HomeMy WebLinkAbout2012-09-05 PacketItem 5a
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9/27/2011
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
9/27/2011
______________________________________________________________________
1. ROLL CALL Ukiah City Council met at a Special Meeting on September 27, 2011, the notice for which
being legally noticed on September 22, 2011. Mayor Rodin called the meeting to order at
6:02 pm. Roll was taken with the following Councilmembers present: Landis, Thomas,
and Mayor Rodin. Councilmembers absent: Councilmembers Crane and Baldwin. Staff
present: Planning and Community Development Director Stump, Senior Planner Jordan,
City Manager Chambers, City Attorney Rapport, and City Clerk Currie.
Councilmembers Crane and Baldwin were not present because both have a conflict of
interest by owning property within a 300 square feet radius of the DZC boundaries and
cannot by law participate in the discussion and/or vote on the matter.
Mayor Rodin owns property within a 300 square foot radius of the DZC, but since Council
needed to have a quorum, one member of the three with the conflict needed to
participate, so there was a selection process between these three Council members and
Mayor Rodin was selected to participate.
2. PLEDGE OF ALLEGIANCE
3. PETITIONS AND COMMUNICATIONS
4. APPROVAL OF MINUTES
a. Minutes of 8/22/11
M/S Landis/Thomas to approve minutes of 8/22/11, as submitted. Motion carried by all
AYE voice vote.
5. RIGHT TO APPEAL DECISION
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Alan Nicholson stated today is the national awareness day for the postal service to raise
the awareness of the closing of post offices. The post office downtown is going to be
closed by Christmas and all appeals have been rejected. Nicholson requested the City
Council entertain sending a complaint to the postal service to see where it leads. He
provided a schedule of procedures and draft complaint. City Council expressed a desire
to add it to an upcoming agenda (maybe October 5, 2011).
Don Larson spoke regarding closing of the downtown post office and picking the closure.
Democracy Now had a segment on closing post offices.
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9/27/2011
7. WORKSHOP DISCUSSION a. Community Workshop For Discussion of the Proposed Downtown Zoning
Code (DZC)
Director of Planning and Community Development Director Stump and Senior Planner
Jordan presented the item. Recommended Action(s): Conduct a City Council workshop
on the draft Downtown Zoning Code and take public comment.
Attachment 1- Unresolved Issues, pg. 7 "Other"
Building Height
Staff recommendation is to have the applicant go through the exception process to bulid
a one story building.
By Consensus City Council supports staff’s recommendation.
Density
Staff recommendation is to leave maximum density at 28 units because it is the same as
the General Plan.
By Consensus, City Council supports staff’s recommendation.
Trash Receptacles
By Consensus, City Council supports staff’s recommendation.
Attachment 2, Table Right-of-Way Configuration Existing and Proposed
Frontage Requirements
Clay Street (Main Street to Railroad ROW) pg. 4
Councilmembers Landis, Thomas, and Mayor Rodin support bike lanes.
Mayor Rodin supports reducing travel lanes and increasing sidewalk widths.
Clay (State Street to Main Street) pg. 4
Council supports removing parking on street, reduce travel lane, adjust sidewalks, and
creating bike lanes.
Tarney Sheldon suggested using a traffic and bike lane concurrently, a shar e row, like
used in other communities when dealing with small streets.
Leslie Street pg. 4
Councilmember Landis and Mayor Rodin support bike lanes (third option).
Alan Nicholson supports the plan integrating with the streetscape plan.
Councilmember Thomas inquired as to what the impact would be on the mobilehome
park in the Leslie street area.
Robert Axt is concerned about Leslie Street with the Senior Center and River Oak
School. The two concerns were adequate sidewalks and safety control for the children.
Hopes all types of types of traffic can be handled on Leslie.
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9/27/2011
Council supports a bike lane if feasible.
Councilmember Landis and Mayor Rodin spoke to Stephenson Street (page 5) and
support travel lanes, no parking, and sidewalks with tree wells.
