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HomeMy WebLinkAbout2000-10-18 PacketAGENDA SUMMARY ITEM NO. 3a DATE: October 12, 2000 16 REPORT SUBJECT: PRESENTATION BY KRISTY KELLY, DIRECTOR OF MENDOCINO COUNTY MENTAL HEALTH DEPARTMENT, REGARDING COMMUNITY BASED RECOVERY FOR THOSE WITH MENTAL ILLNESS The Mental Health Department has applied for state grants to assist with community based recovery programs. Mental Health Director Kristy Kelly will be making a presentation to the City Council explaining what community based recovery programs consist of and how they can be integrated into existing community activities. RECOMMENDED ACTION: Council receive information as presented by County of Mendocino Mental Health Director Kristy Kelly. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Kristy Kelly Candace Horsley, City Manager N/A 1. No,ne. APPROVED:~ Candace horsley'~'C!y Manager .... PROCLAMATION For NATIONAL BUSININESS WOMEN'S WEEK WHEREAS, working women constitute 62.7 million of the nation's work force and strive to serve their communities, their states and their nation in professional, civic and cultural capacities; WHEREAS, women-owned businesses account for over one-third of all firms in the country and provide employment for one out of every four U.S. workers; WHEREAS, major goals of business and professional women are to promote equality for all women and to help create better conditions for business women through the study of social, educational, economic and political problems; WHEREAS, all of us are proud of their leadership in these many fields of endeavor; NOW, THEREFORE, I, Phillip Ashiku, Vice-Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Roy Smith, Kathy Libby, Phil Baldwin, and Mayor Jim Mastin, do hereby proclaim October 16 through October 20, 2000, NATIONAL BUSINESS WOMEN'S WEEK This event is sponsored by Business and Professional Women/USA. I urge all citizens in Ukiah, all civic and fraternal groups, all educational associations, all news media and other community organizations to join this salute to working women. Encourage and promote the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic and cultural purposes. Signed this 18h day of October, 2000. Phillip Ashiku, Vice-Mayor ,o ., :, ;:t,?;'"' '" : MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, October 4, 2000 The Ukiah City Council met at a Regular Meeting on October 4, 2000, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Libby, Baldwin, Ashiku, and Mayor Mastin. Councilmember absent: Smith. Staff present: Public Works Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Interim Fire Chief Grebil, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Community Services Supervisor Sangiacomo, Deputy Public Works Director Seanor, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE VFW Chaplain Amos Moss led the Pledge of Allegiance. URGENCY ITEM: Mayor Mastin announced that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. The Urgency Item concerns discussion and approval of modification to the Contingency Plan for disposal of County waste prior to completion of the Ukiah Transfer Station, which can be heard under New Business 10-d. MIS Ashiku/Libby to add the Urgency Item concerning discussion and approval of modification to Contingency Plan for disposal of County waste prior to completion of the Ukiah Transfer Station, to be heard under New Business, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 3. PROCLAMATIONS 3a. October 8-14, 2000 is National Fire Prevention Week Mayor Mastin read a Proclamation designating October 8-14, 2000 as Fire Prevention Week in the City of Ukiah. Interim Fire Chief Grebil accepted the Proclamation on behalf of the Ukiah Fire Department and the citizens of Ukiah. He invited everyone to the annual Fire Department Open House on October 14, 2000 and provided Council with a Fire Prevention Care package. 3. PROCLAMATIONS 3b. October is Domestic Violence Awareness Month Mayor Mastin read a Proclamation designating the month of October 2000 as Domestic Violence Awareness Month in the City of Ukiah. Michael Harris a, as Treasurer of the Project Santuary Board of Directors, accepted the DRAFT October 4, 2000 Page 1 of 8 Proclamation on its behalf and thanked Council for its long-term support. He noted Council is invited to the Project Santuary Clothesline Project on October 13, 2000 in the Civic Center foyer. 3. PROCLAMATIONS 3c. October is United Way Month in the City of Ukiah Mayor Mastin read the Proclamation designating the month of October 2000 as United Way Month in the City of Ukiah. Mark Spalding accepted the Proclamation on behalf of United Way Mendocino-Lake and thanked Council for their support. He introduced Ken Cunningham as the new local representative in the Ukiah community. Ken Cunningham advised that he is looking forward to being part of the United Way programs in the Ukiah community. 4. APPROVAL OF MINUTES 4a. Regular Meetinq of Auqust 2, 2000 MIS AshikulBaldwin approving the minutes of the August 2, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 4. APPROVAL OF MINUTES 4b. Regular Meetinq of Auqust 16, 2000 MIS Baldwin/Ashiku approving the minutes of the August 16, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 4. APPROVAL OF MINUTES 4c. Adjourned Meetinq of August 23, 2000 MIS Ashiku/Baldwin approving the minutes of the August 23, 2000 Adjourned Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 4. APPROVAL OF MINUTES 4d. Regular Meeting of September 6, 2000 MIS BaldwinlAshiku approving the minutes of the September 6, 2000 Regular Meeting as presented, carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: Councilmember Libby. 5. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. DRAFT October 4, 2000 Page 2 of 8 6. CONSENT CALENDAR MIS LibbylAshiku approving items a through j of the Consent Calendar as follows: a. Awarded Contract to Proseed for Landfill Erosion Control in the Amount of $6,950; b. Received Notification to the City Council Regarding the Purchase of a Trickling Filter Bearing Assembly from D.C. Frost Associates for the Sum of $8,391.24; c. Awarded Acquisition of 2-Axle Truck to East Bay Ford Truck Sales in the Amount of $32,947.20 for the Department of Public Works; d. Awarded Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Family Tree Service in an Amount not to Exceed $30,000; e. Awarded Bid to Conduct a Russian River Watershed Sanitary Survey to Kennedy/Jenks Consultants for the Amount not to Exceed $18,400; f. Authorized Sole Source Purchase of a Vac-Con Model V350SHA/850 Combination Sewer and Storm Drain Cleaner Demonstrator Unit from Municipal Maintenance Equipment for the Sum of $195,803.11; g. Rejected Claims for Damages from Ulla Brunnber,q Rand and David Pashia and Referred to Redwood Empire Municipal Insurance Fund; h. Awarded Contract to Central Striping Service for Street Striping 2000, Specification No. 00-12 in the Amount of $19,089.40; i. Awarded Bid to California Single Ply, Inc. for the Roof Overlay of the Ukiah Civic Center in the Amount of $50,400; j. Received Report to Council Regarding Acquisition of Services From Spencer Brewer For the Management/Production of the 2001 Sundays in the Park Concert Series in the Amount of $7,500. Councilmember Baldwin noted that approximately $70,000 in City service contracts on the Consent Agenda would potentially fall under a Living Wage Ordinance if Council were to enact such an Ordinance in the future. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 9. UNFINISHED BUSINESS 9a. Regulation Use of Cellular Telephone~ City Attorney Rapport explained that he was asked by Council to investigate the possibility of regulating the use of cellular telephones while a person is driving a vehicle. It is his opinion that the City could not adopt such regulation. The Vehicle Code preempts operating vehicles on City streets and unless the Vehicle Code specifically authorizes the City to regulate cell phone use or to adopt traffic regulations concerning cell phone use in vehicles, the City doesn't have that authority. DRAFT October 4, 2000 Page 3 of 8 Councilmember Baldwin initiated discussion with the City Attorney concerning the Vehicle Code allowing the City to regulate traffic. City Attorney Rapport advised that there are specific types of traffic regulation that the City specifically is authorized to do, which he provided examples in his Memorandum to Council. None of those specific types of traffic regulation involve cell phone use. He noted that the authorization must be "expressed" and cannot be implied or inferred from some other authority that is in the Code. Discussion continued between City Attorney Rapport and Councilmember Baldwin concerning cell phone use with regard to laws in other states, traffic control devices, citing individuals for negligent driving when operating a vehicle while using a cell phone. Councilmember Baldwin recommended Council consider banning cell phone use in super markets, restaurants, movie theaters, live theaters, and classrooms. He explained that there would be signs at gas stations advising individuals not to operate cell phones because they are so powerful; they are known to start fires when operated near gas pumps. There was discussion regarding to the use of cell phones while driving a vehicle and also in public buildings. It was noted that the State legislature would be the authority to regulate cell phone use. Councilmember Baldwin advised that he would bring the matter back to Council at a later date. 10. NEW BUSINESS 10a. Adoption of Resolution Authorizinq 2000-01 First Round Grant Funding for Community Based, Non-Profit Or.qanizations City Manager Horsley advised that the City received requests for funding from 34 entities, totally $128,554. The subcommittee selected a total of nine entities for funding, totaling $19,425. Several factors were considered such as health, safety, and welfare, which would assist the greatest number of need, meeting the needs of youths and seniors, and also co-sponsored activities with the City or agencies that had not received funding in the last few years. She read the list of organizations selected for funding, program funded, and the amount of funding. Councilmember Libby, who sat on the subcommittee that reviewed the applications, advised that it was a very difficult decision because of so many worthwhile projects. Marvin Trotter, representing the Boys and Girls Club of Ukiah, thanked Council for $4,200 in funding for an Americorp employee. He discussed their fund raising efforts and the various programs offered. He referred to Ukiah Unified School Superintendent Dr. Brawley's letter to the Board of Supervisors recommending use of some of the Tobacco Funds for youth based organizations. DRAFT October 4, 2000 Page 4 of 8 Walter Kelly, Executive Director of the Boys and Girls Club of Ukiah, thanked Council on behalf of approximately 700 children who have attended the Boys and Girls Club throughout the year. Tom Greenaway, volunteer with the Court Appointed Special Advocate of Mendocino County (CASA), thanked Council for funding their project to recruit volunteers and for training. He discussed staffing for CASA and the need to train and recruit additional volunteers to work with children. Harold Macheral, Commander of American Legion Post 76, thanked Council for funding the purchase of flags to be displayed along State Street. Jerry Erickson, representing Disabled American Veterans, advised that their project is a coalition of three organizations: the American Legion Post 76, Disabled American Veterans Ch 50, and Veterans of Foreign Wars, and they plan to install 466 flags on State Street from Empire Drive to Talmage Road. He discussed the timeframe for installation of the flags to correspond with Memorial Day and the moving the Vietnam Memorial Wall. He thanked Council for funding. Mary Lindley thanked Council for their funding of installation of flags in Ukiah. Edward Dick, representing the Victim Offender Reconciliation and Juvenile Assault programs, discussed the programs and the positive affect on the community at large. He thanked Council for their funding support. MIRC Ashiku/Libby Adopting Resolution 2001-22 authorizing 2000-01 First Round Grant Funding for community Based, Non-Profit Organizations. Councilmember Baldwin explained that he preferred that the funds not be used for political or religious advocacy. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 8. PUBLIC HEARING (7:00 P.M.) 8a. Conduct Public Hearinq to Consider a Proposed Reduction to Certain Landfill Til:)~3in.q Fees and Adopt Resolution Revisinq Portions of Resolution Nos. 2000-01 and 99-06 Pertaininq to Til3r)inQ Fees Charqed for Compacted and Loose Refuse Delivered to the Ukiah Landfill Deputy Director of Public Works Seanor advised the proposal is to revise landfill tipping fees charged for compacted and loose refuse delivered to the Ukiah Landfill. The proposed changes to the current tipping fees reflect a reduction in the Mendocino Solid Waste Management Authority (MSWMA) surcharge that became effective September 1, 2000. MSWMA surcharge was reduced from $5 per ton for waste that is buried in the DRAFT October 4, 2000 Page 5 of 8 Landfill, to $4.50 per ton. He discussed the current tipping fee charged and proposed fee reduction to commercial haulers serving the customers within the County unincorporated areas and also for the new service area. He explained the wording in Resolution 99-06 and 2000-01 relating to whether or not the MSVVMA surcharge is included in the tipping fee. Staff is not proposing a change in the current tipping fee for the City of Ukiah's franchise hauler at this time because the tipping fees will need to be adjusted when the Taylor Drive Transfer Station is opened for business. It is proposed that the adjusted tipping fees be effective on November 1, 2000, in order to facilitate billing cycles. City Manager Horsley explained that the City is currently discussing commingling of recyclables that could have a possible additional charge due to the purchase of three new bins for each residential customer. Also, when the Transfer Station is opened, there will be a reduction in the tipping fee or charge to City residents. Staff is recommending the money be held, which will go toward the post-closure fund for the Landfill, so that we don't have to print all of the new rates and then have to redo the rate structure again within six months. Paul Caylor, 568 Donner Lane, employee of Mendocino County, thanked the City Manager and Mr. Seanor for explaining the Council meeting dates. He discussed the billing cycles of garbage haulers and supported the recommendation to have the rate change effective November 1, 2000. He thanked Council for considering the rate decrease. Public Hearing Opened: 7:18 p.m. No one came forward. Public Hearing Closed: 7:18 p.m. MIS Baldwin/Ashiku adopting Resolution No. 2001-23, Revising Portions of Resolution Nos. 2000-01 and 99-06 pertaining to Tipping Fees charged for compacted and loose refuse delivered to the Ukiah Landfill, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 10. NEW BUSINESS 10b. Consideration and Adoption of Resolution Approvin.q Memorandum of Understandinq for Employee Barqainin.q Unit- Miscellaneous Unit City Manager Horsley explained that the matter would be discussed during Closed Session. 10. NEW BUSINESS 10c. Consideration and Adoption of Resolution Approving Memorandum of Understandinq for Employee Bargaining Unit- Fire Unit City Manager Horsley explained that the matter would be discussed during Closed Session. 