HomeMy WebLinkAbout2003-08-06 PacketAugust 5, 2003
To: City Council, Planning Department, Ukiah City HS
From' Bruni Kobbe, 1204 Standley, Ukiah
RE: Appeal of Second Unit Use Permit 03-17 (Applics
scheduled for CC meeting August 6,2003
When the Planning Commission (i.e., the three Commissioners
present) approved the above second unit application on June 25, many
pertinent questions were not clarified or even asked. Planning staff also
did not provide adequate information about safety and environmental
impact.
For example, no information was provided about the stability of the
building pad. By staff's own admission, it would not be approved today.
The means of sewage disposal is still undecided, as is the water supply.
The development has already had a significant impact on the water flow
and quality of Gibson Creek. Given the past history of this development, it
seems prudent to clarify these critical aspects before a use permit is
issued. Much was made of the screening of the building site provided by
trees. Trees can be cut down, as the applicant has amply demonstrated on
other parts of his property. The impact of increased traffic was deemed
insignificant. To those living in the Gibson Creek canyon neighborhood, any
additional car trips on narrow Standley Street and up the steep road
facing the canyon are significant. The applicant, as well as the subdivision
sharing the same road, are already having a substantial noise impact on
our neighborhood.
These are some of the issues that need to be addressed and
enforcable restrictions need to be instituted before issuing a use permit.
For the record, I would like to add to the incident of harassment
related at the Planning Commission meeting by speaker Daniel. I too have
had to endure drive-by honkings and shoutings by the applicant..
Also, the applicant has forced the City to spend close to ten
thousands of dollars clarifying a right-of-way on Standley Street but is
now refusing to negotiate a reasonable solution. The applicant has
constructed fencing, sprayed herbicide, and inflicted more than a dozen
"No Trespassing" signs on trees-all in the City's right-of-way.
It is the duty of Staff and Council to protect the welfare of all
citizens and should therefore proceed with utmost caution and diligence.
CITY OF UKIAH
CITY COUNCIL AGENDA
REGULAR MEETING
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482-5400
August 6, 2003
6:30 p.m.
1. ROLL CALL (ROdin ~ Absent)
2. PLEDGE OF ALLEGIANCE
3. COMMENDATIONS
Mayor Read a. Eversole Mortuary's 110th Anniversary
MaYor Read
4. 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's Boards and
Agencies may be judicially challenged.
Mayor Read 5. 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.
M/RC (4~) "', ' ,,
Al:)DrovIn_Cl Consent Calendar Items ::a throu_clh d~
- - al Report Regarding Grace HUdSOn Museum ~ecuring services For
Classroom Curricula And Collection Cataloging From Keith James And
Barbara Muttart In The Amounts Of $9,996 And $8,250 Respectively
b. Approval of Travel Cost for Citygate Associates
c. Approval Of Notice Of Completion For 2000 STIP Local Street
Rehabilitation Project, Specification No. 02-14 "
d. Award Of Three-Year Agreement In The Amount Of $25,281.96 To
Evergreen Job & Safety Training To Provide Job And Safety Training To
The Electric Department
Mayor Read 6. AUDIENCE COMMENTS ON NON-AGENDA ITEM~
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.
7. PUBLIC HEARING (6:45 P.M.)
a. Consideration And Action Regarding The Appeal Of The Planning
Commission's Conditional Approval Of The Nix Second Dwelling Unit Use
Permit #03-17
M/RC (4-0)SuPportin_q the Planning c°mmissi°n's decisi°n and deny the appeal
b. Adoption of Resolution Approving the Project Feasibility Study for the
Ukiah Northwestern Pacific (NWP) Rail Trail
M/RC (4'0)AdOpting ReSOlUtion 20~-03 APpr°ving the pr°ject FeasibilitY StUdy for
the Ukiah NOrthwestern Pacific R~il Trail
c. Authorization to Submit Annual Grantee Performance Reports, Grant
#00-EDBG-738
M/RC (4-0) AUthOrizing submissi°n of Annual Grantee Ped°rmance Reports for
Grant # 00-EDBG;738
8. UNFINISHED BUSINESS
a. Status Report Regarding Ukiah Skatepark Location
b. Re-scheduling of Wastewater Treatment Plant Preliminary Design
Workshop
9. NEW BUSINESS
a. Adoption of Resolution Approving Cooperative Agreement to Provide
Funding and Resources for the Development of a Mixing Zone Policy
M/RC (4~0)Ad0Dtin-q~ ReS01uti~h~,'2004~ ~Pr~vinq C~rative :Agreement to
prOvidefu n din~ and ~es6urces f~t ~he development 0fTa Mi~ih~ zone ~biibY
b. Discussion and Direction to Staff Regarding Changes to UCC Section
1203
c. Approval of Responses to the Grand Jury of Mendocino County Final
Report 2002-2003
M/RC (4~):Al~rovin-cl :reSPonseS, !0:the Grand Jury of :;Mendocino County Final
RePort 2002.2003 ~ ~
d. Adoption of Resolution Endorsing the Budget Accountability Act -
Councilmember Andersen
M/RC (4-0)AdOpting ReS~lUti0h:2~4~5 Endorsing the Budget AcCountability Act
e. Consideration and Approval of Increase in Hours for the Personnel
, ~ssistant Position and Associated B~get Amendment
to ~$h our ~full~tm~~~~~ m'ent
10. COUNCIL REPORTS
11. CITY MANGER/CITY CLERK REPORTS
12. CLOSED SESSION
a. Conference with Labor Negotiator G.C. §54957.6
Employee Negotiations: Management Unit
Labor Negotiator: Candace Horsley, City Manager
13. ADJ0URNMENT
CITY OF UKIAH
CITY COUNCIL AGENDA
REGULAR MEETING
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482-5400
August 6, 2003
6:30 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. COMMENDATIONS
a. Eversole Mortuary's 110th Anniversary
w
g
1
m
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's 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. Report Regarding Grace Hudson Museum Securing Services For
Classroom Curricula And Collection Cataloging From Keith James And
Barbara Muttart In The Amounts Of $9,996 And $8,250 Respectively
b. Approval of Travel Cost for Citygate Associates
c. Approval Of Notice Of Completion For 2000 STIP Local Street
Rehabilitation Project, Specification No. 02-14
d. Award Of Three-Year Agreement In The Amount Of $25,281.96 To
Evergreen Job & Safety Training To Provide Job And Safety Training To
The Electric Department
AUDIENCE COMMENTS ON NON-AGENDA ITEM._°-,
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.
PUBLIC HEARING (6:45 P.M.)
a. Consideration And Action Regarding The Appeal Of The Planning
Commission's Conditional Approval Of The Nix Second Dwelling Unit Use
Permit #03-17
b. Adoption of Resolution Approving the Project Feasibility Study for the
Ukiah Northwestern Pacific (NWP) Rail Trail
This CiW of Ukiah C~,mmenJation is presented on the ~' day of August 2003 to
E VER SOLE MOR TUA R Y
in appreciation for llO years of dedicatedfamily ownedbusiness service to the Ukiah community.
~HEREAS, in 1893 J. V~. EversoIe estabh'shed Eversole Mortuary in the rear of his
furniture store at the corner of State and Smith Streets joining the eadsting 90 businesses in to~vn
and serving the thriving popuIation of I, 200,. and
~VItEREAS, EversoIe Mortuaryhas providedconn'n uous ~mily~wnedsem4ce to (Jln'ah and
Mendocino County since then, ~velcoming the advent of the Ford automobile, Savings Bank of
Mendocino, the Sun House, the Ukiah Public Library, Masonite, the Golden Gate Bridge, the
extension of the 101 highway, more than 1,200 new businesses in the valley, and 1~,000 new
residents! and
Vv~I-IER~S, Eversole Mortuary is the oldest family~wned mortuary in the State of
California, surviving the great quake of1906, nvo ~vorld wars, the collapse of the stock market, the
Great Depression, and n umerous other challenges to longevity and con ~n ued quality of service!
and
W'I'tERF~'IS,, five generations of EversoIes, ~. V~., F~IwardA., V~alter R., Richard V~., and
Edward ~.., and their ~amilies, have overseen the business operation and provided a homespun
approach to~vardservices requiredbyallof us morta[s~ have remainedintimatelyinvolvedin U[n'ah
for the Iast I10 years~ and are committed to continued quality community service.
NOV~, THEREFORE, I~ Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow
City Councilmembers~ Phil Bald~in, Roy Smith, Paul Andersen, and Marl Rodin, do hereby
congratulate Eversole Mortuary on its
11G ANNIVERSAR YA SA
FA MIL Y 0 W ED BUSINESS IN UKIA H
and on behalf of the entire community commend the Eversoles for this significant tenure as a
leadership business and family in Ukiah, andIook fomvard to a continuation of the superb semice
for another 110 years.
Date: August 6, 2003
Eric Larson, Mayor
ITEM NO. sa
DATE: AUGUST 6, 2003
AGENDA SUMMARY REPORT
SUBJECT:
REPORT REGARDING GRACE HUDSON MUSEUM SECURING SERVICES
FOR CLASSROOM CURRICULA AND COLLECTION CATALOGING FROM
KEITH JAMES AND BARBARA MUTTART IN THE AMOUNTS OF $9,996 AND
$8,250 RESPECTIVELY
Pursuant to the requirements of Section 1522 of the Ukiah Municipal Code, Staff is filing
with the City Council this report regarding the securing of services for the Grace Hudson
Museum.
Keith James will develop classroom curriculum material related to the Pomo Indian
culture; the cost of this service is $9,996. Barbara Muttart will catalogue portions of the
museum collections at a cost of $8,250. Both individuals have considerable experience with
the Carpenter/Hudson collections and significant expertise in their respective projects. These
services will be funded through the Department of Interior grant secured by the Museum, and
are budgeted in account 141.6161.250.000.
RECOMMENDED ACTION: Receive Report Regarding Grace Hudson Museum Securing
Services For Classroom Curricula And Collection Cataloging From Keith James
And Barbara Muttart In The Amounts Of $9,996 And $8,250 Respectively.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Sherrie Smith-Ferri, Museum Director
Candace Horsley, City Manager, Nora Kennedy, Purchasing Supervisor,
and Michael Harris, Risk Manager/Budget Officer
None.
APPROVED: ,_.. ':~..'~!-.-'"~,~~'~,--.
Oandace Horsley, Oit-y Ma~er
mfh:asrcc03 ,
0806Museum
AGENDA
ITEM NO: 5b
MEETING DATE: August 6, 2003
SUMMARY REPORT
SUB3ECT: APPROVAL OF TRAVEL COST FOR C]:TYGATE ASSOCIATES
The Council approved a contract for consulting services related to development of an
annexation strategy and tax exchange agreement at its June 18, 2003 meeting. Council
approved the award for $11,845, which was about half of the proposal level for the
other bid submitted. In preparing the report, staff inadvertently omitted an additional
$1,500 for travel expenses that was included under Attachment A of the proposal. Staff
is now requesting Council's approval of the $1,500, as delineated in Attachment A.
Funding for all of the consultants' activities was budgeted in the Special Projects
Reserve Fund, account 699.1201.800.003.
RECOMMENDED ACTION: Approval of $1,500 for travel expenses under the
professional consultant services agreement with Citygate Associates.
ALTERNATIVE COUNCIL POLICY OPTIONS: Provide alternate direction to staff.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Candace Horsley, City Manager
Candace Horsley, City Manager
N/A
1. Attachment A from Citygate proposal
2. .lune 18, 2003 Staff Report
Approved'
Candace Horsley, Cihanager
4:CAN/ASR.Citygate2.80603
V. PROJECT SCHEDULE AND BUDGET
In this section of our proposal, we present a brief explanation of our project schedule, project
cost and hourly rates, and our detailed project budget.
A. PROJECT SCHEDULE
For this annexation strategy project, we have presented a 6~week project period, assuming that
information is readily available and expeditiously gathered and submitted to the consulting team.
If, however, information is not easily obtained, we can conduct the project within a 10-week
period.
B. PROJECT COST
Citygate charges are based on our standard billing rates and budgeted hours, plus reimbursable
expenses incurred in conjunction with travel, and a three percent (3%) administration fee in lieu
of individual charges for copies, phone, etc.
For this project, we are proposing estimated fees based on our work plan and scope of work of:
$11~845 in project fees
In addition, we estimate approximately $1,500 in travel expenses for 3 consultant trips to be
billed at cost.
At the same time, the City may find that our proposed project approach consists of tasks that are
not desired by the City. Citygate will work with the City to achieve desired levels of service
within a fixed budget.
The price quoted above is effective for 30 days and includes one draft cycle for review, comment
and necessary revisions. The draft cycle will include one reproducible master of the annexation
strategy document and an electronic version to be e-mailed to the City. The City will then have
1 week after receipt of the draft annexation strategy to review and suggest comments. When
changes are agreed upon, Citygate will provide one reproducible master and three bound copies
of the final annexation strategy document, including an electronic version.
We will bill for Task 1 at the execution of the contract plus any incurred travel expenses. At the
completion of each Task 2 through the final Task 4, we will bill for the respective task amount,
our invoices are payable within thirty (30) days. Citygate's billing terms are net thirty (30) days
plus two percent (2%) for day thirty-one (31) and two percent (2%) per month thereafter. The
billing schedule is as follows:
Billing Schedule
Execution of Contract $2,647
Completion of Task 2 $2,951
Completion of Task 3 $3,600
Completion of Task 4 $2,647
TOTAL $11~845
AGENDA
Ti'EM NO:
MEETING DATE:
10c
June 18, 2003
SUMMARY REPORT
SUB3ECT:
AWARD CONSULTANT SERVICE AGREEMENT TO CITIGATE
ASSOCIATES FOR PERFORMANCE OF DEVELOPING A STRATEGY
FOR ANNEXATION~ REVENUE SHARING~ AND A TAX EXCHANGE
AGREEMENT
Submitted for City Council's action is staff's recommendation that a consultant service
agreement for annexation services be awarded to Citigate Associates. The Request for
Proposal was sent to seven firms, and we received response proposals from Citigate
Associates and Muni Financial. Staff reviewed the proposals and developed an outline
of each of the entity's implementation details. Under this analysis, Citigate's proposal
met all of the project criteria and appeared to present the best project outline. The
resources and costs associated with its proposal appear reasonable; Citigate's proposal
was for $11,845, while Muni Financial's proposed budget was $21,500. The one
concern regarding the Citigate proposal was the timeline of six weeks. However, upon
speaking with the Citigate representative, it was clarified that the timeline could be
extended over a five month period and that the Citigate staff's available hours are
flexible. Staff is recommending approval of the Award of Service Contract for
annexation services to Citigate Associates.
RECOMMENDED ACTION: Approve Award of Service Contract for annexation
services to Citigate Associates.
ALTERNATIVE COUNC]:L POLICY OPTIONS: 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, Citigate Associates' consultant proposal
2, Muni Financial's consultant proposal
Approved :'~%~.~~..
4:CAN/ASR.OUgate.6~C'~s0n3dace H°rsley' C~ Manager
AGENDA
SUMMARY
ITEM NO.
DATE: August 6, 2003
REPORT
SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR 2000 STIP
LOCAL STREET REHABILITATION PROJECT, SPECIFICATION NO. 02-14
SUMMARY: Funding for this project was allocated by the State of California through the
Surface Transportation Improvement Program (STIP) in the amount of $372,000. The City
Council awarded the contract on September 4, 2002 to Granite Construction Company,
contractor, in the amount of $367,280.69.
The work of the contract was completed by the contractor in substantial conformance with
the approved plans and specifications on July 10, 2003. The final contract cost based on
actual quantities constructed and approved change orders is $433,359.47. This final
contract cost is the sum of the following: base amount of $368,017.91; contract change
order (CCO) one, additional work on Clubhouse Drive and Carrigan Lane, in the amount of
$4,622.00; CCO two, end grinding on six street sections, in the amount of $1,650.00; CCO
three, grinding and repaving of Perkins Street and State Street intersection, funded
separately by Traffic Congestion Relief Funds in the amount of $33,570.00; CCO four, slurry
seal and striping of airport hangar area, funded separately by the airport in the amount of
$20,485.00; and CCO five, slurry seal and striping of back parking lot at the Civic Center,
funded separately by the Civic Center in the amount of $5,014.56.
Final payment of the 10 percent retention in the amount of $43,335.95 will be made to the
contractor after 35 days from the date the Notice of Completion is filed with the County
Recorder.
RECOMMENDED ACTION' 1. Accept the work as complete; 2. Direct the City Clerk to file
the Notice of Completion with the County Recorder for 2000 STIP Local Street Rehabilitation
Project, Specification No. 02-14.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised'
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Diana Steele, Director of Public Works / City Engineer
Rick Seanor, Deputy Director of Public Works,/~
Candace Horsley, City Manager
"W
1. Notice of Completion
Candace Horsley, City tv~nager
AG-NOC-Spec-02-14.SUM
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
.
That the real property described is owned by the following whose address is: City of
Ukiah, a Municipal Corporation, 300 Seminary Avenue1 Ukiah, California 95482-5400
.
That the nature of the title to the 2000 STIP Local Street Rehabilitation, Specification No
02-14 of all said owners is that of fee simple.
.
That on the 10th day of July 2003, the Contract work for this project was actually
completed.
.
That the name and address of the Contractor is Granite Construction Company, 1324 S.
State Street, Ukiah, California, 95482-6414.
.
That the real property herein referred to is situated in the County of Mendocino, State of
California, and is described as follows: City-owned property identified as various streets
within the City of Ukiah.
City Council Approval
CITY OF UKIAH, a Municipal Corporation
DATE
By:
SHANNON RILEY, Deputy City Clerk
DATE
STATE OF CALIFORNIA)
COUNTY OF MENDOClNO)
I, Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City
Council, that she has read the foregoing Notice of Completion and knows the content thereof
and the same is true of her own knowledge.
MARIE ULVILA, City Clerk
Subscribed and sworn to before me this day of
,2O03.
Notary Public in and for the County of
Mendocino, State of California
TT,,q£ HMEtg T
ITEM NO. 5a
DATE: AUGUST 6,2003
AGENDA SUMMARY REPORT
SUBJECT:
AWARD OF THREE-YEAR AGREEMENT IN THE AMOUNT OF $25,281.96 TO
EVERGREEN JOB & SAFETY TRAINING TO PROVIDE JOB AND SAFETY
TRAINING TO THE ELECTRIC DEPARTMENT
The Electric Department proposes to contract job and safety training until June 30, 2006 with
Evergreen Job & Safety Training, the sole provider of this service. Six programs per year will
be presented at a cost of $8,099.04 for the first year and increased by 4% for each year
thereafter. This would increase the amount to $8,423.00 in the second year and $8,759.92 the
third year for a total amount of $25,281.96. Training for 2003-2004 has been budgeted in
Account No. 800.3733.250.000 and sufficient funds are available. The agreement includes a
45-day cancellation clause so that if funds are not available in subsequent years, the City is
not obligated for the unused portion of the contract.
RECOMMENDED ACTION: Award three-year contract to Evergreen Job & Safety
Training for Electric Department safety training in the amount of $25,281.96.
ALTERNATIVE COUNCIL POLICY OPTIONS: Deny the award and provide direction to Staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Stan Bartolomei, Electric Supervisor
Judy Jenny, Purchasing & Warehouse Assistant
Candace Horsley, City Manager
1. Proposed services agreement, pages 1-2.
APPROVED~. ~--~,~,, ~'"~....
Oandace Horsley, Oit~Mana§er
mfh :asrcc03
0806ElectricTrainingy
STAN PAGE 0i
530 2~? ~2~ P.~
uMi- ~ .,qfreemem
ASreemont, entered brio between ]BVtuG_UlP.~q..JOB
W~~S, ~~n ~ldu job i~ m~ ~inhg ~ff, and
~~A Cmmr dm
~ ~v~ ~
the
1, Em~e~
~ Subta~n h~ (~m~ 2~3)
6, Job B~fl~
E~.
