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HomeMy WebLinkAbout2008-09-03 PacketCITY OF UKIAH CITY COUNCIL AGENDA Adjourned Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 3, 2008 6:00 P.M. ROLL CALL 2. PLEDGE OF ALLEGIANCE PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation of Certificates of Appreciation for Service to Community to Tom Hamblet and Joe Fowler. b. Proclamation for 'Recognition of Watershed Awareness and Appreciation Day' September 27, 2008 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of August 20, 2008 b. Adjourned Regular Minutes of August 20, 2008 6. 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. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption of Resolution Approving Andrade Parcel Map No. 07-32, and Accepting Easements and Rights -of -Way for Public Use b. Report to Council Clarifying Amount of Purchase of CCN Camera Truck for Sewer Maintenance to CUES, Inc. to Include Sales Tax for a Total of $178,315.11 C. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 2008- 2009 d. Rejection of Claim for Damages Received from Verna Cox and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund e. Report Expenditure for Network Wiring Modifications at the Corporation Yard from Telecom Services, Inc. for $10,308.72. 8. 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. 9. PUBLIC HEARINGS 6:15 PM a. Adoption of Resolution Approving Alice Evans Major Subdivision Map No. 07-35, Subdivision Exceptions and Variance Application 08-09 10. UNFINISHED BUSINESS a. Receive Status Report Concerning Code Compliance Activities b. Authorize the City Manager to Approve the Letter for Additional Engineering Services Associated with the Relocation of Gobbi Substation and Distribution Engineering Services. C. Approval of Automatic Update for Eligibility in the Ukiah C.A.R.E.S. Program to 200% of the Current Federal Poverty Income Guideline 11. NEW BUSINESS a. Police Department Strategic Planning Process Update: Presentation of Police Annual Report and Community Survey b. Authorize Mayor to Execute Agreement for Map and Description Checking by County of Mendocino for the City of Ukiah, DOT Agreement No. 080054 C. City Council Consideration of Sponsoring a $25,000 Grant Proposal to Common Sense California on Behalf of MendoFutures for the Purpose of Supporting MendoFutures' Planned Community Engagement Efforts Involving Water Issues 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Real Property Negotiators (§ 54956.8); Property: APN 002-232-09, 10, 11, 12 (portion); and APN 001-020-09; 002-255-02, 03; 001-050-11; 001-081-05 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah & Ukiah Unified School District b. Conference with Labor Negotiator (§54957.6) Agency Representative: Jane Chambers, City Manager Employee Organization: Fire Unit 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. 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 29th day of August, 2008. Linda C. Brown, City Clerk CITY OF UKIAH 5a CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 20, 2008 6:00 p.m. ROLL CALL Ukiah City Council met at a Regular Meeting on August 20, 2008, the notice for which being legally noticed on, August 15, 2008. Mayor Crane called the meeting to order at 6:02 pm. Roll was taken with the following Councilmembers present: Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Councilmembers absent: None. Staff present: City Manager Chambers, City Attorney Rapport, Community Services Supervisor Merz, Director of Community & General Services Sangiacomo, City Clerk Brown, and Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. a. Commendation of Airport Manager Paul Richey 6:03:1 1 PM Mayor Crane read the Commendation. Retired Airport Manager Richey addressed the Council, thanked the community, and expressed how pleased he is that the community can seethe value of the airport. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6:14:11 PM a. Regular Minutes of August 6, 2008 b. Adjourned Regular Minutes of 7/30/08 -Budget Hearing M/S Thomas/McCowen to approve the Regular Minutes of August 6, 2008 and Adjourned Regular Minutes of 7/30/08 -Budget Hearing as submitted. Motion carried by an all AYES voice vote of the members present. 6. RIGHT TO APPEAL DECISION CONSENT CALENDAR 6:15:13 PM M/S Rodin/Baldwin to approve the Consent Calendar items 7a through 7h: a. Disbursements for the Month of July 2008 b. Rejection of Claim for Damages Received from Kristin Franco and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund C. Report to Council Identifying the CPI Based Changes to the Schedule of Fees and Rates for Garbage and Recycling Collection Service for 2008/2009 Pursuant to the Collection Contract and as Approved in Resolution No. 2008-07 Adopted March 5, 2008 d. Report to Council Identifying the CPI Based Changes to the Fees and Rates at the Ukiah Valley Transfer Station e. Approval of Budget Amendments to Purchase and Internally Finance the Purchase of Seven Pieces of Parks/Golf Maintenance Equipment in the Amount of $106,742.63 CC 08/20/08 Page 1 of 4 Award of Bid to I -Roc Landscaping Materials for the Purchase of Crushed Rock in the Amount of $26,398.48 and Award of Bid to Healdsburg Landscape Materials for the Purchase of Infield Sand and Fill Dirt in the Amount of $21,315.66 to be Utilized for the Replacement of Surface Materials Lost During the 2005/2006 New Year's Flood as Approved by FEMA Award of Bid for Purchase of Police Watch Commander Vehicle in the Amount of $50,922.75 to EPPS Chevrolet – Pontiac Approval of Notice of Completion for the Fencing Project at Riverside Park, Specification No. 08-06 Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS None. 9. PUBLIC HEARINGS (6:15 PM) 6:17:01 PM a. Approval of Alice Evans Subdivision, Variance and Subdivision Exceptions—Continued to September 3, 2008 10. UNFINISHED BUSINESS 6:17:04 PM a. Adoption of Ordinance Adding Section 4502.5 to Division 5, Chapter 7, Article 2 of the Ukiah City Code, Prohibiting Smoking within Certain City Owned Parks and/or City Sponsored Events Community Services Supervisor Merz presented the item. Recommended Action: Adopt the Ordinance adding section 4502.5 to Division 5, Chapter 7, Article 2 of the Ukiah City Code, Prohibiting Smoking within Certain City Owned Parks and/or City Sponsored Events and Adopt the Resolution to become effective when the Ordinance becomes effective. M/S McCowen/Rodin to Adopt the Ordinance adding section 4502.5 to Division 5, Chapter 7, Article 2 of the Ukiah City Code, Prohibiting Smoking within Certain City Owned Parks and/or City Sponsored Events and Adopt the Resolution to become effective when the Ordinance becomes effective. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Crane and Councilmember Rodin recused themselves from item 10.b at 6:28 p.m. due to a potential conflict of interest. 6:28:13 PM b. Adoption of Resolution of the City of Ukiah Appointing the Only Nominees for City Council and City Treasurer to those Positions, Cancelling the General Municipal Election Currently Scheduled for November 4, 2008, and Requesting Mendocino County to Take All Steps Required to Remove the General Municipal Election from the Consolidated Election Scheduled for that Date 6:28:27 PM City Clerk Brown presented the item. Recommended Action: Adopt the Resolution Requesting the Mendocino County Board of Supervisors to Cancel the Municipal Election and appoint the three incumbents nominated. CC 08/20/08 Page 2 of 4 M/S McCowen/Thomas to Adopt the Resolution Requesting the Mendocino County Board of Supervisors to Cancel the Municipal Election and appoint the three incumbents or candidates who are nominated. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: Councilmember Rodin and Mayor Crane. C. Continuation of City Council Strategic Planning Efforts, Initiated April 2007 through September 2007 6:37:34 PM City Manager Chambers presented the item. Recommended Action: Appoint Ad - Hoc committees for each of the five subject areas outlined and reaffirm appointments for those committees already active, to serve September 2008 until sub -committees are appointed in early 2009. By Consensus, City Council agreed to the creation of Ad -Hoc committees for the five subject areas outlined in the staff report (Sales Tax, Municipal Service Review, Capital Improvement Program, Financial Policies, and Strategic Sub- committees/Communications); to hold a "check-in" meeting in December 2008; and authorized Mayor Crane to appoint Councilmembers to the AdHoc Committees. 11. NEW BUSINESS a. Report to Council Regarding Current Inland Water & Power Commission Items and Possible Action on Proposed Eel/Russian River Trans -Basin Diversion Settlement Shawn White, General Manager of Russian River Flood Control District, provided background on the diversion settlement and requested support in writing from City Council by September. 7:16:55 PM Public Comment opened 7:41 pm. Public Speaking to the Item: Carry Brown, resident of Potter Valley. 7:42:28 PM Public Comment closed 7:48 pm. M/S Baldwin/Rodin to direct staff to write a letter in support of the Proposed Eel/Russian River Trans -basin Diversion Settlement and for staff to show the proposed settlement to Brown and Caldwell, author of the City's Urban Water Management Plan, for their opinion if there is sufficient time prior to the release of the letter. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. The IWPC's right of first refusal language was discussed. A 2003 memo regarding the language from City Attorney Rapport will be forwarded to City Council by staff. By Consensus of City Council, no action was taken. 12. COUNCIL REPORTS 8:08:03 PM Councilmember Baldwin brought to the attention of the Sign Enforcement Subcommittee vehicles being used as billboards. 13. CITY MANAGER/CITY CLERK REPORTS 8:09:33 PM City Manager Chambers reported on the impact AB32 may have. By consensus, City Council directed staff to add AB32 to a future agenda. CC 08/20/08 Page 3 of 4 In the August 2008 issue of Western City, an article titled City Manager Profession Hits Century Mark, Looks Ahead, the claim was made that Staunton, VA was the first municipality to crate the position of City Manager in 1908. It looks like Ukiah, CA was actually the first in 1904. California State Governor has proposed a budget compromise which apparently does not include borrowing from Proposition 42 funds or local property tax. City Manager Chambers will send the information to Council. Recessed at 8:24 pm 8:24:45 PM Adjourn to Closed Session and Convene as Ukiah Redevelopment Agency 8:35 pm 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Real Property Negotiators (§ 54956.8); Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); and APN 001-271-01; 001- 040-14, 65, 08, & 71 (portion); 001-230-08; 157-070-01; 001-241-04 & 09; Negotiator: Jane Chambers, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero. Reconvened in Open Session at 9:45 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:45 pm. JoAnne M. Currie, Deputy City Clerk CC 08/20/08 Page 4 of 4 CITY OF UKIAH CITY COUNCIL MINUTES Adjourned Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 20, 2008 5:00 P.M. ROLL CALL Ukiah City Council met at an Adjourned RegularF,Meetinc for which being on, August 15, 2008 Vice- r �aidw 5:08 pm. Roll was taken with the foil rng Counc McCowen, Rodin, and Baldwin. Councr.1111, .r ers absei City Manager Chambers, City Attorney Rap :and Da� By Consensus, City Council `' ,jftar this item at Session August 27, 2008, at 5:!l pW*� g location on August 20, 2008, the notice i called meeting to order at Imembers`1-1-0sent: Thomas, t: Mayor Crar*.,Staff present: ity City Clerk Curie. Meeting Study with the Ukiah Valley Cultural at 5:22 pm. 5b ITEM NO. 3a DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION OF CERTIFICATES OF APPRECIATION FOR SERVICE TO COMMUNITY TO TOM HAMBLET AND JOE FOWLER On July 31, 2008, responding firefighters reported the quick reactions of two City of Ukiah employees likely saved the life of a father and son after the deck of their home was set on fire by a smoldering ember from their barbecue and nearly spread to the residence. Park/Golf Superintendent Tom Hamblet and Park/Golf Service Worker Joe Fowler, were driving by the trailer at 1001 E. Gobbi St. at about 7:30 a.m. on their way to Riverside Park for routine maintenance activities when they noticed a high burning fire on the trailer's deck. Mr. Hamblet and Fowler quickly responded to protect property and life. Mr. Fowler utilized a vehicle fire extinguisher to douse the flames while Mr. Hamblet called the fire department and pounded on the door of the residence to awaken the occupants. When the homeowner came to the door, he indicated that he and his 6 year old son had been asleep and were not aware there was a fire threatening their home. Mr. Hamblet and Mr. Fowler continued to extinguish the fire while emergency personnel responded. By the time firefighters arrived, Mr. Hamblet and Mr. Fowler had the fire under control and had kept it from spreading to the trailer which was later reported to lack smoke detectors. Firefighters reported that the fire would have spread quickly if it had reached the trailer and commended the quick reaction of Mr. Hamblet and Mr. Fowler who were credited with saving property and life by both the responding fire captain and the homeowner. Attached is a copy of the Ukiah Daily Journal's coverage of the incident. The City of Ukiah is please to present Certificates of Appreciation to Tom Hamblet and Joe Fowler for outstanding service to community. RFr..nnnMFNnPn ACTInN• Present Certificates of Aooreciation to Tom Hamblet and Joe howler. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A MizenAdvised: NIA Requested by: N/A Prepared by: Sage Sangiacomo, Director of Community and General Services and Katie Merz, Community Services Supervisor Coordinated with: Jane Chambers, City Manager Attachments: 1 - August 1 2008 Ukiah Daily Journal Article APPROVED:�� Jai Chambers, City Manager Attachment #1 Father, -son saved fi-som fire Tv,o c'jlv workel", (Invill" by fil-dit Hanle" mid zlvvak'm residents of tradel, I..h IhMiLq 6 1oft lk ..I Paul *wiiilh and his &-year-,Ad can Adam are thankiul as they sit on the edge of IhAit deck wohi,h caught fitefi,xii a smoldefing bAtbe- U(- ember Thursday nioining.The till "Ie aveaken.?dby P., PEN PRCIWN The WIN Joullml I - holm r 11, Aw kn. 1 1'... i.y . -f I ibnh - xpl­'. 14, 1" ."-f h. W. , 1�'6' wi .. Ir "N 2 H1, .6. fin: b, 't'. Nql<'U.. ,nu Irk tp'�'J I.. it., A-& , 111j"11 V.,11, , II., 111 bi. I I 'pi J.'N. K 11 rf., II-- x., A Vvk. ..nd ..ij­a ll,tt 1,,, A.,T. 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CILAMALTION "RECOGNITION OF WATERSHED AWARENESS AND APPRECIATION DAY" SEPTEMBER 27, 2008 WHEREAS, a watershed is defined as the area of land between ridge tops from which rainfall and snow melt drain into a stream or other water body, and is sometimes referred to as a drainage basin; and WHEREAS, watersheds include all living things within its boundaries, such as plants, animals and human beings; and WHEREAS, a healthy watershed provides for the capture, storage and safe release of precipitation, provides a multitude of vegetation, includes diverse populations of fish and wildlife, includes unpolluted waterways; and WHEREAS, the Russian River Watershed is 110 miles long and includes Mendocino, Sonoma and Marin Counties, and the City of Ukiah derives water from the Russian River; and WHEREAS, public education and outreach are important to the success in maintaining a healthy watershed; WHEREAS, on September 27, 2008, in Downtown Ukiah, Watershed Poetry Mendocino 2008 will celebrate the importance of watersheds to our community, and help raise awareness of their significance through art, poetry, and discussion; NOW, THEREFORE, BE IT RESOLVED, that the City of Ukiah in the County of Mendocino, hereby proclaims September 27, 2008, as: "Watershed Awareness and Appreciation Day" and urges residents to participate in the scheduled event and to make practical ecological choices throughout the year in order to live in harmony with nature and to be aware of the importance of the watershed to our community. NOW, THEREFORE, I, Doug F. Crane, Mayor of the City of Ukiah, on behalf of my fellow City Council Members, Mari Rodin, Phil Baldwin, John McCowen, and Benj Thomas do hereby proclaim September 27, 2008, as: "Watershed Awareness and Appreciation Day" and urge residents to participate in the scheduled event and to make practical ecological choices throughout the year in order to live in harmony with nature and to be aware of the importance of the watershed to our community. Signed and sealed, this 3p day of September, in the year Two Thousand and Eight. Dough* F. Crane, Mayor ITEM NO.: 7a DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING ANDRADE PARCEL MAP NO. 07-32 AND ACCEPTING EASEMENTS AND RIGHTS-OF-WAY FOR PUBLIC USE SUMMARY: On December 6, 2007, the City Engineer conditionally approved the Minor Subdivision Tentative Map for Hector Andrade at 601 Redwood Avenue. This project involved the subdivision of an approximately 35,889 square foot parcel in the R-1 (Single -Family Residential) zoning district to three parcels of 12,438, 10,619, and 11,389 square feet. This Agenda Item is seeking the Council's adoption of a Resolution, as required by City Code, approving the Parcel Map and accepting on behalf of the public all lands, easements and rights of way offered for public use as designated on said map. The City Engineer has reviewed and confirmed that the Parcel Map is in substantial conformance with the approved Tentative Map. BACKGROUND: The Andrade Minor Subdivision is located at the westerly terminus of Redwood Avenue. Required street improvements included the extension of Redwood Avenue to the westerly boundary of the subject property, pavement widening, curb, gutter, sidewalk, and street trees along the subject property frontage, and a "T" turnaround for public use between Parcels 2 and 3. Public street improvements have been completed in accordance with the approved plans, City Standards and Conditions of Approval, and the developer has entered into a maintenance agreement to perform any necessary maintenance and repairs for a period of 24 months. CITY ENGINEER CERTIFICATION: As indicated above, the City Engineer, Tim Eriksen, has reviewed and certified that the Parcel Map is consistent with the Tentative Map approved by the City Engineer on December 6, 2007. Based on this review, Mr. Eriksen also concluded the Parcel Map was prepared in accordance with Title 7, Chapter 2 of the Government Code of the State of California (Map Act) and with the Ukiah Municipal Code requirements for subdivisions. RECOMMENDED ACTION: 1. Adopt Resolution approving Parcel Map # 07-32 and accepting on behalf of the public all lands, easements and rights of way offered for public use as designated on said map for the purposes specified thereon. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not approve the Parcel Map and provide direction to staff. Citizen Advised: N/A Requested by: Hector Andrade, property owner Prepared by: Ben Kageyama, Senior Civil Engineer Coordinated with: Jane Chambers, City Manager and Charley Stump, Planning Director Attachments: 1. Resolution approving Parcel Map 2. Parcel Map of Minor Subdivision No. 07-32 APPROVED: Jit;y( J.0 Chambers, City Manager ATTACHMENT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF UKIAH APPROVING PARCEL MAP NO. 07-32 WHEREAS, on August 25, 2006, Tim Eriksen, the Ukiah City Engineer, reviewed and checked the Parcel Map for Minor Subdivision No. 07-32, as submitted by Hector Andrade, and certified it is substantially the same as the Tentative Map approved by the City Engineer on December 6, 2007, and that the Parcel Map was prepared in accordance with Title 7, Chapter 2 of the Government Code of the State of California (Map Act) and with the Ukiah Municipal Code requirements for subdivisions; and WHEREAS, a Mitigated Negative Declaration prepared for the project was found adequate and complete by the City Engineer. NOW, THEREFORE, BE IT RESOLVED THAT the Parcel Map for Minor Subdivision No. 07-32 (Attached Exhibit A), is approved conditioned upon all applicable State Statutes, local ordinances, and the Conditions of Approval for the Tentative Map, and accepted on behalf of the public all lands, easements and rights of way offered for public use as designated on said map for the purposes specified thereon. PASSED AND ADOPTED on , 2008 by the following roll call vote AYES: NOES: ABSTAIN: ABSENT: Doug Crane, Mayor ATTEST: Linda Brown, City Clerk ��5n :£ vaa Use ine�c y$ APS`7 �ISr I kA pp :: P 813478. wG i l.AmV0t9* k PAHCLZ o R � Nor \ u � gP uv. f 5a- srH 3, k% « '3�^yrot�rVJia ap' On* �. mo Ate' OF« (a«n LCL rca4L N-0 —'— IA56�ruU< —JQ �� Lq ✓ Ao0.' O�Lr R[UN d ... afF.L MAP No.07"32„ omm & Als bt � n »m'o i� — � rmm PANCA- 1 4 PAS � On* �. mo Ate' OF« (a«n LCL rca4L N-0 —'— IA56�ruU< —JQ �� Lq ✓ Ao0.' O�Lr R[UN d ... afF.L MAP No.07"32„ omm & Als bt � n »m'o i� — ITEM NO: 7b MEETING DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL CLARIFYING AMOUNT OF PURCHASE OF CCN CAMERA TRUCK FOR SEWER MAINTENANCE TO CUES, INC. TO INCLUDE SALES TAX FOR A TOTAL OF $178,315.11 At the City Council meeting of August 6, 2008, Council approved the purchase of a CCVT Camera Truck to Cues, Inc. in the amount of $165,489.66. This report has been written to advise Council that Staff inadvertently excluded the sales tax associated with the purchase. The award of purchase of the Camera Truck to Cues, Inc. has been amended to an amount of $178,315.11 (an increase of $12,825.45) to include the sales tax. As reported previously, this purchase was budgeted within fund 698.3510.800.000 and sufficient funds are available. RECOMMENDED ACTION: Report to Council clarifying amount of purchase of CCTV Camera Truck for sewer maintenance to Cues, Inc. to include sales tax for a total of $178,315.11. ALTERNATIVE COUNCIL OPTIONS: Reject all bids and provide direction to Staff Citizens Advised: N/A Requested by: Ann Burck, Interim Water/Sewer Operations Supervisor Prepared by: Dan Hunt, Interim Water/Sewer Maintenance Supervisor Coordinated with: Jane Chambers, City Manager Attachments: N/A Approved: e Chambers, City Manager ITEM NO. 7c DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SETTING THE LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 2008-2009 The passage of Proposition 4 in 1979 (Article XIIIB of the California Constitution), requires local governments to prepare a statement of appropriations limitation. Also, each of the governing bodies must pass a resolution setting the appropriations limit for each budget year. The City's appropriation growth rate is limited to the change in the greater of the City of Ukiah's or Mendocino County's population growth rate and the change in California's per capita personal income. Exhibit A, attached to the Fiscal Year 2008-09 Proposed Resolution (Attachment 1), sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 2008- 2009 fiscal year. For these calculations, each revenue source and General Fund transfer, listed in the adopted budgets, must be allocated as "proceeds from taxes" or "non -proceeds from taxes." Adoption of the Fiscal Year 2008-2009 Resolution (Attachment 1) assures the community and the State of California that the appropriations approved did not exceed the City's annual appropriations limit. For fiscal year 2008-2009 the calculations showed a limit of $31.4 million ($31,401,243) and appropriations subject to the limit of $11.2 million. This provided a large margin of safety ($20.2 million) before compliance with this law would become a concern. The limit for FY 2008-2009 ($31,401,243) is $1,506,938 greater than the limit for FY 2007-2008. The available funds subject to the limit were still less than forty percent of the limit. Therefore, this increase had no effect on the City's budget. Staff recommends the City Council adopt the attached resolution fixing limitation on City expenditures for Fiscal Years 2008-2009. RECOMMENDED ACTION: Adopt resolutions fixing limitation on City expenditures for Fiscal Years 2008-2009. ALTERNATE COUNCIL POLICY OPTIONS: Adopt resolution with modifications. Prepared by: Gordon Elton, Finance Director Coordinated with: Jane Chambers, City Manager Attachments: 1 - FY 2008-2009 Appropriation limitation Resolution, with attachment. 2 - State of California, Department of Finance "PRICE AND POPULATION INFORMATION" letter dated May, 2008 APPROVED: Jane Chambers, City Manager ATTACHMENT RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FIXING LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 2008-2009 WHEREAS, the provisions of Proposition 4, (Article XIII B of the California Constitution), the spending initiative, passed by the voters of the State of California, place a limitation on the expenditures of governmental agencies; and WHEREAS, the above referenced legislation requires the City of Ukiah to establish its appropriation limit for the 2008-2009 fiscal year; and WHEREAS, the Director of Finance of the City of Ukiah has computed the limitation of the City of Ukiah for the 2008-2009 fiscal year in accordance with the provisions thereof in the amount of $31,401,243; and WHEREAS, the appropriation limitation for the 2008-2009 fiscal year was determined by utilizing the change in California per capita income for the 2008-2009 fiscal year and the percentage of population change within Mendocino County as estimated by the State of California, Department of Finance estimates as of January 1, 2008. NOW, THEREFORE, BE IT RESOLVED, that the budgetary appropriation limitation of the City of Ukiah for fiscal year 2008-2009 is hereby fixed at $31,401,243, as set forth on Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED this 3rd day of September 2008, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Page 1 of 1 Douglas Crane, Mayor \\Cou-sm03\shared\Administmtion\Agendas & ASRs\Sep 3 Regular Agenda\RESOLUTION Gann 2008-09.doe CITY OF UKIAH SCHEDULE TO DETERMINE COMPLIANCE WITH PROPOSITIONS 4 & 111 APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2009 Based on Fiscal Year 2008-2009 Budget A) PROCEEDS OF TAXES B) LESS: EXCLUSIONS C) APPROPRIATIONS SUBJECT TO LIMITATION D) CURRENT YEAR LIMIT E) AMOUNT UNDER THE LIMIT (MARGIN OF SAFETY) EXHIBIT "A" $11,202,749 $0 $11,202,749 $31,401,243 $20,198,494 \\Cou-srv03\Shared\Finance\xfered from FINANCESHARE on FS4 (fs4)\Gann L1mit\GANN45.XLS - Gann 08-09 Page 1 of 10 Attachment # CITY OF UKIAH APPROPRIATIONS SUBJECT TO GANN LIMIT 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 LIMIT PRIOR YEAR $24,703,516 $25,802,097 $27,346,687 $28,486,475 $29,894,305 TIMES: % CHANGE IN CALIFORNIA PER CAPITA INCOME (a) (b) (c) 1.0328 1.0526 1.0396 OR % GROWTH IN NON-RESIDENTIAL ASSESSED VALUATION n/a n/a n/a 1.0442 1.0429 n/a n/a AND TIMES: % POPULATION CHANGE CITY (a) 1.0007 1.001 0.9966 1.0017 OR % POPULATION CHANGE 1.0010 COUNTY (a) (c) 1.0113 1.0069 1.002 1.005 1.0072 NEW LIMIT $25,802,097 $27,346,687 $28,486,475 $29,894,305 $31,401,243 NOTES: (a) State of California, Department of Finance estimates, May 2008 (b) Factor Chosen for calculation, by default. (c) Factor Chosen for calculation. 1\Cou-sw03\Shared\FinanceWered from FINANCESHARE on FS4 (fs4)\Gann L1mit\GANN45.XLS - Gann 08-09 Page 2 of 10 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2008-2009 REVENUE SOURCE TAXES PROPERTY TAXES SALES & USE TAXES PROPERTY TRANSFER TAX ROOM OCCUPANCY TAX BUSINESS LICENSE TAX FRANCHISE TAX FRANCHISE IN -LIEU CITY UTILITIES OTHER TAXES LICENSES AND PERMITS BICYCLE LICENSES BUILDING PERMITS ELECTRICAL PERMITS PLUMBING PERMITS MECHANICAL PERMITS MISCELLANEOUS PERMITS FINES & PENALTIES INTERGOVERNMENTAL MOTOR VEHICLE IN LIEU TRAILER COACH FEES OFF HIGHWAY LICENSES TAX RELIEF ERAF REFUNDS P.O.S..T. REIMBURSEMENTS COUNTY REIMBURSEMENT MISC. PARTICIPATIONS STATE MANDATED COST REIMBURSEMENT USE OF MONEY & PROPERTY INTEREST RENT SUN HOUSE REVENUE CONCESSION INCOME RECREATION PROGRAM INCOME TRANSFERS TO OTHER FUNDS Attachment # / PROCEEDS NON -PROCEEDS OF TAXES OF TAXES $697,683 $6,966,740 $32,744 $742,500 $336,122 $1,090,833 $1,215,000 $0 $0 $12,950 $548,000 $50 $135,000 $15,000 $12,000 $5,000 $16,000 $51,600 $0 $5,000 $1,134 $0 $0 $108,177 $23,473 $258,605 $16,000 $0 $465,192 $0 \\Cou-srv03\Shared\Finance\xfered from FINANCESHARE on FS4 (fs4)\Genn Limll\GANN45.XLS - Gann 08-09 Page 3 of 10 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2008-2009 REVENUE SOURCE CHARGES FOR CURRENT SERVICES SUBD PLANNING FEES SUBDIVISION FEES GENERAL PLAN FEES SPECIAL PERMITS & FEES (612.XXX) EMERGENCY RESPONSE REIM POLICE DEPARTMENT FIRE DEPT SALE OF MATERIALS SALE OF SURPLUS PROPERTY AMBULANCE FEES WEED ABATEMENT VEHICLE ABATEMENT PLAN CHECK FEES SWIMMING POOL LATE CHARGES/ PENALTIES LABOR OVERHEAD REIMBURSEMENT MISCELLANEOUS TOTAL GENERAL FUND ENTERPRISE & OTHER FUNDS TOTAL BUDGETED EXPENDITURES ADD: TRANSFERS INTO GENERAL FUND TOTAL PROCEEDS OF TAXES TOTAL NON -PROCEEDS OF TAXES AHachment # PROCEEDS NON -PROCEEDS OF TAXES OF TAXES $5,000 $3,000 $9,000 $56,525 $53,700 $0 $5,000 $500,000 $0 $7,000 $115,000 $37,500 $0 $81,500 $5,551 $11,202,749 $2,430,830 $13,633,579 $70,856,188 $70,856,188 $11,202,749 $73,287,018 $84,489,767 $11,202,749 $73,287,018 \\Cou-srv03\Shared\Rnance\zfersd from FINANCESHARE on FS4 (fs4)\Gann Umit\GANN45.XLS - Gann 08.09 Page 4 of 10 Attachment # CITY OF UKIAH SCHEDULE OF EXCLUDED APPROPRIATIONS FISCAL YEAR 2008-2009 BUDGET QUALIFIED CAPITAL OUTLAYS AMOUNT TOTAL QUALIFIED CAPITAL OUTLAYS $0 ..................................................................................................................... CITY OF UKIAH ALLOCATION OF INTEREST- TO TAX & NON -TAX PROCEEDS FISCAL YEAR 2008-2009 BUDGET A) TAX PROCEEDS LESS INTEREST - GENERAL FUND $11,094,572 B) LESS; EXCLUDED APPROPRIATIONS $0 C) NET TAX PROCEEDS $11,094,572 D) TOTAL GENERAL FUND REVENUES, LESS INTEREST $13,501,929 E) NET TAX PROCEEDS, AS PERCENT OF TOTAL GENERAL FUND REVENUE 82% F) TOTAL INTEREST $131,650 G) AMOUNT OF INTEREST EARNED FROM TAXES $108,177 H) AMOUNT OF INTEREST EARNED FROM NON -PROCEEDS OF TAXES $23,473 \\Cou.s"03\Shared\Finance\xfered from FINANCESHARE on FS4 (Is4)\Gann Limit\GANN45ALS - Gann OB -09 Page 5 of 10 p A i z Attachment # 2 a "�" w IIII n Q � e CEPA RTMENT ❑F ARNOLD SCHWARZENEGGER, GOVERNOR �9�1v.wN`P F I N A N C E 91 5 L STREET ■ SACRAMENT. CA ■ 958 1 4-3706 ■ www.oar.CA...1 May 2008 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit L W198 MAY 0 7 2008 CITY OF UKIAH FINANCE ADEPT The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2008, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2008-09. Enclosure I provide the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2008-09 appropriations limit. Enclosure II provides city and unincorporated county population percentage changes, and Enclosure IIA provides county and incorporated areas population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code, Section 2228 for further information regarding the appropriation limit. You can access the Code from the following website:"http://www.leginfo.ca.gov/calaw.html" check: "Revenue and Taxation Code' and enter 2228 for the search term to learn more about the various population change factors available to special districts to calculate their appropriations limit. Article XIII B, Section 9, of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Consult the following website: "http://www.leginfo.ca.gov/.const/.article_13B" for additional information. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itself. No State agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2008. Please Note: Prior year's city population estimates may be revised. If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086. MICHAEL C. GENEST Director By: ANA J. MATOSANTOS Chief Deputy Director Enclosure Page 1 Fiscal Year 2008-2009 May 2008 Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select their cost -of -living factor to compute their appropriation limit by a vote of their governing body. The cost -of -living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2008-2009 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2008-2009 4.29 Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2008-2009 appropriation limit. 2008-2009: Per Capita Cost of Living Change = 4.29 percent Population Change = 1.31 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2008-2009: Page 2 4.29+100 = 1.0429 100 1.31+100 =1.0131 t00 1.0429 x 1.0131 = 1.0566 Fiscal Year 2008-2009 Enclosure II Annual Percent Change in Population Minus Exclusions January 1, 2007 to January 1, 2008 and Total Population, January 1, 2008 Total County Percent Change — Population Minus Exclusions — Population City 2007-2008 1-1-07 1-1-08 1.1.2008 Mendocino Fort Bragg 0.44 6,860 6,890 6.890 Point Arena 0.41 491 493 493 Ukiah 0.10 15,742 15,758 15.758 Willils 0.50 5,007 5,032 5,032 Unincorporated 0.94 61,204 61,778 61,990 County Total 0.72 89,304 89,951 90,163 (') Exclusions Include residents on federal military installations and group quarters'residents In state mental Institutions, and slate and federal correctional Institutions. Page 3 ITEM NO. 7d MEETING DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM VERNA COX AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Verna Cox was received by the City of Ukiah on August 15, 2008 alleging damages to her vehicle due to a paint spill in the street at Despina Drive north of Low Gap Road. Pursuant to City policy, it is recommended the City Council reject this claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject claim for damages received from Verna Cox and refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Yes Requested by: Claimant Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Jane Chambers, City Manager Attachments: 1. Claim of Verna Cox, pages 1-3. APPROVED: Ja Chambers, City Manager 'o-11 /N & RESERVE FOR FILING STAMP C. l y iia. File With:24.L�"cm ca- C MCI City Clerk CLAIM FOR MONEY OR FRn E � E 0 V City of Ukiah DAMAGES AGAINST THE 300 Seminary Avenue CITY OF UKIAH Ukiah, CA 95482 AUG 15 2008 A claim must be presented, as prescribed by the Government Code of the State of acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach sheets, Identifying the paragraph(s) being answered. 