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2008-02-06 Packet
CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 6, 2008 6:00 p.m. 4:00 PM Joint City Council/UVSD Meeting 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation on Environmental Impacts of Commercial Marijuana Growing in Mendocino County 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of June 20, 2007 b. Special Minutes of January 4, 2008 c. Special Minutes of January 9, 2008 d. Special Minutes of January 10, 2008 e. Special Minutes of Joint UVSD January 16, 2008 f. Regular Minutes of January 16, 2008 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. To Report the Expenditure of $7,738.89 to 101 Trailer RV for the Purchase of 6 X 12, 10,000 Lb. GVW Western Dump Over the Wheel Trailer b. Resolution Establishing Salary and Benefits for Police Chief Chris Dewey c. Authorization for City Manager to Execute a Professional Service Agreement with Kimley- Horn & Associates Not to Exceed $195,000.00 to Complete Design/Engineering Portion of the Storm Drain Project at the Ukiah Regional Airport d. Award Acquisition of Sign Machine to TAPCO for the Department of Public Works in the Amount of $15,288.77 Funded through the Equipment Replacement Fund Budget e. Authorize City Manager to Execute Amendment 1 to the Professional Services Agreement for Land Surveying Services with SHN Consulting Engineers and Geologists, Inc. for an Amount Not to Exceed $10,000 8. 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. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Reading by Title Only and Adoption of an Ordinance of The City Council of the City of Ukiah Amending Articles 1 and 18 of Division 4, Chapter 2 of the Ukiah City Code Pertaining to the Definitions Used in the City of Ukiah Sewer Ordinance and to the Replacement or Repair of Sewer Laterals b. Possible Adoption of a Resolution of Ukiah City Council Adopting the Sewer Lateral Replacement/Repair Grant Program and the Grant Program Guidelines and Establishing the Maximum Grant Amount c. Discussion and Direction Regarding Possible Support for Measure B d. Approval of Contract Addendum to the Leslie Street Gas Plant Mitigation Project with EBA Engineering for Environmental Professional Consulting Services to Include the Ukiah Skate Park Development Project. e. Consideration and Possible Approval of Letter to State Water Resources Control Board Requesting Additional Time to Comment on In-Stream Flow Policy for Northern California Rivers, Including Portions of the Russian River 11. NEW BUSINESS a. Approval of the Concept of the Closest Resource Response by the Ukiah Fire Department in Coordination with the Ukiah Valley Fire District and Cal Fire b. Approval of Contract with Mead & Hunt for Form Based Code Airport B-2 Compatibility Zone Analysis and Budget Amendment c. Consideration of a Letter of Support for the Mendocino County Museum for State Funding for the Mendocino County Archives Preservation Project d. Authorization for the Information Technology Department to Expand the Capabilities of the City's Geographical Information System (GIS) 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting a. Conference with Real Prooertv Negotiators (& 54956 8)' Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); •Negotiator: Pat Thompson, Interim City Manager; Negotiating Parties: City of Ukiah & David HuII/Ric Piffero; b. Conference with Labor Negotiator (& 54957.6) Agency Representative: Pat Thompson, Interim City Manager Employee Organization: Management Unit c. Conference with Real Prooertv Negotiators (~ 54956 8)' Property: APN 003-582-04 and -08, 03-582-28 through -34, and 003-181-34 and -35; Agency Negotiator: Mike Keller; Negotiating Parties: Ceja, property owners; Under negotiation: Price and terms of payment 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. 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 1 st day of February, 2008. Linda C. Brown, City Clerk ITEM NO: 3a MEETING DATE: February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION ON ENVIRONMENTAL IMPACTS OF COMMERCIAL MARIJUANA GROWING IN MENDOCINO COUNTY Jim Harrison, Hazardous Materials Specialist with the Mendocino County Department of Environmental Health will make a presentation on the environmental impacts of commercial marijuana growing in Mendocino County. RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: N/A Requested by: Councilmember John McCowen Coordinator Prepared by: Linda Brown, City Clerk Coordinated with: Pat Thompson, Interim City Manager Attachments: N/A Pat Thompson, Interim City Manager CITY OF UKIAH 5a CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 20, 2007 6:00 p.m. 4:45- 5:45 PM Special Redevelopment Meeting 6:00 PM ROLL CALL The Ukiah City Council met at a Regular Meeting on June 20, 2007, the notice for which being legally noticed on, June 15, 2007. Mayor Rodin called the meeting to order at 6:O1:a0 PM. Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. Absent: None. Staff present: City Manager Horsley, City Attorney Rapport, Community Services Director Sangiacomo, Planning and Building Director Stump, Economic Development Coordinator Ballek, Personnel Officer Harris, Electrical Distribution Engineer Kirkley, Water-Utilities Project Engineer Burck and Deputy City Clerk Brown. 2. PLEDGE OF ALLEGIANCE The pledge of allegiance was recited. Urgency item: City Attorney Rapport brought to the City Council's attention the need to vote to add an urgency item to the agenda, as it requires action before the next City Council meeting. It is for an Ordinance to provide a Program for Eminent Domain by the Ukiah Redevelopment Agency to comply with S653 which the City is required to adopt. He recommended adding the item tonight, and the Council needs to meet again to adopt the ordinance. M/S McCowen/Thomas to add this item as an urgency item under New Business, as item 11g. Motion carried by an all AYE voice vote. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS None. 4. PETITIONS AND COMMUNICATIONS None. 5. APPROVAL OF MINUTES None. 6. RIGHT TO APPEAL DECISION None. 7. CONSENT CALENDAR Richard Johnson, acting chair of the Green Party of Mendocino County approval of a ban on marijuana dispensaries within the City limits (item 7b consent calendar. It will be considered as New Business item 11 h. Sta consideration at the next regular meeting. Report of Disbursements for the Month of May 2007 requested that final be pulled from the ff pulled item 7e for Minutes of the Ukiah City Council June 20, 2007 b. c. Request for Reappointment of Councilmember Thomas to the MTA Board of Directors d. Reject All Bids Received for Biosolids Hauling Services e. f. Award of Bid for Purchase of 40 Dry Tons of 30% Sodium Hydroxide to Pioneer Americas at the Unit Price of $475 Per Dry Ton for an Approximate Total Amount of $18,596 Plus Tax g. Resolution of the City Council of the City of Ukiah Authorizing Continued Municipal Operations Pending Adoption of the Fiscal Year 2007-2008 Budget MIS McCowen/Thomas to approve the consent calendar, removing items 7b and 7e. Motion carried by an all AYES voice vote. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Cliff Paulin commented information from Katy Mastin of the California Fair Trade Coalition was sent to Council and he requests the matter of 'Fast Track' legislation be placed as an agenda item for discussion. Briefly, Fast Track legislation represents the process in which all international trade agreements are negotiated where the Executive branch of government has sole authority. The authority to continue the process is up for reauthorization at the end of the month. He cited Measure H and local land use decisions as examples of how local governmental bodies can be affected and local opposition has been voiced in this regard. Cliff Paulin further commented on a campaign occurring in the Bay Area called Bay Area Plug-In that supports the use of hybrid vehicles that can operate on all electric power for up to 25 miles thereby eliminating the consumption of fossil fuel. He supports the willingness of municipalities to purchase hybrid vehicles for their fleet and recommends agendizing this matter for discussion/ possible action. 9. PUBLIC HEARINGS (6:15 PM) None. 10. UNFINISHED BUSINESS a. Water/Utilities Project Engineer Burck presented the item. RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 2 to the Brown and Caldwell Consultant Services Agreement for an additional amount not to exceed $10,000. 6:18: ~3 YM Public Comment Opened: Speaking to the item: Lee Howard 6:25:24 PM Public Comment Closed. Council/staff discussion of proposed test drilling: The cost of the two test wells was not included in the original contract with Brown and Caldwell whereby the actual drilling of the wells has been budgeted for at a cost of approximately $30,000 per well. While core drilling to a depth of 200 ft. confirming the presence of water costs between $4,000 and $6,000, this may be the most cost effective approach as more sites could be explored and more information gathered in order to decide where the well should be located. Minutes of the Ukiah City Council June 20. 2007 • Even though core drilling is an option, the cost of core drilling on top of the expense of the test well would be added. Studies of various sites were conducted to determine the locations having the highest and most probable presence of water. • The proposed well sites were evaluated and eliminated as possibilities except for the two sites that look more promising. • There should be some guarantee that water is present in the quantity desired with the added expense being requested. • The most feasible approach may be to complete core drilling at a cost of between $4,000 and $6,000 to determine whether a site may be appropriate for a test well for the presence of water rather than spending $30,000 to test bore per site to determine the site is inappropriate as a water source. Core drilling can provide information that a site may be feasible for a test well, but not to the extent of determining the quantity of water needed. • While a test bore can be drilled, it would not provide sufficient information to effectively design a well because a test well would still have to be drilled. • The drilling process essentially involves the cost of a test bore to provide a physical sample of the soil in which a soils expert will study the information, including the cost to pay an onsite geological expert to oversee the drilling, and it may be worthwhile to look more closely at these costs. • The purpose of a test bore is to determine the presence of water at a particular location. • The test well provides the most accurate information on the soil types present, thickness of strata, quality of water and once the water is pumped after the drilling is completed the necessary information can be categorically logged by an expert. • The intent of the project is to minimize expenses as much as possible and to build on the information that has already been paid to the consultants, which was the initial well siting study whereby all sites have been eliminated except for two sites. • If drilling for a test well is not an option in terms of minimizing costs, a test bore can be done to at least determine the presence of water. Core drilling and soil sampling would be costly with no guarantee that water is present. M/S Baldwin/Thomas to authorize the City Manager to execute amendment no. 2 not to exceed $10,000 and with the additional expectation that the City complete a test bore at each of the proposed sites in advance of a test well. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. b. City Attorney Rapport presented the item. RECOMMENDED ACTION: Approve Agreement in Attachment 1 and authorize its submission to the Ukiah Valley Sanitation District as the City's response to the District's counter-proposal. City Attorney Rapport commented on the project: • The City has purchased 14 acres of land from Richard and Donna Mattern immediately north of the existing Waste Water Treatment Plant property (WWTP). • The City had anticipated the purchase of the property in the future for improvements to the existing WWTP that are planned in the next ten year timeframe. • The City has requested the UVSD, which shares the use of the treatment plant with the City, pay a proportional share of the cost of acquiring the property. • The UVSD has proposed terms for acquiring that property under which they are willing to do this. Minutes of the Ukiah City Council 3 June 20, 2007 City Attorney Rapport also commented on the potential for the agreement to terminate at some point and proposed measures for determining associated improvement costs and land value: OPTION 1 • Add a provision which states that if the agreement terminates for any reason, the City can acquire the UVSD's interest in the property by valuing any improvements that are constructed on the property, separate from the value of the land and the City would pay for these two elements separately. • In order to monetarily assess improvement costs, the parties can determine the construction costs based on the proportion of service units in the City and District at the time the improvements were constructed. There would be a `useful life' assigned to improvements and depreciated over the useful life. • If the agreement terminated at some point in time, the City would pay the depreciated value of the UVSD's proportional share of that amount based on the amount contributed at the time of construction. • To determine land value as a separate issue, subtract the one-half of the mediation and closing costs from the purchase price of $550,000. The interest would be determined on the balance over the time period since the property was acquired based on the average rate of return on City's invested funds wherein the City would pay one-half of the amount, which would be the value of the land. OPTION 2 • Determine the fair market value of the unimproved land at the time the participation agreement was terminated by implementing a mechanism for agreeing on the land appraisal process. M/S Baldwin/Thomas to approve the recommended action. Councilmember McCowen recommended deferring action on this item pending further discussion with the UVSD in a joint meeting, including discussion about how two jurisdictions can effectively operate one water/sewer treatment plant. 7:00:07 PM Councilmember Baldwin withdrew his motion regarding approval of the agreement/counter proposal relevant to improvements to the water/sewer plant. Councilmember Thomas concurred By Consensus Council continued the matter and corresponding issues raised to the June 25 joint budget meeting with the Ukiah Valley Sanitation District Board. c. City Attorney Rapport presented the item. The intent of the discussion is for City Council to consider authorizing staff to proceed with a petition to renew its water rights permit and change its place of use and points of diversion. The matter of identifying the boundaries relative to place of use has not been resolved. RECOMMENDED ACTION: Instruct staff on preferred policy options listed. 7:34:24 PM Public Comment Opened Speaking to the item: Barbara Spazek, Mary Ann Miller, and Lee Howard. 7:43:20 PM Public Comment Closed Minutes of the Ukiah City Council June 20, 2007 Staff confirmed the City and the water districts could account for water exchanged through the emergency interties by naming each others points of diversion, such as wells, in their respective permits. It was noted Millview County Water District has scaled back its proposed place of use to not only include its existing place of use, plus the land formerly owned by the Masonite Corporation and occupied by the Masonite plant, also known as "west Masonite." After a lengthy discussion, Council generally agreed to: • Limit its proposed place of use to its existing place of use plus any additional area contained within the proposed 1995 Sphere of Influence. • Use the proposed 1995 Sphere of Influence, which is an area considerably smaller than the area originally proposed by staff for boundary purposes. • Renew the City's water rights permit. • Craft language restricting the transfer of water to specified emergency situations. Councilmember Baldwin does not favor moving forward based on his concerns that this is the first step in making City water available to encourage major growth and development. M/S McCowen/Crane to authorize staff to move forward with the decision regarding the petition to change place of use under City's appropriate water rights permit and proceed with arrangements for expanding the place of diversion and incorporate what is described on the map as the City's Sphere of Influence and incorporate within that the proposed place of use and include emergency language regarding the emergency intertie problem. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen and Mayor Rodin; NOES: Councilmember Baldwin; ABSENT: None; ABSTAIN: None. d. Discussion and Possible Inaut to the County Reparding Ukiah Vallev Plan Land Use Scenario/Alternatives and uroaosed Development Areas Planning Director Stump presented the item. RECOMMENDED ACTION: Discuss and possibly provide input to the County regarding the Ukiah Valley Area Plan land use scenarios/alternatives and proposed development areas. Public Comment Opened: 9:03 PM Dotty Coplen and Mary Anne Miller spoke to the item. Public Comment Closed: 9:17 PM The Council designated Mayor Rodin and Councilmember McCowen as asub-committee to prepare a draft letter to the County Board of Supervisors regarding the UVAP process. The letter will be considered by Council at a special Council meeting to be held next Monday. Council generally agreed that consideration of a tax sharing agreement, an updated City of Ukiah Sphere of Influence, and other related issues should all be considered as integral parts of the UVAP process. It was noted the County Board of Supervisors is scheduled to consider the UVAP discussion area alternatives next Tuesday. e. Receive Status Resort Concerning Sign Ordinance Enforcement Activities Planning Director Stump presented the item and advised that Code Compliance Officer White is willing to meet with Council in the future. The recent change providing for issuing an infraction, similar to a traffic ticket for violations of the Sign Ordinance is proving to be effective in gaining compliance without the need to issue a citation. Minutes of the Ukiah City Council June 20, 2007 RECOMMENDED ACTION: Receive report and provide direction. 9:28:49 PM 11 It was noted Council has previously designated Councilmembers Crane and Thomas as a subcommittee to continue to monitor sign enforcement activity relevant to nuisance issues/ non-compliance of the Sign Ordinance. By consensus Council agreed that a quarterly report from staff would be sufficient and the subcommittee will continue to monitor sign enforcement activity and bring issues for non- compliance to staff's attention and further discussion by Council. NEW BUSINESS a. Community Services Director Sangiacomo presented the item. RECOMMENDED ACTION: Authorize the City Manager to execute a memorandum of understanding with the Ukiah Dolphin Parent Auxiliary. 9:39:57 PM M/S Crane/Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. b. Electrical Distribution Engineer Kirkley presented the item. RECOMMENDED ACTION: City Council adopt a resolution (see Attachment 1) that will authorize NCPA to act on its behalf with regard to Congestion Revenue Rights ("CRR") matters, including, but not limited to, authorizing and directing NCPA to participate in the CRR nomination process on behalf of Ukiah, to accept financial responsibility on behalf of Ukiah and other Members of the NCPA Pool under the Pro Forma MSS Aggregator CRR Entity Agent Agreement, to perform settlement functions, and to comply with other CAISO Tariff requirements. Staff further recommends that the CAISO Letter Representing Agency Relationship Between Load Serving Entity and Designated Agent/Trustee ("Letter of Agency") (see Attachment 2), specifying that NCPA is acting on behalf of Ukiah as its agent for all CRR functions specified in the Pro Forma MSS Aggregator CRR Entity Agent Agreement, be approved and that the City Manager be authorized to execute it on behalf of Ukiah. M/S McCowen/Crane to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. c. Bridge Economic Development Coordinator Ballek presented the item. RECOMMENDED ACTION: Approve Joint Agreement with County. Council supports approval of a joint agreement with Mendocino County specifying the future ownership and maintenance of the proposed Orchard Street Bridge over Orr Creek. Minutes of the Ukiah City Council June 20.2007 M/S Crane/McCowen to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. d. Request for Approval of Executive AssistanUCity Clerk Position Re-Classification Personnel Officer Harris presented the item. RECOMMENDED ACTION: Council to approve the proposed job description and salary re- classification in order to begin recruitment efforts for the Executive Assistant/City Clerk vacancy. M/S Thomas/Mayor Rodin to approve the recommended action. Motion failed by the following roll call vote: AYES: Councilmembers Thomas, Mayor Rodin; NOES: Councilmembers Crane, McCowen, Baldwin City Attorney Rapport stated that Council could take action on a revised job description separate from the compensation issue. M/S Crane/Baldwin to approve reclassification of the Executive AssistanUCity Clerk position and the salary will remain the same as it is presently. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, Thomas; NOES: Mayor Rodin; ABSENT: None; ABSTAIN: None. e. Review and Give Direction Regarding Local Conflict of Interest Code-continued City Attorney Rapport presented the item. Briefly, the City is required by the conflict of interest provisions of the Fair Political Practices Act to adopt a local conflict of interest code where a portion of the appendix of this document regarding consultants has not been implemented. RECOMMENDED ACTION: Review and provide direction to staff. Public Comment Opened: 10:28:14 PM Public speaking to the item: Lee Howard Public Comment Closed: 10:31 PM M/S McCowen/Crane to approve procedures for implementing the City's Conflict of Interest Code. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. h. Adoption of Ordinance Prohibiting Medical Marijuana Dispensaries in the Citv of This was item 7b, which was pulled from the consent calendar by pubic request RECOMMENDED ACTION: Approve a motion to adopt the ordinance prohibiting medical marijuana dispensaries in the City of Ukiah. 10:46:07 PM Public Comment Opened: Public speaking to the item: Mark Labelle 10:49 PM Public Comment Closed: Councilmember McCowen commented this is an Ordinance designed to protect the health and safety of the great majority of the citizens of the City of Ukiah and not intended to be a statement against Proposition 215 or the use of medical marijuana for medicinal purposes. Minutes of the Ukiah City Council June 20, 2007 M/S McCowen/Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. f. Discussion of a Downtown Strateov Workshop City Manager Horsley asked if Council would be amenable to staff coming back with information as to whom they desire and the necessary methods/format for facilitating a workshop. The consultants instrumental with conducting the charrettes concerning the Form Based Zoning/SmartCode project for the Downtown and Perkins Street corridor did a very good job. She recommended the strategy workshop be conducted by an individual/firm that specializes in downtown-related issues as to what elements are important for growth, with prioritizing projects, maintaining effective maintenance, and with revitalizing of the Downtown areas. RECOMMENDED ACTION: Discuss and provide direction. Councilmember Baldwin does not favor paying a consultant to facilitate the strategy workshop. Community Services Director Sangiacomo commented PFM, a financial agency that has assisted the City with bonding issues, emphasized that if the City is contemplating 'bonding' for Redevelopment Agency projects that it is very important to have consultant with the appropriate background available to assist. The intent of a consultant would be to direct help shape and provide information for revitalizing the Downtown rather than function as a workshop facilitator. It was noted that individuals specializing in finance and bonding for redevelopment project purposes would be beneficial to have at the workshop after the strategy components have been addressed. A consultant would likely function as a service expert and provide tools/guidelines/information to assist with the strategizing and corresponding decision making processes once the key projects have been indentified and prioritized. M/S McCowen/Thomas to approve the recommended action concerning Downtown revitalization and for Councilmembers and staff to meet in July or early August to further discuss the most effective approach with regard to potentially hiring a consultant or not to assist with Downtown revitalization workshops. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. g. Urs~encv Item 33342.7). RECOMMENDED ACTION: Adoption of a motion to introduce the ordinance by title only and a motion to introduce the ordinance. Adopt the ordinance at an adjourned regular meeting to be held in the four day period between June 26 and June 29. City Attorney Rapport presented the item. The intent is to adopt the ordinance that allows the City to exercise the use and power of eminent domain as provided for in SB 53 to remedy blighted conditions and/or for other specific purposes within certain areas of the redevelopment area of the community and amends the existing plan. The authority of the ordinance does not allow exercising the power of eminent domain to acquire residential property. Government regulation and protocol requires the ordinance be introduced tonight whereby Council must meet again after June 25 and before July 1 at a regular meeting in order to adopt the ordinance. Minutes of the Ukiah City Council June 20, 2007 M/S Baldwin/Thomas introduced the ordinance by title only. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. Deputy City Clerk Brown read the Ordinance Providing a Program for the Exercise of Eminent Domain by the Redevelopment Agency by title. M/S Baldwin/Thomas introduced the ordinance. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. The item was continued to an adjourned meeting on June 27, 2007 at 1:00 p.m 12. COUNCIL REPORTS Councilmember Baldwin commented the Inland Water and Power Commission (IWPC) met with PG&E regarding the proposed frost protection diversion project in Potter Valley where it was determined that if the FERC ruling was ever challenged, the project would likely be too costly. The IWPC would only get involved in the event there is an agreement among the stakeholders. The Potter Valley Irrigation District will be working toward making permanent the temporary frost protection diversion that may allow for more water to flow. It is unlikely at this point that an amendment to the existing program will evolve. Councilmbember McCowen inquired whether the problems with the recording system have been resolved for recording/televising of Council meetings. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley gave the Council a copy of the budget for the Ukiah Valley Sanitation District for the upcoming meeting scheduled for June 25. 11:22:22 PM Recessed to Closed Session 14. a. Labor Negotiations: Police and Management Bargaining Units (§ 54957.6) Negotiator: Candace Horsley, City Manager b. Conference with Real Property Negotiators (§ 54956.8); Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); Negotiator: Candace Horsley, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero; Reconvened at 12:30 .AM. No action was taken. 15. ADJOURNMENT There being no further business, the meeting adjourned at 12:30 a.m. to the regular adjourned June 27 meeting at 1:00 PM Linda C. Brown, Deputy City Clerk Cathy Elawadly, Transcriptionist Minutes of the Ukiah City Council June 20, 2007 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 4, 2008 4:00 p.m. Item 5b ROLL CALL 4:06:42 PM The Ukiah City Council met at a Special Meeting on January,4, 2008, the notice for which being legally noticed on, January 3, 2008. Mayor Crane called the. meeting to order at 4:06 pm. Roll was taken with the following Councilmembel!'s present; Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Absent: None. Staf~:presen4: .Enterim City Manager Thompson, Water Utilities Project Engineer Burck, afttY Deputy City Glerlc Currie. Pledge of Allegiance recited. 2. 3. 5. Dotty Coplen requested that the date of special tttaeUngs be'posted on the website as soon as the date is known and the agendas be posted on the website 24 hours in advance of the meeting. Water Utilities Project Engineer Sutd~ presented an update:: on the City of Ukiah's water distribution system. a. Proclamatiop Commending Plovhares tirt :Opening New Kitchen-Dining Facility Mayor=Crane read tfte Proclamation and presented it to Mary Buckley Executive Director o~Plowshates. NEW-Bt#SJNESS 4 1~:~3;PM a. tSieCUSBion anc~f~ction Regat~ding Input to the Board of Supervisors on the Possible Repeal ~kAeasure G and Adoption of a 25 Plant Per Parcel Limit in the Unincorp+Dr~ted Area of the County Councilmeml~rMcCowen presented the item. Public Comment Opened 4:19:32 PM Punic speaking to the item: Richard Johnson and Dane Wilkins Publlc'GOnunentGlosed M/S McCowen/Baldwin to appoint a subcommittee of Councilmember McCowen and Thomas to draft a letter to the Mendocino County Board of Supervisors for the Mayor's signature that recommends to the Board they place on the ballot a measure to repeal Measure G, to adopt the State's limits, and give final approval to the limit of 25 plants per parcel. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. I/4/08 City Council Meeting Page 1 of 2 Mayor Crane introduced the Interim City Manager Pat Thompson 4:39:03 PM 4. UNFINISHED BUSINESS a. Discussion of the Strategic Plan Process 4:41:"'8 1'M Mayor Crane presented the item. MIS McCowen/Thomas to appoint Councilmembers Crane and Rodin as the subcommittee to meet with the facilitator and staff to better define the strategic planning process and continue the process. Motion carried;tty the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin;>~£aldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. b. Discussion and Possible Action on the City Manager 4~ecruitment Process 4:59:52 PM Item discussed in Closed Session, item 6ai c. Appointment of Interim City ManageF~ilrtd Consideration and Posslbtb Approval of Contract Item discussed in Closed Session, item 6b, with the following action: M/S Rodin/Baldwin to appc3i Pat Thompson rnterirri Gity Manager effective January 2, 2008, and to approve an l=tnpit5te~t Agreement subject to specified minor changes/clarifications. Motion carriet~ by ~ all AYES voice vote of the members present. Recessed to Closed Sesa€oit At 5:00 pm 6. CLOSED SEB#1N - CIos+3C!<Session may Eye held at any time during or before the meeting a. Pu61ic l=fYgyment f54957) Title: City ftiager; -. b. " PCe Employme0t (§54957) ~~ Title. iii City Ntarsager G. Conference Vi+ith Labor Negotiators (§54957.6) Agency Designated Reffresentative: Pat Thompson, Interim City Manager Unrepresented employee: Police Chief Reconvened at 6:75 pm; see item 4c for reportable action on item 6b, no reportable action on items 6a and 6c. 7. ADJOURNMENT There being no further business, the meeting adjourned at 6:15 pm. JoAnne M. Currie, Deputy City Clerk I/4/OS City Council Meeting Page 2 of 2 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting CIVIC CENTER CONFERENCE ROOM #3 300 Seminary Avenue Ukiah, CA 95482 January 9, 2008 4:30 p.m. Item Sc ROLL CALL 4:34:24 PM The Ukiah City Council met at a Special Meeting on January 9, 2008, the notice for which being legally noticed on, January 7, 2008. Mayor Crane caiiet9""fie meeting to order at 4:34 pm. Roll was taken with the following Councilmembers present: Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Absent: None. Stiff present: Interim City Manager Thompson, City Attorney Rapport, City Enginee[1F'tibtic'Works Director Eriksen, Interim Water/Sewer Operations Kennedy, Interim Eteefric Utilities Director KeNer, Police Chief Dewey, Community Services Director Sangia~rrlo, and Deputy City Clerk Currie.... 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. 3. NEW BUSINESS a. Discussion and Direction oiY~~i~riorities for th6`elte~im City Manager to Monitor and/or Pursue Durirt~ H~tiNsj~nment witfte City of Ukiah Mayor Crane presented an update onthe Str2t8giCPlanning process. Recommended Action: Discuffiiw`u~f~us long term §0'etegic priorities and give direction as to top priorities fir the Interim City Managrsr. The directk~~ liven al=to the top priori~ffor Interim City Manager Thompson are: Strate is Pri '~ g~ 1! #1-ding the eff,¢Ctiveness of the workplace environment; ~trat~ic Priori~C~ monifi~; work on plan for infrastructure (utilizing the strate"planning v~t3rkshops) and"creation of a prioritized ten-year plan; and assisting~vithidentithe areas she can offer the most assistance, given limited service time, nth Strategy Priority #2 and #4 valley wide planning and maintaining downtown Uki~ti's historic'place as a regional center for civic and economic activity. IUE~yor Crane and Councilmember Rodin will create a schedule for future Strategic Pleaning Workshops. 4. ADJOURNMEii~t`I' There being no further business, the meeting adjourned at 6:00 pm. JoAnne M. Currie, Deputy City Clerk I/9/OS City Council Meeting Pagc 1 of 1 Item Sd CITY OF UKIAH DOWNTOWN SPECIFIC PLAN COMMITTEE MINUTES Special Meeting CIVIC CENTER CONFERENCE ROOM 3 300 Seminary Avenue Ukiah, CA 95482 January 10, 2008 4:00 p.m. 1. ROLL CALL The Downtown Specific Plan Subcommittee met at on Januaty"1Q; 2008, the notice for which being legally noticed on, January 7, 2008, and was called tb ord~"4;15 p.m. Roll was taken with the following Committee Members present: Thwttas, Rod'rn,;Baldwin, Landis, and Pruden. Absent: None. Staff present: Interim ~~y. Manager Thotr~son, City Attorney Rapport, Planning Director Stump, City EngineerlPu6lic 1Norks Director Er%sen, Community Services Director Sangiacomo, and Deputy City jerk Currie. 2. AUDIENCE COMMENTS ON NON-AGENDA"I`I"i~MS None. 3. UNFINISHED BUSINESS a. Discussion and Direction-'P.~t#mcerning the Proces8;and Initial Tasks for the Preparation of a Downtowft,"" ` " ", fu; Plan 4 51 32 p. . Planning Director Stump preserved derrr'~mended Action: Discuss the purpose, role, and tasks of the Dnwntovrin Sp~YOC Ptan Subcommittee and provide direction to Staff,...... Staff ttr 6upply a may of the tentative area of the specific plan including Gibson Creek;''n`toce inform~tibn on the properties including but not limited to photographs and ownet`a pros aI~ cons of exparii~~rg the specific plan area; ideas on how the Ukiah Redevelppm~it.r~cy mtgYst assist with this project; and suggested SUbGa~nmittee c,~fials and tirYfe~fteaat the next meeting. Subcommttee members to supply their objectives, concerns, thoughts, opportunities, etc. at the next meeting. The next Subcommittee meeting will be January 31, 2008, at 4:00 pm. 4. ADJOURAIMENT There bei~"ho further business, the meeting adjourned at 5:38 pm. JoAnne M. Currie, Deputy City Clerk Item Se CITY OF UKIAH MINUTES SPECIAL JOINT MEETING OF THE UKIAH CITY COUNCIL AND UKIAH VALLEY SANITATION DISTRICT CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 16, 2008 4:00 p.m. 2. ROLL CALL The Ukiah City Council and the Ukiah Valley Sanitation January 16, 2008, the notice for which being legalk~! r Crane called the meeting to order at 4:07, .` I Councilmembers present: Thomas, McCovlren, Ba Councilmember Rodin. Sanitation District lard pre: and Crane. Staff present: Interim WaterlSevf~~pera City Clerk Currie, and Board of Supervisors Clerk" r~xai Introduction and First Re"'" b~ Amending Articles 1 and 1~ A Pertaining to the Definitions~ls the Replacement or Repair ofSe~ District Repealing Ordinance fro Adopting Or<tt4'fce No 30 Pert Ordinance and to ~te Replaceme Introdu~on and Discussion of P ~istricf nn+ex.at a special meeting on ticed on, January 11, 2008. Mayor Ali was taiii§n :with the following win, and MaybC Crane. Absent: nt: Directors Wattenburger, Delbar, olds Kennedy, City of 1Jkah Deputy ~r'.'Pledge of Allegiarice recited. Title Only of ptdinances of the City of Ukiah ision 4, ChapteY 3of the Ukiah City Code, ittt . City of UkfSewer Ordinance and to er t~ls and offhe Ukiah Valley Sanitation 9l~'~ta~ii~~tY€€I ttg Sewer Lateral Testing and ing to the Definitions Used in the Sewer t or Repair of Sewer Laterals and the aposed Guidelines for Sewer Lateral krim Water/SetNer O~eraflbns Kepntedy presented the item. Recommended Action: `Irftr~~and rea~by,title only tifeproposed City and District Ordinances that would, if adopfcd,atttplemeri~fie alternative Program and Receive the proposed sewer lateral replaCernent/repatsgEant program guidelines and provide any direction to staff that the City Council and District Bcard deem appropriate. public Comment Opened Ptcspeaking;to the item: Jim Ronco representing the Sewer Lateral Ad-Hoc Come~ittee and drank McMichael Public"comment Closed M/S McCOwen/Thomas to introduce the new version of the City Ordinance distributed by the City Attorney by Title only, title to be read when ordinance is adopted, with the following edits: section 3799.2 D3 $50,000 changed to $100,000 and the date from February 15, 2009, to March 7, 2009. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, and Mayor Crane. NOES: Councilmember Baldwin. ABSENT: Councilmember Rodin. ABSTAIN: None. A similar Motion regarding the District Ordinance was also made and carried by the unanimous voice vote of the UVSD Board of Directors present. UVSD 1/16/08 Page I of 2 b. Discussion and Possible Action Regarding Consolidation of the District and City Sanitary Sewer Collection and Treatment Infrastructure into an Independent Sanitation District By Consensus the Council continued this item to a Special Joint Meeting of the Ukiah City Council and Ukiah Valley Sanitation District on Wednesday, February 8, 2008, at 4:00 p.m. 3. OTHER BUSINESS a. Set the next Joint Meeting of the Ukiah City Council and Ukiah Valley Sanitation District The next joint meeting will be February 8, 2008, at 4 OU.pm 4. ADJOURNMENT There being no further business JoAnne M. Currie, Deputy City Clerk UVSD 1/16f08 Page 2 of 2 CITY OF UKIAH Item Sf CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 16, 2008 6:00 p.m. 4:00 pm Joint Sanitation District Meeting 5:30 pm Presentation of Final Draft Downtown Ukiah Parkirtiq Improvement Study Senior Planner Townsend introduced Jim Weinberger, Piifru~pal with Whitlock & Weinberger Transportation, Inc., who presented an overview of the Study. Recommended Action: (1) Receive Downtown Ukiah Parking Improvement Study and comment; (2) refer the Study to an ad hoc parki[~} improvement oifntmittee comprised of Police, Public Works, Community Services, ami Plarhing together with a Council subcommittee if desired, for preparation of Sri implementation plan for Ctwncil review. M/S McCowen/Baldwin to refer the Study tu`~,parking to be comprised of the list in the recommend~d;astian Main Street Program, Greater Ukiah Chamber of Comr Authority, Courts, Greater Ukiah Localization Project, tl Councilmember Thomas as the official Council repre~8 following roll call vote: AYES. CcYUri%iMttembers Thoma Crane. NOES: None. ABSENT: GouriCi(member Rodin. 