CuJtomer irsa to notify Eem~,oim, ~ .dvte.., in the event ~hlK Ctlltom~r dflinm to hive fray _WdiiM_d
imy of its' mab~ntrnetotm, ina/or omer mBtnu mffend Training l"rosrnm(~). The Tentative irate for
Trslnm wfJl be SSS.00 / AddMonml Employee / Mmbl~ Tbim rite mm subject to eba~lJ~ smd shalJ be llreed to betwm
and Eye. teen prior to fddjfloBai Tuiuees ateeudinl ally meetinss,
All rut~ m ~own above w#J be Inenased at the ~te of roar percent (4%) roy aleh or the muM~uent ye~n of ~b
Ajuemeut to co~r ittfhtloamry COIIL
b the went Customer iksil feb to ~ iu7 mouthl~ p~meut due, EverpK~ mi7 ceme provldin8 seq~lces without
breach, peadinS ImFment or ~uoludon of any difp#te.
Tbi~ Agreement will Torminste au ~
Either part), to tbb Al]mt I~m the rJsht to eincei thb Al]eemeA; for ~ rea~u, upon dis ~
Upon such written notice, obiiptbns uncle' thb ABreemeflt shall bo honored b~; both pmrtiff For 4~ di~ b the date
d' reorient of' writt4~ caucdhtlen notice. ~hit 4S.day ~ may be tdJusted upo~ mutual wrtma couunt ~ both
Cu~omer lip that the tnJnla8 and ~m~tbns ~~ by Ev~~ are it t~ o~ ~ ~e C~em~ ~
~p~n~ e~h~ ~ ~ or h ~flr~, ~~, ~Mm~ ~ Kv~, its ~p~, ~u ~d/or tu~
'~Jb i~jfrument eantalns dm m~ ~m~t b~eu the ~, ~ aO mtme~ ~J~ or lndu~u m
lKMerf~ T~ LD. #~ ~
(Mice
c)ffJce yaz:
(~07) 462-29~1
ITEM NO: 7a
DATE: Auaust 6, 2003
AGENDA SUMMARY REPORT
SUBJECT:
CONSIDERATION AND ACTION REGARDING THE APPEAL OF THE PLANNING
COMMISSION'S CONDITIONAL APPROVAL OF THE NIX SECOND DWELLING
UNIT USE PERMIT # 03-17
SUMMARY: Mr. Jim Nix recently filed the required Use Permit application to allow the construction
of a 1,000 square foot, single story second dwelling unit on his property in the western hillside area.
A primary residence is currently under construction on the property, which is located above West
Standley Street.
PLANNING COMMISSION ACTION: On June 25, 2003, the Planning Commission conducted a
public hearing and considered the Use Permit application. After hearing from interested citizens,
and having a lengthy discussion, the Commission concluded that the proposal was consistent with
the goals and policies of the General Plan and hillside zoning regulations, and would not result in
detrimental impacts on the public's health, safety, and general welfare. Accordingly, it made
findings and conditionally approved the Use Permit by a 3-0 vote (Wallen absent, Correl resigned).
APPEAL OF DECISION: Mr. Phil Baldwin has filed a timely appeal to the City Council.
(Continued on page 2)
RECOMMENDED ACTION: Support the Planning Commission decision and deny the appeal.
ALTERNATIVE COUNCIL POLICY OPTION: Sustain the appeal, make the required findings, and
deny the Use Permit application.
Citizens Advised: Publicly noticed according to the requirements of the Ukiah Municipal Code
Requested by: Phil Baldwin
Prepared by: Charley Stump, Director of Planning and Community Development and Brian Keefer,
Associate Planner
Coordinated with' Candace Horsley, City Manager and David Rapport, City Attorney
Attachments:
1. Planning Commission Staff Report, dated June 25, 2003
2. Planning Commission Minutes, dated June 25, 2003
3. Letter of Appeal filed by Phil Baldwin, dated July 2, 2003
APPROVED: ~~t~~~
Candace Horsley, City"M~nager
REASONS FOR THE APPEAL: The appellant identified his reasons for appealing the Planning
Commission's decision in a letter dated July 2, 2003. The text below lists questions or statements
contained in the letter and provides Staff responses.
1. How can there be a second dwelling when no first dwelling exists on this property?
Staff Response: There is currently a primary unit under construction on the site. The current
regulations for second dwelling units do not require that a primary unit exist on the site before the
second unit can be approved. Accordingly, no violation of the regulations occurred when the
Planning Commission acted on the second dwelling unit.
.
Ukiah's second unit ordinance requires that one of the units be owner occupied,
however, as there are no existing livable dwellings on the property, this requirement
cannot be met.
Staff Response: If the proposed second unit is constructed prior to the completion of the primary
unit, it must be lived in by the owner. If it is constructed after the completion of the primary unit, one
or the other must be lived in by the property owner.
3. Only three Planning Commissioners were present to consider the application.
Staff Response: The three Planning Commissioners present at the hearing constituted a quorum.
There was no violation of code or of the Resolution establishing procedures for conducting meetings
(99-01). Ideally, a full Commission is present to discuss and consider development permit
applications. In the case of the Nix second unit Use Permit application, the three Commissioners
present had a lengthy and detailed discussion before making findings and conditionally approving
the application.
.
It is not clear that the pad for the second dwelling unit was legally graded as part of
the Use Permit for the primary residence.
Staff Response: Staff reviewed the Soils Investigation Report and Grading Plan for the primary
residence project, prepared by a professional engineering firm, and found that the area proposed for
the second dwelling unit was included in the soils analysis and grading Plan, and was mapped as a
potential future building site.
5 & 6. As there exists no completed primary dwelling, there is no way to adequately measure
the Cumulative Visual Impacts of the proposed second dwelling unit.
Staff Response: Staff's analysis of the potential visual impacts resulting from the proposed second
dwelling unit revealed that the proposed second could not be seen from the valley below. To
support this analysis, Staff presented photographs of the building site from various locations, as well
as photographs of the valley taken from the building site. The Commissioners visited the site with
Staff's analysis, and agreed that the second dwelling unit would not be visible due to its location,
minimal height, and the presence of mature trees. It is Staff's conclusion that because the second
dwelling unit would not be visible, it would not contribute to cumulative visual impacts.
.
The finding that this second dwelling unit fulfills the General Plan call for cluster
development in the hills is difficult to comprehend.
Staff Response: The General Plan suggests that development projects in the hillside area should
be clustered when feasible. The Planning Commission was comfortable making the finding that the
proposed second dwelling unit constituted a "cluster" development because it was proposed in an
area already disturbed and prepared for development as part of the permit issued for the primary
residence. If the second unit were to be proposed closer to or "clustered" with the primary unit, it
would involve new cutting and filling to develop a building pad, possible vegetation removal, and it
would be situated in a much more visible area, contributing to cumulative visual impacts.
,
The argument that this second dwelling unit will help preserve agricultural land in the
Ukiah Valley is difficult to comprehend.
Staff Response: The Planning Commission made the finding that by carefully approving a rural
second dwelling unit on a 60-acre parcel, existing vacant or underutilized land would potentially be
reserved for higher density development in the urban core of the City, and theoretically it would help
to limit pressure for developing agricultural land. In terms of the cumulative buildout of the City, if
development is excluded from certain areas, one possible scenario is that the development
community will look elsewhere for opportunities, such as the agricultural land adjacent to the City.
,
The finding that the proposed 1000 square foot dwelling with three bedrooms,
attached two car garage, and superb valley view provides additional "affordable
housing" for Ukiah is difficult to understand.
Staff Response: Staff agrees that the proposed second dwelling unit, if rented on the open market
could command a rent that would not be considered "affordable" to many citizens, and therefore this
finding may not be completely supportable. However, it does provide an additional unit of rental
housing to the local housing stock, which could help to reduce the competition for an "affordable"
unit elsewhere in the City. It should be noted that this is not a mandatory finding required to approve
the project.
10.
Hillside Constraints Analysis Study: the area is a high wildland fire hazard area,
second units could increase the possibility of soil erosion, unstable slopes, loss of
native plants, change in views, loss of recreational potential, increased traffic, and
demand for public services.
Staff Response: The Hillside Constraints Analysis Study does indicate as a general observation
that the addition of even some second dwelling units could result in additional soil erosion, slope
instability, loss of native plants, increased traffic, increased demand for public services, loss of
potential recreational land, and increased risk of fire ignitions.
Those observations, however, do not automatically apply to every second unit proposed in the
Hillside Zone. The Staff analysis of this specific proposed second dwelling unit included an
examination of the geology of the site and the potential for soil erosion and slope instability. After
reviewing the geotechnical information and Grading Plan prepared for the site development
associated with the primary residence, staff concluded that the second dwelling was being proposed
in an area anticipated for future development, and would not require cutting, filling, or vegetation
removal, and therefore would not cause soil erosion, slope instability or the removal of native plants.
The analysis also involved contacting the Fire Marshal and public service providers to determine
their abilities to serve the second dwelling unit. All service providers indicated that they could
adequately serve the project. The Fire Marshal required the unit to have a residential fire sprinkler
system, an adequate turn around area, an adequate water supply, and proper signage.
CONCLUSION: Three members of the Planning Commission conducted a public hearing to
consider the Nix Use Permit application to construct a 1,000 square foot second dwelling unit on his
parcel in the hillside zoning district. After visiting the site, carefully discussing the issues and
hearing from the public, the Commission concluded that the second unit was being proposed in a
logical and reasonable area that was stable, not highly visible, would not involve vegetation removal,
and that could be served by all public services. Accordingly, it conditionally approved the proposal
on a 3-0 vote.
Staff, on behalf of the Planning Commission, has considered and responded to questions and
statements contained in the appeal letter, and concludes that the Commission's action was
reasonable and appropriate.
RECOMMENDATION: Support the Planning Commission's decision and deny the appeal.
ALTERNATIVE ACTION'
.
Support the appeal, disagree with the Planning Commission, and deny the Use Permit. To
deny the application, the Council must make the following findings:
a. The proposed second dwelling unit is inconsistent with the provisions of the zoning
ordinance, as well as with the goals and policies of the Ukiah General Plan; and
b. The proposed second dwelling unit is incompatible with surrounding land uses and
would be detrimental to the public's health, safety and general welfare.
The findings must not be vague. They must contain sufficient detail to apprise a reviewing
court of the basis for the action by bridging the analytical gap between the evidence and the
decision-maker's conclusions, and must be based on evidence contained in the
administrative record.
If the Council concludes that it cannot support the Planning Commission's action, it could
make the required findings to support its action, or provide direction to Staff to prepare the
appropriate findings for adoption at a subsequent meeting.
City of Ukiah
Staff Report to the Planning Commission
Nix Use Permit No. 03-17
ITEM NO. 8B
Meeting Date: June 25, 2003
PROJECT SUMMARY: Application to construct a 1,000 square-foot Second Unit on a property in the Hillside
District. (The original application included a 3,200 square-foot metal storage building at another location on the
property, but the applicant has chosen to delete the storage unit from the application.)
PROJECT INFORMATION
APP NO: UP # 03-17
APPLICANT(S):
ADDRESS:
Jim Nix
7 Cherry Ct.
Ukiah, CA 95482
Project Title: Nix Use Permit No. 03-17
CONTACT: Jim Nix
Phone: 707-468-8747
PROJECT LOCATION: 1171 West Standley St.
ASSESSOR PARCEL NO(S): 001-040-01
General Plan Designation: RR (Rural Density
Residential)
DOWNTOWN DESIGN DISTRICT (Y/N): N
REDEVELOPMENT AREA (Y/N): N
PARKING DISTRICT #1 (Y/N): N
HISTORIC/ARCHITECTURAL (Y/N): N
ZONING: R1-H (Hillside Residential)
FLOOD ZONE: Zone C (C/P #060186 0001 E)
FLOOD INUNDATION (Y/N): N
AIRPORT LUP Compatibility Zone: NA
Zone Description: NA
DEPARTMENT RECOMMENDATION: The Planning Department recommends Conditional APPROVAL of Use
Permit No. 03-17 on the grounds that the proposed second living unit is consistent with the Rural Density (RR)
Residential land use designation of the Ukiah General Plan and the use and development standards for the Hillside
Residential Zoning District, it has been sited in a location that is geologically stable, and it will not be significantly
visible from the valley below.
PROJECT DESCRIPTION: The proposed location for the second living unit is on the building site area that was
designed, graded, and compacted, as part of the construction associated with Major Use Permit No. 89-49. The
primary residence approved by Use Permit 89-49 is presently in construction. While some fill was placed on the
north-facing slope adjacent to the building site, the building will be placed on an existing cut pad and set back
approximately 25 feet from the top of the slope. There is no landscaping plan proposed with the application since
the site is located in an area that is being re-vegetated as part of the previous Use Permit. Trees have been
established on the slope to the north of the building site, and have grown up sufficiently to screen the building from
the north.
Access to the second unit site is via Janix Road, the private roadway being improved as part of the HulI-Piffero
Subdivision that leads up the hill and through the subject property, and a driveway that was approved as part of
Use Permit 89-49.
ENVIRONMENTAL DETERMINATION: The City of Ukiah's Environmental Coordinator has determined the
proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), in
accordance with Categorical Exemption Section 15303, Class 3a.
STAFF ANALYSIS
General Plan Consistency: The proposed second living unit is consistent with the goals and implementation
policies of the Ukiah General Plan Land Use Element, including applicable goals and policies for the Rural
Residential land use designation of the General Plan, which permits second dwellings with the approval of a Use
Permit. These policies also include requirements for site review and building placement.
Compliance with R-1H Zone Development Standards: The Zoning Code for R-1H Zone developments requires
a Use Permit with the evaluation of the project for density, circulation and lot requirements, to be determined on an
individual basis utilizing geologic and soils reports, vegetation surveys and aesthetic evaluation. The proposed
location for the second unit is within an area intended for development and included in the geologic and soils
reports and vegetation surveys required as part of Use Permit 89-49.
PROJECT ISSUES: Staff identified a number of project issues during the review and "discovery" process.
These issues included site planning and architecture, potential visual impacts, soil erosion and geology, dust
and air quality, infrastructure requirements, and construction vehicle impacts on the West Standley Street
neighborhood. The development area was "master planned" in Use Permit 89-49 to include extensive drainage
improvements, revegetation, preservation of existing trees, and erosion control.
Visual Impacts: The Ukiah General Plan Open Space/Conservation Policies direct that development be sited
and designed to minimize impacts on views from the valley and Highway 101, and that clearings for roads and
buildings be sited in the least visible and ecologically damaging locations possible. The applicant is proposing
to locate the second dwelling in this project on a portion of a building site cut into a north-facing slope that was
approved and constructed as part of Use Permit 89-49 as explained above. While distant views to the north are
available from the proposed building site, site visits and observations from the valley floor confirm that the
selected site is far less visible than one would expect, due to existing trees and a knoll that extends from the
hillside below the site, which blocks views of the site from the east and from much of the valley floor. From the
distant locations where the proposed building site can be viewed, because of the distance and relative size of
the proposed structure, it will be difficult to discern with the naked eye. As conditioned, any outdoor lighting will
be subdued and directed downward and away from offsite areas.
Major Use Permit Application No. 03-17
L [-~70 'ON uo!leo.qddv ~,.ttUaad asfl ao!eIAI
· suo!leOOl el!s-jjo lSOLU LUOJJ ~,!un puooes eq~ ueeJOS ol MO J6 O1 enu!luoo ol see J1 6u!ls!xe
eql seled!o!lue JJelS pue 'suo!leOOl el!$-JJo luel$!p LUOJJ elq!S!A aq PlnOM UO!lJod e /qUO 'Jal!eJ1
Jo 1see eql ol puelxe II!M 6u!Pl!nq eql eI!LIM 'oloqd eql u! elq!S!A 1OU S! pue 1!un puooes eql Jo uo!leOOl eleuJ!xoJdde
~41 Je ps~jJed SCM Jgl!eJ1 ~JonJ1 e 'ug~jel SCM olo4d 941 aw!l a41 1V 'soaJ1 941 ~q uapp!q ~llSOW pue 11!4 941 UMOp
JgMOI S! uo!leool 1!un puooas a41 'uo!lonJlsUOO u~ MOU aou9p!s9J ~ewIJd 94:J jo IleM e jo do1 941 s! l!un puooas
941 jo uo!leool p9sodoJd ~41 JegU 9~,!4M §upeadde loa[qo a4/ '1Ol ~upjJed lOO4Os 4l~!l_j 4epJrJ ~4~, jo pu9 4)nos
~41 woJj u9~tel SeM MOl9q olo4d 941 '$e9Je al!s-J~o woJj §u!Pl!nq ~41 u9aJOS/q~,uap!jjns o1 4§noua lie1 UMOJ§ aAe4
'6~-6B ~,!WJ9cl 9srl 4~,!M pale!oosse UO!lela~9A~J ~4~, JO 1Jed se 'uo!leOOl 1!un puooas pgsodoJd ~41 jo 41JOU
9dolS-UMOp ~41 uo Pa4S!lqelsa sa9J1 'u99s aq PlnOO aJnlonJls ~41 9J94M woJj $1B~JJB WOJJ aouels!p ~41 ol uo!l!ppe Ul
(Photo taken from edge of building site facing north)
Photo on prior page taken from Ukiah High
School parking
Site Planning and Architecture: The proposed second living unit is a single story building, 14 feet tall at the
roof peak, 1,000 square feet plus garage, with sloped standing seam metal roofs and Hardieplank, horizontal,
smooth finish siding. While the applicant has indicated a desire to remain flexible on the choice of color, the
colors proposed on the plan are a light beige (shown as "Windmill") siding, white trim, and a dark green (shown
as "Moss" green) metal roof. Staff agrees that the proposed earth-tone colors will help the building blend in with
the surrounding landscape.
The site planning for the building does not require any additional disturbance beyond that included in Use Permit
89-49. Additionally, the placement of the residence is designed to take advantage of passive solar opportunities.
Staff is able to conclude that while the site planning is somewhat "typical" of hillside development and generally
devoid of innovation, it basically fulfills the intent of the hillside district.
Soil Erosion/Geology: The grading of the area where the proposed building site is located was included in the
Geologic and Soils Reports and the Grading Plan submitted and approved with Use Permit 89-49, and the
proposed building site is located in an area of cut, 25 feet back from the top of a slope covered with a thin layer of
fill. While no additional grading is required to construct the structure, in order to ensure compliance with the
erosion control guidelines of the previous Use Permit, the applicant has submitted a letter stating that necessary
measures will be taken to prevent erosion and sedimentation do not occur during construction. This letter has
been reviewed and found acceptable by the Department of Public Works, and is included as an attachment to
this Staff Report.
Dust and Air Quality: While no grading is required for the construction of the proposed second unit, Staff
recognizes that there is potential for generation of dust and/or airborne particles from the site preparation,
foundation development, and driveway surfacing activities; therefore, Condition of Approval Nos. 12- 16 have
been recommended to ensure compliance with the Air Quality Management District's regulations.
Maior Use Permit Application No. 03-17
Infrastructure Requirements: Required utility services are available at the primary residence and will be
extended to the proposed second unit. The applicant has indicated that the existing water supply for the primary
residence is sufficient to also supply the second unit, but verification of this supply is necessary, and since the
final sewage disposal system has not yet been determined, Staff recommends Condition of Approval No. 22, to
ensure that a legal water supply and sewage disposal system has been established prior to the issuance of a
Building Permit.
