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Home My WebLink About2004-01-07 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 7, 2004 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATION a. Proclamation Supporting the Martin Luther King Day Event on January 19, 2004 4. APPROVAL OF MINUTES a. Regular Meeting of October 15, 2003 b. Regular Meeting of November 5, 2003 c. Special Meeting of November 21,2003 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Si CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Notification To Council Regarding Purchase Of 9,000 Ft. Of #2 AWG Aluminum, 15KV, EPR Insulated Single Conductor, Jacketed Concentric Neutral, Underground Cable To The Okonite Company In The Amount Of $9,134.87 b. Report to City Council Regarding The Purchase Of T-Shirts For The Youth Basketball Program From Ocean Breezes In The Amount of $5,122.39 c. Adoption of Resolution Amending Appendix to City Conflict of Interest Code d. Award Purchase Of Sodium Hydroxide To Basic Chemical Solutions LLC In The Amount Of $20,748 e. Approval Of Budget Amendment Of $22,173 To City Of Ukiah Water System Improvement Project For Additional Costs To The Project 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. al PUBLIC HEARING (6:45 P.M.) a. Discussion And Consideration Of A Proposal For A Progressive Residential Connection Fee And The Use Of Redevelopment Agency Funds To Reduce The Impact Of Connection Fees For Affordable Housing Developments Sm UNFINISHED BUSINESS a. Adoption of Ordinance Amending The Airport Industrial Park Planned Development Ordinance By Establishing New Regulations For The 32-Acre Mixed-Use Area 10. NEW BUSINESS a. Adoption of Resolution Requesting Local Agency Formation Commission Approval Of A Contract To Provide Water To The RCHDC Affordable Housing Project Via An Out-Of-Service Area Agreement b. Authorization For The City Manager To Sign And Submit A Joint City/County Grant Pre-Application Proposal To The Federal Economic Development Administration For Infrastructure Improvements Related To The Orchard Avenue Bridge Project c. Discussion Regarding Light Pollution In The Ukiah Valley- Vice-Mayor Baldwin d. Selection of Councilmembers For Meeting With Regional Water Quality Control Board 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORT 13. CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Januanj ID-, 2004 tw;ll be Ul~It 's tenl~ anmtal observance of Dr. J~artin Luther King da!l; and T~is even! was esttrbl~ed in Ulch~ in 1994 to lnwmote human ~arnmn~/ and encourage the elimination office and discriminalion of allpeople; and ~ continues to be a clmllengln~ social is~ze coqfronting ,/lmerica today; and Dr. King]reda via'on and devoted his I~fe to bringing a~out human unil~l; and V~e are all responsible for the achievement of racial peace, e~alit~t, and unit~ in this JVah'on ~f we are to malte Dr. King's dream a really. ~0 ~ ~~~~ ~ ~ ~rs~ ~ay~ ~ ~ Ci~ ~ ~'~ on ~e~ of mp fel~ ~ C~l~~s, P~il B~d~ ~ Sm~ Paul ~~s~ a~ ~a~ ~din do ~~ ~g ~~ ~ ~~ o~a~ ~. ~a~ ~ Ki~ ~i~~ ~ ~ bd~ planed ~ ~ ~a~ Lu~King Jr. Observance Committee, and oj~er the Council'~ support of ~ being held on JanumT/19 , 2004, and urge all cit~ens to achYeO/partici~ate in scheduled ach'dh'es and programs to henor tl~ menmr~ and signO~cant cont~'lmtions of this outstanding human being. ~ Janua~j 7, 2004 ~/~_ ~ ~- Eric Lar#on, J~allor ~ MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 15, 2003 The Ukiah City Council met at a Regular Meeting on October 15, 2003, the which had been legally noticed and posted, at 6:30 p.m. in the Civic Ce Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin, a Staff present: Customer Service Supervisor Archibald, Communi DeKnoblough, Finance Director/City Clerk Elton, Risk City Manager Horsley, Associate Planner Keefer, City Attorney Assistant Riley, Deputy Public Works Director Seanor, Dire of and Deputy City Clerk Ulvila. followin( )n. Office' 's, orr, Exei 2. PLEDGE OF ALLEGIANCE Customer Service Supervisor Patsy Archibald 3. INTRODUCTION 3a. Introduction of New Receptionist/Secret; Executive Assistant Riley introduced Karen receptionist/secretary and discussed her work experience, uire as the City's new Karen Maguire stated she is hz for the City. . INTRODUCTION Introduction of New Executive Assistant Riley introdu¢ clerk and discussed her work experiE =k City's new administrative Deborah Poi ~at the em at the City are great to work with. 3. II iDUCTION 3c. New Lori Martin, Customer Services Customer customer ;sts. Lori stated sh~ Bald introduced Lori Martin as the City's new III and discussed her work experience, family, and g at City Hall. . 3a. Intro Customer meter read~ of New Employee' Carrie Corbet, Meter Reader Supervisor Archibald introduced Carrie Corbet as the City's new nd discussed her work experience, family, and interests. stated she is happy to be working for the City. . ;ENTATION Presentation by Jim O'Laughlin Regarding Open Space Preservation Regular City Council Meeting October 15, 2003 Page 1 of 8 City Manager Horsley introduced Tim O'Laughlin who is an attorney specializing in open space land trusts and nature conservancies. Some members of the Paths, Open Space, and Creeks Commission are in attendance as this is important for them as well. Tim O'Laughlin provided the City Council with an outline preservation. Funding is provided by private, federal, state, and local the past five years, conservation easements have been the major preserve and protect open space. There are usually three key easements: 1) Monetary payment to the landowner for the fee landowner retains ownership of the property and is res property, and 3) The property development rights are went on to discuss the fee title, and noted that 10-15 method. However, it is no longer the preferred valuable properties. He noted that there are a model its goals after. He discussed goven corporations on projects. He went on to state and governmental agencies are not very state's fiscal situation. In conclusion, he stated that th~ has seen or worked with are programs that have well the parties stick to them. In ntenance roperty. was the preferred f0:'r extremely unique O~i!'~!!i~!i? .... that the City ca~ii? ;ring with non-profit He noted that the present time due to the successful programs he ectives and Discussion followed open space land acqu lack thereof, and public access. M City Council with regard to g sources or the was also discussed. Members of the audience that Robert Weara, Crane. in the were Dan Holbrook, 4. lUTES 4a. hr Conditional Clerk Ulvila ranspired :ermined ti feting minutes~ ~cerning the motions made regarding item the Appeal of the Planning Commission's Dwelling Unit Use Permit #03-17". Deputy City that she listened to the tape recording of the meeting to record the motions accordingly. After a review of the minutes, accurately reflect what transpired at the meeting. n the Regular Meeting Minutes of August 6, 2003, as 9 following roll call vote: AYES: Councilmembers Andersen, and Mayor Larson. NOES: None. ABSTAIN: Councilmember Rodin. APPEAL ~on read the appeal process. CALENDAR Regular City Council Meeting October 15, 2003 Page 2 of 8 M/S Andersen/Baldwin approving items "a" and "b" of the Consent Calendar as follows: a. Approved Disbursements for Month of September 2003; b. Awarded Acquisition of Rotary Screw Air Compressor From In( Equipment Sales in the Amount of $13,977.09 For the Department of Pu Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: Non~ 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the City Council. 8. PUBLIC HEARING 8a. Public Hearing For Consideration of Block Grant #00-EDBG-0738, Revision of Community_ Develo Plan Risk Manager/Budget Officer Harris advised that ti Grant (CDBG) program requires several public hearings process. The CDBG Program Income Reuse Plan porti( determine if reuse for housing He recommended the City Co; continue the Program Incom~ ram Income Reuse unity Development Block held throughout the grant hearing is to community. to Staff, and to November 5th. Discussion followed with regard guidelines, as well as other options that the project must meet Iow and enterprises were addre= program and income nds. It was noted by Staff Grants and micro rameters in which the funds could be used Council 13er Bah his con( for ht not increase ~at the assistance the City could provide g stock for Iow-income housing. Councilmei enterprise or these funds would be better used as a micro ;s loan, rather than for housing loans. ~aring Op p,m. Gordon'~ of Ukiah, look at the plan is in 417 Street, spoke on behalf of his business, Party Supplies the criteria were difficult to meet. He encouraged Council to in this plan and make them as flexible as possible. Once the it can be amended as needed. Closed: 8:01 p.m. in4 Smith voiced his support for broadening the scope and that it is ;d in the reuse plan. Regular City Council Meeting October 15, 2003 Page 3 of 8 M/S Smith/Andersen determining the accomplishments of Grant #00-EDBG-0738, Economic Development Allocation, have been satisfactorily presented to the public, authorize submittal of final Grantee Performance Report, carried by the following..:=~call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayo::~i~ NOES: None. ABSTAIN: None. ABSENT: None ..... M/S Smith/Andersen that the Public Hearing be continued to Nov~,~'!?~ii,~i~,p03~?'~?~"~?~'~: for Revisions to CDBG Program Income Reuse Plan potion of the Pub!~?:~'eari rried by unanimous voice vote. ......... 9a. ~~~ ~e Adoption of Resoluti ~ rding "~:~PUblic Sales T~ Ballot Measure For March 2004 Ci~ Manager Horsley distributed a copy of SE 56 ich signed into law last wee~? The bill authorizes cities to impose a general- ~n and use tax at a ra~ of 1.25% or increments thereof with the a the voters voting on the issue, The City would not need to can therefore go fo~ard with a public safety sales tax measure, The require a great deal of preparation in order to meet the deadlines for the March ~n, Mayor Larson stated that he wou to the voters and a budget noted that funding could Department in meeting their the measure be spent. He as the Police Discussion continued with regard officers, and the need for increasing whether the sale~ ~crease should of the public ~t conditions measure the need for bilingual was also discussion of It was agreed that education and state were important for such a Rece l:25 p.m. 10. NEW BI Discussio Manag B( Review of the City of Ukiah Storm Water Management Plan Seanor explained Staff prepared the City of Ukiah Plan (CUSWMP) as mandated by the State Water 'SWRCB). He explained that the implementation schedule P is the heart of the Plan and addresses six minimum control primary measure they would like to complete is the construction site noff control. As required by the SWRCB the City will submit annual ure its progress toward meeting the best management practices (BMP) identified in the implementation schedule. If the City elects to initiate street sweeping, there will be an expense of approximately $55,000, for a full time street sweeper. The current replacement cost for a .per is estimated to be $130,000. He recommended that Council review the version of the CUSWMP for comments and/or corrections prior to filing the plan Regular City Council Meeting October 15, 2003 Page 4 of 8 with the RWQCB. He noted that he has been in discussion with the Mendocino County Water Agency regarding a cooperative effort to produce brochures for the City. Discussion followed relative to the sedimentation of the Russian River, public and outreach, providing opportunities for citizens to participate in program and implementation, and distributing educational materials and performi inform citizens about the impacts polluted storm water runoff discha~ water quality. Grease collectors at restaurants were di., identifies those businesses that are in violation. Water runoff were addressed and it was noted that often times there are building permit to address that situation. Staff explained with the County concerning crossing jurisdictional It was the consensus of Council to receive the re 10. 10b. NEW BUSINESS Authorize Execution of Deputy Public Works Director Plan at the Corporation Yard w~ Quality Control Board. EPA Quality Control Board to Engineering in an Amount Not to Excel Services at the Corporation Yard and A Amount of $8,271 nor that the I by EBA to the )royal the Nort of ;ach rave on City :iated ;nt with EBA 021 for Environmental et amendment tin the Action Work Regional Water Regional Water uired report. M/S Rodin/Smith authorizing EBA Engineering in an amount not the corporation by the Rodin, Ander aldwin, and ABSENT: 7 to the Agreement with Environmental Services at roll cali'""'vote' AYES: Councilmembers Larson. NOES: None. ABSTAIN: None. M/S n/Smith ex vote: AYE NOES: None. 'an ant to the 2003/2004 budget increasing by $8,271, carried by the following roll call , Smith, Baldwin, and Mayor Larson. None. ABSENT: None. 10c. Customel Program p appliances distribute BUSlN Public Benefit Fund and Possible Revisions to the :.A.R.E d Energy Conservation Programs · Archibald advised that the City's Energy Conservation rebates to any City electric customer for replacement of old ones with an Energy Star label. There is currently $50,000 available to and cover administrative costs for this program. Solar power is led by the City of Ukiah and rebates are offered for installation of this "green powered" generation source. Current rebate amounts of $18.000 000 for residential and commercial businesses respectively, are set aside 'ear. Regular City Council Meeting October 15, 2003 Page 5 of 8 The most tenured program using Public Benefit money is Ukiah CARES that was adopted in June of 1998. This program provides monthly discounts and emergency funds to pay for electric charges to eligible Iow and moderate-income hous~ A customer must be deemed eligible by meeting the income guidelines as Attachment #1 of this report. Staff is recommending that several changes be approved tonic energy conservation program staff is recommending that Council' amount to $200,000 to allow an increased rebate amount of 25% ~::::::~e overal customers investing in double pane windows and/or central air condi~ODi0g and hi systems. :~'~"~.~ .... Staff is also recommending that the CARES mi additional $5 for each of the eligible senior a~ Attachment #2 displays expenditures based on M/S Baldwin/Andersen increase benefits to Increase expenditure amount to $200,000 for the Provide a 25% rebate based on the overall cost for and/or central air conditioning and heating systems, vote: AYES: Councilm~ NOES: None. ABSTAIN: Non, are increased an ible non-senior cust~ ~jon in the program. ................ .E.S¢iii~i~:?::i~ated in Scenario #2; ~n Program and; in double pane windows the ~!towing roll call ~i?Mayor Larson. 10. NEW BUSINESS 10d. Approval of Property Program, Authori: Compliance with Governm, Ado Sur Deputy C Resoluti~ prop~ Sur ProcuremE employee "Ass~ list ned em the "Elic. of Compli; the Federal Surplu-~ Execute Assurance of istration Regulations, and atives for State/Federal 994, the Ukiah City Council adopted employees to acquire federal surplus ;nt of General Services (GSA) Office of by the Department of General Services Sacrament that in order to update the City's Council must adopt a new Resolution authorizing certain purchase Federal Surplus Property. Additionally, the City must Application" form and authorize signature of the GSA Regulations, etc.". M/S Property Regulations as City rel g Eligibility Renewal Application for Federal Surplus , Authorize signature of Assurance of Compliance with GSA ~d Adopting Resolution authorizing designated City of Ukiah employees to acquire Federal Surplus Property from the California State Surplus Property, carried by the following roll call vote: AYES: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. None. ABSENT: None. =IL REPORTS Regular City Council Meeting October 15, 2003 Page 6 of 8 Councilmember Andersen reported that the Housing Element and Commission held a joint public hearing concerning the housing update. policies have come forward and they are working on a draft. Today he atte meeting with the Ukiah Players Theater and Space and they are looking at local jurisdictions to take an active role in arts and development. Next be participating in Make A Difference Day. He also advised that his released a report on the housing element in Ukiah and he will Council and staff. Planning Proposed a for Councilmember Smith reported that at the last meeting, Mayor to the Department of Energy Secretary. Senator information she received from her Washington staffer. her views and is now supporting it. that ~ed on The NCPA legislative tour was held today th Congresswoman Patty Berg. The group toure enjoyed. Next week he will be at a NCPA and Thursday they will tour the geothermal facilities which they really on Wednesday Councilmember Baldwin reported that he attended a Power Commission (IWPC)last County Water Agency's relati( attended a meeting with Cai' the Willits bypass. nd Water and ;d was the yesterday he two-lane road for Mayor Larson reported that he Maverick Enterprises. He attended will be g 28th for a pre regard to ti !uncheon, and tour of :ion and was impressed. He There 'Will be a meeting in Willits on the ~irector of the League of California Cities with 12. City issue this from cities. ~e League of California Cities' Priority Focus :hwartzengger's campaign and cutting the VLf closely monitor this situation. an audit and our fire insurance ratings for this area will d an article to Council regarding traffic hazards. The and she encouraged all to attend. Adjourned Adj 0:32 p.m. to Ukiah Redevelopment Agency. 10:35 p.m. tsed Session at: 10:35 p.m. ;ED SESSION Conference with Labor Negotiator G.C. §54957.6 City Designated Representative: Candace Horsley, City Manager Employee Organization: Management Unit Regular City Council Meeting October 15, 2003 Page 7 of 8 No action taken. Reconvened at 10:45 p.m. 14. ADJOURNMENT There being no further business, the City Council meeting was ad p.m. Marie Ulvila, City Clerk Regular City Council Meeting October 15, 2003 Page 8 of 8 MINUTES OF THE UKIAH CITY COUNCIL 4b REGULAR MEETING WEDNESDAY, NOVEMBER 5, 2003 The Ukiah City Council met at a Regular Meeting on November 5, 2003, the n~t~:::~or which had been legally noticed and posted, at 6:30 p.m. Roll was take~ following Councilmembers were present: Rodin, Andersen, Smith. and~: Mayor Larson. Staff present: Administrative Analyst Burck, ,ervices Director DeKnoblough, Police Administrative Captain Dewey, Fina~:::::'Din Wastewater Treatment Plant Supervisor Gall, Risk Manager/Budg~ii ~fficer Ha~i~i City Manager Horsley, City Attorney Rapport, Community Services SuperiOr Sangia~0, Planning Director Stump, Police Chief Williams, and Deputy Oity Clerk:':~t~i!a. ~,or Larson advised that there is a request from,,:~ ':'to pla~:~':an urgency item o~ the agenda. The need to take action came to the ~~:i°n of~he City subsequent to th~ agenda being posted. The Urgency Item invol~i!i~option~:~:f~'~?Besolution Adopting a Memorandum of Understanding betwee~~ity of ~i~h the Management U n it". 1 a-9 M/S Smith/Rodin to add urgency item of ,','Approval of Man~ nt ~?Memorandum of Understanding", to the Agende~em 10e" and also as a ~:~i~ ~ssion item, and carried by a unanimous voice .... ~¥~ ~u~cil .... ~ 2. PLEDGE OF ALLEGIANCE~ ~:::::. ~::?~?~ ?::~::~ ........ :~::~?~ Marl Froneburger led the Pledge of:~i!egi~ Mayor Larson ............................ a minute of s:~e in recognition of those firefighters who lost their lives ;outhern Cali~ia.=:~H~e noted that the City flags are flying at half-mast i~?:?;~heir honor :::::::::::::::::::::::::::::::::: 3. IN 3a. Prese~t~t!~p:~:y Amy O' of the League of California Cities ~;:~e~pnted~=:.a Power Point presentation and discussed the Local and Publi~:=::~??:Se~:~ Protection Act, a ballot initiative, which ensures voter ~oca~ tax d~!i~:=:¥or public health, safety and other essential local se~ices. For more=~t~B a decad~;~?:~he State legislature has been taking away increasing amounts of tax doll~:~:~:::~hat citi'~:=~ use to provide essential se~ices. This has forced cities to either raise]~al fees or taxes to maintain se~ices, or cut back on critically needed se~ices incl~:~;ing police, fire, emergency and public health care, roads, parks, libraries, :=~:~= :. and water ~di~sed the Vehicle License Fee ~LF) and that the state has deferred $360 m~:~i~ ~ VLF backfill money, without interest, until 2006. There was also $135 million "- ~ time" o~e shift of Redevelopment Agencies funds. She discussed the Bradley Burns Regular City Council Meeting November 5, 2003 Page 1 of 17 Sales & Use Tax that will begin July 1, 2004 in which the state will take 1/2 cent of local sales and use tax to finance $10.7 billion in deficit bonds. The initiative proposed by the League of California Cities would require voter.:,:~,~a!, by a majority of the electorate, before a proposed state law may take effect t~ti"i~edu~ ::::: the sales tax, property tax and/or VLF funds of cities, counties and spe~i~!:.:.~!stricts. I1: will ensure that local tax dollars are available to fund local services, andi ~1~ that it is the State's duty to reimburse cities for all state mandated programs. The initiative will not raise taxes, will not increase funding to local g~[,nment, reduce funding that schools receive from local prope~y ta~::or fun~i~:that sch06i~ receive from the State, and will not reduce funding for othe~ ~i~:~::progra~:'~ 3. PRESENTATION/PROC~MATION 3b. Proclamation: Community and Regiona!::~nning D~i~ Ukiah- Councilmember Rodin- Councilmember Rodin read a Proclamati~:'~ de~;i~at~'~::?N°~mber 8, 2003 as Community and Regional Planning Day in Ukiah in ~j~::nction with the worldwide ce l e b ration of Wo rid Town P I ann in g Day. Planning Director Stump acce ~?~be:.~proclamation. 1 A- 188 ~?:~ ~ APPROVAL OF MINUTES .... ....... Coun~lmemb,r ~din drew aae~fl~ ~ ~$~o fivei~:?~:~ to rocommondod it read as lollows, "C~~ombor ~in was of tho option that no fu~hor ro~ulati~$ ~ D~edod with ro~d to loaf blowors and othor loud noisos, and that commo.n:::~:~e°~~s i~ what i~ ~d~d:~:~:~om nei~hbor~". .............................. ~/S ~d~;en/Baldwin ~¢provin~ the mi~l~s of the ~e~ular Ueetin~ of August 20, ca[~i~:~:a~ uaanimoU~:~h~l "AYfi" voico vote of the City Gouncil. 1 A-200 5. RIGHT TO A~~L DECISION ~~ Larson re~ ~e~::appeal process. 6. CON~~ CALE~R M/S aaldWi~mith a~roving item "a" through "g" of the Consent Calendar as follows: a. Authoriz~.Expenditure Of $23,638 For Environmental Compliance Se~ices At The Ukiah S~!~Waste Disposal Site; ~:b. Rejected ~laims For Damages Received From Joseph And Sandra Talamo And Melvin~. ~d Adella Quinliven And Referred To Joint Powers Authority, Redwood :~E~Pi~eMunicipal Insurance Fund; c. ::~:~; ired Repo~ Of Emergency Acquisition Of Se~ices From Granite Construction ~;;;~bmpany For The Grinding And Paving Of A Section Of Mill Street; Regular City Council Meeting November 5, 2003 Page 2 of 17 d. Awarded Purchase Of Mobile Storage System For The Grace Hudson Museum To Systems Concepts, Inc. In The Amount Of $27,616; e. Awarded Bid For Replacement/New Computer Equipment And Printers From;Dell Marketing L.P. In The Amount Of $28,788.10; f. Authorized Sole Source Procurement For Police Transcription Transpositions Not To Exceed $20,000; g. Adopted Resolution 2004-13 Approving The Application For Grant :E~:~ From The Per Capita Grant Program Under The California Clean Wateri ~lean~:~:~:!