2. 3. ~provement Ad-Hoc Committee s`representatives of the Ukiah rce, Mendocino Transit 'Raccoon Lodge' and ttive. Motion carried by the UlcCowen, Baldwin, and Mayor BSTAIN: None. ROLL CALL The Ukiah City Courtcii met on January 16, 2008, the nofice for which being legally noticed on, January 11, 2008. Mayor Crane called the meeting to order at 6:18 pm. Roll was taken at the Joint Sanitation District Meeting with the' following Councilmembers present: Thomas, McCowen, Baldwinsand Mayor Crane. Absent: Councilmember Rodin. Staff present: Interim City Manager Thopson,, -lnte[im Electric Utilities Director Keller, Electrical Distribution Engineer Kirkley, Pofue:Cliief dew®y„Community Services Director Sangiacomo, and Deputy City-Clerk Gutfe. Consuittants presen4: N£PA Don Dame at the Joiht S2mitation Dstiidt Meeting. a fMcoduction oflnterim Director of Electric Utilities-Mike Keller, P.E. Introduction of Mike Keller, Interim Electric Utilities Director, by Interim City Manager Thompi3on b. Proclamation of the City of Ukiah Recognizing Officer Kevin Michael Howland on Recent Award of the Presidential Medal of Valor by President George Bush Mayor Crane read and presented the Proclamation. 4. PETITIONS AND COMMUNICATIONS None. CC 1/16/08 Page 1 of 4 5. APPROVAL OF MINUTES a. Regular Adjourned Minutes of August 13, 14, 20, and 29, 2007 for Fiscal Year 2007-08 Budget Hearings b. Regular Minutes of December 19, 2007 6. 8. 9. M/S McCowen/Thomas to approve August 13, 14, 20, and 29, 2007, as submitted and December 19, 2007, with the following correction: Item 14c action to be moved to 14b. Motion carried by an all AYES voice vote of the members present. RIGHT TO APPEAL DECISION a. Report of Disbursements for the Month of b. Rejection of Claims for Damages ReceivE and Referral to Joint Powers Authority, Rt c. Report to the City Council Regarding the l 2008 Winter-Spring Recreation Guide in t d. CONSENT CALENDAR\ Councilmember Baldwin requested Consent Calendar item 7d be-moved to New Business. M/S Baldwin(f-homas to approve the Consent Calendar items 7a through 7c and 7e through 7f: Re-Classification of Building Inspector Motion carried by an all AYES voice voEe of 1 fiber 2007 Donald Pfleger and Michael Lewis Empire Municipal Insurance Fund >e of'Services for the Priri#ing of the MOV~La,Lo New Business 1 e. Adoption of Resolution Appro~tin~ City of Ukiah Qua f Request Approval of Revised Bui(drtig` Official Job D \RIN+sS:(6:15 PAtll present. 'actors List for 2008 and Proposed Salary a. Introduction ~~lrt~f~fal9t~-,~nepdrr-~nt No. 07-33, Amending Ukiah Municipal ~~, :Division ~sGhapter ~'"~~i~ttej and Division 9, Chapter 2 (Zoning) to Allow 1"emporary A-frartae/Sandwich Board Signs Within and Outside the Public Right- . of-way, (1fi~r Objects to be Placed Within the Public Right-of-Way, and Minor Sign Code Atrtendmerits Regarding Banners and Similar Objects, Murals, Signs on Awnings, Sign Frart~s, Freeway Signs, Community-oriented Sign Program, and Other Minorlssues Senior Planner Townsend presented the item. Recommended Action: (1) Conduct a pubGC hearing; (2) introduce proposed Ordinance Amendment No. 07-33, amending Ukiah Munigpal Code, Division 3, Chapter 7 (Signs) and Division 9, Chapter 2 (zoning) to allow temporary a-frame/sandwich board signs within and outside the public right-of- way, other objects to be placed within the public right-of-way, and minor sign code amendments regarding banners and similar objects, murals, signs on awnings, sign frames, freeway logo signs, community-oriented sign program, and other minor issues; and (3) continue final adoption to date certain. Public Hearing Opened: 6:52 pm Public speaking to the item: Dick Selzer, Dottie Deerwester, Lisa Mammina, and Jim Mulherin. Public Hearing Closed: 7:03 pm CC 1/16/08 Page 2 of 4 MIS McCowen/Baldwin to direct the Planning Director to convene a committee to include representatives of the Ukiah Main Street Program, Greater Ukiah Chamber of Commerce, Greater Ukiah Localization Project, Design Review Board, Planning Commission, real-estate community, and two public members who may apply to the Planning Director and at his discretion he is to designate the public representatives to meet with staff and review Ordinance and present a revised Ordinance at the March 5, 2008, Council meeting. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Mayor Crane. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 10. UNFINISHED BUSINESS a. Adopt Resolution Authorizing the City Manager to Execute an Updated Second Phase Agreement with the Northern California PovierAgency for the Lodi Energy Center, Increase the City's Participation ifi the Lodi Energy Center from 5 MW to 8 MW and Authorize Budget Amendment in the Amount of $784,250 Electrical Distribution Engineer Kirkley presented the item. Recomrrtended Action: (1) Adopt resolution authorizing the City Manager to execute an updated' Second Phase Agreement with the Northern Californ~ 1?ower Agency for Funding thecPlanning and Development Activities of the Lodi Energ+j (;enter, (2}; increase the City's participation in the Lodi Energy Center to 8 MW; (3) des~nate the City's Electric Utility Director, or his/her designee, as the City's authorized representative under the Second Phase Agreement with the authority to undertake pr6ject votes and other administrative actions required under the Agreement; and (4) authDtize a budget amendment in the amount of $784,250. M/S McCowen/Baldwin to approve the emended action. Motion carried by the following roll call vote: AYES Councilnt~rhbers Thomas, McCowen, Baldwin, and Mayor Crane. NOE$: None. ABSENT` Councilmember Rodin. ABSTAIN: None. b. Continued Discussion of the Use of.Tasers and Taser Policy for the Ukiah Police Depar#ment; Authorization to Award Sold Source Bid to Proforce Law Enforcemetit:in the l~nount of $53,211:15 for Tasers and Related Equipment; and Authorize Use+df Trairdin~ ar-d.Overkirne Budget as Necessary for Related - Traif-ing Chief Dewey;presented the item. Recommended Action: (1) Authorize the award of a sole source biCl o ProFOrGe Law Enforcement in the amount of $53,211.15 for the purchase of Taxers and related equipment; (2) Authorize use of training and overtime budget as necessary for related training. iViiS:Baldwin/McCowen to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Mayorv~rarte. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 11. NEW BUSINESS a. Award Professional Services Contract to RFS Utility Consulting, Inc. for Consulting Services Supporting the City of Ukiah's Electric Department with North American Electric Reliability Corporation Reliability Standards Compliance and Authorize Budget Amendment in the Amount of $13,200 Interim Electric Utilities Director Keller and Electrical Distribution Engineer Kirkley presented the item. Recommended Action: Award Professional Services Contract to RFS Utility Consulting, Inc. for supporting the City of Ukiah's Electric Department with North American Electric Reliability Corporation (NERC) reliability standards compliance CC I/16/OS Page 3 of 4 on Cyber Security, Sabotage Reporting and Under-Frequency Load Shedding and authorize budget amendment in the amount of $13,200. M/S Thomas/Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Mayor Crane. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. b. Report to the City Council Regarding Acquisition of Services from Spencer Brewer for the Management/Production of the 2008 Sundays in the Park Concert Series in the Amount of $8,000 (was item 7d.) Public Comment Opened 7:53 pm Public speaking to the item: Jim Mulherin. Public Comment Closed7:54 pm By Consensus City Council received the report. 12. COUNCIL REPORTS Councilmember Thomas will be attending ~";NCPA workshop and meeting.-.:next week in Sacramento and reported Ukiah's Haiku Fesfivat will be irr-honor of the menrrory of Dory Anderson. Councilmember McCowen stated his appreciation of Ukiatt Police Chief Dewey and Captain Taylor for their community outreach"r~arding the laser item;ithe effort to repeal Measure G is moving forward and will be placed or(#aMot as Measure B. 13. CITY MANAGER/CITY CLERK REPOI Interim City Manager Thompson gave and fire chief recrui0n+ant. She also rE attended. Recessed to Closed'sion 8:02"pm 14. CLOSED SESSION-Cbosed aian a. ~etencewitii%Real Prod `" Pro ""I~: APN 15 :~4+~ A 2 0 Negotiatdt": t?at Thorrtpscc~n, Irate Negotiating~''atties. Cityt`Ltkia b. Conference vwk2eal Propertv '- Property. APN 11-020-09 on the Governor's budget, garbage rates, meeYrf~' on Form Based Zoning was well iy beheld at any time during or before the meeting tiators (§ 54956.8); 3, 07, 08 (Ukiah); n City Manager; & David Hull/Ric Piffero; f~egotiator: Patii'hompson, Interim City Manager Neg4tiaUng PaCt'ies: City of Ukiah/County of Mendocino Under Negotiation: Price and terms c. LaborNetxotiations Miscellaneous Unit (§ 54856.6) Negotiator.` Pat Thompson, Interim City Manager Reconvened at 9:15 pm No reportable action was taken. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:15 pm. JoAnne M. Currie, Deputy City Clerk CC 1/]6/08 Page 4 of 4 r ITEM NO: MEETING DATE February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: TO REPORT THE EXPENDITURE OF $7,738.89 TO 101 TRAILER RV FOR THE PURCHASE OF 6 X 12, 10,000 Ib. GVW WESTERN DUMP OVER THE WHEEL TRAILER. Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the City Council to advise of the purchase of a GVW western dump over the wheel trailer. The trailer was purchased from 101 Trailer RV for the amount of $7,738.89 with funds from account 800.3729.800.000 (Fiscal Year 2007-08 budget), which were specifically budgeted and available for this purpose. City Staff obtained bids fora 6' x 12', 10,000 Ib. GVW Western Dump Over the Wheel Trailer for the Electric Division of the Public Utilities Department. A total of 4 companies were sent a Request for Bid. Two companies responded with bids that met the required specifications. A bid tabulation of the two responding bidders is below for Council's review. Vendor Trailer Size 8~ GVW Total Price inc. Tax & Lic. 101 Trailer RV 6' x 12', 10,000 Ib. Pac West Trailers 6' x 12', 10,000 Ib. 7a $7,738.89 $9,000.88 101 Trailer RV was awarded the Purchase Order at a price of $7,738.89. RECOMMENDED ACTION: NO ACTION NEEDED -REPORT TO COUNCIL ONLY Citizens Advised: N/A Requested by: Mary Horger, Purchasing Supervisor and Colin Murphey, Electric Supervisor Prepared by: Mary Parker, Purchasing Assistant Coordinated with: Pat Thompson, Interim City Manager Attachments: N/A Approved: ;'!~-C _/ ~h.~,t,~--- Pat Thompson, Interim City Manager ITEM NO. 7b DATE: February 6 2008 AGENDA SUMMARY REPORT SUBJECT: RESOLUTION ESTABLISHING SALARY AND BENEFITS FOR POLICE CHIEF CHRIS DEWEY History: Chief Dewey was promoted to his new position in August, 2007. In October 2007, the Chief raised some compensation issues with the City Manager. Dewey at the time was a member of the Department Director Bargaining Unit and the benefits were calculated differently from the Police Unit creating some compaction issues with his subordinates. He subsequently discussed his interest in being removed from the Department Head Unit in order to have his compensation adjusted to allow for an equitable adjustment above the Police Captain which he supervises. A letter of agreement has been signed to allow him to be removed from the Department Director Unit. To provide for his compensation and terms of employment, Chief Dewey will remain an at-will Director Level employee with a separate Council Resolution establishing his salary and benefit package. This Resolution provides for the salary adjustments up through September 30, 2010 that will mirror adjustments in the Police Unit to keep him approximately 12% above the pay of the Captain. The salary adjustment includes an initial 4% salary increase effective October 2007 and a provision for the City to pick up his 12% PERS contribution to the 3% at 50 retirement program. With this initial adjustment, Chief Dewey's annual salary will be $119,964. Employee benefits for the Chief mirror in some cases the Police Unit such as health benefits and vacation schedule, while others mirror those of Department Directors. The Resolution remains in effect until amended by the City Council at the recommendation of the City Manager and is conditioned on the continued employment of Chief Dewey with the City of Ukiah. Typically, the City Manager would meet with the Chief once the salary and benefits of a new Police Management Unit contract have been approved. The Police Management Unit follows the salary and benefits provisions negotiated by the Police Unit which runs through September 30, 2010. RECOMMENDED ACTION: That the Council adopt the attached Resolution establishing the salary and benefits package for Chief Dewey. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by Prepared by: Pat Thompson, Interim City Manager Coordinated with: Attachments: 1. Resolution Establishing Salary & Benefits APPROVE Pat Thompson, Interim City Manager RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA TO ESTABLISH SALARY AND BENEFITS FOR THE POLICE CHIEF WHEREAS, the City of Ukiah, and the City of Ukiah Department Head Bargaining Unit have agreed to remove the job classification of Police Chief from the Department Head Unit of the City of Ukiah through a mutually signed letter of agreement between the Unit, the Police Chief and Municipal Employee Relations Officer, designated in Res. 73-55 which governs employee relations and unit modifications; and WHEREAS, The City and Police Chief have an interest in maintaining an appropriate salary differential between the salaries for the Chief and Police Captain job classifications, which could not easily be addressed while the Police Chief job classification remained part of the Department Head Unit; and WHEREAS, the terms and conditions of employment for the Police Chief were previously established by the Memorandum of Understanding (MOU) between the City of Ukiah and the Department Head Bargaining Unit; and WHEREAS, due to the modification of the bargaining unit, items pertaining to the terms and conditions of employment for the Police Chief are set forth as indicated in Exhibit A attached hereto and made a part hereof: NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Ukiah approves the terms and conditions of employment for the job classification of Police Chief set forth in Exhibit A. PASSED AND ADOPTED by the Ukiah City Council this 6`" day of February, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Linda C. Brown, City Clerk Exhibit A Terms and Conditions of Employment For City of Ukiah Police Chief Job Classification The Police Chief of Ukiah is expected to perform the duties of Police Chief as prescribed by all applicable laws, rules and regulations of the State of California and the City, the Chief's job announcement, job description, and all duties prescribed orally or in writing by the City Manager. Compensation for the job classification of Police Chief is defined as follows: 1. Salary: The Chief's salary shall be $4,614.08 biweekly, effective the first pay period of October 2007. 2. Salary Adjustments: Effective the first pay period of April 2008, there shall be a three percent (3%) increase to the salary schedule of the Police Chief job classification. Effective the first full pay period of October 2008, there shall be a four percent (4%) increase to the salary schedule of the Police Chief job classification. Effective the first full pay period of April 2009, there shall be a four percent (4%) increase to the salary schedule of the Police Chief job classification. Effective the first full pay period of October 2009, there shall be a six percent (6%) increase to the salary schedule of the Police Chief job classification. 3. Health and Welfare Premiums: Effective the first full pay period in February 2008, the City will pay with City funds (a) the current City-paid health and welfare contribution, the health, dental and vision premiums for the Chief; (b) up to fifty percent (50%) of the insured dependent's health, dental and vision premiums for the number of family members, not to exceed fifty percent (50%) of the annually published PERS Choice health premiums; and (c) REMIF dental and vision monthly premiums through December 2008. 4. PERS Employer Rate Pick Up By City: Effective the first full pay period in October 2007, the City will pick up the 12% portion of the Public Safety employer's PERS rate for the 3% at 50 benefit formerly paid by the Police Chief. 5. Flex Plan: The Police Chief shall be part of the flex plan system. Effective the first full pay period in February 2008, the Chief shall receive $493.09 bi-weekly, subject to the rules and procedures of the City's flex plan system. 6. Management Incentive Pav: Effective the first full pay period in February 2008, the Police Chief shall receive base rate salary for 104 hours per year, to be paid as straight time by cash payment on a fiscal basis. The Chief will be required to request the Management Incentive Pay in accordance with the City's rules and procedures. 7. Section 125 Plan: A Section 125 Plan is available for pre-tax benefits at the option of the Police Chief. 8. Retiree Insurance: Upon obtaining seven years of service with the City of Ukiah, the Chief may purchase at his own expense, City group insurance if offered by the carrier, and subject to the carrier's requirements. Premium payments must be made to the City of Ukiah no later than the 15th of the month preceding the month of coverage, or coverage will be terminated. Retiree Medical: The Chief may contribute each pay period toward a Retiree Health Plan Trust Fund in an amount to be determined by the Chief. All contributions will be lumped into a trust fund for highest interest rate earning possibility, and an annual report on contribution and interest accumulation will be made available. The Chief may withdraw funds at any time, but upon withdrawal, the Chief cannot reenter the Program. Upon retirement, the Chief may withdraw all funds from the individual employee retirement trust account or designate how much per month they would like to retrieve from the fund until depletion of the account. 10. Holidays: Effective the first pay period in February 2008, the Chief will receive the following paid holidays: a. December 31 New Year's Eve b. January 1 c. 3`d Monday of January d. 3'd Monday of February e. Last Monday of May f. July 4 g. 1St Monday of September h. 2"d Monday of October i. November 11 j. 4th Thursday of November k. 4th Friday of November I. December 24 m. December 25 New Year's Day Martin Luther King Birthday Washington's Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Day following Thanksgiving Christmas Eve Christmas Day 11. Vacation Schedule: Effective the first pay period in February 2008, the Chief will accrue vacation hourly each pay period in accordance with the following schedule: Years Hourl Factor Maximum Accrual 0-8 rs 6.2 hours/pa eriod 338.4 hours 9-15 rs 7.7 hours/ a period 416.4 hours 16 plus 8.4 hours/pa period 452.8 hours 12. Vacation Cash Out: Effective the first pay period in February 2008, in the event the Chief reaches over half of his maximum accrual, he may cash out up to two weeks of vacation. Vacation cash out is limited to two times per fiscal year, and must occur in a pay period during which they have accrued at least half of their vacation accrual maximum. 13. Bereavement Leave: The Chief is entitled to three days bereavement leave for the death of any member of his immediate family. An additional two days may be granted for travel exceeding 350 miles one way. 14. Service Credit: The Chief will receive credit of up to 50% for prior comparable government entity service toward vacation accrual, at the discretion of the City Manager. 15. Military Service Credit: If the Chief is PERS eligible, he may elect to purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment. He must contribute an amount equal to the contribution for current and prior service that the employee and the City would have made with respect to that period of service as determined by PERS. 16. Uniform Allowance: Effective the first pay period of February 2008, the Police Chief will receive a $1000 uniform allowance annually. The Chief may submit reimbursement requests up to the maximum uniform allowance amount to Accounts Payable for reimbursement of uniform and cleaning costs. Reimbursement will be made by separate check. Any remaining amount not used prior to June 30 of each year will be provided to the employee as a cash payment, subject to withholding. 17. Service Clubs: Upon approval by the City Manager, the City may reimburse the Chief for service club expenses for one service club, subject to City rules and procedures. Reimbursement is limited to annual dues, fines, meals and special assessments to specified maximums. 18. Use of Citv Vehicle: The Chief shall be entitled to use a City Vehicle for professional and business use. 19. Hours of Work: It is understood that the demands of the position of Chief will require more than eight (8) hours a day and/or forty (40) hours per work week. The Chief is not entitled to receive overtime compensation. ITEM NO. 7c DATE February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXCUTE A PROFESSIONAL SERVICE AGREEMENT WITH HIMLEY-HORN & ASSOCIATES NOT TO EXCEED $195,000.00 TO COMPLETE DESIGN/ENGINEERING PORTION OF THE STORM DRAIN PROJECT AT THE UHIAH REGIONAL AIRPORT On July 23, 2007, the Ukiah City Council accepted a grant from the Federal Aviation Administration (FAA) in the amount of $195,000.00 to complete the design engineering portion of the storm drain project at the Ukiah Regional Airport. Since that time, staff has sent out Request for Qualifications for this project and three (3) firms responded. Engineering and Airport Staff (airport Manager & Airport Assistant), reviewed the proposals, and have selected Kimley-Horn as the best qualified firm to complete the task. Each staff member independently reviewed the applicants and felt Kimley-Horn was the best. FAA requires that firms be selected by qualifications, not by lowest bid. Funds to pay for these services will be drawn from FAA grant #3-06-0268-10 listed above, Caltrans Division of Aeronautics match funds in the amount of $4,875.00, and $5,425.00 of Airport funds. As mentioned in past correspondence to Council, when the consultant has the design portion complete, staff will apply for construction funding from FAA. Staff is therefore recommending approval of the second phase of this project. RECOMMENDED ACTION: Authorize City Manager to execute a Professional Service Agreement with Kimley-Horn & Associates in the amount not to exceed $ 195,000.00 to complete the design portion of the Storm Drain Project ALTERNATIVE COUNCIL POLICY ACTION: Determine agreement is not appropriate and provide direction to staff CITIZEN ADVISED: REQUESTED BY: PREPARED BY: COORDINATED WITH: ATTACHMENTS: A Paul Richey, Airport Manager Paul Richey, Airport Manager Pat Thompson, Interim City Manager Rick Seanor, Deputy Director of Public Works FAA grant Document Scope of Work APPB.QyED: Pat Thompson, Interim City Manager ITEM NO. ~a DATE: February 6. 2008 AGENDA SUMMARY REPORT SUBJECT: AWARD ACQUISITION OF SIGN MACHINE TO TAPCO FOR THE DEPARTMENT OF PUBLIC WORKS IN THE AMOUNT OF $15,288.77 FUNDED THROUGH THE EQUIPMENT REPLACEMENT FUND BUDGET SUMMARY: The City Public Works Department worked with the Purchasing Department to obtain bids for the acquisition of a sign machine. Seven companies received requests for quotations. One sealed proposal was received and opened by the Purchasing Supervisor on December 19, 2007. The low bidder is TAPCO (Traffic & Parking Control Co., Inc.) which quoted a price of $15,288.77 for a TAPCO pressure sensitive sign machine. This new sign machine will replace the existing sign machine which is approximately 20-years old and uses heat-activated sign making technology. Sign vendors are currently phasing out heat-activated sign materials. Staff therefore recommends award of acquisition of the sign machine. RECOMMENDED ACTION: Award acquisition of sign machine to TAPCO in the amount of $15,288.77 for the Department of Public Works using funds from the Equipment Replacement Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not award acquisition of sign machine. 2. Direct staff to readvertise for bids. FUNDING: Amount Budoeted Account Number Additional Funds Requested $25,000 Equipment Replacement None Fund 698 Citizen Advised: Requested by: Prepared by: Coordinated with Attachments: N/A Tim Eriksen, Director of Public Works /City En ineer~ Rick Seanor, Deputy Director of Public Works~/~-- Pat Thompson, Interim City Manager ~/ None APPROVES ~~ Pat Thompson, Interim City Manager AG-SignMachine ITEM NO. 7e DATE: February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR LAND SURVEYING SERVICES WITH SHN CONSULTING ENGINEERS AND GEOLOGISTS, INC. FOR AN AMOUNT NOT TO EXCEED $10.000. SUMMARY: On April 5, 2006 the City Council authorized the City Manager to execute a professional services agreement for land surveying services with SHN Consulting Engineers and Geologists, Inc. (SHN) in the amount of $20,000. The contract has a remaining balance of $2,798. Staff is recommending an amendment for an additional $10,000 to this contract (Amendment #1) in order to provide the Land Surveyor services for approximately a one year period. BACKGROUND: In May 2001, the City entered into a Professional Services Agreement to provide Land Surveyor services with T. M. Herman and Associates, Inc. of Willits, now know as SHN. Since that time, the firm has worked on a variety of tasks for Public Works and Engineering. In April of 2006, Staff wanted to give other local Land Surveying firms an opportunity to provide these services to the City. Staff was interested in proposing this to other firms to encourage competitive rates and to provide an equal opportunity to all local professionals. The informal request for proposals for this work was not based on any dissatisfaction for Continued on Paae 2 RECOMMENDED ACTION: Authorize City Manager to execute Amendment 1 to the professional services agreement for land surveying services with SHN Consulting Engineers and Geologists, Inc. for an amount not to exceed $10,000. ALTERNATIVE COUNCIL ACTION: Direct Staff to contact Land Surveying Professionals outside the local area with a formal RFP. FUNDING: Amount Budgeted From Acct No. To Acct. No. Additional Funds Reouested $10,000 100.3001.250 N/A $0 Citizen Advised: N/A Requested by: Tim Eriksen, Director of Public Works /City Engineer Prepared by: Tim Eriksen, Director of Public Works /City Engineer Coordinated with: Pat Thompson, Interim City Manager _~ APPROVED: ~1L7~, ~.1(~s-~~%~~----- Pat Thompson, Interim City Manager Page 2 February 6, 2008 Authorize City Manager to execute (Amendment 1) to the professional services agreement for land surveying services with SHN Consulting Engineers and Geologists, Inc. for an amount not to exceed $10,000. the work product that SHN has continued to provide the City. In March, 2006, staff contacted three qualified consulting firms in the Ukiah area to determine their interest in providing these services. All declined with the exception of SHN. Over the duration of the previous agreement, SHN's staff has provided support to the City's Public Works Engineering staff. Many processes related to development permits require review and approval by a licensed Land Surveyor. Items requiring review include Parcel Maps, Final Maps, Easements, Rights-of-Way, Certificates of Compliance and related supporting documents. In order to assure that the necessary review is accomplished in a timely manner, the City has utilized consultants to provide these services. SHN has also been available for other surveying services related to Standley Street, the Fish Hatchery property and the Sun House property. SHN is a local firm with access to the necessary records and an understanding of the City's local requirements. Incases where work performed by SHN on behalf of developers requires action by the City, the City shall use Coastland Civil Engineers for independent review of work. A sum of $10,000 will fund these services for approximately one year. Staff anticipated and expense of approximately $10,000 for these services and this amount has been included in the FY 2007/2008 budget in account 100.3001.250.000. In addition, costs incurred for the review of easements for sewer, water, and electric are reimbursed by the developer/customer. ITEM NO: l0a MEETING DATE: 2/6/08 AGENDA SUMMARY REPORT SUBJECT: READING BY TITLE ONLY AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS Submitted for reading by title only and adoption is the attached ordinance that replaces the City's existing "point-of-sale' Sewer Lateral Inspection and Testing Program with the alternative program negotiated with River Watch. This ordinance was introduced at the City Council meeting on January 16, 2008, in a joint meeting with the Board of Directors of the Ukiah Valley Sanitation District. (Continued on Daoe 2) RECOMMENDED ACTION: Adopt a motion to read the ordinance by title only, direct the City Clerk to read the title, and adopt the "Ordinance of the City of Ukiah Amending Articles 1 and 18 of Division 4, Chapter 2 of the Ukiah City Code Pertaining to the Definitions Used in the City of Ukiah Sewer Ordinances and to the Replacement or Repair of Sewer Laterals." ALTERNATIVE COUNCIL OPTIONS: Not adopt the ordinance as submitted, revise provisions of the ordinance and direct staff to prepare a revised ordinance to adopt at the next City Council meeting. FUNDING: Staff is submitting to the City Council a proposed Sewer Lateral Grant Program which will provide some financial assistance to eligible property owners who are required to inspect, test, and repair or replace their sewer lateral as a result of the provisions of the attached ordinance. It is proposed that funding for the Grant Program come from revenue generated from the monthly sewer service fee and reserved for Infiltration and Inflow reduction and budgeted in Fund Account 614.3510.810.004 Citizens Advised: N/A Requested by: Sewer Lateral Ad Hoc Committee Prepared by: Rick Kennedy, Interim Water/Sewer Director; David Rapport, City Attorney Coordinated with: Pat Thompson, Interim City Manager Attachments: 1 -Ordinance pertaining to definitions used in the City of Ukiah sewer ordinance and to the replacement or repair of sewer laterals Approved:.. ,jG~'~_,--~~~~.~~~ ~--~. Pat Thompson, Interim City Manager Page 2 READING BY TITLE ONLV AND FINAL ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS DISCUSSION: The Alternative Program was presented to and approved by the City Council on September 19, 2007, and by the UVSD Board on September 26, 2007. As a result of the approvals and subsequent submittal to the United States Northern District Court of California, Oakland Division, the District Court on December 19, 2007 approved the amendment to the Consent Decree incorporating the Alternative Program. As provided in the Amended Consent Decree provisions, the City and District are required to implement the provisions of the Alternative Program within ninety (90 days) after the amendment is approved by the District Court. The implementation deadline is March 18, 2008. In summary, the Alternative Program, once implemented, will replace the provisions of the current Sewer Lateral Program requiring the inspection and repair at the time real property served by the sewer lateral is sold with provisions that require the inspection and testing of the sewer lateral on a geographical approach or a failure, violation, or structure remodeling event. Under the Alternative Program, inspections, testing and repair or replacement of a sewer lateral is required when: 1. The sewer main to which the lateral is connected is rehabilitated or replaced 2. The parcel served is within 100 feet of a Creek which is declared impacted by the sewer collection system 3. A qualifying sewer lateral service call indicating damage, displacement, or cross sectional deflection of the sewer lateral 4. The occurrence of a sanitary sewer overFlow 5. When the structure being served is remodeled at a cost of $100,000 or greater excluding the costs for ADA compliance and fire sprinkler work 6. Addition of plumbing fixtures to the building or site plumbing of 2 fixture units or more 7. The addition of a bedroom 8. The change of property use from residential to commercial and from non-restaurant commercial to restaurant commercial 9. The discovery of an illegal connection 10.The discovery of prohibited discharges The provisions of the Ordinance become effective 30 days after the adoption of the ordinance. The Sewer Lateral Ad Hoc Committee has reviewed and approved the proposed Ordinance and recommends to the City Council that the ordinance be adopted. ATTACHMENT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS. 1. The City of Ukiah (City) owns, operates and maintains a sewer collection system within its limits. 2. The Ukiah Valley Sanitation District (District) contracts with the City to operate and maintain the collection system it owns. 3. The City owns, operates and maintains a sewer treatment plant to treat, recycle and dispose of wastewater generated within the limits of the City and District. 4. The City's ability to effectively manage its sewer collection system can be affected by the proper maintenance of private sewer laterals. 