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2002-03-20 Packet
OCLAMATION' WHEREAS, Logging and Forest Families provide an economic foundation for our communities through jobs and revenue; and WHEREAS, the City of Ukiah recognizes the historical and continuing contribution to the economic and cultural prosperity that Logging and Forest Families provide to our County; and WHEREAS, the Redwood Region Logging Conference will honor Logging and Forest Families and their role in communities throughout the Redwood Region at their 2002 Conference. WHEREAS, the theme of the 64th Annual Conference is "LOG ON - Going Hi Tech in the Twenty-first Century". NOW, THEREFORE, I, Phillip Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phil Baldwin, Kathy Libby, Roy Smith, and Eric Larson urge all citizens to attend the 64TH ANNUAL REDWOOD REGION LOGGING CONFERENCE to be held at the Redwood Empire Fairgrounds, March 21-23, 2002, and the City Council of the City of Ukiah hereby salutes timber workers, their families, and their significant contribution to communities throughout the Redwood Region. Dated: M~rch 20 Phillip Ashiku, Mayor 3a ITEM NO. MEETING DATE: AGENDA SUMMARY REPORT 3b March 20, 2002 SUBJECT: INTRODUCTION OF EXECUTIVE ASSISTANT SHANNON RILEY Due to the recent resignation of Executive Assistant Karen Yoast, who moved to the Redding area, I am very pleased to introduce our new Executive Assistant, Shannon Riley, to the City Council. Shannon is a highly motivated individual with excellent management and public relation skills. Shannon is relocating to Mendocino County from San Francisco, where she has worked as an Administrative Assistant and Supervisor for several real estate companies in the Bay area. Previous to her current employment experience, Shannon was a teacher at the Eagle Peak Middle School in Redwood Valley. Shannon comes to the City of Ukiah with excellent references, receiving top qualifying points from her past employers as providing a high level of administrative support, supervision, coordination of major projects, and having the ability to work with a variety of issues throughout the day. Shannon was also credited for being a wonderful liaison with the public and other employees whom she deals with on a daily basis. We are very pleased to welcome Shannon Riley to our Staff. RECOMMENDED ACTION: Join Staff in welcoming Shannon Riley to the City of Ukiah team. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Attachment: Shannon Riley, Executive Assistant to the City Manager Candace Horsley, City Manager Candace Horsley, City Manager None 4:Can:kk Candace Horsier, C~[y Manager ASRShannon MEMO TO' Honorable Mayor and City Councilmembers FROM: City Clerk Marie Ulvila SUBJECT: City Council Meeting Minutes: March 6, 2002 DATE- March 15, 2002 Every attempt will be made to provide Council with a copy of the draft minutes of the March 6, 2002 City Council meeting no later than Monday, March 18, 2002. Memos: CC031502 - Minutes ITEM NO.: 6a DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF FEBRUARY 2002 Payments made during the month of February, 2002, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 37335-37472, 37573-37741, 37843-37922 Accounts Payable Manual check numbers: 35460 Payroll check numbers: 37473-37572, 37742-37842 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of February, 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Candace H~rsle~/, 'CitlManager KRS:W ORD/AGENDAFEB02 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF FEBRUARY 2002 Demand Payments approved: Check No. 37335-37472, 37573-37633, 37634-37741, 37843-37922, 35460 FUNDS: 100 General Fund 131 Equipment Reserve Fund 142 National Science Foundation 143 N.E.H.I. Museum Grant 150 Civic Center Fund 200 Asset Seizure Fund 203 H&S Education 11490(B)(2)(A)(I) 204 Federal Asset Seizure Grants 205 Sup Law Enforce Srv. Fd (SLESF) 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant 220 Parking Dist. #10per & Maint 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 260 Downtown Business Improvement 310 Special Aviation Fund 332 Federal Emerg. Shelter Grant 333 Comm. Development Block Grant 334 EDBG 94-333 Revolving Loan 410 Conference Center Fund 550 Lake Mendocino Bond 555 Lake Mendocino Bond Reserve 575 Garage 600 Airport 612 City/District Sewer 640 San Dist Revolving Fund $139,408.94 $1,012.50 $1,822.87 $1,666.66 $582.81 $57,4O6.5O $15,476.61 $12,905.27 $14,807.75 $8,45O.22 $2,490.58 $27,098.51 $59,140.19 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 670 U.S.W. Bill & Collect 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendo Emerg Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 37473-37572 DIRECT DEPOSIT NUMBERS 12519-12639 PAYROLL PERIOD 1/20/02-2/2/02 PAYROLL CHECK NUMBERS 37742-37842 DIRECT DEPOSIT NUMBERS 12640-12762 PAYROLL PERIOD 2/3/02-2/16/02 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $33,571.62 $1 ,O82.85 $2 915.59 $7 393.52 $9 O84.96 $1 702.33 $4 414.64 $7 669.24 $1 283.77 $585 587.34 $12.240.28 ;11.75 $35 075.64 $4 828.00 $165,545.26 $910.33 $29,041.64 $8,256.6O $5,573.21 $1,258,457.98 $69,426.71 $140,400.61 $280,111.41 $1,748,396.71 VOID CHECK NUMBERS: NONE CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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Oc~ Z 0 > ~0 ©> 0 > 0~~ H ~Z u~ Z~ 0 ~ Z ~O~O~OHO~O H2H~H~H~HHH 0 U Z Z Z ~ U -45- Z o~ ~° S o O o u% u~ oo DDDDD 000000 0 ZZ~ZZ> HHH MHH~ C). · . ~ ° · · c> · o O~ U~ Z 0 > O~ ~ H H % Z ~O ~-~ , 0 O~mO~ O 0 O~ ~ H r..a r,j -46- O~ rj · > o o °~ LD L0 O0 0 0 o~o~oo~oo~o 0000000000000000 0 0 ~ ° ~ ~°° O0 ~ 000 00~0 0~~00~0~0~0~ ....... 0 o~o~oo~oo~ o o~ ~ DDDD~DDDDDDDDDDDffi ~0:> ~0 U U © o~ Z 0 0 ~ Z ~ > OUUU~UUU~UUUUUUUU 0000000000000000 ,<0 Ca 0 . E--, rJ , U E3 6-,2:::)0 000 0 Z > Z 0 -47- o o o o o o [,-- %0 o o o CD ~° ~ ~o o o~ ~o ~ cq o o o · . D D [-q mm> Z ~o o ~ O~HHHH Z > o oo o~ u ~Z z~ ~m ODD ~300 -48- E) · o > 0 © U Z · 0 O~ U% <o Z 0 Z~ 0 ~ Z~ -49- q.4 ~ 0 Z~ O~ ~o Z 0 Z~ O~ Z~ -59- 6b ITEM NO. DATE: MARCH 20, 2002 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM JULIA D. ACEVEDO AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Julia D. Acevedo was received by the City of Ukiah on February 27, 2002 and alleges damages related to a trip and fall at 111 South State Street on October 7, 2001. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Julia D. Acevedo And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Julia D. Acevedo, pages 1-3. APPROVED: Candace Horsley, City ~anager mfh:asrcc02 0320CLAIM '' ~ , I NOTICE OF CLAIM AGAINST , THE CITY oF UKIAH, CALIFORNIA I This clair~ must be presented, as presc~fbed by Parts 3 and4 of Division 3.6, of 7~tle 'f, of State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CITY OF UKIAH Attn: City Cled~ · - 300 Semina~ Avenue Ukiah, California 95482 1, CLAIMANT'S NAME: JULIA D. ACEVEDO FEB 2 7 2002 CITY OF UKIAH CITY CLERK'S DEPARTMENT , e m , CLAIMANT'S ADDRESS: 421 Clara Avenue, A]~artment "A" Number/Street and/or Post Office Box Ukiah, California 95482 City State Zip Code (707) 463-8854 Home Phone Number (707).1576-4000 Work Phone Number PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (ff different from above): HUGH L. PRESTON, LAW OFFICES :¥ame 207 West Stephenson Street Number/Street and/or Post Office Box Ukiaht California City State (707) 462-8755 Telephone 95482 Zip Code DATE oF THE ACCIDENT OR OCCURRENCE: October 7, 2001 PLACEOFACCIDENTOR OCCURRENCE East curb South State Street about 3 feet North of 111 South State Street. GENERAL DESCRIPTION OF THEACCIDENTOR OCCURRENCE ~achaddi~%nalpage(s),ffmom space ~neede~: Dislocated left ankler tore liqamentsr injured left knee as she was stepping off curb to enter car when she stepped on broken curb causing the above injuries. See attached picture of defective curb marked Exhibit "A". e NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR Loss: Street and curb maintenance Departme. nt , , City of Ukiah. WITNESS(ES), ff known (optional): Name a. CLAIMANT Address Telephone ABOVE ABOVE b. SERGIO ACEVEDO ABOVE ABOVE . DOCTOR(S)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREATED: Name Address =:' & UKIAH VALLEY MEDICAL CENTER 275 Hospital Drive, b. Sent to orthopedist - haven't seen him yet". 7 0 7-4 6 2-3T~t~°n~ . 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the claim: Don't have the medical bills yet. ' - . 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) a~ of the date of presentation of the claim, including the estimated amount of any prospective injury, damage orloss, in=ofaras it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10, 000), no dollar amount shaft be included in the claim. However, it shall indicate whetherthe claim would be a limited civil case (CCP § 85). ' Amount Claimed $ 2 5,0 0 0.0 0 · or Applicable Jurisdiction_ limited 12. THE BASIS OP COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages foc Orthopedist Physical Therapist General damages: b. 'Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ Future loss of earnings: $ Other prospective special damages: $ Prospective general damages:. $ $ UNKNOWN $ UNKNOWN ., $ $ $ $ UNKNOWN Ill Ill UNKNOWN saccording to proo= ,, $ According , According Proo~ to Prool- ,, This claim must be signed by the claimant orby some person on his/her behalf. A claire'relating to a cause of action for death or for injury to the person or to personai properly or growing crops shali be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. Dated: 11/6/200]. ~ ~ .~tGNA~UR~._,O.F~C~ANT(S) ATTORNEY FOR --~U L ~D i IReceived in the Office of the City Clerk this ~ q day of ~-~~~Z_-~z~._.z .20d)..~ . NOTE: This form of claim is for your convenience Only. Any other type ofy b used lf desire , as long as it satisfies the requirements of the Government Code. The use of this form is not Intended in any way to advise you of your legal rights or to interpret any law. If you ~re in doUbt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 2000 -- 'Z_" AGENDA SUMMARY ITEM NO. 6c. DATE: March 20, 2002 REPORT SUBJECT: APPROVAL OF ENERGY CONSERVATION PROGRAM PERSONNEL CHANGES Based upon the City Council's recent approval of the Energy Conservation Program, the Billing and Collections Department has crafted a plan for implementing and developing the Program by re-arranging duties and responsibilities of current billing and collection staff, under program direction of the Customer Services Supervisor. Several advantages are realized by utilizing current Customer Service Representatives and Utility Support staff for program development and implementation. The greatest benefit is the immediate availability of existing staff who are already familiar with the Ukiah C.A.R.E.S. program and Finance Department procedures, thus eliminating the need for recruitment, hiring, and training of new personnel. The most significant change to the Billing and Collections staff would be an increase in the number of hours and the hourly wage of an existing part-time Utility Support Clerk. This would allow for increased duties and volume of workload as other billing and collections staff duties and responsibilities are re-arranged to facilitate program implementation. Staff is requesting Council's approval to upgrade a part-time Utility Support Clerk position as follows: - Increase weekly hours from 20 to 35. - Increase hourly wage from $7.00 to $9.75. This change, along with Electric Department staff support, should provide adequate resources to enable the City of Ukiah to implement the Energy Conservation Program. RECOMMENDED ACTION: Approve an increase to 35 hours per week and $9.75 per hour for an existing Utility Support Clerk. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not approve the increase in weekly hours and wage and provide direction to Staff. 2. Remand this issue to Staff for additional information. Requested by: Prepared by: Coordinated with: Attachments: Melody Harris, Personnel Officer Melody Harris, Personnel Officer and Patsy Archibald, Customer Services Supervisor Candace Horsley, City Manager None. APPROVED: ~~ll' Ca~fl~tce Horsleg, ~ity ~anager 3:\per\asrenergycons AGENDA SUMMARY ITEM NO. 6d DATE- March 20, 2002 REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING EMERGENCY REPAIRS TO FIRE ENGINE (#6584)IN THE AMOUNT OF $15,442.12 BY STEWART & STEVENSON Emergency repairs were made to the Fire Department's 1995 Engine #6584 as a result of the transmission cooler failing. Internal leaking caused water to enter into the transmission which melted the clutch plates. Stewart & Stevenson of San Francisco completed all necessary repairs at a cost of $15,442.12. The Engine was service tested and placed back into service. This report serves as notice to the City Council of this action per Ukiah City Code Section 1530. RECOMMENDED ACTION' Receive and file report regarding the emergency repairs to the Fire Department's Engine #6584 in the amount of $15,442.12. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised' N/A Requested by: Fire Department Prepared by: Chuck Yates, Acting Fire Chief Coordinated with: Candace Horsley, City Manager Attachments' N/A APPROVED: "-'C~ndace Horsley, ~ Manager mfh:ASRCityCouncil Agendasummary6584reparis AGENDA SUMMARY ITEM NO. 8(a) DATE: March 20, 2002 REPORT SUBJECT: ACCEPTANCE OF WEST HILLS CONSTRAINTS ANALYSIS STUDY SUMMARY: Last fall, the City entered into a contract with Leonard Charles and Associates to prepare a Constraints Analysis and Buildout Study for the approximate 496 acres located in the Residential/Hillside Zoning District. The draft Study was completed and distributed for review and comment, and is now ready for consideration and formal acceptance by the City Council. The City Planning Commission conducted a public hearing on February 27, 2002, and discussed the study. After hearing from the public, and dialoging amongst themselves, the Commission voted unanimously to recommend that the City Council formally accept the Study. BACKGROUND: The purpose of the Western Hillside Constraints Analysis is to identify the constraints to development in the western hillside area, and to reach conclusions (continued on page 2) RECOMMENDED ACTION: 1) Conduct a public hearing; and 2) formally accept the Ukiah Western Hills Constraints Analysis Study ALTERNATIVE COUNCIL POLICY OPTIONS: Do not accept the Study and provide direction to staff Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. . N/A Charley Stump, Director of Planning and Community Development Charley Stump, Director of Planning and Community Development Candace Horsley, City Manager Ukiah Western Hills Constraints Analysis Study (previously distributed to the City Council) Planning Commission Staff Report and Minutes, dated February 27, 2002 Candace Horsley, Ci~ Manager regarding the buildout potential. The Study assesses the effects of development under the existing hillside regulations in the Study Area, and provides important information to the City in its current efforts to revise the regulations. The Ukiah Western Hillside Constraints Analysis Study is an informational document rather than a policy document, and does not describe site-specific constraints for individual properties within the study area. It is intended to provide the City with an overview of sensitive resources in the designated hillside area, and to describe the possible range of constraints and impacts that could result from future development. The Study includes an executive summary, a discussion of the methodology and report format, and a description of the study area. It describes the environmental constraints and possible impacts related to the following topics: geology and soils, vegetation, wildlife, hydrology, fire hazard, aesthetics, traffic and circulation, public services, and recreation. The Study concludes that the potential buildout of the entire study area could be as many as 66 homes. Of these, 46 could theoretically be built on the six largest parcels (237 acres), but in all likelihood, the constraints would limit this number to 20-30 homes. CONCLUSION: Staff agrees with the Planning Commission's finding that the Study is well written, comprehensive, and contains an objective and meaningful analysis. We believe that it will provide important information for Staff, the general public, and decision makers during the process of revising the Hillside Development Regulations. RECOMMENDATION: After the conduct of a public hearing, formally accept the Ukiah Western Hills Constraints Analysis Study. CONSULTANT PRESENTATION: Mr. Leonard Charles, Planning Consultant and author of the Study will be in attendance at the March 20, 2002 meeting to give a brief presentation and answer questions. STATUS OF THE HILLSIDE ZONING REGULATION REVISIONS: Staff is currently working on preliminary draft revisions, and hopes to conduct a workshop with the Planning Commission and interested public during the month of April. Staff Report to the Planning Commission WEST HILLS CONSTRAINTS ANALYSIS STUDY ITEM NO. 8-B Meeting Date: February 27, 2002 City of Ukiah BACKGROUND: The City recently contracted with a professional planning consultant to prepare a Western Hillside Constraints Analysis Study. The purpose of the Study is to identify the constraints to development in the western hillside area, and to reach conclusions regarding the buildout potential. The Study assesses the effects of development under the existing hillside regulations in the Study Area, and provides important information to the City in its current efforts to revise the regulations. The Ukiah Western Hillside Constraints Analysis Study is an informational document rather than a policy document, and does not describe site-specific constraints for individual properties within the study area. It is intended to provide the City with an overview of sensitive resources in the designated hillside area, and to describe the possible range of constraints and impacts that could result from future development. PURPOSE OF PLANNING COMMISSION REVIEW: Staff is requesting that the Planning Commission review the Study and formulate a recommendation as to its adequacy to the City Council. Mr. Leonard Charles, the consultant who prepared the Study will be present to provide an overview of the findings, and to answer questions. NO SITE VISIT REQUIRED: The review of the West Hills Constraints Analysis Study does not involve any discretionary actions that are quasi-judicial in nature, and therefore each Planning Commissioner does not have to visit the hillside area prior to participating in the formulation of a recommendation to the City Council. DEPARTMENT RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing, discuss the Study, and recommend that the City Council accept it as an informational document. ENVIRONMENTAL (CEQA) DETERMINATION: The project is statutorily exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15262 of the CEQA Guidelines. LOCATION OF THE WESTERN HILLS STUDY AREA: The Western Hills Study Area includes all of the land within the residential hillside zoning district (see map next page). DISCUSSION: The Study includes an executive summary, a discussion of the methodology and report format, and a description of the study area. It describes the environmental constraints and possible impacts related to the following topics: geology and soils, vegetation, wildlife, hydrology, fire hazard, aesthetics, traffic and circulation, public services, and recreation. The Study concludes that the potential buildout of the entire study area could be as many as 66 homes. Of these, 46 could theoretically be built on the six largest parcels (237 acres), but in all likelihood, the constraints would limit this number to 20-30 homes. COMMENTS RECEIVED: While there was considerable interest in the Study, and a number of people either checked it out or purchased a copy, Staff did not receive any written comments. In general the verbal comments we received praised the objectivity and clear and concise writing style of the author. Western Hi Ils Constraints Ana l)'sis Stud)' ~~'~'~"~fT"' /'" / One commentor suggested that the Study should have included the topic of cultural resources. While we considered this topic, it was concluded that Northwest Information Center (NIC) at Sonoma State University, who retains "classified" historic and prehistoric information would not release sensitive cultural resource information for use in a publicly accessible document. Moreover, future discretionary projects will be transmitted to the NIC for review as part of the California Environmental Quality Act review process. CONCLUSION: After reviewing then document and discussing it with a number of interested people, staff is able to conclude that it is well written, comprehensive, and contains an objective and meaningful analysis. It will provide important information for Staff, the general public, and decision makers during the process of revising the Hillside Development Regulations. Staff concludes that the Planning Commission should recommend that the City Council accept this important resource document. ATTACHMENTS: 1. Ukiah Western Hills Constraints Analysis Study (previously distributed to Commissioners) Western Hills Constraints Analysis Study II PUBLIC HEARING CLOSED: 7:00 p.m. Planning Commission Discussion: ,mmissioner Pruden noted the Mountain View Assisted Living facility has been go neighbor stating the project design and building elevation allow the facility archi urally compatible with the neighborhood. She was not concerned with ;~ng issues she had been with the original project. She commended Mr. La )r the develo )f a quality project. She agreed with staff's Findings and of Approval. There was a the facility since the has appropriately addre~ )n relevant to density and safety issue~ slightly impinges onto the Airport the matter. the residents of zone noting staff Commissioner Correll e preparation of the Ne /e Declaration, the Rezone and Use Permit were appropriate n order. He was s~ ,ortive of the proposed project. Chairman Chiles inquired regarding was in agreement with the contents, as above. No. 14 and whether staff Staff was in concurrence with the Conditi, ON A MOTION by Commissioner carried by an all AYE voice the Declaration for Major Use it No. 02-04 with Findin report and as discussed ab Commissioner Correll, it was to adopt the Negative I-4, as outlined in the staff ON A MOTION by Pruden, seconded by carried by an all voice vote of the Commissioners present to a 02-03, as n the staff report and as discussed above. )ner Correll, it was Ive Rezone No. ON A M~ by Commissioner Pruden, seconded by Commissioner I, it was carried an all AYE voice vote of the Commissioners present to approve Us. No. with Findings 1-11 and Conditions of Approval 1-23 with agreement :he a relevant to Condition of Approval No. 14, as outlined in the staff report cussed above. 8B. Western Hills Constraints Analysis Study Planning Director Stump introduced Leonard Charles who wrote the Western Hills Constraint Analysis Study. He stated the Planning Commission and the City Council directed the preparation of the Study after entertaining some ideas about revisions to the existing regulations in the Hillside District whereby funding was budgeted for this purpose. The Commissioners desired more information relevant to the Hillside District constraints and potential buildout before they could revise and/or develop new regulations for the City Council's consideration. He emphasized that the text is to be considered informational rather than a policy document. The Study identifies the constraints in the hillside area to development encompassing such topics as geology/soils, vegetation, wildlife, hydrology, fire hazards, aesthetics, traffic and circulation, public services and recreation as well as some conclusions about what may occur at projected buildout. MINUTES OF THE PLANNING COMMISSION Page 6 February 27, 2002 PUBLIC HEARING OPENED: 7:09 p.m. Leonard Charles provided a brief overview of the West Hills Constraints Analysis Study.. He noted the aforementioned document is considered to be "basic" listing of the constraints in the study map, and the potential major impacts that could occur if development is allowed. The document is not meant to be a site-specific analysis of any one of the particular properties in the study area. He stated the study area encompasses approximately 500 acres noting there are roughly 33 residences mainly along the lower slopes on the eastern side of the study area. The primary focus of the study would be the six large private ownerships above the lower elevation sites that include approximately 237 acres of the 495-acre study area. The Analysis demonstrated that there could be as many as 66 new homes built in the entire study area and 46 homes on the six properties referenced-above. He drew attention to the site map referencing the areas owned by the City of Ukiah. He noted that development of second units on the properties may be a possibility, thus doubling the amount of homes even though they would be smaller in size. The Study integrated existing reports completed for the area, aerial photographs, and somewhat limited field surveys mainly on roads that go into the areas. The Analysis identified a variety of constraints and possible significant impacts to the study area. The entire area is viewed as a "constrained area," which is the reason the area has not been developed in the past. He noted the area referencing geology/soils is a steep site making it difficult to develop homes and accompanying access roads or driveways to the homes. There are a variety of constraints pertinent to landslides particularly the north facing slopes in the area where there are existing drainage channels. The north facing slopes have been identified as being susceptible to landsides. The soils in the area are not particularly conducive to leach fields. The site is also susceptible to major earthquakes, which would be critical due to the necessary development of long steep roads allowing for the potential that such roads or portions of the roads could fail during a major earthquake. The construction of long roads are necessary to manage the elevation change needed to access the higher slopes not to exceed the maximum 20 percent slope requirement. Long roads possess a secondary effect allowing for the potential of creating significant amounts of erosion unless appropriately constructed. The erosion could also affect a variety of other resources namely steelhead in Gibson Creek. The erosion originating from the construction of homes/roads can potentially cause sedimentation of the stream .channels or the pipes thus reducing capacity levels or creating other problems. Run-off from the Nix property has brought sediment down to City streets. Mr. Charles elaborated on the hillside vegetation stating it consists of a general mix common to the area and he identified some of the existing plant life. He noted the general loss of the vegetation would not be a significant impact under CEQA noting there would be a loss of vegetation both from development of the homes and roads, and the thinning necessary to comply with fire safety standards. He noted there are five special status species of vegetation known to be rare, threatened, or endangered as listed by the Federal or State government that could occur on the site. However, it is unlikely that any of the rare or endangered plant species would occur on the hillside. There would be general impacts to wildlife due to the cumulative loss of habitat and/or the fragmentation of that habitat for the common species of wildlife. More importantly, there exists the potential for there being special status species of wildlife either utilizing the area for nesting, hunting or foraging. The site-specific wildlife studies have not been conducted for the site noting it was possible that there could be Northern Spotted Owl MINUTES OF THE PLANNING COMMISSION Page ? February 27, 2002 and/or a variety of other bird species that could potentially nest on the site or near the site and use it. He stated if during a site-specific study for example, a Northern Spotted Owl nest was discovered within a certain parameter, the U. S. Fish and Wildlife Service would require mitigation for any development within the subject parameter and this is a potential constraint. Mr. Charles addressed the drainage issue stating the development of new homes and roads would create additional run-off from the area. He reported there are a number of areas where there are known and potential above ground streams or pipes that are at, near or over capacity whereby hydrological studies would need to be done for each development to determine that the increase in run-off on a project or on an cumulative project basis would not cause flooding. Mr. Charles stated the most important constraint relates to fire hazards and safety factors in the study area. The site, due to its very flammable vegetation, steep slopes, and Ukiah weather conditions creates the potential