~r,:::Safe Neighborhood Parks, And Coastal Protection Act Of 2002. Motion carried by the following roll call vote: AYES: Council,members R~in, Andersen., Smith, Baldwin, and Mayor Larson. NOES' None. ABSTAl~iii;??:=,~One. ABSENT: None. 1 A-227 ~:. ::;,:~. i: :.;: 7. AUDIENCE COMMENTS ON NON-AGENDA I~EMS No one came forward to address the City Council,!i!i 8. PUBLIC HEARING 8a. Notification Of Award Of Federal Law Enforcem~ ock Grant Discussion Of Fund Allocation, And Approval Of Budget Police Chief Williams ex ~ Police Department block grant in the amount of $17,434. Thi,, ~ires a City Match~:~:~fi;~$1,937. This grant has been used to pay for Departm~["and it is their desire to continue that service for t~'b com~ing year for [o exceed $20,000. a 207.1 match) in get reducing grant revenue in account increasing miscellaneous revenue (local 905.000~b $1,937, and increasing expenditures in account Burck advised that Brown and Caldwell have completed the Analysis and has determined that current sewer connection fees do not revenue to cover the cost of increasing plant capacity for new cu She reviewed the project milestones and summarized the work completed on!:'~he Connection Fee Analysis by Brown and Caldwell. On the basis of the Regular City Council Meeting November 5, 2003 Page 3 of 17 Connection Fee Analysis, staff is recommending the connection fee be increased to $8,759. If the connection fee is less than $8,759, then the capacity cost will have to be subsidized by existing users, people who have already paid for their share of capacity. The total cost of the project is estimated at $64.6 million, and the projected new sewer units that the City would be adding the capacity for is 2,349 connebti~s. The cost to increase capacity for these new connections is $20.6 millia~i .............. ~:?~itionally, capacity costs are recovered from connection fees of future needing to increase the fees now is because the City has alre~ begun i:~in~ expense~ on this project. The le~s revenue available from fee~ an~::~r~e~, the: ~ money the City will need to borrow. That would mean a hi~b~r fina~: co~t for t~i~ project. Tim Banyai, Assistant Project ~anager and Princip~!/~?~:~ineer for Brown and Caldwell~ discussed Brown and Caldwell s Connection F6~:~::~::~::::~'alysis ~:~:d explained how the~ arrived at the new connection fee number. ~ ~ ~:.~ ~:~?:?; ~ ~ Councilmember Baldwin stated he is under the imp¢:~]9~:~?.~hat a year ago Brown and Caldwell estimated the whole project costs would be $~;: ~d $45 million. He inquired as to why "other costs" total another $20 million ....... Mr. Banyai explained that th~:::?~~?~:~:~as probably taken::~::~ ~e proposal that included only the constructiog:/~;~:~~~:~:/~?~:::their proposal th~?~:ncluded figures for estimated construction cost~ ~::~ ~O $45"::::~~ ~:~He::explaine~/~at 32% of the project is due to gro~h. ':~:~ .... :::~?~:~ ~:~:: .... :.::::~:.~:~ Eric Wahlber~, Ph.D., P.E., Project ::~:.~::~and V.~ ~cess Optimization for Brown and Caldwell, ad~::~::~:.~hat the avera~ ~:~ weather':~w (ADWF) capacity has to be increased fro~::~?~:~.::~::(million gallo~ ~ day) to 3.01 mgd in order to get where the population:i~ ~:::~:~w. i~ ~ddition, the r~~nded project is needed to meet the regulato~:~uirements::~t they foresee::~:~?~]~6 ne~ 20 years in terms of Biochemical Oxyge~::::D~mand in 5 (BCD5), Total ~:~pended Solids ~SS), and coliform limits. The No any more new connections to the treatment plant. If that :~~the case and if a change in ordinance were made to allow those pegple that wan~ ~ build in the se~ice area, and construct septic tanks, the City ~:: ~]~ risk sudace ~~ con~mination from leach fields. In terms:Sf:~/N~O Project,:::~:~:e would be no new connections. The permit violations would initiate a :::~ase an~?/~':/:::::besist Order; the State would take control of the ~P improveme~:? Aisc this could result in fines and possibly imprisonment. : :~ Discussion::~]lOwed with regard to obtaining grant funds for the project. The condition :'~: of the cu~bnt wastewater treatment facilities was discussed with regard to the ~ :::, :. ne~es~:::: upgrades needed. It was noted by staff that the plant is currently e:~]~:ing a high infiltration problem. Government mandates were also discussed. Di~Ssion continued with regard to the m~imum number of new connections for the waStewater treatment plant and its capacity. User fees were also discussed at length. Regular City Council Meeting November 5, 2003 Page 4 of 17 Councilmember Andersen was of the opinion that the City should be careful about fees for quality affordable housing projects. Councilmember Baldwin requested jurisdictions. Staff investigate fees Public Hearing Opened' 7:50 p.m. James Ward, Dan Obergen, and Jeff Trouette, were of the oPi~i~h that a~ ~i000 connection fee would place a hardship on contractors. Public Hearing Closed at: 8:06 p.m. ......................... City Attorney Rapport advised that there is con~:,~:i:~::~bout people who have gon9 through the entire Planning process and have in~.e~ in their:project and are close t6 construction who are now suddenly hit with.:~ h~igher fe~ ~i~:hout warning. This amendment would protect them and would pr~t:~:~Ple fro~:'~h=.ing in between now and Februa~ 3rd to t~ to prepay the $1,000 fee to avd:i~ ~:~ the higher fee. City Manager Horsley responded to an audience com~:::~conce[Ding what staff should have known years ago, by~:~ying that staff could not h :~:~0r~n the changes in state law and requirements o~[?~ ~~ater treatment plant~?~ ~:~fact that the City may not be able to release =to:~:~?~:~=ri'~:~?~hat:~=~i~ may not be ~i~::~::~'t° have percolating ponds was not in most peoPl~:=m~'i~s year~=~:~:::~:=:?~==~ ~ Mayor Larson inquired if the con~;~tion ~:~.~Could 5~?:~o~ized over an e~ended period of time and incorporated into ~=~~ly bill. ~:~:Would be an option to paying the entire costs==:=~:~[~:~:~?~.:~gnce. Aisc, if, ~:~:~i~:~e future, th~ City realizes that it can create more connectie~:~??~?~::::?~:anticipated and~=~ave more money than anticipated would the City be abl~:?=~rovide ~:~::~ebme to the de~!o~S~ City ~D:~y Rappo~:~:~ised that both:~?:~ayor Larson's inquiries would be possible a d ~l~n t=~ERDW of aD~ ?~!~9[~::.~.~:G!~code prows~on that would prevent it. However, it would by the City Council. : ~:~D~scussion conti~::=~:~with regard to the proposal to increase the connection fee and i~:: would aff~ ~eve!Dpers. There was discussion concerning how other juris~i::~i~hS, base thei~=~; ~h as on the amount of water used per household. Councilm~ber Seiki:n was of the opinion that if the connection fee were based on the number~:~toilets per household, that would be a built in encouragement for more affordable u~it~. He inquired if the City could legally provide for a lower rate for public housing and affordable units that would remain below market value ~Unci!:~mber Andersen inquired if staff has explored the issue of a transfer fee W~:~:~:~:~:~:~b~Pe~y changes owners, such as a connection fee. He stated it is his opinion that~;~he City should be taxing transfer of prope~y. The whole point is to meet the Regular City Council Meeting November 5, 2003 Page 5 of 17 capacity limits that the state requires, but also provide clean water into the Russian River. Ms. Burck explained that if a person sells a house and another person buys it, t~ are in affect buying not just the house, but also the connection that the previous P~f$°n P~id.: for. Councilmernber Andersen inquired about what would happen if ~:~ Ci~ Council approved the proposal and the Sanitation District decides that it is ~high? ' Ms. Burck explained that the Sanitation District would have ~emake u~::'.(~e., difference ~n their monthly user charges. The amount of money is the S~ and theY:::~;~e attempting to make it as fair and equitable as possible so that the e~:~se ~f the plant that is being incurred to add capacity is borne by the people who wi'ii 6~nefit from it. City Attorney Rapport explained that there impose a connection fee on a transfer of connection fee but considered a tax and the assessment, and in either case, may require a very being used to adopt this connection fee. leg~! Problems with trying to not.~=~;:':~,iSlassified legally as a imposing that kind of procedure than the ones City Manager Horsley summa[i~ ~ha~,,~Council has expresS~:~:~:i'~ ~ii°wing concern: 1) Regarding a possible tran~?;:,~'=~=~ ~ieS are sold; 2) D~=~ine the fee by the number of figures within th~ ~u~==or m0'~i~ ~)~?~pnection amo~ized over time into monthly fees; 4)If too'='~uch '~pey is ~9~ [~ ~[~e a possibility for rebates and how would that be done; 4)~fine ~:?encour~g~?~ffordable housing; and 5) Provide a discount for Iow income ho~i~.g?~elopme~?~ Director there is a:'~:~ee on the building permit application based on the that money'::~:.?~::::the utility. Since the fee structure is currently i~ ~lace, there ~bld be some m:~i~:~tion that would help the Council modi~ its actiO~ ~ Council ado~:~:~he Ordinance et::~:~is meeting. CoL staff could use this data to calculate a varied rate structure, 5 on the number of toilets in the new dwellings. ~i!member ~~[seD?~:~discussed ways in which the census data and a GIS syst~ ~uld break d~ ~;~ information geographically. He expressed his concern with the?~ repo~ing:~( there would be only 1% increase in gro~h of sewage per year. He::~gested ~t~ff explore what other jurisdictions have done and felt there is more work tS:: De done. ::.Councilme~er Smith suggested that, instead of adopting the Ordinance, Council bring the Ordinance back in a couple months and after the Sanitation had an oppo~unity to review it. The information requested by ~mbers Baldwin and Andersen could be presented to Council at that time. Regular City Council Meeting November 5, 2003 Page 6 of 17 Mayor Larson was of the opinion that the longer the City puts this off, the more expensive the connection fee could become. A program could be established to amortize those fees so Iow income-housing developers can continue to build::~and spread those costs out. He was supportive of adopting the Ordinance as presented with the recommendations that further analysis be obtained. Councilmember Baldwin expressed the need to create a process so:that?thii~i:~?fee does not apply to Iow-income housing that is going to be construct~':i?'?~:Unit§:?:',::::that are guaranteed by law to always remain below market value, the fee sh~i~]d be cut inhalf or more for such units. M/S Andersen/Smith to delay the implementation of the O'~di~n~nce for tWO months and to be agendized at the second meeting in January, fo.[?:~: to ret~:rn to Council at that time with an Ordinance that incorporates affordable~/~i~d:Sing elements and an analysis and study of connection fees based on the num~:??bf fixture~:::::as well as other items listed by the City Manager, and not adopt the Ordinance at thiS:~time. Ci~ Afforney Rappo~ expressed his concern that i¥:~'~:~?::~oun~il' continues to go the way they are going and prepayments are permi~ed, there ~::~i~?.:.be a stampede of people coming to City Hall and prepaying fees. If Council does p~;~St~.e moti~p~ that it should also consider a motion that wouldj:~:~truct Staff not to accept pr~p~y~nt':of fees and to only allow for the payment of co~i~Jees where they are aC~l~ty~iSsuing a building City Manager Horsley explained t~t there sh~i~;:~D~:::~: ption for those that have gone through the process and have ::~n a~~ed by':~i~i:ng as amended by the City A~orney in the proposal. ::?~:: :?:~:~.. :~:.::::~:::~:~:~:~ ? :::~:::~:~:~ :? M/S Andersen/~~ ~ending the m~i~n to incorporate the issues expressed by the ge' :~ y':~r Mayo~:~on discusS?finding a way~?~?:ibwer an affordable housing connection to wo~t~::::~:?:?~~:?~:~ig~~i~g'the non-affordable housing connections to : :.MoUon carried b~?:~i~:~:::::following roll call vote: AYES: Councilmembers Andersen, Smith, ::::':::~:~ ~tdwin. NOE'~.?~.~:~.Cou~cilmember Rodin and Mayor Larson. ABSTAIN: None. . . ::~'h.:~:::'::.. ::::::::::::::::::::::::: .... . .....: ...... . ecessed.::~:~55 p.m.'::~::? ' Reconvene~9:07 p.m. ..... 3A-46 ::~:::':: ::'9~ UN.EINISHED BUSINESS :~:ga~:. Dti~bssion of Improvements To Thomas Plaza It ~as:.~ consensus of the City Council to continue the ma~er to the ne~ meeting. : ::::: :: :: ~ 3A:55 Regular City Council Meeting November 5, 2003 Page 7 of 17 9. UNFINISHED BUSINESS 9b. i. Adoption of Ordinance Adopting Chapter 8.C of Division I Of the Ukiah City Code Imposing A Transactions And Use Tax To Be Administered By The State Board Of Equalization City Manager Horsley explained that the State Board of Equalizat[~i~:B~:~i contacted the City regarding the sales tax measure. They sent their mg~!:!:?:brdinanc~~: to the City Attorney, who revised it for the City of Ukiah's use. f:::~iS~"::measure is approved in the election, the City is then required to enter into two :,88~traCt§ ~ith the SBOE; one to set up the new sales tax, and the other for on going ::~:~inistrati~ :~nd a fee with them. Aisc included for Council's review is a resolution 8~!liSg for a s:~Sial municipal election, consolidating the municipality with the Preside~(i~! primary presenting ballot measures to the voters. The measure reg~iSg:the ci~lerk can b& adopted by a simple majority of the voters, while the sat~/~x ~':~aSure would require a two-thirds vote. . City Attorney Rapport requested changes be?i~e to sub:~:~!on B on page 2 to r " .... ead, The first major_ _ . shall be cons~deF~::.an'~:~:]p@ro~ ~e second sentence in that paragraph should read, "The second ~: §hall be considered and approved by two-thirds majority vote." Aisc under the=~thtrd C should read, "The second major form..." with everything else rem~i~.i~g~.~the s~e? He also observed on page 3, paragraph:::::~:.:~jye; it should state Novemb:er,~::::]~,' 2003. The Resolution would state exactly ;asures would say, w~'~i~:::~li for the election, and authorize the City and .:~.~~ an agreement ~::~t would allow the County to conduct the electi::~ii'?'~n:~:'~'~balf of He explained that the Ordinance is ~]~en ::::~i?~::~at it co incorporated into the City Code and it amends the Code to add::::~'?:n~'::~Chapter 8~':~i' He referred to page 5 of the Ordinance and no~:::,~e City has dis~i~::~, "Article ~:'~:~ermissible Uses of Transaction and Use Tax,:~S~i~ ~ ~46" includes th~ ~xpenditure pla, n. The measure would impose a one half ~~nt sal~:'~ ~ in addition t~ ~he::.~i~5% that s currently charged in,the City. There is ~',~:~rmination ~e and the waY~::~ ~rdinance is currently written, it s an on- going ~ i~c~ease. DiscUSsion= ~tiiD~e~i~'~=:i:~":~:~i~i~i~ ~ ~i~::'increase in costs for retirement, pension, and salaries, as W'~li ~ ~:~aintaining the level of service that public safety, both police and :~i[e,provide. It ~ h9ted that the way in which the Ordinance is written, it does provide ~!exibility to=:~'~ Cit) :/,,,~e, pending on unforeseen circumstances in the future. Edu~ti~ ~he voters ~?~i~ ~:ity s budget situation was seen as a prime necessity to the passage~'~f ::':~he mea~b?:=':: A brief discussion followed with regard to specifying the number of i'~w office~:~the proceeds from the tax would provide. Staff continued to discuss the :status with State possibly taking the Vehicle License Fee (VLF) away from cities and al~ pending changes to the Public Employees Retirement System (PERS). :It is estimat~ that the revenue from the one-half cent sales tax increase would generate $]i3 million. ~~;~ii:~:ember Smith was of the opinion that the Expenditure Plan should be more s~~ relative to the additional law enforcement officers and their support equipment. Regular City Council Meeting November 5, 2003 Page 8 of 17 He felt the City is mainly asking the public to approve the measure mainly for additional Police services. Mayor Larson proposed an amendment to paragraph "A" of the ExpenditUf~::?lan following the first sentence to read, "The City shall provide for a minim.~'~?°f additional patrol officer per shift." · City Attorney Rapport proposed an amendment to page 6 at the.:~::~:~:'~ °f the~'fimt line where it says, "maintain public safety services at the level availabl~i~,~:·:j:n the CitY~:in ·the 2003/2004 fiscal year." After some discussion among Council··::·:'~d Staff, it :Was determined that the amendment should be located after the~mma and',~:~?State "with an additional three public safety_ officers assigned to p rOl, i?d~,~ · Kevin Jennings, a member of the Ukiah Fire Depa;~::b·nt, expressed his concern that discussions have mainly focused on the Police se~i~e whil:e,::there is also a need for additional medics and Fire Department personneli Emmett Jones, an accountant, suggested that the ~'::~:!(e:qnclude hours per year so that the commander would have the flexibility to cover Jim Mulheren, business owner,:,;..~:..::.suggested that instead discourage businesses inside the City limits:~,~!;'~ i~[easing the sales tax th~ drive customers outside the City, encourage b~i~ie~'~ ~:~; and within the O~qimits and generate new revenue. City Attorn~ i~:'~pp;~"~Eerated that ttii~::::~rdii~nce, as written, would allow the use of the proc~8~' from the ~ to be used ~ ~fi::'~e and Fire Departments and medical service~ counCilme~ir~~::~:'~::'::'~':"~;:~ii~ ~i he would feel more comfo~able to not include the language 8~~:~ing the additional police officers in the Ordinance. He expressed his concern with::~ihg the hands of this Council or any future Councils around that DiscusSi:~ ~ontinued ~ ~:~egard to the City A~orney preparing an impaAial analysis of the Ordina~::. CreAting an Expenditure Plan for the t~ revenue was discussed. Discussion ~i!Owed with regard to the difficulty of anticipating revenue, especially in light of the ~F funds and State cuts. Possible consequences of the ballot measure ~:~::: failing were ~ddressed. :~ ~commendation by City AUorney RappoA, it was the consensus of the C::~;~c88ncil to adjourn this meeting to Monday, November 17, 2003 at 3:00 p.m. Regular City Council Meeting November 5, 2003 Page 9 of 17 City Attorney Rapport explained that Council would not be able to adopt the Resolution at this time because "Attachment 1" to the Resolution is the Ordinance. 9. UNFINISHED BUSINESS 9b. ii. Adoption of Resolution Calling For A Special Municipal Electi~" For Two Ballot Measures City Attorney Rapport advised that the Council couldn't adopt the R~:luti:6h Bntil the Ordinance is completed. The Ordinance is an attachment to the Re~,i:~:~'ion. It was the consensus of the City Council to continue the m.aBer to M::~day, November 17t' at 3'00 p.m. 8. PUBLIC HEARING 8c. Adoption of Revised Community D~!Opment:':Bl:ock Grant Program Income Reuse Plan ~:?::!~,~i!:~i ! !?:~:?~:~!?~:~::: .::/~;:?;i?~::i:~:/~!!:;~!~:,::. Risk Man~/B~~--~-fficer Harris advis~?:'tha{:::~?:".~is,::.m~r i':~::~:::':a continued Public Hearing from the October 15th City Council meeting :~:~ ~ii~w staff the oppoAunity to finalize revisions to the Community Development Block G~::::?(CDBG) P[ogram Income Reuse Plan. The revisions are to allow the City to utilize the'::':"~nt repayments to assist Iow and moderate-income personS?;~aAicipating in a first time hS~ebS~brs program. He advised that the previous Re~:~:~i~ I":dicated that 100% ~0~I~ be allocated for Public Hearing Opened: 9:12 p.~:~ ........... No one came fo~ard. Public Hearing Closed: 9:12 p.m. ?:::~:~ ~?~:~:~ ?:::::::' :?' .... M/S Smith~n~:'~'~:~?~:~pting CDBG::::?~Pg[~ Income Reuse Plan; carried by the following:.~r01t?Call vote: :~ ES: Councilm~~:' Rodin Andersen, Smith, Baldwin, and Mayor~°n. NOES: ~ne. ABSTAIN:~:::::~B~e. ABSENT: None. :~ ~:~:: ~.;: :~:?:~::~ :??:~ :~.: .... ?:::::~:~::?~ ~.::: :: ::::::::::::::::::::: ::::::::::::::::::::::::::: 9d. A~Drova'f~Brown and Caldwell s Design Proposal For The Wastewater Erick hlberg reviewed their design proposal and presented the results of the ::B!~nt O~i~iiZation Study. He discussed the goals of the Wastewater Treatment Plant l~[o~::~nt Project and noted it is needed because the plant is at capacity and that it ha~ ~i~l;~ted its NPDES permit on occasion. The plant has old and outdated equipment andit lacks redundancy for key process units. They have concluded that chemically Regular City Council Meeting November 5, 2003 Page 10 of 17 enhanced primary treatment can increase the capacity by as much as 15%-20%. On the safe side, they recommend that the City allow 10% more connections during the interim period. This amounts to approximately 750 connections. Remova/,,~Q~:the percolation function is a major problem for the City because it will have alternative affluent disposal to a rather significant degree. They are workiDg~,::~ith Burck and Supervisor Gall to set up a workshop with the Regional Bo~rd~at shoul~ include Councilmembers to discuss delaying that permit change for as::.:t~ aSpossible. They have also recommended that, in anticipation of this, the City ~Velop ~: ~ycled water master plan. They recommend that the City develop a colle~n system ~er plan to identi~ I and I rehabilitation effo~s. Wastewater Treatment Plant Supervisor Gall discussed~:~?~anges at~he plant ove~ the past few years. . M/S Baldwin/Rodin approving the Waste Water:~eetment ~:i~nt Improvement Proje~ Design as proposed by Brown and Caldwell,~:~:~:~ie~d by th~ [O!J.owing roll call vote: AYES: Councilmembers Rodin, Andersen, S~::'~:~i~Win, ae~?:~'~Yor Larson. NOES: None. ABSTAIN: None. ABSENT: None. ?~?~?~:.~:: ~;~ :~ 10. NEW BUSINESS 10a. Discussion and Possible::Action Concerning Prope~y Planning Director Stump :~d~:~'=~'=:~:=~ ~! Communities ~:Sing Development Corporation (RCHDC) rece~i~a~[each~::~ ~[O~=::=:=~d.~iscuss t~::~:~Possibility of the City providing water for a large ~fforda~i~?.housing?~~ ~Si~ the City limits, located in the Brush Street Triangle, and provi~ihg an:::~:~=~=:'0f se~i~?~greement. Staff indicated that Council's current policy is to not ~?:?:~'pe~y ou~i~ the City Limits unless it was first annexed to::~the~:~:City. RCHDC '~bed that the'~ would allow City input in the planning and:~::~i~? ~ ~his project, k~ing that the Council is concerned about the future desig~::::~f proJ~:;~ located in t~=~ B.[~ Street Triangle. Staff met with the County,s:~:~ning staff ~ they agreed ~=~!~::~?~llowing the City to play a major role in shaping:.~he site planning ~:~nd architecture~Of the project. City ~ i~er from Frank McMichael, Executive Officer of Local Agency =: ~~tion Commission (~FCO), in which he outlined the requirements : ~he City would ne~?~9 meet if it wanted to annex any prope~y to the City or out-of-area : :: ~i~agreement ~d~ ~ope~ outside the boundaries of the City. Direct°~ ~:~mp advise~=.~hat options available to the City Council regarding RCHDCs request ar~?:~:~)CounCii::~°uld consider providing water to the future affordable housing project with ~ out-of-area se~ice agreement if ~FCO approves it, and 2) Predicate this commitment with the provision that RCHDC commit to working closely with City Staff on site~?:~ianning and design issues. :~ :~h~ M~i~ld and Rosaline Petersen spoke to the issue. D~~e Hill, representing RCHDC, discussed the proposed project and noted that it is an::bppo~unity for RCHDC to provide affordable housing in the Ukiah community. It is Regular City Council Meeting November 5, 2003 Page 11 of 17 his understanding that RCHDC would need to submit an application for annexation and is supportive of Staff's recommendations. He discussed negotiations with the seller of the property and that they are under a strict timeline. If the City does not agree to provide the project water, their deal may fail. He explained that they have discu~ ~he project with Ray Hall and other County officials. Councilmember Baldwin inquired if RCHDC has submitted a appl:.::l~fio:n'~ ~or water service with Millview County Water District or the Flood Control DistriCt! Mr. Hill stated that Uillview is not interested in serving the project Bill Randolph was of the opinion that the project should ~ A~:,~:plann~::~ii::~':i~evelopme~i project. He urged the City not to change its policy on se~':~ o~¥~service area. Emmett Jones, accountant, spoke in support of the City Attorney Rapport explained that if the C~ ~:~'~i:l:~:want~ ~:~::~?'~bstantially preserve its policy, it could make the approval contingent o~,~ii~;i~~Os approval and the tax sharing agreement. Councilmember Baldwin was benefit of the residents of annexation needs to be initiate~i ~ii Councilmember Anderse~':'~'~Was ~ ~he opinie~ ~ i~;,~iS Worth reviewing the out-of- service policy concerning the issue ~ ~fford~i~i;"~:'housi~'~i M/S Baldwin/Rod:in:~,~,~:~,.