10d. Council Discussion and Approval of Modification to Continqency Plan for DRAFT October 4, 2000 Page 6 of 8 Disposal of County Waste Prior to Completion of the Ukiah Transfer Station City Manager Horsley advised she received a letter from Paul Caylor, Solid Waste Division Director for Mendocino County, discussing the situation with the Willits Transfer Station. Jerry Ward, CEO of Solid Wastes of Willits, informed the Willits City Council last week that he will not be meeting his contract deadline of November 1,2000 for the opening the Willits Transfer Station, and that it is now scheduled to open on November 30, 2000. Mr. Caylor's letter inquired about the City of Ukiah's stance concerning Willits continuing to enter the City of Ukiah Landfill after November 1, since Ukiah's Contingency Plan was based on waste stream calculations dependent on the Willits Transfer Station being opened by November 1, 2000. Staff is recommending that Council approve Willits continuing to dispose of their waste at the City of Ukiah Landfill, if they first agree to allow the entrance of County waste from the area surrounding the City of Ukiah to be deposited for up to two months at the Willits Transfer Station at any time before the Ukiah Transfer Station on Taylor Drive is opened. This would alleviate the City of Willits from having to find another site for a month and it would provide the County surrounding area to deposit their waste, if need be, and provides a win-win situation for both the County and City of Willits. Paul Caylor Mendocino County Solid Waste Director, advised that the County currently has a request to the City of Willits in terms of the contingency plans in case the Taylor Drive Transfer Station is not operational by the June 2001 deadline. The County has a request to the City of Willits for emergency access for up to six months. He noted that no provisions for emergency access were identified in the environmental document for the Willits Transfer Station. A brief discussion followed concerning the matter and Council thanked staff for their work to resolve the issues. M/RC MastinlAshiku Authorizing the City Manager to forward a letter to the City of Willits and County of Mendocino relative to changes to the previously approved Contingency Plan, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 12. CITY COUNCIL REPORTS Councilmember Libby reported that the Ukiah Valley Cultural Recreation Center is moving along. There was an article in the paper that the Board of Supervisors were going to provide $1 million from the tobacco settlement, but that is not the case at the present time. She noted that the Ukiah Community Center provided two new desks to the Boys and Girls Club. She reported that MCOG approved approximately $900 for the repavement program. Mayor Mastin advised that the Hate Crimes Public Forum was held on September 19, 2000 and was broadcast live on KZYX radio. The Hate Crimes Commission will meet again next week to incorporate some of the issues and suggestions that were brought up DRAFT October 4, 2000 Page 7 of 8 at the Forum into the draft an MOU, and then it will be given to the City Council and Board of Supervisors for comment. The Mendocino Brewing Company Red Tail Ale Music Festival was held on September 30 in the Plaza and several hundred people attended during the day. 13. CITY MANAGER/DIRECTOR REPORTS City Clerk Ulvila advised that she has been E-mailing Agendas to more people since E- mail was installed on her computer. A list is being compiled of those requesting Agendas be sent to them on a regular basis. City Manager Horsley noted that E-mailing Agendas saves money in postage and in paper for photocopying. Recessed at 7:31 p.m. Reconvened at 7:39 p.m. Adjourned to Closed Session: 7:39 p.m. 13. CLOSED SESSION a. G.C..~54957.6 - Conference with Labor Neqotiator Employee Negotiations: All Units Units Labor Negotiator: Candace Horsley Reconvened at 8:28 p.m. 10. NEW BUSINESS 10b. Consideration and Adoption of Resolution Approvinq Memorandum of Understandinq for Employee Bargaining Unit- Miscellaneous Unit MIRC AshikulBaldwin Adopting Resolution 2001-24 Adopting Resolution adopting Memorandum of Understanding between the City of Ukiah and the Miscellaneous Unit, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 10. NEW BUSINESS 10c. Consideration and Adoption of Resolution Approvinq Memorandum of Understanding for Employee Bargaining Unit - Fire Unit M/RC Baldwin/Ashiku Adopting Resolution 2001-25 Adopting Resolution adopting Memorandum of Understanding between the City of Ukiah and the Fire Unit, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 15. ADJOURNMENT There being no further business, the City Council meeting was adjourned a 8:30 p.m. Marie Ulvila, City Clerk DRAFT October 4, 2000 Page 8 of 8 6a ITEM NO.: DATE: OCTOBER 18, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF SEPTEMBER 2000 Payments made during the month of September, 2000, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 26212-26349, 26485-26706, 26810-26943, 26946-27028 Accounts Payable Manual check numbers: 20575 Payroll check numbers: 26211, 26350-26484, 26707-26809 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 September, 2000. 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' ~ 1~ ~i~. _ Candace hor~l~y-, ~ty.~Vlanager KRS:WORD/AGENDASEPT00 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER 2000 Demand Payments approved: Check No. 26212.26349, 26485-26586, 26587.26706, 26810-26943, 26946-27028 FUNDS: 100 General Fund $256,411.41 660 131 Equipment Reserve Fund 664 142 National Science Foundation 665 143 N.E.H.1. Museum Grant $3,832.25 670 150 Civic Center Fund 675 200 Asset Seizure Fund 678 203 H&S Education 11489(B)(2)(A1 $500.00 679 205 Sup Law Enforce Srv. Fd (SLESF) $2,245.05 695 206 Community Oriented Policing $797.16 696 207 Local Law Enforce. BIk Grant $32,676.39 697 220 Parking Dist. #10per & Maint $605.55 698 250 Special Revenue Fund $8,955.54 800 260 Downtown Business Improvement 801 300 Gas Tax Fund (2106) 805 301 Gas Tax Fund (2107) 806 332 Federal Emerg. Shelter Grant $8,943.21 820 333 Comm. Development Block Grant 900 335 Community Dev. Comm. Fund 910 410 Conference Center Fund $6,978.38 920 550 Lake Mendocino Bond 940 555 Lake Mendocino Bond Reserve 950 575 Garage $1,332.87 960 600 Airport $60,061.68 962 612 City/District Sewer $87,777.78 965 652 REDIP Sewer Enterprise Fund 966 Sanitary Disposal Site Fund Disposal Closure Reserve Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 26211, 26350-26484 DIRECT DEPOSIT NUMBERS 8556-8654 PAYROLL PERIOD 8/20/00-9/2/00 PAYROLL CHECK NUMBERS 26707-26809 DIRECT DEPOSIT NUMBERS 8655-8750 PAYROLL PERIOD 9/3/00.9/16/00 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS: None $61,962.13 $8,504.O0 $3,792.35 $870.39 $15,291.04 $68,359.78 $1,220.91 $5,011.60 $9,398.84 $613,177.49 $12,240.29 $170,777.92 $18,653.17 $44,489.56 $3,229.77 $141,434.24 $800.05 $303.80 $6,365.75 $14,192.01 $1,497.35 $1,672,689.71 $66,841.91 $173,684.29 $210,667.94 $2,123,883.85 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. 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Do z 0 cq cq o r.q ~q ~ t.--q cq o o Z Z o Z H 0 r~ ~J > o o o ~ 0~ 0~o 0~ 0 o o Z · ~ r._) . , 0 0 0 ~ E~ cD ~ · 0 ;> · 000 OZoa Z o ~ Z 0 CD CD <2> <D C7~ 0 0 ~ C) 0 0 0 0 0 o CD cO o~ 0 0 0 ~o E~OE~ · © C~ o~ · o U ~o · 0 ZZ · 0 ~ o ~o~ ~ t'~ · . 0 0 ~ 0 mm> · 0 o 0 ~ oo°o © o~°~ E~O~ OE-,~ ~,~10 o Z 0 , © 6b ITEM NO. DATE: October 18, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (110 WEST STANDLEY STREET), PURSUANT TO GOVERNMENT CODE §25351 SUMMARY: The County Department of Social Services has requested a waiver from the 60- day notification requirement, as established by Government Code §25351, to lease the property at 110 West Standley Street for use by the Mendocino County Grand Jury. The building recently housed the Mendocino County Superior Court Annex, and is adjacent to and north of the Sports Attic Bar and Grill. Government Code §25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before improving the property and occupying the building. As described in the attached letter, the Grand Jury simply intends to utilize the existing office space and not expand or alter the building. Its current location in the Courthouse is no longer adequate for its activities, and it needs additional office space. If the Resolution is adopted and (Continued on Page 2) RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code §25351. ALTERNATIVE POLICY OPTIONS- 1. Do not adopt the waiver Resolution, thereby requiring the County to wait 60 days to improve and occupy the proposed building located at 110 West Standley Street. Citizen Advised: N/A Requested By: Pete Halstad, Director, County Department of General Services Prepared By: Charley Stump, Director, Planning and Community Development Coordinated With: Candace Horsley, City Manager Attachments: 1) Waiver Resolution; 2) Halstad Correspondence; and 3) Location Map APPROVED:~ CanOe ~(Jrsley, City ~anager Page 2 the waiver granted, the Grand Jury would be able to move into the building and meet its growing spatial needs this fall. The subject site is zoned for a variety of commercial uses, and lies amidst the commercially developed downtown area. Using the existing office space as an office is an allowed use, and would not require descretionary review. Accordingly, staff can find no reason to oppose the County's immediate use of this site in the manner described, and, therefore, believes the 60-day noticing waiver is supportable. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, 1. Government Code §25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and 2. Government Code §25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and 3. The County General Services Department has requested a waiver of the 60-day notification requirement to lease the property located at 110 West Standley Street for the purpose of providing office space for the Mendocino County Grand Jury; and 4. The granting of the waiver will enable the General Services Department to facilitate the timley relocation of the Grand Jury into the new office space this fall; and 5. The property located at 110 West Standley Street is zoned for commercial use; lies amidst the commercial downtown area; and the intended use would be compatible with the existing commercial and professional office land uses in the vicinity; and 6. The use of the property by the Mendocino county grand Jury for office space would not be inconsistent with any City code, or the goals and policies of the Ukiah General Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino General Services Department a waiver of the 60-day notification requirement to lease and occupy the property at 110 West Standley Street in a timely manner in order to provide much needed office space for the Mendocino County Grand Jury. PASSED AND ADOPTED on this18TH day of October, 2000, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of 1 Peter W. Halstad, Director Purchasing Agent Telephone: (707) 463-4291 FAX: (707) 463-4673 Buildings & Grounds Fleet Maintenance Printing/Duplicating Purchasing/Stores Telecommunications October 3, 2000 City Council City of Ukiah 300 Seminary Avenue Ukiah CA 95482 COUNTY OF MENDOCINO GENERAL SERVICES DEPARTMENT 841 Low Gap Road Ukiah, California 95482 OCT 4 2OOO crI'Y OF UKIAH CITY CLERK'S DEPARTMENT Re: County Lease of 110 West Standley Street Agenda Item for Next City Council Meeting Honorable Council Members: The County of Mendocino wishes to lease the property at 110 West Standley Street for use by the Mendocino County Grand Jury. By way of this letter, we hereby request that the City Council adopt a resolution waiving the 60-day notification requirement (reference Government Code Section 25351). Your cooperation in granting this request will enable the Grand Jury to begin utilizing the space in the month of October. The Grand Jury's current space in the Courthouse is no longer adequate for their needs, and we would greatly appreciate your allowing us to move them to lnore suitable office space at the earliest opportunity. We regret our oversight in not having notified you earlier of this matter, and apologize for any inconvenience this may have caused. If you have any questions, please feel free to contact me. Yours truly, Director, General Services PWHflao cc: Kristi Furman, Clerk of the Board Mendocino County Grand Jury ATTACHMENT NO. 2 LOCATION MAP ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (110 WEST STANDLEY STREET), PURSUANT TO GOVERNMENT CODE §25351 ATTACHMENT NO. 3 AGENDA SUMMARY Sa ITEM NO. DATE: October 18, 2000 REPORT SUBJECT: PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF FEDERAL LAW ENFORCEMENT BLOCK GRANT AND DISCUSSION OF FUND ALLOCATION, AND APPROVAL OF BUDGET AMENDMENT SUMMARY: On October 2, 2000 the City of Ukiah's application for Local Law Enforcement Block Grant (LLEBG) funding from the Federal Bureau of Justice Assistance was approved in the amount of $23,873. With a local City match of $2,653, the total grant project is $26,526. The Local Law Enforcement Grant is designed to fund projects which assist and help make Law Enforcement Officers more effective within their community. Over the last few years this grant has assisted the Police Department with funding for the PAL Program, Public Safety Technology Improvements, and most recently the installation of video cameras in the patrol vehicles. Prior to receipt of the funds, a public hearing must be conducted to determine how these monies will be expended. Since moving to a computerized records management system, the Police Department has found that the officers spend an increased amount of time typing their prepared reports. Because effective deployment of a mobile vehicle computer system is still beyond the fiscal ability of the department, additional ways to free officer availability time have been studied. Through these studies, the Department has found that the most effective way to increase the time available to our officers is to implement a dictation system. By providing the officers with digital hand held recorders, officers will have the ability to dictate their reports while in the field, and then using our computer network, e-mail these reports to an outside source for transcription. When completed the officer will then review and finalize the report. (Continued on page 2) RECOMMENDED ACTIONS 1. Hold required Public Hearing on proposed project expenses. 2. Approve Transcription Project at a cost of $26,526 as the expenditure for the 2000/01 Local Law Enforcement Block Grant. 3. Approve budget amendment increasing account 207.0900.488.002 (2000/01 grant revenue) to $23,873, increasing account 207.0900.905.000 (miscellaneous revenue) to $653, and increasing expenditure accounts 207.2001 .xxx.xxx by $26,526 for transcription activities. ALTERNATIVE COUNCIL POLICY OPTION: Reject proposal and provide staff with direction for alternative expenditures of grant funding. Citizen Advised: N/A Requested by: Police Department Prepared by: Chris Dewey- Administrative Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Budget Amendment Worksheet, page 1. APPROVED: e Florsley, anager PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF FEDERAL LAW ENFORCEMENT BLOCK GRANT AND DISCUSSION OF FUND ALLOCATION, AND APPROVAL OF BUDGET AMENDMENT Page 2 October 18, 2000 Staff is recommending that this grant be utilized to pay for the costs of the digital recorders and the transcription services for the next year. Such a program is within the grant guidelines and elimination of typing by the officers will significantly increase their efficiency and productivity. At this time it is anticipated that the contract with the Department's existing dictation service would be revised and extended through October 26, 2001 to implement this proposal. Though award of the grant was anticipated in the adopted FY00/01 budget, the identified revenue, local match, and expenditures were less than the actual grant figures. To insure proper accounting for the grant, a budget amendment is necessary. The appropriate amendment is to increase grant revenue from $17,830 to $23,873, add miscellaneous revenue of $653 (to meet the additional required local match), and increase expenditures by $26,526 to accommodate the transcription activities. The General Fund is not impacted by this budget amendment. Staff recommends that the City Council conduct a public hearing to consider the programs available for LLEBG funding, determine the most appropriate expenditure of funds, and approve the required budget amendment. Cd:COUNdictation ~>~ ~ o .... .