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1995-10-04 Packet
M - Motion CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting PROMPT CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 4, 1995 6:30 p.m. RC - Roll Call VV - Voice Vote o M/RC 4. Mayor to Read . Mayor to Read All M/RC . Mayor to Read Roll Call Invocation/Pledge of Allegiance Approval/Correction of Minutes a. Regular Meeting of September 20, 1995 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. 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. Adoption of Resolution Authorizing Subordination Agreement and Signatories for Jesus and Guadalupe Suarez, 254 Carlton Drive b. Adoption of Resolution Authorizing the Execution of a Notice of Cancellation Regarding the Traffic Signal Participation Fee Applicable to Lots of the Redwood Business Park of Ukiah, Unit One c. Deny Claim for Subrogation Interest Received From California State Automobile Association Pertaining to Loss of Peggy Farmer, and Refer to City Insurance Carrier d. Adoption of Resolution Authorizing Subordination Agreement and Signatories for Denise Burrell Gorny, 278 Empire Drive e. Authorize Mendocino Solid Waste Management Authority to Act on City's Behalf as Grant Applicant and Administrator for the Fourth Cycle of the Used Oil Block Grant 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. M - Motion RC - Roll Call VV - Voice Vote AD - As Desired M/RC . . PUBLIC HE~G- 7:00 p.m. a. Consideration of Proposed Amendments to the Airport Industrial Park Planned Development Ordinance, as Filed by Gary Akerstrom/Redwood Business Park of Ukiah UNFINISHED BUSINESS M/RC M/RC M/RC M/RC Announce Announce . 10. 11. 12. a. Discussion Concerning City Sponsored Ballot Measure Wording and Strategy for Council Appointed City Treasurer and City Clerk Positions for March 26, 1996 Special Election i. Adoption of Resolution Requesting Mendocino County to Allow Consolidation with California Direct Primary Election of March 26, 1996 b. Consideration of Proposed Lease Agreement With Mendocino Solid Waste Management Authority for Household Hazardous Waste Storage and Transfer Facility Site Adjacent to the City's Sewer Treatment Plant NEW BUSINESS a. Authorize City Manager to Execute Agreement with Thomas Consulting to Prepare State Mandated Cost Reimbursement Claims b. Consideration of Audit Report from Solid Wastes Systems and Set Date for Public Hearing Regarding Adjustment of Rates for Garbage and Recycling Collection Services c. Authorize City Manager to Negotiate Contract With EIR Consultant to Prepare Final EIR Document for City of Ukiah's Solid Waste Landfill Facility d. Review of League of California Proposed Resolutions e. Consider Historical Significance of Single Family Residence Located at 1180 Commerce Drive and Authorize Issuance of Demolition Permit f. Authorize Retention of Special Legal Counsel for Clean Water Act Claim and Approve Budget Amendment of $20,000 CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. As per Government Code Section 54956.9 (b) - Conference with Legal Counsel Regarding Significant Exposure to Litigation - 2 cases b. As per Government Code Section 54956.9 (c) - Conference with Legal Counsel Regarding Initiation of Litigation 13. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 4, 1995 6:30 p.m. Resume Approved 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Meeting of September 20, 1995 4. 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. All Approved Res. No. 96-17 Res. No. 96-18 Denied Res. No. 96-19 Authorized . o 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. Adoption of Resolution Authorizing Subordination Agreement and Signatories for Jesus and Guadalupe Suarez, 254 Carlton Drive b. Adoption of Resolution Authorizing the Execution of a Notice of Cancellation Regarding the Traffic Signal Participation Fee Applicable to Lots of the Redwood Business Park of Ukiah, Unit One c. Deny Claim for Subrogation Interest Received From California State Automobile Association Pertaining to Loss of Peggy Farmer, and Refer to City Insurance Carrier d. Adoption of Resolution Authorizing Subordination Agreement and Signatories for Denise Burrell Gorny, 278 Empire Drive e. Authorize Mendocino Solid Waste Management Authority to Act on City's Behalf as Grant Applicant and Administrator for the Fourth Cycle of the Used Oil Block Grant 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. Amended and Introduced . PUBLIC HEARING - 7:00 p.m. a. Consideration of Proposed Amendments to the Airport Industrial Park Planned Development Ordinance, as Filed by Gary Akerstrom/Redwood Business Park of Ukiah 8. UNFINISHED BUSINESS Wording bc. 10/18 Res. No. 96-20 Approved Lease a. Discussion Conceming City Sponsored Ballot Measure Wording and Strategy for Council Appointed City Treasurer and City Clerk Positions for March 26, 1996 Special Election i. Adoption of Resolution Requesting Mendocino County to Allow Consolidation with California Direct Primary Election of March 26, 1996 b. Consideration of Proposed Lease Agreement With Mendocino Solid Waste Management Authority for Household Hazardous Waste Storage and Transfer Facility Site Adjacent to the City's Sewer Treatment Plant 9. NEW BUSINESS Authorized Refer to Staff b. Environmental c. Associates - Auth. Cont. to 10/18 d. Auth. Demo Permit e. Approved a. Authorize City Manager to Execute Agreement with Thomas Consulting to Prepare State Mandated Cost Reimbursement Claims Consideration of Audit Report from Solid Wastes Systems and Set Date for Public Hearing Regarding Adjustment of Rates for Garbage and Recycling Collection Services Authorize City Manager to Negotiate Contract With EIR Consultant to Prepare Final EIR Document for City ofUkiah' s Solid Waste Landfill Facility Review of League of California Proposed Resolutions Consider Historical Significance of Single Family Residence Located at 1180 Commerce Drive and Authorize Issuance of Demolition Permit f. Authorize Retention of Special Legal Counsel for Clean Water Act Claim and Approve Budget Amendment of $20,000 10. CITY COUNCIL/REPORTS 11. CITY MANAGER/DEPARTMENT HEAD REPORTS 12. CLOSED SESSION 1. Auth. C.Man. to a. As per Government Code Section 54956.9 (b) - Conference with Legal Counsel Regarding sign settlement w/J. Schueller Significant Exposure to Litigation - 2 cases 2. EJ Toll-denied request for add. comp. and auth. suit for damages for contract Landfill EIR non-performance See 9f. b. As per Govemment Code Section 54956.9 (c) - Conference with Legal Counsel Regarding Initiation of Litigation 11:47 P.M. 13. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 4, 1995 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Meeting of September 20, 1995 4. 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. . . 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. Adoption of Resolution Authorizing Subordination Agreement and Signatories for Jesus and Guadalupe Suarez, 254 Carlton Drive b. Adoption of Resolution Authorizing the Execution of a Notice of Cancellation Regarding the Traffic Signal Participation Fee Applicable to Lots of the Redwood Business Park of Ukiah, Unit One c. Deny Claim for Subrogation Interest Received From California State Automobile Association Pertaining to Loss of Peggy Farmer, and Refer to City Insurance Carrier d. Adoption of Resolution Authorizing Subordination Agreement and Signatories for Denise Burrell Gorny, 278 Empire Drive e. Authorize Mendocino Solid Waste Management Authority to Act on City's Behalf as Grant Applicant and Administrator for the Fourth Cycle of the Used Oil Block Grant 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. . o 10. 11. 12. PUBLIC HEARING- 7:00 p.m. a. Consideration of Proposed Amendments to the Airport Industrial Park Planned Development Ordinance, as Filed by Gary Akerstrom/Redwood Business Park of Ukiah 8. UNFINISHED BUSINESS a. Discussion Concerning City Sponsored Ballot Measure Wording and Strategy for Council Appointed City Treasurer and City Clerk Positions for March 26, 1996 Special Election i. Adoption of Resolution Requesting Mendocino County to Allow Consolidation with California Direct Primary Election of March 26, 1996 b. Consideration of Proposed Lease Agreement With Mendocino Solid Waste Management Authority for Household Hazardous Waste Storage and Transfer Facility Site Adjacent to the City's Sewer Treatment Plant NEW BUSINESS a. Authorize City Manager to Execute Agreement with Thomas Consulting to Prepare State Mandated Cost Reimbursement Claims b. Consideration of Audit Report from Solid Wastes Systems and Set Date for Public Hearing Regarding Adjustment of Rates for Garbage and Recycling Collection Services c. Authorize City Manager to Negotiate Contract With EIR Consultant to Prepare Final EIR Document for City of Ukiah's Solid Waste Landfill Facility d. Review of League of California Proposed Resolutions e. Consider Historical Significance of Single Family Residence Located at 1180 Commerce Drive and Authorize Issuance of Demolition Permit f. Authorize Retention of Special Legal Counsel for Clean Water Act Claim and Approve Budget Amendment of $20,000 CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. As per Government Code Section 54956.9 (b) - Conference with Legal Counsel Regarding Significant Exposure to Litigation - 2 cases b. As per Government Code Section 54956.9 (c) - Conference with Legal Counsel Regarding Initiation of Litigation 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:35 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, Interim City Manager Horsley, City Attorney Rapport, Public Utility Director Barnes, City Engineer/Public Works Director Kennedy, Planning Director Sawyer, Fire Marshall Sprehn, and Assistant to the City Manager Harris. 2. Invocation/Pledge of Allegiance Councilmember Shoemaker delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 3a. Approval/Correction of Minutes - Regular Meeting of September 6, 1995 Councilmember Shoemaker indicated he did not receive his copy of the minutes so he will refrain from the vote. Mayor Schneiter made a correction to Page 4, Item Sd., third paragraph, second line, delete "as requested" after the work Manager; and requested the correct spelling of his name on Page 1, Item 4. He stated he does not appreciate the misspelling of his name, which has occurred more than once. M/S Schneiter/Malone to approve the minutes of the regular meeting of September 6, 1995, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. Abstain: Councilmember Shoemaker. Absent: Councilmember Wattenburger. 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedure. CONSENT CALENDAR M/S Shoemaker/Malone to approve Consent Calendar Items 5a. through 5h., and 5j. through 5k. Councilmember Shoemaker withdrew his motion with the approval of the maker of the second, Councilmember Malone. M/S Mastin/Malone to approve the Consent Calendar as follows: 5a. Received and approved the report of August disbursements. 5b. Denied the claims for damages received from Big 5 Sporting Goods and Linda Jensen, and referred them to the City insurance carrier, REMIF. 5c. Awarded bid for one 750KVA padmount transformer to Western States Electric in the amount of $14,746.88. 5d. Awarded bid for three 1996 Ford Crown Victoria Police Vehicles to Ukiah Ford in the amount of $65,839.70 and approved budget amendment of $3,850 from account 131.240.030 (Equipment Reserve Fund) to account 698.275.201 (Fixed Asset Equipment, Reserve- Police). 5e. Authorized the transfer of $174,881 from the City of Ukiah's general operating reserve held by the Northern California Power Agency and authorize the Mayor as Commissioner, to execute the letter of direction relative to the 3rd and 4th partial payments on conversion of one geothermal steam turbine to low pressure. 5f. Adopted Resolution No. 96-15 establishing Candace Horsley as the City of Ukiah's authorized representative with the State Water Reg. Mtg. September 20, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Resource Control Board. 5g. Authorized the Director of Public Utilities to transfer $9,935 from the City of Ukiah's general operating reserve, held by the Northern California Power Agency, to the Plant Operations Department of Northern California Power Agency, as payment for services rendered relative to the Lake Mendocino Hydro Project, and approved the expenditure of the balance of the purchase order in the amount of $10,065. 5h. Authorized the transfer of $19,761 from the City of Ukiah's general operating reserve, held by Northern California Power Agency, and authorized the Mayor as Commissioner to execute the letter of direction relative to the Geysers Effluent Project. 5i. Authorized the Director of Public Utilities to execute a contract for appraisal services with Harding Appraisal Company Inc. for easement appraisal on Brush Street regarding Ukiah Unified School District Property. 5j. Authorize the City Clerk to secure paid advertisements for the one vacancy on the Airport Commission, due to no applications received. 5k. Awarded bid for three personal computers for the Public Utilities Department to EXPOTECH Corporation in an amount not to exceed $9,547.43. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker (with abstention exclusion) and Mayor Schneiter. NOES: None. Abstain: Councilmember Shoemaker on Item 5i. Absent: Councilmember Wattenburger. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter noted he wished to consider agenda items out of order. UNFINISHED BUSINESS Sa. Adoption of Resolution Approving Uklah Valley General Plan The Planning Director reported he has reviewed the general plan and developed a list of changes that were not made or made and should not have been, and requested this matter be tabled until a thorough review with corrections can be made. He noted it will then be forwarded to Council for approval. Discussion ensued regarding how the text will be reviewed and resubmitted to Council, and that the housing element portion as submitted, is in certifiable form tonight. Bb. Accept Engineering Study by Rau and Associates Relative to the Repair of the Percolation Pond Levies at the City of Ukiah Wastewater Treatment Facility and Authorize Staff to Proceed with the Issuance of Requests for Bids to Accomplish the Repair The Public Utility Director reported on the engineering study and recommendations to repair the winter damage of 1995/96 to the wastewater percolation ponds. He noted the State Water Resource Control Board indicated by letter, the City should make these repairs as soon as possible as there is a possibility that the use of these ponds could be restricted. He explained the plans and estimate for this construction repair project are attached, with an estimate of $263,012 to complete this work. Mayor Schneiter noted the Sanitation District has approved this. Reg. Mtg. September 20, 1995 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Discussion ensued regarding time frame and share of costs. M/S Mastin/Shoemaker to accept engineering study by Rau and Associates, relative to the repair of the percolation pond levies at the City of Ukiah Wastewater treatment facility and authorize staff to proceed with the issuance of requests for bids to accomplish the repair. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. PUBLIC HEARING - 7:00 p.m. 7a. Appeal of Planning Commission,s Denial of Site Development Permit Applicatlon No. 95-28, as Filed by Harold Titen, to Allow a Three-Unit Apartment Structure in the C-1 Zoning District, on Property Located at 959 North Oak Street, Assessor,s Parcel No. 002-114-69, C-1, Light Commerclal Zoning District (Continued from August 16, 1995) Councilmember Shoemaker stated he will remove himself from this meeting due to a contract relationship with the applicant, and left the meeting at 7:03 p.m. Mayor Schneiter polled the Council as to whom have viewed the site, and all Council indicated they had viewed the project site. The Associate Planner reported on the project and the denial on July 26, 1995 by the Planning Commission. He explained the Planning Commission's discussions and determinations. Discussion ensued regarding the no parking in fire lane signage on the site, retention of three apartment occupants currently vacant, and Planning Department fees still uncollected. Public Hearing Opened - 7:08 p.m. Tom Johnson, applicant attorney, explained he would like to address concerns developed during this public hearing process, and will be available for later input. Floyd Knox, 959 N. Oak Apt. B, opposes this project due to density, safety concerns, neighboring residential property impacts, and concerns that alternate access through commercial property would be better, instead of the proposed access. A neighbor, name stated unclearly, 947 No. Oak St, opposes this project as she has a two year old and does not want cars going up and down the property. Melissa Broaddus, 959 N. Oak Apt C, objects to this project due to access which blocks access, as noted in her letter in the packet. Mike Correll, 957 N. Oak, objects to this project, due to safety problems and density concerns, noted Mr. Titen's parking is on leased land which will nullify the easement when it reverts. He feels there will be a legal problem with this. He indicated this project will lower property values, and may be in conflict with zoning densities, and feels problems are ongoing with absentee landlords. Charley Ruelle, 980 N. Oak, feels the Planning Commission findings are correct and suggested this project could be viable if entry is from State Street, which will eliminate these expressed concerns. Tom Johnson, Attorney for applicant, addressed the concerns expressed pertaining to the driveway width redesign, easements are obtainable, is within zoning and allowable use, there will be enforcement of the no parking in fire lane, safety issues have been addressed, and the new general plan allows for four residential units on this property, instead of the three proposed. He noted Reg. Mtg. September 20, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 this project has been amended and adapted to conform with the Planning Department's requirements, and feels the project is well conceived. Mayor Schneiter questioned the size of the property in relation to the existing fences, and noted he thought he saw eight inoperative vehicles, and asked why does the applicant not access from State Street. Mr. Johnson stated these are two separate parcels with another commercial project under design for this parcel on State Street. He indicated the applicant has attempted to create a good project for this one parcel. Cheryl Baker, 750 North Pine Street, noted she knows this neighborhood well and is concerned for safety situations currently that will be aggravated if further development is allowed. She expressed concerned regarding traffic, and noted she has seen cars parked in the fire lane continuously and feels no fire truck could access this area. She explained the differences between this project and Cleveland Lane, and does not feel this project is appropriate. Mr. Johnson responded current standards are being met according to the Planning Department, nothing restricts use of easements for access, and his client will enforce inappropriate parking. Councilmember Mastin questioned staff regarding permitted use history. The Planning Associate reported a 1981 use permit for a duplex was taken but no building permit was issued, so the use permit has expired. John Chan, 2311 South Dora, adjacent property owner, indicated that policing will be difficult with current conditions, and expressed concern regarding foot traffic, noting he has had problems with damage to his property. He feels this project may reduce the foot traffic. Mr. Correll, explained visits from the Fire Marshall allowed parking as long as 20 feet wide was allowed. He explained the parking situation and past problems. Public Hearing Closed - 7:43 p.m. Council queried staff regarding if the project is denied it will revert to a legal non-conforming use of a single residence, the history of this building, and the fire lane. M/S Malone/Matin up hold the Planning Commission's denial, based on the findings that the establishment, maintenance and operation of the additional apartment units would be detrimental to the health, safety, comfort, and general welfare of persons residing or working within the neighborhood, and would be detrimental to property or improvements around the site. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Mayor Schneiter. NOES: None. Absent: Councilmembers Wattenburger and Shoemaker. The Fire Marshall noted it is their intention to mark and enforce the fire lane parking on this site. Councilmember Shoemaker returned to the meeting at 7:45 p.m. 7b. Appeal of Planning Commission,s Denial of Use Permit Applicatlon No. 95-27, as File4 by Timothy Kuan, to Allow the Conversion of an Existing 1,330 Square-Foot Residence in the R-3 Zoning District to an Acupuncture (Medical) Office, on Property Located at 205 West Gobbl Street, Assessor's Parcel No. 003-031-08, Reg. Mtg. September 20, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 R-3, General Multiple Resldential Zoning District The Associate Planner reported the proposed project is for a medical office in a residential zone at the corner of Gobbi and Oak Streets. He reported at the August 23, 1995 Planning Commission meeting, the Commission determined that this proposed use will be detrimental to the health, safety, comfort, and general welfare of persons residing or working within the neighborhood, and would be harmful to the general welfare of the City. He noted this general finding was based on the moire specific finding that the project would permit a commercial use in a residential setting that does note having a parking area that is adequate to provide safe or efficient ingress and egress to the site. Public Hearing Opened 7:47 p.m. Jerry Ward, Ukiah, reported on the history of this property where he lived at one time in this residence and explained the problems with the area for a residence. He noted backing out of this driveway for over eight years was not a problem for him or the neighborhood. He explained this area is more conducive to commercial offices than residences. Jerry Massini, 2101 Sierra Place, represents the seller Mrs. Ward, and stated this property's location is more commercial than residential. He addressed the previous issues, in which they will resolve, concerning handicapped access, removal of fence on Oak Street, repaving the back and removing the overhang for back parking, adding two parking places and widening the driveway for handicap access, and possible enhancement of landscaping. He explained they met the off street parking requirement and the concern for backing out on Oak street is a common occurrence in the commercial area of Ukiah and cited several other locations on heavier trafficked streets than Oak street. He stated they have two leases for parking spaces at American Savings, and could gain more if needed. He feels this project meets all conditions and codes, and indicated they are willing to work with the Planning Commission regarding site improvements. Victor Lopes, 2606 Eastside Road, noted he drove by this project as he is working on a project next to this project. He expressed concern regarding no ADA handicap ramps, noted surrounding commercial projects are for sale and could be purchased for a better designed project. He explained that backing out of a driveway with heavy pedestrian traffic, which are mainly school children, is a major factor for this property. He urged denial of this project. Donna Roberts 781 Sidnie Court, requested there should be a clear line drawn between high density residential area and commercial development, to avoid more elimination of our residential areas. She urged we quit making the same mistakes in housing conversion to commercial use. Burton Vanseft, 980 Birch Street Willits, noted in 1946 this area was a truck stop and this lot should not have been developed as a residence, as Gobbi Street is not conducive to residential living. Mr. Massini stated they have incorporated a handicapped parking space to allow handicapped access, with elimination of the sycamore tree. Mr. Lopes stated there is an eight inch difference in elevation, which will not be conducive to this project. Public Hearing Closed - 8:10 p.m. Councilmember Shoemaker stated he has viewed the site, as did other Councilmembers who previously indicated they had viewed the site. Reg. Mtg. September 20, 1995 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Councilmember Mastin stated he is against paving over this property and would only approve one parking space, especially when there is an empty parking lot across the street. Councilmember Shoemaker stated he has no problem with mixed use and is also concerned regarding paving over with no apparent landscape plan. He agrees it is not favorable for a residence, he would like to see ADA accommodation, visual enhancement of the property, possible off site parking option, or a traffic pattern created. Mayor Schneiter stated he favors a rework of this project plan. Councilmember Malone commented as this is a use permit, he thought we favored saving a tree for a parking space and would like to save this Sycamore tree. M/S Shoemaker/Mastin to deny this appeal of Use Permit Application No. 95-27 as filed by Timothy Kuan, without prejudice. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Recess - 8:23 p.m. Reconvened - 8:28 p.m. NEW BUSINESS 9f. Authorize Retaining Special Counsel Regarding Potential Investment Litigation Mayor Schneiter reported as per Government Code Section 54956.9(c) conference with legal counsel in Closed Session regarding anticipated litigation concerning initiation of litigation is required. Council entered Closed Session - 8:30 p.m. Council came out of Closed Session - 9:29 p.m. M/S Shoemaker/Malone to authorize the Mayor to sign the retainer agreement with Belin, Rawlings and Badal, including the fee schedule as provided in the report, provided the agreement is approved as to form, by the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayro Schneiter. NOES: None Absent: Councilmember Wattenburger. 9a. Appointment of Five Member Board of Appeals, Per Uniform Fire Code Section 2.303, to Hear Appeals of Fire Chief's Determination of Non-Compliance The Fire Marshal reported he has received an appeal of a Fire Chief determination, by Lee Howard, concerning an in progress project removing an underground tank at property located at 1040 South State Street. He explained the code provisions and referred to the list of qualified persons willing to serve on this board. Motion by Shoemaker to cite and prosecute and not appoint an appeal board. The motion died for lack of a second. Discussion ensued regarding legal process, fines, and procedures to remedy this matter. Councilmember Shoemaker expressed concern for danger to children playing around an unprotected open pit at this site. M/S Schneiter/Shoemaker to appoint a five member appeal board from among individuals on list provided. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Reg. Mtg. September 20, 1995 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9b. Approval of Bad Debt Write Off for 1994/95 Fiscal Year The Finance Director reported this total amount represents a .33% of the total billings of $15.5 million, generated during the past fiscal year. He noted this rate is better than the City's standard of % of 1% of billings, as an allowance for doubtful accounts. M/S Mastin/Malone to approve the bad debt write off for fiscal year 1994/95 in the amount of $50,789.27. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9c. Consideration of Proposals from Executive Search Firms for city Manager Recruitment The City Attorney questioned if Council desires'to rush this matter and suggested discussion surrounding possible delay of the initiation of a search for a new City Manager, to provide time for adjustment and evaluation. It was the consensus of Council to delay this matter until April of 1996, and requested a letter be sent to the firms submitting proposals. Mayor Schneiter indicated he is very comfortable with how things are running currently. 9d. Set Date for Joint Meeting with Planning Commission It was the consensus of Council to set the date for a joint meeting with the Planning Commission for November 29, 1995 6 p.m. to 8 p.m. 9e. Set Date for Employee Recognition/Christmas Party and Approve Budget Augmentation The Interim City Manager reported on the proposed bi-annual Christmas recognition and awards dinner. M/S Shoemaker/Mastin to set December 8, 1995 as the date for the semi-annual employee recognition/Christmas party and approve a budget adjustment of $2,450 from the general fund reserves fund 115 to account number 100.1001.690.003. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9g. Adopt Resolution Allocating Funds to the Mendocino County Library and Approving Budget Amendment Mayor Schneiter reported on how the committee determined this recommendation. Councilmember Mastin questioned if there is an interest by Council to establish a formal relationship with the library, instead of this process each year. He indicated he is uncomfortable with this process, as it is neither formal, or just providing the land and building as in past years. Discussion ensued regarding long term contract relationship, past history of the library, current allocation amount reduction from last year and reasoning, and possible mid-year adjustment. M/S Shoemaker/Mastin to adopt Resolution No. 96-17 and to bring back amount as recommended and then bring back in April for reconsideration of further requests for library funding. The motion was carried by the following roll call vote: AYES: Councilmembers Reg. Mtg. September 20, 1995 Page 7 .. , , ',, .,. MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 20, 1995 Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None Absent: Councilmember Wattenburger. 9h. Consideration of Proposal by City of Covina Regarding Redistribution of Sales Tax It was the consensus of Council to send a letter to Covina replying that we will take this matter up at the League of California Cities Annual Conference with them. 10. CITY COUNCIL/REPORTS Councilmember Mastin - Reported on the entrepreneur of the year awards ceremony he attended and noted the first home football game at Mendocino College's new stadium is this Saturday. Councilmember Malone - Reported on the upcoming piano concert; he will be Master of Ceremonies, and referred to the handout he provided Council regarding mobile source emission standards. Councilmember Shoemaker - Reported on the League's Redwood Empire Division meeting he and. Councilmember Malone attended, and the Mendocino Solid Waste Management Authority meeting activities. Mayor Schneiter - Reported he will be attending the Annual NCPA conference next week where he will step down as Chairman, and noted he has a meeting with EBA Wastetechnologies October 4th 10:00 a.m. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS The Interim City Manager reported that Fire Operations Chief, Roe Sandelin, injured his back and is currently bedridden. Recessed - 10:35 p.m. Reconvened - 11:04 p.m. CLOSED SESSION 12a. As per Government Code Section 54956.9 (c) - Conference with Legal Counsel Regarding Anticipated Litigation - Initiation of Litigation (Number of Cases - 2) 12b. As per Government Code Section 54957.6 - Conference with Labor Negotiator, Candace Horsley, City Manager, Regarding City of Ukiah Management Unit Entered Closed Session at 11:04 p.m. Came out of Closed Session at 11:58 p.m. with the City Attorney, noting no action was taken. 13~ ADJOURNMENT There being no further business, the meeting was adjourned at midnight. CCMIN209 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. September 20, 1995 Page 8 ITEM NO, 5a DATE: October 4. 199§ AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING SUBORDINATION AGREEMENT AND SIGNATORIES FOR JESUS AND GUADALUPE SUAREZ, 254 CARLTON DRIVE In 1988 the City entered into an agreement to loan Jesus and Guadalupe Suarez $9,000 for improvements to their property at 254 Carlton Drive. This loan is in a "third" position to loans the Suarez's have with Force One Mortgage and Mendo Lake Credit Union. The loan was part of the City's Community Development Block Grant program for Iow and moderate income property rehabilitation, which at that time was administered for the City by the Mendocino County Community Development Commission. The property owners are refinancing the second loan and requesting the City to remain in the "third" position. The City must sign a "Subordination Agreement" to meet this request. The action is within the guidelines of the original CDBG program as the funds continue to assist Iow and moderate income housing. The value of all loans does not exceed 70% of the property value as appraised September 5, 1995. Staff utilizes an 80% ratio as the standard for these types of transactions. Had the ratio been higher than that, Staff would not recommend further subordination. A similar agreement was executed in May 1994 for this same property. Staff recommends that the City Manager be given the authority to execute the Subordination Agreement. RECOMMENDED ACTION: Adopt resolution approving Subordination Agreement with Jesus and Guadalupe Suarez and authorizing signatories. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Subordination Agreement is not desired and do not adopt resolution. 2. Determine alterations to the agreement or signatories are necessary, identify those changes, and adopt the resolution with the modifications stated. Acct. No. (if NOT budgeted): NA Acct. No.: NA Appropriation Requested: (if budgeted) Citizen Advised: Yes, Title Company and Credit Union Requested by: Jesus and Guadalupe Suarez Prepared by: Michael F. Harris, Assistant to the City Manager Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution for adoption, pages 1-3. APPROVE D~ _,..~~~,~__ Candace Horsley, City I~anager m~h:~sr SUB AGR 10/4/95 Order No. Escrow No. Loan No. 10619 WHEN RECORDED MAIL TO: Mendo Lake Credit Union P.O. Box 1410 Ukiah, Ca. 95482 Atten: Kathleen SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: SECURITY INSTRUMENT. THIS AGREEMENT, made this 15th day of September Jesus Suarez and Guadalupe Suarez, husband and wife. owner of the land hereinafter described and hereinafter referred to as "Owner," and City of Ukiah THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER ,19 95 , by , present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Jesus Suarez and Guadalupe Suarez did execute a deed of trust, dated February 15, 1988 , to First American Title Insurance Company , as trustee, covering: Lot 18, as numbered and designated upon the map of Empire Gardens, Subdivision No. 3, recorded July 11, 1955 in Map Case 1, Drawer 10, Page 17, F~_nd~~ County Records. A.P.N. 1-392-19 to secure a note in the sum of $ 9,000.00 City of Ukiah recorded May 31, 1988 , as Instrument No. of said county; and 8324 , dated February 15, 1988 , in favor of , which deed of trust was , in Book 1688 , Page 31 , Official Records WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $ 25,000.00 , dated %/ . in favor of Mendo Lake Credit Union , hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and (continued on reverse side) ,, -. ~ .. Page 1 of 2 WHEREAS, lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed.of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) (b) (c) (d) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. CITY ]OF UKIAH BY: / Beneficiary ~3ADALUPE SUAREZ Owner JESUS SIIAREZ (ALL SIGNATURES MUST BE ACKNOWLEDGED) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR AT-I'ORNEYS WITH RESPECT THERETO. (CLTA SUBORDINATION FORM '~')_.~ _ 1266 (1/94) Page 2 of 2 l0 13 15 3.7 3.8 19 2O ?-3 2.4 ?-5 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING SUBORDINATION AGREEMENT AND AUTHORIZING SIGNATORY TO AGREEMENT FOR JESUS AND GUADALUPE SUAREZ, 254 CARLTON, UKIAH WHEREAS, on February 15, 1988 the City of Ukiah agreed to loan Jesus and Guadalupe Suarez, $9,000 for rehabilitation of their property at 254 Carlton, Ukiah, CA; and WHEREAS, said loan was completed under the City of Ukiah Community Development Block Grant Iow and moderate income housing program; and WHEREAS, Jesus and Guadalupe Suarez are refinancing the subject property and have requested the City's loan remain in the third position, and such action is consistent with the CDBG program guidelines; and WHEREAS, the City of Ukiah desires to continue meeting the goals and objectives of the General Plan Housing Element by assisting Iow and moderate income housing. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does hereby approve the Subordination Agreement to Jesus and Guadalupe Suarez for property at 254 Carlton Drive (Mendocino County Assessor Parcel Number 001-392-19), in the amount of $9,000, Exhibit A to this resolution, and authorizes the City of Ukiah City Manager to execute same agreement. PASSED AND ADOPTED this 4th day of October, 1995 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk mfh:reso~d SUB AGR 10/4/54 ITEM NO. 5b DATE: October 4, 1995 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION OF A NOTICE OF CANCELLATION REGARDING THE TRAFFIC SIGNAL PARTICIPATION FEE APPLICABLE TO LOTS OF THE REDWOOD BUSINESS PARK OF UKIAH, UNIT ONE As indicated in the attached written request from Redwood Empire Title Company of Mendocino County, they are requesting the City to execute a Notice of Cancellation regarding the Traffic Signalization Fee to be levied on all parcels created by the Redwood Business Park of Ukiah, Unit One, pursuant to the conditions of approval for the Tentative Map and the Traffic Signalization Fee note on the Final Map. The Signalization Fee requirement was voided by the provisions of paragraph 1.4 of the td-party agreement, executed on February 12, 1993, between Redwood Business Park of Ukiah, Wal-Mart Stores, and the City of Ukiah. The fee was not voided for Lot B2, however. When this Lot is developed the City is required to collect the Signalization Fee and pay the fee to Redwood Business Park. (Continued on Page RECOMMENDED ACTION: Pass and adopt the Resolution Authorizing the Mayor to execute a Notice of Cancellation confirming that the requirement for payment of the Traffic Signal Participation Fee for all Lots in the Redwood Business Park Subdivision, excluding Lot B2, has been canceled. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. None. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Redwood Empire Title Company Prepared by' Rick Kennedy, Public Works Director/City Engineer ~.,~- Coordinated with: Candace Horsley, City Manager Attachments: 1. Authorizing Resolution 2. Letter of request 3. Notice of Cancellation (to be corrected prior to execution) 4. City correspondence, dated August 21, 1995 5. Resolution No. 86-41 6. Copy of portion of Redwood Business Park Final Map 7. First two pages of tri-party agreement 8. Exhibit "A" of Traffic Signal Participation Fund R:4/CM:ASRTraf Pursuant to the tri-party agreement, Wal-Mart, Redwood Business, and the City of Ukiah participated financially in the construction of the Talmage/Airport Park Blvd. traffic signal improvement. Staff recommends that the City Council adopt and pass the attached resolution authorizing the Mayor to execute, on behalf of the City, a Notice of Cancellation pertaining to the referenced Traffic Signalization Fee. It is noted that the accompanying Notice requires correction as to its reference to the excluded Lot; Lot B2, and not Lot 2B. After execution, Redwood Title will have the Notice of Cancellation recorded. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE UKIAH CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A NOTICE OF CANCELLATION PERTAINING TO THE SIGNALIZATION FEE IMPOSED ON LOTS WITHIN THE REDWOOD BUSINESS PARK OF UKIAH, UNIT ONE, SUBDIVISION WHEREA~, the Ukiah City Council passed and adopted Resolution No. 86-41 approving Tentative Subdivision Map No. 86-48 of the Redwood Business Park, on April 16, 1986, said resolution requiring the developer to contribute 50% to the Talmage-Airport Park Blvd. Signalization Fund and payment to the Fund to be pro-rated over the development of the project based on the formula that meets the approval of the City Council; and WHEREAS, the Ukiah City Council approved the Redwood Business Park Traffic Signal Participation Fund formula at $1,707/acre on April 20, 1988; and WHEREAS, the Ukiah City Council passed and adopted Resolution No. 88-40 approving Final Map for Redwood Business Park of Ukiah, Unit One, on April 20, 1988; and WHEREAS, a Signalization Fee note was placed on the Final Map stating, "the Lots shown hereon are subject to payment of a Traffic Signal Participation Fee payable with the first Building Permit issued for each Lot created by this subdivision," and said Final Map was recorded on June 24, 1988, in Case 2, Drawer 47, Page 24, records of Mendocino County; and WHEREAS, a tri-party agreement implementing conditions of approval was executed on February 12, 1993, between Redwood Business Park of Ukiah, Wal-Mart Stores, and the City of Ukiah, and said tri-party agreement required the parties to financially participate in the construction of the traffic signal at Talmage 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Road and Airport Park Blvd., and the provisions of paragraph 1.4 of said tri-party agreement eliminated the Traffic Signalization Fee to be imposed on all Lots within the Redwood Business Park of Ukiah, Unit One, Subdivision, excepting Lot B2; and W-~RF2~S, Redwood Empire Title Company of Mendocino County has requested the City to execute a Notice of Cancellation confirming that the requirement for payment of the Traffic Signal Participation Fee for all Lots in the Redwood Business Park of Ukiah, Unit One, Subdivision, other than Lot B2, was voided by the provisions of said tri-party agreement. NOW THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to execute a Notice of Cancellation confirming that the requirement for payment of the Traffic Signal Participation Fee related to the Talmage Road and Airport Park Blvd. traffic signal to be imposed on all Lots in the Redwood Business Park of Ukiah, Unit One, Subdivision, other than Lot B2, has been voided by the provisions of an Agreement Implementing Conditions of Approval, executed on February 12, 1993 by and between Redwood Business Park of Ukiah, Wal-Mart Stores, and the City of Ukiah. PASSED AND ADOPTED this 4th day of October, 1995 by the following roll call vote: AYES: NOES: ABSENT: ATTEST' Fred Schneiter, Mayor Cathy McKay, City Clerk 4 :Res :RBP Redwood Empire Title Company of Mendocino County September 1995 REPLY TO UKIAH OFFICE Rick H. Kennedy ..... ' City of Ukiah " .......... '":' Director of Public Works/City 300 Seminary Ave. ·" ". ': "'d:. ' ". ' Re: Our Order Ro. 187070-GW ':: ~ ?:: ::: :: ~i:?.~'~!!. %.. ~:....... Redwood Business Park/SignaI'i~iZ~at:iOhi I am enclosing herewith a PropOS::~di!i!~N0:t~C¢~:::of Cancellation regarding ~tll you please review th~S::::::~:fi:d~?.:if?:~:~:~:~'~ts With your approval, please ........... have ~t signed by the prOp~ty'~.pa~['ies~ ~Otarized and return same to the . ..........:.: .....- : undersigned. ~e will also:ha~e to:.:h'aVe a Resolution to to attach to said document so that ~t may be':.rec0rded. ', '-L'[:;::.:: ..'.': ::*::.5 '~"::.2::::::J .2': .:.-' ,. ::5 ::[': : '" : "/. :::..7 , ',' .. Should you have any please feel free to contact the undersigned,' '::~':~ "?. · . :. . . .: . ...: Yours very truly ::":' ':':~'"~?;: ... '.:~.~:. .~ .:'.:~: . · ... ~....~ . ...~...... OF ~E~DOGI~O COUNTY ..... :: :: ~:~:::::::::::::::::::::::: ~' . ...;: :...:. :.. -./.:...-:.:... ::::::.:.:.:::. ~::.: :: : .-..:.....:::...... :::.. :::.. %. · . . < '. .' ~ .2'. 'L Georgine ~ll~ams . }'......:.??:~..~: ?;~: .'< :.:? Escrow Officer ... ...... ~.::~..>:~..:::: .:~..::.::::?" =::.: ::::.: :.:: .:- :.::2':: .:.~ ::: '?.:~:'-.:..: ':::~? :..:'. 7.~.?~' ". ~':. ":' :. · · ' ::'::.:.' :' .... :.'' :.~:: . . ... ........:.'...: .~ .... ..:.::.:..::. :.~ .. :....: ~... :. . ..:: ...... : ..~ :::. , ....... .......... .... .. .... OFFICES P. O. Box 238 376 EAST GOBSI STREET UKIAH, CA 95482 PHONE (707) 462-8666 FAX #(707) 462-5010 P. O. ROX 459 1764 SOUTH MAIN STREET WILLITS, CA 95490 PHONE (707) 459-5316 FAX #(707) 459-0970 P. O. BOX 360 319 NORTH MAIN STREET FORT BRAGG, CA 95437 PHONE (707) 964-4743 FAX #(707) 964-4505 P. O. BOX 653 45080 LITTLE LAKE Sl'. MENDOCINO, CA 95460 PHONE (707) 937-5855 FAX #(707) 937-3430 WHEN RECORDED MAIL TO: NOTICE OF CANCELLATION On June 24, 1988, a subdivision map of Redwood Business Park of Ukiah, Unit One, was filed for record in the office of the Recorder of the County of Mendocino, State of California, in Map Case 2, Drawer 47, page 24. Said map contained the following note as required by the City of Ukiah: "The lots shown hereon are subject to payment of a Traffic Signal Participation Fee payable with the first building permit issued for each lot created by this subdivision." This notice is bein~ecorded~b ~-~--'-to con~m and establ/that the requirement for pa~ent of the T~ffic Signal ~rticipa~ion Fe~/for all the lots in the Redwood Business Par~d~vlslon~~ other ~ Lot~ has been cancelled by the provision of an Agreement dated February]12, 1993, by and between Redwood Business Park of Ukiah, a California Limited ~Partnership, by Wal-Mart Stores, a Delaware corporation and the City of Ukiah. ~%0~,~,~ ~....~ t. ~, .... ~O~: ~',~ ,,'~( ~O~,::~ ~.. ~t~ Executed this day of , 1995. CITY OF UKIAH BY: STATE OF CALIFORNIA ) ) ss COUNTY OF MENDOCINO ) On , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 300 SE · /gDMIN. 707/463-6200 · FAX // 707~463-6204 August 21, 1995 UKI,RH, CA 95482-5400 · PUBUC S/q:ED' 463-6242/6274 · REDWOOD EMPIRE TITLE COMPANY OF MENDOCINO COUNTY 376 East Gobbi Street Ukiah, California 95482 ATFN: Georgine RE: SIGNALIZATION FEE CONCERNING REDWOOD BUSINESS PARK OF UKIAH Dear Georgine: This is to confirm that the required signalization participation fee subject to all parcels and payable upon the issuance of a Building Permit issued for each lot created by the subdivision of the Redwood Business Park of Ukiah Unit One, Recorded in Case 2, Drawer 47, Page 24, Records of Mendocino County Recorder, has been voided by the provisions of a Tri-Party Agree~nent executed on February 12, 1993, between Redwood Business Park of Ukiah, a California Corporation, Wal-Mart Stores, a Delaware Corporation, and the City of Ukiah. The specific provisions voiding the fee are found in Paragraph 1.4 of the Agreement, copy enclosed. Please call me at your earliest convenience if I can be of further assistance. Sincerely, · ublic Works/City Engineer cc: Larry Woods Associate Civil Engineer RIIK:lr, k R:I~V LRETC · 'We Are Here To Serve" 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 86-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING TENTATIVE SUBDIVISION MAP NO. 86-48 REDWOOD BUSINESS PARK WHEREAS, the Planning Commission has considered and recommended approval of Tentative Map No. 86-48 for the Redwood Business Park, and WHEREAS, the City Council approved Use Permit No. 81-39 on March 4, 1981 specifying conditions and development standards for the Airport Industrial Park, and WHEREAS, the Director of Public Works reports that the City of Ukiah has sufficient wastewater capacity to handle waste waters for this project without violation of Water Quality Control Board Standards, and WHEREAS, the City Council adopted a focused Environmental Impact Report for the Airport Industrial Park, the area within which this project is located, thus the tentative map does not require further environmental evaluation. NOW THEREFORE, BE IT RESOLVED that Tentative Map No. 86-48 (Attached Exhibit A) for the Redwood Business Park is approved conditioned upon compliance with all applicable State statutes, local ordinances, conditions of approval of Use Permit No. 81-39 and the following specific conditions: 1. Ail utilities, sewer, water, electric and drainage be installed with each phase and that all utilities be undergrounded at developer's expense. 2. Full street improvements on interior or abutting streets be constructed. 3. Street improvements on Talmage Road shall include traffic channelization. 4. Developer contribute 50% to Talmage-Airport Park Boulevard signalization fund with the condition that signalization occur prior to development of the last property or money refunded. Payment to be pro-rated over the development of the project based on the formula that meets the approval of the City Council. 5. Street pavement sections shall be Cal Trans design based on soil R values with Traffic Index to be determined by City Engineer. 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 27 28 Drainage be provided into and through subdivision from Railroad right-of- way. 7. Method of drainage into freeway ditch shall be additionally approved by Cai Trans. 8. Railroad crossing to be approved by Railroad. 9. Property Owners Association will be formed and provide landscaping maintenance for street landscaping. 10. Sidewalk and bike lane installation (so long as required by Use Permit No. 81-39) except along Talmage Road, may be delayed until the development of each parcel. 11. Extension of utility mains into the property shall be completed with the first phase. 12. There be a minimum of 2,000 gallons per minute fire flow to the approval of the Ukiah Fire Marshal. 13. On-site fire hydrant, Rich #76 or equal, to be placed 300 feet apart to the approval of the Fire Marshal. , 14. A landscaping/drainage plan along the freeway be approved by the City Engineer, Director of Planning and Cal Trans. 15. Ail Federal, State or local statutes or regulations governing and controlling the use and disposal of toxic material be applied. PASSED AND ADOPTED this 16th day of April, 1986 by the following roll call vote: AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers NOES: None ABSENT: None MAYOR 0 o, 0 a z --I _~,~ ~_ \ o~ OLd ";'. 0 ~,~ ~ ~ o o ~ ~ z-~u · :t 0 ~ ~.- ~ ~1~ I~1- :~ ~ z T ? / ~ I ~ AGREEMENT IMPLEMENTING CONDITIONS OF APPROVAL This Agreement is made and entered in Ukiah, California, on ~~~y /~ , 1993, between Redwood Business Park of Ukiah ("Redwood"), a California limited partnership, Wal-Mart Stores, Inc. ("Wal-Mart"), a Delaware Corporation authorized to conduct business in California, and the City of Ukiah ("City"), a general law municipal corporation. RECITALS: 1. On April 20, 1988, the City in Resolution No. 88-4, approved the Final Map for Phase I of the Redwood Business Park, including the condition that Redwood contribute to the Talmage Road/Airport Park Boulevard Signalization Fund in the amount of $91,575.00 (50% of $183,150.00). 2. At that time the City also approved a formula for computing that each parcel within the 89.4 acre subdivision ("the Subdivision") should contribute $1,707.00 per acre toward the cost of installing traffic, signals at the intersection of Talmage Road and Airport Park Blvd. ("the Signalization Fee"). 3. Under condition 1 of the Site Development PermitHo. 90- 87 issued to Wal-Mart Stores, Inc. ("the Permit"), which is incorporated herein by reference, Wal'Mart is required to install a traffic signal at the intersection of Talmage Road and Airport Park Blvd. ("the Signalization Project") prior to the opening of the Wal-Mart Store located at lot A1 in the Subdivision. 4. Under condition 2.a. of the Permit, Wal-Mart is required to design and widen Talmage Road on the north side between the existing south bound highway off-ramp and the railroad tracks ("Talmage Road Widening Project"). 5. Under condition 2.b of the Permit, Wal-Mart is required to design and construct an access approach to Talmage Road on the existing east exit ramp from Highway 101, subject to the approval of California Department of Transportation ("CalTrans") and the City Engineer ("Talmage Road Off-Ramp Reconstruction Project"). · "6. Unde~ con~i~ion 3 of'~he Permit, Wal-Mart is required to widen and repave the western portion of Airport Road between its intersection with Commerce Drive and Hastings Avenue, and the entire length of Hastings Avenue'between the railroad tracks and South State Street ("Hastings/Airport Roads Widening Project"). 7. The parties have agreed that City shall construct the Signalization Project and that Wal-Mart and Redwood shall construct the Talmage Road Widening Project, Talmage Road Off-Ramp Reconstruction Project and the Hastings/Airport Roads Widening Project as further provided herein, and depending on the actual , cost of those projects the City may contribute toward the cost of designing the Talmage Road, Talmage Road Off-Ramp and/or Hastings Road projects in accordance with a formula as further provided herein. AGRE~: In consideration of the above-recited facts and the terms and conditions further stated herein the parties agree as follows.. 1. Signalization Project (Condition 1). 1.1 City shall design and construct the traffic signals to comply with condition 1 of the Permit. 1.2 The Signalization Project is estimated to cost $183,150, including engineering costs. 1.3 Upon completion of the Signalization Project, the City shall furnish Redwood and Wal-Mart with an accounting which shall itemize the actual costs of construction, including engineering costs. The statement of actual costs shall be used in computing the settlement payment pursuant to paragraph 6. \ 1.4 The City shall collect the Signalization Fee for Lot B2 of Redwood Business Park prior to issuing the building permit for any improvements on that Lot. City shall pay said fee to Redwood as soon as it is collected. The City shall not impose the Signalization Fee on any other parcels in the Redwood Business Park Subdivision. 2. Talmage Road Widening Project (Condition 2.a). 2.1 Redwood and Wal-Mart shall design, construct the Talmage Road Widening Project to comply with condition 2.a of the Permit. 2.2 The Project is estimated to cost between $165,000 and $186,900, including engineering costs. · 3. 2 .b). Talmage Roa~ Off-Ramp~Reconstru~otion-Project (Condition 3.1 Redwood and Wal-Mart shall design, and construct the Talmage Road off-Ramp Reconstruction Project to comply with condition 2.b. of the Permit. 3.2 The Project is estimated to cost $150,000, including engineering costs. · Hastings/Airport Roads Widening Project (Condition 3). · B.R.B. Ref:pw6 EXHIBIT "A" REDWOOD BUSINESS PARK - TRAFFIC SIGNAL PARTICIPATION FUND Location: Cost - 1988: Cost - 1993:. Subdivision Obligation (50%) = $183,150 2 Net Subdivision Acreage - 89.4 acres Talmage Road and Airport Park BoUlevard $150,000 $150,000 + 4% escalation/Year = $183,150 · = $ 91,575 ASSUME SIGNALS TO BE INSTALLED IN 5 YEARS - 1993 Amount needed per year to generate $91,575 in 5 years @ 7% interest = $15,260 per year Average Acreage to be developed per year = 89.4 acres ~ 8.94 acres/year 10 years Contribution required per acre = $15,260/yea. E = $1,707/acre 8.94 ac./yr. MEMORANDUM DA~E: April 14, 1988 TO: D. Kent Payne, City Manager · FROM: Robert B. ~edroncelli, Director of Public. Works/City Engineer~~ SUBJECT: REDWOOD BUSINESS PARK-·TRAFFIC SIGNAL· PARTICIPATION. FUND Use Permit No. 81-39 'was adopted by the City Council on March 4, 1981, specifying conditions and development standards for the Airport Industrial Park. Resolution No. 86-41 was adopted by the City Council on April 16, 1986, approving the Tentative Subdivision Map for Redwood Business Park, whereby Condition No. 4 requires the developer to contribute 50% to the Talmage-Airport Park Boulevard Signalization Fund, with the condition'that the signalization occur prior to the development of the last property of the Business Park .or money refunded, with payment to be prorated over the development of the project based on a formula that meets the aPproval of the City Council. ~, The attached Exhibit "A" ·makes various assumptions to arrive at a cost per acre value to be contributed toward the Signalization Fund as each lot within the subdivision is developed. Exhibit "A" fixes the total Signalization Fund amount. The'assumptions in the calculations will vary over a period of time, however, the contribution rate can be recalculated at any time based on a change of those assumptions and the cumulative contribution which has been made at any given time. ~ RECOMMENDATION: City Council approval of the formula shown on the attached Exhibit "A" establishing the developer contribution of $1,707.00 per acre to be paid into a Traffic Signal Participation Fund for said. signalized intersection, to be paid at time of issuance of the first building-permit on each of the lots created by the subdivision. It is further recommended that staff ,~be directed to bi-annually review the anticipated date for signal installation, development rate of the subdivision, and recalculase the contribution rate, although the total dollar amount of the fund would not chanse. .,. RBP:BRB:kr .. ..~ Attachment · c: Assistant Director of Public Works Deputy Director of Public ~o~ks Director of Community Development ITEM NO. 5c. DATE: October 4, 1995 AGENDA SUMMARY REPORT SUBJECT: Deny Claim for Subrogation Interest Received from California State Automobile Association and Refer to City Insurance Carrier REMIF The claim from Califomia State Automobile Association was received by the City Clerk on August 31, 1995 as a notice of subrogation interest arising from loss claimed by Peggy Farmer (previously denied by Council). REMIF has requested this correspondence be processed in the usual and customary manner for claims. RECOMMENDED ACTION: Deny claim for subrogation interest received from California State Automobile Association for loss claimed by Peggy Farmer, and Refer to City Insurance Carrier REMIF ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by City Risk Manager. Acct. No. (if NOT budgeted): N/A Acct. No. N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: California Automobile Association Prepared by: Cathy McKay, City Clerk Coordinated with: Candace Horsley, City Manager Attachments: 1. Claim received fmc California State Automobile Association ~andace H;rsley, 'City M~a~er August 29, 1995 California State Automobile Association Inter-Insurance Bureau CITY OF UK~AH 1995 City Clerks Office City of Ukiah 300 Seminary Road Ca. 95482 CI'I Y CLERK DEt'AR'I'MENT Ukiah, Re: Our Insured · Farmer, William H./Peggy L. Claim No · HO-01-301737-3 Date of Loss ' 07-05-95 Dear To Who]n It May Concern: This is notice of our subrogation interest arising from this loss. Please make payment directly to the California State Automobile Association Inter-lnsurance Bureau (CSAA-IIB). Attached is documentation for: Repair $ 278.59 Appliance Replacement $ 540.00 Total: $ 818.59 Due to a faulty connector on our lnsured's home, they sustained damage to their breaker box and to several appliances. Please refer to the enclosed list and settlement. According to the enclosed work orders: (I) Why was everthing okay on the 6th and then on the 7th the connectors had to be replaced? (2) What happened to change the condition? Your prompt response is appreciated. Sincerely, : Vickie Adams Claim Representative 707-263-4807 1464 PARALLEL DRIVE · LAKEPORT, CA 96463-9712 ., (707) 263-4807 F1114 (5-93) AGENDA SUMMARY ITEM NO. 5d DATE: October 4. 