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Home My WebLink About1999-04-07 PacketPROCLAMATION WItEREAS, Mentored youth earn higher grades, sMp fewer classes attd fewer days of school, and feel more competent to do their school work; and WHEREAS, Mentored youth are 46percent less likely to initiate drug use during the period th at Mentoring is occurring; and WItEREAS, given the effectiveness of mentoring in helping young people, the State ,ea of California set a goal of recruiting, training, and placing 250,000 mentors by they r 2000; and · ' ' NOW, TItEREFORE, I, Jim Mas'tin, Mayor of the City of UMah, on behalf of my fellow City Councihnembers, Kristy Kelly, PhtTiip Ashiku, Phil Baldwb~, and Kathy Libby, do hereby proclaim April I 1-I 7, 1999 as UKIA H MENTOR WEEK to htcrease public awareness of the need for mentors and the benefits of mentorhtg to both youth and adult participants and call on the citizens and businesses of Ukiah to support attd encourage mentorhtg activities through gifts of time and resources. i Ji~~astin, Mayor · ~ WIIEREA~¥, a voluntary act is done by choice, arising from one's own free will actbtg on one's initiative; acting or serving in a speci.17ed capacity willingly attd without constraint or guarantee of reward; acting or performed without ~rternal persuasion or c°mpulsi°nwithoutlegalconsideration, pay,nent, orvaluableconsideration;and WIIERFMS, a VOLUNTEER is a person who performs such acts or gives services of his or her own free will; and WIIEREA$, April 18-24, 1999 is "National VOLUNTEER Week"; and WItEREAS, North Coast Opportunities, the Mendocino County Community Foundation, the Ukiah Comnmnity Center, and alunmi of Leadership Mendocino have johted together to recognize the exentplary VOLUNTEER efforts made by the citizens of ~lendocino County on behalf of the County of Mendocino and the City of Ukiah; and WItEREA$, this recognition is now known as the "MCOVY" Awards for the Mendocino County Outstanding VOLUNTEER of the Year; and WtlEREA$, this recognition shall be offered to all VOLUNTEERS itt Mendocino County for outstanding service as individuals, as a group, for youth and for adults. NOW, TItEREFORE, I, Jim Mastin, Mayor of the City of UMah, on behalf of my fellow City Councilmembers Kr~ty Kelly, Phillip Ashiku, Phil Baldwin, attd Kathy Libby, do hereby proclaim Apri118-24, 1999, as UKIAH VOLUNTEERS WEEK attd call upon the citizens of Uklah to recognize those among us who voluntarily give of their tbne, creativity, energy, intelligence, attd compassion to make our community a special place to liv~ Jim Mastbt, 3Iayor 3b WltERE/IS, women, children, and men of aH racial, cultural, and economic baclcground, suffer multiple types of sexual violence including acquaintance, stranger, ~ gang, date, or serial rape, assault by an intimate partner, incest, stall~h~g, ritual abuse, harassement, molestation, prostitution, and pornography; and H/ItEREAS, emotional and physical scars resulting from this violence are often severe and long-la~vting to the victims, affecting one in sL~c womo~ and one bt 33 men ~ within tile United States of Amerlca; and I~HEREAS, all residents of UMah have tile right to be safe from sexual violence itl their homes, at school, at world, in their neighborhoods, and through out our public ~f~ areas; and ~ItEREAS, Project Sanctuary is committed to ending sexual violence in our communiO,, having provided essential crisis intervention and prevention services to more than 200 women attd children in 1997; and ~ IVItEREAS, the community should support assault survivors with dignity, compassion, and respect; attd MtEREAS, it is crucially finportant to hold the perpetrators responsible for sexual attacl~s, and to prevent sexual violence at every opportunity; attd ~ WIIEREA,¥, tile State of California recognizes April as Sexual Assault Awareness lllonth. NO~, TItEREFORE, I, Jim Mastbt, Mayor of the City of UMah, on behalf of my ~ fellow CYty Councilmentbers Kristy Kelly, Phillip Ashil~u, Phil Baldwin, and Kathy Libby, do hereby proclahn April 1999, as and reaffirm the City of UMah 's commitment to addressing the issues of sexual assault ~ by remembering tile victims, supporthlg tile survivors, hoiding perpetrators responsible for ~ their actions, and challenging societal myths and behaviors that perpetuate such violence in our cotmnunity. Jim Mastin, Mayor "i ITEM NO. 3d DATE: April 7. 1999 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY SUN HOUSE GUILD REGARDING ADDITION OF NEW GRACE HUDSON MUSEUM WING The Sun House Guild has been meeting with staff over the past few months to discuss the possibility of building an approximately 4,000 square foot addition to the north side of the Grace Hudson Museum which will be funded entirely through fundraising by the Guild. The primary purpose of the proposed new wing is to provide additional gallery space to permanently display the Museum's growing collection of Grace Hudson paintings. The addition will also include increased conference, work, and office space. The Museum has acquired a substantial collection of works by Grace Hudson, however, due to current space limitations we are able to display only a small percentage of the collection at any one time. Many visitors have expressed disappointment at visiting the museum and being unable to view Ms. Hudson's art. The proposed expansion will offer an opportunity for enhanced access for local and out-of-area visitors to become familiar with the work of our community's most famous artist and participate in increased visitation downtown. Staff has been very pleased to have been a part of the discussions to date and wish to express our appreciation to the Guild for their recognition of the City's funding limitations. During our early discussions the Guild recognized the need to provide regular funding to assist with the increased cost for operations which the expansion will create: As a result the Guild has included adequate funds in their fund raising goals to provide an annual contribution towards operations and maintenance costs. · In order to familiarize the Council with the specific goals of the Guild, as well as current activities, Guild representatives have requested an opportunity to address the Council. They will present conceptual elevations of the project and discuss fund raising efforts which will cover only construction but assist ongoing operations and maintenance as well. RECOMMENDED ACTION' N/A ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Sun House Guild Requested by: Sun House Guild Prepared by' . Larry W. DeKnoblough, Community Services Director Coordinated with' Candace Horsley, City Manager Sherrie ~eum Director _ Candace Horsley, City ~anager LD2 Guilld.a~r MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, March 17, 1999 The Ukiah City Council met at a Regular Meeting on March 17, 1999, 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 Council- members were present: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Community Se~!~s Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad~i~ii~isk M~ager/Budget Officer Harris, City Manager Horsley, Public Works ..D. irector.:,.!~~', City Attorney Rapport, Planning Director Sawyer, Deputy Public W....:~..s. Dir~iii~:..or, Police Chi .e.f Williams, and City Clerk Ulvila. Councilmember Ashiku led the Pledge of Allegi~!!?.?.!?!~:!!!!!.!!~.i~.; 3a. PRESENTATION: City of Ukiah Employee~ili~~i!i~..a...r. 1998-99 Award City Manager Horsley announced that Dave Dewey have been selected by their fellow employees to receive the Year Awards. ..::?.::?~iiiiiiiiiiii!i iiiiii}i!iiiiiiiiiiiiiiiii iiiiiiiii?~iiii::~ ..... ":.i~iiiiii!!i!ii}ii!iii~ili~::~ .... Employees of ....... · :.' :-','-:-:.'.:-'..'.:.'.'.:-:.'-:,~-:,'-.,t.,.'.:.:." She introduced Dave Burnham, Seni~ilE~quipm~ M~~!~ii~!~::~..the Garage, who has been with the City of Ukiah since Septem~i~ 4, 19~.?~' ..... He ~iii~l::~cted as an Employee of the Year based upon his dedicati~ii::i!i~hd .............. .............. hi~ili~ii~:~xpertisDi:i:iin maintaining the Public Works equipment and taking a pro-act.i~i!~'proa~ii~0 his jo~?::He is a very reliable employee who dedicates himself to continuou~!~::providi~iii~quipme"~:t in good working condition. He has ... ,;:;:;::!::.... .-:-:-. ,.:,:,:..,: ..;.:::::..::!::::::. a knack for..:~ipding and fi~ii~ ~blems~~ei::a!i§i~eakdown occurs and is well respected ...-.-...-.-.-.. ..::::!::::: .....:::,...::::: :::: :i: ::: :i:i:i:::i: :i: :::::::::::::::::::::::: for his ~!i~ge an..~~!i....se. It i~iiii~e~lt!iii~'bwn that Dave played a huge role in the '"'::i:i:i:i:i:!:i:i:~::::'" transiti~ii~~ii~.the ~i~iii~~: Durin~ that time Dave was literally a one-man repair ......................... and mairi~~iii?~ii~:hop f6~iliiii~!!ii!?i~!:=!c Works equipment. Willing to work any hours necessary, D:a~iii~~ surb:~::~!.i.~iliCity's essential equipment is ready when needed. ...........,...........,.....,.......,.......,.........,... . ............. ................................ · '-'-'-'-'-'-'-"'"-""'"-'-""'"-'"-'-"'-'-'-'-"'"-'-"'- ":'i'!'!'i'i'i'i'i':' ...,.........,.....,.,.,......,.,,.,..,......,.........,.....,.....,...,.. . ........ ~~~~:~:~~~~~:~:~:~:~:~~~:~:~:~:~:`~~:~~~:~~~:~~`~~:.:-:~:~:~:~~~:~:~:~~~~.~~~~~~;~~ ':'i'i'i'i':" ~~~~~~~~~~~~~~~~~~~~~~~~~~.~`~.~~~.~~~~~~~~~.~~~~~~~~~~~~~~~~~~-~~~~~~~~.~~~~~~~~~~~~`. , .... City MaD~:i;"Ho~l~.i!~~..:.c~d ...... 'Sergeant Chris Dewey of the Ukiah Police Department. Chris.,:~wey was n~iii~t~ii~for ...................... Employee of the Year for his dedication, leadership abiljfi~:~, and the posi{i~iiiii~act he has had throughout the City. Chris was hired as a · ':':':':':':" ....... :::::!::::: "!:::i:" PD!ii~e................. Officer on Oc~bei~ 1, 1990, and promoted to his current rank of Sergeant on ~mber 19, 1 .:.:,:.:.:.:.:.:.:.:.:.:.:. ,.:.;.:.:.:.. .................... .;,:.:.:,:,:.:.:.:,:.:.;,:,:.; ,....,........ · .-.-.-,-,-.........-.,.-,-,,..... .-:.;.'-'-'-'-' ........,..................-..... . ...... ~i~i~iiii~:~i::~::::..P..~!iii~ar, Chris was called on to manage the installation of the new public ~~ii?~i~~::'center and department records management system. To help out with ...,....................,.......,.......,.., ..............,.,... fu~ii~iiiiiiG~'i~is received state and federal grants for the project. The renovation of the dispatch center and change to a new computer system was, and is, a major project which has consumed most of Chris' time. The tremendous benefits of this system will be enjoyed by the entire Police Department and the citizens for many years to come. In addition to this project, Chris has continued his excellence in supervising the public safety dispatchers, SWAT, department scheduling for patrol and dispatch, firearms, and driving March 17, 1999 Page 1 of 19 instructor and other activities. Additionally, Chris was praised by other City Departments across the board for his dedication, willingness to work together, and his professionalism. He continually demonstrates the highest level of enthusiasm, willingness to accept responsibility and sees things through to completion. City Manager Horsley advised that photos of Dave Burnham and Chris Dewey, along with their plaques of recognition, have been placed in the foyer. The Mayor and City Councilmembers congratulated each employee with.::~iiihandshake. 3b. PROCLAMATION: Ukiah Mentor Week ..~i~ ...... a====================== ====================== Mayor Mastin announced that this item was placed::~ii!~e g~!i::il~iiierror and will be rescheduled for the April 7, 1999 City Council meeti~i? 4a. APPROVAL/CORRECTION OF MINUTE~ - ~ular M$$ting Councilmember Libby referred to the motion on p~ii~i~i~::"requested th'~ii~~:"clarify that Council approved an addition of $833 to the Plah~i~iiii~.mission training budget for the remaining of this Fiscal Year. During the Fisca.~i::::~i~ii~ii~9..9/2000 budget sessions, Council will consider increasing the Planning Co ss .............................................. budget. MIS LibbylAshiku to approve the minutes of.:::ii~ii?i~lar Me~ii~!ii~i~March 3, 1999, with .:::::**:.~ i:i~ '*'*i"":i'*"*' *":i!!'*""?::::~'*?*'::i:::::*' · "::i:i::::'~ · correction to the Motion on page 4 to rea~ii:i-';'~~i~i~Baldwl, r~-!,~Pprowng an additional $833 to the Planning Commission bud.~::for th~iii~ii~ii~iiiii~ii~:is Fiscal Year for training purposes.", carried by the following r~!i!?call......., v0.~!::"AYE~iiii~DPi'cilmembers....... Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin.::~iiii~?~iOES: ~he. ABSTAIN: None. ABSENT: None. .......,.....,.......,.... ..:.:,:.:.:~ :::::::::' ............. :::::: ......... ::::::::::: ............... ::::::::::. .....,........ ............ 4b. APPROVAL/CORRECTION OF MINUTE~ .-...:,~ecial Meeting of March 10, 1999 MIS AshikH:!Kelly to a .p.....~~!i!~'he min~:i:~iii~::!~pecial Meeting of March 10, 1999 as presente..:~iiiiii~[..ded by..:~iii!~!!~ing rolFi~i-iiii~: AYES: Councilmembers Libby, Ashiku, ======================================================= · ========================== ..:,:.:.:.:.:.:.:.:.:.:.:.:.:.-.-.-.....-.-.-.,. ....... :'"' ~:i ':: '"":'"!'":'"":'"i:: ..... ::!:~:~:~:i ":' ': .' :~-. Kelly, a~::i~i::~ast~n.-.::~:.~~?:~one. ABSTAIN: Councilmember Baldwin. ABSENT: 5. RIGHT TOii~~A~i!iD.ECISi~ ..................................... ":::F Mayor .~tin revi~.!.~ii!~:ppeal process. 6. ~ONSENT CALEN,'::!p'~~ ................... Ite'7.:.i:.~i~''' It ~ noted that rn~a, disbursements, are for the month of "February 1999". .:.:.:.:.:.:.:.:.:.: ..:.:.:.:.:, · :.:.:.:.:.:.:.:.:.:.:. ..:.:.:.:.:. .-.-,-.....-.v .-.-.-... .:.:.:.:.:,: ~i~.ii!~SHIKU/Ke.!Ji~i~S approve Items a-g of the Consent Calendar as follows: ~ii~i~ii?~~i::~i~Ursements For The Month of February 1999; ~iiiiiiiiiii~~i!~i~ims for Damages Received From Carrie Redding and Alice Woodard, and .... R~f:~l to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Accepted Notification to Council Regarding the Purchase of a Chlorinator From Hopkins Technical Products for the Sum of $7,802.29; d. Approved Budget Amendment for Additional Planning Commission Training. The motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, March 17, 1999 Page 2 of 19 Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEM:~ Judy Pruden, 304 South Hortense, advised that on February 1, 1999, she prepared a technical assistance grant to the National Trust of Historical Preservation for the new S.P.A.C.E. building. Today they received notification that the grant has been approved. The funds will go toward paying an architect to prepare a Master Plan and rehabilitation of the S.P.A.C.E. structure, formerly occupied by St. Mary's Church. .... iii::::~ .... ........ ........ ........ ........ 8. UNFINISHED BUSINESS .-.-.*.-.-.-. ..:.:.:.:.:.:.. .:::::::::::::::::.. ............. a. Discussion and Possible Action Regarding Landfi!.!. Hours.~~ions Available to the New Service Area Haulers (Solid Wast.e,:~!!!!~[~..Willi~!!![~!~!~::~nd Fort Bracj~ Public Works Director Kennedy advised that r~ests Wastes of Willits, Inc. and Fort Bragg Disposal fori~ifi~..t.:.!~hs to the ~i~iii?i~§ are submitted for Council's consideration. The requ~i~ili~idifications wodi~i~i~it their waste hauling vehicles access to the Landfill at the §~!ii~.0..ing hours currently offered to the franchised waste haulers who serve the ol~i::i~6:~!~iii~:: The franchised waste haulers who serve the Landfill's new service area a~::"proh'~iiii~:.into the Landfill until 8:00 a.m., Tuesday through Friday, and on .d..py~?:ii:f:..9!lowing~:~~ii~!idays on which the Landfill is closed. Franchised waste hauler...S..:ili~iii~p::..the La~i!i~::~::'01d service area are permitted access into the Landfill begin.~::~ii~::~:~!~i!i~ii~i~ii~.:.'!'ue~ through Friday and at 6:00 a.m. on days following those ~fidays ..... ~.~'i'~ii?~iii?~e~ed at the Landfill. On Mondays, the Landfill is opened t~iiiii~'0mme:...r.:i~l w~:~iiiii~'ers beginning at 8:00 a.m. without restrictions on any service:~i~ea. ..~ii? .... He reviewed the Environme.:~al Impa:~!i~i~?~...:Repo~?:::ii(EIR) prepared for the Solid Waste ....... :::::::::::::::::::::::::: . ..:~:::::::::::::-' Facilities .P,.:~.rmit, noting.::.~:!i!~e City ~~!~**mnmental Science Associates (ESA)to reanalyzp?~ii::~..:n, oise i~~iii~sulting f:'**~i~iii~'ange in truck mix, as well as a 7:00 a.m. gate o~i~iii~i!i~e n(~ii~i~iii~..r, ea cC~:~:ercial waste haulers. On October 8, 1998, a Supplem~.t...:~!?~?~ii~ii~.:r..onme~..t.~!i~!iiii!~t Report (SEIR) addressing changes in the daily maximum w~:~iiiii!~~::.wast'~ii~ii~s, ................... Landfill hours, and an alternative access road to the Landfi.!:!~i~~9:t.ed t0::~i~i!~ity Council for consideration. The SEIR concluded that ther.~.::~':':i~'~::::§i~i~?:::~?vir~'nmental effects anticipated as a result of the proposed Perm i.~i!i~d ifi cat i o n s."~?~iiiii~i~iiiiiii~i~i!iiiii!iii!iii~i!i~ili!?~ii~:' ...................... :::::::::::::::::::::: ..:::::::::::' ::::::::::::::::::::::::::::::::::: -':::::::::::' ,i!iiiiiii? "::ii!!iiii!::' Be~idse it was belie~&d:::that the change in the permitted morning hours for the new ~~ercial waste ha.:~[&rs ...... was not a contentious issue, the representatives for the waste ~!~.r..s were not eD~:Uraged to attend the public hearing set for the adoption of the SEIR. ~!~~::.:.!....h.......e:.:.:.~i~i~iiCouncil approved the SEIR and adopted the necessary findings, they ~~ii~ii~iiii~nge the morning hours available to the commercial waste haulers serving th'&iii~ii~&~ice area. He reported that noise levels are regulated in the project area through implementation of the Noise Element of the Mendocino County General Plan. He advised that for residential land uses, the normally acceptable noise level is in the range of 50 to 60 Ldn, and the conditionally acceptable range is 55 to 70 Ldn. For lodging such as Vichy Springs Resort, March 17, 1999 Page 3 of 19 the normally acceptable noise level is up to 65 Ldn and the conditionally acceptable range is 60 to 70 Ldn. Noise measurements were taken of the operations at the Landfill to determine the noise effects of Landfill equipment on a peak day following a holiday. Findings were made in the EIR, based on future traffic noise levels, that residents not would be exposed to over 60 dBA in the project area. He advised that since 1993 the Landfill hours available to the commercial waste haulers for early morning disposal have been modified and reduced in consideration of the neighbors to the landfill. The recent removal of the ~tle guard in front of the landfill entrance by City staff has further mitigated a continual.:~i:~e nuisance created by Landfill traffic. ..?~i~i?~i~i~?~i~?~i~ii?~ii:~ii::::~?:::iii? .... .;iii. ............,.,.........,,.......... ...... ================================================ He discussed the current rates at the landfill for the o.'i~ii~'rvice:.:.:.:.:.;.:...a;.'i~ii:~!~., noting th:~i~: because others have decided to participate in th~iiiii~ndfill, residents a lower rate. He expressed his appre~j.on to..$~!i~i'd Was{~i!i~i~!~?i=ort aragg disposal, and to the County of Mendocin~iii~iiii~!~::~ontinued p~~:~':at the landfill. Their use of the City's landfill has assist~iiii~iiii~y..' in meeting its"'~i;esent and future financial commitments relating to the landfill ..~~i~!!!i~Pd its eventual closure. "::i~:'; ====================================================== Judy Pruden, 304 Hortense, read a letter from .~i~Y Sprin'~iii~~::;=~wners, Gilbert and Uarjorie Ashoff, which requested the City..~.~iii~i~iii~phold t~i~iii~i~inal decision not to expand the hours of operation at the Lan~l~i~!::i;?=i::::~i!~i~c) addre~d the EIR noise study She is very supportive of Vichy S .p..:[i~S Res .o.::~:'.~S conc~':¥'~garding noise from the trucks, noting that it is very quiet at V...i~?~..Sprin.g...~i!::~Resort .~d that the resort is an asset to the community. It was her opinion.:~i~:t'..............., the h~!~rs ha~ii!~:~ot demonstrated any consideration for the Resort. She enc:~:...u.r~e the c!~!~.:.g.~i~i~ii:~i~ Landfill and start up of the transfer station. !:.:t.;::i~.. her opi.gi~i~::t., the Cit~ii~i!diii::lSe respectful of a business that aids and Jerry Ward:~i::!ii!~~iiii~::f.:..Solid?:i~~i!iiii~[:.Willits, Inc., advised that his company has been hauling refus.e....::~.t..:~?~iii~~ill ...................................... siri~i!i!~i~?:'i and that the hours for haulers to enter the landfill has bee.~iiiii~i~i~6~i~iiii?i!~:..,e. H~:' recommended allowing four additional trucks in the summ~ii~Onths (Ma~i~N~~r) and only two trucks in the winter months. Also, the after holid~::~dumping..........., is ve~i.~iii~l:"to his business because they collect garbage on holidays. H .e...:~i~bposed a comprO::~is'~::'0f allowing them to bring five (5) trucks to the landfill on those d~.~i, including eigh.:~ii.i!8) holidays per year and felt this is not a significant amount. He ~..that this prop:~l ....... would not apply to Fort Bragg Disposal because their transporters ~?~i~[.e..ntly g.o....i~ii~:~b ........... the Portrero Landfill or Redwood Landfill, out of county. Fort Bragg i~i~!~.!i~~::'With roll off trucks and that they be allowed two (2) trucks in summer and o'~ii~iiii~?:i~e winter months. He expressed their need to get an earlier start so that they can pick up boxes on a summer day. He discussed the time frame for closure of the landfill and the construction of a transfer station. He would like to see the transfer station opened quickly, however, in speaking with some members of the Willits City Council, it seems that their intention is to March 17, 1999 Page 4 of 19 work with the City of Ukiah and continue to bring Willits garbage to the Ukiah Landfill until November 2000 thereby assisting with the post closure costs for the Ukiah Landfill. However, if the early dumping hours continue to be a problem for his company, they may have the ability to build the transfer station a year earlier and discontinue dumping at the Ukiah Landfill a year earlier. This option would extend the life of the Ukiah Landfill because it would not have the additional tonnage coming into the landfill during the last year of operation, He would like to work out the problem with the City and the landfill neighbors and is willing to compromise to allow them to have a few more trucks enter the landfill at 7:00 a.m, in order to take in the needs of all concerned: the City o..~.:::i~illits, Vichy Springs Resort, and the customers served by Solid Waste of .Willits .~ Fort Bragg Disposal .............................................. .~iii,. ============================================== ........... .~i:i:!:i:i:i:!:i:i:i:i:i:i:i:i:i:i:i:!:i:i:: ..::i:i:i:!:!:i:i.. .::~:~:~:~:~:~:~:~:~:~:~:~.. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Sherry Robison, Fort Bragg Disposal, reiterated the:~i~:~'romis~ii~~~::by Mr. Wa~i!~: The only refuse they have going to the Landfill is~ili~bris 1997, all of their compacted refuse has been goin~iii~:..Red~a Landf~:ii~iii?i!!i~ii~i~ be very happy to have four roll-off trucks into the La~!:~!i!i..d.~ihg the summ~:~ii~~§. She noted that it is very busy during the summer and q i iiiii i g the winter m0'~'{'J~S for their operation. She felt that if the combined trucks fro .m.::.i::i.~iiii~i.i!~?ort Bragg were four (4( during the summer and two (2) during the winter:~i~6ntl~§!iii!:~iiii~!~::.:.:.?ot greatly impact the Vichy Springs Resort. They are willing to com.,.~i:?e with::~i~i~!i~ amount of trucks. ....................... ,,...-,,,...,..,..,.,,,......~,....,,....~,,..... .,:.:.:.:.:,:.:.:.:.:.:.:,:,:.:.:.: ........................... ,:,:,:,:,:,:.:,:,:,:,:,:.:,:.. · .,.,.,,......,...,.,,..,.,,..,.,.,,,.,.,,,.,.,.,.,.,.,.,.,, ,.:.:,;,:.:.:,:.;.:.:,. ,,:.:,:,:,:.:.:.:.:+:,:,:.:,:,:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:., Discussion followed concerning the me~F~~iiii~f..~::noise l~1 and the response to ==================================================== ,.:::::::: comments during the FIR process with..~rd to.~ii~i~g.::i~s for haulers to enter the landfill. Concern was expressed by:..~iiii~veral..::~'un(~ii~~:S ..... that the matter of hauler hours has been revisited by the..~i~ii~0n a .n.::i~ber of ~'~:~ions. .................. ..:.:.:,:.. · '""'"'""""" ...... ..::~:i:i:i:: ..::::::::. ,-,,..,-,.,,.,,.,,.-.... -.. :,:.:.:,:.:.. .:::::::::,- ,,,-,-.~.,,,,-,,,-,.,- ,,:.:.:,:,:.:. .,:,:,:,:,:. Public Works Director Kenq~ remi .n..~d Cou.~iiYthat the matter is agendized due to the reques.t::~:?f Solid Wa~::.~iiiiWillits ~::i!:~iiii~g Disposal, that the hauler hours be reconsid~ii~i.nce the...y::iii~i!~!i!~:attend t~iiii~i~l::i~ Hearing in October 1998 when Council certifiedii!ii~iiii~.pted'::'-t~?~i~!~i!!~ii~nd ......................... that:~:M~": Ward wanted the opportunity to make his request I~~iiiiiiiiii~i~..r to t~!i~~i~n of the Final EIR, and the arbitrary decision to have the haulers '~!~iii~?:i~!~.:.a. ndfilF~ili~ii~iii~i~:m, the haulers were not asked if the hours would impact their 0...p...:~~ii!~r wer'~ili~i~::~:onsulted when it was decided that there would be four (4) !:~~:i":':'i~iii~~iii::~~ ...... ..:.:.:.:.:.. ...... :::::::::::::::::::::::::::::::::::::::::::::::::::::: ...... :.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.: · ,:.:.:.:,:., .......................... Upo..~?[nquiry by Co~i!~h3ber.......... ............ Ashiku, Director Kennedy advised that there are ap~ximately 50 hom~:........., in'~the Vichy Springs Subdivision. He reported that at the time the L~i~fill began in 1.9...~, the subdivision was nonexistent. Vichy Springs Resort was ~ased...........................,.... in 1979.::~~ they have done a beautiful job of restoring the resort. He reported !~iii~:::...A..sh.0,~:~:"the applicant who subdivided the land that was later developed into ~ii~~ili~ii~iSion. A notice was delivered to each resident in the vicinity prior to this rfi~~~'nly three comments were received by Staff. He discussed data collected in 1997 regarding the amount of trucks entering the landfill as well as their tonnage. Sherry Robison advised that they have garbage at their site 24 hours per day because of the way in which they conduct their operation. Since there is no landfill in Fort Bragg, they transport everything out of the area. They have a pod system which is taken to March 17, 1999 Page 5 of 19 Redwood Landfill. She discussed Fort Bragg Disposal's operation and noted that it would benefit them to arrive at the Ukiah Landfill early in the morning so that debris boxes being delivered early to the landfill can return to Fort Bragg earlier and used again during the day. This would allow them to sell more boxes per day. She noted that they do not haul garbage to the Ukiah Landfill, however, they do haul debris from such things as demolition projects. Discussion followed concerning how the hours of operation have changed over the years. Also discussed was the amount of tonnage entering the landfill and it was n~d by Public Works Director Kennedy that Solid Waste of Willits is bringin.~iiiiiii~ th.:~i}iii~'me amount, whereas there has been a decrease for Fort aragg Disposal :::::::::::::::::::::::::::: =================================================== City Attorney Rapport advised that the Final EIR..~§'ists of .t.~ili.~!~!:~:::Draft EIR,..::~i~ comments that were submitted, as well as the Re~'nse to ~m~i~!~i~ii~.r...e ma...g~:~St have been any discussion during the hearing on theii~ regg~¥~g the topic also did not receive much discussion in the E!~ii?~i~e:ii~i:~cussed how'"l~iiii~:~ were included by the ESA's consultant during the R~!