In terms of fire protection, the applicant has proposed a fire truck turn-around adjacent to the proposed second
unit, and a fire hydrant is located adjacent to the driveway accessing the primary residence and the proposed
second unit, which the City of Ukiah Fire Marshal has indicated is adequate to serve the second unit. The Fire
Marshal is also requiring the residence to have an interior sprinkler system, and other measures to ensure
adequate fire protection. In addition to the PRC comments from the Fire Marshal, he has indicated that the Iow
water tank level alarm notification system must be installed in the proposed second unit. This is the system that
notifies all residents and occupants of the homes supplied by the private water system at the Hull/Piffero
Subdivision when the fire safety level is Iow in the tank. Staff addresses this alarm system with recommended
Condition of Approval No. 21.
Impacts on the West Standley Street Neighborhood: During the construction phases of the Hull residence
and improvements to the existing access road, Staff received a number of complaints concerning speeding
construction vehicles and trucks depositing debris on West Standley Street, which Mr. Hull and Mr. Piffero
worked diligently to correct. And, while Staff is certain that the current applicants are aware of these past
problems, Staff is recommending a number of conditions to preclude these impacts during construction activities.
CONSISTENCY WITH THE INTENT OF THE HILLSIDE REGULATIONS: The following text describes the
projects' consistency with the intent of the Hillside Zoning Regulations:
A. Encourage concentration of dwellings and other structures by clustering and/or high-rise to help
save larger areas of open space and preserve the natural terrain.
The location of the proposed second living unit is within an area that was cleared and graded as part of
Use Permit 89-49, which approved the primary residence now in construction, and therefore satisfies the
intent of clustering dwellings. Because the proposed location of the second living unit is in an area
previously developed as a "building site", no additional clearing or disturbance is required to facilitate the
development.
a.
Encourage the planning, design, and development of building sites in such a fashion as to
provide the maximum in safety and human enjoyment while adapting development to, and taking
advantage of, the best use of the natural terrain.
While the design and grading of the development area that was approved by Use Permit 89-49 would
not necessarily satisfy the high standards presently imposed on development in the Hillside District for
minimal grading and disturbance, the proposed second unit does not require additional clearing or
grading, and is placed to take advantage of distant views of the valley to the north, without creating
significant additional visual impact from the valley.
C. Prohibit, insofar as is feasible and reasonable, padding or filling of building sites in the hillside
areas.
Grading is not required for the construction of the building, which is proposed to be located on an
existing, previously approved and constructed "pad". And while this pad would not satisfy the high
standards presently imposed on development in the Hillside District, the existing pad where the building
would be located is in an area of cut, so no fill was placed for the building site.
D. Ensure underground installation of utility wires and television lines.
All utility lines will be placed underground.
Maior Use Permit Application No. 03-17
E.
Em
G.
H.
Preserve outstanding natural physical features, such as the highest crest of a hill, natural rock
outcroppings, major tree belts, etc.
No grading or disturbance of natural features is required for the project, as the site is in an area that
was previously disturbed.
Minimize grading and cut and fill operations consistent with the retention of the natural character
of hill areas.
No additional grading is required by the project, and the development was "master planned" as part of Use
Permit 89-49 to include extensive drainage improvements, revegetation, preservation of adjacent forested
areas, and erosion control. Since no additional disturbance is required, Staff is able to conclude that the
proposed development basically fulfills the intent of the hillside district.
Minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet
on-site and off-site development needs.
The drainage for the building site area was established as part of Use Permit 89-49 and the drainage for
this area is now collected in approved subsurface drainage structures, so the development of the
proposed building will not result in additional water runoff. And, as mentioned previously in this report,
while no additional grading is required to construct the structure, in order to ensure compliance with the
erosion control guidelines of the previous Use Permit, the applicant has submitted a letter stating that
necessary measures will be taken to prevent erosion and sedimentation do not occur during construction.
This letter has been reviewed and found acceptable by the Department of Public Works, and is included
as an attachment to this Staff Report.
Achieve land use densities that are in keeping with the General Plan; densities will decrease as
the slope of the terrain increases in order to retain the significant natural feature of the hill areas.
The previously approved primary residence and the proposed second unit results in a density that is far
less than the maximum allowed in the Hillside District for the 60 acre subject parcel.
CONCLUSIONS' The project applicants are proposing to develop a single story second living unit on a 60 area
parcel in the hillside zoning district. The location for the building within the area intended for development by
Use Permit 89-49, was selected to take advantage of views to the valley, minimize visibility from the valley floor,
avoid grading, and to protect the nearby trees on the site. The proposed development makes good use of an
area previously disturbed and prepared for development to provide tasteful affordable housing in the hillside
area.
FINDINGS:
1. The proposed project is consistent with the provisions of the City Zoning Ordinance and the goals
and policies of the General Plan for the following reasons:
a,
The proposed development constitutes affordable housing, which is a high General Plan priority; it
would result in hillside development that conserves and preserves substantial amounts of natural
hillside acreage; and, as the process is exempt from the requirements of the California
Environmental Quality Act (CEQA), it would not, as conditioned, have significant adverse impacts
on the environment.
b.
The proposed development provides a rural second residential unit development on a 60 acre
parcel, which would help reserve existing vacant residentially zoned land in the core areas of the
City for higher density residential development, and theoretically help to limit any pressure for
developing the agricultural lands to the east.
Major Use Permit Application No. 03-17
,
c. The proposed development of a second living unit on a previously established building site area
preserves large open areas of the natural environment on the subject parcel.
do
The site planning and design of the proposed development provides the maximum safety possible
because the home will be developed with a residential sprinkler system, a fire truck turn around,
defensible space/vegetation management included as part of Use Permit 89-49, and fire resistive
building materials.
e.
The site planning and design of the proposed development provides human enjoyment while
utilizing the natural terrain because the home site is situated on one of the most level portions of
the property, takes advantage of distant views, and the proposed driveway follows the natural
contours of the land.
f. Special natural physical features of the land, such as rock outcroppings, established trees, and
the high crests of hills will be preserved, as no additional disturbance is necessary.
g,
No grading, cut, or fill operations are required, water runoff will be controlled and directed to an
existing underground drainage system, and erosion will be minimized because little disturbance is
required to construct the building and the erosion control measures will be implemented.
ho
The proposed development, as mitigated, will not cause significant adverse visual impacts
because it is set on a pad that is not readily visible from the valley below, is screened from much
of the valley floor by a knoll and existing trees, will be painted a color to blend with the
surrounding natural environment, and is single-story in height. Moreover, all utilities will be placed
underground.
i. The proposed development, as mitigated, is consistent with the purpose and intent of the hillside
zoning regulations as detailed on page 5 and 6 of this Staff Report.
The proposed residential land use is compatible with surrounding land uses and would not be
detrimental to the public's health, safety and general welfare for the following reasons:
a,
The area soils, geology, hydrology, vegetation, animal life, and other natural features of the land
were comprehensively analyzed by a professional geotechnical engineer, civil engineer, and other
qualified professionals in Use Permit 89-49, and they concluded that the site is suitable for
residential development, and will not adversely impact the properties or people below or
surrounding the site.
b. The City Fire Department has indicated that they can provide adequate fire protection services to
the proposed project.
CONDITIONS OF APPROVAL:
General Conditions
The Plans submitted for a Building Permit and all subsequent construction shall be in substantial
compliance with the plans approved herein, labeled Exhibit "A" in the Nix Use Permit 03-17 file, on
file with the Ukiah Department of Planning and Community Development.
.
All road and infrastructure construction shall comply with the "Standard Specifications" for such type
of construction now existing or which may hereafter be promulgated by the Engineering Department
of the City of Ukiah, except where higher standards are imposed by law, rule, or regulation or by
action of the City Council.
.
No site preparation or construction/improvements (road, grading, drainage, utilities, etc.) shall be
performed without the approval of a Site Improvement/Grading Permit from the Department of Public
Major Use Permit Application No. 03-17 I--7
Works as applicable. The applicant shall take measures to assure that erosion and sedimentation
do not occur, and that control measures shall conform to the State of California Regional Water
Quality Control Board, Erosion and Sediment Control Manual.
4. The applicants shall obtain any permit or approval which is required by law, regulation, or Ordinance,
required by local, State, or Federal agency.
.
All areas of circulation shall be paved with a minimum of 2" (inches) of asphalt concrete over a 6"
(inch) aggregate base, which may be deferred until completion of construction of the primary
residence, provided an all weather surface be installed on areas of circulation to the second dwelling
unit including the fire truck turn-around, to meet the requirements of all applicable laws and the
approval of the Director of Public Works and the Fire Marshal prior to the issuance of a Certificate of
Occupancy.
.
In addition to any particular condition, which might be imposed, any construction shall comply with all
building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect
at the time a Building Permit is approved and issued.
o
A Building Permit for the development shall be issued within two years after the effective date of the
Use Permit, or the Use Permit shall be subject to the City's permit revocation process and
procedures. In the event the Building Permit cannot be issued within the stipulated period from the
project approval date, a one year extension may be granted by the Director of Planning if no new
circumstances affect the project which otherwise would render the original approval inappropriate or
illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the
Planning Department prior to the two-year expiration date.
,
The approved Use Permit may be revoked through the City's revocation process if the approved
project is not being conducted in compliance with the stipulations and conditions of approval; or if the
project is not established within two years of the effective date of approval; or if the established land
use for which the permit was granted has ceased or has been suspended for twenty four (24)
consecutive months.
,
Except as otherwise specifically noted, the Use Permit shall be granted only for the specific
purposes stated in the action approving the Use Permit and shall not be construed as eliminating or
modifying any building, use, or zone requirements except as to such specific purposes.
10. All drainage shall be directed to the existing underground drainage system or to the approval of the
City Engineer.
11. All Conditions of Approval of Use Permit 89-49 remain in full force and effect.
Air Quality Conditions
12.
All activities involving site preparation, excavation, filling, grading, road construction, or building
construction shall institute a practice of routinely watering exposed soil to control dust, particularly
during windy days.
13. All inactive soil piles on the project site shall be completely covered at all times to control fugitive
dust.
14.
All activities involving site preparation, excavation, filling, and/or construction shall include a program
of washing off trucks leaving the construction site, to control the transport of mud and dust onto
public streets.
15.
Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be
used for earth moving, site preparation, and paving area preparation operations.
Major Use Permit Application No. 03-17
16. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts)
exceed 25 miles per hour.
Visual Quality Conditions
17. Existing trees shall be retained to sufficiently screen the building site from the valley.
18.
The final colors selected for the residence and any future accessory buildings shall blend with the
surrounding natural environment. Prior to painting the residence, the applicants shall paint a
"swatch" on one of the walls, and call for an inspection by Planning Department Staff. The color
shall be in substantial conformance with the color evaluated herein, and shall blend with the
surrounding natural environment.
19. All outdoor lighting, associated with the development shall be subdued and directed downward and
away from offsite areas.
Infrastructure Conditions
20.
The proposed project shall comply with all the requirements of the Ukiah Fire Department, and the
applicable comments included in the Plan Review Comments prepared by Fire Marshal Chuck
Yates, dated May 13, 2003 (attached), and the Iow water tank level alarm notification system must be
installed in the proposed second unit. This is the system that notifies all residents and occupants of
the homes supplied by the private water system at the Hull/Piffero Subdivision when the fire safety
level is Iow in the tank.
21.
Prior to the issuance of a Building Permit, the applicants shall submit evidence of a legal and
adequate water supply and sewage disposal system to serve the second unit. This evidence must
be submitted to the Planning Director prior to the issuance of a Building Permit.
22. All utilities shall be placed underground.
West Standley Street Conditions
23. The applicants shall prepare written instructions for all contractors involved with the construction of
their residence listing the following:
a. No debris from trucks shall be deposited on West Standley Street, and any debris inadvertently
deposited shall be immediately cleaned up.
b. All construction vehicles shall observe the speed limit along West Standley Street at all times.
The applicants shall be responsible for ensuring that all contractors comply with these instructions.
Failure to comply with these instructions may result in a halt of routine inspections and or possible
revocation of the Use Permit.
ATTACHMENTS:
1. Erosion Control Commitment Letter from Applicant.
2. Project Review Comments received from Chuck Yates, Fire Marshal, Ukiah Fire Department, dated
May 13, 2003.
3. Project Review Comments received from Tim Eriksen, Civil Engineer, Department of Public Works,
dated May 13, 2003.
Site Plan, Floor Plan, and Elevations, dated 4/16/03.
.
Staff Report
Prepared By: Brian Keefer, Associate Planner
Major Use Permit Application No. 03-17
Jim Nix
7 Cherry Crt.
Ukiah, Ca 95482
05-14-03
Dianna Steele:
RE: MUP#03-17: Nix Second Unit
I, Jim Nix, the owner of parcel 001-040-01 will be responsible for undertaking
any measures necessary to assure that erosion and sedimentation do not occur.
Control measures shall conform to the State of California Regional Water
Quality Control Board, Erosion and Sediment Control Manual.
Jim Nix
/-/O
City of Ukiah
UKIAH FIRE DEPARTMENT
PROJECT REVIEW COMMENTS
PROJECT:
APP NO.:
LOCATION:
DATE:
REVIEWED BY:
Home & Storage Bldg.
03-17
Janix Dr.
5-13-03
Chuck Yates, Fire Marshal
Fire Department Project Review Comments are best recommendations based upon the
information submitted, and do not constitute binding conditions or approval of any aspect
of the project. Specific conditions, requirements and approvals are conducted only upon
receipt of plans in conjunction with an Application for Building Permit.
Project review fees for this use permit are calculated and retained and will be applied at the time of approval of the
Building Permit. Any applicable plan review time charges incurred during Project Review are automatically deducted
fi.om Plan Review fees during the Building Permit Application process.
In conversations with Mr. Nix, he has informed me that the plan for the storage building has
been deleted from this review. The Fire Department will allow the construction of a storage
building, according to the applicable codes. Access for emergency response vehicles will be
required and an appropriate hydrant/water supply will be required depending on the location and
size of the structure.
The residence proposed has an emergency vehicle turn around.
The dwelling will need a NFPA 13-R system, with Ukiah amendments (inspector test drain and
pilot heads in the attic space). Garage area sprinkler heads are highly recommended.
Appropriate signage from W. Standley St. to the residence is required. Specifics will be
determined during construction and plan checking.
Interoffice Memorandum
CC:
From:
Date:
Re:
Brian Keefer, Associate Planner
Diana Steele, Director of Public,W~and City En~ ~/~
Tim Eriksen, Civil Engineer
5/13/2003
PRC comments for MUP gO3-17: Nix Second Unit
The Department of Public Works has reviewed the above noted project and has the following comments:
1. All areas of circulation should be paved with a minimum of 2" of AC on 6" of Base. The
applicant is to have these areas paved prior to the certificate of occupancy.
Prior to the issuance of a building permit the contractor or owner will provide a signed letter to
the City of Ukiah stating that the contactor or owner is responsible for undertaking any measures
necessary to assure that erosion and sedimentation do not occur. Control measures shall conform
to the State of California Regional Water Quality Control Board, Erosion and Sediment Control
Manual. The manual is available for review at the City of Ukiah Department of Public Works.
3. These comments are preliminary only. Further comments may be forthcoming based on
additional field review and a more detailed review of the plan documents.
tee
C:~Projects\Permit Files\PLANNINGS003\03-17 Nix Second Unit~PRC Memo.doc
Last printed 5/13/2003 1:54 PM
August 5, 2003
To: City Council, Planning Department, Ukiah City
From: Bruni Kobbe, 1204 Standley, Ukiah
RE: Appeal of Second Unit Use Permit 03-17 (Applic~
scheduled for CC meeting August 6,2003
CITY OF UKIAH
~. ~.!.T~CLERK'S DEPARTMENT
When the Planning Commission (i.e., the three Commissioners
present) approved the above second unit application on June 25, many
pertinent questions were not clarified or even asked. Planning staff also
did not provide adequate information about safety and environmental
impact.
For example, no information was provided about the stability of the
building pad. By staff's own admission, it would not be approved today.
The means of sewage disposal is still undecided, as is the water supply.
The development has already had a significant impact on the water flow
and quality of Gibson Creek. Given the past history of this development, it
seems prudent to clarify these critical aspects before a use permit is
issued. Much was made of the screening of the building site provided by
trees. Trees can be cut down, as the applicant has amply demonstrated on
other parts of his property. The impact of increased traffic was deemed
insignificant. To those living in the Gibson Creek canyon neighborhood, any
additional car trips on narrow Standley Street and up the steep road
facing the canyon are significant. The applicant, as well as the subdivision
sharing the same road, are already having a substantial noise impact on
our neighborhood.
These are some of the issues that need to be addressed and
enforcable restrictions need to be instituted before issuing a use permit.
For the record, I would like to add to the incident of harassment
related at the Planning Commission meeting by speaker Daniel. I too have
had to endure drive-by honkings and shoutings by the applicant.-
Also, the applicant has forced the City to spend close to ten
thousands of dollars clarifying a right-of-way on Standley Street but is
now refusing to negotiate a reasonable solution. The applicant has
constructed fencing, sprayed herbicide, and inflicted more than a dozen
"No Trespassing" signs on trees--all in the City's right-of-way.
It is the duty of Staff and Council to protect the welfare of all
citizens and should therefore proceed with utmost caution and diligence.
July 2, 2003
To: City of Ukiah and Ukiah Planning Department
I appeal the June 25th Planning Commission approval of Major Use Permit #03-17 submitted by
James Nix for a second unit in the hills above Standley Street. Among the reasons for this appeal are
the following.
1. How can there be a second dwelling when there exists no first dwelling on this property?
2. Ukiah's second unit ordinance requires that one of the units be owner occupied, however,
as there are r~o existing livable dwellings on the property, this requirement cannot be met.
3. With one vacancy and and one absence, only three Planning Commissioners were present
June 25th to hear this possibly precedent setting application.
It is not clear that the pad for the proposed second dwelling - located on different elevation
from the pad for the foundation of the first dwelling - was legally graded under approval of
Use Permit #89-19.
o
As there exists no completed first dwelling, there is no way to adequately measure the
cumulative visual impacts of the proposed second unit. Additionally, there is a contradiction
between'the growing of trees to screen the proposed dwelling and the marketing value of
its view of the valley.
.
The applicant has, with the construction of a massive chain link fence spanning Gibson
Creek, not only created a barrier to migrating deer, but has marred, if not destroyed, a treasured
vista of Gibson Creek Canyon, failing to demonstrate a concern for visual impact.of private
projects on the community. This is relevant to the possible impact of the approved first
dwelling, the proposed second dwelling, and a probable gigantic storage building, withdrawn
from this application for cost reasons only.
7. The finding that this second unit fulfills the General Plan call for cluster development in the
hills is difficult to comprehend.
8. The argument that this second unit approval will help preserve agricultural land in Ukiah
Valley is even more difficult to comprehend..
The finding that the proposed 1000 square foot dwelling with 3 bedrooms, attached two
car garage, and superb valley view provides additional "affordable housing" for Ukiah is
equally difficult to understand.
The recent Ukiah Western Hillside Constraints Analysis states that the proposed site
is within "a Very High Fire Hazard Severity Zone" and that" it is possible to likely that
new residences would be destroyed by a major wildfire... There is no to little chance that
firefighters would try to make a stand at residences surrounded by heavy fuels on steep
slopes if a major fire was threatening the area. The development of 66 new homes and future
residential use of those homes will substantially increase the risk of fire ignitions in the area.
The more new residences allowed in the Study Area, the more homes and lives that will be
at risk and the greater the risk of a wildfire starting in the Study Area. The existing ability
to construct second homes on legal parcels could more than double the number 0f new homes
in the Study area ... the addition of even some additional secorld residences would result in
even more environmental effects as regards erosion, slope stability, loss of native plant
habitat, increased risk of fire ignitions~ increased numbers of people and residences at risk
from a wildfire, changes in views, loss of recreation potential, increased traffic on residential
streets, and demand for public services."
t111
CIT'.,' OF I.IKt~H
C rT'r' r.." ~. ;! i.'. i,i't'-; DET~ARTMENT
Phil Baldwin
Daniel de la Peza, Ukiah, favored approval of the project, noting/t'{ would enhance the
Downtown area. He inquired whether the sidewalk would be bloclYed by the placement of
the dining tables. He expressed concern relevant to the four-foot e(ccess width.