199§ REPORT SUBJECT' ADOPTION OF RESOLUTION AUTHORIZING SUBORDINATION AGREEMENT AND SIGNATORIES FOR DENISE BURRELL GORNY, 278 EMPIRE DRIVE In 1986 the City entered into an agreement to loan Olga Burrell $14,546.33 for improvements to her property at 278 Empire Drive. The loan was part of the City's Community Development Block Grant program for Iow and moderate income property rehabilitation, which at that time was administered for the City by the Mendocino County Community Development Commission. Mm. Burrell is deceased and the property is being taken over by her heirs. This was the only loan on the property, but to complete the split between the heirs, a new first mortgage is being pursued. They have thus requested the City to subordinate to a second position. The original agreement states that unless the first mortgage (of which there was none) was refinainaced or the property was transferred to someone other than the immediate family (Denise Burrell Gorny is a daughter), the loan would have to be paid off. Since neither is the case the loan remains valid and a second position by the City is appropriate. The City must sign a "Subordination Agreement" to meet this request. The action is within the guidelines of the original CDBG program. The value of the loans does not exceed 80% of the property value ($104,000) ascertified on September 12, 1995. Staff utilizes an 80% ratio as the standard for these types of transactions. Had the ratio been higher than that, Staff would not recommend subordination. Staff recommends that the City Manager be given the authority to execute the Subordination Agreement. RECOMMENDED ACTION' Adopt resolution approving Subordination Agreement with Denise Burrell Gorny and authorizing signatories. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Subordination Agreement is not desired and do not adopt resolution. 2. Determine alterations to the agreement or signatories are necessary, identify those changes, and adopt the resolution with the modifications stated. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments' Acct. No. (if NOT budgeted): NA Acct. No.: NA Appropriation Requested' (if budgeted) Yes Denise Burrell Gorny ~, (,~, ~'-~' Michael F. Harris, Assistant to the City Manager ~..t,~_j~,._~. ~. Candace Horsley, City Manager 1. Resolution for adoption, page 1. Candace Horsley, City Ma.hager mfh:asr BURSUB1~/4,/95 lO 13 15 17 18 19 2O 21 22 23 2.4 25 26 2.7 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING SUBORDINATION AGREEMENT AND AUTHORIZING SIGNATORIES TO AGREEMENT FOR DENISE BURRELL GORNY, 278 EMPIRE DRIVE, UKIAH WHEREAS, on November 24, 1986 the City of Ukiah agreed to loan Olga Burrell, $14,546.33 for rehabilitation of her property at 278 Empire Drive, Ukiah, CA; and WHEREAS, said loan was completed under the City of Ukiah Community Development Block Grant Iow and moderate income housing program; and WHEREAS, Olga Burrell is deceased and the property is being taken over by her heirs including a first mortgage with the City requested to be placed in a "second" position, and such action is consistent with the CDBG program guidelines; and WHEREAS, the City of Ukiah desires to continue meeting the goals and objectives of the General Plan Housing Element by assisting Iow and moderate income housing. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does hereby approve the Subordination Agreement to Denise Burrell Gorny for property at 278 Empire Drive (Mendocino County Assessor Parcel Number 001-370-05), in the amount of $14,546.33, Exhibit A to this resolution, and authorizes the City of Ukiah City Manager to execute same agreement. PASSED AND ADOPTED this 4th day of October, 1995 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathy McKay, City Clerk mfh,'res~d BURSUB10/4/54 Fred Schneiter, Mayor ITEM NO. 5e DATE: October 4, 1995 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY TO ACT ON CITY'S BEHALF AS GRANT APPLICANT AND ADMINISTRATOR FOR THE FOURTH CYCLE OF THE USED OIL BLOCK GRANT In the past, the Mendocino Solid Waste Management Authority (MSWMA) has acted as the City's agent in the application for and administration of Used Oil Block Grants available from the California Integrated Waste Management Board. These block grants have been used to purchase oil collection tanks and oil filter crushers, and for the reimbursement for the posting of used oil recycling information in retail stores. As indicated in Mr. Sweeney's letter of September 22, 1995, MSWMA desires to use future grant monies for supporting the Hazmobile Collection Program, which will include the collection of used motor oil. Staff is seeking Council's authorization to permit the City Manager to confirm in writing that MSWMA is authorized to act on its behalf as grant applicant and administrator for the fourth cycle of the Used Oil Block Grant offered by the California Integrated Waste Management Board. RECOMMENDED ACTION: Authorize MSWMA to act on City's behalf as grant applicant and administrator for the fourth cycle of the Used Oil Block Grant offered by the ClWMB, and direct City Manager to confirm this authorization in writing. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not authorize MSWMA as applicant and administrator Appropriation Requested: N/A Citizen Advised: N/A Requested by: Mike Sweeney, MSWMA Manager Prepared by: Rick Kennedy, Public Works Director/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Draft of written confirmation letter 2. Letter of request from MSWMA APPROVEI~, L~, R:4/CM:ASROil 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · September 29, 1995 Michael E. Sweeney, Manager Mendocino Solid Waste Management Authority P.O. Box 123 Ukiah, CA 95482 Re: Used Oil Block Grant, Fourth Cycle Dear Mike: This letter will serve to confirm that the Mendocino Solid Waste Management Authority is authorized by the City of Ukiah to act on its behalf as grant applicant and grant administrator for the fourth cycle of the Used Oil Block Grant of the California Integrated Waste Management Board. This authorization is the result of City Council action at their October 4, 1995 meeting. Sincerely, Candace Horsley City Manager CH:ky 4:PW:Loil '~,/e Are Here To Serve" Mendocino Solid Waste Management Authority A Joint Powers Agency Michael E. Sweeney Manager P.O. Box 123 Ukiah, CA 95482 Telephone (707) 468-9710 Fax [707] 468-3877 September 22, 1995 Candace Horsley Acting City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Letter of authorization for 4th cycle Used Oil Recycling Block Grant Dear Candace: In order to apply for the annual grant, MSWMA must obtain a letter of authorization from the administrative officer of each member jurisdiction. MSWMA used the first block grant to purchase oil collection tanks, post used oil recycling information in retail stores, and buy oil filter crushers. Future grants will be used to support the HazMobile collection program, which will include a major used oil component. Enclosed is a draft of such a letter. It can be returned to me for attachment to the grant application. Sincerely, rvlike Sweeney enclosure AGENDA SUMMARY ITEM NO. 7a DATE: Oct;obey' 4, REPORT 1995 SUBJECT: INTRODUCTION OF AMENDED AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT ORDINANCE SUMMARY: Mr. Gary Akerstrom, Agent for the Redwood Business Park of Ukiah is proposing to amend the Airport Industrial Park (ALP) Planned Development Ordinance and its associated Land Use Map. A detailed description of the proposed language changes is provided in the Project Description contained in the attached Planning Commission staff report. In addition, staff is initiating amendments to the Ordinance. In reviewing the existing Ordinance and the applicant's requested changes, staff determined that it was out-dated, awkwardly formatted, difficult to read and understand, and lacking in a comprehensive approach to development standards and design guidelines. A copy of staff's recommended ordinance is also attached in the Planning Commission staff report. Staff's version of the Ordinance was discussed in detail with the applicant pdor to the Planning Commission meeting. On September 13, 1995, the Planning Commission conducted a public headng and voted unanimously to recommend City Council adoption of staff's version of the Ordinance. In addition, they voted 2 to 2 with one (1) abstention to make a number of minor changes to the Ordinance. Staff supports two (2) of the four (4) recommended Planning Commission changes. (Continued next page) RECOMMENDED ACTION: City Council 1) support and introduce staff's version of the revised Airport Industrial Park Planned Development Ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Introduce applicant's proposed ordinance 2. Direct staff to conduct additional research and make additional changes to the Ordinance Appropriation Requested: N/A Citizen Advised: Applicant, Gary Akerstrom/Redwood Business Park of Ukiah Requested by: Gary Akerstrom/Redwood Business Park of Ukiah Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager; Bob Sawyer, Planning Director; and David Rapport, City Attomey Attachments: . 2. 3. 4. Planning Commission Staff Report, dated September 7, 1995. Planning Commission minutes, September 13, 1995. Planning Commission recommended version of the AlP PD Ordinance. Letter received from Philip Ashiku, dated September 26, 1995. APPROVED: Candace Horsley, City Manager The Planning Commission is recommending the following modifications to staff's version of the Ordinance: It Page 6 and 7: Make child day-care facilities an allowed rather than a permitted use in the professional Office and Retail Commercial designated areas. Staff Response: This change would result in the requirement for a Site Development Permit rather than a Use Permit to establish a child day-care facility in these designated areas. Staff recommends this proposed change. . Page 6 and 7: Add Residential Housing as a permitted use in both the Professional office and Retail Commercial designated areas of the AlP. Staff Response: The Airport Industrial Park was created, and has always been regarded as an Industrial Park. The only land available for future development in the Professional Office and Retail Commercial designated areas is the +10 acres between WalMart and the Friedman Bros. site (Retail Commercial), and the 6 acres situated at the southwest comer of Talmage Road and Airport Park Boulevard. Because of the existing development surrounding these vacant areas, as well as development constraints, such as the close proximity to the airport, it is staff's opinion that residential development is inappropriate. Additionally, the recently certified EIR for the AlP did not consider residential development as an assumed land use with in the AlP. This change would necessitate additional environmental review. Staff does not recommend this change. . Page 6: Delete the examples of Retail Stores in item D (1)(a), and change the heading to Retail Commercial Stores. Staff Response: The examples listed are a carry over from the existing Ordinance. They pertain to the original intent of allowing only those commercial uses that were supportive or directly related to industrial land uses. The change reflects the current intent of the Ordinance. Staff recommends this change. 4. Page 8: Delete the last sentence under Item No. 2. Staff Response: This change is necessary if residential housing is established as a permitted use in the Professional Office and Retail Commercial designated areas. Staff does not support residential housing in the AlP and does not recommend this change to the Ordinance. CITY OF UKIAH PLANNING REPORT DATE: September 7, 1995 TO: City of Ukiah Planning Commission FROM: City of Ukiah Planning Department SUBJECT: Airport Industrial Park Planned Development Ordinance Amendments PROJECT SUMMARY: The Planned Development Ordinance for the Airport Industrial Park is the adopted zoning that regulations growth and development within this 138 acre area. It is a zoning tool that is intended to coordinate and ensure compatible commercial, industrial and office development. Mr. Gary Akerstrom, Agent for the Redwood Business Park of Ukiah is proposing to amend this Ordinance and its associated Land Use Map. A detailed description of the proposed language changes is provided in the Project Description below, and is illustrated in attachment's No. 1 and 2. In addition, staff is initiating amendments to the AlP PD Ordinance. In reviewing the existing Ordinance and the applicants requested changes, staff determined that it was out-dated, awkwardly formatted, difficult to read and understand, and lacking in a comprehensive approach to development standards and design guidelines. A copy of staff's recommended ordinance is provided as attachment No. 3. PROJECT LOCATION: The Airport Industrial Park (ALP) is located in the southem part of the City of Ukiah. It is approximately 1,350 feet wide at its northern end tapedng to a point where the railroad tracks and Highway 101 intersect about 6,500 feet south of Talmage Road. It is bounded by the Califomia Northern Railroad to the west, Highway 101 to the east, and Talmage Road on the north. DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend APPROVAL of the Staff initiated changes to the Airport Industrial Park Planned Development Ordinance to the City Council on the grounds that it is compatible with the City General Plan; would provide for orderly and responsible growth and development; and is consistent with the purpose and intent of the Planned Development District regulations contained in Chapter 2, Article 14 of the Ukiah Municipal Code (attachment #4). ENVIRONMENTAL DOCUMENTATION: The City of Ukiah as Lead Agency certified an Environmental Impact Report for the proposed Planned Development Ordinance Amendments and buildout of the Airport Industrial Park according to specific development assumptions and projections. Staff's proposed Ordinance amendments do not invalidate the certified EIR, because they do not increase buildout projections or substantially change buildout assumptions. Additionally, staff's proposed amendments do not introduce new environmental impacts not anticipated or evaluated in the EIR. GENERAL PLAN DESIGNATION: Industrial and Commercial-Industrial Mix ZONING DISTRICT: PD (Airport Industrial Park Planned Development) PROJECT DESCRIPTION: The applicant's proposed amendments to the Airport Industrial Park Planned Development Ordinance include changing all land uses that are currently designated as "conditional" to "allowed" (formally called "Principal") uses. This includes the uses currently termed as "Services," "Public Facilities," "Retail Stores," and "Communication Installations." There would only be one class of uses: those allowed within the Airport Industrial Park per the designated zones on the Planned Development Land Use Map. There would no longer be any "conditional" uses. Future projects within the Airport Industrial Park would require a Site Development Permit from the City Planning Commission. Additionally, uses allowed in one designated zone would be allowed in a differently designated zone with City approval of a Use Permit. Additional minor language changes are also proposed (see attachment No's. 1 and 2). Staff Initiated Amendments: Staff is recommending that the Ordinance be reformatted into a document that is easy to read and understand. Additionally, we have concluded that the land use designation terminology needs to be revised, and that it be made clear which land use designations apply to which portions of the Airport Industrial Park. Also, that the allowed and permitted uses within each land use category be clearly described, and the development standards and design guidelines be revised to correlate stronger with the purpose of the Ordinance. Staff's recommended Ordinance would ensure orderly and responsible growth and development within the AlP. STAFF ANALYSIS: To assist the Planning Commission with discussing and formulating a recommendation to the City Council concerning the proposed amendments to the AlP Planned Development Ordinance, staff has prepared the following background information, and analysis of the proposed amendments: Backqround: In early 1981, the City Council approved a Specific Plan for the Airport Industrial Park. In March of that same year, they approved a Use Permit for the AlP Planned Development, and shortly thereafter the property was annexed into the City. A number of amendments to the Use Permit Planned Development have occurred since that time. Procedurally, the Use Permit "Planned Development" was appropriately converted into Ordinance form in 1993 (history of the AlP included as attachment #5). In June of this year, the City Council conceptually adopted the Ukiah Valley General Plan. As a part of that action, they designated the Airport Industrial Park as a Master Plan Area. After considerable discussion, the Council concluded that while the General Plan is the "constitution" for growth and development in the planning area, the Planned Development (PD) Zoning Ordinance is the appropriate mechanism for establishing detailed regulations, and that it should be the tool for guiding and directing development within the AlP. Analysis of Existinq Ordinance: The current Ordinance for the AlP contains the structure and format of the original 1981 document. In staff's opinion, it is difficult to read and understand, and contains vague language that is open to interpretation. Additionally, it is staff's opinion, based upon the broad discussions conceming the property dudng the Wal-Mart Site Development Permit process, General Plan revision program, and the Friedman Brothers Hardware Use Permit process, that the land use mix within AlP needs to be more cleady stated, and modified to limit the opportunities for large scale commercial retail development. Moreover, that the regulations need to truly "Master Plan" the area, rather than allow a disjointed case-by-case development pattem to evolve. While many of the applicant's proposed amendments would cladfy existing language, staff believes that the existing Ordinance needs major revisions in both format and content. These changes are discussed in the following analysis of both the applicant's proposed amendments, as well as staff's proposed modifications to the Ordinance. Analysis of Proposed Amendments: The applicant is proposing a number of amendments to the existing Ordinance. The following list of proposed amendments is numbered to correspond with the list of applicant proposed amendments described on page 7 and 8 of the AlP (Redwood Business park) Environmental Impact Report (see attachment No. 5). Proposed Amendment #1: The applicant's proposed amendments would eliminate the requirement for a Use Permit for all listed uses within each land use category. There would only be one class of uses: those allowed within the AlP per the designated land use categories. Future projects would require a Site Development Permit. The changes would also allow any use to be considered in any land use category with the secudng of a Use Permit. For example, a large commercial retail facility could be established on industrially designated property with a Use Permit. Staff Response: Staff believes that the text of the Ordinance describing the Land Use categories should be clear, and revised to reflect and coordinate with the Land Use Map. Additionally, there should be uses within each land use category that can be established with a Site Development Permit or Use Permit, depending upon its nature and intensity. Staff's version of the Ordinance clearly describes the areas captured by each land use category, and lists both the "allowed" (Site Development Permit) and "permitted" (Use Permit) uses within each category. Additionally, staff concludes that certain uses should be excluded from certain land use categories. For example, there should be no opportunity for large retail commercial facilities within any designation other than the Retail Commercial category. Proposed Amendment #2: The applicant is proposing to change the "Office Commercial" designation to "Office Commercial and Commercial," thereby allowing all office and commercial uses to occur in this category. Staff Response: Staff believes that the proposed land use designation term is confusing and too broad. Staff is proposing that the term "Professional Office" be used. Staff believes further that there should be opportunity for some commercial land uses within this category, provided that they are related to the professional office land use. These "permitted" uses would require the securing of a Use Permit. Proposed Amendment #3: The applicant is proposing to change the "Highway Oriented Commercial" land use designation term to "Highway Oriented Commercial and Commercial." The intent is to redesignate the Wal-Mart site to commercial, and to provide commercial retail opportunities for the adjoining small parcel to the north. Staff Response: Staff believes that the proposed land use designation term is confusing and too broad. We suggest that the Wal-Mart site and the property to the south extending to the southern property line of the Friedman Brothers Hardware project be designated for what it is: "Retail Commercial." The "Highway Odented Commercial" land use designation should apply solely to the small parcel adjacent and north of the Wal-Mart property. Staff does not agree that retail commercial is an appropriate use for this small parcel. Proposed Amendment #4: The applicants is requesting that food preparation and restaurants be allowed in all commercial designated property. Staff Response: Staff believes that the ordinance should provide the opportunity for restaurants in all land use categories to serve employees of businesses within the AlP, as well as its patrons. We suggest that in all instances, a Use Permit should be required, except in the "Highway Oriented Commercial," where a Site Development Permit would have to be secured. We also recommend that no drive-thru restaurants be permitted, because they encourage and support automobile use, which could produce additional traffic congestion and increase air pollution. Proposed Amendment #5: The applicant is proposing to change the land use designation term, "Industrial/Commercial" to "Industrial and Commercial." This is merely a word change and does not reflect what land uses would be allowed. Staff Response: Staff is recommending that industrial be termed "Industrial" and Commercial be termed "Retail Commercial" to reflect what is intended within the category. However, as indicated above, staff is recommending that opportunities for related and supporting land uses be provided within each category with the securing of Use Permits. Proposed Amendment #6: The applicant is requesting that lots F11 and G1 of the Redwood Business Park Subdivision Map be redesignated from "Industrial" to "Industrial and Commercial." Staff Response: Staff does not support this change. We recommend that these lots be designated "1 ndustrial." Proposed Amendment #7: The applicant is recommending a number of other minor changes that do not substantially affect land use or design. Staff Response: Staff agrees with some of these requests and disagrees with others. Staff's recommendation is illustrated in our proposed Ordinance. A number of changes to the development standards and design guidelines are proposed that will provide more guidance to developers, more discretionary authority for the Planning Commission, and a higher quality of design and function. Additionally, staff is recommending that the design guidelines be modified to allow for an evolving "architectural theme" that will avoid both monotony and disjointed eclecticism. CONCLUSIONS: The agent for the Redwood Business park of Ukiah has proposed a number of substantial changes to the Airport Industrial Park (ALP) Planned Development Ordinance to better reflect the "original intent of the regulations." Staff is able to conclude that it is more appropriate to evaluate where the AlP is today, establish a vision for its future, and adopt a zoning tool that will allow the vision to evolve. We strongly believe that the format and structure of the AlP Planned Development Ordinance needs to be revised so that it can be more easily read and understood, and that land uses be clearly defined in the text and appropriately illustrated on the Land Use Map. Staff acknowledges and supports the odginal intent for an "Industrial Park," but also understands that land market conditions dictate, to some degree, development pattems. In this light, it is understandable why the applicant desires the freedom to pursue commercial development throughout the AlP. However, we believe that the majority of land within the park should be designated for industrial type development, and that opportunity should be provided for commercial land uses that are clearly related and supportive to the land uses within each particular category. Additionally, we are able to conclude that the development standards and design guidelines should be "modemized," and crafted in a way that provides developers with clear direction, and that will result in an aesthetically pleasing development along the Highway 101 corridor. ATrACHMENTS: , . Applicant's letter describing proposed amendments Adopted Airport Industrial Park Planned Development Ordinance and applicant's proposed amendments Staff's recommended Airport Industrial Park Planned Development Ordinance Chapter 2, Article 14, Ukiah Municipal Code. History of AlP Use Permit/Ordinance ACKNOWLEDGEMENTS: The following personnel prepared and reviewed this Planning Report, respectively: Charles Stump, Senior Planner Bob Sawyer, Planning Director ATTACHMENT #1 Applicant's Letter Describing Proposed Amendments Redwood Business Park 425 Talmage Road . Ukiah, Calitornia 95482 · (707) 462-1961 March 21, 1994 Mr. Robert Sawyer Principal Planner City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Mr. Sawyer: Enclosed is a copy of our latest (3/21/94) Development Plan Amendment for the Airport Industrial Park. If you have any questions, please feel free to contact me. GLA: bs encl. 3/21/94 Airport Industrial Park Plan'ned Development Development Plan Amendment The specific uses allowed within the Planned Development designated as Airport Industrial Park shall be as herein defined for those areas of the industrial-office-commercial complex delineated on the Land Use Map included herein. A. USES 1, Allowed Uses The following uses shall be allowed if performed or carried on enfirelv within aa -" enclosed building or structure. Outdoor operations, uses or storage, shall be allowed if appropriately screened or mitigated. a. Industrial: i. Manufacturing - activities or operations involving the processing, assembling, blending, packaging, compounding,' or fabrication of previously prepared materials or substances into new products. ii. Warehouse and Distribution Activities - includes warehousing, storage and distribution activities associated with manufacturing, wholesaling, or business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and break- down of freight; or other similar use involving shipping, warehousing, and distribution activities. iii. Wholesaling and Related Uses -establishments engaged in wholesale trade or retail 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 To ivo other wholesalers; Contractor's or business offices for building, plumbing, electrical, roofing, heating, air cor~ditioning, and painting businesses, including be storage of incidental equipment and supplies. Commercial: Business Support Services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, mailing services, industrial laundries and dry cleaning plants, medical labs, pest control, employment services, commercial testing ii. laboratories, answering services, research and development laborato- ries, computer and data processing, and sign painting. Repair Services - includes repair services such as radio and television, furniture, sewer and septic tank cleaning, automotive repair, body and fender shops. III. Services -- includes services such as branch banks, savings and loan, credit unions, health spas, barber and beauty shops, photographic studios, shoe repair, food preparation, restaurants, and similar iV. activities. Public Facilities - includes all public and quasi-public facilities such as Ve utility substations, post office, fire station, and government offices. Retail Stores - includes lumber yards, paint stores, building materials and supplies, hardware and' variety stores, automobiles, automotive parts and accessories, plumbing and heating supplies, garden materials, foodstuffs, groceries, and other general retail stores. e Ce de ee vi. Communication Installations -- including radio and television stations, telegraph and telephone offices, cable T.V., and micro-wave transmit- ting stations. Office: Professional and Business Offices such as accountants, engineers, architects, landscape architects, surveyors, attorneys, advertising, consultants, bookkeeping, insurance brokers, real estate sales, medical and dental offices, and other similar activities. Highway Oriented: Businesses such as motels, restaurants and service stations that provide services primarily to highway travelers. Other Uses: i. Agricultural - allowed as a continuation of the existing land use, including all necessary structures and appurtenances. ii. Accessory Uses - activities such as administrative offices and warehouses which are related and incidental to the Allowed Uses delineated above are allowed in any area. Permitted Uses ,, Those uses delineated as "Allowed Uses" .and othe~ uses not specifically prohibited herein may be permitted in other classification areas identified on the Land Use Map subject to the approval of a Use Permit by the Planning Commission. Nuisances No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the following performance criteria outlined below. Additional performance standards concerning noxious and offensive odors, emissions, and noises; and the use of toxic materials and substances may be adopted as necessary. a. Ali activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and C. de h. explosion by adequate fire-fighting and fire-suppression equipment and devices standard in industry. All incineration is prohibited. 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. 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 the Planning Commission. Standards prescribed in the Noise Ordinance shall be the criteria for determination. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. No emissions shall be permitted at any point, from any chimney or otherwise, of visible smoke. No emissions shall be permitted of odorous gases or other odorous matter. No emission shall be permitted which causes any damage to health, to animals, vegetation or other form of property, or which causes soiling, at or beyond the property line of a property where the emission is produced. No direct or reflect glare, whether produced by flood light, high temperature processes, Such as combustion or welding or other processes~ so as to visible beyond any boundary line of the property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that said sky- reflected glare will nct inconvenience or annoy persons or interfere with the use and enjoyment of property in or about the area where it occurs. a. 4. 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 are specifically prohibited dt~e to the deleterious features inherent in their operations or the detrimental effect the use may have upon the general appearance of adjacent parcels within the industrial park and surrounding neighborhoods. Except for existing occupied houses, no residential use shall be permitted. DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistence in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the overall site and "-~vould be the responsibility of property owners. Development standards not addressed herein shall be those specified in the City of Ukiah Zoning Code. 1. e . 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 or access easement to a public street (Table 4- 1). The Planning Commission may approve a lesser frontage than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum lot coveraqe No more than 45 percent of the lot shall be covered by a building or structure. Parking lots shall not be included in the calculation of lot coverage. Minimum Buiidinq 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 25 foot setback adjacent to the freeway in addition to any other required setbacks. e Maximum Building Heiqht The maximum height of any building or structure shall be 50 feet. Mechanical penthouses and equipment may extend an additional 10 feet beyond the maximum building height. ° Minimum Landscaping Requirements Fifteen percent (15%) of the entire lot area shall be appropriately landscaped in accordance with an adopted landscaping plan. Sixty percent {60%) of the required front setback between driveways and the setback along the freeway shall be appropriately landscaped with an effective combination of street trees, ground cover, and shrubbery. A reduction of the landscaping requirements for the front setback at no less than 40% for lots abutting U.S. Highway 101 may be approved by the Planning Director for lots with depths greater than 180 feet. Landscaping in front setback areas shall be maintained along the street property line and between driveways and wall(ways, parking areas and the building facade. Screeninq 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 to a height of not to exceed 12 feet. 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. 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 west side of the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewall( may be located over the public utility easemen(. 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 Primary Secondary Access Easement To Lot Right-of-Way Pavement 66 feet 44 feet 64 feet 40 feet a. travel lanes {2) at 14 feet 20 feet b. left turn lane Curbs (both sides) (2) at 12feet Cul-de-sac (turn-arounds) 10 feet 1 foot 1 foot 100 feet diameter 25 feet 25 feet 12.5 feet 10. Minimum Parkinq and Loadinq Requirements No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-stree~ loading spaces shall be provided to meet the needs of the anticipated use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. 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 master plan for an entire block has been prepared, that is in keeping with the general inteht of this Planned Development. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles~(~e minimum number of off-street parking spaces shall be provided according to the Parking Requirements of the City of Ukiah Z.3ning Code.. 11. Si~na(~e Building identification signs shall comply with the sign regulations for commercial and industrial zones according to the General Sign Regulations of the City of Ukiah Code. "DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a site development permit to ensure the coordination and consistency of development. A master plan of appropriate plant materials, an integrated system of colors and building materials, and a program of uniform graphics for Iocational and informational signs shall be developed and approved by the Planning Commission prior to initial construction. 1. Landscapinq and Open Space a. Existing trees should be retained whenever possible. b. Landscaping at corners should be arranged to maintain traffic visibility. c. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. d. Landscaping should be employed to screen parking lots, loading docks, and storage areas. e. The arrangement of individual open spaces should be coordinated with the location and arrangement of buildings and open spaces on adjacent lots to achieve a unified appearance. D. 2. Orientation and Location of Buildinqs a. The location of buildings should be coordinated with other buildings and open space on adjacent lots. b. Buildings-should be sited to preserve solar access opportunities. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be sited to provide open views of the site and surrounding environment. 3. . Buildinq Exteriors .. a. Colors and building matefrials shall be coordinated with the Master Plan. b. Exterior walls of archite~:tural metal shall be allowed where it is compatible with the overall appearance and character of the industrial park. Siqnaae a. Entrance signs shall be provided to identif7 the industrial park. SITE DEVELOPMENT PERMIT A. Site Development Permit shall be approved by the Planning Commission for all new construction or exterior modifications to existing structures within the Industrial Park. The application procedure shall be that prescribed in the Zoning Code. ATTACHMENT #2 Adopted Airport Industrial Park Planned Development Ordinance and Applicant's Proposed Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 929 .. Airport Industrial Park . . Planned uevelopment Ordinance Amendment Proposed by Gary Akerstrom No chanqes to Sections 1-8 Section Nine USES 1. A, ,,~, .... ,~, .... ; ..... h.'~,;,..,., ~, .. .... ; .. The folio g "'-'""~*"~' '---.-' ....... ~' .................. ~, .................. ~ win ........................... ~,, uses shall be .... "'"'"' ~t1~ if performed or carded on ........ z within an enclosed I..~q.~ ' ~ ~ ~ ~ I.t~.~u :':':':':';':':.:.:.:-:.:.:.:.:.;.:.:.: f~r~'l'; rv%l building or structure. Outdoor operations, uses, or storage ...... '~ ~'"~"~"~'~ ~11 ' by ...... ,,~,,.,,,..,., may be allowed, --,,~,;~,~,~ ,,-, ,~,,. D,,.,.,,;,.,., r,,.,.,,,.,.;,.,.~,.,. · .,,.,,,.,j,.,,.,, ,,., rCVICW , ..... ,., ....... ~ ......... ,.,,.,,,.,,,, :.:,;.;.,..:,:,:,:.;,;.;, .................................................. · .................................................................................................... , ..... USCG crc "" ..... ,~ · ,F,,.,.,., ~k,J~.~,=Tl~:~ll~.,E. LbU ~,~ll Lllb %m41k;II%.;IT~LII#..~,.;~kl I..%,,l. ll~k~ l~=;U~.j I lUll~ iI~II~UlLI~II~I, ~ll~/llb~ {.~q~ ~ %-~%.~Ii[IlIJ~IJ.~LIUII VI tllb ~.~AIq~.~LIIl~J IJ~ll~lU~.~l III~.~IUT~Iiii~ "'" ,qocoo$~r/"'*"'"'* ....... ~ ..... "* ..... ~," h A~,,~r,, I I~. A~f;~,;f;~ r.,,~l~ ~. ~l~;r~l~fr~f;,,~ ~;~ ~1 · ~.~Ugll J.~u [,~.UIIIIIII~.~LI~,,4LIVb %.~111~,,l~.,~q~.7 %.,4,11~.,i II[,~lbl I~.~U~...~..~.,,~ ~,,h;,~h ,',r,'~ r,",l~l',-,,-I ,',n,'l ;n,'~;,~l,~nl-,-H t-,'~ ' ¥III1~.~11 K..dLIb I%,.~1~.,~L%..~,i T...4.11~l IIl~,.~l~.d%.,~llL[~,~i L~,/ ~ I"'~l"ll"~'~fll II~q~'% I,ql,~,l,~-~¥-~.~.#,~l,.~ ~"~'~,l~'"~tll' Industrial: i. Manufacturing - activities or operations involving eP, ty the processing, assembling, blending, packaging, compounding, or fabrication of previously prepared materials or substances into new 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 products. ii. Warehouse and Distribution Activities -includes warehousingli and storage '-'-* .... ~'"~'"" *"' *~ ....... ' '""~'~ ........ ~' .... ~"" and distribution activities associated with manufacturing, wholesaling, or business uses; deliveq/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. iii. Wholesaling and Related Uses - establishments engaged in wholesale trade or retail 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 i~ other wholesalers; iv. Contractor's ................................................ ~,,,,--' .... O.t...i~i~l]SJ~S offices - ,.,,,., ...... ,.,,'-"'~""',,,,,., for building, :,:,:,;.;.:.;.:.:,:,:.:,;,:,;~:.:.:.;,:.:,:,:,:,:.:,:.:.:,: plumbing, electrical, roofing, heating, air conditioning, and painting contractors ~i~!~i~, including sto~:age of incidental equipment and supplies. Commercial i. Business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, mailing services, industrial laundries and dry cleaning plants, medical labs, pest control, employment services, commercial testing laboratories, answering services, research and development laboratories, computer and data processing, and sign 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 painting. ii. Repair Services - includes repair services such as radio and television, fumiture, sewer and septic tank cleaning automotive repair, body and fender shops. ':':':':':' :':".".':' :':':". ' '.':' '. ':': :':':':':':': :':'::::: :':':':':::::: :': ~::: :':::::: :':: :".: :':':':: :':':': ~:.::::::::::::::::::::::::::::::::::::::::::.:.:.:.:.~::~:+:.::::::::::::::::::::::::::::::::::::::::::::::::::::::: .:.:-:.:.'..::: ::+:.1 .:...:...:...:......:.:.-.:.~:.:.....:.~,: .....:.....:.....:.:...: ~,:...,~.×.:........:.:. ·;~+:.:~:+~:~:+~.H~:~:~:~;~:.~:~:~;.;~;+:.?:~:~;+:.~:~:~;~:~:~;~;~:+:.:~ !~U': blJ"~".!JI~l]~lllli~'.~!J~iJ:~'~'.'~"l~': ~'-~J!~lt! .~..:~ll"~'.JJ~J~i!~.~..qu~l~'.~..~.U:' ~h~J~Ihl~: :':':':'"': :'":':': ?"':'""~': ":'"":'":':":':':' :':"':'"': '":'"" :"'"?'"'"'"' "'"'"'"" '" ~ ""' " '" '"'"' "' ' "'"' "" '"" '"" * ' "" '" " "' '~'""" '""'" "~'~'"'"'""'""'"'""'"~"~'.h" ' ' ;"; : ;;; ;:; :~;~.~::;~:+:~:+~:~+::'~+~.~.;+~+:+~+:.;+~;+~;+~.:+~+;+;..;.~+~';~;+;+~+:~:.:~:+;+;~+:+;+~+;~:~:~.:+~+~+:.~+:~;.+~+~+~+~+:~;+:'~;.~.: .......... :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ;';+;+:':':':·:';';':':':+:':':':': :';':; :':';':';';': :':':: :".':-:':';': .':': .';'; :':':':':':':':.; ·; :+:': :.:.;.:-: :.;.:.:.:.:.; ;.;.:.:.~+:.~.:; ;.?;.:.:-:.::;+::: :;:.:;:.:.;+;.:.::;.:-;;:....;;;::.:.:.;::+ :.'.-:.:::.:..-:.:+; .:;:;.>:+:+;+::?:+;+?;d>;+;+;¥>:::+'+:.: · ;.;.?:.;.;.;.:+;+:.;.:.;.; z.:.: ].;·: ;.: ~ ;.;.; :...:.;.;.;.;.:.:.:.:.:.:.~ ;.:.:+:.;.;; +'..: '..:+;.:.:.: :.:.; ;.:.;+:+:.'..: :.;.:.: :.z :.:-:+:.:;..: ;:. :.:;~.:.:+:.:.;.;.:.; +:+ ;;;.:.;;... :¥ :+;+:.:.:+:.:::+].:;:.:.;;:.'..z.:+:.;+:·. · .:.;+:+:+:.:+;+:.; :*:-: :.:.:*:*;-:*:.: :.:*:*:.:-: :.:*; ,.:: :.: :,;.: ;*;-:-:*.,. :4 :.:.:*; .*;*: :*:*::: :*:-:.:.:.:.:*:*:*:: :.:,:.:.:::,:,:.:.: ====================================:.:.:.:.:,:, :::,:.::;.:.::;.:.:;,.:::::+:::..,:.;.:.:.:.:::.:.::;;:::::::::::::::::::::::: Office Oommerclal' professional and business offices such as accountants, engineers, architects, landscape architects, surveyors, attomeys, advertising, consultants, bookkeeping, ~i~!~!ii?~iiii~i~!i.i.~!i~, and other similar activities. Highway Odentedii r, ...... ;.., ,,,,,., ~ ..... , r, ...... VVIIIIIIVI~,,;I~4,1 [,J, II~,J %,,4~/lllk, JI[~,l V~,;lllllll~,;ll~ll,~! ' Businesses such as motels, restaurants, service stations, '-'-'~ ....... ;'-~ rete, il stores that provide services ~,":,d merchandise pdmarJly to highway 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 leT./II. I11 I lll.~l lVlI.,L.)" I ~ I gal I-i IL.~ L.~L,.L~,ll.1%,.S%Jllllllt. slT.~Wl,.S I.,SllVt,.s gal I,i Ii%.s ,~)T,,/Ut.i iI LA, gig Uses '*.,)~,~i Vl~,J~u~ll IIl~/lI, J%J%.~,~.) ,~11.,/i VI%./T~,q.) q,)U%JII I..Lq./ Ull.,t. llVll Ul.4,111%~1! I,.&il~,.J lULl. ilI iJ~,-~L.i.T.,IL,dY gll'L/J./gI }JIIT./LI,,,~:~IL,I.~./liI%~ q,,,;LUT,,,ll%.h*.,~! ,~.,lilTJ~,,.~ I%.~J~.~L,4,11! III%.~,,.JI~,JL.~I L,,LIIT,,i %J~.~IILL,4.I · I IL,slLL.,Lll VLtJIL)U IIItdlUU~U IUIIIUL.Si sVL.LI%J~..~i ~/L4111L '~ILt, JIL,,s~,.,11 UUIlUlll'~ lilL.4LLSlIL.,LIg gUJJ~ll~,./gI llJ,.4,1%.lV,t.,I. IW~./ I~1.111~4 Vi,.,t, ilT~./L.y gLIJIt,.~.)I I.,J. UL%./III%./ILIV~.,/ I, JI,.,I, IL~J I,.dl, ll~,.i Nuisances No lot shall be used in such a manner as to create a nuisance to adjacent parcels. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Proposed uses shall comply with the ~-'" .... ;,',,', .......... s performance cdteda outlined below. Additional performance standards conceming noxious and offensive odors, emissions, and noises; and the use of toxic materials and substances may be adopted as necessary. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the 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 the Planning Commission. Standards prescribed in the Noise Ordinance shall be the criteria for determination. d. No vibration shall be permitted so as to cause a noticeable tremor beyond the property line. ~LII~IIII~I ~I VI~I~I~ ~lll~l~& , ~u~ ~I I~ V~l i I~ LU i i~iLi iI tv 11~ Vliii~iVll ~Ii~ii U~ ~IIIIILL~U IIIIIVll ~IIIIII~I~I v~t~tlVll ~I VLIIVl I~IIIi ~I ~I~I~I Vl IIIIIVll ~~ ~VliiiI~i ~t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Bm m h. No '~'""* ....~'""*"'~ ~i~ifl:~it. gl by ligh .............. ,,..,., are, whether produced flood t, .;,;,:.:., ..:,:,:.;,;.:.:.:.:,;,:,:,;,;.:.;,;,:, high temperature processes, such as combustion or welding or other processes, so as to be visible beyond any boundary line of the property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in or about the area where it occurs. 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 are specifically prohibited due to the detrimental effect the use may have upon the general appearance of adjacent parcels within the industrial park and surrounding neighborhood. Except for existing occupied houses, no residential use shall be permitted. 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 overall site, and would be the responsibility of property owners. 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 or access easement to a public street (Table 4-1 ). The Planning Commission may approve a lesser frontage "-',,., ,.," m,n,mum~ ',,,'~ ~ 100 feet for lots located on cul-de-sacs, street curves, or having other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 , ,, . , extraordinary characteristics. Maximum Lot Coverage No more than 45 percent of the lot shall be covered by a building or structure. Parking lots shall not be included in the calculation of lot coverage. Minimum Buildinq 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 25 foot setback adjacent to the freeway in addition to any other required setbacks. 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. Minimum Landscaping Requirements Fifteen percent (15%) of the entire lot area shall be appropriately landscaped in accordance with an adopted landscaping plan. Sixty percent (60%) of the required from setback between driveways and the setback along the freeway shall be appropriately landscaped with an effective combination of street trees, ground cover, and shrubbery A --"~'"'*;-"- -,~ *~,,- · .,.,,~,...,i. ,,., .,,. ~..,,.,. ,~,,-,,. ,~,~o/ ~,.,,. ~,.,,...~,,.;,,,. ~ o u;,.,~, ...... 191 m~' ~'"' c, ppro;'cd h~, th,-, DI-'~nn;r~,',. r'~;r,-~,-.fnr ~,',r I,"-.f~ ~.,;fh ,.'4.,-~r~fl~,~ ,'~r,'~,'~f,'~r fl~.'~r~ "10(~ '~,'~,"~f I ,'~r~,',l,',,'~r~;..~,~ · u~{ll~.~,.~ll uiiv~,~li~l~j..~%.~ [~.llU Screening Storage areas, loading docks and ramps, transformers, storage tanks, refuse collection areas, mechanical equipment, and oiher appudenant items of poor visual 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 , . 10. . . . quality shall be screened by the use of masonry walls, landscaping materials, or decorative fencing i~i!ii~i;i~~i~i~ii!i~~!~!?~ii~i!~i~i?~i~.~iiii~i~iii~i~. 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. 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 west side of the pdmary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Street Width Standards The following street standards have been established by the Ukiah Department of Public Works. All pdmary and secondary streets shall be designed and constructed in accordance with these standards: Table 4-1: Minimum Street Standards Pdmary Secondary Access Easement To lot Right-of-way Pavement a. travel lanes (2) ~ (2) ~ b. left turn lane Curbs (both sides) Cul-de-sac (turn-arounds) 66 feet 44 feet 64 feet 40 feet 14 feet 20 feet 12 feet -1-2 i~ feet 1 foot 1 foot 100 feet diameter ,3~ ~ feet ,30 ~ feet -1-6 .~i~i~ feet Minimum Parkinq and Loadinq Requirements No loading or unloading shall be permitted on the street in front of the building. A 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 11. C. sufficient number of off-street loading spaces shall be provided to meet the needs of the provided use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. 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 master plan for an entire block has been prepared that is in keeping with the general intent of this .... ;';~' '""" D~:~li~filtilPl~.-:. t..]~,.~.~.,~lll~.~ ~.~1~.,~11 :~:~:~:`:`~;~;~:~:~:~:~;~:~:~:~:~:~:~:~:~:~:~;~:~:~:~:~;~:~:~: 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 be provided according to o,-.,.,;,.., ,-, ~ no ^ .,;,.,,. !° t~::i!~t~i~i~i~i~[~ t,-·~.~.~.l~,~! I ~ I ~..~,.~! · ~11 LI~.~,I,~ ~ ';':':':':':':':::.:.:;,:,;.;.::.:-;,;.:.:-:,:...':::':::::';';:;';.::':';:;':':::':.:::-.....-.....-.-.......-.......- of the City of Ukiah Zoning Code. Si.~na_qe Building identification signs shall comply with the sign regulations for commercial and industrial zones in o..,,.,.,,.,., o,~-~ ^.,~,.~...~ ~,dih:~i[~iit~ ig ............ , ......... general s n regulations of the ;.:.: ......... ;...:.:.;.;.:..:....,..;.:.:.:.:.:.:.:.:.:.:.:.:.: City of Ukiah Code. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a site development permit to ensure the coordination and consistency of development. A master plan of appropriate plant materials, an integrated system of colors and building materials, and a program of uniform graphics for Iocational and informational signs shall be developed and approved by the Planning Commission prior to initial construction. 1. Landscapin.q and Open Space a. Existing trees should be retained whenever possible. I-~ Tr,.~,-,,-- ~h~, .I,..,I I~,..~ ,-~ fh,..~ ,-, ,-., r~.~ ,-, ; · Landscaping at corners should be arranged to maintain traffic visibili~. 9 '1' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Bi Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. ~.!i Landscaping should be employed to screen parking lots. loading docks, and storage areas. The arrangement of individual open spaces should be coordinated with the location and arrangement of buildings and open spaces on adjacent lots to achieve a unified appearance. 2. Orientation and Location of Buildings a. The location of buildings should be coordinated with other buildings and open space on adjacent lots. b. Buildings should be sited to preserve solar access opportunities. c. Buildings should be oriented to minimize heating and cooling costs. d. Buildings should be sited to provide open views of the site and surrounding environment. 3. Buildinq Exteriors a. Colors and building materials shall be .... ,~;,,.,,.-,,~ %=~v%.~1 Ull IJ.J.L~..~U VII LI ILl I~..~ lVl[.~l.,i.~L~..~l I I~.l B, · ;'":':'":'"' :.:.'.: :.'. :.'.'.:.:~'.*.'.:.'.: · - 4..*....' .'...'. *..* .'..' ..... '..'..'..'..'.'..'.'.?.-.'...:.....-.-.......- ............... ........... ; ............ ). ........... .... ...... .................. consi~der..e~,,~n~,~e~ite,,Be~l~pmen~ an~.~ Use ~ermd~ .:.:.;; :. :.. :.: .:;: :: ................. :.;...;..:.;.:.:.;.:..;.:.:.;.:.:.:.:.:.:.;.:.;.:.:.:.:.:.:.:...:.:.:.:.:.:.:..:..; ...... :.. ~~~:~~~~~:~~~~~;~:~~-~~~~~:~~~:~:~:~:~~~:~~~:~:~~~~~~~:~~~~~~~:~:~;~:~~~~~~~~~:~:~;~~~~~~~~~~~:~:~~~:~~~~~~~~~~~:~~~~ b. Exterior walls of corrugated metal shall be .... "*"~ ~Jl~ where it is ~.~gi i I II&.L~,.~U :':-;-;.:*:.:.:.:.;.:.;.:.:.;-:.:.:.:.: compatible with the overall appearance and character of the industrial park. 4. Si.qna.ae a. Entrance signs shall be provided to identify the industrial park. SITE DEVELOPMENT PERMIT A Site Development Permit shall be approved by the Planning Commission for all new construction or exterior modifications to existing structures within the industrial park. The application procedure shall be that prescribed in,.,,.,.,,,,,,~"'"';'-", ,,,_,.,,.,n'"°n ,.,."* ,~,-,~.""'" of the Zoning Code. CS~STUDIESV~IP-APP3.AMD 10 ::. ...... ! ' ': ' I -oe*e e. 4 · .,Id, · ATTACHMENT #3 Staff's Recommended Airport Industrial Park Planned Development Ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. It changes the land use designation terminology using clearer more concise terms to more accurately characterize existing development, and provide well-defined land use categories for future development in the Airport Industrial Park. The changes to land use designations are as follows: 1) Office Commercial to Professional Offices; 2) Industrial/Commercial to Retail Commercial; 3) Highway Odented Commercial/General Commercial to Highway Oriented Commercial. No change to the Industrial designation term has been made. Section Two This ordinance also formally amends the Land Use Map that illustrates which land uses designations are assigned to the various properties throughout the Airport Industrial Park. The land use designations apply to the Airport Industrial Park in the following manner: 1. m Professional Office: Applies to the northeast portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately. 8 acres). Highway Commercial: Applies only to the northeastem portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 14.83 acres north of Commerce Drive, and approximately 22 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east approximately (approximately 36.83 acres). 4. Industrial: Applies to the remainder of the Airport Industrial Park (approximately 77.4 acres). Section Three 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 amended the ordinance to allow "General Commercial" in addition to the approved "Highway Odented Commercial" land uses in the area bounded by Talmage Road on the north, Highway 101 on the east, Commerce Ddve on the south, and Airport Park Boulevard on the west. Section Four 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. Section Five The Development Map (Generalized Land Use Map) for this Planned Development, as required by the Ukiah Municipal Code, and attached as Exhibit "A", is approved. Section Six Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Section Seven Amendment to this ordinance requires City Council action. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. Section Eiqht 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 Nine The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9167(b) and 9166, and as amended, are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the secudng 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 business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. ¢. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers; d. Contractor's offices - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. 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: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire station, and government offices. g. Repair Services - includes repair services such as radio and television, fumiture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.V., and micro- wave stations. PROFESSIONAL OFFICE DESIGNATION 1. 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, attomeys, advertising, consultants, bookkeeping, and other similar activities, except for medical and dental offices. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 C. D. 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. 2. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. HIGHWAY ORIENTED COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Oriented Commercial designation with the secudng of a Site Development Permit: a. Businesses such as motels, sit-down restaurants (no drive-thru restaurants), service stations, and other similar uses that provide services and merchandise primarily to highway travelers. 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 Stores - includes lumber yards, paint stores, building materials and supplies, hardware and variety stores, automotive parts and accessories, plumbing and heating supplies, garden 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Em . materials, bulk retail grocery items, and other general retail stores. Permitted Uses The following uses are permitted in the Retail Commercial designation with the secudng of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. NUISANCES No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance cdteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carded 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 the Planning Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B,, Standards prescribed in the Ukiah Municipal and/or City General Plan shall be the cdteria for determination. 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 requirement 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 Ukiah Municipal Code regulations. 4. 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 extemal 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. Except for existing occupied houses, no residential use shall be permitted. 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . m . Bi Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum Lot Covera,qe No more than 45 percent of the lot shall be covered by a building or structure. Parking lots and landscaping areas shall not be included in the calculation of lot coverage. 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 40 foot setback from the property line adjacent to the freeway. Structures shall be setback a minimum of 25 feet from the side property lines, and shall comply with emergency vehicle access requirements. Maximum Building Height The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Additionally, all development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria. 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ., 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. The maximum fence height shall be six (6) feet from finished grade. 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. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Bicycle lanes shall be provided on all streets according to the requirements of the Ukiah Municipal Code. Development Inteqration 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. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 , 3. 4. 5. 10. 11. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and site development and use permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. 