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HomeMy WebLinkAbout1997-12-03 PacketITEM NO. 3a DATE: December 3:1997 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY THE UKIAH MAIN STREET PROGRAM REQUESTING FUNDING ASSISTANCE Attached is a proposal submitted by the Ukiah Main Street Program requesting funding assistance from the City of Ukiah. Executive Director, Kris Rasmussen and various members of the Main Street Board of Directors, will be addressing the Council at the December 3 meeting. This item is for presentation to the Council, no action at this time is necessary. RECOMMENDED ACTION' Receive proposal and verbal presentation by Ukiah Main Street Program. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted): N/A Acct. No.: (if budgeted) Appropriation Requested: Ukiah Main Street Program Citizen Advised: N/A Requested by: Prepared by: Larry W. DeKnoblough, Assistant Redevelopment Director Coordinated with: Candace Horsley, City Manager Attachments: Main Street Proposal APPROVED: ~ Candace Horsley, Cit~ Manager LD3 ASR To: Ukiah City Council From: Date: Ukiah Main Street Program November 18, 1997 Request to Ukiah City .Council for Program Funding Table of Contents Executive Summary Proposal Introduction to the Main Street Program How Ukiah Main Street Program benefits the City of Ukiah How Main Street benefits Downtown Ukiah and the Community Projects and their benefits to downtown and Ukiah for 1997 · Use of proposed funding As Main Street Grows Budget Year-To-Date(1997) Projected Budget 1997 Draft budget 1998 Current Board of Directors Attachments Page I Page 2 Page 2 Page 2 Page 3 Page 3 Page 7 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Executive Summary The Ukiah Main Street Program has been in existence helping to create a thriving commercial and social center in downtown Ukiah since 1987. This year we would like to ask the City of Ukiah for financial assistance to help us achieve our goals. The Ukiah Main Street Program (advisory board for the AB 1693 District: Parking and Business Improvement District, resolution 9731) respectfully asks that the City Council of Ukiah consider a request in the amount of $10,000 in the form of a grant or in-kind services to maintain and improve the projects of the Ukiah Main Street Program. UMSP Board (Ukiah Main Street Program) has approached the City of Ukiah for funding because we feel our program directly benefits the City of Ukiah. We directly bring thousands of people to downtown annually (24,000) who spend money in stores and businesses which provides revenue to the City of Ukiah in the form of sales tax, business license fees and other taxes. Exposure to the downtown during events encourages many more people to return to Ukiah to take care of business and shop. Also UMSP holds all of its event at the Conference Center or Downtown Plaza marketing these places to residents and out-of-towners. In addition, we invest cash into the Ukiah Valley Conference Center ($30,500 in last three years) which includes rents and fees. More than benefiting the City of Ukiah directly, UMSP benefits the community. A strong, healthy downtown serves as a focal point of community pride and encourages out-of-towners to locate their businesses in Ukiah. Thdving businesses retain jobs and increase the tax base which in turn increase the quality of life in our area. If the UMSP is to branch into much needed areas of downtown development, we need financial help. The following projects would greatly benefit our downtown: *Signage marking the downtown area from the freeway and Perkins Street *organizing and conducting a market survey of downtown *recruiting appropriate businesses based on survey results *Maintaining a current inventory of downtown businesses *Maintaining a current inventory of available downtown properties *Providing staff development and training such as regular attendance at National Town Meetings and sending board members to California Main Street meetings. * repainting downtown crosswalks It is our wish to continue to make downtown Ukiah a thriving town center, step by step. With your help we can reach this goal more efficiently. Thank you for considering our request. The Ukiah Main Street Program Board of Directors Proposal to City Council The Ukiah Main Street Program (advisory board for the AB 1693 District: Parking and Business Improvement District, resolution 9731) respectfully asks that the City Council of Ukiah consider a request in the amount of $10,000 in the form of a grant or in-kind services to maintain and improve the projects of the Ukiah Main Street Program. Introduction to Ukiah Main Street Program The Ukiah Main Street program is a private, non-profit organization which serves the downtown merchants and the Ukiah community by helping to create a thriving social and commercial center in downtown Ukiah. We accomplish this by hosting events downtown regularly, enhancing downtown's physical image, showing off its historical buildings and incorporating many organizations, businesses and concerned individuals into our projects. Thriving downtowns are important for an entire community because a vital downtown creates and retains jobs. It increases the tax base and serves as a focal point of community pride all of which increase the qualify of life in the area. Downtowns are the first and strongest impression visitors get of an area. These factors influence personal and corporate decisions to locate in an area. The Ukiah Main Street Program, incorporated in 1987, is part of a network of over 33 California towns and cities and over 1000 towns and cities nationwide. The organization is entirely community funded. The success of our program is evident by the number of volunteer hours (9,844 volunteer hours annually), in- kind donations ($51,180) invested into the downtown. We have one full-time staff person and 12 volunteer directors. We maintain 3 working committees: a Design Review Committee (a committee reviewing projects in the City's Redevelopment District), a Promotions Committee and an Organization committee. Our office is located in the Ukiah Valley Conference Center at 200 S. School Street and is open every day from 9-5 pm. How Ukiah Main Street Program Benefits the City of Ukiah The Programs of Ukiah Main Street Program directly benefit the City of Ukiah in many ways. 1. We regularly market the Ukiah Valley Conference Center to business owners, corporations and out-of-towners by hosting our seven times yearly comedy shows and New Year's Eve Fundraiser in the Conference Center. In addition, all 12 volunteer board members support the purpose of the conference center and promote it to others in their everyday lives. 2. In 1997, UMSP audited the downtown area and discovered approximately 20 business in the downtown district who have not paid business license fees in 1996 (some delinquent for years). This money is increased income for the City of Ukiah. In addition, our audit launched a City program to audit the entire City of Ukiah. 3. Ukiah Main Street Program has invested the following amount of money into the Conference Center for office rent and room rental fees: 1995' $8,274 1996: $14,856 (by Dec 97) 1997: $7,405 Total $30,535 4. In 1997, Our 15 major downtown events brought approximately 23,150 people downtown (conservative estimate) who shop, eat, and in short, spend money they might otherwise not have spent in this area. They provide direct revenue to downtown businesses which in turn provides income in form of sales tax, other taxes and business license fees to the City of Ukiah. This does not include the many return customers who have found a favorite shop or enjoyed the plaza and return to downtown. 5. UMSP provides reception duties for Conference Center for lost and inquiring conference attendees. How Main Street benefits Downtown Ukiah and the Community The UMSP invested 9,844 volunteer hours and $51,1 80 in in-kind contributions to Ukiah's downtown last year. All of our events are volunteer driven and many of the goods and services to run the events are donated. For example, "The Taste of Downtown" has a committee that works on this event for months. 23 wineries and beverage companies donate wine for the evening as well as pour their own wine on a volunteer basis. Financial sponsors help with the purchase of glasses, bread and hors d'oeuvres for the event. Local radios stations run advertising (about 40-60 ads per station) to promote the event at no charge.. This event used approximately 500 volunteer hours and $8,300 in-kind donations. Approximately 1000 people attend the event. Wine is poured inside the store to encourage people to go in. We are actually bringing folks into downtown businesses! Briefly, our events and their benefit to the downtown is listed below. Ukiah Main Street Program's Projects 1997 and their benefits The following projects were completed in 1997 and will be continued in 1998. · The Fabulous Flashback Antique Car Show · Holiday Trolley · Tree Lights on School Street during Holiday Season · Planter Triangle Program · Seasonal Comedy Shows at Main Street Comedy Club · Cinco de Mayo Street Faire · "A Taste of Downtown"Winetasting · Farmer's Market oTri-annual newsletter to all Main Street members · Welcoming new businesses to downtown · Sponsoring other downtown programs such as "Visions of Recovery" · Quarterly and Yearly National & California Main Street Networking Meetings · Concert in the Park Fundraiser · Hot Hot Weekend New Car Show · New Year's Eve Dinner and Dance Fundraiser · Annual Membership Dinner Ukiah Main Street Program's Projects 1997 The following projects were completed in 1997 and will be continued in 1998. The 6th Annual Fabulous Flashback Antique Car Show & Poker Run The Ukiah Main Street Program, Early Iron Car Club & The Downtown Merchant's Association have organized and sponsored 7 Antique Car Shows in downtown Ukiah. Activities throughout Ukiah are held for 3 full days; Friday, Saturday and Sunday in September. 300 cars entered the show in 1997 and approximately 7,000 people attended the Saturday downtown show. 30% of the car show participants were out-of-towners, booking every motel room in Ukiah. This show is known as one of the more fun, hometown shows in the Western US. In the past, there has been discussion about holding the show at the fairgrounds however Main Street has been instrumental in keeping the show downtown. Businesses downtown claim this is a big business weekend for them and many feel the exposure is the most important aspect of the event for their businesses. oHoliday Trolley This year, The Ukiah Main Street Program, Mendocino Transit Authority (MTA) and The Chamber of Commerce have organized a holiday antique trolley to run for 28 days during the holiday season to shuttle shoppers and riders throughout the downtown, Long's Plaza and the Pear Tree Center. Over 75 businesses pitched in to make this happen. Last year, the trolley carried 4044 people in 22 days. This year we expect the trolley to shuttle 7,000 shoppers through downtown. About half of the riders are shopping and getting on and off at different locations, the busiest stop being downtown. The purpose of the trolley is to increase retail sales in Ukiah and stem some of the retail leakage from the area. · Tree Lights on School Street Each year the Ukiah Main Street Program purchases white lights for the Chinese Pistachio trees which line School Street. The City of Ukiah's electrical department has strung the lights for the last three years. These lights have gone up for 8 years and have become a tradition in downtown Ukiah. It is truly a striking sight in the evening to see School Street lit up for the holidays and has unquantifiable benefits for Ukiah by boosting community pride and encouraging people to come downtown and shop. Many merchants and Ukiah residents have asked that the lights remain lit year around. · Planter Triangle Program In 1986 some downtown merchants organized and built 18 cement planter triangles lining School Street and planted them with junipers. In the fall of 1996 Main Street took on the responsibility of organizing a maintenance program for 6 of these triangles, organized volunteers and replanted the boxes with attractive Iow maintenance shrubs, bulbs and grasses. Money for the plants was donated by the Garden Club of Ukiah. Main Street has finished two more boxes and is working on the last four. Maintenance of these boxes is still a challenge however the boxes look better than before replanting. · Monthly Comedy Shows at Main Street Comedy Club In 1997 The Ukiah Main Street Program organized 7 top quality comedy shows at the Main Street Comedy Club (Ukiah Valley Conference Center). This event has served as a fundraiser for the program as well a stimulator of our evening businesses such as restaurants, bars and clubs. More than one half of the 150 attendees eat dinner out in downtown before the event or visit downtown bars and clubs after the event. In addition, the conference center is being shown regularly to locals and their out-of-town guests. · New Year's Eve Dinner and Dance 1997 marks the fourth year that Main Street has organized a black tie, 5 course New Year's Eve Gala in the Conference Center. Many businesses come together to sponsor this event to make it a very special evening out. It has sold out for the past 3 years and we anticipate selling out this year as well. · Cinco de Mayo Street Faire This free downtown festival draws approximately 4,000 -5,000 people downtown to celebrate a Mexican Holiday the first week of May. The Main Street Program and local Mexican businesses band together to make this event happen. We have sent video clips of this event that may be used in a California Division of Tourism film entitled "Ethnic festivals in California Small Towns". · "A Taste of Downtown" Winetasting The Main Street Program has organized and sponsored a downtown winetasting every year since the program's beginning. The event is well-supported by merchants who take the opportunity to show-case their stores as well as make sales after the slow winter months. 23 Wineries pour their wine inside of 23 merchant's stores. Music and talent stroll the streets along with 1000 locals and visiting tourists who participate in this event. The event grows every year and our promotional committee expanded the advertising into out-of-area publications in 1997. · Farmer's Market The UMSP has been instrumental in bringing and keeping the Tuesday afternoon farmer's market downtown. During peak season, (June, July and August) 300 plus people come downtown for the market. · Tri-annual newsletter to all Main Street members Downtown businesses use the newsletter to stay informed on downtown news items, street closures, and upcoming events We now provide in partnership with the City of Ukiah Police Department an updated, bad check list for merchants to put near their cash register. The police department estimates that Ukiah businesses loose approximately $30,000 a year in bad checks and their associated fees · Welcoming new businesses to downtown The Main Street Program Manager welcomes new businesses to our downtown, informs them of our programs, and lets them know about ways to get involved in promoting the economy of the district. · Sponsoring other downtown programs such as "Visions of Recovery" In 1997, The Main Street Program sponsored the "Visions of Recovery" events. This is a group of Ukiahans dedicated to bringing entertainment and workshops to the individuals in the community recovering from Drug, alcohol and other addictions. All 1997 events were held in the Ukiah Valley Conference Center. · Quarterly California Main Strcct Networking meetings and seminars Each year the Main Street Manager or one board member attend quarterly networking meetings of the California Main Street Program, a network of over 33 towns and cities. Workshops and seminars about downtown issues fill-up the three day conference. In addition, the National Main Street Center hosts a national Town Meeting in a different state once a year. This is a networking meeting of over 1,000 Main Street towns and cities in the Nation. It is our wish to send someone from Ukiah each year to the National Town Meeting. · Hot Hot Weekend The UMSP in conjunction with the Ukiah New Car Dealer's Association held a New Car Show in the downtown plaza this summer. The Friday night mixer brought 1000 people downtown for the evening and was a successful fundraiser for Main Street. The Dealer's Association was happy with the exposure they received from the mixer. UMSP will continue its goal to make this an annual event. Use of Funds When the UMSP receives its proposed funding, it could be mostly handled in in-kind services through the conference center. *No rent to MSP for office space in the conference center *No rent for 4 comedy shows per year in the Conference Center *No rent for New Year's Eve Room and no charge for essentials * No rent for room for membership and volunteer appreciation dinner $3180 $2,400 $1,500 $600 A grant could include * Maintaining a Full-time staff person (laid off for one month in 1997 due to lack of funds) $2,3O0 As Main Street Grows Main Street sees itself continuing to grow in the future. The following projects would greatly benefit our downtown: *Signage marking the downtown area *organizing and implementing a market survey of downtown *recruiting appropriate businesses based on survey results *Maintaining a current inventory of downtown businesses *Maintaining a current Inventory of available downtown properties *Providing staff development and training such as regular attendance at National Town Meetings, Leadership Mendocino and sending board members to California Main Street meetings. * repaint downtown crosswalks *Developing a volunteer economic development committee The Ukiah Main Street Program is an asset to our community. The local businesses and the community derive many benefits from the program. With help from the City of Ukiah, the Ukiah Main Street Program can continue to grow and continue its goal of improving the economy of our downtown. 7 11/19)97 UKIAH MAIN STREET PROGRAM, inc. Profit and Loss January I through November 20, 1997 Income AB 1693 ANNUAL DINNER BANK INTEREST CAR SHOW CINCO BAND CINCO DE MAYO CONCERT / PARK FARMER'S MARKET FOWLER LOAN INSURANCE INCOME KUKI fundraiser MAIN STREET COMEDY MEMBERSHIP NEW CAR SHOW INCOME OTHER INCOME PLANTER BOXES SEMINAR GRANT SHIMMIN LOAN WINE TASTING Total Income Gross Profit Expense ANNUAL DINNER EXPENSE BANK CHARGES CAR SHOW EXPENSE CASH BOX CONCERT/PARK EXPENSE COPIES DUES / SUBSCRIPTIONS EMPLOYER PAYROLL EXPE... FEES INSURANCE KUKI MAIN STREET COMEDY CLUB MISCELLANEOUS EXPENSE NEW CAR SHOW OFFICE SUPPLIES PAC BELL PLANTER BOXES EXPENSE POSTAGE RENT SALARY SEMINAR EXPENSE STREET FAIRE / CINCO DE ... TAXES VOLUNTEER EXPENSE WINE TASTING EXPENSE Total Expense Net Income Jan I - Nov 20,..._ 15,175.37 1,414.00 221.34 650.00 1,000.00 4,462.00 5,585.11 15.00 0.00 499.00 262.00 14,895.95 1,050.00 1,997.09 424.71 692.00 0.00 6,224.80 54,968.37 879.60 79.18 625.00 0.00 1,538.45 724.73 264.10 4,162.84 1,088.02 127.00 10,902.26 216.82 865.10 589.10 135.50 281.80 859.14 795.63 23,048.35 1,528.76 2,374.26 10.00 40.32 1,324.62 52,493.58 2,474.79 Procted Projfit and loss for 1997 We determined that from October 17, - Dec. 31, our income during that time will be INCOME AB1693 and audited businesses Comedy Club New Year's Eve Mark L Trolley $2263 $300(net) $4000(net) $200 $1100 Our expenses during this period will be EXPENSES Copies Employer Payroll Office Supplies Pac Bell Planter Boxes Postage Rent (Aug-Dec) Salary Sales Tax Tree lights $100 $1392 $200 $50 $143 $435 $1325 $7260 $600 $350 Total Income additional income Total Income 1997 Total expenses 1/1/97-10/17/97 10/17/97-12/3197 1/1/97-10/17/97 additional expenses 10/17/97-12/3197 Total expenses 1997 Projected Loss for 1997 $52,982 $ 7,863 $60,845 $50,016 $11,855 $61,871 ($1026) 11/19/97 UKIAH MAIN STREET PROGRAM, Inc. Budget Report Draft 1 998 Income AB 1693 ANNUAL DINNER BANK INTEREST CAR SHOW ClNCO DE MAYO CONCERT / PARK MAIN STREET COMEDY MEMBERSHIP NEW CAR SHOW INCOME NEW YEAR'S EVE TROLLEY WINE TASTING Total Income Gross Profit Expense ACCOUNTING FEES ANNUAL DINNER EXPENSE BANK CHARGES CAR SHOW EXPENSE CONCERT/PARK EXPENSE COPIES DUES / SUBSCRIPTIONS EMPLOYER PAYROLL EXPENSE FEES INSURANCE MAIN STREET COMEDY CLUB MISCELLANEOUS EXPENSE NEW CAR SHOW NEW YEAR'S EVE EXPENSE OFFICE SUPPLIES PAC BELL POSTAGE RENT SALARY SEMINAR EXPENSE STREET FAIRE / CINCO DE MAYO TAXES TREE LIGHTS VOLUNTEER EXPENSE WINE TASTING EXPENSE Total Expense Net Income Jan - Dec '98 15,000.00 1,414.00 200.00 800.00 5,500.00 5,585.00 1,465.00 1,050.00 1,997.00 14,700.00 1,200.00 6,224.00 55,135.00 55,135.00 500.00 879.00 80.00 625.00 1,538.00 700.00 264.00 4,750.00 33.00 600.00 0.00 250.00 865.00 9,800.00 700.00 180.00 1,200.00 3,180.00 30,000.00 1,528.00 2,374.00 600.00 3O0.00 40.00 1,324.00 62,310.00 .-7~175.00 Uklah Main Street Program Board of Directors 1997-2000 1 997/98 1 998/99 1 999/2000 Donna Berry, Design Review Guadalupe Chavez Cononiah Vineyards City Council Member Dennis Denny Denny Bicycles Paul Shimmin, Treasurer Savings Bank of Mendocino County Guillermo Zazueta, President Rack 'em Up Billiards & Darts Jennifer Puser Virginia Strom-Martin's office Larry DeKnoblough City of Ukiah Kathy Fowler, Promotions Chair Fowler Auto Center Kenn Cunningham KNTI Radio Dede Ledford, Design Re. R & D Ledford Rentals I! ITEM NO. 3bi, DATE: DECEMBER 3. 1997 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW FIRE DEPARTMENT EMPLOYEE DARRELL "CHARLIE" MILLER SUMMARY: It is my pleasure to introduce Darrell "Charlie" Miller as the newest member of the Ukiah Fire Department career staff. Charlie was appointed on November 6, 1997, as a Firefighter/Paramedic. For nearly two years prior to his appointment Charlie served as a Volunteer Firefighter and Temporary Firefighter. Before that he served as a Volunteer Firefighter for the Hopland Fire Department. He graduated from the Fire Academy at Santa Rosa Junior College in 1993 and completed paramedic school in 1996. He is a Swift Water Rescue Instructor. Charlie grew up in Nevada. He has lived in the Ukiah area for the past 11 years. Charlie and his lovely wife Cindy have been married for three years. They enjoy kayaking, waterskiing, and other water sports. They love living in Ukiah and plan to live here until retirement. In fact, two days after learning of his appointment, Charlie and Cindy bought a house on Lorraine Street. The Ukiah Fire Department is fortunate to have Charlie as its newest career Firefighter. RECOMMENDED ACTION: Warmly welcome Darrell "Charlie" Miller as a new employee. ALTERNATE COUNCIL POLICY OPTIONS: N/A Acct. No. (If NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A N/A Candace Horsley, City Manager Roe M. Sandelin, Acting Fire Chief Candace Horsley, City Manager None Candace Horsley, City l~anager mth:asrcc97 1203F1RE MINUTES OF THE UKJAH CITY COUNCIL Regular Meeting - November 19, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:30 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. Absent: None. Staff present: Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, and City Clerk Henderson. May,~r Malone called for a moment of silence in honor of community volunteer Pat Denny who pa.~sed away November 8, 1997. 2. Pledoe of Alleaianct Councilmember Mastin led the Pledge of Allegiance. 3. ApDrovallCormction of Minute_- 3. Reqular Meetinq of November 5. 199]' ..::,'.':i ,.~i!.:i!:~:~:~ L ::~!'i :':::::::: ": MIS Mastin/Malone to approve the Minutes of November.~'i,:!;ii~997, ~'~::;~rnttted' carried by the following roll call vote: AYES: Councilmembers Chavez, ~tiiku, Kelly, Ma'sun, 'and Mayor Malon®. NOES: None. ABSTAIN: None. ABSENT: None. ..::?!:: '.. ..... 4. EIGHT TO APPEAL DECISlO~ .... 5. _CONSENT CALENDAR M/S Mastin/Chavez to approve the Consent . ."::!i.i a. Den ed Claim for D, mages r. ceived from" 'be, to Joint Powers Autho,ty. Redwood Empire Municipal InsuranceFund; .? ~:~:...~.: .... b. Approved Disbursements for the month of OctOber 1997; .... c. Awarded bid for 35-, 45-, and 55-foot :Class 3.Westem Cedar Poles to J. H. Baxter and Company in the amount of $12,471.03; ..::!:!ii!? ./!:i.~- d. Awarded bid for Sodium Bisu~fa'te Produ~S~ · Approved Budget Amendment'for Fire Hose and:~ittings; f. Approved Budget Amendment and authorized a~ agreement with Chec Engineering Consultants in the amount of $12,000 for the'performa:nce of a Forensic Analysis and Rehabilitation Design for a portion of Aiq:)ort Park:Boulevard; g. Adopted Resolution 9B*lT?Establishing a No-Parking Zone/Bus Loading Zone on the South Side of Commerce Drive Along a'POrtiOn of the La*Z-Boy Store Street Frontage; h. Accepted Easements and Consent to the Abandonment of Easements related to the Kmart ParceJ Map, MinorSubdivision No. 94.-18; i. Approved Budget Amendment for Public Works Department; and j. Received notificationiregarding the purchase of a Liquid Ring Gas Compressor. .~:i .... i!iii.i.' .... i.. The motion carded by ~ following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, .~.l~astin and Mayor MaaS;ne. NOES: None. ABSTAIN: None. ABSENT: None. joined the meeting. 6. '::~UDIENCE COMMENTS ON NON-AGENDA ITEM~ Michael McCa~ney, BLT Enterprises, 283 County View, Mill Valley, addressed the Council regarding BLT Enterprises' proposal to Mendocino Solid Waste Management Authority (MSWMA) to design a transfer station for MSWMA's North State Street site. He presented the Council with copies of a letter from Shawn Guttersen of BLT Enterprises to Michael Sweeney of MGWMA, dated November 18, 1997. City Manager Horeley inquired of Mr. McCartney if the figures in BLT's proposal were based solely on the Ukiah Valley waste stream. Mr. McCartney replied it was not, but BLT could put together such a proposal. Regular Meeting - November 19, 1997 Page 1 Mayor Malone called for Council Reports. Councilmember Chavez reported she attended a meeting of the Main Street Board of Directors. Councilmember Ashiku had no report.. Councilmember Kelly reported on a meeting with a group of citizens concerned with the spraying of herbicides on the Caltrans fight-of-way along the Highway 101 corridor. She attended a meeting of the Recreation ·nd Cultural Center formation committee. That group is willing to include the Skateboard Park in it.~' plans as insurance liability issues have been satisfactorily addressed. She _ re~orted the Sun House Guild made · $14,000 profit on its recent fundraiser, the Grace Hudson Museum Gift Shop is making a profit, ·nd Museum Director Rob Wilson announced he is taking a 3-month leave of absence. She also noted, under Senate Bill 45, · percentage of regional State Highway Funds will be coming under local control. councilmember Ma·tin reported on the recent community Center fundraising event. ::~He noted the Ukiah Players Theatre is extending its performance of Our Town to include a November 11 1997 benefit performance, to help cover the medical bills of local pianist Ed R.....einhart. i!ii!:"' ' Mayor Malone reported on the Rural Economic Selec~:i~!!i~mm~ meeting organized by Assemblywoman Virginia Strom-Martin. He aflended todaY's meeting ~.i~e Northwestern Pacific Railroad Authority in Fortuna. City Manager Homley noted the upcoming City of Ukia~'~dst~$': parties: De'bet 5th for the Police Department and December 6th for City Employees.'~?!iiThe new Kmart ribbon cutting ceremony Councilmember Kelly also noted the Senior Center hired 'Melisse'~hiliips as its Executive Director. 7. ·. i ' ' f ......... "al' ns IR '~, i is' · · .~' ia ' n iai i : " · .:iii'' .:ii!i': ";.:.:::: : ":':':'" ':':' '"' .~:~.i!i::. :: :':" The meeting was recessed to Closea~'~'aaion.~'~6:54 The Council reconvened in Open:!~asion ~:~:21 p.m...~i~o action 8. ADORNMENT :~::!!iiiiiiiiiil-;i !i/ i~ii !ii:?ii:i:!!i:!!iii!i!::~;:': .... ~:;!:..: .... . ..... ~iiii~:iii~'il.i;~??ii:!:iii.:!&. ~i!i~!:i?i';:;:ii:i.l.i?~'' The mee'iing Was :~ClJoume~':.~ 7:~:p.m. ;~:!;iiil. ::: was taken. Colleen B. Henderson, City Clerk Regular Meeting. November 19, 1997 Page 2 ITEM NO. 6a. DATE: DECEMBER 3, 1997 AGENDA SUMMARY REPORT SUBJECT: DENIAL OF CLAIM FOR DAMAGES RECEIVED FROM KRISTIN DOOLEY AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Kristin Dooley was received by the City of Ukiah on November 17, 1997 and alleges damages related to a power outage on November 10, 1997, at 1348 Rose Avenue. Pursuant to City policy, it is recommended the City Council deny the claim as stated and refer it to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION' Deny Claim for Damages received from Kristin Dooley; and Refer it to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Claim of Kristin Dooley, pages 1-3. APPROVED~ Candace Horsley, Cit~Manager mfh: asrcc97 1203CLAIM NOTICE OF CLAIM AGAINST THE CITY OF UKiAH, CALIFORN~ This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the ~overnment Code of the State of California, by the claimant or by a person acting on his/her behalf· RETURN TO: i · · . City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 CLAIMANT' S NAME: NOV 17 199) CI'i'~' CLEI-~t',, L)Li't,d,i I iVltl~l I d oo cc -Y' Number/Street and Post Office-Box m./:/M// City State Home t~hone Number Zip Code Work Phone Number NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE .SENT (if different than above): · · · · OCC E C .: _ AIo , GENE~L DESCRIPTION OF THE ACCIDENT OR OCC~ENCE (Attach additional pages if more space is needed): .