1. Name and Post Office address of the Claimant: Name of Claimant: Post Office Address: 2. Post Office address to which the person presenting the claim desires notices to be gent: Name of Addressee: Post Office Address: wo C A Telephone: I] 3. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: 3 J Ave V Time of Occurrence: Location: A &A„ rL A�'Jid AW �' �v D Circumstances qivinq rise to this claim: U 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. r.�:?4ircub 5. The name or names of the public employee or employee: Page 1 of 3 causing the injury, damage, or loss, if known. Revised 12/2006 6. If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousanu dollars ($10,000) as of the_da* of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss ins fit as it may be known at the time of the presentation of the claim, together with the basis of i I c`ompu'tation of the,iint claimed. Amount Claimed 3fid+basis for computation; , If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) E] Limited Civil Case Unlimited Civil Case You are required to provide the information requested above, plus your signature on page 3 of this form, In order to comply with Government Code §910. In addition, in ordento conduct a timely investigation and possible resolution of your claim, the city requests that you answer the following questions. 7. Claimant(s) Date(s) of Birth: 1'. rl 7 1 V to - . 1 , 8. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 9. If the claim involves medical treatment for a claimed injury number of any doctors or hospitals providing treatment: please provide the name, address and telephone If applicable, please attach any medical bills or reports or similar d�odu�meent s�supporting your claim. 10. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.� ,¢ Teleph e: GrQdrdL' ,�q�,L ffl� Address: Insurance Policy No.: +J 0578_ ftf17_QS( Insurance Broker/Agent: -Iid4 aJ I Telephone: 4"14R 11PSQ) Address: V, Claimant's Veh. Lic. No.: 5- XC, % 3,95Vehicle MakelYear:4"±Zy0e#-1/ �t Claimant's Drivers Lic. No.: ph e 2 G '1'� 1 "7 Expiration: & /e-7 I m y any repair bills, estimates or Page 2 of 3 Revised 1212006 READ CAREFULLY For all accident claims, place on following diagram name of /Agency Vehicle; location of /Agency vehicle at time of accident strees, including North, East, South, and West; indicate place of by "A-1" and location of yourself or your vehicle at the time of the accident by "X" and by showing house numbers or distances to accident by "B-1" and the point of impact by "X." street corners. If /Agency Vehicle was involved, designate by letter "A" location of /Agency Vehicle when you first saw it, and by NOTE: If diagrams below do not fit the situation, attach hereto a "B" location of yourself or your vehicle when you first saw proper diagram signed by claimant. YILL Pill ,1 LSIDEWALK-,., CURB CURB ---I PARKW Y 7 SIDEWALK I r Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP §1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: 'R / / 3 A Page 3 of 3 Revised 12/2006 ITEM NO. 7e DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT EXPENDITURE FOR NETWORK WIRING MODIFICATIONS AT THE CORPORATION YARD FROM TELECOM SERVICES, INC. FOR $10,308.72. Background: The increasing traffic on the network at the Corporation Yard in Fiscal Year 2007/08 was negatively impacting City staff productivity by causing frequent system failures and delays. The causes of the disruptions were determined to be caused by sub standard wiring and networking equipment at the facility. The IT Department was concerned the additional loads from projects currently underway would cause additional slowdowns and failures of not only the end user's computer experience but a failure of the facility's camera surveillance system and sewer truck video transfers. Discussion: To resolve the basic network health and ensure successful implementation of the Corporation Yard surveillance system a rewiring of the facility was required. Starting on April 4, 2008 Telecom Services, Inc. was utilized to bring all network wiring to IEEE (Institute of Electrical and Electronics Engineers) compliance. Telecom Services, Inc was selected as the sole source vendor as they were familiar with the existing wiring and would be able to resolve the issues in the timeframe required as well ensuring compliance with our network security requirements. The initial estimate of $8,933.87 for the rewiring was available in the FY 07/08 Corporation Yard Contractual Services Budget Account Number 100.3301.250.000. During the installation, it was determined that additional wiring work needed to be performed in the electrical shop because of improper routing and damage to wiring. This extra work added an additional $1,374.85 to the job. As the work for the Corporation Yard security cameras was already scheduled and needed a stable network infrastructure in place to work, the decision was made to move ahead with the work. With the approval of the Public Works Director, funding for the additional work was provided through available money in the FY 2007/08 Corporation Yard Contractual Services Account Number 100.3301.250.000. RECOMMENDED ACTION: Accept report of expenditure to Telecom Services, Inc. for network wiring modifications at the Corporation Yard for $10,308.72. ALTERNATE COUNCIL POLICY OPTIONS: Prepared by: Steven Butler, IT Supervisor Coordinated with: Tim Eriksen, Public Works Director; Jane Chambers, City Manager Attachments: N/A / G APPROVED: / Jane Chambers, City Manager ITEM NO: ga DATE: September 3 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING ALICE EVANS MAJOR SUBDIVISION MAP NO. 07-35, SUBDIVISION EXCEPTIONS AND VARIANCE APPLICATION 08-09. SUMMARY: The Trustees of the Alice Evans Trust are proposing to subdivide an existing 1.35 acre parcel located on Wabash Avenue into seven legal parcels of record. The site is partially developed with structures which complicate the design of the subdivision and necessitates a request for subdivision exceptions to some of the proposed lot widths and a variance for some resulting yard setbacks. Tables illustrating the subdivision design requirements and proposed exceptions and variances are included below. The Planning Commission considered the proposal and voted unanimously to recommend City Council approval of the project. Staff is recommending that the City Council conduct the required public hearing, consider the Planning Commissions recommendation, approve a mitigated negative declaration, and adopt a Resolution approving the subdivision. (Continued on page 2) RECOMMENDED ACTION: 1) Conduct a public hearing; 2) approve a Mitigated Negative Declaration for the project; and 3) adopt the Resolution approving the Major Subdivision, Subdivision Exceptions and Variance application. ALTERNATIVE COUNCIL POLICY OPTION: 1) Do not adopt the Resolution and provide direction to staff. Citizen Advised: Legally noticed according to the requirements of the Ukiah City Code Requested by: Alice Evans Trust Prepared by: Jennifer Faso, Associate Planner Coordinated with: Jane Chambers, City Manager, Charley Stump, Director of Planning and Community Development and Tim Eriksen, Director of Public Works. Attachments: 1. Resolution approving Tentative Subdivision Map application 08-09. 2. Location Map 3. Tentative Subdivision Map 4. Mitigated Negative Declaration 5. Planning Commission Staff Report and Minutes, APPROVED: v . a 6 Jan hambers, City Manager No. 07-35, Subdivision Exceptions and Variance dated July 23, 2008 Table 1 - Lot Widths Lot Number Lot Size Required Width Proposed Width Lot 1 7,800 sq. ft. 60 feet 50 feet Lot 2 7,850 s . ft. 60 feet 50 feet Lot 3 9,351 sq. ft. 60 feet 59 feet Lot 4 9,410 sq. ft. 60 feet 59 feet Lot 5 8,519 sq. ft. 60 feet 38-60 feet Lot 6 10,680 sq. ft. 70 feet corner 108 feet Lot 7 6,025 sq. ft. 60 feet 52 feet Table 2 - Yard Setbacks Lot Front Yard Required/Proposed Side Yards Re uired/Pro osed Accessory Structure Required/Proposed Rear Yard Required/Proposed Lot 1 20 / 17ft. 10 / 9 ft. 10 / 15 ft 5 / 2 ft. 20/ 25 ft. Lot 2 20 / 17ft. 101 3 ft. 10! 17 ft 5 15 ft. 20/ 40 ft. Lot vacant lot vacant lot vacant lot vacant lot Lot vacant lot vacant lot vacant lot vacant lot Lot 5 vacant lot vacant lot vacant lot vacant lot Lot 6 20 / 18 ft. —10-/ -13 f —tJ 10/ 16 ft 5 / 4 ft. 20 / 20 ft. Lot 7 20 /23 ft. 10 / 5 ft. 10/ Oft 515.5 ft. 20 / 30 ft. As indicated in the Tables above, the proposed subdivision includes five lots with widths that are less than required. Exceptions are requested for these lots. Additionally, a variance application is sought to allow some front, side and rear yard setbacks to be less than required. Staff Analysis: General Plan Consistency Staff has determined that the project as conditioned is consistent with the goals and policies of the General Plan and that the proposed subdivision will create lots that are consistent with the project site's Low Density Residential Land Use Designation. Specifically, it will result in appropriate and responsible infill residential development consistent with Housing Element Policy H-5.5. Neighborhood Compatibility Staff has evaluated the proposed subdivision in terms of compatibility with the surrounding neighborhood and has concluded that the proposed land division would create lots that are consistent with the rest of the neighborhood. The existing four dwellings were developed more than 40 years ago and have been an established part of the neighborhood furthermore the newly created lots will be consistent in size and shape to the other existing lots in the neighborhood. No concerns from the neighborhood were expressed at the Planning Commission meeting. Environmental Impacts An Initial Study and Mitigated Negative Declaration reducing impacts below a significant level and a Mitigation Monitoring Program have been prepared and are recommended for adoption. No comments were received on the draft Mitigated Negative Declaration during the 21 day public review period. 2 In -lieu Parkland Dedication Fes The applicants have been advised about the required in -lieu parkland dedication fee requirement. Examples of fees collected on recent subdivision applications were shared with the applicants so they could understand the possible extent of the fee. These included the following: PROJECT NO. OF PARCELS VALUE PER PARCEL IN -LIEU PARK FEE Low Ga Homes 12 $5t136 $61,628 Hull Subdivision 2 1 Vacant $7,081 A71081 Menton Subdivision 3 $10,430 $31 290 Idarius Subdivision 4 (plus 4 apartment units) $9,876 $59,256 Main Street Village 17 $10,375 (12 sfd) $8,934 (2 duplex) $5187 (triplex) $157,929 Andrade Subdivision 2 $3,069 $6 138 Planning Commission Action: On July 23 of this year, the Ukiah Planning Commission conducted a public hearing and voted unanimously to recommend City Council approval of the mitigated negative declaration and subdivision project (Attachment 5 — Staff Report and Minutes). Recommended Findings for Variance Application 08-09: 1. The proposed project site currently contains four dwelling units that have been there for over 40 years therefore the applicant would like to accommodate the existing units with the proposed subdivision. Staff found that the existing dwellings created prior to current zoning setbacks are unique to this property and the strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the vicinity within the R-1 Zone. 2. The approval of these variances from front and side yard setbacks would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations because many other existing lots in the neighborhood have structures that are not conforming to the existing setbacks requirements. 3. The granting of the variances from front and sideyard setbacks requirements would not be detrimental to the surrounding properties because these dwellings have been at this location for many years and are an established part of the neighborhood. The structures and their locations on the developed portion of the lot will not change. Additionally no surrounding property owners have expressed concerns. Recommended Findings for Subdivision Exceptions: 1. The granting of exception is warranted because of the special circumstances of this lot; the four existing dwellings were developed at a time when the minimum lot width was 50 feet and the dwellings have been in use ever since. Furthermore it is necessary to create lots in such a way that accommodate the existing dwellings. 2. The approval of the subdivision with exceptions is necessary for the preservation and enjoyment of a substantial property right of the property owners, because it will allow them to fully utilize the development potential of the project site and to accommodate the existing homes that have been established for over 40 years. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the surrounding area because a portion of the lot is already developed and is an established part of the existing neighborhood. Furthermore the newly created lots will be consistent in size and shape to the other existing lots on Cresta Drive. Recommended Findings for Major Subdivision Map No. 07-35: 1. The division of the lot into seven parcels is consistent with the requirements outlined for major subdivisions in the California Subdivision Map Act; 2. The division of the lot in to seven parcels is consistent with the Ukiah General Plan goals and policies and specifically the Low Density Residential ( LDR) designation of the project site. 3. The proposed subdivision complies with the Ukiah Subdivision Ordinance requirements for Type 1 Subdivisions, because the Subdivision is a residential use subdivision constructed on natural ground of average gradient less than fifteen percent (15%) and having lots from six thousand (6,000) to ten thousand (10,000) square feet. 4. The division of the existing lot into seven parcels, with the approved setback variances and approved lot width exceptions is consistent with the development standards within the R-1 Zoning District. 5. The division of the existing property in to seven parcel will cause no significant adverse environmental effects, as determined by the Negative Declaration and Initial Study prepared for the project; 6. The proposed subdivision is compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the lot already contains four residential dwelling units and is surrounded by residential uses. CONCLUSION: Staff concludes that the proposed subdivision and subdivision exceptions to some lot widths would result in lots consistent in size and dimensions to the immediate residential lots to the north and northwest. Similarly, the variances for yard setbacks between existing development on the subject property and some proposed lot lines would result in lots developed similar to nearby lots. The neighborhood has lots with widths of less than the required 60 -feet and with yard setbacks similar to those proposed by the applicants. The project is consistent with the Ukiah General Plan Housing Element and provides opportunities for reasonable infill single family residential development. It will increase the number of residential lots in the community and the potential for adding important infill housing stock. Ell Attachment No. 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF UKIAH APPROVING TENTATIVE SUBDIVISION MAP NO. 07-35, SUBDIVISION EXCEPTIONS AND VARIANCE APPLICATION 08-09 WHEREAS, the Ukiah Planning Commission on July 23, 2008, conducted and recommended approval of Tentative Subdivision Map No. 07-35, subdivision exceptions for some lot widths, and variance application 08-09 for some yard setbacks as submitted by the Alice Evans Trust based on specific findings; and WHEREAS, a Mitigated Negative Declaration was found adequate and complete by the Planning Commission; and WHEREAS, the Director of Public Works/City Engineer reports that the subdivision is consistent with applicable requirements of the Ukiah Subdivision Ordinance except for lot widths; and WHEREAS, the Public Works Director reviewed the requested subdivision exceptions for some lot widths and found them minor and therefore recommends approval of the project based on specific findings; and NOW, THEREFORE, BE IT RESOLVED THAT Tentative Subdivision Map No. 07-35 (Attached Exhibit A), Subdivision Exceptions for some lot widths, and Variance application 08-09 for the Alice Evans Trust are approved based upon the following findings and subject to all applicable State Statutes, local ordinances, and the following Planning Commission recommended conditions of approval: Findings for Variance Application 08-09 to allow relief from front and side yard setbacks within the R-1 zoning district for proposed parcels 1,2,6 and 7: 1. The proposed project site currently contains four dwelling units that have been there for over 40 years therefore the applicant would like to accommodate the existing units with the proposed subdivision. Staff found that the existing dwellings created prior to current zoning setbacks are unique to this property and the strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the vicinity within the R-1 Zone. 2. The approval of these variances from front and side yard setbacks would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations because many other existing lots in the neighborhood have structures that are not conforming to the existing setbacks requirements. 3. The granting of the variances from front and sideyard setbacks requirements would not be detrimental to the surrounding properties because these dwellings have been at this location for many years and are an established part of the neighborhood. The structures and their locations on the developed portion of the lot will not change. Additionally no surrounding property owners have expressed concerns. Findings for Subdivision Exceptions to allow relief from minimum lot widths for proposed Parcels 1,2,3,4,5 and 7: 1. The granting of Exception is warranted because of the special circumstances of this lot; the four existing dwellings were developed at a time when the minimum lot width was 50 feet and the dwellings have been in use ever since. Furthermore it is necessary to create lots in such a way that accommodate the existing dwellings. 1-1 2. The approval of the subdivision with exceptions is necessary for the preservation and enjoyment of a substantial property right of the property owners, because it will allow them to fully utilize the development potential of the project site and to accommodate the existing homes that have been established for over 40 years. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the surrounding area because a portion of the lot is already developed and is an established part of the existing neighborhood. Furthermore the newly created lots will be consistent in size and shape to the other existing lots on Cresta Drive. Findings for Major Subdivision Map No. 07-35: 1. The division of the lot into seven parcels is consistent with the requirements outlined for major subdivisions in the California Subdivision Map Act; 2. The division of the lot in to seven parcels is consistent with the Ukiah General Plan goals and policies and specifically the Low Density Residential ( LDR) designation of the project site. 3. The proposed subdivision complies with the Ukiah Subdivision Ordinance requirements for Type 1 Subdivisions, because the Subdivision is a residential use subdivision constructed on natural ground of average gradient less than fifteen percent (15%) and having lots from six thousand (6,000) to ten thousand (10,000) square feet. 4. The division of the existing lot into seven parcels, with the approved setback variances and approved lot width exceptions is consistent with the development standards within the R-1 Zoning District. 5. The division of the existing property in to seven parcel will cause no significant adverse environmental effects, as determined by the Negative Declaration and Initial Study prepared for the project; 6. The proposed subdivision is compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the lot already contains four residential dwelling units and is surrounded by residential uses. Conditions of Approval: The following Conditions of Approval shall be made a permanent part of Major Subdivision 07-35 and Variance 08-09, and shall remain in force regardless of property ownership, and shall be timely implemented and maintained for the life of the project in order for this entitlement to remain valid: Standard Conditions: 1. A final Subdivision Map shall be prepared and submitted to the City Engineer for review and approval, and recordation in ma manner consistent with the Ukiah Municipal Code requirements. 2. This approval is not effective until the 10 day appeal period applicable to this Use Permit has been exceeded, and any timely filed appeal has been decided in favor of the granting of this Permit. 3. This approval shall be null and void unless the California Environmental Quality Act/Fish and Game filing fee of $1926.50 payable to Mendocino County is filed with the City of Ukiah Planning and Community Development Department within five (5) days of this approval. 4. No Permit or entitlement shall be deemed effective unless and until all fees and charges applicable to the application and Conditions of Approval have been paid in full. 5. The Tentative Map shall expire 24 months from the date of its approval or conditional approval unless extended in accordance with the City of Ukiah Subdivision Ordinance and the Subdivision Map Act. 1-2 20. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Friday unless additional hours of construction are specified by this approval, or are reviewed and approved by the Planning Director. 21. The fire hydrant along Cresta Dr. must be upgraded as part of this project. Currently it is a single outlet, wharf head type and it must be upgraded to a type 76 style in accordance with Ukiah Water Department specifications. 22. The proposed subdivision is subject to payment of park fees pursuant to City Code Section 8400 et seq. Park fees shall be paid prior to recording of the Final Map. Based on park fees paid in 2007 this amount could be in excess of $10,000 per single family dwelling. 23. Applicant should note that preliminary improvement plans have been previously prepared by Paoli Engineering and submitted for review for MS 01-26, but the plans were not completed to the satisfaction of the City Engineer, and the tentative map has since expired. 24. Street frontage improvements along Cresta Drive and Wabash Avenue shall be constructed in accordance with improvement plans prepared by a Registered Civil Engineer and approved by the City Engineer prior to the recordation of the Final Map. These improvements shall include, but are not limited to, curb, gutter, ADA compliant sidewalk, pavement widening, and additional improvements as needed to conform to existing conditions. The applicant shall be responsible for removing existing trees and the relocation or replacement of utilities, including utility poles and a fire hydrant, as necessary to accommodate the construction of the street frontage improvements. Construction of frontage improvements along undeveloped lots may be deferred until such time as development is proposed for those lots. 25. All areas of on-site circulation shall be paved with a minimum of 2 inches of AC on 6 inches base, or as approved by the City Engineer. This includes existing and proposed driveways and parking areas. 26. At all driveway approaches, an ADA compliant sidewalk shall be provided. A handicap ramp shall be provided at the northeast corner of Cresta Drive and Wabash Avenue. Sidewalk and utility easements shall be dedicated to the City where necessary. 27. The applicant shall incorporate into the landscaping plan street trees spaced approximately every 30' that are within 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard Drawing No 601. Tree types shall be approved by the City Engineer. 28. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs. 29. Fees associated with the electrical utilities extended to the new parcels and the replacement of power poles along Cresta Drive would be the responsibility of the owner/developer. 30. New electrical services that will feed new dwellings on Lots 3, 4, and 5 shall be underground per City of Ukiah regulations 1-4 PASSED AND ADOPTED on September 3, 2008, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Douglas Crane, Mayor ATTEST: Linda Brown, City Clerk 1-5 '!o w: lis s nesthet a pkat ncr a s. r 1, 1 ' -_, c0rivenience to cid vcuin;vc , with reference totr �, Wpsn/no/pn .5000,e Sub. v:.; ::d. NO ;jaUryl is assumed by leascy"1 01 af-,V 17jj&jj0- r�' - ' C33 Pc/ Mop :-2 0/5 Sub Nabpsn P/pce Sub Lots 4 /Ur 1/ George Luce Subdivision 5 1 PC/.Map C2O28P3 z z 53 N WASHING 7'0.N AVF 291 227 ,i9 15 225 205 i9° 155 a°.25' 5e 56 ' v.9•' r9p.er ]0 Se)1.1J ra0' .. 30 Sp (4 I4 ° I l5 'm.e:'I : ,0,.9•' J -�' �Io 'I 140�v1 1 50 50' l0 - Sa` 56' 1 Js' - ao moi° . 25 '10 102.2 16 461 /o V) � n /70' 17 3t f 1 l`VI TIN e5 Im 69' /66.50 zy 0 �I O lPO 229' W I ' j J /e ' , ` � m eI \V - O �, 'o /6e. 50 I IO a� /21.11' J60 5 m /T O' . 229' mtf l6l5030 ' II /19J/ 360-6 IN � I of 26) ^I 0 r N (27 �, _ .x ..1./• 1 © I tiI✓3) ---"-'---.`o 1281/50 26 (23) - �) 0 ref.%e' 3)' ri acre nrC[ l ap L ' "0016001 •019soas I 1z aJ re - _1':Od S -1— 00 - S _ Inca mz11'6 0 x;., 20 AVE. )rez-e9 A W A UAS / 1 �1 F.�SSP55Of'S INCO u o9 rze Couniv or /blenaocinc, Cclir ..OT: !Ju =a? .e1 nzepazed for 47 1 - - I�58 =e; .( puxpo --l9. No U bu;x, �' ;LlorcS, is am .d for :he defa d lineafed .flhat t. viulG.s M- tL2- , /9i Wa,a AA✓e. vN'"ck sol�z kz- D 6r„ pv,/ret elGuss: Ise W.i. AA✓e. rao ✓adae6:Ari. 0 rsi c•....ta ni. ma c...ta a. n Owe z _ 3 c I I � yy V �y N bpiS SF.ji.-'. n 4d .b,4M stit. t a � 4 a a WaLuk Aa.. S..GJ 'ruisA. &Icces l3erl¢t. Gaaeelf h1 '.' n /9i Wa,a AA✓e. vN'"ck sol�z kz- D 6r„ pv,/ret elGuss: Ise W.i. AA✓e. rao ✓adae6:Ari. 0 rsi c•....ta ni. ma c...ta a. n 3 1Ms. bf�sC.�.,scGtt.�f y, P° AVS M19AYp Ilk P .pnL ryez suLvr.'..Yt... f4a E✓s-u >irf i \ �.,� trei./y A. H'as-av-as.. Cir � ILGiaC AI[slrv,e � r��e,..ti Sole— / : so'-Femag'1l&9x: ..- S/e�teu kP pupavL bry: A:.:.fe.+L A.suG, L.s.Yse 1Erf;.G�dtr,uii A vc. fsrf8 s,yy, GA. 96/sf Attachment # — ---L— ' MITIGATED NEGATIVE DECLARATION/ INITIAL ENVIRONMENTAL STUDY Project Title: Lead Agency Name and Address: Project Location: Project Sponsor's Name and Address: General Plan Designation(s): Zoning: Contact Person: Phone Number: Date Prepared: Public Review Period: Major Subdivision 07-35 and Variance 08-09 Alice Evans Trust — 196 Wabash Ave, Ukiah Alice Evans Trust Major Subdivision No 07-35 Major Variance No. 08-09 City of Ukiah Department of Planning and Community Development 300 Seminary Avenue Ukiah, CA 95482 196 Wabash Ave; APN 003-540-23 Alice Evans Trust Karen Dunlap, Owner 196 Wabash Ave. P.O. Box 419 Ukiah, CA 95425 Ukiah, CA 95482 LDR ( Low Density Residential) R-1 ( Single Family Residential) Jennifer Faso , Associate Planner (707) 463-6206 June 20, 2008 July 3 — July 23, 2008 PROJECT SUMMARY: The applicants propose to subdivide, with exceptions to minimum lot width requirements, 1.35 ± acres into 7 lots. The proposed lots will range in size from 6,025 to 10,680 square feet. The applicants are also requesting variances from the R-1 zone setbacks requirements to accommodate existing structures on the lot. Surrounding Land Uses/Zoning: High Density Residential (R-3) to the east, Single Family Residential (R-1) to north and west, Neighborhood Commercial (C -N ) to south, Heavy Commercial (C-2) to southeast Other Public Agencies with Permit Authority: • City of Ukiah Building Department • City of Ukiah Public Utilities - Electrical • City of Ukiah Fire Department • City of Ukiah Public Works/Engineering • City of Ukiah Planning and Community Development Environmental Factors Potentially Affected: ® Aesthetics ❑ Agricultural Resources ❑ Biological Resources ❑ ❑ Hazards & Hazardous Materials ❑ Mineral Resources ® Public Services ❑ Utilities / Service Systems Cultural Resources Hydrology / Water Quality Noise Recreation Mandatory Findings of Significance Air Quality Geology / Soils Land Use / Planning Population / Housing Transportation / Traffic INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION DETERMINATION: On the basis of this initial evaluation: ® I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Planner's Name: Jennifer Faso City of Ukiah June 2008 Major Subdivision 07-35 Major Variance 08-09 Associate Planner Planning & Community Development City of Uki h, 300 Seminary Avenue, Ukiah, CA 95482 :;k-IZJo£� Date: Date: Alice Evans Trust — Major Subdivision 2 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Wc5hing/an Square Sub. A PC/ Map C2 0/5 P8 3-031 3_4 Wabash ace Sub, Lois 4r 5r /Or George Luce Subdivision 3-03 PC/Map C202eP3 53 WASH/NG TON AVE. 2B1 221 225 205 199 155 1 139 155 140' 'W 56 50 )O b.i5' S9 56 >asY >esP ,m1! /eB' 4O„Oa /3 /4oI 15 o�N ® - 140 ` O 30 50 70 O SB' S5 6*' q ® 2 S = a Uo - x � /B JaP• 23 O 'o no'17 1B1' I k �1i m ♦' !PO 129 1b 90 11 o O o /O p1 N 164.10' y1.01 11.p- y 362.5 [YO 221 wiPS r 164.50 101, a, m 25 ~ © protect o --- 3—_033 T site CN • 1 s.P � 1__BS'3n s• u CEOfII! VIS /Bf.JP' BBu�x rc I 2 100 � ro.Bo�Po m.oa o q y 8 � Assessor's Mop .,ors[ iva m.p w p.y.4d yf 47 3-033 3-03/ County of Mendocino, Calif 1 1 v fir. No h bd” March, 1958 c ..®4a iQ th. data dative9bd City of Ukiah Alice Evans Trust - Major Subdivision 3 June 2008 Major Subdivision 07-35 Major Variance 08.09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PURPOSE OF THIS INITIAL STUDY This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of the Mitigated Negative Declaration. PROJECT SUMMARY: The applicants are proposing to subdivide a 1.35 ± parcel into 7 lots ranging in size from 6,025 to 10,680 square feet. The applicants would like the new lots to accommodate the existing structures therefore variances from setbacks and exceptions to minimum lot widths are required. EXISTING CONDITIONS: The subdivision is proposed to be located on a parcel that contains four dwellings of which 2 front onto Cresta Drive and 2 front onto Wabash Ave. The area between the two groupings of dwellings is vacant with minimal landscaping. The site is relatively flat with no major grade changes. The uses to the north and south of the project site are residential, and to the east there is an existing mobile home park with Grace Lutheran Church of Ukiah to the west. PLANNING CRITERIA General Plan: Low Density Residential (LDR) Zoning: Single Family Residential (R-1) Adjacent Zoning: High Density Residential (R-3) to the east, Single Family Residential (R-1) to the north and west and Neighborhood Commercial (C -N) to the south, Heavy Commercial to the southeast. Prior Applications: City of Ukiah Minor Subdivision 01-26 (Expired) PROJECT DESCRIPTION: The proposed project is to subdivide 1.35 ± acre lot into 7 lots ranging in size from 6,025 to 10,680 square feet. The lot currently contains 4 existing dwelling units. The applicants would like to accommodate the existing dwellings therefore variances from the required R-1 Zone setbacks and lot width exceptions are required. The following setback variances and subdivision width exceptions are proposed: Parcel Variance Request Proposed Lot Width Exception 1 side yard 2' /front yard 17' 50' front/rear 2 side yard 37 front yard 17' 50' front/rear 3 vacant - no variance needed 59' front/rear 4 vacant — no variance needed 59 ' front/rear 5 vacant — no variance needed 38 ' rear 6 side yard 4' / front yard 18' No exception needed 7 No variance needed No exception needed City of Ukiah Alice Evans Trust - Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION I. AESTHETICS Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Have a substantial adverse effect on a scenic 11 El® 11vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and ❑ ❑ ❑ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character El❑ Elor quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ® ❑ views in the area? Discussion: The site is located in the southwestern portion of the City and is surrounded primarily by residential uses with the exception of the Grace Lutheran Church to the west. The existing homes on the site were built many years ago and do not have a defined architectural style or historic/ cultural significance. The project site has fairly open view of the hillside to the west, but no aspect of the proposed project will further inhibit these views. The previous noted the subject property is already partially developed with the four existing residential dwellings. These residences have been producing typical residential light for years. New lighting will result from future residential development on the newly created parcels however it will be consistent with the existing residential neighborhood lighting. Therefore lighting from three new single family dwellings as a result of the subdivision is not considered significant. Project Impacts: The site is located on the west side of Ukiah and consist of a relatively flat site. There are scenic views from the lot however the lot itself is not especially scenic. City Planning Development regulations in terms of setbacks and height regulations will reduce any visual impacts to the exiting neighborhood, that may result when the lots are developed. Mitigation Measures: While impacts are less than significant, the following measures further decrease impacts. 