that the projects will not have significant adverse impacts on land use. 18. Traffic and Circulation: Based upon reasonable traffic assumptions and the proposed buildout projections and assumptions contained in the EIR, the registered professional traffic consultant determined that the total tdp generation for the Redwood Business Park (RBP) would be 22,490 two-way trips with 965 inbound and 1,220 outbound vehicle tdps during the PM peak traffic Hour. Buildout of the Airport Business Park (ABP) to the south would result in 1,530 two-way trips with 45 inbound and 160 outbound vehicle trips during the PM peak traffic hour. Accordingly, buildout of the AlP will result in 24,020 daily two-way trips with 1010 inbound and 1,380 outbound during the Evening Peak traffic hour (4:30 - 5:30 PM). This amount of traffic will result in a degradation of levels of service (LOS) at a number of nearby key intersections. Additionally, there would be a number of roadway impacts and corresponding safety concerns. Based upon an assumed distribution pattem, the following impacts to intersections would result from buildout of the AlP: . Operation of the signalized South State Street/Talmage Road intersection would deteriorate from LOS C/D to LOS D during the peak hour. . The signalized Talmage Road/Airport Park Boulevard intersection would deteriorate from LOS A to an Unacceptable LOS E dudng the PM peak hour. . Both the Talmage Road unsignalized intersections with State Route 101 off-ramps would have turning movements operating unacceptably at LOS D. . The South State Street/Hastings Avenue-Washington Avenue signalized intersection operation would deteriorate from LOS B to an unacceptable LOS E. . The Airport Park Boulevard/Commerce Drive unsignalized intersection would have stop sign controlled turning and through movements from Commerce Drive operating unacceptably at LOS F. The FEIR, on pp. 94-108, lists a number of roadway impacts and safety concerns, as well as cumulative traffic impacts. Additionally, the EIR indicates that the extension of Airport Road to Townsend Lane/Norgard Lane (southern access road) will result in traffic safety impacts along these streets. A Statement of overriding considerations have been made regarding these impacts in Section 13 (Noise) above. Traffic and Circulation Mitigations: Mitigation measures are recommended on pp. 88-108 in the FEIR to eliminate or reduce the impacts to levels of insignificance. These mitigation measures would be implemented when threshold levels are met or exceeded. It is anticipated that necessary intersection and roadway improvements will be accomplished as the AlP develops and traffic volumes meet the threshold limits. It should be noted that if the anticipated traffic volumes are not generated as a result of the phased buildout of the AlP, certain mitigation measures would not be warranted. Additionally, the City Engineer has disagreed with mitigation measure No. 9 on page 100 of the FEIR, and based upon his analysis, contained in the administrative record, the City does not support the conclusions leading to this mitigation measu re: Mitigation No. 9 (in part) on page 100 of the FEIR: the construction of separate deceleration lanes on the approaches to all major driveways. Additionally, it should be noted that Table 5 contained on page 107 of the FEIR lists the percent of PM peak hour traffic at study intersections that is generated by the Redwood Business Park. This table will be used to determine percent responsibility requirements for the Redwood Business Park, the City of Ukiah, and other property owners/developers within the Airport Industrial Park. 10 Traffic and Circulation Findings: Based on the independent third-party traffic study prepared by a registered professional traffic engineer, the City Council finds that all recommended mitigation measures, except as indicated above are reasonable and feasible. The City finds further that as the Airport Industrial Park builds out, and impact thresholds are met, the recommended mitigation measures will be implemented, and traffic and circulation impacts will be avoided or reduced to acceptable levels. The adopted mitigation measures will become conditions of project approval as the AlP builds out, and will be monitored by City Engineering and Planning Department staff during the entitlement process as well as during the construction phases of future projects within the AlP. The City Council finds further that individual projects within the Airport Industrial Park will contribute to the cumulative impacts to the levels of service of on and off-site intersections and roads. The City Council shall establish off-site capital improvement fees for the Airport Industrial Park pursuant to Ukiah City Code Section 9543 that will require all future development in the park to contribute proportionately to the cost of implementing mitigation measures if impact thresholds requiring those mitigation measures are met. The City Council finds that this mitigation will reduce or avoid cumulative traffic impacts to acceptable levels. 19. Project Alternatives: After thoroughly considering project alternatives, including the no-project alternative, and for the reasons stated in the staff report, dated July 28, 1995, The City Council finds that none of the alternatives are feasible or will have fewer or less severe adverse environmental impacts than the proposed project(s) site. Moreover, the City can more effectively mitigate the potential adverse impacts at the proposed site than any other locations. PASSED AND ADOPTED this 18th day of October, 1995 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Cathy McKay, City Clerk Fred Schneiter, Mayor 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 2'1 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. It changes the land use designation terminology using clearer more concise terms to more accurately characterize existing development, and provide well-defined land use categories for future development in the Airport Industrial Park. The changes to land use designations are as follows: 1) Office Commercial to Professional Offices; 2) Industrial/Commercial to Retail Commercial; 3) Highway Odented Commercial/General Commercial to Highway Odented Commercial. No change to the Industrial designation term has been made. Section Two This ordinance also formally amends the Land Use Map that illustrates which land uses designations are assigned to the various properties throughout the Airport Industrial Park. The land use designations apply to the Airport Industrial Park in the following manner: . ., Professional Office: Applies to the northeast portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 8 acres). Hiqhway Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 3. Retail Commercial: Applies to 14.83 acres north of Commerce Drive, and approximately 22 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east approximately (approximately 36.83 acres). 4. Industrial: Applies to the remainder of the Airport Industrial Park (approximately 77.4 acres). Section Three The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1993, the City Council amended the ordinance to allow "General Commercial" in addition to the approved "Highway Odented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Ddve on the south, and Airport Park Boulevard on the west. Section Four Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan. Section Five The Development Map (Generalized Land Use Map) for this Planned Development, as required by the Ukiah Municipal Code, and attached as Exhibit "A", is approved. Section Six Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Section Seven Amendment to this ordinance requires City Council action. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. Section Eiqht Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Nine The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9167(b) and 9166, and as amended, are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities -includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ., breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. c. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers; d. Contractor's offices - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. e. Agricultural: Allowed as a continuation of the existing land use, including all necessary structures and appurtenances. f. Research and development laboratories, and computer and data processing. g. Accessory Uses and Structures: Activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 aw a. DelicatesSen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire station, and government offices. g. Repair Services - includes repair services such as radio and television, fumiture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.V., and micro- wave stations. i. Mini-storage facility. PROFESSIONAL OFFICE DESIGNATION 1. Allowed Uses The following uses are allowed in the Professional Office designation with the securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attomeys, advertising, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Cm D. consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office support services - includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. 2. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. HIGHWAY ORIENTED COk, II~IERClAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Oriented Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down restaurants (no drive-thru restaurants), service stations, and other similar uses that provide services and merchandise primarily to highway travelers. RETAIL COI~II~IERClAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail Commercial Stores. b. Child day-care facility. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Si g Permitted Uses The following uses are permitted in the Retail Commercial designation with the secudng of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. NUISANCES ,, No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the properiy upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by Standards prescribed in the Ukiah City Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 e. Any use producing emissions shall comply with all the requirement of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and Ukiah Municipal Code regulations. 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. 1. Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 e m 1 . frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum Lot Coverage No more than 45 percent of the lot shall be covered by a building or structure. Parking lots and landscaping areas shall not be included in the calculation of lot coverage. Minimum Building Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a 40 foot setback from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development Permit review process. Maximum Buildinq Height The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Additionally, all development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria. Screening Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis dudng the review of 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 w Si ,, 10. 11. Site Development and Use Permit applications. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the pdmary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Class III Bicycle lanes shall be provided on all streets according to the requirements of the Ukiah City Code. Development Inteqration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and site development and use permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. Street Width Standards The following street standards have been established by the Ukiah Department of 10 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 , , Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement Right-of-way Pavement a. travel lanes (2) b. left tum lane Curbs (both sides) Cul-de-sac (tum-arounds) Curb Retums Radius 66 feet 44 feet 64 feet 40 feet 14 feet 20 feet 12 feet 12 feet 1 foot 1 foot 100 feet diameter 35 feet 35 feet 32 feet 30 feet 15 feet 12. 13. Access Driveways and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for Parcel A1A. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. Minimum Parkinq and Loading Requirements a. No loading or unloading shall be permitted on the street in front of the 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Cw building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the provided use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 14. Si~na~e Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. a. All proposed development projects shall include a detailed sign program. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 consistency of development. 1. Landscaping and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be used to screen parking lots, loading docks, and storage areas. g. Landscaping in parking lots shall include a variety of tree species that will provide sufficient shading in the summer. The majodty of parking lot trees shall be deciduous and fast growing. h. The exact number of parking lot trees shall depend upon the size of the parking facility, the type of land use, and the species of tree used. The Planning Director shall determine the appropriate number of trees for parking lots on a project-by-project basis. i. At a minimum, fifteen percent (15%) of the entire parcel shall be landscaped with planting materials. The Planning Commission may reduce this requirement if special circumstances applicable to the size or configuration of the property exists, or if unique circumstances associated with the use would preclude a fifteen percent (15%) landscaping coverage. j. Landscaping plans shall focus on drought tolerant plant species with vaded flowering pattems. 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 =, 3~ . k. Large turf/lawn areas shall be discouraged in the overall landscaping plan. I. All landscaping shall be propedy maintained. Orientation and Location of Buildin.qs a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. Architectural Desi,qn a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. Buildinq Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Di 5. Lighting a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, or adjacent properties. 6. Desi_cln Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (ALP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development permit or Use Permit is required for development projects proposed in the AlP. 1. Site Development Permits and Use Permits a. As articulated in Section Nine above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. b. All Use and Site Development Permits for proposed developments within 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 the Airport Industrial Park require City Planning Commission review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit or Use Permit is appealable directly to the City Council. The Planning Commission's decision on major modifications to an approved Site Development Permit or Use Permit is appealable to the City Council. Building Modifications a. Extedor modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be approved by the Planning Commission for all exterior modifications to existing structures, site design, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in the Ukiah Municipal Code. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this 18th day of October, 1995 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Cathy McKay, City Clerk Fred Schneiter, Mayor 17 .&. emmmmm · ::--~ mlmmlmll mime Immm Bemm mmmm Bm mmmm e B e Bee Bm e mmmeem ...~ ...... ::::~ mom .: .... ~ mmmmm~m m mmkmmm m mom mmmmmmmmmmmmmm Imamemmmmmmmm oeem~mmmea~ mmemmmmmmmeee I I I i I i i i I i i i I I I I i i i i i i i i I I I i i i i I I . i I ! i i ~ . i i i i i i i i i i i i i i I I I I i i i i I i i I I I i I I i i i i i I i i i i I i mi I I i i I i i I i I i ! i i t i i i I i i i I I I i i I I i i I I I i I i i i I I i i i I I I I i i i I i i i i i I I I i i i ! i I I I i i I Airport Indus~al Park Land Use Map DAMES & MOORE 8801 FOLSOM BOULEVARD, SUITE 200, SACRAMENTO, CALIFORNIA 95826 (916) 387-8800 FAX: (916) 387-0802 October 9, 1995 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attention: Rick H. Kennedy, P.E. Director of Public Works/City Engineer Dear Mr. Kennedy: Re: Proposal Leachate Evaluation Wells Engineering Feasibility Study of Corrective Action Measures for City of Ukiah Landfill Dames & Moore is pleased to present this proposal for installation of leachate evaluation wells at the City of Ukiah Landfill. This proposal has been developed based on the City of Ukiah's July 20, 1995 Request for Proposal (RFP) for Engineering Feasibility Study of Corrective Action Measures, our review of reports and information supplied by you, and our site reconnaissance conducted on September 26, 1995 with Mr. Jim Looney and yourself. 1.0 Scope of Work Based on the above, we propose to install a total of three (3) leachate evaluation wells within the landfill, and to perform pumping tests of leachate contained within the wells. Upon completion of the pump tests, a report will be prepared which will present our findings and recommendations regarding the feasibility of extracting leachate. Each of the above tasks is discussed in more detail below. Task I -- Install Three Leachate Evaluation Wells Three (3) leachate evaluation wells will be installed along the first bench of the landfill. The wells will be installed in areas which have historically exhibited excessive moisture and leachate seeps in the past. These three areas are also at or near the axes of three small drainages which existed prior to landfilling. The former drainages may have had seeps or springs within them prior to being filled. SAC170.18 OFFICES WORLDWIDE City of Ukiah October 9, 1995 Page 2 Proposal Leachate Evaluation Wells City of Ukiah Landfill Prior to initiation of field work, permits will be acquired from the Mendocino County Department of Environmental Health. Each well will be drilled to the base of the landfill refuse, which is expected to be approximately 50 feet below ground surface (bgs) at each of the locations. The wells will be drilled utilizing a truck-mounted hollow-stem auger drilling rig with 10-inch-diameter augers. Drilling cuttings will be logged to evaluate condition and type of waste encountered, and drive samples will be collected at the total depth of each boring. Upon reaching the base of refuse, a 4-inch-diameter monitoring well will be constructed in each borehole. Each well will be constructed using 20 feet of screen and 30 feet of blank casing. Costs have been presented for construction of either PVC or steel monitoring wells. The annulus of the borehole will be filled with 25 feet of clean sorted sand, and then filled to the ground surface with a cement/bentonite grout. Each well will be completed in an above-ground steel monument. Task 2 -- Pumping Tests Upon completion of the three leachate wells, the depth-to-landfill leachate will be measured, and short-term pumping tests will be performed. Pumping tests will be designed to evaluate sustainable leachate extraction rates and quantity of leachate contained in refuse. Initially, we had considered using existing City of Ukiah Well Wizard gas displacement pumps to conduct the pumping tests. Upon further review, we have concluded that pump cycling inherent to gas displacement pumps could compromise the quality of drawdown data derived during pumping. As an alternative, we propose using a 2-inch variable-flow-rate submersible pump. To reduce the hazards associated with using submersible pumps in the potential presence of methane, the well casings will be purged with nitrogen during the test and precautions will be taken to minimize the potential of dewatering the well. During each pumping test, leachate will be extracted at a constant flow rate. Anticipated flow rates will range from one to six gallons per minute and will be selected based on leachate thickness. Leachate levels in the pumping well will be monitored both electronically and manually. Frequent leachate level readings will be recorded electronically using a pressure transducer and data logger. Electronic readings will be verified with periodic hand water level SAC 170.18 City of Ukiah City of Ukiah October 9, 1995 Page 3 Proposal Leachate Evaluation Wells City of Ukiah Landfill readings. If an excessive rate of drawdown causes the pumping test to be terminated prematurely, the leachate level will be allowed to recover and the test will be restarted at a lower flow rate. Water levels will be monitored both during the pumping period and recovery period. Resulting drawdown and recovery data will be evaluated. Results of the leachate pumping test will be provided in the report proposed in Task 3. Task 3 -- Report Preparation Following completion of field activities, Dames & Moore will prepare a report summarizing the work completed and our findings. The report will also contain recommendations regarding the feasibility of extracting leachate. 2.0 Schedule ~ Dames & Moore is prepared to begin work upon approval of this proposal by the City of Ukiah. The following schedule is proposed: Schedule drilling subcontractor ........................... 2 weeks Perform field work .................................... 2 weeks Analyze Data ........................................ 2 weeks Prepare report ....................................... 2 weeks Thus, we anticipate that the project will be completed within 8 weeks of receipt of authorization. 3.0 Assumptions In preparing this proposal, Dames & Moore has assumed the following: Boreholes can be advanced to the total depth of refuse without encountering refusal; Nine hours for drilling and installing each well. Inclement weather will not limit access or impede progress of the field work; Unencumbered access to the landfill will be granted by the City of Ukiah; SAC 170.18 City of Ukiah City of Ukiah October 9, 1995 Page 4 Proposal Leachate Evaluation Wells City of Ukiah Landfill Cuttings from the borehole drilling can be disposed of within the active portion of the landfill; All purge and decontamination water can be disposed of in the on-site leachate ponds; and The City of Ukiah will survey the wellhead elevations relative to other wells at the site. 4.0 Cost Estimate Dames & Moore proposes to perform the work outlined above on a time-and-expenses basis. The total estimated charges are $24,168.50. These charges are detailed in the attached cost tables. The cost tables include information on the hourly rates for each individual involved in the work, and estimated costs for expenses and subcontractors. Additional costs for steel well casings are $1,500 per well. Dames & Moore proposes to perform the above scope of work as an addendum to our existing contract with the City of Ukiah. SAC 170.18 City of Ukiah City of Ukiah October 9, 1995 Page 5 Proposal Leachate Evaluation Wells City of Ukiah Landfill We appreciate the opportunity to present this proposal. Should you have any questions, please do not hesitate to call. Attachments Sincerely, DAMES & MOORE John D. Fawcett, P.E. Associate Engineer William R. Short, C.E.G. Associate Engineering Geologist SAC 17O. 18 City of Ukiah I TASK 1: Installation of Leachate Wells LABOR PERSONNEL CHARGES I Rate ect Manager - Fawcett Associate Geologist - Short - Olson - Eisen Staff Geologist - Thomason Technical Illustration Admin. Assistant Word Processing $112.00 $108.00 $80.00 $76.00 $51.00 $60.00 $45.00 $55.00 Hours Amount $0 $0 $o $o 35 $1,785 $0 $0 $0 Totals $35.OO $0 Subtotals 35 $1,7851 $1,785 EXPENSES REBILLABI F.S Vehicle (Hr) Vehicle (rental/day) Airfare Per Diem Phone/fax Miscellaneous Other No. of Units Rate $10.00 $0.300 3 $50.00 $0.00 $100.00 Subtotals Handling C]~arge Amount 10.0% $0 $o1 $o $3oo/ $30 $o $o $125 $13 $0 $0 $575 $581 II $632.50 EQUIPMENT Word Processing (Hr) CADD Time) Subtotals $10 $0.10 $10 $30 $5 $5 I $o $o[ $o OUTSIDE SERVICES/SUBCONSULTANTS Driller Other Permits Lab Testing Construction Equipment Rental Miscellaneous Supplies Subtotals $9,500 $60O $60 -. .... ::~?;i' $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,100 $1,010 .:....:.....:.: · . ...:.:.:.;.. .: .'