~~iiiiii~[..,.om Comments'i':':'"'~'nd it was automatically included into the Mitigation Monitorin..g:iii~?~i!iiiiiiii!~iii~.~t, during litigation of the case, there was discussion as to where the 8:00 aii::~, r~ig~i~iii~me from, and as they .......................... reviewed the EIR process, it was noted that the.r.e:.:was no "~J~J~:..impact and, in fact, · ================================= ================================================= the hours came from the consultant who in..,C...!~iiii~iiiiB:.the ..:.:.:.:-:,:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. MIS AshikulLibby to approve the mod~fi~ation.:~::!~!i~a..ti~al hours as proposed by ..::i:i:i::' ============================================================== Solid Waste of Willits, Inc. and Fort ~gg Dis...~Sal, ..... "t~.i.~i~') trucks in the summer, two (2) trucks in the winter, and five (.~i!?~ii!~cks o~i~i~'e holid~'§'~'""'combined for the two haulers. ...... ..:.;.:.: · ........................... ;.:.:.:.:.: ..... ............. .,:.:.:.:.:., ..... ;.;.:.:.:.;.:.:.:.:.:...... ..,.......,. ,:.:.:.:.: ............... ...... .-',:.:.;.' .-..........,......-.. ..::::;:;;::;: ...... Discussion followed concerqi~the mo..~i~~, ........... with..~h Councilmember giving their views of the hauler hours, noise?ifa~:r, and t~i!i~e:~.:f..'ffi~'e prior to closure of the Landfill. Motion::i~ii!~iiii~..the f~t!~~i!i~.ll .......................... call '~:t~:!' AYES: Councilmembers Libby and Ashiku. NOES: C'~i~?ers B:~i~i:i!:!!~l~!.y, and Mayor aastin. ABSTAIN' None. ABSENT: ........................... :.i.!.!.i.i.i.i.i.!.!.i.i.: ' ,...:.:.:.:.:.:.:.;.:.:.:.;.:.:.:.:. :.:.:.:.:.:,:.;.:.:.:., ............... ................................ "::i:i:i:i:i:i:i::' ' Chan gi .n:.:~!!i~:~:~:~!~~!!!~.:.Ag ~:~'d a Items City ~h'ager Hors'i~.i.i~~sted ...................... that Items 90 and 9f be heard after Item SD, due to aud:i~:ee attendance. ~.iiiii~~nsus of Council approved of the Agenda change. ..-...-.-..... ....... ::::::::::' :::.' ---'.'-'-'-'-- ..:.:.:.:.. · ............... ..... ~ii~: ........... Discussion..:::~gd Possible Action Regarding Amending City of Ukiah .:.:.:.:.:.:.:.:.:.:.:.:. ::::::::::::::::::::::::::: ;i~i~?:?:i::i~?:i~i~?:i::i~i~i~?:~:. Purchasin.g!?~p01icy ....... With Local Preference ~ii!i~.~g~iii!ii~'rsley discussed the extensive analysis conducted by Purchasing .............................................. ~~~iii~h:edy and Risk Manager/Budget Officer Harris for Council's consideration of"::g~dih~ the City's Purchasing Policy to provide a 5% preference for local vendors. Currently the City Code prescribes that a purchase be awarded to the lowest responsible bidder, except in cases of personal professional contracts which have their own listed criteria. She reported that an article in the local newspaper indicated that Staff did not support a preference, however, she advised that staff has not made a recommendation regarding the proposal. March 17, 1999 Page 6 of 19 Risk Manger/Budget Officer Harris advised that staff has completed a comprehensive analysis of the purchasing activities for 1998, to evaluate the possible results of implementing a 5% local preference. Of the 961 purchase orders issued in the last calendar year, 492, totaling $1,477,113, were identified as "bids" which would present a "competitive" situation. Not included in this figure are Public Works projects over $25,000 which must be awarded to the "lowest responsible bidder" per state statute, and personal service contracts which are not awarded on cost alone. He discussed the summary of the study's results and the data sheets included in the Staff Report. The term "local vendor" referred to businesses in either the City of Ukiah or County of Mendocin0;:~i::iii~e identified a significant issue whereby 211 bids did not receive any local biddY... He::~B{nted out that many times such items as chemicals do not have a local .s..~:.upplier t.~iiii~i~iii~!~Uch ..................... items, thus precluding the opportunity for a local vendor to partiqi~....e., in ..:.:.:.:.:.:.:.;.:+~.. ',:,:-:-:-:.:.:.:-:.:.:,:-:.:-:.:.:.:,:.:,:.:.:.:.. ..:..... ===================== :::::::::::::::::::::::::::::::::::::::::::::::::: .;::::::~:- .....,.......... ;.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;. .......... · :::::::::::::' ..::i:~:~$i::;' "::~:i:i:~:i:i:i:i"'i:i:i':;~:'::-~i:i:i:i$:::. ' .... He reported that implementation of a local prefere .n.:~' would r.;:~i'r~::-i~i~l staff:::~.~'e ...... n ":'~:::~:::~'~:"~: ........ :~::~:~:~:~:~"':'~ to analyze each bid and the amount of cost is depe~:.:n.t ................. upq~ii~:e umb'~:i:~:!:~i~:**:[~ests in which local vendors do not win the bid outright. ?~i:::~:ts for 1998 w~!~iii~:e been approximately $300. In addition to the several Cit~i:i~iiii~i~u. nty ordinances'"~'rovided by Councilmember Libby, Staff contacted 17 municiPa::!i~i~..ili~i.ii~U:..re other applicable code provisions related to local preference in purchasia~::"pra~i~?,i**i***~iiiii:.::** .... ::::::::::::::::::::::::::: ..::i:!:~:i:~:!:~:i:~:!:!:!:!:i:i:i:!:!:!:!:!::.:.:.. Councilmember Kelly thanked staff for t~:~i~...~~~.tion of"::~?iii~'0rt. She inquired if Staff found a larger percentage of local b!.~*~:~i~:g in th:~i:.!Sid process within cities ..... : :':':'.' ' - ::::::::::::::::::::::::::::::::::::::::::: - .;.:.;.:.:, .,........ ....................... :::::::::: .....-.-., .-..:...: Risk Manager/Budget Officer .~s adv. i~6'd .......... that ~i~:::~'id not have the opportunity to discuss the implications of bid~ii~i::i~racti.~ with ci.~i~ ...... that have a local preference. ................ ..:,;.:.:,:. .;,:.:,;.:.:.;.:. ..:.;.;,;.;.;.:.: ..:.:.:.:.:.. :.:,:,:.;.:,;.;. ..;.:,;.:,:.;.;-:,;. . ..:.:.;.:.;.;.' Councilme:mber Libby..::~:a~d Nor:~?~i~?~~::"and Mike Harris for their efforts in .........,............................... -...,.....,.,...-.,.,...-.,.,,....-.-,-...,.-.,.-.-.-. .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ..:.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ..........-.-......................................... ............ ...-...-.............-..........................., '.-.:.:.:.:.:.'.'.' · .;.:.:.;.:.:.:, ;.:.:.:.:.:,:.:.;.:.:.;.;.:. :,:.;.;.; ====================================================== · '.;-;.:-:-;,;.;.:-;-;,;.:,;.;.:-:,:-:.:,:-:.:.;.:-. ====================================================== .......................... Council~~iiii~.ldwi~**::::i~i~ii::::~.bout wording in other cities' ordinances with regard to a busines'~iii~$i~::::**to be I~!:!~.i*~ed to qualify for the local preference. · ..:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:-;.:.:,:.:.:.:.;.:<.:.:.:.;.:.:-:., '~:::;:;:::::::::::. · .,:.:.:.:.:.:..'.:.:,:.:.:.:.:.:.:,:.;.:.:.:.:.:-:.:-:-:.:.:-:-:.:-:.:-:.:,:-;, .,............ Risk M..a:.:~:~JB~~ii~.cer"::~Fiarris reported that the definitions were somewhat differed?although m0:~iii!~i~!~d that the bidder had to have a city business license, and all ~i?one indicated'!.~iiii~eded to have a city residence within the city limits. The dentition was tied int~iilA 5bsiness license. ::::;:::: .-:-:.:-:-: ,::::::::::.:-:.:.: .::;:;:;:;'. ~i~!!i~ttomey Rap~ advised that it is his opinion that a preference for local businesses ~!~ii?~.!....v.!.0....!.:~iiitl~'e Commerce, the Privileges and Immunities, or the Equal Protection ~ii~~iiiii~[i!i~:i::Onited States Constitution, if the City makes adequate findings when it ad~i~i!~:?:~6'rdinance establishing the preference. He discussed challenges to these clauses. The only litigation he found was referenced in San Francisco and he briefly discussed that case and its findings. He recommended enacting findings and identifying ways in which "in-City" businesses are at a disadvantage to "out-of-City" businesses, and if the ordinance is based on businesses within the County, findings would also need to be made as to why Mendocino County businesses are at a disadvantage, and how this March 17, 1999 Page 7 of 19 preference will help to equalize that disadvantage. Discussion followed concerning whether the preference should be limited to local, City- wide businesses or include all county businesses. It was noted by Councilmember Libby that she is recommending a County-wide preference for the City of Ukiah. Staff described the City's bidding process, establishment of the Qualified Bidders List, and the list of potential bidders compiled by Purchasing Supervisor Kennedy. It was noted that some bids require a legal notice. Should a preference be adopted, it would require additional time for the Purchasing Supervisor to evaluate the bids .................... City Manager Horsley advised that should Council ..~?cide with such an ordinance, that direction be provided to staff. Some ad~ges ~ii~iiii~~.....ence ordinance..... is to promote local business activity, increase job~?ii~crease ~l~ili.~i::~:evenue, t~: · ::i:::::-:::~' ..::i:i:::::::." =================================================== '.'.'.'.', benefiting the economic base of the City and co~t.~nued he~15 would also help to ,maintain, if not strengthen, the Io~i!::!abor ~, there'~ fostering the City s economic and social vitality.::!iiiiiii:i:ii~...s..:!~i~ disadvanta~ii!!iiii~?~:~t City residents will be paying a higher price for goods an(~ili~!~::.for those bid awards which are selected under the Preference Policy. A Ioc..~!i~i!i~~~ might also discourage bidding by other vendors in surrounding counties ~:"will "~i:~i:i~!!~i:..b. le for the preference ":'::i ':i:i ':':::':::':::': :~:':':'::: :':::" ,, percentage. She stressed the importance of...~igi::..ng "locat~ii~!~ in the ordinance. She discussed jurisdictional boundaries of v..e.:~ii~.::a proce§~.i~'reby vendors would register with the City. Upon meeting the ~i~a i~~:..~?;~..t..hey w....~d then be added to the bidders list, which would continue to..::~i~::"upda..t.....~!i~iiiiiiii~i~ii!ii~i~sed possible preference percentages and recommended a C..~?'be se[:;~ the::~~ce, noting that a cap would only affect the larger bids. ..::~i!?~i!iiiiii!iiiiii::i:' ..?:::ii~ii? .... .:!iii!iiiii .......... '"' ...... ..:,;.;.:. .,........,.........,..... .-...-.,... . :':':':'~' · ...................... ..:.;.:.:.:.. ..:.:.:.:.. .:.:.:.:.:.:.:.:.:.:.. :-:':-:-:-:-. .,:.:.:.:.:.. Councilmember Libby advis~iiii~at, ba~iiiion the..::~[a ........ produced, the City needs to reach local busin.~.sses and att..~mp~',i',~'o..............................., build~ii~~iiii~i"-t:h those not participating in the City's bidding p..:~~. She .s...~(~~ii.'.t. he .......................... imp~~i~i~f keeping more money spent through the bidding~i~~!i~..t, hor~iiiii~iii~!~?~ill ......................... stre'~:~'n our local economy and will ease the needs to incre~§~iiiiii~[~?~ii?::~nd i::~:~iiiii!ili~i!iiii~i~:[.der to finance government. Research showed approximatel~ii~?~i~f:i?:~!ds d(J:~?~i?:a local bidder, due in part to specialized products. Out of 492 b!~iiii~??~(~:) were:~i~fied as not being a qualified bidder. She questioned why mor..~::?~!~al'"'l~'a~i~~:::~:.d...o n~t participate in the City's bidding process. It was her opiniq~ii~at a Iocal":~"......~~e would reverse this trend. It was her conclusion that a pre.f...~:nce would incr~ili~bsiness ........... enthusiasm and participation which would result in m~i~taxpayer money ~'in~" kept in the local area. Because every area is different, a City li~it.:iiitestriction would~clude many local vendors which are located within a three-to-five :.:.:,:.:.:.:.:.:.:.:, ~i!~i!i!.'.r..adius of the.==~...:~i~. Ukiah is the County seat and many people who live in outlying :::::::::::::::: ~~!~::...n...0..C....~;~?;-i~reas come to Ukiah to shop. She was supportive of a preference to i~!~ili~i!~es within Uendocino County and encouraged the Board of Supervisors t O;=~~ii~iii~i~ i I a r ordinance. Further discussion followed concerning jurisdictional boundaries of the businesses, advantages and disadvantages of a preference ordinance, whether the preference should include those businesses located within the City limits or be County-wide, sales tax revenues, and designating a percentage and cap on the preference. March 17, 1999 Page 8 of 19 Councilmember Ashiku recommended the matter be referred to staff to produce an ordinance with a 1% preference and $1,000 cap on services. Discussion followed concerning the analysis presented and direction to provide for an ordinance for Council's consideration. Eric Larson, 123 Clara Avenue, advised that he is a local business owner and would qualify to be a local preference bidder. Upon reading the staff report, he did not find anything that would not preclude him from contacting outside, non-lo~!!i~:=i~dders and offering to bid their services through his business as a legitimate b:~i=nes=~iiii~=='the City. He expressed his concern in defining a "local bidder", imp..:a=.cts on !=~!ii~i~:bidders as well as County bidders, and recommended Council cons!=~iii;=.a two~[i~iii~q....e=..ntage rate. He discussed an alternative means by which local bidder.=~i!~bld be a.."ili~~iiii~?:=:match the Io"~ bid and recommended Council approach the matte~ii~utiousl.~i?.............. ...... i:i:i:i=i:i:i:i:: ....::~i!':.-'i~!:"' =============================================================== .,:-:-:-:,:-' ===================================================== John McGowan, Ukiah, was supportive of the p~-~~=:'concept and ~~i~fl~'e legal ::::::::::::::::::: :::::::::::::::::::::: difficulty of getting qualified businesses to bid "~iiii?~~[~. He noted one problem surrounds bonding requirements and may deprive..==~.t.~~ii?~=.r, om submitting bids. He noted that a number of the contracts may be for sp~ialt~=~::~~'.s..==..that can't be obtained locally. He felt that residents in the County e.~i~ii===:!~wer r~i~=i=~iii==property taxes than those in the City limits, and that some Ioc~!iiii~i~~..s do n~iii~i~' the scale of buying po other tside b sinesses ................................................................................. "::~:~::' wer as ou u ..... ~:~ ............... ~~ ............... .:.:.:.:.:.:...:.:.:.:...,:.:.:.:.:.:.:.:.:=:.:.:.:.:.:.:.:.:.:.:.:.:,:.:., . .,:.:.:.:,:.. ,.:::=::::::.-,.:,=,:.:,, -.:.:,:,:.:.:.:.:.:.:.=.:.:.:.:.:,:.:.:,:.:.:.:,=.:.=.:.=.:.:.:,:.:.: ,::!iiiiiii::-' .;:::::::: ================================================================= Don Albright, Ukiah, thanked Co.u.==~il ...... for ~!~gin~==iii~~:="the preference issue. He advised that he is an employee o..f::?:~?Savin~iilBank of.:~:~'h'docino......... County (Savings Bank) and discussed the Request [~?t~0pos.a...!!?(RFP) t~t the City submitted in 1994 for a banking relationship. He dish,ed a ~ii~appoi.~ Committee's selection process for the project...::~==.lt was his op. ipi~=0. ~?~hat the .~~ii~::~heeded to consider more than just the lowest b..==ii~iiiii~==.the Pr0.:..~iiiI iliHe disc~~i!i!~ 1997 Public Disclosure Report for the SavingSlili~iii~....d no~i.~i.i~gentag=~=~5~==~°llars that are reinvested in the community. He disc~J=~iii~i.ng ........................ 10'~iiiiiiii~ii!iiiii~:! businesses with gross national revenue of under $100,000. H~!ii!~~=!ed th:~i?~!i~i!~ii!i~=...nsider an expanded relationship with the banking community...~i!i~?i~!=...they ~i~=dvised that the matter would be revisited each year, but it ............. i ....................................................................................... has.~::i~.: ............. ~:::=iiiiiiiiiiiiiiiiiiiililililililiiiiiiii!iiii~ ...... "::~;" ....... .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:. May~=='Mastin...........=.. noted'~.iiii~!?i~!~t' that time, the City was under pressure regarding some in~ment decisions .~ad~ prior to that time, and electronic banking was a major factor t..h..~i!~!i=-the ........... City of Ukia~::ii~as looking to obtain. At that time the Savings Bank of Mendocino ~!~ii~t have that ~bility and the contract was awarded to WestAmerica Bank. :::::::::::::::::::::::::::::::::::::::: .... . .............. ....................::i:!:i:i:i:i::" i~i~iii~i~iii~i!i~iiiiiii~iiiiiiiiiiiiiiii~ .......................... ~:~!~i~ii~ ..... ~~!!~~='Baldwin expressed concern with those businesses having a Post Office bo)~==~[ii~i!==..ma~l~ng address. He was not supportive of a local preference for large "big box" stores such as Staples and Wal-Mart. He was of the opinion that the matter of a preference should also include reference to a "living wage." Businesses that are locally owned, pay a living wage, and are environmentally friendly should be given a higher preference percentage. March 17, 1999 Page 9 of 19 Councilmember Libby noted that employees of "big box" stores, such as Wal-Mart, spend their salaries in Ukiah. The City currently has an Open Purchase Order with Wal-Mart, however, Wal-Mart usually does not bid on items. She preferred addressing the "living wage" issue separately. MIS Libby/Kelly to approve a 5% preference not to exceed $5,000, to qualified local vendors in Mendocino County that have a Ukiah business license, on all purchasing contracts that require a Purchase Order or a competitive bid, and direct staff to prepare such an Ordinance for their consideration ...... ..-.:.:~:.:.:.:.. ........ Discussion followed concerning patronizing "big box" st~.res on b~!~ii!~!:~Was noted that they employ many local residents and should be treate..d..?~ually.:~i::i~i~!~!ii~e "living wage" issue separately was also discussed. The perq~i~e rate, ii'i~iii~ii!i[[~..ference considered and the preferences of other counties ~§ also no~. City Clerk Ulvila read the motion. ::ii~i~iiiii~iiiiiii~!iiii~i::ili~i::i~::~::::iii!? ........ ~::~ii!~i. ili~!i!!!i!ii!!?~ .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .............. ================================================== ..:.:.:.;.:.:.:.:.:.:+:.;.:.:.:-;.:-:.:.:.:.:.. ·.:.:.:.:.:.:.:.:.:.:.,.:.:.:.:.:.:.:.:.:.:.;.:.. City Attorney Rapport requested clarification th.a....t..i~!i.-t-'~i~i~!~i~ would apply to all City purchases, excluding Public Works Department '~!~tra'~{~ii:i~~i:;::~25,000 and personal ===================================================== services contracts. . ................. '.=:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ ..... .... ::::::::::::::::::::::::::: · =============================================================== .............~ ........... ======================================================================= "::i:i:i;i:i:!:i:i:'" City Manager Horsley advised that th.~iiii~f~:~i.i.~ld n(~iii~:~Sply to open Purchase Orders, professional service contract~ ...... so~::~~!iiii~i!iii::~?:~::ii~il ~!?,~:hd ................................................ ;.:.:.:.:...........................................,.....,..., .......... .........-..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ..... ;:::::::..'.:-:-:.:-:.:-:-:-:-:-:.:.:.:-:.:-:-:.:.:.' .......... :.:.:,:.:. ..:.:.:.:.. ::::::::::::::::::::::::::::::::::::: ..... ..:.:.:.:.: :.:.:.:.:.:.:.;.:.:.:.:.:.:..- ..... Motion carried by the following r~!!ii~i'l votei::~YES: C~h'~ilmembers .... Libby, Ashiku, Kelly, and Mayor Mastin. NOES: Cou~!~:ember:...'i~iiBaldwin..~?:i~BSTAIN: None. ABSENT: None. Al Beltram[ii~::Executive D.i~!:~iii~f the M~~iii~unty Employers Council, clarified that property..~ii~re the .~i!!~...hin the ~!~!ii~:~the County. He reported on a movement for a "lf~i~i~.e..." an~::~~~ that S'~:~:~Id Council pursue the matter, the County be notified. '"::%~:ii ~?~?~ iiii?~???~ ~ !~i::i::~ .... ' ~'::?~ii~!?~!!i!~!~!?~iiii~ili::~ 9:12 p.m.- Re~~iiiiiiii?:~ ..... "::~::::iii~iiiiiiiiiii ===================================================== ........ ===================================================== ............. 9:20 .p..:..~': - Reconve~iiiiiiiiiiiii~ii~:- ~i~i~ii~i~ii~ii. .................. Discussion .a~d Approval of Minor Improvements on City Property Between :~:i??iii~i??iii~iiiil}i~i?~i:::...Oak and Sa~h ........ Streets ~i~iiii~~.:~::ii~ley advised that the City owns a small parcel of open space property fi~i~ili~ii~f~bet that connects to Bush Street via a pathway used by residents, as well as'"~~P:~hildren from Pomolita and Frank Zeek Schools. In September 1997, the City granted an Encroachment Permit to Mr. Ruelle, who's property is adjacent to the City property, to plant oleanders along the southern side of the fence line to protect his fence from continual graffiti and vandalism. Some of the oleanders were vandalized, and the City was also contacted by neighbors about the future potential March 17, 1999 Page 10 of 19 size of the oleanders as the western portion of the path is narrow and they were concerned about safety and ease of walking once the shrubs had reached maturity. City staff and Vice Mayor Kelly met with the neighbors several times to discuss their concerns and potential solutions. Based on discussions with all parties individually, staff prepared a list of possible City improvements to the property to be phased over time. 1. Relocate the current pathway to follow the creek bank from Bush Street to Oak Street. 2. Plan appropriate shrubbery along the western portion of the fence line that would not encroach on the path line of site or right-of-way at maturity. The shrubbery would be designed to grow along the fence. Chicken wire will be placed over th~::!~.:.eung plants to assist in getting them established and as a protection agaig~! van..:~l~[~m. 3. Install bank stabilization along the creek bank to protect ~iiii~~ay and bank's integrity. The City Engineer's Department has est.'.t.~..t, ed th~i~i.i~.::..$38, 340. 00. 4. Possibly install lighting at the Bush Street entra~ii!~"provid~i~i~.t.-:y.., which wou~ not encroach upon the neighbors' privacy. 5. Place some sort of blockade at the entrance of to encourage pedestrians and bicyclists to use t~ii~ii~¥~e pathway?~ii~:~ssed the installation of a split-rail fence. '~::'ii~iiii.i.iiiii.i!i.iii.i.iii.i.i.iiiii.iiiiii?:i~ .... ' ............... ' ...... :.;-:.:.:.:.:,:-:-:-:,:,:.:.:-:.:.:.:.:.:.:.:.:.. ========================================================= · .:.:.:.:.:.- ..:.:.:.:.:.;...,..,..............:.:.:.:.:.:.:.. ..::::::::::-' :::::::::::::::::::::::::::::::::::::::::::::::::::: She noted that neighbors on the east side of Oa~?:::~Str~;~tli.i~!i.i~.:.:x..pressed concern that some people continue to walk across Oak Street...~..throug~i:.'i~i~i~::..e. rty to State Street. They have suggested the path be closed o~?:~iii~treet to d'i~~!~e pedestrians from =================================================================== :::::::::::::::::::::::: continuing in an easterly direction. Sta~i~ili~?:~E~t!~i~i~:·.work ~ those residents. .............. ,:.:.:.:.:.:,:.:,;.:.;.;.:.:.:.;.:.:.:.;.:.:.:.:.:.. ;.:.:.:.. ..::!:!:i:i:!::" .:i:!:i:i:::i:i;i:i:i:i:i:i:i:i:i:i:!:~:!:!:!:!:!:!:i:!::.; .... ;;::;::;:;- ..:;~:~ :~::-' She recommended adding a bench n~i::the the path near the creek. She also recommended that the ..~i~!i::pay fo.:~iii~'e ..... addii!i~i:':plants and if these plants are vandalized, staff will recommendiii~ther p.t~:'for prot~ion of the fence. Due to the large expense of the stabilization ~iii~:~..........·..... ban:~iii~nd ret~iii~g wall, she recommended Council approve a g0al of perform.!:~g t~Se impr...~~[~iii~d staff will return to Council at a later date with..:~·ing reco~~tions Suzann'~ii!~~i?~'~....04 N&:~!!?~!!'~i~.t..reet, .......................... and one of the neighborhood representatives, reported ...... :::::::::::::::::::::::::::::::::::::::: ....... ===================================================== that-::i~i~i~i~.g......!nn~ng~l~i~i?~an adversarial situation between the Ruelle's and the neighbor..s..:.,.:~i~ii~!~i!~:!' the O~!i!~'nager's proposal is a good compromise. The path has been.::~a~:~f~iii~iii~::::~year~i::~'nd ....... she has an interest in the continuation of its use. She did'sea con~ii~iiii~andalism and the situation of pedestrians continuing across Oak.::~eet to get to '.-.-.-.-.-.-.- .:.;.:.:.: .:.:.:.:.:.:.:.: ...,.-.-.. ~ Tarula, 825 N~ Oak Street, advised that she is impressed with the proposed plan ~i:~pressed her..~'cern ....... that the property not be sold. She felt the plan preserves the ~ii?ii~.~=.:.~~t and that the pathway is very precious. T~iiii~~6're, 989 North Oak Street, advised that he lives across the street from the Ruelles, and noted that he has a vision of the walkway continuing along the creek to Todd Grove Park. He discussed the abutment at the bridge on Bush Street and inquired if the City has an easement around all four corners of the bridge on Bush Street. He recommended Council consider the ownership of the bridge in order to keep the walkway open. March 17, 1999 Page 11 of 19 City Attomey Rapport responded that the City has only looked at the easement adjacent to the Ruelle property. He felt that if the issue needed to be resolved, it would take place in court. It was his understanding that the surveyed boundary line indicates that the steps encroach on the Ruelle's property. The issue is whether there is a prescriptive easement that the City has acquired through use and it depends on whether or not there was permission as well as how long that use continued before the permission was given. Helen Sizemore, 989 North Oak Street, expressed concern with not being able to discern the height or length of the split rail fence. She also expressed concern W.i.~:.the ........ type of ........ plants to be planted, if the oleanders would be replaced, and if t~:..City:~ld purchase plants for the entire length of the fence. She discussed.~...t, he driv~i:ii~ii~'e middle of the sidewalk between the creek and the Ruelle's fence. ::~:~expr~~ii~.r... appreciation to the City Manager for working with all parties involve.~iii~.~?:~reserv'~ii~:.way. ..'i!::!?:!::?' . .:?..!::!::!::ii~- City Manager Horsley advised that the split rail f~":~e will ..~i~'nd to path and there will be a wide opening to allow f~'~iiii~i~y.c.'-:~ andgroup " ii i i :i'She =============================================== estimated the height of the fence to be approximatel~?:i~iii.f:..~,t in order to discourage the use of bikes. The plants will be placed close to the::~~i?~i?:i~e oleanders will only be located in the portion by Oak Street since they ar~ii~lre~i~b..tished. She discussed use of the driveway area by City vehicles ........... ::::::.:i ...... '":~::iii~?~ii~?~ii!!~!i!i!i!~!~!i~:i~:i!i!i!?:i!~!~!i:-i:~ ..... ...... i~i~i~i~!!~!~i~i!i~i!i~iii .... ==================================================================== .-::i!i!!!i!i!!!i!i!i!i!ii!!i!iii!i!iiii~iiiiiii~i~::.. =================================================================== :::::::::::::::::::::::: ChaHey Ruelle thanked City Attorney.:.~~iiii.ii~ii~.:.Work~!?ii~irector Kennedy, City Manager Horsley, and Community De~i~pme .n.."~iii~i~~iD:..e...K~"oblough for their support of the proposed improvements to theii~:i:ea. H~i?:i~nc~~iii~:~jpport of the proposal. John McGowan, Ukiah, adv.i~??:[hat t.~:'propos.~!!i?is very good. He expressed his concern that the split rail fenc~.i.~y not::i~!er pe .0.:pi~"from vandalizing the site. He felt a less attractiye, more durab!ei~hce, m~ii!~::::ie~{~'r long term solution. Discus i i',Coun iiii &ii recommendations. Council thanked staff and"::~i~!~mbei~::~!~i!~iiiii~ii::~orking ........................ with the neighbors to resolve the matter. A question waS::~~iii~ii~e Cit~ii~~y:.that in making such an agreement, would the City be right-~?~?~i[~i?:it:he process. It was noted that the proposal meets ............ objectiv.e.:::~iiii~::::t~'~:':~:G~~!iiiii~:!.:an ....... With regard to stream restoration and pathways. Staff advise...d...!