~ / ' -.,Z -' '- ,. . · '- ~j NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS A. B. TELEPHONE NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE A. B. -L-- 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 11. 12. TOTAL AMOUNT CLAIMED: THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: $ Loss of earnings: $ Special damages for: vr ......... G~r~l damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ Future loss of earnings: $ Other prospective special damages: $ Prospective. general damages: $ The claim shall be signed by the claimant~or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action~ whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. 'SIGNA~URE OF CI~AIMANT (S~/~ Received in city Clerk's Office this /~,~ day of ~~ S~ATURE NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3:FORNI~CLAIM Rev: 3110/95 - L- CFIAWFORD'S VCR REPAIR 1128 SOUTH STATE STREET FREE UKIAH, CALIFORNIA 95482 ESTIMATE S,,,e,.~.,D. Telephone (707) 468-1371 70765 SERVICE I U WILL CALL I WARRANTY INSTALL C] DELIVER ! I ~wl$~.! ~, oROg~E~ // /' ~.~ I _ I /~ I I. ! I !!/ "'7~/~ ~f ~ ' ! ~r~ Y .................... ' ~ ................ Xoo.~ss ................. dA~t ~uou,s[~ AFTER NOTIFICAI'ION ANY ITEM LEFT OVER 30 DAYS WILL BE SOLD FOR SERVICES RENDLRED NO EXC ESTIMATED CHARGES INCLUDE SERVICE CALL, SHOP lABOR, REMOVAL, $ RE-INSTALLATION AND PARTS, IF UPON CLOSER SHOP ANALYSIS ADDIIIONAL REPAIRS il, ir OEPOSITEO PI~OPIEnTY [-JIS ~ IS NOT (~CC~SlON[D ~Y tJt~rl ~1~ OR VANDALIS~ RE4NI~TALLATION CU$1OMER'S 0 K. $ TIME & DATE CALLED ARE NEEDED. YOU WILL BE CONTACTED-*FOR_ AUTHORIZA]IO~I TO. CO~RA~iTIONAL CHARGES NOTE.'-II. equlprnenl is returned al customer request before [ C E Iv ~ D e Y / /~--"~ authocized sei~ejs pe~ormed, a diagnos~s an~ handhng c ha ?I[CNNICIAN / ~'/ I ~ ' '-- '-. /" ~I~ / ] or est,mate tee of $ ~ will be made. ...... , ..... ,?,, i?q.,~f,..l i.,,,,,,.ss.,,s,.c,o ..... ~o,..,,,,o.o,.~..,s.,,u.,,,o / J '--.M ~ /j ~,~,/~,,,~,,;s x ., ',,, ...... ""'/"~'"-'"oX/ /.,,~. -- ._z A / \ /_,,31TDA LABOR GUARANT£1~D ON ALL WORK P£RFORM~D · '.: . WAl-MART ',' · ~E SELL FOR LESS ALWAYS! "STORE J2052 ,: ST~ 2052 OP~ 00000641 TEl 14 TR~ 07254 KAPPLE JACKS 0038000029nn ,__~ - -- F 0,88 D KAPPI. E JACKS 00v800002980 F 0.88 MILK X 007085200009' 3,03 D HARKERS 007234807003' 1,96 J , ,~ BARNEYS BEST 060063990183 2.67 J :',i ~AZOR o02~sooso?8 2,'97 j ~ATER HOSE 007862720083. 16,97 J · :' FUN DOUGH. '007234808051 ' '" ~RAIN/FILL K 007984225301 JWBE~ HE~TER 00778422840~. · > REG 2,11'/ '00282000082? SUBTOTAL~ 77.42 .: TAX I. 7,250 Z 5,27 TOTAL , CHEC~ TE~B 82,69 ' CHANGE.DUE .0,O0 TCj 5343140892"~ SHOP O~L]NE! ~,~AL-HART,COM I1/10/~7 I6;23:13 f' ' ITEM NO. 6h DATE: DEGEMBER 3, 1997 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF BIDS FOR OCEAN CARGO CONTAINERS SUMMARY: On October 22, 1997, Requests For Quotations were mailed to suppliers of used ocean cargo containers to be used in the construction of the fire training tower. Bids were opened on November 12, 1997. After review of the bids and follow-up with suppliers it has been determined that the specifications did not provide enough detail to allow true comparison of product and price for purposes of accepting a bid. Staff.believes the best course of action at this time is to reject all bids, modify the specifications to more clearly detail the requirements, and request new quotations. RECOMMENDED ACTION: Reject all bids for ocean cargo containers. ALTERNATE COUNCIL POLICY OPTIONS: 1. Direct staff.to further review quotations and recommend award of bid. Acct. No. (If NOT budgeted): Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: 698-2101-800-000 Candace Horsley, City Manager Roe M. Sandelin, Acting Fire Chief Candace Horsley, City Manager 1. Tabulation of Bids 2. Completed Quotation Submittals APPROVED :~..~_o '~~"~L~ Candace Horsle~, Cit~ Manager mfh:asrcc97 1203cargo //- qt,~ l . O o CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER I DATE: 10/22/97 RE~. NO. E 13296 BIDS WILL BE RECEIVED UNTIL 2:15 p.m. November 12, 1997 TO: INTERNATIONAL EQUIP. MKTG, INC. Two Lombard Street San Francisco,CA 94111 AT THE OFFICE OF THE CITY CLERK 300 SBMINARY AVE. CITY of UKIAH BY: Colleen Henderson City Clerk QUOTATIONS ARE REQUESTED FOR TH~ FOLLOWING H~_.MS: ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNIT PRICE TOTAL 5 Used Water Tight, 8 ft. x 8 ft. x 20 ft. Ocean Cargo Containers with Lockable Cargo Doors as per requirements listed: Tax: Same Manufacturer TOTAL: Matching exteriors for all containers or 5 Re-Manufactured Used Water Tight 8 ft. x 8 ft. x 20 ft. Ocean Cargo Containers with Lockable Double Cargo Doors as per requirements listed: Tax: a~_~ ,~. Sandblasted to SA2 where necessary TOTAL: ~ '~ L~ ~. Primed with Epoxy Zinc ~L~ ~ Refitted Doors C~.-~'---~ Replaced gaskets/vent covers ' ' '~//=,,.-'3, ~ Repainted (Grade B) with 3 year warranty Color as selected by City of Uldah .q~ 7 0 Matching exteriors for all containers...~-~y ~O0'~ 16 Stacking Cones ~Tax: If you have questions regarding the containers, please contact: TOTAL: Pete Bushby at 707-463-6275 Ukiah Fire Department will need to inspect containers before :delivery. . Cost to include delivery to Ukiah Fire Department, 300 Seminary Avenue, Ukiah, CA 95482 Delivery Date. Desired December 10, 1997. I DEL TO: BIDDER~. _ ,_Iv, .... TERMS: 1. FIIgh! Is reserved lo reJec! m~¥ ~nd all bids. 2. F{Igh! Is reserved to accept sepal-ate Items unless speciflc.~lly denied by bidder. 3. In CASE OF DEFAULT, lhe Cily of Uklah rn~¥ procure lhe items quoted on from olher sources ~nd hold ~he original bidder liable for m~¥ Increased cosls. 4. All subslitu~ions sh~ll show manufaclurer's n~me, c~l~log number ~nd coml~r~hle specs. 5. The price, terms, delivery point, and delivery date rn~¥ Individually or collec~el¥ be l~e be$1s of Ihe ~v~dlng of ~he bid. G. ALL QUOTATIONS MUST BE SIGNED. OPENIN~ DATE ~nd TIME *MU$'~' be promlnenl~ displayed on subml~lng envelope. 7. In submillJng ~he ~ove, l~e vendor agrees ~hat lhe accepr~'~nce of ~n¥ or ~11 quol~lons by ~he Ci~y of Uklah, within 30 days constitutes a contract. CITY of UKIAH 300 Seminary Avenue Uldah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM TI-HS IS NOT AN ORDER I DATE: 10/22/97 REQ. NO. E 13296 TO: SEATEQ INC. 21 Tamal Vista Blvd. Ste 170 Corte Madera, CA 94925-1146 BIDS WILL BE RECEIVED UNTIL 2:15 p~n. November 12, 1997 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Colleen Henderson City Clerk QUOTAIIONS ARE REQUESTEDFORTH~FOLLOV~NG ITEMS: ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNYI' PRICE TOTAL 5 Used Water Tight, 8 ft. x 8 ft. x 20 ft. Ocean Cargo Containers with l~c~Oc>0 <2~, ~.¥~O Lockable Cargo Doors as per requirements listed: Tax: '___ Same Manufacturer TOTAL: Matching exteriors for all containers or I0,.o 5 ' Re-Manufactured Used Water Tight 8 ft. x 8 ft. x 20 ft. Ocean Cargo Containers with Lockable Double Cargo Doors as per requirements listed: Tax: Sandblasted to SA2 where necessag, TOTAL: Primed with Epoxy Zinc Refitted Doors Replaced gaskets/vent covers Repainted (Grade B) with 3 year warranty Color as selected by City of Ukiah Matching exteriors for all containers Sta k Co e ZtOO +O-I-O_q_ tax.' If you have questions regarding the containers, please contact: TOTAL: Pete Bushby at 70%463-6275 Ukiah Fire Department will need to inspect containers before delivery. Cost to include delivery to Ukiah Fire Department, 300 Seminary Avenue, Ukiah, CA 95482 Delivery Date Desired December 10, 1997. TERMS: ,.~O dCX.3,_ S DEL. DATE: Phone: DAT~ID: TERMS: 1. Right is reserved to reject any and all bids. 2. Right Is reserved to accept separate Items unless spedflcally denied by bidder. · 3. In CASE' OF DEFAULT, the City of Uldah may procure the Items quoted on lrom other sources and hold the original bidder liable for any Increased costs. 4. All subsUtuUons shall show manufacturer's name, ca~og number and comparable specs. :5. The price, terms, delivery point, and delivery date may Individually or collectively be the basis of the awarding of the bid. 5. ALL OUOTATIONS MUST BE SIGNED. OPENING DATE and TIME 'MUST" be prominenl~/displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance o1' any or all quotations by the City of Uklah, within 30 days constitutes a contract. Mobile Storage Group, inc. Chrislopher wolpert FY of UKIAH 300 Sm~n~ Avenu~ Uki~ CA- 954~2 Phoue 707-463-6217 tJO?A. O RmRN mis ~RM IS IS NOT ~ O~ER TO: _J DATE: 10/22/97 NO._ E13296 UOTATIONS AR~ p.E(]~n FOR. ~ FOI..LOWI~(~ ~; ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. I III Il i 5 Us~ Wa~r Ti~t, g ft. x 8 ~ x ~ ft, ~ C~go ~n~i~ ~& ~ I qq 5~ ~ q q ~' ~ 0 Il ~bleC~go~~r~~lh~; T~: ~.~ ~ ~o, ~ Or ~ 5 R~M~~ U~ W~ Ti~t 8 · x 8 ~ x 20 fi. ~ ~go. ~0 ~'1 ~ ~nt~e~ ~ L~knbl~ ~uble ~ ~ ~ p~ r~~ ~: T~: ..... S~~ to S~ w~ n~ess~ :TOT~: Repl~ed g~~t ~v~ R~t~ (Gr~ B) ~ 3 ye~ ~lor ~ ~1~ by ~ of ~ ~~g ex~s for ~ ~t~ ~ O B ~ ~ 16 S~~ ~n~ T~: ~ you ~ve qu~flo~ ~~g ~ con~e~ pl~ con,t; ~T~: Pete BuSby nt ~0~6B~5 ~h F~ Depn~t ~!i need ~ ~~ con~~ ~fore defl~. Avenue~ ~ CA 954~2 ~Hv~ D~te ~ed ~ee~r 10, ~?. _ III I 30 P.o. DEL. TO: I I I II I III .... I. Right · rese~od to reJe~ any and ail aids. ~. ~t ~ ~ ~ ~ ~ ~ un~ ~d~y ~ ~ ~r. 3. · ~SE ~ DEFA~T, ~e O~ of ~ ~ ~m ~ It~ ~ m ~m ~r ~m$ ~d ~d ~ ~1~ ~r I1~ ~ ~Y I~ ~. TOTAL P, ~1 CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER I DATE: 10/22/97 REQ. NO. E 13296 TO: AIR-SEA CONTAINERS, INC. 498 Hester Street San Leandro, CA 94577 BIDS WILL BE RECEIVED UNTIL 2:15 p.m. November 12, 1997 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AV~ CITY of UKIAH BY: Colleen Henderson City Clerk QUOTATIONS ARE REQUr~TED FOR THE FOLLOWING ITEMS: ALL QUOTATIONS SHALL BE F.O.B. UKIAH. CA. QUANTITY DESCRIPTION UNIT PRICE TOTAL 5 Used Water Tight, 8 ft. x 8 ft. x 20 ft. Ocean Cargo Containers with Lockable Cargo Doors as per requirements listed: Tax:'7,q 5 Same Manufacturer -~ ~ ~ ~. -- TOTAL: Matching exteriors for all containers or '-Na~a 5 Re-Manufactured Used Water Tight 8 ft. x 8 ft. x 20 ft. Ocean Cargo . · Containers with Lockable Double Cargo Doors as per requirements listed: Tax:-l..'~ S c~ Sandblasted to SA2 where necessary TOTAL: Primed with Epoxy Zinc .~ q Sq..- Refitted Doors Replaced gaskets/vent covers Repainted (Grade B) wilh 3 year warranty Color as selected by City of Ukiah Matching exteriors for all containers 16 Stacking Cones ~ c~._ t4-OO. '--' If you have questions regarding the containers, please contact: TOTAL: Ct~l. o0 Pete Bushby at 707-463-6275 Ukiah Fire Department will need to inspect containers before delivery. Cost to include delivery to Ukiah Fire Department, 300 Seminary Avenue, Ukiah, CA 95482 Delivery Date Desired December 10, 1997. DEL. TO: DEL. DATE: 8 S ~.4..5=,,c ¢(c.,,) BIDDER: ' , r. e,.. cc , , ,rs' TITLE: ~) ~- ~ .S ,Phone~5~e)5~g--/~ Fax: DATFJBID: TERMS: 1. Flight Is reserved lo reject any and all bids. 2. Flight Is reserved to accept ~eparate Items unless specifically denied by bidder. 3. In CASE OF DEFAULT, the Oily of Uklah may procure the Items quoted on from other sources and hold ire original bidder liable for any Increased costs. 4. All ~ubsUtutlona shall show manufacturer's name, catalog number and comparable specs. IS. The price, terms, delivery poiflt, and delivery date may Individually or collectively be the basis of the awarding of the bid. B. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME *MUST' be promlnentl¥ displayed on submitting envelope. ?. In submitting the above, the vendor agrees that the acceptance ol any or all quotations by tho Oily of Uklah, within $0 days constitutes a contract. ., fL, CITY of UKIAH / -V. 0 t./ ., ~/e 300 Se~nin~ Avenue ~ I'll Y ., I ~- [ · , REQUEST FOR QUOTATION Ct ~' ~.. , O0 ' ~:~ I, ,~ I 1~5 ~.~' ~'RETURN THIS FORM -' l~q -- (,~6q~ . ,,C3 THIS IS NOT AN ORDER ~GR CONTAINER SALES 945 F Street w. Sooro o. C^ DATE: 10/22/97 REQ. NO. E 13296 BIDS WILL BE RECEIVED UNTIL 2:15 p.m. November 12, 1997 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Colleen Henderson City Clerk QUOTATIONS AREREQUESTEDFORTHEFOLLOWING ITEMS: ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNIT PRICE TOTAL 5 Used Water Tight, 8 fi. x 8 fi. x 20 ft. Ocean Cargo Containers with Lockable Cargo Doors as per requiremenm~listed: Tax: Same Manufacturer ~ TOTAL: Matching exteriors for all containers or 5 Re-Manufactured Used Water Tight 8 ft. x 8 ft. x 20 ft. Ocean Cargo ,, Containers with Lockable Double Cargo Doors as per requirements listed: Tax: Sandblasted to SA2 where necessary ~" TOTAL: Primed with Epoxy Zinc ----- Refitted Doors Replaced gaskets/vent covers Repainted (Grade B) with 3 year warranty Color as selected by City of Ukiah Matching exteriors for all containers 16 Stacking Cones Tax: If you have questions regarding the containers, please contact: TOTAL: Pete Bushby at 707-463-6275 Ukiah Fire Department will need to inspect containers before ' delivery. Cost to include delivery to Ukiah Fire Department, 300 Seminary Avenue, Ukiah, CA 95482 Delivery Date Desired December 10, 1997. . j ii iTERMS: DEL. TO: DEL. DATE: BIDDER: BY: TITLE: Phone: Fax: DATE/BID: TERMS: 1. Right Is reserved to reject any and all bids. 2. Right Is reserved to accept separate Items unless spedflcally denied by bidder. 3. In CASE OF DEFAULT, the City of Uldah may procure the Items quoted on from other sources and hold the original bidder liable for any Increased costs. 4. All substitutions shall show manufacturer's name, catalog number and comparable specs. 5. The pdce, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. B. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST' be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Uklah, within 30 days constitutes a contract. ITEM NO. 6c DATE: DECEMBER 3. 1997 AGENDA SUMMARY REPORT SUBJECT: ACCEPT PUBLIC UTILITY EASEMENTS AND APPROVE SUBDIVISION AGREEMENT FOR MINOR SUBDIVISION NO. 94-34 Submitted for the City Council's action is the acceptance of a 10 foot wide public utility easement and a 5 foot wide City street tree easement (both being offered for dedication on the Parcel Map for Minor Subdivision No. 94-34) and the approval of a Subdivision Agreement. The Agreement, when executed by the Subdivider and the City, will require the Subdivider to complete conditions of approval within one year from the date of the Agreement. Parcel Maps are not normally submitted to the City Council for any action; they are usually reviewed and approved solely by the City Engineer. Because the Subdivider has elected to dedicate the required public easements by way of the Map when it is approved and recorded, it is necessary that the Council take action to either accept or reject the offers of dedication. In most cases the required public easements related to a minor subdivision are dedicated by separate instrument and are accepted by the City Manager in accordance with Resolution No. 61-54. CONTINUED ON PAGE 2 RECOMMENDED ACTION' Accept for public use the public utility easement and the City Street Tree easement offered for dedication on the Parcel Map and approve the Subdivision Agreement for Minor Subdivision No. 94-34 and authorize the Mayor to execute said Agreement on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: Not accept for public use those easements offered for dedication that the City Council deems are not necessary for the public's use. Appropriation Requested'N/A 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. Reduced copy of the Parcel Map, 2 Sheets. 2. Subdivision Agreement. 3. Minutes of the Public Hearing for Minor Subdivision No. 94- 34 APPROVEDL Candace Horsley, Ci~ Manager Accept Public Utility Easements and Approve Subdivision Agreement for Minor Subdivision No. 94-34 December 3, 1997 Page 2 The public utility easement offered for dedication is a 10 foot wide strip running east and west along the northerly portion of the proposed Parcel 2 and north and south along the eastern portion of proposed Parcel 1, (See Attachment No. 1). Both parcels will be served with power and other utilities via the easement. The 5 foot wide City Street Tree easement is congruent with the existing 5 foot wide public utility easement along the southern boundary of both parcels. The Subdivider desires to have the Parcel Map approved and recorded prior to the completion of the conditions of approval and, therefore, it is necessary that the unfinished work be guaranteed with an approved security and that a Subdivision Agreement between the City and the Subdivider be executed. The Subdivider is required to reconfigure the existing parking lot to obtain 26 parking spaces within Parcel I and 16 parking spaces within Parcel 2. It is estimated that the cost to restripe and reconstruct a planter island to obtain the required parking spaces is $375.00. Upon execution of the Agreement, the Subdivider will be required to complete the work within one year from the date the agreement has been executed. The Parcel Map will be approved by the City Engineer subsequent to the completion of the following items: . The City Council accepts the public easements offered for dedication on the Parcel Map. . The Subdivision Agreement has been executed by both the Subdivider and the City. . An approved security for the Faithful Performance of the uncompleted work has been filed with the City. 4. The field verification of the monumentation to be set. 5. The submittal of updated title report and tax statements. RHK:kk R:I\PW A94-34.WPD x, i AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Ukiah, California, hereinafter referred to as "City", and Tom Akin, hereinafter referred to as "Subdivider", both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a minor subdivision map (hereinafter called "Map") entitled "Parcel Map of Minor Subdivision 94-34". The Map has been filed with the City Engineer for presentation to the City Council of the City for its acceptance of public easements and the City Engineer's subsequent approval of the Map, which Map is hereby referred to and incorporated herein; Subdivider has requested approval of the Map prior to the completion of conditions of approval which are a part of or appurtenant to the subdivision, which are now on file in the office of the City Engineer of the City: This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Chapter 1 of Division 9, Ukiah City Code. NOW THEREFORE, for and in consideration of the approval of the Map prior to the completion of the conditions of approval and in order to insure the satisfactory performance by Subdivider of the conditions of approval, the parties agree as follows: 1. PERFORMANCE OF WORK. Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense in a good and workmanlike manner and furnish all required material, all under the direction and to the satisfaction of the City Engineer of City, all of the following work and improvements within (and/or without) the Subdivision, to wit: The work and improvements described herein. The estimated total cost for said improvements of $375.00 as described in the document entitled "ESTIMATED IMPROVEMENT COSTS FOR STRIPING AND PARKING AREA CURB MODIFICATION", a copy of which is attached hereto and incorporated herein by reference. The Subdivider shall also do all work and furnish all the materials necessary in the opinion of the City Engineer, and on his order to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER. e . All of said work is to be done at the places, of the materials, in the manner approved by City Engineer and to the satisfaction of said City Engineer. WORK: TIME FOR PERFORMANCE. Subdivider agrees to complete such work on or before the third day of December, 1998. At least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof so that City Engineer shall be able to provide services of inspection. TIME OF ESSENCE - EXTENSION. Time is of the essence of this agreement; provided that in the event 'good cause is shown therefor, the City Manager may extend the time for completion of the improvements hereunder. If Subdivider has secured its performance with a Letter of Credit, the City shall not extend the time for performance unless the expiration of the Letter of Credit is extended by the same amount of time. Any such extension may be granted without notice to the Subdivider's surety and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. REPAIRS AND REPLACEMENTS. . . Subdivider shall replace, or have replaced, or repair, or have repaired as the case may be, all pipes and monuments shown on the Map which may have been destroyed or damaged and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political and subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. PERMITS: COMPLIANCE WITH LAW. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. SUPERINTENDENCE BY SUBDIVIDER. 0 Subdivider shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress with authority to act for Subdivider. INSPECTION BY CITY. e Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. CONTRACT SECURITY. 10. Concurrently with the execution hereof, Subdivider shall furnish improvement security consisting of one or more of the following: (1) a cash deposit or deposits made with the City, (2) a bond or bonds by one or more duly authorized corporate sureties or (3) an instrument or instruments of credits from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. Said improvement security shall be in the amounts and for the following purposes: (a) an amount equal to or at least one hundred (100%) percent of the total estimated cost of the improvement conditioned upon the faithful performance of this agreement and (b) an additional amount equal to not less than fifty (50%) of the total estimated cost of the improvement securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement. Any reductions authorized to be made in the amount of the improvement security shall be effected by a refund from any cash deposits made or a partial release of any surety bond or instrument of credit. If Subdivider deposits a cash security with City, it shall have no obligation to account to Subdivider for interest on said deposit from the date of deposit until said security is expended or returned to Subdivider. City shall have no obligation to record the Map unless or until Subdivider has executed this Agreement and furnished contract security as required by this Agreement. RELEASE OF SECURITY. Reductions in the faithful performance improvement security may be made in such amounts as in the opinion of the City Engineer and the City Manager will equal one hundred (100%) percent of the estimated cost of improvements when satisfactorily completed. Said reductions shall be authorized upon the filing with the City Clerk of a written certification by the City Engineer and the City Manager that the work covered thereby has been satisfactorily completed and stating the amount of the reduction authorized. o 11. HOLD-HARMLESS AGREEMENT. Subdivider hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death as well as from claims for property da:nage which may arise from Subdivider's or Subdivider's contractors, subcontractors, agents or employees operations under this agreement whether such operations be by Subdivider or by any Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any Subdivider's contractors or subcontractors. Subdivider agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused by reason of any of the aforesaid operations; provided as follows: ao That City does not and shall not waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement because of the acceptance by City or the deposit with City by Subdivider or any of the insurance policies described in paragraph 12 hereof. bo That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of any of the aforesaid operations referred to in this paragraph regardless of whether or not City has prepared, supplied or approved of plans and/or specifications for the subdivision or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12. 13. SUBDIVIDER NOT AGENT OF CITY. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with performance of Subdivider's obligations under this agreement. COST OF ENGINEERING AND INSPECTION. Subdivider shall pay City for all engineering, inspection, and other services furnished by City in connection with the subdivision. Where fees are established for such engineering, inspection or other services by ordinance or regulation of City, Subdivider shall pay on the basis of those established fees. Where no fees are established Subdivider shall pay the actual cost to City. City shall furnish statements of all charges for services performed by City and Subdivider shall complete payment of such charges within ten (10) days to take over the performance of the contract and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and in such event City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 14. NOTICES. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager, Civic Center 300 Seminary Avenue Ukiah, California, 95482 Notices required to be given to Subdivider shall be addressed as follows: Mr. Tom Akin Redwood Plaza Car Wash 162 Talmage Road Ukiah, California 95482 Notices required to be given surety of Subdivider shall be addressed as follows: Mr. Tom Akin Redwood Plaza Car Wash 162 Talmage Road Ukiah, California 95482 Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. DATED AND EFFECTIVE this day of ,19 "CITY" CITY OF UKIAH BY MAYOR ATTEST' CITY CLERK "Subdivider" ESTIMATED IMPROVEMENT COSTS FOR STRIPING AND PARKING AREA CURB MODIFICATION AMOUNT TOTAL REMAINING ITEM DESCRIPTION AMOUNT THIS DATE 1 Restriping parking $275.00 $275.00 spaces * 2 Remove curb at $100.00 $100.00 edge of parking area ** TOTAL $375.00 $375.00' * Restriping shall include lines and pavement markings to provide twenty-six (26) parking spaces on Parcel No. 1. ** In order to proved the total parking width required for twenty-six (26) parking spaces, curb and concrete shall be removed at the east end and new curb replaced to provide approximately one (1) foot greater width in the parking area. Associate Engineer Larry Woods, discussed recommended conditions of City staff. Associate Planner David Lohse, no comment. PUBLIC HEARING - OPENED 10:10 A.M. Tom Akin, Applicant, advised the Parcel Map, prepared by Brooks and Vogel, is on schedule. He also advised he will investigate the status of the taxes. He inquired if the Tentative Map is before the Final Map. Mr. Woods responded if the conditions are finalized at this meeting, the Tentative Map expires 24 months from this date to complete the Final Map. Mr. Lohse advised if the applicant cannot complete the Tentative Map within 24 months, the applicant can apply for a 1-1/2 year extension. Mr. Akin advised "FIRE LANE - NO PARKING" has been painted next to the curb, and inquired if "FIRE LANE - NO PARKING" is required to be painted on the red curb or next to the curb. He further advised the Public Utility easements prepared by Brooks and Vogel, the P.U.E. for PG&E and the single above-ground transformer, will be in the Fi'nal Map. Mr. Akin inquired if an easement or grant is required by the City for public utility access. Mr. Woods responded an easement is required, and public utility coordination with PG&E, telephone, and cable are needed to determine the size and location of the easements. Should PG&E request a separate easement from a public utility easement, the City Engineer will contact PG&E. Mr. Akin advised the proposed property line will be joggled bringing it out to the curb as opposed to the east/west, and obtain 4 feet of parking, allowing 233 square feet required by the City and allowing the outdoor waiting area to remain the same. He asked for an extension to June 1, 1995, for the restriping of the parking lot to allow the current striping to fade. Mr. Lohse had no objection to the restriping. Mr. Woods had no objection to the restriping. Mr. Akin asked until the Final Map is approved by the City, is the parcel considered one parcel. Mr. Woods responded until the Final Map is recorded by the County it is considered one parcel. Mr. Akin advised he received a letter from Roger Sprehn, Fire Marshal, stating the walls which will be adjacent to the proposed property line are of block construction. This type of construction is equivalent to or greater than the specification for one-hour fire resistive MINUTES OF THE CITY ENGINEER PUBLIC HEARING PAGE 2 NOVEMBER 30, 1994 construction which will be required. Mr. Akin questioned if he can grant an easement if he is not the property owner. Mr. Woods responded the current property owner would grant the easement for public utilities. Mr. Akin questioned the Benefit Assessment Area. Mr. Woods responded this will not be a condition. PUBLIC HEARING - CLOSED 10:25 A.M. It was the determination of Associate Engineer Larry Woods, acting in the behalf of the City Engineer, that Minor Subdivision Application No. 94-34, as filed by Tom Akin, to allow the division of an existing 0.98 acre parcel into two parcels of 23,682 square feet and 19,090 square feet, respectively, on property located at 162 Talmage Road, Assessor's Parcel No. 003-140-47, be conditionally approved as follows and based on the following findings: · FINDINGS: o The proposed lots that would be created by this division are consistent with the Municipal Code provisions for Type VI subdivisions and the Zoning Code standards for permitted uses, building height limits, required yards, and additional requirements; . There is adequate area on the proposed lots to accommodate the required number of parking spaces; . The project creates no significant adverse impacts, pursuant to the California Environmental Quality Act, which, in fact, exempts such projects according to Categorical Exemption Class 15, Section 15315 (minor land divisions); and . The division of the parcel will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood, or be detrimental to property or improvements on or around the site, or be harmful to the general welfare of the City because the proposed lots comply with the permitted uses and lot standards of the underlying zone. CONDITIONS OF APPROVAL: . A Parcel Map shall be prepared pursuant to Local Ordinance and the Subdivision Map Act and submitted to the City Engineer for review and approval with all materials, fees, and substantiating documents required by the City Engineer. MINUTES OF THE CITY ENGINEER PUBLIC HEARING PAGE 3 NOVEMBER 30, 1994 . . . o All taxes, now or past due, shall be paid prior to the approval of the Parcel Map. The Tentative Map shall expire 24 months after its approval or conditional approval. The fire lane which was required along the south side of the parking area within proposed Parcel 1 under previous land use approvals shall be re-established and maintained. The fire lane shall be painted red and lettered "FIRE LANE - NO PARKING" at 25 foot intervals. The applicant shall consult with the Fire Marshal for further specifications. On-site public utility easements meeting the requirements of the City Engineer shall be granted to the City for all public utilities that have been installed or are required to be installed to serve proposed Parcels 1 and 2. Each parcel shall be served separately with public utilities. The applicant shall provide a drawing showing all existing utilities, including but not limited to sewer, water, electrical, gas, telephone, and cable to the City Engineer. This drawing will assist the City Engineer in determining where on-site easements are required. . The proposed north-south property line between proposed Parcels 1 and 2 shall be adjusted to provide a minimum of forty-two (42) parking spaces as required pursuant to Variance No. 88-4. Proposed Parcel 1 shall be provided with twenty- six (26) parking spaces and proposed Parcel 2 be provided with sixteen (16) parking spaces. The most easterly driveway approach fronting Talmage Road shall remain as a common approach to Parcels 1 and 2. . Any exterior wall of an existing structure within 20 feet of the proposed property line between Parcel 1 and 2 must have a one (1) hour fire rating. . Applicant shall re-grant to the City the existing five (5) foot public utility easements along Talmage and Perry Street frontages, as granted in Instrument 1723, Book 217, Records of Mendocino County Recorder, as five (5) foot public utility and street tree easements. ADVISORY NOTES , Easements maybe granted by separate instrument or by the Parcel Map. If easements are offered on the Parcel Map, the Parcel Map must be submitted to the City Council for approval and action on easement offers. MINUTES OF THE CITY ENGINEER PUBLIC HEARING PAGE 4 NOVEMBER 30, 1994 ADJOURNMENT: There being no further business, the meeting was adjourned at 10:30 a.m. Larry V~ods,../A~ting in the behalf of the City Engineer Rick Kennedy, Ciiy Engineer ..~ Kathy' K~n~h,' Re(~rding S~cretary ~ MINUTES OF THE CITY ENGINEER PUBLIC HEARING PAGE 5 NOVEMBER 30, 1994 ITEM NO. 6d DATE: DECEMBER 3 1997 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE QUIT CLAIM DEED RELATED TO THE K-MART PROJECT. Submitted for the City Council's consideration and approval is a request that the City Manager be authorized to execute a Quit Claim Deed transferring the City's fee simple interest in a portion of Hospital Drive to Pear Orchard Associates, property owner of the K-Mart site and adjacent properties. It is desired that the westerly 136 feet of the 800 feet of Hospital Drive previously vacated by the City remain as a public street to sustain public street access for Parcel C. To accommodate contractual arrangements between K-Mart and Pear Orchard Associates regarding the specific amount of lands leased to K-Mart, and to re-establish this portion of Hospital Drive as a public street, the Subdivider's Engineer, the title company, and the City Engineer agree, that the Quit Claim of this portion of Hospital Ddve, its inclusion within the lands being subdivided, and its re-dedication as a public street easement is the superior means of achieving the City's objectives concerning public access to Parcels C and A from the west. Also, it will not be necessary for the City of Ukiah to sign the map as fee owner of a portion of the lands being subdivided. The portion of Hospital Ddve to be Quit claimed lies adjacent to and west of that portion of Hospital Ddve Quit claimed by the City in August. It is the most westerly portion of the 800 feet of Hospital Drive vacated with the approval and adoption of Resolution No. 94-59. This portion of Hospital Drive is being m-offered for dedication to the public as an easement for street purposes on the Parcel Map for Minor Subdivision No. 94-18. RECOMMENDED ACTION: Authorize the City Manager to execute a Quit Claim Deed transferring the City's interest to a former portion of Hospital Drive to Pear Orchard Associates, adjacent property owner. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not authorize the City Manager to execute the Quit Claim Deed; authorize the Major to execute the Map on behalf of the City as owners of a portion of the land being subdivided; re-instate the westerly 136 feet of the 800 linear feet of Hospital Drive previously vacated as a public street by the adoption of Resolution No. 94-59 as a public street. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A 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. Quit Claim Deed. 2. Vacation Resolution No. 94-59. 3. Reduced copy of Parcel Map for Minor Subdivision No. 94-18 APPROVED: t~.~ ~rc~'c~r~l,~ ,:,~v:~ Candace Horsley, City I~nager RECORDING REQUESTED BY AND WHEN RECORDF_.D MAIL TH~ D~ED AND, UNLESS OTHER- WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: NAME PEAR ORCHARD ASSOCIATES 1050 N. GATE DRIVE, SUITE 285 SAN RAFAEL, CA 94903 Title Order No. t Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed The undersign declares that the documentary transfer tax is $ -0- and is [-'l computed on the full value of the interest or property conveyed, or is I"-] computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ["-] unincorporated area [~ city of UKIAH and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF UKIAH, A MUNICIPAL CORPORATION does, hereby remise, release and forever quitclaim to PEAR ORCHARD ASSOCIATES, LLC the following described real property in the CITY OF UKIAH County of Mendocino, state of California: A strip of land, being a portion of Lot 2, as that Lot is numbered and designated on the Map for Parcel Map 76-18, Recorded in Map Case No. 2, Drawer No. 29, Page No. 23, Records of Mendocino County Recorder, also being a portion of Hospital Drive as that drive is shown on said Map, and more particularly described in Exhibit "A" attached hereto and made a part hereof. Dated Candace Horsley, City Manager City of Ukiah, pursuant to Minute Order Dated December 3, 1997 EXHIBIT "A" TO QUITCLAIM DEED OF A STRIP OF LAND FORMALLY A PORTION OF HOSPITAL DRIVE CITY OF UKIAH TO PEAR ORCHARD ASSOCIATES Commencing at a point that lies on the west line of Orchard Avenue and on the centerline of Hospital Drive, as said west line and centerline are shown the Map of the Pear Tree Business Park Subdivision, recorded in Map Case No. 2, Drawer No. 39, Page 17, records of said County Recorder; thence S 00° 14' 12" E, 72.94 feet, along said west line of Orchard Avenue to a circular curve, concave to the southwest, having a radius of 40 feet; thence northwesterly along said circular curve an arc length of 65.59 feet through a central angle of 93° 57' 24" to a point of tangency with the south line of said Hospital Drive; thence S 85° 48' 24" W, 625.50 feet, along said south line to the northeast corner of Lot 10 of said subdivision to the Point of Beginning; thence N 04° 11' 36" W, 60.00 feet, along the northerly prolongation of the east line of said Lot 10 to the north line of said Hospital Drive, said northerly prolongation also being the westerly line of the deed quitclaiming the easterly portion of Hospital Drive as recorded in Book 2436 at Page 138 of Mendocino County Records; thence S 85 ° 48' 24" W, 136.08 feet, more or less, along last said north line of Hospital Drive to a point on the westerly line of said Map of Pear Tree Business Park Subdivision; thence along last said westerly line S 00° 27' 14" E, 60.12 feet, more or less, to said south line of Hospital Drive; thence N 85° 48' 24" E, 140.00 feet, more or less, along last said south line of Hospital Drive to the Point of Beginning. / No Parcel Number assigned. C:~projects~n aps\qc-hosp 1 2 3 4 5 6 7 8 9 10 11 12 When Recorded Mail to: City Clerk City of Ukiah 300..'~mina~ A~ ~tah, CA 95482 RESOLUTION NO. 94-59 RESOLUTION OF THE ClW COUNCIL OF THE ClW OF UKIAH VACATING AN EIGHT HUNDRED (800) FOOT PORTION HOSPITAL DRIVE BETWEEN HAMILTON STREET AND ORCHARD AVENUE WHEREAS, the City Council conditionally approved use permit 93-32 (Resolution 94-48) to allow construction of a 117,162 square foot K-Mart store over a portion of Hospital Drive; and WHEREAS, an integral component of the design for the K-Mart project calls for the closure of a podion of a city street; and WHEREAS, Section 8320 et. seq. of the State of California Street and Highways Code prescribes the procedure for the vacation of rights-of-way and public service easements; and 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 WHEREAS, the City Council adopted a Resolution on May 18, 1994 declaring its intent to vacate an eight hundred (800) foot portion of Hospital Drive between Orchard Avenue and Hamilton Street; and 0 WHEREAS, the City Council provided the public notice required by the State of California Streets and Highways Code Sections 8322 and 8323; and WHEREAS, on June 15, 1994, the City Council conducted the public hearing in accordance with California Streets and Highways Code Section 8324 and heard and considered all evidence offered at said hearing by interested persons; and ' WHEREAS, based upon the evidence presented, the City Council finds that 1) the portion of Hospital Drive between Orchard Avenue and Hamilton Street is unnecessary for present or prospective public use and 2) the Uklah General Plan does not apply to the vacation of said street, and the right-of-way vacated herein is not useful as a unmotorized transportation facility as defined in California Streets and Highways Code Section 156 (a facility designed primarily for the use of pedestrians, bicyclists or equestrians). ' 28 i · . 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 NOW, THEREFORE, the City Council of the City .Of Ukiah RESOLVES AND FINDS as follows: 1. A public hearing was conducted regarding the vacation of Hospital Drive between Orchard Avenue and Hamilton Street on June 15, 1994. 2. The vacation of a public right-of-way is made under the provisions of Section 8320 et. seq. of the State of California Streets and Highways Code. 3. The right-of-way vacated by this resolution is the street section referenced herein as that portion of Hospital Drive commencing at Orchard Avenue, and extending eight hundred (@00) feet westward to a point just east of Hamilton Street, and particularly described in Exhibit 'A,' attached hereto and incorporated herein. 4. From and after the date this Resolution is recorded, the street section described and depicted in Exhibit 'A' no longer constitutes public right-of-way or a street, and the property encompassed by said right-of-way is reverted to private ownership for the purpose of constituting a 117,162 square foot K-Mart store, consistent with City adoption of a Mitigated Negative Declaration (Resolution 94-47) and use permit approval (Resolution 94-48). PASSED AND ADOPTED this 15th day of June 1994, by the following roll call vote: AYES: Counc~lmembers Mastin, Malone and Mayor Schneiter NOES: None ABSTAIN: Counc:[ lmember Shoemaker ABSENT: Counci lmember 14attenburger ATTEST: Cath'y-M :K'a¢, Cityl~lerk Fred Schneiter, Mayor CITY CLERK city of Uklah, Calilornla Certified To Bo Af~ruo ~nd E>[nct ~ · ....,. ~ .-...:.'~, :.'. ;i..::.. - ~ ., ~ "{' ~+ · ." "3 .:.['" .'.. ' I_ ..",'g',z- - -'- -'.'~ '...' ': ." 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HOSPITAL DRIVE '.;. --- -- ~ STREET VACATION I <' ~'O=~'r'l // / / / /. / / i , ITEM NO. 6e DATE: December 3, 1997 AGENDA SUMMARY REPORT SUBJECT: AWARD OF MAINTENANCE SERVICE CONTRACTS TO MATT'S CUSTOM TREE CARE AND TO JOHNSON'S QUALITY TREE CARE FOR TREE PRUNING SUMMARY: The City distributed specifications through its formal bidding process to ten contractors. Six proposals were received and opened by the City Clerk on November 20, 1997. Staff has reviewed and identified the two most competitive bids: Matt's Custom Tree Care and Johnson's Quality Tree Care. Staff is requesting that the City Council award the bid to two contractors to allow flexibility in the event that one contractor is unable to meet the performance requirements of the City. The specifications clearly indicated that the City reserved the right to award more than one contract. If the proposals are awarded, compensation for the performance of the work will be based on the hourly rate bid for various tree pruning services. The Street Department has a budget of $10,000 for tree pruning in its leaf and tree control budget (Attachment 3). Approximately $6,800 remains in the fund after accounting for expenditures to date. Continued on Page 2 RECOMMENDED ACTION: Award the maintenance service contracts to Matt's Custom Tree Care and to Johnson's Quality Tree Care. ALTERNATIVE COUNCIL POLICY OPTIONS: Council may choose not to award the contracts thereby requiring City staff to seek competitive proposals for each and every tree pruning project throughout the year. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: 665-3170-250-000 (if budgeted) Rick Kennedy, Director of Public Works/City Engineer Seanor, Deputy Director of Public Works~a~:~. ~ Rick Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Bid Proposal from Matt's Custom Tree Care 2. Bid Proposal from Johnson's Quality Tree Care 3. Fiscal Year 1997/1998 Budget Sheet APPROVED:~,.._(~ Candace Horsley, Cit~ RJS:AGTREPRN.$UM Manager Page 2 December 3, 1997 Award of Maintenance Service Contracts to Matt's Custom Tree Care and to Johnson's Quality Tree Care for Tree Pruning Tree Pruning Bid Tabulation (per hour costs for three man crew including all equipment, clean-up, and debris removal) Contractor Emergency Tree Pruning Routine Tree Pruning Stump Removal Matt's Custom Tree Care Ukiah, CA $125.00 $84.00 $34.00 Johnson's Quality Tree Care Ukiah, CA $127.50 $85.00 $50.00 Lake Tree Design Nice, CA $120.00 $105.00 $3.50 per inch trunk diameter Marvin's Garden Tree Service Willits, CA $150.00 $144.00 $45.00 Timberlake Tree Service Ukiah, CA $165.00 $120.00 $68.00 Northcoast Tree Care $1,200.00 (day time)* $1,200.00' $1,200.00' Willits, CA $1,600.00 (night time) (day time) (daytime) *NOTE: Per clarification on November 21, 1997 from John Phillips of Northcoast Tree Care, his proposed cost for each service is $150.00 per hour. TREE PRUNING PROPOSAL FORM (this form must be completed, signed, and returned with the bid) Description 1. Tree pruning, emergency, response within 12 hours time including evenings, weekends, and holidays. Hourly Cost for a three man crew including all equipment, clean-up and debris disposal costs. 2. Tree pruning and/or tree removal, routine work. ~ ~ ~-. oo 3. Stump grinding. ~ ~'~, oc, The undersigned declares he is familiar with the items specified and has carefully checked all of the figures stated on the above TREE PRUNING PROPOSAL FORM and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): Individual Owner Padnership CorporatiOn Other Legal Name of Company: (Specify) City, State, Zip: Phone Number: (.-~0~'~ .4~2.-~J~q (iD (Signature) TREE PRUNING PROPOSAL FORM (this form must be completed, signed, and returned with the bid) Description 1. Tree pruning, emergency, response within 12 hours time including evenings, weekends, and holidays. 2. Tree pruning and/or tree removal, routine work. 3. Stump grinding. Hourly Cost for a three man crew including all equipment, clean-up and debris disposal costs. The undersigned declares he is familiar with the items specified and has carefully checked all of the figures stated on the above TREE PRUNING PROPOSAL FORM and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): Individual Owner Padnership Corporation Legal Name of Company: '"~-~i"~,'~ ~ c,~_~ Other (Specify) O-.__cz Ct. Phone Number: L-J g ~-- L.~ ["~, ~ By: ~ Dated: . ,~ Item No. 6 f Date: December 3. 1997 AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute Amendment No.1 to Contract No. 96-SNR-00110 between the City of Ukiah and the Western Area Power Administration relative to funding of Operation and Maintenance of Central Valley Power facilities. REPORT: Contract No. 96-SNR-00110 was approved by the Council at their regularly scheduled meeting of February 19, 1997 and executed by the Mayor. This contract between the City of Ukiah and the Western Area Power Administration provides for participating customers to fund needed operations and maintenance requirements of the Central Valley Power facilities. Amendment No. 1 to this contract would remove Article 37.2 of the General Power Contract Provisions which states,"Unless otherwise provided by legislation, any successor to Western shall be subject to all the provisions and conditions of the contract to the same extent as though such successor were an original signatory to the contract." When this contract was executed, the Power Marketing Agencies were being considered for sale by congress. This provision was included to ensure that all contracts with Western would continue as executed. However, with the establishment of the Independent System Operator (ISO) under AB 1890 transmission would be placed under the control of the ISO. Therefore, the customers are requesting that Article 37.2 be removed from the original contract. Since the City of Ukiah does not have a transmission agreement with Western, execution of this amendment would not affect our operations. Therefore, staff recommends that the Mayor be authorized to execute this amendment. RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to contract No. 96-SNR-00110 between the City of Ukiah and the Western Area Power Administration. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Amendment No. 1 APPROVED:L-(~___~ Candace Horsley, ~ity~anager UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA ADMINISTRATION SIERRA NEVADA REGION 114 PARKSHORE DRIVE FOLSOM, CALIFORNIA 95630-4710 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID PACIFIC REGIONAL OFFICE 2800 COTTAGE SACRAMENTO, CALIFORNIA 95825-1890 Mr. Darryl L. Barnes Public Utilities Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 October 21, 1997 Dear Mr. Barnes: On September 4, 1997, the Western Area Power Administration (Western) sent a letter to all Central Valley Project (CVP) customers regarding the deletion of Article 37.2 of the General Power Contract Provisions (GPCP) from Contract No. 96-SNR-O0110 (Agreement) for customer participation in the funding of Operation and Maintenance (O&M) of the CVP power facilities. No negative responses to that letter have been received, therefore, it is the intent of Western and the Bureau of Reclamation (Reclamation) to move forward with the process. Enclosed for your signature are three (3) copies of Amendment No. 1 to Contract No. 96-SNR-00110 for the funding of OgrdVI for CVP power facilities. This Amendment No. 1 provides for deleting Article 37.2 of the GPCP. Western and Redamation plan to execute those Agreements that have been signed by the customers as soon as practicable. Upon signature by Western and Reclamation, the 60-day countdown will begin to establish the Governance Board. We would like to form the Governance Board to begin review of the program funding for Fiscal Year 2001. We would encourage you to sign the Amendment No. 1 at your earliest convenience if you want to delete GPCP Article 37.2 and the terms of the Amendment No. 1 are acceptable. Please sign and date all three (3) originals, have the signatures attested, apply the appropriate seal if applicable, and return all three (3) originals to Peggy Muir, N6205, at this office. Upon signature by Western and Reclamation an executed original of the Agreement and Amendment No. 1 will be sent to you for your records. Page 2 If you have any questions regarding Amendment No. 1, please contact Bob Cheskey at (916) 353-4482 or Vicki Page at (916) 353-4561. Sincerely, ~:~"""~A. cting Regno' n'al Manager Western Area Power Administration Sierra Nevada Region Roger K./Patte~so}t - Regional Director Bureau of Reclamation Mid-Pacific Region Enclosure 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 Amendment No. 1 Contract No. 96-SNR-00110 CONTRACT AMENDMENT TO THE AGREEMENT FOR THE FUNDING OF OPERATION AND MAINTENANCE FOR CENTRAL VALLEY PROJECT POWER FACILITIES 1. This Contract Amendment No. 1, to be effective under and as a part of Contract No. 96-SNR-00110 (Primary Contract or Agreement), shah become effective on ,199_ and shah remain in effect concurrently with the term of the Agreement. 2. MO1)IFICATION TO SECTION 16 OF THE PRIMARY CONTRACT: Section 16 of the Primary Contract is hereby deleted, and the following substituted therefor: "16. GENERAL POWER CONTRACT PROVISIONS: Articles 1, 28, 29, and 31 through 37.1 and 38 through 43 of the General Power Contract Provisions, effective August 15, 1995, attached hereto, are hereby made a part of this Agreement, the same as if they had been expressly set forth herein." 3. PRIMARY CONTRACT TO REMAIN IN EFFECT: Except as expressly modified by the Amendment, said Primary Contract shah remain in full force and effect; and this Amendment shall be subject to aH provisions of the Primary Contract except as herein amended. 4. EXECUTION IN COUNTERPART: This Amendment may be executed in a number of counterparts and shah constitute a single document with the same force and effect as if each Party had signed all other counterparts. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this amendment on behalf of the Party for whom they sign. Western Area Power Administration By: Title: Regional Manauer Address: 114 Parkshor~ Driv~ F01~0m, CA 95630 Bureau of Reclamation By: Title: Regional Director Address: Mid-Pacific Ret, ion 2800 Cottage Way Sacramento. CA 95825 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amendment No. 1 Contract No. 96-SNK-00110 IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Amendment on behalf of the Party for whom they sign. City of Ukiah (Seal) By: Attest: Title: By: Address: Title: ITEM NO. 6q DATE: DECEMBER 3, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION CLARIFYING AND RESTATING THE LANDFILL HOURS WHICH ARE APPLICABLE TO THE COMMERCIAL HAULERS REPRESENTING NEW SERVICE AREAS Submitted for the City Council's consideration and adoption is a resolution which, if approved and adopted, would clarify and restate the City's current policy concerning the hours the landfill is open to commercial solid waste collectors/haulers serving the cities of Fort Bragg and VVillits and the adjacent unincorporated areas of the County of Mendocino who were not directing their solid waste to the Ukiah Landfill prior to September 1, 1997. Miles T. Crail and Gilbert and Marjorie Ashoff petitioned the Mendocino County Coordinated Courts for sanctions and a preliminary injunction prohibiting the landfill to be open to commercial solid waste haulers on Monday and requiring the City to enforce an adopted mitigation which prohibited the use of the landfill by new commercial haulers prior to 8:00 a.m. even though the new project truck traffic noise did not cause the exceedence of a significant noise threshold of 5.0dB. The sanctions and preliminary injunction motions were denied. However, the denial for an injunction in regards to the eady entry of new commercial haulers was made without prejudice because the City acknowledged that the non-observance of the 8:00 a.m. opening to new commercial haulers which occurred the first two weeks of September was the result of miscommunications and that the 8:00 a.m. restriction was being stdctly enforced. The Court noted that any further early entry to the landfill by the new haulers would result in an injunction. The Court also noted that the City Attorney represented to the Court that he would request the City Council to approve and adopt a resolution acknowledging the prohibition of entry to the landfill by the commercial haulers from the new service area prior to 8:00 a.m. RECOMMENDED ACTION: Pass and adopt the Resolution Clarifying Landfill Hours Application to New Commercial Haulers who Utilize the Ukiah Landfill after September 1, 1997. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A David J. Rapport, City Attorney Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolution 2. Court Ruling APPROVED: ~(~ ~~'~,... Candace Horsley, City nager R:I\PW:kk ALANDF2.WPD RESOLUTION NO. 2 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CLARIFYING LANDFILL HOURS APPLICABLE TO NEW COMMERCIAL HAULERS WHO UTILIZE THE UKIAH LANDFILL AFTER SEPTEMBER 1, 1997 WHEREAS, the Local Enforcement Agency has issued a Revised Facilities Permit to the City of Ukiah for the Ukiah Landfill which permits the receipt of solid waste from the cities of Fort Bragg and Willits and the adjacent unincorporated 8 9 10 11 areas of the County of Mendocino (new service area); and WHEREAS, the City Council of the City of Ukiah certified a Final ~ironmental Impact Report (FEIR) which analyzed the impacts to the environment 12 :hat may result by reason of the acceptance of additional solid waste at the Ukiah 13 Landfill; and WHEREAS, a mitigation requiring the receipt of solid waste from the new 15 service areas to occur after 8:00 a.m. was adopted even though the project related 17 truck traffic noise did not cause an exceedence of noise over the significance 18 threshold of 5.0 dB; and 19 WHEREAS, the Ukiah City Council seeks to clarify and restate its policy 20 21 22 23 24 prohibiting commercial haulers from the new service area from entering the landfill prior to 8:00 a.m., Monday through Saturday. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah restates its and clarifies that the permitted or franchised Solid Waste Collection/Haulers :2,5 for the cities of Fort Bragg and Willits and the adjacent unincorporated areas of 26 Mendocino County who were not previously directing their solid waste to the Ukiah 27 Landfill prior to September 1, 1997, (new service area) shall be prohibited from 28 utilizing the Ukiah Landfill prior to 8:00 a.m. Monday through Saturday. 