for a very high fire hazard zone according to the California Department of Forestry. He stated the construction of new homes in this high fire hazard zone increases the chances for ignitions as well as the number of people at risk from fire living in a wildland interface. He noted the estimated response time by the City Fire Department is approximately 20 minutes to the Hull- Piffero site. He emphasized the importance of constructing and/or establishing a fuel reduction zone or Vegetation Management Plan in connection with fire safety improvements. The process includes thinninc out of vegetation, pruning the trees and general cleaning up of the vegetation. The existing Vegetation Management Plan does not take into consideration the potential for development in the higher elevations and would not be able to protect residences in those areas in the event of a fire. Mr. Charles noted some of the above-referenced constraints could be overcome with the application of adequate developmental standards and compliance with the Hillside Ordinance regulations noting, however, fire and aesthetic constraints would be difficult to overcome. People living on the valley floor would be able to see the homes during the day and nighttime hours and the subsequent roads leading to the home due to the slopes/land topography enhanced by the need to clear out the vegetation or considerably thin it for fire protection purposes. Traffic would not be considered a significant issue except for the fact that if all the estimated homes were constructed as indicated in the Study access would be from West Standley Street possibly exacerbating the exiting speeding problems on this street. He briefly elaborated on the response time associated for police and/or emergency vehicles to the west hills. City water services would not be able to accommodate homes located in the higher elevations. Therefore, these homes would have to be served by new City reservoirs higher up with water pumped up to them or serviced by wells. The Hull/Piffero project encompasses a well that produces 120 gallons of water per minute and, therefore, it is possible there would be on-site water available for other developments. He addressed sewer/waste water issues noting the homes along the eastern slopes could probably be connected to the City sewer/waste water system. Other developments in the higher elevations would have to be served by an on-site septic system encompassing leach fields, if the soil permits. Mr. Charles reported the study area includes Low Gap Regional Park and other City- owned properties noting there is considerable recreation potential as the Ukiah General Plan calls for a "RIM Trail" located to the western portions of the hills. Recreational MINUTES OF THE PLANNING COMMISSION Page 8 February 27, 2002 /-5- opportunities would be restricted and/or hindered in the future if development is allowed in the aforementioned area prior to the establishment of a precise trail plan. Commissioner Correll emphasized pertinent to public testimony that the Study is to be viewed as an informational document. Suzanne Pletcher, 3601 Running Springs Ranch Road, Ukiah, inquired how the average slope percentage was calculated. Mr. Charles replied in general terms that the slope percentage calculations required more detailed data, but adequate information was produced from a report and map written by the California Division of Mines and Geology along with information from "USGS Maps." Ms. Pletcher further inquired regarding visual impacts and development in concurrence with the existing hillside zoning regulations. Staff replied the existing hillside regulations require an entire series of technical reports, noting the HulI-Piffero project required a Visual Quality Analysis that was crucial in order to complete an environmental document. There was a brief discussion relevant to roofing materials and other building materials appropriate for hillside development. It was noted there are no existing Hillside regulations governing architectural issues such as residential style, color, and/or design. William Smith, 275 Mendocino Place, Ukiah, has lived in the lower slopes of the western hills for many years. He stressed the importance of implementing/maintaining fuel reduction preventative measure for those persons living in the western hills. He noted the hillside area has the potential to be highly flammable. Robert Werra, No. 2 Lookout Drive, Ukiah, has lived in the western hills for over 30 years. He inquired regarding the methodology for the calculation of the proposed buildout of 66 homes. Mr. Charles replied calculations were made based upon what is considered to be the existing slopes along with the City's existing Hillside regulations consisting of the number of acres required per home in relation to the slopes. He noted the report recognized that the potential for incorporating 66 homes in the western hills is considered to be the "worst case scenario." Mr. Werra questioned the determination of potential fire risk and whether information on fire potential risks relevant to individual home sites was included in the Study. He further questioned whether the potential for fire danger for the existing homes in the western hills was less or greater than the rest of the undeveloped area. Mr. Charles stated fire risk considerations were given to existing homes. He further stated fire preventative measures should be created for all home existing in the western hills. He advised a home providing adequate defensible space for fire protective purposes may not be a sufficient safeguard due to the steep slopes incorporating extremely flammable vegetation. MINUTES OF THE PLANNING COMMISSION Page 9 February 27, 2002 Mr. Werra stated the potential for fire risk would be less for the existing homes than for if the area was left undeveloped because the homeowners consistently implement defensible safeguards around their homes. In other words, the existing homes present less of a fire danger as opposed to leaving the area undeveloped because the homeowners continually implement fire prevention measures. He stated the likelihood of a fire in the western hills developing and spreading is proportionate to the number of homes and he does not foresee many homes being developed in the higher elevations. Mr. Charles acknowledged that although fire prevention measures are enacted for the home sites, the addition in the number of people in the area increases the risk for ignitions. Mr. Werra expressed concerned relevant to ignitions with allowing the public to access the trails in the western hills whereas people living in the hills take measures to prevent the potential for fire risk. Commissioner Pruden referenced the seismic portion of the Study noting the sections that reads, "Water tanks required to serve the new development could fail during seismic events" and inquired whether an Inundation Plan is necessary in the event water tanks and swimming pools rupture during an earthquake. Mr. Charles replied the better solution would be to ensure the tanks have been properly engineered to withstand a probable earthquake. He noted the accumulation of tanks and/or swimming pool on a large scale could present a concern, but noted appropriately engineered water tanks should not be a problem. Commissioner Pruden noted the introduction of other vegetation species not common to the area for landscaping purposes may create the potential for increased fire hazard similar to the Oakland Hills fire events with the implementation of Eucalyptus trees in that area. There was a brief discussion for the hillside regulation to disallow certain vegetative species as a fire prevention measure. It was noted the Study did not identify developmental benefits and it was further noted there are not many significant benefits associated with residential subdivisions other than an increase in City tax revenues and for people to exercise their property rights. Commissioner Correll commended Mr. Charles on the West Hills Constraints Analysis Study noting the document was easy to read as well as assisted him with better understanding of the HulI-Piffero project. He welcomed other audience comments. Dave Hull, Ukiah, commented the document came out at a very crucial time relevant to his western hills project. He recommended the document be expanded upon and/or a more thorough analysis be completed if it is to be utilized for informational purposes toward further hillside development regulations. He stated the Study was an informative document noting there were some issues he questioned. For instance, the realistic potential for the development of 66 homes would be unlikely due to the topography and/or minimum slope requirements dictating the parcel size and other existing constraints. He addressed the private sewer system issue noting that potential sewer sites for his project tested well. MINUTES OF THE PLANNING COMMISSION Page 10 February 27, 2002 /-7 Chairman Chiles inquired as to Mr. Hull's opinion should the Planning Commission and City Council exclude second unit development in the hillside. Mr. Hull responded there are existing limitations in terms of the topography constraints stating not every parcel would be large enough and/or possess the appropriate resources to accommodate a second unit. He stated a homeowner should be allowed to construct a second unit provided the parcel meets the necessary requirements. He stated, in his opinion, there would not be very many second unit proposals. He noted, in his observations, not many people construct second units. Commissioner Pruden stated the Study underscores that development would realistically encompass between 20 and 30 homes relevant to the existing constraints. She noted it is very costly for a person to purchase and develop a project in the hillside due to the many constraints, required studies, and permits that must be completed and approved. There was a general discussion regarding the likelihood of 66 homes being built in the western hills due to the constraints referenced-above. Mr. Charles interjected between 20 and 30 hcmes relate to the six larger parcels to the west where there is a maximum potential for 46 homes to be developed. There would be 20 homes that could be constructed on the lower slopes that are essentially restricted to one lot per parcel. The total number would be between 40 and 50 homes taking into consideration the 20 homes on the lower slopes and the 20 to 30 homes to be construction on the higher elevations. Ric Piffero, 8621 Colony Drive, Redwood Valley, stated although the Study was informative, Mr. Charles did not have the opportunity to access certain parcels in order to obtain additional relevant information. He stated, in his opinion, each development should be site-specific ensuring that the necessary studies are completed for that particular parcel. He further stated, in his opinion, the Study represented the maximum number of homes at buildout ensuring that development and corresponding services would be appropriately planned in compliance with City regulations. Commissioner Loewenstein stated the report was informative and the degree of usefulness would depend upon how serious the document is taken on a project-by- project decision-making basis. Commissioner Pruden stated Mr. Charles possesses an excellent reputation relevant to his studies. She stated there was no information she desired to add or take away noting some people may not agree with the contents and/or conclusion of the Study. She noted whether a people disagrees with the document does not alter the reality confronting potential development in the western hills. Suzanne Pletcher appreciated the Study and supported the concept of implementing public trails in the western hills. Robert Werra did not favor public trail implementation in the western hills as many trails in the community remain unused. He inquired whether the 18-foot road width was considered a hillside regulation. MINUTES OF THE PLANNING COMMISSION Page ! ! February 27, 2002 Staff responded the hillside regulations specify a minimum 20-foot road width. However, the Hull-Piffero project was granted an Exception to the minimum 20-foot road width regulation to include an 18-foot road width. Anyone desiring to subdivide in the hillsides can seek an Exception to create a road encompassing any width. The City Fire Department needs a certain width to get emergency vehicles up the road in addition to allowing residents to exit the area in the event of an emergency. There is a provision in the hillside regulations allowing property owners to seek less than the 20-feet road width requirement provided the project is well designed assuring the Fire Department and decision makers that the proposed road width would be in compliance with safety standards. Mr. Werra stated, in his opinion, the 20-foot minimum road width requirement is unrealistic for hillside property if the community is concerned about the view shed erosion. Suzanne Pletcher commented roads and trails are similar and emphasized the importance of implementing public trails. William Smith, is an avid walker and enjoys utilizing trails noting that many trails in the valley are unused. He expressed concern relevant to the implementation of trails on the western hills noting the fire risk along with the strength of the prevailing winds in the area could be potentially disastrous. Chairman Chiles questioned how much of the Study information would staff intend to use relevant to hillside development. Mr. Stump responded the West Hills Constraints Analysis Study is tremendously valuable and staff intends to earnestly use it along with other documents for prospective project analysis in the hillside as well as to assist with the revision of the existing Hillside Ordinance regulations. PUBLIC HEARING CLOSED: 8:15 p.m. Mr. Stump suggested the Planning Commission recommend to the City Council acceptance of the Study as an informational and/or resource document allowing staff to proceed with revision of the Hillside Ordinance regulations. It was noted the Study is a very useful document relevant to the evaluation of hillside development and corresponding issues. ON A MOTION by Commissioner Loewenstein, seconded by Commissioner Pruden, it was carried by an all AYE voice vote of the Commissioners present to recommend the Western Hills Constraints Analysis Study be accepted as an informational document to the City Council, as outlined in the staff report and as discussed above. Commissioner Pruden inquired when there would be a new Hillside Land Use Code or Zoning Code presented to the Planning Commission for review and discussion. Mr. Stump replied a workshop is tentatively scheduled for a Planning Commission meeting in April 2002. MINUTES OF THE PLANNING COMMISSION Page ]2 February 27, 2002 /-? AGENDA SUMMARY ITEM NO. 8b DATE: March 20, 2002 REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)APPLICATION FOR UKIAH VALLEY CULTURAL/COMMUNITY CENTER DESIGN PHASE Over the past three years, staff, with City Council direction and input, has been cooperating with the Board of Directors of the Ukiah Valley Cultural and Recreation Center (UVCRC) in their efforts to construct a community facility. The planned structure at the southern end of Ukiah will be a multi- purpose neighborhood center with approximately 20,000 square feet for play activities, classrooms, a well-baby clinic, and an educational learning center. Mendocino County awarded the Board of Directors $1 million of Federal Tobacco Fund monies for the development of the center. Last year the Board of Directors applied for a Community Development Block Grant (CDBG), but unfortunately failed by a mere 50 eligibility points (out of a possible 1,000), to obtain $500,000 in funding. After receiving an encouraging debriefing from State Officials on September 4,2001, the Board of Directors has elected to again apply for the grant. At this time, staff is requesting City Council direction on whether you want us to apply for another round of CDBG monies for Fiscal Year (FY) 2002/2003. The proposed Ukiah Valley Cultural and Recreation Centerwill obligate the City's CDBG allocation (assuming we are funded) for two fiscal years. Given the community need in south Ukiah for this facility, the current neighborhood support, and the difficulty in obtaining these funds, staff is bringing forward this CDBG application of $1,000,000 for Council's consideration. (continued on page 2) RECOMMENDED ACTION: Open Public Hearing, Receive Presentation By UVCRC Representative And Approve Resolution Applying For CDBG Grant. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine Application For CDBG General Allocation Funds On Behalf Of The UVCRC As Inappropriate At This Time And Deny Request For Participation By City Of Ukiah. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: Board of Directors UVCRC Deborah Mead, Executive Director UVCRC Albert T. Fierro, Assistant City Manager Candace Horsley, City Manager 1. Resolution for adoption 2. Homeless Shelter Funding Plan Candace Horsley, Cit~ Manager ADOPTION Of RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR UKIAH VALLEY CULTURAL/COMMUNITY CENTER DESIGN PHASE March 20, 2002 Page 2 When this grant application was brought before the City Council last year, much discussion was raised regarding the need for a homeless shelter in Ukiah. It is our understanding that Mendocino County is also applying for CDBG monies to develop the homeless/multi service shelter. The Homeless Shelter funding plan is attached (attachment #2)for Council's information. In addition, assuming the City is funded for FY 2002/2003, we will be limited to a smaller yearly CDBG grant eligibility allocation of $300,000 under State of California guidelines. However, given the construction schedule of the new elementary school planned by Ukiah Unified School District next to the proposed center, the strong support from community groups in Ukiah, and last year's favorable application review, now is the perfect time to once again submit another request for funds. mfh:ASRCityCouncil02 CulRecCDBGt RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT WHEREAS, the Community Development Block Grant (CDBG) program will assist local entities in providing assistance to Iow and moderate income persons (Targeted Income Group); and WHEREAS, the City of Ukiah has joined with the Ukiah Redevelopment Agency, Ukiah Unified School District, County of Mendocino, Board of Directors of the Ukiah Valley Cultural and Recreational Center, and numerous non-profit community based organizations to develop a facility which will enhance the community's ability to provide services to the Targeted Income Group; and WHEREAS, the facility is proposed to be located on the new elementary school site near the southern boundary of the City of Ukiah's city limits; and WHEREAS, local fund raising efforts are currently underway to provide a substantial portion of the construction and operational costs for the facility; and WHEREAS, the City of Ukiah desires to facilitate the financing of this project through an application from the Community Facilities portion of the CDBG program. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Ukiah as follows: 1 ) The City Council hereby approves a CDBG application for up to $1,000,000 through a two- year funding cycle for construction of the Ukiah Valley Cultural and Recreational Center. 2) The City Manager is hereby authorized and directed to act on the City of Ukiah's behalf in all matters pertaining to this application; and 3) If the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments thereto with the State of California for the purposes of this grant. PASSED AND ADOPTED this 20th day of March 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk ~lt tachment 2 ...... Multi Service Shelter and Assistance Center Development Phases, Key to Plens, ~ources of Funds and Timeline PHASE Phase I - Site Acquisition & Permits 2.9 acre parcel with two existing buildings Phase II - On- and off-site improvements and building construction Phase II.A. - development of access from Brush St., 12 parking spaces, and construction of a 64-bed shelter unit. Phase ll.B. - construction of the bulk of the facilities - toilets, showers, offices for shelter manager, garden, children's play yard, commercial kitchen and dining area, and additional parking. =hase III - Construction of offices for support services and group meetings, laundry facilities, storage, additional bathroom facilities. Phase IV - Construction of a 12-unit transitional housing Phase V - Rehabilitation of the existing Empire Milling building for use as a job training center. PLAN KEY SOURCES OF FUNDS TIMELINE 200 Ford St. Buildings E1 and E2 EHAP Ford Street Project City of Ukiah - Redev. access (5), Building Al, parking (4) Building A2, Building B, play yard (1), outdoor areas (2 & 3), parking (5) Building C Building D - Building El, parking (6) MCDMH county portion of City of Ukiah Redev Savings Bank of Mendo Cty CBDG - Cty App. EHAP. - State of CA Local Redev. - City or County Local Redev CDBG Local Foundations Community donations EHAP TBD TBD August, 2002 September to December, 2002 Apdl to August, September, 2003 February, 2005 August, 2006 2003 ITEM NO. MEETING DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF $4,000 ALLOCATION AND BUDGET AMENDMENT TO PLOWSHARES FOR MEALS-ON-WHEELS PROGRAM At the March 6, 2002 meeting, the City Council directed Staff to return with a budget amendment of $4,000 for the Plowshares Meals-on-VVheels Program. Plowshares has recently assumed the obligation of the Senior Citizen Center's home delivery program, and through aggressive volunteer efforts has been able to reduce the cost by half, to $2,500 a month. Staff has identified the availability of $4,000 in unspent funds within the Community Outreach Public Information Services, Budget Account Numbers 100- 1945-231 and 651, (Attachment 1). Due to the spontaneous response of Plowshares to provide these meals at a moment's notice, and without the ability to fundraise in advance for these expenditures, the Council is desirous for providing assistance to Plowshares to cover some of the hard costs it is experiencing while providing this program. RECOMMENDED ACTION: Approve the donation in the amount of $4,000 to Plowshares for the Meals-on-Wheels home delivery program and amendment to the 2001-02 budget. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Attachments: Plowshares City Council Candace Horsley, City Manager 1. Budget Amendment Worksheet 2. Plowshares Grant Application - Page 1 Approved" ~ ~.... Can~dace Horsley, Ci~Manager 4:Can:kk ASRPLOWSHARES MAR--06-02 05:48 PM PLOWSHARES- ?0? 462 0520 PLOWSHARES Po~t Office Box 475 150 Lute Avenue Uki'd~, CA 95482 Phone 707.462.8582 F~ 707.462.0320 Community Foundation of Menclo¢ino County Safety Net Grant Application March 4, 2002 Annua] Operating Budget: $200,000 FTEs: 1 (Executive Director), pitts 5 PTE 2. The most dramatic recent increase in our safety net sen, ices is tin,.,, assumption of the I Iome Delivered and Congregate Dining Meals for seniors abruptly dropped by the Ukiah Senior Center as of Feb. 15. 13ecau~e of our mission statement that "no one i~ our community go hungry," we took over these programs Feb. 18. Because of the overwhebning paperwork ~nd restriction~ invoh'ed in the federal funding, for the~e programs, our bourd decided to rely, i~s we ~lways have, on community support rather than accepting higli-maintenance government funding. The Senior~__, _ Center tells us that the Home Delivered Meals cost them about $5000 per month. We hope to be ' ' - '" "'-. '-'"" more cost-effecuve w~th the help of donated food and services, and ~ .~0o ,/,,ss' this early date it i~ difficult to pinpoint an exact co~t; but we expect that program to ' co~t us $2000-2500 per month in additional cash expenses. The Congregate l)ining program is not such a concern since we already serve free (optional donation-basis) daily hot meals in ot~r dining room, witt~ a .~pecial early seating for seniors and families with children.--lids ha:s b~.'ought N about 15-20 seniors a day since Feb. 18. 3. l'he urgency of the need is self-evident as long as frail, homebound seniors are home akme, hungry and incapacitated. At present there are 65 seniors receiving meals on whccl~ dailyJ An estimated 1/4 of these have no other human company all day, and some have no other hot meals available to them. We are asking the Area Agency ~m Aging to continue ~ceking another contractor to take over the Home-Delivered Meals with (or without!) their funding, ~md still hope that we will not need to contin~ae doing this inclcfinitely. But as lo~g a~ no m'~e else is willirtg to take it on, we are requesting community ~upport to keep it operating. ..4. _ W,~.~o-t ll~t.EpEreciate as much assistance as you find appropriate, u_EE_to .... $12,505~'11xe major c~e~ ensei'~5~{~;'~i>:' v;-'='~ -= ---~-- · ......... ~.~.~ .... P.. .... ~ x ere~6als program are: about ?.~tj a ~ol~tn m to-go containers; $800 a month in purchased ~roce~ies (vrimarilv rot fresh m~Ik); plus about $800 a month in additional staff exb~e, and'additional a~u~unts for supplies, utilities, pa},~rwork, office ct~sts, etc. We are hoping to avoid mileage reimbursement and extri~ insurance costs by enrolling the drivers in NCO's Relired Senior Volunteer Program. We expect to receive considerable "leveragii~g" of your grant money in increased doni~on~ of cash, food and volunteered time. If we can contil~ue to meet these expenses and to receive adequate volunteer help and food donations, the homebound sen[ors will contint.le to receive hearty, hot, nulritiotts meal~ ~ tong as we are still, needed to admirii~tcr tile program. ......... . ., ,. ............. ,,. n~ 0 Z o o o oo coo o o go o c c ~ o o~ I- Z W IN) I'0 ~" 0'1 0 0 (:~-. 0 0 0~_,0~'"' O0 O0 , 99~~~ oo~oo OOx x x OD OD o O, DODO ~ ~ X ~ X ~ ~! ~ o ~ ~ 0 0 rn ITl ...q ITEM NO. 9b DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING UKIAH CITY CODE TO ESTABLISH SPECIAL RULES FOR ELECTRICAL SERVICE TO HARD TO SERVE AREAS At its March 6, 2002 meeting, the City Council considered an Ordinance establishing special rules for electrical service to hard to serve areas. The Ordinance was introduced by title only and its introduction was approved by a three to two vote of Council. A summary of the proposed Ordinance was published in the Ukiah Daily Journal on March 11,2002. The Ordinance is now being presented to Council for adoption. RECOMMENDED ACTION: By motion, adopt Ordinance establishing special rules for electrical service to hard to serve areas by title only. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to amend Ordinance and return to Council for future adoption. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah City Council ; Marie Ulvila, City Clerk Candace Horsley, City Manager 1. Ordinance for adoption APPROVED:,(~',~_. Candace Horsley, ~ity ASR: Adopting Ordinance Manager ATTA~"~N~IT // ORDINANCE NO. ORDI'NANCE OF THE CI'TY COUNCI'L OF THE CI'TY OF UKIAH ADDING ARTICLE 6 TO CHAPTER 7 OF DIVISI'ON 4 OF THE UKIAH CITY CODE ESTABL]~SHI'NG SPECIAL RULES FOR ELECTRTCAL SERVICE TO "HARD TO SERVE AREAS" The City Council of the City of Ukiah hereby ordains as follows. SECTION ONE. FTND~NGS. The City Council of the City of Ukiah finds: 1. The City of Ukiah has received requests to extend its electric utility to portions of the City not currently served. 2. Some of these areas, such as unserved portions of the western hills, present unique difficulties in constructing or in maintaining and repairing distribution lines and related facilities due to physical conditions, such as steep terrain, heavy vegetation, and limited access. 3. The City Council finds that the expense of constructing and maintaining electric service to these areas should not be borne by all customers of the City's electric utility, but rather should be borne by the customers who have chosen to develop property in these areas. SECTTON TWO. ORDTNANCE A new Article 6 is hereby added to Chapter 7 of Division 4 of the Ukiah City Code to read as follows: ARTICLE 6. HARD TO SERVE AREAS 4070: "HARD TO SERVE AREAS" DEFZNED: "Hard to Serve Area" means a geographic area within the City limits or an area outside the City limits served or proposed to be served by the City's electric utility in which the City Manager or his or her designee has determined, in the exercise of his or her discretion, that physical conditions make the extension, maintenance, repair or replacement of electrical distribution lines 'and related facilities unusually difficult or expensive. 