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1998-05-06 Packet
MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting -April 15, 1998 DRAFT At 6:30 p.m., City Clerk Henderson noted a quorum was not present in order to conduct the regular meeting of Apdl 15, 1998. Clerk Henderson continued and adjourned the meeting, as well as all Public Heatings scheduled therefor, items 8a, 8b and 8c, to Apdl 16, 1998, at 6:30 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Colleen B. Henderson, City Clerk Regular Mee~ng - April 15, 1998 MINUTES OF THE UKIAH CITY COUNCIL Adjourned Regular Meeting. ApHI 16, 1998 An adjourned regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:31 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. Absent: None. Staff present: Public Utilities Director Barnes, Water/Sewer Operations Superintendent Borecky, Airport Manager Bua, Police Sergeant Dewey, Finance Director Elton, Fire Marshal Evans, Risk Manager/Budget Officer Hams, City Manager Horsley, Conference Center Manager Jenney, Public Works Director Kennedy, Associate Planner Lohse, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Fire Engineer Chuck Yates, and Recording Secretary Yoast. 2. Pledae of AIleaiance Mayor Malone led the Pledge of Allegiance. .::. Mayor Malone advised Consent Calendar item 6e will be pulled and CoU~lmen~er Kelly wanted to discuss item 6j. 3. Special Order of Business 3a. Proclamations i. Drinkin_~ Water Week :=iii?' ..?' ":':'::' Mayor Malone read the Proclamation and presented it t~i='~ii~ewer Operations ~'~pedntendent Borecky. Mr. Borecky thanked the Council for recognizing drinking water week and noted that by proclaiming Drinking Water Week the City can raise the awareness in [he community regarding its importance. Last year the City's facilities produced 1.25'billion gallons of water. He advised there will be an informal open house during the entire week and invited IO~,al .school .groups, Council, and staff to tour the facility .... :~.- ..... .. ii. NALC National Food Drive Day ..... i'i?~''' .:! i- ::: '"' "::!i.!!i': :.ii:::! Mayor Malone presented the Proc.,iamation to ==.~evin M'~hy and Byron Boyce of the Ukiah Community Center. Mr. Murphy nOted the need for an emergency food program has steadily ..::i!:: : .:~ '::' ":': ' .... .... ::..: ...: ..... :.:-. iii. Ukiah Volunteers W~H~k' !!? .. Mayor Malone presented .the Proclamation to Diane Marshal. Ms. Marshal thanked the Council. She explained notification regarding this event was sent to over 800 different entities within Mendocino County wfth a return of over 200 nominations from more than 25 agencies. 3b. PresentatiOn i. Calatar Shocl(Trauma Air Rescue Service ::. · :::: ::. City Manager Horeley introduced Rick Lawrence, Director of Operations of Calstar. ..i.: !': Mr. Lawrence explain~ Calstar is a 501(3)(c) non-profit group that wants to operate an a~r ambulance service from the Ukiah Airport. Calstar currently operates three other air ambulance programs. After conqucting a survey, his company determined Ukiah would be an excellent location fora fourth site~ 'Ho'explained the operations and offered to answer any questions the Council might have concerning Calstar. -.. Councilmember Kelly questioned how many flights will be leaving the Airport on a daily basis and expressed concerns relating to noise. Mr. Lawrence noted excessive flights are not necessary for economic survival. They estimate receiving approximately one hundred fifty 9-1-1 transport calls per year. He explained noise should not be a problem as all their pilots are trained in noise abatement tactics and that Calstar will transport a patient anywhere a physician requests. Discussion followed regarding rates. Adjourned Regular Meeting - Apd116, 1998 Page 1 4. AoorovallCorrection of Minutes 4a. Regular Meetino of April 1. 1991~ MIS KellylMastin, to approve the Minutes of the Regular Meeting of April 1, 1998, as submitted, carried by the following roll call vote. AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSENT: None. ABSTAIN: None. 5, RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR Mayor Malone removed item 6e and reagendized it as item 10b. Councilmember Kelly questioned Public Works Director Kennedy regarding item 8J. She asked about the granting of the easement to PG&E. **""" ' "* · .*::i:! ::: ' ' .:!i~ii;i~i~'.':!.. :*:.:..:. Mr, Kennedy advised he spoke with Dave Dauer and Ken JoneS'of the ~'~ section of PG&E They have agreed to upsize the line at no cost to the City or the ~PPlicant. '"~'~iiiii!i.i?ii:/:: :? .: ' MIS Mastin/Kelly to approve the Consent Calendar as.t~i°ws: a. Denied Claims for Damages received from Lynn!~iJ?Che~iier, et al., mr~'~ ~Long, Nadine Rodriguez, Marie Massey, and Kagelini Kabinets, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Approved Report of Disbursements for the Month c. Awarded bid to Advent Office Interiors in the amount of $23,97D:!7, to provide and install Dispatch Furniture and Computer Related Equipment for:~the Communications Center Improvement Project; ...::: :. -: .. d. Rejected bids for Tilt Deck Equipment T,,'~ijer!~:~:i:ili:i:i;: ....... f. Adopted Ordinance No. 1001, Amending Division:9, Chapter 2 (Zoi~ing) of the Ukiah City Code; g. Awarded contract to Fen'anti Construction for the Construction of ADA Curb Ramps, Phase 2, Specification No. 97-17 in the Amount of $27,497.00 and Approved Budget Amendment; h. Authorized Mayor to sign Letters of Support for State ASsembly Bill 2586; I. Authorized City Manager to execute Letter Agreement 98-SNR-98 between the Sierra Nevada Region of the Western Area Power Administration and the City of Ukiah for the Purpose of Western .Providing Firm end Contingent Excess Capacity and Associated Energy to the City of Ukiah; and .:'::'::'~ i'!::!.. ". ::~:~ j. Authorized the execution of a Grant of Easement to the Pacific Gas and Electdc Company for Gas Line Extension. The motion carried by the followiiig .roll Call vote. AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. :NOES: 'None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEM~ Phil Baldwin, 607 WillowAvenue, Ukiah, thanked the majodty of the Council who voted at the last Council Meeting to require owner occupancy for second units in single family residential areas, He also asked the CounciJ to consider the issue of aesthetics in issues of development, especially along ~tate Street. He expressed his concern for the amount of billboards along Highway 101 in the Ukiah V~alley and his .cortcem that commercial advertising is allowed on the banners which are hung over State Street. :::.i.!.:'.. : · Since it was not yet time for the Public Hearings, Council moved consideration to agenda item 10a. 10. NEW BUSINESS 10a. Aooroval of Lease for I~ Portion of the Ukiah Reaional Aimort with Calstar Sho~:',: Trauma Air Rescue Seryi~e, City Manager Horsley advised Calstar is proposing to lease property at the Airport to provide air ambulance services. She introduced Airport Manager Don Bua. Mr. Bua noted Calstar wants to lease the area just north of the driveway, south of the Flight Service Station. The Airport Commission approved this use two meetings ago. The Commission was very happy to have such a needed service available at the Ukiah Airport, as the service will be an Adjourned Regular Meeting - April 16, 1998 Page 2 enhancement of Airport operations. All Airport tenants, with the exception of one, have expressed approval as well. Mayor Malone asked if telstar has plans to upgrade their portable office space in the future. Mr. Bug indicated he did not know of plans for a more permanent facility, but if the City builds a new terminal in the future, Calstar offices could be incorporated into that facility. Discussion followed regarding noise. Mr. Bua noted there will be fewer California Department of Forestry helicopter flights as Calstar will be providing some of those flights and Calstar's helicopters are not as noisy. City Attorney Rapport advised there is one minor change to the Lease on page 4, Section 6.4, in the first line. The second to the last word says 'Lessor," and it should say "Lessee." Phil Baldwin, 607 Willow Avenue, questioned the term of the lease and, if noise is a problem, how soon could the community reconsider the lease. He also asked if the City could control the direction in which an aircraft takes off. · Airport Manager Bug replied the Federal Aeronautics A~istrati~'ii~ntr°ts the flight path of aircraft Historically and typically, helicopters take off mi~field and depart east-bound across the runway, head toward Talmage over the vineyards or orchards, and tHm north or $outh. Mayor Malone noted the term of the lease is for five ye~s, .~ '~::~ City Attorney Rapport advised there is a provision 'ih the lease which does not allow for "nuisances" MIS AshikulMastin to approve the Lease for a Portion of the Ukiah Regional Airport with Calstar Shock Trauma Air Rescue Service, with the revision as noted above by City Attorney Rapport, car'ned by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARING - 7:00 D.rrh Sa. Ado_priori of Resolution Amending the General Plan Land Use Designation for Thre~ Parcels and Introduction of an Ordinance Amendin_a the City_ Zonin- MaD to Rezone Te;, Parcels of Land Along North Oak Street .. The Council began consideration of this item at 7:02 p.m. City Manager Horsley noted fetters were presented to the Council from Frank Shaw Bacik of Rawles, Hinkle, Carter~ Behnke & Ogtesby requesting this item be moved to the May 6, 1998 meeting. "~. :: MIS Mastin/Chavez to continue this PUblic Headng to the May 6, 1998 City Council Meeting, carded by a voice vote of ell AYE. ABSENT: None. ab. introduction of Ordinance Amending Article 20 of Chaoter 2 ~Zoning) of the Ukia), MuniciDal Code Revising the Regulations for Administration and Procedure., senior Planner Stump noted that last October the City Council adopted a new article in the Zoning Code entitled, 'Administration and Procedures.' Since that time, staff has had an opportunity to work With the new Code and has noticed two minor errors that need revision. One would be to improve the definition of a 'minor discretionary permit,' and the other would be to delete the requirement to physically post three notices on subject properties pdor to scheduled Public Hearings. Mayor Malone opened the Public Headng at 7:06 p.m. Phil Baldwin asked if the reason for not posting is because the City does not have enough staff. Planning Director Sawyer responded the City has sufficient staff, but staff does not see any benefit from the posting. Staff does all the noticing that is required by law; posting the property is not required. The Public Headng was closed at 7:09 p.m. Adjourned Regular Meeting - Apd116, 1998 Pege 3 Discussion followed regarding posting the property and it was the consensus of Council that City staff would continue to post the subject property. MIS MalonelMastin to introduce by title the Ordinance, as amended to retain the procedure of posting on subject properties, carded by a voice vote of all AYE. ABSENT: None. Recording Secretary Yoast read the ordinance by title only. MIS Malone/Mastin lo introduce the Ordinance Amending Division 9, Chapter 2 (Zoning), Article 20 of the Ukiah City Code, as amended, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8c. AdoDtion of Resolution Amendin_a Rental Rates for the Ukiah Valley Conference Cente,' City Manager Horeley introduced Conference Center Manager Jenney. The proposed amendments to the rental rates for the Conference Center are being made to more ct~Sely cover the actual costs for various rooms. · ::i::::======================= : Mr. Jenney noted the figures proposed in the Resolution ~ate to ~?i~:~e~nt increase for the Chardonnay, Riesling, and Columbard rooms, which is~3nly a $10 or'$20 increase but should generate $4,000 to $5,000 in increased revenues per yea~, ':'The rates are still .very equitable to the amenities being offered. ~iii?:' ..~i?.i ::"::' Mayor Malone opened the Public Hearing at 7:15 p.m. No one wished to speak to this issue. The Public Hearing was closed at 7:16 p.m. MIS Mastin/Ashiku to adopt Resolution No, 'g8-37, Adjusting Room'Rates for the Ukiah Valley Conference Center- "98", carded by the folloWing roll Call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone,'~ NOES: None. '~ABSTAIN; None. ABSENT: None. 9, UNFINISHED BUSINE~-~ .~': .?:~' :i?~: 9a, AoDroval of Contract wEh 'Solid INaste sy~_~_ems. Inc. for the Construction an,I O~eration of a Solid Wast~ Transfer Station at the Taylor DHve Property and Authoriz~ Mayor to Execute Contract .~:. - City Manager Horsley noted there' has been a great deal of additional information submitted for the Council's consideration since'the agenda packet was issued. This matedal includes operational and site plans for the Taylor Drive property from Solid Waste Systems (SWS), a memo from Deputy City Clerk Giuntoli noting two telephone calls received in favor of the contract, a letter from the Menclocino County Employers Council supporting the contract, SWS rate sheets which show both a 10-year and 20-year amortization rate, a map of the City Sewer Treatment Plant and expansion plans therefor, a fax transmittal from Leonard Stefaneli of Portrero Hills Landfill, and a letter from Richard Shoemaker which notes all his concerns regarding the proposed contract have been addressed The Council took sometime to review the material. City Manager Homley outlined the additional directives Council had given staff at the last Council meeting relative to the contract with SWS at the Taylor Ddve property. The revised contract is proV,:ied for Council's consideration, along with 10-year and 20-year amortization schedules. She summarized the vadous components of the contract as outlined in the staff report, noting input from both Michael Sweeney of the Mendocino Solid Waste Management Authority (MSWMA) and Councilmembers were integrated into the final contract. Mayor Malone questioned the billing procedures and whether or not the City of Ukiah would be charged gate fees. City Manager Homley advised SWS would be keeping a record of everything that comes into the Transfer Station and would provide copies of all those records to the City along with appropriate charges. Adjourned Regular Meeting - Apd116, 1998 Pege 4 City Attorney Rapport reviewed additional changes to the contract, including definitions and clarifications. City Manager Homley noted this contract is almost unrecognizable from the its first-draft stage. She believed all of the concerns have been addressed. Councilmember Mastin questioned the references to MSWMA in the contract. City Attorney Rapport advised he changed the definition of MSWMA in the contract to include MSWMA or any other jurisdiction or agency that was providing MSWMA-type functions at the time. Councilmember Mastin questioned relative to Item No. 2 of the staff report, if the City went with this contract and switched to rail in year six, what would the starting point for the tipping be at that time? City Manager Homley advised all the components for construction, transport, and operation would start at 50 percent of the CPI truck rate. The only negotiable item would be the rail transport and that would be based on different circumstances at that time. ~!~. City Attorney Rapport advised the rail transport componem, is fixed"i~i~'!'!t:he:":~hibit and we are guaranteed it would be no more than the 75 percent of the.~ for the~'~'~Years, It could be less, ;:::::::::::::: ' ' ..~:!:.::: ::: ::;.::: ;. ::. :i:: :. but could not be more. =~!!?~!~!!:? .... Councilmember Mastin questioned the title to waste ~ the liabt~ issue for the Ci~ once the waste goes to the Transfer Station and then on to the Landfill, City Attorney Rapport advised the City's liability would most'likely adse under the Environmental Quality Act, which imposes liability on any generator, transporte!:, or disposer of hazardous or toxic substances. · It was noted that it would be beneficial to get indemnification from tl~e Landfill to which our refuse is being hauled. Discussion followed relative to the meanfng of hazardous waste, and the added process for scrutinizing the waste at the Transfer Station before it arrives at the Landfill, which somewhat reduces the risk. .::'i' .:~iill ........ ..:.: :: .. :-::. -.:::. Councilmember Mastin questioned whether 9~'days is :t~ng enough to pursue a Iow interest construction loan. : ... City Manager Homley noted the information they received was stdctly concerning the possible fees, the bond counsel, the eligibility, and that ar!. application could be submitted. City Attorney Rapport noted one of Mike Sween ey's comments also was that 90 days seemed too short. It will take a year to do"the permitting and a year would not be an unreasonable amount of time in which to obtain a construction loan. .. Further discussion'follOWed n~garding..handling of hazardous waste. If any hazardous waste were found, it Will be placed in a tocker until MSWMA could pick it up to take it to its storage facility. ... Mayor Malone opened the discussion up to the public. David Gavrich, President of Waste Solutions Group, explained Waste Solutions Group is one of the largest and most experienced waste-by-rail companies in the United States. He has submitted a '..proposal to the City Council outlining the work of his company and their partners, Portrero Hills Landfill, NWPacific Railroad, and Roadrailer Transport Systems. He outlined his proposal and why he believes mil is superior to truck haul. Additionally, he distributed a copy of a letter from Gary Milliman expressing his support. The Council asked Mr. Gavdch for clarification on several items in his proposal as well as with Waste Solutions Group's contract with Humboldt County. Discussion followed regarding the timeframe involved for acquiring the necessary permits. Mr. Gavrich advised that Humboldt County is going to build and operate its own facility. Al Bianchi, Legal Counsel to SWS, 1000 Fourth Street, San Rafael, thanked staff for its diligent work in producing the document before Council. He noted the fairness and logic involved in the negotiations. Now that the terms of the proposed contract have been made public, he asked the Adjourned Regular Mee~ng - Apd116, 1998 Page 5 Council not to 'shop the deal.' SWS is prepared to continue to work with Waste Solutions Group towards a rail service contract. John Warren, Accountant for SWS, explained that the Council has to decide at this point whether they want to haul by truck through SWS or Roadrailer with Waste Solutions Group. He presented a comparison between the proposed SWS contract and the Waste Solutions Group proposal. City Manager Homley noted that it was the Council's directive to have the waste transported by rail in five years. Mr. Gavrich responded to some of the comments and figures offered by Mr. Warren. Pat McAIlister, 87 Malaga Court, addressed comments in a recent editorial in the Ukiah Daily Journal. He felt the Council should approve the contract as presented. Robert Wright, 67 Bonita Place, Ukiah, congratulated the Council, Mr. Salyers, and SWS on an excellent contract. ,:~ii*!: ! i. ..::i¥::~ David Nelson, North Coast Railroad Authority Board of Directors, Hazel~:~nU;:,'Ukiah stated the City has a good truck haul contract, but preferred the Council direCt staff to work with Waste Solutions Group towards a rail haul contract. ...... .:..: Peter Chevalier, 3551 Taylor Drive, Ukiah, is a resident ~:'~he area Jn which th~:~transfer statiOn will be located. He was opposed to th e project due to it increasing the traffic congestion already in the area and concern for the residents of the labor camp, inClUding many children. City Manager Homley explained the permitting process :~':{~ Cmatlty of Mendocino will address these concerns and encouraged Mr. Chevalier to work through'that process. Al Beltrami Mendocino County Employers COUncil (MCEC), ::strongly supports the staff recommendation regarding the proposed location and contract for the Transfer Station. MCEC believes the agreement is in the best interests of the citizens. .:::: ':.i:.:: ... '. Michael Dalbar, Mendocino County Supervisor, spoke to the Waste Solutions Group proposal. He did not believe Waste Solutions G~oups had aH agreement with Humboldt County for the rail transportation of Humboldt's wasle; ::He questioned the :ability of the Roadrailer system to haul waste. The Council and Board Of SupervisOrs have a duty to secure the lowest rates and most dependable service for our (;x)mmunity. He supported the proposed SWS contract. ...::i?'.. ~:~.~.! :.~: ...... In response to a question :~m Councilmeml~er Mastin, City Attorney Rapport advised the Council that it was not necessary to 13~ this type of contract out to bid. He could not imagine stopping the negotiations with SWS, as SWS could well pull its offer from the table. The Council has made several decisions and directed staff to negotiate with SWS. If, at this point, staff were directed to negotiate with another company a qUestion of good faith negotiations would arise. He advised, if the Counm't did not want to complete the started negotiations with SWS, it should reject this proposal and formally go out to bid on a new contract. DisCUssion followed relieve lo the timeframe required if the process were to go out to bid. If the formal bid process were 'Pursued, it would take three months or longer to have a final contract. .?: Mayer Malone closedthe Public Hearing at 9:30 p.m, C~..=: Manager distributed a copy of the Humboldt CountyM/aste Management Group agreement. ..: RECESSED: 9:32 p.m. RECONVENED: 9:3~ Mayor Malone commented that the Humboldt County/Waste Management Group did make a motion to accept their Executive Committee's recommendation to awa~ the Transfer Station Transportation and Landfill Disposal Services to ECDC. Councilmember Kelly added it was a unanimous vote of their JPA. Councilmember Ashiku noted staff did a fine job complying with what the Council directed and incorporating necessary changes into the agreement. He felt the citizens' interests are protected and well served. He felt the transportation component of the contract could be addressed in five years' time and that it was now necessary to proceed with the contract at hand. Adjourned Regular Meeting -Apd116, 1998 Page 6 Councilmember Kelly expressed her concerns for not having eady and adequate comparative figures for truck and rail haul options. There was lengthy discussion among the Councilmembers regarding various aspects of the proposed contract and the advantages and disadvantages of not entedng into a contract at this time, the ethics involved in doing so, and what contractual obligations might apply. Councilmember Kelly noted she does not feel the City has explored all the options. Councilmember Ashiku noted the only issue to decide is whether there are assurances in the contract that will allow the City to execute a rail option in the future. He called for the question. Discussion continued regarding the proposal and the proposed contract before the Council. Councilmember Chavez noted if rail haul is competitive five years from now, she would be supportive, but dght now she cannot justify the additional cost. ..: :.:::.. Mayor Malone stated his desire to have the railroad succeed and felt t~'it ev~ally would. He fc~tn Irh;c, Par~Pn~S~tdiaTe~ltract was well scrutinized and that ,he...=~unci, s....~,cl: ~!0w proceed with the MIS AshikulM:stin to approve the contract with Solid W~:ie SystemS:!~:~ and dis osal of th . ~.:::..: . .... .. .... struction, operation, P · waste and operabon of the Transfer Stahon-;:'and direCt staff to continue negotiations on the rail component, with the contract amended to Change 90 days to 12 months to begin construction, d~ed when Councilmember Ashiku ~hd~ihjs motion. MIS Ashiku/Masfin to approve the contract with Solid Waste~i!~~ for construction and operation of the Solid Waste Transfer Station at Taylor Ddve. changing gO days to *~12 months to receive the Iow interest loan for construction, carded by the following roll call*vote: AYES: Councilmembers Chavez, Ashiku, Mastin, and Mayor Malone. NOES: Councilmember Kelly. ABSTAIN: None. ABSENT: None. .. Councilmember Ashiku told Waste Solutions Group that he appreciated their efforts in this process and hoped they would work with SWS to come up With an ~ventual rail option. City Manager Horsley advised SWS that the~otion woi~ld allow them to begin their permitting ~ ':.:.:;:. -:.¥.: d Associate :Planner Lohse explained staff received a letter from Michael Hunter, 208 Standley Avenue, in opposition to the street name change based on the inconvenience of having to reprint all his business correspondence with the new address. He noted the issue is one of comparing the cost of business correspondence versus the public safety aspect of this proposal. :..:. : Discussion followed reg~ding the process of changing an address. .:[i City Manager Homley :!advised there are several situations around Ukiah that have the same problem. Mr.'Lohse added.that this change would provide the same street name consistency that is required fOr r~ewty established streets to not allow duplicate street names (Section 8086 of the Municipal Code). Fire Engineer Yates noted that he contacted all the neighbors and found no opposition. Mr. Hunter's wife agreed with the change at that time. It was noted that Standley Avenue was chosen as the first street for a name change in response to concerns expressed by persons living in the neighborhood when Fire Department personnel were looking at the foothills during their weed abatement program. M/S Kelly/Malone to adopt Resolution No. 98-38, Changing the Street Name of Standley Avenue to Standley Street, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Adjourned Regular Meeting - April 16, 1998 Page 7 11. CITY COUNCIL REPORT~ Councilmember Chavez reported that on Tuesday, Apdl 21, at 7:30 p.m., at the Grace Hudson Museum meeting room, Father Boyle will be giving an address on gang prevention. Councilmember Ashiku stated he lost a lot of sleep over the garbage contract. It has been difficult on staff and although the vote was not unanimous, he appreciated everyone's input. Councilmember Kelly reported the School Distdct is going to reconstitute a new site planning committee for the proposed new school. The Distdct is requesting that she be on the committee, as well as a member of the Planning Commission. It was the consensus of the Council that Judy Pruden and Kristy Kelly would represent the City on the school site planning committee. Discussion followed relative to car pooling to the Redwood Empire Division of the League of California Cities quarterly meeting in Fort Bragg on April 18, 1998. "~:~'~ Councilmember Kelly further reported she attended a Ukiah Valle,, Cult~i meeting. Mr. Monahan gave his report. That group will be ~ngXa 2:00 p.m. until 9:00 p.m., to incorporate suggestions from ~i'!ii~'~'r~ahan,s.:i~,a~:to start moving ahead with fundraising plans. She also noted the Grace H~$on Muse~:i'f~ o~:ing:a new basketry exhibit through the auspices of the University of Penn~ania. S~:'noted tl;~ii6~:)elihg:reception would be on Saturday, May 16, 1998, from 12 noon to 4.ip~m .... :?:ii? .... ~Cou_ ~n~,l~m~..mber Mast!n st.a}e, d .his .an.ger at the proces$'::~!~.il went through relative to the ,,_~.n_s_~e_r ~tL~o_n.~conzracl uno ms trustrat,on that the two .,ge'n~ ~)/O!ved did not show good faith Mayor Malone reported he had a good vacation..He':*~i'i~SCouncilrr~mberMastin did that the two companies did not deal fairly with each other regarcling ~egotiations fox,the Transfer Station. 12. CITY MANAGER/DIRECTOR REPORT~ .:./:iii? ::~*ii:i.~i ~:. ! :!i'i?'-:!'? -:~ · ~::: .... City Manager Horsley noted staff put'in, reqUe;; to NC~'to consider pollution cieanup for the Perkins Street depot; yestenday it was approved. :Cleanup ~the Ukiah site has advanced in priority. · :?;: .; ' .: Councilmember Maatin advised he will getlhe teleph~ne number of the man who is in charge of .:':" "* .:~.:*.L* the cleanup. ..::.:ii? -~' '::~::::i:?: .... ii:i; .... City Manager Homley furt~m' advised that Councilmember Kelly asked if staff would bring forward some proposals that it feels are..workabte for the site. Those proposals will be forthcoming soon. ..... ..:: :. :-.. Discussion followed relative to SoUthern Pacific owning all the land at the depot site except for the surface easement on the east side oflhe property. City Manager Horsley noted she was in contact with the person who gave the Drugs and Family Seminar in Lake County. i'iShe has ascertained the cost of doing a seminar and will include that cost in next year's budget. : ..... :.?: :'i;i!:" * ' "::* "/3: C;LOSED SESSI6~ :.:.::.:.:,.... ::::::::, ·. -????::: -.:..:: .... ::::?:i:! .... :¥..,.... ~re was ~:'CtOsed Session. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 10:46 p.m. to the Adjourned Regular meeting of Apdl 29, 1998, at 8:15 a.m. Karen Yoast, Recording Secretary Adjourned Regular Meeting - April 16, 1998 Page 8 MINUTES OF THE UKIAH CITY COUNCIL ADJOURNED REGULAR MEETING - April 29, 1998 An Adjourned Regular Meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 8:18 a.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. Staff present at some time throughout the meeting were: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Electric Supervisor Bartolomei, Water/Sewer Operations Superintendent Borecky, Community Services Director DeKnoblough, Finance Director Elton, Customer Service Representative Gooddck, Risk Manager/Budget Officer Harris, City Manager Horsley, Conference Center Manager Jenney, Purchasing Supervisor Kennedy, Public Works Director Kennedy, Public Works Supervisor Looney, Police Administrative Captain McBdde, Fire Operations Chief Sandelin, Public Works Deputy Director Seanor, Accounts Payable Specialist Sechrest, Acting Museum Director Smith-Fen'i, Senior Planner Stump, Accounting Supervisor Thurkow, Police Captain Walker, Community Services Supervisor Weselsky, Police Operations Captain Williams, Senior Civil Engineer Woods, Executive Assistant Yoast, and City Clerk Henderson. ./~. 2, AUDIENCE COMMI~NT~ ON NON-AGENDA ITEMS No one came forward to address the Council at this time. - The matter of item "was moved forward on the agend':to be 4. NEW BUSINESS !:!:i'! ................... i:" 4a. Approval of Letters Regarding t~he Selection of Representative to the section 7 Policy Committee ...... .-. :.: City Manager Horsley noted the Sonoma County Water AgenCy has initiated a memorandum of understanding (MOU) with the United States Army Corps of Engineers (USACE) and the National Marine Fishery Service (NMFS). Through this MOU, the Agency has offered to prepare the biological assessment required by Section 7 of the Endangered Species Act as it relates to Steelhead trout in the Russian River and to work in direct communication with USACE and NMFS on the interpretation of any assessments and possible mitigating measures pertinent'thereto. In this regard, a Public Policy Facilitating Committee is being formed. Three members of this committee were appointed by the Mendocino County Board of Supervisors. ItWould be ir~ the City of Ukiah's best interests that at least one of Mendocino County's.representatiyes to this commitlee be familiar with the City's water and sewer plants requirements as well as thOSe of the City's hydroelectric facility. .!: . Richard Shoemaker, Mendocin° County ~pervisor, explained the background of the MOU anc~ stressed the need for Mendocino County representation which reflects the City's interests. He urged the City to notify the Chairman of the Board of Supervisors accordingly. . There was discussion as to the eVOlution :of the appointment process and the seriousness of the need for the City to make its position known. .... :. MIS Kell¥/Mastin to a~thod, ze the Mayor to submit a request for reconsideration of appointments to the Public Policy Facilitating Committee by and to the appointing body, the Mendocino County Board of Supervisors, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. .; Mayor Malone excused himself from the Meeting for a few minutes. Vice Mayor Mastin assumed the Chair. 3. i Soeclal Order of Busine~; - I~ud_aet Goal Settina Workshop 3a. Review pf 1997-98 Accomplishments and 1998-99 Ob!ectives for Various City_ Funotiglls 3a.i. Public W9rks (Engineerina and Administration. Street Maintenance. Comoretiorl Yard, ~i~re_ae. Splid wa;t~ Diaoosal Site1 Public Works Director Kennedy presented an overview of the Public Works Department's accomplishments and objectives. He noted his department will be contracting out much of the design work for engineering projects due to the reductions in his staff the past few years. Among the departmental accomplishments he noted were the 1997 Street Striping Project, Phase II of the ADA Ramp construction project, and sidewalk replacement and storm drain modification projects. Next year's projects will include the completion of construction documents for the rehabilitation of Perkins Street and Orchard Avenue, and traffic signal modification at Low Gap Road and State Street. Customer service continues to be a top pdodty of this department. Adjourned Regular Mee~ng - April 29, 1998 Page 1 Mr. Kennedy answered Council questions regarding vadous City engineering and construction projects. Mayor Malone reassumed the Chair at 8:45 a.m. Councilmember Mastin recommended the City have an accurate 5-year implementation plan for the street rehabilitation program. Mr. Kennedy noted the street rehabilitation software program acts as a reliable tool in projecting when the streets will be in need of rehabilitation. City Manager Horsley noted it is necessary to put funds in reserve in order to propedy facilitate such a revolving rehabilitation program. Discussion ensued regarding vadous street maintenance plans and projects. City Manager Horeley noted the use of herbicide alternatives for weed abatement are being reviewed by a committee. The results of that review are expected to be reported to the Council in June. Mr. Kennedy reported slurry sealing of AC pavement sUrfaces has been completed at the Corporation Yard, as well as underground tank removal, and chain link fence installation. There has been some soil contamination in the area around the diesel tanks. ~.- Mr. Kennedy noted staffing has been reduced at the garage. The one full-time mechanic works primarily on heavy equipment. ... There was discussion of the types of vehicles being serviced :anti the pros and cons of doing repairs in-house versus using pdvate mechanics who may be more adept at.fixing newer vehicles. The cost factor involved in sending vehicles out for repairs was also considered. ... City Manager Horsley mentioned that many of the pUbliC Utility vehicles are serviced privately, the Fire Department does its own repairs in-house, and the Airport and Community Service vehicles are primarily serviced at the City garage. As to the Solid Waste Disposal site Mr, Kennedy projected the Landfill would close in October or November of 1999, with an extension to May of 2000 allowed, if necessary. His department is progressing well with closure and post-closure plans. The City has a 30-year post-closure commitment for monitoring and maintaining the site. 3a.ii. Public Utilities (Electric. Water. Sewerl Electric Supervisor Bartolomei outlined the accomplishments and goals for the Electric Department. He noted the City has met the federal standards for changeover of PCB transformers and his department is on schedule regarding its 5-year plan to replace or recalibrate the electric meters throughout the City, Public Utilities Director Barnes noted commercial meters were replaced in the first phase of the meter replacement program. Commercial meters take longer to replace than residential meters. Water/Sewer Operations Superintendent Borecky noted the video equipment was acquired for sewer main monitoring, a sewer cleaning truck was put into service, and the 40.-year accumulation of biosolids at the.Sewer Treatment Plant have begun to be processed for disposal. Discussion took place as to how to best dispose of the sewer sludge. It may be able to be processed and recycled for use in the vegetative ground cover at the Landfill. Councilmember Ashiku left the meeting at 9:44 a.m. Mr. Borecky noted the repair and maintenance accomplishments and objectives for the water system. RECESSED: 9:53 a.m. RECONVENED: 10:04 a.m. 3a.iii. Community_ Services (Parks, Recreation, Aa_uatics. Sun House/Grace Hudson Museum, Ukiah Valley Conference Centerl Conference Center Manager Jenney noted among his accomplishments an expense to revenues analysis, implementation of banquet and wedding reception pricing, preparation of an information Adjourned Regular Mee~ng - April 29, 1998 Page 2 packet for wedding receptions, and redesign and updating of the marketing package. He plans to complete a list of prospective new clients and implement a local media advertising program in the next fiscal year, 'The client base for the Conference Center is expanding and he would like to see more business tourism in the County. He has been working with the Finance Department to produce clearer accounting procedures which reflect a more accurate picture of the Conference Center's revenues and expenses. He noted the Center is close to breaking even this year, Community Services Director DeKnoblough noted a growing market for wedding receptions at the Conference Center. In the area of parks, Mr. DeKnoblough mentioned Observatory Park is scheduled for construction this fall. He noted the productive neighborhood involvement in the proposed park's design and development phases. Community Services Supervisor Weselsky provided an overview of the Recreation and Aquatics accomplishments and objectives. The Recreation staff has met with recreation service users on how best to serve their needs. She noted Anton Stadium is at maximum use; revenues are not generated from the use of the stadium, but groups volunteer maintenance and rePair services in trade for using the stadium and field. She noted the need for a full time sports coOrdinator and the necessity of raising recreation fees to cover the cost of that.position. ::~:$he noted staff's ongoing efforts to obtain maximum use of the City Swimming Pool..:~-i ..... ~.:~ Mr. DeKnoblough noted he and his staff have met with':*~iah Unified~Ch°ol District personnel regarding the use of City and School Distdct facilities and the' equivalent costs of.trading use of such facilities. .. :.::.. ...... ::: Judy Pruden, 304 S. Hortense, Ukiah, suggested the City offer the use of the swimming pool to the elementary schools for aquatic classes in the fall and spdng. ~'Staff noted such activities are currently in place. ~: ...:~ . · Museum Curator/Acting Director Smith-Ferri mentioned there have'Been three major exhibits this year at the Grace Hudson Museum. The fourth exhibit, Pomo Indian Basket Weavers, Their Baskets and the Art Market. will open on May 16, 1998~ Muse~n promotions this year have included public education programs and educational packets for the use of classroom teachers. The Museum is enjoying the first year of a two-year, $50,000 Institute of Museum and Library Services operating grant ~: 3a.iv. Public Safety !Police. Fire. Parkin0 Dispatch} Police Operations Captain Williams highlighted the. accomplishments of the Police Department, including an update on the relocation of the'Dis~oatch Center, the initiation of the Citizens Police Academy, and the success of the Community Odented Police (COPS) program. Police Administrative Captain McBride noted COPS is a program which puts officers out into the community; it is a mobile program, no matter where it is located. In response to Council questions, Captain Williams replied the bicycle patrol will resume with the spring weather and the Police Department has several bilingual officers, with cultural awareness training always included for new officers. There was a discussion regarding space expansion needs of the department as well as the need to upgrade several of its 'vehicles. Inthe area of Dispatch, the department will be developing a program in conjunction of the California Department of Forestry at Howard Forest and the Mendocino County Sheriff's Office. A Reserve Dispatcher program will also be implemented. Captain McBride noted the Parking Distdct is administered by the Police Department in a close working partnership with the Finance Department. The agreement with Mendocino County for employee parking spaces is in place and talks are proceeding with the Courts for provision of juror parking. The Council will be asking to consider parking meter fee increases in the upcoming year. Judy Pruden noted penny parking meters are outdated and would like to see the parking fees increased. City Manager Horsley noted the City is planning to raise the fees and to have a uniform parking fee schedule throughout the Parking District. AdJourned Regular Mee~ng - Apd129, 1998 Page 3 Fire Operations Chief Sandelin noted his department's accomplishments were consistent with its 1997/98 goals. His primary objective for next year is to complete the drill tower. He will also be replacing some older vehicles. Councilmember Kelly inquired as to the status of the storage shed on the Dora Street side of the Civic Center. She was concerned for the aesthetics of that building as well as any new storage facility to be constructed. Councilmember Mastin inquired of the recent development of properties on the western hills, Chief Sandelin noted any westem hills development is closely monitored by his department and falls within the long-term vegetation management plans for the western hills. 