Councilmember Thomas is concerned about the reduction in parking. Staff stated studies
show plenty of parking is available.
By Consensus, City Council supports the recommendations in the table.
Menu of Alternatives for Limitations on Formula Fast Food Restaurants -
Attachment 3
Linda Helland, Planning Commissioner, agrees the definition of Restaurant - Formula
Fast Food needs clarification.
Robert Axt has issue with the definition of Restaurant - Formula Fast Food.
Robert Axt spoke on behalf of the owners of the Pear Tree Center on Formula Fast Food.
They are concerned about the definition of Restaurant - Formula Fast Food. They are
planning an eat-in restaurant on the vacant corner in the center and feel the DZC puts the
center of town at a disadvantage to the Redwood Business Park. They hope Council will
not prohibit a use that puts them at a disadvantage.
Dan Thomas supports fast food establishments for college student jobs. Spoke regarding
the Perkins Street area and supports taking one section out of the form based zone and
consider it as part of the existing development (Pear Tree Center).
Roberta Heath asked what communities were used to see what is and what is not
downtown. Does not support Ukiah becoming like Marin and Sausalito because Ukiah is
different.
Tarney Sheldon, North Coast Opportunities, Nutrition educator, peers and proximity
affects kids' and families' choices. If the unhealthy foods are available, people will eat it.
Make the healthy food the easy choice.
Linda Helland brought up the fact of the proximity and density of fast food has an affect
on peoples' health and that non-chain restaurants return approximately 20% more to the
local economy than chain establishments do. Encourages City Council uphold the
Planning Commission’s recommendation of prohibiting formula fast food.
Alan Nicholson spoke regarding health care costs and tax dollars by allowing formula fast
food into the community. He read a letter, Attachment 1.
Mo Moheren Wattenburger spoke to the rights of the business owners to sell what they
wish. Does not support a ban.
Councilmember Landis provided some recommendation
1. No formula fast food in downtown core - 6 block area - with the exception of donut
shops, ice cream, and coffee houses, etc. and keep them at 5% of the total stores
downtown.
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9/27/2011
2. In the urban center less than 15% of any formula fast food.
3. In the general urban fewer than 5% of all fast food.
Landis also had the following recommendations:
No fast food on street corners, nor primary locations, less visible, and not a land
mark.
Not more than one per block on either side of street.
Abide by the form with appropriate signage. There are good points in the ASR
about signage. Landis supports hearing from the Design Review Board regarding
signs.
Supports Design Review Board review of exterior plans.
One more than one of any kind or brand in zoning area.
Max of 30 foot street frontage.
No drive thru ever.
Would like to see a trash removal plan - page 2 under additional requirements.
Tarney Sheldon thinks the 5% is too much in the core.
Mayor Rodin supports a ban on formula fast food in any of the three areas of downtown,
suggests limiting to a specific number (like 4) for new (not existing) coffeehouse, ice
cream, etc. in the entire DZC, and agrees with staff's points regarding signs.
Councilmember Thomas supports Mayor Rodin's position.
Rapport explained the motive cannot favor local business, but for health reasons.
Rapport talked about this and the findings.
Rodin suggested looking at the Findings on page 3 and Purpose Statements page 4.
Rapport stated what Councilmember Landis is suggesting is different than a total ban.
The range of issues is different. The health justification is not enough. Banning does not
promote diversity; a mix of local and non local businesses in needed.
City Council requests a better definition of Formula Fast Food.
Linda Helland stated many communities have restricted formula fast food and currently
many fast food chains are within the City limits. Helland provided a list of
findings/preamble for this section of the code, Attachment 2.
Mayor Rodin asked Commissioner Helland if she thought City Council could ban formula
fast food based on the current imbalance. Helland said yes and the General Plan also
offers support to a ban. Rapport stated facts need to be submitted to Council for the
record that are unique to Ukiah. Rodin thought Public Health may have some of these
counts. Helland said the study looks at fast food and not just formula fast food.
Mayor Rodin agrees with Councilmember Landis on signs and store front widths.