5. The City's ability to regulate private sewer laterals is outlined in Division 4, Chapter 2 of the Municipal Code. 6. The modifications set forth below will facilitate the proper maintenance of private sewer laterals; SECTION TWO. Division 4, Chapter 2, Article 1 of the Ukiah City Cade is amended to read as follows: ARTICLE 1. SEWERS ANO SANITATION § 3700.0: DEFINITIONS The following definitions apply to this chapter. Terms not defined in this article shall have their ordinary and common meaning, or if applicable, the meaning set forth in the Plumbing Code as adopted in the City. § 3700.1: APPLICANT DEFINED: Applicant shall mean a person or entity making application under the provisions of this division for a permit for a sewer or plumbing application. An applicant shall be the property owner or an authorized agent of the property owner. § 3700.2: BOARD DEFINED: Board shall mean the Board of Directors of the Ukiah Valley Sanitation District, California. February 6, 2008 § 3700.3: BUILDING LATERAL DEFINED: Building lateral shall mean that portion of a sewer lateral beginning at the foundation wall of any building or industrial facility and running to the property line or to a private sewage disposal system. § 3700.4: CERTIFICATE OF SEWER LATERAL COMPLIANCE DEFINED: Certificate of Sewer Lateral Compliance shall mean the certificate issued by the Director of Ukiah Public Utilities or his/her designee certifying that the sewer lateral complies with the standards set forth in this Chapter. Certificates of Sewer Lateral Compliance shall be valid far a period of twenty five (25) years for all sewer laterals that, as a result of inspection and testing occurring after Dec. 31, 2006, are confirmed to meet the current building material, testing and performance standards of the City for new sewer laterals. Certificates of Sewer Lateral Compliance shall be valid for a period ten (10) years for sewer laterals that satisfactorily pass inspection and testing occurring after Dec. 31, 2006 and do not exfiltrate at a rate greater than that allowed by the City's testing standards or that meet the requirements outlined in Section 3799.6 § 3700.5: CITY DEFINED: City shall mean the City of Ukiah, California. § 3700.6: CITY ENGINEER DEFINED: City Engineer shall mean the City Engineer of the City. § 3700.7: CONTRACTOR DEFINED: Contractor shall mean a person or entity duly licensed by the State of California to perform the type of work to be done under the permit. § 3700.8: COUNTY DEFINED: County shall mean the County of Mendocino, California. § 3700.9: DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT Director of Planning and Community Development shall mean the Director of Planning and Community Development of the City. § 3700.10: DIRECTOR OF PUBLIC WORKS DEFINED: Director of Public Works shall mean the Director of Public Works of the City. § 3700.11: DIRECTOR OF UKIAH PUBLIC UTILITIES DEFINED: Director of Ukiah Public Utilities shall mean the Director of the Public Utilities Department of the City. The Director of Ukiah Public Utilities or hislher designee shall perform all duties of sewer inspector under the terms of this ordinance. February 6, 2008 § 3700.12: DISTRICT DEFINED: District shall mean the Ukiah Valley Sanitation District, California. § 3700.13: DOMESTIC SANITARY SEWAGE DEFINED: Domestic sanitary sewage shall mean water carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding all ground water, surface water, storm water and industrial wastes. § 3700.14: GOOD CAUSE DEFINED: Good cause shall mean practical difficulties, including interference with the use or safety of the public right of way, adverse weather conditions, or demonstrated economic hardship. § 3700.15: GARBAGE DEFINED: Garbage shall mean solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. § 3700.16: INDUSTRIAL WASTES DEFINED: Industrial wastes shall mean the wastes of producing, manufacturing and processing operations of every kind and nature. It shall not include domestic sanitary sewage. § 3700.17: MAIN SEWER DEFINED: Main sewer shall mean a public sewer designed to accommodate more than one sewer lateral. § 3700.18: MULTIPLE DWELLING DEFINED Multiple dwelling shall mean a building or buildings on a single parcel for residential purposes containing more than one kitchen or having facilities for the occupancy of mare than one family, including, but not limited to, the following: hotels, motels, auto courts, trailer courts, apartment houses, condominiums, duplex, rooming house, boarding house, guest house and dormitories. § 3700.19: NOTICE TO REPAIR: Notice to Repair shall mean notice issued by the Director of Ukiah Public Utilities to a property owner that the property owner is in violation of the City Code with respect to the property owner's sewer lateral, which order directs the abatement of the violation. § 3700.20: OUTSIDE SEWER DEFINED: Outside sewer shall mean a sanitary sewer beyond the limits of the City not subject to the control orjurisdiction of City. February 6, 2008 § 3700.21: PERMIT DEFINED: Permit shall mean any written authorization required pursuant to this Division or any other regulation of City for the installation of any sewerage work. § 3700.22: PERSON DEFINED: Person shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the State of California, districts, and all political subdivisions and governmental agencies thereof. § 3700.23: PLUMBER DEFINED: Plumber shall mean a person or entity duly licensed by the State of California to perform the type of plumbing work to be done under the permit. § 3700.24: PRE-AUTHORIZED LIST: Pre-authorized list shall mean the list of qualified plumbers, contractors, or other inspectors qualified by training and experience to conduct the required inspections, developed by the Director of Ukiah Public Utilities that may perform sewer lateral inspections without direct City oversight, in accordance with the provisions of this chapter. § 3700.25: PROPERTY OWNER: Property owner shall mean the owner of the property as shown on the last equalized assessment roll or in the records of the Mendocino County Recorder. § 3700.26: PUBLIC DISTRICT DEFINED: Public district shall mean any district organized under the laws of the State of California which is authorized to engage in and is engaged in collecting and disposing of sewage. § 3700.27: PUBLIC PREMISES DEFINED: Public premises shall mean any premises owned of record by the City of Ukiah, the Ukiah Valley Sanitation District, the County of Mendocino, the State of California, or the United States of America. § 3700.28: PUBLIC SEWER DEFINED: Public sewer shall mean a main sewer lying within a street or easement which is maintained and controlled by or under the jurisdiction of the City and/or the District. §3700.29: QUALIFYING SEWER LATERAL SERVICE CALL DEFINED: A Qualifying Sewer Lateral Service Call means work on a sewer lateral pertormed by a septic or sewer line cleaning business, plumber or similar service provider, where the service provider in the course of providing service encounters conditions indicating root intrusion or other permanent damage to the sewer lateral, such as deflection or separation of the lateral. February 6, 2008 § 3700.30: QUALITY CHARACTERISTICS AND ANALYSES DEFINED: Quality characteristics and analyses shall mean as defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, or EPA Standard Procedures, and all sample collection, laboratory procedures of analyses, tests, measurements and data reporting. § 3700.31: SANITARY SEWER DEFINED: Sanitary sewer shall mean a sewer which carries sewage and to which storm, surtace and ground waters are not intentionally admitted § 3700.32: SEWAGE DEFINED: Sewage shall mean water carried wastes from residences, business buildings, institutions and industrial establishments. § 3700.33: SEWERAGE WORKS DEFINED: Sewerage works shall mean all facilities owned or controlled by the City except private sewers, far collecting, pumping, treating and disposing of sewage. § 3700.34: SEWER DEFINED: Sewer shall mean a pipe or conduit for carrying sewage § 3700.35: SEWER COLLECTION SYSTEM DEFINED: Sewer Collection System shall mean the network of public sewers, including main sewers that transport flow by gravity, main sewers that transport flow under pressure and pumping stations, which carry sewage to the sewer treatment plant. § 3700.36: SEWER LATERAL DEFINED: Sewer lateral shall mean the sewer line beginning at the foundation wall of any building and terminating at the main sewer and shall include the building lateral and street lateral together, also referred to herein as "the side lateral." § 3700.37: SEWER SERVICE UNIT DEFINED: One sewer service unit is defined as being a single unit of sewer discharge having characteristics of flow, biochemical oxygen demand (B.O.D.) and suspended solids equivalent to that generated and discharged by a typical single family residential unit. § 3700.38: SEWER TREATMENT PLANT DEFINED: Sewer treatment plant shall mean the Sewer Treatment Plant owned and operated by the City. § 3700.39: SINGLE-FAMILY UNIT DEFINED: Single-family unit shall mean and refer to the place of residence for asingle-family. February 6, 2008 § 3700.40: STANDARD SPECIFICATIONS DEFINED: Standard specifications shall mean a set of documents containing design and construction standards for all sewage works and sewer laterals as adopted by the City/District and as amended from time to time § 3700.41: STATE DEFINED: State shall mean the State of California. § 3700.42: STORM SEWER OR DRAIN DEFINED: Storm sewer or storm drain shall mean a conveyance which carries storm waters, non- storm surface flows or ground waters and drainage, but in or through which sewage is prohibited. § 3700.43: STORM WATER DEFINED: Storm water shall mean the water running off or draining from the surface and sub-surface of an area during and after a period of rain or irrigation. § 3700.44: STREETS DEFINED: Streets shall mean any public highway, street, alley, public place, public easement or right of way. § 3700.45: STREET LATERAL DEFINED: Street lateral shall mean the portion of a sewer lateral lying within a public street connecting a building lateral to the main sewer. SECTION THREE. Division 4, Chapter 2, Article 18 shall be amended to read as follows: ARTICLE 18. SEWER LATERAL TESTING 3799.1: PURPOSE, POLICY AND ADMINISTRATION: A. The purpose of this article is to codify requirements for the inspection, testing, repair and replacement of sewer laterals within the City. B. It is the policy of the City to reasonably prevent infiltration, exfiltration and better protect the Sewer Treatment Plant and the environment by requiring a reasonable program of inspection, testing, and if necessary repair and replacement, of private sewer laterals. C. The Director of Ukiah Public Utilities shall administer these requirements and has the authority to alter or waive the requirements prescribed in this Article 1 S, if such requirements are impractical, because of the nature or physical location of the sewer lateral. D. Administrative Guidelines for Inspections and Testing February 6, 2008 Within ninety (90) days of the adoption of the Ordinance enacting this article, the Director of Ukiah Public Utilities shall prepare and promulgate the public administrative guidelines which shall, among other things, establish the following: 1. A certification program for licensed plumbers, contractors and other qualified inspectors who will be placed on the Pre-Authorized List and the basis for obtaining and maintaining such a certification or for decertification; 2. Standard Inspection Report Forms and Guidelines for completing and using Sewer Lateral Inspection Reports; 3. A standard Notice to Repair and enforcement procedures for repair and replacements 4. A standard Certificate of Sewer Lateral Compliance. 3799.2: APPLICABILITY A. This Article shall apply to property located within the City and to property which is located outside the boundaries of both the City and the District which are served by the City Sewer Treatment Plant or the City's sewer mains. B. This Article shall not apply to properties located within the District or within both the City and the District, if the District has adopted a sewer lateral inspection program that complies with the Consent Decree in River Watch v. City of Ukiah and Ukiah Valley Sanitation District, U.S.Dist.Ct., N.D. Cal., C04 4518 CW. C. All sewer laterals that have been repaired or replaced, including gravity and pressure laterals, shall be tested in accordance with the applicable provisions of this article. No person constructing, repairing or replacing a sewer lateral, shall use that lateral to introduce sewage into the public sewer until the person has complied with sections 3799.3 through 3799.6 of this article, as appropriate. D. All sewer laterals connected to the public sewer, including sewer laterals serving residential, multi-family residential, commercial or industrial uses, shall be cleaned and tested in accordance with the appropriate provisions of section 3799.3 through 3799.6 of this article, upon the occurrence of any of the following, unless a valid Certificate of Sewer Lateral Compliance is on file with the City: 1. Upon the occurrence of a sanitary sewer overflow from the private lateral; 2. Upon the discovery of either an illegal connection as described in Section 3702.3 or an illegal discharge as described in Section 3706.4 to the public sewer system; 3. Upon application for a building permit for work on an existing structure with a sewer service, where the value of the work, as set forth in the permit, exceeds $100,000, provided, however, that the value of work required by the Americans with Disabilities Act ("ADA") or to add fire sprinklers as required by the California Fire Code as adopted in the City of Ukiah, shall not be included when determining whether a sewer lateral is subject to inspection and testing; provided, further, that beginning on March 7, 2009, the $100,000 amount shall be adjusted annually by the percentage increase in the Consumer Price Index over the same month in the previous year. CPI means the Consumer Price Index for San Francisco, Oakland-San Jose, CA, all items (base year 1982- 1984 =100) published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean comparable statistics on the purchasing power of the consumer dollar as determined by the City Manager. February 6, 2008 4. The addition of a plumbing fixture having assigned to it two or more fixture units as are assigned by the California Plumbing Code as adopted in the City; 5. Upon a change of use of the property served from a residential to a commercial use or from a commercial use to a restaurant; 6. In conjunction with the replacement or rehabilitation of the public sewer main to which the lateral is connected; 7. Upon the occurrence of a Qualifying Sewer Lateral Service Call; and 8. Sewer laterals serving parcels that are located within 100 feet of any creek or stream which is declared by City Council resolution to be impacted by the sewer system. 3799.3 APPROVED TESTING METHODS The sewer lateral shall be inspected and tested, using the following methods as allowed by and in accordance with standards adopted by the Director of Ukiah Public Utilities: 1. TV inspection. 2. Exfiltration testing. 3. Other similar inspection or testing methods as approved by the Director of Ukiah Public Utilities. 3799.4: REQUIREMENTS FOR TESTING SEWER LATERALS PURSUANT TO SECTION 3799.1.D.1-5 and 7-8. A. Sewer Lateral Service Providers: 1. On and after March 7, 2008, any person or business entity providing sewer lateral service in the City of Ukiah for compensation shall file a written report with the Public Utilities Department of each Qualifying Sewer Lateral Service Call it makes in the City of Ukiah. The report shall contain the date of the call, the address where the sewer lateral is located, and a brief description of the service and of the conditions making it a Qualifying Sewer Lateral Service Call. 2. The Public Utilities Director may adopt a form far use in filing the reports 3. Within fifteen (15) days of the receipt of a report of a Qualifying Sewer Later Service Call for an address in the City, the Public Utilities Director or designee shall provide written notice to the property address that a sewer lateral inspection is required. The mailing of the notice is the event giving rise to the obligation to conduct an inspection and test of the sewer lateral. 5. The Public Utilities Director shall coordinate with the Finance Director to monitor whether businesses that provide septic and sewer line cleaning, plumbing and similar services which have been issued a City business license are filing reports as required by this subsection. February 6, 2008 B. Testing Procedure 1. Testing shall be completed within the time periods specified in the fourth column in the five column chart contained in Section 3799.8. 2. Testing shall be performed by a licensed plumber, contractor, or other person who possesses any license required by law, if any, to perform the test, and who is determined by the Director of Public Utilities to be qualified to perform the test based on training and experience. 3. Permits and Inspection. Testing shall not commence without a valid permit issued by the City and testing may be witnessed by the Director of Ukiah Public Utilities or his/her designee. 4. Access. Access to the sewer lines to be tested and condilions necessary to conduct the test shall be made ready prior to scheduling a sewer lateral test. C. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair andlor replace any sewer lateral which has been found through testing andlor inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. D. The property owner must complete the required repair or replacement of the sewer later and the sewer lateral must pass a retest within the time specified in the fifth column in the table contained in Section 3799.8. This deadline may be extended by the Public Utilities Director for good cause, not to exceed 90 days. If repair is not completed within the required time period, the Ciry may complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than five (5) years. E. Certificate of Sewer Lateral Compliance Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities and the Director of Planning and Community Development, and to the extent authorized by law, the Mendocino County Recorder. F. Role of the Director of Planning and Community Development The Director of Planning and Community Development and the Director of Ukiah Public Utilities, in consultation with each other, are hereby authorized to take the actions necessary to implement this section through the building permit process and to integrate its implementation with the requirements of the Plumbing Code as adopted in the City. § 3799.5 REQUIREMENTS FOR SEWER LATERALS UPON REHABILITATION OR REPLACEMENT OF THE PUBLIC SEWER MAIN OR UPON DETERMINATION OF THE DIRECTOR OF UKIAH PUBLIC UTILITIES. A. Testing Procedure: Testing may be performed in accordance with the requirements of section 3799.4 or, if authorized by City Council resolution, testing may be performed by the City in conjunction with its rehabilitation or replacement work. Upon completion of the February 6, 2008 testing, the Director of Ukiah Public Utilities of his/her designee shall issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair B. Failure of Test and Requirement for Repair: It shall be the responsibility of the property owner to repair and/or replace any sewer lateral which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. Upon completion of the repair and/or replacement of the sewer lateral, re- inspections shall be conducted until the sewer lateral passes the required test. 1. All repair or replacement work shall be completed by a person properly licensed to perform the work, including licensed plumber and/or contractor and shall be completed under all appropriate permits from the City including, as appropriate, building and encroachment permits. 2. All repairs must be completed within time specif+ed in the fifth column of the table in Section 3799.8, unless, far good cause shown, an extension is granted by the Director of Ukiah Public Utilities, not to exceed 90 days 3. If repair is not completed within the required time period, the City may complete the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than five (5) years. 4. The City Council may, by Resolution, prescribe alternative procedures, by which the repair or replacement work shall be performed including, but not limited to, the degree to which the City shall offer to perform all or a portion of the work or contribute towards the cost of the work, using loans or grants. C. Certificate of Sewer Lateral Compliance Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development and to the extent authorized by law, the Mendocino County Recorder. 3799.6 CERTIFICATE OF SEWER LATERAL COMPLIANCE WITHOUT INSPECTION. A Property Owner may apply for and the Director of Ukiah Public Utilities of his/her designee may issue a Certificate of Sewer Lateral Compliance without inspection under the following circumstances: 1. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the building on the property is ten (10) years ofd or less; or 2. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the sewer lateral was repaired or replaced and passed inspection within the previous ten (10) years; or 3. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public Utilities, that the lateral has passed an inspection within the past five (5) years. February 6, 2008 In such cases, the Director of Ukiah Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and Community Development. 3799.7 FEES The City Council may establish fees by Resolution for administration of this Article. 3799.8 SEWER LATERAL INSPECTION AND TESTING PROGRAM, EVENTS AND TIME FRAMES TO COMPLETE WORK ON SEWER LATERAL TIME FRAMES TO PERFORM WORK ON SEWER LATERAL EVENT Clean & Video Water Test ir Re l ce R p epa or a Ins ect P When Complete Inspection indicates Within 30 days of Qualifying Sewer Lateral At time of service damage, Within 7 days of Failed Water Test Service Call displacement, or Service Call or Notice with Max of 90 day deflection of lateral Extension for Cause Inspection indicates Within 30 days of Within 7 days of damage, Within 7 days of Failed Water Test Sanitary Sewer OverFlow Notice or At Time of displacement, or Service Call or Notice with Max of 90 day Service deflection of lateral Extension for Cause Remodels to Structure Being prior to Permit Final Prior to Permit Final Prior to Permit Final Prior to Permit Final Served of $10Dk or Greater Addition of 2 FU or Greater to Prior to Permit Final Prior to Permit Final Prior to Permit Final Prior to Permit Final Building or Site Plumbing Addition of Bedroom Prior to Permit Final Prior to Permit Final Prior to Permit Final Prior to Permit Final Change of Property Use: prior to Opening Prior to Opening Prior to Opening Prior to Opening Residential to Commercial and Under New Permitted Under New Permitted Under New Permitted Under New Non-Restaurant Commercial Use Use Use Permitted Use to Restaurant Commercial Within 30 days of Illegal Connection Within 7 days of Notice Within 7 days of Notice Within 7 days of Notice Failed Water Test with Maz of 90 day Extension for Cause Within 30 days of Prohibited Discharge Within 7 days of Notice Within 7 days of Notice yyithin 7 days of Notice failed Water Test with Max of 90 day Extension for Cause Rehabilitation or Replacement Within 1 year of Completion of Sewer Within 1 year of Completion of Sewer Within 1 year of Completion of Sewer within 2 years of of Sewer Main Main Work Main Work Main Work Failed Water Test Parcel Served Is within 100 within 1 Year of Within 1 Year of Within 1 Year of Within 2 years of feet of Creek which is Declared Impacted by Sewer Adoption of Adoption of Adoption of Resolution Failed Water Test Resolution (or Notice) Resolution (or Notice) (or Notice) System February 6, 2008 SECTION FOUR. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is far any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses or phrases be declared unconstitutional. SECTION FIVE. CEQA. This Ordinance is exempt from the California Environmental Quality Act under Public Resources Code Sections 21065 and 21080(b) (8). SECTION SIX. EFFECTIVE DATE. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. Introduced by title only on January 16, 2008, by the following roll call vote: AYES: Crane, McCowen, Thomas NOES: Baldwin ABSENT: Rodin ABSTAIN: Adopted on , 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Linda Brown, City Clerk February 6, 2008 ITEM NO: lOb MEETING DATE: 2/06/08 AGENDA SUMMARY REPORT SUBJECT: POSSIBLE ADOPTION OF A RESOLUTION OF UKIAH CITY COUNCIL ADOPTING THE SEWER LATERAL REPLACEMENT/REPAIR GRANT PROGRAM AND THE GRANT PROGRAM GUIDELINES AND ESTABLISHING THE MAXIMUM GRANT AMOUNT SUMMARY: Submitted for the City Council's consideration and adoption is a Resolution that would, if adopted, establish a Sewer Lateral Replacement/Repair Grant Program, approve the Grant Program Guidelines as presented, and establish a maximum grant amount of $2,000.00 for each qualified defective sewer lateral. The Program Guidelines have been reviewed and approved by the Sewer Lateral Ad Hoc Committee and the Committee recommends that the City Council adopt the Resolution if the Ordinance establishing the Alternative Sewer Lateral Inspection, Testing, and Repair Program is adopted. (Continued on oaoe 2) RECOMMENDED ACTION: Adopt the Resolution as attached which would establish the Sewer Lateral Replacement/Repair Grant Program, approve the Grant Program Guidelines, and establish a Maximum Grant Amount of $2,000.00 for each qualified defective sewer lateral. ALTERNATIVE COUNCIL OPTIONS: Revise provisions within the Grant Program Guidelines, revise the Resolution or not adopt the attached Resolution and provide further direction to staff. FUNDING: The proposed Grant Program would be funded from allocations or set asides within Budget Account 614.3510.810.004. The amount of the allocation for the Grant Program will be made by the City Council on an annual basis. It is recommended that the funding level for the Grant program for FY 07/08 be established after Staff has presented the Proposed Sewer Main Rehabilitation Project for 07/08. Citizens Advised: N/A Requested by: Sewer Lateral Ad Hoc Committee Prepared by: Rick Kennedy, Interim Water/Sewer Director Coordinated with: Pat Thompson, Interim City Manager Attachments: 1. Draft Resolution of the Ukiah City Council Adopting the Sewer Lateral Replacement /Repair Grant Program and Grant Program Guidelines and establishing the Maximum Grant Amount. 2. Proposed Sewer Lateral Replacement/Repair Grant Program Guidelines 3. Program Expenditure Annual Allowance for 07/08 FY for the Sewer Main and Lateral Rehabilitation Program .. Approved: ~~ ~ _. lc<~-2y~-_.. Pat Thompson, Interi City Manager DISCUSSION The Grant Guidelines were presented to and discussed by the City Council and the Board Directors at the Joint City/District meeting of January 16, 2008. The discussion below has been taken from the previous staff report: In recognition that the reduction of infiltration and inflow (I/I) into the sewer laterals reduces the I/I within the sewer mains, the Sewer Lateral Ad Hoc Committee is recommending that a Grant Program for Sewer Lateral Replacement or Repair be adopted to help defray costs incurred by property owners who must repair their sewer lateral as a result of the lateral not passing the CCTV inspection, the exfiltration test and/or other sewer lateral performance standards adopted by the City and District and that funds for the Grant be allocated from the funds set aside for the reduction of I/I in Fund 614. Because funds for I/I reduction are limited, it is recommended that the Grant Program not be available for discretionary repairs or replacements of sewer laterals or for new construction utilizing the existing sewer lateral. Attachment 2 is the proposed Grant Program Guidelines and the major high points of the Grant Program are: The City and District reserve the right to suspend or terminate the Grant Program at any time for any reason and they will suspend the program if program funds are exhausted. The City and District reserve the right to substitute the Grant Program with a Public Works Project for street lateral rehabilitation or any other cost participating project related to the repair or replacement of the sewer lateral in whole or in part. • The maximum grant amount per lateral will be established by resolution of the governing body. • Only repairs meeting the standards fora 25 year Sewer Lateral Certificate of Compliance will be eligible for a grant. • Grant applications may be submitted prior to or after making the repairs or replacements. • If the grant application is approved, a grant not exceeding 50% of the eligible costs of repair or replacement not exceeding the maximum grant amount will be made to the property owner or their agent. • Grant funds not exceeding the maximum grant amounts shall be set aside by the City or District and reserved for the property that become eligible as a result of the rehabilitation or replacement of the sewer main for a one year period. The funds set aside for the grant payments will become part of the budget for the contemplated sewer main project and a major portion of the balance of I/I funds remaining would be available for the other triggering events. For each fiscal year, the governing body will establish the Grant Program funding level based on what is needed for the contemplated Public Work Project. Attachment 3 is an example of how the grant funds for the sewer main rehabilitation or replacement trigger would be reserved for the pending project for Washington Street within the District. For this Fiscal Year Program, the Committee is considering a recommendation to the District that 10% of the I/I budget be reserved for District wide triggered events excluding sewer main rehabilitation. The 10% set aside represents about 50% of the anticipated balance remaining after I/I funds have been reserved for the contemplated sewer main rehabilitation project. Given the substantial expense that may be incurred by the property in the repair or replacement of the sewer lateral, the Committee recommends that the maximum grant amount be set at two thousand ($2,000.00) dollars. Staff continues to search for financial assistance programs offered in the private or public sector that are available to property owners who need additional financial assistance in the repair or replacement of their sewer lateral and who meet certain low income eligibility requirements ATTACHMENT I DRAFT RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE SEWER LATERAL REPLACEMENT/REPAIR GRANT PROGRAM AND THE GRANT PROGRAM GUIDELINES ATTACHED HERETO AS EXHIBIT "A" AND ESTABLISHING THE MAXIMUM GRANT AMOUNT WHEREAS: 7. The City of Ukiah (City) owns, operates and maintains a wastewater collection system within its limits; and 2. The City contracts with the Ukiah Valley Sanitation District (District) to operate and maintain the District's wastewater collection system and to treat the District's wastewater at the City's wastewater treatment plant; and 3. In 2006 the City issued revenue bonds to finance the upgrade and expansion of the wastewater treatment plant to serve the City and the District; and 4. In November 2005, the City and the District jointly conducted a rate hearing in accordance with Cal. Constitution, Article XIII.D.6 through which they revised and raised their monthly rates for sewer service to, among other things, finance the upgrade portion of the wastewater treatment plant project and to set aside funds in the sewer system budget to reduce infiltration and inflow into the combined wastewater collection system serving the District and the City; and 5. The City is required to operate and maintain its sewer collection system in a manner that will reasonably eliminate preventable sanitary sewer overflows (SSOs) as mandated by the State Water Resources Control Board with the issuance of Order No. 2006-0003-DWO; and 6. Infiltration of groundwater and the inflow of surface storm water (I/I) into the sewer collection system can surcharge the collection system and thereby cause SSOs; and 7. The City has entered into a Consent Decree with Northern California River Watch requiring the City to implement a Sewer Lateral Testing, Inspection and Repair Program (the Program) whereby sewer laterals are inspected and tested and, if necessary, repaired or replaced to reduce infiltration of groundwater; and 8. The City has implemented a Sewer Lateral Testing, Inspection, and Repair Program meeting the requirements set forth in the Stipulation and Order Modifying Consent Decree approved by the United States District Court, Northern District of California, on December 19, 2007; and 9. The City and District have received the Kennedy Engineer's Report Amended May 1978 which reported that rehabilitation of public sewers did not result in a substantial reduction of infiltration unless a program for sewer lateral rehabilitation was implemented in conjunction with the sewer main rehabilitation program because sewer rehabilitation work increases the DRAFT groundwater table in the vicinity of the rehabilitated sewer mains thereby causing increased infiltration into the sewer laterals: and 10. The City Council has determined that the reduction of I/I into the sewer lateral which extends from the building served by the sewer lateral to the public sewer main directly contributes to the reduction of I/I within the public sewer collection system; and 11. The City Council has determined that the successful implementation of the Program will be substantially aided by using a portion of the funds set aside during the November 2005 rate hearing to fund a portion of the repair or replacement of sewer laterals as well as the rehabilitation of sewer mains in order to reduce the financial burden on private property owners and to increase voluntary compliance with the Program. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Ukiah City Council does adopt the Sewer Lateral Replacement/Repair Grant Program as the program is described in the guidelines attached hereto as Exhibit "A" and does establish a "Maximum Grant Amount" of $2,000.00 PASSED AND ADOPTED this AYES: NOES: PRESENT: ABSTAIN: day of , 2008, by the following roll call vote: Douglas F. Crane, Mayor ATTEST: Linda Brown, City Clerk ATTACHMENT vZ EXHIBIT "A" TO RESOLUTION 2008- CITY OF UKIAH AND UKIAH VALLEY SANITATION DISTRICT SEWER LATERAL REPLACEMENT/REPAIR GRANT PROGRAM GUIDELINES This Sewer Lateral ReplacemenURepair Grant Program (Grant Program) is offered to eligible owners of property located within the City of Ukiah (City) or the Ukiah Valley Sanitation District (District) to help defray the cost of replacing or repairing a qualified defective sewer lateral. Sewer lateral repairs must meet the standards established fora 25 year Sewer Lateral Certificate of Compliance to be eligible for a grant. The City and the District reserve the right to suspend or terminate the Grant Program at any time for any reason and they will suspend or terminate the program if program funds are exhausted. The City and District reserve the right to substitute the Grant Program with a Public Work Project for street lateral rehabilitation consisting of the relining of the street lateral or utilizing other approved trenchless technology and construction of a two way sewer lateral cleanout within the public right of way or any other Cost Participating Project related to the repair or replacement of the sewer lateral in whole or in part. A determination to substitute the Grant Program with a Public Work Project or Cost Participation Project will be made on a project by project basis associated with the rehabilitation of the sewer main and such decision will be made by the governing body of the City or District. DEFINITIONS As used in this Grant Program, the following words and phrases shall have the following definitions, which need not be capitalized, when used in these Guidelines: A. "Application" shall mean and refer to a form and process that an eligible property owner must complete and follow in order to qualify for a grant under the Grant Program. All applications will be prioritized by the City or District and reviewed for approval. B. "Building Drain" shall mean and refer to that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building or structure and conveys it to the building sewer which begins two feet outside the exterior building wall. C. "Building Sewer" shall mean and refer to that that portion of the sewer lateral which extends from two feet from outside the exterior building wall to the property line. D. "Building Wall" shall mean and refer to a component part of a structure built, erected, framed and designed for the housing, shelter, enclosure or support of persons, animals, or property of any kind. E. "Closed Circuit TV Inspection" or "CCTV Inspection" shall mean and refer to a process whereby a camera is placed into and run through the inside of a sewer lateral or public sewer main for the purpose of visually detecting leaks or other defects and the inspection is recorded on DVD or videotape or other approved recording medium all in accordance with the standards and specifications adopted by the City and District. EXHIBIT "A" TO RESOLUTION 2008- F. "Defective Sewer Lateral, Defective Building Lateral or Defective Street Lateral" shall mean and refer to any sewer lateral, building lateral, or street lateral that fails the exfiltration test or that at the sole discretion of the City or District unacceptable pipe defects are noted as a result of the CCN Inspection. G. "Eligible Costs" shall mean and refer to qualified expenditures made by the property owner as a result of replacing or repairing a qualified defective sewer lateral that can be reimbursed to the property owner under the Grant Program up to the maximum reimbursement amount allowed. H. "Eligible Property Owner" shall mean and refer to any Property Owner legally connected to the City or District public sewer main by a defective sewer lateral and who is not discharging prohibited liquids and substances into the sewer lateral and illegal connections to the sewer lateral do not exist. I. "Exfiltration Test" shall mean and refer to the static water test that is to be performed on a sewer lateral in accordance with the procedures and standards established by the City and District to determine if the lateral is defective. J. "Grant" shall mean and refer to an amount of money that may be reimbursed by the City or District to an Eligible property Owner or his/her agent or designee and is less than or equal to 50% (fifty percent) of the Eligible Costs. The Grant amount shall not exceed the Maximum Grant Amount. K. "Maximum Grant Amount" shall mean and refer to the maximum reimbursement that will be made by the City or District for each qualifying defective sewer lateral and this maximum reimbursement shall be set by Resolution of the Governing Body. L. "Grant Funds" shall mean and refer to a portion of those funds designated for Inflow/Infiltration reduction within Budget Account 614.3510.810.004 for the City and Budget Account 614.3510.811.004 for the District. The amount of Grant Funds shall be determined by the City or District on an annual basis. M. "Public Sewer Main" shall mean and refer to the sewers owned or maintained by the City or District lying within the limits of public streets, roads, easements, reserves, non-exclusive easements or other rights of way serving or intended to serve two or more separate properties or parcels. The street lateral is not a Public Sewer Main, however, the street lateral wye connection to the sewer main shall be considered as a component of the Public Sewer Main. Any sewer lateral connection that is made to sewer main without the use of a fitting such as a wye or saddle is not a component of the Public Sewer Main. N. "Qualified Defective Sewer Lateral" shall mean and refer to a sewer lateral that has been inspected and tested as a result of the occurrence of an event or trigger that requires the inspection and testing of the sewer lateral pursuant to the Sewer Lateral Inspection and Testing Ordinances adopted by the City or District and the sewer lateral has failed the exfiltration test or the City or District has determined as a result of the CCTV Inspection that the condition of the sewer lateral is not acceptable. A Qualified Defective Sewer lateral does not include a sewer lateral which has been tested and inspected at the discretion of the property owner or his/her agent or designee. EXHIBIT "A" TO RESOLUTION 2008- O. "Qualified Expenditure" or "Qualified Expense" shall mean and refer to a monetary expense for labor, materials, and equipment incurred by the property owner as a result of making permitted repairs or replacements to a qualified defective sewer lateral subsequent to receiving an approved permit to perform a sewer lateral inspection and test. A qualified expense includes the expenditures for the necessary excavation and backfill or the operations necessary for a trenchless technology related to the repair or replacement of a qualified defective sewer lateral including the reasonable restoration of improvements and landscape to a condition that existed just prior to the performance of the excavation work. A Qualified Expenditure does not include costs incurred by the property owner for permit and inspection fees and for services related to the inspection and testing of the sewer lateral. If the repair or replacement of the building sewer lateral is made by the property owner, as opposed to the employees or contractors of the property owner, a labor cost allowance will not be considered as a Qualified Expenditure. P. "Reasonable Replacement" shall mean and refer to the in-kind replacement of overlying improvements and landscaping directly above the repaired or replaced qualified defective sewer lateral and it shall exclude any upgrade in any replaced improvement or landscape or the replacement of improvements and landscaping that were removed at the discretion of the property owner or their agent. Q. "Sewer Lateral Repair(s)" shall mean and refer to repair methods made to the sewer lateral that meet the standards established by the City or District for obtaining a 25 year Sewer Lateral Certificate of Compliance. R. "Street Lateral" shall mean and refer to that portion of the sewer lateral which extends from the property line to the Public Sewer Main. GUIDELINES FOR GRANTS TO ELIGIBLE PROPERTY OWNERS 1. The Grant Program is available only to Eligible Property Owners who are required to repair or replace a qualified defective sewer lateral because of the occurrence of an event or trigger which requires the inspection and testing of the sewer lateral in accordance with the City's or District's Sewer Lateral Inspection and Testing Ordinance. The maximum Grant Amount for the repair or replacement of each qualified defective sewer lateral shall be set by Resolution. Because Grant Funds are limited, the Grant Program is not available to Property Owners who repair or replace their sewer lateral at their own discretion or to Property Owners who construct new structures on vacant parcels or who redevelop previously developed parcels and utilize the existing sewer lateral(s). 