4071: RTGHT TO REFUSE ELECTRIC SERVICE TO OR TO TMPOSE CONDTT]:ONS ON THE EXTENSION OF ELECTRIC SERVICE TO HARD TO SERVE AREAS: Ordinance 1035 Page 1 of 3 The City shall have the right to refuse to extend electric service to Hard to Serve Areas. The City may impose reasonable conditions on the extension of electric service to Hard to Serve Areas, including, but not limited to, the agreement of the applicant or applicants for electric service to: a. construct, own, maintain, repair and replace electrical distribution lines and related facilities, such as conduit, trenches, vaults, switches, poles and transformers; b. indemnify, defend and hold the City harmless from any expense or liability arising from the use of designated electrical distribution lines and related facilities for which the applicant or applicants assume responsibility under this Section 4071; C. design and construct electrical distribution lines and related facilities in accordance with specifications prescribed by the City, including, but not limited to, specifications that insure that all electrical service to a service location or structure will be accurately metered; dl provide arrangements and assurances, satisfactory to the City Manager or his or her designee, that the electrical distribution lines and related facilities will be adequately maintained to provide safe and reliable transmission of electrical energy to the customers served by said facilities and will not create an unreasonable risk of damage to the City's electric system or the general public; and e. provide the City with access to all electrical distribution lines and related facilities, and to all electric meters for purposes of inspection, meter reading or termination of electric service. Section 4072: WRTTTEN AGREEMENT RE(~U]:RED OF APPLTCANTS FOR SERVTCE I'N HARD TO SERVE AREAS: The City Manager or his or designee may require an applicant or applicants for service in Hard to Serve Areas to sign a written agreement in recordable form setting forth the terms as authorized by this Article. The City may refuse to provide service until the agreement in the required form has been executed and recorded in the Official Records of Mendocino County. 4073: APPLICATION OF ARTICLE: This Article 6 shall apply to any request for service to Hard to Serve Areas not already receiving electric service from the City's electric utility on the effective date of this Article 6. Ordinance 1035 Page 2 of 3 SECTION THREE. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published as required by law and shall become effective 30 days after it is adopted. This Ordinance was introduced by title only at a regular City Council meeting on March 6, 2002, by the following roll call note. AYES: Councilmembers Smith, Libby, and Mayor Ashiku NOES' Councilmembers Larson and Baldwin ABSTAIN' None ABSENT: None This Ordinance was adopted on March 20, 2002, by the following roll call vote: AYES: NOES' ABSTAIN' ABSENT: Phillip Ashiku, Mayor A'I-I'EST: Marie Ulvila, City Clerk Ordinance 1035 Page 3 of 3 ITEM NO. 9c DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: RECONSIDERATION OF RENEWAL OF AIRPORT LEASE WITH UKIAH WHOLESALE LUMBER The City Council previously approved a renewal of the lease with Ukiah Wholesale Lumber in August 2001 (Attachment #2). Prior to the Council review, staff had discussed the terms and conditions of the lease with the tenant, Mr. Frank Van Frank and provided a copy of the proposed agreement which was submitted to the Council. Subsequent to the Council's approval, the tenant then forwarded the agreement to his attorney for review, which resulted in minor revisions to the agreement's language. The City Attorney has reviewed the requested revisions and staff is now returning the item to the Council for approval as revised. The proposed revisions do not affect the term or value of the lease and are generally in the context of cleanup language. The lease term remains three years, retroactive to September 1,2001, terminating August 31,2004 and the value remains at $1,175 per month with a 5% annual escalator clause. As with the original agreement, there is no option for renewal. One revision which the Council should note is to Section 7, SUBORDINATION, Paragraph a. This paragraph subordinates the lease agreement to any, rule, regulation, or policy of, or any agreement between the Federal Government or any agency thereof and the City of Ukiah. The paragraph had originally provided for 30 days notice of termination in the event of conflicts resulting from any of the above. The 30-day notice period was inconsistent with other provisions of Section 7, which provide a 180-day notice period for termination under subordinate circumstances. This provision is proposed for revision in order to provide consistency throughout the agreement. Because of the language revisions to the agreement (provided in Attachment #1 ), staff is returning the item to the Council for approval. RECOMMENDED ACTION: Approve revised lease with Ukiah Wholesale Lumberfor a portion of the Ukiah Regional Airport. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Lease requires further revision and remand to staff with direction 2. Determine approval of lease is inappropriate and do not move to approve. N/A Ukiah wholesale Lumber Larry W. DeKnoblough, Community Services Director ~ Candace Horsley, City Manager Revised Lease Previously approved Lease Candace Horsley, C Manager LD/ZIP1 Ukiahwhlsle2.Asr LEASE AGREEMENT UKIAH MUNICIPAL AIRPORT PROPERTY UKIAH WHOLESALE LUMBER, INC. THIS AGREEMENT, by and between the City of Ukiah, a municipal corporation of the State of California, hereinafter called "City or Lessor", as Lessor, and Ukiah Wholesale Lumber, a California, a general partnership, hereinafter called "Lessees". WITNESSETH. 1. LEASE. City does hereby lease to Lessees, and Lessees do hereby accept from City, that portion of the Ukiah Municipal Airport shown in red on the attached sketch entitled "Cagle Lease - Ukiah Municipal Airport", which said sketch is incorporated herein by reference and is marked Exhibit "A." City hereby leases this property under the alternate authority contained in GoVernment Code sections 37380 and 37395 and finds that the premises which are the subject of this Lease are not now needed for airport purposes. 2. TERM. This Lease shall be for a term of three (3) years, commencing on the 1st day of September 2001, and terminating on the 31st day of August 2004. Lessor or Lessee shall have the right to terminate this agreement upon one hundred eighty (180) days notice to the other party. 2.1. No relocation benefits. Lessee is informed and understands that it may have rights to relocation benefits under Government Code §7260 et seq. and Health and Safety Code §33410 et seq., which generally requires public entities which carry out projects that cause the displacement of residents or businesses to provide for the cost of their relocation. Lessee knowingly and voluntarily waives .any right it might otherwise have to relocation benefits from Lessor or the Ukiah Redevelopment Agency upon termination of this lease or at any other time. Lessee understands and agrees that Lessor has relied upon Lessee's acjreement that it will not claim relocation benefits in deciding to extend this lease and in agreeing to the terms of this lease. 3. RENTAL. Rent shall be paid as follows' Lessee shall pay to City $1,175.00 per month on the first day of each month, commencing on September 1, 2001. Rent for the remaining two years of this Lease shall be increased by 5% annually, effective September 1, of each year. 4. USE AND IMPROVEMENTS. 4.1. The leased premises shall be used only for a lumber manufacturing plant unless the City shall otherwise consent in writing. All improvements installed by Lessee shall comply with all applicable codes, laws, and ordinances regulating the construction or maintenance of such improvements. Construction of any structures other than those noted shall be subject to prior approval by City. No structure .may be removed without the consent of City and all improvements remaining at the conclusion of the Lease term shall, at City's option, become the property of City. All improvements not retained by City shall be removed and the property cleaned to the reasonable satisfaction of Lessor, such approval not to be unreasonably withheld. 4.2. No burning of sawdust or waste lumber material shall be done. 4.3. All outside lights shall be so situated so as not to shine directly toward the runway or approach area of the airport. 5. FENCES, PAVING, AND UTILITIES. Lessee shall maintain a 6-foot high fence sufficient to limit access to the leased area around the perimeter thereof; Subject to any local, State, or Federal laws regulating hazardous or toxic substances, Lessee shall also provide and maintain throughout the life of this Lease paving or dust control oil on the entire premises sufficient to control dust. Lessee shall provide at its own expense, lighting, sewer, water, and all other necessary utilities. 6. SET-BACK LIMITS AND HEIGHT RESTRICTIONS. All improvements installed on the leased premises shall be required to conform to any setback or height limit established by any law, ordinance, or FAA regulation now existing or which may be hereafter adopted. Lessor is not presently aware of any such violations on the premises. 7. SUBORDINATION. a) This Agreement shall be subordinate to the provisions of any existing or future agreement between the City and United States of America, or any agency or administrative arm thereof, and to any rules, regulations, or policies adopted by the United States of America, or any agency or administrative arm thereof, relating to the operation or maintenance of the Ukiah Municipal Airport. Should this Lease be required to be terminated because of any such agreement, rule, regulation, or policy, it is agreed that the lease shall terminate and Lessee shall remove from the leased premises all of UkiahWhsle.agr January 14, 2002 its property and vacate such leased premises within one-hundred-eighty (180) days after receipt of a written termination notice from City. b) This Agreement shall be subordinate to the needs of the community and the municipal government. At any time that the City Council of the City of Ukiah determines in good faith that the premises is required for municipal purposes, it is agreed that this lease shall terminate and Lessee shall remove from the leased premises all of its property and vacate such leased premises within one hundred eighty (180) days after receipt of a written termination notice from City. In that connection it is specifically agreed that Lessee in the use and operation of this Lease will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any other manner prohibited by any applicable law, including, but not limited to, any rules and regulations of the Federal Aviation Administration. Lessee hereby grants to City the right to take such action as the Government of the United States of Amer'~ca may direct to enforce this covenant. 8. INSURANCE Lessee shall provide at its own expense insurance as required by the attached Exhibit "B" which is incorporated herein by reference. 9. RELEASES AND INDEMNIFICATION. 9.1. This Lease is made upon the express condition that City shall not be liable for any damages or claims for damages by reason of any bodily injury or death to any person or persons, or for the damage or destruction of any property while in, on, or in any way connected with said property or premises during the occupancy of said premises by Lessee. Lessee agrees to defend and hold harmless City, and any of its officers, agents or employees, from and against any and all claims, loss, expense, damage, charge, lien, liability or cause of action or proceedings of whatsoever nature on account of, or arising out of the injury to, or death of any person or persons or damage to or destruction of property or premises, resulting from Lessee's use of the leased prer~ises. It is expressly agreed that the terms of this provision shall include negligence of all parties, excluding only that negligence alleged to be caused solely and exclusively by the City or any of its officers, agents or employees. 9.2. Except in strict compliance with all local, State, and Federal laws, Lessee shall not dispose of or permit the disposal of hazardous or toxic substances on the leased premises. If, during the term of this lease, any hazardous or toxic substances are disposed of or released on the leased premises by Lessee or any of Lessee's officers UkiahWhsle.agr January 14, 2002 agents, employees, contractors, or invitees, except in strict compliance with all local, State, and Federal laws, Lessee shall assume the entire obligation to clean up any such substances, whether the pollution or damage remains on the leased premises or extends to lands or waters located outside the boundaries of the leased premises, and shall fully indemnify, defend and hold harmless the Lessor from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. Such costs and expenses shall include defense costs, including courts fees, litigation expenses, and the fees of attorneys, investigators, experts and consultants. This subparagraph shall remain in effect, even after the termination of this Lease. 10. ASSIGNMENTS. This Lease shall not be assigned, transferred, let, sublet, nor underlet by Lessees except with the written consent of City and upon such terms and conditions as City may require and for such length of time as City may fix. The prohibition against assignment without consent shall include assignments by operation of law and assignments by any court or similar body. 11. BINDING ON ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, heirs, partners or legal representatives of each party. 12. REMEDIES IN EVENT OF DEFAULT. Should Lessee fail to keep, comply with, or perform any of the agreements, covenants, or conditions of this Lease by them agreed to, City shall have the right to terminate this Lease and enter upon said premises and remove there from all persons and property, and repossess itself of its first and former estate. In the event of breach or default by Lessee of any condition of this Agreement, including failure to pay rent when due, City may keep and retain any advance payments made by Lessee and may recover from Lessee the full amount of rental payments due under this Agreement in addition to any other damages allowed by law. ' 13. TAXES. Lessee agree to pay any possessory interest or other tax which may be levied upon Lessee' interest or upon that portion of City property occupied by Lessee. 14. TIME OF ESSENCE. Time is of the essence of this Agreement. UkiahWhsle.agr January 14, 2002 15. WAIVER. A Party's waiver of any default in the other Party's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or their assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 16. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE TO CITY Messrs. Kennedy /Van Vrank Ukiah Wholesale Lumber 1117 Commerce Drive Ukiah, CA 95482 City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 17. This Lease is intended to and does supersede the all previous and/or existing agreements and/or leases for the subject property. IN WITNESS WHEREOF, this Lease has been executed this 1st day of September 2001. LESSEE CITY Ukiah Wholesale Lumber Company / //' ~ / B¢l~y Ke~ed~// Fr~i~ ~/a~n- Vra~k / City of Ukiah By: Candace Horsley, City Manager. Attest: Marie Ulvila, City Clerk UkiahWhsle.agr LD/ZI P/AGR UkiahWhsle.agr January 14, 2002 LEASE AGREEMENT UKIAH MUNICIPAL AIRPORT PROPERTY UKIAH WHOLESALE LUMBER, INC. THIS AGREEMENT, by and between the City of Ukiah, a municipal corporation of the State of California, hereinafter called "City", as Lessor, and Ukiah Wholesale Lumber, a corporation organized and operating under and in compliance with the laws of the State of California, Bobby Kennedy, and Frank Van Vrank, hereinafter called "Lessees", WITNESSETH: 1. LEASE. City does hereby lease to Lessees, and Lessees do hereby accept from City, that portion of the Ukiah Municipal Airport shown in red on the attached sketch entitled "Cagle Lease - Ukiah Municipal Airport", which said sketch is incorporated herein by reference and is marked Exhibit "A." City hereby leases this property under the alternate authority contained in Government Code sections 37380 and 37395 and finds that the premises which are the subject of this Lease are not now needed for airport purposes. 2. TERM. This Lease shall be for a term of three (3) years, commencing on the 1st day of September, 2001, and terminating on the 31st day of August, 2004. Lessor or Lessee shall have the right to terminate this agreement upon one hundred eighty (180) days notice to the other party. 2.1. No relocation benefits. Lessee is informed and understands that he may have rights to relocation benefits under Government Code §7260 et seq. and Health and Safety Code §33410 et seq., which generally requires public entities which carry out projects that cause the displacement of residents or businesses to provide for the cost of their relocation. Lessee knowingly and voluntarily waives any right he might otherwise have to relocation benefits upon termination of this lease or at any other time. Lessee understands and agrees that Lessor has relied upon Lessee's agreement that he will not claim relocation benefits in deciding to extend this lease and in agreeing to the terms of this lease. 3. RENTAL. Rent shall be paid as follows: Lessees shall pay to City $1,175.00 per month on the first day of each month, commencing on September 1,2001. Rent for the remaining two years of this Lease shall be increased by 5% annually, effective September 1, of each year. 4. USE AND IMPROVEMENTS. 4.1. The leased premises shall be used only for a lumber manufacturing plant unless the City shall otherwise consent in writing. All improvements installed by Lessees shall comply with all applicable codes, laws, and ordinances regulating the construction or maintenance of such improvements. Construction of any structures other than those noted shall be subject to prior approval by City. No structure may be so removed without the consent of City and all improvements remaining at the conclusion of the Lease term shall, at City's option, become the property of City. All improvements not retained by City shall be removed and the property cleaned to the reasonable satisfaction of Lessor, such approval not to be unreasonably withheld. No burning of sawdust or waste lumber material shall be done. All outside lights shall be so situated so as not to shine directly toward the runway or approach area of the airport. 5. FENCES, PAVING, AND UTILITIES. Lessees shall maintain a 6-foot high fence sufficient to limit access to the leased area around the perimeter thereof; Lessees shall also provide and maintain throughout the life of this Lease paving or dust control oil on the entire premises sufficient to control dust. Lessees shall provide at their own expense, lighting, sewer, water, and all other necessary utilities. 6. SET-BACK LIMITS AND HEIGHT RESTRICTIONS. All improvements installed on the leased premises shall be required to conform to any setback or height limit established by any law, ordinance, or FAA regulation now existing or which may be hereafter adopted. 7. SUBORDINATION. a) This Agreement shall be subordinate to the provisions of existing or future agreement between the City and United States of America, or any agency or administrative arm thereof, and to any rules, regulations, or policies adopted by the United States of America, or any agency or administrative arm thereof, relating to the operation or maintenance of the Ukiah Municipal Airport. Should this Lease be required to be terminated for any of the foregoing reasons, it is agreed that the lease shall terminate and Lessee shall remove from the leased premises all of their property and vacate such leased premises within thirty (30) days after receipt of a written termination notice from City. b) This Agreement shall be subordinate to the needs of the community and the municipal government. At any time that is determined by the City Council of the City of Ukiah that the property which is the subject of this Lease is needed to serve a municipal need, it is agreed that this lease shall terminate and Lessee shall remove from the leased premises all of their property and vacate such leased premises within one hundred eighty (180)days after receipt of a written termination notice from City. In that connection it is specifically agreed that Lessees in the use and operation of this Lease will not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by any applicable laws, including, but not limited to, any rules and regulations of the Federal Aviation Administration. Lessees hereby grant to City the right to take such action as the Government of the United States of America may direct to enforce such covenant. 8. INSURANCE Lessee shall provide at their own expense insurance as required by the attached Exhibit "B" which is incorporated herein by reference. 9. RELEASES AND INDEMNIFICATION. 9.1. This Lease is made upon the express condition that City shall not be liable for any damages or claims for damages by reason of any bodily injury or death to any person or persons, or for the damage or destruction of any property while in, on, or in any way connected with said property or premises during the occupancy of said premises by Lessees. Lessees agree to defend and hold harmless City, and any of its officers, agents or employees, from and against any and all claims, loss, expense, damage, charge, lien, liability or cause of action or proceedings of whatsoever nature on account of, or arising out of the injury to, or death of any person or persons or damage to or destruction of property or premises, resulting from LesseesE~ use of the leased premises. It is expressly agreed that the terms of this provision shall include negligence of all parties, excluding only that negligence alleged to be caused solely and exclusively by the City or any of its officers, agents or employees. 9.2. Lessees shall not dispose of or permit the disposal of hazardous or toxic substances on the leased premises. If nay hazardous or toxic substances are disposed of or released on the leased premises during the term of this lese, Lessees shall assume the entire obligation to clean up any such substances, whether the pollution or damage remains on the leased premises or extends to lands or waters located outside the boundaries of the leased premises or extends to lands or waters located outside the boundaries of the leased premises, and shall fully indemnify, defend and hold harmless the Lessor from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. Such costs and expenses shall include defense costs, including courts fees, litigation expenses, and the fees of attorneys, investigators, experts and consultants. This subparagraph shall remain in effect, even after the termination of this Lease. 10. ASSIGNMENTS. This Lease shall not be assigned, transferred, let, sublet, nor underlet by Lessees except with the written consent of City and upon such terms and conditions as City may require and for such length of time as City may fix. The prohibition against assignment without consent shall include assignments by operation of law and assignments by any court or similar body. 11. BINDING ON ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, heirs, partners or legal representatives of each party. 12. REMEDIES IN EVENT OF DEFAULT. Should Lessees fail to keep, comply with, or perform any of the agreements, covenants, or conditions of this Lease by them agreed to, City shall have the right to terminate this Lease and enter upon said premises and remove therefrom all persons and property, and repossess itself of its first and former estate. In the event of breach or default by Lessees of any condition of this Agreement, including failure to pay rent when due, all rental payments shall accelerate and become due and payable immediately and City may keep and retain any advance payments made by Lessees and may recover from Lessees the full amount of rental payments due under this Agreement. 13. TAXES. Lessees agree to pay any possessory interest or other tax which may be levied upon Lessees' interest or upon that portion of City property occupied by Lessees. 14. TIME OF ESSENCE. Time is of the essence of this Agreement. 15. WAIVER. City's waiver of any default in Lessees[~ performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessees or their assignees shall not constitute a waiver of the failure of Lessees to pay rent or obtain prior approval to an assignment of this Lease. 16. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE TO CITY Messrs.. Kennedy/Smith Ukiah Wholesale Lumber 1260 Airport Road Ukiah, CA 95482 City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 17. This Lease is intended to and does supersede the existing Lease for the subject property. IN WITNESS WHEREOF, this Lease has been executed this 1st day of September, 2001. LESSEE CITY Ukiah Wholesale Lumber Company Corporation By: Bobby Kennedy By: Frank Van Vrank City of Ukiah By: Candace Horsley, City Manager Attest: Marie Ulvila, City Clerk LD/Zip Ukiahwhsle.agr ITEM NO. 10a DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF FORD STREET PROJECT REQUEST FOR WAIVER OF RENT FOR HOMELESS SHELTER AT 1800 NORTH STATE STREET (NORTH FIRE STATION) IN THE AMOUNT OF $250 Staff has received a request from the Ford Street Project to waive the rent for the use of the North Fire Station as a homeless shelter for the last fifteen days of the shelter's operation. In approving Ford Street Project's use of a portion the North Fire Station as a temporary homeless shelter, the Council assigned a rent of value of $500 per month. This value was based upon a split with the Mendocino County Chapter of the American Red Cross, who currently occupies the remaining portion of the building under lease for $1,000 per month. Ford Street Director, Mr. Mark Rohloff has informed staff that the program possesses minimal funds to continue the shelter for the last two weeks of operation between April 1 and April 15 and is therefore requesting assistance. Ford Street has remained current on all rent and utilities during the two seasons of shelter operations and will continue to pay all utilities for its portion of usage. Should the Council approve the request, the total value of the waiver is $250. Staff is recommending approval. RECOMMENDED ACTION: Approve Ford Street Project's request for waiver of two weeks rent at 1800 North State Street between April 1 and April 15 in the amount of $250. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine requested amount requires revision and approve as revised. 2. Determine approval of waiver is inappropriate and do not move to approve Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Yes Ford Street Project Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager 1. March 15, 2002 Letter from Ford Street Project APPROVED: ~ ~__~"~ LD/ZIP1 Candace Horsley, Cit~Manager Shelterwaiver. Asr A United Way Agency The Ford Street Project, Inc. Main Office 139 Ford Street Ukiah, CA 95482 46 Humbolt St. Willits, Ca 95490 309 E. Redwood Ave. Fort Bragg, Ca 95437 Tele - 707-462-1934 Fax - 707-468-9860 Tele - 707-456-9462 Tele - 707-961-6363 Fax - 707-961-6367 fordstproj @ pacific, net CCCenter @ mcn.org March 13, 2002 Serving Mendocino County Since 1973 Candace Horsley Manager City of Ukiah 300 W. Seminary Ave. Ukiah, CA 95482 Dear Ms. Horsley: As you are aware, the Ford Street Project is utilizing the fire station facility at 1800 North State Street to provide Winter Shelter services to homeless individuals and families. We have been paying rent and utilities to the City of Ukiah for the use of that building. In accordance with our original plan, we are hoping to provide shelter up to April 15 of this year so that we can avoid weather problems. To reach that target date, I am requesting that our agency be relieved of our rental payment obligation to the City of Ukiah for the first 15 days of April. This will provide some help to our already tight budget. We would appreciate the City's help in this matter. Sincerely, Executive Director ITEM NO. 10b DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF REQUEST BY THE AMERICAN RED CROSS FOR EXTENSION OF LEASE AND WAIVER OF RENT AND UTILITIES In October 2001 the City Council, in an effort to assist the Mendocino County Chapter of the American Red Cross (ARC), voted unanimously to waive $7,430 in arrears rent. Since that time the National Red Cross has been guiding the local chapter in an effort to preserve a Red Cross presence in Mendocino County. Many of the organization's community education activities such as life saving and safe childcare have been maintained through volunteer efforts. Staff has discussed the continued occupancy by Red Cross at the North State Fire Station and increasing arrears to the City in both rent and utilities with the District Director, Mr. Mark Friedman. Mr. Friedman has indicated some progress has been made in regard to organization and financial recovery. It does appear, however, that in order to preserve some level of service to Mendocino County the local office will need to close for some time. It now appears that management of Mendocino County activities will be conducted by the Lake County Chapter. Mr. Friedman has indicated that it is the intention and hope of the Red Cross to eventually re-establish a functional Mendocino Chapter, however, that achievement will likely be some time in the future. Continued on Paqe 2 RECOMMENDED ACTION: Extend Lease on a month-to-month basis and defer rent and utility waiver until April 17. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine extension of lease and waiver of rent and utility debt requires further consideration and remand to staff with direction. 2. Determine extension of lease is inappropriate and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes American Red Cross Larry VV. DeKnoblough, Community Services Director Candace Horsley, City Manager and Patsy Archibald, Customer Service Supervisor 1. March 12 Letter from the American Red Cross 2. Rent and Utility Spreadsheet APPROVED: ~__~,, I.'~~ LB/ZIP1 Candace Horsley, C~anager RedCross.Asr On March 12, Mr. Friedman forwarded a fax letter to the City requesting financial assistance in the form of a waiver of all obligations for rent and utilities. Although a $7,430 rent waiver was approved in September, the Council declined to waive the utilities, which would have required a cash contribution to the Electric Utility or a debt forgiveness from the utility. Mr. Friedman is also requesting an extension of the lease for a period of two to four months. The current lease is scheduled to expire March 31,2002. Should the extension request be approved, the lease would extend up to June 30, 2002 with a waiver of rent and utilities. In addition to the extension Mr. Friedman is also requesting a month-to-month rental agreement with rent and utilities waived or reduced, beyond the extension period, for the Fire Station until such time as a relocation of the Red Cross operation can be completed or the City needs the facility for some other public use. In order to assist the Council in determining the value of the Red Cross request, staff has prepared a spreadsheet (Attachment #2), which illustrates the total rent and utility expenses from May 2001 through June 30, 2002. Column #1 of the spreadsheet indicates the total rent owed each month. The Council will note a reduction in the rent value during the months of shared occupancy with the Homeless Shelter. Column #2 is the gross utility amount due all utilities. Column #3 illustrates the $600 per month utility assistance, as required by the lease, paid by the City on behalf of the Red Cross from the General Government Buildings Fund towards utility payments. All utility billings for the building are sent to the City from PG&E, Ukiah Valley Sanitation District, Millview Water, and City of Ukiah Electric and paid by the City's Billing Division. In accordance with the lease terms, the City pays the full amount of all utilities and then bills Red Cross any amount over $600. The fourth column illustrates any payments which Red Cross has made during the period. The Balance Due column illustrates the total amount of rent and utility costs accrued, net of the $600 monthly City contribution. As the spreadsheet indicates, the Red Cross will have accrued a total of $28,619.41 in rent and utility debt between May 1, 2001 and June 30, 2002 (including a balance forward from April 2001of $3,057,48). During that same period the amount of the City's utility assistance of $600 per month will have totaled $8,400. When this amount is added to the September rent waiver of $7,430, the total amount of rent and utility contributions, the City of Ukiah will have provided to Red Cross since May 2001, $15,830 or approximately 55% of the rent and utility costs. As a comparison, the Red Cross has paid $4,265.71 or approximately 15%. Should the Council determine to extend the lease through June 30, the balance due is projected to be an additional $6,969.06. Listed below is a projection of the accrued balance due for rent and utilities should the Council wish to extend the lease on a month-to-month basis terminating: Date *Rent & Utilities Rent Only March 31 $3,723.06 $500 April 30 $4,721.06 $1,250 May 31 $5,969.06 $2,250 June 30 $6,969.06 $3,250 Previous Waiver $7,430 (Approved in September) Total waiver by City should Council approve through June 30 will be $24,353.70 · This amount is net of the $600 contributed to utilities by the City each month Staff believes the Red Cross provides a valuable service to this community as well as the entire county and that assistance by the City of Ukiah in retaining its presence in Mendocino County is appropriate. However, staff has not received any information from Red Cross as to the type of assistance the organization has received from other local agencies. Due to the level of financial assistance the City has provided and the magnitude of the request for additional assistance, staff believes it is appropriate for the Council to request such information. As such, staff is recommending the lease be extended on a month-to-month basis with the condition that Red Cross management present to the Council a report of donations and assistance received from other local agencies for the April 17 Council meeting. Staff is also recommending the request to waive the rent and utilities be deferred until that time. Should the Council determine to proceed with approving assistance at this time, staff recommends waiver of the rent only as the City is already providing a $600 per month cash contribution for utilities. o ~ , ~ o~ I I ~ ~ 0 0 0 o o o o o~ o o o lo o ~ o~ ~ ~ o o o o 8 o o o o o o o 18 o ' o~ ooo wo ~ ~ _ ~ 0 0 ~ · ~ o ~ o ~ ~ ~ ~ .- ~ ~~ ~ ~ = ~ o~ .... m E~ · ~ m mm 0 0 0 0 0 ~ 0 0 ~ ~ ~ ~ ~ ~ 0 Z Z ~ ~ American Red Cross ~N0 F~.h Avenue $~'~ Diego, C.al~omi~ 9210~27~ (619) Ukiah Ci~/Council From_' American Red Cross March 12, 2002 STATUS REPORT and I~EQ~ST FOP,. hL~IEF / I ASSISTANCE The American Red Cross continueslto provide Disaster Relief Services and He Safety courses to the ze~deats of Mcndocino County with most .,--:-= ....,_, al.th &' and around Uldah. Iu the past mon..~ we have responded tn s~veral single family and , moa, clommg, shoes, pcrsoiml car~ and other items of n ..... :'-- '- -- ..... riav, e continued to conduct 6-10 cou[-ses ~er month in ,- ...... :,. __~ ....... on .w..e, aha ckild care. ;o ^,,,. ;.,.._, .... iL.. '- . -~,-,-,,~u~ aaxety, nze-sa, vmg skills · It .~ ,,,~ ~u~ml~ w coa[muc meethl~ our co zmportant services now and in the f~ture. ~, .,,.,.,.~.,,.,.u~. to provme mese }'or the past 6 months American Re~ as well as other Red Cross Chapters adrnin/~on, stable the fmanci; county-wide Red Cross activities. I Board of Directors of thc Lake Couz Custodial Chapter for the Mendocin. oversight of the administrative, oper activities w/th thc intent of both cox continue to support these efforts, wl The local Red Cross Chapter has st~ and the City of Uldah. Significaat p nearly 50% howe~er, the remaining projected to be at a "break-even" poi to reduce expenses the decision was 2002 and relocate into a more cost-e: the process of identifying and negoti process presents the prospect of clos~ would not have a facility in which to considerably and adversely cffecting Cross resources from the national and state levels, , have collaborated to provide guidance and Is, and develop a plan to reorganize the local a~d am pleased to inform you that on March 7, 2002 the ry Chapter voted unan/moudy to become the ~.County unit. Lake County will provide full ~tional and finan~ elements of the local Red Cross inuing and growing s~'vices. State resources will ',ch will be closely evaluated on a regular basis. gglcd to resolve significant debt with local suppiiers ogress has been made with the debt reduced by [iabili:i~ cont/nue to exceed the cash assets. It is ut withi~ the nex: 6 months. In an effort to continue ~mde to vacate the Cuxrcnt premises by March 31, fective facility however, there have been' delays in Lting terms for a new location. The delay in this ag the cucrent of~ces with no where to go. We conduct courses .thus, reducing our revenue the continu/ty of'our services and debt reduction. This memorandum constitutes a p :fit. ion to the Ukiah City Council to grant the following requests for interim relief and assi,'tance to enable the R~ Cross to continue to develop and deliver services in Ukiah and ~aroughout thc County. tory natnom aamuo~ai charges or until relocation can b~ cornplcted, · whichever comes first.[ 2. An option to r~ain/n thc current facility, on a mouth-to-month basis, at per month commencing Sune 1, 2002 or later or, until relocation can bc completed or, until suc vacated with reasonabI 3. Relief from the cument. The search for a new location and Custodial Agreement was reached recently been completed. It is estin 2 months with a J'un¢ I target dat~. Your oons/deration of these items i,, shown in the past. Respectfiflly sabmktccl to the Ukia~ Mark Friedman CA State Coordinate National Headquane American P, cd Cross Oeorgina Lehn¢ Executive D/rector Lake Count~ Chapte~ American Red Cross time as the City of Ukiah requires the premises be notice, whichever comes first_ icbt and r~nt incurred through lVlm~h 31, 2002. n~uing lease negotiations could not commence ~ a ~th another Red Cross Chapter and this has only mtcd the relocation process could take a mi~_imum of appreciated as is the wonderful support you have City Council by: Leslie Kemhow Advisory Council M~adocino County American Red Cross Melody Gaycski Chair, Board of Directors Lake County Chapter American Red Cross AGENDA ITEM NO: 10(c) DATE: March 20, 2002 SUMMARY REPORT SUBJECT: DISCUSSION AND DIRECTION CONCERNING PRELIMINARY DRAFT REVISIONS TO THE AIRPORT INDUSTRIAL PARK (ALP) INDUSTIRAL / MIXED-USE REGULATIONS SUMMARY: On February 13, 2002, the City Planning Commission discussed a preliminary approach to revising the regulations for the Industrial / Mixed-Use area in the Airport Industrial Park (ALP). At the conclusion of the discussion, the Commission directed staff to prepare draft regulations for the formal review and public hearing process. Prior to embarking on this task, Staff is seeking the Council's concurrence with the approach endorsed by the Planning Commission. LOCATION OF INDUSTRIAL / MIXED-USE AREA: The Industrial / Mixed-Use area currently includes the lands west of Airport Park Boulevard and south of Commerce Drive. It also includes the two acres adjacent to and north of the existing Mendocino Brewing Company parcel and the approximate one-acre area west of and adjacent to the existing pond northeast of the brewery. In all, the area totals approximately 32 acres (see AlP Map - Attachment No. 4). BACKGROUND: In 2001, the City Council directed staff to reevaluate the regulations for the Industrial/Mixed-Use Land Use Designation in the Airport Industrial park (ALP). It identified a number of issues, which included addressing the act of subdividing parcels, and the mandatory requirement for an industrial component on each parcel. Others issues included buffering industrial land uses from the retail and professional offices, and possibly providing housing opportunities in this area. (continued on page 2) RECOMMENDED ACTION: Discuss the preliminary approach to revising the Industrial/Mixed-Use regulations recommended by the Planning Commission and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTION: Do not discuss the preliminary approach and provide direction to staff. Citizen Advised: AlP Property Owners Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Planning Commission Staff Report and Minutes, Workshop #1 2. Planning Commission Staff Report and Minutes, Workshop #2 3. Preliminary Approach To The Draft Ordinance Revisions (Document) 4. Map of the Airport Industrial Park (ALP) In response to this direction, the Planning Commission conducted two workshops to discuss alternative approaches to revising the regulations. In the first workshop, the Commission considered a number of alternative approaches to revising the regulations (see Attachment No. 1). After a lengthy discussion, the Commission directed staff to craft the regulations using the "Performance Zoning" technique. Generally speaking, Performance Zoning involves permitting any type of land use on any of the parcels, provided that they can be designed to be compatible. While traditional zoning separates land into distinct districts to keep uses segregated, the "Performance Zoning" approach allows any land use provided it can be determined with certainty that it would be compatible with adjacent land uses. The Commission felt that it was important to have flexibility provided the purpose and intent of the area/designation is clearly stated, and the development standards are comprehensive and consistent with the purpose and intent. The second workshop was conducted on February 13, 2002. The purpose was to familiarize two new Commissioners with the project, and to firm up the Commission's previous recommendation. After a lengthy discussion (see Attachment No. 2), the Commission unanimously reaffirmed its thoughts from the first workshop and supported the Preliminary Approach document provided by staff. SUMMARY OF PRELIMINARY APPROACH: As stated in the Preliminary Approach document, the overall purpose of the Mixed-Use land use designation is to provide for a compatible mix of light manufacturing activities, commercial land uses, professional offices, and limited Iow-density residential uses. The intent is to provide an opportunity for a diversity of land uses to locate near each other that would typically be viewed as incompatible, but because of creative site planning, landscaping, and design, they can function without adversely impacting one another. For example, the regulations permit Iow-density/intensity residential components to be carefully incorporated into industrial, commercial, or office developments to create "live- work" neighborhood opportunities. Another purpose of the Mixed-Use designation is to promote Smart Growth and New Urbanism planning techniques. The proposed regulations contain design standards that will lead to the development of office, light manufacturing, commercial, and limited residential uses in a pedestrian oriented, well-landscaped, aesthetically pleasing, mixed-use neighborhood. The proposed regulations encourage light manufacturing land uses to be situated along the railroad tracks on the rear of the parcels, and other land uses to develop along the front of the parcels on Airport Park Boulevard. However, this would not preclude any parcel or parcels from being solely developed with light manufacturing, office, or commercial land uses, provided the proposed projects meet the architectural, landscaping, and other design standards applicable to the proposed type of development, and they are found to be compatible with surrounding land uses. The regulations are intended to create a compatible mix of land uses with ample landscaping and strategic open areas, pedestrian walkways, and attractive buildings that complement one another. RECOMMENDATION: Discuss the preliminary approach to revising the Industrial / Mixed-Use regulations recommended by the Planning Commission and provide direction to staff. CITY OF UKIAH PLANNING REPORT DATE: TO: FROM: SUBJECT: February 28, 2001 City of Ukiah Planning Commission City of Ukiah Planning Department Airport Industrial Park Planned Development Ordinance - Alternative Approaches to Regulations for the Mixed-Use Designation PROJECT SUMMARY: Late last fall, the City Council directed staff to reevaluate the regulations for the Mixed-Use Land Use Designation in the Airport Industrial Park. They identified a number of issues, which included addressing the act of subdividing parcels, and the requirement for an industrial component on each parcel. Others issues included buffering industrial land uses from the retail and professional offices, and possibly providing housing opportunities in this area. Since that time, staff has developed a number of possible approaches to revising the regulations. These include: 1) The Industrial Percentage approach; 2) The Performance Zoning approach; 3) The "New Urbanism" approach; 4) The Industrial Restoration approach; and 5) The Combination Strategy approach. These concepts are not meant to be the only alternatives for consideration. They are intended to provide a starting point for discussions. PROJECT LOCATION: The Mixed-Use area currently includes the lands west of Airport Park Boulevard and south of Commerce Drive. It also includes the two acres adjacent to and north of the existing Mendocino Brewing Company parcel and the approximate one-acre area west of and adjacent to the existing pond northeast of the brewery. In all, the area totals approximately 32 acres (see attached map #1). DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission discuss alternative approaches to regulating the Mixed-Use Land Use Designation in the AlP, and provide direction to staff. ENVIRONMENTAL DOCUMENTATION: The California Environmental Quality Act (CEQA) does not apply to this item because it is merely a discussion of possible approaches to a future "project." The future proposed Ordinance amendments would involve CEQA review. GENERAL PLAN AND ZONING DESIGNATIONS: GP: Master Plan Area / Zoning: PD PURPOSE OF DISCUSSION: The purpose of this Agenda Item is to discuss a number of alternative approaches to the Mixed-Use area, and for the Planning Commission to provide direction to staff for revising the Ordinance. The alternatives listed below are not meant to be the only possibilities for the revised regulations, but rather a starting point for discussion purposes. They are intended to provide a starting point for investigating ways to regulate growth and development in this area of the AlP, and to fulfill the original intent of the Mixed-use theme, which is to provide for a compatible mix of industrial, commercial, and professional office land uses. They are also intended to address the concerns expressed by the City Council, which include making the regulations clearer and more successful in providing opportunities for a true mix of industrial, commercial, and professional office land use. The Council also expressed concern about parcels being subdivided, and developed in a piece-meal fashion, which could preclude an adequate mix of land uses. One of the land uses introduces housing as a permitted land use, which deviates from the original intent of the Airport Industrial park, and the Mixed-Use theme for this 32 acres. However, in the spirit of the City Council's direction to "start-from-scratch", and with the knowledge that suitable land for housing development is scarce in the City, it is an alternative worthy of discussion. However, it must be noted that selecting this or any alternative that deviates too far from the assumptions and conclusions contained in the certified EIR for buildout of the AlP, may require supplemental or subsequent environmental review. Additionally, medium and high-density residential land uses in this area of the AlP directly conflict with the standards and criteria of the Ukiah Airport Master Plan. This issue is discussed in more detail below. Alternative Approaches 1) The Industrial Percentage Approach: This approach involves establishing a specific percentage of the vacant land that must be dedicated to industrial land uses. A possible way to achieve this is to "freeze" the current configuration of the parcels for the purpose of establishing the percentage-per-parcel standard. If, in the future an individual parcel were subdivided, the percentage established for the "mother" parcel would have to be adhered to. For example, if an existing five acre parcel at the time the Ordinance is adopted is subdivided into two separate 2.5 acre parcels, and the industrial use requirement is 50%, then one of the parcels must be developed solely with an industrial land use. In this way, the buildout of the Mixed-Use area is assured of 50% (or whatever percentage is established) pure industrial land uses. This approach may warrant enlarging the minimum parcel size from 20,000 square feet to 1 or more acres to ensure the opportunity for viable industrial land uses to establish. In addition, the other typical development standards such as yard setbacks, lot coverage, height, and landscaping should be re-evaluated to ensure that industrial land uses can be designed to be compatible with adjacent commercial and/or professional office land uses. Consideration should also be given to a relaxation of the amenity requirements (landscaping, architectural value, etc.) for industrial development, and all industrial development should be encouraged to be located on the western portion of the "mother" parcels adjacent to the railroad right-of-way. 2) The Performance Zoning Approach: This approach essentially involves permitting any type of land use on any of the parcels, provided that they can be designed to be compatible. While traditional zoning separates land into distinct districts to keep uses segregated, and to ensure compatibility, the performance zoning approach allows any land use provided it can be determined with certainty that it would be compatible with adjacent land uses. The performance zoning approach would basically eliminate the conventional mixed-use zoning designation, and replace it with a "flexible" district. It would regulate all permitted land uses and structures as a "function of the particular", and frequently measurable "by-products" that each use is likely to have. These by-products (impacts) may vary for the same use (e.g., "industrial") 2 depending on the intensity of that particular use proposed by the developer. Review of the project determines if a land use and proposed building "fits" the location where it is proposed. Essentially, all land uses are potentially permitted with a Use Permit, provided they will not adversely impact adjacent or nearby land uses. While the Performance Zoning concept is complex, and originally designed for a very large area, the basic concepts could be tailored and used in the Mixed-Use area of the AlP. For example, with the understanding that development standards are "flexible", professional offices could be successfully situated adjacent to a light manufacturing land use where products are fabricated, assembled, packaged, and shipped to distributors. The require yard setbacks, height limits, lot coverage ratio, and other "standards" would be established in the process and based on the intensity of the actual proposed land use with consideration of where it is being proposed. For example, a large fabrication and assembly plant would need large yard setbacks and landscaping requirements to attenuate noise if it is located adjacent to a professional office complex. However, if it proposed to be situated adjacent to warehousing operation, perhaps the yard setbacks and landscaping requirements can be relaxed. The development standards are determined by the intensity of land use and where it is being proposed in relation to adjacent and nearby land uses. In order to address the concern regarding the potential subdivision of lands and resulting elimination of light manufacturing/industrial land uses, this approach would need to incorporate certain minimum parcel sizes and/or provisions from the other approaches being considered. 3) The "New Urbanism" Approach: Very simply, "New Urbanism" community design is a reaction to urban sprawl. It is based on the belief that a return to traditional neighborhood patterns is essential to restoring functional, sustainable communities. New Urbanists believe that with proper design, office, light industrial, retail, and residential uses can be accommodated in a walkable, aesthetically pleasing, mixed-use neighborhood. This approach would create opportunity for Iow-density residential land uses within the Mixed-Use designation. It would provide opportunity for small residential units to be constructed above retail shops and professional offices. Medium and high density residential cannot be pursued because of the density limitations of the Airport Master Plan. An additional potential problem with mixing residential with commercial, office, and industrial uses would be providing separate outdoor living areas that would be compatible. The development standards could be crafted to allow or require residential units to be mixed with commercial, professional office, and light industrial developments to create a functional and compatible "working" neighborhood. Strong design standards for pedestrian and bicycle facilities, pocket parks, landscaping, and building siting and design help to make the new urbanist neighborhood more "livable." This approach to the Mixed-Use area in the AlP could require supplemental or subsequent environmental review, because the residential component was not assumed in the certified EIR for the buildout of the AlP. 4) The Industrial Restoration Approach: This approach would involve restoring the Mixed-Use area back to a primarily industrial district. Light manufacturing would be an allowed land use, and small commercial and professional offices would be permitted with the securing of Use Permits. A cap on the size (square footage) of non-industrially used buildings would be established to preserve the opportunity for light manufacturing and other industrial based uses, and to ensure that they were primarily being established to serve employees of the industrial facilities. /-3 5) The Combination Strategy Approach: This approach involves combining a number of approaches together. For example, "New Urbanism" techniques could be combined with a mandatory light-manufacturing component. The rear 2 acres of the parcels, which are situated up against the railroad tracks, could be reserved for light manufacturing and related land uses. The front +2 acres of each parcel could be available for commercial land uses such as retail shops, stores, restaurants, coffee shops, deli's, etc. The commercial land uses could be held to a higher design standard, and would require more landscaping, parking, and general amenities. In the event that light manufacturing land uses are proposed on the front portion of parcels, they could be held to a higher design standard as compared to the rear portion of the parcels. Residential land uses could be permitted above the commercial shops and stores in the form of small, Iow-density apartments. The Airport Master Plan limits residential uses in terms of density, so that the opportunities would be limited. The development standards for the commercial land uses along Airport Park Boulevard could be somewhat flexible. For example, if shops with upstairs apartments are proposed, the front yard setback may be reduced from 25 feet to 15 feet to create more of a pedestrian friendly streetscape. Street trees could be required with a wider than normal meandering sidewalk. Shared driveways could be encouraged, and parking lots could be required to be situated in the middle of the parcels between the commercial developments and the light manufacturing land uses. CONCLUSIONS: The City Council has asked the Planning Commission to revisit the Mixed-Use land use designation within the AlP with the direction to provide regulations that are clearer and more successful in providing opportunities for a mix of industrial, commercial, and professional office land uses. They also want solutions to problems resulting from parcels being subdivided, and developed in a piece-meal fashion, that could preclude a true mix of land uses. Staff has presented a number of alternative approaches to designing regulations that address these concerns. We are requesting that the Planning Commission conduct a broad discussion of these alternatives and other ideas, and provide direction to staff for preparing revised regulations for consideration and adoption. ATTACHMENTS: 1. Airport Industrial Park Land Use Map 4 above could be resolved/discussed so that the business could be re; ltained and operated by the applicant. Mr. P; :o stated his project is subject to financial constraints, but he ~ld be recommendations that would significantly enhance the aesth~ of this project. Larry Eon, 501 ~rtinez Avenue, Martinez, CA, represents the of the site located at 130 Avenue as Golden Gate Petroleum, Bill and Donna Nash lease and opera the facility. He was also concerned ~e fence location and obstruction of visibility, favored the slats being removed the chain link fence. He further expressed cc relevant to possible hei limitations for outdoor merchandise. PUBLIC HEARING CLOSED: 7: Planning Commission Discussion: ).m. Commissioner Pruden supported the concepts as presented. plan, lighting, parking, and signage It was the consensus of the drainage, existing fence line in merchandise would be displayed. safety and e project concerns relate to site issues, and where/how the Chairman Correll back, and the slats the fence lines should ular in shape, set