Chairman Mulheren replied the sidewalk would be blocked oh"the section where the tables
are placed to include a four-foot access width around the.&uter perimeter. Many of the
sidewalks on State Street have less than a four-foot "pathWaY width on them."
Allen Cooperrider, Ukiah, welcomed the project,~/stating the proposed design is
aesthetically pleasing and would compliment the down(own core. His only concern was that
pedestrians walking along the sidewalk would be able to get by the outdoor dining area.
·
PUBLIC HEARING CLOSED: 6:44 p.m
/
Commissioner Chiles agreed with the s,t,~ff report, including the project conditions
implemented for the project.
/
/
Commissioner Edwards supported ap~oval of the outdoor dining area, and stated the
sidewalk access width would be ample,,,~fter reviewing the site and envisioning the project.
Chairman Mulheren also suppo,rt~d the project, noting that sidewalk/outdoor dining
facilities have become very populaFi
/
Commissioner Chiles inquired/'~egarding the sidewalk and whether the four-foot width was
an ADA requirement. He furt ,her inquired regarding the square footage requirements for the
inside of the fence relevant t~the servicing area.
Mr. Lohse replied affirmatively relative to the ADA sidewalk width requirements. There
were no specific square/footage requirements concerning the seating and serving areas,
noting ADA requiremer~s pertain to public access. He addressed the interior access, noting
there would be adeq~te seating for anyone in a wheelchair by virtue of table placement.
/
Commissioner C~iles inquired whether a three-foot width would be adequate for
wheelchair acce~,~.
Mr. Lohse rel~ed affirmatively. The tables would be adjustable to provide for extra space
should there/~e a need.
/
ON A M(~TION by Commissioner Edwards, seconded by Commissioner Chiles, it was
carried b,~ an all AYE voice vote of the Commissioners present to approve Major Use Permit
No. 03-?_4 with Findings 1-11 and Conditions of Approval 1-11, as outlined in the staff report,
and as//discussed above.
BB.
Major Use Permit No. 03-17, as submitted by Jim Nix to allow the construction of a
14-foot tall, 1,000 square-foot residential second dwellinq unit at 1171 West Stanley
Street (Assessor Parcel No. 001-040-010) in the Hillside Zoninq District.
Associate Planner Keefer reported approval of the Use Permit would allow the
construction of a 1,000 square foot Second Unit on a property in the Hillside District. He
noted the original application included a 3,200 square-foot metal storage building at another
location on the subject property, but the applicant withdrew the storage building for the
MINUTES OF THE PLANNING COMMISSION
Page 4
June 25, 2003
project. The Planning Department recommended conditional approval of the project on the
grounds that the proposed second living unit is consistent with the Rural Density (RR)
Residential land use designation of the Ukiah General Plan and the applicable use and
development standards for the Hillside Residential Zoning District, which permit second unit
dwellings with the approval of a Use Permit. Project approval is subject to Findings 1-2,
Conditions of Approval: General Conditions 1-11, Air Quality Conditions 12-16, Visual
Quality Conditions 17-19, Infrastructure Conditions 20-22, and West Standley Street
Condition 23, and Consistency with the Intent of the Hillside Regulations A-H. The site will
be developed in a location that is geologically stable, and will not be significantly visible from
the valley below.
Mr. Keefer addressed the project description, noting the proposed second unit is on the
building site area that was designed, graded, and compacted as part of the construction with
Major Use Permit No. 89-49. The primary residence approved Use Permit 89-49 is
presently in construction. The building will be developed on an existing cut pad and set
back approximately 25 feet from the top of the slope, and some fill was placed on the north-
facing slope adjacent to the building site. No landscaping plan is proposed for the project
since the site is located in an area that is being re-vegetated as part of the previous Use
Permit, and the trees established on the northern slope of the site have grown up sufficiently
to screen the building from the north.
Mr. Keefer reported on staff's analysis, noting the Zoning Code for R-1H Zone
developments require a Use permit with the evaluation of the project for density, circulation
and lot requirements to be determined on an individual basis utilizing geologic and soils
reports, vegetation surveys and aesthetic review. The second unit development would be
located within an area where the aforementioned geologic and soil reports and vegetation
surveys would be applicable.
Mr. Keefer addressed the project issues to include planning architecture, potential visual
impacts, soil erosion and geology, dust and air quality, infrastructure requirements, and
construction vehicle impacts on West Standley Street. The development area includes
extensive drainage improvements, revegetation, preservation of existing tree, and erosion
control, as part of Use Permit 89.49. The Ukiah General Plan Open Space and
Conservation Policies require that developments be situated and designed to minimize
impacts on views from the valley and Highway 101. Additionally, the clearings for roads and
buildings should be sited in the least visible and ecological damaging locations possible.
The selected site is less visible to the valley than expected, due to the existing trees and a
knoll that extends from the hillside below the site, which blocks views of the site from the
east and from much of the valley floor. Any outdoor lighting will be subdued and directed
downward and away from offsite areas.
Mr. Keefer drew attention to page 3 of the staff report relative to the photograph of the site
taken from the southern end of the Ukiah High School parking lot, demonstrating the second
unit location is barely visible. The object appearing white near the proposed location of the
second unit is the top of a wall of the primary residence now in construction. The second
unit location is lower down the hill and mostly hidden by the trees. He noted the photograph
exhibits a truck trailer parked at the site, which is not visible. Only a portion of the second
unit would be visible from distant off-site locations, noting the residential unit would be
developed to the east of the truck trailer, as the trees have grown significantly to screen the
site from view.
MINUTES OF THE PLANNING COMMISSION June 25, 2003
Page .5
Mr. Keefer addressed the site planning and architecture, noting the proposed earth-tone
colors will help the residential unit blend in with the surrounding landscape. The site
planning for the second dwelling does not require any additional disturbance beyond that
included 'in Use Permit 89-49.
Mr. Keefer commented on the soil erosion and geology aspects of the project, noting the
unit would be set on a cut pad where some fill was previously placed on the down slope
below the pad. The unit would be set back approximately 25 feet from the edge on a stable
cut slope, which was included as part of the geology report for the original Use Permit to be
constructed accordingly. The only soil disturbance necessary for the development would be
the digging of the foundation for the building. However, to ensure compliance with the
erosion control guidelines for the original Use Permit, the applicant has submitted a letter
stating that necessary measures will be taken to prevent erosion and that sedimentation will
not occur during construction. The Public Works Department found this approach to be
acceptable. There will be little dust generated from construction and measures have been
taken to ensure dust and/or airborne particles from the site preparation, foundation
development and driveway surfacing activities are maintained at a minimum, as required in
Conditions of Approval 12-16.
Mr. Keefer also commented on the infrastructure requirements, stating the required utility
services available at the primary residence will be. extended to the second unit. It was noted
the existing water supply for the primary residence would be sufficient to supply the second
unit, but verification of this supply is necessary, since the final sewage disposal system has
not yet been determined. Prior to the issuance of the Building Permit, the applicant must
submit verification that a legal water supply and sewage disposal system have been
establish, as provided for in Condition of Approval No. 22.
Mr. Keefer reported the applicant has proposed a fire turn-around adjacent to the proposed
second unit in addition to a fire hydrant located adjacent to the driveway accessing the two
residential units that has been approved by the City Fire Marshal. Other fire protection
measures taken include the requirement that the residence have an interior sprinkler
system, and that a Iow water tank level alarm notification system be installed in the
proposed second unit, as provided for in Condition of Approval No. 21. The water tank level
alarm notifies all residents and occupants of the homes supplied by the private water system
at the Hull/Piffero Subdivision when the fire safety level is Iow in .the tank.
Mr. Keefer commented on the impacts on the West Standley Street neighborhood, noting
staff is certain that the current applicant is aware of past problems concerning construction
vehicles, and a number of project conditions would preclude these impacts during the
construction phase.
Chairman Mulheren inquired whether the City has any influence over the applicant to
encourage them to hook into the Hull/Piffero effluent line as opposed to implementation of a
leach field system.
Planning Director Stump replied the Planning Commission could suggest this approach to
the applicant.
PUBLIC HEARING OPENED: 6:58 p.m.
Jim Nix, Ukiah, applicant, welcomed questions concerning his project.
MINUTES OF THE PLANNING COMMISSION
Page 6
June 25, 2003
Chairman Mulheren inquired regarding roadway improvements, and whether the applicant
intends to utilize the recommended all-weather surfacing approach.
Mr. Nix agreed with the all-weather surfacing method concerning roadway improvements.
Chairman Mulheren inquired whether the applicant intended to hook into the Hull/Piffero
effluent line as opposed to implementing a leach field system.
Mr. Nix has a current separate septic system permit issued from the County for the site, and
he has not decided whether to use it. He favored the concept of hooking up to the
Hull/Piffero effluent line, noting, however, problems have arisen as to the number of hook-
ups allowed for the system.
Commissioner Chiles inquired from a financial point whether it was more feasible to hook
into the effluent line than to develop a leach field system.
Mr. Nix replied it is more costly to hook into the effluent line. He has agreed to be
responsible for paying a percentage of the effluent line up to the point where he is proposing
the hook-up, and additional hook-up costs would be required to complete the process.
Mr. Nix stated he anticipates the earth moving should be completed prior to the paving of
the roadway in August.
Daniel de la Peza briefly commented on an incident that occurred between he and the
applicant earlier today.
It was noted the incident was not related to the Use Permit discretionary review.
Mr. de la Peza was not in support of the project, and commented on existing visual impacts
from the valley floor below. He questioned whether approving a second unit prior to
completion of the primary unit may be setting a precedence. He recommended waiting for
the eventual compliance of the existing Use Permit 89-49 to ensure all the project conditions
of approval have been appropriately met, prior to allowing the applicant to build the
proposed second unit.
Commissioner Chiles inquired whether the applicant has complied with the building permit
requirements issued concerning the primary unit.
Mr. Stump replied affirmatively, although inspections are ongoing.
Commissioner Chiles stated the issue of whether the primary unit is completed is not
relevant to Use Permit 03-17.
Mr. de la Peza addressed the water issue, and inquired as to the water supply source for
the second unit. He further addressed the City Fire Department requirement of providing for
an alarm in the home should the private water system at the Hull/Piffero Subdivision fire
safety level become Iow in the tank. He requested clarification as to agreement between the
neighbors concerning the water tank and the water source, noting if the water would not
come from the tank, it would come from Gibson Creek. He noted providing emergency
services would be difficult without the roadway, commenting negatively regarding the
MINUTES OF THE PLANNING COMMISSION June 25, 2003
Page 7
Hull/Piffero project and the actions taken regarding approval of the Hull residence, including
the subsequent improvements to the existing roadway.
Chairman Mulheren requested that audience comments pertain to the subject matter being
heard tonight.
Mr. de la Peza questioned whether hillside safety measures are adequately in place for
emergency service providers and the community. He commented that residential hillside
development creates visual impacts to persons living on the valley floor that significantly
interferes with the natural beauty of the terrain. He recommended denial of the project.
Marlene Werra, Ukiah, recommended approval of the project, noting it has been very costly
for the applicant to build his primary residence in the hillsides due to the stringent rules and
regulations imposed for development. She stated a reason why the primary residence is not
completed may be attributed to finances, and suggested the applicant be "given the benefit
of the doubt" for his efforts to comply with the hillside development standards.
Dave Hull, Ukiah, expressed disagreement with Mr. de la Peza's above-referenced
comments. He addressed the issue concerning the size of the water tank, noting it is not
visual from the valley floor.
Robert Werra, Ukiah, stated he has been attending discretionary review of hillside projects,
including public workshops relative to the Hillside Regulation Revisions, noting the
procedures have been both "enlightening and discouraging." He can relate to the applicant's
"battle regarding the opposition for those persons not wanting any homes developed in the
western hillsides." He commented on the cost element associated with hillside development,
and mentioned that the reason the applicant's project may be construed as an "end run" is
due to the approach of the Ukiah City Council concerning the matter of second units. He
stated the City Council is anxious to complete the Hillside Ordinance revisions before the
deadline when State law goes into effect, whereby they can take no action regarding the
development of second units. Furthermore, he stated the applicant's project may be the
"target" concerning the controversial issue of second units.
Commissioner Edwards requested clarification regarding whether the application for the
second unit Use Permit was filed before the Ukiah City Council received any information
concerning the State ruling on second units.
Mr. Keefer inquired whether the Commission desired staff comments concerning the issues
discussed above.
The Commissioners replied affirmatively.
Mr. Keefer addressed the comment of the second unit being developed prior to the
completion of the primary unit, noting there is no documentation in the UMC that allows or
requires the City to refuse a second unit permit before a first one is completed or for the
applicant to complete a second unit before the primary dwelling is completed. He further
addressed the comment regarding adequate emergency access and fire prevention to the
project, noting the applicant has indicated one of the reasons, in addition to the financial
burden of being able to complete the primary residence, is to develop a smaller second unit
so that someone can live on the property for fire safety prevention purposes. He clarified
the applicant has his own water storage tanks, which add to the water storage capacity.
MINUTES OF THE PLANNING COMMISSION
Page 8
June 25, 2003 ~"- ~
Commissioner Chiles inquired whether the Hull/Piffero and Mr. Nix's water storage
systems are linked.
Mr. Keefer replied affirmatively. It was his understanding that the water from the Hull/Piffero
tank feeds Mr. Nix's water tank, including the fire hydrant on his property.
Mr. Keefer commented on the project visual impact issue, noting the project was virtually
invisible from sight at various locations. The reason a photograph of the project site was
taken from the Ukiah High School parking lot was because this was the only area visual
above the tree lines from the site. In other words, it was the closest point that the site could
be seen facing north, and so the worst case for the picture would be the best to show in the
staff report. Anywhere else where people live is further away or parallel to the High School
from where the site can be seen.
Chairman Mulheren agreed with staff's analysis concerning the project's viewshed from the
valley floor.
Commissioner Chiles stated the applicant has indicated there have been numerous
occasions of vandalism to his property, and this is one of the reasons why he proposed a
second unit. He further stated, regarding his site visit, that the project would probably not be
visible at all once the trees have grown substantially.
Mr. Keefer indicated it was difficult to discern the location of the project site even with high-
powered binoculars from the High School parking lot. The project design and color scheme
together with tree growth would virtually reduce any visual impacts from the valley floor
and/or eventually completely screen the project.
Commissioner Chiles commented regarding affordable housing, noting the applicant may
hire a caretaker to live in the second unit, once the entire project is completed.
Chairman Mulheren commented on the issue of the State's recent ruling concerning
second units. He stated since the City Council decided not to take urgent measures
concerning the introduction of the revised Second Unit Ordinance and adopt the Ordinance,
as recommended by the Planning Commission, the applicant could have had his second
unit Use 'Permit issued without the discretionary review process as of July 1.
PUBLIC HEARING CLOSED: 7:55 p.m.
ON A MOTION by Commissioner Chiles, seconded by Commissioner Edwards, it was
carried by an all AYE voice vote of the Commissioners present to approve Major Use Permit
No. 03-17 with Findings 1-2 and Conditions of Approval: General Conditions 1-11, Air
Quality Conditions 12-16 Visual Quality Conditions 17-19, Infrastructure Conditions 20-22,
West Standley Street Conditions 23, as outlined in the staff report, and as discussed above.
8C.
MINUTES OF THE PLANNINC-.-~OMMISSION
Page 9
Major Site Development Permit No. J~-16, as filed by Ukiah Valley Medical Center,
to allow the construction of a 16,00/d square foot outpatient services center that is
designed to house radiology, cqt(ection, and admitting services, as well as two
sumery rooms for outpatient prgd'edures. This facility would be constructed onto the
south side of the existing Uk~ Valley Medical Center, a full service hospital facility
June 25, 2003 '~' -
AGENDA SUMMARY
ITEM NO.:
DATE:
7b
AUGUST 6, 2003
REPORT
SUBJECT:
ADOPTION OF RESOLUTION APPROVING THE PROJECT FEASIBILITY STUDY FOR
THE UKIAH NORTHWESTERN PACIFIC (NWP) RAIL TRAIL
SUMMARY: In November 2002, Alta Planning and Design prepared the Ukiah NWP Rail Trail Project
Feasibility Study for the City of Ukiah. The purpose of this study is to analyze the potential development of
a "rail-with-trail facility" for pedestrians and bicyclists along a 1.61-mile portion of the Northwestern Pacific
Railroad (NWP) property. Specifically, this study is designed to assess the feasibility of placing this trail
next to the railroad tracks that run through eastern Ukiah, from Talmage Road to Brush Street. In doing so,
the study discusses the technical aspects of the project and identifies potential constraints to the project
and proposed solutions. It also includes a list of design standards for the trail facilities, cost-estimates for
the project, and ideas for future funding opportunities to implement various phases of the project. This is a
feasibility study, not a detailed engineering study which will need to be funded before commencement of
the project.
BACKGROUND: In 1997, the Ukiah City Council approved the formation of an ad-hoc committee charged
with the identification of constraints to existing pedestrian and bicycle access in Ukiah and the selection of
projects that would improve this access. In doing so, the committee determined that the construction of a
rail-with-trail facility should be a top priority to any City-wide plan due to the lack of a well-defined and
(continued on page 2)
RECOMMENDED ACTION:
1. Adopt Resolution approving the Project Feasibility Study for the Ukiah Northwestern Pacific Rail
Trail.
ALTERNATIVE COUNCIL POLICY OPTION: 1. Review the Ukiah Northwestern Pacific Rail Trail Project Feasibility Study for revisions; and
2. Provide direction to staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Public Hearing Notice Published in Ukiah Daily Journal on July 27, 2003
Ukiah Planning Department
Dave Lohse, Associate Planner and
Rick Seanor, Deputy Director of Public Works
Candace Horsley, City Manager, and Charley Stump, P_la.n~ng Director, and
Diana Steele, Director of Public Works / City Engineer~l~-'
]. Resolution Approving the Project Feasibility Study for the Ukiah NWP Rail
Trail
2. Project Feasibility Study for Ukiah NVVP Rail Trail
3. Minutes of the Planning Commission meeting held on March 26, 2003
4. Comment letters from various agencies
5. NCRA Property Committee Action Summary for March 7, 2003 meeting
APPROVED:
Candace Horsley, City M~,nager
Page 2
Adoption of Resolution Approving the Project Feasibility Study for the Ukiah Northwestern Pacific (NWP) Rail Trail
August 6, 2003
protected bike or pedestrian route in the eastern portion of the city. This recommendation was made
with the committee's acknowledgement that the potential development constraints and costs of this
project would be high, especially when compared to other high-priority projects. The committee's
recommendations were then used by consultants at VVtrans / Alta Planning and Design and the staffs
of the Planning and Public Works Departments in the preparation of the City of Ukiah Bicycle and
Pedestrian Master Plan, which the City Council adopted by resolution on February 17, 1999. The
proposed rail-with-trail facility was included as the top priority in the list of projects the Council
approved.
In November of last year, Alta Planning and Design completed the enclosed study to analyze the
potential for the development of a "rail-with-trail facility" for the Talmage Road / Brush Street section.
This plan was then referred to a number of agencies that could be affected by its construction and
operation and staff has attached copies of comments received to date.
Planning staff also forwarded copies of the study to Mr. Doug Christy, the Executive Director of the
North Coast Railroad Authority (NCRA), who has provided both encouragement and help in facilitating
this plan. Mr. Christy also referred the project to the NCRA Property Committee, which in March of
this year, endorsed the plan and voted to forward it to the NCRA Board of Directors. The Property
Committee also requested City staff to address safe setbacks and trail and insurance liabilities, which
staff is researching. The Board has not yet considered the study.