Director Stump summarized what he heard City Council recommend, to retain and
promote one-of-a-kind, unique business and restaurants.
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Mayor Rodin and Councilmembers Landis and Thomas like second purpose statement
on page 4.
Director Stump said using purpose statement two, staff will prepare findings to support
the approach recommended by Mayor Rodin and Councilmember Thomas (a ban on
formula fast food), and will return to Council.
Regarding the definition of formula fast food, modify A, remove inexpensive, remove
quickly made, and define low nutritional value.
Mayor Rodin does not support banning healthy fast food.
Robert Axt suggested removing the commas in the description making it one statement
instead of three. Inexpensive should not be a qualification.
City Manager asked if staff could proceed to CEQA process. Stump said yes and will
work closely with City Attorney Rapport. City Council supports keeping c and b of
definision.
8. NEW BUSINESS
a. Consideration And Possible Approval Of Letter Addressing Revisions To
Participation Agreement With Ukiah Valley Sanitation District Discussed By Ad
Hoc Committees Of City And District
Adjourn to closed session 8:15 pm
9. CLOSED SESSION- Closed Session may be held at any time during the meeting a. Conference with Legal Counsel -Existing Litigation
(Subdivision (a) of Gov't Code Section 54956.9)
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution
under Participation Agreement)
Reconvened in Open Session with no reportable action 9:15 pm.
10. ADJOURNMENT There being no further business, the meeting adjourned at 9:15 pm.
_____________________________
JoAnne M. Currie, City Clerk
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Ukiah Valley Conference Center, Chenin Blanc Room
200 S. School Street
Ukiah, CA 95482
August 22, 2012
4:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Special Meeting on August 22, 2012, the notice for which being legally
noticed on August 14, 2012. Mayor Landis called the meeting to order at 4:02 pm. Roll was taken
with the following Councilmembers present: Thomas, Rodin, Baldwin, and Mayor Landis.
Councilmembers absent: Crane. Staff Present: City Manager Chambers, and City Clerk Brown.
2. UNFINISHED BUSINESS
a. 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 6, 2012, And Requesting Mendocino County To Take
All Steps Required To Remove The General Municipal Election From The Consolidated
Election Scheduled For That Date.
Mayor Landis introduced the item.
Public Comment: None
M/S Baldwin/Thomas to adopt the Resolution cancelling the Election. Motion carried with the
following roll call votes: AYES; Thomas, Baldwin, and Mayor Landis. NOES; None. ABSTAIN;
Rodin. ABSENT; Crane.
M/S Baldwin/Thomas to appoint the incumbents, Councilmembers Rodin and Crane, and
Treasurer Allen Carter. Motion carried with the following roll call votes: AYES; Thomas, Baldwin,
and Mayor Landis. NOES; None. ABSTAIN; Rodin. ABSENT; Crane.
4. PUBLIC COMMENT
5. ADJOURNMENT
There being no further business, the meeting adjourned at 4:06 pm.
__________________________
Linda C. Brown, City Clerk
Recommended Action(s): Receive report
Alternative Council Option(s): N/A
Citizens advised: N/A
Requested by: Tim Eriksen, Director of Public Works/City Engineer
Prepared by: Jarod Thiele, Public Works Administration
Coordinated with: Jane Chambers, City Manager; Jim Ronco, Chair, Ukiah Valley Sanitation District
Attachments:
Approved: ___________________________
Jane Chambers, City Manager
ITEM NO.:
MEETING DATE:
7f
September 5, 2012
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION OF PURCHASE FOR EMERGENCY RENTAL AND INSTALLATION OF
A TEMPORARY IRRIGATION SYSTEM FOR 3495 TAYLOR DRIVE IN THE AMOUNT
OF $29,749.14 FROM RAIN FOR RENT.
