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HomeMy WebLinkAbout2003-03-05 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 5, 2003 6:30 p.m. RESUME 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Presentation Regarding Cable Public Access Channel 4. APPROVAL OF MINUTES M/R~(5~) a. Regular Meeting of February 19, 2003 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption of Resolution 2003-28 Authorizing Fire Chief to Sign Agreement with California Department of Forestry Regarding Use of Federal Excess Property b. Adoption of Resolution 2003-29 Restoring On-Street Parking at 953 and 955 North State Street c. Approval of Lease Renewal for Rusty Bowl BMX, Inc. d. Approval of Lease with North Ukiah Little League e. Notification to the City Council Regarding the Purchase of Sodium Bisulfite From Basic Chemical Solutions For The Sum of $337.60 Per Dry Ton Mayor Read 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subj ,ect is not listed on the agenda. 8. PUBLIC HEARINGS (6:45 P.M.) a. Denial of Appeal Filed by Safeway, Inc. Concerning the Planning Commission's Disapproval of Its Use Permit Application For a Fueling Station "~"~':~iM~C~'~:'~'~ ........ ~':.~en~ng:~i~~~a"~ '~' ~ ' ~"~a~f'~,' I~l~h~i~,~' ' ~ '~ ........ ~'~'"' ' '~ 1 UNFINISHED BUSINESS a. Approval of Memorandum of Understanding For the Russian River Watershed Association 10. NEW BUSINESS a. Report Regarding the Current Status of the Electric Utility b. Consideration and Possible Action Regarding Ballot Measures For November Election c. Introduction Of Ordinance Adding Section 7154.5 To The Ukiah City Code Prohibiting The Parking Of Vehicles Six Feet Or More In Height On Certain Streets Or Portions Thereof M/RC (5-0) Introducinq Ordinance d. Report Regarding Russian River Biological Assessment Flow Alternatives e. Adoption of Resolution Establishing Agenda Order for Council Meetings 11. COUNCIL REPORT 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13. CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO. 9a DATE: March 6, 2002 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION WITH PROPERTY OWNER REGARDING THE PALACE HOTEL The Palace Reuse Study has been completed and was presented to the City Council by our consultants on December 5, 2001. They have also met with the Palace Hotel owner, Ms. Laines-Ganulin. The Reuse Study provided an in-depth analysis of possible revitalization projects for the Palace as well as cost and financing projections. The Council has invited Ms. Laines-Ganulin to attend this Council meeting so that they may discuss the owner's intentions, time frames, and funding mechanisms for improvement of the Palace Hotel. RECOMMENDED ACTION: Discuss the Palace Hotel with owner Ms. Laines-Ganulin ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Attachments: N/A City Council Candace Horsley, City Manager None APPROVE~ . .~...-, ~c,,.,s,,,~,c~.~ Candace H°rsley' Ci~'y-lanager CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 5, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Presentation Regarding Cable Public Access Channel 4. APPROVAL OF MINUTES a. Regular Meeting of February 19, 2003 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Sm CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption of Resolution Authorizing Fire Chief to Sign Agreement with California Department of Forestry Regarding Use of Federal Excess Property b. Adoption of Resolution Restoring On-Street Parking at 953 and 955 North State Street c. Approval of Lease Renewal for Rusty Bowl BMX, Inc. d. Approval of Lease with North Ukiah Little League e. Notification to the City Council Regarding the Purchase of Sodium Bisulfite From Basic Chemical Solutions For The Sum of $337.60 Per Dry Ton 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. PUBLIC HEARINGS (6:45 P.M.) a. Denial of Appeal Filed by Safeway, Inc. Concerning the Planning Commission's Disapproval of Its Use Permit Application For a Fueling Station 9. UNFINISHED BUSINESS a. Approval of Memorandum of Understanding For the Russian River Watershed Association 10. NEW BUSINESS a. Report Regarding the Current Status of the Electric Utility b. Consideration and Possible Action Regarding Ballot Measures For November Election c. Introduction Of Ordinance Adding Section 7154.5 To The Ukiah City Code Prohibiting The Parking Of Vehicles Six Feet Or More In Height On Certain Streets Or Portions Thereof d. Report Regarding Russian River Biological Assessment Flow Alternatives e. Adoption of Resolution Establishing Agenda Order for Council Meetings 11. COUNCIL REPORT 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13. CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA ITEM NO: MEE'r~NG DATE: March 5, 2003 SUMMARY REPORT SUB3ECT: PRESENTATTON REGARDTNG CABLE PUBLTC ACCESS CHANNEL 3ay 3ohnson, Director of the Mendocino County Information Services Department, met with City staff last week to discuss an idea that he has formulated for developing and funding the public access cable channels throughout the County. Mr. 3ohnson has been asked to present his plan to the City Council to keep you updated on the latest information and ideas that are being discussed for public access television. RECOMMENDED ACT]:ON: Receive presentation. ALTERNATTVE COUNCTL POLTCY OPTTONS: None. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager .lay Johnson, Director of Information Services Dept., Mendocino County None Candace Horsley, 4:CAN/ASR. publicaccesschannel.30503 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 19, 2003 The Ukiah City Council met at a Regular Meeting on February 19, 2003, t which had been legally noticed and posted, at 6:32 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin Staff present: Community Services Director DeKnoblough, Fierro, City Manager Horsley, City Attorney Rapport, Planning Dire, Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Community Services Director DeKnoblough led it City rump e of Allegiance. 3. PRESENTATION 3a. Northern California Power A~ Councilmember Smith advised that the City participating in the NCPA. A NCPA video titled displayed. ~r Ilowing rson. er Smith ~s one of 15 members Power to People" was Mayor Larson announced th~ needed at this meeting. H~ Discussion and P~ Councilmember Andersen, soon~ of public attendance at this meetinc. will be heard prior to Unfinished Bu~ Council revealed th~ osed session is has been a to hear item 9e, War Against Iraq- ~n the of the large amount conse~ of Council that the matter 4. A 4a.R~ Council in the ber B .~nded inning with on page 6, that the first sentence ~cilmember Baldwin, be deleted. Councilme~ regarding the he appreciated the effort to expand comments Construction agenda item. carried ~ith, the Regular Meeting Minutes of January 15, 2003, following roll call vote: AYES: Councilmembers Rodin, Iwin. NOES: Mayor Larson. ABSTAIN: None. ABSENT: OF MINUTES of February_ 5, 2003 Ivila noted a correction on page 5, concerning the sentence above the 9a. The sentence should read, "It was the consensus of Council to report." Regular City Council Meeting February 19, 2003 Page 1 of 10 Councilmember Andersen noted a correction on page 4 that the second name listed should be "Jay Ruzicka. He also noted a correction on page 8 in the fourth paragraph of the spelling of "Dotty Coplen". M/S Smith/Andersen approving the Regular Meeting Minutes of amended, carried by the following roll call vote: AYES: Coun( Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSENT: None. None. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Smith/Andersen approving items a through g a. Approved Disbursements for Month of Janu~ b. Awarded Bid for 3/4 Ton Truck with Utility Group For the Sum of $20,472.38; c. Adopted Resolution 2003-25 Removing Loading Zones at Two Locations on South Dora Stre~ d. Adopted Resolution 2003-26 Removing 40 Lineal Feet Mendocino Drive Adjacent to e. Authorized Execution of Am. in an Amount Not to the Vertical and H~ Approve Budget Amendment in Approved Agreements with Men. Provide Employee, Grand Juror, Rejected Clai es Rece Powers Empire g. Fleet and Establishing Bus Along Engineering n to Further Define oration Yard and ar Court of California to e Ayala and Referred to Joint Insurance Fund. Mi ;d by the roll call Smil , and Larson. NOE~ : Councilmembers Rodin, Andersen, ABSTAIN: None. ABSENT: None. 7. Al Jane Kardas con~ recomm from ITEMS Green advised that they had previously provided Council with Segway scooters. On behalf of the California Council of the ~:the City Council consider an ordinance banning this type and expressed safety concerns for blind and disabled ~ discussed an incident whereby the vehicle he was driving was pull ~ce and he felt it was a case of racial profiling. He described the incident more bilingual officers be hired on the City's Police Department. 9~ ~ssion and Possible Adoption of Resolution Opposing War Against Iraq- .~mber Andersen Regular City Council Meeting February 19, 2003 Page 2 of 10 Councilmember Andersen advised that he is requesting that Council consider passing a resolution opposing preemptive military action against Iraq. He expressed concern that a war with Iraq will deepen already massive budget deficits, divert crucial ng from programs at the local level, and increase the tax burden on concerned that a war with Iraq violates International Law and is simply a vi United Nations Charter for one country to wage war on another without immediate attack. People are concerned that a war with Iraq will resul loss of lives and may result in the use of weapons of mass destruction. He addressed comments by some that say that the inappropriate venue in which to raise this multi-faceted and argued that City Councilmembers are the elected official., represent and that going to war with Iraq will affect another. By bringing this resolution forward, he is of our armed forces today or those brave He explained the need to reject violent action. use diplomatic and international efforts like build and promote democracy and respect for human Ukiah solutions, and isarm tyrants, and und the globe. Those voicing their views in support of the proposed Gordon, William French, Jr., Jo Connerton, Diane Paget, Dotty Coplen, Barry Vogel Wurtheimer, Catrina Rolzin~ Kardus, Miles James Dan Hamburg, Cooper, Susan Those voicing their views in o Patricia Haley, James Mulheren, Trin resolution were Utah and Ronk-Shimka. John resolution religil the second sentence of the proposed wording be inserted, "Whereas, a political, cultural, social and angerous place." Councilme~ probably goin! is strongly opposed to war but felt we are ~ve a war. He voiced his opposition to the idea that he should this resolution because he did not agree with it. He expressed il was elected to speak for the citizens of Ukiah on City should be speaking about his own personal beliefs on A n r of constituents have told him that they do not want him to and that they will take care of expressing their opinions. He the resolution is written, especially the ending where it promotes policies and programs that will peacefully promote democracy and a for human rights In Iraq and throughout the world, and that is what we all Rodin advised she's convinced that this is a local issue and it affects s. She disagreed with Councilmember Smith's comments about not being able to for the people of Ukiah. She discussed national polls of people favoring waiting Regular City Council Meeting February 19, 2003 Page 3 of 10 until there is convincing justification to go to war and that there is a yearning globally for voices to be heard on this issue. If we believe that we should not preemptively go to war with Iraq and we don't say anything that we're complicit, and that silence is ity. For that reason, she will support the resolution. Councilmember Baldwin felt that the best way to support the troop: assure that they are not sent in to risk their lives for an unjust ca everything is tied together; our attitudes about this war reflect our justice, land use, and concern for the future of this community. democratic decision and there is no referendum for this war. He hope from the march that took place in San Francisco audience in attendance at this meeting. He stated he resolution. that Mayor Larson discussed how he has stru( about the appropriateness of the City Council to the proposed resolution or any statement expressed interest in some wording in the resolutio~ City Council of Ukiah is resolving it and they are five people to govern the City. They should also speak their to the community. He thought of town hall meeting in which This is an important process. exercise with regard tnd its citizens. He to the fact that the who are elected by de leadership ~erates a form is and concerns. Councilmember Andersen d spend our tax dollars on and refer statement. He discussed the estim could be used fo~ :1 projects representatio~ !uals who issue, he doe City Co which is fi als w[ re as to what we want to mentioned in his opening a war and how those funds With regard to the issue about want Council to speak for them about this "City of Ukiah". It says the "Ukiah elected by people in the community to M/S Ander,' ~lution 2003-27 with an amendment to delete the second of the proposed resolution and replace it with "Whereas, a atta~ Iraq will exacerbate international, political, cultural, social, and s, world a more dangerous place, carried by the following roll ;: AYES: 9rs Rodin, Andersen, Baldwin, and Mayor Larson. NOES: ABSTAIN: None. ABSENT: None. Recessed: p.m. Reconvene p.m. lED BUSINESS ! of General Plan Housing Element UI3date Committee Director Stump advised that the City Council directed Staff to extend the for General Plan Housing Element Update Committee members. In response, Staff issued two separate press releases to recruit interested people who are Regular City Council Meeting February 19, 2003 Page 4 of 10 young adults, renting, and have aspirations to purchase a home. Council also requested recruitment from the senior citizen population in order to make the committee more diverse. Staff received one letter of interest from Mr. William Fren( represents the younger community and is also a renter with aspirations to recommended Council approve the composition of the Committee to General Plan Housing Element Update process. M/S Baldwin/Smith approving the proposed membership of the Element Update Committee, carried by the following roll Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor ABSTAIN: None. ABSENT: None. vote: NOES: sing S: 8. UNFINISHED BUSINESS 8b. Consideration and Possible Action Re Conduct Policy City Manager Horsley advised that the meeting time and place, preparation and presiding officer, and rules of order for decorum, meeting. She added other sections including responsibil Councilmembers, as well as Council conduct with one ano! public, and Council conduct with agencies. sions to Procedures of ,~s cont~ etails regarding the and duties of the otions during the Council )r Mayor, Vice-Mayor and with the Discussion followed regardir addresses Council about th as when imber of the public Councilmember Rodin drew att~ Procedure/Disqualifications" and inq that a Councilm~ of interest on Policies, item "IV, Voting ~hould be changed to reflect when they have a conflict City seat adol Rapport is not required to leave their and it is up to Council whether or not to It was the ce to influ s of Council that a Councilmember who has a conflict of interest the room and may remain seated if they wish. However, it was remain in their seat might give the impression that )uncil. Therefore, it would be appropriate to have them sit address Council on the matter as a member of the public. It =il that the wording "and leave the Council Chamber" be section of the Policies. 9rs. ant. Andersen suggested a more formal orientation process for new He also inquired about touring City facilities such as the water CI ilmember Rodin commended the City Manager's arrangements for her to tour various facilities. Regular City Council Meeting February 19, 2003 Page 5 of 10 office for making the Councilmember Andersen discussed section 11 regarding "Minutes/Request for Detail" with regard to a request for a verbatim transcript of any portion of the ' tes and that Councilmembers can request that the minutes reflect why they certain way. Mayor Larson discussed page 1 of Attachment 2 and that the vari Mayor should be organized as to ceremonial functions and responded to Councilmember Andersen's comments regarding that it is a more recent addition to the Policy. He went on to dis( plans to digitally recorded Council meetings and possibly, ming once that is in place. of the He nutes al Iion minu City Clerk Ulvila advised that if any Coun~ included in the minutes, they should state that the record." would like their statem~ ,'omments included It was the consensus of Council to include staff's bring it back for official approval. ts into the Policy and to 9. NEW BUSINESS 9a. Ap_Droval of Contract with General Plan Hou~ Planning Director Stump received two proposals from Update Committee and staff met o~ selected PAS & Associates as the n~ very creative, g~ planning pri~ contract wi a cost proje Revised Proposals (RFP) and The Housing Element nterviewed both firms and explained that PAS seemed is interested in progressive recommended the City Council approve a General Plan Housing Element for to a timeline for completion of the M/S Smith General Plan with PAS & Associates to prepare a revised Element for a cost not to exceed $37,490, except for minor zed by the City Manager, And ~dvised that as a member of the Committee, he was very from PAS and noted his interest in mixed use and cluster by the following roll call vote: AYES: Councilmembers ith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: )ne. [SS of Settlement Agreement in Shoemaker v. Ukiah Regular City Council Meeting February 19, 2003 Page 6 of 10 Rodin, None. City Attorney Rapport advised that he provided the staff report to Council and, if approved by Council tonight, the staff report would be available to the public after the agreement is signed by both parties. M/S Smith/Rodin approving Settlement Agreement in the Shoemaker v. carried by the following roll call vote: AYES: Councilmembers Rodin, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ;n, Smitl 9. NEW BUSINESS 9c. Approval of Engagement of Legal Services Letter with City Attorney Rapport advised that Rick Jan/is has litigating Clean Water Act cases and dealing with Jack Russian River. He is currently representing the cities Clean Water Case brought by River Watch. Law onsidE les on and Fort Bragg in a There was discussion concerning the especially related to conflict of interest. other the cities' settlements with the Northern Califorr: and Catch. modifications, as to the status of M/S Smith/Rodin approving engagement of Legal Sen/i Nave law firm and g the Manager to sign the following roll call vote: AYES: Rodin, Anders Mayor Larson. NOES: with Meyers, by the :h, Baldwin, and 9. NEW BUSINESS 9d. Discussion of Inland Water City Manager Horsley advised that Board of Su II be holding a issues. Inlan of the benefits ~eir agency on the has their Role that the Mendocino County ~ary 26, 2003 to talk about water Power Chair, Janet Pauli, asked if each of their they feel about the IWPC and the discussed )s and cons of IWPC and that everyone water rights as a vote. One idea that was circulated by Power Authority's (JPA) representing the d work on local issues and with the Mendocino (Water Agency) to resolve issues. coast and i County Water ~mber that Mr. Stretch, the current acting Water Agency Counsel to comment on the degree of jurisdiction of the out ti has a lot of power that they have not exercised. He JPA reement which states that "The Commission shall have the apply for additional water rights or otherwise develop new water on its on behalf of its member agencies" unless certain things happen. He the City should protect and defend it for the time being since it is a inquired as to what the effect would be if the County withdrew from the ~d if it would weaken, strengthen, or jeopardize it's existence in any way. Regular City Council Meeting February 19, 2003 Page 7 of 10 City Manager Horsley stated that if Council approves, the City should make a statement at this upcoming meeting that if the County Board of Supervisors is interested in the water agency having a larger role, then they should meet with the City and other districts that are involved and discuss it openly. City Attorney Rapport explained that the JPA does say that if any pursue water rights or a water project, it has to give the JPA the o that project first, before it does it on its own. He responded to conflicting plans or use of water by explaining that the pu attempt to speak with one voice when dealing with federal agencies Councilmember Smith voiced his support and City Attorney Rapport noted that he did not see and felt that there are other ways in which the with the IWPC if they wanted to put more agency. They could have a full time staff available to be used in pursuing projects by effective. ~er intere= 'ning to ~ing inconsistent with the JP~i~ more cooperative¥ Ig an effective water irces that would be that would be most Councilmember Andersen exp under funded, understaffed an~ would be a horrible thought it would make mt individual districts, he concurred Agency is ~ouse. He felt it time. Although he policy instead of views. Mayor Larson noted that the C( General Plan, 'se, but with of our watersl lable did not the City' He felt t should gly support of influence over the City's ~e City some jurisdictional sense needs to be cooperatively managed. He s without us having a say in it. enlarged C He thought developed skepticism about the true motivation for an it relates to General Plan and growth issues. might be coming from those who want to see the Ukiah extent beyond which the infrastructure of the City could handle. It to views. for Councilmember Baldwin or City Manager Horsley :ly at the meeting on February 26the regarding the Council's 10. COUNCl Councilm( al $ er Andersen reported that the Skate Park Committee met last Friday whether to form a 501C3 and the consensus was not to. There were to fundraising that were driving it. They are exploring options for the City to take up the liability issue and the fundraising elements. Regular City Council Meeting February 19, 2003 Page 8 of 10 He advised that he has attended a number of state budget trainings for his job and there are a lot of interest groups in play with the budget. Organized labor will be a big player in the budget this year and he felt that the City could count on them to be an all~ as local funding issues. They are supportive of the Vehicle License Fee fighting realignment. Since there will be a workshop on the budget, he would be possible to have an overview of the state budget process al w we g. where we are at as a starting point for discussions that Council will local level related to projects that the City will be able to fund. He reported that the Mendocino RELEAF planted 40 trees and done. Close to 500 trees were planted in the City through ram is a Councilmember Smith reported that he attended the new president is Richard Mosher. At that meetif approval of the StreetPrint crosswalk intersection. Everyone was very receptive of ti analysis of the Governor's budget is new and Board meeting and ~y discussed the City Council' e and Perkins legislative analyst's He attended the City of Ukiah Employees' Credit Unio evening. The MTA Board meeting was held in Willits beginning proposals for next transportation issues. ~er and had an enjoyable ~ey discussed s budget on He attended the Pomolita enjoyed the program. February 14th and Councilmember Baldwin reported Commission ~d the City Mar new issues al the arrived "year and conw~ ~at the gre; Inland Water and Power attendance. There are no major topic was latter already discussed by Council earlier in hat below th, reservoir a pitiful number of fish at the I Water and Power Commission were he flow, the habitat that is created for the pike minnow, ~n. The same argument that we are hearing the Russian River, these people want to argue from the Eel into Potter Valley is actually a way of helping the River. They are still waiting for results of the reconnaissance about going ahead with the Feasibility Study on the about the that the diversi survive ir they raisin dam. Mayor Concert Ukiah Empll the Ukiah 'that he attended the Pomolita School Mayoral Luncheon and with Councilmembers Smith and Rodin. He also attended the City of ;s Credit Union dinner and found it enjoyable. He continues to work with Coalition Community Outreach and Lobbying Committee. There ots involved and there are sound, technical, mathematically correct constructed to deliver to Sacramento. C~ ,,ilmember Rodin reported that she also attended the Pomolita Concern and ~d it very touching. She commended their dedication. She also attended the City of Regular City Council Meeting February 19, 2003 Page 9 of 10 Ukiah Employees Credit Union dinner. She reported that she wrote ten letters regarding opposition to closing the Ukiah Air Attack Base and sent copies to the recommended individuals. She advised that she has visited every City department and missed the along that was scheduled for last Saturday night. She has had great visit department heads and is impressed with all of the things that are ha City. Her first meeting of the Economic Development Financing Cor technical and she was asked to sit on the SIDS committee that is development for the County. 11. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised that she had a me Manager of the Chamber of Commerce. Ms. would not be participating in the PumpkinFest wasn't something that they wanted to continu~ services. The Committee is going to immediately Chamber's place. She noted the Chamber's good wo vendors and the parade. decided that it Js more on member out who could take the p with all of the She distributed the new M, items that are picked up for the best recycling pro! been given to Council concerning the City will drop a little because wh from weight to volume and our the co-mingled and it will be numbers sho~ e increase charts of i. Ukiah has one of Mike Sweeney had for recycling. Next year, ecame operable, they went number does not include in the year after. Therefore, next year's 12.~ SESSION G. ference with Case NI None needed. Counsel-Existing Litigation Mendocino County Superior Court ,URNMEN Ther, no further the City Council meeting was adjourned at 9:40 p.m. Marie Ulvila Clerk Regular City Council Meeting February 19, 2003 Page 10 of 10 ITEM NO. DATE' MARCH 5, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING FIRE CHIEF TO SIGN AGREEMENT WITH CALIFORNIA DEPARTMENT OF FORESTRY REGARDING USE OF FEDERAL EXCESS PROPERTY In 1996 the City entered into an agreement with the California Department of Forestry and Fire Protection (CDF) for use of Federal excess property in fire suppression activities. The agreement was signed by the then Fire Chief (Director of Public Safety), Fred Keplinger. CDF is updating its records and offering to continue the agreement with current signatories and authorizations. A resolution formalizes the Council's approval to participate. Presently the City has no such property on loan, but the agreement allows the City to avail itself of this program if necessary. Staff believes this opportunity is appropriate and recommends adoption of the resolution. RECOMMENDED ACTION:Adopt resolution Authorizing Application of Federal Excess Property in Accordance with Title IV, Rural Development Act of 1972 (PL 92-419). ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution is to be revised, identify changes, and adopt modified resolution. 2. Determine participation in the program is not desired and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: N/A California Department of Forestry Ron Cohn, Interim Fire Chief Candace Horsley, City Manager 1. Resolution for adoption; 2. August 7, 1996 Agreement for Federal Excess Property Ap p ROVE D:, k'~;~/V(~-~~.~., Candace H'orsley, Ci anager mfh:asrcc03 0305CDF RESOLUTION NO. 2003- j~,,~~-r '~'! RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING APPLICATION OF FEDERAL EXCESS PROPERTY IN ACCORDANCE WITH TITLE IV, RURAL DEVELOPMENT ACT OF 1972 (PL 92-419) WHEREAS, the City Council of the City of Ukiah has authority for the City of Ukiah Fire Department activities; and WHEREAS, there is a need for Federal Excess Property to help fight wildland, rural, structure or other fires; and WHEREAS, Ronald Cohn is the Chief of the City of Ukiah Fire Department. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby accepts Agreement Number 991124 between the State of California, Department of Forestry and Fire Protection and the City of Ukiah Fire Department for the Loan of Federal Excess Property, and authorizes Fire Chief Ronald Cohn to sign the agreement on behalf of the City of Ukiah PASSED AND ADOPTED on this 5th day of March 2003, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 The Resources Agency Department of Fores=fy & Fire ProtecTion Aqreement fo__~r Federal Excess · · Agreem~ for Acquisition, Accountability, Use and disposal FEDERAr- EXCESS PROPERTY Under the Rural Community Fire Protection Program of the Cooperative Forestry Assistance Act (CFAA) of 1978. Between The State of Ca~ifornia and Ukiah Fire Department THIS AGREEMENT FOR FEDERAL EXCESS PROPERTY, made and entered i~o this ~ day of ~~ ., 1996. , by the between the State of California acting by and through the Director Of the Department of Forestry, hereinafter called the "State", and Ukiah Fire Departmentf hereinafter called the "Local Agency", covenants as ~ollows: A. WHEREAS, the State has been approved as an agent of the U.S' Forest Service for the purpose of administering the Cooperative Forestry Assistance Act of 1978 (PC 95-313) Rural Community Fire Protection Program hereinafter referred to as CFAA, and B. WHE~S, the CFAA has made Federal Excess Property · available fo= use by the Local Agency in developing and maintaining equipment and used or useful in upgrading the fire protection capa~ilit¥ o~ the Local Agency, and C.. WHYS0 the r. ocal Aqency desires =o participate sa~d CFAA. NOW, THEREFORE, it is mutually agreed that, effective as ~he da=e shown above: 1. The Sta=e w~ll loan to ~he Local Agency Federal Excess Proper~¥ descr:l, bed as: under =he fol!owin~ =erms and condi=lons: (a) A/1 such Federal Excess Proper~ loaned will be for an (b) The purpose of ~his loan or assl~llmen= ~s ~o provide Federal Excess Praper~y =o =he ~ocal A~enc7 for ~he primarY purpose of up~radin~ the f~ref~htln~ capabiiit-ff of ~he Local Agent. Use ~ be res~r~c=~ ~o ~h~s p~pose. ~ership s~ll r~n ~ =he Federal Gove~en~. ~e Loca~ Agen~ ~y modify, imp~ve, build-up or re. Ar proper~y ac~r~. ~ Loc~ ~en~ will mar~ ~~in such ~~, si~, de~ls F~ral ~ove~e-=. For ~y ve~cle/s whAch r~ires or ls/~u ~o be literS, ~he S~a~e w~ll deliver ~o ~he ~ocal ~=ff do~n=a=lon ~able for (d) The State and the Local Agency will maintain formal accountabil£ty records for all Federal Excess Property loaned to the Lots/ Agency. Such property will be. made · · ayah/able a= all rimes for a physical inventory which may be made by Federal and/or State personnel. (e) The Local Agency shall be responsible for =he proper care, · security, main=enknce and utilization of this propert-~ to assure its continued use as contemplated herein until such time as the State issues a formal release from such (f) When any proper~ loaned or assigned to =he Local Agency hereinunder is los~, worn ou~, no longer serviceable or no' longer needed. ~he local California Department of Forestry Ranger Uni~ Headquarters o~fice of ~he S~a=e a~ Mendocino Ranger Unit, 17501 N. Highway 101, Willits, CA 95490 shall be contacted for property documentation and handling. 2. In the even= that all of or any one or more pieces o5 equipment provided to the local agency hereunder is assigned, lost, s~olen, worn our, des=toyed, damaged or otherwise rendered useless or unavailable for its purposes in~ended hereunder and i~ is clearly established ~ha~ such asslgnmen~ or loss occurred while or as a resul~ of a use o~her than that stated in above, then ~he Stare shall have ~he rlgh~ and the obliganion to retake such equipment and/or assess the Local' Agency damages up to the value, es~abi~shed by ~he State for each such piece oE equtpmen=o immediately prior ~o such assignment. loss, damage or destruction. 3. In the event of any dispute over any equipment loaned to the ~ocal Agency hereunder or. any o~ the terms or Conditions cont~ined herein, the'disput~-will be decided by =he State and its decision shall be binding and final. 4. The parties hereto agree ~haT the ~ocal Agency, ~heir officers, employees, agents, servants, c~n~rac~ors, volunteers, paid call firemen and o~hers ac~ng on beha~ of ~he ~ocal Agency performing under the terms of this Agreement, are not acting as officers or employees or agents o~ the Stare or of.the Federal Government. 5. The ~ocal Agency agrees to defenc~, indemnify, save and hold · harmless ~he StaTe as defined herein, and the Department of · Forestry,' their officers, agents and employees against any and all claims, demands, causes of ac=ion, or liabili~y of any kind whatsoever arising our of the acrs of ~he ~ocal Agency, agents or employees in the perfformance of any function provided for under the ~erms of ~his Agreement. 6. The period of this Agreemen~ is for a period of one year from the date shown above. The agreement .will be reviewed annually by the Administrative Officer or Schedule A CoordinaTor and automatically extended if no changes (e.g. siqna~ure authority) or violations have occurred. Agreements may be terminated by · either par%y after giving no,ice 180 days-in advance of such termination to ~he other party. 7. Dur:i. ng the term stated in (6), above: th.i.s Agreement, at: t:he option of the St:at:a, may be terminated by the State for any ma1:~rial breach by Local Agency of any of the l:ez-m~ herein. 8. The ma/ling address of the parties hereto, for all notices. payments, repayments or any other 'acTivity required or contemplated under the terms o~ this Agreement excep~ even=ual disDosition of property as provided in No. 1 (f) above, are: Local Agency: City of Ukiah Fire Department , · . Phone: (707} 463-6274 Address: _ 300 Seminary Avenuer Ukiah.z CA 95482' .. State: State of California, Department o~ Forestry, 14~6 9th Street, Sacramento, Cali~ornia 95814. 9. Th~s Agreement may be amended a= any time by mutual consent to permit the addition or deletion o~ equipment. .~ IN WITNESS WHEREOF, the par~les hereto have executed this Agreement as of the day and year ~irst written above.. Ukiah Fire Department Herein called Local Agenc~ · yp ~ STATE OF CALIFORNIA Department of Fores=fy By Chief, Support Services Dare Director of Public Safety By T£tle/Da=e Ranger Unit Administra~or Data ITEM NO. 6t~ DATE: March 5, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION RESTORING ON-STREET PARKING AT 953 AND 955 NORTH STATE STREET SUMMARY: Currently there is no parking permitted along the east side of North State Street at 953 and 955 North State Street. Steve and Melanie Pardini requested permission to restore on-street parking in the vicinity of their property at 953 North State Street. Please refer to Attachment 2 for a location map. The Traffic Engineering Committee (TEC) reviewed this request at its regular meetings of December 17, 2002 and February 18, 2003. During review, the TEC noted there is adequate street width at this location for two northbound travel lanes and curb side parking. The TEC recommends approval of the restoration of on-street parking at 953 and 955 North State Street. Representatives of businesses at both locations support the restoration of on-street parking. Approximately six on-street parking spaces will be restored by adoption of the attached resolution. RECOMMENDED ACTION: Adopt resolution restoring on-street parking at 953 and 955 North State Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Steve and Melanie Pardini, Nelson Autoglass, 953 N. State St. and Jason Luthringer, Furniture Warehouse at 955 N. State St. Diana Steele, Director of Public Works/ City Engineer ~~ Rick Seanor, Deputy Director of Public Works j~.j~ Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED:" Candace Horsley, City'~anager RJS: AG-953-N-StateSt-RestoreParldng .SUM RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH RESTORING ON-STREET PARKING AT 953 AND 955 NORTH STATE STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, there are currently no parking zones along the frontage of 953 and 955 North State Street; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered a request to restore on-street parking at 953 and 955 North State Street within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request to restore the on-street parking at 953 and 955 North State Street; NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does restore on-street parking, at 953 and 955 North State Street. PASSED AND ADOPTED this 5th day of March, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 ITEM NO. 6c DATE: March 5, 2003 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE RENEWAL FOR RUSTY BOWL BMX, INC. The City of Ukiah has leased a portion of the property within the future Riverside Park site to the Rusty Bowl BMX for $1.00 per year since April 1984. The current five year lease has expired and the group has requested a renewal for an additional five years. The site occupied by the BMX track is located between the South Ukiah Little League fields and the river. Staff does not anticipate any conflict with future park development as the BMX track, as it is currently configured and located, is included in the conceptual plan for the Riverside Park. The proposed lease continues all terms and conditions of the current lease, with the additional clause providing for the City of Ukiah to be identified as a sponsor of the program at the site. Staff has met with representatives of the Rusty Bowl group and they are amenable to the proposed agreement. Staff believes the continued use of the property for this purpose is beneficial to the public and recommends approval of the lease as proposed. RECOMMENDED ACTION: Approve lease renewal with Rusty Bowl BMX. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revisions and remand to staff with direction. 2. Determine lease is inappropriate at this time and do not renew. Citizen Advised: Requested by: Prepared by: Coordinated with: Yes Attachments: 1. Candace Horsley, Q~y Manager LDZip2 BMX.O3.asr Rusty Bowl BMX :..d~ Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and Sage Sangiacomo, Community Services Supervisor Proposed Lease LEASE AGREEMENT This Lease, made this 1st day of March, 2003, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the Rusty Bowl BMX, Inc. a corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code { {37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Uldah. AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinai~er expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as the future "Pdverside Park" site, located on City property to the Southeast of East Gobbi Street (Levaggi Lane), County of Mendocino and West of the Russian Kiver, not already leased to the South Ukiah Little League, more specifically described on the attached "Exhibit A". The lease includes the right to use for access the road constructed by the South Ukiah Little League, to provide access to other City owned property. Lessor retains its right to use said road at any time for its own purposes. 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set forth above. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year in full consideration hereof for the use of said property. 3.1. Lessee specifically represents that it does not intend to make a profit on the use of the leased premises. All income derived from use of the leased premises shall be used exclusively to sponsor or promote BMX bicycle racing on the leased premises or for improvements to the leased premises. 3.2. Lessee shall maintain regular books of account which it shall make available to Lessor upon demand for inspection or audit. 3.3. Lessee agrees to provide signage in a location ofvisibility on the leased premises which identifies Lessor as a sponsor of the Rusty Bowl BMX, INC. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of this Lease except as set forth herein. 4.1. Lessee shall use the leased premises exclusively as a non-motorized, bicycle race course and for organized races under the Lessee's sponsorship and supervision. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. However, Lessee understands that Lessor is not experienced in the safe design of bicycle race courses and relies upon Lessee's experience and expertise in designing a safe course under established standards. Lessee will make all reasonable efforts and take all reasonable precautions to design and construct a course that is safe and free from unreasonable hazards likely to cause injury to persons who use the course. Lessee shall conduct races in accordance with the highest standards for safety and shall require the use of appropriate safety equipment by all persons who use the track. 4.3. Lessee shall maintain a six foot security type fence around the entire perimeter of the leased premises, or in an alternative location meeting the approval of Lessor. Lessee shall obtain the prior written approval for the fence before its installation as well as the written approval of the Lessor for the constructed fence. Utilities as needed (water, electric, sewer) shall be constructed underground. 4.4. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for maintenance of all improvements. 4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 4.6. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California. Lessee shall not permit use of the property for any reason a~er the hour of 10:00 p.m. Lessee shall not permit vehicles to park on the premises between the hours of 10 p.m. and 8 a.m., and shall properly post the premises in accordance with Vehicle Code requirements. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or undeflet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INS~CE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its status as a non-profit tax exempt organization'.. b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. AIl persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall immediately thereai~er comply with the workmen's compensation provisions of Exhibit B. 7. TERMINATION. 7.1. This Lease or any renewal thereof, may be cancelled for any reason by either party on sixty (60) days written notice to the other party. 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. 8. ATTORNEY'S FEES. Lessee shall pay Lessor its reasonable costs and attorney's fees if Lessor prevails in any legal action to enforce any of the terms of this Lease. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver ofremedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: TO CITY: Rusty Bowl BMX, Inc. City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. PARAGRAI~H ItEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and superceded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 14. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: By: City Manager City Clerk LD/ZIPAGR Ru~Bowl.03.agr RUSTY BOWL By: It's W W W .J .J ~-w INSURANCE REQUI'REMENT$ FOR L'E$SEE..,c ["NO AUTO · ! ]]IDDER$' A'ITENTION I$ DIRECTED TO 'I']tE INSLrRAHCE REQtff. REMENTS BELOW. IT IS IHGItLY RECOMMENDED THAT BIDDERS CONIFER 'WITIt THEIR RESPECTI'VE ~iSU'RAJ'ICE CARILI'ERS OR BROKERS TO DE']-ERMIiNq~ IN ADVANCE OF ]]ID SUB- ~V[2$~ION q-liE A.. %U-LAJ3IL1TY OF INSURANCE CERTIYlCATES AND E?fDORSEM'EMTS AS PRE$CILII3ED AJqD PROVIDED HEREIN. IF AN APPARENT LOW BIDDER FAJ-LS TO COMPLY ST1LICTLY WITH TiLE I~SURAHCE REQULREMENT$, TItAT I]IDDER MAY lie DISQUA~llq~D FROM AWARD OFT/IE CONTRACT. ' Le. ss~ shall procure and ma/ntain for the duration of the contract insurance against cla/ms for injuries to per, ns or damages to property which may arise from or in cormccdon with thc Lcsscc's opcradon, and use of the lc~cd pmmis~s. Thc cost of'such insurance shall b~ bome by thc I. zsscc. . · · · Mrx~m.'M $cop£ or I. wSURA.wC£ _ · Coverage shall bc at least as broad as: · I. Insurance! Services Office form number GL 000~Z (Ed.. 1/73) coveting Comprehensive General Liability and Insurmcc Sen'kcs Office :form number GL 0404 coveting Broad Form Comprehensive General LiabUity; or Insurance Services Office Oammcrcial Gend~ LiabLlit7 coverage ("occurrence" form CG CC01). . 2..Workers' Comi~nsation ~umncc as required by the Labor Code of thc Siatc of Califom/a and Employers LiabLtity htsumncc. · B. Blm~rtmf Lmm-s orl.sst~.xc£ L~s~ shall mai.g, tMn limits no l~ss thmu :General Liability: $I,000,000 combined single limit per occurrence for bodily injury, pcrsodnl injury and property damage. II' Cornmen:ial General Liability iruurancc or other form with a · general aggn:gatc limit is used. either the general aggTcgatn Limit shall apply sepa.~tcly to Lifts project/location or thc gcn::ral ag§mgau: limit shall bc twice tim required occum:n~ l. isnit. Workers' Compensation and F_.~mploycrs Liability: Workers' compensation limits as required by thc Labor Code of the State o1' California and Employers Liability limits of $1,0C0,000 per · accident. ' . · Any deductibles or sclr. insu~:d retentions must bc declared to and approved by thc City. At thc option of IJ~c City, cithcr: thc insurer shall ~ducc or eliminate such deductibles or acIJ'.Lm'un:d · r~tcnfions ~ r~~'the Cit')', its officers, officials, employcc~ md voluntc, crs: or thc Lcss~: prvcure!a bond guannta:ing payment of losses and mlate, d investigations, chim admLnjsu-ation defense cxl:x:nse.s. The policies an: to co.in, or bd endorsed to con.in, the followbg provisions: · ., ) '1. General Liability ,I · a. The City, iu of[ica:rs, of Hcials, employees ~d volunteers arc to b~ covered' as Ln. su~s a.s respects: liability arising out of premises owncd, occupied or used by the Lessee. Tile coverage shdJ conuh~ no special limitations on thc scope of protection afforded to Lhe City, its officers, officials, employees or volunteers. b. Tile Lessee's insurance coverage shall be primary insur'~ce as respects thc City, its officers, officials, employees and volunteers. Any insurance or sell-insurance maintained by file City, its officers, officials, employees or volunteer.~ shall be. excess of ~hc Lessce's hLsu. ranee md sluxLl not conuibuu: wiLh it. de Any raiJurc to comply with reporting provisions of the potlcics shall not affect cover-age provided to the Cig,, its officers, offidaJ.s, employees or volunteers. Coverage shall sum that the Lesse. e.'s insu:nmce shall apply scpantely m each insured · '~gainst whom claim is made or suit is brought, except with respect to the limits of the insurer's liabilJvl. · 2. Workers' Compensation andEmplolers Li:ab[lity Cover:age .· The insurer shall agxe.: to ,.vaive all rights o£ subrogation against thc City, irs officers, officizls, · employees and volunteers for losses arising from thc leased premises. · :3. .4,11 Coverages . ! ,Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cmcelled, reduced in coverage or in limits except after thirty (30) days' prior wriuen notice by certified mill, return receipt requested, has been given tn the. City. E. ACC£V'r. XBtLtT'Y OFIXstm£~,S_ Fe · Insurance is tn be placed with insurers with a Bcstys. rating ofno less thru A:VII. · · , ¥£Rr~C,~T~O~ oF' · · Lessee shall furnish die City wifli certificates of insurance and with original endorsements cffccting coverage required by Otis clause. Thc certificates ~nd cndorscmcnts for cach i~uumce policy arc to be: sidled by a person aud~ofizcd by that insuri:r to bind covcngc on its bchalL Thc certil'icatcs cndomcmcnts ~rc to be on forms provided by thc City· When: by statute, thc City's workers' · .o · · cornpcn.sation-rclated forms cannot be used. equivalent forms approved by the Insurance Comm{ssioncr are to be a'ub~tuted. All certi~cates and endorsemcnLs are to be received ~-~'~ravcd by thc City bcforc work commences. The City rc. scrvcs the rigJlt mrr. quim comfJlctc. certiticd copics o[' a~ required policics, at any time. · ..' · · · · · ! ITEM NO. 6d DATE: March 5,2003 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE WITH NORTH UKIAH LITTLE LEAGUE The North Ukiah Little League organization has played games on the City owned property adjacent to Anton Stadium, known as "Lions Field", since the field was constructed by the Lions Club in 1956. The field was constructed specifically for the purpose of providing an additional little league facility for the community. The current five-year lease was approved by Council in 1998 and is need of renewal. As with the current lease, the proposed lease extends the five-year term in the amount of $1.00 per year. The Little League will also continue to be responsible for field maintenance and all utility costs. In addition, staff has added the conditions that the City of Ukiah be identified as a sponsor of the program and the City be allowed to utilize the fields during non-season times for recreation programs. Staff has met with representatives of the North Ukiah Little League and they are amenable to all conditions of the proposed agreement. These conditions are similar to the agreements the City has with South Ukiah Little League and Rusty Bowl BMX at the Gobbi Street site. Staff believes the continued use of the property for this purpose is beneficial to the public and is recommending approval. RECOMMENDED ACTION: Approve lease with North Ukiah Little League. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires further revision and remand to staff with direction. 2. Determine approval of lease is inappropriate at this time and do not approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes North Ukiah Little League Larry W. DeKnoblough, Community Services Director/L ~,~ Candace Horsley, City Manager Proposed Lease APPROVED! ~~.~~ Candace Horsley, City~anager LDZip2 NULL.03.asr LEASE AGREEMENT This Lease, made this 1st day of March, 2003, by and between the City of Ukiah. State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the North Ukiah Little League, a corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code { {37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as "Giorno Park", located on City property, more specifically described on the attached "Exhibit A". above. 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set forth 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year and identify Lessor as a sponsor of Lessee's program in consideration hereof for the use of said property. 3.1. Lessee specifically represents that it does not intend to make a profit on the use of the leased premises. All income derived from use of the leased premises shall be used exclusively to sponsor or promote Little League Baseball on the leased premises or for improvements to the leased premises. 3.2 Lessee shall maintain regular books of account which it shall make available to Lessor upon demand for inspection or audit. 3.3 Lessee agrees to provide signage in a location of visibility on the leased premises which identifies Lessor as a sponsor of the North Ukiah Little League Program. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install ail permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of this Lease except as set forth herein. 4.1. Lessee shall use the leased premises exclusively as a Little League Baseball field under the Lessee's sponsorship and supervision. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of'Lessee and shall be approved by Lessor prior to conducting work. 4.3. Prior to beginning baseball activities on the premises, Lessee shall install and maintain sound reduction materials to the backstop at the approval of Lessor and provide for at least one port-o-let sanitary station to be placed on the premises during baseball season. 4.4. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for maintenance of all improvements. 4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for any development proposed under this lease. 4.6. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of Califomia. 4.8. Lessee shall bear sole responsibility for the cost of all utilities and any possessory interest tax which may result due to Lessee's occupancy of the property. 4.9. Lessee agrees to allow use and access to the leased premises during the lessee's non-seasonal times to Lessor for the purpose of Lessor' s recreation programs. 5. ASSIGNMlgNT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees .(No Auto Risks), attached hereto and incorporated herein by reference. 6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its status as a non-profit tax exempt organization; b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall immediately thereafter comply with the workmen's compensation provisions of Exhibit B. 7. TERMENATION. 7.1. This Lease or any renewal thereof, may be canceled for any reason by either party on sixty (60) days written notice to the other party. 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. 8. ATTORNEY'S FEES. Lessee shall pay Lessor its reasonable costs and attorney's fees if Lessor prevails in any legal action to enforce any of the terms of this Lease. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: TO CITY: North Ukiah Little League City Manager Ukiah Civic Center 300 Seminary Avenue U~ah, CA 95482 12. PARAGRAPH I:W~ADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 14. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF LrKIAH ATTEST: By: City Clerk LDZIP. AGR NULL.03.agr .® .® .® INSIfRANCE REQLrI'REMENTS FOR LESSEES (?.tO AUTO RySKSI · ! · I]IDDERS' ATTEHTIOM IS DIRECTED TO T]tE INSURAHCE ]REQUIREMENTS BELOW. IT ils ]HGIILY I~ECON~TEhrDED T~IAT BIDDERS COhq:'ER WIT'it THEYR RESPECTIVE ]bISURA?ICE CARIlfERS OR BROKERS TO DE'I-ER~UJ',~E IN ADVANCE OF BID SUB. ~HSS'lO/'! T]IE A.. Y~U'LMOILI-I~" OF I/'ISURANCE CER'ITF-ICATES ~XlD EF[DORSEi',~EbITS AS PRE$CIUBED Al'ID PROVIDED IIERE]N. IF APl APPARENT LOW BIDDER F~LII. S TO CO~-[?LY STI~ICTLY WIT]-I Tile INSURANCE REQUiRE?dENTS, TIIAT BIDDER MAY DISQUALIFIED FROM AW~UID OF T]IE CONTRACT. · l..e. ssee sh~ procure and maintain for the duration of the contract insurance again.st claims for injuries to pcrsoru or damages lo property, wNch may arise tram or in connection witl~ thc I. csscc's opcraLion and usc of die leased p~mises. Thc cost of mci) insurance shall L~ ~me b), the l..cssce. · M~q3ru.'>l Sco I, £ or I.'~'St,'RA XCg~ -- · Cover,~ge shdl .L2c at least as broad as: · 1. Irtsurancl Services Office l'orm number GL 000~ LTd. 1//3) coveting Comprel~ensive General LiabilJty and Insurance Sen'ices Office :form number GL 0404 covering Broad Form Cor. nprehcnsive General Liabilizy; or Insurance Services Office Commercial Genital Liabilir:' coverage ("occurrence"/o~m CG 000I). . · 2..Winkers' Compensation insurance as re4ui~a.l by tl~e Labor Code. ar the 5ta£e or California and Employers Liability in. sure, cc. · · .~ ~m~rt~g.Lmrrrs or 17,xs t,a.~,,xc; Lr..ssee shall mal~, rain limits no l~s le e General ~iabiliry: $1,000.0C0 combined single limit per occurrence for bodily injury, pcrsorial injury and property damage. I1' Conuaen:ial General Liability Insurance or other form vriti~ a general aggregate limi~ is used· either the general agg-regate limit shatl apply scpas-ately to fids project/location or thc general ag§regau: Ii,nit shall Lx: twice thc rcqui~cd occu rrcnra: limit. Workers' Compensation and -F.~ployers Li..,biliry: Workers' comlxnsation limits as required by the Labor Code cfi fl~e State o[' California and Employers Liability l. haiu o[' $I,CCO.0C~ .:er · · accident. . D £OUCT~nLE.~ Xh'O ~ £LF-IXSb",,£O R ~T'E:','I'IO.~S : . . · Any deductibles or soil'.insured ~ctcntions must Ix: declared lo and approved by tim Cily. At the option.orr the City, either. ~]~e insurer shall reduce or eliminate such deductibles or scU'-hm~rcd General Liabili~./ · · · a. The City, its orfio:~, official~, employ~ ~d volunt=rs are to be cove=cf ax tn.furor. Is ax respect: liability arising out or premises owned, ore, pied or used by the I.:xsee. The covcnge shall contah~ no special limkatiorts on th= scope of protection afforded to City, its omo:r , ornci , employees or ;volunteers. b. The Le.sse..e's insura~¢ coverage' shall be primary tr~ura~c= as respects th: City, its officers, officials, employees and volunmers. Any in.sumnce or sel. r-in. surance maintained by d~e City, its officers, officials, employees or volunteer.; shall be. excess of thc I~ssee's h~-m'anc~ znd sl~J.I not contribuu: with iL. c. .Any faUun: to comply with reporting provisions of th= poLicies shall not affect coverage provided to the City', its or-ricers, officials, employ=s or volunteers. d. Coverage shall sam that die Lesses's instance shall apply separau:ly to each imurr, d again.st whom claim js made ar suit is brought, except with respect to thc limits of th-.. im-urer's liabilirf. · :2. Workers' CompensatlonanclEmployersLiabiliLyC°verage ' · The irtsu.rer shall ao°w-: to ,,valve all rights or subrogation against the City, its offic, zrs, officials, · employe~ and 'voltmt~ers/or losses arising 6'am thc leased premiss. '. 