~i~at the proje'~t.:'~ii~!.t..i~i!imonitored. There was discussion of retaining the existing wats!ill, stem. Having ~?i:~ii~0ot high fence was discussed as a liability issue, and staff wi.~!!iiii!~¥estigate the m~!..'.t."er~tb find a height which would discourage bikes. ................., ..... .......... · ........ .......... :.:.:.:.:.~ .................. ..............,.... ..:.:.:,:.:.. .......... ................ -.....-.-.....-.....-.- ..:.:.;.:.:. ............ ~!~ii~ttomey Ra~~ advised that the issue which would give the City its claim is fixed ii~iii~ii~!~:...:~ ........... !t...~iiiiii~is hope that the proposed compromise would work to everyone's ~i~[~~ili~:?{hat the matter would not need litigation. MIS AshikulBaldwin to approve the immediate installation of improvements to the Oak and Bush Streets open space, approve an amendment to the 1998/99 budget increasing Account No. 140.6050.800.000 by $2,000, and approve a goal of future capital improvements to this site, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN' None. March 17, 1999 Page 12 of 19 ABSENT: None. 9e. Approval of Ground Lease with West Coast Wings for a Portion of the Ukiah Regional Airport Community Development Director DeKnoblough advised that staff has been approached regarding an Airport lease by Mr. Nick Bishop, owner and operator of West Coast Wings, a fixed base operator specializing in sheet metal and aviation body repair. West Coast Wings is a small start up business operated at this time solely by Mr. Bishop and his wife. Due in large part to Mr. Bishop's professional reputation, t~?~ilbusiness is experiencing significant growth and will be increasing its em~!~yme.:~f?;~iSase by two employees upon opening of the new facility. The busi.n, ess doe~ili~.t::?:~'herally work on intact airplanes but rather exterior components whic~iiii~e be~i~g..ed and shipped by truck or express delivery in crates. Upon repair, M .r.:..~iiiiBi:~hop the~iiii~i~i~.'.e componentS: back to the owner in the same manner................:-:-:-:-:-:.-'~?:~?? ...... ..::~:?:' ......... ~::~iiiiiiiiiiiiiii!iiii?~iiiii~i~iiiiiiii?~i!iii::::~ ......... :?:::iii?' The proposed lease is for 6,000 square feet of Airp~iii~ ..p...:~g located Works and the Flight Service Center. The leas~i~i~?~i!ij!bcludes an additional option property of 2,500 square feet to accommodate anti:~i~~i~Si.ness growth. The site is currently paved but unused and Mr. Bishop will b~ii~:~on'~i~iii~:!.=! improvements. The term of the lease is 40 years at which time all i.~p..:...r::.~vemen~iii~i~i~ecome the property of the City. Should Council approve the U~:~i::i~ii~:~ will be required to commence construction within 120 days~::::iiii~i~~::~hat the.'::~J'rport Commission has reviewed and approved the lease...~iii~?!iii? ..... ::?:i??:::ii!iiiiii!i!iiiii!iii!iiiiiiiiiiiiiiiiiiii?ii::' Ken Fowler, 2150 Sierra Place,?G~irman~:"the Ai~:~ommission advised that the ======================== ..::i:i:!:i:~ .-:...:. , Commission has been discu~!~i::i::~the ~ter with::~ii:~'r. Bishop for some time and has approved of the proposed le~!: Depe...:~ing on:.::~: growth of the business, it will offer approximat.:.:.e:.ly five to se~]:..n, ii~w jobs:!ii~ii~i~.e.~a~:i This is a unique business and Mr. Bishop is::~ii~:..s, killed in..:~iii~, The I~i~ii~ould provide an economic benefit to the ........................................... ============================================================================== ':'::i~!i?:~::~:?~ ...... .......................... · .:.:.:.:.:-:.:.:.:.:.:.:.:-:-:-:-:.:.:-:-:.:.:-:.. ......................~............................. ................................................... ==================================================== ==================================================== .................................................. .................................................. · ................................................. .................................................. · ...:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.... -.-...-.-.-.-.......-.-.....-.-..........o...... ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. Judy Prud~i!i?~i~]~:an of':~::~§~?~iigi~h-ning Commission, advised that the last time the Planning Com~i~i~?~i~.'.e.:..view~!iii~'i'i~ii~ilar agreement, the lease was signed prior to the Planning ~~:~:~i~i~"ew of {:~ Site Development Permit. She requested clarification conce~i~'g the orde~:::i~i~ii~~?:::..this should be processed. ............ ....................~............... · ............ .:.:.:.:.:...:.:.:.:.:.:.:.:.:.. ...... o......-..o.. .::::::::::' '.:::::::::::-' ....... C~unity ......... Develop~n{::Director DeKnoblough advised that, according to Section 2.3 q~ii~ Agreement, t.h..:~ii::Lessee has 120 days from the date of the City Council's adoption .................. ~?;~. Lease Agre:~:ent to satisfy the conditions, which include obtaining all necessary ~!~:~ii:i?ii~!~:~:!...0.....p....~t-:'iiiiii~nd building permits, and securing financing for construction. He ::[S~a~::i::i::':.t:.~Sequence of the process and noted that once the Lease Agreement is e~~{~iiii::i::::Mi. Bishop would have 120 days in which to secure approval of a Site Development Permit from the Planning Commission. Discussion followed concerning the sequence for processing the Lease Agreement and it was noted that, should the Lessee fail to secure the necessary permits within the 120 day time frame, the lease process would be void and need to be renegotiated. It was March 17, 1999 Page 13 of 19 noted that the Lessee would be responsible for completion of all improvements and the Airport would receive the rights to all property. There was some discussion as to how the amount of rent is established and it was noted that it is based on recent appraisals of Airport property and the use of industry lease standards of 8-12% of the appraised sale value of the property. MIS Baldwin/Ashiku to approve lease with West Coast Wings for a portion of the Ukiah Regional Airport and authorize the City Manager to execute the Lease Agreement, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashi~ Kelly, and Mayor Uastin. NOES: None. ABSTAIN: None. ABSENT: Non~iii?~ii~ ........ ~::i?::ii~ .... :.:.:.:.;.:.:.:.;............:.:.:.:.;.: - 9a. Adoption of Resolution of Intention to Am~ th~iiii~i~ili!~:~f,.--~::.,Ukiah's PER~ Conl~ract to Provide Military_ Service Credi~!!!~:;::~>'ublic .~!~i~:.Third of sss survivor Benefits for Loc, Miscai'aneous Introduction of Implementing Ordinancei~iiiiiiiiii~ ....... City Manager Horsley advised that, as agreed u~i!~ii~:!i!~ajority of employee units, and approved by City Council ":~iiiiiii~i:f:..ication of their respective Memoranda of Understanding, the City is prop.o..:~i~:~iii~iiii~...:n..d its Public Employee Retirement System (PERS) Contract to provide Miii{ary ~&~!~i:i:~dit as Public Service (Government Code Section 21024). She adv.i.s....e..d::i!i..U3, at out ~!i!~iii~ployees, only a few may qualify for this option. She discussed::~:~~t~benefit~?~!~i~iii~i~i!i!?~ .... .......... 99-3:.~"Re~!~!~i.i.~f Intention to Approve an MIS Kelly/Libby to approve Resolu.ti~i~ ......... ' ......................... ":::::::":~ .................... ~:' .... Amendment to Contract Between th~:'Board..:~:"Adm:i~i~i!~n of the Public Employees' .:i:i:i:i:: ::i:i:i:i::' :i:i:i:i:i~.'::::.:"'"'" Retirement System and the City..:?:~ncil of,.:~t:::~e City o.[i!iUkiah, including Exhibit A, carried by the following roll call vote: A~ES. Cou~imember:.'.~?:Libby, Baldwin, Ashiku, Kelly, and ::i:i:i:i:!:!:!:?~' ' .-::i:!:i:!:!:!: .~i:i:i:i:i:' Mayor Mastin. NOES: None.~ii!iiiA:BSTAIN~i~:i!None...:::~BSENT: None. M/S/KelI~~.y to int~~ii~..title onli~ii~i~:ce of the City Council of the City of Ukiah Authori~i.i~.i~::endrri'&~!!i~i!i~ii~ontract Between the City Council of the City of Ukiah and the B&~ili~i~inist~fi~?~&~iiithe California Public Employees' Retirement System, · .;.:.:.:. :.:.:.:.:.:. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. carried by th'&ii!~!~..g., roll "~i~ii?~i~t~!::i~:'AYES:........................,....... Councilmembers Libby, Baldwin, Ashiku, Kelly, and ~~!~M~i::~::NOE$?~i~ne. ABSTAIN' None. ABSENT: None. .....?...... -.:.:.:,:.:.:,:.:.:.:.:,:.;.:.:,:.:.:+:.:.:.:.:... ............ · ...... · .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~:.:.. · ,........., :.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:,:.:.:,:.:. City C..l&:i'k Ulvila readi!i~aiii~inance title only. ....... M~i?:KellylAshiku t~!iliiiintroduce Ordinance of the City Council of the City of Ukiah ~rizing an Ame~ent ...... ...... to the Contract Between the City Council of the City of Ukiah ~iii!~? Board 0...[~dhqinistration of the California Public Employees' Retirement System, ~!~iiii~::ili::~iii~f°wing roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, K.':'~!~ili~i~br Mastin. NOES: None. ABSTAIN' None. ABSENT: None. ...... i:i~i~:~i::!?::~::iii::iiii!?i:~ ......... 9b. Approval of Budget Amendment for Increased Mendocino County Property Tax Administration Fee City Manager Horsley advised that the City has received the bill from the County for Property Tax administration fees charged pursuant to the State Revenue and Taxation March 17, 1999 Page 14 of 19 Code. According to calculations from the County Auditor's office, tax administration costs increased 30% over the last year resulting in a raise in the fee to all entities. A brief discussion followed concerning the consequences should the City Council fail to approve such an allocation. It was noted that the County collects the City's property taxes and would not release the funds to the City until the City agrees to pay the new fee. City Attomey Rapport advised that the County is entitled to charge the City their actual cost, based on their cost accounting, and should the City wish to contest..:::t:~ amount of increase, they could challenge the County's method of accounting t.O.'.:~::prove~::{~t they didn't ly accurate calculate their cost. .~:~., ~ ................. :. ................ :: ........ ..,..?.., .:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:!:i:i:!:!" .... ::::::::::::::::::::::: ..... ================================================================================== .... :::::::::::::::::::::::::::: ================================================= MIS aaldwinlAshiku (under protest)to approve ~:~dmen!.~.i.:~i.~iii?i!~i~::..8./99 aud~ increasing account 100.1990.346.000 by $3,485 an.~ii~ccount :~0'.460.]?~ii~~:~ by.::~0 for additional Mendocino County Property Tax Admi~atio .n..:~i~'S, carrie:~i~i~iii~i[~ii~ing roll call vote: AYES: Councilmembers Libby (unde~ii~~!)'; Baldwin, As~i~!ii~:i'ly, and Mayor Mastin. NOES: None. ABSTAIN: None. .......................... .........-...-.-...-.,.....,.-,............,........... ............................. .............................. .............................. ..:.:.:.:.:.. -.:,:.:.:.:.:.:.:.:,:,:.:.:,:.:.:.:.:.:.:.:.:.:,., ............................... ..::i:i:i:!:: .... ::::::::::::::::::::::::::::::::::::::::::::::::::: 9c. Set Date for the Electric Utility WorkshOp' ........ '~?:ii?~i????~iii?~i???~iii???~ii::i?:~ ..... "::i:i:i:i:i'.~:i:i:~:i:i:~:i:i:i:i:i:i:i:i:~:!:!:i::.. Public Utilities Director Barnes advised th.~[~i~i.~::blic he~fi~iiiii~pdated by AB 1890, must be held by June 30, 1999, to determi.:~iii~~iii:.t.:.:..he City":~[iii~il~iah will provide open access for the generation portion of th...~i~ii~f6'Ei~i~i~i~ii~i!~ii::..s..ervice~::~:~;~' In preparation for that hearing, staff is requesting that Coun~!iii!~i~t a d~i~:::¥~!ii~i:ii~!~ic Utility Department staff to conduct an educational workshop::~btlining.:..~:e Cit~iii~6'nt status and options in this ..?:!:?:ii:: :.i:i:! .... ::::::::::::::::::::::: .......... deregulated environment. ..::~ili?~ii~iiiiiii?' .... ~???:" ..... · :.:.:.:.:.:.:.:.:.:.:.:.:.. ..:.:.:.:.: .:.:.:.:.~ ............. ...:.:.:.:.: · ..:.:.:.:.. .......................... ..............,.:::::::::::~ :':':':':" .................... .....-.... ...............,..,... ........... . ..... ........... ........... . ...... ...-.-,..... ..:.:.:.:.:,:.:.:..., :.:.:.:.:.:,: ...~..,.,. Consensus of Council was t~ii!~t the d~. for th...:~i~!E:lectric Utility Workshop for Monday, ~i :::::::::::::::::::::::::::::::::::::::::::::::::::::::: ....,...,,......,.......,.............. . .......................... ................,................,......, ,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.. ............ .........................,.............,... ......................... ............. .......,...................,. ..:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:+: :.:-:-:.:-:-:-:..-.....-,-......,........... ..................................... ................. ::::::::::::::::::::::::::: . ............... ...............,.................... ............................,.............,....... ..:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:,:.. ............................................... =============================================== ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:, · ========================= 9d. a~!~ and:':~~!i?:?f Repl;~ntincj Program for Seminary Avenue Median .............................,.................. ......-.........-.....-.........,...,............... City Manage~::ii~!~y~::.advi§:~.i.~i.i~iscussion of this matter began many years ago as the Oeodo.r:.~::ii~~ii!~?~i~gan::~ii~cline. Once the Plaza was built the Christmas tree I ighting.:~:'"relocat~iii~ili~[i~:a, rea. ............ ...... .:-:.:.:.:.:.:.:.:.:.:.:.:.:-:-:.:.:-:.:.:.:.:.:.:.:,. ...... ........ ::::::::::::::::::::::::::::::::::::::::::::::: .... .:.:.:.:.:.. .,..................................,..,.....,...., ............................ .......... ....................... ....... · .........-.............................? ........................... ........,.,. ...... · :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. Co.unity Develop~!Director DeKnoblough advised that the Deodora Cedar trees o~i.ii~eminary Avenueiiii~ave............ ..... existed for a number of years. However, the trees are in ~~s::::::::::::::::::::::::: decline. Th~i~ity's arborist, John Phillips, has been observing the trees during the ~!i~....w years and::::~s..............., provided evaluations regarding their health. Mr. Phillips has found ~i.~i::i~i~i~ili~i?~rying stages of decline, from moderate to advanced. In a recent letter, ~iii~!!!~ii!~t-'~t:es that the trees have experienced an accelerated decline over the past ........................... tw~:~:~~::::';3nd that the trees have little or no chance for recovery given the prevailing conditions of restricted open surface and limited soil exposure. Based in part upon his findings, selective pruning by a professional tree trimming firm was completed to remove dead or diseased materials and prompt new growth in an attempt to revitalize the trees. These efforts have not been successful and the trees have continued to decline. In response to staffs request, Mr. Phillips recently completed an updated evaluation of the March 17, 1999 Page 15 of 19 trees and has recommended a replanting program with trees more suitable to the environment. Based upon the costs for services and materials provided by local service and materials providers, the estimated cost for the planting part of the project is $17,000. He reported that, although the Deodoras have been in place for approximately 50 years, prior to their planting the medians on Seminary were historically known as Carl Purdy Park. Mr. Purdy had originally planted a variety of ornamental and annuals which eventually died off due to the introduction of the Deodoras. He noted that The Shade Brigade expressed their concern with replanting eff.:~ and gave suggestions for an increased tree canopy. The businesses in the a..:[:..ea ar.,e...ii.!~are that the trees are declining and becoming hazardous, and are su~portive.~?i~ili~i~nting program. Six bids were received regarding the removal of the tre~iiii~ith J~:iii~iiiiiip,......s submitting the City Manager Horsley advised that one of the business own~!:::~ade towards the project. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... ============================== ........... ================================================== "::!:i:!:!:!:i:!:!:i:i:i:!:i:i:i:i:i:i:i:i:i:~::.. Discussion followed concerning possibly saving..~i:i~iiii~.i~:e trees, while removing others. Carl Purdy's efforts were discussed a~:~::it W'~i~ii~j~B~:.that two of his grand- daughters still live in the Ukiah area. It was sugges.~d that i:~i~i~tings be dedicated to Mr. Purdy's original horticulture contrib..u.::.!ii~iiiili:i:i~ii:?hillip~iii~!~iion was discussed and it was suggested that a second opini~:~~!~i~.....efore .:~i:.!~bcision on the removal of the trees is made. Various planting ~'arios.~'"6~ii~i~~?and liability regarding the ...... ..:.:.:.:.. · -'.-.'--.- ,..,..... '-:.:.:-:-:.:-:-:+ :-:-:-:-:-:-:-:-:.:-:-:,:-:-:.:.:-:-' trees was addressed. :::iiiiiii?" ..?:iiii?::: .... .......... .,..-....,. .:.:.:.:.:.:.:.:.:,:.:.:.-.- ..:.. ::::::::::. .-..,-,..- ...,...... .,,-.-.-.-,.,,.-,... ..:.:.:.:.: .::::::::: .....,.......,...... ..... .:.:.:.:.. John McGowan, Ukiah, was of.::~i~ibpinio~!i!~:hat a s~nd opinion be obtained regarding ======================== ..::i:::::::::: '"'"'"' the status of the trees. He ~i~bssed..~ care ....... o~?~'he trees during the past years and suggested t:~e City not pr..~.eii~es so ~!ii~!i!~iii~::"the future. He discussed the danger of falling..:t::~iii~bs. He....:~[~~ended ~~i~:"community involved in the design of the ed~an:i~!:!~....that'i~ili~{ii~e.ssarily':'~i:~d into Mr. Purdy's original design. ======================================================= Judy Prud~:i::::::~!~::.:,advi§~:::::~:::::~e has been an advocate of the removal of the Deodora Ce~iii~.i~i~:.g,. Se~~:Avenue. She advised that the median strip is a City Park, de~!~:d:':t~:~:~ii~y, in 1929, and there is no indication that he designed the park. She d~ibed the ori:~i~!i~::::as an open vista, planted in zinnias and reported that the Deo~ias ....... ...... were install~?~World War II. She discussed the City Council designation of.G~istmas Tree Lan~!ii~n~'recommended research be conducted to ensure there would q~!iiiii~e a conflict if !~: trees were to be removed. She noted the preservation of the ~.:ora Cedars .~i?'Seminary Avenue is included in the General Plan Open Space ~~:...a!ion..~:!~:ht. She felt that keeping some of the anchor trees may mitigate some ~iii~iiii~~iii~f::'their removal. She discussed the danger with falling tree limbs. She W'~a!~iiii!i~?:~::::~ee a corridor of trees along Seminary Avenue. Discussion followed concerning the difficulty in keeping some trees while removing others, and the desire to not damage their root system. There was discussion of John Phillips' proposal in the preservation of trees at Todd Grove Park and at other locations. March 17, 1999 Page 16 of 19 MIS AshikulKelly to approve the replanting program for the Seminary Avenue Median Strips. Discussion followed concerning obtaining a second opinion from another arborist as well as input from a landscaper regarding compatibility. The composition of the Deodora Cedars was discussed. MIS AshikulKelly to amend the motion to include obtaining a second opinion from an arborist, carried by the following roll call vote: AYES: Councilmembers .::~!~y, Ashiku, Kelly, and Mayor Mastin. NOES: Baldwin. ABSTAIN: None. A~.:ENT,...~?~iNSne. .....,..,.............. .,:,:.:.:.:.~. ============================= ..::::::::::F ' 9g. Discussion of City Revenues City Manager Horsley advised that since there are...:iii~:::"Councj.~!?:who have ..... gone through the budget process before, staff has p~ared rev~:b ir~~::::~.,tp .p....[~i~e a framework of background information prior to begi~j~3g th.e..:;~coming 2000 budget process. The report will focus on th~iii~~!::"categories a~i~~'' of the City of Ukiah's General Fund revenues. Two additio~i??:~:. ~.'b..u. dget" information items will be brought to the Council prior to the beginning of .t.~iiii~~i budget process. Assistant City Manager Fled advised that the tota[~:City of U:~i~!i~~ed revenue for the ========================================= ============================================= 1998/1999 Fiscal Year is $31,571,450...:.~:~:.::~ii!i!~!~:i!!!~. amo~iliii~6'1695,385 or 21% is designated as General Fund revenue ..... ~t"h'6":~::~~;not c~::t~orized as the General ..::i:!;i;i;i;" ======================================================= ..... · "~'":'::i':i::':'::i:i:i"'":::i::"":':: :' ..."'::':' · · · Fund, the vast majority is received ...... ..f~:m the..:~i~:~i~i::!::.-;~!::!~i.::.~t~l~t~es and Public Works Departments. In fact, $19,543,45~ilili~ the $~,87t~;i~iiiii~1, or 79%, of Ukiah's non- General Fund revenues are re~:.i.~d by .~ Sewer...:?S01id Waste, Electric and Water Funds. .:?:ii~: [iii~iiiiii? He reported, that over th.e..!i~Lla. ~iii~io Fis~iiiii~S~iii~; General Fund has shown relatively steady g~,.. Unfort.-.u.'~i~iiiGener~iii~iii~:Penses have exceeded revenue growth, in som~!iiii!~~es, .......................... e'~i.lii!~~.:.the ~:i:{~::::':~as gone through extensive cost cutbacks, employe~:~¥~~:..S, and":~i~ii~!.!very decreases. .... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ========================================================================================== For the City..9~i::i~~iiii~!~....S' Tax':~~nts for 43% of total General Fund revenues. Other sub-cate~:§'"ih'i51~i!~ii~:.Geri:~ral Fund are Franchise Fees (16%), Intergovernmental (1 oo,4)..,.~iii~e of Money:~::!~iiii~.:'.perty (10°,4), Other Revenue (9°,4), Property Tax (7 %), and Oth:~i?Taxes (6%). ~i!ii~i·ority ..... of the revenue in the Intergovernmental category is a~!~table to the Mot~i~.:vehicle ...... ..... ..... License Fee. He briefly discussed the history of General ~ revenues and ~d ...... that, over the last four years, sales tax has been a driving force i~iiii~eral Fund g..~h. .:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.. ....:.:.:.:.:.:.. -.-.-.-.-.-.....-.-...-.-.......-.,... ..·.::::::::::::::.. H~iii~~iii~.fi:.:Sales Taxes, Franchise Fees, Property Taxes, and Other Taxes account f0i~ii~ii~ii~0:0 or 72% of General Fund revenue. Prior to the adoption of Proposition 13, Property Taxes were a dominant source of revenue for California cities. Since the implementation of Proposition 13, most local authority over the tax has been removed. The base rate set in the State Constitution is 1% and state statutes control the distribution of tax revenues. He discussed the Education Revenue Augmentation Fund (ERAF) which directly reduced the amount of Property Tax allocated to the City of Ukiah. He reported March 17, 1999 Page 17 of 19 that the current Sales Tax for Mendocino County is 7.25%, noting that 1% of the total sale price goes to the City General Fund. The City of Ukiah contracts with Municipal Resource Consultants (MRC) to provide Sales Tax reporting and analysis services. He noted that the majority of the Franchise Fees are derived from electric utilities. Combined, the cable and gas Franchise Taxes generate $82,000 for the General Fund. He discussed the Property Transfer Tax and the Room Occupancy Tax, also known as the Transient Occupancy Tax. The City of Ukiah Room Occupancy Tax rate is 8%. The Business License Tax for Ukiah businesses ranges from $.20 to $.75 per $...!:~0 of gross receipts. The Business License Tax for any business with annual g:~..ss re:~i~ts of $2,000 or less is $10. A special License Fee, also referred to as the "M .o..~ii~..e..~i~ie In-Lieu" fee, V ' .-::~;-. . .::!:!:!:!:!:!:i::':-'i:i:i:i:i:i:i::i::i::" equivalent to 2% of the market value of motor eh~cl~:i:!~jmp~.ii~ally by the state ::::::::::::::::::::::::::::::::::::::: :::;~:: :. in-lieu of local property taxes. Effective January 1, .~i~'i the S .a..~ii~!~!:.e... License F~ was reduced by 25%, with no immediate impact o~iiii~:'ity reve~?" ~i.~..i~Y of U..::~, Motor Vehicle License Fees totaled $600,000 or ~ii::~f the.;:~eral F ...................... ============================================================= Council expressed their appreciation for the concis~::!?~~iii~epared by Staff;'"'""There was ================================================== a brief discussion concerning clarification of some 10. CITY COUNCIL REPORTS ............ ,:,:, ........ Councilmember Libby reported attendingliii!~iii~?~iilHouse ~i!!~ili~:~eting and a press release will be issued identifying a wing at the museum. Councilmember Baldwin reported t~::'the pa...:~ii~hre~::::ii~!6~:S of the aendocino County ..... :.:.:.:.:.:...:.~,:....... Inland Water and Power Commis..s...i~iihave ........... f~'sed on.:~'ajor capital projects. He will keep Council informed of the progres.~ii~whe~::.i~ will ne~?direction from Council with regard -.-.-.-.-.'.'.-.-.'.' .;:::;:::::::::':-:':-:-.- tovoting on funding these pr~ts. .?:ii!ii~iiiii~iI ....... ~iiiii~ili:: .~:~i~.. ii::ii::::i::ili~'' :::::::::::::::::::::::::::::::::::::::::: ..................... iiii:~?:ii::i?:::i! .... Councilm~ber Ashi ...................................................................... '*' ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. -.:.;.:.:.:.:.:.:.:.:.: ..:.:.:.:.:.* - .......-.*.........*...*.*.*...*.*.*...*. *.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. *.*.:.:.:.:.:.:.:.:.:.:.:.:. ================================================= -.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: -.-.:.:.:.:.:.- ... .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ................................................... ====================================================== ==================================================== · .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.. -.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.. Council~~iii?~.elly '~~iiii?~p~.tending a MCOG Transit Productivity Committee meeting wh~ili~i~i~as ........................ e~:~!~!~iiiipf MTA's efforts and performance to provide public transit within....::~~~iii~:~unty'?i!~::'discussed a funding formula whereby those projects lacking f~:!!ii~di'i~:~:~ili~!~::.:!o.............. DiStain assistance if they met the transportation needs in Mend~i~*o County, ~"~?~i~!i!?:~amounts of money would come to the cities for street and roi .d::ii~:provement proj~iiiii~e Committee decided to put that process on a one year hold an~ii~ose funds will n~ilbe~:~vailable until there has actually been a finalization of the fiscal Y~ii:: The net result !~ii~hat these funds will not be given to the City of Ukiah any longer for ~..t..'~..:t.:S and roads:.::~i::i~bwever, there is money available for streets and roads elsewhere. ...................... *****'*'*'* ....::!:!:i:!:!::" ~.~..ii!~~ii.i.i~;'nding a Ukiah Unified School District Board meeting yesterday with M~ii~ti~""and City Manager Horsley. The School District thought that matching funds would be available from the state to assist in funding the new elementary school at the Wards site. However, it was stated at the meeting that it has been determined that they are not eligible for matching funds, which was $7-$10 million. The process is not over and the School Board voiced their support for continuing with their partnership with the City. March 17, 1999 Page 18 of 19 She noted that the City Clerk provided her with a piece of history from a newspaper article dated July 1989 regarding skateboarding. Ten years later, the City continues to deal with the skateboard issue. Mayor Mastin reported attending the School Board, MTA, and NCRA meetings. 