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2006-06-07 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 7, 2006 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Introduction of New Police Department Employees - Officer Quincy Cromer, Officer Noble Waidelich and Officer Fred Keplinger m PETITIONS AND COMMUNICATIONS a. Communication from Susan Sher on sidewalk and pedestrian issues on Ford and Clara (Vice Mayor Baldwin) 5. APPROVAL OF MINUTES a. Regular City Council Meeting of April 5, 2006 1 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. w 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. Rejection of Claim for Damages Received from Michael Roberts and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Notification of the Expenditure in the Amount of $5,659.50 to Air Exchange Inc. for the Extension of the Fire Department's OSHA Required Exhaust Removal System c. Award of Bid for Purchase of a 3/4-Ton, 4x2 Pickup Truck Complete with Utility Service Body for the Water Treatment Plant to Downtown Ford Sales in the Amount of $21,598.85 d. Award of Bid for Purchase of 2000 Gallons of Aluminum Chlorhydroxide, 50% Solution (Liquid Polymer) to Jenchem, Inc. at the Unit Price of $5.364 Per Gallon for an Approximate Total Amount of $10,728.58, Plus Tax e. Award of Bid for Purchase of 60 Dry Tons of 30% Sodium Hydroxide to Pioneer Americas at the Unit Price of $475 Per Dry Ton for an Approximate Total Amount of $28,500, Plus Tax f. Authorization for Sole Source Procurement to Conduct a Healthy Waterways Study to the Aquatic Ecosystems Analysis Laboratory at the Center for Watershed Sciences, University Of California, Davis in the Amount of $35,000 g. Award of Bid for 4500 Ft. of 4/0 AWG AL, 15 KV, EPR Insulated, Single Conductor, Jacketed Concentric Neutral Underground Cable to the Okonite Company in the Amount of 15,680.86 h. Adoption of Ordinance Amending Section 2000 of the Ukiah City Code, Pertaining to Temporary Rules in City Parks, and Adding a New Section 2000.2, Pertaining to Rules for City Sponsored Concerts in the Park i. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency j. Report on Payment to Roberts Mechanical & Electrical, Inc., in the Amount of $17,085.66 for Installation of Electrical and Plumbing Connections for Temporary CNG Fueling Apparatus at the Ukiah Regional Airport am AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 1 PUBLIC HEARINGS (6:15 PM) a. Resolution Adopting Public Works and Engineering Department Fees b. Minor Subdivision Exception 05-49: Gadea; 733 South Oak Street- continued to June 21 10.UNFINISHED BUSINESS a. Introduction of Ordinance Enacting Campaign Finance Reform Act or Receive Status Report on Progress in Developing Ordinance 11. NEW BUSINESS a. Authorize the City Manager to Negotiate and Execute an Access Agreement with Circuit Rider Productions Inc. for Giant Reed Removal and Habitat Restoration on City Property Along the Russian River Watershed 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION a. Government Code 954956.8 Conference with Real Property Negotiator Property: Assessor's Parcel No. 002-381-02 located on Clay Street Negotiator: Candace Horsley, City Manager 14. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 2nd day of June~ 2006. Marie Ulvila, City Clerk AGENDA SUMMARY REPORT ITEM NO. 3a DATE: June 7, 2006 SUBJECT: INTRODUCTION OF NEW POLICE DEPARTMENT EMPLOYEES - OFFICER QUINCY CROMER, OFFICER NOBLE WAIDELICH AND OFFICER FRED KEPLINGER SUMMARY: The Police Department will be introducing new officers, Quincy Cromer, Noble Waidelich and Fred Keplinger who graduated from the Police Academy on 5/26/06 and have started their Field Training Program with the Department. These three officers and their training are being funded through Measure S monies. RECOMMENDED ACTION: Welcome Officers Cromer, Waidelich and Keplinger. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A John Williams, Police Chief Candace Horsley, City Manager N/A Candace ~or:sley, City Manager AGENDA SUMMARY REPORT ITEM NO. 4a DATE' June 7, 2006 SUBJECT: COMMUNICATION FROM SUSAN SHER ON SIDEWALK AND PEDESTRIAN ISSUES ON FORD AND CLARA (VICE-MAYOR BALDWIN) SUMMARY: Vice Mayor Baldwin has requested that Ms. Susan Sher have the opportunity to address the City Council on her concerns regarding sidewalk and pedestrian issues on Ford and Clara. Ms. Sher will be present to comment. RECOMMENDED ACTION: Receive communication. ALTERNATIVE COUNCIL POLICY OPTION' N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Susan Sher and Councilmember Baldwin Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager N/A Candace Horsley, City l~lanager CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 5, 2006 1. ROLL CALL: 4:51:44 PM Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Airport Commissioners Present: Crane, Deerwester, Fowler, Winter, and Chairman Beard. Staff Present: City Manager Horsley, Airport Manager Richey, and City Clerk LJIvila. Presentation from California Department of Forestry and Fire Protection - Ukiah Air Attack Base - City Council Joint Meeting with Airport Commission Mr. William Greenleaf, Project Director of the California Department of General Services (DGS) Real Estate Services, provided an overview of a project proposed by the California Department of Forestry and Fire Protection (CDF), describing the proposed new Air Attack Base and the conclusions of a preliminary Environmental Initial Study. The CDF has determined that an Environmental Impact Report must be prepared for its project and is ready to issue the required Notice of Preparation. Mr. Albert Lau, Associate Civil Engineer with CDF, responded to inquiries concerning access to the project site, potential impacts regarding the initial study, identifying plant species in the wetlands, and possible mitigations. Discussion followed with regard to exposure to noise, aircraft taxiing, and flight patterns. There was also discussion of the proposed project's benefit to the Ukiah community, and the services provided by the City Airport Staff's for the CDF operations. Councilmember Baldwin suggested scheduling another meeting with the Airport Commission for a general discussion of pilot protocol and flight patterns. Joint meeting adjourned: 5:17:21 P~I REGULAR MEETING Reconvened: 6:06 P~Vl 1. ROLL CALL Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: Information Services Supervisor Butler, Public Works Director/City Engineer Eriksen, Risk Manager/Budget Officer Goodrick, Interim Public Utilities Director Grande, City Manager Horsley, Finance Director McCann, City Attorney Rapport, Deputy Public Works Director Seanor, Planning Director Stump, and City Clerk UIvila. 2. PLEDGE OF ALLEGIANCE Councilmember Rodin led the Pledge of Allegiance. URGENCY ITEM 6:06:26 PM Mayor Ashiku stated that there is a need to take immediate action and the need for action came to the attention of the City subsequent to the agenda being posted. The urgency item concerns a request for a letter of support from the City Council/City to include with a grant application for the Ukiah Valley Smart Growth Coalition. The Coalition is seeking funds for ongoing community education efforts. The Coalition has a deadline for submitting a grant application prior to the April 19th meeting. MIS Crane/McCowen to include the urgency item on the agenda under Consent Calendar item "6k"; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 3. PRESENTATION 3a. Presentation by the Mendocino County Air Quality District 6:07:20 PM Mr. Dean Wolback, Air Pollution Control Officer, discussed issues surrounding the use of wood stoves in the City of Ukiah and Mendocino County, and their impact on air quality. He discussed the possibility of banning wood stoves, enforcement and fines, and the need for regulation at the federal and state levels. It was noted that jurisdictions can adopt stricter regulations than the District. It was noted that the District will be making a presentation to the Board of Supervisors in June proposing stricter regulations concerning the use of wood stoves. Other issues discussed included workshops to obtain public input, grant funding, promoting the use of electric cars, the amount of particulate matter generated by wood stoves, and the City of Fort Bragg's inquiry concerning the possibility of City representation on the District Board. District representatives noted that they will report back to the City Council after the matter is heard by the Mendocino County Board of Supervisors. Councilmembers Rodin and McCowen requested further information concerning before discussing a City representative on the District Board. It was suggested that the matter be agendized for a future Council meeting. 4. APPROVAL OF MINUTES 6:28:59 PM 4a. Regular Meetinq of March 15, 2006 Councilmember Rodin noted that she was absent from the March 15, 2006 meeting and the motion at the bottom of page 5 should indicate her absence from the meeting. MIS McCowen/Baldwin approving meeting minutes of March 15, 2006 as presented; carried by a 4-0 vote of the Council, with Councilmember Rodin abstaining. 5. RIGHT TO APPEAL DECISION 6:29:49 PM Mayor Ashiku read the Right to Appeal Decision. 