3. .A. II Cover:~ges · . · Each in.suranc: poi.icy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, czncelled, reduced in coverage or in limits except after thirty (30) days' prior wri=en notice b~' eertifi&:l mail, n:mm receipt ri:quested, has been given to the City. · ]~. ACC£FT.tBIL1TY OFINStrR£RS~ . · · · Irtsu'rance is to be placed wkh his'un:rs with a ]3esti'~ ratinl: °r n° lc'ss than A:~' ' · · · ~. ~ERITICATIOH OF COV'E:R.t.G~ __ · I.esso: shall l'urrtish the Chy ;,,'id~ certilica~es o1' Jnsuranc~ and with original cndorscments elTccting covcragc required by this clause. Thc certificates and endorsements for each iluurancc policy arc to be sidled, by a person authorized by that insusir to bind coverage on its behall'. Thc o:rtil'icalcs and endorsement:; arc to be an l'onas provided by thc City. Whcrc by statute, thc City's workers' (p.y,.t,,,:l. lt"...ots s) . · compcr~a~ion-mlat~d forms ~t be used, cq~ivaJer~ £orms · Comm[~ioncr ~r~ ta b¢ s-ub~t~t~d, AJI c~.rjcate, s and ~ndorscmc~ ~-~r~vcd by IJ~ CJr~ bcl'or~ wod¢ corr~menc~, '~t¢ Cky ~'r_scr~¢s Lira rJ~tL ~ rr. quir~ complct~, ccrfificd copie~ ~£ all rr. quir~d policies, at any dine.... ' · · · el. · I e · e · · ITEM NO. 6e DATE: MARCH 5, 2003 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE OF SODIUM BISULFITE FROM BASIC CHEMICAL SOLUTIONS FOR THE SUM OF $337.60 PER DRY TON Each year it is necessary to purchase approximately 25 tons of sodium bisulfite for use at the wastewatertreatment plant. Sodium bisulfiteis used to neutralize the chlorine in the treated effluent to meet the waste discharge requirements of our operating permit. Total quantities are an estimation of annual use. Orders are placed on an as-needed basis by wastewater treatment plant personnel. $1 22,000 is budgeted in Account Number 612.3580.520.000 for the purchase of chemicals. Requests for Quotations through the formal bid process were sent to eight chemical suppliers. Two bids were received and opened by the City Clerk on February 20, 2003. The lowest bid is from Basic Chemical Solutions for the sum of $337.60 per dry ton with a total amount based on estimated annual usage of $8,440.00. A Purchase Order has been issued to Basic Chemical Solutions for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. There are currently no local suppliers for this chemical. RECOMMENDED ACTION: Receive and file report regarding the purchase of sodium bisulfite from Basic Chemical Solutions in the sum of $337.60 per dry ton. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager 1. Tabulation of Bids APPROVED' ~. Candace Horsley, City~ anager FEBRUARY 2003 TABULATION OF BIDS FOR SODIUM BISULFITE SUPPLIER PER TON EST. USAGE Basic Chemical Solutions $337.60 $ 8,440.00 LA Chemical $399.11 $ 9,971.75 AGENDA SUMMARY ITEM NO. 8a DATE: March 5, 2003 REPORT SUBJECT: DENIAL OF APPEAL FILED BY SAFEWAY, INC. CONCERNING THE PLANNING COMMISSION'S DISAPPROVAL OF ITS USE PERMIT APPLICATION FOR A FUELING STATION SUMMARY: On May 8, 2002, the Planning Commission considered the Use Permit application filed by Safeway, Inc. that would allow a 24-hour Safeway discount gasoline station to be developed in the parking lot of the existing Safeway store property located at 653 South State Street. After a lengthy public hearing, the Commission voted 4-0 (Chairman Chiles absent) to deny the Use Permit, because it found it to be inconsistent with goals and policies of both the Ukiah General Plan and Master Bicycle and Pedestrian Plan. It also found the existing parking and pedestrian/auto circulation of the parking facility to be cramped and congested, and that the development of a discount gas station would only exacerbate this problem. The RHL Design Group, on behalf of Safeway, Inc. filed a timely appeal of the Commission's decision. They believe that the Commission's decision was inappropriate and that the 24-hour gasoline station at the corner of Gobbi and Main Streets should be approved. (continued on page 2) RECOMMENDED ACTION: Conduct a public hearing and deny the appeal filed by Safeway, Inc. ALTERNATIVE COUNCIL POLICY OPTIONS: Support the appeal, overturn the action taken by the Planning Commission, and conditionally approve the Safeway Use Permit for a 24-hour discount fueling station at 653 South State Street Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. 2. 3. 4. 5. Interested persons and organizations RHL Design Group, Agent for Safeway, Inc. Charley Stump, Director of Planning and Community Development Candace Horsley, City Manager and David Rapport, City Attorney Appeal letter submitted by Safeway, Inc. Planning Commission Staff Report, dated May 8, 2002 Planning Commission minutes, dated May 8, 2002 Staff letters to applicant, dated March 27, 2000 and August 3, 2000 Project information packet submitted to the Planning Commission by Safeway (Council only) APPROVED:"~?-~,~~ Candace Horsley, City I~ager PROJECT DESCRIPTION: The proposed discount gas station would be developed on the southeastern corner of the site, at the intersection of Gobbi and Main Streets, and would be open 24- hours per day, seven days a week. It would include a customer-service kiosk and five individual fuel pumps covered by a 21-foot high canopy that would be 45 feet wide and 92 feet long, with a coverage area of approximately 4,140 square feet. VVhite poles would support the canopy, which would be partially covered by a cement plaster fa(;ade and cornice structure designed and colored to match the existing store. It also includes the installation of two 20,000-gallon fuel-storage tanks beneath a paved area along the eastern side of the existing Safeway store. The 419 square foot customer-service kiosk would be 12 feet wide by 36.5 feet long, with a maximum height of 14.5 feet. This building would be constructed with arches and columns similar in style to those used on the store to the north, with cement plaster walls colored to match those on the store. This kiosk would have large glass windows on the east, west, and south sides, and an employee entry door on the north elevation. The construction of the gas station would require modifications to approximately 18,000 square feet of the project site or about 1/3 of the total parking lot area. Specific modifications would require the elimination of 30 parking stalls and the replacement of two large planter areas on the end of two interior parking rows. The existing pedestrian walkway would be relocated to the west. A monument sign is proposed at the corner of Main and Gobbi Streets, and typical gas pricing signs can be anticipated. BACKGROUND: The RHL Design Group, representing Safeway, Inc., met with Staff in March of 2000 to discuss the possibility of constructing a fueling station on the grocery store site. The initial concept presented to Staff was to locate the new store at the intersection of Main and State Streets. Staff expressed concern that the proposal would conflict with the parking and on-site circulation of the existing parking lot, and be inconsistent with both the Ukiah General Plan and Bicycle and Pedestrian Master Plan. These concerns were expressed in letters to the applicant in March and August 2000 (Attachment No. 4). In December 2000, the applicant revised the project to propose the fueling station at the southeast corner of the site at the intersection of Main and Gobbi Streets. Staff continued to express concerns about the project, and in April 2001, indicated to the applicant that we would be recommending denial of the project. The applicant immediately requested that the project be "taken off the calendar until further notice." In late 2001, the applicant generated additional technical information and requested that processing continue. Staff continued to express concerns about inconsistencies with the General Plan and Bicycle/Pedestrian Master Plan, as well as other on and off-site issues, and scheduled the project for Planning Commission consideration. PROJECT ISSUES: Based on a comprehensive review of the project and the area surrounding the project site, as well as a review of various applicable planning documents, staff identified a number of significant issues associated with the proposal. These include General Plan inconsistencies, Master Bicycle and Pedestrian Plan inconsistencies, and concerns related to parking, traffic, and circulation (see attachment No. 2). Based on an inability to resolve these issues, Staff recommended denial of the project. PLANNING COMMISSION MEETING: The project was presented to the Planning Commission on May 8, 2002. Staff expressed the ongoing concerns about the project and recommended denial. The public hearing was well attended, and the majority of speakers expressed concern about the project, particularly in regard to traffic and circulation. After a lengthy public hearing, the Planning Commission agreed with Staff's analysis and findings, and denied the project. In taking this action, the Commission made the following findings: . The project is inconsistent with the General Plan Vision Statement because it would clutter and visually congest the Gobbi Street gateway into the City, and, therefore, would not complement the natural beauty of the valley or surrounding hillside area, as called for in the Vision Statement. . The increased urban intensity and visual clutter and congestion resulting from the project would adversely impact the aesthetic qualities of the existing Safeway development and adjacent commercial areas, because the spaciousness of the parking lot would be eliminated. , The proposed project is inconsistent with General Plan Goal CD-3, because it would create an unacceptable amount of visual clutter and congestion from structures, signage, lighting, and vehicles, and, therefore, would not provide an aesthetically pleasing urbanscape, where one currently exists. . The proposed project is inconsistent with General Plan Goal CD-7, because it would create an unacceptable amount of visual clutter and congestion from structures, signage, lighting, vehicles, 24-hours per day, seven days per week, and, therefore, would not improve the appearance of the Gobbi Street gateways into the City. , The proposed project is inconsistent with General Plan Goal CD-9, because it would create an unacceptable amount of visual clutter and congestion from structures, signage, lighting, and vehicles, and would eliminate the openness of the current parking lot, and, therefore, would not improve the appearance of Downtown Ukiah. . The proposed project is inconsistent with General Plan Policies CD-2.2, 9.2, and 9.3 because, based on regular and routine observations of the site and an understanding of the proposal, the resulting congestion, signage, structures, lighting, etc., and 24-hours per day, seven days per week operation would conflict with the surrounding residential and light commercial land uses, and, therefore, would not relate harmoniously with other developments in the area. , The proposed project is inconsistent with Goal Number 1 of the Ukiah Master Bicycle and Pedestrian Plan because it would make the Gobbi Street bicycle and pedestrian corridor less safe for pedestrians and bicyclists by adding traffic volumes and congestion to an intersection and segment of street already heavily burdened with cars, trucks, and bus congestion during the peak traffic periods. Si The proposed project is inconsistent with Goal number 3 and supporting policy 1-3 of the Master Bicycle and Pedestrian Plan because it does not maintain a high quality of life in terms of the City's pedestrian and bicycle environment, and does not help to create a streetscape and path system that is not only physically adequate, but aesthetically pleasing and inviting to pedestrians and bicyclists alike for the following reasons: 1) it introduces an auto-dominated land use to an area already dominated by automobiles, for which the city is attempting to reduce automobile traffic by providing safe and attractive bicycle paths and pedestrian facilities for citizens to use rather than driving their cars; 2) it would add structures, signage, and lighting that would increase the visual clutter in the area and detract from the aesthetic qualities of the Gobbi Street bicycle and pedestrian corridor. 9. The project would make the overall Safeway site cramped and congested, and would create an inadequate circulation pattern for vehicles, particularly at the Gobbi Street driveway. 10. The project represents poor land use planning because it is an auto-dominated land use situated at the corner of an intersection that, according to routine and regular observations conducted over the past year, experiences extremely congested traffic during peak traffic periods, and it would create a cramped and congested development on the site. 11. The proposed project would be detrimental to the public health, safety and general welfare because it is an auto-dominated land use proposed in an area already experiencing significant traffic congestion problems during the peak traffic periods, and it would fill in and clutter a gateway area with structures, signs, and lighting that was previously opened up and made spacious and visually pleasing when the old Safeway store was removed and the new store was constructed. 12. The proposed five parking spaces along the eastern portion of the parking lot just south of the Main Street driveway are too close to the Main Street driveway and vehicles backing out of the spaces would conflict with automobiles and trucks entering from Main Street on their way to the gas station pumps, and/or stacking in line waiting to buy gasoline. 13. Even though the proposed project technically meets the parking requirement for number of parking spaces, staff is able to conclude, based on regular and routine field observations, that the parking area for the existing Safeway grocery store, which includes a pharmacy, banking facility, flower shop, and cellular phone sales, is heavily used at times, and the reduction of parking spaces resulting from the proposed project would create a deficient parking facility during times of heavy usage, such as during the holiday season. APPLICANT'S APPEAL: The applicant filed a timely appeal of the Planning Commission's decision (Attachment No. 1). In its letter it concludes that the Commission did not base its decision on the technical aspects of the project, but rather on conjecture and speculation. It also contends that a "before and after" photo it submitted to illustrate that the project would not be aesthetically offensive was ignored. Finally, it believes that the Commission ignored the form letters of support and survey results the applicant submitted to illustrate community support for the project. The following text addresses each of these issues: Technical Aspects vs. Speculation: Staff disagrees that the Commission relied on speculation rather than the technical aspects of the project when it took its action. The Planning Commission reviewed the administrative record, conducted a public hearing, and made 13 detailed findings supporting denial of the project. The majority of findings focused on the project's inconsistencies with the Ukiah General Plan and Bicycle and Pedestrian Master Plan. It also analyzed the Site Plan and made "technical" findings concerning the inadequacies of the resulting parking and on-site circulation. The appellant also contends that the Planning Commission relied on the Traffic Study prepared for the nearby Danco project rather than the one it submitted for the proposed fueling station. Staff disagrees with this contention. The Planning Commission considered the Traffic Study submitted by the applicant, briefly compared its "existing conditions" conclusions with the Traffic Study submitted for the Danco project, listened to a detailed presentation from the applicant's traffic consultant, discussed their own individual, as well as Staffs regular and routine traffic observations of the area, arrived at a conclusion, and made a number of findings pertaining to traffic. Before and After Photo: The before and after photo submitted by the applicant (Attachment No. 5) was submitted in an attempt to show the Commission that the project would not obstruct a scenic vista and result in an aesthetically offensive site. The Commissioners reviewed the photos and were not convinced. Staff disagrees with the applicant's statement that the Commissioners focused on the proposed placement of a tree, and "failed to acknowledge the evidence presented by the photo exhibit." The Commission reviewed the photo exhibit, and there was discussion concerning the landscaping depicted in the photo being inconsistent with the proposed Landscaping Plan, the photo not including the proposed 8-foot tall monument sign, and not depicting the proposed lighting resulting from the 24-hour fueling station operation. The Commission arrived at a different conclusion than the applicant, and made the findings to support that conclusion. Public Testimony vs. Letters of Support: The applicant believed that the Planning Commission was swayed by the public testimony opposing the project at the public hearing, and disregarded the form letters of support they submitted. Staff disagrees. The form letters submitted by the applicant were included as attachments in the Planning Commission Staff Report, and discussed in the public hearing. The Commission based its decision on the entire administrative record, as well as the information gathered and discovered during the public hearing process. ENVIRONMENTAL REVIEW: Staff originally determined that the proposed project would have significant adverse impacts on the aesthetics and visual quality of the area, as well as on traffic circulation (State Street driveway encroachment). We also determined that the proposal was inconsistent with the Ukiah General Plan and Ukiah Bicycle and Pedestrian Master Plan. Accordingly, we required the preparation of an Environmental Impact Report (EIR) for the project. However, we advised the applicant that because of the inconsistencies with the General Plan and Bicycle and Pedestrian Master Plan, we were obligated to recommend disapproval of the project. We suggested that rather than put them through the often lengthy and costly EIR process, we could rely on California Environmental Quality Act (CEQA) Guidelines Section 15270, which would allow the City to "exempt" the project from CEQA because we had determined that the project could not be approved. The applicant disagreed that an EIR must be required. It submitted additional traffic information and a suggested mitigation measure for the State Street driveway impact. Staffs position was that while traffic was an important issue, it wouldn't matter if it could be resolved or not, because the project was significantly inconsistent with the goals and policies of both the General Plan and Bicycle and Pedestrian Master Plan. Accordingly, Staff suggested the somewhat common path of recommending approval of a Negative Declaration and denial of the project. The Planning Commission agreed and took that action. CONCLUSIONS: The Safeway store is an extremely valuable asset to the community, and the residents are proud of the new store. However, Safeway is now proposing to develop a 24-hour, seven days per week discount gas station at one of the busiest gateway intersections in the City. While it is a "commercial" intersection, adjacent land uses include single-family residential to the southeast. Traffic volumes have been increasing on Gobbi Street for the past couple of years, likely as an alternative to Perkins Street for getting in and out of the City via Highway 101 at the peak traffic periods. Complaints about increasing traffic from the nearby owners of residential property, as well as from businesses are becoming more frequent. At a recent City Council meeting there was a discussion of pedestrian/bicycle safety in the City, and an elderly woman spoke about how unsafe Gobbi Street was for walkers and bicyclists. Staff has observed that the public, Planning Commission and City Council have started to use the term "RUSH HOUR" when discussing the growing traffic problem in this area and citywide. In response, a new Traffic Control Officer position was established (currently unfilled), with comments like: "The time has come." Moreover, Staff and the Planning Commission believe, based on research and field visits to existing retail store gas stations in other communities, that the proposed discount gas station would become a destination in and of itself, rather than just an ancillary use to the "grocery" store. Accordingly, and regardless of the conclusions contained in the applicant's Traffic Study, the development of an auto-dominated land use at the Gobbi and Main Street intersection would, in our opinion, and based on first-hand observations, significantly worsen an already untenable traffic situation. The Planning Commission found the proposed project to be inconsistent with a number of goals and policies of the General Plan. When the old Safeway store was demolished, and the new store developed to the north, it opened up a cluttered and uninteresting intersection along a main gateway corridor into the City. When approaching the intersection of Main and Gobbi Streets from the east, the new viewshed looking across the beautifully landscaped Safeway site and up to the western hillside has provided a tremendously positive gateway statement for the City. This opened-up view of the natural hillside helps the new Safeway store development to compliment, rather than compromise the natural beauty of the valley, and is widely regarded as an aesthetic enhancement to this commercial area of the City. The proposed project would fill in the area where the old Safeway store was, with a 92-foot long gas station canopy 21-feet above the ground, five multi-product pump dispensers, a 419 square foot building, lights, cars, etc., all operating 24-hours per day, seven days per week. It was the conclusion of the Planning Commission that this increased urban intensity would clutter and visually congest this important gateway into the City, and therefore would not complement the natural beauty of the valley or surrounding hillside area. Moreover, the Commission has concluded that because of this increased urban intensity, clutter, and visual congestion, the proposed project would adversely impact the aesthetically qualities of the existing Safeway development and adjacent commercial areas. Staff and the Planning Commission also concluded that the proposed project is inconsistent with the directives contained in the Ukiah Master Bicycle and Pedestrian Plan, which calls for the City's circulation system to be made safer for all pedestrians and bicyclists, and for a streetscape and path system that is not only physically adequate, but aesthetically pleasing and inviting to pedestrians and bicyclists alike. We have concluded that the proposed project and the associated traffic congestion would directly conflict with our current efforts to create a pleasing and inviting bicycle and pedestrian environment along Gobbi Street. Aside from the inconsistencies with the General Plan and Master Bicycle and Pedestrian Plan, Staff, based on regular and routine observations, concluded that the project would eliminate needed parking spaces, make existing marginal driveways unacceptable, and reduce an already marginal circulation pattern to an unacceptable level. The Planning Commission agreed with this conclusion. During the Planning Commission public hearing, the applicant disagreed with these conclusions, and submitted information and opinions to support it's claim that the project has merit and would be an asset to the community. After considering all the information of record, including public testimony and remarks by the applicant at the May 8, 2002 public hearing, the Planning Commission made findings and denied the Use Permit. RECOMMENDATION: Staff is recommending that the City Council support the Planning Commission's action and deny the appeal. However, there are other alternatives to consider: . Agree with the applicant, support the appeal, overturn the action taken by the Planning Commission, and approve the Safeway Use Permit for a 24-hour discount fueling station at 653 South State Street. If the Council chooses this alternative, Staff suggests that the matter be continued, and the Council provide direction to Staff concerning the development of findings and conditions of project approval. Staff would then return to Council at a later date with a Staff Report recommending conditional approval of the project. , If the Council determines that the project site may support a smaller scale or redesigned fueling station, urge the applicant to withdraw the appeal, and provide specific direction to for the filing of a new proposal. .,. GROUP ][NC. jOHN '~'. JOHNSON Co-D;'csidcur BRI.a,N F. ZITA Co- President Principal JOHN B. HICKS ['ice President Principal CECIL I'~.. SPENCEIk ['ice Pres/dent Pri,cipal A R C H I T E C T URE · E N G I NE E RI N G e E N V i R O N M E N T _z_- 1340 Arnold Dripe. Suite 110. 3Iartinez. CA 94553-4189 Telephone: (925) 313-9700 Fs::'i;.,:,'..;.: john fi'. John.con..4r,'hitcct E .¢ May 16, 2002 Ms. Marie Ulvila, City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 CITY OF UKIAH CIT'?' CLERK'S DEFARTMENT Re: Appeal of Planning Commission decision to the Ukiah City_ Council Use Permit 00-29: Safeway Fuel Center 653 South State Street Ukiah, CA Dear Ms. Ulvila: On behalf of our client, Safeway, Inc. we are writing to appeal the Planning Commission's decision on May 8, 2002 to deny our Use Permit 00-29 to the City Council. Following are a few of our reasons for the appeal. R. oY W. P EDI-LC) Re.o..ional Manager JOHN W. STP. OBEL Rcgioual Manager ."ls$ociatc jEssE E. MACIAS Regional Manager _4ssociarc 1) It is our belief that the Planning Commission did not base their decision on the technical aspects/data of ourproject but rather on conjecture and speculation. We maintain that the Planning Commission had been unduly influenced (prejudiced) by such things as the conclusions of a traffic study prepared for an unrelated housing project in the area and essentially ignored ~e traffic study prepared specifically for our project, by a traffic engineer that is well known to the city staff and is often consulted when traffic issues arise. Furthermore, the technical data indicates that this project would have an insignificant impact on the existing traffic conditions with the mitigation measures imposed, these mitigation measures were accepted by the planning staff and the Planning Commission approved the Mitigated Negative Declaration at the May 8th hearing. 2) In effort to address the Staff's concern that the Fuel Center would obstruct the scenic vista and create an aesthetically offensive site we provided a "before" photo and an "after" photo rendition of what we believed to be the most significant vista, however, when the exhibit was presented at the hearing the comments of one commissioner had nothing to do with the obvious insignificant impact on the vista, instead, his emphasis was on our designer's placement of a tree. His commentary with regards to that tree so dominated the ensuing discussion that the Commission failed to acknowledge the evidence presented by the exhibit. ALAN K. SHIMABUKUIkO Rc,qional Alanager .-lssociare BLYTHE l"~.. WILSON Regional 3lanager ."lssociate 3) The Planning Commission concluded that the of the citizens of Ukiah did not want a Safeway Fuel Center because the majority of the 20 or so citizens that were able to attend the Wednesday evening hearing were not in favor of the project. Disregarded were the 37 signed and dated supportive letters sent to the City Manager by Ukiah residents and the 65+ in-support survey cards filled out by Safeway customers/Ukiah residents that were included in the Staff Report package. BELLEVUE, WA LA HABKA, CA MAIkTINEZ, CA SACKAMENTO, CA SCOTTSDALE, AZ VANCC;UVEK. '~":~ L GROUp INC. Ms. Marie Ulvila May 16, 2002 Page 2 of 2 We truly believe our project has merit and will be an asset to the community and look forward to the opportunity to fully present it to the City Council. If you have any questions, please contact Blythe Wilson or me at 925-313-9700. Respectfully RHL Design Group, Inc. b,- \ ,,r-- ~-:-_.~...,.- Zaiga Gia Project Manager CC: Todd Paradis, Safeway Charley Stump, City of Ukiah File LA HABI~A, CA PETALUMA, CA S ACI*.AMENTO, CA S COTTSDALE, A Z Staff Report to the Planning Commission ITEM NO. 8-B Meeting Date: May 8, 2002 SAFEWAY FUELING STATION USE PERMIT 00-29 PROJECT APPLICANTS: Safeway Inc. / RHL Design Group, Agent PROJECT SUMMARY: The approval of the proposed Major Use Permit would allow a 24-hour seven-day per week Safeway discount gasoline station to be developed in the parking lot of the existing SafeWay store property located at 653 South State Street. SITE VISIT VERIFICATION: The discretionary action associated with this project is quasi-judicial in nature, and therefore each Planning Commissioner must physically visit the site prior to participating in the vote to approve, deny, or modify the project. DEPARTMENT RECOMMENDATION: Staff has concluded that while the traffic/parking/circulation information supplied by the applicants is suspect, the project qualifies for a Mitigated Negative Declaration. Staff has concluded further that based on a review of the proposal, project site, and surrounding area, the project is inconsistent with the goals and policies of the Ukiah General Plan and the goals and directives on the Ukiah Master Bicycle and Pedestrian Plan, and therefore is recommending DENIAL of the project. ENVIRONMENTAL (CEQA) DETERMINATION: Staff determined that the proposed project was not exempt from the requirements of the California Environmental Quality Act, and therefore prepared the required Initial Study of potential environmental impacts. Based on this Study, staff has determined that the project, as mitigated, would not have a significant adverse impact on the environment. Accordingly, a Negative Declaration is recommended for the project. No comments from the public were received on the proposed Mitigated Negative Declaration. The applicants did submit minor comments, and responses to those comments are attached. PROJECT LOCATION: 653 South State Street, Ukiah (Assessor Parcel Numbers 002-340-39 and 61) PROJECT DESCRIPTION: The proposed discount gas station would be developed on the southeastem comer of the site, at the intersection of Gobbi and Main Streets, and would be open 24-hours per day, seven days a week. It would include a customer-service kiosk and five individual fuel pumps covered by a 21-foot high canopy that would be 45 feet wide and 92 feet long, with a coverage area of approximately 4,140 square feet. White poles would support the canopy, which would be partially covered by a cement plaster fa(;ade and cornice structure designed and colored to match the existing store. It also includes the installation of two 20,000-gallon fuel-storage tanks beneath a paved area along the eastern side of the existing Safeway store. The 419 square foot customer-service kiosk would be 12 feet wide by 36.5 feet long, with a maximum height of 14.5 feet. This building would be constructed with arches and columns similar in style to those used on the store to the north, with cement plaster walls colored to match those on the store. This kiosk would have large glass windows on the east, west, and south sides, and an employee entry door on the north elevation. The construction of the gas station would require modifications to approximately 18,000 square feet of the project site or about 1/3 of the total parking lot area. Specific modifications would require the elimination of 30 parking stalls and the replacement of two large planter areas on the end of two interior parking rows. The existing pedestrian walkway would be relocated to the west. A monument sign is proposed at the corner of Main and Gobbi Streets, and typical gas pricing signs can be anticipated. PROJECT ISSUES: Based on a comprehensive review of the project and the area surrounding the project site, as well as a review of various applicable planning documents, staff has identified a number of significant issues associated with the proposal. These include General Plan inconsistencies, Master Bicycle and Pedestrian Plan inconsistencies, and concerns related to parking, traffic, circulation, and compliance with the Ukiah Airport Master Plan. Based on an inability to resolve these issues, Staff is recommending denial of the project. While Safeway is a valuable asset to the business community, and a vital store for City residents, the proposed gas station is situated in a very difficult and constrained location. In Staff's opinion putting a gas station at this location constitutes bad land use planning, and does not represent logical orderly development. General Plan Consistency General Plan Vision Statement: "Aesthetics in Planning" The Vision statement contained in the General Plan directs commercial development to "complement rather than compromise the natural beauty of the valley." It also states that Ukiah citizens envision the "aesthetic enhancement of commercial development..." When the old Safeway store was demolished, and the new store developed to the north, it opened up a cluttered and uninteresting intersection along a main gateway corridor into the City. When approaching the intersection of Main and Gobbi Streets from the east, the new viewshed looking across the beautifully landscaped Safeway site and up to the western hillside has provided a tremendously positive gateway statement for the City. This opened-up view of the natural hillside and uncluttered view across the Safeway property helps the new Safeway store development to compliment, rather than compromise the natural beauty of the valley, and is widely regarded as an aesthetic enhancement to this commercial area of the City. The proposed project would fill in approximately 6000 square feet of this newly opened-up area with a 92-foot long canopy 21-feet above the ground, five fueling pumps, a 419 square foot building, lights, cars, signs, etc. It is Staffs conclusion that this increased urban intensity would clutter and visually congest this important gateway into our City, and therefore would not complement the natural beauty of the valley or surrounding hillside area. Moreover, we have concluded that because of this increased urban intensity and visual congestion, the proposed project would adversely impact the aesthetically qualities of the existing Safeway development and adjacent commercial area. This constitutes an inconsistency with the General Plan Vision Statement. Community Design Element Goals CD - 3, CD - 7, and CD - 9 CD -3: "Provide an aesthetically pleasing urbanscape." CD -7: "Improve the appearance of area gateways." CD -9: "Improve the appearance of Downtown Ukiah." For all the above reasons, we are able to conclude that the proposed project is inconsistent with these important General Plan goals. Community Design Policies CD - 2.2, CD - 9.2, and 9.3 CD - 2.2: "Ensure that developments relate harmoniously with each other within districts." CD - 9.2: "Ensure compatibility of new development in the downtown area." CD - 9.3: "Ensure Downtown design that will enhance the character of the area." Similarly, and for the same reasons, we are able to conclude that the proposed project is inconsistent with these important General Plan policies. Master Bicycle and Pedestrian Plan Consistency: The Ukiah Bicycle and Pedestrian Master Plan was adopted by the City Council in February of 1999. One of the important programs contained in the Plan is to create a safe and attractive bicycle/pedestrian corridor along Gobbi Street from Yokayo Elementary School to Riverside Park. While it is a challenging endeavor along this important Gateway, we have made progress in the past couple of years. The City has received a $40,000 grant to fill in gaps of missing bicycle lanes along this stretch of Gobbi Street, and we are actively pursuing additional funding for bicycle lanes along Gobbi Street from Orchard Avenue to Babcock Lane. We are concerned that the proposed auto dominated project would add additional vehicles and automobile activity to this corridor, and conflict with our goals for creating a safe and attractive bicycle/pedestrian corridor. While the applicant's Traffic Study curiously indicates that the existing traffic along Gobbi Street is acceptable and that the project will not make it unacceptable, it is Staff's conclusion that the proposal will increase hazards to bicyclists and pedestrians in an already congested and dangerous area. Goal number 1 of the Ukiah Bicycle and Pedestrian Master Plan is to "make the City's circulation system safer for all pedestrians and bicyclists..." We are able to conclude that the proposed project would do just the opposite, and directly conflict with this Goal, because it is a land use that attracts automobiles and trucks, and the existing vehicle congestion, narrow driveways, existing bus turn-out adjacent to the site, and the increasing intensity of the nearby Mendocino County Social Services Department all pose dangers to bicyclists and pedestrians. Goal number 3 of the Plan is to maintain a high quality of life in terms of the City's pedestrian and Bicycle environment. Policy 1-3 supporting this Goal calls for the creation of a streetscape and path system that is not only physically adequate, but also aesthetically pleasing and inviting to pedestrians and bicyclists alike. Staff is able to conclude that the proposed project and the associated congestion would directly conflict with our current efforts to create a pleasing and inviting bicycle and pedestrian environment along Gobbi Street, and therefore is inconsistent with this goal and policy. The applicants attempted to mitigate a number of staff's concerns by revising the design and location of the project. However, in staff's opinion, the site has unique development constraints. It is situated along two of City's busiest intersections, is located along two important gateways as defined in our General Plan, and is adjacent to a newly emerging bicycle and pedestrian corridor. We struggled with these constraints during the planning and development of the new Safeway store, and with Safeway's hard work, and commitment to the City, we were able to create an excellent development on a very difficult site. In our minds, adding an automobile dominated land use to this built-out site significantly compromises the success we achieved, and would result in a development that compromises our efforts to create a safe and inviting bicycle corridor along Gobbi Street. Parking: The development of the proposed gas station will require the removal of 30 parking stalls, leaving the Safeway site with 193 stalls. Based on the Ukiah Municipal Code requirement that retail stores have a minimum of 1 parking space for every 300 square feet, the 193 spaces technically meets the code for a 55,000 square foot store. In addition, the applicants submitted a Parking Usage Audit submitted with the Traffic Study and concluded that the stalls proposed for removal are not those most frequently used by customers, and that the project will not result in inadequate parking. However, staff remains concerned about on-site parking. Routine and regular empirical observations reveal that the Safeway parking lot does reach capacity at times, particularly during the holiday season. Moreover, Staff has observed an increase in the number of parked cars ever since the banking facility, pharmacy, and cellular phone businesses have located in the store. A recent field observation at 5:10 p.m. on May 1, 2002, revealed 39 empty parking spaces, which means that the parking lot was 83% full. Removing 30 of these spaces for the project would make the parking extremely tight on the site. It's important to note that the "new" grocery stores of today, which now include gas stations, banking facilities, coffee bars, nurseries, video stores, pharmacies, cellular phone businesses, and other uses unrelated to household food, have evolved beyond the traditional retail food store. All the large grocery chains are expanding their stores into multi-use facilities that are beginning to draw customers and become destinations for services other than food sales. It is StafFs opinion that in the case of the Safeway store, this has increased the demand for on-site parking. While Staff accepted the argument from Safeway that the non-food sales type uses were merely minor ancillary uses to the food store, we now, after observing the site with these uses, are concerned that adequate on-site parking is becoming marginal at best. The "Parking Usage Audit" (Attachment #3) provided by the applicants was performed prior to the opening of the pharmacy, and based on our field observations, the on-site parking has become tighter since it opened. While the multi-faceted "grocery store" technically meets the parking requirements for "retail stores", Staff is able to conclude that the removal of 30 parking spaces would pinch and congest the site even more, and at times, parking for the facility would be inadequate. In addition, Staff is concerned about the proposed five parking spaces along the eastern portion of the parking lot just south of the Main Street driveway. Automobiles and trucks entering from Main Street to the gas station would conflict with vehicles backing out of these spaces. Moreover, there is very little stacking distance for vehicles waiting for fuel, and in situations involving large trucks, trucks with boats, etc., it is StafFs opinion that conflicts with the five parking spaces would be inevitable. It is another example of the cramped and congested nature of the proposed project. Traffic: The applicants hired a traffic consultant to prepare a Traffic Study for the project. The authors of the Study used standard traffic generation data from the Institute of Traffic Engineers to determine that the gas station would generate 1,528 additional daily vehicle trips. The study also determined that there would be 101 trips during the weekday a.m. peak hour, 132 trips during the weekday p.m. peak hour, and 162 trips during the weekend mid- day peak hour. However, the authors also concluded that at least 50% of the projected trips would be from pass-by traffic and would not represent new trips on the affected roads and intersections. Based on the assumed pass-by rate, daily vehicle traffic would be reduced to 764 trips, with 51 trips at weekday a.m. peak hour, 66 trips dudng weekday p.m. peak hour, and 81 trips during the weekend mid-day peak hour. With these conclusions, the traffic consultants believe that the proposed discount gas station will not adversely impact traffic along Gobbi, State, or Main Streets during anytime of the day. Staff is not convinced that 50% of the discount gas station customers would be drivers already passing the site, who just happen to decide at that moment to get gas. We do agree that some users of the Safeway store may also decide to fill-up after buying groceries, ordering a cell phone, picking up a prescription, or doing some banking, or buying flowers, but in Staff's opinion, concluding that this will be 50% of all discount gas buyers is unreasonable. Staff suspects that if the gas is priced "competitively" as indicated in the application materials, it will become a specific destination for gas buyers who may or may not shop at the Safeway store. Regardless, Staff believes, based on routine and regular use of the Safeway store at all times of the day, that any additional vehicles to Gobbi, State, and Main Streets during the peak periods, will make an already very difficult traffic situation intolerable. With all due respect to the applicants and traffic consultants, staff questions the findings and conclusions of the Traffic Study. Other than our empirical observations as residents regularly driving the streets and intersections surrounding the site, we have found conflicts with other recently prepared Traffic Studies analyzing traffic along Gobbi street. For example, The original Safeway Traffic Study took counts during the PM peak period at Gobbi and Main Streets on Wednesday September 27, 2000. They found the average delay to be 12 seconds, which resulted in a Level of Service C (acceptable). Staff was surprised by this finding, because we had been observing a rapidly increasing traffic congestion problem along Gobbi Street. The Summercreek Village (Danco) traffic consultants took counts at the same intersection on Friday, April 6, 2001. They concluded that the existing traffic during the PM peak period created an average delay of 61.7 seconds, which resulted in a Level of Service F (worst possible). This finding confirmed our suspicions that the intersection was essentially reaching a "grid- locked' condition during the PM peak period. In response to the findings of the Summercreek Village findings, the Safeway team took new counts over four months later on Fdday, August 31, 2001. That Study found the average delay to be 31.1 seconds, resulting in a Level of Service D (acceptable). This means that the traffic over an 11- month period went from very acceptable to grid-lock, and then improved dramatically to acceptable. Staff's observations have revealed that the traffic at the intersection of Main and Gobbi Streets during the PM peak period has been getting worse and worse over the past couple of years, and is currently at an unacceptable level. We believe that the Summercreek Village Traffic Study counts and conclusions were accurate and reflective of the current condition, and that adding an auto-dominated land use to the proposed site would make the level of Service F (totally unacceptable) much worse. While Staff has been concerned about the conclusions reached in the applicant's Traffic Study, and originally required the preparation of an Environmental Impact Report (EIR), we also concluded that there were compelling General Plan inconsistency issues, and that to put the applicants through a costly and time consuming EIR process only to recommend denial would be unreasonable. While Staff disagrees, based on empirical observations and the findings of the Summercreek Village Traffic Study that the existing traffic along Gobbi Street dudng peak hours is acceptable (LOS D or better), and that the project will not erode the LOS to an unacceptable level, we have advanced a Mitigated Negative Declaration to move the project forward with a recommendation for denial based on the merits of the project. Site Access and Egress: The Traffic Study concludes that the overall operation of the on-site driveways during evening peak hours would be fine (Level of Service A), but that the average delay on the State Street driveway approach during the weekend peak hour would increase from 23.6 seconds to 33.7 seconds, resulting in a decline from LOS D to LOS E (unacceptable). For drivers exiting the site on this driveway, the average delay would be 41.8 seconds, which represents a LOS F (worst possible). The traffic study concluded that these average delays were not significant since such delays are common to other driveway entrances along State Street. Staff disagreed that these delays do not represent a significant adverse impact. Just because there are a number of unacceptably operating driveway encroachments along State Street doesn't mean that the City should allow another one. Staff concluded that this represents a hazardous traffic situation, and a significant adverse impact. In response to this concern, the applicants submitted a proposed solution/mitigation involving the creation of two- way left turn lanes on South State Street. This mitigation has been reviewed by the City Engineer, who has concluded that it is technically feasible, but marginally acceptable. This conclusion was reached because the proposed left turn pockets would only be 5-feet in width, where 9-11 feet are desirable. Additionally, Staff questions the conclusion that the Gobbi Street driveway operates at an acceptable Level of Service dudng the PM Peak period, particularly the left-tum (eastbound) movement. Routine and regular empirical observations by Staff reveal that this movement becomes nearly impossible during the PM peak period, and conflicts with westbound traffic, as well as cars exited westbound from the Yokayo Center are commonplace. Based on regular and routine field observations, and use of the Safeway store and parking area, Staff is able to conclude that there are existing site access and egress problems, regardless of the conclusions contained in the Traffic Study prepared by the applicants, and that the intensification in use of the site with a discount gas station would worsen this situation. On-Site Circulation: The ability for cars and trucks to circulate on the existing site is marginally adequate during the peak traffic periods. During the review and processing of the new store proposal in 1997, on-site circulation was identified as an issue, and the applicants worked very hard to lay-out and design the improvements so that cars, trucks, and people could safely and conveniently circulate around the property. Due to a smaller than ideal sized property, the resulting circulation patterns are acceptable, yet in Staffs opinion awkward in various locations. These include the turning movements from the east and west in the southern portion of the parking lot to get to the Gobbi Street driveway, the lack of any stacking space at the Gobbi Street driveway, and the narrowness of all driveway encroachments. This design, which was driven by the smallness of the parcel, was acceptable to Staff because it reduced the amount of overall paving on the site, and would meet the minimum level of acceptability for the main store. It is Staffs conclusion that the proposed project will reduce the already marginally adequate circulation opportunities on the site. The Gobbi Street driveway, which in Staffs opinion is already operating very poorly, will be reduced to an unacceptable condition. Exiting gas station drivers will conflict with exiting store drivers, and both will conflict with those turning left off of eastbound Gobbi Street and those turning right off of westbound Gobbi street into the site. Staff acknowledges that during times of Iow traffic volumes, and with cooperative drivers, the cramped circulation of the site may be adequate, but during AM, PM, and the noon peak periods, when drivers tend to be less patient, we believe that the circulation on the site will become unacceptable as a result of the proposed project. Ukiah Airport Master Plan: The project site is situated in the B2 Compatibility Zone (Extended Approach and Departure Zone) north of the Airport. This northern B2 area is governed by the Infill Policy, which allows new development of a similar intensity to that of surrounding, already existing uses. This portion of the B2 zone is considerate a "moderate risk" area, and one of the prohibited uses is the storage of large amounts of highly flammable materials. Staff discussed the proposed project with the authors of the Airport Master Plan, and they indicated that the prohibitation of highly flammable materials applies to above ground storage. Accordingly, staff is able to conclude that the proposed two 20,000 gallon underground gasoline storage tanks are acceptable, and this storage of highly flammable material does not represent an inconsistency with the Airport Master Plan. PROPOSED PROJECT VS. SUMMERCREEK VILLAGE (DANCO) PROJECT: The Summercreek Village affordable housing project originally proposed a single access and egress to their site via Porzio Lane at the intersection of Gobbi and Main Streets. After traffic and neighborhood compatibility issues were raised, the applicants revised their project to access off Gobbi Street approximately ¼ of a mile to the east of the intersection of Gobbi and Main Streets. This revision to the project significantly reduced the amount of traffic that would enter the intersection of Main and Gobbi Streets. PLANNING COMMISSION MEETING ON MARCH 27, 2002: The proposed project was originally noticed for a Planning Commission public hearing on March 27, 2002, but the applicants requested continuance to the May 8th meeting. Because the matter was publicly noticed for March 27th, the Commission conducted a public hearing and briefly discussed the proposed project (meeting minutes attached). During the public hearing, a number of citizens expressed concern about traffic, air quality, noise, and compatibility with nearby residential land uses. CONCLUSIONS: As indicated above, the Safeway store is an extremely valuable asset to the community, and the residents are proud of the new store. However, they are now proposing to develop a 24-hour, seven days per week discount gas station at one of the busiest gateway intersections in the City. While it is a "commercial" intersection, adjacent land uses include single-family residential to the southeast. Traffic volumes have been increasing on Gobbi Street for the past couple of years, likely as an alternative to Perkins Street for getting in and out of the City via Highway 101 at the peak traffic periods. Complaints about increasing traffic from the nearby owners of residential property, as well as from businesses are becoming more frequent (see attached letters). Moreover, Staff believes, based on research and field visits to existing retail store gas stations in other communities, that the proposed discount gas station would become a destination in and of itself, rather than just an ancillary use to the "grocery" store. Accordingly, and regardless of the conclusions contained in the applicant's Traffic Study, the development of an auto-dominated land use at the Gobbi and Main Street intersection would, in Staff's opinion, significantly worsen an already untenable traffic situation. Staff has found the proposed project to be inconsistent with a number of goals and policies of the General Plan. When the old Safeway store was demolished, and the new store developed to the north, it opened up a cluttered and uninteresting intersection along a main gateway corridor into the City. When approaching the intersection of Main and Gobbi Streets from the east, the new viewshed looking across the beautifully landscaped Safeway site and up to the western hillside has provided a tremendously positive gateway statement for the City. This opened-up view of the natural hillside helps the new Safeway store development to compliment, rather than compromise the natural beauty of the valley, and is widely regarded as an aesthetic enhancement to this commercial area of the City. The proposed project would fill in the area where the old Safeway store was, with a 92-foot long gas station canopy 21-feet above the ground, six fueling pumps, a 419 square foot building, lights, cars, etc., all operating 24-hours per day, seven days per week. It is Staff's conclusion that this increased urban intensity would clutter and visually congest this important gateway into the City, and therefore would not complement the natural beauty of the valley or surrounding hillside area. Moreover, we have concluded that because of this increased urban intensity, clutter, and visual congestion, the proposed project would adversely impact the aesthetically qualities of the existing Safeway development and adjacent commercial areas. Staff has also concluded that the proposed project is inconsistent with the directives contained in the Ukiah Master Bicycle and Pedestrian Plan, which calls for the City's circulation system to be made safer for all pedestrians and bicyclists, and for a streetscape and path system that is not only physically adequate, but aesthetically pleasing and inviting to pedestrians and bicyclists alike. We have concluded that the proposed project and the associated traffic congestion would directly conflict with our current efforts to create a pleasing and inviting bicycle and pedestrian environment along Gobbi Street. Aside from the inconsistencies with the General Plan and Master Bicycle and Pedestrian Plan, Staff, based on regular and routine empirical observations, has concluded that the project would eliminate needed parking spaces, make existing marginal driveways unacceptable, and reduce an already marginal circulation pattern to an unacceptable level. For all of these reasons, Staff has concluded that the proposed 24-hour seven-day per week discount gas station is an inappropriate land use at this particular location, and therefore recommends DENIAL of the project. FINDINGS: . The project is inconsistent with the General Plan Vision Statement because it would clutter and visually congest the Gobbi Street gateway into the City, and therefore would not complement the natural beauty of the valley or surrounding hillside area, as called for in the Vision Statement. . The increased urban intensity and visual clutter and congestion resulting from the project would adversely impact the aesthetically qualities of the existing Safeway development and adjacent commercial areas, because the spaciousness of the parking lot would be eliminated. . The proposed project is inconsistent with General Plan Goal CD-3, because it would create an unacceptable amount of visual clutter and congestion from structures, signage, lighting, and vehicles, and therefore it would not provide an aesthetically pleasing urbanscape, where one currently exists. o The proposed project is inconsistent with General Plan Goal CD-7, because it would create an unacceptable amount of visual clutter and congestion from structures, signage, lighting, vehicles, 24- hours per day, seven days per week, and therefore it would not improve the appearance of the Gobbi Street gateways into the City. o The proposed project is inconsistent with General Plan Goal CD-9, because it would create an unacceptable amount of visual clutter and congestion from structures, signage, lighting, and vehicles, and would eliminate the openness of the current parking lot, and therefore it would not improve the appearance of Downtown Ukiah. . The proposed project is inconsistent with General Plan Policies CD-2.2, 9.2, and 9.3 because, based on regular and routine empirical observations of the site and an understanding of the proposal, the resulting congestion, signage, structures, lighting, etc., and 24-hours per day, seven days per week operation would conflict with the surrounding residential and light commercial land uses, and therefore it would not relate harmoniously with other developments in the area. o The proposed project is inconsistent with Goal Number 1 of the Ukiah Master Bicycle and Pedestrian Plan because it would make the Gobbi Street bicycle and pedestrian corridor less safe for pedestrians and bicyclists by adding traffic volumes and congestion to an intersection and segment of street already heavily burdened with cars, trucks, and bus congestion during the peak traffic periods. , The proposed project is inconsistent with Goal number 3 and supporting policy 1-3 of the Master Bicycle and Pedestrian Plan because it does not maintain a high quality of life in terms of the City's pedestrian and bicycle environment, and does not help to create a streetscape and path system that is not only physically adequate, but aesthetically pleasing and inviting to pedestrians and bicyclists alike for the following reasons: 1) it introduces an auto-dominated land use to an area already dominated by automobiles, for which the city is attempting to reduce automobile traffic by providing safe and attractive bicycle paths and pedestrian facilities for citizens to use rather than driving their cars; 2) it would add structures, signage, and lighting that would increase the visual clutter in the area and detract from the aesthetic qualities of the Gobbi Street bicycle and pedestrian corridor. 