!:i.i.:'. ... $11,11ol TASK TOTAL 1513,527.501 Tests LABOR PERSONNEL CHARGES ger - Fawcett Associate Geologist - Short - Olson - Eisen Staff Geologist - Thomason Technical Illustration Admin. Assistant Rate $108.00 $80.t30 $76.00 $51.00 $60.00 $45.00 Word Processing $55.00 Subtotals $35.00 _[ Hour________s _ Amount _/ Totals $o $o 16 $1,216 48 $2,448 $o $o $o $o 64~ EXPENSES I No. of I REBILLABLES Units Rate $10.03 Vehicle (rental/day) Air fare Per Diem Phone/fax $0.303 $50.03 $0.00 3 $100.00 1 $450.00 Amount Miscellaneous $450 Other $0 Subtotals $900 EQUIPMENT $0 $o $15o $o $300 $o $o Handling Charge 10.0% [ 15.0% $45 $o $90 $0tl $990~ Word Processing (Hr) CADD $1o $30 $5 $5 Subtotals $01 I I $420.00 OUTSIDE SERVICES/SUBCONSULTANTS $0 Lab Testing $0 Construction Equipment Miscellaneous Supplies $0 $0 $0 Rental $0 $o Subtotals $0 $o $01 $4,654.00] TASK TOTAL TASK3: Leachate Evaluation Report LABOR PERSONNEL CHARGES ect Manager - Fawcett Associate Geologist - Short - Olson ist - Eisen Staff Geologist - Thomason Technical Illustration Admin. Assistant Word Processing Subtotals Rate Hours Amount Totals $112.00 8 $896 $108.00 $80.00 16 $1,728 8 $640 $76.00 8 $608 $51.00 35 $60.00 $1,785 $0 $45.OO $0 $55.00 4 $220 $35.00 $0 791 $5,8771 $5,877 EXPENSES REBILLABI Vehicle (Hr) Vehicle (rental/day) Airfare Per Diem Phone/fax No. of Rate Amount $1o.oo $o Handling Cllarge Units 10.0% Miscellaneous Other EQUIPMENT Word Processing (Hr) $0.300 $50.00 $0.00 Subtotals CADD $10 $0 $0 $0 $0 $0 $o $1oo $o $100 $0 $O.lO $o $1o $o $30 $0 $0 $5 $o $5 $o Subtotals OUTSIDE SERVICES/SUBCONSULTANTS Driller Other Lab Testing Construction Equipment Rental Miscellaneous Supplies Subtotals $~Ol II Landscape $0 ::::::::::::::::::::::::::: $01 $110.00 $o $0 $o $o $0 ,0 $o $o ' :' $0 $o" $0 $0 ' I t TASK TOTAL I $5,987.001 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this .,~,/g-'-~ day of ~/~,~,z"~',,e.-/zS',,~'~4~_ , 1995, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and DAMES & MOORE, a California Corporation, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a, City requires consulting services related to the preparation an Engineering Feasibility Study of correction action measures and associated preliminary engineering studies for the purpose of remediating VOC impacts to groundwater at the northerly toe of the Landfill. bo Consultant represents that it has the qualifications, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. City and Consultant agree upon the Scope-of-Work attached hereto as Attachment "A", describing contract provisions for the project and the Work Schedule attached hereto as Attachment "B", setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES. · PAG£ i OF 14 ~1 ~J 3.0 3.1 4.0 4.1 4.2 4.3 4.4 Consultant and City acknowledge that the work of Task V may be modified to allow City to pursue other studies in support of a no-action or non-attainment alternative. The extent of the modifications cannot be determined until Consultant performs various Phases of other Tasks of the contract and subsequent to discussions with Regional Water Quality Control Board staff. CONDUCT OF WORK Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the time requirements set forth in the Work Schedule. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends its is entitled to further compensation. COMPENSATION FOR SERVICES Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $40,900. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel as indicated in Attachment "C", attached hereto which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same, are identified in Attachment "D". Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Exhibit "A" and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-contractor Pay..m..ent. The use of sub-consultants or other services to perti~rm a portion of the work of this Agreement shall be approved by City prior to commencement of work, and invoices for such work shall be attached to Consultant's invoice; the cost of sub-consultants is included within the $40,900 provided in Section 4.1. Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts.shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. Consultant has provided budget totals for each task identified in the Scope-of-Work for progress payment purposes. Progress payments will be made on a monthly basis and the total of progress payments for each Task will not exceed 110 percent of the budget amount for the respective Task. Final payment for the work of this Agreement will not exceed the guaranteed maximum compensation. The total of all progress payments prior to submittal of the Final Report shall not exceed 95 percent of the guaranteed maximum compensation amount. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 2 OF 14 5.0 5.1 5.2 6.0 6.1 ASSURANCES OF CONSULTANT Inder~.e. ndent Co.n. tractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. Conflict of .I n t e .r .e .s l[ . Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office CISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. . ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code I "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. . Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. . Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: Gener.a.! Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. . Automobile, Liability' $1,000,000 combined single limit per accident for bodily injury and property damage. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 3 OF 14 C+ De . Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. . Profession~ll Liability Coverage: $500,000 combined single limit per occurrence. If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. Deductibles .~nd Self-Inst.~red Ret. entions Any deductibles or self-instlred retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other lns. ur,a. nce Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. _Genera! Liab. ili~y and Automobile Liability Coverag~e.5 a. The City, it officers, officials, employees and w)lunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or vohlnteers. bo The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Co Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. do The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 4 OF 14 E, Fo Go e Worker's Compensation a,nd Employers Liabjlit. y Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3. Profession. al Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend to and include the date two years following the termination of this Agreement or Consultant shall purchase an Extended Reporting Period Endorsement to cover a period two years following the termination of this Agreement. 4. All Cov.erages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:Vll and who are admitted insurers in the State of Calitbrnia. Verification of Coverage -- Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or ali of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. AGREEMENT FOR PROFESSIONAL CONSULTING SERVIC 'E~ PAGE $ OF 14 6.2 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. CONTRACT PROVISIONS Ownership of Work. Ail documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. Severabi!ity. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification Of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. ~. In the event a suit or action is instituted to enforce any of the terms and conditions of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 6 OF 14 AGENDA SUMMARY ITEM NO. 9d DATE: OCTOBER 18, 1995 REPORT SUBJECT: AMEND CONSULTANT SERVICE AGREEMENT WITH DAMES AND MOORE FOR THE CONSTRUCTION AND TESTING OF LEACHATE EXTRACTION WELLS AT THE UKIAH LANDFILL The attached proposal from Dames and Moore for the construction of three (3) leachate extraction wells and the subsequent testing and preparation of a report of findings has been submitted pursuant to the Scope-of-Work under Phase I of Task III of our Consultant Service Agreement. The work included in the attached proposal is work to be performed pursuant to Phase II of the same task. As called for under the Agreement, the work of Phase II are additional services and shall be negotiated with the Consultant and added to the Service Agreement as an amendment. The Consultant proposes to perform the additional services on a time and expense basis at a total estimated cost of $24,168.50 based on assumptions identified under Section 3.0, "Assumptions" of their proposal. Should the City desire steel well casings in-lieu of the PVC casings requested by the Director, an added cost of $1,500 per well is proposed, or an additional amount of $4,500 for the three (3) wells. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize the Mayor to execute an Amendment to the Consultant Service Agreement with Dames and Moore to allow for the construction and testing of three (3) leachate extraction wells and the preparation of a Report of Findings at a compensation based on a time and expense basis not to exceed $24,200. Authorize the expenditure of budgeted funds as indicated under appropriation requested. ALTERNATIVE COUNCIL POLICY OPTIONS: Leachate extraction wells are necessary to perform the required Leachate Extraction Feasibility Study. Only alternative is to seek other proposals which will delay the drilling work prior to inclement weather. Appropriation Requested: Account No. 660-7301-250-003 $ 9,100 Account No. 660-7301-250-005 $15,100 Total Authorization $24,200 Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer /~... Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Consultants Proposal for Leachate Evaluation Wells. 2. Applicable Sections of Service Agreement. 