~:,,approving the ~j~ct conting&~:t on the applicant placing an application on:~:~ii~i ~FCO for anne~ion, a ~ sharing agreement with the County, and City of~U~i~ desi~:~ ~ersight, inclu~g th~ i~ssue of recreational and the creek. Mr. Hill ~d~ised that RC~Dc is agreeable?:~:the conditions. Moti~n ca~d:~:b~ ~::~call vote: AYES' Councilmembers Rodin, Andersen, S~ ~::~ldwin, and Mayor Larson. NOES: None. ABSTAIN' None. ~ ~::~:::~:ENT: .None ~::~.~ Reconvened: 12:05: a~m~:: 10. NEW ~SlNESS 4B-222 10c. StatU~/RepoA Re~ardin~ EffoAs to Establish An Emergency Winter Ho~iess Shelte~ Stump advised that staff has been working with the Methodist Pine Street about a possible tempora~ winter homeless shelter this year. Th~?~ere able to determine a maximum occupancy of about 86 persons. There are Regular City Council Meeting November 5, 2003 Page 12 of 17 Fire Code requirements such as smoke detectors and extinguishers that they are willing to provide and the project is moving in a positive direction. Director Stump advised that they are currently developing their Opera~i~~'~: ~nd Management Plan and a Use Permit application. Staff wants to provide am, pl~:.~:~,~0tic~:'~tO the neighborhood in that area and the project is tentatively set to go befo~e~ii~ Planning Commission on November 19 . The church and support groups have ~a :d some outreach with the neighborhood and support has been positive ........... ~:~:'::::: :: 4 B - 2 5 8 9. UNFINISHED BUSINESS ; 9c.Discussion and Consideration of Inland Water an~i~,~-~Wer Co~'~ission JPA : - Continued Item ?i?~ City Manager Horsley advised that she distribute~:;~,~i?~?:Council a communication that:: she received this afternoon from Roland Sanford:,~At::::discus~$ the Council's issue of concern in which they thought there could be.::,~,~,,: change~~:~ ~e~:the MOU wording to allow for third party litigations. He stated that ~:'~ght that~i~; was in fact possible and supplied revisions to that language. Mayor Larson inquired if they reflect the County Coun~l~ ::recomrnendation in his memo and if this is an unofficial dry,proposal. .... City Attorney Rapport resp~~?'~i?~i~i~Ne,!y,:~':'~ ~ '"~:'" stating that it i~:;~::~"~'County~'~ ~: '~' Counsel's recommendation. He exp~~:~"~:!!~at h~:~:~:~ ~i?~i!i~,Dcern wit~:ii~;~i~e County Counsel's proposal in that it appli,e,,s to::"::'~::~y litigation or any i~i~a~i~e proceedings. It's unclear to him what the words between an~;,~Ommi~i~"'~::me~'~ ~'~ any other party" means in that proposed language. If it would,~':~e :~Bification d:~:'§ not completely address the concern he had which..is that one of t~?~ii~:fimary purpOSes of the Commission is to act as a spokespei~: ~Spokes organiZatiOn for inland water interests and provide a unified voi~: i~':::'deali:~"'~ ~ith outside a~c:!::~i~::: He prepared a modification to that proposal~ County Q~nsel that woula?:~diB':: a sentence to that language to try to add re~::,:ii~at concern. ?: ..... : His concern:~fo~:.:Re~i~ VII.F:::,~,,~eS~:;~;~:~F. The Commission shall not have the power to participate, bY::::~::i!~bntion or otherwise, in litigation or administrative hearings between Commission:::~,~ber or members and any other party without the consent of that ~~i~ion me~:~ ,or ~embers. This prohibition does not apply to adm tive proce ;~Or legal actions arising out of those proceedings that concern"~Water within,~;i~e~ Eel River Watershed, the Russian River Watershed, or party Potterresp va~ Pr°jecfi~;'~:'?'~Xcept g the membersf°r water proceedings or contract between rights related any member to its water,and another unless the membe~=i~?~onsents to the Commission's participation." His concern is that the language w~hout the modification would give any member the ability to veto the '~=?~=CommissiOh~ participation in a proceeding that would be of general interest to the Regular City Council Meeting November 5, 2003 Page 13 of 17 Mayor Larson polled Council with regard to the recommendation by the City Attorney and there was unanimous consensus that this was an acceptable change to the language proposed by County Counsel. Mayor Larson advised that he attended a committee meeting of the IW:E~: and~:'~he asked the question about what they are trying to hang on to with the ~j~t of First:' Refusal and what is the protection they are asking for. He received'~'::~:~'~i~nse that people didn't want to be prevented from participating or relinq~,~i~i~:g P:~[! He thought that what they are really asking for is for the right to partici~:~te in projeCtsi He asked them if they would be satisfied in relinquishing Right of ~i:~ Refusal agency as long as individual members were guaranteed so~ right to~:~icipate in project that any other member or the agency itself propose~::',~::e~plores. :Re suggested that language is needed that is both legal and an explaD~i!~':~:~ ~,~:. of~Concept. City Manager Horsley explained that it was her:,~,9~i~i':~:n that::'.~e IWPC is very open t6 Mayor Larson's suggestions. They wanted to ~?~i~!~,:to parti~i if there was excess water in a project and to be able to participate'i~i!!i~'~:~¢t. Discussion followed with regard to the Right of First Ref~;:~ii.~;; ~here was also discussion regarding the matter of if there is excess water, offering it tS:;~?.~th:er men,ers of the JPA first. It was suggested that there.:~.has to be some motiva~i;~ ~0r~.~°~b agencies to partner and share and to enter i~i?~e.~productive agreement~::~':! Councilmember Rodin thOi~{':' i~i~ii8 go0:~ ~:~::J::~i~i ~i~::.:~:orth pro~:~i:ng to the County and it should be called the Right~':~f Firs~?,ii~,~rticipatio::~i Discussion followed with regard to w~t~B~i:~'i'pation ~;~s in terms of disclosure. He expressed his pe[sesa! opinions con:~;ing the ma~r and felt that the majority of opinions among ~:~'~?:i~cies lean towa~:.to legal guarantees. The City:?:~::~Uncil confirmed that they w~ ?, ?"~ reement. However, Councilmember Baldwih~: ~ted that hei~ ::hot in consens~,:iii~'::it's just to make everything voluntary. He thou§~:~t~""~t ~has to ~ i~ii ~e~i~: h~:':~ saw no reason for participating in the JPA. Richard Chairman of the Mendocino County Board of Supervisors, : :[ep~ed on th~:':?~rd of Supervisors' actions at their Tuesday meeting. The County': ~[ ~gency Water Agency took the following actions on the IWPC ag re~~t~ :: They ap~~??~{~po corrections on the JPA and they approved the added languag~i',~?~t was charge'razed by Mr. Rossman in his letter as "feel good language". They also '~roved t~:: revised wording supplied by County Counsel in the section that the City Co~il discussed at the current meeting. They Agency approved the deletions throughout t~ agreement referencing and giving the Right of First Refusal to the IWPC and they m~d~ no alterations to that language or those deletions. R~Sali.,~ ~::eterson, Redwood Valley, stated that since the City Council hasn't seen the e~:8~ument they are considering approving, she recommended that they take some tim~:?t0 look at the document and see what the County has crossed out and changed. Regular City Council Meeting November 5, 2003 Page 14 of 17 Councilmember Baldwin spoke in regard to Mayor Larson's proposal for the participation, he would be glad to present that opinion if he had it in writing and understood it better. He felt that cooperation as opposed to competition is ~at t.he wh cie con ce pt of t he I WP C is abc ut. Mayor Larson stated that he is willing to put it to a vote that the City's agre~::ent or thb acceptance of the proposed amendments with the only condition bei:D~ ~P~ance of the additional language from the City Attorney. Councilmember Baldwin reminded Council of what Antonio RoS~ wrote, t~at it would place any project in competition with any individual, ether pr°j~ti including~ an iwPc project. The Right of First Ref,usal has the effec~Ne:,:~::~re~u:lt of eliminating such competition because the Commission s fundamenta!~:~P~se::~:~: stated as one of a united, coordinated, orderly, positively, and morg?~:~:~ffective means protecting and enhancing the County's water resources. The am~ment ~n: be seen as weakenin~ this intent .... Ooun~ilm~mb~r Rodin was of the opinion that we ~i~t:::.:.~ ~ell :~ropose the Right of First Pa~icipation instead of excising the Right of First R~~::~!anguage. ~/S ~nd~r~n/Lar~n approwng:~.~ Coun~ s recommenda~i:~ ~:~g~:ing the R~ght of First Refusal with the caveat ~:~~?~?~j:ght of First Pa~icip~fi~ ~:~ evaluated and considered by all pa~ies to the~~:'~:~l~e language Discussion followed with regard to ~ti~n ~rri~d by the following ~!!~:~:~lt::::::"vote: :~ES: Councilmembers Rodin, Andersen, Smit~:,:::::~Mayor Larson?~?~OES: CounCilmember Baldwin. ABSTAIN: N o ne. ABS E N ::?::~:: ~::: 9. UNFINISHED BUS!~ESS com~n:::~ ?~ervic~ ~ ~:~:~:::~iacomo advised that the City secured an agreement of depot land. The current proposal is for the City to inS~Aii:.:~:::~eet trees along the Perkins Street frontage and construct a small :pe~ket park on t~ ~(~ngular piece east of the railroad tracks, be~een Perkins Street : :~:: ::~ ~ibson Creek. :::':l~?~i~:~esti. mated that the landscape and asphalt poAion of the project The monument sign will be an additional cost of $5,000 {~;::~5,000 de~:~:i"ng upon the design. The City applied for a grant with the California O~se~ati6~::Corps (CCC) for $5,000 in matching labor. He proposed that the Redeve!Dpment Agency fund the project through the Capital Improvement Streetscape:~count. A budget amendment has been submi~ed to the Redevelopment Agency for:~sideration pending Council's approval of the design plan. ~Di~:ussi~:followed with regard to the design of the pocket park as well as the P:~i~ii~:~ of locating a skatepark near the area and the need for additional parking. Regular City Council Meeting November 5, 2003 Page 15 of 17 M/S Smith/Andersen Approving the Railroad Depot Pocket Park plan, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10b. Approval of Amendment to Solid Waste Management Authority:~,:~6und Lease, Allowing Expansion of Hazmat Receiving Hours and ~R~~ I of a One-Year Lease City Manager Horsley advised that Mendocino Solid Waste M~ement ~O[ity (MSWMA) currently has a five-year lease with the City, which will:'~:~'~:i~ire in 2005. She discussed the request to extend the lease to 2006~St whic~:'~"!i~i~e it beco~ County propeAy and allow receipt of public for hazardous~?:~~dropp~;:'bff at ce~ai~ times on Tuesdays and the second Saturday of eve~ ~th:. Councilmember Andersen was of the opinion:~:~t~ the e~ension of the lease wit~ MSWMA is ve~ good for Ukiah residents ~ M/S Andersen/Smith Approving modification~:~:::to M~M~ i~::ase~as described in the Staff RepoA, carried by the following roll call vote: AYRES; Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor ~rson. ABSENT: None 9. UNFINISHED BI 9f. Discussion and Po= Education's Proposal to P~/.C:hase Ci City Manager Horsley advised that:':'~i~i$ itel NOES::'~'~'~iiiiiiiiiiiiiiiiiiNione. ABSTAIN: None lend~cin'~County Office Of in Closed Session. 10. NEW BUSINESS 10d. Conside~i!~!i~hd Cancell~ November 19 City Council Meetin? It was notedii'~iA'~' the (~"i~!~.~ouncil would on November 17th. It was t~ ~onsensus d~ i~e City Councii ~"approve cancellation of the November 19, 2003 ~ ~:O cil m~eti~,;~i 11. 12. ~ MANGE REPORTS None. Adjourned 't0~ Ukiah Redevelopment Agency: 1:10 a.m. Reconvened~:::~ '12 a.m. Adjourned~O~:Closed Session' 1:12 a.m. G~ED SESSION ~,~?~Government Code ~54956.8 Conference With Real Prope~ Negotiator PropeAy: 1041 Low Gap Road, A.P.N. 001-020-09 Owner: City of Ukiah Regular City Council Meeting November 5, 2003 Page 16 of 17 Negotiating Parties: City of Ukiah/Mendocino County Office of Education Under Negotiation: Price and Terms of Payment b. Government Cod,e §54956.8 Conference With Real Property Property: Assessor s Parcel No. 002-232-12 Negotiating Parties: City of Ukiah/North Coast Railroad Authorit~,i,i,i~,~,~,,,,,,,,,,,~,,,,,~,,,,,,,,,, Under Negotiation: Price and Terms of Payment .... ,~,~iiiiiiiiii i!iiii?~iiiiiiiiii c. Conference with Labor Negotiator G.C. §54957.6 :~i~iii!iiiiiii!i!ii!iiiiiiiiiii~;~,, City Designated Representative: Candace Horsley,.:City Ma~ger lOe. Ur_qencv Item: Adoption of Resolution ~~'ing a M~orandum,, of Understanding between the City of U iiiii~'e:~,Mana~ nt Unit . M/$ Smith/Baldwin Approving Memorandum';~:~ U~stan~ih"~ ~h the Management Unit, carried by the following roll call vote: AYES: C~ii~embers Rodin, Anderson, Smith, Baldwin, and Mayor karson. ~OfiS: ~ono. ABS~~Nono. ABS[~T: ~ono. There ~~us'ne~ ~~~~O~c" moot,n~ was ad~ed at 1:5~ a.m. Regular City Council Meeting November 5, 2003 Page 17 of 17 MINUTES OF THE UKIAH CITY COUNCIL SPECIAL MEETING WEDNESDAY, NOVEMBER 21,2003 The Ukiah City Council met at a Special Meeting on November 21, 2003, which had been legally noticed and posted, at 9:30 a.m. in the Civic Ce Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin, Staff present: City Manager Horsley, City Attorney Rapport, an, Ulvila. )n. ;rk 2. A. Consider And Adopt Revisions To City Attorney Rapport advised that upon review of th Manager requested a review of the adopted wordin Director, and the City Attorney determined that th would very likely result in large reserves in fundim General Fund if it was in a deficit position safety services. They did not believe this expressed at the November 17th City Council meetin¢ see other City services suffer as long as the desired funded. They felt there is an opportunity to correct it now it later if the voters approve the le, the Manager, Finance .... of the Expenditure Pla~?,ilili without relief to th~'? level of public City Council as the community want to ublic Safety is adequately ~g to deal with g was called. He explained to Council the 1746 that was included in containing the words "supplement" version of Section the sentence City Manager Horsley advised that Police Randy Johnson, Ukiah ges with him. City He whi, that contained of Public have to He referred FI Staff made changes to the document. e was a result of the last sentence, services rather than the amount of money ~nd on Public Safety services. In the version '"that the City doesn't have to maintain the level required by that section if doing so would result in a reduction He felt that it might be possible to maintain the level of Public of the General Fund revenues are used for other Ih tax proceeds so that the level of service does not in to free up General Fund revenues for other purposes. informational handout given to Council earlier today and suggested ice be revised to read, "The City shall not be obligated to expend for .ervices the amount of General Fund revenues required by this section in in which the City Council makes the written findings and those findings on substantial evidence that expending the mandated amount of General s for Public Safety services would result in a substantial detrimental Special City Council Meeting November 21,2003 Page 1 of 3 City Manager Horsley expressed concern that the City keeps its promise regarding the level of service. She thought the level of service could stay the same because all of the ballot measure money will go toward Public Safety services and it was only the ~nt General Fund revenues that the City may want to spend. She was very conc the language state the level could be reduced and that is not what about. City Attorney Rapport explained that when he spoke with the she wanted to make sure that training, as well as salaries, were sure it was in the revised version that was distributed to Council that Councilmember Baldwin has sent an Email that makes dealing with "supplement" versus "supplant" could be re~ rest of the section, and 2) if you can use General FL services under certain circumstances, then it's that by law, every penny of this tax will augmen revenues being spent for Public Safety servic~ that wouldn't be true in the future. We law, every penny of the tax must be spent on Public this, red, so ing. He he inc¢ ;nt with to meet other City in the ballot argument to )unt of General Fund~.?' :umstances where probably say, "By Discussion followed with regard to the recommended :he ~ance Mayor Larson expressed con happy with the original ame~ was satisfied that the City Attorney Rapport noted ballot measure and it can't be longer the level of servi( es do City Councils. that it the words. that he was everything. He of the Council. Analysis for each felt that the issue concerns Councilm~ Ls of the o to ado ternative # felt that the the last meeting, Council was close revisions address this concerns. her opinion ;mber Baldwin's recommendations. It was should be deleted from the document. Attorney proc6 never re( Safety be to take it clear as to were ~n only the am of explained that he agreed with Councilmember Baldwin in that if would create an ambiguity. A statement that the tax supplement and not supplant, suggests that you should General Fund revenues the City is spending for Public proceeds. However, Council acknowledges that there could :es where that would occur. He felt that the easiest thing to do would be ecause it doesn't add anything to the rest of the section if everyone is ;nt. P~ advised that the some verbiage is important to personnel in both nd Police Departments. He felt that the findings were very strong and that it everything that was presented at that previous meeting. He discussed retired Officer's benefits. Special City Council Meeting November 21,2003 Page 2 of 3 Councilmember Andersen was of the opinion that leaving the "supplement" and not "supplant" language in the document is fine because the last two sentences hat section provide the outlet. If there is extra money from the sales tax, it that a finding of fact could be made that the extra money should go to supp other areas that are decreasing because the General Fund revenue is in~ Police and Fire Departments. He disagreed that we should take it out. City Attorney Rapport advised that Councilmember Andersen i~ii~sically that the last two sentences provide an out. However, he could se~i!i~,~.argL that's why he called it an ambiguity. He advised that the stat~:~constru~ say that whenever possible, you give every word in the me~¥~g. in He recommended to add another "except as "proceeds shall not be used" section. It was his include that preface so that there would be apply to both statements. would be preferable tO'~ last two sentences In conclusion, he stated that the red lined portion of should read, "Except as otherwise provided herein, the supplement and supplant Except as otherwise provided any future fiscal year will be given to Council this mc Everything else would remain that n 1746 of the Ordinance be used to services. ues budgeted in version that was 'se provided herein". M/S Smith/Andersen approving and Use Tax and a Councilme~ ABSTAI No. 1050, Transaction at the NoVember 17th City Council meeting, the following roll call vote: AYES: Mayor Larson. NOES: None. twin. 1 There g was adjourned at 10:09 a.m. ila, Special City Council Meeting November 21,2003 Page 3 of 3 Page 1 of 2 Marie Ulvila From: Sent: To: Cc: M. Bradley [mb@pacific.net] Friday, February 06, 2004 7:22 AM begtim@yandex.ru ReimovAR@state.gov; cityclerk@cityofukiah.com Subject: Kitab Latitude Station: Information on City of Ukiah Status February 6, 2004 To: Marguba International CC Mayor of Ukiah U.S. Embassy Staff Greetings Mr. Bigmatov In response to your e-mail of Jnauary 31, 2004, I presented your request for a letter of support from the Mayor of Ukiah at last nights (Municipal) Council Meeting. Below is the letter I wrote to address the council. I also made a brief presentation which ended with an agreement to meet and discuss your request with the Mayor, Mr. Eric Larson. Thank you also for the name of a your contact at the US. Embassy, Mr. Adjaniayz Reimov. Are you aware or have you contacted the City of Gaitherburg Maryland USA about their observatory? You can review the details of their latitude station at www.cr.nps.gov/history/online_books/butowsky5/astro4i.htm. You can contact them at www.ci.gaithersburg.md.us. I will encourage fast action the City of Ukiah and the U.S. Embassy. I commend you for your efforts and hope one day soon to visit the Kitab Latitude Station. Martin Bradley Martin Bradley Ukiah, CA 95482 mb~pacific.net February 4, 2004 RE: Update from Friends of the Observatory 2/6/2004 Page 2 of 2 Dear Council members and staff;  1. On March 8th and 9th I will be going to Maryland to visit the International Latitude Observatory located in Gaithersburg. I will meet with and be given a tour by Pat Patula, Gaithersburg City Planner. If the City of Ukiah has a small video camera I can take on this visit, I would appreciate it.  2. I have attached (on white paper) a description of the observatory in Gaithersburg.  3. Attached (yellow paper) is a follow-up correspondence from an enterprise in Uzbekistan Marguba - International that I have been asked to deliver to the Mayor of Ukiah. It also includes an e-mail address of a contact person from the U.S. Embassy. I would be happy to meet with the Mayor or designated Council member and/or City Staff to help prepare a reply. Please note they are hoping for an e-mail reply this month.  4. Finally, I have attached a four-page correspondence (beige paper) from a person I contacted in Tashkent Uzbekistan. This puts a face on the people, the time and the situation of a country that, like our own, that has an International Latitude Observatory.  Thank you for your time this evening, I look forward to hearing from you soon Sincerely, Martin Bradley 2/6/2004 AGENDA SUMMARY ITEM NO. DATE: January 7, 2004 REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING PURCHASE OF 9,000 FT. OF #2 AWG ALUMINUM, 15KV, EPR INSULATED SINGLE CONDUCTOR, JACKETED CONCENTRIC NEUTRAL, UNDERGROUND CABLE TO THE OKONITE COMPANY IN THE AMOUNT Of $9,134.87 In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,000 but less than $10,000. A Request for Quotation (RFQ) through the informal bid process was sent to 15 suppliers. The bids were opened by the Electric Department on December 9, 2003, at 1:00 p.m. Staff evaluated the bids; and the Okonite Company was the lowest bidder. A purchase order was issued in the amount of $9,134.87 including tax and freight. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2003/2004 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive And File Report Regarding The Purchase Of Electrical Cable To The Okonite Company In The Amount Of $9,134.87. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: 1. Bid results APPROVED: Can~~ H°rsley, City Man'kg, er Attachment #1 BID RESULTS #2 AWG ALUMINUM, 15 KV, EPR INSULATED SINGLE CONDUCTOR, JACKETED CONCENTRIC NEUTRAL UNDERGROUND CABLE The Okonite Company Pirelli Cable Corporation American Wire Group Lake County Electric International Cable Consortium Inc. (without lagging) Western States Electric (without lagging, not stranded) Consolidated Electric Distributors Wesco Southwest Power Inc. General Pacific $9,787.64 $9,979.79 $10,674.00 $11,003.85 $11,920.84 $13,571.42 NO BID NO BID NO BID NO BID ITEM NO. 6b DATE: January 7, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF T- SHIRTS FOR THE YOUTH BASKETBALL PROGRAM FROM OCEAN BREEZES IN THE AMOUNT OF 5,122.39 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City Council this report regarding the purchase of t-shirts for the youth basketball program from Ocean Breezes Design, in the amount of $5,122.39. Requests For Quotation (RFQ) sheets were sent out to all qualified bidders who specialize in made to order league t-shirts. Bids were returned by Alpine Awards, B.J.'s Embroidery, and Ocean Breezes Design. Ocean Breezes Design was the overall Iow bidder Attached for Council's review is the bid summary and purchase order. This item is budgeted in the 100.6111.690.000 account. RECOMMENDED ACTION: Receive report regarding purchase of t-shirts for the youth basketball program from Ocean Breezes Design in the amount of $5,122.39. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor and Gina Greco, Activities/Sports Assistant Candace Horsley, City Manager, Larry W. DeKnoblough, Community Services Director and Mary Horger, Purchasing Supervisor 1. Bid Summary 2. Purchase Order APPROVED: '~i~:~_~'~ Candace Horsley, City ~nager Attachment 1 COMMUNITY SERVICES DEPARTMENT YOUTH BASKETBALL T-SHIRT BID SUMMARY Per Bid Opening: 10/15/03 Youth Adult Adult Set-up Average cost per shirt assuming 1000 quantity and 50% youth sizes and 50% adult sizes Alpine Awards $5.95 $5.95 0 $5.95 BJ's Embroidery $4.79 $6.33 0 $5.56 Ocean Breezes Design $4.95 $4.95 $100 $5.05* *An additional 3% discount applied on a prepayment order. Attachment #2 ITEM NO. 6c DATE: January 7, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AMENDING APPENDIX TO CITY CONFLICT OF INTEREST CODE The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate. The City Council is the code reviewing body for City agencies. The City Clerk's office has notified each City department to review the disclosure categories for Conflict of Interest Code as found in the Appendix to the Code and recommendations have been submitted to amend two positions listed. These amendments are reflected in the Appendix as highlighted areas. The position of Landfill Supervisor has been deleted from the list and the title Purchasing Supervisor has been changed to Purchasing Agent. The position of Electrical Distribution Engineer has been added to the list. RECOMMENDED ACTION: Adopt Resolution Amending Appendix to Conflict of Interest Code. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine modifications must be made to the Appendix, identify changes, and adopt Resolution with revised Appendix Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A - Marie Ulvila, Deputy City Clerk,~%~/Z'~-z~ ~z/~,'¢-~ Gordon Elton, City Clerk and Candace Horsley, City Manager 1. Resolution Amending Appendix to Conflict of Interest Code 2. Exhibit A to Resolution: Current Appendix with proposed changes. APPROVED: Candace Horsley, City Manager ASR:Conflict2003 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING APPENDIX TO CONFLICT OF INTEREST CODE WHEREAS, 1. The Political Reform Act ("the Act," Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes; and 2. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 C.C.R. § 18730) containing the terms of a standard conflict of interest code, which can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Act; and 3. On March 6, 1991, in Resolution No. 91-46, the City Council adopted the standard conflict of interest code by reference; and 4. Resolution No. 91-46 contained an Appendix which set forth the disclosure categories for the various positions in the City of Ukiah government who make decisions that could affect an economic interest; and 5. Various job titles and duties have changed since the Appendix was originally adopted and the Appendix requires amendment to reflect the currently effective job titles and duties within the City of Ukiah; and 6. Under Government Code Section 87306.5 every other year beginning in 1992, the City Council must either amend its City Code or determine that no amendments are necessary. NOW, THEREFORE, BE IT RESOLVED, that this Resolution supersedes all other resolutions establishing Appendix to Conflict of Interest Code in the City of Ukiah and the attached Appendix to Conflict of Interest Code (Exhibit A) is hereby adopted, effective Resolution No. 2004- Page 1 of 3 January 7, 2004, and shall remain in effect until further amended by resolution of the City Council. vote: PASSED AND ADOPTED this 7th day of January 2004, by the following roll call AYES: NOES: ABSTAIN: ABSENT: ATTEST: Marie Ulvila, Deputy City Clerk Eric Larson, Mayor Resolution No. 2004- Page 2 of 3 EXHIBIT A RESOLUTION NO. 2004- APPENDIX TO CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES FOR CONFLICT OF INTEREST CODE (Effective January 7, 2004) RANGE OF DUTIES POSITION REPORTABLE INTERESTS a. Employees whose duties are broad and indefinable Mayor*, Councilmembers*, City Manager*, Assistant City Manager, City Attorney*, City Treasurer, Community Services Director, Finance Director*, Fire Chief, Fire Battalion Chief, Fire Marshal, Planning Commissioners*, Planning Director, Police Chief, Police Captains, Public Utilities Director, Public Works Director/City Engineer, Risk Manager/Budget Officer, Ukiah Valley Conference Center/Plaza Manager All sources of income, interests in real property and investments and business positions in business entities Employees whose duties involve contracting or purchasing for supplies: a: Entire City City Clerk, Deputy City Clerk Deputy Public Works Director, MIS Coordinator, ~rch~g:: Investments and business positions in business entities, which provide services, supplies And materials, machinery or Equipment of the type utilized By the entire City (excluding Schedules B & C1) b. A specific City Department Airport Manager, Activities/ Sports Coordinator, Community Services Supervisor, Museum Director, Electric Supervisor Supervisor, Engineering Associate, Public Works Superintendent, Senior Civil Engineer, Et Cai Investments and business positions in business entities, and sources of income which provide services, supplies, materials, machinery, or equipment of the type utilized by the designated-employee's department (all schedules excluding schedules B & C1) Note: Included solely for disqualification purposes. Disclosure requirements imposed by Government Code Section 87200. Solely required to complete Form 721 or any successor form. (See 2 C.C.R. {}18730, Section 3.) If the City hires "consultants" as defined in 2 C.C.R. {}12700, the City Manager shall describe in writing the consultant's duties and, based upon that description, shall determine the scope, if any of his or her reporting obligations. The City Manager shall forward a copy of this determination to the Fair Political Practices Commission (FPPC). Resolution No. 2004- Page 3 of 3 AGENDA SUMMARY REPORT ITEM NO. 6d DATE: JANUARY 7, 2004 SUBJECT: AWARD PURCHASE OF SODIUM HYDROXIDE TO BASIC CHEMICAL SOLUTIONS LLC. IN THE AMOUNT OF $20,748 Submitted for the City Council's consideration and action is staff's recommendation that the purchase of 84 tons (168,000 pounds) of sodium hydroxide be awarded to Basic Chemical Solutions, LLC in the amount $247.00 per dry ton ($0.1235 per dry pound) of material for a total value of $20,748.00. The material will be used at the City's Water Treatment Plant for the treatment of raw water. In response to the City's Request for Bids, five bids were received and opened by the Deputy City Clerk at the time set for the public bid opening. The Notice To Bidders was advertised and noticed in accordance with the City's Informal Bid Process. The lowest responsible bidder is Basic Chemical Solutions, LLC at a base bid of $247.00 per dry ton or $0.1235 per dry pound of sodium hydroxide. Funds for water treatment materials have been budgeted in the Water Enterprise Fund under account number 820.3908.520.000 and sufficient funds remain to pay for the proposed purchase. RECOMMENDED ACTION: Award The Purchase Of 84 Tons Of Sodium Hydroxide To Basic Chemical Solutions, LLC At The Unit Price Of $247.00 Per Dry Ton ($0.1235 Per Dry Pound) For A Total Payment Of $20,748.00. ALTERNATIVE COUNCIL POLICY OPTION: Reject all bids and provide direction to Staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Alan Jamison, Water Treatment Plant Operator Rick Kennedy, Interim Public Utility Director Candace Horsley, City Manager 1. Bid Opening Results 2. Cover sheet of bid from Basic Chemical Solutions, LLC. Candace Horsley, City I~nager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: Sodium Hydrozide 30% SPECIFICATION NO. DATE: December 18, 2003 TIME. 2:00 p.m. . , , COMPANY PIONEER AMERICA'S INC. ALL PURE CHEMICAL 700 YGNACIO VALLEY RD, SUITE 250 WALNUT CREEK, CA 94596-3849 LA CHEMICAL 860 WHARF STREET RICHMOND, CA 94804 EQUAPAC 3611 HARBOR BLVD, STE 180 SANTA ANA, CA 92704 AMOUNT 4. UNIVAR 5. ' BASrC CHEMICAL SOLUTIONS, LLC 5 STEEL ROAD EAST MORRISVILLE, PA 190867 Marie Ulvila, City Clerk Bids: Sdoium Hydroxide 30% il ii TO: 300 SeminaD~ Avenue Ukiah CA. 95482 Phc, ne 70'7463~6217 FOR QUOTATION i ~11 i Q_ s'r NO FAX WILL BE ACCEPTED RET~R~ THIS FORM T~S IS NOT AN O~ER BASIC CHEMICAL SOLUTIONS LLC Attn: Linda Campbell 5 Steel Road East Moorisville, PA 19067 215-337-9529 Fax: 215-295-5629 :1 DATE: AIIA~WENT_~ 12/3/03 .1LEQ. NO. Caustic 30% mbs WILL 2:00 p.m. December 18, 2003 AT THE OFFICE OF THE DEPUTY CITY CLER. K, CiTY of UKIAH BY: Marie Ulvila QUOTATIONS ARE REQUESTED FOR THE FOLLOWING ITEMS: QUANTITY Approx. 168,000 lbs ALL QUOTATION,S SHALL BE F.O.B. UKIAH, CA. , DESCRIPTION . . ........ [ ~JNIT'PRICE' ' ' TOLI'AL -- I Sodium Hydroxide 30%(Caustic Soda) A.W.W.A. Standards-BS01-88 NSF Chemical Certification Proof as per attached specifications. Returned completed forum, Call Alan Jamison at the Water Treatment Plant, 70%46%2842, if you have questions ............ For Water Treatnlgnt Plant - 935 City Well Road, Ukiah, CA 95482 NON-T. dX.4BLE *ALL OTHER FEES TO BE LISTED AT TIME OF BID or SUPPLIEB WILL ABSORB COSTS. $247.00 $20r748.00 Dp Ton: $0..1_.2_35 $20,748.00 Per Pound: (d ry) N/A *Other Fees: Identify: TERMS: , Net 30 Days DEL. TO: F.O.B. UKIAH DEL. DATE: 3 calend~r' days Per bid BIDDER: TITLE: Exe:utive V1~ -~ ~les Phone: 215-33. 7-9500 F'~u~: 21 5-295-5629' DAT£~ 12/16/0~ , TERMS: 1. Right iS reserved to reject any and all bids. 2. R!ght is reserved to accept separate items unless specifically denied by bidder. 3. Right is reserved to reject a quote from any bidder who has previously failed to perform adequately'for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 5. The. price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. $. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by, ~he City of Ukiah, within 30 days constitutes a contract. I i AGENDA SUMMARY ITEM NO. 6e. DATE: January 7, 2004 REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT OF $22,173 TO CITY OF UKIAH WATER SYSTEM IMPROVEMENT PROJECT FOR ADDITIONAL COSTS TO THE PROJECT As reported to the City Council at the December 17, 2003 meeting, completion of the water storage reservoirs could be expedited if the design and construction of the reservoirs were separated from the plant upgrades. This would allow work on the tanks to move forward while the water treatment plant construction drawings are being completed. The reservoir project would be bid separately from the plant upgrades, which requires separate bid documents for the reservoirs. SPH Associates has submitted an estimated cost of $22,173 to provide separate contract documents for the storage tank work. Pursuant to the Consultant Services Agreement, compensation to the consultant is based on a time and expense basis not to exceed a guaranteed maximum and the additional work would be billed in the same manner. The estimated cost for the additional work would increase the guaranteed maximum from $587,478 to $609,651. Staff has reviewed and discussed the estimated hours for the additional work with the consultant and takes no exceptions to the proposal. RECOMMENDED ACTION: Approve Amendment To 2003/2004 Budget Increasing Expenditures In Account #820.3908.250.000 By $22,173 For Separate Bid Documents For Construction Of The Water Storage Reservoirs. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff as to alternatives. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Interim Director of Public Utilities Ann Burck, Project EngineedManager Candace Horsley, City Manager 1) Change order from SPH Associates 2) Budget Amendment worksheet Candace Horsley, City ~anager SPll associates ATTACHMENT_~_._ Consulting Engineers December 23, 2003 Ukiah Utilities City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attention: Ann Burck Subject: City of Ukiah We have initiated design of the three storage reservoirs for the City of Ukiah based upon verbal instructions from Ann Burck to proceed in this direction. The reservoir project will be bid separately from the original project that included the three reservoirs and major expansion of the water treatment plant. Before we proceed further we need authorization to increase our project scope of work. This change in project scope will require that SPH Associates develop two separate bidding documents that will add labor to that originally budgeted for the combined project. Accordingly we request an amendment to our contract to cover the expanded scope of work. The additional hours and expenses to produce the separate documents and to coordinate bidding services for two separate projects are as defined below for the category of professional services to be involved in the project. The costs apply to the following additional general items of service needed to develop a separate bid documem for the project: · Prepare 50 copies of bid documents for reservoir project · Develop separate drawing package specifically for reservoir project · Prepare specifications document · Coordinate subconsultants with development of second document · Travel to Ukiah and review bid package with City · Attend and preside at prebid meeting · Evaluate bids and recommend award of contract c:\..\0210 lkltrsXburck-020 3420 Coach Lane, Suite 10 · Cameron Park, CA 95682 · (530) 677-0935 · Fax (530) 677-2237 · Email: sphassoc@innercite.com Labor Personnel Hours Hourly Rate] Total Cost Project Mgr/Principal Project Engineer Electrical Engineer Structural Engineer Senior Designer Drafter Clerical 32 24 8 8 40 32 48 138 $4,416.00 123 2,952.00 138 1,104.00 138 1,104.00 96 3,840.00 69 2,208.00 · 47 2,256.00 Total Labor Cost $17,880.00 Expenses TelePhone/fax Postage/UPS~ederal Express Paper/Printing/Bind/rig Travel Expenses Automobile Mileage (2 trips to Ukiah) Total Expense Cost 18.00 65.00 3,750.00 180.00 280.00 $4,293.00 TOTAL COST OF ADDITIONAL SERVICES $22,173.00 Professional services rates apply to work to be completed in 2004. The total estimated costs of labor and expenses to prepare separate documents for the storage tanks is $22,173. This cost excludes construction phase services which will be negotiated separately after bids are received. Note that this is an estimated cost based upon our perception of the required labor and expenses to complete the tasks identified above. If requirements unknown to us at this time become apparent during the course of the work, we may need to adjust the cost of the work accordingly. Please review'this proposal with the City of Ukiah and obtain the necessary authorization to add this work to our contract. Very truly yours, Sigurd P. Hansen, P.E. President SPH:bh Accepted by the City of Ukiah Name Signature Date c:\..\0210 l~ltrs\bu~ck-020 ATTACHMENT Z 0 ITEM NO. 8a DATE: January 7, 2004 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND CONSIDERATION OF A PROPOSAL FOR A PROGRESSIVE RESIDENTIAL CONNECTION FEE AND THE USE OF REDEVELOPMENT AGENCY FUNDS TO REDUCE THE IMPACT OF CONNECTION FEES FOR AFFORDABLE HOUSING DEVELOPMENTS At the November 5, 2003 meeting, the City Council considered a revision of the sewer connection fee ordinance that would have increased connections fees from $1,000 per connection to $8,759 per connection. The City Council voted 2-3 against consideration of the ordinance revision and directed staff to address two issues: 1) formulate for consideration a progressive residential connection fee to account for differences in sewage volume, and 2) identify means of reducing the impact of higher connection fees on developers of affordable housing. Residential Connection Fees The methods of determining connection fees used by various cities and towns throughout California were researched using the Internet. Two basic methods were found: 1) a single connection fee for all residential connections as used in the City of Ukiah, and 2) a progressive residential connection fee based on an equivalent standard unit such as "Equivalent Dwelling Units" (EDU). The EDU is used as the basic unit in determining connection fees for different types (Continued on page 2) RECOMMENDED ACTION: 1) Accept Staffs recommendation for a progressive residential connection fee based on the number of bedrooms and indexed to the base utilized for the adopted sewer service unit, 2) direct Staff to prepare an Ordinance for the City Council's consideration, and 3) acknowledge that the use of Redevelopment Agency funds to reduce connection fees for affordable housing development projects is appropriate. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not accept Staffs recommendations and provide direction to Staff as to the desired method for establishing a progressive sewer connection for residential structures. Citizen Advised: N/A Requested by: Councilmember Baldwin Prepared by: Ann Burck, Project Engineer/Manager and Rick Kennedy, Interim Utility Director Coordinated with: Candace Horsley, City Manager Attachments: 1. City of Encinitas, "Sewer Connection Fees and Sewer Service Charges" Ordinance 2. City o~aville, "Connection & Development Impact Fees" APPROVED:'- Candace Horsley, City M~nager Page 2: Discussion and Consideration of a Proposal for a Progressive Residential Connection Fee and the Use of Redevelopment Agency Funds to Reduce the Impact of Connection Fees for Affordable Housing Developments January 7, 2004 and sizes of residential structures. The amount of the connection fee for each type or size of structure is calculated by multiplying the unit connection fee by the EDU value assigned to a type or size of structure. The City of Encinitas has adopted a schedule with progressive connection fees based on the type of residential structure while the City of Vacaville utilizes EDU ratios assigned to residential structures based on the number of bedrooms. City of Encinitas Residential Connection Fee Schedule Single Family Residence Residential Condominiums Apartments Mobile Homes and Trailer Parks 1.0 EDU 1.0 EDU 0.8 EDU 0.5 EDU City of Vacaville Residential Connection Fee Schedule 1 Bedroom: 2 Bedrooms: 3 Bedrooms: 4 or more Bedrooms: O.6 EDU O.8 EDU 1.0 EDU 1.2 EDU A copy of the Encinitas and Vacaville residential sewer connection fee ordinances are attachments to this report. What Is An Equitable Method For Assi,qnin.q Connection Fees? Needed expansion of the sewer collection system and of the wastewater treatment plant (WWTP) as a result of new development is funded with the sewer connection fees. The amount of sewage flow determines the size of the sewer mains required as well as the needed addition for the hydraulic and treatment capacity of the WWTP. Therefore, it is logical that the fees used to fund the expansion of the collection system and WWTP be based on the quantity of flow added by the new development. The quantity of sewage flow from a residential structure is dependent on the number of persons residing in the structure and neither the number of bathrooms or fixture units nor the square footage of the structure affects the quantity of flow that may be generated from the structure. The one feature of a residential structure that may indicate the number of persons who may reside in the structure over its useful life is the number of bedrooms. The City of Ukiah has established a sewer service unit (SSU) that is defined as a single unit of sewer discharge having characteristics of flow, biochemical oxygen demand and suspended solids equivalent to that generated and discharged by a typical single family home. The SSU is further defined as having an average daily flow equivalent to that generated by 2.5 people. This flow is 207 gallons per day (gpd) based on the average daily flow of 83 gpd per person. The average organic strength of the flow is 213 mg/I of BOD and 250 mg/I of suspended solids. Using the premise behind Ukiah's SSU, it is recommended that any progressive connection fee established for residential structures be indexed to the average base flow generated by 2.5 people. Beginning with a one-bedroom home, this structure could feasibly Page 3: Discussion and Consideration of a Proposal for a Progressive Residential Connection Fee and the Use of Redevelopment Agency Funds to Reduce the Impact of Connection Fees for Affordable Housing Developments January 7, 2004 shelter a couple or a single person. Assuming that half of the one bedroom structures in the community would house a couple while the other half would shelter a single person, the average number of people living in a one bedroom structure would be 1.5. Indexing this value to the SSU base of 2.5 people would create an EDU of 0.6 (1.5 divided by 2.5) for a single bedroom structure. The addition of each bedroom would potentially add one additional resident creating an increment of 0.4 EDU for each bedroom added above the single bedroom structure. The following EDU schedule for residential structures would result: EDU FEE AMOUNT One Bedroom Two Bedrooms Three Bedrooms For each added bedroom 1.5/2.5 = 0.6 2.5/2.5 = 1.0 3.5/2.5 = 1.4 1.0/2.5 = 0.4 $8,759 X 0.6 = $ 5,255.40 $8.759 X 1.0 = $ 8,759.00 $8,759 X 1.4 = $12,262.60 $8.759 X 0.4 = $ 3,503.60 It is recommended that the above prorated EDU values be applied to all residential structures whether they are single-family homes, apartments, condominiums, or mobile homes. The City Council may also want to establish a prorated EDU for motel rooms and recreational vehicle (RV) spaces. Staff recommends an EDU of 0.6 for each motel room and RV space. Connection Fees for Affordable Housing Developments An Internet search to determine how other cities address the impact of higher connection fees on affordable housing developments yielded very little information. Petaluma is proposing a surcharge on commercial development to increase sewer revenue. However, the amount of commercial development in Petaluma is estimated to be significantly higher and able to generate more funds than a similar measure in Ukiah. A resident of Pismo Beach suggested a one-year surcharge on hotel visitors to generate additional funds for the sewage treatment facility project. For Ukiah, Staff believes the most promising source of funds to reduce the potential impact of increased connection fees for affordable housing is the Redevelopment Agency. Twenty percent (20%) of the annual tax increment revenue to the Redevelopment Agency must be expended for Iow and moderate-income housing. Eligible housing is living units in which the prospective owners or tenants have income at or below 120% of the county median and remain in the affordability pool for some time. 20% discounts for connection fees of such units are legitimate Redevelopment Housing Setaside expenses. Summary Staff believes a progressive residential connection fee schedule similar to that used by the City of Vacaville would meet the objective of the City Council. Staff recommends adopting a similar progressive fee schedule to account for differences in sewage volume from residential structures based on the number of bedrooms and indexed to the base utilized for the adopted SSU. Staff also recommends using funds from the Redevelopment Agency to reduce connection fees for Iow-income housing developments. Home Page I Municipal Code About Encinitas City Services Public Documents Commissions & Committees On-Line Forms Send E-Mail I J~bs-AvailabM I Search I Contaet~ I Feedback Form I [ Agenda Items ][ Draft Community., Cliaracter lmnlementation Program ] [.Genera! iP!an ] [ Meeting Minutes ] [ Municipal Code ] [ NOrth,lO1 Corridor Specific Plan ][ Public N0ti.ces ] [ Re ,creati0nal Trails Master Plan ] Municipal Code Click here to, download the Adobe A..crobat R~ Search the Municipal Code or scroll below the search engine to view the titles and associated of the complete Municipal Code. Municipal Code files are in Adobe Acrobat PDF format. Click to. View PDF Files Municipal Co~, Table of Col~ten~ Chapter 1.04 -,Code Adoption Chapter 1.0.8. - Enforcement of Provisions of Municipal Code Chapt. er I. 12 - Appeals C .hapter 1.16 - Fees for Administrative Service-? Chapter 2.12 - Conflict of Interest Code Chapter 2.16 - Cam paign Regulations http://www, ci.encinitas.ca, us/Public_.Documents/Municipal_Code/munitoc.htm 12/23/( ?age 4 o~ Chapter Chapter Ch .apter Chapter Chapter Chamer Districts Chapter 1.4.20.