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 Pdmary Secondary Access Easement Right-of-way 66 feet 44 feet Pavement 64 feet 40 feet a. travel lanes (2) 14 feet 20 feet b. left turn lane 12 feet 12 feet Curbs (both sides) 1 foot 1 foot Cul-de-sac (tum-arounds) 100 feet diameter Curb Returns Radius 35 feet 35 feet 32 feet 30 feet 15 feet 12. 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 tuming movements, consistent with the requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 13. ¢. No Talmage Road access shall be permitted for Parcel A1A. 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 Loading Requirements a. No loading or unloading shall be permitted on the street in front of the building. A sufficient number of off-street loading spaces shall be provided to meet the needs of the provided use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. b. The number of entrance/exit driveways shall be limited to one per every 100 feet of street frontage with a maximum curb cut of 40 feet. The Planning Commission may relax these standards when a comprehensive plan for an entire block has been prepared and presented to the City Planning Commission for review and approval. c. Adequate off-street parking shall be provided to accommodate the parking needs of employees, visitors, and company vehicles. The minimum number of off-street parking spaces shall generally be provided according to the requirements of the Ukiah Municipal Code. d. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case basis. Any deviation must be supported by findings related to a unique use, such as a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ow 14. Si_qnaqe Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. a. All proposed development projects shall include a detailed sign program. Proposed signage shall be reviewed on a case-by-case basis, and the Planning Commission may deviate from the provisions of the Ukiah Municipal Code to avoid an "over-cluttering" and dominance of signs. b. The intensity of proposed signage shall be generally consistent with the signage of surrounding developments, and shall stress simplicity in terms of color, message, and size. c. All signs visible from Highway 101 should be small and unobtrusive. d. Sign lighting shall be kept to a minimum, and shall not reflect onto nearby roadways or adjacent land uses. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscaping and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. c. A variety of tree species shall be used that provides diversity in form, texture, and color. d. Landscaping at corners should be arranged to maintain traffic visibility. 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 e. Landscaping along an entire street frontage should be coordinated to achieve a uniform appearance. f. Landscaping shall be used to screen parking lots, loading docks, and storage areas. g. Landscaping in parking lots shall include a variety of tree species that will provide sufficient shading in the summer. The majodty of parking lot trees shall be deciduous and fast growing. h. The exact number of parking lot trees shall depend upon the size of the parking facility, the type of land use, and the species of tree used. The Planning Director shall determine the appropriate number of trees for parking lots on a project-by-project basis. i. At a minimum, fifteen percent (15%) of the entire parcel shall be landscaped with planting materials. The Planning Commission may reduce this requirement if special circumstances applicable to the size or configuration of the property exists, or if unique circumstances associated with the use would preclude a fifteen percent (15%) landscaping coverage. j. Landscaping plans shall focus on native, drought tolerant plant species with vaded flowering patterns. k. Large turf/lawn areas shall be discouraged in the overall landscaping plan. I. All landscaping shall be propedy maintained. 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. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 m ,= ¢. 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. 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 corrugated metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. Li_qhtin_q a. A lighting plan shall be submitted for review and approval with all Site Development and Use Permit applications. 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, or adjacent properties. 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Dw 6. Desiqn 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. 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 Nine 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. b. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. d. Major modifications to approved Site Development Permits and Use Permits, as determined by the Planning Director, shall require the filing of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 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 Zoning Administrator's decision on minor modifications to an approved Site Development Permit or Use Permit is appealable directly to the City Council. The Planning Commission's decision on major modifications to an approved Site Development Permit or Use Permit is appealable to the City Council. Buildinq 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 approved by the Planning Commission for all extedor modifications to existing structures, site design, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in the Ukiah Municipal Code. 17 · · · · mmmlm Airport Industrial Park Land Use Map mmmm m~mm · · · ATTACHMENT #4 Chapter 2, Article 14, Ukiah Municipal Code §9165 CHAPTER 2 ZONING ARTICLE 1'4. REGULATIONS IN PLANNED DEVELOPMENT (PD) DISTRICT §9165 SECTION. §9165: §9166: §9167: Planned Development or PD Districts Uses Within a PD District Development Plans in PD Districts §9165: PLANNED DEVELOPMENT OR PD DISTRICTS: For purposes of this Article "Planned Development" means a tract of land absolved from conventional zoning to permit coordinated development under a common plan of compatible residential, commercial or industrial uses or any combination thereof. A Planned Development or PD District may be established in the City for any parcel or parcels of land of, at least, three (3) acres that can be developed as a planned development. The creation of PD Districts will allow the City to adopt individualized land use designations and regulations for'a planned development within any such district. (Ord. 915, § 1, adopted 1990) §9166: USES WITHIN A PD DISTRICT: Uses of land within a PD District must be consistent with the General Plan. for the City, including the land use designations and residential density limitations contained therein. The regulation within a PD District of the use of buildings, structures and land, location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, court and other open spaces the percentage of lot which may be occupied by a building or structure, the intensity of land use, requirements for off-street parking and loading, and setback lines, and the location of public spaces and grounds shall be contained in a development plan adopted pursuant to {}9167. (Ord. 915, {}2, adopted 1990) 9115 §9167 §9167: A. Be §9167 DEVELOPMENT PLANS IN PD DISTRICTS: The owner or owners of land within a PD District shall submit a proposed development plan for the development of all land located within the District. The City shall adopt a development plan for a PD District by' ordinance in accordance with the procedure provided in §§9260 - 9266 and the Planning and Zoning Law of the State of California (Government Code, Title 7, commencing with the section 65000), as it may be amended or revised. The development plan shall consist of (1) a development map providing land use designations for the District, including the location of public spaces and grounds, and (2) text providing the regulations specified in §9166. (Ord. 915, §2, adopted 1990) 9116 ATTACHMENT #5 History of the AlP Use Permit/Ordinance Summaries, contains assessments of growth-inducing impacts and project alternatives as well as summaries of cumulative impacts and unavoidable significant adverse impacts. The fifth section describes a mitigation monitoring plan for the projects. Finally, there is an Appendix which contains technical reports and correspondence. 1.3 PROJECT LOCATION AND LOCALE DESCRIPTION The Airport Industrial Park (hereafter referred to as AIP) includes about 138 acres located in the southern part of the City of Ukiah (see Figures 1-3). The Airport Industrial Park is about 1,350 feet wide at its northem end tapering to a point where the railroad tracks and highway intersect about 6,500 feet south of Talmage Road. As is shown on Figure 3, the Airport Industrial Park is bounded by the California Northern Railroad on the west, Highway 101 on the east, and Talmage Road on the north. Surrounding land uses include: · le To the west are the California Northern Railroad tracks. West of the railroad tracks is the Ukiah Municipal Airport. Further west is commercial development along South State Street. 2, To the north of Talmage Road are a number of commercial establishments. Further north is a mixture of residential, commercial, and industrial uses. . e On the east is the freeway. East of the freeway, there is commercial development in the area just south of Talmage Road while further south are pear orchards. To the south there is a small residential area along Norgard Lane and a mixture of residential and agricultural uses further south. Within the Airport Industrial Park, the Redwood Business Park (RBP), an approved 43-1ot subdivision, includes about 95 acres (see Figure 4). Currently, Redwood .Business Park includes a Wal-Mart Store on Lot Al, the offices of North Counties En~neering on Lot A7, office buildings on Lots A5 and D2, and one single-family residence located near the east end of Commerce Drive. The narrow strip of the AIP located west of the RBP has already been developed. There are three buildings containing numerous small offices and business services near Talmage Road. The southern portion of this strip includes Kennedy Construction, Cai-Cedar, and Kennedy Homes. Existing development on the AIP south of the RBP includes a lumber yard, a mobile home residence, a mobile home office, and outbuildings. This southern development gains access via the south end of Airport Road. 1.4 PROJECT HISTORY In 1979, the City of Ukiah proposed to annex a 138-acre area adjacent to the Ukiah Municipal Airport into the City. Prior to taking any action on this proposed annexation of unincorporated area, the City obtained a Comprehensive Planning Assistance 701 Grant from the California Department of Housing and Community Development to prepare a Specific Plan for the proposed annexation area. This Specific Plan, the "Airport Industrial Park Specific Plan," was prepared by a consultant in 1980. REDW~D BUSINESS PARK DRAFT SUBSEQUF..NT ENVIRON%iENTAL I~O'ACT REPORT -2- Original Use Permit In January, 1981, the City Council approved the Specific Plan. In March of that same year, the City Council approved a Use Permit for the Airport Industrial Park Planned Development (Use Permit No. 81-39 approved in Resolution 81-59) and two weeks later approved the annexation of the Airport Industrial Park (Resolution 81-63). This original Use Permit (UP 81-39) established permitted uses. within the Airport Industrial Park Planned Development. Allowed uses (or "principal" uses as they are defined in the Use Permit) for all of the Airport Industrial Park SOuth of Commerce Drive were industrial- related uses, including manufacturing, warehouse and distribution activities, wholesaling and related uses, and contractors' offices. "Office commercial" uses were allowed in the northwest comer of the Airport Industrial Park (in the area bordered by Talmage Road, Airport Park Boulevard, the railroad and Commerce Drive). Permitted "office commercial" uses included business support services (i.e., establishments primarily engaged in providing services to other businesses in the Airport Industrial Park) and industry, professional and business offices, and repair services. A third allowed use was "highway oriented commercial" which allowed businesses primarily oriented toward highway travelers (e.g., motels, service stations, and restaurants) in the northeast comer of the Airport Industrial Park. The Use Permit stated that "Retail development is permitted only if it is industrial park related," (p. 2 of Resolution 81-59). This Stipulation was consistent with the then current City position that the AlP, given its proximity to air, rail, and highway transportation, was intended to serve mainly as a location for industrial development. Nevertheless, the Use Permit did make allowances for "conditional uses" including services (e.g., banks, insurance brokers, real estate agents, beauty shops, etc.), public facilities, communication installations, and retail stores if industrial-park related (e.g., lumber yards, paint stores, building supply stores, automotive parts, garden materials, etc.). Such uses would require approval of a Use Permit before they would be allowed, whereas uses that fell within the "principal uses" were required to receive a Site Development Permit. A Site Development Permit could be approved by the City Planning Commission without the need for a public hearing, whereas a Use Permit would require a public hearing. This original Use Permit also set forth a variety of development standards to regulate development within the AIP. This included a list of required lot sizes, building coverages, building setbacks, landscaping requirements, screening requirements, sidewalk and bike lane requirements, street width standards, parking requirements, and signage standards. There was also a fist of design guidelines regarding landscaping, building orientation, building exteriors, etc. The Use Permit included a land use map showing the types of "industrial" use (though all types of industrial use were permitted in the "fight industrial and warehouse," "highway-oriented industrial," and "raikoad oriented industrial" designated arms), "office commercial" in the area bounded by what is now Airport Park Boulevard, Commerce Drive, Talmage Road, and the raikoad, and "highway oriented commercial" in the area bounded by Airport Park Boulevard, Talmage, Commerce, and Highway 101. There was also a circulation plan showing Airport Park Boulevard being constructed and extended to near the south end of the Airport Industrial Park where it proceeded west and then south to Norgard Lane. 1986 Amendment of Original Use Permit In October, 1986, the City Council approved Resolution 87-21 which amended Use Permit 81-39. The principal change was to remove a restriction which required retail stores to be "industrial park related..' However, retail stores continued to be a "conditional use.' and not a "principal use..' REDWOOD BUSINESS PARK DRAFT SUBSW. QUENT ENVIRONMENTAL I~IPACT REPORT -3- Redwood Business Park Subdivision Map In January, 1987, the City approved Tentative Subdivision Map (No. 86-48) for the Redwood Business Park. This subdivision map covered about 95 acres located in the northern portion of the AIP (see Figure 4). The approved Tentative Map was for 43 lots. A Final Subdivision Map for the A and B lots of the subdivision was approved on June 24, 1988. Improvement Plans for the entire subdivision were approved by the City in April, 1987. 1989 Amendment to the Use Permit In April, 1989, the City Council approved Use permit 81-39(c) (in Resolution 89-35) which was an amendment to the original Use Permit for the AIP. The' significant changes allowed under this new Use Permit included: · 1. Those portions of Redwood Business Park located east of Airport Park Boulevard and south of Commerce Drive to "X" Street (from hereon, the unnamed east-west street between the southern end of Commerce Drive and Airport Road is referred to as "X" Street) parallel but south of Commerce (approximately 60 acres) were redesignated as "industrial/commercial" which meant that commercial as well as industrial uses could occur in this zone. e 3· . All previously designated "conditional uses" became "principal uses." This meant that retail outlets, services, public facilities, etc. were allowed in the zone with a "commercial'~ designation. Future development proposals, so long as they were consistent with the Use Permit definition of "principal" uses, would require a Site Development Permit; Use Permits would no longer be required since there were no longer any conditional uses. The maximum lot coverage was increased from 40 percent to 45 percent. There was also a reduction in the area where landscaping was requked, the elimination of minimum lot sizes for parcels adjacent to the railroad, and the elimination of side setback requirements. 1990 Use Permit In January, 1990, the City Council approved Use Permit 89-127, amending Use Permit 81-39(c) (in Resolution 90-333. The significant changes affected by adoption of this new Use Permit were: · e ge The land use categories of "highway oriented commercial" and "office commercial" were replaced by land uses designated "highway oriented" and "office," respectively. The land use map was changed so that the area that was formerly designated "highway oriented commercial" became "highway oriented/commercial" which would allow both highway oriented businesses as well as all establishments allowed under the commercial designation. The area formerly designated "office commercial" became "office/commercial," again allowing both office as well as commercial uses in that area. REDWOOD BUSINESS PARK DRAFT SUBSEQ~ I~{VIRO.N%IENTAL IMf'ACT REPORT -4- As a result of these several amendments, commercial uses were now permitted in all portions of the AIP north of Commerce Drive and most of the Redwood Business Park east of Airport Park Boulevard (only the two southernmost parcels of the RBP, east of Airport Park Boulevard, retained an "Industrial" designation). The remainder of the AIP retained the industrial designation. 1990 Actions In February, 1990, the City Planning Commission approved a Negative Declaration and Site Development Permit for a proposed Wal-Mart Store on the northeast,inmost parcel of the Redwood Business Park. This action was appealed, and the appeal was rejected by the City Council. Three appellants then filed for a "Petition for Writ of Mandate and Injunctive Relief" in March, 1990. A second "Petition" was filed in April, 1990. The Petitions claimed that them had been several violations of State law in approving and amending the Use Permits. · In a "Stipulation to Dismiss Actions, Set Aside Decisions and Remand for Further Proceedings," attorneys for all parties involved with the case agreed to settle the case in July, 1990. This agreement included the following stipulations: II . , The City would set aside that portion of Use Permit 81-39(c) regarding uses so that the original distinction between "principal" and "conditional" uses applied. The City would set aside Use Permit 89-127 and the Wal-Mart Site Development Permit and Negative Declaration. RBP investors could request an amendment of the Planned Development to provide that "conditional uses" be allowed to become "principal uses." Also, Wal-Mart could request a Site Development Permit for its proposed store. An EIR was required for both requests. RBP investors would enter into a reasonable mitigation agreement with the Department of Fish and Game to preserve or mitigate the habitat for the loss of the Baker's meadowfoam plant on the Redwood Business Park. Resolution 91-4 In Resolution 91-4 adopted in August, 1990, the City Council complied with the above Stipulation and rescinded the previous actions referred to .in the Stipulation. The designation of "conditional uses" was reinstated and the zones that were previously opened to commercial development were redesignated as "office commercial" (northwest comer of AlP) and "highway oriented commercial" (northeast comer). Thus, all retail uses would be conditional uses. Ordinance 929 The actions set forth in Ordinance 929 are the current regulations defining allowable development within the AlP (see the Appendix for the complete Resolution). To summarize, the allowable land uses under the current Ordinance are: · As is shown on Figure 5, the northwest comer of the AlP is designated "office commercial," the northeast comer is designated "highway oriented commercial," that portion of the RBP east of Airport Park Boulevard (with the exception of Lots REDWOOD BUSINESS PARK DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT -5- F11 and Gl) is designated "industrial/commercial," and the remainder of the AlP is designated "industrial." e The "principal" uses listed as "industrial" are allowed with a Site Development Permit in the zones designated "industrial" and "industrial/commercial." e The "principal" uses listed as."commercial" are allowed with a Site Development Permit solely in the area designated "industrial]commercial." 4, 5. The "principal" uses listed as "office commercial" and "highway oriented commercial" are allowed with Site Development Permits solely in the areas designated "office commercial" and "highway oriented commercial" respectively. The "conditional" uses listed as "services," "public facilities," "communication installations," and "retail stores" are permitted with approval of a Use Permit in all areas except the area designated "industrial." ' e The"conditional" uses listed as "public facilities" are permitted with a Use Permit in any area in the AlP. t The "conditional" uses of "communication installations" are permitted with a Use Permit in the areas designated "industrial" or "industrial/commercial." Other 1990 City Actions To clarify potential i~nconsistencies between the City's General Plan and the AIP Use Permit (as well as with other possible Planned Developments), the City Council amended the "Industrial" and "Commercial" land use definitions of the General Plan in October, 1990 (GPA 90-61 as adopted in Resolution 91-21). The amended definition allows a mixture of industrial and commercial land uses in "industrial" designated areas if they are incorporated in a Planned Development. This provides the City the ability to consider allowing commercial land uses within the Airport Industrial Park Planned Development while remaining consistent with the General Plan. Also in October, 1990, the City Council amended the City Code to regulate Planned Development Districts within the City by ordinance rather than use permits. Both of these actions were technical resolutions aimed at clarifying the City Zoning and General Plan. Applicants' Actions Following the agreement to settle the lawsuit, Redwood Business Park of Ukiah requested an amendment to the Airport Industrial Park Planned Development Ordinance, and Wal- Mart Stores, Inc. requested approval of a Site Development Plan for its store. A Draft EIR was prepared on the proposed Wal-Mart Store and the Amendment to the AIPPD. Because the Draft EIR did not fully address all the impacts that would result from buildout of the Redwood Business Park, the applicant withdrew the project and requested deletion of this portion of the project and proceeded only with the environmental review of the proposed Wal-Mart Store. The City certified the Final EIR and approved the Wal-Mart Store in the spring of 1993. The store was constructed and open for business by the end of 1993. This current EIR addresses the additional amendment of the AIPPD Ordinance and complete buildout of the Redwood Business Park. Most of the impacts associated with that REDWOOD BUSINESS PARK DRAFT SUBSEQUENT ENVIROI~tENTAL IMPACT REPORT -6- develop~nent were identified in the Wal-Mart EIR (Leonard Charles and Associates, 1993). However, the goal of that EIR was to identify the "differences" in impact between development under the existing Use Permit and development that would be allowed by amending the Use Permit. Impacts of buildout were discussed as part of the analysis of cumulative impacts. This current EIR clarifies that earlier analysis by clearly identifying the specific impacts that would result from buildout of the RBP per the proposed amendment of the AIPPD. In early 1994, the applicant/property owner applied for and received City approval for a boundary line adjustment (BLA) to reconfigure the existing lots within a portion of the Redwood Business Park. The purpose of the BLA was to enlarge certain lots to accommodate a prospective buyer/developer. Since that action, no property has changed ownership and no development of the lots has occurred. The applicant/owner has indicated to City staff that he intends to proceed with the filing of a final subdivision map(s) and build out the Redwood Business Park according to the lot configuration of the previously acted upon tentative parcel map. · Concurrent EIR Subsequent to the application to amend the AIPPD Ordinance which is addressed in this EIR, there was a proposal to develop about 28 acres south of the Redwood Business Park. This project is called the Airport Business Park. It is proposed that this area will be developed with industrial uses consistent with existing land use designations. Because the EIR on the Redwood Business Park had already been contracted for and begun, the City determined to prepare a separate EIR on the Airport Business Park. The cumulative impacts of development of the Airport Business Park are assessed in this report as part of the assessment of cumulative impacts. 1.5 PROJECT DESCRIPTION There is a proposal by Redwood Business Park of Ukiah to amend the Airport Industrial Park Planned Development Ordinance. The complete text of the proposed changes to the Planned Development is included in Appendix A of this report. Essentially, the requested changes include the following: . All land uses that are currently designated as "conditional" shall be incorporated into the "allowed" (formerly called "principal") uses. This includes the uses currently termed as "Services," "Public Facilities," "Retail Stores," and "Communication Installations." There would only be one class of uses: · those allowed within the Airport Industrial Park per the designated zones on' the Planned Development Land Use Map. There would no longer be any "Conditional" uses. Future projects within the AIP would require a Site Development Permit from the City Planning Commission. In addition, uses allowed in one designated zone would be allowed in a differently designated zone with City approval of a Use Permit. For example, a retail commercial use could be allowed in a zone designated "Industrial" with City approval of a Use Permit. One of the principal issues addressed in the EIR is the fact that currently retail uses on the AIP are "conditional" uses .that would require approval of a Use Permit. Under the proposed amendment to the AIPPD Ordinance, retail uses would be REDWOOD BUSINESS PARK DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT -7- allowed in all areas designated "Commercial" with approval of a Site Development Permit. Retail stores in that portion of the AlP designated Industrial would still require City approval of a Use Permit. o Change the Land Use Map so that the zone currently designated as "office commercial" would be designated "office commercial and commercial," thereby allowing all office and commercial uses permitted in the Planned Development to occur in this zone. The range of allowed uses is outlined in the appended Ordinance. Changes in land use would be made in the form of an ordinance. e Change the Land Use Map to redesignate the area currently designated "highway oriented commercial' to "highway oriented commercial and commercial." This designation applies to the area already developed with the Wal-Mart Store. The applicants have requested that food preparation and restaurants be included as 'an allowed use in all zones with a "commercial~ land use designation. The City is considering and likely will recommend certain restrictions to limit size, number, location, and/or type of "restaurant uses." The City's intention is to assure that food service facilities will be for AIP employees and patrons due to traffic and land use considerations (Sawyer, personal communication). Se The area currently designated "industrial/commercial" will be redesignated as "industrial and commercial." This is merely a wording change and does not affect what land uses would be allowed. e Lots F11 and' G1 of the Redwood Business Park subdivision (see Figure 4) are currently designated as "industrial;" they will be redesignated as "industrial and commercial." 7, Other changes to the wording of the existing Planned Development are minor text changes that do not substantially affect land use or design. The language of the existing AIPPD Use Permit and the proposed Amendment are both included in the Appendix. This EIR focuses its analysis on the direct impacts resulting from buildout of the Redwood Business Park. The area where development can occur includes approximately 72 acres. The entire Redwood Business Park is about 95 acres, but about 23 acres have already been developed (namely, the Wal-Mart Store on Parcel Al, office development on Parcel A5, and office development on Parcel D2; in addition, the parcels west of Lots A2 to A7 are already developed). Future development of that portion of the/kiP south of the Redwood Business Park is also examined, but as cumulative impacts. Specific site-related effects of development of this southern portion of the industrial park are addressed in a separate EIR on that portion of the AIP (i.e., the Airport Business Park Draft Subsequent EIR, Leonard Charles and Associates, 1995). It is noted that no land use change is requested for the area south of the RBP. It is currently designated "Industrial" and will remain "Industrial" in the proposed Amendment to the Planned Development Ordinance. To determine a base for assessing the impacts of buildout under the proposed amendment, buildout assumptions were prepared. These assumptions basically follow the assumptions that were developed when preparing the earlier Wal-Mart EIR, and they were reviewed at that time by the applicants, City staff, and the appellants in the lawsuit that resulted in the Wal-Mart EIR. This earlier buildout scenario has been adjusted to eliminate sites that have akeady been developed and to provide more accurate projections for the mnount of any site that would actually be developed (based on new construction throughout the Ukiah area REDWOOD BUSI]~v..~ PAJ~ DRAFT SUBSEQUENT ENVI~OI~I~_.NTAL IMPACT REPORT -8- and, particularly, existing retail and office development on the Redwood Business Park). For purposes of comparison, buildout assumptions were also prepared for buildout under the existing Resolution governing land use on the AIPPD (i.e., Resolution 91-4). The worst-case buildout projections are shown on the following page. REDWOOD BUSINESS PARK DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT -9- MINUTES CITY OF UKIAH PLANNING COMMISSION SEPTEMBER 13, 1995 MEMBERS PRESENT OTHERS PRESENT Cheryl Baker Edc Larson Judy Pruden Brent Smith Philip Ashiku, Chairman Gary Akerstrom Sandra Akerstrom Don Wegner MEMBERS ABSENT None STAFF PRESENT David Rapport City Attorney Robert Sawyer Planning Director Charles Stump Senior Planner Marge Giuntoli Recording Secretary The regular meeting of the City of Ukiah Planning Commission was called to order by Chairman Ashiku at 7:00 p.m. Roll was taken with the results listed above. APPROVAL OF MINUTES - August 23~ 1995 ON A MOTION by Commissioner Pruden, seconded by Commissioner Larson, it was carded by the following roll call vote, to approve the Minutes of August 23, 1995 as submitted with the following corrections: Commissioner Larson recommended the following corrections to the Minutes: Page 6, Paragraph 3, amend the last sentence to read "He expressed concern, however, with the impact on the downtown business community of this type of use." Page 10, Paragraph 2, amend to read "Commissioner Pruden noted that she had provided information about the metal roofing matedal to Victor Lopes and has asked him to comment on this material. AYES: NOES: Commissioners Baker, Larson, Pruden, Chairman Ashiku None. MINUTES OF THE PLANNING COMMISSION Page 1 September 13, 1995 ABSTAIN: ABSENT: Commissioner Smith None. COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS None. APPEAL PROCESS Chairman Ashiku read the Appeal Process to the audience. Commissioner Larson recommended Agenda Item 6B be heard at this time. PUBLIC HEARINGS Redwood Business Park Tentative Subdivision Map Extension, as filed by Gary Akerstrom/Redwood Business Park of Ukiah, to extend the conditionally approved Redwood Business Park Tentative Subdivision Map for three (3) years. Senior Planner Charles Stump advised that staff is requesting this item be continued to the September 27, 1995 Planning Commission meeting. A comprehensive analysis of this project, which could not be completed by the City Engineer in time for this meeting, is necessary because of recent developments that appear to be inconsistent with the originally approved Tentative Subdivision Map. Staff also recommended the Planning Commission open the public headng and allow anyone in attendance to speak and provide input on the project. PUBLIC HEARING OPENED: 7:06 p.m. Gary Akerstrom, 425 Talmage Road, stated the application to extend the Tentative Subdivision Map was submitted five years ago, and it would seem five years would give the City Engineer enough time to review the project. He indicated he is tired of the delays caused by staff on the entire project, and is requesting that the recommendation be made to the City Council that the Map be extended. PUBLIC HEARING CLOSED: 7:08 P.M. Commissioner Larson asked Mr. Stump to elaborate on his memo which stated that recent developments appeared to be inconsistent with the approved Tentative Subdivision Map, and how that might have a beadng on the other matter in front of them tonight. Mr. Stump replied the City Engineer has indicated to staff there have been some changes recently, most notably with the approval of the Fdedman Bros. project. The circulation component of the extension of Commerce Ddve as a frontage road is no longer available or a part of the design of the Tentative Map and the lots have been reconfigured to accommodate Fdedman Bros. Since these changes have happened only recently, the City Engineer is asking additional time be granted to analyze whether or not this Tentative Subdivision Map Extension request can be MINUTES OF THE PLANNING COMMISSION Page 2 September 13, 1995 recommended for approval to the City Council. This has no effect on the Planned Development Ordinance amendments. The growth and development of the Airport Industrial Park will occur regardless of the exact lot configuration. The building projections are captured in the EIR. The buiidout will not change. Commissioner Larson inquired if the change in the circulation plan will have any beadng on the land use designations. Mr. Stump replied in the negative. It was the consensus of the group to continue Agenda Item 6B to the September 27, 1995 Planning Commission meeting. Al Airport Industrial Park (AlP Planned Development Ordinance Amendments, as filed by Gary Akerstrom/Redwood Business Park of Ukiah, to change all land uses that are currently designated as "conditional" to "allowed" (formally called "Principal") uses. There, would no Ionqer be any "conditional" uses. Future, projects within the Airport Industrial Park would require a Site Development Permit from the City Planninq Commission. Additionally, uses allowed in one desiqnated zone would be allowed in a differently designated zone with City approval of a Use Permit. Additional minor lanqua.qe changes are also proposed. David Rapport, City Attomey, was introduced by Senior Planner Robert Sawyer as being available to answer any legal questions that might adse dudng discussion. Senior Planner Charles Stump advised this item involves requested amendments to the Planned Development Ordinance for the Airport Industrial Park. The Planned Development Ordinance is the zoning tool which guides the growth and development within the Park. It is intended to coordinate and insure compatible commercial, industrial and office development. The odginal document was adopted in the early 1980s and has been amended numerous times, most recently for the Wal-Mart action, which amended the highway/commercial designation to allow a retail/commercial facility, in this instance Gary Akerstrom, agent for the Redwood Business Park, is proposing to amend the ordinance in a variety of ways, pdmadly by changing the land uses currently designated as "principal" to "allowed" uses, which would result in only one class of use throughout the park. There, would no longer be conditional uses. Future projects would require a site development permit. Also, any land use within any area of the park could be considered in a different land use designation with the secudng of a land use permit. There are a vadety of other proposed amendments listed in the staff report and analyzed point by point. Staff has taken this opportunity to restructure the ordinance and is proposing a staff version for the Commission's consideration to go along with Mr. Akerstrom's version. Staff felt the current document is confusing and the suggested changes would modemize it. It has been reformatted so it can be understood by the layman, making it a comprehensive document where the development standards and guidelines are clear and understandable. Chairman Ashiku stated Mr. Akerstrom had called him and discussed the process by which he had worked on these amendments with staff, expressing his concerns pdmadly surrounding the difficulty he has had in gaining cooperation with staff in this matter. Mr. Akerstrom indicated he MINUTES OF THE PLANNING COMMISSION Page 3 September 13, 1995 was intending to meet with staff about these concems pdor to tonight's meeting and had no desire to postpone the meeting. Chairman Ashiku asked Mr. Stump if the Commission was being asked to act on Mr. Akerstrom's recommendations. Mr. Stump replied they had met numerous times with Mr. Akerstrom and he was assured that Mr. Akerstrom wanted to proceed with the project. The Commission is being asked to make a recommendation to the City Council. The Commission is free to support either Mr. Akerstrom's or staff's proposal or some combination of the two. Commissioner Pruden questioned Page 13, Attachment #3, Design Guidelines. Under the other version, there was a 15% percentage assigned. She sees no percentage assigned in the landscaping. Is that correct, and if so, how is the appropriate amount of landscaping to be determined? Mr. Stump replied there was no percentage assigned, which allows more latitude. Staff has increased the number of guidelines for landscaping, which should give parameters for an adequate landscaping plan rather than pinning it down to a certain percentage. Commissioner Pruden questioned Page 7, Attachment #3, Retail Commercial Designations. Since the appropriate retail stores were listed, why was the wording, "other general retail stores" included? Planning Director Robert Sawyer explained that the information was taken directly from the adopted ordinance and staff felt compelled to carry through with the adopted policy the best they could. Commissioner Pruden, seeking clarification of the process, referred to Page 2 of the Planning Report, under Project Description, where it is stated that retail/commercial projects will need a site development permit. She questioned whether a manufacturer desidng to go between Wal-Mart and Fdedman Bros, would need a use permit. Mr. Stump replied under the staff's proposal there would be no opportunity for a manufacturer to establish there, even with a use permit. PUBLIC HEARING OPENED: 7:23 p.m. Gary Akerstrom, 425 Talmage Road, stated when the application was submitted for a change in the development plan it was a very specific request. It was almost verbatim with Resolution No. 89-35 adopted unanimously by the City Council on 4/5/89 and parroted in Resolution No. 90- 33 adopted 1/17/90. The reason he submitted the request was because that was what they were requesting. They have spent a lot of money on EIRs and evaluating EIRs, and coming back with subsequent EIRs because they [staff] screwed up the first EIR, which wasn't needed if the City had done the EIR that they said they did originally. He requested something very specific and he has paid a lot of money to have the EIR prepared on that specific request. The fact that staff did an entirely different proposal not in keeping with what was requested doesn't sit well with him, and what the staff has prepared is unacceptable to him. They [the applicants] have reached the MINUTES OF THE PLANNING COMMISSION Page 4 September 13, 1995 end of their patience. The delays with City staff have cost millions of dollars and untold time and energy. Mr. Akerstrom further stated there have been numerous lies, broken promises, and breached agreements by City staff, and that he does not want this project delayed any further. He wants it to go to the City Council. His patience is at an end and he is tired of the treatment they have received. Commissioner Larson referred to Page 2 of Attachment #2, the applicant's proposed amendment. He asked why under small Roman numeral ii, Warehouse and Distribution Activities, the applicant has deleted "not available to the general public; warehousing." Mr. Akerstrom replied if you get questions as to what is "not available to the general public" it is a question about what is really being talked about. Is a business who makes redwood furniture, but also sells seconds, classified as being open to the general public? If there is a sandwich shop in the Park, is a customer allowed in there if coming from outside the business park? If you have a particular use, then you should have that use and not second guess where the customers are coming from. Commissioner Larson stated by elimination of this phrase it implies to him that any industrial business going into this area could open a retail, and sell retail, and asked if that was what the applicant is suggesting. Mr. Akerstrom replied that off-hand he doesn't believe it does, that it is primarily a wholesale type business. For example, cabinet seconds being sold outside a business is not a normal business activity or retail sales. Commissioner Larson asked if the applicant had a problem with wording restricting or limiting the retail activities of these wholesale businesses. Mr. Akerstrom replied that industrial use will have uses incidental to the pdmary business. In a retail operation there may be some storage involved. Commissioner Larson stated that some businesses which are basically retail operations represent themselves as warehouses and sell at wholesale pdces. Will the exclusion of this phrase allow such businesses to operate within industrially zoned areas of the park? Mr. Akerstrom cited the example of a wine warehouse, which is cleady retail, where the product is available to the general public. A business such as Real Goods may sell an item incidental to their main business, which is cataloging and shipping. Commissioner Larson expressed his concem that perhaps the deletion of the phrase would be opening things up to a broader definition of warehousing. PUBLIC HEARING CLOSED: 7:33 pm Commissioner Pruden stated that the industrial park has been discussed extensively in the Growth Management group that wrote the General Plan. As part of the review process, all MINUTES OF THE PLANNING COMMISSION Page 5 September 13, 1995 projects had to have a use permit as opposed to a site development permit. She has not been willing to change her vote or give over, but staff's proposal is a good compromise. It sets the boundary of the retail commercial at the edge of Fdedman Bros. The south end of the park will be industrial. She voiced support for the staff recommendations but not the Redwood Business Park proposed amendments because she is not willing to give over to site development process carte blanche and give up the use permit process. She believes maximum review is necessary. Staff's proposal is the first written material that has swayed her vote in the last five years. Commissioner Baker stated in reflecting back to the growth management steering process which created the General Plan, she recollects that generally the Park should be industrial. Obviously the approval of Fdedman Bros. by the City Council indicates there is some willingness to entertain limited commercial in the area. She cannot support the proposal by Mr. Akerstrom but can support staff's recommendation. She felt it is the best compromise of the majodty of what Mr. Akerstrom would like to see happen. If they adopt Mr. Akerstrom's proposal then they would need to go back and review this entire project in line with the new General Plan. Her concem is that they spent a great deal of time with the citizens of Ukiah in developing a vision statement that said let's not create these isolated commerce centers where there is no housing and where people can't get to them. Her feeling is that if they are going to extend commercial throughout this area, then she would not support the limitations proposed by Mr. Akerstrom. If they were to allow the type of commercial village development that could occur under Mr. Akerstrom's plan, then they would have to go back and review the whole thing in context of the new General Plan, including housing. She further stated a small concem on staff's recommendations regarding the day care centers having to be a use permit process. Under staff's plan it would allow offices as well as commercial and industrial and the City should do everything they can to encourage day care facilities close to employment centers, whether on-site or on separate parcels. She would support that being a use by right in the park without a use permit, but certainly with a site approval permit, which would allow a look at the contiguous uses to see if it is appropriate for children to be there. Commissioner Larson referred to Page 5 of the staff version, stating they have excluded medical and dental offices, and asked if this would preclude an urgent care or industrial clinic from locating in the park. Mr. Stump, referring to Professional Office Designation, answered yes, it could preclude urgent care. When Mr. Akerstrom and he met, Mr. Akerstrom indicated he would like to see medical and dental retained. Mr. Stump further stated a larger facility, or medical complex would be inappropriate for the park. Commissioner Larson asked if that would preclude an industrial clinic, which would be a sensible use within an industrial park. Mr. Stump replied yes, because it would be termed a medical office. Discussion followed regarding whether Wal-Mart did eyeglass care at this facility and whether that would be considered a medical office. MINUTES OF THE PLANNING COMMISSION Page 6 September 13, 1995 Commissioner Larson indicated he would like to see emergency medical services located in the park. Another concern is the minimum lot size of 20,000 square feet. For a small grocery store or day care center this might be too large. Mr. Stump replied that with parking and landscaping it would be quite reasonable. Commissioner Larson stated most of the day care in Ukiah is done in residential homes. He asked about the possibility of taking a 20,000 square feet minimum lot and using it for more than one of these service related businesses. Mr. Stump suggested that perhaps the use could be established within an existing building and it wouldn't be a new facility constructed on a vacant lot. Commissioner Larson expressed his desire to facilitate these businesses in the park by exploring the possibility of splitting the lots so they can operate, which is the opposite of combining lots for one big business. He is supportive of the village/mixed use concept. He further stated he doesn't understand the necessity of excluding residential use from this project. Mr. Stump explained that it would be problematic. The industrial park was intended to be used for industrial uses. The opportunity for residential development is severely limited to the SE comer because of airport restrictions and the B-2 zone, which takes up all the parcels on the west side of Airport Park Boulevard where residential land uses cannot be established. The existing industrial development, the freeway, and agricultural areas offer a vadety of constraints, and he is not certain what sort of viable residential community could be established. Discussion followed regarding residential use in the park, with the conclusion that caretaker residences could be acceptable in the industrial area. Commissioner Larson indicated he also noticed the absence of anything addressing the issue of outdoor display of merchandise. It exists in the park now, and has the potential of canceling out a lot of the architectural efforts the Commission might make towards a beautiful park. His understanding of the City zoning ordinance is that the definition of an outdoor sales establishment would apply in this situation because it applies to private property. He asked if he is to assume the City ordinance prohibits the display of merchandise, other than nursery stock, outside of the building in all circumstances within the City limits. Mr. Sawyer replied that outdoor display is permitted with approval of a use permit in certain zones. Commissioner Smith indicated his concem over Gary Akerstrom's comments regarding broken promises and breach of agreement. He stated that as Commissioner he has not been privy to those discussions, and it is difficult for him to lean one way or the other. He is unaware of what has happened in the past, and doesn't know enough of the facts or what the broken promises and breaches of agreement were. Chairman Ashiku requested clarification from the staff as to how the process worked between MINUTES OF THE PLANNING COMMISSION Page 7 September 13, 1995 Mr. Akerstrom and the staff and how their altemative amendment came forth. He indicated the need for Commissioner Smith to consider the General Plan and recently approved draft EIR when looking at the two proposals, specifically the vision for the park, and see if he felt one of the plans addresses it more appropriately. He suggested Commissioner Smith ask staff or Mr. Akerstrom for clarification. Commissioner Smith indicated he was just stating his feelings and concern over Mr. Akerstrom's statements, and looking for some way to come to a happy medium. Chairman Ashiku asked the staff to comment. Mr. Sawyer indicated he had no comment, and that he would have to hear a specific complaint from Mr. Akerstrom. Arguing about what was or wasn't agreed upon was not constructive. The Planned Development Ordinance adopted by City Council three years ago is the base reference point. The Commission has both the applicant's proposed amendments, which basically loosen some of the language up a little bit, and staff's recommendations, which reflect professional knowledge and opinions. It is staff's responsibility to give a professional opinion as to what is appropriate and whether a better ordinance could be developed. Chairman Ashiku asked Mr. Sawyer if he met with the applicant and negotiated staff's proposal. Mr. Sawyer replied they did not negotiate staff's proposal, and that it was neither relevant nor necessary. The staff respects the applicant's proposal, but thought other things should be considered to create a meaningful and usable policy document. Staff's recommendation is not a negotiated situation. Commissioner Baker stated she does not want to give Mr. Akerstrom the impression they are unconcemed. This is not the appropriate body to decide that, since they have no control over staff. What the Planning Commission has before them is two different recommendations for changes that substantially alter the currently allowed uses in the park without going through an entire revision of the uses in that park in accordance with the new General Plan. If that were done then it would end with a very different document. Commissioner Pruden asked whether there was anything in this ordinance that would prohibit the Commission from creating or having a developer make a proposal to lease spaces out with the allowable uses within them in a large complex with different sized storefronts. Could a day care facility be within the complex itself? Mr. Stump answered yes, a site development permit would be. needed for the large industrial building and a use permit would be required for day care in that business. Commissioner Pruden asked if a use permit is required if day care is established on the site in the complex, and is not open to the general public. Commissioner Larson asked if the brewery would need a use permit for day care or a cafeteria at which the employees could purchase food. MINUTES OF THE PLANNING COMMISSION Page 8 September 13, 1995 Mr. Stump replied only if they were open to the public. Commissioner Pruden asked if it would be permitted if a manufacturer needed to put a medical first aid station in their office for their employees. Mr. Stump answered yes. Chairman Ashiku referred to Page 1 of staff's proposed ordinance in Allowed and Permitted uses. He sought clarification of terms. Mr. Stump advised that the terms "conditional" and "permitted" are synonymous. "Allowed" is with a site development permit, "permitted" is with a use permit. The County calls use permit requirements "conditional." Chairman Ashiku stated he believed Mr. Akerstrom's proposal was a little too broad in that it opens the whole park for all types of mixed uses and removes the Planning Commission's ability to use discretion regarding what projects are to enter the park. He regards staff's proposal as a reasonable compromise, and asked the staff how the Commission should act. He questioned Commissioner Larson regarding which of his comments were proposals and which were questions. Commissioner Larson stated he wanted to avoid the message that went out over the Fdedman Bros. project, when they basically took a yes or no, do or die approach. He would like to see the Commission formulate a recommendation, but is not clear how to go about it. He cited his dislike of the package approach. Discussion followed regarding the format to put this into action, dudng which Chairman Ashiku asked for a consensus from the Commissioners as to which ordinance they wanted to work towards modifying and approving for recommendation. The consensus was for the staff's ordinance. Chairman Ashiku called for a motion. ON A MOTION by Commissioner Pruden, seconded by Commissioner Baker, it was carried by the following roll call vote, to use Staff's Recommended Airport Industrial Park Planned Development Ordinance, Attachment #3 for modification and approval for recommendation. AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, I_arson, Pruden, Chairman Ashiku None. Commissioner Smith None. Commissioner Larson advised Commissioner Smith that an abstention was counted as a yes vote. MINUTES OF THE PLANNING COMMISSION Page 9 September 13, 1995 Commissioner Pruden recommended that there were a few word changes in Attachment #3 that needed to be forwarded to City Council. The first is on Page 8, Prohibited Uses or Operations. She cited the future possibility, already an occurrence in other cities, of residences over commercial property, and suggested deleting the entire last sentence of that paragraph. Mr. Stump advised if they take that statement out, then they must put in language designating the possibility for residential development as an allowable or permitted use. Commissioner Baker suggested adding housing to permitted uses under Professional Office and Retail Commercial and moving child day care facilities from permitted uses to allowed uses in Retail Commercial in Professional Office. It would remain a permitted use in industrial. Chairman Ashiku asked if residential uses were addressed.in the EIR and whether it was even relevant at this point, or if would present a problem. Mr. Sawyer answered yes, that it would present a problem, but that they could go back and address the residential use of the industrial park. It is not a part of any adopted policy, and there are significant airport crash and noise problems associated with residential in proximity to the airport. The Airport Master Plan cleady excludes the majodty of that site for residential and only includes provisionally a certain slice of the very most eastern portion of it. Commissioner Pruden commented that safety in the airport is an issue of density and not of the kind of building that is there. Retail business and its customers contributes a much higher density than a residence over a business. Low density occupancy is appropriate near an airport. Chairman Ashiku stated he can't support that language change, citing he thinks it will have a negative effect on the industrial aspects of the park. Commissioner Smith stated his agreement with Chairman Ashiku. Discussion followed regarding residential use around the airport. ON A MOTION by Commissioner Pruden, seconded by Commissioner Baker, it was recommended to strike the last sentence of Prohibited Uses or Operations, Page 8, Attachment #3, and add housing to permitted uses under Professional Office and Retail Commercial, for the possibility of residential if the proposal under a use permit is appropriate for the building and what's below it. Commissioner Larson stated he doesn't see the need to have the sentence in there. He doesn't want to encourage housing necessarily, but doesn't want to exclude it. Chairman Ashiku stated he would support language changes if there was some language that would incorporate an ordinance that would prevent any residential uses from incumbering industrial activity that might run around the clock on that site, and that violate the peace and tranquility of a tenant, such as a right to manufacture. MINUTES OF THE PLANNING COMMISSION Page 10 September 13, 1995 Discussion followed regarding industrial and residential use. Commissioner Pruden withdrew her motion. Commissioner Baker withdrew her second. ON A MOTION by Commissioner Pruden, seconded by Commissioner Larson, it was carded by the following roll call vote, to stdke the last sentence on Page 8, Prohibited Uses or Operations, Attachment #3, "Except for existing occupied houses, no residential use shall be permitted." AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden Commissioner Smith, Chairman Ashiku NOne. None. Chairman Ashiku asked Commissioner Larson to proceed with his next suggested change, which he believed dealt with medical offices. He felt it inappropriate to locate medical and dental offices in that area since so many patients are in transit constantly for services, and that the offices should instead be located close to a hospital. He is reluctant to support an urgent care facility located in the park because of the number of patients that walk to medical care facilities. Commissioner Larson asked if he would recommend the prohibition of emergency care facilities. Chairman Ashiku asked the City Attorney if he should be commenting on this at all since he is a dental care provider. Mr. Rapport answered Chairman Ashiku would only face a conflict of interest if it could have a foreseeable financial effect on him personally, either increasing or decreasing the value of his assets by $10,000 or more, the fair rental value of his assets by $1,000 or more, or annual income by $1,000 or more. Commissioner Larson asked again if they should prohibit emergency medical services from the park. Commissioner Pruden inquired if Lenscrafters would be considered a medical office. Chairman Ashiku suggested that consideration be made that it be allowed in the retail sector of the park. ON A MOTION by Commissioner Larson, seconded by Commissioner Pruden, it was defeated by the following roll call vote, that medical and dental offices be deleted from section lA of the Professional Office Designation and added under section B as section e of number 2, the permitted uses. AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson and Pruden Commissioners Baker, Smith, Chairman Ashiku None. None. MINUTES OF THE PLANNING COMMISSION Page 11 September 13, 1995 Commissioner Baker indicated she would support specific language on urgent care but has a problem going into a permit with each and every provider. Commissioner Pruden again brought up the issue on Page 7, definition of "other retail stores." She asked the staff to clarify the definition. Discussion followed regarding the definition of general retail. It was the consensus of the Commission to advise the revision of the language, and put all general retail stores in the "general retail" category, eliminating the specific listings, and leaving the permitted uses. Commissioner Baker indicated there were still unresolved issues regarding child care. ON A MOTION by Commissioner Baker, seconded by Commissioner Pruden, it was carded by the following roll call vote, to move child day care facilities from permitted uses to allowed uses under Professional Office Designation, Retail Commercial Designation, Pages 5,6,7, Attachment #3. Commissioner Baker explained most industrial based or workplace-related child care facilities generally allow some people to come in from the general public, since the facilities are designed for a specific number of children and employees' slots are subject to fluctuation. In the industrial zone it would still require a use permit. Commissioner Larson asked Commissioner Baker to elaborate on her reasoning for making it a permitted use in industrial. Commissioner Baker replied she wants a review of where facilities are located and in what types of businesses, and to have an overview of where the child care facilities are going. Commissioner Larson asked whether she thought it was necessary in commercial areas. Commissioner Baker explained she is less concemed about it in that area since industrial can be more hazardous. She is less concerned about a child care facility with a playground up at that end of the park then along the runway by the airport. AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden Commissioner Smith, Chairman Ashiku None. None. ON A MOTION by Commissioner Baker, seconded by Commissioner Pruden, it was carried by the following roll call vote, to propose housing as a permitted use in the Professional Office Designation. AYES: NOES: ABSTAIN: Commissioners Baker, Larson, Pruden Commissioner Smith, Chairman Ashiku None. MINUTES OF THE PLANNING COMMISSION Page 12 September 13, 1995 ABSENT: None. ON A MOTION by Commissioner Baker, seconded by Commissioner Larson, it was carded by the following roll call vote, to include housing as a permitted use in the Retail Commercial Designation. AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Larson, Pruden Commissioner Smith, Chairman Ashiku None. None. ON A MOTION by Commissioner Pruden, seconded by Commissioner Baker, it was carded by the following roll call vote, to recommend to the City Council approval of the Staff initiated changes to the Airport Industrial Park Planned Development Ordinance, including the changes voted on and approved by the Planning Commission. Commissioner Larson asked if that motion included all of the action and roll call votes at this meeting so the City Council will have a clear view of their discussion and intent. Mr. Rapport advised there was no need for this process since the Commission had already voted on the staff recommendations and all of the changes. Chairman Ashiku stated he wanted the opportunity to vote, since the document had been significantly altered even though each individual vote reflects that. Chairman Smith indicated he also wanted to vote on the entire package. Chairman Ashiku stated he has objections to the changes. He is concerned with housing in the park, and does not think it is a compatible or appropriate use. He is also concemed about day care being located anywhere adjacent to the airport. He can't support the entire amendment. Commissioner Smith stated he doesn't think housing and child care are appropriate in an industrial/commercial/professional park. He can't support the amendment. Commissioner Baker commented that the amendments of the staff plan, as approved by the majodty of the Planning Commission, reflect the attitudes of the citizens of Ukiah as reflected in the General Plan. AYES: NOES: ABSTAIN: ABSENT: Commissioners Baker, Pruden Commissioner Smith, Chairman Ashiku Commissioner Larson None. PLANNING DIRECTOR REPORT Planning Director Robert Sawyer advised staff is recommending the requested joint meeting MINUTES OF THE PLANNING COMMISSION Page 13 September 13, 1995 between the City Council and Planning Commission occur in eady November. PLANNING COMMISSION REPORTS None. ADJOURNMENT There being no further business, the meeting was adjourned at 8:46 p.m. Philip Ashiku, Chairman pc91395, min MINUTES OF THE PLANNING COMMISSION Page 14 September 13, 1995 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One The purpose of this amendment to the Airport Industrial Park (ALP) Planned Development Ordinance is to provide for a coordinated development of compatible industrial, office, and commercial land uses. It details both allowed and permitted uses within each land use category, regulates nuisances, and provides development standards and design guidelines. It changes the land use designation terminology using clearer more concise terms to more accurately characterize existing development, and provide well-defined land use categories for future development in the Airport Industrial Park. The changes to land use designations are as follows: 1) Office Commercial to Professional Offices; 2) Industrial/Commercial to Retail Commercial; 3) Highway Odented Commercial/General Commercial to Highway Oriented Commercial. No change to the Industrial designation term has been made. Section Two This ordinance also formally amends the Land Use Map that illustrates which land uses designations are assigned to the various properties throughout the Airport Industrial Park. The land use designations apply to the Airport Industrial Park in the following manner: 1. a Professional Office: Applies to the northeast portion of the site, bounded by Talmage Road on the north, Airport Park Boulevard on the east, and Commerce Drive on the south (approximately 8 acres). Hi_qhwav Commercial: Applies only to the northeastem portion of the site, bounded by Talmage Road to the north, Airport Park Boulevard to the west, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 14.83 acres north of Commerce Drive, and approximately 22 acres south of Commerce Drive, bounded by Airport Park Boulevard on the west, and Highway 101 on the east approximately (approximately 36.83 acres). 