2. To become eligible to receive a Grant, an Eligible Property Owner must first submit a completed Grant Application along with evidence that the sewer lateral is a qualified defective sewer lateral. The Grant Application may either be submitted prior to the start or after the completion of the sewer lateral repair or replacement work. In either case, the sewer lateral repair or replacement work must be performed under a permit issued by the City or the District. a. If the Grant Application is submitted prior to the start of the repair or replacement of a qualified defective sewer lateral, the Eligible Property Owner shall obtain at least one bid or cost quotation for the repair or replacement work. All bids or cost quotations shall be obtained from contractors licensed with the State of California to perform work on private EXHIBIT "A" TO RESOLUTION 2008- sewer laterals. In the case of repairs to the sewer lateral, the scope of work contained in the bid or quote shall be sufficient to ensure that the repair work, once completed and tested, will meet the standards established fora 25 year Sewer Lateral Certificate of Compliance. All bids shall be submitted with the Grant Application to the City or District for review and confirmation of Eligible Costs. After the Grant Application has been approved by the City or the District and the sewer lateral repair or replacement work is completed within 60 days from the approval date of the Grant Application and the repaired or replaced sewer lateral passes the Exfiltration Test, payment of the approved eligible costs up to the maximum amount allowed for the grant is guaranteed. Payment of the Grant amount will be made to the Eligible Property Owner after the permit is finalized and within the City's and District's normal time frame for processing warrants. Should the sewer lateral repair or replacement work not be completed within the time frame stipulated on the approved Grant Application, the application will be processed as if the sewer lateral repair or replacement work had been completed prior to receiving an approved Grant Application. b. If the Grant Application is submitted subsequent to the completion of the sewer lateral repair or replacement work, the Eligible Property Owner shall submit with the Grant Application copies of all invoices from the licensed contractor who performed the work or, if the work was self performed by the Eligible Property Owner, copies of the material and equipment payment receipts. After receipt of a complete Grant Application, the City or District will determine which costs are Eligible Costs and any cost(s) which appear to be unreasonable for the type of work performed will be subject to revision to be considered Eligible Costs. If sufficient funds are available within the Grant Fund and the repaired or replaced sewer lateral has passed the Exfiltration Test and the Permit finalized, the Grant Application will be approved. Payment of the Grant amount will be made to the Eligible Property Owner within the City's and District's normal time frame for processing warrants. The submittal date of a complete Grant Application will determine its order to be considered for any available grant funding. c. If an Eligible Property owner elects to self perform the repair or replacement of a qualified defective sewer lateral, the Grant Application process must follow the process described in sub-paragraph b, above. Unless the Eligible Property Owner is a licensed Contractor with the State of California and is qualified to perform work on a private sewer lateral, the Eligible Property Owner cannot self perform work on the street lateral. d. Grant funds not exceeding the maximum Grant Amounts shall be set aside by the City or District and reserved for Property Owners who become Eligible as a result of the rehabilitation or replacement of the sewer main for one year commencing with the date of the Notice of Completion of the sewer main work. After the one year period, the approval of the Grant Application will be subject to available funds and processed as indicated in either sub-paragraphs a or b, above. 3. Only the following shall constitute evidence that a sewer lateral is a qualified defective sewer lateral: a. A CCTV inspection and an Exfiltration Test were performed as required by the City's or District's Sewer Lateral Inspection and Testing Ordinance, and b. The CCTV inspection indicates that the sewer lateral is a defective sewer lateral. The following shall constitute a defective sewer lateral. EXHIBIT "A" TO RESOLUTION 2008- i. Either any one of the following three conditions of the sewer lateral: a) The pipe section has been altered as a result of a partial or complete pipe collapse and flow blockages have or can occur as a result of the altered pipe section; b) A severe belly or sump within the sewer lateral causes the settlement of solids thereby increasing the risk of flow blockages; c) An offset in a pipe joint which can restrict the flow of solids and cause flow blockages; or ii. The sewer lateral fails the Exfiltration Test. 4. Subsequent to the finalization of the Permit for sewer lateral repair or replacement, a Sewer Lateral Certificate of Compliance shall be issued by the City or District in accordance with the City's or District's Sewer Lateral Inspection and Testing Ordinances. A sewer lateral will not be eligible for another Grant until the Certificate of Compliance for that lateral has expired. 5. Prior to performing any work within the public right of way, an encroachment permit must be obtained from the agency having jurisdiction. 6. The following types of repair or replacements are reimbursable under the Grant Program: a. Open trench repair of the sewer lateral. b. Either partial or complete open trench replacement of the sewer lateral. c. Trenchless technologies such as pipe bursting and pipe relining. Pipe relining may be partial or for the entire length of the sewer lateral. d. Other method which is approved by the City or District prior to implementation. 7. The expenditures for the following type of work items related to the repair or replacement of the sewer lateral are to be considered qualifying expenditures: a. Contractor's mobilization and demobilization. b. Sawcutting of asphalt and Portland cement concrete and other hard surfaces to be removed to gain access to the sewer lateral. c. Traffic control related to the repair or replacement of the street lateral. d. Removal and replacement of public improvements over the street lateral. e. Reasonable removal and replacement of private improvements such as landscape, concrete, brick, or stone walkways and landscape irrigation. f. Removing and resetting portable landscape features such as small fountains and statues. g. Removing and resetting brick or concrete block planters and walls directly over the sewer lateral. h. Sewer lateral pipe materials including fittings and gaskets or glue. i. Excavation and backfill for open trench repair or replacement or for access pits needed for pipe bursting. j. All equipment used to excavate, backfill, pipe burst or reline the sewer lateral. k. Cleanup, hauling, and disposal of excavated materials including landfill or transfer station disposal fees. EXHIBIT "A" TO RESOLUTION 2008- 8. The expenditures for the following type of items related to the repair or replacement of the sewer lateral are not to be considered qualifying expenditures: a. CCTV inspections and Exfiltration Tests. b. Fees for permits and inspections. c. Installation of a sewer lateral cleanout needed to perform the CCN inspection or to comply with the Plumbing Code. d. Tree and/or stump removal. e. Removal, replacement, or repair of in ground ponds or pools. f. Obtaining estimates, bids, or quotes. g. Acquisition of tools to perform the work. h. Labor allowances and vehicle fuel, depreciation, mileage allowance, maintenance and all other vehicle expenses incurred in the course of material, equipment, and tool acquisitions and debris hauling and disposal when the work is self performed by the Eligible Property Owner. 9. In the event that there is an unresolved dispute between City or District Staff and the Grant Applicant regarding a determination made by staff, the following dispute resolution procedure shall be followed: a. In the City, the Grant Applicant must first file a written request for resolution of the dispute to the Public Utilities Director. If a satisfactory resolution is not achieved within 15 calendar days, the Grant Applicant may file a claim with the City Clerk and the claim will be submitted to the City Council for resolution at the next regular City Council meeting occurring not less than 10 days following the filing of the claim with the City Clerk. The City Council shall provide an opportunity at the meeting for the Grant Applicant to make a presentation in support of his or her claim. It shall allow an opportunity for staff to present its position and shall hear from any other interested parties. The City Council shall have the final decision in the resolution of the dispute. b. In the District, the Grant Applicant must first file a written request for resolution of the dispute to the District Manager or to the CEO or his designee if a District Manager has not been appointed. If a satisfactory resolution is not achieved within 15 calendar days, the Grant Applicant may submit a request to the CEO or his designee that the written dispute be placed on the agenda for the next District Board meeting. The District Board shall provide an opportunity at the meeting for the Grant Applicant to make a presentation in support of his or her claim. It shall allow an opportunity for staff to present its position and shall hear from any other interested parties. The District Board shall have the final decision in the resolution of the dispute. ATTACHMENT •~ SEWER MAIN AND LATERAL REHABILITATION PROGRAM PROGRAM EXPENDITURE ANNUAL ALLOWANCE for 07/08 FY Available Program Funding for 07/08: $850,000 Total Available by Amount Amount Available to Cate or Available to City District Line Replacement $290,600.00 $154,018.00 $136,582.00 Main Replacement $310,778.00 $164,712.00 $146,066.00 Inflow/Infiltration $248,622.00 $131,770.00 $116,852.00 TOTALS $850,000.00 $450,500.00 $399,500.00 Probable Costs for Pending District Project, Washington St from Helen to State Item Quantity Unit Unit Cost Total Item Cost % of Annual Allowance Reline 6" Cla Main 411 LF $40 $16,440 Reline 6" AC Main 690 LF $40 $27,600 Reline 8" Cla Line 1245 LF $45 $56,025 Treat Manholes 14 EA $5,000 $70,000 Clean and Trim Main Lump Su LS $20,000 $20,000 Mobilization Lump Su LS $10,000 $10,000 Subtotal $200,065 50.08% Testin Pro ram $40,000 10.01% Lateral Contribution 36 EA $2,000 $72,000 18.02% Total Pro ect Cost $312,065 78.11 Annual Allowance $399,500 Balance Remaining $87,435 10% District wide allowance for lateral repair $39,950.00 (20 laterals) Project Length is 0.44 miles which represents 0.9% of total District Main (.44/48.9) Mendocino Medical Marijuana Advisory Board February 6, 2008 To the Ukiah City Counil: Mendocino County voters will have a clear choice at the polling place in June: Do we want a 6 Plant /half pound Mendo County medical marijuana limit? Or do we want to keep the existing 25 plant limit? No one here tonight doubts that there are serious problems associated with pot growing in Mendocino County. There is where the unanimity ends. There is a broad spectrum of opinion on exactly what the problems are as well as how to address them. The Measure G repeaters are part of that spectrum, a contentious fraction who do not wish to work with others in order to find solutions, preferring a neo-prohibitionist ballot Measure as the "first step" in their as yet unrevealed plan. The Mendocino Medical Marijuana Advisory Board, formed in April, 2006, is a county- wide coalition which was formed, in part, to bring together people of differing points of view in order to try to find common ground integrating all the related health and safety issues under California law. MMMAB takes the occasion of this meeting to publicly invite the Yes on B Coalition to co-sponsor a Voter Information Forum, to be held here at the Ukiah City Council Chambers, with the purpose of both organizations' representatives helping inform voters on this issue of critical interest to Mendocino County voters. Tonight, the Ukiah City Council is being lobbied to promote the agenda of a partisan special interest group. The Repeal Measure G advocates want you to provide them with an endorsement of their ballot measure through a Council Resolution. They are essentially lobbying the City Council to tell voters how their ballot should be cast on election day. For the Council to do so would be waaaay over the line. Voters, as a Legislative body, have a legal authority higher than that of City Councils or County Boards of Supervisors. In instances of legislative conflict, a voter initiative trumps measures enacted by elected legislators. Whether or not voters of Mendocino County want a 6 plant /half pound medical marijuana limit is a choice to be made by the Legislative body of Voters, not through illegitimate influence of the Ukiah City Council acting on the behalf of the partisan sponsors of this ballot measure. Measure G repeaters seem to want to influence votes by any available means. What we see here tonight is a clear example of that. Their Low Road campaign is, once again, attempting to get a springboard effect through enlisting the connivance of the Ukiah City Council who, under the color of authority, are expected to try to turn out the vote for their side of this issue. Is the Ukiah City Council really so contemptuous of the voters as to tell us how we ought to vote? ITEM NO. lOc DATE: February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND DIRECTION REGARDING POSSIBLE SUPPORT FOR MEASURE B Background: On January 4, 2008 the City Council voted unanimously to request that the Board of Supervisors place a measure on the ballot for the repeal of Measure G and the adoption of the minimum state limits for medical marijuana. The letter of support is included as Attachment 1. On January 8 the Board of Supervisors voted to place a measure on the June 3, 2008 ballot for the repeal of Measure G and the adoption of the minimum state limits. The resolution for the election and the initiative to be voted on are included as Attachments 2 and 3. The item to be voted on at the June 3 election has been designated Measure B. Measure B, if adopted, will repeal Measure G and adopt the minimum state limits for medical marijuana. Senate Bill 420 provides that a qualified patient or primary caregiver may possess 6 mature marijuana plants and 8 ounces of dried marijuana. Further, if a patient has a recommendation from a physician for a greater amount, then the patient may have an amount consistent with the physician's recommendation. Councilmember McCowen has requested that this item be placed on the agenda for discussion to decide if the Council wishes to take a position in support of passage of Measure B on the June 3, 2008 ballot. RECOMMENDED ACTION: Discuss and decide if the Council wishes to take a position in support of Measure B on the June 3, 2008 ballot. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Councilmember McCowen Prepared by: Linda Brown, City Clerk Coordinated with: Pat Thompson, Interim City Manager, Councilmember McCowen Attachments: 1. Letter to the Board of Supervisors urging repeal of Measure G and adoption of minimum state limits 2. Resolution calling for an election on the possible repeal of Measure G 3. Text of the measure to be voted on at the June 3, 2008 election APPROVED: ~~~~ at Thompson, Interim City Manager Attuc;l7ment # January 7, 2008 Honorable Board of Supervisors Mendocino County 501 Low Gap Road Ukiah, CA 95482 RE: Repeal Of Measure G And Adoption Of The-State Limits For Medical Marijuana Honorable Chair Wattenburger and Members of the Boazd: The Ukiah City Council, at a Special Meeting held January 4, voted unanimously (5-0) to support a ballot measure for the repeal of Measure G and adoption of the state guidelines for the cultivation and possession of medical mazijuana. The Council also unanimously supports final adoption of the ordinance introduced December 11, 2007 which prohibits the cultivation of more than 25 plants per parcel. Senate Bi11420 contains guidelines which provide ample protection for the rights of medical marijuana patients and cazegivers. If the threshold amounts are not sufficient for the needs of a patient, then the patient may have an amount consistent with the recommendation of their physician. Medical mazijuana patients do not need an artificially high plant count; they only need a recommendation from their physician. Measure G, despite claims about its original intent, has been used to defend commercial growing operations, including the growing of hundreds of plants by a single "caregiver." The concentration of commercial growers in Mendocino County has resulted in well documented and widespread abuses. These abuses constitute an ongoing and increasing threat to the environment and to the health, safety and welfare of the citizens of Mendocino County. Measure G, however well intentioned it may have been at the time it passed, has made the marijuana problem in our County worse. We believe the repeal of Measure G will restore some sanity and balance to a situation that is clearly out of control. Opponents of Measure G claim that a groundswell of public opinion favors repeal, while proponents maintain that it retains widespread support. The only way to resolve these conflicting claims is to put the issue on the ballot and let the voters decide. Therefore, the iJkiah City Council encourages you to place a measure on the June ballot for the repeal of Measure G and the adoption of the state limits. S cerely, -~--° ~_ Douglas F. Crane Mayor, City of Ukiah 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Faxtt 707/463-6204 Web Addresa' www.ciNOfiikiahrnm Att~c;i ~ment # 2 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MENDOCINO, STATE OF CALIFORNIA CALLING FOR AN ELECTION TO PRESENT TO THE VOTERS OF THE COUNTY A PROPOSED ORDINANCE TITLED "THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS" AND ORDERING CONSOLIDATION OF SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION CALLED FOR JUNE 3, 2008 WHEREAS, Elections Code section 9140 authorizes the Board of Supervisors to submit to the voters, without a petition, an ordinance for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding, regular or special election and, receiving the majority of votes cast, the ordinance shall be repealed amended, or enacted accordingly and, WHEREAS, on January 8, 2008, the Board of Supervisors of Mendocino County considered and voted by a majority vote to submit to the voters the Ordinance entitled "The Repeal Of Mendocino County Code Chapter 9.36 Cannabis Personal Use Ordinance For Mendocino County, And New Guidelines For Maintenance And Possession Of Medical Marijuana" NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby declare and order the proposed Ordinance, attached hereto as exhibit "A", to be submitted to a vote of the qualified electors of Mendocino County on the June 3, 2008 election in the following manner: 1. There shall be included on the ballot to be marked by all Mendocino County voters, in addition to any other matters required by law, a ballot measure in substantially the following form: Shall the ordinance titled "The Repeal Of (Measure G) Mendocino County Code Chapter YES 9.36 Cannabis Personal Use Ordinance For Mendocino County, And Adoption Of New Guidelines For Maintenance And Possession NO Of Medical Marijuana That Do Not Exceed The Minimum State Limits" be approved? A (+) placed in the voting square after "YES" shall be counted in favor of the adoption of the proposed ordinance. A (+) placed in the voting square after "NO" shall be counted against the adoption of the proposed ordinance. 2. The ballot to be used at the election shall be, both as to form and matter contained therein, such as may be required by law. 3. The County Clerk is hereby authorized, instructed, and directed to provide and furnish any and all official ballots, notices, printed matter, and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct this election. 4. The County Clerk is further directed to take the necessary and appropriate action to provide the election officers, polling places, and voting precincts. 5. In accordance with Elections Code section 9160, the elections official shall transmit a copy of the measure to the County Auditor and County Counsel. 6. In accordance with the provisions of the Elections Code of the State of California, the County Counsel is directed to prepare an impartial analysis of the measure. 7. The polls for this election shall be open during the hours required by law and this election, with respect to the foregoing ballot measure, shall be held and conducted as provided by law for the holding of County initiative elections. 8. Notice of the time and place of holding this election together with any other notices required by law shall be given by the County Clerk. 9. Arguments for and against the measure may be submitted in conformity with Elections Code section 9161, et seq. BE IT FURTHER RESOLVED that the Board calls an election of the measure described herein and orders the election to be consolidated with the statewide primary election called for June 3, 2008. The foregoing Resolution introduced by Supervisor ,seconded by Supervisor and carried this ,day of , 2008, by the following vote: AYES: NOES: ABSENT: WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED. JIM WATTENBURGER. Chair ATTEST: KRISTI FURMAN Clerk of the Board Attuc;l-~ment # 3 The People of the County of Mendocino ordain as follows: "THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS Section 1 Purpose. The purpose of this ordinance is to eliminate the abuses created by the increased and uncontrolled production of recreational and medical marijuana while protecting the rights of legitimate medical marijuana patients and primary caregivers. It does so by repealing Measure G and establishing guidelines for possession of medical marijuana for medical purposes that are consistent with state law. Section 2 Findings. 1. On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 known as Proposition 215, which permits seriously ill residents of the state, who have a doctor's recommendation, to use or possess marijuana for medical purposes without fear of criminal liability. Proposition 215 is codified in Health and Safety Code section 11362.5. 2. On November 7, 2000, the voters of Mendocino County approved an initiative known as Measure G (administratively codified as Mendocino County Code Chapter 9.36), the stated purpose of which was to establish a maximum limit of plants and weight for cultivation and possession of marijuana for personal medical and recreational use in Mendocino County, and prohibit the expenditure of public funds for enforcement of marijuana laws against cultivators and users in possession of quantities below that limit, which was identified by the Measure as twenty-five (25) adult flowering female marijuana plants or the equivalent in dried marijuana. 3. On October 12, 2003, the Governor of the State of California signed SB 420. Codified in sections 11362.7 through 11362.83 of the Health and Safety Code, SB 420 was adopted to address implementation of Proposition 215 and to facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals. 4. SB 420 establishes minimum guidelines for the maintenance and possession of medical marijuana. Health and Safety Code section 11362.77(a)-(f) provides that a qualified patient or primary caregiver may possess no more than eight (8) ounces of dried marijuana per qualified patient and that a qualified patient or primary caregiver may also maintain no more than six (6) mature or twelve (12) immature plants per qualified patient. If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualifed patient's needs, the qualified patient or primary caregiver may possess an amount that is consistent with the qualified patient's needs. 5. Health and Safety Code section 11362.77(c) allows counties and cities to retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits. 6. On August 7, 2007, the Board of Supervisors, in accordance with Health and Safety Code section 11362.77(c) and recognizing the stated purpose of Measure G as it related to medical use only, adopted a policy, which allowed qualified patients or primary caregivers to maintain twenty-five (25) plants and to possess no more than two (2) pounds dried marijuana per qualified patient. The effect of Measure G has been to increase public safety issues surrounding the uncontrolled production of marijuana either for medical or recreational use, and has jeopardized the health, safety and welfare of the people of Mendocino County. Section 3 Repeal Of Mendocino County Code Chapter 9.36. Mendocino County Code Chapter 9.36, Cannabis Personal Use Ordinance for Mendocino County, is hereby repealed. Section 4 Limits For Possession Of Marijuana For Medical Purposes. A qualified patient or primary caregiver may possess or maintain for medical purposes only those amounts as set forth in Health and Safety Code section 11362.77 and as amended by State or Federal legislation. Section 5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MENDOCINO, STATE OF CALIFORNIA CALLING FOR AN ELECTION TO PRESENT TO THE VOTERS OF THE COUNTY A PROPOSED ORDINANCE TITLED "THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS" AND ORDERING CONSOLIDATION OF SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION CALLED FOR JUNE 3, 2008 WHEREAS, Elections Code section 9140 authorizes the Board of Supervisors to submit to the voters, without a petition, an ordinance for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding, regular or special election and, receiving the majority of votes cast, the ordinance shall be repealed amended, or enacted accordingly and, WHEREAS, on January 8, 2008, the Board of Supervisors of Mendocino County considered and voted by a majority vote to submit to the voters the Ordinance entitled "The Repeal Of Mendocino County Code Chapter 9.36 Cannabis Personal Use Ordinance For Mendocino County, And New Guidelines For Maintenance And Possession Of Medical Marijuana"; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby declare and order the proposed Ordinance, attached hereto as exhibit "A", to be submitted to a vote of the qualified electors of Mendocino County on the June 3, 2008 election in the following manner: 1. There shall be included on the ballot to be marked by all Mendocino County voters, in addition to any other matters required by law, a ballot measure in substantially the following form: Shall the ordinance titled "The Repeal Of (Measure G) Mendocino County Code Chapter YES 9.36 Cannabis Personal Use Ordinance For Mendocino County, And Adoption Of New Guidelines For Maintenance And Possession NO Of Medical Marijuana That Do Not Exceed The Minimum State Limits" be approved? A (+) placed in the voting square after "YES" shall be counted in favor of the adoption of the proposed ordinance. A (+) placed in the voting square after "NO" shall be counted against the adoption of the proposed ordinance. 2. The ballot to be used at the election shall be, both as to form and matter contained therein, such as may be required by law. 3. The County Clerk is hereby authorized, instructed, and directed to provide and furnish any and all official ballots, notices, printed matter, and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct this election. 4. The County Clerk is further directed to take the necessary and appropriate action to provide the election officers, polling places, and voting precincts. 5. In accordance with Elections Code section 9160, the elections official shall transmit a copy of the measure to the County Auditor and County Counsel. 6. In accordance with the provisions of the Elections Code of the State of California, the County Counsel is directed to prepare an impartial analysis of the measure. 7. The polls for this election shall be open during the hours required by law and this election, with respect to the foregoing ballot measure, shall be held and conducted as provided by law for the holding of County initiative elections. 8. Notice of the time and place of holding this election together with any other notices required by law shall be given by the County Clerk. 9. Arguments for and against the measure may be submitted in conformity with Elections Code section 9161, et seq. BE IT FURTHER RESOLVED that the Board calls an election of the measure described herein and orders the election to be consolidated with the statewide primary election called for June 3, 2008. The foregoing Resolution introduced by Supervisor ,seconded by Supervisor and carried this ,day of , 2008, by the following vote: AYES: NOES: ABSENT: WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED. JIM WATTENBURGER, Chair ATTEST: KRISTI FORMAN Clerk of the Board 1 }e,rn ~ V b V ~A~' A a_. .,; •. L/ r ....+r .~ X h aA¥ ~~ ;._. -~~ ~ r i i is ~ ~ ~_ ~ 4~ 3' ~~ -.a+ 4 '~ wM,~ ~' F~ yY f: E ••f M 5 X 1~ 4 ~ _ 14 ~ ~ ~ "I ~ „ ve ~ ~S 3 g lF F _ . u - x~ . " °~ . ~' y ea ~ ~~ 3~ , ? a NYSE ~ - s ~ ~i .a . T:~,p` ~ ~ ~'z~ ~~~ ~ ~:. 1 ~ fM ~ ~ 4 ' . „i ' t ~ '? P* ~ ~ ~ ~ R ,ti ,~ _ ~5 ,: , '^~~ vt ~s ,,°: ~{ y fii. ~' '~ '~ o- ~ ~ Y g T Fi< a I ~ y V t "~ `. i ~ £ +F ~"~ u~ 3 ; r .+ '~~+ E ~~5~ ~ ~ $ ~ ~+* •~i .~ s K a~C re~ tt T4 F ~ ,. '. b ~ i d ~ ~, ~. $ ~s { "'~s' . § ~+ _ d A f~ ~~ ~ , 1111^^ II 'A * fi yj _. _ A fd : ..._ _ ~ » r J ~ =+ JDH SKATE BOARD PARK TITLE ~ ~~ N1~B~ib LEASED AREA ~ DESIGNED: T.E E sizE FSCM N0. DWC PATH & FlLE: REV . . A CHECKED: L.D. scALE ~"-gp' DATE 8/6/2004 SHEET 1 of 1 G1ge.. Se~a~. M1.__~___. ___.__~_ _ _. ..__.. _. _ _ • -• ^ •--u~=~~.~ vvwrw pork irnseq nren.gMp 8/6/2004 10~37~19 AM POT m x s v D C v x m fD m N ITEM NO. ioa DATE: February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT ADDENDUM TO THE LESLIE STREET GAS PLANT MITIGATION PROJECT WITH EBA ENGINEERING FOR ENVIRONMENTAL PROFESSIONAL CONSULTING SERVICES TO INCLUDE THE UKIAH SKATE PARK DEVELOPMENT PROJECT. The City of Ukiah is contracted with EBA Engineering for environmental services at the former City Gas Plant on Leslie Street. EBA has completed a significant portion of the contracted work to characterize the contamination at the site as required of the City by the North Coast Regional Water Quality Control Board (NCRWQCB). The most recent work plan submitted by EBA has been conditionally approved by NCRWQCB and will require the City to implement an off-site groundwater investigation and quarterly groundwater monitoring program. However, additional environmental issues related to the development of the Ukiah Skate Park Project should be addressed prior to seeking proposals to complete these services and other remediation actions. Continued on Page 2 RECOMMENDED ACTION: Approve contract addendum to the Leslie Street Gas Plant Mitigation Project with EBA Engineering for environmental professional consulting services to include the Ukiah Skate Park Development Project. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject the recommended action and remand to Staff with further direction. FUNDING: Amount Budgeted Account Number Additional Funds Requested $65,750 699.1201.032 N/A Citizen Advised: N/A Requested by: N/A Prepared by: Sage Sangiacomo, Director of Community & General Services Coordinated with: Pat Thompson, Interim City Manager Attachments: 1. EBA Addendum for Leslie Street Gas Plant Mitigation Project APPROVED: email ~~wyz¢~-z__. Pat Thompson, Interim City Manager Since the start of the environmental investigation at the Leslie Street Property, the Ukiah City Council has approved the development of the Ukiah Skate Park Project on the subject property along with a portion of NCRA's property to the east which is currently leased by the City. It has been recognized that the development of the Skate Park and related amenities may in part be a remedy to resolve some of the environmental issues. In an effort to move forward with the development of the park and mitigate the contamination, environmental services are necessary to provide the additional characterization needed to develop the design of the Ukiah Skate Park and formulate the best course of action for remediation. An addendum for environmental services that include the Skate Park Development is needed. Given the extensive work and analysis already completed forthe Leslie Street property and knowledge of the NCRA property, EBA is in the best position to continue this investigative and management work. The addendum from EBA is included as Attachment #1 for review and includes a summary of the history and provides a description of the proposed scope of work. The scope of work includes additional characterization, regulatory reporting, design/bid assistance, environmental management, and safety plan development. As noted in the document, the need for additional site characterization is dependent upon the proposed development of each of the parcels. In addition, it is important to realize that the process of site characterization is a process of discovery. Furthermore, the investigative and subsequent remedial action is overseen by NCRWQCB. The extent of the environmental services needed for the project will be dictated by the park design as well as the outcome from the characterization work and regulatory requirements. It is critical that the design of the park and environmental issues be addressed simultaneously and integrated in order to obtain the most cost effective outcome. Staff recommends approving an addendum for professional consulting with EBA for the identified environmental services described in the attached proposal. These services will be billed at time and material cost since identifying the full scope of these services is contingent upon design, extent of environmental issues, and regulatory requirements. If approved, expenses for these services will be charged to the Leslie Street Gas Plant Mitigation account which has a fund balance of $65,750. Remedial actions and additional groundwater investigation/monitoring will be solicited in a future RFP process. Staff will provide a status report upon final characterization priorto proceeding with the development of a work plan for remedial activities. Attachment#1 -EN(s/NEEH/N!i C/VIL 8 ENV/RONMENTiiL ENGINEERS January 31, 2008 Mr. Suge Sangiacomo Director of Community Services City oP Ukiah 300 Seminary Avenue Ukiah, California 95482 SUBJECT: ENVIRONMENTAL SERVICES PROPOSED CITY OF UKIAH SKATEBOARD PARK DEVELOPMENT UKIAH, CALIFORNIA EBA JOB NO: 03-1004 Dear Sage: The purpose of this letter is to provide a discussion of the anticipated environmental requirements for the development of the City of Ukiah Skateboard Park in Ukiah, California. As we had discussed in our recent meeting and subsequent conversations, it is our understanding that the proposed development of the project site property will include both the former Leslie Street Gas Works property located on Leslie Street, as well as a small portion of the northeastern corner of the former Union Pacific Railroad Yard. Both of these properties have ongoing environmental investigations related to the former uses of these properties. It should be noted that EBA Engineering, with approval from the City of Ukiah, has conducted several phases of investigation of the Leslie Street Gas Plant property. This work has consisted of the installation of soil borings and groundwater monitoring wells to define the lateral and vertical extent of impacts to soil and groundwater at the property from the historical site uses. There is a considerable body of information that has been produced to define the site. At this time there is pending investigative work that has been approved by the North Coast Regional Water Quality Control Board (NCRWQCB) for additional off-site investigation to the east of the project site property. There is also a requirement for ongoing yuarterly groundwater monitoring to complete the assessment work at the site and surrounding area. Due to the known environmental issues that remain at the both of these properties, initial planning and design requirements and subsequent construction for the proposed redevelopment of the site will all have to consider and plan for [he environmental issues related to the development of the properties. L:\prujecl\IIX4!