1. Exterior lighting for future residential uses shall be shown on the Building Plans and shall be full cut- off, hooded, and down -cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. Impact Significance After Mitigation: Not significant. City of Ukiah Alice Evans Trust - Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 2. AGRICULTURAL RESOURCES Less Than Potentially Significant Less Than No Significant With Significant impact Impact Mitigation Impact Would the project: Incorporated a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the El❑ ElFarmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or El❑ ❑ a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result ❑ ❑ ❑ in conversion of Farmland, to non-agricultural use? Discussion: The subject property has been partially developed with homes for at least the last thirty years, with no crop production or agricultural production on the site or abutting lands during this time. Therefore the proposed subdivision will not conflict with agricultural uses. Proiect Impacts: No agricultural operations presently occur on the project site, and the site is not zoned for agricultural uses or within in an agricultural preserve, therefore no impacts would result from the project. Mitigation Measures: None required. Impact Significance After Mitigation: Not applicable 3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Potentially Less Than Less Than Significant Significant Significant NO Impact with Mitigation Impact Impact Would the project: Incorporated a) Conflict with or obstruct implementation of the 1:1 El 1:1applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ violation? City of Ukiah June 2008 Major Subdivision 07-35 Major Variance 08.09 ❑ ® ❑ Alice Evans Trust — Major Subdivision 6 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Potentially Less Than Less Than Significant Significant Significant No Impact with Mitigation Impact Impact Would the project: Incorporated c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality ❑ ❑ ® ❑ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ El El concentrations? e) Create objectionable odors affecting a E] El Elsubstantial number of people? Discussion: The City of Ukiah is situated in the narrow Ukiah Valley which is bounded by mountains on the west and east sides of the valley that restrict the dispersal of pollutants. Winds flow predominately from northwest to southeast. Wind speeds in the central portion of the community are moderate, with wind speeds of 4 mph or less occurring over 60 percent of the time. While meteorological conditions create a high potential for air pollution in the Ukiah Valley, pollutant levels are relatively low due to lack of upwind sources and relatively low level of development in the local air basin. However, wintertime cold -air inversions are common in the valley from November to February. Significance Criteria: Air Quality Impacts may be significant if the project results in any of the following: • Conflicts with or obstructs implementation of any applicable Air Quality Plan; • Violates any air quality standard or contributes substantially to an existing or project air quality violation, including a cumulatively considerable net increase of any criteria for which the region is in nonattainment as defined by Federal or State regulations. For the Mendocino County Air Quality Management District, the applicable daily thresholds for criteria pollutants are significant if they exceed any of the following: • Reactive organic gases (ROG) 220 lbs. • Nitrogen oxides (Nox) 220 Itis. • Sulfer oxides (Sox) 220 lbs. • Particulates (PM 10) 80 lbs. • If carbon monoxide (CO) exceeds 550 lbs./day, dispersion modeling is recommended to determine the significance of the impact upon Federal or State standards. • Exposes sensitive receptors to substantial pollutant concentrations; or • Creates objectionable odors affecting a substantial number of people. Existing Air Quality in Ukiah: The Mendocino County Air Quality Management District has full monitoring stations (NOx, Ozone, CO and PM -10) in both Ukiah and Willits and a PM -2.5 monitor in Ukiah. Both Ukiah and Willits have had PM -10 exceedances in the past and Mendocino County is non - attainment for the State PM -10 standard. The Mendocino County Particulate Matter Attainment Plan, January 2005, states the main sources of particulates in the County are unpaved and paved road dust, City of Ukiah Alice Evans Trust — Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION residential fuel combustion (wood stoves), wildfires, and waste burning and disposal. While PM levels have dropped over the last 20 years, the District still exceeds the State standard several times a year. The majority of these exceedances resulted from wildfires, residential wood burning, unpaved roads, and construction activities. In the Ukiah area, the primary sources of PM -10 are wood combustion emissions, fugitive dust from construction projects, automobile emissions and industry. Some of the automobile emissions are the result of "pass -though" traffic on US 101, a major statewide transportation corridor. While Mendocino County is attainment for ozone, this pollutant is of primary concern to the Mendocino County Air Quality Management District. The Ukiah (East Gobbi Street) sampling station has shown a steady increase in the annual hours of ozone levels exceeding the 40, 50, and 60 parts per billion thresholds since 1993 and the 80 ppb (State standard = 90 ppb) threshold has been exceeded several times. The major sources of ozone precursors are combustion sources such as factories, automobiles, and evaporation of solvents and fuels. Other State criteria pollutants measured in Mendocino County have routinely had maximum concentrations well below the applicable Federal or State standards. The only other pollutant of significant concern is Carbon Monoxide (CO); the local threshold for point source production of CO is 550 pounds per day. The site is not within an area likely to contain naturally occurring asbestos according to District maps. The District suggests the following general mitigations for all projects to reduce cumulative particulate impacts: PM-10/Woodsmoke. Use of alternatives to woodstoves and fireplaces. Structure design to allow for solar heating is encouraged, but it will need to be balanced with the need for protection from high summer temperatures. PM-10/Fugitive Dust. Use of dust control techniques on construction sites and unpaved access roads. Traffic/trip reduction. Bicycle access and circulation should be a part of most developments. Installation of bike racks and bike lanes in Ukiah and Willits are highly encouraged. Project Impacts: The subdivision itself will not generate impacts to air quality however future residential development on the newly created lots are expected to generate short-term air quality impacts during site preparation and grading activities typical of residential construction, especially during dry periods if exposed soils are left unattended. Although significant impacts are not anticipated the following conditions assist in reducing cumulative particulate matter impacts of the project and future development on the lots. Vehicle emissions will be produced from heavy equipment during construction, and ultimately from vehicles associated with future residential use. While these emissions contribute to the accumulation of substances that result in urban ozone, they are not regarded as significant impacts. However, measure 9 further reduces impacts. Mitigation Measures: 2. All grading shall comply with Mendocino County Air Quality Management District Rule 1-430, Fugitive Dust Emissions. City of Ukiah Alice Evans Trust - Major Subdivision 8 lune 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 3. All activities involving site preparation, excavation, filling, grading, road construction, and building construction institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 4. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 5. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 6. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. Impact Significance After Mitigation: Not significant. 4. BIOLOGICAL RESOURCESLess Potentially Than Less Than Significant Significant With Mitigation No Significant Impact Would the project: Impact Incorporated Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status El El 19 F-1species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or ❑ ❑ ❑ regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, El El marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory ❑ ❑ ❑ wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? City of Ukiah Alice Evans Trust — Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 9 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 4. BIOLOGICAL RESOURCESLess Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project: Impact incorporated Impact f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ El ElConservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: The subject property is located in the middle of Ukiah Valley, in an area that has been developed with structures for years, so no specific biological impacts are anticipated for this project. Furthermore the property contains no known plants or animals identified as a special status species or candidate for any local, state or federal plant and do not contain wetlands, riparian areas or sensitive natural communities. Finally the subdivision will not cause any substantial new development that could conflict with any local policies or ordinances, or with any local or regional adopted habitat/conservation plans. Proiect Impacts: The project will not impact Biological Resources the site does not contain any sensitive resources and the neighborhood area and a portion of the site have been developed for years. Mitigation Measures: None required Impact Significance After Mitigation: None applicable 5. CULTURAL RESOURCES Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Discussion: Figure V.3 -DD of the Historic and Archaeological Resources Element of the General Plan indicates that the subject property is not situated within an area of potential cultural sensitivity and there are no historically significant buildings or other structures on the site. Based on this staff considers it unlikely that the area contains significant archeological resources since there have already been dwellings constructed on the property with no discovery of special resources. City of Ukiah Alice Evans Trust — Major Subdivision 10 June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Project Impacts: While impacts are deemed to be insignificant because the site has not been identified as having cultural or historic significance, the following measure will further reduce potential for impacts. Mitigation Measure: 7. If during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted and City Planning Department Staff shall be notified immediately of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and if deemed necessary to develop a precise mitigation program approved by the City prior to the continuation of any site work. Impact Significance After Mitigation: Not significant. 6. GEOLOGY AND SOILS ❑ Less Than ® ❑ Potentially Signifcant Less Than No ® Significant With Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Expose people or structures to potential substantial ❑ ® ❑ adverse effects, including the risk of loss, injury, or ❑ ❑ ® ❑ death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ® ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic -related ground failure, including ❑ ❑ ® Elliquefaction? iv) Landslides? ❑ ❑ ® ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ® E]topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or ❑ ❑ ® ❑ off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or property? City of Ukiah Affce Evans Trust - Major Subdivision I I June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 6. GEOLOGY AND SOILS Less Than Potentially Significant Less Than Significant No With Mitigation Significant Would the project: p Impact Impact Incorporated Impact e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater L1 El ❑ disposal systems where sewers are not available for the disposal of wastewater? Discussion: The Ukiah Valley is within an active seismic region that contains the Maycama Fault, which runs north -south east of the city. The projected maximum credible earthquake along this fault exceeds 7.0 magnitude on the Richter scale. The Soil Survey of Mendocino County published by the U.S. Soil Conservation Service, as "urban Mix" that includes native soils with non-native fill materials. Currently the project site is partially covered with existing residential dwellings and the area in the middle of the lot contains grasses and other vegetation. classifies the project area Significance Criteria: A significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to property and/or human life, or hazards such as earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation instability, erosion, soil instability, or other problems of a geologic nature that cannot be mitigated through the use of standard engineering design and seismic safety design techniques. Proiect Impacts: The subject property is not situated on or near a Alquist-Priolo fault zone and has no known slope and/or foundation instability, soil instability or other geologic hazards. The primary impacts to soils on this site will result from minor grading and site preparation in conjunction with development of the lots as residential units. These impacts would generally be short —term and would only be significant is if normal grading and site preparation technics are not utilized during the development of the lots. Therefore, while impacts are not considered a significant adverse environmental effect staff will recommend that standard site suppression methods are required during the site preparation and construction phase of development of the lots. Mitigation Measures: 8. Standard dust suppression methods should be used during grading and site preparation. Impact Significance After Mitigation: Not significant. 7. HAZARDS & HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Impact incorporated Impact Would the oroiect: p a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ disposal of hazardous materials? City of Ukiah June 2008 Major Subdivision 07-35 Major Variance 08-09 ❑ ❑ Affce Evans Trust — Major Subdivision 12 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 7. HAZARDS & HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project: Impact Incorporated Impact b) Create a significant hazard to the public or the environment through reasonably foreseeable upset El 1:1 Eland accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste 1:1 El Elwithin one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ ❑ ® ❑ would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for ❑ ❑ ❑ people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fres, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? Discussion: The proposed site is not on a hazardous sites list, the project does not involve hazardous substances. The project site is within Zone D of the Ukiah Municipal Airport Master Plan however this zone does not have any density restrictions and the project will not interfere with an emergency plan. Significance Criteria: A significant impact to the environment and the public associated with hazards and hazardous materials would result from a project if any of the following occurred: • Creation of a significant hazard to the public or environment by routine transport, use or disposal of hazardous materials or from foreseeable upset and accident conditions; • Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste within / mile of an existing or proposed school; • Location of a project on a listed hazardous materials site compiled pursuant to Government Code Section 65962.5; City of Ukiah Alice Evans Trust - Major Subdivision 13 June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Impairment/interference with adopted emergency response plan or emergency evacuation plan; Project Impacts: The project does not involve the transport, use or disposal of hazardous materials, and does not meet any of the criteria listed above. Therefore the project will not have a significant adverse impacts associate with hazardous materials. Mitigation Measures: Non -required Impact Significance After Mitigation: Not significant. 8. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Violate any water quality standards or waste El El ® El requirements? exceed the capacity of existing or planned ❑ El b) Substantially deplete groundwater supplies or 1:1stormwater drainage systems or provide interfere substantially with groundwater recharge substantial additional sources of polluted runoff? such that there would be a net deficit in aquifer f) volume or a lowering of the local groundwater ❑ El 11table ❑ level (e.g., the production rate of pre-existing Place housing within a 100 -year flood hazard area nearby wells would drop to a level which would as mapped on a federal Flood Hazard Boundary El 1:1❑ not support existing land uses or planned uses for or Flood Insurance Rate Map or other flood which permits have been granted)? hazard delineation map? (Source: c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation on - or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ® ❑ increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ El ® 1:1stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary El 1:1❑ or Flood Insurance Rate Map or other flood hazard delineation map? (Source: City of Ukiah Alice Evans Trust — Major Subdivision 14 June 2008 Major Subdivision 07.35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 8. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Impact Incorporated Impact Would the project: h) Place within a 100 -year flood hazard area structures which would impede or redirect flood ❑ ❑ ❑ flows? I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Discussion: Three major creeks flow through the City on their way to the Russian River, with some areas identified by the Federal Emergency Management Agency (FEMA) as potentially subject to flooding events. The subject property is not within the identified areas. Significance Criteria: Significant impacts would result from a project if water quality standards or waste discharge requirements were violated; groundwater and surface water quality and quantity were substantially altered; drainage patterns were substantially altered that would increase erosion/siltation and increase surface runoff; increase runoff that would exceed capacity of existing or planned drainage systems or add a substantial source of pollution; located on a 100 -year floodplain; or expose people to hydrological hazards such as flooding or inundation by seiche, tsunami, or mudflow. Project Impacts: Storm Drain and Flood Hazards: The Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency shows that the project is located in Flood Zone C which is outside of the 100 -year floodplain. Water Quality Standards: Domestic water will be available for the proposed new lots through the public City water system. Each new low shall be required to have separate and individual water and sewer services which will be required to be constructed prior to recordation of the Final Map. It is not anticipated that the proposed project as mitigated would cause a violation of any water quality standards or have an adverse impact on the domestic water quality of the future owners of the proposed parcels. Wastewater: Proposed lots 1, 2, 6, and 7 are currently developed and connected to City services, future residential development on lots 3,4,5 would require connected to the City -maintained sewer main. Prior to recordation of the Final Map all sewer laterals serving the developed lots 1, 2, 6 and 7 shall be pressure tested in compliance with City of Ukiah's sewer lateral testing standards. All sewer laterals that fail this required test shall be repaired and or replace and retested until the lateral passes the required test. City of Ukiah Alice Evans Trust —Major Subdivision 15 June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Mitigation Measure: 9. Each lot created by this subdivision shall have separate and individual water and sewer services. Water and sewer laterals for the proposed undeveloped lots shall be constructed prior to recordation of the Final Map. 10 . Prior to recordation of the Final Map all sewer laterals serving the developed lots 1, 2, 6 and 7 shall be pressure tested in compliance with City of Ukiah's sewer lateral testing standards. All sewer laterals that fail this required test shall be repaired and or replace and retested until the lateral passes the required test. Impact Significance After Mitigation: Not significant. 9. LAND USE AND PLANNING Potentially Significant Would the project: Impact a) Physically divide an established community? ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general ❑ plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation El or natural community conservation plan? Less Than Less Than Significant Significant No With Mitigation Impact Impact Incorporated ❑ ❑ ❑ ® ❑ ❑ ❑ Discussion: The project is located within an established west side residential neighborhood with a portion of the lot already containing four residential dwellings. The property is designated Low Density Residential on the General Plan and zoned R-1 Low Density Residential. Significance Criteria: Significant land use impacts would occur if the project substantially conflicted with established uses, disrupted or divided an established community, or resulted in a substantial alteration to present or planned land uses. Proposed project consistency with the Ukiah General Plan and zoning and any other applicable environmental plans and policies is also evaluated in making a determination about potential land use impacts. Project Impacts: General Plan Consistency: Circulation and Transportation, Housing, Energy Elements: Given the type and scope of the project, transportation and circulation, energy and housing are not significant issues. City of Ukiah June 2008 Major Subdivision 07-35 Major Variance 08-09 Alice Evans Trust - Major Subdivision 16 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Land Use Element: The Ukiah General Plan designates the subject property as Low Density Residential; the intent of this designation is to provide land for single family residences in the traditional suburban style. The proposed subdivision would be consistent with this General Plan Designation. Historic and Archaeological Resources Element: The Historic and Resources Element seeks to protect and preserve cultural resources. The site is partially developed and not within an area of potential cultural sensitivity therefore it is not anticipated that historic or Archaeological resources will be impacted. Safety Element: The element provides policies to limit risk from geologic, earthquake, drainage, water quality and related risks. It had been determined that this project will not cause a significant safety risk. Community Design Element: The element protects the City's scenic setting and sense of community. The primary goal for the section pertaining to the Ukiah Valley Setting is to "preserve and enhance the scenic setting of the Ukiah Valley" including views of the hills and preservation of native riparian vegetation along the creeks. The project is not in a location that will obstruct views. Zoning Standards: The project site is zoned R-1 (Low Density Residential), the propose of this district is to provide, preserve and enhance low density residential neighborhoods in the community. The required lot sizes in this district range from 6,000 square feet to 10,000 square feet in size. The proposed project meets the minimum lot sizes however the applicant is asking for variances from setbacks to allow for the existing structure. In this case no substantial effects to the neighboring lots are anticipated since the project site is currently zoned to permit residential uses. Mitigation Measure: None required Impact Significance After Mitigation: None Significant 10. MINERAL RESOURCES Less Than Potentially Significant With Less Than No Significant Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and ❑ ❑ ❑ ED the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site ❑ El ❑ delineated on a local general plan, specific plan or other land use plan? Discussion/Impacts: The subject property is not in an area containing any known mineral resources and the development of the proposed residence will not cause impact to mineral resources. Mitigation Measures: None required. Impact Significance After Mitigation: Not applicable City of Ukiah Alice Evans Trust — Major Subdivision 17 June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 11. NOISE Less Than Potentially Significant With Less Than No Significant Mitigation Significant Impact Would the project result in: Impact Incorporated Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ® ❑ local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ® ❑ levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ® ❑ airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ ❑ ❑ working in the project area to excessive noise levels? Discussion: The project site experiences the typical noises of a developed city neighborhood. The General Plan Noise Element identifies single-family residences "noise -sensitive" land uses. The project site is located near the airport however airport noise at this location is not above the critical noise levels. The City Noise Ordinance establishes a maximum level of noise emanating from single family residences to 40 decibels during the hours of 10:00 p.m. to 7:00 a.m.; 50 decibels from 7:00 a.m. to 7:00 p.m.; -and 45 decibels from 7:00 to 10:00 pm. Significance Criteria: A project will typically have a significant noise impact if it meets any of the following criteria: 1. Exposes people to or generate noise levels in excess of standards established in the local General Plan or noise Ordinance. 2. Causes a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. 3. Causes a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project. Prosect Impacts City of Ukiah Alice Evans Trust - Major Subdivision 18 lune 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Short-term noise impacts associated with project construction and street improvements may affect the adjacent existing residences. While not significant, the measure below reduces impacts. Mitigation Measure: 11. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Friday unless additional hours of construction are specified by this approval, or are reviewed and approved by the Planning Director. Impact Significance After Mitigation: Not significant 12. POPULATION AND HOUSING Potentially Less Than Less Than Significant Significant With Significant No Mitigation Would the oroiect: Impact Incorporated Impact Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, ❑ ❑ ® ❑ through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? Discussion: The average family size for single-family residences is in the range of 2 to 4 persons. This project will create 7 new lots of which only three will have the potential for development of new residential units. Significance Criteria: Population and housing impacts would be significant if the project induced substantial direct or indirect (e.g., road extensions) population growth in an area and displaced substantial numbers of existing houses and/or substantial numbers of people, thus requiring replacement housing elsewhere. Project Impacts: The addition of three single-family units that may result from this subdivision, would be beneficial to the city in that it will create additional housing opportunities. While utilities such as electricity, sewer and possibly water will need to be added, this will not have significant growth inducing impacts. Mitigation Measures: None Required Impact Significance After Mitigation: Not Applicable City ofUkiah 2 June 2008 Alice Evans Trust — Major Subdivision 19 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 13. PUBLIC SERVICES Less Than Potentially Significant Less Than Significant No With Mitigation Significant Impact Would the proiect result In: Impact Incorporated Impact Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ❑ ❑ ❑ N b) Police protection? ❑ ❑ ❑ N C) Schools? ❑ ❑ ❑ N d) Parks? ❑ ❑ ❑ N e) Other public facilities? ❑ ❑ ❑ N Discussion: The City of Ukiah provides a wide range of public services to the project site including public saftey services and electric , water and sewer services. The city also maintains the public street frontages along Cresta Drive and Wabash Avenue. Significance Criteria: Impacts to public services would be significant if the project resulted in adverse physical impacts upon capacity that would lead to construction of new public facilities or substantial alteration to existing governmental facilities to maintain acceptable service levels or performance levels. Project Impacts: City Police Department: The subdivision and the eventual development of the lots with three additional single family dwelling is not significant. No mitigation is required. City Community Services Department: The subdivision and the eventual development of three additional single family dwelling is not significant. No mitigation is required. City Electrical Utilities Department: The addition of three single family dwelling is not significant in term of electrical demand however the property owner be responsible for fees associated with extending power to the new parcels. Fire Protection: The City Fire Marshal ahs indicated that the fire hydrant along Cresta must be upgraded as part of this project. Currently it is a single outlet, wharf head type and it must be upgraded to a type 76 style in accordance with Ukiah Water Department specifications. Mitigation Measures : 12. The fire hydrant along Cresta Dr. must be upgraded as part of this project. Currently it is a single outlet, wharf head type and it must be upgraded to a type 76 style in accordance with Ukiah Water Department specifications. Impact Significance After Mitigation: Not significant. City of Ukiah Afice Evans Trust - Major Subdivision 20 June 2008 Maior Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 14. RECREATION Less Than Potentially Signifcant Less Than No Significant With Mitigation Significant Impact Impact Would the project: Incorporated Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such El El® El substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of El El ® El facilities which might have an adverse physical effect on the environment? Discussion/ Project Impacts: The proposed subdivision will only create three new dwelling units therefore it is not anticipated that recreational uses will be adversely impact however, City regulations required that subdivision of 50 parcels or less pay park fees. Mitigation Measures: 13. The proposed subdivision is subject to payment of park fees pursuant to City Code Section 8400 et seq. Park fees shall be paid prior to recording of the Final Map. Impact Significance After Mitigation: Not significant 15. TRANSPORTATION/TRAFFIC Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ❑ El Elincrease in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county El El Elcongestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous E] 1:1❑ intersections) or incompatible uses (e.g., farm equipment)? City of Ukiah Alice Evans Trust — Major Subdivision 21 June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 15. TRANSPORTATION/TRAFFIC Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact Would the oroiect: Impact Incorporated Impact e) Result in inadequate emergency access? ❑ ❑ ❑ Less Than f) Result in inadequate parking capacity? ❑ ❑ ❑ Significant With Mitigation g) Conflict with adopted policies, plans, or programs No Impact Impact supporting alternative transportation (e.g., bus ❑ ❑ ❑ turnouts, bicycle racks)? a) Exceed wastewater treatment requirements of the Discussion: The proposed subdivision with the eventual lot development will not have a significant impact on transportation or traffic because as part of the project curb and gutter and sidewalk will be added and this will improve the circulation and safety in the neighborhood. Significance Criteria: Significance criteria include whether the project would have substantial effects with regard to levels of service or exceed the General Plan LOS; air traffic patterns; traffic hazards due to design features; emergency access; parking capacity; and whether the project would create conflicts with adopted policies, programs and plans for alternative transportation. Proiect Impacts . There is presently no curb, gutter, and sidewalk along the property's frontages of Wabash and Cresta Drive. The addition of the curb, gutter and sidewalk will improve the circulation and traffic safety in the neighborhood. Mitigation Measures: 14. Street frontage improvements along Cresta Drive and Wabash Ave shall be constructed in accordance with improvements plans prepared by a Registered Civil Engineer and approved by the City Engineer prior to the recordation of the Final Map. Impact Significance After Mitigation: Not significant. 