On March 26, 2003, the Ukiah Planning Commission reviewed the feasibility study and voted 5-0 to
recommend its approval to the City Council. A copy of the Minutes from this meeting is included as
Attachment 3; the feasibility study is included as Attachment 2.
RAIL-TRAIL DESIGN: Specifically, the study is designed to provide a background of the project and
its goals, as well as the identification of constraints to the project and proposed solutions. It also
includes a list of design standards for the trail facilities, cost-estimates for the project, and ideas for
future funding opportunities to implement various phases of the project.
The "rail-with-trail" facility proposed differs from most other rail-trails in that its construction and use
would not require that rail service be abandoned along the existing tracks. In fact, the proposed trail
layout would provide a Class I bikeway through the railroad right-of-way, which is typically 100 feet
wide in the incorporated areas of Ukiah. The 1.61-mile trail would be constructed on the west side of
the tracks, as shown in the schematic drawings included in the discussion of Alignment Options (page
17 of Study).
The proposed trail would be constructed and paved in accordance with Caltrans Standard
Specifications, with one-half inch maximum aggregate and medium grading. However, the authors of
the plan recommend that the City utilize a four-inch reinforced concrete material with sub-base or six
inches of reinforced concrete on compacted native material in order to minimize long-term
maintenance costs. It is likely that construction methods and materials will vary according to soil types
and slope requirements.
According to the typical cross section presented on page 30 of the plan, the recommended pathway
design will generally require 12 to 16 feet width of compacted sub-grade covered by 8-12 feet of paved
trail with a two-percent cross slope from center for drainage. A yellow centerline stripe may be painted
onto trail sections with heavy usage, restricted sight lines, or approaches to intersections. Fencing or
landscaping may also be constructed along trail sections where privacy is required, and signing will be
installed at individual street crossings. In accordance with Goal 6 (page 3) the rail trail will be designed
to meet federal, state, and Americans with Disabilities Act standards.
Page 3
Adoption of Resolution Approving the Project Feasibility Study for the Ukiah Northwestern Pacific (NWP) Rail Trail
August 6, 2003
The authors of this plan recommend that the edge of the rail trail closest to the railroad tracks be set
back 25 feet from the center of the tracks, as shown in Figure 8, page 33. This setback exceeds
Caltrans standards, but is recommended to minimize any interference with trains operating on the
tracks. The plan also recommends that a vertical clearance of 12 feet be maintained over the trail to
ensure that maintenance vehicles have clear access over it.
The total cost of the project as presented is $1,775,386. Staff is researching funding options for
construction of the project. Due to the nature and cost, this project will require a long term period for
implementation and construction.
CONCLUSION: Staff recommends that the City Council adopt the resolution approving the Project
Feasibility Study for the Ukiah Northwestern Pacific Rail Trail.
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
APPROVING THE PROJECT FEASIBILITY STUDY
FOR THE UKIAH NORTHWESTERN PACIFIC RAIL TRAIL
WHEREAS, the City Council adopted the Ukiah Bicycle and Pedestrian Master Plan that
included a rail trail facility as one of the high-priority bicycle and pedestrian projects; and
WHEREAS, the City Planning Department has prepared a Project Feasibility Study for the
Ukiah Northwestern Pacific (NWP) Rail Trail, in which it was determined that the development of this
trail is structurally possible and economically feasible with the use of grant funding sources; and
WHEREAS, the City Council finds that the proposed NWP Rail Trail is consistent with the Ukiah
General Plan, including the rail trail project adopted as part of the Ukiah Bicycle and Pedestrian Master
Plan; and
WHEREAS, the City Council finds that the proposed NWP Rail Trail would provide a valuable
and needed recreation and commuting facility for pedestrians and bicycle riders and a link between
existing east-west bicycle/pedestrian facilities; and
WHEREAS, the City Council finds that the proposed NWP Rail Trail is consistent with abutting
land use zoning and the compatibility criteria of the Ukiah Municipal Airport Master Plan, and
WHEREAS, the project is limited to a feasibility study for a possible future action and is,
therefore, exempt from the provisions of the California Environmental Quality Act, in accordance with
Statutory Exemption 15262.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts
the Project Feasibility Study for the Ukiah NWP Rail Trail, attached as Exhibit "A".
PASSED AND ADOPTED this 6t" day of August 2003, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Eric Larson, Mayor
Marie Ulvila, City Clerk
Resolution No. 2004-
Page 1 of 1
Project Feasibility Study
Ukiah NWP Rail Trail
Prepared for: City of Ukiah
Prepared by:
alta
PLANNING + DESIGN
November 2002
Table of Contents
Introduction .......................................................................................................................................... 1
Background ........................................................................................................................................... 2
Project Setting & History ...................................................................................................... 2
Project Goals ........................................................................................................................... 3
Need and Purpose .................................................................................................................. 4
Existing Conditions ............................................................................................................................. 5
Access .................................................................................................................................................... 8
Key Destinations Near Corridor .......................................................................................... 8
Ahgnment Options ............................................................................................................................ 13
Design and Implementation ............................................................................................................. 27
Recommended Planning and Design Standards .............................................................. 27
Application of Standards to NWP Rail Trail .................................................................... 31
Cost Estimate ...................................................................................................................................... 42
List of Tables
Table 1: Basic Roadway Crossing Prototypes ................................................................................ 34
Table 2: Unprotected Crossings ....................................................................................................... 35
Table 3: N\VP Rail Trail Crossing and Crossing Types ............................................................... 37
Table 4: N\Xq° Cost Estimate ........................................................................................................... 44
List
Fig.
Fig.
Fig.
Fig.
Fig.
Fig.
Fig.
Fig.
Fig.
of Figures
1 Ukiah Depot Sketch ............................................................................................................... 11
2 Project Map .............................................................................................................................. 17
3 Reach 1: Detail Map ............................................................................................................... 19
4 Reach 2: Detail Map ............................................................................................................... 21
5 Reach 3: Detail Map ............................................................................................................... 23
6 Reach 4: Detail Map ............................................................................................................... 25
7 Rail with Trail Setback ............................................................................................................ 30
8 Type I Trail Crossing: Unprotected ..................................................................................... 33
9 Type III Trail Crossing: Flashing Signal .............................................................................. 38
INTRODUCTION
Incorporated in 1876, Ukiah is located approximately 100 miles north of San Francisco in the northern
coastal region of California on U.S. Highway 101. The area is centrally located between the Bay Area,
Eureka and Sacramento. Ukiah is situated in the fertile Yokayo Valley with the northern Coastal
Mountains as a backdrop. Surrounded by rich grape vineyards and pear orchards, Ukiah is just over an
hour drive from the Mendocino Coast and the coastal redwoods.
The Northwest Pacific (NWP) rail corridor runs north-south through the eastern area of the City of
Ukiah, approximately two city blocks west of Highway 101. This rail corridor varies in width but is
typically 100 feet wide within incorporated Uldah, providing an excellent opportunity for shared use and
a non-motorized transportation corridor. There is great potential for a rail-with-trail facility on this
segment.
The project area for the proposed NWP Rail Trail extends from Brush Street in the north to Talmage
Street in the south. The trail will be located on the west side of the existing railway tracks. The project
area is approximately one and one half miles long (1.61 miles). Located near downtown Ukiah and
other important community locations, the N\VP Rail Trail will serve as the primary north-south non-
motorized transportation pathway for the City. This trail will provide many people with a wider range
of transportation options and will become a destination in its own right.
The purpose of this study is to:
· Provide background on the project history and goals
· Identify constraints and proposed solutions including grade crossings, environmental
conditions, property ownership, and railroad operation
· Provide design standards to facilitate the design process and ensure consistency with established
state and national standards.
· Provide a cost-estimate for the project
· Identify future funding opportunities for detailed design and implementation
Most importantly, the feasibility study provides a forum for discussion on the planning and design issues
that can be resolved prior to developing more detailed design and construction documents.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
BACKGROUND
ProJect Setting and History
The proposed Ukiah Bikeway System identified in the City of Ukiah Bicycle Master Plan (1999) includes a
primary north-south Class I Bikeway on the Northwestern Pacific Railroad right-of-way within the City
limits, a primary north-south system of Class II bike lanes on Dora and Bush Streets, and a series of
improved east-west bikeway connectors on Perkins, Gobbi, and Talmage Streets.
City staff, the public, and bikeway specialists selected the top bikeway projects for the Ukiah Bikeway
System. Contributors made their decisions based on their local knowledge and cycling experience, the
orientation of funding programs, and the planning criteria outlined in the Master Plan (coverage,
connectivity, user groups, implementation, local input, funding sources).
The Northwestern Pacific Rail Trail (NWP Rail Trail) is ranked as a top priority short-term
implementation project in the 1999 Bicycle Master Plan. This project is described in the Bicycle Master
Plan as a "bike path...located on the west side of the tracks, set back about 25 feet from the centerline
of the tracks within the 80 foot right-of-way. Access across the tracks onto the rail trail from the east
will be at established crossings." This railroad corridor is owned by the North Coast Railroad Authority,
a publicly funded state agency with the long-term goal of restoring both freight and passenger rail
service along the Northern California coast.
The NWP Rail Trail is ranked as a top priority project because it will: · Provide one a half miles of recreational trail
· Increase the safety of the Ukiah bicycle network by providing for separation of bicycle and
pedestrian traffic from motor vehicles
· Increase the connectivity of the overall bikeway system by creating a central north-south spine
· Provide off-street commuter access between residential and employment centers.
Current planning funds for the N\VP Rail Trail were allocated to the City of Ukiah Planning
Department from the City general fund. Future detailed design, feasibility and environmental review
work required for the project will be funded by other sources, including but not limited to
transportadon enhancement grants.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
Project Goals
The NWP Rail Trail will serve many community functions. The trail will provide a direct link between
north and south locations in the City, providing commuters with the option to ride or walk to their
destinations rather than drive. The trail will link neighborhoods directly to transit stations and
employment centers. The trail will also provide innumerable recreational and community-building
benefits including outdoor space for walking, bicycling and jogging, as well as an environment for
residents to socialize and learn about Ukiah's natural and cultural history. A summary of project goals is
presented below.
Goal 1:
The NWP Rail Trail should be located, wherever possible, within the railroad right of
way so as to organize and manage trail use in the corridor and to provide an alternative
to using heavily traveled parallel roadways.
Goal 2:
Serve major and minor destinations, provide a direct north-south connection in the City,
and follow routes already used by bicyclists, pedestrians, and others.
Goal 3:
Build upon and connect to existing and planned trails wherever possible.
Goal 4:
Maximize safety along the railroad corridor by organizing and managing pedestrian and
bicycling activity, and maximizing separation between the trains and trail. This can be
accomplished by appropriate design and operation of the facility.
Goal 5:
Minimize impacts to adjacent property owners through appropriate design and
operation of the facility.
Goal 6:
Design the facility to meet state and federal standards, including the American with
Disabilities Act.
Goal 7:
Provide separate tread ways for pedestrians and bicyclists, wherever feasible.
Goal 8:
Design grade crossings at roadxvays to maximize trail user safety and maximize
convenience, while minimizing negative impacts to traffic capacity.
Goal 9:
Avoid nexv railroad grade crossings and utilize existing roadway crossings as much as
possible.
Goal 10:
Develop a preliminary design theme that xvill integrate the N\VP Rail Trail xvith the City
of U 'kiah and take full advantage of opportunities for linear open space parks with in the
NWP corridor.
Need and Purpose
The need for the N\VP Rail Trail is demonstrated by the intensive recreational use of existing bike lanes
in Ukiah and surrounding communities and the number and variety of people who currently use the
unimproved corridor. Each user group has specific needs that will direcdy affect the planning and
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY 3
design of the trail. More detailed information on user needs can be developed using a variety of
mechanisms, including community surveys. These methods are not always scientifically valid in terms of
sample size, but can provide insight on the way that communities will use a trail facility. No such survey
was completed for this study, given its limited scope.
In general, trail use can be grouped as follows:
Commuters
The NWP Rail Trail will provide an unencumbered north-south travel corridor that should be designed
to be attractive to both the casual and serious commuter. The proposed NWP Rail Trail will provide
safe and easy north-south access through town and is centrally situated between downtown and
commercial shopping centers. Thus, thee is great potential for the proposed trail to attract a significant
number of local commuters. Commuters consist of employed adults, adult students, and school
children. Adult commuters are typically seasoned bicyclists and walkers, who can move at above average
speeds and maneuver across busy arterials. School children will be slower moving and less adept at
crossing busy streets, meaning that new street and rail grade crossings must be designed with them in
mind.
Recreation
The NWP Rail Trail will attract a significant number of users who simply desire a linear corridor for
exercise and recreation. This includes families with young children, club bicyclists, long distance
bicyclists, people walking their dogs, roller skaters/bladers, and joggers. All of these groups have unique
characteristics, many of which can conflict with one another. For example, experienced bicyclists may
be traveling at speeds in excess of 20 mph. Roller skaters/bladers often consume the entire trail width
as part of their skating motion. Families and pets often move against the intended direction of travel,
and otherwise obstruct through traffic. Joggers also have unique needs, and prefer the unpaved
shoulder to paved surfaces.
All potential users of the N*X3T Rail Trail ,,viii require the development of new facilities. Features
including benches, drinking fountains, signing, and waste receptacles are just a few of the items typically
required for recreational and commuter trail users alike. If integrated into a site-appropriate design,
these features will not only meet the typical demands of trail users but can also create an extension of
Ukiah's downtoxvn environment and greatly enhance the City's community transportation infrastructure.
4 UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
EXISTING CONDITIONS
Railroad Corridor Use
Rail service is currently suspended on the NWP corridor pending additional planning, environmental
review and the development of rail service management agreements. The rail corridor in the project
area is owned and administered by the North Coast Railroad Authority 0NCRA). The NCRA was
formed in 1989 by the California Legislature under the North Coast Railroad Authority Act,
Government Code Sections 93000, et seq. The .Act was intended to ensure continuation of railroad
service in Northwestern California and envisioned the railroad playing a significant role in the
transportation infrastructure serving a vital part of the State. In 1992, the State purchased the railroad
line from the Town of Willits north. In 1995, in a separate transaction, the State added the railroad line
from Heal&burg north to the NCRA's holdings and provided for a joint powers authority, the
Northwestern Pacific Railroad Authority (NWPRA) to own the right of way from Heal&burg south to
Schellville in Sonoma County, where the railroad then feeds a 12-mile short line through Napa County
which connects to the Union Pacific mainline at Fairfield-Suisun in Solano County.
Trespassing is a common occurrence within the NWP right-of-way, primarily by people walking, jogging
or cycling along the tracks. The current right-of-way is almost completely open to the public, with no
fencing, few "No Trespassing" signs, and little enforcement. Existing city streets that cross the right-of-
way and other low volume streets that parallel the tracks provide access for walkers, joggers, and cyclists.
In many sections of the 1.5 mile project area, well-worn use trails were observed in the grass along the
tracks. While no data on recorded trespassing, vandalism or accidents was available, informal counts
taken during field visits indicate that the right-of-way may be used by a significant number of people
each day for commuting and recreation.
Adjacent property oxvners are also using the railroad right-of-way as an extension of their property, and
have illegally encroached on the right-of-way. The City will need to formally document these illegal uses
and develop a strategy for reclaiming areas necessary for trail development.
Easements
The scope of this project feasibility study does not include identification of existing utility easements in
the project area. Identification of easements is, however, an important step in determining the preferred
alignment for the proposed trail. The City will be required to prepare a survey of existing utility
easements in the railroad corridor, including: electrical, natural gas, water, telecommunications, and
sewer. In some cases a trail cannot be sited over an existing utility, but often if the udlides are sited at
sufficient depth they need not influence the location of the proposed trail.
Roadway Crossings
The study segment of the NWP railroad corridor crosses seven roadways (not including Brush St. and
Talmage St, the current identified north and south terminal points of the trail). These roadways present
challenges related to the safety of a multi-use trail. Each roadway crossing is described briefly below.
Traffic data for these streets was not available for this study but xvill be required to develop detailed
crossing designs.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
Brush Street
Brush Street is the northern terminus of the proposed NWP Rail Trail. This street extends from its
eastern terminus next to Highway 101 to North State Street in the west, where the street connects with
Low Gap Road, which continues west past Low Gap Regional Park. The trail will begin on the south
side of Brush Street, approximately 750 feet east of North State Street. No crossing has been identified
at this location.
Ford Street
Ford Street extends from Orchard Avenue in the east to North State Street in the west. The street runs
east-west directly perpendicular to the railway corridor.
Clara Street
Clara Street extends from Orchard Avenue in the east to North State Street in the west. The street runs
east-west directly perpendicular to the railway corridor.
Mason Street
Mason Street runs roughly parallel to the railroad corridor, adjoining the railroad right-of-way west of
the existing tracks, roughly at Clara Street, where it ends. This is a parallel roadway with low traffic
volume, serving primarily neighborhood and industrial uses. The proposed trail would run within 20
feet of this roadway. Barriers or fencing may be required to establish separation between motor vehicle
traffic and parking and the NWP Rail Trail.
Perkins Street
Perkins Street extends in an east-west direction from the on-off ramps at Highway 101. This street is
the primary access from the freeway to Downtown Ukiah and carries some of the highest traffic
volumes in the City of Ukiah. The Highway 101 on and off ramps serving Perkins Street are located
approximately 1,500 feet east of the railroad right-of-way. Perkins Street consists of two travel lanes in
each direction.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
Clay Street
Clay Street extends in an east-west direction from the railroad right-of-way in the east past the northern
edge of the Ukiah Civic Center to the western edge of Downtown at Highland Avenue. This is a low
volume street, owing to the dead end at the railroad right-of-way. Clay Street ends at the historic Ukiah
Railroad Depot and provides the greatest potential for a bicycle and pedestrian connection between the
proposed rail-trail and the Ukiah Civic Center.
The Ukiah Railroad Depot is located on the east side of the existing tracks, on the opposite side from
the proposed rail-trail. In order to establish this connection a new crossing will be needed. Ifa paper
street exists at this location, there may be a legal crossing in existence.
Gobbi Street
Gobbi Street runs from the Russian River in the east to Dora Street in the west. This is a four lane
street, with two lanes of travel in each direction. Gobbi is served by on and off ramps at Highway 101
approximately 1,500 feet east of the proposed railroad right-of-way.
Talmage Road
Talmage Road is the southern terminus of the proposed rail-with-trail. It extends from the East Side
Road (east of the Russian River) to South State Street in central Ukiah. Talmage Street is served by on
and off ramps at Highway 101 and is the primary access to the Ukiah Municipal Airport and other
services located in the southern area of the City. The on and off ramps are located approximately 1,000
feet east of the railroad corridor.
Waterway Crossings
The NWP corridor crosses three waterways along the proposed trail alignment. Each crossing is
described below.
Orr Creek
Orr Creek runs roughly west to east down from the Mendocino Range and crosses the N\VP Rail Trail
approximately 0.2 miles south of Brush Street. The creek flows beneath the railroad xvhere it is located
on an elevated wooden trestle that is approximately 75 feet long with concrete foundation footings.
Gibson Creek
Gibson Creek drains from the Mendocino Range to the Russian River, flowing from west to east
through doxvntown Ukiah. The creek is largely covered by pavement in this area and flows beneath the
railroad in a culvert that runs belo~v East Perkins Street before surfacing into an open creek bed. No
railroad trestle is required in this location.
Doolan Creek
Doolan Creek drains from the Mendocino Range to the Russian River, flowing from west to east. This
is the smallest water crossing on the proposed N\VP Rail Trail. The railroad crosses the creek on a
narrow wood and metal trestle bridge that is roughly 40-foot long.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY 7
ACCESS
The NWP Rail Trail project area extends from the northern limits of incorporated Ukiah to near the
Ukiah Municipal Airport located in the southern area of the City. This linear corridor forms a north-
south spine for the City's non-motorized transportation network and will link to many other proposed
bicycle facilities outlined in the City of Ukiah Bicycle Master Plan. Because the NWP Rail Trail will
greatly improve connectivity in the bikeway and pedestrian circulation system there are numerous
important destinations that warrant introduction in this study.