-- 0 ~0~0 ~000 o~~ 0 ~ ~ ~00 , O0 ~0 O0 0 : ~ : : I&l ~ > -- AGENDA SUMMARY 9a ITEM NO. DATE' October 18, 2000 REPORT SUBJECT: STATUS REPORT CONCERNING THE GOLDEN PROPERTY NUISANCE ABATEMENT AT 190 RUPE STREET SUMMARY: On September 6, 2000, the City Council voted 4 to 0 to adopt Resolution 2001- 19, which declared the structures located at 190 Rupe Street a public nuisance and a violation of both State and local laws. The adoption of that Resolution triggered a 30-day period in which the property owner had to abate the nuisance, or at the minimum, show legitimate progress towards correcting the problem. Status: Over the past 30-days, staff has had a series of conversations with Maureen Gannon Riedy, who is one of the owners of the property. She has expressed a genuine desire to comply with the terms of the Resolution and the mandate to abate the nuisance. To date, she has filed a permit to demolish the old Foster Freeze building, and has indicated that the work will be performed in early November. She has also arranged to have the old C.H.P. building secured to the satisfaction of the Building Inspector at or about the time the old Foster Freeze building is demolished. Ms. Riedy has also indicated that she is expecting an estimate/bid for demolishing the old C.E.D. building in the very near future. As an option to demolition, she is dialoging with the City Fire Marshal about using the structure for a training burn, but to date no agreement has been reached. Conclusions: Staff is able to conclude that considerable progress has been made by the property owner to abate the nuisance, and therefore no action by the City to initiate public abatement is necessary at this time. However, staff will continue to monitor the progress very closely to ensure the complete abatement of the nuisance in a timely manner. RECOMMENDED ACTION: Receive Status Report concerning the Golden property nuisance abatement. ALTERNATIVE POLICY OPTIONS- Do not receive report and provide direction to staff. Citizen Advised: Property Owners Prepared By: Charley Stump, Director, Planning and Community Development Coordinated With: Candace Horsley, City Manager Attachments: None -Candace Horsley, Ci~ Manager AGENDA SUMMARY 10a ITEM NO. DATE: OCTOBER 18, 2000 REPORT SUBJECT: CITY OF UKIAH SECURED GRANTS During consideration of the 2000/01 the City Council requested information regarding the grant funding received by the City of Ukiah. Attached is a summary of the active City grants and the amount of funds utilized during the past fiscal year. Data regarding the original award amount, award date, duration, fund/account number, and description of each grant are provided for a more in-depth understanding of these funding sources. Last year the City had 23 active grants totaling $2,921,089 of financial assistance. $230,034 of local match is required to support these outside resources. Of the total awarded, $802,438 was used during the 1999/2000 fiscal year. As can be noted in the descriptions, some of the grants are multi-year commitments and thus there will be a difference between the total amount funded and the amount used in any one year. The array and complexity of funding mechanisms is diverse. Departments with current grants range from the Airport to the Sun House. Some grants such as the Community Oriented Policing (COPS) and Home Investment Partnerships Program (HOME), have substantial local match conditions and reporting requirements, while the Division of Aeronautics grant is essentially an "entitlement" merely because the City has an airport operating at a defined level. The Federal Emergency Shelter Grant (FESG) funds are primarily used by the City's subcontractors The Ford Street Project and Ukiah Community Center with a minimal amount for City administration; the Economic Development Block Grant (EDBG) is used for local business expansion loans. Each funding source is unique and meets specific needs and opportunities within our community. Staff will continue to search for relevant, pertinent, and effective methods to enhance our local financial capabilities to provide the services and projects desired by our residents. RECOMMENDED ACTION: Receive And File Report Regarding Grant Funds Utilized In 1999/2000. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A N/A Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager Attachments: APPROVED'L--~~ ' Ca--~ace H-orsley, C~ mfh:asrcc00 1018GRANTS 1. Summary of Grant Funds Utilized in 1999/2000, pages 1-3. Manager co~; zO >- ~ (.,1 I-- Z r,..3 o~ zO >- ~ Z ~o o~ zO EO 10b iTEM NO. DATE: October 18, 2000 AGENDA SUMMARY REPORT SUBJECT: CLARIFICATION OF ADOPTED ORDINANCE AMENDING INDUSTRIAL PARK PLANNED DEVELOPMENT ("MIXED-USE") THE AIRPORT SUMMARY: On October 20, 1999, the City Council introduced an Ordinance revising the Airport Industrial Park (ALP) Planned Development by adding a "Mixed-Use" land use designation to the 32 acres west of Airport Park Boulevard and south of Commerce Drive. During that hearing, the City Council chose not to include language requiring certain land use "percentages" for projects within the Mixed-Use area. The Ordinance was subsequently adopted on November 3, 1999. In May of this year, the City Council clarified the Ordinance by removing language that was inadvertently left in the final text that dealt with use "percentages." Recently, concern has been expressed that the Ordinance contains language requiring that every project within the Mixed-Use area of the AlP contain a "viable industrial component", and that this essentially constitutes requiring a "percentage" of the project to be industrial (see page 11 of the attached Ordinance). Staff is seeking clarification of the City Council's action when it added the Mixed-Use designation to the AlP. Specifically, we need to know if it was the City Council's intent to require all development projects in the Mixed-Use area to contain some sort of an industrial component. This specific language was not discussed by the Council during the series of meetings leading to the May 17th "clarification" meeting. If the Council determines that the requirement that every project must have a "viable industrial component" conflicts with its vision for the Mixed-Use area of the AlP, then staff will immediately initiate an amendment to the Ordinance. RECOMMENDED ACTION: Discuss the "viable industrial component" requirement, and determine whether or not it conflicts with the Council's vision for the Mixed-Use area, or that it should remain as a requirement for all projects in this portion of the Airport Industrial Park. ALTERNATIVE COUNCIL POLICY OPTION' Decline to discuss the matter, and provide direction to staff. Citizen Advised: Airport Industrial Park property owners Requested by: Planning Department Prepared by: Charley Stump, Planning Director Coordinated with: Candace Horsley, City Manager, and David Rapport, City Attorney Attachments: 1. Adopted Airport Industrial Park Planned Development Ordinance 2. City Council minutes, dated October 20, 1999 (introduction hearing) 3. City Council minutes, dated May 17, 2000 (clarification hearing) APPROVED: Candace Horsley er ORDINANCE NO. 1030 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to list hotels and sit-down restaurants as "allowed" land uses in the Professional Office Land Use Designation. Section Two The overall purpose of the Airport Industrial Park Planned Development is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. The AlP Planned Development is consistent with the "Master Plan" land use designation for the property contained in the Ukiah General Plan. Section Three This ordinance also formally amends the Land Use Map that illustrates which land use designations are assigned to the various properties throughout the Airport Industrial Park. The map shows the approximate 32 acres west of Airport Park Boulevard and south of Commerce Drive (Hastings) being redesignated from "Industrial" to "Industrial/Mixed-Use." The land use designations apply to the 138 acre Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northwest portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 12.6 acres). . m ,, . 1 8. Total Acreage AlP: Highway Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). Retail Commercial: Applies to 13.44 acres north of Commerce Drive, and approximately 23.41 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east. (approximately 37 acres). Industrial: Applies to the property situated at the southern end of the Airport Industrial Park (approximately 24.8 acres). Industrial/Automotive Commercial: Applies to the southern portion of the Redwood Business Park, south of Assessor's Parcel Nos. 180-080-44 and 45, east of Airport Park Boulevard, and fronting Highway 101 (approximately 16 acres). Industrial/Mixed- Use: Applies to the lands west of Airport Park Boulevard south of Commerce Drive. Includes the (2) acres adjacent to and north of the existing brewery parcel, and the approximate one (1) acre west of and adjacent to the existing pond (approximately 32 acres). Roads and landscaping: Approximately 14.2 acres. Approximately 138 acres. Three Four The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1993, the City Council adopted a revised Ordinance (929) to allow "General Commercial" in addition to the approved "Highway Oriented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Ddve on the south, and Airport Park Boulevard on the west. This Ordinance also "created" the Planned Development Ordinance out of what was previously a Use Permit. On May 1, 1996, the City Council adopted Ordinance 963, which amended the AlP Planned Development to make it a more organized and useable set of regulations. On June 19, 1997, the Planned Development was amended again by the adoption of Ordinance 964, which created an Industrial/Automotive Commercial Land Use Designation for the 16 acres directly south of the home improvement center/hardware store facility east of Airport Park Boulevard. On Apdl 2, 1997, the Planned Development Ordinance was amended by the adoption of Ordinance 991, which permitted drive-thru restaurants on the lands designated as Highway Commercial. On November 3, 1999, the Ordinance was amended to designate the 32 acres south of Hastings Avenue and west of Airport Park Boulevard as "Industrial Mixed-Use." Section Five Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan "Master Plan" land use designation. Section Six The Development Map (Generalized Land Use Map) for this Planned Development, as well as the design guidelines and development standards constitute the Concept Development Plan, as required by Article 14, Chapter 2 (Zoning) of the Ukiah Municipal Code. The Development Map (Generalized Land Use Map) attached as Exhibit "A", is approved. The Traffic Circulation Plan for this Planned Development is discussed in Section "1" on page 24, and the Circulation Map, attached as Exhibit "B", is approved. Section Seven Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. Section Eight Amendment to this ordinance requires City Council action. All Major Variance, Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor permits are subject to the review and action by the City Zoning Administrator. Decisions on Major and Minor Variance, Site Development and Use Permits made by the City Planning Commission or Zoning Administrator are appealable to the City Council pursuant to section 9266 of the Ukiah Municipal Code. Section Nine Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Ten This version of the Airport Industrial Park (ALP) Planned Development supersedes all past versions, and shall govern and regulate the growth and development within the AlP. Section Eleven The regulations for this Planned Development, as required in Article 14, Chapter 2 (Zoning), of the Ukiah Municipal Code are as follows: A. INDUSTRIAL DESIGNATION '1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. ao bo co d. eo Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or non-retail business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. Wholesaling and Related Uses -includes establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, soding, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers. Contractor's Offices - includes business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. Agricultural - allowed as a continuation of the existing land use, including all necessary structures and appurtenances. Research and Development Laboratories, and computer and data processing. 1 g. Accessory Uses and Structures - activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size, and do not exceed 20 percent of the total land dedicated to the Industrial Land Use Designation: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive- thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. a. f. Public Facilities -includes all public and quasi-public facilities such as utility substations, post offices, fire stations, and government offices. g. Repair Services - includes repair services such as radio and television, fumiture, automotive repair, body and fender shops. h. Communication Installations -includes radio and television stations, telegraph and telephone offices, cable T.V., and micro-wave stations. PROFESSIONAL OFFICE DESIGNATION 1. Purpose The purpose of the Professional Office Land Use Designation is to provide opportunity for a variety of business and professional offices, as well as a limited number of highway commercial land uses. Land uses such as child care facilities, delicatessens, and small retail stores and shops are intended to be ancillary components to professional office development projects, and the limited highway commercial land uses. 2. General Requirements a. Child care facilities, delicatessens, and small commercial retail stores and shops shall not exceed 20 percent of the total developable square footage of any one parcel. The resulting square footage that comprises this 20 percent shall only be developed with individual store/shop spaces that do not exceed 2,000 square feet in size. a Allowed Uses The following uses are allowed in the Professional Office designation with the securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office support services - includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. d. Retail commercial in the built-out northwest portion of this area outside the boundaries of the Redwood Business Park. e. Hotels and sit-down restaurants (no drive-thru restaurants). Permitted Uses The following uses are permitted in the Professional Office Designation with the secudng of a Use Permit: a. Delicatessen and sandwich shop. b. Small grocery or convenience store. c. Small retail commercial stores and shops of 2,000 square feet or less, and in combination not exceeding 20 percent of the total developable square footage on a parcel. C= HIGHWAY COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down and drive-thru restaurants, service stations, and other similar uses that provide services and merchandise primarily to highway travelers. b. Retail commercial stores. RETAIL COMMERCIAL DESIGNATION '1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. c. Delicatessen, sandwich shop, and ice cream parlor. 2. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: ao b. c. Restaurants (no drive-thru restaurants). Small grocery or convenience store. Banking facility. Fe INDUSTRIAL/AUTOMOTIVE COMMERCIAL DESIGNATION '1. Allowed Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Site Development Permit: a. All the allowed industrial uses listed in Item A (1) above. b. Automobile dealerships, except for those that exclusively sell used vehicles. 2. Permitted Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Use Permit: a. All the permitted industrial land uses listed in Item A (2) above. b. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). c. Automotive service (gas) station. d. Small grocery store, mini-market, or convenience store. e. Uses related to automobile dealerships such as tire stores, auto pads stores, car washing facilities, automobile repair business, etc. INDUSTRIAL ! MIXED-USE DESIGNATION 1. Purpose The underlying allowed land use in the Industrial/Mixed-Use designation is industrial and light manufacturing. The purpose of the Industrial/Mixed-Use designation is to provide for a compatible mix of industrial, professional office, and commercial land uses. 10 1 General Requirements a. All proposed development projects within the Industrial/Mixed-Use designation must include a viable industrial component. Allowed Uses The following uses are allowed in the Industrial/Mixed-Use Designation with the securing of a Site Development Permit. a. Industrial: 1. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. 2. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. 3. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, 11 ,, commercial, institutional, or business users, or other wholesalers; b. Commercial: 1. Contractor's Offices and Yards - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. 2. Computer assembly and data processing 3. Repair services, including automotive repair. 4. Accessory uses and structures - activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the pdmary use/structure, and shall not exceed 25% of the gross floor area of the primary use. c. Professional Offices Uses: Professional and business offices. Permitted Uses The following uses may be permitted in the Industrial/Mixed-Use Land Use Designation with the securing of a Use Permit: a. Industrial Uses: 1. Research and Development Laboratories. 2. Industrial uses not listed in Item 3 above (Allowed Uses), and/or excluded in the prohibited uses listed in section F (Nuisances) below. 12 b. Commercial Uses: 1. Industrial and business support services -includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, and blueprinting and photocopying. 2. Delicatessen, sandwich shop, cafe, or sit-down restaurant (no drive-thru restaurants shall be permitted). 3. Small grocery or convenience store. 4. Child day-care facility for serving employees within the AlP. 5. Retail commercial shops and stores. 6. Business and Office support services - establishments primarily engaged in providing services to businesses and offices - such as janitorial and building maintenance, and equipment rental and leasing. F. NUISANCES 1. No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the 13 G. boundary line of the property upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by standards prescribed in the Ukiah Municipal Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. e. Any use producing emissions shall comply with all the requirements of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and all local Laws and regulations. 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the 14 a . entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. 1. Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum Lot Covera~je No more than 40 percent of the lot shall be covered by buildings or structures. Above ground parking lots and landscaping areas shall not be included in the calculation of lot coverage. Industrial land uses may cover a maximum of 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. Minimum Buildincj Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a minimum setback of 60 feet from the property line adjacent to the 15 . w . freeway. Side yard setbacks shall be determined in the Site Development or Use Permit review process. Maximum Building Height The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Ukiah Airport Master Plan All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements ("B1" Compatibility Zone = 60 persons per acre / "C" Compatibility Zone = 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. Screening Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. 16 . Se 10. 11. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Class III Bicycle lanes shall be provided on all streets according to CalTrans standards. Development Integration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and Site Development and Use Permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. 17 12. Street Width Standards The following street standards have been established by the Ukiah Department of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement . . Right-of-way Pavement a. travel lanes (2) b. left turn lane Curbs (both sides) Cul-de-sac (turn-arounds) Curb Returns Radius 66 feet 44 feet 64 feet 40 feet 14 feet 20 feet 12 feet 12 feet 1 foot I foot 100 feet diameter 35 feet 35 feet 32 feet 30 feet 15 feet 13. Access Driveways and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for the parcel or parcels located at the southeast corner of Talmage Road and Airport Park Boulevard. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. 18 14. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. Minimum Parking and Loading Requirements a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the approved use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 19 H. 15. Signage Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. All proposed development projects shall include a detailed sign program. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. '1. Landscaping and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be proportional to the building elevations. g. Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native species are strongly encouraged. h. All landscape plantings shall be of sufficient size, health and intensity so that a viable and mature appearance can be attained in three years. 20 ko m. no Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50 percent over all paved areas within ten years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. Parking lots shall have a perimeter planting strip with both trees and shrubs. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless because of the small size of a parcel, such coverage would be unreasonable. A minimum of 50 percent (50%) of the landscaped area shall be dedicated to live plantings. 21 /-- Z./ = = o. Landscaping Plans shall include an automatic irrigation system. p. All required landscaping for commercial development projects shall be adequately maintained in a viable condition. q. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a Landscaping Plan depending upon the size, scale, intensity, and location of the development project. Orientation and Location of Buildings a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. Architectural Design a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. Co 22 /-2.2- 4. Building Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. 5. Lighting a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. All lighting plans shall emphasize security and safety, and shall minimize energy usage. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, adjacent properties, or upwards towards the sky. 6. Design Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. CIRCULATION PLAN The Circulation Plan for the Airport Industrial Park is illustrated on the attached Exhibit "B". As shown, the plan includes points of access at Talmage Road at the north, Hastings Avenue at the northwest, and Airport Road at the southwest. In lieu of the originally 23 Ji envisioned southem access road (Airport Park Boulevard to Norgard Lane) an emergency access is provided through the airport to a future gated encroachment along the southern portion of Airport Road. Internal access includes an extension of Airport Road from the west into the southern portion of the site; Airport Park Boulevard from Talmage Road on the north, extending south to intersect with the Airport Road extension; and Commerce Drive from west to east in the northern portion of the AlP. All streets within the AlP shall be public. Property owners of parcels with frontage along the railroad right-of-way are encouraged to plan for possible future use of the railroad. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (ALP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development Permit or Use Permit is required for development projects proposed in the AlP. 1. Site Development Permits and Use Permits a. As articulated in Section 9 above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concems shall be appropriately analyzed. b. All Major Use Permits, Variances, and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor Use Permits, Variances, 24 and Site Development Permits shall be subject to Zoning Administrator review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission and Zoning Administrator are appealable to the City Council pursuant to Section 9266 of the Ukiah Municipal Code. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Planning Commission's decision on major modifications to an approved Site Development Permit, Variance or Use Permit is appealable to the City Council. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit, Variance or Use Permit is appealable directly to the City Council. Building Modifications a. Extedor modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be required for all substantial exterior modifications to existing structures, site design elements, and landscaping 25 decision as to whether or not it is an allowed or permitted land use. the Planning Director shall find as follows: within the Airport Industrial Park. The application procedure shall be that prescribed in Article 20 the Ukiah Municipal Code. Section Twelve Whenever a use is not listed in this Planned Development Ordinance as a permitted or allowed use in any of the land use designations, the Planning Director shall determine whether the use is appropriate in the land use designation where the subject property is situated, and make a In making this determination, . , o o That the use would not be incompatible with existing nearby land uses, or the allowed and permitted land uses listed for the particular land use designation. That the use would not be detrimental to the continuing development of the area in which the use would be located. That the use would be in harmony and consistent with the purpose and intent of the Airport Industrial Park Planned Development Ordinance and Ukiah General Plan. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted in any land use designation within the Airport Industrial Park shall be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in 26 accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director's actions are final for the City of Ukiah. Section Thirteen This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on August 18, 2000 by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin NOES: None ABSENT: None ABSTAIN: None Passed and adopted on September 6, 2000 by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin NOES: None ABSENT: Councilmember Libby ABSTAIN: None ATTEST: Marie Ulvila, City Clerk City of Ukiah, California Certified To Be A True and Exact Copy Date -- Marie Ulvila, - 27 /-2.7 EXHIBIT "A" AIRPORT INDUSTRIAL PARK LAND USE MAP PROFESSIONAL OFFICE HIGHWAY COMMERCIAL RETAIL COMMERCIAL INDUSTRIAL/MIXED USE RETAIL COMMERCIAL INDUSTRIAL -- AUTOMOTIVE COMMERCIAL INDUSTRIAL EXHIBIT "B" AIRPORT INDUSTRIAL PARK CIRCULATION PLAN TALIV[A, GE ROAD COMMERCE DRIVE AIRPORTROAD-- AIRPORT PARK 13LVD EME, ACCESS FROM AIRPORT Councilmember Baldwin discussed revising the existing ordinance in order to achieve density requirements whereby the applicant would provide affordable rentals forever. Mr. Lohse reported that, in discussions with landlords, it is common for landlords to charge higher rents due to the lack of apartments in the community. The system is run by supply and demand, with supply very Iow at this time. Mayor Mastin sympathized with the neighbors who opposed the project, however, he noted that with the construction of the project, their property values will most likely increase. He recommended an additional condition be added to the project that there be "right turn only" onto Low Gap Road, ingress Only, from the site. He also recommended a condition requiring the applicant to contact MSWMA regarding a recycling program for the development. Councilmember Ashiku proposed that staff be allowed to modify the conditions regarding access onto Low Gap Road as they monitor the project regarding traffic flows. City Attorney Rapport advised that Council may impose a condition which states that if, at any point, the Planning Director determines that the unrestricted access to Low Gap Road is causing significant traffic problems, he may impose a requirement that there be limited access, or an alternative, to the problem. M/nc Ashiku/Smith upholding the Appeal and approve Negative Declaration No. 99-28; ca'rried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. M/nc Ashiku/Smith approving Major Site Development Permit No. 99-28, based on findings 1 through 9 on Attachment 6, pages 4 through 5, and subject to conditions 1 through 21 on Attachment 6, pages 6 through 8, in addition to Condition No. 22: At the Planning Director's discretion, should unrestricted access become unmanageable or problematic, he may restrict access onto Low Gap Road. Councilmember Baldwin was supportive of the project, however, he preferred there be more open space and expressed concern there is no guarantee that the units will be affordable. He discussed inclusionary zoning whereby units are set aside to remain below market value. 157 M/nc Ashiku/Smith amending motion to include Condition No. 23: The applicant shall contact Mendocino Solid Waste Management Authority regarding a recycling program for the project; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 8:55 p.m. - Councilmember Libby returned to the meeting. 