The Commission corn nded the applicant for the improvements to the property. It was noted the ect would be continued allowing the applicant and the aforementi, ;d project concerns. ff to resolve ON A carried uncel A by Commissioner Pruden, seconded by Commissioner was an all AYE voice vote to continue Major Use Permit No. 00-55 to a te as submitted by Michael Panzo with Findings Nos. 1-10 and Conditions Nos. 1-25, as outlined in the staff report and as discussed above. JSED: James Mulheren Discussion concerning alternative approaches to revising the development Regulations for the Mixed-Use Land Use Designation in the Airport Industrial Park (ALP). The Mixed-Use (Hastings), and north of the existing brewery parcel (Assessor's Parcel Nos. 180-080-16,19,22,25, 26, 27, 28, 29, 30, and a portion of 180-110-06). The purpose of the discussion will be to select a general approach to formally revising the Mixed-Use Regulations. Alternative approaches include, but are not limited to an Industrial Percentage approach; a Performance Zoning approach; a New Urbanism approach; an Industrial Restoration approach; and a Combination Strategy approach. Planning Director Stump reported City Council has directed staff to reevaluate the Regulations for the Mixed-Use Land Use Designation in the Airport Industrial Park (ALP). MINUTES OF THE PLANNING COMMISSION Page 8 February 28, 2001 The City Council expressed concern relative to parcel subdivisions, the requirement for an industrial component on each parcel, and the potential buffering for industrial land uses from the retail and professional offices, and possibly providing housing opportunities for this area. One issue presenting a problem is the fact the ordinance calls for every project to possess an industrial component. Some of the larger parcels could potentially be subdivided and it may not be realistic to require that such a parcel possess an industrial component. City Council's objective was to devise a manner in which to preserve the opportunity for light manufacturing/industrial land uses in the AlP. The mixed-use designation as formulated in the Regulations was required to maintain an industrial component, which may not be a pragmatic approach. Staff developed a number of possible approaches to revising the Regulations and these include: The Industrial Percentage approach, The Performance Zoning approach, The New Urbanism approach, The Industrial Restoration approach, and The Combination Strategy approach. These approaches are specifically identified in the staff report, dated February 28, 2001. He drew attention to the rendering and noted some of the mixed-use features this community may see in the future may include commercial land uses for the front parcels and industrial/light manufacturing/warehousing uses for the rear parcels adjacent to the railroad tracks. The objective is to provide AlP land use regulations, which strongly encourage and provide opportunity for the aforementioned approach. The problem would be effectively drafting the Regulations reflective of the rendering. Staff is reluctant to recommend mandating that a certain percentage of the proposed land uses be implemented into the Regulations. Staff supported incorporating flexibility for those specific land uses in the Regulations should changes be necessary based on the merits of a particular project. Staff's intention is to create Regulations that move toward facilitating the aforementioned type of development in the mixed-use area to include some flexibility for projects that incorporate outstanding merit. Staff recommends that the Regulations encompass much higher design standards for the commercial land uses and a lesser design standard for the industrial/light manufacturing land uses located in the rear of the AlP. He noted, generally, the manufacturing businesses are not able to afford the high architectural standards and elaborate amenities like those of commercial/professional office and he would like to incorporate this concept into the Regulations in order to encourage industrial/light manufacturing businesses. Staff recommended implementing a combination of proposed approaches. Commissioner Puser queried as to future commercial uses envisioned for the front area of the AlP? ,Mr. Stump drew attention to the renderings and stated the light manufacturing areas could be anything from the garment industry type land use to warehousing with ..... associated light manufacturing. He noted the property located to the south could be utilized for commercial/retail with warehouses in the rear containing loft units for living. These living accommodations would be Iow density for individuals working in the warehouse industry. He recommends that the front area remain flexible to include mixed uses for shops, possible restaurants, and/or professional office. He noted this area could potentially incorporate a larger retail component with shops and/or professional office to allow for varied business opportunities. The renderings depict uses incorporating meandering sidewalks, aesthetically pleasing architectures, eclectic mix of shops, eateries, and professional offices encompassing pleasant entryways and landscaping. The design emphasis would be on the parcels located to the front. MINUTES OF THE PLANNING COMMISSION Page 0 February 28, 2001 Commissioner Puser supported the visual concept of the renderings, but stressed the importance of maintaining and encouraging professional office to remain in the Downtown. She noted it is important for the Downtown to continue with architectural building/landscaping improvements and higher design standards. Staff agreed that the charm of Downtown should be preserved with shops/restaurants and to avoid the development of large retail chain establishments. Retail establishments containing large square footage could not be located in the Downtown due to the space requirements. Staff noted it would not be realistic to anticipate that the industries requiring such professional office space would completely fill the Downtown then having to expand into the AlP. PUBLIC HEARING OPENED: 8:39 p.m. Gary Akerstrom, Ukiah, Redwood Business Park representative, presented a brief history relevant to the project development of the AlP and specifically addressed the necessity for the industrial use component established for the Park. He also addressed some of the problems with utilizing Downtown buildings to include space accommodations, energy efficiency, building improvement cost factors, and other associated problems. He advocated it might be more cost effective to construct a new building rather than attempting to refurbish an old building. He noted the Downtown should be reserved for government, banking, administrative, and title company businesses. It was noted that Gary Akerstrom was in agreement with staff's intent to preserve a mixed-use theme providing for a flexible compatible mix of industrial, commercial, and professional office land uses. Mr. Stump expressed the importance of examining the 32-acre parcels for the manner in which they have been configured and recommended "freezing them in time" for the purpose of placing any potential mixed-use percentages at the current parcel size. He noted if, in the future, an individual parcel were subdivided, the percentage established for the "mother" parcel would have to be adhered. For example, if an existing five acre parcel was subdivided into two separate 2.5 acre parcels, and the industrial use requirement is 50%, then one of the parcels must be developed solely with an industrial land use allowing that buildout of the mixed-use would be assured of 50% or whatever percentage is established be pure industrial land use or manufacturing/light industrial. In other words, the mother parcel must contain an industrial component at buildout. Commissioner Chiles inquired whether consideration has been given to zoning the back portions of the parcels for industrial use? Mr. Stump stated essentially this concept has been proposed relevant to the five alternative approaches to regulations for the mixed-use designation. He noted the significance of allowing for flexibility so as not to preclude the possibility of incorporating light manufacturing to the front portions. Chairman Correll supported the Performance Zoning approach permitting any type of land use on any of the parcels, provided they can be designed to be compatible with adjacent land uses. Past approaches have been to alter the zoning to fit the use. He supported the concept that all projects be held to a high design standard. He noted that MINUTES OF THE PLANNING COMMISSION Page ]0 February 28, 2001 eventually the railroad may operate in this area as a passenger train or even for freight or light-rail purposes. Commissioner Puser expressed concern regarding the possibility of businesses being located in the AlP rather than being concentrated in the Downtown. She discussed the possibility of combining applications relevant to several of the proposed alternative approaches in order to determine whether the approaches are practical. She acknowledged the fact that it is more difficult to build in the Downtown as opposed to the AlP. She stated it is essential to provide incentives within the Downtown and encourage new development to preserve existing businesses to remain in the area. Commissioner Pruden stated the Downtown core basically consists of the area from Henry to Clay Streets. She drew attention to the building "eye sores" along State Street. She noted the areas between State Street, Waugh Lane, Cherry Street and Talmage have huge redevelopment potential. She noted many vacant lots existing along the southern portions of State Street whereupon some of the older buildings are now considered substandard in terms of design and maintenance/repairs. She supported the Performance Zoning approach, but noted it is complicated to interpret. She favored, if having the option to start over with the AlP zoning, to eliminate the Planned Development zoning (PD) and the Ordinances associated with the AlP and implement the entire Park with C-1 zoning standards for the mixed-uses. She noted this particular zoning is flexible and incorporates a high design standard. She indicated the little private enterprises and/or businesses would not locate in AlP because it would be too expensive and a facility incorporating a large square footage similar to the facilities currently located in the AlP would not be necessary for a "start-up" business. Commissioner Puser recommended the City provide incentives for infill and redevelopment in the Downtown, since there are a number of available locations. The mixed-use zoning designation approach should appropriately be considered to ensure the approach does not discourage growth in the Downtown. Commissioner Mulheren favored the Performance Zoning approach and noted appropriate mixed-use zoning designations have been a problem in this area for years due to the lack of businesses willing to build and/or relocate to Ukiah. He noted Ukiah does not have the housing opportunities to attract a very large business encompassing many employees. He noted it would be unfair to penalize the AlP to ensure that most businesses remain in the Downtown, since every business has special needs in terms of operating accommodations. Mr. Stump reported the City Council recommended that consideration be made to include housing opportunities in the AlP. He further noted housing on western portions of the AlP could potentially create compatibility conflicts with the Airport Master Plan requirements. Commissioner Pruden noted the C-1 Zoning District standard allows a housing mix along with commercial/industrial uses. She further noted C-1 zoning is virtually the ultimate zoning concept and would meet the compatibility criteria for AlP mixed-use designation incorporating the highest design standards for commercial and industrial uses. She supports the concept of incorporating C-1 zoning standards for all commercial and industrial uses rather than C-2 zoning. She introduced the concept entitled, "work /Live" and noted some cities incorporate this concept. Essentially, a business complex MINUTES OF THE PLANNING COMMISSION Page ! ] February 28, 2001 would allow office space on the lower level portions and living space on the upper level. This concept encompasses the industrial use corrugated with high technical exposed design element. She recommended the community be "open to" the creation of "workers housing" accommodations, which could be a desirable approach for the AlP to include Iow-density apartment accommodations on top of a retail/commercial establishment. Mr. Stump stated implementation of this concept would be problematic in terms of specific outdoor living facilities, but could be resolved through design modifications. Staff is supportive of the concept relevant to warehouse work/living situations, since this community is experiencing problems with housing shortages. Ms. Pruden expressed the importance for this community to maintain high design standards and to "pick and choose" the business projects that best benefit the area and land uses. It was the consensus of the Commission to support the Performance Zoning land use approach. There was a brief discussion regarding Performance Zoning as opposed to C- 1 zoning. Staff noted discretionary review would still remain for all projects. Staff further noted formulation of the Regulations would be a challenge and a combination approach to these concepts may be the most appropriate. However, Performance Zoning is the most flexible incorporating the most compatibility of the five zoning approaches. It was noted infill redevelopment is the "real" target of opportunity for this community. Chairman Correll stated it is a shame that there is no redevelopment funding available to assist with refurbishing some of the older buildings in certain areas. Mr. Akerstrom commented on potentially implementing C-1 zoning standards for the AlP and stated this particular zoning can be limiting whereupon the existing PD zoning allows for certain flexibility approaches for the various types of development requirements such as easements and/or other necessary project components. He stated, regarding the PD zoning district, a use can be implemented which exactly mimics the use in the C-1 zoning district. He supports the concept of an allowed mixed use where certain uses are allowed but are not enforced to the extent that certain requirements and/or standards would limit the perspective use. He briefly commented, as one of the owners, on some of the significant financial obligations, past business negotiations, and general planning difficulties associated with the Redwood Business Park. Mr. Correll noted the "past is the past" and Ukiah as a community has changed economically in terms of business expectations as well as living accommodations and this is the reason for reexamining the mixed-use approaches for the AlP. There exists a lack of developable land in this community, which affects the elements of business and housing. Mr. Stump stated in response to the above-referenced discussion, staff would formulate draft Regulations incorporating the concept pertinent to Performance Zoning approach for later review by the Planning Commission. 10. PLANNING DIRECTOR REPORTS Mr. Stump reported on the recent Golden property abatement. He further reported on the agenda for the City Council/Planning Commission Joint Meeting later this week. MINUTES OF THE PLANNING COMMISSION Page ]2 February 28, 2001 City of Ukiah Staff Report to the Planning Commission PRELIMINARY DISCUSSIONS: AIRPORT INDUSTRIAL PARK INDUS TRIAL/MIXED-USE REGULATIONS Item No. 9(A) Meeting Date: February 13, 2002 INTRODUCTION: At the direction of both the City Council and Planning Commission, staff has been preparing revisions to the Industrial/Mixed-Use development regulations contained in the Airport Industrial Park Planned Development Ordinance. We completed a preliminary approach document that was shared with the representative for the Redwood Business Park (RBP), which owns most of the property in this area. This draft approach was based on the direction provided by the Planning Commission last spring (minutes attached). The comments received from representatives of the RBP on this preliminary work product included concerns about its length, format, and content. Before revising the document further, Staff believes that it is important that the Planning Commission review the preliminary approach and provide direction to staff. We will return with a formal draft Ordinance for consideration at a later date. PROJECT DESCRIPTION: The growth and development of the AlP is governed by a Planned Development Ordinance that was originally adopted in the late 1980's (previously distributed to the Planning Commission). It has been revised many times over the years to reflect changing visions of the AlP and to react to local market conditions. The Planned Development Ordinance separates the land in the AlP into various land use designations. These include Professional Office, Highway Commercial, Retail Commercial, Industrial, Industrial/Automotive Commercial, and Industrial/Mixed-Use. The project involves the revisions of the regulations for the Industrial/Mixed-Use area in the Airport Industrial Park (ALP). LOCATION: The Industrial/Mixed-Use area currently includes the lands west of Airport Park Boulevard and south of Commerce Drive. It also includes the two acres adjacent to and north of the existing Mendocino Brewing Company parcel and the approximate one-acre area west of and adjacent to the existing pond northeast of the brewery. In all, the area totals approximately 32 acres (see attached map). BACKGROUND: Earlier this year, the City Council directed staff to reevaluate the regulations for the Industrial/Mixed-Use Land Use Designation. They identified a number of issues, which included addressing the act of subdividing parcels, and the mandatory requirement for an industrial component on each parcel. Others issues included buffering industrial land uses from the retail and professional offices, and possibly providing housing opportunities in this area. In February, the Planning Commission considered a number of alternative approaches to revising the regulations. After a lengthy discussion, it directed staff to use a variety if approaches with an underpinning of the "Performance Zoning" technique. Generally speaking, Performance Zoning involves permitting any type of land use on any of the parcels, provided that they can be designed to be compatible. While traditional zoning separates land into distinct districts to keep uses segregated, and to ensure compatibility, the performance zoning approach allows any land use provided it can be determined with certainty that it would be compatible with adjacent land uses. PURPOSE OF DISCUSSION: The purpose of this discussion is to familiarize the new Planning Commissioners with this project, and to seek additional direction at this juncture in the process. DEPARTMENT RECOMMENDATION: Staff recommends that the Planning Commission discuss the preliminary work prepared by staff and provide direction. ENVIRONMENTAL (CEQA) DETERMINATION: N/A THE PRELIMNARY WORK PRODUCT: The preliminary approach document attached to the Staff Report is not in Ordinance format and is not intended to represent final Ordinance language. It is intended to provide a framework for discussion. Staff is requesting that the Planning Commission review and discuss the preliminary approach document and provide direction for the preparation of a Draft Ordinance. CONCERNS EXPRESSED BY THE AGENT FOR THE REDWOOD BUSINESS PARK: As indicated above, the comments received on the preliminary work product included concerns about its length, format, and content. Mr. Gary Ackerstrom, representing the Redwood Business Park concluded that the approach and format were inconsistent with the rest of the Ordinance, and that it included vague and undefined terms and concepts. After receiving direction from the Planning Commission, staff will continue to work with Mr. Ackerstrom, other interested property owners, and members of the public to hone the approach for regulating land use in the Industrial/Mixed-Use area of the Airport Industrial Park. ATTACHMENTS: 1. 2. 3. 4. Preliminary approach to the draft revisions (revised February 2002) Existing regulations for the Industrial/Mixed-Use area Planning Commission Minutes, dated February 28, 2001 Map of the Airport Industrial Park Page 14, Last Paragraph, Third sentence, reads, "He stated there is no double people will park in the parking lot along the west side and/or County parking lot unless some measure is implemented to prevent the matter, be amended to read, "He stated there is no doubt people will park in the parking lot along .... " Commissioner Loewenstein recommended striking all references to medium income and replace the term medium with median. Commissioner Loewenstein further recommended the following changes to the minutes: Page 15, Paragraph 2, Second sentence, reads, "His preference would include incorporating more of an income mix consisting of 50 percent of Iow income, 80 percent market, and 20 percent medium income levels rates," be amended to read, "His preference would include incorporating more of an income mix consisting of 50 percent of very Iow income, 20 percent market, and 30 percent Iow income level rates." Page 15, Paragraph 4, reads, "Commissioner Loewenstein addressed the parking issue noting that people in the proposed project income usually drive larger vehicles whereby compact parking accommodations would not be beneficial," be amended to read, "Commissioner Loewenstein addressed the parking issue noting that people in the proposed project income often drive larger vehicles ...... " ON A MOTION by Commissioner Correll, seconded by Commissioner Pruden, it was carried by an all AYE voice vote of the Commissioners present to approve the January 23, 2002 minutes, as amended. 5. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS. No one from the audience came forward. 6. APPEAL PROCESS Chairman Chiles read the appeal process to the audience. meeting, the final date for appeal is February 25, 2002. For matters heard at this 7. VERIFICATION OF NOTICE N/A . PROJECT REVIEWS 9. OLD BUSINESS A. Preliminary Discussion: Airport Industrial Park - Industrial/Mixed- Use Regulations Review of the preliminary revisions to the Industrial/Mixed-Use development regulations contained in the Airport Industrial Park Planned Development Ordinance as requested by both the City Council and Planning Commission. Planning Director Stump reported at the direction of the City Council and Planning Commission, staff has been preparing revisions to the Industrial/Mixed-Use development MINUTES OF THE PLANNING COMMISSION Page 2 February 13, 2002 regulations contained in the Airport Industrial Park (ALP) Planned Development Ordinance. The growth and development of the AlP is governed by a Planned Development Ordinance originally adopted in the late 1980's and has been revised many times to reflect changing visions and to coincide with local market conditions. The PD Ordinance separates AlP land into various land use designations that includes Professional Office, Highway Commercial, Retail Commercial, Industrial, Industrial/Automotive Commercial, and Industrial/Mixed-Use. The Industrial/Mixed-Use area encompasses the lands west of Airport Park Boulevard and south of Commerce Drive and includes two acres adjacent to and north of the existing Mendocino Brewing Company parcel, as well as one-acre west of and adjacent to the existing pond northeast of the Brewery for a total of approximately 32 acres. Last year, the Planning Commission considered a number of alternative approaches to revising the regulations whereby the Commission supported the Performance Zoning technique. The Performance Zoning approach would allow/permit a variety of land uses on any of the parcels, provided it can be determined the development would be compatible with adjacent land uses. He introduced the "preliminary approach" AlP Light-Manufacturing Mixed-Use Development Regulations for the Commission's review and comment stating the document was very preliminary. He recommended the Commission discuss the preliminary approach document and provide direction for the preparation of a Draft Ordinance. Commissioner Pruden inquired whether the Subdivision Map Act governs the parcels in the Mixed-Use area. Mr. Stump replied the Subdivision Map Act would govern any subdivision of parcels in the AlP. Commissioner Pruden further inquired with the new law taking effect January 1, 2002, whether Boundary Line Adjustments applicants would be required to resubmit for a new subdivision map under the new provisions for over five parcels and whether the new law could have an effect on the Mixed-Use parcels in the AlP. She noted a Boundary Line Adjustment requiring applicants to resubmit for a new subdivision map is an extensive process. Mr. Stump replied the largest parcel in the mixed-use area is approximately five acres and that the largest likely subdivision for these particular parcels would likely encompass only two parcel splits. He did not feel Boundary Line Adjustments encompassing four or five of the parcels would likely occur unless there was a land use desiring to locate on one large parcel. He stated, in his opinion, the new law is not likely to affect the mixed- use parcels in the AlP. He commented the aforementioned parcels could be developed individually, subdivided in half, or by combining some of the parcels into one larger parcel. He stated, in his opinion, a Boundary Line Adjustment to reconfigure the parcels would not be conducive based on the existing frontage requirements as well as other factors relevant to market values. He stated Boundary Line Adjustments formulate new parcel lines without the creation of new parcels unlike a subdivision that creates new parcels. Commissioner Wallen desired a brief historical outline of the AlP in addition to the preliminary approach to the draft revisions, the existing regulations, Planning Commission minutes on the Mixed-Use areas, dated February 28, 2001, and a Map of the AlP. MINUTES OF THE PLANNING COMMISSION Page 3 February 13, 2002 Mr. Stump recommended providing a brief historical summary of the Mixed-Use area, which is the focus of tonight's meeting, rather than a comprehensive synopsis of the past, present, and potential development/buildout for the entire AlP. Commissioner Pruden reported the original ordinance was established in the 1980s and the Wal-Mart development in the 1990s was considered to be the first controversial project in the AlP followed by other ordinance modifications to allow Retail/Commercial developments along the highway frontage. These developments were contentious in nature whereby the City Council was not in agreement with the Planning Commission's recommendations on any project beginning with Wal-Mart and continuing south. The last ordinance change resulted from the Hampton Inn project whereby the Commission favored the project but not the site. She stated there have been at least six ordinance changes. Commissioner Wallen inquired whether the AlP was mainly designed to be an Industrial Park. Mr. Stump replied the intent was not for the AlP to be completely viewed as a "pure industrial" area stating the associated name "Redwood Business Park" represents the main portion of what is considered to be the Airport Industrial Park. Commercial development was anticipated, but not to the degree that exists today. Commissioner Pruden stated land from Wal-Mart continuing north was envisioned to be for Highway/Commercial use to include hotel/restaurant/conference complex development, which did not occur. Mr. Stump stated the AlP has been a very controversial issue both from a planning and community development perspective in an effort to appropriately organize and promote orderly growth and development. However, practical developmental standards have been added to the Ordinance in the areas concerning site/building design, landscaping, traffic and pedestrian issues. Amendments and/or modifications were made to the ordinance allowing it to be viewed as a progressive and flexible document as well as to address individual projects with development concerns/problems. There was approximately 100 acres available for Retail/Commercial, Professional Office, Industrial/Light- Manufacturing, Automotive/Industrial, and Mixed-Use component opportunities. Pure mixed-uses encompassing flexibility elements would be ideal to enhance the areas designated for mixed-use purposes that would include some Light- Manufacturing along the railroad tracks, Commercial/Retail and Professional Office in the frontage areas along with Iow-density housing opportunities. The establishment of live/work accommodations may be useful in this area as long as the units comply with the Airport Compatibility