KEY DESTINATIONS NEAR CORRIDOR
URBAN DESTINATIONS
Central Ukiah
The NWP Rail Trail passes immediately east of Downtown Ukiah, creating potential access to numerous
downtown destinations, including: the Ukiah Civic Center, the Mendocino County Courthouse,
professional office locations, shopping, and restaurants. One of the key connections between the
proposed trail and Downtown Ukiah, is the historic railroad depot.
The depot and surrounding property is approximately 13 acres and has great potential as a destination in
and of itself. The combination of a linear park (the roughly 1.5 mile multi-use trail) with a developed
passive recreation park including facilities such as a restaurant, cafe, community center, or historical
museum could attract many residents and visitors. There are many potential development scenarios for
this property, ranging from park to mixed-use urban development. Figure 1 graphically presents a
sketch of one park development scenario.
Several major employment centers, including the Ukiah Valley Medical Center, and the Pear Tree
Shopping Center are located east of the N\VP Rail Trail. The trail can provide a connection between
residential neighborhoods and these employment centers.
North Central Ukiah
The railroad corridor is also proximate to many destinations in the northern area of central Ukiah,
including the Mendocino County Administration Center, the Ukiah Playhouse, and Ukiah High School
xvhich are located on Low Gap Road, less than one half mile from the proposed N\VP Rail Trail
terminus at Brush Street. Vinewood Park and the 12th District Fairgrounds are also located within 500
feet of the N\VP corridor and Brush Street intersection. The fact that there are so many recreational,
educational and employment destinations within one half mile of the northern terminus of the N\XSq~
Rail Trail demonstrates the importance of this proposed pathway and connecting non-motorized
transportation infrastructure.
South Central Ukiah
The southern reach of the proposed N\VP Rail Trail is surrounded primarily by residential and industrial
land uses. The Ukiah Municipal Airport and the Airport Industrial Park are located just south of the
southern terminus of the proposed trail.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
REGIONAL PARKS
Low Gap County Park
Low Gap Park is an 80-acre park located near Ukiah High School on Low Gap Road. Low Gap
features a range of facilities, including: hiking trails, a children's play area, volleyball and basketball
courts, a disc-golf course Picnic and barbecue areas. As discussed below under local parks, the
combination of the NWP Rail Trail and the Orr Creek Trail (identified in the Ukiah Bicycle Master Plan)
could provide much of Ukiah with a bicycle and pedestrian link to this park.
LOCAL PARKS
The City of Ukiah supports and maintains five public parks including: Todd Grove Park, Oak Manor
Park, Vinewood Park, and Anton Stadium. None of these parks is located immediately adjacent to the
NWP railroad corridor, nor do they provide linear open space connecting separate neighborhoods. The
NWP Rail Trail will fill a much needed gap in the City's park facilities..
Implementation of the NWP Rail Trail and other facilities identified in the City of Ukiah Bicycle Master
Plan can effectively expand the City's local park network. For example, the Class 1 0.4 mile Orr Creek
Pathway is identified as a Mid-Term Project in the Ukiah Bicycle Master Plan, to be implemented within
six to twenty years of Plan adoption in 1999. The Orr Creek Trail will make an important connection to
the NWP Rail Trail, linking it to the Ukiah Unified School District athletic fields on Cypress Avenue and
to the Todd Grove Park, both to the west. These two trail facilities could hnk much of Ukiah with a
complex of public open space including Low Gap Regional Park, Ukiah Municipal Golf Course, Todd
Grove Municipal Park, Giorno Park, and Anton Stadium.
SCHOOLS
A number of schools are located near the NWP railroad corridor.
· Ukiah High School, 1000 Low Gap Road
· South Valley High School, 429 South Dora Street
· Pomolita Middle School, 740 Spring Street
· Frank Zeek Elementary School, 1060 North Bush Street
· Yokayo Elementary School, 790 South Dora Street
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
Insert Figure 1' Ukiah Depot Sketch
8.5xll
Back
12
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
ALIGNMENT OPTIONS
INTRODUCTION
This section describes the preliminary alignment options for the NkVP Rail Trail. This is a rough
alignment based on preliminary analysis of the corridor through fieldwork and review of available
mapping and aerial photographs.
The alignment identified in the Ukiah Bicycle Master Plan, and as referred to in this document, is along
the west side of the existing railway. The trail will be setback approximately 25 feet from the tracks
within the right-of-way. Access to the trail across the tracks from the east will be at established
crossings. Any new crossing will require California Public Utilities Commission (CPUC) approval.
PROPOSED TRAIL ALIGNMENT
This section describes the preliminary alignment options for the Ukiah NWP Rail Trail. This is a rough
alignment based on preliminary analysis of the corridor through fieldwork and review of available
mapping and aerial photographs. Figure 2: Project Map, illustrates the locadon of the project area and
the location of the four detail sheets. As shown in Figure 2, the corridor is divided into four reaches,
each approximately 660 yards in length. Each of the detail sheets illustrates the boundary of the existing
railroad right-of-way, the location of the center-line track and the proposed trail location. The figures
highlight recommended roadway crossing treatments, potential access areas and other facilities
associated with the trail.
REACH 1: BRUSH STREET TO NORTON STREET
Figure 3 illustrates the reach from Brush Street to Norton Street. This reach is predominately 100 feet
in width, narroxving to approximately 80 feet in the southern portion of this reach. The character of this
reach is defined by Iow-density light industrial uses. Brush Street, east of the railroad right-of-way is
largely undeveloped.
The primary design considerations on this section include the Ford Street and Clara Street crossings and
the Orr Creek crossing. Ford Street and Clara Street will require at-grade crosswalks, with appropriate
signage. The low traffic volumes on these roadways do not warrant additional crossing features. At the
southern end of the reach, Mason Street runs parallel to the railroad right-of-xvay, immediately adjacent
to the proposed trail alignment. This area may require special treatment, such as a fixed barrier, in order
to ensure that vehicular traffic does not enter the trail. Finally, the Orr Creek crossing will require the
construction of a new bicycle/pedestrian bridge. Each of these constraints is addressed in greater detail
below under Design and Implementation. The northern end of this reach xvill also require special
attention, including but not limited to: entry features at Brush Street, appropriate signage for both trail
and roadxvay, and a potential trailhead access point.
REACH 2: NORTON STREET TO SUN HOUSE PARK
Figure 4 illustrates the reach from Norton Street to Sun House Park. The railroad right-of-way widens
considerably at the northern end of this reach, broadening to approximately 200 feet for a distance of
approximately 600 feet. This approximately two and one half acre (2.5 acre) parcel could serve as a
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
13
broader segment in the NWP Rail Trail linear park. The right-of-way then narrows to approximately 80
feet south of Perkins Street. The character of this reach is defined by low-density light industrial uses in
the north and by the large vacant parcels to the east of the corridor surrounding the historic Ukiah
Depot. This area is a City of Ukiah urban development site with significant potential for a range of
community park facilities and other urban redevelopment opportunities.
The primary design considerations on this section include the Perkins Street at-grade crossing and the
lack of an established crossing from land uses to the east of the exisdng railroad right-of-way to the
proposed trail. Perkins Street is the primary access from Highway 101 to Downtown Ukiah. A trail
crossing at this locadon will require signalization and appropriate signage to ensure trail user safety.
Clay Street is shown on City of Ukiah Assessor's Parcel Maps (Assessor's Parcel Map #2-23) as a "paper
street" crossing, and may exist as a legal crossing of the railroad right-of-way. Additional detailed
property and title analysis is required to determine the status of this railway crossing. This would require
thorough analysis and review of deeds, titles and easements held by the City of Ukiah and the railroad
(Northcoast Railroad Authority) in order to determine the status and allowable uses of this crossing.
This railroad crossing is an important feature when considering future redevelopment of the Ukiah
Depot since it will provide access between newly developed facilities on site to the existing downtoxvn to
the west. Each of these constraints is addressed in greater detail below under Design and
Implementation.
REACH 3: SUN HOUSE PARK TO COOPER LANE
Figure 5 illustrates the reach from Sun House Park to Cooper Lane. The railroad right-of-way is
predominately 80 feet in width along this reach. The character of this reach is defined by low-density
light industrial uses.
The primary design consideration on this section is the Gobbi Street crossing. Gobbi Street is the
secondary access (after Perkins Street) to Downtown Ukiah and a trail crossing at this location will
require signalization and appropriate signage to ensure trail user safety. Each of these constraints is
addressed in greater detail below under Design and Implementation.
14
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
REACH 4' COOPER LANE TO TALMAGE STREET
Figure 6 illustrates the reach from Sun House Park to Cooper Lane. The railroad right-of-way is
predominately 80 feet in width along this reach. The character of this reach is defined by low-density
light industrial uses and medium-density residential land uses. Building are located much closer to the
rail corridor along this reach than others, requiring that special consideration be given to neighbors
concerns about potential property impacts.
There are no street crossings along this reach and the primary constraint on this section is the Doolan
Creek crossing. The creek crossing will require the construction of a new bicycle and pedestrian bridge,
separate from the existing railroad trestle. The trail terminus at its southern end will also require special
attention, including but not limited to entry features at Talmage Street, appropriate signage for both trail
and roadway, and a potential trailhead access point. Each of these constraints is addressed in greater
detail below under Design and Implementation.
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
15
UKIAH NWP RAIL TRAIL
FIGURE 2: LOCATION MAP
Figure Legend
Streets
........ NWP Rail Trail
...... NWP Railway
Creeks
Parks
Detail Sheet Boundary (Reach 1-4)
NOTE: Only Downtown and major streets depicted.
Street network nor complete.
Illustrative Figure: Not to Scale, Street Grid Not Complet~
Orr Creek
Brush Street
Doolan Creek
I
I
!
Road
North Trail Entrance
· Entry features
· Controlled Access
Railroad ROW
Boundary
Unprotected Crossing
· Crosswalk
· Signage
New Bridge
· Bicycle & pedestrian
Unprotected Crossing
· Crosswalk
· Signage
Railroad ROW
Bounda:-v
I
200'
BRUSH STREET
· Low volume
· Northern trail terminus
PROPOSED TRAIL
· 25' Setback from rail
· 8 10' Paved Trail
· 4' Gravel Shoulder
FORD STREET
· Low traffic volume
Existing Railroad Trestle
· Orr Creek crossing
· Approx. 80-foot span
CLARA STREET
· Low traffic volume
NORTON STREET
· Low traffic volume
Railroad ROW boundary
MASON STREET
· Parallel to trail
· Barrier may be needed
N?
M~tch Line .....
RR ROW
· Wide Area
· Potential Park Site
PERKINS STREET
Roadway Crossing
Recommended:
· Flashing Signal
· Protective Signage
Sun House Park
Medical Offices
!
!
PROPOSED TRAIL
· 25' Setback from RR
· 8-12' Paved
· 4' Gravel Shoulder
PERKINS STREET
Historic Depot
· Redevelopment Site
· Eventual passenger
rail service station
General Area
of Historic Depot
Potential Pork Site
· 13 Acres/2 Parcels
Clark Street
· Potential connection
to Downtown
· No existing crossing
· New crossing require
CPUC approval
200'
N?
0
0
4~
Match Line
GOBBI STREET
Roadway Crossing
Recommended:
· Flashing Signal
· F~otective $ignage
Railroad ROW
Boundary
P1K)POSED TRAIL
· 8-12' Paved
· 4' Gravel Shoulder
GOBBI STREET
· Highway 101 access
· Moderate traffic
WAUGH STREET
· Low traffic volume
200'
NI'
o
o
o
Match fine
Rairoad ROW
Boundary
CHERRY STREET
· Ends at ROW
THOMAS STREET
· Ends at ROW
DOOLAN CREEK
CROSSING
Recommended;
· Separate Xing
· Bike/Ped Bridge
· 25' Setback from RR
· 8 12' Paved
· 4' Gravel Shoulder
WAUGH LANE
· Low volume
Railroad ROW
Boundary
DOOLAN CREEK
· Existing RR bridge
[55
TALMAGE STREET
· Southern terminus of trail
· Entry features
200'
· Connection to Highway 101
· High traffic volume
· Signage recommended
N? ~
DESIGN AND IMPLEMENTATION
RECOMMENDED PLANNING AND DESIGN STANDARDS
This section provides specific design and implementation guidelines and standards to ensure that the
N\VP Rail Trail is constructed to a consistent set of the highest and best standards currently available in
the United States. Planning, design, and implementation standards are derived from the following
sources:
· Caltrans: Highway Design Manual (Chapter 1000: Bikeway Planning and Design)
· AASHTO: A Policy on Geometric Design of Highways and Streets
· Manual of Uniform Traffic Control Devices (MUTCD)
· USDOT, FHWA: Selecting Roadway Design Treatments to Accommodate Bicycles
· USDOT/FHWA: Conflicts on Multiple-Use Trails
· ITE: Design and Safety of Pedestrian Facilities
· RTC: Rails-with-Trails, Sharing Corridors for Transportation and Recreation
It is useful to note that while there are a considerable number of trails-on-active-railroads around the
United States, there are few design guidelines that have been developed specifically for this type of
facility to date. The sources listed above proxqde details on many aspects of a rail trail, but (a) may
contain recommendations that conflict with each other, (b) are not, in most cases, officially recognized
'requirements,' and (c) do not cover all of conditions on most rail trails. Except for the Caltrans
guidelines, all design guidelines must be considered as simply design resources for the N\VP Rail Trail,
to be supplemented with professional judgment.
In addition to the published resources listed above, we have drawn from the experiences of active rail
trails around California and the United States to establish accepted practices. The U.S. Department of
Transportation (Federal Highway Administration and Federal Railroad Administration) have published
Rails-with-Trails: Lessons Learned to provide a summary of current practices common in rail-with-trail
development. This document is available from the Federal Highway Administration.
The following sections establish the basic design parameters as developed by Caltrans. Mandatory
standards are shown in bold face.
Recommended Width
The recommended minimum width for paved multi-use trails in California is 8-feet, with 2-feet
of lateral clearance and 8-feet of vertical clearance. If the trail is projected to have higher volumes
of bicyclists and others, or if maintenance vehicles will be using the rail trail on a regular basis, a
minimum width of 10-feet is recommended xvith the same lateral and vertical clearances. Typically, 3-
feet wide unpaved shoulders with a compacted surface (often decomposed granite) are located on each
side of the paved surface to accommodate joggers and others who prefer a softer surface. A 2% cross
slope for drainage should be provided on all trails. (See Figure 7)
Si~ning and Stripin~j
A yellow centerline stripe may be desirable (but is not required) on sections of the rail trail that have
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
27
heavy usage, curves with restricted sight lines, at approaches to intersections, and/or where nighttime
riding is expected.
Intersections and Crossings
The rail trail alignment should take into consideration the frequency and condition of grade crossings of
roadways. Grade separations, such as bridges or under crossings, are recommended if traffic volumes
are heavy. If grade separation is not feasible, traffic signals may suffice. Stop or Yield signs for
bicyclists will suffice where traffic volumes are not heavy.
Trail crossings should occur at established pedestrian crossings wherever possible, or at locations
completely out of the influence of intersections. Mid-block crossings should address right of way for
the motorist and trail user through use of Yield, Stop, or traffic signals that can be activated by trail
users. Trail approaches at intersections should always have Stop or Yield signs to minimize conflicts
with autos. Bike Crossings may be placed in advance of trail crossings to alert motorists. Ramps should
be placed on sidewalk curbs for bicyclists.
Separation of Pathways
Bikeways or trails parallel to roadways should be located no closer than S-feet from the edge of
the roadway, unless a physical barrier is provided. Generally, bikeways are not recommended
directly parallel to roadways as most bicyclists will find it less usable than the street itself, assuming there
is adequate width.
Design Speed
The minimum design speed for bike paths is 20 miles per hour, except on sections where there are
long downgrades (steeper than 4%, and longer than 500-feet). Speed bumps or other surface
irregularities should never be used to slow bicycles.
2,8 UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
Structural Section
Bike path construction should be conducted in a similar manner as roadway construction, with sub-base
thickness to be determined by soils condition and expansive soil types requiring special structural
sections. Minimum asphalt thickness should be three inches ( 3" ) of Type A or Type B as described by
Caltrans Standard Specifications, with one-half inch (0.5") maximum aggregate and medium grading.
The preferred pathway material for the Ukiah Rail Trail--due to the desire to minimize maintenance
costs--is a four inch ( 4" ) reinforced concrete material with sub-base or six inches ( 6" ) of reinforced
concrete on compacted nahve material (if suitable). (See Figure 7)
Drainage
The 2% cross slope will resolve most drainage issues on a bike path, except along cut sections where
uphill water must be collected in a ditch and directed to a catch basin, where the water can be directed
under the N\VP Rail Trail in a drainage pipe of suitable dimensions.
Barrier Posts
Posts at trail intersections and entrances may be necessary to keep vehicles from entering. Posts should
be designed to be visible to bicyclists and others, especially at night, with reflective materials and
appropriate striping. Posts should be designed to be moveable by emergency vehicles.
Bikeway Crossing of Railroads
Bikexvays crossings of railroad railway tracks should be at least as wide as the approach bikeway, and
should be at right (90 degree) angles to the railway tracks. Pavement should be maintained with timber
plank or other enhanced surfaces installed when possible to avoid ridge buildup adjacent to the railway
tracks.
The California Public Utilities Commission (CPUC) regulates railroad crossings. All new bike path
railroad crossings must be approved by the CPUC. Necessary railroad protection will be determined
based on a joint field review involving the apphcant, the railroad company, and the CPUC.
In the case of the NWP Rail Trail, this would apply only to the proposed connection to the Downtown
area. No other crossings are anticipated.
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
29
AB2 or Gravel
6" Compacted ~.~
Sub-Grade ~
3" A.C. or
Recycled A.C.
2% cross slope
.4" dashed yellow
centedine stripe
12' minimum vertical clearance
for maintenance equipment
-.~-
Native matedal or fill compacted per Geotechnical report
Implementation on
Level Ground
Fencing or landscaping
if required for pdvacy ] J
Rip rap , / see details above
Gravel
Implementation on
Sloped Ground
IOKJ1
Figure 7: Typical Cross Section
3O
UKIAH NWP RAIL TRA~L FEAS~mLITY STUDY
Signing,/~arkings, and Traffic Control Devices
Uniform signs, markings, and traffic control devices shall be used per section 2376 of the Streets
and Highways Code. An optional four inch ( 4" ) yellow centerline stripe may be used to separate
users on a Class I bike path. Bike lane signs (R81) shall be placed at the beginning of all bike
lanes, on the far side of every arterial street intersection, at all major changes in direction, and at
maximum half-mile intervals. Bike lane pavement markings shall be placed on the far side of each
intersection.
Bike path, bike lane, and bike route signing and markings should follow the guidelines as developed by
Caltrans and the Manual on Uniform Traffic Control Devices. This includes advisory, warning,
directional, and informational signs for bicyclists, pedestrians, and motorists. The final striping,
marking, and signing plan for the NWP Rail Trail should be reviewed and approved by a licensed traffic
engineer or civil engineer.
APPLICATION OF STANDARDS
The California Department of Transportation (Caltrans) has developed specific design guidelines in the
Highway Design Manual for Class I bike paths. The NWP Rail Trail will be designed to Class I
standards wherever possible. These standards are intended to be a guide to engineers in their exercise of
sound judgment in the design of projects. Design standards should meet or exceed the Caltrans
standards to the maximum extent feasible. Lower standards may be used "when such use best satisfies
the concerns ora given situation." Mandatory design standards "are those considered most essential to
achievement of overall design objectives. Many pertain to requirements of law or regulations such as
those embodied in the FHWA's controlling criteria." Mandatory standards are identified in Chapter
1000 of the Highway Design Manual with the: word 'shall'.