8f. Introduction of Ordinance Amending Airport Industrial Park Planned Development (Continued from September 15, 1999) Senior Planner Stump advised that on September 15, 1999, the City Council considered October 20, 1999 Page 8 of 16 158 the proposed amendments to the Airport Industrial Park Planned Development Ordinance, and after a lengthy discussion, decided to continue the matter to allow more time for study and analysis. The proposed Ordinance would establish a 32-acre mixed use area, along the west side of Airport Park Boulevard, south of Commerce Drive, and would allow a mix of industrial, commercial, and office land uses. The Planning Commission reviewed the Ordinance and formulated a recommendation to Council with significant changes. Most notably, the Planning Commission recommended to reduce the 32 acres to 15 acres, situated on the northern portion of the acreage. Staff is not supportive of this reduction, but would rather see the mixed use applied to the entire 32 acres. The other major change the Planning Commission is recommending to Council is to establish allowed percentages for uses within the mixed use area of a minimum of 40% of industrial land use, a maximum of 30% commercial/retail use, and the remaining percentage could be a mix of industrial or professional office type uses. Staff recommends deviation language be included to allow a superior project, that doesn't exactly meet the percentages, be allowed approval. He reported that Councilmember Ashiku has submitted a letter in which he makes 18 suggested modifications to the proposed Ordinance, and is included in the Council packet. Additionally, Councilmember Baldwin submitted a Resolution to establish a City Improvement Fund related to the Airport Industrial Park/Redwood Business Park. Staff is recommending Council incorporate the changes made by the Planning Commission, except for the 15 acre limitation, include deviation language, and including a number of the points made by Councilmember Ashiku. Councilmember Ashiku discussed points made in his letter to staff. He inquired of staff regarding the "Circulation plan(I): Parcels with frontage along the railroad right-of-way shall be preserve and facilitate and integrate with the possible future multiple use of the right-of-way.", and why this concept was not supported by staff in light of the future transportation concept of a corridor with bike paths, etc. along the railroad. Mr. Stump explained that the Planning Commission has suggested similar language be added to the circulation section of the Ordinance, and read that section to Council. Many of those parcels have grade differentials between the rear of the parcel and the railroad right-of-way making it physically impossible to accomplish. Counciimember Ashiku referred to point #5 of his letter, with regard to the deletion of reference to delicatessens or small grocery stores, and questioned how these types of uses fit into industrial zoning when they are not provided in other commercial aspects of the AlP. It was his view that these are commercial type uses. Mr. Stump stated that the previous City Council amended the Ordinance in 1996 and felt those types of uses were appropriate in an industrial zone so that employees would not have to drive out of the Industrial Zone to obtain food. Councilmember Ashiku addressed point #9 and recommended the term "deviation from percent requirement" language be removed from the Ordinance. He was of the opinion that all architecture should be of superior quality in the ^IP and there should not be any October 20, 1999 Page 9 of 16 consideration given to a particular project in order to justify increased commercial or professional office space. An overall discussion followed concerning Councilmember Ashiku's points, as noted in his letter in the Council Packet. The percentages related to allowable uses within a mixed use zone was also discussed. Providing a definition for the term "deviation" was suggested. There was also discussion of what are permitted uses in the Industrial Zone. Mr, Stump advised that staff has determined that mini storage facilities would not be a viable use of the land and should be removed, and is of the belief that delis and small grocery stores are useful in an Industrial Zone. 9:10 p.m. - Public Hearing Opened. Gary Akerstrom, representing Redwood Business Park, 425 Talmage Road, discussed the flight patterns at the Ukiah Municipal Airport. With the aid of an overhead projector, he displayed a map of the Ukiah Municipal Airport and surrounding areas. He continued with a discussion of safety and density issues related to land within close proximity to the Airport. He identified tax benefits to the City from the businesses located within the Redwood Business Park, which currently consists of commercial uses. It was his opinion that a rail spur would not be utilized by small high-tech industrial uses, since it would not be cost effective. Zoning of surrounding areas and along the freeway was discussed. It was his observation that, due to changes over the years, there is no longer a demand for industrial buildings within the AlP. He advised that the cost per square foot for land within the AlP, after deducting the non-useable land, would be $1.25, $0.25 per square foot for grading, $0.65 for infrastructure, $0.25 per square foot for off site improvements, $0.40 administration, marketing $0.40, and carrying costs of $0.60, for a total of $3.80 per square foot, without any profit built into it. He noted that about 10% of the land within Redwood Business Park were used for roads and infrastructure. He discussed the Boyles Report from the 1980 Specific Plan with regard to off site improvements which, at the time, was envisioned to be paid by the City. It has now become the responsibility of the developer and has the effect of increasing the price of the land and making it less viable as industrial property. He displayed a map of parcels located within the Yokayo Shopping Center and explained how mixed use percentages designated 'on a parcel could create a problem for project financing. He also displayed a map of the parcels within the Redwood Business Park and explained how the projects were developed incrementally. He was of the opinion that a mixed use designation, without specific percentages, would attract industrial, commercial, as well as office type uses to the AlP. He reported receiving very few inquiries with regard to property for industrial uses. He continued with discussion of development costs within the City as compared to those in the County's jurisdiction, noting that it is more expensive in the City to develop a project due to infrastructure costs. Jim King, attomey with the firm of Mannon and King, representing Don Wegner who owns two of the 5-acre parcels in the area which is currently under consideration of rezoning. He advised that Mr. Wagner is opposed to the Planning Commission's recommendation of reducing the mixed use area from 32 to 18 acres. He also opposes the requirement of specific percentages of industrial use in this area because it is inflexible and micro- management of land. Council should set reasonable parameters for how this property can October 20, 1999 Page 10 of 16 159' 160 be used so that it is consistent with surrounding uses. It was his opinion that industrial use is not attracted to that area. In order to attract light industrial businesses, the property must be affordable, noting that industrial users can't pay the high land prices that the Park is asking. He discussed industrial uses in the Willits area, noting that most of those businesses pay Iow to medium wageS. Originally, the vision for the AlP included more industrial uses, however, over the years, the uses have become more commercial. Since the land is designated Industrial, the property owners are unable to sell their property with a decent profit. He opposed designating percentages to the mixed use designation and encouraged more flexibility to allow industrial as well as commercial use of the property within the AlP. He advised that the cost of electric power is too high in Ukiah, whereas most companies will locate where they can get power from P.G.&E. One of the reasons why light industry is locating in Willits is because there are no. requirements for curbs, gutters, sidewalks, and landscaping. Councilmember Baldwin inquired as to'the zoning of Mr. Wagner's properties when he purchased them. Don Wagner advised the properties were zoned Industrial. 9:52 p.m. - Public Hearing Closed. 9:52 p.m. - Recessed. 10:00 p.m. - Reconvened. Considerable discussion followed with regard to the 18 points raised by Councilmember Ashiku in his letter to staff, as well as staff's analysis of the mixed use designation. Discussion of the City's utility rates upon businesses was compare~i to P.G.&E.'s rates. The trend of the AlP towards commercial use was discussed extensively. Many Councilmembers were of the opinion that the AlP is no longer an industrial park. M/RC Ashiku/Smith to introduce Ordinance by "Title Only" Amending the Airport Industrial Park Planned Development, incorporating the changes made by the Planning Commission, deleting the percentages of use and mini-storage use for the entire 32 acres. A brief discussion followed concerning the motion. M/RC Ashiku/Smith amending the motion to introduce Ordinance by "Title Only" Amending the Airport Industrial Park Planned Development, incorporating the changes recommended by the Planning Commission with the exception of reduction in mixed use acreage, deleting the term "deviation", deleting the percentages, incorporating modifications as stated in the Staff Report including the exclusion of mini-storage. Councilmember Baldwin discussed the history of the Ordinance and felt the need and desire for profit and revenue to the City is driving development within the City. He inquired of the City Attorney regarding the disposition of the sales tax revenue generated by businesses within the AlP and if those funds are used for improvements to the City. He was of the belief that these funds should be set aside in a special fund. He inquired as to October 20, 1999 Pagell ofl6 the difference between setting up a fund for a specific purpose from sales tax revenues as opposed to the City receiving a gift from either an individual or government agency. 16'1 City Attorney Rapport advised that sales tax is General Fund revenue. One of the differences between the City receiving a gift from a private individual who donates, money to the City is that the person donating the gift usually attaches a specific purpose for their contribution. In accepting that gift, the City agrees to use the funds for that specified purpose and it becomes a contractual obligation that the City assumes. When the City collects sales tax, it is General Fund revenues and the City can spend the money on any General Fund expenditure. If the Council decided to spend that money for a particular purpose, it would become a budgeting decision. Council could create a fund and allocate a certain percentage of General Fund revenues for a specific purpose during the budgetary process. However, this does not prevent a future Council from deciding that they do not want to continue using that money for that purpose. Councilmember Baldwin inquired if the City sold a major asset, such as the Airport, could those funds be set aside for a specific purpose. City Attomey Rapport advised that, should the Airport be sold, Council could designate that proceeds from the sale be designated for a specific use. However, that would not prevent a future Council from changing the use of those funds. Councilmember Baldwin was of the opinion that there will be significant negative impacts from the proposed Ordinance related to air quality and traffic, and felt that the citizens would be more willing to accept it if they knew they were getting more out of the proposal. He felt that all the revenue generated from the AlP is going into the existing bureaucracy and buying computers. He advised that he will make a proposal during budget hearings that 70%-80% of the revenue generated from the AIR rezoning, and from rebates that the City gives to industry or business, tax deferrals, or any subsidies, should be targeted for specific improvements, such as parks and bike paths. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. City Clerk Uivila read the title of the Ordinance. M/RC Ashiku/Libby to introduce Ordinance Amending the Airport Industrial Park Planned Development; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. Councilmember Libby noted that she spoke with the Willits City Manager regarding their industrial park and he advised her that it does provide many jobs. Many of their employees are from Ukiah. Willits' biggest problem is that those that work in Willits come to Ukiah to spend their money, thereby adding to Ukiah's sales tax revenues. October 20,1999 Page 12 of 16 The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 7, AUDIENCE COMMENTS ON NON-AGENDA ITEMS No on came forward to address Council. UNFINISHED BUSINESS 8a. Introduction of Ordinance Amendinq Division 1, Chapter 2, Article 2, Section 62 of the Ukiah City Code Regarding Councilmembers' Salaries City Manager Horsley advised that the salary increase to $462 per month was approved by Council at the last Council meeting. The ordinance is presented to Council for introduction. MIS Baldwin/Smith to Introduce Ordinance by Title Only Amending Ukiah City Code, Chapter 2, Division 1, Article 2, Section 62 Establishing the Salaries for Councilmembers, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: Councilmember Ashiku. ABSENT: None. ABSTAIN: None. City Clerk Ulvila read the title of the Ordinance. MIS Baldwin/Smith to Introduce Ordinance Amending Ukiah City Code, Chapter 2, Division 1, Article 2, Section 62 Establishing the Salaries for Councilmembers, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: Councilmember Ashiku. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9a Clarification of Adopted Ordinance Amendinq the Airport Industrial Park Planned Development ("Mixed-Use") Senior Planner Stump advised that in November 1999, Council amended the Airport Industrial Park Planned Development Ordinance by establishing a Mixed Use designation for approximately 32 acres on the west side of Airport Park Boulevard. The focus of discussion at that meeting centered on the Planning Commission's recommendation to establish use percentages, and recommended Council that the Ordinance contain requirements that development include 40% industrial, 30% retail/commercial, and 30% either professional office or additional industrial development per parcel. After discussing the matter, Council decided not to include that in the Ordinance. Since that time, staff has discovered that the Ordinance was not edited completely by staff and there is still a reference to a use percentage. Staff is requesting Council's clarification on this matter and believes it was just an editing error on staff's part and asked Council to concur with that analysis, and direct staff to make the proper correction. City Attorney Rapport advised that Council clearly made the policy decision at the previous meeting to eliminate the percentages, and was of the opinion that it is a clerical error and would not require Council to go through the process of an amendment to the Zoning Ordinance. Regular Meeting May 17, 2000 Page 4 of'7 MIS Libby/Smith acknowledging the editing error for Ordinance No. 1024 and directing staff to make the necessary correction; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. 