4. Industrial: Applies to the remainder of the Airport Industrial Park (approximately 77.4 acres). Section Three 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 amended the ordinance 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. Section Four 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. Section Five The Development Map (Generalized Land Use Map) for this Planned Development, as required by the Ukiah Municipal Code, and attached as Exhibit "A", is approved. Section Six Development standards not addressed in the Planned Development regulations shall be those specified in the City of Ukiah Zoning Code. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section Seven Amendment to this ordinance requires City Council action. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. Section Eight 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 Nine The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9167(b) and 9166, and as amended, are as follows: A. INDUSTRIAL DESIGNATION 1. Allowed Uses The following industrial uses are allowed in the Industrial designation with the securing of a Site Development Permit. 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 business uses; delivery and transfer services; freight forwarding; moving and storage; distribution terminals for the assembly and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 breakdown of freight; or other similar use involving shipping, warehousing, and distribution activities. ¢. Wholesaling and Related Uses - establishments engaged in wholesale trade or warehousing activities including maintaining inventories of goods; assembling, sorting, and grading goods into large lots; breaking bulk and redistribution in smaller lots; selling merchandise to retailers, industrial, commercial, institutional, or business users, or other wholesalers; d. Contractor's offices - business office for building, plumbing, electrical, roofing, heating, air conditioning, and painting contractors including storage of incidental equipment and supplies. 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 pdmary 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B= a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants shall be permitted). b. Small grocery or convenience store. c. Banking facility. d. Child day-care facility. e. Industrial and business support services - establishments primarily engaged in providing services to business and industry, such as blueprinting and photocopying, janitorial and building maintenance, equipment rental and leasing, medical labs, commercial testing laboratories, and answering services. f. Public Facilities - includes all public and quasi-public facilities such as utility substations, post offices, fire station, and govemment offices. g. Repair Services - includes repair services such as radio and television, fumiture, automotive repair, body and fender shops. h. Communication Installations - includes radio and television stations, telegraph and telephone offices, cable T.V., and micro- wave stations. PROFESSIONAL OFFICE DESIGNATION 1. 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, and other similar activities, except for medical and dental offices. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 em Dm 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. 2. Permitted Uses The following uses are permitted in the Professional Office Designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. .......... ~, CC. rC ....... ~,. .'.'.'.' ; :.:...:.....: .:.. :...:.:.:...: ..~,:.....; .:.: ...:.:...:.:.:...:..... :.:...?.... · :.:.:.:..:.:..: ........... :.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:... HIGHWAY ORIENTED COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Highway Oriented Commercial designation with the securing of a Site Development Permit: a. Businesses such as motels, sit-down restaurants (no drive-thru restaurants), service stations, and other similar uses that provide services and merchandise primarily to highway travelers. RETAIL COMMERCIAL DESIGNATION 1. Allowed Uses The following uses are allowed in the Retail Commercial designation with the secudng of a Site Development Permit: .................................................. St a. Retail ~o.~i~er.c.:Jatores ""'-',,'~'-'- ',..-,,~, .:,:.:,:.:.:,:.:,:.:.:.:.:,:,:.:,:.:.:.:,:.:.:.:.:.;,:.:,:.:.: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ell . r-,.4, UL~/I I l~,/LlVWr../ I,J/M,I Lt.J ULI I~,a [J~l.J%./~J~.)t.,)~,,/I ,-,,-~,.,-I~,n rVNn~,N,';,NIc- IN..IL, ,',N~,N;I ;-..:.:.:. .:.:.;.:.:.;.:.:.;.;.;.;.:.:.:.:.:.:.;.;.;...:.;::;;.:.:.:.:.:.;.;::.:.:;:::::.:.:.:.:.;.:.:.;::.:.;.:...;. Permitted Uses The following uses are permitted in the Retail Commercial designation with the securing of a Use Permit: a. Delicatessen, sandwich shop, or small sit-down restaurant (no drive-thru restaurants). b. Small grocery or convenience store. c. Banking facility. ,,4 /'NI~;I,,4 ,,4,N,, ,N,N,',N 4:,N,N;I;~, %.,1. %.,~1 111%4 uf,.t.]r ~[.A.i T,~ I[.A.~.~IIIL.~ , NUISANCES No lot shall be used in such a manner as to create a nuisance to adjacent parcels. Proposed uses shall comply with the performance cdteria outlined below. a. All activities involving the storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion by adequate fire-fighting and fire suppression equipment and devices standard in industry. All incineration is prohibited. b. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the 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 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 a. sound is generated, shall not be obnoxious by reason of its intensity or pitch, as determined by the Planning Commission. Standards prescribed in the Ukiah Municipal and/or City General Plan shall be the criteria for determination. 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 requirement 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 Ukiah Municipal Code regulations. 2. Prohibited Uses or Operations Industrial uses such as petroleum bulk stations, cement batching plants, pulp and paper mills, lumber mills, refineries, smelting plants, rendering plants, junk yards, auto wrecking, and similar "heavy industrial" uses which typically create external and environmental effects are specifically prohibited due to the detrimental effect the use may have upon the general appearance, function, and environmental quality of nearby uses. '- .... * ~ .... -'--*; ........ ;,-,~ ~, ........... -',~-,--,-'~, .... DEVELOPMENT STANDARDS The following standards have been established to ensure compatibility among uses and consistency in the appearance and character of development. These standards are intended to guide the planning, design, and development of both individual lots and the 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 = e 1 =, Minimum Lot Requirement The minimum lot area shall be 20,000 square feet. Each lot shall have a minimum frontage of 100 feet on a public street. Except for lots fronting on Airport Park Boulevard, or other public streets shown on the Land Use Map, access easements to a public street may be authorized in lieu of public street frontage in the discretion of the appropriate decision-maker and with the approval of the City Engineer. Proposed access easements shall be consistent with the standards contained in Table 4-1. The Planning Commission may approve a public street frontage of less than 100 feet for lots located on cul-de-sacs, street curves, or having other extraordinary characteristics. Maximum Lot Coveraqe No more than 45 percent of the lot shall be covered by a building or structure. Parking lots and landscaping areas shall not be included in the calculation of lot coverage. 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 40 foot setback from the property line adjacent to the freeway. Structures shall be setback a minimum of 25 feet from the side property lines, and shall comply with emergency vehicle access requirements. Maximum Building Height The maximum height of any building or structure shall be 50 feet. Mechanical penthouse and equipment may extend an additional 10 feet beyond the maximum building height. Additionally, all development within the Airport Industrial Park shall comply with the Federal Aviation Administration side slope criteria. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Sm g w 8~ . 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. The maximum fence height shall be six (6) feet from finished grade. 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. Public Utility Easement All lots shall provide a 5-foot easement in the required front setback for the provision of utilities. Sidewalk Requirements Lots with frontages along the primary street shall provide a 5-foot curvalinear sidewalk located within the required front setback. The sidewalk may be located over the public utility easement. Every effort shall be made to link developments with attractive and accessible pedestrian facilities. Bicycle Lanes Bicycle lanes shall be provided on all streets according to the requirements of the Ukiah Municipal Code. Development Inteqration Every effort shall be made to "master plan" development within the Airport Industrial Park. Applicants shall be encouraged to coordinate development 10 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 . 3. 4. 5. 10. 11. proposals to ensure compatible architectural themes, high quality site planning, efficient and functional traffic circulation, coordinated pedestrian circulation, and compatible land uses. Required Public Streets Lot line adjustments, parcel maps, tentative and final subdivision maps, and site development and use permits shall not be approved, unless public streets identified on the Land Use Map serving the parcels covered by the lot line adjustment, map or permit have been or will be dedicated to the City of Ukiah upon approval of the lot line adjustment, map or permit. 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 66 feet 44 feet Pavement 64 feet 40 feet a. travel lanes (2) 14 feet 20 feet b. left tum lane 12 feet 12 feet Curbs (both sides) 1 foot 1 foot Cul-de-sac (tum-arounds) 100 feet diameter Curb Returns Radius 35 feet 35 feet 32 feet 30 feet 15 feet 12. 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 tuming movements, consistent with the 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 13. requirements of the City Engineer. b. Every effort shall be made to design common driveways for individual developments. No Talmage Road access shall be permitted for Parcel A1A. All major driveways, as determined by the City Engineer, shall have left turn pockets in the median area where feasible. Deceleration and acceleration lanes shall not be required unless the City Engineer determines they are necessary to ensure safety and efficient traffic flow. Minimum Parkinq and Loadin,q Requirements 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 provided use. Adequate apron and dock space also shall be provided for truck maneuvering on individual lots. 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. 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. 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 C. e, ao b. co do 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 a mixed use development, or use not specifically described in the Ukiah Municipal Code, and findings that otherwise demonstrate no on-street parking congestion will result. 14. Siqna~e Except as indicated below, building identification and other signs shall generally comply with the sign regulations for industrial, commercial and office land uses contained in the Ukiah Municipal Code. a. All proposed development projects shall include a detailed sign program. Proposed signage shall be reviewed on a case-by-case basis, and the Planning Commission may deviate from the provisions of the Ukiah Municipal Code to avoid an "over-cluttering" and dominance of signs. b. The intensity of proposed signage shall be generally consistent with the signage of surrounding developments, and shall stress simplicity in terms of color, message, and size. c. All signs visible from Highway 101 should be small and unobtrusive. d. Sign lighting shall be kept to a minimum, and shall not reflect onto nearby roadways or adjacent land uses. DESIGN GUIDELINES The following guidelines shall be used by the Planning Commission when approving a Site Development or Use Permit to ensure high quality design, and the coordination and consistency of development. 1. Landscaping and Open Space a. A comprehensive landscape plan shall be submitted for review and approval as a part of the Site Development or Use Permit process. b. Existing trees shall be retained whenever possible. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 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 used to screen parking lots, loading docks, and storage areas. g. Landscaping in parking lots shall include a variety of tree species that will provide sufficient shading in the summer. The majodty of parking lot trees shall be deciduous and fast growing. h. The exact number of parking lot trees shall depend upon the size of the parking facility, the type of land use, and the species of tree used. The Planning Director shall determine the appropriate number of trees for parking lots on a project-by-project basis. i. At a minimum, fifteen percent (15%) of the entire parcel shall be landscaped with planting materials. The Planning Commission may reduce this requirement if special circumstances applicable to the size or configuration of the property exists, or if unique circumstances associated with the use would preclude a fifteen percent (15%)landscaping coverage. j. Landscaping plans shall focus on native, drought tolerant plant species with vaded flowering pattems. k. Large turf/lawn areas shall be discouraged in the overall landscaping plan. I. All landscaping shall be propedy maintained. Orientation and Location of Buildinqs a. The location of buildings shall be coordinated with other buildings and open space on adjacent lots, and should include design elements, oriented 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 w 1 . 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 Desiqn 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. 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 corrugated metal where it is compatible with adjacent structures, and the overall appearance and character of the Airport Industrial Park. Li~htin.q a. A lighting plan shall be Submitted for review and approval with all Site Development and Use Permit applications. b. Lighting for developments shall include shielded, non-glare types of lights. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Bi c. Lighting shall not be directed towards Highway 101, the Ukiah Municipal Airport, or adjacent properties. 6. Desiqn 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. 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 Nine 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. b. All Use and Site Development Permits for proposed developments within the Airport Industrial Park require City Planning Commission review and action. c. Decisions on Site Development and Use Permits made by the City Planning Commission are appealable to the City Council by any interested party. 16 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 headng 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 headng before the City Zoning Administrator. e. The Zoning Administrator's decision on minor modifications to an approved Site Development Permit or Use Permit is appealable directly to the City Council. The Planning Commission's decision on major modifications to an approved Site Development Permit or Use Permit is appealable to the City Council. Building Modifications a. Extedor modifications to existing buildings shall be designed to complement and harmonize with the design of the existing structure and surrounding developments. b. A Site Development Permit shall be approved by the Planning Commission for all extedor modifications to existing structures, site design, and landscaping within the Airport Industrial Park. The application procedure shall be that prescribed in the Ukiah Municipal Code. 17 ~i~~· mmmmmmmmm m mm mm mmmmmmmmm mmmmmmmm mmmemmem mmmmmmmm mmmmmmm mmemmmm mmmmmmm Airport Industrial Park Land Use Map Phillil~ Ashiku, I)I)S Mark Ashiku, I)I)S C!1'\" OF Sill K tJ 1995 September 26, 1995 CiTY CLERK DEPAR'I MEN"[ Honorable .Mayor and Members of the City Council: I strongly urge the City Council to delete residential uses and day care from the draft Planned Development Ordinance for the Airport Industrial Park as recommended by the Planning Commission, for the following reasons stated at the September 13, 1995 meeting but not fully accounted in the Minutes. 1. The above stated uses are incompatible with industrial uses that may locate in the park, and may therefore inhibit the establishment or operation of such industrial uses. 2. Incompatibility with the Airport Land Use Plan and airport operations and safety, which may result in (a) impacts to the proposed uses and (b) ultimately, pressure to restrict airport operations. 3. While mixed use development and the provision of affordable housing are laudable goals, the industrial park is the wrong location. The location of affordable housing in an industrial park only serves to isolate and relegate these populations to locations which make poor quality living environments due to noise, safety issues, traffic, emissions, aesthetics, and lack of a sense of neighborhood. 4. The Airport Industrial Park Environmental Impact Report serves as the environmental document for the PD ordinance. However, the EIR did not evaluate residential and day care uses, which are incompatible with industrial and airport uses. The EIR should be amended or a subsequent environmental document prepared and subjected to the public review process, prior to adoption of the PD ordinance. Sincerely, Phillip Ashiku, Chair Ukiah Planning Commission cc: Bob Sawyer, Planning Director GENERAL DENTISTRY 707 468-0478 · 724 S. Dora, Ukiah, CA 95482 ° 707 468-9364 AGENDA SUMMARY ITEM NO. 8a DATE: October 4. 1995 REPORT SUBJECr: Discussion Concerning City Sponsored Ballot Measure Wording and Strategy for Council Appointed City Treasurer and City Clerk Positions for March 26, 1996 Special Election I. Adoption of Resolution Requesting Mendocino County to Allow Consolidation with California Direct Prinmry Election of March 26, 1996 During the July 1995 budget hearings, Council determined to place two ballot measures regarding appointive City Clerk and City Treasurer and call a special election to coincide with the Presidential Primary, March 26, 1996. Funding was added to the election account to cover the cost of this consolidated election. At that time several Cotmcilrnem~ expressed their intent to be more proactive than the last proposal to the voters (November 5, 1991) to change the elected City Clerk and City Treasurer positions to be appointed by Council. Attached for Council review is information regarding the City of Capitola's recent successful ballot measure to convert the elected City Clerk position to appointed, the City Manager's staff report (July 19, 1991) initiating the November 5, 1991 Special Election, and Interim City Manager Richard Watson's January 11, 1990 recommendation regarding the City Clerk and City Treasurer positions. Discussion of, and direction to Staff for, the wording of the rreasure argument are requested from Council at this time; final wording, reflecting the Council's direction, will be adopted at the October 18th meeting. Approval of the agreement with the County of Mendocino for the election is also required. The agreement is the standard we have used in the past, with an estimated cost of $10,000 (budgeted amount). The timeframes for this election include notice of the ballot and rebuttal arguments for a ten day period each during the month of November, after the County Board of Supervisors has approved the consolidation agreement, either October 31 or November 7. The City Clerk met with the County Clerk, who verbally approved the proposed agreement (no changes from past arrangements) for the City's Special election addition to the Presidential Primary ballot. She encouraged an early timeframe to allow for necessary printing and noticing. RECOMMENDED ACI1ON: 1) Discuss strategy to promote City sponsored ballot measures; 2) provide clear direct/on for argument wording (300 words maximum) which will be returned for Council approval on October 18, 1995; and 3) adopt Resolution calling Special Election and approving agreement with Mendocino County to provide election services for the March 26, 1996 Presidential Primary. ALTERNArI1VE COUNCIL POLICY OPTIONS: 1. Determine Special Election is not desired and take no action. 2. Determine precise wording ballot measure at this meeting _and approve as stated. Account No. (If not budgeted) N/A Account No. 100-1105-250 Appropriation Requested: N/A $20,000 Citizen Advised: N/A Requested by: City Council ./ Prepared by: Cathy McKay, City Clerk~/'!/t Coordinated with: Candace Horsley, City M~aiger Attachments: 1. Resolution with Exhibit A 2. Information from City of Capitola 3. November 5, 1991 City of Uldah offical ballot measures, arguments and vote coum, 4. July 19, 1991 City Manager recommendation 5. Interim City Manager R. Watson's report of July 11, 1990. APPROVED: Candace Horsley, City Manager 1 RESOLUTION NO. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING SPECIAL ELECTION, CONSOLIDATING SPECIAL MUNICIPAL WITH PRESIDENTIAL PRIMARY ELECTION, APPROVING AGREEMENT TO PROVIDE ELECTION SERVICES, PRESENTING BALLOT MEASURES TO MAKE CITY CLERK AND CITY TREASURER POSITIONS APPOINTIVE RATHER THAN ELECTIVE, TI~ANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS, AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES WHEREAS, 1. The City Council of the City of Ukiah has determined pursuant to Elections Code Section 2560 to call a Special Election for March 26, 1996, to consolidate the Municipal Election with the Presidential Primary and to contract with the County of Mendocino to conduct the election on the City's behalf; and 2. The City Council has determined to present two propositions at the Special Election to make the City Clerk and City Treasurer positions appointive rather than elective; NOW, THEREFORE, BE IT RESOLVED that; 1. A Special Municipal Election in the City of Ukiah is called for March 26, 1996. 2. The Special Election is consolidated with the Presidential Primary for 1996. 3. The Mayor is authorized to sign on behalf of the City, the Agreement between the City of Ukiah and Mendocino County for Election Services, a true and correct unsigned copy of which is attached hereto as Exhibit A and incorporated herein by reference. 4. The following two ballot propositions shall be presented to the voters at the special election: MEASURE A Shall the office of City Clerk be appointive? / / Yes / / No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEASURE B Shall the office of City Treasurer be appointive? / / Yes / / No 5. The City Clerk shall transmit a copy of the ballot measures set forth in paragraph 4 to the City Attorney for the preparation of an impartial analysis as required by Elections Code Section 5011. 6. The City Council shall file ballot arguments in favor of the ballot measures set forth in Paragraph 4 as contained in Exhibit B which is attached hereto and incorporated herein by reference. If any argument is submitted in opposition to the measures, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections Code Section 5014.5. PASSED AND ADOPTED this 4th day of October, 1995, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, a Special Municipal Election has been set for March 26, 1996, the same day as the Presidential Primary Election, and the City Council of the City of Ukiah desires that the County Clerk shall conduct the election of March 26, 1996, for any City ballot measures submitted to the Board of Supervisors, with request for consolidation at least 88 days before the election. 1. The County Clerk shall provide the following services in connection with conducting the March 26, 1996 Municipal Election, on the City's behalf: a. Establish precinct boundaries to coincide with Statewide Election. b. Designate polling places and appoint election officers. c. Notify election officers of their appointment and instruct inspectors concerning their duties. d. Appoint and pay election officers. e. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up of voting booths. f. Publish lists of precincts, election officers, polling places and hours polls will be open. g. Verify signatures appearing on candidate's nomination papers. h. Provide sample ballots to each voter. i. Receive absent voter applications; supply absent voter ballots to applicants; accept absent voter ballot returns; retain custody of absent voter ballots; and count absent voter ballots. j. Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council. 2. The City Clerk of the City of Ukiah shall be responsible for: a. Ail functions of the City Clerk relative to arguments concerning City measures as set forth in Article 4, Chapter 3, Division 5 (Section 5012) of the Elections Code, including filing and accepting notices required. b. Publication of the Notice of Election. c. Publication of names of Candidates, as required by law. d. Distribution and receipt of nomination papers. e. Receipt of Candidate's Statement. f. Receipt of campaign statements and disclosure statements as required by law. 3. In consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment. 4. Payment for services due under this agreement shall be made after billing is submitted by the County of MENDOCINO. DATED: CITY OF UKIAH, CALIFORNIA BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA BY: BY: Mayor Fred Schneiter ATTEST: Chairman of the Board, Seiji Sugawara BY: BY: Cathy McKay, City Clerk Joyce Beard Clerk of the Board Capitola's Measure J passes Sentinel staff report CAPITOLA -- In a close race, Capitola residents appeared to have voted in favor of making city clerk an appointed position. In unofficiai results Tuesday, 38 more votes were cast for Measure J than against it. Tuesday's count showed that 1,432 votes were cast in support of the measure compared to 1,394 against it. Absentee ballots, however, could change the results. barely If it passes, it wil] change the elected city clerk's post to an ap- pointed position. Measure J 11 of 11 precincts 1 O0 percent Votes Pct Yes 1,432 51 No 1,394 49- Wednesday, Nov. 9, 1994 -- Sentinel ~.---- - Eiection '94~ ~ IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF CAPITOLA ' MEASURE J The Office of City Clerk is presently elective. Passage of this Measure would result in the next and future City Clerks being appointed by the City Council (or the City Council could delegate to the City Manager the authority to appoint the City Clerk). The duties of the City Clerk, as detailed in Government Code Section 40801 and following, include: keeping records of City Council pro- ceedings; recording in a special book every ordinance and attaching thereto a certificate stating that it is a correct copy and has been. published or posted pursuant to law; keeping custody of the City seal; and performing such additional duties as may be prescribed by ordinance. s/Richard M. Manning City Attorney ARGUMENT IN FAVOR OF MEASURE J Historically, cities have had an e!ected City Clerk who performed a variety of duties. As cities have grown and government has become more complex, the duties of the City Clerk have increased. A majority of the cities in California have appointed City Clerk positions. Today the City Clerk performs important technical and administrative duties such as preparing City Council meeting agendas, taking minutes of the meetings, preparing them on a word processor and distributing them, maintaining City ordinances, resoluticns and other important documents, publishing legal notices, monitoring Federal and State laws, and organizing and running the City elections. These tasks require professional skills and expertise and are more appropriately a staff position 'than those of an elected office. The position should be filled using standard hiring practices by objectively comparing candidates based on qualifications to perform the technical requirements of the job. Under this ballot measure the City Clerk would be hired by the City. Please take advantage of this opportunity to make Capitola city gov- ernment more efficient and cost effective. Vote 'YES" on Measure J. si Margaret Fabrizio Mayor s/Robert Garcia Vice Mayor s/Ronald E. Graves Council Member s/Stephanie Harlan Council Member -s/Michael R. Routh Council Member REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE J The argument, that appointing the City Clerk will make 'government more efficient and cost effective" is stupid. Someone, whether elected or appointed, must perform clerk duties (such as administering elec- tions, attending council meetings, etc.) and these services will be paid for. In fact, appointment may cost much more. The City Clerk salary is a fixed, nominal amount; staff on hourly or ovedime may exceed this amount by many thousands. Regardless of approach, there will be no "free" clerk. Appointing a clerk will not mean that ~the clerk will be "professional" or have any 'expertise". It will mean only that the City ~,anager and Council will decide who will be 'the next City Clerk. The value of an Independent, elected clerk may not be readily apparent. But imagine a scenario where angry citizens submit petitions to call for an election opposing something the Council has done. The City Clerk would count, verify, and disqualify petition signatures. The City Clerk would then administer the election. Now, who would you want the City Clerk to be responsible to, you or the Council? Essentially, what the Council is saying to you in attempting to elimi- nate your ability to elect the City Clerk is: "You should not be allowed to choose who will be your City Clerk. We know what's best for you. We will tell you who will be your City Clerk." No! on J s/Anthony Correia Citizen ARGUMENT AGAINST MEASURE J "Democracy" is a system of government in which ultimate political authority is vested in the people. The term is derived from the Greek words "demos" (the people) and "kratos"~ (authority). The City Clerk is democratically elected by the citizens of Capitola. The holder of this office is responsible only to the peop!e; as an elected official, the Clerk cannot be reprimanded, removed, disciplined, nor is the Clerk answerable but to the people of Capitola. "Checks and balances" is a fundamental democratic notion. The checks and balances of local civic government function to prevent the accumulation of all power in one office, or in one or several persons by giving each elective office specific duties and authori'Jes. Simply stated, the idea is to prevent an absolute or tyrannical concentration of duties, decision-making, or control in a single body, a few individuals, or a single office. The City Clerk is administrator of all municipal elections, land man- agement records, etc. The City Clerk is the historian; preserving the records of all City Council/Redevelopment Agency meetings, publishing legal notices, recording and indexing resolutions adopted by the City Council. The Clerk signs the City's warrants (checks). The City Clerk attends all the meetings of the City Council and prepares minutes thereto. The Clerk may be given additional duties as deemed necessary by the Council (Government Code Section 40812). To suc.qest that appointment is better than election to what is a "watch-doq" position defeats the very reason such an office is answerable only to the citizens. The City Manager and Council already control almost every other City function. Don't sur- render your democratic right; let's keep the City Clerk an independent, elected City office. NO! on J s/Anthony Correia Citizen REBUTTAL TO ARGUMENT AGAINST MEASURE J The City Clerk position is not a "watch dog". It is not a part of the governmental checks and balances system. The City Clerk maintains records, prepares public notices and performs a wide variety of other clerical tasks that require verifiable technical skills. These skills are clearly more appropriate for a staff person than for an elected official. Our current City Clerk does an excellent job of taking the minutes of the City Council meetings, preparing them on a word processor, preparing documents using various computer pro- grams, attending City Clerk seminars to keep updated on the latest state laws, organizing and running the complicated City elections and other important tasks. There are numerous qualifications needed to perform the City Clerk's current tasks, yet there are no qualifications for an individual to run for this office. Since anyone can run for this office, without a basic skills test, the City might not be as fortunate as we have been for the last 12 years with Para Greeninger's excellent qualifications. We need to ensure that the position is held by someone with the ability to perform these critical functions well. It is time to change this position. The City proposes to hire the most qualified person from those who apply, so we would continue to provide you with the same excellent service you now receive.' Vote Yes on Measure J. s/Margaret Fabrizio Mayor s/ Robed Garcia Vice Mayor 's/Stephanie Harlan Council Member s/ Michael R. Routh Council Member s/ Ronald E. Graves Council Member J .- FROM THE DESK OF PAMELA GREENINGER , CITY CLERK October 20, 1994 Fellow Residents of Capitola, A very important question is before the voters of Capitola at the November 8, 1994 election: "Shall the Office of City Clerk be appointive?" As your elected City Clerk for over 10 years, I feel compelled to let you know how I feel about this issue. The only requirements to run for the Office of Elected City Clerk are that you are 18 years of age, a citizen of the United States, and a registered voter in the City of Capitola. In reality, a City Clerk must possess a number of very specific skills and have knowledge of various codes in order to fully perform the Clerk's responsibilities. For that reason, I feel the City Clerk should be an appointed position, not elected. A City Clerk is a legislative professional responsible for a variety of technical duties including: Elections~ Official - administers Federal, State and Local procedures through which local government representatives (your City Council) are selected; assists candidates in meeting their legal responsibilities before, during and after an election; and, in Capitola where the City Clerk runs its own elections, knowledge of the Elections Code and Government Code are crucial. ' Legislative Administrator - the Clerk is involved in agenda preparation, notices and ~ posting of agendas, attends Council meetings, and records decisions of the legislative body (prepares minutes, ordinances, resolutions, etc.). Records Manager - it is the Clerk's responsibility to oversee the preservation a~]d protection of the public record, and ensure that municipal records are accessible to the public. The position of City Clerk is not' a "pelitical" one and has no policy making power. It is an-.?administrative'" position, and I believe it is in the best interest of our City to be able to select a Clerk who has the specific skills, knowledge, training and meets criteria established for the position to perform the job. I have attained those skills and fulfill the responsibilities of the Clerk only because I am also a part time Records Coordinator. Ideally the City Clerk should be one full time position - not part elected and part appointed. Please join me to assure our City always has a qualified "Professional" City Clerk - Vote YES on Measure J. Pamela Greening_~/Cer, ity 702 E~ DR~, ~, ~ Clerk LIJ I- 0 Jl !1 HUME :Street Address. if any, as shown on affidavit of registration Please mail ballot to me at: Name City State PERMANENT ABSENT VOTER STATUS ELECTION CODE SECTION 1451: Any voter who has lost. or has lost the use of, one or more limbs; has lost. or has lost the use of. both hands, is unable to move about without the aid of an assis- tant device (eg, canes, crutches, walker, wheel- chair); is suffering from lung disease, blindness, or ~,-,~-~1,~-,~,-~,.~,.!,-? ~!~.~,~,~-. L .... ;--:t:-- · . .... z c~ i,u zz c~ z z ITEM NO. lla DATE: July 19, 1991 AGENDA SUMMARY REPORT SUBJECT: ~TTER OF CITY CLERK AND TREASURER POSITIONS ELECTED VS. APPOINTED I. ADOPTION OF RESOLUTION CALLING FOR NOVEMBER 5, 1991 ELECTION AND APPROVING AGREEMEN~'WITH MENDOCINO COUNTY TO CONDUCT ELECTION During the last several years, the City Council has taken a number of decisive actions to bring basic good government to the City of Ukiah. Considerable progress has been made with respect to the overall philosophy and direction of our public policies, programs and activities, and with the emphasis on public service accountability, responsiveness and professionalism within our organization. The City Council and staff are charged with a considerable public trust, overseeing a $29 million municipal government enterprise, which underscores the need to further insure the expertise and professionalism of all management, administrative, technical and operational positions within our organization. (Continued on Page 2) RECOMMENDED ACTION: Adoption of Resolution calling for November 5, 1991 Special Election and approval of agreement with Mendocino County to conduct this election. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not adopt Resolution and continue the positions of City Clerk and City Treasurer as elected positions. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Chuck Rough, City Manager Coordinated with: David Rapport, City Attorney Cathy McKay, City Clerk Bob Ranochak, City Treasurer Attachments: APPROVED Acct. No.: (if budgeted) Fund Name: Memorandum from City Attorney Agreement with Mendocino County fOr Election Services Resolution calling for a Special Election Measure~, E~hibit B and Measure A 1// II This need to insure a high level of professional qualifications and expertise extends to our part-time, elected City Clerk and City Treasurer positions as well. Both positions are administrative, ministerial and technical in nature, and with the growing complexity of the world in which we operate, it becomes incumbent on those who truly believe in good government to insist that both positions are occupied by individuals who possess the requisite professional skill and expertise. This is particularly true where considering the myriad of federal and state laws and regulations that a professionally trained City Clerk must be continually aware of, and of the millions in public funds that our City Treasurer is responsible for investing on an annual basis. The City of Ukiah is long overdue in recognizing what the majority of cities throughout California already recognize - that elective positions which make or set public policy should remain elective, and those positions that are professionally-based should be appointed. The elected policy-makers serve as the citizens most effective "check and balance" on the local government system. Our City is very fortunate to have as our present incumbents two individuals who are not only highly dedicated and committed to the City they serve, but moreover, possess considerable competency and expertise in the positions they hold. Our City Clerk, on her own volition, and with the City's financial assistance, has been pursuing a three-year City Clerk Certification Program to improve and enhance her skills. Our City Treasurer has over nine years of considerable experience and expertise in financial investments for this City. Clearly, the City is at considerable risk in two important areas of our local government process should future office holders in these two positions lack the same dedication, and professional skills and expertise necessary to effectively carry out the duties and responsibilities of their respective positions. Therefore, based on the City Council's approval during our recent budget sessions, staff is recommending that this matter go before the voters on the November ballot, as two separate ballot measures. The first ballot measure, Measure A, would be asking the voters to support making the office of City Clerk an appointed, rather than elected position. The second ballot measure, Measure B, would be asking the voters to support making the office of City Treasurer an appointed, rather than elected position. In the context of the two positions becoming appointed positions, the City Manager would recommend the following: 1. The City Clerk and City Treasurer positions would remain as separate and distinct positions. They would not be merged or consolidated with other existing positions. These recommendations recognizes the separate and distinct nature of their duties and responsibilities. 2. The City Council would be responsible for appointing .the City Clerk and City Treasurer, much in the same way as presently the City Manager and City Attorney are directly appointed by the City Council. 3. The City Manager recommends that the present City Clerk and City Treasurer incumbents be appointed by the City Council to these positions, should the November ballot measures be approved by the voters. This City has demonstrated a deep and abiding respect and responsibility to the democratic process, and to the tenets of good government. This recommendation to take this important "good government" issue to the voters in our community, once again underscores our commitment to citizen participation and involvement in the decision-making process. CM2/Election MEMORANDUM DATE: January 11, 1990 TO: FROM: Honorable Mayor and Members of the Ukiah City Counc~ Richard Watson, Interim City Manager '~ SUBJECT: AGENDA ITEM 12d, MATTERS RELATING TO THE CITY CLERK POSITION For several months now I have been reviewing and observing the functions and responsibilities of the City Clerk position. The City Clerk has discussed her duties with me many times, and has indicated a desire to be involved in more projects and responsibilities. She has also asked me to review the salary of her position to determine if it is appropriate. This report will review and make several recommendations concerning the City Clerk position in regard to: overall responsibilities; elected or appointed status; salary; ;and relationship with other employees of the City. To some extent this report will also review some aspects of the City Treasurer's position. This review has included interviews with various affected people; surveys conducted of other cities; research in the League of California Cities library; and researching material on the subject, much of it provided by Cathy McKay, our City Clerk. It has been a great pleasure for me to have been able to work with both Cathy McKay and Bob Ranochak, our City Treasurer. They are very dedicated to their positions and have provided valuable services in behalf of the citizens of Ukiah. The observations and recommendations in this report will not deal with the current incumbents of the positions, but will rather be my recommendations of what I feel is in the best interest for the City for the positions. BACKGROUND Our current City Clerk has been in office for one and a half years. Cathy is serving in her first term. Yvette Hayes served as City Clerk for two years prior to Cathy. Hattie Tillotson for twenty years prior to that. The City Manager served as City Clerk between Yvette and Hattie. Hattie also served as Secretary to the City Manager. On June 5, 1984, the question of whether the position of City Clerk should be appointive went to the voters. I have been told that it was supported by only three of the then Councilpersons. The question was defeated by a no vote total of 2,154 and a yes vote of 1,650. On my arrival in May, 1989, Cathy met with me and expressed that she felt she was being underutilized. After discussions with her I ended up agreeing with her. She was not being included in the general weekly staff meetings. It - 1 - seemed that she was also not being included as a full member of the management "team," and that the potential for using her services in other areas was not being developed. I believe that we have changed much of this during the past eight months. Under Cathy's leadership we have also made great strides in indexing past Council actions. Cathy has also expressed a desire to be more involved in the agenda process, and also has indicated that she feels that she may need a deputy, because of work load and also to serve in her place when she is gone. Cathy feels that a deputy would provide continuity, stability, and support in the City's Clerk's department during the City Clerk's absence. She is suggesting a part-time position. Cathy is working in a part-time capacity, devoting approximately 30 hours per week. Her salary is set by ordinance, and currently is at the rate of $1,250 per month. THE CITY CLERK POSITION IN CALIFORNIA In California there are two ways to become a City Clerk. One is to be elected by the voters of the community and the other is to be appointed by either the City Council or City Manager. This may be the case for either charter or general law cities. Government Code Section 36501 sets forth the governing officers of the city, one of which is a City Clerk. In order for the office to be appointed the question must be at sometime put to a vote of the people (G.C. 36408). Statistically, in the State of California approximately 30% of the City Clerks are elected to their office. This figure includes both general law and charter cities and was established during a survey conducted by the International Institute of Municipal Clerks. In making this elective office appointive, general law cities, like Ukiah, follow Government Code Sections 36508-36509. This decision is a result of a vote of the people. Compensation for elected clerks is fixed by ordinance or resolution. Bonds are required to be executed to the city upon assumption of office in an amount recommended by the City Attorney and fixed by resolution of the City Council (G.C. 36517, 36518). The appointed City Clerk is responsible to the City Council and/or the City Manager. Each city is somewhat different from the next in the appointive procedure. Generally, however, the recommendation is made by the City Manager and accepted by the City Council. The appointive powers of the City Council come into action at the adoption of the election results where the question was decided in favor of appointment (G.C. 36508-36511). Whether appointe~ or elected, the City Clerk is required to accomplish certain duties. These duties are partially spelled out in Government Code Section 40800 et seq. These duties include: recording the proceedings of the legislative body in books with comprehensive general index; recording and certifying all ordinances in an appropriate book; being custodian of the City seal; administering oaths, taking affidavits and depositions. The duties -2 - relating to accounting officer and financial statements do not apply in Ukiah since we have a Director of Finance. Likewise, the duty of ex-officio assessor does not apply since the assessment and collection of city taxes is done by County officers. Additional duties may be prescribed by local City Ordinance. In Ukiah, the City Clerk also serves as Secretary to the Redevelopment Agency; is in charge of the records management system for the City; conducts elections; receives petitions relating to initiatives and referendums and/or recalls; maintains Maddy Act appointive lists; conducts annexation proceedings; attests to subpoenas; files claims for damages; notices public hearings; serves as officer for the Fair Political Practices Commission regulations; receives and opens bids; carries out secretarial duties as requested by the City Council; and answers citizen inquiries made by telephone or in person. OVERALL RESPONSIBILITIES The availability of time has not allowed me the opportunity of fully investigating reasonable additional responsibilities that the City Clerk should have. Clearly, there are some apparent inconsistencies which should be corrected. One is in the resolution establishing procedures of conduct of the City Council meetings. Section 6 states that the City Clerk shall prepare the agenda of all such matters (to be submitted to the City Council) under the direction of the City Manager. It is not clear as to whether this pertains to only the agenda itself, or to the agenda packet as we prepare it for you. Our practice has been for the City Clerk to receive agenda materials and transmit them to the City Manager's office, who in turn puts the agenda together. It does require that there be a very close working relationship between both of these offices. The City Clerk has undertaken the responsibility of transcribing and typing the Council minutes. This has been an excellent example of working together as a team, and has relieved ther City Manager's Secretary of that responsibility. It has also proved to be more efficient, and should be continued. I disagree that there should be an additional part-time position serving as Deputy City Clerk. The City Clerk could deputize the City Manager's Secretary, which is consistent with past practice, or the City Manager himself. However, Cathy feels that a Deputy should be fully accountable to the City Clerk, not the City Manager or his Secretary. I believe this would create a problem of dual supervision which could lead to confusion, divided loyalties, and inefficiency. ELECTED/APPOINTED QUESTION The League of California Cities has prepared an excellent review on this question. It is reproduced below: "City Clerks and Treasurers APPOINTMENT OR ELECTION? This monograph addresses the subject of controversy, should a city elect or -3- appoint its clerk or treasurer. The League of California Cities does not give any specific recommendations as to the policies to be considered in any given city, and this monograph is intended to be strictly informational and should not be construed as a recommendation by the League either for or against appointive or elective positions. However, this general subject has been considered by a number of cities and many letters have been written by the League staff addressed to this particular problem. The following are extracts from these letters: 'In early days it was believed that the clerk and the treasurer should be elected to serve as a check upon the actions of the city council, particularly' with regard to the expenditure of public funds. You must remember that the legislation calling for these elected positions was written into. state law as early as 1879. Since that time there have been many major changes in the organization and administration of cities which, together with improved techniques in finance administration, have outmoded the check and balance idea. As an example of what I mean, practically every city now has an annual audit by an outside auditor, which has the effect of checking upon the proper expenditure of public funds. In addition, most cities have adopted a budget procedure which gives the city a financial plan for the year and further circumscribes the general expenditure program of the city. At the same time that these techniques were being developed, the financial administration of cities was becoming more complex, thereby focusing more attention upon the competency of the fiscal officers of cities. Down through the years, it has become of more and more importance that the fiscal officers be well qualified by training and experience to do the job at hand than that they be selected on the basis of popularity in the community and on vote-getting ability. Another thought held by advocates of appointed city clerks and treasurers is in regard to civil service. When a city treasurer and city clerk are appointed, they may be blanketed into an existing civil service standing. It is also unnecessary for these officials to stand the expense of an election every four years and to run the risk of being defeated after having given many years of service to the city. Zt has also been observed that from the point of view of sound administrative organization, people who have given a lot of attention to this subject: believe that public officials or employees who are engaged primarily in an administrative function should be appointed rather than elected. It: is also generally accepted that the work placed upon clerks and treasurers is now primarily administrative in character. There are few public policy questions involved in the day-to-day duties now imposed upon these positions. In summarizing the attitude of the public on this issue, it is generally true that ci. tizens are reluctant to give up the power to elect any public officers. There is a natural antipathy to surrendering the power to vote for any public official. Municipal history in California indicates that it is most difficult to secure voters' approval of the appointed system unless the incumbents are wholeheartedly in support of the program. The major arguments used by elected incumbents against a change were as follows: -4- 1. The elected officers, both of which have statutory fiscal responsibilities, serve as "checks and balances"--protecting the people from illegal expenditures which might be made by city councils and serving as a contravailing force against arbitrary and excessive exercise of powers by city councils; 2. Fiscal affairs of the city are more directly controlled by the people when these positions are elected. When fiscal officers are elected, they are not beholding to other city officials. The fragmentation of power keeps governments honest and close to the people. The people disenfranchise themselves of a direct voice in city government when these offices are made appointive and is another link in the chain of centralizing government, thus insulating government officials from control by the people. Appointed officers cannot be recalled. 