11. CITY MANAGER/DIRECTOR REPORT~ City Manager Horsley had nothing to report. 11-15 p.m. - Adjourned to Closed Session. 12:05 a.m. - Reconvened. ....~?: .... ======================================================================== .... i:i:i:i:i:i:~ .... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... 9h. Approval of Ground Lease with Communitv?:ffi!~'¥or 1.82~ii~~!!F:eet of Offi~: l~pace at the Ukiah Regional Airport No action taken. :~::::. .......... ...:?:i? .... .... ::::::::::::::::::::::::::::::: ....... ================================================= 12. CLOSED SESSION .................................................. *.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:., ·,:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,. a. (~.C. §54956.8-Conference With Real ~~ii~..(Iotiator Property: F.A.A. Building ~!iii::::i~ ........ ~?:ili~i~iiiiiiiiiiiiiii?iiiiii!ii!ii~iiiiiii?iiii~ii::i?:~ .... Owner: City of Ukiah ........ · ..::i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i::. ============================================= ..::!ii!i!!!i!!!i!i!i!i!i!i!i!i!i!i!i!i!i!i!i!i!iiii!::.. "::i:i:i:i:i:i:i:i:i:i:i:i:i:i:i::" Negotiator: Candace Horsley .... ~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ .... ~:~?:ii?~iii? .... Under Negotiation: Price and ~'s No action taken. ::?:? .... Property: 001-020-78 andiii:~-030-.~?' ........ ..::::::::::.. ......... ..i:!:i:i:!:i:i:i: ..... . ...... Negotiator: Candace H~§ley ::~ Un..d:...~[:.Negotiati0:~¢iiii:~i~.i~ and T~i!~!~:~nent Wiih Property Negotiator ...................................................·.~ ........................... U::p~r Neg~ii~!~i!!i~i[ice'and Terms of Payment 13~iiiiiiiiii' ADJOURNMEN~ .........,......... · :.;.:.:.:.:.;.:.:.,. ..:.:.:.;.:. ~~ being no fu~:~? business the meeting was adjourned at 12:05 p.m. :::::::::::::::::::::::::::::: ..::::::::::::- + :.:.:.:.:.:.:.:.:+:.:.:.:.:. .............. .................. ............. ...............-.-..--.-.-...-.-... ..::::::::::::::. ===================================================================== · ........l.......................l.....t ................... ..........~.................................... Ma~i:~:::~l~'i'la, City Clerk March 17, 1999 Page 19 of 19 ITEM NO. 6a DATE: APRIL 7, 1999 AGENDA SUMMARY REPORT SUBJECT: DENIAL OF CLAIMS FOR DAMAGES RECEIVED FROM KATHLEEN MCMINN, AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Kathleen M. McMinn was received by the City of Ukiah on March 26, 1999 and alleges damages related to a power outage on February 15, 1999 at 620 Joseph St. ~4. Pursuant to City policy, it is recommended the City Council deny the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Deny Claims for Damages received from Kathleen McMinn; and Refer It to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer~~~-)~,~..._~ Candace Horsley, City Manager 1. Claim of Kathleen M. McMinn, pages 1-4. APP ROVE :1~.~(~~.; '~ Candace Horsley, City h~nager mfh:asrcc99 0407CLAIM NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFOR This claim must be presented, as prescrfbed by Parts 3 and 4 of Division 3.6, of Title 1, State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CITY OF UKIAH At'tn: City Clerk 300 Seminary Avenue Ukiah, California 95482 ' ,5+., -¢ Number/Street ar/d/or Pos~ Office Box City State Home Phone Number MAR 2 6 1999 CITY OF UKIAH ClT~ CLERK'S DEPARTMENT Zip Code Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box Telephone City Sta~e Z/p Code 5. PLACE OF ACC/DENT OR OCCURRENCE, ~'"~(3 jo~ ~-~' ¢17/ ~l~;~/ ~04 ~'~ ¢' ~ '. I~l~ 6. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (A~ach additional page(s), if more space is needed): ._ ~ . . . ' ' -. . . .... , . ¢ ' ~ ~ .¥~1. ~,,i %/I ~ 1. NAME¢), if known, OF AN~ PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS; Se WITNESS(ES), ff known (optional): Nam · Address Telephone a. b. DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name Address Telephone b. 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR [O,~;S so far a~s it may be known at ~he time of presentation of the claim: ~e~c~q~_ ~ ,3 ~/'e, Y~L¢~ Jrfr~.- ~r, ~ ~ 11. STATE THE AMOgNT CLAIMED if it totals less than ten thousand dolla~ ($10,000) as o~ the date of pmsentafion of the claim, including the estimated amount of any p~s~ctive inju~, damage or loss, insofar _.as ~ may be known.at the ti~ of the pmsentation o~ the claim, logether with the basis of computation of the .. amount claimed (for computation use ~12 below). However, if the amount claimed exceeds ten thousand .... dolla~ ($10,000), no ~oltar amount shaft be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Superior CouP. Amount Claimed $. or Applicable Jurfsdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for:. - Gene~i da~rn'ages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: P,'=~pecfive general 'damages: $_ This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days affer the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. $1GN A TURE OF cLAImANT(S) Received in the Office of the City Clerk this ~-~ day of ' NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies tile requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rfghts or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 , 1128 SOUTH STATE STREET FREE '-' 'UKIAH, CALIFORNIA 95482 ESTIMATE -~ j Tdephone (7,07) 468-1371 70765 ~ . ~ I NAM60~ A~IANCE ~ / )ATE PROMISED .. NATURE O~ ~ ~ -- / SERVICE REOUE~ ~ ~ ' / THE 0EPOSI~ED PROPER~Y ~IS ~ ~ O¢ THE ACTUAL CASH VALUE AGAINST LOSS SERVICE TECH OCCASIONED BY THEFT FIRE OR RE COMME NDA ~ ION ~-~ ... ) AFTER NOTIFICAT,I~'N ANY IT£M LEFT OVER '30 DAYS WILL BE SOLD FOR SERVICES RENDERED NO EXCEPTIONS ...................................................... ~-:? ........... ~ ....... ........ L~:....C~....:.._'_ ..... .,L..: ;.' em ESTIMATED CHARGES INCLUDE SERVICE CALL, SHOP LABOR, REMOVAL, RE-INSTALLATION AND PARTS, IF UPON CLOSER SHOP ANALYSIS ADDITIONAL REPAIRS ARE NEEDED. YOU WILL BE CONTACTED FOR AUTHORIZATION TO COVER ~CHARGES IRECEIvED BY TECHNICIAN INVOICE WIRiTT~.N IY DATE CALLED / $ NOTE: If equipment Is returned at customer request 13efore authorized ~e ~s ~orm~. a ~gnos~s and ~a~h~ c~e or esh~te t~ of ~ _. w~ll ~ ~Oe 30 DAY LABOR- 30 DAY PARTS GUARANTEED ON ALL WORK PERFORMED ITEM NO 6b DATE: April 7, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY OF UKIAH'S PERS CONTRACT TO PROVIDE MILITARY SERVICE CREDIT AS PUBLIC SERVICE AND THIRD LEVEL OF 1959 SURVIVOR BENEFITS FOR LOCAL MISCELLANEOUS AND SAFETY MEMBERS. At its March 17, 1999 meeting, the City Council unanimously adopted a Resolution of Intention to Approve an amendment to the contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City Council of the City of Ukiah to provide Military Service Credit as Public Service and the Third Level of 1959 Survivor Benefits (Resolution No. 99-35). A first reading (by title only) of the Ordinance authorizing the amendment also took place by unanimous action at the March 17, 1999 Council meeting. Thirty days after adoption of the Ordinance, the proposed contract amendment will become effective. Staff recommends adoption of the Ordinance authorizing amendment of the PERS Contract to provide Military Service Credit as Public Service and Third Level of 1959 Survivor Benefits. RECOMMENDED ACTION: 1. Adopt Ordinance Authorizing an Amendment to the Contract Between the City Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not read and adopt Ordinance. 2. Refer to Staff for further information. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Ordinance Authorizing Amendment with attached Exhibit (Amendment to Contract) 3:~3er~oersamd2 CanOe Horsl(~y, City Man'~ger 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF UKIAH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Ukiah does hereby ordain as follows: SECTION 1 That an amendment to the contract between the City Council of the City of Ukiah and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2 The Mayor of the City of Ukiah is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3 This Ordinance shall take effect thirty (30) days after the date of its adoption, and shall be published as required by law in a newspaper of general circulation, published and circulated in the City of Ukiah, and thenceforth and thereafter the same shall be in full force and effect. INTRODUCED by title only on the 17th day of March 1999, by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. ADOPTED this 7th day of April, 1999, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk 3 :XperXpersamd.ord Ordinance No. Page 1 of 5 CalPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Ukiah ][[fl?i~ii~i~i ................................... ""~" :'~'~: ~ : The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective August 1, 1962, and witnessed June 4, 1962, and as amended effective January 1, 1973, January 2, 1983 and June 30, 1992 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs I through 12 are hereby stricken from said contract as executed effective June 30, 1992, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: . All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. . Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1962 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. PLEASE DO NOT SIGN "EXHIBIT ONLY" o . o o . Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); Co Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: EMPLOYEES WHO ARE PAID ON AN HOURLY, PER DIEM, OR WEEKLY BASIS WHILE BEING EMPLOYED ON A TEMPORARY, EMERGENCY OR SEASONAL BASIS. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Section 20965 (Credit for Unused Sick Leave). c. Section 21573 (Third Level of 1959 Survivor Benefits). d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). PLEASE DO NOT SIGN "EXHIBIT ONLY" e. Section 20516 (Public Agency and its employees have agreed to share the cost of the following benefits): Sections 20042, 21624/21626 and 20965 From and after January 2, 1983 the safety employees of Public Agency shall be assessed an additional 1% of their compensation for a total contribution rate of 10% pursuant to Government Code Section 20516. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. o Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 2, 1983. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. , Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: ao Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. bo A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C, A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of ,19~ BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMEN,,T SYSTEM BY ,,~,~'\~ (~,~ KENNETH W. MAR~:,~I~I. CHIEF ACTUARIAL & E_.~F~"C)YER SERVICES DIVISION PUBLIC EMP~ES' RETIREMENT SYSTEM \- CITY COUNCIL OF THE CITY OF UKIAH BY PRESIDING OFFICER Witness Date ,,.~<~¢" Attest: AMENDMENT PERS-CON-702A (Rev. 8\96) AGENDA SUMARY ITEM NO. 6c DATE: April 7, 1999 REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE EXECUTION OF A CONSULTANT CONTRACT OF LESS THAN $10,000 FOR THE PREPARATION OF A HABITAT ENHANCEMENT AND FLOOD CONTROL STUDY FOR ORR CREEK; AND APPROVAL OF AN ASSOCIATED BUDGET AMENDMENT SUMMARY: The 1998-1999 City budget contains $7,500 for the preparation of a Habitat Enhancement / Flood Control Study for Orr Creek. In November of 1998, staff sent Requests for Proposals (RFP) to twelve qualified firms who had engineering, hydrology, landscape architecture, biology, and plant ecology specialists on staff. Two firms responded to the RFP by indicating that they were not interested in preparing the study because of the limited budget for the project. The one local firm that was solicited did not respond to the RFP. Subsequent to the unsuccessful November RFP process, the firm of Brady/LSA reconsidered, and submitted a proposal to perform the study. Staff has reviewed the proposal and has concluded that the approach and eventual work products would meet the City's expectations for the project. The Brady/LSA proposal is $500 over the budgeted amount, and therefore staff is requesting a budget amendment to make up the difference. We believe that the budget amendment is appropriate because of the limited existing budgeted amount, as well as the fact that no other firm chose to bid on the project. Funds from the Community Outreach/Public Information account will be used to make up the difference. When contacted, a number of the uninterested firms remained uninterested even after learning that an additional small amount of funds may be available for the project. RECOMMENDED ACTION: 1) Receive report regarding the consultant contract of less than $10,000 for the preparation of a Habitat Enhancement and Flood Control Study for Orr Creek; and 2) Approve budget amendment decreasing account 100.1945.651.000 by $500, and increasing account 100.1501.250.000 by $500. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not receive the report, do not approve the requested budget amendment, and provide direction to staff. Citizen Advised: N/A Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager, Bob Sawyer, Planning Director, and David Rapport, City Attorney. Attachments: 1. Brady/LSA consultant contract 2. Budget worksheet Candace Horsley, (~ty Manager CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF A HABITAT ENHANCEMENT & FLOOD CONTROL STUDY FOR ORR CREEK This agreement shall be considered a contract, and is entered into on by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and Brady/LSA, a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Habitat Enhancement & Flood Control Study for Orr Creek, more particularly described in CONSULTANT's bid proposal, dated February 8, 1999, referred to as Exhibit "A", and attached to this agreement. The project has been revised to include only Orr Creek, so that references to Gibson Creek in the proposal are hereby deleted. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of such Survey which has been determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional services as described in Exhibit "A," which consists of the Bid Proposal from Brady/LSA, which is attached hereto and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a Habitat Enhancement & Flood Control Study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. /-/ 1.03 1.04 1.05 1.06 1.07 1.08 2.01 2.02 CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put their work product and hereby warrants that all findings, recommendations, working papers, and plans, shall be made and prepared in accordance with generally accepted professional practices. When the agreement calls for the preparation of documents and the Habitat Enhancement & Flood Control Study, they shall be in a form acceptable to the City. CONSULTANT shall bear the expense of all printing and reproduction costs until final reports are accepted by the CITY, at which time CONSULTANT shall turn over to CITY all documents. The delivery of any documents and the Habitat Enhancement & Flood Control Study subsequent to contract execution shall be consistent with the Bid Proposal identified as Exhibit "A." Extensions of the product delivery dates may be made only upon written consent by the CITY. Time is of the essence and of the utmost importance in the performance of the agreement. CONSULTANT shall deliver one (1) copy of the Administrative Draft Opportunities and Constraints Map and Conceptual Restoration Plan, three (3) copies of the Draft Opportunities and Constraints Map and Conceptual Restoration Plan, and three (3) copies of the Final Opportunities and Constraints Map and Conceptual Restoration Plan. All draft and final products shall be submitted to the CITY in reproducible form. CONSULTANT shall be responsible for attendance and participation at two (2) meetings consistent with the Bid Proposal identified as Exhibit "A." CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. /-2. 2.03 3.01 3.02 3.03 3.04 3.05 4.01 4.02 5.01 CITY will examine the required work products submitted by CONSULTANT and will communicate with CONSULTANT within ten (10) regular working days of receipt regarding the adequacy and acceptability of said products. ARTICLE III TERM OF AGREEMENT The term of this agreement shall be pursuant to the proposal submitted by CONSULTANT as contractor's bid response and in accordance with paragraph 1.05 above. This agreement may be extended on its same terms and conditions for a period not to exceed sixty (60) days, upon written agreement between the City Planning Director and CONSULTANT. The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." All work by CONSULTANT shall be completed pursuant to exhibit "A" and paragraph 1.05 above. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and consistent with sound professional practices. If CITY requests significant modifications or changes in the scope of this project, the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE IV COST OF SERVICES CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed $8,000.00. Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A." ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. 5.02 5.03 5.04 6.01 6.02 7.01 7.02 8.01 Payments to CONSULTANT shall be based on itemized invoices submitted by CONSULTANT, and shall not exceed a total of $8,000.00. Payments will be made by CITY within thirty (30) days of receipt of CONSULTANT'S invoice. If CITY substantially alters the scope of work to include additional analyses or tasks, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS All original materials associated with the Habitat Enhancement & Flood Control Study, together with such backup data as required by this agreement shall be and shall remain the sole property of CITY. CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non-employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and 8.02 8.03 9.01 suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies, maps, plans, and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES HOLD HARMLESS: The CONSULTANT shall, to the fullest extent permitted by law, indemnify and hold harmless the CITY, its officers, and employees against and from any liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury are caused by the active negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. 10.01 11.01 12.01 13.01 13.02 13.03 14.01 ARTICLE X INSURANCE CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. ARTICLE Xl GENERAL COMPLIANCE WITH LAWS It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. ARTICLE Xll INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE Xlll SUCCESSOR AND ASSIGNMENTS This Agreement shall be binding on each party's heirs, successors or assigns. Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members, shall complete the professional services covered by this agreement. ARTICLE XIV EXTENT OF AGREEMENT This agreement shall consist of this agreement, the bid proposal submitted by Brady/LSA dated February 8, 1999, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." 14.02 15.01 16.01 This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XV PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVl NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Senior Planner CONSULTANT/ CONTRACTOR: Brady/LSA P.O. Box 191275 Sacramento, CA 95819 ATTN: Dave Johnson, Project Manager 17.01 18.01 ARTICLE XVll DUPLICATE ORIGINALS This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XVlll FORUM SELECTION CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Candace Horsley, City Manager Date CONSULTANT/CONTRACTOR Sheila Brady, Principal IRS IDN Number Date Brady/LSA APPROVED AS TO FORM: David Rapport, City Attorney Date B R A D Y LSA February 8, 1999 Charley Stump, Senior Planner City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 RE: PROPOSAL FOR GIBSON & ORR CREEKS HABITAT ENHANCEMENT/FLOOD CONTROL STUDY Dear Mr. Stump: Brady/LSA is pleased to submit this proposal to prepare the Gibson & Orr Creeks Habitat Enhancement/Flood Control Study. Based on our phone conversations with you and information in your Request for Proposals, we have presented our team's qualifications and prepared a schematic work program for a creek restoration study that would provide the basis for development of an appropriate, more detailed, restoration plan. We are committed to having key personnel actively involved in the planning process. As we discussed at our meeting in January, Dave Johnson, former Facilities Director for Mills College, has extensive recreation planning and design experience and will serve as Project Manager. Sheila Brady, Principal-in-Charge, has directed the firm's award-winning open space and park projects for over a decade. Vanessa Bulkacz is trained in landscape architecture with an emphasis on resource management, and would serve as Assistant Project Manager. Brady/LSA has proven strengths working in sensitive and difficult habitats and riparian restoration. Both Sheila Brady and Dave Johnson are California-registered Landscape Architects. We understand that this project will require clear communication with concerned staff and agencies. We also understand that the study must be practical and feasible. The study needs to balance effective city flood control activities with protection and enhancement of fish, animal and riparian plant habitats. We understand the study will focus on three or four locations on each creek where city flood control maintenance occurs. The attached work scope and schedule show how this work can be completed within a linfited budget. Additional flood control hydrologists, biologists or riparian plant ecologists could be included in later phases as required. The initial study should clarify the issues and identify typical solutions for the creek improvements. If you have any questions, please do not hesitate to call Sheila Brady or Dave Johnson at the number listed below. We are available to begin work immediately, and look forward to developing a strong relationship with the City of Ukiah. O :\PRO PO,~LpSp79~KI AIq-2\UKI~HLT~. W~' D zz~5 ~'~rtn :~treet t~erKc~ey California 947~o Dave Johnson, ASLA Project Manager CA Land. Arch.//1753 5~o.54o.7331 Fax:5~o.54o.7344 e-mail: berkeley, lsa@lsa-assoc.c/~' ~ Attachment A PROPOSED WORK PROGRAM Following is a description of the tasks that will be undertaken for this project. Please refer to Table A-1 for a summary of the proposed tasks. 1. Project Initiation and Analysis 1.1 Kick-off meeting/Obtain and Review Information. ~lhis task will begin with a meeting with City of Ukiah staff (Client) to: clarify the scope of work, including potential revisions to the tasks, deliverables and schedule; clarify the Client's expectations; discuss currently known conditions, issues and concerns, including a discussion of how the six to eight areas of concern outlined in the RFP were previously identified; discuss potential restoration program and design ideas; and obtain available written and graphic materials including relevant documents, the City's General Plan, topographic maps and aerial photography. The client will coordinate a meeting/site tour with key individuals as identified by the Client to obtain critical input (e.g., Public Works Department, California Department of Fish and Game (CDFG). 1.2 Tour the Sites. After concerns and issues have been identified at the kick-off meeting, Brady/LSA staff, including staff stream restoration specialist, will walk the sites to map conditions and issues, identifying elements such as potential target species habitat locations. City and CDFG staff will also join the site tour to provide critical input regarding areas of special concern and opportunities. Input received from City and CDFG staff and information gathered in the site visit will be compiled diagrammatically onto a map of the area for use in generating the opportunities and constraints map. 1.3 prepare Base Map. Brady/LSA will compile a reproducible 11 x 17 base map from existing maps available from the City. The base map will show the six to eight project study area boundaries, including any existing on-site facilities and adjacent properties. This task assumes that available topographic information and aerial photography is sufficient for planning purposes. The base map will be used to create the opportunities and constraints analysis and the conceptual restoration plan. UAPROPOSAL\98079',UKIAlt-2\uki-2pro.m:o.wlxl (2/8/99) A-1 PROPOSAL FOR SERVICES ltABITAT ENtIANCEMENT/FLOOD CONTROL STUDY GIBSON & ORR CREEKS BRADY/LSA FEBRUARY 1999 2. Conceptual Plan and Preliminary Recommendations 2.1 Prepare Opportunities and Constraints Map. From input received from City and CDFG staff, as well as in the field, Brady/LSA will prepare an opportunities and constraints analysis on the base map. This analysis will outline areas for habitat enhancement, public access and potential locations for improvements. This analysis will serve as the basis for the conceptual restoration plan. 2.2 Review Opportunities and Constraints Analysis. The opportunities and constraints analysis will be presented to the City, CDFG for review and comment. Brady/LSA will present the analysis in a conference call workshop setting to facilitate discussion and constructive analysis. 3. Conceptual Restoration Plan 3.1 Prepare Conceptual Restoration Plan. The results of the opportunities and constraints analysis will be compiled to create a Conceptual Restoration Plan. This plan will show, on a conceptual level, potential habitat areas, restoration opportunity zones, potential access locations, and suggested improvements. Prescribed management measures will be linked to zones indicated on the plan, and will be generally described in a concise outline that will accompany the plan. Three (3) copies of the Conceptual Restoration Plan document will be provided, along with an 11" x 17" image of the physical plan. It will outline future steps needed to implement the Conceptual Restoration Plan with phasing options, long-term maintenance recommendations and protection strategies for the creek edges and sensitive riparian habitat. It is anticipated that, once it has been accepted by the City, the Conceptual Restoration Plan would serve as the basis for more detailed restoration planning, design, and working drawings in the future. 4. Costs Brady/LSA estimates that the restoration program described in this proposal can be completed for a cost of $8,000. This scope of work includes two meetings, an opportunities and constraints analysis, and a conceptual restoration plan, which will include a graphic and concise written component. Any additional meetings or interim products requested by the City could be billed on a time and materials basis. Brady/LSA is prepared to modify the Scope of Work as necessitated by the needs of the project. U:\PROPOSAL\98079~UKJAH-2\u ki-2pro.sco.wpd (2/8/99) A-2 /-/7.. EXHIBIT B INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with he performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE B. C. Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). , Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if CONSULTANT has employees who will directly or indirectly provide service or support CONSULTANT in his provision of services under the Agreement. MINIMUM LIMITS OF INSURANCE CONSULTANT shall maintain limits no less than: . General Liability: $1,0000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. o Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City of Bi Ukiah. At the option of the City of Ukiah, either the insured shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages ao bo c. do 1 1 The City of Ukiah, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance of officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Ukiah, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. Any failure to comply with reporting provision so the policies shall not affect coverage provided to the City of Ukiah, its officers, officials, employees or volunteers. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the City of Ukiah. All coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Ukiah. E. ACCEPTABILITY OF INSURERS Fi Gm Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERIFICATION OF COVERAGE CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All cedificates and endorsements are to be received and approved by the City of Ukiah before work commences. The City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTS CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. LU ~ 0.~ .- > > ~ ~'~ ._ ._ '= ~ ~ E ~ ~ ~ o 88 o 888888:88'888°,o o o 888 ooo 8888 oo 8 ~ ~!d ~ · ' ~ p° . . oo oo ~~ ~ ~ ~ ~ ~ 00~ ~ ~ 00~0 ~ ~0 ~ ~0 0 ~ 0 ~ ~~0~0~ ~ ~ ~ '~ . -: - .~ - . . , ...... , 000 ~ ~ 0000000'0000 ~ 0 ~ ~ ~ ~ ~ 000 ~ 0 ~ 00000 00 O00000000 O0000 ~ O0 O0 O000000 00000 0000 O00 O0000000000000 O000 O00 O0 O000 ~ dood~ddddddddddd~ddddddddddNd~dd~d ~ ~0~0~00~~ 000~ ~~~~ ~ 00~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ oo ~;~lOlO o o o o o o o o ~ ~ ~ ~ ~ ~ o ~0~ ~ ~ ~00~0~000000000000000 ~ ~~00 0000 0 ~ 0000 ~ · 0 0 I I I ~ I I I i I I 0 ~ 0 I I I I I I I I I I I I I I i I I I I ~ 000 0 000 0 ~ooo q ~ ~ ~ ~ 0 ~ ~~o o u ~00 O, 0 ~ ~ Oi 0 - 0 0 0 0 -I Eo 6d ITEM NO. DATE: April 7, 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PURCHASE OF USED FRONT END LOADER/TRACTOR FOR PARKS AND GOLF DIVISIONS FROM BIG FOUR RENTS The Fiscal 1998/99 budget includes $20,000 in the Parks 100.6001.698.000 and $15,000 in the Golf 695.6120.800.000 accounts for the purchase of a replacement front end loader/tractor. The current John Deere unit was purchased in 1974 and is shared by the two divisions for loading landscape materials, brush, and limbs, as well as landscape construction. During the process of securing bids for a new replacement unit, staff was presented with the opportunity to acquire a used unit which would result in savings of approximately $10,000. The subject unit is a 1997 Case Model 570 LXT with only 600 hours of use, which is basically a new unit for a front end loader of this type. The cost of a comparable new unit, as per the bid sheets provided in Attachment #2 is approximately $45,000 which is $10,000 more than budgeted. The new unit also does not include the "4 in 1" bucket and turf tires which would increase the total to more than $50,000. In order to secure comparable bids on other used units staff contacted several providers in the area and was able to locate only one other unit which met the minimum bid specifications. That unit was a Ford 445c with over 6,000 hours of use and significant damage to the protective canopy and front end from a rollover. While the cost of that unit is approximately $10,000 less than the tractor staff is recommending, the repairs and potential on going problems resulting from the damage, significantly reduce the value and safety of the unit according to Senior Equipment Mechanic, Dave Burnham. The bid sheet for the Ford unit is provided in attachment #3. Staff believes the proposed unit provides the necessary quality to meet the needs of the Parks and Golf operations and, at the used price, represents a significant savings over the budgeted resources. For these reasons staff is recommending purchase of the Case Model 570 LXT loader/tractor for the total price of $35,392.50 from Big Four Rents. Funds for the purchase are $15,000 from Account #695.6120.800.000 and $20,392.50 from Account # 100.6001.698.000 RECOMMENDED ACTION: Approve purchase of front end loader/tractor from Big Four Rents in the amount of $35,392.50. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine purchase of front end loader/tractor requires further consideration and remand to staff with direction. 2. Determine purchase of front end loader/tractor is inappropriate and move to deny purchase. Prepared by: Larry W. DeKnoblough, Community Services Director ~ 0 Coordinated with: Candace Horsley, City Manager Nora Kennedy, Purchasing Supervisor Attachments: 1. Big Four Rents Bid Sheet 2. GCS Western Power and Equipment Bid Sheet for new front end loader 3. GCS Western Power and/E~ipment Bid Sheet for Ford Model front end loader I I '~"~n~'ace H-orsl~y, Cit~Manager , ;()HTRAGT ilHVOICE If D/~; ~ AN[) TIMi~ IN Dh I E AHD -rim E ou'r [,3 j./' E't ;?: / ,'.it '::, ,~ ~:~ :; ,::-; ! '-, fei AL dJOIJRS I,I il ";i",H...I ,fl" . .......... I'1"(:'!H ~[;'!L.J ! !:'; i[:!:!",,l~l' ~',..,f>L.L.. ..... .ir)l; I IH)i'il' .......... )t il',,'l-l-i'i'l U ;(:'rli~i:: rlijffli~l I! Ii;/).IXl(-i -~-'H I'[qi i'ii li)X'l'[-~-.~ ...... ~-[~' I I~,~{-.:-~E IN .............................. I .......................... I,Z,,'".: / ,;~ :.:!; ," '::, ':, ':'.> ? :', i!.:' I1 Elvl:5. Il_L=. _N: I..[L I )_ ..... : . . ~ If' )N r.:liAf{9, E: ii('~[)f'q[f .... r'En DA PER WEEK PER 4 WEEKS I'' [ filliP' I I IIiY' I "f/Jill OWH ill'.{Jl;ifi'.? rrl:iy f.:IJVO[ :ill (fl Ii;id vf y?,lr I,rl;irlr;r;tl r(, ,p:)nsi[.)dily J(Jl lb0 I,.'ld(;d prop0rty. You Shollhl chock with youl insurer!ce conipall¥ 1o hHrl our r:l,r,,;I y)llr fJ()vql~l(Jf~ ['¢)[ ;ill ;t!J~Jilif)lial lee of 10];) el {tie lot;it rr?lllqJ, Or a fixed amount, Biff 4 Rents agrees to waive claims fei "[_)^M^GE WAI',/EI'I GUIDE" BP, OCIIUI'IE. D^F~t~.C;E WAIVER IS OPIIONAL YOU (:AN ACCEPT IT O!t DECLINE IT. J );flll.,Cl¢.,]r) 'f'j~,Jj,'!l t,iol~r:tiorl is I~)I ilF;lll;tll(:q ~-tlllJ ollly (:OW!IS lell~lir of replacr~lr~en! COSTS to Big 4 Rents equipmerrt. Damage WRiver does not r:, ~.'r'r in?ti', , !,~ ,,r,llr'rff, nr~r d '-~ il p~'flq,'l y:,! h,'m lin, mjil~, hlougld t)y r~lhel pemons for injulie~ or properly damage restlllitlg flora yotll u-r) ¢¢I 11~¢, ¢ ':l!,t:-rtt ¥()u Itl;tV "i'Jt I~' C~'I:,HII ye, Ir I[ICtll:HIf;r' ;i(IQlit It') fJol.')rlrfill~ whether' or not yollr ilisiil;]nce policy will covm your use of CUSfO;,1Fi'! PCCEP ES D^P~^Gr; WAIVIEI'h ~ CIISIOMER DECLINES DAMAGE WAIVER: . YOU ARE Iry'?,l'Of?,!gLE FOR Al i. P"**,',OE Ir,)THE RFHIFI) EQUIPt/IEH1. PI.E^SE READ PARAG11AF'II 1 A11OVE Aitl] PARAGRAPtlS 5 AND 6 O1',,I 'ftlE [;r:"EIqSE SIDE el 'l!ll'3 COfIIrlACT. , :.,.rli{ iL :',;r`:'J :; [;Lti'i'; :;l/liS I{1: l,q, ,¥L:i[:f,J1- OF AND AUfI4(?RIZED TO SIGH FOR I:3{ '.~}', :1. DELIVERY COPY · :: C) [',l 'l" l.:: (q r :;"[' I :[.: r:.' O:: r f GCS ,POWER ~ EQUIPMENT CITY. OF UKIAH PARKS DEPT UKIAH, CA. 95482 FEBRUARY 5. 1996 A-i-I-N: TOM HAMBLET SUBJECT: BUDGET QUOTE FOR ONE CASE LOADER EQUIPPED AS FOLLOWS. ONE EACH CASE 580L XT ,SERIES 2 LOADER/LANDSCAPE TRACTOR, CASE 4-390, 239 CU. IN. DIESEL ENGINE (~ 73 NET H.P., 2 WHEEL DRIVE= GANNON 4X2 LANDSCAPE BOX, 4 IN 1 LOADER BUCKET WITH 3 BOLT ON CUTTING EDGES (~ I CU. YD., ROPS CANOPY WITH, DELUXE SUSPENSION SEAT WITH 3 INCH SEAT BELT, 3! GALLON FUEL TANK, AND A TOOL BOX. TiRE SIZES: FRONT 11L X16 10PR F3 TYPE TREAD. REAR 16.9 X 24 TURF TIRES I.L,O. THE STANDARD 17.5LX24 10PR R4 TREAD. PRICE: $42,200.00 SALES TAX (~ 7.25%: $3,059.50 TOTAL: ,~5,259.50 OPTIONAL ITEMS: ,SIMS WINDSHIELD. $650.00 * TAX (~ $47.13 -- $697.13 RIDE CONTROL. $1,1 00.00 * TAX (~ $79.75 = $1,179.75 THANK YOU __,.~., ...... MARK PROTINE GOVERNMENT SALES ~-9,' Regional parkway ' Santa Rose. Ca. ~209" Telephone: (707) 544.96~ · Fax-. (707) 544.9146 1751 Bell Avenue o Sacramento, CA 95838 · Telephone: (916) 649-0096 · Fax: (916) 649-0584 ° Toll [=tee (800) 541-0008 1041 South Pershing Avenue- Stockton. CA 95206 o Telephone: (209) 464-9600 · Fax: (209) 464-9647 * Toll Free; (800) 69:~-3460 GCS POWER & EQUIPMENT · - 'l ()I,!AI',J Il I Y TRADE IN [OUIPMENT 3433-B Regional Parkway o Santa Rosa, CA 95403 · JBUSINESS PI'tONE MAKE, MODEL. DESCRIPTION ALLOWANCE Purchaser hereby bargainS, se!!s and conveys unto Seller the above described Trade-in Equipment and warranls and cerlifies il to be Iree and clear el liens, encumbrance, and securily inleresls except Io lhe extenl shown below. I. lrade Allowance II. Less Amount Owed III Nel Trade Allowance (I - II) IV. CTHER {Specify) V. Trade [)own Paymenl (707) 544-9600 IC. OLrNT V SI'RIAL NUM~EFb' ATTACHMENT T!qANSPC~RTAT ION EXPENSE C A.c,H PRICE TOTAL PRICE ~ '~'~=~."~"~ t This is a cash Iransaclion. If the Pu~haser so requesls prior Io acceptance, the Cash Due on Delivery may b~ finonced as a lime sale transaclion, suDjec1 credil approval. I~ Ibis transacbon becomes a lime sale, Purchaser agrees (1) lo make paymenls pursum~l lo the Weslern Accounls Receivable Syslem Agreemenl. which is incorporaled ~nlo Ibis Pu~hase Order by ~eJerence. and [2) thai Selle~ retains a secunty inlerest in the goods described herein unhl obligations o~ Purchaser are paid in full and discharged 1 CASH PRICE 2. CASH DOWN PAYMENT TRADE DOWN PAYMENT TOTAL DOWN PAYMENT u.~'A~o C^S, ~'R,CE ENTER 'Z.__~_,/o SALES TAX $ OTHER FEES OR CJtARGES S TOTAL TAXES & FEES (6 ~- 7) ' CASH DUE ON DELIVERY (5 + 8) 17 Z'T. ~4L, WARRANTY ON EQUIPMENT Warranty coverage on Ihe equipment covered by this order, if any, has been explained to purchase¢. I he warranty coverage is outlined below and ind~caled by the box checked. [--1 NEW CASE PROI)LICF WAItHAN IY or qualified new Case warranty. Il qualified, the period is mo. ihs. WAIqRANllES I'HOV~DEE) RY 1-11[! SELLER ON NF_W PHOOUCTS SItAI.I DE GIVEN 10 I~I, II~CIIASER UNDER SEPARATE AGREFMI NI, 1ill_-- RECEIPI WHEflEOF IS HEREBY ACKNOWLEDGED BY PURCHASER. [~_] NEW - Olher manufactuler's warranty. F'--1 USFD- When lhe equipmenl covered by this o~'der is used equipmenl, THE PURCHASER STATES TttAT HE I I^S EXAMINED THE EQUIPMENT and is buying equ,pmen[ AS IS and with HO REPRESENTATION OR WARRANTIES, unless otherwise specilied in writing below. THE ADDITIONAL 1' E'RMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF ARE A PART OF THIS CONTRACT AND ARE INCOFtPORATED HEREIN BY REFERENCE NOTICE TO PURCHASER 1. Caution. Do not sign this contract before you thoroughly read both sides of it or if it contains blank spaces, even il otherwise advised. 2. You are entilled to an exact and completely filled in copy of this Contract when you sign it. Keep it to p[olect your legal rights. 3. General Manager signature required for final acceptance of Purchase Order. PURCHASER'S ACCEPTED BY SIGNATURE Gmaer al Managm' Dale Dale 20'd i Yt2:BO 66-9[-qe~ AGENDA SUMARY ITEM NO. 8a DATE: April 7, 1999 REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING ARTICLE 21 (DEFINITIONS) OF CHAPTER 2 (ZONING) OF THE UKIAH MUNICIPAL CODE SUMMARY: Staff has substantially revised the Zoning Code definitions (Article 21) to reflect current planning practices and principles, and to include new terms used in the text of the recently revised Zoning Districts. In addition, a number of antiquated terms have been deleted because they either do not appear in the text of the Zoning Code or are outdated and have been replaced with more modern terms. Origin of Definitions: A number of the definitions have been carried over from the existing Article, and others have been taken from professional planning literature, documents, resources produced by the American Planning Association, and Zoning Codes from other jurisdictions. In a few cases, we used Webster's Dictionary to define terms that we could not find in planning related resources. Importance of Definitions: Having up-to-date definitions of zoning terms is important for a variety of reasons. First, it allows the user to fully understand the regulations, particularly for allowed and permitted land uses. Second, they provide an explanation of basic planning terminology, which is extremely valuable to the general public. (Continued on Page 2) RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce by title only the Ordinance amending Article 21 of Chapter 2 (Zoning) of the Ukiah Municipal Code. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not introduce the Ordinance, and provide direction to staff. Citizen Advised: Legal notice published according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: 1. Ordinance amending Article 21, Chapter 2 of the Ukiah City Code. 2. Planning Commission Staff Report, dated March 10, 1999 3. Planning Commission minutes, dated March 10, 1999 APPROVED: Candace Horsley, C~y Manager 1 Planning Commission Meeting On March 10, 1999, the City Planning Commission conducted a public hearing and considered the proposed revisions to the Zoning Code definitions. At the conclusion of the hearing, and after considerable discussion, they voted unanimously to support the revised definitions, and to recommend City Council adoption of the Ordinance. The Planning Commission made a number of modifications to the zoning terms that staff fully supports. These changes are reflected in the attached March 10, 1999 Planning Commission minutes, and have been incorporated into the proposed Ordinance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 2'1, CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH MUNICIPAL CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9260 of the Ukiah Municipal Code, Division 9, Chapter 2 (Zoning) is amended by revising Article 21 (Definitions); as indicated on Exhibit "A" attached to this Ordinance. SECTION TWO The amendments to Article 21 of Chapter 2 of the Ukiah Municipal Code include revisions to the Zoning Code definitions to reflect current planning practices and principles, and to include new terms used in the text of the recently revised Zoning Districts. In addition, a number of antiquated terms have been deleted because they either do not appear in the text of the Zoning Code or are outdated and have been replaced with more modern terms. SECTION THREE This amendment to Article 21 of Chapter 2 of the Ukiah Municipal Code is necessary to ensure that the City has up-to-date definitions of zoning terms to allow users to fully understand the regulations, particularly for allowed and permitted land uses, and to provide an explanation of basic planning terminology, which is extremely valuable to the general public. SECTION FOUR This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. ORDINANCE NO. Page 1 of 2 /-/ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page 2 of 2 EXHIBIT "A" Chapter 2 ZONING ARTICLE 21. DEFINITIONS Sections: 9275 Purpose 9276 Application 9276 Terminology 9278 Definitions 9275 Purpose. The purpose of this Article is to provide clear and concise definitions to the terms and phrases contained in Chapter 2 (Zoning) of the Ukiah City Code. 9276 Application. The meaning and construction of words and phrases defined in this Article shall apply, except where the context clearly indicates a different meaning or construction. 9277 Terminolo_cly. A. All public officials, agencies, and regulations referenced in this title are those of the City of Ukiah unless otherwise indicated. B. "Building Official" means the person designated by the Uniform Building Code, as adopted by the City, as responsible for enforcement and administration of the building code. C. "Section" means a numbered division of this Article containing the basic provisions of a general topic; e.g. the zoning ordinance basic provisions. Do City of Ukiah. E. F. G. "Commission" or "Planning Commission" means the Planning Commission of the "Council" or "City Council" means the City Council of the City of Ukiah. "County" means the County of Mendocino, State of California. "D~partment" means the Planning Department of the City of Ukiah. EXHIBIT "A" Ordinance No. Page 1 of 19 H. "Director" means the Planning Director of the City of Ukiah, or a designee thereof. I. "Federal" means the government of the United States. J. "General Plan" means the Ukiah General Plan as adopted by the City Council. L. "State" means the State of California. 9278 Definitions. A. Any words or phrases not defined within this Article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the City Planning Director shall have the authority to define the term or equate it to a defined term that is similar in nature. B. For purposes of this Article, the words and phrases set out herein shall have the following meanings: (1) in common. Abuttinq or Ad|oinin_cl. Having lot lines, parcel lines or strict boundaries (2) same property. Accessory Buildin_cl. A building accessory to a primary building on the (3) Accessory Uses. Uses which are typically associated with and subordinate to the permitted or conditional permitted principal use. Accessory uses and structures are subject to the same regulations as apply to principal uses in each zoning district, except as may be otherwise provided. (4) Addition. Any construction which increases the size of a building or structure in terms of site coverage, height length, width or gross floor area. (5) Administrative Services. Offices, administrative, clerical or public contact services of public agencies that deal directly with the citizen together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county, City, and special district offices. (6) Adult Entertainment Business. Adult book and video stores, adult motion picture theaters, cabarets, and similar uses. (7) Agent of Owner. Any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner. (8) Agricultural Processing. The processing, treatment or remanufacture of agricultural products on a commercial basis. Typical uses include wineries, packing and canning plants, feed lots, and livestock auction yards. (9) Agricultural Sales and Service. Sale of feed, seeds, grains, fertilizers, pesticides, and similar agricultural products, or provisions of related agricultural services. Typical uses include feed and grain stores and agricultural supply services. (10) Alley. An accepted public thoroughfare of insufficient width to be considered as a street and which affords only a secondary means of access to abutting property. EXHIBIT "A" Ordinance No. Page 2 of 19 /-4 (11) Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or a change in the relative position of buildings or structures on a site or a substantial change in appearance of any building or structure. (12) Animal Production. Raising of animals or production of animal products such as meat, eggs or dairy products. Typical uses include grazing, ranching, dairy farming, and poultry farming. (13) dwelling units. Apartment House. A building that contains three (3) or more individual (14) Attached. Joined in any manner to any structure. (15) Automotive Dismantling. See definition assigned to scrap and salvage services. (16) Automotive Sales and Service. Sale, servicing and repair of motorized vehicles. Typical uses include new and used care dealerships, motorcycles or recreational vehicle dealerships, parts stores, and repair facilities including muffler shops, wheel and brake shops, body and fender shops, and similar services, but excluding dismantling or SCRAP AND SALVAGE operations. (17) Average Slope. The mean average amount of fall or rise of property between its setback lines. (18) Aviation Facilities. Landing fields, and related aircraft parking and service facilities, including aircraft servicing, fueling, repair, storage, charter, sales, and rental. (19) product served. Bar. An establishment at which alcoholic beverages are the main (20) Bed and Breakfast. Any building or establishment or portion thereof providing six (6) or fewer guest bedrooms for a lodging fee, which may include meal service in a common dining area, and which do not include cooking facilities in the guest bedrooms. (21) Buildinq. A structure having a roof supported by columns or walls, for the shelter, support, or enclosure of persons or property. (22) Building Site. Any area of a lot suitable for constructing a building or buildings. (23) Business Office. An office where work is performed in the buying and selling of commodities or service or an administrative office. (24) Business or Trade School. A use providing education or training in business, commerce, language, or other activity, and not otherwise defined as a home occupation, college or university, or public or private educational facility. Typical uses include business schools and barber or beauty colleges. EXHIBIT "A" Ordinance No. Page 3 of 19 (25) Business Services. Sale, rental, or repair of equipment, or provision of services and supplies typically used by other commercial or industrial uses. Typical uses include janitorial and building maintenance services, office and commercial equipment supply firms, and printing shops. (26) Cabinet Shop. See definition assigned to manufacturing, light. (27) Campground. A facility of two or more spaces providing camping; and including parking facilities or incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks. (28) Carport. A garage enclosed or partly enclosed by no more than one side. (29) CarWashin.q. Washing and cleaning of automobiles and similar vehicles and equipment. Typical uses include self service and mechanical car washes, equipment cleaning facilities, and detailing services. (30) Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. (31) Change of Use. The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, name, or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged. (32) Chapel. A building or portion of a building used for worship that is incidental to a residence or institution. (33) Child Day Care (small and lar_~e family). (see Day Care Homes). (34) Church. A building for public worship and religious assembly. (35) Club or Lodqe. Assembly, recreational, social, and administrative facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include fraternal organizations and private social clubs. (36) Cocktail Loun_~e. A use licensed by the state for preparation and sale of alcoholic beverages for consumption on the premises, including taverns, bars, and similar businesses. (37) Commercial Coach. A structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code. (38) Commercial Recreation (Indoor). Establishments primarily engaged in sports, entertainment, amusements or recreation services, conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, amusement arcades, skating rinks, health or sports clubs, motion picture theaters, meeting halls, and dance halls. EXHIBIT "A" Ordinance No. Page 4 of 19 (39) Commercial Recreation (Outdoor). Establishments primarily engaged in provisions of sports, entertainment, amusement, or recreation, conducted in open or partially enclosed facilities. Typical uses include miniature golf, driving ranges, and golf courses, swimming and tennis facilities, sports arenas, and similar outdoor activities. (40) Common Area. An area held, designed and designated principally for the use by all the owners or occupants of a mobile home park cluster subdivision, condominium or other unified development project. (41) Community Care Facility. Any facility, place or building which is maintained and operated to provide nonmedical residential care, adult day care, intermediate care, congregate living, health care, or home-finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired or incompetent persons and does not include drug recovery facilities. (42) Community Garden. A public garden tended and maintained by members of the local community. (43) Compostin~. A controlled microbial degradation of organic waste yielding a humus-like product of potential value as a soil conditioner. (44) Conditional Use Permit. A discretionary permit issued by the City which is required for certain projects that are allowable by special permit only. A conditional use permit imposes conditions on a project which are designed to assure compatibility with the City General Plan, the City zoning ordinance, and to minimize impacts to neighboring land uses. (45) Condominium. An individually owned dwelling unit located within a multiple-unit structure or complex of structures. (46) Construction Sales and Services. Sale of building and construction materials, or provision of contracting and construction services. Typical uses include building materials centers, lumber yards, tool and equipment rental services, and contracting services. (47) ConsumerRepairServices. Repairservices primarily serving individuals and households, but excluding automotive and equipment use types. Typical uses include appliance repair, watch or jewelry repair, electronic and musical instrument repair, shoe repair, and tailor or seamstress shops. (48) Convalescent Services. Provision of bed care and inpatient services for persons requiring regular medical attention, but excluding surgical and emergency medical services, care of alcoholism, drug addiction, mental disease, or communicable disease. (49) Convenience Storage. Storage facilities primarily for storing personal effects, household goods, and business materials, generally within enclosed or screened storage areas, but excluding uses such as workshops, hobby shops, manufacturing or other commercial activity. Typical uses include mini-storage and mini-warehousing. (50) Covera_~e, Building. The area of a lot covered by buildings or roofed areas, but excluding incidental projecting eaves, balconies, or similar features, and also excluding ground level paving, landscaping or outdoor recreational facilities. EXHIBIT "A" Ordinance No. Page 5 of 19 (51) Coverage, Impervious. The area of a lot defined as building coverage plus the area occupied by impervious structures or features such as pavement, walkways, or swimming pools. (52) Crop Production. Growing and harvesting of tree, mw or field crops, or horticultural specialties, including incidental packing and processing. Typical uses include orchards, vineyards, and wholesale plant nurseries. (53) Cul-de-sac. A street or road which physically connects to other streets or roads only at one end. (54) Cultural Services/Facilities. A library, museum, or similar use affording preservation and exhibition of objects of artistic, scientific, or historic interest. (55) Day Care Home Facility. A facility which provides nonmedical day care of less than twenty-four (24) hours per day for children under eighteen (18) years of age. (56) Day Care Home (Lar_~e Family). A child day care home facility in the provider's own home which provides child day care for seven (7) to fourteen (14) children inclusive, including children under the age of ten (10) years who reside at the home. [H.S.'1596.78]. (57) Day Care Home (Small Family). A day care home facility in the provider's own home which provides family day care for eight (8) or fewer children, including children under the age of ten years who reside at the home [H.S. 1596.78]. (58) Density. The number of dwelling units per gross acre. (59) Detached. Fully separated from any other building or structure or joined to a building or structure only by structural members not constituting an enclosed or covered space. (60) Development. The placement of any solid material or structure change in the density or intensity as defined in this section, of use of land; and construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public, or municipal utility; including grading, dredging, mining, or other significant earthwork. (61) Discretionary Permit or Project. A permit or project which requires the use of judgment or deliberation when the City decision-making body decides to approve or disapprove a particular activity, as distinguished from situations where the decision-making body merely has to determine whether there has been conformity with applicable statutes, codes, or regulations. (62) District