9a. .Adoption of Resolution Acceptin.q Portions of Airport Park Boulevard into thc City Street System Deputy Public Works Director Seanor advised that on November 5, 1997, the City Council accepted portions of Airport Park Boulevard, south of Friedman Brothers to the Mendocino Brewing Company, into the City street system. The proposed resolution would provide for acceptance for the remainder of Airport Park Boulevard, from Talmage Road to a point south of Friedman Brothers. Councilmember Ashiku inquired of the City Attorney if accepting roads that are substandard into the system would set a precedent. City Attorney Rapport advised that the City has complete discretion as to when and under what circumstances it accepts roads into the City street system. MIS Libby/Ashiku adopting Resolution 2000-45 Accepting portions of Airport Park Boulevard into the City Street System; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 9c. Set Dates and Times for Fiscal Year 2000/01 Budqet Hearinn City Manager Horsley advised that historically the budget hearings have been scheduled during the last week of June to meet the City's adoption deadline of June 30. Staff is recommending June 28 and 29 for the hearings. The Ukiah Valley Sanitation District will be meeting on June 28 at 3:00 p.m. and a joint meeting is proposed. Any budget items not addressed on that date would be carried over to the following day. Discussion of the recommended budget session dates and times followed. Staffs discussed presenting a balance budget and reporting to Council items of importance that are not included in the proposed budget. These items will be ranked in priority. Consensus of Council authorized setting Wednesday, June 28 from 8:00 a.m. to 6:00 p.m., and Thursday, June 29 from 8:00 a.m. to noon, as the dates and times to commence the hearing for the 2000/01 City of Ukiah Fiscal Year Budget, and setting Wednesday, June 28, 3:00 p.m. as the date and time for the joint hearing with the Ukiah Valley Sanitation District to consider the 2000/01 Fiscal Year Budget, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. City Manager Horsley recognized Risk Manager/Budget Officer Mike Harris for the excellent job he does in preparing proclamations and other matters for City Council. Regular Meeting May 17, 2000 Page $ or'7 10c ITEM NO. DATE: October 18, 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION CONCERNING THE FEASIBILITY OF ESTABLISHING AN OPEN SPACE, TRAILS, AND CREEKS COMMISSION. SUMMARY: During the budget hearings last June, the City Council directed staff to review the Open Space and Conservation Element of the General Plan, and explore the need and feasibility of establishing an Open Space, Trails, and Creeks Commission. In response to this direction, staff has prepared a brief Status Report concerning the implementation of the Open Space and Conservation Element programs/policies, as well as a discussion of issues associated with the establishment of an Open Space, Trails, and Creeks Committee or Commission. At this time, staff recommends that the existing Parks, Recreation, and Golf Commission and Planning Commission be asked to review the open space and trails issues contained in the General Plan, and report back to the Council about the feasibility of advising it on these matters in the future. If one of both of these Commissions feel confident advising the Council, there may not be a need to establish a new Commission/Committee. Open Space and Conservation Element Programs/Policies: The Open Space and Conservation Element contained in the General Plan is a comprehensive blueprint for conserving and enhancing open space in and around our community. It addresses the Russian River, creeks and streams, the hillside area, water quality, agriculture, native plants and animals, scenic corridors, urban open space, and air quality. The Element contains 119 implementation measures to conserve these natural resources as development occurs, and to enhance them if they have been compromised by past growth and development. Progress in fulfilling the direction of the Element has been steady. To date, the City has adopted Landscaping and Streetscape Design Guidelines, the Orrs Creek Habitat Enhancement and Flood Control Study, and major revisions to the Zoning Ordinance. These revisions include a maximum 40% lot coverage (building) standard, and minimum 20% landscaping coverage for all development in commercial zones. The landscaping requirements also include strong standards for tree planting in parking lots, street trees, site perimeter planting areas, and the use of native plant species. In (Continued on page 2) RECOMMENDED ACTION: Direct staff to discuss the open space and trails aspects of the General Plan with the Parks, Recreation, and Golf Commission, and the Planning Commission, and report back to the Council about the feasibility of advising them on these matters in the future. ALTERNATIVE COUNCIL POLICY OPTION: Provide alternative direction to staff. Citizen Advised: N/A Requested by: Planning Department Prepared by: Charley Stump, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, Cit~Manager addition, the draft Gibson Creek Habitat Enhancement and Public Access Study has been prepared and is under review. The Planning Commission will review this study in early November, and the City Council will receive it shortly thereafter. Finally, staff has prepared preliminary draft revisions to the Hillside Zoning regulations, and the Planning Commission conducted the first in a series of workshops last summer. A second workshop is targeted for late this fall. Open Space, Trails, and Creeks Committee Issues: The development of an Open Space, Trails, and Creeks Committee raises a variety of issues. These include availability of staff to provide support, the overlapping of responsibilities between the Planning Commission, Parks, Recreation, and Golf Commission and the new Committee, and the County acceptance of the open space and trail tasks outlined in the General Plan. Staff Support: The Planning Department currently provides staff support to the City Council, Planning Commission, Traffic Engineering Committee, Demolition Permit Review Committee, and Project Review Committee. We also participate and provide staff support to a number of small community groups such as the Homeless Shelter Group, Ukiah Valley Cultural and Recreational Committee, Ukiah Unified School District Land Use Committee, and others. While adding another committee would stretch us even thinner, and take time away from current projects, we would certainly accommodate the desires of the Council to staff a new Commission/Committee if necessary. Overlapping of Responsibilities: The Planning Commission has expressed a strong interest in reviewing the creek enhancement and public access plans because of its responsibilities for reviewing and acting on development projects that have relationships with the creeks that pass through the City. The Planning Commission also concerns itself with urban open space on a project-by-project basis. The Parks, Recreation, and Golf Commission develops and enforces policies for the operation, use, and management of recreation activities and facilities, parks and parkways. They also develop policies for the acquisition, development, and improvement of parks, playgrounds, and facilities for recreation. Based on these responsibilities, it would seem that either commission could advise the Council on open space and trails issues. Mendocino County Participation: The General Plan Open Space and Conservation Element calls for the City and County to work together to identify ridgeline areas for public use and possible acquisition. The Parks and Recreation Element calls for the establishment of a joint City-County Trails Committee to assist in the planning and development of trails, as well as access acquisition. However, it is unknown whether or not the direction of establishing an inter-governmental Trails Committee will survive the County Area Plan process. It seems logical to wait for the Area Plan to be adopted before pursuing this City-County committee. CONCLUSIONS: The Council has asked staff to provide a brief status report on implementing the policies of the General Plan Open Space Element, and to provide some thoughts on the feasibility of establishing an Open Space, Trails, and Creeks Commission/Committee. Given the number of Open Space implementation measures contained in the Plan, as well as the limited number of staff specifically assigned to implementing the Plan, considerable progress has been made. Before pursuing the creation of an Open Space, Trails, and Creeks Commission/Committee, staff suggests that the matter be presented to the Planning Commission and Parks, Recreation, and Golf Commission to see if they feel confident advising the Council on Open Space and trail issues. RECOMMENDATION: Direct staff to discuss the open space and trails aspects of the General Plan with the Parks, Recreation, and Golf Commission and the Planning Commission, and report back to the Council about the feasibility of advising it on these matters in the future. 10d ITEM NO. DATE: OCTOBER 18, 2000 AGENDA SUMMARY REPORT SUBJECT: SOLICITATION OF HOME INVESTMENT PARNTERSHIPS PROGRAM (HOME) APPLICATION PROPOSALS The California State Department of Housing and Community Development (HCD) has announced the availability of $54 million in Home Investment Partnerships Program (HOME) funds for the current federal fiscal year. The City has also been approached by prospective developers inquiring about the City's interest in applying for these funds. This federal funding is to assist cities, counties, and nonprofit community housing development organizations create and retain affordable housing. Eligible activities include housing rehabilitation, new construction, and acquisition and rehabilitation, for both single- family and multifamily projects, benefiting lower-income renters or owners. Maximum grant amounts are: $1 million for rental construction projects and acquisition programs, $750,000 for homeownership construction projects, and $500,000 for homeownership purchase programs. The Council may recall that the City received a $300,000+ HOME award last year for the First Time Homebuyer Program being administered by the Community Development Commission (CDC). There are two critical issues regarding this program which must be resolved prior to approval of an application. The first is that a 25% local match is required. This match may come from the Redevelopment Housing Fund (962), Community Development Commission Fund (335), agreements with the funded project developer, or outside sources such as State Tax Credits. The intent is to not impact the General Fund. (Continued on page 2) RECOMMENDED ACTION' Direct staff to solicit HOME application proposals from interested firms or agencies for consideration at the November 1 City Council meeting. ALTERNATIVE COUNCIL POLICY OPTIONS' Determine that this grant program should not be pursued and take no action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Michael F. Harris, Risk Manager/Budget Candace Horsley, City Manager None APPROVED: L~~--_D',_ Ccandace Horsley, City ~anager SOLICITATION OF HOME INVESTMENT PARNTERSHIPS PROGRAM (HOME) APPLICATION PROPOSALS October 18, 2000 Page 2 The second item is grant administration. The HOME program entails substantial administrative activities, which would significantly impact existing City staff resources. Outside grant administration consultants would have to be secured or administration by the project proponent would be required, to insure this portion of the grant is appropriately completed. The two and one half percent of total grant award allocated for administration may be used for either situation. The application deadline is November 13, which would require Council action to approve an application at its November 1 meeting. Staff believes this is a viable funding source to pursue depending upon the mechanism to provide the local match and the ability to complete the administrative functions. As noted earlier, Staff has been approached by entities who are familiar with the program and interested in developing an eligible project within the City. Staff is requesting authorization by the Council to solicit application proposals from interested firms or agencies for consideration at the November 1 Council meeting. A specific recommendation and appropriate resolution would be presented at that time. mfh:asrcc00 1018HOME ITEM NO. 10e DATE' October 18, 2000 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF ADDITION TO UKIAH CIVIC CENTER AND AUTHORIZATION OF STAFF TO PROCEED WITH DEVELOPMENT Presented in this report is a proposal for a 5,500 square foot addition to the Ukiah Civic Center. The proposed addition will be attached to the west employee entrance and extend toward Dora Street. The building is proposed to be constructed in the area currently used for employee parking and the lawn, adjacent to Clay Street. The lawn area will be removed for parking and relandscaped. The proposed parking plan includes planters for trees and shrubs as well as a 10 to 20 foot wide lawn strip buffering the parking area and Clay Street, similar to the Conference Center parking lot. This proposal is being presented to the Council at this time for discussion and direction to staff as to further development and funding of the project. Should the Council determine to proceed, final plans will be submitted to the Planning Commission for consideration of a Site Development Permit. The addition is being proposed to provide space for several departments and divisions, whose needs have either changed or were not present at the time the Civic Center was originally constructed. Also, in the City's effort to continually improve service delivery to the public, several divisions have experienced minor growth or have been relocated to the Civic Center, resulting in the conversion of much needed meeting rooms into office space. Included in this report is a description of each division's operations which will be housed in the proposed addition and the basis upon which their square footage needs have been determined. (Continued on Page 2) RECOMMENDED ACTION: After discussion of the proposed addition to the Civic Center, provide direction to staff as to further development. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Prepared by: Coordinated with: Attachments: . N/A ~~ Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and Gordon Elton, Finance Director Proposed Addition Plans Architect's Estimate Building and Construction Allocation Worksheet APPROVED:t~~ Candac~ I--i'orsley, ~y Manager LD4 Building.ASR Title: Discussion of Addition to Ukiah Civic Center and Authorization of Staff to Proceed Page 2 Police Department Prior to the opening of the new Civic Center in 1988, the Police Department had been located independent from other City services at the corner of Standley and Mason Streets. While the consolidation of services within the new Civic Center has greatly enhanced coordination of service delivery, the Police have experienced limitations on space for evidence storage and processing. Currently, the Department has converted an office into storage and through an agreement'with the Sheriff's office has been storing evidence at the County facility. Vehicle evidence storage currently takes place in one of the open parking stalls under the canopy on the south side of the Civic Center. The primary concern of the Police Department with this current arrangement is preserving the integrity of the evidence itself. In the event evidence is challenged, the Department must be able to show a clear "chain of evidence" which can establish that the evidence was processed and preserved without tampering. The current facilities and arrangements make that difficult as evidence is often exposed to multiple individuals, including the public, and is moved several times prior to presentation in court. In order to resolve this problem, the Police have requested the addition include a small evidence receiving area, adjoining on one side a vehicle evidence processing and storage area, and on the other, a miscellaneous evidence storage area. These areas will have no access to or from the interior of the building and will be utilized by Police Department personnel only. The total square footage of the three areas is 1,251 square feet. Purchasing Division Purchasing is a division of the Finance Department which was previously located in the Corporation Yard. It was relocated to the Civic Center at the time the Corporation Yard was reorganized to provide space for the electric utility service crews. Office space for Purchasing Supervisor, Nora Kennedy has been provided by building a cubicle in what was previously a hallway, however, no space is available for receiving goods, particularly paper products. Paper products are particularly problematic since to obtain the best price, the City must buy in bulk, which then requires