6. CONSENT CALENDAR6:30:14 PM Deputy Public Works Director Seanor briefly clarified items "7f, 7g, and 7h" on the Consent Calendar. M/RC McCowen/Crane approving Consent Calendar Items "a" through "j" as follows: a. Received Notification of the Purchase of Chlorine Products from Pioneer Americas LLC for the Water Treatment Plant; b. Approved Resolution 2006-45 Adopting Principles for Congress and Legislature to Consider in the Development of Telecommunications Reform; Authorize City Manager to Respond to Future Telecom Issues as Needed Consistent With Council Direction; c. Received Report of Disposition of Surplus Materials, Used Equipment and Supplies; d. Authorized City Manager to Execute Professional Services Agreement for Land Surveying Services with SHN Consulting Services for Two Year Contract in Amount Not to Exceed $20,000; e. Received Report of Acquisition of E-Mail Spam Filtering Software from Cloud mark in the Amount of $8,748; f. Awarded Professional Services Agreement to Whitlock & Weinberger Transportation, Inc. in an Amount Not to Exceed $29,500 to Complete an Update of the City's Speed Zone Surveys; g. Received Notification Regarding the Award of Bid for 3000 ft. of 750 MCM Aluminum, 600V, Single Conductor Cable, in the Amount of $6,287.21 to Nehring CIO Stephens, McCarthy & Landcaster; h. Awarded Professional Services Agreement to Margen & Associates in an Amount Not to Exceed $34,780 to Prepare a Comprehensive Americans with Disabilities Act (ADA) Access Plan; i. Received Report of Resolution of the Commission of the Northern California Power Agency (NCPA) Approving Expenditure of Funds to Complete the Geothermal Unit 3 Scheduled Five-Year Overhaul; Authorize City Manager to Pay City's Proportionate Share of Overhaul from NCPA General Operating Reserve in an Amount of $28,158; j. Adopted Resolution 2006-46 Accepting $200,000 in Proposition 40 Funding From Mendocino County First District Supervisor, Jim Wattenburger, for Reconstruction and Restoration of Anton Stadium, City of Ukiah Municipal Pool, Ukiah Skateboard Park and Ukiah Senior Center Recreation Program. k. Approved Request from Anne Oliver of the Smart Growth Coalition for a letter of support from the City Council/City to Include with Grant Applications. Motion carried by the following roll call vote as follows: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:34:57 PM Mr. Mike Peterson inquired as to the disposition of the railroad depot and the Walgreens sites, to which staff explained that the City has received a grant to assist the North Coast Railroad Authority (NCRA) to restore the building at the site. It was noted that Mendocino Transit Authority (MTA) is investigating the site as a possible transit center. Mike McCann, speaking on behalf of the Boys and Girls Club of Ukiah, announced that their annual crab feed will be held April 8th at 5:00 p.m. at St. Mary's Church. Currently, there are nearly 400 children attending the program at the Grace Hudson School. Kevin Jennings, representing the Ukiah Fire Department, provided an update on the Fire Department's community activities and future plans. Suzanne Pletcher discussed her views concerning pocket parks, requested the City Council schedule a meeting to discuss the western hills zoning ordinance, recommended the City research funding mechanisms to protect the western hills, and also suggested that the City recommend the Local Agency Formation Commission (LAFCO) form a special district that would set aside lands for public use. 8. PUBLIC HEARING (6:15 P.M.) None. 9. UNFINISHED BUSINESS 9a. Continued Discussion and Consideration of an Ordinance Regarding Campaign Reform - Baldwin, Rodin 6:46:57 PM Councilmember Baldwin requested the matter be continued to the April 19, 2006 meeting. Councilmember McCowen requested additional information such as examples of ordinances adopted by other cities and a summary or discussion of case law pertaining to this issue that has been prepared by cities or advocacy groups. 9. UNFINISHED BUSINESS 9b. Consider Adoption of Resolution Supporting a Grant Application to Mendocino County (Tobacco Settlement Funds) to Design and Construct a Hiking Trail on City Property in the West Hills Area6:49:55 PM Planning Director Stump advised that the Paths, Open Space, and Creeks Commission (POSCC) have been working on planning and designing a hiking trail on City-owned property in the west hills area, and asking for City support of a grant application. While important issues such as trail maintenance, liability, and fire protection are still unresolved, the POSCC is requesting support in anticipation that these items can be resolved. Public Comment Opened: 6:53:31 PM Howie Hawkes, chairman of POSCC, discussed the amended route for the west hills trail and noted that he has obtained interest from the California Conservation Corp (CCC) to build the trail. If grant funds are secured, there will be funds available for signage to reduce the City's liability as well as funds for future maintenance of the trail. The CCC is very interested in participating in this project and may be available for volunteer maintenance in the future. Steve Scalamini inquired as to the route of the proposed trail. Public Comment Closed: 6:58:06 PM MIS McCowen/Crane adopting Resolution 2006-47 supporting the submittal of the grant application to Mendocino County (Tobacco Settlement Funds) to design and construct a 'hiking trail on City-owned property in the west hills area; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9c. Discussion and Schedulinq of Second Joint Meeting with Planning Commission to Discuss Draft Revised Hillside Development 7:00:00 PM Planning Director Stump advised that at the conclusion of the March 29, 2006 joint City Council and Planning Commission hillside development regulation meeting, it was suggested that a second joint meeting may be useful. Mayor Ashiku advised that he requested a ruling by the Fair Political Practices Commission (FPPC) because he thinks he may have a possible conflict of interest concerning this matter. The FPPC may have a written conclusion within two weeks. Discussion followed with regard to Mayor Ashiku's requested ruling from the FPPC related to development in the western hills of Ukiah, and setting standards. Councilmember McCowen requested that Staff bring forward issues previously identified at meetings of the Planning Commission and City Council. With the exception of Councilmember Baldwin, there was a concurrence by Council to move forward with a joint meeting with the Planning Commission as soon as possible. 9. UNFINISHED BUSINESS 9d. Report on Restoration Efforts and Impacts Resultinq from the 2005~2006 Winter Storms 7:17:23 PM Risk Manager/Budget Officer Goodrick reviewed her Staff Report with the City Council concerning restoration efforts and impacts resulting from severe winter storms. As a result of the federal and state emergency declarations, the Federal Emergency Management Agency (FEMA) will fund 75% of eligible emergency work, debris removal and the permanent repair or replacement of disaster damaged facilities. The State's share of the cost for federally declared disasters is 18.75% and the remaining 6.25% of costs is the local entities' responsibility. She went on to discuss the spreadsheets included in the Staff Report that identified both the expenses incurred to date and anticipated future expenses related to the winter storms of 2005-2006. Additionally, staff has identified hazard mitigation measures to identify post- disaster planning efforts to reduce future damages and/or loss of life. It was the consensus of the City Council to receive the report on New Year's flood damage restoration efforts and most recent costs estimates related to the storms and to receive additional reports when substantial information is available. 10. NEW BUSINESS 10a. Annual Review of the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees 7:36;:38 PM Deputy Public Works Director Seanor advised that in accordance with Government Code Section 66006, an annual report for funds collected and interest earned during fiscal year 2004/2005 for the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees is being provided to the Council. He explained that capital improvement fees are imposed on development within the Redwood Business Park for the purposes of financing the design and construction of improvements needed to mitigate traffic impacts to three off-site intersections resulting from increased traffic generated by new development within the Business Park. He explained the reimbursement to this fund as development occurs in the Business Park. Discussion continued with regard to various aspects of the Redwood Business Park Capital Improvement Fees report submitted by Staff. Other matters discussed included mitigations mandated by the City and adjustment to the fees for undeveloped parcels. It was noted by City Attorney Rapport that the mitigations for the Business Park were based on the EIR for that project. It was the consensus of the Council to accept the annual review of the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees. 10. NEW BUSINESS 10b. Authorize City Manaqer to Neqotiate and Siqn Contract for Five-Year Master Microsoft Server and PC Software License and Complete Purchase of New E-Mail System 7:54:34 PM Finance Director McCann explained that Staff Report contains a comprehensive report concerning the City's current software and problems associated with upgrading the current system. He noted that beyond direct financial savings, the avoidance of loss through accidental means or malicious loss from having a non-securable infrastructure protect the City from business disruption and potential liability risk exposures such as exposure of private citizen information and loss of irreplaceable data. M/RC Rodin/Baldwin authorizing the City Manager to negotiate and sign a contract for a five-year master software license and complete purchase of new exchange e-mail system; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7:56:17 PM Councilmember Crane left meeting. 