Background: On June 28, 2012 City staff met with the State Regional Water Quality Control Board
(SRWCB) to discuss the critical nature of the percolation ponds. At that time, there was limited free board
room left in the ponds, only approximately ¼ of a foot. As discharge season ended May 15th, staff felt there
was a great potential for overflow of the ponds. SRWCB staff suggested the City submit a request for a one
time emergency discharge to land from the Ukiah Waste Water Treatment Plant (WWTP). City staff
prepared and submitted the request along with an operations plan and map indicating where the discharge
would occur. Fortunately the city owned property adjacent to the WWTP was vacant at that time. In efforts
to discharge quickly, Rain for Rent was contracted for the rental and installation of a feed line from the
chlorine contact basin to connect to the header pipe as well as the installation of laterals, risers and
sprinkler heads.
Discussion: On July 12, 2012, the City received a letter from the SRWCB which acknowledged the critical
nature of the percolation ponds and understood the City’s need to take action in order to avoid an overflow
of secondary effluent and potential damages to the percolation ponds, and approving the City’s request
provided the City complies with the recommendation set forth in the original request and continues to make
efforts toward completing a reclamation system, and the submission of a Report of Waste Discharge for a
Master Reclamation Permit. City staff has discussed this project with the Board Chair of the Ukiah Valley
Sanitation District. They concurred with the City’s plan and agreed to share the cost from the Capital
Projects Fund 614.
Fiscal Impact:
X Budgeted FY 12/13 New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested
$15,750 Sewer Capital Projects 614 614.3510.810.003
$14,250 Sewer Capital Projects 614 614.3510.811.003
ATTACHMENT 1 1
2
RESOLUTION OF THE CITY COUNCIL APPROVING THE UKIAH VALLEY 3
MEDICAL CENTER PERMANENT HELIPORT RELOCATION AND 4
TEMPORARY HELIPORT MITIGATED NEGATIVE DECLARATION AND TO 5
APPROVE THE RELOCATION OF THE PERMANENT HELIPORT AND 6
CONSTRUCTION AND OPERATION OF A TEMPORARY HELIPORT 7
8
9
WHEREAS: 10
11
1. The City Council adopted a Mitigated Negative Declaration and approved a Use 12
Permit (Resolution 97-37) to allow the Ukiah Valley Medical Center to construct and 13
operate a heliport at 275 Hospital Drive; and 14
15
2. The Ukiah Valley Medical Center has applied for Planning Commission approval of a 16
Use Permit and Site Development to allow 1) the construction of an expansion to the 17
Emergency Department, relocate the ground level heliport to the roof of the 18
expansion, parking and landscaping, and associated improvements at 275 Hospital 19
Drive 2) the construction of a temporary heliport at the northeast corner of Hospital 20
Drive/Hamilton Street which would be replaced by a permanent parking lot; and 3) 21
temporary parking and construction staging at the northwest corner of Hospital 22
Drive/Hamilton Street (File No. 11-11-UP-SDP-PC-CC); and 23
24
3. The Caltrans Division of Aeronautics and the FAA require City Council approval of 25
the relocated permanent heliport and temporary heliport in the form of a resolution; 26
and 27
28
4. The Mendocino County Airport Land Use Commission (ALUC) reviewed the 29
relocation of the permanent heliport on April 18, 2012 and voted unanimously (5-0) to 30
find the Ukiah Valley Medical Center heliport consistent with the Mendocino County 31
Airport Comprehensive Land Use Plan (ACLUP), provided the owner/operator 32
complies fully with the conditions required by the FAA, Caltrans Division of 33
Aeronautics, and the operational parameters submitted to the ALUC and City of 34
Ukiah and the ALUC did not review the temporary heliport since the ALUC does not 35
have review authority of the temporary heliport; 36
37
5. The City of Ukiah as lead agency prepared an Initial Environmental Study and a 38
Mitigated Negative Declaration dated June, 2012 for the Ukiah Valley Medical Center 39
Use Permit and Site Development Permit which included the relocation of the 40
permanent heliport to the roof of the expansion and the temporary heliport at the 41
northeast corner of Hospital Drive/Hamilton Street; and 42
43
6. The Initial Environmental Study was submitted to the State Clearinghouse and 44
circulated to appropriate responsible agencies and no comments have been received 45
from these agencies; 46
47
7. The Initial Environmental Study identified the potential for air quality, biological 48