3a.v. Finance (Finance Admini,~tratign, Ccmputer Suppo~ Services. Purchasing. Billing and Collection) Finance Director Elton updated the Council on the computer system's capabilities of dealing with the changes at the year 2000. It is a continued goal of this department to see that all of the City's computers will function with the date change. He noted his department is lOoking.'at consequences and options upon Electdc Utility Deregulation, particularly the effect on*:~'b~ling and collections operations of the Finance Department. Fast and efficient cushier service is*of primary importance in billing and collection. He would like to see a planned replacement p.[~gram established for the computer and technical equipment. He would like to provide more?cros~!rairting for Finance Department personnel. Councilmember Kelly complimented Mr. Elton on the format of the current financial reports. 3a.vi. Planning . Senior Planner Stump mentioned the City-wide mzoning program'to create zoning districts consistent with the new General Plan which 'was .accomplished las! year. General Plan implementation will continue as will the development Df a Master BicyCle/Pedestrian Plan, funded with traffic impact mitigation fees from the Kmart project: ':Staff is also coordinating efforts with the County of Mendocino to gain County approval and adoption of the Ukiah Valley General Plan. An air quality study will also be forthcoming/The Planning DePartment needs to provide a substitute building inspector as the City only has one person trained in that position. .!. Mr. Stump further noted a master plan for Riverside Par~ is likely to be funded by a grant from the Coastal Conservancy. Staff is currently WOrking with developers Hull and Piffero regarding the permits necessary to proceed with their work in the western hills. 3a.vii. City Manaeer (Secretarial 'Pool. Personnel/Risk Management. Ai~ort) There were no questions from the Council regarding the Secretarial Pool. City Manager Homley noted the personnel/Risk Management Department also includes the Americans with Disabilities Act compliance officer as well as the safety compliance officer. The Airport staff will apply for Federal Aeronautics Administration grant funds for Airport improvements. 3a,viii. Elected Officials (City Clerk) City Clerk Henderson noted approximately 200 boxes of outdated City records had been destroyed and another 200-new boxes were processed for storage, Storage needs should not increase dramaficafty,'if dead files are purged regularly. She also noted that she and the City Manager are recommending a salary "step" schedule be established for the City Clerk position, 3a.ix. Redevelooment City Manager Homley noted the Ukiah Redevelopment Agency budget accomplishments and objectives would be continued for review at the next regular meeting of the Ukiah Redevelopment Agency on May 20, 1998, The Council adjoumed to Closed Session at 12:18 p.m. The Council reconvened in Open Session at 12:59 a.m. Adjourned Regular Meeting - Apd129, 1998 Page 4 5. CLOSED SESSION Sa. Public EmDIoyee A_or)ointment - Title: Police Chief. Fire Chief No action was taken on this item. 5b. G.C. Section 54956.8 - Conference with Real Pror)ert¥ Neootiator. Pror~ert¥: A Portion of AP No. 184-100-03. NeQotiator: Candace Homlev. Under Ne_aotiation: Terms of Payment No action was taken on this matter. 6. ADJOURNMENT The meeting was adjourned at 1:00 p.m. .:::;:*- *'.*- ..::!~i:!:!:* i!!!:!!:~!~:-' ':':¥! · iii:i:iiii:':.:...:::: :.::........: :!:::? ==========================. ::~:i'i'~.~: .... ... .. .. .. Adjourned Regular Meel~ng - Apd1:29, 1998 Page 5 Item No. 6 a Date: May 6. 1998. . AGENDA SUMMARY REPORT SUBJECT: REQUEST FOR CITY OF UKIAH SUPPORT IN SOLID WASTES SYSTEM'S REQUEST TO JOIN THE AB 939 LOCAL TASK FORCE Solid Wastes Systems and staff are requesting a City Council letter of support for Solid Wastes' efforts to become a voting member of the AB 939 Local Task Force (Attachment 1). Staff contacted Mike Sweeney, Manager of the Mendocino Solid Waste Management Authority to determine the correct procedure for making such a request. He stated that the Board of Supervisors determined the number and make up of the AB 939 Local Task Force, and a letter of request from the City should be mailed directly to that office. At present, the AB 939 Local Task Force (LTF) has 14 members - six represent staff from participating agencies/jurisdictions, six represent the community at large, one represents the Environmental Health Department, and one represents the waste disposal & recycling hauler, Willits Solid Wastes. Although not currently the case, past memberships to the AB 939 Local Task Force have included two representatives from the solid waste industry - one each from Solid Waste of Willits and one from Waste Management. (Continued on page 2) RECOMMENDED ACTION: 1. Authorize the Mayor to sign letter requesting the Board of Supervisors to add Solid Wastes Systems, Inc. to the AB 939 Local Task Force as a representative of the solid waste industry. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Authorize Mayor to sign letter, with recommended changes. 2. Decline to request the addition of Solid Wastes Systems, Inc. as a solid waste industry representative to the AB 939 LTF. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachmems: Bruce McCracken, Solid Wastes Systems, Inc. Sue Goodrick, Compliance/Customer Service Officer Candace Horsley, City Manager 1. Draft Letter requesting inclusion of Solid Wastes Systems on AB 939 LTF. 2. Solid Wastes Letter dated April 23, 1998. 3. AB 939 Public Resources Code 40950 - Task Force Membership APPROVED:.L.(~ [ ,~'~,,.q Candace Horsley, City ~anager Request for City of Ukiah Support for Solid Wastes Systems Request To Join The AB 939 Local Task Force May 6, 1998 Page 2 Staff believes there are many advantages to both the City of Ukiah and the LTF for having Solid Wastes Systems represented on the Task Force. Solid Wastes Systems offers a wide range of experiences and successes in programs with other communities. They can also offer realistic pictures of hauler/recycling objectives/goals, feasible adjustments to programs and/or services with minimal costs to constiuents, and material diversion projections. Solid Wastes Systems' experience and successful interaction with other communities could add dimension and expertise to the Task Force as a representative of the solid waste industry. In addition, the LTF would benefit from having a representative from the operators of our future transfer station currently planned for Taylor Drive. Staff recommends City Council authorize the Mayor to sign the letter (Attachment 2), encouraging the Board of Supervisors to add Solid Wastes Systems to the member roster of the AB 939 LTF as a representative of the solid waste industry. 300 S~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFELY 463-6242/62~4 · FAX # 707/463-6204 · May 6, 1998 Board of Supervisors 501 Low Gap Road Ukiah, California 95482 The City of Ukiah, as well as the other jurisdictions in Mendocino County, are now working towards improving existing recycling/waste diversion programs and possibly adding new programs to assist us in meeting the state mandated 50% waste diversion goal by the year 2000. It is anticipated that the Local Task Force will be meeting on a more frequent basis to make recommendations on program enhancements and additions. The City of Ukiah feels that Solid Wastes Systems, Inc. could bring additional expertise and insight to this Task Force in making recommendations for increased waste diversion. The City of Ukiah would like to request that the Mendocino County Board of Supervisors consider the addition of our garbage and recycling hauler, Solid Wastes Systems, Inc. to the AB 939 Local Task Force. The City of Ukiah believes the Solid Wastes Systems would be an asset to the Task Force by virtue of their wide range of experiences and successes in recycling and diversion programs with other rural communities. They can also add to the representation from the solid waste industry as it pertains to feasible recycling goals and objectives, adjustment to programs and/or services with minimal costs to constituents, and material diversion projections. The City of Ukiah believes the Local Task Force would also benefit from having representation from the operators of our future transfer station currently planned for Taylor Drive. Thank you for consideration of the addition of Solid Wastes Systems to the member roster of the AB 939 Local Task Force as a representative of the solid waste industry. Sincerely, Sheridan Malone Mayor 'We Are Here To Serve" SOLID WASTES SYSTEMS P.O. BOX 60, UKIAH CA 95482 4-23-98 Sue Goodrick City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Dear Sue, As we quickly approach the year 2000, it appears that the County LTF will begin meeting on a much more regular basis to discuss the 50% waste diversion goal_ This discussion will surely include improving existing recycling programs and the recommendation of new ones_ As Ukiah's franchised hauler, we feel that the interests of the City and it's ratepayer's would be well served by SWS becoming a voting member of the LTF. Our experience in other rural areas that are required to meet the same mandates will give the LTF additional in£ormation ~d insight_ Personally, I have been involved with six other LTF's throughout Northern California and numerous committees that have examined issues from recycling to illegal dumping. We are requesting that the City of Ukiah recommend to the LTF to include SWS as a voting member. I will be the primary member and Jim Salyers who has 26 years in the refuse and recycling field will be the alternate. If you have any questions or comments, please give me a call at 462-8621.~ Sinc ely, Bruce C. M~Cracken Solid Waste' 's Systems c. Jim Salyers ' .... . I Ill i · ' ' - __~ ................... In ........ ! . . . [mi ...... I I ..... I §8 AGENDA SUMMARY ITEM NO. 6 b DATE: MAY 6, 1998 REPORT SUBJECT: ADOPT RESOLUTION RELOCATING AN EXISTING NO PARKING ZONE/BUS LOADING ZONE ON WEST STANDLEY STREET, ESTABLISHING A NEW NO PARKING ZONE/BUS LOADING ZONE, AND ELIMINATING AN EXISTING ON-STREET PARKING SPACE ON WEST PERKINS STREET BETWEEN NORTH SCHOOL STREET AND NORTH OAK STREET Submitted for the City Council's consideration and adoption is a resolution which would, if adopted, authorize the relocation of an existing no parking zone/bus loading zone on the south side of West Standley Street between North School Street and North Oak Street, the establishment of a new no parking zone/bus loading zone on the north side of West Perkins Street between North School Street and North Oak Street, and the elimination of one existing on-street parking space to accommodate the new no parking zone/bus loading zone on West Perkins Street. At the request of the Mendocino Transit Authority (MTA), the Traffic Engineering Committee considered the merits and need for the requested changes to the no parking zone/bus loading zones and recommends to the City Council that the resolution be adopted. CONTINUED ON PAGE 2 RECOMMENDED ACTION. Approve and adopt the Resolution Relocating an Existing No Parking Zone on West Standley Street, Establishing a New No Parking Zone/Bus Loading Zone and Eliminating an Existing On-Street Parking Space on West Perkins Street between North School Street and North Oak Street. ALTERNATIVE COUNCIL POLICY OPTIONS. Determine proposed changes are not necessary and do not adopt the Resolution. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attach ments: N/A N/A Traffic Engineering Committee Rick H. Kennedy, Director of Public Works/City Engineer ~_~ Candace Horsley, City Manager 1. Resolution. 2. Site Plan for West Standley Street. 3. Site Plan for West Perkins Street. 4. Site Plan of Existing Parking Zones. Candace Horsley, ~it~ Manager R: 1 \PW:kk APERKINS.NP Adopt Resolution Relocating an Existing No Parking Zone/Bus Loading Zone on W. Standley Street, Establishing a new No Parking Zone/Bus Loading Zone, and Eliminating an Existing On-street Parking Space on W. Perkins Street between N. School Street and N. Oak Street May 6, 1998 Page 2 The relocation of the existing no parking/bus loading zone on West Standley Street involves the reduction, reversal and addition of red and yellow curb zones as depicted on the attached site plan (Attachment No. 2). The requested change will better accommodate the stopping of the MTA bus within the bus loading zone and, at the same time, provide sufficient yellow curb loading zone for commercial vehicles serving the businesses along this portion of West Standley Street. The establishment of the new no parking zone/bus loading zone on West Perkins Street involves the reduction and relocation of an existing yellow curb loading zone and the elimination of an existing on-street parking space as depicted on the attached site plan (Attachment No. 3). Because the existing loading zone is also signed as a bus loading zone, there have been conflicts between commercial vehicles loading or unloading and MTA buses needing to stop to unload/load passengers. The proposed change will accommodate both the needs of commercial vehicles and the MTA buses. A representative with MTA met and discussed the proposed changes with the Downtown Parking Administrator and a representative with United Parcel Service. No concerns with or objections to the proposed changes were raised. Incurred expenses for materials needed to make the changes will be minimal and can be expensed from the Street Division budget account. RHK:kk R: 1 \PW APERKINS.NP RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH RELOCATING AN EXISTING NO PARKING ZONE/BUS LOADING ZONE ON WEST STANDLEY STREET, ESTABLISHING A NEW NO PARKING ZONE/BUS LOADING ZONE, AND ELIMINATING AN EXISTING ON-STREET PARKING SPACE ON WEST PERKINS STREET BETWEEN NORTH SCHOOL STREET AND NORTH OAK STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 1 1, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) received a request from the Mendocino Transit Authority (MTA) for the relocation of the existing no parking zone/bus loading zone on the south side of West Standley Street and the establishment of a new no parking zone/bus loading zone with the elimination of an existing on-street parking space on the north side of West Perkins Street, both locations being between North School Street and North Oak Street, for purposes of improving the loading and unloading of bus passengers; and WHEREAS, a bus may stop in a no parking zone or red zone if marked or signed as a bus zone pursuant to the California State Vehicle Code; and WHEREAS, the Traffic Engineer recommends that MTA's request stated herein be approved. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the following no parking zones/bus loading zones are hereby re-established or established as follows: A. South side of West Standley Street between North School Street and North Oak Street. Resolution No. 98-00 Page 1 of 2 ATTACHMENT NO. 1 PAGE I OF 2 , , The existing 75 foot red curb zone just west of North School Street shall be changed to a 45 foot red curb zone and a 30 foot yellow curb zone. The existing 57 foot yellow curb zone just west of the above mentioned 75' red zone shall be changed to a 57 foot red curb zone and posted as a bus loading zone. B. North side of West Perkins Street between North School Street and North Oak Street. 1. The existing 50 foot yellow curb zone just west of North School Street shall be changed to a 50 foot red curb zone and posted as a bus loading zone. 2. A new yellow loading zone shall be established just west of Item B.1. above and an existing on-street parking space shall be eliminated to accommodate the new yellow loading zone. PASSED AND ADOPTED this 6th day of May, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk B:I\RESl PERKIN$,NP Resolution No. 98-00 Page 2 of 2 ATTACHMENT NO. 1 PAGE 2 OF 2 Do Not: En-t:er' Sign S"cop Sign No Par'king Sign MT A Sign Loo. dlng Zone Sign EXISTING PARKING AND Drawn by , L. Woods Date , Empty Tr'ee Well o£ ned curb Tr"ee 57' D/W in Tr-ee Well o£ ~ cunb 37' o-F I ZONES 416198 red curb C,\stree~s\TEC-3 50' oF~curb l MT a Sign P~rk,n9 i_sp~ce o perlxin ~ g sp~ce porking spoce 112 o Hr. Perking Sign EXISTING PARKING AND ZONES Drown by ~ L. Woods Dote ~ 416198 C,\s±reets\(ec-2 NORTH SCHOOL STREET · · Stop S~gn No Parking Sign Loading Zone Sign I/2 Hr. Porh;r,g Sign [ree WeLL 75'oF red curb 'ellow curb Tree Well D/v red cu?b porklng space 50' o£ yeHow curb IMIA parking space parking space parking space parking space 1/2 Hr. Parking Sign ! NORTH OAK STREET t red curb .,J parking space parking space EXISTING PARKING AND ZONES Drown by , L. Woods Dote , 4~6~98 ITEM NO. 6c DATE: MAY 6, 1998 AGENDA SUMMARY REPORT SUBJECT: RECEIVE REPORT REGARDING THE ACQUISITION OF CONSULTING SERVICES FROM LAWRENCE AND ASSOCIATES FOR GAS SAMPLING AND ISOTOPE ANALYSIS AT UKIAH LANDFILL IN THE AMOUNT OF $5,800 In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing more than $5,000 but less than $10,000. The services being acquired are from Lawrence and Associates for the sampling and isotope analysis of soil gas from selected monitoring wells. This work is a part of the City's continued investigation of the benzene impacted area along the east side of the Landfill. The estimated cost for the sampling and testing is $5,800 and it will be expensed from the Landfill Account Number 660-7301-250. Funds in the amount of $40,000 have been budgeted for the investigative work related to the benzene impacted area. As communicated in the attached memo to the City Manager, it is believed that soil gas in the vicinity of the benzene impact area is most likely influenced by geothermal activity as evidenced by the high concentration of carbon dioxide and the higher temperatures noted in the groundwater monitoring wells located on the east side of the Landfill. It has been recommended that carbon isotope analysis of the soil gases from the affected monitoring wells and landfill gas taken directly from the waste be performed to clarify the origin of methane detected in the monitoring wells and to confirm that this area is influenced by geothermal conditions. RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Appropriation Requested:N/A Account No.: 660.7301.250.000 Citizen Advised: N/A (If budgeted) Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Memorandum to City Manager. APPROVED: R: 1 \LANDFILL:kk ALAWRENC E,4 Candace Horsley, ~;it~ Manager DATE: TO' FROM' RE' M.E.M.O.R.A.N.D.U.M March 30, 1998 Candace Horsley, City Manager Rick H. Kennedy, Director of Public Works/City Engineer APPROVAL TO ACQUIRE THE SERVICES FROM LAWRENCE AND ASSOCIATES FOR GAS SAMPLING AND ISOTOPE ANALYSIS AT UKIAH LANDFILL Your approval to acquire the services of Lawrence and Associates for the performance of additional gas sampling and isotope testing related to our continued investigation of the benzene impact area at the Landfill is requested. The attached proposal and work plan was submitted at my request. Lawrence and Associates proposes to perform the described work at a cost not to exceed $5,725.25. Expenditures for this investigation work have been funded in the Landfill Account No. 660-7301-250 under the descriptive heading of study and analysis of benzene impact at $40,000. A substantial portion of the proposed cost ($3,610) is laboratory work. As reported in the report prepared by Lawrence and Associates entitled "Results of Gas Testing from Gas 10-D," soil gas in the vicinity of the benzene impact area is most likely influenced by geothermal activity as evidenced by the high concentration of carbon dioxide and the higher temperatures noted in the groundwater monitoring wells located on the east side of the Landfill. Soil gas sampled from Gas Perimeter Monitoring Well 10-D was tested for volatile hydrocarbons in accordance with EPA method T0-14 and gaseous benzene at 1600 parts per billion by volume (ppbv) was detected. Benzene at a concentration of 7,200 ppbv had been previously detected in soil gas sampled from groundwater monitoring Well No. 95-1 which is located outside the Landfill near the entrance to Vichy Springs Resort. The soil gases extracted from these two well did not contain trace gases which are contained in Landfill gas which was sampled directly from the adjacent waste cells. The methane gas extracted from Gas Well I O-D is not similar to the gas detected within the waste and may be composed of (1) geologic gas with Iow propane or butane content, (2) a mixture of landfill gas and geologic gas, or (3) landfill gas not similar to that sampled in this work. It has been proposed that carbon isotope analysis of the soil gas may provide clarification as to the origin of the methane. We believe that there may be a relationship between the source of methane and the high levels of benzene detected in wells located on the east side of the Landfill. I believe this clarification as to the origin of the methane is critical to our on-going investigation of the benzene impact area. With your approval, I will issue an amendment to their current Consultant Agreement and prepare the report to the City Council. RHK:kk R: 1\LANDFILL MHORSLEY.13 LAWRENCE ASSOCIATES ENGIN£ERING GEOLOGY CIIIL ENGltt EEiIIllG GROUIIO-WATER HYDROLOGY March 26, 1998 C96.06.08D Mr. Rick Kennedy City of Uldah Department of Public Works 300 Seminary Avenue Uldah, CA 95482 Dear Mr. Kennedy: SUBJECT: SAMPLING FOR SOURCE OF METHANE AND CARBON DIOXIDE IN GAS- AND GROUND-WATER MONITORING WELLS Enclosed is an estimate for sampling gas- and ground-water monitoring wells at the City of Ukiah Landfill for stable-isotope analyses and carbon age dating of methane gas. The work includes the following tasks: 1. Obtain gas sampling cylinders and high-pressure pump. 2. Collect gas samples from gas-monitoring probes GAS-10D and GAS-6D, infill monitoring probe LFGP-2, and ground-water monitoring wells MW-95-1 and MW-92-4, and ship the samples to an isotope testing laboratory for analyses. 3. Interpret results and report findings. The samples will be analyzed for the following constituents: 1. CX2/C]3 Ratio for Methane: Used to determine generation source i.e. bacterial vs. geologic. 2. C~2/C~3 Ratio for Carbon Dioxide: Used as a confirmation of methane ratios. 3. Deuterium/Hydrogen Ratio: Used in combination with C]2/C]3 ratio to fingerprint methan& 4. C]~/CTM Analysis: Used to age date source of carbon in the methane. 20Ql Market Street · Room 523 · Redding, California 96001 · (916)244-9103 · fax (916)244-5021 · hnda~twilight, c-zone.aet Mr. Rick Kennedy C~, of Uklah ~D. epartment of Publlc 14forks March 26~ 1998 Page 2 of 2 If you would like us to perform the work, please amend one of our existing contracts or issue a purchase order. Please call me if you have any questions. .Sincerely, Clayton E. Coles Lawrence & ,4ssoclates .~: -- ;~ ~'-'. -- '~,'~ ~: ~-,!-1 l_I 1 r~. ' 2 0 L f~ 14 R E lq C E & i~ S S 0 C P . 0 :E. Mr. Rick Kenned), City of Uidah, DeparOnent of Public Works Methane Source Determlnatlon Attachment A March 26, 1998 Cost Estimate Cost Summary Total Cost Labor $5,725.25 Item Unit Qty Associate, order materials and sampling equipment, drive to site, sample 5 wells, ship samples, return Hr Associate, interprate data and write 3-page report with well-location map Hr CAD drafting Hr Senior, review Hr Clerical I-Ir Subtotal S/Unit Total 10.00 70.00 700.00 8.00 70.00 560.00 2.00 50.00 100.00 0.50 85.00 42.50 0.75 35.00 26.25 1,428.75 Expenses (includes tax where applicable) Item Unit M/leage Ea Report materials LS Subtotal Qty s/Unit Total 300.00 0.35 105.00 1.00 40.00 40.00 145.00 ~nalyses (subtract 15% markup if client pays directly, except Item Unit Methane age dating, stable isotope typing for methane and carbon dioxide, and hydrogen/duterium typing Ea Sample shipping & return Ea Sample pump shipping and return Ea Sample pump rental (supplied by laboratory) Dy Subtotal 15% markup Subtotal for return shipping) Qty S/Unit Total 5.00 650.00 3,250.00 5.00 60.00 300.00 1.00 60.00 60.00 1.00 0.00 0.00 3,610.00 541.50 4,151.50 I- z :::) 0 4"~ 0000000 0000000 ~00000 w~' v- 0 (DOw- 0 000 ITEM NO. 6d DATE: May 6, 1998 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING ARTICLE 20 OF CHAPTER 2 (ZONING) OF THE UKIAH MUNICIPAL CODE REVISING THE REGULATIONS FOR ADMINISTRATION AND PROCEDURES SUMMARY: On April 16, 1998, the City Council voted 5-0 to introduce the ordinance amending Article 20 of the Zoning Code, which revised the regulations for Administration and Procedures. In doing so, the Council modified the recommended ordinance to retain the requirement for posting public notices on property ten (10) days prior to a scheduled public hearing. The ordinance has been modified to reflect this change, and is ready for final adoption. RECOMMENDATION: Adopt the ordinance amending Article 20 of Chapter 2 (Zoning) of the Ukiah Municipal Code. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the ordinance and provide direction to staff. Citizen Advised: Legal notice published according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager; Bob Sawyer, Planning Director; and David Rapport, City Attorney Attachments: 1. Ordinance amending Article 20 of Chapter 2 of the Ukiah Municipal Code. APPROVED: Candace Hor:sley, City'-rvla~ager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 2 (ZONING), ARTICLE 20 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE The Ukiah Municipal Code, Division 9, Chapter 2 (Zoning), Article 20, is amended to establish a square footage threshold between minor and major discretionary permits in the "C-1", "C-2", "M", "R-2", "R-3", and "C-N" Zoning Districts. SECTION TVVO Section 9260 (D)(1) is amended to read, "In the "C-1", "C-2", and "M" Zoning Districts, facade improvements, small additions/expansions of more than 150 square feet but, less than 1000 square feet to existing structures, minor amendments to previously approved permits, and changes in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances shall be considered minor in nature. Additions of 1000 square feet or more shall be considered major discretionary projects. In the "R-2", "R-3", and "C-N" Zoning Districts, additions of 640 or more square feet shall be considered major discretionary projects." The complete version of amended Article 20 is attached and identified as Exhibit "A." SECTION THREE This amendment to Chapter 2 of the Ukiah City Code is necessary to improve and enhance zoning administration, and to provide more user friendly zoning regulations to the citizens of Ukiah. ORDINANCE NO. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION FOUR This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 16, 1998, by the following roll call vote' AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None ABSENT: None ABSTAIN: None Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following roll call vote: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk ORDINANCE NO. Page2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 EXHIBIT "A" ORDINANCE NO. ARTICLE 20. Division 9 - Chapter 2 ZONING ADMINISTRATION AND PROCEDURES SECTION: 9260 Purpose 9261 Discretionary Planning Permits 9262 Use Permit Procedures 9263 Site Development Permit Procedures 9264 Variance Procedures 9265 Zoning Text Amendments and Rezonings 9266 Appeals 9267 Prezoning 9268 Zoning Administrator 9260: PURPOSE: The purpose of this Article is to establish the development permit and rezoning/prezoning processing procedures, and to establish the process and legal procedures associated with the enforcement of the provisions of this Chapter. Additionally, this Article establishes the Office of the Zoning Administrator. 9261: DISCRETIONARY PLANNING PERMITS: The City's discretionary planning permits include Use Permits, Site Development Permits, and Variances. A. Use Permits: A Use Permit is an entitlement that permits a certain use of land in a zoning district where the use is not allowed by right. Each zoning district contains both allowed and permitted land uses. "Allowed" land uses are allowed without a Use Permit, while "permitted" uses can only be established with the securing of a Use Permit. Use Permits are ORDINANCE NO. Exhibit "A" Page 1 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 usually issued with "conditions", and are intended to provide flexibility by permitting land uses that will not have an adverse impact on surrounding land uses or the general public. The detailed provisions for Use Permits are contained in Section 9262 of this Article. B, Site Development Permits: Site Development Permits are required for the construction of new multiple-family residential, commercial, and industrial structures, or the substantial exterior modification of existing multiple-family residential, commercial, and industrial structures. Projects exempt from the Site Development Permit process include interior building remodels, repair and maintenance of structures or parking areas, minor alterations on building exteriors, and minor accessory structures to established, multiple-family residential, commercial, and industrial buildings. Upon request, the Planning Director shall determine whether a project is exempt under this subsection in accordance with the following standards: 1. The project involves an addition of less than 150 square feet to an existing structure, and the addition would not be highly visible from any public street; or 2. The project involves minor facade modifications that would not significantly change the architectural character or appearance of the structure. The detailed provisions for Site Development Permits are contained in Section 9263 of this Article. C. Variance Permits: A Variance is a permit to deviate from the terms of the zoning ordinance. It provides relief from specific site development regulations. It is provided for because there are individual lots which, due to some unusual characteristic, cannot be put to productive use if all detailed regulations (e.g. yard setbacks, height) are strictly applied. Variances are not issued for land uses ("Use Variance") or relief of lot size requirements. The detailed provisions for Variances are contained in Section 9264 of this Article. ORDINANCE NO. Exhibit "A" Page 2 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. Major and Minor Use Permits, Site Development Permits, and Variances: At the time of application submittal, the Planning Director or assigned designee shall determine if the proposed project constitutes a major or minor Use Permit, Site Development Permit, or Variance. The Planning Director or assigned designee shall be guided by the following criteria when determining whether a discretionary planning permit is major or minor: 1. In the "C-1", "C-2", and "M" Zoning Districts, facade improvements, small additions/expansions of more than 150 square feet but, less than 1000 square feet to existing structures, minor amendments to previously approved permits, and changes in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances shall be considered minor in nature. Additions of 1000 square feet or more shall be considered major discretionary projects. In the "R-2", "R-3", and "C-N" Zoning Districts, additions of 640 or more square feet shall be considered major discretionary projects. In the C-N (Neighborhood Commercial) zoning district, a Use Permit is required to exceed the maximum 30% floor area ratio standard. A proposal to exceed this standard by less than 10% is considered a minor Use Permit. 2. New construction on vacant parcels, large additions/expansions to existing buildings, substantial amendments to previously approved permits, and changes in use of existing structure(s) that would require an expansion of an existing parking facility, or that could generate substantial amounts of additional traffic, noise, or other nuisances shall be considered a major permit. 3. Minor Variance applications are those seeking less than 50 percent relief from a yard setback requirement in a particular zoning district, or a height of less than five feet over what is allowed in a particular zoning district. ORDINANCE NO. Exhibit "A" Page 3 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 4. Other small and relatively insignificant applications as determined by the Planning Director shall be considered minor. E. Use or Project not Established: VVhenever in this Article a permit is subject to revocation because the use or project for which the permit was issued is not established within required time limits, "not established" shall mean that the permittee has not taken substantial steps and has not incurred substantial expense to construct, complete and commence the use for which the permit was issued, and is not diligently completing the project and commencing the use for which the permit was issued. 9262: USE PERMIT PROCEDURES: Use Permit application and processing procedures shall be as follows: A. General: Use Permits shall be issued as provided in this Chapter only for land uses or purposes for which such permits are required. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for Use Permits required by this Chapter. If the Planning Director determines that the Use Permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the Use Permit application is major, it shall be scheduled for consideration by the Planning Commission for public hearing and action. Projects requiring a Use Permit for new construction or exterior modifications need not have a separate Site Development Permit. Site Development review, criteria, and findings shall be incorporated into the Use Permit process. B. Application Filing and Submittal Requirements: Applications for Use Permits shall be filed with the City Planning Department and shall be accompanied by a plot plan sufficient to show the details of the proposed use or building, as well as surrounding land uses, and any other project related information deemed necessary by the Planning Director. Application fees ORDINANCE NO. Exhibit "A" Page 4 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be established from time to time by Resolution of the City Council adopted in accordance with the procedures required by law. The payment of the established fee shall be made at the time of application submittal. C. Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Unless in conflict with the notice requirements of the Government Code, notices of public hearings on applications for Use Permits shall be given at least ten (10) days prior thereto, by the following manner: 1. Publication in a newspaper of general circulation in the City. 2. Notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. 3. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly effected. 4. The subject property shall be posted in three (3) locations ten days prior to the public hearing. D, Action on Use Permits: All applications for Use Permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission. 1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor Use Permit applications. 2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision. ORDINANCE NO. Exhibit "A" Page 5 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 3. The Planning Commission shall review, conduct public hearings, and decide upon all major Use Permit applications. 4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision. 5. At the discretion of the Planning Director, any Use Permit application may be scheduled for consideration and decision-making by the Planning Commission. 6. Any Use Permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. E. Findings: Findings are required to grant a Use Permit. 1. The Zoning Administrator or the Planning Commission, on the basis of the evidence submitted at the hearing, may grant Use Permits required by the provisions of this Article whenever findings of fact support the following determinations: a. The proposed land use is consistent with the provisions of this title as well as the goals and policies of the City General Plan. b. The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public's health, safety and general welfare. 2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. F. Conditions of Approval: Conditions of project approval may be imposed on Use Permit applications. ORDINANCE NO. Exhibit "A" Page 6 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1. In approving a Use Permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to preserve the integrity and character of the zoning district and the General Plan. Such conditions shall promote the safe and orderly use of the property, and assure compatibility with surrounding land uses. Nothing in this Chapter shall be construed to limit the discretion or the authority of the Zoning Administrator or Planning Commission to require conditions, provided the conditions constitute a lawful exercise of the police power and not a taking of private property under the 5th Amendment of the United States Constitution. 2. The Zoning Administrator or Planning Commission may condition a Use Permit to prohibit the occupancy of a building, structure, or land use until an inspection has been made which finds that the building, structure, or land use complies with all conditions specifically required to be completed prior to occupancy. If a Use Permit is so conditioned, the Zoning Administrator or Planning Commission shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a Use Permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been met; provided, however, that responsibility for assuring applicant compliance with the provisions of the Use Permit remains with the Planning Director. The Planning Commission orthe Zoning Administrator may also require conditions be completed prior to the issuance of building permits. G, Effective Date: The Use Permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If an appeal is filed, the Use Permit shall become effective upon final approval by the City Council. This date shall be so noted in the official Use Permit application file and shall also be noted upon the issued Use Permit and/or approval confirmation letter. ORDINANCE NO. Exhibit "A" Page 7 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 H. Expiration and Revocation: The following provisions detail the Use Permit expiration and revocation process. 1. An approved Use Permit may be revoked through the City's revocation process if the use for which the Use Permit was granted is not being conducted in compliance with the Use Permit as conditioned, or: a. If any land use for which a Use Permit has been granted and issued is not established within two years of the Use Permit's effective date; or b. If the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. 2. Procedure: If a Use Permit is subject to revocation under subsection H(1), the City shall follow the procedures set forth herein. a, Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E(2). c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266. 3. NewApplication: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection H(1) (a) or (b) from applying for a new permit in accordance with the procedures for new applications. I. Renewal: Use Permits may be renewed for an additional period not to exceed one (1) year provided, if an application for renewal is filed with the Planning Department prior to the ORDINANCE NO. Exhibit "A" Page 8 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 expiration of the permit. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a Use Permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director's decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. 9263: SITE DEVELOPMENT PERMIT PROCEDURES: The following regulations govern the submittal, review, and processing of Site Development Permits. A. General: Site Development Permits shall be issued as provided in this Chapter only for site development projects for which such permits are required. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for Site Development Permits required by this title. If the Planning Director determines that the Site Development Permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the Site Development Permit application is major, it shall be referred to the Planning Commission for public hearing and action. B. Application Filing and Submittal Requirements: All applications for Site Development Permits shall include the following information: . land uses. . . A detailed Site Plan sufficient to fully illustrate the proposed project and adjoining Elevation drawings of all proposed structures. Details of all proposed signs. ORDINANCE NO. Exhibit "A" Page 9 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. A landscaping plan detailing all new and existing landscaping to be incorporated into the design of the project. 5. A floor plan of the proposed structure. 6. A parking plan. 7. Any other project related information requested by the Planning Director. 8. The actual application form and filing fee, which shall be established from time to time by Resolution adopted by the City Council in accordance with such procedures as required by law. C. Public Noticing Requirements: Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Notices of public hearings on applications for Site Development Permits shall be given at least ten (10) days prior thereto, by the following manner: 1. Publication in a newspaper of general circulation in the City. 2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. 3. Notice shall also be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly effected. 4. The subject property shall also be posted in three (3) locations ten days prior to the public hearing. ORDINANCE NO. Exhibit "A" Pagel0of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. Action on Site Development Permits: All applications for Site Development Permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission. 1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor Site Development Permit applications. 2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision. 3. The Planning Commission shall review, conduct public hearings, and decide upon all major Site Development Permit applications. 4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision. 5. At the discretion of the Planning Director, any Site Development Permit application may be directed to the Planning Commission for consideration and decision-making action. 6. Any Site Development Permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when acting to approve Site Development Permit applications. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to appraise a reviewing court of the basis of the action by bridging the gap between the evidence and the decision-makers conclusions, and shall be based upon evidence contained in the administrative record. Failure to make findings that support the following determinations shall result in a denial of the Site Development Permit application: ORDINANCE NO. Exhibit "A" Page11of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , General Plan. 2. The proposal is consistent with the goals, objectives, and policies of the City The location, size, and intensity of the proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern. 3. The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding uses. 4. Sufficient landscaped areas have been reserved for purposes of separating or screening the proposed structure(s) from the street and adjoining building sites, and breaking up and screening large expanses of paved areas. 5. The proposed development will not restrict or cut out light and air on the property, or on the property in the neighborhood; nor will it hinder the development or use of buildings in the neighborhood, or impair the value thereof. 6. The improvement of any commercial or industrial structure will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district. 7. The proposed development will not excessively damage or destroy natural features, including trees, shrubs, creeks, and the natural grade of the site. 8. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external appearance. F. Conditions of Approval: Conditions of project approval may be imposed on Site Development Permit applications. 1. In approving a Site Development Permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to maintain ORDINANCE NO. Exhibit "A" Page12of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 or assure compliance with the standards/criteria listed in Section E. Nothing in this Section shall be construed to limit the discretion of the authority of the Zoning Administrator or Planning Commission to require conditions. 2. The Zoning Administrator or Planning Commission may condition a Site Development Permit to prohibit occupancy of a project building until an inspection has been made which finds that the project building, landscaping and other required improvements have been completed, and the project complies with all conditions specifically required to be completed prior to occupancy. If a Site Development Permit is so conditioned, the Planning Director shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a Site Development Permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been satisfied. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits. G, Effective Date: The Site Development Permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the permit shall be deemed legally effective when finally approved by the City Council. This date shall be so noted in the official Site Development Permit application file and shall also be noted upon the issued Site Development Permit and/or approval confirmation letter. H. Expiration and Revocation: The following provisions detail the Site Development Permit expiration and revocation process. 1. An approved Site Development Permit may be revoked through the City's revocation process if the site development project is not being conducted in compliance with the Site Development Permit, as conditioned, or: ao If any project for which a Site Development Permit has been granted and ORDINANCE NO. Exhibit "A" Page13of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 issued is not established within two years of the Site Development Permit's effective date; or b. If the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. 2. Procedure: If a Site Development Permit is subject to revocation under subsection I(1), the City shall follow the procedures set forth herein. a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E. c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266. 3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection I(1) (a) or (b) from applying for a new permit in accordance with the procedures for new applications. I. Renewal: Site Development Permits may be renewed for an additional period not to exceed one (1) year provided, prior to the expiration of the permit, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a Site Development Permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially ORDINANCE NO. Exhibit "A" Page14of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the same at the time of the renewal application. An appeal of the Planning Director's decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. 9254: VARIANCE PROCEDURES: Variance applications and processing procedures shall be as follows: A. Application Filing and Submittal Requirements: Applications for Variances shall be made to the City Planning Department by filling out the required Variance application form, and submitting a detailed plot plan of the subject property, as well as surrounding land uses, elevation drawings, and any other project related information deemed necessary by the Planning Director. The appropriate filing fee must also be paid at the time of application submittal. B, Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Unless in conflict with the provisions of the Government Code, notices of public hearings on applications for Variances shall be given at least ten (10) days prior thereto, by the following manner: 1. Publication in a newspaper of general circulation in the City. 2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred (300) foot distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. 3. Mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly effected. 4. The subject property shall be posted in three (3) locations ten days prior to the public hearing. ORDINANCE NO. Exhibit "A" Page15of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 C. Action on Variances: All applications for Variances shall be considered and acted upon by either the Zoning Administrator or the Planning Commission. 1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor Variance applications. 2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision. 3. The Planning Commission shall review, conduct public hearings, and decide upon all major Variance applications. . Appeals of the Planning Commission actions shall be heard by the City Council for a final decision. 5. At the discretion of the Planning Director, any Variance application may be directed to the Planning Commission for consideration and decision-making action. 6. Any Variance application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. D. Findings: Findings are required to grant a Variance. 1. The Zoning Administrator or Planning Commission, on the basis of the evidence submitted at the hearing, may grant Variances from the requirements of this title when: a. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations. b. The issuance of the Variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations. ORDINANCE NO. Exhibit "A" Page16of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 c. The grant of the Variance would not be detrimental to surrounding property owners. 2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. E. Conditions: Any Variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations. F, Effective Date: The Variance shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If such an appeal is filed, the Variance shall be deemed legally effective upon final approval by the City Council. This date shall be so noted in the official Variance Permit application file and shall also be noted upon the issued Variance Permit and/or approval confirmation letter. G, Expiration and Revocation: The following provisions detail the Variance expiration and revocation process. 1. An approved Variance may be revoked through the City's revocation process if the Variance project is not being conducted in compliance with the Variance as conditioned, or: a. If any project for which a Variance has been granted and issued is not established within two years of the Variance's effective date; or b. If the structure for which the Variance was granted is removed for a period of two (2) years. 2. Procedure: If a Variance is subject to revocation under subsection G(1), the City shall follow the procedures set forth herein. ORDINANCE NO. Exhibit "A" Page17of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ao bo Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection B. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection D. c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266. 3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection G(1) (a) or (b) from applying for a new permit in accordance with the procedures for new applications. H. Renewal: Variances may be renewed for an additional period not to exceed one (1) year provided, pdor to the expiration of the Variance, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a Variance, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director's decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. 9265: ZONING CODE TEXT, PLANNED DEVELOPMENT ORDINANCE, AND DISTRICT BOUNDARY AMENDMENTS: This text of this Chapter, the boundaries of zoning districts, or Planned Development Ordinances, may be changed whenever the public necessity, convenience, and general welfare require such amendment, or when corresponding changes are made to the ORDINANCE NO. Exhibit "A" Page18of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 City General Plan, by following the procedures set forth in this Article. A. Initiation of Amendments: An amendment to the text or maps may be initiated by: 1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department and be accompanied by a fee, if any, that has been established from time to time by Resolution of the City Council. 2. A minute order action of intention of the City Council or Planning Commission. 3. Planning Department staff for compliance with the City General Plan, or public health, safety, and general welfare. B. Application Filing and Submittal Requirements: Applications for zoning text, district boundary, and Planned Development Ordinance amendments shall be filed with the City Planning Department, and shall include a completed application form, filing fee, and any additional information, studies, plans, or documentation which might assist the Planning Department in better understanding the proposal or are requested by the Planning Director or his/her designee. C. Public Noticing Requirements: Notices of public hearings on zoning text, district boundary, and Planned Development Ordinance amendment applications shall be publicly noticed according to State law. D. Action on Zoning Text, District, and Planned Development Ordinance Amendment Applications: The Planning Commission shall hold at least one public hearing on any proposed zoning code text amendment and/or General Plan Amendment, and formulate a recommendation to the City Council. The Planning Commission's recommendation shall be advanced to the City Council for consideration at the next available City Council Meeting. The City Council shall conduct a public hearing, duly noticed according to State law, prior to taking a final action on the project. ORDINANCE NO. Exhibit "A" Page19of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 E. Findings. The City Council shall make findings supporting their action on Zoning Text, District, and Planned Development Ordinance Amendment applications, if advised to do so by the City Attorney. 9266: APPEALS: All determinations of the Zoning Administrator or the Planning Commission regarding minor discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, are filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. An appeal of the decision of the Zoning Administrator shall go to the City Council for a final decision. Such an appeal must be made in writing stating the reasons for the appeal, must include the appeal fee, if any, established from time to time by City Council Resolution, and must be filed with the City Clerk ten (10) days of the date the decision was made. The Planning Commission shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Zoning Administrator. All City Council decisions on appeals of the Zoning Administrator's action are final for the City of Ukiah. All determinations of the Planning Commission regarding major discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council Resolution, are filed with the City Clerk, within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and ORDINANCE NO. Exhibit "A" Page20of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 stated his or her position during the hearing on the decision from which the appeal is taken. An appeal of the decision of the Planning Commission shall go to the City Council for a final decision. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Article. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Commission. All City Council decisions on appeals of the Planning Commission's action are final for the City of Ukiah. 9267: PREZONING: The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City. A. Public Notice Requirements: Public notice of both the Planning Commission and City Council hearings to prezone territory shall be published in a newspaper of general circulation published and circulated in the area to be prezoned, and if there is no such newspaper, the notice shall be posted in at least three (3) public places in the area to be prezoned. Written notice of both the Planning Commission and City Council hearings shall be mailed to the owners of the property within a radius of three hundred feet (300') of the exterior boundaries of the property which is the subject of the application, using for such purpose the name and address of such owners as shown upon the current assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the community at least ten (10) days prior to the hearing. Contents of the advertisement shall be pursuant to the Government Code. The failure of any person to receive such notice shall not invalidate the proceedings. ORDINANCE NO. Exhibit "A" Page21of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B. Action on Prezoning: The City Planning Commission shall conduct a public hearing to consider a proposal for prezoning territory. The Commission shall formulate a recommendation to the City Council. The City Council shall also conduct a public hearing to consider the prezoning proposal, and shall render a decision accordingly. C. Effective Date: The ordinance prezoning a territory shall become effective upon the effective date of the ordinance or resolution annexing such territory to the City. 9268: ZONING ADMINISTRATOR: There is hereby created in the Planning Department, the office of the Zoning Administrator. The Zoning Administrator shall be the Planning Director or his/her designated representative. A. Function and Duties: The function of the Zoning Administrator is to achieve improved coordination in the administration of the Zoning Code: to increase the efficiency of the zoning enforcement proceedings; to reduce the time required in processing applications for the minor discretionary planning permits; and to relieve the Planning Commission of certain routine functions in order that it may give its attention to its primary responsibility of comprehensive community planning. B. Authority: The Zoning Administrator shall have the authority and it shall be a duty of this office to conduct public hearings, and to make determinations regarding minor Use Permits, Site Development Permits, Variances, modifications of conditions of approval, minor changes to previously approved projects, and other minor zoning matters as determined by the City Planning Director. C. Action by the Zoning Administrator: The Zoning Administrator shall make findings and approve, conditionally approve, or deny minor Use Permits, Site Development Permits, Variances, and other discretionary zoning matters. The Zoning Administrator shall have the authority to impose conditions of approval as provided for in this Chapter. ORDINANCE NO. Exhibit "A" Page22of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. Referral to the Planning Commission: The Zoning Administrator may refer any application for a Use Permit, Site Development Permit, Variance, or any other zoning matter to the Planning Commission for public hearing. E. Appeals: All decisions made by the Zoning Administrator are appealable to the City Council for a final decision as provided for in this Chapter. ORDINANCE NO. Exhibit "A" Page23of 23 ITEM NO. DATE: May 6, 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PLANNING COMMISSION PARTICIPATION ON THE UKIAH UNIFIED SCHOOL DISTRICT SCHOOL SITE SELECTION COMMITTEE SUMMARY: On April 8, 1998, the City Planning Commission discussed the Ukiah Unified School District's search for a new elementary school site. A number of land use and environmental planning issues were discussed, as were the alternative sites being evaluated by the District. After hearing from interested members of the public, the Planning Commission concluded that there would be important planning issues associated with all the possible sites, and that it may be prudent to have a City Planning Commissioner participate in the site selection process. Accordingly, they unanimously agreed to recommend to the City Council that a Planning Commissioner be included as a co-representative from the City on the School District's Site Selection Committee. Subsequent to the Planning Commission meeting, the School District Site Selection Committee has met, and a Planning Commissioner has formally joined the group. Accordingly, this staff report is submitted for informational purposes. RECOMMENDED ACTION: Approval of including a Planning Commissioner as a City representative on the School District School Site Selection Committee. ALTERNATIVE COUNCIL POLICY OPTION: Determine that Planning Commission representation is inappropriate or unnecessary. Appropriation requested: N/A Citizen Advised: N/A Requested by' Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: 1. Memorandum from staff to the Planning Commission, dated April 8, 1998. 2. Planning Commission minutes, dated April 8, 1998. APPROVED: ~ce'Hor~l~y~' ~:Y~anager MEMORANDUM AGENDA ITEM: DATE: 8a April 8, 1998 DATE: April 8, 1998 TO: FROM: SUBJECT: Planning Commission Charley Stump, Senior Planner Ukiah Unified School District- Elementary School Site Selection Process Chairman Pruden and Commissioner Larson recently requested that staff agendize the above referenced matter for Planning Commission discussion on April 8, 1998. Staff has prepared a brief background synopsis, and attached a number of correspondences and documents to help facilitate the discussion. Back_clround . Over approximately the past year, the Ukiah Unified School District has been searching for a new elementary school site. Pursuant to State law, they formally notified the Mendocino County Planning Commission that they intended to purchase a 9-acre parcel located on Lovers Lane north of the City limits. . The County Planning Commission discussed the matter, received considerable public testimony, and then voted unanimously to conclude that they could not support the School District's acquisition of the subject parcel. They based their action on perceived issues related to agriculture, public safety, inadequate infrastructure, noise, drainage, traffic, and growth inducement. . In response, the School District conducted a "Community Forum on School Planning" to discuss a number of topics, including an update on the school site selection process. Recommendation Discuss the matter and formulate a recommendation to the City Council concerning a formal City position. Attachments a. School District letter to the Mendocino County Planning Commission, dated January 20, 1998. b, County Planning Department Staff Report to the Planning Commission, dated February 10, 1998. C. do City Planning Department comment letter, dated February 18, 1998. County Planning Commission minutes, dated February 19, 1998. Mr. Hill commented they would explore the idea of the open space area; however, it could be somewhat problematic in that the USDA is not particularly in favor of tenants' or homeowners' associations because they frequently find themselves in the center of disputes. Commissioner Larson stated there must be a way to create some type of park or open space for the children to play in, and that he would be resistant to approval of the project if no room is allowed for recreational space in this development. In his opinion, wider streets which allow for additional parking have more of a tendency to collect derelict vehicles than do narrower streets. This project appears to be auto-dominated, and also lacks bicycle paths. Commissioner Puser reiterated the need for bicycle lanes, and stated she would favor reducing the parking space and adding more trees. Street trees could be added along the narrowed streets, which would create even more ambience within the development. Mr. Hill stated he was familiar with Commissioner Puser's concept, and added RCHDC had experienced problems with derelict vehicles only rarely in their projects. Among all of the houses they had built in Ukiah, he was only aware of two cases where they were a concern. Commissioner Chiles confirmed that standard square curbing would be used. Discussion followed regarding the length of time necessary for RCHDC to follow through with the Commission's direction, wherein it was decided all of the parties were in favor of a four-week time period. PUBLIC HEARING CLOSED: 8:41 p.m. ON A MOTION by Commissioner Chiles, seconded by Commissioner Puser, it was carried by the following roll call vote to continue the public hearing on Agenda Item A, Zone Change/Development Plan/Subdivision Map Application No. 97-44, as submitted by Rural Communities Housing Development Corporation, to the May 13, 1998 Planning Commission meeting. AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, Puser, Correll, and Chairman Pruden. None. None. None. RECESS: 8:43 p.m. RECONVENE: 8:51 p.m. el NEW BUSINESS Ukiah Unified School District - Elementary School Site Selection Process Chairman Pruden advised the audience that the Planning Commission had not determined a particular location for the proposed school, but is aware that a school site significantly impacts land use, particularly in regards to the issues of transportation, recreation, and open space. The Commission is inviting comments from the public relative to what they would like to see happen MINUTES OF THE PLANNING COMMISSION Page 8 April 8, 1998 during the site planning process, including suggestions pertaining to what might be considered to be the most suitable location. Senior Planner Stump clarified that the site being considered is outside of the City limits, and neither the Planning Commission nor the City Council has any direct jurisdiction for decision- making regarding the topic. However, staff does acknowledge the relationship the site has to the City, the potential for impacts, and the need for the City to interact in this process. The purpose for this meeting is for the Planning Commission to discuss the issue, receive comments from the interested public, and perhaps formulate a recommendation for the Council if that body chooses to take a formal position to the school district. Chairman Pruden commented that recently a new site selection committee was formed, comprised of existing members and additional representation from both the City and the County. Commissioner Larson stated that he and Chairman Pruden had been following the public dialogue and meetings relative to the school site selection, and displayed a map he had made which indicated the existing schools and the proposed seven sites being considered for the new school. The two sites within the City's sphere of influence are the Brush Street site and the Montgomery Ward site. Commissioner Puser clarified she would sit on the site selection committee as a representative of her current employment, and not as a member of the City's Planning Commission. PUBLIC HEARING OPENED: 9:00 p.m. Norma Bartolomei, 1075 Knob Hill Road, submitted information which was distributed to the Commissioners, and read into the record the following written testimony from the Mendocino County Farm Bureau: The Mendocino County Farm bureau is extremely concerned about the protection of agricultural lands in our county. We need to preserve our farmland for a secure food supply today and in the future. Agriculture cannot survive in our area, if the encroachment of urban development continues. The rapid urban growth seen in Sonoma County is an example of how good valley land can quickly disappear. The valley land within the boundary of Ukiah Unified School District is limited. The Mendocino County General Plan is the constitution of land use in the unincorporated areas of Mendocino County. Each one of our cities also have a General Plan regarded as their constitution for areas within their city limits and their sphere of influence. These General Plans were developed through a process of great public involvement. It tells the public how land use will occur through a ten to twenty year period. This is called good land use planning. VVhen entities such as school districts skirt around a local General Plan, non-contiguous leap frog development occurs and then destroys well thought out planning for future growth. People within the Ukiah Valley value its agriculture and the beautiful open space it provides for the quality of life we all enjoy here. Mendocino County Farm Bureau joined other county farm bureaus, statewide, for the passage of AB 1724 and the Education Code, Section 39006, now reflects this new law. The law requires a school district to make several findings prior to commencing the acquisition of real property for a new school site in an area designated for agricultural use and zoned for agricultural production. As a requirement of this new law, the Mendocino County Planning MINUTES OF THE PLANNING COMMISSION Page 9 April 8, 1998 Commission was notified by the School District prior to commencing acquisition of a piece of property, zoned ag, located on Lovers Lane in Ukiah. The Planning Commission voted 7-0 to oppose this location as a school site based on numerous key findings, Our organization fells this action is very important. We ask that the City of Ukiah seriously review the County Planning Commission's findings and consider taking the same action to oppose the acquisition of the Lovers Lane property. The Mendocino County Farm Bureau is opposed to the acquisition of ag zoned land for the building of a school when many other suitable parcels, not zoned ag, are available. The new law in the Education Code also requires a district to evaluate a site based on all factors affecting the public interest and it cannot be limited to the basis of the cost of the land. Attached is a copy of the law. In addition, we have attached copies of the ag commissioner's information on the impacts created by placing schools adjacent to agricultural areas. We respectfully request this Commission to help with the school site selection and urge that strong consideration be given to the additional sites recently made available to the community by the school district. Chairman Pruden inquired whether either Ms. Bartolomei or the Farm Bureau had a locality in mind that they deemed appropriate for a school siting. Ms. Bartolomei replied that the general feeling is that the Montgomery Ward area would be good since a lot of children live in the south end of town, and most of the schools are located to the north. Also, that location is not near any agricultural land. E. Williams, Lovers Lane, stated her opposition to the Lovers Lane site, commenting that last July she had received a letter from the school district indicating that her vineyard and other adjacent vineyards had been selected as the 40 acre site for a large, new school complex, even though none of that land was for sale. She further stated that while growth does happen in communities, the development that has occurred in this area over the past twenty years, together with the additional traffic, has created an impact with no infrastructure to handle it. There is also the question of whether viable agricultural land should become the victim, as it has in the past, of unplanned growth in this valley. Continued urban development on the north side of Lovers Lane will allow someone else to come back before this Commission with a request that will perpetuate the growth and development cycle. The south end of town would seem to be the best location for the new school, since that area has been largely ignored, and most of the population of Alexander Estates is now of retirement age, with few children living there. Kathy Feigin, 810 Lovers Lane, spoke against the Lovers Lane site and in support of the Montgomery Ward area, stating that not only would that neighborhood benefit from having a school, but improvement to the southern end of town would also benefit the City of Ukiah. Jack Flynn, 361 Lovers Lane, stated that the northern part of town seems to be well served by schools; however, both Brush Street and the Montgomery Ward neighborhoods are lacking both in schools and play areas for children. Although the school board claims that development of the Ward site is too expensive because the property owner is asking an exorbitant price, the truth is that the shopping center has a 30 year history of failure, and there are stores in the complex that have stood vacant during the entire history of the project. The school board also contends that the Ward site encompasses too much land; however, the grandiose plan for Lovers Lane was for 40 acres, which would have included various shops, the school board office, and a possible MINUTES OF THE PLANNING COMMISSION Page 10 April 8, 1998 recreational complex. Perhaps the Ward complex would be eligible for some federal or state aid for redevelopment, since it is certainly a blighted area, and has been and will continue to be unless something is done with the property. There is sufficient student population in both the Brush Street and Ward's areas to support a school, and establishing one there would decrease the amount of busing of students that is now necessary. It also seems like it would not be out of the question that somehow the county and the city and the schools could cooperate in furnishing recreational facilities at the school for after school hours. Concern has been expressed relative to the grocery store located in the Ward area, however, that store is also 30 years old, and in the real sense, has outlived the life of most of its equipment. A new, more attractive, store could be built at the former Thrifty Drug location in the corner of the complex. The school board would also save hundreds of thousands of dollars in development costs at the Ward site since the utilities are already in place, and there is good access to the streets. While the initial cost does seem prohibitive, it is not a true picture of the real costs. LeAnne Thompson, Calpella, stated she was a bus driver for Ukiah Unified School District, and had some knowledge of where the greatest numbers of children are located. A few years ago, a map was compiled and the location of each child charted, which showed a large population in the Montgomery Ward area. Those elementary age children are bused to, and served by, Nokomis School. Her personal view is that the new school should be built on Brush Street, since those children are serviced by Oak Manor, Frank Zeek, Yokayo, and Nokomis, and suffer from the disadvantage that they are often not able to attend the same school as their playmates. She further stated she would prefer to see the agricultural land kept as it is and not developed. Discussion followed relative to the costs of busing children to school, the concentration of the student population within the valley, and the effect a new school located in the south end of town would have on that neighborhood. Kristy Kelly, 598 Cochrane Avenue, Ukiah City Councilmember, gave background information relative to the school siting issue, and stated that another public forum would be held on April 21 at Ukiah High School. She stated she had been participating in discussions relative to how the City and County could be involved with the site selection; however, she will not serve on the committee since she is definitely in favor of the Montgomery Ward site. Commissioner Correll stated he had conducted an informal canvas among the public, with special concentration on mothers with children, and found a resounding positive vote for the Montgomery Ward area. A portion of the price being asked for the property could be deferred by remodeling the existing buildings, since the infrastructure is already in place at that location. Commissioner Chiles stated he would be uncomfortable with the selection of the Montgomery Ward location for a school site because of its proximity to the airport, and thought the Brush Street location was more acceptable. Commissioner Larson stated he had observed, during the school board and public discussions relative to the site selection process, that most of the decision makers lacked a good grasp of land use issues and policy, with the result that the sites are evaluated in a different manner than this Planning Commission would use. He reviewed the implementation measures in the General Plan, MINUTES OF THE PLANNING COMMISSION Page 11 April 8, 1998 and stated that planners should be addressing the land use issues relative to public and recreational facilities and the potential impacts that would be generated by each of the sites being considered for selection. Discussion followed regarding the advantages of cooperative working relationships between school districts, municipalities, and community members. Further discussion followed relative to Commissioner representation on the site selection committee, wherein Chairman Pruden, Commissioner Larson, and Commissioner Chiles volunteered to participate on the committee, as their time allows, and relate relevant information to the rest of the members of the Planning Commission, resulting in a recommendation to the City Council if appropriate. Since the three Commissioners would be functioning in an advisory capacity only, there would be no implications from the Brown Act. PUBLIC HEARING CLOSED: 9:58 p.m. 1 9A. 9B. 9C. PLANNING DIRECTOR REPORTS City Council and Redevelopment Agency Actions Future Planning Commission Agenda Items Status Reports See written reports. Mr. Stump noted that the City Council had retained the owner occupancy requirement for second units in R-1 districts by a 3-2 vote, and established a maximum of 1,000 square feet for second dwelling units. Mr. Lohse referenced the previous meeting's discussion regarding the recycling center, reported that the Fire Department had provided Mr. Reynolds with a comprehensive list of improvements he is required to make, and noted that Mr. Reynolds has also applied for an occupancy permit. 10. PLANNING COMMISSION REPORTS Commissioner Pruden reported she had received a new manual on conflict of interest, and that a copy would be available for review in staff's Planning library. ADJOURNMENT There being no further business, the meeting was adjourned at 10:07 p.m. ~ Judy Pruden, Chairman M~~e/Giunt~i, Recordin~ Secretary MINUTES OF THE PLANNING COMMISSION Page 12 b:meg/pc040898.min April 8, 1998 ITEM NO. 6f DATE: May 6. 1998 AGENDA SUMMARY REPORT SUBJECT: REVIEW AND APPROVAL OF STAFF RESTRUCTURING PROPOSAL AND BUDGET A~RNDMENT DUE TO VACANCY IN DIRECTOR OF PUBLIC SAFETY POSITION As the Council is aware, Fred Keplinger, Director of Public Safety, has indicated that he is unable to return to work and will be retiring at the end of his paid leave (approximately September, 1998). The City Manager has relayed to the Council her plans to have a Police Chief and a Fire Chief, in lieu of a combined Director of Public Safety. The revised job descriptions are attached for the Council's information. At this time, we have developed for the Council's consideration a restructuring proposal for the Fire Department which will increase the efficiency of the Department. (Continued on next page) RECOMMENDED ACTION: Approve Restructuring Proposal, dated April 23, 1998. Authorize budget amendments necessary to implement the restructuring proposal. ALTERNATIVE COUNCIL POLICY OPTIONS: I , Do Not Approve Restructuring Proposal. Amend Restructuring Proposal. Remand to Staff for additional information. Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by- Kari Revheim, Personnel Officer~ Coordinated with: Candace Horsley, City Manager Roe Sandelin, Acting Fire Chief Gordon Elton, Finance Director Attachments: 1. Restructuring Proposal, dated April 23, 1998. 