16. UTILITIES AND SERVICE SYSTEMS Potentially Less Than Less Than Significant Significant With Mitigation Significant No Impact Impact Incorporated Impact Would the project: a) Exceed wastewater treatment requirements of the Regional Water Quality Control Board? El 11 Elapplicable b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ ❑ existing facilities, the construction of which could cause significant environmental effects? City of Ukiah Alice Evans Trust — Major Subdivision 22 June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 16. UTILITIES AND SERVICE SYSTEMS Potentially Less ThanSignificant Less Than No Significant with Mitigation Significant Impact Impact Incorporated Impact Would the project: c) Require or result in the construction of new storm water drainage facilities or expansion of existing El El Elfacilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ El ® EJresources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ® ❑ project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state, and local statutes and 11 El regulations related to solid waste? Discussion: Energy resources are readily available to the citizens of Ukiah, These include electricity, natural gas, propane, and alternative resources such as solar, wind and hydroelectric. Significance Criteria: Impacts to utilities and service systems would be significant if the proposed project results in a physical need to develop new systems or causes a substantial physical alteration to existing facilities. Project Impacts: The addition of three single-family dwelling will not significantly affect water, waste water or solid waste systems because the project site can be served by City Services. Mitigation Measures: None required MITIGATION MONITORING AND REPORTING: AB 3180 requires all public agencies to adopt a monitoring and reporting program whenever they adopt an EIR or "Mitigated Negative Declaration." The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration require the applicants to incorporate or comply with the Mitigation Measures listed in Attachment 1 of this analysis and the table describing the program is included in Attachment 2. MANDATORY FINDINGS OF SIGNIFICANCE City of Ukiah Alice Evans Trust — Major Subdivision 23 tune 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Potentially Less Than Less Than No Significant Significant With Significant Impact Impact Mitigation Impact Does the project: Incorporated a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, ❑ ® ❑ ❑ reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in ❑ ® ❑ ❑ connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, ❑ ® ❑ ❑ either directly or indirectly? Discussion: Based on the review of the proposed project, site and surrounding areas, potential impacts have been identified and mitigation measures recommended in Sections 1 (Aesthetics); 3 (Air Quality); 5 ( Cultural Resources); 6 (Geology/Soils); 8(Hydrology/Water Quality) 9 (Land Use/Planning); 11 ( Noise) and 15 ( Transportation/Traffic) REFERENCES 1. City of Ukiah General Plan, 1995 2. Mendocino County Air Quality Management District: http://www.co.mendocino.ca.us/aqmd/pdf—files/MCAQMDNOAPLS.pdf http://www.co.mendocino.ca.us/aqmd/AttainmentPlan.htm http://www.co.mendocino.ca.us/aqmd/pdf files/AQSetting. pdf 3. General Plan Revision and Growth Management Plan Technical Report: Michael W. Skenfield, October, 1991. 4. Soil Survey of Mendocino County Eastern Partand Trinity County Southwestern PartCalifornia, U.S. Department of Agriculture - Soil Conservation Service, January, 1991. 5. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). 6. Citywide Circulation Study, Omni -Means, Inc. 2004. 7. City staff and Agency representatives: City of Ukiah Alice Evans Trust - Major Subdivision 24 June 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION a. Chuck Yates, Fire Marshal b. Rick Sands, Sewer/Water Engineering Specialist, City of Ukiah and Ukiah Valley Sanitation District c. Paul Ammendolia and Jimmy Lozano, City of Ukiah Electrical Utilities d. Ben Kageyama, Senior Civil Engineer, City of Ukiah Public Works e. Ukiah Unified School District ( referral, no response) f. Pacific Gas & Electric (referral, no response) g. Mendocino County Air Quality Management District (referral, no response) h. Department of Fish and Game (referral, no response) ATTACHMENTS 1. Mitigation Monitoring Program 2. Proposed Tentative Map City of Ukiah Alice Evans Trust -Major Subdivision 25 June 2008 Major Subdivision 07-35 Major Variance 08.09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Attachment 1 MITIGATED NEGATIVE DECLARATION/ INITIAL ENVIRONMENTAL STUDY Alice Evans Trust — Major Subdivision 07-35 Mitigation Monitoring Program MITIGATION MONITORING HOW AND WHEN VERIFICATION FUNDING MEASURES RESPONSIBILITY RESPONSIBILITY Aesthetics Applicant with Staff Building Permit Planning Applicant Measures 1 Oversight stage Department Staff (Not required to mitigate to insi nificant Air Quality Applicant with Staff During All Phases of Planning and Applicant Measures 2-6 Oversight Construction Public Works Staff (Measure 8: Building Permit review Cultural During All Phases of Resources Applicant/Contractor Grading and Planning and Applicant Measure 7 Construction Building Staff Geologic/Soils Applicant with Staff Consultants during Planning, Building Applicant Measures 8 Oversight site preparation and and Public Works construction/ Staff Grading and Building Permits Hydrology and Applicant with Staff During All Phases of Planning and Applicant Water Quality Oversight Grading and Building Staff Measure 9-10 Construction Land Use and Enforce other Planning Miti ations Noise Applicant with Staff During All Phases of Planning Staff Applicant Measure 11 Oversight Grading and Construction Public Services- Applicant with Staff During All Phases of Fire Marshal Applicant Fire Protection Oversight Grading and Measures 12 Measure 24 Construction Ongoing Measure.24 Fire Marshal Ongoing City of Ukiah Alice Evans Trust - Major Subdivision 26 lune 2008 Major Subdivision 07-35 Major Variance 08-09 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES MONITORING RESPONSIBILITY HOW AND WHEN VERIFICATION FUNDING RESPONSIBILITY Recreation Measure 13 Applicant with Staff Oversight Prior to Final Map recordation Public Works Applicant Transportation Measure 14 Applicant with Staff Oversight Prior to Final Map recordation Public Works Applicant City of Ukiah Alice Evans Trust -Major Subdivision 27 June 2008 Major Subdivision 07-35 Major Variance 08-09 City of Ukiah Attachment # Staff Report to the Planning Commission Evans - Major Subdivision 07-35 Variance 08-09 Item No. 9A Meeting Date: July 23, 2008 PROJECT SUMMARY: The applicants are proposing to subdivide with exception to the required minimum lot width, 1.35 t acres into 7 lots, within a Single Family (R-1) Zone and are requesting variance approval for relief from front and side yard setbacks to accommodate the existing structures. APPLICANT / OWNER: Alice Evans Trust, Owner Stephen Johnson, Applicant 196 Wabash Ave P.O. Box 419 Ukiah, CA 95425 Ukiah, CA 95425 PROJECT LOCATION: 196 Wabash Ave; Ukiah, APN 003-540-23 PLANNING CRITERIA: General Plan/Zoning: LDR ( Low Density Residential) / R-1 (Single Family Residential) Surrounding Zoning: High Density Residential (R-3) to the east, Single Family Residential (R-1) to the north and west and Neighborhood Commercial (C -N) to the south, Heavy Commercial ( C-2) to the southeast. Airport Compatibility Zone: Zone D — Other Airport Environs Previous Applications : MS 01-26 Expired ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Note to decision -makers: The discretionary actions associated with this project are quasi-judicial in nature; therefore each decision -maker must physically and personally visit the site prior to participating in the vote to approve, disapprove, or modify the project. PROJECT DESCRIPTION: The applicants propose to subdivide, with exceptions to minimum lot width requirements for Type 1 Subdivisions, 1.35 t acres into 7 lots. The proposed lots will range in size from 6,025 to 10,680 square feet , with lots widths ranging from 50 feet to 59 feet . The required lot width per the Ukiah Subdivision Ordinance for Type 1 subdivision is 60 feet. The applicants are also requesting variances from the R-1 zone front and side yard setbacks requirements. Within the R- 1 Zone the required side yard setback for the primary structure is 10 feet and 5 feet for detached assessory structures; the required front yard setback is 20 feet. Both the variance approval and the lot width exception are intended to accommodate existing structures on the lot which were built in approximately 1960, prior to the current development standards. The following variances and exceptions are requested: Proposed Lot Width Lot Variance Request Exception 1 side yard 2' /front yard 17' 50' front/rear 2 side yard 37 front yard 17' 50' front/rear 3 vacant - no variance needed 59' front/rear 4 vacant — no variance needed 59 ' front/rear 5 vacant — no variance needed 38 ` rear 6 side yard 4'1 front yard 18' No exception needed 7 side vard 5' No exception needed ENVIRONMENTAL (CEQA) DETERMINATION: An Initial Study and Mitigated Negative Declaration reducing impacts below a significant level and Mitigation Monitoring Program are recommended for adoption. The project was referred to the following agencies with no comments received on the draft Mitigated Negative Declaration during the 21 day public review period. Agency Comment on referral Comment on Draft Negative Declaration Ukiah Building _project No No Ukiah Fire Department Yes No Ukiah Public Works Yes No Ukiah Electric Yes No Pacific, Gas & Electric No No Mendocino County Air Quality Management District No No Ukiah Unified School District No No GENERAL PLAN CONSISTENCY: The completed Initial Study determined that the project as conditioned is consistent with the elements of the General Plan and that the proposed subdivision will create lots that are consistent with the project site's Low Density Residential Land Use Designation. COMPATIBILITY WITH CITY OF UKIAH CODE: Zoning Ordinance The project site is zoned R-1 (Low Density Residential), the purpose of this district is to provide preserve and enhance low density residential neighborhoods in the community and provides for lots that range in size from 6,000 square feet to 10,000 square feet. The proposed subdivision meet these standards however the applicant is asking for relief from setback requirements for proposed lots 1, 2, 6 and 7 to accommodate the existing structures. The existing lot was developed with four homes in 1960 at which time the R-1 setback standards were less than the required setback today. Staff has surveyed the neighborhood in regards to existing setbacks and has determined that the existing developed lots are consistent in terms of average setback distances with the variance request and therefore feels that approval of this variance would not adversely impact the neighborhood and would be in keeping with the character of the neighborhood. Ukiah Subdivision Ordinance The applicants have also requested an exception to the 60 foot minimum lot width requirements for Type 1 subdivision, as defined in the Ukiah Subdivision Ordinance. The chart in the Project Description section above shows the applicant's request. As noted before the project site was developed with the exiting four homes around 1960; at that time the minimum lot width for Type 1 subdivision was 50 feet therefore the homes sites were developed to reflect the previous standard. Staff feels that the proposed subdivision would reflect informal boundaries that have been observed by the occupants of the existing dwellings for many years and would not substantially change the character of the neighborhood. Furthermore staff has determined that the proposed lots are consistent with the rest of the neighborhood. COMPATIBILITY WITH THE NEIGHBORHOOD: Staff has evaluated the proposed subdivision in terms of compatibility with the surrounding neighborhood and has concluded that the proposed land division would create lots that are consistent with the rest of the neighborhood. As noted previously the existing four dwellings were developed more than 40 years ago and have been an established part of the neighborhood furthermore the newly created lots will be consistent in size and shape to the other existing lots in the neighborhood. RECOMMENDATIONS AND FINDINGS: The Planning Department recommends the City of Ukiah Planning Commission conduct a public hearing, adopt the Mitigated Negative Declaration and Mitigation Monitoring Program and make recommendations to the Ukiah City Council for approval of Major Subdivision 07-35 with exceptions, along with Variance 08-09, based on the project record and shown in Attachment 4 and, in part, on the following findings and Conditions of Approval. Adoption of the Mitigated Negative Declaration: The Planning Department's recommendation for the adoption of the Mitigated Negative Declaration prepared for this project is based on the project record and, in part, on the following findings: 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project as conditioned does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not, as conditioned, result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. Recommended Findings for Maior Subdivision No 07-35: The Planning Department's recommendation for the approval of Major Subdivision No. 07-35 with exceptions to minimum lot width requirements for Parcel 1,2, 3, 4, 5 and 7 is based on the following findings: 1. The division of the lot into seven parcels is consistent with the requirements outlined for major subdivisions in the California Subdivision Map Act; 2. The division of the lot in to seven parcels is consistent with the Ukiah General Plan goals and policies and specifically the Low Density Residential ( LDR) designation of the project site. 3. The proposed subdivision complies with the Ukiah Subdivision Ordinance requirements for Type 1 Subdivisions, because the Subdivision is a residential use subdivision constructed on natural ground of average gradient less than fifteen percent (15%) and having lots from six thousand (6,000) to ten thousand (10,000) square feet. 4. The division of the existing lot into seven parcels, with the approved setback variances and approved lot width exceptions is consistent with the development standards within the R-1 Zoning District. 5. The division of the existing property in to seven parcel will cause no significant adverse environmental effects, as determined by the Negative Declaration and Initial Study prepared for the project; 6. The proposed subdivision is compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the lot already contains four residential dwelling units and is surrounded by residential uses. 7. The granting of Exception is warranted because of the special circumstances of this lot; the four existing dwellings were developed at a time when the minimum lot width was 50 feet and the dwellings have been in use ever since. Furthermore it is necessary to create lots in such a way that accommodate the existing dwellings. City of Ukiah Alice Evans Trust- Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 8. The approval of the subdivision with exceptions is necessary for the property owners to fully utilize the development potential of the project site and to accommodate the existing homes that have been established for over 40 years. 9. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the surrounding area because a portion of the lot is already developed and is an established part of the existing neighborhood. Furthermore the newly created lots will be consistent in size and shape to the other existing lots on the street. Recommended Findings for Maior Variance No 08-09 The Planning Department's recommendation for the approval of Major Variance No. 08-09 to allow relief from front and side yard setbacks within a R-1 Zone for Parcel 1,2,6 and 7 is based on the following findings 1. The proposed project site currently contains four dwelling units that have been there for over 40 years therefore the applicant would like to accommodate the existing units with the proposed subdivision. Staff feel that the existing dwellings created prior to current zoning setbacks are unique to this property and the strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the vicinity within the R-1 Zone. 2. The approval of these variances from front and side yard setbacks would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations because the other existing lots in the neighborhood have structures that are not conforming to the existing setbacks requirements. Given that many of the homes were constructed prior to the current zoning regulations. 3. The granting of the variances from front and sideyard setbacks requirements would not be detrimental to the surrounding properties because these dwellings have been at this location for many years and are an established part of the neighborhood. The structures and their locations on the developed portion of the lot will not change. Conditions of Approval: The following Conditions of Approval shall be made a permanent part of Major Subdivision 07-35 and Variance 08-09, and shall remain in force regardless of property ownership, and shall be timely implemented and maintained for the life of the project in order for this entitlement to remain valid: Standard Conditions: 1. A final Subdivision Map shall be prepared and submitted to the City Engineer for review and approval, and recordation in ma manner consistent with the Ukiah Municipal Code requirements. 2. This approval is not effective until the 10 day appeal period applicable to this Use Permit has been exceeded, and any timely filed appeal has been decided in favor of the granting of this Permit. 3. This approval shall be null and void unless the California Environmental Quality Act/Fish and Game filing fee of $1926.50 payable to Mendocino County is filed with the City of Ukiah Planning and Community Development Department within five (5) days of this approval. 4. No Permit or entitlement shall be deemed effective unless and until all fees and charges applicable to the application and Conditions of Approval have been paid in full. 5. The Tentative Map shall expire 24 months from the date of its approval or conditional approval unless extended in accordance with the City of Ukiah Subdivision Ordinance and the Subdivision Map Act. City of Ukiah Alice Evans Trust- Major 4 Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 6. Any work, improvement, expenses or other encumbrance incurred by the applicant, owner or other party in reliance upon any entitlement, approval or permit which has not been granted, issued or approved is at your own risk. 7. All Conditions of Approval for this project shall be provided to all contractors and persons working on the project. Conditions of Approval shall be prominently displayed on all sets of plans for all ministerial permits required to develop the property, including building permits and permits for grading or site preparation. 8. In addition to any other condition imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. Site Specific Conditions: 9. Exterior lighting shall be shown on the Building Plans for construction of dwellings on the new lots and shall be the minimum necessary for security, and full cut-off, hooded, and down -cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. 10. All grading shall comply with Mendocino County Air Quality Management District Rule 1-430, Fugitive Dust Emissions. 11. All activities involving site preparation, excavation, filling, grading, road construction, and building construction institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 12. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 13. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 14. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. If during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted and City Planning Department Staff shall be notified immediately of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and if deemed necessary to develop a precise mitigation program approved by the City prior to the continuation of any site work. 15. Standard dust suppression methods should be used during grading and site preparation. 16. Each lot created by this subdivision shall have separate and individual water and sewer services. Water and sewer laterals for the proposed undeveloped lots shall be constructed prior to recordation of the Final Map. 17. Prior to recordation of the Final Map all sewer laterals serving the developed lots 1, 2, 6 and 7 shall be pressure tested in compliance with City of Ukiah's sewer lateral testing standards. All sewer laterals that fail this required test shall be repaired and or replace and retested until the lateral passes the required test. This testing, repair and or replacement shall be performed prior to the recordation of the Final Map. 18. Sewer connection fees are not imposed as a part of the subdivision, however any development that occurs i.e. new construction will be subject to sewer connection fees. 19. The existing fire hydrant will be required to be relocated to the new sidewalk area. This hydrant shall be upgraded if required by the City of Ukiah Fire Department. City of Ukiah Alice Evans Trust - Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 20. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday through Friday unless additional hours of construction are specified by this approval, or are reviewed and approved by the Planning Director. 21. The fire hydrant along Cresta Dr. must be upgraded as part of this project. Currently it is a single outlet, wharf head type and it must be upgraded to a type 76 style in accordance with Ukiah Water Department specifications. 22. The proposed subdivision is subject to payment of park fees pursuant to City Code Section 8400 et seq. Park fees shall be paid prior to recording of the Final Map. Based on park fees paid in 2007 this amount could be in excess of $10,000 per single family dwelling. 23. Applicant should note that preliminary improvement plans have been previously prepared by Paoli Engineering and submitted for review for MS 01-26, but the plans were not completed to the satisfaction of the City Engineer, and the tentative map has since expired. 24. Street frontage improvements along Cresta Drive and Wabash Avenue shall be constructed in accordance with improvement plans prepared by a Registered Civil Engineer and approved by the City Engineer prior to the recordation of the Final Map. These improvements shall include, but are not limited to, curb, gutter, ADA compliant sidewalk, pavement widening, and additional improvements as needed to conform to existing conditions. The applicant shall be responsible for removing existing trees and the relocation or replacement of utilities, including utility poles and a fire hydrant, as necessary to accommodate the construction of the street frontage improvements. Construction of frontage improvements along undeveloped lots may be deferred until such time as development is proposed for those lots. 25. All areas of on-site circulation shall be paved with a minimum of 2 inches of AC on 6 inches base, or as approved by the City Engineer. This includes existing and proposed driveways and parking areas. 26. At all driveway approaches, an ADA compliant sidewalk shall be provided. A handicap ramp shall be provided at the northeast corner of Cresta Drive and Wabash Avenue. Sidewalk and utility easements shall be dedicated to the City where necessary. 27. The applicant shall incorporate into the landscaping plan street trees spaced approximately every 30' that are within 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard Drawing No 601. Tree types shall be approved by the City Engineer. 28. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs. 29. Fees associated with the electrical utilities extended to the new parcels and the replacement of power poles along Cresta Drive would be the responsibility of the owener/developer. ATTACHMENTS 1. Mitigated Negative Declaration 2. Mitigation Monitoring plan City of Ukiah Alice Evans Trust- Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 3. Location Map 4. Proposed Tentative Map This STAFF REPORT was prepared by Jennifer Faso, Associate Planner (707) 463-6206 City of Ukiah Alice Evans Trust - Major Subdivision June 2008 Major Subdivision 07-35 Major Variance 08-09 HV MINUTES CITY OF UKIAH PLANNING COMMISSION July 23, 2008 MEMBERS PRESENT OTHERS PRESENT Mary Ann Landis Listed below, Respectively James Mulheren Linda Sanders Judy Pruden, Chair STAFF PRESENT MEMBERS ABSENT Tim Eriksen, City Engineer Anne Molgaard Jennifer Faso, Associate Planner Cathy Elawadly, Recording Secretary The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 2. ROLL CALL Roll was taken with the results listed above. 3. PLEDGE OF ALLEGIANCE Everyone cited the Pledge of Allegiance. The Commission welcomed Linda Sanders as the newly appointed Planning Commissioner. 4. SITE VISIT VERIFICATION Site visit 9B was verified. 5. APPROVAL OF MINUTES — June 25, 2008 and July 9, 2008 M/S Landis/Mulheren to approve the June 25, 2008 minutes as submitted. Motion carried. Commissioners Mulheren and Sanders Abstaining M/S Landis/Mulheren to approve the July 9, 2008 minutes, as submitted. Motion carried. Commissioner Sanders Abstaining 6. COMMENTS FROM AUDIENCE ON NON -AGENDA ITEMS No one from the audience came forward. 7. APPEAL PROCESS Chair Pruden read the appeal process. For matters heard at this meeting, the final appeal date is August 4, 2008. 8. VERIFICATION OF NOTICE Major Subdivision No. 07-35 and Major Variance 08-09 were legally noticed in accordance with the provisions of the Ukiah Municipal Code. MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 1 Staff stated the proposed Major Subdivision and Major Variance should be considered as one package rather than separately as this is way the project will be presented to Council for final approval. 9, PUBLIC HEARINGS 9A. Major Subdivision No, 07-35 and Major Valiance 08-09 filed by Steve Johnson, applicant; Alice Evans Trust, Owner, to subdivide an existing lot into 7 separate parcels located at 196 Wabash Ave., together with request for variance approval to allow relief from the R-1 setbacks to accommodate existing structure on the site. (APN 003-540-23). Adoption of Mitigated Negative Declaration. Associate Planner Faso commented on the project as follows: • The project involves subdividing with exceptions to minimum lot width requirements for Type 1 Subdivisions, 1.35+ acres into 7 lots in the R-1 Zoning District and variance approval for relief from front and side yard setbacks to accommodate the existing structures. • The proposed lots will range in size from 6,025 to 10,680 square feet, with lot widths ranging from 50 to 59 feet wherein the required lot width per the Ukiah Subdivision Ordinance for Type 1 subdivision is 60 feet. • The applicants are also requesting variances from the R-1 zone front and side yard setbacks requirements because within this zoning district the required side yard setback for the primary structure is 10 feet and 5 feet for detached accessory structures and the required front yard setback is 20 feet. • Both the variance approval and lot width exception are intended to accommodate existing structures on the lot which were built in approximately 1960, prior to current development standards. • Lot width exceptions are requested for lots 1, 2, 3, 4, and 5 and variance requests are for lots 1,2,6 and 7, as specified on page 1 of the staff report. • An Initial Study was prepared wherein the corresponding Mitigated Negative Declaration reducing impacts below a significant level and Mitigation Monitoring Program is recommended for adoption. • Staff's analysis determined the project complies with the Ukiah Code as follows: • Zoning Ordinance — The project is located in the R-1 Zorfing District wherein the purpose of this district is to preserve and enhance lots in low density residential neighborhoods that range in size from 6,000 to 10,000 square feet. While the proposed subdivision meets these standards, the applicant is asking for relief from setback- requirements to accommodate the existing structures. The existing lot has been developed with four homes at a time when the R-1 setback standards were less than the current standards. Staffs assessment of the neighborhood concerning the existing setbacks concluded the existing developed lots are consistent in terms of average setback distances with the variance request. Ukiah Subdivision Ordinance — The applicant has also requested an exception to the 60 -foot minimum lot width requirements for Type 1 subdivision. The existing residential units were constructed to reflect the minimum lot width of 50 feet for Type 1 subdivision at a time when this was the standard. Staff is of the opinion the proposed subdivision would reflect informal boundaries that have been observed by the resrdents of the existing dwellings for many years and would not substantially change the character of the neighborhood and that the proposed lots are consistent with the rest of the neighborhood. Staff further determined the proposed subdivision is compatible with the surrounding neighborhood and that the lots proposed would be consistent with the rest of the neighborhood. Staff recommends the addition of Condition of Approval No. 30 stating, "New electrical services that will feed new dwellings on Lots 3, 4, and 5 shall be underground, per City of Ukiah regulations. MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 2 Staff recommends approval of the proposed subdivision and variance subject to the appropriate project findings and conditions of approval that are provided for in the staff report. Commissioner Sanders stated there are two trees along the..fence line on the eastern side of property and inquired whether there are plans to remove these trees. Associate Planner Faso stated there are no plans at this time. The matter of the trees will be addressed at the time the building permits are issued for development of the lots. Chair Pruden referred to the Findings supporting approval of the proposed Major Variance and questioned whether the Finding that must be made the project would not be a constitute a grant of special privilege inconsistent with limitations upon other properties) n the vicinity wherein the applicant should be able to enjoy essentially the same rights as the neighbors was not included in the staff report. Chair Pruden inquired whether the Quimby Act applies to the prgject. City Engineer Eriksen stated the Quimby Act is reflected in Condition of Approval No. 22 and reads, "The proposed subdivision is subject to payment of park fees pursuant to City Code Section 8400 et seq. Park fees shall be paid prior to recording the Final Map. Based on park fees paid in 2007 this amount could be in excess of $10,000 per single family dwelling." PUBLIC HEARING OPENED: 6:16:16 PM p.m. Richard Seale commented as follows: • He is addressing project concerns on behalf of the applicant. • He initially prepared the Tentative Map for the previously approved Minor Subdivision and the proposed Major Subdivision. • The staff report is excellent and very thorough.: • There is applicant concern regarding Standard Condition of Approval No. 3 that reads, "This approval shall be null and void unless the California Environmental Quality Act/Fish and Fame filing fee of $196.50 payable to Mendocino County is filed with the City of Ukiah Planning and Community Development Department within five days of this approval," and questioned why this fee is applicable to projects within the City Limits. He noted other city jurisdictions do not impose this condition for projects, only the counties agencies do. Associate Planner Faso stated the fees represent filing fees for the project Mitigated Negative Declaration relative to potential impacts to wildlife. City Engineer Eriksen stated the fee is a standard fee required by the State Department of Fish and Game wherein $50 of the $1926.50 goes to the County of Mendocino for filing fees. The City of Ukiah has no authority concerning toe regulation of this fee. • There is applicant concern for Site Specific Condition of Approval No. 22 pertinent to the Quimby Act and noted the language is vague since the term 'could' is used as opposed to 'shall be.' Chair Pruden stated California is required to collect fees for subdivision projects for the development of public parks. • Mr. Seale questioned how the fees would apply to the four existing residences in terms of planning for the associated costs. MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 3 City Engineer Eriksen stated park fees are required for any subdivision and calculated according to a formula based on the square footage of the lots being subdivided and corresponding appraisal of the land. The property appraisal will include the four existing dwellings. Specifically, the City of Ukiah Park Dedication In -lieu Fees regulation states: The Ukiah City Code requires all subdivision applicants to dedicate park land or pay a park land dedication in -lieu fee before recording parcel maps or final subdivision maps. The City Code contains a formula for calculating the fee, which is based on the fair market value of the total land to be subdivided and the amount of land required to be dedicated. Additionally, the following policies apply: o The fair market value shall be based upon current certified appraisal of land value furnished by the Subdivider, not more than two•years old, or alternatively, current assessed land value as determined by the Courrty Assessor's Office if based upon the sale of the property during the past two years. The fair market land value shall reflect value of entire parcel prior to subdivision. 