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2005-09-21 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 21, 2005 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/PRESENTATIONS/INTRODUCTIONS a. Proclamation: October as Domestic Violence Awareness Month b. Status Report on Hurricane Katrina Response and Relief Effort- Fire Chief Latipow 4. APPROVAL OF MINUTES a. Regular Meeting Minutes of June 1,2005 b. Regular Meeting Minutes of August 17, 2005 c. Regular Meeting of September 7, 2005 d. Special Meeting of the City Council and Ukiah Valley Sanitation District and Electric Workshop of September 14, 2005 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. 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. Approval of Disbursements for the Month of August 2005 b. Inform the Council of the Purchase of Clarifier Media Retainer Screens From US Filter, a Sole Supplier, in the Amount of $7,822.65 c. Notification to Council on the Purchase of Clarifier Media Retainer Screens from US Filter, a Sole Supplier, in the Amount of $7.822.65 d. Authorization of Award of Bid to Emergency Services Consulting Inc. for Development of a Fire Department Master Plan e. Report to City Council Regarding Acquisition of Services from Spencer Brewer for Management of the 2006 Sundays in the Park Concert Series in the Amount of $7,500 f. Award of Bid to TOMARK Sports for the Purchase of Bleachers for the Ukiah Softball Complex in an Amount of $18,815.94 g. Authorization of Award of Bid for Trailer Mounted High Pressure Breathing Air System to Mallory Fire 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. PUBLIC HEARING (6:15 P.M.) a. Minor Subdivision Map-Subdivision Requirement Exception No. 05-19 (Continued) 9. UNFINISHED BUSINESS a. Continued Discussion and Direction Regarding Application of LAFCO Policyto Annexation of Property in Brush Street Triangle b. Interim Urgency Ordinance Imposing a Moratorium on Formula Businesses Within the Downtown Business District and on Perkins and Gobbi Streets (Continued from July 20, 2005 and August 3, 2005) 10. NEW BUSINESS a. Discussion of Possible Licensure of Tobacco Retailers in the City Limits b. Discussion Regarding the Concept of Form Based Zoning Ordinance c. Discussion and Consideration of Request for Proposals for Playground Equipment at Todd Grove Park, Oak Manor Park, Vinewood Park, and Orchard Park d. Discussion Regarding Potential Ban on Certain Dog Breeds From City Events and Facilities-- Rodin e. Discussion Regarding Revision of City Policy Resolution Pertaining to Reimbursement of Mileage Expense f. Discussion Regarding League of California Cities Resolutions Packet 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATOR~ Government Code ~54957.6 Employee Negotiations: Directors and Miscellaneous Units Negotiator: Candace Horsley 14. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 16 day of September~ 2005. Marie Ulvila, City Clerk The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. PROCLAMATION A Proclamation of the Ukiah City Council in Recognition of WHEREAS, October 2005 marks the 19th annual commemoration of National · Domestic Violence Awareness Month; and WHEREAS, home should be a place of warmth, unconditional love, tranquility and security; but, for many Americans, is tainted With violence and fear; and W HEREAS, every woman, child, and man in America has the right to live free from violence in their homes, neighborhoods, and communities; and WHEREAS, children who are subjected to domestic violence often grow up to inflict ~ violence on others, creating a circle of violence that must be st°pped; and WHEREAS, domestic violence is a public health issue that impacts people of all races, ages, income levels and gender; and WHEREAS, the US Department of Justice estimates that one million women are victimized by domestic violence each year, with less than half of all crimes actually reported; and WHEREAS, efforts to end domestic violence require collaboration and commitment from criminal and juvenile justice agencies, victim assistance organizations, physical and mental health care organizations, legal communities, schools, social services, and civic and community leaders, as well as the strength and courage of survivors; and WHEREAS, continued education and intervention efforts improve public awareness of the severity of domestic violence, help to prevent violence and reduce the related costs to society; and WHEREAS, in 2004 Project Sanctuary received more than 1,899 domestic violence calls, sheltered 129 battered women and children which included 2,668 nights of safe shelter, distributed food and clothing to 219 victims, helped 203 people obtain temporary restraining orders, and provided prevention education to preschoolers, kindergarten through the 12th grade students, as well as for college students and other adults in our communities. NOW, THEREFORE, BE IT RESOLVED, that in honor of those who have survived domestic violence, in remembrance of those who have not, and in gratitude to all who devote themselves to ending domestic violence, I, Mark Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Council members Phil Baldwin, Mad Rodin, John McCowen, and Doug Crane do hereby proclaim October 2005 as "Domestic Violence Awareness Month" Dated: September 21, 2005 Mark Ashiku, Mayor MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, June 1, 2005 The Ukiah City Council met at a Regular Meeting on June 1, 2005, the notice for which had been legally noticed, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Finance Director McCann, City Attorney Rapport, Community Services Supervisor Sangiacomo, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Everyone recited the Pledge of Allegiance. 3. INTRODUCTIONS/PROCLAMATION 3a. Introduction of Police Officers Promoted: Captain Trent Ta¥1or~ Sergeant Darren Woiciezak~ and Seraeant Sean Kaeser Police Chief Williams introduced each Police Officer and discussed their professional background and job expertise. 3. INTRODUCTIONS/PROCLAMATION 3b. Proclamation: "Hate Free Awareness Month in Ukiah~ California" Councilmember Rodin read the Proclamation designating June as "Hate Free Awareness Month in Ukiah, California". The intent of the Proclamation is to promote more compassion in the community and focus on freeing the community of crimes related to hate and prejudice. DeLynn Rogers accepted the Proclamation on behalf of Parents, Family, Friends of Lesbians and Gays. A documentary film entitled, "Not in Our Town Northern California: When Hate Happens Here," will be featured at the Ukiah Playhouse on June 14t' at 7:00 p.m. 4. APPROVAL OF MINUTES 4a. Reaular Meeting Minutes of March 2~ 2005 M/S McCowen/Baldwin approving the Regular Meeting minutes of the March 2, 2005 City Council meeting as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: Councilmember Rodin. ABSENT: None. 4b. Regular Meeting Minutes of April 67 2005 M/S Rodin/Baldwin approving the Regular Meeting minutes of the April 6, 2005 City Council meeting as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. Regular Ukiah City Council Meeting June 1,2005 Page 1 of 16 6. CONSENT CALENDAR M/S McCowen/Crane approving items "a" through "c" of the Consent Calendar as follows: a. Authorized Director of Public Utilities to Execute a Change Order to Westcoast Arborists, Inc. to Perform Additional High Voltage Line Clearing and Tree Trimming At Various Locations Within the City of Ukiah in An Amount Not to Exceed $10,000; b. Received Report to Council Regarding the Purchase of Services From Roberts Mechanical & Electrical, Inc. for Electrical Work at Field 3 of the Ukiah Softball Complex in the Amount of $10,290; c. Received Notification of Bid Ward to All Star Fire Equipment in the Amount of $8,005.15 to Purchase Six Turnout Coats and Nine Pairs of Turnout Pants From Account 100.2101.690.06. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. al PUBLIC HEARING Discussion and Action on Krauss/Toms Appeal of Planning Commission Conditional Approval of the Marin Ventures/Walqreens Store on East Perkins Street Planning Director Stump discussed the staff report and provided background information. Mr. Stump further discussed the re-design proposed by the applicants as displayed by the site plans in response to Council's request to modify the box-like appearance of the structure. Councilmember Crane inquired regarding the number of parking spaces required between the trees. He further inquired whether there was any flexibility regarding the setback requirements between the building and the west property line in terms of potentially salvaging the trees. Mr. Stump stated the UMC requires one tree for every four parking spaces, which have been incorporated into the Landscaping Plan. The applicants and staff have reviewed the likelihood for moving the building to the west to allow for more space, but the proposed landscaping planter and traffic/circulation/ingress & egress and other development issues would not make this feasible. Councilmember McCowen questioned the number of excess parking spaces. Mr. Stump responded the applicants have 13 excess parking spaces, 48 are required, 61 are proposed. Regular Ukiah City Council Meeting June 1,2005 Page 2 of 16 Councilmember McCowen inquired if some of the additional parking spaces were eliminated whether some of the trees could be saved. He further inquired whether the applicants proposed mitigation measures for the traffic matters. Mr. Stump stated that they could be saved if parking was reduced. The applicants have indicated they would like to contribute/pay into a fee to mitigate traffic impacts relevant to potential improvements to the intersection of Hospital Drive and East Perkins Street. Councilmember Baldwin addressed the Ukiah General Plan and parking requirements. Mr. Stump stated the UMC does allow decision makers to reduce the amount of parking below what is required provided a finding is made and that this finding must demonstrate something special or unique about the use of the property that warrants an Exception. City Manager Horsley commented Redwood trees are not typically recommended as street trees because they are not appropriate for planter strips. Mr. Stump stated Redwood trees in the Airport Industry Park (ALP) are feasible because the conditions for the trees are more appropriate since the planting stripes are much wider and conducive for maintaining the health/longevity of the trees. Mayor Ashiku inquired regarding the plans for the northwest section of the property and whether this area could be available for parking. Mr. Stump replied the northwest section of the property could be available for parking provided modifications are made to the site plan. A general discussion followed regarding the degree of viability of the trees should the necessary tree care be given such as trimming that would help preserve and allow the Redwood trees to survive as a way to mitigate the issue of potential liability. There was discussion concerning the aesthetic appearance of the trees when trimmed, as some trees may not look good after they are trimmed and these trees are located in one of the primary gateways to the City. Major Ashiku emphasized that the City Council is only allowed to consider such project merits as building aesthetics, parking and landscaping, and other materials/design issues related to the Site Development Permit. Land use issues are not relevant because the project site is zoned for use as a retail commercial establishment. PUBLIC HEARING OPENED: 7:22 p.m. Aleaa Waters spoke against having a Walgreens at the proposed site because it does not effectively correspond with the character of the Downtown. Also, the proposed retail establishment would be too large for the site. Gail Dammuller addressed the trees on Hospital Drive, and recommended they be preserved to coincide with the numerous pocket parks throughout the City. She suggested Regular Ukiah City Council Meeting June 1,2005 Page 3 of 16 Walgreens modify the project to meet the desires and needs of the community. She recommended the City Council oppose the project. Becka Thune stated at the April 20th meeting, it was inferred that Coastal Redwoods trees were not native to Ukiah. She consulted with Robert W allen from Mendocino College about this topic. She quoted information confirming that Redwood trees are native to the Ukiah Valley floor. Albert Krauss is not supportive of the project. He supports the concept of retaining the Redwood trees on the site and commented on this issue. He further commented on the project intent, site layout, traffic congestion issues, and design/architectural characteristics/features relative to overall appearance and size/mass, and questioned the potential effects this project could have on appropriately meeting the needs and desires of the community to effectively maintain/preserve and enhance the quality of life for the citizens of Ukiah. Michael Toms commented on the tree issue relevant to the proposed site, as an advocate of trees and parks with trees. He further commented that the structure continues to have a box-like appearance even with the design modifications. He expressed concern regarding a list of issues relevant to color scheme, signage, the building facade, roofline/elevations, providing ample area for benches, and other relevant architectural design features/materials. He commented on the issue of access. He further commented on the issue of signage, and stated the proposed 24-hour sign for the pharmacy is obtrusive and does not adequately meet the Council's request. He questioned the arborist's tree appraisal as being "highly selective." He favors preservation of the Redwood trees on Hospital Drive for future generations to enjoy. Although he supports the concept of allowing for a Walgreens, he recommended they choose an alternative site. Judy Pruden commented there is ample direction provided in the City's master plans/design guideline concepts for commercial establishments that specifically address the City's corridors/gateways, and emphasized the importance of such application particularly for projects being considered within the City's gateways. She addressed the Redwood trees on Hospital Drive that have been referred to as the "urban forest." She referred to the Landscape Streetscape document, and recommended its application to serve as a design guideline for the proposed project to "preserve and protect" the aesthetic quality in this community. She suggested design modifications, for the proposed tower structure, including the use of knee braces for the tower, that could be applied to help preserve the historical design features of the community. She recommended modification to the proportion and scale (mass) of the structure to provide for a more architecturally pleasing appearance. Lang Russell has two large Redwood trees in his front yard, and they have not been a problem. He stated Redwood and Oak trees are the two tree species communities try to preserve. He stated the proposed Walgreens at the proposed location could take away from the small businesses. He favors preservation of the trees and proposed limiting some of the parking spaces. Regular Ukiah City Council Meeting June 1,2005 Page 4 of 16 Mary Anne Miller stated the discussions have generated good reasons for saving the trees, and recommended allowing the community to voluntarily care for the trees. Walgreens is featuring a drive-up pharmacy so some parking spaces could be eliminated and the trees preserved. She commented that the building could be downsized to better complement the property. Lori Leaf supports preservation of the Redwood trees. She recommended providing for a "green belt" on the property. She also recommended the lighting be minimized for the project. She further recommended the wood in the existing buildings be recycled since they have some historical value considering the various businesses that have operated at the site. She commented that the location is dangerous and recommended a traffic signal be implemented at the intersection of East Perkins Street and Hospital Drive to address pedestrian safety. Nancy Rocca supports preservation of the trees. She recommended that the tree species selected for the project consider the needs of the trees, including the elements of long- term care and maintenance. She inquired regarding the possibility for application of photovoltaic energy on the building for energy conservation purposes. Darca Nickolson supports the concept of Walgreens locating outside of the Downtown area. She emphasized using photovoltaic and/or alternative energy, as well as materials that do not consume large amounts of energy. Mayor Ashiku reiterated that the applicant has expressed an interest in using photovoltaic energy. Lisa Mammina has a Redwood tree in her yard, and although some maintenance is required, she likes having the tree. She advocates planting Redwood trees in the community. Grant Leschin, Marin Ventures, project applicant thanked staff and the community for providing valuable project input. He commented on the City Council's request to modify the building elevations to better reflect the character of the area and to provide a design unique to Ukiah. To accentuate the property as a gateway to the City and to pay tribute to the historical context of the site, the project architects have worked diligently to come up with a workable site plan. At the request of the Council, considerable changes have been made to the building's facade and tower with accentuating knee braces and a cornice treatment below. The applicant would be amenable to modifying the knee braces as recommended by Judy Pruden. He further elaborated on the cornice treatments for the building and other building design features/amenities, materials, and color scheme for consistency with the surrounding neighborhood/community structures. He addressed the tree matter, and provided a copy of the Anthony Joslin Arborist report. The arborists that examined the trees indicated they have significant structural defects at this point that can cause damage to existing infrastructure and potential hazards to persons and private property. The trees will experience negative impacts relevant to health and longevity as a result of the renovation activity, and therefore, did not recommend the trees be preserved. He recommended planting new trees and to start over with a care and maintenance program to enhance their longevity. Regular Ukiah City Council Meeting June 1,2005 Page 5 of 16 Mr. Leschin stated the proposed area of the building is 50 percent less than the existing structures on the site so the mass/scale of the building has been considerably reduced to be consistent with the building design guidelines for commercial development outside the Downtown area. A reduced building footprint would allow for increased landscaping. He addressed the parking comments. The project has been extensively discussed at the Planning Commission and City Council levels, and the applicants have worked faithfully and comprehensively to bring forth a quality project to meet the City's design standard criteria. Councilmember Baldwin inquired regarding changes to the final concept for the lit sign in the tower. Mr. Leschin replied changes to the window treatments were made. Councilmember McCowen inquired whether it was necessary to have the backlit tower Walgreens logo and signs on all three sides of the building. He recommended the signage be refined a little more even though it is in compliance with City standards to reflect the historical aspects and architectural compatibility with other neighboring buildings since Perkins Street is one of the primary gateways to the City. Mr. Leschin stated the project complies with the signage standards relevant to size and number of signs. The amount of signage proposed is below the maximum required. Mr. Toms requested review of the arborist report prepared by Mr. Joslin. Councilmember McCowen supports the concept that wood from the existing structures be recycled. Mr. Leschin would be amenable to this recommendation. RECESSED: 8:36 p.m. RECONVENED: 8:52 p.m. PUBLIC HEARING CLOSED: 8:52 p.m. Councilmember Baldwin desires to deny appeal provided the proposed lit sign is eliminated because such a feature does not belong in Ukiah and if preservation of the entire grove of Redwood trees along Hospital Drive were to occur. Councilmember Rodin appreciates the efforts the applicants have made to address the aesthetic issues. However, the general box-like appearance still remains. The project is not unique to Ukiah and does not effectively serve as a gateway to the community even though the building area would be smaller than the size of the buildings that currently exist on the site. The project is too large for the site, especially with the tower. She is opposed to the logo sign in the tower, and stated it is too bright and is not a good fit, especially since the site is a gateway to our community. Regular Ukiah City Council Meeting June 1,2005 Page 6 of 16 Councilmember McCowen supports the concept that the applicant is entitled to have a feasible project since it is an allowable use. He addressed the concept of determining whether formula/chain stores are appropriate in certain areas, which is an issue that should be reviewed at another time and should not be a consideration for this project in mid application. He has observed the trees in detail, and commented they do have structural problems making them prone to splitting and dropping debris. Preserving the entire strip of trees would render the project unfeasible because this would eliminate available parking spaces and most of the driveway or drive area adjacent to this side of the building. As a result, interior traffic circulation would likely be affected. He agreed with the comments that Redwood tree species are not appropriate as street trees. He is not in favor of rejecting the project to preserve the trees. He did, however, recommend improvements be made to the signage/design elements of the building, ensure that an alternative energy component be included to the project plans, provide some specific documentation regarding a fee commitment to the Traffic Mitigation Improvement fund, coordinate the selection/planting of new trees with a reputable local organization, and recycle the wood from the existing structures. Councilmember Baldwin stated the proposed design is not his most critical feature. Walgreens is interested in promoting the store so elimination of the trees would provide the area and visibility necessary to advertise, along with additional space for onsite traffic circulation and increase in area for the driveway entrance. He supports preservation of the Redwood trees, and stated the appropriate findings can be made based upon language pertinent to tree enhancement in the Ukiah General Plan and in the Landscaping/Streetscaping Design Guidelines to require that the trees remain. He disagreed with Councilmember McCowen's comment that the project would be unfeasible provided the trees remain. He stated the City/Council should be sensitive to the needs/desires of the community with regard to the Walgreen's project. Councilmember Rodin commented the project essentially has three issues, and they include the building, backlit box for the sign in the tower, and the trees. Major Ashiku stated traffic is also an issue. He recommended moving forward with the design element aspect of the project. Councilmember McCowen stated it is important to determine whether the project complies sufficiently with community standards, as well as decide whether all or some of the trees should or should not be saved. Mayor Ashiku agrees with Councilmember McCowen's point of view. It may be inappropriate to save all or even some of the trees. The arborists, as experts, have expressed their opinions, and the information from the reports indicate the trees do have structural problems. The question is when would it be unfeasible to keep a tree for aesthetics reasons or other reasons because it has been so "cut up" by the time it has been made safe and/or healthy. Only an arborist can appropriately answer this and other relevant tree maintenance/safety/health questions. He suggested looking at alternative ways to effectively balance what development criteria could be created for the good of the community. Trees having multiple trunks should not be allowed. Regular Ukiah City Council Meeting June 1,2005 Page 7 of 16 A discussion followed regarding the opinions of arborists relevant to the necessary criteria for preservation of the trees. There was also discussion concerning the elements of growth and height. City Manager Horsley addressed the trees at Todd Grove Park, and explained that some of those trees represent old growth and may be as old as 100 years. There have been incidents where trees fell on vehicles and on playground equipment. Many trees had to be removed because they were so old and new trees were planted. City Attorney Rapport recommended the arborists' opinions be considered for decision- making purposes. Councilmember Rodin project comments are as follows: Preserve/maintain the area housing the trees as a "greenbelt," including other trees on Hospital Drive. The intent of the development should work around the trees and not vice versa. The trees help mitigate/complement the lesser quality of design that the building represents. She recommended the application of effective landscaping features and streetscape to preserve the local urban forest. The project is inconsistent with the Ukiah General Plan, as it does not effectively improve the area as a gateway to the community relative to overall building design and signage and corresponding sign lighting. These elements also detract from the appearance of the Downtown and do not enhance the character of the area or comply with the development goals/objectives envisioned in the General Plan. The site selection for Walgreens is not appropriate for the proposed design characteristics. Implementation of a free standing or monument sign with the corporate logo would be acceptable as opposed to the proposed signage. She would not be amenable to making a compromise/concession regarding the proposed building footprint or for the signage. Councilmember Crane project comments are as follows: The Redwood trees on Hospital Drive do not appear to be particularly healthy and are not likely candidates to live a long healthy life. The trees are privately owned so technically decision-making concerning whether the trees are considered good specimens or in good health pertain to the property owner. He does not favor the lighted area on top of the building and emphasized the importance for the project to conform to the City's design standards and desires of the community. Councilmember McCowen project comments are as follows: Better design to soften the overall impact on a primary gateway to the City is appropriate. Soften the design features on the west elevation including putting a shed roof above the columns down the side of the building that would be 2.5 to 3 feet wide and incorporate the same roofing materials as the porta roof. The curved steel arches can be maintained as designed. He is not supportive of the lit logo in the tower or the neon logo that advertises the Walgreens store, and recommended no signage for the west elevation of the Regular Ukiah City Council Meeting June 1,2005 Page 8 of 16 building. The tower logo can be lit, but not to the degree that it impacts the community. Other relevant issues pertaining to the trees, application of energy-conserving alternatives, and the recycling of the wood from the existing structures were addressed in the above discussions. Construct a fence on west property line to be consistent with the markings on the Mayor's site plan and/or a hedge to the west of the building. Agrees with Judy Pruden's suggestion regarding use of the knee braces, as discussed above. The mortar and pestal could go under the drive-thru pharmacy inscription. Place an awning on the west side of the building, which could go to the roof line, to soften the appearance. Requests applicants to work with staff to insure that intersection of Hospital Drive and East Perkins Street is signalized. Councilmember McCowen inquired if the backlit logo is an essential element. Mr. Leschin replied the logo represents their corporate trademark. The applicants would be amenable to toning down the lighting, as requested by Council. Councilmember Baldwin inquired whether allowing the tower would set precedence for the development of future towers on buildings. City Attorney Rapport stated future developers could argue that if the Walgreens has a tower they can too. Councilmember Rodin left the meeting at 10:07 p.m., and returned at 10:09 p.m. Councilmember Baldwin left the meeting at 10:15 p.m., and returned at 10:17 p.m. Councilmember Baldwin commented on the project as follows: Agrees that more modification of the project design is needed. The wall and monument sign in the tower are out of context for the area and community, even though the proposed signage meets the City signage standards. If all of the trees are retained except for the ones in the driveway on Hospital Drive, he will accept a mediocre design. Also, allowing such trees to remain would make the sign on the east elevation less noticeable. Mayor Ashiku commented on the project as follows: ;> The applicants have presented the initial and revised project in good faith. It would not be fair and/or reasonable to continue asking for the project to be revised. W algreens as a retail establishment is not the issue here. ;> Favors Councilmember McCowen's suggestion to placing a shed roof on the west side of the building and its implementation would not be a major structural component. Mayor Ashiku inquired whether the project complies with the Ukiah General goals/objectives/policies. Regular Ukiah City Council Meeting June 1,2005 Page 9 of 16 Plan Mr. Stump replied each of the City Councilmembers may have a different opinion about the project and whether it fully complies with the Ukiah General Plan standards. Mayor Ashiku asked the Council if they would support the concept of having no back lighting and just use neon lighting for the effect. Councilmember McCowen does not support the back lighting to be neon or illuminated. Mr. Leschin stated the alternatives would be to allow for background with Iow wattage or incorporate no background lighting. It was the consensus of the Councilmembers that the proposed signage is not acceptable. Councilmembers, Rodin, Crane, McCowen, and Baldwin specifically indicated they do not support incorporating neon or illuminated lighting for the background lighting. However, Councilmember Baldwin supports having a single color for the back lighting, and added that incorporating a three-color scheme is architecturally displeasing. Councilmember McCowen does not see the relevance for having pharmacy inscriptions on the north and south elevations. Major Ashiku did not think it makes a difference. Mr. Leschin addressed the project comments as follows: The building size has been reduced. A monument sign has been proposed for the project. The applicants would review implementing alternative energy sources. Incorporating mortar and pestal under the drive-thru pharmacy inscription is a good idea, and he will consult with the applicants in this regard. Incorporating an shed roof on the west side of the building is an excellent idea. However, delivery trucks or other large trucks may have a problem because of clearance issues. Incorporating a hedge and a fence to the west side of the property would not be a problem. A general discussion followed regarding the design elements, traffic, and signage such as whether to exclude the logo on the tower element. M/S McCowen/Crane Upholdin.q the Planninq Commission's action subject to the revised design of the building and landscaping, as proposed and submitted by the applicants and modified as follows: Applicant to install shed roof to be consistent with the porch roofs, no si__anaae on west elevation of the building, tower logo can be internally lit with subdued li_ahtin__a, coordinate the selection and plantin.q of trees on site with Mendocino Releaf or other qualified .qroup, consider installinq alternative ener,qy, recycle wood from existinq buildings on the site if feasible, install fence on the west property line consistent with the markin._qs on the Mayor's site plan. Regular Ukiah City Council Meeting June 1,2005 Page 10 of 16 Councilmember McCowen asked that the tower logo have an opaque sign with subdued lighting. Councilmember Rodin asked the applicants to plant trees such as Oaks or similar tree species that would reduce the parking and provide for a shaded park-like area. She further asked the applicants to plant mature trees to assist the atmosphere. City Manager Horsley requested that the trees not be small like those in the Wal-Mart parking lot. She recommended preserving the trees on the north side of the driveway. Mayor Ashiku stated it would be helpful if the applicants worked with Mendocino Releaf concerning the tree species. He recommended the applicants save one or two of the Redwood trees. Councilmember McCowen recommended at least one additional Redwood tree be preserved. Mr. Leschin stated it is likely that two trees could be preserved. Councilmember Baldwin questioned whether saving one or two trees meets the ambiance issue and/or sentiments of the audience. He briefly described the situation and appearance should the trees be removed. He stated the City Council is misreading the sentiments of the citizens of Ukiah by agreeing to the Site Development Permit application. Councilmember Rodin asked Councilmember McCowen to amend the above-referenced motion to preserve a 30-foot wide strip for the trees. Councilmember McCowen discussed the strip in question, and stated the project would likely be rendered as unfeasible if such a strip were made a project requirement. Mr. Leschin confirmed that such a strip would be a "deal killer." The applicant would, however be agreeable to saving a couple of healthy tree specimens. Councilmember Rodin asked that the proposed 30-foot wide strip be considered as a project condition or amend the motion. Councilmember Crane suggested that the motion be amended to require that the applicant preserve two or more Redwood trees in consultation with an arborist. Councilmember McCowen agreed to the change. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, and Mayor Ashiku. NOES: Councilmembers Rodin and Baldwin. ABSTAIN: None. ABSENT: None. Recessed: 10:35 p.m. Reconvened: 10:40 p.m. Mayor Ashiku suggested deferring agenda item 9a to the next regular meeting. Regular Ukiah City Council Meeting June 1,2005 Page 11 of 16 It was the consensus of the Council to discuss agenda item 10c. 10c. Discussion of Possible Proiects for NBC's "Three Wishes" Program City Manager Horsley explained the Mayor has been contacted by a representative of advising that Ukiah has been selected as a small rural city for NBC's new prime-time television show entitled, "Three Wishes." Two wishes would be for individuals and/or families, and one wish would be community oriented. Laura Bigham stated that nine teenagers have died due drug/alcohol related incidents in the last 20 months in this community. The Workforce Investment Philanthropy Board offered a grant to young entrepreneurs desiring to manage a teen nightclub business. The teens received the grant and have been working with West Company to develop a business plan and they are now looking for a facility. Danielle Betty is the treasurer/secretary for the proposed teen nightclub project, and elaborated on the grant requirements concerning the establishment of a teen nightclub where drugs and alcohol would not be allowed. City Manager Horsley recommended writing a presentation that she could forward to Amy Grant of NBC. Councilmember McCowen commented that it would be beneficial to feature a story having a positive aspect that targets young adults that have problems. It may be compelling to describe the number of deaths due to people experimenting with drugs, further demonstrating the need to provide an environment having a positive and safe atmosphere for teens to go to. Mayor Ashiku recommended creating a list for selection of three grant wishes concerning the individual, a family and/or the community categories that would be potential nominees for the granting of wishes. Councilmember McCowen stated the key element is that the wishes must be compelling and the proposed project teen nightclub would be an appropriate community category wish. Dotty Coplen stated the new Cultural and Recreation Center may be a project to consider for the community wish category. 9. UNFINISHED BUSINESS 9a. Adoption of Resolution Regarding Planning Permit Fees Planning Director Stump explained that at the April 20th regular meeting, the City Council reviewed and discussed the Planning Permit Processing Cost Recovery Study prepared by staff, and staff was given direction to prepare a draft resolution. The proposed revised planning permit fee schedule includes a 100 percent cost recovery approach for Major Use, Site Development or Variance Permits, a continued "flat fee" for minor permits, a 15 percent General Plan Update/Maintenance Fee, and a fee for appeals. He addressed the City of Petaluma appeal fee process. Regular Ukiah City Council Meeting June 1,2005 Page 12 of 16 Dotty Coplen commented it is important for the community to have a voice in developments where public members can appeal a project. Becky Thune commented that citizens should be able to appeal a project, and stated a $25 fee to appeal is more than reasonable. Judy Pruden inquired as to what constitutes the general public, and whether there would be exceptions for such persons as Councilmembers or Planning Commissioners. Councilmember Baldwin agreed that a small fee in the sum of $25 or $50 would be an appropriate fee for appeals. Mayor Ashiku stated the fee should be the same for any individual, and there should not be a distinction made between an appellant and applicant. The fee should be the same for both individuals. Councilmember McCowen stated a nominal appeal fee for the public would be appropriate. Mr. Stump reiterated that a person has to attend a meeting in order to appeal a decision. Councilmember Baldwin inquired whether this appeal requirement applies to City Councilmembers. City Attorney Rapport stated that there is a separate section in the City Code that allows Councilmembers to file appeals and it does require them to participate. City Manager Horsley reiterated that this City Code section was revised to ensure that there is a time period in which to appeal. Mr. Stump proposed that one solution may be that for additions to single family residences the surcharge be less than 15 percent because such a project would not have as large an impact on the community as a commercial retail establishment. Councilmember McCowen commented that General Plan issues would be impacted by projects that provide space for additional population, whereas a kitchen remodel or other project that does not provide additional space would not. Providing for additional bedrooms or second units would likely require a General Plan update/maintenance fee because they have General Plan implications concerning population, circulation, and/or other related development issues. Mr. Stump clarified that the proposed 15 percent surcharge for General Plan maintenance/updates in the case of residential projects would apply to situations where space is being added to an existing unit. Mr. Stump addressed the issue of implementing a sense of fairness, and stated if the fee were $50 no matter who appeals, this would essentially cover the cost of the public notice Regular Ukiah City Council Meeting June 1,2005 Page 13 of 16 process. All other costs would be funded from the "General Fund." The actual cost to the City Planning Department to file an appeal varies. Councilmember McCowen commented on the cost for zoning/planning research, and stated the proposal concerns hourly rates at two levels. Level 1 is $50 and level 2 is $100. He inquired as to the circumstances that would trigger research and whether this would be at the request of an applicant or if an application comes in and staff is not familiar enough with some aspect of it that they have to conduct research. Mr. Stump stated research is conducted at the applicant's request, which is typically some aspect of a project that is unusual, or if research is necessary as part of the application. Councilmember McCowen stated planning department project costs associated with certain affordable housing should have a different fee schedule scenario. The fee should be the same for most types of these planning project costs, except for those directed toward an identified group in need, such as seniors, the homeless, or the mentally ill. Mr. Stump stated lower fees for affordable housing projects serve as an incentive, and when the State certifies the Housing Element for a particular jurisdiction, it strongly favors this approach. Mr. Stump stated the cost to update the Plan is likely $300,000 over time, where staff projects that $126,000 of the cost would be generated from the fees charged. The remaining balance would be paid by the public from the "General Fund." Council agreed that a $100 deposit and 100 percent full cost recovery should be charged for an applicant filing an appeal, that $100 should be the cost to the appellant to file an appeal with no cost to the applicant, that any research would be100 percent full cost recovery, that a 15 percent surcharge of the total cost of a Building Permit should be implemented, that affordable housing projects would pay 80 percent of full cost recovery for General Plan update/maintenance, and that Iow-income housing projects involving groups in need would pay 60 percent of full cost recovery for General Plan update/maintenance. The Council supported staff's recommendations of the proposed Resolution, and as agreed above. M/S McCower~Crane adopting Resolution 2005- establishing updated Planning Permit Fees pursuant to City Adoption Ordinance 880; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. lOa. NEW BUSINESS Consideration and Possible Action Concerninq Feasibility Study A.qreement Between Mendocino County Inland Water & Power Commission and Army Corp of En,qineers Regular Ukiah City Council Meeting June 1,2005 Page 14 of 16 City Attorney Rapport stated the staff report adequately addresses this matter relevant to the current status for an agreement proposed by the Army Corp of Engineers for sharing the cost of studying the feasibility of raising the height of the dam at Lake Mendocino. He did not have the necessary information as to which agency would be responsible to clean up any contamination, and which agency is responsible for formulating and incurring the cost of a response. Some of the contract conditions pertain to how the agreement would be legally enforced should a dispute arise. Other relevant contract issues such as potential risk and the cost of a response plan must be clearly defined and addressed prior to contract execution. City Attorney Rapport would not advise executing the contract, as written. It was the consensus of the Council to direct the City Attorney to conduct further research in this regard. 10b. Discussion of Utilizinq the Fifth Wednesday of the Month for Proclamations and Informational Items - Councilmember McCowen Councilmember McCowen suggested utilizing the fifth Wednesday of the month to consider proclamations, informational items and general discussion items rather than including them at the regular bi-weekly City Council meetings. Another suggestion would be to have the regular meeting begin at 6:00 p.m., rather than 6:30 p.m. The City Council discussed these options, but postponed a decision. 11. COUNCIL REPORTS Councilmember Crane recently attended a Northern California Power Authority meeting in Lodi. Some of the topics of discussion included equipment failures, funding, personnel problems and legislative activities by lobbyists. Councilmember Rodin reported that she attended an Economic Development Finance Corporation (EDFC) meeting and they have money available to loan. Mayor Ashiku reported attending a meeting with the City Council/Supervisors committee including City Manager Horsley and the County Executive Officer, John Ball. 11. CITY MANGER/CITY CLERK REPORTS City Manager Horsley stated she will serve at a pancake breakfast this weekend to support the ballot measure and encouraged Council participation. 12. CLOSED SESSION None. 13. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 12:13 p.m. Marie Ulvila, City Clerk Regular Ukiah City Council Meeting June 1,2005 Page 15 of 16 Cathy Elawadly, Transcriptionist Regular Ukiah City Council Meeting June 1,2005 Page 16 of 16 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 17, 2005 ROLL CALL: Convened at 5:17 p.m. Present: Councilmembers Crane, McCowen, Baldwin, and M. Councilmember Rodin. ~or Ashiku. Absent: INTERVIEWS OF APPLICANTS FOR THE PARKS. COMMISSION The City Council interviewed Don Rones, Julie D appointment to the Parks, Recreation, and Golf Michael Kisslinger is on vacation and unable th It meeting. AND GOLF applicants for that applicant Recessed: 5:30 p.m. 1. ROLL CALL: Reconvened: 6 Present: Councilmembers Crane, Councilmember Rodin. ,n, Baldwin Ashiku. Absent: 2. PLEDGE OF ALLEGIANCE- e, 4. APPROVAL OF 4a. Joint Meetin M/S Ukiah roll call None ENT: & 2005 M Joint Meeting of the City Council and as presented; and carried by the following ~ers , McCowen, Baldwin, Mayor Ashiku NOES: ~din. ABSTAIN: None. . 4b. Re¢ to change the s OF MIN 2005 a correction to page 3, under"Public Hearing Opened", ublic member to "Verge Belanger". M/S Baldwin n approving the City Council Minutes of June 20, 2005 as corrected; and carried by the :ollowing roll call vote: AYES: Councilmember Crane, McCowen, Baldwin, Mayor Ashiku NOES: None ABSENT: Councilmember Rodin. ABSTAIN: None. 4. APPROVAL OF MINUTES 4c. Regular Meeting Minutes of May 18~ 2005 M/S McCowen/Crane approving the City Council Minutes of May 18, 2005 as presented; and carried by the following roll call vote: AYES: Councilmember Crane, McCowen, and Vice Mayor Baldwin. NOES' None ABSENT: Councilmember Rodin. ABSTAIN: Mayor Ashiku. Page ] of 7 3. PRESENTATION a. Presentation of Audio and Video Recording Software Community Services Director Sangiacomo provided a presentation of new audio and video recording software that will be used to record Council and Commission meetings. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S McCowen/Baldwin approving the Consent Calendar items a. Approved Disbursements for Month of July 2005; b. Received Notification of Bid to AIIstar Fire Equipment the Purchase of 24 Lengths of Fire Hose; c. Received Notification to Council Regarding the Boring and Installation of Conduit at the City ~ d. Received Notification of Emergency Purchas, from Groundwater Pump and Well to Rep the $30,904.81; e. Approved Amendment No. 1 to Professional Consulting for Mixing Zone Policy Development f. Awarded Contractto California ~ent Maintenan Aprons at the Ukiah Regional Air Amount g. Awarded Contract to Granite Const~ Paverr Signal Loop Replacement, S Approved Budget ment in the h. Awarded Contract imited for 06 in the ;5; i. Received to of $5,148.00 Plus j. Awarded Com ',544; k. Ordim ~or Parcel N~ h "k" as follows: Amount of $5,727.15 for PF Construction for pa Course; GPM Gou mp and Motor Pump at W with lerritt Smith ss Representation Services; mpany, Inc. for Slurry Seal of ehabilitation and Traffic e Amount of $198,568 and ~et Stri~ '.005, Specification Number 05- Two uipment and Services in the Amount ~lorine Gas Detectors; of Bleachers for the Ukiah Softball e the Zoning District for the Lands Designated as 35. Motion ca Baldwin, None. by the 'ing roll call vote: AYES: Councilmember Crane, McCowen, None ABSENT: Councilmember Rodin. ABSTAIN: 7. AUDIENCE ON NON-AGENDA ITEMS Kirsten Michael discussed the Ecopalooza event scheduled at Alex R. Thomas Plaza on September 24, 2005 from 10:00 a.m. to 8:00 p.m. Councilmember Baldwin requested the City Council consider a proclamation at their next meeting in support of this event. City Manager Horsley inquired if the City Council would like to change the time for starting Public Hearings since the starting time of the Council meetings has changed from 6:30 p.m. to 6:00 p.m. After a brief discussion, it was the consensus of Council present to direct staff to prepare the necessary documents for Council's review with regard to changing the starting time for public hearings from 6:45 p.m. to 6:15 p.m. 9. UNFINISHED BUSINESS a. Award of Sole Source Bid to Mallory Fire Equipment In The Amount of $151~207.36 for the Purchase of Replacement Firefi_~hter Breathin_~ ADparatus Fire Chief Latipow reviewed his staff report to Council in which he requested funding for replacement of firefighter breathing apparatus. He noted that staff is proposing to replace the Department's aging inventory of Scott Breathing Apparatus with breathing apparatus that is fully compliant with the most recent National Fire Protection Association (NFPA) Standards. In addition to being compliant with NFPA, the new breathing apparatus conforms to the recommendations developed by a mu Force made up of numerous fire departments from throughout the County. Considerable discussion followed regarding the Fire request to purchase replacement firefighter breathing apparatus. Topics of :luded: · The availability of funding from Homeland Se~ firefig grants · The importance of the Ukiah Fire Depa~ equipment b6 ,mpatible with surrounding fire agencies ..... Public comment period opened: 7:20 p.m. No comments received Public comment period closed: 7 ~.m. Fire Chief Latipow stated that he Quantitative Fit Tester from the purcha~ the of one Port Count research. M/S bid t~ $151,207.36 for ac~ 1.800.16 breathing the from the purchase LIIory Fi Equipment in the amount of r the putchase of replacement firefighter one Port Count Quantitative Fit Tester A brief dis ~portance of the City working with other fire communication. Mi ied by the Baldwin, layor Ashii None. I vote: AYES: Counciimember Crane, McCowen, None ABSENT: Councilmember Rodin. ABSTAIN: 8. PUBLIC a. Ado of Re ~tions or No. 05-17 and Ma'or Site Develo t Permit 05-13 Associate Planner Lohse explained that approval of Major Subdivision Map No. 05-17, as submitted by the Housing Company, will allow the division of the 1.04 acre site located near the corner of Low Gap Road and Bush Street, into 12 parcels. He discussed his Staff Report with regard to the august 3, 2005 City Council action approving a Resolution to allow the amendment of the General Plan land use designation from HDR (High Density Residential) to LDR (Low Density Residential) in order to accurately reflect the single-family design concept. He reviewed Staff's analysis and the Planning Commission's action concerning the project, and briefly reviewed the recommended findings for this Major Site Development Permit. Page 3 of 7 Public Hearing Opened: 7:30 p.m. Bruce Schimizu, owner of the Housing Company, upon questioning by the City Council, discussed issues of the project related to maintenance agreements among the home owners with regard to roads, signs, landscaping, etc.; parking accommodations; that the CC & R's would restrict the residents from storing RV's or boats on the street; how the CC & R's would affect possible future renters of the homes; and the focused housing market. City Attorney Rapport advised that the City doesn't have the jurisdiction to enforce CC & R's. Councilmember McCowen suggested that the maintenan the City's Planning Director for approval. reement be submitted to Planning Director Stump explained that Staff Attorney to review the maintenance agreement Works Department may encounter with revising Condition 7 to reflect the maintenance agreements, and provided Council the cant and the City any prob that the Public to covenan odes, and languag . City Attorney Rapport recom ~d an additi, maintenance be included on the Ten' for the condition regarding street Public Hearing Closed: 7:50 p.m. M/S McCowen Permit No. 05-13 a~ vote: AYES: ABSENT: the Neg , McC STAIN: ~n for Major Site Development 05-17; carried by the following roll call , Baldwin, and Ashiku NOES: None M/S No. and to in, A Baldwir Ashiku N esoluti~ ;~006-9, approving Tentative Subdivision Map language by Director Stump into the Conditions of .11 vote: AYES: Councilmembers Crane, McCowen, ABSENT: Councilmember Rodin. ABSTAIN: None. M/S Baldwin Permit No. 05- Crane, McCowen, ABSTAIN: None. n Resolution 2006-10, approving Major Site Development ied by the following roll call vote: AYES: Councilmembers Mayor Ashiku NOES: None ABSENT: Councilmember Rodin. Recessed: 7:57 p.m. Reconvened: 8:06 p.m. 9. UNFINISHED BUSINESS b. A Resolution of the City Council of the City of Ukiah Approving the Bond Sale and Financing Plan Anticipated in Prior Council Action Authorizing Certain Capital Improvements to the City of Ukiah Water Treatment Plant and Authorizing the City Manager to Execute Required Documents Finance Director McCann discussed his Staff Report with Council concerning whether the City would like to take advantage of lower issuance costs for the proposed water treatment plant bond if the sale takes place through the Association of Bay Area Governments (ABAG) Competitive Bond Pool. He discussed key advantages of using the ABAG pooled financing program. Douglas Dove, consultant with Bartle & Wells Associates, provided a Power Point presentation concerning "Financing for Water Tanks and Treatment Plant Reservoir Retrofit" and discussed the benefits of pooling with other agencies. M/S Crane/Baldwin adopting Resolution 2006-11, authorizing relating to financing of Water System Improvements, and execute agreement approving the Bond Sale and Financing for the City of Ukiah Water Plant; and carried by the Councilmember Crane, McCowen, Baldwin, Mayor Councilmember Rodin. ABSTAIN: None. and actions the City Manager to pital Improvements roll call vote: AYES: '.S: None ABSENT: 10. NEW BUSINESS a. Discussion of Possible Im Community Services Director Sangiacomo di the activities in the Plaza have increased. He di hardscape, shade, tables and iosk, and founl his Staff Report. ,mas Plaza Report noted that d possible landscape planter, ~provements, as described in Council discussed the recommended alternatives for providing the im Staff to contact various ~ity suppo~ providing the materi~ ;ome of th, ~ps rove[ ~tand suggested various of Council to direct iah High School with regard to ;nts. 10. NEW BU b. Adoption of Resolu ;nts to the Parks~ Recreation~ and Golf M/S 'on; and can M, ABSTAIN ~e. Julie Dunn to the Parks, Recreation, and Golf roll call vote: AYES: Councilmembers Crane, NOES: None ABSENT: Councilmember Rodin. M/S Baldwin/I Commission; and McCowen, Baldwin ABSTAIN: None. g Michael Kisslinqer to the Parks, Recreation, and Golf the following roll call vote: AYES: Councilmembers Crane, Mayor Ashiku NOES: None ABSENT: Councilmember Rodin. M/S Crane/Baldwin nominating Don Rones, Sr. to the Parks, Recreation, and Golf Commission; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, Mayor Ashiku NOES: None ABSENT: Councilmember Rodin. ABSTAIN: None. M/S Ashiku/Baldwin nominating John Graft to the Parks, Recreation, and Golf Commission; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, Mayor Ashiku NOES: None ABSENT: Councilmember Rodin. Page 5 of 7 ABSTAIN: None. M/S McCowen/Crane adopting Resolution 2006-12, making appointments of Julie Dunn, Michael Kisslinqer, Don Rones, and John Graft to the Parks, Recreation, and Golf Commission; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, Mayor Ashiku NOES: None ABSENT: Councilmember Rodin. ABSTAIN: None. 11. COUNCIL REPORTS Councilmember Crane reported that the Solid Waste Managem. last Wednesday and the recycling numbers are not looking met in Willits Councilmember Baldwin recommended an item be with regard to Council's regarding the dam feasibi watersheds in case the raising of the dam is Council's next agenda gy study on other 12. CITY MANAGER CLERK City Manager Horsley distributed copies including the draft environmental impact report concerning the comment period. Iley Area PI. Council Planning irector Stump She reported on the recent police offic, recruits were interviewed. ment that 2 and 10 lateral level A photo session for a gr, ouncil pictui September 7th. She thanked Coun, hours and noted and Public Works Dep the has beer clerical position that was increased to 40 a great job in assisting the City Clerk Ad ledeveh Agency: 9:16 p.m. R, : 9:25 Adj Iosed 9:25 p.m. 13. CLOSED SI a. CONFERE! Initiation of lil 54956.9 (one case) LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to subdivision (c) of Government Code Section Reconvened: 10:28 p.m. M/S McCowen/Baldwin authorizing the City Attorney to bring legal action to enforce marijuana ordinance upon referral from the Planning Department; carried by unanimous voice vote of the Council present. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 10:28 p.m. Marie Ulvila, City Clerk Page 7 of 7 TO: FROM: SUBJECT: DATE: MEMO MAYOR ASHIKU AND CITY COUNCIL CITY CLERK MARIE ULVILA ~ CITY COUNCIL MEETING MINUTES: SEPTEMBER 7, 2005 SEPTEMBER 16, 2005 4c Every attempt will be made to provide Council with the draft minutes of the September 7, 2005 regular Council meeting by Tuesday, September 20, 2005. If you should have any questions, please do not hesitate to contact me at 463- 6217. Memo: Council- Late Minutes TO: FROM: SUBJECT: DATE: MEMO MAYOR ASHIKU AND CITY COUNCIL CITY CLERK MARIE ULVILA ~ CITY COUNCIL MEETING MINUTES: SEPTEMBER 14, 2005 SEPTEMBER 16, 2005 4d Every attempt will be made to provide Council with the draft minutes of the September 14, 2005 Special Meeting of the City Council and Ukiah Valley Sanitation District and Electric Workshop meeting by Tuesday, September 20, 2005. If you should have any questions, please do not hesitate to contact me at 463- 6217. Memo: Council- Late Minutes ITEM NO.:~:~ Date: September 21, 2005 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF AUGUST 2005 Payments made during the month of August 2005, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 63980-64109, 64111-64198, 64318-64557 Accounts Payable Manual check numbers: 60150-60151 Payroll check numbers: 63859-63979, 64199-64317 Payroll Manual check numbers: 64110 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of August 2005. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Mike McCann, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Candace horsley, City Manage'~ KRS:WORD/AGENDAAUG05 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF AUGUST 2005 Demand Payments approved: Check No. 63980-64109, 64111-64198, 64318-64440, 64441-64557, 60150-60151 FUNDS: 100 General Fund $269,793.06 131 Equipment Reserve Fund $3,200.02 140 Park Development $2,478.66 141 Museum Grants $990.00 143 N.E.H.I. Museum Grant 150 Civic Center Fund 200 Asset Seizure Fund $2,247.67 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 204 Federal Asset Seizure Grants 205 Sup Law Enforce. Srv. Fund (SLESF) 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $577.50 230 Parking Dist. #1 Revenue Fund $21.00 250 Special Revenue Fund 260 Downtown Business Improvement 290 Bridge Fund 301 2107 Gas Tax Fund 310 Special Aviation Fund 315 Airport Capital Improvement $11,894.45 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant 333 Comm. Development Block Grant 334 EDBG 94-333 Revolving Loan 335 Community Dev. Comm. Fund 340 SB325 Reimbursement Fund 341 S.T.P. 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund $7,392.88 550 Lake Mendocino Bond 575 Garage $1,730.64 600 Airport 611 Sewer Construction Fund 612 City/District Sewer 615 City/District Sewer Replace 620 Special Sewer Fund (Cap Imp) 640 San Dist Revolving Fund 650 Spec San Dist Fund (Cap Imp) 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 661 Landfill Corrective Fund 664 Disposal Closure Reserve 670 U.S.W. Bill & Collect 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. 975 Russian River Watershed Assoc 976 Mixing Zone Policy JPA PAYROLL CHECK NUMBERS 63859-63979 DIRECT DEPOSIT NUMBERS 24950-25107 PAYROLL PERIOD 7/17/05-7/30/05 PAYROLL CHECK NUMBERS: 64110, 64199-64317 DIRECT DEPOSIT NUMBERS 25108-25251 PAYROLL PERIOD 7/31/05-8/13/05 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS: None $6,844.44 $44,438.78 $36,268.27 $18,242.85 $23,657.76 $642.70 $3,382.29 $16,723.69 $2,245.34 $10,667.35 $3,781.64 $801,537.02 $12,240.29 $18,845.74 $60,705.38 $450,113.41 $32,212.16 $488.28 $2,192.00 $327,929.92 $3,506.84 $35,617.07 $1,423.O0 $37,465.74 $2,253,164.50 $52,430.03 $149,325.79 $330,471.58 $2,785,391.90 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance ¢J · > o O~ 0 H ~ ~ H > C) CD 00 00 0,10q 0 0 ,-.I H o~;~~°~o~ ~ 0000000000 0000000000 ~ 0 ~~0~~ 0000000000 0000000000 O O O O O O O OOO OO O o 0 o~ O O ,-~ CO · . O o~ ~0 HHO 88ooj~o~Ooo o o OOOOOOOOOO · · . · · . .... ~o~§oo~o~ o ~ .......... ~~OOO~ OOOO~OOO ....... . . . ~oo o o O O O O O O . . O O · . O O · . OoO O O O · . 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O OOO OO OOOOOOOOO o~oo~oo~ ~o~oo~~ ~ OOOOOOOOO o o 0 ~ O0 ~ · , · O OOO OO OOOOOOOOO 000000000 OO OOOOOOOO OOOOOOO~ 0~0~0~ ~oo~oo oo oo~ oo~ H 0~ HHH ~000000000 O~ H 00 Oh i 0000 ~°° 0000 00 00 00 00 00 0 L~ 00 0 00 · 0 , {:2> · o 0 O0 ~H o~ © H~~ ~HHHH 00000 o o AGENDA SUMMARY REPORT ITEM NO. z:~ DATE: September 21,2005 SUBJECT: INFORM THE COUNCIL OF THE PURCHASE OF CLARIFIER MEDIA RETAINER SCREENS FROM US FILTER, A SOLE SUPPLIER, IN THE AMOUNT OF $7,822.65. Pursuant to the Municipal Code of the City of Ukiah this is to inform the City Council of the purchase of clarifier media retainer screens and gasket material from US Filter in the amount of $7,822.65. US Filter is a sole supplier as these screens are built to their engineered specifications for flows, buoyancy, and head losses. The structural integrity of the grid work on the current screens is deteriorating due to age and the screens need to be replaced. This amount is sufficient quantity to repair the remaining filter as the first filter was completed last year. This will be purchased from funds budgeted under 820.3908.302.000 RECOMMENDED ACTION: Receive notice of the purchase of clarifier media retainer screens from US Filter in the amount of $7,822.65. ALTERNATIVE COUNCIL POLICY OPTION: None Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Director of Public Works Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager None Candace Horsley, City Ma'~ager AGENDA SUMMARY REPORT ITEM NO. 6c. DATE: September 21,2005 SUBJECT: NOTIFICATION TO COUNCIL ON THE PURCHASE OF CLARIFIER MEDIA RETAINER SCREENS FROM US FILTER, A SOLE SUPPLIER, IN THE AMOUNT OF $7,822.65. Pursuant to the Municipal Code of the City of Ukiah this is to inform the City Council of the purchase of clarifier media retainer screens and gasket material from US Filter in the amount of $7,822.65. US Filter is a sole supplier of these screens and they are built to their engineered specifications for flows, buoyancy, and head losses. The structural integrity of the grid work on the existing screens is deteriorating due to age and the screens need to be replaced. The screens will be purchased from 2005/06 budgeted funds under Account 820.3908.302.000 RECOMMENDED ACTION: Receive notice of the purchase of clarifier media retainer screens from US Filter in the amount of $7,822.65. ALTERNATIVE COUNCIL POLICY OPTION: None Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Public Utilites Director Alan Jamison, Water Treatment Plant Supervisor Candace Horsley, City Manager None APPROVED: Candace Horsley, City Manag~ ITEM NO. ~:~ DATE: September 21,2005 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION OF AWARD OF BID TO EMERGENCY SERVICES CONSULTING INC. FOR DEVELOPMENT OF A FIRE DEPARTMENT MASTER PLAN. SUMMARY: Submitted for the City Council's .consideration and action is Staff's recommendation that a contract be awarded to Emergency Services Consulting Inc., the lowest bidder, for the development of a Fire Department Master Plan. (Attachment 1) BACKGROUND: In response to the City's Request for Bids, six (6) bids were received and opened by the City Clerk after the bid deadline of Thursday September 8, 2005 at 2:00 p.m. Emergency Services Consulting Inc. was the lowest bidder with an amount of $17,995.00 (Attachment 3) During the budget hearing process the City Council approved funds for this project within the Fire Department's Contractual Services account 100.2101.250. The proposed cost of the master plan development does not exceed the funds available. RECOMMENDED ACTION: Award Emergency Services Consulting Group the contract to develop a master plan for the fire department and authorize the city manager to execute the required contract ALTERNATIVE COUNCIL POLICY OPTION: 1. Reject Staff's recommendation and offer direction. Prepared by: Kurt Latipow, Fire Chief Coordinated with: Candace Horsley, City Manager Attachments: 1. Request for Proposal- Fire Master Plan 2. Bid Tabulation Sheet summarizing the bid results. 