3. Those controlling the purse-strings should always be in the position of having their honesty and integrity presented to the electorate for voter approval. The major arguments used in favor or a change to appointed clerks and treasurers are: 1. The clerical and fiscal duties of clerks and treasurers are fundamentally ministerial, administrative and technical in nature, rather than policy-making. The election process has proved to be less effective in selecting officers having such skills than the appointive process, especially ~%en selection by appointment is governed by rules set forth in a merit system or formal civil service; 2. Duties of elected officers are necessarily assigned by law. Because of the variation in size and administrative organization of cities, the law prescribed an illogical division of functions and duties for these offices with respect to most cities; 3. The "checks and balances" philosophy no longer applies to these positions because practically every city has an annual audit prepared by an outside auditor. In addition, most cities have adopted budgets, budgetary and other fiscal controls which circumscribe the expenditure programs of cities; 4. Clerical and fiscal procedures are becoming increasingly complex. Clerks and treasurers no longer have time to campaign and maintain political support in the community. Their time can be better spent acquiring new and improving existing techniques; 5. Fidelity bonds safeguard public funds; and 6. The city council is elected to be responsible to the people for expenditures. If the council is arbitrary or excessively exercises power, the electorate can turn them out as easily as they can an elected clerk or treasurer.'" The review of the City Clerk position in California reviewed in the section above points out that 30% of California's City Clerks are elected. We conducted our own survey of the 64 cities with City Clerks in California cities with populations of 10,000 to 25,000. We found that 26 cities had elected City Clerks, and 38 had appointed City Clerks. In the case of the appointed City Clerks, 20 of them served in other full-time capacities including: City Manager's Secretary; Finance Director; Personnel Director; Assistant City Manager; General Services Director; Recreation -5 - Director; and in five cases, City Manager. The latter is the prevailing trend, as indicated by the attached Exhibit A, a survey of cities with the same person as City Manager and City Clerk. There are 71 in California. There appears to be overwhelming support in California for the City Clerk position being appointed rather than elected. And I believe that the arguments used in favor of a change to appointed clerks (and treasurers) in the League review above are very convincing. For these reasons, as well as assurance of future stability and effectiveness and efficiencies in the operation of the City Government, I believe that the City Clerk position in Ukiah should become appointed. We cannot always be assured that the working relationships with the City Clerk can be as smooth as they are now with Cathy McKay. The same is true of the City Treasurer. Bob Ranochak has done a superb Job of investing a very large portfolio of funds. We are fortunate to have Bob, especially with his background which is well suited to finance. But, we cannot always be certain that individuals with his knowledge of complicated fiscal matters will be available to run for the position, or will be as committed or dedicated as he is. Therefore, I recommend that the City Council direct the City Attorney to prepare the necessary documents to transmit both questions concerning appointment of the Clerk and the Treasurer to the voter in June of 1990. As I recall, this must be accomplished prior to 89 days before the election. This means you should probably take your actions by the second Council meeting in February. Both incumbents would serve out their terms until June of 1992, which will allow for a period of transition should the voters approve the issue. If approved, I suggest that the Treasurer function be assigned to the Director of Finance. SALARY Exhibit B is the survey of the 64 cities referred to above, and includes the salaries for most of the City Clerks. The median average of elected City Clerks was $510 per month. Eighteen cities paid $1,000 a month or less, with a $300 median average. Eight cities paid $2,000 or more, with a median average of $3,272. We found the salaries of 26 of the 38 appointed City Clerks (many were paid as another full-time position). The median average of the 26 cities was $3,140 per month. I was unable to investigate more fully why there is such a great disparity between appointed and elected salaries. However, one of the reasons has to be that in many of the elected cases the incumbent serves only part time. Cathy McKay also completed her own survey, and it is attached as Exhibit C. In my own analysis of her survey, I have omitted the three cities showing elected/appointed status. This leaves 11 cities, 3 elected and 8 appointed. Three of the appointed have other full-time duties. The median salary of the appointed positions is surprisingly close to those of the survey I conducted, almost $3,000 per month. If our position became full-time appointive, we would be looking at a salary in this neighborhood. -6- The last salary increase for City Clerk was by Ordinance 856 in 1986. The salary was set at $1,250 per month. That salary is higher than the median shown in my survey, but I believe that it should be because she does serve at least 3/4 time, and has taken on additional responsibilities. The City Clerk does not receive paid health and retirement benefits. I recommend that she does receive these benefits, and further I recommend that her salary be increased to $1,500 per month while in an elected capacity, which should approximate increases given to other employees during this period of time. Further, I recommend that the upcoming compensation study to be conducted by an outside consultant include the City Clerk position. The last time the City Treasurer position salary was increased was in 1986 by Ordinance #857. It was set at $7,500 per year. I recommend that it be increased to $9,000, and further that the position be paid health and retirement benefits. I believe that this will be somewhat equivalent to increases given to other employees during this time period. This position as well should be included in the compensation study. RELATIONSHIP WITH OTHER EMPLOYEES The City Clerk should continue to be treated as if a Department Head and be considered a valuable member of the City Management team. I have appreciated her willingness to participate. It has helped in enhancing overall productivity and understanding. CONCLUSIONS AND RECOMMENDATIONS The elected City Treasurer position was established by Ordinance #187 in i910, and the City Clerk apparently by Ordinance #288 in 1929. Much has happened in the years since, especially in the manner in which Ukiah is governed. Government has become much more complex, laws have changed operations considerably, and a much greater degree of professionalism exists now. It is time for Ukiah to do what other cities have done, modernize its approach to both its City Clerk operation as well as those functions performed by the City Treasurer by making both positions appointive. In summary, the major recommendations in this report are: 1. Place the question of elected/appointive status of the City Clerk and Treasurer before the voters in June, 1990. 2. That no additional personnel be added to the City Clerk's Department. 3. That the City Clerk deputize either the City Manager's Secretary or the City Manager himself. 4. That the salaries and benefits of the City Clerk and the City Treasurer be adjusted by ordinance, as recommended in this report. RW:ks R:Sec3 - 7 - CITIES WI~ 5 SAME PERSON AS CITY MANAGER AND CITY CLERK Agoura Hills Arcata Atherton Belvedere Bishop Bradbury Brentwood Brisbane California City Carpinteria Colma Corte Madera Cotati Cudah¥ Cypress Danville Davis Duarte Dublin East Palo Alto Escalon Exeter Firebaugh Fortuna Gonzales Grass Valley Gridley Indian Wells Lafayette La Habra Heights La Puente La Quinta Los Alamitos Los Banos Marina Maywood Mendota Merced Moraga Morro Bay Orinda Oroville Paci fica Palmdale Paramount Paso Robles Piedmont Pleasanton Porterville Riverbank Rohnert Park Rolling Hills Estates San Fernando San Ramon Santa Rosa Saratoga SebastoDol Simi Valley Stanton Sunnyvale Temple City Tiburon Union City vernon Villa Park Weed Westlake Village Willows Yreka · citydoc.pss Revised 12/19/86 EXHIBIT B CITY CLERK · 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. X X X X X X X X X X X X X X X X X X X X X X X X X CITY Albany Arcata Arroyo Grande Artesia Atascadero Atwater Banning Barstow Benecia Brawley Calexico Carpenteria Ceres Commerce Coronado Cudahy Delano Denuba Dublin Duarte E1 Cerrito E1Segundo Fillmore Folsom Hermosa Beach Hillsborough Hollister Imperial Beach La Palma TOP SALARY $2,805 2,929 2,820 5O 110 75O 3,321 827 420 327 150 4,295 3OO 25O 3,147 3,329 6OO 2,140 2,649 1,245 1,000 325 3,223 EXHIBIT B CITY CLERK · 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. o'o X X X X X X X X X X X X X X X X X X X X X X X X X CITY Albany Arcata Arroyo Grande Artesia Atascadero Atwater Banning Barstow Benecia Brawley Calexico Carpenteria Ceres Commerce Coronado Cudahy Delano Denuba Dublin Duarte E1 Cerrito E1Segundo Fillmore Folsom Hermosa Beach Hillsborough Hollister Imperial Beach La Palma TOP SALARY $2,805 2,929 2,820 5O 110 75O 3,321 827 420 327 150 4,295 3OO 250 3,147 3,329 6OO 2,140 2,649 1,245 1,000 325 3,223 ITEM NO. nh DATE: October 4, 1995 AGENDA SUMMARY REPORT SUBJECT: PROPOSED LEASE AGREEMENT WITH MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY FOR HOUSEHOLD HAZARDOUS WASTE STORAGE AND TRANSFER FACILITY SITE ADJACENT TO THE CITY'S SEWER TREATMENT PLANT Mendocino Solid Waste Management Authority's (MSWMA) request to lease City-owned property located west of the Sewer Treatment Plant and north of the County Animal Shelter for the purposes of siting and operating a Household Hazardous Waste Storage and Transfer Facility was presented to the City Council for consideration at their meeting of August 16, 1995. Council directed City staff to draft a lease agreement for further consideration by the Council. The attached Ground Lease Agreement has been prepared by the City Attorney and reviewed by Mike Sweeney, MSWMA Manager. The attached draft Agreement is subject to minor changes as the parties work out details, however, it is believed that a lease agreement satisfactory to both parties can be produced. Examples of the type of details being worked out are indicated in the attached fax from Mr. Sweeney. Continued on Page 2) RECOMMENDED ACTION: Authorize the City Attorney to make minor changes to the attached Lease Agreement for the Household Hazardous Waste Storage and Transfer Facility, which can accommodate reasonable changes as requested by MSWMA, and authorize the Mayor to execute said Agreement. All revenues from said lease are to be deposited into the General Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Provide further direction to staff Appropriation Requested: N/A Citizen Advised: N/A Requested by: MSWMA Prepared by' Rick Kennedy, Public Works Director/City Engineer ~ Coordinated with: Candace Horsley, City Manager David Rapport, City Attorney Mike Sweeney, Director of MSWMA Attachments: 1. Draft Lease Agreement 2. Excerpt of City Council minutes of August 16, 1995 3. Fax from Mr. Sweeney R:4/CM:ASRMSWMA ~ The proposed leased site is located on an undeveloped strip of land lying within the Sewer Treatment Plant parcel, but outside and west of the Plant's perimeter fencing. This strip of land is also located adjacent to and north of the leased site for the County's Animal Shelter. The site to be leased is depicted and described in Exhibit "A" of the proposed Lease. As requested by MSWMA, the term of the Lease is for five years, with an option to renew for another five years, at a yearly lease amount of $1.00. As described by MSWMA's Manager, the proposed facility is to be used for the storage and transfer of household hazardous waste materials, which have been collected by the Hazmobile. This facility will not be open to the public as a drop-off or collection facility. The facility will consist of an open- sided, pre-fabricated metal structure on a concrete slab, secured with perimeter fencing and gates. Hazardous materials will be stored in hazardous waste lockers until a sufficient amount of material has been collected for final pickup and transfer by a hazardous waste contractor. The Lease Agreement requires the lessee to obtain all necessary permits (paragraph 4.7) and to properly transport and dispose of all household hazardous waste, which has been stored at the facility in lawful disposal sites (paragraph 4.2). Staff is recommending that Council authorize the Mayor to execute a Lease Agreement for the Household Hazardous Waste Transfer and Storage Facility that includes most provisions represented in the attached draft, and authorize the City Attorney to make minor changes prior to the Mayor's execution, which can accommodate reasonable changes as requested by the MSWMA Manager. GROUND LEASE AGREEMENT This Lease, made this day of , 1995, by and between the CITY OF UKIAH, a general law municipal corporation, acting by and through its City Council, hereinafter referred to as "Lessor" and MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY, a joint powers agency formed pursuant to Government Code Sections 6500 et seq., hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code 37380, 37389 and 37395 to lease municipal property, and determines that the use of certain property owned by the Lessor is not required for its use at this time and is available for lease. 2. Lessee intends to lease undeveloped municipal property (hereinafter "the leased premises") from Lessor to construct and maintain a household hazardous waste storage facility for the use of the general public, including the residents of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor the leased premises located at the Ukiah Municipal Sewage Treatment Plant site, including a non- exclusive right of access thereto, as more particularly depicted and described in the attached Exhibit A, which is incorporated herein. 2. TERM. The term of this lease shall commence on , 1995, and shall continue in effect for period of five (5) years, expiring at midnight on , 2000. Lessee shall have the option to extend the lease term for an additional five (5) year period to and including midnight on, 2005, on the same terms and conditions, by providing Lessor with written notice of its intent to exercise the option not less than ninety (90) days prior to the expiration of the initial term. 3. RENT. 3.1 Amount. Lessee shall pay Lessor rent in the amount of one dollar ($1.00) per year plus any rent due under Section 6.2.F. s:\u~agrmts95~nswma.ls September 28, 1995 1 3.2. When due. Except as provided in Section 6.2.F, rent shall be due on the first day of the lease term and on that same day and month each year thereafter, or Lessee may prepay the rent for the full five year term. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes and assessments imposed on the leased premises, property located on or affixed to the leased premises, or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. 4.1 Condition of the leased premises. Lessee hereby agrees to accept the use of the leased premises in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee represents that it has made a thorough inspection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or present on the leased premises. 4.2 Use of leased premises. Lessee shall use the leased premises exclusively as a household hazardous waste storage facility ("the facility") for household hazardous waste, as defined in Health and Safety Code Section 25218.1(e), and hazardous waste collected from conditionally exempt small quantity generators (CESQC's), as defined in Health and Safety Code Section 25218.1(a), in connection with Lessee's operation of a mobile household hazardous waste collection program, which shall be made available to City residents without charge. Lessee may not use the site as a household hazardous waste collection facility as defined in Health and Safety Code Section 25218.1(f) and Lessee shall not allow members of the general public or CESQC's to bring household hazardous waste directly to the leased premises. All household and other hazardous waste stored at the facility shall be properly transported to lawful disposal sites. 4.3 Construction of improvements. Lessee shall construct on the leased premises entirely at its own expense all required improvements, including a concrete slab on grade and footings to support a prefabricated, rigid framed, open-sided, metal structure to house household hazardous waste lockers, the metal structure and lockers, a perimeter fence with locked gate, site utilities and an all weather site access road and turn around (collectively, "the Improvements."). Prior to construction, Lessee shall furnish Lessor with plans and specifications for the Improvements and associated landscaping, and the construction and/or installation of the Improvements and the installation of landscaping on the leased premises, and shall not commence s:\u~agrmts95~rnswma.ls September 28, 1995 2 construction until the Lessor, through its City Manager or his or her designee, has approved the plans and specifications. Lessee shall construct and/or install the Improvements and landscaping in compliance with the Lessor approved plans and specifications. Lessee shall construct the Improvements and develop the leased premises in compliance with all applicable city building and other code requirements and all applicable state and federal statutes, regulations and other laws. Lessor shall take all necessary steps to promptly review and approve submittals by Lessee, so as to minimize any delay in construction. 4.4 Ownership of Improvements. Ail improvements constructed by Lessee, except the prefabricated metal building, the roof structure, the fencing and the hazardous waste lockers, shall immediately become the property of Lessor. 4.5 Improvements and modifications. After its initial construction Lessee shall not make structural changes to the exterior of the Improvements, construct additional structures on the leased premises, modify the all weather ground surfaces, or change the use of the leased premises without the prior written approval of Lessor, through its City Manager or his or her designee. 4.6 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements, and a pro-rata share of the cost of maintaining the access road from Plant Road to the leased premises. Lessee shall negotiate its share of access road maintenance with Mendocino County. 4.7 Permits. Prior to engaging in any activity requiring one, Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises. 4.8 Compliance with laws. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah, the State of California, and the United States of America. 4.9 Utilities. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, and garbage collection. Lessee shall obtain permission from Willow Water District to connect to the existing water service and shall pay all related fees. Lessor will allow Lessee access to the sewer plant for the water connection and connection to existing sewer and s:\u~agrmts95\mswma.ls September 28, 1995 3 electrical services at the sewer plant, at locations and subject to conditions determined by Lessor. Lessee will pay all installation costs and fees and will install an electrical meter, comply with all policies of the electric utility and open an electrical service account with the City of Ukiah. 4.10 Maintenance of a nuisance. Lessee shall not allow the use of the leased premises, including access to the leased premises from Plant Road, to become a public or private nuisance or unreasonably interfere with the use of adjacent property by Other lessees of the City of Ukiah or private property owners. 4.11 Condition of leased premises upon lease termination. Upon termination of this lease or any abandonment of the leased premises by Lessee, Lessee shall leave the leased premises, or any groundwater or property affected by the use of the lease premises, completely free of any contamination by toxic or hazardous substances resulting from Lessee's use of the leased premises. 5. ASSIGNMENT. Lessee shall not assign this lease or any interest therein or sublease the leased premises without the prior written approval of Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from any use of the premises by Lessee, including any activities by third parties who use the leased premises during the term of this lease, with or without the permission of Lessee, or any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter. Lessee covenants and agrees to indemnify and save harmless Lessor, and its officers, agents and employees, from and against any and all claims, liability, loss, costs, or other obligations, including reasonable attorney's fees, the fees of experts, consultants, or investigators, and the costs of completely abating or cleaning up any contamination of the leased premises, waters of the State of California, or other properties, on account of or arising out of Lessee's use of the leased premises, improvements thereon, or the transportation or disposal of hazardous waste stored there. 6.2 Liability insurance. Lessee shall procure and maintain for the duration of this lease insurance against claims for injuries to persons or damages to property, including the leased premises, which may arise from or in connection with its use of the leased premises pursuant to this lease. s:\u~ag rmts95~xnswma.ls September 28, 1995 4 A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office ("ISO") Commercial General Liability Coverage Form No. CG 00 01 11 85. . ISO form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. . Pollution liability coverage at least as broad as ISO Pollution Liability Coverage Form (Designated Sites) No. CG 00 39 10 90. 5. Fire and extended coverage insurance. B. MINIMUM LIMITS OF INSURANCE Lessee shall maintain limits no less than: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the leased premises. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. o Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. . Pollution coverage. $200,000 per occurrence and $400,000 aggregate annual. If the coverage is an aggregate limit, the aggregate limit must apply separately to the leased premises or be twice the stated amount. o Fire and extended coverage insurance. Upon completion of the construction of the Improvements on the premises, Lessee shall carry fire insurance with extended coverage endorsements approved by Lessor, jointly in the names of Lessee and Lessor, covering not less than the full insurable replacement cost of the improvements. s:\u~agrmts95~nswma.ls September 28, 1995 C. DEDUCTIBLES AND SELF-iNSURED RETENTIONS D · Any deductibles or self-insured retentions must be declared to and approved by the Lessor. At the option of the Lessor, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Lessor, its officers, officials, employees and volunteers; or the Lessee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: a . General Liability and Automobile Liability Coverages The Lessor, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the Lessee, products and completed operations of the Lessee, premises owned, occupied or used by the Lessee, or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the Lessor, its officers, officials, employees or volunteers. b . The Lessee's insurance coverage shall be primary insurance as respects the Lessor, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Lessor, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. C · Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Lessor, its officers, officials, employees or volunteers. d. The Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. o Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the Lessor, its officers, officials, employees and volunteers for losses arising from Lessee's possession of the Leased Premises, pursuant to this Lease. s:\u~agrmts95~swma.ls September 28, 1995 3. Fire and extended coverage insurance . . Said policy or policies, or copies thereof, shall be deposited with Lessor, and Lessee shall pay all premiums and other charges payable with respect to such insurance. In the event of damage to any improvements on the leased premises, Lessee shall rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform Code standards. The reconstruction required herein shall commence within ninety (90) days after the damage occurs, and shall be pursued diligently to completion. Pollution liability coverage. The retroactivity date shall be the date household hazardous waste or other hazardous waste permitted by this Lease is first brought to the leased premises. The policy period shall extend to and including the date this lease terminates and the lessee shall purchase an Extended Reporting Period Endorsement. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Lessor. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. F. VERIFICATION OF COVERAGE Lessee shall furnish the Lessor with certificates of insurance and with original endorsements effecting coverage required by this Lease. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the Lessor. Where by statute, .the Lessor's workers' compensation- related forms cannot be used, equivalent forms approved by the In- surance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Lessor before Lessee takes possession of the Leased Premises. The Lessor reserves the right to require complete, certified s:\u~agrmts95\mswma.ls September 28, 1995 7 copies of all required insurance policies, at any time. If Lessee fails to provide the coverages required herein, the Lessor shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the rent which shall be due and payable within fifteen (15) days after notice to Lessee that Lessor has paid the premium. 7. TERMINATION. Failure to pay rent within fifteen (15) days of the due date, or to comply with any other provision of this lease within a period of fifteen (15) days following receipt of a written notice of noncompliance from Lessor, shall constitute a material breach of the lease and furnish grounds for termination of this lease. Lessor may terminate this lease upon ten (10) days prior written notice delivered to Lessee based on Lessee's failure to comply with the insurance requirements of paragraph 6.2. Failure to complete the Improvements and begin accepting household hazardous waste from the general public within one (1) year from the effective date of this lease shall constitute grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, and any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this Lease. In such event, Lessor shall have the right to terminate this Lease and retake possession of the Leased Premises and the Improvements. Upon termination of the lease, Lessee shall remove from the leased premises the prefabricated building, fence materials and hazardous waste storage lockers, and, if Lessor notifies Lessee to do so within thirty (30) days after the termination date, restore the leased premises to the condition it was in before the effective date of this lease. 8. HOLDING OVER. Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time during the term of this lease, with or without prior notice to Lessee, to enter upon the leased s:\u~agrmts95~mswma.ls September 28, 1995 8 premises, or any part thereof, to inspect the same, and all buildings and other improvements erected and placed thereon. 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailing party shall pay the other party its reasonable costs, expenses, and attorney's fees. ll. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. Lessor's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. Except as otherwise expressly provided herein, any written notice required by this lease shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: TO LESSOR: Mendocino Solid Waste Management Authority C/o Michael Sweeney 118 Barbara Street Ukiah, CA. 95482 City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Any party hereto may give notice of an address change under the provisions of this paragraph and thereafter all notices shall be given to that address. 14. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 15. PREVIOUS AGREEMENTS. Any and all existing statements or agreements, whether oral or s:\u~agrmts95~nswma.ls September 28. 1995 9 written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 16. BINDING EFFECT; CHOICE OF LAW. Subject to the provisions herein restricting voluntary assignment or subletting, this Lease shall apply to and bind the parties, their personal representatives, successors and assigns. This lease shall be governed by the laws of the State of California, and is to be performed in the County of Mendocino, State of California. 17. DUPLICATE ORIGINALS. This Lease 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 this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: By: FRED SCHNEITER, MAYOR City Clerk MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY By: Its: LESSEE s:\u~agrmts95~nswma.ls September 28, 1995 1 0 EXHIBIT The leased premises encompasses the following described real property: All that certain real properly situated in Lot 70 of the Healey's Survey and Map of the Yokayo Rancho more particularly described as follows: Beginning at a 3/4" iron pipe monument at the most Northwesterly corner of that certain real property delineated on a Record of Survey Map for City of Ukiah filed in Map Case 1, Drawer 10, Page 38, Mendocino County Records, and said monument being a point on the East right of way line of the Northwestern Pacific Railroad; thence South 21°32'20" East, along said East right of way line, 282.0 feet; thence North 68°27'40" East, 30.0 feet to the true point of beginning, said true point of beginning also being the Northwest corner of that real property described in an unrecorded Dog Pound Site Lease Agreement between the County of Mendocino and the City of Ukiah, executed April 14, 1971; thence North 68°27'40" East along the North line of the last described real property, 47.3 feet; thence North 21°32'20" West, 261.56 feet, to the North line of said certain real property delineated on the Record of Survey Map; thence South 83°16'10" West along last said North line, 48.93 feet; thence South 21°32'20" East, 274.07 feet, to the true point of beginning. Excepting therefrom the North 10 feet of the above described certain real properly. Together with a non-exclusive right of way for ingress and egress more particular described as follows: Commencing at a 3/4" iron pipe monument at the most Northwesterly corner of the parcel of land as delineated on the above described Record of Survey for the City of Ukiah; thence South 21°32'20" East along said East right of way line of the Northwestern Pacific Railroad, 282.0 feet; thence North 68°27'40" East, 30.0 feet to said Northwest corner of that real property described in the unrecorded Dog Pound Site Lease Agreement; thence North 21°32'20" West, 274.07 feet to the North line of said parcel of land as delineated on the described Record of Survey for the City of Ukiah; thence South 83° 16' 10" West, 31.03 feet, to the point of beginning. Together with the right to use the non-exclusive right of way for ingress and egress granted to the County of Mendocino pursuant to the said unrecorded Dog Pound Site Lease Agreement more particularly described as follows: Beginning at a point on the East right of way line of the Northwestern Pacific Railroad distant thereon South 21°32'20" East, 282.0 feet, from a 3/4" iron pipe monument at the most Northwesterly corner of that certain real property delineated on said Record of Survey Map for the City of Ukiah; thence South 21°32'20" East, 418.1 feet; thence North 84°36'30" East, 80.5 feet, more or less, to a point on the existing chain link fence line; thence North 21°32'20" West along said existing fence line, 140.5 feet; thence South 68°27'40" West, 47.3 feet; thence North 21°32'20" West, 300.0 feet; thence South 68°27'40" West, 30.0 feet to the point of beginning. 4:PW:Desc MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAM - August 16, 1995 Located in the C-1, Light Commercial Zoning District It was the consensus of Council to continue this public hearing to September 20, 1995. Recess - 10:25 p.m. NEW BUSINESS Reconvened - 10:34 p.m. 9a. Authorize the Mayor to Execute Participation Agreement with Ukiah Valley Sanitation Distriot It was the consensus of Council to continue this matter of business to the regular meeting of September 6, 1995. 9b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing city of Ukiah's Share of Geysers Effluent Project Relative to Geothermal Project It was the consensus of Council to continue this matter of business to September 6, 1995 meeting. 9c. Consideration of Mendocino Solid Waste Management Authority,s Use of City Property for Hazmobile Program The Assistant City Manager reported on the request to locate this program north of the Animal Shelter on Plant Road which is owned by the City of Ukiah. She indicated that staff will need to evaluate insurance conformance, and could negotiate and bring an agreement back to Council to approve at the next meeting, if desired by Council. It was the consensus of Council for the City Attorney to draft an agreement to return to Council and directed staff to negotiate with MSWA for insurance conformance requirements. 9d . Authorize staff to Award contracts to Metamorphosis Hydroseeding Inc. In the Amount of $12,250 and to California Conservation Corps (CCC) in the Amount of $10,000 for Erosion Control Measures at he Ukiah Landfill. Councilmember Shoemaker indicated he has information that there is another product locally, which is offered, that is comparable and questioned the possibility that this should be addressed by the city bid process. Discussion ensued, regarding sole source price and city procedures. It was the consensus of Council to continue this matter to 4:30 p.m. on August 23, 1995. M/S Shoemaker/Wattenburger to authorize staff to award contract to California Conservation Corps in the Amount of $10,000 for Erosion Control Measures at the Ukiah Landfill. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. Bb. Receive and Accept Investment Report Regarding City Investment Portfolio from Chandler Liquid Asset Management, Inc. Kay Chandler reported on the the analysis of the city's investment portfolio which addressed safety, liquidity and return, portfoliio characteristic, market value, the mortgage derivatives, compliance with State law and with the City's investment policy and the six recommendations. She noted it is a real loss when an investemnt reflects the future stream of reduced revenue that you will receive. She is basing her recommendations that these specific invetments are too great of a risk of the public trust funds, as these bonds are uncertain. Reg. Mtg. August 16, 1995 Page 8 Fax Transmittal September 26, 1995 To: Rick Kennedy City of Ukiah From' Michael E. Sweeney Mendocino Solid Waste Management Authority Phone (707) 468 9710 Fax (707) 468 3877 Number of pages including cover sheet: I Dear Rick, Thanks for the draft of the lease. , I request four changes: 1. At Paragraph D (4), it requires that pollution liability coverage be retroactive to the effective date of the lease. If the lease is made effective October 15, but we don't actually begin collecting HHW until March 15, we would be paying for 5 months of pollution liability insurance yet not engaging in any activity that created a pollution risk. Given the high cost of this kind of insurance, I think this is unwarranted. Pollution liability insurance should become effective at such time as any HHW is brought to the site. 2. Section (7) Termination -- On third paragraph, please change time period for beginning HHW collection from six months from effective date of lease to ~ In case of a maior delay by the trailer manufacturer, or truck dealer, or whatever, we could conceivably be pushed back beyond 6 months. 3. Section (7) Termination -- On five paragraph, please don't require us to remove the slab when lease expires. That is how "restore the leased premises to the condition it was in before the effective date of this lease" could be interpreted. 4. Section 4.9 Utilities -- Please add, "Lessor will allow connection to existing water, sewer and electrical services at the sewer plant, at locations and in a manner determined by Lessor. Lessee will pay all installation costs and will install an electric meter and open an electrical service account with the City of Ukiah." ' Thanks' ~(1C.~ Mike Sweeney ITEM NO. 9a DATE: October 4. 1995 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH THOMAS CONSULTING TO PREPARE STATE MANDATED COST REIMBURSEMENT CLAIMS For the past three years, Thomas Consulting has prepared the claims for reimbursement from the State for costs associated with work mandated by the State of California. Each year the State Controller's office sends a list of programs for which reimbursements can be claimed. The claims must be filed in November. Claims are made for actual costs of the prior fiscal year and estimates of costs to be incurred in the current fiscal year. To date, claims totaling $53,811 have been submitted. Of this amount 85% ($45,494) has been reimbursed to the City of Ukiah. Of the remaining amount, $4,104 is still under review by the State and $4,213 (from 1991/92)were disallowed. Costs which have been reimbursed in the past include: Regional Housing Need Determination; Missing Person Reports; Business Tax Reporting; Domestic Violence; Personal Safety Alarm; and Firefighter Clothing. In addition, the cost of preparing the claims is also reimbursable to the City. This year claims will be considered for business tax reporting, Brown Act compliance, and mandate reimbursement processing. (Continued on page 2) RECOMMENDED ACTION: Authorize the City Manager to sign the contract with Thomas Consulting for "Mandated Cost Claiming Services" at a rate of 20% of the reimbursements paid to the City by the State. ALTERNATE COUNCIL POLICY OPTIONS: 1. Not approve the contract for ~Mandated Cost Claiming Services". 2. Suggest alternative methods for preparing mandated cost reimbursement claims. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Gordon Elton, Finance Director Coordinated with: Candace Horsely, City Manager Attachments: 1. September 17, 1995 memo from Carolyn Thomas with proposed contract. APPROVED :[~O~Z~,_ _ GE:MANCOSRE.AGN Mandated Cost Reimbursement Claims Consulting Services - Continued Costs of the proposed contract are budgeted in the Finance Department Contract Services budget line - 100.1301.250. It is estimated that the costs of this contract will range between $414 and $914 in both fiscal years 1995/96 and 1996/97. The actual amount will depend on the reimbursable costs identified and the percent of the claims ultimately paid by the State. The pending claims previously submitted by the contractor, if paid in full by the State, will result in a payment of $747 to the contractor. Contractor compensation is paid in two parts. When the claims are submitted to the State for reimbursement, the contractor is paid 10% of the claimed amount. When payment is received from the State, the contractor is paid the difference between 20% of the amount received from the State and the initial amount advanced to the contractor. The resulting total compensation equals 20% of the amount the City receives from the State. GE:MANCOSRE.AGN Page 2 THOMAS CONSULTING 16812 Ocean Drive Fort Bragg, California 95437 Phone/FAX 707/964-8874 September 17, 1995 TO: FROM: SUBJECT: Candace Horsley, Acting City Manager Carolynn Thomas, Thomas Consulting State Mandate Claims Submittal Over the past three years, Thomas Consulting has worked with city staff to prepare and submit claims for costs associated with work mandated by the State of California. Each year during the month of October, the State Controller's office sends a list of programs for which costs can be claimed in November for the prior fiscal year's actual costs and estimated costs for the current year. Out of the $53,811 claimed during this three year period 85% has been paid to the City of Ukiah. Of the 15% remaining, the State Controller's office is still in the review process or has disallowed small portions of some claims. Attached is a schedule showing the amounts claimed and reimbursed. Not only are programs such as "business license reporting" and "Brown Act compliance" reimbursable, but the cost of submitting these claims is also reimbursed by the State to the City. Our total invoices to the City of Ukiah for the preparation of these annual claims has been or will be reimbursed by the State. Our current contract with the City of Ukiah expires at the end of September. We are pleased to propose a new contract for the submittal of any claims allowed by the State Controller's office during the period between October 1995 and September 1996. We look forward to working with your staff during the next year. CITY OF UKIAH STATE MANDATE CLAIMS SCHEDULE UPDATED: 9-17-95 STATE MANDATED PROGRAM Regional Housing Need Determination FISCAL YR 91/92 92/93 TOTAL PAYMENT CLAIM RECEIVED ,583 ~9,253 229 229 Missing Person Reports 89/9O 759 759 Business Tax Reporting 91192 92/93 93/94 94/95 2,920 2,404 3,859 3,859 4,682 2,0OO 2,000 2,000 Domestic Violence 91/92 3,391 3,391 92/93 709 709 Personal Safety Alarm 91/92 1,490 1,123 Firefighter Clothing 91/92 92/93 12,813 11,813 1,632 1,632 Mandate Reimburse process 91/92 92/93 93/94 94/95 1,036 1,036 4,161 4,161 1,822 4OO 725 725 TOTALS 53,811 .'.%45,494 AGREEMENT TO PROVIDE MANDATED COST CLAIM1NG SERVICES The City of Ukiah (hereinafter City) and Thomas Consulting (hereinafter Consultant) jointly agree as follows: 1. Scope of Services The Consultant shall file City's claims for funded State mandated costs as provided herein. Costs claimed shall be those actually incurred and estimated costs for those fiscal years in all areas appropriated by the State Legislature. 2 Compensation for Mandated Cost Claiming Services Compensation paid to Consultant by City shall be twenty percent (20%) of the claims reimbursed by the State to the City under Section I of this agreement. An advance of ten percent (10%) of the total claims submitted shall be paid by City to Consultant within thirty (30) days of submittal of the claims by Consultant to the State of California. A final bill shall be submitted by Consultant to City for twenty percent (20%) of total claims paid to City by the State, less the ten percent (10%) initially advanced to Consultant. 3. Services and Materials to be Furnished by the City The Consultant shall provide guidance to the City in determining the data required for claims submission. The City, following the Consultant's guidance, shall provide assistance in the accumulation of the required data. Accumulated data shall be provided to Consultant in a reasonable amount of time to facilitate timely claims submission. The Consultant shall assume all data so provided to be correct. 4. Not Obligated to Third Parties The City shall not be obligated or liable hereunder to any party other than the Consultant. 5. Consultant Liability if Audited The Consultant will assume all financial and statistical information provided to the Consultant by City employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the City under the claim for whatever reasons is the sole responsibility of the City. . . . . Consultant Assistance if Audited The Consultant shall make workpapers and other records available to auditors. The Consultant shall provide assistance to the City in defending claims submitted if an audit results in a disallowance of twenty percent (20%) or more of the original claim submitted. Reductions of less than twenty percent (20%) shall not be contested by the Consultant. Indirect Costs The cost claims to be submitted by the Consultant may consist of both direct and indirect costs. The Consultant may either utilize the ten percent (10%) indirect cost rate allowed by the State Controller or calculate a higher rate if City records support such a calculation. The Consultant by this Agreement is not required to prepare a central service cost allocation plan or a departmental indirect cost rate proposal for the City. The City designates the following individual as contact person for this agreement: Name: Title: Address: Telephone: Candace Horsley City Manager 300 Seminary Avenue, Ukiah, California 95482 707/463 -6200 Term of Agreement Consultant shall submit claims on a timely basis and in accordance with the deadlines established by the State Controller within each Claiming Instruction notice. The period covered by this Agreement is October 1, 1995 through September 30, 1996. Offer is made by Consultant: DATE: September 22, 1995 THOMAS CONSULTING BY: Carolynn J. Thomas Offer is Accepted by City DATE: CITY OF UKIAH BY: Candace Horsley, City Manager ATTEST: Cathy McKay, City Clerk Please Return One Signed Copy of Agreement To: THOMAS CONSULTING 16812 Ocean Drive Fort Bragg, California 95437 707/964-8874 ITEM NO. 9b DATE: October 4, 1995 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF AUDIT REPORT FROM SOLID WASTES SYSTEMS AND SET DATE FOR PUBLIC HEARING REGARDING ADJUSTMENT OF RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES The City's franchise agreement with Solid Wastes Systems, Inc. states that an adjustment will be made to the garbage and recycling collection rates using an automatic annual rate adjustment based on 75% of the change in the U.S. Department of Labor, Bureau of Statistic, Consumer Price Index (CPI), U.S. Cities Average, March to March. In addition, the agreement states that prior to "commencing on July 1, 1995, the City Council shall conduct a rate hearing to determine what, if any, adjustment should be made to the garbage and recycling collection rates in the third or subsequent years, taking into consideration the annual audits of the Contractor's operations and all other factors deemed relevant by the City Council." On August 4, 1995, Staff received Solid Wastes Systems' audit for the years ended December 31, 1993 and 1994. On September 14, 1995, the City Manager received a rate adjustment request from Solid Wastes Systems in the amount of 6.28% to be effective November 1, 1995 (Attachment 1). (Continued on Page 2) RECOMMENDED ACTION: 1. Accept and file Audit from Solid Wastes Systems, Inc. 2. Provide direction to Staff as to information desired for consideration of rate adjustment 3. Set date of November 1, 1995, for Public Hearing regarding the adjustment of garbage and recycling collection rates ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Set alternative date for Public Hearing. 2. Determine no rate hearing will be considered, and do not set date. Requested by: Prepared by: Coordinated With: Attachments: Jim Salyers, Solid Wastes Systems, Inc. Gordon Elton, Director of Finance Rick Kennedy, Director of Public Works/City Engineer ~ Sue Goodrick, Public Works Administrator Candace Horsley, City Manager 1. September 14, 1995 letter requesting rate adjustment 2. Audit Recap - calendar years 1991 - 1994 3. Revenue and Expense Comparison Charts (1991-1994) 4. Rate Schedule, with increases, based upon Solid Waste Systems, Inc. request APPROVEI~~ R:4/PW:ASRrate FRI3H,: Jol~n Uarr~n (:~44 · 1994 CON~F~C~AB RBS~-DENTIAL PHCI',E M:L ' ~?,~'~;~'~14 m . · , ~. ~'.,.,, .,.- , ..~,.~..::. SOLID WASTE SEPTKNBI~ ~ 30t' 1995 ~aroh 95 All U.S. Ct2t0~ Index "March 94 All U.S. Cittoe Zndex -~ .... 151. · .147,2 ~DERFUNDED PRIOR YEAR FRANCHISE & BILLING 1PEBH ,~ · k --- _ _,* .... ~**'? ... TOT~ R~T~ IH~E REGUIR~ d · Seep. 12 1995 l~]3:31Pt'l $865,080 515,083 180,943 ~1,561~106 2.1% 2.6% 1.3% 1.6% 3.4% 4.2% RATE iNCREASE EFFECTIVE ?-1-95 ~OT NOT IIEPL~MENTED UNTIL 11-1-95 · TOTAL 'RATE INCRBAJ3E REQUIRED ' ' · ,, j~0NTHLY RATE INCRKASE (HOHTHS 7-x ~o ~1,-2) ' I~If~C~XV~ RATE. TOTAL RATE INCREASE KISSED FROM 7-1' TO 12-1) . MONTHS TO R~COVE~ FIRST 4 XONT~B M~GSED . · .* ~.':"~ . ,v" ,' ADDITIONAL MONTHLY RATE IN~3~ 'RE~UXP3tI~ THROUG}I 6-30-96 To XU~COVER FXRST 4 MONTaS )I~SSZD RATu TO~,A,~,, XOWrla,¥ RA, I~ 'rI'i'C~SB'P,'r'GII~._'2']i]IOUGlt 6'30-96 · ' ' I' :; '"": ":; :'"' "* ' y ' '" ~ ' : '-~a-'*~?;'. ~",-', ' TOTAL ANNUAL RATE IN~BB P,]~UXR~D '.THROUGH 6-30-96 · ~,aooi,~ '~-..-. "~, .. . . ~ ~ ,;,. . .~ t .... ..~ . . ' r.$.. . ~F ~C'n'V~ ~..X ~.-~X.. .,9 ~.:.... ~,~,,,..,,-- .,,-'-'-'-'"" s" .... ~ ...... ' .............. ' ....... "~" NONTI~Y RATE INCRBAGB .,.. ,... ' '.',s,'~r- ,",;'°:".-~:': 'X?".':*~':~.'U' NONTI'~ E1PFKC~I~' (11-1..-95'..TO [..~-30-961'..~.'~.'.-' .... . .. · · 'i .... ...y/ . .. ' ~. , 4.2% 4 1.40t 8 mmm mm mmm m mNl#ll~! 0.18~ ese ~e .. 0.53% 0.52% 8 4,2% John $~¥ OF ABOVE IU~TE~ Pt-E]',E NO. : '?WP5793414 " FEEB 2NC FUh'DBD ZNCR.E~E ROUNDED NEW NEW RATES ADJUST RATE RAT~ mm-------- mmemm~?mm~m-m~ mmemem m me mmmmmm , mm mmmmmm 1'CAN YARDB YARDS $10.80 $0.23 $0.23 $~3.~o $~.13 · $~8.oo $2.04 $~.~o 00.06 So.ss 9X.27 $0.74 $104.15 $104.15 ADaUSTMENT TO RECOV]~ ¥IR~ 4, ~?,~ OF RATK INCREASE HISSKD F~OM ' JoHn IWarrmn CP~ Smp. 88 1995 01122PM P03 James ~atto solid Waste Systems 1417 M0 Donald Ave. Santa Rosa, CA 95404 Dear Jim: ... . -f :. ,. · , ...i . . . October 5, 1994 17.2% 18.5% 1.3% 0.3% z am in-receipt off the. rate lncreg,s_e~:O0tioe ~rom the City Off Ukiah. The components of 'the rate incease ar'~:~',~'~,:.f01~'Ows: · ~ i.:'~,,...~, ,f .~.~-'.'.. . . " · , ' - ...:'.~..;.: Before Increase Increase ... ".,.. ,.- .. 1. Tipping fee increase from $43. to $63 per ton ~ '.; . . . . 2. City recovery of increased tipptng"~"': fees, .(Residential) -' . ' :.:1: 2.8% 3.4~ 2.8% . .~ 3 ~'New recycling equipment ,.- '~ " ":" ' 4. ,', CPI ' : 1.9% 2.3% 1. . .: Actual rate increase ._proposed '". .... ~' 18.5% 22.6% 21.0% , . ~ ~ . . , ~ · ....., . ~ · ... '; .. . . ~ . ... -~ .<. '?~,. '.~., City of Ukiah franchise .~hd'billi~gSf~es'i"(18%)/: -4.1% Actual net ~ncr.ease realized after Actual increase reqUired" befOr:~© $~.::~:7 ' , ., ..: ~ __ __ . ~ ':'. .... ~. , ~eq~ired o cover ~ee. ;"~.':~ ~,'~'.. = = A~dit~onal rate increase required t0"achieve amount required ~ " ' ":~: ,.~ ..... '.'~;~c~ :.. ~: .... ' As ~an b~. seen, .the City's proposed-rate~increase 'is 1 6% ~hort of eying the ~5.5~ .-.. ~. .,~. , ...... ;...:.. . up~e~f~n~ed_Ctty fe.es.;..eq~als'-0;~~The.,~mou~,g,:tn $ term~ you are being ROM : $oHnilJarrmn CPR Sep. 08 1995 01:23PM P04 Also, there.~aG no provision in the rate inorease for the amount you $21,885. In addition, there is no provioion ~$r' 00Voting the $14,3S3 defioit An the' existing recycling program.' ........ Therefore, in ~o~al you are being .~.9~0~by.$56,696. - ~ ~disregardinw khe kwo i2em~ not<being covered, Mou are being aborted B2'~.he X,~ in ~ll].J. ng and ~ranmhl~e'z~eee; " Very truly yours, John Warren / SOLID WASTE SYSTEMS, INC. MULTI-YEAR FINANCIAL INFORMATION Operating Revenues: :Commercial service Residential service Recycling services Recycling sales Total Operating Revenues Operating Expenses: Salaries Payroll taxes Franchise fees Billing fees Dump fees Management fees Other fees Recyclables Collision damage Operating supplies Rent Equipment leasing Fuel, gas and oil Freight Repairs and maintenance Insurance expense Workers' comp. ins. Outside services Legal and accounting Office expense Utilities and telephone Taxes and licenses Travel Entertainment & Promotion Donations Employee welfare Dues & subscriptions Depreciation Bank charges Bad debts AdVertising Other operating expense Total Operating Expense Net Operating Income: Non-Operating Revenue (Expnese): nterest income Interest expense Penalties Other non-operating income (loss) Total Non-Operating Revenue (Expense) Net Income before Taxes Provision for Income Tax Net Income Calendar year 1993 Solid Wastes Curbside Disposal Recycling Total 771,343 395,327 Calendar year 1994 143,271 28,373 771,343 395,327 143,271 28,373 Solid Wastes Curbside Disposal Recycling Total 865,080 865,080 515,083 515,083 180,943 180,943 20,633 20,633 1,166,670 171,644 1,338,314 1,380,163 201,576 1,581,739 184,337 83,926 268,263 17,714 8,620 26,334 203,667 27,141 230,808 41,430 5,428 46,858 469,043 469,043 210,556 47,306 257,862 20,457 4,943 25,400 169,273 19,552 188,825 35,037 3,910 38,947 319,213 319,213 43,234 4,766 48,000 980 980 1,212 3,047 4,259 4,726 4,726 19,238 19,238 70,800 70,800 43,734 12,644 56,378 31,893 10,835 42,728 52,081 27,756 79,837 50,844 18,161 69,005 22,838 5,874 28,712 4,800 4,800 35,000 3,000 38,000 2,822 2,822 14,915 14,915 9,343 1,540 10,883 - 65 65 26,456 372 30,756 2,740 1,881 835 22,280 26,456 372 53,036 - 2,740 1,881 835 48,000 653 5,992 2,613 22,434 70,800 44,589 30,561 36,481 50,212 18,269 4,562 28,708 2,981 14,452 4,855 21,538 394 29,166 1,691 838 1,332 48,000 653 3,567 9,559 2,613 22,434 70,800 16,576 61,165 14,476 45,037 . 26,340 62,821 25,853 76,065 8,316 26,585 4,562 28,708 2,981 14,452 3,215 8,070 - . . 21,538 394 22,423 51,589 - 1,691 838 1,332 1,226,101 185,614 1,411,715 1,357,312 245,881 1,603,193 (59,431) (13,970) 22,851 (73,401) 11,622 11,622 (84) (383) (467) (846) (846) (44,305) (21,454 20,122 20,122 (184) (184) 4,073 4,073 14,610 14,610 25,302 (383) 24,919 24,011 - 24,011 (34,129) (14,353) (48,482) 46,862 (44,305) 2,557 13,069 5,601 18,670 (800) 17,675 16,875 (21,060) (8,752) (29,812) 46,062 (26,630) 19,432 SOLWASTE.XLS 9/20/95 Page 2 Sheet1 SOLID WASTE SYSTEMS, INC. MULTI-YEAR FINANCIAL INFORMATION Operating Revenues: Commercial service Residential service Recycling services Recycling sales Total Operating Revenues Operating Expenses: Salaries Payroll taxes Franchise fees Billing fees Dump fees Management fees Other fees Recyclables Collision damage Operating supplies Rent Equipment leasing Fuel, gas and oil Freight Repairs and maintenance Insurance expense Workers' comp. ins. Outside services Legal and accounting Office expense Utilities and telephone Taxes and licenses Travel Entertainment & Promotion Donations Employee welfare Dues & subscriptions Depreciation Bank charges Bad debts Advertising Other operating expense Total Operating Expense Net Operating Income: Non-Operating Revenue (Expnese): Interest income Interest expense Penalties Other non-operating income (loss) Total Non-Operating Revenue (Expense) Net Income before Taxes Provision for Income Tax Net Income Calendar year 1991 Solid Wastes Curbside Disposal Recycling Total 782,620 782,620 448,771 448,771 66,720 66,720 31,131 31,131 Calendar year 1992 Total Solid Wastes Curbside Disposal Recycling 1,231,391 97,851 1,329,242 202,533 54,453 256,986 22,952 5,395 28,347 184,991 10,008 194,999 36,947 2,002 38,949 256,976 256,976 776,090 776,090 427,684 427,684 127,136 127,136 37,444 37,444 1,203,774 164,580 1,368,354 209,813 58,025 267,838 21,145 5,891 27,036 180,537 16,161 196,698 36,112 3,232 39,344 270,142 270,142 16,000 1,016 1,688 26,225 71,500 23,208 30,607. 