2. Revised Job Descriptions - Police Chief and Fire Chief. Candace Horsle~, ~ity Manager Suum~arv (Continued) -- The Director of Public Safety position is currently budgeted as 50% in the Fire Department and 50% in the Police Department. There is no restructuring proposal for the Police Department, other than the 50% Director of Public Safety position would be increased to a 100% Police Chief position. This would result in an annual budget increase of approximately $36,700, including salary and benefits. The Acting Fire Chief has proposed the attached restructuring proposal for the Fire Department, dated April 23, 1998, which includes the 100% Fire Chief position in lieu of the 50% Director of Public Safety position. This additional half-time position, taking into account the restructuring proposal, would result in an annual budget increase of approximately $33,791, including salary and benefits. Reco~nendation Staff recommends approval of the Restructuring Proposal, dated April 23, 1998, and authorization for the budget amendments necessary to implement the restructuring. 3: PER\ASR. FIRE FIRE DEPARTMENT RESTRUCTURING PROPOSAL April 23, 1998 Public Safety Director (1/2) Fire Chief (1) Fire Deputy Chief (1) Fire Battalion Chief (1) Fire Captain (3) Fire Engineer (4) Firefighter (9) Battalion Chief (Fire Marshal) Battalion Chief (EMS) Fire Captain (4) Fire Engineer (3) Firefighter (9) Administrative Assistant (1) Equipment Mechanic (1/2) 20 positions - $62,062/mo. Administrative Assistant (1) Equipment Mechanic (1/2) 20 1/2 positions - $63,751/mo. NOTES: 1. This is a comparison of monthly salary only. The top step was used for each position to make the comparison more accurate, even though all employees are not at top step. 2. There is only a 1/2 position increase in the proposed staffing level, which is due to the 50% Director of Public Safety position becoming a 100% Fire Chief position. 3. One Fire Engineer position would be ungraded to a Fire Captain position, which would be responsible for all training activities. 4. The current Deputy Fire Chief position would be eliminated and replaced with a Battalion Chief position. 5. The Battalion Chief will allow the Fire Chief to focus on department head responsibilities and also provide additional coverage as duty officer for non-business hours. There will be three employees "on call" instead of only two employees. 3:PER/ASR.FIRE · ADMIN. 707/463-6200 · PUBLIC SAFEI'Y 463-6242/6274 · FAX # 707/463-6204 · JOB DESCRIPTION POLICE CHIEF (At-Will/Exempt Position) DEFINITION Under the administrative direction of the City Manager, to plan, direct, supervise, and coordinate the activities of the Ukiah Police Department in law enforcement and crime prevention; to assess law enforcement needs; to provide highly responsible and technical staff assistance to the City Manager and City Council; and to perform related work as assigned. EXAMPLES OF DUTIER. (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E) Essential Duty; (M) Major Portion of Time - Develop and implement departmental goals, objectives, policies, and priorities. (E,M) - Direct and coordinate the activities of the Police Department personnel in protecting life and property. (E,M) - Enforce laws and municipal ordinances, and provide related community services. (E,M) - Identify law enforcement and crime prevention needs and priorities by conferring with citizens, community groups, and City officials. (E) - Review and revise policies and procedures as may be necessary based on legislative changes, court decisions, and direction by the City Manager and City Council. (E) - Coordinate departmental compliance with federal, state, and county regulations. (E) - Select, supervise, train, and evaluate staff. (E) - Participate in the planning for the growth and future service needs of the City. - Confer with County, area, and State law enforcement officials regarding law enforcement directions and needs. (E) - Coordinate with other City divisions and departments, and with outside agencies. (~) . . . - Monitor and review all departmental activities to assure maximum utilization of resources. - Identify and apply for grants in aid from outside sources to expand services, test new methods, or meet unfunded high priority needs. - Represent the City in the community and at professional meetings as required. (E) - Prepare and administer departmental budgets. (E) - Prepare written reports and provide staff assistance to the City Manager and City Council. (E) - Initiate internal investigations when appropriate and provide corrective action as needed. (E) '~'e Are Here To Serve" - Work with the public to answer questions and provide technical information. - Work flexible hours. (E) - Perform other duties as assigned. QUALIFICATIONS Knowledge of: - Modern principles, practices, and techniques of police administration, organization, and operation. - Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, animal control, records management, care and custody of persons and property, and environmental protection. - Pertinent federal, state, and local laws, codes, and regulations, particularly with reference to arrest, search and seizure, and evidence. - Use of firearms and other modern police equipment. - Principles and practices of organization, administration, budget, and personnel management. - Modern organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs. Ability tO: - Communicate clearly and concisely, orally and in writing. - Plan, direct, supervise, and coordinate the operation of the Ukiah Police Department. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Think and act quickly and appropriately in emergencies, and assess situations and people accurately. - Supervise, train, and evaluate staff. - Prepare and administer a departmental budget. - Establish cooperative and effective working relations with subordinates, public groups and organizations, City officials, and other governmental agencies. - Work in extreme weather conditions. - Handle stressful and possibly hazardous situations. - Work flexible hours. - Meet physical requirements necessary to safely and effectively perform the assigned duties. .Experience and Education Any combination of education and experience that would likely provide the required knowledge and skills is qualifying. A typical way to obtain the knowledge and skills would be ten (10) years of broad and extensive supervisory experience in municipal police work, including five (5) years in an administrative capacity; equivalency of a Bachelor's Degree from an accredited college or university with major course work in police science, public or business administration, or a related field. Special Requirements - Possession of an Advanced POST Certificate. - Possession of or ability to obtain a POST Management Certificate. - Possession of a valid Class C California Driver's License. - Not have been convicted of a felony in the State of California or any other state or federal jurisdiction. 3:RECRUIT/POLICE.CHIEF Rev. 2/98 300 S ~/~ VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PLIBLIC SAFELY 463-6242/6274 · · FAX # 707/463-6204 · JOB DESCRIPTION FIRE CHIEF (At-Will/Exempt Position) DEFINITION Under the administrative direction of the City Manager, to plan, direct, supervise, and coordinate the activities of the Ukiah Fire Department in preventing and suppressing fires, protecting life and property, and providing ambulance and advanced life support services; to assess departmental needs; to provide highly responsible and technical staff assistance to the City Manager and City Council; and to perform related work as assigned. EXAMPLES OF DUTIES. (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E) Essential Duty; (M) Major Portion of Time - Develop and implement departmental goals, objectives, policies, and.priorities. (E,M) - Direct and coordinate the activities of the Fire Department personnel in protecting life and property, preventing and suppressing fires, responding to medical aid calls, and providing advanced life support. (E,M) - Direct and operate an ambulance service with certified personnel responding to a high volume of calls. (E,M) - Respond to major emergencies, maintain command of emergency operations, and assess emergency situations. (E) - Direct the enforcement of Federal, State, and local fire codes and regulations. (E) - Identify needs and priorities by conferring with citizens, community groups, and City officials. (E) - Coordinate and work cooperatively with other agencies, such as the Ukiah Valley Fire District, Fire Chief's Association, and the Mendocino Emergency Services Authority (MESA). (E) - Review and revise policies and procedures as may be necessary based on legislative changes, court decisions, and direction by the City Manager and City Council. (E) - Coordinate departmental compliance with federal, state, and county regulations. (E) - Select, supervise, train, and evaluate staff. (E) - Participate in the planning for the growth and future service needs of the City. - Confer with County, area, and State fire officials regarding directions and needs. (E) - Coordinate with other City divisions and departments and with outside agencies. (E) - Monitor and review all departmental activities to assure maximum utilization of resources. '~'e Are Here To Serve" - Identify and apply for grants in aid from outside sources to expand services, test new methods, or meet unfunded high priority needs. - Represent the City in the community and at professional meetings as required. (E) - Prepare and administer departmental budgets. (E) - Prepare written reports and provide staff assistance to the City Manager and City Council. (E) - Initiates internal investigations when appropriate and provides corrective action as needed. (E) - Work with the public to answer questions and provide technical information. - Work flexible hours. (E) - Perform other duties as assigned. QUALIFICATIONS Knowledge of: - Modern principles, practices, and techniques of fire and ambulance service administration, organization, and operation. - Pertinent federal, state, and local laws, codes, and regulations. - Principles, techniques, materials, equipment, strategy and tactics used in fire suppression investigation and incident command. - Modern organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs. - Operation, maintenance, and uses of firefighting apparatus and equipment. - Principles and practices of training fire and ambulance personnel. - Hazardous material and chemical spill response. - Principles and practices of organization, administration, budget, and personnel management. Ability to: - Communicate clearly and concisely, orally and in writing. - Plan, direct, supervise, and coordinate the operation of the Ukiah Fire Department. - Properly interpret and make decisions in accordance with laws, regulations, and policies. - Think and act quickly and appropriately in emergencies, and assess situations accurately. - Supervise, train, and evaluate staff. - Prepare and administer a departmental budget. - Establish cooperative and effective working relations with subordinates, public groups and organizations, City officials, and other governmental agencies. - Work in extreme weather conditions. - Handle stressful and possibly hazardous situations. - Work flexible hours. - Meet physical requirements necessary to safely and effectively perform the assigned duties. Experience and Education Any combination of education and experience that would likely provide the required knowledge and skills is qualifying A typical way to obtain the knowledge and skills would'be ten (1~) years of broad and extensive supervisory experience in municipal fire work, including five (5) years in an administrative capacity; equivalent to a Bachelor's Degree from an accredited college or university with major course work in fire science, public or business administration, or a related field. Special Requirements - Possession of an advanced Fire Certificate, or equivalent. - Possession of a State Board of Fire Services Fire Officer Certificate, or equivalent. - Possession of an EMT-1 Certificate. - Possession of a valid Class C California Driver's License. 3:RECRUIT/~IRE.CHIBF Rev. 2/98 DATE' May 4, 1998 TO: MEMORANDU Honorable Mayor Malone And City Councilmembers PACKET ADDITION Meeting Date: Received: , _~-'-.5-~j7 ,-, Distributed to: , ,,--'-,f I! I' I[_1 ---- !1! _ I , By:- , .., ...... FROM: Candace Horsley, City Manager0.~ SUBJECT: CITY COUNCIL MEETING OF MAY 6, 1998 - AGENDA ITEM 6F Relative to the above consent calendar item, entitled "Review and Approval of Staff Restructuring Proposal and Budget Amendment Due to Vacancy in Director of Public Safety Position," I have attached for your review copies of the previous version of the job descriptions for Fire Chief and Police Chief, per Councilmember Kelly's request. As always, if you have any questions regarding this item, or any other item on the agenda, do not hesitate to contact me at 463-6210. CH:ky Att. 4:Can:MCC 112 POLICE CHIEF DEFINITION Under administrative direction of the City Manager, to plan, direct, supervise, and coordinate the activities of the Police Department in law enforcement and crime prevention; to provide highly responsible and technical staff assistance to the City Manager and City Council; and to do related work as assigned. EXAMPLES OF DUTIES Direct and participate in the development of goals, objectives, policies and priorities. Plan,. direct, ~upervise and coordinate the activities of Police. Department personnel in preserving order, protecting life and property, and in enforcing laws and municipal ordinances. Research modern police management methods, formulate and enforce rules, procedures, and policies for efficient operation of the Department. Direct the development and implementation of a departmental in-service training program. o Review the evaluations of employee performance and takes appropriate disciplinary action .where necessary. Recruit and interview applicants, investigate their qualifications, and arrange for examinations as required. Recommend appointments and promotions. Prepare and administer the department budget. Coordinate departmental recommendations for the purchase of equipment and supplies. ! Confer with citizens and City officials on law enforcement problems and assist in the development of innovative municipal law enforcement policies. Attend county, area, and state police conferences and meetings with other public officials. Cultivate good community relations by appearing before civic, fraternal and other community groups. Coordinate law'enforcement activities with the activities of other City departments and other law enforcement agencies. Supervise, train, and evaluate assigned staff. Serve as Acting City Manager as assigned. (~UAL I F I CAT IONS . Knowledge of' Modern principles, practices, and techniques of police administration, organization, and operation. Knowledge of:' Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, juveni'le delinquency control, record keeping, and care and custody of persons and property. Laws, ordinances, and regulations affecting the work of the department. Ability to: Communicate clearly and concisely, orally and in writing. Plan, direct, supervise and coordinate the work of the Police Department. Develop and administer sound departmental policies. Properly interpret and make decisions in accordance with laws, regulations, and policies. Establish and maintain cooperative relationships with those contacted in the course of work. Experience Ten years of broad and extensive experience in all major phases of municipal police work, including at least three years in'a responsible middle management capacity preferably in a municipal police department. Education Equivalent to bachelor's degree from an accredited college or university with major work in public or business administration or related field. Necessary Special Requirement Possession of an Advanced POST certificate. Possession of a POST Management certificate. Possession of an appropriate CalifOrnia ~river's license. ~'r OF UK~AH FIRE CHIEF H?t2-- '1978 DEFINITION Under administrative direction of the City Manager, to plan, direct, supervise, and coordinate activities of the Fire Department in preventing and extinguishing fires, and in protecting life and property; to provide highly responsible and technical staff assistance to the City Manager, City Council, and operating departments; and to do related work as assigned. EXAMPLES OF DUTIES Direct and participate in the development and implementation of goals, objectives, policies and priorities. Plan, direct, supervise, and coordinate the activities of Fire Department personnel in providing fire protection services to the City. Attend fires and exercise overall supervision of fire fighting operations. As required, take over immediate supervision of rescue and fire fighting activities. Direct investigations to determine cause and origin of fires and assist in the prosecution of arsonists. Direct the enforcement of Federal, State, and local fire codes and regulations. Direct the formulation of a program of in-service training,, and see that the program is carried out. Formulate departmental rules, p.rocedures and policies and see that they are enforced. Organize, train and direct the work of reserve firemen. Supervise the requisition, maintenance and operation of fire fighting equipment. Direct the maintenance of records of fire calls and fire losses. Confer with agents of other governmental jurisdictions, with the Insurance Services Office, with fire prevention bureaus, and with the office of the State Fire Marshal. Attend conferences, schools, and various meetings to keep abreast of new developments in fire fighting, fire prevention, training, and administration. Prepare and administer the department budget. Represent the City in the community and at professional meetings as required. Make final recommendations on department personnel appointments and disciplinary actions. Supervise, train, and evaluate assigned staff. Coordinate Fire Department activities with other City departments and divisions, and with outside agencies. Serve as Acting City Manager as assigned. QUAL I F I CAT IONS Knowledge of: Principles and practices of organization, administration budget and personnel management. ' ' Advanced methods, practices, and techniqQes of modern fire fighting, fire inspection, and fire prevention. Provisions of laws, ordinances, rules, regulations, and codes affecting the work of the Fire Department. Operation and maintenance of the types of apparatus and equipment used in modern fire fighting activities. Principles and practices of training fire personnel. First aid, rescue, and resuscitation. Geography, types of building construction, major fire hazards, water supply, fire and building laws and regulations of the City. AbilitS to- Plan and coordinate the work of the Fire Department. Formulate, place into effect, and administer sound departmental policy. Establish cooperative relationships with those contacted in the course of work. Communicate clearly and concisely, orally and in writin, g. Understand and relate fire problems and priorities with overall City problems. E_xpe ri ence Ten years of broad and extensive experience in all major functions of a fire department, including at least five years in a responsible administrative or supervisory capacity at or above the Fire Captain level. Education Equivalent to a bachelor's degree in public administration or fire science, or an associate arts degree in fire science supplemented by additional course work in public or business administration. AGENDA SUMMARY ITEM NO. 6g DATE: MAY 6, 1998 REPORT SUBJECT: APPROVE THE EXPENDITURE OF $18,000 FROM THE SOLID WASTE DISPOSAL SITE FUND FOR THE ACQUISITION AND PLACEMENT OF AN ACCESS BRIDGE AT THE UKIAH LANDFILL, AND AWARD BRIDGE FABRICATION TO SKIP GIBBS COMPANY, INC., AT A COST OF $12,834 Submitted for the City Council's consideration and approval is a requested expenditure of $18,000 from the Contractual Services Account within the Solid Waste Disposal Site Fund for the acquisition and placement of an access bridge at the Ukiah Landfill. The bridge is needed to provide safe access to groundwater Monitoring Well No. 92-3 which is located on the north bank of the intermittent creek running along the northern toe of the footprint. Currently there are two utility poles which span the creek and have been used cautiously by the field personnel from the testing laboratory. The field testing personnel have requested that the City provide safe access across the creek. It is appropriate that the City provide access which meets OSHA requirements. It is not possible to access this bridge from the north side of the creek because of the steep topography and very heavy vegetation. CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. Approve the expenditure of $18,000 from the Solid Waste Account 660.7301.250.020 for the acquisition and placement of an access bridge at the Ukiah Landfill. 2. Award bridge fabrication to Skip Gibbs Company, Inc., at a cost of $12,834. ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize expenditure. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Quotation from Ski Gibbs Company, Inc. 2. Quotation from Steadfast Bridges. 3. Notice of Completion for Gas Extraction Project funded from Account No. 660.7301.250.020. 4. Purchase Order for Professional Services funded from Account No. 660.7301.250.020. 5. Site Location Map. APPROVED:~~-'~i~'~~ ~ Candace Horsley~ C~ty Manager R: 1 \LAND FILL:kk AGIBBS Approve the Expenditure of $18,000 from the Solid Waste Disposal Site Fund for the Acquisition and Placement of an Access Bridge at the Ukiah Landfill, and Award Bridge Fabrication to Skip Gibbs Company, Inc., at a Cost of $12,834 May 6, 1998 Page 2 City Staff have received price quotations from two bridge suppliers. Skip Gibbs Company, Inc., of Redwood Valley provided quotes for a 61 foot and 42 foot bridge at $12,833.82 and $5,362.20 respectively, delivered to the site. Steadfast Bridges provided a quote of $19,807 for a 50 foot bridge delivered to the job site. The prices quoted from Skip Gibbs Company, Inc., do not include oversize load escort vehicles, placement of the bridge with crane and any footing work. The quotation from Steadfast Bridges does not include sales tax, unloading, erection, and footing system. Site conditions at the proposed creek crossing require at least a 60 foot bridge, and therefore, Staff recommends that Skip Gibbs Company, In¢., be selected for the fabrication and delivery of a Model G61 Railspan bridge in accordance with their quotation of March 24, 1998, at the cost of $12,834. The Railspan bridge is fabricated from recycled steel flat car modules. Staff is recommending that an allowance of at least $5,000 be established for the rental of a crane and operator and for the construction of a concrete beam footing along the south bank of the creek. It is requested that the amount of $18,000 from the Landfill Account 660.7301.250.020 be authorized for the funding of this needed project. A balance of 976,782 remains in Account 660.7301.250.020. The gas extraction construction project was completed at a cost of 9157,785, and the amount of 98,433 was encumbered for professional services related to the construction of gas probes, testing, and gas delineation work. RHK:kk R: 1 \I:NV AGIBBS 24 March 1998 Mr. Jim Looney City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Looney: SKIP GIBBS COMPANY, INC. RAILSPANTM/NEWSPANTM STRUCTURES School Way @ RR, P. O. Box 260 Redwood Valley, CA 95470 707 485-5822 FAX 707 485-0860 Thank you for your most recent inquiry into our RailspanTM line of recycled steel flatcar modules for use as bridges. At your request, I have enclosed more information on other bridges similar to your project for which our firm has supplied the superstructures. With over 15 years experience, exclusive to fabricating steel flatcars into quality RailspanTM bridges, our firm has more than 1,000 references in place to date. Please find your estimate following: RailspanTM Bridge · RailspanTM model G61 (61'-4" x 8'-2") with steel grate & 1/4" steel diamond plate decking material. · Pedestrian hand rail, consisting of TS 2-1/2" x 2-1/2" posts @ 8'-0" max. on center with (2) TS1-1/2" x 1-1/2" rails, equally spaced horizontally. Complimentary painting of all newly fabricated steel with heavy duty shop primer. Flatcar sidesills, and railings to be painted with high quality industrial strength enamel, normally green, brown, or tan. (1) ea. Delivery to City of Ukiah landfill site, F.O.B., not including oversize load escort vehicles, where required by law. $12,000.00 Tax $833.82 TOTAL $12,833.82 Subject to prior sale, deposit required to reserve bridge $0,00] General Notes' 1. No engineering included. 2. No substructure work included. 3. No unloading/placing of structrure included. Gibbs, Skip Gibbs Company ALL ESTIMATES ARE SUBJECT TO AVAILABILITY OF PRODUCT AT TIME OF PURCHASE. A CONFIRMED ORDER WITH A DEPOSIT OF 50% RESERVES BRIDGE MODULE(S), All flatcars sold "AS IS", without warranty as to condition of flatcar or fitness of flatcar for buyer's intended use. We are happy to offer personal opinion on utilization of these flatcars, however each application is unique and specific questions should be referred to a competent professional familiar with buyer's site. When flatcars are used as bridges, we strongly advise (1) driven piling or reinforced concrete supports for flatcars and (2) guardrails, including approaches and (3) safe pedestrian handrailing. Bridges are installed in an active environment and require constant, diligent observation and maintenance. Buyer hereby agrees to hold harmless and indemnify seller against any claim relating to the use of these flatcars. RAILSPAN'* · NEWSPAN'~ · SKIP GIB RECYCLED FLATCAR BRIDGES WEATHERING STEEL BRIDGES BS COMPANY Four of our railcars cross the Santa Fe mainline and the original Santa Fe trail! 170' x 26', 42' above ground. Trinidad, Colorado. Sustainable engineering: the City of Newport Beach chose our recycled steel flatcar package for this bicycle bridge 115' x 17'. Logging companies know our flatcar bridges mean savings in timber harvest costs. Latour State Forest, California. _~ ~' ()9('8()-9~'~ LOL XVzI EEgg<5817 LOL 0LP;36 VD ,%IIP. A poo,~pa~I 09E xoH 'O'd 'o9 sqq!D dptS 966I @ SKIP GIBBS COMPANY, INC. RAILSPAN~M/NEWSPANTM STRUCTURES School Way @ RR, P. O. Box 260 Redwood Valley, CA 95470 707 485-5822 FAX 707 485-0860 Mr. Jim Looney City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Looney: Thank you for your recent inquiry regarding the use of our steel recycled flatcar modules for quality Railspan TM bridges. After your visit here, we completed a quote for your bridge project using the 42' flatcar beam, with steel diamond plate deck and light pedestrian rail. Please find that quote following: Pedestrian access bridge · 1 ea. RailspanTM type TB flatcar, one half section 42"-0" long x 40" wide, including 1/4" steel diamond plate deck · Typical pedestrian hand railing, consisting of TS 1-1/2" x 1-1/2" x .188" posts, and (2) TS 1-1/2" x 1-1/2" x .188" rails. · 1 ea. Delivery to site, F.O.B., not including oversize load escort vehicles, where required by law. Tax Total Deposit required to begin fabrication $5,020.00 $342.20 $5,362.20 $0-001 This quote does not include engineering, substructure work or unloading. The weight of the structure is 13,000#- 14,000# Katie Gibbs, Skip Gibbs Company Terms: Purchase order, Payment Net 30 ALL QUOTES ARE SUBJECT TO AVAILABILITY OF PRODUCT AT TIME OF PURCHASE. CONFIRMED ORDER WITH A DEPOSIT OF 50% RESERVES BRIDGE MODULE{S). All flatcars sold "AS IS", without warranty as to condition of flatcar or fitness of flatcar for buyer's intended use. We are happy to offer personal opinion on utilization of these flatcars, however each application is unique and specific questions should be referred to a competent professional familiar with buyer's site. When flatcars are used as bridges we stronglyadvise (1) driven piling or reinforced concrete supports for flatcars and (2) guardra s, including approaches and (3) safe pedestrian handrailing. Bddges are installed in an active environment and require constant, diligent observation and maintenance. Buyer hereby agrees to hold harmless and indemnify seller against any claim relating to the use of these flatcars. I~ Please sign and return one copy with deposit. Thank you! ACCEPTED BY: DATE: City of Ukiah YOUR PO#: FF,'.OH · Sl:.~-,_~.d.f'~.st. PHONE I'.,10. · 2l..-'15 '-'.' ~' o4._.~ 9750 I'.I~R. 18 199S 0~.;~51::'l.'1 DATE; TO: ATN: FAX: A DMSION OF BILTOLAST PflODIJC'I INC. MARCH 16, 1998 CiTY OF UKIAH JIM LOONEY 707-463-6234 We are pleased to quote you a price on the Steadfast Bddge described below. The floor will be number one pressure treated Southern Yellow Pine. This bridge will be sandblasted and painted with one coat of primer and two coats of rust inhibitive enamel. All Steadfast Bridges carry a 10 year limited warranty. Shop drawings signed and sealed by a Professional Engineer registered in the State of California are included. Location: UKIAH, CALIFORNIA Bridge Type: "CONNECTOR" Width in feet Span in feet Type steel Type floor Floor thickness Field splice Number of pieces Dead Load PSF Live Load PSF Vehicle Load LBS. Lifting Weight LBS.. Vert. abutment load KIPS Horiz. abutment load KIPS Truss height in feet Interior panel points Toe plates Railing height Maximum rail openings 50'-0" A572 PAINTED WOOD 3" NO 1 3O 85 6,OOO 10,172 17.3 4.1 5.5 8 NO 54" 6" Teflon slip pads and setting plates are shipped with bridge. Bridge cost delivered Delivery: 12 to 14 weeks (delivery to nearest location easily accessible to over-the-road trucks). Anchor bolts, sales tax, unloading, erection, supports, and abutment designs not included. Terms: 1/3 down, balance 20 days al[er delivery, pending credit approval. Please call if you have any questions (800-749-7515). National Sales Manager -'~-'-~ %~ ................... 7 '_-: '_% *'~ -~.......: ........... ,,. P O. Box 806 · 119 40th Street NeE, · Fort Payne, Alabama 35967 · 800-749-7515 · FAX 205-845-9750 ITEM NO. 6j DATE:~MARCH 15, 1 AGENDA SUMMARY REP RT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE PERIMETER GAS EXTRACTION PROJECT, SPECIFICATION NO. 97-06 The work of the contract was completed by Environmental Resolutions, Inc., in substantial conformance with the approved plans and specifications. The majority of the project was completed by November 30, 1997, however, there were unresolved issues regarding final pay quantities, final equipment testing, and improperly working condensate return pomp. The final testing of pipe mains and equipment have been satisfactorily completed and the condensate return pump has been serviced and is currently in proper working order. A Change Order in the amount of $488.00 has been approved by the City Engineer which should resolve the issue regarding final pay quantities. CONTINUED ON PAGE 2. RECOMMENDED ACTION: I · 0 City Council accept the work as complete. Direct the City Clerk to file the Notice of Completion with the County Recorder for Construction of the Perimeter Gas Extraction Project at the Ukiah Landfill, Specification No. 97-06. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Appropriation Requested: N/A Citizen Advised: Requested by:. Prepared by: Coordinated with: Attachments: Account No.: (if budgeted) 660.7301.250.020 N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Notice of Completion· 2. Semi-final pay estimate. 3. Contract Change Order Nos. 1 and 2. 4. Correspondence to Mendocino County Air Management District. 5. Current results of Methane Gas Testing. Quality APPROVED: ~ -~k~ ~~_.~ andace Horsier, C-~ty Manager R: 1 ~LANDFILL:kk AENVIRONM ENTAL.RES Approval of Notice of Completion for the Construction of the Perimeter Gas Extraction Project- Specification No. 97-06 March 18, 1998 Page 2 The Nlendocino County Air Quality Management District was notified that the perimeter gas extraction system became operational on November 21, 1997. Subsequent to the initial start-up date the system was shut down twice to make repairs or to perform final testing of the system. The results of the initial stack testing performed by the City's gas consultant was submitted to the Air District on December 23, 1997 and on February 10, 1998, the Health Risk Assessment conducted on the gas effluent was submitted as well. The excess cancer risk for the effluent from the gas extraction has been calculated to be 2.2 in a million which is lower than the District's permitted limit of 10 in a million for the nearest receptor. Current test results in the former violation area of gas monitoring Well No. 4 indicate that methane levels below the surface of the ground are below the allowed 5% compliance level. The final construction contract amount is $157,784.80. Two Change Orders in the total amount of $2,338 were issued. The original contract amount was $161,485.21 and it was based on estimated bid item quantities. The amount budgeted in the 1997/98 budget for both the design work and construction work was $243,000. After 30 days from the date of the Notice of Completion has been recorded, the retention in the amount of $15,729.68 will be paid if there are no stop notices received because of non-payment of materials, equipment or subcontractor services. As soon as the piping covered in Change Order No. ;2 is delivered, the amount of $488 will be paid. R:I~LANDFILL AENVIRONM ENTAL.RES FILE ]~17025 UKIAH, CALIFORNIA 95~;82 PHONE (707) 463-6233 FAX (707) 4.62-4281 DATE No. 29095 '7/16/97 F' L LAWaENCE & ASS(X:IATES 2001 Ma~et st., ~ 523 ~c~t.f. ag, C~ 9~001 DELIVER TO ACCOUNT QUANTITY DELIVERY DATE SUBMIT DUPLICATE INVOICES TO: PURCHASING DEPT. 1320 AIRPORT RD. PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND PACKAGES. 660-7301-25~ 020 DESCRIPTION ~rovi~e ProEessional Serv&ces related to the c~st of t~ ~dftll ~ Pr~s & testing of e~racted gu ~s~t to ~o~1 dated 5/5/97, If needed & re~ate~ ~rfo~ ~ ~l~at~ ~rk as outl~d ~~t~ for ~f~e off In ~n~t~ for the c~st~ct~ of ~e t~ pro~s & ~st~g o.f gas ~~t~ for No other terms and conditions will be accepted unless agreed to and signed by both parties. UNIT PRICE APPL. TAX TOTAL TOTAL 8~433.00 PURCHASING/WAREHOUSE SUPERVISOR PURCHASING AGENT / / U30 z 0 O00L9 3'"'~ ooggg 3 0 z 00099 3 OOg9g 3 O0~6g 3 00506 3 CITY OF UKIAH FIGURE SOLID WASTE DISPOSAL SITE STORM WATER CONTROL FACILITIES 2 1-21-93 385FIG2.DWG ITEM NO, 6 h DATE' May 6_. 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF ACRYLIC DISPLAY CASES FOR GRACE HUDSON MUSEUM FROM BAKA PRODUCTIONS IN THE AMOUNT OF $6,233.25 As required by Section 1522 of the Municipal Code staff is filing with the City Council this report regarding the purchase of acrylic display cases for the Grace Hudson Museum. The bid for the cases was completed by sole source to Baka Productions of San Francisco due to the specialty nature of the cases. The total cost including sales tax and delivery is $6,233.25. This purchase is budgeted in Account No. 143.6165.800.000, the Institute of Museum and Library Services Grant. RECOMMENDED ACTION: Receive Report of Purchase ALTERNATIVE COUNCIL POLICY OPTIONS- 1. N/A Citizen Advised: N/A Requested by: Prepared by: Larry W. DeKnoblough, Community Services Director~-u'~ © Coordinated with: Nora Kennedy, Purchasing Supervisor Sherrie Smith-Ferrie, Acting Museum Director Candace Horsley, City Manager Attachments: 1. Baka Productions Bid Sheet APPROVED' _ ~Cand~ce ~orsley, City[~Manager Id2 baka. asr APR--E~E.--'9:_--: ~'-~2:55 Phl EI]_~41=:BOTT 4E.]' E. 422 F'.Oi b a k s productions 415 468 8090 5 April 1998 Sherrie Smith-Ferri Grace Hudson Museum 431 South Main Street Ukiah CA 95482 Qty Description One One Three One One One 1/4" clr acrylic case, Rye sided w/access door @ rear. Approx.: 50 "× 50" x 90" Ht Provide (3) three 3/8" clr shelves and all hardware. Pedestal Base: 3/4" wheatboard, 3/4" plywood, I:)rlmed. Final 11nlsh N.I.C, 1/4" clr acrylic case. Five sided 29-7/8" x 29-7/8"x 30" Ht 1/4" Clr acrylic case. Five §ided 22"x 2~2" x 30" Ht 1/4" clr acrylic case. Five sided 22"x 22"x 20" Ht 1/4" clr acrylic case. Five sided 8"x 8"x 18" Ht (wall mounting) Provide backing board w/cleat Terms: 50% deposit. Remaining balance due upon completion. proposal 1785 egbert ave san francisco ca 94124 fax,' 415 468 8093 e-mall: big baka@aol.com Re: Acrylic Cases Revision//2 Coat Amount $ 2700.00 $ 2700.00 $ 830.00 $ 630.00 $ 385.00 $ 1155.00 $ 380.00 $ 380.00 · $ 360.00 $ 360.00 $ 225.00 $ 225.00 Sub-total $ 5450,00 Sales tax $ 463.25 Sub-total $ 5913.25 Delivery $ 320.00 Total $ 6233,25 Delivery for 6 May 1998 ACCEPTED. date' DATE: May 6.1998 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ADJUSTING RESTRICTED PARKING ON THE 200 BLOCK OF NORTH MAIN STREET, 100 BLOCK OF EAST SMITH STREET, AND EAST STANDLEY STREET BETWEEN MASON AND MAIN STREETS. In response to parking needs expressed by business owners with rear business entrances on Main Street, staff is proposing to increase the restricted time allowed for parking on the West side of the 200 block of North Main Street, 100 block of East Smith Street, and East Standley between Mason and Main Streets. These locations are adjacent to Municipal Parking Lot "C" which has recently been converted to County employee parking. The proposed adjustments will provide additional business employee and long term customer parking, which has been diminished by the recent influx of County employees. Should the Council approve the proposed adjustment, the time limit on the Main Street location will increase from the current 90 minutes to two hours. This change will affect the west side of the 200 block of Main Street only and includes a total of 3 unmetered spaces. The Standley Street adjustment will increase the time limit from 2 hours to 5 hours and will include the eleven metered spaces located along the north side of the street only. The 100 block of East Smith is located between State and Main Streets and includes three unmetered spaces. Staff is recommending increasing the time limit in this location from 90 minutes to 2 hours. A map illustrating the proposed changes is attached for the Council's review. Continued on pg. 2 RECOMMENDED ACTION: Adopt Resolution adjusting restricted parking on the west side of the 200 block of North Main Street, 100 block of East Smith Street, and East Standley between Mason and Main Streets. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Resolution requires revision and adopt as revised. 2. Determine adoption of resolution is inappropriate at this time and do not move to adopt. Citizen Advised: Prepared by: Coordinated with: Attachments: Adjacent Businesses , Larry W. DeKnoblough, Assistant Redevelopment Director ),- ~''''' ~ Candace Horsley, City Manager 1. Diagram of Proposed Revisions 2. Draft Resolution APPROVED~ ~F'-~ Candace Horsley, y Manager LD2 Parldng2.ASR The proposed changes are the first phase of a number of revisions to the Parking District regulations which staff will be recommending to the City Council over the next few months. Staff will be meeting with representatives of the Mendocino County Board of Supervisors and the County Courts in an effort to develop an agreement for jury parking and parking Distdct fees and fines are being reviewed for future revisions. The purpose in bringing these revisions to the City Council at this time is to provide a timely and necessary response to the needs of businesses currently located in the downtown. As the Parking District undergoes various revisions, such as the agreement which provided County employee parking, additional adjustments will be required to meet the changing needs of business as well. Staff has discussed the proposed changes with the businesses in the area of Lot C and believes these revisions will respond to the needs expressed by those businesses. Staff is therefore recommending adoption of the attached Resolution. 0 Z ,,I,~I~/NIIAi~lCJ ., , . .. NOSN~Hd~IS .. HO~NHO SNI3'II:i3d r,n -~ ::::i::~i'~:""~"'~i~f:~: o ITl !i~!:0 !0 iiii!;;~ 0 :::::::~ ~ :::ii!i! : ::::;: :,1, :1.~..~.:: :'::;: ,. i A~IN3H iLIIIIII i~, ....... ' .... ~ ill ,rllrl' ii ii i ,. ., iii ii Jif' o. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING RESTRICTED PARKING IN THE 100 BLOCK OF EAST SMITH STREET, 200 BLOCK OF NORTH MAIN STREET, AND THE NORTH SIDE OF STANDLEY STREET BETWEEN MASON AND MAIN STREETS WHEREAS, the City Council of the City of Ukiah is authorized by Municipal Code Section 7160 to establish and periodically adjust restricted parking within the City of Ukiah; and WHEREAS,; in order to better coordinate parking within the Downtown such periodic adjustments are necessary in order to respond to changing conditions and the needs of business; and WHEREAS, the increased demand for employee and long term customer parking has been expressed by business in certain areas of the Downtown. NOW, THEREFORE, be it resolved that the City Council of the City of Ukiah hereby adjusts the restricted parking in the 100 block of East Smith Street from 90 minutes to 2 hours, the west side of the 200 block of North Main Street from 90 minutes to 2 hours, and the North Side of Standley Street between Mason and Main Streets from 2 hours to 5 hours. PASSED AND ADOPTED this 6th day of May, 1998, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk LD2 Resolution No. Page 1 of 1 AGENDA SUMMARY Sa ITEM NO. DATE: May 6, 1998 REPORT SUBJECT: ADOPTION OF RESOLUTION AMENDING THE GENERAL PLAN LAND USE DESIGNATION FOR THREE PARCELS AND INTRODUCTION OF AN ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE TEN PARCELS OF LAND ALONG NORTH OAK STREET SUMMARY: This staff initiated General Plan amendment and rezoning project is a result of the direction given by the City Council last November. At that time, staff initiated a rezoning project to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. Two (2) of the parcels were located at 302 West Henry Street and 460 Oak Street, and were being used as a professional office and plant nursery respectively. The General Plan had designated them as "LDR" (Low Density Residential), and their assigned zoning classification was "C-1" (Light Commercial). This necessitated the proposed November, 1997 rezoning from "C-1" to "R-I" (Single Family Residential). The Planning Commission and staff recommended that the City Council rezone the parcels to "R-I" to be consistent with the General Plan. However, after considerable public testimony and discussion, the City Council unanimously agreed that the "R-I" Zoning Classification was not appropriate for the two (2) parcels, and directed staff to explore the possibility of assigning the "C-N" (Neighborhood Commercial) classification. (continued on page 2) RECOMMENDATION: 1) Conduct a public hearing; 2) Adopt the Negative Declaration; 3) Adopt the Resolution amending the General Plan Land Use Designation for three (3) parcels of land; and 4) Introduce by title only the Ordinance amending the City Zoning Map to rezone ten (10) parcels of land. ALTERNATIVE COUNCIL POLICY OPTION' 1. Do not adopt the Resolution or introduce the Ordinance, and provide direction to staff. Citizen Advised: All affected property owners individually noticed, and a legal notice published in the Ukiah Daily Journal according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: . . 4. 5. 6. Negative Declaration/Initial Study Resolution amending the General Plan Land Use Designation for three (3) parcels of land. Ordinance rezoning the ten (10) parcels of land. Planning Commission Staff Report, dated March 25, 1998 Planning Commission minutes, dated March 25, 1998 Correspondence received from Mr. Frank Bacik, dated March 17, 1998 APPROVED: Candace Horsley, Cit~Manager . . . Moreover, the Council directed staff to look at an even broader area, and examine the feasibility of establishing a small "C-N" zoning district along North Oak Street. Additionally, they asked staff and the property owner of the subject parcels to explore the possibility of resolving apparent parking issues associated with the professional office use, and more specifically, to investigate the possibility of absolving the parking variance granted for the use by the City Council. PROJECT DESCRIPTION: This General Plan amendment and rezoning project would establish a "Neighborhood Commercial" Zoning District along North Oak Street between Smith Street on the south and Gibson Creek on the north (see map on page 4 of this Staff Report). In order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. DISCUSSION: After receiving the City Council's direction to explore the possibility of establishing a small Neighborhood Commercial Zoning District along North Oak Street, staff conducted an intensive field survey to define the current uses of property in the vicinity, and to determine whether or not a "C-N" Zoning District made sense. Based upon this field analysis, staff identified a number of issues: 1. "C-N" District Boundaries Staff found ten (10) parcels along North Oak Street that seemed to define a transition area between the intensive "C-1" zoning to the east and south, and the "R-I" neighborhood to the north and west. Extending the district beyond these boundaries would capture parcels outside this apparent transition area, and therefore would be inappropriate. Three (3) of the parcels are being used as professional offices converted from single family residences; one (1) is developed with a church; one (1) is a professional office converted from an auto dealership; one (1) is vacant; and four (4) are developed with single family residences. This mix of Iow intensity residential and commercial land uses fulfills the purpose and intent of the Neighborhood Commercial Zoning District. Impact on Sinqle Family Residential Neiqhborhood to the West It is doubtful that the application of the "C-N" Zoning District to the ten (10) parcels would have an adverse impact on the single family residential neighborhood to the west, because the allowed uses in the district are intended to be compatible with "R-I" neighborhoods. Additionally, any permitted use in the "C-N" district would require discretionary review, and if a proposed use was found to be incompatible, it could be disapproved by the City. The Potential Creation of Non-Conforminq Land Use~ Based on our field investigation, rezoning the parcels to the "C-N" Zoning Classification would not create legal non-conforming land uses. It appears that all the affected parcels that are developed are being used consistent with the allowed and permitted land uses listed for the "C-N" District. The Neighborhood Parkinq Issue The City Council directed staff to work with the property owner of the subject parcels to improve an apparent parking problem associated with the professional office use. Specifically, they asked staff to work with the property owner to explore the possibility of merging the two (2) parcels and creating on-site parking, and therefore facilitating the voluntary relinquishment of the previously approved parking variance. Staff explored this issue with the property owner's attorney, who formally responded in a letter to staff, dated March 17, 1998 (attached). For a variety of reasons, the property owner is unwilling to merge the two separate parcels or absolve the variance. It is interesting to note that a new future use of the professional office building involving discretionary review, would be required to provide on-site parking. Accordingly, any buyer of the larger parcel should seriously consider the simultaneous acquisition of the smaller parcel to the north for the creation of on-site parking spaces. PLANNING COMMISSION RECOMMENDATION: On March 25, 1998, the City Planning Commission conducted a public hearing to consider the General Plan Amendment and Rezoning project. After substantial public testimony expressing opposition to the proposal, the Planning Commission voted 4-1 to recommend that the City Council not amend the General Plan or rezone the subject parcels. The Commission held to their earlier recommendation to rezone the Apfel parcels at 302 West Henry and 460 North Oak Street "R-I" consistent with the Low Density Residential General Plan land use designation. While expressing concern regarding the current "C-1" zoning along North Oak Street, they did not formulate a recommendation to rezone these parcels. CONCLUSIONS: Staff is proposing this General Plan amendment and rezoning project to follow through on direction given by the City Council to explore the possibility of establishing a Neighborhood Commercial Zoning District along North Oak Street. Based on a detailed survey of the neighborhood, staff has identified a ten (10) parcel area that is uniquely situated between the high intensity commercial land uses along North State Street and the Iow intensity residential neighborhood to the west. Staff is able to conclude that this assemblage of parcels fulfills the purpose and intent of the "C-N" Zoning District, and accomplishes the direction and task assigned by the City Council. However, based upon the concerns expressed by nearby property owners, the Planning Commission expressed opposition to the proposal, and is recommending that the General Plan not be amended, and that the Apfel Parcels be rezoned to "R-1 ," as originally recommended last November. STAFF RECOMMENDATION: Staff stills concludes that the "C-1" zoning along this stretch of North Oak Street is highly inappropriate. While we believe that the residents in the area, as well as the Planning Commission have made a compelling argument for rezoning the Apfel parcels to "R-I" consistent with the direction contained in the General Plan, we acknowledge the City Council's previous conclusions and unanimous direction to initiate this "C-N" Zoning District project. Therefore, we are recommending that the Council take action to establish the proposed ten (10) parcel "C-N" Zoning District along North Oak Street. Alternatively, if the City Council now concludes that the Apfel parcels should be rezoned to "R-1 ," staff recommends that the remaining eight (8) parcels be rezoned to the "C-N" Zoning Classification. iJ IM~'H ST~ET General Plan Amendment. 'L.DR" to 'C" and Rezoning to 'C.N~ APN 002-175-O5 Apfel APN 002-175-06 Apfel APN 002-176-07 First Bapbst Church of Uldah _Rtzonin~ From 'C-1' (Ught C~nmerclal) to APN 002-182-13 Redwood Legal Assistance APN 002-182-15 Woodlief APN 002-182-17 Coots APN 002-182.18 MendocinoA. ake County'Medical Society APN 002-183-01 P. Jck~ll APN 002-18,.t-02 Azzaro APN 002-183.04 RJc~on CITY OF UKIAH NEGATIVE DECLARATION DATE: APPLICANT: PROJECT: LOCATION: March 2, 1998 City of Ukiah - Planning Department North Oak Street General Plan Amendment and Rezoning Located along North Oak Street between Smith Street on the south and Gibson Creek on the north. DESCRIPTION OF PROPOSAL: The project involves the establishment of a "Neighborhood Commercial" Zoning District along North Oak Street between Smith Street on the south and Gibson Creek on the north, in order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. The following parcels would be affected by the project: General Plan Amendment. "LDR" to "C" and Rezoning to "C.N": APN 002-175-05, 6 and APN 002-176-07; Rezoning From "C-1" (Light Commercial)to "C-N": APN 002-182-13, 15, 17 and 18; APN 002-183-01, 02, and 04. ENVIRONMENTALSETTING: The project area is densely developed with urban land uses, and is devoid of sensitive environmental habitats. ENVIRONMENTAL ANALYSIS: Staff did not identify any potential environmental impacts resulting from the project, and therefore concluded that a Negative Declaration is appropriate for the project. FINDINGS SUPPORTING A NEGATIVE DECLARATION: . o . Based upon the analysis, findings, and conclusions contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment. 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. 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. 4. Based upon the analysis, findings, and conclusions contained in the Initial Study, the project will not result in environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. ) , STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that there is no substantial evidence that the project will have a significant adverse impact on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This Negative Declaration and associated Initial Study may be reviewed at the Ukiah branch of the Mendocino County Library at 105 North Main Street, Ukiah, or at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. (707) 463- 6200. ~~, .~ior Piann~/Envir~oordinator POTENTIAL ENVIRONMENTAL IMPACTS BACKGROUND INFORMATION 1. Name of Project Proponent City of Ukiah Planning Department 2. Address of Project Proponent 300 Seminary Avenue, Ukiah Name of Project North Oak Street Rezoninq Assessom Parcel Number(s) 002-175-05,06; 002-176-07; 002-182-13; 002-182-15; 002-182-17; 002-182-18; 002-183-01; 002-183-02; 00:2-183-04 Date of Initial Study Preparation March 2, 1998 Name of Lead Agency Ukiah Planning Department Address and Phone Number of Lead Agency 300 Seminary Avenue, Ukiah (707) 463-6200 e 1 e Se e Se Brief Project Description ~'see attached) g. Person Responsible for Preparing Initial Stud~ North Oak Street General Plan Amendment/Rezonlng INITIAL STUDY PROJECT DESCRIPTION North Oak Street Rezoning The project involves the establishment of a "Neighborhood Commercial" Zoning Distdct along North Oak Street between Smith Street on the south and Gibson Creek on the north. In order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on ali ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. The proposed boundaries of this small "Neighborhood Commercial" Zoning District, and the affected parcels are depicted on the map on page 4 of this Initial Study. The following parcels would be affected by the project: General Plan Amendment - "LDR" to "C" and Rezoning to "C-N" APN 002-175-05 APN 002-175-06 APN 002-176-07 Apfel Apfel First Baptist Church of Ukiah Rezoninc~ From "C-1" (Light Commercial)to "C-N" APN 002-182-13 APN 002-182-15 APN 002-182-17 APN 002-182-18 APN 002-183-01 APN 002-183-02 APN 002-183-04 Redwood Legal Assistance (rezoning from "C-1" to "C-N") Woodlief Coots Mendocino/Lake County Medical Society Riddell Azzaro Richardson North Oak Street General Plan Amendment/Rezoning INITIAL STUDY 2 crrY OF UKIAH CMC CD,q'ER North Oak Street General Plan Amendment/Rezoning INITL&L STUDY North Oak Street . C-N (Neighborhood Commercial)Zoning District SICTH North Oak Street General Plan Amendment/Rezoning INITIAL ~TUDY ENVIRONMENTAL CHECKLIST FORM WILL THE PROJECT RESULT No Not Signlfican; Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts ENVIRONMENTAL EFFECTS' M~Ugated Apparent · Mitigation 1, EARTH: ,. in geologic structures. b. Disruptions, Displacements, [~ Compaction, or overcovering of soil.__ [~ [~ [~ ~ c. Change in topography or ground [~ surface relief features.__ [~ [~ [~ [~ d. The destruction, covering, or ~ modification of any unique geologic or'1~ [~ [~ [~ [~ physical features. e. Any increase in wind or water erosion [~ [~l [~ [~ [~ of soils, either on or off the site. f. Changes in deposition or erosion of beach sands, or changes in siltation, ~ deposition, or erosion that may ~' [~ [~ [~ [~ modify the channel of a river, stream, inlet, or bay? g. Exposure of people or property to ~ geologic hazards such as~ [~ [~ [~ [~ earthquakes. 2. AIR: a. Substantial air emissions or [~ [~ [~ [~' j~ deterioration of ambient air quality. b. The creation of objecfional odors. [~ [~ ~ [~ [~ c. Alteration of air movement, moisture, [~ [~ [~ [~ [~ or temperature, or any change in cJirnate, either locally or regionally? North Oak Street General Plan AmendmentJRezoning INITIAL STUDY No Not Significant Significant Cumulative Significant Unless No Impacts Mitigated Apparent Mitigation 3. WATER: a. Changes in the currents, or the course of water movements, in either fresh or marine waters. b. Changes in the absorption rotes, drainage patterns, or the rate and amount of surface runoff. c. Alterations to the course or ftow of flood waters. d. Change in the arnount of surface water in any water body. e. Discharge into surface water, or any including but not limited to temperature, dissolved oxygen or turbiditT. ,. Alteration of the direction or rate of flow of ground water. g. Change in the quantity of ground water, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. h. Change in the quality of ground water. i. Substantial reduction in the amount of water otherwise available for public water supplies. J. Exposure of people or property to water related hazards such as . flooding or tsunamis. ,) North Oak Street General Plan AmendmenURezonlng INITIAL STUDY 6 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 4. PLANT LIFE: a. Change in the diversity of species, or including trees, shrubs, grass, crops, and aquatic plants. · b. Reduction of the numbers of any unique, rare, or endangered species of plants. c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species. d. Reduction in acreage of any agricultural crop. 5, ANIMAL LIFE: a. Change in the diversity of species, or number of any species of animals including birds, land animals, reptiles, fish, insects, and bethnic organisms. b. Reduction in the number of any unique, rare, or endangered species of animals. animals into an ama, or in a barrier to the migration or movement of animals. d. I::)eteri~ration of existing fish or wildlife habitat. North Oak Street General Plan AmendmenURezoning INITIAL ,STUDY 7 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 6. NOISE: a. Increase in exbting noise levels. [~' [~ [~ [~ [~ b. Exposure of people to severe noise .ve's. Ct 7. LIGHT AND GLARE: b. Reduction of solar exposure or adverse impacts to existing solar ~ ~ ~ ~ i~ collection facilities. 8. LAND USE: a. Substantial alteration of the present [~ [~1 I~1 ~ l~ or planned land us, of a given ama. , 9. NATURAL RESOURCES: ,) natural resources, North Oak Street General PLan AmenclmenURezoning INITIAL STUDY 8 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts ENVIRONMENTAL EFFECTS' Mitigated Apparent Mitigation 10. RISK OF UPSET: a. A risk of an explos~un or the release of hazardous substances, (including [~ J~ J~ ~ ~ oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. b. Possible interference with an emergency response plan o,r [~ [~ [~ ~ [~ evacuation plan. ( 11. POPULATION: a. Alterations in the location, distribution, [~ [~1 ~ [~ ~ density, or growth rate of human populations. 12. HOUSING: , a. VV~,I the proposal effect exbting J~ ~ ~ ~ ~ housing or create a demand for new housing? North Oak Street General Plan Amendment/1Rezoning INITIAL ~¥UDY WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 13. TRANSPORTATION: ,. Generation of ,ubstantia, additiona, !~ ~ ~ !~ E~ vehicular movement? b. Effects on existing parkir~g facilities. [~ [~ [~ Q [~ or demand for new parking facilities? transportation systems? d. Alterations to present patterns of circulation or movernent of people [~ [~1 [~1 [~l [~l and/or goods? traffic? v~hi¢le$, bic-y¢li$~ or I~trian~? North Oak Street General Plan Amendment/Rezonlng INITIAL STUDY 10 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 14. PUBLIC SERVICES: a. Will the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 1. Fire protection? !~ !~ I~ !~ !~ 4. Parks & recreation facilities? [~ [~ [~ [~ [~ 15, ENERGY: ~nergy? B. Substantial increase in d~mand upon existing sources of energy, or require ~ I~ I~1 ~ ~ · the development of new energy sources? North Oak Street General Plan AmendmenURezonlng INITIAL STUDY '11 WILL THE PROJECT RESULT NO Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts ENVIRONMENTAL EFFECTS: Mitigated Apparent Mitigation 16. UTILITIES: a. Will the projec~ result in a need for new systems or substantial alterations to the following: 1. Potable water? [~ [~ [~ [~ [~ 17, HUMAN HEALTH: potential health hazard? b. Exposure of people to any existing health hazards? [~ ~ ~ ~ 18. AESTHETICS: a. Obstruction of any scenic vista or aesthetically offensive site open to public view? North Oak Street General Plan AmendmenURezoning INITIAL STUDY 12 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING significant unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 19. RECREATION' upon the quality or quant~ of [~'~ existinglmpact recreational opportunP,,ies? [~ [~ [~ [~ a. 20. CULTURAL RESOURCES: .. Alteration or destruction of a [~ [~ [~ [~ [~ prehistoric or historic archaeological site? b. Adverse physical or aesthetic effects [~ [~ [~ ~ [~ to a prehistoric or historic building or structure? effect the unique ethnic cultural values? North Oak Street General Plan AmendmentJRezoning INITIAL STUDY 13 le 0 e DISCUSSION OF POTENTIAL IMPACTS: · It is not anticipated that the proposed General Plan amendment and rezoning project would have an adverse effect on the environment for the following reasons: a. The majority of the parcels are fUlly developed with commercial land uses allowed or permitted in the "C-N" zoning district. bo The proposed project represents a "downzoning" that would reduce the future commercial development opportunities on the affected parcels, as well as eliminate the possibility of the high intensity commercial land uses that are allowed or permitted under the current "C-1" (Light Commercial) zoning classification. The project area is densely developed with urban land uses, and there are no sensitive environmental habitats present. DISCUSSION OF POTENTIAL CUMULATIVE IMPACTS: It is not anticipated that the project will have adverse cumulative impacts on the environmental, because "C-N" type commercial development is already existing on the majority of the subject parcels, and has been assumed to eventually occur on the single family residentially developed parcels in City General Plan, as well as in its associated environmental document. CONCLUSIONS' After careful review and analysis, staff is able to conclude that the proposed General Plan amendment and rezoning project will not have significant adverse impacts upon the environment. MANDATORY FINDINGS OF SIGNIFICANCE: Potential to degrade: Does the project 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 species, or eliminate important examples of the major periods of California history or prehistory? YES ~ NO North Oak Street General Plan AmendmenURezoning INITIAL STUDY 14 be Short Term: Does the project have the potential to achieve shod-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future). YES [~ .o Ce Curnu/ative: Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is r~elatively small, but where the effect on the total of those impacts on the environment is sigrtificant). YES ~ de Substantially Adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES [~ NO 5. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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 the mitigation measures described within the initial study have will be incorporated into the design of the project or required by the City of Ukiah. A NEGATIVE DECLARATION will be prepared. North Oak Street General Plan AmendmenURezoning INITIAL STUDY 15 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. Senior Planner / Environmental Coordinator Title Charles Stump Print Name Date North Oak Street General Plan Amendment/Rezoning INITIAL STUDY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE CITY GENERAL PLAN WHEREAS, in 1995, the City Council unanimously adopted the revised Ukiah General Plan, which assigned new land use designations to a number of parcels located in the City; and WHEREAS, during the General Plan Rezoning Program in 1996 and 1997, the City Council took a closer took at the land patterning established in the revised General Plan, and determined that the new "LDR" (Low Density Residential) Land Use Designations for Assessors Parcel Numbers 2-175-05, 06 (Apfel- Professional Offices) and 2-176-07 (First Baptist Church of Ukiah) were inappropriate because of the existing development on the parcels, or because of similar land uses on adjacent and nearby parcels; and WHEREAS, as a result of their conclusion that the new "LDR" Land Use Designations for the subject parcels were inappropriate, the City Council directed staff to initiate a General Plan amendment project to reestablish the previous Commercial Land Use Designations; and WHEREAS, the City Council finds that the reestablishment of the previous Commercial Land Use Designation for the subject parcels is consistent with the goals and policies of the plan, because: 1) the parcels qualify for the Land Use Designations according to the siting criteria contained in the Land Use Element of the Plan; 2) the vacant land survey, housing production goals, and over housing mix envisioned for the City are not significantly altered or invalidated; and 3) the reestablished Land Use Designations are consistent with the roadway capacity standards and street classifications articulated in the Circulation & Transportation Element; and RESOLUTION NO.~ Page I of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, the City Planning Department conducted an Initial Study to ascertain if the proposed General Plan Amendment would have significant adverse impacts on the environment; and WHEREAS, based on the analysis contained in the Initial Study, staff is able to conclude that the proposed General Plan Amendment project would not have a significant adverse effect on the' environment; and WHEREAS, based on the conclusions reached in the Initial Study, staff is recommending the adoption of a Negative Declaration for the North Oak Street General Plan Amendment Project. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby amends the General Plan Land Use Map by redesignating APN 2-175-05, 06, and 2-176-07 from "LDR" (Low Density Residential) to "C" (Commercial). PASSED AND ADOPTED this AYES: NOES: ABSTAIN: ABSENT: , by the following roll call vote: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk RESOLUTION NO. Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on ten (10) parcels of land from C-1 (l~ight Commercial) to C-N (Neighborhood Commercial). The property listing and map of the specific parcels involved in this rezoning action are attached as Exhibit "A." SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance with the Ukiah General Plan. SECTION THREE This rezoning action is reasonable and appropriate because it satisfies the direction in the Ukiah General Plan to acknowledge and provide opportunities for mixed residential and commercial land uses, particularly near the downtown core of the City. SECTION FOUR This rezoning action is reasonable and appropriate because the subject parcels and their current uses fulfills the purpose and intent of the C-N (Neighborhood Commercial) Zoning District. SECTION FIVE The City Planning Department conducted an Initial Study to ascertain if the proposed North Oak Street rezoning project would have significant adverse impacts on the environment. ORDINANCE NO., Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION SIX Based on the analysis contained in the Initial Study, staff is able to conclude that the proposed North Oak Street rezoning project would not have a significant adverse effect on the environment. SECTION SEVEN Based on the conclusions reached in the Initial Study, staff is recommending the adoption of a Negative Declaration for the North Oak Street rezoning project. SECTION EIGHT This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION NINE This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following role call vote: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk ORDINANCE NO., .... Page 2 of 2 EXHIBIT "A" ORDINANCE NO. Assessor Parcel Number and Owner Location Existing New Zoning Zoning 002-175-O5 Apfel 002-175-06 Apfel Located along 002-176-07 First Baptist Church of Ukiah North Oak Street 002-182.13 Redwood legal Assistance between Smith C-1 C-N 002.182-15 Woodlief Street on the 002-182-17 Coots south and Gibson 002-182-18 Mendocino/Lake County Medical Society Creek on the 002-183-.01 Riddell (' north. 002-183.-O2 Azzaro 002-183-04 Richardson CiTY OF UKIAH PLANNING REPORT AGENDA ITEM: _ DATE: . 7C. 03-25-98 DATE: TO: FROM: SUBJECT: March 25, 1998 City of Ukiah Planning Commission City of Ukiah Planning Department General Plan AmendmenFRezoning North Oak Street Neiqhborhood Commercial Zoninq District PROJECT SUMMARY: Last November, staff initiated a rezoning project to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. The parcels were inadvertently missed dudng the 1996/1997 General Plan rezoning program, and needed to be rezoned to achieve consistency between the City zoning map and General Plan land use map. Two (2) of the parcels were located at 302 West Henry Street and 460 Oak Street, and were being used as a professional office and plant nursery respectively. The General Plan had designated them as "LDR" (Low Density Residential), and their assigned zoning classification was "C1" (Light Commercial). This necessitated the proposed November, 1997 rezoning from "C1" to "R-I" (Single Family Residential). The Planning Commission and staff recommended that the City Council rezone the parcels to "RI" to be consistent with the General Plan. However, after considerable testimony, the City Council unanimously agreed that the "R-I" Zoning Classification was not appropriate for the two (2) parcels, and directed staff to explore the possibility of assigning the "CN" classification. Moreover, they directed staff to look at an even broader area, and examine the feasibility of establishing a small "CN" zoning distdct along North Oak Street. Additionally, they asked staff and the property owner of the subject parcels to explore the possibility of resolving apparent parking issues associated with the professional office use,. and more specifically, to investigate the possibility of absolving the par~ing variance granted for the use by the City Council. This staff initiated General Plan amendment and rezoning project is a result of the direction given by the City Council. This project is quasi-legislative in nature and does not require City Planning Commissioners to visit the site priorto formulating a recommendation to the City Council. PROJECT LOCATION: The proposed "CN" Zoning District is located along North Oak Street between Smith Street on the south and Gibson Creek on the north. The affected parcels are depicted on the map on page 3 of this Staff Report. ENVIRONMENTAL DOCUMENTATION: The General Plan amendment and rezoning of the subject parcels was analyzed in an Initial Study (attached). Based upon the conclusions reached in that document, staff is recommending that a Negative Declaration be approved for the project. GENERAL PLAN AND ZONING DESIGNATIONS: The proposed General Plan land use designation change is "LDR" (Low Density Residential) to "C" (Commercial). The proposed zoning classification change is "C1" (Light Commercial) to "CN" (Neighborhood Commercial). DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend City Council APPROVAL of the proposed Negative Declaration, and General Plan amendment and rezoning project. PROJECT DESCRIPTION: This General Plan amendment and rezoning project would establish a "Neighborhood Commercial" Zoning District along North Oak Street between Smith Street on the south and Gibson Creek on the north. In order to establish this ten (10) parcel district, the General Plan land use designations on three (3) parcels must be changed from "LDR" (Low Density Residential) to "C" (Commercial), and the zoning classification on all ten (10) parcels must be changed from "C-1" (Light Commercial) to the "C-N" (Neighborhood Commercial) zoning classification. STAFF ANALYSiS/DISCUSSION: After receiving the City Council's direction to explore the possibility of establishing a small Neighborhood Commercial Zoning District along North Oak Street, staff conducted an intensive field survey to define the current uses of property in the vicinity, and to determine whether or not a "CN" Zoning District made sense. Based upon this field analysis, staff has identified the following issues: 1. "CN" District Boundaries Staff found ten (10) parcels along North Oak Street that seemed to define a transition area between the intensive "C1" zoning to the east and south, and the "R1" neighborhood to the north and west. Extending the district beyond these boundaries would capture parcels outside this apparent transition area, and therefore would be inappropriate. Three (3) of the parcels are being used as professional offices converted from single family residences; one (1) is developed with a church; one (1) is a professional office converted from an auto dealership; one (1) is vacant; and four (4) are developed with single family residences. This mix of Iow intensity residential and commercial land uses fulfills the purpose and intent of the Neighborhood Commercial Zoning District. 2. .Impact on Single Family Residential Neighborhood to the West It is doubtful that the application of the "CN" Zoning District to the ten (10) parcels would have an adverse impact on the single family residential neighborhood to the west, because the allowed uses in the district are intended to be compatible with "RI" neighborhoods. Additionally, any permitted use in the "CN" distdct would require discretionary review, and if a proposed use Was found to incompatible, it could be disapproved by the City. I_ I MC)lb'TIS STREET HENRY STREET 2-182-13 ~edwood LeGal A~s~st~nc~e IMrTH STREET General Plan Amendment. '[-DR" to "C" and Rezonlng to 'C-N" APN 002-175..05 Apfel APN 002-175-O6 Apfel APN 002-176-07 First Baptist Churc~ of Uk~h Rezonlng From 'C-1' (Light Commercial) to 'C-N" APN 002-182-13 APN 002-182-15 APN 002-182-17 APN 002-182-18 APN 002-183-01 APN 002-18.3.02 APN 002.183.04 Redwood legal Assistance Woodl~f Coots Mendocino/Lake County Medical Society Riddell Azzaro Richardson 3. The Potential Creation of Non-Conforminq Land Uses Based on our field investigation, rezoning the parcels to the "CN" Zoning Classification would not create legal non-conforming land uses. It appears that all the affected parcels that are developed are being used consistent with the allowed and permitted land uses listed for the "CN" District. 4. The Neiqhborhood Parkinq Issue The City Council directed staff to work with the property owner of the subject parcels to improve an apparent parking problem associated with the professional office use. Specifically, they asked staff to work with the property owner to explore the possibility of merging the two (2) parcels and creating on-site parking, and therefore facilitating the voluntary relinquishment of the previously approved parking variance. Staff explored this issue with the property owner's attomey, who formally responded in a letter to staff, dated March 17, 1998 (attached). For a variety of reasons, the property owner is unwilling to merge the two separate parcels or absolve the variance. It is staff's understanding that the City cannot legally force either action, and therefore, the issue should not influence the decision making process on the proposed General Plan Amendment and Rezoning project. It is interesting to note that a new future use of the professional office building involving discretionary review, would be required to provide on-site parking. Accordingly, any buyer of the larger parcel should seriously consider the simultaneous acquisition of the smaller parcel to the north for the creation of on-site parking spaces. CONCLUSIONS: Staff is proposing this General Plan amendment and rezoning project to follow through on direction given by the City Council to explore the possibility of establishing a Neighborhood Commercial Zoning Distdct along North Oak Street. Based on a detailed survey of the neighborhood, staff has identified a ten (10) parcel area that is uniquely situated between the high intensity commercial land uses along North State Street and the Iow intensity residential neighborhood to the west. Staff is able to conclude that this assemblage of parcels fulfills the purpose and intent of the "CN" Zoning District, and accomplishes the direction and task assigned by the City Council. ATTACHMENTS: 1. Draft Resolution amending the General Plan 2. Draft Ordinance rezoning the ten (10) parcels of land. 3. Negative Declaration/Initial Study 4. Correspondence received from Frank Shaw Bacik, dated March 17, 1998 personnel prepared and reviewed this Planning Report, Director Commissioner Puser stated she was pleased with the sign's current appearance, and agreed with the original intent of the Council's decision to mitigate the commercial impact on the neighborhood to the north by limiting the sign copy to the south side. Commissioner Correll stated he was supportive of staff's proposal, noting that the blank sign presented a stark, awkward appearance. · Commissioner Chiles stated he was supportive of staff's recommendation; however, he would prefer that alternatives to the proposed iogos be considered. He suggested a continuation of the item, with a consultation held between Jack-in-the-Box and the Ukiah Chamber of Commerce regarding other sign copy possibilities. : Chairman Pruden commented she was a member of another organization that is co-partner with the Chamber of Commerce, and there are already designs, funds, and commitment for a high quality replacement sign at the southern entrance to the City limits. She stated she was not in favor of more signage for advertisement purposes in that area of Airport Park Boulevard. Commissioner Larson stated his concurrence with staffs suggestion that the blank, bright red sign had a stark and disinteresting effect, and suggested it be painted a shade of gray, making it less noticeable. He noted that the Planning Commission had originally opposed the sign itself; however, the City Council approved a reduced size. He stated he was not in favor of any additional sign copy. ON A MOTION by Commissioner Correll, seconded by Commissioner Chiles, to approve the amendment to Site Development Permit Application No. 97-03 (Jack-in-the-Box Restaurant), as submitted by the City of Ukiah Planning Department, it failed by the following roll call vote. .. AYES: Commissioners Chiles and Correll. NOES: Commissioners Larson, Puser, and Chairman Pruden. ABSTAIN' None. " ,. . -'. ABSENT: None. .. -. ON A MOTION by Commissioner Larson, seconded by Commissioner Puser, it was carried by the following roll call vote to DENY the amendment to Site Development Permit Application No. 97-03, (Jack- in-the-Box Restaurant), as submitted by the City of Ukiah Planning Department. : AYES: Commissioners Lars°n, Puser, and Chairman Pruden. NOES: Commissioners Chiles and Correll. ABSTAIN' None. ~, ~ ABSENT: None. ,i! ' '~'-~¥~" , 7C. General Plan Amendment and Rezoning project, as filed by the City Planning Department, to establish a "Neiqhborhood Commercial" Zoninq District along NoAh Oak Street betweer Smith Street on the south and Gibson Creek on the noah. Ten {10) parcels are directly affected by the proposal. The Land Use Designations on threP._(3) parcels are beina changed from "LDR" {Low Density Residential) to "C" {Commercial), and the zonin~ classification on all ten ~10) parcels must be changed from "C-1" CLiaht Commercial) to th~.: _ - {'Nel_qhborhood Commercial) zoning classification. MINUTES OF THE PLANNING COMMISSION Page 3 March 25, 1998 Senior Planner Stump advised that last November staff initiated a rezoning of the properties at 302 Henry Street (Apfel property) in response to the new General Plan, which had designated those parcels as Iow density residential; the zoning at that time was C-1. The inconsistency prompted staff to bring forward a proposed rezoning to R-l, so that the zoning would be consistent with the General Plan land use designation. The Commission discussed that l..roject at length, including a C-N zoning on those two properties. Following the discussion and the public testimony, the Commission decided to support the General Plan and recommend to the City Council that the properties be rezor, 3d to R-I. At the Council level, there was a similar lengthy discussion and public testimony, with the Council feeling that a C-N zoning could work on those parcels, but more specifically, that a small C-N district in this area could also be acceptable, based on the current land uses and the concerns that C'1 was too intense. The Council directed staff to explore that possibility and to return with a General Plan amendment and rezoning. · =. Staff performed an intensive field review, in addition to reexamining the General Plan and other pertinent documents, and have determined there are approximately ten parcels that could constitute a small, workable C-N district, which would stretch from Smith Street on the south to Gibson Creek on the north. The existing land uses on these parcels are consistent with the allowed and permitted land uses in the C-N district, although there is always some question relative to the compatibility with the single family residential neighborhood to the north and to the west. Staff felt that, because of the nature of the C-N district, perhaps those conflicts would be eliminated, or at least reduced