storage. The current paper storage area has been reduced due to the growth in records retention which has taken approximately half of the paper goods store room. In addition, the paper products must be stored in a climate controlled environment and readily accessible to the office staff. The project has included a receiving and storage area of approximately 700 square feet in addition to an 81 square foot office for the Purchasing Supervisor who would be located in the new addition. This area will allow goods to be shipped and received from this location as opposed to the current location at the front counter of the Civic Center. Goods can be warehoused until the appropriate division can pick them up. It will also allow bulk paper products to be stored in a climate controlled environment. Billing and Collection The Billing and Collection division has recently been relocated as part of a Civic Center reconfiguration to adjust the amount of space allocated to various divisions based upon current staffing numbers and space needs. This relocation has resolved the work space deficiencies experienced by this division, however, Billing and Collection is also required to operate mechanical office equipment in the process of billing distribution which generates substantial noise. Due to the noise factor, the bill folding and stuffing operation has been located in the employees lounge and mailroom. This location has minimized the noise issue within the general work area, however, it has significantly reduced not only the area of the lounge but the quality of the environment. Title: Discussion of Addition to Ukiah Civic Center and Authorization of Staff to Proceed with Development Page 3 The proposed addition provides approximately 280 square feet for bill folding and stuffing as well as storage of the paper products utilized in this process. Electric Utility The remainder of the space in the addition would be utilized by Electric Utility staff including the Director, Administrative Analyst, Engineering Tech, and the Meter Reading and Repair staff. The relocation of this Department to the addition will consolidate the electric distribution, engineering, and meter reading operations into one location. Currently the Meter Readers are located in the hallway entry to the rolling files and the meter repair person is located in the building maintenance storeroom. The Engineering Tech serves as the plan review representative for the Electric Distribution Division and requires space to unroll and review development plans. The current office space in which this individual is located, is inadequate to allow proper review of plans, plan storage, and the distribution monitoring equipment located there. The proposed addition provides approximately 850 square feet for the Meter Readers and Engineering Tech. The location of the office will also allow developers and contractors direct access to staff for questions regarding development. Once the Utility staff is located in the new wing, their current locations along the north wall will then be converted into conference and meeting rooms. The need for meeting space has become crucial within the Civic Center as there are only two north wing meeting rooms remaining which have not been converted to office space. In addition, as the Utility Department is funding its share of the construction costs, it will not be required to pay rent costs allocated for space in the existing facility. Summary A proposed floor plan has been attached which illustrates the square footage distribution discussed above. The parking area shown on the plan includes parking for meter reader vehicles at the north employee entrance, and 20 additional employee and city vehicle parking spaces. The four spaces directly in front of the Clay Street entrance will be reserved for public parking. These numbers are comparable to the current parking which is provided for employees. Project Architect, Richard Ruff has provided a construction estimate of $703,800 for the project (Attachment #2). This figure includes $440,000 for the building, $92,000 for site work, $80,000 for general conditions, and $91,800 for contingency. The current budget includes $175,000 for General Fund contribution to the project, which has been slightly reduced by the architectural fees incurred to date. Staff believes this is a fair estimate, however, some reduction in costs may be possible through the utilization of City forces for small portions of the project and partial use of the contingency allocation. Also attached for the Council's review is a Budget Allocation Worksheet provided by Finance Director Gordon Elton to illustrate the proposed cost distribution of the project. As stated previously, staff is presenting this item to the Council for discussion, input, and direction. No formal action to approve is required at this time. Should the Council direct staff to proceed, a Site Development Permit will be reviewed by the Planning Commission and a final project design and cost estimate will be returned for formal Council approval. IRICHARD P RUFF Attachment #2 CITY OF UKIAH NORTH WING ADDITION 5900SF PRELIMINARY COST ESTIMATE DATE: September 27, 2000 GENERAL CONDITIONS Project Manager Superintendent Temporary & Site Services Testing & Inspections Insurance & Bonding Profit & Overhead SITE WORK Survey Demolition Testing Building Pad Utilities Underground Site Concrete Landscaping Pavement Site Electric BUILDING $ 92,000. SddO,OOO. Sub-Total 15% Contingency $612,000. $ 91,800. Total Estimated Cost P.O. Box 708 · Hopland, · CA 95449 P 707.744.1474 ,, F 707.744.148.5 · CA Lic. C 11736 $703,800. RUFF CONSTRUCTION INC. · CA Lic. B597217 0 0 0 0 ,=--3,, 0 0 --~ 0 0 O(0(33 O0 !'0 FO 0 0 0 0 0 0 0 0 0 0 0 0 Attachment #3 0 0 0 0 0 0 .-~ .-~ --~ --~ .-~ 0 0 --~ b~oooooooboo oob~ O~ C~ C~ C~ O1C~ O0 0 0 _.~ CO (~0 !,0 . . '~~0~bo°~ooo00 .,,,I O0 O0 0') I~ .-~ 0 0 0 0-~ 0 0 )> mmmmm~~ ~m m<~ ~~~m -'~ Z 0 0 0 0 0 0 0 ~ ~ 0 m (3O O0 ~0 0 0 0 CO (33 C~ 0 (~ 0 0 0 0 0 0 CO CO CO CO 0 0 0 0 ~') 000000'-,1(33030300001-' 0 0 0 0 0 0 CO CO CO CO 0 0 0 0 C)- 0 0 0 0 0 0 --,i O) 03 O) 0 0 0 0 z 0 1of ITEM NO. DATE: October 18, 2000 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF REMOVAL OF PARKING METERS ON SEMINARY AVENUE At the first meeting in September, the City Council requested staff evaluate the revenue generated by the parking meters on Seminary Avenue and agendize the item for further discussion. Staff has completed the analysis requested by the Council and is returning the item at this time. Since the removal of the Deodora Cedars and the relandscaping of Seminary Avenue, staff has also received several requests to remove the parking meters for aesthetic purposes. There are 27 meters placed along the two block median strip of Seminary Avenue, between State and Oak Streets. These meters generate an average monthly income of approximately $100 or $1,200 annually. This represents 14% of the $8,415 on-street meter revenue projected for the FY 2000/01 budget. The FY 2000/01 budget for the Parking District projected total revenue of $135,230 and expenditures of $127,993. Council should note maintenance and collection costs are not tracked for on-street meters. In addition to the metered parking along the medians, 27 unmetered spaces are available along the curbsides. The spaces along the curbsides are two hour time limits and are generally most utilized by customers as they are free. The metered spaces in the median provide a five hour time limit which allows for longer term and employee parking. (Continued on Page 2) RECOMMENDED ACTION: Approve removal of the parking meters along Seminary Avenue medians and direct staff to initiate the establishment of a two hour time zone in that location. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the two hour time zone is inappropriate and direct staff to maintain the existing five hour zone. 2. Determine the removal of the parking meters is inappropriate at this time and do not move to approve. Citizen Advised: N/A Requested by: City Council Prepared by: Larry W. DeKnoblough, Community Services Director t Coordinated with: Candace Horsley, City Manager and Patsy Archibald, Customer Service Supervisor Attachments: 1...~cerpt of Parking District Budget APPROVED:'~~, Candace Horsley, Manager LD2 SEMINARY.ASR CONSIDERATION Of REMOVAL OF PARKING METERS ON SEMINARY AVENUE October 18, 2000 Page 2 The continuation of the provision for longer term parking is an important factor for the Council to consider should the meters be removed. Employees of businesses in the area will need to utilize on- street parking as there are no off-street public parking facilities in this area. Employees could secure parking permits which would allow all day parking in designated areas, even two hour zones. Should the Council determine to remove the meters, staff recommends a resolution be brought back to the Council changing the time limit along the medians to two hours, as it is along the curbsides, and that Council authorize staff to issue permit parking in the two hour zone, which would allow for all day parking. This approach will provide a safeguard to prevent abuse and ensure that spaces are available to the public while still meeting the needs of employees in the area. This recommendation is consistent with management of Parking District resources since the adoption of the Downtown Parking Improvement Program. This Program has created reductions in revenue received from meter use and fines with an increase in permit use and revenues. For example, in FY 1996/97 the District had $36,569 in total permit revenue, $21,917 in total meter revenue, and $53,396 in penalties. In FY 2000/01 the projected revenues shift to $69,815 in permits, $13,415 in meters, and only $37,000 in penalties. These figures illustrate the success of the Council's direction in adopting the Parking Improvement Program to improve public relations by shifting from increasing fine revenue to providing secure all day parking for employees through permits. The figures also illustrate a shift from meter usage to permits, which has resulted in an overall revenue increase for the district and a decrease in complaints. Staff believes the impact to Parking District revenues which would be created by the removal of the parking meters, would be minimal and potentially offset by increased permit revenues. The removal of the meters will also improve the aesthetics of the Avenue medians. As stated above, this item is being presented at Council's request. Should the Council determine to take action to remove the meters at this time, staff is recommending direction from the Council to return with a resolution to establish a two hour time zone along the medians. 0 "~'-- 0 "~-'"' 0 0¢'~ I"-.. '~- 0 CO 0 '~1" 0 0 C~ll ,~4-1: O.-oO~OO~ ,-.-.- o,-oo~oo ~ ,.~ o ~. oco oO .~.. CO: ct: o,.,-,o~oo ~ oo,, 0 ,~"" 0 CO 0 0 I".- (~ 0 ~0 0 '~" 0 0") e'~'i: OO O4 ~ · 0 0 0 if') O0 .l~-.: {.~ . . n ~_ '~o ~:... ~ '~ ,~ o:: 0 0 0 0 o__ ~ :::::~,,, ~ 0 · ~-- .~'- '~- '~-- qD 0 O O0000OC) C> O O (2> (C> 0 C) ITEM NO. 10g MEETING DATE: October 18, 2000 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF ANIMAL CONTROL AGREEMENT WITH MENDOCINO COUNTY Attached for the City Council's consideration is a revised Animal Shelter Agreement with Mendocino County. County staff requested various changes to the version of this Agreement previously approved by the City Council. The principal changes are as follows: 1. Provides that the legal description of the animal shelter property will include a reservation of an access easement for the property currently leased by the Mendocino County Solid Waste Management Authority ("IvlSWMA'~ for the storage of household hazardous waste. (Para. 1.) 2. Makes clear that for the five years during which the City receives animal shelter services without charge, the County will also license City animals at no additional charge to the City, and makes clear that the County will keep all fees collected from pet owners for the issuance of animal licenses. (Para. 3.) 3. Adds a provision that escrow for the sale of the animal shelter property to the County will not close until the County posts public notice of its intent to purchase the property pursuant to Government Code Section 25350. (Para. 5.a.) 4. Starting with Fiscal Year 2001-2002 and ending at a date to be negotiated, obligates the City to pay to County the City's proportional share of construction and financing costs of the new animal shelter facility that the County plans to construct on the animal shelter property. These costs shall be computed based upon a formula to be established by subsequent written agreement, which shall be negotiated in good faith and concluded by .lune 30, 2001. (Para. 7.c.) City staff intended to negotiate a (Con't. on Page 2) RECOMMENDED ACTION: By motion approve Agreement, and authorize the Mayor to sign Agreement on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject the Agreement, propose revisions, or direct staff to negotiate different or additional terms. Citizens Advised: Mendocino County Requested by: Candace Horsley, City Manager Prepared by: David .1. Rapport, City Attorney Coordinated with: Candace Horsley, City Manager Attachment: Original and revised Mendocino County Animal Shelter Agreements Approved: ~ -~~.-~.,/~, Candace Horsley~ Cit~ Manager participation in the cost of constructing the new facility, but the addition of this language makes the obligation explicit. 5. Requires the County to report to the City the amount it would have paid for animal shelter services each year, during the period of no-cost animal shelter services, using the cost formula in an Exhibit B to be attached to the Agreement. (Para. 7.d.) The previous Agreement did not require these ongoing reports. This will provide the City with an accurate measure of the value of the Agreement to the City. 6. The terms under which the County is offered a 10-year option to purchase the property currently leased to MSWlVlA (the "Leased Premises'~ have been revised as follows: a. The City will not sell the Leased Premises during the 10-year period commencing when the County takes title to the animal shelter property. (Para. 8. a.) Previously, the County had a right to purchase the property for its appraised fair market value for a 10 year period, but it was required to exercise or loose that right, if someone else offered to purchase the property from the City during that time period. be During the 10-year period, the City cannot extend the term of MSWlVlA's lease without the County's prior written approval. The term was recently renewed for an additional five years. When that term expires, the County's approval will be required for any extension of the lease term. (Id.) C. During the current term of the MSWMA lease, the City cannot authorize any change in MSWMA's allowed uses of the Leased Premises that would unreasonably interfere with the County's use of the animal shelter. (Para. 8.b.) d. if the MSWMA lease terminates, the City cannot lease the Leased premises to anyone else for a longer term than month-to-month, and it cannot lease it for a use that would unreasonably interfere with County's right to acquire and occupy the Leased Property. (Para. 8.a.) e. If the County elects to purchase the Leased Premises, it will pay a price based on a mutually agreed appraisal. The property will be appraised based on its value on the date the County provides notice of its intent to purchase the property. These provisions were in the previous version of the Agreement. 