9. The project would make the overall Safeway site cramped and congested, and would create an inadequate circulation pattern for vehicles, particularly at the Gobbi Street driveway. 10. The project represents poor land use planning because it is an auto-dominated land use situated at the corner of an intersection that, according to routine and regular empirical observations conducted over the past year, experiences extremely congested traffic during peak traffic periods, and it would create a cramped and congested development on the site. 11. 12. 13. The proposed project would be detrimental to the public health, safety and general welfare because it is an auto-dominated land use proposed in an area already experiencing significant traffic congestion problems during the peak traffic periods, and it would fill in and clutter a gateway area with structures, signs, and lighting that was previously opened up and made spacious and visually pleasing when the old Safeway store was removed and the new store was constructed. The proposed five parking spaces along the eastern portion of the parking lot just south of the Main Street driveway are too close to the Main Street driveway and vehicles backing out of the spaces would conflict with automobiles and trucks entering from Main Street on their way to the gas station pumps, and/or stacking in line waiting to buy gasoline. Even though the proposed project technically meets the parking requirement for number of parking spaces, staff is able to conclude, based on regular and routine field observations, that the parking area for the existing Safeway grocery Store, which includes a pharmacy, banking facility, flower shop, and cellular phone sales, is heavily used at times, and the reduction of parking spaces resulting from the proposed project would create a deficient parking facility during the times of heavy usage, such as during the holiday season. RECOMMENDATION: After the conduct of a public hearing, 1) Approve the Negative Declaration; and 2) DENY the project based on the findings listed in the Staff Report. ATTACHMENTS: . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Correspondence received Correspondence received Correspondence received Correspondence received Correspondence received Correspondence received Site Plan and Elevation Drawings (Commission only) Mitigated Negative Declaration / Comments Received and Responses to Comments Safeway Fuel Center Project Information & Data Report (Commission only) Traffic Study, prepared by Whitlock & Weinberger (in Attachment # 3) from D. Shannon from the Ukiah Natural Foods Co-Op from Pat Beltrami from R. Reed Rinehart, Rinehart Oil, Inc. from Todd Paradis, Safeway Real Estate (in Attachment # 3) from the Mendocino County Air Quality Management District Form Letters received from interested persons Planning Commission Minutes dated March 27, 2002 Field Review Notes - April 2001 to April 2002. City of Ukiah NEGATIVE DECLARATION DATE: APPLICANTS: PROJECT NO.: LOCATION: March 1, 2002 Safeway, Inc. Major Use Permit No. 00-29 653 South State Street, City of Ukiah and County of Mendocino (Assessor Parcel Numbers 002-340-39) PROJECT DESCRIPTION/ENVIRONMENTAL SETTING: The 4.5-acre project site was developed in 1997 with a Safeway grocery store and a 227-stall parking lot that contains extensive landscaping. The 55,000 square foot grocery store takes up most of the surface area on the northern half of the site, with the parking lot to the south. The entire site is bounded by perimeter planters, with the exception of public access driveways on the east, west, and south sides of the parking lot and driveway entrances on the northeast and northwest corners of the lot that serve the one-way truck delivery driveway. The proposed auto fueling center would be developed on the southeastern portion of the site, in an area now occupied by a large landscape planter, sidewalk, and two rows of parking. The station would consist of a customer-service kiosk and five individual fuel pumps covered by a 21-foot high canopy that would be 45 feet wide and 92 feet long, with a coverage area of approximately 4,140 square feet. Columns would support the canopy, which would be partially covered by a cement plaster fa(;ade and cornice structure colored to match the existing store. It would also require the installation of two 20,000-gallon fuel- storage tanks beneath a paved area west of the fueling station. Project plans do not include tank specifications or installation details. The 419 square foot customer-service kiosk would be 12 feet wide by 36.5 feet long, with a maximum height of 14.5 feet. This building would be constructed with arches and columns similar in style to those used on the store to the north, with cement plaster walls colored to match those on the store. This kiosk would have large glass windows on the east, west, and south sides, and an employee entry door on the north elevation. A single pump island would be located on the east side of the kiosk, with two pumps each on the north and south sides of the building. The construction of the fuel station would require modifications to approximately 18,000 square feet of the project site. Specific modifications would require the elimination of 30 parking stalls and the replacement of two large planter areas on the end of two interior parking rows. ENVIRONMENTAL ANALYSIS: Potential significant adverse impacts identified in this initial study include earth/soils, air quality, traffic, and lighting. FINDINGS SUPPORTING A NEGATIVE DECLARATION: . Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, does not have the potential to degrade the quality of the local or regional environment; . Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals; . Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in impacts that are individually limited, but cumulatively considerable; and . Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project will not have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This document may be reviewed at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Charles Stump, Planning DirectodEnvironmental Coordinator March 1, 2002 Date .Z. -l l City of Ukiah INITIAL STUDY OF POTENTIAL ENVIRONMENTAL IMPACTS BACKGROUND INFORMATION . . Project Proponent: Address of Proponent: 3. Name of Project: 4. Site Location: . . . . Safeway, Inc. . 5918 Stoneridqe Mall Road, Pleasanton, CA Major Use Permit No. 00-29 653 South State Street, Ukiah, CA- (APN 002-302-30) Date of Initial Study Preparation: March 1, 2002 Name of Lead Agency: City of Ukiah Planninq Department Phone Number of Lead Agency: (707) 463-6200 Address of Lead Agency: 300 Seminary Avenue, Ukiah CA 95482 Project Description: The approval of the proposed Major Use Permit would allow a gas station to be developed in the parking lot of the existing Safeway store property. The proposed gas station would be developed on the southeastern corner of the site, at the intersection of Gobbi and Main Streets. It would include a customer- service kiosk and five individual fuel pumps covered by a 21-foot high canopy that would be 45 feet wide and 92 feet long, with a coverage area of approximately 4,140 square feet. White poles would support the canopy, which would be partially covered by a cement plaster fac~ade and cornice structure colored to match the existing store. It also includes the installation of two 20,000-gallon fuel-storage tanks beneath a paved area along the eastern side of the existing Safeway store. The 419 square foot customer-service kiosk would be 12 feet wide by 36.5 feet long, with a maximum height of 14.5 feet. This building would be constructed with arches and columns similar in style to those used on the store to the north, with cement plaster walls colored to match those on the store. This kiosk would have large glass windows on the east, west, and south sides, and an employee entry door on the north elevation. 10. 11. 12. 13. The construction of the gas station would require modifications to approximately 18,000 square feet of the project site or about 1/3 of the total parking lot area. Specific modifications would require the elimination of 30 parking stalls and the replacement of two large planter areas on the end of two interior parking rows. The existing pedestrian walkway would be relocated to the west. A monument sign is proposed at the corner of Main and Gobbi Streets, and typical gas pricing signs can be anticipated. Environmental Setting: The 4.5-acre project site is a relatively fiat lot developed with a grocery store and a 221-stall parking lot that contains extensive landscaping. The 55,000 square foot grocery store is a tall, rectangular building that takes up most of the surface area on the northern half of the site, with the parking lot to the south. The entire site is bounded by perimeter planters, with the exception of public access driveways on the east, west, and south sides of the parking lot and driveway entrances on the northeast and northwest corners of the lot that serve the one-way truck delivery driveway. Summary of Conclusions: This Initial Study concludes that as mitigated, the project will not result in significant adverse environmental impacts. A number of mitigation measures have been identified to off-set potentially significant impacts related to soils/earth, air quality, lighting, and traffic. The mitigation measures will be incorporated into the project design or implemented on an on-going basis. A mitigation monitoring program has been prepared to ensure proper implementation. Accordingly, Staff has concluded that a Mitigated Negative Declaration is appropriate for the project. The Initial Study notes that there are clear inconsistencies with the goals and policies of the Community Design Element of the Ukiah General Plan, as well as with the programs contained in the Ukiah Bicycle and Pedestrian Master Plan. These inconsistencies are policy level rather than environmental issues, and therefore are not identified as environmental impacts in need of mitigation. Project Plans, Maps, Technical Studies, and Associated Materials: All project Plans, Maps, Technical Studies, colored renderings, etc., are available for review at the Ukiah Planning Department. A Location Map and Site Plan are included with this document. Per~)~~~/sib.~~,P_~.~ial Study: UKIAH. STR~'C"I S T~IR CR~S~IG 0F STATE f~TH 0R ~UTH r~ THE~ PROJECT SITE RIVERSIDE PARK CITY OF UKIAH SAFEWAY FUELING STATION Use Permit 00-29 2--I · ! I I / iii / ENVIRONMENTAL REVIEW INITIAL STUDY CHECKLIST Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS -Would the project: a) Have a substantial adverse effect on an officially designated scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially conflict with the architecture of the surroundings built environment? d) Create a new source of substantial light or glare with would adversely affect day or nighttime views in the area? II. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1977) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a VVilliamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III AIR QUALITY Where available, the significant cdteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Conflict with or obstruct implementation of the applicable air quality plan? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteda pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Conflict with the provisions of an adopted habitat Conservation Plan, natural Community Conservation Plan, or the approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.57 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.57 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i.) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area, or based on the other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii.) Strong seismic ground shaking? iii.) Seismic-related ground failure, including liquefaction? iv.) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potential result in on- site or off site landslide, lateral spreading, subsidence, liquefaction, or collapse? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. Where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the projected area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Expose people or structures to the risk of loss, ~njury or death involving wildland rites, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table lever (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-site or off- site? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-site or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? v-- g) Place housing within a 100-year floodplain as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or a dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? b) Be inconsistent with the zoning classification for the property? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a know mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Xl. NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration groundbome noise levels? a) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? v-- e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XlI. POPULATION AND HOUSING -Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastucture)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Xlll. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? XVl. UTILITIES AND SERVICE SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new waste or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact .t) Have sufficient water supplies available to serve the project from existing entitlements and resources, ~: or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ~ project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ~ disposal needs? g) Comply with federal, state, and local statutes and ~ regulations related to solid waste? XVlI. MANDATORY FINDINGS OF SIGNIFICANCE A. Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES ~ NO B. Shod-term: Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short-term impact on the environment is one, which occurs, in a relatively brief, but definitive, period of time; long-term impacts will endure into the future). YES ~x NO C. Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? (A project may have impacts on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant.) YES No D. Substantial Adverse: Does the project have environmental effect that will cause substantial adverse effects on human beings, either directly or indirectly? YES /~ NO XVlII. DETERMINATION: On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. v~r~ro I find that, although the proposed project could have a significant effect on the en nment, there will not be a significant effect in this case because the mitigation measures described within the initial study will be incorporated into the design of the project or required by the City of Ukiah. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. However, because the project is clearly inconsistent with the goals and policies of the Ukiah General Plan and the programs of the Ukiah Bicycle and Pedestrian Master Plan, Section 15270 of the CEQA Guidelines will be relied upon. This Section states that CEQA does not apply to projects that a public agency rejects or disapproves. The purpose is t ,~elieve an applicant from paying the costs of an EIR prior to the di', th,~'~r(  ' ~"~/~ Charles Stump Print Name lead ag..e~ ;y's s, approval ,of roject. Planning Director/Environmental Coordinator Title SUGGESTED.MITIGATION MEASURES 1. EARTH/SOILS: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. According to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. Site topography is relatively fiat, with a paved grade decline of less than one percent (1%) carrying drainage to storm drain inlets throughout the site. According to information compiled by the U.S. Department of Conservation, the project site is underlain by a variety of "urban" soil types, which consist of naturally occurring soils that have been mixed with various fill deposit materials. The relatively fiat site does not contain any unique geologic or physical features, or known areas of instable soils that would be affected by development of the site. a. Significance Criteria: A Significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to property and/or human life, or hazards such as earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation instability, erosion, soil instability, or other problems of a geologic nature that cannot be mitigated through the use of standard engineering design and seismic safety design techniques. b. Impacts: The soils on the 4.5-acre site have been substantially altered by the introduction of dirt, fill materials, and soil amendments that have resulted in an urban soils mix that has no unique geologic or physical features. Grading and trenching required to construct the gas station and install the fuel storage tanks will require earth-moving activities over at least 18,000 square feet, but no destruction, covering, or modification of any unique geologic physical features since the soils affected do not contain such features. There would also be no substantial impacts to creek channels or other bodies of water since soils from the site would not drain directly into any such water source. In addition, standard erosion control measures will be required dudng site preparation activities. There are no known fault lines on the project site, but the site is located near enough the Maacama Fault to expose gas station users to an earthquake measuring approximately 7.4 magnitude on the Richter scale. However, it is the opinion of Planning staff that customers and employees would not be overtly exposed to significant hazards from such an earthquake since the California Building Code requires all new construction on the site to incorporate seismic safety building features considered appropriate for this area. The trenching and grading activities required to construct the gas station and underground tank storage will require that the paving and landscaping on 18,000 square feet of the existing grocery store development be removed. Much of this work would be minor in nature due to the large amount of grading and soil compaction done dudng the development of the grocery store site. However, City Engineering staff noted that the tank z-- 2.7 installation work and other grading activities could cause significant adverse disruptions to site soils and wind or water erosion if these activities are not done in a manner that is consistent with City grading standards. Therefore, the City Engineer will require the approval of a Grading and Drainage Plan prior to any grading or the installation of the underground storage tanks. Planning staff also noted that soils left exposed during grading activities could cause significant short-term increases in fugitive dust emissions (PM-10). Mitigation measures are recommended in Section 20 of this Initial Study to offset this potentially significant adverse air quality impact. c. Mitigation: The following measure is required to mitigate potentially significant earth- moving impacts. . No grading, excavation, or other development shall be permitted on the project site without the review and approval of a Grading and Drainage Plan by the City Engineer. This Plan shall include, but not be limited to, the following: a. The extent of modifications to existing drainage patterns on the site; b. The extent of storm drain modifications and erosion control measures for tank installation, building pads, driveways, parking lots, and other movements of soils; c. Other development that the City Engineer determines could adversely affect existing drainage patterns or storm drainage facilities on the site or on abutting properties; and d. The incorporation of the PM-10 Mitigation Measures listed in Section 20 of this Initial Study. 2. WATER: The project site is located in the general watershed for Mendocino Creek, which flows from the western hills of Ukiah into the Russian River. According to the Flood Insurance Rate Map (FIRM Community-Panel No. 060186 0001 E) prepared the area by the Federal Emergency Management Agency; the site is not located in any floodway or floodplain. Site plans for the project show that approximately 18,000 square feet of the site would be affected by grading, compaction, and coverage of soils to accommodate the project. However, the majority of the affected area was already disrupted and paved in 1997 during the construction of the existing grocery store. a. Significance Criteria: Significant impacts associated with hydrology and water quality would result from a project if water quality standards or waste discharge requirements were violated; groundwater and surface water quality and quantity were substantially altered; drainage patterns were substantially altered that would increase erosion/siltation and increase surface runoff; increase runoff that would exceed capacity of existing or planned drainage systems or add a substantial source of pollution; located on a l O0-year floodplain; or expose people to hydrological hazards such as flooding or inundation by seiche, tsunami, or mudflow. b. Impacts: The earth-moving work required to build the fueling station would not cause substantial changes to the course of water movements or alterations to absorption rates or the flow of surface water runoff into any water body since the affected area was already paved during the grocery store development. City Engineer staff noted that the drainage patterns on the site could be adversely altered during the removal and replacement of the existing pavement, and required that any drainage changes be included in the required Grading and Drainage Plan (see Mitigation Measure No. 1 under EARTH/SOILS). City Engineering staff also noted that surface water quality could be adversely affected if large quantities of gasoline or other fuel were to leak from the pumps and find their way into storm drains. However, staff does not anticipate any significant impacts to surface water quality since the applicants are proposing to install automatic shut-off valves on the gas pumps to stop substantial fuel leaks from occurring. Staff does not anticipate significant impacts to the direction or rate of flow of ground water, or changes to the quantity of ground water below the site since the project site has been paved for many years. In addition, the ground water supplies below the site are replenished regularly by sub-surface flows from the hills to the west. Ground water quality could be significantly degraded if one or both of the 20,000-gallon tanks were to leak, but staff does not anticipate such leaks will occur since leak- monitoring equipment is now a standard requirement on all such tanks. Furthermore, the tanks will be installed under the supervision of staff from the Mendocino County Department of Environmental Health, who will also regularly inspect the tanks to ensure that required maintenance is performed on schedule. In terms of water supply, City Water and Sewer Department staff noted that the gas station kiosk could be connected to water mains in the Gobbi Street and Main Street frontages with no appreciable effects to existing water supplies. The Flood Insurance Rate Map (FIRM Community/Panel Number 060186 0002 D) prepared by the Federal Emergency Management Agency (FEMA) for the area shows that it is not located in any floodway or floodplain for Gibson Creek. Therefore, no adverse impacts from floods caused by storms are anticipated. The project site is downstream of Lake Mendocino and would be inundated by floodwaters in approximately 24 minutes should Coyote Dam fail, according to resources from the U.S. Corp of Engineers. However, the potential exposure of people or property to flooding is not considered to be significant risk factor since the dam was constructed to accommodate natural stress factors and is operating within its structural parameters. c. Mitigation: See Mitigation Measure No. 1 in discussion on EARTH/SOILS. 3. PLANT LIFE: The 4.5-acre site is heavily landscaped with nonnative omamental vegetation, including shrubs, and groundcovers, and approximately 62 trees that are expected to provide effective shading of parking lots and screening of the 55,000 square foot grocery store building when they mature. The site does not contain any plants considered native to the Ukiah area, nor are there any plants that are listed on Federal or State listings for rare or endangered plants. a. Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: Substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service or any species protected under provisions of the Migratory Bird treaty Act (e.g., burrowing owls); · Substantial effect upon sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; · Substantial effect (e.g., fill, removal, hydrologic interruption) upon Federally protected wetlands under Section 404 of the Clean Water Act; Substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; · Conflict with any local policies/ordinances that protect biological resources (e.g., tree preservation policy or ordinance); b. Impacts: The project site does not contain any agricultural crops or plants that are listed as unique, rare, or endangered, so no impacts to such vegetation would occur as a result of the gas station development. The site is landscaped with a wide assortment of groundcover, shrubs, and approximately 62 ornamental trees, including Scarlet Oaks, Raywood Ash, Chinese Hackberry, Idaho Locust, and Liquid Amber trees. The development of the fueling station would require that eleven of these trees be removed and replaced with six Sweet Gum trees and four Chinese Pistache trees. However, this change to the previously approved landscape plan is not considered a substantial change in the diversity of species or numbers, or an adverse introduction of plant species, since all the trees are nonnative ornamentals that are suited to the Ukiah climate. c. Mitigation: None required. 4. ANIMAL LIFE: According to the Natural Diversity Data Base prepared by the California Department of Fish and Game there are no known rare, threatened, or endangered animals that use the subject property for habitat or migration. a. Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: Substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service or any species protected under provisions of the Migratory Bird treaty Act (e.g., burrowing owls); · Substantial effect upon sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; · Substantial effect (e.g., fill, removal, hydrologic interruption) upon Federally protected wetlands under Section 404 of the Clean Water Act; Substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; · Conflict with any local policies/ordinances that protect biological resources (e.g., tree preservation policy or ordinance); b. Impacts: The project site is a densely developed commercial area that is bounded by major streets on three sides, and contains no rare or endangered animal life or habitat for animal life other than the relatively small areas devoted to live plant landscaping. However, these area are not considered to be particularly viable for animal life habitat or migration, and the Planning Department therefore concludes that no significant impacts to animal life would be caused by the gas station development. c. Mitigation: None required. 5. NOISE: The site is situated in a dense urban environment surrounded by typical urban sounds, such as vehicle noises, noise from aircraft, human voices, etc. The construction and operation of the proposed gas station would cause an increase in the number of persons and vehicles using the site, which would result in short-term and long-term increases in ambient and incidental noises. a. Significance Criteria: A project will typically have a significant noise impact if it meets any of the following criteria: . Exposes people to or generate noise levels in excess of standards established in the local General Plan or noise Ordinance. . Causes a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. . Causes a substantial temporary or periodic increase' in ambient noise levels in the project vicinity above levels without the project. b. Impacts: Based on where the project site is located, it is not anticipated that the proposed gas station would cause a significant increase in either ambient or incidental noise levels at the site. c. Mitigation: None required. 6. LIGHT AND GLARE: Low levels of light and glare are expected from window openings on the fueling station kiosk structure, and additional lighting sources would occur from vehicle headlights and security lighting on the underside of the canopy that would cover the kiosk and fuel pumps. a. Significance Criteria: Aesthetic impacts would be significant if the project resulted in the obstruction of any scenic view or vista open to the public, damage to significant scenic resources within a designated State scenic highway, creation of an aesthetically offensive site open to the public, substantial degradation to the existing visual character or quality of the site and its surroundings, or generates new sources of light 'or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the project. b. Impacts: Minor increases in light and glare would be caused by the glass windows and doors proposed for the kiosk structure, but these windows would be covered by the larger canopy structure and no substantial light or glare impacts are expected. The applicants indicated that fluorescent lighting would be installed beneath the canopy, which would allow lighting to spread beyond the canopy. While it is doubtful that this lighting would cause accidents or other health effects, staff is concerned that lighting that is too bright would be inconsistent with other lighting on the site and could cause a significant adverse visual impact. This concern is based on staff observations of the lighting associated with existing gas stations within the City. c. Mitigation: The following measure is required to mitigate potential adverse visual impacts cause by excessive lighting: . A Lighting Plan for the auto fuel station canopy shall be reviewed and approved by the Planning Director pdor to the issuance of a Building Permit to ensure that canopy lighting does not adversely impact surrounding properties. Canopy lighting shall be Iow/moderate wattage, and shall be focused downward to shine onto the pumps and in no case should extend beyond the fuel station apron. 7. LAND USE: The project site is designated and zoned for commercial use. The Ukiah Municipal Code requires Use Permit approval for gas stations within the C-1 (Community Commercial) Zoning District, and the applicants are pursuing such an entitlement. a. Significance Criteria: Significant land use impacts would occur if the project substantially conflicted with established uses, disrupted or divided an established community, or resulted in a substantial alteration to present or planned land uses. Proposed project consistency with the Ukiah General Plan and zoning and any other applicable environmental plans and policies is also evaluated in making a determination about potential land use impacts. b. Impacts: While gas stations are typically located along commercial corridors, the proposed facility is situated within a busy and congested portion of downtown Ukiah. The Safeway store site has unique development constraints. It is situated along two of City's busiest intersections, is located along two important gateways as defined in our General Plan, and is adjacent to a newly emerging bicycle and pedestrian corridor. Staff is able to conclude that adding an automobile dominated land use to this "built-out" site would significantly compromise functionality of the existing Safeway store, and would add significant visual clutter to this gateway location. Staff is able to conclude further that the project is inconsistent with a number of goals and policies of the Ukiah General Plan and adopted Master Bicycle and Pedestrian Master Plan, and to permit the proposed project at this site would represent poor land use planning. This conclusion represents a General Plan consistency issue rather than a potentially significant adverse environmental impact. Accordingly, no significant environmental impact in this topical area is identified. c. Mitigation: None required. 8. NATURAL RESOURCES: The development of the fuel station would require the use of common natural resources, including earthen materials and other natural materials or alloys. a. Significance Criteria: Impacts to natural resources would be substantial if the 8 proposed project resulted in'the loss of significant or locally important materials such as minerals, gravel, sand, and heritage trees. b. Impacts: The construction of the kiosk and canopy structures will require the use of metals and other natural building materials, and the use of earthen materials for the installation of the underground fuel storage tanks, landscaping, and paving. However, there is nothing in the project design to indicate these materials would be used in amounts that would cause significant increases in the rate of use for these materials or the need to develop additional resources. The fuel station will dispense gasoline and other fossil fuels, but the sale of these products at this location will not cause shortages or require that new sources be developed. c. Mitigation: None required. 9. RISK OF UPSET: The proposed gas station will require the storage and pumping of approximately 40,000 gallons of gasoline, which is a hazardous substance, but no other hazardous substances would be routinely used or stored at the site. The fueling station would be located on the southeast portion of the site, which is accessible via driveways located along the frontages for Main Street, Gobbi Street, and State Street. a. Significance Criteria: A significant impact to the environment and the public associated with hazards and hazardous materials would result from a project if any of the following occurred: Creation of a significant hazard to the public or environment by routine transport, use or disposal of hazardous materials or from foreseeable upset and accident conditions; · Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school; · Location of a project on a listed hazardous materials site compiled pursuant to Government Code Section 65962.5; · Impairment/interference with adopted emergency response plan or emergency evacuation plan; b. Impacts: The gas station would store and dispense large quantities of gasoline, which is extremely hazardous if ingested and extremely explosive if exposed to open flames or other igniting sources. However, the fueling station construction and the installation of the storage tanks are subject to specific permitting requirements by the Mendocino County Environmental Health Department and other regulatory agencies to ensure that gasoline stocks are not released into situations where it could cause an explosion or be ingested by humans. Environmental Health staff will also require regular inspections and monitoring to ensure that the fuel station equipment is maintained. The construction and maintenance of the fuel station is also subject to permit requirements of the Mendocino County Air Quality Management District, which will review the construction plans for the fuel pumping system pdor to its operation. District staff will also require the approval of a vapor recovery system that will ensure that toxic gasoline fumes are not released dudng the delivery of gas to the underground tanks or dudng gas pumping by fuel station customers. Based on the permit review procedures discussed above, it is the opinion of Planning staff that the dsk of an explosion or the release of hazardous substances is not significant enough to require mitigation. The Ukiah Fire Marshal has reviewed the project and determined that there would be no impediments to the safe and efficient evacuation of the fueling center site in the event of an emergency since the site has multiple accesses. Therefore, no emergency evacuation mitigation measures are considered necessary for this project. c. Mitigation: None required. 10. POPULATION: The current population for the City of Ukiah is 15,497 persons, with a projected annual growth rate that is less than two percent (2.0%) per year. a. Significance Criteria: Population impacts would be significant if the project induced substantial direct or indirect (e.g., road extensions) population growth in an area. b. Impacts: Planning staff anticipates that the operation of the proposed gas station would require only five to six persons to cover multiple shifts, which is a .0004 percent increase over the existing population. Based on this very minor increase, staff concludes that there would be no significant alterations to the location, distribution, density, or growth rate of the human population of Ukiah. c. Mitigation: None required. 11. HOUSING: The project site is designated in the Ukiah General Plan for C (Commercial) land uses and is in the C-1 (Community Commercial) Zoning District and is developed with a large grocery store and parking lot. a. Significance Criteria: Housing impacts would be significant if the project displaced substantial numbers of existing houses and/or substantial numbers of people, thus requiring replacement housing elsewhere. b. Impacts: The project site is developed with a grocery store and a large parking lot that effectively preclude large-scale residential development on the site. Therefore, this project would have no significant effects on existing housing stocks. Staff also noted that the potential increase in population from new employees of the fueling center would be approximately six persons, so the demand for new housing is not significant in this case. c. Mitigation: None required. 12. TRANSPORTATION/TRAFFIC/CIRCULATION: a. Significance Criteria: According to the Ukiah General Plan Circulation Element, the minimum acceptable level of service (LOS) on City residential streets/intersections is LOS "C." Other criteria include whether the project would have substantial effects upon air traffic patterns; whether the project would increase traffic hazards due to design features; whether the project has inadequate emergency access; whether the project has inadequate parking capacity; and whether the project would create conflicts with adopted policies, programs and plans for alternative transportation. 10 b. Background: After reviewing plans for the proposed gas station, Planning staff advised the applicants that an independent traffic study would be required and the engineering firm of Whitlock and Weinberger Transportation, Inc. was hired by the applicants to analyze projected increases in traffic and its impact on local streets and intersections. This analysis is attached to the Initial Study. c. Existing Conditions: The 4.5-acre site is located at the southern entrance to the City's downtown core, with public street frontages along South State Street, East Gobbi Street, and South Main Street. South State Street, which is west of the site, is a principal arterial that runs in a north-south direction, with an access driveway to the Safeway site and a Mendocino Transit Authority (MTA) bus stop on its East Side. East Gobbi Street is a 40-foot wide, two-lane street that runs in an east-west direction on the south side of the project site. This street has an access driveway along the south side of the project site, with a bike lane and another MTA bus stop on its westbound side. South Main Street is a two-lane street that also runs in a north-south direction, with a left- turn lane for traffic turning east and a driveway onto the East Side of the project site. This public street ends at its intersection with Gobbi Street, which is accessed by Porzio Lane, a private drive, on its south side. The intersection of State Street and Gobbi Street is signalized, with protected left-turn pockets and pedestrian crosswalks on all four approaches. This intersection currently operates at Level of Service C (LOS C) during the peak morning hour and LOS D during mid-day and peak evening hours. The Gobbi Street/Main Street intersection does not have a signal, but it is posted with stop signs on all four approaches. This intersection currently operates at LOS C during the peak morning hour and peak evening hour, and at LOS B during mid-day. d. Daily Vehicle Trip Generation and Pass-by Traffic Rates: The authors of the traffic analysis used standard traffic generation data from the Institute of Traffic Engineers to determine that the gas station would generate 1,528 additional daily vehicle trips. The study also determined that there would be 101 trips during the weekday a.m. peak hour, 132 trips during the weekday p.m. peak hour, and 162 trips during the weekend mid-day peak hour. However, the analysis also determined that at least fifty percent of the projected trips would be from pass-by traffic and would not represent new trips on the affected roads and intersections. Based on the assumed pass-by rate, daily vehicle traffic would be reduced to 764 trips, with 51 trips at weekday a.m. peak hour, 66 trips during weekday p.m. peak hour, and 81 trips during the weekend mid-day peak hour. e. New Levels of Service: The traffic study concludes that the levels of service at affected intersections would not decline as the result of traffic caused by the auto fueling center, as shown in Table I on page 5 of the submitted traffic study. This table, which compares existing conditions with existing-plus project conditions, shows that all of the affected intersections would continue to operate at LOS D or better, which is regarded as acceptable for commercial intersections in the Ukiah General Plan. f. Traffic Impacts Resulting from the Project: The City General Plan establishes LOS D as the minimum acceptable level of service for "commercial" street intersections. In this case, all of the affected intersections now operate at LOS A-C, with the exception of the State Street/Gobbi Street intersection, which operates at LOS D dudng the mid-day peak 11 hour. The traffic study prepared for the project determined that delays at all of the intersections would increase, but none of the projected delays would cause the actual level of service to decline to an unacceptable level. The authors of the traffic study noted that the proposed location of the fuel station is expected to cause more traffic to use the driveway entrance on Gobbi Street. This street has no turn lane from this driveway and vehicles turning left from the eastbound traffic lane could significantly impede eastbound traffic flows while they attempt to enter the site. Therefore, City staff concur with the traffic consultants recommendation that the striping on East Gobbi Street be changed to provide a two-way left-turn lane that would allow vehicles to stack outside the traffic lane. This requirement has been included as a mitigation measure below. Empirical Observations: Over the past year, City staff has conducted field visits to the site dudng peak hours to observe traffic conditions. Dudng these field observations, staff observed Gobbi Street, between State Street and Main Street to be fully loaded with vehicles, which paralyzed the two intersections. These observations were performed during the afternoon and evening peak hours dudng the week, and during mid-afternoon on the weekends. Based on these field observations, staff is able to conclude that at times, the traffic along Gobbi Street between Main Street and State Street is extremely congested, and therefore, the traffic counts and conclusions in the Traffic Study are questionable. Moreover, the introduction of an auto dominated land use at the Gobbi Street/Main Street comer would only worsen this condition. g. Site Access and Circulation: The Traffic Study concludes that the overall operation of the on-site driveways during evening peak hours would be LOS A, but that the average delay on the State Street driveway approach during the weekend peak hour would increase from 23.6 seconds to 33.7 seconds, resulting in a decline from LOS D to LOS E. For drivers exiting the site on this driveway, the average delay would be 41.8 seconds, which represents a LOS F. The traffic study concludes that these average delays are not significant since such delays are common to other driveway entrances along State Street. Staff disagrees that this does not represent a significant adverse impact. Just because there are a number of unacceptably operating driveway encroachments along State Street doesn't mean that the City should allow another one. Staff is able to conclude that this represents a hazardous traffic situation, and a significant adverse impact. In response to this concem, the applicants submitted a proposed solution/mitigation involving the creation of two-way left turn lanes on South State Street. This mitigation (illustration submitted on February 11, 2002) has been reviewed by the City Engineer, who has concluded that it is technically feasible, but marginally acceptable. This conclusion was reached because the proposed left tum pockets would only be 5-feet in width, where 9-11 feet are desirable. h. Parking: The development of the proposed gas station will require the removal of 30 parking stalls, leaving the Safeway site with 193 stalls. Planning staff confirmed that the existing grocery store and the gas station use would require a total of 186 parking stalls and that the site would, therefore, have a "surplus" of 7 parking stalls. The applicants also submitted a Parking Usage Audit submitted with the Traffic Study and concluded that the stalls proposed for removal are not those most frequently used by customers. While empirical observations reveal that the Safeway parking lot does reach capacity at times, particularly dudng the holiday season, the number of proposed parking stalls does technically meet the requirements of the Ukiah Municipal Code. i. Mitigation Measures: The following Mitigation Measures are recommended to off-set traffic/circulation related impacts: . The two-way turn lane on East Gobbi Street shall be restriped to include a two-way left-turn lane. The City Engineer shall approve the final engineered design prior to the issuance of a Building Permit. . The final re-striping plan for South State Street, shall be prepared by a registered professional engineer, and shall be in general conformance with the supplemental diagram submitted on February 11, 2002. The re-striping shall be implemented and constructed prior to final inspection and the issuance of a certificate of occupancy for the fueling station. 14. PUBLIC SERVICES: The City of Ukiah provides a wide array of public services to the site, including public safety and electrical, water and sewer services, and maintains all three public streets that front the site. a. Significance Criteria: Impacts to public services would be significant if the project resulted in adverse physical impacts upon capacity that would lead to construction of new public facilities or substantial alteration to existing governmental facilities to maintain acceptable service levels or performance levels. b. Impacts: Planning staff contacted various agencies that would provide public services to the proposed gas station and noted none of these agencies anticipated any substantial impacts to existing services or the need for substantial new services. Individual analyses of the potential impacts to these services are outlined below: . The Ukiah Fire Marshal noted the development of the gas station would require compliance with a number of ministerial Fire Code mandates, but would cause no substantial adverse impacts on fire protection services. 2. City Police Department staff also reviewed the proposed fueling station and indicated that its operation would not cause substantial effects to police services or a need for more personnel. 3. No comments were required from the Ukiah Unified School District since the gas station would not cause any substantial increase in the number of the school-age children living in the area. . City Community Services staff reviewed the proposed project and indicated no substantial impacts to local public recreation facilities are anticipated since the relatively small number of persons required to operate the station would not increase recreation facilities use by a substantial amount. o The proposed gas station would be privately owned and operated, but would require work by City staff to connect them to public utilities, including electrical, sewer, and water services. However, Public Utilities staff determined this work could be supervised and inspected by City of Ukiah staff without major increases in staffing levels or work hours, and would not require regular maintenance activities. o The construction and operation of the proposed gas station would require permit review and monitoring by staff from the Mendocino County Environmental Health Department and the Mendocino County Air Quality Management District, but will not require increased staffing levels. c. Mitigation: None required. 14. ENERGY: The construction and operation of the proposed auto fueling center would require the use of common energy sources, such as electricity and natural gas for lighting and cooling operations. a. Significance Criteria: A project will typically have a significant impact if it causes the use of fuel or energy in a wasteful manner, or encourages activities which result in the use of large amounts of fuel or energy. b. Impacts: The proposed fueling station would utilize local electrical sources, but the increase in energy usage is not expected to be significant since the kiosk and canopy are relatively small structures that would not require large levels of lighting or heating. Furthermore, the proposed buildings would be constructed with materials (e.g. double-pane windows, insulation, stucco walls) that comply with the energy efficiency requirements of the Uniform Building Code. c. Mitigation: None required. 15. UTILITIES: The development of the apartment complex would require minor expansions to existing electrical transmission facilities and extensions to existing sewer and water mains. a. Significance Criteria: Impacts to utilities and service systems would be significant if the proposed project results in a physical need to develop new systems or causes a substantial physical alteration to existing facilities. b. Impacts: Staff of the City Electrical Department indicated the provision of electrical service to the proposed fueling station would require an expansion of the existing electrical transmission systems located south of the building. Staff also indicated this service might require new or expanded easements to allow installation and continued maintenance of electrical equipment. However, Electrical Department staff does not anticipate the work required to connect this building would cause long-term power stoppage or any other significant adverse impacts to existing electrical transmission facilities. According to staff from the Water and Sewer Department, the fuel station facility could be connected to water and sewer mains in the public right-of-way for Main and Gobbi Streets. Department staff also determined that such work would not cause long-term stoppages or adverse modifications to existing systems. c. Mitigation: None required. 16. HUMAN HEALTH: The subject property is in an area of the City that is generally recognized as having no known sources of significant contamination that could expose persons to existing health hazards. However, persons using the fuel station or surrounding areas would be exposed to health hazards from gasoline, which is hazardous, and potentially explosive, substance. a. Significance Criteria: A significant impact to the environment and the public associated with human health would result from a project if any of the following occurred: Creation of a significant hazard to the public or environment by routine transport, use or disposal of hazardous materials or from foreseeable upset and accident conditions; · Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school; · Location of a project on a listed hazardous materials site compiled pursuant to Government Code Section 65962.5; Impairment/interference with adopted emergency response plan or emergency evacuation plan b. Impacts: The development and operation of the auto fueling station would expose persons to various hazards associated with gasoline, including its toxicity if ingested and its potential for causing explosions or rites. However, as staff noted in the discussion on RISK OF UPSET, the potential for such occurrences is less than significant due to the stringent permitting and inspections processes done by the Mendocino County Environmental Health Department and the Mendocino County Air Quality Management District. Therefore, no hazard-related mitigation measures are required. c. Mitigation: None required. 