substantially, from the current C-1 zoning. Staff also reviewed the neighborhood parking issue associated with the Apfel property, since at the time the Council issued direction regarding a C-N neighborhood, they also directed staff to work with the property owner and explore the possibility of terminating the parking variance that the current professional office use on the site has. Staff complied, and there is a letter to that effect from the Apfels' legal counsel advising that the Apfels are not in favor of merging the property or extinguishing the variance, it is StafFs understanding that neither of those things can legally be forced to occur. Future proposals relative to any of these parcels will require a discretionary review, if it is a permitted land use, and parking issues would be extensively explored during that process, as would a litany of other issues. Staff is therefore following through with the Council's direction, and bdnging this General Plan Amendment and Rezoning to the Commission for discussion and the formulation of a recommendation to the City Council. Commissioner Larson referenced Page 4 of the staff report, Item 4, ,The Neiqhborhood Parking Issue, and inquired how staff arrived at the conclusion that the issues surrounding the parking variance should not influence the Commission's decision, based on the fact the City cannot legally force a change in the variance or the merger of the parcels. The Commission is being asked to recommend making a change in the land use designation, but being told they cannot consider ex. isting conditions or conditions on the property as valid reasons for not making that change. . Mr. Stump replied the intent of the statement is to state staff's opinion that a denial of the amendment should not be based on an action which legally cannot be done. The existing conditions on the properties could be considered independently; perhaps a General Plan amendment is appropriate on one property, but not on the other. C6mmissioner Larson cladfied that the Commission was not legally bound to ignore the conditions that exist on the property. Commissioner Correll inquired regarding staff's rationale for the selection of the ten parcels for the C-N district. MINUTES OF THE PLANNING COMMISSION ,, March 25, 1998 Mr. Stump replied staff felt the creek on the north was a clear demarcation point between the Redwood Legal Assistance professional office building and the purely single family residential neighborhood to the north. Similarly, staff felt that it would be inappropriate to zone the Mendocino Savings Bank and the post office C-N, so the southern boundary was established at that point. The ten parcels are those that fall within that particular area. Commissioner Chiles clarified that the properties to the west of the Apfels' property are zoned R-1. PUBLIC HEARING OPENED: 7:35 p.m. Holly Brackmann, 736 Grove Avenue, presented a petition in opposition to both the C-1 and C-N designations for North Oak Street between Henry Street and Gibson Creek. She spoke in favor of retaining the single family char,~cter and historic quality of the neighborhood, and against having the homes being made into commercial properties. She presented a slide program to illustrate her comments. , Roger Foote, 736 Grove Avenue, distributed copies of a parcel map, emphasized the narrowness of the property between Oak and Pine Streets, voiced concern for future commercial development in the area, called for the maintenance of the creek as a natural resource, and suggested the City development of a pocket park. He stated that the proposed rezoning to C-N would decrease the R-1 character of the neighborhood north of Henry Street, and was in favor of the original proposal that the properties revert back to R-1 north of Henry Street on Oak Street. Richard Maz_zanti, 447 North Pine Street, commented on the current vacancy rate of many commercial buildings in the downtown area, and stated his concern relative to the parking situation for residents in his neighborhood. He inquired if Gibson Creek was a part of the narrow parcel, and suggested staff investigate the matter. He further inquired why staff was recommending ending the C-N zoning in the middle of a block. .. .; Commissioner Larson inquired regarding Mr. Mazzanti's comments relative to the parking on Pine Street. Mr. Maz_zanti replied there are still problems caused by county employees enjoying all day free parking on Pine Street. .. Chairman Pruden commented the same type of situation exists on Dora Street, which offers free parking and a short walk to the downtown area. Frank Bacik, 160 Mason Street, Ste 300, attorney representing the Apfels, spoke in suppod of the amendment, stating that the City Council had found unanimously that the down zoning of the Apfel properties was inappropriate, and had thus directed staff to consider the C-N zoning for those parcels deemed suitable. He praised staff for the attention they had given to the current use of the propedies, and noted that staff is not proposing any change in the use of the properties, nor are they proposing any intensification of use of the ten properties that are subject to this zoning district. Staff is also not recommending a project that would cause encroachment into a residential neighborhood, and are not suggesting a zoning change that would result in any non-conforming uses. Those were all of the bad effects that would have occurred from a down zoning of this property. There is no encroachment because the properties that fit within the requirements of this C-N zoning district are now used consistently with the C-N zoning. To rewrite history and change the nature of the properties is to ignore the way they are currently being used, which is consistent with the neighborhood. They are an integral part of this MINUTES OF THE PLANNING COMMISSION Page 5 March 25, 1998 o ,. downtown interface. All that staff is suggesting is that the Commission recognize this, as they were directed to do by the City Council. He further stated that the opponents had mentioned a number of things that are absolutely inaccurate. It is not true that what this Commission did last time was vote to keep the ne!ghborhood in residential; the majority vote was to downzone the property, to change it, to attempt to rewrite history, and th~ City Council unanimously said that was inappropriate. It is not accurate to suggest that this change will cause encroachment of commercial or encourage commercial uses where they are not existing already. In regards to the parking problem, the Apfels redoubled their efforts and checked on the parking enforcement issue. There have been no written complaints from neighbors since 1995. The slides that were presented were of residential houses; pictures could also have been shown illustrating the commercial uses that are included within the zoning district. VVhat staff is recommending is realistic; these uses are there currently, and we are in full support of the new project designation. The parking being undertaken on the narrow lot previously used by the garden nursery has improved the condition of congestion in the neighborhood, and is being used by county employees, in addition to the 17 parking spaces that have been leased at the City lot. There is not a parking problem there; there have been no complaints and the City does not have a record of it. Residents may not like the fact that people park on the street; however, the county has done what it can do, and the owners have also done what they can do, and we believe we have alleviated that problem to a level of insignificance. Commissioner Larson stated he had not seen a copy of the variance, and asked if it required Mr. Bacik's client to provide for off-site parking. . , . · Mr. Bacik replied yes; they are required to'lease the 17 parking spaces, and they intend to renew that as a long-term lease .... Commissioner Larson referenced Mr. Bacik's statement that commercial zoning would not encroach on the residential character of the neighborhood, and inquired if there was some way to assure that the northern of the two Apfel parcels that fronts on to Pine Street cannot become an encroachment into that neighborhood. · Mr. Bacik replied that no one can predict the exact term of the law that will be adopted, but the language for the C-N zoning contains setback requirements, and it is his view that there will be no commercial use at the narrow end of Pine Street. It is uncertain what the City Council will ultimately do with that language, but the C-N zoning will require setbacks, off-site parking, and will pro)bably prevent the narrow use of that lot for commercial purposes. , Commissioner Larson stated the reply did not quite answer his question, and did not give him any assurance relative to encroachment on the residential areas in this neighborhood. Mr. Bacik replied that encroachment, to him, means placing a commercial use where it does not currently exist; that lot is already zoned commercial. VVith the setback requirements of the C-N district, and because any new permitted use in that area would require the Commission's discretionary review and approval, it would be unlikely approval for a commercial use would be granted. Commissioner Larson stated that the parking situation was resolved to Mr. Bacik's satisfaction, but apparently was not similarly resolved to the satisfaction of the neighbors on Pine Street. Encroachment takes many forms, including parking, and impacts the peace and character of a residential neighborhood. MINUTES OF THE PLANNING COMMISSION Page 6 March 25, 1998 Mary Little, 428 North Pine Street, voiced her concems regarding the ongoing parking problems on Pine Street, caused mainly by the number of cars parked there by employees of the nearby commercial establishments. Mr. Foote stated he was very pleased with the Planning Commission's proposal to return this neighborhood to its historic R-1 single family dwelling 'status. In his opinion, the Apfels only retain a commercial, and not personal, interest in their property since they no longer reside in the state. Commissioner Chiles inquired if Mr. Foote had spoken to this issue in front of the City Council when the property was rezoned to C-1 i-n the early 1980s, and if he thought it would be unjust to down zone this property to something that has already occurred. Mr. Foote replied that although he had grown up in the community, he was not a resident at that particular time. When he returned to the area in 1988,'he was shocked to see the beautiful houses being used as office buildings. Down zoning from C-1 to R-1 would be. very wise, since it would preserve the residential nature of the neighborhood for generations to come. Commissioner Chiles stated his concern that if it is recommended this property be down zoned, an enormous amount of litigation could occur that would affect the taxpayers of this community. Chairman Pruden clarified that the General Plan indicates this area as Iow density residential, and staff is attempting through these rezonings to bring the zoning code into alignment with the General Plan. Potential litigation would possibly occur because they are not responsibly doing these zoning and land use changes. . Mr. Foote stated that what is occurring here is pressure from a special interest and out-of-town landlord, and the fear of litigation from them. The representatives of this community need to stand up for those who do not have a special focused monied interest, but have a longer term interest of raising their families. Thomas Force, 420 North Pine Street, stated he had lived in the area since the 1980s, and would like to see encroachment more toward the vacant buildings in the downtown area instead of the beautiful west side of Ukiah..He noted there are many children who live in his neighborhood who are frequently in danger from the traffic and parked cars. : - PUBLIC HEARING CLOSED: 8:06 p,m. ... · Commissioner Puser inquired relative to the increase in the number of parcels from two to ten. Mr. Stump replied the General Plan only designates the Apfel parcels as Iow density residential, and that is why they were brought forward for rezoning. The other properties are already designated C-1. The proposed C-N district would represent a down zoning. Commissioner Correll asked Chairman Pruden if the Apfel property had historical significance, particularly the house on the west side on Henry Street adjacent to the property. Chairman Pruden replied that most of these ten propedies are listed in the Architectural and Historical Resources Inventory Report, have a high national register designation of five or better, and do have historical significance for the City of Ukiah. She further stated that both by tradition and by legal documentation, the downtown redevelopment area ends on Henry Street, and goes to the east side of Oak MINUTES OF THE PLANNING COMMISSION Page 7 March 25, 1998 Street. She personally has no problem with taking the parcels that go on the east side of Oak and changing those from C-1 to C-N to bdng them into compliance with the downtown redevelopment area and master plan for the downtown. She has not changed her point of view on the parcels north of Henry Street, from School Street to Dora Street. It is a residential neighborhood and should be Iow density; it was designated correctly in the new General Plan. The Commission has listened to the neighborhood's concerns, with the only dissenting public comment coming from a non-resident. The Commission has bec.q very receptive when other residential neighborhoods have come forward with concerns relative to encroachment. The General Plan was amended for the Low Gap and Bush Street neighborhood, near the county administration center. The residents desired that it remain residential even though a commercial designation would probably have benefited them financially. One of the largest hearings concerned the C-N designation along Dora Street. So vocal and loud was that particular discussion that new definitions were written for C-N neighborhoods to make them compatible to those people living adjacent to converted houses. She reiterated her opinion that house conversions make poor choices for business locations because of parking and other requirements, and stated this historically and traditionally has been a residential neighborhood, and the correct decision was made by the Planning Commission the first time this was discussed. She further stated she saw no compelling argument to change, and expressed her disappointment with the City Council decision. She had been assured that the Commission's recommendation was sound, and they were supportive of it. A strong message needs to be sent to the Council that the Commission has thoroughly and completely looked at this project previously and felt comfortable with its decision. This evening there has been a larger turnout from the neighborhood, together with a petition, and the residents are correct. This is their neighborhood, it should be residential, and there is no need for encroachment since there is a high vacancy rate of commercial property in the downtown area and along State Street. .. ~.- Commissioner Correll stated when the issue first Came'before the Commission he was disappointed to initially find that the Apfel property was designated as C-1, and the Commission was left to the difficult decision as to what to do with it. He considers the Oak Street corddor and Henry Street to be substandard because of the parking and width. The lot on the north side of the Apfel property could be developed, although not much could be done because the parcel is not that large. In looking at the general street configuration, he would agree with Chairman Pruden that the area of Henry Street north probably should remain as it is. He voiced his dislike of spot zoning and pocket parks, since the parks often bring in unsavory elements and lead to negative circumstances for the adjacent neighbors. Initially, the configuration of the ten parcels for the C-N distdct was appealing, and a way of rectifying the pocket zoning and down grading from a C-1, but given the buildings are somewhat significant in their architecture and in light of the long term view of the impacts to the neighborhood, he will not support the amendment. Chairman Pruden clarified that the vacant lot proposed for the pocket park was created by the Apfels' demolition of a small, Victorian house which had been damaged by a small fire. Commissioner Chiles commented that as far as the parking issue is concerned, perhaps it is time the City considered issuing parking stickers for the residential areas. In regard to the restoration and continued maintenance of the older homes, sometimes the only way to bring old, dilapidated houses into a useful nature has been to turn them into businesses. The C-N zoning allows some latitude for that to happen, whether they be residential, which is not outlawed in the C-N zoning, or used for offices. He suggested that at some time in the future, the Apfels may possibly donate the smaller parcel to the City for the establishment of a park. He indicated he would support the amendment so that potential future problems in the neighborhood could be avoided. MINUTES OF THE PLANNING COMMISSION Page 8 March 25,1998 Commissioner Puser stated she concurred with Chairman Pruden's statements, and saw no reason to change from her previous vote. Commissioner Larson stated that the concept of a C-N zoning district is a good one. The C-N zoning that was designed was specifically tailored for the Dora Street corridor, so there are lot of uses included in it that may not be suitable to this particular proposal. There is an eclectic mix of uses presently located in this area, ~nd what ne.?ds to be considered is how this district relates to the interface of the downtown commercial district a~,d the Iow density residential area surrounding it. From a geometric standpoint, it is not configured properly because it juts out into the residential area rather than wrapping around the commercial area as a buffer to the residential area. He commented on the various parcels and businesses and residences proposed to be included in the C-N district, and stated there are potential impacts to the neighborhood. He is not pleased with the proposal, but would consider supporting the establishment of the C-N district with the excep~tion of the one northwest parcel. -' .. Commissioner Chiles requested that the public hearing be reopened so he could make an inquiry of Mr. Bacik. ~:i! .:.': ..,: .... PUBLIC HEARING REOPENED: 8:27 p.m. Commissioner Chiles inquired relative to whether Mr.' Bacik's clients would be accepting of the omission of the northernmost parcel from the proposed C-N district. ', .. Mr..Bacik replied that naturally the value of the property is higher with a larger range of uses. It is currently zoned C-1, and if it is left out of the proposed C-N district, C-1 is what it will remain. His clients would support withdrawing the parcel so it can be dealt with separately. PUBLIC HEARING CLOSED' 8:29 p.m ,'~'~ ? Commissioner Correll stated he agreed with Commissioner Chiles in that one way to refurbish residences that have adequate off street parking is to convert them into office buildings. However, in this particular case, the core issue is parking. That problem must be considered, and if the north property is removed, that parking area will be lost and the situation exacerbated even more. :, Chairman Pruden commented that manY of the City's large older homes are maintained by pdvate owners who do not have to resort to economic gimmicks to keep them going. The 100 block of Clara Street, which had been commercially designated, turned around as R-l, and every one is maintaining their homes there. Although they are on a modest scale, the property owners are not having to resort to the option of commercial office space to.pay for them. i' Commissioner Puser noted this is a stable, rather than a deteriorating neighborhood, and should be preserved. It i~ not necessary to look to the commercial ventures to save it. ON A MOTION by Chairman Pruden, seconded by Commissioner Puser, it was carried by the following roll call vote to recommend to the City Council to not adopt the Negative Declaration for the General Plan Amendment and Rezoning Project for the North Oak Street Neighborhood Commercial Zoning District. AYES' NOES: Commissioners Larson, Puser, Correll, and Chairman Pruden. Commissioner Chiles. MINUTES OF THE PLANNING COMMISSION Page 9 March 25, 1998 ABSTAIN' None. ABSENT: None. ON A MOTION by Chairman Pruden, seconded by Commissioner Puser, it was carried by the following roll call vote to recommend to the City Council to not approve the General Plan Amendment and Rezoning Project for the North Oak Street Neighborhood Commercial Zoning District. AYES: NOES: Commissioner Chiles. ABSTAIN: None. ABSENT; None. Recess' 8:36 p.m. 7D. Commissioners Larson, Puser, Correll, and Chairman Pruden. City Zoning Ordinance City_ Planning Department, to make minor changes to Ukiah Municipal Code. The project involves ' discretionary permit," and deletinq the requirement to subject properties prior to scheduled public hearings .?:!,~!(~:::!:i~;i:::.. :: Reconvene' 8:46 p.m. ~s filed h,': of the. · definition of a "minor three (3) notices on Senior Planner Stump advised that the proposed revisions to stration and Procedures" include improving the definition of a "minor discretionary permit, an the requirement to physically post three (3) notices on subject properties prior to schedule blic hearings. The existing Article exempts additions to existing structures of less than 150 from the discretionary review process. It defines minor permits as "small additions/expansions than 150 square feet to existing structures..." However, it does not establish a threshold betwee ~inor and major permits. There is no square footage "cap" for minor permits, so that if read literally, ~dditions of more than 150 square feet are considered minor. To correct this problem, staff is pro; g that when additions to existing structures exceed 1000 square feet, they are subject to the major retionary review process. The existing Article also requires notices of public hearings on application~ )r discretionary permits to be given at least ten (10) days prior to the meeting in four different ways, three that are required by State law, and a fourth, which calls for posting the subject propel n three locations ten days prior to the public hearing. This is an antiquated requirement that has dgetary implications in terms of both materials and staff time. it is staff's opinion that the first ~oticing mechanisms provide legal and adequate notice of a proposed project, and that the posting .he property is unnecessary. ) The Commission regarding the posting requirement a~d discretionary review. Mr. Stump replied deletion of the posting requirement would pertain to both major and minor permits. The minor permit., come before the Zoning Administrator for discretionary review; additions in excess of 1,000 square ;et will be brought forward to the Planning Commission. Commissi~ to the Co .Chiles requested that copies of the Zoning Administrator agendas and packets be mailed .~rs ten days prior to the public hearings. followed relative to the proposed 1,000 square foot threshold of the minor permits. Staff noted th n determining this cap, they had discussed the types of minor and major permits that had been ~idered in the past, and concluded that this figure was reasonable. The Commission suggested the 640 square foot designation currently used for second units may be more appropriate. MINUTES OF THE PLANNING COMMISSION Page 10 March 25, 1998 ",IEWELL RAWLES (1909-1976) DONALD G. HINKLE (Retired) JARED G. CARTER JOHN A. BEHNKE VIYRNA L. OGLESBY VIICHAEL D. MACOMBER =RANK SHAW BAClK 3RIAN C. CARTER LAW OFFICES OF R~WLES, HINKLE; CARTER, BEHNKE & OGLESBY 169 MASON ST., SUITE 300 POST OFFICE BOX 720 UKIAH, CALIFORNIA 95482-0720 March 17, 1998 TELEPHONE: ~o~ ~2~ TELEFAX: (707) 462-7&.~ HAND DELIVER Mr. Charles Stump Senior Planner City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: General Plan Amendment and Rezone Project: Neighborhood Commercial Zoning District Oak Street Between Smith Street and Gibson Creek Dear Mr. Stump: I write to follow-up our telephone conversation of last week. As you know, this office represents Dr. Phranklin and Mrs. Maggie Apfel in connection with the above-described matter. My comments relate to their ownership of premises at 302 West Henry Street and at 460 Oak Street, Ukiah, and more particularly, the availability and use of off-site parking for their leasees, the County AODP offices, under variance 90-70. These issues were addressed at prior Plan~ing Commission and City Council proceedings. We have reviewed the recently distributed Notice of Public Hearing (Planning Commission) regarding the North Oak Street General Plan Amendment and Rezoning Project, and we offer the following comments. In brief, my clients support the latest rezoning project, including the new 'CN" zone district. The AODP offices located at 302 West Henry Street operate under variance No. 90-70, approving off-site parking in connection with the County's use of the premises. The property has been served by a lease of 17 parking spaces obtained from the City at its lot located at the intersection of School and Henry Streets. The Apfels have recently urged scrupulous use of the off-site parking lot by the County tenants in order to avoid congestion or parking problems in and about the AODP office on Henry and Oak Streets. We Mr. Charles Stump March 17, 1998 Page 2 believe that this renewed effort has been successful. Attached please find a report from the AODP Administrator regarding steps taken by the County. The Apfels' agent has also continued the parking space lease arrangement for an additional six months (at least through June of 1998 at the rate of $1,930.00), and we seek to continue long-term assurance of adequate parking in the City lots in order to ameliorate any local street traffic impacts. (See memo from Gordon Elton attached.) We too desire a long- term written lease to assure continued off-site parking availability. ~ In addition, since the initial notice and discussion before the Planning Commission of the prior down-zone project last year, the nursery property at 460 Oak Street has been vacated, thus freeing several additional adjacent off-street parking spaces for use by the AODP office management and staff. We believe this further ameliorates on-street parking problems. The County AODP program has a lease with the Apfels through at least the end of the year 2000. While both the AODP and adjacent Oak Street properties are for sale, the Henry Street property is, of course, available for purchase subject to said lease. During the prior administrative proceedings last year, at least one Planning Commissioner, and perhaps others, raised the suggestion that the landowners (Apfels) might wish to consider merging the two properties so as to provide the opportunity for parking on the smaller Oak Street lot adjacent to the AODP program parcel. I have reviewed this as an option or possibility with my clients, but I cannot advise them to undertake merger in this way for at least the following reasons: 1. First of all, this extraordinary measure would eliminate a valuable separate property ownership interest which, in light of the recent efforts to ameliorate the perceived on-street parking concern, seems to me an unnecessary and inappropriate measure. 2. Also, following changes recently approved by the Planning Commission in the operative language governing allowed and permitted uses in the CN zone, I believe the most likely "commercial" uses of the Henry Street property would require a use permit (i.e., Bed & Breakfast Inn). Such discretionary permit review would, of necessity, include specific consideration of potential parking, traffic and congestion impacts. Any such site and project-specific review would best address the questions of whether such impacts would occur, and if so, how best to mitigate them. Mr. Charles Stump March 17, 1998 Page 3 3. Finally, while it is possible that a prospective purchaser and new project proponent might wish to acquire both lots to facilitate extra parking on-site, such arrangement is by no means inevitable. The Henry Street property may very well be used as a residenc~, in which event, the Oak Street lot's highest and best use will be realized as a separate parcel. Another issue, raised by one of the Planning Commissioners, involved her dissatisfaction with the City Council's ever having granted variance No. 90-70 to the Apfels for operation of the premises at 302 West Henry Street in the first place. Naturally, I have given some attention to this concern. However, because the variance and the off-site parking arrangement is integral to the existing long-term lease, and because it also represents a valuable property interest which runs with the land, again, I cannot counsel my clients to simply relinquish this appurtenant right. In any event, in my view, with the redoubling of efforts to ameliorate the street parking concern as detailed above, I question the necessity of any such relinquishment of rights. I hope this letter addresses the issues or concerns of interests to staff in preparing its report regarding the North Oak Street General Plan Amendment and Rezoning Project. We fully support the staff's delineation of a "CN" District and this General Plan Amendment. We think the proposal makes good sense, recognizes the mixed context of the neighborhood, and provides much needed flexibility to property owners in the downtown-interface area, while providing for appropriate review and mitigation of potential impacts in connection with future projects. Ye_fy FSB:djs Attachments cc: Dr. Phranklin and Maggie Apfel Pat Williams DE0-05-97 FRJ 03'09 PI'1 CITY OF UKI~ FAX NO. 7074636~04 P, O1 Da~e: To: From: December 5, ~997 Phranklin Apfel Gordon Elton, Finance Directo.r~~ PARKING LEASE RENEWAL ' Attached are invoices for the periods July 1997 through December 1997 and January 1998 through June 1998. The amount for each six month period is $1,938.00. The City would like to have a written extension of the.lease The City Manager will have the City Attorney prepare this extension and submit it for your signature, You may contact me at 463-6220 if you have addi=ional ques=ions. W1LLJT8 OFIqC ~' · aLL/T~ CA COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH DIVI~ION OF ALCOHOL AND OTHER DRUG PROGRAM[j (AODP) gO2 Me, no · (7o7) From Jim McL~t% Per ~o~ ~on~=~on w~ P~ ~~. ~p~ M~r, ~d ~b~queat ~t ~r ~o~ion ~qu~me~ for 302 W~ 1) Neighbors voiced eon<em aJ:~ompcrcelved parf~§ vtol~lo~. AODP ~ag~: ~el m~ ~ nei~bo~ ~e ~ ~ 1995 ~d 1~6 ~ ~ ~_~tf~ ~d to ~vc for ~e~e~ ~bI~). 2) AODP ~agement p~So~el ~4 ne~ met ~ C~ of~ ~g ~i~, Mr. ~{b~ ~ ~s i~u~ ~d W ~ndu~ a one mon~ :~dy ofp~g on ~e ~ee~ ~a~t ~ 302 West ~c~. AODP ~cs not h~ a ~py of ac offic~ ~poa but d~ have a AODP ~o~ek ~pie~ ~ a~lab~ ~r~. ~) AODP ~ p~ed st~s ~ ~ ~ ~ons m ~ W~t E~ ~i~ ~bm~ ~d v~ma of ~o~ ~g ~emen~ for ~s ~ci~. 4) In ~i~ mae sl~, al ~~lvc o~o~g m~d~ for ~em~ ~ ~ ~f~ cusmm~visi~m of~g mqu~~ for ~ f~. ~ ~ple ora ~u~t~ ~~cd s~ memo b a~ll~E g r~~ 5) AODP m~ag~ ~d ne~bon ~ded a Ci~ of~ Pl~g ~m~ion me~ s~er of 1~6. At ~s me~, appm~ w~ ~v~ to p~t ~o s~ of~e seco~ adj~t to ~e deUv~ ~as, wa p~ w~te ~d d~i~ ~ a ~~ ~p o~ick up o~y" ~ AODP p~o~el h~ve con~ ~ ~c~lom ~ nc~Mn, ~ phone md s~ce 1995. On~ m~iv~, ~ ~a~ voi~ m AODP P~O~el w~ ~~e~ regwd~g ~ous p~g ~a~o~ ~s ~~on x~ ~mpfl~ md ~enr~ ~ r~ of ~ ~clud~ my ~ I ~)le~ ~ ~w of~e a~ve ~o~a~on ~ ~hcd d~~'~ tt h cle~ d~o~ A~P, 302 W~ He~ S~ ~ mdc, ~ if you have ~cr qu~o~ ~ yo~ cc: l~t ~lllbn~_s P. e2 -18-@8 ION 14:01 707 482 3857 P, 02 PACKET Item No. ADDITION . . ..{Me~[ingJ~ate;, ,. ,} ~ ~.,, ' , Petition concerning N~n~~e_-_ :--~-- between Henry Street and G~~ttoOreek~ %' ~ We the undersigned ask the Ukiah Planning Commission and Ukiah City Council to preserve the R-lsingle family residential character of North Oak Street between Henry Street and Gibson Creek. We are opposed to using C-1 or C-N on these parcels. Name Address ' > ' J:P ... .. z .? '': ..'.' Petition conCerning North Oak between Henry Street and Gibson Creek We the undersigned ask the Ukiah Planning Commission and Ukiah City Council to preserve the R-lsingle family reSidential character of North Oak Street between Henry Street and Gibson Creek. We are opposed to using C-1 or C-N on these parcels. Name Address Charlie Stump Senior Planner City of Ukiah 5 May ADDITION ~ Fleceived: ..... ~ ' -'J~Ldu & ~ ~ ....... '.' ..... Dear Mr. Stump, GreetinGs from Kebenhavn, Denmark..Thank you ~or your review.mf.the issues regarding the General Plan and rezoning. It was most useful to help us .c!~rify our thoughts about the situatimn of.our house.on.He/~r.y and Oak. With this letter, we should like to now present our views.As we understand khe situation, .there is .a.~roposal.~or redesignating our house as neiGhbourhood commercial instead of general commercial. We fur%her, under~tand that th/s.Dlan.has .been.challenged by some.neighbours because of issues relating to parking and other disturbances felt to be a result of the tenancy by the Mendo. County Drug and Alcohol Programme. To date, we have had legal cousel presenting our position on the zonin change at hearlnqs on the issue. He has .addressed both thc.possible g a~tbient effects on thc neighbourhood as well as the economic impact on us personally. He also expressed .our..satiafac~ion.and.endorsemen= of..the .p~oposal for CN designation. In spite of best efforts, it may not have been.clear that we were interestcd.a~ looking.at options.that.would allow for a win-win outcome. So we would like to take this opportunity to reiterase cur position. w~ appreciate and value the debate that has ensued. This community problem-solving process truly refiec~s o%lr va-lugs.and activities, ones t~at we activieiy worked for while living in Mendocino. We also continue to promote these efforts of demoaratiaation,.now in .ou~ .activities .with the peoples of former Soviet countries. We would like to re-emphasise our .coL%mitment t~ the participatory.process in. deueioping integrated and representative communities. To that end we take this opportunity to give our view on two areas we..ha=e identified, as impcrtant concerns for the co~u~ur~ty related to this discussion. First is the promotion of the concept of mixed neighbourhoods, the ~t~grati?n of community-based programmes and activities into re$iden- 5la£ settlngs i.e., half-way houses, training and.=ehabi!itation, legal services, short-term shelters for domestic violence victims, etc. To that end wu leased our home to co~mu/~ity.servi~es that we ~tron~ly belived in, ones that provided important focus on some of the county'~ toughest problems. We felt that the location and.ambience of such.a homey environment would ~nhance the capabilities for effectiveness, reach those individuals who might not otherwise.have, sought, help.if.th: facility was, so to speak, less welcoming. A place that could provide the benefits of an attitude of "normalisation" or mainstreamlng in dealing wi~h uncomfortable problems. There are numerous successful precedents for such an approach, not only in Mendocino, but throughtout the world. We therefore hope any zoning adjustmen=s would continue to allow for similar type activities as an opportunity for the community at large to more fully embrace and take responsibility for its' problems. Second i~ the uti!sation of appropriate criteria to identify and ameliorate p~obl:ms that n%Lght arise in these situations. ~e conside_~ .the city's discretionary review process essentially a good mechanism and expect that future items of discussion will take into account the lessons learned from the current debate. We ourselves have tried, with varying degrees of satisfaction, to be ~ensitive to concerns, about ~lSe, density, parking, maintenance eta related to being a landlord in general, as well as landlord specifically to a social service ~rogram. H~ving the creek-side lot used a~ a garden centre was part of our effort, providing a green-space buffer zone to the.program activities of the house area. The last thing neighbourhood needed or wanted there was a parkiqg lot, or so we thought. The lease arra~gement~ for off-site parking have by and large served their purpose, but this still has been a cause for complaint on occassion. So, in our mind~, this is not a vis,be lon~-te~m solution to this par{icular issue. Decisions on new zoning mu~t account for various scenarios of ~arkinu requirements related to the designations of the properties, however they ma~ be configured. An additional suggestion we would like to offer is the formal designation of our backlot area as ~reen-space. We remain interested in exploring with the city or some non-profit.Group the feasibiity of a native plant garden there, perhaps in recognition of Carl Purdy and his work. To ~um up, we feel our house.has ~ad.the.po~ibili%y. to.be.ahls to.serve the community in many capacity over the years, due to its' zoning. It has been.a private residence, a.HeadS.ta=t.~chool,.a.doctorts .of£ic=, a g~rden cenre, amon~ others, and now a substance abuse program. We can't know what.future owners may ~ish to do ~uLth .the ~roperty. ~ut we.would l%ke to trust that the zoning would adequately reflect issues about ~iXed .usage.aLong.with community.involvement ln.neighho~hood planning. W~ don't feel the~e two ideas are incompatible. To us it appears the CN de~ig~a~ion is.potentially.a ~ery ~orkabl:.~alu~i~nr..that ou!d.addr, ess adequately any concerns, coupled with a focused discretionary review for future u~es of all such properties. We hope this letter has helped clarify confusion or misunderstanding that may have arisen from the fact that we are not.sable.to .fo/Iow developments more closely. We want to thank our manager and lawyer for their efforts but accept that it is proper.amd important that we actually speak on our own behalf. And so we would like to clarly state that we endorse the process that ha~ been.foLlo~ed,..along ~ith the proposal for CN zoning change, but remain open to further discussion as to the final designations that we hope will ~eat..r~flect a.s&tisfac%ory and truly community-based General Plan. Best wishes, Maggie and Franklin Apfel 9a ITEM NO. DATE: MAY 6, 1998 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF BALLOT MEASURE TO ELIMINATE DIRECTLY ELECTED MAYOR At the March 4th meeting the City Council discussed the matter of elected versus appointed mayor and whether the elimination of the elected mayor should be placed on the next City election. The Council requested that costs, timeframes, and possible ballot wording be prepared by staff for consideration at a future Council meeting. Presented here is the applicable information. The County Clerk/Recorder estimates the cost for the addition of a ballot measure on the November 3rd election to be $1,000. The actual amount depends upon the number of pages of the ballot taken up a specific item. Since the election is consolidated, a measure regarding the elected mayor would be only one of several issues for voter consideration (the City will already have the election of Councilmembers and Mayor on the ballot). The Council must determine if the measure will be on the ballot by the June 3 meeting to insure timely transmittal to the County Clerk; wording of both the measure and any arguments must be finalized at the July 15 meeting. Ideas regarding possible ballot arguments include: *The City Council must appoint a new Councilmember if a vacancy is created when a current Councilmember is elected Mayor. This precludes the electorate from voting for all members of the City Council. -- * Because of the two year term, the Mayor must run for election twice as often to serve the same amount of time in office as a Councilmember. * Ukiah is a general law city and applicable State statutes do not require a Mayor to be elected; there are no specific duties or responsibilities for the Mayor which can not be completed by a Councilmember appointed to the position. * The City of Ukiah is the only governmental entity in Mendocino County in which the chairperson of the Council or Board is directly elected. For the Council's information, the wording of the the original 1982 ballot "Argument Against Measure D", which created the elected mayor is provided in attachment 1. Also included, as a draft of ideas for the Council's consideration, is a possible ballot argument in favor of eliminating the elected mayor position. An argument can not exceed 300 words. As the Council has directed, this matter should be discussed, a determination made whether the measure is to be placed before the voters on November 3rd, and direction provided to staff regarding the content of the argument if the ballot measure is pursued. RECOMMENDED ACTION: Discuss Matter of Ballot Measure to Eliminate Directly Elected Mayor and Provide Direction to Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine discussion is not ap_EEg.