10. NEW BUSINESS 10c. Adoption of Resolution Approvinq Dissolution of the Mendocino Emergency Service~ Authority 7:56:43 PM City Manager Horsley provided a brief overview concerning the City of Ukiah's involvement with the Mendocino Emergency Services Authority (MESA) and its components. M/RC McCowen/Rodin adopting Resolution 2006-48 approving the dissolution of the Mendocino Emergency Services Authority, carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Crane. ABSTAIN: None. 10. NEW BUSINESS 10d. Discussion of Various Water Issues Including Trout Unlimited Petition Meetings and the Mendocino County Water Aqency Proposed Groundwater Study 7:57:46 PM City Manager Horsley discussed her Staff Report with the City Council concerning various water issues that pertain to the Mendocino County and Ukiah Valley area that Staff believes are important topics for the City Council to be informed on and to discuss. The items included Trout Unlimited Petition - Assembly Bill 2121 (AB 2121) which requires that before January 1, 2007, the state Regional Water Quality Control Board would adopt principles and guidelines for processing applications for water permits. At the March Mendocino County Water Agency (MCWA) meeting, Mr. Roland Sanford submitted a draft proposal for funding of a County groundwater study. Mr. Sanford's proposal suggests that the 1986 USGS investigation study of Ukiah Valley groundwater resources be updated to provide a current assessment of these resources. 7:58:35 PM Councilmember Crane returned to meeting. 8:02:48 PM Mr. Roger Foote, representing the Peregrine Chapter of the Audubon Society, responded to questioning concerning the matter. He stated that collaborative process currently exists and is optimistic because of the progress made by both the steering committee and subcommittee. 8:07:34 PM City Manager Horsley drew attention to Mr. Sanford's draft proposal for a groundwater study and noted that she and Councilmember McCowen attended a meeting of the Russian River Public Water Agencies where Mr. Sanford presented his draft proposal for a groundwater study. Further discussion on the matter included whether the City could share its well siting information with Mr. Stanford for his study. Other topics discussed included "urban growth pressure", the common interests of all water purveyors, smart growth, cooperative efforts with other water agencies, devising ways of protecting the City's current population based water needs, environmental effects on the aquifer and protecting the City's current water users. 8:23:20 PM Richard Shoemaker advised that he sits on the Russian River Flood Control Board, and voiced his support of a groundwater study. $:26:48 PM City Manager Horsley discussed the Urban Water Plan versus the State Water Board's requirement with regard to the City's peak demand and will prepare a comparison chart for Council's review. Mayor Ashiku polled the Council concerning Staff's recommendation that Mr. Stanford attend the meetings concerning the Trout Unlimited Petition on the City's behalf and the Council unanimously concluded that it would benefit the City and requested that Mr. Sanford keep the City informed of issues. 11. COUNCIL REPORTSS:30:04 PM Councilmember Rodin reported that the Economic Development Financing Corporation (EDFC) meeting was cancelled today. She explained that she attended meetings sponsored by the state with regard to the budget process. She reported that she submitted an application to the League's Leadership Institute and was accepted to attend their two sessions this summer. The Institute sessions will focus on housing and infrastructure issues. Councilmember Baldwin reported that he attended a special meeting of the inland Water and Power Commission (IWPC) and recommended that the City Council review the draft agreement that City Attorney Rapport developed. He requested the draft agreement and cost sharing benefits of a project be agendized for Council's next meeting. He noted that federal funds need to be spent by October 2006. Councilmember McCowen noted that a number of concerns were raised by Lee Howard which are being investigated by the City. He recommended that the City's responses to Mr. Howard's concerns be made available to the City Council. 12. CITY MANAGER/CITY CLERK REPORTS City Clerk Ulvila advised that a Press Release was distributed to the media announcing a vacancy on the Traffic Engineering Committee. The deadline for submitting an application is April 12th at noon. City Attorney Rapport advised that the City Attorneys conference by the League will take place on May 4th and he will lead discussion concerning the conflict of interest issue previously discussed by the City Council. His group will provide proposed regulations and descriptions concerning how the current regulations have impacted small cities. Adjourned to Closed Session: 8:4! :49 P~[ 13. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation, Cal. Government Code §54956.9(c) (2 cases) b. Employee Negotiations: Fire and Electric Units Negotiator: Candace Horsley Reconvened: 10:35 PM No action taken. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 10:35 PM. Marie Ulvila, CMC City Clerk ITEM NO. 7a MEETING DATE: June 7, 2006 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM MICHAEL ROBERTS AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Michael Roberts was received by the City of Ukiah on May 3, 2006 alleging injury from a feral cat while transporting the animal to the County Animal Control free spay clinic. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject claim for damages received from Michael Roberts and refer claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Michael Roberts, pages 1-4. Candace Horsley, City r~anager PA:WPD,ASR Remif Claim Rejections/file name ~ ~i7~7 ~ Clerk's Office . _ 3~{:}lSeminary Ave ,.,422.. .... EXHIBIT A r~ESERVE FOR FILIN~ ,STAMP ,THE CITY OF UKIAH . I~ ' ' cITY OFUKIAH - J ~ CITY CLFRK'S DEPARTMENT A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach 'sheets, identifying the paragraph(s) being answered. . Name and address of the Claimant: Name of Claimant: Address: Add~ess to which the person presenting the claim desires notices to be sent: . Name of Addressee: ~/~"~'~ /~:~//~~T~ Telephone:. ~..'~o :~ ~'~ g7 Address: .~0~ ~~-~T ~~: . . The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted, Date of'Occurrence: ~' ~o'* ~' Time of Occurrence: 7' ~ 0 Location: ~"(:~::)~, ~.l~:~g...~(.~4;~'" ~~.. ~(~4~ Circumstances giving rise to this claim: ~~ ~ General description of the indebtedness, obligation, injury, damage or loss incurred so far as-it may be known at the time of the presentation of the claim. The name or names of the public employee or employees causing the injury, damage, or loss, if known. Page I of 3 o If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars* ($10,000) as of the. date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as'it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. . _Amount Claimed an.~d basi..__~s fo__~r computation: If amount claimed exceeds $10,000: If the'amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim .would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) ~Limited Civil Case E~ Unlimited Civil Case equired to provide the information requested above in order to comply with Government Cod Claimant(s) Social Security Number(s): (optional) . Claimant(s) Date(s) of Birth: Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 10. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident-: Claimant(s) Auto Ins. Co.: Address: Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Claimant's Veh. Lic. No.- Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 READ CAREFULLY FOr all accident claims, place on the following diagram the name City of Ukiah vehicle; location of City of Ukiah vehicle at time of of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to '.reet corners. If City of Ukiah vehicle was involved, designate oy letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw accident by "A-I" and location of yourself or your vehicle at the time of the accident by "B-I" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB SIDEWALK '/ PARKWAY SIDEWALK CURB Warning: Presentation of a falSe claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature' %~L CARE & CONTROL DEFART1VIENT -~.~R'O,~ ' " ~:'J-i, CALIFORNIA 95482 (707) 463-4427 (70T) 468-3338 Receipt Number: R06-002855 Person Information:MICH^EL ROBERTS 5O4 WALNUT AV UKIAH, CA 95482 ~d From/Approval No: MICHAEL ROBERTS Animal ID: Receipt Date: Wednesday, March 22, 2006 P095809 Check/Credit Card No: Reference No: 1147 Phone: (707) 621-4231 Price: Each: Amount: ~BIES VAC A089197 POUND 1 A089197 )ARD A089197 AC003593 $8.00 1 .00 1 8.00 8 Total Fees Due: Payments: Cash: Check: Credit Card: Total Payments Received: Thank You! .......... Change: Balance Due: ~imal Information: 89197'TOUGHIE -6 MONTHS OF AGE, SPAYED, DOMESTIC SH/MIX, BLACK CAT .$8.00 .00 64.00 $72.00 $0.00 $72.00 $0.00 $72.00 $0.0o $o.00 :ense Information: g Number: Expires: Animal# Vacc Date: Expires: Type: Amount: 003593 03/22/07 A089197 03/22/06 03/22/07 RABIES VAC TOTAL LICENSE FEES: $8.00 $8.00 238-A HospitaiDr. MYERS 707-468-8991 Uidah, CA g5482 Shop FAX 707-468-527? THIS IS YOUR RECEIPT. PLEASE RETAIN FOR YOUR TAX OR INSURANCE. ~ # 6886435 ROBEMI DR. FAUSONE, G 03 / 09 / 06 ROBERTS, MICHAEL 463-6687 504 WAIAIUT AVE TOTAL 68 . 95 t/K/AH, CA 95482 AMOX/CLAV 500-125 TABLET 30 TAB 00093 -2274-34 : - Ukiah Shelter H°urs . · MTThFIO:iX)AM -~I.'I])PM' WIO:OOAM -'/':OOPM' SATIO:0QAM-2.