7. The revised Agreement provides that in addition to the purchase price the County shall pay any other costs customarily paid by buyer in the conveyance of real property. Also, the County must pay the purchase price for the Leased Premises to the City within 90 days alter the parties approve the appraisal. (Para. 8.e.) The revised Agreement changes some of the original terms, but does not change the value of the Agreement to the City or add significant burdens to the City. It provides some additional protection for both parties by clarifying the County and City obligations once the County takes title to the animal shelter property. Staff understands that approval of the Agreement will be on the Board of Supervisors agenda for October 17. Staff will report to the City Council on October 18, whether the County has approved the revised Agreement as drafted. AGREEMENT FOR PURCHASE AND SALE OF ANIMAL SHELTER REAL PROPERTY AND FOR ANIMAL SHELTER SERVICES This Agreement is entered by and between the City of Ukiah ("CITY") and the County of Mendocino ("COUNTY") on 2000, in Ukiah, California. 1. Sale of Premises: CITY agrees to sell and COUNTY agrees to buy that certain improved real property located in the City of Ukiah, Mendocino County, California, being a portion of the property commonly known as 298 Plant Road, Mendocino County Assessor's Parcel Number 184- 100-03 and as more fully described in the attached Exhibit A which is incorporated herein by reference ("the Premises"), said description to include the reservation of an easement in the Premises for access to the Leased Property described in Section 8 of this Agreement. The Premises consist of an irregularly shaped parcel approximately 32,880 square feet, and improvements including a building currently used as an animal shelter. Prior to close of escrow CITY shall provide COUNTY with a legal description bearing the stamp of a registered civil engineer and a certificate of compliance with the subdivision map act. 2. Purchase Price: CITY agrees to accept from COUNTY One Dollar ($1.00) and five (5) years of animal shelter services without charge, commencing in fiscal year 2000-2001 through fiscal year 2005- 2006 ("Purchase Price") as full and complete payment for the Premises. "Animal shelter services" means acceptance, care, processing and disposition of all Ukiah animals, whether alive or dead, at COUNTY's Animal Shelter. "Ukiah animal" means an animal licensed to a resident of Ukiah or an unlicensed domestic animal or wildlife not otherwise known to reside in the unincorporated area that was picked up within the Ukiah city limits and delivered to the shelter. 3. Animal Licensing: COUNTY agrees to sell animal licenses to Ukiah city residents, at no extra charge to CITY, through Fiscal Year 2005-2006; provided that COUNTY retains all licensing fees. COUNTY shall provide CITY with an annual report of the costs and revenues of issuing animal control licenses to CITY residents. 4. Condition of Title: Title to the Premises shall be free and clear of all liens, except for easements and encumbrances approved by COUNTY. 5. Escrow: COUNTY shall open escrow with a title company of its choice within five (5) days from the effective date of this Agreement. The parties shall deliver escrow instructions to the escrow agent within 14 days from the effective date of this Agreement, which shall include the following: a. Closing date: Escrow must close on or before , 2000. Escrow shall not close, nor shall purchase be deemed to be consummated, until COUNTY has fulfilled its obligation to post public notice of its intent to purchase the property pursuant to Government Code Section 25350. b. Preliminary title report and title insurance: COUNTY to have 14 days from the opening of escrow to obtain and approve a preliminary title report. If COUNTY disapproves the report, it must provide written notice of such disapproval to CITY. COUNTY shall have no further obligations under this Agreement and shall be entitled to the return of any money or documents deposited with the escrow agent, if it gives CITY timely written notice that it disapproves of title as set forth in a preliminary title report. If COUNTY fails to provide such timely written notice, it shall be deemed to have waived all objections to title. c. Conditions of Premises: The parties acknowledge that COUNTY has had sole possession of the Premises under a lease from CITY for almost thirty years. COUNTY constructed and has maintained the Animal Shelter facility. (1) Premises sold ~AS IS": CITY makes no representation or warranty concerning the condition of the Premises and COUNTY agrees to accept the Premises in its "AS IS" condition. COUNTY hereby acknowledges that it has not relied upon any representation, statement or warranty concerning the condition of the Premises by CITY or any of its officers, agents or employees in deciding to purchase the Premises. (2) COUNTY to indemnify CITY: COUNTY agrees to waive and release CITY from any and all liability, cost or obligation arising from any defect in or condition of the Premises, including, but not limited to, conditions involving the presence of hazardous or toxic substances on the Premises. In addition, COUNTY agrees to fully indemnify and defend CITY from and against any such cost, obligation or liability, including all costs incurred by CITY in defending against any such claim, liability, cost or obligation, such as, but not limited to, attorneys' fees, fees of experts and investigators, and litigation expenses. (3) Flood Hazard Area Disclosure: The Property is not located within a Federal Emergency Management Agency (FEMA) "Special Flood Hazard Area". (4) Geologic Hazard Zone: The Property is not located within a Special Studies Zone as designated under Public Resources Code §§ 2021-2625. d. Closing costs: COUNTY shall pay all costs of said conveyance. Real property taxes, assessments and insurance premiums, if any, shall be prorated between the parties from the date the deed is recorded in the official records of Mendocino County. Ail prorations shall be made on the basis of a 365-day year or 30-day month as applicable. e. Payment of purchase price: County shall deposit One Dollar ($1.00) in escrow prior to close of escrow. The provisions of this Agreement obligating COUNTY to provide animal shelter services to CITY without charge for five (5) years shall continue in full force and effect after close of escrow. 6. Right of Possession: Upon close of escrow, the existing lease for the Premises between CITY and COUNTY shall terminate and COUNTY's right of possession shall continue based on its ownership of fee title to the Premises. 7. COUNTY Charges for Animal Shelter Services: Upon close of escrow and until the end of fiscal year 2005-2006, COUNTY shall have the obligation to provide animal shelter services to CITY. a. Use of property: COUNTY shall use the Premises as an animal shelter and for related purposes. b. Construction of new facilities: In planning for the construction of an improved animal shelter facility, COUNTY shall consult with CITY and provide CITY with a reasonable opportunity to review and comment upon all aspects of the financing, design, construction of and cost sharing for said facilities. c. Facility construction and financing cost sharing: For the period commencing with Fiscal Year 2001-2002 and ending at a date to be negotiated, CITY shall pay to COUNTY CITY's proportional share of construction and financing costs of the animal shelter facility. Said costs shall be computed based upon a formula to be established by subsequent written agreement, which shall be negotiated in good faith and concluded by June 30, 2001. d. Reports on animal shelter operational costs and revenues: COUNTY shall submit annual reports to CITY setting forth the costs and revenues attributable to CITY for the animal shelter services for the previous 12-month period provided by COUNTY to CITY through Fiscal Year 2005-2006. In computing those costs and revenues, COUNTY shall use the formula set forth in the attached Exhibit B, -- which is incorporated into this Agreement by this reference. The actual costs set forth in Exhibit B are subject to change on an -- annual basis. The formula may be revised from time to time, if approved in writing by both parties. e. Operational charges to CITY commencing Fiscal Year 2006-2007: Beginning in Fiscal Year 2006-2007 the CITY and COUNTY may agree that the COUNTY shall provide animal shelter services to CITY. For Fiscal Year 2006-2007 and for every year thereafter in which the CITY receives animal shelter services from COUNTY, CITY shall pay COUNTY for the costs attributable to CITY for animal shelter services. Payment shall be annually, in arrears, with charges for service based upon the formula set forth in Exhibit B. The actual costs set forth in Exhibit B are subject to change on an annual basis. The formula may be revised from time to time, if approved in writing by both parties. 8. COUNTY Right to Purchase Property Leased to MSWMA: COUNTY shall have the exclusive right to purchase the land and improvements thereon adjacent to the Premises which is currently leased to the Mendocino County Solid Waste Management Authority ("MSWMA") by CITY (hereinafter "the Leased Property"), subject to the following terms and conditions: a. CITY shall not sell or agree to sell the Leased Property to third parties for ten (10) years from the close of escrow for the purchase of the Premises ("Premises Title Date"). The word "sell" shall include any transfer, conveyance, assignment, or pledge of all or any portion of the Leased Property. CITY shall take no action with respect to the current lease of the Leased Property between CITY and MSWMA (Lease dated October 15, 1995, as amended March 14, 2000) which would extend the existing lease term of said lease or which would delay or increase the cost to COUNTY of acquiring and/or taking possession of the Leased Premises, unless first consented to by COUNTY in writing. CITY, furthermore, agrees not to lease the Leased Property to any third-party lessee, other than for the existing lease between CITY and MSWMA, for a term exceeding a month-to-month rental and subject to the requirement that the third-party lessee not be allowed to unreasonably interfere with COUNTY's right to acquire and occupy the Leased Property. b. Neither any lessee nor CITY shall make any additional improvements to the Leased Property without the prior written consent of COUNTY. CITY shall not approve any change in the use of the Leased Property by MSWMA if the proposed change in use unreasonably interferes with COUNTY's use of the animal shelter. c. COUNTY may exercise the right under this paragraph 8 at any time after the Premises Title Date by providing written notice to CITY of its intent to purchase the Leased Property (the "Exercise Date). However, in no event shall COUNTY's actual purchase of Leased Property occur before a date which is five (5) years from the Premises Title Date. Further~ to provide MSWMA adequate time to relocate its facilities currently located on the Leased Property, COUNTY shall not have a right to possession of the Leased Property for a period of three (3) years after it provides written notice to CITY of its intent to purchase the Leased Property, or five years from the Premises Title Date, whichever is later. The exclusive right to purchase the Leased Property under this paragraph 8 shall expire ten (10) years after the Premises Title Date. d. If COUNTY elects to purchase the Leased Property under this paragraph 8, the price for the Leased Property shall be based on an appraisal of the fair market value of the property on the Exercise Date as determined by an appraisal performed by an appraiser approved by both CITY and COUNTY. The appraiser shall prepare a report for submission to both parties which sets forth the appraised value of the property and the method and data used by the appraiser to determine that value. The parties shall each pay one-half the cost of the appraisal. In addition to the purchase price, COUNTY shall pay any other costs customarily paid by buyer (COUNTY) in the conveyance of real property. e. The sale shall be subject to the same conditions as are set forth in Sections 4 and 5.b-d of this Agreement. County shall pay the purchase price to the City not later than 90 days after the parties have approved the appraisal. 9. Force Majeure: The time for performing any condition under this Agreement shall be extended, and the obligations of CITY or COUNTY suspended, by the number of days during which the performance of that condition is prevented due to fire, flood, unusual weather events, strikes, labor disputes, shortages, utility curtailments, power failures, explosions, civil disturbances, the time required to satisfy government regulatory requirements beyond the minimum periods permitted by law, acts of God, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties or any other reason beyond the reasonable control of CITY or COUNTY. 10. Notice: Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, telefaxed or deposited into the United States mail with proper first-class postage affixed thereto and addressed as follows: CITY: COUNTY: City of Ukiah c/o Candace Horsley, City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 FAX: 463-6204 County of Mendocino c/o Kristi Furman, Clerk of the Board County Administration Center 501 Low Gap Road Ukiah, CA 95482 FAX: 463-4245 Service by telefax shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted. Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph. 11. Counterparts: This Agreement may be executed in counterparts. 12. Partial Invalidity: If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 13. Waivers: No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision contained herein. No extension of time for performance of any obligation or act will be deemed an extension of time for performance of any other obligation or act except those of the waiving party, which will be extended by a period of time equal to the period of the delay. 14. Successors and Assigns: This Agreement is binding upon and inures to the benefit of the permitted successors and assigns of the parties hereto. 15. Professional Fees: If any party to this Agreement prevails in any action or proceeding to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the opposing party or parties its costs of suit, including the reasonable fees of attorneys, investigators, expert witnesses or consultants necessarily incurred by the prevailing party in prosecuting or defending the action or proceeding. 16. Entire Agreement: This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed by the party to be charged. 17. Time of Essence: CITY and COUNTY hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision hereof. 18. Construction: This Agreement has been prepared by CITY and its professional advisors and reviewed by COUNTY and its professional advisors. CITY and COUNTY and their respective advisors believe that this Agreement is the product of all of their efforts, that it expresses their agreement and that it should not be interpreted in favor of or against either COUNTY or CITY. The parties further agree that this Agreement will be construed to effectuate the normal and reasonable expectations of a sophisticated CITY and COUNTY. 19. Governing Law: The parties hereto expressly agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. The parties mutually consent to jurisdiction and venue in the courts of Mendocino County and waive any objections to the jurisdiction or venue of such courts. 20. 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 Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. CITY OF UKIAH COUNTY OF MENDOCINO By: Jim Mastin, Mayor Chairman, Board of Supervisors ATTEST: Marie Ulvila, City Clerk ATTEST: Kristi Furman, Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: David J. Rapport, City Attorney H. Peter Klein, County Counsel