3. Proposed Amendment to Service Agreement. Amended Consultant Service Agreement with Dames and Moore for the Construction and Testing of Leachate Extraction Wells at the Ukiah Landfill October 18, 1995 Page 2 Because of the low pH of leachate the Consultant recommends the use of PVC casings. The probability of well bore collapse by reason of landfill mass movement is low. The proposed hourly rates for the additional services are consistent with the contract hourly rates and the cost for drilling and testing for each well of $6,060 (the sum of $13,527.50 + $4,654.00 divided by 3 wells), excluding reporting costs of $5,987.00, is in line with a budget figure of $5,232 per well as provided in the Consultant's original proposal. The three (3) wells and their locations were recommended by the Director of Public Works after conducting interviews with former landfill employees and after the review of a 1972 topographic map of the landfill. The Consultant was present during the interviews and after studying old aerial photos and other source documents, the Consultant agrees with the number and location of the proposed leachate extraction wells. The extraction wells will either confirm or reject our theory, that the groundwater impact at the northwest toe of the landfill is due to seeps within shallow ravines which were filled with refuse between 1972 and 1980. The seeps contribute to leachate production which collects along the south side of the berm along the north toe and then is hydraulically directed west. There is indication that the bottom of the refuse was kept above the bottom of the old creek bed and therefore is above the static groundwater table. Removal of the leachate buildup within the landfill mass will, in theory, reduce the groundwater impact noted along the west toe. If we are able to remove the leachate buildup and control its source via french drains within the tributary area above and south of the landfill area, there is a good possibility that groundwater treatment as a remediation measure will not be necessary and that natural biological degradation of the contaminates can occur. A Leachate Extraction Feasibility Study is required under the City's current Waste Discharge Requirements. The number and location of leachate extraction wells which must be constructed as a part of the Feasibility Study has been determined from studies of older aerial photos, topographic maps, and interviews with former landfill employees. It is recommended by the Director of Public Works that the Consultant Agreement with Dames and Moore be amended to include the additional work as proposed on a time and expense basis not to exceed $24,200. It is recommended that the balance remaining within the budgeted $50,000 for the Engineering Feasibility Study and Corrective Action Program (Account No. 660-7301-250) in the amount of $9,100 and the amount of $15,100 from the budgeted amount of $157,500 for Gas Collection System Construction (Account No. 660-7301-005) be authorized to fund the needed additional services. R: 1 ~klqDFILL:KK ADAMES 7.9 7.10 8.0 allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts.. Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 DAMES & MOORE 8801 FOLSOM BOULEVARD, SUITE 200 SACRAMENTO, CALIFORNIA 95826 AGREEMENT FOR PROFESSIONAL CONSUl.TING SERVICES PAGE 7 OF 14 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CANDACE HORSLEY ACTING CITY MANAGER DAMES BY' SENi No D' FAWCETT R ENGINEER CITY CLERK Date APPROVED AS TO FORM: CITY ATTORNEY, CITY/J~ UKIAH ATTACHMENTS g,, B. C. D. Scope-of-Work Work Schedule Schedule of Rates Schedule of Fees for Direct Expenses B:AGR£EMENTS AGREEMENT FOR PROFESSIONAl. CONSUl.TING SERVICES PAGE 8 OF 14 NOTE: II. ATTACHMENT "A" SCOPE-OF-WORK BY TASK Review phase to gain full understanding and knowledge of landfill conditions as it pertains to VOC impact to groundwater. A. SITE INSPECTION: Perform site inspection to become familiar with location of landfill facilities including, but not limited to, groundwater monitoring wells, gas monitoring wells, leachate holding ponds and collection main, sedimentation ponds, down drains and benches. Review and inspect with designated Landfill employee location of historical leachate breakouts. a. INTERVIEW LANDFILL EMPLOYEE~g: Conduct interviews with current and former Landfill employees to learn the trouble areas such as problem ponding areas, possible springs and seeps and other pertinent information. It is suggested that one interview be conducted off-site with all former Landfill employees. Director of Public Works/City Engineer will select employees and will coordinate meeting with consultant. Current Landfill employees are to be interviewed on-site. Co LANDFILL RECORDS: Review Article 5, Detection Monitoring Program, WDR Order No. 94-123, Monitoring and Reporting Program No. 94-123, groundwater well installation and construction reports, Landfill Gas Monitoring Program, Storm Water Prevention Plan, and applicable sections of RDSI and Preliminary Closure and Post- closure Plans to become familiar with the specific geologic, hydrogeologic, geochemical and hydrochemical characteristics of the site, adopted WQPS, detection monitoring program, initial evaluation program and COC's to be monitored. Review current and historical aerial photos and topographic maps, correspondence between Regional Water Quality Control Board and City, EIR prepared by Eric Toll, and other available records as determined necessary by the consultant. Copies of the documents will be loaned to the Consultant for review at Consultants place of business. Original reports and documents officially included in the Landfill Record WILL NOT be removed from City Hall. Consultant will allow City reasonable time to produce copies of documents requested by Consultant. The cost for performing the work of this Task shall be included in the guaranteed maximum compensation. Work Items Related to Evaluation Monitoring Program. A. Complete WQPS for COC's 1. Concentration limit for COD at Well 90-3. The concentration limit for COD constituent at Well No. 90-3 was not AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 9 OF 14 e established at the time Article 5, Detection Monitoring Program, was published in April of 1993 due to insufficient data. Utilizing current and appropriate past data, Consultant shall determine statistically the COD concentration limit for Well No. 90-3 using the tolerance interval method; reference is made to Attachment "E" and Page 2 of Monitoring and Reporting Program No. 94-123 and Appendix D and E of Article 5, Detection Program. Provide time (monitoring event) - Concentration (value) Graphs. Input data into a Microsoft - Excel Software Program (Version 5.0) to produce time - concentration graphs for groundwater monitoring wells, surface water monitoring points, and leachate monitoring data for the indicated monitoring parameters: (a) Quarterly Field Parameters, and Quarterly and Annual Monitoring Parameters as listed in Table II, "Groundwater Monitoring Program" of WDR, Page 6 for the following Groundwater Monitoring Wells: Well No...87-1 Period: 4 quarters 1989 and 1990, one quarter of 1991 and 1992, and 4 quarters of 1993 and 1994 and 2 quarters of 1995. Well Nos, 90-1 thru 90-8 Period: I quarter of 1990, 4 quarters of 1991, 1992, 1993, and 1994, and 2 quarters of 1995. Well Nos. 92-! thru 92-3 Period: 4 quarters of 1993 and 1994, and 2 quarters of 1995. Well No. 92-4 Period: 4 events in 1993, 4 quarters of 1994, and 2 quarters of 1995. Well NO, 94-2 - 2 Periods of 1995 Only those VOC's detected in the Wells need to be plotted. Well No..8.7-1 - Chloromethane, dechlororodifluoromethane, methylene, chloride. 90-93. Well No. 90-1 - None Well No. 90-2 - None Well No. 90-3 -CIS - 1,2-Dichloropropene Well No. 90-4 - Vinyl chloride, CIS 1,2-Dechloroethane, dichlorodiflu - oromethane Well No. 90-5 - Vinyl chloride, chloroethane, CIS 1,2-Dichloroethylene, benzene. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 10 OF 14 Well No. 90-6- None Well NO, 90-7- None Well No, 90-8 - P- & M- xylene, o-xylene, benzene ethylbenzene, toluene. Well NO, 92-! -Chloroethane, CIS - 1,2-dichloroethylene, 1,1- Dichloroethane vinyl chloride. Well NO, 92-2 -None Well No, 92-3 - None Well No, 9.2-4- Benzene, toluene, acetone. Well No. 94-2- None (b) Quarterly field parameters and quarterly monitoring parameters as listed in Table III, "Surface Water Monitoring Program" of WDR, Page 7 for S-I and S-2 surface water monitoring points between period beginning last quarter of 1988 and ending second quarter of 1995. (c) Monthly field parameters, semi-annually monitoring parameters and annual constituents of concern as listed in Table I, "Leachate Monitoring Program" of WDR, Page 4 for leachate samples taken from December 1988 to April 1995. (d) Consultant shall provide one (1) hard copy of each time-concentration graph produced and one (I) copy of 3-1/2 working computer disc. These graphs will become a component of the Evaluation Monitoring r~~am a~l be utilized in the Corrective Action Program. Investigation of Extracting Leacllate fro~ Subsequent to the review of the seismic refraction profile (Appendix J, Volume II, RDSI), groundwater and gas monitoring well logs, and other pertinent reports and available information and data and following employee interviews, Consultant shall propose the number and location of borings needed and type of testing required to investigate the feasibility of leachate extraction from the western half of the landfill. At a minimum, there shall be one (1) boring on the first bench in line with Gas Well No. 4 and Groundwater Monitoring Well No. 90-5. After receiving Consultant's proposal and cost estimate for the boring work including observation and testin~ such as pumping, borehole video, etc. (Phase I of this Task), City shall determine a scope-o{'- work for boring and testing and City and Consultant shall negotiate Consultants compensation for performing the boring and testing work. The work shall include a report of findings and recommendation regarding the feasibility of extracting leachate from the landfill (Phase II of this Task). IV. V. ! The cost for performing the work of Phase I of this Task shall be included in the guaranteed ~ maximum compensation with an appropriate monitory deduction which would be made to the maximum compensation should Phase I be deleted prior to executing the professional services contract. Cost for performing the work of Phase Il shall be negotiated. Preliminary Engineering for the Reconstruction and Lining of Leachate Holding Ponds and Disposal to Public Sewer System. Consultant shall perform preliminary engineering design for the reconstruction and lining of the leachate holding ponds. Preliminary engineering design shall include capacity analysis based on rainfall, runoff, and tipping area exposed during rain season, layout of reconfigured ponds, details, and cost estimate for budgeting purposes. Preparation of final plans and contract documents are _not a part of this Task. Consultant shall also perform a brief feasibility study which shall include a budget cost estimate for the installation of a pump, force main and gravity main to the existing sanitary sewer main in Vichy Springs Road for purposes of leachate disposal to a public sewer. The preferred route for the force main is along the southerly access road to the location of Gas Well No. 4. Behind Gas Well No. 4 the gradient of the Terrain will permit the use of a gravity line to Vichy Springs Road. The gravity line would be installed on an adjacent parcel owned by the City and known as the Gun Club property (AKA Landfill buffer zone). Currently, the City disposes leachate by water truck transfer to sewer manholes located within the easterly City limits. Leachate disposal to Sewer Treatment Plant is permitted under an approved monitoring program (reference is Report prepared by Kennedy/Jenks). The cost for performing the work of this Task shall be includ~ in the guaranteed maximum compensation with an appropriate monitory deduction which would be made to the maximum compensation should the work of this Task be deleted prior to the execution of the professional services contract. Engineering Feasibility Study of VOC Corrective Action Measures. The Consultant shall prepare an engineering feasibility study of corrective action measures or systems that can be taken or incorporated to achieve the removal of VOC contaminates in groundwaters along the northerly toe of the landfill footprint for the purpose of achieving water quality objectives. The study shall be consistent with applicable regulations (Title 23, CCR Chapter 15, Article 5, Section 2550.8, (k)(6); Title 40, CFR, Chapter 1, Subchapter l, Pan 258, Section 258.56). At a minimum, the feasibility study should include the following: 1. Corrective action objectives. 