~riate and do not consider this matter. Citizen Advised: N/A Requested by: City Council Prepared by: Michael F. Harris, Risk Manager/Budget Officer ~ Coordinated with: Colleen B. Henderson, City Clerk and Candace Horsley, City Manager Attachments: 1. 1982 Argument Against Ballot Measure and Possible Argument for November election, page 1. 2. ~ of March 4 City Council meetin.g_minutes~es 2-3. Candace Horsley, City ~anager NOVEMBER 1982 BALLOT ARGUMENT AGAINST ELECTED MAYOR MEASURE Attachment 1 "Argument Against Measure D "The City of Ukiah does not need an elected mayor; we already elect five council members, each of whom serves one year as mayor. This gives equal representation to all taxpayers, and the taxpayer has equal access to all council members; no member is more or less important than the other. An elected mayor would only add an extra layer of bureaucracy and expense to the already burdened taxpayer in the form of an office, secretary, and all the trimmings. The function of the mayor remains the same whether elected or not elected; that is, to preside at all the meetings, sign documents after council approval, and to be the official city representative. An elected mayor would have no more authority than any other member of the council; goals would be no more important than any other elected members goals; and there would be no more continuity than we have now. The council-manager form of government was established in 1956 and have proven highly successful. We truly believe that a city with annual budget of approximately 13 million dollars needs a full-time professional and not a part-time amateur in management. We have this with the present council-manager form of government. In summary electing a mayor would create another layer of bureaucracy, add more expense to the taxpayer, divide the elected representatives, and be less efficient in running city business. For equal representation and less expense we are going to vote "no" on ballot measure "D". We hope you will join us. s/Hays Hickey s/Mary Snyder s/Charles Myers s/George Bartlett s/Marge Boynton" · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · POSSIBLE ARGUMENT IN FAVOR OF MEASURE TO ELIMINATE ELECTED MAYOR NOVEMBER 1998 ' Though the Mayor of the City of Ukiah is currently elected, he or she has no more representative authority than the elected Councilmembers. The mayor and the four Councilmembers each have an equal vote on all matters before the council. The functions of the Mayor, i.e., presiding at all meetings, signing documents after council approval, and officially representing the city, remain the same whether the position is elected directly or is appointed by the Council as a whole. The fact is that in several cases, the elected mayor has created a vacancy on the council because an incumbent Councilmember was selected by the electorate. This created a situation in which the Council appointed the new Councilmember, precluding the citizens from electing each member of the Council. The two year term of the elected mayor requires an individual to run for office twice to serve the same amount of time as a Councilmember, with additional expense to the candidates. Eliminating the need to elect a Mayor will place the Council candidates before the electorate in the same election, allowing the citizens to select their representatives from a unified list. The City of Ukiah is the only governmental entity in Mendocino County which directly elects the chairperson of its respective council or board. An elected mayor is not necessary in the City of Ukiah. A "yes" vote on measure, will eliminate the direct election of the mayor and allow the voters of Ukiah to select all of their council representatives equally. Please join us in voting "yes" on" " ,, s/ s/ s/ s/ s/ mfh:asrcc98 0506MAYOR Assistant City Manager Harris noted the ordinance updates the Code to specify holidays currently observed by the County of Mendocino as well as the City of Ukiah. MIS Mastin/Ashiku to introduce, by title only, the Ordinance Amending Division 8, Chapter 1, Section 7008 of the Ukiah City Code Regarding Holidays for Enforcement of Parking Regulations, carried by a voice vote of ALL AYE. Absent: None. City Clerk Henderson read by title only the Ordinance of the City Council of the City of Ukiah Amending Division 8, Chapter 1, Section 7008 of the Ukiah City Code Regarding Holidays for Enforcement of Parking Regulations. M/S Mastin/Ashiku to introduce the Ordinance Amending Division 8, Chapter 1, Section 7008 of the Ukiah City Code Regarding Holidays for Enforcement of Parking Regulations, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 7b. Discussion of Possible Ballot Measure to Eliminate Directly Elected Mayor Position (Councilmember Mastin) Councilmember Mastin asked the Council to consider a ballot measure which would eliminate the position of directly-elected mayor and return the position to one which rotates in some manner among five elected Councilmembers. He noted the burden of the time commitment involved to whomever acts as mayor, with a two-year commitment being an unreasonably long time to serve. Councilmember Ashiku was supportive of the idea. Mayor Malone agreed the position takes a great deal of time, and it could be expensive to candidates to run every two years. Rotating the position of mayor among the Councilmembers would eliminate the need to fill a vacancy created by a Councilmember, if that Councilmember were elected Mayor mid-way through a four-year Council term. Councilmember Mastin asked City Clerk Henderson her opinion on the subject, since she, at one time, was a directly-elected Mayor. City Clerk Henderson replied it has been only about 15 years since the position of directly-elected mayor was approved by the people of Ukiah at the ballot box. She felt, in light of the defeat of several recent ballot measures to eliminate the elected City Clerk and City Treasurer positions, the public would not be receptive to this idea. She would pre[er not to have the measure reconsidered at this time. Councilmember Kelly felt the public might be receptive to the idea as the change would eliminate the need for the Council to appoint someone to fill out the term of any Councilmember who may be elected Mayor with two years of his/her Councilmember term remaining. City Manager Horsley offered the argument that other cities our size, as well as Mendocino County, do not directly elect the chairperson of their councils or boards. Councilmember Chavez noted she had the same concerns originally as City Clerk Henderson, but noted there are valid reasons for eliminating the direct election of the Mayor. Discussion ensued regarding the issue. Regular Meeting - March 4, 1998 Page 2 Llt was the general consensus of the Council to refer the matter to staff for preparation of possible ballot arguments, together with an estimate of the costs involved of putting the matter on the November ballot. 7c. Refinancing of the Senior Center Lease Purchase Agreement City Manager Horsley noted this matter was brought before the Council as an urgency item in order to respond to the Senior Center's immediate need to refinance its Lease-Purchase Agreement. The City acts as a conduit only for these funds, assuming no liability. MIS KellylMastin to approve the refinancing was withdrawn by the maker and the second on advice of City Attorney Rappod. It was the consensus of the Council to refer the matter to staff, so required procedures, including a public hearing, may be followed in order to facilitate this request. The matter will be brought back before the Council at its March 18, 1998 meeting. 8. .CITY COUNCIL REPORTR Councilmember Chavez thanked staff for continuing to work with the Main Street Committee to facilitate the Cinco de Mayo parade. The Main Street Program is hosting a volunteer appreciation evening. She encouraged the Council to suppod the American Cancer Society's Daffodi/Days fundraiser. Councilmember Ashiku had nothing to report. Councilmember Kelly expressed her concern for the location of a new school in the Lover's Lane area. She noted a forthcoming informal meeting between County of Mendocino, City of Ukiah, and Ukiah Unified School District representatives regarding the location of the proposed new elementary school. She would like to see the documentation from the State which addresses the issue of locating the school near the Airport. She attended an Economic Development Financing Corporation meeting; all of its loan funds have been distributed. She attended a Mendocino Council of Governments meeting; it looks as if the Willits Bypass will be fully funded. She attended a County Board of Supervisors meeting to advocate for the selection of a contractor for the Air Quality Study. She shared a copy of the Skateboard Park Committee's spread sheet with the Council; the first- choice site location for the park is Low Gap Regional Park. She met with a group of people from the "Oleander Neighborhood"; she was very appreciative to staff for facilitating this positive meeting. She attended a meeting of the Transit Station Committee. Councilmember Mastin attended a Mendocino Solid Waste Management Authority (MSWMA) meeting at which the issue of illegal roadside dumping was addressed. He was pleased to have Ukiah Unified School District cosponsor Recycling Day at Eagle Day School in Redwood Valley. He requested the matter of the future of the MSWMA North State Street Transfer Station property be agendized. He attended a meeting of the Mendocino Transit Authority which dealt with budget matters. He noted Larry Sheehy will be sponsoring a workshop at which the idea of "local currency" (a barter system) will be explored. He asked the location of "River Street," the site of a proposed liquor license for use by The Pub. City Manager Horsley noted the license was most likely to serve a concession stand. River Street is probably a former name for Gobbi Street, east of Highway 101. Mayor Malone attended a Chamber of Commerce retreat in Samoa. He attended the scoping session for the Transit Station site. He distributed copies of AB96, dealing with the use of transportation dollars. He noted the upcoming Mendocino County Employers Council reception. 9. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley showed the Council draft designs for City directional signs and asked for their lOa ITEM NO. DATE: May 6, 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVE DIRECTION TO STAFF TO PREPARE A DEVELOPMENT PROCESS REPORT FOR THE RAILROAD DEPOT PROPERTY SUMMARY: Over the past two (2) years, there has been considerable interest in planning the future development of the railroad depot property. The Mendocino Transit Authority is interested in developing an intermodal transportation center on a portion of the property, and has hired two (2) consultants for assistance; the Chamber of Commerce has formed a broadly represented committee to participate in the "Master Planning" of the site; the Cultural and Recreation Center Committee is interested in possibly developing a portion of the site; and the property owner, the North Coast Railroad Authority, is very anxious to lease and/or sell the land to generate seriously needed revenue. The City has assumed the role of facilitator, with a number of staff participating in various capacities. While all of these interests are community-minded and laudable, it appears that they are moving in different directions without a clear understanding of the development process that is crucial to their success. It is staff's opinion that the roles of the key players needs to be defined, and the development process clearly articulated, so that if and when an actual project emerges, the manner in which it proceeds through the decision-making process is explicitly understood. Accordingly, it is suggested that the City Council direct staff to prepare a Development Process Report to provide this important instructional and support information for the organizations that are interested in pursuing development of the railroad depot property. It is anticipated that the Development Process Report will be presented to the City Council at the regularly scheduled meeting on May 20, 1998. RECOMMENDED ACTION: Direct staff to prepare a Development Process Report for the railroad depot property. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that a Development Process Report for the railroad depot property is unnecessary at this time. Appropriation requested: N/A Citizen Advised: N/A Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: N/A APPROVED' ~ J~~~~ Ca-n~lace Horsley~ City Manager AGENDA SUMMARY 10b ITEM NO. DATE: MAY 6, 1998 REPORT SUBJECT: APPROVE SOLE SOURCE PROCUREMENT AND AWARD CONSULTANT AGREEMENT TO ESA FOR THE PREPARATION OF A SUPPLEMENT TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR A UKIAH LANDFILL PERMIT REVISION IN THE AMOUNT OF $18,000 City Staff is requesting that the City Council approve a sole source consultant service procurement and award a Consultant Agreement to Environmental Science Associates (ESA) for the preparation of a supplement to the Final Environmental Impact Report which was prepared for a revised Solid Waste Facility Permit and which was certified on February 8, 1996, by Resolution No. 96-38. The revised Solid Waste Facility Permit (SWF Permit) was issued on August 8, 1996, and it allowed the City to accept waste from an expanded service area including the cities of Fort Bragg and Willits, and the adjacent unincorporated County areas. The revised SWF Permit permitted the City to accept a daily maximum tonnage of 190 tons and via the approved mitigation monitoring plan it restricted morning opening hours for the landfill users from the expanded service area to 8:00 a.m. The cities of Fort Bragg and Willits, and Mendo¢ino County Staff have requested the City to seek a revision to its SWF Permit which would allow their permitted waste haulers to utilize the landfill beginning at 7:00 a.m. which is currently allowed for the City of Ukiah's hauler and Empire Waste. CONTINUED ON PAGE 2 RECOMMENDED ACTION. Approve sole source Procurement and award Consultant Agreement to ESA for the preparation of a Supplement to the Final Environmental Impact Report for a Ukiah Landfill Permit Revision in the amount of $18,000. ALTERNATIVE COUNCIL POLICY OPTIONS' 1) Not approve a sole source procurement of consultant services and direct the preparation of a Request for Proposal. 2) Take no action on the proposed Stipulated Order of Compliance and Agreement No. 98-01. Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments. N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager David J. Rapport, City Attorney 1. Proposal from ESA. 2. Request for Proposal from City Staff. APPROVED. Candace Horsley, Cit~ R: 1 \LAND FILL:kk AESA.2 Manager Approve Sole Source Procurement and Award Consultant Agreement to ESA for the Preparation of a Supplement to the Final Environmental Impact Report for a Ukiah Landfill Permit Revision in the Amount of $18,000 May 6, 1998 Page 2 It is also necessary to apply for a revision to the SWF Permit which would allow the City to accept up to a maximum of 295 tons per day. Since the receipt of solid waste from the cities of Fort Bragg and Willits (September 2, 1997), the City has exceeded the permitted maximum daily tonnage on several occasions. On November 1, 1997, the City of Fort Bragg elected to direct its compacted refuse to the Potrero Hills Landfill and since that time the frequency of the exeedance of the permitted tonnage has been reduced dramatically; for the months of February and March 1998 the exceedance has occurred once in each month. However, even without Fort Bragg's compacted refuse, it is anticipated that if the maximum daily tonnage is not revised to a value above the current 190 tons, the City will once again exceed the daily limit on a more frequent basis during the forthcoming late spring and summer months because the waste stream traditionally increases during that time of year. When the EIR was prepared for the permit revision it was intended that the City would apply for a daily average tonnage of 190 tons and a daily peak of 295 tons. The analysis of the potential impacts to the environment for each area of concern considered these desired rates of waste input and compared them with the current base level, waste input of 98 tons per day, and the 1978 Solid Waste Facility Permit descriptive base line of 50 tons per day except for the noise analysis. The noise analysis considered potential noise impacts related to a daily average of 190 tons, but not for a daily peak of 295 tons. This oversight was brought to Staff's attention two weeks prior to the hearing date before the California Integrated Waste Management Board Permit Committee and since there was no time to revise the EIR, Staff revised the Permit application to include a daily average and daily peak of 190 tons. Subsequent to consultation with the City Attorney, Staff has concluded that the appropriate environmental review of the desired Permit revisions, would consist of a supplement to the Final Environmental Impact Report (FEIR) and a public review and comment period. At the conclusion of the public comment period, responses to comments and any applicable revisions to environmental review will be made and a public hearing conducted for the purpose of certifying the Supplement to the FEIR and to adopt new findings. Because ESA prepared the FEIR and is very familiar with the issues at hand, Staff recommends that the City Council approve a sole source procurement of consultant services and award a consultant agreement to ESA for the preparation of a Supplement to the FEIR and the performance of other work items as identified in ESA's letter proposal dated April 17, 1998. ESA proposes to complete the Supplement on a time and expense basis not to exceed $18,000. ESA has also committed to completing critical milestones within the entire process which have been incorporated into a Proposed Stipulated Order of Compliance and Agreement No. 98- 01 which will be considered by the City Council following this agenda item. It is to be noted that ESA's commitment to the schedule is predicated on receiving an authorization to proceed no later than May 7, 1998. RHK:kk R: 1 \LANDFILL:AESA.2 ESA Environmental Science Associates April 17, 1998 Mr. Rick H. Kennedy, Director of Public Works/City Engineer Public Works Department City of Ukiah 300 Seminary Avenue Ukiah, California 95482-5400 Regarding: Proposal to Prepare a Supplement to the Final Environmental Impact Report on the City of Ukiah Landfill Permit Revision to Address Noise Issues Dear Mr. Kennedy: Environmental Science Associates (ESA) is pleased to present this proposal to prepare a Supplement to the Final Environmental Impact Report (EIR) on the City of Ukiah Landfill Permit Revision. This proposal consists of a scope 6t work and a corresponding fee. Scope of Work We will complete the tasks described in your letter of April 3rd, 1998. In'summary, these tasks include: · Comparison of truck noise associated with a waste acceptance rate of 295 tons per day with corresponding baseline truck noise levels associated with 50 and 98 tons per day. · Comparison of truck noise associated with the removal of the time restriction with baseline truck noise' levels associated with 50 and 98 tons per day. Analysis of landfill equipment noise associated with a waste acceptance rate of 295 tons per day and a comparison of these levels with baseline equipment levels associated with 50 and 98 tons per day. Identification of a daily maximum waste amount that would not cause a significant noise impact if the analysis shows that either truck or equipment noise at 295 tons per day would result in a significant noise impact relative to baseline noise levels. Determination of environmental impacts, including those related to noise, that would result from construction and use of a new landfill entrance road along the southwesterly property line of the Gun Club. It is our recommendation that the data and analysis be presented to the public and decision-makers in the form of a "Supplement to an EIR" under CEQA Guidelines Section 15163 rather than a "Subsequent EIR" under CEQA Guidelines Section 15164. With a Supplement to an EIR, a complete EIR need not be circulated. Instead, the noise analysis alone can be circulated for public review and comment. In preparing the Supplement, we will endeavor to update and supplement all of the relevant noise data and analyses previously completed for this project, including the data and conclusions described in our letter to you dated January 2, 1998. 225 Bush Street, Suite 1700 San Francisco, California 94104 (415) 896-5900 / fax 896-0332 email: esa.sf@esassoc.com ESA Environmental Science Associates Mr. Kennedy April 17, 1998 Page Two Fee ESA proposes to complete the Supplement to the EIR on a time-and-materials basis not to exceed $18,000. This fee includes five copies of an administrative draft supplement, 25 copies of the public draft supplement, five copies of the administrative final supplement, and 25 copies of the final supplement. The fee assumes a maximum work effort of 40 hours by ESA staff to respond to public comments on the draft supplement. If the effort to respond to public comments would appear to exceed this effort, we would negotiatc with the City at that time to determine an appropriate ceiling limit for the final supplement. I understand the time pressure for completing this work, and ESA is prepared to meet your schedule by submitting the administrative draft supplement to you no later than June 11, 1998. This letter confirms our commitment to meeting your proposed schedule (dates shown below): · Authorization to Proceed for ESA: ASAP, no later than May 7, 1998. · Administrative Draft Supplemental EIR (ADSEIR): June 11, 1998. · County Review of ADSEIR: June 11 - June 18, 1998. · Publish Draft SEIR: June 26, 1998. · Public Review of Draft SEIR: June 26-August 10, 1998. · Final Hearing on Final SEIR: September 2, 1998. Thank you again for the opportunity to provide additional environmental consulting services for this project. ~~ r~,~ely, Paul Miller Project Manager Corporate Acknowledgement by: Title: Date: 300 S~VE. UKIAH CA 95482-5400 · Al)MIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · April 3, 1998 Paul Miller ENVIRONMENTAL SCIENCE ASSOCIATES 225 Bush Street, Suite 1700 San Francisco, California 94104-4207 RE: CITY OF UKIAH LANDFILL NOISE STUDY (ESA PROJECT REFERENCE 980031 ) Dear Paul: Thank you for taking the time to discuss the City's desire to expand the Noise Study previously completed by ESA which evaluated the noise impact associated with allowing new waste customers to use the Landfill beginning at 7:00 a.m. in-lieu of 8:00 a.m., and which also evaluated the noise impact associated with a peak daily disposal rate of 295 tons per day. In summary, the expanded study would include the following- I o A comparison of truck noise associated with a peak daily tonnage of 295 with the base line noise associated with 98 and 50 tons per day. Is the increment increase from either of the base line levels greater than the significant threshold. . A comparison of truck noise associated with the removal of the time restriction with the base line noise associated with 98 and 50 tons per day. . An analysis of landfill equipment noise for a peak daily tonnage of 295, and a comparison to the base line noise for 98 and 50 tons per day averages, to determine if the noise level for the 295 daily peak exceed the significant noise threshold of 3dB which was established in the DEIR. Mr. Paul Miller April 3, 1998 Page 2 . if the established significant thresholds are exceeded in either 1 or 3 above, what daily maximum waste amount would not cause exceedence of the noise threshold. . A determination of noise levels that would most likely result by reason of a new landfill entrance road constructed along the southwesterly property line of the Gun Club property. What other impacts would most likely result by reason of the road construction. The City will provide a topo map with the road alignment depicted and approximate road grades shown. The City desires to circulate the expanded study for public review and comment and, therefore, it should be in a subsequent EIR format. The report would also contain amended findings for the proposed changes from the current daily peak of 190 tons, the previous change in the truck mix which was identified in the previous report, and the one hour change in the allowed morning hours for new waste customers. Another change that can be incorporated in the above analysis, is the decision of the City of Fort Bragg to direct their compacted waste to another destination landfill; the transportation pod trucks are no longer arriving at the Landfill. After the study has been adopted by the City it will be submitted to the Local Enforcement Agency with our application for a revised facilities permit, which if approved, would allow us to accept a daily peak of 295 tons. Your cost proposal and time schedule for the performance of the revised study is requested. Your most earliest attention to this matter is appreciated. Sincerely, Diirect~r of Public Works/City ~n~eneer CC' Candace Horsley, City Manager David J. Rapport, City Attorney RI IK:kk R: 1 ~-ANDFILL LMILLER.$ PACKET ADDmON C[-~-'i'T-~.. 0 F -U K!A--H ............. ~ ...........[ ................. F .......... [SOLID WASTE DISPOSAL SITE ] ..... L ............... ~'~~-~-~E~5~ERTED TO TONS AT 300 LBS. PER CY) TOTAL TOTAL Date THROUGH VOLUME ....... GATE RECEIVED Apr:.9a ...................... Cy ....... TONS TONS I We_dp_e_.sday ........ 27.9_._89 '" i-24155 '166.'53'' ' ...... ~ ...... Thursda' 232.00 .....i-~3~96' 158.76 3 Friday 169.70 114.67 ..... 4 ...... .~-' .-,~t~'d~.~ '-~!82:16 ........ 4;87- 6 -- _ ._M°_n_day ....... 35:40 ............. - '89.59 '.'-711- ._. _T__uesday ..... 315.17 143.54 8 Wednesday 337.50 116.61 9 Thursday 235.00 117.73 .'_"_ _10'-I ..-:¥.~ F_r!da-Yi-__~-".¥_2_-9:..20 .... !04:TM .. _148.53 .1 ! ...... Saturday ........ 72.90 20.82 31.76 13 Monday 10.60 ' '701® ' 72.22 14 Tuesday 335.80 115.87 . 15 wedneSday. 394.03 i10.95 .... !6 ....... __T_h..u rsda_y272.13 79.00 17 ...... F._r!~day ...... '~-_.-_~§7_1.97- 18 Saturday 251.66 21.81 20- ....... -~°n'da~- 43:i]0 71.21 ..... 2~ ...... ~'t~e'~la-y- ~-98~:I-0 149.76 22 ' ' D~/~-d ~d-a¥ ........3,~81~:3 154.27 ...... 23- ..... l'-'i'h-~i~;d~- 194.03 175.39 - 24 .... / .... ~ridaY ....... 272126 ...... 86.72 i27.56 25 I Saturday' [ 133.40 22.10 42.11 ' 27 t Monday ' '74.00 73.04 84.14 0 ...... 191.49 29 I Wednesda, 415.54 138.95 ' 20'1;28 .... 30 .... l -E~ 874~-1-31-:§~' MONTHLY TOTALS 3,526.40 AVERAGE VOLUME (TONS) PER DAY = 135.63 140.13 321i9 ........... 9.4.90 190.82 . 167124 166.24 170.05 119182. 11~-~8i 59.56'-'ii" _ _'_ i_-.ii.'i' ._ i- iii-'iz_z.Z ii- _ ..... 2O9.48 _ '_~. i AGENDA SUMMARY 10c ITEM NO. DATE: MAY 6, 1998 REPORT SUBJECT: CONSIDER AND APPROVE PROPOSED STIPULATED ORDER OF COMPLIANCE AND AGREEMENT NO. 98-01 PERTAINING TO UKIAH SOLID WASTE DISPOSAL SITE AND AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT Pursuant to the current Solid Waste Facility Permit which was issued on August 8, 1996, the City is permitted to accept a maximum daily tonnage of 190 tons. Since the receipt of solid waste from the cities of Fort Bragg and Willits (September 2, 1997), the City has exceeded the permitted maximum daily tonnage from time to time. On November 1, 1997, the City of Fort Bragg directed its compacted refuse to the Potrero Hills Landfill, and since that time the frequency of the exceedance of the permitted tonnage has been reduced dramatically. For the months of February and March 1998 the exceedance has occurred once a month. Submitted for the City Council's consideration and approval is a proposed Stipulated Order of Compliance and Agreement No. 98-01 which, when executed, will permit the City of Ukiah to continue receiving waste at the City's Landfill after reaching the permitted daily maximum tonnage while the City completes the necessary steps to obtain a revised Solid Waste Facility Permit allowing a higher daily maximum tonnage. The time frames stipulated in the agreement coincide with milestones committed to by the Consultant who has been selected to prepare the Supplement to the Final Environmental Impact Report prepared in January 1996. Without this Stipulated Agreement or a revised Solid Waste Facility Permit, it would be necessary to close the gate to the landfill without notice once the permitted maximum had been reached. RECOMMENDED ACTION- Approve the Stipulated Order of Compliance and Agreement No. 98-01 pertaining to the Ukiah Solid Waste Disposal Site and authorize the Mayor and City Manager to execute the Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS' Not approve Agreement and instruct Staff to close Landfill upon reaching maximum daily tonnage of 190 tons. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager David J. Rapport, City Attorney Attachments: 1. . Proposed Stipulated Order of Compliance and Agreement No. 98- 01. First page of Solid Waste Facility Permit. Monthly Tonnage Reports from September 1997 to March 1998. APPROVED: R: 1 ~-ANDFILL:kk ACOMPLIANCE.981 Candace Horsley, City Manager UKIAH OFFICE 501 Low Gap Road, Room 1326 UKIAH, CA 95482 (707)463-4466 FAX (707)463-4038 TO: FORT BRAGG OFFICE 120 WEST FIR STREET FORT BRAGG, CA 95437 (707) 964-4713 COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC IIEALTH DIVISION OF ENVIRONMENTAL HEALTH STIPULATED ORDER OF COMPLIANCE AND AGREEMENT #98-01 UKIAH SOLID WASTE DISPOSAL SITE #23-AA-0019 April 30, 1998 SHERIDAN MALONE MAYOR CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 CANDACE HORSLEY UKIAH CITY MANAGER 300 SEMINARY AVENUE UKIAH, CA 95482-5400 FROM: JOHN D. ROGERS, DIRECTOR MENDOCINO COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH LOCAL ENFORCEMENT AGENCY 501 LOW GAP ROAD #1326 UKIAH, CA 95482 RE: CITY OF UKIAH SOLID WASTE DISPOSAL SITE 23-AA-0019 SE 1/4 SECTION 10, T15N, R12W, MDB&M Located the end of VICHY SPRINGS RD UKIAH, CA 95482 A) PERMIT CONDITIONS Public Resources Code Section 44014(b), Terms And Conditions Of Permit Permitted daily tonnage identified in the 1996 Ukiah Solid Waste Facility Permit #23-AA-0019 is 190 tons per day. Beginning in September, 1997, the landfill began accepting solid waste from the Cities of Willits and Fort Bragg. With the additional waste the permitted daily tonnage of the landfill was exceeded. Beginning November 1, 1997, the landfill was no longer receiving waste from Fort Bragg. A review of the volume records for December, 1997, and January, 1998, indicates that, though there was a reduction in the number of days each month the daily tonnage was exceeded, the daily tonnage still occasionally exceeded the permitted tonnage. B) SPECIFIC ACTION In September, 1997, the City of Ukiah notified the Local Enforcement Agency that the landfill was exceeding its permitted daily tonnage. In correspondence with the Local Enforcement Agency the City of Ukiah agreed to amend the 1994 Noise Study that was performed for the Draft Environmental Impact Report, and revise their Solid Waste Facility Permit to increase daily tonnage. The Legal Counsel for the City of Ukiah has advised the City on pursuing the amended Noise Study and Environmental Impact Report. C) CONDITIONS: The City of Ukiah will meet the following conditions: 1. Seek City Council approval for proposed project to amend noise study and prepare Supplemental Environmental Impact Report by May 2. Perform noise study and prepare Supplemental Environmental Impact Report to be completed by June_l~ 19~k8. 3. Staff review and comment on Supplemental Environmental Impact Report to be completed by June_l~~98. 4. Public Comment Period for the Supplemental Environmental Impact Report to be completed by ALLgLLs_t_i~Q, 1998. 5. Response to public comments to be completed by_Augus~_lg_,_lg_981. 6. Hearing on certification of Supplemental Environmental Impact Report to be completed by S_eptember_2,._1998~.i Failure to comply with the conditions and deadlines contained in this Stipulated Order of Compliance and Agreement may lead to action being taken pursuant to Public Resources Code Section(s) 45023 and 45305. The parties agree that as long as Owner/Operator complies with the interim operating conditions set forth herein, the Mendocino County Division of Environmental Health shall take no other or further enforcement action against the Owner/Operator or its officers, agents, or employees with respect to the violations described in this Stipulated Agreement. OWNER/OPERATOR: City of Ukiah Date: Sheridan Malone Mayor City of Ukiah Date: Candace Horsley Ukiah City Manager LOCAL ENFORCEMENT AGENCY: MENDOCINO COUNTY DEPT. OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH John D. Rogers, Director Division of Environmental Health Local Enforcement Agency Date: _ A~_]~-~ ~ [~~ DECLARATION The allegations contained in this document are based on research of existing documents, inspections, or personal knowledge of John P. Morley, REHS III: I am duly employed as an Environmental Health Specialist with The Mendocino County Department of Public Health. John P. Morley, REHS III. WASTE FACILITY PERMIT 1. Facilhy/Pernfit Number: 23-AA-0019 2. Name and Street Addres of facilitys: Ukiah Solid Waste Disposal Site 3100 Vichy Springs Road Ukiah, CA 95482 3. Name and Mailing Address of Operator: City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 4. Name and Mailing Address of Owner: City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 5. Specifications: a. Permitted Operations: .. Composting Facility Processing Facility (mixed waste) Composting Facility Transfer Station (yard waste) X Landfill Disposal Site ~ Transformation Facility Material Recovery Facility Other: · b. Permitted Hours of Operation: Open to public 8:00 a.m. to 4:00 p.m, Tuesday-Saturday. Open to commercial haulers 7:00 a.m. to 4:00 p.m. Wednesday-Friday, 8:00 a.m. to 4:00 p.m. Saturday, 6:00 a.m. to 4:00 p.m. Tuesday and days following holidays. c. Permitted Tons Per Operating Day: Non-Hazardous - General Non-Hazardous - Sludge Non-Hazardous - Separated or commingled recyclables Non-Hazardous - (see Section 14 of Permit) Designated (See Section 14 of Permit) Hazardous (See Section 14 of Permit) d. Permitted Traffic Volume: Incoming waste materials Outgoing waste materials (for disposal) Outgoing materials from material recovery operations Total Total Permitted Area (in acres) Design Capacity Max. Elevation (Ft. MSL) Max. Depth (Ft. BGS) Estimated Closure Date e. Key Design Parameters (Detailed parameters are shown on site plans bearing LEA Total ! Disposal I Transfera 283 a I 40 a 3,700,000cy 95O ft 80 ft 9/98 - 10/99 tpd 190 Tons/Day 190 Tons/Day 0 Tons/Day 4 Tons/Day 34 Tons/Day 0 Tons/Day 0 Tons/Day 210 Vehicles/Day 190 Vehicles/Day 10 Vehicles/Day 10 Vehicles/Day and CIWMB validations): MRF tpd Compost Transformation a a tpd tpd This permit is granted solely to the operator named above. Upon a significant change in design or operation from that described herein, this permit is subject to revocation or suspension. The attached permit findings and conditions are integral parts of this and the conditions of any previously issued solid waste facility permits. 6. Approval: Apl~¥;ing'Officer Signatur~.~ John P. Morley, REHS III Name/Title 8. Received by CIWMB: '~i~U~L I 5 1~)~ 7. Enforcement Agency Name and Address: Mendocino County Division of Environmental Health 880 North Bush Street Ukiah, CA 95482 9. CIWMB Concurrence Date: ~UL 5 0 1296 11.Permit Issue Date: AUGUST 8, 1996 10.Permit Review Due Date: AUGUST 8, 2001 c~¥ o~ u~,^~ I ......... / / " ~EIVED (CONVERTED TO TON_S AT 300 LBS. PER CY) Prepared By: RickSeanor .... I' TOTAL ........... :rOTAL THR~)'UGH ............................. VOLUME Date ...... Day GATE -~I~EI~-E~D- ............ Sep-97 CY ..... ~0NS ........ -T0 ~i~ 1 Monday 0.00 0.00 0.00 ..i.111-'2 .... TU~'S~a~ ........ ; ......... 562.00 '' ~80.61 ........ 264:91 '- ~ ' 3 Wednesday , 459.60 183.74 252.68 ~ ...... ...... 4..... Yh;;~d-~;;)- ................ ~i-~:~8 ...... i48:~,~ ......... 2~_~:~3~ .... ~ ..... ..... ~'-.'_ ~i'_~.a-.~II::_~ ....... ~i ~-_L-_-_-~..0~'~_.-°._i;_'_-~'.3 ~ii0~ ?_':--_-_-_~_~:~ 6 Saturday 288.45 45.38 88.65 8 , Monday 12.20 ---~-~..-§:~- ...... ---~ i~-1- ~ '~ _-~i .9-- .'_~ i-~.~-~_~,." ~_i i~.~ii' i i~.~-:i_-~-"~'~_ !~-? 0 _-i i-ii~!-~ i~_.~ ~_' ii.:~_~-. ~ ~ ~-: ~ ~ 10 Wednesday 342.50 150.38 201.76 ___11 ..... _Thursday , '-_~ 'Z__~__1.3-0_6_-'.~ 0_-' _~.i~-_i~-5~ ~i~ ~'`--~--_-_~_-_ _~_~_~)_~6_-_~- 12 Friday 494.40 148.08 222.24 ..... i 3 .... s'at~rd~;~ ........ , ....... 389:~0~ ......... ~26~8~ ............ 85-:25" ---15 .... M 0~-d ~y ........ : ........ i-~ 6:00 ..... 1- 2 i-:88; ........ 1'39 :-2 ~ ~ 6 ..... T~-e~ciay ....................... -44'6-48 ........ 1-6o 8 i-I ....... 227-~8 ...... --~ ......................... " ............... ;-- h ........... '_ .................. 17 ;Wednesday 288.31 176.34 219.59 -~ 18 Thursday 338.50 164.97 215:75 19 Friday i 425.84 i 33.46 197.34 20 ;Saturday .. 304.60 20.55 66.24 . 22 Monday 51.80 100.00 107.77 --'23 ..... :1;~ e~ d a~/ .................... 4 ~ ~ i"~6 ....... 1 ~3 ~-i 99 ........ ~203.'30 ........ ~ ..... 25 Thursday _! 268.96 139.79 180.13: 26 ..... Fr.!d.ay .................. 448:_2_0, ..... ? 32t24 ........ _1_99:~4_7. __~ .___27 ...... Sa?u_r_day- ............ 2_6_6:_ .46 23.25. 63.22 29 Monday 111.70 .......... 8'8':92- .............. ~'-05~68 '.~'-_~_ 30.'I -.-' .TUesday' '~'":_--~ ._-~_:_-.~i ..40, ~3_0, '.-i..-'~_ 1_ 3_8;04.I '_'-~'_'~'_i 1~9_-9_~) .4 i~ I i MONTHi'Y TOTALS ..... I ...... 8,609118 '31i38.0~ .... 4,429.45 ..................... AVERAGE VOLUME (TONS) PER DAY = --~-~'~;-1--~ 'CITY OF UKIAH ~6~.~~:~-E-I~)~I~-((~ON~/ER-:rEb"T6'~rONS-AT3OO-~BS: pER CY) ..... [ ,~r~~~. , ....... ................... . ........................................... ............ / ............................ l ............... ~H~'bu~H ................ -VO~UUE 0ct-97 CY TONS TONS 1 Wednesday ........ ~ ~'~ ~-2-5 .... ~-~5'~-, 21-8 ~29, .... -~ ...... -' -4 ' ']Saturday ............................................................. 194.50~ 124.67~ 153 85 7 Tuesday 535.20 157.71 237.99 ......... . _ .......... -., 8 Wednesday ' 475.90 i67.59; .... 238.98 ..... 9 yhUrsday ......... 209 88 1'60"i2 ~ ...... i91-60 10 ~[~.~_ay ............. 444.30 148.46t ........ 2i5:~ .... ~- -- 11 Saturday ............ ~'~'00 ...... -4~'";-3~ ...........i-'0~ ............................... 13 Monday ............... 0~00 0.00 -0~'~ 16 Thursday 357.52 145.60 199.23 .... ~. ~"~i7....... ..... _~_Friday_"~-~.~_~.~-_~_~........... -24~.~0 ..... ~'~-5t~l ........... 2o2:~ 18 Saturday ........... 2~8~95 .... --2~':~-1 .............. ~5-~55 ....... ' ' 20 .... 'M~nd~ ...... ' ............................................................... 36.00 82.69 88.09 --'t ............... 1 .................... I ............... I .... 1 ........... .... ~ ..... ....... T..~day 438.50 ~48.33 '~'4.-~'~ 22 Wednesday 360.30 '- 'i 5~ .77 ......... 205.82 23 .................. 432.20 ...... ~ 50~'46 ........... 215:2~ Thursday 24 Friday 417.90 112.00 1 74.69 27 ,Monday 114.40 82.53~ 99.69 "- 28 ~Tuesday 504.64' 162.67 '238.37 29 ~Wednesday 380.70 1~4.62 201 ~73 ..... ' ....................... .... .......... ................ MONTHLY TOTALS 8,528.26 3,420.58 4,699.82 CITY OF UKIAH _l . I SPEci~-L WASTE WORKSHEET ! -- -i ~_~CEIVED (CONVERTED TO TONS AT 300 LBS. PER 1~E~-~'997 '¥ ' I ...... t ......... / ..................... ..........I ........................ I TOTAL TOTAL THROUGH VOLUME Date Day GATE .......... N°v-97J ................. Cy- - J 'ToNs ...........J TONs ........... s~t_urd_a~y ................... _2..2.8_:.60 j ..... 2 )__:.8__g .................. 56.:_O_9 ....... 