\aN)J lcdlie Sweet\Curr\propusal skate pnrk upJniul.duc 825 Sonoma Avenue, Suite C Santa Rosa, California 95404 f707) 5440764 FAX I707~ 544-0866 Also in Southern California The following presents a brief history of each of the properties and proposes additional assessment that will facilitate the development of the project with respect to environmental issues and remediation requirements. HISTORY OF PROPERTIES To set a context for the following discussion, it is useful to briefly review the known environmental issues at each of the properties. Leslie Street Gas Works -Leslie Street The former Leslie Street Gas Works was operated as a coal gasification plant from the late 1800's to the mid 1930'x. The gasification process was a process that heated coal in a retort and extracted hydrocarbon gases. The process also produced many bi-products that include tar and other heavy hydrocarbons, polynuclear aromatic compounds (PNAs) and metals. Several phases of environmental investigation have been conducted at the site by the City of Ukiah from 2003 ro the present under oversight from [he NCRWQCB. This work has included the inxtallation of many soil borings for the purpose defining the lateral and vertical impacts to soil and groundwater There are currently five groundwater-monitoring wells located on the property for ongoing chazacterization and monitoring of groundwater. In general, the work conducted at the site to date has identified PNAs and elevated concentrations of metals in shallow soils to depths of ].5 to 5 feet below the ground surface (bgs). Several areas within the property were also identified as having impacts from petroleum hydrocarbons in the diesel and motor oil weight range. The heavier hydrocarbons were also found in soil at several areas of the property at greater depths, particularly on the eastern boundary of the property adjacent to Leslie Stree[. The soil impacts at the Leslie Street property have been generally defined; however additional groundwater investigation has been requested by the NCRWQCB. There is currently a Work Plan for off site investigation to the east of the property within the Leslie Street corridor that has been submitted to and approved by the NCRWQCB. It is anticipated that this work scope will complete the lateral and vertical definition of the property and allow for the preparation of a Corrective Action Plan and ultimately the remediation of the property. Union Pacific Railroad Depot The Union Pacific Railroad Depot complex is located on [he southern side of Perkins Street and directly adjacent to and west of the Leslie Street property. The complex was reportedly constructed around 1920 and included the depot, and water, fueling and maintenance facilities. Structures at the site included main rail tracks and spurs [hat included above ground fuel storage tanks, an oil pump house, a small asphalt plant and other structures. The site reportedly contained an underground fuel storage tank that was removed in 1995. In addition an aboveground tank platform was reported to have been located near the center of the site just south of Perkins Street. L:\projna\1004\IINN Leslie Sircm\Corz\pmpusel skme pork updated line Several phases of environmental investigations have been conducted at the site. The most recent investigation activities included sampling and analysis of soil and groundwater samples throughout the central portion of the site that extends approximately 1000 feet to the south of the Perkins Street as well as to the north for a distance of approximately 700 feet. Approximately _50 locations were sampled during Phase II assessment activities March 1999. Sampling and analysis indicated petroleum hydrocazbons consisting primarily of motor oil, metals and PNAs in shallow soil throughout the identified property. Several of the borings located within the proposed skateboard project footprint had significant concentrations of PNAs and petroleum hydrocarbons. The characterization work at the site was incomplete for full assessment of the property and additional work has been requested by the NCRWQCB. As of yet, no additional work has been conducted. ADDITIONAL STI'E CHARACTERIZATION The need for additional environmental site characterization is dependent upon the proposed developed for each of the parcels and it is important to realize [hat the process of site characterization is a process of discovery. As we had discussed in our recent meeting, [he environmental issues related to these sites permeates all levels of the proposed project from planning to final construction. Additional site characterization is the logical initial place to start the process as the results may dictate further action and/or design requirements as [he project design and layout are formulated. As such, enclosed you will find a cost proposal for the additional characterization of the portion of the former railroad property that is located within the footprint of the project site in Appendix A. The work scope includes installing up to 20 soil borings for the purpose of fully characterizing the in place soils and groundwater at [he site. This will allow for an assessment of areas of the property that may require remedial solutions such as excavation, segregation and disposal of disturbed soils at the time of the proposed development, as well as the ability to assess considerations for worker health and safety during construction, bid specifications and contractor requirements for additional environmental work and design considerations that may be required for the proposed development. The work will be conducted in accordance with a Work Plan for site chazacterization that will be submitted to the NCRWQCB. Site work will consist of obtaining soil and groundwater for chemical analysis by a Stale certified analytical laboratory. Soil samples will he collected from the shallow (0 ro 3' bgs), intermediate (3' to 8' bgs) and deeper (8' to IS bgs) zones. The shallow zones will concentrate on identifying impacts from PNAs, metals and petroleum hydrocarbons. The subsequent intermediate and deeper zone investigations will concentrate on identifying impacts from metals and petroleum hydrocarbons. This is primarily due to the fact that the PNAs were primarily due to surficial impacts and the known impacts from these compounds have been detected at depths generally less than two feet bgs. Also, PNAs are known to be relatively immobile in soil and have historically been detected in the surface soils of the project site properties. A Report of investigation will be submitted to the NCRWQCB following the conclusion of [he work. L:\projeci\IfNI4\I(Nhi lASlie Street\Corr\pmpasnl skate park updmcdtfrw ADDITIONAL SERVICES - DESIGN CONSIDERATIONS, SITE WORK & DOC[1MENTATION The design of the skateboard park may be influenced by the known environmental issues and outcome of the site characterization work scope. Project design and conceptual plans should be presented to the NCRWQCB prior to tinal design and contractor bidding. Given the known environmental issues of the site, it would be reasonable to expect that at a minimum a Soil and Groundwater Management Plan will he required for the site work. In the event that significant site impacts are encountered, soil excavation and disposal will likely need to be conducted prior to or as part of the development process. In the event that remedial activities are to occur as part of the site work, contractor bid specifications will need to be prepared to account for excavation, disposal, handling, sampling and oversight procedures of this work scope. In addition, site safety requirements will likely need to be prepared by qualitied professional [hat set forth the exposure limits, site safety requirements and recommendations for site safety monitoring. Certain portions of the site work will also likely need to be conducted by and overseen by environmental professionals with specific licenses and qualifications. This may include overseeing and directing the initial site grading and excavation work, segregation and disposal of impacted soil and performing site monitoring, confirmation soil sampling and documentation. ANTICIPATED COSTS The costs for the initial site characterization work scope are attached. Additional services required during the life of the project are difficult to determine with accuracy as the need for these items will really he dictated by the overall project scope and design as well as the outcome from the characterization work and regulatory requirements. Although the cost for these services are difficult to assess at this time and would really need to be formulated following the additional site characterization work. However, in general terms we would expect the following costs could be used for planning purposes: Design Assistance $5,000 Soil & Groundwater Management Plan $3,000 Site Safety Plan $3,000 Project Oversight & Documentation $10,000 Regulatory Reporting $5.000 Analytical Testing $5,000 L_\projea\IIXI4\7 (H14 Leslie .Streit\Corr\proposaLskam pork updarcd.doe I trust this provides the information that you require at this time. Please call me if you have any comments or questions. -Sincerely, EBA F.NGINEERIN6 _ ~~ bavia Noren, Manager Environmental Services Enclosure: Cost Estimate L:Aprojecl111M)4VI (A14 Leslie StreciACurr1pmpasal skmc park updaicdAce s 7 3 f. ~~ ~I 2 ^2 y) n n A ~ to 3 9 F _ o o P ~ ~ a i ~ o ~ > y - > _ - [_ D D - _ -_ - ~ C - - s 7 w o = d F > f o rt ~ y ~ ~ n v n v ; c a n = o ~ ti 3 ; v ~ n ° ~ ~ _ - . 3 ~ ~ ~ ' G = _ _ ~ 3 ~ ~ ~ n 3 d_ 3 n ~ c 3 ., _ _ _ _L' r c ' D o - ~ _ ~ o ~ o ' ° ~^ ' ~ n w ~ ~ 3 0 3 ~ o ° _ n . k _ _ _ ~ _ ~ - - a ~ c 6 1 G O 2 ~ ~. ~ ~ G .i L Y 6 P P P P O - C C Y - 4 L P Ur w w :A a w w~ ~ V U w N w w w /' 1M1 w N A N O U O U .O J J Y ~ - J l 4 P O O O p O I 1 f$ LS 0 ~ O H C P n ' s C t ~i~ O 'J B 8 p O p C p O O O p O s O '~ 1 p O IJi. O s r O p C p O p O p O ZS p C p O O p O u ~ ^ ~ p O p O O O O O O O w w w w ~ ~ ~ t '^ - w ~"' ~ b1 w w w w . w ' w v w w w w w w - Q E O O O O . O O b a P ~ ~ OO ~ O ~ O j O p f S O $ ~ ZS O G O p. O C O p P Yl ss p C p~ H H , H p p p p U p O O C O p p O pO O p O . H p O pC C p O p O p O u . O p O pO G pO O O ~ w ~.t H F Ui w O p~ O .~ ~ + ~ O w ~ w P _S ~ O O O O O ~ O G ~+ n ~ J F H - - F V w P p _ w 2 „ O n ~ o y 'D - ~ o ~ a ~ O S H 4 O Qu '~ o m f1 ~p nm_~ C~ y~ p O m °a w 2 rya w Z r N~~ R.~ v A ~ ~ ~ G O ~y ~'. "7 x.57 s A m ;i o O 0 ~. ~ 'm = m A ~t n' ITEM N0. l0e DATE: February 6. 2008 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF LETTER TO STATE WATER RESOURCES CONTROL BOARD REQUESTING ADDITIONAL TIME TO COMMENT ON IN-STREAM FLOW POLICY FOR NORTHERN CALIFORNIA RIVERS, INCLUDING PORTIONS OF THE RUSSIAN RIVER SUMMARY: On December 28, 2007, the State Water Resources Control Board ("SWRCB") issued a Notice of Availability of Documents and Opportunity for Public Comment on a proposed Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams, which requires public comments by no later than February 19, 2008, an approximately 45 day comment period. Water Code Section 1259.4, enacted by Assembly Bill 2121 (Stats. 2004, ch. 943, §3) requires the SWRCB to adopt principles and guidelines for maintaining instream flows in northern California coastal streams for purposes of water right administration. The draft policy was issued along with a document entitled "Substitute Environmental Document." SWRCB issued this substitute document under the authority of Public Resources Code §21080.5 which authorizes an agency to adopt a document in lieu of a negative declaration or environmental impact report ("EIR") under the California Environmental Quality Act ("CEQA"), when it is adopting a regulatory program to protect the environment and it evaluates the environmental impact of that program using methods which are similar to those used in an EIR. The draft policy and accompanying Substitute Environmental Document together with the appendices is well over 1000 pages. Continued on Page 2 RECOMMENDED ACTION: Authorize Mayor to send letter in form of Attachment 1. ALTERNATIVE COUNCIL POLICY OPTIONS: Decline to request time extension or revise letter as proposed in Attachmentl. Citizen Advised: Requested by: City Staff Prepared by: David J. Rapport, City Attorney Coordinated with: Ann Burck, Robert C. Wagner Attachments; Attachment 1-Draft letter from Mayor requesting time extension Pat Thompson, Interim City Manager May 2, 2007 Page 2 of 2 The policy applies to applications to appropriate water from surface streams and subterranean streams flowing in a definite channel in coastal streams from the Mattole River to San Francisco and coastal streams entering northern San Pablo Bay, and extends to five counties - Marin, Sonoma, and portions of Napa, Mendocino and Humboldt counties. It purports to establish principles and policies for maintaining instream flows for the protection of fish. It prescribes protective measures regarding season of diversion, minimum bypass flows, and maximum cumulative diversions. If adopted as proposed, the Policy will require extensive and costly studies to accompany water rights applications. It is not clear whether and how the draft policy will impact the City's pending applications to extend the term of its water rights permit or to change the place of use and points of diversion authorized in its permit. According to Robert C. Wagner, the City's consulting engineer on water rights issues, the Policy will potentially impact all the water diversions on tributaries to the Russian River, including existing water right permit holders to the extent that permittees are required to file petitions for change and time extensions. The Policy is intended to apply to surface diversions and diversions from subterranean streams (groundwater wells extracting water subject to SWRCB jurisdiction). It is possible that the Policy will not directly affect the City's pending petitions. However, certain provisions of the Policy related to methodology for determining water availability could possibly be imposed on any diverter. The implication of the Policy is that diversions that might affect the flow in the river could be restricted. Staff requires additional time to review the Policy in order to determine if the City is affected at all, and if so, under what circumstances. City staff is informed that the Mendocino County Water Agency and other interested agencies and parties in Mendocino County may be requesting an extension of the February 19, 2008, deadline for submitting public comments on the draft Policy and the Substitute Environmental Document. Staff has prepared a draft letter which requests a 90 day extension of the public comment period for the City Council to consider. 2 ATTCHMENT 1 [City Letterhead] February 6, 2008 Mr. Tam M. Doduc, Chair of the Board Dr. Gary Wolff, Vice Chair Mr. Arthur G. Baggett, Jr., Member Mr. Charles R. Hoppin, Member Ms. Frances Spivey-Weber, Member State Water Resources Control Board P.O. Box 2000 Sacramento, CA 95812-2000 Re: North Coast Instream Flow Policy Dear Chair Doduc and Members of the Board: Water Code Section 1259.4, added by Assembly Bill 2121, requires the State Water Resources Control Board to adopt principles and guidelines for maintaining instream flows in northern California coastal streams, including portions of the Russian River. The State Water Resources Control Board released the Draft Policy for Maintaining Instream Flows in Northern California Streams ("Policy") on December 28, 2007. The Policy was developed over, at least, the past two years and is based on programs the State Water Resources Control Board has been considering since, at least, 2002. The Instream Flow Policy and the California Environmental Quality Act ("CEQA") substitute environmental compliance document is a large and complicated scientific document that will require substantial time to review. The 45 day public comment period, which ends on February 19, 2008, does not allow sufficient time for the City of Ukiah staff and its consultants to properly evaluate the policy and provide input to the City Council in advance of submitting comments to the State Water Resources Control Board. The City requests that the State Water Resources Control Board extend its comment period by, at least, 90 days; a reasonable request considering the amount of time required for the Policy's development. We understand that there are many entities within Mendocino County and the Russian River watershed that will be affected. The City may wish to coordinate some of its review and comments with other public and private entities. The City also requests that the State Water Resources Control Board hold public workshops before and after the comment period in order to fully inform the public and local decision-makers about the implications of the Policy. Respecttully submitted on behalf of the City Council of Ukiah Douglas F. Crane, Mayor Cc: Honorable Patty Berg, Honorable Particia Wiggins ITEM NO: Ila MEETING DATE: February 6 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF THE CONCEPT OF THE CLOSEST RESOURCE RESPONSE BY THE UKIAH FIRE DEPARTMENT IN COORDINATION WITH THE UKIAH VALLEY FIRE DISTRICT AND CAL FIRE. Background In September of 2007 the Ukiah City Councit and the Ukiah Valley Fire District Board of Directors formally established the Fire Services Integration Ad Hoc Committee to analyze and make recommendations regarding the provision of fire and emergency medical services in the Greater Ukiah Area. As a provider of fire protection services within the planning area, Cal Fire, through their Ukiah Fire Station, has also been an active participant in committee discussions and has approved the planned use of their resources in the delivery of fire protection services. The committee has met since October of 2007 and has focused its initial efforts on steps that would provide the geatest immediate improvements to the level of service being provided. The final product of the Committee's effort will be documented in the Greater Ukiah Area Fire Services Delivery Plan. It is the intent of the Committee to develop a comprehensive set of recommendations regarding how fire protection services are delivered, however the current effort only reflects a plan for implementation of a closest resource response concept and those policies and practices that are most directly related to that concept. Among those are: joint training programs, standardized operating procedures, improvements that will expedite dispatch of resources across jurisdictional lines, and more efficient use of specialty apparatus. Continued on pope 2 RECOMMENDED ACTION: Approval of the concept of closest resource response and the associated policies and practices. ALTERNATIVE COUNCIL OPTIONS: Refer concept back to the Fire Ad Hoc Committee for further refinement. Citizens Advised: Requested by: Fire Services Integration Ad Hoc Committee Prepared by: Tony Clarabut, Fire Chief Coordinated with: Pat Thompson, City Manager Attachments: 1_-Fire Services Delivery Plan -Closest Resource Response Component Approved:-.: ~Gi.~ ~~~~~-tom fat Thompson, City Manager This component of the overall Plan supports the goal of the Committee in "...identifying and analyzing more efficient options for providing fire protection services to the citizens and visitors of the Greater Ukiah Valley Area. This effort, in addition to being the number one long term recommendation of the recently completed Fire Department Master Plan, is consistent with the City's General Plan Policy and the Ukiah Valley-Wide Task Force recommendations which generally address level-of-service improvements and efficiency in service delivery through greater cooperation and coordination between fire agencies. Discussion The concept of dispatching the closest resource provides for the planned response of the closest fire apparatus to a fire or EMS emergency regardless of jurisdiction, providing the quickest possible response. When applied, fire resources from Cal Fire and Ukiah Valley FD will be routinely responding into the City when they are able to arrive prior to the City resources. Conversely, there are areas of the Ukiah Valley FD, particularly those areas accessed off the east end of Perkins Street, where the City FD resources would respond as the closest resource. In some cases this will reduce response times by as much as 60 to 75%. Emergencies requiring additional apparatus would likely receive them from the jurisdictional agency. This concept does not change how ambulances are currently dispatched, either in the City of the Fire District. The City and the Fire District currently have an automatic aid agreement that provides for the immediate response of District and Cal Fire engines into the City and, the City engines into parts of the District for fire emergencies. Approval of this concept includes closest resource responses to all types of emergencies and has the potential of having City apparatus responding to a larger part of the District. Given that this is a significant departure from the way fire apparatus are currently dispatched to emergency incidents, before the actual specific details are developed the Committee wishes to bring the City Council up to date on its activities and seek Council's approval on the concept of the closest resource response. ATTACHMENT i CITY OF UKIAH/UKIAH VALLEY FIRE DISTRICT Greater Ukiah Area FIRE SERVICES DELIVERY PLAN Closest Resource Response Component JANUARY 2008 Revised Jan.23, 2008 Prepared by: The Greater Ukiah Area Fire Services Ad Hoc Committee Closest Resource Response Attach to ASR INTRODUCTION In the furtherance of the Number 1 long term recommendation found in the recent master plan prepared for the Ukiah City Fire Department which called for the re-establishment of a Ukiah Valley regional fire system, in September of 2007 the Ukiah City Council and the Ukiah Valley Fire District Board of Directors formally established the Fire Services Integration Ad Hoc Committee (Committee) to analyze and make recommendations regarding the provision of fire and emergency medical services in the Greater Ukiah Area (See Attached Map). As a provider of fire protection services within the planning area, Cal Fire, through their Ukiah Fire Station, has been an active participant in committee discussions and has approved the planned use of their resources in the delivery of fire protection services. The final product of the Committee's effort will be documented in the Greater Ukiah Area Fire Services Delivery Plan (Plan). While, over time, it is the intent of the Committee to develop a comprehensive set of recommendations regarding how emergency services are delivered, this document only reflects a plan for implementation of a closest resource response concept and those policies and practices that are most directly related to that concept. The Committee has chosen this approach as it believes the phasing of recommendations allows for the early implementation of those recommendations that will have the greatest immediate impact on improving the level of services provided to the public and the early implementation of closest resource response will provide those immediate benefits. This component of the overall Plan supports the goal of the Committee in "...identifying and analyzing more efficient options for providing fire protection services to the citizens and visitors of the Greater Ukiah Valley Area. And it should also be noted that this effort is consistent with ------------------ Closest Resource Response Attach to ASR the City's General Plan Policy and the Ukiah Valley-Wide Task Force recommendations which generally address level-of-service improvements and efficiency in service delivery through greater cooperation and coordination between fire agencies. GUIDING PRINCIPLES Principles guiding the development of the Closest Resource Response Plan and associated policies and practices are: Citizens suffering from a fire or medical emergency benefit greatly from the closest/quickest response from emergency service providers. 2. Any effort to implement a closest resource response must consider efficiency in dispatch and communication procedures 3. Proper management of emergency resources generally requires the ability to reposition uncommitted resources to provide optimal coverage of the plan area in the event other resources are committed to an incident for an extended period. 4. Operations on incidents are conducted with a higher degree of safety and greater efficiency when all individuals on-scene operate under the same or similar operational procedures and when they jointly train on those procedures. Assistance provided by one agency to another is intended to be reciprocal and any agreement that further enhances assistance to another shall not be overly burdensome to either agency, either financially or operationally. 6. The current provision of ambulance services within the Greater Ukiah Area through two providers (Ukiah Ambulance Service and Ukiah FD) is effective and should remain unchanged. ------------------ Closest Resource Response Attach to ASR DEFINITIONS Closest Resource Response. A formal agreement between two or more fire agencies that provides for the automatic dispatch of the closest appropriate emergency apparatus to an emergency incident regardless ofjurisdiction. RECOMMENDATIONS More efficient provision of fire protection and EMS services through this component of the Plan are accomplished by implementation of the following practices: 1. The City of Ukiah Fire Department and the Ukiah Valley Fire District shall respond the closest appropriate and available resource to an emergency incident regardless ofjurisdiction. 2. Within budget limitations implement dispatch practices that will minimize dispatch times when resources are being dispatched across jurisdictional boundaries. 3. Develop and adopt emergency on-scene practices that are standardized between agencies for greater safety and efficiency. 4. Reduce redundant efforts in firefighter training and increase familiarity between departments by conducting routinejoint training. 5. Reduce duplication of specialty apparatus and make remaining specialty apparatus available for response within the entire jurisdiction of both agencies. IMPLEMENTATION While certain specific recommendations of this plan if taken individually would not necessarily require approval of the respective governing bodies of each agency, the concept of a closest ------------------ Closest Resource Response Attach to ASR resource response and the associated significant sharing of resources and personnel warrant review and approval by the Ukiah City Council. Given that the Ukiah Valley Fire District Board of Directors has previously approved of the concept described in this document, approval is now only necessary from the Ukiah City Council, Once the overall concept of the closest resource response and associated policies and practices has been approved, the specific details of implementing the entire group of recommendations would be developed by the Committee. When complete these details will be documented in an Operational Memorandum of Understanding, and signed by the fire chiefs of both agencies. Once signed, implementation will begin immediately with complete implementation within three months. Closest Resource Response Attach to ASR Fire Agency Response Zones ;~_ h G`NOD - ~! Leke ManEPUrro I' N EMENW L 1 EI p. ~-~ IINI N. y ~ ~J ( W RAFELIOp ! 3= ~_ ~ ~ ~ HENSLEY CREEK RG. CDF h` °P ~l I DEERWOOp DR.E%T r ENO/F 1 ONITE TRUC p. \~/QF i O FPRINGSR Wllpry~ p __ Rp / o N NAME ~ N ME F _ p~ MEA LOVERS LN~ Y ryMP 1 /" 21 ELD RD M'~pGPD L UK D_ ~%q T FO ~ D 1. 6 r y AR p N ~ LOyy N T' h 9 \5 G9PR0 M GN i \ ~~~ RUSH ST 1 ICRV SPRINGSR _ -- C ~` lp~._ m \ `~~- C PoRp9. ~ GVPRE PV p L y C A ~ oP ! m \) VE. ~ m O D GlppppNd AVE. BINS BT. PE BEI ~ ~ W.eT irv p ocY~ O 'L Z ~ ~~ Y.C 1p0p NN ~ 'P Dlty Of y OB Ukiah ~ urvpnvls R. D m ° Gm x END LINO '"1 a O -~ N NE PV ~ ~ w ~~ AE J r r uc < m uE r_~'~ ~ o J ~~ n o _ 1 z -- ~ ~ H STING9 AVE \~ G -~ ~ C ~ hM1NAA S~ FVE~ 1 n 9 ~ NON E ~~~ -.~ mI TTLTGE TO:. N J W v ~ i I ~~ Z I~ 2~ I p A ~ L Z`~A P IA ~` 10 tO O ~~_ CT. y s WSAV I I m of j I Ukiah gall y ~~ o ~~- - ---~ V I ~ ~ Flre Distracts i `~~~ ~ _ * Fire Sla6ons 2,OL70 0 2,~~~ 4,00 v~'~ ~'~ ~ ~ ~ ~ Ukiah City Limits Feet ) R°uRBG \o©K N I ~ Ukiah V kleYder Split ~ • ,' a \_ M~ W B0._ ~, I _-_ ~ _-,.~ O Cp ~,~~ -. i ~ ~p II Ig - r DRAFT Map Produced by City of Ukiah GIS Department -January, 2008 PDF Crea[ed with deskPDF PDF Writer -Trial :: hlip://www.docudesk.com ITEM NO: lIb DATE: February 6. 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT WITH MEAD & HUNT FOR FORM BASED CODE AIRPORT B-2 COMPATIBILITY ZONE ANALYSIS AND BUDGET AMENDMENT SUMMARY: The adopted 2007-2008 budget contains $10,000 for contractual services to reexamine the Airport Master Plan B-2 Compatibility Zone north of the Airport in the Downtown/Perkins Street form based code planning area. The purpose of the reexamination is to determine if the maximum two-story development standard in this area could be modified to allow more than two stories without impacting the viability and integrity of the airport. A Request for Proposals was sent to five airport planning consulting firms and only one bid proposal was submitted. The proposal was received from Mead & Hunt of Santa Rosa, who indicated that they could perform the work for the budgeted amount, but that if they encountered issues/complications or if attendance at meetings was desired, additional funds would be necessary. They suggested anot-to- exceed budget of $15,000. This Agenda Item is seeking Council approval of a budget amendment to increase the funds available for this project from $10,000 to $15,000, and to approve the contract with Mead & Hunt. The additional $5,000 in funds is proposed to come from recent salary savings from the unfilled Associate Planner position. (continued on page 2) RECOMMENDED ACTION: 1) Approve Budget Amendment transferring $5,000 from fund 100.1501. 110 (Salaries, regular) to fund 100.1501.250 (Contractual Services); and 2) Approve the contract with Mead & Hunt. ALTERNATNE COUNCIL POLICY OPTION: Do not approve the budget amendment and award the contract for the currently budgeted $10,000. BUDGET TRANSFER: From Account: 100.1501.110 (Salaries, Regular) To Account: 100.1501.250 (Contractual Services) Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Pat Thompson, Interim City Manager, David Rapport, City Attorney Attachments: 1. Draft Contract APPROVED: ~-~GCi( ~-/ ud~~~'~'- Pat Thompson, Interim City Manager MEAD & HUNT, INC: Mead & Hunt, Inc. is an engineering and architectural firm with offices throughout the United States. One of the firms specialties is aviation planning and they have an office dedicated to this discipline in Santa Rosa. The two Senior Project Managers in this office were formally employees of Shutt Moen Associates, who prepared our Airport Master Plan in 1996. These two aviation specialists were the Principals who managed that project and are very familiar with our airport and community. CITY ATTORNEY REVIEW: The City Attorney has reviewed and approved the draft contract. ALTERNATIVE ACTION: Alternatively, the Council could decline to approve the budget amendment and award the contract for the budgeted $10,000. Staff could return at a later date if necessary to seek a budget amendment to provide funds for consultant meeting attendance and to cover the cost of resolving any unanticipated issues. However, Staff does anticipate having the consultants attend meetings. 2 ® CITY OF UKIAH AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES 0 ATTACHMENT~_ PREPARATION OF A REASSESSMENT AND MODIFICATION REPORT FOR THE B-2 AIRPORT COMPATIBILITY ZONE NORTH OF THE AIRPORT IN THE PROPOSED DOWNTOWN/PERKINS STREET CORRIDOR FORM BASED CODE PLANNING AREA This agreement shall be considered a contract, and is entered into this day of February, 2008, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and Mead & Hunt, Inc., a Corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Reassessment and Modification Report for the B-2 Airport Compatibility Zone north of the airport in the Downtown/Perkins Street Corridor Form Based Code Planning Area. The scope of work is more particularly described in the Exhibit "A", attached to this agreement. The Final Report prepared by the CONSULTANT shall be prepared in such form and with such content suitable and adequate the CITY to clearly understand its options in regard to proceeding with possible formal amendments to the Ukiah Municipal Airport Master Plan Report. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion the Reassessment and Modification Report forthe B-2 Airport CompatibilityZone north of the airport in the Downtown/Perkins Street Corridor Form Based Code Planning Area. This work has been determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional Airport Planning services as described in Exhibit "A," which consists of the scope of services, dated October 23. 2007, which is attached hereto as Exhibit "A" and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. 7.03 CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all information contained in the Reassessment and Modification Report for the B-2 Airport Compatibility Zone north of the airport in the Downtown/Perkins Street Corridor Form Based Code Planning Area shall be made and prepared in accordance with generally accepted professional practices. 1.04 CONSULTANT shall bear the cost of reproduction and postage for the Reassessment and Modification Report forthe B-2 Airport CompatibilityZone north of the airport in the Downtown/Perkins Street Corridor Form Based Code Planning Area. 1.05 CONSULTANT shall deliver two (2) copies of the Draft Reassessment and Modification Report for the 8-2 Airport Compatibility Zone north of the airport in the Downtown/Perkins Street Corridor Form Based Code PlanningArea within ten 10 weeks after contract execution and the issuance of the Notice to Proceed. The Final Report shall be submitted in hard-copy and in an electronic format approved by the CITY. 1.06 CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY 2.01 CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." 2.02 Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. ARTICLE III TERM OF AGREEMENT 3.01 The term of this agreement shall commence on the effective date and shall terminate when the CITY has formally accepted the final version of the Reassessment and Modification Report for the B-2 Airport Compatibility Zone north of the airport in the Downtown/Perkins Street Corridor Form Based Code Planning Area. This agreement may be extended on its same terms and conditions upon written agreement between the Planning Director and CONSULTANT. 3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." 3.03 All work by CONSULTANT shall be completed pursuant to Exhibit "A"and paragraph 1.05 above in a reasonable timeframe according to the established deadlines. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. 3.04 CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and consistent with sound professional practices. 3.05 If CITY requests significant modifications or changes in the scope of this project the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE IV COST OF SERVICES 4.01 CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed fifteen thousand dollars ($15,000.00). 4.02 Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibilityto provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $15,000.00. ARTICLE V PAYMENT FOR SERVICES 5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. 5.02 Payment scheduling: Total payment for the project shall not exceed $15,000.00. Fees for professional services as outlined herein shall be paid on a time and materials basis. A detailed explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. 5.03 Payment to CONSULTANT shall be based on an itemized invoice submitted by CONSULTANT not more frequently than monthly. The invoices shall detail the time expended by each employee of the CONSULTANT (date, hours worked, tasks performed), as well as all reimbursable expenses and total project costs shall not exceed$15,000.00. 5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from CONSULTANT. 5.05 If CITY substantially alters the scope of work to include additional analyses, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS 6.01 Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. 6.02 CONSULTANT must maintain accounting records and otherevidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafterforthree (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS 7.01 All documents and associated materials and backup data as required by this agreement shall be and shall remain the sole property of CITY. 7.02 CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work bynon-employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT 8.01 At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. 8.02 It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. 8.03 If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES 9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury is caused by the active and sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE 10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. ARTICLE XI GENERAL COMPLIANCE WITH LAWS 11.01 It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. 11.02 CONSULTANT shall secure a City of Ukiah Business License priorto commencing work. ARTICLE XIII 12.01 CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. 12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contact sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV INDEPENDENT CONSULTANT 13.01 The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to bean officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS 14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the otherparty to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. 14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. 6 14.03 In the case of death of one or more members of the firm of the CONSULTANT, the surviving memberor members shall complete the professional services covered by this agreement. ARTICLE XVI EXTENT OF AGREEMENT 15.01 This agreement shall consist of this agreement, the Scope of Services, dated October 23, 2007, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." 