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 PASSED AND ADOPTED this roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST' Colleen B. Henderson, City Clerk B:I~RES1 LANDF2.HR$ day of December, 1997, by the following .,, Sheridan Malone Mayor 11-18-1997 03:01PM FROM RAPPORT & MARSTON TO 94636204 P.02 NoV 1997, . M~-r~bOCINO SUPERIOR C,O~RK, ·. MENDOC~O COUNTY COORDINATED COURTS STATE OF CALIFORNIA MILES T. CRAIL, GILBERT ASHOFF~ MARJORIE ASHOFF, dba VICHY SPRINGS RESORT, Petitioners, Ca~e No. CV77502 RULING DENYING SANCTIONS AND PRELIMINARY INJUNCTION CITY OF UKIAH, MENDOCINO DEPARTMENT OF ENVIRONMENTAL HEALTH, CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, and DOES 1 TO 5, inclusive, Respondentz. In this action, Petitioners have brought two motiOns and a request to strike protions of the declaration of Rich Kennedy. , In regard to thc latter issue, the court will strike:' thc portions of the Kennedy .. declaration objected to by Petitioner. The first motion is for sanctions under Section 128.7 of the Code of Civil Procedure. The court finds that the aforementioned section is not applicable the allegations of this case; therefore, the motion is denied. Thc second motion is for a preliminary injunction. That motion is likewise denied. The court finds ~at a preliminary injunction shOuld not issue because Petitioners 11-18-1997 03:02PM FROM RAPPORT & MARSTON TO 94636204 P.03 have little chance of prevailing on the merits of this case. The court believes that the permit in question and the conditions contained therein were part of the original project for which the EIR was approved. No further notice or an EIR were required when the LEA.approved the City's proposal to open the landfill to commercial haulers on Monday. · There was some discussion at the heating on the preliminary injunction regarding the entry of commercial haulers to the landfill before 8 a.m. on Mondays. It was represented to the court that the City is aware of the 8 a.m. time restriction and that if any haulers were admitted earlier than 8 a.m. it was a mistake. Since this does not appear to be a continuing problem, the court will not issue an injunction in regards to the early entry. However, this denial is without prejudice to Petitioners and further early entry to the landfill will result in an injunction. Additionally, it Was represented by counsel for the City of Uldah that he would seek a resolution fxom the City Council acknowledging the prohibition of entry to the landfill by .commercial haulers prior to 8 a.m,, correcting Resolution 98-06 passed and adopted by the City Dated: November 14, 1997 ~RIc LAI~O~e'ITZ Judge of the Mendoeino ~yCoordinated Courts o. AGENDA SUMMARY ITEM NO. 6h DATE: DECEMBER 31 1997 REPORT SUBJECT: ACCEPT THE WORK PERFORMED BY FERRANTI CONSTRUCTION AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION FOR TRAFFIC CALMING MEASURES ON CLARA AVENUE AND FORD STREET, SPECIFICATION NO. 97-05 On October 15, 1997 the City Council awarded a unit price contract to Ferranti Construction in the amount of $16,490.00 for Traffic Calming measures on Clara Avenue and Ford Street. The work of the contract was completed on November 6, 1997, in substantial conformance with the approved plans, specifications and one Contract Change Order. The total contract cost of the base contract before change orders was $14,724.00. This amount is based on actual measurements of the contract items completed. The change order was issued for an estimated total of $1,900.00. The estimated cost of change order work was within the limits established for routine change orders under Policy CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. City Council accept the work as complete, and direct the Deputy City Clerk to file the Notice of Completion with the County Recorder for Construction of TRAFFIC CALMING MEASURES ON CLARA AVENUE AND FORD STREET. ALTERNATIVE COUNCIL POLICY OPTIONS: None Acct. No. (if NOT budgeted): Acct. No.: 301-9827-250-000 Appropriation Requested: N/A Budgeted $28,000.00 as revised Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Larry J. Woods, Senior Civil Engineer 463-6284 ;~,~ Coordinated with: Candace Horsley, City Manager Rick H. Kennedy, Director of Public Works/City Engineer Attachments: 1. Notice of Completion 2. Final Payment APPROVED: Candace Horsley, C~'ty I~anager CONTINUED FROM PAGE 1 Resolution Number 13 (10% of the original contract sum or $5,000.00, whichever is greater). The total of all contract costs, including both base cost and change order cost, was $16,624.00. The Final Payment of retention, in the amount of $73.00, will be made to the Contractor 30-days after the Notice of Completion is filed with the County Recorder. This completes the contract work for the bugeted Traffic Calming measures. The remaining funds allocated for this project are to be spent on materials, supplies, and fees required to complete the Traffic Calming measures. c:~projects\Streets\Clarford~asr-noc9 Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: o That the real property described is owned by the following whose address or addresses are: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 . That the nature of the title to the TRAFFIC CALMING MEASURES ON CLARA AVENUE AND FORD STREET, SPECIFICATION NO. 97-05, of all said owners is that of fee simple. 3. That on the day of November 6, 1997, the Contractor was actually completed. o That the name and address of the Contractor is FERRANTI CONSTRUCTION. P. O. BOX 259, Redwood Valley, CA 95470 ° That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as City-owned property located within street right of way on Clara Avenue and on Ford Street. CITY OF UKIAH, a Municipal Corporation BY: DEPUTY CITY CLERK STATE OF CALIFORNIA) COUNTY OF MENDOCINO) MARGE GIUNTOLI, being duly sworn says: That she is the Deputy Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows that content thereof and the same is true of her own knowledge. MARGE GIUNTOLI, Deputy City Clerk Subscribed and sworn to before me this ~ day of ,1997. Notary Public in and for the County of Mendocino, State of California c:~projects~streetsl~clarforcl~oti-com.wpd CITY OF UKIAH, ENGINEERING DMSION FINAL PAYMENT FOR TRAFFIC CALMING MEASURES ON CLARA AVENUE AND FORD STREET SPECIFICATION NO. 97-05 CONTRACTOR: FERRANTI CONSTRUCTION PURCHASE ORDER: 30223 P.O. BOX 259 ACCOUNT NO. 301-9827-250-000 REDWOOD VALLEY, CA 95470 WORK COMPLETED AS OF 11/06/97 BID ITEM NO. QUANTITY UNIT DESCRIPTION % COMPLETE ACTUAL QUANTITY UNIT PRICE AMOUNT 1 220 LF SAWCUT ASPHALT CONCRETE 100 252 $2.00 $504.00 2 1156 SQFT REMOVE ASPHALT CONCRETE 100 884 $2.00 $1,768.00 AND BASE 3 75 LF CONSTRUCT 12" MODIFIED TYPE 100 56 $20.00 $1,120.00 Al-6 CURB 4 137 LF CONSTRUCT 18" MODIFIED TYPE 100 137 $22.00 $3,014.00 iA1-6 CURB 5 77 LF CONSTRUCT 18" MODIFIED TYPE 100 56 $26.00 $1,456.00 A2-6 CURB AND GUTTER 6 69 LF CONSTRUCT TYPE A ASPHALT 100 69 $22.00 $1,518.00 DIKE 7 326 SQFY RECONSTRUCT STREET SECTION 100 290 $10.00 $2,900.00 8 110 LF REMOVE STREET STRIPING 100 110 $8.00 $880.00 9 1 LUMP SUM CONSTRUCT 3/4" WATER SERVICE 100 1 $860.00 $860.00 10 1 EACH RAISE SANITARY SEWER 100 1 $560.00 $560.00 MANHOLE 11 3 EACH FURNISH AND INSTALL TYPE K-2 100 3 $48.00 $144.00 OBJECT MARKERS TOTAL ORIGINAL CONTRACT WORK TOTAL CHANGE ORDER WORK (Contract Change Order # 1, Item # 2) TOTAL WORK COMPLETED LESS 10% RETENTION LESS PREVIOUS PAYMENT TOTAL AMOUNT DUE THIS PAYMENT $14,724.00 $1,900.00 $16,624.00 $0.00 $16,551.00 $73.00 PREPARED BY: RECOMMENDED FOR PAYMENT: Rick Sands DATE ENGINEERING ASSOCIATE Larry J. Woods DATE SENIOR CIVIL ENGINEER DEPARTMENT APPROVAL: Rick H. Kennedy DATE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AGENDA SUMARY DATE: Sa ITEM NO. December 3, 1997 REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE CITY OF UKIAH ZONING MAP TO REZONE TWELVE (12) PARCELS OF LAND SUMMARY: This proposed rezoning project has been initiated by staff to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. These parcels were inadvertently missed during the 1996/1997 General Plan Rezoning program, and need to be rezoned to achieve consistency between the City zoning map and General Plan land use map. After careful analysis of the parcels and their surrounding land uses, staff and the Planning Commission have concluded that the General Plan land use designations are appropriate, and therefore recommend that the properties be rezoned to the corresponding zoning classifications. The proposed project involves the rezoning of twelve (12) parcels of land. These parcels have been separated into three (3) groupings to organize the analysis of the proposed rezonings. (continued on page 2) RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce by title only the Ordinance amending the City Zoning Map to rezone twelve (12) parcels of land. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not 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: 1. 2. 3. 4. 5. Ordinance rezoning the twelve (12) parcels of land. Location Map Planning Commission Staff Report, dated November 12, 1997 Planning Commission minutes, dated November 12, 1997 Correspondence received from neighboring property owners APPROVED: Candace Horsley~'-C~ Manager AP Number Location Existing Land Use Existing and Proposed Zoning Group #1: 700-748 Oak Street; west side of Oak Single and multiple 001-304-2, 3, 5, Street between Mill family residences R-3 / R-2 7, 9, 12, 16, 17, Street and Gobbi 18 Street Group #2: 959 Oak Street; adjacent to and west Large single family C-1 / R-2 002-114-69 of the Wright Stuff residential structure Pizzadrome Group #3: Single family residence 302 West Henry Street converted to professional C-1 / R-J 002-175-05, 06 and 460 Oak Street offices; plant nursery Group #1 This group involves nine (9) parcels situated along the west side of Oak Street between Mill Street and Gobbi Street. They are developed with multifamily and single family residential structures. The General Plan designates them as MDR (Medium Density Residential), while the current zoning is "R-3" (General Multiple Residential). This necessitates the rezoning of the parcels to the "R-2" (Multiple Family Residential) classification. The area is comprised of a variety of land uses and densities of development. It is an area of transition between predominantly commercial land uses to the east and single family residential development to the west. Based upon the close proximity of the single family residential parcels to the west and north, the Planning Commission determined that the existing "R-3" zoning classification for the subject parcels is inappropriate. They concluded that the "R-2" classification for these lots better captures the transitional nature of this stretch of Oak Street, and would be more compatible with the adjacent well established single family residential neighborhood. Planning Commission Hearing and Recommendation: No one was present to address the Planning Commission during their public hearing on Group #1. After careful discussion, the Planning Commission unanimously agreed with staff's recommendation, and is recommending that the City Council rezone the parcels from "R-3" to "R-2." Group #2 This parcel is located at 959 Oak Street, and is currently developed with a large single family residential structure. It is surrounded by commercial development to the east and north; and Iow and medium density residential development to the west and south. The General Plan designates this parcel as "MDR" (Medium Density Residential), while the current zoning is "C-1" (Light Commercial). This necessitates the rezoning of the parcel to the "R-2" zoning classification to achieve consistency with the General Plan. The parcel is uniquely situated between high intensity commercial development and Iow to medium density residential development. The zoning on the adjacent and surrounding parcels reflects this circumstance by assigning both the "R-I" and "C-1" zoning classifications. The Planning Commission determined that the "R-2" zoning classifications makes sense for this parcel given its relationship with the commercial parcels to the east, and its close proximity to the Iow and medium residential density developed parcels to the west and south. Planning Commission Hearing and Recommendation: A number of neighboring property owners addressed the Planning Commission on Group #2. The majority of their comments concerned the unrelated topic of zoning code enforcement issues associated with the property, rather than on the merits of the proposed rezoning (see attached correspondence). The Planning Commission tactfully separated the issues, and after considerable dialogue, agreed with staff's recommendation, and is recommending that the City Council rezone the parcel from "C-1" to "R-2." Group #3 This group is comprised of two (2) developed parcels located along the west side of Oak Street between Morris Street and Henry Street. The General Plan designates these parcels as LDR (Low Density Residential), while the current zoning is "C-1" (Light Commercial). This necessitates the rezoning to "R-I" (Single Family Residential) to achieve consistency with the General Plan. The first parcel, situated on the northwest corner of Oak and Henry Streets, totals approximately .7 acres. It is developed with a large older residential structure that has been converted and used as professional office space for many years. Single family residential development is adjacent to the west; a church is located on the property adjacent to the south; and a professional office building (converted single family home) is situated across Oak Street to the east. The second parcel, situated adjacent to and north of the first parcel is developed with a small commercial plant nursery. It also has single family residential development to the west, as well as to the north. A single family residential structure converted to professional office space is situated across Oak Street to the east. According to the General Plan, the parcels are located along the dividing line between the State Street commercial corridor to the east, and the single family residential development to the west. Spatially, the subject parcels function more as a part of the residential neighborhood to the west than they do with the commercially developed parcels to the east. Amending the General Plan and maintaining the commercial zoning classification would produce an anomaly in the zoning pattern for the area, and would cause an irregular extension of the commercial corridor into the residential neighborhood. The existing "C-1" zoning could potentially allow the establishment of land uses that would be incompatible with the single family residences in the area. These incompatible commercial land uses could adversely impact the health, safety, and general welfare of the surrounding neighborhood, and degrade the integrity of the nearby Iow density residential area. Planning Commission Hearing and Recommendation: The property owner was represented by Attorney Frank Bacik at the Planning Commission meeting. Mr. Bacik expressed the opinion that because of the "mixed" nature of land uses in the vicinity of the subject parcels, that the "C" (Commercial) General Plan land use designation and corresponding "C-1" zoning classification were most appropriate. He opined that the "LDR" (Low Density Residential) was arbitrarily assigned by the General Plan, and that the "R-I" zoning classification was inappropriate, and did not advance a legitimate City concern or goal. On behalf of the property owner, Mr. Bacik requested that the "C-1" zoning be retained, or as an alternative, that the "C-N" (Neighborhood Commercial) zoning classification be assigned to the parcels. He suggested that the "C-N" zoning makes sense because of its intent to provide for Iow intensity commercial and residential land uses. Staff and the Planning Commission respectfully disagreed with Mr. Bacik. As noted in the staff report, the site is uniquely situated on the dividing line between predominantly commercial parcels to the east and single family residential parcels to the west. While there are a variety of Iow intensity land uses in the area, such as professional offices converted from single family homes, single family residences, a church, etc., it was the opinion of the Planning Commission that the subject parcel is more functionally and geographically connected to the single family residential neighborhood to the west than it is to the commercial parcels to the east. The Planning Commission disagreed with Mr. Bacik's claim that the proposed rezoning was arbitrary and illogical. They found the contrary to be true; that based upon the goal of the General Plan to preserve well-maintained single family residential neighborhoods, and the fact that the subject parcels are situated at the beginning of a predominantly single family residential neighborhood, the "LDR" General Plan land use designation and corresponding "R-I" zoning classification were reasonable and appropriate. They found further that the proposed rezoning would clearly advance the General Plan's goal of preserving the integrity of single family residential neighborhoods. Regarding the suggestion to apply the "C-N" zoning classification, the Planning Commission felt that it would be inappropriate because only two (2) parcels are involved, and because the site and surrounding immediate area do not have a distinct commercial quality, such as the Dora Street neighborhood commercial corridor. CONCLUSIONS: The newly adopted City General Plan provides new land use designations for a number of properties in the community. The purpose of redesignating some properties is to acknowledge and protect important existing land uses, and to help facilitate the evolution of land uses that have become out of context with their surroundings. Staff has analyzed the subject parcels and surrounding land uses, as well as the criteria contained in the General Plan for designating land uses, and has concluded that the assigned land use designations are logical and appropriate. Accordingly, we have concluded further that the corresponding zoning classifications are proper, and that they advance a legitimate City purpose, which is to preserve the integrity of the neighborhoods surrounding the parcels. 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 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 12 parcels of land (REZ 97-40). Specifically, the City Zoning Map is amended to rezone 1 parcel from C-1 to R-2; 2 parcels from C-1 to R-l; and 12 parcels from R-3 to R-2; The listing of the specific parcels involved in this rezoning action is attached as Exhibit "A." SECTION TVVO 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 City General Plan. SECTION THREE These rezoning actions are reasonable and appropriate because they advance the Ukiah General Plan goal of preserving the integrity of existing stable neighborhoods in the community. SECTION FOUR This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Ordinance No. (REZ 97-40) Page I of 3 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 FIVE This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on December 3, 1997, 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. (REZ 97-40) Page 2 of 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" Rezoning 97-40 Assessor Parcel Number Location Existing Zoning New Zoning Group #1: 700-748 Oak Street; 001-304-2, 3, west side of Oak R-3 R-2 5, 7, 9, 12, 16, Street between Mill 17, 18 Street and Gobbi Street Group #2: 959 Oak Street; 002-114-69 adjacent to and west C-1 R-2 of the Wright Stuff Pizzadrome Group #3: 302 West Henry 002-175-05, 06 Street and 460 Oak C-1 R-1 Street Ordinance No. (REZ 97-40) Page 3 of 3 GENERAL PLAN REZONING 97-40 CENTER it: Ill GROUP #2 "MDR Land Use Designation / Proposed Rezoning from "C-1" to "R-2" GROUP #3 "LDR" Land Use Designation / Proposed Rezoning from "C-1" to "R-I" tStt lilt I11 tilt GROUP #1 "MDR" Land Use Designation / Proposed Rezoning from "R-3" to "R-2" C P  YOKA YO ZCHOOL R CITY OF UKIAH PLANNING REPORT AGENDA ITEM: DATE: 7B. 11-12-97 DATE: TO: FROM: SUBJECT: November 12, 1997 City of Ukiah Planning Commission City of Ukiah Planning Department General Plan Rezoning 97-40 PROJECT SUMMARY: This proposed rezoning project has been initiated by staff to bring the zoning classifications on a number of parcels into conformance with their General Plan land use designations. These parcels were inadvertently missed during the 1996/1997 General Plan Rezoning program, and need to be rezoned to achieve consistency between the City zoning map and General Plan land use map. After careful analysis of the parcels and their surrounding land uses, staff has concluded that the General Plan land use designations are appropriate, and therefore recommends that the properties be rezoned to the corresponding zoning classifications. This project is quasi-legislative in nature and does not require City Planning Commissioners to visit the site prior to formulating a recommendation to the City Council. PROJECT LOCATION: (see Project Description table below) DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend City Council APPROVAL of the proposed Rezoning project. ENVIRONMENTAL DOCUMENTATION: The rezoning of the subject parcels was analyzed in the Initial Study for the General Plan Rezoning Program. The City Council adopted a Negative Declaration for that program, and therefore compliance with the requirements of CEQA for this proposed rezoning action have been achieved. GENERAL PLAN AND ZONING DESIGNATIONS: The subject parcels have been separated into three (3) groupings: Group #1: "MDR" General Plan Land Use Designation / Proposed "R-2" zoning classification. Group #2: "MDR" General Plan Land Use Designation / Proposed "R-2" zoning Classification. Group #3: "LDR" General Plan Land Use Designation / Proposed "R-I" zoning Classification. PUBLIC NOTIFICATION: All directly affected and surrounding property owners (within 300 feet) received a public notice and location map of the proposed Rezoning project. Additionally, a legal notice was published in the Ukiah Daily Journal as required by the Ukiah City Code. PROJECT DESCRIPTION: The proposed project involves the rezoning of twelve (12) parcels of land to be consistent with their General Plan Land Use designations. AP Number Location Existing Land Use Existing and Proposed Zoning #1: 001-304-2, 700-748 Oak Street; 3, 5, 7, 9, 12, west side of Oak Single and multiple 16, 17, 18 Street between Mill family residences R-3 / R-2 Street and Gobbi Street #2:002-114-69 959 Oak Street; adjacent to and west Medium density C-1 / R-2 of the Wright Stuff residential structure Pizzadrome #3: 002-175-05, 302 West Henry Street Single family residence 06 and 460 Oak Street converted to professional C-1 / R-1 offices; plant nursery STAFF ANALYSIS I DISCUSSION' The subject parcels have been separated into three (3) groupings to organize the analysis of the proposed rezonings. Group #1: This group involves nine (9) parcels situated along the west side of Oak Street between Mill Street and Gobbi Street. They are developed with multifamily and single family residential structures. The General Plan designates them as MDR (Medium Density Residential), while the current zoning is "R-3" (General Multiple Residential). This necessitates the rezoning of the parcels to the "R-2" (Multiple Family Residential) classification. ZONING DISTRICT R-2 (Multiple Family) R-3 (General Multiple) DENSITY 1 unit per 3,000 sq. ft. (14 units per acre) 1 unit per 1,500 sq. ft. (29 units per acre) TYPICAL LAND USES single family & duplex dwellings, apartment dwellings dense dwellings groups, apartment buildings, mobile home parks Analysis: Eight (8) of the nine (9) parcels are developed with single family residences on medium to large sized lots. The ninth parcel is developed with an apartment complex. Surrounding land uses include high density apartments to the south, commercial and residential development to the east, and single family residential development to both the west and north. The high density apartments to the south are designated MDR in the General Plan and zoned "R-2." The commercial and residential parcels to the east are zoned "C-1" and "R-3," and the single family residential parcels to the west and north are designated LDR and zoned "R-I." The area is comprised of a vadety of land uses and densities of development. It is an area of transition between predominantly commercial land uses to the east and single family residential development to the west. Based upon the close proximity of the single family residential parcels to the west and north, it has been deterTnined that the existing "R-3" zoning classification for the subject parcels is inappropriate. The "R-2" classification for these lots better captures the transitional nature of this stretch of Oak Street, and would be more compatible with the adjacent well establisheo single family residential neighborhood. ~t would also, from a land use patteming standpoint, provide consistency with the classification of the parcels to the south. Additionally, the single family residential parcels in this group are larger than those to the west, and offer the potential for "R-2" type development. The existing apartment complex appears to be developed to the "R-3" density, and is generally consistent with the existing high density development to the south. However, because of its close proximity to the well established single family residential neighborhood to the west, it is a legitimate candidate for a less intense zoning classification to allow the possible 'transition" to a less dense development in the future. This would advance the General Plan's direction to preserve and enhance established and well-maintained single family residential neighborhoods. Accordingly, staff finds the "MDR" General Plan Land Use Designation for these Oak Street parcels reasonable and appropriate, and further that the corresponding "R-2" zoning classification is logical and proper. Group #2: This parcel is located at 959 Oak Street, and is currently developed with a medium density residential structure. It is surrounded by commercial development to the east and north; Iow and medium density residential development to the west; and single family residential development to the south. The General Plan designates this parcel as "MDP," (Medium Density Residential), while the current zoning is "C-1" (Light Commercial). This necessitates the rezoning of the parcel to the "R-2" zoning classification to achieve consistency with the General Plan. ZONING DISTRICT R-2 (Multiple Family) C-1 (Light Commercial) DENSITY 1 unit per 3,000 sq. ft. (14 units per acre) None unless residential proposed: I unit per 1,500 sq. ff. (29 units per acre) TYPICAL LAND USES Single family & duplex dwellings, apartment dwellings Retail commercial, restaurants, commercial services, apartment buildings, etc. Analysis: The parcel is uniquely situated between high intensity commercial development and Iow to medium density residential development. The zoning on the adjacent and surrounding parcels reflects this circumstance by assigning both the "R-l" and "C-1" zoning classifications. The subject property has two (2) points of access. The first is off of Oak Street, which was controversial with nearby single family residential property owners in a past development proposal for the property. The second is via a 20-foot wide access easement from State Street, which traverses the adjacent commercially developed parcel to the east. With this access, the parcel has a direct functional and geographic relationship with the more intensely developed commercial parcels along State Street than it does with the residential parcels to the west. It has been determined that the "R-2" zoning classifications makes sense for this parcel given its relationship with the commercial parcels to the east, and its close proximity to the Iow and medium residential density developed pa;cels to the west. Moreover, with alternative access being developed off of State Street, the future development of the property to the "R-2" density, if designed properly, could be compatible with, and provide an acceptable transition to the surrounding residential land uses to the west and south. Accordingly, staff finds the "MDR" General Plan Land Use Designation for this Oak Street parcel reasonable and appropriate, and further that the corresponding "R-2" zoning classification is logical and proper. Group #3: This group is comprised of two developed parcels located along the west side of Oak Street between Mords Street and Henry Street. The General Plan designates these parcels as LDR (Low Density Residential), while the current zoning is "C-1" (Light Commercial). This necessitates the rezoning to "R-l" (Single Family Residential) to achieve consistency with the General Plan. ZONING DISTRICT DENSITY TYPICAL LAND USES R-1 (Single Family Residential) I unit per 6,000 sq. ft. (7 units Single family dwellings. per acre) C-1 (Light Commercial) None unless residential proposed: I unit per 1,500 sq. ft. (29 units per acre) Retail commercial, restaurants, commercial services, apartment buildings, etc. Analysis: The first parcel, situated on the northwest comer of Oak and Henry Streets, totals approximately .7 acres. It is developed with a large older residential structure that has been converted and used as professional office space for many years. Single family residential development is adjacent to the west; a church is located on the property adjacent to the south; and a professional office building (converted single family home) is situated across Oak Street to the east. The second parcel, situated adjacent to and north of the first parcel is developed with a small commercial plant nursery. It also has single family residential development to the west, as well as to the north. A single family residential structure converted to professional office space is situated across Oak Street to the