3 The number of dwelling units used to calculate fee may exclude up to one dwelling unit if the Remainder Parcel is designated which is currently developed with a residential structure and any number of accessory Structure. Mr. Seale stated City Code Section 8409 (Procedure) addresses the procedural aspect of the Park fees, which states 'At the time of approval of the tentative map or parcel map, the Planning Commission on the recommendation of the Parks and Recreation Commission shall determine pursuant to Section 8403 hereof the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land/or pay the fees as previously determined by the Planning Commission. Open space covenants for private' park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map or parcel map and shall be recorded concurrent with the final subdivision map or parcel map.' Chair Pruden stated at this time the only project proposed is a Major Subdivision and it is not until the filing of the final map that the fees are set. There *is no 'project forward' in terms of development wherein it is not necessary to discuss the components of allowing for open space and recreational areas. City Engineer Eriksen stated staff can calculate the fees for the applicant prior to final approval of the Major Subdivision by Council. Mr. Seale referred to Section 8410 (Exemptions) of the Ukiah City Code which states, "The provisions of this Article shall not apply to subdivisions containing less than five parcels and not used for residential purposes, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcel within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit," and inquired whether the fee can be paid at the time a building permit is issued for the development of the parcels. Chair Pruden stated there is an entire fee structure that includes school impacts, sewer hook-up fees and other associated fees required at the time a building permit is issued for development of a parcel based upon the size of the project brought forward. City Engineer Eriksen stated City policy typically allows an applicant to pay most fees at the time a building permit is issued. However, these fees are due prior to recordation of the MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 4 Final Map. Staff will work with the applicant concerning payment of the fees should this be an issue. • Mr. Seale asked if staff could research the requirenfents of park fees and payment thereof. • He inquired regarding fees associated with the electrical utilities extended to new parcels and the replacement of power poles along Cresta Drive and whether it is possible since the applicant would be financially responsible for the construction of ADA compliant five-foot sidewalks that the utility poles can be left where they are presently located without having to relocate them and possibly add new poles where necessary. Chair Pruden stated the City Utility and Public Works Departments would make the determinations concerning possible relocation/replacement of utility poles in conjunction with ADA compliant sidewalks. The primary element in connection with the placement of the utility poles is whether the poles are located so that ADA sidewalk standards can be appropriately met. If the ADA standards cannot be met, the utility poles may have to be moved. City Engineer Eriksen commented the proposed project is.a subdivision and does require the undergrounding for new electrical services for new dwellings. Chair Pruden stated because there is no actual development proposed for the parcels, questions concerning development that would likely come about would be addressed at the time the project is brought forward. Chair Pruden commented it looks as though Lot 7 has been extended an extra 20 feet to accommodate a minimum 6,000 square foot lot size. He confirmed the above -referenced inquiry and noted all of the lots are of ample size. PUBLIC HEARING CLOSED: 6:35:49 PM p.m. Chair Pruden polled the Commissioners and whether they had questions/concerns relative to compatibility issues with City of Ukiah Codes. • The Commissioners were in agreement the proposed Major SubdivisionNariance is complies with the Zoning Ordinance for the R-1 Zoning District. • The Commissioners were in agreement proposed Major Subdivision/variance complies with the Ukiah Subdivision Ordinance, including the reconfiguration of Lot 5 by extending Lot 7 an extra 20 feet. Chair Pruden/Commissioner Landis stated the additional square footage for Parcel 7 would allow for greater opportunity to'further develop the property, possibly with a second unit. • Chair Pruden addressed the matter of compatibility with the surrounding neighborhood and stated Cresta Drive is a well-established neighborhood. The Commissioners were in agreement the project is compatible with the neighborhood. MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 5 Chair Pruden commented even though some of the lots have less than the standard minimum lot width, they are nice deep generous lots. She supports the variance request for side and front yard setbacks for Lots 1 and 2 and side yard setbacks for Lots 6 and 7. • The Commissioners had no concerns the Variance request regarding the four parcels pre -dating the current setback standards would comply with the Ukiah Subdivision Ordinance and be a good fit for the neighborhood. The Commissioners were in agreement the Major Subdivision/variance would be an improvement to the neighborhood. It was noted the three recommended findings in support of the variances for Lots 1, 2, 6, and 7 are adequately addressed by staff on page 4 of the staff report and the Finding that addresses whether the project is a grant of special privilege is provided for in Finding No. 2. 1 M/S Mulheren/Landis to approve Mitigated Negative Declaration for Major Subdivision No, 07-35/Major Variance 08-09 with Findings 1-4. M/S Mulheren/Landis to approve Major Subdivision No. 07-35 with Findings 1-9 and Findings 1-3 for Major Variance No. 08-09 and Conditions of Approval 1-29 as outlined in the staff report and discussed above. Commissioner Landis commented the Major Subdivision will enhance the neighborhood, partly because of the improvements required. RECOMMENDATIONS AND FINDINGS: The Planning Department recommends the City of Ukiah Planning Commission conduct a public hearing, adopt the Mitigated Negative Declaration and Mitigation Monitoring Program and make recommendations to the Ukiah City Council for approval of Major Subdivision 07-35 with exceptions, along with Variance 08-09, based on the project record and shown in Attachment 4 and, in part, on the following findings and Conditions of Approval. Adoption of the Mitigated Negative Declaration: The Planning Department's recommendation for the adoption of the Mitigated Negative Declaration prepared for this project is based on the project record and, in part, on the following findings: 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project as conditioned does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in short-term impacts that will create a disadvantage to long term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will not, as conditioned, result in environmental impacts that will cause, substantial adverse effects on human beings, either directly or indirectly. ttecommended Findings for Maior Subdivision ' No 07-35: The Planning Department's recommendation for the approval of Major Subdivision No. 07-35 with exceptions to minimum lot width requirements for Parcel 1,2, 3, 4, 5 and 7 is based on the following findings: The division of the lot into seven parcels is consistent with the requirements outlined for major subdivisions in the California Subdivision Map Act; MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 6 2. The division of the lot in to seven parcels is consistent with the Ukiah General Plan goals and policies and specifically the Low Density Residential (LDR) designation of the project site. 3. The proposed subdivision complies with the Ukiah Subdivision Ordinance requirements for Type 1 Subdivisions, because the Subdivision is a residential use subdivision constructed on natural ground of average gradient less than fifteen percent (15%) and having lots from six thousand (6,000) to ten thousand (10,000) square feet. 4. The division of the existing lot into seven parcels, with the approved setback variances and approved lot width exceptions is consistent with the development standards within the R-1 Zoning District. 5. The division of the existing property in to seven parcel will cause.no significant adverse environmental effects, as determined by the Negative Declaration and Initial Study prepared for the project; 6. The proposed subdivision is compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the lot already contains four residential dwelling units and is surrounded by residential uses. 7. The granting of Exception is warranted because of the special Circumstances of this lot, the four existing dwellings were developed at a time when the minimum lot width was 50 feet and the dwellings have been in use ever since. Furthermore it is necessary to create lots in.such a way that accommodate the existing dwellings. 8. The approval of the subdivision with exceptions is necessary forthe property owners to fully utilize the development potential of the project site and to accommodate the existing homes that have been established for over 40 years. 9. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the surrounding area because a portion of the lot is already developed and is an established part of the existing neighborhood. Furthermore the newly created lots will be consistent in size and shape to the other existing lots on the street. Recommended Findings for Maior Variance No 08-09 The Planning Department's recommendation for the approval of Major Variance No. 08-09 to allow relief from front and side yard setbacks within a R- 1 Zone for Parcel 1,2,6 and 7 is based on the following findings 1. The proposed project site currently contains four dwelling units that have been there for over 40 years therefore the applicant would like to accommodate the existing units with the proposed subdivision. Staff feels that the existing dwellings created prior to current zoning setbacks are unique to this property and the strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the vicinity within the R-1 Zone. 2. The approval of these variances from front and side yard setbacks would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations because the other existing lots in the neighborhood have structures that are not conforming to the existing setbacks requirements. Given that many of the homes were constructed prior to the current zoning regulations. 3. The granting of the variances from front and sideyard setbacks requirements would not be detrimental to the surrounding properties because these dwellings have been at this location for many years and are an established part of the neighborhood. The structurgs and thei[ locations on the developed portion of the lot will not change. Conditions of Approval: The following Conditions of Approval shall be made a permanent part of Major Subdivision 07-35 and Variance 08-09, and shall remain in force regardless of property ownership, and shall be timely implemented and maintained for the life of the project in order for this entitlement to remain valid: Standard Conditions: 1. A final Subdivision Map shall be prepared and subrpitted to the City Engineer for review and approval, and recordation in ma manner consistent with the Ukiah Municipal Code requirements. 2. This approval is not effective until the 10 day appeal period applicable to this Use Permit has been exceeded, and any timely filed appeal has been decided in favor of the granting of this Permit. MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 7 3. This approval shall be null and void unless the California Vnvironmental Quality Act/Fish and Game filing fee of $1926.50 payable to Mendocino County is filed with the City of Ukiah Planning and Community Development Department within five (5) days of this approval. 4. No Permit or entitlement shall be deemed effective unless and until all fees and charges applicable to the application and Conditions of Approval have been paid in full. 5. The Tentative Map shall expire 24 months from the date of its approval or conditional approval unless extended in accordance with the City of Ukiah Subdivision Ordinance and the Subdivision Map Act. 6. Any work, improvement, expenses or other encumbrance incurred by the applicant, owner or other party in reliance upon any entitlement, approval or permit which has not been granted, issued or approved is at your own risk. 7. All Conditions of Approval for this project shall be prdvided to all contractors and persons working on the project. Conditions of Approval shall be prominently displayed on all sets of plans for all ministerial permits required to develop the property, including building permits and permits for grading or site preparation. 8. In addition to any other condition imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. Site Specific Conditions: 9. Exterior lighting shall be shown on the Building Plans for Construction of dwellings on the new lots and shall be the minimum necessary for security, and full cut-off, hooded, and down -cast, or otherwise shielded to ensure that light does not adversely shine towards neighboring properties, or toward the night sky. 10. All grading shall comply with Mendocino County Air Quality Management District Rule 1-430, Fugitive Dust Emissions, 11. All activities involving site preparation, excavation, filling, grading, road construction, and building construction institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 12. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 13. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 14. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. If during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and'discovered, all work shall immediately be halted and City Planning Department Staff shall be notified immediately of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and if deemed necessary to develop a precise mitigation program approved by the City prior to the continuation of any site work. 15. Standard dust suppression methods should be used during grading and site preparation. MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 8 16. Each lot created by this subdivision shall have separate and individual water and sewer services. Water and sewer laterals for the proposed undeveloped lots shall be constructed prior to recordation of the Final Map. 17. Prior to recordation of the Final Map all sewer laterals serving the developed lots 1, 2, 6 and 7 shall be pressure tested in compliance with City of Ukiah's sewer lateral testing standards. All sewer laterals that fail this required test shall be repaired and or replace and retested until the lateral passes the required test. This testing, repair and or replacement shall be performed prior to the recordation of the Final Map. 18. Sewer connection fees are not imposed as a part of the subdivision, however any development that occurs i.e. new construction will be subject to sewer connection fees. 19. The existing fire hydrant will be required to be relocated to the new sidewalk area. This hydrant shall be upgraded if required by the City of Ukiah Fire Department. 20. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m.,. Monday through Friday unless additional hours of construction are specified by this approval, or are reviewed and approved by the Planning Director. 21. The fire hydrant along Cresta Dr. must be upgraded as part of this project. Currently it is a single outlet, wharf head type and it must be upgraded to a type 76 style in accordance with Ukiah Water Department specifications. 22. The proposed subdivision is subject to payment of park fees pursuant to City Code Section 8400 et seq. Park fees shall be paid prior to recording of the Final Map. Based on park fees paid in 2007 this amount could be in excess of $10,000 per single family dwelling. 23. Applicant should note that preliminary Improvement plans have been previously prepared by Paoli Engineering and submitted for review for MS 01-26, but the plans were not completed to the satisfaction of the City Engineer, and the tentative map has since expired. 24. Street frontage improvements along Cresta Drive and Wabash Avenue shall be constructed in accordance with improvement plans prepared by a Registered Civil Engineer and approved by the City Engineer prior to the recordation of the Final Map. These improvements shall include, but are not limited to, curb, gutter, ADA compliant sidewalk, pavement widening, and additional improvements as needed to conform to existing conditions. The applicant shall be responsible for removing existing trees and the relocation or replacement of utilities, including utility poles and a fire hydrant, as necessary to accommodate the constriction of the street frontage improvements. Construction of frontage improvements along undeveloped lots may be deferred until such time as development is proposed for those lots. 25. All areas of on-site circulation shall be paved with a minimum of 2 inches of AC on 6 inches base, or as approved by the City Engineer. This includes existing and proposed driveways and parking areas. • 26. At all driveway approaches, an ADA compliant sidewalk shall be provided. A handicap ramp shall be provided at the northeast corner of Cresta Drive and Wabash Avenue. Sidewalk and utility easements shall be dedicated to the City where necessary. . 27. The applicant shall incorporate into the landscaping plan street trees spaced approximately every 30' that are within 5' of the back of sidewalk. Street trees shall be installed in accordance with City Standard Drawing No 601. Tree types shall be approved by the City Engineer. 28. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 9 29. Fees associated with the electrical utilities extended to the ngw parcels and the replacement of power poles along Cresta Drive would be the responsibility of the owner/developer. i 30. New electrical services that will feed new dwellings on Lots 3, 4,`and 5 shall be underground, per City of Ukiah regulations. 10. ONGOING EDUCATION 10A. Clean Living: A Mixed -Use Townhouse Development Offers Residents a Healthy Environment by Jim Schneider, Eco -Structure Magazine, July/August 2008. The above -referenced publication is for Commissioner informational purposes. 11. PLANNING DIRECTOR'S REPORT None. 12. PLANNING COMMISSION REPORTS Chair Pruden prepared a supplementary narrative and attended a workshop relative to 'SmartGrowth' in connection with County General Plan Update at the recent County Board of Supervisors meeting. The Notice of Preparation for the Draft General Plan Update was released Monday, July 21, 2008 wherein the public comment period will end on August 11, 2008. The document can be found on the County's website. On September 22, the draft EIR prepared for the new General Plan Update will be released allowing for an automatic 45 -day comment period. From October to December 2008 there will be a series of meetings to address the multiple documents connected with the General Plan Update. There are four relevant sections that are not presently included in the General Plan Update and they are the updated Housing Element mandated to be updated in 2009 and Area Plan sections 7, 8, 9, which are currently being addressed for the UVAP in conjunction with corresponding EIR. Adoption of the draft General Plan Update is anticipated for April 2009, Chair Pruden requested staff obtain check-out copies of the new General Plan Update for the public. While the document is available electronically, many citizens do not have fast speed internet for easy access particularly with the numerous graphics incorporated into the document. Dottie Coplan advised at the regular Tuesday County Board of Supervisor's meeting, a new schedule was released for the UVAP wherein this document is now available. 13. ADJOURNMENT There being no further business, the meeting adjourned at 6:54:20 PM p.m. Pruden, Chair Cathy Elawadly, Recording Secretary MINUTES OF THE PLANNING COMMISSION July 23, 2008 Page 10 ITEM N0: 10a DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: RECEIVE STATUS REPORT CONCERNING CODE COMPLIANCE ACTIVITIES SUMMARY: This Agenda Item is intended to provide the Council with a brief status report concerning recent code enforcement activities. Thus far in 2008, the Code Compliance Coordinator has investigated 123 cases. The cases involve marijuana cultivation, junk/debris, abandoned vehicles, sign code violations, neighbor disputes, camping in City limits, noise, rodents, business license enforcement, Use Permit condition violations, and others. 94 cases have been resolved/closed, 17 remain open, and 12 are being monitored for various reasons. The Code Compliance Subcommittee met most recently on August 7th and discussed the current case load, the status of using the Animal Control Officer to assist with sign code violation enforcement, and the concept of developing an administrative citation process as a tool for gaining compliance. Internal Staff Assistance: The City's Animal Control Officer has begun to assist the Code Compliance Coordinator with sign code violation issues. He is focusing on unauthorized banners and taking the following initial steps: 1. Make contact with business owners and distribute sign regulation information. This will include the new A -Frame sign and banner regulations. 2. Make initial contact with businesses that are displaying banners in violation of the sign code, provide information as to how to come into compliance, explain enforcement process, including the issuance of citations, document the case, and report it to Code Compliance Coordinator. (continued on page 2) RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: City Council Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager and Chris White, Code Compliance Coordinator Attachments: 2008 Code Violation Case Log APPROVED: NC e4t� Jan hambers, City Manager Administrative Citation Process: The Subcommittee and Code Compliance Coordinator discussed the concept of creating an administrative citation / summary abatement procedure similar to the one the Council adopted for marijuana cultivation regulations. Staff will be exploring this concept further with the Subcommittee and City Attorney, and will be reporting back to the City Council. 2 CASE # DATE VIOLATION LOCATION Responsible ACTION Last contact ISTATUS Notes 08-001 1/2/2008- assist citizen Phone call Closed Mgr. Had dumpsler replaced 08-002. 1/8/2008 Dang. Build Inspection 1/10/2008 Monitoring Gather doc. And info from PD 08-003 1/8/2008 Junk/Debris Verified 2/7/2008 Closed Cleanup completed 08-004 1/15/2008 Junk/AVA's Verified 2/12/2008 Open Must move by 02/15/08 08-005 1/15/2008 Junk/Debris Verified 1/16/2008 Closed Junk and debris removed 08-006 1/15/2008 AVA Noticed 1/18/2008 Closed Moved off of Street(utility trailer 08-007 1/29/2008 Vio. B&P mt. w/UPD 2/6/2008 Open Reviewing law and discused options 08-008 1/29/2008 Vio. B&P mt. w/UPD 2/6/2008 Open Reviewing law and discused options 08-009 1/29/2008 Num. Occup. mt. w/UPD 2/12/2008 MonitoringNo violation at this point will monitor 08-010 2/6/2008 Bi Rig Verified 2/7/2008 Closed Served notice. Owner complied 08-011 2/7/2008 Marijuana Verified 2/7/2008 Open Refer UPD 08-012 2/19/2008 AVA Notices iss 3/11/2008 Open Veh. Removed/weed abatement started 08-0013 2/19/2008 AVA towed 2/5/2008 Closed UPD towed 08-0014 2/20/2008 AVA PD served 3/11/2008 Closed Two vehicles removed voluntarily 08-0015 2/26/2008 Junk/Debris Photo's/info 3/11/2008 MonitoringRemains Clean 08-0016 2/26/2008 AVA Noticed 3/28/2008 Closed Complied with request to move 08-0017 2/26/2008 Sign violation notice 2/28/2008 Closed Removed while present 08-0018 2/26/2008 72 hr. Notice towed 2/26/2008 Closed UPD towed OB -0019 2/26/2008 72 hr. Notice moved 3/4/2008 Closed gone from area during follow up 08-0020 2/26/2008 72 hr. Notice moved 3/6/2008 Closed gone from area during follow u 08-0021 2/26/2008 AVA moved 3/6/2008 Closed moved 08-0022 2/26/2008 72 hr. Notice moved 3/6/2008 Closed Moved off of Street 08-0023 2/26/2008 72 hr. Notice Imoved 3/4/2008 Closed Moved of Street 08-0024 2/26/2008 Red Tag Complying 3/12/2008 Closed permit issued 08-0025 2/27/2008 Red Tag Complied 3/11/2008 Closed Removed awning 08-0026 2/27/2008 Junk/Debris I Sent IV 3/5/2008 Closed Removed 08-002708-00272/2 7/2008 AVA Notice 3/9/2008 Closed Removed 08-0028 2/27/2008 AVA warned 3/9/2008 Closed Vehicle moved 08-0029 2/27/2008 72 hr. Notice warned 2/28/2008 Closed Moved upon request 08-0030 212712008.4000A UPD 1 2127/20081 Closed UPD had removed from street 08-0031 2/27/2008 72 hr. Notice INoticed 1 2/28/20081 Closed Moved 08-0032 2/27/2008 Sign violation vio. Notice 3/4/2008 Closed Complied with request removed signage 08-0033 2/27/2008 Si n violation vio. Notice 3/6/2008 Closed Complied with request to remove banner 08-0034 2/27/2008 Sign violation vio. Notice 3/6/2008 Closed Complied with request to remove banner 08-0035 3/4/2008 pos. Marijuana No viol. 3/4/2008 Closed No violation at this point will monitor 08-0036 1 3/4/2008 AVA Noticed 3/6/2008 Closed Removed 08-0037 1 3/4/2008 AVA 2) Noticed 3/10/2008 Closed Moved voluntarily by owner OS -0038 3/4/2008 Junk/Debris Notice 3/10/2008 Closed Cleaned -up 08-0039 3/4/2009 Junk/encroach Notice 3/11/2008 Closed Cleanup completed/encroachment remvd 08-0040 3/10/2008 Junk/AVA's Photo's/notice Closed vehicles removed 08-0041 3/10/2008 AVA UPD Closed Removed b UPD 08-0042 3/11/2008 Civil comp) No vio Closed Civil between neighbors. 08-0043 2/29/2008 Sign violation Citation 3/4/2008 Cited Citation issued to appear 08-0044 3/11/2008 Neighbor cls Civil 3/11/2008 Closed info provided. 08-0045 3/11/2008 72 hr. Notice marked 3/18/2008 Closed Veh moved 08-0046 3/11/2008 AVA Photo 3/18/2008 Closed Vehicle moved 08-0047 3/11/2008 Junk/campin notice/photo 8/15/2008 MonitoringWorking with UPD to monitor 08-0048 3/11/2008 Sign violation vio. Notice 3/11/2008 Closed Removed same day/info provided 08-0049 3/11/2008 Sign violation vio. Notice 3/12/2008 Closed Banner removed/info provided 08-0050 3/14/2008 Ava's marked 3/18/2008 Closed Vehicle gone 08-0051 3/14/2008 SiRn violation vio. Notice 3/19/2008 Closed Banner removed/info provided 08-0052 3/14/2008 Sign violation vio. Notice 3/14/2008 Closed Banner removed/info provided 08-0053 3/14/2008 Sign violation vio. Notice 4!712008 Closed Permit issued/Banner as been removed 08-0054 3/14/2008 Camping Talked w/ow, 8/15/2008 Monitoring working w/owner to put in new fence 08-0055 3/17/20081 Marijuana I Talked w/ow 4/2/2008 Closed Marijuana removed 08-0057 3/19/2008 Sign violation vio. Notice 3/24/2008 Closed Banner removed/permit approv. Pennants 08-0058 3/19/2008 Sign violation vio. Notice 4/2/2008 Closed Banner removed/info provided 08-0059 3/19/2008 Sign violation vio. Notice 4/2/2008 Closed Banner removed 08-0060 3/19/2008 Sign violation Info provided 3/25/2008 Monitoring Banner permit issued 08-0061 3/19/2008 Civil dispute no violation 3/19/2008 Closed Contractor blocked drivewa . No comp!. 08-0062 3/25/2008 Graffiti discussion Monitorin Working with UPD to start raf iti pro . 08-0063 3/25/2008 Com. Prop. Photos 8/1/2008 Monitorin weedin and clean up in pro ress 08-0064 3/26/2008 Si n violation vio. Notice 3/26/2008 Closed Sign removed while present 08-0065 3/26/2008 Si n violation vio. Notice "1 110081 Closed complied 08-0066 3/26/2008 Sign violation vio. Notice 3/26/2008 Closed Complied 08-0067 3/27/2008 AVA/hunk Notice iss. 4/2/2008 Closed Junk removed 08-0068 3/27/2008 Red Tag notice issued 4/2/2008 Closed Permit obtained 08-0069 1 3/27/2008 Sign violation notice issued 3/27/2008 Closed Banners removed same da 08-0070 13/27/20081 Rodents llnfo provided 3/27/2008 1 Closed Walk Church & Perkins and provided info 08-0071 1 4/2/2008 Sign violation Info provided 4/7/2008 Closed Vio. Notice/ banner was removed 08-0072 4/2/2008 Sign violation Info provided 4/3/2008 Closed Banners removed 108-00731 4/2/2008 Sign violation vio. Notice 4/7/2008 Closed Banner Removed OS -0074 4/2/2008 Sign violation vio. Notice 4/7/2008 Closed Banner Removed 08-0075 4/2/2008 Si n violation vio. Notice 4/7/2008 Closed Banner removed/flashing sign turned off 08-0076 4/2/2008 Sign violation vio. Notice 4/7/2008 Closed Marque sign turned off 08-0077 4/2/2008 Si n violation vio. Notice 4/2/2008 Closed Sign removed while present 08-0078 4/212008 AVA/72 hrs marked 4/7/2008 Closed Marked/noticed/ vehicles gone 08-0079 4/7/20081 Marijuana Referral UPD 4/7/2008 Closed Unable to verify/closed 08-0080 4/7/2008 AVA's Referral UPC 4/7/2008 Closed Removed 08-0081 4/7/2008 Sign violation City Art. talked w/res . Closed Complied 08-0082 3/27/20081 Sign violation Citation Closed Had previous warning 08-0083 4/7/20081 Sign violation vio. Notice Closed Banners removed 08-0084 4/7/2008 Sign violation Photos Closed removed si n 08-0085 4/15/2008 ADA obstruc Closed 1will removed obstruction 08-0086 4/21/2008 Marijuana Building vio 8/1/2008 Open Red tagged 08-0087 5/1/2008 Marijuana Building vio 8/1/2008 Open unable to contact owner/cert. Lt. Sent 08-0088 5/1/2008 Noise comp) no violation Closed No violation observed OS -0089 5/1/2008 Marijuana Building vio Redta ged Open unable to contact owner/cert. Lt. Sent 08-0090 5/13/2008 Building code Building vio Closed Permit obtained 08-0091 5/13/2008 Parking issue Closed Civil between neighbors. 08-0092 5/13/2008 Banner Notice Closed Removed 08-0093 5/14/2008 Tenant dis u Civil Closed info provided. 08-0094 5/20/2008 AVA marked Closed vehicle removed from street 08-0095 1 5/28/2008 Rodents provided info Closed info provided. 08-0096 6/3/2008 Bus. Lic. warned Closed Renewed license 08-0097 6/3/2008 Bus. Lic. Attempt cont Closed Unable to located/referred back to Kath 08-0098 6/3/2008 Bus. Lic. warned IClosed Renewed license 08-0099 6/3/2008 Bus. Lic. Attempt cont JClosed Unable to located/referred back to Kath 08-0100 6/3/2008 Bus. Lic. warned IClosed Complied renewed license 08-0100 6/5/2008 AVA's noticed/mrk Monitoring Marked/noticed/ vehicles gone 08-0101 6/10/2008 Man uana notice/photo Closed Removed Marijuana 08-0102 6/10/2008 Sign violation rmvd sign Closed Drive by and saw putting up sign.rmved 08-0103 6/12/2008 Junk/Debris notice/photo MonitoringCleanup continuing/0814/08 08-0104 6/26/2008 AVA/junk notice Monitoring Complied/08/14/08 08-0105 7/9/2008 Bees Info provided Closed Referral to bee keeper. 