53,838 36,736 27,631 3,024 25,075 4,353 14,499 14,504 3,757 260 50 13,018 210 45,102 54 4,489 1,278 442 4,372 18,167 7,692 4,730 7,651 1,500 1,573 22,397 16,000 1,016 - 1,688 26,225 71,500 23,208 34,979 18,167 61,530 41,466 35,282 3,024 26,575 4,353 14,499 16,077 3,757 260 50 13,018 210 67,499 54 4,489 1,278 442 48,234 4,766 53,000 1,877 1,877 . 449 449 18,700 18,700 70,800 70,800 43,734 9,765 53,499 28,813 4,335 33,148 32,170 32,170 56,322 7,875 64,197 52,816 10,683 63,499 30,360 7,943 38,303 2,650 2,650 20,000 3,000 23,000 3,771 3,771 16,560 16,560 14,741 1,643 16,384 370 370 616 616 3,734 3,734 280 280 33,493 21,380 54,873 18 18 4,787 4,787 71 71 (162) (162) 1,122,963 139,940 1,262,903 108,428 (42,089) 66,339 10,694 10,694 (8,581) (13,526) (22,107) (18o) (18o) (2,121) (2,121 (188) (13,526) (13,714) 108,240 (55,615) 52,625 (37,167) (37,167) 1,170,783 186,869 1,357,652 32,991 (22,289) 10,702 12,645 12,645 (5) (5,146) (5,151) (4,153) (4,153) 737 737 9,224 (5,146) 4,078 42,215 (27,435) 14,780 (7,420) (7,420) 71,073 (55,615) 15,458 34,795 (27,435) 7,360 SOLWASTE.XLS 9/20/95 Page 1 Sheet1 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Solid Waste Systems, Inc. Total Revenue and Expense by Year 1991 1992 1993 1994 Calendar Year [] Total Operating Revenues [] Total Operating Expense OPERATING EXPENSES BY CATEGORY 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 . CATEGORY [] 1991 [] 1992 [] 1993 [] 1994 SOLWASTE.XLS 9/20/95 Page 3 Sheet2 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 . SOLID WASTES DISPOSAL OPERATING EXPENSES BY CATEGORY CATEGORY [] 1991 [] 1992 [] 1993 [] 1994 120,000 100,000 80,000 60,000 40,000 20,000 CURBSIDE RECYCLING OPERATING EXPENSES BY CATEGORY CATEGORY [] 1991 [] 1992 [] 1993 [] 1994 SOLWASTE.XLS 9/20/95 Page 4 Graphs & Data . Attachment 4 'RATE SCHEDb~, WITH INCREASES, BASED UPON SOLID WASTES SYSTEMS~ INC. REQUEST GARBAGE RATE CALCULATION 1995 Total I I I Cost of Cost of Cost of Cost from Garbage customers by rate code as of 9/20/95 2.6% 1.6% 2.08% 6.28% Rate I Customer Monthly Monthly CPI nderfunde Delayed Combined New CodeI Count Rate Revenue Increase Fees Increase Increases Rate RESIDENTIAL.. GA1 357 $ 2.85 $ 1,017.45 $ 26.45 $ 16.28 $ 21.16 $ 63.89 $ 3.03 GA10 297 $ 6.00 $ 1,782.00 $ 46.33 $ 28.51 $ 37.07 $ 111.91 $ 6.38 GAll 20 $ 14.60 $ 292.00 $ 7.59$ 4.67$ 6.07$ 18.33$ 15.52 GA12 1 $ 22.30 $ 22.30 $ 0.58 $ 0.36 $ 0.46 $ 1.40 $ 23.70 GA13 I $ 30.00 $ 30.00 $ 0.78 $ 0.48 $ 0.62 $ 1.88 $ 31.88 GA14 21 $ 7.55 $ 158.55 $ 4.12 $ 2.54 $ 3.30 $ 9.96 $ 8.02 GA15 0 $ 18.30 $ - $ - $ - $ - $ - $ 19.45 GA16 0 $ 29.00 $ - $ - $ - $ - $ - $ 30.82 GA17 0 $ 40.00 $ - $ - $ - $ - $ - $ 42.51 GA2 2531 $ 10.80 $ 27,334.80 $ 710.70 $ 437.36 $ 568.56 $ 1,716.62 $ 11.48 GA20 7 $ 4.40$ 30.80 $ 0.80$ 0.49$ 0.64$ 1.93 $ 4.68 GA3 475 $ 22.50 $ 10,687.50 $ 277.88 $ 171.00 $ 222.30 $ 671.18 $ 23.91 GA30 57 ;.',.$~'~' 43.10 5 2,456.70 $ B3.87 $I "'39.3'1 $ 151~.10 $ 154.28 $ 45.81 GA4 19 $ 34.00 $ 646.00 $ 16.8d $ 10.34 $ 13.44 $ 40.58 $ 36.14 GA5 194 $ 13.20 $ 2,560.80 $ 66.58 $ 40.97 $ 53.26 $ 160.81 $ 14.03 GA6 29 $ 27.40 $ 794.60 $ 20.66 $ 12.71 $ 16.53 $ 49.90$ 29.12 GA7 0 $ 42.45 $ - $ - $ - $ - $ - $ 45.12 GA70 30 $ 20.25 $ 607.50 $ 15.80 $ 9.72 $ 12.64 $ 38.16 $ 21.52 GA71 6 $ 41.60 $ 249.60 $ 6.49 $ 3.99 $ 5.19 $ 15.67 $ 44.21 GA72 0 $ 62.90 $ - $ - $ - $ - $ - $ 66.85 GA73 0 $ 84.40 $ - $ - $ - $ - $ - $ 89.70 GA74 I $ 10.80 $ 10.80 $ 0.28 $ 0.17 $ 0.22 $ 0.67 $ 11.48 GA8 0 $ 50.00 $ - $ $ - $ - $ - $ 53.14 -- GA9 0 $ 58.50 $ - $ $ - $ - $ - $ 62.17 -- TOTAL 4046 $ 48,681.40 $1,265.71 $ 778.90 $1,012.56 $ 3,057.17 COMMERCIAL. I 106 $ 10.80 $ 1,144'.80 $ 29.76 $ 18.32 $ 23.81 $ 71.89 $ 11.48 2 53 $ 22.50 $ 1,192.50 $ 31.01 $ 19.08 $ 24.80 $ 74.89 $ 23.91 3 17 $ 34.00 $ 578.00 $ 15.03 $ 9.25 $ 12.02 $ 36.30 $' 36.14 4 6 $ 50.00 $ 300.00 $ 7.80 $ 4.80 $ 6.24 $ 18.84 $ 53.14 5 5 $ 60.80 $ 304.00 $ 7.90 $ 4.86 $ 6.32 $ 19.08 $ 64.62 6 0 $ 72.50 $ - $ - $ - $ - $ - $ 77.05 7 1 $ 84.00 $ 84.00 $ 2.18 $ 1.34 $ 1.75' $ 5.27 $ 89.28 .8 2 $ 100.00 $ 200.00 $ 5.20 $ 3.20 $ 4.16 $ 12.56 $ 106.28 10 I $ 122.50 $ 122.50 $ 3.19 $ 1.96 $ 2.55 $ 7.70 $ 130.19 11 0 $ IO0.O0 $ - $ - $ $ - $ - $ 106.28 12 I $ 58.50 $ 58.50 $ 1.52 $ 0.94 $ 1.22 $ 3.68 $ 62.17 13 0 $ 134.00 $ $ - $ $ - $ - $ 142.42 14 3 $ 6.00 $ 18.00 $ 0.47 $ 0.29 $ 0.37 $ 1.13 $ 6.38 15 3 $ 2.85 $ 8.55 $ 0.22 $ 0.14 $ 0.18 $ 0.54 $ 3.03 16 0 $ 14.60 $ $ - $ - $ - $ - $ 15.52 17 1 $ 27.40 $ 27.40 $ 0.71 $ 0.44 $ 0.57 $ 1.72 $ 29.12 18 0 $ 42.45 $ - $ - $ - $ - $ - $ 45.12 19 I $ 71.70 $ 71.70 $ 1.86$ 1.15$ 1.49$ 4.50 $ 76.20 23 1 $ 45.00 $ 45.00 $ 1.17$ 0.72 $ 0.94 $ 2.83$ 47.83 32 I $ 102.00 $ 102.00 $ 2.65$ 1.63$ 2.12$ 6.40 $ 108.41 100 $ - $ - $ - $ $ - $ - GARATE95.XLS 9/21/95 Page I Sheet1 RATE SCHEDULE, WITH INCREASES, BASED UPON SOLID WASTES SYSTEMS, INC. REQUEST . . GARBAGE RATE CALCULATION 1995 Total I i I Cost of Cost of Cost of Cost from Garbage customers by rate code as of 9/20/95 2.6% 1.6°/; 2.08% 6.28% Rate Customer Monlhly Monthly CPI nderfunde Delayed Combined New .Code Count Rate Revenue Increase Fees Increase Increases Rate 101 28 $ 62.00 $ 1,736.00 $ 45.14 $ 27.78 $ 36.11 $ 109.03 $ 65.89 102 128 $ 73.50 $ 9,408.00 $ 244.61 $ 150.53 $ 195.69 $ 590.83 $ 78.12 103 72 $ 98.00 $ 7,056.00 $ 183.46 $ 112.90 $ 146.76 $ 443.12 $ 104.15 106 0 $ 120.50 $ - $ - $ - $ - $ - $ 128.07 107 1 $ 147.00 $ 147.00 $ 3.82-~ 2.35 $ 3.06-~ ...... 9.23 $ 156.2~- 108 2 $ 294.00- $ 588.00 "$ 15.29 $ 9.41 $ 12.23 $ 36.93 $ 312.46 109 1 $ 318.50 $ 318.50 $ 8.28 $ 5.10 $ 6.62 $ 20.00 $ 338.50 '~1'~-- I $ 490.00 $ 490.00 $ 12.74 $ 7.84 $ 10.19 $ 30.77 $ 520.77 112 I $ 588.00 $ 588.00 $ 15.29 $ 9.41 $ 12.23 $ 36.93 $ 624.93 113 0 $ 245.00 $ - $ - $ - $ - $ - $ 260.3§ 114 1 . $ 84.40 $ 84.40 $ 2.19 $ 1.35 $ 1.76 $ 5.30 $ 89.70 115 1 $ 72.80 $ 72.80~,,~. $ 1.89 $ 1.16 $ 1.51 $ 4.56 $ 77.37 117 1 $ 169.05! $ 169i.~'~ $ "4.40 I~$' i~;~{TQ .,~ 3.53 $ 10.62 $ 179.67 118 2 $ 196.00 $ 392~0'i' $ '10.19 $~ '6.21 '$ 8.15 $ 24.61 $ 208.31 119 1 $ 136.20 $ 136~.20 .$ 3.54 $ 2.18 $ 2.83 $ 8.55 $ 144.75 120 I $ 269.50 $ 269.50 $ 7.01 $ 4.31 $ 5.~1 $ 16.93 $ 286.42 202 42 $ 147.00 $ 6,174.00 $ 160.52 $ 98.78 $ 128.42 $ 387.72 $ 156.23 203 41 $ 196.00 $ 8,036.00 $ 208.94 $ 128.5~ $ 167.15 $ 504.67 $ 208.31 204 0 $ 294.00 $ - $ - $ - $ - $ - $ 312.46 205 4 $ 392.00 $ 1,568.00 $ 40.77 $ 25.09 $ 32.61 $ 98.47 $ 416.62 206 I $ 588.00 $ 588.00 $ 15.29. $ 9.41 $ 12.23 $ 36.93 $ 624.93 207 0 $ 784.00 $ - $ - $ - $ - $ - $ 833.24- 2:15 I $ 588.00 $ 588.00 $ 15.29 $ 9.41 $ 12.23 $ 36.93 $ 624.93 217 1 $ 245.00 $ 245.00 $ 6.37 $ 3.92 $ 5.10 $ 15.39 $ 260.39 -, 218 0 $ 269.50 $ - $ - $ - $ - $ - $ 286.42 221 0 $1,323.00 $ - $ - $ $ $ $1,406.0~- 224 1 $ 980.00 $ 980.00 $ 25.48 $ 15.68 $ 20.38 $ 61.54 $1,041.54 225 1 $ 784.00 $ 784.00 $ 20.38 $ 12.54 $ 16.31 $ 49.23 $ 833.24 302 I $ 220.50 $ 220.50 $ 5.~3 $ 3.53 $ 4.59 $ 13.85 $ 234.35 303 28 $ 294.00 $ 8,232.00 $ 214.03 $ 131.71 $ 171.23 $ 516.97 $ 312.46 304 I $ 784.00 $ 784.00 $ 20.38 $ 12.54 $ 16.31 $ 49.23 $ 833.24 305 I $ 441.00 $ 441.00 $ 11.47 $ 7.06 $ 9.17 $ 27.70 $ 468.69 306 0 $ 514.50 $ - $ - $ $ $ $ 546.81 307 3 $ 588.00 $ 1,764.00 $ 45.86 $ 28.22 $ 36.69 $ 110.77 $ 624.93 308 0 $1,127.00 $ - $ - $ - $ - $ - $1,197.78 402 I $ 294.00 $ 294.00 $ 7.64 $ 4.70 $ 6.12 $ 18.46 $ 312.46 403 10 $ "392.00 $ 3,920.00 $ 101.92 $ 62.72 $ 81.54 $ 246.18 $ 416.62 407 1 $ 784.00 $ 784.00 $ 20.38 $ 12.54 $ 16.~31 $ 49.23 $ 833.24 410 1 $ 588.00 $ 588.00 $ 15.29 $ 9.41 $ 12.23 $ 36.93 $ 624.93 ....... 411 0 .$ 441.00 $ - $ - $ - $ - $ - $ 468.69 502 I $ 367.50 $ 367.50 $ 9.56 $ 5.88 $ 7.64 $ 23.08 $ 390.58 503 I $ 490.00 $ 490.00 $ 12.74 $ 7.84$ 10.19 $ 30.77 $ 520.77 504 2 $ 735.00 $ 1,470.00 $ 38.22 $ 23.52 $ 30.58 $ 92.32 $ 781.16 .... 505 I $1,715.00 $ 1,715.00 $ 44.59 $ 27.44 $ 35.67 $ 107.70 $1,822.70 523 '~ $ 980.00 $ 980.00 $ 25.48 $ 15.68 $ 20.38 $ 61.54 $1,041.54 .... 602 2 -,~ 441.00 $ 882.00 $ 22.9~"'$ 141:~i $ 18.35 $ 55.39 $ 468.69 -- 603 6 $ 588.00 $ 3,528.00 $ 91.73 $ 56.45 $ 73.38 $ 221.56 $ 624.93 604 0 $ 735.00 $ - $ - $ - $ - $ - $ 781.16 605 I $ 441.00 $ 441.00 $ 11.47 $ 7.06 $ 9.17 $ 27.70 $ 468.69 , , GARATE95.XLS 9121/95 Page 2 Sheet1 :.RATE SCHEDU~, WITH INCREASES, BASED UPON SOLID WASTES SYSTEMS, INC. REQUEST GARBAGE RATE CALCULATION 1995 ........ Total I I I co~t of cost of cost of cost from Garbage customers by rate code as of 9/20/95 2.6%" 1.6% 2.08% 6.28% Hale Customer Monthly Monthly CPI nderfunde Delayed Combined New Code Counl Rate Revenue Increase Fees Increase Increases Rate 606 1 $1,176.00 $ 1,176.00 $ 30.58 $ 18.82 $ 24.46 $ 73.86 $1,249.85 607 1 $1,372.00 $ 1,372.00 $ 35.67 $ 21.95 $ 28.54 $ 86.16 $1,458.16 608 2 $1,764.00 $ 3,528.00 $ 91.73 $ 56.45 $ 73.38 $ 221.56 $1,874.78 615 1 $2,352.00 $ 2,352.00 $ 61.15 $ 37.63 $ 48.92 $ 147.70 $2,499.71 616 0 $ 931.00 $ - $ - $ - $ - $ - $ 989.47 901 1 $ 882.00 $ 882.00 $ 22.93 $ 14.11 $ 18.35 $ 55.39 $ 937.39 9O2 0 $1,764.00 $ - $ - $ - $ - $ - $1,874.78 903 0 $1,617.00 $ $ - $ - $ - $ - $1,718.55 904 0 $1,470.00 $ - $ - $ - $ - $ - $1,562.32 905 I $1,323.00 $ 1,323.00 $ 34.40 $ 21.17 $ 27.52 $ 83.09 $1,406.08 906 I $2,058.00 $ 2,058.00 $ 53.51 $ 32.93 $ 42.81 $ 129.25 $2,187.24 950 45 $ 43.10 $ 1,939.50 $ 50.43 $ 31.03 $ ,40.34 $ 121.80 $ 45.81 960 7 $ 86.20 $ ',603.401 $ 15.~9 $ ~,!9.~ $ !12.55 $ 37.89 $ 91.61 970 1 $ 53.90 $ 53.90 ~'!i ' 0.86 $ 1.12 $ 3.38 $ 57.28 980 0 $1,029.00 - ~'~' - $ - $ - $1,093.62 $ ....... 990 0 $ 895.00 $ - $ - $ - $ - $ - $ 951.21 995 I $ 699.00 $ 699.00 "$ 18.17 $ 11.18 $ 14.54 $ 43.89 $ 742.90 , , 'TOTAL 659 $ 87,563.20 $2,276.64 $1,401.01 $1,821.32 $ 5,498.97 MONTHLY GRAND ......... TOTAL I 4705 $136,244.60 $3,542.35 $2,179.91 $2,833.88 $ 8,556~14 I 4 Months without increase $ 544,978 Total revenue increase for 8 months 8 Monthswith increase $ 1,158,406 $ 28,339 $ 17,439 $ 22,671 $ 68,449 ANNUAL TOTAL $ 1,703,384 These calculations exclude the cost for drop boxes - rate co. de 100 GARATE95.XLS 9/21/95 Page 3 Sheet1 An "Informal" (unpublished) Request for Proposal to perform the final tasks remaining was submitted to five consultants: Environmental Science Associates (ESA) Contact: Paul Miller Michael Brandman Associates (MBA) Contact: Tom Fitzwater EIP Associates Contact: Bill Zeibron Leonard Charles and Associates (LCA) Contact: Leonard Charles Anderson Consulting Group Contact: Daron Anderson ESA, MBA, and EIP were taken from a list of consultants recommended by Jim Moose, EIR Attorney who had been working with Eric Toll on this project. LCA has completed vadous EIR's for projects within the City, and Anderson Consulting has indicated interest in performing Landfill-related work for the City. As of this wdting, three written proposals have been received from ESA, MBA, and LCA. Copies of the proposals are attached and the highlights of each proposal are shown on the attached tabulation. It is the opinion of the Public Works Director that Environmental Science Associates submitted the most straightforward proposal. ESA has been recommended by two sources (Jim Moose and EBA Wastechnologies), and has taken the time to visit and tour the Landfill with the Director to become more familiar with the Landfill operations. To the Director's knowledge, Leonard Charles and Associates does not have experience in preparing Landfill EIR's. The Public Works Director recommends that the City Council authorize the City Manager to negotiate and execute a contract with ESA for the preparation and publication of the FEIR on a time-and-expense basis, not to exceed $30,000. It is recommended that funds in the amount of $30,000, be transferred from the Solid Waste Disposal Reserve Fund, #661, to Solid Waste Disposal Site Account No. 660-7301-250, Contractual Services, to pay for the work of the contemplated contract. A balance of $16,904 would remain in the reserve account should this transfer be authorized. z ,,,o ,-, _ .~.~g ,- 0 ~o x w~~ o ..,,_ g~ go. ~ ,m~ .-,~ - 0 ~=~ o 0 ~ '~= ~mo ~.~- m = ~ .- f,~ 0 ~ ~~ ~ ~ ~ 0 ~ m '-oo _ m E~ .- 0 ~ ~~ ~ ~ ~ ~ ~O~o~ °~8 g ~ .. ~ 0 ~ d ~ ~ ~ <~ z~o - ~ ~ ZW O0 0 0o~ w - 0 ~z0 ~0 ~w =~0 z --~ 0 ~ OO zo~ --~ wz UKIAH, CA 95482-5400 ADMIN. 707/463-6200 · PUBLIC S/~ETY 463-6242/6274 FAX if 707/463-6204 · September 5, 1995 Paul Miller, Director ENVIRONMENTAL SCIENCE ASSOCIATES 301 Brannan Street, Suite 200 San Francisco, California 94107-1811 RE: EIR FOR CITY OF UKIAH LANDFILL Dear Paul: As a follow-up to our previous telephone conversation, the City is in need of an EIR Consultant with extensive experience in the preparation of EIR's associated with Solid Waste Disposal sites to complete our Final EIR for purposes of modifying its Solid Waste Facilities Permit. The Consultant who prepared the draft and supplemental draft has failed to complete his contract and has closed his firm. It is imperative that we complete the document for re-permitting purposes as soon as possible. The City is currently accepting more waste per day (approximately 100 tons per day) than our previous permit issued in 1978 allows (50 tons per day); we are currently operating under a Stipulated Agreement with the LEA until ali required documents, including the certified EIR, and permit application are accepted by the LEA and California Integrated WaSte Management Board. Enclosed for your review are the Draft EIR, Supplemental Draft EIR, technical appendices, and comments to both EIR's. The Supplement was prepared to provide additional information and analysis on water quality, air quality and project alternatives. Should you decide that your firm would be interested in producing a Final EIR document based on the enclosed information, we would look forward to receiving your proposal. I prefer that the proposed compensation would be on a time and expenses basis not to exceed a maximum cost. We would need the Consultant to attend the Public Hearing. Should you desire to contact the sub-consultants who prepared the technical data, I would appreciate a call first; I have not contacted the sub-consultants to relay the situation at hand. I will be away on vacation the week of September 11. I would like to discuss your interest in this matter on September 18th or 19th. I look forward in receiving a proposal from you. September 21, 1995 Environmental Science Associates 301 Brannan SIreet Suite 200 Sail Frailci,,ct,. California 94107-1811 (415} FAX 8c~6-(}332 Rick Kennedy Director of Public Works/City Engineer City of Ukiah 300 Seminary Ave. Ukiah, CA 95482-5400 Dear Mr. Kennedy: ESA is pleased to respond to your request to prepare the Final EIR for modifying the Solid Waste Facilities Permit for the City of Ukiah Landfill. ESA would be proud to be selected and have our logo on the front of the Final EIR. As I discussed with you when I visited the site on Tuesday, I believe that the Draft EIR and Supplemental EIR have sufficient, if not excessive, information for the decision makers to understand the environmental impacts of the project. ESA's task becomes one of responding to the letters reviewed from agencies and the public on the Draft EIR and the Supplemental EIR and providing additional information as necessary to produce a legally adequate Final EIR. At this time I do not believe that additional information needs to be presented in the form of yet another Supplemental EIR. The only situation that would require an additional Supplemental EIR is if new significant impacts were identified for the project that could not be mitigated to a less-than-significant level. As to the qualification of ESA to complete this Final EIR, I am enclosing a copy of ESA's General Qualification and also our Solid Waste Services Qualifications. The Solid Waste Management Qualifications have just been updated, this version should replace the copy I sent to you earlier this month. You should also review the Final EIRs I left at your office for the Reclassification of the Altamont Landfill and the Expansion of the Austin Road Landfill. I managed both projects to completion in 1994 and you can review them as examples of the Final EIR document I will prepare for the Ukiah Landfill Permit Revision. With regard to schedule, I would like to get started on the Final EIR soon. My other current project obligation is the publication of a Draft EIR for a golf course in the Bay Area. I expect the golf course Draft EIR to be published by October 6th, after which time I could devote the majority of my time to completion the Final EIR for the City of Ukiah Landfill Permit Revisions. ESA should be able to have the Administrative FEIR ready for your review in approximately 4 to 6 weeks. Page 2 Rick Kennedy September 21, 1995 I estimate the cost for completion of the Final EIR to be $30,000. The cost estimate includes 5 copies of the Administrative Final EIR for city staff review, 50 copies of the Final EIR for distribution to the public, and my attendance at the hearing for the Final EIR. The cost estimate does not include development of either the Mitigation Monitoring and Reporting Plan (MMRP) or the drafting of the fundings for the EIR. Both of these document are required by CEQA, but they come after the EIR and are often written by City staff or attorneys. To the extent possible ESA will identify the "who's," "how's," and "why's" in our mitigation measures so that the MMRP can be prepared more easily. The cost estimate does not include formal written responses to issues raised at public hearings, since it is my understanding that no public hearing has been be held on the Draft EIR, the comments to be answered will be from the written comments. I have enclosed Exhibit A that shows all the letters we have received and are proposing to respond to. Our proposal does not include responses to letters not included in Exhibit A. As you requested, ESA is prepared to accept a time and materials contract with a Not To Exceed limit. ESA proposes a Not to Exceed limit of $30,000, given the level of comments received. I am proposing myself as project manager. I have included my resume as well as resumes of other key staff that would help respond to letters written in response to the Draft EIR and the Supplemental Draft EIR. I hope this letter proposal provides you with sufficient information. If you have any additional questions please call me at (415) 896-5900. Sincerely, Paul Miller Director, Physical Science Department Attachments: ESA Qualifications ESA Solid Waste Services Qualifications Resumes Staff Category Billing Rates Exhibit A EXHIBIT A Commentors to Draft EIR and Revised EIR: Draft EIR Commentor Date State Clearinghouse Sept. 19, 1994 State Department of Parks and Recreation, Office of Historic Preservation Aug. 11, 1994 California Integrated Waste Management Board Sept. 12, 1994 California Regional Water Quality Control Board, North Coast Region Sept. 6, 1994 Department of Fish and Game Oct. 4, 1994 Mendocino County Dept of Pub Health, Div of Environmental Health Sept. 6, 1994 Department of General Services, State Historical Building Safety Board Sept. 7, 1994 Mendocino County Planning and Building Services Department Sept. 7, 1994 Mendocino Environmenal Center Sept. 16, 1994 Scott Thomas Sept. 15, 1994 El Dorado Estates Sept. 16, 1994 Thomas and Valerie Jacoby Sept. 15, 1994 Vichy Springs Community Homes Sept. 15, 1994 Elizabeth Koledin Sept. 14, 1994 Patrick and Linda Nagel Sept. 15, 1994 Miles T. Crail Sept. 2, 1994 Chris Panagoulias Sept. 10, 1994 Jim Chapman Sept. 13, 1994 William Huber Aug. 30, 1994 Dennis E. Hams Sept. 15, 1994 Ms. Judy Pruden Sept. 15, 1994 Vichy Springs Resort Sept. 7, 1994 Vichy Springs Resort Sept. 10, 1994 Revised EIR Commentor Date State Clearinghouse June 26, 1995 California Integrated Waste Management Board June 23, 1995 State Department of Fish and Game June 26, 1995 Vichy Springs Resort June 26, 1995 Concerned Citizens of Vichy Springs Community Homes June 24, 1995 Mendocino Environmenal Center June 24, 1995 Department of General Services, State Historical Building Safety Board June 26, 1995 Dennis E. Harris June 26, 1995 California Regional Water Quality Control Board, North Coast Region June 6, 1995 Leigh Jordan June 19, 1995 ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TIME AND MATERIALS COMPENSATION FULLY BURDENED LABOR BILLING RATES STAFF CATEGORY RATES Employee Category Director / Principal III Director / Principal II Director / Principal I Senior Project Manager / Technical Assoc. Project Manager / Technical Assoc. Senior Associate II Senior Associate I Associate III Associate II Associate I Graphics / Word Processing / Editorial Administrative / Clerical Senior Administrative Hourly Billing Rate $150.00 $130.00 $115.00 $105.00 $95.00 $80.00 $70.00 $60.00 $50.00 $40.00 $55.00 $40.00 $65.00 Paul Miller Phil Wheeler, Ph.D. Jack Hutchison, P.E. Paul Mitchell Mark Winsor, Ph.D. Jeff Wehling Tom Roberts Nancy Barbic Senior Project Manager Project Manager Project Manager Associate II Director II Senior Associate Senior Project Manager Associate III TIME AND MATERIALS STAFF CATEGORY RATES (9/1/95) PAUL MILLER, M.S., R.E.A. Senior Project Manager Paul Miller has a broad range of environmental skills with experience that has primarily been in the areas of solid waste management, air quality measurement research, and hazardous waste assessments. He has more than 18 years of experience in the environmental consulting field, the past 7 at ESA. Mr. Miller's involvement in these areas includes technical analyses and reviews, field surveys, software development, project management, report preparation, public presentations, and staff development. Since 1986 he has applied his background to projects requiring Environmental Impact Repons (EIRs) in accordance with the California Environmental Quality Act (CEQA). Mr. Miller has been involved in the preparation of over 100 environmental documents and has been Project Director or Project Manager for more than 15 major EIR projects. EDUCATION M.S., Zoology and Entomology, Colorado State University B.A., Zoology, Miami University Certificate Integrated Waste Management, San Francisco State Extension PROFESSIONAL EXPERIENCE · Project Director or Project Manager for solid waste projects in the following California Counties: Alameda, Contra Costa, Kern, Sutter, Sonoma, San Francisco, Tuolumne, Nevada, San Diego, San Mateo, and San Joaquin. Project Manager for the California Integrated Waste Management Board (CIWMB) Planning Study. He managed five subconsulting firms in four separate major tasks involving over 70 individual tasks. Mr. Miller provided the final review of all documents produced by the ESA team. One major tasks included development of "how-to" models for the preparation of County Summary Plans and County Siting Elements. Another major task involved the development of a geographic information system (GIS) to map and display the remaining landfill capacity at all operating solid waste landfills in California. PROFESSIONAL EXPERIENCE (Continued) PROFESSIONAL AFFILIATIONS Project Director or Project Manager for EIRs analyzing eight municipal landfill projects: Altamont Landfill Reclassification, Altamont Landfill Expansion, Altamont Landfill Import, Austin Road Landf"~ll Expansion, Bakersfield City Landfill Closure and Postclosure Maintenance Plan, Marsh Canyon Landfill, New Jamestown Landfill, and Sutter Ash Landfill. Project Director or Project Manager for EIRs for four Materials Recovery Facility (MRF)/transfer station projects: Stockton Scavenger Transfer Station, West Contra Costa County Integrated Resource Recovery Facility, Fremont Transfer Station/MRF, and San Francisco Transfer Station and Recycling Center Master Plan. Currently Project Director for solid waste planning in Eureka County Nevada. The project has included short-term and long-term planning to come into compliance with the federal Subtitle D regulations. The project has included a siting study that identified a preferred site on land that is identified for disposal in the Battle Mountain BLM Area Plan. ESA is now preparing an Environmental Assessment (EA). · He was Project Manager for a comprehensive review of a landfill siting study for Sonoma County. · Since 1990, Mr. Miller has been the final technical peer reviewer on many of ESA's projects for reports analyzing air quality, noise, energy, and hazardous materials/wastes. He specialized for six years in the design and development of mobile vehicles and microcomputer data acquisition and navigation systems used to monitor air quality. Installed systems and trained personnel on systems sold in the United States and in Canada, Belgium and West Germany. Mr. Miller is a California Registered Environmental Assessor, and is certified as an asbestos inspector and management planner under the EPA's Asbestos Hazard Emergency Response Act (AHERA). He directs ESA's Phase I Environmental Site Assessment program and has managed hazardous materials and waste projects including steel manufacturing facilities, underground storage tanks, asbestos removal projects, and agricultural lands contaminated with pesticides. Air and Waste Management Association (Golden West Section) Northern California Recyclers Association Association of Environmental Professionals Scientific Research Society of North America 09×23×95 09:25 N0.257 j .X'TRANSMITTAL Michael Brandman Associates 1754 TECHNOLOGY CENTER DRIVE, SUITE 116, ~o SAN JOSE, CALIFORNIA 95110 CITY OF UKIAH COMPANY/AGENCY /X 0 GENERAL 401~.451.9261 . FAX NO. 9-22-95 TOTAl. PAGi5 ~NC~UDING TH~$ COVE,R ORIGINAL W1LL BE MAILED TOM FIT~WA, T£R FROM LANDFILL PK--RMIT REVISION EIR JOB NAME ............ RI:GARDING PLEASE SEE ATTACHED PROPOSAL TO COMPLETE THE EIR. ORIGIN (¢H~CK ON~t 714,2,50,5,555 310,312,9533 61 9,260.1800 91 6'.:362.3606 408,4,51,9260 805,3B3.6985 0 IRVINE 17'310 RED HILL AV~.NU~,SUITE 250, IRVINE CALIFORNIA 92714 Q LOS ANGELES 11444 W. OLYMPIC BOULEVARD, 10TH FLOOI~, LOS ANGELES, CALIFORNIA 90064 Ct SAN DIEGO 7676 HAZARD CENTER DRIVE, SUITE 880, SAN DIEGO, CALIFORNIA 9210B Cl SACRAMIENTO I0423 OLD PLACERVILLI~ ROAD, SUITE 100, SACRAMENTO, CALIFORNIA 95827 /d~"'~SAN JOSE 1754 TECHNOLOGY CENTER DRIVE, SUITE l 16, SAN JOSE, CALIFORN IA 9.51 l 0 CAMARILLO 3.30 NORTH WOOD ROAD, SUITE D, CAMARILLO, CAL)~ORNIA 9,5827 09×~3×95 09:25 NO. 2S? Q02 Michael Brandman Associates ]".N \' IIt() N M F.\:'l AI, ( ir ~MI.'[,IANCI'; " ]';I,ANN tN{', * RI[,";() t; RCI':S September 22, 1995 Mr. Rick KoZy Director of Public World/City Engineer City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 SUBJECT: PREPARATION OF LANDFILL PERMIT REVISION FINAL ErR Dear Mr. Kennedy: Thank you for providing Miclutel Brandman Asmciates with the opportunity to respond concerning your need to prepare the Municipal Landfill Permit Revision Final EIR. We have reviewed the Draft and Supplemental Draft EIRs and the public and agency commen~ on them. I have also discussed the project with Jim Mtx~ with whom we are currently working with on the Crazy Horse Landfill EIR, Recognizing your need to complete the environmental process as soon as possible, we have developed a cost-effective approach with the greatest likelihood of success assuming the document will be challenged in court. Our approach is a two phased effort as highlighted below. Phns~ 1- R~viE~w enmmm~tn: id~ntif:v ar_~_3 neeessltatlna additional t_~_lmtenl analysis if any, and n develop.strateglc plan to proceed;_ A number of state agencies sail have concerns aiter reviewing the Supplemental Draft EIR including; Integrated Waste Management Board, Department of Fish and Game, Regional Water Quality Control Board- North Coast, and Deparm~ent of General Services- State Historical Building Safety l~ard. Property owners and res~0ents have a~ identified i~es they feel are unresolv~. Therefore, the first s~p is to comprehensively review ali cormnents and identify possible approaches tbr res[xgnses aM areas that require additional technical support, if any. If additional technical work is needexl the previous subcontractors may be able to provide it, if they have sufficient credentials to legally defend the results. While MBA is conducting this review, the City should secure outside CI~QA legal council to conduct independent review. Once completed, a meeting would be held at the City to go through each comment · ,md determine if any additional work is reqtdrext beyond clarification of materials that are already prepared. The advantage of this step is to focus the work effort on the most critical issues aM approach the preparation of responses as if you will need to mapport all conclusions hi court. The work product would be a memoramhnn describing lhe recommended approach lo complele the EIR. (M~A's time and ms,rials t~ tbr tiffs pha~ would not exeeo, l $5,000.00 a~ the strategy meeting would take place within two weeks of notice to proceed), 1754 Technology Drive, Suite 232, San Jose, California 951 I0 408. 451 . 9260 FAX 408. 451. 9261 Phase 2- Complete the, EIR Phase ! results will provide guidance in addressing remaining comments and um'esolved issues and conducting a legally defensible approach. The fee for Phase 2 would be based on the resultz of the Phase 1 work and would only begin with prior City approval of the approach and t~,e. (If preparing respon~xs to comments without substantial additional technical analysis is the approach, then MBA's time and materials fee for this phase includhig attendance at the public hearing and oilier strategy meetings would range from $15,000.00 to $30,000.00. This phase would include at least one additional meeting with ibc City and C]~QA legal council to review re~T, onses and is ~timated to require 4-6 weeks to prepare final responses to comments). We would welcome the opportunity to discuss this project with you further and ] have enclosed a list of other wazte management facilities that MBA has worked on throughout the state along with our record of preparing legally defensible documents for your consideration. If you have any questions regarding our approach, fee estimate, or schedule, please contact me. TKomas W.~tzw~ Associate saved S:ukiah.rft 09×25×95 139: 27 NO. 25"? ~04 11 I ' Ill ''llll ~1111 i i II III I I I I I I H'III IIIII ..... MBA RECORD OF LEGAL DEFENSIBILITY 1. Day Cr~k Sand and County of San Bernardino Adequacy of EIR upheld by Gravel Mining Pr~ect Superior Court, Court of EIR Appeals, and Supreme Court. 2. Palos Verdes Peninsula Palos Verdes Penit~sula Adequacy of both EIRs School Facilities EIRs Unified School District upheld by the Superior Court (two EIRs) and Court of Appeals. 3. California Reception California Department of Adequacy of EIR upheld by Center - Los Angeles Corrextions Superior Court and Court of County EIR Appeals. Supreme Court rejected review of case. 4. San Marcos Landfill County of San Diego Superior Court initially Expansion EIR requested additional water quality analysis, then found EIR adequate after review of supplemental data. Adequacy of EIR upheld by Court of Appeals. .-,.,-,:,~.~-..,.. , ,; . , .,',.' ',. ,,,'.",'~?:',,','~ : ....... · ........ ;,.-, .... ' ..... ','. '~, 7, ',', ',,'. :~ ;7.~ ........ , ~,:::;:r:: . :.~ t :::~1: "%. 1: .... : ~¢:~:..~;; : :..:,; :, .: .:.; :;:k :; ... : .; '~, , , , John Wayne Airport Expansion and Land Use Compatibility Program EIR/EIS East Orange General Plan Amendment EIR 7. Las Flores Planned Community EIR , . Bunker Hill Parcels K, Q, and W2 Redevelopment Project and Disney Philharmonic H all EIR KOA Kampground Shingle Springs EIR County of Orange City of Orange County of Orange County of Los Angeles County of El Dorado Adequacy of EIR upheld by Superior Court. Not appealed. Adequacy of EIR upheld by Superior Court. Not appealed. Adequacy of EIR upheld by Superior Court. Not appealed. Adequacy of EIR upheld by Superior Court. Not appealed. Adequacy of EIR upheld by Superior Court. Not appealed. 09×2~×95 09:28 N0.257 [~05 MBA RECORD OF LEGAL DEFENSIBILITY i i i I 10. Los Angeles County Courthouse- Chatsworth EIR ,, ,,, -- 11. Puente Hills Waste Management Facilities EIR Fox Canyon Ground Water R~charge/Seawater Intrusion Abatement Project MND County of Los Angeles Sanitation Districts of Los Angeles County United Water Conservation District 12. III II .......... Adequacy of EIR upheld by Superior Court. Not appealed, Analyses prepared by MBA for EIR upheld in Superior Court, Adequacy of MND upheld by Superior Court. 13. California State Prison Fresno County at Coalinga EIR 14. Foothill Ranch Planned Community EIR 15. Trabueo Hills High School Stadium EIR California Department of Corrections County of Orange Saddleback Valley Unified School District Litigants settled issues out of court; lawsuit withdrawn, Litigants settled issues out of court; lawsuit withdrawn, EIR prepared to respond to litigation on a Negative 16. Disneyland Resort EIR 17. Tasman (Rail Transit) Corridor Supplemental City of An~eim 18. Foothill Transportation Corridor EIR 19. Kaiser Permanente Medical Center EIR 20. Substance Abuse and Treatment Facility at Cor~ran EIR , Santa Clara County Transportation Agency Transportation Corridor Agencies City of Emeryville California Dep',mment of Corrections ,, · Ifil Declaration prepared by others; plaintiffs withdrew lawsuit after £1R prepared. Litigants settled issues out of court; lawsuit withdrawn. Litigants settled issues out of court; lawsuit withdrawn. Litigants settled issue out of court; lawsuit withdrawn. Litigants settles:! issue out of court; lawsuit withdrawn. Litigants settled issue out of court; lawsuit withdrawn. 09×2~×95 09:28 N0.257 Q06 REPRESENTATIVE SOLID WASTE FACILITIES AND WASTE MANAGEMENT PROJECTS (MICHAEL BRANDMAN ASSOCIATES) Los Angeles County Project:Landfill Closure Plan and Permitting Client: Forest Lawn Memorial Parks Project: Client: Puente Hills Waste Management Facility EIR County Sanitation Districs of Los Angeles County Project: Pacifica Recycling Facility EIR Client: Laidlaw Recovery Systems Project: Client: Wetlands Permitting Consultancy County Sanitation Districts of Los Angeles County Mendocin() County Project: Casper Landfill Closure Study/Negative Declaration Client: Anderson Consulting Group Initial Project: LaytonvLlle Landfill Closure Initial Study/Negative Declaration Client: Anderson Consulting Group Monterey County Project: Crazy Horse Landfill Expansion EIR Client: City of Salines Orange County Project: Client: North Orange County Landfill and Alternative Technologies EIR County of Orange Placer County project: Client: Eastern Regional Landfill Closure, Transfer Station, and Materials Recovery Facility EIR l?lac,r County Pro. jeer: Client: Western Regional Landfill EIR Western Regional Sanitary Landfill Auth¢lrity Riverside County Project: El $obrante Landfill Expansion EIR (Technical Support) Client: Western Waste Industries San Diego County Project: San Marcos Landfill EIR/Permitting Client: County of San Diego Expansion Project: La Festa Recycling Facility EA Client: La Pc)sta Recycling Center, Inc. Selene County Project: B & J Sanitary Landfill Wetland Delineation & Biological Survey Client: NORCAL Waste Systems Inc.fB & J Dropbox Inc. Venture County Project: Client: Materials Recovery Facility Mitigated Negative Declaration City of Oxnard Client: Weldon Canyon Landfill Biological Resources Assessment County of Venture S:/$HARED/$OLIDWASTE, R £ P EONARD CHARLES & ASSOCIATES Environmental Analysis & Planning 7 ROBLE COURT SAN ANSELMO, CALIFORNIA 94960 PHONE (415) 454-4575 FAX (415) 454-2585 September 15, 1995 Mr. Rick Kennedy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Dear Rick, I have examined the EIR documents and the Comment Letters. I spoke with David Evans of RWQCB as well as with Eric Toll and Gilbert Ashoff to get some feel for the project and possible pitfalls/opposition. We are interested in working on this project with you and completing this EIR. However, I am not sure that this work can be done under a "not to exceed" contract," as there are so many possible challenges and unknowns at this time. We could certainly provide you with a scope of work and a not to exceed price quote that was tied very explicitly to ~fic tasks. However, we would need some assurances that if our hours begin to substantially exceed the hours budgeted for those tasks, then the City would agree to amend the contract to provide fair compensation (assuming City satisfaction with work done to that point). Our preliminary review of the Comment Letters indicate that most comments can be responded to without the need for additional analysis (that is, additional testing and appraisal of new test data). There will be a need for a hydrologist to do some additional work to respond to the RWQCB letter requesting additional discussion of mitigations. The hydrologist may also be called upon to respond to technical questions in other letters. With your approval, we would request that Mike Flynn continue to perform the hydrologic analysis. The other letters contain a variety of comments which must be responded to. We believe the most important response will be for us to re-visit the alternatives issue to dearly describe and assess the alternatives identified by Ashoff, the MEC, and others. I have outlined below the work and the estimated amount of time required to respond to the letters you provided. Given the fact that this EIR is going to be sued, we cannot afford to have our name on it. This is because many jurisdictions ask whether any of a firm's EIRs have been sued when they are seeking firms to do new work. To date, we have never had one of our EIRs sued, and we don't want the first one to be an EIR that we didn't even produce. As such, we recommend that the City hire us to provide "technical assistance" in preparing the Final EIR. The City itself would be the author;, this is entirely legal and appropriate since ultimately the City is responsible for the EIR in any case. We would further point out that it is entirely possible that by openly responding to the concerns of Ashoff, MEC, and the Vichy Springs residents, the City may avoid a lawsuit. Again, we would point out that we have managed to avoid legal challenges for 17 years, and even though we are coming into this project late in the game, we might be able to help. I have provided a preliminary scope of work below. We can amend it as necessary if you wish to proceed. I will call you on September 19 to discuss this matter. Thanks very much for considering our finn. Sincerely, Leonard Charles SCOPE OF WORK Response to Comments We would provide responses to the following letters. Dept. of Fish and Game We would note their concerns. Mr. Evans has staled that additional surface water monitoring is not necessary. Instead, an erosion control plan should be elaborated. Mr. Flynn, or the selected hydrologist, would provide the data for this plan or elaboration of the existing plan. Gilbert Ashoff We would provide a complete assessment of the alternatives suggested by this commentor and others. To the degree possible, we will assess the feasibility of these alternatives, including environmental, temporal, riscal, and operational constraints and impacts. Response to the many other comments made by Mr. Ashoff will be quite time-consuming. The hydrologist must respond to water-related comments. Regional Water Quality Control Board The hydrologist will be responsible for beefing up the mitigation measures for controlling groundwater problems and for a discussion of the cun'ent findings regarding benzene. Other Letters Responding to the three letters above will address most of the main comments. Most comments in the remaining letlers are the same or similar to comments in the letter from Ashoff. We will respond to all these letters. If there are other comment letters or verbal comments made at a Public Hearing, we can also respond to those comments. Please note that responding to many of these comments will require bac~und analysis and conversations with City and other agency staff as well as past consultants that would not be required if the report were prepanxl solely by the original consultant. To prepare adequate responses will require some time for educating ourselves on the project and the issues. Preparation of Document We can prepare the actual Final EIR. This document contains a brief summary of the project and the Draft and Supplemental EIRs. It then will include each letter with responses. The Final EIR will not include an amen~ text for the Draft or Supplemental EIR. This is not required. If this approach is desired (that is, actually reproducing the Draft and Supplemental Draft EIRs showing added analysis as well as deleted language), we can also do this work, but it will be much more costly. Public Hearine Leonard Charles will attend the Public Hearing as a technical consultant. COST ESTIMATE The following time and cost estimates apply: Task Response to Comments Meetings with City and other staff Write, edit, and prepare Final EIR Project management and report administration Word processing Attendance at Public Hearing Total Hours Cost 40-150 $3,600- 13,500 8 720 30 2,700 12 1,080 20 500 6 540 136-196 $9,140- 19,040 This estimate does not include the costs for a hydrologist to respond to hydrologic issues. It also does not include the following: Any new technical or quantitative fieldwork or analysis of geology, hydrology, air quality, biotic resources, noise, or toxics. e Printing costs. ,We w~l provi& a camera-ready copy. of the Final EIR. If the City wishes, we can nave me report printed. The City will reimburse us for the cost of printing and delivery of documents. SOLID WASTE DISPOSAL RESERVE - FUND #661 IBud.qeted amounts: Beginning fund balance 7/1/95 Expenditures budgeted from fund Transfers budgeted Budgeted ending fund balance 6/30/96 $ 518,723 $ (115,463) $ (284,000) $ 119,260 Adiustments made durin.q the fiscal year: Date Approved 7/12/95 Reserved for FY 96/97 equipment lease payments * Proposed Landfill EIR consultant contract Account No. 660.7301.301 660.7301.250 $ (72,356) $ (30,000) Revised ending fund balance 6/30/96 * As proposed in the adopted FY 95/96 budget $ 16,904 RESERVES.XLS 9/27/95 Page 6 Fund 661 ITEM NO. 9; DATE: October 4, 1995 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT WITH EIR CONSULTANT TO PREPARE FINAL EIR DOCUMENT FOR CITY OF UKIAH'S SOLID WASTE LANDFILL FACILITY The Company of Edc Jay Toll was hired by the City to prepare a Draft and Final EIR (FEIR) for the City's proposed change to the Solid Waste Facilities Permit for its Municipal Solid Waste Landfill. This would allow an increase in the average daily tonnage for disposal from the described average of 50 tons per day, to an average of 190 tons per day, with a maximum volume of 295 tons per day. As the Council is aware, the Company of Eric Jay Toll has failed to complete the requirements of their contract. To date, the Draft EIR and a supplement to the Draft EIR have been prepared and reviewed by the public and reviewing agencies, and comments to the documents have been received. The remaining tasks are to prepare a Final EIR and conduct a Public Hearing. (Continued on Page 2) RECOMMENDED ACTION: Authorize City Manager to negotiate and execute a Consultant Service Contract with Environmental Science Associates for the preparation of a Final EIR document for the City of Ukiah's Solid Waste Landfill Facility. Compensation to be on a time-and-expense basis, not to exceed $30,000. Authorize the transfer of $30,000 to the Solid Waste Disposal Site Account No. 660-7301-250 from Fund #661, Solid Waste Disposal Reserve. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Authorize City Manager to negotiate and execute Consultant Service Contract with other consultant. Appropriation Requested: $30,000 from Disposal Site Reserve Account #661 Citizen Advised: N/A Requested by: Rick Kennedy, Public Works Director/City Engineer Prepared by: Rick Kennedy, Public Works Director/City Engineer ~ Coordinated with: Candace Horsley, City Manager Attachments: 1. Tabulation of Proposals 2. Example of Request for Proposal 3. Three written proposals 4. Balance Worksheet for Solid Waste Disposal Reserve - Fund #661 APPROVE~~,..~.~ R:4/CM:ASREIR ~k ITEM NO. 9d DATE: October 4, 1995 AGENDA SUMMARY REPORT SUBJECT- REVIEW OF PROPOSED LEAGUE OF CALIFORNIA CITIES' RESOLUTIONS Attached for Council review is the League of California Cities' transmittal of the Annual Conference Resolutions. Past practice has been for the Council to review the proposed resolutions and determine the City's position on each item. Councilmember Malone, acting as the City representative at the conference, can then vote on your behalf. The League will take the direction established by California cities in these resolutions to the next session of the State Legislature. Staff is reviewing the resolutions and will be prepared to offer thoughts and recommendations on each of the proposals at the City Council meeting. RECOMMENDED ACTION- Review League of California Cities' proposed policy resolutions and develop the City's position relative to each for direction to the Council's voting delegate, Councilmember Malone. Acct. No. (if NOT budgeted): N/A Acct. No. (if budgeted) · N/A ALTERNATIVE COUNCIL POLICY OPTIONS- 1. Determine Councilmember Malone should vote as an individual, review the resolutions, but take no formal action. 2. Determine no action is desired and do not review the proposals. Appropriation Requested: N/A Citizen Advised: N/A Requested by: League of California Cities Prepared by: Karen Yoast, Executive Assistant Coordinate with: Candace Horsley, City Manager Attachments- 1. Transmittal of Proposed Resolutions R-4/CM ASRRes MEMORANDUM DATE' TO: FROM: SUBJECT: September 26, 1995 All Department Heads Candace Horsley, City Manager Annual League of California Cities' Conference Resolutions At the League of California Cities Annual Conference, taking place October 22 - 24, Sheridan Malone will be representing the City to vote on the attached resolutions. The City Council will be considering the resolutions at their October 4 meeting, and staff should be prepared at that time to provide input, as well as answer any questions the Council may have. For that reason, I am requesting each of you to take time to review the proposed resolutions. We will take time dudng our staff meeting on Monday, October 2, to go over your comments and formulate staff recommendations for the Council. If you have any comments or questions relative to these resolutions prior to our meeting, please do not hesitate to let me know. CH:ky Att. 4:Can MDH $ H A I~ C. 0 N N E C' ~, ! o ,~ AllA Co ~' September 18, 1995 MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Note to City_ Managers and City_ Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 1995 Annual Conference. If additional copies are required, we urge you to reproduce them in your city. Additional copies are not available from the League, but copies will be available at the Conference. TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: I. Information and Procedure II. III. IV. Vo VI. Guidelines for Annual Conference Resolutions Location of Meetings Membership of General Resolutions Committee Preliminary History of Resolutions Annual Conference Resolutions PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE - - - October 22-24, 1995 -- San Francisco -- -~ I. INFORMATION AND PROCEDURE Resolutions Contained in this Packet. The League Bylaws provide that resolutions shall be referred by the President to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. This year 29 resolutions have been presented for consideration by the Annual Conference and referred to the League policy committees. Each of the policy committees met September 7 or 8 to review proposed resolutions and to formulate preliminary recommendations prior to the Annual Conference. The sponsors of the resolutions were notified of the time and place of those meetings. This packet contains a copy of all resolutions that have been received and assigned to policy committees. The source of the resolutions, the policy committees to which they were assigned, and the preliminary recommendations of the policy committees to the General Resolutions Committee are indicated. The recommended actions reported in this packet are preliminary_. Consideration of Resolutions at Conference. Another meeting of each policy committee will be held at the Annual Conference on Saturday, October 21. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss any resolution will have an opportunity to address the policy committee concerned. The General Resolutions Committee will meet at 1:30 p.m. on Monday, October 23, in Room 133 of the Moscone Convention Center, to consider the reports of the policy committees. The Committee includes at least one representative of each of the League's regional divisions, functional departments, and standing policy committees. The General Assembly will convene at 9:30 a.m. on Tuesday, October 24, during the Annual Business Meeting in Rooms 130-131 of the Moscone Convention Center, to consider the report of the General Resolutions Committee. Resolutions approved by the General Resolutions Committee and submitted to the General Assembly will retain the numbers assigned to them in this document. Initiative Resolutions. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the President of the League no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadlin~ is Monday, October 23, 1995, 9:30 a.m. If the Parliamentarian finds that a petitioned resolutions is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Any questions concerning the resolutions procedure should be directed to Marian Avila in the Sacramento office of the League (916) 658-8224. Mary Andrews, President League of California Cities Council Member, Chico II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad access for city officials to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the Board of Directors. Annual Conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is no/of a purely local or regional concem. 3. Generally, the recommended policy should not restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committees and Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League Bylaws. Resolutions to amend the League bylaws will require a two-thirds majority of voting delegates at the General Assembly for approval.. iii III. LOCATION OF MEETINGS Policy Committee meetings will be as follows: Saturda_v. October 21.1995 - 2 - 4:30 v.m. - Hilton Hotel, San Francisco Policy Committee Room Administrative Services Community Services Employee Relations Environmental Quality Housing, Comm. & Econ. Development Public Safety Revenue and Taxation Transportation & Public Works · Yosemite A Yosemite B Continental 7 Continental 5 Continental 6 Yosemite C Continental 4 Continental 1 General Resolutions Committee Room 133 Moscone Convention Center (Monday, October 23, 1995 1:30 p.m.) General Assembly at the Annual Business Meeting - Rooms 130-131 Moscone Convention Center (Tuesday, October 24, 1995, 9:30 a.m.) J¥ Vice Chair: Parliamentarian: IV. GENERAL RESOLUTIONS COMMITTEE League of California Cities 97th Annual Conference - San Francisco, October 22-24, 1995 James Worthen, Council Member, Eureka Art Takahara, Council Member, Mountain View Judge Thomas M. Jenkins (Ret.), Superior Court, San Mateo County Michael Acorne, Director of Personnel, Petaluma Jim Bagley, Mayor, Twentynine Palms Ron Bates, Council Member, Los Alamitos Chuck Belba, Council Member, Lomita Amy Belser, Council Member, Sausalito Peter Brown, City Attorney, Carpenteria Marge Bruno, Council Member, Los Altos Margaret Clark, Mayor Pro Tem, Rosemead Judy Cody, Council Member, Claremont Kevin Cole, Council Member, South Lake Tahoe Rosemary Corbin, Mayor, Richmond Richard Cullinen, Council Member, Cotati Dave Eshleman, Mayor, Fontana Severo Esquivel, City Administrator, Pomona Pat Figueroa, Council Member, Mountain View Andrea Greenberg, Dir. of Personnel, Livermore Ira Hearen, Jr., Cogncil Member, Holtville Mike Hernandez, Council Member, LOs Angeles Mary Herron, Mayor, Coronado Larry Hughes, Fire Chief, Modesto Trixie Johnson, Vice Mayor, San Jose Barbara Kautz, Comm. Dev. Director, San Mateo Helen Kawagoe, City Clerk, Carson Liz Kniss, Council Member, Palo Alto John Leonard, Council Member, Mill Valley Wally Linn, Mayor, La Palma Rosario Marin, Mayor Pro Tem, Huntington Park Ed Marshall, Dir. of Public Works, Mill Valley Ed Martin, Council Member, Lemoore Mark Martinez, Vice Mayor, Carpinteria Patricia McGuigan, Council Member, Santa Ana Harriet Miller, Mayor, Santa Barbara Sara Myers, Council Member, Folsom Deborah Ortiz, Council Member, Sacramento Robin Parker, Council Member, Sunnyvale Fran Pavley, Mayor, Agoura Hills Carl Pellatz, Council Member, Arcata Carolyn Ratto, Council Member, Turlock Paul Richards, Mayor, Lynwood Helen Rucker, Council Member, Seaside Richard Shoemaker, Vice Mayor, Ukiah Richard Sill, Chief of Police, Chino Dick Specs, Vice Mayor, Oakland Jim Spering, Mayor, Suisun Barbara Steckel, Finance Director, Riverside Kurt Swanson, Dir. of Community & Cultural Services, Cerritos Ben Tarver, Mayor, Pleasanton Floyd Weaver, Vice Mayor, Stockton Judy Wright, Council Member, Claremont V. PRELIMINARY HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned Please note some resolutions may have been assigned to more than one committee. These resolutions are noted by this sign (,). KEY TO REVIEWING BODIES 1. Policy Committee - Preliminary 2. Policy Committee - Final 3. General Resolutions Committee 4. General Assembly Action Footnotes * Subject matter covered in another resolution ** Policy Committee will make final recommendation at October 21 meeting *** Existing League policy **** Local authority presently exists KEY TO ACTIONS TAKEN A - Approve D - Disapprove N - No Action R~ Refer to appropriate policy committee for study a - Amend Aa - Approve as amended Ra- Approve with additional amendment(s) Amend and refer as amended to appropriate policy committee for study Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W- Withdrawn by sponsor [Note: Only those resolutions with an approve recommendation from the General Resolutions Committee are reported on the floor of the General Assembly.] Number Kev Word Index Reviewing Body Action COMMITTEE ON ADMINISTRATIVE SERVICES 1 2 3 4 1 Immunity for Building Safety Officials Who Are Independent Contractors R 2 Land Movement Liability A 3 Judicial Elections R 4 Policy Development Procedures Aa 5 Petition Resolutions; Bylaws Amendment A 6 Creation of New Divisions; Bylaws Amendment Aa COMMITTEE ON COMMUNITY SERVICES 1 2 3 4 COMMITTEE ON EMPLOYEE RELATIONS 1 2 3 4 PERS Part-Ti~ne Employee Policies A Employment Training A COMMITTEE ON ENVIRONMENTAL QUALITY Administration of Environmental and Health Laws 1 2 3 4 D COMMITTEE ON HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT 1 2 3 4 · 9 Employment Training A 11 Residential Care Facilities Aa 12 Regional Representation on LAFCO N 13 Community Development Block Grant and HOME Program Funding A 14 Local Redevelopment Participation in Closure Clean- Up and Reuse of Military Bases Aa 15 Redevelopment Authority Ra vii Number Key Word Index Reviewing Body Action COMMITTEE ON PUBLIC SAFETY 1 2 3 4 16 Use of Photo-Radar Equipment Aa 17 Jury Selection System D 18 Federal Drug Interdiction N 19 Parole of Violent Offenders A 20 Domestic Violence W 21 The Need to Better Regulate Firearms Aa COMMITTEE ON REVENUE AND TAXATION 1 2 3 4 22 Possessory Interest Tax Aa 23 Sales Tax Redistribution D 24 Reallocation of Traffic Fines Aa 25 Local Government Revenue Sources D 26 Contract with California R COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS 1 2 3 4 27 Tax on Gasoline and Petroleum Products for Transportation Purposes A 28 At-Grade Railroad Crossings D 29 Antelope and San Joaquin Valleys High Speed Rail N Route RESOLUTIONS INITIATED BY PETITION Resolution Committee Recommendation General Assembly Action viii VI. ANNUAL CONFERENCE RESOLUTIONS lo Resolutions Referred to Committee on Administrative Service.~- _ RESOLUTION RELATING TO IMMUNITY FOR BUILDING SAFETY OFFICIALS WHO ARE INDEPENDENT CONTRACTORS ~l.ur~: Los Angeles County Division l~trr, f,~!~: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Refer to atmroofiale. policy committee for study -- - Final Recommendation to General Resolutions Committee: WHEREAS, many small cities have arranged for their building and safety functions to be performed by an independent contractor; and WHEREAS, these independent contractors serve as building inspectors, planning directors, building officials, and city engineers and, thus, serve in the capacity of public officials; and WHEREAS, California Government Code Section 820.2 exempts public employees fi.om liability arising out of certain discretionary acts performed in good faith; and WHEREAS, California Government Code Section 810.4 defines "public employees" to include public officials but specifically exempts independent contractors fi.om the definition; and WHEREAS, the public policy for protecting public employees fi.om liability should be extended to apply equally to independent contractors serving the city in the capacity of building and safety officials under the direct control of the city; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation that would extend to independent contractors serving cities in the capacity of building and safety officials the same immunities as now apply to public employees. RESOLUTION RELATING TO LAND MOVEMENT LIABILITY Source: Los Angeles County Division Ke, f.e. rr..e,~[~: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approv~ Final Recommendation to General Resolutions Committee: WHEREAS, cities and counties have a duty to issue building permits and tract approvals unless well documented evidence can be produced to deny them; and WHEREAS, cities and counties issue these building permits based upon a diligent review of the facts, including geologic conditions; and WHEREAS, cities and counties make the decision to issue building permits based upon the best geological information available at the time; and WHEREAS, despite the good efforts to employ the best practices available, cities and counties have become the target of suits resulting from permits issued in areas where subsidence and land movement has occurred; and WHEREAS, lawsuits totaling in the hundreds of millions of dollars have been filed against cities and counties because subsidence and land movement has occurred; and WHEREAS, these lawsuits have siphoned off scarce funds from city and county coffers and have resulted in reduction of services to the public at large; and WHEREAS, the landowner/permittee is essentially "insured" by the public entity against any untoward geologic or soils event by virtue of their almost certain ability to recover in a lawsuit while the public entity cannot share in the profits if the endeavor is successful; and WHEREAS, liability insurance for subsidence and land movement is not available to cities or counties thus leaving them completely exposed to the whims of a jury consoling a bereft plaintiff; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation that will severely limit the financial recovery available for geologic incidents and statutorily protect the validity of Geologic/Soils Hold Harmless Agreements. 