3. Emergency Services Consultin9 Inc. proposal APPROVED: Candace Horsley, City Attachment # CITY OF UKIAH REQUEST FOR PROPOSAL City of Ukiah Fire Department Fire Master Plan Proposal Due by: 2 P.M., September 8th, 2005 I. INTRODUCTIONS A. General Information: The City of Ukiah Fire Department is requesting proposals from qualified consultants to prepare a Fire Master Plan that addresses the Department's current needs and recommends goals and objectives that if implemented would result in the Department's ability to meet projected needs over the next 15-20 years. B. Background: The City of Ukiah is located in the heart of Mendocino County and the Redwood Empire, Ukiah's small town atmosphere belies our dynamic and progressive character. As a small city, we value our strong sense of community, diverse population, and high quality of life. Ukiah is undeniably a great place to raise a family. As the County seat and center of commerce, the City has a night time population of approximately 15,400 which increases to in excess of 30,000 during the day. Our five square mile city is served by a single fire station located within the City Civic Center. The Department has mutual and automatic aid with neighboring jurisdictions all of which are Fire Protection Districts. The City Fire Department provides traditional emergency response services and, in addition, operates an Advanced Life Support Ambulance program staffed with Firefighter paramedics. The City Fire Department is staffed by 18 paid personnel and 25 volunteers. The Department responds to approximately 2,300 requests for service annually. The Civic Center, which includes the Fire Station was originally constructed as a school in 1925. In 1987 construction was completed on what is now home to the City Administration, the Police Department, and Fire Department. The station currently houses two Type I Engines, one OES Type II Engine, one 75 foot Type I Truck Company, one Type IV Brush Engine, three ALS Ambulances and one incident Support Unit. In addition, the Department maintains two trailers, one equipped for Hazardous Materials Incident Response and the other for USAR/Swift Water Rescue Emergencies. The City of Ukiah, California, wishes to obtain the services of a qualified technical expert to assist the City in the development of a Fire Department Master Plan, which will identify goals and objectives related to the provisions of adequate protection of our community from the risks of fire, EMS, Hazardous Materials Emergencies, and disasters, for the next 15-20 years. Admin/Proposals/StrategicPlan#3 Page 2 of 5 C. Term of Engagement: The consultant shall provide a draft report 90 days after the consultant receives notification from the City to proceed and shall also provide a final report no later than February 28, 2006. II. SCOPE OF WORK The consultant shall evaluate the current and future Fire, EMS, Haz Mat and disaster preparedness needs within the City. This would entail, but may not be limited to: Ae Review of existing conditions and documents o 2. 3. 4. 5. 6. 7. Existing land use and community development General Plan and population trends Current coverage and response times Current staffing levels Equipment levels Facilities Current financial resources available Be Determine appropriate standards for the community for fire operations 1. Coverage area 2. Response times 3. Staffing needs 4. Equipment needs 5. Facility needs, additional stations, recommended construction dates and locations Ce Evaluate Critical deficiencies and identify appropriate standards of comparison De Consider, evaluate, and recommend financing mechanisms 1. What are the available financing tools (ad valorum tax increases, impact fees, assessment districts, grants, utility taxes, special sales taxes, etc.)? 2. Evaluate which funding sources are viable for use by the City of to Develop a financial analysis of costs related to improving the following 1. Response time . 3. 4. 5. Staffing levels Equipment needs and replacement schedule Facility needs Standards of coverage Page 3 of 5 Admin/Proposals/StrategicPlan#3 Fe Public and Elected official participation process 1. Current perception of emergency services 2. Desired level of service 3. Support for plan adoption III. PROPOSAL REQUIREMENTS A. General Requirements Any inquiries concerning this request for proposal should be addressed to Kurt Latipow, Fire Chief, City of Ukiah Fire Department, 300 Seminary Avenue, Ukiah, CA 95482. He may also be reached at (707) 463-6263. B. Submission of Proposals The following material is required in a sealed envelope for a proposing consultant to be considered: . . A master copy (so marked) of a technical proposal and five copies to include the following: a. The proposal should state the experience of the consultant. Provide examples (a minimum of three) of similar projects conducted by the consulting firm, client name, and contact information. b. Describe how the scope of work will be performed. c. Title page showing the request for proposals' subject; the consultant's name; the name, address, and telephone number of a contact person; and the date of the proposal. d. Table of contents e. Transmittal letter, signed, briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the time period, a statement stating why the consultant believes himself to be the best qualified to perform the engagement, and a statement that the proposal is a firm and irrevocable offer for 60 days. A comprehensive cost bid in a separate sealed envelope ao Total all-inclusive maximum price. The comprehensive dollar cost bid should contain all pricing information relative to performing this engagement as described in this request for proposals. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. Admin/Proposals/StrategicPlan#3 Page 4 of 5 bo The City of Ukiah will not be responsible for expenses incurred in preparing and submitting the technical proposal or the comprehensive dollar cost bid. Such costs should not be included in the proposal. C. Insurance Required The successful bidder shall procure and maintain for the duration of the contract insurance, as al~proved by the Ci .ty, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant(s), his agents, representatives, or employees. Coverage shall be at least as broad as (or as otherwise approved by the City): A. Commercial General Liability coverage B. Automobile Liability (any auto). C. Workers' Compensation insurance as required by the State. of California and Employer's Liability Insurance. D. Professional or Errors and Omissions liability insurance appropriate to the consultant's profession. D. Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City's insurance requirements, the Consultant should list the exceptions in the proposal. E. Proposals Submission Deadline Five (5) copies of the proposal must be submitted to the office of the City Clerk at 300 Seminary Ave., Ukiah, CA by 2:00 p.m. on Thursday, September 8th, 2005, at which time proposals will be opened. OPENING DATE AND TIME MUST BE PROMINENTLY DISPLAYED ON SUBMITTING ENVELOPE. E-mailed or faxed copies of the proposal will not be accepted. Late proposals will not be considered, and returned unopened to the sender. The City of Ukiah reserves the fight to reject any or all proposals submitted. SUBMIT PROPOSALS TO: Marie Ulvila, City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Admin/Proposals/StrategicPlan#3 Page 5 of 5 /, CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) A~eclqn'~en'! # BID OPENING FOR: FIRE DEPARTMENT MASTER PLAN SPECIFICATION NO. DATE: SEPTEMBER 8, 2005 TIME: 2:00 p.m. COMPANY HUNT RESEARCH CORPORATION P.O. BOX 291 SOLVANG, CA 93464 AMOUNT ESCI 25200 SW PARKWAY AVENUE, SUITE 3 WILSONVILLE, OR 97070 ¢/%, CGR MANAGEMENT CONSULTANTS 407 SCENIC AVENUE PIEDMONT, CA 94611 MATRIX CONSULTING GROUP 2470 EL CAMINO REAL STE. 210 PALO ALTO, CA 94306 CITYGATE ASSOCIATES 705 GOLD LAKE DR., STE. 100 FP;SP,. CA 95630 ROBERT OLSON ASSOCIATES 100 EGLOFF CIRCLE FOLSOM, CA 95630-6614 .2.. Marie Ulvila, City Clerk Bids: Fire Dept Master Plan 2005 Attachment # Submitted to: Ms. Marie Ulvila, City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 August 2005 Emergency .~ervice s Consulting ~n¢. 25200 SW Parkway Avenue, Suite 3 Wilsonville, OR 97070-9616 (800) 757-3724 (503) 570-0522 (fax) info@esci.us August 2005 25200 SW Parkway Ave., Ste 3 Wilsonvillc, OR 97070 Phone 503-570-7778 ' Fax 503-570-0522 wv,'w, csci.us August 30, 2005 Ms. Marie Ulvila, City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 RE: Fire Master Plan - Request for Proposal Dear Ms. Ulvila' Emergency Services Consulting inc. (ESCi) is pleased to submit one master and five copies of the proposal document for consultation services to conduct a fire master plan transition study for the City of Ukiah. We recognize the importance of this engagement to the City and the Ukiah Fire Department and appreciate your consideration of our proposal. The critical focus of the project will be to consider how well the Ukiah Fire Department meets the needs of the community it serves. An emphasis will be placed on quantifying the existing risks and demands for service within the City of Ukiah, evaluating the fire department's current ability to provide those services, and charting a course that ensures its ability to do so in the future. These activities Will be undertaken with an emphasis on State of California statutes and mandates, the criteria of the Commission on Fire Accreditation International (CFAI), National Fire Protection Association (NFPA) standards, and accepted emergency service practices. As will be clearly illustrated in our proposal, ESCi has completed numerous comparable projects utilizing our team of highly qualified staff. Our competitive edge includes a working knowledge and understanding of contemporary fire service and EMS organizations, the magnitude and complexity of current delivery systems, and our ability to utilize state-of-the-art analytical technology and methodology to ensure accuracy and validity of observations and recommendations. We have prepared a methodology, approach, and work plan that responds directly to the scope as requested in the Request for Proposal (RFP). The detailed objectives and tasks identified in our proposal outline the process we feel is necessary to ensure that deliverables will address your questions and provide you with comprehensive recommendations and direction. M~s, Ulvila, ESCi Proposal - Comprehensive Fire__Master Plan Paqe 2 If, after studying our proposal, you desire more or less emphasis in any of the outlined tasks and/or deliverables, the project team stands ready to adjust the work plans to meet your needs. The project is priced to ensure high quality work that wiil be completed on time, while at the same time meeting the full scope of your RFP. We have included a list of related experience and references that we highly encourage you to contact regarding professionalism, quality of work and timeliness of product delivery. All projects have been finished within the time frame agreed to by the client and ESCi and within budget. ESCi understands that this is an important project. A key factor to the success of this project is the expertise and the depth of experience of the members assigned by the successful bidder. We are committed to assign our most experienced consuitants and specialists. We have assigned Mr. Ronny Coleman as Project Manager. ESCi is committed to completing the project within the time period as requested. This proposal offers a firm not-to-exceed bid price that is valid for 60 days. We appreciate your consideration of our proposal and look forward to assisting the City of Ukiah and the Ukiah Fire Department in this important study. If you have any questions, do not hesitate to contact Mr. Coleman directly at 916-689-5363 (e-mail Ronny. Coleman@esci.us) or me at 800-757-3724. Sincerely, . = . ..- . President J ack. S nook@esci, us Title Page Request for Proposal: City of Ukiah Fire Department, Fire Master Plan (Transition Study) Company: Emergency Services Consulting inc. California Regional Office: Contact Person: Corporate Headquarters: Contact Persons: 8866 St. Anthony Coud Elk Grove, CA 95624 Ronny J. Coleman Director of Business Development Phone: 916-689-5363 Fax: 916-689-4998 Cell: 916-799-5363 E-mail: Ronny. Coleman@esci.us 25200 SW Parkway Avenue, Suite 3 Wilsonville, Oregon 97070 Jack W. Snook, President Bruce Caldwell, Senior Vice President Phone: 800-757-3724 FAX: 503-570-0522 E-mail: info@esci.us Date of Proposal: August 30, 2005 ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA i Table of Contents ESCi's Corporate Profile ............................................................................................... 1 Corporate Profile ..................................................................................................................... 1 Organization Chart .................................................................................................................. 2 Description of Services ................................................................................................. 3 Project Understanding ............................................................................................................ 3 Project Methodology ............................................................................................................... 3 Scope of Work ............................................................................................................... 4 Project Organization and Staff ................................................................................... 10 Project Team Profiles ............................................................................................................ 10 References ................................................................................................................... 12 ESCi Disclosures and Practices ................................................................................. 13 Appendix ...................................................................................................................... 14 Project Team Resumes ......................................................................................................... 14 ESCi Partial Client List .......................................................................................................... 20 ESCi Brochure ........................... : .......................................................................................... 24 Cost Proposal .............................................................................................................. 25 Cost Quotation ...................................................................................................................... 26 ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA ii ESCi's Corporate Profile Corporate Profile Emergency Services Consulting inc. (ESCi) is a national firm providing specialized, high quality, professional fire, police, communications, and EMS consulting services to organizations throughout the United States and Canada. ESCi is considered by many to be the nation's leader in providing emergency services consulting. Since 1976, ESCi has been meeting the needs of emergency services agencies. With six full-time staff and over 40 field consultants nation-wide, ESCi works directly for municipalities, nonprofit organizations, and commercial providers of emergency services. We are recognized as expeds in the field by the emergency service community. This is confirmed by our on-going relationship with the International Association of Fire Chiefs (IAFC), The United States Department of Defense, The Western Fire Chiefs Association, The Florida Fire Chiefs' Association, The National Fallen Firefighters Foundation, The Washington State Association of Fire Chiefs, The National Volunteer Fire Council, and the hundreds of clients we serve from coast to coast. Products we provide include organization audits and evaluations, cooperative effort and consolidation, health and safety evaluations, master, strategic, and growth management plans, deployment planning, executive searches, assessment centers, and customized consulting. ESCi has helped to improve emergency services in hundreds of communities throughout the country. Our innovative training programs are improving the way organizations and people work. The mission of ESCi is to serve and perform with quality in mind. We will accomplish this by -i;~.,.~..~.~?...~.-~-~,~ ~.~:~ ~. ~-i~-~,~;'~ providing the highest value of consulting services and educational ESCi Mission / programs, and utilizing a team of professionals committed to offering highly beneficial programs covering current and anticipated Serve and Perform fire, police, communications, emergency management, and with Quality in Mind emergency medical services issues and needs. Since the beginning, ESCi has operated on the principles of honesty, integrity, and service. ESCi's philosophy is to maintain an active involvement within the emergency service disciplines and related fields and to stay ahead of the rapid changes and issues facing our clients. ESCi encourages creative solutions to complex system dilemmas. The firm recognizes the cultural, economical, operational, legal, and political realities of the local environment. ESCi avoids pre-conceived biases in order to develop and implement imaginative and long-lasting solutions. In addition, ESCi equips its clients with the background, understanding, and confidence to tackle future problems as they arise. All of ESCi's field associates are active practitioners in their respective fields, with many involved in highly visible and responsible national leadership positions. We understand your issues, challenges, responsibilities, and offer proven methods to improve your effectiveness. When engaged, all work progress is measured against a work plan, timetable, budget, and deliverables. During the project, team members confer frequently to discuss progress as well as ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 1 new or unanticipated issues. Our project management methodology ensures that services and activities are efficiently conducted and are focused, coordinated, and logical. All project team members are available for the duration of the project. Organization Chart I Phil Kouwe Vice President' Eastern Region Diane Schwartz Director of Communications Consulting ESCi Board of Directors President Administrative Assistant Conrad Kristensen Director of Financial Services Consulting / Linda Kristensen ! Thor Johnson Accounting ManagerF Proposal Coordinator Bruce Caldwell Senior Vice President Consulting Services I I I Il ! Ronny Coleman Director of Business Development Jerry Freshour Director of Placement & Recruitment Project Teams ESOi Proposal: Fire Master Plan - Ukiah Fire Department, CA 2 Description of Services Project Understanding The City of Ukiah (City) and the Ukiah Fire Department (UFD) are requesting proposals for qualified consultants to conduct a fire master plan transition study that addresses the current needs of UFD and to recommend goals and objectives that, if implemented, would result in the department's ability to meet projected needs over the next 15 to 20 years. Specific areas of evaluation are current and future fire, emergency medical services (EMS), hazardous material emergencies, and disaster preparedness needs within the City. Project Methodology ESCi's methodology reflects our understandinq of your expectations and our experience in working with the fire protection agencies of ot"her communities of similar size and character throughout North America. Key elements of ESCi methodology include: · A clear understanding of the project background, goals and objectives, and the complex issues that must be addressed. · A comprehensive, well designed, and practical work plan that provides opportunities for stakeholder input. · The commitment of sufficient professional resources, and an ability to complete the project successfully meeting or exceeding the outlined scope and deliverables within the desired period at a reasonable cost. · The production of a written report that provides systematic observation, analysis, and recommendations for all components and organizational systems. The methods and tools used by F_SCi have been created or adapted to meet the needs of the Ukiah Fire Department. These are not used in an off-the-shelf approach. Instead, we have customized them to meet the department's unique challenges and needs. Effective Project Coordination and Management - The selection and experience of the project manager is important to the success of this project. ESCi is offering in Mr. Ronny Coleman, a project manager who will: · Assist in the development and coordination of a project work plan · Have the ability to work closely with the department's representatives · Facilitate project team meetings to share project findings and ideas · Provide direction based on experience in similar situations, and knowledge of the department's capabilities and requirements ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 3 Scope of Work The following objectives and tasks will be accomplished to fully meet the scope of work requested. This methodology has been developed specifically for the City and UFD based on our understanding of your expectations. However, it uses approaches, tools, and techniques proven through experience to provide the type and quality of desired results. We have identified the various steps in the project as objectives. Ob_iective No. 1: Development of Pro_i_'ect Work Plan Activity: ESCi will meet with the city manager and fire department management team to gain a comprehensive understanding of the project's background, goals, and expectations. This action plan shall be developed identifying: Primary tasks to be performed Person(s) responsible for each task · Time table for each objective to be complete · Method of evaluating results · Resources to be utilized · Possible obstacles or problem areas associated with the accomplishment of each task This meeting will also help to establish working relationships, make logistical arrangements, determine line of communications, and finalize contractual arrangements. Objective No. 2: Review of Back round Information Activity: Obtain, review, and evaluate data and information relevant to this project including: · General plan of the municipality or community · Existing community growth management plans, including sphere of influence · Any LAFCO Municipal Service Review (MSR)documents · Current and proposed land use plans, zoning maps, and zoning code · Current comprehensive planning documents · Municipal building codes and ordinances · Local census statistics · Physical facilities and resources · Staffing practices, compensation, and labor agreements · Incident data, service practices, current service delivery objectives and targets, and other relevant information A detailed "Request for Study Data and Information" form will be provided, in advance, to the agency. This form will provide instructions for gathering, organizing, and supplying the various collections of maps, records, policies and procedures, statistics, technical data, NFIRS records, and other pertinent information necessary for the study. The agency will be provided reasonable time, in advance of fieldwork by the study team, for compliance with the data requests. ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 4 Objective No. 3: Stakeholders Input Activity: Conduct interviews with and gather information from key personnel including: City administration and management · Governing body, as requested · Fire department managers and other staff · Finance and human resource function managers County or city planning staff · Planning, zoning, and building officials · Other emergency service providers within the region, especially those involved in automatic aid · Medical facilities, medical director for regional or community EMS · Others as they may contribute to this project · Personnel at various organizational levels, including volunteers The project team will interview key stakeholders of any organization associated with this study. At a minimum, members of the project team will interview city officials, fire agency officials, labor representatives and, as appropriate, elected representatives as the City deems necessary. From these interviews, ESCi will obtain additional perspective and expectations on operational, economics, and policy issues facing the agency. In addition, the project team will learn more about availability of data necessary to meet projected goals. Activity: Facilitate a public community meeting intended to gather information and input from members of the general public, community organizations, and neighborhood associations on the following issues: · Customer priorities for the community's emergency services · Customer identification of current service strengths · Customer identification of current service weaknesses · Customer expectations for future service performance · Customer methods for evaluating service quality · Customer concerns · General input The project team will prepare survey instruments, questionnaires, and forms to be used during the community meeting. Professional graphics and a presentation of study objectives will be used to increase customers' understanding of their role in the process. Data and input gathered from the meetings will be statistically analyzed and presented graphically within the study, if appropriate. Ob_iective No. 4: Current Emergency Services Needs Assessment Activity: Conduct a complete and thorough organizational assessment of the fire department based on the elements included in the following tasks. - ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 5 Task 1: Organization Overview - An overview of the organization shall be developed evaluating: · Responsibilities and line of authority · Attributes of successful organizations · History, formation, and general description of the fire department today · Chain of command · Organizational structure · Operating budget, funding, fees, taxation, and financial resources · EMS budget, resources, and cost recovery · Current description of the fire suppression infrastructure Task 2: Leadership and Management Component - Areas to be evaluated include: · Mission, vision, strategic planning, goals, and objectives · Adequacy of SOGs, rules and regulations, and policies · Financial controls · Internal evaluation of critical issues · Internal evaluation of future challenges · Internal and external communications · Decision making processes · Document control · Secudty · Reporting and records Task 3: Planning for Fire Protection, Rescue, EMS, and HazMat - The planning process within the agency shall be reviewed. Key components include: · Review and evaluate the adequacy of the current planning process · Identifying critical issues and analyzing current and future services · Review elements of tactical planning within the organization · Review elements of operational planning within the organization · Review elements of master planning within the organization · Make recommendations relative to future planning needs Task 4: Risk Management- Review and make recommendations on various elements within the operation of the agency that present or mitigate risks of civil or legal action, injury, or illness that would have a detrimental effect on the organization, including: · Compliance programs for regulations and standards · Analysis of risk management strategy · Analyze risks associated with current employment practices · Analyze risks associated with current termination practices · Analyze risks associated with current training practices · Review safety policies, practices, and programs ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 6 Review job-related injury processes · Review liability insurance programs Review property insurance programs Review of IS© risk assessment and recommended improvement list Task 5: Personnel Management- Personnel management program shall be reviewed, focusing on: · Policies, rules, regulations, manuals, and handbooks Reports and records · Compensation · Labor-management relationship and issues · Cedifications and licensing · Disciplinary process · Counseling services · The application and recruitment process · Testing, measuring, and promotion processes · Health and wellness programs Task 6: Staffing - Review the current staffing levels of the fire depadment. Areas to be considered include: · Review and evaluate administration and support staffing levels · Review and evaluate operational staffing levels · Review staff allocation to various functions, divisions, and facilities · Analyze current staffing performance for incidents · Review firefighter / EMS staff distribution · Review utilization of career and volunteer companies · Review responsibilities and activity levels of personnel · Develop projection of future needs · Viability of volunteers Task 7: Finance - Review status of current level of effod on fire protection in the community budget process · Examine revenue streams · Examine budgetary profile · Examine funding options and alternative Task 8: Capital Assets and Capital Improvement Programs - Review status of current major capital assets (facilities and apparatus) and analyze future needs relative to the condition of capital assets, including: · Facilities - Tour and make recommendations in areas critical of current station conditions and future considerations. Items to be contained in the report include: ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 7 Location Age, condition, serviceability Apparatus and equipment needs Staffing needs Traffic patterns Street grid networks Land use criteria Jurisdiction boundaries Future service demands Changing demographics Projected growth and trends Sustainability of volunteers · Apparatus / Vehicles - Review and make recommendations regarding inventory of apparatus and equipment. Items to be reviewed include: o Age, condition, and serviceability o Distribution and deployment o Maintenance o Regulations compliance o Future needs · Support equipment · Examine triggers and thresholds for growth · Preparedness for financing capital needs Task 8: Delivery Systems: Suppression, Rescue, EMS, Disaster Preparedness, and HazMat- Review and make recommendations in areas specifically involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: · Alarm systems and communications infrastructure · Dispatch center capabilities and methods · Current response time performance levels and capabilities, analyzed Geographical Information Systems (GIS) software as appropriate · Current workload analysis · Facility deployment strategy assessment, analyzed through GIS software as appropriate · Resource deployment strategy assessment, analyzed through GIS software appropriate · Fire and EMS integration · Suppression, rescue, EMS, hazardous materials, disaster preparedness, and specialized programs scope of delivery · Incident control and management · Standard response practices · Mutual aid, automatic aid o plans and agreements o frequency and type of use o methods of communication o inter-department training through as other Task 9: Training Program - Review and make overall recommendations in critical areas involving training. Items to be reviewed include: · General training base competencies · Training administration · Training schedule ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 8 ~~ ~mergenc~ Training facilities Training program goals and objectives Training procedures and manuals · Record keeping · Clerical suppod Task 10: Fire Prevention/Public Education Programs - Review the department's effods toward fire injury prevention and public education programs. Elements to be evaluated include: · Code enforcement activities · New construction inspection and involvement · General inspection program · Fire and injury public education programs · Fire investigation programs · Statistical collection and analysis Objective No. 5: Development and Review of Draft Project Repot Activity: ESCi will develop and produce an adequate quantity of publication-quality, bound, draft versions of the written report for review by the client. Client feedback is a critical part of this project and adequate opportunity will be provided for review and discussion of the draft repod prior to finalization. The report will include: · An executive summary describing the nature of the report, the methods of analysis, the primary findings, and critical recommendations · Detailed narrative assessment of each report component, structure in easy-to-read sections and accompanied by explanatory suppod to encourage understanding by both staff and civilian readers · Clearly designated recommendations highlighted for easy reference and catalogued as necessary in a report appendix · Supportive charts, graphs, and diagrams, where appropriate · Supportive maps, utilizing GIS analysis as necessary Objective No. 6: Delivery and Presentation of Final Project Repm l Activity: ESCi will complete any necessary revisions of the draft and produce the specified quantity of publication-quality, bound, final versions of the written report. Formal presentations of the project report will be made by ESCi project team member(s) to staff, elected officials, or the general public and will include the following: · A summary of the nature of the report, the methods of assessment, the primary findings, and critical recommendations · Supportive audio-visual presentation · Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate · Opportunity for questions and answers, as needed ESCi Proposal: Fire Master Plan .- Ukiah Fire Department, CA 9 Project Organization and Staff The proposed project team members were selected after reviewing the needs of the City of Ukiah and the Ukiah Fire Depadment. Each team member brings a valuable perspective, objectivity, and integrity to the process. When engaged, all work progress is measured against a work plan, timetable, budget, and deliverables. During the project, team members confer frequently to discuss progress as well as new or unanticipated issues. Our project management methodology ensures that services and activities are efficiently conducted and are focused, coordinated, and logical. Ail project team members are available for the duration of the project. Project Team Profiles Jack W. Snook, President - Project Oversight Mr. Snook will provide project over sight during this engagement. He will meet regularly with the project manager to provide direction, guidance, and technical expertise. Mr. Snook, founder of Management Development Institute, DBA Emergency Services Consulting inc., has been with the company since 1976. He brings with him over 29 years of private and public sector experience at multiple levels. His formal education includes a Masters degree in Public Administration, a Bachelor of Science degree in Fire Administration, and an Associates of Arts degree in Fire Science. His career ranges from being the Chief Executive Officer of a City and corporation to being the Chief and Administrator of one of the nation's eighty largest fire departments. Mr. Snook has extensive experience in providing consulting services to clients throughout the world. He has managed well over 100 projects. Areas of expertise include management and organization reviews, cooperative service and consolidation, strategic planning, program evaluations, and risk assessment. He has been looked upon as a national leader in the fire service for many years. Recent assignments and/or appointments would include facilitator of the National Fallen Firefighters Foundation national summit to reduce line of duty deaths in America; moderator of the nations first symposium to bring healthcare officials and the fire service together to report develop a model program to reduce healthcare facility deaths and injuries; facilitator of a national roundtable to discuss emerging codes; and facilitator of the International Association of Fire Chiefs strategic plan (two years). Mr. Snook has key-noted over seventy-five conferences and conventions and has spoken at over 200 events. Ronny J. Coleman, Director of Business Development- Project Manager Mr. Coleman is the Director of Business Development for Emergency Services Consulting inc. He will be actively involved in all areas of this engagement providing analysis and technical expertise. His working knowledge of the California fire service will be invaluable to this project. Mr. Coleman has been engaged in over 200 consulting projects during his professional career. Mr. Coleman serves as the President Emeritus of the Fire Education & Training Network, otherwise known as FETN. He also serves as a technical consultant to the International Code Council (ICC) on code issues and the Environmental Systems Research Institute (ESRI) related ESCi Proposal: Fire Master Plan - Ukiah Fire Depadment, CA 10 to GIS mapping. He formerly served as the California State Fire Marshal and retired as chief deputy director of the California Department of Forestry and Fire Protection. He served as the president of the International Association of Fire Chiefs (IAFC). Previously, he was operations chief for the city of Costa Mesa and fire chief for the cities of Fullerton and San Clemente, California. He has served in both the US Forest Service and US Park Service. He has proudly served in the fire service for 44 years. Thomas Forster, Associate Consultant- Project Member Tom Forster serves as the Director of Operations and Facilities at Skywalker Ranch for Lucasfilm, Ltd. This has included serving as the fire chief of the Skywalker Ranch Fire Brigade since 1986. He has proudly served in the California fire service for 30 years, in both volunteer and paid roles. Tom holds a Masters degree in Human Resources and Organizational Development from the University of San Francisco. He enjoys long-range planning, and has facilitated over 100 strategic planning meetings for emergency service groups. He is a past-President of the Marin County Fire Chiefs Association, and the Marin-Sonoma Fire Training Officers Association. He currently serves on five non-profit boards, including the Larkspur Association of Volunteer Firefighters, and the Marin County Disaster Council. Tom is a Master Instructor in the California Fire Service Training and Education System, and has served as the lead instructor for Fire Instructor 2C, "Employing Audio Visual Aids," at the California Fire Academy at Asilomar (now Monterey Bay) since 1989. ESCi Proposal: Fire Master Plan - Ukiah Fire Depadment, CA 11 Eme~iaenc.~ Se'r~.,ices a~onsuk~?~ References Project: Five Year EMS Strategic Plan ESCi was contracted to assist the eight-member Ross Valley Paramedic Authority, a joint powers authority, in developing a five year strategic plan. Contact: Bob Fennet, Executive Officer Ross Valley Paramedic Authority 400 Magnolia Larkspur, CA 94939 415-927-5110 Project: Facilitation of Planning Between Infineon Raceway and Sonoma County Department of Emergency Services ESCi was contracted to provide an analysis of the incident action plan provided by the County and infineon Raceway and to provide options and alternatives to the provision of services based on nationally recognized fire and life safety standards for a raceway venue. Contact: Vern Losh, Sonoma County Fire Chief 2300 Country Center Drive, Building A, St. 221 Santa Rosa, CA 95403 707-565-1152 Project: Facilitation of 18 Month Self Assessment Process ESCi is providing direction, assistance, professional guidance, and technical expertise to help ensure that the Elk Grove CSD Fire Department becomes an accredited fire service agency through the Commission on Fire Accreditation International. Contact: Keith Gruenberg, Fire Chief Elk Grove Community Services Distdct Fire Department 8820 Elk Grove Blvd. Elk Grove, CA 95624 916-685-9502 ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 12 ESCi Disclosures and Practices Conflict of Interest Statement ESCi has neither directly nor indirectly entered into any agreement, padicipated in any collusion or collusion activity, or otherWise taken any action which in any way restricts or restrains the competitive nature of this solicitation including but not limited to the prior discussion of terms, conditions, pricing or other offer parameters required by this solicitation. ESCi is not presently suspended or otherwise prohibited by any government from participation in this solicitation or any other contracting to follow thereafter. Neither ESCi nor anyone associated with F_SCi has any potential conflict of interest because of or due to any other clients, contracts, or properly interests in this solicitation or the resulting project. In the event that a conflict of interest is identified in the provision of services, ESCi will immediately notify the client in writing. Insurance ESCi is insured in excess of $1,000,000. Litigation ESCi has no past and/or pending litigation or unresolved lawsuits. Employment Practices ESCi is an equal opportunity employer. The company is guided by recognized industry standards, policies, and procedures. ESCi offers a wide range of employee benefits and ongoing training opportunities that has enabled ESCi to attract and retain quality consultants who are recognized as experts in emergency service organization, management, and service delivery. Equal Opportunity Policy ESCi will not refuse to hire, discharge, promote, demote, or otherwise discriminate in matters of compensation against any person otherwise qualified, because of age, race, creed, color, sex, national origin, ancestry, or handicap. Staff and Client Base ESCi's diverse staff understands local government and emergency services. ESCi employs six full time employees and has exclusive consulting agreements with over 40 independent contractors. All of ESCi's field associates are active practitioners in their respective fields, with many involved in highly visible and responsible national leadership positions. Since 1976, ESCi has provided consulting services to over 700 cities, counties, special districts, states, professional organizations, private businesses, and the federal government. ESCi Proposal: Fire Master Plan- Ukiah Fire Depadment, CA 13 Appendix Project Team Resumes Jack W. Snook, President - Project Oversight Educational Background · Masters Degree in Public Administration · BS Degree in Fire Administration · A/A Degree in Fire Science · Fire Services Administration Institute Graduate · California Fire Officers' Academy Graduate Professional Experience · President, Emergency Services Consulting inc. - 1996 to present · President, Management Development Institute - 1976 - 1995 · Nine years fire chief of Tualatin Valley Fire and Rescue (OR) · Four years fire chief of Lake Oswego (OR) · 13 years Jackson County (Oregon) Fire Dist. No. 3 (firefighter to deputy chief) Relative Experience · City Councilman and Mayor - Central Point (OR) 1972-1978 · Fire Science Coordinator- Rogue Community College · Adjunct Faculty Member- U.S. Fire Academy · International Association of Fire Chiefs - Member · Western Fire Chiefs' Association - Member · Oregon Fire Chiefs' Association - Member · Metro Fire Chiefs' Association- Member · St. Mary's Home For Boys - Board of Directors (1994-2000) Associated Professional Accomplishment_~ · President Ronald Reagan - Letter of Commendation (Volunteerism) · Listed in Who's Who in the West · Guest speaker and lecturer in 39 states and several foreign countries · Author of several books and training video tape series · Contributing Author in Managing the Fire Service Today, ICMA ' · N.F.P.A. - Professional Standards Committee · International Association of Fire Chiefs; Prof. Dev. Committee - Past Chairman · International Association of Fire Chiefs - Editorial Committee · Oregon Fire Standards and Accreditation - Author, Consultant · Oregon Intergovernmental Services Bureau - Advisory Board · Oregon / ICS Taskforce - Past Chairman · Life Safety 2000 Committee Chairman - State of Oregon · I.A.F.C. International Conference - Program Chairman (1986, 1987, 1988, 1989) ESCi Proposal: Fire Master Plan - Ukiah Fire Depadment, CA 14 · Golden Trumpet Award- (one of seven recipients in OR's history) 1994 · Silver Trumpet Award - (one of three in OR's history, civilian contribution) 2001 Project Summary Mr. Snook has been the project manager of over 200 projects during the past 29 years. Following is a partial list of the projects he has managed. Clark County Fire District 6, WA - Customer Centered Strategic Plan. International Association of Fire Chiefs - Facilitation of the strategic plan. Mr. Snook facilitated the I^FC strategic planning process for three consecutive years. He has also facilitated national summits on healthcare reform and the fire service, and emerging codes in the fire service for the IAFC. Oregon Fire Chief's, Oregon District Directors Association, Washington Firefighters Association, and the Oregon Volunteer Firefighters Association - Facilitation of the strategic planning processes. Clackamas County Federal Fire Department No.1, OR, Eugene Fire Department, OR, Boring Oregon Fire Department, St. Helen's Federal Fire Department, OR, and Frankford, IL - Executive searches (position of fire chief). Vancouver, WA (3); Cowlitz County, WA; Boring, OR; Richland, WA, (3); Spokane F.D. No. 3, WA; and Jackson County Federal Fire Department No. 3, OR - Numerous assessment centers. Foster City and San Mateo, CA - Consolidation feasibility study. Project included full evaluation of the organizations involved, feasibility study, and implementation strategies. This project included an economics model for projected costs and cost savings over a ten-year period. Littleton Fire Department, CO - Project included conducting a 360-degree evaluation and reporting findings in the form of recommendations. Reedy Creek Federal Fire Department (Disney World), FL - Completed a management audit, customer centered strategic plan, executive search for fire chief, and management training. Post Falls, ID - Consolidation feasibility study. Project included full evaluation of the organizations involved, feasibility study, and implementation strategies. A review of their medical transportation system was included. Riverside and Lyons Fire Department, IL - Evaluation. The objective of this project was to look at their operations and make recommendations as to what they might do to improve independently as well as cooperatively. Greenwood Fire Department, IN - The project included the evaluation of the management component, human resource functions, planning, risk management, operational readiness, stations, apparatus, equipment, training, fire prevention and public education, oversight, finance, and support services. Scituate, Hingham, Hull, Norwell, and Cohasset, MA - Consolidation feasibility study. Project included full evaluation of the organizations involved, feasibility study, and implementation strategies. Fallon Fire Department, NV- The evaluation resulting in the dropping of an ISO rating from a class 5 to a class 1 fire department. They are the only all-volunteer fire department in the United States to acquire a class 1 rating. The project included the creation of a training program, inspection program, recommending improvements in all aspects of the operation including equipment, apparatus, and facilities. ESCi Proposal: Fire Master Plan- Ukiah Fire Department, CA 15 Development Fire Safety 2000 Plan for the State of Oregon - Chief Snook chaired the committee to develop, implement, and distribute a comprehensive public education and information program for the State of Oregon. It is now a model plan utilized at the United States National Fire Academy. Evans Valley Fire Department, OR - This was a comprehensive evaluation. The purpose was to prepare them for an ISO grading, check operational readiness, review staffing requirements, station locations, identify the potential for a functional or operational consolidation with a neighboring department, and improve overall operations. Hermiston, OR - Consolidation feasibility study. Project included full evaluation of the organizations involved, feasibility study, and implementation strategies. Jackson County F.D. No. 3, Jackson County F.D. No. 4, Lake Creek, and the city of Central Point, OR - Consolidation feasibility study. As a result, the city of Central Point and Jackson County Federal Fire Department No. 3 have legally merged. Newburg Fire Department, OR - Development of strategic plans. St. Helens Fire Protection District and Scappoose Fire Departments, OR - Development of strategic plans. Benton County Fire Department No. 4, WA - The project included the evaluation of the management component, human resource functions, planning, risk management, operational readiness, stations, apparatus, equipment, training, fire prevention and public education, oversight, finance, and support services. ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 16 Ronny J. Coleman, Director of Business Development - Project Manager Educational Background · Masters of Arts Degree in Vocational Education from Cai State Long Beach · Bachelors of Science Degree in Political Science from Cai State Fullerton · Associate of Arts Degree in Fire Science from Rancho Santiago College Professional Experience President, International Association of Fire Chiefs · Vice President, International Committee for Prevention and Control of Fire (CTIF) · President, California League of Cities, Fire Chiefs Department · Served on the Public Safety Committee for the League · International Fire Code Institute, Conference of Building Officials · National Fire Protection Association · Institution of Fire Engineers, USA Branch Fellow Relevant Experience · Creating and implementing fire protection policy for the local, state and national levels · Past Chairman of the IAFC Fire and Emergency Services Accreditation Task Force · Past Chairman of the NFPA Committee on Motion Picture and Television Production (NFPA Standard # 140) · Past Chairman of the Risk, Hazard and Value Evaluation project (RHAVE) U.S. Fire Administration · Past Chairman of the IFCI for the creation of Urban-Wildland Interface Code Committee · A member of the Oversight Committee for the National Institute of Standards and Technology (NIST) · Past member of a consensus committee for Liquefied Petroleum Gas, Negotiated Rule making for the U.S. Dept of Transportation · Member of the Natural Hazards Mitigation Council, National Institute of Building Sciences · Chairman of the Orange County Emergency Medical Services Committee · Authored over 12 textbooks on fire and emergency related topics Associated Professional Accomplishment~ · Panel member on the re-constituted "America Buming" panel · Member of the US Fire Administrations "Stakeholder Committee · Current Chairman of the Board of Trustees for the Commission on Fire Accreditation International. (CFAI) · Governor Schwarzenegger appointed him to the Blue Ribbon Panel to study the fires of 2003 · Fireman's Fund Corporation in Novato California appointed him to the Heritage Foundation. Project Summary Mr. Coleman has been involved in consulting since 1971 and has been engaged in excess of 200 projects. The following is a list of some of his more recent projects. ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 17 Fresno County, CA - This project consisted of a review of the delivery of fire protection services on a countywide basis by multiple agencies. The emphasis in this report was on governance, funding and deployment capabilities. Marin County, CA -A Transition Management Review was conducted to examine the condition of the department and the general direction of the newly appointed fire chief. The department had been lead by his predecessor for over thirty years. The focus was on evaluating what needed to be addressed in creating a future strategic plan. Paramount Studios, CA -A review was conducted on a 1928 era building that had been converted from an apartment house into a commercial structure. The emphasis was on the development of recommendations regarding fire and life safety and structural integrity. South Placer Fire Protection District - This project consisted of a study of a potential relocation of a fire station as well as an affirmation of the departments adopted Standards of Cover. Gilroy Fire Department - This project involved two separate processes. The first involved the creation of a Master Plan. The second involved a revision of the Master Plan after five years had elapsed. South Lake Tahoe Fire - This project consisted of establishinq a Fire Safe Planning Process to improve mitigation in 17 specific neighborhoods. Emphasis in"the project was on development of a set of recommendations as well as identifying a methodology for annual review. Salida Fire Department - This project consisted of the drafting of a Master Plan. Salinas Rural, CA -This project consisted of assisting the department in dealing with a location that required a fire station as part of a base closure transition. The second phase dealt with coping with a major development that was beyond the departments initial attack capability. San Mateo Fire Department, CA - This project involved an internal assessment of time management processes in relationship to departmental workload and organizational goals and objectives. Fremont Fire Department - This project consisted of mentoring an internal departmental team that was assigned to write their own Standards of Cover. The emphasis on this project was coaching and mentoring of internal staff. Santa Rosa Fire Department - This project consisted of an interim fire chief assignment. This involved the development of a Transition Management Repod and assisting with the selection process of the new fire chief. Mountain View Fire Department - This project consisted of an interim fire chief assignment. This involved the development of a Transition Management Report and assisting with the selection process of the new fire chief. Sierra Madre - This project consisted of a review of the relationship between the volunteer fire company and an incorporated city. Peoria Fire Department, AZ - This project consisted of a Master Plan for a very rapidly growing community located right outside of Phoenix, Arizona. Stanford University, CA - This project involved an analysis of a contractual relationship between Stanford University and a local fire department. Cleveland, OH Fire Department - This project involved providing support to the city Attorney in a decision process relating to severe budget reductions in the city. Mapping the Future of Fire - This project involved coordinating the development of a GIS Mapping Project for the city of Wilson, North Carolina. It involved work with the Environmental Systems Research Institute (ESRI) and approximately 50 fire departments in the implementation of GIS. ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 18 Thomas N. Forster, Associate Consultant- Project Member Education · Masters in Human Resources and Organizational Development, Francisco, 1993 · B.A. in Physical Sciences, California State University at Chico, 1983 · ^.S. in Fire Sciences, A.S. in Physical Sciences, College of Matin, 1979 Employment History_ University of San Director of Operations and Facilities, George Lucas' Skywalker Ranch Lucasfilm Ltd. 1999- present ' Ranch Manager, Skywalker Ranch, Lucasfilm Ltd. 1990-1999 Director of Safety and Security, Lucasfilm Ltd. 1986-1989 Supervisor of Fire Protection and Security, Lucasfilm Ltd. 1984-1986 Teaching and Speaking Experience · Lead Instructor, CFSTES Fire Instructor 2C, California State Fire Academy 1989 - present "Employing Audio Visual Aids" · Presenter: Many Media Use, General Management, Training, Time Management Courses 1988 - present o California Fire Training Workshop courses in Fresno and San Jose o California Fire Chiefs Association o Marin Sonoma Fire Training Officers o College of Matin o Santa Rosa Junior College (POST & Fire) o FDIC West, FireTec Reno o Toastmasters District 57 (SF Bay Area) Community Leadership · Past President - Marin County Fire Chiefs Association (1992), Marin-Sonoma Fire Training Officers Association (1989), Larkspur Volunteer Fireman's Association (1979 & 1988), Northern Matin Toastmasters (1997,1998). · Current Board Member- Marin Disaster Council, North Bay Council (large employers), Larkspur Volunteer FD · Volunteer Facilitator - leader of group planning & goals facilitation for numerous public and private groups. · Received public recognition from Marin County Board of Supervisors - disaster preparedness leadership, 2002 Related Certification~ · California Fire Services Training and Education System (CFSTES) "Master Instructor," 1987 · CFSTES Fire Instructor III, 1993 · California Community Colleges Lifetime Teaching Credential, Fire Science No. 356548, 1989 · CFSTES Fire Officer, 1987 · Toastmaster International Advanced TM Bronze Award, 1999 ESCi Proposal: Fire Master Plan- Ukiah Fire Department, CA 19 Consulting ESCi Partial Client List Alpine Township, MI Altamont Springs, FL AMS Ambulance Service, ME Aptos/La Selva Beach FPD, CA Arvada Fire Protection District, CO Ashland Fire & Rescue, OR Astoria Fire Department, OR Auburn Fire Department, WA Auburn, WA Aurora RFPD, OR Aurora, CO B.C. Chiefs, BC Bangor Fire Department, ME Banks, OR Battle Creek, MI Bayshore Fire Depadment, FL Beaumont, TX Belleair Bluffs, FL Bellevue Fire Department, WA Bellevue, WA Bellingham Fire Department, WA Belton, TX Benton Co. F.D. No. 4, WA Benton Co. SherifFs Dept., OR Bernalillo, NM Billings Fire Department, MT Blaine / Lynden, WA Boise, ID Bonita Springs Fire Control/Rescue, FL Bonney Lake Fire Department, WA Boring Fire Department, OR Bothell Fire Department, WA Bremerton Fire Department, WA Brenham Fire Department, TX Broward Co. Fire Chiefs, FL Brunswick County, SC Burton Township, OH CA Fire Instructors, CA Ca Fire Prevention, CA Camas Fire Department, WA Cambria Community Service Dist., CA Canby Fire District, OR Cariboo Regional District, BC Carmel Fire Depadment, IN Cascade Charter Township, MI CDF Fire/Butte Co. Fire & Rescue, CA Centerport Fire Department, NY Central Emergency Services, AK Central Kitsap Fire & Rescue, WA Central Lyon Co. FPD, NV Central Pierce Fire & Rescue, WA Central Pierce, WA Charleston FPD, OR Chehalis, WA Chelan County Fire District No. 7, WA Chelan Fire Department, WA Chemeketa Community College, OR Chino Valley Independent Fire Dist., CA Citrus County Fire/Rescue, FL Clackamas Co. Communications, OR Clackamas Fire District No. 1, OR Clackamas, OR Clark County Fire District No. 1, WA Clark County Fire District No. 6, WA Clark County Fire District No. 11, WA Co. State Firefighters, CO Coos Bay Fire Department, OR Coral Springs Fire Department, FL Corona Fire Department, CA Corporation of Delta, BC Corvallis Fire Department, OR Cowichan Valley Regional District, BC Cunningham Fire Prot District, CO Dallas Fire Department, OR Dallas Police Department, OR Davie County, NC Delray Beach Fire Department, FL Depart of Defense (D.O.D.) Depmsey & Associates, FL Dexter Rural Fire Prot District, OR District of Lake Country, BC Douglas Co. RFPD No. 2, OR Douglas County, GA Dover Township, PA Dundee, OR East Fork, NV Eastside Fire & Rescue, WA Edison Pt. Holdings, Inc., FL E! Paso de Robles, CA Emer. Medical Foundation, Inc., FL Erie, PA Estero Fire Rescue District, FL Eugene Fire & Emergency Med Services, OR ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 20 ~-W~erger~.Q/ Serv'ices Coz~suitiz~g. Eugene, OR Fairbanks/North star Borough, AK Fallon Fire Department, NV Farmers Branch Fire Department, TX Federal Way Fire Department, WA Fire Chief's Assoc of BC Fire Instr. Assoc. N. Texas, TX FL Association of Special Districts, FL Florida Fire Chiefs Association, FL Foal Worth Fire Department, TX Foster City, CA Frenchglen 2000, OR Garland Fire Department, TX Georgetown County, SC Georgia Fire Academy, GA Graham Fire & Rescue, WA Grants Pass Public Safety, OR Greensboro Fire Department, NC Gresham Fire Department, OR GVRD Fire Chief's Assoc., BC Henderson Fire Department, NV Hermiston, OR Hesperia Fire Protection District, CA Highlands County (MGT America), FL Hill AFB Fire Department, UT Hilton Head Island Fire & Rescue, SC Hoffman, Hart & Wagner, OR Holiday Retirement Corporation, OR Hood Co. Firefighters Association, TX Hood River Fire Department, OR Idaho Fire Chiefs Association Idaho State Fire School, ID Idaho State Fire School Bd of Directors, ID Illinois Fire Chiefs, IL Incline Village, NV lslamorada Fire/Rescue, FL Island County Fire District No. 3, WA Jackson County Fire District No. 3, OR Jackson County Fire District No. 4, OR Jefferson Co. Fire District No. 3, WA Jefferson RFPD, OR Johnstown Fire Department, PA Juneau Fire Department, AK Juneau, AK Kansas City, MO Kalispell Fire Department, MT Keizer Fire District, OR Kelowna Fire Department, BC Kent Fire Department, WA Kent Fire Dept / King Co., WA Kent, WA King Co. Fire District No. 2, WA King Co. Fire Training Officers, WA King Co. FPD No. 26, WA King Co. Dept. of Youth Services, WA King Co. FD No. 38, WA King Co. Fire District No. 13, WA King Co. Fire District No. 39, WA King Co. Fire District No. 40, WA King Co. FPD No. 16, WA King Co. Training Officers Assoc., WA Kirkland Fire Department, WA Kirkland, WA Kitsap Co. Fire District No. 1, WA Klamath County Fire District No. 1, OR Kodiak Island Emerg. Services, AK La Plata Co. Fire Services, CO La Vista, NE Lake Oswego Communications, OR Lakewood Fire District No. 2, WA Langley City Fire & Rescue, BC Lansing Fire Department, MI Largo, FL Larkspur Fire District, CO Lauderdale by the Sea/MGT of America, FL Lebanon Fire District, OR Lewis Co. No. 12, WA Lewiston Fire Department, ID Linn-Benton Fire Training Council, OR Littleton, CO Longview FD/Cowlitz 2 Fire & Rescue, WA Maine Fire Chiefs Association Maple Ridge VFD, BC Marion Co. RFPD No. 1, OR Mason Co. Fire Distdct No. 2, WA Mason Co. Fire District No. 5, WA Massachusetts Municipal Managers Maui, HI McNeil Island Correctional Facility FD, WA Meridian Fire Department, ID Mesa County, CO Metro Fire Training Center, CO MGT of America - Wellington, FL Milwaukie Fire Department, OR Milwaukie, OR Monroe Co. Fire & Rescue, FL Monroe Co. Safety Officers, NY Montesano, WA ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 21 ~rne~oenc~/ Sez~fces C~:,nsuiti~Go bzc. Murray City Fire Department, UT N Lake Tahoe FPD, NV N. CA Training Officers Association, CA N. Lake Tahoe Reg. Fire Chiefs Assoc., NV Nanaimo Fire Department, BC National Volunteer Fire Council, WA Nevada Fire Chief's Association, NV New England Fire Chiefs Association New Hanover County, NC New Hanover Fire Service Adm., NC Normal/Bloomington, IL Nodh Bay Fire Protection District, OR North Lake Tahoe Fire Prot. District, NV North Lincoln Fire & Rescue, OR North Slope Borough Fire Dept., AK North Vancouver Fire Department, BC North Vancouver, BC Northshore Fire Department, WA Northshore Fire Department No. 51, WA NW Association of Fire Trainers, OR Okanogan FPD No. 6, WA Okeechobee, FL Oldsmar, FL Olympia Fire Department, WA Orange County Fire Authority, CA Orange, CA Oregon City Fire Department, OR Oregon City Police Department, OR Oregon City, OR Orlando Ice Plex, FL Oro Valley, AZ Oxnard, CA Pacific Co. Fire District No. 1, WA Pacific County Fire District No. 1, WA Painesville Fire Department, OH Palm Beach Co. Fire Rescue, FL Palm Beach Purchasing Dept., FL Paradis Volunteer Fire Department, LA Paso Robles, CA Peachtree City Fire Department, GA Pendleton Fire/Ambulance, OR Philomoth Police Department, OR Pierce Co. Fire District No. 21, WA Pierce Co. Fire District No. 23, WA Pierce Co. Fire District No. 27, WA Plainfield/Charter / Rockford, IL Plainfield Fire District, IL Piano Fire Department, TX Polk Co. Fire District No. 1, OR Pompano Beach Fire / Rescue, FL Port Moody, BC Port Washington Fire Department, NY Portland Fire Bureau, OR Post Falls FPD, ID Post Falls, ID Poulsbo Fire Department, WA Prism Health Services, PA Prosser & Benton Co. FD No. 3, WA Pullman Fire Department, WA Puyallup Fire Department, WA Racine, WI Reedy Creek, FL Region Six Training Council, WA Regional Emerg. Service LP, FL Regional Fire Office Academy, OR Reno Civil Service Commission, NV Reno Civil Service, NV Renton Fire Department, WA Richardson Fire Department, TX Richland Fire Department, WA Richmond Fire Department, CA Rochester Fire Department, MN Rockford, MI Rocky Mountain Fire Academy, CO Rocky Mt. Fire Academy, CO Rogue lnteragency Training Assoc., OR Roseburg, OR Roslyn Rescue Hook/Ladder Co. 1, NY Roswell Fire Department, NM Rudisill Guthrie, PA Russian River Fire District, CA Saanich Fire Department, BC Salisbury, MD San Gabriel Area Cities, CA San Juan Co. Fire District No. 4, WA Santa Cruz Fire Chiefs Assoc., CA Santiam Canyon Comm. Ctr, OR Scappoose RFPD, OR Sedro-Woolley Fire Department, WA Seminar: WSAFC, WA Sheridan Fire District, OR Sisters-Camp Sherman Fire Dist., OR Snohomish Co. Fire Dist. No. 1, WA Snohomish Co. Fire District No. 8, WA South Ogden City, UT Southern OR Regional Commun., OR Southwest United Fire Districts, IL Sparks Fire Depadment, NV ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 22 ~Tmergene~u Services Consultin~¢ in.c, Spokane Co. Fire District No. 1, WA Spokane No. 4, WA Spokane Co. Fire District No. 8, WA Spokane Valley Fire District No. 1, WA Spring Fire Department, TX Springfield Fire & Life Safety, OR Springfield. Fire Department, OR St. Helens RFD, OR St. Paul Rodeo Association, OR Stanfield Fire District No. 7-402, OR Stanislaus Consolidated FPD, CA Stayton, OR Steamboat Springs, CO Summit County, UT Sunriver Service District, OR Surrey Fire Department, BC Tamarac, FL Texaco Thurston Co. No. 9, WA Town of Manchester, CT Town of Palmer Lake, CO Tri-County TO Assoc., OR Tri-Lakes Fire Protection District, CO Truckee Meadows FPD, NV Tualatin Valley Fire & Rescue, OR Twentynine Palms Fire Dept., CA Upper Dauphin County EMS, PA Utah Fire & Rescue Academy, UT Utah Fire & Rescue, UT Vancouver Fire Department, WA Victoria Fire Department, BC Village of Downers Grove, IL Village of Strudevant, WI WA Fire Commissioners Assoc., WA WA State Firefighters Association, WA Walla Walla Co. FD No. 5, WA Walla Walla Fire Department, WA Warrenton, OR Waterville, ME Western Fire Chiefs Association Westminster, CO Whatcom Co. Fire District No. 7, WA Wheat Ridge Fire Protection Dist., CO Wilmington, NC Winston-Salem Fire Department, NC Wisconsin State Fire Chiefs Assoc., WI Woodinville / King City, WA Woodinville Fire & Life, WA Woodland, WA Woodmoor-Monument FPD, CO Yakima Co. Fire District No. 4, WA Yakima Fire Department, WA Yamhill Communication Agency, OR York County Communications, PA ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 23 Demands placed upon emergency service agencies in today's environment are growing at the same time budgets are coming under increased scrutiny. Everyone is being asked to do more - a lot more - with less. In this environment, emergency service agencies must improve efficiency and performance quickly with measurable results. Since a976, Emergency Services Consulting, inc. (ESCi) has been a trusted advisor, counselor and consultant for emergency service agencies throughout the United States and Canada. ESCi is committed to providing the highest value in consulting services by utilizing a team of professionals who have served within the industry at almost every level. They have distinguished their careers with service and advice that sets them apart as industry experts. From Fire Department Evaluations to Strategic Plans to Executive Searches and much more, ESCi can help your agency navigate through the c. omplexities, bridging all your constituencies, and turning complexity into opportunity. We look forward to serving you. JACK ~(,'. SNOOK President ES(_i'i is a unique blend of talent formed to unite practical, real-life experience with the latest thinking and technology, all dedicated to producing results for the emergency services community. Though our staff is spread out across the country, each comes together with a mutual commitment to deliver the highest caliber consulting services regardless of the size or scope of the project. ESCi's team of field associates are active practitioners in their respective fields. Each understands your issues, challenges, and responsibilities and offers solutions designed to solve your specific needs. AREAS OF EXPERTISE INCLUDE: · Emergency Service Agency Evaluations · Communications/9-1-1 Studies · Strategic Plans · Cooperative Effort/Consolidation · Executive Searches · Fire Station & Staff Deployment Plans · Assessment Centers · Recruitment, Screening, and Testing Services · Community Emergency Planning · Pre-ISO Reviews · Fleet Management Reviews · .NFPA 171 O/1720 Analysis · Validated Written Exams · Growth Management Planning · Workshops As our world changes, ESCi is here. We are ready to respond to the growing challenges of the emergency services community by providing Community Risk Analysis and Homeland Security consulting services. We continue to evolve our services to better meet the ever-changing demands placed upon emergency services. "The Orange Courtly Fire Aulhorib, (OCFA) serves a fast-growing and widely diverse community of 1.3 million people from 64 fire slatior, s ic, 23 separate polili- col entities. After years of reading lo increasing service demands., over-burdened resources and struggling with rapid change in our community, lhe OCFA decided ~o regain some measure of conlrol over ils fulure by developing o strategic plan. Through exlensive research, interviews and careful consideration - Emergency Services Consulting inc. (ESCi) was selected to assis~ in developing our slralegic plan. ESCi commitled to cuslomizing ils cuslomer based process to fit the require- ments of our situalion and did jusl ~hal. They commilted ~o, and provided as prom- ised, specific deliverables- products lhat were meaningful ar, d useful to the OCFA. ESCi is not a firm thai "takes a solution and then goes aboul developing a prob- lem for which the solulion will fix." If you're ready to know about ~he true needs of your organization and your community, consider the ESCi Customer Based Strategic Planning process -it works!" Chip Prulher, Fire Chief Orange County Fire Authority Orange County, California "Our Emergency Services Consulting inc. fire service feasibility siudy has proven to be an invaluable tool for lhe Central Okanagan Regional District fire departments. The consulling group has shown great perception in recognizing the needs of our area and recommending valuable changes and alternatives. I would highly recommend this group to any progressive fire departments who are looking to meet lhe needs of the future." G. Zimmermonn, Fire Chief City of Kelowna Fire Departmenl Kelowna, B.C FIRE DEPARTMENT EVALUATIONS ESCi provides an objective evaluation of emergency services delivery capabilities, limitations, support programs, and resources. It greatly assists an organization prepare for strategic planning, accreditation, ISO grading, cooperative services, compliance with mandates, capital management, and service improvement. ESCi evaluates the organization's conformance with legal mandates, NFPA standards, CFAI accreditation criteria, as well as professional standards of fire and emergency services excellence. The evaluation process is flexible, broad in scope and involves the entire organization. As with all of the ESCi's services, the approach is non-threatening, unbiased, and progressive, ensuring that your organization and community are receiving the highest quality service at a reasonable cost. CUSTOMER CENTERED STRATEGIC PLAN The ESCi process focuses on community needs and is driven by the central theme of "what is in the best interest of the citizens served?" Unlike traditional planning, our process is designed to focus on the real issues and needs of the internal and external customer. It is driven by a dearly defined vision for the future and an identification of organizational strengths and challenges. ESCi leads the organization's planning team through the creation of dearly stated and achievable goals, objectives, and performance measures. The process leaves the organization with a dear sense of direction, a comprehensive plan of action, and a greater sense of unity and common purpose. "Emergency Services Consulting inc. did a great job working with lhe City of Eugene, Oregon, on our Fire/EMS Chief recruilmenl. They were very skilled o~ customizing ~heir approach Io meal our needs. Their post experience in lhe Fire and Emergency Services world broughl them a deplh of understanding and a breadth of conlads, which clearly enhanced our applicanl pool. Would we use lhem again? Yes, without hesitation." Jim Johnson, City Manager City of Eugene Eugene, Oregon EXECUTIVE SEARCH Finding the right person for the job has never been more important. An investment up front to properly select a qualified individual can pay significant dividends in the future. ESCi brings together the resources needed to streamline the selection process and make the right choice from candidates for these critical positions. Our process is qualitative, comprehensive, and includes all of the selection activities needed to ensure success for the person ultimately selected and for the organization. ",\",~:rgers and consolidation mo), be comlnonp/c::ce for lhe c:orjzx;rale world bu~ il ,i,vc~s o frightening concepl for lhe Greensboro ,q,'e Deportmenl in our hearts we kl~ew it was lhe right thing Io do br our cJlJzen~.. Underslonding this foci did little to olleviale our apprehensions associated wiih all thai is invoh,ed in these silualions. Emergency Se~,ices Consulting inc. proved to be our salvation. Seeking lheir expert guidance was one of lhe best decisions we hove ever n~ade. Their consutlanls, armed.with fire se~'ice backgrounds, knew firsthand the benefits and obstacles associated with merger consolidation. Now that we are moving towards a Strategic Planning effort 1o actually implement a merger, we plan lo ulilize their sewices once again. Being an ISO Class 1 and Internationally Accredited department one may gel lhe idea lhal we have all al the answers. Whal we bund is when exploring new terrilories i~ pays lo have an experi guide. ESCi has proven lo be lhal guide br our organization.' Bradley Cox, Fire Chief Greensboro Fire Deporlmenl Greensboro, North Carolina COOPERATIVE EFFORT/CONSOLIDATION One of the biggest challenges facing fire departments and EMS organizations is dealing with decreasing resources and increasing community demands for service. "Quality public service" requires periodically looking at service and program options that can have a positive impact on effectiveness and efficiency. An evaluation of two or more emergency service agencies, coupled with analysis of realistic cooperative effort opportunities and implementation strategies, can yield excellent results. ESCi has provided guidance and a "roadmap for success" to approximately 200 organizations in more than 40 successful cooperative effort feasibility studies. ESCi has conducted national, regional, and local workshops on cooperative effort and is the exclusive provider of cooperative service workshops for the I.A.F.C. "ESCi has demonstrated absolute mastery in providing consulting services for Emergency Dispatch Consolidation. They've provided the highest value of consulting services and educational programs utilizing a team of committed professionals very knowledgeable in fire, law enforcement, and emergency medical services. They've taken the military's independent antiquated systems and developed a state of lhe art fully automated consolidated dispatch system. ESCi has equipped our joint military, forces in Hawaii with the background understanding and confidence to manage a consolidated Emergency Dispatch Center. We couldn't have done it wilhout them." Ken Baulisla Major, SC Diredorole of Informalion Managemenl IJ.S. Army EMERGENCY COMMUNICATIONS/9-i-i The emergency dispatch center is a critical first point of contact for people faced with emergencies. Successful emergency response depends largely on a well-performin~ dispatch system. ESCi can help achieve success through a comprehensive analysis of current performance. Our analysis reviews current dispatch center operations agaim national standards and professional practices and provide practical recommendations for improvement. RISK ANALYSIS AND HAZARD MITIGATION PLANNING ESCi provides technical assistance in the development and updating of state, county, and local agency emergency plans. ESCi will assess community risks and assist in the development of a hazard mitigation plan, ensuring that al Federal requirements are addressed and included in the planning process. ESCi will also develop an emergency and operations plan to ensure effective and coordinated respon: to major emergencies and assist in the conducting of exercises and ensure the plan is periodically updated. ': ,~ :: ~r~!~ ?_:ed h:epari!!~ f~_~ ihat change ; :n~ ot the tue services most crtticat needs H'av~n~ the well respected, insight~uf and ex~remeiy knowledgeable ESCi ~elpi~g our organization plan far our ~uture has provided our cammunib the assurance thai our semites can continue- undiminished inca the future. The ESCi s~afl is comprised af ve~ experienced an~ extremely campe~enl professionals who helped us build a bridge to our future. I would recommend them without hesilation.' Mike Greene, Fire Chief Mason Counly Fire Districl I'io. 2 Washington t~:m~rgency sel¼ce challenges are local. This is why eveisrthing we do is custom to your needs. Because we serve agencies across the country, we are able to bring a national perspective to your local needs and apply lessons learned to your unique challenges and increase performance beyond what was previously considered possible. Doing more with less, increasing performance, connecting your services with your community. Turning challenges into opportunities. ESCi...your emergency services partner. Emergency Services Consulting inc. 25200 SW Parlcway Ave., Stc 3 * Wilsonx'ille, OR 97070 Phone 503-570-7778 · Fax 503-570-0522 800-757-3724 i~mergenctd Se;-t,ices C'on.sulYz'rt3~ inc. Cost Proposal ESCi Proposal: Fire Master Plan - Ukiah Fire Depadment, CA 25 Ernecae~zc~/ ~e~,ices Consglt{tz9' inc~ Cost Quotation Emergency Services Consulting inc. is pleased to present the following formal bid for the project outlined in the proposed work plan: Master Plan Transition Study: ............................................................... $15,995.00 Actual expenses (travel, lodging, meals, mailing, and copying): .......... $2,000.00 Total bid to conduct study, not to exceed: ..........................................$17,995.00 ESCi Hourly Rates Project Manager- $145.00 Project Member - $125.00 Proposed Payment Schedule 35% payment due upon contract signing 35% payment due upon receipt of draft report 30% payment due upon receipt of final report Information relative to cost quotation · Bid quotation is valid for 60 days. · The cost quotation above includes a maximum of three (3) on site visits. · ESCi will receive full cooperation from person(s) representing the City of Ukiah. · While engaged in the project, ESCi will repod to a single point of contact. · When requested, and in a timely manner, the client representative will provide to the ESCi project manager, data, information, and materials required for the completion of the objectives outlined in the detailed work plans submitted in this proposal. · Local taxes, fees, or business licenses associated with this project have not been included in the cost quotation. If required, ESCi will invoice said charges in addition to the project fee. · ESCi shall perform any additional work on a time and materials basis at the hourly rate of $145.00 per hour. ESCi Proposal: Fire Master Plan - Ukiah Fire Department, CA 26 ITEM NO. DATE: September 21,2005 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING ACQUISITION OF SERVICES FROM SPENCER BREWER FOR THE MANAGEMENT/PRODUCTION OF THE 2006 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $7,500 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the acquisition of services from Spencer Brewer (dba: Laughing Coyote Productions) for the management and production of the 2006 Sundays in the Park Concert Series in the amount of $7,500. Spencer is one of the original organizers and has provided these services since the beginning of the series. The contracted amount is the same as last year. The event is funded entirely by private sponsorship, and the funds are held in a trust account (900.205.226) that the City manages. RECOMMENDED ACTION: 1. Receive report regarding the acquisition of services from Spencer Brewer (dba: Laughing Coyote Productions) for the management and production of the 2006 Sundays in the Park Concert Series in the amount of $7,500. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager 1. 2006 Contract Proposal from Spencer Brewer Candace Horsley, City I~anager Attachment #1 Proposal to Manage the 2006 Sundays in the Park Concert Series ! propose to manage the 2006 Sundays in the Park Concert Series for the City of Ukiah to the same extent that I handled the project in 2005. I will coordinate all the acts bookings of said acts, sound logistics, radio spots, radio & press releases, stage coordination, help on the poster layout, concert day opening speeches, fund raising, and general on site management at each concert. If a previously scheduled concert of my own occurs on the day of any of the SlTP concerts I will make ample arrangements. The terms are as follows: $2.000. to be paid on September 25, 2004 to Spencer Brewer. This covers ali my expenses in enlisting sponsors, booking of the bands, setting up the publicity campaign and the pre-work to begin the 2006 series. The next payment of $2,500 will be due on December 7th. 2005. An additional $500. per each of the six concerts, will be due on the day of each concert. If there are 7 concerts, the amount will be adjusted. Total: $7,500. Signed' Spencer Brewer. September 12, 2005 Accepted for the City of Ukiah: Date: DATE: September 21, 2005 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO TOMARK SPORTS FOR THE PURCHASE OF BLEACHERS FOR THE UKIAH SOFTBALL COMPLEX IN AN AMOUNT OF $18.815.94 Council previously awarded this bid. However, the approved amount did not include tax. The bid amounts have been revised and the report is being resubmitted for consideration. In 2002, the City of Ukiah was awarded a competitive grant from the State of California Department of Parks and Recreation for improvements at the Ukiah Softball Complex. Funding was specifically awarded for the construction of the third softball field and additional complex upgrades including new bleachers for each of the fields. The existing bleachers are failing and do not have a guardrail system. In accordance with City of Ukiah purchasing policies, the City's purchasing supervisor issued a request for bid to all known vendors who sell bleachers. In addition, a public notice was published in the Ukiah Daily Journal on July 17th and 22nd. Continued on Page 2 RECOMMENDED ACTION: Award bid to Tomark Sports for the purchase of bleachers in the amount of $18,815.94. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the purchase of bleachers for the Ukiah Softball Complex is inappropriate at this time and reject all bids. 2. Select an alternate bid from those submitted. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager, Mary Horger, Purchasing Supervisor and Jake Burgess, Sports Coordinator. N/A Candace Horsley, City er Three companies responded to the request for bid by the August 2"d deadline with Tomark Sports submitting the Iow bid in the amount of $18,815.94 for6 aluminum bleachers. Refer to the following table for a complete summary of bids. Company Quote Quote with Tax Collegiate Pacific Discounter Montgomery Marketing Tomark Sports $17,700 $18,951.08 $19,825 $21,081.06 $17,544 $18,815.94 The cost of the bleachers will be charged to the 140.6050.800.004 account (Park Development Fund - Softball Complex Renovation Project) and will be reimbursed by the Roberti-Z'Berg-Harris Nonurbanized Area Need Basis grant. AGENDA SUMMARY ITEM NO. 00~5~ DATE' ,September21, 2 REPORT SUBJECT: AUTHORIZATION OF AWARD OF BID FOR TRAILER MOUNTED HIGH PRESSURE BREATHING AIR SYSTEM TO MALLORY FIRE. SUMMARY: Submitted for the City Council's consideration and action is Staff's recommendation that the bid for one trailer mounted high pressure breathing air system be awarded to Mallory Fire of Santa Rosa, California. BACKGROUND: In response to the City's request for bids, four (4) bids were received and opened by the City Clerk after the deadline of Monday, September 12, 2005, at 2:00 p.m. One of the four bids was rejected by Staff as being incomplete and the remaining bids were reviewed for compliance with the City's specifications (Attachment 1). Of the three remaining bidders, none fully met the advertised specifications. Staff has thoroughly reviewed all qualified bids and has determined that the proposal from Mallory Fire in the amount of $88,851.73 (Attachment 2) most closely meets the specifications published. In StafFs opinion, the differences between Mallory Fire's proposal and the advertised specifications is non-substantive and the trailer mounted high pressure breathing air system they have, in some ways, exceeds our specifications and is best suited for the City's needs. During the Budget Hearing process the City Council approved funds for the new breathing apparatus and a trailer mounted air fill system, account 699.2101.800.016. At the Council's August 17, 2005, meeting, approval was given to purchase the breathing apparatus for a total of $145,179.04, leaving a balance of $92,920.96 to fund the air trailer. RECOMMENDED ACTION: Award Mallory Fire the bid to provide the City one trailer mounted high pressure breathing air system in the amount of $88,851.73. ALTERNATIVE COUNCIL POLICY OPTION: 1. Reject all bids and direct Staff to re-bid. 2. Reject Staff's recommendation and offer direction Citizen Advised: N/A Requested by: City Council Prepared by: Kurt Latipow, Fire Chief Coordinated with: Candace Horsley, City Manager Attachments: Attachment 1 -Bid specification Attachment 2 - Proposal from Mallory Fire Attachment 3 - Bid Summary APPROVED: Candace ~ity Man~~,er Attachment # J -- CITY OF UKIAH EQUIPMENT SPECIFICATIONS FOR TRAILER MOUNTED HIGH PRESSURE BREATHING AIR SYSTEM SEPTEMBER 2005 The City of Ukiah invites bids for one (1) trailer mounted high pressure breathing air system designed to fill SCBA and SCUBA air cylinders. The enclosed specifications shall be considered minimum, however, bidders who feel they can supply comparable equipment that does not fully meet the detailed specifications are encouraged to submit bids. Bidder shall, as indicated on the bid form state the total price for the equipment as specified, including sales tax, destination charges, and any other applicable fees or charges, FOB the City of Ukiah. The successful bidder shall supply the vehicle fully equipped and ready for service at time of delivery. Dealer shall process registration and title transfer for exempt license plates to the Department of Motor Vehicles on behalf of the City of Ukiah. GENERAL INSTRUCTIONS TO BIDDERS Each bidder shall provide their bid on the bid sheet provided, along with a complete detailed description of the equipment he/she proposes to furnish. In addition, bidder shall indicate on the forms whether the equipment proposed to be provided does or does not comply with the specifications listed, and if a substitution is proposed. A complete detailed description of the warranty shall be provided with the bid. The total price shall include all equipment, accessories and optional items specified as a minimum. The equipment to be furnished under this bid shall be the manufacturer's latest model and design. Dealer shall process registration and title transfer. The specifications shall be regarded as minimum. Bidders must furnish all descriptive literature, manufacturer's compliance certificates and all other data on the equipment proposed as required in this specification. The specification shall be considered to be incorporated as an integral part of your bid, whether or not a copy is included in the submittal at bid time. At a minimum, a complete bid will include: Bid Form Detailed Specifications of the equipment proposed to be provided Exceptions to Specifications, and ~f there are none, this should be so stated. Reference Contact Information Copy of Warranty proposed to be provided GENERAL CONDITIONS 1. GENERAL INFORMATION - The City Clerk of the City of Ukiah, California, will receive bids at her office, at Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, on or before 2:00 pm on September 12, 2005. Late bids will not be considered, and returned unopened. Faxed or e-mailed bids will not be accepted. Bids shall be made on the bid form provided, signed, and placed in a sealed envelope bearing the name of the bidder, bid opening date and time, and bid description. Bids shall be neatly hand-written in ink or typed. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the bid. Bids are to be verified before submission as they cannot be corrected or altered or signed after bids are opened. A bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled time for opening of bids. 2. FORM OF BID - Bids shall be made on the enclosed bid form. If the bid form is deemed inadequate to provide the necessary information, additional information may be submitted with the bid sheet, via an attachment of catalogs, drawings, photographs or a letter. Letters repeating prices and details from the City's specifications shall NOT be included. 3. INTERPRETATION OF BIDS - Should a bidder find discrepancies in, or omissions from the specifications, or should bidder be in doubt as to their true meaning, bidder may submit to the Purchasing Agent a written request for an interpretation thereof prior to the bid opening. The person submitting the request shall be responsible for its prompt delivery. Any interpretation of, or change in the proposed documents will be made only by an addendum issued to each person to whom specifications have been issued, and shall become part of any contract awarded. The City will not be responsible for any other explanation or interpretations. 4. ADDENDA - Any addenda issued by the City during the time of bidding shall be covered in the bid and shall be made a part of the contract. 5. BID OPENINGS - Bids delivered to the City Clerk of the City of Ukiah, on or before the day and hour set for the opening of bids in the published NOTICE TO BIDDERS, shall be opened and read aloud for those present. 6. LATE BIDS - Any bids received after the scheduled time of opening will be clocked in and returned unopened to the bidder. 7. AWARD OR REJECTION - The City reserves the right to reject any or all proposals, and to determine which proposal, in its opinion, will best serve the needs and requirements of the City. Along with cost, other evaluation criteria will include but not be limited to: quality of materials and components, and reliability of systems, terms and conditions of warranties, availability of service, parts and part vendors, ease of maintenance, including the degree to which staff and local mechanics can perform minor and major repairs without special training and tools, and commonality with popularly available equipment, training offered to operators and mechanics, value, defined as degree to which the equipment requested meets or exceeds the requirements as cited in the specifications. 8. TERMS AND CONDITIONS - The bidder shall not change the wording in the attached specifications or conditions. No words or comments shall be added to the general conditions or detailed specifications. Any explanation or alternative offered shall be set forth in a letter attached to the front cover of the specifications. Alternatives which do not substantially comply with the City's specifications cannot be considered. Conditional bids cannot be accepted. 9. ALTERNATES - The make or brand and grade of the article on which the bid is submitted should be stated on the bid form. If alternates are bid, literature must be submitted with bid in order for alternate to be considered, and a notation should be made that exceptions to the specifications have been taken. All items on which bids are submitted must in all cases be equal or better in quality and utility to those specified by the City. Determination of the acceptability of any product offered shall be solely at the discretion of the City of Ukiah. 10. PAYMENT TERMS - Payments will be made 30 days after receipt of invoice. 11. FOB POINT - It is understood that the bidder agrees to deliver FOB Ukiah, with no freight charges to the City. All costs for packing, delivery, drayage, postage, freight, express, or for any other purpose are to be borne by the bidder. 12. BRAND NAMES - The use of the name of a manufacturer, or any special brand or make, in describing any item in the bid documents does not restrict bidders to that manufacturer or specific article. An equal of the named product will be given due consideration. Notwithstanding the foregoing, the City may impose additional restrictions in the Specifications section of these documents. 13. SAMPLES - When requested, bidders shall submit properly marked samples of the article(s) on which bid is made to the City. Any sample submitted must be clearly marked in such a manner that the marking is fixed, so that the identification of the sample is assured. Such marking shall state (1) name of bidder, (2) number of bid, and (3) item number. Samples, when required, must be furnished free of expense to the City, and if not destroyed by tests, will upon request be returned at bidder's expense. 14. INSPECTION - All items furnished shall be subject to the inspection of the City, and unsuitable items may be rejected. Defective items shall be made good by the vendor in a manner satisfactory to the City. 15. ASSIGNMENT - No assignment by the contractor of any contract to be entered into hereunder or of any part thereof, except of funds to be received thereunder by the contractor, will be recognized by the City unless such assignment has had the prior written approval of the City. 16. WARRANTY - Terms of any warranty offered by the manufacturer or the bidder shall be included with the bid. 17. TIMELY DELIVERY - Time is of the essence, and the purchase order is subject to termination for failure to deliver on time. The acceptance by buyer of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the vendor. 18. TERMINATION FOR DEFAULT - The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 19. TERMINATION FOR CONVENIENCE - The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 20. FISCAL YEAR - Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 21. GOVERNING LAW - This contract shall be construed and interpreted according to the laws of the State of California. Questions relating to the equipment specifications should be directed to Kurt Latipow, City of Ukiah's Fire Chief, at (707) 463-6263. SPECIFICATIONS I. General The high pressure breathing air system shall be mounted on a highway ready, dual axle trailer with a 10,000 Lbs. Gross Vehicle Weight (GVW) axle classification. The actual dry weight shall not exceed 7500 Lbs. The air system shall include the high pressure air compressor, electric motor, diesel engine driven GenSet, air purification system and air storage system with all of the necessary operating controls as specified below. All operating equipment, components and control devices shall be enclosed within a weather tight metal enclosure. The trailer mounted air unit shall be completely factory assembled and tested as a system. The external construction of the trailer mounted breathing air system enclosure shall be appliance-like; without visible welds, burrs and grinding marks. All structure fasteners shall be concealed and all access panels shall include concealed hinges and push button latches. The interior of the enclosure and the operating control Panel shall be illuminated. All operating control components and performance indicators shall be mounted on a large, illuminated panel centrally located on the curbside of the trailer. The control panel components and indicators shall be arranged by function for clarity and all indicators located to permit "at sight" operator monitoring. All high pressure air plumbing and fill components shall be rated for 6000 PSI working pressure. All high pressure air plumbing connections shall use compression fit design fittings. II. Compressor The ambient air intake and compression shall be accomplished by a four-stage, air-cooled reciprocating compressor with a capacity of 21 CFM charging rate and a working pressure of 6000 PSI. The design shall include a heavy duty crankcase supporting an iron crankshaft with ball bearings on both ends. The lubrication shall be accomplished by controlled splash of oil and pressure induced migration from the sump of the totally sealed crankcase. The crankcase shall be piped back to the inlet cylinder to maintain proper crankcase pressure and eliminate the emission oil contaminated air to the atmosphere. The cylinder arrangement shall be a balanced "V" configuration with double-acting, ringed pistons providing minimum vibration and assuring air delivery efficiency throughout the compressor pressure range while operating at a maximum speed of 1100 RPM. Each stage of compression shall be protected by a safety relief valve. The compressor cylinders must include cooling fins to dissipate heat into the cooling air flow generated by the flywheel fan. Individually mounted coolers shall be located after each stage to cool the compressed air. Accumulated condensation from cooling the compressed air shall be collected in moisture separators on the compressor and piped out through an automatic, timed drain system to a reservoir for periodic collection and proper disposal. Prior to shutdowns, the control system shall allow the compressor to run unloaded (with open drains) for a timed period (purge cycle) in order to purge all cylinders, separators and the crankcase of damaging condensation that develops as compressors cool down. III. Diesel Engine Driven GenSet and Electric Motor Drive System The compressor shall be v-belt driven at a minimum by a 15 HP electric motor wired for 3/60, 230v electric current and operate from externally supplied electric current or from the integral, diesel engine driven GenSet. In order to absorb and minimize the transfer of operating vibration, the engine driven GenSet and electric motor driven compressor assemblies shall be mounted on separate steel baseplates, each supported on the enclosure by zinc plated, steel encased, 400# neoprene isolators. IV. Diesel Engine Driven GenSet and Electric Motor Drive Control System The diesel engine driven GenSet electrical control shall be accomplished via a 12vdc electric system powered by two (2) rechargeable, no-maintenance batteries. Batteries shall charge via a shoreline and the Gen Set. The GenSet, in turn, shall generate the 3/60, 230vac electric current required to at a minimum power a 15 HP electric motor to drive the compressor. Alternatively, the control system shall include the capability to drive the electric motor from an external, 3/60, 230vac electric current and include a shore power cable for this purpose. The GenSet wiring to the electric motor shall be designed to require disconnection when an external power supply is preferred and vice-versa, providing a fail-safe isolation of power sources. Pin type coupling connectors shall be used to simplify the transfer of power sources. As a minimum, the operating control system shall include the following: Air pressure switch to automatically start and stop the compressor when the upper pressure set limit has been satisfied. · High compressed air temperature shutdown switch. The switch shall include a gauge and a sensor located in a thermowell after the compressor's fourth stage to measure temperature directly from the air stream. Cylinder surface sensors are not acceptable. · Compressor low oil level shutdown switch. · GenSet diesel engine high temperature shutdown switch. · GenSet diesel engine low oil level shutdown switch. · GenSet diesel engine electric start system. · Magnetic, across-the-line starter with electric motor overload protection and shore power cable. · AirMonitor including CO and H20 electronic detectors with pre-set warning and shutdown limits. Vo Diesel Engine Driven GenSet and Electric Motor Drive System Control Instrumentation The operating control system shall include all monitoring devices necessary to indicate normal system operation, fault conditions and shutdowns. These shall be mounted on the air control panel so as to permit "at sight" performance monitoring. As a minimum, the instrumentation required is as follows: · Compressor interstage and final stage pressure gauges. · Compressor final stage air temperature gauge. · Keyed GenSet engine on/off switch. · GenSet engine power "ON" light. · Electric motor illuminated power selector (on/off) switch. · Compressor normal high air pressure shutdown indicator light. · Purge Cycle indicator light. · High compressed air temperature shutdown indicator light. · Compressor low oil shutdown indicator light. · Enclosure door ajar shutdown indicator light. · Compressor general fault shutdown indicator light. · Hourmeter. · Emergency stop button. · GenSet hertz digital indicator. · GenSet engine high temperature shutdown digital indicator. · GenSet engine low oil shutdown digital indicator. · Digital AirMonitor ( CO and H20) panel with actual content display in PPM and prompter software keypad for CO monitor calibration. A flow panel with factory plumbed calibration gases shall be included. VI. Air Purification System The high pressure air purification system shall be a multi-chamber arrangement that utilizes disposable cartridges manufactured to provide breathing air that meets or exceeds NFPA and CGA Grade "E" specifications and all other equivalent and recognized standards in use worldwide. All system components shall be rated for 6000 PSI working pressure. All chambers in the system shall be constructed of 304 stainless steel to enhance safety and corrosion resistance. The purification system shall be sized to process 165,000 cubic feet of air at 80° F. and compressed to 6000 PSI between cartridge changes. The system shall include the following: · Final separator chamber connected to the automatic condensate drain system. · Check valve to prevent back pressure to the compressor. · One (2) 33" desiccant cartridge chamber. · One (1) 33" purifier cartridge chamber. · Pressure maintaining valve to assure that the system is maintained pressurized in order to attain the rated processing capacity of the air purification cartridge(s). · Safety relief valve. · Drain valve to relieve the system pressure for maintenance. · Stem-mounted gauge for system pressure verification. The system shall be designed so that filling cannot occur in the event that any of the disposable cartridges are not installed. Additionally, the purification system shall have "keyed" chambers so that the filter cartridges can only be installed in their proper sequence. VII. High Pressure Breathing Air Storage System The high pressure air storage system shall meet or exceed all current ASME/DOT code requirements and include the number of cylinders specified below. The air storage system shall include the interconnecting piping arrangement and be completely factory assembled and tested at maximum working pressure. The air storage system shall consist of four (4) ASME storage cylinders, each with a capacity of 525 C.F. of air when compressed to 6000 PSIG. The total system shall have a capacity of 2,100 C.F. Each cylinder shall include an integral drain, isolation valve and ASME relief valve. Additionally, the interconnecting piping shall be arranged for cascade control. VIII. SCBA/SCUBA Cylinder Containment Fill Station The mobile fill station shall have the capacity for filling four (4) SCBA/SCUBA cylinders simultaneously or separately. The enclosure shall be designed to contain the impact of suddenly expanded high pressure air and all displaced fragments in the unlikely event of a cylinder or fill component rupture. The containment design shall feature a loading door that is trapped inside the fill enclosure cabinet frame when closed. The enclosure shall include an automatic, safety interlock to prevent filling unless the loading door is completely in the closed position and a safety relief valve to protect operators in the event that the SCBA/SCUBA fill pressure exceeds 4750 PSIG. The external construction of the high pressure, breathing air fill station shall be appliance- like; using formed, fabricated steel structures and panels without visible welds, burrs or grinding marks. IX. SCBA Fill Enclosure and Access Door Control The fill station must allow the complete fill process to be accomplished from the front and include an access door control that enhances the enclosure containment design, is simple to operate and requires minimal physical operator effort, four (4) fill whips, each fitted with a cylinder fill adapter, shut-off valve and pressure bleed valve shall be located within the enclosure. The access door assembly shall include four (4) integral, steel cylinder sleeves to secure the SCBA/SCUBA cylinders while being filled. The assembly shall tilt forward until horizontal, positioning the cylinder sleeves at the optimal height for loading and unloading cylinders with minimal operator effort. The access door control shall include an air actuator handle designed to operate a pneumatic cylinder to open and close the access door. For opening, the handle shall lower the access door, releasing it from behind the cabinet frame and allowing the operator to pull the door forward to load and unload SCBA/SCUBA cylinders. For closing, the access door is rotated up to the vertical position and the handle shall then raise and trap it behind the cabinet frame. When fully raised, the door trips the safety interlock allowing air to flow to the fill station. The access door shall be supported on the enclosure frame with an adjustable bearing bushing on each side assuring a balanced, smooth rotation and effortless operation when opening and closing. A gas strut shall secure the assembly to the enclosure so that it does not require operator support when opening or closing and to cushion the access door landing when opened. X. SCBA/SCUBA Fill Station Control The SCBA/SCUBA cylinder fill control system shall include a regulated air control panel with all components, devices and piping arrangement necessary to direct supplied compressed high pressure breathing air to the SCBA/SCUBA cylinders being filled. A cascade control system shall be included for the number of banks specified below. The cascade control system shall permit filling or drawing down each air storage cylinder, independently of each other, while filling SCBA/SCUBA cylinders. An air storage by-pass valve shall be included to permit filling SCBA/SCUBA cylinders directly from the compressor. All air flow components and indicators must be labeled and mounted on a steel control panel located above the fill enclosure. The panel shall be painted in a matte shade with a textured finish to eliminate glare and enhance the visibility of gauges and indicators. The control panel shall be illuminated. The panel shall be designed so that it can slide forward, out of the compartment, and tipped down so that all piping and components are accessible for maintenance. As · · · · · · · · · a minimum, the air control panel must include the following: Inlet pressure gauge. SCBA/SCUBA cylinder(s) fill control valve. SCBA/SCUBA cylinder(s) fill pressure gauge. Panel lights on/off switch. Adjustable, 0-6000 PSI self-relieving regulator. Regulator outlet pressure gauge. Four (4) bank cascade control with "TO" and "FROM" valves and gauge per bank. Air storage by-pass valve. Air Reel fill valve and gauge. XI. Trailer and Enclosure The trailer shall be a dual axle design with a 10,000 Lbs. GVW highway classification. The trailer shall comply with all federal and state highway safety regulations and include electric brakes, running, rear and brake lights, safety chains, spare tire and a ball type hitch. A 30 gallon diesel fuel tank and compressor condensate reservoir shall also be included. Three (3) jack stands shall be provided for stability when stopped for filling operations. A retractable, 100' Air Reel with hose shall be positioned next to the SCBA/SCUBA fill control panel. All metal surfaces on the trailer mounted high pressure air system shall be protected with a scratch-resistant paint color to be specified by the department. Additionally the trailer shall be equipped with 4x500 Watt CommandLighffM or equivalent, that offers: All weather deployment that is not affected by ice build-up, high winds, or blowing dust. Full deployment in under 15 seconds via Umbilical remote controller with 15' cord. All electric design which requires no air or hydraulics. No scheduled maintenance. End of specification. 10 CITY of UKIAH 300 5cmintirv Axcmm Ukiah CA. 95482 Phone ?07-463-0217 REQUEST FOR BID ] NO FAX OR E-MAIL WILL BE ACCEPTED RETURN THIS FORM DATE: THIS IS NOT AN ORDER REQ. NO. Attachment 8/31/2005 E26171 TO: MALLORY FIRE Attn: Sales 3485 Airway Drive, Unit E Santa Rosa, CA 95407 BIDS WILL BE RECEIVED UNTIL 2 PM, September 12, 2005 AT THE OFFICE OFTHE CFI'Y CLERK 300 SEMINARY AVE C1TYofUKIAH BY: Marie Ulvila BIDS ARE REt)UESTED FOR THE FOLLOWING ITEMS; QUANTITY I each TERMS: Trailer Mounted High Pressure Breathing Air System as per attached City of Ukiah specifications (10 pages). ALL BIDS SHALL BE F.O.B. UKIAH, CA. DESCRIPTION_ UNIT PPdCE T.O IA,_' Price: $ ~2L ~ q6~' i ,-- ~ Tax: $ (~ , 3 c~'O, .'7~ :Total: $ F, £?, ~; ::,- I -'~ Please check one of the following: No exceptions to the specifications taken. --~xceptions taken and identified on attached si-met. Sealed bids must be received at the Office of the Ci~ Clerk no later than 2 p.m. on September 12, 2005, at which time bids will be opened. All bids must be signed. Opening date and time MUST be prominently displayed on submitting envelope. Late bids will not be considered. Faxed or e-mailed bids will not be accepted. Address to send to: City of Ukiah Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Any questions regarding the attached specifications can be directed to Kurt Latipow @ (707) 463-6263. NET 30 DEL. TO: FOB UKIAH TERMS: 1. 2. 3. LEAD TIME ARO: COMPANY N.~IE: PRINT NAME// .3 Right is reserved to reject any and all bids. Right is reserved to accept separate items unless specifically denied by bidder Right is reserved to reject a quote from any bidder who has previously failed to perform adequalely for the City of Ukiah. 4. In CASE OF DEFAULT, the City of Ukiah may procure the ~tems quoted on from other sources and hold the original bidder liable for any increased costs. I 5 The price, terms, delivery point, and delivery date may individually or collectively be lhe basis of the awarding of the bid. 6. ALL BIDS MUST BE SIGNED OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceplance of any or all bids by the City of Ukiah, within 30 days constitutes a contract 44340 Osgood Road Fremont, Ca. 94539 Specifications for system quoted: Eagle Air AirQuest SMT Trailer mounted breat.~ing air .... Model #AQ15G-GS Including the following: · 4xASME air storage system w/cascade piping · 4 bank cascade control · 100' Air Reel with hose · 4 x500 Watt Command light system · Start up and training by a factory technician Maximum three 8 hour day on site in Ukiah, Ca. -" Registration and title for Califomia exempt license plates to-the California Dep~,_-tm_ep_t o£Motor Vehicles on behalf of the City · Mendoc~no County Air Quality registration 2006 Mandated by State of California. (New legislation) AirQuest SMT AQI 5G Specificalions Page Eagle Compressors, Inc. AirQuest SMTTM Trailer Specifications AQI5G I. General Arrang~n ent The high pressure breathing air system shall be mounted on a highway ready, dual axle trailer with a 10,000 Lbs. Gross Vehicle Weight (GVW) axle classification. The actual dry weight shall not exceed 7500 Lbs. The air system shall include the high pressure air compressor, electric motor, diesel engine driven GenSet, air purification system and air storage system with all of the necessary operating controls as specified below. All operating equipment, components and control devices shall be enclosed within a weather tight metal enclosure. The enclosure shall have swing out doors on each side of the enclosure for access to the compressor and drive assembly and operating control panel. A swing-up rear door shall provide access to all operating controls. The trailer mounted air unit shall be completely factory assembled and tested as a system. The external construction of the trailer mounted breathing air system enclosure shall be appliance-like; using formed aluminum structures and panels without visible welds, burrs and grinding marks. All structure fasteners shall be concealed and all access panels shall include concealed hinges and push button latches. The interior of the enclosure and the operating control panel shall be illuminated. Ali operating control components and performance indicators shall be mounted on a large, illuminated panel. The control panel components and indicators shall be arranged by function for clarity and all indicators located to permit "at sight" operator monitoring. All high pressure air plumbing and fill components shall be rated for 6000 PSI working pressure. All high pressure air plumbing connections shall use compression fit design fittings. H. Compressor The ambient air intake and compression shall be accomplished by a four-stage, air-cooled reciprocating compressor with a capacity of 21 CFM charging rate and a working pressure of 6000 PSI. The design shall include a heavy duty crankcase supporting an iron crankshaft with ball bearings on both ends. The lubrication shall be accomplished by controlled splash of oil and pressure induced migration from the sump of the totally sealed crankcase. The crankcase shall be piped back to the inlet cylinder to maintain proper crankcase pressure and eliminate the emission oil contaminated air to the atmosphere. The cylinder arrangement shall be a balanced "V" configuration with double-acting, ringed pistons file ://D :\html\SpecsLA Q 15 G Speci fications.html 9/8/2005 A~rh)uest SM'I' AQ15G Specifications Page 2 of 9 providing minimum vibration and assuring air delivery efficiency throughout the compressor pressure range while operating at a maximum speed of 1100 RPM. Each stage of compression shall be protected by a safety relief valve. The compressor cylinders must include cooling fins to dissipate heat into the cooling air flow generated by the flywheel fan. Individually mounted coolers shall be located after each stage to cool the compressed air. Accumulated condensation from cooling the compressed air shall be collected in moisture separators on the compressor and piped out through an automatic, timed drain system to a reservoir for periodic collection and proper disposal. Prior to shutdowns, the control system shall allow the compressor to nm unloaded (with open drains) for a timed period (purge cycle) in order lo purge all cylinders, separators and the crankcase of damaging condensation that develops as compressors cool down. HI. Di es el En gin e The compressor shall be v-belt driven by a watercooled, 23 HP diesel engine. The naturally aspirated engine shall be wired for electric start. The compressor and engine shall be mounted on a common baseplate designed to facilitate belt adjustment. The baseplate shall be supported on the enclosure by zinc plated, steel encased, 400//neoprene isolators to absorb vibration. IV. Diesel Engine Driven Control System The compressor electrical control shall be accomplished via a 12vdc electric system powered by a rechargeable, no-maintenance battery. As a minimum, the control system shall include the following: Air pressure switch to automatically shutdown the compressor when the upper pressure set limit has been satisfied. High compressed air temperature shutdown switch. The switch shall include a gauge and a sensor located in a thermowell after the compressor's fourth stage to measure temperature directly from the air stream. Cylinder surface sensors are not acceptable. Compressor Iow oil level shutdown switch. Engine low oil level shutdown switch. Engine high temperature shutdown switch. Electric engine start system. Low air storage pressure "restart engine" warning light. AirMonitor including CO and H20 electronic detectors with pre-set warning and shutdown limits. V. Diesd Engine Driven Control Instrumentation The operating control system shall include all monitoring devices necessary to indicate normal system operation, fault conditions and shutdowns. These shall be mounted on the breathing air compressor enclosure so as to permit "at sight" performance monitoring. file ://DShtml\SpecsL~Q 15G Specifications.html 9/8/2005 /~rt4ucst ~v~ ~ ~tgi oto bpec~ncat~ons [>age 3 of 9 As a minimum, the instrumentation required is as follows: Keyed engine on/off switch. Power "ON" light. Compressor interstage and final stage pressure gauges. Compressor final stage temperature gauge. Compressor normal high air pressure shutdown indicator light. High compressed air temperature shutdown indicator light. Compressor general fault shutdown indicator light. Compressor low oil shutdown light. Purge cycle indicator light. Hourmeter. Enclosure doors warning light. Instrument panel light switch Emergency stop button. Engine high temperature shutdown indicator light. Engine low oil shutdown indicator light. Inlet filter restriction indicator (located on compressor ambient air intake). Digital AirMonitor ( CO and H20) panel with actual content display in PPM and prompter software keypad for CO monitor calibration. A flow panel with factory plumbed calibration gases shall be included. YI. ~ Purification System The high pressure air purification system shall be a multi-chamber arrangement that utilizes disposable cartridges manufactured to provide breathing air that meets or exceeds NFPA and CGA Grade "E" specifications and all other equivalent and recognized standards in use worldwide. All system components shall be rated for 6000 PSI working pressure. All chambers in the system shall be constructed of 304 stainless steel to enhance safety and corrosion resistance. The purification system shall be sized to process 165,000 cubic feet of air at 80° F. and compressed to 6000 PS1 between cartridge changes. The system shall include the following: Final separator chamber connected to the automatic condensate drain system. Check valve to prevent back pressure to the compressor. Two (2) 33" desiccant cartridge chamber. One (1) 33" purifier cartridge chamber. Pressure maintaining valve to assure that the system is maintained pressurized in order to attain the rated processing capacity of the air purification cartridge (s). Safety relief valve. gfl~.'/D :\html\SpecsLAQ 15G Specifications.html 9/8/2005 ~,,,,e. uc~t o,v~ ~ ~',4~ -~'-J *pcclJ~cauons Page 4 o£ 9 Drain valve to relieve the system pressure for maintenance. Stem-mounted gauge for system pressure verification. The system shall be designed so that filling cannot occur in the event that any of the disposable cartridge is not installed. VII. High Pressure Breathing Air Storage System The high pressure air storage system shall meet or exceed all current DOT code requirements and include the number of cylinders specified below. The air storage system shall include the interconnecting piping arrangement selected and be completely factory assembled and tested at maximum working pressure. The air storage system shall consist of: Two (2) DOT 6000 PSI cylinders each with a capacity of 509 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for bulk fillingl Two (2) DOT 6000 PSI cylinders each with a capacity of 509 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for cascade filling. Three (3) DOT 6000 PSI cylinders each with a capacity of 509 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for bulk filling. Three (3) DOT 6000 PSI cylinders each with a capacity of 509 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for cascade filling. Four (4) DOT 6000 PSI cylinders each with a capacity of 509 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for bulk filling. Four (4) DOT 6000 PSI cylinders each with a capacity of 509 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for cascade filling. Two (2) ASME 6000 PS1 cylinders each with a capacity of 525 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for bulk filling. Two (2) ASME 6000 PSI cylinders each with a capacity of 525 cubic feet of air at 6000 PSI. The piping of mr storage shall be arranged for cascade filling. Three (3) ASME 6000 PSI cylinders each with a capacity of 525 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for bulk filling. Three (3) ASME 6000 PSI cylinders each with a capacity of 525 cubic feet of air at 6000 PS1. The piping of air storage shall be arranged for cascade filling. Four (4) ASME 6000 PSI cylinders each with a capacity of 525 cubic feet of air at 6000 PSI. The piping of att storage shall be arranged for bulk filling. Four (4) ASME 6000 PSI cylinders each with a capacity of 525 cubic feet of air at 6000 PSI. The piping of air storage shall be arranged for cascade filling. VIII. SCIIA~CUBA Cylinder Containment Fill Station The mobile fill station shall have the capacity for filling two (2) SCBA/SCUBA cylinders simultaneously or separately. The enclosure shall be designed to contain the impact of suddenly expanded high pressure air and all displaced fragments in the unlikely event of a cylinder or fill component rupture. The containment design shall feature a loading door that is trapped inside the fill enclosure cabinet frame when closed. The enclosure shall include an automatic, safety interlock to prevent filling unless the loading door is completely in the file ://D:hhtml\SpecsLA Q 15 G Specifications.html 9/8/2005 ~ir~ucst m.~vl I ~tdi >4 ~pec~Itcat~ons Page 5 of 9 closed position and a safety relief valve to protect operators in the event that the SCBA/SCUBA fill pressure exceeds 4750 PSIG. The external construction of the high pressure, breathing air fill station shall be appliance- like; using formed, fabricated steel structures and panels without visible welds, burrs or grinding marks. IX. SCBA Fill Enclosure and Access Door Control The fill station must allow the complete fill process to be accomplished from the front and include an access door control that enhances the enclosure containment design, is simple to operate and requires minimal physical operator effort. Two (2) fill whips, each fitted with a cylinder fill adapter, shut-off valve and pressure bleed valve shall be located within the enclosure. The access door assembly shall include two (2) integral, steel cylinder sleeves to secure the SCBA/SCUBA cylinders while being filled. The assembly shall tilt forward until horizontal, positioning the cylinder sleeves at the optimal height for loading and unloading cylinders with minimal operator effort. The access door control shall include an air actuator handle designed to operate a pneumatic cylinder to open and close the access door. For opening, the handle shall lower the access door, releasing it from behind the cabinet frame and allowing the operator to pull the door forward to load and unload SCBAJSCUBA cylinders. For closing, the access door is rotated up to the vertical position and the handle shall then raise and trap it behind the cabinet frame. When fully raised, the door trips the safety interlock allowing air to flow to the fill station. The access door shall be supported on the enclosure frame with an adjustable beating bushing on each side assuring a balanced, smooth rotation and effortless operation when opening and closing. A gas strut shall secure the assembly to the enclosure so that it does not require operator support when opening or closing and to cushion the access door landing when opened. X. SCIkA/SCIYBA C'ylind~ Ii'ill Controls The SCBA/SCUBA cylinder fill control system shall include a regulated air control panel with all components, devices and piping arrangement necessary to direct supplied compressed high pressure breathing air to the SCBA/SCUBA cylinders being filled. A cascade control system shall be included for the number of banks specified below. The cascade control ~, stem shall permit filling or drawing down each air storage cylinder, independently of each other, while filling SCBA/SCUBA cylinders. An air storage by-pass valve shall be included to permit filling SCBA/SCUBA cylinders_from the compressor. (C) The control system shall include a dual regulator package for safely filling SCBA/SCUBA cylinders with two (2) different pre-set pressures. The package shall include installation of the standard and an additional regulator behind the panel at pre-set pressures. A selector butlon located at the control panel shall be required to select airflow from the regulator with the highest pre-set pressure. A pneumatic actuator valve shall return the airflow to the low pressure regulator after every high pressure fill cycle. file ://D :~html\SpecsLa~Q 15 G Specifications.html 9/8/2005 (D) ,,tn additional "dedicated fill circuit" shall be included to safelyfill SCBA/SCUB.4 cylinders at a different pressure than lhal flowing from the main control panel regulalor(s). The "dedicaled fill circuit" shall include an adjustable, pre-set regulator installed behind the control panelplumbed directly to a dedicaled fill whip and adapter localed in the fill enclosure and a separate panel mounted flow valve and gauge. (E) The fill control system shall include an integral retractable air reel with 50' of hose and CGA fitting for filling remote air storage systems. (F) The fill control system shall include an integral retractable air reel with 100' of hose and CGA fittingfor filling remote air storage systems. (G) All air flow components and indicators must be labeled and mounted on a steel control panel on the front of the unit and located above the fill enclosure. The panel shall be painted in a matte shade with a textured £mish to eliminate glare and enhance the visibility of gauges and indicators. The panel shall be illuminated. The panel shall be designed so that it can slide forward, out of the compartment, and tipped down so that all piping and components are accessible for maintenance. As a minimum, the air control panel must include the following: Inlet pressure gauge. : Adjustable, 0-6000 PSI self-relieving regulator. Regulator outlet pressure gauge. Air storage by-pass valve SCBA/SCUBA cylinder(s) fill control valve. SCBA/SCUBA cylinder(s) fill pressure gauge. Panel lights on/off switch. Two (2) bank cascade control with "To" and "FROM" valves and gauge per bank (C) Three (3) bank cascade control with "To" and "FROM" valves and gauge per bank (C) · Four (4) bank cascade control with "To" and "FROM" valves andgaugeper ban£ (C) Dual regulator high pressure selector button. (D) "Dedicated fill circuit"flow valve and gauge. (E) ~' Air reel fill valve and gauge. (F,G) XI. Tr~dl~r and Enclosure The trailer shall be a dual axle design with a 10,000 Lbs. GVW highway classification. The trailer shall comply with all federal and state highway safety regulations and include electric brakes, nmning, rear and brake lights, safety chains, spare tire and a ball type hitch. A 20 gallon fuel tank and a compressor condensate reservoir shall also be included. Three (3) jack stands shall be provided for stability when stopped for filling operations. The enclosure housing for all the high pressure air system components shall be a formed file://D:\html\SpecsLAQ 15G Specifications.html 9/8/2005 A~rt2uest ~M ~ ALii 3Li ~specltmations Page aluminum, weather protected assembly and include main access and utility, swing out doors on each side and one (1) swing-up operator control access door at the rear. All metal surfaces on the trailer mounted high pressure air system shall be protected with a scratch- resistant, powder coat red finish. file ://D :\html\SpecsLAQ 15G Speci ficati ons.html 9/8/2005 44~40 Osgood Road Fremont, Ca. 94539 Exception To Bid: E-26171 The only exception to the specifications provided is that our fill station fills Two SCBA or SCUBA cylinders simultaneously or separately and not four as stated in the specifications. Tyco/Scott manufactures a "Revolve-air" fill station that HOLDS four cylinders but only fills two cylinders at a time. The EagleAir Mobile SafeStat,_;onx2 fi}! station included in our trailers is much simpler and requires much less work. 44340 Osgood Road Fremont, Ca. 94539 Reference Contact Information California City of Monterey Fire Dept. City Hall Monterey, Ca. 93940 1-831-646-3900 Phone 1-831-646-3723 Fax Fire Chief Gregory Glass WA_RRA/ TY Th ~ Company warrants to the orig;tnal purchaser that thc equipmen! manufactured by it and dehvercr. he~ sunder will be free of defects m material and wc ..4cmanship. " Manufactured products are wan-anted for m, elvc (12) months from the date of shipment. · Compressor blocks that are supplied as ~t[t THE integral pa¢, of a CompressoUPurifier ,~' Cylinder Refill System, are warranted for ;tn KEN] additional (1) year pans only from the date .)f iMPI shipment. ALL · Parts are warranted for six (6) months from thc MEII date of shipment. PAR' DIS( Sh ;uld any hilum to conform to this Warraney retoned to the Company within said period, Co npany shall, upon Pumhaser promptly notifying Cone whetl the Company in writing thereof, correct such perio no: ~conformity, by suitable repair to such equipment fulfill or, at its option, by furnishing a replacement part no,ac, F,( kB. point of destination, provided the Purchas~ warn ha: installed, maintained and operated such eq, dpment in accordance w~th good mdustq, pn etices and has complied with spe¢itic re; 0mmendations of the Company. Accessories, col aperients, or equipment furnished by the Co.:npany, but manufactured by others, shall carq, wk atever warranty the manufacturers have conveyed to :he Company and which can be passed on to the Pu 'chaser. The effects of corrosion, erosion, normal we ~ and tear, and maintenance items such lubric ~ntts and filters are specifically excluded from thc C ~[3pany's Warrant5,. Th,: Company shall not be liable lar any repairs, replac~:ments, or adjustments to the ¢,quipment or any cost of labor performed by the P n chaser without thc C(,mpany's prior writtcn apprc v: fl_ COI~,tPANY MA~./ES NO OTHER 1: ANIY OR REPRESI~NTATION OF A_NY ~ WHATSOEVER, EXPRESSED OR lED, EXCEPT Il-IAI OF TITLE AND IMPLIED WARRANTIES OF C HANTABILITY A_ND FITNESS FOR A Fi CULAR .PURPOSI:~ ARE HEREBY 1 AIMED. c~ion by the Compans, of nonconformities :er patent or latent, in t ~e rammer and for the I of time provided a>ove, shall constimle rrent of all liabilities of the Company for such ,n fomtites, whether based on contract, wy, negligence, inderrmty, strict liability or other v se with respect to or arising out of such equil: ct. ent. The ]'~rchaser shall not open,re equipment which is consi it red to be defective, wi about first notifying the Coral,ay in writing of its intention to do so_ Any such l,, e of equipmem will be at the Purchaser's sole risk a a, 1 liability. Limitation o£ Li gbility The ~¢s of the Purchaser set forth herein are exclusive, and ~ this contract or the equipment and services furnisl:~xt hem md~, there, of or 'from the manufacture, ~tle, delivery, installation, repair under this contract, whether hazed on contract, wanamy, negligence. exceed the purchase price of the unit ofequipment trpon which such The Company and its suppliers ~all m no cvent be liable to th. beneficiary or assignee of this contract fox any c0n~quential, in total liability of the Company with respect to conneCtion with the performance or breach o' technical direction cov,:a:ed by or ftmfiahed ~damnity, strict liability c r other,vise shall not bility is based. , ?urchaser, any succeasols in intet~t or any :i~lentat, mclkect, special ,~r punitive damages arising out of this contract ch: any broach thereof, or any defect in, or failure of, or malftmcfian of the equipment hereunder, whc-tbcr based upon, but not limited to, loss of u~,~, lost ~ofits or revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss by r.:;tson of shutdo ~,~s or non-operation, iron-eased expenses of operation, cost of purchase of replacement powm ,x claims of P~ n baser or custom~s of Furchaser for service interruption whether or not such loss or damage is based on contract x~arramy, neglig~ce, indemnity, strict liability or otherwise. 