- Turning .Movements 14.28 - Stol:).. and Yield Requirements 14.32 ~- Miscell.ane.ous..Driving Rules 14;33 - Truck Routes 14.34 - Intertstate Trucks 14.35, Stop.Ding, Standing or Parking_ of Large Commercial Vehicles in Residential 14.36 - Pedestrians Cha.oter 14.40 - Stopping, Standing and Parking Chapter '14.41 -.Permit Parking Zone~ Chapter 14.42 - Parking Violation Enforc_~ement Chapter .14.44 - Speed Regulations Chapter 14.5,2 -. Removal of.Vehicle~ Chapter 14.54 - Street Intersections - Obstructions Within Visibility Triangle Chapter 14.56, Bicycles Chapter 15.01 - General .Provision._q Chapter 15,.04 -Cons .t!~uction on. Public Rights-ofiWay Chapter 15.08, Obstructions and .Encroachments on Public Rights-of-Way Chapter 15.12.- Street Names Chapter. 15.16 - VaCation of. City Streets Chapter 18.01 - General Provisions Chapter 18.04.- Ge .natal Sewer .Rag_ ui.ations ---~Chapter 18.08 - Sewer Connection Fees and Sewer Service Charge._- Chapter 18.12 - Sewer Construction Reimbursement Connection Fee Chapter 18.16 -Sewer Construction Requirement.~ Chapter 18.20 - Cost Recovery_ for Pr, otectjv, e .Sewer Servicee Chapter 16..24 - Industrial Wastewater Pretreatment Ordinance Encinitas Munic[~al Code Index Encinttas Municipal Code/Ordinance Cross-Reference Encinitas Ordinance/Munic[l~al Code Cross. Reference Chapter, 20.08 - Storm Water Man~nt Chapter 23.04 - General Pro. vision.q Chapter 23.06 - Citizen Participation Plans Clvapter 23.08 - Desi_gn Review Chapter23.1.2 -, Uniform .Codes for Construction Chapter 23,24 -.Grading, Erosion and Sediment Control Cha~er 23.26 -.Water Efficient Landscape. Program Chapter 23,28 -Pdvate Construction on Public Property http://www, ci. encinitas, ca. us/Public_Documents/Municipal_Code/munitoc.htm 12/23/( 07-98 18.08.010 CHAPTER 18.08 SEWER coNNECTION FEES AND SEWER SERVICE CHARGES 18.08.010 Application for Sewer Connections and/or Monthly Sewer Service --Applicant Responsibilities. (Ord. 95-16). A. Applications. Applications for sewer connections and/or sewer service shall be submitted at the Engineering Services Department counter at the Civic Center on prescribed forms provided by the. City. B. Compliance of Applicant. Application approved for sewer service and/or sewer connections will signify the applicant's willingness and intention to comply with all ordinances and regulations relating to sewer service and/or connections and to make payment for such sewer service fees, connection/capacity fees, sewer construction permit deposits, and inspection fees, as well as other pertinent contingent fees set forth by resolution and by other applicable rules and regulations. (Ord. 97-04). 18.08.020 Sewer Connection/Capacity Fees. h. 97-04). The sewer connection/capacity fee shall be set by ordinance. (See H/S § 5474) (Ord. B. Connection/capacity fees and inspection fees are due and payable at the time of application for a Wastewater Discharge Permit. The number of equivalent dwelling units shall be used to compute the mount of the connection fee. (Ord. 97-04). C. If the proposed connection cannot be made, the fee will be refunded when approved by the City Engineer. 18.08.025 Equivalent Dwelling Unit Determination. (Ord. 98-10). A. RESIDENTIAL. The number of equivalent dwelling units (EDU) assigned to each structure is determined as follows: 1. Single Family Residence, 1.0 EDU per each individual dwelling un/t, per lot (Includes manufactured homes, and mobile homes which are on private lots). 2. Residential condominiums 1.0 EDU per each individual living unit. 07-98 Bo 3. All apartments and accessory units, regardless of munber of bedrooms, per each individual living unit on the same lot. (Ord. 97-11) , Mobile Home and Trailer Parks, per each individual space. * a. Mobile Home b. Trailer Space c. Recreational Vehicle Park, occupied or not · Any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to trailer spaces, as per this ordinance. COMMERCIAL/INDUSTRIAL/SCHOOL FACILITIES. o Food Service Establishments. a. Take-out restaurants with disposable utensils, no dishwasher, and no public restrooms. b. Miscellaneous food establishments: ice-cream/yogurt shops, bakeries, or equivalent (sales on premise only). c. i. Take-out/eat-in restaurants with disposable utensils, but with minimum seating and public restrooms. ii. Restaurants with re-usable utensils, seating and public minimum restrooms, includes cocktail bars. One EDU is assigned for each 6-seat unit as follows: 1-18 seats = 3.0 EDU (minimum); Each additional 6-seat unit will be assigned 1.0 EDU. The number of seats will be equal to eighty percent of the maximum occupant load for the eating area as defined by the current Uniform Building Code. 18.08.025 0.8 EDU 0.5 EDU 0.5 EDU 0.5 EDU 0.5 EDU 3.0 EDU 3.0 EDU 3.0 EDU 3.0 EDU 07-98 , o ao bo . , Hotels and Motels. * ao Per living unit without kitchen Per living unit with kitchen * Any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to living units, as per this ordinance. Commercial, Professional, Industrial Buildings, to include Markets, Recreational Facilities, Full-Service Laundries/Dry Cleaners, Mortuaries, and all variations thereof, and Establishments not Specifically Listed Herein. Any office, store, motor-vehicle wash, or industrial condominium or establishment. i. First 1,000 square feet ii. Each additional 1,000 square feet or portion thereof Where occupancy type or usage is unknown at the time of application for service, the following EDU's shall apply. This shall include, but not be limited to shopping centers, industrial parks, and professional office buildings. i. First 1,000 square feet of gross building floor area ii. Each additional 1,000 square feet of gross building floor area. Portions less than 1,000 square feet will be prorated. Self-service Laundry, Per Washer. Churches, theaters, and auditoriums per each 150 person seating capacity, or fraction thereof. (Does not include office spaces, school rooms, day care facilities, food preparations areas, etc. Additional EDU's will be assigned for these supplementary uses.) 18.08.025 0.38 EDU 0.60 EDU 1.2 EDU 0.7 EDU 1.2 EDU 0.7 EDU 1.0 EDU 1.5 EDU 07-98 , . 18.08.025 Schools, to include day-care centers, boarding schools, or other combined youth educational, recreational and residential facilities. a. b. c, Elementary Schools, 1.0 EDU for 50 pupils or fewer Junior High Schools, 1.0 EDU for 40 pupils or fewer High Schools, 1.0 EDU for 24 pupils or fewer. Additional EDU's shall be prorated based on above values. The number of pupils shall be based on the average daily attendance of pupils at the school during the preceding fiscal year, computed in accordance with the education code of the State of California. However, where the school has had no attendance during the preceding fiscal year, the City Engineer shall estimate the average daily attendance for the fiscal year for which the fee is to be paid and compute the fee based on such estimate. Convalescent Homes. * a. Skilled nursing care facilities, psychological hospitals, convalescent hospitals; licensed by the Department of Health. Community Care Facilities with 16 or more beds licensed by the State Department of Health. b. 0.7 EDU/bed 0.5 EDU/bed Co Small Community Care Facilities with 7 to 15 beds licensed by the County Depamnent of Social Services. 0.5 EDU/bed do Community Care Homes with six or fewer total residents, including resident staff and housekeepers (to be the same EDU as a single family residence). 1.0 EDU * Any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to beds/residents, as per this ordinance. 07-02 18.08.025 . Automobile Service Station. a. 'Four gasoline/diesel/natural gas pumps or less 2.0 EDU b. More than four gasoline/diesel/ 3.0 EDU natural gas pumps c. Each floor drain connected to sewer 0.5 EDU 9. Warehouse or equivalent, per four 1.0 EDU fixture unit increment. 10. Other. In the case of commercial, industrial, and other establishments not included in Commercial/Industrial items (1) through (9) inclusive, or when the EDU's specified in items (1) through (9) are not representative of actual flow due to the number of employees or type of operation, the number of equivalent dwelling units shall be determined in each case by the City Engineer and shall be based upon the estimated volume and type of wastewater discharge into the sewer. 18.08.030 Sewer Service Charges. A. The sewer service charges shall be set by ordinance. (See H/S § 5471) B. A sewer service charge is levied and charged upon each premise which discharges sewage that ultimately passes through the City's sewer system. (Ord. 98-10). C. The property owner of record shall be responsible for payment of the sewer service charge. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the sewer service charges to the City. (Ord. 98-10). D. Sewer service charges may be collected either through the tax roll of the County of San Diego, on the property's water bill, or by issuing a manual bill for payment. The method utilized is determined by the Public Works Director'or his designee. (Ord. 98-10). E. Payment of sewer service charges for new connections are paid for at the time the Wastewater Discharge Permit is issued. If the permit is for an existing building the sewer service charges will be prorated for the fiscal year based upon the date the permit is issued. If the permit is for new construction or connection, then a time credit of four months shall be allowed when computing the amount of sewer service charges. This prorated amount shall be paid at the time the Wastewater Discharge Permit is issued. (Ord. 2002-05). EFFECTIVE: September 1, 2003 1. ENR *3.3~ 4. ~F .4~ (avg) City of Vacaville, Permit Services Division 2. ~ ~ ,2.5% CONNECTION & DEVELOPMENT IMPACT FEES WATER INSTALLATION FEE: RESIDENTIAL & NON.RESIDENTIAL Funds the direct cost of water meters and related installation to serve new development - , . is_~. ol.. Ma,(,~r nnlv ~mt3Lofe MOtor Sb~ Meter Only Complete 3/4' $131 $1,779 1' 183 _ .1,9_36 1 1/2" ' ............. 4-18- 3,139 524 3,768 Motor Size ¥ 3' . ................... _$.1_,9_8__8 ........ N.!A_ ...... .4_: .............................. ~3,_0_3~ .... _~: Lo 8: ................. ?:w_. T__&~_. ...... N/_A ...... ***WATER CONNECTION FEE: RESIDENTIAL & NON.RESIDENTIAL Fee with Water Rights 1 Funds the expansion of the domestic water treatment system to serve new developmen COMPLETE W~ PARTIAL I ~ I Plant Fee [ Dlatribution Foe I Distribution Fee See ~_~,_,!-_., [ EDU ~ TOTAL FEE[ (Non-Relmb) (Relmb)l (Non-Eelmb) (Rolmb)I (Non-Relmb) Distribution FeeI RESIDENTIAL Single.Plnd~ Sr. Houling ' NON, RESIDENTIAL CommarcblA~Justdal Public &Privats Schools 522 2,4O6 522 2,406 ~.ond Unit (gra~ny fla~) 2.5 *'1" $ 15,025 7,235 1,781 4,822 1,187 1,305 6,009 5.0 t 1/2' $ 30,048 14,468 ......... §:~60 9,646 2,374 2,610 12,020 .... 8_.0__._ 2" . ....... _S .....4_~.,_07_.~ .......... 23 1~49_ ..... 526_96__ ..... !.5,_4..3_3. ......... 3_,7_9~8 4,176 19,231 Multiple-Family 2.0 314" $ 12,020 5,788 1,424 3,858 950 1,044 4,808 1,357 I~ltlple-Famity Sr. Housing ~'.~-'-~-- 7.0 1 112" $ 42,068 20,255 4,985 13,503 3,325 ............ ~5~-- 16,828 '-*'T;~.4 2" - ........ ~-- -~;5~- ~'~,~'7:~ ........ ~i§~,;~ :~',~ ....... {':36---2' ...........6,99---~ 32,212 23.2 3" '~- ....~ 3~,-42-~ .... ~:~:~ .... i~:~i ~,~-5 ..... ~'~:~- ............... 1'~,~'i-~- .......... 5~,77~- 37'-:~' ' ~;- '- i" ~2~i~ ' i08, 2~.~ 2~ ~)§4 ~-~i~-~9 i~-~-~ .......... ~,§~- ........ 89-~5' 2.0 3/4' $ 12,020 5,788 1,424 3,858 950 1,044 4,808 --~.~---~ .......... ~ ...... ~ ........ ~.~ 1':§5~' ~;~-G .....-L~; 1,357 6.249 7.0 I t/2" $ 42,0~g 20,255 T~:~-~- ...... 1-3,-~ ............ §,3-~ 3,654 16,829 --~3.--~--~ ........ '~' ......~;~'~- ' :3-~,7-7~ ..... -9:.~§ .... -~'5-,8-~ .......... ~',-3-~- 6,995 32,212 ............... 23.2 3" $ 139,424 ~:-1.~ ~- .... 1'~-,~ ~ .......... ~ ........ ~ 1,-~ 12,110 55,770 37.4 4" $ -'~24---,76-'~" :-!0-'~-~:. ' 262_6_34 ........ ~2_,_1_4_9 .....!_7_~.7.5_~_6 ........... 1_9,5___2_3_ ......... __8_9,_905_~_ Meters 6" and Larger: Fee to be determined by Utilities Divisior · Connection fee if meter size is calculated by ado Div at 3/4' er 1" "Connection fee if meter size ia calculated by Bldg Div at 3/4" but a 1' meter is requests( ***SEWER CONNECTION FEE Funds expansion of wastewater collection and treatment systems to serve new development RESIDENTIAL TOTAL FEE __(N~n-Eel_~_~) ..... (R~_l_m__b). Single/MultI-Femily/Mod/MH ~ EOU X M,4LI 13, fS, I ,~,3Of ~ I Bedroom: 0.0 $ 2-~--~ ..... ~i~ ~ 781 2 Bedmem:-0.~ ................... 3,55g 2,548 1,041 3 Bedroom: I.----~- ................... 4,4l~' ............ §~§:4- ...... ~§~1-' 4 er mere Bedroom: f.----~ ....................... 5,38~ ........ ~:§}~ ...... T:~ Single-Faintly Sr. Housing: No ,4~u~menf. Mine ~ ~ MuiUpb-Famll¥ Sr. Houling: ............ _~__ ~'_.~b?__._~_.M~e~ ~._._e~? ................ NON-RESIOENTIAL (See Separate Sewer Connection Fee Summaryl Outdoor Dining Area: 25% of ~ewer Fee ~r EDU Public,Private Schools: Regular Nofl.Reeldsntbl Rate "*PARK and RECREATION FEE Funds development of additional park sites and recreation facilities to serve new developmen RESIDENTIAL TOTAL FEE (Non-Relmb) (Roimb) Single-Family: $3,14t $3,141 tO perl:)~ Ura Single-Family Sr. Housing: Samem~,Cam~'~ _2,! 8_1 2,16 .............. Muttlplo-FamUy sr. Housing: ~*~/~,~ ...... 1_J__4_5.. sing..-F~y o,.~:_~=_- _~__..,,~_ ~ ...... 2.~6~. ......... NON-RESIDENTIAL No Fee ***GREENBELT PRESERVATION FEE Funds the acquisition of greenbelt property surrounding Vacavill~ RESIDENTIAL TOTAL FEE (Non-Relmb) (Rolmb) NON.RESIDENTIAL Single-Family:__. $167 _ _$1_.6_7 ........ $0__~_~ _D~_ellin__~_ni_t_ ........... No Fee Mu~ple-Flmily: ......... 11~5 ...... 11~5 ........ _0_~ Ug_.~.~_ .......... Single-Family Sr. Housing: bm~.~e. FamlyR,,~ 115 115 0 per Dwelling Unit Single. Family Duet: .Sm~.Ue~-Fwne/R,,~ . _._11.$ .... 115 _ _ _0_ p?~..__Dw_el~g_Un_it .............. Page I of 4 I:\Temp\COFEEO3c ITEM NO' % DATE: January 7, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT ORDINANCE BY ESTABLISHING NEW REGULATIONS FOR THE 32-ACRE MIXED-USE AREA SUMMARY: On December 17, 2003, the City Council conducted a public hearing, and voted 4-0 (Andersen absent) to adopt a Mitigated Negative Declaration and introduce an Ordinance amending the Airport Industrial Park Planned Development by establishing new regulations for the 32-acre Light Manufacturing/Mixed-Use area. In taking this action, the Council incorporated a number of minor recommendations made by the City Attorney. The Ordinance has been prepared in final form and is ready for adoption. RECOMMENDED ACTION: Adopt the Ordinance amending the Airport Industrial Park Planned Development. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Ordinance and provide direction to Staff. Citizen Advised: Publicly noticed according to the requirements of the Ukiah Municipal Code. Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Ordinance for Adoption Candace ~or~ley, City Man~l~r ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Sect_inn The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to revise the regulations for and rename the Industrial/Mixed-Use Land Use Designation to Light Manufacturing/Mixed-Use. This amendment establishes Development Standards for commercial, professional office, light manufacturing, and Iow density residential land uses in the Light Manufacturing/Mixed-Use area that are separate from those contained in Section "G" of this Ordinance. Section Two The overall purpose of the Airport Industrial Park Planned Development is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulate nuisances, and provide development standards and design guidelines. The AlP Planned Development is consistent with the "Master Plan" land use designation for the property contained in the Ukiah General Plan. Section Three This ordinance also formally amends the Land Use Map that illustrates which land use designations are assigned to the various properties throughout the Airport Industrial Park. The map shows the approximate 32 acres west of Airport Park Boulevard and south of Commerce Drive (Hastings) being redesignated from "Industrial/Mixed-Use" to "Light Manufacturing/Mixed-Use." The land use designations apply to the 138-acre Airport Industrial Park in the following manner: 1. Professional Office: Applies to the northwest portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 12.6 acres). 2. Highway Commercial: Applies only to the northeastern portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, Highway 101 to the east, and the existing large commercial retail store property to the south (approximately 1.4 acres). 3. Retail Commercial: Applies to 13.44 acres north of Commerce Drive, and approximately 23.41 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east. (approximately 37 acres). 4. Industrial: Applies to the property situated at the southern end of the Airport Industrial Park (approximately 24.8 acres). 5. Industrial/Automotive Commercial: Applies to the southern portion of the Redwood Business Park, south of Assessor's Parcel Nos. 180-080-44 and 45, east of Airport Park Boulevard, and fronting Highway 101 (approximately 16 acres). 6. Licjht Manufacturing/Mixed-Use: Applies to the lands west of Airport Park Boulevard south of Commerce Drive. Includes the (2) acres adjacent to and north of the existing Mendocino Brewing Company parcel, and the approximate one (1) acre west of and adjacent to the existing pond (approximately 32 acres). 7. Roads and landscaping: Approximately 14.2 acres. 8. Total Acreacje AlP: Approximately 138 acres. Three Four The Airport Industrial Park Planned Development was originally approved by City Council Resolution No. 81-59 on March 3, 1981, embodied in Use Permit No. 81-39. It was amended and further articulated in 1991 when the City Council adopted Resolution No. 91-4. In 1993, the City Council adopted a revised Ordinance (929) to allow "General Commercial" in addition to the approved "Highway Oriented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Drive on the south, and Airport Park Boulevard on the west. This Ordinance also "created" the Planned Development Ordinance out of what was previously a Use Permit. On May 1, 1996, the City Council adopted Ordinance 963, which amended the AlP Planned Development to make it a more organized and useable set of regulations. On June 19, 1997, the Planned Development was amended again by the adoption of Ordinance 964, which created an Industrial/Automotive Commercial Land Use Designation for the 16 acres directly south of the home improvement center/hardware store facility east of Airport Park Boulevard. On April 2, 1997, the Planned Development Ordinance was amended by the adoption of Ordinance 991, which permitted drive-thru restaurants on the lands designated as Highway Commercial. On November 3, 1999, the Ordinance was amended to designate the 32 acres south of Hastings Avenue and west of Airport Park Boulevard as "Industrial Mixed-Use." On September 6, 2000, the Ordinance was revised to list hotels and sit-down restaurants as "allowed" uses in the Professional Office Land Use Designation. Section Five Airport Industrial Park Planned Development, as amended herein, provides a mixture of industrial, commercial, and office land uses within a Planned Development (PD), consistent with the City of Ukiah General Plan "Master Plan" land use designation. Section Six The Development Map (Generalized Land Use Map) for this Planned Development, as well as the design guidelines and development standards constitute the Concept Development Plan, as required by Article 14, Chapter 2 (Zoning) of the Ukiah Municipal Code. The Development Map (Generalized Land Use Map) attached as Exhibit "A", is approved. The Traffic Circulation Plan for this Planned Development is discussed in Section "1" on page 24, and the Circulation Map, attached as Exhibit "B", is approved. Section Seven Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. Section Eight Amendment to this ordinance requires City Council action. All Major Variance, Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor permits are subject to the review and action by the City Zoning Administrator. Decisions on Major and Minor Variance, Site Development and Use Permits made by the City Planning Commission or Zoning Administrator are appealable to the City Council pursuant to section 9266 of the Ukiah Municipal Code. Section Nine Some small commercial land uses may be permitted on the Industrial designated land if they are primarily intended to provide commercial type services to employees within the Airport Industrial Park. Section Ten This version of the Airport Industrial Park (ALP) Planned Development supersedes all past versions, and shall govern and regulate the growth and development within the AlP. Section Eleven The regulations for this Planned Development, as required in Article 14, Chapter 2 (Zoning), of the Ukiah Municipal Code are as follows: INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. a. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new products. b. Warehouse and Distribution Activities - includes warehousing, and storage not available to the general public; warehousing and distribution activities associated with manufacturing, wholesaling, or non-retail business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. c. Wholesaling and Related Uses -includes establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers. d. Contractor's Offices - includes business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. 1 e. Agricultural - allowed as a continuation of the existing land use, including all necessary structures and appurtenances. f. Research and Development Laboratories, and computer and data processing. g. Accessory Uses and Structures - activities such as administrative offices and warehouses which are related and ancillary to an allowed use. Ancillary structures containing ancillary uses shall be located on the same parcel as the primary use/structure, and shall not exceed 25% of the gross floor area of structure(s) containing the primary use. Permitted Uses The following small commercial, business support, and repair service land uses may be permitted in the Industrial land use designation with the securing of a Use Permit, provided they are situated on a parcel no larger than one-half acre in size, and do not exceed 20 percent of the total land dedicated to the Industrial Land Use Designation: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive- thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, B= equipment rental and leasing, medical labs, commercial testing laboratories and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire stations, and government offices. g. Repair Services - includes repair services such as radio and television, furniture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.¥., and microwave stations. PROFESSIONAL OFFICE DESIGNATION 1. Purpose The purpose of the Professional Office Land Use Designation is to provide opportunity for a variety of business and professional offices, as well as a limited number of highway commercial land uses. Land uses such as child care facilities, delicatessens, and small retail stores and shops are intended to be ancillary components to professional office development projects, and the limited highway commercial land uses. 2. General Requirements a. Child care facilities, delicatessens, and small commercial retail stores and shops shall not exceed 20 percent of the total developable square footage of any one parcel. The resulting square footage that comprises this 20 percent shall only be developed with individual store/shop spaces that do not exceed 2,000 square feet in size. 1 1 Allowed Uses The following uses are allowed in the Professional Office designation with the securing of a Site Development Permit: a. Professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, medical and dental offices, and other similar activities. b. Business and office support services - includes services such as branch banks, savings and loan, credit unions, insurance brokers, real estate sales, blueprinting and photocopying and answering services. c. Child day-care facility. d. Retail commercial in the built-out northwest portion of this area outside the boundaries of the Redwood Business Park. e. Hotels and sit-down restaurants (no drive-thru restaurants). Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen and sandwich shop. b. Small grocery or convenience store. c. Small retail commercial stores and shops of 2,000 square feet or less, and in combination not exceeding 20 percent of the total developable square footage on a parcel. Gm Dm El HIGHWAY COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down and drive-thru restaurants, service stations, and other similar uses that provide services and merchandise primarily to highway travelers. b. Retail commercial stores. RETAIL COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the securing of a Site Development Permit: a. Retail commercial stores. b. Child day-care facility. c. Delicatessen, sandwich shop, and ice cream parlor. 2. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Restaurants (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. INDUSTRIAL/AUTOMOTIVE COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use F. 1 Designation with the securing of a Site Development Permit: a. All the allowed industrial uses listed in Item A (1) above. b. Automobile dealerships, except for those that exclusively sell used vehicles. Permitted Uses The following uses are allowed in the Industrial/Automotive Commercial Land Use Designation with the securing of a Use Permit: a. All the permitted industrial land uses listed in Item A (2) above. b. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). c. Automotive service (gas) station. d. Small grocery store, mini-market, or convenience store. e. Uses related to automobile dealerships such as tire stores, auto parts stores, car-washing facilities, automobile repair business, etc. LIGHT MANUFACTURING/MIXED-USE DESIGNATION 1. Purpose and Intent The purpose of the Light Manufacturing / Mixed-Use land use designation is to provide for a compatible mix of light manufacturing activities, commercial land uses, professional offices, and limited Iow-density residential uses. The intent is to provide an opportunity for a diversity of land uses to locate near each other that would typically be viewed as incompatible, but because of creative site planning and design, they can function in harmony without adversely impacting one another. For example, the Ordinance permits "live-work" land uses where small dwelling units 10 can be incorporated into Iow intensity light manufacturing or warehousing operations. There is also opportunity for Iow-density apartments to be situated above commercial shops and professional offices. The purpose of the Light Manufacturing / Mixed-Use designation is also to promote Smart Growth and New Urbanism planning techniques. The Ordinance contains design standards that will lead to the development of office, light manufacturing, commercial, and residential uses in a pedestrian oriented, aesthetically pleasing, mixed-use neighborhood. The Ordinance requires light manufacturing land uses, if proposed, to be situated along the railroad tracks on the rear of the parcels, and to develop other land uses along the front of the parcels on Airport Park Boulevard. The majority of parking facilities are required to be situated in-between the light manufacturing and commercial land uses in the middle of the parcels, rather than along the Airport Park Boulevard frontage. The land uses along Airport Park Boulevard are held to a higher design and site planning standard than the light manufacturing land uses, because it is situated in the more visible location, and because light manufacturing land uses are highly desired and a lesser design standard provides an inherent incentive. It is possible to develop full light manufacturing, office, or commercial land uses on a parcel, provided they are laid out and designed to be compatible with surrounding land uses. Professional office and commercial land uses, if proposed as stand along developments must adhere to a high site planning and design standard. 11 ,, The regulations are intended to create a compatible mix of land uses with ample landscaping and strategic open areas, pedestrian walkways, and attractive architecture in an inviting scale, with hidden parking and practical functionality. General Requirements a. Light manufacturing and warehousing land uses should be located along the railroad tracks on the western portion of the current parcels. Light manufacturing and warehousing can be situated along Airport Park Boulevard if it conforms to the site planning and design standards for commercial development. b. The majority of parking spaces for mixed-use development shall be located in- between the light manufacturing/warehousing land uses and the land uses along Airport Park Boulevard. Every attempt shall be made to create parking that cannot be seen from public streets. c. Shared access is strongly encouraged between land uses on the same and adjacent parcels to reduce encroachments onto Airport Park Boulevard. Street trees and a meandering sidewalk are required along Airport Park Boulevard. The architectural facades for buildings situated along and facing Airport Park Boulevard shall be consistent with Section 5(f) of this Subsection, and shall be designed to soften height, bulk, and mass. The orientation, height, and design of buildings, as well as the theme for property development shall be based on creating compatibility between land uses. There is opportunity for Iow density residential land uses such as apartment units above offices or commercial spaces, but densities are limited because of airport constraints to a total of 60 people per acre on a given parcel. do e, g° 12 1 = Permitted Land Uses a. Notwithstanding Subsection "K", all light manufacturing, commercial, professional office, Iow density residential, and mixed-use projects require the securing of a Use Permit from the City Planning Commission. The Use Permit process shall include an analysis of site planning and architecture, pursuant to Section 9262 of the Ukiah Municipal Code. Required Findings a. Prior to approving a Use Permit for a project situated on land in the Mixed-Use designation, the Planning Commission and/or the City Council shall make the following findings: 1. The proposed land use is consistent with the goals and policies of the Ukiah General Plan, the provisions of the Airport Industrial Park Planned Development Ordinance, the Ukiah Municipal Code, and the Ukiah Airport Master Plan. 2. The proposed land use is compatible with surrounding land uses and will not be detrimental to the public's health, safety and general welfare. 3. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) to avoid monotony and/or a box-like uninteresting external appearance. 4. For all land uses other than light manufacturing, there is uniqueness and an exemplary approach to the site planning, design, and architecture, consistent with the Site Planning and Design Standards contained herein, that results in a quality and sophisticated development. 5. The Findings shall not be vague. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap 13 between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. Site Planning and Design Standards - Commercial Development The following site planning and design standards are specifically adopted for the Light Manufacturing/Mixed-Use Land Use Designation. They shall apply to all commercial, professional office, Iow-density residential, and mixed-use development projects not involving light manufacturing/warehousing unless it is situated along the Airport Park Boulevard street frontage: a. Yard Setbacks: 1. Front: 25 feet from the Airport Park Boulevard right-of-way. Architectural features, such as bay windows, porches and landing spaces, column treatments, and similar features may extend up to two-feet into the required front yard setback. 2. Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited to Building Code requirements, traffic circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with adjacent structures and land uses. 3. Relief: Relief from the front yard setback requirements may be granted through the approval of a variance, pursuant to Chapter 2, Article 20 of the Ukiah Municipal Code. b. Maximum Building Height: 1. The maximum height of any building or structure shall be 40 feet, provided it complies with the side-slope criteria for the Ukiah Airport. 14 C, d, 2. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. 3. Relief: Relief from the height standards may be granted through the descretionary review process if a finding is made that the proposed height is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. Minimum Lot Area: 1. The minimum lot area for parcels in the mixed-use area shall be determined through the subdivision and/or descretionary review process. In no case shall lots be created that are less than 20,000 square feet in size. Minimum Lot Coverage: 1. Commercial and mixed land uses may cover up to 40 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AlP Planned Development Ordinance. 2. Relief: Relief from the lot coverage standard may be granted through the descretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. 15 eo Building Orientation: 1. Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. 2. Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, and functionality. Architectural Design: 1. Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. 2. Architectural features such as arches, raised and decorative parapets, decorated and flared cornices, extended eaves and overhangs, balconies, entry insets, and a variety of roof angles and pitches are required to make buildings unique and interesting. 3. Windows shall be used to break up the mass and volume of buildings into smaller components. Buildings shall use different shaped and framed windows in a coordinated theme. Awnings and other attractive window treatments are strongly encouraged. All four elevations of buildings shall incorporate the architectural design requirements listed above in a reasonable and feasible manner. 5. The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth tone in nature. Colors of buildings shall be compatible with adjoining buildings. , 16 g, o Signs . , , Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed twelve feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have the discretion to limit its height to less than twelve feet from finished grade. No pole signs are permitted. Freestanding signs shall have a decorative support base. The size and amount of signs shall generally comply with the requirements of the Ukiah Municipal Code (UMC). The Planning Commission shall have the discretion to reduce the size and amount of signs to something less than 17 h, permitted by the U.M.C. if they make a finding that the proposed size and amount of signage is out of scale with the building and too dominating on the site. 4. Signs are not permitted on the roof or projecting above the roof of any building. 5. Relief: Relief from the sign standards may be granted through the descretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. Pedestrian Orientation 1. Pedestrian walkways shall be included that directly and safely link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. 2. Outdoor pedestrian spaces shall be landscaped and include such features as planters along sidewalks, pedestrian oriented signs, attractive street furniture, Iow-level lighting, and outdoor seating areas. 3. Lots with frontages along the primary street shall provide a 5-foot wide meandering sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. 4. Secondary streets accessing the rear portion of parcels shall include 5-foot wide sidewalks or alternative pedestrian facilities that link the development on the rear portion of the parcels with Airport Park Boulevard. 18 Lighting 1. Exterior lighting shall be subdued and of Iow wattage. It shall enhance building design and landscaping, as well as provide safety and security. 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. 3. Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be prohibited. 4. Lighting fixtures, standards, and all exposed accessories shall be harmonious with building design, and innovative in style. 5. All pedestrian and building access areas shall be adequately lighted to provide safety, security, and aesthetic quality, without violating number 2 above. Energy Conservation 1. Passive solar orientation is required. Active solar design is strongly encouraged. 2. Deciduous trees and/or other vegetation shall be planted on the south side of buildings whenever feasible to increase energy efficiency. 3. Sunlight shall be used for direct heating and illumination whenever possible. 4. Solar heating equipment need not be screened, but shall be as unobtrusive as possible and complement the building design. Every effort shall be made to integrate solar panels into the roof design, flush with the roof slope. 19 k. mo no Outdoor Storage and Service Areas 1. Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. 3. If trash and recycling areas are required in the discretionary review process, they shall be designed to harmonize with the building and landscaping, and shall be consistent with the size and design requirements of the Ukiah Municipal Code. Landscaping 1. Landscaping shall comply with Section "1" of this Ordinance. 2. Landscaping Plans shall include outdoor shaded sitting/resting areas for employees and the general public, unless infeasible. Ukiah Airport Master Plan 1. All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements ("BI" Compatibility Zone - 60 persons per acre /"C" Compatibility Zone - 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. Public Utility Easements, Public Streets, and Access Driveways 1. All Public Utility Easements, Public Streets, and Access Driveways shall comply with Section "H" of this Ordinance. 20 1 Site Plannin~j and Desiqn Standards for Liqht Manufacturinq and Industrial Development The Site Planning and Design Standards for Light Manufacturing and Industrial development are less demanding than those for commercial, professional office and mixed- use development. The lesser design standards are meant to encourage and promote light manufacturing and industrial development, particularly along the western portion of the parcels. The Following Site Planning and Design Standards shall apply to all Light Manufacturing and Industrial Development: a. Yard Setbacks: 1. Front: 25 feet from the Airport Park Boulevard right-of-way if located along the frontage. If the development does not have frontage along Airport Park Boulevard, and is served by a private access easement, the front yard setback shall be determined in the discretionary review process. Architectural features, such as bay windows, porches and landing spaces, column treatments, and similar features may extend up to two-feet into the required front yard setback. 2. Side and Rear: The side and rear yard setbacks shall be determined in the discretionary review process. Factors that shall be considered include, but are not limited, to Building Code requirements, traffic circulation, landscaping requirements, softening of the bulk and mass of structures, and compatibility with adjacent structures and land uses. 3. Relief: Relief from the front yard setback requirements may be granted through the approval of a variance. 21 b. Co do Maximum Building Height: 1. The maximum height of any building or structure shall be 50 feet, provided it complies with the side-slope criteria for the Ukiah Airport. 2. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum height provided it is adequately screened from view. 3. Relief: Relief from the height standards may be granted through the descretionary review process if a finding is made that the proposed height is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. Minimum Lot Area: 1. The minimum lot area for light manufacturing and industrial development parcels in the mixed-use area shall be determined through the subdivision and/or descretionary review process. In no case shall lots be created that are less than 20,000 square feet in size. Minimum Lot Coverage: 1. Light manufacturing and industrial land uses may cover up to 60 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AlP Planned Development Ordinance. 2. Relief: Relief from the lot coverage standard may be granted through the descretionary review process provided a finding is made that the proposed lot coverage is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. 22 e. Building Orientation: , Buildings shall be shaped and oriented to take advantage of passive solar energy and solar collection in the winter, and to control solar cooling loads in the summer. , Buildings shall be shaped and oriented to be compatible with surrounding land uses in terms of noise, visual privacy, and functionality. f. Architectural Design: 1. Buildings shall incorporate projecting columns, exterior wainscoting, framed panels, and/or other features to provide relief to large open blank walls. 2. The use of strong or loud colors as the dominant building color shall not be permitted. The dominant colors used on buildings shall be subdued and earth g, tone in nature. Colors of buildings shall be compatible with adjoining buildings. Signs 1. The colors, materials, and lighting of every sign on a site shall be restrained and harmonious with the building and site. 2. Freestanding signs shall be tastefully designed with an interesting base, and shall not exceed eight feet in height from finished grade. If a freestanding sign is placed on a berm, the Planning Commission shall have , the discretion to limit its height to less than eight feet from finished grade. No pole signs are permitted. The size and amount of signs shall comply with the requirements of the Ukiah Municipal Code (UMC). The Planning Commission shall have the discretion to reduce the size and amount of signs to something less than permitted by the U.M.C. if they make a finding that the proposed size and amount of signage is 23 out of scale with the building and too dominating on the site. 4. Signs are not permitted on the roof of any building. 5. Relief: Relief from the sign standards may be granted through the descretionary review process provided a finding is made that the proposed sign is compatible with the scale and character of the development on adjacent and nearby parcels and would not have an adverse impact on the health and safety of the general public. Lighting 1. Exterior lighting shall be subdued. It shall enhance building design and landscaping, as well as provide safety and security. 2. Exterior lighting shall not spill out and create glare on adjoining properties, and shall not be directed towards the night sky. 3. Light standard heights shall be predicated on the lighting need of the particular location and use. Tall lighting fixtures that illuminate large areas shall be prohibited. Outdoor Storage and Service Areas 1. Storage areas shall be limited to the rear of a site, and shall be screened from public view with a solid fence or wall using concrete, wood, stone, brick, or other similar material. 2. All outdoor storage areas and enclosures shall be screened, when possible, with landscaping. Landscaping 1. Landscaping shall generally comply with Section "1" of this Ordinance, although a lesser amount of landscaping may be approved depending upon the scale, 24 mo n. intensity, and visibility of the development. Ukiah Airport Master Plan 1. All development within the Airport Industrial Park shall comply with the Ukiah Municipal Airport Master Plan. Pedestrian Orientation 1. Pedestrian walkways shall be included that directly link all parking areas with building entrances, off-site transportation facilities, established sidewalks, and adjacent public rights-of-way. 2. Lots with frontages along the primary streets shall provide a 5-foot wide meandering sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. 3. Secondary streets accessing the rear portion of parcels shall include 5-foot wide sidewalks or alternative pedestrian facilities that link the development on the rear portion of the parcels with Airport Park Boulevard. NUISANCES 1. No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance criteria outlined below. a. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. 25 1 b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. The maximum sound level radiated by any use of facility, when measured at the boundary line of the property upon which the sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by standards prescribed in the Ukiah Municipal Code and/or City General Plan. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. e. Any use producing emissions shall comply with all the requirements of the Mendocino County Air Quality Management District. f. Projects involving the use of toxic materials or hazardous substances shall comply with all Federal, State, and all local Laws and regulations. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. 26 G. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the entire Airport Industrial Park. Projects shall be reviewed on a case-by-case basis for high quality design, efficient function, and overall compatibility with surrounding land uses. 1. Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. 2. Maximum Lot Coverage No more than 40 percent of the lot shall be covered by buildings or structures. Above ground parking lots and landscaping areas shall not be included in the calculation of lot coverage. Industrial land uses may cover a maximum of 60 percent of a lot provided that the site planning, architecture, parking, and landscaping are consistent with the requirements of the AlP Planned Development Ordinance. 27 1 . w 1 Minimum Building Setbacks All buildings and structures shall be setback from the property line a minimum of 25 feet along the entire street frontage. Lots abutting U.S. Highway 101 shall maintain a minimum setback of 60 feet from the property line adjacent to the freeway. Side yard setbacks shall be determined in the Site Development or Use Permit review process. Maximum Buildinq Height The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Ukiah Airport Master Plan All development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria, density requirements ("BI" Compatibility Zone = 60 persons per acre / "C" Compatibility Zone = 150 people per acre) and all other applicable provisions of the Ukiah Airport Master Plan. Screening Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and other appurtenant items of poor visual quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing. All roof mounted electrical and mechanical equipment and/or ductwork shall be screened from view by an enclosure which is consistent with the building design. Fences exceeding six (6) feet in height may be appropriate for some commercial and industrial uses to screen the outdoor storage of building materials, supplies, construction equipment, etc. The Planning Commission may 28 1 al sm 10. 11. consider fences exceeding six (6) on a case-by-case basis during the review of Site Development and Use Permit applications. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvilinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Class III Bicycle lanes shall be provided on all primary streets according to CalTrans standards. Development Integration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and Site Development and Use Permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line 29 12, adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. Street Width Standards The following street standards have been established by the Ukiah Department of Public Works. All primary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Airport Park Boulevard and Commerce Drive Primary Secondary Access Easement , . Right-of-way Pavement a. travel lanes (2) b. left turn lane Curbs (both sides) Cul-de-sac (turn-arounds) Curb Returns Radius 66 feet 44 feet 64 feet 40 feet 14 feet 20 feet 12 feet 12 feet 1 foot 1 foot 100 feet diameter 35 feet 35 feet 32 feet 30 feet 15 feet 13. Access Driveways and Deceleration Lanes a. Every effort shall be made to minimize access driveways along Airport Park Boulevard. All driveway and intersection radii shall be designed to accommodate heavy truck turning movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. c. No Talmage Road access shall be permitted for the parcel or parcels located at the southeast corner of Talmage Road and Airport Park Boulevard. 