3. RESOLUTION RELATING TO JUDICIAL ELECTIONS Source: Orange County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Refer to appropriate policy committee for study Final Recommendation to General Resolutions Committee: WHEREAS, Justices of the Supreme Court are appointed by the Governor and must be affirmed by the electorate of the State of California at the first gubernatorial election following their appointment in order to continue in office, and are thereafter subject to reaffirmation by the statewide electorate for 12-year terms; and WHEREAS, Justices of the Courts of Appeals are appointed by the Governor and must be affirmed by the electorate of the respective judicial districts in which they serve at the first gubernatorial election following their appointment in order to continue in office, and are thereafter subject to reaffirmation by the district electorate for 12-year terms; and WHEREAS, Judges of the Superior, Municipal, and Justice Courts are elected to office for six-year terms by the electorate of their respective counties and judicial districts, vacancies being filled by the Govemor in the case of Superior Court and Municipal Court judges and, in the case of Justice Courts, by the board of supervisors of the county in which the Justice Court is located; and WHEREAS, little or no information is available to voters concerning the incumbent's biographical, professional, or legal background, or years of judicial experience; and WHEREAS, the public interest would be served by providing the electorate such information either in the form of a ballot statement or other qualifying information; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League refer this issue to the appropriate policy committee in order to examine this issue and develop policy or legislative direction to support the efforts of the Secretary of State to provide background information in judicial elections, and be it further RESOLVED, that the League, through its policy committee, further address the issue of requiring either a ballot statement or other qualifying information relative to the incumbents' biographical, professional, or legal background, in addition to the year (or gubernatorial administration) of appointment and/or elevation. 4. RESOLUTION RELATING TO POLICY DEVELOPMENT PROCEDURES Source: Los Angeles County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Atmrove as Amended - - Final Recommendation to General Resolutions Committee: . WHEREAS, the Bylaws of the League of California Cities are silent on the issue of general assembly quorums, thus allowing the adoption of League policy by a consensus of voting members representing significantly less than a majority of the League member cities; and WHEREAS, policies adopted by the League should reflect the views of a majority of its member cities; and WHEREAS, current procedures do not always allow adequate feedback on some issues from the League departments and divisions prior to consideration of those issues by the League policy committees; and WHEREAS, the League Annual Conference resolutions process enables the general membership to achieve a variety of aims, including modification or reversal of existing policy; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League modify its policy development process as follows: 1. Adopt procedural changes ensuring that Annual Conference resolutions are determined by a majority of a quorum of voting delegates representing the member cities attending the Annual Conference. A quorum shall be defined as a simple majority of delegates representing the total number of member cities attending the Annual Conference. 2. When it appears that a quorum does not exist, ensure strict observance of existing parliamentary rules to require a roll call vote of representative cities. 3. Take all reasonable steps necessary to ensure that League policy committee members receive agendas and background information on general policy issues in a timely manner to enable department and division representatives to seek and receive feedback from their respective members prior to committee meetings. 5, RESOLUTION RELATING TO PETITION RESOLUTIONS; BYLAWS AMENDMENT Source: Peninsula Division and City of Mountain View Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approw Final Recommendation to General Resolutions Committee: WHEREAS, Annual Conference resolutions are an important part of the League of California Cities policy development process; and WHEREAS, Annual Conference resolutions require careful review and analysis for the statewide impacts and effect on cities; and WHEREAS, Annual Conference resolutions submitted 60 days prior to the opening general session of the League Annual Conference are subject to review and analysis by policy committees and by the Resolutions Committee prior to being voted on at the General Assembly; and WHEREAS, Annual Conference petition resolutions bypass the policy committee review process; and WHEREAS, petitioned resolutions do not undergo the same review process and are as such not reviewed and analyzed by city officials or League staff for potential impact on cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League Bylaws be amend as follows: ARTICLE VIII Section 5. Resolutions (b) Procedure for Review Resolutions shall originate from city officials, the regional divisions, departments, policy committees, or Board of Directors or by means of being included in a petition t~ no/_x twenty t>ercent (20%) of the signed by designated voting delegates of ten percent ~ ....~ number of member cities. Except for resolutions presented directly to the President of the League contained in a petition signed by designated voting delegates of twenty_ percent (20%) of the number of member cities, all resolutions shall be submitted to the Resolutions Committee, at the League office, not later than sixty (60) days prior to the opening general session of the Annual Conference. All resolutions submitted to the Resolutions Committee shall be referred by the President to an appropriate policy committee for review and recommendation prior to the opening general session of the Annual Conference, and such resolutions with recommendations shall be reported to the Committee on Resolutions at the Annual Conference. (c) Resolutions Proposed by Petition. A designated voting delegate of a city may present by petition a resolution to the President of the League for consideration by the Resolutions Committee. The petition must contain the specific language of the resolution, a statement requesting consideration by the General Assembly and must be signed by designated voting delegates of-te~ v ....... x .... ; twenty_ percent (20%) of the number of member cities. The signed petition must be presented to the President no later than twenty-four (24) hours prior to the time set for convening of the Business Session of the General Assembly. If the President finds that the petition has been signed by designated voting delegates of ten percent t~ twenty percent (20% of the number of member cities, the petition shall be reviewed by the Parliamentarian and then presented to the Chair of the Resolutions Committee. If such petition resolutions are submitted prior to final action on resolutions by the Resolutions Committee, they will be considered by the Resolutions Committee following consideration of other resolutions. The resolution contained in the petition, along with action of the Resolutions Committee, shall be considered by the General Assembly following consideration of other resolutions. o RESOLUTION RELATING TO CREATION OF NEW DIVISIONS; BYLAWS AMENDMENT Source: Inland Empire Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, an important purpose of regional divisions of the League of California Cities is to represent geographical areas, foster participation in the League, exchange information among city officials, and provide training opportunities; and WHEREAS, the cities located in the Inland Empire Valley and'Riverside County regions of Southern California share a wide range of mutual interests unique to their respective regions; and WHEREAS, the cities located in San Bernardino County, exclusive of the existing Desert-Mountain Division, and the cities located in Riverside County believe their interest and the interests of the League of California Cities would be better served by the formation of two separate divisions of the League; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League dissolve the current Inland Empire Division and create two separate divisions, namely, the Inland Empire Division and the Riverside County Division, by amending its Bylaws as follows: Section 2. ARTICLE IV- BOARD OF DIRECTORS Staggered Terms. The terms of the Directors shall be staggered, so that the terms of approximately one-half of the members of the Board shall expire each year. The terms of the Directors from the departments of Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, City Clerks and the following regional divisions: Central Valley, Imperial County, Inland Empire, Monterey Bay, North Bay, Redwood Empire, Sacramento Valley and San Diego County shall expire in the even-numbered years; and the terms of the Directors in the departments of City Attorneys, City Manager, Police Chiefs, Recreation, Parks and Community Services, Personnel and Employee Relations and the following regional divisions: Channel Counties,..........~"~""'~ ~---r--r:'~'":"~-', Desert Mountain, East Bay, Los Angeles County, Orange County, Peninsula, Riverside County, and South San Joaquin Valley shall expire in the odd-numbered years. ARTICLE V - REGIONAL DIVISIONS Section 1. Regional Divisions. There shall be formed within the League of California Cities the following regional divisions: Central Valley, Channel Counties, Inland Empire, Desert-Mountain, East Bay, Imperial County, Los Angeles County, Monterey Bay, North Bay, Orange County, Peninsula, Redwood Empire, Riverside County, Sacramento Valley, San Diego County and South San Joaquin Valley, and such additional regional divisions as may be formed from time to time and approved by the Board of Directors. Resolutions Referred to Committee on Community. Services 7. RESOLUTION RELATING TO GANG SUPPRESSION FUNDING Source: Community Services Policy Committee and Recreation, Parks and Community Services Department Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, the state, as well as many cities, have made curtailing the spread of gang involvement by youth a priority; and WHEREAS, public parks, recreation, libraries, and community services departments have traditionally offered programs and activities that have prevented or diverted children and youth from involvement in gangs; and WHEREAS, the League of California Cities, through its Investing In Our Youth ]'ask Force, has recognized the critical role that public parks, recreation, libraries, community services, and youth crime prevention/diversion programs can provide in assisting young people; and WHEREAS, the Califomia Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6 enables the State Office of Criminal Justice Planning (OCJP) to grant financial and technical assistance for district attorney's offices, local law enforcement agencies, county probation departments, school districts, county offices of education, and community-based organizations to suppress gang activity; and WHEREAS, public parks, recreation, libraries, and community services departments are excluded from directly applying for financial and technical assistance under this program although they play a similar role in gang suppression as those organizations defined in California Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6; and WHEREAS, public parks, recreation, libraries, and community services departments should be eligible to apply for this assistance and therefore should be included in California Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation to amend California Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6 to include the role of public parks, recreation, libraries, and community services departments, allowing these agencies to be eligible to seek financial and technical assistance to support gang suppression activities. Resolutions Referred to Committee on Employee Relatiorl~ , RESOLUTION RELATING TO PERS PART-TIME EMPLOYEE POLICIES Source: City of Lakewood Ktf. e, zltll~: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, a hallmark of local self-government is the home rule authority of cities and counties to conduct employee relations without interference from other governmental entities; and WHEREAS, this ability is undermined by unfunded state mandates and state actions that impair contracts and memoranda of understanding; and WHEREAS, cities must design and implement alternative service delivery mechanisms to reconcile public service needs with available revenues; and WHEREAS, cities employ part-time workers to provide a myriad of municipal services and appropriately base part-time compensation and benefits on local conditions. However, all part-time employees have been covered by a federally-qualified pension system since 1991; and WHEREAS, the Board of Administration of the Public Employees' Retirement System (PERS) successfully sponsored SB 53 in 1993 to financially penalize local agencies that do not "enroll" part-time employees in PERS if the part-time employees work 1,000 or more hours in any year or if they have ever been members of PERS and have funds on deposit; and WHEREAS, members of the PERS staff have sought to interpret state law and PERS policies to allow PERS to unilaterally void existing contract exemptions in PERS contracts that have allowed hundreds of cities to withhold PERS membership and full benefits; and WHEREAS, PERS has initiated an aggressive field auditing program to identify and penalize local PERS contracting agencies that do not comply with the unfunded PERS part-time mandate despite the existence of contract provisions between local agencies and PERS exempting part-time, hourly compensated or seasonal employees; and WHEREAS, the 1,O00-hour rule and accompanying policies disproportionately impact and jeopardize the survival of municipal programs dependent on part-time employees, including recreation, child ca~e, library, paratransit programs; and WHEREAS, compliance with the 1,000-hour rule will not only have fiscal and service delivery consequences but also create severe hardship on existing part-time employees who may be laid off or have their hourly rate or employment hours severely adjusted; and WHEREAS, PERS only now recognizes that the so-called 1,000-hour rule has significant fiscal impacts on local agencies, including in most cases, employer pickup of pension contributions and inclusion in PEMHCA medical plans under the same conditions as full-time employees; and WHEREAS, PERS has initiated a policy review process of the 1,000-hour rule through regional outreach meetings and the creation of a problem solving task force including local agency representatives; and WHEREAS, the PERS Public Agency Coalition (PERS PAC), which was formed through League of California Cities' sponsorship, is broadly representing municipal local contrOl interests in the PERS part-time policy review; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League oppose efforts to unreasonably restrict the home rule authority of cities to hire, classify and compensate part-time employees and to mandate that cities enroll such employees in PERS benefit programs. · 9. RESOLUTION RELATING TO EMPLOYMENT TRAINING Source: City of Sunnyvale Referred to: Employee Relations Policy Committee and Housing, Community and Economic Development Policy Committee Preliminary Recommendation of Employee Relations Committee: Approve Preliminary Recommendation of HCED Committee At~r~rove Final Recommendation to General Resolutions Committee: WHEREAS, Service Delivery Areas and Private Industry Councils designated under the Job Training Partnership Act are the national delivery system for employment training services; and WHEREAS, the public/private partnerships created by Private Industry Councils and Chief Elected Officials provide local autonomy, flexibility and accountability in developing and operating employment training programs that address existing and emerging business and community needs; and WHEREAS; Private Industry Councils in California have demonstrated for over ten years their ability to develop effective employment training policies; and WHEREAS, California's Service Delivery Areas have received national recognition for their leadership, innovative programs and services, and ability to produce an exemplary remm on the invested resources; and WHEREAS, employment training resources are a critical component of local economic development efforts, now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support: '1. The development and implementation of a coordinated strategy to improve employer and job seeker access to federal, state and local employment training resources. 2. Federal and state initiatives that augment the comprehensiveness and autonomy of the locally-operated workforce development system. 3. Capitalizing on the experience and success of the existing job training delivery system developed through the Job Training Partnership Act by designating the partnership of Private 10 Industry Councils and Chief Elected Officials to be the leading mechanism for the development and delivery of employment training services to youths and adults. 4. Increasing the role of Private Industry Councils and Chief Elected Officials in addressing workforce transition needs, in particular by developing "one-stop shopping" systems for the employer and the job seeker, by increasing the availability of employment training resources to serve all residents, and by providing leadership in forging new partnerships with the other members of the employment and training community. 5. A broader definition of who is eligible for comprehensive employment training resources, an increase in the service options and strategies available to address local employment training needs, and the development of accountability systems that further the performance-based measures employed by the Job Training Partnership Act. Resolution Referred to Committee on Environmental Oualitv 10. RESOLUTION RELATING TO ADMINISTRATION OF ENVIRONMENTAL AND HEALTH LAWS Source: Central Valley Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, many state and federal laws, originally intended to provide for the clean-up and protection of the environment have been applied in an oppressive way so as to discourage development, cripple industry, bankrupt small businesses, contribute to unemployment and put local governments in danger of insolvency; and WHEREAS, state and federal administrative agencies charged with the enforcement of such laws have in some cases entirely lost sight of the fact that businesses and local governments have finite resources and myriad other responsibilities that create demands on those resources; and WHEREAS, some state and federal administrative agencies seem to be beyond the control of both the legislative bodies that created them and the voters whom they serve; and WHEREAS, many local agencies have been ordered to do clean-up actions which, if done literally to the specifications of the enforcing administrative agencies, would leave the local governments without funds to provide basic municipal services such as police and fire protection, streets, water, and sewer service; and 11 WHEREAS, the state and federal methods by which maximum allowable levels for contaminants are determined and enforced have become a self-tightening noose, with cost of clean- up in many cases far outweighing benefits returned; and WHEREAS, it is now time for state and federal legislatures to entirely reconsider certain environmental and health policies, to reassert control over the administrative agencies they have created, and to remm a measure of common sense and balance to environmental clean-up and enforcement actions; and WHEREAS, it is necessary to restore sanity and common sense to government administration of environmental and health agencies by a number of means; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation that: 1. Returns primary control over certain environmental and health matters to local agencies that are best suited for such responsibility; 2. Requires that if the methods and assumptions upon which state and federal environmental and health laws or regulations are based are not generally those tmiversally accepted by the scientific community as a whole, then all costs directly resulting from such regulations be borne by the state or federal agency adopting such measures; 3. Eliminates from all proceedings to set or enforce maximum contaminant levels for any and all substances the "Delaney clause," a provision that is unrealistic and no longer workable; 4. Provides an appeal process outside the administrative agency overseeing implementation or enforcement of the regulation, in the case of all environmental regulations resulting in unfunded mandates; 5. Requires that in every clean-up or remediation order directed to a single chemical or substance, which will foreseeably cost more than $100 per capita for the population of the city or county receiving the order, all costs over and above that $100 be paid by the issuing administrative agency; 6. Places a revolving "sunset" clause in the statutes creating all federal and state environmental administrative agencies requiring that every five years the legislature creating such agency must affirmatively reauthorize the agency or it shall cease to exist; and 7. Strengthens laws, both civil and criminal, for the willful or knowing pollution of the environment. 12 Resolutions Referred to Committee on Housing. Community and Economic Development RESOLUTION RELATING TO EMPLOYMENT TRAINING Jointly referred - See Resolution//9 in Employee Relations for recommendations of both Committees. 11. RESOLUTION RELATING TO RESIDENTIAL CARE FACILITIES Source: Los Angeles County Division Referred to: Housing, Community and Economic Development Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, residential care facilities serve a need as a home for the care and supervision of individuals with special needs; such as minors, the elderly, the mentally disordered, recovering drug addicts or alcoholics, and participants in jail early-release programs; and WHEREAS, the California State Health and Safety Code specifically exempts residential care facilities with six or fewer clients from local zoning ordinances and codes; and WHEREAS, this lack of control limits the city and neighboring residents from having input as to the location and type of residential care facilities; and WHEREAS~ the proliferation of both regulated and unregulated facilities threatens to disrupt the integrity of single-family residential neighborhoods and results in an over-concentration of residential care facilities in certain neighborhoods; and WHEREAS, local discretionary authority to regulate the spacing between such facilities to no more than one facility located within two thousand feet of any other residential care facility and to regulate the maximum occupancy consistent with existing zoning and density standards would enable local agencies to fulfill their traditional mandate to protect and preserve the integrity of residential neighborhoods; and WHEREAS, the intent is to continue to provide for necessary residential care facilities, such that local jurisdictions are not hamstrung from facilitating the development of residential care facilities that provide appropriate services to the community due to lack of guidance from the Department of Justice; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League, through the National League of Cities, sponsor federal legislation and seek administrative guidance from the Department of Justice to permit cities to exercise review and land use regulation of residential care facilities, 13 specifically the number of facilities located within a specified distance from one another, and the maximum occupancy load based on existing zoning and density standards. 12. RESOLUTION RELATING TO REGIONAL REPRESENTATION ON LAFCO Source: San Diego County Division Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, involvement and participation in all decisions affecting municipalities is critical to the successful implementation of policies and programs in a region; and WHEREAS, the Local Agency Formation Commission (LAFCO) is empowered under state law to make important decisions regarding municipal boundaries and the provision of vital public services within municipal boundaries; and WHEREAS, eighty-four percent of the population in San Diego County resides within the region's cities, yet city representatives presently comprise only thirty-eight percent of the LAFCO Board; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation to expand municipal representation on the LAFCO Board from three to five seats to provide for representation from each of the four subregions in San Diego County and the City of San Diego. 13. RESOLUTION RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDING Source: Los Angeles County Division Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Atmrove Final Recommendation to General Resolutions Committee: WHEREAS, the current economic recession, combined with the impacts of the civil unrest, earthquakes, fires, and floods, has crippled the traditional efforts to improve the economy; and WHEREAS, the number of persons below the poverty line nationwide increased during the 1980's from under 27 million to more than 31 million, and a significant number of families and individuals have become homeless; and 14 WHEREAS, difficult economic conditions have affected the lower income families which often fall apart .under the strains of economic survival because of declining incomes, job loss and/or chronic unemployment, limited affordable housing opportunities, and lack of supportive services; and WHEREAS, the cities are in support of reducing the national deficit, but in a thoughtful way that does not impact severely the needy of our country; and WHEREAS, there is an ongoing need to continue to support families and individuals in this country who require help in finding economic oppommities to enhance their skills for self- sufficiency, to provide affordable housing opportunities for individuals and.families, to assist individuals and families who have become homeless to stabilize their situation, and to assist individuals needing access to services such as child care, at risk youth programs for teens, elderly support programs, and many other services that needy individuals require for survival; and WHEREAS, many Califomia cities have demonstrated concern for the basic well-being of families and individuals by creating initiatives and by advocating programs that promote self- sufficiency and economic stabilization; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support full funding of the Community Development Block Grant at $4.6 billion and the HOME program at $1.4 billion, which will help support the families in our communities towards self-sufficiency, continue affordable housing that is safe for our children, and promote a better economy for our cities. 14. RESOLUTION RELATING TO LOCAL REDEVELOPMENT PARTICIPATION IN CLOSURE CLEAN-UP AND REUSE OF MILITARY BASES Source: Cities of Irvine, Laguna Niguel, Mission Viejo Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, effective reuse planning for a closing military base requires the direct participation in a decision-making process by all directly-impacted communities; and WHEREAS, the federal Base Closure Communities Assistance Act, also known as the Pryor Amendment, states the early formation of a local redevelopment authority is essential to a successful reuse process; and WHEREAS, the California Military Base Task Force stated that in the simplest terms, a base reuse governing entity might be comprised of the local government within whose boundaries the base lies and possibly cities whose boundaries abut the base or which have 15 I Ill'~'ll[llF~llll II II I1'1 suffered direct job losses from the base closure if cost and vote sharing can be devised for the governing board; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor federal and state legislation that would require a local redevelopment authority preparing a reuse plan for a closing military base to include all jurisdictions as voting members of that authority when all or a portion of the base is within a jurisdiction's corporate boundary, sphere-of-influence, or immediately adjacent to that jurisdiction. 15. RESOLUTION RELATING TO REDEVELOPMENT AUTHORITY Source: Kurt Hahn, Finance Director, City of Healdsburg; Member, Housing, Community and Economic Development Subcommittee on Economic Development Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and refer as amended to appropriate policy committee for study Final Recommendation to General Resolutions Committee: WHEREAS, the close of military bases and cutbacks in defense contracting have had a devastating effect on California's economy; and · WHEREAS, local initiatives to mitigate the impacts of base closures have taken the form of special legislation site by site extending and providing for expedited procedures for new project areas under California Redevelopment Law and other incentives; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation that: 1) Broadens existing and makes uniform existing authority to create new Redevelopment Project area encompassing (a) closed military bases; (b) materially downsized military bases; (c) federally-owned defense manufacturing facilities; (d) privately-owned manufacturing facilities primarily used for defense manufacturing over an extended period that have been vacated; (e) other privately-owned support and service facilities devoted to defense industry; and (f) adjacent vacant or underutilized lands. 2) Permits creative joint action initiatives for such project area including multiple cities, counties, special districts or requires a local redevelopment authority preparing a reuse plan for a closing military base to include all jurisdictions as voting members of that authority when all or a portion of the base is within a jurisdiction's corporate boundary, sphere-of-influence, or immediately adjacent to that jurisdiction. 16 3) Lessens housing set-aside and inclusionary requirements wherein it can be demonstrated that a surplus of existing affordable units already exists. 4) Allows the Agency in the new project area broad authority to acquire and manage utility systems and infrastructure previously owned by the federal government or a defense contractor. 5) Grants to the Agency in the new project area broad authority to undertake financings beyond tax allocation bonds based on tax increment revenue flow including certificates of participation, as well as revenue and grant anticipation notes. 6) Permits cities and counties participating in any joint action agency to provide: (a) credit enhancements to the Agency administering the new project area; (b) loans and funding advances; (c) lease guarantees; and (d) other forms or shared or overlapping debt guarantees. 7) Substantially streamlines existing procedures relative to the creation of new redevelopment project areas and joint action agencies and significantly modifies the Environmental Quality Act requirements wherein parallel and phased efforts are undertaken under federal law or by the federal government. 8) Extends to all existing project areas created in the last ten years under like and similar circumstances all powers authorized under this initiative. 9) Provides that the state be permitted to extend any and all inducements to economic development at the state level to those agencies administering such project areas or the joint action agencies providing the underlying financial support. 10) Grants to redevelopment agencies operating under these circumstances the powers of (a) Industrial Development Authorities; (b) Housing Authorities; and (c) Enterprise Zones. Resolutions Referred to Committee on Public Safety 16. RESOLUTION RELATING TO USE OF PHOTO-RADAR EQUIPMENT Source: Dick Spees, Vice Mayor, City of Oakland Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and Approve Final Recommendation to General Resolutions Committee: WHEREAS, photo-radar is an automated speed enforcement system, combining sophisticated radar antenna with a high speed camera and a computer to produce photographic evidence of speeding violations; and 17 WHEREAS, while a growing number of cities are employing photo-radar to enforce speeding laws, the current issuance of an unsigned mailed citation and notice to appear may be ignored by the speeder without consequence; and WHEREAS, when photo-radar equipment is used for issuance of a speeding ticket, current law does not specifically authorize a mailed citation and notice to appear in traffic court to a speeding violator; and WHEREAS, when photo-radar equipment is used for issuance of railroad violations, current law does specifically authorize that the citation and notice may be accomplished by mail; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation to authorize traffic enforcement agencies to issue speeding ticket citations by mailed notice when using photo-radar enforcement equipment. 17. RESOLUTION RELATING TO JURY SELECTION SYSTEM Source: Recreation, Parks and Community Services Department Referred to.'. Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, the cities of California have experienced unprecedented budget constraints requiring creativity and flexibility in order to maintain services; and WHEREAS, these budget restrictions have often reduced the number of city employees available to provide said services; and WHEREAS, the jury selection systems have traditionally drawn personnel from government with little or no regard for the efficient use of the resources they have taken; and WHEREAS, former jurors have for years complained of intolerable boredom and inefficient use of their time; and WHEREAS, several jury selection systems have provided excellent examples of good management through efficient use of resources and minimal inconvenience to both jurors and employers; many other jury systems have been either unwilling or unable to follow those excellent examples; and WHEREAS, the depletion of government and private resources without accountability for the efficient use of those resources can no longer be ignored; now, therefore, be it 18 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation that will require a uniform jury selection system throughout the State of California that will reflect a commitment to the efficient and productive use of jurors' time and will further be committed to minimizing juror time away from employment. 18. RESOLUTION RELATING TO FEDERAL DRUG INTERDICTION Source: City of Stockton Referre~l tO: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, although drug abuse has been with us for many years, most citizens are now realizing just how much it plays a negative role in their lives. Drug users are responsible for a disproportionate amount of crime in our communities; local criminal justice agencies find resources severely stretched by the impact of dealing with drug-involved offenders. Additionally, the destructive effect of drug use is so pervasive that it has become obvious that despite increased numbers of police officers and prison cells, the fear of crime, particularly violent crime, has placed many communities in crises; and WHEREAS, billions of dollars have been spent annually on strategies for prevention, treatment, and intensive enforcement that often involve extensive cooperation among agencies with sometimes competing philosophies. In spite of our best efforts, it is obvious this integrated services approach is only minimally effective; and WHEREAS, even when using the latest research to employ drag-market analysis as an enforcement tool, drug-use forecasting in planning treatment strategies, and drug-demand reduction programs to keep young people from becoming users (through D.A.R.E. and other programs) and also steering heavy users into treatment programs, local efforts are rendered seemingly ineffective by a failed "war on drugs," particularly the federal drug interdiction efforts; and WHEREAS, drug use among teens is escalating again nationwide, according to recent law enforcement reports. In California, heroin use has gradually increased in recent years after several years of gradual decline. Simply put, drugs continue to be readily available. Anti-drug abuse strategies need to be well-balanced, comprehensive efforts involving prevention, early intervention and treatment, and intensive suppression, particularly at both the local and federal levels. Only with an all-out crusade against drug abuse can we hope to diminish drug-related violence in America; now, therefore, be it 19 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League request the National League of Cities to adopt a similar position and convey such position to the Congress and appropriate federal agencies to redirect funding to local agencies to promote anti-drug abuse programs at the local level. 19. RESOLUTION RELATING TO PAROLE OF VIOLENT OFFENDERS Source: Tina Hansen, Council Member, Signal Hill; Member: Public Safety Subcommittee on Criminal Justice Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Am~rove Final Recommendation to General Resolutions Committee: WHEREAS, it is the responsibility of every city to provide a safe environment for its residents; and WHEREAS, public safety is the number one concern and issue of the residents of many cities; and WHEREAS, cities are desirous of changes in the law to improve the safety of residents of our communities and the residents of the State of California; and WHEREAS, initiation of a resolution through the Public Safety Committee of the League of California Cities is an effective way to ensure the reasonable safety of all cities and communities in the State of California; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation to accomplish the following: 1. Amend the California Penal Code to extend and require that there be a period of parole for violent offenders. The period of parole shall be the remainder of the inmate's life. However, if a person has been on parole continuously for seven years since release from confinement, the Board of Prison Terms can discharge that person from parole unless there is good cause to retain the individual on parole. 2. Amend the California Penal Code to require violent offenders to undergo a' psychological evaluation prior to release in order to determine the extent of counseling that may be mandated as a condition of parole. 20 3. Amend the California Penal Code to require all violent offenders to register as a violent offender with the law enforcement agency in the city in which they live. This requirement shall be in effect for the remainder of the inmate's life, so long as the inmate resides in California. 4. Amend the California Penal Code to make it a felony to willfully fail to register as a violent offender with the local law enforcement agency. 20. RESOLUTION RELATING TO DOMESTIC VIOLENCE Source: Judy Cody, Council Member, Claremont; Chair, Public Safety Subcommittee on Domestic Violence Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Withdrawn by Sponsor 21. RESOLUTION RELATING TO THE NEED TO BETTER REGULATE FIREARMS Source: City of Brea Referred to: ~.Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, just as the widespread possession of firearms is an American fact today, so too is the widespread tragedy that has accompanied the misuse of firearms; and WHEREAS, in 1993 alone close to 40,000 Americans were killed by the use of firearms, of which more than 5,000 were Californians. In addition, the National Center for Disease Control estimates that for each firearm death, another ten people are shot, yet survive; and WHEREAS, far too often gun violence occurs between family, friends, unintended victims and children, people whose lives are forever changed because a firearm was too readily available; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League endorse the objectives contained in the position paper titled "Confronting The American Tragedy - The Need To Better Regulate Firearms," which was developed and adopted by the California Police Chiefs Association, and be it further 21 RESOLVED, that the League draft and support, and encourage the California Legislature to introduce and adopt, legislation consistent with the objectives outlined in the above-mentioned report. Resolutions Referred to Committee on Revenue and Taxation 22. RESOLUTION RELATING TO POSSESSORY INTEREST TAX Source: City of San Jose Referred to' Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, nationwide, the travel and tourism industry generates over $361.8 billion in direct spending and creates over six million jobs, making this industry the nation's second largest after health services; and WHEREAS, in California, the travel industry generates over $52.8 billion in direct spending and creates over 668,000 jobs, evidencing that the industry is essential to the economic health of the State r~f California; and WHEREAS, imposition of the possessory interest tax, if applied statewide, could have a ruinous effect on state and local economic development efforts resulting in a potential loss of revenue, which could leave the state and municipalities without a revenue stream to meet existing, growing, and new facility bond pay-off obligations; and WHEREAS, imposition of the possessory interest tax creates an inhospitable environment for the convention, trade show and meeting industry, and makes convention and cultural facilities in the state less competitive than facilities outside the state, resulting in a potential loss of revenues and jobs; and WHEREAS, the International Association of Exposition Management, Meeting Professionals International, the National Automatic Merchandising Association, the California Rental Association, the National Association of Consumer Shows, and the National Association of College Stores have publicly opposed the County of Santa Clara Assessor's imposition of the possessory interest tax on short-term clients of convention and cultural facilities, and have indicated that their members have grave concerns when considering cities in the state that enforce such possessory interest taxes as a destination for conventions, trade shows and meetings; and WHEREAS, the imposition of the possessory interest tax is economically unsound and therefore demands a cost-benefit analysis, since if applied statewide to convention and cultural 22 facilities, the billions of dollars the industry generates in direct spending would be jeopardized by this tax; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation to exempt public use facility clients who occupy convention and cultural facilities for thirty days or less per twelve-month period from the assessment and imposition of possessory interest taxes in the State of California. 23. RESOLUTION RELATING TO SALES TAX REDISTRIBUTION Source: Los Angeles County Division Referrecl to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, cities throughout California receive one percent of the sales taxes paid on each dollar within their jurisdictions; and WHEREAS, the state receives five percent of the sales taxes paid on each dollar in each city throughout California; and WHEREAS, (he state has reduced the amount of funding to cities in recent years; and WHEREAS, costs of operating cities have increased in recent years due to a variety of factors, including increases in crime and increases in the number of mandates with which cities must comply; and WHEREAS, voters throughout the state are weary of paying additional taxes, fees, and assessments for what they view as diminishing local services; and WHEREAS, the above circumstances have led to drastic cuts in the areas of police, fire, library, parks and recreation, and street maintenance services by many cities throughout California; and WHEREAS, the effects of such cuts, ,and continued erosion of services in these areas will result in increased crime, reduced property values, reduced sales tax revenues, and increased costs to manage cities; and WHEREAS, the voters throughout California seem to consider such local government services a higher priority than many services provided by the state that are funded with sales tax revenue; now, therefore, be it 23 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation or sponsor a ballot initiative effort that will redistribute sales taxes received by the state such that the state's share is four percent and the cities' share is two percent of the sales taxes paid per dollar; and, be it further RESOLVED, that the mount of sales tax revenue to be redistributed shall be allocated to cities using the same method as is currently being used to distribute the existing one percent share per dollar cities receive. 24. and RESOLUTION RELATING TO REALLOCATION OF TRAFFIC FINES Source: City of Pasadena Referred to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, public safety is one of the highest priorities of cities throughout California; WHEREAS. the safety and welfare of motorists and pedestrians through vigorous traffic enforcement is an essential component of public safety; and WHEREAS, the cost of providing said traffic enforcement and investigation is borne by the cities and can only be partially offset by the complete recovery of traffic fines; and WHEREAS, the diversion of traffic fines to the state subsequent to legislation under AB 544, codified as Penal Code Section 1463 et. seq., has imposed undue economic hardship upon cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation that will repeal AB 544 (Isenberg) (Penal Code Sections 1463 through 1463.006, 1463.04, 1463.9, 1463.14, 1463.16, 1463.18, 1463.22, and 1463.26) and reallocate fines generated through traffic enforcement efforts to the respective municipalities whose enforcement efforts generated those fines by the distribution formula existing prior to 1991. 24 25. RESOLUTION RELATING TO LOCAL GOVERNMENT REVENUE SOURCES Source: Kurt Hahn, Finance Director, City of Healdsburg; Member: Housing, Community & Economic Development Subcommittee on Economic Development l?xeffgxr, r,d~: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: D_iaagilm~ Final Recommendation to General Resolutions Committee: .WHEREAS, municipal initiatives in the realm of economic development are fueled for a large part from new direct and indirect sales tax generation from new retailers or from the spending of employees from new office service and manufacturing concerns; and WHEREAS, local Community Redevelopment agencies fund economic development and housing initiatives from tax increment revenues; and WHEREAS, the California Constitution Revision Commission is considering two alternative local government financing initiatives that would remove both city sales taxes and Community Redevelopment Agency tax increments from local revenues and substitute a larger city share of property taxes; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League oppose any constitutional revision that would: · 1. Remove from Community Redevelopment Agency tax increment revenues afforded under AB 1290 and other redevelopment reform legislation; 2. Divert the city share of sales taxes to either the state or counties. 26. RESOLUTION RELATING TO CONTRACT WITH CALIFORNIA Source: City of El Monte Rgf. elledl_~: Revenue and Taxation Policy Committee Preliminary Recommendation to Resolutions Committee: Refer to appropriate policy committee for study Final Recommendation to Resolutions Committee: WHEREAS, during the past several years, the State of California has experienced a severe economic recession that has been compounded by a number of natural disasters and calamities; and WHEREAS, these recent adverse economic conditions and calamities have imposed a considerable degree of stress upon the financial resources and integrity of state and local government in California and this stress has, in many cases, resulted in a serious erosion of the 25 ability of local government to provide a number of vital public services and to accumulate the capital resources necessary for public investment in infrastructure and human resources needed to sustain the economic productivity and enhance the quality of life in the State of California; and WHEREAS, part of the response of state government to economic adversity in recent years has been to balance the budget of the state govemment by means of a series of essentially ad hoc, unilateral actions, including large scale reorganizations and reallocations of revenue sources among a highly interdependent fiscal structure of state and local government organization in which predictability, fiscal integrity, and public confidence play important roles; and WHEREAS, the same types of economic stress that afflicted counties and municipalities within the State of Califomia during this same period of time has been significantly compounded and worsened by the ad hoc and unilateral budgetary actions of the State of California, including the following: A. Unilateral reorganization of the State Court system and the diversion of local fine and forfeiture receipts to a new system of judicial administration; B. Creation of new programs or schemes imposing new costs and charges upon local government, such as "property tax collection charges," "booking fees," and the like; C. Reallocation and reduction of the local property tax distributions to cities and counties in order to assist the~ state govemment to reduce its financial contribution to the state public school system; D. Reallocation and reduction of the local agency share and/or distribution of numerous other tax funds and accounts, including without limitation, tobacco tax distributions, transportation tax accounts and distributions; E. Patently insufficient funding by the State Mandate Account for reimbursement to local government for the costs imposed on local government by the State Legislature to implement state- mandated programs; and WHEREAS, state government and local levels of government share a large degree of fiscal interdependence and the stability and predictability of this interdependent relationship has a direct beating on public confidence in the capacity of state and local govermnent to address real problems in a responsible manner in a way which contributes to the economic well-being of the state and enhances quality of life for every resident of the state; and WHEREAS, ad hoc and unilateral budget actions by the state government during the past several years have dramatically reduced the ability of cities and counties to provide for the maintenance, replacement and investment of public infrastructure facilities and to provide basic services to the residents of this state, thereby placing at risk the long-term economic well being and quality of life of all residents of the state; and 26 WHEREAS, the seemingly capricious fiscal and budgetary actions of state government appear to have been taken in disregard to the fundamental interdependence between the integrity of sound and predictable fiscal practice and the reasonable expectation of the residents of this state that the convoluted machinations of the state government budget process not unduly or adversely affect the confidence of investors and residents alike in the future of the state; and WHEREAS, now that severe conditions of economic adversity have abated and a measure of the fundamental economic vitality of the state is reasserting itself, it is time that the state government begin meaningful consultation with local government in order to plan for a restoration of a sound intergovernmental fiscal relationship in California and to permit local government to plan for necessary and appropriate investment in public facilities and human resources (especially education and public safety) as part of a sustainable process of renewal and enhancement of the quality of life in California; and WHEREAS, all levels of government should consider a renewal of the original covenant of interdependence and make sensible plans for the years ahead when new challenges could threaten the quality of life in our state; now, therefore, be it RESOLVED, by the General Assembly of the League-of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League call upon each member of the State Legislature to conduct all future legislative deliberations on the State Budget under the Open Meeting Laws rules and procedures applicable to the budget deliberations of cities and counties of this state; ~and be it further RESOLVED, that the League urge the State Legislature to support a reaffirmation of the fundamental covenant of fiscal predictability and continuity among all levels of government in California and that each member of the Legislature acknowledge that the fiscal problems of one level of govemment cannot be satisfactorily addressed by unilateral adjustments of various revenue allocation formulas and other gestures by the Legislature; and be it further RESOLVED, that the League support legislation that provides cities and counties with not less than two (2) fiscal years of notice prior to the effective date of any state legislation that has the effect of changing a revenue transfer/distribution allocation formula pertaining to a tax or other revenue source initially collected by the state on behalf of any local agency or otherwise deposited by law to any account of the state pending distribution to a local agency. No advance notice shall be required if the state has declared that the occurrence of a natural disaster requires a temporary reallocation for a specific period of time not to exceed two (2) fiscal years; and be it further RESOLVED, that the League support legislation to provide cities and counties with not less than two (2) fiscal years of notice prior to the effective date of any state legislation that has the effect of changing a revenue allocation/distribution formula pertaining to a local tax or other locally based revenue source initially collected by a local agency on behalf of other local agencies or otherwise deposited by law to any account of a local agency pending distribution to other local agencies. No advance notice shall be required in the case of enactment of a state law that imposes a new local agency tax, or which eliminates an existing tax or charge, or which increases or decreases 27 an existing tax rate or charge; provided however, the allocation formula of the distribution of local revenues among local agencies applicable to such an increase or decrease shall not be effective until two (2) years shall have elapsed from the date of such increase or decrease; and be it further RESOLVED, that the League support legislation that will require the state to certify, as part of any reallocation of the share of local property taxes among local agencies authorized by Article XIIIA, Section 1 (a) of the California Constitution occurring on and after Fiscal Year 1992-93, that such a reallocation of the share of local property taxes shall not coincide with a reduction of the total percentage of the State Budget that is allocated to providing funds to the operation of the public school system (grades K-12) mandated on the state under Proposition 98 during any fiscal year in which the Legislature may elect to deviate from the local property tax allocation formula in effect during Fiscal Year 1991-92; and be it further RESOLVED, that the League urge the Legislature to support funding of the State Mandate Reimbursement Account at a level sufficient for the state to promptly reimburse local government at a rate of not less than $1.00 of mandate reimbursement for each $1.00 of mandated costs imposed by the Legislature or mandated costs allowed by the Commission on State Mandates or ordered by a court of competent jurisdiction. Resolutions Referred to Committee on Transportation and Public Works 27. RESOLUTION RELATING TO TAX ON GASOLINE AND PETROLEUM PRODUCTS FOR TRANSPORTATION PURPOSES Source: Frank Muratore, Vice Mayor, City of Modesto ]?xe, ff, lx.e,0_~: Transportation and Public Works Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, in 1963, the State of California authorized collection of a tax on gasoline to be used for transportation and traffic purposes; and WHEREAS, there have been significant population increases to this state, which have placed tremendous burdens on local government's ability to construct and maintain transportation facilities; and WHEREAS, during this time, 17 California counties have adopted self-help sales tax programs to augment the gas tax sources and resolve local transportation issues; and WHEREAS, there are 41 counties with local governments that are totally dependent on the gas tax to fund local transportation projects; and 28 WHEREAS, the purchasing power of the gas tax has not kept up with the population increases and inflation that have occurred, placing a further burden on construction, repair, and maintenance of transportation projects; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League urge the State Legislature to reevaluate the current level of tax on gasoline and petroleum products for transportation purposes; and be it further RESOLVED, that at a minimum, the State Legislature should consider a graduated increase to the gas tax levels to address the increases in population and costs faced by local governments, since the last increase to maintain a proportional level of tax collections as was originally established in 1963; and be it further RESOLVED, that copies of this resolution be sent to the Governor of the State of California, and to all members of the State Legislature. 