3003 Thurston Avenue Cn'ecnsboro, NC 27406 Phone (336) 398-8000 Fax (336) 398-8001 CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) Attachment BID OPENING FOR' 1 EACH TRAILER MOUNTED HIGH PRESSURE BREATHING AIR SYSTEM SPECIFICATION NO. E-26171 DATE: SEPTEMBER 12, 2005 TIME: 2:00 p.m. COMPANY AMOUNT ALLSTAR FIRE EQUIPMENT, INC. 2552 BARRINGTON COURT HAYVVARD, CA 94545 BAUER COMPRESSORS 2464 TRIFALDI WAY HAYVVARD, CA 94545 L.N. CURTIS & SONS 1800 PRALTA STREET OAKLAND, CA 94607-1603 CAL SAFETY & SUPPLY 44340 OSGOOD ROAD FREMONT, CA 94539-6404 Marie Ulvila, City Clerk Bids: Fire Dept breathing system AGENDA SUMMARY REPORT ITEM NO.: ~¢L., DATE: September 21, 2005 SUBJECT: CONTINUANCE OF MINOR SUBDIVISION MAP-SUBDIVISION REQUIREMENT EXCEPTION NO. 05-19 SUMMARY: The City Planning Department, with the concurrence of the applicants, is requesting that this item be continued to the City Council meeting scheduled for October 5, 2005, to allow the applicant and staff sufficient time to process a variance from Ukiah Municipal Code standards for access driveway width. This variance application would allow the same relief in access driveway width as the subdivision requirement exception above, but the exception request only addresses deviations from the requirements of the Subdivision Ordinance. Therefore, the variance is required to ensure that all required findings apply to the applicant's request to reduce the width of the access driveway in question. Staff has mailed a courtesy notice to all persons who have expressed interest in the project and to all of the property owners of all properties within 300 feet of the subject property to inform them of this action. RECOMMENDED ACTION: 1. Continue the item to the October 5, 2005 meeting of the City Council. ALTERNATIVE COUNCIL POLICY OPTION: 1. N/A Citizen Advised: Courtesy Notice to Neighboring Property Owners Requested by: N/A Prepared by: Dave Lohse, Associate Planner Coordinated with: Candace Horsley, City Manager and Diana Steele, City Engineer Attachments: APPROVED: Candace Horsley, ~y Manager ITEM NO. DATE: September 21, 2005 AGENDA SUMMARY REPQRT SUB3ECT: CON'I'~NUED DZSCUSSZON AND DZRECTZON REGARDZNG APPLZCATZON OF LAFCO POLzCY TO ANNEXATZON OF PROPERTY ZN BRUSH STREET TRZANGLE SUMMARY: The City Council began a discussion of this item at its regular meeting on September 7, 2005. It continued the item so that Frank McMichael, the LAFCO Executive Director, could be present and to give staff an opportunity to meet with Mr. McMichael to get some clarification of the issues. The staff met with Mr. McMichael on September 14, 2005. The following will report on the September 14 meeting and attempt to clarify the issues. As the Council will recall, Frank has sought from the LAFCO Board of Commissioners an interpretation of an existing LAFCO policy as applied to the proposed annexation into the City of 39 acres located within the Brush Street Triangle. A map attached as Attachment 1 shows the location of the 39 acres, the Brush Street Triangle, and the existing City boundaries. The LAFCO policy at issue requires some sort of "approved development plan" for undeveloped land before the Executive Director can accept an application to annex that land into a district or city, if that land can be subdivided. Approximately 29 of the 39 acres is undeveloped and can be subdivided. Frank's position is that an approved Continued on Page 2 RECOMMENDED ACI'ZON: Instruct city staff as to the City's position regarding the application of LAFCO policy ZV.A.9 to annexations of property into the City of Ukiah, when the LAFCO Board of Commissioners considers that issue. ALTERNATZVE COUNC]:L POLZCY OP'I/ONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Candace Horsley, City Manager David .1. Rapport, City Attorney Charley Stump, Planning Director Map APPROVED: Candace Horsley, Ci~Manager LAFCO POLICY September 15, 2005 Page 2 of 3 development plan is required before he can accept an application to annex the property into the City. He has alerted the Board of Commissioners to a possible conflict between the LAFCO policy and a state statute1 governing the authority of LAFCO. Although he has not received a legal opinion on this issue from County Counsel, Frank has stated his opinion that the policy does not exceed LAFCO's authority under the statute. That potential conflict, however, has motivated him to ask the Board of Commissioners whether and how they want to apply the policy to this likely annexation. Staff brought this matter to the City Council for instructions on the position the City should take when this issue comes before the LAFCO Board of Commissioners. In meeting with staff Frank made clear that in this case, as he interprets the LAFCO policy, the City rather than the County would have to approve the required development plan. He acknowledged that the mechanism for providing this approval would have to be developed in an agreement between the City and the property owners, since the City would not have approval authority over development on that property, until it was annexed into the City. At the September 7, 2005, City Council meeting most of the public comments concerned the development of the entire Brush Street Triangle. Most of the speakers condemned piecemeal planning for portions of the Brush Street Triangle. They want a comprehensive plan that spells out how the entire Brush Street Triangle will develop. Some advocated including additional areas in that plan, including the Lovers' Lane and Masonite property. The LAFCO policy does not require comprehensive planning for the Brush Street Triangle or any other area. It only requires an approved development plan for property before LAFCO will accept an application to annex that property into the City. Under the LAFCO policy, piecemeal development is permitted. As long as the City has approved a development plan for the 39 acres owned by Cox and Mayfield, it can annex into the City with no development plan in place for the remaining 50 plus acres in the Brush Street Triangle. Currently, the County does not require comprehensive planning for property in the Brush Street Triangle. Those who want comprehensive planning for that area will have to convince the Board of Supervisors to require it. Otherwise, a property owner who does not want to incur the expense of that planning effort or give up the flexibility to develop his property to respond to the market as it changes over time can simply stay in the County. If the County and the City both required comprehensive planning, then a property owner would look at the advantages and disadvantages of annexation differently. The City discussed several options with Mr. McMichael to satisfy the LAFCO policy. 1. The City Planning Director has received information from the property owners about the likely development of the property. The Planning Director could further refine that information through additional meetings with the property owners and seek some tentative approval of that plan from the City Council. Government Code Section 56375 LAFCO POLICY September 15, 2005 Page 3 of 3 2. The statute cited by Frank requires a city to pre-zone property proposed for annexation. It, then, requires LAFCO to review a proposed annexation based on the adopted plans and policies of the city, if the development plans are not made known by the applicant. Currently, the City proposes to pre-zone this property C-1, which would allow commercial, mixed use and residential uses. The City could pre-zone the Cox- Mayfield property or the entire Brush Street Triangle as a Planned Development or PD Zoning District.2 In a PD Zoning District, the property owner can propose a specific or concept development plan for his property.° A specific development plan contains a general land use plan showing proposed uses to be developed on the site, and a general facility plan showing the approximate location of existing and proposed streets, pedestrian-ways, and circulation features; proposed public utility services and facilities; and proposed public or community facilities and uses. A concept plan contains description of the architectural and environmental design qualities to be attained, a general description of proposed land use regulations, site development regulations, and performance standards sufficient to govern subsequent development, including, but not limited to, allowable, covenants, conditions and restrictions which will apply to development on the property, mechanisms for maintaining and operating common facilities, a general phasing plan and schedule, indicating the anticipated time for beginning of construction and completion of each phase of development. 3. Staff discussed with Frank the practical advantages of evaluating the public service requirements for the property and the environmental impacts of its annexation into the City based on a '~vorse case scenario," given a zoning classification of C-1 and the property owners' description of the probable development of the property. This would allow LAFCO to make the findings required by law and to evaluate the impacts of approving the annexation, but would reserve formal land use approvals until the property is annexed into the City and the City actually exercises land use authority over the property. The City could attempt to persuade the Board of Commissioners that the LAFCO policy says that "generally" an approved development plan is required. The use of the qualifier "generally" provides some flexibility to apply the policy in a practical way that does not frustrate the purposes of LAFCO. The annexation of property within the Brush Street Triangle into the City is strongly supported by the Legislative Findings in the District Reorganization Act.4 The Act encourages the annexation into cities of areas requiring urban services, especially when, as in the case of the Brush Street Triangle, the city is the logical source of those services given its proximity and resources. To the extent that an inflexible application of the LAFCO policy might impede the annexation of this area into the City, it would frustrate these important policies which LAFCO is legally obligated to promote. 2 Ukiah City Code ("UCC") §§ 9165-9169. 3 See UCC §9167. 4 See Government Code §56001. LAFCO powers and duties To review and approve, conditionally approve, modify or disapprove proposals; to initiate reorganization Initiate certain proceedings Disapproval limitation Condition regulating land use prohibited CHAPTER 3. POWERS 56375. The commission shall have all of the following powers and duties subject to any limitations upon its juri§diction set forth in this part: (a) To review and approve or disapprove with or without amendment, wholly, partially, or conditionally, proposals for changes of organization or reorganization, consistent with written policies, procedures, and guidelines adopted by the commission. The commission may initiate proposals for (1) consolidation of districts, as defined in Section 56036, (2) dissolution, (3) merger, or (4) establishment of a s. Ubsidiary district, or a reorganization that includes any of these changes of organization. A commission shall have the authority to initiate only a (1) consolidation of'districts, (2) dissolution, (3) merger, (4) establishment of a subsidiary district, or (5) a reorganization that includes any of these changes of organization, if that change of organization or reorganization is consistent with a recommendation or conclusion of a study prepared pursuant to Section 56378, 56425, or 56430 and the commission makes the determinations specified in subdivision (b) of Section 56881. However, a commission shall not have the power to disapprove an annexation to a city, initiated by resolution, of contiguous territory that the commission finds is any of the following: (1)Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary' or the Pacific Ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city. (2) Located within an urban service area that has been delineated and adopted by a commission, which is not prime agricultural land, as defined by Section 56064, and is designated for urban growth by the general.plan of the annexing city. (3) An annexation or reorganization of unincorporated islands meeting the requirements of Section 56375.3. As a condition to the annexation of an area that is surrounded, or substantially surrounded, by the city to which the annexation is proposed, the commission may require, where consistent with the purposes of this division, that the annexation include the entire island of surrounded, or substantially surrounded, territory. A commission shall not impose any conditions that woUld directly regulate land use density or intensity, property development, or subdivision requirements. When the development purposes are not made known to the annexing - 43 - CHAPTER 4. SPHERES OF INFLUENCE Purpose and policies City-county meeting and agreement Time period and extension Commission to give great weight to agreement Agreement adopted; consistency Review without agreement 56425. (a) In order to.carry out its purposes and responsibilities for planning and s.haping the logical and orderly development and coordination of local governmental agencies so as to advantageously provide for the present and future needs of the county and its communities, the commission shall develop and determine the sphere of influence of each local governmental agency within the county and enact policies designed to promote the logical and orderly development of areas within the sphere. (b) At least 30 days prior to submitting an application to .the commission for a determination of a new sphere of influence, or to update an existing sphere of influence for a city, representatives from the city shall meet with county representatives to discuss the proposed sphere, and its boundaries, and explore methods to reach agreement on the boundaries, development standards, and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere. If no agreement is reached between the city and county within 30 days, then the parties may, by mutual agreement, extend discussions for an additional period of 30 days. ~agreement~i~ reach~ between',' the city and county regarding the boundaries, development standards, and zoning, requirements within the proposed sphere, the agreement shall be forwarded to the commission, and the commission shall consider and adopt a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section, and the commission shall give great weight to the agreement in the commission's final determination of the city sphere. (c) If the commission's final determination is consistent with the agreement reached between the city and county pursuant to subdivision (b), the agreement shall be adopted by both the city and county after a noticed public hearing. Once the agreement has been adopted by the affected local agencies and their respective general plans reflect that agreement, then any development approved by the county within the sphere shall be consistent with the terms of that agreement. (d) If no agreement is reached pursuant to subdivision (b), the application may be submitted to the commission and the commission shall consider a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section. (e) In determining the sphere of influence of each local agency, the commission shall consider and prepare a written ~ 57 - ITEM NO. 9b DATE: September 21,2005 AGENDA SUMMARY REPORT SUBJECT: INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON FORMULA BUSINESSES WITHIN THE DOWNTOWN BUSINESS DISTRICT AND ON PERKINS AND GOBBI STREETS This item is being continued until answers to City Councilmembers' concerns are received from the Fair Political Practices Commission (FPPC). RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A City Attorney Rapport Marie Ulvila, City Clerk ~ City Manager Horsley and City Attorney Rapport Candace Horsier/, City Mana~r ASR:Formula Business AGENDA ITEM NO: ,,/~::~:~. MEETING DATE: September 21, ,9.005 SUMMARY REPORT SUBJECT: DISCUSSION OF POSSIBLE LICENSURE OF TOBACCO RETAILERS IN THE CITY LIMITS The City was approached by a concerned group of citizens involved with the American Cancer Society (ACS) regarding a process for licensure of tobacco retailers within the City limits. The group is interested in dissuading tobacco use by minors and is recommending this process as an enforcement mechanism against retailers who are selling tobacco to minors. The City of Willits adopted an Ordinance enacting this process two years ago and, the County of Mendocino adopted their Ordinance eight months ago. In speaking with the City Manager of Willits, the procedure has worked well for them. The grievance committee process has been a little more onerous then they first projected, and feel they will need to make changes to the make up of the committee to be more appropriate for the circumstances. The ACS has provided packets of information for the Council that includes a draft ordinance, associated duties and an updated survey of local youth buying history. The various duties required of the City and staff under the proposed ordinance include issuance of a license on an annual basis to all retailers that sell tobacco within the City limits and that have filled out the City application for same, enforcement follow through if a violation occurs which includes suspensions of the license issued by the City, monitoring that the suspension is followed and possible fines if sales continue and RECOMMENDED ACTION: licensing. Discuss and provide direction regarding tobacco ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: American Cancer Society Candace Horsley, City Manager Mike McCann, Finance Director 1. Packet of information from the ACS 2. Letters of support Ap p roved :r'-~../'~,:~('~ Candace Horsley, Cit~Manager handling appeals upon request of retailers that have received notification of violations. The Mendocino County Public Health Department would, upon approval of a written agreement with the City, conduct compliance checks of each tobacco retailer at least two times a year and report it's findings to the City. The City Manager has met with the Directors of the Finance and Police Departments to discuss this procedure. The Police Department will have very little involvement in the enforcement procedure, as Public Health, through a written agreement, would provide the compliance checks of each retailer located in the City twice a year. The City Manager and Finance offices would have the bulk of the responsibilities and duties. The actual licensing would be performed by the current employee that issues business licenses within the City limits. However, keeping track of the number of violations per retailer, the associated suspension timelines, when to renew the license and provide documentation of such including follow through on whether the retailer has actually stopped selling tobacco for the specified period is going to be a major time constraint for staff. Staff would attempt to handle most of these responsibilities by incorporating them into current staffing processes consistent with the City's business license and Finance Department procedures. However, the responsibility of checking on the retailer for compliance during a suspension period has not been identified to a particular department at this time. If the Council would like to investigate this process further, staff will review and revise the ordinance and forms to meet the City's requirements and prepare an estimate of the additional staff time required under the ordinance for Council's review and provide any other information the Council determines is necessary to analyze this action. Proposed Tobacco Licensing Ordinance .,. ,'Required Licensure of Tobacco Retailers" 'Tab # Description I Synopsis of Proposed Ordinance 2 Proposed Ordinance 3 Tobacco License Application 4 Proposed Memorandum of Understanding Between Public Health and City of Ukiah 5 Local Youth Buying History and Tobacco Statistics - Proposed Ordinance "Required Licensure of Tobacco Retailers" (the "Ordinance") Goal of the Ordinance: To dissuade tobacco retailers within the Ukiah city limits from selling tobacco products to minors and creating an enforcement mechanism against those retailers that are selling and continue to sell to our youth. Licensure: The Ordinance would require tobacco retailers to obtain a license annually. (Article 2(a) and (b)) Such license will be required to be displayed at place of business. (Article 5) Amount of Annual Licensure: The annual license fee to be paid by each tobacco retailer would be set by the City Council. (Article 6) In Willits, the Willits City Council set the fee at $15 per year and the Mendocino County Board of Supervisors set the fee at $25 per year for tobacco retailers in the unincorporated areas. License Applications: Upon enactment of the Ordinance the Mendocino County Public Health Department ("Public Health") will send out an educational packet to each retailer including notification with regard to the Ordinance. Public Health would also be willing to include the City's Tobacco License Application in the packet. There is a model of a Tobacco License Application at Tab 3 that can be made specific to the city. An executed application form will be retuned to the City for issuance of the license. Compliance Checks: Public Health will conduct compliance checks at least twice annually using youth decoys. (Article 8(b)). Enforcement: If a tobacco retailer sells to a youth decoy during a compliance check there are the following penalties (Article 9 (a) and (e)): l'~t violation (in 36 month period): License suspended for 14 days (which would suspend all tobacco sales and requii'e the removal of all tobacco products and tobacco advertising during the suspension). In lieu of suspension retailer can train all sales employees in the laws pertaining to the sale of tobacco products to minors and file an affidavit to that effect. 2nd violation (in 36 month period ): License suspended for 21 days (which would suspend all tobacco sales and require the removal of all tobacco products and tobacco advertising during the suspension). 3nd violation (in 36 month period ): License suspended for 30 days (which would suspend all tobacco sales and require the removal of all tobacco products and tobacco advertising during the suspension). 4th violation (in 36 month period ): License shall be revoked (which would preclude further sales of any tobacco products). Retailer shall not be issued a license for a period of 3 years from date of revocation. Fines: Fines under Article 10 will only apply if an unlicensed retailer sells tobacco products. An unlicensed retailer would be any tobacco retailer that does not have a tobacco retail license, including any tobacco retailer whose license has been suspended or revoked. Grievance Committee: Retailers will have the right to appeal any suspension or revocation decision to the Grievance Committee. The Grievance Committee will be made up of three (3) members appointed by the City Council. Responsibilities of the City of Ukiah under the OrdinanceS: o Issuance of licenses and informing Public Health about new licenses being issued and new merchants in the City's jurisdiction selling tobacco. (In other jurisdictions the issuance of licenses is coordinated through the business license person.) o Notification of penalties of non-compliance with the Ordinance. o Enforcement of suspension, termination or revocation and collection of fines. The bulk of these tasks falls t6 the City Attorney, the City Manager and those who sit on the Grievance Committee. o Establishment of Grievance Committee DRAFT 09114105 ORDINANCE NO. .ORDINANCE OF THE CITY OF UKIAH ADDING NEW CHAPTER ENTITLED "REQUIRED LICENSURE OF TOBACCO RETAILERS" The City Council of the City of Ukiah ordains as follows: "SECTION I. FINDINGS AND DECLARATIONS: The City Council of the City of Ukiah hereby finds and declares as follows: WHEREAS, state law prohibits the sale or furnishing of cigarettes, tobacco products and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Penal Code §308); and WHEREAS, state law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Business & Professions Code §22956) and provides procedures for using persons under 18 years of age to conduct onsite compliance checks of tobacco retailers (Business & Professions Code §22952); and WHEREAS, state law requires that tobacco retailers post a conspicuous notice at each point of sale stating that selling tobacco products to anyone under 18 years of age is illegal (Business & Professions Code §22952, Penal Code §308); and WHEREAS, state law prohibits the sale or display of cigarettes through a self- service display and prohibits public access to cigarettes without the assistance of a clerk (Business & Professions Code §22962); and WHEREAS, state law prohibits the sale of "bidis" (hand-rolled filterless cigarettes imported primarily from India and Southeast Asian countries) except in adult-only establishments (Penal Code §308.1 ); and _ WHEREAS, state law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll- your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Penal Code §308.3); and WHEREAS, state law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees (Education Code §48901 (a)); and WHEREAS, despite these restrictions, minors continue to obtain cigarettes and other tobacco products at alarming rates. Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480 million in profits from underage smokers; and -1- DRAFT 09/14/05 SECTION II. A new Chapter entitled "Licensure of Tobacco Retailers" is hereby added to the Ukiah City Code and shall provide as follows: CHAPTER LICENSURE OF TOBACCO RETAILERS Article I DEFINITIONS. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Department" means the City Manager and/or the duly authorized designee of the City Manager. (b) "Grievance Committee" means a Committee of three (3) persons. All three members shall be appointed by the City Council. City Manager shall give recommendations regarding appointees. (c) "Person" shall mean any person, firm, partnership, trust, estate, association, corporation, or organization of any kind. Where a principal acts through an agent, the word "person" shall include both such principal and agent. (d) "Tobacco Product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. (e) 'q'obacco Retailer" means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or Tobacco Products. "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or Tobacco Products sold, offered for sale, exchanged, or offered for exchange. Article 2 REQUIREMENT FOR TOBACCO RETAILER LICENSE. (a) It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Chapter for each location at which that activity is to occur. No license may issue to authorize Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited. (b) The payment of the license fee designated in [Section Article 6] confers paid status upon a license for a term of one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the payment term. (c) Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than -3- DRAFT 09/14/05 Article 6 FEES FOR LICENSE. The fee to issue or to renew a Tobacco Retailer's license shall be established by resolution of City Council of the City of Ukiah. Article 7 LICENSES NONTRANSFERABLE. A Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to [Section Article 3, items 1,2, or 3], changes, Tobacco Retailer must notify the Department within 14 days, and update all information on the license application form in order to continue to act as a Tobacco Retailer. For example, if a Tobacco Retailer to whom a license has been issued changes business location, that Tobacco Retailer must supply updated license information within 14 days of acting as a Tobacco Retailer at the new location. If a business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. The current licensee shall notify the Department of the sale of the Tobacco Retailing business. Article 8 LICENSE VIOLATION. (a) VIOLATION OF TOBACCO-RELATED LAWS. It shall be a violation of a Tobacco Retailer's license for a Person or his or her agent or employee to violate any local, state, or federal tobacco-related law. (b) LICENSE COMPLIANCE MONITORING. The City of Ukiah anticipates that compliance checks of each Tobacco Retailer will be conducted at least two times during each twelve-month period by the Mendocino County Public Health Department, City of Ukiah shall not enforce any tobacco-related minimum-age law against a person who otherwise would be in violation of such law because of the person's age (hereinafter "youth decoy") if the violation occurs when: 1. the youth decoy is participating in a compliance check supervised by a law enforcement official, a code enforcement official, or any peace officer; or __ 2. the youth decoy is participating in a compliance check funded or supervised in part by the County of Mendocino or, funded or supervised in any part by the California Department of Health Services. Article 9 SUSPENSION, TERMINATION OR REVOCATION OF LICENSE. (a) SUSPENSION, TERMINATION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be suspended or revoked if the Department finds, after notice to the Person and opportunity to be heard, that the Person or his or her agents or employees has or have violated the requirements of this Ordinance or other conditions of the license imposed pursuant to [Section Article 8] above. A person who loses his license for one location does not lose it for all locations if those locations are in compliance with this Chapter, and may renew licenses for other conforming locations. A person cannot obtain a new license for a new location so long as there is a suspension in effect for any location. -5- DRAFT 09/14/05 (e) LICENSE SUSPENSION REQUIRES THE REMOVAL OF ALL TOBACCO PRODUCTS FROM PUBLIC VIEW. Tobacco retailers whose license is suspended must remove from public view all tobacco products and tobacco advertising for the duration of their suspension. Failure to remove such items from view will be regarded as a violation of this ordinance equivalent to that of selling to minors. (f) REVOCATION OF LICENSE OBTAINED UNDER FALSE PRETENSES. Tobacco Retailers whose license is obtained under false pretenses shall have that license revoked. This revocation shall be with prejudice to one calendar year must elapse between any revocation pursuant to this subsection and any subsequent application. Article 10 ADMINISTRATIVE FINE. (a) GROUNDS FOR FINE. If the Department finds, based on substantial record evidence, that any unlicensed person, including a person named on a revoked or suspended license, has engaged in Tobacco Retailing in violation of this Chapter, the Department shall fine that Person as follows: 1. a fine not exceeding one hundred dollars ($100) for a first violation in any thirty-six (36) month period; or 2. a fine not exceeding two hundred dollars ($200) for a second violation in any thirty-six (36) month period; or 3. a fine not exceeding five hundred dollars ($500) for a third or subsequent violation in any thirty-six (36) month period. Each day that such a Person engages in Tobacco Retailing shall constitute a separate violation. (b) NOTICE OF VIOLATION. A notice of violation and of intent to impose a fine shall be personally served on, or sent by certified mail to, the Person or Persons subject to the fine. The notice shall state the basis of the Department's determinations and include an advisement of the right to request a hearing to contest the fine. Any request for a hearing must be in writing and must be received by the Department within ten (10) calendar days of personal service of the notice on the Person or Persons subject to a fine or within fifteen (15) calendar days if the Person or Persons subject to a fine are served by mail. (c) IMPOSITION OF FINE. If no request for a hearing is timely received, the Department's determination on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) calendar days of written demand made in the manner specified above for a notice of violation. If the fine is not paid within that time, the fine may be collected, along with interest at the legal rate, in any manner provided by law. In the event that a judicial action is necessary to compel payment of the fine and accumulated interest, -7- DRAFT 09/14/05 (d) Violations of this ordinance are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates. (e) In addition to other remedies provided by this Chapter or by other law, any violation of this ordinance may be remedied by a civil action brought by the City Attorney or the District Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (f) Any Person acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future such violations or to recover such actual damages as he or she may prove. Article 12 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION III. EFFECTIVE DATE, PUBLICATION. The Clerk of the City Council shall publish this Ordinance as required by law. This Ordinance shall take effect thirty (30) days after passage." ~. PASSED AND ADOPTED by the City Council of the City of Ukiah, State of California, on this ~ day of ,~ 2005, by the following roll call vote: AYES: NOES: ABSENT: WHEREUPON, the Mayor declared the Ordinance passed and adopted and SO ORDERED. MAYOR, MARK ASHIKU -9- Tobacco License Application Date Name of Business Mailing Addrees of Business ITelephon~ ~umber II i I PhySical Location of Buaineea for which Iicenss ia to be Issued Type of Business Name of Applicant Address of Applicant ii IDate Business Opened ITelep7one Number I i I I i Sole Proprietorship?lYes No Partnership?lYes , No '" , Corporation?lYes No . If Par~nership, provide name and reaidence address of each, including limited partners If Corporation, give Name of Corporation exactly ss stated in Article of Incorporation If Corporation, give place and date of Incorporation Place Date If Corporation, give names and reaidence addressee of each office, director and each stockholder holding more than 10% of corporate stock. Name Address ~ ', List nan-,e and au;hoHzed addrea~ of person or office authorized to receive all license-related communicatiorm and notices. Name Address Have you, or any owner of thla buainess, had an application for a tobacco Iicenee denied or revoked? Yea No ive date urledlction I understand that I am subject to the regulations and requirements set forth in the Mendocino County Code, Chapter 6.20, and I (we) will comply with the code. I (we) understand licensure is subject to approval/denial of the Mendocino County Department of Public Health, and certify, under penalty of perjury, that the forgoing is true and correct. Applicant's signature Date Fee paid Approve/Deny MEMORANDUM OF UNDERSTADING BETWEEN THE DEPARTMENT OF PUBLIC HEALTH OF THE COUNTY OF MENDOCINO AND THE CITY OF UKIAH TO PROVIDE MONITORING OF TOBACCO RETAILERS IN THE CITY OF UKIAH THIS AGREEMENT is made and entered into this day of September, 2005 by and between the Mendocino County Department of Public Health ("County") and the City of Ukiah, ("City"). RECITALS WHEREAS, City has adopted an Ordinance which requires that tobacco retailers be licensed by the City in order to sell tobacco products; and WHEREAS, County has periodically monitored tobacco retailers in the City regarding sale of tobacco products to minors; and WHEREAS, it is in the mutual interest of the parties to cooperate and lend assistance to each other in protecting the public health by attempting to reduce the sale of tobacco products to minors; NO.W THEREFORE, the parties enter into the following Agreement: AGREEMENT 1. COUNTY'S RESPONSIBILITIES. County undertakes the following responsibilities: Pursuant to the [Article 8(b)] of the Ukiah Municipal Code County agrees to conduct compliance checks of each tobacco retailer located in the City of Ukiah on at least two occasions annually to determine comPliance with State and local laws with respect to the selling of tobacco Products to under aged youth. b., Provide results of buying surveys and compliance monitoring surveys to City. Provide vendor education regarding the prevention of tobacco sales to minors within the City on an annual basis and provide merchant education information packets upon request. d. Provide training protocols for tobacco retailers containing information on how to prevent tobacco sales to minors. e. On an as needed basis, monitor businesses with suspended licenses to ensure absence of tobacco products, tobacco related advertising and collaterals. -1- 2. CITY'S RESPONSIBLIT1ES. City undertakes the following responsibilities: a. Provide County with current list, and periodically update list, of all tobacco retailers within the City, including location of each retailer. b. Investigate and follow-up on all violations of City's Ordinance as reported to City by County from County' s compliance checks, and/or buying surveys. C. Inform County of all enforcement actions and license suspensions undertaken by City. 3. TERM. This Memorandum of Understanding shall remain in force and effect until terminated. Either party may terminate this Agreement upon provision of sixty (60) days written notice to the other party. CITY OF UKIAH: COUNTY OF MENDOCINO: Candace Horsley, City Manager Date .Date ATTEST: Made Ulvila, City Clerk -2- 0 c~ 0 I-' ID) c~ 0 0 0 0 CD C~I Store Name 2003 thru 2005 Ukiah Underage Buying Survey Address Date Did sale occur? ID requested? Albertsons 504 E. Perkins Chevron Mini Mart 605 E. Perkins Dave's 76 734 S. State Street Diamond Jim's 1294 N. State Street Express 998 S. State Street EXXON-Ukiah 998 S. State Street Express-Gobbi 390 E. Gobbi Liquor & Food-Gobbi 390 E. Gobbi 5/27/2003 No 2/17/2004 No 11/1/2004 No 7/9/2005 No 5/29/2003 Yes 2/17/2004 No 11/1/2004 No 7/9/2005 No 5/29/2003 No 2/17/2004 Yes 8/26/2004 No 7/13/2005 Yes 5/27/2003 No 2/17/2004 No 11/1/2004 No 7/9/2005 No 1111/2004 .' No 7/13/2005 No 5/29/2003 No 2/17/2004 No 11/1/2004 No 7/13/2005 No 5/27/2003 No 2/17/2004 No Yes Yes Yes Yes No Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Store Name Address Date Did sale occur? ID requested? Food Maxx 1235 Airport Park Blwt. Golden Gate Shell 1105 Airport Park Blwl. Kwik Pik 795 E. Perkins Liquor & Food 135 Washington A ye. Liquor & Food-Miff 295 W. Mill Longs Drugs 155 S. Orchard Ave. Quest Mart 915 N. State Street 5/29/2003 2/17/2004 8/26/2004 7/9/2005 · 5/29/2003 2/17/2004 8/26/2004 7/9/2005 5/27/2003 2/17/2004 11/1/2004 7/9/2005 5/29/2003 2/17/2004 6/26/2004 7/9/2005 2/17/2004 11/1/2004 7/9/2005 2/17/2004 5/27/2003 11/1/2004 7/9/2005 5/29/2003 2/17/2004 11/1/2004 7/9/2005 Yes No No No No Yes Yes Yes No No No No No No No No No No Yes No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Store Name Address Date Did sale occur? ID requested? Redwood Tree 76 859 N. State Street Rite Aid-Ukiah 680 S. State Street Safeway-Ukiah 653 S. State Street Shop N Wash 581 N. State Street South Ukiah Chevron 1099 S. State Street USA Gas-Perkins 585 E. Perkins Beacon Station-Perkins 585 E. Perkins USA Petroleum 1105 S. State Street 7/9/2005 5/29/2003 5/27/2003 2/17/2004 11/1/2004 7/9/2005 5/27/20O3 2/17/2004 8/26/2004 7/9/2005 5/27/2003 2/17/2004 11/1/2004 7/9/2005 5/29/2003 2/17/2004 8/26/2004 7/9/2005 5/27/2003 2/17/2004 7/9/2005 11/1/2004 2/17/2004 8/26/2004 7/9/2005 Yes Yes No No No No No Yes No Yes No Yes No No No No No. Yes .' Yes Yes No Yes No Yes No Yes Yes Yes Yes Ye~ No Yes Yes Yes Yes Yes Yes Ye~ Yes Yes No Yes Yes No Yes Yes Yes No Store Name Address Date Did sale occur? ID requested? Beacon 1105 S. State Street WalMart Store 1155 Airport Park Blvd. Westside Market 1003 W. Clay 5/29/2003 5/29/2003 2/17/2004 8/26/2004 7/9/2005 5/29/2003 2/17/2004 11/1/2004 7/9/2005 No Yes Yes Yes No No Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Mendocino Unit The need for Tobacco Licensing in Ukiah The Problem: Tobacco is the leading cause of death.in the U.S., with 19% of all deaths attributed to its effects. ACTUAL CAUSES OF DEATH, UNITED STATES, 1990 ' - ~ 'i : --' ~ , , - , ~ ~' ; ~ "I ~ .... i -~ O 5 ;,.i 15 20 Perconta~o c,f all deaths Age adjusted rates for lung cancer deaths in Mendocino County are 124% of those in California as a whole, with local rates at 58.5 deaths per 100,000 and California at 46.9 deaths per 100,000. · In California in 1999 and .3,jA.%L4 ........ ,,'49727o:2207-Mc6i ....... ..If,1. v221'>. ...... \NH..A.zlual ............. .f d oalh il, tho Unil~.d ~,l aloe. 2000 , approximate ly 14% of 16-17 year olds reported smoking during the last 30 days. (California Cancer Facts & Figures 2002). In Mendocino County, the California Healthy Kids Survey performed in 1999 found that 27% of 16-17 year olds reported smoking during the last 30 days (Mendocino County Community Health Status Report 2002 - drafi).The California Tobacco Survey found smoking rates far lower throughout the state's teen population than those found in Mendocino County by the Healthy Kids Survey. A comparison of rates of teens who said they had smoked a cigarette in the past 30 days found California vs. Mendocino showing: 12- 13 year olds CA 1.7%, Mendocino 13%; 14- 15 year olds CA 5.6%, Mendocino 20%; 16- 17 year olds CA 16.3%, Mendocino 27%. Smoked a cigarette in past 30 days 30.00% 20.00% [] California 10.00% 13 Mendocino 0.00% Mendocino 12-13 year California olds 14-15 16-17 115 East Smith Street, Ukiah, CA 95482 Phone: 462-7642 X 3 Fax: 462-2317 1-800-ACS-2345 www.cancer.org · At least 75% of all cigarettes smoked by youth are purchased by youth, either through direct purchase, having others buy for them, or borrowing from other youth who buy directly. In Califomia, 49% of youth that smoke buy their own cigarettes. (MMWR 7/9/00 & 8/14/98) ° More than half of all smokers begin smoking before age 14; 90% begin by age 19. (USDHS 1991) 5ourc~ Nat~ofial Hm~.s~stmld ~,~vW* o~1 Can children buy tobacco even with laws on the books? In Ukiah, a 2005 buying survey conducted by underage teens who were instructed not to lie, and to offer valid ID when asked, showed a sales rate of 32% Youth Buy Rates: Mendocino County vs. Nation % sales 20-10~ oM;ndocino County 0 IDNation [] Mendocino County (Mendocino County Tobacco Control Program survey 2005). · "In 2004, a similar survey in Ukiah showed a sales rate of 9%. The Solution: Institute tobacco licensing to help us more actively enforce the anti-tobacco laws already on the books. ' · Effective tobacco retailer licensing can help tobacco retailers clearly communicate that illegal tobacco sales to minors are unacceptable, and would l~vel the business playing field. (Surgeon General's Report, 2000) · . Makes enforcing current lawS far easier- in-a County with no civil arm to the District Attorney's office, our enforcement Options are limited. Licensing can be enforced by an administrative hearing officer (i.e. a city. attorney, county counsel, the city manager, a public health official) designated in the ordinance. · Surveillance of underage tobacco sales is already done. by the Public Health DePartment. 115 East Smith Street, Ukiah, CA 95482 Phone: 462-7642 X 3 Fax: 462-2317 1-800-ACS-2345 www.cancer.org Tobacc:o sales to m nors up in Ukiah Willits, unincorporated areas doing, better after .local ordinances paSsed By SETH FREEDLAND The Daily Journal Underage youth can purchase tobacco products, more easily in Mendocino County than in the rest of the state, a recent county Public Health Department survey found. The city of'Willits and the county,sI~ unincorporated' areas -- both off which recently implemented retailer l licensing ordinances -- saw marked declines while ordinance-less Ukiah's rate more than doubled. About one in three. Ukiah tobacco retailers 'illegally sold tobacco Prod- ucts to teenagers, .the county Tobacco. Control Program discovered. This, figure -- which found seven offend- ers in the city's 22 stores -- was a 23 percent increase from last year. Conversely, only one store in Willits violated the law. In total, 36 of Mendocino County,s 107 tobacco retailers sold to an underage youth during the July inquiry. This rate sits 24 percent higher than the 10 percent state sales rate as identified by the California Youth Tobacco Purchase Survey. But County officials said good news could be found in the declines from Willits and the unincorporated areas -- which saw a 24 Percent dip - - after adopting strong local licensing laws putting the retailers" tight,to sell tobacco in jeopardy after violations. A December 2004 ordinance from the Board of SUpervisors covered the unincorporated areas. Willits passed its law about a year earlier. Guadalupo Chavez, control pro- gram coordinator, said when stores continue-to sell tobacco to yOuth in spite of state laws, local edicts are needed to enforce effectiveness. Chavez said she was proud to see a 53 percelat plummet in Willits' viola- tions and noted that the city deserved credit in removing the toi~acc~- licenses from the 'two businesses caught in the past tWO surveys. After the first violation, retailers can pro- vide training to employees or face a Tobacco Continued from Page 1 Suspension, but an instant sus~ pension goes into ,effect after the second~ Chavez said. Willits saw no repeat offend- ers. in July's survey. , "They a~ obviously get- ting the message," Chavez said. Of the- county's 36 trans- gressors, half sold even after the youth presented 'an under- 18 years old ID. In several instances, the teenagers 'reported that retailers sold to them even after verbally establishing that the youth was a minor, Chavez Said. ' ' This pervasive apathy toward the law worries CaroI Mordhorst, head of the Public Health Department, who said those who begin~ smoking as teenagers are' likely to contin- ue throughout the 'majority of their lives: Besides personal risks of cancer and heart dis- eaSe, community health takes a "significant" hit through secondhand smoke as well as upon becoming a ,parent, Mordhorst noted. She said smoking around children directly causes lifelong asth- ma and other respiratory prob-, lems. Ukiah~s ' difficulty in enforcing state tobacco laws may soon be a thing, of the past. The American Cancer Society will plead with ,the City Council Sept. 21 to adopt an ordinance similar to Willits' "We want Ukiah to do what has been successful in sur- rounding, areas," said Susan Keegan, community services director for the society. "It's just too important to keep tobacco away from our kids." Keegan said the day the two double-violator retailers saw their licenses revoked remains a cherished memory because it displayed the power of the local ordinance. The ordinances -- which move the legal onus from the crimi- nal courts to administrative heatings, simplifying local enforcement -- represent a "movement spreading throughout the state," Keegan said. Among the proposed Ukiah ordinancg's backers are Ukiah .Valley 'Medical Center, Mendocino County Office .of Educfition and various school .and youth groups, she added. According to the Federal Trade Commission, the major cigarette companies increased their marketing expenditures to an all-time high of $15.2 billion -- $41 million per day - in 2003, the most recent available' data. The FTC report shows 'that 71.4 percent of cigarette marketing was spent on promotional pay- ments, like discounts and high-visibility store displays - - which health professionals claim is largely geared to the underage market. Seth Freedland. can be reached at' Udjsf@pacific.net. Frank R. Howard Memorial Hospital HMH One Madmne SEeet Willits, CA 95490 707-459-6801 Fax:707-459-1531 September 13, 2005 Ukiah City Council 300 Seminary Ave. Ukiah Ca 95482 Dear City Council members: Frank R. Howard Memorial Hospital fully supports the Tobacco Licensing Ordinance that will be included in the agenda for the Ukiah City Council meeting of September 21, 2005. As a healthcare provider, we are concerned with the statistics we have been presented. In Mendocino County, 27% of 16-17 year olds reported smoking during the last 30 days, and the California Tobacco Survey found smoking rates in the teen population of Mendocino County much higher than the California rate. With tobacco being the leading cause of death in the U.S., and Mendocino County lung cancer deaths 124% higher than California, we are confident that a tobacco licensing ordinance could slow the sale of cigarettes to our youth. The ordinance has been well researched and has been very successful in the City of Willits, lowering the sales to youth from 62% to 7% over the last two years. Thank you for your consideration in passing this ordinance. We feel confident the health of our community will improve due to this ordinance, as it will keep tobacco out of the hands of our youth. Sincerely, ~ Xt Kevin R. Erich, MBA, FACHE President September 13, 2005 Ukiah City Council 300 Seminary Ave. Ukiah Ca 95482 U LEi se,. ]5 2oo5 CITY OF UKIAH CITY Ct r';'~K'S DEPARTMENT Dear City Council members: The Leadership Council of the Mendocino County Unit of the American Cancer Society fully supports the tobacco licensing ordinance that will be on the agenda for the Ukiah City Council meeting of September 21, 2005. I am proud of the uniqueness of living in Mendocino County for the past 30 years, but I am not proud that over 30% of our businesses sell Tobacco to underage minors in Ukiah. I am not proud of the fact that these kids are asked for their ID, and are still sold cigarettes. I am not proud that a current estimate of the National sales rate to minors through vendor non-compliance is 41%, and in the recent 2005 underage buying survey report, youth under the age of 18 were able to purchase tobacco products with ease from the retailers in Ukiah. There is a state law that prohibits the sale of tobacco to minors. Penal Code 308 puts responsibility on law enforcement entities, but these current laws require criminal proceedings, which would require kids to wear wires, use marked bills, and be accompanied by an undercover police officer. With the current situation of no civil arm of the DA's office, there are no resources available to uphold this law. A local ordinance would affirm the power of the county to regulate business activity in order to discourage violations of the law. The intent of this ordinance is to encourage responsible tobacco retailing. This ordinance would not unduly burden legitimate business activities of retailers who sell cigarettes to adults. This ordinance is not about adults smoking. This ordinance is to prohibit the sale of tobacco to minors. Documented in the American Journal of Community Psychology, and the American Journal of Public Health, is the fact that in a community where there is an ordinance that is enforced, and where merchants are 90% compliant, there is a documented drop in rates of youth smoking. In October of 2003, the Willits City Council passed an ordinance requiring licensure of tobacco retailers by a vote of 4-1. Willits felt compelled to make a difference. With a buying rate of 64% in August 2000, and 64% in June 2002, the small community of Willits took action. The City of Willits has reduced its sell rate from 62% to 7% in two years. The Mendocino County Board of Supervisors passed a similar ordinance in December 2004. The City of Ukiah has an opportunity to do the same. It is the right thing to do. Please consider passing this important ordinance, so we may protect our youth, so we can be proud as a community, so that we make a difference. Thank you, Patsy Broeske ACS Volunteer President, Leadership Council for the Inland Mendocino Unit of the American Cancer Society Executive Assistant to the President of Frank R. Howard Memorial Hospital Mendocino County Youth P oj¢ct Supporting the development of youth and families in Mendocino County since 1974 www.mcyp.org September 8, 2005 Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 I CITV Ct r':;K'S ',-:~,~;Af:iTL~ENT Dear Members of the City Council: I am writing to express the strong support of the Mendocino County Youth Project for the passage of a tobacco licensing ordinance. MCYP has worked for over 30 years with children and youth throughout the county and very extensively in Ukiah. We are well aware of how easy it is for young people to obtain tobacco and the extent of the problem of merchants selling to under-age youth. We know that, due to the increasing demands on the time of the Ukiah Police Department, especially with tight budgets, they cannot make a priority of going after merchants who sell to underage minors. This is why the ordinances were passed in Willits and in the county: to give a more workable option for communities to address this problem. We were very pleased to see the recent Ukiah Daily Journal article on the dramatic effects on sales to minors in Willits and in the county since the passage of their ordinances. I strongly encourage you to join Willits and the county and to pass this ordinance. Sincerely, . Karin E. Wandrei, PhD Executive Director ~-~776 S. State St., 5te 107 [-] P.O Box 2072 [--1 P.O Box 286 J--"l 400 E. Valley Rd. Ukiah, CA 95482 (Office) 707.463.4915 (Fax) 707.463.4917 Fort Brag9, CA 95437 32670 Hwy 20 West #2 (Office) 707. 964.4376 (Fax) 707. 964.4438 Point Arena, CA 95468 255 Main St. Suite 1 (Office) 707.882.1945 (Fax) 882.3624 Willits, CA 95490 (Office) 707.456.0235 (Fax) 456-0673 ITEM NO: /~ Z; DATE: September 21, 2005 AGENDA SUMMARY REPORT SUB3ECT: D]~SCUSS]~ON REGARDZNG THE CONCEPT OF FORM BASED ZON]~NG SUMMARY: Staff has been exploring the concept of"form-based" zoning as a potential alternative the City's existing traditional approach to zoning. This Agenda item is intended to provide information and discuss this emerging zoning concept. FORM BASED ZONING: The emphasis with traditional zoning is controlling land uses and densities. The emphasis with form based zoning is to control the design of development projects beyond the basic height and setbacks standards included in traditional approaches to zoning. However, form based also controls the use of property and can assign land use densities. For example, the City of Petaluma's "Smart Code" for its central area includes "Building Function Standards," which identifies the land uses allowed in various designated areas. In one portion of their central area, gas stations, drive-through retail, and large (10,000 square feet or more) general retail are not allowed. The purpose of Petaluma's 'Smart Code" for their central area is to ensure that new buildings are harmonious with each other and within the character of the City, and to ensure that this part of their City evolves into new, mixed-use neighborhoods. They have carefully decided, based on constraints, design and form, where certain land uses are appropriate and inappropriate. (continued on page 2) RECOMMENDED ACTION: Discuss the concept of form-based zoning, engage the public on the topic, and provide direction to Staff. ALTERNATIVE COUNCIL POLICY OPTION: Do not discuss form-based zoning and provide direction to Staff. Citizens Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. "Smart Code" (Form Based Zoning) Excerpt from the Central Petaluma Specific Plan Candace Horsley, City Man~jl~r The Petaluma code includes a zoning map, building function standards, urban standards, thoroughfare standards, landscaping and utility standards, parking standards, and historic preservation standards. It also includes architectural guidelines (see Attachment page 1-56). The Vision Plan: Before preparing a form-based zoning strategy, a Master Plan, Specific Plan or Vision Plan are typically prepared to construct the foundation for the regulations. The from-based zoning for Central Petaluma was prepared after the City adopted a detailed Specific Plan for the area. As indicated in Staff's .]uly 20, 2005 Agenda Summary Report, the City of Ukiah has prepared a strong urban design foundation over the years, and a Master Plan or Specific Plan may not be necessary before developing a form-based approach to zoning. Staff suggests that if the City were to select an area to establish form-based zoning, a less costly and time consuming Vision Plan could be prepared to provide the needed foundation. Staff would like to further explore the concept of form-based zoning for strategic locations in the City. Staff has discussed the concept with a number of consulting firms that specialize in "retrofitting" zoning in communities, and is interested in developing a new approach for Ukiah. With the increase in development pressure in the Ukiah Valley, as well as the increase in infill development within the City, Staff believes that a change from the traditional and antiquated approach to zoning is needed. With strong Vision Plans for key locations in the City, which could include objectives for mixed-use, pedestrian oriented development, infill housing, historic preservation, community design, public spaces, and creek revitalization, form-based zoning regulations could be developed to provide the community significantly more certainty as to the outcome of future development. RECOt4t4ENDA'rlON: Discuss the concept of form-based zoning, engage the public on the topic, and provide direction to Staff. ATrACHPlENTS: Staff apologizes for the lengthy attachments to this Agenda Summary Report. We felt it would benefit the discussion to provide the Council and public with a specific example of how form-based zoning has been adopted and is being implemented. ADDI'I'ZONAL RESOURCES: Staff is developing a library of resource material on the concept of form-based zoning that is available to the Council, Planning Commission, and general public. We also have an example of a recently adopted Vision Plan. In addition, Staff may be able to arrange for a consulting firm that has helped pioneer the concept of form-based zoning to provide a presentation to the City Council and/or the Planning Commission to further our education. 