resources, cultural resources, hazards/hazardous materials, noise, and 49
traffic/circulation impacts related to the permanent and temporary heliport; and 50
1
8. Mitigation measures were identified that would reduce the impacts related to the 2
permanent and temporary heliports to less than significant levels and the mitigation 3
measures have been agreed to by the Ukiah Valley Medical Center; and 4
5
9. The Planning Commission held a public hearing on August 22, 2012 to review the 6
Mitigated Negative Declaration, Use Permit and Site Development Permit, including 7
the relocated permanent heliport and temporary heliport; 8
9
10. At the August 22, 2012 meeting, the Planning Commission voted unanimously (5-0) 10
to adopt the Mitigated Negative Declaration, voted unanimously (5-0) to approve the 11
Use Permit and Site Development Permit, and voted unanimously (5-0) to 12
recommend City Council approve the relocated permanent heliport and temporary 13
heliport; 14
15
11. The Initial Environmental Study and Mitigated Negative Declaration, Planning 16
Commission Reports, Project application, and record of proceedings of the decision 17
for Ukiah Valley Medical Center Use Permit and Site Development Permit are 18
available for public review at the City of Ukiah Planning Department, Ukiah Civic 19
Center, 300 Seminary Avenue, Ukiah, CA. 20
21
22
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah 23
approved the relocated permanent heliport and temporary heliport based on the findings 24
and subject to the conditions of approval below: 25
26
FINDINGS: 27
28
1. The Project conforms to all applicable General Plan goals and policies, and 29
with the use and development standards that are applicable to the 30
development and operation of a heliport in the C-2 District, including 31
permitted uses, building areas, yard areas and setbacks; 32
33
2. The Project causes no significant adverse environmental impacts that would 34
not be mitigated to a level of insignificance with the adoption of the Mitigation 35
Measures included in the Mitigated Negative Declaration for the Project which 36
have been agreed to by the Ukiah Valley Medical Center and are also 37
included as conditions of approval; and 38
39
3. This approval will not, as conditioned, materially affect the health, safety, or 40
general welfare of persons residing in the neighborhood or be detrimental to 41
property or improvements on or around the site or be harmful to the general 42
welfare of the City since the development of the relocated permanent heliport 43
and temporary heliport would provide for a more efficient and safer level of 44
emergency flight service than the existing ground level heliport based on the 45
following: 46
47
A. UVMC has an existing ground level heliport which would be relocated to 48
the roof of the Emergency Department expansion. The center of the 49
rooftop heliport would be approximately 45 feet southeast of the existing 50
ground level heliport. The relocation of the heliport does not create a new 51
noise source and may reduce the noise level in the area by moving the 1
heliport to the roof. The relocated heliport is anticipated to have the same 2
number of operations and distribution of flights as the existing permanent 3
heliport. 4
5
B. The relocated heliport would be in a similar location to the existing ground 6
level heliport and, therefore, would not increase noise exposure for 7
residents on Clara Avenue. 8
9
C. The relocated heliport would remove the heliport from potential conflicts 10
with pedestrians and vehicles since it would relocate the heliport from the 11
lawn in front of the emergency department that is in proximity to 12
driveways and the public sidewalk. 13
14
D. The temporary heliport would not result in a new noise source, but would 15
temporarily (during construction of the permanent heliport which may last 16
up to 24 months) relocate the heliport closer to residences on Clara 17
Avenue. The noise from the temporary heliport is short-term (the length 18
of time it takes to land, unload the patient, and depart), periodic (occurs 19
only when there are emergency medical flights), and temporary (use of 20
this heliport would cease once the permanent heliport is operational). 21
22
E. The establishment of the temporary heliport would allow the Ukiah Valley 23
Medical Center to continue providing emergency medical flight services 24
during construction of the Emergency Department expansion and rooftop 25
heliport, Use of the temporary heliport would cease once construction of 26
the Emergency Department, rooftop heliport and associated 27