Zoning requirements. Chairman Chiles commented on the Industrial use development and the subsequent 50-foot maximum height limit requirement noting that Commercial development would encompass a 40-foot height limit containing a 10-foot mechanical screening. He inquired, hypothetically, if a project were to be originally developed for Industrial use whether the site could also be converted to a Commercial use. Mr. Stump replied discretionary review for the new use would be required depending upon the scope of the proposed project. MINUTES OF THE PLANNING COMMISSION Page 4 February 13, 2002 Chairman Chiles inquired whether the 40-foot height buildings would be developed on the road frontages allowing those buildings encompassing a 50-foot height to be built toward the rear of a lot. Mr. Stump replied the intent is to permit Industrial/Light-Manufacturing buildings to be constructed near the railroad tracks allowing them to be taller than the commercial buildings along the lot frontages. If, for example, an Industrial/Light-Manufacturing use covered the entire lot, the building may be required to be scaled-down in height. Therefore, it is important that the PD Ordinance remain flexible while maintaining high design and development standards. Commissioner Correll elaborated one of the reasons the Commission supported the Performance Zoning concept was to ensure that projects be held to high development standards allowing latitude for project flexibility/compatibility within the AlP. Commissioner Pruden supported the live/work concept in commercially zoned areas. She provided examples of other communities providing for live/work opportunities noting that such arrangements do not noticeably create incompatibility issues, as individuals living in live/work capacities are usually work oriented. She stated there may be a need for limited, modest live/work opportunities within the AlP, but the units would require the establishment of tenant rules and regulations to coincide with neighborhood compatibility issues. Commissioner Correll drew attention to the Thompson development as a good example of a Mixed-Use project. PUBLIC HEARING OPENED: 6:58 p.m. Gary Ackerstrom, Ukiah, AlP representative, stated AlP development objectives have clearly been redefined through the years and continue to change. He was not supportive of the live/work concept for the AlP viewing it as a potential safety hazard should children be allowed to reside in the units from a pedestrian/traffic perspective. However, adults desiring to live/work in the area may be a possible notion for future development. He addressed other developments in the County noting AlP projects are bound by limitations/requirements and, therefore, emphasized the importance of maintaining some project flexibility. He favored the Ordinance continue to provide that projects maintain high development standards. Furthermore, AlP developments may be limited to Professional Office and Commercial uses as these types of businesses may be more financially able to support AlP infrastructure improvements in addition to ensuring quality development. He advised that early on areas adjacent to the railroad were classified as "Railroad-Oriented/Industrial" stating future development cannot be restricted based upon the railroad's future intentions. He questioned the interpretation of the Freeway-Oriented/Industrial concept. The area north of Hastings or Commerce has always been designated for Highway/Commercial or Professional Office/Commercial use. Commissioner Correll inquired whether Mr. Ackerstrom supported the Performance Zoning concept. MINUTES OF THE PLANNING COMMISSION Page 5 February 13.2002 Mr. Ackerstrom was supportive of the Performance Zoning concept in terms of mixed- uses with the exception of allowing children to reside in a live/work situation. He favored allowing the Ordinance to remain flexible in terms of being economically realistic without having to continually amend it for every project presented. PUBLIC HEARING CLOSED: 7:10 p.m. Commissioner Loewenstein favored the AlP Mixed-Land Use concept encompassing the Mixed-Use Residential/Commercial element for those persons living and working in the area. He stated, in his opinion, the Ordinance revisions support development flexibility while encouraging people to live/work in the same area, which could contribute to less vehicle use. The live/work concept is new and unfamiliar making it more difficult to introduce to lending institutions and to generate community interest. Therefore, the concept of permitting live/work units may not be enough to encourage such development without creating incentives toward that type of development. Commissioner Loewenstein commented relevant to page 3, item 3b of the draft document referencing Iow-density residential units stating that the density would be consistent with density requirements contained in the Ukiah Airport Master Plan and it was his understanding that the density requirements in the Airport Master Plan would permit medium density requirements as well. He recommended modification of this section to include Iow to medium density residential units stating incorporation of residential units above commercial establishments or residential above office does not realistically correspond with Iow-density residential use as there could be uses encompassing six or more units to the acre. He noted the problem with maintaining Iow density residential units is that an applicant proposing a Mixed-Use project could misconstrue the use intent as provided for in the Housing Element and, therefore, he recommended modifying the wording to include Iow to medium residential units relevant to mixed Residential/Commercial uses. Mr. Stump stated the Airport Compatibility Zone line is different north of Commerce Drive than it is to the south and that higher density is allowed north of Commerce Drive than to the south. Staff will review and confirm whether the Airport Master Plan will allow the possibility for medium density residential development south of Commerce Drive. It was noted live/work opportunities incorporated into a commercial element may appeal to individuals who have already raised their families, but the proposed residential units may not be conducive for families. The units may appeal to those individuals working in the area as clerks, waitresses or in other related capacities. Commissioner Loewenstein drew attention to page 6, item 5 of the draft document that states, "The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature." He noted in his observations of certain developments that the use of bright colors can be aesthetically pleasing and "exciting." He further noted the document is somewhat inconsistent as it emphasizes that projects be unique and interesting in some parts and in other parts suggest that projects be subdued and earth tone in nature. He recommended the language be modified to allow for color creativity but tastefully represented. MINUTES OF THE PLANNING COMMISSION Page 6 February 13, 2002 Commissioner Pruden pointed out in her observations that earth tone colors have taken on a different concept with the use of more intense earth tone colors that can be aesthetically appealing. Commissioner Correll stated the intent was to prevent/discourage applicants from using unattractive garish colors on prospective building projects. Commissioner Loewenstein inquired whether section g, Signs, stating, "The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site," would include neon lighting. He noted in his observations use of neon colors and lighting can be attractive and innovative. Mr. Stump replied the use of neon may not necessarily be ruled out. It was noted the Commission allows for discretionary relief relevant to project design, lighting, color palates, and signage issues whereby the applicant is encouraged to work with staff and the Commission to develop an aesthetically pleasing project. Commissioner Loewenstein inquired whether encouragement of discretionary relief would pertain to areas in the draft document where certain design elements are "not permitted." Mr. Stump referenced section g, Signs, item 2c, for example, and stated, "Relief from the sign standards may be granted through the discretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the immediate built environment and would not have an adverse impact on the health and safety of the general public." In other words, the intent is to gain relief from the word "shall" where it is deemed appropriate. He noted, for example, an applicant is allowed to request subsequent relief from the Planning Commission relevant to color scheme that may appear to be restrained and not harmonious. Chairman Chiles recommended regarding page 6, section 5 that the word "shall" be changed to "may." It was noted the relief provisions and/or option does not pertain to all sections and appears inconsistently. Mr. Stump suggested that the Planning Commission could revise the document to include relief provisions for all site planning and design standards throughout the document to promote flexibility. The Planning Commission would have the option of deciding whether to grant relief or not. Commissioner Pruden suggested the relief provision be incorporated into the document as an introductory statement stating that an applicant has the right to apply for discretionary relief to project conditions, as the relief provision is consistently implied throughout the draft document. She noted, however, there would not be discretionary relief for certain issues pertinent to public work issues and/or other issues not subject to discretionary review by the Planning Commission. Commissioner Loewenstein commented on page 7, section i, Lighting, noting the language that reads, "Exterior lighting shall be subdued," is vague and allows for MINUTES OF THE PLANNING COMMISSION Page 7 February 13, 2002 potential security concerns. He stated a development could encompass no exterior lighting and, therefore, questioned the definition of the word, subdued, in this context. Also, people may possess a difference of opinion as to what constitutes subdued lighting. Commissioner Wallen stated appropriate lighting systems are contingent upon lighting orientation, use of shading techniques, and use of specific lighting materials in order to reframe from light pollution. He favored implementation of lighting standards. There was a brief discussion regarding lighting accommodations and safety issues in terms of lighting types, implementation techniques, and mitigation measures taken to ensure safety while controlling light pollution. Commissioner Loewenstein further commented on the lighting section, i3, stating the language that reads, "Tall lighting fixtures that illuminate large areas shall be avoided," is "unspecific" since the definition of tall to one person may not be the same to another person. He recommended specifying height, wattage, and adequate amount of spill over and glare in the Mixed-Use regulations. Commissioner Wallen stated very little has been said concerning vehicle traffic in the area. He expressed concern about the potential for increased traffic congestion on Talmage Road at the main intersection to the AlP with the introduction of Residential/Commercial use opportunities in the area. He suggested relevant to adopting multiple-use components to the AlP that there be consideration for the implementation of another freeway access located farther south. Mr, Stump acknowledged the above-referenced concern and provided some historical insight on the traffic issues in the area. He stated shortly after the development of VVal- Mart, the Redwood Business Park funded an EIR for the buildout of the entire ^IP. This document was certified by the City Council in 1996 and the document took into account traffic concerns, which was one of the major issues. A Traffic Impact Fee Program was devised as a result of the study so that all of the future development would be required to pay into a traffic improvement mitigation program. There is an entire mitigation improvement program that will be implemented once the funds are collected to address cumulative traffic problems resulting from the buildout of the AlP. Therefore, from staff's perspective, the traffic issues have been resolved, because improvements will be funded and constructed as the Park builds out to accommodate the traffic. A brief discussion followed relative to former recommendations for alternative access areas to the AlP to include southern access envisioned to Norgard Lane and connecting to South State Street. The EIR indicated this alternative access would require tremendous mitigation to mitigate noise impacts and access problems for larger vehicles. Mr. Stump stated in addition to the resolution of traffic problems with the formation of a traffic impact fee program, implementation of an alternative southern access route for emergency vehicles was necessary. The City Council adopted a solution requiring a gate from the Airport onto Airport Road be implemented once the AlP reached 50 percent buildout to provide for emergency access from across the Airport. In short, the proposed southern access concept has been reduced to emergency vehicle access at a point in the future. Mr. Stump stated overall traffic/circulation issues have been resolved based upon the conclusion of the EIR with MINUTES OF THE PLANNING COMMISSION Page 8 February 13, 2002 the mitigation program and traffic impact fees that will be collected to fund the improvements. Chairman Chiles questioned whether a north ingress and south egress was ever considered along the freeway side. Mr. Stump replied City staff may have considered this concept in the past, but with the traffic improvements being planned and funded the traffic/circulation would flow adequately as concluded by the EIR to meet the Ukiah General Plan standards/requirements. A general discussion followed regarding the potential for traffic lights implemented on the key streets of the AlP for the purpose of staggering traffic. Commissioner Loewenstein interjected incorporating Mixed-Use developments with live/work units in the area could lessen the number of vehicular trip generation. Mr. Stump added the percentage of developments on the lots and/or intensity of development per lot is less than originally indicated by the EIR. The average lot coverage has been in the 20 to 25 percent range whereby the EIR assumed and/or allowed for approximately 40 percent lot coverage, but the traffic and other impacts are not occurring as intensely as originally anticipated. Commissioner Pruden expressed concern regarding the original objective of the AlP. She is supportive of the Park being developed for more Industrial rather than Commercial use. However, development has fallen into a different direction than as an "industrial park employment center~' as originally perceived. If the Light- Manufacturing/Mixed-Use area were zoned C-1, no Industrial or Manufacturing uses would be included. If the area were zoned C-2, no Commercial/Retail would be included. The Light-Manufacturing/Mixed-Use area allows an applicant to present a project to include Warehousing, some Residential, Manufacturing, Professional Office and/or Industrial use. She noted the Mixed-Use concept encourages a "free for all" development in the AlP. Mr. Stump stated regarding Mixed-Uses for the 32-acre parcels, that projects approved selectively and developed creatively incorporating good quality design and landscaping features may be very compatible. The Planning Commission has the authority to deny a project if it does not meet the purpose and intent of the AlP Industrial/Mixed-Use Regulations in terms of compatibility use issues. Commissioner Wallen viewed the AlP as an experimental development concept encompassing some intriguing ideas. He was not opposed to the Mixed-Use concept as he has been with regard to some of the City's zoning regulations, as the AlP is a well- defined area whereby high developmental standards can be established. The area can be planned without "hodge-podge" development as long as the standards are appropriately enforced. Commissioner Loewenstein stated site flexibility must be available so that a response can be made to market values since no one can predict which way the market will turn. He recommended implementing developmental standards, providing some document MINUTES OF THE PLANNING COMMISSION Page 0 February 13, 2002 & flexibility for applicants making the financial investment in the property, and allowing for enforcement of the standards. Commissioner Correll stated project standards are initially determined at the beginning of the development phase as well as during the discretionary review process by staff, the Planning Commission, and the City Council. He was pleased to be a participant in the ^IP planning process. Commissioner Wallen inquired whether the pond at the southern end of the Light- Manufacturing/Mixed-Use area in the vicinity of the Mendocino Brewing Company on the east side was a natural pond or man-made. He noted this area could be attractively developed into a park or utilized for residential purposes. He noted the pond appears to be permanent and could be viewed as a potential liability in terms of safety issues. Mr. Stump replied the pond was not natural and indicated although the pond is spring fed it and it collects excess drainage water. It does contain Army Corps delineated wetlands. Commissioner Pruden inquired for clarification purposes whether the Industrial/Manufacturing uses would be located on the west side of the boundaries adjacent to the railroad tracks and whether the Professional Office/Mixed-Use or more aesthetic uses would be located on the east side or front portions of the parcels. She addressed the Mixed-Use concept noting it would not be aesthetically conducive to allow the construction of a warehouse in front of a professional office potentially obstructing its view. Mr. Stump reiterated in all practicality persons looking to purchase property for Professional Office/Commercial/Mixed-Use Residential would desire the frontage property on the eastern portions of the lots allowing the western portions of the lot to be developed for Industrial/Manufacturing purposes. Commissioner Pruden inquired regarding the aforementioned prospective locations for Industrial/Manufacturing and Commercial/Mixed-Uses, as some of the larger parcels are not split. She recommended relevant to the Mixed-Use concept that language be crafted indicating that Industrial/Manufacturing uses be constructed on western portions of the lots in the event the lots are split. She noted the importance of maintaining a consistent development standard allowing for Industrial/Manufacturing uses to be constructed toward the rear of the lots allowing the other more aesthetic uses to be development on the front portions of the lots. There was a brief discussion regarding specific corner lots and the potential effects to the possibility that the railroad would be again become operable. It was noted the manner in which the sites are mixed incorporating the different uses is very important in appropriate planning of the AlP. Mr. Stump stated staff would continue to work on AlP Industrial/Mixed-Use Regulations taking into consideration the above-referenced Commission recommendations as well as continue to work with the AlP property owners to ensure the maintenance of quality projects and preservation of developmental standards. MINUTES OF THE PLANNING COMMISSION Page 10 February 13, 2002 AIRPORT INDUSTRIAL PARK Light Manufacturing Mixed-Use Development Designation PRELIMINARY APPROACH TO THE DRAFT ORDINANCE REVISIONS For Planning Commission Discussion February 2002 5-/ LIGHT MANUFACTURING/MIXED-USE DESIGNATION 1. Purpose and Intent The purpose of the Mixed-Use land use designation is to provide for a compatible mix of light manufacturing activities, commercial land uses, professional offices, and limited Iow-density residential uses. The intent is to provide an opportunity for a diversity of land uses to locate near each other that would typically be viewed as incompatible, but because of creative site planning and design, they can function in harmony without adversely impacting one another. For example, the Ordinance permits Iow-density/intensity residential components to be carefully incorporated into industrial, commercial, or office developments to create "live-work" neighborhood opportunities. The purpose of the Mixed-Use designation is also to promote Smart Growth and New Urbanism planning techniques. The Ordinance contains design standards that will lead to the development of office, light manufacturing, commercial, and limited residential uses in a pedestrian oriented, well-landscaped, aesthetically pleasing, mixed-use neighborhood. The Ordinance encourages light manufacturing land uses to be situated along the railroad tracks on the rear of the parcels, and to develop other land uses along the front of the parcels on Airport Park Boulevard. However, the Ordinance does not preclude any parcel or parcels from being solely developed with light manufacturing, office, or commercial land uses, provided the proposed projects meet the architectural, landscaping, and other design standards applicable to the proposed type of development, and they are found to be compatible with surrounding land uses. In the case of a "master planned" mixed-use development, the majority of parking facilities are required to be situated in-between the light manufacturing and commercial land uses in the middle of the parent parcels, rather than along the Airport Park Boulevard frontage. The land uses along Airport Park Boulevard are held to a higher design and site planning standard than the light manufacturing land uses, because it is situated in the more visible location, and because light manufacturing land uses are highly desired and a lesser design standard provides an inherent incentive. The regulations are intended to create a compatible mix of land uses with ample landscaping and strategic open areas, pedestrian walkways, and attractive architecture in an inviting scale, with hidden parking and practical functionality. 2. General Requirements a. Light manufacturing and warehousing land uses are encouraged along the railroad tracks on the western portion of the current parcels. Light manufacturing and warehousing can be situated along Airport Park Boulevard if it employs a high site planning and design standard. The remaining front (eastern) acreage may be used for all other land uses. ,, w b. c. d, e. g. Parcels existing at the time of adoption of this Ordinance may be used entirely for light manufacturing or commercial land uses if they fulfill the purpose and intent of the Light Manufacturing/Mixed-Use designation, and exceed all the General Requirements and Design Standards of this Ordinance. The Planning Commission and/or City Council must find that any proposed use is compatible with surrounding land uses and would be beneficial to the City. The majority of parking spaces for development shall be located in-between the light manufacturing/warehousing land uses and the land uses along Airport Park Boulevard. If parking is to be situation along Airport Park Boulevard to serve large light manufacturing or commercial land uses, it shall be heavily landscaped with trees and shrubs, and shall include unique and creative pedestrian access facilities, such as walkways within the linear planting strips. Shared access is strongly encouraged between land uses on the same and adjacent parcels to reduce encroachments onto Airport Park Boulevard. Street trees and a meandering wide sidewalk are required along Airport Park Boulevard. The architectural facades for buildings situated along and facing Airport Park Boulevard shall be creative and interesting with features designed to soften height, bulk, and mass. The orientation, height, and design of buildings, as well as the theme for property development shall be based on creating compatibility between land uses. Permitted Land Uses a. bo All light manufacturing, commercial, professional office, and mixed-use projects require the securing of a Use Permit from the City Planning Commission. The Use Permit process shall include an analysis of site planning and architecture, pursuant to Section 9262 of the Ukiah Municipal Code. Low-density residential units incorporated into manufacturing, commercial or office developments. The density shall be consistent with the density requirements contained in the Ukiah Airport Master Plan and articulated in subsection 5(m). Required Findings a, bo Prior to approving a Use Permit for a project situated on land in the Mixed- Use designation, the Planning Commission and/or the City Council shall make the following findings: The proposed land use is consistent with the goals and policies of the Ukiah General Plan, the provisions of the Airport Industrial Park Planned 1 Development Ordinance, the Ukiah Municipal Code, and the Ukiah Airport Master Plan. c. The proposed land use is compatible with surrounding land uses and will not be detrimental to the public's health, safety and general welfare. do There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) to avoid monotony and/or a box-like uninteresting external appearance. e, For all land uses other than light manufacturing along the western extreme of the parcels, there is uniqueness and an exemplary approach to the site planning, design, and architecture that results in a quality and sophisticated development. The Findings shall not vague. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. Site Planning and Design Standards - Commercial Development The following site planning and design standards are specifically adopted for commercial and office development in the Light Manufacturing/Mixed-Use Land Use Designation. They shall apply to all commercial, professional office and mixed-use development projects not involving light manufacturing/warehousing unless it is situated along Airport Park Boulevard: a. Yard Setbacks: . Front: 25 feet from the Airport Park Boulevard right-of-way. Architectural features, such as bay windows, porches and landing spaces, column treatments, utilities, and similar features may extend up to two-feet into the required front yard setback. . Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited to Building Code requirements, traffic circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with adjacent structures and land uses. . Relief: Relief from the front yard setback requirements may be granted through the approval of a variance, pursuant to Chapter 2, Article 20 of the Ukiah Municipal Code. b. Maximum Building Height: 1. The maximum height of any building or structure shall be 40 feet, provided it complies with the side-slope criteria for the Ukiah Airport. C. d. e. . Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. , Relief: Relief from the height standards may be granted through the descretionary review process if a finding is made that the proposed height is compatible with the scale and character of the immediate built environment and would not have an adverse impact on the health and safety of the general public. Minimum Lot Area: , The minimum lot area for parcels in the mixed-use area shall be determined through the subdivision and/or descretionary review process. In no case shall lots be created that are less than 20,000 square feet in size. Minimum Lot Coverage: Commercial land uses may cover up to 40 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AlP Planned Development Ordinance. . Relief: Relief from the lot coverage standard may be granted through the descretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the immediate built environment and would not have an adverse impact on the health and safety of the general public. Building Orientation: . Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. , Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, functionality, and other nuisance factors. Architectural Design: . Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. , Architectural features such as arches, raised and decorative parapets, decorated and flared cornices, extended eaves and overhangs, balconies, entry insets, and a variety of roof angles and pitches are required to make buildings unique and interesting. g, . Windows shall be used to break up the mass and volume of buildings into smaller components. Buildings shall use different shaped and framed windows in a coordinated theme. Awnings and other attractive window treatments are strongly encouraged. , All four elevations of buildings shall incorporate the architectural design requirements listed above in a reasonable and feasible manner. , The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature. Colors of buildings shall be compatible with adjoining buildings. , Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. Signs 1. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. , Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed eight feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have the discretion to limit its height to less than eight feet from finished grade. No pole signs are permitted. a, The size and amount of signs shall generally comply with the requirements of the Ukiah Municipal Code (UMC). The Planning Commission shall have the discretion to reduce the size and amount of signs to something less than permitted by the U.M.C. if they make a finding that the proposed size and amount of signage is out of scale with the building and too dominating on the site. b. Signs are not permitted on the roof of any building. Co Relief: Relief from the sign standards may be granted through the descretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the immediate built environment and would not have an adverse impact on the health and safety of the general public. h. Pedestrian Orientation . Pedestrian walkways shall be included that directly link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. Outdoor pedestrian spaces shall be landscaped and include such features as planters along sidewalks, pedestrian oriented signs, attractive street furniture, Iow-level lighting, and outdoor seating areas. , Parking lots with frontages along the primary street shall provide a 5- foot wide meandering sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. . Secondary streets accessing the rear portion of parcels shall include 5-foot wide sidewalks or alternative pedestrian facilities that link the development on the rear portion of the parcels with Airport Park Boulevard. 4. Pedestrian walkways shall be designed into the linear tree planting strips in the parking lots, where feasible. i. Lighting 1. Exterior lighting shall be subdued. It shall enhance building design and landscaping, as well as provide safety and security. 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. . Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be avoided. 4. Lighting fixtures, standards, and all exposed accessories shall be harmonious with building design, and innovative in style. 5. All pedestrian and building access areas shall be adequately lighted to provide safety, security, and aesthetic quality. j. Energy Conservation 1. Passive solar orientation and active solar design are strongly encouraged. 5-7 2. Natural ventilation and shading shall be used to cool buildings whenever possible. 3. Sunlight shall be used for direct heating and illumination whenever possible. . Solar heating equipment need not be screened, but shall be as unobtrusive as possible and complement the building design. Every effort shall be made to integrate solar panels into the roof design, flush with the roof slope. k. Outdoor Storage and Service Areas . Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. , If trash and recycling areas are required in the discretionary review process, they shall be designed to harmonize with the building and landscaping, and shall be consistent with the requirements of the Ukiah Municipal Code. I. Landscaping 1. Landscaping shall comply with Section "H" (AlP Design Guidelines) of this Ordinance. m. Ukiah Airport Master Plan . All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements ("BI" Compatibility Zone = 60 persons per acre /"C" Compatibility Zone = 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. n. Public Utility Easements, Public Streets, and Access Driveways . All Public Utility easements, Public Streets, and Access Driveways shall comply with Section "G" (AlP Development Standards) of this Ordinance. Sm Site Planning and Design Standards for Light Manufacturing and Industrial Development The Site Planning and Design Standards for Light Manufacturing and Industrial development are less demanding than those for commercial, professional office and mixed-use development. The lesser design standards are meant to encourage and promote light manufacturing and industrial development, particularly along western portion of the parcels. The Following Site Planning and Design Standards shall apply to all Light Manufacturing and Industrial Development: a. Yard Setbacks: . Front: 25 feet from the Airport Park Boulevard right-of-way if located along the frontage. If the development does not have frontage along Airport Park Boulevard, and is served by a private access easement, the front yard setback shall be determined in the discretionary review process. Architectural features, such as bay windows, porches and landing spaces, column treatments, and similar features may extend up to two- feet into the required front yard setback. . Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited to Building Code requirements, traffic circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with adjacent structures and land uses. 3. Relief: Relief from the front yard setback requirements may be granted through the approval of a variance. b. Maximum Building Height: , The maximum height of any building or structure shall be 50 feet, provided it complies with the side-slope criteria for the Ukiah Airport. . Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. , Relief: Relief from the height standards may be granted through the descretionary review process if a finding is made that the proposed height is compatible with the scale and character of the immediate built environment and would not have an adverse impact on the health and safety of the general public. c. Minimum Lot Area: , The minimum lot area for light manufacturing and industrial development parcels in the mixed-use area shall be determined through the subdivision and/or descretionary review process. In no case shall lots be created that are less than one-half acre in size. d. Minimum Lot Coverage: e, go . Light manufacturing and industrial land uses may cover up to 60 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AlP Planned Development Ordinance. , Relief: Relief from the lot coverage standard may be granted through the descretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the immediate built environment and would not have an adverse impact on the health and safety of the general public. Building Orientation: , Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. , Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, functionality, and other nuisance factors. Architectural Design: , Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. . The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature. Colors of buildings shall be compatible with adjoining buildings. Signs 1. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. , Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed eight feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have the discretion to limit its height to less than eight feet from finished grade. No pole signs are permitted. 3. The size and amount of signs shall generally comply with the requirements of the Ukiah Municipal Code (UMC). The ho Planning Commission shall have the discretion to reduce the size and amount of signs to something less than permitted by the U.M.C. if they make a finding that the proposed size and amount of signage is out of scale with the building and too dominating on the site. 4. Signs are not permitted on the roof of any building. . Relief: Relief from the sign standards may be granted through the descretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the immediate built environment and would not have an adverse impact on the health and safety of the general public. Lighting . Exterior lighting shall be subdued. design and landscaping, as well security. It shall enhance building as provide safety and 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. . Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be avoided. Outdoor Storage and Service Areas . Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. Landscaping . Landscaping shall generally comply with Section H of this Ordinance, although a lesser amount of landscaping may be approved depending upon the scale, intensity, and visibility of the development. Ukiah Airport Master Plan . All development within the Mixed-Use area shall comply with the Federal Aviation Administration side slope criteria, density requirements ("BI" Compatibility Zone - 60 persons per acre / "C" Compatibility Zone - 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. 11 AGENDA ITEM NO: 10(d) DATE: March 20, 2002 SUMMARY REPORT SUBJECT: APPROVAL OF THE PREPARATION OF A TRAFFIC STUDY FOR THE REVISIONS TO THE AIRPORT INDUSTRIAL PARK INDUSTRIAL / MIXED-USE REGULATIONS AND BUDGET AMENDMENT SUMMARY: As the Council is aware, staff has been preparing revisions to the Industrial / Mixed-Use regulations in the Airport Industrial Park (ALP) Planned Development. The 32-acre mixed-use area is basically located west of Airport Park Boulevard and south of Commerce Drive (see AlP Map - Attachment No. 1). The approach to revising the regulations, as recommended by the City Planning Commission would allow industrial, commercial, and professional office development of these parcels, or any combination of the three. It would also permit some limited residential opportunities. The current regulations permit a mix of these land uses, provided each project contains an "industrial component." Staff has determined that if this approach (Preliminary Approach) is endorsed by the City Council, it will be necessary to have a Traffic Study prepared to evaluate the potential traffic implications resulting from full industrial, commercial, or professional office development, and some residential development. The Traffic Study will need to determine the existing levels of traffic, provide projections for traffic generation resulting from the modifications to the regulations, and determine if the existing traffic related Capital Improvement Program is adequate to accommodate the traffic that would be generated by development under the new regulations. Preliminary discussions with Traffic Engineering Consultants reveal that the Study would cost approximately $8,000. If the Council supports the Preliminary Approach to revising the regulations recommended by the Planning Commission, staff recommends that the Council approve the funds already available in the budget to pay for the Traffic Study. (continued on page 2) RECOMMENDED ACTION: 1) Approve the preparation of a Traffic Study for the AlP Industrial / Mixed- Use regulations revision project; and 2) approve an amendment to the 2001-2002 Budget allowing a transfer of $8,000 from the Equipment Reserve Fund (698) to the General Fund (100) and increasing Expenditure Account 100.1501.250.000 by $8,000 for the AlP Traffic Study. ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the preparation of the Traffic Study or budget amendment, and provide direction to staff. Citizen Advised: AlP Property Owners Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Map of the Airport Industrial Park (ALP) 2. Budget Worksheet APPROVED: Candace Horsley, City Mana~ger BUDGET AMENDMENT: The Department of Planning and Community Development has $10,000 in the Equipment Replacement (Fund 698) for the replacement of a vehicle for the Building Inspector. The replacement is no longer necessary as the employee is paid mileage for business use of his personal vehicle. Therefore, the money is available to pay for the needed Traffic Study. Accordingly, Staff is recommending that the Council amend the budget by authorizing $8,000 of these funds for the traffic study, and transferring this amount into Account No. 100.1501.250.000. RECOMMENDATION: Approve the preparation of a Traffic Study for the AlP Industrial / Mixed-Use regulations revision project, and approve the budget amendment - transferring $8,000 from Fund 698 into Account No. 100-1501-250. · . · o E E "5 ~ ~ o ~ o o = .~ ._ ~ ~ ~ ~ ~ ~ _ _ _ 8888 8o8 °°°°°°°°o°8888ooooo_ ' ' 'd° qqqqqqq~5~~°°°° I ~ ~ ~ 0 ~ ~ ~ ~ 0 ~ ~ 0 ~'~ ~'~;~ ~ ~ 0000 ........... ' - - -0000 ~00~00~0 0~~0~: x~x xO0 o oooooooo o~0o0oo0 x x x x x~OO o oo o0~000 o 0.. 0~0o~ x x x~x xuu ~ 0 ~ddd~dd~ 4~d~dd~d ~ ~ ~ ~dd d ~ ~ ~ 0 ~i0 ~ ~ 0 ~ 0000 ~ ~10 x x Xl x x~ ~ x x .~ · · ' x x~~~ ~o~~oo : : ~d4d4Wdl~ · .:o x~ · · 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0I X X~ ~ ~ ~ ~ 0 ~o~o~ o~o~,o ~q~~ ~ 0~~00 ~O~O~Oi~ ddddwdKK KWWWwddd x ~ ~o~~wd~ ~ ~ O O ~ ~ O O O ~ ~ ~ ~ O ~ ~ x ~,~ O O O OO O OO ~ OO O OO 0 : : : : : : : :oo: :o : : : . : : : :~ : : E oo o oo O0 0 O0 O0 0 O0 O0 0 O0 ~ O~ 0 ~ O0 0 · :00 ~ OO ~ OO ~ ~ : 0 0 ' 0 i 0 ~ 0 0 0 0 0 0 ITEM NO. 10e DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTP~CT WITH I::bAU AND ASSOCIATES FOR PROJECT MANAGER SERVICES FOR THE CIVIC CENTER WING ADDITION Staff is in the process of finalizing the construction detail plans for the Civic Center Addition in preparation of issuing a Notice to Bidders. It is anticipated that the plans will be complete and the Notice to Bidders will be issued by approximately April 8. In order to assist staff with the finalization of the plans, and coordinate effective construction management of all phases of the project, staff is recommending a construction project manager be retained. Due to limitations of staff time and the technical and time consuming nature of many of the project construction requirements such as pre-bid review of plans, review of construction submittals and materials, monitoring construction progress and providing contract administration services, a third party professional is necessary to assist staff with a project of this size. Essentially the project manager will provide owner oversight and objectively represent and liaison on the City's behalf between the Contractor, Architect, and the City. In previous structural construction projects, the City has retained Mr. Carl Thompson of Quality Technical Services for these duties, however, this firm is not available for this project. The only other non-construction firm in the area with the professional expertise to perform the required services is Rau and Associates. As such, staff has requested a sole source proposal from Rau who has responded with a professional services agreement including the full scope of services for the duration of the project in the amount of $51,000. The proposal is attached for the Council's review. Continued on Paqe 2 RECOMMENDED ACTION: Approve contract with Rau and Associates for project management services in the amount of $51,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract with Rau and Associates requires revision and approve as revised. 2. Determine approval of contract is inappropriate and do not move to approve. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager 1. Proposal AP P ROVE d :~ ~_ ~"~,t.., Candace Horsley, City i~anager LD/ZIP1 RauConMngmt. Asr The primary person to serve as project manager is Mr. Alan Breese has an architectural background and 30 years experience in construction management. City Engineer, Diana Steele had extensive experience with Mr. Breese prior to coming to the City and highly recommends him for the position. Mr. Breese is also currently performing similar services, on behalf of the owner, for the Baptist Church project on Oak and Smith Street. Staff has reviewed the building plans with Mr. Breese and he has offered several suggestions, which have already assisted in the final plan preparation and pre-bid process. The purpose of this proposed contract is to expedite the construction and efficiently manage project costs. During the course of a structural project such as the new addition, many questions and details, both anticipated and unforeseen, will arise which will require an immediate response in order to not create costly delays in construction. Delays in response by the City to the contractor on such items as change orders in construction details or review of materials submittals and substitutions will result in substantial additional costs, over and above the bid price. In the past, the use of a construction manager has saved the City a considerable amount of unnecessary costs both in the construction phase and later on by minimizing repairs and high maintenance due to poor and unsupervised construction. Staff believes the retention of a construction manager for the Civic Center wing addition is essential to a successful completion of the project in a timely and cost efficient manner. The proposal submitted by Rau and Associates provides for the full scope of services necessary to accomplish this goal and staff is recommending approval. CITY OF U KIAH AGREEMENT FOR PROFESSIONAL SERVICES TITLE OF WORK Project Management Services in connection with Civic Center Addition This agreement shall be considered a contract, and is entered'into this day of... , 2002 (effective date), by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and RAU AND ASSOCIATES, INC., a California Corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the completion by CONSULTANT of Project Management Services in connection with an addition to the Civic Center, at property owned by City of Ukiah at 300 Seminary Avenue (APN 002-255-03). The scope of work is more particularly described in the Exhibit "A", attached to this agreement. 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 of such geotechnical evaluation. 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: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 1.02 CONSULTANT shall provide those technical, expert, and professional services as described in Exhibit '%," which consists of the scope of work, dated February_ 14, 2002 , which is attached hereto as Exhibit "A" and incorporated herein. CONSULTANT shall provide such services within the time limits described below. The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for services of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. 1.03 1.04 2.01 2.02 3.01 3.02 3.03 3.04 3.05 4.01 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 its services and hereby warrants that services will be done in accordance with generally accepted professional practices. 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 CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." 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 The term of this agreement shall commence on the effective date and shall terminate when the CITY has formally accepted the addition to the Civic Center. This agreement may be extended on its same terms and conditions upon written agreement between the CITY and CONSULTANT. 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 '%." All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph 1.05 above in a reasonable timeframe according to the Schedule described in Exhibit C. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. 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. 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 CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, 4.02 5.01 5.02 5.03 5.04 5.05 6.01 6.02 7.01 7.02 for which compensation shall not exceed Fifty-one Thousand dollars ($51,000)in accordance with the document contained in Exhibit C, headed: "Prevailing Wage File", on a time and materials basis. The rates and fees are contained in Exhibit C in "Schedule of Fees - Table 19" and expenses that would fall under 'reimbursables" or "other". Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $51,000. ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement an amount to be determined in accordance with the method described in paragraphs 5.02 and 5.03 below. Payment scheduling: Total payment not to exceed $51,000. 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. Payments to CONSULTANT shall be based on an itemized invoice submitted by CONSULTANT not more frequently than monthly. Payments will be made by CITY within thirty (30) days of receipt of invoice from CONSULTANT. 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 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. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS All documents and backup data as required by this agreement shall be and shall remain the sole property of CITY. CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or 8.01 8.02 8.03 9.01 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 by non-employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT 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. It is understood ahd 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. 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 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 9.02 10.01 11.01 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. DISPUTE RESOLUTION: all claims or disputes that are made during design, construction, or post construction between the CITY and CONSULTANT shall be submitted to non binding mediation. Cost for mediation shall be shared by the parties involved. ARTICLE X INSURANCE 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 Xl GENERAL COMPLIANCE WITH LAWS 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. 12.01 12.02 13.01 ARTICLE Xlll NONDISCRIMINATION 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. 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: al bi Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such 14.01 14.02 14.03 15.01 15.02 16.01 17.01 status, that it will neither hold itself out as nor claim to be an 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 The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. 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. In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVI EXTENT OF AGREEMENT This agreement shall consist of this agreement, the Scope of Work, dated February 14, 2002, identified as Exhibit "A", as attached hereto and incorporated herein, the insurance requirements set forth in the attached Exhibit "B" and the "Schedule of Fees .... set forth in the attached Exhibit "C". This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XVll PARAGRAPH HEADINGS 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 XVlII NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 18.01 19.01 ATTN: Larry DeKnoblough Director of Community Services CONSULTANT: Rau and Associates, Inc. 100 North Pine Street Ukiah, CA 95482 ARTICLE XlX DUPLICATE ORIGINALS 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 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 Candace Horsley, City Manager Date CONSULTANT Rau, President Rau and Associates, Inc. 94-261-9557 IRS IDN Number Date APPROVED AS TO FORM: David Rapport, City Attorney Date March 13, 2002 City of Ukiah R02019 EXHIBIT "A" SCOPE OF SERVICES PROJECT MANAGEMENT SERVICES IN CONNECTION WITH CIVIC CENTER ADDITION RAU will assist the City of Ukiah with various project management tasks necessary to complete an addition to the Civic Center at 300 Seminary Avenue in Ukiah. In general RAU will assist in peer reviews of plans and specifications prior to putting bid documents out to contractors, and will act as the main interface between the contractor, architect, and the City during construction of the project. Pre Bid Services: RAU will review the contract drawings and specifications for the purpose of assisting the City in evaluating those documents prior to release for the bid process. It is intended that the architect shall remain the project professional who is responsible for the proper preparation of drawings and specifications. RAU's role is to provide independent peer review of drawings and specifications. The estimated cost of these services is $3,738 for drawing review and $1528 for contract specification review. A review as to the legal form will be done of the contract documents by the City Attorney. Services During Bid Process: RAU will be the point of contact for bidders to call for information during the bidding process. RAU will work with the architect to answer bidders questions, issue addenda, and maintain a list of plan holders during the process. The estimated cost of bid support is $1268. Construction Period Services: During construction RAU will serve as the primary contact person on behalf of the City. Duties include attending construction meetings, reviewing and recommending approval of the construction schedule, reviewing submittals and recommending approval or disapproval of substitutions, reviewing and recommending approval or disapproval of shop drawings, providing general intermittent reviews of the progresses at work, and providing contract administration services as needed. The intent of the City is to have RAU serve as the primary contact person between the project architect, the contractor and the City. R. AU will maintain records of meetings and distribute minutes of said meetings. P.AU will receive all requests for information (RFI'S) and work with the City or with the project architect to obtain answers to the RFI's. RAU will maintain a log of RFI's and a log of when the RFI's were answered. Where changes are necessary RAU will issue letter of instructions and interpretation to the contractor requesting changes. RAU will receive requests for change orders from the contractor, review the proposed change in cost or time, and make recommendation to the City concerning acceptance or rejection of the requested change order. RAU will review the work schedule on a periodic basis with the contractor and develop recommendations if the contractor is not meeting the schedule. It is understood that the schedule to complete the building is critical for the function of the City and that a major responsibility of RAU is to be proactive in assisting the contractor to stay on schedule and meet the desired completion date. It is understood by the City that RAU has no direct control over the schedule and can only work within the confines of the contract documents in attempting to assure that a schedule is met in a timely manner. RAU will review requests for substitutions of materials, furnishings, and/or equipment made by the contractor. RAU will develop a recommendation to the City to accept the substitution as presented, or to reject the substitution, or to accept the substitution with modifications. As required by the contract documents, shop drawings submitted by the contractor shall be reviewed by RAU. RAU is responsible to March 13, 2002 R02019 City of Ukiah review the shop drawings in a general sense to provide oversight review to affarn that the general content of the drawings reflects what is intended by the contract documents. It remains the responsibility of the contractor to supply components which function properly and which complete a system which will function as planned in the contract documents. RAU will review the request for progress payments and make a recommendation to City concerning each request. Where RAU is not in agreement with the contractor's request, RAU will make note of such objection and request the contractor to change the request for payment. If the contractor disagrees, RAU will present the recommendation for change along with the requested payment to the City for final resolution. RAU will not be responsible for emergency after hours contact and work. This will be handled through the City with direct communications from and to the contractor. The budget for this series of tasks is $38,192. Materials Testing: RAU will perform concrete quality tests of the building slab and foundation. It is anticipated that a maximum of 6 concrete pours with four cylinders each will be required for the building. Cylinders will be cast and shipped to our independent laboratory (Capitol Engineering Laboratory in Sacramento) for compression beaks. RAU will briefly summarize the results of the compression breaks and forward the break results with the summary letter to the City. The cost for this task is estimated to be $2675. Compaction testing of soils and aggregate base underlying the building access sidewalk, concrete flatwork and building slab will be done. It is anticipated that testing will be required on six occasions. A written report of the results in each general area shall be made to the City with the results of testing performed. The cost for this work is estimated to be $3,376 including up to eight proctor curves. Materials testing for gradation and sand equivalent of the aggregate base under parking areas and concrete flat work will be made. A sand equivalent and sieve analysis is $154. A complete hour-task breakdown of all tasks is attached. Schedule: It is anticipated that RAU will begin work within 10 working days of receipt of the signed contract from the City. It is anticipated that the City will advertise the contract for bids as early in April as possible. It is planned to have the building competed by November 1, 2002. RAU will dedicate itself to meet milestones in assisting the City to get the project out to bid and to continue with the construction process on schedule. It is specified that RAU has no control over either function, because of other responsibility and authority by persons or entities outside of RAU's control. Deliverables: Under this agreement, RAU will deliver a marked up set of Contract Documents to the City with recommend changes or modifications, if needed. This delivery shall take place within two weeks of receipt of the materials which are in a state of 90% completion. Attachment Task Hour Break Down (3 sheets) EXHIBIT B INS~ REQUIREMENTS Consultant shall procure and maintain forll~e, duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance hereunder by Consultant, md its agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office~ foma. number GL 002 (Ed. 1/73) coveting Comprehensive General Liability and lnsmance Services Office form number GL 0404 coveting Broad Form Comprehensive General Li~; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG0001). b. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. c. Worker's Compensation insnmnce as required by the Labor Code of the State of California and Employer's Liability insura~e, if Consultant has employees who will directly or indirectly provide service or support Constant in its provision of services under this Contract. 2. Minimum Limits of Insurance. Consultant shall maintain limits no less than: a. General Liability: $1,000,fflo 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, either the general aggregate limit shall apply separately to this Work/location or the general aggregate limit shall be twice the requirdd occurrence limit. b. Automobile Liability: $1,0110;000 combined single limit per accident for bodily injury and property damage. ~The Insurance Services Office ("ISO") is an organization formed by insurance companies to develop standard forms for different .t3qx~ of insurance. They number their forms. The reference to form number refers to a stancl,mt insurance policy for different types of insurance, such as Comprehensive General Liability (' CGL") coverage which generally insures against claims for personal injury or property.danmge based on negligent acts of the insured. Commercial Liability insurance is anothert~l.~e of liability insurance covering a business against personal injury or property damage claims mmlting from negligence. c. Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employer's Liability. limits of $I,000,000 per accident. 3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City of Ukiah. At the option of City of Ukiah, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City of Ukiah. its officers, officials, employees and volunteers; or Consultant shall procure a bond guaranteeing pa.wnent of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: a. General Liability and Automobile Liability Coverages. b. City of Ukiah, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Consultant, products and completed operations of Consultant, premises owned, occupied or used by Consultant. or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City of Ukiah, its officers, officials, employees or volunteers. c. Consultant's insurance coverage shall be primary insurance as respects City of Ukiah. its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City of Ukiah, its officers, officials, employees or volunteers shall be in excess of Consultant's insurance and shall not contribute with it. d. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City of Ukiah, its officers, officials, employees or volunteers. e. Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by Consultant for City of Ukiah. g. Ail Coverages. Each insurance policy required by this Section 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, remm receipt requested, has been given to City of Ukiah. h. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A. i. Verification of Coverage. Consultant shall furnish City of Ukiah with certificates of insurance and with original endorsements affecting coverage required by this Section. 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 by City of Ukiah. Where by statute, City of Ukiah'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 City of Ukiah before work commences. City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. j. Subcontractors. Consultant shall include all subcontractors and insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. ENDOR~ -F_NT NE]. THLS ENDORSEMENT CHANGES THE POLICY, PLEa, SE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM 13) Ti'iLs e~dom~emefl~, modifies irlsur~c::e provided under bhe following: o COMMERCIAL GENERAL LLA~IU'TY COVERAGE FART. SCHEDULE Name o{' O .cg-aniz~6(3n ~ OF UI.(IA,H (t! no ent~/ai~pea's aJ:wcve. ~he ~~on r~~ to ~mgte~e ~is entitlement ~i~ be shc~ ~O IS ~ INSUR~ (S~on !1) ~ ~mend~ ~o include ~s an insured ~e pe~on cr o(g~n~Uon S~ute, bu~ o~y ~ ~csp~ to l~bai~y ~s~ cu~ o~ 'your ~' ~o~ ~at i~ur~ by or for you. Mcx~Ec~t~on~ to ISO f~rrn CG 20 10 11 85_ : 1. The ~sur~ ~ul~ s~e indud~ ~e [nsur~'s o~, o~dals, employes ~d v~nt~r~ Th~ ~ns~n~ s~ll ~ pdmz~ ~ f~~ me ~sur~ sh~ in ~e s~ule ahoy, ac ~ ~~, shall s~nd ~ an unbroken ~ain of ~vemge ~s a{ ~e ~m~ lnsur~'s Signature - Authorized Repmseotative Address: C~RTIFICATE OF INsU~CE CiTY OF UKIAH .O-he -city') DEPARI'M~ OF' F:;UI~ LIC, mm ((:z~ AUTI K::R~Z:EO I:U~II~-~ ~~NTATIVI~ February 14, 2002 City of Ukiah Agreement for Services SCHEDULE OF FEES - Table 19 Effective January 2, 2002 Civil Engineer IV Civil Engineer III Civil Engineer Ii Land Surveyor Civil Engineer I Lab-Survey Manager Project Professional/Project Geologist Technician IV Technician III Technician II Technician I Instrument Operator (PW) Rodman (PW) Materials Tester (PW) Materials Tester W/gauge (PW) Administration Engineering Technician with Nuclear GaugeNehicle Vehicle Use Outside Services Over $1,000 Outside Services Under $1,000 (Aggregate amount) Requested Overtime: Expert Witness/Testimony at Trial, Deposition, Arbitration Laboratory Tests: Texture Analysis (Mendocino County Health Dept.) Unit Dry Weight-Moisture Content (Tube Sample or Ped) Sand Equivalent (CTM 217) Sieve Analysis - Coarse Aggregates (CTM 202) Sieve Analysis - Fine Aggregate (CTM 202) Sand Equivalent & Sieve Analysis Maximum Dry Density (ASTM D1557) 4" Mold 6" Mold Maximum Dry Density (ASTM D698) Maximum Wet Density (CTM 216) Unit Weight of Aggregate (CTM 212) Method A or B Method C Crushed Particle Analysis (CTM 205) Cleanness Value (CTM 227) Durability Index (CTM 229) Specific Gravity & Absorption (CTM 206) Plasticity Index (ASTM 4318) Expansion Index (UBC Standard 29.2) Unit Weight of Fresh Concrete (CTM 518) Ball Penetration (CTM 533) Air Content of Fresh Concrete (CTM 504) Sample Preparation Times Special Equipment Rates: Computer Aided Design Software $10.00/hr. Pachometer R-Meter $50.00/per day* Stream Flow Meter $150.00/per day* All Terrain Vehicle $40.00/per day* Generator $40.00/per day* Pump $20.00/per day* * One Day Minimum Charge Supplemental Billings: Engineering Copies Engineering Copies Stereo Air Photos Assessor's Map Copies Survey Monuments Steel Fence Posts R02019 $122.00/h r. 105.00/hr. 85.00/hr. 80.00/hr. 70.00/hr. 80.00/hr. 65.00/hr. 55.00/hr. 50.00/hr. 45.00/hr. 25.00/hr. 91.00/hr. 67.00/hr. 77.00/hr. 83.00/hr. 40.00/hr. 62.00/hr. 0.40/mile Cost + 5% Cost + 15% 150% of Regular Rate $200.00/hr. (4 hour minimum) $ 35.00/ea. 20.O0/ea. 56.00/ea. 37.00/ea. 66.00/ea. 154.00/ea. 135.00/ea. 150.00/ea. 120.00/ea. 138.00/ea. 50.00/ea. 35.00/ea. 62.00/ea. 62.00/ea. 130.00/ea. 63.00/ea. 150.00/ea. 180.00/ea. Technician Hourly Rate Technician Houdy Rate Technician Hourly Rate Technician Houdy Rate 24 X 36 18X26 $1.50/sheet $1.00/sheet $18.00/pair $2.00/sheet $2.00/each $2.00/each Invoices will be rendered monthly, as a final or progress billing, whichever applies, and are payable upon receipt, unless a mutually acceptable payment schedule has been established. Late Fees at a rate of 1 ¼% per month, computed and charged monthly on the unpaid balances, shall be payable on accounts not paid within 30 days from invoice date. ~ AND ASSOCIATES, INC. CrW_EN~Nam. S · L~NO SU~eOORS Exb. ibit C Page 12 ~['" ['l~'l'l'l'i'[~'l'l'l'l il'['l'i'l'l'i'l'l'l'l'l'l'l ~i~iiil~llllll*illlllllllillilllll ---.-..-....-........... ~ M~I~II~IIIIII~IIIIIIIIIIIIIIIIIII ~~l~ll'llllll~l IIIIIIIIIIIIIllli LU 707.482.8538 P,O. ~)x M 707.4S3.272~ fax 100 Nor~ Pine Street rau~irauand assoc, c~m Ukiah, CA 954~2 ffrofessiomd During employment with PG&E, was involved in all phases of construction, from design considerations, to filing the completion documents. Familiar with all types of construction. Past projects have included pile driving, earthwork, paving, structural steel, tilt-up concrete, wood framing, and power plant piping. Strong working background in building codes, safety regulations, A.D.A. requirements and construction scheduling, Work July, 1997-Present Rau and Associates, Inc. Designer · Contract Aclministratlon · Project Design · Construction Review Ukiah, CA 1993-1997 · Designer Sebastopol, CA 1980-1993 Pacific Gas and Electric · Analysis and Creation of Design Solutions · Review and Inspect Construction Phases San Francisco, CA 1974-1979 Califomia Polytechnic State University · B.S, - Architecture San Luis Obispo, CA Directly respons~le or shared in the responsbility of design and construction on the following projects: 1. Grading Plan for Waters Construction Co. Installation of new 6.000 sq.ft, office and warehouse in Willits. 2. Grading plan for a four building complex for University of California, Berkeley Research Facility in Angeio Reserve, Branscomb. 3. Grading Plan for new 2,000 sq.ft. Post Office and parldng lot in the Community of Philo. New San Francisco Division Service Center;, three story, 63,000 sq. ft. structural steel with GFRC finish, paving, utilities and site work inctucJing removal of underground storage tanks. 5. Remodel of T.E.S. Facility; two story addition and remodel, 15,000 sq.ff., structural steel and wood framing with stucco exteriors, paving, utilities and site work. 6. Camping Facilities at Lake Pillsbury; construction of two campgrounds, one picnic area and boat ramp, PG&E Learning Center, San Ramon, CA; two story structures, 160,000 sq.ft., sb'uctural steel and wood framing with stucco exteriors, paving, utilities and site work. Richmond Service Center;, three structures, 47,000 sq. ft., wood frame with stucco, paving, utilities and site work. - 9. PG&E Computer Center, Fairfield, CA; single story, 45,000 sq. ft., concrete flit-up, emergency backup systems, paving, utilities and site work. 10. Diablo Canyon Nuclear Power Plant, San Luis Obispo, CA; oversee pipefitter work for modifications to new systems, including reverse osmosis system, condensate polishing system, and raw water treatment system. ITEM NO. lof MEETING DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF WATER ISSUES AND PLANNING FOR FUTURE NEEDS FORUM There is a plethora of important water issues being considered by the various agencies within Mendocino County, many of which will affect the City of Ukiah, both operationally and fiscally. The City is currently working with the Inland Water and Power Commission (IWPA), the Mendocino County Russian River Flood Control and Water Conservation Improvement District (MCRRFCD), and Millview and Calpella Water Districts on issues of water use, water rights and points of diversion. However, there are other significant events currently taking place that will affect both Sonoma and Mendocino County Russian River water users in very significant and potentially costly ways. Two major projects are currently in progress that will require us to work with Sonoma County Water Agency (SCWA) in anticipation of the mitigations that will be dictated to us by State and Federal agencies. The first project is the current Section 7, Biological Assessment being performed on the Russian River by the SCWA to determine the effects of current Coyote Dam flow operations. The SCWA, U.S. Army Corps of Engineers (USACE), and National Marine Fisheries Services (NMFS) are undertaking the Section 7 consultation under the Federal Endangered Species Act to evaluate effects of operation and maintenance activities on listed species and their critical habitat. The Russian River Watershed is designated critical habitat for threatened stocks of Coho salmon, Steelhead, and Chinook salmon. RECOMMENDED ACTION: Authorize the Mayor to send a letter to the recommended agencies to attend a joint meeting with the City Council and Sonoma County Water Agency. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine a meeting is not necessary. Citizens Advised: Requested by: Prepared by: NA Candace Horsley, City Manager Candace Horsley, City Manager 4:Can:ASRWaterApproved: Candace I%rsle~ C~, Manager The SCWA, USACE, and MCRRFCD operate and maintain facilities and conduct activities related to flood control, channel maintenance, water diversion and storage, hydroelectric power generation, and fish production and passage. Federal agencies are required under the Endangered Species Act to consult with the Secretary of Commerce to ensure their activities are not likely to jeopardize the continued existence of listed species or adversely modify or destroy critical habitat. As part of the Section 7 consultation, the USACE and SCWA will submit to NMFS a biological assessment that will provide the basis for NMFS to prepare a biological opinion to evaluate project operations. Once this assessment is complete, NMFS will determine the appropriate mitigations required of each agency using Russian River water. The water users within Mendocino County will be greatly impacted as Coyote Dam is within our County. It is interesting to note that though the MCRRFCD operations are recognized as having an impact on the Russian River, SCW^ has not included any representation from Mendocino County on the main working group for this project. The second issue of great concern is the future of the P.G.&E./Potter Valley hydro project. If it is offered for sale and Mendocino and Sonoma Counties determine they need to purchase and operate the plant in order to ensure water flow, the potential costs for this endeavor must to be planned for and determined well before the actual event. In addition, decreases in water diversion from the Eel River, which is also under Section 7 assessment at this time, could dramatically change the import of the Potter Valley Project water flows. :In speaking with Randy Poole, General Manager of the Sonoma County Water Agency, on these two issues, he indicated they have already begun the planning phase on how to deal with the impacts of these projects. They are currently being required to perform multi-million dollar mitigations related to several projects in Sonoma County for conservation, water storage, recycled water, environmental studies, fisheries, wetland development, and reclamation projects as required by State and Federal agencies. Many of these same requirements will most likely be placed on our water users as a result of the Biological Opinion on the Russian River. There are many decisions, planning issues, and cost sharing agreements, in relation to the Russian River Section 7 Biological Assessment, requiring discussion and funding before the actual mitigations are imposed upon us. Mr. Poole has agreed to come to Mendocino County with his staff to discuss possible mitigations that may be required of Mendocino and Sonoma Counties under the Section 7 decision. All agencies dealing with water issues and having water users in their jurisdictions should be in attendance to learn of these potential mitigations and discuss them. Staff is requesting the Council send a letter to the Mendocino County Board of Supervisors, :Inland Water and Power Commission Board, Russian River Flood Control District Board, and the various water districts along the Russian River to invite them to this joint meeting with Sonoma County Water Agency regarding these issues. AGENDA SUMMARY REPORT ITEM NO. DATE: March 20, 2002 SUBJECT: INTRODUCTION OF ORDINANCE BY REQUEST OF THE UKIAH UNIFIED SCHOOL DISTRICT TO PROHIBIT SKATEBOARDS ON SCHOOL DISTRICT PROPERTY AND ADOPTION OF RESOLUTION DESIGNATING SCHOOL DISTRICT SITES The Superintendent of Ukiah Unified School District has requested the City Council to make clear that the prohibition of skateboard use applies to school district property within the City of Ukiah. The District has determined that skateboard use on its school grounds disrupts its educational programs and causes undue damage to school district property. To implement this request, an ordinance amending Ukiah City Code Section 6180 to make it clear that public property includes property owned by Ukiah Unified School District is necessary. The ordinance would also require the school district to post the signs providing notice of the prohibition. Currently, the applicable code section authorizes the City Council to designate public property where skateboard use is prohibited. The City Council is required to adopt resolutions specifying which public property is subject to the prohibition. The prohibition becomes effective when signs providing notice of the prohibition are posted. Staff has prepared an ordinance and resolution for Council's consideration. The ordinance specifically amends the code to include property owned by the District. The resolution implements the amendment by designating school district property where the skateboard prohibition will apply. The resolution will become effective when the amendments to Section 6180 become effective. If the Ordinance is introduced on March 20 and adopted on April 3, the ordinance and resolution will become effective on May 3, 2002. RECOMMENDED ACTION: 1. Introduce Ordinance by title only. 2. Adopt resolution. POLICY OPTIONS: 1. Do not extend the skateboard prohibition to include school district property and take no action regarding the ordinance. 2. Designate different sites than those recommended and adopt modified resolution. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Approved: mfh:ASRCityyCouncil UUSDSkateboards Ukiah Unified School District Ukiah Unified School District, City Manager David J. Rapport, City Attorney Candace Horsley, City Manager 1. Ordinance for introduction, pages 1-2, 2. Proposed Resolution, page 3. 3. February 27, 2002 letter from Gary Brawly, Superintendent of Ukiah Unified School District, page 4. Candace Horsley, C--~y Manager ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE SECTION 6180 PROHIBITING SKATEBOARDS ON PUBLIC PROPERTY DESIGNATED BY CITY COUNCIL RESOLUTION The City Council of the City of Ukiah hereby ordains as follows. SECTION ONE. FINDINGS. The City Council of the City of Ukiah finds: 1. The Board of Directors of the Ukiah Unified School District has requested the City Council to prohibit the use of skateboards on school sites in the city limits of the City of Ukiah. 2. While Ukiah City Code Section 6180 authorizes the City Council to prohibit skateboards on portions of public property designated by City Council resolution, in order to make clear that public property includes the grounds and buildings owned by Ukiah Unified School District within the City of Ukiah, the City Council hereby amends Section 6180. 3. Ukiah Unified School District has determined that skateboard use on school sites disrupts its educational programs and causes undue damage to school district property. SECTION TWO. ORDINANCE Section 6180 of Division 7, Chapter 2, Article 6 of the Ukiah City Code is hereby amended to read as follows: 6180: PROHIBITION ON USE OF SKATEBOARDS: No person shall operate, ride, propel or use a device with wheels commonly known and designated as a "skateboard" or any variation thereof in, on or over any public street, sidewalk, sidewalk space, park, public pedestrian walkway, publicly owned building, publicly owned property, publicly owned facility, or publicly owned parking facility, including such streets, sidewalks, spaces, walkways, buildings, property or facilities owned by Ukiah Unified School District within the City of Ukiah, when such street, sidewalk, space, park, walkway, public building or facility is posted with appropriate signs or markings prohibiting such use. The prohibition and the posting of such signs or markings shall be first established and approved by resolution of the City Council. The City Council shall so designate property belonging to Ukiah Unified School District only upon the written request of its Board of Directors. The District shall post the required signs. Ordinance No. Page 1 of 2 SECTION THREE. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published as required by law and shall become effective 30 days after it is adopted. This Ordinance was introduced by title only at a regular City Council meeting on March 20, 2002, by the following roll call note. AYES' NOES: ABSTAIN: ABSENT: This Ordinance was adopted on April 3, 2002, by the following roll call vote: AYES' NOES: ABSTAIN: ABSENT: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Ordinance No. Page 2 of 2 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ENACTED PURSUANT TO UKIAH CITY CODE SECTION 6180, PROHIBITING SKATEBOARD USE ON SCHOOL GROUNDS OF UKIAH UNIFIED SCHOOL DISTRICT WHEREAS, 1. The City Council is authorized by Ukiah City Code section 6180 to prohibit the use of skateboards on public property and public streets within the City of Ukiah; and 2. Said code section requires that the City Council adopt resolutions from time to time designating on which portions of public property or public streets skateboard use shall be prohibited; and 3. The Board of Directors of Ukiah Unified School District has determined that skateboard use on its school grounds disrupts its educational programs and causes undue damage to school district property. NOW, THEREFORE, BE IT RESOLVED that: 1. The use of skateboards on any portion of the buildings or grounds comprising the schools and other facilities within the City of Ukiah owned and operated by Ukiah Unified School District, including their parking lots, walkways, sidewalks, tennis courts, sports fields and areas, buildings, and landscaped areas is prohibited. These facilities include Nokomis, Yokayo, Frank Zeek, and Oak Manor elementary schools, Pomolita Middle School, Ukiah High School, South Valley High School, Ukiah Adult School, Special Ed Preschool Center, and the District Administrative Offices at 925 North State Street. 2. Appropriate signs reading: "Skateboards Prohibited" shall be posted at these locations. 3. This resolution shall become effective upon the effective date of Ordinance No. after the signs specified herein have been posted. and PASSED AND ADOPTED on March 20, 2002, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2002- Page I of 1 Ukiah Unified School District 925 North State Street, Ukiah California 95482 ALTERNATIVE EDUCATION 1056 N. Bush St., Ukiah, CA 95482 707.463 · 1767 HOPLAND SCHOOL 1 Ralph Bettcher Dr., Hopland, CA 95449 707. 744.1333 FAX 707. 744.1463 PRESCHOOL CENTER SPECIAL EDUCATION 1100 N. Bush St., Ukiah, CA 95482 707.468.3300/02 FAX 707.468.3311 UKIAH HIGH SCHOOL 1000 Low Gap Rd., Ukiah, CA 95482 707. 463.5253 FAX 707.463.4859 CALPELLA SCHOOL 151 Moore St., Ukiah, CA 95482 707.485. 8701 NOKOMIS SCHOOL 495 Washington Ave., Ukiah, CA 95482 707.463.5242 EAGLE PEAK MIDDLE SCHOOL 8601 West Rd., Redwood Valley, CA 95470 707.485.8154 YOKAYO SCHOOL 790 S. Dora St., Ukiah, CA 95482 707.463.5236 FAX 707.463.5297 REDWOOD VALLEY SCHOOL 700 School Way, Redwood Valley, CA 95470 701 · 485. 8741 OAK MANOR SCHOOL 400 Oak Manor Dr., Uldah, CA 95482 707.463.5249 SOUTH VALLEY HIGH SCHOOL 429 S. Dora St., Ukiah, CA 95482 707.463. 5220 FRANK ZEEK SCHOOL 1060 N. Bush St., Ukiah 95482 707.463 · 5245 POMOLITA MIDDLE SCHOOL 740 N. Spdng St., Ukiah, CA 95482 707.463. 5224 UKIAH ADULT SCHOOL 1056 N. Bush St., Ukiah, CA 95482 707.463. 5217 GARY L. BRAWLEY, Ed.D. Superintendent 707-463-5211 glb@uusd.k12.ca.us February 27, 2002 Candace Horsley, City Manager City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Ms. Horsley, It has come to om' attention that law enforcement cannot issue citations for skateboarderS on school sites under Section #6180. The Ukiah Unified School District requests that the Ukiah City Council expand the ordinance to include school sites inside the city limits of Ukiah. Thank/~u for your consideration in this matter. SiT~'Y//~ Superintendent GLBPoh cc: UUSD Board of Trustees Patrick Sisneros, Legal Counsel Phil Gary, Ed.D., Principal, Ukiah High School Jerry Garcia, Asst. Principal, Ukiah High School Focused on Success for All District Office: 925 N. State St., Ukiah, California 95482 FAX 707 · 463 · 2120 Fiscal Services 707, · 463 · 5201 Educational Services 707 · 463 · 5213 Personnel 707 · 463 · 5208 Personnel Commission 707 ° 463 · 5205 Special Education Services 707 · 468 · 3315 ITEM NO. lOf~ DATE: MARCH 20, 2002 AGENDA SUMMARY REPORT SUBJECT: SET DATES AND TIMES FOR FISCAL YEAR 2002-2003 BUDGET HEARING Historically, the annual budget hearing has been held during the last week in June to meet the adoption deadline of June 30. Staff recommends the City Council set June 25 and 26 (Tuesday and Wednesday) as the dates for this year since the regularly scheduled meeting of the Ukiah Valley Sanitation District is 3:00 pm Wednesday, June 26. The Redevelopment Agency hearing would be scheduled to immediately precede the District meeting. The Council should consider each member's calendar and set the City Council budget hearing time accordingly. Last year the hearing commenced at 8:00 am on the first day. RECOMMENDED ACTION: 1) Set Tuesday, June 25, 8:00 am, as the date and time to commence the hearing for the 2002-2003 City of Ukiah Fiscal Year Budget. 2) Set Wednesday, June 26, 3:00 pm, as the date and time for the joint hearing with the Ukiah Valley Sanitation District to consider the 2002-2003 Fiscal Year Budget. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine other dates and times are more appropriate and set those as desired. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, CityManager .. ~ -~,,,, Michael F. Harris, Risk Manager/Budget Officer ~ Gordon Elton, Director of Finance and Candace Horsley, Cit'~A-A'A'''''''''y Manager 1. Budget schedule, page 1. APPROVED~.~¢~~,..-- Candace Horsley, Cit~Manager mfh-asrcc02 ~ 0320BUDSCH DATES March 1 March 29 April 5 April 8-12 April 15-May 10 April 19 May 6 May 13-14 May 15 May 15-17 May 20-30 May 31 June 3-4 June 5-7 June 10-14 June 19 June 25-27 mfh:0203bud SCHEDULE CITY OF UKIAH FISCAL YEAR 2002~03 BUDGET SCHEDULE FEBRUARY 14, 2002 ACTION Budget worksheets (revenue and expenditure) distributed to Departments. Departments submit Accomplishments, Objectives, and Goals to City Manager. Departments submit proposed budgets (revenue and expenditure) to Budget Team (Risk Manager/Budget Officer and Director of Finance). Review of Department budget submittals and calculation of allocations by Budget Team; individual Departmental budget reviews with Budget Team. Total budget requests reviewed and tallied by Budget Team. Individual Department budget reviews with City Manager and Budget Team. Projected year end actual worksheets (with March figures) distributed to Departments. Departments submit projected year end actual figures. Preliminary budget figures completed by Budget Team. At regular City Council meeting, Council consider current/projected goals and objectives; provide direction as to priorities and policies for completion of budget; set dates for budget hearings. Preliminary budget numbers finalized by City Manager and Budget Team. Final individual Department budget reviews with City Manager and Budget Team. Final preliminary budget completed, reproduced, and distributed to departments for final review. Final department review and comments to Budget Team. Final department comments considered by Budget Team, final draft budget completed for City Manager review. Final draft budget produced for submittal to the City Council with Agenda Packet and to Ukiah Valley Sanitation District by separate distribution. Final draft budget available for public review at Library (June 15) and Civic Center counter (June 17). City Council continue regular meeting to specific dates and times for Budget Hearings. Three days of City Council (including Redevelopment Agency and Ukiah Valley Sanitation District) Budget Hearings held and Budget Adopted. ITEM NO. ~_oi MEETING DATE: March 20, 2002 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF COUNCIL COMMITTEE ASSIGNMENTS -- MAYOR ASHIKU Mayor Ashiku has requested a review of several Council Committee assignments to determine if some adjustments are necessary to meet Councilmember's schedules and commitments. RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: Mayor Phillip Ashiku Candace Horsley, City Manager Candace Horsley, City Manager Council Committee Assignment Sheet Approve(f: Candaco Hor$1~~, City Manager 4:Can: UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE March 20, 2002 NOTICE The regular meeting of the Ukiah Redevelopment Agency for Wednesday, March 20, 2002, is canceled. The next regularly scheduled meeting will be held on April 17, 2002