3 Monday 72.00 62.94 73.74 ..... ,~ .... :I:U~S-d'~y .................... 466.~ .....:1-1 ~:9-~ .............. ~ 5 Wednesday 418.40 110.16 1 72.92 6 hursday 339.90 100.86 151.85 10 Monday 75:'00 .... 93'.44 .......... 104169 .............. ..... °i'°o '.0:oO ..... i_2_L¥' 12 tWedn.sday 651.40210.38j 3O8.O9 ....... i'3 .... Th~i~da~; ............. 328 ooj --':13~ 79j .............. 186"'~9 ............. 14 Friday . 260.44J -i~7',92[ ............... ~661~9 .......... ....... i'~ ..... ~-~{[,Fd-~; ............... i4'7.40 ....... 2310'7 ............... 45-:'i-'8 ............................................17 Monday 83~-9-6 ...... 62:25. .................7~:8~ ................... ........ , ........................ o ............ , 18 Tuesday 417.30 123~i7 ............... 185-:~7 ......................... 19 Wednesday 320.40 '---:133.91 ..................... 1'81~97 .......................................... 20 Thursday 249.70 127' 19 164.65 ..... ,~1- ....... ~i~i~,/ .......... 28i:'5:) ...... ~,~-97 .............................................. 135.21 ...... ~2 ...... S-~:[~'r'd'a ~ ............... -~'~ I~ ~-~'(~ ....... 2~J'i 74 ............ ~,~.53- .................................. 24 Monday 76.00 .... ~:~:95 ...................................... 74.35 25 Tuesday 428:60 -'1-15-128 .............. 179157 26 Wednesday 232.80 160.07 . 194.99 27 Thursday 0.00 ...... 0:60 ..................... 0.b0 .................. 28 Friday 318.65 144.67 192.47 29 Saturday 13 ~ ~4-~'' ~ ~-~-~-i- 78.48 ................. t .................. · ................................ MONTHL~Y'TO:rALS 6,330.66.'2,246.85 !' 3,196.45 ......... j ...................... ~ .............. L AVERAGE VOLUME (TONS) PER DAY = ~ ................. i38'~98 ............. SOLID WASTE DISPOSAL SITE ~~CEivED'(CONVERTI~D 'TO TON~3 AT 300 LBS.'pER-cy) Prepared By: Rick Seanor | ................................................ THROUGH VOLUME Date Day GAT[ RECEIVED Dec-g7 CY --~°N'~ .... TONS ...... ~ ...... Mo-n~ ~ ~ .....................68:60 ...... 103,~'1 ............. i 14,0'i .... -~ -~ ~-~-~-~- ...... ' 72.29 133.22 .......... ~-8~5~- .... 4 .....~h~rsday 260.30 147.88 186.93 5 Friday ..... -~-4 ~ ~'6 .... ~-b~58 ................. i~8.5 ~ 6 Saturday 155.70 29.48 52'~84 8 Monday 105.00 65.13 80.88 9 Tuesday 463.64 1OO.83 170.38 10 - 'wednesday. 348.70 112.72 ..... i65.03" --~ .... ~ ..................... ~ ........... ~ .... 1 Thursday 220.20 119.25, ........ 152-'28 .......... .... i~'~LF~id~ ............ [' ............ 53i.04 ' 132.24j .... 211:90 .... ~--' ..... ~-~- ~r~ ..................... 529:~5 ........ 2~24 ............... 58~7- ............ 15 Monday 28~00 ~:~8 ......... 62.98 ...... ] ~ .... ~.~.~ ..... 270.50 112.70-~ 153.28 18 Thursday ........... ~ ~.55" ..... ~55~ ................ -~'~:'~2 19 Friday ......... i~':'60" ....... ~'-~'b:6~- 135.04 20 Saturday 133.71 33.50 53.56 2~ ' Monday 28~10 ' 48.07" 52.29 .... 24 Wednesday 275.30 132.31 173.61 25 Thursday 0.00~ 0.00 0.00 26 Friday 157.40 114.71 138.32 .... 27 Saturday 128.3.0 .......~ 6.~- 85.87 .... 30 ....Tuesday 502.20 .... 168.~9~ ..... ~--.-'~.-'~-2~4~'~'~'~-.~.- .... ~ ....... ~.e~n~_day_-'~ .... _ _¥~42._78 "123.67 190.09 / ONTHLY TOTALS 6,557.71[2 583 56j 3 567 22 AVERAGE VOLUME (TONS) PER DAY = 137.20 j CITY OF UKIAH ~ i SOLID WASTE DISPOSA~.'-~i'T-~ .......... ~L ~01--~~-~-V~C-~-N~-E~-~'E~)-~'O- TO'~iS AT 3'O0'-~BS-:-~R ~& Time Printed: 2~3~98 9:25 ~ TOTAL TOTAL ................... D~e ...... t THROUGH - -~6LU~-E- _ ~'_~_ ..-...~ .. - --j~ .............. ~ ............. ~ATE REcEiVED ' ~ I -[ 'Th'~s~y-~ ........ ~':0~] .... 0:00~ '0.00 ~ ..... - -~ 2 ] Fri'd~ .... ~----~2-~,50[-' '155,71 189,84 ~ ' __ ~ 3 ~ . Sa~rd'~-~ ....... ~'~-~,5'0~ '~6,22-83,70 ~ .............. '~ ~__ L ~_~-~ ~5 ........ ~:0-0-'- 82:25' 8~.25 ~ '~ 6 ~ Tuesday --~---~8~ ....... ~-~9"26~' -1~2 ~2 ........... ~ 7 i Wednesday--~ 49270 11278" - i8669 ........ '. 8 j Thursday 345.60 118,8~ 170,67 ~ _~L ~. ~. ~___~._~'~ .~¢~- ..... ~:~ .... ~:~ .... ~-~:~ .......... . _ ~ ..... ~o .: ..... _s.~~- ~:~ ..... ~-~--~'~-:'~--t ........... , 12 Monday ....... ~'7~5 ....... -5~83 ..... 68~'30 - i ...... ............. f ..... r ............... ~ ............................................... ~ .......... ~. J._3 .... ~u~.~a~__ 244.30 134.1 170.76 ~ i . 14 .... W~dnesday 184.80 115.82 143.54 ~ 15 Thursday 88.70 135.70 149.01 . ~ 16 Friday 206.40 113.66 144.62 ~ '17 sat~r~-'* .... ~9~36 ...... 26.73 47~63 , 19 M?n~_a~ ..... 0 oo 76 46 ............. L ...... . . - 76j46 ......... ~ 20 Tuesday 206.80 ...... ~0~92[ ' ~4~.'9~-- ~ .......... ~ - 22 -~hu~d~- .... ] ..... 1~0 ...... i40'59 - i58 23" ........................ · . 23 Friday. ] .... 269.80 93.52j 133.99 24 J Saturday 178.80 32.75~ 59.57 26 --' M°n'd~ .... ~ ....... 2'8;-68 ~ ...... 75.70 78,~0 ~ .... : 27 '~ Tuesday ~ 510.88~ 114.72 19135 ' ..... ~ f ..................................... · ....j . ; 28 Wednesday 537.24 134.04 214.63 29 J Thursday ----~~ ...... i~-0~ ' 5~2 0i ........ ................ 30 __~._ Friday 5~'~- ..... ~-4,'- ~8'~ 3'~' ,~-~- - ......... 3~ _.[ ...... ~a_~ur~ ........... ~:~.~ ....... ~7.44 42.32 MONTHLY TOTA~ ............................. ~ ............ .. . J 3,471.23 'AVERAGE VOLUME (~ON~ ~-~-~ ~Ay' =' ' 133.51 ' iCITY OF UKIAH ~ / t ! I iSO~iD WASTM Di~'P~s,~,L S ~'E ~~ECEIVED (CONvF'RTED-T-~-T~NS AT' ~00 ~D~nted: I . I TOTAL -' ~ 6~'~,-L ......... Date ....... _THROUGH ...... V~LUME I GATE RECEIVED Feb-98 CY TONS TONS i 2 ' Monday ' [' 94.20 63 49 77 62 _-.'_'. ~ ~-._--3 .]-i---Tuesd'ay !-- :~45.30[ ..... :i"1-~.-3§---149'i';1'8 4 --i wednesday-II .... i9~:9~'I1 1~';4'52~' 17-3-9i- 7 . i! saturd.ay_ _[i_ ]2!.20,--' -23.80 ...... 26.98 .......... 9 [ Monday 77.80 "- 8¢.86 ---99.5-3 . 10 _ Tuesday i -' 246.10[ 99.97 i36'.89 i 11 Wednesday ' 245::10'1- "-114461 '-15i 23 '1 ' 12 l' ThurSday I 209.10!-" i-;1i 52[ 142:89-'- I 'i 13 . Fr, day t _ 265..28I 115.53k 155.32 - i 14 -i _Saturday l ....64.51i--___ 2~,'.81l 34.49 _., !6 , Monday !. 0.00[ '0.00[~ .... 0.0O 1~' . Tuesday i 213.631 - 1¢5.96' -208.~(~ ..... 18 i Wednesday 212.681 .... i15.34 - 'i47.24 ...... 19 Thursday ' -122.771 _ 143.4'i --16:1-.83 20 Friday 213.67/ 118.55: 'i50'60 'l .. 2i saturday I ..... 23 Monday i 0.00 78.35-' 78.35-I 24 Tuesday - 298.49 ' i'40.38 ' -i85.15 25- - Wednesday t" 26040 ' i5008~ -i89 14 ...... " 26 "-i Thursday I 343140 "i27196' -179147 ' 27 Friday i 252.89 87.69 125.62 ..... __ .28 ....... 1 __Saturday_~ .... 27_5_.49._~-__13.76, ..... iMONTHLY! TOTALS 'P-ERE~A/T2- ..... ' 2~1~953:7199 1AVERAGE VoLuME (T NS-) CITY OF UKIAH SOLID WASTE DISPOSAL SITE _-OTVRECEIVED (CONVERTED TO TONS AT 300 LBS. PER CY)___ MARCH 1998,.~ ~ Pr__ECP~_ ared~ick Seanor -- --. Date & Time Printed: 4/10/98 13:20 TOTAL TOTAL Date THROUGH VOLUME -- GATE RECEIVED Mar-98 CY TONS TONS I- __ ___ 2 Monday 27.94 77.79 81.98 -- __ 3 Tuesday 488.44 110.01 183.28 -- 4 Wednesday 332.40 ~ 16.89, 166.75 -- 5 Thursday 315.21 133,97 181.25 -- 6 Friday 264.84 117.86 157.59 _ 7 Saturday 223.96 22.48 56.07 __ 9 Monday 40.00 74.96 80.96 -- -- 10 Tuesday 204.31 117.33 147.98 -- 11 Wednesday 321.43 112.87 161.08 __ 12 Thursday 301.01 123.95 169.10 13 Friday 338.94 99.44 150.28 14 Saturday 342.12 22.39 73.71 16 Monday 19.13 94.66 97.53 __ 17 Tuesday 233.32 130.20 165.20 -- ___ 18 Wednesday 312.70 148.26 195.17 19 Thursday 177.8,~ 133,99 160.67 , 20 Friday 255.80 126.01 164.38 -- 21 Saturday 171.34 23.24 48.94 23 Monday 36.00 80.04' 85.44 24 Tuesday 344.50 100.13 151.81 25 Wednesday 216.90 113.66 14~20 t 26 Thursday 242.88 127.46 ~ 63.89 27 Friday 235.50 96.76 132,09 28 Saturday 165.70 23.44 48.30 _ 30 Monday 86.82 68..27 81 .~9 __ 31 Tuesday 194.27 89.28 118.42 -- _ --_ MONTHLY TOTALS 3,369.34 -- ~VERAGE VOLUME (TONS) PER DAY = --129.59 AGENDA SUMMARY ITEM NO. 10d DATE: MAY 6, 1998 REPORT SUBJECT: CONSIDERATION AND ACTION ON THE PROPOSED CLAY STREET RAILROAD CROSSING APPLICATION TO THE PUBLIC UTILITIES COMMISSION The Public Utilities Commission (PUC) staff have provided written comments to the City's draft application seeking the PUC's approval of a proposed Clay Street railroad crossing which is needed to enhance the traffic circulation adjacent to the proposed Intermodal Transit Center; a copy of the written comments are attached. Their written comments included suggestions which they believe should be incorporated into the final application to the PUC. Of concern to City staff is their request or suggestion that a construction plan be included in the final application and that the City investigate the possibility of closing one or more at-grade crossings within its jurisdiction in conjunction with the Clay Street project. The City's elimination of an existing crossing would support the Federal Railroad Administration's policy of reducing the number of at-grade railroad crossings which has been embraced by the PUC. It should be noted that the project is not currently at a point where construction plans can be prepared. CONTINUED ON PAGE 2 RECOMMENDED ACTION' 1. Consider the merits of the proposed application to the PUC for the proposed Clay Street railroad crossing. 2. Select which existing railroad crossing the City Council would consider for elimination (Airport Road, Commerce Drive, Talmage Road, Gobbi Street, Perkins Street, Clara Street, or Ford Street.) Consider the authorization to prepare a request for proposal for engineering services to prepare construction plans. 1 ALTERNATIVE COUNCIL POLICY OPTIONS. 1. Not pursue the final application. 2. Instruct Staff to submit the final application without selecting an existing crossing for elimination. 3. Direct Staff to design crossing when project design stage has been reached. Citizen Advised' N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Rick H Kennedy, Director of Public Works/City Engineer Coordinated with' Candace Horsley, City Manager Attachments' 1. Written comments from the PUC staff. 2. Copy of City's draft application. APPROVED: ~ { ,-~~.,_ R~:kk C~"'~d-ace' H0rsleY, City Manager Consideration and Action on the Proposed Clay Street Railroad Crossing Application to the Public Utilities Commission May 6, 1998 Page 2 Prior to committing limited City resources and the reprioritizing of City projects, it is appropriate that the City Council consider the merits of the project and provide direction to Staff. It is also appropriate that the City Council indicate which existing crossing it would consider eliminating in order to enhance the success of the proposed Clay Street crossing application. As communicated to the City Council during Staff's presentation of proposed goals and objectives for the 1998/99 fiscal year on April 29, 1998, the Engineering Department cannot complete the design of several improvement projects already approved by the City Council and must seek the services of outside consultants. Should the City Council elect to pursue the final application for the Clay Street railroad crossing, Staff requests that the City Council authorize the preparation of a request for proposal for the preparation of construction plans to be submitted to selected engineering consultants at such time as the Transit Center project reaches the design stage. RHK:kk R: 1 \PW APUC STATE OF CALIFORNIA PETE WILSON, Governor PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE SAN FRANCISCO, CA 94102-3298 April 20, 1998 Rick Kennedy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 RE: DRAFT APPLICATION TO CONSTRUCT CLAY STREET RAILROAD CROSSING Dear Mr. Kennedy: I am in receipt of the draft application sent on April 9, 1998. I have examined the document and offer the following comments for your consideration: 1) Attachment B identifies nearby crossings by "CRC" crossing numbers, when in fact these are "PUC" crossing numbers (also, the proposed milepost for the Clay Street crossing should be included, which can be obtained from the Northwestern Pacific Railroad [NWP]). 2) Attachment E identifies two "Standard No. 8-A cantilever crossing arms with flashing light units to be installed..." The Commission Standard No. 8-A does not include crossing arms. Without knowing the precise roadWay configuration, I would venture to say that two Standard No. 9-A highway crossing signal assemblies, automatic gate type with cantilever arm, are appropriate for this proposal. 3) The final filing should include evidence of distribution to potentially interested parties as stated in Rule 38, paragraph (i). Proof of service on the NWP is required. Also, service on the County of Mendocino is advisable. 4) The final filing should include documents of environmental clearance under the California Environmental Quality Act of 1970, as stated in Rule 17.1. 5) The final filing should include a more detailed drawing of the proposed project. I would suggest a full size construction plan scaled to 20'-40'/1" which locates existing and proposed tracks, roadway alignment, curb lines, warning devices, advanced signage, striping plans, etc. (placement of warning devices should be arranged with NWP, otherwise I can be of assistance) R. Kennedy April 20, 1998 Page 2 of 2 Finally, the Federal Railroad Administration maintains a policy of reducing the number of at grade railroad crossings nationwide. The Commission's Rail Safety & Carriers Division, Traffic Engineering Section has embraced this policy in the name of safety, and implements it by various methods (e.g., grade separation, consolidation and/or crossing closure, etc.). I suggest that the City investigate the possibility of closing one or more at grade crossings, within its jurisdiction, in conjunction with this project. Thereby, making the project more "attractive". Regardless, the TES will place much concentration on the necessity of a new at grade crossing. At first glance of your proposal, the following questions come to mind: Why not utilize the existing crossings at Perkins and Gobbi and provide direct access from these roadways to the transit center? Is there a viable project to construct an access via Leslie Street? These issues can be addressed before filing or during the formal evaluation of the application. I appreciate the opportunity to comment on your draft application. Any questions or comments can be directed to me at the above address or by phone (415) 703-1441. Thank you. Sincerely, AVLIN R. ODVIAR Transportation Engineer Rail Safety & Carriers Division Rail Engineering Safety Branch Traffic Engineering Section C:\J U N I~,CO RR [..~ SI:~O N DENCE\K [~NNED Y.DOC 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ,'AZ)MIN. 707/463-6200 · FAX # 707/463-6204 April 9, 1998 Mr. Avlin R. Odviar California Public Utilities Commission Rail Safety & Carriers Division Traffic Engineering Section 505 Van Ness Avenue, 2nd Floor SAN FRANCISCO, CA 94102-3298 RE: Draft Application to Construct Clay Street Railroad Crossing (Rule 38) Dear Mr. Odviar: Enclosed per your conversation with Rick Seanor of my staff you will find the subject application. Would you please review the attached documents and advise if there are any corrections or additions needed prior to submitting a formal application? The Clay Street railroad crossing is an essential element to the Community's goal of developing an intermodal transit center on the vacant parcel east of the railroad tracks. The proposed crossing will greatly enhance traffic circulation in the vicinity of the proposed transit center. Thank you in advance your assistance in reviewing this draft application. Please do not hesitate to contact Rick Seanor at (707) 463-6296 if you have any questions. Sincerely, CC: Candace Horsley, City Manager Rick Seanor, Deputy Director of Public Works file Are Here To Serve" ATTACHMENT "A" CITY OF UKIAH, CALIFORNIA APPLICATION TO CONSTRUCT CLAY STREET RAILROAD CROSSING April 9, 1998 LEGAL DESCRIPTION A 60 foot roadway easement centered on Northwestern Pacific Railroad Company station 5929 + 05 (Station Map Land, Track, & Structures Sheet No. 24, V2) over a 70 foot railroad easement in the Ukiah, Mendocino County, California. ATTACHMENT "B" CITY OF UKIAH, CALIFORNIA APPLICATION TO CONSTRUCT CLAY STREET RAILROAD CROSSING April 9, 1998 CROSSING NUMBERS The nearest public crossing to North of the project site is Perkins Street, CRC crossing no. 5-114.0. The nearest public crossing South of the project site is Gobbi Street, CRC crossing no. 5-113.6. Please refer to map submitted as Attachment "G" for the locations of the crossings. ATTACHMENT "C" CITY OF UKIAH, CALIFORNIA APPLICATION TO CONSTRUCT CLAY STREET RAILROAD CROSSING April 9, 1998 STATEMENT OF PUBLIC NEED The proposed crossing at Clay Street will provide an alternate access to the land parcel bordered by Perkins Street to the North, Leslie Street to the East, and the railroad tracks to the West. It is desired that this parcel be developed as an intermodal transit center for the Ukiah Community. The transit center would include facilities for the Mendocino Transit Authority and would be a hub for travel to and from Ukiah for Greyhound, taxi service, Amtrak, and other transportation services. An additional entrance to the site through Clay Street will improve traffic circulation for the site and will relieve traffic congestion attempting to utilize Perkins Street as the only existing access to the transit center. The extension of Clay Street at the railroad tracks is identified in the circulation element of the City of Ukiah General Plan (see Attachment "C-1"). This extension would allow alternate access from the site to the City's downtown area instead of traveling on the high volume Perkins Street. Historically, the City of Ukiah maintained a public crossing at this location. Apparently this crossing was requested to be closed by the Northwestern Pacific Railroad Company since there was no clearly identified public use of the crossing. Please refer to Attachment "C-2" which documents the application for closure no. 25824. Now that the City has identified the transit center as a project for the vacant land parcel, it is imperative that the public have an additional access through the proposed Clay Street railroad crossing. Individuals would be able to utilize the Clay Street crossing to arrive at the site rather than attempting to make a left hand turn across traffic on Perkins Street. ATTACHMENT "C-1" City of Ukiah ~1, Mendocino County Ukiah Valley General Plan and Growth Management Program V.5. Circulation and Transportation ~, Page 31 by traveling on Dora Street to Grove Street to Bush Street to Empire Street then back to State Street (the Dora-Bush Route). This route, however, is through a residential neighborhood and includes a significant number of stop signs, bike lanes, turns, and school zones. The Dora-Bush Route is inefficient. Its inex- haustible collection of stop signs slows traffic and decreases the level of service. In addition, "stop signs without purpose" -- as def'med by drivers -- increase driver frustration which contributes to an increase in safety hazards from frustration-generated poor driving habits. East-west traffic must move through a combination of couplets, traffic lights, stop signs, zig-zags, and conflicting patterns in order to move from US 101 into the residential areas of town. The resulting congestion drops levels of service during peak hours to ratings that add to drivers' tempers and frustrations. The lack of east-west routes places greater traffic volume and pressure on existing road systems. In some cases, this means that the roads are handling more traffic than is appropriate for the road's capacity. The over-use of a road is especially true in the Standley (eastbound) and Perkins (westbound) couplet in the Downtown area. Perkins -- which originates at Redemeyer Road as Vichy Springs Road, features an inconsistent design along its entire route. With two lanes in some areas, four lanes in others, it has a lengthy leg-turn lane for eastbound traffic at Orchard Avenue. Traffic flows are further hindered by unregulated driveway access throughout its length. Table V. 5-19: Future roads and road exten- sions Within the eastern hills area, several existing and proposed subdivisions derive the only access connections to the Freeway and the City ernployment, shopping, and resource centers over Vichy Springs-Perkins Street. Alternate access to the Deerwood, E1 Dorado Hills, and Vichy Springs Subdivisions requires the use of a rural road designed to mostly Table V. 5-20: Planning Area free- way interchanges serv e the larg e - parc e 1 resl- dentes along the wa5,. Although it is unlikely that a "brand new" arterial can be established for north-south traffic, a number of road extensions A0opted by the City Council: December 6, 1995 City of Ukiah ~1~ Mendocino County Ukiah Valley General Plan and Growth Management Program V.5. Circulation and Transportation 4, Page 33 HENSLE~--~R.:~,~, ORR 6PRING CLA I ~101 S. MAIN FUTURE ROAD ROUTES not RD AVE. !xlend Io ROADS la/routes, alignment) EXT ST UPGRADE RK RD ~NT RD Figure V. 5-FF: Future roads and road extensions- City of Ukiah Acloptec~ by the C~ty Council: December 6, 1995 ATTACHMENT "C-2" BF~'0RE THE f~AILROAD CO~fi~IS~IO~:. OF' THE" STATE' OF,'CALIFOH.~IA'. In the ~aC'ter of, the Applicatlon.,,of ~'~ORTE~ES1EB/~ PACIEIC RAILI~OAD CO~PARY ." for an order closing ~hat cereal;; roadway over its right-of-way and tracks opposite Clay ,~treet~ in the vicinity of Northwestern Pacific HailPoad Company's station premises l~ the City of Uklah~ County of ~endouino~ State of California. Appl~catlon N_OTICE OF'"CgA~OE' T ..!l.': PLAC.E.';..0F,:'H~.ARI~.~_ . Tol Northwestern P~ci£ic ,Railroad .Co. ~ ,E,. J~. Foulds~. A. ttorney~, 6~ ~&arket 5t.~ San Franclsco~,Calif., ilale ,~lcCowen~ City Attorney~ Ukiah,~Californla. City Councll~ .. Ukiah~ California. I~ 0TICE~. I8 '. HEREBZ,. GIVE~ ,,...'. that ~ the,--.hearinE ,:in:'.. the :'-'above ~.': entitled matter, before Examiner Hall ,on. Wednesday~ Eov~mber 17~ 19~3 at 10 a.m., will be held In. the..¢ourt,House.at Uklah~: instead of. the Clty.H&ll~ BY ,, ORDER ,' OF ~'T~E .' ~AI~8OAD ' ¢0~I35 I0N Dated at San Franctsoo~ this 9th.day Hailroad .'Commission ~f, ,"the ~ tate ~' of ;"California .., Co2y,~tQ:-,City-,Clerk~:, C0un.ty,. ~¢lerk, BEFORE THE RAILROAD COMMISSION OF THE STATE OF CALIFORNIA In the :{attar of the App~Ic~tlon of NORT~{WESTEHN PACIFIC RAIL~0AD CO~PANY for an order closing that certain roadway ov~.~r its right-~f-w,~y and tracks opposite Clay Street, In the vicinity of Northwestern ?a~lflc ft~llro~d Company,s statiou premises In tl~e City of Uklah, County of ~endoclno~ State of California. Application ~'to. 2582A. NOTICE OF HEARING To: Northwestern Paclfte ~atlroad Co., E. J. Foulds, Attorney, 65 ~rket ~t., S;~n Francisco, Calif. Hale ~cCowen, City Attorney, Ukiah, Calif. City Council, Ukiah, California. , · .. NOTICE IS HEREBY GIVEN that the Railroad Commission of the State of California has set a hearing in the above entitled matter before Examiner Hall for ~';ednesday, November 17~ 19~3 at 10 a.m., in the City Hall at Ukiah, California, at which time and place all interested parties may appear and be heard. BY ORDER OF THE RAILROAD COMMISSION. Dated at San Francisco. this 2nd day of November, 1943. E~ Copy & Card to City Clerk, URiah. H. O. MATHEWSON, Seoretary Railroad Commission of the State of Oalifornia April 5,19~L2 Lb". C.Ao VOalo, Vice President (]eneral ~:~anacer, '.'!ort~wostenl t',~ciflc Railroad Company Sausallto, Calif. ]~,o: Closi~k~ of roadway over ~':;~1' tracks at _q!ay_ ~-;tL..~ ~U_!:ia!.~_ _ . Dear !.:r, Voalc.-: 320, ~::a!~l~]~' application to e, loso trac~:s at Clay Street, At tl~6 time City COU~lcil, It ~'~as l.aldei'~to()d t]~at "c}~e 1~-' ~;o. would notify our City AZ ....... ' of yo~ next uove In this request. City clmt: ./ N.ORTHWESTLr~N PACIFIC RAILROAD C~,vIPANY REDWOOD EMPIRE ROUTE $-2560 SAUSALITO, CALIFORNIA IN RIrPLY pLrASI:' RE~i=£R TO A. VEALE. VICE PRESIDENT AND GENERAL MANAGER 320 February 11, 1942 To the Honorable City Council Ukiah, California SUBJECT: Closing of roadway over NWP tracks at Clay Street - Ukiah , ,, Gentlemen: Referring to our letter of December 24~ 1941, making application to close roadway over NT~ tracks .at Clay Street, Ukiah. Would appreciate your advising me present status of the matter. Yours truly~ NORTP~ESTERN PACIFIC RAILROAD COMPANY Vice-Presideht & General Manager~ f-1 ,,' .., ,/ / '~ . N©;~TI-IWIE$'['-I~I~I PACIFIC RAIL. ROAD C, .IPAI~I¥ ' REDWOOD EMPIRE ROUTE SAUSALITO, CALIFORNIA aN RI[PLY I~L[ASE: RI;PER TO 320 To the Honorable City Council Uklah, California Gentlemen: SUBJECT: Closing of roadway over NWP tracks at Clay Street - Ukiah. The Northwesterr~ Pacific Railroad Company for some time has considered the closing of that certain roadway over its right of way and tracks opposite Clay Street in the vicinity of its station premises in the City of Ukiah. The closing of this roadway to further use is advisable Lu the interests of public safety. Our investigation discloses that although limited use has been made by certain individuals of this roadway from time to time, it does not in fact form a part of the City Street system anG fur- ther, that whatever use has been made thereof the same has been permissive only on the part of the Railroad Company. Our Law Department advises that in circumst~ces such as these no public use attaches to the roadway in question ann cites as au- thority, for your information and guidance, the case of Roche× & Rochex, Inc. v. Southern Pacific Company (Dec. 29, 1932) 128 C.A. 474, and cases therein cited. In these circumstances Northwestern Pacific Railroad Company would like to undertake the closing of the roadway to further use and thereby remove a positive hazard to the public, but before do- Lug so respectfully requests your consent and approval. Yours truly, NORTHWESTERN PACIFIC RAILROAD COMPANY Vice ~res-{dent a General Manager f-2 ATTACHMENT "D" CITY OF UKIAH, CALIFORNIA APPLICATION TO CONSTRUCT CLAY STREET RAILROAD CROSSING April 9, 1998 STATEMENT OF AT GRADE CROSSING The proposed crossing at Clay Street would be an at grade crossing of the railroad tracks. It is not economically feasible to construct a street overpass of the railroad tracks. The location of existing structures and dwellings prohibit embankment fills to be placed for the construction of a street overpass. ATTACHMENT "E" CITY OF UKIAH, CALIFORNIA APPLICATION TO CONSTRUCT CLAY STREET RAILROAD CROSSING April 9, 1998 STATEMENT OF CROSSING SIGNS AND SIGNALS Appropriate traffic warning signs would be installed at specified locations on both the East and West approaches to the proposed Clay Street railroad crossing. Specifically, the railroad advance warning sign (W47) along with the railroad crossing plate (W48) would be installed at appropriate locations east and west of the railroad tracks. Please refer to Attachment "E-I" for sign illustrations and descriptions. Standard number 8-A cantilever crossing arms with flashing light units will be installed at the recommended locations east and west of the railroad tracks. ATTACHMENT "E-I" 4-28 SIGNS Traffic Manual 1-1996 POLICY EXEMPT PLATE W46 EXEMPT WIO-1A · The Exempt plate (W46) shall be used at exempt crossings established after 1/1/78 in accordance with CVC 22452.5. The CVC provides that any vehicle listed in CVC 22452(a) must stop at these exempt crossings. The black on yellow background W46 plate will notify the drivers of the affected vehicles, of the exempt crossings at which they must stop. Those placed prior to 1/19/78 shall be replaced in kind with a W46A sign. This plate shall be mounted below the W47 sign. W46A EXEMPT SIGN The Exempt sign (W46A) shall only be used at exempt railroad crossings established by the Public Utilities Commission prior to 1/1/78, (CVC 22452). No vehicle is required to stop. This sign shall be replaced in kind. The W46 (black legend and border on yellow background) shall be used at exempt crossings established after 1/1/78, (crc 22452.5). W47 W10-1 RAILROAD ADVANCE WARNING SIGN The Railroad Advance Warning sign (W47) shall be placed in advance of railroad grade crossings on all State highways. This sign is also required on all streets and highways under local authority, in accordance with CVC 21362. Typical examples of signing and pavement markings are shown in Chapter 6, Figures 6-40, 6-41 and 6-42. W48 R15-2 RAILROAD CROSSING PLATE The_..___.__ Tracks plate (W48) shall be used at all grade crossings with two or more tracks and placed below the W47 sign. The number on the plate denotes the number of tracks. ATTACHMENT "G" CP..O~ING NO. 5--I LOC~ITION CRO~SIN6 NO. 5-113.~ SCHOOL LOCATION MAP SCHOOL PROPOSED CLAY STREET RAILROAD CROSSING CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS " SCALE: DRAWN BY: DATE: REVISED: DRAWING NO. MEMORANDUM DATE: May 4, 1998 TO: Honorable Mayor Malone And City Councilmembers FROM: Candace Horsley, City Manager SUBJECT: CITY COUNCIL MEETING OF MAY 6, 1998 - AGENDA ITEM 6F Relative to the above consent calendar item, entitled "Review and Approval of Staff Restructuring Proposal and Budget Amendment Due to Vacancy in Director of Public Safety Position," I have attached for your review copies of the previous version of the job descriptions for Fire Chief and Police Chief, per Councilmember Kelly's request. As always, if you have any questions regarding this item, or any other item on the agenda, do not hesitate to contact me at 463-6210. CH:ky Att. 4:Can:MCC112 FIRE CHIEF 1978 DEFINITION Under administrative direction of the City Manager, to plan, direct, supervise, and coordinate activities of the Fire Department in preventing and extinguishing fires, and in protecting life and property; to provide highly responsible and technical staff assistance to the City Manager, City Council, and operating departments; and to do related work as assigned. EXAMPLES OF DUTIES Direct and participate in the development and implementation of goals, objectives, policies and priorities. Plan, direct, supervise, and coordinate the activities of Fire Department personnel in providing fire protection services to the City. Attend fires and exercise overall supervision of fire fighting operations. As required, take over immediate supervision of rescue and fire fighting activities. Direct investigations to determine cause and origin of fires and assist in the prosecution of arsonists. Direct the enforcement of Federal, State, and local fire codes and regulations. Direct the formulation of a program of in-service training,, and see that the program is carried out. Formulate departmental rules, procedures and policies and see that they are enforced. ' Organize, train and direct the work of reserve firemen. Supervise the requisition, maintenance and operation of fire fighting equipment. Direct the maintenance of records of fire calls and fire losses. Confer with agents of other governmental jurisdictions, with the Insurance Services Office, with fire prevention bureaus, and with the office of the State Fire Marshal. . Attend conferences, schools, and various meetings to keep abreast of new developments in fire fighting, fire prevention, training, and administration. Prepare and administer the department budget. Represent the City in the community and at professional meetings as required. Make final recommendations on department personnel appointments and disciplinary actions. Supervise, train, and evaluate assigned staff. Coordinate Fire Department activities with other City departments and divisions, and with outside agencies. , Serve as Acting City Manager as assigned. QUAL I F I CAT IONS Knowledge of: Principles and practices of organization, administration, budget and personnel management. ' Advanced methods, practices, and techniqQes of modern fire fighting, fire inspection, and fire prevention. Provisions of laws, ordinances, rules, regulations, and codes affecting the work of the Fire Department. Operation and maintenance of the types of apparatus and equipment used in modern fire fighting activities. Principles and practices of training fire personnel. First aid, rescue, and resuscitation. Geography, types of building construction, major fire hazards, water supply, fire and building laws and regulations of the Cit.y. Abi 1 it), to: Plan and coordinate the work of the Fire Department. Formulate, place into effect, and administer sound departmental policy. Establish cooperative relationships with those contacted in the course of work. Communicate clearly and concisely, orally and in writing. Understand and relate fire problems and priorities with overall City problems. ..E xpe ri ence Ten years of broad and extensive experience in all major functions of a fire department, including at least five years in a responsible administrative or supervisory capacity at or above the Fire Captain level. Education Equivalent to a bachelor's degree in public administration or fire science, or an associate arts degree in fire science supplemented by additional course work in public or business administration. ~',ti ,' OF UKIAH POLICE CHIEF 1978 DEFINITION Under administrative direction of the City Manager, to plan, direct, supervise, and coordinate the activities of the Police Department in law enforcement and crime prevention; to provide highly responsible and technical staff assistance to the City Manager and City Council; and to do related work as assigned. EXAMPLES OF DUTIES Direct and participate in the development of goals, objectives, policies and priori ties. Plan,. direct, ~upervise and coordinate the activities of Police, Department personnel in preserving order, protecting life and property, and in enforcing laws and municipal ordinances. Research modern police management methods, formulate and enforce rules, procedures, and policies for efficient operation of the Department. Direct the development and implementation of a departmental in-service training program. Review the evaluations of employee performance and takes appropriate disciplinary action-where necessary. Recruit and interview applicants, investigate their qualifications, and arrange for examinations as required. Recon]nend appointments and promotions. Prepare and administer the department budget. Coordinate departmental recommendations for the purchase of equipment and supplies. Confer with citizens and City officials on law enforcement problems and assist in the development of innovative municipal law enforcement policies. Attend county, area, and state police conferences and meetings with other public officials. Cultivate good community relations by appearing before civic, fraternal and other community groups. Coordinate law'enforcement activities with the activities of other City departments and other law enforcement agencies. Supervise, train, and evaluate assigned staff. Serve as Acting City Manager as assigned. QUALIFICATIONS . Knowledge of: Modern principles, practices, and techniques of police administration, organization, and operation. Agenda for City of [ ,, PACKET Ite~ No. ADDITION '~ ~'' , , , Received: J'*-" '~''~ r)O' ,,, ' .... ,,, Training Worksh( ,. Big Picture of the Industry History/MUNI/IOU National/CA/Local Why the changes? Who is driving the changes? Implications? Focus Group Data on Consumer Predisposition/Concerns Benefits of Being a MUNI In general - owner versus renter of generation Community benefits Accountability Values/Action Changes in the Law 1992 Federal Energy Act - Transmission AB 1890 September, 1996 Impact on IOUs Impact on MUNIs March/April 1998 © Jane Lorand Customer Choices Over Time (1997-2010) IOU timetable MUNI timetable 25% of bill open to choice New market/abuses/players/opportunities New Concepts Product/Service Commodity Suppliers Aggregation Slamming CTC/Stranded Costs Public Goods Charges Environmental implications of electricity How Will This Come to Ukiah Electric Customers? People will see media CPUC's Consumer Education Program ($89.5 million dollars+ over 18 months) People will talk with friends, relatives, PG&E customers What are the positive points to make from the broader perspective of benefits, rates, accountability, reliability? What can We do to Support Ukiah Electric? Know what is happening outside our service territory. Understand Ukiah's position and policy. Learn to understand the kinds of questions/concerns Learn to explain helpful responses clearly, and continue to bring forth the positive elements for customers to consider. History of Competing Tensions MUNI/IOU Provi d ers/R egul at ors Ratepayers/Shareholders State/Federal Customers: Industrial/Residential/ Agricultural New Tensions New Marketers National Accounts Dropping of Geographical Boundaries in Economy Federal Preemption Competition Customer Expectations & Confusion How Has Ukiah Electric Done? ° Reliability-extremely high · Comparable rates · General Fund Transfers $675,000/ year · 98% Green Power- a commitment of our citizenry to a sustainable en- ergy future · Investment in continued reliability and increased services Image over Substance 10% Rate Reduction by IOUs, under AB 1890 More like a home equity loan than a true rate reduction: it is like bor- rowing money from yourself. Challenged by consumer groups - attempts to bring to a ballot initia- tive. Trust Transfer Account - further confusing the issues and disabling ratepayers from grasping what is happening L~I I II I I IIIII I I SubStance over Image Flexibility under AB 1890 to chart our own course. (Within the storm of change around us, of course)* Continued stable rates, pay down debt- no tension between ratepayers and shareholders so a shared purpose guides the decision-making. *Ukiah Electric has $9.5 million rev- enues of the $20 Billion'State electric revenues annually Image over Substance Stranded Cost Recovery by IOUs, under AB 1890 Accelerated recovery of "differential be- tween market and book value of genera- tion''- about $28 Billion dollars Taking money from ratepayers and giv- ing to shareholders. Ratepayers paying of someone else's mortgage and continuing to rent. Substance over Image Stranded Cost Recovery by / City of Ukiah, under AB 1890 Accelerated repayment of debt during "Transition Phase" Taking money from one pocket and putting it in another. Paying off your own mortgage, and then you own the house. 9 Distortions in the Marketplace ENRON 2 weeks free energy? $50 or $12.50 Boston Finney pyramid schemes? Affirmative duty of Consumer Protection by City of Ukiah 10 Aggregation 25% of Rate is affected during Transition Phase Closer to 35% in Post Transition Phase Market Confusion Conflicting Loyalties among non- profits/incentives/affinities 11 Ukiah and Green Power 98% "green power"- significantly more than the state average Strong contingent of customers who are very interested in this Demonstrates long term vision and responsibility Spend Public Benefits monies lo- cally in high-profile programs 12 Focus Group Findings Keep it simple, just like you always have done...l don't want to have to change. Focus on keeping rates competitive and let us know how much we are saving Strong local community identity means a great deal to newcomers and life-long residents "We want real people answering the phones if we need to call!" Want a strong identity/presence in the community 13 Focus Group Findings Lack knowledge of benefits such as GFT, green power, relative reliability and rates! "I can't read my phone bill." Life is too complex so we want to continue to trust you, and know that you are watching out for our best interests in the short term and long term. 14 Knowledge of' Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, juveni'le delinquency control, record keeping, and care and custody of persons and property. Laws, ordinances, and regulations affecting the work of the department. AbilitS to: Communicate clearly and concisely, orally and in writing. Plan, direct, supervise and coordinate the work of the Police Department. Develop and administer sound departmental policies. Properly interpret and make decisions in accordance with laws, regulations, and policies. Establish and maintain cooperative relationships with those contacted in the course of work. Experience Ten years of broad and extensive experience in all major phases of municipal police work, including at least three years in'a responsible middle management capacity preferably in a municipal police department. Education Equivalent to bachelor's degree from an accredited college or university with major work in public or business administration or related field. Necessary Special Requirement Possession of an Advanced POST certificate. Possession of a POST Management certificate. Possession of an appropriate CalifOrnia ~river's license. ,r