15.02 This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations oragreements are superseded by the terms of this agreement. ARTICLE XVII PARAGRAPH HEADINGS 16.01 The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVIII NOTICE 17.01 Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with properaddress and postage in the U.S. mail orwhen personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Director Planning and Community Development CONSULTANT/ CONTRACTOR: Mead & Hunt, Inc. 133 Aviation Blvd., Suite 100 Santa Rosa, California 95403 ATTN: Kenneth Brody, Senior Project Manager ARTICLE XIX DUPLICATE ORIGINALS 18.01 This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION 19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT'S performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Pat Thompson, Interim City Manager Date CONSULTANT/CONTRACTOR Ken Brody, Senior Project Manager IRS IDN Number Date Mead & Hunt, Inc. APPROVED AS TO FORM: David Rapport, City Attorney Date Exhibit "A" BID PROPOSAL Mead & Hunt October 23, 2007 Thank you for your interest in Mead & Hunt's assistance in modification of the airport compatibility criteria for your form-based zoning project. We would be happy to offer our services. The scope of work as you have outlined it seems fairly straightforward. Basically, we would evaluate your proposed zoning relative to the current airport land use compatibility criteria and seek to identify modifications to either or both that would enable the city to meet its development needs while still preserving land use compatibility with airport activity. We will write a brief report describing our analysis and recommendations. Also, if need be, we can meet with city staff, the Planning Commission, City Council, and/or the Mendocino County Airport Land Use Commission to discuss our report. We would prefer to work on a time and materials basis on this small project. In that manner, the city and M&H will have the flexibility to adjust the work effort in response to the needs of the project as they may evolve. Also, a time and materials billing will enable us to attend meetings to the extent desirable. We suggest that anot-to-exceed budget of fifteen thousand dollars ($15,000) beset for the project. If no complications arise during the work and we do not need to attend meetings to present our analysis, then much less than this amount would be required. A copy of the 2007 Mead & Hunt Standard Billing Rate Schedule is attached. Dave Dietr's and my time is billed at the Senior Project Planner level. We anticipate that other staff at lower rates will also work on the project. Please do not hesitate to get back in touch with me if you have any questions or need additional information. We look forward to working with you on this project. Ken Ken Brody Senior Airport Planner Mead & Hunt, Inc. 133 Aviation Blvd. Suite 100 Santa Rosa, CA 95403 707/526-5010 707/526-9721 fax www.meadhunt.com 9 CITY OF UKIAH Department of Planning & Community Development 300 Seminary Avenue, Ukiah, CA 95482 www.cityofukiah.com Modification of B-2 Airport Zone Regulations City of Ukiah Form-Based Zoning Project Purpose The City of Ukiah desires to refine the Ukiah Municipal Airport B-2 zone regulations within Ukiah Downtown/Perkins Street Corridor form-based zoning project area to facilitate a more compact urban form. Work will be on a time and materials basis, subject to a specified maximum. This project is not a comprehensive update of the airport plans. Scope of work Define and evaluate potential modifications to B-2 zone regulations within all or portions of the Ukiah Downtown/Perkins Street Corridor project area to accommodate increased commercial and residential intensity/density (such as mixed uses, first floor commercial/second or third story residential) and number of stories, consistent with state and federal law and the intent of locally adopted plans. The proposal should be crafted to avoid the creation of significant environmental impacts. The work may result in designation of an infill area per Mendocino County Airport Comprehensive Land Use Plan Policy 2.1.6(e). The draft form-based code sets forth the following general uses and criteria applicable to the T-4 and T-5 zones on the Regulating Plan map. See htto://fisherandhall.com/ukiah/plan.pdf (NOTE: The T-6 zone is not within the B-2 zone). Criteria T4 T5 T6 Airport B2 Zone eneral urban urban center urban core Lot covers a 70% 80% 90% < 70% Stories* 2-3 3-4 4 2 Uses* res, lodging, retail, res, lodging, res, lodging, multifamily-28 office, restaurant, retail, office, retail, office units per acre (infill theater restaurant, policy) theater Residential 10 units/acre 15 units/acre 25 units/acre Nonresidential: < density 90 people/ acre b ri ht Infill oli Other office and retail limited to first sto * Subject to Airport zone restrictions (B2 zone) 10 Summary of criteria in the B-2 compatibility zone north of Airport Maximum Infill policy applies (was any area designated as infi//per the inF// Densities and policies?) Open Land MF: on parcels > 4 acres retain 30% open area (may not be an issue due to 4 acre criteria) • Nonresidential: < 90 people/acre; routinely unoccupied 2nd story allowed • Existin hos ital or school: < 60 eo le/acre sin le sto Normally existing hospital or school: < 60 people/acre, single story acceptable /ow intensity retail and offices, restaurants, motels: < 90 uses people/acre; routine/y occupied portions of bui/dings /invited to 2 stories • on parcels > 4 acres retain 30% open area (may not be an issue due to 4 acre criteria) • address mixed use deve% ment Uses not Uses above exceeding specified criteria normally acce table Prohibited Schools, hospitals, day care, libraries, highly sensitive uses; large shopping uses centers uses attractin lar a concentrations of eo le City staff will compile/confirm information regarding airport operations as required by the consultant, prepare amendments in a form consistent with the adopted the Ukiah Municipal Airport Master Plan and Mendocino County Airport Comprehensive Land Use Plan, and prepare and process CEQA documents. 11 EXHIBIT "B" CITY OF UKIAH Consultant Services INSURANCE REQUIREMENTS Without limiting Consultant's obligations arising under Paragraph 9.01 of the Professional Service Contract ("Agreement's to which this Exhibit is attached, Consultant shall not begin work under the Agreement until it procures and maintains for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under the Agreement. A. Minimum Scooe of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 O1 11 85. 2. ISO Form No. CA 0001(Ed. 1/78) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. 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: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage. 12 3. Worker's Comoensation and Emolovers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles orself-insured 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. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coveraoes a. The City, it officers, officials, employees and volunteers 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 volunteers. 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. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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. Worker's Compensation and Emolovers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 13 All Coveraoes 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. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coveraoe 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 all 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. G. 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. 14 MEAD & HUNT, Inc. Standard Billing Rate Schedule Western United States Effective January 1, 2007 Standard Billing Rates Clerical .............................................................................................................................. ... $55.00 /hour Interior Designer, Technical Editor ................................................................................... ...$76.00 /hour Senior Editor ..................................................................................................................... .$120.00 /hour Registered Land Surveyor ................................................................................................ ... $95.00 /hour Accounting, Administrative Assistant ................................................................................ ...$74.00 /hour Technician I, Technical Writer .......................................................................................... ...$65.00 /hour Technician II, Surveyor- Instrument Person .................................................................... ...$80.00 /hour Technician III .................................................................................................................... ...$90.00 /hour Technician IV .................................................................................................................... .$100.00 /hour Senior Technician ............................................................................................................. . $135.00 /hour Engineer I, Scientist I, Architect I, Planner I ..................................................................... ... $95.00 /hour Engineer II, Scientist II, Architect II, Planner II ................................................................. .$105.00 /hour Engineer III ....................................................................................................................... . $120.00 /hour Senior Engineer, Senior Scientist, Senior Architect, Senior Planner, Senior Economist. ..$135.00 /hour Project Engineer, Project Scientist, Project Architect, Project Planner ............................ .$150.00 /hour Senior Project Engineer, Senior Project Scientist, Senior Project Architect, Senior Project Planner .......................................................... ............................................. $170.00 /hour Senior Associate ................................................................... .............................................$210.00 /hour Principal ................................................................................ ............................................. $220.00 /hour Senior Client/Project Manager .............................................. .............................................$220.00 /hour Expenses Geographic Information or GPS Systems ...........................................................................$32.00 /hour Total Station Survey Equipment .......................................................................................... $16.00 /hour Charges for other equipment may appear in a proposal Out-Of-Pocket Direct Job Expenses ...................................................................................cost plus 15% Such as reproductions, sub-consultants /contractors, etc. Travel Expense Company or Personal Car Mileage ....................................................................................... $0.65 /mile Air and Surtace Transportation ...........................................................................................cost plus 15% Lodging and Sustenance ....................................................................................................cost plus 15% Billing & Payment Travel time is charged for work required to be performed out-of-office. A minimum of two hours will be billed for any work out-of-office. Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of invoice. This schedule of billing rates is effective January 1, 2007, and will remain in effect until December 31, 2007, unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases. ITEM NO. lic DATE: February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF A LETTER OF SUPPORT FOR THE MENDOCINO COUNTY MUSEUM FOR STATE FUNDING FOR THE MENDOCINO COUNTY ARCHIVES PRESERVATION PROJECT The City of Ukiah has received a request from the Mendocino County Museum for a letter of support for State funding to assist with completing the County Museum's Archives Preservation Project. The request is included as Attachment #1 for review. In addition, a draft letter of support is included as Attachment #2. The item has been placed on the agenda to allow Council to consider the request and if desired approve a letter of support for the Mayor's signature. RECOMMENDED ACTION: Consider approving a letter of support for the Mendocino County Museum for State funding forthe Mendocino County Archives Preservation Project. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A FUNDING: Amount Budgeted Account Number Additional Funds Reouested N/A N/A N/A Citizen Advised: N/A Requested by: Herbert E. Pruett, Mendocino County Museum Director Prepared by: Sage Sangiacomo, Director of Community & General Services Coordinated with: Pat Thompson, Interim City Manager Attachments: 1. Request from the Mendocino County Museum 2. Draft Letter of Support '~ Pat hompson, Interim City Manager Attachment #1 Musrunl Sure HERHEHT E. PRUETr UIrCCIOI' ELAINE HAMDY Cummr NIHI:1 BDRGE55 AdminhTr'nrian EILEGN PMSITY Reception D12. RUSSELL BAHILEY Archivist SYLVIA BARTLLY Rrglsn'ar 8 L•dlmr Bongo ofTRUSreas MC Board of Supervisors MICHAEL DELBAR, I"District JAMES WATTF.NRURGER 2'" DISmICt JOHN PMCHE$. 3N District RENpALL SMITH, 4° DI511IC1 Da. Dnvm CoLrax, 5'" District Bonnn of ADVISORS JUDY PRUDEN, Ct1AIN 1nMES EDDIE BRENDA ORENSTEM JACHIE WGLLENDENG HEIDI KNGTr-GtMULING BRDC[BItUNELL REBECCn MONTLs Tnov Jnmas JIM HARDEN AL BarRnM4 RepAfC CE0 Mendocino County Museum 400 Easl Commercial Slre et, Willits, California 95490 707.459.2736 - Fex: 707.459.7836 www.co. mendocino.ca.us/museum ]anuary 16, 2008 CITY Of IJKIAIi l~' I Attn: Ms. Pat Thompson, Meneger 300 Seminary Ave. " Ukiah, California 95482 ._ '"~ R¢: L¢[lar of Support Request-Archival Funding Dear Ms. Thompson: The Mendocino County Museum Board of Advisors end I would greatly appreciate a letter of support support for an earmark request of $475 000 to preserve our archival materiels professionally, properly and for the use of future generations under guidelines established by the Lutirute ojMusemn d: LiArmy Sciences phfLS) and as funded by the LABOR, HEALTH & HUMAN SERVICES, EDUCATION APPROPRIATfONS BILL. The name of our prOJect is MENOOCINO COl1NfY ARCtxVES PRESERVA"f10N as briefly describ¢d below. Brief Description The Museum Department ofthe County of Mendocino, California is responsible for collemion, preservation, and making accessible in diverse ways, the photographs and documents of historic significance to local and regional heritage. While this responsibility is en ongoing effort, the difficulty of providing proper care, management and preservation is a serious threat to America's archival resources. An Artifact Storage Amtex was built at the museum in 2002, however a considerable amount ofwork is yet to be done to make the new space effective for archival storage. Specialized shelving, humidity/temperature control equipment, services of professional archivists, and staff training are necessary to make this history heritage resource available for public and private research, i.e. scholars, writers, historians, etc. Relative Points • Some local funding and in-kind services can be used for additional support oftlte project. • The Heritage E•urergeucy Nnrioaal L'nak Fm~ce is [he nation's leader in prompting preparedness and response to protect cuhural heritage from man made or natural disasters. • Tltis 3 a project of national signihcance. The Heritage Emergency Nnlioua/ Taa'k Force has determined that America's collections are a public trust at risk. More than 4.8 billion artifacts & archival resources are held in America's institutions, including: !.7 Lillian rare and nuique hooks', perialicaAs', mrd arrapbooks 700 rnil(ion pbu(ogrnpbs (and rnpid(y grarring) • Mendocino County Museum holds 22 important end significant archival collections, among them: o TLe lohu Hefter Calijornnf¢ mrrlAmerfcan {Vas! History Librarl~a collection ofover 400 volumes, some very rare and/or one-ofa-kind books on California and western history o Redwood Empire Assnciarinu (RRA) Archive-16 storage cartons awaiting archival services. The collection is related to building the Golden Cale Bridge and economic development in the Redwood Empire. o Ron(s of Motive Poweg hre Researeb Library-a specialized library of rare and one-of-a-kind books related to railroad end logging equipment used historically in north coastal California o /850 "Frolic'Shiprvreck- swell-preserved and rare underwater example of a famed BaNimore Clipper Ship that ran aground on the Mendocino Coast al the height of the Calijornia Gold Rusb with merchandise from Chine and first selvage by local Pomo Indians-a unique diversity of cultural interactions of the mid-19°i century. There are no known negative effects ofthis proposal. Cultural Heritage is not only nn enrichment oFAmerican life, but locally is an important factor in economic development. Researchers of all types need access to archival fdes for research on diverse projects from Environmental Impact Reports, to writing on history subjects. Please contact me at 707 459-7698 or etietthnco nendocino ca us if you would like mare detailed information on this project. We look forward to your support and thank you in advance (or your time. Sincerely i ~rr~ ~~ Herbert E. Pruett hlrndnciau Couury Museum Director Ce: Douglass Crane City of Wi11iLs City of Fort Bragg Lcgislstors & other Supporters Attachment #2 Draft Letter of Support February 6, 2008 Congressman Dave Obey, D-WI Room 2358-B Rayburn House Office Building Washington, DC 20515 Re: Letter of Support, Mendocino County Museum Archive Project Dear Congressman Obey and Committee Members: Archival materials held by the County of Mendocino-Museum Department, in Willits, California, are a significant "heritage and academic" resource, and fit the Public Trust at Risk description developed as a U.S. project of HERITAGE PRESERVATION and the INSTITUTE OF MUSEUM AND LIBRARY SERVICES. AfCI11Val holdingS In Museums and Libraries across the country are a valuable resource for historians, students, writers and the general public. A new facility for the storage of archival materials was constructed at the Museum in 2002, but collections need professional archivist care, proper storage facilities, electronic record-keeping/data storage and proper environmental controls in order to preserve and protect this archival material, and make it accessible to present and future generations. The Ukiah City Council supports the Museum administration's request for funding to complete this project and is convinced it meets the definition of "A Pueuc TRUST AT RisK" as described by the US Institute of Museum and Library Services in 2005. Sincerely, Douglas F. Crane Mayor ITEM NO: 11d MEETING DATE: February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION FOR THE INFORMATION TECHNOLOGY DEPARTMENT TO EXPAND THE CAPABILITIES OF THE CITY'S GEOGRAPHICAL INFORMATION SYSTEM (GIS) SUMMARY: For over a year now City Council and staff have expressed a desire to expand the use of mapping to satisfy the needs of both internal staff and the city's constituents. This process has started by the hiring of a full time GIS Coordinator, Bob Mandel last August. Since that time Bob has accomplished the relicensing of the City's existing mapping software and met with various members of city staff to determine the direction to lead the GIS effort. To meet the goals set by the information from City Council and staff it has been determined an upgrade of our current mapping software will need to occur. The features provided by the current mapping software provide the City with the ability to produce printed maps with overlays from individual computers resulting in multiple versions of maps being used. Continued on oaae 2 RECOMMENDED ACTION: AUTHORIZE THE INFORMATION TECHNOLOGY DEPARTMENT TO EXPAND THE CAPABILITIES OF THE CITY'S GIS SYSTEM AT A COST OF $33,768.55. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject recommendation and provide direction to staff. Citizens Advised: N/A Requested by: Steven Butler, Information Services Supervisor, Robert Mandel, GIS Coordinator Prepared by: Steven Butler, Information Services Supervisor Coordinated with: N/A Attachments: ESRI ELA Licensing Description Dell Computer Quote for ESRI Application Server Wikipedia Article: What is GIS? Approv ~ ~ ~~j~'ivr- Pat Thompson, City Manager This has lead to inconsistencies in data and affects the resulting maps. In addition our current system has very limited storage capacity. The new mapping software will enable our GIS department to provide centralized and standardized maps throughout the organization which can be easily accessed by staff and others through applications developed by the GIS Department. The intended uses of the maps include but are not limited to; mapping of assets, visual representation of statistical data, area based alerting, real time tracking of city equipment and incident management. All city departments will benefit from the features including but not limited to; Police, Fire, Planning, Public Works, Utility, Administration and Community Services. The city's ability to provide mapped information to the public would be enhanced. Staff requests authorization to purchase the mapping software upgrades for an amount of $33,768.55. The decision to sole source the purchase to ESRI for the mapping software is based on the decision to upgrade our current system rather than starting over. Costs to start with a new mapping software provider would be prohibitive in terms of costs and loss of functionality during a transition. Dell Computers was selected as the system provider to maintain compatibility with our existing network and infrastructure. Attachments show the costs are distributed accordingly; $25,000 annual renewal for ESRI Mapping software and licensing, $8130.44 to Dell Computers for the system hosting the software, an estimated $8.00 to ship the server from Dell and sales tax for the server of $630.11. Recurring costs of this proposal are $25,000 annual renewal for a term of three years for the mapping software use and support. This amount would replace the $8,144.97 the City currently has allocated to our existing mapping software renewals. The increased costs will provide the City with not only our current mapping software but additionally gives the city unlimited use of the software, the additional server software to provide the increased functionality listed above, vouchers to online training, Tier 1 (priority).product support and user conference passes. Given the need for the system upgrades to meet the goals of the newly created GIS mapping department IT staff recommends using $33,768.55 originally budgeted for the storage area network in the 699.1965.800.000 account and rescheduling the storage area network project for next fiscal year. Mapping system upgrade Page 2 of 2 02/06/2008 Small Government Enterprise Licensing Agreement Tier 1 - $50,000/Year Population 50,000 to 100,000 ` $10,000 Vinual Campus Credits ' 4 Complimentary User Conterence Passes 'I ' 4 Designated Technical Support callers Updated Jan 9, 2008 MJC Licenses included: ArcGIS desktop products -Arclnfo. ArcEditor, ArcView Tier 2 - $35,000/Year Population 25,000 to 50,000 " $7,500 Virtual Campus Credits ' 3 Complimentary User Conference Passes ' 3 Designated Technical Support callers Tier 3 - $25,000/Year Population <25,000 ' $5,000 Yrtual Campus Credits ' 2 Complimentary User Conference Passes ' 2 Designated Technical Support callers ArcGIS desktop extensions - 3D Analyst, Spatial Analyst, Geostatistical Analyst, ArcScan, Publisher, Maplex, Network Analyst, Schematics and Job Tracking Extension ArcGIS server-based products - ArcGIS Server (advanced, standard, basic /workgroup and enterprise) ArcIMS ArcGIS Server Extensions -3D Analyst, Network Analyst, Spatial Analyst ArcGIS Engine Runtime Deployment Also: '~ One ESRI Developer Network - 1 annual subscription to the ESRI Developer Network (EDN) Virtual Campus (web training) -varies by population option Instructor-led Training - 5% discount on all commercially provided coursers at ESRI facilities All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services listed above. The following key business terms and conditions will apply: • The licenses provided under this ELA will be valid for the three year term of the agreement. • If the organization wishes to acquire and/or maintain ESRI software during the term of the agreement that is not included in this proposal, they may do so separately from this ELA at ESRI pricing generally available for your organization for software and maintenance. • Software and services included in this proposal may only be deployed and used within the United States. • ESRI technology that may be embedded in third-party products that the organization licensed or may acquire is not included under this agreement. • The organization will establish a single point of contact for orders and deliveries, and will be responsible for redistribution to eligible users. • The first payment will be due within 30 days from the effective date. Second and third payments will be due within 30 days of the anniversary date of the contract. • The organization will establish a Tier 1 support center to feld calls from internal users of ESRI software. The organization may designate individuals who may directly contact ESRI for Tier 2 technical support. The number of designated individuals varies on the population option. • ESRI will deliver two boxes of media. • ESRI will provide up to ten hardware keys at no additional charge at your request. • The organization will provide an annual report of installed ESRI software to ESRI. • ESRI software updates that you are licensed to use will be shipped automatically as they become available. • The organization will act as an ESRI reference site and will permit ESRI to publicize their use of ESRI software and services. • The organization will receive complimentary annual registrations to the ESRI International User Conference. The number of registrations varies on the population option. • Subject to open records or public disclosure law, the details of this agreement will be confidential and may not be disclosed by the contracting parties. • ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. Attuul Iment # Z E-Quote number: 1004101621978 E-Quote name: GISUpg Description: GIS Server upgrade Saved By: Steven Butler Phone Number: (707) 463- 6209 sbutler@cityofukiah.com Purchasing Agent: Mary HOrger Saved On: Tuesday, December 18, 2007 NoteslComments: Expires On: Thursday, January 17, 2006 Additional Comments: f Description PowerEdge 1950 III -New! Date & Time: December 16,2007 11:30 AM CST • •~ PowerEdge 1950 III -New! Oty 1 Quad Core Intel® Xeon®X5460, 2x6M8 Cache, 3.16GHZ, Unit Price $7,455.44 1333MHz FSB, No Operating System Catalog Number: 84 W 1675_MLK Module Description Product Sku Id Code Quad Core Intel® PowerEdge 1950 Xeon®X5460, 2x6MB 195H31 [223-4541] 1 Cache, 3.16GHz, 1333MHz FS8 Operating System No O eratin S stem p g y NOOS [420-6320] 11 Additional Processors Sin le Processor onl g Y 1 P [311-1193] 2 Memory 8G6 667MHz (2x4G8), gG2D6D [311-6325] 3 Dual Ranked DIMMs TCP/IP Offload Broadcom TCP/IP Engine Offload Engine Not NTOEKEY [430-1748] 6 Enablement Enabled PCI Riser Riser with 2 PCIe Slots PCIE [320-4648] 7 Primary Hard 300GB 15K RPM Serial- Drive /attach SCSI 3Gbps 3.5- 300A15 [341-4424] 8 in HotPlug Hard Drive Primary SAS 6/iR Integrated SAS61 [341-5782] 9 Controller Controller Mouse No Mouse Option NOMSE [310-0024] 12 Dual Embedded Network Adapter Broadcom® NetXtreme OBNIC [430-1762] 13 II 5708 Gigabit Ethernet NIC Dell Remote Access Remote Card, 5th Generation for Management PowerEdge Remote DRAC5 [313-3936] Management 24X IDE CD-RW/DVD CD/DVD Drive ROM Drive for PowerEdge Servers, All CDRW DVD [313-3918] OS Bezel Rack Bezel RBEZEL [313-3937] Backplane 1x2 Backplane for 3.5- 1X2353 [311-7958] inch Hard Drives Electronic Documentation Documentation and EDOCS [310-7962] OpenManage CD Kit 300GB 15K RPM Serial- 2nd Hard Drive Attach SCSI 3Gbps 3.5- 300A15 [341-4424] in HotPlug Hard Drive Hard Drive Integrated SAS/BATA Configuration RAID 1, PERC 6/i 6SR1 [341-5776] Integrated/SAS6/iR Chassis Configuration No Rack Rails Included NORAIL 341-3089 [ ] 3Yr GOLD Hardware ENTERPRISE Support SUPPORT: 7x24 Services HW/SW,Escalation Mgmt,4hr 7x24 Onsite Installation Support No Installation Services Assessment Open Manage OpenManage Subscription Subscription (8 edition) Power Supply Non-Redundant Power Supply [310- 3785][960- 7442][960- GOLD4U 7862][970- 3530][984- 1519][984- 1528] NOINSTL [900-9997] OMSUB8 [902-9887] NRPS3 [310-9926] 14 16 17 18 21 23 27 28 29 32 34 36 .- Online Training--Plan, Implement, Maintain W 2003 Active DIR -1 year access Qty t Dell Part# A0633840 Unit Price $225.00 Manufacturer Part# N/A Dell Part# A0633840 Online Training--MSFT Implement and Manage Exchange 2003 - 1 year access Qty ~ Dell Part# A0633843 Unit Price $225.00 Manufacturer Part# N/A Dell Part# A0633843 Online Training--Manage MS Windows Server 2003 Qty ~ Environment - 1 year access Dell Part# A0633850 Unit Price $225.00 Manufacturer Part# N/A Dell Part# A0633850 Sub-total $8,130.44 Shipping & Handling 58.00 Total Price -- Thanks for shopping the Dell Online Store and for using our E-Quote service. We hope you find it useful in making your purchase and will continue to think of Dell.com for all of your computing needs. Sincerely, Dell Online Sales Geographic information system - W ikipedia, the free encyclopedia Page 1 of 21 Aflc,climent # ~ Geographic information system From Wikipedia, the free encyclopedia (Redirected from GIS) A geographic information system (GIS), also known as a geographical information system or geospatial information system, is a system for capturing, storing, analyzing and managing data and associated attributes which are spatially referenced to the Earth. In the strictest sense, it is an information system capable of integrating, storing, editing, analyzing, sharing, and displaying geographically-referenced information. In a more generic sense, GIS is a tool that allows users to create interactive queries (user created searches), analyze the spatial information, edit data, maps, and present the results of all these operations. Geographic information science is the science underlying the geographic concepts, applications and systems, taught in degree and GIS Certificate programs at many universities. Geographic information system technology can be used for scientific investigations, resource management, asset management, Environmental Impact Assessment, Urban planning, cartography, criminology, history, sales, marketing, and logistics. For example, GIS might allow emergency planners to easily calculate emergency response times in the event of a natural disaster, GIS might be used to find wetlands that need protection from pollution, or GIS can be used by a company to site a new business to take advantage of a previously underserved market. Contents 1 History of development 2 Techniques used in GIS ', ^ 2.1 Data creation ^ 2.2 Relating information from different sources ^ 2.3 Data representation ' ^ 2.3.1 Raster ' ^ 2.3.2 Vector ~ ^ 2.3.3 Advantages and disadvantages '~~ .2.3.4 Voxel ^ 2.3.5 Non-spatial data ^ 2.4 Data capture ^ 2.5 Raster-to-vector translation ^ 2.6 Projections, coordinate systems and registration ~ ^ 2.7 Spatial analysis with GIS ', ^ 2.7.1 Data modeling ~ ^ 2.7.2 Topological modeling ^ 2.7.3 Networks ^ 2.7.4 Cartographic modeling ^ 2.7.5 Map overlay ^ 2.7.6 Automated cartography ^ 2.7.7 Geostatistics ' ^ 2.7.8 Address Geocoding ^ 2.7.9 Reverse geocoding http://en.wikipedia.org/wiki/GIS 1/30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 2 of 21 ^ 2.8 Data output and cartography ^ 2.9 Graphic display techniques . 2.10 Spatial ETL 3 GIS sofware ^ 3.1 Background ^ 3.2 Data creation ^ 3.3 Geodatabases ^ 3.4 Management and analysis ^ 3.5 Statistical ^ 3.6 Readers ^ 3.7 Web API . 3.8 Mobile GIS ^ 3.9 Free and Open-source GIS software ^ 3.10 Vehicle navigation 4 The future of GIS ^ 4.1 Distributed GIS ^ 4.2 OGC standards ^ 4.3 Web mapping ^ 4.4 Global change and climate history program ^ 4.5 Adding the dimension of time ^ 4.6 Semantics and GIS ^ 5 GIS and Society ^ 6 See also ^ 7 References ^ 8 Further reading ^ 9 External links i History of development About 35,000 years ago, on the walls of caves near Lascaux, France, Cro-Magnon hunters drew pictures of the animals they hunted.ltl Associated with the animal drawings are track lines and tallies thought to depict migration routes. While simplistic in comparison to modern technologies, these early records mimic the two-element structure of modern geographic information systems, an image associated with attribute iriformation.hl Possibly the earliest use of the geographic method, in 1854 John Snow depicted a cholera outbreak in London using points to represent the locations of some individual cases.l31 His study of the distribution of cholera led to the source of the disease, a contaminated water pump within the heart of the cholera outbreak. While the basic elements of topology and theme existed previously in cartography, the John Snow map was unique, using cartographic methods not only to depict but also to analyze clusters of geographically dependent phenomena for the first time. The early 20th century saw the development of "photo lithography" where maps were separated into layers. Computer hardware development spurred by nuclear weapon research would lead to general puroose computer "mappin¢" applications by the early 1960s.141 http://en.wikipedia.org/wild/GIS 1 /30/2008 Geographic information system - W ikipedia, the free encyclopedia The year 1962 saw the development of the world's first true operational GIS in Ottawa, Ontario, Canada by the federal Department of Forestry and Rural Development. Developed by Dr. Roger Tomlinson, it was called the "Canada Geographic Information System" (CGIS) and was used to store, analyze, and manipulate data collected for the Canada Land Inventory (CL[~an initiative to determine the land capability for rural Canada by mapping information about soils, agriculture, recreation, wildlife, waterfowl, forestry, and land use at a scale of 1:50,000. A rating classification factor was also added to permit analysis. CGIS was the world's first "system" and was an improvement over "mapping" applications as it provided capabilities for overlay, measurement, and digitizing/scanning. It supported a national coordinate system that spanned the continent, coded lines as "arcs" having a true embedded topology, and it stored the attribute and locational information in ]L. _ ...i, ~: - ~ Page 3 of 21 - -;,,', `'". ~.,~ y t ,,.r,r_, .• ~ et ;nil ,.. 1,~ ` `lC 'dlr. ]~ TWA Y ~ ~~( .. ~ ~ Y \ • (, ~,: ~ . r ~ ~ • , ~~~ 1 '. r ` - , : ~, ` '`- , t-, ~_ ; E.W. Gilbert's version (1958) of John Snow's 1855 map of the Soho cholera outbreak showing the clusters of cholera cases in the London epidemic of 1854 separate files. As a result of this, Tomlinson has become known as the "father of GIS," particularly for his use of overlays in promoting the spatial analysis of convergent geographic data.lsl CGIS lasted into the ] 990s and built the largest digital land resource database in Canada. It was developed as a mainframe based system in support of federal and provincial resource planning and management. Its strength was continent-wide analysis of complex data sets. The CGiS was never available in a commercial form. In 1964, Howard T Fisher formed the Laboratory for Computer Graphics and Spatial Analysis at the Harvard Graduate School of Design (LCGSA 1965-1991), where a number of important theoretical concepts in spatial data handling were developed, and which by the 1970s had distributed seminal software code and systems, such as 'SYMAP', 'GRID', and 'ODYSSEY' -- which served as literal and inspirational sources for subsequent commercial development -- to universities, research centers, and corporations worldwide.l6l By the early 1980s, M&S Computing (later Intergraph), Environmental Systems Research Institute (ESRI) and CARIS emerged as commercial vendors of GiS software, successfully incorporating many of the CGIS features, combining the first generation approach to separation of spatial and attribute information with a second generation approach to organizing attribute data into database structures. In parallel, the development of a public domain GIS was begun in 1982 by the U.S. Army Corp of Engineering Research Laboratory (USA-CERL) in Champaign, Illinois, a branch of the U.S. Anny Corps of Engineers to meet the need of the United States military for software for land management and environmental planning. The later 1980s and 1990s industry growth were spurred on by the growing use of GIS on Unix workstations and the personal computer. By the end of the 20th century, the rapid growth in various systems had been consolidated and standardized on relatively few platforms and users were beginning to export the concept of viewing GIS data over the Internet, requiring data format and transfer standards. More recently, there is a growing number of free, open source GIS packages which http://en.wikipedia.org/wiki/GIS 1/30/2008 _ _ Geographic information system - Wikipedia, the free encyclopedia Page 4 of 21 run on a range of operating systems and can be customized to perform specific tasks. Techniques used in GIS Data creation Modern GIS technologies use digital information, for which various digitized data creation methods are used. The most common method of data creation is digitization, where a hard copy map or survey plan is transferred into a digital medium through the use of a computer-aided design (CAD) program, and geo-referencing capabilities. With the wide availability of ortho-rectified imagery (both from satellite and aerial sources), heads-up digitizing is becoming the main avenue through which geographic data is extracted. Heads-up digitizing involves the tracing of geographic data directly on top of the aerial imagery instead of through the traditional method of tracing the geographic form on a separate digitizing tablet. Relating information from different sources If you could relate information about the rainfall of your state to aerial photographs of your county, you might be able to tell which wetlands dry up at certain times of the year. A GIS, which can use information from many different sources in many different forms, can help with such analyses. The primary requirement for the source data consists of knowing the locations for the variables. Location may be annotated by x, y, and z coordinates of longitude, latitude, and elevation, or by other geocode systems like ZIP Codes or by highway mile markers. Any variable that can be located spatially can be fed into a GIS. Several computer databases that can be directly entered into a GIS are being produced by government agencies and non-government organizations. Different kinds of data in map form can be entered into a GIS. A GIS can also convert existing digital information, which may not yet be in map form, into forms it can recognize and use. For example, digital satellite images generated through remote sensing can be analyzed to produce amap-like layer of digital information about vegetative covers. Another fairly developed resource for naming GIS objects is the Getty Thesaurus of Geographic Names (GTGN), which is a structured vocabulary containing around 1,000,000 names and other information about places [1J. Likewise, census or hydrologic tabular data can be converted to map-like form, serving as layers of thematic information in a GIS. Data representation GIS data represents real world objects (roads, land use, elevation) with digital data. Real world objects can be divided into two abstractions: discrete objects (a house) and continuous fields (rain fall amount or elevation). There are two broad methods used to store data in a GIS for both abstractions: Raster and Vector. Raster A raster data type is, in essence, any type of digital image. Anyone who is familiar with digital http://en.wikipedia.org/wild/GIS 1/30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 5 of 21 photography will recognize the pixel as the smallest individual unit of an image. A combination of these pixels will create an image, distinct from the commonly used scalable vector graphics which are the basis of the vector model. While a digital image is concerned with the output as representation of reality, in a photograph or art transferred to computer, the raster data type will reflect an abstraction of reality. Aerial photos are one commonly used form of raster data, with only one purpose, to display a detailed image on a map or for the purposes of digitization. Other raster data sets will contain information regarding elevation, a DEM, or reflectance of a particular wavelength of light, LANDSAT. Raster data type consists of rows and columns of cells, with each cell storing a single value. Raster data can be images (raster images) with each pixel (or cell) containing a color value. Additional values recorded for each cell may be a discrete value, such as land use, a continuous value, such as temperature, or a null value if no data is available. While a raster cell stores a single value, it can be extended by using raster bands to represent RGB (red, green, blue) colors, colormaps (a mapping between a thematic code and RGB value), or an extended attribute table with one row for each unique cell value. The resolution of the raster data set is its cell width in ground units. Raster data is stored in various formats; from a standard Digital elevation model, map (image), and file-based structure of TIF, JPEG, etc. to binary large vector data object (BLOB) data stored directly in a