30 14. d. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. e. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. Minimum Parking and Loadinq Recluirements a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the approved use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a Mixed-use development, or use not specifically described in the Ukiah 31 Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 15. Siqna~e Except as indicated elsewhere in this Ordinance, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. All proposed development projects shall include a detailed sign program. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscapinl;I and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. a. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be proportional to the building elevations. g. Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native species are strongly encouraged. h. All landscape plantings shall be of sufficient size, health and intensity so that 32 k. mo n, a viable and mature appearance can be attained in three years. Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non-deciduous street species shall be restricted to areas that do not inhibit solar access. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50 percent over all paved areas within ten years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process. Parking lots shall have a perimeter planting strip with both trees and shrubs. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors. All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless because of the small size of a parcel, such coverage would be unreasonable. A minimum of 50 percent 33 1 (50%) of the landscaped area shall be dedicated to live plantings. o. Landscaping Plans shall include an automatic irrigation system. p. All required landscaping for commercial development projects shall be adequately maintained in a viable condition. q. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a Landscaping Plan depending upon the size, scale, intensity, and location of the development project. Orientation and Location of Buildings a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented to pedestrian usage, such as, linked walkways and sidewalks. b. Buildings should be sited to preserve solar access opportunities, and should include passive and active solar design elements. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be creatively sited to provide open views of the site and surrounding environment. e. Buildings shall not be sited in the middle of large parking lots. Architectural Design a. Individual projects shall exhibit a thoughtful and creative approach to site planning and architecture. b. Projects shall be designed to avoid the cumulative collection of large structures with similar building elevations and facades. 34 1 1 1 c. Buildings shall be limited in height, bulk, and mass, and shall be designed to avoid a box-like appearance. Building Exteriors a. Colors and building materials shall be carefully selected, and must be compatible with surrounding developments, and shall be finalized during the Site Development or Use Permit process. b. The Planning Commission may permit exterior walls of architectural metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. Lightincj a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. All lighting plans shall emphasize security and safety, and shall minimize energy usage. b. Lighting for developments shall include shielded, non-glare types of lights. c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, adjacent properties, or upwards towards the sky. Design Amenities a. Bicycle parking facilities shall be provided near the entrance to buildings. One (1) bicycle space shall be provided for every ten (10) employees, plus one (1) space for every fifty (50) automobile parking spaces. b. Fountains, kiosks, unique landscape islands, outdoor sitting areas, and other quality design amenities are encouraged. 35 Ji Ki CIRCULATION PLAN The Circulation Plan for the Airport Industrial Park is illustrated on the attached Exhibit "B". As shown, the plan includes points of access at Talmage Road at the north, Hastings Avenue at the northwest, and Airport Road at the southwest. In lieu of the originally envisioned southern access road (Airport Park Boulevard to Norgard Lane) an emergency access is provided through the airport to a future gated encroachment along the southern portion of Airport Road. Internal access includes an extension of Airport Road from the west into the southern portion of the site; Airport Park Boulevard from Talmage Road on the north, extending south to intersect with the Airport Road extension; and Commerce Drive from west to east in the northern portion of the AlP. All streets within the AlP shall be public. Property owners of parcels with frontage along the railroad right-of-way are encouraged to plan for possible future use of the railroad. DISCRETIONARY REVIEW The discretionary permit review process for development projects within the Airport Industrial Park (ALP) is the same as for discretionary permits elsewhere in the City. As articulated in Section 9 of this ordinance, a Site Development Permit or Use Permit is required for development projects proposed in the AlP. 1. Site Development Permits and Use Permits a. As articulated in Section 9 above, development projects within the Airport Industrial Park are subject to the Site Development or Use Permit process, depending upon the proposed use and its location. A Site Development Permit shall not be required for any development proposal requiring a Use Permit. Within the Use Permit review process, all site development issues and concerns shall be appropriately analyzed. 36 b. All Major Use Permits, Variances, and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Minor Use Permits, Variances, and Site Development Permits shall be subject to Zoning Administrator review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission and Zoning Administrator are appealable to the City Council pursuant to Section 9266 of the Ukiah Municipal Code. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of a new application, payment of fees, and a duly noticed public hearing before the Planning Commission. Minor modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director shall require the filing of a new application, payment of processing fees and a duly noticed public hearing before the City Zoning Administrator. e. The Planning Commission's decision on major modifications to an approved Site Development Permit, Variance or Use Permit is appealable to the City Council. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit, Variance or Use Permit is appealable directly to the City Council. Building Modifications a. Exterior modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be required for all substantial exterior modifications to existing structures, site design elements, and landscaping 37 within the Airport Industrial Park. The application procedure shall be that prescribed in Article 20 the Ukiah Municipal Code. Section Twelve Whenever a use is not listed in this Planned Development Ordinance as a permitted or allowed use in any of the land use designations, the Planning Director shall determine whether the use is appropriate in the land use designation where the subject property is situated, and make a decision as to whether or not it is an allowed or permitted land use. In making this determination, the Planning Director shall find as follows: 1. That the use would not be incompatible with existing nearby land uses, or the allowed and permitted land uses listed for the particular land use designation. 2. That the use would not be detrimental to the continuing development of the area in which the use would be located. 3. That the use would be in harmony and consistent with the purpose and intent of the Airport Industrial Park Planned Development Ordinance and Ukiah General Plan. 4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a Use Permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses. All determinations of the Planning Director regarding whether a use can be allowed or permitted in any land use designation within the Airport Industrial Park shall be final unless a written appeal to the City Council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, is filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the 38 Planning Director's actions are final for the City of Ukiah. Section Thirteen This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on December 17, 2003 by the following roll call vote: AYES' Councilmembers Rodin, Smith, Baldwin, and Mayor Larson NOES' None ABSENT: Councilmember Andersen ABSTAIN: None Passed and adopted on by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marie Ulvila, Deputy City Clerk Eric Larson, Mayor 39 EXHIBIT "A" AIRPORT INDUSTRIAL PARK LAND USE MAP PROFESSIONAL OFFICE HIGHWAY COMMERCIAL RETAIL COMMERCIAL LIGHT MAUNFACTURING MIXED USE RETAIL COMMERCIAL INDUSTRIAL AUTOMOTIVE COMMERCIAL INDUSTRIAL EXHIBIT II ^~RPOR~DUST~I^L ~^~ ~ TALMAGE ROAO -- ~ COMMERCE OR~VE AIRPORT ROAD-- AIRPORT PARK 13L.VO EMERG ACCESS FROM AIRPORT AGENDA SUMMARY ITEM NO: ~o,~ DATE: January 7, 2004 REPORT SUBJECT: ADOPTION OF RESOLUTION REQUESTING LOCAL AGENCY FORMATION COMMISSION APPROVAL OF A CONTRACT TO PROVIDE WATER TO THE RCHDC AFFORDABLE HOUSING PROJECT VIA AN OUT-OF-SERVICE AREA AGREEMENT SUMMARY: After a detailed discussion on November 5, 2003, the City Council agreed in concept to provide water service to a Rural Communities Housing Development Corporation (RCHDC) affordable housing project on a parcel (APN 002-101-17) outside the City limits. On December 1, 2003, the Local Agency Formation Commission (LAFCO) discussed and agreed in concept to accept and process an application for an out-of-service area agreement to allow the delivery of City water outside the City limits for this particular project. It's decision was predicated on a commitment that annexation of the property would also be pursued. This Agenda item is intended to formally initiate the out-of-service area agreement process by City Council adoption of a Resolution of Application to the LAFCO requesting approval of a contract to provide the water. Environmental Review: According to LAFCO procedures, the City must assume the role of Lead Agency and perform environmental review for the application seeking approval of an out-of-service area agreement. LAFCO Staff has indicated that in the past such applications have relied upon California Environmental Quality Act (CEQA) Categorical Exemption 15320, which exempts projects from environmental review that involve changes in the "organization" of agencies. The Categorical Exemption form is included as Attachment No. 2. RECOM MEN DED ACTION: Adopt the Resolution of Application to LAFCO requesting approval of an out-of-service area agreement to provide water to the RCHDC affordable housing project on APN 002-101-17. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Resolution and provide direction to Staff. Citizen Advised: RCHDC and LAFCO Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution for adoption 2. CEQA Categorical Exemption Candace Horsley, City M~ger City of Ukiah Resolution No. A RESOLUTION OF APPLICATION BY THE CITY OF UKIAH REQUESTING THE LOCAL AGENCY FORMATION COMMISSION OF MENDOCINO COUNTY TO UNDERTAKE PROCEEDINGS TO APPROVE AN OUT-OF-AREA WATER SERVICE AGREEMENT BETWEEN THE CITY OF UKIAH AND RURAL COMMUNITIES HOUSING DEVELOPMENT CORPORATION Whereas, the City of Ukiah desires to initiate proceedings under the Local Government Reorganization Act, commencing with Section 56000 of the California Government Code, for approval by the Local Agency Formation Commission ("LAFCO" or "the Commission") of an out-of-area water service agreement pursuant to Government Code Section 56133; and Whereas, Rural Communities Housing Development Corporation (RCHDC) has made application to the City of Ukiah for water service for a housing project for Iow and moderate income families to be constructed on property outside the City limits; and Whereas, the subject property is outside the City of Ukiah's boundaries but contiguous to the boundaries and within the Sphere of Influence as established by LAFCO; and Whereas, there is a shortage of housing which is affordable to Iow and moderate income families and limited opportunities within the City limits to increase the supply of such housing; and Whereas, City believes that it is in the interest of the City and the surrounding area to provide water service to this property for purposes of supporting the development of Iow and moderate income housing; and Whereas, in order to secure funding for the Project RCHDC must secure water service for the Project before annexation of the property into the City could be completed; and Whereas, because of these special circumstances, the City is willing to provide water to this future development via an out-of-area service agreement until such time that an annexation can be completed; and Whereas, Government Code Section 56133(b) provides the authority for the Commission to authorize the City of Ukiah to provide water service outside its jurisdictional boundaries and within its sphere of influence in anticipation of a later change of organization; and Whereas, the City of Ukiah will be submitting an application for annexation of this parcel concurrently with the request for an out-of-area service agreement; and Whereas, a public notice has been published on December 18, 2003, declaring the intent of the Council to adopt a Resolution of Application, and which notice has been given to each interested and affected agency'; and Whereas, a hearing has been conducted to consider any public agency comments or oral or written comments from the public; and Whereas, the territory proposed to be served by the out-of-area service agreement is considered uninhabited (less than 12 registered voters) for purposes of notification and a map of the location of the subject property is attached hereto as Exhibit "A"; and Whereas, a Water Service Agreement concerning real property identified as AP# 02-101-17 will be executed between the RCHDC and the City, in the form attached hereto as Exhibit "B"; and Whereas, the City agrees to provide water service limited to this property, AP#02-101-17, for RCHDC to provide Iow and moderate income housing, and will not provide water for any other development on this property and will not provide service to other parcels under the proposed out-of-area water service agreement; and Whereas, if the RCHDC does acquirer title to the property, the City will have no obligation under the Agreement to serve water to the parcel; and Whereas, the City of Ukiah as the Lead Agency will conduct an environmental review of said out-of-area service agreement. NOW THEREFORE BE IT RESOLVED, that: 1. This Resolution of Application as considered and marked Resolution No. , is adopted and approved by the City Council of the City of Ukiah, and the Local Agency Formation Commission of Mendocino County is hereby requested to undertake proceedings to approve the out-of-area service agreement attached hereto as Exhibit "B," according to the terms and conditions stated above and in said agreement and in the manner provided by Government Code Section 56133 and the Local Government Reorganization Act; 2. The executive officer of LAFCO is hereby requested to determine, within 30 days of receipt of this Resolution, whether the request is complete and acceptable for filing or whether the request is incomplete. If this Resolution is determined not to be complete, the executive officer shall immediately transmit that determination to the Director of Planning for the City, specifying those parts of the request that are incomplete and the manner in which they can be made complete. The City Planning Director is hereby authorized to take whatever action is required to make the application complete without further action by the City Council, unless, said Director, in consultation with the City Attorney, determines that further City Council action is legally required. When the request is deemed complete, the executive officer is hereby requested to place the request on the agenda of the next meeting of the Commission meeting for '"Interested Agency" means any agency that provides facilities or services in the affected territory that a subject agency would providemthe city is a subject agency-- there should be no other Interested Agencies; Affected agency means any local agency whose boundaries contains or whose sphere of influence contains any territory within the proposed area, e.g. the county, school districts, fire districts, etc.) 2 which adequate notice can be given but not more than 90 days from the date that the request is deemed complete, PASSED AND ADOPTED on this 7th day of January, 2004 by the following Roll Call Vote: Ayes: Noes: Abstain: Absent: Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk EXHIBIT "A" ORR sT~T NO~A ~N SUBJECT PROPERTY NORTH EXHIBIT "B" CITY OF UKIAH Out-of-City Water Service Agreement (In Sphere of Influence) This Agreement is entered into this day of , 2004, by and between the Rural Communities Housing Development Corporation ("Customer"), whose mailing address is 237 East Gobbi Street, Ukiah, California, 95482, and the City of Ukiah ("City"), whose mailing address is 300 Seminary Avenue, Ukiah, California, 95482. Collectively, the City and the Customer shall be referred to in this Agreement as the "Parties". Recitals , Customer has entered into a sales Agreement to purchase property outside of, but adjacent to, the City limits, which is known as APN 002-101-17, and as more particularly described in the attached Exhibit A ("the Property"). 2. The Property is located within the City's sphere of influence but outside its current boundaries. 3. The City currently has a water main along Brush Street adjacent to the Property. 4. Customer is a non-profit public benefit corporation organized and existing to provide housing which is affordable to very Iow, Iow and moderate income individuals and families. . Customer desires to develop on the Property an apartment complex consisting of approximately 152-units which will be and remain for the useful life of the complex affordable to persons of very Iow, Iow and moderate income as the terms "affordable," and "very Iow," "low," and "moderate" income are defined by the California Department of Housing and Community Development ("HCD") and/or the United States Department of Housing and Urban Development ("HUD") ("the Project") and desires City water service, because water service is not available from the Millview County Water District. 6. Customer will construct at customer's expense those facilities required to connect to the existing water main along Brush Street as a condition of receiving water service at the Property. . The City is willing to provide water service to the Project, because there is a shortage of housing which is affordable to Iow and moderate income families in the City and the surrounding area, increasing the supply of housing affordable to very Iow, Iow and moderate income families is an important policy goal of the City of Ukiah and the State of California, and because Mendocino County has agreed in principle to approve a tax sharing agreement for the Property in connection with its eventual annexation into the City. o The City agrees to provide water service limited to the Property for Customer to provide Iow and moderate income housing, and will not provide water for any other development on the Property or to any other parcels of property under this Agreement. 9. The City will become obligated to provide water to the Property only if and when Customer acquires title thereto and as otherwise provided in this Agreement. 10. 12. 13. Since the Property is located outside the City's boundaries, this out-of-area service Agreement must be approved by the Mendocino County Local Agency Formation Commission ("LAFCO"). LAFCO has the authority to approve this Agreement, because the Property is located within the City's sphere of influence and should under appropriate circumstances, be annexed into the City in the future. This Agreement anticipates a later application for a change of organization to annex the Property into the City of Ukiah. Customer requires an agreement for the provision of water to the Property before an annexation of the Property into the City could receive final approval. For this additional reason, Customer requires an out-of-area agreement approved by LAFCO in order to develop the Project on the Property.. Because of the special circumstances described above, including the need for Iow and moderate income housing and because of valid concerns about securing funding for the Project which are outside the control of the City or Customer, the City is willing by this out-of-area service agreement to provide water to this future development, until such time that annexation of the Property into he City can be completed. 14. Customer agrees to pursue annexation as instructed by City and the LAFCO. NOW, THEREFORE, based upon the above recitals, and the mutual promises contained herein, the Parties herby agree as follows: 1. City will provide water service to the Property, not to exceed connections, under the following conditions: domestic water service a. Customer acquires legal title to the Property. b. Customer receives adequate funding commitments for the Project, completes the design of the Project, receives all required approvals to commence construction of the Project, and commences construction of the Project. Co Within the time as specified by the City, Customer completes and submits to the City or to LAFCO, as requested by City, any and all documents necessary to initiate and complete proceedings to annex the Property into the City. The City may, but is not required to, pay any fees or other costs associated with initiating and completing such proceedings. Customer shall pay within such time as specified by City and such fees or costs the City declines to pay. d. The provision of water to the Property is subject to the rules, as defined in paragraph 1.d below, and in any water shortage, to the City's primary obligation to meet the need for water within the City's incorporated limits. so Customer shall comply with all of the rules, regulations, policies, tariffs, rate schedules, and ordinances (collectively, "rules") of City (whether currently in effect or as adopted or amended hereafter) that apply generally to the City's provision of water service to residents and customers of the City, including the completion of all required applications for service and the payment of all fees and charges; Failure of customer to comply with the requirements in subparagraph 1 .d shall subject the Customer to the same remedies and sanctions, including termination of water service, as would apply to a customer who receives service within City's boundaries. . This document contains the entire Agreement between the parties concerning its subject matter. Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superceded by this Agreement, and such prior statement or agreement shall have no further force or effect. , Whenever notice to a party is required or permitted by this Agreement, it shall be deemed given when deposited with proper address and postage in the U.S. Mail or when personally delivered to the addresses set forth in the first paragraph of this Agreement. Either party may change the address to which notice must be given under this Agreement by providing notice of the address change as provided in this paragraph. o This Agreement shall be governed by the laws of the State of California. Any legal action arising out of this Agreement must be filed in Mendocino County. The parties waive any objections they may otherwise have to jurisdiction or venue in Mendocino County. 