-~ · CLOSED Sundays and Holidays kinga UKIAH Transaction Date: 03/22/06 JlltillJllll lii l · Fort Bragg Shelter Hours M- F 9:00AM - 12:00PM' CLOSED Saturday. Sundays and Holidays Print Date: 03/22/06 n Software\Chameleon\Crysta~eceipLrpt AGENDA SUMMARY REPORT ITEM NO. 7b DATE: June 7, 2006 SUBJECT: NOTIFICATION OF THE EXPENDITURE IN THE AMOUNT OF $5,659.50 TO AIR EXCHANGE INC. FOR THE EXTENSION OF THE FIRE DEPARTMENT'S OSHA REQUIRED EXHAUST REMOVAL SYSTEM. SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section, this report is submitted to the City Council regarding the acquisition of equipment. During the FY 05/06 budget approval process, Council approved funds necessary to complete an extension of the Fire Department's exhaust removal system. This system is required by OSHA in order to keep exhaust levels in the apparatus bay at legally acceptable levels. The result of this extension is that each of the apparatus within our apparatus bay is now able to connect to the exhaust system in a safe and efficient manner. RECOMMENDED ACTION: Receive notification of expenditures in the amount of $5,659.50 from account # 100.2101.800.032. ALTERNATIVE COUNCIL POLICY OPTION: NA Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Kurt Latipow Fire Chief Candace Horsley, City Manager None Candace Horsley, City ger AGENDA SUMMARY REPORT ITEM NO. 7c DATE: June 7, 2006 SUBJECT: AWARD OF BID FOR PURCHASE OF A %-TON, 4X2 PICKUP TRUCK COMPLETE WITH UTILITY SERVICE BODY FOR THE WATER TREATMENT PLANT TO DOWNTOWN FORD SALES IN THE AMOUNT OF $21,598.85 Staff is requesting authorization to purchase a %-ton, 4x2 pickup truck for the Water Treatment Plant. The Water Utilities staff is responsible for maintaining and monitoring 8 reservoirs, 5 wells, 3 pump stations and the Water Treatment Plant (WTP) located throughout the City of Ukiah. To accomplish this, two work crews are needed with a truck for each crew. The newly purchased valve exercising equipment was mounted on a 1995 Ford F250 %-ton pickup truck from the WTP. Since the valve exercising truck will be driven on a limited basis within the City limits, an older truck with high mileage was considered the best choice. The WTP truck selected was the oldest truck in the Water and Sewer Divisions with over 130,000 miles. A new pickup truck is needed for the WTP work crews to replace the Ford F250 truck used for the valve exercising equipment. There are no other %-ton, 4x2 pickup trucks suitable for Water Utilities maintenance activities and continuous use available in the Public Utilities Department. (Continued on page 2) RECOMMENDED ACTION: Approve award of bid to Downtown Ford Sales for the purchase of a 3/4 -ton, 4x2 pickup truck complete with utility service body in the amount of $21,598.85. ALTERNATIVE COUNCIL POLICY OPTION: Do not authorize the award and provide direction to Staff for alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ann Burck, Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager N/A APPROVED: Candace Horsley, Cit:C~Manager Requests for bids were sent out to all qualified vendors on file. Bids were returned by six vendors. Downtown Ford Sales was the overall Iow bidder at $21,598.85. Refer to the bid summary table below for a complete listing of bid amounts. Bid Summary Table Downtown Ford Sales $21,598.85 Northlake Ford-Mercury Harper Ford Holblit Motors Maita Chevrolet Coalinga Motors $23,165.34 $23,377.57 $24,241.73 $24,907.85 $25,443.54 Funds for a %-ton, 4x2 pickup truck have been budgeted in the Water Enterprise Fund under account number 820.3908.800.000 and adequate funds are available for the requested purchase. AGENDA SUMMARY REPORT ITEM NO. 7d DATE: June 7, 2006 SUBJECT: AWARD OF BID FOR PURCHASE OF 2000 GALLONS OF ALUMINUM CHLORHYDROXlDE, 50% SOLUTION (LIQUID POLYMER) TO JENCHEM, INC. AT THE UNIT PRICE OF $5.364 PER GALLON FOR AN APPROXIMATE TOTAL AMOUNT OF $10,728.58, PLUS TAX Submitted for the City Council's consideration and action is staff's recommendation that the purchase of approximately 2,000 gallons of aluminum chlorhydroxide (liquid polymer) be awarded to Jenchem, Inc. at the unit price of $5.364 per gallon for an approximate total amount of $10,728.58. Aluminum chlorhydroxide is used at the Water Treatment Plant in the filtration units as a coagulant to facilitate the removal of particulates from raw water. In response to the City's Request for Bids, two responsive bids were received. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Jenchem, Inc. with a unit price of $5.364 per gallon of aluminum chlorhydroxide for an approximate total amount of $10,728.58, plus tax. (Continued on page 2) RECOMMENDED ACTION: Award bid to Jenchem, Inc. for purchase of 2,000 gallons of aluminum chlorhydroxide at $5.364 per gallon for an approximate total value of $10,728.58, plus tax. ALTERNATIVE COUNCIL POLICY OPTION: Do not authorize award and provide direction to Staff for alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ann Burck, Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager N/A Candace Horsley, City !anager Refer to the bid summary table below for a complete listing of bid amounts. Bid Summary Table $10,728.58 $10,946.00 IJenchem, Inc. Polydyne, Inc. Funds for water treatment chemicals have been budgeted in the Water Enterprise Fund under account number 820.3908.520.000 and adequate funds are available for the requested purchase. ITEM NO. 7e DATE: June 7, 2006 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF 60 DRY TONS OF 30% SODIUM HYDROXIDE TO PIONEER AMERICAS AT THE UNIT PRICE OF $475 PER DRY TON FOR AN APPROXIMATE TOTAL AMOUNT OF $28,500, PLUS TAX Submitted for the City Council's consideration and action is staff's recommendation that the purchase of approximately 60 dry tons of sodium hydroxide be awarded to Pioneer Americas at the unit price of $475 per dry ton for an approximate total amount of $28,500. Sodium hydroxide is used at the Water Treatment Plant for pH adjustment and corrosion control in the City's water distribution system. In response to the City's Request for Bids, two responsive bids were received. Noticing to bidders was in accordance with the City's informal bid process. The lowest responsible bidder was Pioneer Americas with a base bid of $475 per dry ton of sodium hydroxide plus tax. (Continued on page 2) RECOMMENDED ACTION: Award bid for purchase of 60 dry tons of 30% sodium hydroxide to Pioneer Americas at $475 per dry ton for an approximate total value of $28,500, plus tax. ALTERNATIVE COUNCIL POLICY OPTION: Do not authorize award and provide direction to Staff for alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ann Burck, Project Engineer Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager N/A APPROVED.~ Candace Horsley, City ~3~nager Refer to the bid summary table below for a complete listing of bid amounts. Pioneer Americas Univar USA Bid Summary Table 528,500.00 $30,168.00 Funds for Water treatment chemicals have been budgeted in the Water Enterprise Fund under account number 820.3908.520.000 and adequate funds are available for the requested purchase. AGENDA SUMMARY REPORT ITEM NO. 7f DATE: June 7, 2006 SUBJECT: AUTHORIZATION FOR SOLE SOURCE PROCUREMENT TO CONDUCT A HEALTHY WATERWAYS STUDY TO THE AQUATIC ECOSYSTEMS ANALYSIS LABORATORY AT THE CENTER FOR WATERSHED SCIENCES, UNIVERSITY OF CALIFORNIA, DAVIS IN THE AMOUNT OF $35,000 In accordance with the Settlement Agreement between the City of Ukiah (City) and River Watch dated January 13, 2006, the City shall undertake a healthy waterways study to determine whether sewage pollution exists in the Russian River and selected feeder creek(s) within the City. The City is required to develop the protocol for the study by July 13, 2006 and undertake the study by January 13, 2007. According to the Settlement Agreement, the cost of the study shall not exceed $35,000. The Aquatic Ecosystems Analysis Laboratory (AEAL) at the Center for Watershed Sciences, University of California at Davis is uniquely qualified to perform the analysis because they 1) possess the equipment necessary to perform the analyses, 2) have significant experience performing studies of bacterial source identification and will be performing similar studies across the Central Valley of California during the months of July and August 2006, 3) are performing an identical study for Lake County and 4) are the only agency to have developed protocols of this kind that have been acceptable to River Watch. (Continued on page 2) RECOMMENDED ACTION: Authorize award of sole source contract to the Aquatic Ecosystems Analysis Laboratory at the Center for Watershed Sciences, University of California at Davis in the amount of $35,000. Funds to conduct this study have been requested for FY 2006 - 2007 under account # 612.3505.250.000. ALTERNATIVE COUNCIL POLICY OPTION: Do not authorize award and provide direction to Staff for alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Required by Consent Decree Ann .Burck, Project Engineer David Rapport, City Attorney and Candace Horsley, City Manager N/A Candace Horsley, City M~ager Bacterial source identification studies can be performed using a variety of techniques but the methodology currently considered to be the most accurate is Real Time - Polymerase Chain Reaction (RT-PCR). This is a molecular analysis that requires a significant amount of specialized equipment and highly trained personnel. The AEAL possesses both the equipment and the personnel to perform the analyses. The AEAL has been developing their capabilities for bacterial source identification. Recently, the Project Scientist who will be responsible for the City of Ukiah bacterial source identification study completed another study identifying the geographic origin of a bacterial infection in marine mammals. In addition, during the summer of 2006, the AEAL will initiate at least four studies in the Central Valley to identify the source of coliform bacteria in agricultural drainages. A similar Settlement Agreement between the Lake County Sanitation District (LACOSAN) and River Watch dated February 7, 2005 also required a healthy waterways study to be conducted. LACOSAN contracted with the AEAL for $35,000 to develop the protocol and is currently conducting the study. The AEAL designed the study plan and produced the Quality Assurance Project Plan (QAPP) prior to initiating the study. Both the study plan and QAPP were accepted by River Watch. Since the study protocol developed by the AEAL has already been approved by River Watch and AEAL possesses the expertise and necessary laboratory facilities to conduct such a study, Staff is recommending the City Council authorize award of a sole source contract to AEAL to conduct a healthy waterways study as specified in the Settlement Agreement with River Watch. Funds to conduct this study have been requested for FY 2006 - 2007 under account # 612.3505.250.000. AGENDA SUMMARY REPORT Item No 7q Date: June 7, 2006 SUBJECT: AWARD OF BID FOR 4500 FT. OF 4/0 AWG AL, 15 KV, EPR INSULATED, SINGLE CONDUCTOR, JACKETED CONCENTRIC NEUTRAL UNDERGROUND CABLE TO THE OKONITE COMPANY IN THE AMOUNT OF 15,680.86 A Request for Quotation (R.F.Q.) was sent to seven suppliers for 4500 ft. of 4/0 Al, 15 KV, EPR insulated single conductor, jacketed concentric neutral single underground cable. Three bids were received by the Electric Department on May 19, 2006. Staff evaluated the bids; the lowest bidder was The Okonite Company with a total bid of $15,680.86 including tax and freight. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2005/2006 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Award bid for the purchase of 4500 ft. of 4/0 AWG Al, 15 KV, EPR insulated, single conductor, jacketed concentric neutral underground cable to The Okonite Company in the amount of $15,680.86. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen Advised: N/A Requested by: Elizabeth Kirkley, Electrical Distribution Engineer Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: 1. Bid results Candace Horsley, City rvl~nager Attachment 1 BID RESULTS 4500' 4/0 AWG AL, 15KV EPR, JACKETTED CONCENTRIC NEUTRAL UNDERGROUND CABLE The Okonite Company Champion Wire & Cable Pirelli Cable Corporation* $15,680.86 $27,928.8O $54,803.81 *Quoting 10,500' (10,000' minimum order quantity) AGENDA SUMMARY ITEM NO. 7h DATE: June 7, 2006 REPORT SUBJECT: ADOPTION OF THE ORDINANCE AMENDING SECTION 2000 OF THE UKIAH CITY CODE, PERTAINING TO TEMPORARY RULES IN CITY PARKS, AND ADDING A NEW SECTION 2000.2, PERTAINING TO RULES FOR CITY SPONSORED CONCERTS IN THE PARK On May 17th, the City Council unanimously approved the introduction of an Ordinance amending section 2000 of the Ukiah City Code, pertaining to temporary rules in City Parks, and adding a new section 2000.2, pertaining to rules for City sponsored Concerts in the Park. Council agreed with staff's assessment that both dogs and barbeques present a serious safety issue for the public during the concerts. If adopted, the Ordinance would ban dogs from Todd Grove Park during Sundays in the Park events and restrict barbeques to designed picnic areas. In addition, the revised language related to temporary rules for City Parks allows the Director of Community Services with the approval of the City Manager to implement temporary rules when necessary for the proper administration of and the regulation of conduct in City parks. These rules would have to be posted and could not remain in force for a period of more than 180 days within a single calendar year without approval from the City Council. Long term policy regulating use and conduct in City Parks would still require Council's approval. The Ordinance is included as Attachment #1 and has been prepared in final form and is ready for adoption. RECOMMENDED ACTION: 1. Adopt the Ordinance amending Section 2000 of the Ukiah City Code, pertaining to temporary rules in City Parks, and adding a new section 2000.2, pertaining to rules for City sponsored concerts in the park. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt the ordinance and provide direction to staff. Citizen Advised: N/A Requested by: Ukiah City Council Prepared by: Sage Sangiacomo, Community/General Services Director Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1. Ordinance for Adoption Ap p ROVE D :,,,. ~~r~'~' ~-~ Can"W~ce Horsley, City ~anager Attachment #1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 2000 OF THE UKIAH CITY CODE, PERTAINING TO TEMPORARY RULES IN CITY PARKS, AND ADDING A NEW SECTION 2000.2, PERTAINING TO RULES FOR CITY SPONSORED CONCERTS IN THE PARK. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Section 2000 of the Ukiah City Code is hereby amended and Section 2000.2 is hereby added to the Ukiah City Code to read as follows. §2000: TEMPORARY RULES AND REGULATIONS: The Director of Community Services, with the approval of the City Manager, may establish temporary rules and regulations as may from time to time be necessary for the proper administration of and the regulation of conduct in City parks. Such rules shall be contained in a document, subject to public inspection, which shall include the date of adoption, the signatures of the Director of Community Services and the City Manager, a preciSe description of the park or area where they apply, the time period during which they are effective and the content of the rules. Such rules may not remain in force for a period of more than 180 days in any one calendar year, unless, within that time, they are approved by resolution of the City Council. Any such temporary rules or regulations shall become effective, when notice of the rule or rules are posted at or near the main entrance way or ways to the park or area where they apply. Once posted, any person violating the rule shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100) for a first violation of the rule, two hundred dollars ($200) for a second violation or five hundred dollars ($500) for each additional violation. §2000.2: RULES AND REGULATIONS FOR SUNDAYS IN THE PARK FREE CONCERT SERIES: Notwithstanding any other provisions of this Code to the contrary, all persons or organizations attending the Sundays in the Park Free Concert Series at Todd Grove Park shall comply with the following: A. No person shall permit a dog or other animal under his or her ownership or control to enter upon or remain in Todd Grove Park during a Sundays in the Park concert event. B. No person shall use any type of barbeque or cooking device during a Sundays in the Park concert event other than at picnic table areas designated for such use by the City Manager. Any person violating this Section shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation or five hundred dollars ($500) for each additional violation. SECTION TWO EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on May 17, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None Adopted on June 7, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mark Ashiku, Mayor Marie Ulvila, CMC City Clerk AGENDA SUMMARY REPORT ITEM NO. 7i DATE: June 7, 2006 SUBJECT: STATUS OF THE LAKE MENDOCINO HYDROELECTRIC POWER PLANT EQUIPMENT REFURBISHMENT EMERGENCY At its May 17th, 2006 meeting, Council voted unanimously to declare the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project an emergency and authorized the City Manager to take action to resolve the emergency until such time that the emergency no longer exists. To that end, the City Manager has contracted with Source California Energy Services, Inc. to perform the work necessary to refurbish the power plant equipment that was damaged and contaminated as a result of flooding that occurred earlier this year. Source California was selected for this project based on their level of expertise as demonstrated by their previous work experience in refurbishing "mothballed" power plants. They maintain a staff of engineers and journeyman necessary to perform the work and they possess the required General Engineering Contractor A License. While this contract is a time and materials contract, it is believed that based on Source California's expertise and preliminary estimate, costs will be controlled to the greatest extent possible. In addition, Council previously approved the power plant engineering contract award to Source California based on competitive bids. A layer of efficiency has been added to the overall power plant restart project by having the same contractor involved in both the engineering design upgrades and the equipment refurbishment. Source California began to mobilize for the refurbishment contract on Monday, June 5th. A progress report on the refurbishment contract will be made at every City Council meeting until such time that the contract is complete and the emergency no longer exists. RECOMMENDED ACTION: Staff recommends that the Council continue to declare by a 4/5 vote that the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project is a continuing emergency and to support the refurbishment contract as performed by Source California Energy Services, Inc. until such time that the contract is complete and an emergency no longer exists. ALTERNATIVE COUNCIL POLICY OPTION: Given that Council declared the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project an emergency at its May 17th Council meeting, and based on that action, the City entered into contract to resolve the emergency, there is no alternative policy option. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Murray Grande, Interim Public Utility Director; Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager; David Rapport, City Attorney None Candace Horsley, City i~nager ITEM NO. 7j DATE: June 7, 2006 AGENDA SUMMARY REPORT SUBJECT: REPORT ON PAYMENT TO ROBERTS MECHANICAL & ELECTRICAL, INC., IN THE AMOUNT OF $17,085.66 FOR INSTALLATION OF ELECTRICAL AND PLUMBING CONNECTIONS FOR TEMPORARY CNG FUELING APPARATUS AT THE UKIAH REGIONAL AIRPORT. SUMMARY: This report is being submitted to notify the City Council of payment made to Robert Mechanical & Electrical, Inc. in the amount of $17,085.66. BACKGROUND: On December 1, 2004, the City Council Authorize the City Manager to execute a contract for the purchase of a CNG-fueled street sweeper. It was reported to council at that time that facilities would need to be installed in order for this equipment to operate. Robert Mechanical & Electrical, Inc., has completed the design, installation of plumbing and electrical connection, and all related work necessary to deliver power and compressed natural gas to the temporary CNG Fuelmaker fueling apparatus located at the Ukiah Regional Airport. RECOMMENDED ACTION: Receive and file report regarding the payment of these services at an amount of $17,085.66 expended from account 806.3765.800.001. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Tim Eriksen, Director of Public Works / City Engineer Tim Eriksen, Director of Public Works / City Engineer Candace Horsley, City Manager - Candace Horsley~'~ft~ Manager AGENDA SUMMARY REPORT ITEM NO. 9a DATE: June, 7 2006 SUBJECT: RESOLUTION ADOPTING PUBLIC WORKS AND ENGINEERING DEPARTMENT FEES SUMMARY: On May 17, 2005, the City Council reviewed and discussed the City of Ukiah Public Works & Engineering Fee Schedule 2006 prepared by Staff, and directed Staff to prepare a draft Resolution for amending the Public Works and Engineering fee schedule. This task has been completed and the Resolution is included with this Agenda Summary Report. Staff recommends that the Council consider adopting the Resolution amending the fees for the Public Works and Engineering Departments. BACKGROUND: The last revision of the City of Ukiah Public Works & Engineering Fee Schedule occurred in January 1989. Many of these existing fees are a flat dollar amount. Many jurisdictions in California have adopted a cost recovery fee schedule for processing permits and providing other engineering services. The justification for a cost recovery program is the service is being provided to a private party rather than benefiting the community as a whole. For example, currently the City of Ukiah collects $320 for a Minor Subdivision map check. A sampling of other local agencies fees including the County of Mendocino, City of Windsor, City of Cloverdale, City of Petaluma and City of Willits average $1,150 for the same service. Consequently, the Department is currently subsidizing nearly 75% of the development plan review and inspection costs. Some of these subsidized costs are not only supported financially by staff time but in the case of subdivisions, easements, and other land division permits this subsidy is an actual direct expense to the City. For example staff estimates that the "average" Minor Subdivision map check cost the City approximately $800 to $1,000 (this is based on the Minor Subdivisions that were processed during 2004 and 2005). As compared to the $320 that was collected. This is a direct expense of nearly $500 to $700. Staff has sent the proposed fees to the Mendocino County Employer's Council and the North Coast Builders Exchange. Staff met with the Employer's Council to discuss and answer specific questions regarding the proposed fee changes. RECOMMENDED ACTION: Adopt a Resolution establishing the City of Ukiah Public Works & Engineering Fee Schedule 2006. ALTERNATIVE COUNCIL POLICY OPTION: Retain the 1989 Fee Schedule Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Mendocino County Employer's Council, North Coast Builders Exchange Tim Eriksen, Director of Public Works / City Engineer Tim Eriksen, Director of Public Works / City Engineer Candace Horsley, City Manager 1 - Resolution establishing updated Public Works and Engineering Department Fees 2 - 2006 Draft Fee Schedule Candace Horsley, City M~nager ATTACHMENT._ / .... RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING UPDATED PUBLIC WORKS AND ENGINEERING DEPARTMENT FEES WHEREAS, the Public Works and Engineering Department fees in the City of Ukiah have not been updated since January 1989; and WHEREAS, in 1989, when the City last updated its Public Works and Engineering Department fees, it was understood that even with the increase, the fees would not cover the full costs of services provided; and WHEREAS, the City desires to establish a policy to recover the full costs reasonably associated with providing a special service of limited nature, such that monies are not diverted from the General Fund; and WHEREAS, pursuant to Government Code Section 66016, et seq., the specific fees to be charged for services must be adopted by the City Council by resolution, after providing notice and holding a public hearing; and WHEREAS, a schedule of fees and charges to be paid by those requesting such special services needs to be adopted so that the City might effectuate its policies; and WHEREAS, all requirements of California Government Code Section 66016, et seq., are hereby founded to have been compiled with. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the updated fee schedule for the services offered by the Public Works & Engineering Staff as listed on the attached Exhibit 'A." PASSED AND ADOPTED this 7th of June 2006, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk Page 1 of 4 EXHIBIT "A" RESOLUTION NO. 2006- City of Ukiah Public Works & Engineering Fee Schedule 2006 PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY RELATED SERVICE FEE I DEPOSIT SPECIAL TRANSPORTATION PERMITS One Trip $16 one-time application fee, plus $65 $16 100.0800.612.001 hourly for route checking when required. Annual- (Jan - Dec) $90 annual application fee plus, $65 $90 100.0800.612.002 hourly for route checking when required. ENCROACHMENT PERMITS Task Specific & Time Limited a. $45 application fee plus $45 plus a. Processing b. 3% of cost of improvements 1.5% of cost b. Review and Inspection 100.0800.612.003 Task Specific & Time Extension a. $25 application fee plus $25 plus a. Processing b. 3% of any increased cost of 1.5% of cost b. Review and Inspection improvements increase 100.0800.612.004 Lane Closures $65 for review of traffic control plan, $30 $65 100.0800.612.005 per day closure is in effect Violations - Failure to obtain required Double application fees Double Right-of-Way related permit Deposit 100.0800.612.003 PRIVATE PROPERTY RELATED SERVICE FEE DEPOSIT Improvement Plan Review $65 minimum plus 1.5% of Cost of $65 100.0800.612.006 Improvement Grading Permit Plan Reviews and Inspections Per Uniform Building Code (UBC) 50% of estimated 100.0800.612.007 permit fee Additional Grading Plan Reviews and $65 per hour $65 Inspections 100.0800.612.008 Review of Special Studies: At invoice if outsourced, $65 hourly if $65 a. Drainage done internally. b. Traffic c. Soils d. Other 100.0800.612.009 Page 2 of 4 LAND DIVISION RELATED SERVICE FEE DEPOSIT Certificates of Compliance - Review At invoice if outsourced, $65 hourly if $65 100.0800.612.010 done internally. Boundary Line Adjustment- Review At invoice if outsourced, $65 hourly if $65 100.0800.612.011 done internally. Major and Minor Subdivisions - Improvement At invoice if outsourced, $65 hourly if $65 Plan Checking and Inspection done internally. 100.0800.612.012 Parcel Map Processing (Minor Subdivision) At invoice if outsourced, $65 hourly if $65 100.0800.612.013 done internally. Final Map Processing (Major Subdivision) At invoice if outsourced, $65 hourly if $65 100.0800.612.014 done internally. Improvement Agreement -Preparation At invoice if outsourced, $65 hourly if $65 100.0800.612.015 done internally. LAND DIVISION RELATED cont. SERVICE FEE DEPOSIT Special Inspections per Agreement or At invoice if outsourced, $65 hourly if See note at Conditions of Approval done internally, right 100.0800.612.016 Project Conditions Financial Assurance $130 or $65 per hour $130 Processing 100.0800.612.017 Easements - Review and Processing At invoice if outsourced, $65 hourly if $65 100.0800.612.018 done internally. PUBLIC WORKS PROJECTS SERVICE FEE DEPOSIT Encroachment Permits No Charge N/A Plan Sheets (for bidding purposes) $ 4 per Sheet N/A 100.0800.612.019 Specifications $. 10 per Page N/A 100.0800.612.020 Mailing of Plans and Specs $30 minimum or actual costs plus N/A 100.0800.612.021 shipping charge. Page 3 of 4 MISCELLANEOUS SERVICE FEE DEPOSIT Copy of Standard Details $.10 per Page N/A 100.0800.612.022 Copy of Plan-Size Sheets $4 per Sheet N/A 100.0800.612.023 STREET DEPARTMENT SERVICE FEE DEPOSIT Work by Street Department Personnel (such Burdened hourly labor rate, actual N/A as removing vegetation encroaching into the material costs and equipment, plus 20% right-of-way, minor sidewalk repairs, etc.), for handling, and invoice for actual costs plus 5% for supervision and 100.0800.612,024 ad ministration. NOTES: (1) Fees are due upon delivery of service. If a deposit is required, it is due at time of application, balance at time of completion of service, unless stated otherwise. (2) Hourly rates shall be equal to the billed rate by a Consultant utilized by the City and/or the hourly cost of Staff services to include wages and fringe benefits as well as supervision, overhead, and equipment. Rates shall be updated each year to current costs. (3) Hourly rates, unless stated otherwise, shall be chargeable in .5 hour minimum increments. (4) For fees purposes the following hourly costs are to be used: Director of Public Works/City Engineer $75, Deputy Director $70, Senior Civil Engineer $65, Permit CoordinatodSecretarial $45. Page 4 of 4 ~CHMENT ';~ _ A'l'Ti ~oc, ~oo~ ."--' '-'~ '~ ~-~ ,- Eo~ m~ ~ .- 0 ETM ~~ m o > o ~ ~ ~ ° o ~ c ~ .~ c 0 0 0 ~~°°~P ~~~ ~ '~o ~=Bm ~ ~° o~> ~. o 0 ~ ~ ~ ~8= · .c ~ m o m o ~ ~ ~ . o ~ ._ · ~ > o ~ ~~ O~ 0 0 ~~ ~~ ~ 0 0 0 0 · -- ~ ~ ~ ~ ~ E~ o ~ o o o ~E o o o 0 Z Z ~._ Z Z Z ~ ~ 0 .-- ~ .- ~ 0 I ~ ~ ~ _ .- .g - ,~ ~ . . ~ .- ~' ~< 0 < z~ ~ ~ ~ ~ ~ ~ ~ >~ -- ~ oo 6o oo ~ ~ ~ oo oo oo ....... u © c~ ~- 0 ~ "~ o ~'~ 0 0~ ITEHNO. 9b DATE: June 7, 2006 CITY OF UKIAH DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 300 SEMINARY AVENUE, UKIAH, CALIFORNIA 95482 707-463-6200 TO: FROM: SUBJECT: Ukiah City Council Sandra Liston, Associate Planner Minor Subdivision Exception 05-49: Gadea 733 South Oak Street Due to a procedural issue associated with this project, staff is recommending continuance of this matter to June 21, 2006. AGENDA ITEM NO: 10a MEETING DATE: June 7, 2006 SUMMARY REPORT SUBJECT: POSSIBLE INTRODUCTION OF ORDINANCE ENACTING CAMPAIGN FINANCE REFORM ACT OR RECEIVE STATUS REPORT ON PROGRESS IN DEVELOPING ORDINANCE SUMMARY: The City Council established a subcommittee consisting of Councilmembers Mari Rodin and John McCowen to work with the City Attorney to develop a campaign finance reform ordinance containing the provisions discussed by the City Council at several previous meetings, including the Special Meeting on May 31, 2006. The draft ordinance will be provided to the City Council as soon as possible. The goal is to introduce the ordinance at the June 7 meeting and to adopt it prior to June 17 so that it can become effective prior to July 17, the date nomination papers may first be taken out by candidates for the November 2006 election. Either the draft ordinance or a status report will be provided to the City Council at its June 7 meeting. RECOMMENDED ACTION: Introduce ordinance by title only, if available, or receive status report. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: City Council David J. Rapport, City Attorney Councilmembers Mari Rodin and John McCowen To Be Delivered Approved: Ca-'n-Sace Horsley, Cit~anager ITEM NO. 1 la DATE: June 7, 2006 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS AGREEMENT WITH CIRCUIT RIDER PRODUCTIONS INC. FOR GIANT REED REMOVAL AND HABITAT RESTORATION ON CITY PROPERTY ALONG THE RUSSIAN RIVER WATERSHED Circuit Rider Productions, Inc., a nonprofit organization specializing in habitat restoration, has requested access to City owned property along the Russian River Watershed including the Wastewater Treatment Plant and Riverside Park in order to remove Arundo donax (giant reed or giant cane) which is a highly invasive exotic grass native to Asia. Arundo is an extremely noxious weed that forms impenetrable monocultures, uses large amount of water, degrades habitat for fish and wildlife and is highly flammable. The project is in collaboration with the Sotoyome and Mendocino Resources Conservation Districts and is funded by a number of local and state agencies, including the California State Coastal Conservancy, the California Department of Fish and Game, the Wildlife Conservation Board, and the State Water Resources Control Board. There is no cost to the City or private property owners for the removal and restoration work. A full project description is included as Attachment #1 for Council's review. Circuit Rider Productions has provided the City will all of the necessary insurance documents and the City Attorney has reviewed and amended the access agreement which is included as Attachment #2. Staff is recommending approval of the access agreement as landowner participation is essential to controlling the Arundo infestation and protecting the Russian River Watershed. RECOMMENDED ACTION: 1. Authorize the City Manager to negotiate and execute an access agreement with Circuit Rider Productions for giant reed removal and habitat restoration on City property along the Russian River Watershed. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that access to City Property is inappropriate. Citizen Advised: N/A Requested by: Circuit Rider Productions, Inc. Prepared by: Sage Sangiacomo, Community/General Services Director Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1. Giant Reed Removal and Habitat Restoration Project Description 2. Landowner Access Agreement with Circuit Rider Productions, Inc. APPROVED: Candace Horsley, City I~anager CIR CUIT RIDER PR ODUCTIONS c o o o · HUMANSER VICEPROGRAM$ · ECOLOGICAL RESTORA TION'$ER VICES Giant Reed Removal and Habitat Restoration in the Russian River Watershed: Project Description Introduction Arundo donax (giant reed or giant cane) is a highly invasive exotic grass native to Asia. Arundo has rapidly invaded many river systems in California resulting in serious degradation of streamside habitats. Arundo grows to heights of over forty feet and forms dense monocultures up to several acres in size. This invasive plant uses large amounts of water and facilitates fu'es. Its invasion negatively impacts habitat for salmon and other wildlife by reducing the availability of shade and insect food sources. Arundo has infested large tracts of the Russian River watershed and its tributaries, covering an area of over 300 acres along the mainstem and in over forty tributaries. In comparison to other areas in Southern California, the Russian River infestation is in its infancy. Therefore it is crucial that the invasivc weed be controlled now. As Arundo reproduces clonally and does not produce viable seed, it can be successfully removed by starting at the top of the watershed and conducting removal in a downstream direction. Russian River Watershed Arundo Eradication Project Three organizations in the Russian River Watershed are collaborating in a project to remove Arundo fi.om strearaside areas and restore native riparian habitat. The Sotoyome and Mendocino Resource Conservation Districts are engaged in landowner outreach and community education. Circuit Rider Productions, Inc. (CRP), a nonprofit organization specializing in habitat restoration, performs mapping and GIS development, scientific research, removal and follow-up restoration. The project has received funding fi.om many local and state agencies, including the California State Coastal Conservancy, the California Department of Fish and Game, the Wildlife Conservation Board, the Sonoma County Water Agency, the State Water Resources Control Board, the Community Foundation of Sonoma County, and the Switzer Foundation. Role of the Landowner Because much of the infestation occurs on private land, landowner participation is a key component of the project. Landowner participation is purely voluntary. Project funding covers all expenses of Arundo removal, revegetation, and monitoring. Landowner contributions in the form of providing irrigation, hand watering, or weeding of revegetation project areas are welcomed, but not required. (For example, many vineyard or orchard owners assist by installing and maintaining above-ground drip irrigation systems, or by having their work crews weed the installed plants a few times per year). Project 1. Description Landowner contact CRP devises an outreach plan targeting landowners of parcels where infestations are suspected. CRP then collaborates with the county's Resource Conservation District to contact these landowners in order to explain the project and to schedule an initial site visit to describe the project to the landowner in detail and to answer any questions. Initial site visit During the initial site visit, CRP representatives view the infestation with the landowner and discuss specific technical and scheduling details of the removal. Access approval Following the initial site visit, the landowner is presented with a Landowner Access Agreement (LAA), which provides CRP with written permission to access the property. The LAA is required by project funders as a condition of funding the project, and is intended to ensure that CRP is able to monitor and maintain the project, thus ensuring responsible use of public funds. The LAA is intended to allow CRP's access to the property solely for the purposes of conducting Arundo removal, revegetation, maintenance tasks and effectiveness monitoring of the project. The LAA does not allow blanket access to the property by CRP or by any other party: CRP will contact the landowner before any visit, inform the landowner of the purpose of the visit, request permission for each specific vis!t, and schedule the visit at the landowner's convenience. CRP serves no regulatory role, and will never bring other parties onto the property without expressed prior consent from the landowner. CRP also has complete liability insurance coverage, which can be presented to the landowner upon request. FROM :Circuit Rider Productions FAX NO. :707 8~8 450~ Apr. 25 2006 03:09PM P2 Removal and reveget~tion pimps After the initial site visit, CRP will elaborate work l~ians for botl~ the removal of iht: Arum./o and the revegetation of the site, which will be submitted to the landowner for approval. The removal plan will include: techniques by clump (i.e., herbicide use, tarping, or hand removal), total clump area, materials needed, disposal et' biomass (i.e., burning, chipping, or removal fix~m site) and a description of pre-emptive vegetation to avoid erosion during thc ~rand~ r~moval (il'this is heres,sm'y). The revegetat'ion plan wilJ include: a map and chart of species and quantities of plant.~ to be used by zone, a description of hardware used to protect thc plants, mid plans tbr irrigation and maintenance. The revegetation plan may necessitate that appropriate source material bc collected onsitv and propagated in the CRP Native Plants NurseD,. $. Biomass removal and disposal Once the plam~ have been approved and signed by the landowner, initial hanOI removal of the ~4ra,do will be scheduled, which con.~ist~, of cutting down and disposing of the Arundo ..e4'alks. This stage is meant to remove the bulk el'lbo biomass and to weaken the root system, and to prepare the roots for follow.up treatment. Depending on the nature of the ~rundt? clump and the control method to be u.~d, a second cuttb~g may be necessary in the fall. The biomass is then chipped for use a.,s a mulch, piled for burning by the landowner, or carted off.site, a.s stipulated by the work plan. On sites with large-scale intbstations, and with the landowner's permission, this stage may include use of thc California Conservation Corps crews, working under the direction of CRP supervisors. 