08-0106 7/10/2008 Marijuana left info attempt recon Open Owner not home 08/13/08 08-0107 07/10/208 Marijuana Noticed Oen AVA's moved 08/13/08 08-0108 7/15/2008 Sign violation I Noticed Closed Banners removed/cleanup of property 08-0109 7/15/2008 Use permit cert. Ltr 8/7/2008 Open sent letter of use permit vio. 08-010 7/15/2008 AVA Noticed Closed Owner removed vehicle 08-111 7/15/2008 AVA Noticed Closed Owner removed vehicle 08-112 7/15/2008 ava/setbacks Noticed Closed vehicle removed 08-113 7/15/2008 Rv's/junk Phone call Letter Oen R.V's removed/cleanup is continuing 08-114 7/17/2008 Illegal fence notice lClosed lowered fence/ on going neig.dispute 08-115 7/22/2008 Marijuana utl address talked w/rp Open fnd. Loc. 08/15/08/wrk w/ upd 08-116 7/22/2008 BB hoop Notice of vio 8/8/2008 Open notice of Violation 08-117 7/25/2008 Rv's rk. marked talked w/owner Closed RV moved from street 08-118 7/30/2008 Mari uana unable to ver talked w/resp. Monitoring ongoing neighbor dispute 08-119 7/30/2008 Building code ITaked w/ow 8/18/2008 open Itr/wrk. With upd 08-120 8/4/2008 Use permit trees 8/18/2008 Open 08-121 1 8/4/20081 Use permit I trees I 8/18/2008 Open 08-122 8/14/2008 Encroachment Notice of vio Closed removed and and cleaned up 08-123 8/1912008 Civil dis ute Phone comp Closed info provided, Landlord/tenant dispute ITEM NO: 10b MEETING DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO APPROVE LETTER FOR ADDITIONAL ENGINEERING SERVICES ASSOCIATED WITH THE RELOCATION OF GOBBI SUBSTATION AND DISTRIBUTION ENGINEERING SERVICES On October 17, 2007 the City Council (Council) approved the Phase II portion of the Professional Engineering Services Agreement with R.W. Beck (Beck) which includes the design of an expansion to the Gobbi substation. During preliminary design the available space and impact on reliability was examined and it was determined that the existing site was not suitable for the new equipment based on the available footprint. On May 30, 2008, the City secured the property west of the existing Gobbi Substation site for relocating the existing equipment and new equipment. R. W. Beck and City Staff (Staff) performed preliminary design on the new site and identified the additional engineering services necessary for the new substation site. The site will require an environmental CEQA permitting process, which is included in the additional services. Additionally after further evaluation and discussions with the City, it was determined that other projects should be integrated with the substation project due to the complexity of the transition and the current state of the existing underground system in the Orchard Avenue Area. Underground electric design services along with telecommunication assistance has been included to complete the networking needed for the SCADA system and other telecommunication needs such as a replacement communication link from the Hydro plant to the City Hall for the NCPA link. RECOMMENDED ACTION: Authorize the City Manager to approve the additional engineering services letter as an addendum to the existing Phase II Services Agreement for Gobbi Substation relocation and distribution engineering services. ALTERNATIVE COUNCIL OPTIONS: None. Prepared by: Mel Grandi, Interim Electric Utility Director Coordinated with: Jane Chambers, City Manager Attachments: 1 — Engineering Services Letter — RW Beck Approvecj� Jane�t�'mbers, City Manager Letter for Additional Engineering Services - Relocation of Gobbi Substation September 3, 2008 Page 2 Due to staffing constraints an option for construction inspection was included in the additional services request. The additional services request also includes a reduction (credit) in services and fee based on the City's decision to not pursue a dedicated express feeder circuit from the Substation to the Hydro Plant. Fiscal Impact: None. The Phase II funding was carried over from the prior FY 07/08 budget. The additional cost of $171,884.00 for engineering services associated with the relocation of Gobbi Substation was included in the FY 08/09 budget. Total project cost for engineering services associated with the relocation of Gobbi Substation and distribution engineering services is now estimated at $643,953.00. Staff recommends approval of the additional services identified in the attached letter for engineering services. The Construction Management services should be tabled until the end of final design at which time a staff recommendation will be made. August 27, 2008 Mr. Mel Grandi Utilities Director City of Ukiah, Electric Utility 411 West Clay Street Ukiah, CA 9548 Subject: Additional Engineering Services for Gobbi Substation Relocation Dear Mr. Grandi: As previously discussed, the current plans for the City of Ukiah (City) substation upgrade have changed since the original Scope of Services was prepared. The revised plan includes a new substation on a new site instead of a modification to the existing site. Therefore, we are providing a modification to the original Scope of Services. The new substation would include three 20/26.6/33.3//37 MVA transformers, four 115 kV circuit breakers, 115 kV steel structures and bus work, and a prefabricated control building. The control building would house the 12 kV switchgear, protective relaying, DC battery system, and communication equipment. The 12 kV switchgear will consist of three 2000 A main buses, three 2000 A main breakers, two 2000 A bus tie breakers, and twelve 1200 A feeder breakers. The estimated dimensions of the site will be 250' x 200'. The substation will be enclosed by a seven foot fence with two 20 -foot access gates opening on to Orchard Avenue. Additionally, in order to integrate the new substation into the existing system and relieve the current underground congestion along Orchard Avenue, the proposed scope additions include distribution design along Orchard Avenue and Ford Street and along Gobbi to the railroad. Other services offered to provide benefit to the City during the project include the California Environmental Quality Act (CEQA) Environmental Process and assistance in procuring, evaluating and installing a radio link from the Hydro Plant to the City Hall. Scope of Services The proposed additional Scope of Services would include the following Additional Substation Engineering Services ■ Additional work relating to expanding the general arrangement ■ Additional work relating to expanding the electrical plan and sections ■ Additional work relating to the conduit plan and circuit lists ■ Additional work relating to the grounding plan and calculations ■ Additional foundation design and calculations ■ Development of site plan ■ Development of grading plan and details ■ Development of fencing plan and details A masonry fence will be utilized for the perimeter of the substation. ■ Additional shop drawing review 131Mir Per6u n� Sumo 300 HcnJii.oncl lc. IN 3'07; Phone (615) 431 _00 1 ax (615) 824-7,70 Mr. Mel Graudi August 22, 2008 Page 2 of 5 ■ Demolition coordination of the existing site ■ Transmission line design for extension of existing line to the new site The additional services assumes existing line will extend due west with 2-3 additional structures required. ■ Geotechnical investigations for new site ■ Two additional site visits during construction CEQA Environmental Services R. W. Beck will retain a Subconsultant to develop the CEQA process. Based on review and discussions, the City and R. W. Beck has selected LACO Associates as the CEQA Subconsultant. The Subconsultant will work with the City and R. W. Beck to develop an initial Study. This service assumes a Mitigated Negative Declaration would be the appropriate document for the proposed project. The Scope of Services provided by the Subconsultant is enclosed as Exhibit A. R. W. Beck will provide task oversight and technical information for the Study, including the following: ■ Provide detailed project management plan, including Scope of Services, staffing plan, project budget, schedule, risk assessment, and communications plan ■ Conduct weekly project team action -item review meetings through teleconference call ■ Maintain and distribute detailed action -item list ■ Prepare monthly progress reports, including summary of accomplishments, progress to completion of milestones and deliverables, comparison of current and cumulative actual and budgeted labor and costs, and evaluation of issues that could negatively impact project completion ■ Prepare and distribute agendas and minutes from project meetings ■ Coordinate project team, staffing and subcontractors ■ Provide monthly project updates with the City via teleconference ■ Provide technical assistance as needed for CEQA checklist ■ Provide drawings and maps needed for CEQA checklist ■ Provide technical assistance to the City, as needed, to define the substation technical issues for the process Underground Distribution Design R. W. Beck will provide detailed design for the underground distribution design along Orchard Avenue from the substation site to the Ford Street intersection and from the substation along Gobbi to the west side of the railroad tracks. The design will relieve congestion in the existing duct bank and manhole system, and provide interconnections to the new substation. Tasks for the design will include the following: ■ Field topographical survey from substation to Ford Street along Orchard Avenue and from substation to west of railroad tracks along Gobbi and from substation to Talmadge Street along Orchard Mr. Mel Grandi August 22, 2008 Page 3 of 5 Survey will be limited to above grade facilities. The City should provide invert elevation and modeled detail of underground City and facilities. ■ Survey and processing services for lot line adjustment for new site ■ Survey and processing services for abandonment of existing utility easement on substation property ■ Develop plan view of modifications ■ Develop profile view of modifications ■ Develop switchgear and manhole details ■ Develop specifications for inclusion into the Construction Contract for the project ■ Develop detailed one -line drawings for integration of existing UG radials, switchgear and transformers with new facilities. ■ Develop duct bank details with duct cross-section drawings, as required ■ Perform cable ampacity and pulling calculations ■ Develop sectionalizing and protection scheme for the area being modified with this project Radio System for Hydro Plant R. W. Beck will assist the City to procure a microwave point to point radio system for the communications to the Hydro Plant from City Hall. The assistance will be in the form of soliciting quotations from potential vendors of this type of equipment, evaluating the quotations and preparing performance installation specifications and drawings. Assistance will be limited to the radio equipment and will not include the network engineering for the connections or tower design or modifications. Deletion of Distribution Line Design (4.25 -miles of Overhead Construction from Substation to Hydro Plant) Based on our discussions, the City has elected to remove this project from the Capital Improvement Plan. The revised Scope of Services include a deduction for the engineering included in the original Scope of Services minus services provided to date. On-site Construction Management Services (Optional) R. W. Beck can provide on-site construction management, if requested. This would include an on-site field representative for the duration of the on-site activities. Construction Management Services provided during construction would include: • Providing one full-time, on-site construction manager/inspector for the duration of project construction (for budgeting purposes assumed to be six months) ■ Assisting Ukiah in coordinating and hosting a pre -construction meeting ■ Observing construction to review conformance of construction with the contract documents and intent of design ■ Periodically review delivery of materials and its impact on the project schedule ■ Providing day-to-day information on the status of construction and the project schedule Mr. Mel Grandi August 22, 2008 Page 4 of 5 • Observing site operations; foundation construction; equipment placement; structure erection; subsurface facilities; and contractor field testing, start-up, and final cleanup ■ Preparing and maintaining records to document receipt of Ukiah furnished material (if applicable), construction activities, contractor's project staffing by crafts, construction progress, and meeting minutes ■ Observing tests and checks throughout the construction period, such as concrete cylinder tests, soil compaction test, survey checks, and testing of electrical and mechanical equipment and systems ■ Maintaining records of construction changes and check that the contractor does likewise, so that after the project's completion, drawing revisions can be made to provide accurate conformed -to - construction record drawings ■ Attending project meetings held by the contractor ■ Responding to RFIs and questions that arise during construction ■ Reviewing construction contractor requests for payment ■ Reviewing construction contractor change requests ■ Providing monthly project progress reports on budget and schedule performance, as well as any obstacles and recommended solutions Fee for Additional Services The additional Scope of Services presented herein will be provided for the not -to -exceed amount as indicated in the table below. R. W. Beck shall not be required to furnish additional services or incur additional expenses above the total project fee without written authorization and additional funding from the City of Ukiah. This proposal will remain valid for 45 days from the date first written above. Additional Substation Engineering Services $ 110,065 CEQA Environmental Services $ 48,337 Underground Distribution Design $ 105,432 Radio System for Hydro Plant $ 7,539 Additional Services Total: $ 271,373 Adjustment to Task 8 - Hydro Circuit - $ 99,489 Total Adjustment to Original Contract $ 171,884 Original Contract $ 490,287 Total Amended Contract $ 662,171 Optional Construction Management (estimated) $ 265,000 Mr. Mel Grandi August 22, 2008 Page 5 of 5 If the proposed services and fee meet with your approval, please authorize below and return one copy of this agreement to my attention for our records. R. W. Beck will provide the services described herein pursuant to the Professional Services Agreement between the City of Ukiah and R. W. Beck dated March 21, 2007. Thank you for the continued opportunity to provide our services to the City of Ukiah Sincerely, R W. BECK, INC. Anthony Hanson, P.E. Project Manager encl: Exhibit A — LOCA Associates Scope of Services Authorization CITY OF UKIAH Signed Printed Title Date Authorization of Optional Services CITY OF UKIAH Signed Printed Title Date R. W. BECK, INC. Signed � \ Printed Keith Deaton Title Principal and Regional Practice Manager Date Aueust 22. 2008 R. W. BECK, INC. \ A --c' � Signed ` Printed Keith Deaton Title Principal and Regional Practice Manager Date Aueust 22. 2008 EXHIBIT A July 23, 2008 00005.01/0011 R. W. Beck 131 MIR PARKWAY, PARKSIDE PLAZA BUILDING ONE, SUITE 300 HENDERSONVILLE, TN 37075 Attention: Mr. P. Anthony Hanson, P.E., Senior Project Manager Subject: Proposal for the Preparation of an Initial Study/Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) for a Power Substation in the City of Ukiah California. Dear Mr. Hanson, The following is a proposed Work Plan and cost estimate for the preparation of an Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed relocation an upgrade of an existing electrical power substation located near the intersection of Gobbi Street and Orchard Avenue in the City of Ukiah California. This Work Plan will be prepared pursuant to the CEQA Guidelines "Article 6 — Negative Declaration Process." Work Plan Task 1 Site Visit and Photography Laco Associates (LACO) staff will conduct a site visit and photograph the site of the existing facility and the proposed new location for the electrical power substation. Photographs of the existing site and the proposed site will be taken along with photos of existing surrounding land uses. These photographs and site notes will be utilized for analysis of existing surrounding land uses and other features of the site and vicinity for determination of potential impacts to surrounding land uses and for the development of potential mitigation measures. Some of the site and vicinity photographs will be included as descriptive exhibits in the IS/MND. Exhibit Preparation Exhibits such as vicinity maps, architectural elevations, if needed and other descriptive exhibits will be provided by R.W. Beck for inclusion in the environmental documents as required. Task 2 Support Studies At this time LACO has not included any Special Studies such as a Geology Report, Biology Report, Cultural Resources Investigation or other Special Studies that may potentially be required for the CEQA document. We understand that R.W. Beck will provide a Geotechnical Report for the subject project. Otherwise it appears from data collected thus -far that no additional Special Studies or Investigations will be required. However, if it is determined that any Special Studies or other special Investigation are required, LACO will provide a Scope of Work and Cost Estimate for any such studies during the document preparation process. LACO has reviewed a copy of the Phase I Environmental Site Assessment (ESA) prepared by EBA Engineering of Santa Rosa California dated April 2008. This Report indicates that there may be asbestos and potentially lead-based paint associated with the house located at 5 Robinson Lane. If this house is to be demolished as a part of the project, the recommendations of the Phase 1 ESA should be adhered to. Therefore, there is no cost estimate for this Task at this time. Task 3 Prepare Administrative Draft Initial Study and Mitigated Negative Declaration (IS/MND) LACO will prepare the Administrative Draft IS/MND based upon the information gathered from the site visit, potential support studies and other sources. CEQA document preparation will include the preparation of the Initial Study Checklist (IS) and responses to all 88 questions within the checklist pertaining to all of the environmental categories listed in the IS Checklist. The completed Administrative Draft IS/MND will include detailed responses that include evidence that indicates the potential level of environmental impact of the project within each environmental category. This task includes review of any potential support studies and summarization of the project site setting, recommendations, findings, and mitigation measures included in any potential support studies or information from other existing sources for incorporation into the IS/MND. If it is determined that no additional studies or investigations are required, the document will be prepared based upon existing, available information. The IS Checklist responses may be based upon potential support studies, existing documentation, City of Ukiah Codes and General Plan, the Mendocino County General Plan, Mendocino County Code and State Laws or Codes, or verbal communications with Public Agencies or other experts. Task 4 Mitigation Monitoring Program (MMP) Pursuant to CEQA Section 15074(d), a MMP shall be prepared. This document will be attached to the IS/MND and will summarize each mitigation measure from each applicable environmental category that includes at least one mitigation measure and will include the timing for implementation of the measure, the entity or individual responsible for carrying out the measure and the tasks associated with accomplishment of the mitigation that is required for each mitigation measure. This document will also identify any measures that require any additional special reviews, permits or approvals and the timing for implementation of any such permits, reviews or approvals. Task 5 Copy and Distribute the Administrative Draft IS/MND Copies of the Administrative Draft IS/MND will be distributed to select employees of the City of Ukiah, as directed by the Planning Director, Mr. Charley Stump. A copy of the Administrative Draft IS/MND will also be distributed to R. W. Beck Engineering for review and comment. This will be considered the informal "in-house" review and comment phase. Response to Comments Comments received from reviewers of the Administrative Draft IS/MND will be addressed in the Draft IS/MND that will be sent to the City of Ukiah and circulated by the City of Ukiah through the State Clearinghouse, various public agencies, and available for review by the general public (See Task 7). Task 6 North East Information Center Review (Chico California) LACO assumes that LACO will prepare and submit the request for information from the North East Information Center (NEIC) located in Chico, California. This request will be sent on behalf of the Lead Agency, the City of Ukiah, California. The NEIC will conduct a review of existing Archaeological and Historical records in the vicinity of the project site and result in a letter from the NEIC indicating the potential presence of any cultural materials that may be located in the vicinity of the project site. If recommended by the NEIC, LACO will coordinate a sub -consultant agreement with an Archaeologist to conduct a Cultural Resources Investigation of the subject site. If the results of the records search is negative, the environmental documents will reflect this fact in the appropriate section of the IS/MND. Task 7 Prepare and Circulate the Draft IS/MND Notice of Completion (NOC) and Notice of Intent (NOI) After completion of any suggested revisions to the Executive Draft IS/MND and completion of Task 6, the environmental documents will be revised and the requisite number of copies of the environmental documents will be delivered to the City of Ukiah for further processing. The IS/MND will then be ready for circulation to the general public and distribution to the California State Clearinghouse (SCH) for review by specific Public Agencies as directed by the City of Ukiah. It is assumed that LACO, acting on behalf of the City (Lead Agency) for this project will prepare the Notice of Intent (NOI) to approve the project and adopt a Mitigated Negative Declaration. The NOI shall also be published at least one time in a newspaper of general circulation in the area affected by the proposed project. The NOI shall also be posted both on and offsite in areas where the notice may be reviewed by the general public. The NOI shall be mailed to each property owner contiguous to the project site. LACO assumes that we will also prepare the Notice of Completion & Environmental Document Transfer (NOC) that will accompany each copy of the environmental document. It is assumed that the City of Ukiah will distribute the environmental documents to the SCH, other reviewing Public Agencies and other interested persons or organizations. It is also assumed that the City of Ukiah will publish the NOI in a local newspaper, Mail the NOI to all contiguous property owners and post the NOI as described in this task. LACO will provide the requisite number of copies of the NOI and NOC to the City of Ukiah. The NOI shall include the information specked pursuant to CEQA Article 6, Section 15072 of the CEQA Guidelines. This will include a project description, the date of any Public Meetings, Workshops and the date scheduled for the Public Hearing to Adopt the MND and other required information listed in CEQA Section 15072. LACO will coordinate with the City on the information to be included in the NOI. Task 8 Preparation of Resolution and Findings LACO will prepare a resolution for approving the project and adopting the MND for the project pursuant to City of Ukiah Code and the CEQA guidelines. The resolution will include the required information to identify the project, the fact that a MND has been prepared for the project including a finding that there will be no significant effect that is not mitigated to a level of insignificance. Findings of fact will be prepared to support the responses for the environmental categories addressed within the MND and other pertinent information. The resolution will also provide other information pertinent to the environmental record for the project. Task 9 Public Review and Circulation The City of Ukiah shall provide a public review period of the IS/MND of not less than 30 days prior to conducting public hearings for adoption of the MND pursuant to CEQA Article 6, Section 15073. Copies of the Draft IS/MND, NOI and the NQC shall be produced for distribution to the State Clearinghouse (for distribution to other public agencies) and to selected public agencies and individuals to be determined during execution of Tasks 6, 7 & B. A copy of the NOI and NOC shall be attached to each copy of the IS/MND that is issued for review. Copying costs of the environmental documents are included in this Task. The requisite number of copies of the environmental documents, the NOI and NOC will be sent to Mr. Charlie Stump for distribution to the SCH and other agencies selected by the City of Ukiah. Task 10 Response to Comments LACO will prepare responses to all comments received from public agencies and the general public during the 30 -day public review period, if applicable these comments will be addressed in the Final MND or otherwise explained during the public hearing by City Staff or LACO personnel (See Task 12) for the approval of the project and adoption of the MND. Cost for this task assumes that City Staff will present the environmental document to the City Planning Commission. Task 11 Notice of Public Hearing As Lead Agency, the City of Ukiah shall review and approve a notice of public hearing prepared by LACO and distribute the Notice to each public agency, group or individual that submits written comments on the Draft IS/MND. LACO will prepare the draft notice for the City for review and comment and will prepare the final notice to be issued. The date, time and place of the public hearing for adoption of the MND shall be included in the Notice. The notice of public hearing should also be posted on and off site for review by the general public. The notice of public hearing will include most of the information included in the NOI. Please note that the NOI will also include the date of the public hearing for project approval and adoption of the MND. Although not required by CEQA Statutes, the notice of public hearing should be published in a newspaper of general circulation at least 10 days before the public hearing to adopt the MND and approve the project. This task assumes that the City of Ukiah will distribute and post the notice of Public Hearing as described in this task. Task 12 Public Hearings If requested by the City of Ukiah, the LACO Senior Environmental Planner or the LACO Planning Director will attend the Public Hearing to present the environmental documents to the City of Ukiah Planning Commission for approval of the project and adoption of the MND. If the City of Ukiah determines that LACO staff will not be required to attend the Public Hearing for the project and environmental documents, then this task and cost may be omitted from the Work Plan. This Work Plan includes an estimated cost for attendance of LACO's Senior Environmental Planner or the Planning Director at one Public Hearing. If LACO is requested to attend additional Public Hearings for any reason, LACO will provide a time & materials cost for additional Public Hearing attendance. Task 13 Notice of Determination Pursuant to CEQA Article 6, Section 15075, LACO will prepare a Notice of Determination (NOD) to be riled with the Mendocino County Clerk and the State Office of Planning and Research within five working days of project approval and adoption of the MND for the project. At the time of such filing with the Mendocino County Clerk, a State Department of Fish and Game Fee of $1,926.75 will be required to be paid to the Mendocino County Clerk. This fee will be paid by the City of Ukiah. It is assumed that the NOD along with the fee check from the City of Ukiah will be filed with the Mendocino County Clerk by City Staff. Task 14 Environmental Impact Report If for any reason an EIR is determined to be required, LACO will provide a Work Plan for preparation of an EIR based upon the issues examined within the IS/MND. Task 15 Project Management The Project Manager will be Michael D. Nelson, Planning Director for LACO. John E. Blodgett, Senior Environmental Planner will be the principal author of the IS/MND. Michael D. Nelson will process all invoices to the Client (R. W. Beck) and any potential sub -consultant invoices and monitor all work products of LACO staff and potential sub - consultant staff for Quality Control and Quality Assurance (QA/QC). The project manager will be the primary contact person for all tasks and work products associated with execution of this project Work Plan and will be assisted by the Senior Environmental Planner as required by the project manager. Task 16 Proiect Meetings Throughout the environmental review process there may be a need for special "project meetings" with the City of Ukiah, R. W. Beck or other public agencies and potentially individuals or organized groups such as homeowners associations or other "special interest' groups. LACO staff will be available to attend or conduct such meetings on a time and materials basis. For purposes of this Work Plan, we estimate the potential for one project meeting to be conducted either at the LACO conference room (with R. W. Beck) or at the City of Ukiah and if this meeting is required. If the location of any meeting is in Ukiah, time and materials cost associated with travel and vehicle usage will be included. LACO staff attending this meeting will be the Senior Environmental Planner and potentially, the Planning Director. Task Estimated Cost Task 1 — Site Visit and Photography & Exhibits $800.00 Task 2 — Support Studies $000.00' Task 3 — Prepare Administrative Draft IS/MND $9,500.00 Task 4 — Mitigation Monitoring Program $ 950.00 Task 5 — Distribute Administrative Draft IS/MND & Responses $1,100.00 Task 6 — North East Information Center Review $ 465.00 Task 7 — Prepare Draft IS/MND & NOI & NOC $2,250.00 Task 8 — Preparation of Resolution & Findings $1,650.00 Task 9 — Public Review & Circulation $ 950.00 Task 10 —Response to Comments $1,500.00 Task 11 — Notice of Public Hearing $ 600.00 Task 12 — Public Hearing $1,500.002 Task 13 — Notice of Determination (NOD) $ 500.00 Task 14 — Environmental Impact Report $0,000.00' Task 15 — Project Management $2,500.00 Task 16 — Project Meeting $1,150.00 Sub -Total Estimated Cost $25,415.00 Contingency (5%) $1,270.00 Total Estimated Cost $26,685.00 ' If it is determined that the environmental documents can be prepared based upon existing available information and no sub -consultants are required for the preparation of Special Studies, then this cost is zero. If sub -consultants are determined to be required, LACO will provide a cost estimate and agreement amendment for the use of any sub -consulting personnel. 2 Cost estimate for this task assumes that the LACO Senior Environmental Planner will attend the Public Hearing. If the City of Ukiah determines that LACO attendance is not required, there will be no cost for this task. 3 This zero cost estimate assumes that an EIR will not be required for the subject project. ITEM NO: 10c MEETING DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AUTOMATIC UPDATE FOR ELIGIBILITY IN THE UKIAH C.A.R.E.S. PROGRAM TO 200% OF THE CURRENT FEDERAL POVERTY INCOME GUIDELINE Staff requests Council to approve an increase to the C.A.R.E.S. Monthly Discount Program income guideline based on 200% of the Federal Poverty Guidelines. Currently the Income Guideline for the Low and Senior Discounts are based on the 2007 Federal Poverty Guidelines. (Attachment 1 - 2007 C.A.R.E.S. Income Guidelines) Qualification for participation in the program is administered by the Salvation Army under the contract between City of Ukiah and Salvation Army. The City of Ukiah C.A.R.E.S. Program is funded by the Public Benefit Fund. This allows qualified seniors to receive a $40.00 per month discount towards the electric portion of their utility bill and allows low income families to receive a $30.00 per month discount towards electricity. Applicants must apply and qualify annually, by submitting an application at the Salvation Army Office, for continued participation in the program. Emergency Assistance provides $350.00 to qualified applicants. It can be used by anyone that has experienced a temporary reduction in income or unusually high Continued on page 2 RECOMMENDED ACTION: Approve automatic update for eligibility in the Ukiah C.A.R.E.S. program to 200% of the current Federal Poverty Income Guideline ALTERNATIVE COUNCIL POLICY OPTIONS: Make no change to the income guideline for Ukiah C.A.R.E.S eligibility. Citizens Advised: Requested by: Kay McLellan, Utility Customer Service Team Leader Prepared by: Kay McLellan, Utility Customer Service Team Leader Coordinated with: Jan Newell, Finance Controller Gordon Elton Finance Director Attachments: 1. 2007 C.A.R.E.S. INCOME GUIDELINES 2. C.A.R.E.S. INCOME LEVEL/PARTICIPATION REPORT 3. HSS POVERTY INCOME GUIDELINES 4. PROPOSED 2008 C.A.R.E.S. INCOME GUIDELINES Approved: L/vr� Je Chambers, City Manager Page 2 of 2 expenses such as illness, death in the family, or automobile repairs. We were able to provide relief in 2006 to people experiencing losses and expenses from the flood. Applicants for both the C.A.R.E.S. Program and the Assistance Program must submit proof of income for all members of the household. The income level must be within the C.A.R.E.S. Income Guidelines to qualify. Salvation Army reports quarterly to the City of Ukiah the number of applicants, number of people within the household and their income levels. (Attachment 2 — C.A.R.E.S. Income Levels/Participation Report). The C.A.R.E.S. Income Guideline is adjusted in accordance to the Federal Poverty Income Guideline. The Federal Government adjusts the Poverty Income Guideline annually and is normally available in late February to early March (Attachment 3 - HHS Poverty Income Guidelines). In the past, staff has made yearly requests to adopt the current year Federal Poverty Guidelines for increases to the Monthly Discount Income Guidelines at the beginning of the new fiscal year. This sometimes delays households from qualifying for assistance that might otherwise get assistance if the guidelines were adjusted as information becomes available. At this time staff recommends making automatic adjustments to the program income guidelines based on 200% of the Federal Poverty Guidelines as the new rates become available (Attachment 4 - Proposed 2008 C.A.R.E.S. Income Guidelines). The program income guidelines will be reported to Council as they are implemented. An annual report will be submitted to Council in July showing the number of applications and the number of participants by income level. 