east. According to the General Plan, the parcels are located along the dividing line between the State Street commercial corridor to the east, and the single family residential development to the west. Spatially, the subject parcels function more as a part of the residential neighborhood to the west than they do with the commercially developed parcels to the east. Amending the General Plan and maintaining the commercial zoning classification would produce an anomaly in the zoning pattern for the area, and would cause an irregular extension of the commercial corridor into the residential neighborhood. The existing "C-1" zoning could potentially allow the establishment of land uses that would be incompatible with the single family residences in the area. These incompatible commercial land uses could adversely impact the health, safety, and general welfare of the surrounding neighborhood, and degrade the integrity of the nearby Iow density residential area. Based upon review of the General Plan, and an analysis of the parcels and the surrounding neighborhood, staff has detormined that the "LDR" General Plan Land Use De,.:!gnation and corresponding "R-I" zoning classification are reasonable and appropriate, and cleady advances the General Plan's goal of preserving the integrity of single family residential neighborhoods. CONCLUSIONS: The newly adopted City General Plan provides new Land Use Designations for a number of properties in the community. The purpose of redesignating some properties is to acknowledge and protect important existing land uses, and to help facilitate the evolution of land uses that have become out of context with their surroundings. Staff has analyzed the subject parcels and surrounding land uses, as well as the cdteda contained in the General Plan for designating land uses, and has concluded that the assigned Land Use Designations are logical and appropriate. Accordingly, we have concluded further that the corresponding zoning classifications are proper, and that they advance a legitimate City purpose, which is to preserve the integrity of the neighborhoods surrounding the parcels. ATTACHMENTS: 1. Draft Ordinance rezoning the subject parcels 2. Project(s) Location Map 3. General Plan Land Use Designation Map ACKNOWLEDGMENTS: The following personnel prepared and reviewed this Planning Report, respectively: deS., ,~p~r*/~/er Bob Sawyer, 171anning Director 7B. Rezoninq Project 97-40, as filed by the City Planning Department, to rezone thc following parcels from "R-3" (General Multiple) to "R-2" (Multiple Family); 001-304-02, 3, 5, 7, 9, 12, 16, 17, and 18 located at 700-748 Oak Street, along the west side of Oak Street between Mill Street and Gobbi Street; also, the following parcel from "C-1" (Liqht Commercial) to "R-2:" 002-114-69 located at 959 Oak Street, adjacent to and west of the Wright Stuff Pizzadrome; and finally, the following parcels from "C-1" to "R-I" (Single Family Residential): 002-175-05 and 06 located at 302 West Henry Street and 460 Oak Street. Senior Planner Stump advised this rezoning project is part of an ongoin! Map into consistency with the City's new General Plan. He reviewed are as follows: the Zoning Iroupings, which Group #1' Group #2: Group #3: "MDR" General Plan Land Use De Classification. "MDR" General Plan Land Use Di Classification. "LDR" General Plan Land Use Classification. ation / P~ "R-I" Zoning He recommended the Commission begin with dis~ parcel located at 959 Oak Street, which is structure surrounded by commercial develo residential development to the west; and )n relati with nor No. 2, regarding a density residential ow and medium density 4opment to the south. Commissioner Correll disclosed relative to whether he should be all~ the Chamber, the Commission the decisions made re audience if so chose. mt on th{ ';orrell w, area. Following discussion roject, or recuse himself entirely from not significantly gain financially from to the project as a member of the Mr. C~ at 8:00 p.I assumed a position as a member of the audience Chairman various be bad on ti noting she had carefully read the letters submitted by their concern relative to rewarding what they perceived to Ihbor, and their attempts to deal with this issue. Mr, clarified the n communication rrent use of the staff is application had been initiated by Planning staff, although they had the property owner, and that the rezoning was a separate issue from and was not connected in any way to the activities on the site. He process of an aggressive investigation of the site relative to potential owner has indicated he will cooperate in a review of the property, which morrow morning. Staff will, however, file for an administrative search warrant, investigate what may be violations of the municipal code. He further stated he felt it necessary to clarify statements contained within the correspondence received regarding the project. Staff is aware that the City Council denied the property owner the ability to construct a duplex and triplex structure in 1995; the Planning Commission denied the application, subsequently denied a revised application, and the City Council denied a site development permit for anything more than a single family residence on the site. Soon after the MINUTES OF THE PLANNING COMMISSION Page 8 November 12, 1997 City Council denial, the applicant submitted a building permit to convert the structure back to a single family residence; staff reviewed that plan and issued the building permit. Through late 1996 and early 1997, the former City building inspector made three inspections and observed that the work in progress was to complete the remodeling and restructuring of the building into a single family unit; however, since that time something else appears to have occurred which merits investigation. Commissioner Larson suggested staff specifically address the allowed and permitted uses in the zonings being considered. Mr. Stump advised a triplex could possibly be allowed in a C-1 or R-2 require a discretionary review by the Planning Commission conformance to setback requirements. In a site develo parking, traffic, and density are issues that are consi( commercial, similar to what is found along State Street; ti zone that would not allow the types of commercial uses State this would building's non ~n issue; however, for I PUBLIC HEARING OPENED: 8:11 p.m. Mike Correll, 957 North Oak, noted the residents are co to the triplex from the Oak Street side. However, if particular access, and then develop the to ~= would be few objections. He requested i( rooming, boarding, and apartment houses, with ti staff rE both traffic and access to legally cut off that State Street, there the specific uses of ;e permit. Mr. Stump replied a use permit would to the yard setbacks. uired t of the non conforming status Mr. Correll referenced Cha occurred during the denial of was grante, the violations want to operation caused ack to ased a~ Build stating that it addressed what basically infers that although a permit y residence, it appears there were clear The residents of the neighborhood do not site, and desire to put a stop to the loose, triplex and safety issues surrounding this property that have Chairman Oak Str wo~ ne~ would was a single family residence on the site with access to iections; however, if an apartment house is constructed, the be to the east onto State Street. Mi replied that parcel, and th issue con( it is very dense in that location, that the parking area belongs to is a problem with the current residents using those two stalls. There is g emergency equipment access. Oak Street, #B, stated he preferred to see the area zoned R-1 with single the usage is to be increased, then State Street should provide the access. Melissa Broaddus, 959 North Oak Street, #C, stated she preferred the rezoning be to an R-1 classification if access is from Oak Street in order to reduce the safety and density problems that are currently associated with the triplex. If it is designated R-2 zoning, the access should be restricted solely to State Street. She inquired regarding Page 4, Paragraph 2 of staff's written report. MINUTES OF THE PLANNING COMMISSION Page 9 November 12, 1997 Mr. Stump replied it was not intended to suggest that a through access from State to Oak was good planning and appropriate design. The concerns relative to traffic from the Oak Street access have been clearly described and articulated. If the structure is other than that of single family residential, it would be a good design to have the access off of State Street exclusively. Jacob Zachariah, 967 North Oak, stated he preferred R-1 zoning. Charlie Ruelle, 980 North Oak, stated he was in agreement that if the zoning is changed to R-2, Oak Street will become more congested. Resident, 947 North Oak Street, expressed her concern regardir congestion on Oak Street, and stated she felt that R-1 would be the a is an increase in size, the entry should be from State, not PUBLIC HEARING CLOSED: 8:34 p.m. traffic and g. If there Chairman Pruden inquired regarding the closest conti Mr. Stump replied the properties to the west were desi, suggested a rezoning of the properties, but the Planning the R-1 zoning. R" in the General Plan, which City Council maintained Chairman Pruden explained to the audience that this was regarded as a medium Plan must be amended to make the it is and zonings, stating ed to R-l, the General Mr. Stump commented that even thou ongoing issue of providing the community. During the rezonin is interested in developing an R; ipe could help isfY meeting Is for !he acti im and thos{ in this area, there is still the density residential housing in this Iportunities have been lost. Mr. Titen onto State Street; an R-2 designation housing. C sets a property to R-1 would solve some problems and designation may continue to plague the neighborhood. Commissionel of the com~ was a high intensity in that entire area, and the needs He recommended the zoning be changed to R-1. Com~ ~ioner :ands the neighborhood is concerned how it is impacted; unf, lately, however, not a function of zoning. R-1 is a safe designation, but not a density for that ~. Although the property does need to be removed from C-1, the is not the issu{ e configuration of the parcel and the way the density is developed on the s the in rewriting the kinds of things that can occur on properties, it is critical that Plan detail that only development that does not impact residential can be allowed. Those are the real rules that have to be applied thoroughly; it is not a zoning issue. To down the property to R-1 from C-1 is not necessarily going to resolve the problems. The logical density is R-2, which ultimately has the potential to find a solution to the neighborhood concerns. He further stated he is now more comfortable that productive action is being taken, and urged the residents to keep in touch to see that the problems are resolved. MINUTES OF THE PLANNING COMMISSION Page 10 November 12, 1997 Mr. Stump concurred with Commissioner Larson, and reiterated that any development on that property will necessitate a discretionary review. Staff will attempt to resolve the apparent problems with the property owner immediately; will perform a site visit; and is prepared to take the next step if necessary. PUBLIC HEARING REOPENED: 8:49 p.m. Hal Titen, property owner, 959 Oak Street, commented that he has been attempting to solve the problem, and had submitted a plan to make the access off of State Street two months ago. It is not an issue as to what he is trying to do; the issue is that no one wants to talk and the neighbors just want to bring up the same issue about the access off of Chairman Pruden inquired if he was supportive of the -2. Mr. Titen replied he had no objection to the rezoning, putting any more than three or four units on the pro ba., Mr. Correll stated his concurrence with Commissione~ the neighbors had talked to Mr. Titen, they would have east side, he should present a plan and the whole designating the property as R-1 is a solution, the nei issue instead of dealing with it on a piecemeal ba., noted that none of Titen wants to develop the uld be discussed. While to resolve the entire may not be there. PUBLIC HEARING CLOSED: 8:54 p.m. Discussion followed regarding whether ~cision such time as a solution could be fo~ the is.,,. should be tabled until the parcel. Mr. Stump advised there were Commission act on the rezonin( General Plat Staff is hopi resolved :his mE red, and staff is recommending the Zoning Map is to be consistent to the ~s occurring on Mr. Titen's property will be assure such. Discussi¢ noted a woul solve the problems in the neighborhood, wherein it was good project in place with access from State Street. Commissi~ and apl devel ent. land good land use planning starts with making clear, rationale, with a comprehensive plan in place that denotes future OI MOTION by Com Chiles, seconded by Commissioner Larson, it was carried by the lng roll call vote :1 to the City Council the approval of the rezoning of the property North Oak Assessor's Parcel No. 002-114-69, from a C-1 to R-2 designation, as ~ded in staff's written report, and as part of Rezoning Project No. 97-40, filed ~g Department. AYES: NOES: ABSTAIN: ABSENT: Commissioners Larson, Chiles, and Chairman Pruden. None. None. Commissioners Puser and Correll. RECESS: 9:00 p.m. RECONVENE: 9:09 p.m. MINUTES OF THE PLANNING COMMISSION Page 11 November 12, 1997 Commissioner Correll reassumed his position on the podium. Discussion followed regarding Group No. 3, which includes properties located at 302 West Henry Street (Assessor Parcel No. 002-175-05), and 460 Oak Street (Assessor Parcel No. 002-175-06), being rezoned from a "C-1" to an "R-I" designation. Mr. Stump advised that one parcel contains a single family residence that has been converted to professional offices, and the other a small garden nursery. It is clear that the General Plan drew a line delineating the commercial properties to the east from those to the west. Staff concludes that because of the area's current use and potential development, it is preferable not to it develop to C-1 because of the possible development that could occur with that R-1 would help preserve the nearby single family residential nei local real estate people has indicated that a future bu' residence as a bed and breakfast, which could potentiall, ~li zoning. The suggested zoning is a down rezoning, ild limit g to ~n with the single family the R-1 or C~:~ Commissioner Chiles inquired whether any considE parcels as C-N. given the Mr. Stump replied that possibility would require a broadening the area of that application rather than represent an island of zoning. Staff would suggest parcels which would Discussion followed wherein it was clarified th offices would be grandfathered in. If the legal, and would not revert back to the the offices ceased to operate for a zoning to the east, and that if the downtown area, which is slated t six was with a nation made, the professional offices would still be that zoning district, unless :ion was made of the C-1 ~dened, it would not encompass the ~arate zoning district of its own. PUBLIC HE OPENI p.m. Brent closed in the ad further stated a day. Th, for off ol ite parki~ The section need on of Oak Brackman, 73~ mercial de teen Nursery, advised that the nursery has been ,iced his objection to the alcohol and drug project located he wanted them to comply with the variance. He parking for its 15 employees, and over 100 visitations hearing for the variance granted by the City Council the nursery has closed, the problems are going to arise again. to R-l, with the possible exception of the medical center Avenue, stated it was her opinion that Oak Street was too narrow ,pment, and that the single family residence currently being used for should be returned to a single family designation rather than used for Frank Bacik, 169 Mason Street, Ukiah, commented on the existing commercial and residential content of the neighborhood and stated his opinion the area should remain with a O-1, or possibly C-N, designation. He stated his disagreement with staff's report relative to the O-1 allowing commercial land uses that would be incompatible with the single family residences in the area, since there was no longer one remaining in that neighborhood that had not had its integrity already impacted. MINUTES OF THE PLANNING COMMISSION Page 12 November 12, 1997 Mr. Walston commented that the large parcel containing the large house does have a variance for no on-site parking; all of the parking can be off-site, which has been the problem. That variance goes with the property, not with the business, and if the property remains C-1, there is the potential for that 5,000 square foot office property capable of housing 15 to 20 staff members and 15 individual offices to continue with no on-site parking. Ms. Brackman voiced her concern regarding the impact an off-site parking lot would have on that R-1 neighborhood, and commented that the large house directly to the west was also a single family residence. She further commented the large house in question was purchased by the current owner and used in an R-1 situation, and it was only when he vacated that he made use of the C-1 designation and turned it into a commercial prope PUBLIC HEARING CLOSED: 9:43 p.m. Chairman Pruden stated that the large house is listed in functioned as a residence for 80 years. She is very suPl for in the General Plan for this area, and that she is not homes since it often creates problems with parkin! supported staff's recommendation to return the nei and long overdue. ive of old she R-1 zoning; it is appropriate Commissioner Correll commented that C-1 neighborhood; it is a transitional area, and it i~ commented he is not comfortable with a C- hearing the opinion of other Commissione and could fit into the ,.to him with it. He further on, his preference for Commissioner Chiles stated it was it appears the owner would prefer of the change since he did not significant investments. ~C-1, but it has been done, and He stated he was not supportive ,ople financially after they have made both e( between is appears Because the further the iorth is the key to what happens in this area, from perspective of its being a buffer parcel situated ~ntial use. While R-1 may be a bit restrictive, in this case have been too many problems with off-site parking. be restricted as much as is realistically possible. He this time, but would support the R-1 designation. Discl followed des one Jment. older neighborhoods in the City and the possibility of one C-1, wherein staff noted that would require another by irman Pruden, seconded by Commissioner Larson, it was carried by the to recommend to the City Council the approval of the rezoning of the Henry Street, Assessor's Parcel No. 002-175-05; and 460 Oak Street, No. 002-175-06, from a C-1 to an R-1 designation, as defined and recommended in staff's written report, and as part of Rezoning Project No. 97-40, filed by the City Planning Department. AYES: NOES: Commissioners Larson, Correll, and Chairman Pruden. Commissioner Chiles. MINUTES OF THE PLANNING COMMISSION Page 13 November 12, 1997 ABSTAIN: ABSENT: None. Commissioner Puser. Discussion followed regarding Group No. 1, which includes properties located at 700-748 Oak Street, (Assessor Parcel Nos.001-304-02,3,5,7,9,12,16,17,and 18), being rezoned from an R-3 to an R-2 designation. Mr. Stump briefly reviewed the staff report, and advised that staff had received two calls concerning the rezoning, one from the apartment complex and one from the owner of the small parcel, who was concerned regarding whether he could develop professional on his property. Discussion followed regarding home businesses, revisions could allow such with a use permit, and cl~ classified as a legal non-conforming use. the ongoing text would PUBLIC HEARING OPENED: 10:03 p.m. No audience was present PUBLIC HEARING CLOSED: 10:04 p.m. The Commissioners stated they saw no proble~ go ON A MOTION by Commissioner Correll, following roll call vote to recommend to located at 700-748 Oak Street, Asses R-3 to an R-2 designation, as defi~ Rezoning Project No. 97-40, Co ~nning it was carried by the the rezoning of properties ,9,12,16,17,and 18, from an staff's written report, and as part of I. AYES: Commissi( NOES: Al ABSEI is,, Chairman Pruden. MINUTES OF THE PLANNING COMMISSION Page 14 November 12, 1997 18 November, 1997 Planning Department Civic Center 388 Seminary Avenue Ukiah, CA 95482 Attn: Senior Planner l,]O,V I ' i997 rb'~flIlli'lG OEP'F. We are opposed to the zoning change from 'C-I' to "R-2" for parcel 882-114-69~located at 959 North Oak Street~ It must remain in commercial zoning. We do not want access from State Street to Oak Street on a substandard roadway which is providing easement for the homes which were built after the neighbors protested the overdevelopment of the parcel which would have resulted from the construction of an apartment building (as was proposed). The access for that parcel must come from State Street only. We have noticed an increase in traffic on Oak Street since the completion of the County offices on Low Gap Road. Many take the opportunity to avoid the traffic light at Low Gap, by cutting through from Gibson to Oak to Low Gap. This is becoming a problem and will only be relieved by the construction of a left turn lane on State Street at Low Gap. We do not want to create ~lnother opportunity for State Street traffic to flow on to Oak, negatively impacting our neighborhood. Thank you for ensuring that our input is circulated to the Planning Commissioners. Sincerely, Ilelen and lerrill Sizemore 989 North Oak Street 957 North Oak St. Ukiah, CA 95482 (707) 468-8217 November 9, 1997 Robert Sawyer, Planning Director City of Ukiah 300 Sminary Ave. Ukiah, CA 95482 Dear Mr. Sawyer I wish to file a formal cotnplahd regarding llm lack ofetfforcement of zoning codes at 959 'Nmfl~ Oak St. h} August of 1995 Mr.i ltd Tilen'a proposal to the Plarming Conunission to convert a sh~gle tinnily (lwellif~g Io a I.riplcx was denied. At lifts ~lle file Plmmh~g Dep~nmit was made aware II~al Ihe I~ouse had aheady tme'n converlcd into a duplex Mlhout pemfits, qlie enfomement officer ign~)red lifts and subsequcnlly lhe hm~se bas I~en illegally us~ as a Ifiplcx. Now, Ihe Pl~ning Depa~nent wan~ to ch~e ~e zo~lg ~ R-2, w~ch hi essence co~d ~esull in legifi~nizing wlmt Mr. Tilm'~ has already done. I reel flint tim cu~ent ~olalions should be c~mected I~lkn'e a.~}y z{mi.ng cha.~lges shmdd even be consid~'ed, or Ibis will send fl~e ~nessage Io lhe public that. the Plantfing Deparlmenl. is a liger ~vilh no leelh. Sincerely, Jane' Correll CC: Candace Horsley, City Ma.ager Sheridan Malone, Mayor Jitn Mastirg City CounCil Member Judy Pruden, Planning Commissioner Erie Larson, Plmming Coim~fissim~er Jemfifer Puser, Planning Conmfissioner Joe Chiles, Plmming Conunissioner Mike Correll, Planning Commissioner Bruce Evans, Fire Marsh,'dl 0o 959-C North Oak St. Ukiah, CA 95482 (707) 462-4380 November 5, ].c~97 Robert Sst~er, Plannin9 Director City of Ukiah 300 Sminary Ave. Ukiah, CA 95482 Dear Mr. Sawyer: Tbs is a formal complaint regardin9 the lack of enforcement of numerous housing codes and ongoing violations of these codes which exist at 959 North Oak Street which is owned by Hal Titen. I believe it is a mistake to move forward with any proprosed rezoning of lot 002-114-69 located at 959 North Oak Street, from C-1 to R-2 until the numerous code violations have been rectified. To make rezoning changes at this time regarding 959 North Oak gives the appearance that the City of Ukiah Planning Department is by default legitimizing all the illegal units currently on site. I am extremely concerned about the lack of code enforcement in regard to the illegal units which were brought to the attention of your department at least two and a half years ago. According to the minutes of the City Council Meeting of September 20, 1995 "the establishmet, maintenance and operation of the additional apartment units would be detrimental to the health, safety, comfort, and general welfare of persons residing or working within the neighborhood, and would be detrimental to property or improvements around the site." However, there are clearly three sets of residents living on site. In the old house (the "single, non-conforming residence") Terence C. Calderwood resides, as well as an ever-changing population of guests. (I've wondered if the place is used as an informal half-way house for delinquent teen-age boys.) There is also a motorhome in the backyard used as a residence. Ken and Shirley Burns live in the middle unit, and Marya LeGrand and Lance Strickler in the converted garage. The corner of the converted garage is less than seven feet from the corner of'the triplex in which I live at 959-C North Oak Street (lot 71). in front of the middle unit there is also a trailer/workshop over which an illegal porch roof has been constructed. This unit may not be used for sleeping purposes but it has been wired for electricty, and violates the setback codes. All three sets of tenants residing at 959 North Oak have numerous vehicles, some of which don't run. The six vehicles associated with the tenants either park right next to the building (another code violation) or on an easement area just to the west of Titen's property. However, they also park anywhere else on the easement area, so quite frequently it is necessary to zigzag around whatever vehicles have parked at random on the easement area. At the same city Council meeting mentioned above, Titen's lawyer Tom Johnson stated "there will be enforcement of the no parking in the fire lane" which has never been done. According to the minutes of this same meeting "The Fire Marshall noted it is their intention to mark and enforce the fire lane parking on this site." This, too, has never happened, even though I spoke to the most recent Fire Marshall Bruce Evans last January about the increasing problems with access to my residence south of the easement area. He told me the matter had been referred to the code enformcement officer, who did not return the two phone calls I made to him in January. I understand your department is frequently overloaded and that sometimes the wheels of city governement may turn slowly. So I waited and called again in April. The three calls I made during April also were not returned. It was during the same period, in April when the parking situation was especially bad that I took some pictures of where Titen's residents and their guests park in the easement area. I've included a set of these pictures, which clearly show vehicles parked at random and in places which are supposed to be the fire lane. The whole parking situation and traffic flow to and from Titen's property is a mess. Rather than repeat the information I provided about it in my letter to you of September 10, 1995, I have attached another copy. The parking and traffic flow propblems have steadily worsened, especially during the past year. I believe that had any code enforcement efforts been made this situation would not have deteriorated to the extent that it has. Why has there been no enforce3nent of the city codes in regard to Hal Titen's property? No action on the part of your staff gives the appearance that by default the City Planning Department is willing to allow code violations, especially when it concerns low-income housing. Once the code violations and the parking situation has been resolved in writing in a legally binding form, I would have no objection to changing the zoning of Titen's property from C-1 to R-2 ONLY if access was from State Street, and Titen agreed to relinquish all access and parking from the Oak Street side of his property in perpetuity. Otherwise the situation will only worsen because Mr. Titen has proven time and again that he will agree to anything verbally but continues to do whatever he wants and flagrantly disregards the rights of anyone el. se in the neighborhood. I hope that some action will be taken scon to clean up this neighborhood mess created by the illegal units on Titen's property. I would not like to think that our city government is willing to sweep problems such as this "under the carpet," so to speak, even if it may be the easy way out. If you have any questions about my objections to the proposed rezoning of Titen's property at 959 North Oak, or about my concerns regarding the lack of code enforcement, please let me know. I hope to hear that you department has made progress in resolving the numerous long-standing code violations. Sincerely, Melissa Broaddus Attachments CC: Candace Horsley, City Manager Sheridan Malone, Mayor Jim Mastin, City Council Member Judy Pruden, Planning Commissioner Eric Larson, Planning Commissioner Jennifer Puser, Planning Commissioner Joe Chiles, Planning Commissioner Mike Correll, Planning Commissioner Bruce Evans, Fire Marshall Jacob & Dolly Zachariah, owners of 967 N. Oak (easement area) EVERGREEN GARDENWORKS PO BOX 1357 / 1207 W CLAY STREET UKIAH