2. Applicable site information. 3. Review of regional and local geology and hydrogeology. 4. Summary of groundwater quality and site specific water quality protection standards. 5. Written presentation of corrective action alternatives. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 12 OF 14 . e Evaluation of selecte__.____~d alternatives based on performance, reliability, ease of implementation, time required to begin and complete remediation, life cycle costs of alternatives and other evaluation criteria as deemed necessary or recommended by the Consultant. This task will be performed in two phases. After the Consultant has become familiar with site conditions, monitoring data and objectives, consultant shall submit report to City which shall discuss various systems or methods available for VOC remediation that are applicable to the Ukiah Landfill. Approximate life cycle costs shall be provided for each system or method. Consultant shall recommend at least three (3) systems or methods for further detailed study and the reasons behind the recommendation. Consultant shall meet with City for consultation and presentation. City will confirm which systems or methods deserve further detailed study in the second phase. The second phase will consist of more detailed study and presentation as described above and the completion of the Engineering Feasibility Study. Consultant shall provide presentation of completed study to City Council. Methods of confirming or monitoring the corrective action effectiveness (Corrective Action Plan). The cost of performing the work of this Task shall be included in the guaranteed maximum compensation. II:AGREEMENT DAMES AGREEMENT FOR PROFESSIONAl. CONSULTING SERVICES PAGE 13 OF 14 ATTACHMENT "B" SCItEDULE FOR COMPLETING WORK PAGE 1 OF 1 le 2. 3, . . 6, Consultant Performs work of Contract (90 days) Draft Study/Report delivered to City City reviews Draft Draft revisions and preparation of Final Report Final Report to City Council for adoption and selection of preferred corrective system Final Report to North Coast R.W.Q.C.B. Sept 15 - Dec 15, 1995 December 15, 1995 Dec 15 - Dee 22, 1995 Jan 2 - Jan 10, 1996 January 17, 1996 January 19, 1996 B:AGREEMENTS DAMES AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 14 OF 14 CITY OF UKIAH AMENDMENT TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES TERMS OF CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services between the City of Ukiah and Dames and Moore, dated September 1995, shall remain in full force and effect except as modified by this and previous executed Amendments. AUTHORIZATION Upon execution of this Amendment, Consultant shall perform the work described under "Scope- of-Work" of this Amendment, in a timely manner, on a time and expenses basis not to exceed the total amount of compensation indicated for the Scope-of-Work. SCOPE-OF-WORK The Agreement is hereby amended pursuant to the provisions of Paragraph 2.2, "Additional Services", of the Agreement by the addition of the following Scope-of-Work: Consultant shall install a total of three (3) leachate evaluation/extraction wells within the landfill mass and shall perform pumping tests of leachate contained within the confluence zones of the wells. Upon completion of the pump tests, Consultant shall prepare a report which will present the findings and recommendations regarding the feasibility of extracting leachate. The above described work is segregated into the following work tasks: TASK I - Installation/Development of three (3) Leachate Evaluation Wells. TASK II- Pumping Tests TASK III - Report PreparatiOn The work of each task is fully described and detailed in Consultant's Proposal dated October 9, 1995, which is attached hereto and incorporated into this Amendment as Attachment "A". City shall provide those services described in Section 3.0 "Assumptions", of the Proposal. WORK COMPLETION The work of this Amendment shall be completed within eight (8) weeks from the date of the execution of this Amendment. Additional days shall be granted for each inclement weather day ITEM NO. 9e DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING DOWNTOWN PARKING IMPROVEMENT PROGRAM At the March 15, 1995 meeting, the City Council considered the Downtown Parking Improvement Program and its implementing resolution. During the course of discussions, several issues of concern were raised by the Council regarding employee parking, enforcement, 24 minute space allocations along School Street, bicycle parking, and provisions for increased Conference Center and Plaza parking. Since the March 15 meeting, staff has met with a number of downtown groups and individuals, parking enforcement staff, County Administration, and Courthouse staff. Our discussions with these groups have produced what staff believes to be workable solutions to the questions raised by Council. Employee parking is by far the most crucial issue to be addressed by the Program, and it will be essential for this single issue to be resolved before downtown revitalization can attain any further success. To that end, staff has been discussing with Mendocino County Administration the potential for County sponsored permits for employees. Deputy Administrator, Jim Anderson, has conducted a confidential survey of employees who are not provided on-site parking. Responses to that survey (Continued on Page 2) RECOMMENDED ACTION: Adopt resolution approving Downtown Parking Improvement Program ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Program requires further revision and remand to staff. 2. Determine Program adoption is inappropriate at this time and take no action. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: N/A Prepared by: Larry DeKnoblough, Assistant Redevelopment Director Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution R:4/CM:^SRDPP Ca--ce Horsley, Ci{~ I~lana-ge! indicate 115 employees currently employed in downtown offices would require parking permits. City staff has also surveyed all individuals currently registered on the Parking District's waiting list. That list contains 44 individuals, 32 of whom are employed in various downtown businesses, with the remaining 12 being employed in County offices. Virtually all of these individuals have requested parking west of State Street. There are currently only two Lots located in that area of the west side which are available for increased employee parking. Lot A, which is located adjacent to the Post Office, contains 126 spaces, 65 of which are now permitted. Lot B is located on the northwest corner of Stephenson and Oak Streets, and contains 29 spaces, 14 of which are currently permitted. That would make available 76 spaces to be utilized for employee parking. Staff would recommend that at least 20 spaces be retained in Lot A in order to provide metered public parking to serve the limited commercial activity adjacent to the Lot. This would still provide 56 available spaces between Lots A and B, and allow the Parking District to provide permits to the 44 individuals currently on the waiting list. As is apparent by these numbers, there is inadequate off-street parking resources to serve all of the 115 County employees who may need permits. The Parking District does include Lot C, which contains 115 spaces and is located east of State Street at the corner of Standley and Main. Of the 115 spaces in that Lot, 63 are currently permitted, leaving a maximum availability of 52 spaces. As this has traditionally been the least desirable location, it is reasonable to assume a Iow number of employees will wish to utilize these spaces. This Lot is, however, specifically referenced by the Jury Commissioner in the Jury Duty Summons for preferred juror parking. Staff would recommend this practice remain in effect and that permits for this Lot be limited to a total of 75 to allow adequate juror and library use parking. In any case, the Parking District does not contain adequate off-street resources to service current permitted customers, the 44 customers on the waiting list, and an additional 115 County employees. The Parking Pregram does, however, consider the use of on-street permit parking in specific locations identified in Exhibit A of the Program. When this issue was discussed at the March 15 meeting, the Council expressed concern regarding encreachment into the commercial, as well as impacts upon residential, neighborhoods. The locations proposed by staff in Exhibit A have taken these concerns into consideration. Staff has specifically listed the streets on a block-by-block basis, and limited the number of spaces which may be utilized for permits. This will prevent the overselling of permits and retain a mix of spaces to serve the limited public demand these areas incur. As Exhibit A indicates, there are 157 on-street spaces which could be utilized for permits. Should the County Administration's projected number of 115 be realized, there is more than adequate resources to meet this need. The issue of jury parking presents a more problematic concern. Jury Commissioner, Linda Millspaugh, has indicated there are an average of 135 to 175 jurors summoned on any given Monday, however, for the remainder of the week the number of jurors is significantly less. Because of this fluctuation in demand, it is impossible for the Parking District to dedicate spaces for the sole use of jurors. Rather, the Parking Program establishes the foundation and provides direction for staff to coordinate with the Jury Commissioner and Downtown Merchants to develop a program specifically for jurors. Essentially, the two methods suggested in the Program are complimentary, or validated parking, if possible. This issue was very important to the Downtown Master Plan Committee, as they felt it was essential for jurors visiting Ukiah to have as positive an experience as possible. Should the Program be adopted with this provision in place, staff will initiate a series of meetings with the Jury Commissioner's office and merchants in an effort to develop a program for the Council's consideration. Other issues brought forth by the Council at the March 15 meeting, were to request minor revisions to bicycle parking requirements and allocation of 24-minute spaces. "Policy J" has been amended to include the phrase "or 15% of the required parking, whichever is greater." "Policy C" has been amended to limit the number of 24-minute spaces to "two per side of each block" of School Street. As was presented to the Council in March, the Parking Program is a project completed by the Downtown Master Plan Committee, reviewed extensively by the public, and recommended for approval by the Traffic Engineering Committee and Planning Commission. Staff believes this public process, coupled with the input received from Council review, has produced a document which should address a longstanding problem. More importantly, the Parking Program will provide the basis for a series of implementing ordinances which will specifically address individual issues which have helped to inhibit downtown development. The direction provided by the Program is in direct response to the needs of downtown visitors, shoppers, and business owners. For these reasons, staff recommends approval of the Program and adoption of the Resolution Adopting the Downtown Parking Improvement Program. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND ADOPTING THE DOWNTOWN PARKING IMPROVEMENT PROGRAM WHEREAS, on June 5, 1992, the City Council and the Ukiah Redevelopment Agency adopted the Ukiah Downtown Revitalization Master Plan; and WHEREAS, the Master Plan identifies an inefficient utilization of existing resources and calls for improved management of those resources through the development of a Parking Improvement Program, of which various elements are defined within the Master Plan; and WHEREAS, the Downtown Master Plan Committee has continued to convene and subsequently completed the proposed Downtown Parking Improvement Program, as defined in Exhibit "A" of this document; and WHEREAS, extensive public input from downtown merchants, businessmen, and employees, as well as the City of Ukiah Traffic Engineering Committee, Planning Commission, and general citizenry, has been sought and included in the Program. NOW, THEREFORE, BE IT RESOLVED, that pursuant to directives established in the Downtown Revitalization Master Plan, the City Council does hereby approve and adopt the Downtown Parking Improvement Program. PASSED AND ADOPTED this 18th day of October, 1995, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk 4: Res: Parking PREPARED BY THE UKIAH REDEVELOPMENT AGENCY October, 1995 DoWntown rkjn pr6gra I Introduction This program is intended to implement the policies and directives identified in the Downtown Revitalization Master Plan, adopted by the City Council and Ukiah Redevelopment Agency on June 5, 1992. While the Master Plan identified resources in excess of 1,400 parking spaces in the downtown, it also identified a number of deficiencies in the use of those resources. Collectively, these findings indicate the most efficient and cost-effective method of improving downtown parking is to maximize the utilization of existing resources, while remaining vigilant and responsive to increasing demands resulting from successful revitalization. This finding has become the foundation of the Program, and has led to the formation of the following goals, objectives and Program policies: Pro_tram Goals Goal 1. Maximize the utilization of existing parking resources. Goal 2. Provide flexibility and creativity in solving the parking problems associated with downtown revitalization. Goal 3. Enhance and diversify the parking scheme in the downtown. Goal 4. Increase pedestrian, bicycle, and mass transit access. Goal 5. Increase off-street parking resources in response to demand from new development and Redevelopment projects. Proaram Objectives O-1. Utilize the existing parking lots for designated downtown employee parking. 0-2. Provide Incentives to ensure use of the existing parking lots by employees. 0-3. Enhance identification of off-street parking lots. 0-4. Establish designated juror parking for the Courthouse. O'5. Provide alternatives to individual vehicle use through the increase and enhancement of pedestrian, bicycle, and mass transit access, services, and parking facilities in the downtown. Downtown Parkin,q Pro.qram Policies Policy A: Business Owner and Employee Parkinp It shall be the primary policy of the Downtown Parking District to ensure employee parking within the downtown core be concentrated off-street whenever possible, and that parking permits be available upon request. Downtown Parking Permits shall be issued on a specific location basis. Permits for off-street spaces may be made available in the areas designated in Exhibit "A." Policy B: Permit and Meter Fees The City Council may from time to time consider, adopt, and/or revise a Fee Schedule for metered and permitted public parking. Said Fee Schedules shall be reviewed by the Council during the annual budget process for the purpose of considering fee adjustments, or at such other times as the Council deems necessary. A volume discount shall be integrated into the adopted Fee Schedule for businesses, organizations, and/or agencies seeking to secure a minimum of six (6) or more parking spaces within the Parking District on an annual basis. Every effort shall be made to research and develop incentives for ridesharing to induce carpooling among downtown employees and shall also be incorporated into the Fee Schedule. Policy C: Time Zones Time zones within the Parking District are enforced Monday through Friday, 8:00 a.m. to 5:00 p.m. only, and on-street parking within these time zones shall remain unmetered and free to the public during non-enforcement hours. The Parking District may, however, enforce parking regulations, time limits, and/or fees within off-street municipal parking facilities, seven (7) days per week, 24 hours per day in response to increased demand on resources. Parking regulations within each municipal facility shall be so posted and approved by the City Council. The Downtown Master Plan identifies the need for some short-term parking times within the Parking District to meet the specific needs of businesses and create high turnover of parking spaces. Time zones must be balanced to accomplish this goal while not overburdening enforcement and still creating the opportunity for "browsing" in the downtown. To enhance the availability of parking resources and create turnover for the destination customer, 24 minute spaces shall be established along each block of School Street. The number of spaces so designated shall be determined by business needs and the overall number of spaces available within that block. In no case shall the number of 24-minute spaces exceed two per side of each block. Policy D: Metered Parkin¢! Metered parking shall be limited to the area of the District east of Pine Street; with the exception of School Street, between Smith and Clay Streets. On-street meters shall provide for up to a five (5) hour maximum, and off-street meters shall provide for a ten (10) hour maximum. This action is to encourage centralized long-term parking off-street. Policy E: Handicapped Parking Handicapped parking shall be placed within all municipal parking facilities at a ratio of one handicapped space per 25 standard spaces. On-street handicapped parking shall be provided on School and Main Streets, at the rate of one space per 500 lineal feet of curb frontage. This requirement may be satisfied by the provision of additional spaces within appropriately located municipal lots. Policy F: Parking Resource Improvements Parking facility improvements include landscaping and aesthetic upgrades, and the acquisition and the eventual construction of new facilities. Improvements to existing facilities shall be accomplished through the streetscape improvement Program and will include Iow intensity decorative security lights, enhanced pedestrian walkways through the lots, perimeter landscaping, and interior tree planters. All parking lot improvements will be completed in accordance with the Downtown Design Guide. On-street parking resources shall be increased where possible through the elimination of unnecessary loading zones, no parking zones, and the realignment of parallel spaces to diagonal spaces. The Redevelopment Agency will initiate negotiations with applicable property owners along the west side of Main Street for the purpose of securing long term leases on underutilized poorly configured parcels and inaccessible existing private lots. Acquisition of leases on these properties will allow the Agency to improve these properties through consolidation, coordination of circulation, and aesthetics. The net effect will be the creation of additional resources on currently undeveloped and highly underutilized properties, maximizing existing resources, while minimizing large acquisition costs. Policy G: Public Awareness The public awareness Program shall include an active campaign to promote not only identification of facilities but usage as well. City lots are currently identified by signage, however, landscape improvements should provide spotlighting of those signs along with security lighting throughout the lots. Informational flyers and brochures, including maps and type of parking available, shall be developed and distributed to downtown businesses, inserted in local publications, and distributed through utility billings. Workshops with downtown businesses should include counseling employees to promote a positive image of downtown shopping and parking. Policy H: Jury Parking Every effort shall be made to develop and maintain a Program which provides convenient, available, and if possible, complimentary parking for jurors encouraging them to shop and eat in the downtown while on jury duty. A specific Program shall be completed in cooperation with the Jury Commissioner's office and forwarded to the City Council for approval. Policy I: Requirements for New Development Parking requirements for new construction within the Parking District shall be calculated at one space per 350 square feet of net leasable space, eliminating hallways, closets, elevator shafts, restrooms, and mechanical equipment areas from the calculations. An in-lieu parking fee shall be established within the Parking District to assist development of private parcels and provide for future resources. The purpose of these fees is to allow property owners in possession of parcels too small to support development with on-site parking, to "purchase" off-site spaces. By opting for an in-lieu fee, these owners can increase the square footage of a project, making it economically feasible, while funding future improvements to public facilities to offset project impacts. This should facilitate new development on many of the smaller parcels which currently would require a cumbersome, and difficult to attain, variance. Policy J: Bicycle Parkin¢l The Downtown Parking Improvement Program provides for the addition of new bike racks strategically placed along downtown streets and within public lots. In addition, the adoption of this Program will provide developers with a parking requirement exemption for new construction at the rate of three bike spaces per vehicle space, not to exceed the exemption of two (2) spaces per parcel, or 15% of total parking requirement, whichever is greater. Bicycle parking amenities will be incorporated into the landscape and pedestrian areas as well as within municipal lots. Bicycle traffic will be encouraged along all downtown streets. Bike lanes shall be included in future street improvements wherever possible. Policy K: Future Improvements Off-street parking facilities are lacking south of Church Street. This area should be targeted first for future parking expansion. Additional off-street parking may be needed north of Church Street, contingent upon development and/or revitalization of the Palace Hotel and the completion of potential restaurants in this area. Further improvements and increases in resources may include expansions of existing facilities and should be based upon demand created by future projects and the success of the revitalization effort. The Master Plan calls for close monitoring of parking demand, and development of resources in response to increases in that demand. With improvements in the impact of employee parking, the need for additional resources should be assessed at a future date. The City of Ukiah and Ukiah Redevelopment Agency shall, in cooperation with the Mendocino Transit Authority, initiate a public transportation Program for the downtown. This Program shall include a designated shuttle service connecting the Redwood Business Park, Perkins Street Shopping District, and the Downtown Shopping District. Every effort shall be made to create this service through a public/private partnership with direct funding being provided through businesses and retailers within the service area. Rider charge to the public for this shuttle service should be complimentary, if possible. Future improvements identified in this Program are intended to ensure greater availability of both on- and off-street parking resources and provide the foundation to meet any increasing demands in accordance with the Downtown Master Plan. Policy L: Administration Parking development, implementation, and administration of the Parking District will be the responsibility of the Redevelopment Agency in the course of carrying out the responsibilities of the Downtown Master Plan. Enforcement will remain the responsibility of Public Safety and the Redevelopment Agency will coordinate with the Traffic Engineering Committee in parking issues which may result in impacts to traffic circulation. 