17. AESTHETICS: Aesthetics and visual quality are subjective in nature. What may be regarded as a significant adverse visual impact to some may be regarded as a minor nuisance to others. However, the Community Design Element of the Ukiah General Plan contains goals and policies intended to ensure a pleasing visual quality in urban design. Accordingly, these goals and policies constitute the thresholds of significance for evaluating the potential aesthetic impacts of the project. a. Significance Criteria: Aesthetic impacts would be significant if the project resulted in the obstruction of any scenic view or vista open to the public, damage to significant scenic resources within a designated State scenic highway, creation of an aesthetically offensive site open to the public, substantial degradation to the existing visual character or quality of the site and its surroundings, or generates new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the project. b. Impacts: General Plan Vision Statement: "Aesthetics in Planning" The Vision statement contained in the General Plan directs commercial development to "complement rather than compromise the natural beauty of the valley." It also states that Ukiah citizens envision the "aesthetic enhancement of commercial development..." When the old Safeway store was demolished, and the new store developed to the north, it opened up a cluttered and uninteresting intersection along a main gateway corridor into the City. When approaching the intersection of Main and Gobbi Streets from the east, the new viewshed looking across the beautifully landscaped Safeway site and up to the western hillside has provided a tremendously positive gateway statement for the City. This opened-up view of the natural hillside helps the new Safeway store development to compliment, rather than compromise the natural beauty of the valley, and is widely regarded as an aesthetic enhancement to this commercial area of the City. The proposed project would fill in approximately 6000 square feet of this newly opened- up area with a 92-foot long canopy 21-feet above the ground, five fueling pumps, a 419 square foot building, lights, cars, signs, etc. It is our conclusion that this increased urban intensity would clutter and visually congest this important gateway into our City, and therefore would not complement the natural beauty of the valley or surrounding hillside area. Moreover, we have concluded that because of this increased urban intensity and visual congestion, the proposed project would adversely impact the aesthetically qualities of the existing Safeway development and adjacent commercial area. This represents a significant adverse impact, and an inconsistency with the General Plan Vision Statement. Community Design Element Goals CD - 3, CD - 7, and CD - 9 CD -3: "Provide an aesthetically pleasing urbanscape." CD -7: "Improve the appearance of area gateways." CD -9: "Improve the appearance of Downtown Ukiah." For all the above reasons, we are able to conclude that the proposed project is inconsistent with these important General Plan goals. Community Design Policies CD - 2.2, CD - 9.2, and 9.3 CD - 2.2: "Ensure that developments relate harmoniously with each other within districts." CD - 9.2: "Ensure compatibility of new development in the downtown area." CD - 9.3: "Ensure Downtown design that will enhance the character of the area." Similarly, we are able to conclude that the proposed project is inconsistent with these important General Plan policies. Ukiah Bicycle and Pedestrian Master Plan The Ukiah Bicycle and Pedestrian Master Plan was adopted by the City Council in February of 1999. One of the important programs contained in the Plan is to create a safe and attractive bicycle/pedestrian corridor along Gobbi Street from Yokayo Elementary School to Riverside Park. While it is a challenging endeavor along this important Gateway, we have made progress in the past several months. We recently received a $40,000 grant to fill in gaps of missing bicycle lanes along this stretch of Gobbi Street, and we are actively pursuing additional funding for other improvements. We are concerned that the proposed "auto-related" project would add additional vehicles and automobile activity to this corridor, and conflict with our goals for creating a safe and attractive bicycle/pedestrian corridor. While the increase in traffic may not result in significant delays for vehicles at intersections, it does increase hazards to bicyclists and pedestrians. Goal number I of the Ukiah Bicycle and Pedestrian Master Plan is to "make the City's circulation system safer for all pedestrians and bicyclists..." We are able to conclude that the proposed project would do just the opposite, and directly conflict with this Goal. Goal number 3 of the Plan is to maintain a high quality of life in terms of the City's pedestrian and Bicycle environment. Policy 1-3 supporting this Goal calls for the creation of a "streetscape and path system that is not only physically adequate, but also aesthetically pleasing and inviting to pedestrians and bicyclists alike." We are able to conclude that the proposed project and the associated congestion would directly conflict with our current efforts to create a pleasing and inviting bicycle and pedestrian environment along Gobbi Street, and therefore is inconsistent with this goal and policy. The applicants attempted to mitigate a number of staffs concems by revising the design and location of the project. However, in staffs opinion, the site has unique development constraints. It is situated along two of City's busiest intersections, is located along two important gateways as defined in our General Plan, and is adjacent to a newly emerging bicycle and pedestrian corridor. We struggled with these constraints during the planning and development of the new Safeway store, and with Safeway's hard work, outstanding cooperation, and commitment to the City, we were able to create an excellent development on a very difficult site. In our minds, adding an automobile dominated land use to this "built-out" site significantly compromises the success we achieved, and would result in a development that our community may no longer be proud of. These conclusions represent a General Plan consistency issue rather than a potentially significant adverse environmental impact. Accordingly, no significant environmental impact in this topical area is identified. c. Mitigation: None required. 18. RECREATION: The closest City-maintained recreation area is Oak Manor Park, which is approximately one-half mile to the east. a. Significance Criteria: Impacts to recreation would be significant if the project resulted in an impact upon the quality or quantity of existing recreational opportunities or required creation of new recreational facilities. b. Impacts: As noted in the discussion on POPULATION, it is not anticipated that the construction or operation of the auto-fueling center would cause large numbers of persons to move to the Ukiah area. Therefore, no substantial impacts to local recreational facilities are anticipated. c. Mitigation: None required. 19. CULTURAL RESOURCES: Resources maintained by the City of Ukiah do not show any known significant historical, architectural, or ethnic resources on the site, which has been extensively developed for over 30 years. a. Significance Criteria: A significant impact to historic and cultural resources would occur if implementation of the project would: · Cause a substantial change in the significance of a historical or cultural resource; Result in the removal or substantial exterior alteration of a building or structure or district that may be eligible for listing in the National Register or California Register; Result in the removal or substantial exterior alteration of a building or structure so that it results in the loss of a designated county landmark in the City of Ukiah; · Result in the destruction of a unique paleontological resource, site or unique geological feature, or disturbs any human remains. b. Impacts: The vacant property contains no historically significant buildings or other resources with known prehistoric, historical, or cultural values, and no mitigation measures are required c. Mitigation: None required. 20. AIR QUALITY: Potential impacts to air quality at a project site are measured by the concentrations of a pollutant in the atmosphere above the site, which are largely dependent on the volumes of pollutant emitted and the atmosphere's ability to dilute the pollutant. The proposed fueling center would be located within the Little Lake air basin, where air quality has generally been in compliance with the attainment levels required for all air-borne pollutants by the federal and state air quality standards. According to information received from the Mendocino County Air Quality Management District (MCAQMD), the only known exceptions to air quality attainment consist of isolated, but regular, occurrences of non- attainment for small particulate matter (PM-10). a. Significance Criteria: Air Quality Impacts would be significance if the project results in any of the following: 18 · Conflicts with or obstructs implementation of any applicable Air Quality Plan; Violates any air quality standard or contributes substantially to an existing or project air quality violation, including a cumulatively considerable net increase of any criteria for which the region is in nonattainment as defined by Federal or State regulations. For the Mendocino County Air Quality Management District, the applicable daily thresholds for criteria pollutants would be significant if they exceed any of the following: · Reactive organic gases (ROG) 220 lbs. · Nitrogen oxides (Nox) 220 lbs. · Sulfer oxides (Sox) 220 lbs. · Particulates (PM10) 80 lbs. · If carbon monoxide (CO) exceeds 550 lbs./day, dispersion modeling is recommended to determine the significance of the impact upon Federal or State standards. · Exposes sensitive receptors to substantial pollutant concentrations; or · Creates objectionable odors affecting a substantial number of people. b. Impacts: Traffic from the proposed apartments would cause increases in pollutants from vehicle emissions, but MCAQMD staff noted these increases would not cause violations of any State or Federal air quality standards or significant impacts to local or regional air quality due to the relatively Iow volume of trips. The development of the gas station and the installation of the underground tank would cause significant short-term increases in PM-10 levels if site soils are improperly graded or heavy construction equipment is used during construction, or open areas are exposed to wind erosion. However, MCAQMD staff noted that the adverse impacts to air quality could be limited to acceptable levels by the use of the dust suppression methods listed below. These measures include the regular watering and covering of exposed soils, cleaning of equipment, and other standard measures designed to limit fugitive dust emissions. c. Mitigation: The following mitigation measures are recommended: o Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. . The site shall be routinely watered to control dust, particularly during windy days, and all inactive soil piles shall be completely covered. . The applicants shall employ construction activity management techniques, such as: extending construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between emission sources; reducing or changing the hours of construction; and scheduling activity during off- peak hours. . The applicants shall sweep all streets if silt is carried over to adjacent public thoroughfares. , All grading operations shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 10. The applicants shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the MCAQMD shall also be visible to ensure compliance with MCAQMD regulations concerning nuisance and fugitive dust emissions). 21. MANDATORY FINDINGS OF SIGNIFICANCE: A. Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES X NO B. Short-term: Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short-term impact on the environment is one, which occurs, in a relatively brief, but definitive, period of time; long- term impacts will endure into the future). YES X NO C. Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? (A project may have impacts on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant.) YES X NO D. Substantial Adverse: Does the project have environmental effect that will cause substantial adverse effects on human beings, either directly or indirectly? YES X NO 20 22. DETERMINATION: On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described within the initial study will be incorporated into the design of the project or required by the City of Ukiah. A NEGATIVE DECLARATION will be prepared. purpose is. to relie),e an appli.cant fr//m I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. However, because the project is clearly inconsistent with the goals and policies of the Ukiah General Plan and the programs of the Ukiah Bicycle and Pedestrian Master Plan, Section 15270 of the CEQA Guidelines will be relied upon. This Section states that CEQA does not apply to projects that a public agency rejects or disapproves. The paying the costs of an EIR prior to the lead Charles Stump Print Name Planning Director/Environmental Coordinator March 1, 2002 Title Date RESOURCES USED TO PREPARE INITIAL STUDY (Available for review at the Ukiah Planning Department) 1. City of Ukiah General Plan, 1995 2. Soil Survey of Mendocino County, Eastern Part, U.S. Department of Agriculture Soil Conservation Service and U. S. Department of Forestry, 1991 3. Flood Insurance Rate Map (Community/Panel Number 060186/0001 D-revised August 8, 1985), Federal Emergency Management Agency 4. Landscape Plants for Western Re.qions, Land Design Publishing, 1992 5. Natural Diversity Data Base, California Department of Fish and Game, 1995 6. City of Ukiah Municipal Code-Noise Requlation (Chapter 1, Article 6), adopted 1980 7. City of Ukiah Airport Master Plan, 1996 8. Trip Generation, (6th edition), Institute of Traffic Engineers, 1997 9. Speed Zone Survey Summary (Group C), Ukiah Engineering Department, 1991 10. 1993-1996 Ukiah Monthly Ozone Maximums by Hourly Avera.(:les, graphics produced by the Mendocino County Air Quality Management District, 1997 11. Safeway Gas Pump Addition Traffic Impact Study, Prepared by Whitlock and Weinberger, October 2000 12. Response to Comments; Ukiah Safeway Store Proposed Fuel Center, prepared by Whitlock & Weinberger, February 1, 2001 13. Proposed Striping Modification - South State Street, prepared by Whitlock & Weinberger, February 11, 2002 14. Adopted Mitiqated Negative Declaration - Danco Builders/Summer Creek Village apartment complex proposal, adopted on January 23, 2002. 15. Ukiah Master Bicycle and Pedestrian Master Plan, 1999 16. Ukiah Landscaping and Streetscape Desiqn Guidelines, 1996 22 MITIGATION/CONDITIONS OF APPROVAL MONITORING MATRIX Safeway Fueling Station Use Permit 00-29 1. No grading, excavation, or other development shall be permitted on the project site without the review and approval of a Grading and Drainage Plan by the City Engineer. This Plan shall include, but not be limited to, the following: a. The extent of modifications to existing drainage patterns on the site; b. The extent of storm drain modifications and erosion control measures for tank installation, building pads, driveways, parking lots, and other movements of soils; c. Other development that the City Engineer determines could adversely affect existing drainage patterns or storm drainage facilities on the site or on abutting properties; and d. The incorporation of the PM-10 Mitigation Measures listed in Section 20 of this Initial Study. RESPONSIBLE PROPOSED IMPLEMENTATION DATE INITIALS PROGRESS PARTY IMPLEMENTATION PHASE COMPLETED OF NOTES METHOD MONITOR Applicants to prepare Final Final Plan Prior to any site Plan for review preparation for preparation or by the City submittal to the City grading activities. Department of Engineer Public Works 2. A Lighting Plan for the auto fuel station canopy shall be reviewed and approved by the Planning Director prior to the issuance of a Building Permit to ensure that canopy lighting does not adversely impact surrounding properties. Canopy lighting shall be Iow/moderate wattage, and shall be focused downward to shine onto the pumps and in no case should extend beyond the fuel station apron. RESPONSIBLE PROPOSED IMPLEMENTATION DATE INITIALS PROGRESS PARTY IMPLEMENTATION PHASE COMPLETED OF NOTES METHOD MONITOR Applicants to prepare Plan for Final Plan Prior to the Planning preparation for issuance of a Department submittal to the City Building Permit. review and Planning Director approval 23 3. The two-way turn lane on East Gobbi Street shall be restriped to include a two-way left- turn lane. The City Engineer shall approve the final engineered design prior to the issuance of a Building Permit. RESPONSIBLE PROPOSED IMPLEMENTATION DATE INITIALS PROGRESS PARTY IMPLEMENTATION PHASE COMPLETED OF NOTES METHOD MONITOR Applicants to Final Plan Prior to the prepare final preparation for issuance of a design and City submittal to the City Building Permit. Engineer to Public Works review Director 4. The final re-striping plan for South State Street, shall be prepared by a registered professional engineer, and shall be in general conformance with the supplemental diagram submitted on February 11, 2002. The re-striping shall be implemented and constructed prior to final inspection and the issuance of a certificate of occupancy for the fueling station. RESPONSIBLE PROPOSED IMPLEMENTATION DATE INITIALS PROGRESS PARTY IMPLEMENTATION PHASE COMPLETED OF NOTES METHOD MONITOR Applicants to Final Plan Prior to the prepare final preparation for issuance of a design and City submittal to the City Building Permit. Engineer to Public Works review Director o . . . . Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. The site shall be routinely watered to control dust, particularly during windy days, and all inactive soil piles shall be completely covered. The applicants shall employ construction activity management techniques, such as: extending construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between emission sources; reducing or changing the hours of construction; and scheduling activity during off- peak hours. The applicants shall sweep all streets if silt is carried over to adjacent public thoroughfares. All grading operations shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. 24 10. The applicants shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the MCAQMD shall also be visible to ensure compliance with MCAQMD regulations concerning nuisance and fugitive dust emissions). RESPONSIBLE PROPOSED IMPLEMENTATION DATE INITIALS PROGRESS PARTY IMPLEMENTATION PHASE COMPLETED OF NOTES METHOD MONITOR The applicants The applicants are The air quality are required to required to mitigation measures inform all implement the are to be subcontractors, mitigation measures implemented during and to comply during site all site preparation with the air preparation and and construction quality construction phases of the mitigation activities. City [project measures Planning and Public Works staff will monitor implementation. 25 Charley Stump Page 1 of 3 From: To: Cc: Sent: Subject: "Zaiga Gianino" <ZGianino@rhldesign.com> <chadeys@cityofukiah.com> <BWilson@rhldesign.com>; <todd. paradis@safeway.com> Thursday, March 14, 2002 12:38 PM Re: Ukiah Safeway Fueling Station Charley, We have reviewed the Initial Environmental Study and the recommended Mitigated Negative Declaration you sent March 6th and found a couple of items that we believe should be changed/revised in the Initial Env. Study. On page 8 it is stated that "the applicant indicated that fluorescent lighting would be installed beneath the canopy, which would allow lighting to spread beyond the canopy." this is incorrect, the lighting shall be metal halide, recessed fixtures w/flat lenses that will, by design, direct light downward and minimize light spreading beyond the canopy. Page 14, paragraph 15. UTILITIES you state "The development of the apartment complex .... ", did you mean to state fuel center/gas station? Lastly, as 'traffic flow' is such a critical issue on this project it is imperative that our traffic engineer be present at the planning commission hearing. Unfortunately, Dalene Whitlock (of W-Trans) in unavailable on March 27th but she did say she would be available on April 10th. Therefore we respectfully request that you defer/reschedule our project to the April 10th hearing date. Don't hesitate to contact Blythe Wilson or me if you have any questions. Thank you, Zaiga Gianino, Project Manager Zgianino@rhldesign.com Ph: 925-313-9700, ext. 214 Fax: 925-313-9709 >>> "Charley Stump" <charleys~cityofukiah.com> 03/11/02 01:14PM >>> Zaiga: The project has already been noticed for March 27th. The Planning Commission meetings begin at 6:30 pm. The Staff Report will be out next week. Charley ..... Original Message ..... From: "Zaiga Gianino" <ZGianino@rhldesign.com> To: <charleys~cityofukiah.com> Sent: Monday, March 11, 2002 10:41 AM Subject: Re: Ukiah Safeway Fueling Station 5/2/02 1540 Despina Drive Ukiah, CA 95482 April 29, 2002 Charley Stump Ukiah Planning Department 300 Seminary Avenue Ukiah, CA 95482 In response to the Notice of Hearing in the Ukiah Daily Journal on April 28 re Safeway's proposal to construct a gas station.~ The location of this structure would be in Safeway's south parking lot at Gobbi between Main and State Streets. The notice of the hearing states it will be held on Wednesday, May 8, at 6:30 pom. at the City Council Chambers on Seminary° In my opinion, the proposal is a nightmare waiting to happen. I do hope your department will carefully observe the gridlock traffic congestion already existing in that location - besides which, Ukiah already has 10 or 12 gas stations. Not too many years ago at the northwest corner of State and Gobbi, where Rite Aid now stands, one excessive gas station was torn down. Common sense would surely deny this construction at the proposed site. D. Shannon Ukiah cc:Ukiah Daily Journal Specializing in organic and natural foods UKIAH NATURALS AprL116, 2001 D~ve L~ A~oci~te 300 S~~ary Ave. U~ah, CA. 95482 ECE ED APR 017 OF UKIAH PI. ANNIN$ DEPir, Mr. Lo~e, 653 S . State S t. W e ~z~e a ~al ~ retaCl ~ ~c~o~ t~e ~r~ ~~ S~~ ~~Y~o~p~~~. O~ ~~~~ ~p~ ~~ ~ ~toG~Str~ ~~ ~~~~ S~~. It ~ ~ ~~~ ~ ~~~~ ~e ~ ~ ~~ tr~ pr~ ~ ~ ~~ G~ ~r~ ~ ~ ~~ w ~ tr~ ~ tr~ ~ ~ q~e ~~ ~ ~~ to ~s ~ p~r~. A ~ a ~ ~~ to ~ ~~ w~ ~ ~w~ A~I ~p~ ~~~~w~~~e~~ ~~~. I ~ w~~ ~ ~e ~ ~ a tr~ ~ r~~ In~ I ~~~~p~~~~~ ~~~~~~ ~~n~~ I f y ~ ~ to ~~ m ~ ~ ~~ ~ P ~ ~ PATRICIA J. BELTRAMI 145 MENDOCINO PLACE UKIAH, CA. 95482 Mr. Charles Stump Planning Director City of Ukiah City Hall Seminary Avenue Ukiah, CA 95482 23 March 2002 Dear Mr. Stump: I am writing to express my opposition to the gas fueling facility proposed by the Safeway Corporation on property next to the intersection of Gobbi and S. Main Streets. The addition of such a facility, at this already congested intersection, can only lead to more dangerous and crowded conditions. This congestion and back-up situation already leads to diversion by drivers onto Marshall Street, a housing area, to bypass the intersection. Marshall is a small and winding street, not intended for thru traffic. The new county'complex will add many vehicles to that area including cars attempting to make left hand turns into both the Safeway lot and the opposing private and county facility area~ This section is akeady congested when traffic is backed up from State Street on Gobbi. At traffic peak times, the entire area becomes a choke point. The newly approved housing complex on Porzio Lane can only make the problem worse. Unfortunately, the City has not always learned the lessons of Santa Rosa choke points, such as at the Coddington Center entry. We have managed to duplicate that problem on Perkins and 101 and at Talmadge and 101. Those situations cannot be undone. But we can learn from them. Let us not create a another traffic problem for our small and comfortable city. Please reject this proposal and its congestion. The lack of one fueling facility will not offset the benefit of less congestion and less exhaust emissions. Thank you for hearing our concems and opposition. Sincerely, Patricia J. Beltrami 597 S. Main Street Rinehart Oil, Inc. 2401 North State St.. P.O. Box 725 · Ukiah, CA 95482 ?h (707) 462-8811- Fax (707) 468-3820 April 2, 2002 Mr. Mike Correll City of Ukiah Planning Commission 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Correll: I read the newspaper last evening about the Safeway fuel center being proposed at the Safeway here in Ukiah. I had heard that both Safeway and Albertson's were considering building fuel centers in Ukiah but unfortunately I didn't know that Safeway was on the March 27th agenda or I would have come down and given my somewhat expert opinion on Big Box fuel marketing and the proposed fuel center installation. It's not surprising to me that Safeway and Albertson's are considering Ukiah for their fuel centers. Both companies, along with Walmart, Kmart, Food for Less and Costco are building fuel centers in their parking lots across the state and nation. In fact most or all of the "Big Box / Hypermarket' chains are installing fuel pumps in their parking lots as fast as local planning departments will approve their plans. Unfortunately their insertion into the retail fuel business does not come without its challenges and a price. I have enclosed some articles about Big Box retailers and Hypermarket chain stores like Safeway. The articles illustrate a few of the problems our industry is facing as a result of their insertion into the retail fuel industry. As far as our community is concemed, the biggest problem I see is the increased traffic congestion a Big Box location will bring. In the world of Big Box marketing volume is king. Big Box marketers are notorious for selling their fuel at or below cost to entice customers into the stores where they sell the largest portion of their merchandise. I understand Big Box gasoline only represents between 1% and 3.5% of their total sales. I know that gasoline in a traditional service station represents about 80% of sales. Big Box retailers average between 175,000 and 400,000 gallons per month. Costco in Santa Rosa sells over 1 million gallons per month at their fuel center. At Costco, cars are often lined up 7 deep in a 12-pump service station. Our Exxon station in Ukiah sells an average of 90,000 gallons per month. The Beacon station on South State Street sells about 160,000 gallons per month. Please take the time to look at how congested both of those stations are during peak hours. If Safeway puts in one of their high volume fuel centers at Gobbi and Main Streets, you can be assured it will become the busiest station and intersection in ~ i~ , B EAC=:::N Ukiah. Additionally, I read where Chris Browne of the Mendocino County Air Quality Management District did not oppose the project. I wonder if the Air Quality Management office had given any thought to the number of cars and amount of emissions they will emit while they wait in line for a gas pump to become available. I'm also curious if the City will be setting a precedent for future Big Box retailers when Safeway's fuel center is built. If Safeway and Albertson's build their fuel centers, I'm sure Kmart, Walmart, Food for Less, Raley's, and maybe Rite Aid will also want to follow suit. Ukiah already has 16 service stations and if we let all the Big Box retailers build, we will have one service station per 650 persons in the city limits. If the Big Box retailers, with only 1% to 3.5% of their total sales at risk, start competing against each other, independent service station operators really won't stand a chance against these corporate giants. The probability is Ukiah will be left with vacant and boarded up service stations and unfortunately more unemployed persons than jobs created. I understand Safeway has rescheduled their presentation to the City on May 8th, 2002. Unfortunately I will not be in Ukiah on that evening and cannot attend the meeting. However, if you are interested, I would really like to make an appointment prior to the May meeting to discuss the issues I have outlined in this letter in greater detail. I would also like to share with you the price surveys, margin reports and miscellaneous articles I have accumulated to give you a glimpse of our future with Big Box retailers and Hypermarkets in fuel retailing. If you are interested in talking I can be reached at my office (707) 462-8811 or at home (707) 463-2375. Thank you so much for taking the time to read my letter and the enclosed periodicals. I sure hope this information helps you make a more informed decision on the proposed fuel centers for all of the Big Box retailers in our community. Sincerely, R. Reed Rinehart Rinehart Oil, Inc. Page B4. Page BS. MARKETPLACE Technology:. Tell to announce Advertising:. Bat sexy ad on cat Discoua~ and Grocers Install Pumps, Charge Cut Rates; Gas Stations Fight Back By A~XEi BARRIONUEVO And ANN ZIMMERMAN Staff Reporters of Tt4E WALL S'IW.E~T JOURNAL ON A STEAMY Saturday afternoon in Houston, cars are lined up five deep I behind the gas pumps in one corner of 'a parking lot. Drivers chat patiently on their cellphones, waiting their turn for $1.39-a-gallon regular-18 cents lower than the Texaco station less than 200 yards away. "This is the cheapest gas in town," de- clares Paul Shah, an engineer, as he replaces the gas cap on his Toyota Camry. The aggressive competitor? An Albertson's supermarket. All around the country, grocery and dis- count stores like Albertson's and Wal-Mart are adding gas pumps at a furious pace-and remaking the service-station busi- ness in the process. As gasoline prices else- where soar to record-high levels, these non- traditional sellers are offering cut rates to bring traffic to their stores. Wal-Mart Stores Inc. of Bentonvllle, Ark., has even lobbied state governments to repeal laws that pro- hibit it from selling below the wholesale price, betting that sales on other items will help offset losses. Big oil companies, in response, are freshen- lng up their convenience stores and adding more groceries. Shell Oil Co., a unit of Anglo- Dutch company Royal Dutch/Shell Group, for instance, is testing coffee bars, fresh-baked breads, a wine section and a store interior that resembles a gourmet supermarket. "The bar's been raised and we want to be at the front of the pack," says Stu Crum, director of brands at Equiva Services, a Shell-Texaco marketing alliance. Since they began offering gas about four years ago, nontraditional retailers have grabbed nearly 3% of the gasoline market. That share is expected to grow to 5% next year and to 15% by 2005, according to Energy Ana- lysts International in Westminster, Colo. "Gasoline has the greatest price sensitivity of any item," says Wal-Mart Chief Executive Latest- Supermarket Sp '1 · ecla, · Gasohne lng 30 minutes to save a few pennies." For people who live near one of the pioneer- ing stations, the lower prices bring some re- lief from the trend of the past year. Higher oil prices, strong demand, lower inventories and stricter environmental regulations have all combined to push up prices to an average of $1.62 a gallon, far above the price of $1.13 two years ago. David Look, a chief information officer for a health diagnostic company, now gases up religiously at a Dallas Sam's Club, even though he has to drive further to get there. "When I'm on empty, I'll put $5 worth of gas from 7-Eleven in just to make It to Sam's," he says. Mr. Look estimates he saves 15 cents a gallon, or $6 a fill-up, for his 44-gallon Chevy Suburban. ! Siphon,lng Off Market Share Supermarkets and discount stores account for a growing percentage of retail gas sales 036 ~U'S' market shal'e 1999 '00 'Ol* '02' '03' *Projections Source: Energy Analysts International Lou Neeb, chairman of the Mexican Res- taurants Inc. chain that had revenue of $63.2 million last year, was pleased with his savings of $1.54 recently at a North Dallas Sam's Club pump. "It's the principle of the thing," he says. ".In my business, at the end of the day you make your money in pennies." Grocers and discounters are able to price their gasoline lower because they buy un- branded gasoline from wholesalers. Many of the big oil companies' stations are run by independent dealers that purchase higher- priced branded gasoline that includes propri- etary additives. lUbertson's Inc., a supermarket chain based la Boise, Idaho, currently has 166 sta- tions. Wal-Mart has about 89 stations at Its nation grocery-and-discount stores. The world's largest retailer now plans stations at every one of its 480 Sam's and at 200 more · Wal-Mart stores in the next year. Wal-Mart counts on nigh volumes to make up for low margins, and it is eager to push prices down further. But the discount chain's bid to sell gusollne below cost has met with stiff opposition from dealers and convenience- store operators, as well as smaller indepen- dent stations that likely would not survive such competition. Wal-Mart and Murphy Oil Co., which sells gasoline to the retailing giant, recently lost a pitched battle in the Florida legislature to re- peal the state's gasoline-price law, which re- quires a certain minimum markup per gallon. Meanwhile, oil companies and conve- nience stores hope that added aanenities and offering~ will make customers forget about their higher prices at their gas pumps. Earlier this year, BP Amoco PLC began rolling out stations with a new logo, Internet- connected pumps that offer headline news, weather and directions-and solar panels in the pump canopy to reflect its efforts to ap- pear environmentally friendly. The British oil giant expects the bigger stores, dubbed BP Connect, to deliver twice the gasoline sales volume and three times the in-store sales of traditional stations. "We are trying to get economies of scale," says Bill Fry, BP's man- ager of U.S. retail strategy. Shell stations are undergoing a makeover for the first time in 15 years to make the stations more modern and welcoming. The old gray-and-yellow color scheme is being placed with a blighter yellow-and-red design that will be accompanied by new uniforms, improved lighting, and a mandate that all sta- tions be landscaped with flowers. With gasoline margins thinner, Big Oil also is looking harder at its independent dealers. In numerous lawsuits across the country, dealers contend the oil companies are squeezing their margins or raising prices or rents so oll compa- nies can take over the stations themselves. 011 companies say their pricing policies are fair. While other factors such as fuel-efficient cars and. until recently, excess refining ca- pacity, contribute to the changing relation- snip between dealers and Big Oil, Roy Little- field, executive vice president of Service Sta- tion Dealers of America, says the grocers and discounters are definitely an Issue. exclusive report serv,ng ~nformed petroleum marketers nabonw,de February 25, 2002 Vol XXV, Issue No. 8 Don't be surprised to see a discon- nect between crude oil and gasoline prices in March. Crude analysts are surprised that WTI futures have been able to hang above $20 bbl, despite a 25% warmer than normal Winter and soft global demand. With refinery turnarounds peaking in March, crude could fall out of bed. Gasoline is more difficult to predict. It has made moves of 10cts gal or more in each of the last two years, with a spike last year and a drop in 2000. Prices are only about $1.00-$2.00 bbl above crude east of the Rockies and are about $9 bbl above crude on the West Coast. Reformulated prices could outpace conventional blends. Suppliers are gen- erally more interested in buying Spring bbls of RFG, and these grades could swell to 5cts gal or more above con- ventional. National Rack-to-Retail Margins (Averages in cts/gal) 9.7 9.3 1/17 1/24 1/31 2/7 Source: OPIS Metro Margin Report For more information call 1-888-301-2645. 2/14 Average U.S. Contract Price (in cts/gal) Unleaded Gasoline No. 2 Oil 84.6 81.0 Source: Oil Price Information Service 1Current Week [~ Previous Week ~ Year Age Marketers call for boycott of below-cost stations Jobbers in Pennsylvania are calling for a boycott of stations they say sell below-cost gasoline. Targeted are Giant Eagle Food Stores, Wal-Mart, Costco, and Sheetz. The marketers are asking employees, vendors, dealers, and the public to stop fueling at the sites concerned. -. "Cut up your Advantage Card, your Sam's Card, your Costco Membership and send them back with a note that you'll be back when they cease this unfair, anti-competitive practice;' says a letter being mailed out by one jobber, Glassmere Fuel Service in Tarentum, Pa. The marketers' request follOws a move by Pennsylvania-based C-store chain Sheetz and Wal-Mart to drop prices to 77.9cts/gal on Feb. 15t in Clearfield, Pa. "That means they had to be buying for 35cts/gal," says one marketer, noting gasoline hasn't been that cheap in more than two years. "This is a blatant below- cost tactic;' says another marketer. "Our wholesale costs are over $1/gal. It's a lie for them to say they can buy 'gas' cheaper m they don't carry inventory for 30 months." In an "open letter" to employees, dealers, and vendors, marketer Mon Valley Petroleum Valley also spells out why below-cost retailers should be boycotted. "When these companies start to take customers from Mon Valley Petroleum or any other retailers, they are stealing YOUR JOBS," says the letter from com- pany VP Donald E. Bowers. When volumes decline, business has to be cut back, jobs are lost, and stores are closed. "Why wold you want to subsidize the business of a competitor to help him cut your own throat?" the letter asks. Bowers also urges people to write their state lawmakers in favor of a below cost-selling bill. "We have state minimum prices for milk to protect the farmer; we have state minimum prices on cigarettes to protect the retailer, why not (on) gasoline?" Bowers asks. Other marketers are mailing identical letters, sources say. Marketers also are contemplating a more widespread strategy that would reach a broader segment of consumers, including possible billboard ads or mailings to credit card customers. "Our businesses are at stake," says Bowers. "And ultimately the consumer is going to suffer when all the competition is gone." O'Malley: refining future bright, but retail is cloudy Tom O'Malley has been gazing into his crystal ball and doesn't like what it sees at retail- it's a world dominated by "Twinkies, hot-dogs and coffee;' says the colorful former Tosco boss, now CEO of Midwest refiner Premcor. "I wouldn't view investments in retail assets as particularly intelligent," he has told analysts. While refining and marketing have been inextricably coupled for the last 50 years, Premcor is likely to change all that as the company goes public and grows its presence in U.S. markets. In fact, Premcor shouldn't be in retail since refining l Express Costco's hubris on I billion gal supply bids irks some refiners, wholesalers One billion gallons of gasoline - with luck, Costco's wholesale network will be selling close to that by 2003. And like any smart buyer, the Issaqua, Wash.-based Big Box chain is trying to get its 2002-2003 fuel purchases on the most favorable terms it can. Trouble is, suppliers say that this time the 30-state chain may be dictating options that are far too onerous for companies looking to supply it. Costco has asked refiners and wholesalers to bid on its fuel needs at more than 150 Costco fueling centers throughout the country. What makes this latest bid unusual, however, is that the warehousing giant has asked for two sets of numbers from bidders, sources say. Costco has asked suppliers to offer a typical bid that quotes an industry benchmark, such as OPIS or Platts, plus or minus a differential. But bidders are also asked to submit an "alternative index or benchmark" that will prowde the chain w~th a second pnmng tormula that it can use Ounng rack price mvers~ons. Such terms would allow the mega-retailer to switch back and forth between fommlae during times of wild price fluctuation - the company would have a mixture of delivered prices that could be tied to spot prices in some instances, and to local racks in others. When gasoline is plentiful, the spot-related formula often provides the most competitive delivered prices. The last third of 2001, for example, saw Costco and other hypermarts often saving money by tying their purchase prices to spot unleaded references, plus a defined mark-up. But the reverse has been true for nearly all of 2002. For example, purchase prices based on spot numbers yield delivered prices in the upper 80's in Texas, compared to rack postings as much as 10cts/gal lower. Even more drastic differences between spot or unbranded formulae and values derived from rack lows show up in West Coast' areas where Costco has its greatest concentration of stores. "There's just no way to hedge this kind of bid," one refiner says. "Costco is entitled to ask for these terms, but it's too risky of a proposition for suppliers." Costco's bid terms say the alternative index isn't a requirement, but that the "inversion pricing alternative is highly desirable and will be factored and seriously considered in awarding" contracts. Suppliers say Costco may be groping with ways to deal with a different type of pricing inversion. Its purchases in places like Portland, Ore., Phoenix, Ariz., and even California have been at prices 10cts/gal or more above what major dealers and some branded jobbers are paying after hefty TVAs. Phoenix dealers paid 75-80ets/gal last week, compared with a low rack posting of 85.5cts/gal. Spot costs were in the high 90's. Any way you looked at it, Costco faced higher prices than branded dealers in the region. · "As long as majors subsidize marketers competing with the hypermarts, those chains (the hypermarts) are at a disadvantage," one West Coast supplier told OPIS. Costco makes it clear that it will have the latitude to make some purchases on local spot markets. The firm will guarantee contract purchases of just over 800 million gals, but may buy as much as 20% more in the July 2002,June 2003 contract term. Suppliers get two months' notice for sites that will need extra fuel. Interestingly, Costco is now testing its locations some four times a year for octane and other quality distinctions. Two of the tests are out of the vendor's trucks and two are made at storage tanks on site. The chain also may be worried about performance - it is specifically asking bidders for the last two cases when they invoked force majeure for supply. Dates and the reason for the force majeure are requested. Some Costco stores moving 700,000 gals/mo Wall Street values Costco at nearly $19 billion -- more than Marathon, Sunoco, Tesoro, Valero, and Frontier Oil combined. Little wonder then that Costco has amassed a 'gas' empire that rivals firms with five or six times as many outlets. Volume is king at wholesale clubs. Even less successtul fueling centers typically see sales of 250,000 gals/mo or more, while sites that have - built up customer loyalty ~n western markets may -sell two or three t~mes that amount. For example, observers estimate that the 15 March 25, 2002 · 3 r -Express Costco sites in the San Francisco Bay Area do well over 125 million gals/yr at the pump. Spread across the properties, that adds up to more than 700,000 gals/mo per store. Even with a negligible margin of just lct/gal, that driers a gross prolit margin of about $84,000 annually. Other West Coast states see similar success. There are numerous Costco sites in Washington, Oregon and Nevada that do over 500,000 gals/mo. Throughout its network, OPIS estimates that a typical Costco moves between 450,000-500,000 gals/mo -- five or six times the average sales of a conventional C-store with pumps. With that kind of volume, analysts say Costco may operate more than 200 sites and exceed 1.25 billion gals/yr in sales within 18 mOnths. Put another way, the chain might be able to absorb all of the gasoline output of a 100,000 b/d refinery. Some 40 new Costco sites saw fuel debut in 2001. Estimates are that another 50 are planned within the next 12 months. Footnote: Costco may be a gasoline giant, but the slice of its business represented by fuel is very modest. Based on average prices during 2001, gasoline sales represented only about 3% to 3.5% of the $36 billion of overall sales by the chain. Jobber nabs sites from bankrupt firm A Shell jobber will buy 50 sites from a South- east marketer. Execs with Newcomb Oil confirm a deal to acquire the stores from jobber Duke & Long, currently in Chapter 11 bankruptcy. Contractual terms forbid them from disclosing details of the purchase, say Newcomb officials, but reports indicate the deal consists of 50 Paducah-area C-stores. Newcomb will pick up the sites from Franchise Mortgage Acceptance Corp., one of Duke & Long's chief lien holders. Based in Bardstown, Ky., Newcomb operates 60 C-stores in more than 26 communities in Kentucky and flies Amoco, Chevron, Marathon and Shell flags. Duke & Long and parent, Texas-based Devon Convenience Holding, Co., filed for Chapter 11 in November 1999. Late last year, lawyers for the fuel firm filed in court to abandon 37 sites in southern Illinois and western Kentucky, along with seven properties elsewhere in Kentucky and 4 · March 25, 2002 Ohio. The company has also relinquished several bulk plants in Kentucky. Devon operates about 256 stores in eight states, including Kentucky. State probes problem with flexible piping Environmental officials in Mississippi have launched an investigation into problems involving flexible underground piping installed at several stations in the state. The probe was opened after the outer jacket on double-walled piping at three outlets appeared to have elongated, although leaks at two of the outlets are not believed to be a result of the piping problem, says the state. "The outer wall of the piping is doing funny things," state investigator Kevin Henderson told Oil Express. '°The outer jacket has elongated, it can be seen in the sump wells. We don't know how it happened...but a leak in the dispenser may have caused the secondary jacket to become immersed in gasoline and-caused it to grow," he says. Henderson says he heard of a similar occurrence in Nebraska about a year ago.~ Whether leaks have caused the problem or not, jobbers who have installed the piping are worried. One marketer says the outer jacket has grown so much that it has moved fittings around under the pump and dislodged boots out of the sump wall. ' The manufacturer of the flexible polyethylene piping is Environ Products, Inc, based in Smithfield, N.C. Company president Rick Whately says his firm is co-operating with the state and is investigating the problem. Installation of the piping at one of the stations "was not done according to instructions," he says. He does not know of any problem involving piping in Nebras- ka, and trouble in the early '90s experienced by a Pennsylvania firm producing similar piping was not related to the Mississippi problem, he says. "What we do know is that there are no leaks from any piping made by our company at any sites," says Whately. "We are trying to withhold judgment and finger-pointing until we have all of the data. We're not telling anyone what went wrong until we have all the facts." Whately disputes claims that the piping's outer jacket has elongated. "We believe that it has swollen as a result of something," he says. rOit-Express made scheduled payments in August and October, 2001. Then, on Jan. 9, a FuelQuest representative told PMAA's executive committee that the firm would no longer honor the contract. Given that PMAA is not insolvent and has not been told by FuelQuest that it has breached the contract, FuelQuest' s action is an unlawful termination of the agreement, alleges PMAA. "At the time we negotiated with them, there were three or four other fa-ms that wanted to do a deal with us," says Steve DeLuca, the former president of PMAA who cut the deal with FuelQuest predecessor, OilSpot. "We went with FuelQuest and PMAA's endorsement helped decide which (Web) site would survive. For them to be now trying to slip out of their obligations is inexcusable," he told Oil Express. In its counter-suit, FuelQuest says it doesn't have to pay PMAA because the jobber group breached the marketing agreement by entering into deals with other Intemet rims, such as DTN Energy and Digital marketing Solutions. PMAA provided links from its Web site to the Web sites of its competitors without FuelQuest's written permission, and failed to exclusively pro- mote FuelQuest in its publications or to publish ads for the firm in its directory, the firm contends. PMAA also did not continually display Fuel- Quest's logo on its Web site and didn't give the firm the chance to meet proposals received from Intemet competitors, the counter-suit claims FuelQuest CEO Richard Cilento and reporter Doug Haugh did not return calls for comment. Kmart closings won't affect fuel ops Marketers looking to pick up extra volume from Kmart stores slated for closure will have to look elsewhere. There is little sign that any of the say. Kmart is believed to have just over 30 sites with fuel, mostly clustered in Michigan, Ohio, Tennessee, Virginia, Georgia, and Indiana. The sites move 17~,000 to 400,000 gals/mo, and most are supplied by Texas-based Dunigan Fuels, a subsidiary of Fleming Co. The firm gene- rally buys fuel at a formula tied to rack averages, so the fuel centers are currently at a disadvantage to major brand-supplied stations in most states. Third generation marketer calls it quits "Thanks for the memories," says W. Gamett Ladd. And with that farewell, ,he has taken down the last of his station signs, driven from the marketplace by hypermart competition. Ladd had six stations in Clarksville, Tenn., all unbranded. He sought only 2cts-5cts/gal margins for unleaded regular sales, 80% of his volume, but .over the last year hasn't even seen that. "There are people out there selling cheaper on the street than we can get it at the rack. I just can't compete any more," he says. He's now pulling tanks, pumps and canopies from the stations, which he rents to small operators. "I'm not bitter," says the 41-year-old marketer. "We have made a living at this for three genera- tions, but times change. I could not in sound mind go out and borrow $5 million to build bigger and better locations when we weren't doing what we should be doing at smaller locations." Formerly a branded marketer, Ladd raised his own flag in 1994, trading as "Ladco," and expanded the business. In order to provide special service to the elderly in his community, Ladd had two stations that offered full-service at self-serve prices. Two of the outlets also had C-stores. Ladd's family has been in gasoline marketing for 77 years. His grandfather started the business newer stores with fuel centers will be mothballed. Kmart has detailed a list of stores that will close this year, but has fallen short of some of the more aggressive cuts that analysts had called for. The bankrupt mass-merchandiser will close 284 stores and lay off 22,000 workers in all. Nearly all of the stores are older outlets, and the larger, more modem Super K sites included on the list are not stores that have pumps, sources 4 · March 18, 2002 in 1924, when gasoline was "a new and exciting product" that grew yearly as more Model T Fords became available, says Ladd. His father helped lobby the state legislature in 1960 to allow distributors to haul gasoline, and when the bill passed, the Ladds bought their first tractor-trailer. What's next for W. Garnett Ladd III? He doesn't know, but it won't be anything in the fuel business, he says. xpress Hypermarkets pursue aggressive gasoline station expansion in 2001 typermarkets increased the stakes for traditional operators by beefing up their retail gasoline efforts in 2000. While hypermarketers currently represent only about 3 percent of total U.S. retail gasoline sales, analysts point out that the segment is in an early stage of development and has a lot of room to grow. One recent study forecasts that hypermarket gasoline sales could grow to 20.8 billion gals/yr., or a 14.8 percent share of the market, within five years'. The bulk of that fuel growth should be concentrated among the "b~g 10" gasoline hypermarketers - Albertson's, BJ's, Costco, Kmart, Kroger, Meijer, Royal Ahold, Safeway, 'Wal-Mart and Winn-Dixie. According to some projections;" these companies wiii control 77 percent of total ' hypermarket fuel sites, and 84 percent of the seCtor's gasoline volume, by 2005. In light of this retail t:uel onslaught by hypermarketers, Oil Express has compiled an update of some of the major players and thleir gasoline plans going forward: A&W/Long John Silver's - These two subsidiaries of Lexington, Ky.-based Yorkshire Global Restaurants are implementing a major growth strategy that calls for 315 co-branded restaurants in travel stops featuring gasoline stations and c-stores. Albertson's - The Boise, Idaho-based supermarket chain currently has approximately 125 service stations and expects to open 100 more gasoline units by the end of fiscal 2001. n ~'s - The Natick, Mass.-based warehouse club .in has 24 BJ's Gas stations. Plans call for the construction of an additional 8-13 stations this fiscal year. Brookshire Brothers - This Lufkin, Texas-based supermarket chain currently operates 65 retail fuel centers throughout Texas and Louisiana. Brookshire Grocery Co.- The Tyler, Texas- based supermarket chain has 42 fuel centers throughout Texas, Louisiana and Arkansas and has plans to expand those operations this year. Costco - Added approximately 60 fueling stations in 2000. Plans call for the Issaquah, Wash.-based warehouse club to add another 50 gasoline sites in fiscal 2001. Duckwall-Alco Stores - This Abilene, Kan.- based discount/variety chain currently operates fuel centers at two locations in Kansas and Texas. The company says it is considering adding fuel centers to other sites. Fleming - The Oklahoma City-based food retailer/distributor reportedly had been in "xcussions with fuel marketers last year to install ,~1 sites at its Food4Less supercenters. However, the company is now divesting its other supermarket chains, which sources say has delayed its fuel plans. Food Lion- The Salisbury, N.C.-based grocery chain is'reportedly exploring the possibility of getting back into the gasoline arena - this time under its own brand and without a partner. Sources say Food Lion is looking at over 100 potential locations. Fred Meyer- The Portland, Ore.-based discount/food chain - a division of Kroger - entered the gasoline arena in 2000 with three service stations in Alaska and another in Washington, and says it is looking to expand its program throughout the Pacific Northwest. Furr's - The Albuquerque, N.M.-based grocery chain will roll out fuel centers at an unspecified number of locations. H.E.B. - About 90 of this San Antonio-based grocery chain's 270 locations feature gasoline. Hy-Vee - The Des Moines, Iowa-based supermarket chain has six motor fuel facilities, according to industry sources. Jack in the Box - San Diego-based Jack in the Box has opened seven sites in California and another in Texas since it started experimenting with gasoline sales three years ago. Sources expect this fast-food chain to expand its gasoline offering in Texas, with a later move into the company's other major markets. Kmart - Last year, the Troy, Mich.-based discounter said it would add fuel centers to a number of its sites by year's end. Sources tell 6 · January 15, 2001 OPIS that three Michigan sites are among the first that will have gasoline by year's end. Other reported test sites include Norfolk, Va.; Akron and Canton, Ohio; and Memphis, Tenn. K-V-A-T - This Abingdon, Va.-based grocery chain operates 15 Gas N' Go fuel facilities. Kroger - About 25 of its 2,200 supermarkets sell. fuel. The Cincinnati-based company expects to have 75 fuel centers by the end of this year. Kroger's Dillon Cos. subsidiary has 800 c-stores, most of which sell gasoline. Marsh Supermarkets - Indianapolis-based Marsh owns 179 Village Pantry c-stores, most of which sell gasoline. Meijer - This Grand Rapids, Mich.-based food/general merchandise retailer currently has 27 fuel centers (12 selling diesel). Minyard Food Stores - Coppell, Texas-based Minyard owns a dozen gas stations that operate under Clark's On The Go banner. Price Chopper - Based in Schenectady, N.Y., this supermarket chain operates 10 fuel centers and sells Citgo branded gasoline. Publix - The Lakeland, Fla.-based supermarket chain is expected to open its first fuel site this month. Sources tell OE that the retailer has committed to 10 fuel sites. Roundy's - Last year, the Pewaukee, Wisc.