improvements were completed. 28
29
30
CONDITIONS OF APPROVAL: The following conditions of Project approval shall be 31
made a permanent part of the Project, shall be included as conditions of approval for 32
Use Permit file no.:11-11-UP, shall remain in force regardless of property ownership, 33
and shall be implemented in order for the approval of the relocated permanent 34
heliport and temporary heliport to remain valid. 35
36
1. All use, construction, or occupancy shall comply with the Use Permit and Site 37
Development approved by Planning Commission for application file no.: 11-11 38
and this resolution, including the approved plans, and any supporting documents 39
or reports. 40
41
2. Construction shall comply with the permanent heliport and temporary heliport 42
plans and any supporting documents or reports submitted by the applicant and 43
approved as part of this resolution. 44
45
3. The applicant is required to obtain any approval which is required by law. 46
47
4. Heliport use shall be limited to emergency flights only. 48
49
5. Heliport operations shall only be conducted in compliance with Visible Flight 1
Rules (VFR) conditions as defined for helicopter use by the Federal Aviation 2
Administration. 3
4
6. All pilots shall comply with the “good neighbor” procedures established by the 5
Ukiah Valley Medical Center when conducting emergency takeoffs and landings 6
which are based on the Helicopter Association International “Fly Neighborly 7
Guide”. 8
9
7. A Letter of Agreement shall be signed by the operators of emergency flight 10
helicopters to ensure that all operators are aware of the site design and standard 11
operation procedures for the heliport and the UVMC “good neighbor” policy. This 12
letter shall include a description of the heliport facilities, its aerial approach and 13
departure paths and specific procedures for their use; requirements that 14
helicopters not interfere with air traffic patterns for the Ukiah Municipal Airport 15
and that pilots monitor the airport’s traffic advisory frequency; agreement by 16
heliport users to follow these procedures; and a description of the measures that 17
UVMC would use to maintain heliport facilities. 18
19
8. A manual defining helipad procedures shall be prepared to ensure that UVMC 20
staff is trained to properly use and maintain the heliport facilities. This manual 21
shall include, but not be limited to, the following procedures: methods and 22
terminology for communicating with helicopter flight crews; operational 23
procedures of heliport lights and equipment; safety requirements for persons 24
working on heliport facilities during approach, landing, or departure of 25
helicopters; emergency procedures for helicopter accidents or crashes; the 26
transport of patients to and from the temporary heliport; and the maintenance of 27
heliport equipment and facilities. 28
29
9. A Maintenance and Dust Prevention Plan for the temporary heliport shall be 30
prepared that includes, but is not limited to, the disturbed area being reseeded 31
and stabilized to provide adequate dust prevention; mowing of seeded area; and 32
cleanup of any litter or debris. The Maintenance and Dust Prevention Plan shall 33
be submitted as part of the building permit plans for the temporary heliport and is 34
subject to staff review and approval. From the Planning Commission 35
36
10. Prior to building permit final for the site improvements at 275 Hospital Drive, a 37
deed notice shall be recorded to advise persons that the property is located in 38
proximity to the Ukiah Municipal Airport in the B2 (extended approach/departure) 39
infill compatibility zone, is subject to occasional aircraft overflight, and may be 40
subject to aircraft noise or related disturbances. Prior to recordation of the deed 41
notice, the draft language for the notice shall be provided to the Planning 42
Department for review and approval. 43
44
11. Prior to issuance of a building permit for the site improvements required for the 45
temporary heliport at the northeast corner of Hospital Drive/Hamilton Street (APN 46
002-160-10), written authorization from the owner of the Home Depot parcel shall 47
be provided to the Planning Department that demonstrates that the 48
improvements to the site required by the Caltrans Division of Aeronautics and/or 49
FAA have been allowed by the owner. 50
51
12. All improvements required by the Caltrans Division of Aeronautics and/or FAA 1
shall be completed prior to commencement of operations at the temporary 2
heliport and written documentation of the authorization shall be provided to the 3