1-/ Central Petaluma Specific Plan SmartCode~ Page 3 Introduction Introduction Through a process of community workshops and Committee discussion, Petaluma has developed a clear vision of the preferred future for Central Petaluma. That vision is one of pedestrian-oriented public streets, plazas, squares and river'front walks, lined with mixed-use, pedestrian-oriented buildings. The scale and general character of new development is based in many ways on the best elements of Petaluma's heri- tage - the multi-story mixed-use shopfront buildings of the historic Downtown, the iconic agricultural build- ings, and the rich variety of streets, river'front wharves, plazas and parks of Petaluma's historic center. The vision is focused around the Petaluma River - the dominant open space of Central Petaluma - which is intended to enhance, and be enhanced by, the new neighborhoods along its edges. At its core, this vision is one of a very particular kind of place. A sense of place results only when the public realm - the streets and other public open spaces - and the private realm - the buildings that line the public spaces - are designed to connect to one another at the scale of the person on foot. The public spaces - in addition to providing circulation of people on foot, on bicycles and in cars - are the "living rooms", the gath- ering places, of the community. The shape, scale and character of these public spaces are defined by their design and detailing, and by the way that private buildings connect to their edges. The fine-grained coordi- nation of the design of public and private elements, to be built in large and small increments over a period of many years, does not happen automatically, and it does not happen by simply reviewing and discussing each individual prOJect as it is proposed An overall framework and a systematic approach to the design of the components and the connections between them is required. The SmartCode~ provides a system for ensuring that the .design of the public realm and the design of pri- vate buildings are rigorously coordinated, and are focused on'the pedestrian experience. It defines what is essentially a "kit of parts", with instructions, for building an urban district - a district based directly on the preferences of the commumty, as expressed through workshops and meetings. The focus of this technique ~s on the scale and character of the parts and how they connect to each other. The focus is not on the ar- chitectural styling of the parts, which is very flexible. This code defines an agreement between the commu- nity (the public) and property owners (the private). The community commits itself to building and maintain- ing high-quality, pedestrian-oriented streets, public parking facilities, squares, plazas, and riverwalks, while the property and business owners commit themselves to building high-quality buildings that face the public realm with facades scaled to the pedestrian, and orienting on-site parking and service functions to the backs of the buildings and the interiors of the blocks Central Petaluma is envisioned to be a place where a wide range of residential, commercial and industrial uses can coexist in relative proximity to one another within a lively urban environment. (This is the type of place that Petaluma has over a century of experience in designing, building and managing in its historic Downtown, where the uses of individual buildings have changed many times during their long and useful life.) Livelier commercial uses can take advantage of the active environment of the ground floor street frontages, while residential and office uses can generally benefit from the quieter environment offered by upper floors. Through the appropriate design of the street frontages - where the buildings meets the street - a very wide range of use types can thrive on ground floor frontages. Accordingly, this document allows multi-story mixed-use buildings in most areas, ~n which residential uses are allowed on upper floors of most buildings, and a wide range of commercial enterprises are allowed on the ground floors of most buildings. The SmartCode¢ is designed to be used both as a guide for property owners and their designers - to allow them to understand from the outset the parameters that the community has set for development in Central Petaluma - and also as a framework and systematic checklist for the City's use as it plans its investment in capital prOjects and evaluates the design of proposed building projects. This will improve the quality of de- sign proposals that the City receives, and the speed and quality of the design review process, and the value of the City's cumulative reinvestment in the public realm. Central Petaluma Specific Plan SrnartCode~ Pa~e 4 Purpose Purpose This Chapter of the Central Petaluma Specific Plan provides detailed regulations for development and new land uses within the specific plan area, and describes how these regulations will be used as part of the City's development review process. These regulations are provided in the form of a "Smart Code," and are hereafter referred to as "this Code." This Code is intended to ensure that all new buildings are harmonious with each other and within the character of Petaluma This Code is further intended to ensure that the area covered by this specific plan evolves into new, mixed use neighborhoods with the following characteristics: The size of neighborhoods reflect a five-minute walking distance from edge to center (center mean- ing a railroad transit stop or the existing downtown); B The mixture of land uses includes shops, workplaces, residences, and civic buildings in proximity: A variety of thoroughfares that serve the needs of the pedestrian, the cyclists and the automobile equitably; D. Public open spaces that provide places for informal social activity and recreation; and E Building frontages that define the public space of each street. Central Petalurna Specific Plan SmartCode~ Pa~e 5 Section 1. Code Applicability Section 1 - Code Applicability 1.10.010 - Applicability of Code Standards Proposed development, subdivisions, and new land uses within the Specific Plan area shall comply with all applicable requirements of this Code, as follows. A. Zoning Map. The Zoning Map in Section 2 of this Code shows the zones within the specific plan area that differentiate standards for building placement, design, and use; and identifies the specific parcels included within each zone. S. Building Function Standards. The Building Function Standards in Section 3 identify the land uses allowed by the City in each of the zones established by the Zoning Map. A parcel shall be occupied only by land uses identified as allowed within the applicable zone by Section 3 of this Code. C. Urban Standards. The Urban Standards in Section 4 regulate the aspects of each private building that affect the public realm. The standards vary according to the zone applied to each parcel by the Zoning Map. The Urban Standards regulate building placement and facade design, determine the number of required parking spaces, identify the types of civic spaces to be provided within the Spe- cific Plan area. and provide standards for landscaping, tn certain cases, the Urban Standards also regulate how certain land use types must be operated to ensure their compatibility with adjacent uses Thoroughfare Standards. The Thoroughfare Standards in Section 5 regulate the design of streets and other public ways within the Specific Plan area, including both new thoroughfares and changes to existing thoroughfares These standards include specifications and dimensions that define the type, character, and capacity of vehicle, cycling, and pedestrian ways. Compliance with the stan- dards of Section 5 is required for vehicular ways, bikeways, sidewalks, planters, street trees, and street lights, where these improvements are required through the City approval of a subdivision or other development Landscaping and Utility Standards: The Landscape and Utility Standards in Section 4.6 regulate the street trees, planters, and utilities within the Specific Plan area. Parking Standards. The Parking Standards and Procedures in Section 6 regulate the design and location of required parking facilities. Historic Preservation Standards. Changes to historic structures shall comply with the standards in Section 7 of this Code, Design Review. All buildings and associated site improvements within this Specific Plan are sub- ject to design review by SPARC (Site Plan and Architectural Review Committee) Refer to the Archi- tectural Guidelines (Appendix "B" of the Specific Plan) for example illustrations and information on architectural character in the Specific Plan area. I. Civic Buildings. Civic buildings are exempt from this code as it applies to urban standards Central Petalurna Specific Plan SrnartCode© Pa~e 6 Section 1. Code Applicability 1.10.020. Relationship to Zoning Ordinance If a conflict occurs between a requirement of this Code and the City of Petaluma Zoning Ordinance, the provisions of this Code shall apply, except that the requirements of the Downtown Commercial Historic Dis- trict apply to proposed development and new land uses in addition to the requirements of this Smart Code, where applicable. 1.10.030. Administration The standards and other requirements of this Code shall be administered and enforced as provided by Sec- tion 8 (Code Administration). ,,, ~ 'E ~ ,~., ~,,...~ ~ ~ ~., ~ .'~ii~: ~TM ~ ~,- ~j ~ .-. , - ~ ..... ,~.~.~. ~-' ~Ec0 o 4~T: .... '~ .p ./-~ ....... I',.. ',., 77~C.~',~;~' .:""')N"- ' ~ ~LI~ ~ fro' ' ) .'~7~./E '.~'~" -~' ~. '. ~ / ~.~ ~ ,~ ~I -'~~_ ~ f~ ,' ~- ?.-- ?...' /'~ ~, ..... ~ ~~_ ~~-;, ~ ~, / ' // / /~ ".~" '~ / ~ ~:' '~/ /' /' z q %' (' zx ~ ~~ ~'~-~ ~ ~1t %,:.: '-- ..... ,',,-::....: ",,:,' l~ 11 · ~:,'~ b:::~ - / ~ '~ ,, ./ ~ /.,." -. ........ z.' .. ':, -E-~ :r- ~ ~ -~ 'M ,-4,0 '.%'.x~, -, ,..' )' ,, ,.' ~' : b;~-. ,,..'.._./? '~., ~-.<..~5 :.'x',q'.", '., ~ ~/ .... ,,, ' ~>.'-'/:'Z"-, '.'~ ' ~ ': ' "' ,'~ ~ .'~4'~b',,~-.7., x ~~ : /i ~7 ~,.'/.ML} ,"~ ..:"-'.~'.~,',,'~-.,.~.: ~ .~'x '~">~'.' ~z:':%'' / t ~ ~.~ ~ ~ ~ ~ z%I..:L: ...TX:b'Z~, '- ,:'-G~'~. :' ' -.~_% 1-% / ~ ¢ - / '% ~ *'4- ,% .. . /.,'t¥'~ ~ -'~" w~',~ / ~- ~/ ~ ~ ~ ~'77 L'~,.L~'. '/:/~t/~", ,~ ~ ~ '/, ~/ "' U '~j , '~,/ ~ .... ~-.~'l~ ~ ~'~Z ~ ~ ~'~..'~.~ f,~%.%/:~ /~'~ ~ ~w.,','"--~ ~ ~' ; , ~ I r ~[~.~ ~ ~ :,k~:.~' -~ NY>~/'"'~'r~~ ~ / "--'/-" ' ' ~ ,- Central Petalurna Specific Plan SmartCode© Pa~e ? Section 3. Buildin~ Function Standards Section :3- Building Function Standards 3.10.010- Applicability of Building Function Standards Parcels and buildings shall be occupied by only the land uses allowed by Table 3-1 within the zone applied to the site by the Zoning Map (Section 2.10 of this Code). 3.10.020. Est:,,blishment of an AIIow:~ble Use A Any one or more land uses identified by Table 3-1 as being allowed within a particular zone may be established on any parcel within that zone, subject to the planning permit required for the use by Table 3-1, and compliance with all other applicable requirements of this Code. B Where a single parcel is proposed for development with two or more of the land uses listed in the table, the overall project shall be subject to the highest planning permit level required by the table for any individual use 3.10.030 - Permit Requirements for Allowable Uses Table 3-1 identifies the uses of land allowed by this Code in the zones established by Section 2, and the planning permit required to establish each use. Table 3-1 provides for land uses that are Permitted subject to compliance with alt applicable provisions of this Code, and shown as "P" uses in the table; Allowed sub)ect to the approval of a Conditional Use Permit (Zoning Ordinance Section 26-500), and shown as "CUP" uses in the table; or Not allowed within a specified zone. and shown as a "-" in the table 7 Central Petaluma Specific Plan SmartCode© Pa~e 8 Section 3. Buildin~ Function Standards Table 3.1 Allowed Building Functions and Permit Requirements Permitted (P); Conditional Use Permit Required (CUP); Not Permitted (--) ASSEMBLY T4 T5 T6 D1 D2 D3 D4 Bar/tavern/night club CUP CUP CUP -- -- -- CUP Commercial recreation facility - Indoor CUP CUP CUP -- -- -- CUP Commercial recreation facility - Outdoor ...... CUP Community' meeting facility CUP CUP CUP .... Conference/convention facility - 10,000 sf or less P P P -- -- -- P Conference/convention facility - More than 10,000 sf CUP CUP CUP -- -- -- CUP F~tness/health facility P P P -- -- -- P Library. museum P P P .... School- Specialized education/training P/1 / PI1 ) P(1 / -- -- -- CUP Sports and entertainment assembly facilit)/ ...... CUP Studio - Art, dance, martial arts, musm, etc P P P -- ~ -- P Theater, movie -- PI2) P(2) .... Theater, live performance CUP CUP CUP -- -- -- CUP LODGING Bed and bredkf¢~,t inn Hotel or motel RESIDENTIAL Emerqencyshelter CUP CUP CUP -- CUP -- CUP Home occupation P P P -- -- -- P Live/work unit /3) P P CUP -- -- -- P Multi-famil), housin.q P(1 ) P(1 ) ..... Residential in mixed use buildin.cj 14) P P P -- -- -- P S~ngle-famil~/dwellin~l P(1 ) P(1 ) ..... RETAIL Alcoholic bevera~]e sales CUP CUP CUP -- -- -- CUP Artisan shop P P P .... Auto parts sales ~ P P -- -- -- P Building and landscape materials sales - Indoor P P .... P Bvildinq ~n¢ I~n~c..aoe materials sales - Outdoor ...... CUP C)riv¢-thro~.qh retail ...... P Farm SuDDIv and feed store P P .... P Ca~S ~tSt~On ~ ~ -- . -- ~ ~ P General retail - 10.000 sf or less P P P -- -- -- P General retail- 10,001 to 50,000 sf -- CUP CUP -- -- -- P General retail- 50,001 sf or m~r¢ ...... C..Up Groc..~ri~s. specialty foods - 10,000 sf or less P P P -- -- -- P Groceries, specialty foods - More than 10,000 sf CUP P CUP -- -- -- P Restaurant, cafe, coffee shop P P P -- -- -- P Shoppincjcenter CUP CUP CUP -- -- -- CUP Notes: (1) Use not allowed on a frontage where shopfronts are required (2) See Chapter 19 70, Theater Combining District, Petaluma Zoning Ordinance; See Zoning Map for d~stnct boundaries (3) See Sect,on 4 70 020. (4) See Section 4 70 030 Central Petaluma Specific Plan SrnartCode© Pa§e 9 Section 3. Building Function Standards Table 3.1 Allowed Building Functions and Permit Requirements Permitted (P); Conditional Use Permit Required (CUP); Not Permitted SERVICES T4 T5 T6 D1 D2 D3 D4 Adult da), care - 6 or fewer clients, provided m a home P P P P -- -- P Adult da)/care - 7 or more clients CUP CUP CUP CUP -- -- CUP ATM CUP P P P -- -- P Bank, financial services P P P P -- -- P Business support service P P P P -- -- P Catering service P P P P -- -- P Child day care - Lar.cje or small family day care home P P P P -- -- P Child da)/care center CUP(l) CUP(l) CUP(l) CUP -- -- CUP Community service organization CUP CUP(l) CUP(l) CUP -- -- CUP Drive-through service ...... CUP Equipment rental ...... P Kennel, animal boarding ...... CUP Maintenance/repair service - -- CUP -- CUP -- -- P Equipment, large appliances, etc, Maintenance/repair service - Client s~te servmes CUP P(1 ) P(1 ) P -- -- P Medical services - Clinic, tab, urqent care -- P -- P -- -- P Medical services- Doctor office P{1) P(1) P(1) .... Mortuary, funeral home -- -- -- CUP -- -- CUP Off~ce - Busin~ss/service/ctovemment CUP P P P -- -- P Offic~-Pr0cessino, -- CUP{l) CUP(l} CUP -- -- CUP Off'~ce - Professional P(1 ) P(1 ) P(1 ) P -- -- P Personal serwce$ P P P P -- -- P Person¢ se. rvices - Restricted' -- -- -- CUP -- -- C, (,JP Public safety facilih/ CUP CUP CUP CUP -- -- CUP Vehicle services - Major repair/body work ...... CUP Vehi(;:le services - Minor maintenance/repair -- CUP -- CUP -- -- CUP Veterinar~ clinic, ammal hosptal -- -- -- CUP -- -- CUP TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE Ambulance, taxi. orlimou$~n0disaatchfacility -- -- -- CUP CUP -- CUP Broadcastinq studio -- CUP CUP CUP -- -- CUP Structured parking] facilit)', public or commercial P P P CUP CUP CUP CUP Pipeline, utility transmission or distribution line CUP ,CUP CUP CUP ,CUP CUP CUP Telecommumcationsfacility -- CUP CUP CUP CUP CUP CUP Transit stabon or terminal -- SUP CUP CUP CUP -- CUP Utility facility(2) -- CUP CUP CUP CUP CUP CUP Utility infrastructure {2) P P P P P P P Rail Faciht¥ (Freight handhn.cj & track maintenance) .... P -- -- Notes: (1) Use not allowed on a frontage where shopfronts are required (2) Underground and Alleys only Central Petaluma Specific Plan SmartCode© Pa§e 10 Section 3. Buildin§ Function Standards Table 3.1 Allowed Building Functions and Permit Requirements Permitted (P)', Conditional Use Permit Required (CUP); Not Permitted (--) Industry, Manufacturing & Processing, Wholesaling T4 T5 T6 D1 D2 D3 D4 Agricultural product processing -- -- CUP(3) P -- P -- Artisan/craft product manufacturin,.q P(2) P(2) P(2) -- -- P -- Chemical product manufacturing ..... CUP -- Clothing and fabric product manufacturing CLIP P(2) CUP(3) P -- P -- Concrete, gypsum, and plaster product manufac ...... P -- turing Electronics, equipment, and appliancemanufactur- CUP CUP(2) CUP(3) CUP -- P -- lng Food and beverage product manufacturing CUP(2) CUP(2) CUP(2) CUP -- P -- Furniture and fixtures manufacturing, cabinet shop -- CUP CUP(31 CUP -- P -- Glass product manufacturing CUPI2) CUP(2) -- -- -- P ~ Laboratory - Medical, analytical, research & devel- -- P -- P -- P -- opment Laundr~ dry cleaning plant -- _ __ CUP -- CUP -- Lumber and wood product manufacturing -- _ CUP(3) CUP -- CUP -- Machinery manufacturing -- -- CUP(31 -- -- P -- Media production P(1) P(1) P(1} P(1) -- P P Metal products fabrication, machine or welding -- _ CUP(3) -- _ CUP -- shop Motor vehicles and transpartat~on ec~u,pment ..... CUP -- Paper product manufacturing ..... P -- Photo/film processing lab -- _ CUP -- _ CUP -- Plastics, synthetics, rubber product manufacturing ..... CUP -- Printing and pubhshing P(1 ) P(1) -- P -- P P Recycling - Small collection facility ..... CUP -- Research and development P P(1 ) P( 1 ) P -- P P Small product manufacturing -- P(1) CUP(3) P(1) -- P -- Stone and cut stone product manufacturing ..... P -- Storage - Outdoor storage yard as a pr~mar~ use ..... CUP -- Storage - Warehouse, indoor storable ..... P -- Structural clay and pottery product manufacturing ..... P -- Textile and leather product manufacturing -- -- CUP -- -- P -- Wholesaling and distribution -- -- CUP(3) -- -- P CUP Notes: (1) Use not allowed on a frontage where shopfronts are required Permitted use if limited to a maximum of 5,000 sf on ground floor (3) Allowed in spaces of greater than 20,000 sf on ground floor I'-!0 Central Petaluma Specific Plan SmartCode© Page 1 1 4.10. Urban Standards Table Section 4. Urban Standards Proposed development shall comply with each of the urban standards provided in Table 4.10 on the follow- ing page for the zone that applies to the site 4.20- Urban Standards for Districts The urban standards applicable to proposed development within the districts established by Section 2 (Zoning Map) are as follows. A. D1 - Historic Agricultural Services District. Proposed redevelopment of the site shall comply with the standards provided by Section 4~10 (Urban Standards Table) for the T5 transect zone, except where alternative standards are authorized through conditional use permit approval or design review. Minor changes in existing structures may conform with the current development pattern of the site in terms of building placement, setbacks and heights. B. D2 - Railroad District. Proposed redevelopment shall comply with standards established by the review authority through the conditional use permit process or design review. C, D3 - River-Dependent Industrial District. Proposed redevelopment of the site shall com- ply with the standards provided by Section 4.10 (Urban Standards Table)for the T6 transect zone, except where alternative standards are authorized through conditional use permit ap- proval or design review. Minor changes in existing structures may conform with the current development pattern of the site in terms of building placement, setbacks and heights. D4 - Thoroughfare District. Proposed redevelopment of the site shall comply with the standards provided by Section 4.10 (Urban Standards Table) for the T5 transect zone, ex- cept as follows: · Building Placement-"Edge Yards" permitted · Building Setback - 10' minimum rear yard setback; no maximum front or side yard · Frontage Types- Not applicable · Percent Building Frontage Required - No minimum · Building Height- No minimum · Parking Location - Parking in "1st Layer" permitted 4.20.010- Building Height Exception in T6 Zone The maximum building height in the T6 zone shall be 4 stories, unless SPARC is able to make the following findings to allow up to two more stories (a total maximum of 6 stories): A That the additional height makes a positive contribution to the overall character of the area and will be compatible with its surroundings That the additional height will not result in unreasonable restrictions of light and air to adja- cent properties or the public right-of-way, or otherwise be detrimental to the public health, safety and welfare C That the additional height will support other policies and standards of the Specific Plan and will result in a better overall project /-11 Central Petalurna Specific Plan SmartCode~ Pa~e 1 3 Section 4. Urban Standards 4.30- Building Placement The provisions of this Section illustrate the standards for the location of a building on a parcel required by Section 4 10 (Urban Standards Table). Edge Yard: A building that occupies the center of tis lots with setbacks on all sides. Th~s is the least urban of types as the front yard sets it back from the front- age. while the side yards weaken the spatial definition of the public thoroughfare space The front yard is intended to be visually continuous with the yards of adjacent buildings The rear yard can be secured for privacy by fences and a well-placed backbuitding and/ or outbuilding Side Yard: A building that occupies one side of the lot with the setback to the others~de Thewsualopen- mg of the s~deyard on the street frontage causes this building type to appear freestanding A shallow front setback defines a more urban condition If the adja- cent building is similar with a blank party wall, the yard can be qu~te private This type permits systematic chmab6 orientabon ~n response to the sun or the breeze i Rear Yard: Abuildmgthatoccup~esthefutlfrontage, leawng the rear of the lot as the sole yard This ~s a very urban type as the oont~nuous fagade steadily defines the public thoroughfare The rear elevahons may be arhculated for funcbonal purposes In its resi- dential form, this type is the rowhouse For commer- cial, the rear yard can accommodate substantial park- ir~g Court Yard: A building that occupies the boundaries of its lot while internally defining one or more private pahos This is the most urban of types, as it ~s able to shield the private realm from all sides while strongly defining the public thoroughfare Because of its ability to accommodate incompatible activities masking them from all sides, it is recommended for workshops, lodg- ing and schools The high security provided by the conbnuous enclosure ~s useful for crime-prone areas Specialized A building that ~s not subject to categori- zation Buildings dedicated to manufacturing and transportation, such as factories or airports, are often distorted by the trajectories of machinery C~vic build- ~ngs, which may express the asp~rahons of institu- tsons, may be included Certain types, such as hospi- tals, may also require exemption from placement re- qu~rements Central Petaluma Specific Plan SmartCode© Pase 14 Section 4. Urban Standards 4.40- Frontage Types The street facing facades of each proposed building shall be designed as one of the building frontage types allowed by Section 410 (Urban Standards Table). Allowed frontage types shall be designed in compliance with the following standards, Common Yard: a frontage whereto the facade ~s set back substanbally from the front- age hne The front yard created remains unfenced and ~s wsually continuous ~n land- scaping with adjacent yards, supporting a common rural landscape Common Yards are suitable along h~gher speed thoroughfares, as the deep setba~ provides a buffer. i,~--,._._Frontage Line Porch and Fence: a frontage where~n the facade is set back from the frontage w~th an attached porch encroaching The porch should be w~th~n a conversational d~stance of the s~dewalk A fence at the frontage hne maintains the demarcabon of the yard Porches shall be no less than 8 feet w~de Terrace or Light Court: a frontage whereto the fa(;ade is set back from the frontage hne by an elevated garden or terrace, or a fenced, sunken hght court Th~s type buffers residential use from urban s~dewalks, remowng the prwate yard from public encroach- ment The terrace ~s suitable for outdoor dmtng Forecourt: a frontage whereto a po~on of the facade ~s close to the frontage hne while a substanbal port~on of ~t ~s set back The forecourt created ~s suitable for gar- dens and drop-offs Th~s type should be allocated sparingly ~n conjunction with other frontage types Trees w,th,n the forecourts may overhand the s~dewatks Stoop: a frontage whereto the facade ~s ahgned close to the frontage hne w~th the lower story elevated from the s~dewalk suf'fioent to secure prwacy for the w~ndows The access ~s usually an exterior stair and landing Th~s type ~s recommended for ground-floor residential uses Shopfront and Awning: a frontage whereto the facade ~s ahgned close to the front- age hne wffh the building entrance at s~dewalk grade This type ~s conventional for retail use w4h a substanhal glazing on the s~dewalk level, and an awning placed so as to overlap the s~dewalk to the maximum possible Gallery a frontage where~n the facade ~s ahgned close to the frontage line w~th an attached canblevered shed or a hghtwe~ght colonnade overlapping the s~dewalk This type ~s appropr,ate for retad use The Gallery shall be no less than 10 feet w~de and overlap the whole width of the s~dewalk to w~th~n 2 feet of the curb The Gallery shall be no less than 12 feet clear ~n height Arcade: a frontage whereto the fac..ade ~s above a colonnade that overlaps the sidewalk. wmle the s~dewalk level remains at the frontage hne Th~s type ~s appropriate for retad use The arcade shall be no less than 12 feet wide and ovedap the whole w~dth of the s~dewalk to w~th~n 2 feet of the curb The Arcade shall be no less than 12 feet clear m height Central Petalurna Specific Plan SmartCode© Page 1 5 Section 4. Urban Standards 4.50. Civic Spaces Civic spaces provided within the specific plan area shall be designed in compliance with the following stan~ dards Nature Park: a natural preserve available for unstructured recreation. A na- ture park may be mdependent of surrounding building frontages Its landscape should consist of paths and trails, meadows, woodland and open shelters, all naturalistically disposed Nature parks may be linear, following the trajectories of natural corridors Green an open space fronted by public streets, available for unstructured recreabon A green should be spatially defined by landscaping Its landscape shall consist of lawn and trees, naturalistically disposed The minimum size shall be 2 acres and the maximum shall be 15 acres Square an open space, available for civic purposes and commercial activi- hes A square ~s spatially defined by building frontages. Its landscape should cons,st primarily of pavement and few trees formally disposed It should be located at the intersection of ~mportant streets The minimum s~ze should be 1 acre and the maximum should be 3 acres Plaza an open space, available for unstructured recreation and c,vic pur- poses A plaza should be spatially defined by build,rig frontages Its land- scape should consist primarily of pavement and few trees formally d~sposed It shall be located at the intersechon of ~mportant streets The minimum size should be 1 acre and the maximum should be 2 acres Playground an open space designed and equipped for the recreation of chil- dren. A playground should be fenced and may include an open shelter Play- grounds should be interspersed within residential areas and may be placed w~thin a block Playgrounds may be included within Parks and Greens There should be no minimum s~ze and the maximum should be 1 acre Public Open Space: an open space available for unstructured recreation. It is located where the terminus of a street meets the rwer, and /or on the path leading to the terminus. Not Illustrated Central Petaluma Specific Plan SmartCode© Page 16 Section 4. Urban Standards 4.60- Landscape and Utility Standards 4.60.010- Applicability Landscape features within the Specific Plan area shall be designed and installed in compliance with the standards in Sections 4 70020, 470.030, and 6.10 050. 4.60.020 - Street Tree Design Principles Street trees, by virtue of a narrow tree trunk, provide transparency at the pedestrian's eye level, per- mitting a visual grasp of extensive areas of a city. The type, spacing, structure and pattern of street trees create a discrete rhythm that results from the arrangement of trees, expressing the particular site. Street trees create a smaller scale of space with their canopies that are sympathetic to the movement and perception of pedestrians. The diversity of individual trees is subordinated to the repetitive pattern of the whole, which unifies the individual pads into a single whole Street trees, when formed from a single tree species, create homogeneity of texture, pattern, light and shade, resulting in a collective impact that is more important than the individual trees. The ground surface is visually unobstructed to permit a clear expression of trees rising out of the ground 4.60.030 - Planting Guidelines Refer to the City of Petaluma Downtown Area Tree Planting Guidelines for street tree planting guidelines and tree selection. Wherever possible, continue established street tree planting in terms of tree species. 4.60.040 - Street Tree Planting Standards A. Planting patterns. Street trees shall be planted in allees consisting of parallel rows of trees, with trees planted in accordance with City of Petaluma Tree Advisory Committee guidelines B. Planting details. Street trees shall be planted per City of Petaluma Street Tree Planting Detail, page 101, with the addition of structural soil (see below). Install root barriers as required per City of Peta- luma Root Barrier Standard Detail Number 102. C. Soil. Placement of structural soil 8' minimum length along the street, centered on street tree, 6' m~ni- mum wide x 24" minimum deep is required as a planting medium under sidewalks for street trees in areas where new sidewalks are to be constructed. D. Mulch. Mulch shall be walk-on mulch, i. Irrigation. Irrigation shall be provided for street trees in areas where new sidewalks are to be con- structed. "Bladder" type irrigation may be provided by the City of Petaluma to existing sidewalk ar- eas on a case by case basis. F. Planter standards. Planters for street trees shall comply with the following standards. Central Petaluma Specific Plan SrnartCode~ Page 17 Section 4. Urban Standards 1. Planter coverings. Metal tree grates. Six inch wide panels of unpainted tree grates are required in the tree wells in sidewalks in the %5 & T-6 zones. In the %4 zone, street trees shall be planted in four-foot wide linear planter strips, or to match existing planter strip instead of a tree grate 2. Prohibited species. Turf shall not be allowed in street tree planters. 4.60.050- Underground Utility Requirements All electric and telephone facilities, fire alarm conduits, street lighting wiring, cable television and other wir- ing conduits, and similar facilities shall be placed underground by the developer. Wireless telecommunica- tions facilities are instead subject to the Zoning Ordinance The Council may grant a modification, including a complete waiver of this undergrounding requirement, after considering: A The purposes and nature of the proposed development; B. The extent to which utilities are undergrounded in the site vicinity; and C Potential adverse effects on the image of the City and the aesthetics of the site vicinity if the utihties are not undergrounded 4.70. Standards for Specific Land Uses 4.70.010. Applicability Where allowed by Section 2 (the Zoning Map), and Section 3 (Building Function Standards), the land uses and activities covered by Sections 4 80020 through 4.80 030 shall comply with the requ~re- merits applicable to the specific use, in addition to all other applicable provisions of this Code B. Each land use covered by this Section shall also obtain any required planning permit or other City ap- proval required by Section 3 of this Code. C. In the event of any conflict between the requirements of this Section and those of Section 4 (Urban Standards), the requirements of this Chapter shall control. 4.70.020- Live/Work Units Ao Purpose. This Section provides standards for the development of new live/work units and for the re- use of existing commercial and industrial structures to accommodate live/work opportunities Live/ work units are intended to be occupied by business operators who live in the same structure that contains the commercial actwity or industry A live/work unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements S. Application requirements. In addition to the information and materials required for a Conditional Use Permit (CUP) application by the Zoning Ordinance, a CUP application for a live/work unit shall in- clude a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards exist. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to residents. If the Phase I assessment shows potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to determine if remediation may be required. Central Petaluma Specific Plan SrnartCode~ Page 18 Section 4. Urban Standards Limitations on use. The non-residential component of a live/work prOject shall be a use allowed within the applicable zone by Section 3. A live/work unit shall not be established or used in conjunc- tion with any of the following activities: 1. Adult businesses: Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recrea- tional vehicles), vehicle detailing and painting, upholstery, etc.); No occupancy classified as an H occupancy by the California Building Standards Code shall be allowed. 4. Welding, machining, or any open flame work: and Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit resi- dents, because of the potential for the use to create dust, glare, heat, no~se, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes Density. One live/work unit shall be allowed for each 1,000 square feet of lot area, Design standards. Floor area requirements. The net total floor area of a live/work space shall be 1,000 square feet minimum and 3,000 square feet maximum. No more than 49 percent shall be reserved for living space as defined under "L~ve/Work Unit" in the Specific Plan glossary. All floor area other than that reserved for living space shall be reserved and regularly used for working space Separation and access. Each live/work unit shall be separated from other live/work units or other uses ~n the structure Access to each live/work unit shall be provided from shop- fronts, directly from the street from common access areas, corridors, or halls; and the ac- cess to each unit shall be clearly separate from other live/work units or other uses within the structure. Facilities to accommodate commercial or industrial activities. A live/work unit shall be designed to accommodate commercial or industnal uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. Building and fire code compliance. Any building which contains a live/work or work/live occupancy shall comply with the latest edition of the CBC and applicable building and life safety policies for such occupancies Operating requirements. Notice to occupants. The owner or developer of any building containing live/work units shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas State and Federal health regulations notwithstanding, noise and other standards shall be those appli- Central Petalurna Specific Plan SrnartCode~ Page 19 Section 4. Urban Standards cable to commercial or industrial properties in the applicable zone. Non-resident employees, Up to two persons who do not reside in the live/work unit may work in the unit unless this employment ~s prohibited or limited by the Conditional Use Permit in zones that require conditional use permits The employment of three or more persons who do not reside in the live/work unit may be permitted subject to Conditional Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The' employment of any persons who do not re- side in the live/work unit shall comply with all applicable Building Code requirements Client and customer visits. Client and customer visits to live/work units are permitted sub- ject to any applicable conditions of the Conditional Use Permit if applicable to ensure com- patibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas. Required findings. In zones where a live/work unit requires a Conditional Use Permit, its approval shall require that the review authority first make all of the following findings, in addition to the find- ~ngs required for CUP approval by the Zoning Ordinance: The proposed use of each live/work unit is a bona fide commercial or industrial activity con- sistent with Subsection C (Limitations on use). The establishment of live/work units will not conflict with nor inhibit industiial or commercial uses in the area where the project is proposed; and The building containing live/work units and each live/work unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental resi- dential accommodations meeting basic habitability requirements in compliance with applica- ble regulations; 4.70.030- Mixed-Use Projects A mixed-use project shall comply with the following requirements A. Design objectives. A mixed-use project shall be designed to: Provide shopfronts along street frontages to maintain a pedestrian orientation at the street level. Residential developments, including live/work, shall be designed such that ground floor units may be converted to retail/commercial shopfronts and to establish a clear, func- tional design relationship with the street front. 2 Provide for internal compatibility between the different uses within the prOject; Minimize the effects of any exterior noise, odors, glare, vehicular and pedestrian traffic, and other potentially significant impacts on the occupants of the residential portions of the pro- ject: Include specific design features to minimize the potential impacts of the mixed-use project on adjacent propertiesl 5. Ensure that the residential units are of a residential character, and with appropriate privacy; Be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of site planning, scale, building design, color, exterior materials, roof styles, lighting, I -IF Central Petalurna Specific Plan SrnartCode© Page 20 Section 4. Urban Standards landscaping, and signage. Bo Location of residential uses. A mixed-use project that provides commercial and/or office space on on the ground floor with residential units above (vertical mix) is encouraged over a project that pro- vides commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mix). Maximum density. When residential units are combined with office, or retail commercial uses in a single building or on the same parcel, the maximum density allowed by the applicable zone shall be calculated on the basis of the total area of the parcel. D. Loading areas Commercial loading areas shall be located as far as possible from residential units. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials als shall be located on the site in locations that are convenient for both the residential and non- residential uses. F. Lighting. Lighting for the commercial uses shall be appropriately shielded to not impact the resi- dential units. G. Noise. All residential units shall be designed to minimize adverse impacts from non-residential project ject noise, in compliance with the City's Noise Ordinance H. Non-residential hours of operation. The review authority may restrict the hours of operation of non- non- residential uses within a mixed-use project to mitigate adverse impacts on residential uses. 4.70.040- Building Material Guidelines All buildings should be designed and built to comply with the following guidelines: Building materials. Natural building materials that age gracefully are recommended. Synthetic materials, such as hardboard or cementitious siding, are also allowed if they faithfully simulate the natural material and have equal or better weathering characteristics. Vinyl materials. Vinyl windows, plastic gutters, siding, shutters or similar material should not be used in any renovation or adaptive reuse of an historic building and are discouraged in any new building C, Divided light windows. True divided light windows or simulated divided lights should be used in new construction and remodelin9. Windows with the grids between the glass are discouraged D. LEED standards. Wherever possible, building materials and systems should be used that meet the established standards and practices of the U,S. Green Building Council and "Leadership in En ergy and Environmental Design" (LEED) program. 4.70.050- River Dependent and Agricultural Support Industrial Notification River dependent and agricultural support industrial uses within the Central Petaluma Specific Plan area are typically 24-hour operations that frequently generate noise, dust, odors and light that may not be compatible with other uses in the immediate vicinity. In order to support these industries as an important contributor to the local economy, the following notification language shall be required as a condition of approval of any residential or commercial use where, in the opinion of the reviewing authority, the potential for concerns over compatibility may arise: A, Central Petaluma Specific Plan SrnartCode~ Page 21 Section 4. Urban Standard~ Notification Requirement. For each parcel subject to the requirement for notification, the developer/ applicant shall record the following notice in the Official Records of Sonoma County, and shall include the following notice in all sale, lease or rental agreements concerning any portion of such property: "This document shall serve as notification that you have purchased property or you are leasing or renting premises in an area where river-dependent and/or agricultural support industrial operations are located which may cause off-site effects including without limitation, noise, dust, fumes, smoke, light, and odors, and which may operate at any time of night or clay. The nature and extent of such operations and their effects may vary in response to fluctuations in eco- nomic circumstances, business cycles, weather and tidal conditions and other conditions. This statement is notification that these off-site effects are a compo- nent of the industrial operations in the Central Petaluma Specific Plan area of the City of Petaluma, and you should be fully aware of this at the time of pur- chase, lease or rental." iBLOCK & LOT DESIGN 3~ock Pe~mele~ , 1~% ~ st~c~r~ ~rk~ ~UILDING E~ Yarc ~ )r~,~l~ ~ Rele~ lo ~t~n ~ 20 BUILDI~ SETBACK ~ (~[~ IOIOl5~l~ a)ieYs) ~ 5~ ~oul~ ~ ~tt Iooul~~ 5it IOOu~ (~a5~ J~ cen~m~ ct m sRON TAGE ~ ~ ~on 4 ~ and ~mn 5 Te~a~ ~ L~hl Coun S~ ~a DE~I~ 25 ~ BLDG F~NT~GE REO'D [S~ ~ 5 10) BUILDING HE~HT ~nncl~) Bu~ S~bm 4 20 010) Ou~l~ sl~s ma~ ~ sl~es maz '~ ~hc~e )ARKI~ LOCATION PA~I~ ~tREMENTS ~n~ (F~ ~'~) 1 ~e ~ un,~ ~e ~, un,t ~ce ~ un,' Re/er ~o S~hon 4 20 -~'~ ~J~ ot~r u~s , BUILDI~ FUNCTION I~ ~on 3) ClOg SPACES (~e S~on 4 ~a~m Pa* ~n~ al wal~rOnl ~rmn~ at walemonl ~rm, n~ at watemonl Rete' to S~t,on 4 20 n Central Petalurna Specific Plan SmartCode© Pa§e 22 Section 5. Thoroushfare Standards 5.10.010- Applicability of Thoroughfare Standards The design and construction of a new or reconstructed street or alley shall comply with the standards of this Section applicable to the street type or alley identified on the Thoroughfare Key Map, as determined by the review authority. 5.10.020- Street Improvement Requirements Each approved subdivision or other development shall provide for the "fair share" construction on the site of all portions of streets shown on the Thoroughfare Key Map with required alignments. The relocation of a required street alignment may be allowed through the review of a specific subdivision or parcel develop- ment proposal, provided that the alternative alignment and proposed development shall: Comply with all the standards of this code applicable to the original street alignment (for example, ur- ban standards, architectural standards, landscape standards, and the thoroughfare standards); and B The alternative alignment maintains connections with all other streets that intersected the subject street in its original alignment. C The alternate alignment meets the block perimeter requirements in Section 4.10 (Urban Standards Table). Central Petaluma Specific Plan SrnartCode~ Pa~e 24 Section 5. Thorou§hfare Standards 12' 12' Si0ewalk Sidewalk w/4' square w/4' ~uare tree wells_.../ Parking I Bike I Lane ! Lane Bike :: ParkingI tree wells 48' Street Section 72' RO.W. Caulfield Extension Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 fi. maximum Lighting 15 ft. max. height Refer to Section 5,10--Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SrnartCode~ Pa~e 25 Section 5. Thoroughfare Standards 3' S~dew~k Easeme~l Note: SidewaJk easement applies only to new constru~on 3' SIdewalk Easement D Street Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft, maximum Lighting 15 ft. max. height Refer to Section 5.10 --Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SmartCode© Pa~e 26 Section 5. Thoroughfare Standards 12' Path Varies Varies 12' Path F Street Path Type Pedestrian/Bike Lightin~ 12 ft. max. height Refer to Section 5.10 --Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SmartCode~ Pa~e 27 Section 5. Thoroushfare Standards 9' 3' Sidewalk Ea~erne~l with 4' 12' ___t~ VV~ a _Lane Lane 48 Street Sec~on Street trees are not ~ P,~ [~~ ROW NOteS' 1 Re~,denbal stoo~ end step~ can be parallel or I;)eq3endicular Io I~ budding face 2 Commercial uses on first street have the OpbOn of having a the s~3e of the $~r~t 3 Angled parX~ng First Street Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft. maximum Lighting 15 ft. max. height Refer to Section 5.10 --Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SrnartCode· Pa~e 28 Section 5. Thoroughfare Standards 3' S~Oewalk Easement 9' S,dewalk wrt.~ 4' squar~ 8' 6' tree wells: Pa~ng [ Bike 12' 1~ Through 'rhrough La~ ~_I= Lane 52' Streel Sec-~on ?0' ROW. II 9' S~Oew~lk w~h 4' ~ 6' 8' ~uaret B~ke Parking , tree we~ls I i I I , 3' 5idew~ Ea~ernent Petaluma Blvd, North & South Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft. maximum Lighting] 15 fl. max. hei~]ht Refer to Section 5.10--Thoroughfare Standards Key Map for the location of this standard I-2 ? Central Petaluma Specific Plan SmartCode~ Page 29 Section 5. Thorou§hfare Standards 12' Sidewalk 12' J w~4' ~uare 18' i Back-up .... _~_e_e___w?ls~ 45° Angled Parking~ i Lane -- _ -- 48' Street Section 72' ROW 12' Sidewalk ~o' i 8' with 4' ~uare Lane _-_-Parkingv.~t- = tree wells .~ 1. In order to accommodate t~ trolley, parallel parking on the river s~de m8y be eliminated in some areas. 2. Street se~on may be otherWise vaned as required to accommodate trolley and existing retaining wall. Poultry Street (where adjacent to river's edge) Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft. maximum Lighting 15 fi. max, height Refer to Section 5.10 --Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SmartCode© Pa~e 30 Section 5. Thorou§hfare Standards / ..... Decorabve surface mounlecl I~§hts required on soffit of gatler~ or arcacle Th~s hghting needs to prO-de an ap~ropriale amount of I~gl~tJn§ for tt'~ sidewalk and adlacent l;~atX~ng lane. The C~y of Petaluma may require these I~hts lo be co~trolled by photoc~lt$ and/or timers to at, sum a~nate li~hbng of public way The coorchnal~on of lhe gallery/arcade hghts w~th tt~e st.~t lights is requirlKl see de§n~Ons and Sectx)n 4.40. '~ clue to ~e arcade/gallery ! Petaluma River _ 16' S~0ewSIk= =7' Parkin~ ~ t0' Lar~ .~ ~ 10' Lane = J' Pa~,r~:j_ . ~uar~ tree wells "- ~. ........................................ _6.~_R.O._W_ Turning Basin Drive Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft. maximum Lighting 15 ft. maximum height Refer to Section 5.10 --Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SmartCode~ Pa~e 31 Section 5. Thorou§hfare Standards DriVeway A,oro~ or SKUlk 20' Public Acoe~ Eas~mem 30' I~. for clnveway w/siclewalks. See note 5. D~veway .k~Of'Ort8, Or Notll: 1. Alleys not to exceed 300' in length, without review of the Petaluma fire marshal. 2. Garage atlics to be spnnklered 3. Fire Dept. to review §f~al location of alleys for workable staging areas to be created by painting red curbs as needed. 4. Lighting to be provided by downlights attached to the garages, or by surface lighting in parking areas, if the alley leads to a surface parking lot. 5. Face of building can move as required to allow for surface parking lots between the buildings, in the third layer of the lot. 6. In the first and second layers of the lot, alley to be 20' paved with 5' sidewalks for pedestrian access. Alley Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft. maximum Refer to Section 5.10 --Thoroughfare Standards Key Map for the location of this standard Central Petalurna Specific Plan SrnartCode~ Pa~e 32 Section 5. Thorou§hfare Standards Sidewalk i with4' 12' ~4 i Square 8,' 10' Back-up 18' ~ I tree wells I ParKing ! Lane Lane 5" Angled Parking .~_ i i 48' Street Section ~ ~!_ 66'RO.W. Siclewalk with 4' Square i tree wells Notes: 1 Angled parking on east-west streets to be on the north (Petaluma River/side of the street 2. Angled parking on north-south streets to be on the west side of the street. Commercial Street with Angled & Parallel Parking Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft maximum Lighting 15 ft maximum height Refer to Section 5.10--Thoroughfare Standards Key Map for the location of this standard Central Petalurna Specific Plan SmartCode© Page 3 3 Section 5. Thoroughfare Standards ~ 12' .c_ -~ Sidewalk w/4'Square Tree Wells O 10' 10' Travel Travel Lane Lane 36' Street Section 60' R.O.W. 12' Sidewalk w/4' Square Tree Wells Commercial Street with Parallel Parking Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft, maximum ki~]htin~ 15 ft. maximum height Refer to Section 5.10--Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SmartCode© Pa[le 34 Section 5. Thorou[lhfare Standards Sidewalk w/tree wells 12' 32' Street Section Sidewalk w/tree wells 56' R.O.W. Neighborhood Street II Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft. maximum Li~htin~ 15 ft maximum hei~]ht Refer to Section 5,10 --Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SmartCode~ Page 3 5 Section 5. Thorou§hfare Standards t2' ; 8' j 10' j 10' i 8' .._j.__ 9' Min. ,~ a w/4'Square :~ Lane Lane :~ iPathw/4' Tree Wells o.. ~. I Square 36' Street Section t Tree .................................................. -1 Wells' 57' ROW. ............. 'Note: Sidewalk/path is required along open space side of roadway for parallel parking purposes. It may be widened into a multi-use path and may use an alternate all weather material per the Petaluma River Access and Enhancement Plan. Sidewalk and river access path may also be independent of each other. Two-Way Edge Drive with Open Space on One Side Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft. maximum Lightin~ 15 ft. maximum height Refer to Section 5.10--Thoroughfare Standards Key Map for the location of this standard Central Petaluma Specific Plan SmartCode© Page 36 Section 5. Thoroughfare Standards 12' Sidewalk w/4' Square Tree Wells 10' Travel 10' Travel Lane Lane 36' Street Section 57' R.O.W 8' I 9' Min. ._~ ~ 1 ~S~dewatk~ -ff' { Pathw/4' Square Tree Wells' 'Note: A sidewalk is required along roadway next to railroad for parallel parking purposes. Sidewalk may be widened into a Class I bike path and it may use alternate alt-weather materials where bike paths are required adjacent to the railroad right-of-way Railroad Tracks Two-Way Edge Drive with Railroad Tracks on One Side Type Street Movement Free Movement Vehicular Design Speed 30 mph Traffic Flow Two Ways Curb Radius 15 ft, maximum Lighting 15 ft. maximum height I Refer to Section 5.10--Thoroughfare Standards Key Map for the location of this standard Central Petalurna Specific Plan SmartCode~ Page 3 7 Section 6. Parkin§ Standards It Procedures 6.10.010- Applicability A. Parking required. Each building and land use, including a change or expansion of a building or land use, shall provide parking areas in compliance with this Section. No building shall be occupied and no land use shall be commenced until the improvements required by this Section are completed and approved by the Director. a. Number of parking spaces. 1 Each site shall be provided the minimum number of parking spaces required by Section 4.10 (Urban Standards Table), except where the parking requirement is reduced or otherwise changed in compliance with Section 6 10 030. 2 On-street parking along the frontage lines of the site shall be counted toward fulfilling the parking requirements 3 Where Section 4.10 establishes a parking requirement based upon square feet (for example: "1 space/300 sq. fi"), the term "square feet" means the gross square footage of floor area. 4. Where Section 4.10 establishes a parking requirement based upon the number of units (for ex- ample: "1 space per unit"), the term "unit" means per dwelling unit, and each Live/Work Unit, including both its living space and working space, shall be counted as one dwelling unit 5 Where Section 4 10 establishes a parking requirement based upon the number of rooms (for ex- ample: "t space per room"), the term "room" means a guest room or suite, and no additional spaces are required for accessory facilities such as restaurants, meeting rooms, swimming pools, etc 6.10.020- Location of Parking A. Required off-street parking shall be located on the same parcel as the uses served unless off-site parking is authorized in compliance with Section 6 10.030.E (Off-site parking). Parking shall be lo- cated on each site in compliance with the parking layer requirements in Section 4.10 (Urban Stan- dards Table) The parking layers required by Section 4~ 10 are defined and illustrated as follows. 1. First layer. The area between the frontage line and the facade tine (See Illustration below) 2. Second layer. The area between the facade line and 20 feet from the facade. (See Illustration below) Note that the second layer is not required on the Secondary Frontage, 3. Third layer. That portion of the lot that is neither the first layer nor the second layer. Generally this portion of the lot extends to an alley or an interior lot line. (See illustration) Pmai:~ Fn:x~g~ L& Central Petaluma Specific Plan SmartCode© Page 38 Section 6. Parking Standards E Procedures 4. Surface parking. Surface parking shall be located in the third layer and masked by a streetwall or building, except that driveways and aprons may be located in the first or second layer See Urban Standards for maximum/minimum percent frontage requirements. For parking garages, parking shall be located as follows: · On the ground story, parking shall be located in the third layer and masked by a liner building. · On stories above the ground story, parking may be located in the second or third layers. · Parking in basement stories may be located in the second or third layers. Po- dium parking in the second layer must not be visible from a principal frontage. On secondary frontages, screening podium parking with hedges or vines is ac- ceptable. If parking is fully below grade, parking may be located in any layer. 6.10.030. Reduction of Parking Requirements The number of parking spaces required by Section 4.10 (Urban Standards Table) may be reduced, and the type or location of parking spaces required by this Section 6 may be modified as follows A. Alternative parking arrangements. The review authority may reduce the number of parking spaces or eliminate on-site parking requirements for projects where the applicant executes an agreement with the City to: 1. Pay a parking in-lieu fee; 2. Waive the right to protest the formation of a parking district, or 3. Provide some other fair share contribution acceptable to the review authority. The agreement shall be recorded. The parking in-lieu fee shall be set initially at $20,000 per parking space. Thereafter, the fee sched- ule for the City's parking in-lieu fees shall be reviewed and adjusted annually by the Director, with adjustments to the fee schedule coming into force on July 1 of each year The fee schedule may include differing in-lieu fees for properties located in different geographical areas of the City. Con- siderations in setting this fee schedule shall include (but are not limited to) the incremental cost to add additional parking spaces in the area surrounding the site. Shared on-site parking. Where two or more use~ on the same site have distinct and differing peak parking usage periods, (e g. a theater and a bank), a reduction in the required number of parking spaces may be allowed by the Director. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking wilt be maintained exclusively for the use or activity served for the duration of the use or activity Possi- ble options for determining shared parking arrangements include the Urban Land Institute Publica- tion Shared Parking Waiver of parking. The Director may reduce or waive the number of parking spaces required based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking stan- dards required for the proposed land use by other cities, etc ). Central Petaluma Specific Plan SmartCode© Pa§e 39 Section 6. Parking Standards It Procedures Waiver of parking - Off-hour uses. The review authority may waive the parking requirements of this Part for land uses that are determined by the review authority to operate exclusively when their peak parking demand occurs after the evening peak period parking demand for the Central Peta- luma area, and adequate on-street or public parking is available Waiver of parking - Reduction of water pollution and stormwater run-off. When a site is pro- vided with permeable parking areas, as described in Section 6 10.050 (Surfacing), the number of parking spaces required shall be reduced by 20 percent If only a fraction of the parking area is pro- vided with a permeable surface, then only a proportionate fraction of the 20 percent reduction in the parking requirement shall be granted (For example, if only half of the parking area is covered with a permeable surface, then only a t0 percent reduction of the parking requirement shall be granted; if only one-quarter of the parking area is permeable, only a 5 percent reduction shall be granted ) The Director may also reduce the number of parking spaces required by up to 20 percent when he or she determines that the design of the site's parking will capture and treat at least 90 percent of the parking area's first flush rain on-site (for example, using filter beds, subsurface infiltration basins or vegetated swales). Off-site parking. A project that is not located within a parking assessment district may locate re- quired parking away from the site of the proposed use 1. Location of parking. Off-site parking shall be located within a 1250 foot walking distance of the site. (This distance corresponds to a five minute walk) Where approved by the review au- thority, off-site parking may be located at a more remote site 2. Evaluation of proposal. In considenng a request for off-site parking at a distance of greater than 1250 feet the rewew authority shall consider whether adequate prowsions, such as shuttle service, have been provided to bring drivers from the parking to the s~te 3. Guarantee of continued availability. Required parking spaces that are off-site shall be commit- ted by a recordable covenant, lease, or other agreement, acceptable to the City Attorney. The parties to the covenant, lease, or agreement shall include the owners, and if applicable. the lessees of the off-site parking spaces and the owners, and if apphcable, the lessees of the subject site, with covenants reflecting the conditions of approval and the approved off- s~te parking plan. 4. Loss of off.site spaces. Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the parking requirements of this Section shall immediately notify the Director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties. Effect of termination of agreement. Upon notification that a lease for required off- site parking has terminated, the Director shall determine a reasonable time in which one of the following shall occur: (1) Substitute parking is provided that is acceptable to the Director; (2) The size or capacity of the use is reduced in proportion to the parking spaces lost; or (3) A parking in-lieu fee shall be paid for each space eliminated Central Petaluma Specific Plan SmartCode~ Page 40 Section 6. Parking Standards & Procedures 5. Valet parking. Off-site valet parking may be authorized through Conditional Use Permit ap- proval, provided that the off-site parking location shall comply with the requirements of Subsec- tions E.3 and E.4 above. Compliance with Subsections E.1 and E.2 is not required for valet park- 6.10.040. Disabled/Handicapped Parking Requirements Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code (UBC), the Federal Accessibility Guidelines, and/or California Code of Regulations Title 24, as applicable. These spaces shall count toward fulfilling the parking requirements of this Code. 6.10.050 - Parking Design and Development Standards Required parking areas shall be designed and constructed as follows, and in compliance with the guide- hnes of the Site Plan and Architectural Review Committee (SPARC). The standards of this Section may be modified by the SPARC where it determines that alternative parking designs and standards will more ap- propriately relate to the operating characteristics of the proposed development or new land use, while being equally effective in providing parking areas that are safe, convenient, use land efficiently, and are aestheti- cally attractive A. Access to parking. Parking, including parking garages, shall be accessed from an alley or secondary frontage when possible. The opening of a parking lot or garage on a frontage shall not exceed two lanes in width. Pedestrian entrances to all parking lots and parking garages shall be directly from a frontage line Only underground parking garages may be entered directly from a building Parking areas for nonresidential uses shall maintain a m,nimum unobstructed clearance height of 14 feet above areas accessible to vehicles B. Access to adjacent sites. Applicants are encouraged to provide off-street vehicle access to park- ing areas on adjacent properties to provide for convenience, safety, and efficient circulation. Shared pedestrian access between adjacent properties is also strongly encouraged. Parking space and lot dimensions. Parking lots and stalls shall be designed with the following minimum dimensions. Landscaping. Parking areas shall be landscaped in compliance with the following requirements. 1. Adjacent to residential use. A parking area for nonresidential use that abuts a residential use shall provide a six foot tall solid masonry wall or fence along the property line to address land use compatibility issues such as nuisance, noise and light/glare 2. Amount of landscaping. Each use shall provide landscaping within and/or around the parking area at a minimum ratio of 10 percent of the gross area of the parking lot. A minimum of one Angle of Parking Length of Parking Stall Width of Parking Stall Aisle Width 60° or tess (one-way) 18 ft 8.5 ft 18 ft. 90° (one-way) 90° (two-way) 18 ft. 8.5 ft. 22 G. Central Petaluma Specific Plan SmartCode© Pa§e 41 Section 6. Parking Standards Et Procedures shade tree shall be provided for each five parking spaces or trees provided to achieve 50% canopy coverage of paved area at maturity, whichever is greater. 3. Location of landscapin§. Landscaping shalt be evenly dispersed throughout each parking area. Orchard-style planting (placement of trees in uniformly-spaced rows) ~s encouraged for larger parking areas. 4. Irrigation. Irrigation shall be provided for landscaped areas Lightin§. Parking lot lighting shall comply with the following requirements. 1 Outdoor light fixtures shall be limited to a maximum height of 15 feet or the height of the nearest building, whichever is less 2 Lighting shall be energy-efficient, and shielded or recessed so that: a The light source (i e., bulb, etc.)is not visible from off the site; and Glare and reflections are confined to the maximum extent feasible within the bounda- ries of the site Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way. 3 No lighting on private property shall produce an illumination level greater than one footcandle on any property w~thin a residential zoning d~strict except on the site of the light source 4 No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director Striping and identification 1, Vehicle spaces. Parking spaces shall provide understandable markings to indicate where driv- ers should park. Subtle markings, such as contrasting colors in paving stones, are encouraged 2. Restriping. The restriping of any parking space or lot shall require the approval of a restriping plan by the Director. Surfacing. 1. Parking spaces and maneuvering areas shall be provided with all-weather surfaces consistent with City standards and as approved by the rewew authority. 2 The City desires to reduce stormwater run-off and water pollution, and to allow for the replenish- ment of groundwater. For parking areas, the goal is to reduce the amount of run-off generating surface area. Therefore, permeable surfaces for parking and maneuvering areas are encour- aged Acceptable permeable surfaces include: · pervious concrete; · pervious pavers (products such as Unipaver, Eco-stone and SF Rima or an approved equivalent); · gravel, bark or grass when reinforced to provide adequate load-bearing (including geo- technical structures such as Invisible Structures' Grasspave and Gravelpave products, or Central Petaluma Specific Plan SmartCode® Pase 42 Section 6. Parkin§ Standards E Procedures an approved equivalent); Other permeable sudaces may be approved by the Director. (Reference: Condon, Patrick and Stacy Moriarty, eds 1999. Second Nature: Adapting LA's Landscape for Sustainable Living. LA: Treepeople.) H. Loading. No loading spaces are required. Off-street loading spaces to be striped "loading zone" by The City of Petaluma by warrant 6.10.060- Bicycle Parking Bicycle parking shall be provided in compliance with the Petaluma Bicycle Plan as amended from time to time 6.10.070 - Sunset Clause: Establishment of Civic Parking Infrastructure Effective January 1, 2008, there shall be no minimum parking requirements for any use, notwithstanding the minimum parking requirements established in Sections 6.10.10. Additionally, before January 1, 2008, all m~nimum parking requirements for all uses shall be waived after the City Council makes all of the following findings: Effective Management of On-Street Spaces in the Downtown Area: An effective enforcement sys- tem (such as the Parking Color Zone system used in the City of Palo Alto's downtown) is in effect, preventing employees and others routinely from occupying on-street short-term parking spaces throughout the entire day Protection of residential neighborhoods from 'spill-over' parking: Residential neighborhoods have the option of adopting Residential Parking Permit Districts to protect the on-street parking in their neighborhood from being overwhelmed by the cars of downtown employees or others. Approval of New Public Parking: A secure site and a viable funding mechanism for new parking lots or garages, providing at least 300 net new parking spaces to the Central Petaluma Smart Code area, are in place. This parking area (or areas) may be a public or public/private venture, Central Petaluma Specific Plan SmartCodec Page 43 Section 7. Historic Resource Conservation E Preservation 7.10.010- Purpose The following standards are intended to protect sites and structures identified by the community as cultur- ally and/or historically significant, that contribute to Petaluma's character and identity, and that should be preserved and/or restored 7.10.020- Applicability No person shall alter the exterior of, construct improvements to, or demolish any historic structure except in compliance with the prowsions of this Specific Plan, which shall include the analysis required by the Califor- nia Environmental Quality Act (CEQA) to determine historic significance, and the effects of the proposed alterations. 