-based supermarket wholesale chain announced plans to add gasoline at some 24 existing Pick 'n Save sites. The company is expected to pump money into additional fuel sites this year. Royal Ahold - The Dutch-based supermarket conglomerate expected to add at least 30 new fuel centers to its U.S. grocery operations during the remainder of the fiscal year. The company said it would double fuel centers at its Stop & Shop subsidiary, which currently has 10 gasoline sites. Ahold also is adding another 20 sites to its Tops Markets chain, and is "reviewing opportunities" to add gasoline operations at its other U.S. subsidiaries. Safeway - The Pleasanton, Calif.-based supermarket giant has 32 Texas-based gasoline centers on RandallsfFom Thumb supermarket sites. In 2000, the company reportedly tested four facilities under the Safeway name. The retailer /i rOit-Express plans to have 200-300 fuel centers by the end of 2001. Sam's Club - Wal-Mart's wholesale club subsidiary has 21 fuel sites and is looking to build 50 more this year, according to sources. Shaw's - Sources say the East Bridgewater, Mass.-based grocer is phasing out fuel. Stop & Shop - This Quincy, Mass.-based supermarket chain - a subsidiary of Ahold - will " double its fuel centers in New England from 10 to 20 sites. Supervalu - Sources say this Minneapolis food retailer/wholesaler has tested fuel at 12 stores. Supervalu is expected to enter the retail gasoline arena full-blown this year. Target- Reportedly "exploring" the possibility of entering the retail gasoline market. Sources expect the company to study the issue another 3-6 months before it is ready to launch a test gasoline program. United Supermarkets - This Lubbock, Texas- based grocery chain operates 19 fuel centers throughout Texas. Wal-Mart - Last year, inked a deal for Sun to build 2040 retail fueling and up to 100 sites per year after that. The Bentonville, Ark., discounter said it will develop a new brand with Sun to be used exclusively at those stations. Wal-Mart also has more than 150 service stations operated by Murphy and plans to expand that total to 600 by 2003. The company also has 12 co-branded stations with Tesoro that fly the exclusive Mirastar flag. An additional 14 are under construction, and Tesoro expects to have 90 Mirastar properties on Wal-Mart sites by the end of 2001. Winn-Dixie - In October 2000, the Jacksonville, Fla.-based supermarket chain announced that it will take over 32 fuel centers in four Gulf Coast states as a result of a deal with the bankrupt Jitney Jungle chain. Last year, Winn-Dixie also began testing gasoline retailing at a few sites in Florida. Woodman's - This Kenosha, Wis.-based supermarket chain currently has eight HyperMart stores that sell gasoline. January 15, 2001 ,e 7 exclusive report serving informed petroleum marketers nationwide Inside your issue... Wal-Mart kills below-cost bill .... p3 Why jobbers started own brand p3 Chevron eyes $3/gal fuel ......... p5 Price may delay Tax-Chevron .. p5 Verleger: Grow to survive ........ p5 Tosco cuts dealers a deal ........ p7 Price inversions have returned to .some U.S. markets thanks to ex- tremely robust spot prices for refor- mulated gasoline. Phoenix and Baltimore, for example, feature rack prices for unleaded and pre- mium that are as much as 10-15ets gal above dealer tankwagon prices. Most of the increases that were passed on to the rack in March never made their way to dealers and to the street. Marketers are hopeful that April brings some relief. They may get some help from a soft crude market, with some analysts believing crude could lose $3 bbl or more this month. But gasoline prices have rallied in- dependently of crude and they may not follow crude lower. Refining margins in California, for example, approached $30 bbl last week, about three times what was commonplace in the last decade. Average U.S. Contract Price (in ets/gal) Unleaded Gasoline No. 2 Oil 1112 84.3 82 3 Source: Oil Prk~ Information Se~4ce Average U.S. Spot Price ...... (.tn cts/gal} unleaoea t~asoline No. 2 Oil 1(136 IOIA Information Service ~Previous Week_~ Year ago May 7, 2001 Vol. XXIV, Issue No. 18 ExxonM0bil cancels 200 lube oil marketer contracts The cost of oil company mergers can be measured in marketer contract terminations - at least as far as ExxonMobil is concerned. Some 200 or so Exxon and Mobil lube jobbers were not only given their marching orders last week, but also put on pre-pay terms in prep- aration for the termination of their contracts by the company on July 1. PMAA is now renewing its call for the FTC to scrutinize all future oil mergers in light of their impact on lube oil marketers. In addition, PMAA will draft legislation that marketers can use at state level to amend franchise laws to provide some protection for lube oil jobbers, who are not covered by the Petroleum Marketing Practices Act. Jobbers were told of ExxonMobil's plan in a terse, three-paragraph letter giving them 60 days notice of non-renewal. "The decision was not made lightly, but only after much analysis, during which the ExxonMobil management team addressed how best to grow the fin- ished lubricants business within the dynamics of a post-merger com- petitive marketplace," wrote R.P (Paul) White, distributor manager for the lubricants and petroleum specialties division. Marketers are angered by the company's curt dismissal of them. "Just a couple of years ago,. Exxon was offering jobbers five-year loans to help them install tanks and rail sidings and develop their lubes business," says one prominent Midwest marketer. "Now, just two-and- a-half years into the loan, they've gotten letters demanding that they pay off the loans in 90 days." Exxon has also put the jobbers on pre-pay terms to make sure they don't "stiff" it on loads, he says. Jobbers believe most of the marketers whose contracts have been terminated are Exxon-branded and claim the official who drew up the "losers' list" is a former Mobil exec looking after his "favorite sons." That's not so, says ExxonMobil. "We have issued non-renewal notices to about 200 d~stnbutors, says a spokeswoman. "We are optimizing our network to create a network of distributors who can provide both brands, we are not targeting one brand over another." She added, "Many of our jobbers market other suppliers' lube brands and we expect that they will find new business opportunities with those brands." Match or lose volum% warns jobber For most of his business life, Bill Kent just had to compete a~ainst ~nal branded jobbers and independents. But that all changed when the first hypermart, operated by HEB, came ~nto prom volume at one of the 25 C-stores he operates in the Midland-Odessa metro area. "Don't giVe them your volume," Kent warned marketers at a NACS meeting in Dallas. "If you ever do, you can't get it back. You l f t-Express The third consecutive week of a huge crude oil buildup sent crude oil prices reel- ing last week. Stocks of crude have now built by well over 20-million bbl in three weeks. With refinery turnarounds in full swing, inventories could build further this month. Gasoline is a different story. Nation- wide stocks fell by 1.6-million bbl and are now about 6-million bbl below last year. There is still a wall of worry surrounding the ability of refiners to make the tough- est clean air blends this year. Gasoline output is about 300,000 b/d below last year, and markets won't find out if there will truly be production troubles until maintenance is complete later this Spring. Distillate stocks tightened in the north- east and prices soared. But it looks as though April production of Iow and high sulfur No. 2 oil will easily keep pace with demand. Gasoline Supply Barometer (stocks in thousands barrels) Week Ending Week Year 4/27/01 ago ago TOTAL MOTOR GASOENE PAD I 53,908 54,221 58,193 PAD 2 47,573 46,275 47,060 PAD 3 61,129 59,072 59,831 PAD 4 5,737 6,016 7,301 PAD 5 30,404 30,125 30,077 TOTAL 198,751 195,709 202,462 Ref. % 95.8 94.6 93.2 Imports (b/d) 471 304 477 Implied Demand (b/d) 8,585 8,264 8,395 Source: American Petroleum Institute U.S Refinery/Inventory Gas Stocks 0o ct~ga~)Gas Production 202.5 are dealing with companies that have a totally different economic structure," he said. In the last five months, four new hypermarts have been built in the Midland-Odessa market, so now there are seven high-volume retailers '(HVRs) serving a population of about 300,000. While gasoline represents 50%-70% of a typical jobber's business, it's less than 5% of sales for big box companies. "If you give me a product category that I have less than 5% of, I can play all the games I want to with it," Kent says. After learning the hard way by losing volume, Kent's firm chose to be competitive. It saw volumes jump, and there were even some nice boosts in C-store merchandise sales. But if you're competing against an HVR, you need to "forget about margin percentages and concentrate on margin dollars," he says. "Price with them or be very, very competitive," he warns. · Even jobbers who don't currently compete with hypermarts should prepare for that eventuality. Drive costs out of your business now, even if you don't have the super-retailers in your market, he warns. "You need to plan now What to do if they come into your markets. If you don't, you'll wake up and get your teeth kicked in." According to Mike Zahatko, an executive with Tesoro, his company started supplying hypermarkets after deciding about two years ago that "segmentation is coming to this industry." Tesoro sees its role as similar to that of apparel retailer the "Gap," which owns traditional stores as well a's the upscale Banana Republic and the lower- end Old Navy stores. Tesoro now markets in the equivalent sectors in gasoline arena with its Mirastar stores on Wal-Mart lots, as well as traditional, com- pany-operated Tesoro stores and jobber-supplied sites. "Same store sales" is the buzz term with Big Box retailers and anything that can kick up those sales impresses Wall Street, the community that Big Box execs are out to woo, the told the NACS audience. Marketers could also consider building relationships with big chain stores, says Joe Leto of Energy Analysts International. At some point, the economies of scale that give hypermarts advanta- geous pricing on the gasoline side could be extended to lower the costs for C-store operators if alliances are forged. He predicts that the mar- 19811 ginal unbranded station may eventually be allied with the hypermart · and regional brands for the HVRs may develop.  One southeastern jobber opined that Exxon appears to be the only major that has a program to address the hypermart competition. Prob- lem: ExxonMobil is s,elling at 6cts/gal below unbranded competitors in the cited area, Memphis, but the discounted prices are only for direct souf~: ~t,~co~nto~tio~so~o dealers --jobbers are getting nothing, the marketer said. r~Current Week ~Previous Week ~Year ago Oil Express (ISSN 0195-0576) is published weekly except the first week in July and the last week in December by United Communications Group, 11300 Rockville Pike, Suite 1100, Rockville, MD 20852-3030. Copyright 2001. Reproduction without written permission is strictly prohibited. Sub- scriptions: $397/year, $794/two years. Periodicals postage paid Rockville, MD and additional offices. Postmaster: Send address changes to Oil Express, 11300 Rockville Pike, Suite 1100, Rockville, MD 20852-3030. Editorial: (301) 816-8950, ext.2203; Circulation: (301) 816-8950, ext. 2223 Fax: (301) 816-8945. STAFF: Tom KIoza, Brad Addington, Bud deGorge, Diane T. Miller, Mary Welge, Mark Mahoney. WEB: www. opisnet.com Nancy Becker, Dir., Petroleum Division Carole Donoghue, Editor & Publisher Debbie Dinardo, Circulation Manager 2 * May 7, 2001 .~.,...~, ~ l rOiI-Express Wal-Mart hires big guns to defeat marketer-sponsored below-cost bill Tennessee Gev. Don Sundquist has vetoed a bill that would have amended the state's_petroleum marketing below-cost law after an aggressive lobbying campaign by discount chain Wal-Mart. Wal-Mart brought in its own attorneys to fight the measure, hired a prominent Nashville-based ~obbying firm, ran full-page ads in the media, and set up a phone bank that linked consumers to their legislators' offices. Murphy Oil is using a similar phone-in sirategy to counter a Louisiana below-cost bill (OE 4~. "the giant ~ are now free to run the ~ out-of-b.u.s!ness,' says Marylee Booth, exec VP-~_f~~nessee Oil Ma-'~e~ A--'~-n~(~-O-M-'~). No com~t_o~_~~-i over ~ 1--~ng ~ ~ ~~~~ ~ l~-~ i~ the future. These g~ant corporations ~ "-ihe~r money w--'h--fffi~e eom gouge consumers at ~ The bill, which had bi-partisan support in the Tennessee legislature, would have amended the state's Petroleum Trade Practices Act, passed in 1988, says Booth. The 1988 law contained no definition of the term "competition." The bill would merely have added language to say that three or more competitors in the same geographic market constituted competition, she says. Marketers managed to get the measure introduced in February and lobbied hard to support the bill. They met with editorial boards to explain that smaller marketers were being driven out of business by big out-of- state chains, but received largely hostile press coverage, except in rural markets. Nevertheless, they were able to get the bill through the House on a 66-24 vote, and through the Senate o,n, a 29-2 vote. However, Sundquist, a Republican, vetoed it last week. The measure would interfere with the operations of a free market and raise the price of gasoline." It might also be "unconstitutional," he said. "There has been an unfortunate campaign of misinformation from those who would seize control of the gasoline market by eliminating competition," said Sen. Jim Kyle, D-Memphis, one of the bill's sponsors. Private brands just as good as. Sheetz gas, says jobber behind new Liberty brand Perhaps it was the way that their major refiner "partners" reacted when the three jobbers asked for price relief to combat Sheetz, which had just entered the market and was tearing it up with low-priced fuel. But when Howard "Blackie" Bowen and his buddies were told that they'd just have to build bigger stations with more profit centers if they wanted to compete with Sheetz, it somehow didn't sit right. "We found out that they are more refiners than they are our ' '" partners, Bowen recalls. Then a new employee at Bowen's Maryland-based Ewing Oil pointed out something else. While jobbers have been conditioned to believe that nothing can beat a major brand for quality and customer appeal, the customers of chains like Sheetz and Wawa regarded the fuel that those fa'ms sell as "branded" gasoline too. The employee was right -- subsequent surveys by Ewing revealed that consumers didn't see any difference between Sheetz and Wawa gasoline and old names like Amoco, Exxon, and Shell. If that's the case, reasoned Bowen and his friends, why couldn't they go into the unbranded market, where they could "buy better," and launch their own brand? And that's just what they did £OE 11/27/2000). Now, five months after launching Liberty Petroleum LLC, Bowen and partners Holtzman Oil and Virginia Oil have nine stations flying the Liberty flag, two ground-ups and seven converted from Amoco, Shell and Chevron. They have also signed up one distributor and three dealers, and are talking "seriously" to 15 other jobbers as part of the rollout of the brand in the Mid-Atlantic. The first challenge in setting up Liberty was to come up with enough volume to buy competitive- ly, and enough sites to create a regional impact, Bowen told a NACS conference last week. After finalizing an image for their new brand, the three jobbers set out to interview potential suppliers who would not only guarantee barrels at competitive prices but who would also support a May 7, 2001 ~ 3 PHILIP W. TOWLE Air Pollution Control Officer DONNA M. ROBERTS Administrative Aide August 2, 2000 COUNTY OF MENDOCINO AIR QUALITY MANAGEMENT DISTRICT UKIAH, CALIFORNIA 95482 306 East Gobbi Street Ukiah, California (707) 463-4354 Fax: (707) 463-5707 Charlie Stump Interim Planning Director City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Subject: Major Use Permit #00-29- Safeway Fuel Station Dear Mr. Stump' The District has reviewed the plans submitted to the City for the Safeway Fuel Station to be located at the intersection ofE. Gobbi Street and South State Street. Based on a preliminary review the District has made the following determinations regarding permitting of the facility: The project is subject to the requirements of Regulation 1 and Regulation 3 of the Mendocino County Air Quality Management District. An Authority to Construct for installation of Gasoline Storage Tanks and a Vapor Recovery System must be issued by the District prior to beginning construction. The applicant should be made aware that the State of California Air Resources Board is currently discussing modifications to the Vapor Recovery Regulations. . The project may be subject to the requirements of Mendocino County Air Quality Management District Regulation 1, Rule 220(b), New Source Review. A more detailed review based on information contained in the Authority to Construct application will be required before this determination can be made. o The project is not subject to the requirements of federal new source performance standards (Rule 490). In addition, the District has concerns about the traffic that this business will generate and the impact that traffic will have on surrounding intersections. Traffic congestion can be a major source of air pollution and toxic air contaminates such as benzene. The intersection at E. Gobbi and S. State and at E. Gobbi and S. Main, either side of the proposed gas station, both operate at very congested levels during the afternoon commute. It is not uncommon for vehicles to wait for several light cycles to get though the S. State/E. Gobbi intersection. While the District is unaware of the exact Level of Service (LOS) of this interchange at the present time, it seems to exhibit characteristics of LOS E during the PM peak. The S. Main/E. Gobbi intersection exhibits similar congestion, with traffic often reaching as far East as the NorthWestern Pacific Railroad tracks. r'~e Name: ject Name: Project Location: URBEMIS 7G: Version 3.2 safeway. URB safeway gas station Mountain Counties and Rural Counties DETAILED REPORT (Tons/Year) AREA SOURCE EMISSION ESTIMATES Source ROG NOx CO PMIO Natural Gas 0.02 0.23 0.09 0.00 Wood Stoves 0.00 0.00 0.00 0.00 Fireplaces 0.00 0.00 0.00 0.00 Landscaping 0.00 0.00 0.00 0.00 Consumer Prdcts 0.00 TOTALS (tpy. unmitigated) 0.02 0.23 0.09 0.00 OPERATIONAL (Vehicle) EMISSION ESTIMATES Analysis Year: 2001' Temperature (F): 85 Season: Annual ,C Version: EMFAC7G (10/96) Summary of Land Uses: Unit Type Trip Rate Gasoline/service stati 174.70 trips ~ Pumps Size Total Trips 6.00 1,048.20 Vehi cl e Assumptions: F1 eet Mi x: Vehicle Type Percent Type Light Duty Autos 75.00 Light Duty Trucks 10.00 Medium Duty Trucks 3.00 Lite-Heavy Duty Trucks 1.00 Med.-Heavy Duty Trucks 1.00 Heavy-Heavy Trucks 5.00 Urban Buses 2.00 Motorcycles 3.00 Non-Catalyst 1.16 0.13 1.44 19.56 19.56 Catalyst 98.58 99.54 98.56 40.00 40.00 100.00 X all fuels Diesel 0.26 -' 0.33 40.44 40.44 100.00 100.00 Travel Conditions Residential Home- Home- Work Shop ~n Trip Length (miles) 12.0 5.0 Rural Trip Length (miles) 18.0 7.0 Trip Speeds (mph) 35 35 ~ of Trips - Residential 27.3 21.2 ~ of Trips - Commercial (by land use~ Gasoline/service station Home- Other Commercial Commute Non-Work Customer 5.0 12.0 5.0 5.0 8.0 18.0 12.0 12.0 35 35 35 35 51.5 2.0 1.0 97.0 UNMITIGATED EMI. ~NS Gasoline/service statio ROG NOx CO PMIO 2.24 3.86 18.65 0.14 AL EMISSIONS (tons/year) 2.24 3.86 18.65 0.14 Does not include correction for passby trips. Does not include double counting adjustment for internal trips. 2.--7/ Changes made to the default values The user has turned dff the construction emissions default switch. · default wood stove option switch has been changed default fireplace option switch has b6en changed The default landscape emissions option switch has been changed The default consumer products option switch has been changed The default area source mitigation measure option switch has been changed The road dust option switch has been changed The passby option switch has been changed The operational emissions mitigation switch has been changed Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway Would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, 2. 73 Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Car, dace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting fi.om such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 £1T~' OF IJKIll~ Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signe Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: Candace Horsley City Manager City of.l/hah 300 Seminary Avenue Ukiah CA 95482-5400 200I Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: 2- Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 OF UKIAH I '.t I:~.~;~!Y· Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting fi.om such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting fi.om such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: t //~~~/I 0{~/1[ t .~~~~ate: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Hors!ey, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: Candace Horsley City Manager City of Ukiah 300 Seminary .Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: 6 - 4 ' F__) / Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: ~ Date: ~ '- C'i'- C;'i Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed:~ Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this :fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, CiTY OF UKIAH FLANNI~G DEFT. Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, CITY OF UmX PLRNNING DEPT. Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: ~ ~~l Date: J U~ 0 C: 2001 CITY OF UKIAfl PLANNING DEPI'. 2 -77 Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, (:ITY OF UKIAH PI. ANNINS DEPt. Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 JUN 0 CI1Y OF ~I. ANNING DEPT, Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signe ~-~ Date: _~)! CITY OF UKIAH r'UiNNING DEPT. 2. Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 OF UKIAI Dear Candace Horsley, It 'is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed'~~_f ~ Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 CllY OF Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: _~ 10 Date: -1ol Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 CAY Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, .job creation, and additional tax revenue resulting from such a project are more than welcome in.the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: ~~ Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting fi.om such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed: , ~,.,,~..~.~ .~[t-e~vv~-'~-h~. Date: (~ - I '- © [ Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, 2 .-IO7 Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace H°rsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, Signed:, ~"~~ Date: Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah CA 95482-5400 Dear Candace Horsley, It is my understanding that Safeway would like to construct a fuel center at their 653 South State Street location in Ukiah. Personally, I believe that this fuel center proposal would be a wonderful addition to Safeway's offering. I believe that the combining of trips, additional competition, job creation, and additional tax revenue resulting from such a project are more than welcome in the city. Please share with the Planning Commission and City Council my interest in approving this application. Thank your for you time and consideration on this matter. Sincerely, SAFEWAY TRAFFIC/PARKING OBSERVATIONS DATE AND TIME OBSERVATION ........- STAFF PERSON SAFEWAY TRAFFIC/PARKING OBSERVATIONS DATE AND TIME OBSERVATION STAFF PERSON 7'. SAFEWAY TRAFFIC/PARKING OBSERVATIONS DATE AND TIME .~ /0, OBSERVATION STAFF PERSON PUBLIC HEARING CLOSED: 6:58 p.m. Planning Commission Discussion: Commissioner Loewenstein commended planning staff for their creative approach to solving the parking issue by allowing the applicant some flexibility, while at the same time remaining consistent with City policy. Commissioner Correll complimented the applicant on the d,esign aspects of the building. He was initially concerned about the parking issues, noting other businesses in the area also do not have onsite parking accommodations. He recognized there may be parking available across the street, noting even though the accommodations may not meet the parking criteria, it would be acceptable. He briefly elaborated on the potential for various uses on the site, and how they may change with time. He was in favor of the project as it was proposed. Commissioner Wallen stated his concern was that the applicant did not have the opportunity to review the required Conditions of Approval. He inquired whether the applicant accepted the project Conditions of Approval and if so, he would support approval of the project. PUBLIC HEARING REOPENED: 7:09 p.m. Mr. Meaux stated he agreed with the Conditions of Approval. PUBLIC HEARING CLOSED: 7:11 p.m. It was noted the carpet business does have parking accommodations behind the building. Commissioner Wallen was pleased the architectural standards have been raised on Mason Street. Ms. Pruden stated the project was a case where the land use code does not quite match the reality of the situation, noting, realistically, there will be parking on the south side of the building, even though these parking spaces cannot legally be recognized as complying with the regulations for onsite parking. She noted the elimination of two curb cuts, in addition to the offsite parking accommodations from the railroad property and Mason Street, would be a practical solution to the applicant's inability to meet the onsite Zoning Code parking requirements of two onsite parking spaces. ON A MOTION by Commissioner Correll, seconded by Commissioner Wallen, it was carried by an all AYE voice vote of the Commissioners present to approve Site Development Permit No. 02-07 with Findings 1-10 and Conditions of Approval 1-21, as outlined in the staff report, and as discussed above. 8B. Safeway Fueling Station Use Permit 00-29: The proposed project involves the development of a gas station on the southeastern portion of the existing parking lot at the intersection of Gobbi and Main Streets located at 653 South State Street (APN 002-340-39 & 61). The gas station would consist of a customer-service kiosk and five individual fuel pumps covered by a 21-foot high canopy that would be 45-feet long, with a coverage area of approximately 4,140 square feet. MINUTES OF THE PLANNING COMMISSION Page $ May 8, 2002 Planning Director Stump stated approval of the proposed Major Use Permit would allow a 24-hour, seven-day per week Safeway discount gasoline station to be developed at the intersection of Main and Gobbi Streets, located at the southeast corner of the store's existing parking lot. The project would include a customer-service kiosk and five individual pumps covered by a 21-foot high canopy. Construction of the gas station would require modifications to approximately 18,000 square feet of the project site, in addition to the elimination of 30 stalls and the replacement of two large planter areas on the end of two interior parking rows. The existing pedestrian walkway would be relocated to the west. Planning staff expressed concern regarding the project when it was initially presented. The project has been revised and technical studies have been conducted. Staff remains concerned about the merits of the project, mainly with Ukiah General Plan and the Master Bicycle and Plan inconsistencies, and issues related to visual congestion/cluster in this gateway area, parking, traffic, circulation, and compliance with the Ukiah Master Bicycle and Pedestrian Plan. He commented on the General Plan Vision Statement, which requires projects in commercial areas to complement rather than compromise the natural beauty of the area. When the old Safeway store was demolished and the new store developed to the north, it opened up the cluttered and uninteresting intersection along a main gateway corridor into the City. The new viewshed, incorporating the beautifully landscaped site together with the natural view of the western hillsides, provided a tremendously positive gateway statement to the City. The newly opened-up view of the natural hillside and uncluttered view across the Safeway property to the northwest complements rather than compromises the beauty of the area. He noted the Ukiah General Plan encompasses other goals and policies, as listed in the staff report, relating to providing an aesthetically pleasing urbanscape, improving the appearance of area gateways, and improving the appearance of Downtown Ukiah, assuring that developments relate harmoniously with each other within the districts. The Plan also provides that new developments be compatible in the downtown area, ensuring the Downtown design standards will enhance the character of the area. It is staff's opinion that the project is inconsistent with the above-referenced Ukiah General Plan goals and policies. Mr. Stump commented on the Master Bicycle and Pedestrian Plan, noting that it was adopted by the City Council in 1999. One of the important programs contained in the Plan is to create a safe and attractive bicycle/pedestrian corridor along Gobbi Street from Yokayo Elementary School to Gobbi Riverside Park. He stated the City received a $40,000 grant to fill in the gaps of missing bicycle lanes along Gobbi Street. Another of the Plan's goal is to encourage more people to walk or ride bicycles rather than utilize vehicles, especially on Gobbi Street. Staff is concerned the proposed auto dominated project would add automobile activity to the Gobbi Street corridor, thus conflicting with Goal number 1 of the Plan to make the City's circulation system safer for all pedestrians and bicycles. Staff concluded the proposed project would directly conflict with this Goal, because it is a land use that attracts automobiles and trucks, and when added to the existing vehicle congestion, narrow driveways, existing bus turn-outs adjacent to the site, the increasing intensity of the nearby Mendocino County Social Services Department, and the recently approved Danco project, it makes for an unsafe corridor for bicyclists and pedestrians. Goal number 3 of the Plan is to maintain a high quality of life by the creation of a streetscape and path system that is not only physically adequate, but also aesthetically pleasing and inviting to the City's pedestrians and bicyclists. Staff concluded that the project and the associated congestion would directly conflict with the City's efforts to create a pleasing and inviting bicycle/pedestrian environment along Gobbi Street, thus the project would be inconsistent with the goals and policies of the Master Bicycle and Pedestrian Plan. MINUTES OF THE PLANNING COMMISSION Page 6 ._~_ May 8,2002 Mr. Stump noted parking at Safeway has become more congested with the addition of the other services that have emerged at the store, noting the proposed elimination of 30 parking stalls may be too great a loss of parking space. Staff expressed concerns relative to traffic and traffic congestion in the area, noting the applicant did have a Traffic Study prepared. The Traffic Study basically concluded that the traffic would continue to operate at acceptable levels, and that the project would not significantly impact traffic or worsen the situation. Staff did not have a technical study to dispute the applicant's Traffic Study findings. However, staff questioned the findings and conclusions of the applicant's Traffic Study, noting empirical observance of traffic driving regularly on the streets and accompanying intersections surrounding the site, revealed that traffic at the intersection of Main and Gobbi Streets during PM peak period has been progressively getting worse over the past couple of years, and traffic is currently very congest at times. The Danco Traffic Study, prepared during the time period as the Safeway Traffic Study, encompassing data at the same intersection as the Safeway Traffic Study, concluded that the existing traffic during the PM peak period resulted in traffic delays, reaching a Level of Service (Los) F and/or worse level of operation. Staff concluded that the Danco project Traffic Study counts and conclusions seemed more accurate and better reflective of the current traffic condition, noting that the addition of an auto-dominated land use to the proposed site would make the level of service F (totally unacceptable) much worse. Mr. Stump stated onsite circulation is another concern, noting the applicant's Traffic Study did address this issue. A mitigation measure is proposed relevant to the State Street driveway, which is in staff's opinion, technically feasible and marginally acceptable. The main concern is the ability for vehicles to effectively ingress and egress the driveway, especially during peak hours, and this task is becoming increasingly difficult. The Safeway Traffic Study concluded that the overall operation of the onsite driveways during evening peak hours would be LOS A (perfectly acceptable), and that the average delay on the State Street driveway approach during the weekend peak hour would increase, resulting in a decline from LOS D to LOS E. For drivers exiting the site on the State Street driveway, the average delay would also increase, reaching LOS F. The Study concluded that the above- referenced delays were not significant as such delays are common to other driveway entrances along State Street. Staff disagreed that the delays do not represent a significant adverse impact, noting just because there are a number of unacceptable operating driveway encroachments along State Street does not mean that the City should allow another one. Again, the mitigation proposed is technically feasible, but marginally acceptable. Mr. Stump stated an Initial Study and Mitigated Negative Declaration has been prepared for the project. Staff originally requested the preparation of an EIR for the project, due to changes in traffic level of service. Staff concluded that requiring the applicant to undergo the costly and time-consuming EIR process, only to recommend denial based on General Plan inconsistencies would be unreasonable. Staff advanced a Mitigated Negative Declaration to move the project forward with a recommendation for denial based on the merits of the project, even though staff believes that the applicant's Traffic Study findings and conclusions are suspect, based upon staff's empirical observations and findings of the Danco project Traffic Study. Staff determined the project, as mitigated, would not have a significant adverse impact on the environment, and therefore, a Negative Declaration was recommended. However, staff is recommending denial of the Use Permit primarily on the grounds that the project would be inconsistent with goals and policy of the Ukiah General Plan and Ukiah Master Bicycle and Pedestrian Plan. MINUTES OF THE PLANNING COMMISSION Page ? ~,~ ,-- ~'~ May 8, 2002 Mr. Stump advised that a letter had been received from a nearby property owner in support of the proposed project. Planning Commission Questions to Staff: Acting Chairman Pruden inquired regarding the length of time for applicant presentations. It was noted that applicant presentations should encompass no more than 20 minutes per speaker. PUBLIC HEARING OPENED: 7:38 p.m. Gladys Cornell, Ukiah, resides near Safeway and conveyed her negative experiences, as a pedestrian, with the traffic problems and associated congestion on Gobbi Street. She was not in support of the proposed project, due to the potential for increased traffic problems on Gobbi Street. Todd Paradise, Safeway Representative, reported the project has been in the planning phase for approximately two years, stating the Planning Department did not respond in a timely manner in the early planning stages as to whether staff would recommend approval or denial of the project. He anticipated that staff would be of more assistance during the planning and technical aspects of the projects. He noted the applicant's intent was to adequately address and hopefully resolve the project issues including parking, traffic/congestion in the surrounding area, inconsistencies with the Ukiah General Plan and the Master Bicycle and Pedestrian Master Plan, and neighborhood inquiries. He noted the applicant has worked with the City, Ukiah Chamber of Commerce, and public to collect sufficient information/data in order to better assess the project issues and/or inconsistencies. He expressed concern that the applicant's Traffic Study findings and conclusions were not credible and construed by staff as, "suspect," in the staff report. Commissioner Loewenstein asked that the applicant refrain from the gratuitous "attack" on staff. Mr. Paradise referred to a statement made by Commissioner Pruden during the March 25, 2002, hearing requesting a continuance, which in his opinion, was derogatory. He expressed concern that the project would receive a fair hearing. The applicant believes the project is not inconsistent with the Ukiah General Plan. He drew attention relevant to the applicant's letter to Planning staff, dated March 7, 2001, outlining in detail why the project would be consistent with the Ukiah General Plan. He stated, regarding the General Plan Vision Statement, that the "City envisions a creative, mixed economy with both large and small employers, jobs that attract and satisfy its citizens in business that retain dollars within the community." He stated information received from local public polling revealed that gas is purchased in Santa Rosa, specifically at the Costco Fueling Station. He drew attention to a booklet containing information on other Safeway fueling stations, noting the proposed project is a "cut above" other gas marketing facilities currently operating. He stated an attachment was mailed with the Ukiah Chamber of Commerce letter earlier this month, addressing many of questions that were generated when polling existing customers. He addressed the advertisement section subsequent to the local competition, noting that some of these competitor facilities may require service upgrading in proportion to the growing community. The technical studies indicated that there is room for more than one fueling station. An advertisement statement was made on pricing to demonstrate the fact that MINUTES OF THE PLANNING COMMISSION Page 8 ,,.. ~ May 8, 2002 Safeway Fueling Stations practices do not "undercut" and/or predatorily price gas. The fuel stations typically employ between six and eight persons, which create more job positions for the community, and these employees would receive the same benefits as the store employees. The project would be aesthetically pleasing and designed to enhance the community. He acknowledged that although the fuel station would provide an additional service, the main source of income would be grocery portion of the store. Acting Chairman Pruden clarified that her statement, referred to above, was not meant to be derogatory, noting the proposed project would receive the same fair discretionary consideration as any other project. Blithe Wilson, DHL Representative, briefly reported on the design concept and features, stating the information provided takes into consideration the site utilizing internal circulation patterns, and the existing driveways. He noted the project is not proposing any additional driveways, and as with most of Safeway's fueling stations, there would be no driveway implemented at the corner in order to eliminate some of the potential traffic impacts. The site allows for multiple choices for egress and ingress. One of the significant benefits of having the fueling station on the Safeway property is that it would not be landlocked, allowing for more flexibility by having multiple access points from the parking lot areas, thus reducing traffic congestion at the intersections. He stated the facility, as proposed, does meet the City's parking requirements and that parking accommodations would be adequate. A study was conducted on site relevant to parking accommodations, noting the fueling facility would be located in an area where parking is least utilized. As stated above, Safeway's primary source of income is the grocery portion of the business, and the store would be very concerned if there were not sufficient parking spaces to accommodate its customers. He noted other Safeway stores have actually declined to install fueling stations, due to loss of customer parking spaces. He stated, however, the Ukiah Safeway store feels very comfortable with allowing for a fueling station, because there would be adequate parking available. He noted landscaping around the fueling station would be improved to create an aesthetically pleasing facility. He addressed the concept that the facility could upset the existing scenic vista, and provided a projected visual depiction of the site after completion, noting the layout of the site and accompanying canopy would not obstruct the viewshed. Commissioner Loewenstein questioned the before and after visual analyses as well as the site plan landscaping strips, stating the approximate 25-foot tall tree significantly obstructs the view of the canopy and, he doubted there would be sufficient width to support a mature 25-foot tree of that nature. He stated, regarding the visual analyses, that it would be helpful if the conditions were the same in both the before and after pictures. The visual rendition depicting the completed project represents a misleadingly benign view of the adverse impacts. Mr. Wilson addressed the site plan, noting there would be trees in the planter areas and he was unable to provide the width of the trees depicted. However, he assured the Commission there would be sufficient plant widths to support mature trees. He stated Safeway's intent is to development a fueling station that would harmoniously tie into the grocery store, whereby the architecture for the facility would match the existing store. He commented on a letter received from Reid Rinehart, a local fuel owner and distributor, and stated the comparisons made to other fueling facilities with regard to traffic congestion impact during peak hours were valid. It would be beneficial to the community to have another service station to fulfill this necessity and lessen the impacts during peak hours, especially when people are leaving MINUTES OF THE PLANNING COMMISSION Page 0 .~...~' May 8, 2002 work and require fuel. would be an asset. He stated the community is growing and another fueling station Ms. Pruden stated considerable time and detail planning was spent during the discretionary review process of the existing Safeway store, assuring that adequate pedestrian accommodations were developed at the southeast location in order to make this corridor pedestrian friendly, as well as to coordinate with the MTA services in the same vicinity. There is a sidewalk strip and MTA bus stop located on Gobbi Street at the southeast location, as many of the store customers are dependent upon this type of transportation. She noted the major pedestrian crossing is directly in the path where vehicles will ingress or egress from the fueling facility, and, therefore, was concerned relevant to pedestrian safety issues. Mr. Wilson acknowledged the pedestrian crossing problem in the area and noted, in his opinion, the fueling station would not worsen the condition. ^ possible solution to improve the condition would be to rework the site plan subsequent to the pedestrian path and landscaping planter areas on the Main Street side of the site. This would allow for a pedestrian path at the Main Street entrance to Safeway, whereby pedestrians can walk along Main Street to access the MTA bus stop. The likelihood of crossing any sort of heavily traveled traffic pattern would be eliminated, because the side parking does not receive as much traffic impacts as that of the access driveway to Safeway off Gobbi Street. By reworking the site plan and concentrating/emphasizing access from the Main Street driveway would reduce the safety risk to pedestrians. Ms. Pruden commented on the proposed fueling station documentation that indicates there is very little parking in the southeast corner of the parking lot. However, the reality is that the addition of a service station would increase the impacts to traffic and pedestrian safety in this area. Pedestrian friendly accommodations were made during the original Safeway Site Development Permit process, considering the fact that the southeast location was less congestive. Development of a fueling station right across from a major pedestrian connector to public bus transportation even in an area where traffic and parking is somewhat less congestive, would conflict with the plans to maintain an area that was purposely made pedestrian safe in an already high traffic corridor. Mr. Wilson stated the intent would be to redirect the majority of pedestrian traffic to Main Street sidewalk, allowing for easier and safe access to the bus stop. Walkways would be specifically marked and situated on islands to ensure pedestrian safety. Kevin Slagle, Porter Novelli, stated his firm's responsibility lies in assessing community attitudes and seeking input on projects. His firm spent time in the community conversing with and sending mailers to local business owners, local residents near the proposed site, and with the Ukiah Chamber of Commerce to gain the community's understanding and feelings relevant to the project. He noted there were many positive responses and/or comments about the project provided for in the Safeway documentation packet. The empirical data received supported the project and the traffic issues were considered to be positive rather than negative. Ms. Pruden inquired as to the number of survey mailers received from the community. Mr. Slagle noted there were approximately 10 or less, noting much of the input was verbally conducted, and that the responses to the project were positive. MINUTES OF THE PLANNING COMMISSION Page 10 .... ~ May 8, 2002 Ms. Pruden pointed out the survey mailers contained categories to indicate support of the project or had questions concerning the project, noting there was no category indicating opposition to the project. Commissioner Lowenstein inquired as to how his firm would present negative feedback issues if the survey questions only focus on whether a person was in favor of the project. There was no checkmark for "no" answers. Mr. Slagle clarified the intent was designed to be more of a questionnaire rather than a survey, in order to respond to questions and/or concerns relevant to the project. Ms. Pruden indicated there were 108 responses, whereby 61 of people polled were not residents from this community. Mr. Slagle responded they did represent the customers and people who were driving the City roads. Ms. Pruden stated, however, it is the community residents who must bear the impacts from the project. Mr. Slagle clarified the information received was not considered to be a poll or survey, but a way to collect input and answer questions and/or concerns. He stated Safeway was committed to seeking public input through various ways. Commissioner Correll noted some of the respondents did not check any of the boxes or checked "all three" of the boxes. It was noted it was difficult to obtain a fair assessment from the project information collected. Daylene Whitock, Traffic Engineer, Whitlock and Weinberg Transport, Santa Rosa, provided a computer graphic rendition of Safeway, the proposed site, adjacent streets/intersections, and subsequent demonstration of calculated traffic delays and traffic circulation at various peak hours. She stated the level of operation/level of service (LOS) analysis represented operation as an average over an entire hour, noting analysis incorporating averages possess "peaks and valleys", which means there are times when traffic is more congested than other times. The result of the analysis is based upon the average of the entire operation, and how the operation correlates to people's actual driving is very dependant on what part of the hour it is, and the movement being made at specific intersections. She stated, for example, during the 15-minute peak period, there would be higher congestion and longer cues and delays, and during the lowest 15 minute peak time of the same hour, there will be less congestion. Very often someone's experience with an intersection has to do with the fact that he/she typically drives the one movement that has the worst delay of any movement on the entire intersection. Therefore, this experience would be subject to the highest category as opposed to someone who comes up and makes a quick right turn at the intersection. Theoretically speaking, an intersection may be functioning at level C or D, according to the traffic statistics, but the perception of delay may be appear to be quite the contrary. She addressed the parking lot during peak hours, noting some of the left hand "pockets" do experience delays causing back-ups on State Street, which, in her opinion, is a normal operation and will clear during the "first phase." She commented on the hourly results of the Safeway traffic study as opposed to the one MINUTES OF THE PLANNING COMMISSION Page ! ! May 8, 2002 presented by the Danco consultants, stating this issue was addressed in a letter to staff last summer, whereby there was a two minute average delay for person coming west bound on Gobbi Street. She observed traffic for an hour this evening from 4:00 p.m. to 5 p.m., and noted the longest delay on the westbound approach to Main Street from Gobbi Street was approximately 70 seconds. An average delay of over two minutes is not going to be typical during the course of an hour, noting there would be days when the delays would be two minutes. Ms. Pruden inquired whether the consultant observed the eastbound traffic when people are traveling away from the City. Ms. Whitlock explained she was comparing the calculations that presented a LOS F, which demonstrated the problem existed in the westbound direction for persons coming into the City and stopping at the Gobbi Street intersection, heading toward State Street. She observed approximately three or four delays, westbound. She stated it is not entirely accurate, regarding the westbound occurrence, for the calculations to demonstrate an average delay of two minutes. Furthermore, she observed no delays and/or cuing between 4:00 p.m. and 5:00 p.m. for the north and southbound approaches from Main Street, noting the vehicles were included as part of the average operational calculations. The intent of the Safeway Traffic Study was to address the traffic concerns on Gobbi Street, noting she observed the backup delays from State Street to the Gobbi Street intersection. However, she reiterated the study represented the average operation calculations over the course of an hour and, therefore, it is questionable whether these calculations should be translated into unacceptable levels of operations under the available theories and standards. She noted, in terms of bicycle and pedestrian safety issues, the proposed increased traffic generated would not be significant. She further noted the traffic issues relative to the Costco fueling station, as noted in the Safeway information packet, would not be the equivalent for this project. She stated the existing bicycle lanes presently are striped to allow for such safety. She further stated persons desiring to purchase fuel and groceries would lessen the amount of times a vehicle would have to cross and/or make trips onto Gobbi Street. She reiterated there is a positive aspect concerning pedestrian and bicycle safety, because vehicles are forced to slow down due to increased traffic in the area. Anna Shimco, Law Offices of Casidy, Shimco, and Dawson, Safeway's Land Use Representative, addressed the standard legal procedures for the project in terms of the Ukiah General Plan's consistency issues for the Use Permit. The State's General Plan guidelines state, according to the Governor's Office of Planning and Research, "that an action, program, or project is consistent with the General Plan, if considering all its aspects, it would further the objectives and policies of the General Plan." The Ukiah General Plan's consistency determination will be set aside by a court, if it is determined that the action taken is arbitrary, capricious, or without evidentiary support. The Planning Commission's decision must be a factual determination. Similarly, in terms of the Use Permit, it is an administrative decision and not a legislative decision and, therefore, it must be supported by the Findings. The evidence must support the Findings made. Based upon the view of the project including the staff report, the evidence that Safeway has submitted, as well as other evidence submitted, she, in her opinion, did not think it would be supportable to determine that the project is inconsistent with the Ukiah General Plan. She stated no evidence has been put forth to make such a determination, noting the information consists of speculation, opinions, generalizations, and generalized concerns, not supported by evidence. Bicycle paths were knowingly developed on the main streets as part of the City's policy and intent, with the understanding that vehicles would heavily utilize the streets. She stated, regarding MINUTES OF THE PLANNING COMMISSION Page 12 May 8, 2002 aesthetics, the only other issue raised with respect to General Plan consistency is the actual photomontages of what the site would look like and what the vista would be in the future. There is no Finding to support that the General Plan policies have not been met in terms of aesthetic concerns. She recommended the Planning Commission consider the actual evidence and facts, because this is all the Commission is permitted to consider in making a determination relevant to the Fueling Station Use Permit application. Dixie Brittain, Ukiah, was not in favor of the project, noting a fueling station was not necessary on the southeast corner of Gobbi Street. Albert Krauss, 866 S. Dora Street, Ukiah, stated the Ukiah General Plan was created with many subjective considerations in mind to assist with implementing planning goals and objectives, and to maintain a quality of life for the good of the community that may not correspond with assumptions made by media evidentiary data. He drew attention to the Ukiah Daily Journal's artistic renditions of the proposed Safeway fueling station, noting the two advertisements omitted the pricing sign depicted at the corner of Main and Gobbi Streets. ^ tree may have been included to obscure the sign, stating a gas station should have a sign to attract the customers of a store. He briefly elaborated on the potential traffic impacts resulting from the fueling station. Chris Shallard, Ukiah, was supportive of the proposed fueling station, and stated there is a need for additional gas facilities. Perry Stephensen, Ukiah, was not in favor of the Safeway project, due to the potential traffic, noise, viewshed impacts and safety concerns. Mike McCann, Ukiah, expressed concern relevant to the proposed project, and stated the computer graphics traffic program did not depict the left turn lane coming east on Gobbi Street as being overfilled, or stacked in between South State Street and Main Street, or showing a vehicle exiting from the Yokayo Shopping Center, which occurs, in his opinion, frequently. He noted the aforementioned information is important to the Traffic Study, and should have been depicted. He is familiar with traffic congestion in the Yokayo Shopping Center, and the traffic patterns up and down the South State corridor all the way to Talmage Road. He stated changes to traffic at the Gobbi Street intersection impact traffic on South State Street and other surrounding areas. He stated the Danco Traffic Study indicated a LOS F at the Gobbi and Main Street intersection. He stated the LOS F occurs frequently at these intersections. The Danco Traffic Study indicated that traffic in the area was operating near LOS E, which would not make it legal for new development. He stated it is not possible to speculate whether more traffic can be allowed on Gobbi Street. He further stated street striping would not solve the traffic congestion problem, because it is a small, two-lane road. He addressed the issue concerning vehicle stacking from Main Street going west toward State Street, and stated this area continues to be congested. He reported there are "overlaps," whereby a person is unable to get into the left turn lane, due to the number of eastbound vehicles stacking up, and stated this occurrence was not accurately depicted on the computer traffic circulation program. Every entrance at the Yokayo Center, at times, operates at LOS F, which takes approximately three minutes to exit onto South State Street, affecting traffic flow on streets as far away as Cherry Street. The delays are affected by the traffic situations at the Main, Gobbi, and South State intersections. The fueling station would add to the congestion problem with increased gridlock at these key intersections. The project's intent is to lure customers into Safeway, which is a fine marketing approach, but, in his opinion, is not in the City's best interest. He addressed gas pricing, and stated the City's MINUTES OF THE PLANNING COMMISSION Page 13 ,-. ? May 8, 2002 price for gas is consistent or less than other cities, noting that Safeyway's statement of offering lower gas prices may not necessarily be true. People purchase gas because it is a necessity, and not as a reason to grocery shop. He was not in favor of the project, due mainly to increased traffic problems in the area and associated intersections. Jack Cox, Ukiah, stated many people in this community are opposed to new projects, and they find many issues and/or constraints to justify their reasons. He drew attention to the discrepancies between the Danco and Safeway Traffic Studies, and he was supportive of the Safeway study results. He commented staff basically suggested that should the project be approved, the mitigation measures to be done would primarily be striping, noting this action would set precedence and should also be applicable to the Danco project. There is conflict between the two Traffic Studies, and he supported the traffic findings presented by the Safeway traffic consultant. He stated community growth is inevitable, and the community should be more accepting of this fact. Sanjeev Balajee, Ukiah, addressed the issue of sustainable positive growth in the community, noting this concept must be appropriately managed. He stated, in his opinion, the proposed project does not represent a "smart growth" approach. As a bicycle enthusiast, he was not supportive of the project, due to potential negative impacts to traffic and pedestrian/bicycle safety. He travels Gobbi Street many times a day on a bicycle, and he recognizes that traffic is congested on this street, as well as other streets in the area. There are plans to make the Gobbi Street corridor pedestrian and bicycle friendly, thus encouraging people to leave their vehicles at home to walk or bicycle. Development of a fueling station on Gobbi Street would conflict with the plans to encourage people to walk and bicycle, as such a corridor is extended from Yokayo Elementary School to Gobbi Riverside Park. Mr. Posner, 116 Ford Street, Ukiah, often rides his bicycle on Gobbi Street, stating he navigates cautiously, because the area is congested with vehicles making left turns, particularly with ingress and egress from the Yokayo Shopping Center and Safeway driveways. Paul Anderson, 309 Jones Street, Ukiah, expressed concern relevant to the project's compatibility with the neighborhood. He stated the area surrounding Gobbi Street has become increasingly residential, noting the Danco housing project that will soon be developed. He was not supportive of the concept of having a gas station in the middle of a residential area. He briefly commented on the how the proposed project would obstruct the existing beautiful vista. Katie Edwards, 472 Pomolita, Ukiah, Rinehart Oil Representative, stated Rinehart Oil is a local fuel distributor and readily admitted that her primary motivation is preservation of the business. "Big Box Retailers" present a serious issue, noting that many of the local service stations are locally owned and operated. Safeway implies that this community needs additional services stations, which is a myth. The gas stations on the heavy traffic areas such as Perkins Street are very busy, whereby the stations located on State Street could utilize more volume of customers. She stated volume of customers is a primary factor in regulating fuel prices. Her business is opposed to the proposed project for a variety of reasons, but primarily because Safeway is utilizing pricing tactics on fuel, which is way to draw people into the grocery store. This tactic does not seem to be a competitive business practice for the local business owners. MINUTES OF THE PLANNING COMMISSION Page 14 May 8, 2002 There was a brief discussion relative to the number of gas stations Rinehart Oil services. Paul McDonald, 324 Hillcrest, Ukiah, enjoys shopping at Safeway, and he was not supportive of the proposed project. He avoids traveling in the general area during peak hours when traffic is too congested and there are traffic delays. Jerry Martin, 1220 Marwin Drive, Ukiah, stated when a large corporation makes an effort to place full-page advertisements in the local newspaper on a project that evidently is unable to stand on its own merits, is an indication that the project is not a good fit for the community. He stating a traffic problem does exist in the area, and for Safeway to deny there are problems is insulting to the integrity of the community. Commissioner Wallen pointed out that Mendocino County often had the highest gas prices in California, until recently. Mr. Martin stated Ukiah is more than competitive in terms of gas prices, noting this community has some of the lowest gas prices in northern California. Gas prices vary because of the "marketplace" and what it can bear, and do not pertain to the cost. Communities such as Ukiah are experiencing severe competition and, in his opinion, this fact will continue to occur. Keith Whitewolf James, 1300 West Clay Street, Ukiah, has yet to see a gas station that is architecturally attractive. He stated it was ludicrous to think that local residents are traveling to Santa Rosa to purchase gas. He was appalled that Safeway would send legal council to a Planning Commission discretionary review hearing in order to remind the Commission of its duties as a decision-making body. Robert Axt, 135 West Gobbi Street, uses Gobbi Street daily and noted the proposed fueling station would increase traffic on this street. He stated it would be a problem for him to utilize an alternative route. He stated the Gobbi Street and State Street intersections become particularly congested when Yokayo School is out for the day. Pardy Bardwell, 1146 Helen Avenue, Ukiah, as a resident of Ukiah, was not supportive of the project. He stated the project would be a visual blight and furthermore, there are other existing gas stations with reasonable prices within three or four blocks of the proposed project. He stated, with the Danco housing development, that traffic will become increasingly congested in the Gobbi Street area, and the proposed fueling station would only add to the traffic problem. Todd Paradise reported that approximately 99 percent of the project issues pertain to traffic impact and concerns. He noted other communities are confronted with identical constraints and have chosen to appropriately mitigate the issues. Instead of applying "guess-work" to the issues and/or problems, he inquired whether a community member and/or staff has taken the time to poll other communities to find out what measures they have implemented to resolve similar situations. PUBLIC HEARING CLOSED: 10:39 p.m. Planning Commission Discussion: MINUTES OF THE PLANNING COMMISSION Page l$ ~, -...