Planning Department. 4
5
13. Once the permanent heliport at 275 Hospital Drive is operational, all operations 6
at the temporary heliport at the northeast corner of Hospital Drive/Hamilton Street 7
(APN 002-160-10) shall cease and shall not be reestablished. 8
9
14. If site preparation and tree removal/trimming include the spring bird nesting season 10
(February through July), a preconstruction survey shall be conducted by a qualified 11
professional within two weeks prior to removing/trimming any trees. If active nests 12
(with eggs or living young) are found, no activity shall be permitted that might 13
disturb or remove the active nests until the young birds are able to leave the nest 14
and forage on their own. Empty nests may be removed. If eggs or young are 15
present, the nests shall be left until the young birds leave. Setback buffers for the 16
nests will vary depending on the species affected and the location of the nest. 17
Buffer zones shall be determined on a case by case basis in consultation with a 18
California Department of Fish and Game biologist. Biological Resources Mitigation 19
Measure 20
21
15. If, during site preparation or construction activities, any historic or prehistoric 22
cultural resources are unearthed and discovered, all work shall immediately be 23
halted, and the City shall be notified of the discovery. The applicant shall be 24
required to fund the hiring of a qualified professional archaeologist to perform a 25
field reconnaissance and to develop a precise mitigation program if deemed 26
necessary. Cultural Resources Mitigation Measure 27
28
16. If human remains are encountered during construction excavation and grading 29
activities, State Health and Safety Code Section 7050.5 requires that no further 30
disturbance shall occur until the County Coroner has made the necessary 31
findings as to the origin and disposition pursuant to PRC Section 5097.98. If the 32
remains are determined to be of Native American Descent, the coroner has 24 33
hours to notify the Native American Heritage Commission (NAHC). The NAHC 34
will then identify the person(s) thought to be the Most Likely descendent, who will 35
help determine what course of action should be taken in dealing with the 36
remains. Cultural Resources Mitigation Measure 37
38
17. Construction activities shall be conducted with adequate dust suppression 39
methods, including watering during grading and construction activities to limit the 40
generation of fugitive dust or other methods approved by the Mendocino County 41
Air Quality Management District. Prior to initiating soil removing activities for 42
construction purposes, the applicant shall pre-wet affected areas with at least 0.5 43
gallons of water per square yard of ground area to control dust. Air Quality 44
Mitigation Measure 45
46
18. The burning of construction debris is prohibited. Any disposal of vegetation 47
removed as a result of site preparation shall be lawfully disposed of, preferably 48
by chipping and composting, or as authorized by the Mendocino County Air 49
Quality Management District. Air Quality Mitigation Measure 50
51
1
19. During construction activities, the applicant/owner/contractor shall remove daily 2
accumulation of mud and dirt on paved access lanes that serve the project site. 3
Air Quality Mitigation Measure 4
5
20. Any stationary on-site internal combustion engines over 50 horsepower (i.e. 6
generators) may require a permit from the MCAQMD depending upon fuel source 7
and level of operation. It is the responsibility of the applicant/contractor to 8
contact the District regarding this matter and to secure any required permits prior 9
to site preparation and construction activities. Air Quality Mitigation Measure 10
11
21. All activities involving site preparation, excavation, filling, and construction of the 12
Project shall institute a practice of routinely watering exposed soil to control dust, 13
particularly during windy days. Air Quality Mitigation Measure 14
15
22. All inactive soil piles on the project site shall be completely covered at all times to 16
control fugitive dust. Air Quality Mitigation Measure 17
18
23. All activities involving site preparation, excavation, filling, grading, and actual 19
construction shall include a program of washing off trucks leaving the 20
construction site to control the transport of mud and dust onto public streets. Air 21
Quality Mitigation Measure 22
23
24. Low emission mobile construction equipment, such as tractors, scrapers, and 24