7.10.030- Historic Landmark Designation The Council may designate an ~mprovement, natural feature, or site as an historic landmark and any area within the City as an historic district in compliance with this Section, based on the Council's evaluation of the age of the subject structures, distinguishing characteristics, distinct geographical area, familiar visual feature, significant achievement, and/or other distinctive feature. k. Procedure. The designation of an historic landmark or district on Petaluma's Historic Register, or the removal of an historic landmark or district from the register, shall comply with the procedure es- tablished by the Zoning Ordinance for amendments (Article 27), including public notice and a hear- ing in compliance with State law, a recommendation by the Historic and Cultural Preservation Com- mittee, and a final decision by the Council. Permit issuance during nomination process. No permit for any improvement or structure w~th~n a proposed historic district or relative to a nominated historic landmark shall be issued while the nomination process is pending C. Placement on the Historic Register. The nominated district, site, or structure shall be placed on the Historic Register after being officially accepted by the Council, and the designation shall be re- corded for each affected parcel in the off~ce of the Sonoma County Recorder. a. Removal from the Historic Register. A designated local resource may only be removed from the Local Register ~n the following cases: 1. When a Certificate of Appropriateness has been approved for demolition; or After five years of being designated, the property owner may submit a "de-nomination statement," outlining reasons for removal from the register The de-nomination request shall be processed in compliance with the procedure for nomination listed above. The de~nomination statement must provide written proof and documentation that the findings used to designate the structure were largely in error, or that new information has been discovered, material to the decision to designate a the resource, which was not discovered through the exercise of due diligence at the time of the original designation If delisting a designated resource is proposed, the lead agency shall conduct enwronmental review in compliance with the State Guidelines for the implementation of the California Environmental Quality Act (CEQA) as they relate to historic resources t,.,... Central Petaluma Specific Plan SmartCode® Page 44 Section 7. Historic Resource Conservation E Preservation 7.10.040- Certificate of Appropriateness- General Requirements Purpose. A Certificate of Appropriateness (COA) is intended to protect structures, ~mprovements, natural features, objects, and areas of architectural, cultural, economic, historic, political, and social importance from unnecessary and/or inappropriate alteration, demolition, or removal C. Applicability. A COA is required for the alteration, demolition, moving, or removal of any landmark or structure designated on the City's Historic Register, any individual cultural resource or any con- tributing cultural resource within a historic district, and for any alteration, demolition, moving, or re- moval of any potential cultural resource identified through the City's review of a land use and/or de- velopment permit application or CEQA review, by the City, any agent of the City, or a private party. A COA shall be required: 1 In addition to any other permits required by this Specific Plan and the Zoning Ordinance; and 2. Shall accompany any permit or any work otherwise altering the architectural features or appear- ance of the resource Alteration shall mean any act or process, through private or public action, that changes the specified character defining a cultural resource or significant physical features or architectural appearance of a cultural resource, including the reconstruction, new construction additions, repair, restoration, re- habilitation, replacement or removal of any resource Changes in character include modification of a structure, architectural detail or visual characteristic (e g., grading, paint color, surface texture), surface paving, the addition of new structures, the cut- t~ng or removal of trees, landscaping and other natural features, the disturbance of archaeological sites or areas, and the placement or removal of any significant objects (eg,, fences, landscaping and accessories, light fixtures, plaques, signs, steps, street furniture, and walls) affecting the signifi- cant visual or historical qualities of the property. When approving a COA, the rewew authority may permit a waiver of development standards for designated cultural resources only. Application preparation and filing. A Certificate of Appropriateness application shall be filed with the Department. The application shall include plans and specifications showing the proposed change in architectural appearance, color and texture of materials, the proposed architectural de- sign of the structure, and any additional information required by Director. The application shall also show the relationship of the proposed work to the surrounding environs. A COA application may propose discreet alterations of a cultural resource or may propose a long-term plan of rehabilitation and preservation of a particular resource Application for demolition. An application for demolition of a historic resource, a structure within a historic district, or for new construction on a cultural resource property shall include plans and speci- fications for the proposed new structure or addition and shall include information pertaining to land- scaping, massing, relationship to site and streetscape, scale, and signs The application shall be accompanied by any other information that the Director determines is required for an informed evaluation of the proposed work. Within a historic district. Both individual resources and contributing resources are subject to all Certificates of Appropriateness findings and requ~rements. Non-contributing resources are not sub- ject to the requirements of this Section, but will be reviewed to ensure that proposed development on the non-contributing property wilt not degrade the historical character of the historic district. If Central Petaluma Specific Plan SmartCode© Pa§e 45 Section 7. Historic Resource Conservation It Preservation non-contributing resources are proposed to be demohshed, a COA shall be required to ensure that the proposed development wilt not degrade the historical character of the historic d~strict. CEQ. A. The review and approval of a COA shall require environmental review in compliance with the California Environmental Quality Act (CEQA) as it relates to historic resources 7.10.050. Certificate of Appropriateness- Review and Approval A public hearing shall be scheduled for a Certificate of Appropriateness (COA) requiring Historic and Cul- tural Preservation Committee approval as soon as practicable after receipt of the application Public hearing notice. Notice of the public hearing shall be given at least 10 days prior to the hearing by mailing to the property owner of record and all owners of property within 300 feet of the exterior boundaries of the site, and by publication ~n a newspaper of general circulation within the City. B. Review and approval. Criteria for review. In evaluating a COA application, the rewew authority shall use any applica- ble design guidelines, and the Secretary of the Interior's Standards for Rehabilitation and shall consider the factors (eg., the existing and proposed architectural style, arrangement, color, de- sign, materials, and texture to be used) with regard to the original distinguishing architectural characteristics of the cultural resource In addition, the Director may require that the proposed work be reviewed by a preservation architect The actual work shall be completed by a preserva- tion contractor or someone with demonstrated expertise in the field. Wherever feasible, the State Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used ~n permitting any alteration to a cultural resource. Authority of Historic and Cultural Preservation Committee. The Historic and Cultural Preser- vation Committee may approve or deny a COA, in whole or in part Not~ce of the Historic and Cultural Preservation Committee decision shall be sent to the applicant, owner and occupants of the property within 10 days of the date of the Historic and Cultural Preservation Committee's deci- sion. Authority of Director. The Director may approve a COA for a proposal for minor architectural elements and details, paint or other colorings or finishes, m~nor s,te improvements, or signage. Director approval of a COA shall require making all of the findings required by Subsection D., but does not require a public hearing or public notice. The Director may also approve fences, re- placement of window glass, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Director to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with any applicable prescriptive standards and/or design guidelines adopted by the City, and/or the guidelines of the Secretary of the Intenor's Standards for Rehabilitation. Minor changes or modifications to a COA can be approved by the Director, even if the Director was not the approving body. The Director may refer any COA application to the Historic and Cultural Preservation Committee for hearing and decision. C. Investigation for COA. The review authority may require the applicant to furnish material evi- dence, as needed, supporting the request for alteration, demolition, or removal of a cultural re- source or to give testimony and furnish evidence of any or all of the following, where appropriate: 1 Cost estimates for the proposed alteration, construction, demolition, or removal, and an estimate of the costs that would be incurred to comply with the requirements of the COA; Central Petaluma Specific Plan SmartCode® Pa~e 46 Section 7. Historic Resource Conservation E Preservation 2. A written report from a hcensed structural engineer with experience and expertise with historic structures and rehabiiitation, as to structural integrity and suitability for rehabilitation; Estimated market value of the property in its current condition and estimated market value after completion of the proposed alteration, construction, demolition, or removal as compared with any changes required by the COA. In the case of a proposed demolition, an estimate from an appraiser, architect, developer, real estate consultant, or other real estate professional experienced in rehabilitation as to the eco- nomic feasibility of rehabilitation or adaptive reuse of the existing structure on the property and its market value for continued use after rehabilitation: For income-producing properties, information on annual gross income, current assessed property valuations, current property value appraisals, depreciation, reductions, and annual cash flow after debt service, operating and maintenance expenses, real estate taxes, and other information con- sidered necessary by the review authority to determine whether substantial evidence of economic hardship exists; 6. Remaining balance on any mortgage or other financing secured by the property for the previous two years: 7. Ali appraisals obtained within the previous two years by the owner or applicant in connection with the financing, ownership, or purchase of the subject property; Amount paid for the property, the date of purchase, and the party from whom purchased, includ- ing a description of the relationship, if any, between the owner of record or applicant and the per- son from whom the property was purchased, and any terms of financing between the seller and buyer Additionally, any listing of the property for sale or rent, prices asked and offers received, if any, within the prewous two years; 9. Assessed value of the property according to the two most recent assessments; t0 Real estate taxes for the previous two years; 11. Form of ownership or operation of the property, whether sole proprietorship, for-profit or non- profit corporation, limited partnership, joint venture, or other; and 12 Other information considered necessary by the review authority for a determination as to whether the property does yield or may yield a reasonable return to the owner. Findings for Certificate of Appropriateness. 1. Alterations, generally. A COA shall be issued for a proposed alteration only if the review au- thority first finds that: The proposed work will neither adversely affect the significant architectural features of the cultural resource nor adversely affect the character or historic, architectural, aesthetic interest, or value of the cultural resource and its site; and The proposed work conforms to any prescriptive standards and design guidelines adopted by the City for the padicular resource, and to the Secretary of the Interior's Standards for Rehabilitation, and does not adversely affect the character of the cul- / Central Petaluma Specific Plan SmartCode~ Page 47 Section 7. Historic Resource Conservation E~ Preservation rural resource: and In the case of construction of a new improvement upon a cultural resource property, the use and design of the improvement shall not adversely affect, and shall be com- patible with, the use and design of existing cultural resources within the same historic district; and 2. Alterations found not to be adverse. The effect of alteration on a cultural resource that would otherwise be found to be adverse may be considered not adverse for the purpose of this Section when the alteration is: a Limited to the rehabilitation or restoration of improvements; and Conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with any prescriptive standards adopted by the City for that cultural resource, cultural resource property, or historic district, and the guidelines of the Secretary of the Interior's Standards for Rehabilita- tion. Conditions for Certificate of Appropriateness. The Review Authority may approve a Certificate of Appropriateness subject to any condition deemed necessary or desirable to effect the purposes of this Part. The conditions shall be covenants running with the land. Period of validity of Certificate of Appropriateness. A COA shall become void unless construc- tion is commenced within 24 months from the date of approval A COA may be renewed for 24- months by applying to the Department a mimmum of 30 days before the expiration of the certificate The rewew authority may grant an extension for another 24-month period A COA may be extended only twice, and a new COA is required thereafter. If the project is not completed within 24 months after the expiration of the last Building Permit, a new Certificate of Appropriateness shall be required to complete the work 7.10.060- Certificate of Appropriateness- Proposed Demolition The following requirements may apply in cases involving proposed demolition in addition to ali other appli- cable provisions of this Part A, Required findings. The Historic and Cultural Preservation Committee shall approve a COA for the demolition of a cultural resource only ~n conjunction with the concurrent approval of a proposed re- placement project, and only after first making all of the following findings. 1 The cultural resource cannot be remodeled, rehabilitated or re-used in a manner that would allow a reasonable use; 2 Denial of the application will diminish the value of the subject property so as to leave substantially no value; and 3. The cultural resource cannot be remodeled, rehabilitated, or re-used ~n a manner that would allow a reasonable rate of return Justifiable hardships. Personal, family or financial difficulties, loss of prospective profits and Building Code violations shall not justify the issuance of a COA. C. Economic hardship. Demolition not in compliance with the findings required by Subsection A may .,,,.,... Central Petaluma Specific Plan SmartCode® Page 48 Section 7. Historic Resource Conservation Et Preservation be approved only in cases of economic hardship Economic hardship is defined as a substantial cost to the property owner that ~s patently unreasonable ~n comparison to the benefit conferred to the community should the owner be limited to following the guidelines for preserving or protecting the property. In order to approve demolition on the basis of economic hardship, the Historic and Cultural Preservation Committee may require that some or all of the following findings are made: 1. Disapproval would substantially diminish the value of the property; The sale or rental of the property is impractical when compared to the cost of holding the property for uses allowed in the subject zoning district; 3 An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical; 4. Disapproval would unreasonably damage the owner of the property in comparison to the benefit conferred on the community; All means involving City sponsored incentives (eg., amendments to this Specific Plan and/or the Zoning Ordinance, Building Code modifications, financial assistance, and/or grants) have been explored to relieve possible economic hardship; Without approval of the proposed construction, demolition, exterior alteration, remodeling, or re- moval, the reasonable use of or return from a designated landmark or property within an h,storic district will be denied a property owner; and In the case of a proposed demolition, the Director shall make an additional finding that the desig- nated landmark cannot be remodeled or rehabilitated in a manner that would allow a reasonable use of or return from the property to the owners. Effect of demolition. If approval of a COA will result in the demolition of a cultural resource, the applicant shall be required to memorialize the resource proposed for demolition in compliance w~th the standards of the Historic American Building Survey (HABS). The documentation may include an archaeological survey, floor plans, measured drawings, photographs, or other documentation speci- fied by the Historic and Cultural Preservation Committee. When appropriate, the Historic and Cultural Preservation Committee may require that a memoriali- zation of the resource be incorporated into the proposed redevelopment of the site including the following. 1. Book or pamphlet; Photographic display; 3. Small museum or exhibit; 4. Use of original fixtures; and/or 5. Other methods deemed appropriate by the Historic and Cultural Preservation Committee. 7.10.070 - Certificate of Appropriateness. Disaster Damage A Certificate of Appropriateness ~s required to alter, add to, repair, restore, reconstruct, demolish or replace a disaster-damaged cultural resource in compliance with this Specific Plan, except where the Building Offi- Central Petaluma Specific Plan SmartCode© Page 49 Section 7. Historic Resource Conservation E Preservation cial determines that an unsafe or dangerous condition exists in compliance with Section 7.10100 (Unsafe or Dangerous Condition). 7.10.080 - Adaptive Re-Use and other Rehabilitation Incentives B, D, Purpose. The rehabilitation incentives provided by this Section are intended to encourage the maintenance, preservation, and rehabilitation of cultural resources in the City, recognizing that maintaining and rehabilitating a cultural resource places increased burdens on the affected property owner These rehabilitation incentives are intended to reduce those burdens so that property own- ers will be encouraged to invest in maintaining the City's cultural resources Applicability. Upon designation of a structure or improvement as a designated cultural resource, the property owner may apply to the Council for aid and assistance in rehabilitating the resource The apphcation for rehabilitation incentives ~s considered the necessary planning perm,t; the appli- cant need not submit additional applications for other permits required by this Specific Plan or the Zoning Ordinance, but shall comply with any City requirements for a Building Permit, Grading Per- mit. etc. Types of incentives allowed. The Council may grant any or all of the following rehabilitation .n- cent~ves 1. Adaptive reuse, including the approval of a change to a land use that is not otherwise allowed in the zone, but which is permitted in other zones; 2 Mills Act Agreements; 3 Permit fee waivers: and/or 4 Reduction and/or substantial modification in the development standards of this Specific Plan and/ or the Zoning Ordinance, Application content. Applications shall include the information required by the Director. Review and approval of rehabilitation incentives. 1. Hearing and action. The Historic and Cultural Preservation Committee shall hold a public hear- ing to determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or deny any incentives The action of the Historic and Cultural Preservation Committee on a Mills Act agreement shall be a recommendation to the Council; the Council has final ap- proval authority in Mills Act decisions Public notice for the hearing shall comply with State law. 2. Required findings for approval. The Historic and Cultural Preservation Committee may recom- mend or grant rehabilitation incentives, only after first making all of the following findings: a. Findings for all incentives. Each incentive to be granted serves to compensate the property owner for the increased burden, in terms of maintenance and expense, that rehabilita- tion would entail; (2) No approved incentive would impair the aesthetic, architectural, or historic integrity of the resource; and Central Petaluma Specific Plan SmartCode® Pa~e 50 Section 7. Historic Resource Conservation E Preservation (3) No proposed incentive would be detrimental to the public health, safety, or general welfare Findings for adaptive reuse. In addition to the above findings, the Historic and Cul- tural Preservation Committee shall make the following findings for the approval of adaptive reuse: (I) The change of use would occupy no more floor area than the original use; (2) The proposed use would not significantly impair the physical character of the area in which it is located; and (3) The change of use would result an substantial restoration of the significant and architectural features or exterior architectural appearance of the re- source, and/or will result in a maintenance plan that will ensure the upkeep and continued maintenance of the resource over the expected life of the pro- ject. 3. Conditions of approval. In approving rehabilitation incentives, the Historic and Cultural Preser- vation Committee may impose any conditions of approval deemed necessary to ensure compati- bility between the new use and the surrounding area, 7.10.090- Duty to Maintain and Repair The owner, occupant, or other person in actual charge of a cultural resource shall keep ~n good repair all of the exterior portions of the improvement, structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature and any other specifically designated features of the property If periodic maintenance and upkeep is not done, and the resource falls into disrepair, the fact that it is in disrepair may not be used as justification for demolition or any other al- teration which would cause adverse effect as defined in this Part. 7.10.100- Unsafe or Dangerous Condition In the case of damage to a structure that is the result of an isolated incident, the Director may approve a Certificate of Appropriateness for a structure for which there is a threat of imminent hazard as determined by the Building Official, without public notice In the case of widespread damage to structures throughout the City (as in the case of an earthquake), the Director shall stay all notices to demolish designated or po- tential cultural resources, including all structures in designated or potential districts, until a structural engi- neer with expertise in the restoration of historic structures has evaluated the nature and extent of the dam- age to each structure, and recommended steps to stabilize each structure. The City shall stabilize or iso- late damaged structures to permit persons with appropriate expertise to further evaluate the damage. In cases where a structural engineer with expertise in the restoration of historic structures has determined that the building cannot be stabilized, then the Director may issue a Certificate of Appropriateness for the demo- lition of one or more structures. Central Petaluma Specific Plan SmartCode~ Page 51 Section 8. Code Administration 8.10.010- Purpose The requirements of Section 8 govern the administration of this Smart Code. 8.10.020 -Interpretation of Code Provisions Authority. The Director has the authority to interpret any provision of this Code Whenever the Director determines that the meaning or applicability of a provision is subject to interpretation, the Director may issue a written interpretation The Director may also refer an issue of interpretation to the Commission for their determination B. Application of Code requirements. Continuation of an existing land use. An existing land use within the specific plan area is lawful and not in violation of this Code only when operated and maintained in compliance with all applicable provisions of this Code, except as may otherwise be pro- vided by Article 25 of the Zoning Ordinance (Nonconforming Uses) However, the re- quirements of this Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Code or any applicable amendment 2. Effect of specific plan changes on projects in progress. An application for a Zoning Permit, Site Plan and Architectural Review, Con- ditional Use Permit, or Variance that has been accepted by the Department as complete prior to the effective date of this Specific Plan or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete A project that is under construction on the effective date of this specific plan or any amendment, need not be changed to satisfy any new or different re- quirements of this specific plan, provided that the approved use of the site shall be established, ~ncluding the completion of alt structures and other fea- tures of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension Minimum requirements. The provisions of this Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Code provides for discretion on the part of a City official or body, that discretion may be exer- cised to impose more stringent requirements than set forth in this Code, as may be de- termined by the review authority to be necessary to promote orderly land use and de- velopment, environmental resource protection, and the other purposes of this Code C, Language. When used in this Code, the words "shall," "must," "will," "is to," and "are to" are al- ways mandatory "Should" is not mandatory but is strongly recommended; and "may" is permis- sive. The present tense includes the past and future tenses; and the future tense includes the present The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean hncluding but not limited to..." Time limits. Whenever a number of days is specified in this Code, or ~n any permit, condition of approval, or not~ce provided in compliance with this Code, the number of days shall be construed as calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday. Central Petaluma Specific Plan SmartCodec Pa§e 5 2 Section 8. Code Administration Calculations - Rounding. Where prowsions of this Code require calculations to determine appli- cable requirements, any fractional results of the calculations shall be rounded as provided by this Subsection Residential density, minimum lot area and number of lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number. All other calculations. For all calculations required by this Zoning Code other than those described in Subsection E.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 05 or more, and to the next lowest whole number when the fraction is less than 0.5. Zone boundaries, tf there is uncertainty about the location of any zone boundary shown on the Zoning Map, the precise location of the boundary shall be determined in compliance with Zoning Ordinance Section 3-200 (District Boundaries). Allowable uses of land. A land use that is not listed in the table or is not shown in a particular zone is not allowed, except as follows Required findings. The Director may determine that a proposed use is similar and compatible to a listed use and may be allowed, only after first making all of the following findings: The characteristics of, and activities associated with the proposed use are similar to one or more of the listed uses, and will not involve a greater inten- sity than the uses listed in the district; The proposed use will be consistent with the purposes of the applicable zone; The proposed use will be consistent with the General Plan and this Specific Plan; d. The use will be compatible with the other uses allowed in the district; and e. The proposed use is not listed as allowable in another zone. A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing Applicable standards and permit requirements. When the Director finds that a pro- posed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in terms of where it is allowed, what permits are re- quired, and what other standards and requirements of this Specific Plan apply. Referral for determination. The Director may refer the question of whether a pro- posed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting. 4. Appeal. A determination of similar and compatible use may be appealed in compliance 8.10.030 A. C. Central Petaluma Specific Plan SmartCode© Page 5 3 Section 8. Code Administratior with Section 8.10 040 (Appeals) · Limited Term Permits Purpose. This Section establishes procedures for the granting of ministerial Limited-Term Per- mits for short-term activities. Applicability. A Limited-Term Permit allows the shod-term activities listed in Subsection E. (Allowed Temporary Uses), that may not comply with the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. Review authority. A Limited-Term Permit may be approved or disapproved by the Director compliance with this Section. Exempt temporary activities. The following temporary activities are allowed without the neces- sity of obtaining a Limited-Term Permit Temporary activities that do not fall within the following categories shall comply with Subsection E Construction yards - On-site. On-site contractors' construction yards, for an ap- proved construction project The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authoriz- ing the construction project, whichever occurs first. 2. Emergency facilities. Emergency public health and safety needs/activities. Public property, or public right-of-way. Activities conducted on public property that are approved by the Council or as otherwise required by the Municipal Code Fund-raising car washes. Fund-raising car washes on property within a commercial, industrial zone, or on institutional property Events on sites approved for public assembly. An event on the site or within a reli- gious facility, school, golf course, theater, or other similar facility designed, and ap- proved by the City for public assembly Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business, prowded that: The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure; b The use is appropriate because: The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the Building Per- m~t for the permanent structure, whichever first occursl or (2) The apphcant has demonstrated that the temporary work site is a short-term necessity for a maximum of one year, while a permanent work site is being obtained; and c. The trailer is removed prior to final building inspection or the issuance of a Central Petaluma Specific Plan SmartCode~ Page 54 Section 8. Code Administration certificate of occupancy for the permanent structure. Allowed temporary uses. A Limited Term Permit may authorize the following temporary actiw- ties within the specified time limits, but in no event for more than 12 months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the prop- erty. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainmentJsporting events, rodeos, rummage sales, second hand sales, and swap meets for up to seven consecutive days, or six three-day weekends, within a 12-month period, allowed only on non-residential properties. Location filming. The temporary use of a specific site for the location filming of com- mercials, movies, videos, etc, for the t~me specified by the Director, but not to exceed 12 months. Seasonal sales lots. Seasonal sales actiwties (e.g., Halloween, Thanksgiving, Christ- mas, etc)including temporary residence/security trailers, on non-residential properties, for up to 35 days. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale or least of units on the site, An application for a temporary real estate office may be approved for a maximum of one year from the date of approval Temporary structures. A temporary classroom, off~ce, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or as the first phase of a development project. Similar temporary activities. A temporary activity that the Director determines is simi- lar to the other actiwties listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses Development standards. The Director shall estabhsh the following standards based on the type of temporary use, us~n§ the requirements of Section 4.10 (Urban Standards Table)for guidance: Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development ~mprovements and features; Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Code: and Limitation on the duration of approved "temporary structures," to a maximum of one year, so that they shall not become permanent or long-term structures. Project review, notice and hearing. Each application shall be reviewed by the Director to en- sure that the proposal complies with all applicable requirements of this Code. 1. Public notice. Prior to a decision on a Limited Term Permit, the City shall provide no- Central Petaluma Specific Plan SmartCode~ Page 5 5 Section 8. Code Administration rice of a public hearing The notice shall state that the Director wilt decide whether to approve or disapprove the Limited Term Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any inter- ested person prior to the specified date for the decision. Hearing. When a hearing ~s requested, notice of the hearing shall be provided in com- pliance with State law, and the Director shall conduct the public hearing prior to a deci- sion on the application in compliance with State law. Findings and decision. A Limited-Term Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the pro- posed activity. Performance security for temporary structures. Prior to issuance of a Limited-Term Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Limited-Term Permit. Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or re- moval of the activity, and shall thereafter be used in compliance with the provisions of this Code. A bond may be required before initiation of the activity to ensure cleanup after the activity is fin- ished 8.10.040- Appeals A, Purpose. This Section establishes procedures for the appeal and review of determinations and decisions of the Director or Commission Appeal subjects and jurisdiction. A determination or decision by the Director or Department staff may be appealed to the Commission. A decision by the Commission may be appealed to the Council. C. Filing and processing of appeals. Eligibility. An appeal in compliance with this Section may be filed by any aggrieved person, except that in the case of a decision on a Conditional Use Permit, and/or other Commission decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing. Timing and form of appeal. An appeal shall be submitted in writing and filed with the Department or City Clerk, as applicable, on a City application form, within 10 days of the date of the decision. The appeal shall state the pertinent facts and the basis for the appeal. Appeals addressed to the Commission shall be filed with the Department; ap- peals addressed to the Council shall be filed with the City Clerk Appeals shall be ac- companied by the required filing fee. Report and scheduling of hearing. When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for a public hearing by the ap- Central Petaluma Specific Plan SmartCode~ Pase 56 Section 8. Code Administration propriate review authority identified in Subsection B. Public notice of the hearing shall be provided at least 10 days before the hearing by mailing to the appellant, and all own- ers of property within 300 feet of the boundaries of the site that is the subject of the appeal Decision. At a hearing on an appeal, the review authority may consider any issue ~n- volving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. The review authority may: Affirm, affirm in part, or reverse the action, determination or decision that is the subject of the appeal; Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal; Disapprove the land use permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval; and In the case of an appeal of a Commission decision to the Council, the Council may choose to not conduct a hearing on the appeal, based on their rewew of the report and Commission decision This action by the Council shall consti- tute affirmation of the decision being appealed. If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission for further consideration. Withdrawal of an appeal of a Commission decision. After filing, an appeal of a Commission decision shall not be withdrawn except w~th the consent of the Council 8.10.050- Enforcement The prowsions of this Code shall be enforced in compliance with the requirements of the Petaluma Munici- pal Code Central Petaluma Specific Plan .......,.~~ Architectural Guidelines Page 1 Architectural Character in the Specific Plan Area The architectural character of Petaluma is a fortui- tous blending of nineteenth and twentieth century styles, ma- terials and patterns. In particular, Petaluma west of the 101 Freeway, reflects an eclectic mix of the stately neo-classical public buildings, colorful and ornate Victorian residential and commercial buildings juxtaposed with utilitarian metal and brick commercial structures of simple form and post-WWll modernism. Throughout the Central Petaluma and Old Downtown area, this quilt-work of materials, forms and pat- terns co-exist amicably, often side by side. The central guiding principal for design and develop- ment within the Central Petaluma Specific Plan Area is that the architecture should preserve and strengthen the much prized character of the existing town and its distinct neighbor- hoods while creating a compatible character in newly devel- oped areas. It is not the intention of the Specific Plan to pro- mote "historical reproductions" of any existing architectural style or building type. Developers and designers are free to explore new ideas, forms and materials and to seek project design approval through the process outlined elsewhere in the Specific Plan. It is the intention of the Specific Plan that developers and designers take time to understand the pat- terns inherent in the existing architectural character of Peta- luma in the belief that new structures can be designed which spring from and relate to the existing context without imped- ing innovation, and projects can be approved and con- structed more expeditiously. It is expected that new designs will strengthen and enhance some existing patterns and precedents while de-emphasizing others and may set prece- dents for designs that follow. A pattern is any unique organization of elements which can be repeated. For instance, a pattern could be how close a building is to the street or to the adjacent building, or the way that window and door openings are organized in the facade of a building, or the predominant slope and shapes of a roofs in a neighborhood, or what type of materials are pre- sent and how they are typically used. The totality of all the patterns in an area describe and determine its architectural character. What are the key patterns which underlie the archi- Central Petaluma Specific Plan Architectural Guidelines Page 2 tectural character envisioned for each of the zoning districts of the Central Petaluma Specific Plan area? How will design- ers, planning staff and regulatory bodies evaluate whether a proposed architectural design is consistent with the intention of the Specific Plan and the promotion of these patterns? This section seeks to give guidance to prospective develop- ers, designers and regulatory agents alike. The direction given here should be used in conjunction with the Smart Code, Zoning Map, and applicable Specific Plan policies Central Petaluma Specific Plan Architectural Guidelines Page 3 Area 1: Petaluma Boulevard Corridor from B Street to Lakeville Street Existing Patterns The existing building pattern along Petaluma Boule- vard is predominantly one and two story Victorian storefronts and mid-century remodels from B Street to Lakeville Street. The condition and character of the building facades between B Street and Washington Street vary, but as a whole are strong because of the consistent relationship of buildings to the street edge and the mirroring of similar building type, form and level detail either side of Petaluma Boulevard. Some buildings have projected canopies and awnings at the sidewalk and some entrances are sufficiently recessed to provide cover or a location for sidewalk dining. There is suffi- cient detail on the buildings to create interest and some the larger structures are rich compositions of window, door and trim patterns and variation of scales. Openings and building facades are generally vertical in proportion. North of Washington Street, the consistency of this historic urban pattern along Petaluma Boulevard begins to breaks down. On the west side of the street, the Bank of America building is far less interestingly detailed and seems out of place. An inaccessible park and unattractive, single story retail stores and parking lots follow in succession. On the east side of the street, the urban pattern also breaks down because there are voids between and in front of some buildings. Recommended Design Approach The patterns of form, facade articulation, light and shadow, and color present in existing two and three story structures south of ......... Washington ' ""~--_ should be , ~:~], used to W~?~?~:;i' !.?:~ .. guide design in new de- , i ..... ~- velopment both north ..?' ..... and south of Central Petaluma Specific Plan Architectural Guidelines Page 4 Washington Street to strengthen the existing urban charac- ter. Building heights should be two stories minimum with some variation of overall height at the cornice line allowed. Buildings should have sufficient detail to extend the richness already present, but need not be as elaborate or identical to the Victorian forms. Voids between buildings should be re- moved so that there is continuous building line along the street edge if possible. The proportion and placement of building elements such as openings, and the wall and finish materials selected should be compatible with the precedent pattern of north Petaluma Boulevard. Cement plaster, cast- in-place and precast concrete, brick, and smooth surfaced wood or composite materials may be acceptable wall siding materials when used in character with precedent patterns. Area 2: Water Street and Poultry Street Existing Patterns Water Street and Poultry Streets were originally ac- cess roads to the back sides of buildings fronting towards Petaluma Boulevard. The existing patterns of materials and form along the west side of the Petaluma River from Western to Lakeville Street is far more utilitarian and rough than the building "fronts" facing Petaluma Blvd. It is this roughness of form and material which gives this edge its unique character, and a strong design precedent. Existing patterns and materi- als include: brick, stone and metal walls, gable and shed (single slope) roof forms, irregular window sizes and place- ment, arched window heads, and other characteristic forms and details. Recommended Design Approach The Specific Plan envisions improvements and ex- tension to Poultry Street and improved pedestrian access to the rivers edge. Unlike the aligned building walls and two story height along Petaluma Boulevard, greater variety in building height (2 to 4 stories), facade placement and articu- lation is desirable along Water and Poultry Streets. Balco- nies, Terraces, Arcades and Colonnades are possible along Central Petaluma Specific Plan Architectural Guidelines Page 5 the river side of the buildings. Gable and single pitch roofs are possible as well as flat roofs with parapet and cornices. Materials evocative of the utilitarian historical character of the area should be emphasized, such as brick, metal siding, stone and cast stone, wrought iron, metal or other durable ma- terial. Buildings may also front to interior courts, pla- zas, and walks providing light and views in multiple directions when they are connected to pedestrian ways along Water Street or Poultry Street. Detailing should be simple, emphasizing shape, proportion and texture rather than ornateness or repe- tition, for example: arched top windows and door openings, projected brick courses or interesting assemblages of finish materials. Area 3: Washington Street Corridor between Lakeville and Petaluma Boulevard Existing Patterns There are no significant urban patterns along Wash- ington Street between Lakeville Street and Petaluma Boule- vard. The majority of the boulevard is lined by undeveloped parcels and parking lots. With few exceptions, the buildings that exist sit well back from the street edge. The existing and dominant architectural character is determined by the 1970's strip mall shopping centers on either side of the boulevard. Because of the general openness of the area, there are sig- nificant vistas to the south and west. Recommended Design Approach The Specific Plan envisions this as a gateway boule- vard, fronted on both sides of the street with continuous three to six story buildings built close to the street edge, and with tree-lined and covered sidewalks. New patterns of develop- Central Petaluma Specific Plan Architectural Guidelines Page 6 ment are required in this area consistent with the envisioned higher densities and urban character. In developing the pro- ject scale, proportion and articulation of the building eleva- tions, the developer and designer should look to patterns pre- sent in the Downtown, particularly the three story buildings along, Peta- luma Boule- vard, Ken- tucky Street and Western Avenue. Buildings should have at least suffi- cient detail to be evocative of the rhythm (placement) and richness (shape) of forms present on the Downtown buildings, but de- tailing need not be elaborate. Because this area includes larger parcels with longer street frontages, there is also the possibility of developing wider building facades which have common materials, fenes- tration and detailing. Local precedents for wide frontage buildings include the "Line and Twine" building and the old Ice House both on Lakeville Street, and the Petaluma Hotel on Washington Street. Area 4: Triangular area bounded by the Petaluma River, Washington Street and Lakeville Existing Patterns This area includes the those interior portions of the bounded area not directly fronting Washington Street. Lo- cated within this area are portions of the Long's Drug Shop- ping Center site, the monumental Dairyman's Feed and Hunt & Behrens structures, and several smaller commercial and historical warehouse structures. There is also substantial land within this area which is currently undeveloped or in use for parking and maneuvering of vehicles or as rail spur right of way. The existing architectural character of the area re- flects this industrial base, with buildings that are detached, simple warehouse and processing structures constructed of wood, brick and metal. Roof forms are simple gables and Central Petaluma Specific Plan Architectural Guidelines Page 7 sheds. Recommended Design Approach A stated policy of the Specific Plan is the preserva- tion of the existing industrial base along the river. Commer- cial and industrial uses located in the area are expected to remain and require substantial land area for access, parking and security. The development potential in the near term may be limited to infill and adaptive re-use opportunities. There are large historic commercial structures within the area with significant potential for adaptive re-use. Redevelopment, infill and adaptive re-use in this area should adopt the existing patterns of simple building forms, indus- trial materi- - - als and utili- - ,. -~ '~' --. -~-'~':~ tarian detail- : ~' '~-"" ~ ing. The : - ; ~ ---~'~' Dairyman's ....... and Hunt -.. ....-~-' and Behrens ---- structures have already introduced complex and random window patterns and angular forms to the area which could be adopted and elaborated to create unique architectural solutions. Area 5: The Turning Basin River Edge Existing Patterns The Turning Basin river edge is largely occupied by the Golden Eagle Shopping Center. The plan of the shopping center locates the buildings as close as possible to the river edge, leaving only minimal access along the back sides of the buildings and large paved parking areas between the buildings and Washington Boulevard. This essentially subur- ban commercial center fronts the buildings towards the park- ing lot, not the river. Buildings are also located close to the foot of the Balshaw Bridge on the east side of the river, occu- pying the natural location for a public square of sufficient size Central Petaluma Specific Plan Architectural Guidelines Page 8 and shape to accommodate a large gathering people at the river edge and close to Downtown. The architecture of the center is a single story brick and concrete structure with alu- minum storefronts and a metal mansard roof. The existing architecture bears no resemblance to the historic small town urban character and fails because it completely ignores the context and architectural character of Petaluma. Recommended Design Approach Consensus of the advisory committee in formulating the Specific Plan was that the existing structures are poorly sited to maximize the potential of the river and the develop- merit of Washington Avenue as a gateway street. Redevel- opment of the site must consider the replacement of existing structures to meet the "'~ goals of the .... Specific -'. '~ Plan. A minimum of three and a maximum of six story structures are envisioned for this site. New patterns of devel- opment are required in this area consistent with the higher densities and character of the urban standards. The devel- oper and designer therefore have a unique opportunity to in- troduce new architectural forms, patterns and uses of materi- als to Petaluma and also the responsibility not to repeat the mistakes of the existing site architecture by ignoring the con- text and character of Petaluma. The curve of the turning basin and a re-alignment of streets presents the greatest opportunity within the Specific Plan Area for a "formal" site plan and a more ordered archi- tecture relating to the water's edge and a pedestrian way along the river. This approach would include more formal- ized geometric relationships between buildings and open spaces, axial connections, symmetries, and a balanced fa- cade that has unifying elements overall. The objective is to create unique sense of place and a rich pedestrian experi- ence as they move through the public space between the Central Petaluma Specific Plan Architectural Guidelines Page 9 river and the building edge. Any redevelopment of the site must include the development of a public plaza space for- mally related to the building forms with access to the water at or near the Balshaw Bridge. Area 6: D Street Corridor Existing Patterns D Street is and will remain a major traffic corridor from Petaluma Boulevard to Lakeville Street. At present, there is little pedestrian friendly development at the street edge. And due to limited number of buildings, there is not a strong architectural character or precedent along this thor- oughfare. Recommended Design Approach The Specific Plan Urban Standards permit structures from two to four stories in height on either side of D Street. However, D Street is the boundary between two distinct pat- terns of architecture and development. On the north-east side of D, the Specific Plan envisions continuous building fa- cades at the sidewalk edge (See Comments for Area 7). On the south-west side of D Street the patterns of the River Warehouse District prevail, with greater variation of building form (See comments for Area 11). The land use between D Street and the McNear Channel is currently industrial and protected by the Specific Plan. Therefore significant sections of the south-western frontage of D Street may remain un- changed for some time. Therefore, flexibility is key to devel- opment along D Street and either pattern of development will be allowed along the north-east side of D street in the area designated as T5 Urban Center. Area 7: Area bounded by Weller Street, Wash- ington Boulevard, D Street and the Rail Depot Existing Patterns At present, there are few structures in this area. (The Central Petaluma Specific Plan Architectural Guidelines Page 10 Train Station is excluded and discussed separately). Two metal commercial buildings face Copeland Street mid block. The land bounded by Weller Street, Washington Street, Copeland Street and D Street is privately owned. The land to the east of Copeland is currently owned by the rail authority which continues to use the property for rail related purposes. Drawings of Nineteenth Century Petaluma show various commercial structures in this area and a different river course. None of these historical structures remain, and the area is largely undeveloped. A Sonoma County and Petaluma Bus Transfer Ioca- tion is planned for construction on the east side of Copeland Street. Recommended Design Approach The Specific Plan Urban Standards codes most of this area T6 Urban Core which permits buildings from 3 to 6 stories in height. A strip of land along the D Street Corridor is coded T5 Urban Center which permits buildings from 2 to 4 stories in height. T6 areas require that building facades be within 5' of the property line, while T5 areas require building facades to be within 10' of the property line. All types of building function are permitted with this area. S o many possi- bilities exist for buildings of mixed use and densi- ties in this area, that there are low oxistin~ Petaluma buildings that provide cues and precedents. Some buildings of comparable scale do exist on Western Avenue, Petaluma Boulevard and Washington Street, and these may prove valuable in establishing patterns of building scale, ar- ticulation, light and shadow and relating the new develop- ment to exiting context of the Downtown. However, new pat- terns of development and building form will be required and expected. Developers and designers may look to other cities and resources in creating architectural character in this area. Central Petaluma Specific Plan Architectural Guidelines Page 11 Where feasible, private outside space should be provided for each residential unit. Where residential units are constructed, it is required that landscaped and developed open space for use primarily by residents be provided. This may include gar- dens, courtyards, terraces, roof gardens, plazas, walks, and other outside amenities. Areas 7 & 8: Copeland Landing and the Rail De- pot Site Existing Patterns There are presently two historic, single story rail sta- tion buildings along the rail line. The architecture of the struc- tures is unique in Petaluma, being an exuberant interpreta- tion of California Spanish style architecture. There are quad- rafoil and tresfoil ventilation openings in the walls that are quite detailed and have been used emblematically by the City, and copied by the Taco Bell built across the street. The stucco and tile roof buildings are in an advancing state of de- terioration and disrepair. Recommended Design Approach The Specific Plan recognizes the buildings as being significant historical resources and worth preserving and re- storing. They are local landmarks and strongly associated with the unique architectural character of Petaluma. They are at a location that continues to be considered as a desti- nation point for light rail and excursion rail service, and which once again may become an entry point for travelers coming to Petaluma. The Specific Plan envisions that the bus trans- fer station planned for Copeland Street could be relocated adjacent to the Train Depot. Redevelopment and preserva- tion of this site would require land for access roads, parking and landscaping. The preservation and re-use of this asset will require careful site design and landscape architecture. Consideration of the relationship and transition between these one story structures and any adjacent development which could be as much as five stories high, will be essential. Creating a visual and pedestrian linkage between the Depot Site and the Turn- Central Petaluma Specific Plan Architectural Guidelines Page 12 ing Basin will also be essential. Area 9: McNear Channel Industrial Area Existing Patterns This area includes river dependent industrial uses, commer- cial uses and open land. Buildings have a utilitarian industrial character- metal, concrete and stucco structures sur- rounded by large crushed rock parking and truck maneuver- ing areas. Buildings are often separated by substantial open spaces, much of it left in a more or less natural state. Proper- ties typically abut the Petaluma River and may also abut the railroad right of way. The prevalent pattern is largely one of open space interspersed with large building and processing structures that provide views toward the river from many di- rections. Recommended Design Approach A stated policy of the Specific Plan is the preservation of the existing industrial base along the river. Commercial and in- dustrial uses located in the area are expected to remain and continue to require substantial land area for access, parking and security. The development potential in the near term may be limited to infill and adaptive re-use opportunities. Redevelopment and infill in this area should adopt the exist- ing patterns of simple building forms, industrial materials and utilitarian detailing. Projects should strive to maintain view corridors to the river edge and natural habitat wherever pos- sible. Projects should integrate well with the Petaluma River Enhancement Plan and pedestrian access to the river edge. Area 10: Lakeville Corridor Existing Patterns Lakeville Street forms the northerly border of the specific plan area and is a principal access route into Peta- Central Petaluma Specific Plan Architectural Guidelines Page 13 luma. The existing pattern of development is different on ei- ther side of the street. The easterly side abuts both existing residential and commercial zones and therefore has some vestiges of single stow residential development. The build- ing pattern includes single stow commercial enterprises, va- cant land, and retail shopping center. It also includes the his- torically significant landmark "Line & Twine" building, the pre- mier example of brick industrial vernacular in Petaluma. There is no dominant recurring pattern of building mass, rela- tionship of building to the street edge, or architectural charac- ter and building heights typically do not exceed two stories. The westerly side of Lakeville is comprised of prop- erties of varying widths and depths that abut the railroad right of way to the rear. There is some retail development, but the most the most prevalent uses are industrial- auto wrecking, storage yards, LP gas distribution, landscape irrigation sup- ply, car wash. The quality and character of the buildings vary widely. Like the easterly side of the street, there is no domi- nant recurring pattern of building mass, relationship of build- ing to the street edge, or architectural character and building heights typically do not exceed one and one half stories. Recommended Design Approach Except for the designated D-4 zoning district at the southerly end of the Lakeville corridor, the Specific Plan envi- sions Lakeville as an eventual gateway boulevard, fronted on both sides of the street with continuous two to four stow buildings built close to the street edge, and with tree-lined sidewalks. New patterns of development are required in this area consistent with the envisioned higher densities and ur- ban character. In developing the project scale, proportion and articulation of the building elevations, the developer and designer may look to patterns present in the Downtown, par- ticularly the three stow buildings along, Petaluma Boulevard, Kentucky Street and Western Avenue, or may approach the development of the intended denser urban fabric in a more contemporary manner. The patterns inherent in the Line and Twine Building offer the designer a strong and much admired precedent and an opportunity for unifying and architecture along the street. Buildings should have at least sufficient de- tail to be evocative of the rhythm (placement) and richness (shape) of forms present on the Downtown buildings, but de- tailing need not be elaborate. The D-4 District portion of the Central Petaluma Specific Plan Architectural Guidelines Page 14 Lakeville corridor will continue many of the existing patterns consistent with the thoroughfare commercial development focused in the vicinity of the intersection with Caulfield Lane and the interchange with Highway 101. Area 11: River Warehouse Area Existing Patterns The existing patterns of the River Warehouse area are very different from the Downtown and nearby residential neighborhoods. The mix of residential, commercial, industrial, and office uses and their correspondingly different building types gives this area its unique character. Brick, block and metal industrial buildings are interspersed with vacant land, and small residential bungalows. The area also includes the Foundary Wharf Project with recently constructed office and commercial buildings which employ many forms and materi- als present elsewhere along the river edge. The principal building type along First Street are long, rectangular metal warehouse buildings approximately two stories in height extending from First Street to the River edge. These structures have simple gable roofs running the length of the buildings and few windows. Some structures have elevated docks covered with continuous shed roofs. Along the street, there are breaks in the line of buildings pro- viding stunning views to the McNear Peninsula and lands be- yond. Even when side by side, the gable roofs allow the buildings to be seen as distinct structures. These structures represent the historical, river-based industrial character of the area, and the corrugated metal siding has developed a patina and rustic appearance that is an important part the existing character of the area. The pattern changes in the area between First and Second Streets: metal structures are intermixed with brick, concrete block and wood commercial buildings, vacant land and single family residences. In the area between Second Street and Petaluma Boulevard, small