// May 8, 2002 Commissioner Loewenstein enjoys the convenience of having Safeway in its present location. He is `'pro economic development," noting the Planning Commission is only able to pass judgment on the projects that are presented. He stated it is disturbing when an applicant accuses the Commission of being "anti-economic development." He recognized that economic development is both necessary and essential in this community. Tracking economic development is the role of the Ukiah City Council, and is not the role of the Planning Commission. He is supportive of projects that provide sound job-generating strategies and promote economic development in the community. He stated tonight's project presentation was one of the most extraordinary productions he has witnessed during his career, whereas the applicants began by `'attacking staff" and ended by "threatening" to sue the City. He was unappreciative of the applicant's strategies for a project they desire to be approved by a discretionary body. Commissioner Loewenstein outlined his specific project concerns, which included the Safeway flier referencing the proposed project, noting the logic was spurious. He stated in this regard, the flier stated introduction of a new gas station would undoubtedly increase competition among the local gas stations and help reduce the soaring gas prices. Furthermore, in response to another question regarding the flier, the assumption that Safeway's gas prices would be so Iow that people from outside of the community would be lured to the new fuel facility is simply unfounded. Either the applicant is overstating the benefits of the project in terms of lower gas prices or understating the environmental impacts, noting both statements cannot be true. There are many uses presently existing on the site that include a pharmacy, a banking facility, florist, a cellular business, and a grocery store, and the addition of a gas station would be too many uses for that particular site. He addressed other Safeway sites referenced in the Traffic Study, and stated from this data, Safeway reported that 36 of the trips were internal to the site, which incorporating this data, would suggest that two-thirds of the trips would be external to the site. Safeway's argument is that 50 percent would encompass passerby customers, so the traffic is already present. He stated passerby customers create turning movements, and it is the turning movements that slow traffic down. Commissioner Loewenstein agreed with the staff report except for one statement on page 5, noting originally the preparation of an Environmental Import Report would be required, due to the compelling project issues. However, staff has presently recommended the approval of a Negative Declaration so the applicant would not have to undergo the costly and time-consuming EIR process, only to recommend denial of the project. He stated the Ukiah City Council has a track record of overturning Planning Commission recommendations, including unanimous ones. He expressed concern should the Planning Commission certify the Negative Declaration, and the project is appealed to the City Council, and the City Council overturns the Commission's recommendation, there would be an inadequate environmental document. He recommended that an EIR be prepared for the project. He stated the applicant's legal council stated the Planning Commission does not have a very `'robust data base" concerning this project, and in the event of an appeal and/or litigation, an additional robust data base" would be needed on the environmental impacts concerning this project. He further expressed concern relative to the traffic impacts, particularly the accumulative impacts with regard to the Danco project. He was concerned with visual impacts, noting the project's visual analysis to be inadequate, whereby a more thorough analysis is necessary. He was also concerned with safety issues, both on and off site. There is the potential for vehicular accidents on site as a result of the project. He stated the addition of a gas station would create increased light and glare on an already MINUTES OF THE PLANNING COMMISSION Page 16 ~ ,... / ~ May 8, 2002 well-lighted site. He was not in favor of certifying the Negative Declaration, and he intended to vote against the project. Commissioner Correll complimented Safeway on the data report, and he appreciated what Safeway is trying do from a business perspective. The project concerns include that the fueling station would be open 24 hours 7 days a week, generating additional light and noise. He further expressed concern relative to traffic impacts, noting he did some traffic calculations in addition to the Safeway and staff data submitted. He reported that hypothetically, if 400,000 gallons of gasoline were sold at 15 gallons per car, his figures were lower than the other figures. His calculations perceived there would be approximately 800 vehicles per day traveling in the area and lower if the number of gallons of gasoline sold was less. He reported, in his opinion, the subsequent Traffic Studies completed for the project were not credible. However, he could assess the traffic issues, noting the addition of 100 cars per day would impact traffic. He stated if the traffic information were actually based on "true" vehicle counts as opposed to average operational counts and/or general information, the data would be more credible. He favored the proposed architectural features, whereby Safeway made a concerted effort to assimilate the project. He noted, relative to the Safeway report, there were credible reasons for approval of the project. However, he stated the location would not be conducive for the development of a gas station. He further stated possibly when the Safeway project was initially reviewed, the gas station may have been approved, and the site accordingly reconfigured. Furthermore, since approval of the store, a Bicycle and Pedestrian Master Plan has been approved for the Downtown corridors, whereby considerable time and effort was spent in attaining this goal. He would not support the project. Commissioner Wallen also observed traffic movement in the area today, noting his observations were not conducted during high peak hours. He advised relevant to making a decision, he sought input from his friends and neighbors, as well as recognized the input from staff. He stated, regardless of the Safeway project, an inadequate job has been done with the planning of City streets in conjunction with the growth issue. Traffic flow in this City must be closely examined in order to expand the lanes and widen major street arteries. He stated riding a bicycle down Gobbi Street is too dangerous. There is no doubt in his mind that the Safeway project would add to the congestion on Gobbi Street. The traffic problems must be addressed, as they are not going to leave just because a project is denied. The Danco project will undoubtedly increase traffic congestion in this area, and he was initially opposed to the project, due the potential for increased traffic problems, noting there is a need for housing accommodations in the community. He noted it could be construed as contradictory to approve the Danco project and deny the Safeway project when both projects would create traffic impacts. He stated the City's infrastructures must be improved to accommodate growth to assist approving new projects for the benefit of the community. Acting Chairman Pruden stated projects incur certain trade-offs and community changes, noting the Safeway site purchased land that was formerly utilized for housing. She stated when the original Safeway project was reviewed, considerable efforts were made to plan the parking lot well, allowing for a more open feeling resulting from the beautiful viewshed of the eastern and western hills. On the issues of the pedestrian access and the subsequent MTA bus stop, she expressed concern relevant to public safety. The location of the bus stop and pedestrian access in the southeast vicinity of the proposed project was carefully crafted. More people have been able to shop at Safeway as a result of the mass transit accommodation nearby. Construction of a gas station in the southeast corner of the Safeway parking lot would conflict with the pedestrian-friendly accommodations already in MINUTES OF THE PLANNING COMMISSION Page 17 May 8, 2002 place. She acknowledged that the Danco project will contribute to traffic congestion, but the City needs housing units. She expressed concern pertinent to crime occurring at Safeway during the late night hours. She stated the Planning Commission's objective is to deal with land use issues and decisions, and economic analysis is not part of the Commission's job. She inquired in terms of effective land uses, does the community need more housing units or gas stations. She suspected the community requires more housing accommodations. Only so much traffic can be placed on the City streets, so a decision and/or trade-off must be made as to "who gets what," because eventually the City will become so impacted that no project can be approved. Each Commissioner must decide what factors must be "given up and/or traded," or perceived as the most important when reviewing a project. She was supportive of more people walking rather than driving vehicles as opposed to widening City streets and/or corridors. She commended the public for coming forward and expressing their views on the project. Planning Director Stump advised that the applicants are interested in an action on the project tonight. He addressed the comment on whether there was sufficient factual evidence to support an action. He commented that the photomontages did not depict the 8-foot monument sign proposed for the project included landscaping inconsistent with the proposed Landscape Plan, and the visual graphic did not depict the subsequent lighting relevant to the early morning hours. He did not feel that relying on the photomontages for factual evidence would be wise because of these problems. He commented on the factual evidence in relation to inconsistencies with the Bicycle and Pedestrian Master Plan. The discussion in the Findings contained within the staff report and the public testimony, relative to the people who walk and drive on Gobbi, Main, South State, and other streets support the Finding of project inconsistency. He addressed the criticism received by the applicant's representative relative to staff's initial response to the project, noting the project was originally applied for in May 2000, whereby a pre-applicant meeting was conducted with the Petaluma DHL Design Group in March of this year. A letter was sent to the DHL Group three months before Safeway applied for the Use Permit outlining staff's concerns and opposition to the project. Staff has remained consistent with its position in opposition to the project, and therefore, staff takes exception to the comment that the applicants were not made aware of staff's position on the project. He recommended the Planning Commission deny the project, as outlined in the staff report. Commissioner Loewenstein disagreed with Commissioner Wallen about approving the Danco project and denying the Safeway project when both would have traffic impacts. There was a compelling public rationale for approving the Danco project, noting there is a need for affordable housing in this community. Planning and environmental law in California provides that allowances can be made, providing that public benefit can outweigh significant adverse environmental impacts. There was compelling benefit with regard to the Danco project, noting, in his opinion, there is not compelling benefit in the Safeway project. Therefore, it was consistent to approve the Danco project and to deny the Safeway project, and the decision should not be considered contradictory. He stated, if he were confident that the Ukiah City Council would uphold the Planning Commission's decision to deny the project, he would not have concerns about certifying the Mitigated Negative Declaration. He recommended that additional environmental analysis be completed, and that a focused Ell:{ should be the Planning Commission's decision. He expressed concern that the applicant could win the case on appeal to the City Council. Thus, the Planning Commission would have approved a project with inadequate analysis of environmental impacts. MINUTES OF THE PLANNING COMMISSION Page 18 3 "- / 4-' May 8, 2002 A Motion was made by Commissioner Correll to approve the Negative Declaration for the Safeway Fueling Station Use Permit 00-29, and the motion failed for lack of a second. A Motion was made by Commissioner Loewenstein to deny the Negative Declaration for the Safeway Fueling Station Use Permit 00-29 and to require a focused Environmental Impact Report dealing with traffic impacts, including cumulative impacts with the Danco project, visual impacts including a more complete and accurate visual analysis, lighting and glare impacts, pedestrian, bicycle, and traffic safety issues both on and off site, and noise and air quality impacts. He was amendable to revising and/or shortening the aforementioned list in order to complete the motion. The motion failed for lack of a second. ON A MOTION by Commissioner Loewenstein, seconded by Acting Chairman Pruden, it was carried by the following roll call vote of the Commissioners present to require a focused Environmental Impact Report, focused exclusively on traffic impacts, including cumulative traffic impacts with the Danco project, as well as visual impacts. AYES: NOES: ABSTAIN: ABSENT: Commissioners Loewenstein, Commissioner Correll, Acting Chairman Pruden Commissioner Wallen Chairman Chiles The Motion failed. ON A MOTION by Acting Chairman Pruden, seconded by Commissioner Correll, it was carried by the following roll call vote of the Commissioners present to approve the Negative Declaration for the Safeway Fueling Station Use Permit 00-29. AYES: NOES: ABSTAIN: ABSENT: Commissioner Correll, Acting Chairman Pruden Commissioners Loewenstein, Wallen Chairman Chiles The Motion failed due to a tie vote. Commissioner Wallen would accept a focused EIR on the traffic issue. He did not view the visual impact as a problem. ON A MOTION by Commissioner Wallen, seconded by Commissioner Loewenstein, it was carried by the following roll call vote of the Commissioners present to require the preparation of a focused EIR on the traffic impacts. AYES: Commissioners Loewenstein, Wallen, Pruden Commissioner Correll NOES' ABSTAIN: ABSENT: and Acting Chairman Chairman Chiles Planning Director Stump advised that if the Commission was to require the preparation of a focused EIR, the Commission is not ready to take action on the Use Permit. He stated the Commission has made a statement to the public that additional information is required in MINUTES OF THE PLANNING COMMISSION Page 10 May 8, 2002 which to evaluate the project, and, therefore, the Commission is not prepared to take a final action on the merits of the project. Commissioner Loewenstein inquired whether the aforementioned action taken by the Commission can be appealed to the Ukiah City Council. Mr. Stump replied affirmatively. Acting Chairman Pruden recommended another motion be made to approve reconsideration of the vote to require a focused EIR on the traffic impacts. Commissioner Wallen favored allowing the motion to stand, as he supported the concept of requiring a focused EIP, on the traffic impacts. ON A MOTION by Commissioner Correll, seconded by Acting Chairman Pruden, it was carried by the following roll call vote to approve reconsideration of the vote to require a focused EIR on the traffic impacts. AYES: Commissioner Correll, NOES: Commissioners Loewenstein, Wallen ABSTAIN: ABSENT: Chairman Chiles Acting Chairman Pruden did not cast her vote on this motion. The following discussion resulted: Commissioner Correll was confident that the Ukiah City Council would uphold the decisions made by the Planning Commission on the proposed project. Acting Chairman Pruden stated the reason she called for reconsideration of the vote was because she had made an assumption on her vote that if the Commission required the preparation of a focused EIR that the Commission could proceed with voting on the Use Permit, which was not the case. She was in favor of making a decision on the Use Permit tonight. Commissioner Loewenstein commented that Acting Chairman Pruden's action requiring the preparation of a focused EIR was an indication that her vote was inadvertently obtained under false pretenses, and, therefore, she was entitled to reconsider her vote. Acting Chairman Pruden did not have the Roberts Rules of Order available to assist with the correct voting procedures, and she asked to have her vote "recast," regarding the last motion requiring the preparation of a focused EIR. Commissioner Correll stated if Acting Chairman cast a no vote, there would have been a tie, whereby the Commission would have sustained the requirement for a focused EIR. Commissioner Loewenstein favored the above-referenced protocol, provided it was procedurally acceptable, as it would enable the Commission to remain on record as favoring a focused EIR. It would also enable the process to move forward. MINUTES OF THE PLANNING COMMISSION Page 20 3 "/~ May 8, 2002 Acting Chairman Pruden supported the above-referenced recommendation to reconsider her vote on the requirement of a focused EIR. Acting Chairman Pruden changed her vote to require the preparation of a focused EIR to YES, noting the motion was tied and, therefore, failed. Acting Chairman Pruden stated a motion is required to move forward because a motion has not been placed on the floor. Mr. Stump stated currently there was a motion that passed to require the preparation of a focused EIR, and a motion failed to reconsider the motion on the preparation of a focused EIR. Commissioner Loewenstein clarified that Acting Chairman Pruden's intent was to change her vote on the motion to require the preparation of a focused EIR. Commissioner Correll stated the above-referenced action would negate the motion, due to a tie. Therefore, the Commission would be able to start over with a new motion. ON A MOTION by Commissioner Correll, seconded by Commissioner Loewenstein, it was carried by the following roll call vote of the Commissioners present to approve the Negative Declaration for the Safeway Fueling Station Use Permit 00-29. AYES: Pruden NOES: ABSTAIN: ABSENT: Commissioners Loewenstein, Correll, and Acting Chairman Commissioner Wallen Chairman Chiles It was noted the Commissioner's preference would have been to require the preparation of a focused Ell=, and vote on the Use Permit, but this was not possible. The last motion allowed the Commission to take action on the Use Permit. ON A MOTION by Commissioner Correll, seconded by Commissioner Loewenstein, it was carried by the following roll call vote of the Commissioners present to deny the Safeway Fueling Station Use Permit 00-29 based on Findings 1-13, listed in the staff report. AYES: NOES: ABSTAIN: ABSENT: 8C. Commissions Loewenstein, Wallen, Correll, and Acting Chairman Pruden Chairman Chiles Major Use Permit No. 02-05, to allo/W/~he establishment and operation of an assistance center for homeless persgrfs located at 200 Ford Street (APN 002-093- 13). The Phase I development _w~al~d include the construction of two buildings with 64 beds, and administrative/office, a common room and shower facilities for occupants, and an access rg~dway and sidewalk for ingress and egress from Brush Street. Located at 200 F/eld Street (Assessor Parcel Number 002-093-13 and 19); zoned C-2 (Heavy Con~ercial). MINUTES OF THE PLANNING COMMISSION Page ?. 1 3-'/7 May 8, 2002 ~.,~VE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFET~ 463-6242/6274 · lAX # 707/463-6204 · EMAIL: ukiahctyC~jps.net · March 27, 2000 Mr. Robert Picard, Project Manager RHL Design Group, Inc. 1137 North McDowell Blvd. Petaluma, CA 94954-1110 RE: Safeway Store / Gasoline Service Station - 653 South State Street, Ukiah, CA Dear Mr. Picard: Thank you for meeting with Ukiah City staff last Friday to discuss the above referenced project. It's always reassuring when a property owner or his/her agent meet with us early in the design process to confirm development standards, identify potential development constraints, and discover any City policy issues that may affect the project. This correspondence is intended to reiterate a number of issues that we feel have a significant affect on the proposal, and that may be very difficult to overcome. First, when the new Safeway store project was approved, the Planning Commission granted a significant parking space exception because the site is situated in close proximity to residential neighborhoods and bicycle paths, and the proposal included bus turn-outs and pedestrian walkways. Empirical observations reveal that at times, the existing parking facility is nearly full with vehicles. The loss of a significant number of parking spaces to construct a gasoline fueling station on the site would seriously conflict with the parking plan approved for the new Safeway store project, and could result in an unacceptable level of congestion on the site. Second, as I indicated in the meeting, the City is attempting to create an east-west bicycle/pedestrian corridor along Gobbi Street from Dora Avenue to Riverside Park. It is our initial impression that an auto dominated use at the northeast corner of State and Gobbi Streets could seriously impact this important City planning program, and could adversely contribute to an already congested intersection. Third, the new Safeway store represents one of a few recently constructed buildings in the City that have become "prototypes" or "models" for future commercial development. The City Planning Commission, staff, and the Safeway team worked very hard to produce a development along this important City gateway that makes a pleasing aesthetic statement to residents and visitors. We are pleased with the abundant landscaping and open feeling of the site, and are very concerned that constructing a gasoline fueling station on the southwest corner of the property would adversely affect the aesthetic quality of the development and the surrounding area. "',,'(/(, Are Here To Serve" Finally, while we acknowledge that we have not seen a preliminary site plan or elevation drawings, the concept of a gasoline fueling station on this important gateway property could conflict with a number of important goals and policies contained in the Community Design Element of the Ukiah General Plan. Our conclusion is that any proposal to construct a gasoline fueling station on the Safeway store property at 653 South State Street would encounter formidable, and perhaps insurmountable issues. It is unlikely that such a proposal would receive staff support, and based upon the Planning Commission review process that occurred for the new store, I would anticipate that the Planning Commission would not favor the project. If you have any questions, or would like to discuss this potential project further, please contact me directly at (707) 463-621~. CC~ Rosemary Heckman, Safeway - Area Real Estate Manager Safeway, Inc 5918 Stoneridge Mall Road Pleasanton, CA 94588-3229 .~.~,~-~. E.,UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · EM~IL: ukialncty~}jps.net · August 3, 2000 Mr. Robert Picard, Project Manager RHL Design Group, Inc. 1137 North McDowell Blvd. Petaluma, CA 94954-1110 RE: Safeway Store / Gasoline Service Station - 653 South State Street, Ukiah, CA Dear Mr. Picard: Thank you for your attendance at our Project Review Committee meeting yesterday. The discussion was productive and comprehensive, and I hope you received the type of information you need to advise your clients about the issues associated with this project. As I indicated in the meeting, we continue to be concerned about a number of conflicts and inconsistencies with the goals and policies of the Ukiah General Plan and other important planning documents. This correspondence is intended to provide an overview of these conflicts, as well as to reiterate some thoughts about other planning issues associated with the project. Ukiah General Plan 1. Vision Statement: "Aesthetics in Planning" The Vision statement contained in the General Plan directs commercial development to "complement rather than compromise the natural beauty of the valley." It also states that Ukiah citizens envision the "aesthetic enhancement of commercial development..." VVhen the old Safeway store was demolished, and the new store developed to the north, it opened up a cluttered and uninteresting intersection along a main gateway corridor into the City. VVhen approaching the intersection of Main and Gobbi Streets from the east, the new viewshed looking across the beautifully landscaped Safeway site and up to the western hillside has provided a tremendously positive gateway statement for the City. This opened-up view of the natural hillside helps the new Safeway store development to compliment, rather than compromise the natural beauty of the valley, and is widely regarded as an aesthetic enhancement to this commercial area of the City. The proposed project would fill in approximately 6000 square feet of this newly opened-up area with a 111-foot long canopy 21-feet above the ground, six fueling pumps, a 267 square foot building, lights, cars, etc. It is our conclusion that this increased urban intensity would clutter and visually Are Here To Serve" congest this important gateway into our City, and therefore would not complement the natural beauty of the valley or surrounding hillside area. Moreover, we have concluded that because of this increased urban intensity and visual congestion, the proposed project would adversely impact the aesthetically qualities of the existing Safeway development and adjacent commercial area, 2. Community Design Element Goals CD - 3, CD - 7, and CD - 9 CD -3: "Provide an aesthetically pleasing urbanscape." CD -7: "Improve the appearance of area gateways." CD -9: "Improve the appearance of Downtown Ukiah." For all the above reasons, we are able to conclude that the proposed project is inconsistent with these important General Plan goals. 3. Community Design Policies CD - 2.2, CD - 9.2, and 9.3 CD - 2.2: "Ensure that developments relate harmoniously with each other within districts." CD - 9.2: "Ensure compatibility of new development in the downtown area." CD - 9.3: "Ensure Downtown design that will enhance the character of the area." Similarly, we are able to conclude that the proposed project is inconsistent with these important General Plan policies. Ukiah Bicycle and Pedestrian Master Plan The Ukiah Bicycle and Pedestrian Master Plan was adopted by the City Council in February of 1999. One of the important programs contained in the Plan is to create a safe and attractive bicycle/pedestrian corridor along Gobbi Street from Yokayo Elementary School to Riverside Park. While it is a challenging endeavor along this important Gateway, we have made progress in the past several months. We recently received a $40,000 grant to fill in gaps of missing bicycle lanes along this stretch of Gobbi Street, and we are actively pursuing additional funding for other improvements. We are concerned that the proposed "auto-related" project would add additional vehicles and automobile activity to this corridor, and conflict with our goals for creating a safe and attractive bicycle/pedestrian corridor. Goal number 1 of the Ukiah Bicycle and Pedestrian Master Plan is to "make the City's circulation system safer for all pedestrians and bicyclists..." We are concerned that the propOsed project would do just the opposite, and directly conflict with this Goal. Goal number 3 of the Plan is to maintain a high quality of life in terms of the City's pedestrian and Bicycle environment. Policy 1-3 supporting this Goal calls for the creation of a "streetscape and path system that is not only physically adequate, but aesthetically pleasing and inviting to pedestrians and bicyclists alike." We are concerned that the proposed project and the associated congestion would directly conflict with our current efforts to create a pleasing and inviting bicycle and pedestrian environment along Gobbi Street. These are examples of some of the conflicts we have found between the proposed project and our General Plan and Bicycle and Pedestrian Master Plan. We are also reviewing the Ukiah Downtown Revitalization Master Plan to determine if the proposed project is consistent with its goals and policies. Other Planning Issues As we discussed in yesterday's meeting, it is our observation that the Safeway store site has unique development constraints. It is situated along two of City's busiest intersections, is located along two important gateways as defined in our General Plan, and is adjacent to a newly emerging bicycle and pedestrian corridor. We struggled with these constraints during the planning and development of the new Safeway store, and with Safeway's hard work, outstanding cooperation, and commitment to the City, we were able to create an excellent development on a very difficult site. In our minds, adding an automobile dominated land use to this "built-out" site significantly compromises the success we achieved, and would result in a development that our community may no longer be proud of. In addition, we are concerned with the reduction of parking that would result from the proposed project. Safeway's original proposal for the new store included more parking spaces than required by the Ukiah Municipal Code at the time. The Planning Commission required the number of spaces to be reduced to the minimum required by the Code, acknowledging that the site was centrally located and included bus turnouts. Safeway reluctantly agreed, and accepted the reduction in the number of spaces. We find it curious that Safeway is now proposing to further reduce the store's on-site parking, particularly when our observations reveal that the lot is routinely three-quarters full, and at times near capacity. We are concerned that the proposed reduction in parking stalls would result in the overflow of parking along adjacent streets and in nearby businesses, and cause customer and general public dissatisfaction. Conclusions Our eady review of the proposed fueling station has revealed inconsistencies with the Goals and Policies of the Ukiah General Plan and other important policy documents. Additionally, we have been able to conclude that the proposed project would significantly compromise and adversely impact the site planning and design of the new Safeway store development that we are all proud of. These conclusions are very significant, and we are not confident that at the staff level, we can recommend approval of the project. If Safeway wants to proceed with the processing and review of this project, we will immediately prepare an Initial Study of potential environmental impacts to determine what type of environmental document must be used to comply with the requirements of the California Environmental Quality Act (CEQA). Once the required CEQA document is completed, we will schedule the project for consideration by the City Planning Commission. If you have any questions, or. would like to discuss the project, please feel free to contact me directly at (707) 463-6219. / S' y, // / F'l,I/a'nn,ng and Community Development/ U-"/ CC: Nancy Voves, Store Designer Safeway, Inc 5918 Stoneridge Mall Road Pleasanton, CA 94588-3229 AGENDA ITEM NO: 9a MEETING DATE: March 5, 2003 SUMMARY REPORT SUB3ECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR THE RUSSTAN RIVER WATERSHED ASSOCIATION The Council has discussed participation in the Russian River Watershed Association several times in the past year. The association is fashioned after the North Bay Watershed Association, which was formed several years ago by cities and water districts in the Bay Area. The purpose of this original association was to help local and regional public agencies work cooperatively on water resource issues that impacted areas beyond traditional boundaries and to promote stewardship of the watershed. Agencies discuss issues of common interest, explore ways to work cooperatively on water resources and projects of regional concern, and share information about projects, regulations, and technical issues, (Continued on page 2) RECOMMENDED ACTION: Discuss and approve Memorandum of Understanding regarding creation of and participation in the Russian River Watershed Association, and approval for designation as fiscal agent. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that approval of Memorandum of Understanding is not appropriate at this time and provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A 1. e Finalized Memorandum of Understanding and Executive Summary Redlined Memorandum of Understanding 2002-2003 budget for North Bay Watershed Association Approved: ~~,.,---. Candace Horsley, Ci~Manager 4:CAN/ASR. RRWA.30503 The goals of the Association are: Z) Bring together cities and local agencies to work cooperatively and effectively on issues of common interest. 2) Be proactive on watershed-based regulation, which increasingly affects areas beyond traditional political boundaries. 3) Work cooperatively to increase eligibility for watershed based funding. 4) Maximize effective use of resources. 5) Enhance the Association's influence on local, state and federal policies and programs. 6) Educate communities about the importance of watershed stewardship. Included for your information is the Executive Summary of the Russian River Watershed meeting of .]uly 11, 2002. The first paragraph mentions that participation in the Association will provide local government agencies an opportunity to work cooperatively with other agencies in the Russian River Watershed on issues of common interest such as total maximum daily load regulations, Endangered Species Act compliance, habitat restoration, water reuse, national pollution discharge elimination system permits and studies, pollution prevention, source-water protection, public education, and other required activities. Other benefits that we will see locally are contact and the availability of professional and expert staff in the area of water management. In addition, we will be able to save money by working together on joint projects, rather than the City of Ukiah attempting to perform required studies and projects as required by the State and Federal governments. We also will participate in requesting funding from State and Federal agencies, and have been told that when large groups such as this association form, there is a much higher likelihood of receiving the grant funds for much needed projects. The City of Ukiah has also been asked to be the fiscal agent for the Association, the duties being as outlined on page 4, Section 11, under Administrative Agency. Though we do not currently have the staff to perform these duties, the MOU designates funding for the City to hire consultants to perform these duties. In addition, we were successful in eliminating the electric utility revenues from consideration as part of the City's budget in terms of any share of cost proposals and programs. A copy of the finalized Memorandum of Understanding and a redlined version delineating the most recent changes is attached for your review. Costs associated with being a board member or an agency member will include a $5,000 start-up implementation fee. The annual budget beyond the first year will consist of overhead and programs of general benefit to all member agencies by dividing half of the cost equally among member agencies, and the other half allocated in proportion to each member agency's operating budget. Programs that are of specific benefit to one or more member agencies would be paid for by those agencies in proportion to the benefit they receive. Annual dues in excess of these proportional costs may be assessed upon approval of the board. Attached is a copy of the North Bay Watershed Association's most recent annual budget, which will further clarify how the costs are divided and allocated. Staff is requesting Council's approval of the Memorandum of Understanding creating the Russian River Watershed Association and approval for the City of Ukiah to be the fiscal agent for the Association. This document will also be going to the Board of Supervisors and to the Inland Water and Power Commission for their approval, as they are two other agencies within Mendocino County that have expressed interested in joining this association. Revised 2-12-03 MEMORANDUM OF UNDERSTANDING CREATING THE RUSSIAN RIVER WATERSHED ASSOCIATION This Memorandum of Understanding (MOU) is made and entered into by and between the parties that are signatories to this MOU, listed in Exhibit A attached hereto and incorporated by reference pursuant to the provisions of Government Code Section 6500, et seq. Section A. Recitals: 1. Each of the parties to this MOU is a local government entity functioning within the watershed of the Russian River. 2. The parties desire to establish a watershed association in order to facilitate partnerships across political boundaries that promote the ecological vitality of the Russian River watershed. 3. It is to the parties' mutual advantage and benefit to develop and implement cooperative restoration and protection efforts throughout the watershed and promote a regional alliance that supplements local government programs. 4. The parties hereto plan to develop joint proposals for funding and to obtain public support for local, state, federal, and other funding opportunities for programs that implement the mission and goals of the Association. 5. The parties hereto recognize the value of using common resources effectively. 6. The parties hereto desire to be proactive on watershed-based regulatory issues which affect areas beyond traditional political boundaries. 7. The parties hereto desire to educate the communities in the Russian River watershed about the importance of watershed stewardship. 8. The parties hereto wish to coordinate on local, state and federal policies and programs. 9. The parties hereto find that promoting the stewardship of the Russian River watershed resources is in the public interest and for the common benefit of all within the Russian River watershed. 10. The parties recognize that there are current and future regulatory requirements which apply to water resources in the Russian River watershed affecting one or more of said parties, and that these multiple regulatory requirements may be Russian River Watershed Association Revised 2-12-03 conflicting whenever one party's response to a regulatory requirement affects other requirements and/or parties. The parties agree to share information and coordinate efforts to comply with said regulatory requirements. Section B. General Provisions: 1. Definitions. As used in this MOU, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise. (a) "MOU" shall mean this memorandum of understanding. (b) "Association" shall mean the Russian River Watershed Association. (c) "Board of Directors" shall mean the board composed of representatives from the parties to this MOU. (d) "Party" or"Parties" shall mean the local and/or regional public agencies regulated under the Porter Cologne Water Quality Control Act, Water Code 513020 et seq., the Clean Water Act, 33 U.S.C. § 1251 et seq., the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and/or the state Safe Drinking Water Act, Health & Safety Code § 116275 et seq., that operate within or have jurisdiction over any area within the boundaries of the watershed of the Russian River, and that are signatories to this MOU. (e) "Watershed" shall mean the entire Russian River watershed. A map depicting the boundaries of the watershed is attached hereto and incorporated herein as Exhibit B. (f) "Administrative Agency" shall mean that Party to this MOU authorized pursuant to Paragraph B. 11 to enter into contracts and perform other administrative functions on behalf of the Parties to this MOU. 2. Purpose. This MOU is being entered into in order to carry out the mission, goals and objectives stated herein and as stated in the mission and goals attached hereto and incorporated herein as Exhibit C. 3. Subsidiaries as Parties. Agencies that are a subsidiary of another Party or that share the same governing body as another Party may be a Party if they meet the requirements for participation and pay the full costs of participation. 4. Advisory Committees. One or more Advisory Committees to the Association may be established by the Board of Directors to be composed of any associations, organizations, private groups, owners and managers of land within the watershed and other interested persons or entities who reside or work within the watershed and who are supportive of the purposes of this Association and of any State and federal agencies with regulatory authority over or an interest in the watershed. The Russian River Watershed Association Revised 2-12-03 Board of Directors shall approve the size and make up of any Advisory Committee and shall set the length of terms of members and appoint persons to the Committee. 5. Membership of the Board of Directors. The governing body of the Association shall be a Board of Directors consisting of a representative from each Party. The governing board of each Party shall appoint one representative and one alternate representative. 6. Voting Requirements. (a) Each member of the Board of Directors shall have one vote. With the exception of the items set forth in subsections (b) and (c) below and as otherwise specified herein, if a quorum is present, the affirmative vote of the majority of members of the Board of Directors present is required to approve any item. In addition to conducting the regular business of the Association, the Board of Directors shall authorize all contracts and amendments thereto entered into by the Administrative Agency on behalf of the Parties to the MOU, prior to Administrative Agency entering into such contracts and amendments and shall authorize acceptance of work under any such contract prior to the Administrative Agency accepting such work on behalf of the Parties to the MOU, except that the Board of Directors may, by majority vote of a quorum, authorize the Administrative Agency to enter into, modify or accept work under any contract in an amount not to exceed $10,000. (b) A two-thirds majority vote of a quorum of the Board of Directors shall be required to adopt or modify the budget and to authorize the Administrative Agency to enter into, modify or accept work under any contract in excess of $10,000. (c) Approval of the governing bodies of four-fifths of the Parties shall be required to modify this MOU. 7. Quorum. A majority of the members of the Board of Directors shall constitute a quorum for purposes of transacting business, except less than a quorum may vote to adjourn a meeting. 8. Terms of Office. Each member of the Board of Directors shall serve at the pleasure of his or her appointing body and may be removed as a member of the Board of Directors by the appointing body at any time. If at any time a vacancy occurs on the Board of Directors, a replacement shall be appointed by the Party to fill the unexpired term of the previous representative within ninety (90) days of the date that such position becomes vacant. 9. Alternates. Alternate representatives to the Association shall be empowered to cast votes in the absence of the regular member of the Board of Directors or, in the event of a conflict of interest preventing the regular member of the Board of Directors from voting, to vote because of such a conflict of interest. Russian River Watershed Association Revised 2-12-03 10. Officers of the Association. The Board of Directors of the Association shall elect a Chair, a Vice-Chair and such other officers from the Board of Directors, as the Board of Directors deems appropriate. In electing a Chair and Vice-Chair, the Board of Directors shall encourage the election of individuals who are elected officials of the Parties. Such officers shall serve for a term of one (1) year unless sooner terminated at the pleasure of the Board of Directors. The duties of the Chair and Vice-Chair are as follows: (a) Chair. The Chair shall represent the Board of Directors and, subject to the approval of the Board of Directors, oversee and carry out the affairs of the Association and the activities of the officers of the Board of Directors, the staff, and consultants. The Chair shall perform all duties incident to the office and such other duties as may be required to carry out this MOU or which may be prescribed from time to time by the Board of Directors. (b) Vice-Chair. The Vice-Chair shall serve as the Chair in the absence of the regularly-elected Chair. In the event both the Chair and Vice-Chair are absent from a meeting which would otherwise constitute a quorum and a temporary Chair was not designated by the Chair at the last regular meeting, any Board member may call the meeting to order, and a temporary chair may be elected by majority vote to serve until the Chair or Vice-Chair is present. 11. Administrative Agency. The Parties hereby designate The City of Ukiah to act as the Administrative Agency for the purpose of carrying out the provisions of this MOU. Pursuant to the provisions of Government Code Section 6509, the authority delegated herein to the Administrative Agency shall be subject to the restrictions upon the manner of exercising power applicable to the Administrative Agency, including but not limited to the purchasing ordinances and purchasing procedures of the Administrative Agency. The Administrative Agency, on behalf of the Association, shall: (a) provide for notice of and agendas for all meetings of the Association in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or with any successor provision; (b) through its staff or through any staff, executive director, or consultants authorized pursuant to Paragraph B. 14, award and administer such contracts as may be authorized by the Board of Directors; (c) through its controller and treasurer act as the financial officer or functional equivalent and be the depositor and have custody of all money of the Association from whatever source. The Administrative Agency shall draw warrants to pay demands for expenditures authorized by the Board of Directors or by its authorized representative pursuant to any delegation of authority authorized by the Board of Directors. The Administrative Agency shall cause an independent annual audit of the Association's finances to be made by a certified public accountant; (d) determine charges to be made against the Association for its services. Payment of these charges by the Administrative Agency, on behalf of the Association, shall be subject to the approval of the Board of Directors; Russian River Watershed Association Revised 2-12-03 (e) complete the tasks identified in Paragraphs B. 15, B. 16, B. 17 and B. 21 if the Board of Directors has not designated another Party or person to complete the tasks. The Administrative Agency may resign its position as Administrative Agency, upon 120 days written notice to all Parties to the MOU and shall transfer all funds held on behalf of the Association to any designated successor Administrative Agency. The Board may designate a successor Administrative Agency by majority vote. Should no other Party be designated to act as Administrative Agency, the Administrative Agency shall distribute all property held on behalf of the Association pursuant to Paragraph B. 24 of this MOU. 12. Clerk and Legal Counsel. The Board of Directors of the Association may appoint a clerk and legal counsel, as it deems appropriate. The clerk and/or legal counsel may be appointed from the staff of one of the Parties, with the consent of the governing body of the Party. If the clerk and/or legal counsel is appointed from the staff of one of the Parties, the governing body of that Party may determine charges to be made against the Association for the services of the clerk and/or legal counsel. Payment of these charges by the Administrative Agency, on behalf of the Association, shall be subject to the approval of the Board of Directors. The clerk and/or legal counsel may also be retained by the Administrative Agency pursuant to Paragraph B. 14. 13. Executive Director. The Board of Directors of the Association may appoint an Executive Director who shall be responsible to the Board of Directors for the proper and efficient administration of the Association as directed by the Board of Directors pursuant to the provisions of this MOU or of any resolution or order of the Board of Directors. The Executive Director may be appointed from the staff of one of the Parties or the Executive Director may be retained by the Administrative Agency pursuant to Paragraph B. 14. The Executive Director may be authorized to: (a) carry out action and direction from the Board of Directors as necessary; (b) under the policy direction of the Board of Directors, plan, organize and supervise Association activities; (c) authorize the Administrative Agency to pay expenditures within the designations and limitations of the budget approved by the Association; and (d) make recommendations to and requests of the Board of Directors concerning any matter which is to be performed, done or carried out by the Board of Directors. 