Advisory standards are important but allow for greater flexibility and are identified by the word 'should.'
Permissive standards are identified by the words 'should' or 'may', and can be apphed at the discretion
of the project engineer. Controlhng Criteria, as defined by the FHWA, consists of 13 specific criteria to
be used in the selection of design standards. They are: (1) design speed, (2) lane width, (3) shoulder
width, (4) bridge width, (5) horizontal ahgnment, (6) verdcal alignment, (7) grade, (8) stopping sight
distance, (9) cross slope, (10) super elevation, (11) horizontal clearance, (12)vertical clearance, and (13)
bhdge structural capacity.
Designs that deviate from the mandatory Caltrans design standards shall be approved by the Chief,
Office of Project Planning and Design, or to delegated Project Development Coordinators.
These standards represent the basic guidelines set forth by Caltrans. There are many conditions that are
not explicitly covered in the Caltrans or AASHTO guidelines. These are presented beloxv.
Trail Setbacks From Railroad Tracks
The California Public Utilities Commission has specific minimum setbacks for any structures or
improvements (including any sidewalk or trail that parallels active railroad tracks). These standards are
typically applied to the minimum distance that crossing guard equipment is located from tracks.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
31
Minimum distances from the centerline of an active railroad to the outside edge of a trail or bikeway is
8'6" on tangent and 9'6" on curved track (General Order No. 26-D). Wherever possible, it is
recommended that the trail be set back at least 25 feet from the centerline of the tracks, or at least 15
feet when there is a vertical separation of more than 10 feet (See Fig. 8)
Grade Crossings
When considering a proposed separated bike path and required crossings of roadways, it is important to
remember two items: (1) trail users will be enjoying an auto-free experience and may enter into an
intersection unexpectedly, and (2) motorists will not expect to see bicyclists shooting out from an
unmarked intersection into the roadway. In most cases, bikeway crossings at-grade at can be properly
designed to a reasonable degree of safety and to meet existing traffic and safety standards.
Evaluation of bikeway crossings involves analysis of traffic patterns of vehicles as well as trail users.
This includes traffic speeds (85th percentile), street width, traffic volumes (average daily traffic, and peak
hour), line of sight, and trail user profile (age distribution, destinations). A Traffic Safety study will need
to be completed as part of the actual civil engineering design of the proposed crossings to determine the
most appropriate design features. This study identifies the most appropriate crossing options given
available information, which must be verified and/or refined through the actual engineering and
construction document stage.
The proposed systems approach in this report is based on established standards, published technical
reports, and the experiences on existing facilities. Virtually all crossings fit into one of three basic
categories, described below.
32
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
Optional fence to delineate railroad
right-of-way. (e.g. Iow wood rail)
I _~ 8ft minimum
I
10~,I
Figure 8: Rail witi~ Trail Setback: Recommended Setback
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
33
Table 1:
Basic Crossing Prototypes Appropriate to NWP Rail Trail
Crossing Type Description
1. Unprotected
2. Routed to Existing Intersection
3. Signalized/Controlled
Unprotected crossings include mid-block
crossings of residential, collector, and
sometimes major arterial streets.
Bikeways which emerge near existing
intersections may be routed to these
locations.
Bikeway crossings which require signals or
other control measures due to traffic
volumes, speeds, and trail usage.
Type 1 or uncontrolled crossings (unsignalized, but with other traffic control devices) are recommended
for streets with 85th percentile travel speeds below 45 mph and ADTs below 10,000 vehicles.
Type 2 crossings within 250 feet of an existing signalized intersection with pedestrian crosswalks are
typically diverted to the signalized intersection for safety purposes. In order for this option to be
effective barriers and signing would be needed to direct trail users to the signalized crossings. In many
cases the intersections are directly adjacent to the crossings and are not a significant problem for trail
users.
New signalized crossings (Type 3) are identified for crossings more than 250 feet from an existing
signahzed intersection and where 85th percentile travel speeds are 45 mph and above and/or ADTs
10,000 vehicles. Each crossing, regardless of traffic speeds or volumes, requires additional review by a
registered engineer to identify sight line and other factors
Standard Crossing Features
Signage
Crossing features for all roadways include warning signs both for vehicles and trail users. The type,
location, and other criteria are identified in the Manua/for Uniform Tra~c Control Devices (MUTCD) and
the Caltrans Highwqy Design Manual. Consideration must be given for adequate warning distance based
on vehicle speeds and line of sight, with visibility of any signing absolutely critical. 'Catching the
attention' of motorists jaded to roadway signs may require additional alerting devices such as a flashing
hght, roadxvay striping, or changes in pavement texture. Signing for trail users must include a standard
'STOP' sign and pavement marking, sometimes combined with other features such as bollards or a kink
in the Ukiah Rail Trail to slow bicyclists. Care must be taken not to place too many signs at crossings
lest they begin to lose their impact.
Directional signing may be useful for trail users and motorists alike. For motorists, a sign reading 'N\VP
Rail Trail Xing' along with a trail emblem or logo helps both warn and promote use of the trail itself.
For trail users, directional signs and street names at crossings help direct people to their destinations.
34
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
Striping
A number of striping patterns have emerged over the years to delineate trail crossings. A median stripe
on the trail approach will help to organize and warn trail users. The actual crosswalk striping is a matter
of local and state preference, and may be accompanied by pavement treatments to help warn and slow
motorists. The effectiveness of crosswalk striping is highly related to local customs and regulations. In
communities where motorists do not typically defer to pedestrians in crosswalks, additional measures
may be required. While there is a trend to remove unprotected crossings, it is the author's opinion that
they serve a valuable function and, at the very least, provides the trail user with legal recourse.
Unprotected Crossings
An unprotected crossing consists of a crosswalk, signing, and often no other devices to slow or stop
traffic (see Figure 9). The approach to designing crossings at mid-block locations depends on an
evaluation of vehicular traffic, line of sight, trail traffic, use patterns, road type and width, and other
safety issues such as nearby schools. The table below identifies the general thresholds below which
unprotected crossings may be acceptable.
Table 2: Unprotected Crossings
Install Crosswalks
All locations~
Maximum Traffic Volumes: 10,000-15,000 (AD'I), 1,000-1,500
peak hour
Maximum 85th Percentile Speeds: 35-45 mph
Maximum Trail User Volumes: 50-75 per hour, 300-400 per day
Maximum Street Width 60 feet (no median)
Mimmum Line of Sight
25mph zone: 100 feet
35 mph zone: 200 feet
45 mph zone: 300 feet
On residential and collector streets below 10,000 ADT, crosswalks and warning signs ('Bike Xing')
should be provided for motorists, and STOP signs and slowing techniques (bollards/geometry) used on
the trail approach. Care should be taken to keep vegetation and other obstacles out of the view line for
motorists and trail users.
Collector streets up to 15,000 ADT require a higher level of treatment for crossings than residential
streets. In addition to the features described for residential streets, signing locations may need to be
moved further upstream and made more visible for motorists. A flashing yellow beacon costing
between $15,000 and $30,000, may be used, preferably one that is activated by the trail user rather than
continuous. The East Bay Regional Park District is successfully using a flashing beacon that is activated
by motion detectors on the trail, triggering the beacon as trail users approach the intersection. This
I
Some traffic design guidelines suggest that crosswalks are not required with ADT volumes below 7,000.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
35
equipment, though slightly more expensive, helps to keep motorists alert. (See Figure 10)
Higher volume arterials over 15,000 ADT may be unprotected in some circumstances, for example if
they are located near a signalized intersection and there are substantial 'gaps' in the traffic, and/or there
is a median island. This would not be appropriate if there were a significant number of school children
using the trail.
Signalized Crossings
When a trail must cross a roadway that exceeds the maximum thresholds identified for unprotected
crossings, generally 10,000 ADTs, some type of signalized control must be installed to protect the trail
users (See Figure 10). Signals require the input of local traffic engineers, who review potential impacts
on traffic progression, capacity, and safety. On corridors with timed signals, a new trail crossing may
need to be coordinated with adjacent signals to maximize efficiency. Trail signals are normally activated
by push buttons, but also may be triggered by motion detectors as well. The maximum delay for
activation of the signal should be two minutes, with minimum crossing times determined by the width
of the street and trail volumes. The signals may rest on flashing yellow or green for motorists when not
activated, and should be supplemented by standard advance warning signs. Typical costs for a signalized
crossing range from $75,000 to $150,000. Table 3 presents a summary of crossings and crossing types
for the NWP Rail Trail.
36 UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
Table 3:
NWP Rail Trail Crossings and Recommended Crossing Types
Crossing Crossing Type
Brush Street Unprotected Type I
Ford Street Unprotected Type I
Clara Street Unprotected Type I
Mason Street No Crossing - parallel roadway
Perkins Street Signalized Controlled (Yellow Flashing)
Clay Street* Unprotected
Gobbi Street Signalized Controlled (Yellow Flashing)
Talmage Road Unprotected Type I
-- _ _
Roadway would be established as connector between Downtown Ukiah and Ukiah Depot
redevelopment area.
Railroad Crossings
The only potential railroad crossing associated with the NWP Rail Trail is the desired connection
between the historic depot site and existing Downtown Ukiah. This crossing would occur in the vicinity
of Clay Street. The historic depot is located on the east side of the NWP right-of-way and the proposed
rail trail (to be located west of the existing tracks). In order to provide bicycle and pedestrian access
between Downtown and the proposed redevelopment area, a new at-grade crossing will be required at
Clay Street unless an existing paper street exists at this intersection.
The establishment of a new crossing at this location would require the installation of
bicycle/pedestrian crossing warning equipment. In the event that the site is developed in a
manner that requires additional vehicular service access the crossing could be installed with
standard vehicle crossing warning equipment. As described above under the description of
Reach 2, additional detailed property and title research are required to determine the feasibihty
of establishing a trail crossing at this location.
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY 37
Uncontrolled Midblock
Crossing
Cost: $500 - $1,000
Bike Xing
(W79)
Basic Criteria:
Speed Limit < 4Smph
~uate Sto~in~
Sight Dislance
Crossw~k ~uately
Illuminat~
Low ADT (S~ ADT
Ped ~ot)
Greater Than 600 Feet
For Midblock
Minor Arterial
(Low ADT)
Bike Xing
(W79)
dO.LS
STOP
Figure 9: Type 1 Trail Crossing: Unprotected
10,~1
38
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
Signal Loop or Motion
Detectors (Optional)
Striped
Vaded Surface (Optional)
m~
~ 250' Urban / 750' Rural
· ~ 0rn)
ii
I
Removable Ballards: 5' (1.5m)
Spacing (Handicap Accessible)
- Barder
Flashing Yellow Signal
.... or Actuated Signal (Optional)
OLU
Z~,,
'-~ Rippled Pavemont (Optional)
REDUCE
SPEED &
CALL OUT
WhenPassing
(1.2m- 1 5m)
12' (3.6m) Recommended
Figure 10: Type III Trail Crossing: Flashing Yelloxv Signal
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
39
OTHER TRAIL AND DESIGN ISSUES
Utilities and Lighting
Surface and sub-surface utilities are located within the railroad right of way, impacting the location and
construction of the NWP Rail Trail. Utilities include active and abandoned railroad communications
cable, signal and communication boxes, fiber optic cable, water and sewer lines, and telephone lines.
The Ukiah Rail Trail will be designed to avoid having to move most active surface utilities, although
udlity poles no longer in use may be removed. The trail may be located directly over exisdng sub-
surface utilities assuming (a) adequate depth exists between the trail surface and utility to prevent
damage, and (b) agreements can be reached with the utility owner regarding access for repairs and
impact to the trail.
The City of Ukiah may choose to install trail lighting, especially where there is considerable evening
pedestrian and bicycle commuter traffic. There will be some lighting benefit from existing lighting along
adjacent roadways, land uses, and at crossings.
Signing and Marking
The N*VP Rail Trail should be designed to include all of the required and recommended signing and
mar-king standards developed by Caltrans in Chapter 1000 of the Highway Design Manual. In addition,
all signs and markings should conform to the standards developed in the Manual of Uniform Traffic
Control Devices (MUTCD). Finally, the NX,VP Rail Trail should be identified by a consistent, unique
logo or design that will help guide people to and on the trail.
In general, all signs should be located 3 to 4 feet from the edge of the paved surface, have a minimum
verdcal clearance of 8.5 feet when located above the trail surface and be a minimum of 4 feet above the
trail surface when located on the side of the trail. All signs should be oriented so as not to confuse
motorists. The designs (though not the size) of signs and markings should be the same as used for
motor vehicles.
Entrance Features
Major entrances to the Ukiah Rail Trail may contain a variety of support facilities and other items,
depending on available resources and local support. Typical entrance features include:
Trail heads. The trail may draxv substantial numbers of users during peak times. Trail users
could be directed to specific trail heads where parking and other amenities are provided, helping
to relieve some of the pressure on residential and commercial areas. Trail heads may also
contain drinking fountains, telephones, restrooms, bike lockers, and other features. Trail heads
should be accessible by transit and rail service.
Bollards. A single 48" wood or metal bollard (post) should be placed on the centerline of the
trail at all entrances to prevent motor vehicles from entering the trail. The bollard should be
40
UKIAH NWP RAIL TRAIL FEASIBILITY STUDY
designed with high reflective surfaces and be brightly painted. The bollard should locked to a
ground plate and be easily removed by emergency vehicles.
Entrance Features. The trail alignment should have a sharp (20' or less radius) curve at all
major roadway intersections wherever physically possible, to help slow bicycles. Entrance circles
may be constructed with a 20' inside radius to help slow bicycles. Public art and/or entrance
signs may be placed in the circle. Entrance signs should'include regulations, hours of operation
(if any), and trail speed limit. Entrance signs may also include sponsorships by local agencies,
organizations, and/or corporations. Signs may be placed at the entrances or at appropriate
locations along the trail that provide brief descriptions of historic events or natural features (see
Figure 23).
Landscapin~
Landscape plant materials should be located along the NWl) Rail Trail to provide a sequence of visual
landmarks. Selection of an appropriate plant palate can enhance gateway and entry features and provide
the trail with a strong identity. The NWP Rail Trail is surrounded by predominately light industrial land
uses and much of the land is unimproved, meaning that landscape plants will serve and important role in
the overall development of the trail.
Choices of plants will respect the sharing of the right-of-way with the rail and will introduce seasonal
color and shade. Groundcovers and shrubs will be water efficient and capable of xvithstanding the
periodic wind stream created by passing trains. Trees should be a mix of deciduous and evergreen
species, and should be located at the edges of the rail corridor, also providing a wind screen in places.
Irrigation should be predominately drip and plant materials will be capable of self-sustainability within
two to three years. Solar controllers and other stand along equipment will be used throughout the NWl~
Rail Trail, eliminating costly trenching for electric. Irrigation will be minimal after establishment of plant
material.
Amenities
There are numerous locations where shaded benches, information kiosks, mile markers, interpretive
signage or exercise stations can be integrated into the overall design of the proposed N\XTP Rail Trail.
These are the features that provide trails with the strongest identity and make them important aspects of
the community. A xvide range of well designed and tested pre-fabricated trails fixtures are used on trail
facilities across the country and could be used successfully in Ukiah. In addition, many communities
elect to design and develop site specific amenities that more directly reflect the unique character of the
region, toxvn or locale o f the trail.
UKIAH NWP RAIL TRA~L FEASIBILITY STUDY
41
COST ESTIMATE
Table 4 presents estimates for construction of the trail, based on the preliminary alignment options
presented above. These costs do not include the cost of right-of-way acquisition. The estimate also
does not include annual maintenance and operations costs.
Table 4:
NWP Rail Trail Cost Estimate Table
NWP Rail Trail Boundaries = Brash Street (North) to Talmage Road (South)
Distance - 1.5 miles (7920 linear feet) approximately
Mobilization LS
Clearing & Demolition 198,000 SF
Rough Grading 118,800 SF
Finish Grading 95,040 SF
Soil Preparation 95,040 SF
12' Wide Asphalt Path 95,040 SF
Fencing (4' high chain link) 1,000 LF
4' wide gravel shoulder 31,680 SF
Nfitigafion plantings 100 EA
(24" box trees for creek crossings)
Mulch 95,040 SF
Temporary irrigation 95,040 SF
Railroad crossing (at Clay Street) 1 EA
Site Furnishings (benches) 4 EA
Type I Unprotected Crossing (Ford St. & Clara St.) 2 EA
Type III Signalized Roadway Crossing (Per 'kins St.) 1 EA
Type III Signahzed Roadway Crossing (Gobbi St.) 1 EA
Drinking fountains (with point of connection) 2 EA
Signing & Striping 1.50 Nfile
Trailhead with Restroom (at Historic Depot) 1 EA
Bicycle/Pedestrian Bridge Creek Crossing (Orr Creek - 1 EA
75')
Bicycle/Pedestrian Bridge Creek Crossing (Doolan 1 EA
Creek- 40')
SubTotal Estimated Cost
Engineering Costs
Contingency
Grand Total
8% $118,359
$0.35 $69,300
$0.15 $17,820
$0.15 $14,256
$0.25 $23,760
$2.25 $213,840
$17.00 $17,000
$1.50 $47,520
$3oo.oo $3o,ooo
$0.30 $28,512
$0.75 $71,280
$200,000.00 $200,000
$2,800.00 $11,200
$5,000.00 $1o,ooo
$1oo,ooo.oo $1oo,ooo
$1oo,ooo.oo $1oo,ooo
$7,500.00 $15,ooo
$40,000.00 $60,000
$250,000.00 $250,000
$15o,ooo.oo $15o,ooo
$50,000.00 $50,000
10%
10%
$1,479,488
$147,949
$147,949
$1,775,386
42
UKIAH NWP RAiL TRAIL FEASIBILITY STUDY
MINUTES
CITY OF UKIAH PLANNING COMMISSION
March 26, 2003
MEMBERS PRESENT
James Mulheren, Chairman
Mike Correll
Kathleen Edwards
Robert Wallen
STAFF PRESENT
Associate Planner Lohse
Cathy Elawadly, Recording Secretary
OTHERS PRESENT
Listed Below, Respectively
MEMBERS ABSENT
Joe Chiles
The regular meeting of the City of Ukiah Planning Commission was called to order by
Chairman Mulheren at 6:30 p.m. in the Council Chambers of the Ukiah Civic Center, 300
Seminary Avenue, Ukiah, California. Roll was taken with the results listed above.
3. SITE VISIT VERIFICATION
N/A
1
APPROVAL OF MINUTES - February 26, 2003 and March 12, 2003
ON A MOTION by Commissioner Edwards, seconded by Commissioner Correll, it was
carried by an all AYE voice vote of the Commissioners present to approve the February 26,
2003, as submitted.
Recording Secretary Elawadly noted Associate Planner Lohse was the staff member in
attendance, as opposed to Planning Director Stump, relative to the March 12, 2003 Minutes.
ON A MOTION by Commissioner Edwards, seconded by Commissioner Correll, it was
carried by an all AYE voice vote of the Commissioners present to approve the March 12,
2003, as amended.
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEM~
No one from the audience came forward.
APPEAL PROCES~
N/A
7. VERIFICATION OF NOTICF
Staff reported a courtesy notice for the Rail-Trail Feasibility Study Workshop was published
in the Ukiah Daily Journal.
al
PUBLIC WORKSHOP
Rail-Trail Feasibility Study: ..The purpose of this Workshop is to receive ~
presentation from the City Planning and Public Works Departments concerninq thc
Rail-Trail Feasibility Study. The Study examines the feasibility of constructinq ar
approximate 10-foot wide paved multi-purpose trail through the City within tho
MINUTES OF THE PLANNING COMMISSION
Page !
March 26, 2003
f TTf)£,H/I,1Ek/T
existing railroad riqht-of-Way. The Workshop is intended to provide a means for tho.