or Zoning District. A specific land area delineated on the zoning map assigned and regulated by an established zone. (63) Drive-In Service. A feature or characteristic of a land use involving the sale of products or provision of services directly to occupants in vehicles, including drive-in windows and drive-through services such as mechanical automobile washing. (64) Driveway. A surface area providing vehicular access between a STREET and an off-street parking or loading space. EXHIBIT "A" Ordinance No. Page 6 of 19 (65) Duplex. A two-family dwelling unit. (66) Dwellin~ Group. A group of three (3) or more single family residences or two (2) or more detached duplex buildings or multiple dwellings occupying a parcel of land in the same ownership and having any yard or court in common. Dwelling group does not include motels. (67) Dwelling Unit. A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. (68) Dwelling Unit, Secondary. A secondary residential building providing complete independent living facilities, including cooking facilities, located on a parcel in the R-1 Zoning District that has been developed with a primary single family residence. (69) Easement. A right given by the owner of land to another party for specific limited use or enjoyment of that land. (70) Educational Facilities. An elementary, secondary or higher learning facility, whether public, private, or parochial in ownership, which offers instruction in branches of learning required to be provided in public educational facilities of the State of California. (71) Enclosed. A roofed or covered space fully surrounded bywalls, including windows, doors, and similar openings or architectural features, or an open space of less than one hundred (100) square feet fully surrounded by a building or walls more than eight (8) feet in height. (72) Enlargement. An addition to the floor area of an existing building, or an addition of another building on a lot or parcel. (73) Equipment Repair. Repair of trucks, tractors, construction equipment, agricultural implements and similar equipment. Typical uses include truck repair, tractor, and farm implement repair services, and machine shops, but exclude dismantling or salvage operations. (74) Establish. The originating, founding, instituting or creating of any USE consistent with this title on a lot or parcel. Typically, uses requiring the receipt of a building permit for construction and for which substantial costs have been incurred by the permittee shall be deemed established. Uses not requiring a building permit are deemed established when the use is legally placed on the subject property, e.g. in the case of a use permit authorizing the keeping of livestock animals, the use is established when the animal is legally placed on the property. (75) Family. An individual, or two (2) or more persons living together as a single household within a dwelling unit. (76) Financial Services. Establishments primarily providing financial and banking services. Typical uses include banks, savings and loan institutions, credit and lending services, and similar services. EXHIBIT "A" Ordinance No. Page 7 of 19 /-? (77) Floor Area, Gross. The total enclosed area of all floors of a BUILDING, measured to the surfaces of exterior walls, including halls, stairways, elevator shafts, service and mechanical equipment rooms, light wells, courts, and basement, cellar or attic areas deemed usable by the building official or habitable by the Uniform Building Code. (78) Floor Area, Net. The total interior floor surface of a dwelling unit or other unit of building area, measured to the interior surfaces of the bounding walls of the unit, excluding hallways, stairwells, service areas, and utility and mechanical equipment rooms not exclusive to the unit. (79) Floor Area Ratio. The ratio of gross floor area on a lot to the gross lot area. (80) Florist. One who sells and/or grows for sale ornamental plants, flowers, and other related plants and items. (81) Food Sales. Retail sale of foods or household products predominately for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops. (82) Funeral Home. Provision of undertaking and funeral services, including preparation of burial, cremation, and conduct of funeral services, but excluding cemeteries or mausoleums. (83) Garaqe. A building or portion of a building constructed for the primary use of the noncommercial storage of motor vehicles. (84) Garage Sale (Residential). Any sale (garage, yard, moving, patio, etc.) of used clothing, furnishings or miscellaneous items on a residential lot, not to exclude arts and crafts, for periods not to exceed forty eight (48) hours twice yearly; otherwise the activity shall be deemed an outdoor sales establishment. (85) Grade. The lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk at a point where height is to be measured. (86) Guest House An accessory building containing a sleeping unit without kitchen facilities, and used to house occasional/temporary visitors which are nonpaying guests of the occupants of a primary dwelling unit on the same site; and containing a floor area of six hundred forty (640) gross square feet or less. (87) Guidance Services (General). Provision to seven (7) or more individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or day care basis. (88) Guidance Services (Limited). Provision to six (6) or fewer individuals of counseling, guidance, vocational or recuperative services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or day care basis. (89) Hazardous Waste. A waste, or combination of wastes, which due to its quantity, concentration, or physical, chemical, or infectious characteristics may either: EXHIBIT "A" Ordinance No. Page 8 of 19 (a) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness. (b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed. [G.C. 66714.8] (90) Hazardous Waste Facility. Any structure, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. [H.S. 25117.1] (91) Heavy Processing Recycling Facility. A building or enclosed space used for the collection and processing of recyclable materials occupying an area greater than 46,000 square feet of gross area and averaging more than two (2) outbound truck shipments per day. (92) Heiqht. The vertical distance from grade to the highest point of the structure excluding chimneys, vents, and similar architectural or mechanical features. (93) Home Occupation. An accessory commercial activity or business service, conducted on the site of a dwelling unit by the inhabitants thereof, in a manner clearly incidental to the residential character of the site, and which do not include exterior alterations to the structure, no display, no employees other than family members, and no vehicles or mechanical equipment used or stored on-site. The Home Occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater degree usually experienced in an average residential occupancy under normal circumstances. It shall not include activities that are limited solely to the use of a desk, telephone, and personal computer. The following uses are not home occupations: auto repair or dismantling, medical or dental offices, retail sales, commercial kennels, restaurants, equipment repair involving outdoor storage of equipment, and other similar uses. (94) Homeless Facilities. A building or group of buildings designed or adaptable for human occupation operated by a public agency, not-for-profit organization, or charitable organization to provide emergency or temporary shelter for homeless or displaced persons. (95) Homeless Facility (Small). A homeless facility for twelve (12) or fewer persons, plus a maximum of two (2) permanent, live-in staff. (96) Homeless Facility (Large). A homeless facility for thirteen (13) or more persons. A homeless shelter is considered a large homeless facility. (97) Homeless Facility Zone. One (1) of four (4) zones into which the City is divided for the purpose of siting homeless facilities. The zones are as follows: a. Zone 1: Perkins Street North, which includes the entire City north of Perkins Street. b. Zone 2: Perkins Street-Gobbi Street, which includes Perkins Street and the entire City to the south side of Gobbi Street. c. Zone 3: Gobbi Street West, which includes the entire City west of the center line of State Street and south of Gobbi street. EXHIBIT "A" Ordinance No. Page 9 of 19 d. Zone 4: Gobbi Street East, which includes the entire City east of the center line of State Street and south of Gobbi Street. (98) vegetables. Horticulture. The art or science of growing flowers, shrubs, fruits, and (99) Hospital/Hospital Services. Provision of medical, psychiatric, orsurgical services for sick or injured persons primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and incidental services to patients, employees, or visitors. Hospitals include nursing home, convalescent home, mental institution, or institution for treatment of persons addicted to the use of drugs. (100) Hotel. Any building that contains seven (7) or more guest rooms, used, designed or intended to be used as a lodging facility for compensation. Hotel differs from MOTEL in that automobile storage space serving the rooms is not provided, and the facility is not necessarily intended for transient automobile travelers. (101) Industrial, Light. Low intensity industrial and related manufacturing activities. Does not usually involve the use or storage of highly flammable or explosive materials, or the processing of raw materials. Typical uses include the manufacturing and assembly of electronic instruments, devices, and appliances, furniture manufacturing, bottling plant, and garment manufacturing. (102) Industry, Basic. Processing ofraw materials and manufacture ofproduct predominately from extracted or raw materials, or a storage (or manufacturing) activity involving flammable or explosive materials or involving processes with potentially hazardous or commonly recognized offensive conditions. Typical uses include rock, sand and gravel processing and lumber mills. (103) Intensity. The percentage of the developed area of a SITE devoted to the various land uses stored, planted, constructed or placed on the subject property. (104) Internal Street. A roadway within a private development. (105) Junk. Any worn out and discarded material in general, including motor vehicles which are dismantled in total or in part. Junk does not includes bones, rubbish, or putrescible matter. (106) Junk Yard. An area containing more than two hundred (200) square feet used for the storage of junk. (107) Kennel. Any lot, building, structure, or premises whereon or wherein five or more dogs or five or more cats, over the age of four months are kept or maintained for any purpose. Kennel definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter. (108) Kiosk. A small light structure with one or more open sides used frequently for displaying information and news, and for coffee disbursement. EXHIBIT "A" Ordinance No. Page 10 of 19 (109) Landscaped. An area predominately developed with plant material or natural landscape features, including lawn, ground cover, gardens, trees, shrubs, or other plant materials. Landscaped areas may include supplemental features such as pools, fountains, lighting, irrigation systems, and sculptural elements. (110) Large Collection Recycling Facility. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public occupying an area of generally more than 500 square feet and may include permanent structures. The facility may include a mobile unit, bulk reverse vending machines kiosk type units, and unattended containers for donation purposes. (111) home (large family). Large Family Day Care Home. See definition assigned to day care (112) Laundry Services. Provision of laundering, dry cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, and commercial linen laundry and supply services. (113) Laundromat/Launderette. A self-serve coin operated laundry facility. (114) Light Processinq Recvclinq Facility. A building or enclosed space used for the collection and processing of recyclable materials having less than 45,000 square feet of gross area and a maximum of two (2) outbound truck shipments per day. The facility shall not include shredding, compacting or baling of ferrous materials. (115) Liquor Sales. Establishments licensed by the state for retail sales of alcoholic beverages for consumption off the premises. Typical uses include liquor stores, bottle shops, or any licensed sales for offsite consumption. (116) Loadin_~ S~3ace. An area used for loading or unloading of goods from a vehicle. (117) Lodge. The meeting place of a branch of an organization such as a fraternal organization. (118) Lot. A parcel of real property with a separate number or other designation shown on a record of survey, parcel map, or subdivision map recorded by the county; or a parcel legally created pursuant to applicable regulations in effect prior to the effective date of this code. (119) Lot Area, Gross. The total area within bounding lot lines, including any easement or right-of-way located within the lot lines. (120) Lot Area, Net. The net area within bounding lot lines, but excluding any portion of a flag lot providing access to a street, and excluding any public or private easement or right-of-way providing access to another lot. (121) Lot, Corner. A lot having front and side property lines abutting two separate streets, roads, or public road easements, not including alleys. (122) Lot Coverage. The total area of a lot covered with structures. EXHIBIT "A" Ordinance No. Page 11 of 19 (123) Lot Depth. The distance between the midpoint of the front lot line and the midpoint of the rear lot line. (124) Lot or Parcel Line. A line or series of connected line segments bounding a lot or parcel. (a) "Front line" shall mean any lot line contiguous to a street from which access is provided to a lot or parcel. (b) "Side line" shall mean any lot line which intersects a front line. (c) "Rear line" shall mean any lot line which is not a front line or side (125) or road easement. Lot, Through. A lot having front and rear lines abutting a street, road (126) Lot Width. The distance between side lot lines, measured along the front setback line, except lots facing cul-de-sacs which shall have a lot width equal to the arc distance measured along the front setback line of the cul-de-sac. (127) Manufactured Home. A prefabricated single family dwelling deliverable in one or more transportable sections, and constructed to the standards established by the U.S. Department of Housing and Urban Development (HUD). A manufactured home is not the same as a recreational vehicle, commercial coach, or factory built home. (128) Manufacturing, Custom. Onsite production of goods by methods involving only the use of hand tools or tools not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts. Custom manufacturing may include incidental sale of goods produced on the site. Typical uses include ceramic shops, candle making shops, and custom jewelry and lapidary shops, and similar uses. (129) Manufacturincl, Light. Manufacturing of finished products or parts prepared predominately from previously prepared materials, including processing, fabricating, assembly, treatment, and packaging, and incidental storage, sales, and distribution of such products, including agricultural processing but excluding basic industry. (130) Medical Offices/ Medical Care Facility. Provision of consultations, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical and dental laboratories, or similar practitioners of medical and healing arts licensed for such purposes by the state. (131) Mini or Convenience Storage. A facility containing storage units for personal of business storage only. These facilitates do not contain retail services or business operations. (132) Mini Market or Convenience Store. A small retail market selling a variety of general products, and typically having extended business hours. (133) Mixed Use. Any combination of allowed or permitted land uses within a particular Zoning District. EXHIBIT "A" Ordinance No. Page 12 of 19 (134) Mobile Home. A vehicle designed and equipped for use as a DWELLING UNIT without a permanent foundation. A mobile home may include two (2) or more sections separately transported and joined together as one integral unit. A mobile home shall not include a recreational vehicle or manufactured modular housing using standard construction methods and designed to be set on a permanent foundation. (135) Mobile Home Park. A unified residential development with two or more mobile home spaces together with internal streets, common areas, and facilities for parking, recreation, laundry, utility, storage, or other services for the residents. (136) Mobile Home Space. An area within a mobile home park intended as the location of one mobile home and for the exclusive use of its occupants. (137) Mobile Recycling Unit. An automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. In addition, MRU's include bins, boxes, or containers transported by trucks, vans, or trainers, and used for the collection of recyclable materials. (138) Mom and Pop Grocery Store. A small neighborhood retail grocery store open during normal business hours without gasoline pumps, car wash, or other ancillary uses. (139) Motel. A business providing overnight lodging services for seven (7) or more persons. A motel contains automobile storage spaces serving individual rooms, and is primarily intended for transient automobile travelers. (140) Multiple Family Residential. Use of a site for three (3) or more dwelling units within one or more buildings, including units intended for individual ownership together with common areas or facilities. (141) Nuisance. Anything which is injurious to health, or is indecent or offensive to the sense, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public square, street, or highway. (142) Nursery School. A school for children under the age of five (5). (143) lines of a lot. Offstreet Parking. Required onsite parking normally beyond all setback (144) Open Space. The undeveloped area of a parcel, with no use otherwise defined by the use classifications, except for incidental grazing or similar activity typically occurring on vacant or undeveloped lands. (145) Outdoor Sales Establishment. Any business or portion of a business operated to sell, display, barter or exchange any goods, foods, produce, or merchandise outside of a structure on private property, excluding plant nurseries. (146) Park and Recreation Services. Publicly owned and operated parks, playgrounds, recreation facilities, and open spaces. (147) Parking Facility. An area used for parking motor vehicles, including one or more parking spaces with driveways, aisles, maneuvering areas, clearances, and similar features. This term includes parking lots, garages, and parking structures. EXHIBIT "A" Ordinance No. Page 13 of 19 (148) Parking Space or Parking Stall. An independently accessible area within a parking facility used for parking a motor vehicle. This term does not include driveways, aisles, or other features of a parking facility. The minimum dimensions of parking spaces is nine (9) feet in width by nineteen (19) feet in length. The minimum dimensions for a compact parking space is eight (8) feet in width by sixteen (16) feet in length. (149) Personal Improvement Services. Provision of informational, instructional, personal improvement or similar services of a nonprofessional nature primarily to individuals or small groups. Typical uses include photography studios, driving schools, health or fitness studios, reducing salons, dance studios, or art, music, handicraft, or hobby instructions. (150) Personal Services. Provision of frequently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops, and self-service laundry or apparel cleaning services. (151 ) Pet Services. Retail services and grooming of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, or pet grooming shops, with no facilities for boarding of pets. (152) Pet Shop. Any indoor boarding and sale of dogs, cats, birds, fish, reptiles, and other small animals. Pet shop definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter. (153) Planned Development. A land use in which the minimum required development standards are modified to allow improved and integrated utilization of the land thereby reducing adverse economic, social, or environmental impacts. (154) Postal Facilities. Postal services, including post offices and mail processing or sorting centers which are either publicly or privately owned and operated. (155) Private School. A school that is established, conducted, and primarily supported by a nongovernmental agency. (156) Professional Office. Provision of professional or technical services including accounting, banking, counseling, architecture, design, medical/dental, engineering, law, management, and similar professions. (157) Public Assembly. Publicly or privately owned or operated facilities for major public assembly, recreation, sports, amusements, or entertainment, including civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, and exhibition halls. (158) Public Building. Any building held, used, or controlled exclusively for public purposes by any department of branch of the Federal, State, County, or municipal government, without reference to the ownership of the building or of the land upon which it is situated. (159) Public Hearing. A meeting conducted by the Planning Director, Planning Commission, City Council, or other body empowered by the City Council to conduct an official meeting, open to the general public, which is for the purpose of receiving information and testimony and taking action on a matter. (160) Public School. A free tax supported school controlled by a government authority. EXHIBIT "A" Ordinance No. Page 14 of 19 I-I/ (161) Queue Line. An area for temporary queuing or standing of motor vehicles, while waiting for a service or other activity. (162) Recreational Vehicle. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle, used for temporary recreational, sleeping, or sporting purposes. This term shall include but is not limited to: travel trailers, pick-up campers, motor homes, converted trucks and busses, boats and boat trailers. (163) Recyclable Material. Reusable material including, but not limited to, metals, glass, plastic, paper, and construction salvage material, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. (164) Recyclin_~ Facility. A facility where recyclable material is collected, processed, packaged, stored, and shipped/trucked off of the site. (165) Religious Assembly. Provision of regular organized religious worship and religious education incidental thereto, in a permanent facility, but excluding uses defined as education facilities. (166) Residential, Group. Residential occupancy of dwelling units or sleeping units by groups of more than six (6) persons not defined as a family. Typical uses include rooming or boarding, dormitories, residence halls, and fraternity and sorority houses. (167) Restaurant. A place in which the preparation and retail sale of food and beverages takes place, including incidental sale of alcoholic beverages. Typical uses include sandwich shops, coffee shops, dinner houses, delicatessens, ice cream stores, and similar establishments. (168) Restaurant, Fast Food. A restaurant, typically with a drive-in component that specializes in the rapid preparation and service of food. (169) Rest Home. An establishment that provides housing and general care for the aged or convalescent. (170) Retail Services. The sale and incidental rental or servicing of commonly used personal or household goods. Typical uses include, but are not limited to, department stores, apparel stores, furniture and appliance stores, and business providing the products or services to the general public, not including businesses primarily for wholesale trade. This excludes automobile service and installation. (171) Rooming or Boarding House. A dwelling other than a motel, hotel, or bed and breakfast establishment, where long-term lodging and meals for five (5) or more persons is provided for compensation. (172) Safety Services. Facilities for the conduct of public safety and emergency services, including police and fire protection services as well as ambulance services. (173) Scrap and Salvage Services. A business primarily engaged in storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automobile wrecking, paper, wood, or metal salvage yards, junk yards, and similar scrapping activities. EXHIBIT "A" Ordinance No. Page 15 of 19 /-/7 (174) Screened. Shielded, concealed, or reflectively blocked from view from an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm, or similar architectural or landscape feature. (175) Service (Gas) Station. Provision for fuel, lubricants and accessories, and incidental light servicing of motor vehicles. (176) Setback Line. A line within a lot parallel to and measured from a corresponding street centerline, lot line, or right-of-way line, forming the interior boundary of a required yard and governing the placement of structures and uses on the lot. (177) Shooting Ran_~e. A place for practicing shooting. (178) Siqn/Lo_~o. Any surface device, or display having lettered, pictorial, or sculptured matter designed to convey visual information, and which is publicly displayed. It includes a display surface and all organized or related elements, which together form or represent a single unit. (179) Single-Family Residential. Use of a site for only one dwelling unit and its allowed accessory uses, or for one primary dwelling unit and one secondary dwelling. (180) Site. A lot or group of lots used together for a unified DEVELOPMENT. (181) Site Area. The total gross area of a lot or parcel. (182) Site Plan. A scaled drawing with complete dimensioning, showing the location of existing or proposed buildings, structures, uses, and other site development features. (183) Sleel~inq Unit. A room or group of rooms in a dwelling unit, group residential use, hotel or motel, or similar use, for overnight occupancy on either a transient or long-term occupancy by one or more persons. Each two (2) persons' capacity shall be deemed a separate sleeping unit. (184) Small Collection Recycling Facility. A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. The facility does not use power-driven processing equipment except as otherwise provided for in this title. The facility does not occupy more than 500 square feet, and may include: reverse vending machines; mobile unit; bulk reverse vending machines; kiosk type units; and unattended containers placed for donation. (185) Small Family Day Care Home. See definition assigned to day care home (small family). (186) Social Hall. A building used for social events and public assembly. (187) Solid Waste. All putrescible and nonputrescible solid, semisolid, and liquid wastes such as, but not limited to garbage, rubbish, ashes, paper, industrial wastes, demolition and construction wastes, abandoned vehicles, vegetable matter, wood, but excluding hazardous waste. (188) Solid Waste Facility. Any structure other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, disposal, or recycling of solid waste EXHIBIT "A" Ordinance No. Page 16 of 19 / (189) Solid Waste Transfer Facility. A solid waste facility where solid waste is temporarily loaded, stored, packaged, unloaded, and transported to another location. (190) Stables, Commercial. Boarding, breeding, or raising of horses not owned by the occupant of the premises. Typical uses include boarding stables, public stables, or riding academies. (191) Stables, Private. Boarding, breeding, or raising of horses owned by the occupant of the premises or the owner of the property. (192) Street, Private. A right-of-way, easement, or other lot privately owned which affords the primary means of access to abutting property. (193) Street, Public. A dedicated or publicly accepted and maintained thoroughfare affording the primary means of access to abutting property. The term "street" includes all land within the right-of-way thereof. (194) Structure. That which is built or constructed, or an edifice or building of any kind, or any piece of work artificially built up or composed of having parts joined together in some definite manner. (195) Structure, Legal Nonconforming. A building or structure including off-street parking or loading space, that do not comply with current applicable site development regulations for the district in which it is located, or with applicable general regulations, but which complied with applicable provisions at the time of construction. (196) Temporary Uses. Non-permanent uses, structures, and activities when consistent with the purposes of this title, and compatible with surrounding uses. Temporary uses include, but are not limited to carnivals, open air theaters, and other similar uses involving large assemblages of people. (197) Transportation Service. Parking, storage, dispatching, or incidental servicing for both motorized and non-motorized vehicles, other than as accessory to a principal use. Typical uses include auto and trailer rental agencies, transit centers, taxi or ambulance dispatching, bicycle rental facilities, and vehicle impound facilities, but exclude dismantling or salvage activities. (198) Transportation Terminal. A facility for loading and interchange of passengers, baggage, and incidental freight or package express between modes of transportation, including bus terminals and public transit facilities. (199) Triplex. A building containing three (3) individual dwelling units. (200) Two-Family Residence. Use of a site for two (2) dwelling units, either in the same building or in separate buildings, except when one of the dwelling units is a secondary dwelling. (201) Use. The conduct of an activity, or the performance of a function or operation, on a site or in a building, structure, or facility. (202) Use, Accessory. A use or activity which is incidental to and customarily associated with a specific principal use on the same site. EXHIBIT "A" Ordinance No. Page 17 of 19 //? (203) Use, Conditional. A use potentially allowed within a particular district solely on a discretionary basis; and subject to review and in accord with the provisions of this title. (204) Use, Legal Nonconforming. A lawful use of any land, building or STRUCTURE, that does not conform with currently applicable use regulations, but which complied with the use regulations in effect at the time the use was established. (205) Use, Permitted. A use within a particular district and permitted within that district as a matter of right when conducted in accordance with the land use regulations of this title. (206) Use, Principal or Principal Use. A use which fulfills the primary function of a household, establishment, institution, or other entity. (207) Utility Service (Major). Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants, and similar facilities of public agencies or public utility firms having potentially significant impact on surrounding uses. (208) Utility Service (Minor). A facility or service installation of a public utility necessary to provide utility service to uses in the general vicinity and requiring only minor structures such as lines, poles, transformers, control boxes, and similar features. (209) Value or Valuation. The estimated cost to replace a structure in kind, based on current replacement costs. (210) Variance or Variance Permit. A permit that grants a minor modification or variation of the strict application of any of the provisions of this title when the strict application would deprive a property of privileges enjoyed by other property in the same vicinity, district, and zone. Variance definition shall not be construed as to permit those uses not permitted by the zone. (211) Veterinary Office or Services. Medical care for dogs, cats, birds, horses, and other animals which may or may not require an overnight treatment on the premises. (212) Warehousing and Distribution (General). Warehousing and distribution activities conducted partially or entirely in the open. Typical uses include monument or stone yards, and contractor's service and storage yards. (213) Warehousing and Distribution (Limited). Wholesaling, bulk storage, distribution and handling of materials and equipment other than livestock, when all storage and services except parking and loading activities are conducted within a building. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms. (214) Wholesale Store. The wholesale handling and sale of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage for sale of any material or commodity, and not including the processing or manufacturing of any product or substance. (215) Yard. A required open space extending from a lot line into a lot containing only landscaping and such other uses or structures as permitted by this title. EXHIBIT "A" Ordinance No. Page 18 ofl9 (a) "Front yard." A required yard extending the full width of a lot between the front lot line and the front setback line. (b) "Rear yard." A required yard extending the full width of a lot between the rear lot line and the rear setback line. (c) "Side yard." A required yard extending the depth of a lot from the front yard to the rear yard between the side lot line and the side setback line. (216) Zoning District or Zone. A specific set of land use regulations as set forth herein and legally assigned to various districts established and delineated on the zoning map of the City. (217) Zoning Map. A map adopted pursuant to the regulations of this title showing the boundaries of districts within the City of Ukiah. EXHIBIT "A" Ordinance No. Page 19 of '19 MEMORANDUM DATE: TO: FROM: SUBJECT: March 10, 1999 Planning Commission Charley Stump, Senior Planner Proposed Revisions to Zoning Code Article 21 - Definitions SUMMARY: Staff has substantially revised the Zoning Code definitions (Article 21) to reflect current planning practices and principles, and to include new terms used in the text of the recently revised Zoning Districts. In addition, a number of antiquated terms have been deleted because they either do not appear in the text of the Zoning Code or are outdated and have been replaced with more modern terms. ORIGIN OF DEFINITIONS: A number of the definitions have been carried over from the existing Article, and others have been taken from professional planning literature, documents, and resources produced by the American Planning Association, and Zoning Codes from other jurisdictions. In a few cases, we used Webster's Dictionary to define terms that we could not find in planning related resources. IMPORTANCE OF DEFINITIONS: Having up-to-date definitions of zoning terms is important for a variety of reasons. First, it allows the user to fully understand the regulations, particularly for allowed and permitted land uses. Second, they provide an explanation of basic planning terminology, which is extremely valuable to the general public. ENVIRONMENTAL REVIEW: It has been determined that the revising of Zoning Ordinance definitions does not constitute a "project" as defined by the California Environmental Quality Act, and therefore is not subject to CEQA. RECOMMENDATION: 1) Conduct a public hearing, and review and discuss the proposed definitions; and 2) formulate a recommendation to the City Council. ATTACHMENTS: 1. Draft Ordinance revising Article 21 (Definitions) 2. Listing of proposed new definitions (Ordinance Exhibit "A"). Chairman Pruden read the appeal process to the audience. For matters heard at this meeting, the final date for appeal is March 22,1999. PROJECT REVIEW 7A. Zoning Ordinance Text Amendment project initiated by the City Plannin? .Department to revise Article 21: (Definitions). The project includes deleting existing antiquated definitions, adding new definitions to reflect current planning practices and principles, and adding definitions of terms and words used in the recently revised text of the Zoning regulations, It was noted by Staff the purpose for the March 10, 1999, Planning Commission meeting was to conduct a public hearing, review, discuss, and reach a consensus regarding the proposed revised definitions as referenced in the Zoning Code, Article 21. It was also noted in the Staff Report the intent for the Zoning Ordinance Text Amendment project was to delete antiquated definitions, add new definitions to reflect current planning practices and principles, and add definitions of terms and words used in the recently revised text of the Zoning Regulations. PUBLIC HEARING OPENED: 7:11 p.m. No one from the audience came forward. PUBLIC HEARING CLOSED: 7:11 p.m. The Planning Commission presented Staff with definition revisions to Article 21. Definitions of the Zoning Ordinance to include: Page 1 No changes; Page 2 No. 6, Adult Entertainment Business, revised to read: "Adult book and video stores, adult motion picture theaters, cabarets, and similar uses." No. 9, Agricultural Sales and Service, include the word "seeds" in the definition; Page 3 No. 12, Animal Production, add the word "meat" in the definition; The definition would then include meat as a by-product of animal production. Page 4 MINUTES OF THE PLANNING COMMISSION Page 2 March 10, 1999 No. 29, Car Washing, revised to read: ~ ~ ~ ~ ~ "Washing and cleaning of automobiles and similar vehicles and equipment. Typical uses include self service and mechanical car washes, equipment cleaning facilities, and detailing services." No. 30, .Cemetery, no change; It was noted by Staff the present definition pertains to land used for burial of dead human beings and not for burial of dead animals. No. 36, Cocktail Lounge, revised to read: "A use licensed by the state for preparation and sale of alcoholic beverages for consumption on the premises, including taverns, bars, and other businesses." Page 5 No changes: Page 6 No. 49, Convenience Storage, revised to read: "Storage facilities primarily for storing personal effects, household goods, and business materials generally within enclosed or screened storage areas, but excluding uses such as workshops, hobby shops, manufacturing or other commercial activity. Typical uses include mini-storage and mini-warehousing." No. 54, Cultural Services, revised to read: Cultural Services/Facilities "A library, museum or similar use affording preservation and exhibition of objects of artistic, scientific, or historic interest." No. 56, Day Care Home (Large Family), a State of California definition. Staff will review for State Law consistency; No. 57, Day Care Home (Small Family), a State of California definition. Staff will review for State Law consistency; No. 58, Density It was recommended by the Planning Commission the Definition provide reference to units per net gross in addition to units per gross area. Page 7 No changes; Page 8 No. 71, Enlargement, revised to read: "An addition to the FLOOR AREA of an existing BUILDING, or an addition of another building on a lot or parcel." MINUTES OF THE PLANNING COMMISSION Page 3 March 10, 1999 A discussion followed regarding definition No. 81, Guest House. It was noted by the Planning Commissioners that a Guest House can be constructed with approval of a Building Permit and may not require a Use Permit. Commissioner Larson stated the Definitions in Article 21 pertaining to lot sizes should be consistent with reference to gross area versus net area. Senior Planner Stump replied gross area and net area must be clearly defined. ON A MOTION by Commissioner Chiles, seconded by Chairman Pruden, it was carried by the following roll call vote to add the term "gross" to Definition 81, Guest House, and the size should read 640 gross square feet. YES: NOES: ABSTAIN: ABSENT: Commissioners Chiles, Puser, and Chairman Pruden Commissioners Larson, Correll None None The Planning Commissioners drew attention to Staff that there are two definitions numbered 81, which include Funeral Home and Guest House. No. 81, Guest House, revised to read: "An accessory building containing a sleeping unit without kitchen facilities, and used to house occasional/temporary visitors which are nonpaying guests of the occupants of a primary dwelling unit on the same site; and containing a gross floor area of six hundred forty (640) square feet." Page 10 No changes; Commissioner Puser inquired regarding Definition No. 92, Homeless Facility Zone, with reference to the term Zone. Mr. Stump replied the term Zone was established by the Zoning Ordinance. A separate Article 15.5 in the Zoning Codes references Homeless Facilities. He stated there may later be revisions to the Zoning Code section pertaining to Homeless Facilities. Page 11 No. 96, Industrial, Light, revised to read: "Low intensity industrial and related manufacturing activities. Does not usually involve the use or storage of highly flammable or explosive materials, or the processing of raw materials. Typical uses include the manufacturing and assembly of electronic instruments, devices, and appliances, furniture manufacturing, bottling plant, and garment manufacturing." MINUTES OF THE PLANNING COMMISSION Page 4 March 10, 1999 Chairman Pruden recommended a definition for the term "Kiosk" be added to the Zoning Code. Mr. Stump stated a Webster's Dictionary definition for the term Kiosk is: "A small light structure with one or more open sides used especially as a news stand or telephone booth." Chairman Pruden recommended the Definition of the term Kiosk include the language: "Used frequently for information and for coffee disbursement." A brief discussion followed regarding other definitions pertaining to the term Kiosk. Staff reported the Planning Department will provide a definition for the term Kiosk. Page 12 Commissioner Larson questioned the Definitions of Nos. 113, 114, and 115 and inquired whether minimum lot size is based on net lot area. Mr. Stump replied the Planning Department views lot size in terms of gross area. He further replied an updated version of the Subdivision Ordinance provides for use of the term "gross" as opposed to the term "net." A brief discussion followed regarding an accurate definition of lot size with reference to easements, boundary lines, and property access. Associate Planner Lohse stated that the City Subdivision Ordinance, uses a definition for buildable lot size, which is 5,000 square feet of buildable area. Mr. Lohse further stated this area is compatible with the 6,000 square foot lot size required by the Zoning Code regulations. Mr. Stump reported the requirement regarding lot size is not defined in the Zoning Code Definitions, but defined within the Standards for each particular Zoning District. This Standard defines lot size in terms of net area. Mr. Stump further reported the main intent with reference to the definition of Corner Lot places emphasis on the terms street and roads. Mr. Larson recommended the term road easements be deleted from the definition of Corner Lot, and be referred to as "public" road easements. Chairman Pruden reported the legal road easements in this community are referred to as alleys. She inquired if every piece of property that sits on an alley and a street is considered a Corner Lot or alternatively, is a Corner Lot considered a piece of property that terminates when an alley is perpendicular to a street. A general consensus was reached regarding the definition of No. 115, Corner Lot to read: "A lot having front and side property lines abutting two separate streets, roads, or public road easements, not including alleys." Page 13 MINUTES OF THE PLANNING COMMISSION Page 5 March 10, 1999 No changes; Page 14 Commission Puser inquired regarding Definition No. 131, Mom and Pop Grocery Store, if the Definition should include store hours. Chairman Pruden stated there is no definition for convenience store or mini-mart and recommended such a definition be added which includes a provision regarding store hours. A general consensus was reached to add a new Definition entitled, Convenience Store, which would provide language to include terms with reference to gasoline pumps, car washes, mini-marts, or other ancillary uses. A general consensus was reached with reference to Definition, No. 131, Nuisance, to provide additional language to include interest in health, safety and welfare, and to make the Definition consistent with the Use Permit Findings. It was noted by Staff with regard to Definition No. 137, Open Space, is a concept which references property developmental standards. No. 138, Outdoor Sales Establishment, revised to read: "Any business or portion of a business operated to sell, display, barter or exchange any goods, foods, produce, or merchandise outside of a structure on private property, excluding plant nurseries." Page 15 No changes; Page 16 A general consensus was reached with reference to Definition No. 156, Recyclable Material, to provide additional language to include the term "construction salvage." A general consensus was reached with reference to Definition No. 160, Restaurant, to provide additional language to include the terms "delicatessen and ice cream stores." It was recommended the term fountain be excluded from the Definition. Chairman Pruden noted although there is an existing definition entitled, No. 63, Drive-In Service, there is no definition that directly pertains to Fast Food. Staff recommended a definition for Fast Food or Drive-In Restaurant be added with language to include: "Specializing in the rapid preparation and service of food." A general consensus was reached with reference to the addition of a new definition entitled, Fast Food Restaurant. Page 17 MINUTES OF THE PLANNING COMMISSION Page 6 March 10, 1999 No. 165, Scr. ap and Salvage Services, revised to read: "A business primarily engaged in storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automobile wrecking, paper/wood or metal salvage yards, junk yards, and similar scrapping activities." Chairman Pruden recommended with regard to Definition No. 170, Sign, the addition of the term Logo. A general consensus was reached with reference to Definition 170, Sign, be entitled, Sign/Logo. Page 18 A brief discussion followed regarding the term "massage therapist" which is categorized under the definition of Personal Service and the term "therapeutic" is classified as a physical therapist and would be categorized under the definition of Medical Offices/Medical Care Facility. Page 19 No. 188, Temporary Uses, revised to read: "Non-permanent uses, structures, and activities when consistent with the purposes of this title, and compatible with surrounding uses. Temporary uses include, but are not limited to carnivals, open air theaters, and other similar uses involving large assemblages of people." A general consensus was reached with reference to Definition 190, Transportation Service, the term bike rentals be added to the Definition. No. 197, Use, Permitted, revised to read: "A use within a particular district and permitted within that district as a matter of right when conducted in accordance with the land use regulations of this title." Page 20 No. 202, Variance or Variance Permit, revised to read: "A permit that grants a minor modification or variation of the strict application of any of the provisions of this title when the strict application would deprive a property of privileges enjoyed by other property in the same vicinity, district, and zone. Variance definition shall not be construed as the granting of special privilege as to permit those uses not permitted by the zone." A general consensus was reached to add the term "Easement" to the Definitions as: "An interest in land owned by another that entitles its holder to a specific limited use or enjoyment." Mr. Stump stated any words or phrases not defined within Zoning Code Article 21 Definitions, shall be defined as set forth in current dictionaries. If no dictionary defines a particular term the City Planning Director shall have the authority to define the term or equate it to a defined term that is similar in nature. 8. PLANNING DIRECTOR REPORTS: MINUTES OF THE PLANNING COMMISSION Page 7 March 10, 1999 ITEM NO. 8b DATE: April 7, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING NOMINAL PROCESSING FEES FOR DISCRETIONARY DEMOLITION PERMITS SUMMARY: On March 3, 1999, the City Council heard a staff-initiated proposal to establish fees for the processing of discretionary demolition permits. Discretionary demolition permits pertain to structures 50 years old or older; require public hearing noticing and California Environmental Quality Act (CEQA) review; and are specifically (Continued on page 2) RECOMMENDED ACTION: Adopt the Resolution establishing nominal fees for processing discretionary demolition permits, as follows: $95 for CEQA-exempt projects; and $118 for projects not exempt from CEQA. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt the subject fee resolution and provide guidance to staff. 2. Revert to staff's earlier proposal to charge a fiat fee of $225 to partially cover the costs associated with discretionary demolition permits (noticing, building code fee, CEQA documentation, and some towards staff time and materials). Citizen Advised: Mendocino County Employers Council (Al Beltrami) Requested by: Planning Department Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: Resolution Candace Horsley, City anager intended to preserve structures which truly possess historical, architectural, or cultural significance. At the March 3rd meeting, staff was proposing to set the discretionary demolition permit fees at $225 per application. This would be akin to existing minor planning permits which establish a $225 fee to partially cover processing costs, including some staff time and materials. Staff believed that this fee was more than justifiable given the range of processing and noticing tasks involved in getting a discretionary demolition permit to Council for a productive and legally adequate hearing. Amidst the dialogue and discussion on this subject, several Council members expressed concern over having a similar fee for a demolition permit as for a planning permit, believing that a standard fee is justifiable for new development, whereas it is not for the simple demolition of a structure. The rationale for drawing this distinction lies in the fact that new development requires comprehensive review and analysis by staff, including zoning compliance, site design, architectural review, CEQA review, and so on, whereas demolition only requires review related to historical significance. Furthermore, the Council discussion seemed to focus on the difference between simple demolitions where historical value does not exist, and others which might require more complex and extensive evaluation to determine historical significance. Staff's impression from the tone and tenor of this discussion was that the Council would be content to charge only a nominal fee for demolition permits, something on the order of covering only out-of- pocket hard costs, such as noticing in the paper, than covering staff's time on any given demolition permit application. Fortunately, staff is able to draw a CEQA processing distinction between structures which clearly are not historically significant, and those which are presumed to be or actually are known to be significant. Specifically, CEQA Categorical Exemption 15301 (L.1-4) provides for exempting "demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archaeological, or architectural significance." Whereas, if a structure is deemed to be historically significant, either by its listing on a national, state, or local register, or by the preponderance of evidence in support of such a finding, the full CEQA process must be engaged. CEQA is clear in stating that exemptions are improper for projects "that may cause a substantial adverse change in the significance of an historical resource" (Public Resources Code §21084.e.). For the purposes of this prohibition, "an historically significant resource is defined as a resource listed in, or determined to be eligible for listing in the California Register of Historical Resources." CEQA further indicates that historic resources are to be "presumed to be historically or culturally significant," unless the "preponderance of the evidence" indicates otherwise, if they are included "in a local register of historic resources" as defined in Public Resources Code {}5020.1 .k., or are "deemed significant" pursuant to criteria set forth in Public Resources Code §5024.1g. Last, even if a resource does not meet any of the above-referenced criteria, however, that fact "shall not preclude a lead agency from determining whether the resource may be an historical resource for purposes of this section" (Public Resources Code §21084.1). In other words, the lead agency must do its research before exempting a structure proposed for demolition from the full CEQA process, although the exemption is certainly available and will be implemented when the absence of historical significance can be ascertained. Accordingly, we have crafted a new proposal, which is embodied in the attached Resolution. Basically, it draws out the processing distinction between a simple, historically valueless demolition proposal, from one that requires more extensive CEQA processing, and attaches only out-of-pocket expenses to either processing scenario. Specifically, using the out-of-pocket criterion, we are able to assign a fee of only $95 to the CEQA-exempt projects, and $118 to projects requiring an additional notice in the paper for the CEQA document arising from a project possibly or probably having historical significance. The actual break-down for the simple process consists of $47 for the demolition permit as ascribed by the California Building Code (CBC); $23 for the Council hearing notice (they range from $20 to $25 according to the City Clerk); and $25 for the County Clerk to post the environmental determination notice. The process resulting in a CEQA Negative Declaration (ND) or Environmental Impact Report (ER) is the same in terms of out-of-pocket costs to the agency, except one additional notice in the newspaper is required to advertise the availability of the ND or ER; this minor difference results in adding another $23, for a grand total of $118. It might be worthwhile to note that the County Clerk fee of $25 to process and post CEQA notices requires the applicant to fill out a separate check made payable to the County of Mendocino. This is provided for in State law, and the City of Ukiah has no control over this fee. In any case, if one subtracts out this $25 amount from the fees cited above, the actual transference of monies from the applicant to the City of Ukiah becomes $70 and $93 respectively for the City to process the demolition permit applications cited above. Staff would like to emphasize that the new proposal accounts for nothing more than the simplest and most obvious out-of-pocket expenses we will incur. It does not reflect any recouping of staff time and materials, as did the original fee proposal of $225 for either of the two types of review. We remain convinced that if the Council wants to embrace the philosophy of cost recovery on these demolition permits, the fee of $225 is more than justifiable, regardless of whether or not any given discretionary demolition permit is exempt from CEQA. Nevertheless, given the unique nature of demolition permits relative to "new-development" permits, and given the fact that demolition permit applications are infrequently encountered (rough average is 3 a year), staff is content to support the nominal fee approach. Staff would like to remind the Council that in cases where an historically significant structure is at stake, and staff is compelled to require an EIR (pursuant to clear and compelling language and case law in CEQA), the cost of preparing and processing the EIR is born by the applicant. Hence, despite the nominal fee proposal now being put forth to the Council ($95 and $118 for the respective types of permits), the cost to the 4 applicant wishing to demolish a true and obvious historically significant structure (e.g., the Hofman House, the Sun House, or the Held-Poage House) likely will be several thousands of dollars for the preparation of an EIR. This is unavoidable in such cases, as EIR's are not cheap to produce by qualified consultants under contract to the lead agency, and even in cases where only a single issue is present, CEQA requires that all the mandatory components of an EIR be included. Staff would also like to make the Council aware of a function currently being performed by Planning Commissioner Judy Pruden which, if not being performed for free, might be another cost variable in the process. Currently, Ms. Pruden prepares an historical evaluation or profile on any given structure not otherwise profiled in the now-dated historical resources inventory prepared in 1985. This research effort becomes a permanent part of the record, and is the information from which the Demolition Permit Review Committee bases most decisions. She has performed this function for many years for free as a service to the City and a commitment to the preservation of Ukiah's history. However, if Ms. Pruden were unable to provide this service, or if she chose to discontinue providing this service, staff would likely require that the applicant provide this information from a qualified historical evaluator, at least in those cases where the obvious absence of historical significance might be questionable. Alternatively, in such cases where additional research is warranted, the applicant might have to hire a qualified evaluator to perform this function. In either case, the cost of processing a demolition permit could thereafter rise to some level or another, depending upon the degree of research and evaluation needed. In cases where historical significance is obviously not an issue, however, staff would not require any additional documentation or analysis, and therefore additional costs to the applicant would not be a factor. Nevertheless, for the time being, Ms. Pruden has indicated that she intends to continue this free service, although she did not want this "cost" variable to be overlooked or forgotten in the fee discussion. Last, irrespective of the fees, staff would like to remind Council that we are currently working with a consultant on updating the City's historical resources inventory. Indeed, a highly qualified consultant team has been hired, and they have already met with Planning Department staff and begun their research and field work on this very important program. Thus, once this inventory is completed, and eventually (presumably) adopted by the City Council, staff's ability to ferret out historically insignificant structures from those deserving protection or special attention, will be greatly enhanced. In turn, the business of preserving Ukiah's heritage should become more clear, concise, and meaningful once the updated inventory is available, and the possibility of contentious debate over any given demolition permit will be greatly reduced, if not avoided altogether. An updated inventory should also diminish our reliance on Ms. Pruden for historical data, records, and information, and possible associated costs to the applicant, once the inventory is completed. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING FEES TO PROCESS DEMOLITION PERMITS REQUIRING DISCRETIONARY REVIEW AND APPROVAL WHEREAS, 1. Heretofore the fee for processing a demolition permit under the Administrative Provisions of the California Building Code, which assumes a ministerial process, had been set at $47.00 per permit application; and 2. Ministerial review only provides for the Building Inspector to process the permit and ensure that a safe job site is maintained during the demolition; and 3. On December 2, 1998, the City Council adopted amendments to [}3016 of the City's Building Regulations (demolition permits) as they pertain to the demolition of structures possibly possessing historical, architectural, or cultural significance; and 4. The demolition permit processing provisions associated with these amendments have been deemed to be discretionary in nature, therefore subject to the requirements of the California Environmental Quality Act (CEQA), and subject to local public hearing noticing requirements; and 5. Processing discretionary projects which involve CEQA and involve public hearing notices routinely results in costs to the local agency in terms of CEQA documentation and processing, and in terms of hearing advertisements in the local newspaper; and 6. According to the new demolition permit provisions contained in {}3016 there appear to be two likely scenarios associated with the discretionary demolition permit process, as follows: a. The structure to be demolished is clearly not historically, architecturally, or culturally significant, therefore can be exempted from CEQA (pursuant to Categorical Exemption 15301 (L.1-4), and will only require one public hearing notice advertised in the local newspaper before a Council hearing is convened to approve the demolition permit; or b. The structure is possibly or clearly historically, architecturally, or culturally significant (pursuant to the criteria established in the amended [}3016), and an Initial Study resulting in a Negative Declaration or an Environmental Impact Report (EIR) will be necessary, thereby requiring the need for one additional notice in the newspaper; and 7. The basic costs to the City to process a CEQA-exempt demolition permit requiring a single discretionary hearing typically averages about $95.00, whereby the California Building Code fee is $47.00; the public hearing notice filed in the local newspaper averages $23.00; and the County Clerk filing fee for a CEQA exemption is $25.00; and Resolution No. Page 1 of 2 8. The basic costs to the City associated with processing a demolition permit project requiring a Negative Declaration or an EIR are the same as cited in #7 above, plus one additional notice in the newspaper advertising the availability of the environmental document, or a total of $118.00; and 9. Chapter 1, Article 4, Section 3050 of the Ukiah Municipal Code allows for "the City Council may, from time to time by resolution, establish fees to be charged and collected for permits issued and services rendered" relative to the building regulations, wherein the recently adopted demolition permit procedures are codified. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following fee amount to be collected for demolition permit applications subject to the processing criteria established in Ukiah Municipal Code [}3016: 1. The fee to be charged to an applicant of a discretionary demolition permit found to be categorically exempt from the provisions of the California Environmental Quality act (CEQA) shall be $95.00, whereby the City of Ukiah collects $70.00, and the County Clerk of Mendocino County collects $25.00 for CEQA document posting; and 2. The fee to be charged to an applicant of a discretionary demolition permit found not to be exempt from CEQA, therefore subject to providing notice in the local newspaper of the availability of the project's Negative Declaration or its Environmental Impact Report shall be $118.00, whereby the City of Ukiah collects $93.00, and the County Clerk of Mendocino County collects $25.00 for CEQA document posting; and 3. The fees cited in numbers 1 and 2 directly above pertain only to direct costs incurred for demolition permit processing, and do not reflect any potential variable costs which may be required to satisfy the provisions of the California Environmental Quality Act (CEQA), such as the preparation of an Environmental Impact Report (EIR), or prepatory technical studies leading to a CEQA processing determination; and 4. The fees shall become effective immediately upon adoption of this Resolution. PASSED AND ADOPTED on April 7, 1999, by the following roll call vote: AYES; NOES: ABSTAIN: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. Page 2 of 2 ITEM NO. 8c DATE: APRIL 7, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION-UKIAH COMMUNITY CENTER In each of the past two years, the City, in conjunction with the Ukiah Community Center (UCC), has applied for a General Allocation Community Development Block Grant (CDBG) to purchase the property and building within which UCC is housed, reduce existing debt, and provide additional funds for services. Those applications were unsuccessful, but UCC is again pursuing CDBG funding for property purchase. The funding cycles for both general allocation and economic development coincide, presenting an $800,000 cap on applications for each jurisdiction per year. Staff has discussed the use of CDBG funds in conjunction with airport and business park activities, thus the amount of the UCC application must be in the context of available funding levels. UCC's top priority is property purchase thus this year's application has been structured at $352,000 to cover the existing option to purchase and closing costs. The CDBG process requires two public hearings prior to the transmittal of an application to the State Department of Housing and Community Development (HCD). The initial hearing is held during the project design stage to inform the general populace of the CDBG Program, discuss the benefits of the program, and provide an opportunity for public input regarding potential uses of the monies. The second public hearing is to approve the application submittal with the adoption of a resolution. (Continued on page 2) RECOMMENDED ACTION: Adopt Resolution Approving Community Development Block Grant (CDBG) Application - Ukiah Community Center. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution should be modified, identify changes, and adopt revised resolution. 2. Determine application is not to be submitted and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah Community Center Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution for adoption, page 1. APPROVED: .// / Candace H-orslo'~, ~y Mar~agor 1999 CDBG APPLICATION APRIL 7, 1999 PAGE 2 The first public hearing was conducted by Staff on March 31, with two individuals present. At that time Staff discussed the Program and process, and identified the facts that: 1 ) during the current CDBG funding cycle there is approximately $24 million available for distribution statewide; 2) $800,000 is the maximum award for any single jurisdiction under both the General and Economic Development components of the Program; 3) $500,000 is the maximum per application per year for either component; 4) the projects applied for must benefit persons in the Targeted Income Group (TIG) as defined by HCD which generally encompasses individuals or families with income levels of very Iow (30-50% of County median), Iow (51-80% of County median), and moderate (81-120% of County median); and 5) eligible activities include Housing, new construction and rehabilitation, Community Facilities and Public Services, and Public Works. The second hearing, that which is being conducted by the Council at the April 7 meeting, is to reiterate the facts presented in the first hearing, fully describe the proposed activity being applied for, the funding amount requested, time schedule, and how TIG persons will benefit. A detailed description of the application will be provided by verbal presentations at the meeting. Staff has received no written comments in response to either public hearing public notice. The City has a long alliance with UCC and staff believes this grant will be a significant benefit to the entire community. Staff recommends adoption of the resolution approving the grant application and authorizing the City Manager to act on behalf of the City for all CDBG application matters. mfh:asrcc99 0407CDBG RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT WHEREAS, the Community Development Block Grant (CDBG) Program will assist local entities in providing assistance to very Iow, Iow, and moderate income persons (Targeted Income Group); and WHEREAS, the Ukiah Community Center has proposed a project which will enhance its ability to provide services to the Targeted Income Group and the City of Ukiah desires to participate in this activity through the CDBG process. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Ukiah as follows: 1) The City Council has reviewed and hereby approves a CDBG application for up to $352,000 for purchase of the Ukiah Community Center property and building; 2) the City Manager is hereby authorized and directed to act on the City of Ukiah's behalf in all matters pertaining to this application; and 3) if the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments thereto with the State of California for the purposes of this grant. PASSED AND ADOPTED this 7th day of April, 1999 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Page 1 of 1 SUBJECT: ITEM NO. DATE: 9A April 7, 1999 AGENDA SUMMARY REPORT APPROVE LEASE WITH COMMUNITY AIR FOR 1,590 SQUARE FEET OF OFFICE SPACE AT THE UKIAH REGIONAL AIRPORT AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. Over the past several months staff has worked with Mr. John Mayginnes and other representatives of Community Air, a locally based start-up regional airline service, assisting the company with Federal Aviation Administration (FAA) approvals, coordinating operational logistics at the Airport, and negotiating lease terms and conditions. Community Air is now preparing to commence service in late April and as such must enter into a lease with the City for interim office and operations space. The City has invested a substantial amount of staff time and resources in an effort to partner with Community Air in what staff believes will be a significant community asset. Staff has made significant tenant improvements to the airport facility, at no cost to Community Air, implemented a number of new airport procedures and has proposed an extremely generous one year lease package. Staff had initially proposed a five year agreement to Community Air with no rent paid during the first year. Because of concerns over the profitability of providing air service in Ukiah, Community Air is not willing to agree to a lease of longer than one year. Therefor, the proposed draft agreement reflects a one year lease with Community Air in the amount of one dollar. Even though Community Air has decided to no longer locate their maintenance facility in Ukiah, and is considering moving their corporate offices to another city, staff still feels strongly that supporting Community Air as much as possible during the start up process is an important economic development goal. The type of service which Community Air is proposing to offer represents an unusual opportunity for a city and airport the size of Ukiah's to bring to the community, not only a potential employer, but a transportation service of significant economic value. The development of regular flight service will greatly assist with business development and tourism which will benefit the entire region. The Airport will also become eligible for increased grant funding from the FAA. Staff believes the long-term public benefits to the community are substantial and will help offset the assistance provided in the lease and recommends approval and authorization of the City Manager to execute the lease agreement. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Approve lease with Community Air for 1,590 square feet of office space al. the Ukiah Regional Airport, and authorize City Manager to execute agreements. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revision and approve as revised. 2. Determine approval is inappropriate and move to deny. Citizen Advised: N/A Requested by: Community Air Prepared by: Michael Flad, Assistant City Manager Larry W. DeKnoblough, Community Services Director Coordinated with: Attachments: APPROVED: Candace Horsley, City Manager Don Bua, Airport Manager Proposed Le..ase ,~ Candace Horsley, City Manager~ ~~ Community Air Lease Agreement April 7, 1999 Page 2 The site identified by both staff and Community Air which would most appropriately serve its needs, as well as the FAA requirements for passenger processing, is the Flight Service Center Building. This location had previously been occupied by the FAA, however, as it has reduced services in Ukiah it is willing to reduce its occupancy and make the amount of space necessary to house Community Air. The total amount of space required by Community Air for office space, operations, and passenger processing is approximately 1,590 square feet. Once the Airline is in operation, the Airport will be eligible to apply for FAA funds for the development of a new terminal facility which would then house a permanent operations center for Community Air and other Airport operators. The Draft includes several improvements which are to be completed by the City, at no cost to Community Air, prior to Community Air's occupancy. These improvements are included as "Attachment C" in the lease agreement, and are explained in more detail below. Parking Improvements At the request of Community Air, staff has greatly improved the parking area located adjacent to the commuter terminal. The removal of an existing, vacant, modular building at the south end of the parking lot has increased the lots capacity. The striping of the parking lot has also dramatically enhanced both the functionality and appearance of the parking area. Two handicap parking spaces were also added bringing the parking area in compliance with the Americans' with Disabilities Act. Staff has also repaired and painted the protective guard railing located at the north end of the area. Exterior Building Improvements At the request of Community Air, staff is remodeling the commuter terminal's exterior landscaping. The trimming of existing trees, removal of weeds, and addition of new ground cover will greatly enhance the exterior appearance of the structure. As required by the Federal Aviation Regulation (FAR) Part 107, staff is erecting 200 feet of external security fencing, with the goal of providing maximum security, while preserving the unobstructed view of the Airport. Staff, with input and approval from the FAA, has developed an exterior terminal perimeter fencing plan. In addition to the security fencing, several security walkway gates will also be installed. In coordination with the FAA, staff will also create a restricted access, Airline Operations Area (AOA), on the east side of the terminal building. In accordance with FAR Part 107, staff is required to designate, with paint, on the ramp area a "restricted area", designated for access only by Airline personnel and Airport staff. Interior Building Improvements Staff has made every effort to redesign and remodel the interior of the commuter terminal to the specifications requested by Community Air. Unfortunately, several major design changes, at the request of Community Air, over the past two months have made initial timeline and budget adherence difficult. The latest interior redesign was received from Community Air on March 24, 1999, and called for the removal of two walls, the re-routing of electrical outlets, the removal of a door, the removal of a window, Community Air Lease Agreement April 7, 1999 Page 3 and the redesign of the pre-boarding area. All of these items were recently installed, based on plans approved by Community Air less than two weeks earlier. These changes have made staff's ability to meet critical building completion deadlines difficult. The list of interior improvements, provided at no charge to Community Air, are explained in more detail below. The removal of existing interior walls was requested and has been completed by staff. Several additional electrical outlets have been installed for the proposed counter area and future office area. A new thermostat for the central air/heat has also been installed. Staff has created a "sterile area" as required by FAR Part 107. With input from the FAA and Community Air, staff has created a segregated area designated for pre-boarded passengers that have already been through the security screening process. For the purpose of monitoring the area and to increase visibility and natural lighting, four large glass panels were installed into the wall that separates passengers from the main terminal area. To accommodate the latest Community Air redesign, one of the new windows was removed. The installation of a dedicated electrical circuit was also required for the proposed checked baggage x-ray machine and passenger magnetic pass-through machine and has been installed. At the suggestion of the FAA, staff has created an internal baggage storage area at the north end of the sterile area. Lastly, as requested by Community Air, staff has recently ordered new carpet and baseboards for the facility and will repaint the facilities interior. Staff has also repaired the restroom facilities in anticipation of the increased usage by the public. Operational Changes In addition to the many physical changes taking place at the Airport, staff has implemented a number of operational changes. The most important change is the development of the attached FAA required Airport Security Plan (ASP). Upon approval of the ASP by the FAA, the Ukiah Regional Airport will become a Part 135 Certified, Category IV commuter airport. The attached ASP details the many requirements associated with transformation from a general aviation airport to a Category IV airport. In addition to the ASP, staff has also developed a comprehensive Aviation Security Contingency Plan (AVSEC). The AVSEC plan details the procedures necessary to comply with FAA regulations in the event of various heightened security scenarios. Staff has dedicated a considerable amount of time in the research, development and implementation of both the ASP and AVSEC plans. It should be noted that the FAA has been extremely helpful in assisting staff with the development of both plans. Other procedural changes include the modification of the existing parking fee structure and parking arrangements. Long-term parking will now be located exclusively in an area away from the commuter terminal, and a daily parking fee will be implemented for vehicles parked for more than one week yet less than one month. The current parking fee structure calls for the payment of a monthly fee after the first week. As part of the proposed agreement, Community Air has asked staff to develop a plan for providing disable access to the ramp area. Staff has coordinated with the Mendocino Transportation Authority (MTA) in the development of demand responsive disabled accessible transportation. With prior Community Air Lease Agreement April 7, 1999 Page 4 notification, MTA will provide for transportation from the front of the commuter terminal building to the aircraft. Community Air will then take responsibility for delivering the disabled passenger from the ground into the aircraft. With input from the FAA, the Ukiah Airport Commission and Community Air, staff has coordinated a program for safe and efficient ingress and egress of the CalStar emergency helicopter during airline operations. As noted by the Airport Commission, the proximity of CalStar to Community Air's Aircraft Operations area makes simultaneous operations unsafe. With the assistance of Airport staff, coordination of take off and landings should eliminate this potential problem. Lease Terms In an effort to assist Community Air during its first year of operation, staff is recommending the waiver of rent for the duration of the lease agreement. This rent waiver will result in a decrease of $12,900 in airport revenue. Community Air has also requested that there be no increase in parking fees, or the implementation of Passenger Facility Charges or landing fees for the first year of the contract. As part of the agreement, Community Air has the "Right of First Refusal" on a 180,000 square foot parcel located at the north/west end of the Airport. Initially reserved for the location of a large maintenance facility and corporate headquarters, Community Air has recently informed staff that they will locate their maintenance facility in a more profitable community. Had Community Air decided to keep the maintenance facility in Ukiah as originally planned, that operation alone was expected to create more than 20 highly skilled local jobs. Community Air has also informed staff that while they have not made a decision concerning the location of their corporate headquarters, they are currently looking at cities that would be more financially lucrative. Despite this information, staff still feels that it is prudent to reserve this large parcel of land in case Community Air decides to remain locally based. Lastly, Community Air has informed staff that they will purchase the vast majority of their fuel in Sacramento. Citing lower fuel prices at the larger airport, Community Air will only purchase fuel at Ukiah when absolutely necessary. With gas sales accounting for roughly two out of every three revenue dollars at the Airport, this decision by Community Air, while understood from a business standpoint, was also disappointing. The cost of these improvements has been estimated by staff to be approximately $15,000.00, and will mostly be completed by staff. A working draft of the lease has been attached for the Council's information. Staff continues to work diligently with Community Air in an effort to finalize the lease agreement. Due to time constraints, a final draft of the lease will be forwarded to the Council upon Community Air's final review by their attorney. ITEM NO. 10a DATE' ADdl 7, 1999 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND APPROVAL OF FUNDING ASSISTANCE TO BOYS AND GIRLS CLUB OF UKIAH TO FUND USE PERMIT FEES At the request of Councilmember Kelly this item is being presented to the Council to request $450 in funding assistance to the Boys and Girls Club of Ukiah to pay for Use Permit fees. The Club is requesting the Use Permit in order to occupy the building located at 108 West Clay Street. The Use permit is necessary to comply with Section 9082 of the Zoning Code which defines the uses requiring Use Permits in the Commercial Zones. Should the Council approve the funding request, the funds would be paid from 100.1945.690, Community Support Fund RECOMMENDED ACTION' Approve funding request in the amount of $450 to Boys and Girls Club of Ukiah for Use Permit Fees. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine funding request is inappropriate and move to deny. Citizen Advised: Boys and Girls Club of Ukiah Requested by: Councilmember Kelly Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Attachments: N/A APPROVED: ~;~:ce Hog,mia ~,t Man y, ~i~ ager I_D2 Club. ASR