14. Staff and Consultants. The Administrative Agency may, pursuant to Paragraph B. 11 and subject to prior approval by the Board of Directors, employ or contract for any staff, including an Executive Director, or consultants as may be reasonably necessary to carry out the purposes of this MOU. If an employee from any Party performs staff or consulting work for the Association, the governing body of that Party may determine charges to be made against the Association for the services of that employee. Payment of these charges by the Administrative Agency, on behalf of the Association, shall be subject to the approval of the Board of Directors. Russian River Watershed Association Revised 2-12-03 15. Annual Work Plan. Within ninety days after the first meeting of the Board of Directors, and each year by January 1, the Association shall prepare an annual work plan describing the work to be done by the Association in the ensuing fiscal year. The work plan shall segregate all work of the Association into two categories: overhead and programs. Work falling into the category of programs will be further segregated into sub-categories: programs of general benefit to all Parties and programs of specific benefit to one or more Parties. For each program, the work plan will set forth information including the following: (a) the purpose of the program; (b) the method by which the program will be carried out; (c) the products to be produced by the program; (d) the schedule for carrying out the program; (e) the responsibility for carrying out the program; and (f) the budgetfor the program. The work plan will be prepared in three parts. Part A shall consist of the information on overhead. Part B shall consist of the information on programs of general benefit to all Parties. Part C shall contain the information on the programs of specific benefit to one or more Parties. The work plan shall become effective when approved by a two-thirds majority vote of a quorum of the Board of Directors. 16. Annual Budget. Within ninety days after the first meeting of the Board of Directors of the Association, and thereafter by March 31st, prior to the commencement of each fiscal year (defined as July 1 through June 30), the Board of Directors shall adopt a budget for the ensuing fiscal year. The budget shall include, but not be limited to, the following parts, with funding sources identified: Part A of the budget shall set forth the cost of overhead and the allocation of overhead cost among Parties; Part B of the budget shall set forth the cost of programs of general benefit and the allocation of costs of such programs among Parties; Part C of the budget shall set forth the cost of programs of specific benefit to one or more Parties and the allocation of costs among participating Parties. The budget shall become effective when approved by a two-thirds majority vote of a quorum of the Board of Directors. 17. Allocation of Costs. (a) Costs for work described in Parts A and B of the annual work plan shall be allocated equally among each of the Parties as follows: (i) One half of these costs shall be allocated equally among each of the Parties; (ii) One half of these costs shall be allocated among Parties in proportion to each Party's annual operating budget as defined by the Board of Directors and excluding amounts devoted to municipal electric utility operations. The operating budget for counties shall be prorated based on the percentage of the area of each county located within the Russian River watershed. (b) Costs for work described in Part C of the annual work plan shall be allocated among those Parties participating in the programs in direct proportion to Russian River Watershed Association Revised 2-12-03 the benefits received by each Party in a manner established by the Board of Directors at the time each program of specific benefit is approved or revised. 18. Dues and Allocated Costs. The Board of Directors shall have the authority to assess initial dues for Parties not to exceed $5,000. The Board of Directors shall also have the authority to assess each Party for costs set out in the annual budget, adopted pursuant to Section 16, and consistent with the allocation of costs, adopted pursuant to Section 17. Parties who join part way through a fiscal year will be assessed dues, not to exceed $5,000, for their Part A and Part B allocation of costs. For their Part C allocation, for projects of specific benefit to the Party, in which the Party elects to participate, the Party will be assessed on a case-by-case basis. 19. Termination of Participation. (a) Causes. The participation and rights of Parties shall terminate on the occurrence of any of the following causes: (1) the voluntary resignation of a Party with notice as prescribed by Section 19(b) below; (2) the nonpayment of dues or assessments subject to the limitations set forth in Section 19(c) below; or (3) the occurrence of an event which renders an entity no longer eligible for to be a Party, as determined by the Board of Directors. (b) Resignation by Giving Notice. The participation of any Party of the Association shall automatically terminate on such Party's written request for termination delivered to the Administrative Agency and Chair of the Board of Directors. Such notice shall be given at least sixty (60) days before the effective date of such resignation. There shall be no refund of any dues or assessments upon such resignation except that any paid dues or assessments approved by the Board of Directors after March 31st of the preceding fiscal year for the ensuing fiscal year shall be refunded to the Party upon resignation. (c) Nonpayment of Dues or Allocated Costs. Any Party, which fails to pay its dues or allocated costs when due and within one hundred and twenty (120) days thereafter shall terminate its participation at the end of such one hundred and twenty (120) day period. Termination is effective upon the majority vote of the Board of Directors. Such Party shall be given fifteen (15) day's prior written notice of the termination stating the reasons therefore. The notice shall be given personally to such Party or sent by first-class mail to the last address of such Party as shown on the records of the Association. (d) Effect of Termination. All rights of a Party in the Association shall cease on the termination of such Party's participation. Termination shall not relieve the Party from any obligation for charges incurred or service or benefits actually rendered before the date of termination. 20. Procedures. The Board of Directors may adopt bylaws, rules of conduct of meetings, and operating procedures. The administrative procedures and policies of a Party may be adopted by the Association. 21. Reports to Parties. Each year the Executive Director or another person designated by the Board of Directors, shall submit a written report to the governing Russian River Watershed Association Revised 2-12-03 body of each of the Parties. This report shall describe the technical and financial activities of the Association during the preceding year. 22. Offices. The location for the principal office of the Association shall be the principal office of the Administrative Agency. 23. Termination. This MOU shall remain in effect until terminated by a two- thirds majority vote of a quorum of the Board of Directors or until the Administrative Agency has given notice of resignation pursuant to Paragraph B. 11 and no other Party has been designated to act as Administrative Agency. 24. Disposition of Property and Surplus Funds. At the termination of this MOU, any and all property, funds, assets, and interests therein held by the Administrative Agency on behalf of the Association shall become the property of and be distributed to the Parties. Money collected from Parties and held in reserve by the Administrative Agency on behalf of the Association for payment of costs of programs shall be allocated among Parties in proportion to each Party's contributions to such reserves. All other property, funds, assets, and interests shall be distributed by the Administrative Agency to the Parties in proportion to each Party's contributions to the Association for costs set forth in the annual budgets. 25. Minutes. The clerk appointed by the Board of Directors of the Association or, the Administrative Agency if no clerk is appointed, shall cause to be kept minutes of all meetings of the Board of Directors, and shall cause a copy of the minutes to be forwarded to each Party. 26. Effective Date. This MOU shall become effective when at least three agencies have authorized its execution provided that at least one of the three agencies is the Administrative Agency. 27. Notice. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments shall be delivered or mailed addressed to each Party at the address shown on Exhibit A and when so addressed shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this Paragraph B. 27. Russian River Watershed Association Memorandum of Understanding Creating The Russian River Watershed Association Exhibit A [Signature Page] Party. Name Address C~ty Party. Name Address City Party, Name Address City Party Name Address City Party Name Address City Party. Name Address City Party Name Address City Party Name Address City Exhibit B Russian River Watershed Legend River Lake Watershed · City Road Classification Limited Access Higwhay ,Highway Local Roads Ramps County ~ MENDOCINO ~ SONOMA 2.5 5 N Miles 10 15 2O Memorandum of Understanding Creating The Russian River Watershed Association Exhibit C Mission Statement Facilitate partnerships across political boundaries that promote stewardship of the Russian River watershed resources. Goals & Objectives Goal #1: Bring together counties, cities and local agencies to work cooperatively and effectively on issues of common interest. Objectives: 1. Promote the development and implementation of cooperative restoration and protection efforts throughout the watershed. 2. Promote a regional alliance that supplements local government programs. Goal #2: Be proactive on watershed-based regulation, which increasingly affects areas beyond traditional political boundaries. Objectives: 1. Increase the knowledge and experience base of local agencies in responding to regulatory actions. 2. Develop a unified voice for the Russian River cities and public agencies pertinent to existing regulations. 3. Monitor legislation and take positions on behalf of the Russian River cities and public agencies. Goal#3: Work cooperatively to increase eligibility for watershed based funding. Objectives: 1. Develop joint proposals for funding. 2. Leverage the strength of public support for local, state, federal, and other funding. 3. Support programs that implement the mission & goals of the Russian River cities and public agencies Goal#4: Maximize effective use of resources. Objectives: 1. Efficiently share expenses by leveraging limited funding on coordinated efforts. 2. Efficiently share information and increase communication among participants. 3. Undertake a cooperative education program. Goal#5: Enhance the Association's influence on local, state, and federal policies and programs. Objectives: 1. Speak with a unified voice representing interests of the Russian River area. 2. Develop liaisons and communicate effectively with key officials. Goal#6: Educate communities about the importance of watershed stewardship. Objectives: 1. Increase education on the importance of habitat restoration and protection and implementation of sustainability concepts. 2. Conduct outreach that attracts volunteers to cooperative programs. 3. Increase public awareness on the values of holistic planning. 4. Serve as an informational clearinghouse - repository of information to provide collective presentation of ecosystem stewardship values. Public Agency Association for the Russian River Watershed July 11, 2002 EXECUTIVE SUMMARY The Sonoma County Water Agency is asking cities, towns and special districts in the Russian River watershed to consider participating in development of an association of regulated public agencies with jurisdiction in the Russian River watershed. The proposed association is needed to address a trend in state and federal agencies toward a watershed approach to regulatory requirements. Participation in the association would provide local government agencies an opportunity to work cooperatively with other agencies in the Russian River watershed on issues of common interest such as Total Maximum Daily Load regulations (TMDLs), Endangered Species Act compliance (ESA), habitat restoration, water reuse, National Pollutant Discharge Elimination System (NPDES) permits and studies, pollution prevention, source water protection, public education and other required activities. The association would allow local governments to: · Work cooperatively and effectively with other agencies on watershed based regulations and issues. · Explore coordinated efforts on projects in order to leverage limited funding and resources; decreasing costs and increasing the impact of projects. · Maximize success in securing state and federal grant funding for new watershed programs. · Efficiently share information about projects, regulations, and technical issues. The association of public agencies in the Russian River watershed would supplement existing local government programs, allow local governments to respond to regulatory requirements collectively at reduced cost, increase eligibility for grant funding and provide a stronger voice to speak for regional priorities with federal and state agencies and legislative bodies. In order to form this association and develop and proceed with programs to be addressed by the association, mayors, council members and city managers are asked to consider the following actions: 1) Schedule an appointment to discuss formation of this association with your board or council as an informational item, 2) Invite a staff member and council member to be key contacts for developing the association and authorize these individuals to start meeting regularly to discuss formation of the association, 3) Review the draft Memorandum of Understanding (MOU) for the association, obtain legal review if necessary, and provide input on any proposed revisions to the document, and, 4) Take steps to secure approval from your Council or Board to sign the MOU, become members of the association and appoint your board member and alternate board member to the association board of directors. The Watershed Approach Regulatory agencies that set requirements for local governments are increasingly focusing on managing watersheds, which are generally defined as the area draining to individual surface water bodies such as rivers, creeks and lakes. The U. S. Environmental Protection Agency (EPA) has established guidance for National Pollutant Discharge Elimination System (NPDES) permitting based on a watershed approach. In addition, the anticipated reauthorization of the Clean Water Act (CWA) may require use of a watershed approach. The State of California's Water Resources Control Board (SWRCB) and the nine Regional Water Quality Control Boards (RWQCB) have developed a Watershed Management Initiative (WMI) to achieve the goal of geographically targeted permitting. Water resource management decisions are best made on a watershed basis that takes into consideration a variety of environmental, political, institutional, social, technical, economic, and public positions related to proposed regulatory actions, as well as the related needs for water and land resource uses in watersheds. Focusing management decisions on an entire watershed balances efforts to control pollution and protect drinking water sources and sensitive natural resources. A watershed focus also helps identify cost-effective pollution control strategies to meet clean water goals. Benefits of Participating in the Watershed Process Responding to and complying with watershed-based regulations can be done more effectively and more efficiently under an organizational structure that spans the watershed. Though no one local governmental body has jurisdiction over the entire Russian River watershed, an association of governmental organizations in the watershed could 1) improve communication between member agencies and regulatory entities, 2) reduce the time and expense required to comply with regulations through cost sharing, and, 3) provide a united effort in addressing watershed issues with regulatory agencies and legislative bodies. Local government agencies would benefit financially from participation in the association by sharing the cost incurred to comply with regulations, and avoiding or reducing the duplicative overhead cost of developing and implementing separate programs in each city, town or agency. Cost savings could include reduced expenses for baseline studies and the ability to reduce staff and consultant costs by drawing on the expertise of staff from participating agencies. An additional benefit would accrue from the increased eligibility for watershed-based funding that may be available to the association. Individual cities and agencies will find it increasingly difficult to compete for grant funding without a regional framework that supports grant applications based on watershed priorities. Both state and federal funding sources favor watershed based groups and projects when making funding decisions. Potential sources of funding include the Clean Water Action Plan, the California Coastal Salmon Recovery Program, Water Resources Development Act Section 503, Clean Water Act programs, Safe Drinking Water Act programs, and funds made available by statewide water and parks bond initiatives. Many of these programs provide a portion of the total project cost and require local agencies to generate additional funding from operating budgets or other sources. Association members can pool resources to provide these required matching funds for grant applications. Issues Affectinq Local Governments Within the Watershed Activities of local government agencies, regardless the charge of the agency, are regulated under many of the same regulations and statutes (see Table 1). A few examples of issues within the Russian River watershed that affect agencies participating in the proposed association include: Total Maximum Daily Loads (TMDLs): The RWQCB designates beneficial uses for the protection of surface and ground water quality based on historic water use. Beneficial uses of water resources include drinking and irrigation water supplies, habitat, recreation, transportation, and aesthetics. Water bodies with pollutant levels high enough to negatively impact a beneficial use are designated as "impaired water bodies" with respect to those particular pollutants. Section 303(d) of the CWA requires California to develop a list of impaired surface water bodies throughout the state and to submit the list to EPA for approval. It further requires that TMDLs be developed for each of these water bodies to control and limit the discharge of the listed pollutant. Placement of a water body on the 303(d) list acts as the trigger for developing a pollution control plan, called a TMDL. The Russian River was listed as impaired under section 303(d) for sediment in 1998. Currently proposed 303(d) listings for streams in the Russian River watershed include pathogens, temperature, nutrients and dissolved oxygen. NPDES Permit Issues: National Pollutant Discharge Elimination System permits are required for storm water discharge under EPA rules. New Phase II permit requirements expand the requirements of the current program to smaller communities than did the Phase I program. Operators of Phase II regulated facilities are required to apply for NPDES permit coverage by March 10, 2003 and are required to implement storm water pollution prevention plans (SWPPPs) or storm water management programs (both using best management practices (BMPs)) that effectively reduce or prevent the discharge of pollutants into receiving waters. Endangered Species Act Compliance: Three salmonid species found in the Russian River and tributaries are listed as threatened under the federal Endangered Species Act. State and federal agencies are currently working with local agencies to develop a recovery plan for these species and a federal-local consultation under Section 7 of the ESA is also in progress. The agencies expect to complete a biological assessment in the spring of 2003 to be followed by a biological opinion which is expected to be issued by the National Marine Fisheries Service in September of 2003. The federal biological opinion and the requirements of the species recovery plans may require important changes in utility and storm water operations and other activities of local cities and agencies. Water Reuse: The disposal and use of treated wastewater is an issue that affects nearly all communities within the Russian River watershed. Wastewater treatment facilities are restricted by seasonal discharge requirements and by restrictions on the allowable uses for recycled water. At the same time, tightening standards under the California Toxics Rule and other regulatory programs are making it increasingly desirable for sanitation agencies to eliminate surface water discharges. Progress in water reuse is to some extent dependent on the ability of public agencies to develop cooperative programs to link sources of recycled water with cost effective projects that use recycled water to offset potable use or reduce extraction of water from natural streams or limited groundwater basins. The North Bay Watershed Association as an Example The North Bay Watershed Association (NBWA) was organized in July of 2000 for purposes similar to those described for the proposed Russian River association. Fifteen public agencies are currently members of NBWA including the City of Petaluma, the City of Sonoma, the County of Sonoma and the Sonoma County Water Agency along with other agencies and local governments in Marin and Napa counties. The NBWA Board of Directors meets monthly and manages a fiscal year 2001-02 budget of about $339,000 with about $268,000 devoted to specific projects including regional water recycling, mercury source identification and control plans, coordination of non-point source NPDES efforts, stream erosion prevention and sediment control demonstration projects and other specific benefit projects. Overhead costs for fiscal year 2001-02 were 12.5%. Costs for NBWA projects that benefit all members are allocated to member agencies such that one half of the cost is divided equally among member agencies and one half is allocated to member agencies in proportion to the member agency's annual operating budget. Costs for special benefit projects are allocated to member agencies in proportion to the benefit received by each agency as determined by the NBWA Board of Directors. NBWA has set fixed dues for the first year of participation and for new members who join part way through a fiscal year at $5,000. Next Steps Staff are asking those considering participation in the proposed association of public agencies in the Russian River watershed to take the following actions: 1. Schedule an appointment to discuss formation of this association with your board or council as an informational item. 2. Invite a staff member and council member to be key contacts for developing the association. Authorize these individuals to start meeting regularly to discuss formation of the association. 3. Review the draft Memorandum of Understanding (MOU) for the association, obtain legal review if necessary, and give us your input on any proposed revisions to the document. 4. Take steps to secure approval from your Council or Board to sign the MOU, become members of the association and appoint your board member and alternate board member to the association board of directors. DRAFT Revised 2-12-03 MEMORANDUM OF UNDERSTANDING CREATING THE RUSSIAN RIVER WATERSHED ASSOCIATION This Memorandum of Understanding (MOU) is made and entered into by and between the parties that are signatories to this MOU, listed in Exhibit A attached hereto and incorporated by reference pursuant to the provisions of Government Code Section 6500, et seq. Section A. Recitals: 1. Each of the parties to this MOU is a local government entity functioning within the watershed of the Russian River. 2. The parties desire to establish a watershed association in order to facilitate partnerships across political boundaries that promote the ecological vitality of the Russian River watershed. 3. It is to the parties' mutual advantage and benefit to develop and implement cooperative restoration and protection efforts throughout the watershed and promote a regional alliance that supplements local government programs. 4. The parties hereto plan to develop joint proposals for funding and to obtain public support for local, state, federal, and other funding opportunities for programs that implement the mission and goals of the Association. 5. The parties hereto recognize the value of using common resources effectively. 6. The parties hereto desire to be proactive on watershed-based regulatory issues which affect areas beyond traditional political boundaries. 7. The parties hereto desire to educate the communities in the Russian River watershed about the importance of watershed stewardship. 8. The parties hereto wish to coordinate on local, state and federal policies and programs. 9. The parties hereto find that promoting the stewardship of the Russian River watershed resources is in the public interest and for the common benefit of all within the Russian River watershed. 10. The parties recognize that there are current and future regulatory requirements which apply to water resources in the Russian River watershed affecting one or more of said parties, and that these multiple regulatory requirements may be Russian River Watershed Association DRAFT Revised 2-12-03 conflicting whenever one party's response to a regulatory requirement affects other requirements and/or parties. The parties agree to share information and coordinate efforts to comply with said regulatory requirements. Section B. General Provisions: 1. Definitions. As used in this MOU, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise. (a) "MOU" shall mean this memorandum of understanding. (b) "Association" shall mean the Russian River Watershed Association. (c) "Board of Directors" shall mean the board composed of representatives from the parties to this MOU. (d) "Party" or "Parties" shall mean the local and/or regional public agencies regulated under the Porter Coloqne Water Quality Control Act, Water Code 513020 et seq., the Clean Water Act, 33 U.S.C. § 1251 et seq., the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and/or the state Safe Drinking Water Act, Health & Safety Code § 116275 et seq., that operate within or have jurisdiction over any area within the boundaries of the watershed of the Russian River, and that are signatories to this MOU. (e) "Watershed" shall mean the entire Russian River watershed. A map depicting the boundaries of the watershed is attached hereto and incorporated herein as Exhibit B. (f) "Administrative Agency" shall mean that Party to this MOU authorized pursuant to Paragraph ,B. 11 to enter into contracts and perform other administrative functions on behalf of the Parties to this MOU. 2. Purpose. This MOU is being entered into in order to carry out the mission, goals and objectives stated herein and as stated in the mission and goals attached hereto and incorporated herein as Exhibit C. 3. Subsidiaries as Parties. Agencies that are a subsidiary of another Party or that share the same governing body as another Party may be a Party if they meet the requirements for membersh~participation and pay the full costs of m~z~m h,", rc, h i n ' ' .............. ~,part[c~pat[on. 4. Advisory Committees. One or more Advisory Committees to the Association may be established by the Board of Directors to be composed of any associations, organizations, private groups, owners and managers of land within the Wwatershed and other interested persons or entities who reside or work within the Wwatershed and who are supportive of the purposes of this Association and of any Russian River Watershed Association DRAFT Revised 2-12-03 State and federal agencies with regulatory authority over or an interest in the Wwatershed. The Board of Directors shall approve the size and make up of any Advisory Committee and shall set the length of terms of members and appoint persons to the Committee. 5. Membership of the Board of Directors. The governing body of the Association shall be a Board of Directors consisting of a representative from each Party. The governing board of each Party ~shall appoint one representative and one alternate representative. 6. Voting Requirements. (a) Each member of the Board of Directors shall have one vote. With the exception of the items set forth in subsections (b) and (c) below and as otherwise specified herein, if a quorum is present, the affirmative vote of the majority of members of the Board of Directors present is required to approve any item. In addition to conducting the regular business of the Association, the Board of Directors shall authorize all contracts and amendments thereto entered into by the Administrative Agency on behalf of the Parties to the MOU, prior to Administrative Agency entering into such contracts and amendments and shall authorize acceptance of work under any such contract prior to the Administrative Agency accepting such work on behalf of the Parties to the MOU, except that the Board of Directors may, by majority vote of a quorum, authorize the Administrative Agency to enter into, modify or accept work under any contract in an amount not to exceed $10,000. (b) A two-thirds majority vote of a quorum of the Board of Directors shall be required to adopt or modify the budget and to authorize the Administrative Agency to enter into, modify or accept work under any contract in excess of $10,000. (c) A,,,.~j..,,,~-.o~,.~*,, ,,~,*'-....,.. Approval of the governing bodies of four-fifths of the Party-agen<;ies shall be required to modify this MOU. 7. Quorum. A majority of the members of the Board of Directors shall constitute a quorum for purposes of transacting business, except less than a quorum may vote to adjourn a meeting. 8. Terms of Office. Each member of the Board of Directors shall serve at the pleasure of his or her appointing body and may be removed as a member of the Board of Directors by the appointing body at any time. If at any time a vacancy occurs on the Board of Directors, a replacement shall be appointed by the- Party agecm~to fill the unexpired term of the previous representative within ninety (90) days of the date that such position becomes vacant. 9. Alternates. Alternate representatives to the Association shall be empowered to cast votes in the absence of the regular member of the Board of Russian River Watershed Association DRAFT Revised 2-12-03 Directors or, in the event of a conflict of interest preventing the regular member of the Board of Directors from voting, to vote because of such a conflict of interest. 10. Officers of the Association. The Board of Directors of the Association shall elect a Chair, a Vice-Chair and such other officers from the Board of Directors, as the Board of Directors deems appropriate. In electing a Chair and Vice-Chair, the Board of Directors shall encourage the election of individuals who are elected officials of the Partyies-ag~. Such officers shall serve for a term of one (1) year unless sooner terminated at the pleasure of the Board of Directors. The duties of the Chair and Vice- Chair are as follows: (a) Chair. The Chair shall represent the Board of Directors and, subject to the approval of the Board of Directors, oversee and carry out the affairs of the Association and the activities of the officers of the Board of Directors, the staff, and consultants. The Chair shall perform all duties incident to the office and such other duties as may be required to carry out this MOU or which may be prescribed from time to time by the Board of Directors. (b) Vice-Chair. The Vice-Chair shall serve as the Chair in the absence of the regularly-elected Chair. In the event both the Chair and Vice-Chair are absent from a meeting which would otherwise constitute a quorum and a temporary Chair was not designated by the Chair at the last regular meeting, any Board member may call the meeting to order, and a temporary chair may be elected by majority vote to serve until the Chair or Vice-Chair is present. 11. Administrative Agency. The Parties hereby designate The City of Ukiah ~nsect-name~ to act as the Administrative Agency for the purpose of carrying out the provisions of this MOU. Pursuant to the provisions of Government Code Section 6509, the authority delegated herein to the Administrative Agency shall be subject to the restrictions upon the manner of exercising power applicable to the Administrative Agency, including but not limited to the purchasing ordinances and purchasing procedures of the Administrative Agency. The Administrative Agency, on behalf of the Association, shall: (a) provide for notice of and agendas for all meetings of the Association in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or with any successor provision; (b) through its staff or through any staff, executive director, or consultants authorized pursuant to Paraqraph B. 14, award and administer such contracts as may be authorized by the Board of Directors; (c) through its controller and treasurer act as the financial officer or functional equivalent and be the depositor and have custody of all money of the Association from whatever source. The Administrative Agency shall draw warrants to pay demands for expenditures authorized by the Board of Directors or by its authorized representative pursuant to any delegation of authority authorized by the Board of Directors. The Administrative Agency shall cause an independent annual audit of the Association's finances to be made by a certified public accountant; Russian River Watershed Association DRAFT Revised 2-12-03 (d) determine charges to be made against the Association for its services. Payment of these charges by the Administrative Agency, on behalf of the Association, shall be subject to the approval of the Board of Directors; (e) complete the tasks identified in Paragraphs B. 15, B. 16, B. 17 and B. 21 if the Board of Directors has not designated another Party or person to complete the tasks. The Administrative Agency may resign its position as Administrative Agency, upon 120 days written notice to all Parties to the MOU and shall transfer all funds held on behalf of the Association to any designated successor Administrative Agency. The Board may designate a successor Administrative Agency by majority vote. Should no other Party be designated to act as Administrative Agency, the Administrative Agency shall distribute all property held on behalf of the Association pursuant to Pparagraph B~ 24 of this MOU. 12. Clerk and Legal Counsel. The Board of Directors of the Association may appoint a clerk and legal counsel, as it deems appropriate. The clerk and/or legal counsel may be appointed from the staff of one of the Parties, with the consent of the governing body of the Party. If the clerk and/or legal counsel is appointed from the staff of one of the Parties, the governing body of that Party may determine charges to be made against the Association for the services of the clerk and/or legal counsel. Payment of these charges by the Administrative Agency, on behalf of the Association, shall be subject to the approval of the Board of Directors. The clerk and/or legal counsel may also be retained by the Administrative Agency pursuant to Paragraph B. 14. 13. Executive Director. The Board of Directors of the Association may appoint an Executive Director who shall be responsible to the Board of Directors for the proper and efficient administration of the Association as directed by the Board of Directors pursuant to the provisions of this MOU or of any resolution or order of the Board of Directors. The Executive Director may be appointed from the staff of one of the Par~i'''~'~'''''~''-'~ ................ ~'~e~'~'~'~ or ,,,;~~~ ~"-"'~'~"~"~ body of t~ , ,~,~ 7'".' ' ."~ ............... ~.~,,,I,,~ ~,,~ ~,,m,~ ~ ~,l~ ,,~ ....... ~,m~,~ ,,~,,~], on~,lm,, ~,,~ , ~,,m,, ~ e: ,hight t~ th~ ~nnr~,,~l nf th~ ~n~[~ Of ni~t~Tthe Executive Director ~ may be retained by the Administrative Agency pursuant to Paragraph B. 14. Th,-, IZv,',r,, ,fk~-', Plir,',,-,fr~r e,',r~,'-e of fh~ ~^~ill r~f fh,', ~,-,ord ,-,f I'~irzz~r',fr~r~ ...... ~ ~,.,,.,/ s neti6eqfqqeef-oh~~ from +h,-, I%..;U~.IL *~11 I%=~ WI I~.~g~.,ff~..~ ~.V I ~,~ll,~ I I ~1 1%..~ [k.~ll I~l~.~l I. In o'~'~*~,-.~ *'-. o~"' .,~h.~ ,~,,,~-.~ ~hot r~,, h-. ~o~,~ d tThe Executive Director shatl U%.,4UlLI~,I~fl i t,%.,/ Ul I.~ 'fk../LI I~...fl UU~.I~.,I,~; Ik.l lUt. IilU~Ir I,~'%,l~ U~.;~,.;I~I I%.; , h~,,~ t~e fol[o'~'~g a ........ ~ authorized to: (a) ~car~ out action and direction from the Board of Directors as necessa~; (b) under the policy direction of the Board of Directors, ~plan, organize and supe~ise Association activities; (c) ~authorize the Administrative Agency to pay expenditures within the designations and limitations of the budget approved by the Association; and Russian River Watershed Association DRAFT Revised 2-12-03 (d) re-make recommendations to and requests of the Board of Directors concerning any matter which is to be performed, done or carried out by the Board of Directors. 14. Staff and Consultants. The Administrative Agency may, pursuant to Paragraph B. 11 and subject to prior approval by the Board of Directors, employ or contract for any staff, including an Executive Director, or consultants as may be reasonably necessary to carry out the purposes of this MOU. If an employee from any Party performs staff or consulting work for the Association, the governing body of that Party may determine charges to be made against the Association for the services of that employee. Payment of these charges by the Administrative Agency, on behalf of the Association, shall be subject to the approval of the Board of Directors. 15. Annual Work Plan. Within ninety days after the first meeting of the Board of Directors, and each year by January 1, the Association shall prepare an annual work plan describing the work to be done by the Association in the ensuing fiscal year. The work plan shall segregate all work of the Association into two categories: overhead and programs. Work falling into the category of programs will be further segregated into sub-categories: programs of general benefit to all Parties and programs of specific benefit to one or more Parties. For each program, the work plan will set forth information including the following: (a) the purpose of the program; (b) the method by which the program will be carried out; (c) the products to be produced by the program; (d) the schedule for carrying out the program; (e) the responsibility for carrying out the program; and (f) the budget for the program. The work plan will be prepared in three parts. Part A shall consist of the information on overhead. Part B shall consist of the information on programs of general benefit to all Parties. Part C shall contain the information on the programs of specific benefit to one or more Parties. The work plan shall become effective when approved by a two-thirds maiority vote of a quorum of the Board of Directors. 16. Annual Budget. Within ninety days after the first meeting of the Board of Directors of the Association, and thereafter by March 31st, prior to the commencement of each fiscal year (defined as July 1 through June 30), the Board of Directors shall adopt a budget for con~idera~iemand-apt~wal~heJkssec-iatien-for the ensuing fiscal year. The budget shall include, but not be limited to, the following parts, with funding sources identified: Part A of the budget shall set forth the cost of overhead and the allocation of overhead cost among Parties; Part B of the budget shall set forth the cost of programs of general benefit and the allocation of costs of such programs among Parties; Part C of the budget shall set forth the cost of programs of specific benefit to one or more agecmiesParties and the allocation of costs among participating Parties~. The budqet shall become effective when approved by a two-thirds majority vote of a quorum of the Board of Directors. Russian River Watershed Association 6 DRAFT Revised 2-12-03 17. Allocation of Costs. (a) Costs for work described in Parts A and B of the annual work plan shall be allocated equally among each of the-Parties as follows: (i) One half of these costs shall be allocated equally among each of the Parties; (ii) One half of these costs shall be allocated among- Parties in proportion to each ~Partv's annual operating budget as defined by the Board of Directors and excluding amounts devoted to municipal electric utility operations. The operating budget for counties shall be prorated based on the percentage of the area of each county located within the Russian River Wwatershed. (b) Costs for work described in Part C of the annual work plan shall be allocated among those -Parties participating in the programs in direct proportion to the benefits received by each Party in a manner established by the Board of Directors at the time each program of specific benefit is approved or revised. 18. Dues and Allocated Costs. The Board of Directors shall have the authority to assess initial dues for mem, b~Partiess-not to exceed $5,000. The Board of Directors shall also have the authority to assess each -Party for costs set out in the annual budget, adopted pursuant to Section 16, and consistent with the allocation of costs, adopted pursuant to Section 17. Parties who join part way through a fiscal year will be assessed dues, not to exceed $5,000, for their Part A and Part B allocation of costs. For their Part C allocation, for projects of specific benefit to the Party, in which the Party elects to participate, the Party will be assessed on a case-by-case basis. 19. Termination of MembershipParticipation. (a) Causes. The membershipparticipation and rights of membecshipParties shall terminate on the occurrence of any of the following causes: (1) the voluntary resignation of a Party with notice as prescribed by Section 19(b) below; (2) the nonpayment of dues or assessments subject to the limitations set forth in Section 19(c) below; or (3) the occurrence of an event which renders an entity no longer eligible for to be a Partymembership, as determined by the Board of Directors. (b) Resignation by Giving Notice. The mem~participation of any Party of the Association shall automatically terminate on such Party's written request for termination delivered to the Administrative Agency and Chair of the Board of Directors. Such notice shall be given at least sixty (60) days before the effective date of such resignation. There shall be no refund of any dues or assessments upon such resignation~ except that any paid dues or assessments approved by the Board of Directors after March 31st of the precedinq fiscal year for the ensuinq fiscal year shall be refunded to the Party upon resiqnation. (c) Nonpayment of Dues or Allocated Costs. Any Party, which fails to pay its dues or allocated costs when due and within one hundred and twenty (120) days thereafter shall terminate its n~mqbemhipparticipation at the end of such one hundred and twenty (120) day period. Termination is effective upon the majority Russian River Watershed Association DRAFT Revised 2-12-03 vote of the Board of Directors. Such Party shall be given fifteen (15) day's prior written notice of the termination stating the reasons therefore. The notice shall be given personally to such Party or sent by first-class mail to the last address of such Party as shown on the records of the Association. (d) Effect of Termination. All rights of a Party in the Association shall cease on the termination of such Party's membershipparticipation. Termination shall not relieve the Party from any obligation for charges incurred or service or benefits actually rendered before the date of termination. 20. Procedures. The Board of Directors may adopt bylaws, rules of conduct of meetings, and operating procedures. The administrative procedures and policies of a Party may be adopted by the Association. 21. Reports to Parties. Each year the Executive Director or another person designated by the Board of Directors, shall submit a written report to the governing body of each of the Partyagermies. This report shall describe the technical and financial activities of the Association during the preceding year. 22. Offices. The location for the principal office of the Association shall be the principal office of the Administrative Agency. 23. Termination. This MOU shall remain in effect until terminated by a two- thirds majority vote of a quorum of the Board of Directors or until the Administrative Agency has given notice of resignation pursuant to Paragraph B. 11 and no other Party has been designated to act as Administrative Agency. 24. Disposition of Property and Surplus Funds. At the termination of this MOU, any and all property, funds, assets, and interests therein held by the Administrative Agency on behalf of the Association shall become the property of and be distributed to the Party-agecmies. Money collected from Party-agencies and held in reserve by the Administrative Agency on behalf of the Association for payment of costs of programs shall be allocated among Party-Agencies in proportion to each Party'sagecmy~ contributions to such reserves. All other property, funds, assets, and interests shall be distributed by the Administrative Agency to the Party-agermies in proportion to each agencw~Party's contributions to the Association for costs set forth in the annual budgets. 25. Minutes. The clerk appointed by the Board of Directors of the Association or, the Administrative Agency if no clerk is appointed, shall cause to be kept minutes of all meetings of the Board of Directors, and shall cause a copy of the minutes to be forwarded to each Party. 26. Effective Date. This MOU shall become effective when at least three agencies have authorized its execution_provided that at least one of the three aqencies is the Administrative Agency. 27. Notice. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments shall be delivered or Russian River Watershed Association DRAFT Revised 2-12-03 mailed addressed to each p_P_Party at the address shown on Exhibit A and when so I addressed shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this Paragraph B. 27. I Russian River Watershed Association HM~/FlomJ C~mm · o g o° I .~ 8 8 r oo g '8 o i I I Item No: lOa - Date: March 5, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING THE CURRENT STATUS OF THE ELECTRIC UTILITY The purpose of this agenda item is to familiarize the City Council with the current status of the electric utility. Staff will attend the meeting for presentation. The City of Ukiah Electric Utility owns portions of various generation sources and works with a number of California agencies to ensure that electric demand is met through both generation and transmission. This presentation will outline the economic impact of current generation and transmission and the challenges the City faces to ensure the electric customers' needs are met in the future. RECOMMENDED ACTION: Receive Report ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Darryl Barnes, Director of Public Utilities Prepared by: Cindy Sauers, Electrical Distribution Engineer Coordinated with: Candace Horsley, City Manager Attachment:l) Presentation Items Candace Horsley, City I~nager ~e - eoueleB A§~eu3 · · · · · ~~ ~ o o o~. o~ · · · · · · · · o~o · · · · · 0 0 ~o I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) >. lid ! ! ! ! I / ! ' ! [ I [ i Il I [ [ [ [ [ [ [ [ ~0~0~0~0~ o~ 0 0 0 0 0 0 (MIN) pueu~eo OLO;~ 600;~ 800;~ ZO0;~ 900;~ gO0~ CO0~ ~00~ 1.00;~ ~0 CO ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0~0 CO ~0 ~0 ~0 ~0 ~0 ~0~0 ~0 JO AGENDA 1TEM NO: lOb MEETING DATE: March 5, 2003 SUMMARY REPORT SUB3ECT: CONSIDERATION AND POSSIBLE ACTION REGARDING BALLOT MEASURES FOR THE NOVEMBER ELECTION As a result of the November 2002 election, Councilmember Eric Larson became Mayor and a Councilmember seat was thus vacant after the election. The Council appointed Marl Rodin to fill this seat, but during the process, there was extensive discussion by the Council and the public regarding the vacancy of Councilmember seats when the Councilmembers run for Mayor, taking away the voters' ability to fill the seat. Mary Lindley came to the City Council and requested that there be discussion regarding placing a measure on the ballot that would either have the Mayor's position rotated among the seated Councilmembers or be a four-year position, so that the frequency of having after-election vacant Council seats would be reduced. This item is being brought forward to the Council for discussion and possible direction to staff. Attached report are various documents relating to past Council discussions regarding this issue, including ballot measure wordage from previous elections. RECOMMENDED ACT~'ON: Discuss and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTTONS: Discuss and determine that no action is appropriate at this time. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager N/A 1. Agenda Summary Report, August 2, 2000 2. Agenda Summary Report, .lune 2, 1999 Approved: ~..~~L ' ~'Candace Cit~M Horsley, anager 4:CAN/ASR. mayorballotmeasure.30503 AGENDA SUMMARY ITEM NO. ].0c DATE: August 2, 2000 REPORT SUBJECT: DISCUSSION OF BALLOT MEASURES, BALLOT ARGUMENTS, AND ADOPTION OF RESOLUTION PRESENTING BALLOT MEASURES FOR APPOINTED CITY CLERK AND MAYOR, AND FOUR-YEAR MAYOR TERM, AND POSSIBLY TO INCREASE TRANSIENT OCCUPANCY TAX FROM 8% TO 10% IN THE CITY OF UKIAH The City Council considered various Measures for the November ballot at the July 19, 2000 City Council meeting. A resolution was adopted to include Ballot Measures for the City Clerk position being appointed rather than elected, for the Mayor's position to be appointed rather than elected, and for a choice of the Mayor's term remaining a two- year term or changing to a four-year term. In addition, there were several unanswered questions surrounding the Transient Occupancy Tax (TOT) discussion, which staff is now bringing back for the Council's review. Whether the issue is discussed or not, the Council will have this information available for future reference. The agenda item is prepared as follows: Discussion of election timelines and requirements, ballot measure verbiage and arguments; information regarding the TOT and possible effects on the City; and City Attorney response to questions asked at the previous Council meeting. (Continued on Page 2) RECOMMENDED ACTION: Discussion of Ballot Measures, Arguments, and Continued Discussion of Transient Occupancy Tax (TOT) and Adoption of Resolution Presenting Ballot Measures for Appointed City Clerk and Mayor, for Four Year Mayor Term and to Increase TOT From 8% to 10% in the City of Ukiah ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Request Changes to Arguments for the Measures before approving 2. Determine adoption of resolution presenting ballot measure to increase TOT is not appropriate at this time. Citizen Advised: N/A Requested by: N/A Prepared by: Candace Horsley, City Manager Coordinated with: David Rapport, City Attorney Marie UIvila, City Clerk Attachments: , 2. 3. 4. 5. Timeline Calendar of November Election Draft Arguments for Appointed City Clerk and Mayor Resolution for Adoption Resolution No. 2001-10, Adopted July 19, 2000 10-Day Notice, Published July 23, 2000 APPROVED:' ,.~-~::' ~,/~.~..~ .~ .... 4:Can:ASRTOT.800Canute ~0rsle~y,'~itt Manager Ii Discussion of Election Timelines and Requirements, Ballot Measure Verbiage and Arguments - The City Clerk has prepared the November 2000 General Municipal Election timeline calendar for Council review (Attachment 1). Contrary to the information given at the last Council meeting, the last date for Council to adopt a resolution approving Ballot Measures is the August 2, 2000 Council meeting. Once a resolution is adopted, a Notice is published allowing 10 days for filing of ballot arguments. The Council adopted the resolution authorizing the City Clerk and Mayor Ballot Measures at the July 19, 2000 Council meeting and the City Clerk published the 10-day Notice on July 23, 2000. Unfortunately, this allowed for the 10-day period for filing arguments to run before the Council's approval of the City's arguments at the August 2 meeting. Therefore, a new Notice will be published to allow for an additional 10- day period past the August 2 Council meeting. In addition, the resolution Council adopted approving the Ballot Measures stated that there was one proposition for the ballot instead of three., so the Council must approve a revised resolution (Attachment 4). This will also give the Council an opportunity to determine the preferred wording for the Ballot Measures. Suggested verbiage for the Ballot Measures for Council discussion include: · "Shall the office of the City Clerk be appointed rather than elected"? or "Shall the office of the City Clerk remain an elected position?" , "Shall the office of Mayor be appointed by the City Council from among the five elected City Councilmembers rather than elected"? or "Shall the office of the Mayor remain an elected position?" or "Shall the office of elective Mayor be eliminated and the Mayor be selected from among the five elected City Councilmembers by the City Council"? , "If the office of elective Mayor is not eliminated, should the current two- year term of office be increased to a four-year term of office"? or "If the office of elective Mayor remains an elected position should the current two-year term of office be increased to a four-year term of office"? or "Shall the office of Mayor be a four-year term"? or "Shall the current two-year term of office for the Mayor be increased to a four-year term of office"? Also, attached for Council's discussion and approval are draft arguments in favor of the Appointed City Clerk and Mayor Ballot Measures (Attachments 2 & 3). m Impartial Analyses of the Ballot Measures by the City Attorney are due to the County Elections Department by August 11,2000, with all arguments for/against the Ballot Measures to be submitted by August 15, 2000. Though the actual cost for each ballot measure will not be determined until the total number of Measures has been submitted to the County Clerk, the City will be charged by the number of pages submitted, including arguments for the Measures. Total City cost for the election in 1998 was $7,534, and the budgeted estimate for this year is $10,000. Information Regarding the TOT and Possible Effects on the City of Ukiah- The recently approved Fiscal Year 2000-01 Budget contains an estimate of $235,000 for TOT. However, two Site Development Permit applications for new motels have been submitted to the Planning Department. If they are approved by the Planning Commission and/or City Council, there will be an additional 127 rooms within the City limits. The following is an analysis of the current room base increasing from an 8% to 10% TOT and then the same calculation based on the additional 127 rooms. Current Motels Current + 2 New Motels TOT 8% $235,000 $467,578 TOT 10% $293,750 $584,473 Difference $ 58,750 $116,895' *Based on $116,895, by 2005, City will receive $584,473 additional revenue As seen by the table, under the assumption that the two new hotels will be approved, an additional $116,895 of revenue in the first year will be available for City programs. Council discussed several possibilities for the use of this money and if the desire is to allocate portions of the funding toward worthwhile projects there are many to be considered. As we discussed during our Long-Range Capital Improvement Program discussion, there are several classifications of projects for the City to consider; those that are mandated, recommended, or desirable. In reviewing Council discussions over the last several years of various projects or enterprises that it thinks are worthwhile, but that we do not have the ability to help fund, there are several that come to the forefront. One is completion of economic development and tourism brochures that will be kept up to date and contain information that is accurate and informative for both the business and tourism industries. There are a variety of outlets for increasing tourism and promoting the Ukiah area, which could individually be analyzed and presented to the Council for approval of funding. In addition, the Redevelopment Agency is considering the expansion of the Facade Improvement Program. The TOT funds 3 could be used to expand the program boundaries. Once the City's website is functioning, there are a variety of economic and tourism marketing tools that could be employed, including a motel guide with pictures of each motel and rooms, along with telephone numbers and references for each motel. This, of course, would require continual funding to monitor and modify any changes in the local motel industry. Other local projects that have been of interest and under discussion by the Council have included the skateboard park, the recreation center, and development of Riverside Park. Since visitors in the area will pay this additional TOT, any and all of these recreational activities would be of benefit to visitors spending time in our community. m City Attorney's Response to Several Questions Asked at the Previous Council Meeting - The City Attorney opines that increasing the TOT only requires a majority vote as long as the measure does not specify how the tax revenues must be used. If the tax measure specifies the use of the revenues it becomes a special tax and requires a 2/3 favorable vote to pass. These requirements are contained in Article 13 C section 2 (b) of the State Constitution that was enacted by Proposition 218. Summary Staff is requesting Council to: · . , Discuss desired verbiage for City Clerk and Mayor Ballot Measures Discuss desired verbiage for draft Arguments for the City Clerk and Mayor Ballot Measures Determine if TOT increase from 8% to 10% should be included on the ballot Adopt resolution presenting Ballot Measures and Arguments for the November 2000 ballot. CITY OF UKIAH CALENDAR FOR GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH MENDOClNO COUNTY ELECTION NOVEMBER 7, 2000 Posted City Clerk Office Hours: July 11, 2000 through August 11, 2000 Monday - Friday, 8 a.m. to 5 p.m. (Excluding recognized City holidays) Vacancies to be filled at this election: Mayor, 2-year term (Incumbent - Jim Mastin); 2 Councilmember positions, 4-year term (incumbents - Phillip Ashiku and Roy Smith), City Clerk, 4-year term (Incumbent- Marie Ulvila), City Treasurer, 4-year term (Incumbent- Allan Carter). June 26, 2000 Resolution requesting consoli~<~t!os~..?