CA 95482 707-462-8909 http://www. EvergreenGardenworks. corn November 22, 1997 Ukiah City Council Members 300 Seminary Ave Ukiah CA 95482 NOV2 4 1997 RE: Rezoning of 302 Henry St. Dear Members My partner Susan Meier and myself own and operate Evergreen Gardenworks Nursery. Until Nov 15 of this year we occupied the north lot of 302 Henry, known as 430 N Oak St. Although any action that you may take concerning this property no longer affects us, it does impact our friends and neighbors greatly. Of all the neighbors of 302 Henry, our business was impacted the greatest by the presence of the Alcohol and Other Drugs Project (AODP), the current tenant of 302 Henry. I think a history of the problems of their presence would be beneficial to your consideration of the matter at hand. As you know, the property is currently zoned C1 which allowed the presence of our nursery as well as AODP. Formerly 302 Henry was occupied as a single family dwelling by the Apfels. When we applied to the City to put our nursery on the property to the north we complied with all the city ordinances with regard to parking. We were required to have four parking spaces with adequate turnaround space because of the danger of backing out onto Oak St. This was also true of Redwood Legal Assistance across the street. Our small specialty nursery got about a dozen customer on a good DAY, usually many fewer. We thought the parking requirements excessive, but we complied. About two years later the Apfels moved and leased 302 Henry to AODP. The house is about 5000 sq ft with more office space from the converted garage and out building. The whole ,,,,~en to twenty staff members and nearly that many offices. The only operation houses about ';"~ planning problem with having AODP as a tenant was that there was and is NO legal onsite parking whatsoever for that lot. There are two small driveways, neither of which have turnaround space. A variance was proposed for the property to allow the parking two blocks away on School St for the ENTIRE staff as well as all the clients visiting the site. We as neighbors knew this would never work and that the staff and clients would keep Oak St perpetually clogged with cars. We were assured by the staff of AODP that they would police the situation and they could make it work. We doubted it. The City Council in all of its wisdom granted the variance to the dismay of the community. I am sorry to say that time has proven the neighbors correct and the city council wrong. Problems with parking were totally ignored by AODP until the situation became unbearable. We called in the City Code Enforcement Officer and documented the situation. He has a thick file of complaints and witnessed first hand not only the parking situation but the verbal abuse of the clients that we had all been suffering. The situation only improved when we called for a meeting of the City, AODP, the Director of the Health Dept. ourselves and neighbors. The motivating factor for AODP to finally do something was that a compliance hearing for the variance, which should have been held within one year, had in fact never taken place. We discovered this and threatened to call for this hearing if they did not improve the situation. The situation did improve after this, but the problems were never completely resolved. There has been a sort of cease fire among ourselves and AODP for the last two years. There are still some really dangerous situations with regard to parking. The double wide driveway on the Oak St side of 302 Henry is on a very steep incline and can barely accept two cars side by side. AODP parks their van in one space. This van is used to transport children to and from their daycare center (yes there is a daycare center too) to the cite. The van must back out blindly into Oak St to exit. It is impossible for the driver to see north on Oak until he is well into the street. We find it odd that we and the other businesses are required to have turnaround space because of the hazard of backing onto Oak St, but this operation has a variance which allows them to endanger a busload of children. The variance is the problem with this property. As you know, it goes with the property, not the business. This variance is a "get out jail free card" for any business that moves into this parcel. This means any business allowed under Cl can occupy a space large enough for twenty offices with NO onsite parking. I have recited the problems with AODP, but the potential for even worse problems exists as long as this variance is in force. You have the opportunity to mitigate this situation. You can do it now before someone is hurt or killed. You can stop cars from being sideswiped. You can give the neighbors relief. If the property is downzoned to residential, appropriate businesses such as a bed and breakfast could still occupy the property, but only by use permit. During the planning process the parking issues could be addressed and appropriate solutions found. Please don't follow in the tracks of your former colleagues and ignore the advice of the community. Do something about this problem. End the special privilege and make all uses comply with existing regulations and good sense. Thank you for your consideration of this matter. Sin~rely Yours l~¢ent Walston NEWELL RAWLES (1909-1976) DONALD G. HINKLE (Retired) JARED G. CARTER JOHN A. BEHNKE MYRNA L. OGLESBY MICHAEL D. MACOMBER FRANK SHAW BACIK BRIAN C. CARTER JEFFREY L. ANDERSON RAWLES, HINKLE, CARTER, BEHNKE & OGLESBY A PROFESSIONAL CORPORATION 169 MASON ST., SUITE 300 POST OFFICE BOX 720 UKIAH, CALIFORNIA g5482.-0720 November 20, 1997 TELEPHONE: (707) 4b'2~ TELEFAX: (707) 462-7839 Mr. Jim Mastin City Council Member City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Request to Meet To Discuss, and Opposition To, Proposed Down-Zoning of Commercial Parcels in Downtown Interface (002-175-05, 06 at 302 West Henry Street and 460 Oak Street) Tentatively Calendared For December 3, 1997 City Council Meeting Dear Mr. Mastin: INTRODUCTION This office represents Dr. and Mrs. Phranklin Apfel, owners of two properties in the commercial/residential interface area very near downtown Ukiah (see map attached). Recently, Staff has proposed down-zoning these two lots from "C-I'," to "R-i." The Planning commission supported Staff's somewhat ambivalent recommendation in favor of its own proposal in a split vote, following the Planning Commission Chair's outspoken expression of her policy preferences. I do not believe those preferences or Staff's proposals reflect the policy of the City Council. I understand this matter is tentatively calendared to be heard by the City Council on December 3, and I write to request an opportunity to meet with you briefly to discuss these legislative matters in advance of that meeting. In an abundance of caution, I also offer the following analysis of this issue to provide my view of the nature and effect of Staff's proposed rezone project upon my clients, the lack of evidence supporting, or other legitimate justification for, Staff's recommendation, and some details of the discussion before the City Planning Commission which may not be adequately reflected in the record. I also write Mr. Jim Mastin City Council Member November 20, 1997 Page 2 to offer some background so that our discussion can be concise and not take too much of your time if and when you will agree to meet briefly with me. Finally, I propose a potential "compromise" position which may facilitate the interests of all concerned. ~UM14ARY OF AR(~UMENT Stated Purpose of Down-Zone -- In proposing this down-zone project to the Planning Commission, Staff asserted the goal of that old hobgoblin, "consistency." Staff attempts to "stake out" areas where the General Plan has vaguely identified land use patterns as predominantly residential; the down-zoning of commercial properties within those areas will make them "consistent" with the general demarcations. Z. Artlflclal DemarcatiQn The relevant "Maginot Line" here is indicated on the attached enlarged map as a bold line, highlighted in pink, moving north to south, first along Oak Street, turning west at Smith Street for one block, and then south along Pine Street. The rezoning project would down-zone the subject Apfel properties (but not the Baptist Church and school) which are embraced just within the undulation of the General Plan "residential boundary," a frontier in theory, but not in fact. Mixed Context of Neiahborhood -- What should be immediately apparent is that, unlike some "modern," white-bread suburban planned development, Ukiah cannot be broken into abrupt divisions in this way, especially so close to the center of downtown. It is neither practical, nor as I will explain appropriate, to attempt to force land use patterns into nice neat little "boxes" which just do not exist. · No Legitimate Governmental Interest Supports The Burdensome~ Confiscatory Action Proposed Staff's suggestion that drawing this line and down-zoning the subject properties is necessary to "facilitate the evolution of land uses" will deprive the landowners of their reasonable investment-backed expectations, creating non- conforming uses, all without furthering legitimate governmental interests. The Planning Commission Chair's outspoken disdain for all "residential conversions," her enthusiastic preference to "correct mistakes" through down- zoning, and her displeasure that the structure which once occupied the commercial nursery lot (destroyed by fire many Mr. Jim Mastin City Council Member November 20, 1997 Page 3 years ago) was not rebuilt, do not reflect this Council's policy. 5. Action Recruested In sum, Staff's down-zone project should be denied, the subject properties should remain in current zoning. In the alternative, Staff should be instructed to consider a less burdensome rezone of the subject properties to "C-N," (neighborhood commercial) which would be more in keeping with the character of the area and far less onerous, confiscatory, and intrusive upon the property value and land use. BACK~ROUND ANALYSIS Briefly, the Apfels own two properties very near the center of town. The subject properties are identified with a red "X" on the accompanying enlarged map. The property at 302 West Henry is a nearly century-old, very large (5,000 square feet), extensively remodeled converted victorian which has been zoned and operated as a commercial (C-i) facility for many years. The adjoining lot, at 460 Oak Street, also zoned C-l, has for many years been operated as a plant nursery. These properties are located a stone's throw from the courthouse, the Savings Bank, and the Post Office, and they are immediately adjacent to and in the vicinity of many other commercial properties along the Oak Street downtown commercial/residential interface (please see enlarged location map from PC Staff report, attached). The Henry Street property has long been occupied by the County of Mendocino Alcohol and Drug Program ("ADP"), configured as many small offices and meeting rooms for counseling, meetings, interviews, etc. No residential activity has occurred on site for many years, and the County has a long-term lease to continue this important public use to the next century. The County extensively reconfigured the ADP structure, and it currently bears no resemblance to, and is simply not suitable for, use as a single-family residence. The adjacent Oak Street property once held a residential structure, but it was destroyed by fire many years ago. The tenancy of the commercial nurseryman was recently terminated following a dispute with the landowner. The properties are surrounded by other commercial and related uses, including several other extensively converted, once-residential structures which house, among others, the Mendocino County Medical Society offices (immediately across Oak Street to the east from the ADP) and Redwood Legal Assistance (located across Oak Street to the east from the Mr. Jim Mastin City Council Member November 20, 1997 Page 4 nursery). Immediately to the south (across Henry Street) is the First Baptist Church and New Life School (the school fronts on Henry Street at Oak). Rainbow Construction Co. and the offices of the city attorney, Mr. Rapport, are within approximately 200 feet of the ADP, and the main Post Office and the Savings Bank building are within several hundred feet; the County Courthouse is within approximately 1,000 feet. Clearly, this is not an exclusively residential area, nor do the subject properties "intrude upon" an otherwise integral SFR neighborhood as "anomaly" uses, as the Staff report before the Planning Commission would lead one to believe. MIXED NEIGHBORHOOD CONTEX~ Part of what makes Ukiah an interesting place to live and work is the mixed and historic character of its downtown and environs. As in other similarly historic and attractive towns, like Davis, Woodland, Sacramento, Napa, Sonoma and Saint Helena, many historic, original "residences" in the downtown area have been converted to commercial use. As you read this I am sure several such commercial office spaces come to mind. Probably every one of us has dealt with professional service providers in such structures in Ukiah. Doctors, dentists, lawyers, architects, surveyors, engineers, foresters, and many others house their offices in such structures in and about the downtown area. However, the Chair of the Planning Commission undertook a vociferous diatribe against all such uses of once "residential" structures. She apparently opposes any commercial conversion anywhere in Ukiah, sees such uses as "mistakes" which should be stridently "corrected," even by confiscatory down-zoning if necessary. With regard to the commercial nursery lot, the Chair disclosed her personal involvement and bias. Apparently she was directly involved in opposing the demolition of the structure destroyed by fire on that site many years ago, finally agreeing to demolition only on the condition that the site be used for what she described as a "Carl Purdy Memorial Park." That such use did not materialize -- or could not be compelled -- now apparently warrants her wrath. She said she was "lied to." Her retribution for this imagined betrayal is to support the onerous down-zoning. The Chair's strident opposition, we trust, is not reflective of City policy. DOWN-ZONING IMPACTS UPON PROPERTY VALUE: DEPRIVATION OF REASONABLE INVESTMENT-BACKED EXPECTATION~ As we have informed Staff and the Planning Commission, the Apfels have already been disadvantaged by the pendency of Staff's proposed down-zoning project. While subject to a long-term lease, the ADP property was recently listed for Mr. Jim Mastin City Council Member November 20, 1997 Page 5 sale with a local realtor. A prospective purchaser (who resides in Ukiah and owns and operates another business downtown) indicated a desire to develop the property in the future as a low-impact bed and breakfast business -- a use which provides benefits both to the immediate community and the area in general, poses but minimal impacts to the neighborhood, and which is entirely consistent with the current zoning. Because the owners were compelled to disclose Staff's down-zoning proposal, and upon further investigation, the prospective purchase was canceled due to the uncertainty and expense attendant to the buyers' plans should the down-zone take place. INADEQUACY OF 'NON-CONFORMING USE" DESIGNATION I assume Staff will maintain, as it did before the Planning Commission, that even if the property is down-zoned from C-1 to R-I, a bed and breakfast is still "feasible." Of course, that "feasibility" would then be entirely contingent upon several completely discretionary approvals which in fact render the property less valuable to the owner, and less attractive to a buyer. A major use permit would be required before property zoned R-1 could house a business such as a bed and breakfast. That use permit may never be realized. More importantly, non-conforming uses terminate unless continuous. For example, if the property is vacant and unused for commercial purposes for even the brief period of six months, its use for ever after may only be as a single- family residence. Given the intense reconfiguration undertaken by the County for use of the premises for the ADP program, significant remodeling and reconstruction would have to be undertaken, either for the property to be attractive to a purchaser for, or available for use by a buyer as, a B&B (there are no bedrooms, for example). If the property were vacant -- either during marketing or remodeling -- for six months, the nonconforming use entitlement would be lost. It is not surprising, therefore, that a prospective purchaser would be (and has been) put-off from making the investment necessary to purchase the property under the cloud created by these circumstances. The pendency of Staff's down-zoning project, therefore, has already impacted the marketability of the property. The uncertainty for the owner and the buyer, alone, could contribute to the vacancy which makes more concrete the specter of "abandonment" of any non-conforming use. ST~FFtS JUSTIFICATION IS UNSUPPORTED Staff's report to the Planning Commission provides an analysis intended to rationalize, or justify, its own down- Mr. Jim Mastin City Council Member November 20, 1997 Page 6 zoning project for these properties. That analysis is instructive for two reasons: (1) it confirms that this is not strictly a residential neighborhood; and (2) it demonstrates the lack of evidence supporting any claim that there is a legitimate governmental interest in -- or that such interest would be advanced by -- the down-zoning. These are findings required to justify diminishing the landowner's reasonable investment backed expectations. First, Staff's analysis admits that the ADP structure at the corner of Oak and Henry Streets has been used as professional office space for many years. Staff confirms, as well, that the adjacent Oak Street lot has been used as a commercial plant nursery. Staff admits that other structures converted to professional office space exist across Oak Street to the east from both ADP and the nursery (County Medical Society, Redwood Legal Assistance), and Staff identifies the use to the south, immediately across Henry Street, as a church and school. However, thereafter, the rationalization seems less bound by the facts. Staff vaguely asserts that "spatially, the subject parcels function more as a part of the residential neighborhood to the west than they do to the commercially developed parcels to the east." Whatever this reference to "spatial function" may be intended to mean, while the subject properties occur "spatially" on the opposite side of "the line" drawn by the general plan, as we have already established, that side of the line is also occupied by the Baptist Church and school. And throughout town, many, many commercial conversions are located within, adjacent to, and as "part of" otherwise "residential" neighborhoods. Staff is also apparently concerned that allowing the commercial zoning classification to remain on these properties could "produce an anomaly in the zoning pattern for the area, and would cause an irregular extension of the commercial corridor .... " As we have discussed, part of the unique character of Ukiah derives from the fact that, especially within hundreds of feet of the center of downtown, such "extensions" of commercial land use do in fact exist. Staff's rationalization for its down-zone proposal rings most hollow when it asserts that this action is necessary to avoid health and safety, impacts. These may be common justifications for the exercise of a government's police power, but they are not applicable here. Staff asserts that: "The existing C-1 zoning could potentially allow the establishment of land uses that would be incompatible Mr. Jim Mastin City Council Member November 20, 1997 Page 7 with the single-family residences in the area. These incompatible commercial land uses could adversely impact the health, safety, and general welfare of the surrounding neighborhood, and degrade the integrity of the nearby low density residential area." What is immediately apparent is that Staff's concern is entirely conditional and speculative. There is no evidence offered anywhere of the pendency of dangerous, incompatible, unhealthful, or other significantly adverse uses or impacts. No such evidence exists. Again, Staff points to a "possible degradation" of the "integrity" of the nearby residential area, but structurally, the residential neighborhood is neither insular nor integral. This close to the center of downtown, the neighborhood is heavily punctuated by years-old, low- impact commercial use. The city attorney's office is approximately 200 feet from the ADP. The County Medical Society is only the width of Oak Street distant from the ADP. Redwood Legal Assistance is immediately across Oak Street from the nursery property. This "neighborhood" just does not have the so-called "integrity" over which Staff worries so. Staff obviously protests too much. Perhaps most basically, the down-zoning would result in the creation of non-conforming uses. We submit that that is not wise planning. It is not this Council's policy. It will deprive the landowner of the value of the property which guided his reasonable investment-backed expectations, and it is intended to exact a change in land use merely because Staff believes that "blocking out" exclusively residential neighborhoods (where they do not now exist) is preferable to acknowledging the real nature of the downtown interface. CONCLUSION In my view, both concepts of fairness and the law require that so blatant a limitation and a deprivation of property value and marketability, so burdensome a governmental manipulation, should be backed by substantial evidence demonstrating that a significant governmental interest exists. Given the mixed nature of this downtown interface area, it simply cannot be said that the existing commercial uses are "out of context," and no evidence has been brought to bear that current zoning poses a significant detrimental impact to health, welfare, or safety such as would justify Staff's recommendation. Curiously, Staff rationalizes its proposed action, in part, by saying that no impact will occur to the Mr. Jim Mastin City Council Member November 20, 1997 Page 8 property owner because a "non-conforming use" may continue. If that were the case, and we argue it is not so simple, Staff's project would not even advance the "legitimate interest" it has identified. I would like to discuss these and other issues with you in perhaps 15 minutes, prior to the December Council meeting. I will call to follow-up; I would appreciate a call if you have an opportunity to review these materials and/or have a time within which it may be convenient for me to discuss them with you. Finally, I would like to discuss a possible "compromise" position you might support. In the alternative to the drastic down-zone recommended by Staff, from C-1 to R-i, the Council should consider another, eminently more reasonable option. Staff could be instructed to recognize the "mixed context" of the subject downtown/interface area, and to examine the greater flexibility and more limited adverse impacts to property values and marketability that would result from rezoning the subject parcels as "C-N," Neighborhood Commercial. I attach the relevant discussion of this alternative land use designation. I hope we can address this issue in advance of the hearing on this matter, but if we cannot schedule a time to meet, I ask that you review the accompanying information. t~uly your~ Fd~%NK SHAW BACIK FSB:djs Attachments CHAPTER 2 ZONING ARTICLE 6. REGULATIONS IN NEIGHBORHOOD COMMERCIAL (C-N) DISTRICTS SECTION' 9060: 9061: 9062: 9063: 9064: 9065: 9066: 9067: 9068: Purpose and Intent Uses Allowed Uses Permitted with Securing of a Use Permit Building Height Limits Building Site Area Required Front Setback Lines Yard Requirements Parking Requirements Additional Requirements 9060: PURPOSE AND INTENT: The purpose of the Neighborhood Commercial (C-N) Zoning District is Lo encourage and promote a balanced mix of Iow intensity I~rofessional office; ~ommerci~ residential, and quasi-public land uses. Large a--~'~ incompatible commercial retail stores, such as supermarkets, chain ~'?ugstores, convenience stores, and discount clothing stores,' are not allowed or permitted. Similarly, highway serving commercial uses, such as motels, large restaurants, and gas stations/automotive repair businesses are not allowed or permitted. The C-N district is intended to provide Iow intensity commercial services, such as medical offices, small retail stores, and personal services to the adjacent and'integrated residential community Additionally, the provisions of this Chapter are intended to assure that development is compatible with the surrounding community, in terms of both design and use, and does not adversely impact surrounding properties. 9061' USES ALLOWED: The following uses are allowed in Neighborhood Commercial Zoning Districts: A, Professional and medical offices, barber shop, beauty shop, drugstore, florist, delicatessen (seating/tables permitted), small grocery store, and all other uses which, in the opinion of the Planning Director, are similar. The Planning Director may refer a determination regarding similar uses to the Planning Commission for a decision. a. C. Bo Fo e. F. O. U. J,. Small homeless facilities, subject to Section 9171. Accessory uses to any of the uses allowed in a C-N District. (Ord. 793, Section 2, adopted 1982; amd..by Ord. 921, Section 1, adopted 1991) Single family dwelling. Home occupations, as defined in Section 9301. A mix of any of the above allowed uses. ' No M. L. Ko 9062' USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT: The following uses may be permitted in neighborhood Commercial (C-N) Districts, subject to first securing a use permit, as provided in this Chapter, in each case: A. Large homeless facilities, pursuant to Section 9171. B. Sit-down Restaurant (no drive-thru restaurants shall be permitted). C. Second dwelling unit, pursuant to the requirements of Section 9024. D. Public/private schools. Medical care facility or hospital. Retail stores not listed in Section 9061. Church Personal service establishment. Bakery. Bookstore. Tailor shop. Coffee Shop. Day care facility. A mix of any of the above permitted uses. O, Other uses which, in the opinion of the Planning Director, are similar. The Planning Director may refer a determination regarding similar uses to the Planning Commission for a decision. P, Rental dwelling units, when combined in a mixed development with any allowed or permitted use(s). 9063: BUILDING HEIGHT LIMITS: The following shall be the maximum limits for height of buildings in neighborhood Commercial (C-N) Districts: Ao For main buildings, a maximum height of thirty feet (30). B, For accessory buildings, a maximum of twenty feet (20). (Ord. 793, Section 2, adopted 1982). Co To exceed the height limit, a Use Permit must first be secured. 9064: BUILDING SITE AND LOT AREA REQUIREMENTS: In Neighborhood Commercial (C-N) Districts, the building site area shall be as follows: A, For each main building a minimum of seven thousand (7,000) square feet of area. B, Existing lots as of the date of this Ordinance under seven thousand (7,000) square feet are considered legal building sites. (Ord. 793, Section 2, adopted 1982). C, All newly created parcels shall have a minimum of seven thousand (7 000) square feet of area. ' 9065' FRONT SETBACK LINES: The provisions for front setback lines in neighborhood Commercial (C-N) Districts shall be as follows' A~ On interior lots, the front setback line shall be a minimum of five feet (5) measured from the street right-of-waY line fronting such lot. Bo On corner lots, there shall be a front setback line on each street side of a corner lot. The front setback line shall be a minimum of ten feet (10) measured from the street right-of-way line adjacent to such lot. (Ord. 793, Section 2, adopted 1982). 9066: YARDS REQUIRED: In Neighborhood Commercial (C-N) Districts, yards shall be required in the following widths' Ao Front Yards: The minimum depth required shall be five feet (5). Bo Side Yards: The minimum dep'th required shall be five feet (5) for single-story structures, and ten (10) feet for two-story structures. C, Rear Yards' The minimum depth required shall be ten feet (10) feet. 9067.: PARKING RE~QUIR£D' The minimum parking area required in Neighborhood Commercial (C-N) Districts shall be that determined by Section 9198 (Ord. 793, Section 2, adopted 1982). If parking is to be provi'ded on the rear or sides of lots, fencing and landscaping shall be required to effectively screen the development from adjoining properties. 9067'.$: FLOOR AREA RATIO: The cumulative square footage of all buildings (main and assessory) intended for commercial use, including storage, shall not exceed thirty percent (30%) of the lot size. To exceed the thirty percent (30%) standard, a Use Permit must first be secured. 