residential structures and the back sides of buildings fronting Petaluma Boulevard become the norm. l-?o Central Petaluma Specific Plan Architectural Guidelines Page 15 Recommended Design Approach The Specific Plan recognizes and intends to pre- serve the unique character of this area. As development of this area intensifies, it is important that the presence of de- tached single family homes be retained. The Specific Plan envisions that the existing architectural patterns be preserved and used in developing new structures. Building heights would range from two to three stories. The pattern of metal buildings with simple rectangular forms and recurring gable roofs at the river edge should be maintained. Adaptive re-use of the existing structures should be considered in any devel- opment plan. If this proves structurally or financially infeasi- ble, buildings of similar scale and proportion are recom- mended. and re-use of the weath- ered mated- als should consid- ered. The existing ir- regularity of the street connection should be maintained, with buildings being constructed to the street most of the time, but retain sufficient breaks in the line of buildings so that buildings ap- pear as detached structures and to allow for the creation of side yards and entrances, interior courts and passages through to the river edge. The designer should look to the model of Foundry Wharf for the design of window and door openings. Infill in this area should adopt this pattern of simple building forms, industrial materials (metal siding, brick and concrete block) and utilitarian detailing. Gable and shed roofs should predominate. The large metal industrial structures such as Dairyman's Feed and Hunt and Behrens, with their asymmetrical compositions of simple building forms and an- gular piping, conveying systems and bracketry, provide a wealth of forms and shapes that could be adopted and elabo- rated to create unique architectural solutions in the River Warehouse area. Central Petaluma Specific Plan Architectural Guidelines Page 16 Area 12: Middle Reach Area Existing Patterns This area includes the City of Petaluma Corporation Yard, Sewage Treatment Facility, Animal Shelter and Home- less Shelter. It also includes open land between the City Fa- cilities and the McNear Channel edge. Hopper Street, run- ning parallel to the railroad right of way, provides the only current access to this area. Recommended Design Approach Opportunities for development in this area will de- pend on the gradual relocation of City services to other loca- tions. The Specific Plan envisions the creation of a new street grid developing between Hopper Street and the Peta- luma River and extending into the Lower Reach area. Build- ings from two to six stories are possible in this area. This area, in combination with the Lower Reach, offers the devel- oper and designer the greatest latitude and opportunity for the creation of new architectural forms and patterns and the use of new materials and technologies. Developers are en- couraged to go beyond the historical character and patterns that predominate in other parts of the Specific Plan area to create a character unique to this area. Area 13: Lower Reach Area Existing Patterns Most of the Lower Reach area is undeveloped and underdeveloped land. The area is strongly bounded by the 101 Freeway to the east and the Petaluma River to the South. Access to the area at present is limited to Hopper Street. This area and the adjacent Middle Reach Area in- clude the longest stretch of undeveloped Petaluma River edge. I-7 Central Petaluma Specific Plan Architectural Guidelines Page 17 Recommended Design Approach The Specific Plan envisions the creation of a new street grid developing between Hopper Street and the Peta- luma River and extending from the Middle Reach area into the Lower Reach and the highest densities in the Specific Plan Area. Buildings from two to six stories are possible in the Lower Reach. This area, in combination with the Middle Reach, offers the developer and designer the greatest lati- tude and opportunity for the creation of new architectural forms and patterns and the use of new materials and tech- nologies. Developers are encouraged to go beyond the his- torical character and patterns that predominate in other parts of the Specific Plan area to create a character unique to this area. Area 14' Basin Street Landing Existing Patterns This area is bounded by the Petaluma River edge opposite the turning basin, D Street, Petaluma Boulevard and B Street. Once a key location for river based commerce, they area currently includes parking areas where once there were warehouses, and metal and brick industrial buildings. The current dominant pattern is openness. The historical "Old Petaluma Mill" and the brick commercial structure across B Street are likely to be preserved for the foreseeable future and set a strong precedent for forms and materials. Recommended Design Approach The Specific Plan envisions a far more dense and urban pattern of development than currently exists filling out the existing street network with buildings built to the street edge. This area forms an important transition from the rela- tively elaborate detailing of the Victorian era buildings along Western and Petaluma Boulevard to the more utilitarian building patterns along the river edge. The recommended emphasis is to extend the older urban character of the old downtown while respecting the river edge commercial rough- ness. It is recommended that designs reflect the scale and Central Petaluma Specific Plan Architectural Guidelines Page 18 massing of the downtown while permitting the simplicity of detail more typical of the historical river edge development still present along Water Street and Poultry Street. Pedestrian ways through this area should respond to planned river edge improvements as described in the Peta- luma River Enhancement Plan. View corridors should be created from Petaluma Boulevard toward the Turning Basin. Central Petaluma Specific Plan Architectural Guidelines Page 19 Definitions PATTERN: COMPOSITION: A pattern, as it is used here, implies both a recurring problem and the essential structure of its resolu- tion. A pattern is a set of relation- ships: between the elements making up buildings (walls, roofs, openings, attached objects, etc.), between buildings (spacing and orientation of building blocks), between buildings and the environment, or between people and the built environment. A useful pattern can be duplicated flexibly and creatively in design. The recurring use of some patterns have proven over time to result in visual order, beauty, and social and environmental health, and therefore are worth replicating, while others have not. A design solution is not a haphazard thing. The elements of the solution are composed -consciously se- lected and placed so as to be both pleasing and functional. Composi- tion is harmonious when all the ele- ments seem to fit, when both our intuition and reason judge the result to work. Characteristically, when elements are harmoniously com- posed, they are usually proportional and related to one another by a strong (though often hidden) under- lying geometry of regulating lines. Building elevations, site plans, floor plans, the placement of objects in the open space between buildings are all needful of composition. It is also useful to think of buildings as compositions of light and dark as well form. A well composed facade is a pattern of interplay and rhythm between sun and shadow that gives Central Petaluma Specific Plan Architectural Guidelines Page 20 1-75- PROPORTION: REGULATING LINES: PRECEDENT: life to the building. Proportion is the quantitative rela- tionship of an elements dimensions. For example, a rectangular window of proportion (height) 6' and (width) 3' will have a ratio of 2:1, and can be said to be proportional to an other window having the same proportion- ing ratio, even though a different size (i.e. 4'x 2'). Elements within a composition, such as a building ele- vation, will appear more harmonious when their individual proportions re- late or share a common ratio and if they are proportionally related to the larger rectangles of the building walls. Proportional ratios can also be expressed as diagonal lines con- necting corners of rectangular ele- ments. Every element of composition in a building ( doors, windows, walls, roof lines, etc.) are related to every other element in the composition by lines, sometimes ex- plicit, sometimes hidden, called regulating lines. These lines may be "lines of sight", or "axis of symme- try", floor level lines, roof lines, pro- portional ratio lines or diagonal lines connecting vertical and horizontal lines. These are the lines which bind the elements of the composition to- gether. A precedent is a pattern or solution which has been used before successfully and frequently enough to be a dominant form, thereby strongly influencing or determining the existing context. For example, the use of simple gable and shed Central Petaluma Specific Plan Architectural Guidelines Page 21 ARTICULATION: roofs (and the absence of the "hip"roof) are used so often with the metal industrial buildings found in the Riverfront Warehouse Zone that they could be considered a prece- dent for establishing roof type and slope. Solutions which respect and respond to existing precedent pat- terns are more likely to be success- ful. As used here, articulation refers to the manner in which building plans and facades are divided by projec- tions or recesses and the placement of openings. For example, a long building facade with a horizontal proportionality, ( 90' wide x 30' high, ratio 3:1) could be visually divided into six sections by wall projections or window placement to create a vertically proportioned composition, (sections of 15' wide x 30' high, ratio 1:1.5). Most of the existing two and three story structures in the Down- town area are vertically proportioned and articulated compositions facing the street, many of which could be used by designers to understand in detail the character and context of Petaluma. ITEM NO. 10c DATE: September 21, 2005 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND CONSIDERATION OF REQUEST FOR PROPOSALS FOR PLAYGROUND EQUIPMENT AT TODD GROVE PARK, OAK MANOR PARK, VINEWOOD PARK AND ORCHARD PARK. With the passage of the recent State Resource Bond Acts, the City of Ukiah is entitled to General Allocation Grant Funds which are dispersed statewide on a per-capita basis. The City of Ukiah will receive a minimum per capita allocation of approximately $96,000 under Proposition 12 and $220,000 under Proposition 40. The Per Capita Grant Program is intended to maintain a high quality of life for California's growing population by providing a continuing investment in parks and recreational facilities. Specifically, it is for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities in urban and rural areas. Per Capita funds can only be used for capital outlay and no local match is required. The City Council has previously adopted the procedural resolutions necessary to encumber these funds with the State of California. In the 2005/06 Fiscal Year Budget, the City Council budgeted $310,000 of the per capita funds for playground improvements. (Continued on Page 2) RECOMMENDED ACTION: Direct staff to issue RFP for playground equipment. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that the RFP requires further consideration and remand to staff with direction. 2. Determine that the issuance of the RFP is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community/General Services Director Candace Horsley, City Manager and Mary Horger, Purchasing Supervisor Draft RFP A P P ROVE D: ~--~,;//. ?~........:.<...¢-.¢.,...------ ~) ~; ~C~dac~Horsley, 'City Mah-~ger Playground equipment is currently located at three City parks including Todd Grove, Oak Manor, and Vinewood. The playground equipment at these parks is failing due primarily to age. Replacement components are no longer available and sections of the playgrounds have been dismantled when components fail. In addition, most of the remaining equipment and associated fall zones do not meet current ADA and Playground Safety guidelines. The Request for Proposals (RFP) for Council's consideration solicits proposals for design and installation of equipment for the renovation of the three existing play areas and one new play area that is part of the Orchard Park Development Project. Given the close proximity of each location to one another, the RFP emphasizes the need for variety of equipment. The City also has the option of selecting multiple vendors. Since the contract will be awarded through a competitive negotiation process, the City has the ability to control design and costs at each location. The RFP requires the itemization of project costs and the City retains the right to perform some or all of the work. The City also retains the right to work with vendor(s) to finalize design plans and equipment selection prior to the award of bid. While the RFP does provide an estimated budget for each location, the total not to exceed project budget for all locations is $300,000. The remaining $10,000 in budgeted per capita funds and $6,000 in unallocated per capita funds will be available for contingencies. The deadline for proposals is November 17, 2005. Upon close of bid, a Play Area Committee comprised of City Staff, playground experts, and possibly private citizens will evaluate submitted proposals and conduct vendor/contractor interview. The Committee's recommends will be first forwarded to the Parks, Recreation, and Golf Commission and than to the Ukiah City Council for comment and award of bid. The goal is to have the selection phase completed by the end of the year and the new playgrounds installed by Summer 2005. The Parks, Recreation, and Golf Commission, along with the City Attorney and City's Purchasing Supervisor, will complete their review of the RFP and any recommendations will be presented to Council for consideration at the meeting. Draft Attachment #1 CITY OF UKIAH REQUEST FOR PROPOSALS (RFP) FOR PLAYGROUND EQUIPMENT AT TODD GROVE PARK, OAK MANOR PARK, VINEWOOD PARK, AND ORCHARD PARK General Information. The City of Ukiah (herein after referred to as "the City") is soliciting proposals for design and installation of equipment for the renovation of three (3) existing play areas and one (1) new play area. Each proposal shall include design and layout; proposed equipment and surfacing materials to be supplied; installation; and cost itemization of materials and supplies, including tax, freight and any other costs, and related documentation (itemized below). At its discretion, the City may perform all or some necessary site preparation and/or installation at each location. A Play Area Committee comprised of City staff and possibly including private citizens will be formed to evaluate submitted proposals and conduct interviews. City staff have met to explore needs and expectations and to develop lists of desired components and design criteria for each location. These lists are attached and are meant to provide direction for proposed designs. Proposers are encouraged to incorporate items from these lists, but designs may vary according to the proposers' professional and/or creative opinion. Given the close proximity of each location to one another, a variety of equipment between locations is desired. The dollar amount shown for each location is an approximation for informational purposes only. The total project budget for all locations, $300,000, must not be exceeded and must include all costs. All designs and equipment/materials must meet current U.S. Consumer Product Safety Commission (CPSC) and American Society for Testing and Materials (ASTM) guidelines and standards as set forth in the Handbook for Public Playground Safety as intended by SB 2733. Configuration of and equal access to all apparatus and areas shall comply with Americans with Disabilities Act (ADA) requirements for public agencies. In addition, all equipment/materials and installation of such equipment/materials must meet with the requirements of the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Proposition 12) and California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002" (Proposition 40). All equipment is to be constructed, primarily of metal, plastic, treated/composite wood product or other suitable material which has been pre-approved by the City. Slide bedways are to be constructed of plastic or composite, not metal. The City encourages the use of recycled materials. Site conditions vary and may include drain inlets/lines, irrigation lines, utility lines, tree roots and/or other obstacles. In no case shall footings be drilled within six (6) feet of any mature trees. Newly planted trees may be transplanted to altemate locations by the City but must be identified and requested in the submitted proposal. Tree canopies or other obstacles must be taken into account when planning equipment layouts. It is the proposer's responsibility to confirm dimensions, locate trees, and ascertain other pertinent conditions. A mandatory pre-proposal conference/site tour will be conducted for all interested parties at 10:00 a.m. on Tuesday, October 11,2005 in the Ukiah City Council Chambers, 300 Seminary Avenue, Ukiah, CA. Immediately following the conference, City staff will City of Ukiah RFP # Page 1 host a tour of each park's proposed equipment sites. Attendance of both the conference and the site tour is mandatory for any party wishing to submit a proposal in response to this RFP. The City parks are conveniently located within a few miles of meeting location and are easily accessible. Submission of Proposals. Proposers are requested to submit (6) proposals. (Submission of one original proposal and five copies is acceptable.) Proposal sets must be submitted in a sealed package, clearly marked "City of Ukiah RFP No.~", and delivered to the City of Ukiah, Attention City Clerk, 300 Seminary Road, Ukiah, California 95482, no later than ,5:00 p.m. as determined by the clock on the wall of the Office of the City Clerk, Thursday, November 17, 2005. Late or facsimile proposals will not be accepted. It is the proposer's responsibility to assure that its proposal is delivered and received at the location specified herein on or before the date and hour set. Proposals received after the date and time specified will not be considered. . Proposers are expected to examine all provisions, specifications, and instructions included in this RFP. Failure to do so will be at the proposer's risk. . A proposal that is in the possession of the City may be altered by a letter bearing the signature or name of the authorized person, provided it is received prior to the date and time of the opening. The letter should not reveal the proposal pricing, but should indicate the addition(s) or subtraction(s) or other changes. A proposal that is in the possession of the City may be withdrawn by the proposer up to the time of the opening. . All proposals must be dated and signed by a representative authorized to enter into contracts for the applicant company. 5. All proposals shall remain firm for ninety (90) days from the opening date. o Expenses incurred in preparation of the proposal, site visits, or any other actions related to responding to this Request for Proposals shall be the responsibility of the proposer. Proposal Format. Each proposer shall submit a complete proposal with all information requested. Supportive material may be attached as appendices. All pages, including the appendices, must be numbered. The content and sequence of the proposals will be as follows: 1. Business History and Organization. This section should include: A. A narrative which demonstrates the proposer's basic familiarity and experience with this service. City of Ukiah RFP # Page 2 . B. C. Descriptions of any similar or related contracts under which the proposer has provided services, especially those performed for local government agencies. Include an approximate dollar value for each project listed. Any material (including letters of support or endorsement) indicative of the proposer's capability. If proposer has provided these services to other local government agencies, include references from those agencies. A brief description of the proposer's current operations and ability to provide the services. Equipment Design and Installation Proposal. This Proposal Section shall include the following: A. B. C. A scaled layout of each site, indicating equipment locations, surfacing type(s), access routes, drainage, fall zones, and no encroachment zones. Corresponding photos, brochures, or catalog cuts of equipment and surfacing material(s), itemized costs, and any related information (specifications, warranties, etc.) should accompany layouts. Include a chart of available colors for all equipment. D. A written description of work proposed for each site, to include a detailed description of the proposed equipment, surfacing material(s), installation procedure, drainage work (if necessary), protection of existing improvements, site security and protection of the public during installation period, and any other work involved in the site preparation and equipment installation. Costs shall be shown, itemized by equipment or labor to be provided, and totaled by site. Since the City reserves the right to perform at least some, it not all, of the site work and/or installation separately, in the event it is determined in the best interest of the City to do so, pricing for all materials, labor, and other services shall be itemized according to this paragraph and Paragraph 3, "Cost Proposal", below. This description should also set forth a proposed work schedule and describe how the project will be organized. A list of suggested play components/amenities, estimated budget, and site description for each location is attached as Exhibit A and incorporated herein. Since the City parks are within a few miles of each other, variety of play equipment is important and will be considered during the evaluation process. Proposers may be asked to provide samples of the product(s) proposed. The City reserves the right to finalize design plans and equipment selection prior to the award of bid. A description of the company's process and ability to provide shop drawings for such items as surfacing and grading. Lead time after award for delivery and installation of equipment. City of Ukiah RFP # Page 3 E. F. O. The name, address, contact name, telephone number, California State contractor's license number and license type of the equipment installer. If the proposer does not provide installation services, the proposal should include the name of its contractor for installation of the proposer's equipment. In the event a third party is required for installation, the successful proposer shall guarantee the installation cost as proposed. Both proposer and installation contractor shall enter into an agreement with the City. A list and schedule of projects that could potentially impact work on the City's project. The location of a similar equipment installation performed by the proposer within a 100-mile radius of Ukiah, accompanied by the customer's contact name, address, and telephone number. . Cost Proposal. Proposals shall be for "turn-key" installation of equipment; however, pricing for all materials, labor and other services shall be itemized as per paragraph 2(B) above. Pricing for all equipment and materials shall be F.O.B. Ukiah, CA. All sites are within publicly accessible parks and the vendor/contractor is responsible for ensuring safety and the security of the site and all equipment and materials during installation. Vendor/Contractor to provide construction fencing, signage, and any other measures to ensure safety/security. , Cost proposals shall itemize costs as described below to clearly identify cost by defined elements: A, B. D. Itemize costs of all play equipment and amenities (e.g., picnic tables, shade structures) Cost of surfacing material Cost of containment border Demolition: Removal and disposal of existing play equipment/materials and containment borders Installation: , 2. 3. 5. 6. Installation of play equipment Installation of containment border Installation of surfacing material Related grading and drainage cost Cost of all other required site improvements (e.g., tree removal) References. For each reference, provide the company/agency name, contact name, address, telephone number, and number of years in business. Include the location of the nearest installation of the proposer's equipment preferably for a public agency). City of Ukiah RFP # Page 4 In addition to the design and proposal, the following items will be required from the successful proposer. Verification that the proposer can meet and/or supply all of the following requirements upon award of bid must accompany each proposal. , 2. 3. 4. 5. 6. 7. 8. Proof of liability insurance. Written guarantee for all equipment. Structural specifications for all equipment. Parts list for all equipment. Recommended maintenance schedule(s) for all equipment. Installation manual and specifications. Documentation of compliance with CPSC, ASTM, and ADA guidelines. Two (2) sets of any specialized assembly and/or maintenance tools (e.g., vandal-resistant wrenches, etc). Proposal Evaluation The City will select the firm whose proposal is determined by the City to be the most responsive and responsible proposal and the best advantage to the citizens of the City of Ukiah. The City shall be the sole judge in making such a determination. The City reserves the right to reject any or all proposals, waive irregularities, or to award the contract in whole or in part, if deemed in the best interest of the City to do so. Failure to supply any information requested to accompany proposals may be cause for rejection of the proposal as nonresponsive. The City Purchasing Agent reserves the right to request additional information if clarification is needed. Both the request and the response shall be in writing. Evaluation Criteria The City, in making the award, shall take into consideration the following criteria (listed in random order) in evaluating the proposals: · Overall responsiveness to RFP · Overall strength of proposer's company · Experience and reputation of proposer's company · Compliance with all applicable safety standards · Pricing · Quality and quantity of equipment offered · Innovation/creativity of site/equipment design · Variety of equipment · Ability of proposer to provide repair parts and service · Availability of equipment and lead time for delivery and installation · Warranty Because this contract will be awarded through a competitive negotiation process, the proposals, including pricing information, will remain confidential until after the contract is awarded. The proposals will not be publicly opened and read aloud as in a bid opening. City of Ukiah RFP # Page 5 Award of Contract The City hereby notifies all proposers that it will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation, and that no proposer shall be discriminated against on the grounds of age, race, color, sex, religion, creed, disability, or national origin. . The proposer also agrees that should its company be awarded this contract, the company shall not discriminate against any person who performs work there under because of age, race, color, sex, religion, creed, disability, or national origin. . The City reserves the right to reject any or all submissions and to waive any irregularities if deemed in the best interest of the City to do so. The City will select the company whose proposal is determined by the City to be the most responsive and responsible proposal and of the best advantage to the citizens of the City of Ukiah. The City shall be the sole judge in making such a determination. , The successful firm may be required to enter into and sign a formal agreement with the City, which agreement will be in effect for the duration of the contract period. Such agreement may be in the form of a Purchase Order. The terms and conditions as listed in this Request for Proposals shall be considered part of the contract. It is the proposer's responsibility to review the terms and conditions and to state any exceptions to those conditions in its response to the Request for Proposals. If no exceptions are noted, the City will understand that the proposer agrees to the terms and conditions as stated in the Request for Proposals. Project Time Frame Mandatory Site Tour: Proposal Deadline: Evaluation Period: Award of Contract: Project Completion: October 11, 2005 No later than 5:00pm, Thursday, November 17, 2005 Closes approximately December 6, 2005 Approximately December 21,2005 By May 31, 2006 INQUIRIES~ADDENDA Any inquiries regarding this RFP may be directed to: Mr. Sage Sangiacomo, Community/General Services Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Phone (707) 463-6221/fax (707) 463-6204 If any addenda are issued, they shall be sent via facsimile and/or first-class U.S. mail to the last known business address of each vendor known to have received a copy of this RFP. Proposers must acknowledge .receipt of any and all addenda issued in their proposals. **The City's standard purchasing terms and conditions will be included as Exhibit B in the Final RFP.** City of Ukiah RFP # Page 6 CITY OF UKIAH REQUEST FOR PROPOSALS (RFP) FOR PLAYGROUND EQUIPMENT AT TODD GROVE PARK, OAK MANOR PARK, VlNEWOOD PARK, AND ORCHARD PARK Exhibit A Suggested Design Criteria and Components by Location Todd Grove Park Park Type: Regional Location: 600 Live Oak, Ukiah Project Budget: $190,000 Tot Area ($40,000) Equipment designed for use by children ages 2 through 5 1. One (1) play structure with other complementary components, activities, and elements. 2. A minimum of two (2) slides. 3. Swing set(s); six (6) tot swing seats on OD arch or single post bays. 4. Concrete containment border Elementary A.qe Area ($150,000) Equipment designed for use by children ages 5 through 12 1. One (1) play structure with other complementary components, activities, and elements. 2. A minimum of three (3) slides 3. One (1) climbing activity (e.g. realistic boulder) 4. Swing set(s); six (6) belt seats on OD arch bays. 5. Concrete containment border Vinewood Park Park Type: Large Neighborhood Location: 1260 Elm Street Project Budget: $45,000 Equipment designed for use by children ages 5 through 12 1. One (1) play structure with other complementary components, activities, and elements. 2. A minimum of two (2) slides 3. Swing set(s); four (4) belt seats on OD arch bays. 4. Concrete containment border Oak Manor Park Park Type: Large Neighborhood Location: 500 Oak Manor Drive Project Budget: $45,000 Equipment designed for use by children ages 5 through 12 1. One (1) play structure with other complementary components, activities, and elements. 2. A minimum of two (2) slides 3. Swing set(s); four (4) belt seats on OD arch bays. 4. Concrete containment border Orchard Park Park Type: Small Neighborhood Location: Corner of Orchard Ave. and Cindee Project Budget: $20,000 Equipment designed for use by children ages 5 through 12 1. One (1) play structure with other complementary components, activities, and elements. 2. A minimum of one (1) slide 3. Maximum footprint of 40ft. x 35ft. 4. No swings 5. Concrete containment border AGENDA ITEM NO: ~/~-~ ~' _ MEETING DATE: September 21,2005 SUMMARY REPORT SUBJECT: DISCUSSION REGARDING POTENTIAL BAN ON CERTAIN DOG BREEDS FROM CITY EVENTS AND FACILITIES - - RODIN A constituent who has been attending the Concerts in the Park with his wife and two young children, expressed concern to Councilmember Rodin about the presence of pit bulls at the concerts. He felt that their presence at the Concerts could put adults and children at risk. Recent maulings by pit bulls in the Bay Area and Santa Rosa have alerted people to the potential dangers of this breed. Councilmember Rodin has requested to agendize a discussion of whether pit bulls should be banned from: a) b) c) d) e) All City Parks Concerts in the Park City Events Some combination of these None of these Councilmember Rodin is requesting Council discussion of policy issues regarding pit bulls and to provide direction to staff, if appropriate. Attached please find several articles regarding regulation of dog breeds and the City Attorney's opinion on the legalities of this issue. RECOMMENDED ACTION: direction to staff, if appropriate Discuss policy issues around pit bulls and provide ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Councilmember Rodin Candace Horsley, City Manager David Rapport Articles Regarding Regulation of Dog Breeds City Attorney Opinion on Regulations of Certain Breeds Approved: Candace Horsley, nager Bill to Allow Regulation of Dog Breeds Advances - Los Angeles Times Page 1 of 2 CALIFORNIA,o ,, · MEMBER SEI Join now! NEWS ENTERTAINMENT OTHER SECTIONS I CLASSIFIEDS JOBS CARS HOMES RENTALS SIlO August 23, 2005 latimes.¢om: California ' ~ Print Bill to Allow Regulation of Dog Breeds Advances · If made law, it would let cities require spaying and neutering of types such as pit bulls. By Jordan Rau, Times Staff Writer SACRAMENTO -- Spurred by a recent rash of pit bull attacks on children in California, state lawmakers voted Monday to give local governments authority to require the spaying and neutering of specific dog breeds. San Francisco -- where 12-year-old Nicholas Faibish was mauled to death in June by a family pit bull -- is poised to become the first part of the state to approve such an ordinance. Mayor Gavin Newsom had requested the bill, which passed the state Assembly 46 to 18. The measure still requires approval by the Senate and Gov. Arnold Schwarzenegger, but San Francisco is already drafting its new rules in anticipation of passage. ADVERTZSEMENT While some places, including Denver, have banned pit bulls California is one of a handful of states that prohibit cities an( counties from singling out specific breeds for regulation. Th~ did not change even after Diane Whipple, a 33-year-old lacrosse coach, was killed by two Presa Canario dogs in Sa~ Francisco in 2001. Breeders and some pet advocates have long resisted restrictions on specific breeds out of fear that it would lead t( a wholesale ban on controversial types of animals. But pressure to do something mounted this year after severe highly publicized attacks around the Bay Area, including in San Francisco and Santa Rosa, where an 8-year-old girl, Annette Rojas, was nearly killed by a pit bull, also in June. On Monday, a Monterey County toddler was hospitalized with puncture wounds after being attacked by a loose pit bul while he was outside playing in a yard. "This will make a huge difference in the cities and counties that elect to adopt" ordinances, said Jennifer Fearing, president of United Animal Nations, a Sacramento-based animal protection group. But, she said, "it's definitely not ~ complete answer to the dangerous problem. It does not address what's motivating people to create dangerous dog,' in the first place." Forty-seven people have died from dog bites in California between 1965 and 2001, the most in the nation, according to a task force Newsom appointed to deal with the problem. The task force said pit bulls and then Rottweilers caused the most deaths in one 20-year period, followed by German shepherds, huskies, Doberman pinschers, chows, Great Danes and Saint Bernards. Carl Friedman, director of San Francisco's Department of Animal Care and Control, said backyard breeders sell pit bulls for $400 to $600 each, but the dogs often end up in the pound. http://www.latimes.com/news/local/la-me-dogs23aug23,1,5028940.story?ctrack=l &cset=t... 8/29/2005 Bill to Allow Regulation of Dog Breeds Advances - Los Angeles Times Page 2 of 2 "We just can't find homes for them, and they're being euthanized," he said. The legislation, SB 861 by Sen. Jackie Speier (D-Hillsborough), was supported by Los Angeles and San Diego counties and a number of prominent animal groups, including the Humane Society, but some opponents insist the approach is misplaced. "The problem we have is not with our dogs but with our dog owners," said Assemblywoman Audra Strickland (R- Thousand Oaks). "There are a significant number of dog owners who abuse their dogs and condition them to fight and become vicious. Those people are the culprits." Others said the measure did not go far enough. "It's time to get rid of these pit bulls," said Assemblyman Tim Leslie (R-Tahoe City). "1 think we ought to string 'em a up, send them to some other state." Times staff writer Nancy Vogel and the Associated Press contributed to this report. LIVECURRENT U. What's the Point of College? Professors and students try to answer on LiveCurrent U. Stop whining. Start opining! latimes.com calen(~arl~ve.com Site Map Arts & Entertainment California I Local Columns World Education Nation Food Business Health Sports Highway 1 Travel Home Editorials, Op-Ed Outdoors If you want other stories on this topic, search the Archives at latimes.com/archives. 'lMSReprints Article licensing and reprint options Copyright 2005 Los Angeles Times I Privacy Policy I Terms of Servic Home Delivery I Advertise I Archives I Contact I Site Map I Help http://www.latimes.com/news/lOcal/la-me-dogs23aug23,1,5028940.story?ctrack=l&cset=t... 8/29/2005 CBC News - CBC News: Ontario moves to ban pit bulls Page 1 of 3 CBC.CA News - Full Story: Ontario moves to ban pit bulls Last Updated Fri, 15 Oct 2004 21:31:33 EDT CBC News TORONTO - Calling the dogs "ticking time bombs," Ontario's attorney general announced Friday that the province will become the first in Canada to ban pit bulls. · INDEPTH: Dogs Michael Bryant said legislation to ban the dogs will be introduced within a month. Canada's most populous province will allow current owners of pit bulls to keep their pets, but will place an absolute ban on new ownership of the dogs throughout the province. Attorney General Nlichael Bryant Following a transition period, pit bulls will have to be muzzled and leashed, along with being neutered or spayed, said Bryant. "! am convinced that pit bulls are ticking time bombs," he said, calling them "inherently dangerous animals." Referring to recent attacks, Bryant defended his government's decision to crack down on the pets, saying: "How many limbs are going to have to be severed before we do something about these dogs? "We cannot have these animals walking the streets, the fields, or the family rooms of Ontario." The province will also implement new restrictions and penalties on irresponsible dog owners of all breeds, he said. http ://www.cbc.ca/story/c anada/national/2004/1 O/15/pitbulls_ontario041015.html ?print 9/13/2005 CBC News - CBC News: Ontario moves to ban pit bulls Page 2 of 3 Under the proposed legislation, dog owners could face jail sentences or fines of up to $10,000. · FROM AUG. 31, 2004: Ontario mulls province-wide ban on pit bulls The government legislation comes in response to numerous pit-bull attacks on Ontario residents, including a number of children. In a recent incident in Toronto, two of the animals continued to attack a man even after police shot them repeatedly. The man was "practically eaten alive from the ankles up," said Bryant. Animal activists were quick to applaud the proposed legislation, but questioned whether it would be enforceable. Liz White of the Animal Alliance of Canada said it's too hard to determine which dogs are pit bulls, since it's a cross-breed that can display many different looks. In the end, innocent dogs will end up being destroyed, White said. Meanwhile, Ontario .lustice Patrick Deacon ruled Friday a pit bull cross named "Bandit" can be put down. The dog mauled a three-year-old boy last year and left injuries requiring more than 200 stitches. Pit bulls have come under criticism after recent attacks. The humane society had argued Bandit has been rehabilitated but Deacon said there was no guarantee the dog would not attack another person. Municipalities in the province already had the option of banning pit bulls under the Ontario Municipal Act. The cities of Kitchener, Waterloo, and Windsor have effectively banned pit bulls and placed restrictions on owners. Winnipeg has had a ban on the dogs since 1990, and other cities across the country such as Vancouver have vicious dog bylaws requiring the dogs to be muzzled and leashed. Copyright ©2005 Canadian Broadcasting Corporation - All Rights http ://www.cbc.ca/story/canada/national/2004/1 O/15/pitbulls_ontario041015.html ?print 9/13/2005 CBC News - CBC News: Pit bull owners to launch legal challenge against ban Page 1 of 2 CBC.CA News - Full Story: Pit bull owners to launch legal challenge against ban Last Updated Thu, 25 Aug 2005 07:40:01 EDT CBC News On the eve of a law that will ban pit bulls, Ontario breeders are fighting back. They will launch a legal challenge Monday which claims the ban violates breeders' constitutional rights. Supporters, including the American Staffordshire Club of Canada, say that Ontario's law is so vague and unscientific that it will affect many animals that shouldn't be banned. · CBC INDEPTH: Banning the breed: The debate over pit bulls The law forbids Staffordshire bull terriers, American Staffordshire terriers, American pit bull terriers and any other dog with "an appearance and physical characteristics substantially similar to any of those dogs." Last year, Ontario's attorney general Michael Bryant introduced the ban after a spate of vicious attacks on children, adults and pets by pit bulls. In a widely-reported case, Toronto police fired more than a dozen bullets into two pit bulls that had turned on the man who was walking them as a favour for a friend. In another in London, Ont., a woman and her seven-year-old son watched in horror as a pit bull latched onto her husband's arm as he tried to keep the family puppy out of the dog's reach. Bryant called the dogs "ticking time bombs." The ban will make it illegal to breed pit bulls in Ontario or bring the dogs into the province. Dogs already in Ontario will be allowed to stay as long as they are sterilized, leashed and muzzled in public. http://www.cbc~ca/st~ry/canada/nati~na~/2~~5/~8~25/pit-bu~~-suit-2~~5-~8-25.htm~ ?print 9/13/2005 CBC News - CBC News: Pit bull owners to launch legal challenge against ban Page 2 of 2 Registered purebreds will be exempt from sterilization as long as they continue to participate in authorized dog shows. Puppies born after Nov. 27 must be shipped out of the province, given to a research facility or destroyed. While some breeders are fighting the ban, others are leaving the province. "It means I'm going to be moving out of Ontario," said Ann Mathews. Mathews has been breeding purebred American Staffordshire terriers for seven years. "It means I'll be leaving my three grandchildren, my five children and moving to a province that isn't so arrogant and isn't so stupid about the laws." Steve Barker, Ontario director of the Dog Legislation Council of Canada, is also fighting the ban. He said that pit bulls make up only five to 10 per cent of the dog population and are only responsible for a similar share of dog bites. "They're not particularly biting any more than any other dog, not even necessarily any worse than any other dog," Barker said. However, pit bulls get the bad press. Copyright ©2005 Canadian Broadcasting Corporation - All Rights Reserved http://www.cbc.ca/st~ry~canada/nati~na~/2~~5/~8~25/pit-bu~~-suit-2~~5-~8-25.htm~?print 9/13/2005 Pit bulls Page 1 of 4 Candace Horsley From: drapport [drapport@pacbell.net] Sent: Thursday, July 28, 2005 11:45 AM To: mari rodin Cc: Candace Horsley Subject: Re: Pit bulls Mari- Below you will see a collection of regulations and cases regarding pit bull regulation. To answer your questions, the City could ban pit bulls specifically or all dogs from the concerts in the park events or from any or all of the city parks. The City could go further and ban pitt bulls in the City or subject them to special regulations. In other cities and counties, regulations have been upheld which require special treatment of pit bulls (keeping muzzled and in kennels or other secure area), and imposing harsh penalties on pit bull owners whose dogs injury someone in an unprovoked attack. As you can see, the City already prohibits dogs in Alex Thomas Plaza. In addition, the City requires all dogs in parks to be on a leash that is no longer than six feet. Local ordinances that classify pit bulls by breed as vicious or ban pit bulls or impose special regulations on pit bulls have been the subject of federal district court and appellate court decisions throughout the United States, although not specifically in California. The idea that pit bulls as a breed are uniquely dangerous and can be justifiably singled out for special regulation appears to be uniformly recognized. (See below for some quotes and citations, which include eight decisions in 5 states and the Distdct of Columbia.) The City could adopt an ordinance to do whatever the City Council decided was appropriate regarding pit bulls or dogs in general. 1976: REGULATION OF DOGS AND OTHER ANIMALS: The provisions of §4151 of the Ukiah Municipal Code shall be enforced within all City park lands as designated in Section _!_9_6~. In addition, it shall be unlawful to permit a dog to defecate upon such lands. (Ord. 786, §1, adopted 1982) 2000.1' RULES AND REGULATIONS FOR ALEX R. THOMAS, JR., PLAZA: Notwithstanding any other provisions of this Code to the contrary, all persons or organizations using Alex R. Thomas, Jr., Plaza ("Plaza") shall comply with the following: A. No person shall use a bicycle, skateboard, rollerblade, rollerskate or nonmotorized conveyance in the Plaza. Bicycles may be parked in racks provided by the City for this purpose. (See also Section !_9___7_2_ of this Chapter.) B. No person shall use or possess alcoholic beverages in the Plaza without a permit issued pursuant to Section !9_9__Q of this Chapter. C. No person shall permit a dog under his or her ownership or control to enter upon or remain in the Plaza. 4153: DOGS' 81112005 Pit bulls Page 2 of 4 It shall be unlawful and an infraction for any person who owns, harbors or keeps any dog: A. To permit or cause such dog to run at large, roam or run estray; to fail to keep the dog under physical control when the dog is upon any public property or private property without the express permission of the owner or the custodian of such property. Dogs permitted on public property must be on a leash not exceeding six feet (6') in length. Defendant argues that the testimony of the animal control officer, Miller, regarding the dangerousness of pit bulls, conclusively establishes that Willy's attack was "unpredictable" in the sense that it could not reasonably have been anticipated. This interpretation is not compelled. Some of that testimony consists of responses to ungrammatical questions and as such does not establish any proposition with certainty. n 1 But a possible fair reading of Miller's testimony is that he used "unpredictable" not in the sense that no one could predict whether the dog would ever attack, but rather, in the sense that the dog could be expected to attack without advance warning or apparent cause. Thus Miller's testimony could support an inference that pit bulls are known to be [*'19] liable to attack human beings. There is also evidence, consisting mainly of physical evidence seized from defendant's home, showing that defendant is a connoisseur of fighting pit bull dogs and had sought out a vicious dog in order to have him fight successfully. Berry v. Superior Court, 208 Cal. App. 3d 783 "Pit bull" is another name for the pit bullterrier or bullterrier (Webster's New Internat. Dict. (3d ed. 1970) p. 1724), which is defined as "a short-haired terrier of a breed originated in England by crossing the bulldog with terriers to develop a dog of speed, hardihood, and powerful bite for use in dog fights.. .." (Id., at p. 295. ) The fact that the approaching dog was a pit bull is another factor that supports the court's conclusion that it was objectively reasonable for Proulx to have responded to the situation as he did. n13 [*119] The law simply does not require a reasonable officer in Proulx's circumstances to have used less force to protect himself, his police dog, and the officers [** 18] standing nearby, n14 Footnotes n 13 Although the court assumes for purposes of this motion that Blitz was a friendly, nonviolent dog who would not have harmed the officers or the police canine, a reasonable officer in Proulx's position would not have known this and could reasonably have assumed the contrary. Again, without impugning the mild-mannered nature of Blitz in particular, the court takes judicial notice of just a few of the legal opinions issued by federal circuit courts which mention pit bulls. See, e.g., __U_n_j~t~e_d __F_~._3_~__5~_~,___5____5J__£7~th_C~r_:____2_~0~_~)Cthe police discussed several potential threats to officer safety--including the fact that pit bull dogs (known for their hostility to strangers) had been seen on the property"); ~_~n."~¥~:..C.i.~ty~-~.igh~P-Qi.~t~`.3.3~-?~)~"l?..4.~.2~(~-t~h~Cir.-~Q~3.~CH~t Rod was part pit bull, and pit bulls, like Rottweilers, are a dangerous breed of dog."); ~__nj~Led___S__t_a___t_c_$__y, ~00_3~_U~._S_.~__.A_pp~.L~,_[__S___!.Q~8_7_,~__*__3.gO~._(~tth cir. May 29, 2003 )(unpublished opinion)CWheeler also appeals the Government's introduction of evidence that he owned vicious pit bull dogs that were used to protect his drug operations."); see generally Russell G. Donaldson, "Validity and Construction of Statute, Ordinance, or Regulation Applying to Specific Dog Breeds, Such as 'Pit Bulls' or 'Bull Terriers,'" One federal district court in particular made the following findings of fact concerning pit bulls before upholding a municipal ordinance that prohibited the owning or harboring of Pit Bull Terriers or other vicious dogs: 8/1/2005 Pit bulls Page 3 of 4 Pit Bulls also possess the quality of gameness, which is not a totally clear concept, but which can be described as the propensity to catch and maul an attacked victim unrelentingly until death occurs, or as the continuing tenacity and tendency to attack repeatedly for the purpose of killing. It is clear that the unquantifiable, unpredictable aggressiveness and gameness of Pit Bulls make them uniquely dangerous. Pit Bulls have the following distinctive behavioral characteristics: a) grasping strength, b) climbing and hanging ability, c) weight pulling ability, d) a history of frenzy, which is the trait of unusual relentless ferocity or the extreme concentration on fighting and attacking, e) a history of catching, fighting, and killing instinct, f) the ability to be extremely destructive and aggressive, g) highly tolerant of pain, h) great biting strength, i) undying tenacity and courage and they are highly unpredictable. While these traits, tendencies or abilities are not unique to Pit Bulls exclusively, Pit Bulls will have these instincts and phenotypical characteristics; most significantly, such characteristics can be latent and may appear without warning or provocation. The breeding history of Pit Bulls makes it impossible to rule out a violent propensity for any one dog as gameness and aggressiveness can be hidden for years. Given the Pit Bull's genetical physical strengths and abilities, a Pit Bull always poses the possibility of danger; given the Pit Bull's breeding history as a fighting dog and the latency of its aggressiveness and gameness, the Pit Bull poses a danger distinct from other breeds of dogs which do not so uniformly share those traits. While Pit Bulls are not the only breed of dog which can be dangerous or vicious, it is reasonable to single out the breed to anticipate and avoid the dangerous aggressiveness which may be undetectable in a Pit Bull. 8/1/2005 Pit bulls Page 4 of 4 Vanater v. South Point, 717'F. Supp. 1236, 1240-41 (S.D. Ohio 1989). [*'19] American Dog Owners Ass'n v. Dade County, 728 F. Supp. 1533 (D. Ct. S.D. Fl. 1989) [upheld county ord. imposing special regulations for pit bulls] Colorado Dog Fanciers, Inc. v. Denver, 820 P.2d 644 (Col. Ct. App. 1991) [upheld Denver Ordinance banning pit bulls] McNeely v. United States, 874 A.2d 371 (D.C. C of A 2005) [upheld Wash. D.C. ord. imposing penalties and fines against pit bull owners whose dogs cause injury in an unprovoked attack] Hearn v. Overland Park, 244 Kan. 638 (C of A 1989) [special regulation of pit bulls upheld] State v. Anderson, 57 Ohio St. 3d 168 (Oh S.C. 1991) [upheld special regulations of pit bulls] Singer v. Cincinnati, 57 Ohio App. 3d l[ord, banning pit bulls upheld] David J. Rapport Rapport and Marston 405 W. Perkins Street Ukiah, Ca. 95482 Tel: 707-462-6846 Fax: 707-462-4235 Alt. 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AOl'lOd AGENDA ITEM NO: //'~ '~ MEETING DATE: September 21,2005 SUMMARY REPORT SUBJECT: DISCUSSION REGARDING LEAGUE OF CALIFORNIA CITIES RESOLUTIONS PACKET The City has received the League of California Cities resolutions packet for the upcoming annual conference. This packet contains the various resolutions that will be voted on by the General Resolutions Committee on Friday October 7th. City voting delegates, Rodin and Baldwin, will be in attendance at the meeting to vote on the City of Ukiah's behalf. There are eight resolutions that have been introduced for consideration. Attached, please find the resolutions and guidelines. If there are any that Council wishes to review and discuss at the City Council meeting, this is the appropriate time, as the conference will occur on October 6th through the 8t'. RECOMMENDED ACTION: Discuss and provide direction regarding resolutions. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Candace Horsley, City Manager League of California Cities Resolution Packet Approved: 1400 K STREET 602 East Huntington Dr., Ste. C OF CALIFORNIA SACRAMF, NTO, CA 95814 Monrovia, CA 9 l 016 p~,:(916) 658-8200 pH:(626) 305-1315 C I T l E S ~:x: (916) 658-8240 ~'x: (626) 305-1345 August 26, 2005 ~EUE~i~Efi Notice of League Annual Meeting and Transmittal of Resolutions Packet To: 1) Mayors and City Managers 2) Members of the League Board of Directors 3) Members of League Policy Committees 4) Members of the League's General Resolutions Committee Meetinq Notice The League of California Cities' 2005 Annual Conference will occur on October 6 - 8 at the Moscone Convention Center West, 800 Howard Street, San Francisco, California. The League's Concluding General Session / General Assembly will meet on Saturday morning at 10:00 a.m., October 8. The estimated start time for the Annual Business Meeting and discussion of resolutions is 10:30 a.m. Conference registration information has been previously sent to each city and is available at www.cacities.orq/ac. Packet Distribution Note to City Managers and City Clerks: Please distribute this packet immediately to the mayor and voting delegate, as well as other city officials planning to attend the conference. If your city needs additional copies, we encourage you to make copies of this packet or print a copy from the League's website (www.cacities.orq/resolutions). Only a limited number of additional copies will be available at the conference. Packet Contents At the conference, seven policy committees, the General Resolutions Committee and the League's General Assembly (comprised of designated voting delegates from each city) will consider the enclosed eight resolutions. This packet contains information relating to the General Assembly's decision-making processes: I. II. III. IV. V. VI. Information and Procedures Guidelines for Annual Conference Resolutions Location of Meetings Membership of General Resolutions Committee History of Resolutions Annual Conference Resolutions (8) We look forward to seeing everyone at the conference. Please Bring This Packet to the Annual Conference October 6 - 8, San Francisco INFORMATION AND PROCEDURES 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, ei.qht resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. Please note that some resolutions have been referred to more than one policy committee for consideration. POLICY COMMITTEES. Seven policy committees will meet at the Annual Conference. With the exception of the Community Services Policy Committee (which has no resolution assigned to it), all other policy committees will meet on Thursday, October 6. The committees that met on Thursdays will meet from 8:30 a.m. - 9:15 a.m. The committees that met on Fridays, will meet from 9:30 a.m. - 10:15 a.m. The sponsors of the resolutions were notified of the time and location of the meeting. Please see page iii for the meeting schedule. After resolutions are reviewed, recommendations will be made to the General Resolutions Committee. THE GENERAL RESOLUTIONS COMMITTEE will meet at 1:30 p.m., on Friday, October 7, at the Moscone Convention Center West, San Francisco, to consider the reports of the seven policy committees regarding the eight resolutions. This committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees, as well as additional city officials appointed by the League president. THE CONCLUDING GENERAL SESSION / GENERAL ASSEMBLY will convene at 10:00 a.m. on Saturday, October 8, at the Moscone Convention Center West. The estimated start time of the Annual Business Meetin.q, to consider the report of the General Resolutions Committee, is 10:30 a.m. Resolutions considered by 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 (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, the deadline is 10:30 a.m., Friday, October 7. If the parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Resolutions can be viewed on the League's website: www. cacities.orq/resolutions. Any questions concerning the resolutions procedure should be directed to Linda Welch Hicks at the League office: IhicksC, cacities.org or (916) 658-8224. Pat Eklund, President League of California Cities Council Member, Novato 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 city officials the opportunity 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 , Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply 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 new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws. III. LOCATION OF MEETINGS Policy Committee Meetings Thursday, October 6, 2005 Moscone Convention Center West 800 Howard Street (4t' & Howard St) San Francisco, California 94103 (415) 974-4000 8:30 a.m. - 9:15 a.m. 9:30 a.m. - 10:15 a.m. Employee Relations Administrative Services Housing, Community & Economic Environmental Quality Development Public Safety Revenue and Taxation (Note: Community Services will not meet as no resolutions were referred to this committee.) Transportation, Communication & Public Works General Resolutions Committee Friday, October 7, 2005, 1:30 p.m. Moscone Convention Center West 800 Howard Street, San Francisco General Assembly at the Annual Business Meeting Saturday, October 8, 2005, 10 a.m. Concluding General Session begins at 10 a.m. * Estimated start time for Business Meeting and discussion of resolutions is 10:30 a.m. Moscone Convention Center West 800 Howard Street, San Francisco IV. League of California Cities 2005 GENERAL RESOLUTIONS COMMITTEE Annual Conference - San Francisco Moscone Convention Center West - October 6 - 8, 2005 (Committee Meeting: October 7, 2005, 1:30 p.m.) Chair: Maria Alegria, Council Member, Pinole Vice Chair: Larry Clark, Mayor, Rancho Palos Verdes Parliamentarian: Aden Gregorio, Mediator, San Francisco Cynthia Adams, Council Member, Aliso Viejo Harry Armstrong, Council Member, Clovis Lou Bone, Mayor, Tustin Bill Brown, Chief of Police, Lompoc Jim Bruno, Council Member, Westlake Village John Chlebnik, Council Member, Calimesa Jeff Clet, Fire Chief, San Jose JoAnne Cousino, City Clerk, Barstow lya Falcone, Council Member, Santa Barbara Joe Fernekes, Mayor Pro Tem, So. San Francisco Tony Ferrara, Mayor, Arroyo Grande Sharon Fierro, Community Dev. Dir., Campbell Alice Fredericks, Council Member, Tiburon Lois Gaston, Council Member, Duarte Curt Hagman, Council Member, Chino Hills Kathy Hicks, Council Member, Walnut Creek Joe Kellejian, Mayor, Solano Beach Jeff Kolin, City Manager, Santa Rosa Linn Livingston, HR Director, San Bernardino Robert Locke, Finance & Admin. Svcs. Dir., Mt. View Robin Lowe, Vice Mayor, Hemet Paul Luellig, Mayor Pro Tem, Barstow Marsha McLean, Council Member, Santa Clarita Lisa Rapp, Public Works Director, Lakewood Michael Roush, City Attorney, Pleasanton Robert Rumfelt, Mayor, Lakeport Sedalia Sanders, Council Member, El Centro Arne Simonsen, Council Member, Antioch Bill Spriggs, Council Member, Merced Ron Swegles, Vice Mayor, Sunnyvale Miguel Ucovich, Council Member, Loomis Lori Van Arsdale, Council Member, Hemet Ana Ventura-Phares, Mayor, Watsonville A. Kay Vinson, City Clerk, Murrieta Laura Wright, Sr. Administrative Analyst, Pittsburg iv Mm HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A - Approve 2. General Resolutions Committee D - Disapprove 3. General Assembly N - No Action R_ Action Footnotes a- Aa- * Subject matter covered in another resolution ** Existing League policy Ra- *** Local authority presently exists Aaa - Raa - Refer to appropriate policy committee for study Amend Approve as amended Approve with additional amendment(s) Amend and refer as amended to appropriate policy committee for study Additional amendments and refer Da- Na- W Amend (for clarity or brevity) and Disapprove Amend (for clarity or brevity) and take No Action Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee. Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. Resolutions have been grouped by policy committees to which they have been assigned. Please note that some resolutions may have been assigned to more than one committee. These resolutions are noted by this si~n Number Key Word Index Reviewing Body Action 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 Publication of Home Addresses & Telephone Numbers of Elected & Appointed Officials COMMUNITY SERVICES POLICY COMMITTEE 1 2 II N°te INO resOlutiOns were assigned tO this pOlicycommittee. EMPLOYEE RELATIONS POLICY COMMITTEE 1 2 II 2 I Public Sect°r Ment°ring Pr°gram ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3 ~,3 Ahwahnee Water Principles for Resource-Efficient Land Use ~,4 Voluntary Statewide Residential Green Building Guidelines ~,5 Urban Environmental Accords Adopted by United Nations World Environmental Day HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE 1 2 3 ~,3 Ahwahnee Water Principles for Resource-Efficient Land Use ~,4 Voluntary Statewide Residential Green Building Guidelines ~,5 Urban Environmental Accords Adopted by United Nations World Environmental Day PUBLIC SAFETY POLICY COMMITTEE 1 2 3 6 Sexual Predators *7 Proposition 172 REVENUE AND TAXATION POLICY COMMITTEE 1 2 II .7 IProposition172 I TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE 1 2 3 · 5 Urban Environmental Accords Adopted bt United Nations World Environmental Day 8 Broadband Internet Access RESOLUTIONS INITIATED BY PETITION General Resolutions Committee Recommendation General Assembly Action vii VI 2005 ANNUAL CONFERENCE RESOLUTIONS RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE ,. RESOLUTION RELATING TO PUBLICATION OF HOME ADDRESSES AND TELEPHONE NUMBERS OF ELECTED AND APPOINTED OFFICIALS Source: City of Tustin Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, The Public Safety Officials Home Protection Act of 2002 added provisions to Government Code § 6254.21 that prohibit any person from knowingly posting the home address or telephone number of any elected or appointed official, or the official's residing spouse or child, on the Internet knowing that the person is an elected or appointed official and intending to cause imminent great bodily harm to that individual; and WHEREAS, elected and appointed officials are not protected in a similar manner from publication of their home address or telephone number in a newspaper or similar periodical; and WHEREAS, elected and appointed officials, as defined in § 6254.21, do receive threats and have become the target of violence at their homes, and the unauthorized publication of their home addresses or telephone numbers in newspapers or similar periodicals in ads or articles, like publication on the Internet, is a threat to the security of public officials in their homes; and WHEREAS, Government Code § 6254.21 should be amended or other legislation enacted which prohibits the unauthorized publication of the home addresses or telephone numbers of elected and appointed officials in newspapers or similar periodicals or otherwise provides protection to elected and appointed officials from such unauthorized publication; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, October 8, 2005, that the League support legislation to extend or provide protection to elected and appointed officials from the publication of their home addresses or telephone numbers in newspapers or similar periodicals. BACKGROUND INFORMATION ON RESOLUTION NO. I SOURCE: CITY OF TUSTIN TITLE: RESOLUTION RELATING TO PUBLICATION OF HOME ADDRESSES AND TELEPHONE NUMBERS OF ELECTED AND APPOINTED OFFICIALS Background: The Public Safety Officials Home Protection Act of 2002 amended State law to prohibit the posting of the name, address or telephone number of any elected official, or the official's residing spouse or child, on the Internet knowing that the person is an elected official and intending to cause imminent bodily harm to that individual. Elected officials are not protected in a similar manner from publication of their home addresses or telephone numbers in a newspaper or similar periodical. Being an elected official carries a responsibility to be accessible to the public. Letters, emails, conducting public hearings, public input at public meetings, voice messages, etc., are means to communicate with elected officials. More than ever, elected officials are subject to public scrutiny and interface with the public through traditional means and with interactive technology. At the same time, citizen legislators should expect reasonable privacy in their homes and be secure in the feeling that their public official status does not endanger themselves or their families. Unfortunately, carrying out their duties as elected officials can give rise to situations where some persons are dissatisfied to the point of inappropriate conduct towards elected officials. Elected officials do at times make decisions regarding regulatory measures, authorize litigation and affect the lives of individuals through discretionary decision making. Discharging these duties does at times upset some individuals. Elected officials should not have to unduly fear for their safety or that of their families when discharging their duties. If this resolution is enacted by the General Assembly of the League of California Cities, the League would support legislation to simply extend protection to elected officials that currently exists for the Internet to newspapers and other periodicals. IIIIIIII RESOLUTION REFERRED TO EMPLOYEE RELATIONS POLICY COMMITTEE 2. RESOLUTION RELATING TO PUBLIC SECTOR MENTORING PROGRAM Source: Personnel and Employee Relations Department Referred to: Employee Relations Policy Committee Recommendation to General Resolutions Committee: WHEREAS, many public sector employees will retire from service within the next five to ten years; and WHEREAS, the impact of these vacancies due to the loss of qualified staff and institutional knowledge will be particularly evident in critical positions such as department heads, managers, and supervisors; and WHEREAS, the community of public sector employers on whole are faced with serious issues regarding new recruitment and vacancies in critical positions in local government; and WHEREAS, the community of public sector employers are faced with the absence of a comprehensive, statewide, succession-planning strategy; and WHEREAS, the lack of succession planning impacts all city departments of local governing agencies from public safety to miscellaneous employees; and WHEREAS, one of the most efficient strategies to develop internal talent pools to fill critical vacancies within a local government agency is a comprehensive Mentoring Program; and WHEREAS, the Personnel and Employee Relations Department of the League of California Cities has developed a model Mentoring Program from which public agencies may benefit; and WHEREAS, all Departments of the League of California Cities will benefit from a Mentoring Program that addresses succession planning and staff development issues; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League support a statewide Mentoring Program that can be accessed via the League's website; and be it further RESOLVED, that the League support all local government succession planning and mentoring efforts, encourage each League Department to actively discuss and encourage such efforts, encourage each public agency to establish succession plans and mentoring programs, and to use the Personnel and Employee Relations Department Mentoring Program as a model. BACKGROUND INFORMATION ON RESOLUTION NO. 2 SOURCE: PERSONNEL AND EMPLOYEE RELATIONS DEPARTMENT TITLE: RESOLUTION RELATING TO PUBLIC SECTOR MENTORING PROGRAM. Background: This resolution is the result of the Personnel and Employee Relations Department's ongoing efforts to establish a comprehensive, statewide mentoring program. The objective of the Mentorship program is to establish a database of qualified Human Resources professionals, and other professionals from all areas of public service, to provide guidance and career counseling for individuals seeking to advance their public sector professions. The Mentoring Program seeks trained professionals with sufficient qualifications to become Mentors, and who are willing to advise others seeking car career advancement in the public sector. The Mentoring Program would also seek to pair the Mentors with individuals needing professional guidance on advancing their careers in the public sector. Qualified individuals would be listed in a database, which would be available through the League of California Cities Website. Individuals seeking to advance and/or develop further as a public sector professional would be linked to qualified Mentors approved by the Employee Relations Department's Executive Board. The Employee Relations Executive Board Officers are anticipating a large number of public sector professionals to retire in the next 5 to 10 years, and public agencies do not have a sufficiently qualified pool of candidates to fill the expected vacancies. Through a comprehensive Mentoring Program, future professionals in all areas of public service would have a resource to assist in their career development; public agencies would have a resource that assists them in creating future leaders to fill critical and important positions. The expected results of this program are the following: · A sharing of public institutional knowledge that transcends a variety of fields in public sector. · Development of the next wave of professionals and managers in the public sector. · Increase in the quality of professionals in the public sector to address the workforce that will be retiring in the next 5 to 10 years. The Personnel and Employee Relations Department has sponsored a resolution to call attention to the mentoring program and necessity for succession planning efforts in each public agency in the State. The League has and will continue to fight funding issues on the part of public agencies. The lack of qualified leaders and staff is just as critical. The Employee Relations Department strongly urges the League of California Cities to support the Mentoring Program and to actively encourage each public agency to support and engage in mentoring and succession planning efforts. //////I/ RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE RESOLUTION RELATING TO THE AHWAHNEE WATER PRINCIPLES FOR RESOURCE-EFFICIENT LAND USE Source: Jake Mackenzie, Mayor, Rohnert Park Referred to: Environmental Quality and Housing, Community & Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community & Economic Development Policy Committee: WHEREAS, cities are facing major challenges with water contamination, storm water runoff, flood damage liability, and concerns about whether there will be enough reliable water for current residents as well as for new development, issues that impact city budgets and taxpayers; and WHEREAS, land use decisions made at the local level have major impacts on local, regional, and state water resources in terms of quality, quantity, and availability; and WHEREAS, the Local Government Commission, in partnership with the League of California Cities and the California State Association of Counties, sought funding from the State Water Resources Control Board to develop principles related to water-efficiency and land use; and WHEREAS, the Local Government Commission developed a set of principles known as the Ahwahnee Water Principles for Resource-Efficient Land Use which address the disconnect between local land use decisions and water resources, and which complement the earlier Ahwahnee Principles for Resource-Efficient Communities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League encourage its member cities to adopt the Ahwahnee Water Principles for Resource-Efficient Land Use and to implement the Principles in their future land use decisions. Attachment: Ahwahnee Water Principles for Resource-Efficient Land Use The Ahwahnee Water Principles for Resource-Efficient Land Use Preamble Cities and counties are facing major challenges with water contamination, storm water runoff, flood damage liability, and concerns about whether there will be enough reliable water for current residents as well as for new development. These issues impact city and county budgets and taxpayers. Fortunately there are a number of stewardship actions that cities and counties can take that reduce costs and improve the reliability and quality of our water resources. The Water Principles below complement the Ahwahnee Principles for Resource-Efficient Communities that were developed in 1991. Many cities and counties are already using them to improve the vitality and prosperity of their communities. Community Principles 1. Community design should be compact, mixed use, walkable and transit-oriented so that automobile-generated urban runoff pollutants are minimized and the open lands that absorb water are preserved to the maximum extent possible. (See the Ahwahnee Principles for Resource-Efficient Communities) . Natural resources such as wetlands, flood plains, recharge zones, riparian areas, open space, and native habitats should be identified, preserved and restored as valued assets for flood protection, water quality improvement, groundwater recharge, habitat, and overall long-term water resource sustainability. o Water holding areas such as creek beds, recessed athletic fields, ponds, cisterns, and other features that serve to recharge groundwater, reduce runoff, improve water quality and decrease flooding should be incorporated into the urban landscape. o All aspects of landscaping from the selection of plants to soil preparation and the installation of irrigation systems should be designed to reduce water demand, retain runoff, decrease flooding, and recharge groundwater. , Permeable surfaces should be used for hardscape. Impervious surfaces such as driveways, streets, and parking lots should be minimized so that land is available to absorb storm water, reduce polluted urban runoff, recharge groundwater and reduce flooding. 6. Dual plumbing that allows grey water from showers, sinks and washers to be reused for landscape irrigation should be included in the infrastructure of new development. , Community design should maximize the use of recycled water for appropriate applications including outdoor irrigation, toilet flushing, and commercial and industrial processes. Purple pipe should be installed in all new construction and remodeled buildings in anticipation of the future availability of recycled water. . Urban water conservation technologies such as Iow-flow toilets, efficient clothes washers, and more efficient water-using industrial equipment should be incorporated in all new construction and retrofitted in remodeled buildings. 9. Ground water treatment and brackish water desalination should be pursued when necessary to maximize locally available, drought-proof water supplies. Implementation Principles 1. Water supply agencies should be consulted early in the land use decision-making process regarding technology, demographics and growth projections. . City and county officials, the watershed council, LAFCO, special districts and other stakeholders sharing watersheds should collaborate to take advantage of the benefits and synergies of water resource planning at a watershed level. 3. The best, multi-benefit and integrated strategies and projects should be identified and implemented before less integrated proposals, unless urgency demands otherwise. 4. From start to finish, projects and programs should involve the public, build relationships, and increase the sharing of and access to information. 5. Plans, programs, projects and policies should be monitored and evaluated to determine if the expected results are achieved and to improve future practices. Authors: Celeste Cantu Susan Lien Longville Mary Nichols Robert Wilkinson Martha Davis Jake Mackenzie Virginia Porter Kevin Wolf Jennifer Hosterman Jonas Minton Al Wanger Editor: Judy Corbett For more information, contact the LGC Center for Livable Communities: 916-448-1198, ext 321 © Copyright 2005, Local Government Commission, Sacramento CA 95814 BACKGROUND INFORMATION ON RESOLUTION NO. 3 SOURCE: JAKE MACKENZIE, MAYOR, ROHNERT PARK TITLE: RESOLUTION RELATING TO THE AHWAHNEE WATER PRINCIPLES FOR RESOURCE-EFFICIENT LAND USE Background: The Local Government Commission, in partnership with the League of California Cities and the California State Association of Counties, sought funding from the State Water Resources Control Board to develop principles related to water-efficiency and land use. The Local Government Commission developed a set of principles known as the Ahwahnee Water Principles for Resource-Efficient Land Use which address the disconnect between local land use decisions and water resources, and which complement the earlier Ahwahnee Principles for Resource-Efficient Communities The Ahwahnee Water Principles for Resource-Efficient Land Use provide cities with a framework to reduce the impact that their growth decisions can have on the quality and quantity of their water resources. Maintaining adequate water supplies and water quality, and protecting the beneficial uses of water, depends largely on land use decisions made by local government. Land use choices either cause or avoid physical impacts to aquatic, wetland, riparian habitat and habitat connectivity, construction and post-construction urban pollution, and alteration of flow regimes and groundwater recharge. The distribution of impervious surfaces and design of storm drain collector systems also have both immediate and long-term impacts on aquatic resources watershed-wide. All in all, the current disconnect between water supplies and quality and land-use regulation has resulted in chronic permitting conflicts, costly regulatory delays, and inadequate resource protection. After-the-fact regulatory control is at best a partial substitute for resource- sensitive planning that assures the efficient use of water and avoids environmental degradation. To make matters worse, political jurisdictions rarely correspond to physical watersheds, and cross-jurisdictional coordination and cooperation is rare or nonexistent. The relationship between land use and water will become increasingly critical given California's projected population growth and urbanization. The Local Government Commission believes that it is extremely important to inform local elected officials about their critical role in addressing future water supplies and the protection of other beneficial uses. For these reasons, we encourage the League of California Cities to adopt this resolution endorsing the Ahwahnee Water Principles for Resource-Efficient Land Use, and support adoption of the Ahwahnee Water Principles for Resource-Efficient Land Use by its member cities, and implementation of the Principles in their future land use decisions. In 2003, local elected officials from throughout the state indicated interest in the principles and support for the proposal to the SWRCB, including: Aliso Viejo Councilmember Karl Warkomski Buena Park Councilmember Art Brown Buenaventura Councilmember Neil Andrews Carlsbad Mayor Ramona Finnila Cloverdale Councilmember Robed Jehn Davis Councilmember Michael Harrington Imperial Beach Councilmember Patricia McCoy Irvine Councilmember Beth Krom Loomis Councilmember Walt Scherer Los Angeles Councilmember Ruth Galanter Modesto Mayor Carmen Sabatino Monterey County Supervisor Edith Johnsen Napa County Supervisor Diane Dillon Pinole Councilmember Maria Alegria Placer County Supervisor Harriet White Pleasanton Councilmember Jennifer Hosterman Redwood City Mayor Richard Claire Richmond Vice Mayor Tom Butt Rolling Hills Estates Councilmember John Addleman Rohnert Park Councilmember Jake Mackenzie St. Helena Mayor Ken Slavens San Bernardino Councilmember Susan Lien Longville San Jose Councilmember Linda LeZotte San Luis Obispo Councilmember Christine Mulholland San Luis Obispo County Supervisor Shirley Bianchi Santa Clara Councilmember John McLemore Santa Monica Mayor Richard Bloom Santa Rosa Vice Mayor Jane Bender Sonoma Councilmember Larry Barnett South Gate Mayor Hector De La Torre Stanislaus County Supervisor Pat Paul Tehama County Supervisor Barbara Mclver Ukiah Councilmember Mari Rodin Ventura County Supervisor Kathy Long Watsonville Mayor Richard de la Paz Woodside Councilmember David Tanner Visalia Mayor Jesus Gamboa Metropolitan Water District Boardmember Judy Abdo fi////// RESOLUTION RELATING TO VOLUNTARY STATEWIDE RESIDENTIAL GREEN BUILDING GUIDELINES Source: Easy Bay Division Referred to: Environmental Quality Policy Committee and Housing, Community and Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: WHEREAS, California cities strive to preserve and improve the natural and built environment of communities in California, protecting the health of their residents and visitors while fostering their economy; and WHEREAS, the "green building" concept is a whole systems approach to the design, construction and operation of buildings that employs materials and methods that promote natural resource conservation, energy and water efficiency and good indoor air quality; and WHEREAS, green buildings benefit building industry professionals, residents and communities by improving construction quality, increasing building durability, reducing utility, maintenance, water and energy costs, creating healthier homes and enhancing comfort and livability; and WHEREAS, in recent years, green building design, construction, and operational techniques have become increasingly widespread in California and the nation, with many homeowners, businesses, and building professionals voluntarily seeking to incorporate green building techniques into their projects; and WHEREAS, the Alameda County Waste Management Authority had developed a series of voluntary Green Building Guidelines designed specifically for the residential building industry (New Home Construction, Home Remodeling, Multifamily; and WHEREAS, the practices contained in these residential Green Building Guidelines were selected for their viability in today's market and their ability to promote sustainable buildings and communities; and WHEREAS, a number of cities and counties throughout California have used these guidelines and; WHEREAS, to provide regional and statewide consistency, the State Green Residential Environmental Action Team (GREAT) under the leadership of the California Integrated Waste Management Board (CIWMB) is developing voluntary, statewide Residential Green Building Guidelines based on Alameda County's guidelines; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League support the voluntary inclusion of green building design and strategies in residential public and private development projects; and be it further RESOLVED, that the League endorse voluntary, statewide Residential Green Building Guidelines as developed by GREAT and CIWMB; and be it further RESOLVED, that the League encourage cities to adopt the statewide residential guidelines as a reference guide and explore incentives to encourage their use by private developers of residential construction projects. BACKGROUND INFORMATION ON RESOLUTION NO. 4 SOURCE: EAST BAY DIVISION TITLE: RESOLUTION RELATING TO VOLUNTARY STATEWIDE RESIDENTIAL GREEN BUILDING GUIDELINES Background: In order to meet expected California population growth, approximately 220,000 housing units will need to be added annually until 2020. According to the State of California this growth and housing development will have significant impacts in terms of energy consumption, waste generation, water use, transportation, and other quality of life factors. An effective way to reduce these impacts is by incorporating green building in projects. Green building is one of the fastest growing trends in the building industry, according to Better Homes & Gardens magazine. Interest in green building spans the public, private and nonprofit sectors. Local governments in California, such as City of Santa Monica and the Alameda County Waste Management Authority, have developed green building guidelines and educational programs. The California Building Industry Association created the California Green Builder program, and the National Association of Homebuilders released guidelines this year. The U.S. Green Building Council developed the LEED (Leadership in Energy and Environmental Design) rating system, which is being used for institutional and commercial buildings nationally. The State of California is leading by example by requiring all State buildings to be constructed to a LEED Silver standard (Governor's Executive Order #S-20-04) and by promoting the Collaborative for High Performance Schools. What is green building? In a nutshell, green building means taking steps to create buildings that are safe and healthy for people and that protect our environment. For example, proper orientation of homes on a site can significantly reduce the heating and cooling energy that is required year after year. Recycled-content decking, reclaimed lumber and other products put waste to good use, while providing quality and durability that often exceed conventional materials. Advanced framing techniques can substantially reduce lumber requirements without compromising structural integrity. Using Iow-emitting interior finishes and designing for sufficient ventilation will contribute to better indoor air quality. While specific methods and products may vary from project to project, the basic principles of green building apply to all types of new construction and renovation, from remodeling a kitchen to constructing a courthouse. What are the benefits of green building? Green building promotes a whole-systems approach to the planning, design, construction and operation of buildings. This comprehensive approach benefits communities, residents and businesses by: · Improving construction quality and increasing building longevity · Reducing utility, maintenance and infrastructure costs · Protecting the health of workers and residents · Enhancing quality of life in our communities · Supporting manufacturers and suppliers of resource-efficient building products What are Residential Green Building Guidelines? Residential Green Building Guidelines educate builders, homeowners and municipalities about cost-effective green building practices that are applicable to home construction methods in California. The Guidelines were first developed through a collaborative partnership among builders, green building experts and government staff in Alameda County. The New Home Construction Guidelines are being revised to be applicable throughout California and compatible with all available third party verification programs. An interagency state task force led by the California Integrated Waste Management Board, including the California Air Resources Board, California Energy Commission, and Office of Environmental Health Hazard Assessment, is providing technical guidance. Numerous local governments have also contributed to its development. Why the need for Residential Guidelines? Residential Guidelines will facilitate sustainable home construction practices by: · Providing local governments with a ready-to-use educational tool · Offering a range of green homebuilding practices from simple to sophisticated · Encouraging statewide consistency to increase predictability for builders · Providing a way for builders to differentiate themselves in the marketplace EAST BAY DIVISION ACTION At their Board of Directors meeting on June 16, 2005, the East Bay Division unanimously approved the attached Resolution supporting the Voluntary Statewide Residential Green Building Guidelines RECOMMENDATION It is recommended that the Environmental Quality Policy Committee recommend to the General Resolutions Committee adoption of the Voluntary Statewide Residential Green Building Guidelines Resolution: · Supporting the inclusion of green building design and strategies in public and private development projects · Encouraging the California Integrated Waste Management Board to take a leadership role in providing model statewide residential guidelines · Encouraging cities in California to adopt voluntary residential guidelines, evaluate available third party verification programs, and explore incentives to encourage green building by private developers of residential construction projects IIIIIIII 10 *,5. RESOLUTION RELATING TO THE URBAN ENVIRONMENTAL ACCORDS ADOPTED AT UNITED NATIONS WORLD ENVIRONMENT DAY Source: Gavin Newsom, Mayor, San Francisco Referred to: Environmental Quality; Housing, Community and Economic Development; and Transportation, Communication and Public Works Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: - Transportation, Communication and Public Works Policy Committee: WHEREAS, for the first time in history, the majority of the planet's population now live in cities and that continued urbanization will result in one million people moving to cities each week, thus creating a new set of environmental challenges and opportunities; and WHEREAS, mayors of cities around the globe have a unique opportunity to provide leadership to develop truly sustainable urban centers based on culturally and economically appropriate local actions; and WHEREAS, the Urban Environmental Accords, which were developed as part of United Nations World Environment Day 2005 and signed in San Francisco on June 5, 2005, comprise 21 actions to provide first steps toward urban environmental sustainability, in topic areas of energy, waste reduction, urban design, urban nature, transportation, environmental health, and water; and WHEREAS, in the spirit of the 1972 Stockholm Conference on the Human Environment, the 1992 Rio Earth Summit, the 1996 Istanbul Conference on Human Settlements, the 2000 Millennium Development Goals, and the 2002 Johannesburg World Summit on Sustainable Development, the Urban Environmental Accords build on the synergistic extension of efforts to advance sustainability, foster vibrant economies, promote social equity, and protect the planet's natural systems; and WHEREAS, over seventy cities from six continents have already adopted the Urban Environmental Accords, coming together to write a new chapter in the history of global cooperation to promote this collective platform and to build an ecologically sustainable, economically dynamic, and socially equitable future for our urban cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, October 8, 2005, that the League calls to action all California mayors to sign the Urban Environmental Accords and collaborate with us to implement the Accords; and be it further RESOLVED, that by signing the Urban Environmental Accords we commit to encourage our city governments to adopt these Accords and commit our best efforts to achieve the Actions stated within; and be it further RESOLVED, that by implementing the Urban Environmental Accords, we aim to realize the right to a clean, healthy, and safe environment for all members of our society. Attachment: Urban Environmental Accords 11 ~' URBAN ENVIRONMENTAL ACCORDS Signed on the occasion of United Nations Environmental Programme World Environmental Day June 5, 2005, in San Francisco, California Green Cities Declaration Recognizing that for the first time in history, the majority of the planet's population now lives in cities and that continued urbanization will result in one million people moving to cities each week, thus creating a new set of environmental challenges and opportunities; and Believing that as Mayors of cities around the globe, we have a unique opportunity to provide leadership to develop truly sustainable urban centers based on culturally and economically appropriate local actions; and Recalling that in 1945 the leaders of 50 nations gathered in San Francisco to develop and sign the Charter of the United Nations; and Acknowledging the importance of the obligations and spirit of the 1972 Stockholm Conference on the Human Environment, the 1992 Rio Earth Summit (UNCED), the 1996 Istanbul Conference on Human Settlements, the 2000 Millennium Summit, and the 2002 Johannesburg World Summit on Sustainable Development, we see the Urban Environmental Accords described below as a synergistic extension of the efforts to advance sustainability, foster vibrant economies, promote social equity, and protect the planet's natural systems; Therefore, be it resolved, today on World Environment Day 2005 in San Francisco, we the signatory Mayors have come together to write a new chapter in the history of global cooperation. We commit to promote this collaborative platform and to build an ecologically sustainable, economically dynamic, and socially equitable future for our urban citizens; and Be it further resolved that we call to action our fellow Mayors around the world to sign the Urban Environmental Accords and collaborate with us to implement the Accords; and Be it further resolved that by signing these Urban Environmental Accords, we commit to encourage our City governments to adopt these Accords and commit our best efforts to achieve the Actions stated within. By implementing the Urban Environmental Accords, we aim to realize the right to a clean, healthy, and safe environment for all members of our society. Implementation & Recognition The 21 Actions that comprise the Urban Environmental Accords are proven first steps toward environmental sustainability. However, to achieve long-term sustainability, cities will have to progressively improve performance in all thematic areas. Implementing the Urban Environmental Accords will require an open, transparent, and participatory dialogue between government, community groups, businesses, academic institutions, and other key partners. Accords implementation will benefit where decisions are made on the basis of a careful assessment of available alternatives using the best available science. The call to action set forth in the Accords will most often result in cost savings as a result of diminished resource consumption and improvements in the health and general well-being of city residents. Implementation of the Accords can leverage each city's purchasing power to promote and even require responsible environmental, labor and human rights practices from vendors. 12 Between now and the World Environment Day 2012, cities shall work to implement as many of the 21 Actions as possible. The ability of cities to enact local environmental laws and policies differs greatly. However, the success of the Accords will ultimately be judged on the basis of actions taken. Therefore, the Accords can be implemented though programs and activities even where cities lack the requisite legislative authority to adopt laws. The goal is for cities to pick three actions to adopt each year. In order to recognize the progress of cities to implement the Accords a City Green Star Program shall be created. At the end of the seven years a city that has implemented: 19 - 21 Actions shall be recognized as a -k-k-k-k City 15 - 18 Actions shall be recognized as a -k-k-k City 12 - 17 Actions shall be recognized as a -k-k City 8 - 11 Actions shall be recognized as a -k City Energy Renewable Energy. Energy Efficiency. Climate Change Waste Reduction Zero Waste · Manufacturer Responsibility. Consumer Responsibility Urban Design Green Building · Urban Planning · Slums Urban Nature Parks · Habitat Restoration · Wildlife Transportation Public Transportation · Clean Vehicles .Reducing Congestion Environmental Health Toxics Reduction · Healthy Food Systems · Clean Air Water Water Access and Efficiency. Source Water Protection · Waste Water Reduction Energy Action 1 Adopt and implement a policy to increase the use of renewable energy to meet ten per cent of the city's peak electric load within seven years. Action 2 Adopt and implement a policy to reduce the city's peak electric load by ten per cent within seven years through energy efficiency, shifting the timing of energy demands, and conservation measures. Action 3 Adopt a citywide greenhouse gas reduction plan that reduces the jurisdiction's emissions by twenty-five per cent by 2030, and which includes a system for accounting and auditing greenhouse gas emissions. Waste Reduction Action 4 Establish a policy to achieve zero waste going to landfills and incinerators by 2040. Action 5 Adopt a citywide program that reduces the use of a disposable, toxic, or non-renewable product category by at least fifty per cent in seven years. Action 6 Implement "user-friendly" recycling and composting programs, with the goal of reducing by twenty per cent per capita solid waste disposal to landfill and incineration in seven years. 13 Urban Design Action 7 Adopt a policy that mandates a green building rating system standard that applies to all new municipal buildings. Action 8 Adopt urban planning principles and practices that advance higher density, mixed use, walkable, bikeable, and disabled-accessible neighborhoods which coordinate land use and transportation with open space systems for recreation and ecological restoration. Action 9 Adopt a policy or implement a program that creates environmentally beneficial jobs in slums and/or Iow-income neighborhoods. Urban Nature Action 10 Ensure that there is an accessible public park or recreational open space within half-a- kilometer of every city resident by 2015. Action 11 Conduct an inventory of existing canopy coverage in the city and then establish a goal based on ecological and community considerations to plant or maintain canopy coverage in not less than 50 per cent of all available sidewalk planting sites. Action 12 Pass legislation that protects critical habitat corridors and other key habitat characteristics (e.g. water features, food-bearing plants, shelter for wildlife, use of native species, etc.) from unsustainable development. Transportation Action 13 Develop and implement a policy which expands affordable public transportation coverage to within half-a-kilometer of all city residents in ten years. Action 14 Pass a law or implement a program that eliminates leaded gasoline (where it is still used); phases down sulfur levels in diesel and gasoline fuels, concurrent with using advanced emission controls on all buses, taxis, and public fleets to reduce particulate matter and smog- forming emissions from those fleets by 50 per cent in seven years. Action 15 Implement a policy to reduce the percentage of commuter trips by single occupancy vehicles by ten per cent in seven years. Environmental Health Action 16 Every year, identify one product, chemical, or compound that is used within the city that represents the greatest risk to human health and adopt a law and provide incentives to reduce or eliminate its use by the municipal government. Action 17 Promote the public health and environmental benefits of supporting locally grown organic foods. Ensure that twenty per cent of all city facilities (including schools) serve locally grown and organic food within seven years. Action 18 Establish an Air Quality Index (AQI) to measure the level of air pollution and set the goal of reducing by 10 per cent in seven years the number of days categorized in the AQI range as "unhealthy" or "hazardous." Water Action 19 Develop policies to increase adequate access to safe drinking water, aiming at access for all by 2015. For cities with potable water consumption greater than 100 liters per capita per day, adopt and implement policies to reduce consumption by 10 per cent by 2015. 14 Action 20 Protect the ecological integrity of the city's primary drinking water sources (i.e., aquifers, rivers, lakes, wetlands and associated ecosystems). Action 21 Adopt municipal wastewater management guidelines and reduce the volume of untreated wastewater discharges by ten per cent in seven years through the expanded use of recycled water and the implementation of a sustainable urban watershed planning process that includes participants of all affected communities and is based on sound economic, social, and environmental principles. Note: A copy of the original document is available online at: http://www.wed2005.orq/3.1 .php BACKGROUND INFORMATION ON RESOLUTION NO. 5 Not Provided by Sponsor //////// RESOLUTIONS REFERRED TO HOUSING~ COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE ,3. RESOLUTION RELATING TO THE AHWAHNEE WATER PRINCIPLES FOR RESOURCE-EFFICIENT LAND USE Source: Jake Mackenzie, Mayor, Rohnert Park Referred to: Environmental Quality and Housing, Community & Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community & Economic Development Policy Committee: NOTE: To see the resolution text and background, please refer to the Environmental Quality section. ,4. RESOLUTION RELATING TO VOLUNTARY STATEWIDE RESIDENTIAL GREEN BUILDING GUIDELINES Source: Easy Bay Division Referred to: Environmental Quality Policy Committee and Housing, Community and Economic Development Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: NOTE: To see the resolution text and background, please refer to the Environmental Quality section. 15 RESOLUTION RELATING TO THE URBAN ENVIRONMENTAL ACCORDS ADOPTED AT UNITED NATIONS WORLD ENVIRONMENT DAY Source: Gavin Newsom, Mayor, San Francisco Referred to: Environmental Quality; Housing, Community and Economic Development; and Transportation, Communication and Public Works Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: - Transportation, Communication and Public Works Policy Committee: NOTE: To see the resolution text, please refer to the Environmental Quality section. RESOLUTIONS REFERRED TO PUBLIC SAFETY POLICY COMMITTEE 6. RESOLUTION RELATING TO SEXUAL PREDATORS Source: City of La Mesa Referred to: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, existing law provides that: (1) minors adjudged wards of the juvenile court may be placed in community care facilities; and (2) an inmate released on parole for commission of lewd or lascivious acts or continuous sexual abuse of a child shall not be placed or reside (for the duration of the period of parole) within 1/4 mile of a school; and WHEREAS, Senator Hollingsworth introduced SB 1051 with the support of Assemblyman Jay La Suer which would: (1) prohibit a licensed community care facility receiving state funds and located within one mile of any school from accepting juveniles undergoing treatment, therapy, or counseling for sexual disorders, deviancy, or sexual misbehavior of any kind; and (2) expand the 1/4 mile distance restriction to one mile; and WHEREAS, the said exclusion of juveniles from specified licensed community care facilities and the expansion of the distance requirement to one mile is necessary and appropriate to maximize the protection of our communities' youth against potential attacks by sexual predators; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, October 8, 2005, that the League support SB 1051 for purposes of maximizing the protection of our communities' youth against potential attacks by sexual predators. BACKGROUND INFORMATION ON RESOLUTION NO. 6 Not Provided by Sponsor IIIIIIII 16 e7. RESOLUTION RELATING TO PROPOSITION 172 Source: San Diego County Division Referred to: Public Safety and Revenue and Taxation Policy Committees Recommendation to General Resolutions Committee: - Public Safety Policy Committee: - Revenue and Taxation Policy Committee: WHEREAS, on November 2, 1993, California voters approved Proposition 172, the Local Public Safety Protection and Improvement Act of 1993 which established a permanent statewide half-cent sales tax for the support of local public safety activities in cities and counties; and WHEREAS, Proposition 172 was placed on the ballot by the Legislature and the Governor to partially replace the $2.6 billion in property taxes shifted from local agencies to local school district's "educational revenue augmentation funds" (ERAF); and WHEREAS, the proceeds of the funds, pursuant to Proposition 172, were to be used by cities and counties to provide necessary funds to "public safety services" including but not limited to sheriffs, police, fire protection, county district attorneys and county corrections; and WHEREAS, cities in San Diego County contribute a disproportionate share of ERAF, and in 1996 Senator Steve Peace introduced SB 8 which caps receipts of Proposition 172 revenues to cities at 5.56%, while the County of San Diego continues to draw 94.35% of these funds even though they do not have a fire agency nor significantly assist other local fire agencies in the unincorporated portions of the county with financial assistance; and WHEREAS, the San Diego County Division of the League of California Cities unanimously endorses an appropriate modification of the distributions of Proposition 172 revenues; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 2005, that the League endorse and support the San Diego County Division's efforts to amend the distribution formula to reflect an equitable distribution of Proposition 172 public safety revenues. BACKGROUND INFORMATION ON RESOLUTION NO. 7 SOURCE: SAN DIEGO COUNTY DIVISION TITLE: RESOLUTION RELATING TO PROPOSITION 172 Background: On November 2, 1993, California voters approved Proposition 172, the Local Public Safety Protection and Improvement Act of 1993, which established a permanent statewide half- cent sale tax for support of local public safety activities in cities and counties. Proposition 172 was placed on the ballot by the Legislature and the governor to partially replace the $2.6 billion 17 in property taxes shifted from local agencies to local school district's "educational revenue augmentation funds" (ERAF). Relative to the use of Proposition 172 revenues, Section 30052(b)(1) of the California Government Code defines "public safety services" as including, but not limited to, sheriffs, police, fire protection, county district attorneys and county corrections. Section 30052(b)(1) further states that public safety services do not include courts. To further protect the intended use of Proposition 172 taxes and to avoid the perception that law enforcement and the legislative communities, local jurisdictions, would use these public safety funds to supplant local revenues that would otherwise accrue to public safety functions. AB2788 was enacted during the 1994 legislative session. It requires that a "Maintenance of Effort" threshold be met in order to utilize Proposition 172 funds. The bill established the 1992- 93 approved budget as the base year as the minimum funding level in order to receive full allocation of Proposition 172 revenues. Local Allocation of Proposition 172 Funds State voters were led to believe that a "yes" vote for Proposition 172 would mean more funds for all "public safety services." Cities contribute 14% of ERAF funds, counties 77% and special districts 7% annually, but Proposition 172 allocations do not mirror ERAF property tax shifts; further local agencies vary in degree to which Proposition 172 compensates for ERAF property tax loss. While counties contribute significantly higher percentages of property taxes than city governments, in 1996 Senator Steve Peace (D-San Diego) introduced Senate Bill 8 which changed the allocation in San Diego County directing 94.35% of the funds to the county with the remaining 5.65% to the 18 cities in the county. Proposition 172 generates $200 million annually for the region with annual growth in the range of $6 million. Statewide, revenues approach $2.5 billion with counties receiving $2.15 billion (94%) and cities receiving $350 million (6%). (See attached spreadsheet.) Keeping Faith with the Voters The language of Proposition 172 promised the voters "an ironclad guarantee statewide that this money, estimated at approximately 1.4 billion dollars a year, would go to where it was needed the most: police, fire protection, district attorneys and jails." While all polls showed that the initiative was headed for resounding defeat, an unfortunate turn of events convinced the voters that such tax support was needed as viewers statewide witnessed the huge wildfire storms in Laguna Beach and Malibu and the heroic efforts of firefighters to protect life and property. 18 San Diego County has similar, yet a more extensive history of major wildfire including the following examples: FIRE NAME DATE ACRES STRUCTURES STRUCTURES DEATHS BURNED LOST DAMAGES Conejos Fire July 1950 62,000 Not Available Not Available 0 Laguna Fire Oct. 1970 190,000 382 Not Available 5 Harmony Fire Oct. 1996 8,600 122 142 1 (Carlsbad Elfin Forest, San Uarcos) La Jolla Fire Sept. 1999 7,800 2 2 1 (Palomar Mountain) Viejas Fire Jan. 2001 10,353 23 6 0 Gavilan Fire Feb. 2002 6,000 43 13 0 (Fallbrook) Pines Fire (Julian, July 2002 61,690 45 121 0 Ranchita) Cedar Oct. 2003 273,246 4,847 380 15 While several of these fires predate Proposition 172, San Diego County divested themselves of any public safety responsibilities in the area of fire protection in 1974, by terminating their contract with the California Department of Forestry to provide fire protection in the unincorporated portions of the county. San Diego County continues to be without a consolidated fire department to provide fire protection to its constituents, yet continues to collect hundreds of millions of dollars annually in Proposition 172 monies. The responsibility for providing fire protection to these areas now falls on some 28 local fire agencies in these unincorporated areas. The incorporated areas either have their own fire departments or contract with several local fire agencies. Recommendation The disproportionate share of Proposition 172 funds in San Diego, and other urban counties, needs serious review and adjustment of the current formula. At its July 21, 2005 business meeting, the San Diego County Division of the League of California Cities unanimously approved to sponsor a statewide resolution at the League's October 8, 2005 State Convention. The request is to seek the endorsement and support of the delegates regarding the San Diego Division's efforts to amend the existing distribution formula including, but not limited to, a countywide initiative to change the current distribution formula of Proposition 172 to one based on the growth of population and sales tax increase. At its August 8, 2005 regular business meeting, the San Diego County Division again unanimously reaffirmed their July 21, 2005 action, to seek via resolution, the League's Delegates endorsement for proposed actions in the modification to the current formula used in the distribution of Proposition 172 revenues in San Diego County. 19 2O RESOLUTION REFERRED TO REVENUE AND TAXATION POLICY COMMITTEE · 7. RESOLUTION RELATING TO PROPOSITION 172 Source: San Diego County Division Referred to: Public Safety and Revenue and Taxation Policy Committees Recommendation to General Resolutions Committee: - Public Safety Policy Committee: - Revenue and Taxation Policy Committee: NOTE: To see the resolution text and background, please refer to the Public Safety section. RESOLUTIONS REFERRED TO TRANSPORTATION~ COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE ,5. RESOLUTION RELATING TO THE URBAN ENVIRONMENTAL ACCORDS ADOPTED AT UNITED NATIONS WORLD ENVIRONMENT DAY Source: Gavin Newsom, Mayor, San Francisco Referred to: Environmental Quality; Housing, Community and Economic Development; and Transportation, Communication and Public Works Policy Committees Recommendation to General Resolutions Committee: - Environmental Quality Policy Committee: - Housing, Community and Economic Development Policy Committee: - Transportation, Communication and Public Works Policy Committee: NOTE: To see the resolution text, please refer to the Environmental Quafity section. 8. RESOLUTION RELATING TO BROADBAND INTERNET ACCESS Source: Gavin Newsom, Mayor, San Francisco Referred to: Transportation, Communication and Public Works Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the United States ranks behind 15 other industrialized countries in the percentage of residents using broadband Internet connections; and WHEREAS, the availability of broadband service is critical to attracting, growing, and retaining businesses in the highly competitive global marketplace; and WHEREAS, broadband service is proving valuable to the economic transitioning and growth of distressed urban and rural communities; and 21 WHEREAS, broadband service to access information and resources is pivotal to eliminating the digital divide and promoting the economic and personal self-sufficiency of Iow- income individuals; and WHEREAS, local governments are seeking to meet the needs of their communities for broadband service where such service is unavailable, inadequate, or prohibitively expensive; and WHEREAS, local government can play an important role in achieving President Bush's goal of universal broadband deployment by 2007; and WHEREAS, local governments are beginning to establish wireless municipal broadband networks for underserved residents, either directly or in partnership with others; and WHEREAS, for example, there has been a ten-fold increase in the number of public power companies offering broadband service over the past decade; and WHEREAS, the permissibility of and conditions under which local governments can offer broadband service will be considered in the upcoming rewrite of the Telecommunications Act of 1996; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, October 8, 2005, that the League support state and federal legislation to ensure the continued ability of local governments to offer broadband Internet service access to citizens; and be it further RESOLVED, that the League of California Cities request the National League of Cities to support federal legislation to ensure the continued ability of local governments to offer broadband Internet service access to citizens. BACKGROUND INFORMATION ON RESOLUTION NO. 8 Not Provided by Sponsor IIIIIIII [Note: No resolutions were assigned to the Community Services Policy Committee.] Policy/ACRES/05 Annual Conf/Resolutions/Resolutions 2005/RESOLUTIONS PACKET 05 22 United Way of America FREQUENTLY ASKED QUESTIONS ABOUT UNITED WAY RESPONSE TO HURRICANE KATRINA WHAT ROLE IS UNITED WAY PLAYING IN HURRICANE KATRINA RESPONSE? In communities large and sma[[ that are providing assistance to the families and individuals displaced by Hurricane Katrina, United Way is: Assessing the needs and resources of communities in partnership with local governments, service providers, faith-based organizations, schools, and other community organizations. 2) Helping displaced individuals and families by coordinating the services they need such as housing, child care, transportation, healthcare, education programs, job training, mental health counseling, social services and community assistance. 3) Connecting people in need with the services that can help them begin to heal. In nearly half of the country, this can be done via 2-1-~, a three-digit dialing system that makes a simple connection between those seeking services or volunteer opportunities and those providing them. United Way also provides significant support year-round - more than $450 million in 2003 - for immediate relief organizations such as American Red Cross and Salvation Army. This funding pays for operational and administrative expenses, enabling those organizations to be first responders in disasters. The United Way system is a leader in rebuilding lives. The work of United Way will go on long after the initial response efforts are completed. We are coordinating the long-term recovery planning process in many communities, with the goal of ensuring that displaced individuals: o Are physically secure and emotionally stable o Once again have a community to call home. UNITED WAY'S ROLE IN DISASTER: · Each United Way's role in its community is different, depending on the community's needs and the United Way's resources. Many United Ways have been active in coordinating the community's response, working with community Partners to ensure that immediate needs are met. Since United Ways are committed to long-term positive changes in community conditions, for most their primary role is to be a leader in the long-term recovery of the community - the work that goes on for months and often years after a disaster strikes. United Way of America's role is to work with our national partners to mobilize resources of ail kinds and get them into communities at the appropriate time to be best used. We also provide guidance and support to both impacted local United Ways and the other United Ways that want to offer assistance. 9:07 AM 9/20/2005 Version 7.3 United Way ~ of America what matters.TM WHAT IS THE DIFFERENCE BETWEEN RELIEF, RESPONSE AND RECOVERY?. Response is initiated as soon as an incident has occurred, or prior to onset of an event such as approaching hurricane and/or storm. There are two phases to response: emergency and relief. · Emergency Response - characterized by activities focused on the preservation of life and property--search and rescue, evacuation, emergency medical services, feeding and sheltering. · Relief Response - caring for basic human needs such as medical services and the provision of food, clothing and temporary shelter. Recovery is that time following a disaster in which agencies and organizations help affected persons and communities to develop and implement plans and structures for an extended recovery over a period of time. Recovery to each disaster is unique and the long-term recovery (going beyond the relief and initial cleanup to actual rebuilding of homes and [ives) may last weeks or years. (Definitions from "Long Term Recovery Manual," published by National Volunteer Organizations Active in Disaster [VOAD] and available at www. nvoad.org.) THE HURRICANE KATRINA RESPONSE FUND · Every dollar contributed to the United Way Hurricane Katrina Response Fund will be used to fund services that address both short- and long-term needs of the individuals and families affected by this profound human tragedy. United Way and its partners will cover all administrative costs for individual gifts. Our efforts will be focused on mobilizing and funding services for evacuees, as we[[ as helping families rebuild their lives longer term. · You can donate by credit card at www.unitedway.org or by calling 1.8oo.272.463o. · To donate by check, p[ease make it out to "United Way of America" and write "Hurricane Katrina Fund" in the memo line. Send it to: United Way of America P.O. Box 630568 Baltimore, MD 21263-o568 United Way of America board mere ber Rodney Slater will chair a working group of national and local volunteers and staffto provide oversight and guide specific uses of the Hurricane Katrina Response Fund. Mr. Slater is a former U.S. Secretary of Transportation and also former head of the Federal Highway Administration. He is currently a partner in its public policy practice group at Patton Bo§gs LLP in Washington, D.C. WHAT IS UNITED WAY GOING TO DO WITH THE MONEY RAISED? · Aid will be provided through local United Ways to rebuild lives and communities from the ground up. The money raised through the Hurricane Katrina Response Fund will be directed to fund a multitude of 9:07 AM 9/20/2005 Version 7.3 United Way of Am erica what matters.TM services, including ongoing housing needs, child care, healthcare services, education programs, job training, and community assistance. Funds will be used for investing in human capital, providing social services and economic redevelopment. United Way invests in communities and people for the long term. HOW TO VOLUNTEER: People from across the country are mobilizing in and around the Gulf Coast to lend a hand and volunteer. While it is still very difficult to send volunteers to the epicenter of the disaster, you may be able to help in a host community or even right where you live. Visit www.unitedwav.org to search for volunteer opportunities that have already been listed or share your contact information. You may not have to go any farther than your own community to volunteer in a very meaningful way. Local agencies and organizations from across the country are sending staff and volunteers to the Gulf Coast every day. As a result, there may be a shortage of volunteers where you live. Search for opportunities in and around your ZIP code by visiting www.unitedway.org. HOW TO DONATE GOODS OR SERVICES: · Agencies like Second Harvest manage donations of food and water, and the Salvation Army and many faith-based organizations manage donations of clothing and household items. An efficient way to distribute these types of items is to donate them locally. Local agencies have the infrastructures in place to accept and distribute these items where they're most needed, including to persons impacted by Hurricane Katrina. · You can post your product donations by visiting www.unitedway.org and completing an online form. We will let you know if we find an organization that can use them. WHY ISN'T UNITED WAY ON TELEVISION MORE? · Since our role is focused on the long-term needs of the community, often our work in the immediate aftermath of a disaster is one of support and coordination, done in the background. There are often other organizations in the community who have specific skills and expertise in emergency relief. United Way's role is to support those organizations while assessingthe needs and determining a strategy to begin rebuilding. Our work often gears up after the cameras leave. -. · United Way has developed United Way brand television, radio and web banner public service announcements (PSAs) and NFL television PSAs to support the Katrina Response Fund relief efforts. The Ad Council will be distributing the spots to more than 1,6oo television out[ets and lo,ooo radio outlets nationwide. In addition, the National Association of Broadcasters will distribute the television spots to all radio and television stations nationwide via satellite. RCN Corporation has agreed to run the United Way brand PSA on its cable systems, donating $3oo,ooo in media time. The PSA wiU air over ~o,ooo times across its cable networks during the next four weeks. 9:o7 AM 9/2o/2oo5 Version 7.3 Katrina: Our System for Fixing Broken Lives is Broken The unrivaled impact of Hurricane Katrina is measured not only in dollars and cents, but in human lives. Untold thousands are feared dead, and hundreds of thousands have been displaced from their homes or have lost all of their earthly possessions. Therefore, while contributing to the various relief funds is an essential element of our response to this national tragedy, money alone doesn't fix broken lives. What is needed is a human-based response that outlives the news media's attention to the Gulf States and addresses the less obvious, but no less significant challenges created by the devastation. If the Oklahoma City bombing and the September 11 th terrorist attacks are any indication, two things will surely occur in the aftermath of Hurricane Katrina. First, our emergency response preparedness will be dissected. Second, the American people will respond with characteristic generosity to meet the immediate needs of those affected. Each response is important, but each is ultimately predictable and insufficient. The assessment of our emergency response capabilities will likely be politicized and polarized, yielding changes only at the margins. And while the immediate response from people shows our immense capacity to care, it will not change the desperate conditions in which hundreds of thousands of people in the Gulf States, and millions of Americans elsewhere, live each day. What America needs to do now--not only in response to Hurricane Katrina, but in addressing the longstanding challenges facing communities nationwide--is to think and act beyond the traditional stimulus-response formula to serving those in need. Hurricane Katrina has arrested the nation's attention, while leading to a spike in fund raising for numerous charities. Yet, if a similar tragedy were to befall New Orleans in ten years, would the human anguish still fracture along the same racial and socioeconomic lines? The current delivery system for relief and social services is heroic but clearly inadequate. A new system, based on the principles described below, constitutes America's best course of action for having a long-term, positive impact on those in need. Adopt a human-based approach. Contrary to the system- or institution-based approach, which often results in bureaucratic gridlock because agencies require clients to conform to their individual intake and service systems, the human-based approach caters to the needs of the affected person. The customer-first principle is a hallmark of successful companies, but remains a stubborn challenge for public and private agencies. Operate fi'om a master plan. Community leaders need to develop a comprehensive plan to serve all Gulf State evacuees in any community that has accepted them. The elements of this plan will cover a broad scope of services ranging from crisis counseling, housing and daycare to cash assistance, education and job training. This same comprehensive approach is no less valid for communities seeking to eradicate teen pregnancy, drug use or illiteracy. Integrate the delivery of services. Hurricane Katrina offers a compelling microcosm of the need for a single source of information regarding relief services. 2-1-1, a toll-flee phone number that citizens can use to access essential services and volunteer opportunities, exists in Louisiana and now serves as the state's primary clearing house for requests for assistance and has accepted thousands of calls. Conversely, Mississippi, which lacks a 2-1-1 system, doesn't have a coordinated, statewide means of managing such requests. With 2-1-1 operating in less than half of the country, Congress should enact legislation and provide funding to establish an integrated nationwide 2-1-1 network that would allow service providers to seamlessly help those in need - regardless of where they are physically located. Stay committed to a community's long-term needs. In the last few months, when is the last time you encountered a news article about the rebuilding efforts in those Southeast Asian countries affected by the last year's tsunami, despite the fact that these efforts will take years to complete? We need to resist the temptation to shape programs and deploy resources based on the day's headline and remember that mental health counselors were getting new requests for service seven years after the bombing in Oklahoma City. This points to the need for agencies to set long-term goals and make the necessary commitments to achieve them. Create a $10 billion Human Development Fund. We will pour billions of dollars into rebuilding the physical infrastructure of New Orleans and the Gulf Coast, but let's also invest billions in rebuilding human lives through the creation of mixed income housing communities and neighborhoods; the creation ofjobs that pay enough to sustain a family; and the placement of services like grocery stores in all neighborhoods. Let's create family development accounts for college and home ownership; neighborhood redevelopment accounts that provide incentives to establish small businesses in challenged areas; and quality early education and education support services that includes the building of YMCA's attached to public schools to better serve kids and their families. While the human cost of Hurricane Katrina is ultimately incalculable, what is acutely apparent is that rebuilding the Gulf States will require a historic concentration of diverse resources spread across many years. Successfully managing an effort of such scale will require a measure of precision, coordination and commitment that our current delivery system simply cannot accommodate. With the wellbeing of hundreds of thousands of people hanging in the balance, isn't it time that America forged a new and better way of serving those in need? Brian A. Gallagher is the president and CEO of United Way of America.. September 12, 2005