6. Control methods Following initial removal, thc Arundo stalks will be treated with one of three methods to inhibit regrowth. These include herbicide application and tarping. Flerbicicle. Usually applied during the second cutting in thc fall, a concentrated glyphosa~e t'ormulation appropriate to tl~e site will bv puinted onto the fleshly cut stai~, a technique which concvntrutos the herhicide on the tm'get plant and eliminates the possibility of runoff' or contamination of non-targel plants. The timing is critical to the herbi¢ide's etYectiveness, as this is the time when ,4rondo is transporting photosynthate to it~ mots, so a maximum amount of the chemical is absorbed, l~ollowup applications thc Rfllowing summer may be needed in order to completely kill. tho room. Tm_~ing. In areas where herbicide use is unde,~irable or inappropria~te, pond liner tarps are plat:ed over the cut Arundo stalks between March and May, after the threat of flooding is p~t and tho Arundo .is entering ils active growing season. Tarps are securely staked to avoid disturbance, and will be removed before the rainy season ~t'placcd within flood zones. l~hysical root removal. Roots may be removed physically, tither by removing Ihem by hand or using machinery. 1£ roots are removed, all appropriate erosion control measures (i.e. seeding, mulching, etc.) will take place prior to the start of thc rainy season. ?: Revegetation After the Im~downer approves thc revegetation plan, it is implemented beginnio8 in the rainy season ti~liowing treatment of,4rando stands. The plan may be implemented all at once or in phases, over two rah~y seasons, depending on how successful the initial treatment was and whether followup treatment is required. 8. Maintenance and Monitoring Project funde~ hav~: established that projects must bc monitored for ten yeam, in order to ensure that Arando is eradicated and revegetation efforts are successful. Each site will be monitored Iht ,4rondo regrowth catch year and retreated until eradication is t'uily achieved, usually i-3 years. Where revegetatkm ha~ occurred, either an inigation system will be installed in coordination with the landowner, or CRP will arrange t'or hand watering and weed control tbr several years after the planting. Once the plains have established themselve.~, each revegetation site will be monitored annually for reporting. Tarped sites are monitored eyeD, two weeks to ensure the tarps remain intact. "d&'dimc~'d to cbc eni:ant"etm~e ot'~.~vm, uuno:cal and hun~an tcsotuz-e,~,,, " c~619 OLD RI:,DW('R')D HIG! tWA¥ · WINDSOR, CA 954.c~2 · FAX,. 707-838-~t$11a * TI!iL: 707..SaP,..t,g'~41 LANDOWNER ACCES ,,S AGREEMENT WITH CIRCUIT RIDER PRODUCTIONS INC. This Agreement is made and becomes effective on , by and between the City of Ukiah, hereinafter called "Landowner," and Circuit Rider Productions inc., hereinafter called "CRP". The Landowner is the fee owner of, or has a beneficial interest in, certain real properties located in the Russian River watershed. Referenced land is described by the grant deed recorded on County Recorder's Office Book: 002-102-75, 180-010-10, 180-010-17, 184-100-05, 184-100-06 hereinafter called the "Landowner's Property." PURPOSE: Circuit Rider Productions, Inc. (CRP), in collaboration with the Sotoyome and Mendocino County Resource Conservation Districts, with funding from State Coastal Conservancy, the Wildlife Conservation Board, and the State Water Resources Control Board (through the Sonoma County Water Agency) are implementing a watershed-wide program to remove the invasive grass, giant reed' (Arundo donax), from the streamside areas of the Russian River watershed. Giant reed is an extremely noxious weed that forms impenetrable monocultures, uses large amounts of water, degrades habitat for fish and wildlife and is highly flammable. Because of these negative effects on natural habitats and human land uses, landowners, as well as private and public organizations are committed to removing this plant and restoring the invaded areas. PERTINENT FACTS: CRP is a California nonprofit organization existing under Section 501(c)(3) of the United States Intemal Revenue Code and whose purposes are consistent with Division 21 of the California Public Resources Code. The Landowner seeks the assistance of CRP in restoring the natural resources and enhancing habitat on the property, and CRP seeks to provide this assistance. ACCESS PERMISSION: Landowner hereby grants permission to CRP, its subcontractors, project partners, and representatives of the funding agencies, to enter onto real property owned by the Landowner to perform the Arundo removal project. Access shall be limited to those portions of the real property that must be traversed to gain access to the work site, as well as the Arundo removal work sites. Agents of the funding agencies will have access to visit the project site at reasonable intervals during the term of this agreement to determine whether the site is being restored and maintained in a manner consistent with the grant agreements. CRP, or its agents, will give reasonable actual notice prior to each access visit, and will work with the landowner to determine their preferred method of communication and notice requirements. Reasonable and actual notice may be given by mail, in person, or by telephone directed to the address and telephone number listed below. This agreement can be amended only by written agreement of both parties prior to executing this agreement. LANDOWNERS USE OF THE PROPERTY: Except as provided in this paragraph, the Landowner reserves the right to use the property in any manner, provided that its use does not unreasonably interfere with CRP's project responsibilities under this agreement. During the term of this agreement, the Landowner shall use the property and habitat improvements in a manner consistent with the purposes of the grant agreement; this includes, but is not limited to, refraining from harming, damaging, removing, altering, or interfering with the removal or restoration sites. DURATION: This agreement shall take effect when fully executed, on the date signed below. The term of this agreement shall be three (3) years for implementation and maintenance and then (7) years for inspection and monitoring purposes. LIABILITIES: CRP shall be responsible for and indemnify the Landowner to the extent of liability resulting from occurrences arising out of the operations of and/or the active negligence of CRP, its employees, agents or contractors. Upon request, Landowner will be named as additional insured on CRP's general liability insurance policy and be provided certifying documentation to that effect. · ASSIGNMENT AND SURVIVAL: This Agreement shall be binding on any successors in interest to the Landowner only through the implementation of the project described herein. By signing this agreement, Landowner agrees to allow CRP access to' maintain the resulting improvements of the projeCt for a period of not less than ten. (10) years from the date of execution shown below. Landowner's name Landowner's address Property address Landowner's phone number and Alternate Phone number Landowner's signature Authorized signature, Circuit Rider Productions Date Print name Title Circuit Rider Productions · 9619 Old Redwood HWY · Windsor, CA 95492 · (707) 838-6641 AMENDMENTS TO LANDOWNER ACCESS AGREEMENT WITH ~ CIRCUIT RIDER PRODUCTIONS, INC. This agreement ("Amendment") amends the Landowner Access Agreement with Circuit Rider Productions, Inc. ("Agreement") to which it is attached. This Amendment is entered on ,2006 ("Effective Date") between Circuit Rider Productions, Inc. ("CRP"), a California corporation in good standing, and the City of Ukiah ("Landowner"), a general law municipal corporation. 1. PERTINENT FACTS: The following is added to the Pertinent Facts section of the Agreement: The property which CRP will access is used by Landowner for its wastewater treatment plant ("WWTP") and as a riverside park. The WWTP is the regional wastewater treatment plant for the City of Ukiah and the Ukiah Valley Sanitation District. The Landowner has contracted with Keiwit Construction to construct a $57 Million upgrade and expansion of its WWTP. Kewit has just commenced construction which is projected to take two years to complete. Time is of the essence of this construction project. The riverside park is used currently as baseball fields for the South Ukiah Little League and as a BMX bicycle track by the Rusty Bowl BMX. The Landowner has leases with both organizations for portions of the riverside park area. 2. ACCESS PERMISSION: The following is added to the Access Permission section of the Agreement: CRP, its subcontractors, project partners, and representatives of the funding agencies (collectively, "CRP") understand and agree that their access to the WWTP site is subject to the following conditions: a. CRP shall not interfere with, hinder, delay or obstruct in any way Keiwit or its agents, employees, subcontractors, suppliers and representatives (collectively "Keiwit") in their performance of the construction contract with Landowner. CRP will not enter construction areas without prior notice to Keiwit and the City's Construction Manager, and then only with permission and in compliance with any instructions from Keiwit, the City's Construction Manager or Landowner. CRP will immediately comply with any instructions from Keiwit, the City's Construction Manager or Landowner concerning CRP activities on the WWTP property. b. CRP agrees that the WWTP is critical infrastructure for the City of Ukiah and the Uldah Valley which must remain secure for Homeland Security and other reasons. CRP will only enter upon WWTP property with prior notice to and permission of Landowner, and will immediately comply with any instructions from Landowner concerning CRP's activities on the WWTP property. c. CRP will not damage the WWTP property or any WWTP improvements located thereon. CRP agrees to pay any costs req~red to repair any damage to the WWTP ~ by CRP activities on WWTP property, as dete~in~ by Landowner. CRP agrees to indemnify Landowner for any damage or cost to Landowner caused by CRP activities on the WWTP property, to the extent such activities cause damage to or loss of WWTP property. d. CRP will not interfere with the use of leased portions of the riverside park property by Landowner's lessees. WHEREFORE, this Amendment is entered by the parties on the Effective Date. LANDOWNER CRP City of Ukiah By: Circuit River Productions By: ~ ATTEST: City Clerk