bulldozers shall be used for earth moving operations. Air Quality Mitigation 25
Measure 26
27
25. Construction hours are limited to Monday through Friday from 7:00 a.m. to 6:00 28
p.m. and from 9:00 a.m. to 4 p.m. on Saturday. Construction hours are prohibited 29
on Sunday and all holidays recognized by the City of Ukiah. Interior work that 30
generates negligible or no noise at the property line is allowed outside of the 31
construction hours noted above. Construction Noise Mitigation Measure 32
33
26. Signs shall be posted at the Project site prior to commencement of construction 34
of the proposed Project for the purpose of informing all 35
contractors/subcontractors, their employees, agents, material haulers, and all 36
other persons at the construction site(s) of the basic requirements of mitigation 37
measures for Noise. Construction Noise Mitigation Measure 38
39
27. Signs shall be posted at the construction sites that include the permitted 40
construction days and hours, day and evening contact number for the job site, 41
and a contact number in the event of problems. Construction Noise Mitigation 42
Measure 43
44
28. An onsite complaint and enforcement manager shall respond to and track 45
complaints and questions related to noise. Construction Noise Mitigation 46
Measure 47
48
29. Equipment and trucks used for proposed Project construction shall use the best 49
available noise control techniques (e.g. improved mufflers, use of intake 50
silencers, ducts, engine enclosures, and acoustically-attenuated shields or 1
shrouds, wherever feasible). Construction Noise Mitigation Measure 2
3
30. Impact tools (e.g. jack hammers, pavement breakers, and rock drills) used for 4
Project construction shall be hydraulically or electrically powered wherever 5
possible to avoid noise associated with compressed air exhaust from 6
pneumatically powered tools. Construction Noise Mitigation Measure 7
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31. Stationary construction noise sources shall be located as far from sensitive 9
receptors as possible and they shall be muffled. Construction Noise Mitigation 10
Measure 11
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32. No outside amplified sources (e.g. stereo “boom boxes”) shall be used on site 13
during Project construction. Construction Noise Mitigation Measure 14
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33. The Applicant shall comply with the following requirements from the Caltrans 16
Division of Aeronautics for the temporary heliport. Hazards/Hazardous materials 17
and Traffic/Circulation Mitigation Measure 18
19
In accordance with IAW FAA AC 150/5390-2B, Heliport Design, Chapter 4, 20
Section 402(c) the portion of the asphalt abutting the adjoining edges should 21
be continuous with the Touchdown and Lift-off area (TLOF) and the adjoining 22
edges should be at the same elevation and slope away from the heliport. 23
24
IAW FAA part 77.23 operations must ensure no vehicles are in the 25
approach/departures, primary, or transitional surface and remain clear of the 26
defined safety area during helicopter landing and departure operations. 27
28
The Temporary Heliport Plans dated March 2012 must still be adhered to 29
which requires the cutting of trees in the approach path east of the heliport 30
and obstruction lighting on parking lot lights where designated on the 31
Temporary Heliport Plan. 32
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34. The applicant shall obtain all required permits and approvals (including those 34
required from Caltrans Division of Aeronautics and the FAA). Prior to operation 35
of the temporary heliport, the applicant shall provide a copy of all required 36
permit(s)/approval(s) to the City of Ukiah Planning Department. . 37
Hazards/Hazardous materials and Traffic/Circulation Mitigation Measure 38
39
35. The applicant shall obtain all required permits and approvals (including those 40
required from the Caltrans Division of Aeronautics and the FAA). Prior to 41
operation of the permanent heliport, the applicant shall provide a copy of all 42
required permit(s)/approval(s) to the City of Ukiah Planning Department. . 43
Hazards/Hazardous materials and Traffic/Circulation Mitigation Measure 44
45
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Passed and adopted this 5th day of September, 2012 by the following roll call vote: 47
48
AYES: 49
NOES: 50
ABSENT: 51
ABSTAIN: 1
2
3
4
__________________________ 5
Mary Anne Landis, Mayor 6
ATTEST: 7
8
__________________________ 9
Linda Brown, City Clerk 10
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