9068' ADDITIONAL RE~QUIRE~Mi~N'I'$: The following additional requirements are applicable in the Neighborhood Commercial (C-N) Districts' Ao All new construction, exterior modifications to existing buildings or on-site work shall require a site development permit. (Ord. 793, Section 2, adopted 1982). Bo Second story development shall be designed to preserve the privacy of adjoining property owners. C, Landscaping plans shall be required for all projects requiring Site Development Permits and Use Permits. D, .. All commercial land uses shall be limited in hours of operation from 8'00 a.m. to 6:00 p.m., except where the Planning Commission approves alternative hours through the discretionary permit review process. E, Existing development as of the date of this Ordinance inconsistent with the. provisions listed herein, shall be considered legal Non-conforming, provided that they were legal at the time of their creation, and shall be subject to the provisions of Section 9209. ITEM NO. 9a DATE: December 3, 1997 AGENDA SUMMARY REPORT SUBJECT: DISCUSS REPORT FROM CALTRANS REGARDING AMENDED HERBICIDE SPRAYING PROGRAM AND APPROVAL OF CALTRANS' AND THE CITY'S REDUCTION PROGRAMS At the September 17, 1997 meeting, Caltrans presented additional information to the City Council regarding their Herbicide Reduction Program, including pertinent sections of the EIR, and a specific outline of how the Program would be implemented within the City of Ukiah boundaries. The City Council indicated that they would be interested in a shorter time schedule for the Herbicide Reduction Program, and asked that Caltrans come back at a future meeting with any other revisions to their Program that could be implemented. In the meantime, Caltrans has agreed not to spray on the freeway within the City limits. (Continued on Page 2) RECOMMENDED ACTION: City Council approve Caltrans' and City of Ukiah's Vegetation Control Programs. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine additional information is desired and defer item to future meeting. 2. Determine modifications to Programs are desired and remand to staff for documentation. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Attachments: 1. 2. 3. 4. 5. 6. Acct. No.: (if budgeted) N/A N/A Candace Horsley, City Manager Revised Caltrans' Vegetation Control Program October 1, 1997 Staff Report Letter from California Native Plant Society Minutes of May 21, 1997 Public Hearing Initial Caltrans' Vegetation Program Proposal Excerpt from Caltrans' Roadside Vegetation Management Citizens Advisory Committee . APPROVED'~ ~ Candace Horsley, ~ity Manager 4:B/AsrHerb Caltrans is now returning to the Council with a revised Vegetation Control Program within the Ukiah City limits for 1997 to 2002. In 1995, Caltrans sprayed an eight foot wide band of 15 acres along all highway shoulders adjacent to Ukiah. Their proposed revised Vegetation Control Program now states that in 1997/98, the District will reduce the roadside spraying area from 15 acres to 6 acres, a 60% reduction. By the year 2002, Caltrans will reduce the total amount of roadside spraying acreage to 3 acres, an 80% reduction. In addition, herbicide applications around landscape plantings at the freeway interchanges will be reduced from the 6 acres sprayed in 1995 to I acre by the year 2002, representing an 83% reduction in spraying. At the October 1, 1997 meeting, City staff brought forward the history of spray practices and measures taken within the City limits to increase safety and reduce the overall application of herbicides. The Divisions within the City that conduct herbicide application programs are Parks/Golf Maintenance, Public Utilities, and Streets, each with its own set of challenges ranging anywhere from a quick spreading fungus on the greens at the Golf Course to hearty blackberry bushes at the Sewer Treatment Plant. As indicated in the staff report, the City has reduced its use of herbicides by 50% in the last decade and is continuing to seek alternative methods to herbicide control. Only minimal-risk materials are used and only qualified personnel who are trained and certified are assigned to the Herbicide Programs. In addition, staff is currently investigating other alternatives, such as use of vinegar, to kill weeds in the City street rights of way. Also, there was some interest expressed by the Council to increase the amount of burning at the Sewer and Water Treatment Plants, as well as the Airport, to control vegetation and to reduce the amount of herbicide use. Beyond these alternatives, reduction of herbicide use would result in labor intensive activities, unsightly vegetation buildup in inaccessible areas, and increased material for disposal, as well as a significant decrease in fire safety along the public rights of way. The Council has two proposals to consider for approval. The City staff proposal has demonstrated an ongoing trend of herbicide use reduction, and a concerted effort to research and implement safer techniques to reduce the overall application of .herbicides. This is manifested in the 50% reduction of herbicides, while at the same time maintaining a balance of vegetation control and citizen approval of the aesthetics along our roadways and parkways. As mentioned earlier, staff continues to investigate new methods and techniques of vegetation control that will not greatly increase costly labor intensive activities, but will help to reduce the unsightly vegetation buildup and significantly decrease fire hazards. Secondly, Caltrans is presenting to the Council a revised vegetation control program specifically for the City of Ukiah area. This proposal would reduce their roadside spraying from 15 acres to 3 acres by the year 2002, and the landscape planting spraying from 6 acres to I by the year 2002, more than a 80% reduction in herbicide spraying. Included in this report is a letter from the California Native Plant Society requesting the City Council's approval of Caltrans' Vegetation Control Program, as well as other public comments received during the public hearing on this item. Based on the high level of reduced spraying, staff recommends Council approval of the Vegetation Control Programs, as submitted. PROPOSED VEGETATION CONTROL PROGRAM ON STATE HIGHWAYS WITHIN THE UKIAH CITY LIMITS 1997 TO 2002 Consistent with the Caltrans Environmental Impact Report, Caltrans District 1 is utilizing the Integrated Vegetation Management (IVM) approach to vegetation control. Methods used include: o Mechanical (mowing and brush cutting) o Manual (hand pulling, weed whips, chainsaws, hand pruning and hoeing) o Cultural (organic and inorganic mulches) o Biological (plant competition, predators and grazing) o Chemical (approved herbicides and adjuvants) o Preferred vegetation (planting or allowing colonization of desired native or selected non-native species within the right of way) o Thermal (steam and fire) o Structural (pavement and barriers) Mechanical and manual methods remain the primary' means of vegetation control on State highway rights of way within the Ukiah city limits. Special programs, CCC and inmate crews will continue to be utilized whenever possible. In the next three to five years District 1 is committed to reducing chemical use on State highway roadsides along Route 101 within the Ukiah city limits (Men-101-23.2/25.02) approximately two miles as follows: In 1995 the District sprayed a band eight feet wide along all highway shoulders adjacent to Ukiah, an area consisting of 15 acres sprayed within the city limits. In 1997/98 the District plan is to reduce this roadside spraying area from 15 acres to 6 acres. In order to attain this reduction we are now selectively spraying safety devices only; this includes guardrails and signs. Six foot bands will be sprayed along medians and eight foot bands will occur only along on and off ramps for safety and sight visibility. By the year 2002 the District plan is to reduce the total amount of roadside spraying acreage to 3 acres. This will be accomplished by implementing the following types of alternative measure s: o Paving portions of median shoulders and adding stone/cobble overlayment; the same treatments may be utilized in gore points and islands. o Pavement, various cement formulations, gravel, chips, mat barriers, weed fabric and mulch placed under guardrails and around signs and other safety devices. o To eliminate road shoulder spraying and mowing, preferred vegetation such as low growing native grasses and ground covers will be planted along roadside shoulders. o Utilization of new guardrail mowers. In addition, herbicide applications around landscape plantings at Talmage, Gobbi and East Perkins interchanges will be reduced using some of the above alternative methods from the 6 acres sprayed in 1995 to 1 acre by the year 2002. ITEM NO. 10b. DATE: OCTOBER 1, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH At the September 17, 1997 City Council meeting, CalTrans presented its Herbicide Spray Application Program for use within the State rights-of-way. The Council subsequently requested a report by City Staff regarding similar use within the City of Ukiah by City forces. Identified in the following report is a brief history of previous spray practices and the measures taken to date to increase safety and reduce the overall application of herbicides. The divisions within the City which conduct herbicide application programs are Parks/Golf Maintenance, Public Utilities, and Streets with each department having trained and certified personnel in charge of implementing the specific program for vegetation control. Our pesticide applicators must pass a State of California Qualified Applicators exam and are required to complete at least 10 hours of State prescribed continuing education per year for recertification. This rigorous education and testing program is conducted by the State of California Pesticide Regulations Department. Prior to use, a written recommendation as to proper material and application rates must be secured from a State of California Certified Pest Control Advisor. The State of California also requires monthly pesticide use reports to be submitted to the County of Mendocino providing (continued on page 2) RECOMMENDED ACTION: Receive report regarding City's use of herbicides. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine additional information is required prior to receiving report and identify meeting date at which to return with report. 2. Determine report is not desired and proceed to next agenda item. Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A Citizen Advised: NA Requested by: NA Prepared by: George Borecky, Water/Sewer Operations Superintendent, Larry DeKnoblough, Director of Community Services, and Rick Kennedy, City Engineer/Director of Public Works, Coordinated with: Michael F. Harris, Assistant City Manager and Candace Horsley, City Manager Attachments: None APPROVED: Candace Horsley, City Manager REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH OCTOBER 1, 1997 PAGE 2 local oversight of all applications. Additionally the Mendocino County Agriculture Commissioner's office inspects the Street Maintenance Division's spray operations and safety program. The Council should note that the City of Ukiah has never been cited or reprimanded for any violation of state regulations. Three products are used throughout the City: "Roundup", "Surflan", and "Weed and Feed Fertilizer". All of these materials are available over the counter and carry a "Caution" label which denotes the lowest possible level of relative toxicity and minimum hazard designation. Many common household cleaners such as bleach and kitchen cleanser carry the same or a more severe designation. "Roundup" is a post-emergent, systemic herbicide with no soil residual activity. It gives a broad spectrum control of many annual weeds, perennial weeds, and woody brush. It is a water soluble liquid formulated for dilution. It is classified as a Category E non-carcinogenic material with a "Caution" label for minimum toxicity. "Surflan A.S." is a pre-emergent herbicide for the control of most annual grasses and select broadleaf weeds by disrupting growth at germination. It is available in either water soluble liquid or as a granular form. This product is also listed as a non-carcinogenic material with a "Caution" label for minimum toxicity. "Weed and Feed Fertilizer" is a broadleaf herbicide in granular form combined with fertilizer for application on turf areas. In the Parks Division the material is applied by a walk behind spreader which broadcasts the granular material in approximately ten foot radii. Use of this product is limited to the Parks/Golf Maintenance division. The specific locations and details of each department's application are presented here. ELECTRIC, SEWER, AND WATER: The WatedSewer Division currently conducts all of the herbicide application for the Public Utilities Department (including electric). Spraying is conducted to control weeds at the facilities as well as controlling blackberry bushes which are almost impossible to control by hand cutting. In addition to the reports and recommendations from outside agencies relative to spraying, the Water Treatment Plant is required by law to routinely sample for Glyphosate, the active chemical in "Roundup". No trace has ever been detected in our water. Mowing is still the mainstay of the Public Utility weed control program. However, in June 1997, the Fire Department conducted a training burn at the Wastewater Treatment Plant which provided valuable training to firefighters while minimizing the weed population. Staff hopes to expand this program in areas where safety can be insured. PARKS: The Parks Division currently conducts a seasonal spray program consisting of the annual or semi-annual application of the three primary herbicides noted earlier. The current use of herbicides has been reduced significantly over the last 15 years. Materials such as Simazine and Amitrol, were once widely used in the parks. These materials were not only more toxic, but were often applied by boom sprayer utilizing non-certified and often untrained personnel. While many of these more severe materials are still available for use, the City of Ukiah has voluntarily chosen to eliminate them from our program. Boom REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH OCTOBER 1, 1997 PAGE 3 spraying in the parks was eliminated approximately ten years ago in favor of the more selective hand application, and a conscious effort was initiated to reduce the amounts of spray as education regarding safety and materials increased. Since that time the Parks Division has continued to implement a philosophy of application on a as needed basis only, with an overall 50% reduction of materials and costs. However, the more significant reduction statistic, in terms of public safety, is the transition to safer, less toxic, over the counter materials, with non- migratory properties. Currently, the application is only to select areas with the intent of reducing labor in otherwise significantly labor intense areas such as fence lines, along walls and buildings, park fixtures, and planter areas. Approximately four-five gallons of "Roundup" and two-three gallons of "Surflan" are used annually. All spray activities are conducted in the early morning hours, prior to 7:00 a.m., providing a minimum of wind disbursal and allowing the appropriate reentry period prior to use of the parks by the public. Material Safety Data Sheets (MSDS) are present and available for public review at all times and on all locations where spraying is conducted. Parks Staff readily reviews these sheets if and when a citizen inquires as to the material being applied. Also no sprays are used in areas where there is general public activity such as lawns or near playground areas. Alternative means of weed control are continually being implemented to further reduce usage such as application of bark, mulch, soil barriers including cloth and plastic, and increased use of drip irrigation. STREET MAINTENANCE: The Street Division has a very limited herbicide spray program. Approximately 40 man hours per year are dedicated to spot spraying a minimal area within the City twice a year. The Division utilizes only "Roundup" applied to the surface of weeds and unwanted vegetation during a plant's growing stage. Approximately five gallons of "Roundup" concentrate are used per year. The areas within the City where "Roundup" is used are the corridors of State Street and portions of Gobbi Street from State Street to US 101, Perkins from State Street to Leslie Street, Bush Street from Arlington Drive to Garrett, Smith Street and Standley Street from State Street to Mason. The pedestrian path from Oak Manor School to Orchard Avenue is also treated with Roundup. Roundup is sprayed in a continuous manner along the sidewalk edge and curb line of Hastings Avenue. The herbicide is either applied from a portable and towed chemical tank with motorized compressor and spray wand or a small chemical hand pump sprayer with wand. The majority of our weed problems occur along sidewalk, curb and gutter, and cracks in asphalt concrete pavement which do not allow the use of a mower. Because of this, there are only two feasible alternatives available to the Street Division which can replace the herbicide program. These alternatives are mechanical removal with hand equipment, such as a weedeater or a spade, and spot burning with a propane tank and wand. Mechanical removal with hand equipment can eliminate the plant above the surface but it will not remove or destroy the root system. It is estimated that the mechanical removal alternative will require at least twice the man hour effort as that of the herbicide program, REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH OCTOBER 1, 1997 PAGE 4 because of clean-up and removal of the cut vegetation. It is also possible that the treated areas will require three visits per year instead of two treatments with the herbicide. Therefore, the estimated man hour effort for the same level of work under the herbicide program is 80 to 120 hours. More time spent on weed removal means less time available for the other high priority programs such as permanent pavement patching, crack sealing, sign maintenance and replacement, pavement marking maintenance, maintenance of storm drainage facilities, and personnel support for the landfill. The spot burning of weeds would most likely destroy the root system of the unwanted plant and would reduce the amount of vegetation clean-up, however, it is perceived that this method of vegetation removal would not be acceptable to many individuals in our community. SUMMARY The present Citywide herbicide program has been significantly reduced and is strictly regulated. These materials are only used in situations where hand work is ineffective and inefficient. Though alternatives are available and being used where feasible, further, reduction of herbicide use would result in labor intensive activities, unsightly vegetation buildup in inaccessible areas, and increased material for disposal, and a significant decrease in fire safety along the public rights-of-way. The City has decreased its use of herbicides by approximately 50% over the last eleven years and continues to seek alternative methods to herbicide control. Only minimal risk materials are used and only trained and qualified personnel are assigned to the herbicide programs. mfh:asrcc97 1001 HERBICIDES Cd Ndt e P /at Soc et _ 28 May 1997 338 Ortega Street, San Francisco, California 94122 :{ECE VED Ukiah City Council 300 Seminary Avenue Ukiah, California 95482 3 0 1997 C;t'i'¥ CLERK L)EPAi~'i'NIEN'~ Dear Councilmembers: RE: ROW herbicidal spraying Caltrans, in response to public criticism of herbicide use and the need to reduce maintenance costs, has instituted a roadside vegetation management process. They have established an in-house Roadside Vegetation Management Committee (RVMC) and a Public Advisory Liaison (PAL) group to represent the very diverse interests of the public; one of the interests represented is the California Coalition for Alternatives to Pesticides. I am writing as a PAL and I was chosen to represent biodiversity enhancement along right- of-ways (ROW). The RVMC and PALs have a challenge to reduce right-of-way herbicide use. If the task were easy, Caltrans would have discovered it long ago. We need to have a battery of weapons: appropriate species selection, companion plantings, biocontrol, and herbicides--in short, Integrated Pest Management. The RVMC-PALs process should have an opportunity to do its work. Please note that the California Native Plant Society does not favor unrestricted use of herbicides; these comments are confined to the subject at hand. Caltrans' primary herbicide is glyphosate, marketed under the label Roundup. When used according to directions it is apparently safe to use. It accomplishes its task by being absorbed by the target plant and being translocated to the plant's root. Here it interferes with the production of an amino acid that is essential to plant growth; the amino acid is not produced by animals. On contact with soil, glyphosate iimmediately binds to soil particles, thus there is no possibility of mn-off. Soil microorganisms break the glyphosate down into harmless compounds. Although critics have worked hard over the years to prove that glyphosate is dangerous, they have apparently failed to identify detrimental effects. In the long run entirely suspending herbicide use risks creating more problems than it will solve. The potential development of public safety hazards consequent on suspending use and the likely worsening of an already bad weed problem on highways and adjacent lands (with potential for lawsuits) argues for a go-slow approach. We ask that you exercise leadership on this issue. C: (~,erely, ,Jacob Sigg, Chair " / { /Invasive Exotics Committee David Chipping, CNPS VP Conservation Dedicated to the preservation of Ca[ ornJa native flor. 7. PUBLIC HEARING 4~11~ Consideration of Herbicide Spraying by Caltrans City Manager Horsley noted at the April 2, 1997 meeting, the Council requested a public hearing be scheduled to discuss herbicide spraying of the freeway rights of way within the City limits. Rick Knapp, District Director of Caltrans District 1, outlined the Caltrans Vegetation Management Program, emphasizing the focus of the program is primarily for safety, both for the motorist and from a fire hazard perspective. Caltrans has reviewed many alternatives to herbicide spraying, and has a goal to reduce such spraying, even though now minimal, by 80 percent by 2012. Mayor Malone opened the Public Hearing at 7:47 p.m. John McCowen, P. O. Box 454, Ukiah, preferred the reduction of herbicide use. Barry Vogel, 280 North'Oak, called for a total ban of herbicide spraying. Chuck Williams, 3 Betty Street, felt Caltrans was responsive to public concerns and stated he would welcome the Caltrans spraying program in Ukiah. The Public Hearing was closed at 7:58 p.m. · In response to questioning, Public Works Director Kennedy noted the City uses only five gallons of herbicide per year throughout the City. The consensus of Council was to have Caltrans bring back to them a modified spraying plan, and for City staff to report back on the current use and methods of spraying herbicides within the City, together with a proposal to reduce the spraying to the point of total elimination of herbicide spraying within the City. 7b. Consideration of Resolution Adjusting Fees for the Ukiah Municipal (~olf Course Community Services Director DeKnoblough outlined the operating deficit incurred at the Golf Course since the purchase of the back eight holes from the County of Mendocino in fiscal year 1993/94. The Golf Course Committee has recommended fees increases on a one-year basis, while staff recommends a five-year fee adjustment program. The Public Hearing opened at 8:15 p.m. Larry Steppe, 9745 West Road, Redwood Valley, spoke against the fee increases. Elsie Nielson, 980 St. Francis Way, member of the Golf Course Committee, felt the increases were unfair to Senior Citizens, and preferred any increase to be for one year. Jay Ferrigan, 1477 Deerwood Drive, felt the proposed increases targeted seniors, and would like to see more City effort to promote the Golf Course outside the area. Bob Maloney, spoke against raising the rates of Senior Citizens. Mark King, 588 Hazel Avenue, spoke against raising the rates. Don Rones, 717 Live Oak Avenue, member of the Golf Course Committee, supported the Committee's recommendations on a one year basis. Regular Meeting - May 21,1997 Page 3 STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILsC~N, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 1, P.O. BOX 3700 EUREKA, CA 95502-3700 TDD PHONE 707/445-6463 (707) 445-6393 September 9, 1997 Ms. Candace Hursley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Ms. Hursley: Attached is information regarding our Vegetation Control Program item for the Council meeting scheduled for Wednesday, September 17, 1997. Please call me at the above number or Bob Melendez of my staff at (707) 445-6391, if you have any questions regarding this information. Sincerely, · O. ~AN District Division Chief Maintenance & Operations Attachment PROPOSED VEGETATION CONTROL PROGRAM ON STATE HIGHWAYS WITHIN THE UKIAH CITY LIMITS FISCAL YEAR 1997/98 Consistent with the Caltrans Environmental Impact Report, we are utilizing the Integrated Vegetation Management (IVM) approach to vegetation control. Methods employed and considered include: Mechanical and manual Vegetation-related research: low growing, low maintenance ground covers, grass species as well as native grasses and wildflowers Mulches (organic and inorganic) Biological New structural and design methods Chemical Mechanical and manual methods remain the primary means of vegetation control on State highway rights of way within the Ukiah city limits. State highway roadsides adjacent to the Ukiah freeway will be one of the primary areas in our District to be used for testing alternative measures to chemical use. We will be working toward implementing these measures over time. As these measures are tested, analyzed and developed, limited chemical use will remain one of the components of our Integrated Vegetation Management (IVM) program. Some of the alternative measures will include: Low growing vegetation-related testing Increased use of mulch with mat barriers, weed fabric, gravel and chips Pavement, mat barriers and weed fabric with mulch under guardrails Guardrail mower testing Geotextiles and any other potential alternative measures as they develop New structural and design methods Historically, the District generally sprayed a band up to eight feet along highway shoulders adjacent to Ukiah. In order to attain reductions in herbicide use, we now propose to selectively spray guardrails, eight-foot bands along on- and off-ramps for sight visibility, and six-foot bands along the medians. The strategy to eliminate band spraying is a difficult step; we will continue to have concerns regarding fire hazard control, sight visibility, drainage and pavement integrity, but will address them the best we can using cultural, manual and mechanical methods as resources allow. Gallery, Surflan and Roundup applications are scheduled to take .place in the fall after the first settling rains occur. In late winter/early spring, it may be necessary to apply Roundup to weeds that penetrate through the fall pre-emergent applications. Herbicide and adjuvant rates may vary depending upon species and maturity of weeds, time or season of the year, temperature, and weather or climate. Although herbicide and adjuvant rates will vary according to conditions, rates will strictly adhere to label directions. Mechanical control will also vary, depending on topography, climatic conditions, resources, and priority changes. Mechanical/Manual Control: Mow trimmers will continue to control brush as needed. In landscaped areas, we will increase the use of mulch so that native species planted in these areas may evolve into natural settings. Special programs, CCC and inmate crews will continue to be utilized whenever possible. "CALTRANS" ROADSIDE 'VEGETATION MANAGEMENT', CITIZENS ADVISORY. COMMITTEE FIRESCAPING/NATIVE PLANTS .as-.alternatives to herbicides. PILOT PROJECTS PROPOSALS for Mendocino county (inland) Project participants: Els. Cooperrider,' Botanist/Ecologist/Landscape Designer Sheelagh Oliveria, Organic Gardener Chuck Williams, California Native Plant Society Bob Melendez, Caltrans Dave viera, Caltrans' , ' ~ Project participants met several times, scoped poSsible'Highway 101 sites,, and researched the native plants literature to Compile a list.of .suitable California. native plants for roadside, median strip, 'and intershange plantings. The plants are fire resistant, and/or-lowgrowing, drought tolerant,, pleasant to look at,' and extremely low or no. maintenance once established. -'~ '. .. .: . ,. The committee realizes that the current Caltrans Landscaping practices need. a high degree of maintenance, weed control, and, in many instances, watering. Most of Caltrans' use of herbicides is" for easth'etic rather than safety purposes. · "The folly of most freeway landscaping is that. it'is made 'to resemble the average backyard, instead of 'providing a 'natural transition between the road and the surrounding native vegetation." ' This type of' roadside landscaping looks weedy unless mowed, sprayed, and manicured. If one looks at all' native roadside vegetation, such .as~ between Hopland and"Cloverdale, or between Willets 'and Myers Flat along Hwy 101, it does not look uncared, for or weedy, even when'weeds grow up to the pavement. That is so because there is no contrast"between 'the roadside vegetatiOn and the surrounding landscape.' The. result is a "scenic" - effeCt ...... :' . · With these:' pein'rs in.:mind;~ ..the :ii committee', came up '?with..':severaL scenario's;.