relational database management system (RDBMS) similar to other vector-based feature classes. Database storage, when properly indexed, typically allows for quicker retrieval of the raster data but can require storage of millions of significantly-sized records. Vector In a GIS, geographical features are often expressed as vectors, by, considering those features as geometrical shapes. ~ -~ Legrnd In the popular ESRI Arc series of programs, these are + well + N Rivei explicitly called shapefiles. Different geographical features + '. \ ~~ take are best expressed by different types of geometry: +i --) Points Zero-dimensional points are used for geographical features that can best be expressed by a single grid reference; in other words, simple location. For example, the locations of wells, peak elevations, features of interest or trailheads. Points convey the least amount of information of these file types. Lines or polylines One-dimensional lines or polylines are used for linear features such as rivers, roads, railroads, trails, and topographic lines. Polygons http://en.wikipedia.org/wiki/GI S •, + ~ ~ ~~ + *`, i+ + + ~ / 2km + ~ A simple vector map, using each of the vector elements: points for wells, lines for rivers, and a polygon for the lake. 1 /30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 6 of 21 Two-dimensional polygons are used for geographical features that cover a particular area of the earth's surface. Such featuces may include lakes, park boundaries, buildings, city boundaries, or land uses. Polygons convey the most amount of information of the file types. Each of these geometries are linked to a row in a database that describes their attributes. For example, a database that describes lakes may contain a lake's depth, water quality, pollution level. This information can be used to make a map to describe a particular attribute of the dataset. For example, lakes could be coloured depending on level of pollution. Different geometries can also be compared. For example, the GIS could be used to identify all wells (point geometry) that are within 1-mile (1.6 km) of a lake (polygon geometry) that has a high level of pollution. Vector features can be made to respect spatial integrity through the application of topology rules such as 'polygons must not overlap'. Vector data can also be used to represent continuously varying phenomena. Contour lines and triangulated irregular networks (TII~ are used to represent elevation or other continuously changing values. TINS record values at point locations, which are connected by lines to form an irregular mesh of triangles. The face of the triangles represent the terrain surface. Advantages and disadvantages There are advantages and disadvantages to using a raster or vector data model to represent reality. Raster data sets record a value for all points in the area covered which may require more storage space than representing data in a vector format that can store data only where needed. Raster data also allows easy implementation of overlay operations, which are more difficult with vector data. Vector data can be displayed as vector graphics used nn traditional maps, whereas raster data will appear as an image that may have a blocky appearance for object boundaries. Vector data can be easier to register, scale, and re- project. This can simplify combining vector layers from different sources. Vector data are more compatible with relational database environment. They can be part of a relational table as a normal column and processes using a multitude of operators. The file size for vector data is usually much smaller for storage and sharing than raster data. Image or raster data can be 10 to 100 times larger than vector data depending on the resolution. Another advantage of vector data is it can be easily updated and maintained. For example, a new highway is added. Thy raster image will have to be completely reproduced, but the vector data, "roads," can be easily updated by adding the missing road segment. In addition, vector data allow much more analysis capability especially for "networks" such as roads, power, rail, telecommunications, etc. For example, with vector data attributed with the characteristics of roads, ports, and airfields, allows the analyst to query for the best route or method of transportation. In the vector data, the analyst can query the data for the largest port with an airfield within 60 miles and a connecting road that is at least two lane highway. Raster data will not have all the characteristics of the features it displays. Voxel Selected GIS additionally support the voxel data model. A voxel (a portmanteau of the words volumetric and pixel) is a volume element, representing a value on a regular grid in three dimensional space. This is analogous to a pixel, which represents 2D image data. Voxels can be interpolated from 3D point clouds (3D point vector data), or merged from 2D raster slices. Non-spatial data httpa/en.wikipedia.orglwikilGIS 1/30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 7 of 21 Additional non-spatial data can also be stored besides the spatial data represented by the coordinates of a vector geometry or the position of a raster cell. In vector data, the additional data are attributes of the object. For example, a forest inventory polygon may also have an identifier value and information about tree species. In raster data the cell value can store amibute information, but it can also be used as an identifier that can relate to records in another table. Data capture Data capture-entering information into the system~onsumes much of the time of GIS practitioners. There are a variety of methods used to enter data into a GIS where it is stored in a digital format. Existing data printed on paper or PET film maps can be digitized or scanned to produce digital data. A digitizer produces vector data as an operator traces points, lines, and polygon boundaries from a map. Scanning a map results in raster data that could be further processed to produce vector data. Survey data can be directly entered into a GIS from digital data collection systems on survey instruments. Positions from a Global Positioning System (GPS), another survey tool, can also be directly entered into a GIS. Remotely sensed data also plays an important role in data collection and consist of sensors attached to a platform. Sensors include cameras, digital scanners and LIDAR, while platforms usually consist of aircraft and satellites. The majority of digital data currently comes from photo interpretation of aerial photographs. Soft copy workstations are used to digitize features directly from stereo pairs of digital photographs. These systems allow data to be captured in 2 and 3 dimensions, with elevations measured directly from a stereo pair using principles of photogrammetry. Currently, analog aerial photos are scanned before being entered into a soft copy system, but as high quality digital cameras become cheaper this step will be skipped. Satellite remote sensing provides another important source of spatial data. Here satellites use different sensor packages to passively measure the reflectance from parts of the electromagnetic spectrum or radio waves that were sent out from an active sensor such as radar. Remote sensing collects raster data that can be further processed to identify objects and classes of interest, such as land cover. When data is captured, the user should consider if the data should be captured with either a relative accuracy or absolute accuracy, since this could not only influence how information will be interpreted but also the cost of data capture. In addition to collecting and entering spatial data, attribute data is also entered into a GIS. For vector data, this includes additional information about the objects represented in the system. After entering data into a GIS, the data usually requires editing, to remove errors, or further processing. For vector data it must be made "topologically correct" before it can be used for some advanced analysis. For example, in a road network, lines must connect with nodes at an intersection. Errors such as undershoots and overshoots must also be removed. For scanned maps, blemishes on the source map may need to be removed from the resulting raster. For example, a fleck of dirt might connect two lines that should not be connected. http://en.wikipedia.org/wiki/GIS I /30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 8 of 21 Raster-to-vector translation Data restructuring can be performed by a GIS to convert data into different formats. For example, a GIS may be used to convert a satellite image map to a vector structure by generating lines azound all cells with the same classification, while determining the cell spatial relationships, such as adjacency or inclusion. More advanced data processing can occur with image processing, a technique developed in the ]ate 1960s by NASA and the private sector to provide contrast enhancement, false colour rendering and a variety of other techniques including use of two dimensional Fourier transforms. Since digital data are collected and stored in various ways, the two data sources may not be entirely compatible. So a GIS must be able to convert geographic data from one structure to another. Projections, coordinate systems and registration A property ownership map and a soils map might show data at different scales. Map information in a GIS must be manipulated so that it registers, or fits, with information gathered from other maps. Before the digital data can be analyzed, they may have to undergo other manipulations-projection and coordinate conversions, for example-that integrate them into a GIS. The earth can be represented by various models, each of which may provide a different set of coordinates (e.g., latitude, longitude, elevation) for any given point on the earth's surface. The simplest model is to assume the earth is a perfect sphere. As more measurements of the earth have accumulated, the models of the earth have become more sophisticated and more accurate. In fact, there are models that apply to different areas of the earth to provide increased accuracy (e.g., North American Datum, 1927 - NAD27 -works well in North America, but not in Europe). See Datum for more information. Projection is a fundamental component of map making. A projection is a mathematical means of transferring information from a model of the Earth, which represents athree-dimensional curved surface, to atwo-dimensional medium-paper or a computer screen. Different projections are used for different types of maps because each projection particularly suits certain uses. For example, a projection that accurately represents the shapes of the continents will distort their relative sizes. See Map projection for more information. Since much of the information in a GIS comes from existing maps, a GIS uses the processing power of the computer to transform digital information, gathered from sources with different projections and/or different coordinate systems, to a common projection and coordinate system. For images, this process is called rectification. Spatial analysis with GIS Data modeling It is difficult to relate wetlands maps to rainfall amounts recorded at different points such as airports, television stations, and high schools. A GIS, however, can be used to depict two- and three-dimensional characteristics of the Earth's surface, subsurface, and atmosphere from information points. For example, http://en.wikipedia.org/wild/GIS 1/30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 9 of 21 a GIS can quickly generate a map with isopleth or contour lines that indicate differing amounts of rainfall. Such a map can be thought of as a rainfall contour map. Many sophisticated methods can estimate the characteristics of surfaces from a limited number of point measurements. Atwo-dimensional contour map created from the surface modeling of rainfall point measurements may be overlaid and analyzed with any other map in a GIS covering the same area. Additionally, from a series ofthree-dimensional points, or digital elevation model, isopleth lines representing elevation contours can be generated, along with slope analysis, shaded relief, and other elevation products. Watersheds can be easily defined for any given reach, by computing all of the areas contiguous and uphill from any given point of interest. Similarly, an expected thalweg of where surface water would want to travel in intermittent and permanent streams can be computed from elevation data in the GIS. Topological modeling In the past years, were there any gas stations or factories operating next to the swamp? Any within two miles (3 km) and uphill from the swamp? A GIS can recognize and analyze the spatial relationships that exist within digitally stored spatial data. These topological relationships allow complex spatial modelling and analysis to be performed. Topological relationships between geometric entities traditionally include adjacency (what adjoins what), containment (what encloses what), and proximity (how close something is to something else). Networks If all the factories near a wetland were accidentally to release chemicals into the river at the same time, how long would it take for a damaging amount of pollutant to enter the wetland reserve? A GIS can simulate the routing of materials along a linear network. Values such as slope, speed limit, or pipe diameter can be incorporated into network modeling in order to represent the flow of the phenomenon more accurately. Network modelling is commonly employed in transportation planning, hydrology modeling, and infrastructure modeling. Cartographic modeling The term "cartographic modeling" was (probably) coined by Dana Tomlin in his PhD dissertation and later in his book which has the term in the title. Cartographic modeling refers to a process where several thematic layers of the same area are produced, processed, and analyzed. Tomlin used raster layers, but the overlay method (see below) can be used more generally. Operations on map layers can be combined into algorithms, and eventually into simulation or optimization models. Map overlay The combination of two separate spatial data sets (points, lines or polygons) to create a new output vector data set. These overlays are similar to mathematical Venn diagram overlays. A union overlay combines the geographic features and attribute tables of both inputs into a single new output. An http://en.wikipedia.org/wiki/GIS 1 /30/2008 Geographic information system - Wikipedia, the free encyclopedia intersect overlay defines the area where both inputs overlap and retains a set of attribute fields for each. A symmetric difference overlay defines an output area that includes the total area of both inputs except for the overlapping area. Data extraction is a GIS process similar to vector overlay, though it can be used in either vector or raster data analysis. Rather than combining the Page 10 of 21 An example of use of layers in a GIS application. In this example, the forest cover layer (]fight green) is at the bottom, with the topographic layer over it. Next up is the stream layer, then the boundary layer, then the road layer. The order is very important in order to properly display the final result. Note that the pond layer was located just properties and below the stream layer, so that a stream line can be seen overlying one of the ponds. features of both data sets, data extraction involves using a "clip" or "mask" to extract the features of one data set that fall within the spatial extent of another data set. In raster data analysis, the overlay of data sets is accomplished through a process known as "local operation on multiple rasters" or "map algebra," through a function that combines the values of each raster's matrix. This function may weigh some inputs more than others through use of an "index model" that reflects the influence of various factors upon a geographic phenomenon. Automated cartography Digital cartography and GIS both encode spatial relationships in structured formal representations. GIS is used in digital cartography modeling as a (semi)automated process of making maps, so called Automated Cartography. In practice, it can be a subset of a GIS, within which it is equivalent to the stage of visualization, since in most cases not all of the GIS functionality is used. Cartographic products can be either in a digital or in a hardcopy format. Powerful analysis techniques with different data representation can produce high-quality maps within a short time period. The main problem in Automated Cartography is to use a single set of data to produce multiple products at a variety of scales, a technique known as Generalization. Geostatistics Geostatistics is a point-pattern analysis that produces field predictions from data points. It is a way of looking at the statistical properties of those special data. It is different from general applications of statistics because it employs the use of graph theory and matrix algebra to reduce the number of http://en.wikipedia.org/wiki/GIS 1 /30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 11 of 21 parameters in the data. Only the second-order properties of the GIS data are analyzed. When phenomena are measured, the observation methods dictate the accuracy of any subsequent analysis. Due to the nature of the data (e.g. traffic pattems in an urban environment; weather patterns over the Pacific Ocean), a constant or dynamic degree of precision is always lost in the measurement. This loss of precision is determined from the scale and distribution of the data collection. To determine the statistical relevance of the analysis, an average is determined so that points (gradients) outside of any immediate measurement can be included to determine their predicted behavior. This is due to the limitations of the applied statistic and data collection methods, and interpolation is required in order to predict the behavior of particles, points, and locations that are not directly measurable. Interpolation is the process by which a surface is created, usually a raster data set, through the input of data collected at a number of sample points. There are several forms of interpolation, each which treats the data differently, depending on the properties of the data set. In comparing interpolation methods, the first consideration should be whether or not the source data will change (exact or approximate). Next is whether the method is subjective, a human interpretation, or objective. Then there is the nature of transitions between points: are they abrupt or gradual. Finally, there is whether a method is global (it uses the entire data set to form the model), or local where an algorithm is repeated for a small section of terrain. Interpolation is a justified measurement because of a Spatial Autocorrelation Principle that recognizes that data collected at any position will have a great similarity to, or influence of those locations within its immediate vicinity. Digital elevation models (DEM), triangulated irregular networks (TIN), Edge finding algorithms, Theisen Polygons, Fourier analysis, Weighted moving averages, Inverse Distance Weighted, Moving averages, Kriging, Spline, and Trend surface analysis are all mathematical methods to produce interpolative data. Address Geocoding Geocoding is calculating spatial locations (X,Y coordinates) from street addresses. A reference theme is required to geocode individual addresses, such as a road centerline file with address ranges. The individual address locations are interpolated, or estimated, by examining address ranges along a road segment. These are usually provided in the form of a table or database. The GIS will then place a dot approximately where that address belongs along the segment of centerline. For example, an address point of 500 will be at the midpoint of a line segment that starts with address I and ends with address 1000. Geocoding can also be applied against actual parcel data, typically from municipal tax maps. In this case, the result of the geocoding will be an actually positioned space as opposed to an interpolated point. http://en.wikipedia.org/wiki/GIS 1/30/2008 Hillshade mode] derived from a Digital Elevation Model (DEM) of the Valestra area in the northern Apennines (Italy) Geographic information system - Wikipedia, the free encyclopedia Page 12 of 21 It should be noted that there are several (potentially dangerous) caveats that are often overlooked when using interpolation. See the full entry for Geocoding for more information. Various algorithms are used to help with address matching when the spellings of addresses differ. Address information that a particular entity or organization has data on, such as the post office, may not entirely match the reference theme. There could be variations in street name spelling, community name, etc. Consequently, the user generally has the ability to make matching criteria more stringent, or to relax those parameters so that more addresses will be mapped. Care must be taken to review the results so as not to erroneously map addresses incorrectly due to overzealous matching parameters. Reverse geocoding Reverse geocoding is the process of returning an estimated street address number as it relates to a given coordinate. For example, a user can click on a road centerline theme (thus providing a coordinate) and have information returned that reflects the estimated house number. This house number is interpolated from a range assigned to that road segment. If the user clicks at the midpoint of a segment that starts with address 1 and ends with 100, the returned value will be somewhere near 50. Note that reverse geocoding does not return actual addresses, only estimates of what should be there based on the predetermined range. Data output and cartography Cartography is the design and production of maps, or visual representations of spatial data. The vast majority of modern cartography is done with the help of computers, usually using a GIS. Most GIS software gives the user substantial control over the appearance of the data. Cartographic work serves two major functions: First, it produces graphics on the screen or on paper that convey the results of analysis to the people who make decisions about resources. Wall maps and other graphics can be generated, allowing the viewer to visualize and thereby understand the results of analyses or simulations of potential events. Web Map Servers facilitate distribution of generated maps through web browsers using various implementations of web-based application programming interfaces(AJAX, Java, Flash, etc). Second, other database information can be generated for further analysis or use. An example would be a list of all addresses within one mile (1.6 km) of a toxic spill. Graphic display techniques Traditional maps are abstractions of the real world, a sampling of important elements portrayed on a sheet of paper with symbols to represent physical objects. People who use maps must interpret these symbols. Topographic maps show the shape of land surface with contour lines; the actual shape of the land can be seen only in the mind's eye. Today, graphic display techniques such as shading based on altitude in a GIS can make relationships among map elements visible, heightening one's ability to extract and analyze information. For example, two types of data were combined in a GIS to produce a perspective view of a portion of San Mateo http://en.wikipedia.org/wiki/G] S 1 /30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 13 of 21 County, California. The digital elevation model, consisting of surface elevations recorded on a 30-meter horizontal grid, shows high elevations as white and low elevation as black. The accompanying Landsat Thematic Mapper image shows afalse-color infrared image looking down at the same area in 30-meter pixels, or picture elements, for the same coordinate points, pixel by pixel, as the elevation information. A GIS was used to register and combine the two images to render the three-dimensional perspective view looking down the San Andreas Fault, using the Thematic Mapper image pixels, but shaded using the elevation of the landfonns. The GIS display depends on the viewing point of the observer and time of day of the display, to properly render the shadows created by the sun's rays at that latitude, longitude, and time of day. Spatial ETL Spatial ETL tools provide the data processing functionality of traditional Extract, Transform, Load (ETL) software, but with a primary focus on the ability to manage spatial data. They provide GIS users with the ability to translate data between different standards and proprietary formats, whilst geometrically transforming the data en-route. GIS software Geographic information can be accessed, transferred, transformed, overlaid, processed and displayed using numerous sofrware applications. Within industry commercial offerings from companies such as ESRI and Mapinfo dominate, offering an entire suite of tools. Government and military departments often use custom sofrware, open source products, such as GRASS, or more specialized products that meet a well defined need. Although free tools exist to view GIS datasets, public access to geographic information is dominated by online resources such as Google Earth and interactive web mapping. Background Originally up to the late 1990s, when GIS data was mostly based on large computers and used to maintain internal records, sofrware was astand-alone product. However with increased access to the Internet and networks and demand for distributed geographic data grew, GIS software gradually changed its entire outlook to the delivery of data over a network. GIS software is now usually marketed as combination of various interoperable applications and APIs. Data creation GIS processing sofrware is used for the task of preparing data for use within a GIS. This transforms the raw or legacy geographic data into a format usable by GIS products. For example an aerial photograph may need to be stretched (orthorectified) using photogrammetry so that its pixels align with longitude and latitude gradations (or what ever grid is needed). This can be distinguished from the transformations done within GIS analysis software by the fact that these changes are permanent, more complex and time consuming. Thus, a specialized high-end type of software is generally used by a person skilled in Remote Sensing and / or GIS processing aspects of computer science. In addition, AutoCAD, normally http://en.wikipedia.org/wiki/GIS 1/30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 14 of 21 used for drafts of engineering projects, can be configured for the editing of vector maps, and has some products that have migrated towards GIS use. It is especially useful as it has strong support for digitization. Raw geographic data can be edited in many standard database and spreadsheet applications and in some cases a text editor may be used as long as care is taken to properly format data. Geodatabases A geodatabase is a database with extensions for storing, querying, and manipulating geographic information and spatial data. Management and analysis GIS analysis software takes GIS data and overlays or otherwise combines it so that the data can be visually analysed. It can output a detailed map, image or movie used to communicate an idea or concept with respect to a region of interest. This is usually used by persons who are trained in cartography, geography or a GIS professional as this type of application is complex and takes some time to master. The software performs transformation on raster and vector data sometimes of differing datums, grid system, or reference system, into one coherent image. It can also analyse changes over time within a region. This software is central to the professional analysis and presentaton of GIS data. Examples include the ArcGIS family of ESRI GIS applications (which replaced ESRI's older Arc/INFO), Smallworld, XMap and GRASS. Statistical GIS statistical sofware uses standard database queries to retrieve data and analyse data for decision making. For example, it can be used to determine how many persons of an income of greater than 60,000 live in a given street block. The data is sometimes referenced with postal/zip codes and street locations rather than with geodetic data. This is used by computer scientists and statisticians with computer science skills, with an objective of characterizing an area for marketing or governing decisions. Standard DBMS can be used or specialized GIS statistical software. These aze many times setup on servers so that they can be queried with web browsers. Examples are MySQL or ArcSDE. Readers GIS readers are computer applications that are designed to allow users to easily view digital maps as well as view and query GIS-managed data. By definition, they usually allow very little if any editing of the map or underlying map data. Readers can be normal standalone applications that need to be installed locally, though they are often designed to connect to data servers over the Internet to access the relevant information. Readers can also be included as an embedded application within a web page, obviating the need for local installation. Readers are designed to be relatively simple and easy to use as well as free. Web API This is the evolution of the scripts that were common with most eazly GIS systems. An application programming interface (API) is a set of subroutines (organized as object oriented programming) designed to perform a specific task. GIS APIs are designed to manage GIS data for its delivery to a web browser client from a GIS server. They are accessed with commonly used scripting language such as http://en.wikipedia.org/wiki/GIS 1/30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 15 of 21 VBA or JavaScript. They are used to build a server system for the delivery of GIS that is to made available over an Intranet or publicly over the Internet. Mobile GIS GIS has seen many implementations on mobile devices. With the widespread adoption of GPS, GIS has been used to capture and integrate data in the field. Free and Opeu-source GIS software Many GIS tasks can be accomplished with free or open-source sofrware. With the broad use ofnon-proprietary and open data formats such as the Shape File format for vector data and the Geotiff format for raster data, as well as the adoption of OGC standards for networked servers, development of open source software continues to evolve, especially for web and web service oriented applications. Well-known open source GIS software includes GRASS GIS, Quantum GIS, MapServer, uDig, OpenJUMP, gvSIG and many others (e.g., see OSGeo or MapTools). Much open source GIS development has focused on the creation of libraries that provide functionality for third party applications. Such libraries include GDAL/OGR, and the open source Java GIS toolkit. These libraries are used by open source and commercial software alike to provide basic functionality. PostGIS provides an open source alternative to geodatabases such as Oracle Spatial, and ArcSDE. Vehicle navigation A database model of a network of roads and related features is a form of GIS data that is used for vehicle navigation systems. Such a map database is a vector representation of a given road network including road geometry (segment shape), network topology (connectivity) and related attributes (addresses, road class, etc). Geographic Data Files (GDF) is an ISO standard for formulating map databases for navigation. An Automotive navigation system will combine map-matching, GPS coordinates, and Dead reckoning to estimate the position of the vehicle. The map database is also used for route planning and guidance, and possibly advanced functions involving active safety, driver assistance and location-based services. Maintenance of databases for vehicle navigation is discussed in the article Map database management. The future of GIS Many disciplines can benefit from GIS technology. An active GIS market has resulted in lower costs and continual improvements in the hardware and software components of GIS. These developments will, in tum, result in a much wider use of the technology throughout science, government, business, and industry, with applications including real estate, public health, crime mapping, national defense, sustainable development, natural resources, landscape architecture, archaeology, regional and community planning, transportation and logistics. GIS is also diverging into location-based services (LBS). LBS allows GPS enabled mobile devices to display their location in relation to fixed assets (nearest restaurant, gas station, fire hydrant), mobile assets (friends, http://en.wikipedia.org/wiki/GIS 1 /30/2008 Geographic information system - Wikipedia, the free encyclopedia children, police car) or to relay their position back to a central server for display or other processing. These services continue to develop with the increased integration of GPS functionality with increasingly powerful mobile electronics (cell phones, PDAs, laptops). Distributed GIS Distributed GIS concerns itself with GI Systems that do not have all of the system components in the same physical location. This could be the processing, the database, the rendering or the user interface. Examples of distributed systems are web-based GIS, Mobile GIS, Corporate GIS and GRID computing. OGC standards _ ,-}-_- wr r- yd ...... r - -!SJ _.. ..,~.,~. .. „._.,. ~ ....r di. GeaBios -tiny WMS/WFS client (Flash/DHTML) The Open Geospatial Consortium (OGC) is an international industry consortium of 334 companies, government agencies and universities participating in a consensus process to develop publicly available geoprocessing specifications. Open interfaces and protocols defined by OpenGIS Specifications support interoperable solutions that "geo-enable" the Web, wireless and location-based services, and mainstream IT, and empower technology developers to make complex spatial information and services accessible and useful with all kinds of applications. Open Geospatial Consortium (OGC) protocols include Web Map Service (WMS) and Web Feature Service (WFS). GIS products are broken down by the OGC into two categories, based on how completely and accurately the software follows the OGC specifications. Compliant Products are software products that comply to OGC's OpenGIS® Specifications. When a product has been tested and certified as compliant through the OGC Testing Program, the product is automatically registered as "compliant" on this site. Page 16 of 21 __ _ _ - http://en.wikipedia.org/wiki/GIS 1/30/2008 OGC standards help GIS tools communicate. Geographic information system - Wikipedia, the free encyclopedia Page 17 of 21 Implementing Products are software products that implement OpenGIS Specifications but have not yet passed a compliance test. Compliance tests are not available for all specifications. Developers can register their products as implementing draft or approved specifications, though OGC reserves the right to review and verify each entry. Web mapping In recent years there has been an explosion of mapping applications on the web such as Google Maps and Live Maps. These websites give the public access to huge amounts of geographic data. Some of them, like Google Maps and OpenLayers, expose an API that enable users to create custom applications. These toolkits commonly offer street maps, aerial/satellite imagery, geocoding, searches, and routing functionality. Other applications for publishing geographic information on the web include MapInfo's MapXtreme, Intergraph's GeoMedia WebMap (TM), ES131's ArcIMS, ArcGIS Server, AutoDesk's Mapguide, SeaTrails' AtlasAlive, and the open source MapServer. In recent years web mapping services have begun to adopt features more common in GIS. Services such as Google Maps and Live Maps allow users to annotate maps and share the maps with other. Conversely GIS vendors have also created web mapping systems such as ESRI's WebADF that adopt much of the usability and speed of consumer web mapping web sites. Global change and climate history program Maps have traditionally been used to explore the Earth and to exploit its resources. GIS technology, as an expansion of cartographic science, has enhanced the efficiency and analytic power of traditional mapping. Now, as the scientific community recognizes the environmental consequences of human activity, GIS technology is becoming an essential tool in the effort to understand the process of global change. Various map and satellite information sources can combine in modes that simulate the interactions of complex natural systems. Through a function known as visualization, a GIS can be used to produce images -not just maps, but drawings, animations, and other cartographic products. These images allow researchers to view their subjects in ways that literally never have been seen before. The images are often invaluable for conveying the technical concepts of GIS study subjects to non-scientists. Adding the dimension of time The condition of the Earth's surface, atmosphere, and subsurface can be examined by feeding satellite data into a GIS. GIS technology gives researchers the ability to examine the variations in Earth processes over days, months, and years. As an example, the changes in vegetation vigor through a growing season can be animated to determine when drought was most extensive in a particular region. The resulting graphic, known as a normalized vegetation index, represents a rough measure of plant health. Working with two variables over time would then allow researchers to detect regional differences in the lag between a decline in rainfall and http://en.wikipedia.org/wiki/GIS 1/30/2008 _ __ Geographic information system - W ikipedia, the free encyclopedia Page 18 of 21 its effect on vegetation. GIS technology and the availability of digital data on regional and global scales enable such analyses. The satellite sensor output used to generate a vegetation graphic is produced by the Advanced Very High Resolution Radiometer (AVHRR). This sensor system detects the amounts of energy reflected from the Earth's surface across various bands of the spectrum for surface areas of about 1 square kilometer. The satellite sensor produces images of a particular location on the Earth twice a day. AVHRR is only one of many sensor systems used for Earth surface analysis. More sensors will follow, generating ever greater amounts of data. GIS and related technology will help greatly in the management and analysis of these large volumes of data, allowing for better understanding of terrestrial processes and better management of human activities to maintain world economic vitality and environmental quality. In addition to the integration of time in environmental studies, GIS is also being explored for its ability to track and model the progress of humans throughout their daily routines. A concrete example of progress in this area is the recent release oftime-specific population data by the US Census. In this data set, the populations of cities are shown for daytime and evening hours highlighting the pattern of concentration and dispersion generated by North American commuting patterns. The manipulation and generation of data required to produce this data would not have been possible without GIS. Using models to project the data held by a GIS forward in time have enabled planners to test policy decisions. These systems are known as Spatial Decision Support Systems. Semantics and GIS Tools and technologies emerging from the W3C's Semantic Web Activity are proving useful for data integration problems in information systems. Correspondingly, such technologies have been proposed as a means to facilitate interoperability and data reuse among GIS applications hIIBI and also to enable new analysis mechanisms [9]. Ontologies are a key component of this semantic approach as they allow a formal, machine-readable specification of the concepts and relationships in a given domain. This in turn allows a GIS to focus on the meaning of data rather than its syntax or structure. For example, reasoning that a land cover type classified as Deciduous Needleleaf Trees in one dataset is a specialization of land cover type Forest in another more roughly-classified dataset can help a GIS automatically merge the two datasets under the more general land cover classification. Very deep and comprehensive ontologies have been developed in areas related to GIS applications, for example the Hydrology Ontology developed by the Ordnance Survey in the United Kingdom and the SWEET ontologies developed by NASA's Jet Propulsion Laboratory. Also, simpler ontologies and semantic metadata standards are being proposed by the W3C Geo Incubator Group to represent geospatial data on the web. Recent research results in this area can be seen in the International Conference on Geospatial Semantics and the Terra Cognita -- Directions to the Geospatial Semantic Web workshop at the International Semantic Web Conference. GIS and Society http://en.wikipedia.org/wiki/GIS 1/30/2008 Geographic information system - W ikipedia, the free encyclopedia Page 19 of 21 With the popularization of GIS in decision making, scholars have began to scrutinize the social implications of GIS. It has been argued that the production, distribution, utilization, and representation of geographic information are largely related with the social context. For example, some scholars are concerned that GIS may turn into a tool of Omni-surveillance for dictatorship. Other related topics include discussion on copyright, privacy, and censorship. A more optimistic social approach to GIS adoption is to use it as a tool for public participation. See also ^ AM/FM/GIS ^ Cartography ^ Crime Mapping ^ Digital raster graphic ^ Distributed GIS ^ Geodesy ^ Geoinformatics ^ Geographic information science ^ Geoinformation ^ Geomatics ^ Geo (marketing) ^ List of GIS software ^ Comparison of GIS software ^ Open Source Geospatial Foundation ^ Open GIS Consortium ^ Public Participation GIS ^ Pictometry ^ Remote sensing ^ Traditional knowledge gis -___ _ _ At/as Porta[ i ^ UNIGIS, international university collaboration on GIS education ^ Virtual globe ^ Topologically Integrated Geographic Encoding and Referencing (TIGER), a US standard for GIS data ^ At-location mapping ^ GIS in archaeology ^ Historical GIS ^ Automotive navigation system ^ Map database management ^ Geographic Data Files ^ ZIP codes References 1. ^ Curtis, Gregory. The Cave Painters: Probing the Mysteries of the World's First Artists. NY, USA: Knopf. ISBN 1-4000-4348-4. 