222 VATTACHMENT Ukia.S. City Assistance;6 elief through Energy Support sponsored by City of Ukiah. Administered by the Salvation Army. UKIAH C.A.R.E.S. PROGRAM (Temporary Emergency Assistance, Senior Discounts, Non -Senior Discounts) INCOME GUIDELINES JULY 1, 2007 THROUGH JUNE 30, 2008 Income considered for eligibility is MONTHLY OR ANNUAL GROSS INCOME NUMBER OF PEOPLE LIVING IN HOUSEHOLD 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons GROSS INCOME @ 200% of FPIG Ukiah C.A.R.E.S* 200% of Annual Federal Poverty Income Guidelines C.A.R.E.S. C.A.R.E.S. 100 % of Annual MONTHLY GROSS Federal Poverty CASH INCOME Income Guidelines OF HOUSEHOLD $9,800 $13,200 $16,600 $20,000 $23,400 $26,800 $30,200 $33,600 $1,633 $2,200 $2,766 $3,333 $3900 $4,466 $5,033 $5,600 ANNUAL GROSS TOTAL INCOME OF HOUSEHOLD $19,600 $26,400 $33,200 $40,000 $46,800 $53,600 $60,400 $67,200 *For family unit of more than 8 members, add $3,400 for each additional Derson C.A.R.E.S. amounts represent 200% of Federal Poverty Income Guidelines. Over 10 people add $3,400 annually or $283 monthly for each additional person per household. Eligibility is determined by The Salvation Army r 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 Shared doc\billing shared\care income guideline UKIAH CARES INCOME LEVELS I PARTICIPATION REPORT Attachment#2 Page 1 of 1 2008 Federal Poverty Guidelines 2008 HHS Pm,.r Persons In Family or Household 48 Contiguous States and D.C. Alaska Hawaii 1 $10,400 $13,000 $11,960 2 14,000 17,500 16,100 3 17,600 22,000 20,240 4 21,200 26,500 24,380 5 24,600 31,000 28,520 6 28,400 35,500 32,660 7 32,000 40,000 36,600 835,600 44,500 For each additional person, add 3,600 4,500 :414JOU ATTACHMENT_,? SOURCE: Federal Register, Vol. 73, No. 15, January 23, 2008, pp. 3971-3972 The separate poverty guidelines for Alaska and Hawaii reflect Office of Economic Opportunity administrative practice beginning in the 1966-1970 period. Note that the poverty thresholds — the original version of the poverty measure — have never had separate figures for Alaska and Hawaii. The poverty guidelines are not defined for Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, the Republic of the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, and Palau. In cases In which a Federal program using the poverty guidelines serves any of those jurisdictions, the Federal office which administers the program Is responsible for deciding whether to use the contiguous -states -and - D.C. guidelines for those jurisdictions or to follow some other procedure. The poverty guidelines apply to both aged and non -aged units. The guidelines have never had an aged/non-aged distinction; only the Census Bureau (statistical) poverty thresholds have separate figures for aged and non -aged one-person and two -person units. The poverty guidelines may be formally referenced as "the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2)." file://SAFinancelUkiahh CaresL008 Federal Poverty Guidelines.litm 8/22/2008 Ukia ,S, ATTACHMENT car City Assistance fo0dReliej through Energy Support sponsored by City of Ukiah. Administered by the Salvation Army. UKIAH C.A.R.E.S. PROGRAM (Temporary Emergency Assistance, Senior Discounts, Non -Senior Discounts) INCOME GUIDELINES JULY 1, 2008 THROUGH JUNE 30, 2009 (DRAFT) Income considered for eligibility is MONTHLY OR ANNUAL GROSS INCOME GROSS INCOME @ 200% of FPIG I *For family unit of more than 8 members, add $3,600 C.A.R.E.S. amounts represent 200% of Federal Poverty Income Guidelines. Over 10 people add $3,600 annually or $300 monthly for each additional person per household. Eligibility is determined by The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 Shared doc\billing shared\care income guideline C.A.R.E.S. NUMBER OF 100 % Annual MONTHLY GROSS ANNUAL GROSS PEOPLE LIVING Federal Poverty CASH INCOME TOTAL INCOME IN HOUSEHOLD Income Guidelines OF HOUSEHOLD OF HOUSEHOLD 1 Person $10,400 $1,733 $20,800 2 Persons $14,000 $2,333 $28,000 3 Persons $17,600 $2,933 $35,200 4 Persons $20,200 $3,533 $42,400 5 Persons $24,800 $4,133 $49,600 6 Persons $28,400 $4,733 $56,800 7 Persons $32,000 $5,333 $64,000 8 Persons $35,600 $5,933 $71,200 9 Persons $39,200 $6,533 $78,400 10 Persons $42,800 $7,133 $85,600 I *For family unit of more than 8 members, add $3,600 C.A.R.E.S. amounts represent 200% of Federal Poverty Income Guidelines. Over 10 people add $3,600 annually or $300 monthly for each additional person per household. Eligibility is determined by The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 Shared doc\billing shared\care income guideline Item no. 10c UKIAH CARES Attachment #2 we-nur- t FVELS / PARTICIPATION REPORT Page 1 of 2 UKIAH CARES INCOME LEVELS REPORT 7/9nn7.f6,2nn8 Item no. 10c Attachment #2 Page 2 of 2 CITY OF UKIAH - Monthly Discount renewal MONTH1 Person $19,600 2 Person $26,400 3 Person $33,200 4 Person $40,000 5 person $46,800 6 Person $53,600 7 Person $60,400 8 Person $67,200 9 Person 10 Person Total $74,000 $77,400 households Total people Annual Monthly $1,633 $2,200 $2,767 $3,333 $3,900 $4,467 $5,033 $5,600 $6,167 $6,450 helped Helped JULY 2 2 1 21 8 30 AUGUST 10 3 3 — 3 -- 2' --- 1 - 22 -- 54 SEPTEMBER 3 1 - 4 - 3 2 j 2 - -- 15 --- - 53 ---9--6-- OCTOBER 6 3 2 6 _1 27 75 NOVEMEBER _ 3 _ —2-2 1 _ _ 8 17 DECEMBER --_- 1 2 2 2 7 21 JANUARY 7 2 4 1 _ 2 16 48 FEBRUARY 5 5 3 2 1 — 16 - 44 MARCH _ 2 1 _ 2 2 0 2 1 - 0 - 10 37 APRIL 1 2 4 i---3-- 2 - 1 13 45 1 5 JUNE 2 2 1 3 1 1 10 32 Yearly Totals 43 1 28 23 1 25 21 5 1 6 1 2 153 461 # not qualified 4 5 1 1 11 22 CITY OF UKIAH - Senior Discount renewals JULY 20 2 22 24 AUGUST 38 10 1 49 61 SEPTEMBER 44 11 1 56 69 OCTOBER 21 4 1 26 33 NOVEMBER 6 - 6 6EM DECBER 6 2 1 -- 9 -- 15 JANUARY 10 2 12 14 FEBRUARY 19 2 1 22 28 MARCH — 7 1 - _ 8 10 APRIL 39 1 o 1 50 62 MAY 18 6 24 30 JUNE 10 1 11 12 Yearly Totals 238 50 4 1 1 2 1 295 364 # not qualified 19 2 1 21 23 - - =t�1 t 2007-2000 iF W2007' - - Seniors 295 150 Seniors 364 226 Low Income 153 105 Low Income 461 282 Total 448 255 Total 825 508 Page 2 of 2 REVISED Item 10c ATTACHMENT -4 Ukia . S. - City Assistance f through Energy Support sponsored by City of Ukiah. Administered by the Salvation Army. UKIAH C.A.R.E.S. PROGRAM (Temporary Emergency Assistance, Senior Discounts, Non -Senior Discounts) INCOME GUIDELINES JULY 1, 2008 THROUGH JUNE 30, 2009 (DRAFT) Income considered for eligibility is MONTHLY OR ANNUAL GROSS INCOME GROSS INCOME @ 200% of FPIG *For family unit of more than 8 members, add $3,600 C.A.R.E.S. amounts represent 200% of Federal Poverty Income Guidelines. Over 10 people add $3,600 annually or $300 monthly for each additional person per household. Eligibility is determined by The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 Shared doc\billing shared\care income guideline C.A.R.E.S. NUMBER OF 100 % Annual MONTHLY GROSS ANNUAL GROSS PEOPLE LIVING Federal Poverty CASH INCOME TOTAL INCOME IN HOUSEHOLD Income Guidelines OF HOUSEHOLD OF HOUSEHOLD 1 Person $10,400 $1,733 $20,800 2 Persons $14,000 $2,333 $28,000 3 Persons $17,600 $2,933 $35,200 4 Persons $21,200 $3,533 $42,400 5 Persons $24,800 $4,133 $49,600 6 Persons $28,400 $4,733 $56,800 7 Persons $32,000 $5,333 $64,000 8 Persons $35,600 $5,933 $71,200 9 Persons $39,200 $6,533 $78,400 10 Persons $42,800 $7,133 $85,600 *For family unit of more than 8 members, add $3,600 C.A.R.E.S. amounts represent 200% of Federal Poverty Income Guidelines. Over 10 people add $3,600 annually or $300 monthly for each additional person per household. Eligibility is determined by The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 Shared doc\billing shared\care income guideline ITEM NO: Ila MEETING DATE: September 3, 2008 AGENDA SUMMARY REPORT SUBJECT: POLICE DEPARTMENT STRATEGIC PLANNING PROCESS UPDATE: PRESENTATION OF POLICE ANNUAL REPORT AND COMMUNITY SURVEY The purpose of this Council report is to update the City Council on the progress which has been reached as the department reaches a number of critical milestones in the Strategic Planning Process. This includes the presentation of the Department's Annual Report, and the introduction of the Department's Community Survey, which is being used to seek information from the community to help the department determine future strategic planning activities. Over the last few years, the Ukiah Police Department has experienced a significant increase in workload, an increase in staffing, and development of many new middle and upper level management personnel. To answer questions about how the department should evolve to meet the needs of the community, and to put into place specific goals and objectives, staff has begun the process of initiating a long-term strategic plan for the department. Staff desires to design and create an inclusive strategic planning process and long- term strategic plan, which incorporates views from officers, management, other City departments and City leaders, elected officials and community customers, resulting in strengthening the departments ties with the community and a broad-based commitment to the future direction and priorities of our department. Continued on Daae 2 RECOMMENDED ACTION: Informational only, no action by Council is required. ALTERNATIVE COUNCIL OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Chris Dewey, Chief of Police Coordinated with: Jane Chambers, City Manager Attachments: Annual Report, Community Survey, Employee Survey Approved: hJ le Chambers, City Manager POLICE DEPARTMENT STRATEGIC PLANNING PROCESS UPDATE On July 16`h 2008, the department updated the Council about our planned Strategic Planning Activities, including a timeline for our planning activities. The department is currently in the strategic planning phase of gathering data specific to the strengths and weaknesses of our department from the community. To assist us in this data -gathering phase, the department has developed an Annual Report with violent and non-violent crime statistics, and information about the current services offered by the department. It is our desire that this annual report will serve as a point of reference for the community, about our department organizational structure, the types of criminal activity within our community, and the services we currently provide. This Annual Report was developed by Police Records Clerk Tracey Porter, with the technical assistance of Mendocino County Public Health employee Phyllis Webb. Phyllis Webb's time and efforts on this project were graciously donated by Public Health Director Stacey Cryer. The department also obtained printing services for the document from the Mendocino County printing office, which enabled the department to prepare the report at about half the cost of commercial print vendors within our community. The department is extremely grateful to the cooperative relationship developed with the County in preparing this report, and keeping costs our costs to a minimum. Along with the Annual Report, the department has completed both a Community Survey and Employee Survey. These surveys are being used to seek information from the community to help the department determine future strategic planning activities. Over the next month, these surveys are being mailed to 8000 households and businesses in the greater Ukiah area as an insert in utility billing. During September, October and November, staff will be using the Annual Report, survey tools, community meetings, and key stakeholders meetings to find out what our community consumers are most concerned about in terms of crime and safety. This phase is estimated to be complete by November 2008. A presentation of the data gathered as well as preliminary analysis is anticipated to take place with the Ukiah City Council at a workshop in December 2008, to identify key focus areas for the strategic plan. Between January and March 2009, the Strategic Planning Executive Team members together with UPD line -staff personnel will then identify goals, objectives and strategies for 2009-2014. This information will be translated in a written document for implementation and monitoring. Conclusion of the planning process will occur with a presentation of the Strategic Plan document at a May 2009 City Council meeting and subsequent implementation of the strategic plan. Recommendations: Informational only, no action by the Council is required. City Council Mayor Douglas F. Crane Council Member John McCowen Vice Mayor Phil Baldwin Council Member Mari Rodin A Message from the City Manager Council Member Benj Thomas The job of a police officer is demanding and complex. Whether directing traffic at the scene of an accident, responding to a domestic violence disturbance, or investigating a serious crime, the officers of the Ukiah Police Department are called upon each day to make quick, smart decisions under the most stressful circumstances. Working with the support of the Ukiah City Council, the City Manager, and fellow city departments, officers of the Ukiah Police Department ensure that our homes, neighborhoods, businesses and streets are safe. They enforce the laws that govern us all and do so with an even hand. They work to develop partnerships with the community to protect life and property, solve neighborhood problems, and enhance the quality of life in our City. This first annual report provides an account of how public safety services are being delivered for the residents of Ukiah, and is a testament to the contributions of the officers and employees who make up this exceptional team. Sincerely, c_try o/ 'cwian Table of Contents Mission Statement & Values.......................................................4 Message from the Chief of Police...............................................5 Organizational Chart...................................................................6 ServiceArea Map........................................................................7 CrimeTrends.............................................................................8 CrimeStatistics.........................................................................9 Communications.......................................................................10 PatrolDivision.........................................................................11 Investigations..........................................................................12 Mendocino Major Crimes Task Force........................................13 School Resource Officer...........................................................14 SupportStaff...........................................................................15 Gang Related Crimes & Prevention ..................................... 16-1 7 New Personnel & Fiscal Year Budget.........................................18 Significant Events of 2007........................................................19 2007 Departmental Awards & History .....................................20 OurNext Steps.........................................................................21 Ukiah Police Department 2007 Annual Report immunity Service r Y Ukiah Police Department Safety, Profess ionaiisn,, Community Service A Message from the Chief of Police Chris Dewey On behalf of the 32 sworn police officers and the other 15 dedicated professionals whose efforts and energies are reflected in these pages, I am pleased to introduce you to the 2007 Annual Report. This report presents both a statistical overview of crime in our community and efforts to deter criminal activity. It also provides a glimpse of the services provided by the Ukiah Police Department, and what the department has accomplished with city and community support during the past year. The officers, dispatchers and employees of the Ukiah Police Department are committed to work in partnership with the community to promote public safety and crime prevention through education and law enforcement. As part of our commitment, we have adopted three organizational values; the principles upon which we base our policing: Safety: We value human life and strive to enable our citizens to be safer and less likely victimized by crime. Professionalism: We value dedication, highly trained personnel and commitment to the standards of the law enforcement profession. Community Service: We value the privilege to provide effective, efficient and equitable service. We respect the members of our community, the importance of a combined crime prevention alliance and the opportunity to provide a united policing effort. The Ukiah Police Department has some of the most respected and valued individuals in law enforcement. I am proud to stand among these men and women. We are also surrounded by supportive organizations and people: community partners, civilian employees, volunteers and everyday citizens who are willing to come forward when called upon. The men and women of the Ukiah Police Department thank you for your support. Together we make Ukiah a better community in which to live, work, and visit. Sincerely, Operations Commander Captain Justin Wyatt Patrol Team Shift Al Sergeant Sean Kaeser Chris Gordon Vincent Morse Tyler Schapmire Patrol Team Shift B1 Sergeant Cedric Crook Rick Pintane Noble Waidelich Ross Lunceford School Resource Officer Andy Porter Police Chief Chris Dewey Support Services Commander Captain Trent Taylor Training Sergeant Darren Wojcieszak Investigations Unit 1 Sergeant David McQueary Mariano Guzman Chris Long Sammie Marsh Glenn Stark Pete Hoyle (Task Force) Patrol Team Shift A2 Sergeant Erik Baarts Josh Cabral Dan Lockart Tim Marsolan Patrol Team Shift B2 Sergeant Greg Heitkamp Fred Keplinger Julian Covella (Not pictured) Records Clerks Josie Castanon Donna Kiely Tracey Porter Parking Enforcement Deanne BuergIer Gaylene Bartholf Dispatch Christel Cash Jenny Duskin Tammy McAsey-Ingle Jeremy Pollard Karin Ronk Tanya Schillinsky Tiffany Silva Evidence Technician Dan Walker Police Mechanic Chris Walker Ukiah High School: G 4aeaw�� 4 c 0 Over 1,800 people Rr� ' D n wo Ro populate this campus DR during schooI days. a Nwoo Vis. Ukiah City Limits d 53 El 9. r 1995 General Plan Sphere of Influence State & Perkins: During peak times 0 YbPO V= •�. 1,723 cars per hour. Fe y x pass through this py W intersection. �U On an average sT a month, the Ukiah o�Y Police Department responds to 46 In 2007:traffic accidents. Ukiah City limits Is 4.84 ' ' Total Accidents In square miles y1 - ' 3 the City limits in The Sphere of influence r} y I 2007: 557 around Ukiah is 9.55 r square miles Approximately 15,000 people reside In the , Ukiah city limits z Eu r o (CE Cr. �a => Approximately 40,000 people reside in the WAGE RD. greater Ukiah Valley b" m 30,00040 A00 people work ordo business in eKR� Ukiah everyday ; m v A Talmage & Airport Park 56% of people arrested w Blvd: During peak times by UPD did not reside 2,136 cars per hour pass within the Ukiah city rr >r through this intersection.` limits M G4£IO L -o N -- Creeks 4 c 0 Russian River z z Highway101 Ukiah City Limits d 53 0 r 1995 General Plan Sphere of Influence 0 YbPO V= Fe Crime Trends 160 140 a 120 Q100 80 60 i 40 20 0 Ukiah Felony Arrest Crime Trends 2001 2002 2003 2004 2005 2006 2007 F aultglary ft ijuana I■ Dangerous Dw9s l LD Weapons Felony Trends: • Assault arrests remained high through 2007 with an irregular trend • Burglary arrests decreased from 2004 through 2006, but increased by 34% in 2007 • Theft arrests decreased since a high in 2003 • Dangerous Drug arrests increased by 142% from 2001 to 2007 • Marijuana arrests remained low but have increased somewhat since 2004 500 450 400 350 Q 300 `0 250 200 150 Z 100 50 0 Ukiah Misdemeanor Arrest Crime Trends Misdemeanor Trends: • Petty Theft arrests decreased since 2002 and increased slightly in 2007 • Public Intoxication arrests decreased from 2001 through 2006, but increased in 2007 • Other Drug arrests increased by 473% from 2001 to 2007 • DUI arrests saw a large increased in 2006 due to a corresponding increase in dedicated patrols. 3 Crime Statistics 9 Homicide 0 1 1 Forcible Rae 5 19 14 Robbery 11 11 20 Assault - Firearm 1 0 3 Assault - Knife 2 7 6 Assault Other Weapon 41 20 24 Aggravated Assault 58 25 67 Other Assaults 311 294 270 3-W Burglary �^: yw. i 189 165 176 Larceny/Theft 291 201 269 Vehicle Theft 62 52 45 Arson 10 2 1 v Marijuana 57 51 70 Other Drugs 372 481 510 Drunk Driving 116 487 411 Misdemeanor 1278 1677 1797 Felony 698 753 658 COLLISIONS Injury 37 25 32 Non Injury 462 404 371 Hit and Run 119 125 115 Traffic Citations 1191 1397 1 1340 Traffic Warnings 2481 5002 1 5681 9 y in the life of a Communications ... where it starts Ada Safety Dispatcherublic Annual Calls For Service 26902 27937 Fe Calls for Service ■ Gime Reports * The above graph explains how many times per year a police or fire unit responds to a call & how many police reports were written. M Patrol Officers A day in the life of a Ukiah • The Patrol Division is divided into 4 teams Police Officer each of which work 1 2 -hour shifts. One Sergeant and 2-4 officers are assigned to each team. Together they provide 24- hour service, 7 days a week. Patrol Officers provide immediate police services within the community. The average officer: —Answers 2,130 calls for service per year —Writes 344 crime reports per year —Makes 138 misdemeanor arrests per year —Makes 51 felony arrests per year —Writes 105 traffic tickets per year DOMESTIC VIOLENCE CALLS 2001 2002 2003 2004 2005 2006 2007 YEAR ■ Domestic Disputes 13 Domestic AssauRs 7 ___-- Investigations The Ukiah Police Department Investigations Bureau is comprised of one Sergeant and four Detectives. Their primary duties include the following: Investigates major crimes including homicide, sexual assault, robbery, burglary, fraud, identity theft, credit card theft, forgery, criminal street gangs, elder abuse, child abuse, arson, terrorism, and missing -persons cases. Works in partnership with other law enforcement agencies including the Mendocino County Sheriff's Office, District Attorney, Probation, Parole, and other local, state, and federal agencies. Receives advanced training in their area of expertise, and all investigators receive on- going cross -training to enable them to provide a higher level of service to the community. Total Cases Submitted for Prosecution 2005 2006 2007 12 A day in the life of a Ukiah Police Detective Mendocino Major Crimes Task Force • The MMCTF is comprised of all law enforcement agencies within Mendocino County. It is currently staffed with 7 officers, including one Ukiah Police Officer. In 2007 MMCTF provided the following services: • Conducted 125 investigations leading to the arrest of 121 individuals. Of these arrests, 38 were in the City of Ukiah; 31 for methamphetamines. • Received 254 intelligence reports on narcotic traffickers and provided criminal intelligence information to other law enforcement agencies. • Seized over $5.2 million estimated street value in drugs, including methampheta- mines, heroin, cocaine, morphine, hashish, and marijuana. • Prepared and executed 36 search warrants, 1/3 of which were in the City of Ukiah. • Seized 39 weapons. Drug Arrests Statistics F--MMCTF Drug Arrests in 2007 35 31 30 23 Coast 25 20 1 13 16 ■City of lAtiah 15 O Greater lNciah Valley 10 q q 6 North County L5 0 eyes �a\aa°a GC&P �aoo say O 13 A day in the life of a Task Force Agent School Resource Officer • In 2007, 5,100 students were enrolled at schools within the Ukiah City Limits. The School Resource Officer is assigned to provide the following services: • Provides law enforcement resources at Ukiah High, South Valley, and Pomolita Middle School. • Deals with issues regarding alcohol/drug use, fighting, gangs, weapons, thefts, vandalisms, and other crimes. • Serves as police security at school dances, foot- ball games, and other after-school events. • Provides service and outreach to elementary schools, speaks in classrooms and provides tours of the Police Department. A day in the life of a School Resource Officer School Calls for Service 500 417 400 349369 8___.__3s1 9 331 315 2 ` 300 --_--■_._.__.. 299 - ■ �. , E Z 200 156 134 233 119 . 1k a —i 1220_ 90 98 108 100 x.- 18 24 16 2 26 20 a1 47 _�------� 0 10 1 N— ��1z 10 T 2000 2001 2002 2003 2004 2005 2006 2007 t Porrolita-Disturbances on Car pus -a— UHS-Disturbances on Carpus --,t Pomolita-Calls for Police Service _�— UHS-Calls for Police Service Support Staff Records Unit • Records is staffed with 3 full-time Records Clerks. • Processes police reports and sends them to the District Attorney for review. All reports are data entered into local Records Management System. • The Records Unit maintains report and arrest files, and release of records. • Serves the public that visits the Police Department and answers business lines. • Offers live scan finger printing for applicants. Parking Enforcement • Staffed with 1 full-time and 1 part-time Parking Enforcement Officer. • Monitors downtown area for parking violations, including permit parking lots. Responds to parking complaints downtown during business hours. • Maintains parking meters, keeping them in working order. Police Cadet Program • The Police Cadet program is available to qualifying applicants 13 years and older, who maintain a 2.5 G PA. • Police Cadets serve in Communications and participate in Police ride -a -longs, assisting Officers with limited patrol functions. • Cadets are mentored by Police Officers and receive training towards future law enforcement careers. 15 A day in the life of a Police Records Clerk A day in the life Parking Enforcement 2007 Police Cadets "707 187 on Busters on UPD" Translates to: Kill Nortenos and UPD Gang -Related Crimes 2002 to 2007 Over the last few years, the Ukiah Police Department has experienced a significant increase in the number of gang -related criminal investigations. Along with this trend, the Department has experienced a steady increase in the number of these investigations which are considered felony -weapons and felony -assault type events. Department Personnel are active participants of the Mendocino Multi Agency Gang Suppression Unit and other North Bay Multi Agency Gang Enforcement Teams which include Mendocino, Lake, Sonoma, Napa, and Marin Counties. During 2007, the Department investigated 208 gang -related crimes and made 134 Misdemeanor and Felony arrests for gang -related events. 2002 2003 2004 2005 2006 2007 2007 Gang Prevention Programs Misdemeanor Crimes Misdemeanor Arrests Felony Crimes Felony Arrests In an effort to reduce gang participation and gang violence in our community, the Ukiah Police Department participated in a wide range of Gang Prevention Programs, and continued to develop partnerships with other community groups. These efforts included: • Gang Resistance Is Paramount (GRIP) and GRIP Action Team - This nationally recognized anti -gang program steers children away from gangs through classroom lessons, counseling and parental training. These studies have shown that 90% of the kids who complete the GRIP program have a negative attitude towards gangs. This program for the Ukiah Unified School District was funded using Asset Forfeiture Drug Education Funds. 16 Nuestra Casa After School Tutoring Program - This program is designed to keep children in school and away from dangerous gang activities. During the 2007/2008 school year, the Department's School Resource Officer became a partner in this program, providing after school mentoring and instruction. This program for Nuestra Casa was partially funded using Asset Forfeiture Drug Education Funds. Ukiah High School Campus Supervision Program - Campus Supervisors are important to maintaining a safe educational environment. An additional Campus Supervisor was partially funded using Asset Forfeiture Drug Education Funds. Donated money, time keeps GRIP funded for now By LAURA MCCUTCHEON The Daily Journal New money and hired help will sustain the anti -gang curriculum in Ukiah Unified's elementary schools for a few more years. The Ukiah Police Department this year donated $21 ,000 to the Gang Resistance is Paramount program; the Mendocino County Sheriffs Office donated $10,000 and some staff time, according to Pat Sanborn, prevention services coordinator at Mendocino County Alcohol and Other Drug Programs, and former GRIP counselor. "Our plan is to start outreaching into different parts of the community, including service clubs and county and city governments, to look for additional funding sources to make this a long sustainable program," Dewey said. Asked why the UPD donated to the cause, Capt. Chris Dewey said simply: "To keep kids from joining gangs." Over the last two years, the UPD has sent 15 certified gang members to prison as a result of on-going gang investigations, Dewey said. 17 New Personnel Officers: Tyler Schapmire, Vince Morse, Tim Marsolan & Gabriel Aponte Dispatchers: Tammy McAsey-Ingle, Jenny Duskin & Tiffany Silva Swearing in Officer Aponte Graduating Marsolan from the Police Academy Fiscal Year 2007-2008 Budget IS O Personnel ❑ Operations & Maintenance ■ Training ■ Capital Expenditures Significant Events of 2007 Dewey chief of UPD Veteran officer lake, over from retiring chief Police fire on Ukiah man over weapon No one hurt in Saturday morning incident Thank you, Chief Williams We wand to say thank ,voil and so long to Police Chief John Will] nis as he heads be retirement from his 30 years on the Ukiah Police force and nine years as its leader'. Chief tYdlktnls is one of the nicest people We know and has led the deparnnem through some tough economic imhes, the loss to renretnehn or higher salaries of a number of veteran officers ffihd into it new phase of rebuilding with a sales tax fund that was a battle from beginning to end. Chief Williams also kept his dep.utnhent up to date, brought in technical improve - mems, and tried hard to create partnership, throughout the community on important problem, like gangs and graffIti. His leadership showed through perhaps most in the worst of time., as his officers were alwaPs professionals on scene when a serious incident or crime involved loss of life. He may walk into the sunset wondering What the final result will be in the continuing battle over backyard marijuana giowine fit the city; which has put the police in between neighbors and a legal medicinal marijuana law getting out o1control. And he may wish to forget a Fourth of July when some loud patriotic music; began blaring from it hillside and the 91I lines be all to light up. eur perhaps ore of his finest achieve- ments is groaning an officer named Chris Dewey to replace him. C7hief Dewey, we think. will cary on the practice of protecting and defending a small conununfry With well- trained officers who earl in outreach, crime prevention and it common sense approach to policing. We welcome Chief Dewec to his new post and are confident the depart»ent is in good hands. IISIDINSIDE Mendocino Counties The Ukiah World briefly ., 1 x 1 ncvrepapei , .. Page 2 �N DAI L: R U �L .51 L Sn' THUF P�x :IN,:,,,NI.9,o,NN. ntonsunr m .m milli. r" is aao; Massive search for missing man UPD officers kill man on Dora Police responding to domestic disturbance encounter suspect with sawed-off shotgun Man shot during sweep Bullets fly in south Ukiah neighborhood 19 2007 Departmental Awards CITATION FOR COURAGE: Sergeant Wyatt, Sergeant Heitkamp, Detective Stark and Corporal Baarts for "South Dora" shooting incident on April 2nd, 2007. CITATION FOR COURAGE: Sergeant Kaeser, and Officer Gordon for "Domestic Disturbance" shooting on December 29th, 2007. CITATION FOR COURAGE: Sergeant McQueary and Officer Hoyle for "Man with a Gun" incident February 10th, 2007. Images of the Past Retired Chiefs Date Served:' 1947 John J. Vierengo 1949 Jerry W. Neuhauser 1949 George E. Smith 1961 Donn D. Saulsbury 1976 David D. Johnson 1985 Fred W. Keplinger III 1998 John D. Williams Research prepared by Fred W. Keplinger III and Ed Bolt 20 Our Next Steps... Ukiah Police Department Strategic Plan 2009-2014 Over the last few years, significant increases in workload, greater legislative mandates, and the need to fiscally manage the departments limited resources has become ever more demanding. To answer questions about how the department should evolve to best serve the needs of the Ukiah community, while responsibly managing our limited resources, the Department has begun the process of initiating a long-term strategic plan during 2008. Our desire is to design and create an inclusive long-term strategic plan, which incorporates views from officers, management, other City departments and City leaders, elected officials and community customers. This challenge, we hope, will result in strengthening the department's ties with the community and create a broad-based commitment to the future direction and priorities of our department. We are already well underway, creating strategic planning process and meeting with the community. We look forward to next year's report, and your help in determining just where we go from here. Thank you! This report was made possible only through the hard work of Police Records Clerk Tracey Porter, and Mendocino County Employee Phyllis Webb. Phyllis' time and efforts on this project were graciously donated by Stacey Cryer, Mendocino County Health and Human Services Agency. Photo contributions were made by Peter Armstrong and Jeremy Pollard 21 Ukiah Police Department Safety, Professionalism, Community Service 300 Seminary Avenue Ukiah CA 95482 Phone: (707)463-6262 Fax: (707)462-6068 Additional copies of this report available on our website at www.cityofukiah.com 0 COMMUNITY SURVEY CITY OF UKIAH September 2008 UST Ukiah Police Department PU �1SHED! UPD 7^ HOW DO YOU RATE THE UHIAH POLICE DEPARTMENT? We are Annua! Itepoa engaging in a planning process and need your help in finding out how well we are doing and what issues are important to you as a citizen of Ukiah. Please take a moment to complete this survey. Your opinion matters to us. Please circle the ONE response with whichyou agree most. Fora copy of the report, visit wane. cityofirkiab. com 1. Within the City of Ukiah, are you a Resident Business Owner Boll)Other resident, a business owner or both? 2. How safe do you feel within the City very Moderately Somewbat Not of Ukiah? Safe Safe Safe Safe Please explain What street do you live on? Don't Know 3. Do you feel that the Ukiah Police Officers and staff behave in a professional manner when dealing with Very Moderately Somewbat Not Don't Professional Professional Pmfessional Professional Know the public (i. e., respectful, dedicated, committed and skillful)? Please explain 4. Overall, how well do you feel the Ukiah Police Department does in providing services to the community? Please explain Excellent Good Farr Poor Dont Know 5. From the list below, please circle the three (3) most important issues that must be addressed to improve the safety and quality of life in our community. Assault Domestic Violence Property Theft Homelessness Gang -related Activity Irresponsible Driving Drunk Driving Mental Illness Vandalism/Graffiti Marijuana Methamphetamines Public Nuisance - please Traffic Congestion Public Intoxication Park Safety We value your opinion. Thank you very much for your response! Please return this surveN to the Ukiah Police Department no later than September 30, 2008. You can return this survey in one of the following ways: 1) include it in the envelope with your utility bill payment; 2) fax it to 462-6068; 3) drop it by the Ukiah Police Station; or 4) fold it and mad it to UPD, Attn: Chief Dewey, 300 Seminary Ave., Ukiah. p" 70 '�r Y Ukiah PoliceWDepartment UKIAH POLICE DEPARTMENT EMPLOYEE SURVEY August 2008 P1TBI 13 HED! DIRECTIONS: As you know, we are in the midst of developing a five-year UPI) Y strategic plan that will provide the road map for the department to follow as we Annaal Report deliver services to the community. Your input into this process is important. Please answer the following questions honestly. All of your responses will be completely confidential. Please circle the OiNF response with whichyou agree most. Por a copy of the report, visit o muuityofukiah.com 1. How safe do you think citizens are Very Moderately Some,rhat Not Don't who live within Ukiah? Safe Safe Safe Safe Kom Please explain 2. Do you feel that the Ukiah Police Officers and staff behave in a , professional manner when dealing with I/ery Moderately Somewhat Not Don't Professional Professional Professional Professional Kno, the public (i.e., respectful, dedicated, committed and skillful)? Please 3. Overall, how well do you feel the Ukiah Police Department does in Don't Excellent Good Pair Poor providing services to the Krnan community? Please explain 4. From the list below, please circle the three 0 most important issues that must be addressed to improve the safety- and quality of life in our community. Assault Domestic Violence Property Theft Gang -related Activity Irresponsible Driving Drunk Driving Homelessness Mental Illness Other 5. How would you rate your current l%ry High morale Oob motivation) level? Please Vandafism/Graffiti Marijuana Methamphetamines Public Nuisance -please sperrfy Moderately 'Ventral Iligh Traffic Congestion Public Intoxication Park Safety 1wor Very Lor OMUKIAH POLICE DEPARTMENT EMPLOYEE SURVEY • August 2008 Ukiah Police Depamnwa 6. In your opinion, how effective is the department in doing the following things? Very Effective Slightly Not at all Don't Know Effective Effective Effective Responding to employee ideas and suggestions Listening to employee ideas and suggestions Communicating important information through appropriate channels Treating employees fairly and consistently Recognizing the need to improve working conditions Praising employees for work well done Providing appropriate training Providing informative and helpful work evaluations Involving employees in decisions that impact them Involving employees in research and planning Promoting our work plan and product to the public 7. If you are a sworn officer, during the course of an average work week, how much time do you spend on the following? Less than 25% 25% Up to 50% up to 75% of the lime of the time of the time of the lime Responding to Calls For Service Proactive Enforcement Activities Positive Police Contacts With Citizens & Businesses Case Documentation, Reports & Evidence S. Please rank the top 3 activities from the list below that you think sbould be the focus of the department based on our values — Safety, Professionalism, Community Service. (Please rank 1-3, with #1 being the most important) _Increase the level of involvement by neighborhood residents. _Increase police presence in the neighborhood. _Increase level of collaboration with other town departments or agencies. _Focus on more nuisance and minor crime -related problems. Improve communication among police personnel. Increase ability to analyze crime problems and safety of citizens, and evaluate the strategies used to address them. Increase level of collaboration with area businesses. Identification of at -risk individuals. Other Your opinion is valued! Thank you very much for your response! Please complete and return this survey to your supervisor no later than August 22, 2008. ITEM NO. 11b DATE: September 3 2008 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE MAYOR TO EXECUTE AGREEMENT FOR MAP AND DESCRIPTION CHECKING BY COUNTY OF MENDOCINO FOR THE CITY OF UKIAH, DOT AGREEMENT NO. 080054 SUMMARY: Staff has worked with the Mendocino County Surveyor's office to develop an agreement to provide map and description checking for the City. Section 66431 of the Subdivision Map Act allows the county surveyor to perform these services. This Section 66431 states: "Upon mutual agreement of their respective legislative bodies, the county surveyor may perform any or all of the duties assigned to the city engineer, including required certifications or statements." Fees for map and description checking will be the County's standard rates. The City currently contracts with SHN Consulting Engineers & Geologists, Inc. for map and description checking. SHN has no objections to the City's proposal to utilize the County Surveyor's office for map and description checking. The proposed agreement will result in a benefit to private sector surveyors and engineers by having standardized map and description checking services for both City and County maps RECOMMENDED ACTION: Authorize Mayor to execute Agreement for Map and Description Checking by County of Mendocino for the City of Ukiah, DOT Agreement No. 080054. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Direct staff to continue contracting with a private surveying firm for map and description checking. Citizen Advised: Arthur W. Colvin, County Surveyor Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Jane Chambers, City Manager 41 -- Attachments: 1. Agreement for Map and Description Checking by County of Mendocino for the City of Ukiah, DOT Agreement No. 080054 APPROVED: Jan Chambers, City Manager RJS: ac-cosuneong ws Attachment # 1 BBS AGEMENT AGREEMENT FOR MAP AND DESCRIPTION CHECKING BY COUNTY OF MENDOCINO FOR THE CITY OF UKIAH DOT AGREEMENT NO. 080054 THIS AGREEMENT is made and entered into on the date last executed by and between the CITY OF UKIAH, hereinafter referred to as "CITY", and COUNTY OF MENDOCINO, hereinafter referred to as "COUNTY." RECITALS WHEREAS, 1. The City is desirous of entering into an agreement with the County through the County Surveyor's Office for the checking of Final Maps, Parcel Maps and Legal Descriptions in accordance with the State of California Subdivision Map Act, City Codes and Ordinances, and the Professional Land Surveyors' Act. This may be accomplished through Section 66431. of the Map Act which states "Upon mutual agreement of their respective legislative bodies, the county surveyor may perform any or all of the duties assigned to the city engineer, including required certifications or statements."; and 2. In conformity to Section 66431. the City wishes to enter into this agreement with the County for the County Surveyor's Office to review said maps and legal descriptions on behalf of the City and to sign the required statements on behalf of the City as City Surveyor and the City Engineer to sign those statements required by and for the City Engineer; and 3. In performing these functions under this Agreement, both parties shall endeavor to clearly define and execute guidelines and reimbursements for applicable incurred costs. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. TIME OF AGREEMENT: This Agreement shall commence on the date last executed and shall continue until terminated with advance written notice of sixty (60) calendar days by either party. 2. SCOPE OF SERVICES: The parties agree that the City will transmit to the County for review and checking Final Map packets, Parcel Map packets and Legal Description packets for boundary line adjustments, certificate of compliance packets, and easement descriptions. The County will log in these projects in date -received order and perform the checking within the time limits specified in the Subdivision Map Act. The County will work with the City and the engineer or surveyor submitting the map to resolve any items to insure the map meets City Code and State Statutes, whereupon the County Surveyor will sign and stamp the map mylar for final processing by the City for recording. 3. FEES: The County will perform checking at the standard county fee schedule rate for maps and descriptions, this fee schedule may be revised from time to time to keep in line with increased cost incurred. If a map or description is more complicated than normal to check, the fee will be based on a time and materials rate after the initial map checking fee is expended. Page 1 of 3 4. PAYMENT: Fees for map and description checking will be paid by the applicant of/for the project, directly to the County and a copy of the receipt shall be provided to the City for their record keeping. Any time and material cost will be billed to the City for its payment which sum the City shall recover from the project applicant. Such time and material cost under this Agreement shall be due each month within thirty (30) calendar days after receipt of an invoice from the County to the City. 5. TERMINATION: Either party may terminate this Agreement for any reason by giving sixty (60) days written notice to the other party. Upon notice of termination of this Agreement, the County will complete the review/checking of any maps or descriptions in process at the time of such notice, so as not to hinder the final processing and recordation of said maps or descriptions. 6. JURISDICTION: This Agreement shall be construed in accordance with the laws of the State of California. 7. INDEMNIFICATION: CITY shall hold harmless, defend, and indemnify COUNTY, its officers, officials and employees from and against all claims, damages, losses and expenses, including attorney fees and costs arising out of the performance of the Agreement described herein, caused in whole or in part by any negligent act or omission of CITY, its officers, officials and employees, except where caused by the active negligence, sole negligence or willful misconduct of COUNTY, its officers, officials, and employees. COUNTY shall hold harmless, defend, and indemnify CITY, its officers, officials and employees from and against all claims, damages, losses and expenses, including attorney fees and costs arising out of the performance of the Agreement described herein, caused in whole or in part by any negligent act or omission of COUNTY, its officers, officials and employees, except where caused by the active negligence, sole negligence or willful misconduct of CITY, its officers, officials and employees. 8. RECORDS: The parties agree to retain and preserve all relevant records pertaining to map or description review and or checking for at least five years following termination of this Agreement. Each party shall allow the other party to inspect and copy any records that the latter may need. 9. ENTIRE AGREEMENT: AMENDMENT: This Agreement is the entire agreement of the parties and no other written or oral evidence shall be construed to be part of this Agreement. The parties may at any time amend this Agreement by mutual consent, in writing, as necessary to achieve the contractual objectives of the parties. 10. NOTICES: Notices shall be given to the parties at the following locations: CITY Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482 COUNTY Mendocino County Surveyor's Office 340 Lake Mendocino Drive Ukiah, CA 95482 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this Agreement the day and year hereinafter written. Page 2 of 3 CITY OF UKIAH By: _ Mayor, City Council Date ATTEST: City Clerk APPROVED AS TO FORM: City Attorney IN Date Date COUNTY OF MENDOCINO CHINIR, MENDOCINO COUNTY DATE BOARD OF SUPERVISORS ATTEST (tel Lge' e_. J bpu7Y 'I a1•ok KRISTI FURMAN DATE CLERK OF THE BOARD APPROVAL RECOMMENDED '-yx' gg !V• ei� 6-17-09 ARTHUR W. CON—IN DATE COUNTYSURVEYOR APPROVED AS TO FORM.___._...(�kiko JE INE B. N E ereby certif that according to theDATE CO TY CO SEowsions ofovemment Code Sections 25103, delivery of this document has been made. KRISTI FURMAN Page 3 of 3 Clerk of the Board BY. /ibf'11L� ❑EPUTY Exhibit A Record of Survey Map First Sheet $500.00 Each Additional Sheet $150.00 Record of Survey Recheck First Sheet $150.00 Each Additional Sheet $80.00 Parcel Map - Minor Subdivision First Sheet $1,400.00 Each Additional Sheet $300.00 Parcel Map - Minor Subdivision Recheck First Sheet $300.00 Each Additional Sheet $100.00 Parcel Map - Parcel Subdivision First Sheet $1,800.00 Each Additional Sheet $450.00 Parcel Map - Parcel Subdivision Recheck First Sheet $400.00 Each Additional Sheet $140.00 Final Map - Maior Subdivision First Sheet $2,200.00 Each Additional Sheet $450.00 Final Map - Maior Subdivision Recheck First Sheet $400.00 Each Additional Sheet $130.00 Resubdivision or Reversion to Acreage First Sheet $1,000.00 Each Additional Sheet $140.00 Resubdivision or Reversion to Acreage Recheck First Sheet $350.00 Each Additional Sheet $100.00 Miscellaneous Legal Description Review $180.00 Miscellaneous Map Review $230.00 Unilateral Agreement $600.00 ITEM NO: 11c MEETING DATE: September 3 2008 AGENDA SUMMARY REPORT SUBJECT: CITY COUNCIL CONSIDERATION OF SPONSORING A$25,000 GRANT PROPOSAL TO COMMON SENSE CALIFORNIA ON BEHALF OF MENDOFUTURES FOR THE PURPOSE OF SUPPORTING MENDOFUTURES' PLANNED COMMUNITY ENGAGEMENT EFFORTS INVOLVING WATER ISSUES Background: MendoFutures is a volunteer group of citizens from around Mendocino County that came together about two years ago to serve as "honest brokers' in addressing issues of countywide importance. MendoFutures' approach is based on the conviction that: By involving the community in a new way of operating, citizens will create new and varied connections and conversations that result in systemic and sustainable solutions to problems affecting the county. The results will become visible to people both inside and outside the county, and Mendocino County will become the preferred provider of goods, services, tourism, and education. MendoFutures is focusing its efforts in three areas: 1. Wine and Grape: Transportation, water, marketing 2. Food and Agriculture: Distribution; marketing/identity/logo; education; water 3. Timber: Fragmentation, working landscapes, marketing, water/grading ordinance Along with MendoFutures, the City of Ukiah, and communities all around Mendocino County have been dealing with important questions about the long-term viability of the water supply, water rights, and the health of our water sources—the Eel River watershed, the Russian River watershed, and aquifers. Even the Employers Council of Mendocino County has begun to address water issues through collaborative meetings with various stakeholders. Continued on page 2 RECOMMENDED ACTION: City Council to approve fiscal sponsorship only of a $25,000 grant proposal to Common Sense California on behalf of MendoFutures. ALTERNATIVE COUNCIL OPTIONS: n/a FUNDING: Amount Budgeted Account Number Additional Funds Requested n/a n/a n/a Citizens Advised: n/a Requested by: Councilmember Mari Rodin Prepared by: Councilmember Mari Rodin Coordinated with: Jane Chambers, City Manager Attachments: Common Sense CA Information: MendoFutures Information Approved: !L2t_ v J e hambers, City Manager It came to my attention several weeks ago that a foundation called Common Sense California (CSC) is making grant funds available to municipalities (and school districts and nonprofits) throughout the state that are looking to involve their public in important policy issues. The goals of CSC align very well with the goals of MendoFutures. I alerted Steve Zuieback from MendoFutures about this opportunity, thinking that a grant could fund one of the areas in which MendoFutures is currently working through volunteer and fundraising efforts. Mr. Zuieback informed the MendoFutures board of this grant opportunity. The board of MendoFutures is supportive of trying to obtain CSC grant funds to support their community engagement efforts around water issues with the goal of developing public policy recommendations for elected officials. Because only municipalities, school districts, and nonprofits can apply for a CSC grant (and MendoFutures is not a legal entity), and because public policy development and public engagement are important functions of city government, I am recommending that the City of Ukiah be the fiscal sponsor for a $25,000 grant proposal to CSC on behalf of MendoFutures. City staff would not incur any responsibilities other than passing funds from CSC to MendoFutures. The outcome of the community engagement process will assist policy makers countywide in making critical decisions about the future of our water supply and the health of our water resources. Common Sense California ®Senseemmonn Sse _ __ Coldomia .......... IDI"Hl The energy crisis. Gridlock on the highways. Faltering schools. Budget deficits. A critical shortage of affordable housing. During the past five years alone California has faced serious crises that have shaken our confidence in the future attainability of the California dream. And these problems threaten to get bigger in the next 20 years when the state is expected to add a population equivalent in number to the state of Ohio. Californians have stopped talking about and thinking about the future and, most importantly, as a statewide community, we have stopped preparing for it. We now lack a commonly accepted basis for making important decisions about the future of our state. The mission of Common Sense California is to serve as a civic bridge between the citizens of California and our elected officials. We hope to improve and reform the broken system of governance in California so that, together, we can face and resolve the significant, long term challenges facing our state. We span a broad spectrum of professional disciplines and perspectives. We are Republicans, Democrats and Independents. Much more information about Common Sense California can be found here. Page 1 of 1 7A0HMF.NT —L http://www.commonsenseca.org/ 8/27/2008 Common Sense California Citizen Engagement Grant Program Page 1 of 1 MI IMM18 anteir WHitMu cwravan Comm California Offering $125,000 to support citizen engagement projects The Common Sense California Citizen Engagement Grant Program supports municipalities, school districts, and non-profit organizations throughout the state that are attempting to engage citizens in the policy-making process. Common Sense California (CSC) understands that at both the city/region and K-12 school district levels public officials are looking for more effective ways to involve their publics in significant policy decisions. These can range from land use and budget questions on the municipal side to school regionalization and district visioning in the K-12 area. CSC also knows that many organizations and municipalities do not have a budget line item devoted to `citizen engagement', so we developed the Citizen Engagement Grant Program in orderto: • Offer important resources to municipal, educational, and non-profit organizations that are looking to involve their public in an important policy decision. • Provide consultation to these organizations regarding possible engagement process approaches, connecting leaders with the top practitioners in this field. • Promote the processes of civic engagement throughout California, so that municipal leaders can involve their community in producing more informed policy outcomes. Common Sense California invites you to submit a brief online proposal for grant consideration. Citizen Engagement Grants will be awarded in two ways: 1. Common Sense Grants: Four (q) of these top-level grants of up to $25,000.00 each will be awarded on October 1, 2008 after a 3 -week review process. Proposals are due by September 10, 2oo8. 2. Catalyst Grants: Multiple grants in amounts ranging from $1,000.00 to $7,500.00 will be awarded on a "rolling" basis beginning June 15, 2008. Proposals for these grants can be submitted immediately and will be reviewed as they are received. http://www.commonsenseca.org/grantprogram.asp 8/27/2008 A Brief Introduction to Common Sense California la ama uwouwv m MW uurawu Common Sense California • Sell -Government in Peril • 'fhe Promise of"Deliberative Democracy" • Common Sense California Self -Government in Peril Since the founding of the United States, Americans have held a core belief: no aristocracy, no ruling class, no elite should be allowed to control our government. Rather, the people, through democratic processes embedded in a system of elected representation, must control the government. Our political processes, from our beginnings as a nation, have been filled with shortcomings and malfunctions. But we have never wavered from our dedication to self- government. We live in an era of mounting doubt that self-government is still possible in our political system. Ordinary citizens see the ideological extremes, both left and right, and big money interests controlling the agenda of elected officials. In California, the large majority of eligible voters hold preferences in the center of the political spectrum. But they see a legislature dominated by strong ideologues in both political parties and find themselves unheard in public policy debates and ever more frustrated. And the example of the California Legislature is far from unique. We have been swept up in a vicious cycle: (a) loss of public trust in representative institutions feeds a perception of governmental ineffectiveness and waste and (b) in turn, the perception of inept government stokes the loss of trust. The citizenry still wants good schools, sound fiscal management, clean water and reliable transportation systems. But they doubt the ability of government to provide these essentials. And these public doubts are found throughout the population and are not held solely by political conservatives and libertarians. We have lost the sense that we "own" our government and that we have the power, envisioned in the Declaration of Independence, to change it. Our elected representatives have their own discontents. They are assaulted by "stakeholders" with narrow and often selfish interests. They see no constituency for the "public interest' and that very term has fallen into disuse. As government officials they are confronted by complex problems and agonizing trade-offs. They see a public that wants services but fails to understand how difficult it is to make large governmental organizations respond and taxpayers unwilling to pay more taxes to governments seen as wasteful. The Promise of "Deliberative Democracy" Recognizing the vicious cycle of eroding trust and perceived governmental ineffectiveness and faced with intractable public controversies from re -zoning a defunct shopping center to reforming the public schools, many governments now seek more public "input' before adopting budgets or changing laws or regulations. When the level of conflict results in political gridlock, some government agencies have now turned to mediating among warring groups, such as developers, environmentalists and local residents. Sometimes these forms of "public engagement' improve communication, provide good ideas and help undergird constructive action. But these often useful forms of engagement leave either government officials and/or established interests and organizations, rather than average citizens, at the center of decision- making and action. It is doubtful that conventional forms of public engagement can reverse the vicious cycle of Page I of 3 http://www.commonsenseca.org/briefintro.asp 8/27/2008 A Brief Introduction to Common Sense California eroding trust and perceived government ineffectiveness because these forms do not really create an "ownership" role for ordinary citizens. We see the importance of developing modes of public participation that: • Put average citizens in consequential decision-making roles rather than leaving leadership solely in the hands of government officials or organized groups (the example of the role of citizens in the jury process is an apt one in this regard) • Provide balanced information and competing arguments as a foundation for solving public problems . Encourage civil deliberation and real dialogue among persons selected in a process that assures representation of many viewpoints and backgrounds including those who would ordinarily disagree with one another . Facilitate creative thinking and compromise to fashion constructive and pragmatic solutions to issues ranging from how to collect trash to the reform of the health care system . Connect the results of such deliberative citizen engagement to the workings of representative government so there is concrete action and not solely conversation The most dramatic example of these ideas at work in North America is provided by the Citizens' Assemble of British Columbia. Created by the Province of British Columbia, the Citizens' Assembly is a group of 16o randomly selected citizens created to reform their electoral system. In 2004 the Citizens Assembly met periodically over a year to study alternative electoral systems, hold public hearings and deliberate about wholesale reform. Their proposal was far- reaching and won wide public trust because it had been developed by "regular" citizens and not elected officials or a blue-ribbon panel. Placed before the voting public in May 2005 the Citizens Assembly's proposition received a 58% yes vote. The British Columbia example is a small one but it is significant. It shows a path toward renewed citizen ownership of and responsibility for the working of democratic processes in a republican form of government. The Citizens Assembly built on work over the past 30 years that is called "Deliberative Democracy." The development of deliberative democracy has emerged from governments and independent organizations including Viewpoint Learning, ArnericaSpeaks, the Stanford Centcr on Deliberative Democracy and Public Agenda. The range of work that has been carried out by these organizations and others is remarkable. Deliberative democracy projects have been carried out in small towns and major cities (and, indeed, in several major cities simultaneously through the use of electronic hook-up). Projects have been carried out in the United States, Canada, Australia, Brazil, China, and several different European nations. The topics addressed have ranged from the allocation of a city budget in Eugene, Oregon and Menlo Park, California to the planning for recovery from Hurricane Katrina. to the question of integrating Catholic and Protestant youth in the schools of Northern Ireland. The size of the participating groups has ranged from a few dozen to more than a thousand persons. The amount of attention paid by the media to these processes has ranged from zero to major attention on national television. Common Sense California Common Sense California is the only statewide, citizens' organization in our nation's largest state committed to the use of "deliberative democracy" techniques to solve public problems and build trust between citizens and government. Our role is to: Educate the California public and government officials about the promise of the tools of deliberative democracy Assist governments and non-profit organizations to identify where there is a pressing need for new and more deliberative forms of public engagement, to identify the most appropriate professionals in the field (such as Viewpoint Learning, AmericaSpeaks, the Stanford Center for Deliberative Democracy, and Public Agenda) to carry out their plans and aid them in the search for financial support. Helping to create the political support and media coverage that increases the probability that a considered public voice will be heard by public officials and will shape government action. Enduring and creative solutions are best found through respectful dialogue among Democrats, Republicans and the rapidly growing portion of the population that does not identify with either http://www.conimonsenseca.org/briefintro.asp Page 2 of 3 8/27/2008 A Brief Introduction to Common Sense California major party. California is already a state of 37 million people where no ethnic group constitutes a majority. Effective action in the public interest must build upon a foundation of broad-based citizen understanding and action that includes dramatic improvements in participation within and among communities of color'. On February 23-24, 2007 seventy-eight civic leaders, journalists, elected officials, foundation officers, academics and students gathered for a two-day conference on deliberative den1OCraCN in Cali tornia2. The conference was held at Pepperdine University and co -hosted by the Pepperdine School of Public Policy and Common Sense California with additional sponsorship by the New America Foundation. The conference deliberations helped establish our focus for 2007-2008 on demonstrating the value of hearing the citizen voice at both the state level and in the context of meeting local and regional needs. Our top three priorities are: Helping to organize and launch a series of "town meetings" around California that will give representative groups of Californians a clear voice in the current debate about improving and extending health care in our state. Experimenting with the use of the Citizens' Initiative Review (CIR). The CIR is intended to provide a sounder basis for public votes on the ballot initiatives that play a powerful role in setting public policy. The CIR would enable a representative group of citizens to study specific initiatives in great depth, to hear and cross-examine proponents and opponents of ballot initiatives, to deliberate in an open-minded process and to make a recommendation to fellow voters through the information pamphlets already distributed to all voters. (For the current proposal under discussion in the State of Washington, see rwa.mg). Identifying, encouraging, supporting and networking local and regional efforts to solve difficult public problems through the use of one or more techniques of "deliberative democracy." Among the early examples of the projects we are encouraging are: (a) Threshold 15/10 that seeks to expand the housing supply in San Mateo County, (b) an effort to bring Santa Barbara and Ventura counties into constructive dialog on traffic issues and the future of Highway lot and (c) a plan to engage the residents of the Pasadena School District in new and more constructive ways to address the tough choices faced by this important urban school system. In order to respond to these priorities, Common Sense California is establishing an office in conjunction with the School of Public Policy at Pepperdine University. Our efforts thus far have been made possible by extensive volunteer efforts and the financial contributions of the Whitman Institute, the Wallace and Alexander Gerbode Foundation, the Blue Shield Foundation and the Rosenberg Foundation in Northern California and the Sidney Stern Memorial Trust in Southern California and individual donors from several different regions. April 10, 2007 ' Our Board co-chairs are: David Davenport, a long-time Republican, former President of Pepperdine University and a Research Fellow at the Hoover Institution and Steve Weiner, a long-time Democrat, former Provost of Mills College and former President of the Board of Governors of the California Community Colleges. The full membership of our Board and other information may be found at + wh.com monscnscca.org. z The February 2007 conference built on the work of earlier statewide meetings in June 2005 in Oakland, January 20o6 at Pepperdine and June 2oo6 in Sacramento Page 3 of 3 http://www.commonsenseca.org/briefintro.asp 8/27/2008 MendoFutures Page 1 oft MendoFutures - August 2007 Home We are a community of people, resources and unique beauty. We produce economic vitality that is highly visible, Projects is good for people and is good for the ecology. Community Vision Elements: Get Involved . A healthy community that responds to the ecological, economic and equity issues (E3) of our community. . A community that has a shared identity and sense of ownership for its activities and future. . A place that mobilizes and focuses its resources toward its future through stainable practices. . A place that knows how to work together. A place that has an "infrastructure" of effective community engagement and communication processes. MendoFutures has developed two "fictional" stories that help us communicate what we believe is possible for Mendocino County: 2025: The Governor's Visit Vision Story, Suzanne's perspective Operating Principles: 1. Our strategies simultaneously address the economic, environmental and social needs of our community. 2. We utilize a way of communicating through our differences that is based on strong relationships and shared values. 3. Operate using a network of "glue people" that weave our communities together. 4. Our work mobilizes the silent majority as a way of moving community rather than reacting to the vocal minority. S. Work from the common issues that bond people together and resonate across cultures and ages. 6. Operate on what it is that motivates people to take action. 7. We build and support what already works in Mendocino County. Success breeds success. Our Super Ordinate Goal: By involving the community in a new way of operating we will create new and varied connections and conversations that result in systemic and sustainable solutions. These results will become visible to people both inside and outside the county, and our county will become the preferred provider of goods, services, tourism and learning. Our Immediate Approach: . The initial focus of our work is to raise the value of existing resources in a sustainable way. We want to invite "early adopters" from the Timber, Wine/Grapes and Food and http://www.mendofutures.org/ 8/27/2008 MendoFutures Page 2 of 2 Agriculture business sectors into a conversation focused on common solutions that enhance their market sectors. Who is the MendoFutures Project: Paul Dolan Kate Magruder Suzanne Pletcher Doug Mosel Anne Oliver Carol Mordhorst Marty Lombardi David Hance Our Process: Art Harwood Tim Thornhill Sara O'Donnell Jesse Burnett Steve Zuieback Rick Le Burkien Brian Weller Jim Mayfield MendoFutures Process, Carol Mordhorst facilitates a discussion about creating a common vision at a presentation in PowerPoint format (776 KB) MendoFutures Changing the Game Conference Priority Areas for Focus: Wine & Grape Food & Ac griculture Timber Transportation Distribution Fragmentation Water Marketing - Identity - Logo Working Landscapes Marketing Education Marketing Water Water/Grading Ordinance Home I Projects I Community I Get Involved http://www.mendofutures.org/ 8/27/2008 Ukiah City Council September 2, 2008 First let me apologize for not being available to personally present this proposal, and to thank all of you for your consideration of sponsoring our proposal to the Common Sense California — 2008 Citizen Engagement Grant Program. We believe that it will take everyone working together to design practical solutions to our water challenges across the county. As you probably know, MendoFutures is a group of community leaders who share a common vision and set of operating principles. We have been working together for over the last 2 Y2 years and having been evolving over time as the level of enthusiasm and involvement expands. The overall goal of MendoFutures since the beginning has been: To involve the community in a ways of operating that create new and varied connections and conversations resulting in systemic and sustainable solutions for Mendocino County. The key elements of our vision are: • A healthy community that engages in the ecological, economic and equity issues of our community (E3). Locally sustainable and renewable. • A community that has a shared identity and sense of ownership for its activities and its commitment to creating a future together. • A place that mobilizes and focuses its resources toward its future through sustainable practices • A place that knows how to work together. A place that has an "infrastructure" of effective community engagement and communication processes. A community that values diversity of opinions and culture. Our initial area of focus for our work was to bring together the resource-based sectors of our local economy — Timber, Wine/Grape, and Agriculture, so that we could create common understanding about our interdependencies and to find common solutions. These resource issues are the nexus where environmental, economic and community dynamics all come together within rural communities in Northern California. The underlying issue across all these sectors is water — its quality, quantity and availability. We have subsequently convened community stakeholders and experts on water issues and have formed teams of people working on water storage, conservation and residential catchment. Through a partnership with the City of Ukiah, we hope to apply to the Common Sense California for a grant that will allow our water work to expand in three interconnected areas: 1. Expand community engagement in defining and implementing practical water solutions 2. Design and implement a series of water demonstration projects (catchment, conservation and storage solutions) 3. Influence public water policy We hope that the City will agree to partner with MendoFutures in this important and exciting work. This is work that will directly benefit the city itself as well as provide leadership for the entire county. Warm regards Steven Zuieback MendoFutures