~ifor .. Caltrans to consider. -...'-' .~. . . ,Come forth'.'into '.the, light..:of things.. :'Le't.:~ 'natUre"be. acher: '-' " your .x-William, Wordsworth.;...~:' :" " . · '~',. ..:':. :.'.?:"~,'5 '.i .... "' : ' ' · :::':'; ?~.?' ::'.'i .':~ .::."': ,,~' - '. "! .... :."i(,'..,.'"' ' ~.. . :,... ','.:i ' ' "'" '~' ": ':' "~". "".."':'i;' "': :: ' · SOIL PREPARATION: , : ; Soil to be planted can be prepared .bY one' or more of the following methids 1. Undisturbed soil sprayed with steam or hot water to kill existing vegetation and weed seeds 2. Disturb soil by disking 3 times before. - planting, allowing weed seeds tO germinate between .disking · 3. Solarizati0n. This is done by spreading clear plastic over moist disturbed or undisturbed ground. This method is by .far the least .expensive, 'and takes' the least amount of time from start to planting. However, solarization works Only during warm months, of the year and in. sunny areas. Other elements -of 'these plans include:' , '1. Hire local botanists/Consultants'to~.design the, area and to work with the' Caltrans engineers. 2. Hire' local, landsCape'cont~actors to implement.-th~ projects , 3. Buy .native plants. from` local',,.wh01esale nurseries: Whenever .. possibte BENEFITS OF THE-FIRESCAPING/NATIVE PLANTS · PILOT-' :pRoJECTS: Fire hazard will be reduced· .. ' The plantings are' easthetically p!easing'.:.(because they fit into the surrounding" landscape) 'Re-establishes the vanishing Valley Oak to",the Ukiah!,.¥alley. , · · . Provides areas for rare-and` endangered .species" (espeCially if"v-ernal..PO°ls are. to. ' road __ Roadside Grasses for. Inland North This project describes plants and methods for inland north coast would replace existing non-native and other weedy vegetation which is"itow fire hazard, largely annual (producing large 'quantities of seeds), and an. eyesore.':--..-" The plants proposed are California natives, mostly 'perennial; fire retardant, Iow' or no maintenance, and will blend into the surrounding, landscape, .. As per the diagram below, the roadside is divided .into '7 parts: 1. roadway; 2. road edge (mow/spray. strip 2-8'),; 3. shoulder; 4. ~hner ditch bank; 5. Outer ditch bank; 6. field edge SCHEMATIC CROSS-SECTION OF ROADSIDE HABITAT inner ditch' i outer ditch road 'edge · . Plants: 1. Roadway /D/q5~ [Icc' 2. Danthonia californica, Sitanion .'sp., Stipa. pulchra, $tipa lepida, FeStuca, ' . · · I . ~.. ' . - ' ' . · * I',', · ' . ' ' .'. '; . . .'~ ',"~ idahOensis. 'Jug. Handle, Artsttda hemU~.osa, · ~ .. ,- . . · ,.,,..: . . . ."~ .~:,~ 3. All of the above plus: Elymus glauc~, B/'omu; .carinatu& Melica,cali~ornt¢a, Festuca idahoensts (on-north facmg.~~..'.$1opes)' 4. All of the'. above ' plus: Hordeum' . brachyanterum.:,','.. · . . . . . . .: ., ..... , ,..... ..:, ....., ..!..,, :~, ~: ,.--.;,,.<..:,:..iL.~.;:.~:~,,~?,.".~,~:,..:~ , 5. Di, tch. bottom:..Wet and fast .floWing;..:.Gy¢.eria Davy Semoph°re; Intermittent:. Hord.eum · ' ' ' ' '" .' ." · ' "'"i' · '..', ' ;, -..... ..... -' ' ;' ..:'.". ..,,.',/:' .:' '..Z ?"~:. ":-'"-'- ' 6 .All from (3)..and ~.(4).. plus lymus, trtttcotdes; ~..,Muhlenbergta.~'.rtgens?.'~i;(Deergrass)~".~~ ~ - ' ." · · ..: Heteromeles. arbu'tifolia, .:Fremontta californtca*, .Ceanothus sp. (~here apPropi:fiite i.~nlyl)~ '" "' ..,". ":'"" 7. All from (6) plus 'tree~ such..as 'Quercu, lobata 'and 'oth'er..appropriate:'~'speCieg".:-:0f':'::?.;';.;-:-':;3i · . : .. - . -, , ,'.:i' .~..",...,.., .~ .~ oak .... :'-!'~.., - . " necessarilv..::fiative i..~/fendocino.?i'e'6U{~tV !..;,,'i~:. '...... ~:.. ;. .:.::~: .:.,........ :.:~- '--* California .native but. :not. _ __~ ____ _,_ __ __ -._.___:-:~. '.-'..-'; ' :'-"~:,'.".',.':":,P':."~'-":":'"'"" '~;"' "~,. · . ~ ,' L: . : .' ':"'.. .* . , "" · -' """ "..' ~ '. ' . ~. :":::.~'.,..~; '. i...:. : !' ""'"";'"-;';':" .... " " ":;~' '' - ' ' .' '., '. ,'""'?.'i''t~} "'~'"" ': '9" ., '... ' ' ?;,'7 .,'; . 11/03/97 13:31 '~707 468 1660 ]~{ECEEF · Subject: ]~ANUPS: Agribusiness New~ Date: }:ri, 10 Jan 1997 16:02:$9-0g00 (PST) From: PANNA lnfoPubs <panilffopubs(~igc.apc.org> To: Recipients of coiffc~¢nc~ <panups~igc.apc. org> PANU~$ Nor:h America b~tp=//_w~w.pa~na.o~q/panna/ Janua[y 10, 1997 Monsanto Agrees to Chan~e A4s and Monsanto Co. agreed to change irs advez:ising for glyphosata- based p£oducts, including Roundup, in response =o co~lain=s by :he New York Attorney Gene£al's O~[lOe thau =he ads were misleading. Based on =heir i~ve~tigation, the ArCo=ney General's office felt that th~ advertising inaccurately port:eyed ~onsan:o'$ glyphosaEe-con=ainlng products a~ safe and a~ not causing any harmful effects to people or the enviro~u~enc. Ac=ording ~o =he s~a%e, :he ad~ al~o impl~e~ =hat ~h~ risks of products such as Roundup are the same as those of the active ingredient, glyphosate, and do no% =aka into acc0un~ ~he possible ~isks associated ~l=h the p~odu¢~'s inert ingredients. As part of the agreement, Monsanto will dis¢on=lnu~ uhe of :er~s such as "biodegradable" and "environmentally friendly" in all &dver~l~ln~ of ~lyphosate-¢ontainin~ ~rodu=%$ in NeW York state an~ will pay $50,000 toward the ~tate'~ costs of pursuing the case. Thc Attorney General has been =hal'lengin9 %he ads zince 1991. Monsanto .ma~ntain~ :ha~ it did not violmu~ any federal, state or local law and tha= irs cla£m~ wer~ "crum a~d misleading in any way." The company states that they avoid costly litigation. According to a 1993 =e~o== p~blished by the School o~ Public Health a= =he Unlve=~l=Y of Call£orn~a, Berkeley, gly~hosaCe was the third most commonly-reported cause of pesticide illness among agricultural workers. Another study from the School of Public ~ealth found that glyphosate wa~ the most commonly reported caus~ of pesticide illnes~ amon~ landscape ~al~tena~ce workers. (~oth snudie$ we=e based on collected be:ween 1984 and 1990.) In the first nine months of 1996, MonBanto's worldwide agrochemaical ~ales increased by 21% to U552.48 Billion, largeiy :o increased sales of Roundup. NO¥'O 3 1997 CI'I'Y CLERK DEPA~ I'MEN-1 EPA Fine~ Nog~hzup Ring 1 of 3 ¥, ; ~/~OF~,~tl',lcl.'~ [N~_ 27(/%27667c2dgd%270bb~igc al)c mailtx:rr,:/C .7C Pro~mm ' ' ~ .- · ...... 11/05/97 13:31 ~'707 468 1660 }IECEEF ~002 A~s~ in November 1996, North:up King Co. aq~eed to pay a US$165,200 fine to the U.S. Environmental ?~otection Agency (EPA) for importing, p~oducing, selling and dist:ibutin~ an unregistered pesticide P gene~ically engineered corn containing Bacillu~ thu=gi'crisis (Bt). This was'EPA'~ firs= legal action involving a genetically engineered plant pesticide. Ac¢o£ding =o EPA, the company'~ activ~tie~ violated the U.S. F=deral InSec~cide, Fungiaide and Roden~icide AcC and included failing to file with EPA the required paperwork for ~mpoz~lng =he ~= corm, and producing the pesticide at eivht unz=gistered facilities during 1994-95. North~up King, a Sando= Seeds subsidiary based in Minnesota, maintains that they had been wo£king with ~he ~PA to spring. However, in o~der to have as much ~eed as possible ~o sell to U.S. growers, :he company shipped seed to Ch&lc for winter production and b~ought the inc£ea~ed volumes back to .the u.s. for packaging and ~ale. A c~m~a~y ~tated that the federal process cook lo~ger than and therefore Nor=hrup King ~as in "=ethnical viola%ion" by la,ting its pzoductlon ge= ahead of registration. The originally ~rop0sed fine of U$$ZOs,~00 ~as reduced by 20% because of uha~ ~PA oZ~icials celled the company's "¢ooDerat~n and good faith e~£o~:~ to come into compliance." Northru~ King's Bt corn, developed in collaboration with Monsanto using its Yi¢ld~aZd =ethnology, wa~ registered on Augu$= $, 1996, and =he company has been sellln~ seed =o U.S. farmers since then ~or next seaoon'$ plaDtings. According to reDo:ts, the con, Deny expected to sell out by uhe end ~f =he 1996, and is pro, coting 500,008 ~o one mill~on acres planted wl:h the company's meed by next Sp~lng. Sources~ Ag:ow: World Crop Protec:ion Neus, Novembe: 15, November 29 & December 13, 1996; EPA News Release, Region Novemb=r 4, 1996; Minneapolis Star Tribune, November ~, 1996; The Gene Exchange, D~cember 1996; ?~eventing Pesticide- related Illnesz in Call~rnia Agriculture, William Pease, et al., 1993; Pesticides in th~ Home and Community: Wealth an~ policy alternatives, J.c. Robinson et al., 1994. Omntact~ PANNA (see below). Pea=icicle Action Network No~th ~hone: {415) 541-9140 Fa~:{415) 541-9~53 ~mail= panna~panna.org h=t~//ww~.panna.org/panna/% ~ANNA, 116 New Mon%g~mery, .{-T~ subscribe tO ~A~U~$ sen4 email ~o MAJORDOMO@ig~.ap¢.~g~ with the following :ez~ on one line: subscribe panups To uns~sc=ibe send the ~ollowing: ['For basic information abouu ?~A, send an email me,sage to panna-in~o~i~c.mpc.ozg 10/27/97 11'.26AM" · 11/'10/'97 11:31 '~'707 468 1660 MECEEF ~001 , Author: EpStein <naraOfo@jps.net> at ~internet Date: 11/05/97 07=14 AM Priority: Normal TO: Allen Cooperrider at 1PO~MAIN Subject: PANUP$: Denmark Considers Wide Ban ....... ~essage Contents >DatQ: Tue, 04 Nov 1997 15:38:30 -0B00 (PST) >X-Conference: panna.panup~ >X-Conference: panna.panups >From: panupdates~igc.apc.org >Subject: PANUPS: Denmark considers Wide Ban >To: Recipients of conference <panups@igc.apc.org> >X-Gateway: conf2mail@igc.apc.org >Errors-To: owner-panups@lgC.apc-orq >Lines: 98 > > > ~ A N U P S > > pesticide Action Network > North America > Updates Service > http://www.panna.org/panna/ > EMAIL: panna@panna.org > >November 4, 1997 > >Denmark Considers Total pesticide Ban > >In response to calls from members of parliament to make the >country totally organic by 2010, the Danish government is >initiat%ng an assessment of the impacts of a total pesticide >ban in the country. The Danish Environmental Protection >Agency (EPA) is establishing a committee of experts to >analyze how a ban would affect the country's economy, >~nvironment, health, employment and agricultural production. >The committee, which will hold its first meeting in late >1997, will deliver a report to the Ministers of Environment >and Energy by the end of 1998. > >Officials ~rom Denmark's EPA stated ~hat the committee i~ not >charged with making recommends%ions, only with assessing the >feasibility of Oifferent plan~, i~cluding total and partial >bans. ~ccording to Nina Hemskind of thc Danish ~PA, "the >proposal does not automatically mean that Danish agriculture >will 90 totally organic in the next few years, it is just one >of the scenarios that we are seriously considering." > >The committee of experts will include representatives from >government, the food and chemical industry, labor and >environmental, health and consumer organizations. It will be >a~isted by four sub-committees comprised of independent >scientific experts. These w~.ll study the consequences of a >pesticide ban on farming in general; economics and >employment; environment and health; and legislative issues. >The legislative committee will focus primarily on how such a >policy would affect relationships with othem European Union >(~U) member states. > >Je~per Lend-Lateen, an official with the Danish General >Workers union, which has been campaigning to phase out all >pesticides, stated, "I hope the committee will recommend a >total pesticide phaseout within a couple of years, and we are 11/10/97 11:32 '~707 468 1660 HECEEF > >The Danigb~EPA recently announced bans and sev__~e >f~-~ictions on ten pestlcid_es_.$~ consider~ "=erious~y >~-~gin_~" t° health,_ the ~nviro_n~_e~ or bo%h.-T~es~ include ~~methrin, d~chlorvos, dlquat{ ~enarxr~_o , ~ zati 6 iDrodione, third-m, trifluralin and vinulozo]ln. ~ua ~ ..... , >~ e~estriction~ will come into e££ecf he~t yea~ ~ollowing >comDletion of reviews under the country's re-registration >process. This w%l.l bring the total nD]hber or pesticide bans >and severe ~es~ric~lon$ in Denmark to approximately 30 sin~e >1994, when Denmark banned atrazine._cyan~zinet hexazino_ne, >lindane~oaraquat, propachlor an----d thiabendazole. B-~ns anO >~-~vere restrictions" on'an aooiuionai ±z pest~id~ ca~e into >effect earlier thi: year. These included 2,4-D, ~a~omet, >diazinon, di~hlobenil, dichlorprop, dichlorproP~ >h~ydrazide~_, MdPk, meco-ro6,p . mecoprOp-'p,., tniopnanate-methyl_~ . _ _ and >ziram. In addition, the Danish EPA announced ~n 1996 that >approximately 100,~~.aroGhen~icals considered >effects will be phased o~~ b~- >In related news, the Danish agrochemical association (DAF) >said recently that pesticide sales in the country fell by 32% >in 1996. They stated that industry me~bers had expected this >decline because 1995 sales were artificially high due to >advanced purchases in anticipation of new and higher =axes >under the Danish Pesticide Act, which came into effect on >January ], 1996, and not because of increased usage. > >SourceS: Pesticides News 37, September 1997, The Pesticide~ >Trust; Agrow: World Crop Protection News, September 12, >August 15, July 11, 1997, and October 18, 1996. > >Contact: PANNA. > Pe~ticide Action Network North /~nerica (PANNA) >~ Phone:(415) 541-9].40 ~'ax:(415) 541-9253 >1 Emac].: panna~panna.org htt~://www.panna.org/panna/ >~ ~ANNA, 116 New MontSome~y, #810, San Francisco, CA 94105 >~*To subscribe to PANUPS send email to MAJORDOMO@igc.apc.org >1 with the following text on onR line: su/~scribe panup~ >1 To unsubscrlbe send the following: unsub~c£ibe panups >l'For basic information about PANNA, send an emall message >1 to panna-info@igc.apc.org > > > ~on ~pstein Research Professo~ Institute for world Religions 2304 McKinley Avenue Berkeley, CA 94703 (510) 848-3440 namofo@jps.net Lecturer Philosophy Department San Francisco State University 1600 Holloway Avenue (415) 338-3140 epstein~athena.sfsu.edu "Genetic Engineering and Its Dangers": http://userwww.sfsu.edu/~rone/gedang~r.htm DISTRICT 1 ROADSIDE VEGETATION MANAGEMENT ADVISORY COMMITTEE MEETING MINUTES Thursday, September 18, 1997 Attended: Rick Knapp, DRVMAC Chairman, District Director Marty Van Zandt, Caltrans District 1 Thom Niesen, Caitrans District 1 Bob Melendez, Caltrans District 1 Helene Carroll, Caltrans District 1 Els Cooperrider, Mendocino County Botanist Patricia Clary, Californians for Alternatives to Toxics Sheelagh Maureen Oliveria, Organic Gardener Jennifer Puser, Assemblywoman Virginia Strom-Martin's Office Kendall Smith, Senator Mike Thompson's Office Patricia Bauer, California Native Plant Society Thomas Tarp, California Department of. Forestry Rene(~ Pasquinelli, State Parks Absent: Christine Wright-Shacklett, Regional Water Quality Control Board Yvonne Bones, Native American Basketweavers James Buckles, Del Norte County Department of Agriculture Marc Lappe', Center for Ethics and Toxics Marvin Goss, Watershed Management Donna Lowdermilk, Lake County Coalition for a Healthy Environment and Life Jim Leddy, Senator Thompson's Office Visitors: Jennifer Malcolm, Caltrans District 3, Landscape Architecture Chuck Williams, Organic Gardener/California Native Plant Society Britt Bailey, Center for Ethics and Toxics Joan Curry, Mendocino Resident Margaret Bray Colby, Mendocino Resident The meeting was held at the Russian Gulch State Park near Fort Bragg. Introductions: Rick Knapp Rick welcomed all members of the committee and visitors and told the visitors they Would have an opportunity to speak at the end of the meeting. DRVMAC Minutes September 18, 1997 Page 2 .Update on Developments since Last Meeting - Rick Knapp Redwood National and State Parks in Del Norte County - Rick explained that Caitrans ' has agreed with Parks to limit spraying to guardrail and traffic control devices in areas through Park lands or where Park land is adjacent to Caltrans highway right of way. Ukiah City Council meeting held Wednesday, September 17 - Rick and Marry attended this meeting and presented a plan to the Ukiah City Council to reduce Caitrans herbicide use in the City of Ukiah by one-half by not spraying along the roadside, and only spraying around the median, on- and off-ramps for sight visibility and landscaping. The Council delayed taking action u0til the City's presentation the first Wednesday in October. Britt Bailey asked what Caltrans hoped to accomplish by presenting this plan to the Ukiah City Council. 'Rick explained the process that has been established and that each city and county has the choice to continue or discontinue the herbicide program within their jurisdiction. He said that Ukiah was the last city to make a decision. He also stated that Caltrans does not spray in areas where the highway goes right through town, i.e., Willits, Fort Bragg. Meeting with Native Americans - July 12, a meeting was held at the Robinson Rancheria with representatives from the U.S. Environmental Protection Agency, Department of Pesticide Regulation, County Ag Commissioner, California Department of Forestry, Caltrans, and the Indian Dispute Resolution Services. Rick commented that Caltrans has been working closely with the tribes, i.e., not spraying in areas where native grasses are collected. The next meeting will be held Saturday, September 20, in Orleans. General Information. Rick mentioned that in the future the DRVMAC minutes will be brief. (No more than 4 - 5 pages) Marty stated District I received approval to hire a new Senior Landscape Architect. The State recently increased the maximum mileage rate from 24 cents to 31 cents per mile. Action Items from Last Meeting and Minutes Corrections to Minutes - Page 2 - Patty mentioned that the comparison on pesticide use in Lake County, needs to omit sulphur. Rick indicated that the Department of Pesticide Regulation doesn't break down which pesticides are 'used. Page 4 - 2r~ line from the bottom. Pat Bauer commented that the correct spelling is Mahaffey. Page 5 - 3"d Paragraph: Jennifer Malcolm said native plants should be native wildflowers in regards to spending ¼ of 1% of budget. Renee' asked how Caltrans defines a native plant. Is it a native plant of California or a native plant of the county? Caltrans members D~VMAC Minutes September 18, 1997 Page 3 agreed that there is no standard policy defining a native plant. Thom commented there were many factors involved in determining how to classify a native plant. Status of Donna Lowdermilk's concerns - Per Rick, this item to be continued when Donna is present. Bob handed out information from Toby Jones to committee members present. Marry addressed Els question regarding how subcommittees can be reimbursed for business expenses. Rick said to send a receipt (e.g., for printing) along with an invoice (Include statement which documents expenses and how incurred; attach to Expense Claim) to Caltrans. Rick can't approve anything without documentation. Subcommittee Reports Firescapinq- Els reported that she, Sheelagh, Chuck and Bob held several phone conversations and had met together once. Els distributed a handout prepared by the subcommittee containing several scenarios for DRVMAC's consideration. Els stated that the desire of the subcommittee is to use the native species that grow up to the fence line and plant them along the roadsides. Chuck suggested using different species in each segment of the road edge. Use Iow growing plants near the road edge, slope stabilizers in the ditch, and taller plants near the fence line. Patty suggested devising a chart depicting all the native plants that grow in shady, sandy and sunny areas. Els stated the next step is to choose a site for a project to put their findings to the test.~ Marty suggested a site in the area of the Ukiah freeway (approximately a 1-mile stretch.) Els stated that Caltrans should.hire local botanists and local landscape architects to develop these projects. Rick commented Caltrans is in the process of developing an agreement with Redwood Community Action Agency to dc~ a pilot project in Humboldt County. Els stated a desire to see the use of herbicides completely eliminated. Chuck reiterated that he too wants to eliminate herbicides, but feels that we have to continue to use herbicides to reach a point where native grasses are established. Patty mentioned that CATS had mailed out inquiries to each-district regarding how much landscaping each district maintains and their herbicide use, and had received replies ' from all but three of the districts. Marry asked Patty to provide him with the names'of the three districts that hadn't replied. Els to contact Jenny Broom from the Department of Parks & Recreation to inquire about obtaining a grant. Chuck commented that in order to have success in using volunteers, someone needs to coordinate the event and organize food. Els commented that she felt that people should receive pay for their work. Native Plant Subcommittee - Members, Renee', Tina, Sarah & Pat Bauer to meet regarding native plants on the coast. Steam - Patty reported on the Canadian Railroad's use of steam. She stated that using steam takes a lot less water than using super-heated water. She also commented that broom can be killed with just one pass of steam. Patty had a two-step short-term proposal for Caltrans. DRVMAC Minutes S;eptember 18, 1997 Page 4 Form a team to travel to British Columbia to investigate the steam machine. Team to consist of a botanist, an engineer, and a roadside maintenance supervisor. Trip to be followed up by a report to the Director of Caltrans regarding the efficacy of steam and the potential for its use on California highways. Obtain a description of the pros and cons and the feasibility of designing equipment to use steam for 1) spot treatments; and 2) strip spraying from an engineer who specializes in the design of specialized equipment for use on highways. Marty suggested having U. C. Davis handle the research and design a project. Marty commented that he is a member of a Caltrans Research Advisory Committee that oversees these types of projects. Rick stated that he would like this proposal run through our Research Branch. 'Marty to send the proposal in once it is prepared. .. Jennifer Malc0m - Native grass/wildflower tests Jennifer handed out papers explaining five (5) different test sites in District 3 and described the results to date. The intent was to establish native grasses to replace existing yellow star thistle. The five sites were as follows: 1. Sutter 99/70 Split 2.. Highway 113 near Davis 3. I-5 near Dunnigan - Most successful test site 4. I-5 North of Willows .5. I-5 South of Willows The sites were each done with a different approach, some using herbicides, some without. Overall, very poor success was achieved. Some of the sites were virtually destroyed by construction and maintenance operations. None of the sites resulted in native grasses without thistle. Next meeting November 20 in Klamath 'at the Yurok Tribal Office. 300 UKIAH, CA 95482-5400 · ADMIN. 707/463-~200 · PUBLIC SAFETY 463-6242/6274 · · FAX # 707/463-6204 · November 18, 1997 Ms. Els Cooperrider Committee to Explore Non-toxic Controls Ul,,iah, CA 95482 Dear Ms. Cooperrider: As a member of the Ukiah City Council, I was delighted to learn that you are working with Cal-Trans to do a demonstration project for non-toxic control of vegetation on Cal-Trans managed properly within the city limits of Ukiah. I have heard of much interest from citizens, staff, and other Councilmembers, for realistic alternatives to the use of toxics for vegetation control. Your committee, I believe, will be providing a service to us ell should it provide a workable model for such control. Please feel free to call On me if there is any way I can help to further this piece of local research and demonstration. Sincerely, ~L~y_y~ouncilmember "We Are Here To Serve" Septe~nber 16, 1997 Mendocino County Board of Supervisors 501 Low Gap Road Ukiah, CA 95482 Dear Supervisors, As Public Health Officer I have been asked by residents of Comptche to speak concerning pesticides and herbicides. I have been reluctant to do so because there is little I can do as health officer. The Department of Pesticide Regulation is not under the Department of Health Services or Agriculture. It is its own department and answers only to the governor for reasons unclear to me. But in view of-your recent '.. decisions to ask Caltrans to stop roadside spraying and as a private citizen, I will speal~ today. As Public Health Officer I am alarmed at Mendocino county's'high cancer rate. A local ' oncologist, Dr. Russ Hardy, feels we have a' high rate of Lymphoma and B cell type cancer. While it is difficult to prove a direct cause and effect relationship with these various poisons and cancer, two recent studies are noteworthy. The New England Journal of Medicine published a July article from Lancet--Britain's premier medical journal~,which shows a linear relationship between blood poly chlorinated biphenyl concentrations from pesticides and the risk of developing non- Hodgkins Lympho~na. This study had age, ~ex, and race matched controls. Also, Israel, since banning chlorinated pesticides and herbicides, has a decreasing level of breast cancer. (Garlon is a chlorinated herbicide.) Although it is difficult to prove an association, certainly, this is opposite of the trend in the United States and other industrialized countries. . Intuitively we all know that exposure to toxins in our environment is harmful and that "safe levels" are pure speculation because you Will never have matched controlled studies done before these chemicals 'are approved. On a personal note, my wife, 'who is also a physician, and I don't use pesticides or herbicides and try to minimize'our family's risk by purchasing organically grown food and beverages. And we certainly wouldn't want the property next to us sprayed with herbicides. · o · . However, Garlon is being Sprayed over thousands Of acres of forests 'amongst an ever increasing rural population. Louisiana-Pacific arid tl~e state tell us that it .is safe. We were also told that 'DDT, 2,4,5-T, PCB's, Agent Orange, Methyl bromide, and cigarettes were safe. . - . I would like to share witli you something I received in the mail yesterday. Two drugs, Pondimin and Redux, both deemed safe by the' FDA after years of study, were re~noved from the market voluntarily last Friday by the manufacturer Wyeth- Ayerst Laboratories. Over a million presciptions were written for these drugs last year, many right here in Ukiah. Why the withdrawal? Because 125 people on this .drug have shown an unusual heart valve disorder, 24 of these people required a heart valve replacement. Let me'read from their letter: "Wyeth-Ayerst is taking this.action on the basis of new, preliminary informatiOn regarding heart'valve 'abnormalities in patients using these medications.. Even though this information is not derived' from a thorough. clinical'study and is difficult to evaluate, the company is taking the most prudent course of action. Wyeth-Ayerst is committed to safeguarding the health and well- being of patients and ensuring that health care providers have the latest medical information. We need to .recognize that what is profitable for industry, may pose serious health risks to the people. The public health should be' the Priority here.' Prove to me that breast cancer, lymphomas, and. infertility, among other problems, are not caused by these chemicals or combinations thereof.' Just as the grape and apple industries in this county are increasingly becoming organic, so should others f'md non-toxic alternatives for the control of weeds' and pests. and other such problems. , Thank you very much for your time. Sincerely, Marvin Trotter, M.D. Public Health Officer Mendocino Coun~ Public Health Dept. 500 Low Gap Road Ukiah, CA 95482 Phone(707) 463-4461 ITEM NO. 9b DATE' December 3. 1997 AGENDA SUMMARY REPORT SUBJECT: Disposition of Surplus Property- Assessor's Parcel Nos. 156-160-06 and 156 180-03 This item will be considered after the closed session item 12c. RECOMMENDED ACTION' N/A ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted)' N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised' N/A Requested by' N/A Prepared by: Larry W. DeKnoblough, Assistant Redevelopment Director Coordinated with: Candace Horsley, City Manager Attachments: N/A Ca'dace Horsley, City~,Manager ,, LD prop.asr