2. ^ Dr David Whitehouse. Ice Age star map discovered. BBC. Retrieved on 2007-06-09. 3. ^ John Snow's Cholera Map. York University. Retrieved on 2007-06-09. 4. ^ Joseph H. Fitzgerald. Map Printing Methods. Retrieved on 2007-06-09. 5. ^GIS Hall of Fame -Roger Tomlinson. URISA. Retrieved on 2007-06-09. 6. ^ Lucia Lovison-Golob. Howard T. Fisher. Harvard University. Retrieved on 2007-06-09. http://en.wikipedia.org/wiki/GIS 1/30/2008 Geographic information system - Wikipedia, the free encyclopedia Page 20 of 21 7. ^ Fonseca, Frederico & Sheth, Amit (2002), "The Geospatial Semantic Web", UCGIS White Paper 8. ^ Fonseca, Frederico & Egenhofer, Max (1999), "Ontology-Driven Geographic Information Systems", Proc. ACMlnternational Symposium on Geographic Information Systems, pp. 14-19 9. ^ Peny, Matthew; Hakimpour, Farshad & Sheth, Amit (2006), "Analyzing Theme, Space and Time: an Ontology-based Approach", Proc. ACMlnternational Symposium on Geographic Information Systems, pp. 147-154 Further reading ^ Berry, J.K. (1993) Beyond Mapping: Concepts, Algorithms and Issues in GIS. Fort Collins, CO: GIS World Books. ^ Bolstad, P. (2005) GIS Fundamentals: A first text on Geographic Information Systems, Second Edition. White Bear Lake, MN: Eider Press, 543 pp. ^ Burrough, P.A. and McDonnell, R.A. (1998) Principles of geographical information systems. Oxford University Press, Oxford, 327 pp. ^ Chang, K. (2007) Introduction to Geographic Information System, 4th Edition. McGraw Hill. ^ Elangovan,K (2006)"GIS: Fundamentals, Applications and Implementations", New India Publishing Agency, New Delhi"208 pp. ^ Heywood, L, Cornelius, S., and Carver, S. (2006) An Introduction to Geographical Information Systems. Prentice Hall. 3rd edition. ^ Longley, P.A., Goodchild, M.F., Maguire, D.J. and Rhind, D.W. (2005) Geographic Information Systems and Science. Chichester: Wiley. 2nd edition. ^ Maguire, D.J., Goodchild M.F., Rhind D.W. (1997) "Geographic Information Systems: principles, and applications" Longman Scientific and Technical, Harlow. ^ Thurston, J., Poiker, T.K. and J. Patrick Moore. (2003) Integrated Geospatial Technologies: A Guide to GPS, GIS, and Data Lagging. Hoboken, New Jersey: Wiley. ^ Tomlinson, R.F., (2005) Thinking About GIS: Geographic Information System Planning for Managers. ESRI Press. 328 pp. ^ Wise, S. (2002) GIS Basics. London: Taylor & Francis. ^ Worboys, Michael, and Matt Duckham. (2004) GIS.• a computing perspective. Boca Raton: CRC Press. ^ Wheatley, David and Gillings, Mark (2002) Spatial Technology and Archaeology. The Archaeological Application of GIS. London, New York, Taylor & Francis. External links ^ Federal Geographic Data Committee -United States federal government standards agency. ^ FreeGIS Master Index of Free GIS Software ^ GIS Lounge -Informational site on GIS. ^ GITA -Geospatial Information & Technology Association. ^ NCGIA Core Curriculum in GIS -lecture notes for educators written by the National Center for Geographic Information Analysis (NCGIA). ^ National States Geographic Information Council (NSGIC) - An organization committed to efficient and effective govemment through the prudent adoption of geospatial information technologies. ^ Open Geospatial Consortium, Inc. ^ Open Source GIS Master Index of Open Source GIS Software ^ USGS GIS Poster- Frequently cited "What is GIS" poster. ^ GISWiki.NEWS.Reader Searchable feed aggregator for a large collection of GIS news, mostly in English. http://en.wikipedia.org/wiki/GIS 1/30/2008 Geographic information system -Wikipedia, the free encyclopedia Page 21 of 21 Retrieved from "http://en.wikipedia.org/wild/Geographic_information_system" Categories: Articles with limited geographic scope ~ All artic]es with unsourced statements ~ Articles with unsourced statements since February 2007 ~ Articles with sections needing expansion ~ Geography Geographic information systems ~ Geodesy Information systems (Cartography ~ Remote sensing This page was last modified 18:50, 30 January 2008. All text is available under the terms of the GNU Free Documentation License. (See Copyrights for details.) Wikipedia® is a registered trademark of the Wikimedia Foundation, [nc., a U.S. registered 501(c) (3) tax-deductible nonprofit charity. http://en.wikipedia.org/wild/GIS 1 /30/2008 ITEM NO: Urgency Item MEETING DATE: February 6, 2008 AGENDA SUMMARY REPORT SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT TO SOURCE CALIFORNIA FOR LAKE MENDOCINO HYDROELECTRIC POWER PLANT PROGRAMMABLE LOGIC CONTROL FOR: 1) UNIT 2 AT HIGHER FLOW RATES; 2) UNITS 1 AND 2 AT HIGHER FLOW RATES; AND 3) FISH HATCHERY PUMPS AUTO START BACKGROUND: On May 25, 2007, a Project Turnover and Acceptance (see Attachment 1) was signed by the City of Ukiah and Source California for the refurbishment and control system upgrade to Unit 1 and Unit 2 of the Lake Mendocino Hydroelectric Power Plant (Plant). There were two exceptions listed related to the programmable logic control (PLC) of both Units for releases at Coyote Dam (Dam) in excess of 180 cfs. In order to program the units for these higher flows, there must be sufficient flow available during the programming. Because those higher flows were not available in May of last year, that work was deleted from the project at that time and the funds were retained in the budget for later use, when sufficient flows are available. The Electric Fund Budget for FY 2007-2008 lists this work in account 800.5536.250.000. The Sonoma County Water Agency (SCWA) determines releases at the Dam when the Lake is in the conservation pool, and the United States Army Corps of Engineers (Corps) determines releases when the Lake is in the flood pool. Staff has been in contact with SCWA and the Corps requesting notification of anticipated Dam releases at higher flow rates in order to complete the PLC work at the Plant. Continued on page 2 RECOMMENDED ACTION: Authorize the City Manager to sign a Professional Services Agreement with Source California for Lake Mendocino Hydroelectric Power Plant programmable logic control work as outlined in the attached proposals in the amount of $48,236. ALTERNATIVE COUNCIL OPTIONS: Re-direct staff. FUNDING: Amount Budoeted $50,000 Account Number 800.5536.250.000 Additional Funds Requested None Citizens Advised: NA Requested by: Liz Kirkley, Electrical Distribution Engineer Prepared by: Liz Kirkley, Electrical Distribution Engineer Coordinated with: Pat Thompson, Interim City Manager; Mike Keller, Attachments: 1. Ukiah Hydro Project Turnover and Acceptance 2. Estimate for River Flow Control of Unit 2 3. Estimate for River Flow Control of Units 1 and 2 Interim Electric Director Approved:\~G(~{ U Pat Thompson, Interim'~City Manager CURRENT CONDITIONS: On January 31, 2008, staff was notified by the Corps that the Lake level would most likely be in the flood pool over the weekend, anticipating releases in excess of 500 cfs the week of February 4, 2008. Staff then contacted Source California requesting proposals (see Attachments 2 and 3) for all of the PLC work at higher flows in order to have the City Council authorization to proceed with this work as the water releases became available. Source California indicated they would be available to begin work the week of February 11, 2008 at a cost of $43,905. On February 4, 2008, staff received a confirmation from the Corps that the Lake was in the flood pool and releases would begin increasing that day. Staff put in a request to the Corps for releases in the 300-600 cfs range for the week of February 11, 2008. The Corps' response was that they intended to keep the Lake in the flood pool and would mostly likely be able to accommodate the City's desired releases for the PLC work during the week of February 11, 2008. ADDITIONAL WORK: Since the completion of the Plant refurbishment, the Department of Fish and Game has requested that the City program the fish hatchery pumps for auto start rather than rely on an alarm and manual start procedure. Source California indicated that having this work done in conjunction with the high flow PLC work would provide an opportunity for cost savings. The cost of the additional work for the fish hatchery pumps auto start is $4,331. Refer to Attachment 4 for the hatchery pumps auto start PLC proposal. Staff recommends authorizing the City Manager to enter into a Professional Services Agreement with Source California for the PLC work as outlined in the attached proposals from Source California in the amount of $48,236. J UKIAH HYDRO LAKE 1VIENDOCINO /COYOTE DAM PROJECT TURNOVER AND ACCEPTANCE Proiect Description Work performed per contractual agreements between The City of Ukiah and Source California Energy Services, Inc. (Source California) on the Lake Mendocino Hydroelectric Plant at Coyote Dam. Work included, but not limited to, the refurbishment and control system upgade to Unit 1 and Unit 2. The two Contracts between the City of Ukiah and Source California are the Engineering Services Agreement and the Lake Mendocino Hydroelectric Power Plant Refurbishment contract, both entered into in May 2006 (the "Project"). Proiect Acceptance Criteria V Each Unit (Units 1 and Unit 2) shall operate "Remotely" for a period of three (3) consecutive days without "Local" control. This shall he proved by the Unit being started, paralleled and shutdown from Roseville while maintaining proper river flow and not tripping offline. The successful completion of this acceptance criterion for Unit 2 was completed beginning May 10, 2007 at approximately 0830 hours. As of this writing, Unit 2 continues to operate in full remote control from Roseville. Unit 1 has operated remotely for a period of over three (3) days with the exception of a design problem with the thrust bearing. This period of time was from April 9, 2007, at approximately 1030 hours until April 12, 2007. at approximately 0650 hours. Unit 1 has been started, pazalleled, and shutdown from Roseville. At that time, maintaining proper river flow was successfully performed by the bypass calves. Exceptions: 1) River flow control while utilizing Unit 1 has not been tested due to non-operational status resulting from the above-mentioned design problem with the thrust bearing. 2) River flow control while utilizing either unit has only been tested successfully in the range from 80 cfs to 180 cfs due to limitations imposed by the river flow controlling agencies. Proiect Turnover Documentation Documentation shall consist of as-bunts, manuals for new equipment and test records that were used to re-furbish and bring units to operational status. This documentation shall be in hard and/or soft copy. J0604A-NCPA Page 1 of 3 Ukiah Hydro Lake Mendocino /Coyote Dam Project Turnover and Acceptance Punch List Items Punch List Items shall be small items or problems not completed at the time of "Project Turnover and Acceptance" and do not affect or impair the safe operation of the site. These items shall be listed "by unit" and will be signed off when completed by the designated person from Source California and/or City of iJkiah depending on the designated responsibility. Warranty Source Califomia shall comply with the warranties provided in its Contract with the City of Llkiah. The warranty period shall run for a period of 12 months, commencing on the date of acceptance, which the parties agree is May 25, 2007. PROJECT ACCEPTANCE SIGNOFF UNIT 1 SOURCE CALIFORNIA OWNER(S) CITY OF UKIAH ~,~~ "`s2pnr John Anth~on~i / Da~ .McMillan i 05/25/07 ~ ~__~~~%y~9 05/25/07 Date E/iza eth Kirk[ey Date 05/25/07 -'' Date unay Grande PROJECT ACCEPTANCE SIGNOFF UNIT 2 05/25/07 Date SOURCE CALIFORNIA OWNER(S) CITY ~O~F~UKIAH 05/25/07 f ~~v/-C 05/25/07 Date Eliza eth Kirkley Date 05/25/07 ~ ~+~- 05/25/07 Date Murray Grande Date J0604A-NCPA Page 2 of 3 Ukiah Hydro Lake Mendocino /Coyote Dam Punch List Items UNIT 1 -PUNCH LIST ITEMS NONE UNIT 2 -PUNCH LIST ITEMS Item Source No. Descri lion ECD Com California Ci of Ukiah ] Miscellaneous electrical cover plates need to be installed on the HPCU. They were not installed at the time of this acceptance because the installation was too high of a risk of tripping or changing unit operations. 3 Full load on this unit has not been attainable due to the fact the river flow controlling agencies have not allowed the required flow releases. As a result, the high gate limit stop has not been calibrated. 4 The HPCU Pump No. 1 discharge filter O-ring needs to be replaced. New O-ring is tie rapped to piping. Has not been replaced because it requires a unit outage. OTHER -PUNCH LIST ITEMS Item No. Descri tion ECD Com Source California Ci of Ukiah 1 Resolve issues and implement rework, if any, agreed to by the City of Ukiah, on the fish hatchery um sou ut flows. J0604A-NCPA Page 3 of 3 Source California Energy Services, baa 90 San Luis Street, Suites A&B ~ Avila Beach, CA 93424 - s o u r c U. S. Mailing Address: California P. O. Box 3151 energy serviccn San LUIS Obispo, CA 93403 ja@sourcecalifomia.com February 1, 2008 Ms. Elizabeth Kirkley _ Electrical Distribution Engineer City of Ukiah 411 West Clay Street Ukiah, CA 95482-5400 Subject: Estimate for River Flow Control of Unit 2 Lake Mendocino Hvdro Power Plant Dear Ms. Kirkley: Thank you for your request for an estimate from Source California Energy Services (Source Cal'Ifomia) to provide engineering and design services for the Ukiah Hydro Power Plant. The following proposal is for a portion of the remaining project work that could not be performed at the time of the project site completion (May 2007) because of insufficient river flow conditions. BACKGROUND River flow control utilizing either unit has only been tested successfully in the range from 80 to 180 cfs (cubic feet per second) due to limitations imposed by the river flow controlling agencies. River flow control project work on utilizing Unit 1 will not be possible due to Unit 1 nonoperational status (thrust bearing oil cooler modficetion). River flow control of flows higher than 600 cfs will need to be done at a later time when river flow conditions permit the work to done (for both units). SCOPE OF WORK Source California shall perform and project mange the following itemized Scope of Work) along with limited subcontractor (Westin Engineering) support: 1. Perform and provide the logic and graphics design and engineering, 2. Implementation and tuning for the river Flow control logic and graphics for Unit No. 2 for the current higher river flow conditions (300 to 600 cfs). 3. Provide supporting documentation of completed work. SCHEDULE Source Calrfomia may commence the above Scope of Work upon issuance of a purchase order, contract or other approving document. The actual start date is to be negotiated (to be determined [rBD]). The above Scope of Work is estimated to take one week to complete 2 Phone: 805.595.9900 www.sourcecal'rfomia.com FAX: 805.888.2882 SCES Estimate No. J0802A-Ukiah CONFIDENTIAL • Page 2 February 1, 2008 With prior arrangement with customer, the facility (Lake Mendocino Hydroelectric Power Plant) is accessible and available to perform the above Scope of Work. 2. The HMI and engineering work stations are operational and available to perform the above scope of work. PRICING AND TERMS OF PAYMENT The above discussed Scope of Work is estimated to be performed for an estimated price of $14,635. This price includes all materials, subcontract costs, labor and expenses required to perform all of the above Scope of Work, subject to the above discussed assumptions. In lieu of actual expenses, a per diem of $125 per day is used. Labor: $144Mour (40 hours) _ $ 5,760 Expenses: Source Califomia: $125/Day Per Diem = $ 625 Subcontractor: Westin Engineering, including expenses = $ 8,250 TOTAL $14,635 Invoices are issued monthly. Payment terms are Net 30 days from date of receipt of correct invoice. Source Califomia is responsible to assure all documentation is correct and complete when submitted. Late fees of 1-112% per month may be assessed for payment received 30 days after invoicing. 2. This offer of this proposal is extended until the end of 2008. Source Califomia warrants and guarantees that it will perform its services in accordance with the standards of care, thoroughness, competence normally practiced by recognized firms in the industry in performing services of a similar nature at the time of performance of the Services. ff any part of Source California's work is discovered to be defective for reasons attributable to Source Califomia within a period of 12 months after completion of the work, Source Califomia will re-perform at its own expense. Please contact me at 805-595-9900 for any questions you may have regarding this estimate. Best Regards, !~!'~~ JOHN ANTHONI Executive Director ce: DJMcMillan (SCEs) VJWoo (SCEs) ODStephenson (SCEs) File Attachments: Exhibit B: Compensation Exhibit C: Costs and Expenses Phone: 805.595.9900 www.sourcecal'rfomia.oom FAX: 805.888.2882 SCEs Estimate No. J0802A-Ukiah CONFIDENTIAL EXHIBIT B COMPENSATION Labor Charges Except as noted below, the Invoice Rate for the time personnel are directly engaged in the performance of the Services and located at Source California Energy Services' (Source Cal'rfomia) offices, at Customer designated facilities, or en route between facilities shall be equal to the appropriate straight-time, overtime and/or emergency call-out hourly billing rates as defined by Source California.. Labor costs for all chargeable travel shall be calculated on the basis of straight time or emergency cellout time, as applicable. Unless otherwise agreed to in writing, Source California must receive prior authorization from Customer before incurring overtime pay costs in performance of Services for Customer. The defned rates for Source California's personnel categories listed below are valid from January 1, 2008 through December 31, 2008, and are subject to change upon written notrficetion to Customer: Category Level Ertr to ee C o Straight Time Rate 1 ___ Principal Engineer $165.00/hr 2__ Project Manager /Process Controls Specialist $144.00/hr 3 Senior Engineer /Technical-Specification Writer /Maintenance $129.00/hr ___ 4 Construction Supervisor/ Inspector $108.00/hr 5 Engineer $108.00/hr 6_ _ Cost & Scheduling Engineer _ _ $ 98.00/hr 7_ _ __ Technical Analyst $ 88.00/hr ______8______ _ Designer / CADD Operator /Facility Technician $ 72.00/hr 9 Administrative Assistant $ 62.00/hr 10 Technician $ 93.00/hr The above rates include all direct and indirect costs except reimbursable expenses. Indirect costs include such items as overhead, profit, and such statutory and customary fringe benefits as social security contributions, sick leave, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, bonuses, annual leave, and holiday pay. Source Califomia recognizes nine holidays per year: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving Day and Christmas Day. Emergency callout shall be billed at a 4-hour minimum and at the overtime rate. Overtime is billed as defined by the Calfornia Labor Code. In summary, an overtime rate of one and one-half times the straight time labor rate will apply to hours worked in excess of eight hours per day, 40 hours per week and the first eight hours of the seventh consecutive day worked. Hours worked in excess of 12 hours per day and past eight hours on the seventh consecutive day worked will be billed at twice the straight-time labor rate. Notwithstanding the above, there will be no labor costs charged to Customer for the following activities performed by Source California: 1) Invoice Preparation, Revisions or Processing 2) Preparation of Request for Services Source California Energy Services, Inc. Exhibit B-Compensation 0108 EXHIBIT C COSTS AND EXPENSES 1. Materials and Subcontracted Services: Any required materials and Subcontractor services will be billed at cost plus 10%. 2. Reimbursable Personal Expefises: When applicable, reimbursement of personal expenses will be billed at cost with no mark up. The following are examples of typical personal expenses: a) Food and meals while on out-of-town travel status. b) Car rentals. c) Employee-owned car, reimbursed at IRS allowable rate. d) Lodging including hotels incurred in accordance with Source California's standard policies for out-of-town travel. e) Hired ground transportation, including taxis. f) Airfares for air travel but in no case more than full coach-class airfare. g) Reasonable and customary miscellaneous personal and incidental expenses incurred while traveling. Source California Energy Services, lnc. ~ Exhibit C-Cost and Expesnes 050007 s ..~-~ S a u r c~ California Energy Services February 5, 2008 Ms. Elizabeth Kirkley Electrical Distribution Engineer City of Ukiah 411 West Clay Street Ukiah, CA 95482-5400 Source California Energy Services, Inc. 90 San Luis Street, Suites A&B Avila Beach, CA 93424 U. S. Mailing Address: P. O. Box 3151 San Luis Obispo, CA 93403 ja@sourcecal'rfom ia.com Subject: Estimate for River Flow Control of Units 1 and 2 at Lake Mendocino Hydro Power Plant Dear Ms. Kirkley: Thank you for your request for an estimate from Source Cal'rfomia Energy Services (Source Cal'rfomia) to provide engineering and design services for the Ukiah Hydro Power Plant. The following proposal is for the remaining portion on both Units 1 and 2 of the project work that could not be performed because of insufficient river flow conditions and non-operability of Unit 1. Source Catifomia shall perform and project mange the following itemized Scope of Work, along with limited subcontractor (Westin Engineering) support: 1. Perform and provide the logic and graphics design and engineering. 2. Implementation and tuning for the river flow control logic and graphics for Unit No. 2 from 600 cfs to the highest anticipated river flow conditions. 3. Implementation and tuning for the river flow control logic and graphics for Unit No. 1 from 300 to 600 cis, and from 600 cfs to the highest anticipated river flow conditions. 4. Provide supporting documentation of completed work. SCHEDULE Source California may commence the above Scope of Work upon issuance of a purchase order, contract or other approving document. The actual start date is to be negotiated (to be determined [TBD]). The above Scope of Work is estimated to take two weeks to complete. ASSUMPTIONS With prior arrangement with customer, the facility (Lake Mendocino Hydroelectric Power Plant) is accessible and available to perform the above Scope of W ork. 2. The HMI and engineering work stations are operational and available to perform the above scope of work. 3. Uni11 is fully operational and available to perform the above Scope of Work. Phone: 805.595.9900 wHw.sourcecalifomia.com FAX: 805.888.2882 SCES Estlmate No. J0802E-Ukiah CONFIDENTIAL • Page 2 February 5, 2008 PRICING AND TERMS OF PAYMENT The above discussed Scope of Work is estimated to be performed for an estimated price of $29,270. This price includes all materials, subcontract costs, labor and expenses required to perform all of the above Scope of Work, subject to the above discussed assumptions. In lieu of actual expenses, a per diem of $125 per day is used. Labor: $144IHour(80 hours) _ $ 11,520 Expenses: Source Cal"rfomia: $125/Day Per Diem = $ 1,250 Subcontractor: Westin Engineering, including expenses = $ 16,500 TOTAL $29,270 Invoices are issued monthly. Payment terms are Net 30 days from date of receipt of correct invoice. Source Califomia is responsible to assure all documentation is correct and complete when submitted. Late fees of 1-1 /2% per month may be assessed for payment received 30 days after invoicing. 2. This offer of this proposal is extended until the end of 2008. Source Califomia warants and guarantees that it will perform its services in accordance with the standards of care, thoroughness, competence normally practiced by recognized firms in the industry in performing services of a similar nature at the time of performance of the Services. If any part of Source California's work is discovered to be defective for reasons attribuNable to Source Califomia within a period of 12 months after completion of the work, Source Califomia will re-perform at its own expense. Please contact me at 805-595-9900 for any questions you may have regarding this estimate. Best Regards, JOH~ONI Executive Director ce: DJMcMillan (SCEs) VJWoo (SCEs) ODStephenson (SCEs) File Attachments: Exhibit 8: Compensation Exhibit C: Costs and Expenses Phone: 805.595.9900 www.sourcecal'rfomia.com FAX: 805.888.2882 SCEs Estimate No. J0802E-Ukiah CONFIDENTIAL EXHIBIT B Labor Charges Except as noted below, the Invoice Rate for the time personnel are directly engaged in the performance of the Services and located at Source California Energy Services' (Source California) offices, at Customer designated facilities, or en route between facilities shall be equal to the appropriate straight-time, overtime and/or emergency call-out hourty billing rates as defined by Source California.. Labor costs for all chargeable travel shall be calculated on the basis of straight time or emergency call-out time, as applicable. Unless otherwise agreed to in writing, Source California must receive prior authorization from Customer before incurring overtime pay costs in performance of Services for Customer. The defned rates for Source California's personnel categories listed below are valid from January 1, 2008 through December 31, 2008, and are subject to change upon written notification to Customer: Category Level IEm to a Cats o Straigfit Time Rate 1 __ Principal Engineer $165.00/hr 2 _ ___ Project Manager I Process Controls Specialist $144.00/hr 3__ Senior Engineer ITechnical-Specification Writer /Maintenance $129.00/hr 4 Construction Supervisor /Inspector $108.00/hr 5 Engineer $108.00/hr 6 Cost & Scheduling Engineer $ 98.00/hr 7 Technical Analyst $ 88.00/hr 8 __ _--... Designer / CADD Operator /Facility Technician $ 72.00/hr 9 Administrative Assistant $ 62.00/hr 10 Technician $ 93.00/hr The above rates include all direct and indirect costs except reimbursable expenses. Indirect cests include such items as overhead, profit, and such statutory and customary fringe benefits as social security contributions, sick leave, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, bonuses, annual leave, and holiday pay. Source California recognizes nine holidays per year: New Year's Day, President's Day, Memorial Day, Independence Day, Lahor Day, Veteran's Day, Thanksgiving Day, day aRer Thanksgiving Day and Christmas Day. Emergency call-out shall be billed at a 4-hour minimum and at the overtime rate. Overtime is billed as defined by the California Labor Code. In summary, an overtime rate of one and one-half times the straight time labor rate will apply to hours worked in excess of eight hours per day, 40 hours per week and the first eight hours of the seventh consecutive day worked. Hours worked in excess of 12 hours per day and past eight hours on the seventh consecutive day worked will be billed at twice the straight-time labor rate. Notwithstanding the above, there will be no labor costs charged to Customer for the following activities performed by Source California: 1) Invoice Preparation, Revisions or Processing 2) Preparation of Request for Services Source California Energy Services, Inc. Exhibit B-Compensation 0108 EXHIBIT C COSTS AND EXPENSES 1. Materials and Subcontracted Services: Any required materials and Subcontractor services will be billed at cost plus 10%. 2. Reimbursable Personal Expenses: When applicable, reimbursement of personal expenses will be billed at cost with no mark up. The following are examples of typical personal expenses: a) Food and meals while on out-of-town travel status. b) Car rentals. c) Employee-owned car, reimbursed at IRS allowable rate. d) Lodging including hotels incurred in accordance with Source California's standard policies for out-of-town travel. e) Hired ground transportation, including taxis. f) Airfares for air travel but in no case more than full coach-class airfare. g) Reasonable and customary miscellaneous personal and incidental expenses incurred while traveling. Source California Energy Services, inc. 1 Exhibit C-Cost and Expesnes 050007 5' n u r c i California Energy Serv ice+ Source California Energy Services, Inc. 90 San Luis Street, Suites A&B Avila Beach, CA 93424 U. S. Mailing Address: P. O. Box 3151 San Luis Obispo, CA 93403 ja@sou rcecal'rfomia.com February 1, 2008 Ms. Elizabeth Kirkley Electrical Distribution Engineer City of Ukiah 411 West Clay Street Ukiah, CA 95482-5400 Subject: Estimate for Lake Mendocino Fish Hatchery Controls (PLC) Dear Ms. Kidcley: Thank you for your request for an estimate from Source California Energy Services (Source Cai'rfomia) to provide engineering and design services for the Fish Hatchery at Lake Mendocino. The "hardwired" portion of the fish hatchery control system was completed last year. The manual functions are operational. Source Calrfomia shall perform and project mange the following itemized Scope of Work) along with limited subcontractor (Westin Engineering) support: 1. Design, program and install the fish hatchery pump auto-starUcontrols progrem (logic and graphics) into the Ukiah Hydro Plant computer (PLC). 2. Test the system and verify correct functioning of the new control system in all modes of operation (auto and manual). 3. Provide supporting documentation of completed work. SCHEDULE Source California can commence the above Scope of Work upon issuance of a purchase order, contract or other approving document. The actual start date will be negotiated (to be determined (TBD]). The above Scope of Work is estimated to take three days to complete. Phone: 805.595.9900 ww~v.sourcecal'rfomia.com FAX: 805.888.2882 SCES Estimate No. J0802B-Ukiah CONFIDENTIAL • Page 2 February 1, 2008 With prior arrangement with customer, the facility (Lake Mendocino Hydroelectric Power Plant) is accessible and available to perform the above Scope of Work. 2. The HMI and engineering work stations are operational and available to perform the above Scope of Work. PRICING AND TERMS OF PAYMENT The above discussed Scope of Work is estimated to be performed for an estimated price of $4,331. This price includes all materials, subcontract costs, labor and expenses required to perform all of the above Scope of Work, subject to the above discussed assumptions. In lieu of actual expenses, a per diem of $125 per day is used. Labor: $144/Hour (24 hours) _ $ 3,456 Expenses: Source Califomia: $125/Day Per Diem = $ 375 Subcontractor: Westin Engineering, including expenses = $ 500 TOTAL $ 4,331 Invoices are issued monthly. Payment terms are Net 30 days from date of receipt of correct invoice. Source Califomia is responsible to assure all documentation is correct and complete when submitted. Late fees of 1-1/2% per month may be assessed for payment received 30 days after invoicing. 2. This proposal's offer is extended until the end of 2008. Source Calrfomia warrants and guarantees that it will perform its services in accordance with the standards of care, thoroughness, competence normally practiced by recognized fines in the industry in performing services of a similar nature at the time of performance of the Services. If any part of Source California's work is discovered to be defective for reasons attributable to Source Califomia within a period of 12 months after completion of the work, Source Calrfomia will re-perform at its own expense. Please contact me at805-595-9900 for any questions you may have regarding this estimate. Best Regards, G%%'~ JOHN ANTHONI Executive Director cc: DJMcMillan (SCEs) VJWoo(SCES) ODStephenson (SCEs) File Attachments: Exhibit B: Compensation Exhibit C: Costs and Expenses Phone: 805.595.9900 w~nvd.sourcecal'rfomia.com FAX: 805.888.2882 SCEs Estimate No. J08028-Ukiah CONFIDENTIAL EXHIBIT B COMPENSATION Labor Charstes Except as noted below, the Invoice Rate for the time personnel are directly engaged in the performance of the Services and located at Source Califomia Energy Services' (Source Califomia) offices, at Customer designated facilities, or en route between facilities shall be equal to the appropriate straight-time, overtime and/or emergency call-out howdy billing rates as defined by Source Califomia.. Labor costs for all chargeable travel shall be calculated on the basis of straight time or emergency cellout time, as applicable. Unless otherwise agreed to in writing, Source California must receive prior authorization from Customer before incurring overtime pay costs in performance of Services for Customer. The defined rates for Source California's personnel categories listed below are valid from January 1, 2008 through December 31, 2008, and are subject to change upon written not cation to Customer: Category Level Ern to a Ga o Straight Time Rate 1 Principal Engineer $165.00/hr 2 Project Manager /Process Controls Specialist $144.00/hr 3 Senior Engineer /Technical-Specification Writer /Maintenance $129.00/hr 4 Construction Supervisor /Inspector $108.00/hr 5 Engineer $108.00/hr 6 Cost & Scheduling Engineer $ 98.00/hr 7 Technical Analyst $ 88.00/hr 8 Designer / CADD Operator /Facility Technician $ 72.00/hr 9 Administrative Assistant $ 62.00/hr 10 Technician $ 93.00/hr The above rates include all direct and indirect costs except reimbursable expenses. Indirect costs include such items as overhead, profit, and such statutory and customary fringe benefits as social security contributions, sick leave, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefrls, bonuses, annual leave, and holiday pay. Source California recognizes nine holidays per year: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving Day and Christmas Day. Emergency callout shall be billed at a 4-hour minimum and at the overtime rate. Overtime is billed as defined by the California Labor Code. In summary, an overtime rate of one and one-half times the straight time labor rate will apply to hours worked in excess of eight hours per day, 40 hours per week and the first eight hours of the seventh consecutive day worked. Hours worked in excess of 12 hours per day and past eight hours on the seventh consecutive day worked will be billed at twice the straight-time labor rate. Notwithstanding the above, there will be no labor costs charged to Customer for the following activities performed by Source California: 1) Invoice Preparation, Revisions or Processing 2) Preparation of Request for Services Source Ca/ijarnia Energy Services, Inc. Exhibit 8-Compensation 0108 EXHIBIT C COSTS AND EXPENSES 1. Materials and Subcontracted Services: Any required materials and Subcontractor services will be billed at cost plus 10%. 2. Reimbursable Personal Expenses: When applicable, reimbursement of personal expenses will be billed at cost with no mark up. The following are examples of typical personal expenses: a) Food and meals while on out-of-town travel status. b) Car rentals. c) Employee-owned car, reimbursed at IRS allowable rate. d) Lodging including hotels incurred in accordance with Source California's standard policies for out-of-town travel. e) Hired ground transportation, including taxis. f) Airfares for air travel but in no case more than full coach-class airfare. g) Reasonable and customary miscellaneous personal and incidental expenses incurred while traveling. Source California Energy Services, lnc. ~ Exhibit C-Cost and Expesnes 050007