4:URA:Parking ' Rev:lQ/5/95 EXItlBIT "A" On-Street Permit Locations Oak Street (Between Church & Seminary) 25 100% School Street (Seminary to Clay) 5 45% (Henry to Smith) 12 63% Pine Street (Henry to Smith) 5 45% (Smith to Standley) 5 41% (Perkins to Church) 5 41% (Church to Stephenson) 5 45% (Stephenson to Clay) 5 41% Bush Street (Smith to Standley) 10 71% (Standley to Perkins) 5 50% (Perkins to Church) 7 50% Seminary (State to School- median) 14 100% postable (School to Oak- median) 14 100% postable (School to Oak- curbside) 9 69% Clay Street (West of Oak) 10 50% Perkins (Oak to Pine) 4 57% (Pine to Bush) 4 50% Standley (Oak to Pine) 7 64% Smith Street (Oak to Pine) 2 40% (Pine to Bush) 4 57% TOTAL 157 Prime locations to be utilized first AGENDA SUMMARY ITEM NO. 9d DATE: OCTOBER 18, 1995 REPORT SUBJECT: AMEND CONSULTANT SERVICE AGREEMENT WITH DAMES AND MOORE FOR THE CONSTRUCTION AND TESTING OF LEACHATE EXTRACTION WELLS AT THE UKIAH LANDFILL The attached proposal from Dames and Moore for the construction of three (3) leachate extraction wells and the subsequent testing and preparation of a report of findings has been submitted pursuant to the Scope-of-Work under Phase I of Task III of our Consultant Service Agreement. The work included in the attached proposal is work to be performed pursuant to Phase II of the same task. As called for under the Agreement, the work of Phase II are additional services and shall be negotiated with the Consultant and added to the Service Agreement as an amendment. The Consultant proposes to perform the additional services on a time and expense basis at a total estimated cost of $24,168.50 based on assumptions identified under Section 3.0, "Assumptions" of their proposal. Should the City desire steel well casings in-lieu of the PVC casings requested by the Director, an added cost of $1,500 per well is proposed, or an additional amount of $4,500 for the three (3) wells. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Authorize the Mayor to execute an Amendment to the Consultant Service Agreement with Dames and Moore to allow for the construction and testing of three (3) leachate extraction wells and the preparation of a Report of Findings at a compensation based on a time and expense basis not to exceed $24,200. Authorize the expenditure of budgeted funds as indicated under appropriation requested. ALTERNATIVE COUNCIL POLICY OPTIONS: Leachate extraction wells are necessary to perform the required Leachate Extraction Feasibility Study. Only alternative is to seek other proposals which will delay the drilling work prior to inclement weather. Appropriation Requested: Account No. 660-7301-250-003 $ 9,100 Account No. 660-7301-250-005 $15,100 Total Authorization $24,200 Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer ,L~j/_ Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer ~ Coordinated with: Candace Horsley, City Manager Attachments: 1. Consultants Proposal for Leachate Evaluation Wells. 2. Applicable Sections of Service Agreement. 3. Proposed Amendment to Service Agreement. Amended Consultant Service Agreement with Dames and Moore for the Construction and Testing of Leachate Extraction Wells at the Ukiah Landfill October 18, 1995 Page 2 Because of the low pH of leachate the Consultant recommends the use of PVC casings. The probability of well bore collapse by reason of landfill mass movement is low. The proposed hourly rates for the additional services are consistent with the contract hourly rates and the cost for drilling and testing for each well of $6,060 (the sum of $13,527.50 + $4,654.00 divided by 3 wells), excluding reporting costs of $5,987.00, is in line with a budget figure of $5,232 per well as provided in the Consultant's original proposal. The three (3) wells and their locations were recommended by the Director of Public Works after conducting interviews with former landfill employees and after the review of a 1972 topographic map of the landfill. The Consultant was present during the interviews and after studying old aerial photos and other source documents, the Consultant agrees with the number and location of the proposed leachate extraction wells. The extraction wells will either confirm or reject our theory, that the groundwater impact at the northwest toe of the landfill is due to seeps within shallow ravines which were filled with refuse between 1972 and 1980. The seeps contribute to leachate production which collects along the south side of the berm along the north toe and then is hydraulically directed west. There is indication that the bottom of the refuse was kept above the bottom of the old creek bed and therefore is above the static groundwater table. Removal of the leachate buildup within the landfill mass will, in theory, reduce the groundwater impact noted along the west toe. If we are able to remove the leachate buildup and control its source via french drains within the tributary area above and south of the landfill area, there is a good possibility that groundwater treatment as a remediation measure will not be necessary and that natural biological degradation of the contaminates can occur. A Leachate Extraction Feasibility Study is required under the City's current Waste Discharge Requirements. The number and location of leachate extraction wells which must be constructed as a part of the Feasibility Study has been determined from studies of older aerial photos, topographic maps, and interviews with former landfill employees. It is recommended by the Director of Public Works that the Consultant Agreement with Dames and Moore be amended to include the additional work as proposed on a time and expense basis not to exceed $24,200. It is recommended that the balance remaining within the budgeted $50,000 for the Engineering Feasibility Study and Corrective Action Program (Account No. 660-7301-250) in the amount of $9,100 and the amount of $15,100 from the budgeted amount of $157,500 for Gas Collection System Construction (Account No. 660-7301-005) be authorized to fund the needed additional services. R: I'~ANDFILL:KK ADAMES 7.9 7.10 8.0 allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all t~nished or unt~nished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. Duplicate O.rigi.n. 0!_s. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 DAMES & MOORE 8801 FOLSOM BOULEVARD, SUITE 200 SACRAMENTO, CALIFORNIA 95826 AGREEMENT FOR PROFESSIONAL CONSUl.TING SERVICES PAGE ? OF 14 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CANDACE HORSLEY ACTING CITY MANAGER DAMES & M~~,.,.~__._~ ~v: ~/.~~ ~ /~~ D. ~AWC~ ~s~OR ~~ Date APPROVED AS TO FORM: CITY ATTORNEY, CITY/O~ UKIAH DA~g. Ii~APlJOR,j, ' , ATTACHMENTS B. C. D. Scope-of-Work Work Schedule Schedule of Rates Schedule of Fees for Direct Expenses B:AGREEMENTS DAMES AGREEMENT FOR PROFESSIONAl. CONSUl.TING SERVICES PAGE 8 OF 14 ATTACHMENT "A" SCOPE-OF-WORK BY TASK Review phase to gain full understanding and knowledge of landfill conditions as it pertains to VOC impact to groundwater. AG SIT.E. INSPECTION' Perform site inspection to become familiar with location of landfill facilities including, but not limited to, groundwater monitoring wells, gas monitoring wells, leachate holding ponds and collection main, sedimentation ponds, down drains and benches. Review and inspect with designated Landfill employee location of historical leachate breakouts. n. INTERVIEW LANDFILL EMPLOYEES: Conduct interviews with current and former Landfill employees to learn the trouble areas such as problem ponding areas, possible springs and seeps and other pertinent information. It is suggested that one interview be conducted off-site with all former Landfill employees. Director of Public Works/City Engineer will select employees and will coordinate meeting with consultant. Current Landfill employees are to be interviewed on-site. Co LANDFILL RECORDS: Review Article 5, Detection Monitoring Program, WDR Order No. 94-123, Monitoring and Reporting Program No. 94-123, groundwater well installation and construction reports, Landfill Gas Monitoring Program, Storm Water Prevention Plan, and applicable sections of RDSI and Preliminary Closure and Post- closure Plans to become familiar with the specific geologic, hydrogeologic, geochemical and hydrochemical characteristics of the site, adopted WQPS, detection monitoring program, initial evaluation program and COC's to be monitored. Review current and historical aerial photos and topographic maps, correspondence between Regional Water Quality Control Board and City, EIR prepared by Eric Toll, and other available records as determined necessary by the consultant. NOTE: Copies of the documents will be loaned to the Consultant for review at Consultants place of business. Original reports and documents officially included in the Landfill Record WILL NO_TT be removed from City Hall. Consultant will allow City reasonable time to produce copies of documents requested by Consultant. The cost for performing the work of this Task shall be included in the guaranteed maximum compensation. II. Work Items Related to Evaluation Monitoring Program. A. Complete WQPS for COC's 1. Concentration limit for COD at Well 90-3. The concentration limit for COD constituent at Well No. 90-3 was not AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 9 OF 14 e established at the time Article 5, Detection Monitoring Program, was published in April of 1993 due to insufficient data. Utilizing current and appropriate past data, Consultant shall determine statistically the COD concentration limit for Well No. 90-3 using the tolerance interval method: reference is made to Attachment "E" and Page 2 of Monitoring and Reporting Program No. 94-123 and Appendix D and E of Article 5, Detection Program. Provide time (monitoring event) - Concentration (value) Graphs. Input data into a Microsoft - Excel Software Program (Version 5.0) to produce time - concentration graphs for groundwater monitoring wells, surface water monitoring points, and leachate monitoring data for the indicated monitoring parameters: (a) Quarterly Field Parameters, and Quarterly and Annual Monitoring Parameters as listed in Table II, "Groundwater Monitoring Program" of WDR, Page 6 for the following Groundwater Monitoring Wells: Well No. 87-1 Period: 4 quarters 1989 and 1990, one quarter of 1991 and 1992, and 4 quarters of 1993 and 1994 and 2 quarters of 1995. Well Nos, 90-,1 .thru. 90-8 Period: I quarter of 1990, 4 quarters of 1991, 1992, 1993, and 1994, and 2 quarters of 1995. Well Nos. 92-1 thru 92-3 Period: 4 quarters of 1993 and 1994, and 2 quarters of 1995. W.el! No, 9.2.-4 Period: 4 events in 1993, 4 quarters of 1994, and 2 quarters of 1995. Well No, 94-2- 2 Periods of 1995 Only those VOC's detected in the Wells need to be plotted. Well No, 87-1 - Chloromethane, dechlororodifluoromethane, methylene, chloride. 90-93. Well No. 90-1 - None Well No. 90-2 - None Well No. 90-3 -CIS - 1,2-Dichloropropene Well No. 90-4 - Vinyl chloride, CIS 1,2-Dechloroethane, dichlorodiflu - oromethane Well No, 90-5 - Vinyl chloride, chloroethane, CIS 1,2-Dichloroethylene, benzene. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICE~ PAGE I0 OF 14 We!! No. 90-6- None Well NO, 90-7- None Well N.O, 90-8 - P- & M- xylene, o-xylene, benzene ethylbenzene, toluene. Well NO, 92-1 -Chloroethane, CIS - 1,2-dichloroethylene, 1,1- Dichioroethane vinyl chloride. Well No, 92-2 - None Well No, 92-3 - None Well No, 92-4- Benzene, toluene, acetone. Well No. 94-2- None (b) Quarterly field parameters and quarterly monitoring parameters as listed in Table III, "Surface Water Monitoring Program" of WDR, Page 7 for S-I and S-2 surface water monitoring points between period beginning last quarter of 1988 and ending second quarter of 1995. (c) Monthly field para~neters, semi-annually monitoring parameters and annual constituents of concern as listed in Table I, "Leachate Monitoring Program" of WDR, Page 4 for leachate samples taken from December 1988 to April 1995. (d) Consultant shall provide one (1) hard copy of each time-concentration graph produced and one (l) copy of 3-1/2 working computer disc. These graphs will become a component of the Evaluation Monitoring ~am III. ~estigati0n of.Extracling LTacllate from Landfill Subsequent to the review of the seismic refraction profile (Appendix .I, Volume II, RDSi), grounc~water and gas monitoring well logs, and other pertinent reports and available intbrmation an~d. da. ta and fo. ll.owin, g emplo_yee interviews, Consultant shall propose the number and location o~f bor.!ngs needed.an.d~ ty~p.e of. testing required to investigate the feasibility of leachate extraction from the western half of the landfill. At a minimum, there shall be one (1) boring on the first bench in line with Gas Well N0.4 and Groundwater Monitoring Well No. 90-5. After receiving Consultant s proposal and cost estimate for the bonn, work ~nclud~n, obser Consu~ant's proposal and cos . ' ' ' g ' ' g ' vati( n and testing such, a~s p. um.ping, b. oreh. ole video, etc. (Phase I of this Task), City shall determine a scope-of- wor~k for. bori. ng .and.testing.and City and Consultant shall negotiate Consultants compensation for performing, t.he boring..and, testing work. The work shall include a report of findings and recommendation regarding the feasibility of extracting ieachate from the landfill (Phase II of this _ Task). AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE II OF 14 IV. V. ! maximum compensation with an appropriate monitory deduction which would be made to the maximum compensation should Phase I be deleted prior to executing the professional services Preliminary Engineering for the Reconstruction and Lining of Leachate Holding Ponds and Disposal to Public Sewer System. Consultant shall perform preliminary engineering design for the reconstruction and lining of the leachate holding ponds. Preliminary engineering design shall include capacity analysis based on rainfall, runoff, and tipping area exposed during rain season, layout of reconfigured ponds, details, and cost estimate for budgeting purposes. Preparation of final plans and contract documents are ~ot a part of this Task. Consultant shall also perform a brief feasibility study which shall include a budget cost estimate for the installation of a pump, force main and gravity main to the existing sanitary sewer main in Vichy Springs Road for purposes of leachate disposal to a public sewer. The preferred route for the force main is along the southerly access road to the location of Gas Well No. 4. Behind Gas Well No. 4 the gradient of the Terrain will permit the use of a gravity line to Vichy Springs Road. The gravity line would be installed on an adjacent parcel owned by the City and known as the Gun Club property (AKA Landfill buffer zone). Currently, the City disposes leachate by water truck transfer to sewer manholes located within the easterly City limits. Leachate disposal to Sewer Treatment Plant is permitted under an approved monitoring program (reference is Report prepared by Kennedy/Jenks). The cost for performing the work of this Task shall be included in the guaranteed maximum compensation with an appropriate monitory deduction which would be made to the maximum compensation should the work of this Task be deleted prior to the execution of the professional services contract. Engineering Feasibility Study of VOC Corrective Action Measures. The Consultant shall prepare an engineering feasibility study of corrective action measures or systems that can be taken or incorporated to achieve the removal of VOC contaminates in groundwaters along the northerly toe of the landfill footprint for the purpose of achieving water quality objectives. The study shall be consistent with applicable regulations (Title 23, CCR Chapter 15, Article 5, Section 2550.8, (k)(6); Title 40, CFR, Chapter 1, Subchapter l, Part 258, Section 258.56). At a minimum, the feasibility study should include the following: 1. Corrective action objectives. 2. Applicable site information. 3. Review of regional and local geology and hydrogeology. 4. Summary of groundwater quality and site specific water quality protection standards. 5. Written presentation of corrective action alternatives. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 12 OF 14 . . Evaluation of ~selec.ted alternatives based on performance, reliability, ease of implementation, time required to begin and complete remediation, life cycle costs of alternatives and other evaluation criteria as deemed necessary or recommended by the Consultant. This task will be performed in two phases. After the Consultant has become familiar with site conditions, monitoring data and objectives, consultant shall submit report to City which shall discuss various systems or methods available for VOC remediation that are applicable to the Ukiah Landfill. Approximate life cycle costs shall be provided for each system or method. Consultant shall recommend at least three (3) systems or methods for further detailed study and the reasons behind the recommendation. Consultant shall meet with City for consultation and presentation. City will confirm which systems or methods deserve further detailed study in the second phase. The second phase will consist of more detailed study and presentation as described above and the completion of the Engineering Feasibility Study. Consultant shall provide presentation of completed study to City Council. Methods of confirming or monitoring the corrective action effectiveness (Corrective Action Plan). The cost of performing the work of this Task shall be included in the guaranteed maximum compensation. Ii:AGREEMENT DAMES AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 13 OF 14 ATTACHMENT "B" SCItEDULE FOR COMPLETING WORK PAGE 1 OF 1 II e 3, . 1 Consultant Performs work of Contract (90 days) Draft Study/Report delivered to City City reviews Draft Draft revisions and preparation of Final Report Final Report to City Council for adoption and selection of preferred corrective system Final Report to North Coast R.W.Q.C.B. Sept 15 - Dec 15, 1995 December 15, 1995 Dec 15 - Dee 22, 1995 Jan 2 - Jan 10, 1996 January 17, 1996 January 19, 1996 B:AGREEMENT$ DAMES AGREEMENT FOR PROFESSIONAL CONSttLTING SERVICES PAGE 14 OF 14 CITY OF UKIAH AMENDMENT TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES TERMS OF CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services between the City of Ukiah and Dames and Moore, dated September 1995, shall remain in full force and effect except as modified by this and previous executed Amendments. AUTHORIZATION Upon execution of this Amendment, Consultant shall perform the work described under "Scope- of-Work" of this Amendment, in a timely manner, on a time and expenses basis not to exceed the total amount of compensation indicated for the Scope-of-Work. SCOPE-OF-WORK The Agreement is hereby amended pursuant to the provisions of Paragraph 2.2, "Additional Services", of the Agreement by the addition of the following Scope-of-Work: Consultant shall install a total of three (3) leachate evaluation/extraction wells within the landfill mass and shall perform pumping tests of leachate contained within the confluence zones of the wells. Upon completion of the pump tests, Consultant shall prepare a report which will present the findings and recommendations regarding the feasibility of extracting leachate. The above described work is segregated into the following work tasks: TASK I - Installation/Development of three (3) Leachate Evaluation Wells. TASK II- Pumping Tests TASK III - Report PreparatiOn The work of each task is fully described and detailed in Consultant's Proposal dated October 9, 1995, which is attached hereto and incorporated into this Amendment as Attachment "A". City shall provide those services described in Section 3.0 "Assumptions", of the Proposal. WORK COMPLETION The work of this Amendment shall be completed within eight (8) weeks from the date of the execution of this Amendment. Additional days shall be granted for each inclement weather day ITEM NO. 10a DATE: October 18, 1995 AGENDA SUMMARY REPORT SUBJECT: REVIEW AND AMENDMENTS TO CITY COUNCIL/CITY STAFF COMMITTEE ASSIGNMENTS Staff is bringing this item to the Council's attention at this time in response to a request from Mendocino Council of Governments (MCOG) and Local Agency Formation Commission (LAFCO) to select alternates for those two bodies. Attached for your consideration is the current list of Council Committee Assignments, dated April 19, 1995. Please note that Council should also select an alternate, if so desired, for REMIF. If Council wishes to make other modifications to the Committee assignments at this time those can be discussed as well. RECOMMENDED ACTION: Make Alternate Committee Assignments for LAFCO, MCOG, and REMIF, as well as any other Committee assignment modifications the Council may deem appropriate at this time. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not select alternates LAFCO, MCOG, or REMIF Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: LAFCO/MCOG Prepared by: Karen Yoast, Executive Assistant Coordinated with: Candace Horsley, City Manager Attachments: 1. Council Committee Assignments A PPR O VE D~~ ~,_., C~h~ace Horsley~ City Manager R:4/CM:ASRComm COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Mendocino Council of Governments (MCOG) Mendocino County and Economic Development Finance Comittee MTA Board of Directors Local Agency Formation Commission Ukiah Valley Sanitation District City Selection Committee Mendocino Solid Waste Management Authority (JPA) County Overall Economic Development Northern California Power Association NCPA Redwood Empire Municipal Ins. Fund (REMIF) Alternate Redwood Empire Financing Authority (REFA) Chamber of Commerce Liaison League of California Cities Liaison League of California Cities Housing Subcomittee Sun House Guild Ukiah Players Board Mayor/Managers Committee Valley Wide Task Force Valley Wide Water Task Force Downtown Master Plan Committee Redevelopment Finance Review Committee Main Street Board of Directors North Coast Opportunities Board April 19, 1995 ASSIGNED TO Shoemaker Mastin Mastin Wattenburger (Alternate) Mayor or Vice-Mayor Mayor (Required) Shoemaker City Manager or his/her Committee designee Schneiter City Manager or Electric Utility Director - Alternate City Manager Asst. City Manager City Manager (By Resolution) Malone Malone Shoemaker Malone City Manager Mayor/City Manager Shoemaker/Schneiter City Manager Shoemaker/City Manager or his/her designee Mastin Agency Chairman/ Wattenburger Mastin-Alternate Malone/City Manager Schneiter/City Manager-Alternate