28. RESOLUTION RELATING TO AT-GRADE RAILROAD CROSSINGS Source: City of Merced l?~fg~7.f,d~: Transportation and Public Works Policy Committee Preliminary ~ecommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, cities throughout the State of California have been planned with thousands of at-grade rail crossings; and WHEREAS, it is recognized that at-grade rail crossings are not as safe as grade separated crossings; and WHEREAS, Public Utilities Commission regulations prohibit construction of additional at-grade crossings; and WHEREAS, the cost of constructing grade separated crossings may be prohibitive for many communities; and WHEREAS, railroad crossing issues are matters of home rule and not of state-wide concern; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League oppose regulations prohibiting the construction of additional at-grade crossings and further supporting the right of home rule. 29 29. RESOLUTION RELATING TO ANTELOPE AND SAN JOAQUIN VALLEYS HIGH SPEED RAIL ROUTE ~ko. ur_~: South San Joaquin Valley Division ]~fg, lzegLt_q: Transportation and Public Works Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, the Antelope and San Joaquin Valleys High Speed Railway Alliance has been formed to vigorously work to assure that the new California High Seed Ground Transportation System now being planned at the direction of the State Legislature will result in a High Speed Rail Line that provides maximum convenience to populated areas in the Antelope and San Joaquin Valleys, as well as major communities at the northern and southern ends of the state; and WHEREAS, the California Legislature, by enacting AB 971, specified the Los Angeles, Fresno, Bay Area/Sacramento Corridor be created and a new railway alignment be established through and across the Tehachapi mountains that separate the San Joaquin and Antelope valleys and their population centers, and also suggested such other new rail routes as are necessary elsewhere; and WHEREAS, ~subsequent extensive and costly publicly-funded studies have concurred that the most practical route for a new high speed rail line connecting both ends of California will pass through the populated areas of the Antelope and San Joaquin Valleys, both of which have been identified as the highest growth areas of the state; and WHEREAS, the primary need and purpose of the High Speed Ground Transportation System for travelers is to move people to and fi.om mid-line cities to end points and back and not mainly to connect the end-line cities that already enjoy fast, economical and fi'equent air service; and WHEREAS, fast and convenient access to the new Palmdale-Lancaster International Airport by high speed rail service is essential to maximize the public benefits of convenient transfers between the airport and the rail network; and WHEREAS, the California Transportation Commission, and rail studies have determined that the new high speed rail system must be able to move both passengers and much fi.eight now carried in trucks and containers on our crowded highways in order to reduce traffic congestion, and reduce air pollution to meet federal mandates; and WHEREAS, a high speed rail route passing from the Los Angeles area through the Lancaster-Palmdale International Airport, thence northward to Bakersfield and Fresno to the Bay area and Sacramento will serve all the people of California better than any other alternative alignment; now, therefore, be it 30 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League join with the Antelope and San Joaquin Valleys High Speed Railway Alliance in supporting the Antelope and San Joaquin Valley route, and hereby urge the Governor, the Legislature, and the Very High Speed Ground Transportation Commission created by SCR 6 to formally adopt the route herein proposed. 31 AGENDA SUMMARY ITEM NO. 9e DATE: October 1995 REPORT SUBJECT: APPROVAL OF A DEMOLITION PERMIT APPLICATION TO DEMOLISH A RESIDENTIAL STRUCTURE OVER 50 YEARS OLD LOCATED AT 1180 COMMERCE DRIVE SUMMARY: On September 14, 1995, the Demolition Permit Review Committee voted unanimously to recommend approval of a demolition permit application to demolish the single family residence located at 1180 Commerce Ddve. The structure is believed to have been constructed in 1880, and was remodeled in 1953. In 1962, a major second story addition was constructed, and in 1967 it was moved to its present location to accommodate the alignment and construction of Highway 101. Immediately after its relocation, 70% of the structure was remodeled. Based on the fact that the structure has been extensively remodeled, is not listed in the City Architectural and Historical Inventory Report, does not exhibit unique or special architectural features, and does not have a special or particular quality such as the oldest, best example, largest, or last surviving example of its kind, the Committee concluded that the structure does not have historical or architectural significance. (continued next page) RECOMMENDED ACTION: City Council determine that the structure located at 1180 Commerce Drive is not historically significant, and direct the issuance of the Demolition Permit. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that the subject structure is historically significant, and deny the Demolition Permit. 2. Remand the demolition proposal back to staff for further research and evaluation into the historical significance of the structure. Acct. No. (if not Budgeted): N/A Acct. No.: (if budgeted) Appropriation Requested: N/A Citizen Advised: Applicant, Gary Akerstrom Requested by: Gary Akerstrom/Redwood Business Park of Ukiah Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, Interim City Manager and Bob Sawyer, Planning Director Attachments: 1. Location Map and application 2. Demolition Permit Review Committee "Minutes" 3. Memorandum from Judy Pruden, dated September 27, 1995 Candace Horsley, Intedn City Manager However, the committee did not have the benefit of information regarding its potential social or cultural historical significance. Subsequent to the September 14, 1995 meeting, additional research was conducted by Ms. Judy Pruden, Chair of the Demolition Permit Review Committee (attached). Ms. Pruden concludes that a number of pioneer families have owned or been associated with the structure, and that even though it has been severely altered, it represents a good example of a Ukiah Valley Farm House. She concludes further that rather than demolish the structure, it should be moved and rehabilitated. STAF-RP'~DEM7-AGN.SUM LOCATION MAP- 1180 COMMERCE DRIVE % % t t % t t t % I t I t t I ! I \ · · 'x'$ z" !--C,'-O R GO='Y u.l~, ~, ~4~ BUILDING PERMIT PH. (707) 463-6208 {-/5 ) · -q MINUTES DEMOLITION PERMIT REVIEW COMMITTEE September 14, 1995 MEMBERS PRESENT OTHERS PRESENT Clif Shepard Charley Stump, representing Bob Sawyer Larry Woods Judy Pruden, Chairperson Gary Akerstrom Marge Giuntoli, Recording Secretary MEMBERS ABSENT Thomas Parducci CALL TO ORDER The meeting of the Demolition Permit Review Committee was called to order at 11:06 a.m. in Conference Room 1,300 Seminary Avenue, Ukiah, California by Chairperson Judy Pruden. ROLL CALL Roll was taken with the results listed above. It was noted that Larry Woods has replaced Rick Kennedy on the committee. Mr. Stump, representing Mr. Sawyer,. indicated he had made repeated unsuccessful attempts to contact Member Parducci regarding the meeting. APPROVAL OF MINUTES Due to the change in Recording Secretaries and certain logistical problems, the June 1 Minutes were unavailable for preview pdor to the meeting. Chairperson Pruden distributed copies of the Minutes to the members in attendance and suggested continuing their approval to the next time the committee convenes. It was the unanimous consensus of the members present to do so. Chairperson Judy Pruden advised, as a final note to the meeting of June 1, 1995, that the property located at 838 North State Street was demolished by a practice bum conducted by the Fire Department on June 18, 1995. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS There was no audience present. APPEAL PROCESS DEMOLITION PERMIT REVIEW COMMITTEE Page 1 September 14, 1995 Chairperson Pruden read the appeal process after the arrival of Mr. Akerstrom at 11:10. She advised the vote taken in the committee was only for recommendation and to poll committee members' opinion. OLD BUSINESS It was recommended that this item be added to future agendas, thereby allowing follow-up comments to be made on past actions/demolitions. NEW BUSINESS a. Demolition Permit No. 8291, as filed by Gary Akerstrom, to demolish an existin.q sin.qle family residence at 1180 Commerce Ddve. Chairperson Pruden advised the historical address for that particular property is 1083 Hastings Avenue and is listed on the tax records as such. She inquired of Mr. Akerstrom if he was aware that all structures over 50 years of age need an evaluation. She indicated there are two pieces of property in that area that need to have evaluations. The evaluation process for the above property has not been completed due to difficulties in the process. The residence requested for demolition was built in the 1880s outside the incorporated area of the City of Ukiah. She is having difficulty determining where it was originally located, and indicated she needs assistance from the property owner in secudng a histodc legal property description. She asked Mr. Akerstrom if he has title insurance, and indicated the title company will not give her the information she is seeking. She would like Mr. Akerstrom to run a chain of title, without which it will take 20 to 30 hours of research time. She commented this should have been done by Leonard Chades as part of the EIR process, and she was unwilling as a volunteer to spend the research time without assistance from the applicant. Gary Akerstrom, applicant, replied that he did have title insurance, but felt a chain of title on the property would not be helpful since the residence was not originally located there. Chairperson Pruden, referring to vadous maps, indicated the parcel she wished him to research. Discussion followed regarding exactly on which lot the residence was previously located and therefore which parcel should be researched. Mr. Akerstrom agreed to provide Chairperson Pruden with the information from the chain of title. Chairperson Pruden stated she had the relevant information from 1935 to the present. What she is requesting is that he provide her with information prior to 1935. Mr. Akerstro.m informed her he will go back as far as the Yokayo Rancho grant. Discussion followed regarding treaty dghts and land grant history. DEMOLITION PERMIT REVIEW COMMITTEE Page 2 September 14, 1995 Mr. Stump inquired if this matter could be moved along to the City Council with the historical social/cultural information to follow, since the residence requested for demolition does not appear to have historical architectural significance. Based on his review of the materials the house has been significantly altered, and has no architectural features that warrant its preservation. ON A MOTION by Mr. Stump, seconded by Member Shepard, it was carried by unanimous consensus of those members present to recommend to the City Council that the residence located at 1180 Commerce Ddve has no historical architectural significance and should be demolished, and further, that the City Council consider any social or cultural history information that is presented, prior to making a final determination. Chairperson Pruden stated she needs to do a site visit to complete her evaluation. Discussion followed regarding the appropriate time to accomplish this. Chairperson Pruden asked Mr. Akerstrom if he had any objection to someone moving the house or taking it for salvage. Mr. Akerstrom replied he had no objection to either of those suggestions. Chairperson Pruden reported on the Davidson house on East Perkins, next to the Redemeyer house. She indicated she is meeting with a salvager who is a licensed, bonded contractor to put together a proposal to see if they can get the project completed, since the building has become an eyesore. She further stated the Redemeyer house on East Perkins needs weed abatement. It appears the house is just going to sit there until arrangements are made for it to be moved. A short discussion followed regarding a new committee structure for demolition review. ADJOURNMENT There being no further business, the meeting was adjourned at 11:43 a.m. Judy Pruden, Chairperson Marge Giuntoli, Recording Secretary b:dr91495.min DEMOLITION PERMIT REVIEW COMMITTEE Page 3 September 14, 1995 MEMORANDUM DATE: TO: FROM: SUBJECT: September 27, 1995 Bob Sawyer, Planning Director Judy Pmden, Chairman, Demolition Review Committee Demolition Application 1180 Commerce Drive (1180 Hastings Avenue) PREFACE: This evaluation is written in the same format styling which was used in the City's "Historical Resources Inventory Report". Had this geographical area been included in the survey we would have done an historical evaluation on the property. It is my opinion that this property would have made it into the "Inventory Report". On November 13, 1883 the Hastings Suburban Addition to the Ukiah City was filed at the Mendocino County Courthouse. The Suburban Addition was 20 lots ranging in size from 18 to 25 acres. Hastings Avenue was to go from State Street to the Russian River. Lot 14 (21.5 acres), bounded on the north by Talmage Road and on the south by Commerce/Hastings Avenue, was sold to J.B. Hoss in December 1883 for $1,578.00. Hoss purchased the property from the owners of the Yokayo Rancho, Hastings and Carpenter. There are no remaining tax rolls for Ukiah from 1873 - 1886 but the 1887 shows $600.00 worth of improvements on the land. This would indicate a house, barn and outbuildings. Hoss is listed as having wagons, horses, cows, chicken and pigs. It is probable that the house structure was built in 1884. There is at the current time little biographical information about the Hoss family. It is known that the Hoss family bought five parcels of property between 1867 to 1883. They were prosperous, middle-class farmers. The value of their ranch doubled in their 18 years ownership. From 1902 to 1905 the property passed through four ownerships. In 1905 R.R. Thompson bought the ranch. Thompson was probably a member of the very large pioneer family who settled in the Willits area. He was also a successful farmer, owning other agricultural property. He lived on the property for 20 years, selling it in 1925. The property continued to function as a small ranch by absentee ownership to World War II. In 1942 Russell Scott purchased the acreage. The Scott-Smith families are pioneer families in Ukiah. Their families were some of the most prominent members in the community. The Scott family also owned portions of Lots 5, 6, 7, 11 and 12 in the Hastings Suburban Addition. These other lots are contiguous or nearly contiguous to Lot 14 and the several parcels-acreage was referred to by the family as "the ranch". In 1946 Russell Scott's married daughter, Shirley Scott Jacobsen and her husband, Richard, moved into 1180. They lived in the home from 1946 to 1986. They were a well- known family, and numerous Ukiahans have been to the home for social Judy Pruden Demolition App: 1083 Commerce Drive Page Two gatherings. The Scott-Jacobsen family is responsible for the numerous remodelings. The major one was in 1953 which modernized the home, wiring, plumbing and converted the large attic area into bedrooms by adding front dormers. In 1967 the 101 Freeway was completed and the front door of the house was 8 feet from the Highway boundary. The State of California paid to have the house moved approximately 200 feet southwest to its current location. The house was remodeled with rear additions at that time. (Lot 14 is now part of the Wal-Mart parcel and the house was located in what is the SE comer of the back parking lot.) Although the house structure has had numerous additions, the central core of the original farmhouse is intact. The original house would have had a hip-style roof porch across the front. The original porch posts were re-cut and used on the new 1967 side porch. The remodeling in 1953 was of exceptional high quality, making rehabilitation/restoration a strong possibility. The altered structure is important due to its age and historical associations with pioneer families. Its style is a good example of the residential choice of a prosperous farming family. The Ukiah Valley has very few historical farmhouses left from this period and the City has only two or three. The historical significance is enough to prohibit the house from being demolished. However, the house needs to be moved from its current location so that it can be rehabilitated. JP/mh ITEM NO. 9f MEETING DATE: 10/04/95 AGENDA SUMMARY REPORT SUBJECT: Retention of special legal counsel for clean water act claims SUMMARY: In late August the City received a letter from the National Heritage Institute, a public interest law firm in San Francisco, representing two property owners near the City's landfill and the Friends of the Russian River. The letter claims that the City is violating the federal Clean Water Act in its operation of the landfill. Before a citizen can file suit under the Clean Water Act, he or she must provide the defendant with written notice of the claims 60 days in advance. For this reason, I anticipate litigation, unless we can settle the claims prior to the filing of a complaint. It is not unusual to settle these claims based solely on the letter. Clean Water Act litigation is a specialty. In the course of researching this area of the law and investigating the facts, I called Rick Jarvis, an associate with Meyers, Nave, Riback, Silver and Wilson. Rick had written an amicus brief in a clean water act case pending in the 9th Circuit. He is currently representing Healdsburg in a clean water act claim by the same National Heritage Institute and the Friends of the Russian River. He has alot of recent background in the clean water act and in dealing with the Continued on page 2. RECOM~R~ED ACTION: 1) Authorize Mayor to sign a retainer agreement with Meyers, Nave, Riback, Silver & Wilson, provided the agreement conforms to the terms disclosed to the City Council and is approved as to form by the City Attorney. 2) Approve budget amendment to transfer $20,000 from fund 115, general fund reserve, to account number 100-1401-250, City Attorney contractual services. ALTERNATIV~ COO-NCIL POLICY OPTIONS: Refuse to approve agreement or propose changes to the agreement before approval. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: $20,000 (if budgeted) Citizens Advised: N/A Requested by: City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: Candace Horsley, City Manager Attachments: Firm Resume for Meyers ~irm; reser,ve f~ur~ analysis Approved:~~_-- i~~~ ../t.~ SUMMARY (Continued from page 1) National Heritage Institute. I have worked with the Meyers firm in the past and respect the quality of their work. See, also, the attachment describing the firm. I want to retain the firm to work with me on the case. I would act as lead counsel and use the firm. as needed. I would work mainly with Rick, but Steve Mattas, a partner might have some involvement, as well as paralegals who work in the firm. The objective will be to obtain the best legal defense for the City at the lowest cost. s:\u\docs94\agenda\belin September 29, 1995 East Bay Office 777 Davis Street, Suite 300 San Leandro, CA 94577 Telephone: (510) 351-4300 Facsimile: (510) 351-4481 MEYERS, NAVE, RIBACK, SILVER & WILSON A Professional Law Corporation Santa Rosa Office 555 Fifth Street, Suite 230 Santa Rosa, CA 95401 Telephone: (707) 545-8009 Facsimile: (707) 545-6617 About Meyers, Nave, Riback. Silver & Wilson Public entities are facing unprecedented challenges. How to satisfy numerous constituents with diminished funds has emerged as the issue for this decade. More than ever, the attorneys who represent public entities must be knowledgeable in all areas of public law, highly cost-effective, skilled at diplomatically articulating their position and must be winning advocates. Meyers, Nave, Riback, Silver & Wilson has a proven track record for obtaining results and a strong reputation for outstanding legal Service. Founded in 1986, our 14-attorney practice is dedicated to public law. The services we provide are unparalleled in Northern California. Our extensive knowledge of all areas of municipal law, coupled with our experience in negotiating and litigating, allows us to cut to the core of the problem or issue to be resolved. Our clients include more than 65 cities, towns and counties and 20 redevelopment agencies, as well as housing authorities, water districts, transportation authorities, fire districts, risk management authorities, open space districts, and sanitation districts. We work with a variety of public officials ranging from councilmembers to city managers, planning directors to public works directors, and finance directors to risk managers. Our knowledge of public law is grounded in experience. Each of our partners has worked in public agency law for more than 20 years. Our attorneys are recognized as authorities in their fields. Members of the fh'm give presentations and write extensively on public law. Members are contributing authors and editors for League of California Cities' publications, such as the City Clerks' Handbook, the Planning Commissioners' Handbook, and the Municipal Law Handbook. One member served as the Editor of the Ethics Handbook and the Public Law Journal of the Public Law Section of the California State Bar. Another member teaches a program on land acquisition for the California Redevelopment Association twice annually. Other members have given presentations to the League of California Cities on a variety of topics including eminent domain, the Subdivision Map Act, the Brown Act, initiatives and referenda, distribution of Municipal Court fine revenues, retirement and personnel issues, adult business regulation and recent legislation. One member has taught local government law at the University of California at Berkeley (Boalt Hall) and other members have taught at Boalt Hall and at other local law schools. Our A_~t~roach to Service In addition to being dedicated to the highest caliber legal service, Meyers, Nave, Riback, Silver & Wilson places great emphasis on how we deliver our counsel. From the newest associate to the most senior partner, all members of our firm are committed to outstanding service and cost efficiency. We know that rapid response to legal questions is critical. Our attorneys respond to questions and provide necessary information quickly and within a time frame which meets our clients' needs. We utilize a team approach to ensure accessibility. Our clients are assured of knowing all of the members of the team serving them, thus guaranteeing that a qualified attorney -- one who is knowledgeable about their issues -- is readily available to assist them. We are committed to cost efficiency. With our main office located in the central East Bay, the firm maintains a low overhead and consequently offers highly competitive legal fees. We seek to assist our clients in resolving the matter at hand as quickly as possible and with the least expenditure possible. By advising clients at the early stages of an issue, we are able to offer counsel on the degree of exposure and how to minimize losses. The firm uses automation to reduce costs. To augment our extensive law library, we maintain a computerized database containing all of our substantive research. By creating this dynamic reusable source, we are able to offer depth of expertise without duplication of effort in many situations. Practice Areas We provide legal advice and representation in all areas affecting local public entities, including general municipal law, land use and environmental law, eminent domain, employment issues, revenue and taxation issues, public entity tort liability, elections law and redevelopment. Our members have extensive litigation experience both at the trial court and appellate level. Municipal Law We currently serve as the City Attorney for Clearlake, Cloverdale, Dublin, Gonzales, Healdsburg, San Juan Bautista, San Leandro, Saratoga, Soledad, Sonoma, South San Francisco and Windsor. We advise these municipalities on the Brown Act, the Political Reform Act and other procedural legislation affecting the operation of government, and in all substantive areas, including land use and environmental law, public works and contracts, finance and taxation, elections law and personnel practices and procedures. Our representation of these municipalities includes day-to-day advice to staff; attendance at Council meetings and meetings of commissions and boards; preparation of resolutions, ordinances and agreements; and representation in litigation. Land Use and Environmental Law There are two facets to our land use and environmental practice: advice and litigation. Meyers, Nave, Riback, Silver & Wilson attorneys have the necessary knowledge and experience to provide advice and counsel to our clients in the land use process to assure compliance with the State Planning and Zoning Law, the California Environmental Quality Act and other land use and environmental laws. One of our attorneys has seven years' experience as a planner and is a member of the American Institute of Certified Planners. We have assisted cities in updating their general plans and in adopting specific plans. Our attorneys review plans and environmental impact reports, prepare all necessary findings and resolutions, and work with city staff to assure our clients' actions will be as defensible as possible. We assist our clients in processing conditional use permits and variances to assure that such actions are consistent with applicable general plans and are supported by appropriate findings. We have special expertise in annexation, detachment and incorporation proceedings, including negotiations for property tax sharing agreements. If land use decisions are challenged in court, as often happens for a variety of reasons, we vigorously defend our clients' decisions. Although no law fu-'m wins every case, Meyers, Nave, Riback, Silver & Wilson has an outstanding track record in land use and environmental litigation. We successfully defended a CEQA and general plan challenge to the adoption of a general plan amendment and specific plan for 6,000 acres adopted by one East Bay city we represent. We prevailed in the trial court against a challenge to a County's approval of a general plan amendment and specific plan for a 30,000-acre "new town"development. The primary issue was whether the County adequately addressed water supply impacts under CEQA. Petitioners also raised challenges under the Williamson Act and the Endangered Species Act. The case is now on appeal. Another city was challenged by an environmental group over the development of a 750-home residential project. The case was unusually complex because the plaintiffs claimed not only that the environmental impact report was inadequate but also that the development diminished wetlands, impacted an endangered species, and involved toxics. We prevailed in both the trial court and on appeal. We successfully represented a Peninsula city in connection with the development of an in-fill project. The environmental impact report was challenged by two neighborhood groups but was upheld by the trial court and the Court of Appeal. Our attorneys recently defended a North Bay city in an action challenging the city's denial of a developer's proposed affordable housing project. The case involved novel issues relating to California's anti-NIMBY and housing discrimination statutes. After a nine-day trial, the Court dismissed the developer's challenge. We recently obtained a judgment in favor of a Central Valley city challenged for allegedly not taking sufficient steps to protect an endangered speCies. The court found that the city fulfilled the requirements of a previously adopted mitigation plan. The firm has also represented public entries as plaintiffs in land use and environmental litigation. Our attorneys successfully represented one city in challenging an adjacent city's approval of a rezoning on general plan consistency grounds. We represented a North Bay city in a successful challenge to a proposed construction project which would have interfered with the city's water supply. Finally, we successfully represented an East Bay city in an action challenging a county's adoption of a general plan amendment. Eminent Domain Meyers, Nave, Riback, Silver & Wilson has an outstanding track record in eminent domain. The head of this practice was recently selected to preside over an eminent domain jury trial in Contra Costa County, a distinct honor for a practicing attorney. Our legal services span the entire range of eminent domain work. During the critical pre-acquisition planning stage, we advise clients on the legal consequences of site selection and project design and provide necessary instructions to the appraiser. At the negotiation stage, we draft agreements related to acquisition and relocation. We provide relocation assistance advice and coordinate goodwill appraisals and business inventories. We assist staff in preparing evidence to support the adoption of a legally defensible "resolution of necessity," including review of environmental clearances. At the litigation phase, our attorneys review title reports, prepare all condemnation pleadings, obtain orders of possession, conduct discovery, and prepare necessary motions and represent our clients at trial. Our attorneys bring exceptional skills to the courtroom. We have represented numerous public agencies in condemnation proceedings and have tried more than 50 jury trials in eminent domain cases. We have also handled a number of appeals in eminent domain actions, including cases which have resulted in published Court of Appeal decisions. Meyers, Nave, Riback, Silver & Wilson has represented public entities in the acquisition of land for streets, .highways, airport expansions, overpasses, sewage easements, sewage treatment plants, parks, housing projects, senior citizen housing, schools, water treatment plants, water distribution facilities, parking lots, flood control improvements, and hospitals. We also represent public entities in the acquisition of public utilities. We help our clients navigate through the difficult legal process of establishing the advantage of public ownership. These cases, tried under the doctrine of "more necessary use," present unique issues which few eminent domain practitioners have confronted. Employment Law Meyers, Nave, Riback, Silver & Wilson represents municipalities in various aspects of employment law. We are highly skilled in resolving issues diplomatically, quietly and, if at all possible, without litigation. We advise public agencies on labor negotiations, employee benefits, and retirement issues. Members of the f'n'm assist in developing and revising personnel regulations, and advise our clients in connection with employee disciplinary actions. We handle arbitrations involving contract interpretation as well as disciplinary actions. Our attorneys represent cities when faced with charges of wrongful termination, gender or racial discrimination or sexual harassment. We also provide advice and representation on issues arising under the Fair Labor Standards Act and the Americans with Disabilities Act. Revenue Issues As property tax and other general fund revenues are increasingly restricted, cities are relying on other revenue sources to underwrite needed services that were previously supported by the general fund. Meyers, Nave, Riback, Silver & Wilson advises cities in the formation of landscape and lighting districts and in the imposition and increase of annual assessments. We prepare necessary resolutions and ordinances for imposition of special taxes for police protection and advise cities on other financing methods, such as franchise fees, utility user taxes, parcel taxes and business license fees. We have also represented dozens of cities throughout the state in litigation involving the allocation of fines and forfeitures between cities and counties and on charges for property tax and criminal justice administration by counties. The firm has also litigated cases challenging fees adopted by initiative. We successfully negotiated an. almost three-fold increase in the amount of property tax for a newly incorporated city without resorting to costly and time-consuming litigation. The firm also represents cities in the foreclosure of delinquent special assessment bonds under the 1911 Act, the 1915 Act or the Mello-Roos Community Facilities Act. Public Agency Tort Liability Meyers, Nave, Riback, Silver & Wilson serves as defense counsel to public agencies in such areas as inverse condemnation, police conduct, dangerous and defective conditions of public property, and other litigation covered by the Tort Claims Act. We also represent public agencies in actions alleging violations of civil rights, both in state and in federal courts. We serve as general counsel to several pooled risk joint powers authorities and are active members of the California Association of Joint Powers Authorities. Elections Law We provide advice to public entity clients regarding initiatives, referenda, advisory measures and other elections issues. Our attorneys have defended decisions related to referenda, both in the trial court and on appeal. Because of our many years of experience in providing advice to city clerks and city councils and our litigation experience, we are prepared to act quickly in this time-sensitive area of the law. Redevelopment Our redevelopment attorneys assist redevelopment agencies in their formation, provide advice regarding compliance with the California Redevelopment Law and draft the necessary documentation for adoption of redevelopment plans. We also assist agencies in the preparation, negotiation and implementation of disposition and development agreements for commercial and residential projects. Our fu'rn represents redevelopment agencies in the acquisition of property for redevelopment to carry out the goals of the redevelopment plan, including eminent domain actions, if necessary. We provide on-going advice to our clients regarding changes in the California Redevelopment Law and the use of tax increment monies. Litigation Members of Meyers, Nave, Riback, Silver & Wilson have extensive litigation experience and have handled more than 100 trials. While resolution of disputes through the courts is rarely the preferred course of action, our attorneys have the skills to provide the best possible representation, whether our client is the plaintiff or the defendant. Our attorneys handle cases ranging from those which can be resolved solely based on legal arguments to those requiring extensive discovery and lengthy trials. We actively represent our clients in state and federal courts, in alternate dispute resolution settings, and before administrative agencies such as the Public Utilities Commission or the Regional Water Quality Control Board. Among the many cases we have successfully litigated are those involving land use and zoning, environmental and toxic waste regulations, public works contract disputes, eminent domain, employment issues, and elections matters. We defend public entities in tort actions including actions alleging negligence, design defects and use of excessive force. Appellate and Writ Practice Meyers, Nave, Riback, Silver & Wilson provides comprehensive representation at all stages of the appellate process. The fu-'rn aggressively represents its public entity clients when trial court rulings are appealed. We also act as special appellate counsel in cases tried by other counsel in the lower courts. Members of the firm have successfully argued cases before the California Courts of Appeal, the California Supreme Court and federal appellate courts. Our appellate practice covers the full breadth of legal issues affecting public entities, including eminent domain, land use, environmental law, constitutionality of regulations, elections issues, and civil tort cases involving personal injury or property damage. In a recent published appellate decision in an eminent domain case involving the valuation of dedicated property, we successfully demonstrated that the jury had been given improper instructions on how to value property. This reversal saved our client in excess of $1.5 million. In another published appellate decision, we represented the landowner in a foreclosure action brought by the holder of an assessment district bond. In winning the appeal, which involved the calculation of penalties, we saved the landowner hundreds of thousands of dollars at no cost to the assessment district. Our firm also has an extensive writ practice. We have successfully defended many types of challenges to administrative decisions, including cases involving CEQA, land use decisions, and general plan challenges. 11695 East Bay Offic~ 777 Davis Street, Suite 300 San Leandro, CA 94577 Telephone: (510) 3514300 Facsimile: (510) 351-4481 MEYERS, NAVE, RIBACK, SILVER & WILSON A Professional Law Corporation Santa Rosa Office 555 Fifth Street, Suite 230 Santa Rosa, CA 95401 Telephone: (707) 545-8009 Facsimile: (707) 545-6617 Biographies of Attorneys Partners Steven R, Meyers. Mr. Meyers is the managing partner of Meyers, Nave, Riback, Silver & Wilson. Mr. Meyers specializes in land use and environmental law issues and has successfully tried a number of major cases challenging land use actions by public entities including the cities of Danville, Menlo Park, San Leandro, Sebastopol and Stockton and the County of Stanislaus. Mr. Meyers graduated from the University of California at Santa Barbara in 1969 and received his J.D. degree from the University of California, Hastings College of the Law where he was a member of the Order of the Coif. Following his graduation in 1973, Mr. Meyers has devoted his practice to municipal law. He has served as City Attorney and Redevelopment Agency Counsel for the City of San Leandro since 1979 and Town Attorney for the Town of Windsor and General Counsel for the Windsor Water District since 1992. Mr. Meyers was Chairman of the Executive Committee of the State Bar Public Law Section in 1994 and served as Editor of the Public Law Journal; he has served on the Legislation Committee of the City Attorneys' Department of the League of California Cities, was President of the Bay Area City Attorneys' Association and was a recipient of the John J. McCloy Fellowship in Urban Studies in 1984. He is a board member of the Bay Planning Coalition. Michael R. Nave. With almost 30 years civil litigation experience, Mr. Nave is an acknowledged expert in eminent domain and inverse condemnation litigation. He has represented more than 75 different public agencies in condemnation actions and has tried over 50 jury trials. Mr. Nave received his Bachelor of Arts degree from San Jose State University in 1961 and his J.D. degree from the University of California, Hastings College of the Law in 1964. He served as President of the San Mateo County Trial Lawyers Association from 1974 to 1975, and served two terms on the Condemnation Committee of the State Bar. Mr. Nave has lectured and written numerous articles on eminent domain for the League of California Cities, the California Redevelopment Association and the International Right of Way Association. He served as City Attorney for the City of Dublin from 1982 to 1991, and as Interim City Attorney for the City of South San Francisco in 1994. He is General Counsel to the Alameda County Housing Authority and the Moss Landing Harbor District. He has acted as a Judge Pro Tern for the San Mateo County and Contra Costa County Superior Courts in eminent domain cases. Michael S. Riback. Mr. Riback, a founding partner, has practiced municipal law since 1972. Mr. Riback has special expertise in land use, zoning, subdivisions, public works, public safety, public records and public meeting laws, and labor law. Mr. Riback is a 1968 graduate of the University of California, Los Angeles and received his J.D. degree from Loyola University School of Law in 1971. Since graduation in 1972, Mr. Riback has practiced exclusively in the field of public entity law. Mr. Riback has served as City Attorney for the City of Saratoga and the City of San Juan Bautista since 1991 and Chief Assistant City Attorney for the City of San Leandro since 1979. Mr. Riback also serves as General Counsel for the Oro Loma Sanitary District. Mr. Riback has served on committees of the League of California Cities and the National Institute of Municipal Law Officers. He is currently serving as President of the Bay Area City Attorneys' Association. Mr. Riback has delivered papers at League of California Cities' conferences, including the City Attorneys' Spring Conference, Fire Chiefs' Leadership Seminar and the Planners' Institute. Mr. Riback has conducted workshops for city councilmembers, county supervisors, commissioners, board members, city clerks, managers and other staff, on the Ralph M. Brown Act and conflict of interest issues throughout the State. Elizabeth H. Silver. A founding partner of Meyers, Nave, Riback, Silver & Wilson, Ms. Silver's practice emphasizes municipal revenue and tax issues, personnel and labor law, and land use law. She has represented numerous cities throughout the state in litigation against counties concerning the distribution of Municipal Court revenues and in litigation concerning the validity of property tax and criminal justice administration fees. Ms. Silver has also represented cities in litigation involving retirement issues and served as counsel for the class representative for all cities contracting with the Public Employees Retirement System. She has also successfully tried writ of mandate actions raising general plan challenges. Ms. Silver has practiced municipal law since 1975. She is City Attorney for the City of Dublin, Assistant City Attorney for the City of San Leandro and Assistant Town Attorney for the Town of Windsor. A 1966 graduate of Northwestern University, Ms. Silver received her J.D. degree from the University of California, Hastings College of Law in 1974. Ms. Silver has been a speaker at various League of California Cities' conferences, including the Annual Conference, the Spring Conference, the Financial Management Seminar, the Employee Relations Institute and the City Attorneys' Continuing Education Seminars. She currently is a member of the League's City Attorneys Department Public Records Committee. She was Vice Chair of the Legislation Committee in 1991-1992 and Chair in 1993-1994. Ms. Silver also served as President of the Bay Area City Attorneys' Association in 1991. Kenneth A. Wilson. Mr. Wilson merged his successful municipal law practice with the firm in 1993. His practice emphasizes liability defense, personnel law, and land use and environmental law. Mr. Wilson was the City Attorney for the City of Williams for nine years and has had extensive trial experience as the Colusa County Public Defender from 1975-1981; he is currently the City Attorney and Redevelopment Counsel for the cities of Clearlake, Cloverdale, Healdsburg, and Sonoma. A 1963 graduate of the University of Oregon, Mr. Wilson received his J.D. degree from the University of California, Hastings College of the Law in 1968. Mr. Wilson is the representative of the Redwood Empire Division for the League of California Cities' Legal Advocacy Committee. He is a member of the Redwood Empire Trial Lawyers Association and Judge Pro Tern for the Sonoma County Superior and Municipal Courts. Mr. Wilson has lectured and teaches Local Government Law at Empire College School of Law and is President of the Sonoma/Marin Government Attorneys' Association for 1994-1995. Associates Clifford F, Campbell. Mr. Campbell has 20 years of litigation experience, including eleven years with the Alameda County District Attorney's Office where he tried over 75 jury trials. His practice focuses on public entity defense in tort actions, contract actions, and civil rights actions. He has successfully defended cities against claims for attorneys fees, and has represented cities in nuisance abatement and code enforcement actions. He frequently advises pooled risk insurance authorities concerning issues of insurance coverage. Mr. Campbell received his undergraduate degree from the University of California at Berkeley in 1971 and his J.D. degree from Golden Gate University in 1974. He has taught legal courses through the California Community College System. Michael F, Rodri~_uez. Mr. Rodriquez has practiced municipal law since 1987 with an emphasis in personnel, police, land use and public entity defense. He has successfully represented a number of cities in disciplinary appeals, both at the administrative level and in Superior Court. He serves as City Attorney for the cities of Gonzales and Soledad. Mr. Rodriquez received both his B.S. (1981) and his J.D. (1986) degrees from the University of California at Berkeley. Mr. Rodriquez teaches Legal Writing at the University of California at Berkeley (Boalt Hall) and is an instructor for the Alameda Independent Living Skills Program where he teaches legal rights and principles to emanciPated minors. Kathleen Faubion. With over seven years of experience as a land use planner, Ms. Faubion focuses her practice on land use law and environmental law. She has provided invaluable advice to many agencies in amending general plans, zoning ordinances, and similar regulations and in preparing environmental impact reports, negative declarations and related findings. Ms. Faubion graduated from Pitzer College in Claremont, California in 1973, then obtained a Masters Degree in Social Work from the University of Michigan in 1975 where she specialized in community practice. After seven years with the Santa Barbara County Planning Department, she returned to school and received her J.D. degree from the University of California at Davis in 1987. Since then, Ms. Faubion has devoted her practice to land use and environmental issues in municipal law. She is a member of the American Institute of Certified Planners (AICP) as well as the American Planning Association and the Association of Environmental Professionals. Wendy A. Roberts. Ms. Roberts' practice focuses on eminent domain, environmental and land use law and all aspects of civil litigation. She has represented numerous public agencies, and has successfully tried several cases at both the trial court and appellate level. Ms. Roberts has also served as special counsel for fire districts. Ms. Roberts was a research attorney for the Contra Costa County Superior Court from 1989 to 1990. She graduated from the University of the Pacific in 1981 and received her J.D. degree from the University of California at Davis in 1988 where she was an editor of the Law Review. David W, Skinner. Mr. Skinner is a trial lawyer who specializes in representing public entities in all phases of litigation pertaining to land use, eminent domain, environmental and government tort law. Mr. Skinner has successfully tried several cases. He has also represented and advised public entities in connection with the acquisition, ownership, and conveyance of contaminated property, and has given presentations to public officials on how to avoid liability for such ownership as a potentially responsible party under state and federal law. He graduated from the University of California at Berkeley in 1984, and received his J.D. degree from the University of California, Hastings College of the Law in 1989. Steven T. Mattas. Mr. Mattas specializes in municipal, land use, environmental and election law. He serves as City Attorney of South San Francisco and Assistant City Attorney of the City of San Leandro. He has also served as special counsel to other cities in land use and environmental litigation. Mr. Mattas has authored articles and given presentations on public agency compliance with the Americans with Disabilities Act and the regulation and amortization of adult businesses. He also edited a portion of the Municipal Law Handbook. A 1986 graduate of the University of California at Irvine, Mr. Mattas received a Masters Degree in Urban Planning from the University of California at Los Angeles in 1988 and his J.D. degree from the University of California at Davis in 1991. Rick W. Jarvis. Mr. Jarvis specializes in complex land use and environmental litigation. He has litigated numerous cases involving challenges brought under CEQA, the Clean Water Act, the Endangered Species Act, the Williamson Act and the State Planning and Zoning Law. Mr. Jarvis received both his B.A. (1988) and his J.D. (1991) degrees from the University of California at Berkeley. While in law school, Mr. Jarvis worked as a law clerk for the City Attorney of the City of Berkeley. Prior to joining the firm, Mr. Jarvis clerked for the Honorable Wayne D. Brazil, Federal Magistrate for the Northern District of California. He is an amicus brief writer for the League of California Cities and is an active member of the Public Law Section and the Environmental Law Section of the State Bar of California. Larissa M. Seto, Ms. Seto specializes in municipal, redevelopment and water law. She presently serves as the Assistant City Attorney for the City of South San Francisco and the City of San Leandro. Ms. Seto first worked for the firm as a law clerk. She also has worked as a law clerk for the City Attorney's Office in the City of Escondido. In addition, Ms. Seto was an intern with the City Manager's Office in the City of Concord, as well as with the Honorable Milton J. Schwartz, Federal District Judge for the Eastern District of California. Ms. Seto graduated from the University of California at Berkeley in 1991. She received her J.D. degree from the University of California at Davis in 1994, where she earned the American Jurisprudence Award in Water Rights Law. Ms. Seto currently serves on the Board of Directors of the State Bar's California Young Lawyers Association. Of Counsel Andrea J, Saltzman. Ms. Saltzman is recognized for her expertise in appellate and writ practice, but she also has extensive public law experience in California. She has handled more than 30 appeals, and dozens of writs and jury trials. She was a lecturer at the University of Illinois (1984- 89) and visiting professor at the University of Michigan School of Law (1986-87). Ms. Saltzman also taught the course in local government law at the University of California at Berkeley and is the author of numerous law review and bar journal articles, including three articles related to collection of attorneys' fees against public entities. She is also the author of Law in Social Work Practice, a textbook on law for social workers. Ms. Saltzman graduated from Bryn Mawr College in 1967 and received both her M.A. Degree (1969) and J.D. degree (1972) from the University of California at Berkeley, where she was a member of the Order of the Coif. She clerked for Justice Raymond Peters of the California Supreme Court following graduation from law school. 05295 MEYERS, NAVE, RIBACK, SILVER & WILSON SUMMARY OF SIGNIFICANT LAND USE LITIGATION Building Industry Association of Northern California v. City of Livermorc, Alameda Superior Court Case No. V-009255-7 MNRSW successfully demurred to a complaint challenging the authority of the City of Livermore to require developers to install fire sparklers in single-family residences. The case is now on appeal. Steven Meyers and Rick Jarvis represented the City. Butler, Greenbelt Alliance et al. v. City of Dublin City of Pleasanton v. City of Dublin San Mateo Superior Court Case No. 385533 (Consolidated) MNRSW advised the City throughout a five-year process to amend the general plan and adopt a specific plan for approximately 6000 acres. MNRSW then successfully defended the City in two mandate actions alleging non-compliance with CEQA and general plan statutes following adoption of a 6000-acre general plan amendment and specific plan which approved 14,000 dwelling units and 11,000,000 square feet of commercial development. Elizabeth Silver advised the City through the planning process and was the trial attorney, assisted by Rick Jarvis. California Pilot's Association v. City_ of Clearlake Lake County Superior Court No. 28059 MNRSW successfully defended the City against a writ of mandate challenge by the California Pilots Association to a Walmart project approval by the City. Steven Mattas was the trial attorney. Significam Land Use Litigation Page 2 County_ of Comra Costa v. City of Pleasant Hill Contra Costa Superior Court Case No: C90-05275 This was an action brought by Contra Costa County challenging an amendmem to Pleasant Hill's general plan. The case was settled without trial. Elizabeth Silver represented Comra Costa County. Del Est¢ Water Company v. City of Modesto Stanislaus Superior Court Case No. 296579 MNRSW defended the City of Modesto in a CEQA challenge to acquisition of a private water company. The case was dismissed following settlemem. Elizabeth Silver and Andrea Saltzman represented the City. Downtown Preservation Committee v. City of Modesto Stanislaus Superior Court Case No. 316600 MNRSW advised the City of Modesto on CEQA compliance for a two-block dowmown redevelopmem project, and then successfully defended the project against challenges that it inadequately addressed inputs to historical resources under CEQA. Rick Jarvis represented the City. City of Dublin v. County_ of Alameda San Mateo Superior Court Case No. 348925 MNRSW represented the City of Dublin in a challenge to Alameda County's general plan amendment for the East County Area. Following a 3-day court trial in 1990, the case was settled when the County agreed to rescind the general plan amendment, the very act sought by the City in its petition for writ of mandate. Elizabeth Silver was the trial attorney for Dublin. Significant Land Use Litigation Page 3 City_ of Dublin v. City of Pleasanton Contra Costa Superior Court C93-05746 MNRSW recently prevailed in a writ of mandate action on behalf of Dublin against Pleasanton and Real-Party-in-Interest Prudential Insurance Company. We successfully argued that Pleasanton's rezoning of 280 acres of Hacienda Business Park to allow commercial development was not consistent with Pleasanton's general plan. Elizabeth Silver was the trial attorney on this case, assisted by Kathleen Faubion and Rick Jarvis. Gardner v. City_ of Sebast0pol Sonoma County Superior Court No. 204966 MNRSW successfully defended the City of Sebastopol in a challenge to the City's denial of a developer's proposed affordable housing project. The case involved novel issues relating to California's anti NIMBY provision (Gov. Code § 65589.5) and housing discrimination statute (Gov. Code § 65008). After a nine day trial, the Court dismissed the developer's challenge. Steven Meyers and David Skinner represented the City. City of Healdsburg v. County of Sonoma Sonoma County Superior Court No. 204788 MNRSW successfully represented the City of Healdsburg in a CEQA action against the County of Sonoma and Department of Fish and Game relating to Russian River water impoundment. Steven Mattas was the trial attorney. Significant Land Use Litigation Page 4 Rullhausen v. Ci_ty of Morgan Hill Santa Clara Superior Court No. CV 740804 MNRSW represented the City of Morgan Hill in a general plan challenge following approval of a use permit. Judgment was entered against the Petitioner following the Court's order sustaining the City's demurrer. The judgment was upheld on appeal. Elizabeth Silver and Rick Jarvis represented the City. St. Patrick's Preservation Committee v. City of Menlo Park San Mateo Superior Court Cases No. 377986 and 377991 MNRSW successfully defended the City of Menlo Park and the developer in an action challenging the approval of an infill subdivision on the site of a seminary. The petitioners alleged that the City violated CEQA and that the action was not consistent with the general plan. The trial court held in favor of the City and decision was upheld on appeal. Steven Meyers and Rick Jarvis represented the City. Sierra Club v. City of San Leandro Alameda Superior Court Case No. H-162202-7 MNRSW advised the City on the preparation of all environmental and land use approval documents for a 750-unit residential project which includes the creation of over 300 acres of restored tidal wetland areas. MNRSW then successfully defended the land use approvals at the trial and appellate court levels against a series of CEQA challenges. Steven Meyers, Steven Mattas and Andrea Saltzman represented the City in the trial and appellate courts. Significant Land Use Litigation Page 5 Stanislaus Natural Heritage v. County of Stanislaus Stanislaus Superior Court Case No. 3014 !7 MNRSW successfully represented the Real-Party-in-Interest in a general plan and CEQA challenge to a 5,000-unit, 30,000 acre specific plan approved by the Stanislaus County Board of Supervisors. The main issues concerned the adequacy of water supply and impacts to the San Joaquin kit fox and cancellation of Williamson Act contracts. In a twenty-seven page detailed opinion, the trial court ruled in favor of the County on all of the challenges. Steven Meyers and Rick Jarvis prepared the briefs for both the County and the Real-Party-in-Interest. State Lands Commission v. City of Stockton San Joaquin Superior Court No. 2 !7462 LUA v. City_ of Stockton San Joaquin Superior Court No. 217460 MNRSW successfully defended the City of Stockton's adoption of a general plan amendment in these two actions. Steven Meyers represented the City. GENERAL FUND RESERVE - FUND # 115 /;BudReted amounts: Beginning fund balance 7/1/95 Transfer to General Fund #100 ransfer to General Fund #100 udgeted ending fund balance 6/30/96 $ 508,200 J S (lOO,OOO){ 100.1910.250.000 $ (9,999)1 $ 398,201 ~ Adjustments made durin.q the fiscal year: Date Approved 9/20/95 Transfer to: Employee recognition dinner 9/20/95 Transfer to: Library support AccOunt No. 100.1001.690.003 $ 100.1945.690.003 $ (2,450) (22,995) Revised ending fund balance 6/30/96 RESERVES.XLS 9/25/95 Page 2 Fund 115