<,<Cler~ of Board, to be heard by August 11, 2000 ~i~ii~~i~~~~ July 3- 17 Publish Notice of Election (E-127 to E 113)~I~~~~:'"~'~"~"'"~'~'~'~"'~"'"'"~"~~=~ July 11, 2000 - Board of Supervisors agenda to approve consolidation July 17 - Aug. 11, (5:00 p.m.) Declaration of Candidacy & Nomination Papers: Filing period to file Nomination Papers. First and last days for a one-time publication of Notice of Election, and Agreement with County of Mendocino, per EC-113 - E-88 July 19, 2000 City Clerk submits Resolution approving Ballot Measures to the Mendocino County Clerk July 23, 2000 July 28, 2000 Publish an Amended Notice of Ballot Measures, giving 10 days notice to file arguments - Published on July 28, deadline would be Aug. 7 August 1, 2000 Last day for the public to file arguments with the City Clerk's office, as per notice published on July 23, 2000 (E-98) August 2, 2000 Last day for City Council to adopt Resolution approving Ballot Measures. City Clerk to forward Resolution to County Clerk's office August 4, 2000 Last day to Publish Notice of Ballot Measures, giving 10 days notice for filing arguments- Deadline would be August 14, 2000 August 11, 2000 *Ballot Measure proposals to County Elections Department (E-88) Impartial Analysis of Ballot Measure due from City Attorney to County Clerk *Suggested last day to file rebuttal arguments (E-88) Aug. 12- Aug. 16 5:00 p.m. *August 14, 2000 August 15, 2000 - August 17, 2000 - August 18, 2000 - Aug. 21-25 August 24, 2000 - Sept. 11 - Oct. 24 - October 9, 2000 - October24, 2000 - October 31, 2000 - November 6, 2000 - November 7, 2000 - Nov. 9- Dec. 5 - December 5, 2000 - Extended filing period for candidates other than the incumbent, per EC-87 - E-83 Should Council adopt a Resolution approving additional Ballot Measures at their meeting of August 2, 2000, a Public Notice of the Ballot Measures would be published on August 4, 2000, with the deadline to file arguments of August 14, 2000. Although the County Clerk's office prefers to have all Ballot arguments to them by August 11, 2000 so they can provide the printer with everything for the ballot, they are agreeable to accepting the City's arguments a few days late (August 15, 2000 in their office). City Clerk to submit to the County Clerk all arguments for/against the Ballot Measures Randomized alphabet drawing held at 11:00 a.m. determined by Secretary of State (E-82) Last day to file names and occupations of candidates (E-81) Ballot Order published Cancel Election -Insufficient Candidates (E-75) Filing period for Write-In Candidates (E-57 to E-14) Last day to register to vote (EC-29) Last day for write-in candidates to declare, per EC-14 Last day for Clerk to publish Notice of Nominees (E-7) Last day for Council to adopt Procedures to Resolve Tie Vote (E-l) ELECTION DAY First and Last day for Official Canvass by County election officials. (E+2) to E+28) Council to declare results of election (E+2 to 28) County Elections Official must certify results of election and submit it to the Board of Supervisors. The Board of Supervisors declares the winners for each office and the results of each measure under its jurisdiction. The County election official shall make and deliver to each person elected a certificate of election. Election:Calendar November 2000 - Council 7~25~00 Argument in Favor of Measure: Appointed City Clerk Please join us in making Ukiah city government more efficient. Two-thirds of all California cities now appoint their City Clerks. The central importance of the position makes it imperative that the position be filled by a professionally qualified person, rather than through the political election process. Whether elected or appointed, the Clerk is governed by the rules of the Government Code, with the City Attorney as chief advisor. It is imperative that the City Clerk maintains impartiality. The importance of accurate and unbiased reporting and record keeping of City policy and actions of the City Council requires that the Clerk act in an impartial manner. The City Clerk position should be filled from a pool of qualified candidates, using techniques that objectively compare qualifications and ability to perform the technical requirements of the job, such as the ability to understand and interpret codes, competency in record keeping, computer literacy, and administrative skills among others. Currently the only requirements to run for office are that the candidate is 18 years of age, a United States citizen, and a registered voter residing in the City of Ukiah. Under this ballot measure the City will hire the City Clerk, and may fire them if job performance is not satisfactory. Continuity is an essential element of the City Clerk's office. Appointment of the Clerk allows the Clerk to fully concentrate on his/her duties in an uninterrupted manner by eliminating the uncertainty and time involved in the election process. A City Clerk whose tenure is not limited by election can provide continuity and stability in conducting the business of the City. This continuity allows the Clerk to gain a historical perspective on City govemment, thus be better able to respond to the public's inquires and requests. Jim Mastin, Mayor, On behalf of the Ukiah City Council Election: Argument Clerk 072600 Argument in Favor of Measure: Appointed Mayor By determining to make the office of Mayor elective, the citizens of Ukiah actually reduced rather than increased their right to elect their City official. Since the elected Mayor serves for a two-year term, while the remaining four City Councilmembers serve for a four-year term, a Councilmember may need to vacate his/her Council seat with two years remaining when running for Mayor. In this instance, the Council appoints a citizen to fill the vacant seat due to the considerable cost of calling a special election, which takes the election of the public official out of the direct hands of the people. While not intended to do so, this situation has resulted in an increased number of City Council representatives being appointed rather than elected by the voters. When the Mayor's position is appointed from sitting City Councilmembers, the person has still been elected by the public, as a City Councilmember. The Mayor is primarily a ceremonial position who sits as the presiding officer of the City Council, represents the City during ceremonial occasions, and whose vote counts only as a fifth Councilmember. The Mayor is not the administrative head of City government and is not in charge of day-to-day management of the City. For these reasons, the City Council believes that making the office of Mayor appointive rather than elective will actually increase City residents' opportunities to directly elect City officials with no loss of voter control over their City government and reduce the number of political appointments. 4:Can:lmpAn.800 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PRESENTING BALLOT MEASURE MAKING THE CITY CLERK POSITION APPOINTIVE RATHER THAN ELECTIVE, THE OFFICE OF MAYOR APPOINTED FROM AMONG THE FIVE COUNCILMEMBERS RATHER THAN SEPARATELY ELECTED, THE MAYOR'S TERM FOUR YEARS RATHER THAN TWO, AND AMENDING UKIAH CITY CODE SECTION 1752 BY INCRESlNG THE HOTEL-MOTEL ROOM OCCUPANCY TAX FROM 8% TO 10% IN THE CITY OF UKIAH; TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS; AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES WHEREAS, 1. The City Council of the City of Ukiah adopted Resolution No. 2000-42 on May 3, 2000, setting the date for the General Municipal Election of the City of Ukiah to be held on the same day as the Statewide General Election of November 7, 2000; and 2. The City Council has determined to present ~ propositions, as set forth below, at the General Municipal Election; NOW, THEREFORE, BE IT RESOLVED that: 1. The following ballot propositions shall be presented to the voters at the general election: MEASURE Shall the office of City Clerk be appointive rather than elective? / /Yes / /No MEASURE Shall the office of Mayor be appointed by the City Council from among five elected City Council members rather than elected? / /Yes / /No Resolution No. 2001- Page 1of 2 MEASURE If the office of elective Mayor is not eliminated, should the current two-year term of office be increased to a four-year term of office? / /Yes / /No MEASURE Amends Ukiah City Code Section 1752 by increasing the Hotel-Motel Room Occupancy Tax from 8% to 10% in the City of Ukiah? / /Yes / /No 2. The City Clerk shall transmit a copy of the ballot measures set forth in paragraph 1 to the City Attorney for the preparation of an impartial analysis as required by Elections Code {}9280. 3. The City Council shall file ballot arguments in favor of the ballot measures set forth in Paragraph 1. If any argument is submitted in opposition to the measures, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections code Section 9285. PASSED AND ADOPTED this 2nd day August, 2000, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2001- Page 2of 2 RESOLUTION NO. 2001-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH PRESENTING BALLOT MEASURE TO MAKE THE CITY CLERK POSITION APPOINTIVE RATHER THAN ELECTIVE, MAKING THE OFFICE OF MAYOR APPOINTED FROM AMONG THE FIVE COUNCILMEMBERS, AND THAT MAYORS TERM BE FOUR YEARS, TRANSMITTING MEASURE TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS, AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENT IN FAVOR OF MEASURES WHEREAS, 1. The City Council of the City of Ukiah adopted Resolution No. 2000-42 on May 3, 2000, setting the date for the General Municipal Election of the City of Ukiah to be held on the same day as the Statewide General Election of November 7, 2000; and 2. The City Council has determined to present one proposition, to make the City Clerk position appointive rather than elective, at the General Municipal Election; NOW, THEREFORE, BE IT RESOLVED that: 1. The following ballot propositions shall be presented to the voters at the general election: MEASURE Shall the office of City Clerk be appointive rather than elective? / /Yes / /No MEASURE Shall the office of Mayor be appointed by the City Council from among five elected City Council members rather than elected? / /Yes / /No Resolution No. 2001- Page 1of 2 . . MEASURE If the office of elective Mayor is not eliminated, should the current two-year term of office be increased to a four-year term of office? / /Yes / /No The City Clerk shall transmit a copy of the ballot measures set forth in paragraph 1 to the City Attorney for the preparation of an impartial analysis as required by Elections Code §9280. The City Council shall file ballot arguments in favor of the ballot measures set forth in Paragraph 1, the City Council will prepare ballot arguments. If any argument is submitted in opposition to the measures, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections code Section 9285. PASSED AND ADOPTED this 19th day July, 2000, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin None None None ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2001- Page 2of 2 . PUBLIC NOTICE ;'~' ., ,, 513-OO ".'?"?-';".'. NOTICE FIXING TIME FOR SUBMISSION . -... .' .-::::;;;. 7..:"-?-.- · OF ARGUMENTS ON MEASURES ""- NOTICE' IS HEREBY GIVEN that August 1, 2000 is fixed, as" the final date on which arguments, not exceeding 300 words in length, for and against the following measures to appear upon' the ballot for the General Municipal Election to be held on November 7, 2000 in the City of Ukiah, may be submitted to the Ukiah. City Clerk, 300 Seminary Ave.. Ukiah, CA 95482. MEASURE - "SHALL THE OFFICE OF CITY CLERK BE APPOINTED· RATHER THAN .ELECTED?" ., MEASURE -"SHALL THE OFFICE OF MAYOR BE' APPOINTED BY THE CITY COUNCIL FROM AMONG FIVE ELECTED CITY COUNCIL MEMBERS RATHER THAN· ELECTED?" MEASURE - "IF THE OFFICE OF ELECTIVE MAYOR IS' NOT ELIMINATED, SHOULD THE CURRENT. TWO-YEAR TERM OF OFFICE BE INCREASED TO A FOUR-YEAR TERM OF OFFICE?" No more than five signatures shall appear with any argument . submitted under this article. In case any argument is signed by more than five perso~s~ the signatures, of thel first five shall~be --. 'printed. .· '. ..... '~ All arguments shall 5e a~:CdCriPa.nied bY 'a-f~rm statement, 'to-"- be signed by each author of the. argument, stating that such argument is true and..Correct' to the" best"of the author's' ''~ knowledge and belief. DATED: July 23, 2000. /.~/Marie Ulvila, City'Clerk. " ,. . · , . · . · . . . · . . . ,. .. · · .. · . ... · ,, . .: . ITEM NO. 9b DATE: June 2, 1999 AGENDA SUMMARY REPORT SUBJECT: COUNCIL CONSIDERATION OF POSSIBLE BALLOT MEASURES FOR THE NOVEMBER 1999 ELECTION At the May 19, 1999 City Council meeting, Council received a report from the City Clerk regarding a proposal to place a Ballot Measure before the voters at the November 1999 election to have the City Clerk's position be appointive. Council discussed the matter at the meeting and entertained the option of possibly including more than one measure on the ballot. Ballot measures discussed were: a) Having the City Clerk's position be appointive; b) Having the Mayor's term be 4 years; and c) Having each Council seat be numbered for election purposes. Council directed the City Clerk to provide a cost analysis for a Special Election with multiple ballot measures. On May 24, 1999 I had the opportunity to speak with Mendocino County Clerk Marsha Wharff regarding this matter. She found it difficult to estimate the cost of a Special Election for ballot measure(s) since various factors need to be considered, such as ballot printing costs, legal noticing, and if other entities will be participating in the election. Continued on Page 2 RECOMMENDED ACTION: 1 ) Discuss the issue of Ballot Measures for the November 1999 election; 2) Identify the Ballot Measure(s) to be included in the November 1999 election; 3) Approve Resolution Calling for a Special Election as Part of Any Other Election Occurring on November 2, 1999; and 4) Approve An Agreement Between the City of Ukiah and Mendocino County For Election Services. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine This Matter Is Not To Be Considered and Delete Item From the Agenda. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Marie Ulvila, City Clerk Candace Horsley, City Manager Marsha Wharff, Mendocino County Clerk 1. Resolution Calling for a Special Election on November 2, 1999 2. Agreement withMendocino County For Election Services 3. Tentative Election Calendar clerk~asraptc2 Candace Horsley, City'~Vlanager Page 1 of 3 Districts Participating in November 1999 Election On May 24, I conducted a survey of other entities in the County as to their plans for the November 1999 election. The survey revealed: Participation Measures/Seats Measures/Seats In 11/99 Election In the City Outside the City Mendocino County Office of Education Yes 1 - Ukiah 1 - Round Valley Ukiah Unified School District Yes 3 within District (Redwood Valley to Hopland) Mendocino College Yes 5 at large in Mendocino County As you can see by the survey above, there are at least three (3) districts considering calling an election in November. Paul Tichinin, MCOE, advised me that two (2) County-wide seats will be on the Ballot. However, if no one runs for the vacancy in Ukiah, or if it goes uncontested, it would not be necessary to have anything on the ballot for Ukiah. Printing Costs: During the past ten years, only the election of 1991 had both arguments and rebuttals filed concerning ballot measures. However, funds should be allocated for printing arguments and rebuttals for each measure presented on the ballot in order to anticipate maximum election costs. Some considerations for printing costs include: - City Attorney's Analysis of the Ballot Measure(s) - Not to exceed 500 words - Arguments - Not to exceed 300 words - Rebuttal Arguments - Not to exceed 250 words If more than one argument against or for the Measure is received, all subsequent rebuttal arguments must follow that particular argument. Estimated Election Costs: As noted in the above survey of districts, the City of Ukiah would be able to share election costs with other districts in Mendocino County, thereby reducing the overall election costs. Research has revealed that in previous years, the City's costs for elections have been: Election Election Costs Ballot Measures included Nov. 1991 $13,426.95 City Clerk & City Treasurer be appointed 0 March 1996 $ 7,820.11 City Clerk & City Treasurer be appointed 0 Nov. 1998 $ 7,533.80 Mayor appointed by Council 2 City Council seats Mendocino County Recorder Marsha Wharff advised me that some election costs do not change, such as the cost for election officers and acquiring polling places. It was her estimate that a base rate, if you will, of $7,500 could be placed on the cost to hold a Special Election. Taking into consideration approximately $500+~- per Ballot Measure for printing costs, the estimated cost for three (3) ballot measures would be $9,000. Page 2 of 3 Summary In summary, printing and sharing election costs with other districts are the key factors in determining the cost of an election. As I mentioned in a previous report to Council, if no other entity participated in the election, our costs could very well double. However, all indications are that there will be other entities participating in the November 1999 election. Should Council desire to hold a Special Election in November, a Resolution and Agreement have been included for your consideration. Please note that portions of the Resolution and Agreement are shaded, should Council decide to amend the number of measures or their title. Page 3 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 Attachment 1 RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING FOR A SPECIAL ELECTION AS PART OF ANY OTHER ELECTION OCCURRING ON NOVEMBER 2, 1999 WHEREAS, 1. The City Council of the City of Ukiah has determined pursuant to Elections Code §10400 to call a Special Election for November 2, 1999, to consolidate the Special Municipal Election with any other elections occurring on November 2, 1999, and to contract withe the County of Mendocino to conduct the election on the City's behalf; and .......................................... . ..... ..... ..... . ..........:.:.:.:....:.:.......:.:.:.;...::::.: ...... : .:; .... :.:..:..;...::: .... : .......................................................................................... .......... NOW, THEREFORE, BE IT RESOLVED, that; 1. A Special Municipal Election in the City of Ukiah is called for November 2, 1999. 2. The Special Municipal Election is consolidated with any other elections occurring in November 1999. 3. The following ballot ~~i~i. ii~ shall be presented to the voters at the Special Election: 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 4. The City Clerk shall transmit a copy of the ballot ~~8~.~ set forth in paragraph 3 to the City Attorney for the preparation of an impartial analysis as required by Elections Code [}9280. 5. The Mayor is authorized to sign on behalf of the City, the Agreement between the City of Ukiah and Mendocino County for Election Services, a true and correct unsigned copy of which is attached hereto as "Exhibit A" and incorporated herein by reference. 6. The City Council shall file ballot arguments in favor of the ballot ~8~ set forth in Paragraph 3 as contained in Exhibit A which is attached hereto and incorporated herein by reference. If any argument is submitted in opposition to the measure, the Mayor is hereby authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections Code [}9285. PASSED AND ADOPTED this AYES: Councilmembers NOES: ABSTAIN: ABSENT: __ day of ,1999, by the following roll call vote: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk reso\bltmsr Attachment 2 EXHIBIT A AGREEMENT BETVVEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, the an Election has been set for November 2, 1999, and the City Council of the City of Ukiah desires that the Mendocino County Clerk shall conduct the election of November 2, 1999 for ~iiiiBi~i!ili~t~:i~iMi~:.~i~b~ as submitted to the Board of Supervisors with request for consolidation at least 88 days before the election. NOW, THEREFORE, the City of Ukiah and County of Mendocino agree as follows: 1. The Mendocino County Clerk shall provide the following services in connection with conducting the November 2, 1999 Municipal Election, on the City's behalf: a. Establish precinct boundaries to coincide with Statewide Election; b. Designate polling places and appoint election officers; c. Notify election officers of their appointment and instruct inspectors concerning their duties; d. Appoint and pay election officers; e. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up voting booths; f. Publish lists of precincts, election officers, polling places and hours polls will be open; g. Verify signatures appearing on candidates nomination papers; h. Provide sample ballots to each voter; I. Receive absent voter applications, accept absent voter ballot returns, retain custody of absent voter ballot, and count absent voter ballots; and j. Provide Certificate of Mendocino County Clerk as to result of the Canvass, for approval by the City Council. . The City Clerk of the City of Ukiah shall be responsible for: a. All functions of the City Clerk relative to arguments concerning City ~~ as set forth in Elections Code §9200, et seq., including filing and accepting notices required; b. Publication of the Notice of Election; , . In consideration of the services rendered by the Mendocino County Clerk and described herein, the city of Ukiah agrees to pay the actual direct costs reasonably attributed to the City's Special Municipal Election, and a ten percent (10%) charge for association overhead based upon a detailed invoice prepared by the Mendocino County Clerk and presented to the City for payment. Payment for services due under this agreement shall be made after billing is submitted by the County of Mendocino. Dated: CITY OF UKIAH, CALIFORNIA BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA By: By: Mayor Jim Mastin Chairman of the Board ATTEST: ATTEST: By: By: City Clerk Marie Ulvila Clerk of the Board, Kristi Furman election/ctyagrmt Attachment 3 MENDOCINO COUNTY CONSOLIDATED ELECTION Ballot Measures: May or June, 1999 June 26-August 4, 1999 July 5, 1999 July 9, 1999 July 20, 1999 August 6, 1999 August 11, 1999 October 4, 1999 October 4, 1999 October 23, 1999 October 26, 1999 November 2, 1999 December 3, 1999 NOVEMBER 2, 1999 TENTATIVE CALENDAR FOR CITY OF UKIAH SPECIAL MUNICIPAL ELECTION City Council to approve Resolution & Agreement with County to hold a consolidated Special Election Public Notice of Election: one time only between these dates Request for consolidation received in County Clerk's Office Request for consolidation submitted to Board of Supervisors (BOS) for placement on calendar by County Clerk Request for consolidation on BOS calendar -Last day for arguments for and against measure -Deadline to submit City Attorney's Impartial Analysis of the Ballot Measure(s) Last day for rebuttals Last day to register to vote First day absentee ballots are available Public Notice of Central Counting Place by this date Last day to receive regular absentee ballot applications ELECTION DAY Governing Board Members take office Election/calndar3 AGENDA 1TEM NO: 10d MEE'I~NG DATE: March 5, 2003 SUMMARY REPORT SUB3ECT: REPORT REGARDTNG RUSSTAN RI'VER BTOLOGTCAL ASSESSMENT FLOW ALTERNATI'VES The Sonoma County Water Agency ($CWA), the U.S. Army Corps of Engineers (USACE), and the Mendocino County Russian River Flood Control and Water Conservation Improvement District (MCRRFCD) are undertaking a Section 7 consultation under the Federal Endangered Species Act (ESA) with the National Marine Fisheries Service (NMFS) to evaluate effects of operations and maintenance activities on listed fish species and their habitats. The Russian River watershed provides spawning and rearing habitat for threatened stocks of coho salmon, steelhead, and Chinook salmon. SCWA, USACE, and MCRRFCD operate and maintain facilities and conduct activities related to flood control, channel maintenance, water diversion and storage, hydroelectric power generation, and fish production. The Coyote Dam flows are regulated by the USACE during the winter and by SCWA during the summer months. As part of the Section 7 consultation, the USACE and SCWA will submit to NMFS a biological assessment (BA) that provides a description of the actions subject to consultation, including the facilities, operations, maintenance, and existing conservation actions. The assessment will provide the basis for NMFS to prepare a biological opinion that will evaluate the potential effects of the proposed action. On February 21st, ENTI~X, Sonoma County Water Agency's consultant for preparing the Russian River Biological Assessment under the Section 7 requirements, presented its draft for (Continued on page 2) RECOMMENDED ACT]:ON: Discuss alternatives and provide direction to staff. ALTERNATTVE COUNCtrL POLt'CY OPTZONS: N/A Citizens Advised: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager N/A None Approved: Candace Horsley, Ci~ Manager 4:CAN/ASR.ENTRD(.30503 alternative flow regimes. ENTRIX will be submitting additional sections of their draft Biological Assessment between May and August 2003, and will finalize the Biological Assessment between September and December 2003. The National Marine Fisheries Service will then evaluate the biological assessment and develop a Biological Opinion to determine the final alternative flow selection. In 1986, the SWRCB issued its Decision 1610 (D1610) specifying the minimum flows necessary for instream beneficial uses on both the Russian River and Dry Creek. The minimum flow requirements at Coyote Dam for normal, dry, and critically dry water supply years ranged from 185 to 85 cfs. Flows have typically been around 280 cfs during normal years to supply the required flow levels at Dry Creek. The BA provides alternative flow regimes that will better protect and enhance fish habitat. There are five flow alternatives included in the draft. They include: 1) existing flows under D1610, 2) natural flow proposal, 3) enhanced natural flow proposal, 4) enhanced natural flow proposal with additional measures, and 5) D1610 with pipeline. The consultants claim that all pre-49, post-49, and riparian rights were included in their consideration. However, the concern regarding this claim is that there has been no study to determine what percentage of the water rights in Mendocino County are actually being used at this time. Therefore, it is difficult to determine how much additional water will be needed to fulfill the current water rights. 1) Existing D1610: Under the current flow conditions, during portions of the year, the flow velocity is too high for sustaining fish habitat. In addition, with the high flows, the lake levels are frequently lowered to the point where cold water is replaced by warm water, which is harmful for fish habitat. High flows also encourage increased populations of predatory fish such as the pikeminnow, which eat the small salmonids. 2) Natural Flow Proposal: Under the Natural Flow Alternative, the attempt is to mimic the natural conditions and patterns that existed in the Russian River before Coyote Dam was built. Although it is impossible to follow them exactly, due to development and influences of the dam, this alternative would reduce flows from the dam during dry years from an average of 180 cubic feet per second (cfs) to 70 cfs, which would mean a reduction in flows at Healdsburg. Temperatures within the lake would tend to be higher, due to a higher lake level in Lake Mendocino throughout the summer season. Also, due to the reduced flows from the dam, river temperatures would be higher from Cloverdale and further south. Under this proposal, the City's hydro plant would not be able to operate. This alternative would enhance recreational opportunities at Lake Mendocino, due to the higher water levels throughout the summer. However, canoeing opportunities along the Russian River would be reduced due to the lesser flow regime. 3) Enhanced Natural Flow Proposal: The Enhanced Natural Flow Alternative would also reduce velocities in the upper Russian River and Dry Creek over current policy, but would be slightly higher than the Natural Flow Proposal. This would promote cooler temperatures along the river, due to higher volume flows and would enhance fish habitat. At Ukiah during normal water years, summer flows would range from 130 to 250 cfs during the summer months as compared to current levels of 175 to 260 under D1610. Under dry years, the flows would average 80 cfs at Ukiah. For recreational opportunities, Lake Mendocino would again benefit, and canoeing opportunities would be maintained in the upper Russian River. Hydroelectric operations would be reduced, but would be possible under these conditions. 4) Enhanced Natural Flow with Additional Measures: Under this scenario, the additional measures would include aquifer storage and recovery programs, a pipeline from Warm Springs Dam, and new surface water storage. However, in the initial review of possible storage facilities, this alternative does not appear to be feasible. This alternative would increase the reliability of water supply systems and provide for the development of ground water management, but would also require the treatment of water that would be stored. An additional problem with this option is that it would require acquisition of a right-of-way from Warm Springs Dam to the Russian River, which would be extremely expensive. 5) D1610 with Pipeline: The pipeline would be built from Warm Springs Dam to the mouth of Dry Creek. This would increase the water supply below Healdsburg, but would also require acquisition of right-of-way and reduce hydroelectric operations at Warm Springs Dam. This alternative comes with a very high expense tag, and would provide no improvement in fish-rearing habitat within the Russian River. Alternatives 2, 3, and 4 would require revisions to D1610 for flow control. It is estimated that the revision process could take two to five years. Sonoma County Water Agency is hoping to receive approval from the State to initiate the NMFS reduced flow alternative during the D 1610 revision process. ENTRI:X will be identifying its preferred alternative in the May draft of the document. There will be a meeting in June 2003 to discuss the preferred alternative and the language within the document. ]:f the enhanced natural flow alternative is selected, this should provide adequate flows from Coyote Dam to provide for the City of Ukiah's residential needs. Staff will notify the Council of the meeting time and date. AGENDA SUMMARY ITEM NO. 10c DATE: March 5, 2003 REPORT SUBJECT: INTRODUCTION OF ORDINANCE ADDING SECTION 7154.5 TO THE UKIAH CITY CODE PROHIBITING THE PARKING OF VEHICLES SIX FEET OR MORE IN HEIGHT ON CERTAIN STREETS OR PORTIONS THEREOF SUMMARY: Currently there is no parking permitted along the west side of Orchard Avenue at 540 South Orchard Avenue. Captain E. Conley, Commander with the California Highway Patrol (CHP), requested permission to restore on-street parking in the vicinity of 540 South Orchard Avenue with the restriction that vehicles over 6-feet in height not be allowed to park in front of the CHP / Department of Motor Vehicles (DMV). Please refer to Attachment 2 for a location map. The Traffic Engineering Committee (TEC) reviewed this request at its regular meeting of February 18, 2003. During review, the CHP representative noted that the request was to allow on-street parking for vehicles less than six feet in height. Restricting the height of vehicles parked along the frontage will allow better visibility for CHP officers departing on emergency response and others leaving the facility. This restriction was requested since several large vehicles frequent the CHP/DMV facility for driver testing and vehicle inspection. Some large vehicles utilize the south end of the parking lot of the CHP/DMV facility. In addition other large vehicles park on the east side of the street opposite CHP/DMV. The CliP representative indicated that additional on-street parking would benefit both CHP/DMV employees and customers. (continued on page 2) RECOMMENDED ACTION: Introduce ordinance of the City Council of the City of Ukiah adding Section 7154.5 to the Ukiah City Code Prohibiting the Parking of Vehicles that are six feet or more in height on certain streets or portions thereof. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not introduce ordinance and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Captain E. Conley, CHP Commander Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works/2~ L:: Candace Horsley, City Manager 1. Proposed Ordinance for Introduction 2. Location Map APPROVED:' ~-'--~,~~~ Candace Horsley, Cit~Manager RJS: AG-540-S-O rcha rd-6-ft-Pa rldng .SUM Page 2 Introduction of Ordinance adding Section 7154.5 to the Ukiah City Code prohibiting the parking of vehicles six feet or more in height on certain streets or portions thereof March 5, 2003 In residential areas zoned as R-l, R-2, or R-3 the City has the authority per Section 7154 of the City Code to restrict the parking of large vehicles with gross vehicle weight exceeding 11,000 pounds from parking. The CHP/DMV office, however, is located within a C-1 zone (light commercial). Therefore, this section of the City Code does not apply to the CHP/DMV office location. California Vehicle Code Section 22507(a) permits local authorities to restrict the stopping, parking, or standing of vehicles that are six feet or more in height. The attached ordinance will provide the basis for the City to enforce this type of parking restriction. Should the ordinance be successfully introduced and adopted, a resolution specifying the location of the proposed parking restriction will be presented for adoption. The TEC recommended approval of the restoration of on-street parking at 540 South Orchard Avenue with the restriction regarding parking of vehicles six feet or more in height. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 7154.5 TO THE UKIAH CITY CODE PROHIBITING THE PARKING OF VEHICLES THAT ARE SlX FEET OR MORE IN HEIGHT ON CERTAIN STREETS OR PORTIONS THEREOF. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 7154.5 is hereby added to Article 10 of Chapter 1 of Division 8 of the Ukiah City Code to read as follows: § 7154.5 NO PARKING OF VEHICLES SiX FEET OR MORE IN HEIGHT IN LOCATIONS DESIGNATED BY CITY COUNCIL RESOLUTION: It shall be unlawful and constitute a violation of this Article to park or allow to stand any vehicle that is six feet or more in height (including any load thereon) on certain streets or portions thereof, during all or certain hours of the day as designated by resolution of the City Council. The City Traffic Engineer shall erect signs providing notice of any such prohibition in accordance with the provisions of Section 7160. SECTION TVVO This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on ,2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on AYES: NOES: ABSENT: ABSTAIN: ,2003 by the following roll call vote: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page 2 of 2 I~VEvdAY t~ AGENDA SUMMARY ITEM NO. ]_0e DATE: MARCH 5, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING AGENDA ORDER FOR COUNCIL MEETINGS At its February 5, 2003 meeting the City Council changed the "Public Hearing" timed agenda item from 7:00 pm to 6:45 pm and directed that a policy resolution amending the agenda order be returned for consideration. Staff has prepared the attached resolution to reflect the current agenda order and headings. The Council should review this sequence and determine if it is stated as desired. There are no legal requirements for a particular topic arrangement or types of categories; it is the Council's discretion as to how the agenda items are ordered. RECOMMENDED ACTION: Adopt Resolution Establishing The Agenda Order For Council Meetings In Accordance With The Requirements Of The Procedures of Conduct for City Council Meetings. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution is to be revised, identify changes, and adopt modified resolution. 2. Determine changes in agenda order are not necessary and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Michael Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution for adoption, page 1; 2. Policy Resolution No. 1, pages 2-3. APPROVED:i ("~_.. "~"(~ Candace Horsley, City nager mfh:asrcc03 0305AgendaOrder POLICY RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE AGENDA ORDER FOR COUNCIL MEETINGS IN ACCORDANCE WITH THE REQUIREMENTS OF THE PROCEDURES OF CONDUCT FOR CITY COUNCIL MEETINGS WHEREAS, The Procedures of Conduct for City Council Meetings requires the Council to adopt a resolution establishing the Order of Its Agenda; and WHEREAS, the City Council desires to amend the Order of Agenda. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah establishes the following Order of Agenda for City Council meetings: O. 1. 2. 3. 4. Roll Call Pledge of Allegiance Presentations/Proclamations/Introductions Approval of Minutes Right to Appeal Decision Consent Calendar Audience Comments on Non-Agenda Items Public Hearings- Timed at 6:45 P.M. Unfinished Business New Business Council Reports City Manager/City Clerk/Director Reports Closed Session Adjournment BE IT FURTHER RESOLVED that the Mayor and/or the City Manager may direct the City Clerk to select items which appear to be of particular public interest and to place these under the heading Special Order of Business, which shall be assigned a time of hearing and the Council shall hear these items at the time so specified, and Policy Resolution No. 1 (Establishing Order of Agenda) is hereby repealed. PASSED AND ADOPTED on this 5th day of March 2003, by the following roll call vote: AYES: NOES: ABSENT: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 -t "' 2 3 5 6 7 8 9 10 11 12 13 15 16 18 19 20 22 23 2,5 26 ~.7 28 POLICY RESOLUTION NO. 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE AGENDA ORDER FOR COUNCIL MEETINGS IN ACCORDANCE WITH THE REQUIREMENTS OF RESOLUTION NO. 76-45 WHEREAS, Resolution No. 76-45 requires the Council to adopt a resolution establishing the order of Agenda, and WHEREAS, the City Council desires to amend the Order of Agenda, NOW, THEREFORE, BE IT RESOLVED that the following order of agenda be adopted. I. Call to Order a) Roll Call b) Invocation c) Pledge of Allegiance II. Approval/Correction of Minutes III. Right to Appeal Decision IV. Consent Calendar V. Public Hearings VI. Petitions and Communications VII. Unfinished Business VIII. City Manager Recommendations IX. New Business X.. Comments from Audience XI. City Council Reports XII. Executive Session (Personnel, Litigation, Property Acquisition) XIII. Adjournment BE IT FURTHER RESOLVED that the Mayor'and/or the City Manager may direct the City Clerk to select items which appear to be of particular public interest and to place'these under the heading Special Order of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 ~.5 26 27 28 Business. Each item so selected shall be assigned a time of hearing and the Council shall hear these items at the time so specified. BE IT FURTHER RESOLVED that Resolution No. 79-69 (Establishing Order of Agenda) is hereby repealed. PASSED AND ADOPED this 17th day of June , 1981, by the following roll call vote' AYES' Councilmembers Hickey, Feibusch, Snyder, Riley, Myers NOES' None ABSENT: NOne ATTEST' Mayor City Clerk UKIAH REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE MARCH 5, 2003 Please be advised that the Adjourned Regular Meeting of the Ukiah Redevelopment Agency scheduled for March 5, 2003 is CANCELLED. The next regular meeting is scheduled for March 19, 2003 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax¢ 707/463-6204 Web Address: www. cityofukiah.com 83183/2883 18'37 7874627898 AL BELTRAMI PAGE 01 Tel: 707-462-.6230 PATRICIA JEAN BELTRAMI 145 MENDOCINO PLACE UKIAH, CA 95482 small: cll~el@saber.net fax: 707-462-7890 Mr. Charley Stump Director of Planning & Community Development 300 Seminary Avenue Ukiah, CA. 95482 28 Feb. 2003 Dear Mr. Stump: A~ adjacent landowners at 597 Main street, we are writing to expres~ our strong opposition to the Safeway Corporation appeal of U# Permit 00-29. We a~ the Council to uphold the determination of your Planning Commission on Pemtit 00-29, denying a fuel station use permit, The addition of 2 twenty thousand gallon fuel-storage tanks beneath a paved area of the existing area, would reduce store parking by 1/3. The existing traffic congestion at Gobbi and Main, due to the new $oc, ial Servicas Building, new approved hous4ng in the area, and weekend shopping traffic needs no additional traffic pressure. That site is already a traffic blockage site similar to traffic impact~ at Perkins and Omhard streets during certain high traffic uae hours. We respectl~lly ask your denial of the appeal as not being in the be~ interest of the City general plan and added traffic congestion. Marshall street, a residential area, is al~dy bearing the brunt of weekend congestion by increased diversionary traffic through the street, in order to go around the traffic choke point at Gobbi and Main streets. Because of the growing vehicular usage on Gobbi, and preset and futura congestion, we urge denial of the Permit 00-29 appeal. Sinoerely, Pat & Al Beltrami CITY OF LIKIAH CLErtK'S DEPARTMENT ELECTION PROCESS FOR OFFICE OF MAYOR City of Ukiah In past practice we elected 5 council members, who would rotate for the Mayor's position. Now, we elect 5 council members, have one of them be "elected" Mayor, vacating two years of the term they were elected to, leaving the filling of that two year vacancy to whatever process is determined by 3 (three) or 4 individuals. This can be done in a different manner every time. There is no consistency, no established procedure to address this situation. What I and many members of the community see is an open door to cronyism, corruption and most certainly the loss of the right to VOTE for EACH of the members of our local legislative body after having ALL members go through the process of filing all disclosures required by law and being scrutinized by the constituents. I, personally, do not believe the present process serves the constituents of the community in proper manner. Looking back to the time this change was first proposed, we all saw it as "Our right to vote". In truth, it has taken AWAY our right to vote for ALL members of this legislative body. In past elections the City has put this question to the voters, but the information was clouded and confusing. And, to put it bluntly, people were suspicious. "What is the City trying to take away from us"? I request that the question be put on the ballot for the next election in very SIMPLE terms that may be readily understood by the average layperson. "Shall ALL Council members be elected by majority vote of the people in general election and shall those members then rotate to the position of Mayor?" Language addressing the process for rotation, (seniority, continuation if a member chooses to pass on his/her rotation time, should be addressed by Counsel for the City.) along with the length of the term to serve as Mayor. I can' t put it any simpler and that's the way I feel it should be on the ballot, in the simplest possible language. Thank you for your kind attention. As a footnote: This is not about me or about Mari Rodin. process, wh~ic~s flawed. Ma~h 3, 2003 ~ It is quite simply about the ~! ,~,4,~R 3 2003 CITY OF UK~AH CITY CL 5P?','S [';E?AETMENT Thoughts about process of appointing to fill vacancy on City Council . I would not be in favor of a standard appointing the next runner up to fill vacancy. A1 If the runner up was an extremely Iow vote getter it would not indicate constituent support. B. If an incumbent was not re-elected I would consider it a slap In the face to the constituents to appoint that person. Thoughts about electing the Mayor to a four year term. A1 I don't have too much against that proposal. I think it may be too long a time, that a person would burn out and, for our small community, it would put too much emphasis on one person and not the entire council. B. If that concept was approved by the constituents, I don't have any preset thoughts about a council person seeking that office. However, to maintain the duly elected council member concept, it should perhaps require resignation from the council, opening that seat for election. I offer these thoughts for consideration to enable the council to understand why I am seeking to bring this back to the constituent and to clarify my motives. Mary/A~. Lindley ~ March 3, 2003 !,4A, R ~ 2003 CiTY OF UKIAH CITY CL E ~,;i'.~ ~ E?AETMENT THE PRESS DEMOCRAT · MONDAY, FEBRUARY 24, 2003 'Odrotc one Iraqi cxpatriatc, "I want-to say to all these people who arc against thc possible war, [hat: !fiyou [hin[¢ ... you arc serving thc intcrcsts of Iraqi pcoplc or savin tt them, you arc not." Little evidence anti-war campaign cares about lraqis By JEFF JACOBY Something was missing from last weekend's vast wave of demon- strations against war in Iraq: Iraqis. Across Europe and the Unit- ed States, 2 million, or more protesters took to the streets to denounce the Bush administration's plans to dis- arm Saddam Hussein. The enormous crowds of demon- strators, news reports stressed, comprised all sorts of people --"college students, middle-aged couples, families with small children, older peo- ple who had marched for civil rights, and groups represent- ing labor, the environment, and religious, business, and civic organizations," as the New York Times put it. An endless parade of speak- ers addressed the throngs, praising their anti-war mes- sage and denouncing George W. Bush and his allies. Among the speakers at the immense London march were the city's mayor, Ken Living- stone; the playwright Harold Pinter; Jesse Jackson; Bianca Jagger; and even a former min- ister in Tony Blair's Cabinet. In New York, the crowds heard from Bishop Desmond Tutu, Martin Luther King ITT, singers Pete Seeger and Richie Havens, and Hollywood celeb- rities Danny Glover and Sus- an 8arandon. But where were the Iraqis? Where in this great chorus of anti-war passion were the voic- es of those for whom Iraq is not just a cause but a home- land? More than 4 million Ira- qis have fled that homeland since Saddam came to power in Lq79. Tens of.thousands live of thSusands in Europe. Yet virtually none took part in the weekend's demonstrations. Don't they care about Iraq? Of course they do. That is why they stayed away. "I am so frustrated by the ap- palling views of most of the British people, media, and poli- ticians,'' one Iraqi expatriate, a London neurologist named B. Khalaf, writes in The Guard- ian. "I want to say to all these people who are against the pos- sible war, that ~f you think... KENT PORTER/1he Press Democrat Demonstrations like the one in Santa Rosa on Feb. 15 denouncing the Bush administration's plans to disarm Saddam Hussein have attracted few Iraqis. you are serving the interests of Iraqi people or saving them, you are not. You are effective- ly saving Saddam. You are de- priving the Iraqi people of probably their last real chance to get rid of him." Another 'Iraqi in exile, 19-year-old Rania Kashi, penned an open letter asking where the anti-war movement was during Saddam's war against Iran in the 1980s, which caused the death of 1 million Iraqis and Iranians. Or during his attack on the people of Halabja, when thou- sands of Iraqi Kurds were gassed to death. "Saddam rules Iraq using fear; he regularly imprisons, executes, and tortures large nnmbers of people for no rea- son whatsoever," she wrote. "Believe me, you will be hard- pressed to fmd a single family in Iraq which has not had a son/father/brother killed, im- prisoned, tortured, and/or disappeared-~ due to Saddam'~ regime. What then has been stopping you from taking to the streets to protest against such blatant crimes against humanity in the past? ... I have attended the permanent rally against Saddam that has been held every Saturday in Trafalgar Square for the past five years. The Iraqi people have been protesting for years against the war -- the war that Saddam has waged against them. Where have you been?" If the suffering of Iraq's peo- ple meant anything to the. pro- testers, such cries from the heart might have prompted twinges of shame, or at least some second thoughts. But there is little evidence that the anti-war campaign cares at all about those whom Saddam has hurt. Countless demonstra- tors carried signs reading "Don't Attack Iraq," "Not In My Name," and "No Blood For Oil." Others toted posters de- faming Bush and British Prime Minister Tony Blair -- portraying them with swasti- kas or Hitler mustaches, for ex- ample. For those who failed to grasp the point, a large sign in Rome spelled it out: "Bush is the new Hitler." But nowhere to be seen were signs proclaiming "Against war AND against Saddam" or "Saddam must dis- arm" or "Justice for Saddam's victims." There were no ban- ners proclaiming Saddam the new Hitler. None of the speak- ers were Iraqi Kurds or Shi- ites or dissidents. None were survivors of Saddam's torture chambers or poison gas at- tacks. It goes without saying that many of those in the crowds were well-meaning people who want only to prevent war. Undoubtedly they would bris- tle at being labeled pro-Sadd- am. But whatever might be in their hearts, they can be judged only by their actions -- and by their actions last week- end they declared themselves pro-Saddam. As they poured into the streets, as they clamored for peace at any price, as they de- nounced those who oppose the tyrant of Baghdad, as they counseled passivity in the face ,.~of ~ crin~,,'Lthey.~ ~- · eneffbne oftheworld's most vi- cious.despots and complicated the task of those trying to bring him down. The demon- strations ~vere a powerful boost for Saddam and a sting- ing betrayal of Iraq's afflicted people. That is why they were broadcast live on Iraqi televi- sion. And why millions of free Iraqis stayed away. Jeff Jacoby is a columnist for the Boston Globe. E-mail him at jacoby@globe, com. March 5, 2003 Whereas, on February 19,2003 the Ukiah City Council passed a Resolution opposing preemptive Military Action Against Iraq; and Whereas, in part, the Ukiah City Council gave their unconditional support to U. S. military personnel serving at home or overseas; and Whereas, the opportunity arises for the Ukiah City Council to stand up and be counted in their support of our military personnel; and Whereas, on May 2-4 there will be a Reunion for all Veterans, Family & Friends at the Mendocino County Fairgrounds in Boonville, and Whereas, they are seeking financial support for this endeavor, I would recommend that you all make a personal contribution of between $5 to $100 toward this cause Now, Therefore, Be It Resolved that the Ukiah City Council, "as individuals" have been informed of this oppommity to support our local Veterans and be it so presumed that they will follow through with their previously stated support of our Military Personnel. January 2003 715 S Foothill Blvd. Cloverdale, CA 95425 (707) 894-4901 Izyorkville@aol.com Dear Community Supporters: My name is Gary Mills and I am a Vietnam Veteran. On Memorial Day last year I was in Washington D.C. to visit "The Wall" for the first time. While in Washington, I experienced first hand genuine appreciation from the public and the military for all of the men and women who served our county in Vietnam. On my return trip to Cloverdale, I thought that my experience should be shared with all of my fellow Veterans who might not ever be able to visit Washington. As soon as I arrived home, I formed "LZBOONVILLE" which is a group of local Vietnam Veterans. It is our goal to have a community event for all veterans and their family and friends. This "All" Veterans reunion is dedicated to show our support to all of the women and men who have served in our military forces. This event is also going to be a healing process for some of our Veterans who are still suffering after their experiences. The l't Annual LZBOONVILLE "Welcome Home" All Veterans Reunion is scheduled for May 2 through May 4, 2003 at the Mendocino County Fairgrounds in Boonville, California. This is a non-pro'fit event with any proceeds collated being used to establish a fund to send (PTSD) Post Traumatic Stress Disorder Veterans to visit "The Wall". We are asking our community to help support in any way that they can. We are asking for donations that will either be used at the event or any cash donations that will be used to start the fund to send the PTSD Veterans to Washington. Without your support, the women and men that are suffering from PTSD might never have the chance to visit their memorial in Washington. I thank you for your consideration. Sincerely, Gary Mills LZ BOONVILLI~ VIF, TNAM VETERANS Ntt LI~(,OMI~S ALL VI~TERANS, FAMILY & FRIi~NI)S MAY 2-3-4, 2003 AT THE MI~NI)OCINO COUNTY FAIRGROUNi)S I}OONVILLE, CALIFORNIA Entertainment · Lk,e Bands · Food · Booths · Fun · Overnight camping For Information Call (707) S94-4901 or email: Izboom411e~aol.com NO I~X-)(i~S BOONVILLE ~,~ Rd 253 . Ukiah N[ Cl°verdalel Santa Rosa San Francisco 1st Annual LZBOONVTLLE "Welcome Home" Ali Veterans Reunion The Reunion is for all Veterans, Family & Friends DATE: May 2, May 3, & May 4, 2003 (first weekend in May) TI:HE: All Day and Evenings LOCAT]:ON: Mendocino County Fargrounds, Mendocino County Boonville, California (26 miles northwest of Cloverdale on Highway 128) (18 miles west of Ukiah on County Road 253) (Approximately 100 miles north of San Francisco) VENUE: Live Bands · Entertainment .Food/Drinks · Guest Speakers COST: General Admission: SS.00 per day All money ma. de above the cost of the event wi// be donated to a special fund to send Post Traumatic Stress Disorder (PTSD) Veterans to Visit "The Wa//" in Washington, DC. LODG]:NG: There is overnight camping available at the event location. Tents, RV's and 5th wheel trailers are welcome. Reservations will be accepted for RV's and 5th wheel trailers. There are a limited number of hookups for RV's and 5th wheel trailers. RATES: RV's and 5th wheel trailers $20.00' per day. RV's and 5th wheel trailers $45.00' for all 3 days (*the cost includes general admission ) There is limited lodging in the local area at B & B's There is Hotel/Motel lodging available within 30 minutes of the event location. AN]:HALS: NO PETS ALLOWED WEATHER:Rain or Shine the event will go on! FOR HORE INFORI~IA TION: Call (707) 894-4901 Or visit us online - LZBOONVILLE@aol.com -OR - X31E20@aol.com