5. This Agreement is for the sole and exclusive benefit of the parties who do not intend to create any rights in third parties or to create third party beneficiaries. o No waiver by either party of any of the provisions of this Agreement or failure of either party to object to a breach thereof shall constitute a waiver of any other provisions of this Agreement, or of the parties' right to enforce a subsequent breach of the same or a different provision of the Agreement. No waiver shall be deemed a continuing one or bind either party in any way, unless confirmed in writing signed by that party. . The signatories to this Agreement have been duly and properly authorized by the party they represent to sign this Agreement on its behalf and their signature on this Agreement is binding upon the party they represent. , This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. This Agreement was executed and delivered as of the date first written above in Ukiah, California. Customer Date City of Ukiah Date Approve by LAFCO on ,2004. By: ATTEST: ATTACHMENT TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk FROM: City of Ukiah County of Mendocino 300 Seminary Avenue Courthouse Ukiah, CA 95482 Ukiah, CA 95482 PROJECT TITLE: City of Ukiah / RCHDC Out of Service Area Water Acjreement DESCRIPTION OF PROJECT: Out of service area water ac~reement to provide water to an approximate 153- unit affordable housinc~ project sponsored by the Rural Communities Housincj Development Corporation. The project site is outside of, but adjacent to the City limits. LOCATION: Approximate 8-acre parcel located at the Southeast corner of the Brush Street/Orr Street intersection, Ukiah, CA PUBLIC AGENCY APPROVING PROJECT: Mendocino County Local Acjency Formation Commission NAME OF PROJECT APPLICANT: City of Ukiah CEQA EXEMPTION STATUS: '/ Ministerial '/ Categorical Exemption Section 15320, Class 20 '/ Statutory Exemption Section REASONS WHY PROJECT IS EXEMPT: Minor "chancre in or§anization" that does not chancre the cjeocjraphical area in which the previous existinq powers are exercised. LEAD AGENCY CONTACT PERSON: Frank McMichael, LAFCO / Charley Stump, City of Ukiah TELEPHONE: (707) 463-4470 / 463-62'19 SIGNATURE: TITLE: DA TE: AGENDA SUMMARY ITEM NO: Z0b DATE: January 7, 2004 REPORT SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO SIGN AND SUBMIT A JOINT CITY/COUNTY GRANT PRE-APPLICATION PROPOSAL TO THE FEDERAL ECONOMIC DEVELOPMENT ADMINISTRATION FOR INFRASTRUCTURE IMPROVEMENTS RELATED TO THE ORCHARD AVENUE BRIDGE PROJECT SUMMARY: City Staff have been working with Madelin Holtkamp, Executive Director of the Economic Development Finance Corporation, to prepare and submit a grant pre-application proposal to the Federal Economic Development Administration (EDA) for infrastructure improvements related to the Orchard Avenue bridge project. As this process evolved, meetings were conducted with Staff from the Mendocino County Administrator's Office, who were also working with Ms. Holtkamp to prepare an EDA grant application. The purpose of these meetings was to explore the possibility of submitting a joint City/County application that would seek funding for infrastructure improvements in both the City and County related to the Orchard Avenue Bridge project. This agenda item is seeking Council's authorization to prepare and submit a joint City/County grant pre-application proposal to the EDA. Improvements: The EDA grant would provide funding for the following: 1. The remaining funds necessary to construct the bridge and associated improvements (City/County) 2. The funds needed for the westbound Perkins Street right-hand turn lane onto Orchard Avenue (City) 3. Reconstruction of Brush Street (County) It is estimated that the total cost of the improvements is approximately 1- 1.5 million dollars. EDFC: Madelin Holtkamp of the EDFC will prepare and package the "pre-application" proposal material on behalf of the City and County. If the pre-application proposal is found eligible, Staff will return to the Council seeking the adoption of a Resolution for the filing of the formal grant application. RECOMMENDED ACTION: Authorize the City Manager to sign and submit joint City/County grant pre- application proposal to the Federal Economic Development Administration for infrastructure improvements related to the Orchard Avenue bridge project. ALTERNATIVE COUNCIL POLICY OPTION: Do not authorize, and provide direction to Staff. Citizen Advised: Jim Andersen, Mendocino County CAO and Tony Shaw, Mendocino County Economic Development Coordinator Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, City Ma-~t~ger \- AGENDA TTEM NO: lo¢ MEE'i'~NG DATE: January 7, 2004 SUMMARY REPORT SUB3ECT: DI'SCUSSt'ON REGARDI'NG L'rGHT POLLUTI'ON I'N THE UKTAH VALLEY--V~'CE-MAYOR BALDWIN Vice-Mayor Baldwin has asked to agendize a discussion of light pollution. Attached is information he has submitted for Council consideration. The Planning Department is currently researching this issue and will return to the Council with a report by March. RECOMMENDED ACTION: Discuss light pollution and provide direction to staff. ALTERNATZVE COUNCZL POLZCY OPTzONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice-Mayor Phil Baldwin Candace Horsley, City Manager N/A 1. Letter from Vice-Mayor Phil Baldwin to City Council 2. Supporting documents regarding light pollution Candace Horsley, City~,anager 4: CAN/ASR. LightPollution. 10704 ATTAOI. B,/IENT._~ December 29, 2003 Fellow Councilmembers, Piercing monster lights announcing "I'm Bad and I'm Mad" have arrived in force, bolstering mounting evidence the corporate system stops at nothing. Yes, we know that menacing quad auto headlights are beyond the purview of city govemment. However, the regulation of stationary lighting hasn't yet been usurped by the corporate puppets in Washington and Sacramento. In jeopardy is our freedom to walk Ukiah thoroughfares at night without being jolted by angry lighting. In jeopardy is Our freedom to enjoy star gazing and darkness out our back doors. So I ask this Council to consider improved regulation to diminish light pollution and light trespass in our community. Isn't it our Constitutional duty to defend Ukiah' s domestic tranquility against the nasty combo of noxious new technology and decreasing civility? Sincerely, Phil Baldwin , 03 (X:;T 2002 Update~ About IDA -Iome Parle Text Link IDA's Lighting Code Handbook - darksky.org International Dark-Sky Association Site Search IDA's Lighting Code Handbook V1.14 Sep 2002 Please review the following information before downloading (link below). Site Map Newsroom IDA Outdoor Lighting Code Handbook and USA Pattern Lighting Code A Summary Education Meetings [,inks Quick Links sections Membership HELP~ ODL Regs IDA Position M~LO&WG IDA-LCHB Beginners Guide International US.A. State U.S.A. Muni Contents: Introduction Why Must Outdoor Lighting Be Regulated What is an Outdoor Lighting Code What Makes a Lighting Code Effective? Different Standards for Different .Areas Why Doesn~ the USA Pattern Lighting Code Specify Lighting Levels? Practical Impacts of the USA Pattern Outdoor Lighting Code Handbook Contents About the International Dark-Sky Association (IDA) How to Obtain a Copy of the Handbook? Introduction Outdoor lighting is used for a variety of purposes in om- modem society. For work or recreation, it enables people to see essential detail so they can be active at night. Good lighting can enhance the safety and security of persons or ~y, emphasize features of architectural or historical significance, or 'call attention to commerdal premises by means of area lighting or signs. Unfommately, poor lighting practice is rampant. Much bad lighting can be blamed on the fact that the user is unaware of the issues of visibility and utility. Careless and excessive use of artificial light in our outdoor environments causes extensive damage to the aesthetics of the nighttime environment, while at the same time it often compromises safety and utility, the very reason for its installation. Bad lighting hurts everyone. The loss of the dark star-riffled sky is of tragic consequence for the environment and for the human soul, akin to the loss of our forested landscapes and other natural treasures. On the other hand, quality lighting brings substantial benefits. Lack of ~are and excessive contrast brings hnproved visibility, especially for the aging eye; elimination of wasted light saves money, energy and resources, which in turn reduces air pollution and carbon dioxide emissions caused by energy production and resource extraction; quality lighting improves the appearance of our commtmities, returning a sense of balance to the mght and giving a more attractive appemance to our towns and cities. Though outdoor lighting codes originated with the pioneering efforts of western American communities with significant astronomical research facilities, the issues are milch broader thm] the darkness of the night sky and the effectiveness of astronomical research. Ligliting codes are relevant for all communities. IDA gets many requests for infomlation on ordinances and for copies of existing lighting ordinances. The IDA Outdoor Lighting Code Handbook and USA. Pattern Lighting Code are a response to these requests and should be of assistance to anyone in composing lighting 'codes in the increasing numbers of communities that want to address the issues. It is intended as an aid to communities that are seeking to take control of their outdoor lighting, to "take back the night" that is being lost to careless and excessive use of night lighting. Why Must Outdoor Lighting Be Regulated? Though there are many needs for lighting in our bnilt-up environment, obtrusive affects of lighting often extend well beyond the boundaries of the area in which the lighting is installed. These obtrusive aspects, snch as glare, trespass, energy waste, and sky glow, can have serious consequences for the public health, safety, and welfare, but they can also be effectively controlled or eliminated with carefully considered attention to design, installation, inK! USC. Further, some perfectly legitimate purposes tbr lighting may have potential incompatibilities. As an example, the competition among businesses for visibility and advertising may conflict with the needs of the community to see well on roadways, and its desire for an uncluttered nighttime environment and for dark skies. Balancing of these competing interests requires a carefiflly considered lighting 'code. What is an Outdoor Lighting Code? An outdoor lighting code is a legal document that establishes and defines pemfitted and prohibited lighting practices, with an emphasis on linfiting the ob ,t,t~ive ,aspe?:s. of lighting more than an emphasis on good lighting per se. Lighting codes are often included as a chapter of the zoning or land-use cooe Ior a locanty. A lighting code is the vehicle for a community to express its expectatious about quality lighting, ff it is well written, implemented, and enforced, the htt p://w~w.dadts~cy.org/ordsmgs/Ichint ro. ht mi !DA's ~ghting Code Handbook - darksky.org amount of improvement that can be achieved is nothing short of phenomenal. Effective shielding standards, as recommended in this Handixxok, will virttmlly eliminate glare and will reduce the amotml of light escaping into the sk7 by fifty percent or more compared to typical unregnlated lighting practices. Lighting codes may be enacted at different governmental levels, from state to counties or townships, to cities, and even to development projeas or neighborhoods. State-level codes usually address only very general issues, such as lighting built with state funding. State laws also enable the adoption of more comprehensive codes at local levels. What Makes a Lighting Code Effective? The goal of a Code is the elimination of glare and of unnecessary ttplight as well as the minimization of the mher adverse effects of poor qtmlity lighting. Actually achieving the goals requires not only a good lighting code bm effective implementation and then enforcement of the code on an ongoing basis. The adoption of a good lighting code involves several steps. First, an awareness of the issues and of the characteristics of quality lighting must be built. This process usually starts with an individual or group that is especially motivated or sensitive to the issues of the aesthetic character of dark skies and of the many values of quality lighting. Only then can one begin to draft a 'code appropriate for the community and to bring this -code through to comnnmity review, enactment, and in~plementation. Practicality of application and enforcement is emphasized again and again in the Handbook and USA Pattern Code. Definitions must be understandable; rules must not only be technically correct and effective, the)' must also be underslandable and entbrceable; forms must be dear and understandable to lighting users, lighting designers, and planning stall'. Achieving these complex and interrelated goals is challenging, but they must be successfully meshed ff the community is to see real improvements. Different Standards for Different Areas Different areas, with different developed and natural conditions, have differing levels of appropriate light usage, and different sensitivities to the various obtrusive aspects of outdoor lighting. Because of this, five lighting zones are defined in the USA Pattem Lighting Code, and lighting standards appropriate to those zones are established. The zones are based on the CIE Environmental Zones, and range from areas with intrinsically dark landscapes such as national parks, and other areas set aside as dark-sky preserves, though rural and urban residential areas to areas of relativdv high ambient brightness in the most highly developed mban areas. Why Doesn~ the USA Pattem Lighting Code Specify Lighting Levels? Nighttime overlighting is increasingly becoming a serious issue. An egregious example in recent years is service station canopy lighting, but other applications are also appearing in many commumties. This overlighting is a serious problem, leading to compromised visibility and sM'eLy panicularly for the aging eye. A natural inclination is to mm to the lighting profession itself and use recommended lighting levels as defined by the Illuminating Engineering Society of North America (IESNA). For several practical reasons, however, the USA Pattern Lighting Code has emphasized a different approach, taking a direction that avoids wherever possible technical lighting specifications. The control of the majority of overlighth~g probkans can be addressed effectively by an overall cap on the amount of light permitted, scaled to the area to be developed - lumens per acre caps. The amount of light included in a design, measured in lumens, is practical and simple to verify from a simple list of lamps, and requires no special lighting expertise. It leaves the maximum flexibility [br the lighting designer, while at the same time keeping a cap on the total amount of light used. As long as the lumen amounts permitted provide reasonable amounts of light for the designer to work with, professional quality designs can solve the probl, e .ms of each lighting situation by txadmg off the amo~mts of decorative and general illumination and the areas to be ilhmdnated. IDA believes that creaav~ty in lighting design is enhanced rather than suppressed by this approach. Practical Imlaaet~ of the USA Pattern Outdoor Lighting Code Implementation and enforcement of a lighting 'code affects planning and code enforcement staff. In addition to the time required to review additional materials related to lighting, and possible follow-up on-site to verify compliance, the staff will need to develop some familiarity with lighting terms such as lumens, and the shielding characteristic of huninaires. Enforcement includes not only the asstwance that plans and constmclious conforms to the standards of the code when the building or lighting pemfit is issued and when the project is complete& bitt also monitoring of contintfing compliance after the project is completed. Some areas of lighting codes suffer from difficulty or impracticality of enforcement. A few of those areas are discussed in the Handbook. Much can be accomplished through a process of general education in a community; many difficult enforcement problems cannot be effectively addressed in any other way. After the 'code is in place, its continued success depends on maintaining the involvement and support of the community. Handbook Contents It is not the intent of the IDA Outdoor Lighting Code Handbook to offer a single solution appropriate for all connmmities or sittmtions. It does offer a comprehensive guide describing issues relevant to the control of the obtrusive aspects of outdoor lighting, va~d the effective regulatory approaches to mitigate these aspects. It is intended for use by any conununity of any size or locale in the LISA. The first section, How to Use the Handbook and LISA Pattern Lighting Code, is a general ove~'iew of how the Handixx)k can be used as an aid in the process of drafting an outdoor lighting -code. Following this is a section with discussions of several general issues related to lighting and lighting 'codes, and the approaches that are most effective. Several lighting design issues are discussed, as well as the suitability of various lamp t)laes. Several topics are discussed in a section on Enforcement Issues and Problem Areas. After adoption of a lighting code, the issues of ongoing enforcement must be addressed, and the section on Outdoor Lighting Committees describes an effective way to keep the community involved. Next is the USA Pattern Lighting Code itself. All section tides within the LISA Pattern Lighting Code are linked to Section Overviews, where general issues related to the section are described. Within each section are links to Notes that follow the LISA Pauem Lighting Code, each addressing sl)ecific issues related to the code text. Following the notes are short sections coveting a few technical detinifions used in the Handbook but not included in the Pattern Code Definitions Finally, there is an Administrative Aqapendix. Here are found a discussion of the implications of a lighting code for the local ~ t O://~ar~.dark sg2v.o ro~ordsr~sdlchint to.hr mi ¥onc By, _~cem :)er "~, ;,(~v IDA's Lighting Code Handbook - darksky.org planning or building department, and forms that can be u~d in the process of administering the lighting c~de. About the Intemational Dark-Sky Association (IDA) The Intemational Dark-Sky Association (IDA) is behind much of the light pollution control and education eftbrt in the past ten years. IDA is a non-profit, membership-based organization whose goal is to slop the adverse environmental impact of light pollution through education aboul the value and effectiveness of quality nighttime fighting and aborn the solutions to the problems. The eft(ms of this organization and its members have had a tremendous effect, among citizens a lighting professionals alike, on the aesthetics of the night and the awareness of how good lighting practices can enhance our nighttime environment and activities. Information about IDA and the issues of dark shes and of qtmlity outdoor lighting is contained on the IDA web site at www.darksky.org. The site contains IDA newsletters and information sheets, many images, and many links to other web sites. Ichintro.htrnl How to Obtain a Copy of the Handbook? The full text of the Handbook is available on the IDA web site (www.darksky.org). Note that it is a long document (about 60 printed pages) and it will hake a long time to download for most users. IDA Li~htin_~ Code Handbook VI,14 Sep 200:z Those wishing a hard copy of the Handbook are welcome to print the text from the web site (it is about 60 printed pages) or to write IDA at IDA, Inc. 3225 N First Avenue, Tucson AZ 85719 A bound copy of the text (about 80 pages) will be available soon, see the Resources Page of the IDA Web Site. Note that the Handbook will be going through active revision and new editions will appear regularly on the web site. These revisions will be made as we receive input and questions concerning the Handbook and as we are able to add additional useful information to the text. Our goal will be to make the Handbook as useful as possible to a wide variety of users. Clarity and usefulness to the user are the main goals as well as technical and admimstmtive completeness and validity. We thank all of those who have helped in the preparation of this Handbook and for the many discussions we have had with individuals, citizens, governmental officials, and lighting engineers and designers. Dr. Chris Luginbuhl has been the Editor of the Handbook throughout all its many drafts. Local and Web Links - ,, Outdoor Lightin~ Rcgttlations . IDA's Position on I.ightin~ Ordinm~ccs a ll)A's Ihghfin,_2 Code ttm~dbt×)k ~ Proposal for "Model Lighting Ordinagce" ~ Lighting Regtdafi0ns World Wide ~ U.S.A. State Laws Adopged and Proposed · U.S.A. Municipality Outdoor Lighting Regulatiolts L/sted by Staie · Be_oinner's Guide to Lighting Regulation · Good Lightin~ Fi~xtures and Where to Get Them · Basic Information on the Light Pollutiou problem and solutions a LiteL_wLX State & Ix)cai Law~ [External Link] I Home I About iDA I Hewsroorn I Education I Meetinqs I Resources [ Link~, I quick Links I Sections I Membership I htt ff..//www.darksky .org/ordsregs/lchint lo.hr mi December 29, 2003 Fellow Councilmembers, Piercing monster lights announcing "I'm Bad and I'm Mad" have arrived in force, bolstering mounting evidence the corporate system stops at nothing. Yes, we know that menacing quad auto headlights are beyond the purview of city government. However, the regulation of stationary lighting hasn't yet been usurped by the corporate puppets in Washington and Sacramento. In jeopardy is our freedom to walk Ukiah thoroughfares at night without being jolted by angry lighting. In jeopardy is our freedom to enjoy star gazing and darkness out our back doors. So I ask this Council to consider improved regulation to diminish light pollution and light trespass in our community. Isn't it our Constitutional duty to defend Ukiah' s domestic tranquility against the nasty combo of noxious new technology and decreasing civility.'? Sincerely, Phil Baldwin AGENDA ITEM NO: ].od MEETING DATE: January 7, 2004 SUMMARY REPORT SUB.1ECT: SELECTTON OF COUNCILMEMBERS FOR MEETING WITH REGIONAL WATER (~UALITY CONTROL BOARD Wastewater Treatment Plant Supervisor Jerry Gall will be making a presentation before the Regional Water Quality Control Board (RWQCB) staff in Santa Rosa regarding our plans for renovations at the Plant, as well as our interim measures for chemical treatment to allow additional hookups to our Treatment Plant system. The purpose of the workshop is to provide information to the RWQCB and to receive staff feedback on our improvement plans. The dates available for the meeting are Tuesday, February 3rd or Wednesday, February 4th in the morning. Staff would appreciate the attendance of Councilmembers at this meeting to express to the Board the importance of this project for the City. This meeting does not fall under Brown Act requirements, so more than two members of the Council may attend. Members of the Sanitation Board will also be asked to attend if their schedules allow. Staff is requesting that Councilmembers review their schedules to determine if they, are able to attend either of these dates for this workshop with the RWQCB. RECOMMENDED ACTTON: Review schedules and determine which Councilmembers may be able to attend the RWQCB's workshop of February 3 or 4. ALTERNATI'VE COUNCI'L POL]'CY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A None Approved: 4:CA~/~R.,W~B~a~p~~~~ Horsley' Ci~ ~nager