Planning Commission and public to learn about the Study, ask questions, provido
suqaestions, and participate in the discussion.
City Deputy Director of Public Works Seanor and Associate Planner Lohse provided a
power point presentation outlining the key elements of the NCRA Trail Feasibility Study as
follows:
.History
* This project is the number one priority of the Bicycle and Pedestrian Master
Plan adopted in 1999.
* The Master Plan envisioned the trail extending throughout the entire Ukiah
Valley.
Description
* The proposed Rail-Trail segment would extend from Talmage Road in the
South to Brush Street in the north, approximately 1.6 miles.
* This project uses a rail with trail concept as opposed to a Rail-Trail (where
the railroad no longer operates).
Staff provided a graphic depiction of the proposed setback, consisting of 25 feet between
the rails and proposed optional fence and/or barrier relative to the 8-1 O-foot minimum width
paved pathway. They briefly elaborated on various sections of the proposed trail for
identification purposes, beginning with Brush Street, as the trail would extend through town
to Talmage Road. The graphic depiction specifically mapped the trail beginning at Brush
Street located to the north, continuing to Ford, Clara, Norton, Gobbi, Waugh Lane, and
ending at Talmage Road, drawing attention to such important factors as the proposed
setback and paved trail dimensions, 4-foot gravel shoulder, areas incorporating Iow traffic
volume, unprotected crossings, bridges, proposed barriers, railroad right-of-way boundaries
and trestle, and study recommendations such as flashing signals and protective signage for
roadway crossings. The proposed Rail-Trail would extend through residential, industrial,
and commercial zoning designations, and staff anticipates the project would enhance the
aesthetic appearance of these areas, as well as provide increased business opportunities
and major linkage between the northern and southern portions of the community.
Although the study provides 10 project goals, staff emphasized three important goals to
include, providing for an alternative to walking or bicycling on City streets, providing for a
north-south link between neighborhoods, commercial centers, existing and proposed east-
west travel corridors, and the potential for utilizing existing roadways crossings whenever
possible.
Mr. Lohse advised the City Public Works department is involved with securing a grant for
the restoration of the existing train depot, represented as a very significant component of the
project.
Associate Planner Lohse referenced the Ukiah NWP Rail-Trail Feasibility Study prepared
by the consulting firm of Alta Planning and Design, encouraging the Planning Commission
and public to comment on the document prior to the Commission taking action on the study.
He noted the title of the study was changed to read, "NCRA Rail-Trail Project Feasibility
Study," since NWP no longer owns the associated property. There were no public members
in attendance to make comments. The study determined the project would benefit the
MINUTES OF THE PLANNING COMMISSION
Page 2
March 26, 2003
P, 2_
community. Specifically, the potential development of a "rail-with-trail facility" for pedestrians
and bicyclists would extend along a 1.61-mile long portion of the Northwest Railroad
property through eastern Ukiah from Talmage Road to Brush Street. The plan was referred
to a number of agencies with review responsibilities, noting the responses were detailed and
generally favorable. Staff also forwarded copies of the study to Doug Christy, Executive
Director of the North Coast Railroad Authority (NCRA), noting the NCRA Property
Committee endorsed the plan and voted to forward it to the NCRA Board of Directors for
review. The Property Committee suggested City staff address safe setbacks and trail and
insurance liabilities issues. The staff report addressed the proposed Rail-Trail design
features, whereby construction and paving of the trail must comply with Caltrans standard
specifications. Fencing or landscaping may also be constructed along trail sections where
privacy is required, and signing will be installed at individual street crossings. The consultant
recommended that the edge of the Rail-Trail closest to the railroad tracks be set back 25
feet from the center of the tracks where feasible.
Staff provided an analysis of the project's consistency with the Ukiah General Plan and
other plan/zoning requirements, and concluded that the benefits provided by the trail warrant
its implementation, as it would provide pedestrians and bicycle riders with a safe and
efficient north-south corridor for recreation and community access purposes.
The feasibility study estimates the cost for construction of the Ukiah NWP Rail-Trail would
be approximately $1,775,000, encompassing additional costs for right-of-way acquisition
and annual maintenance and operations costs. Construction would include a 10 percent
contingency fee. The Rail-Trail would be constructed with grant funding sources as they
become available, in order to minimize impacts to the City's General Fund.
The study provides historical information relative to the Northwest Pacific rail corridor and
outlines 10 project goals. The rail corridor is owned and administered by the NCRA, formed
in 1989 by the California Legislature under the North coast Railroad Authority Act. The
study provides information on key .project elements to include utility easements, relevant
streets such as Clay and Gobbi Streets, and Talmage Road, the existing Ukiah Railroad
Depot, significant waterway crossings, regional and local parks, schools, alignment options,
design and implementation standards listed on page 27 of the study, recommended width,
structural section, drainage, barrier posts, bikeway crossing of railroads, signing, markings,
and traffic control devices issues, application of standards relative to Caltrans, striping
issues, unprotected crossings and railroad crossings, landscaping, and amenities.
Chairman Mulheren dispensed with conducting a public hearing, as no audience was
present, and a project discussion was conducted between staff and. the Planning
Commission.
Commissioner Wallen addressed the County correspondence in connection with the
project and why the Rail-Trail would end at Brush Street on the northern terminus, and
inquired whether the trail could be extended to the Cross-Roads Shopping Center.
Mr. Lohse responded the long-term plan is to extend the Rail-Trail to Lake Mendocino Drive
and possibly beyond. He noted it is important for the County to eventually take an active
role and interest in this project.
MINUTES OF THE PLANNING COMMISSION
Page 3
March 26, 2003
Commissioner Wailen addressed the potential safety hazard associated with implementing
a walking, jogging, and bicycling trail abutting the railroad tracks, and inquired whether
placement of a fence or barrier has been considered.
Mr. L0hse responded that NCRA is very adamant about incorporating a clear separation
between the railroad track and the trail. He supported the concept of implementing a small,
3-foot fence to discourage smaller children from wandering onto the tracks. He stated
fencing is a technical matter not specifically addressed in the feasibility study, noting
considerations must be made relative to the issue of aesthetics in terms of height,
appearance, and durability. Staff and NCRA will consider alternative safety measures to
discourage people from walking or playing on the railroad tracks, should the trains again
become operable.
Commissioner Wallen noted homeless people are living in and around "railroad square,"
stating the project must be attractively constructed to encourage public usage and to
discourage occupation of the area by homeless persons.
Mr. Lohse stated many homeless people are living near the railroad tracks, but that most of
these people desire to live in privacy, and would not favor living around a highly used public
rail-trail facility. The Rail-Trail would provide a linkage between the northern and southern
portions of the community to assist people, including homeless persons, and emergency
vehicles to more effectively reach their respective destinations, eliminating the need to take
unnecessary and timely detours.
A brief discussion followed regarding the problems and potential solutions thereof relative to
the homeless encampments located near the railroad tracks.
Commissioner Correll inquired whether the opportunity for private funding for the project
would be an acceptable option, including community sponsored fund-raising functions.
Mr. Lohse responded Planning Department staff is not allowed to solicit funding, since they
are public officials, and any requests for project private donations would be referred to the
City Manager's office. Additionally, grant funding for public work improvements/repairs,
including a rail-trail or similar type of project benefiting the public, could originate from
private foundations or from wealthy individuals.
Commissioner Correll stated a beneficial use for the Ukiah Railroad depot site would be to
provide for social/recreation functions where the public could gather to eat, appreciate art,
and generally enjoy themselves. This section of the proposed Rail-Trail could act as the
focal point of the project, whereby the area is attractively landscaped and publicly pleasing.
Mr. Lohse addressed the aforementioned community-based site, noting the property is
owned by NCRA, and the future use of the property is still being explored. NCRA is not
considering specific development plans for the depot property at this time, but is working
with City staff to restore and occupy the historic depot building. NCRA funding needs may
require the agency to sell the property to a private owner, who may have other plans for the
property, although NCRA staff is open to public-use, as well. He commented on the potential
for the property being developed for high density housing units and/or commercial uses,
noting one problem is that property is located in the B-2 Airport Compatibility Zone that
discourages high density projects.
MINUTES OF THE PLANNING COMMISSION
Page 4
March 26, 2003
Commissioner Wallen commented on the development of grant funding opportunities,
recommending a focus on the topic of "Amenities," as provided for on page 41 of the study.
He further commented that grant funding opportunities may be easier to obtain if a wide
number, of uses for the property can be demonstrated, generating public interest such as
providing for recreational, historical/educational, natural/cultural landscaping amenities. He
elaborated on other communities, displaying public enhancing opportunities that provide a
mix of recreational and cultural/historical activities and features. Some of these public
recreational facilities were developed from older, historical areas in communities that have
been renovated and preserved.
It was noted the project would present an aesthetically pleasing presentation for the
community and visitors to enjoy and benefit. It was further noted the facility would provide an
incentive to clean up the corridors encompassing the railroad tracks and possibility initiate
other types of development to further augment the community.
Commissioner Edwards provided examples of other historical areas in communities that
have been successfully renovated to promote public interest, containing places where
people can leisurely browse and take advantage of the activities and sites.
Mr. Seanor provided a brief update on the Ukiah Depot project, noting grant funding in the
sum of $150,000 has been appropriated through the Transportation Enhancement Activities
(TEA funds). The City competitively applied for funding through the Mendocino Council of
Governments (MCOG). Federal funding allocations and the administration thereof require
compliance with federal environmental rules and regulations according to the National
Environment Policy Act (NEPA). A historical document has been prepared, and this
document has been reviewed by Caltrans and the US Department of Transportation
(Federal Highway Administration), and is currently in the State Historic Preservation Office
(SHPO). Caltrans can certify the project once there is environmental clearance, and the
project can proceed to design work for renovation of the depot.
Mr. Lohse stated the zoning regulations do not require the depot site to be historically
developed, and the best approach would be maintain/incorporate the same type of design
features/elements as the historic depot building. A practical approach for the Rail-Trail
facility would be to concentrate on the depot site as a focal or central point of the project,
ensuring that extra care and attention be given to the aesthetic features.
Chairman Mulheren commented that the depot area encompasses a large volume of land,
extending to Leslie Street, allowing the potential for a nice rail-trail project, should it become
available for development.
A brief discussion followed concerning whether advertisement and the potential for receiving
public contributions for the depot project would be acceptable. Staff noted a public
announcement would be appropriate, as long as the City initiated the construction as
opposed to a private entity.
Mr. Lohse stated the overall general public and governmental agency response regarding
the project appears to be favorable.
Commissioner Wallen identified several governmental agencies such as CDF and the
California Conservation Corps that could serve as a "good labor source."
MINUTES OF THE PLANNING COMMISSION
Page :5
March 26, 2003
A brief discussion followed regarding clean-up projects relative to brush clearing and other
similar types of tasks currently being prepared by City staff.
Mr. Lohse stated the City must follow specific procedures in terms of financially preparing
for payment of the project.
Chairman Mulheren proposed the Rail-Trail extend beyond Talmage Road so that other
people living and working as far south as Norgard Lane can benefit from the project.
Mr. Lohse stated the Bicycle and Pedestrian Master Plan project recommends the
pathways be located within the City limits. The Rail-Trail project could potentially extend
beyond the City limits, should it receive public support/cooperation.
Chairman Mulheren commented relative to the Bicycle and Pedestrian Master Plan project
period for construction, and further commented about the northern Rail-Trail boundary at
Brush Street, noting by the time construction begins, the Orchard Avenue Bridge would
have been renovated and changes made to the existing roadway. The Rail-Trail plan
demonstrates Iow traffic volume for the Brush Street area that would likely increase to a
higher volume when the changes to the Orchard Avenue Bridge and existing roadway have
been completed.
Mr. Lohse acknowledged Chairman Mulheren's comment, and stated that should the Brush
Street triangle remain under County management, future development would be
predominately commercial in nature. New development in the area would be mixed uses in
the event the property is annexed to the City.
There was continued discussion concerning the various proposed sections/corridors for the
project, noting people would greatly benefit from the Rail-Trail as it interconnects and
provides access with the various sections throughout the City. Specifically, homeless
persons would be able to use the facility to assist them to get back and forth for services.
Mr. Lohse recommended the Commission recommend that the City Council adopt the Ukiah
NCRA Rail-Trail Project Feasibility Study, as the first step toward planning and organizing
the construction thereof.
Commissioner Correll commented the project would likely receive increased public
approval and support if the depot section, for instance, was made aesthetically pleasing.
ON A MOTION by Commissioner Correll, seconded by Commissioner Wallen, it was carried
by an all AYE voice vote of the Commissioners present to recommend the Ukiah City
Council approve a Resolution to adopt the Ukiah NCRA Rail-Trail Project Feasibility Study.
Sa
ONGOING EDUCATION
A. "Why Plan?" - Chapter 1 of the Small Town Planning Handbook, APA Planners
press, 1988
Associate Planner Lohse stated the above-referenced material is for ongoing Commission
information.
10. PLANNING DIRECTOR'S REPORT
MINUTES OF THE PLANNING COMMISSION
Page 6
March 26, 2003
Mr. Lohse reported review of the Hillside Ordinance Revision would probably be conducted
when there are no other agenda items, so sufficient time can be devoted to hearing public
testimony.
There was a brief discussion concerning an update regarding the Housing Element of the
Ukiah General Plan, noting a City Council/Planning Commission workshop would be
conducted during April.
11. PLANNING COMMISSIONER REPORT~
Commissioner Wallen commented on his recent attendance at the Planning Institute,
noting considerable discussion concerned "infill," regarded as the new development trend
communities are adopting. He further commented on the fencing issue located at the west
end of Standley Street.
Commissioner Correll commented on a P!anning Institute topic, referencing one city
planning director that has taken a very "proactive stance and/or leadership role" in
establishing a comprehensible vision and subsequent set of guidelines/regulations for the
development/redevelopment of various sections of the community.
Commissioner Edwards acknowledged Commissioner Correll's comment, noting one of
the reasons for the successful establishment of a proactive role pertinent to development
issues was that builders favor certainty. When a city is very clear on development/planning
issues, builders have an easier time planning/designing a project.
Mr. Lohse recognized the importance of taking a leadership role for developments, noting
staff works closely with architects and contractors to present the Commission with an
architecturally pleasing project. Furthermore, staff's intent is to provide and enforce
development standards in addition to allowing for project flexibility.
A brief discussion followed regarding implementing infill concepts for this community,
including the associated benefits.
12. ADJOURNMENT
,,~~, the~e~ adjourned at 9:11 p.m.
~ames ~~,¢~C hairm an
~;... ~:.;.,.. :~1
C~,~la'wacily, Rec,,~rding Secretary
MINUTES OF THE PLANNING COMMISSION
Page 7
March 26, 2003
EUGENE C. CALVERT
DI'- -~TOR OF TRANSPORTATION
COUNTY OF MENDOClNO
DEPARTMENT OF TRANSPORTATION
340 LAKE MENDOCINO DRIVE
UKIAH, CALIFORN IA 95482-9432
(707) 463-4363 FAX (707) 463-5474
l 8 February 2003
Dave Lohse, Associate Planner
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
RE: UKIAH NWP RAIL TRAIL PROJECT FEASIBILITY STUDY
Dear Mr. Lohse:
FUNCTIONS
Administration & Business Services
Airports
County Surveyor
Engineering
Land Improvement
Roads and Bridges
Solid Waste
We have reviewed the above referenced project feasibility study, received under cover of your transmittal
letter dated 24 January 2003, and offer the following comments for your consideration:
This project consists of the review of the Ukiah NWP Rail Trail Feasibility Study, which was prepared
by Alta Planning & Design, to analyze the potential development of a "rails with trail" facility along a
1.61 mile long portion of'the Northwest Pacific Railroad tracks that run in a north-south direction
through the eastern section of Ukiah.
.
The project limits, as presented in the study, extend from Brush Street to Talmage Road. Please note
that the Bicycle and Pedestrian Master Plan (draft plan dated 10 July 1998) established the limits of the
Rail Trail between Ford Road and Norgard Lane, further north and south of the project limits
envisioned by this study. We recommend a northerly terminus at Ford Road be strongly considered, as
this would greatly increase the use of the Rail Trail by providing a connection to the fairgrounds, the
future MTA transit center, the Crossroads Shopping Center, and a direct connection to the Empire
Drive bike lane (which connects to the Bush/Dora bike lane) and the County's North State Street bike
lane. Furthermore, discussions at the public meeting for the Bicycle and Pedestrian Master Plan
demonstrated much interest by the public for extending the Rail Trail northerly to connect to
Mendocino College and to Lake Mendocino Drive. A southerly extension to Airport Road or Norgard
Lane would provide much improved access to south Ukiah neighborhoods, shopping centers, and the
airport, and further extension to Plant Road and Taylor Drive would provide direct access to MTA, the
animal shelter, the treatment plant, the solid waste transfer station, and the pear packing sheds where
many seasonal workers and students are employed during the harvest season. (Please note that the
existing Plant Road/US 101 over-crossing was considered an unmitigated impact to bike and pedestrian
traffic when the solid waste transfer station was developed.) Although these destinations include areas
outside of the City limits, the feasibility study should take a regional view of the Rail Trail and provide
a discussion on the opportunities and constraints of future extensions to the north and south.
3. Other important issues not addressed in the feasibility study include: trail maintenance and security,
Dave Lohse- Rail Trail Fe~.~ !ty Study
Page 2 of 2
liability issues for the North Coast Railroad Authority, and safety of users alongside an active railroad.
If you have any questions regarding this, please contact me at your convenience.
Sincerely,
BENJAMIN KAGEYAMA
Civil Engineer
cc: Frank Lynch, Planning & Building Services
File 1-19 .
C. D. Wolbach, Ph.D.
Air Pollution Control Officer
DONNA ROBERTS NASH
Office Manager
COUNTY OF MENDOCINO
AIR QUALITY MANAGEMENT DISTRICT
UKIAH, CALIFORNIA 95482
306 East Gobi3i Street
Ukiah, Carrfornia
(707) 463-4354
Fax: (707) 46,.3-5707
Tuesday, January 28, 2003
Dave Lohse
Associate Planner
City of Ukiah
300 Seminary Ave
Ukiah, CA 954820-5400
Subject: NWP Rail Trail Project Study
Mr. Lohse,
The District has received and reviewed the NWP Rail and Trail project feasibility study
and has the following comments at this time.
1.) Clay Street is misidentified as Clark Street on Detail Sheet number 2.
2.) This project will greatly enhance bicycle circulation in the City of Ukiah and is
likely to improve air quality by reducing vehicle trips.
3.) Portions of this project are likely to be eligible to apply for District grants when
funds are available.
4.) The city should pay special attention to providing safe bicycle and pedestrian
connections to the project if and when it is built. For example neither Brush
Street, Talmage Road, nor Airport Park Boulevard currently have adequate
bicycle facilities. Without good connections to the existing bicycle routes this
trail, or portions of it, would be underutilized.
5.) The City may want to consider some sort of lighting for the corridor. Lighting
would make the route seem safer and more inviting during the morning and
evening commute hours. Lighting could be added as a separate project after the
initial trail is built, however planning for it now may reduce furore costs.
In addition to the above comments the District questions some of the items in the cost
estimate. These items seem excessive at this point and greatly add to the project's cost.
This higher cost will make the project less competitive for grants and less likely to be
built.
$250,000 for restrooms and trailhead. It would seem that this cost could be
significantly reduced by making use of the restrooms facilities at the Depot,
which is currently being remodeled with other fimding. In addition Restrooms do
not seem vital for a 1.6 mile route in an urban area.
$15,000 for drinking fountains (2). Again for a 1.6 mile route drinking fountains
may not be a requirement and perhaps a single one outside of the Depot could
serve the purpose.
Please contact the District at (707) 463-4354 with any questions.
Sincerely,
Christopher D. Brown AICP
Air Quality Planner
CDB^Planning/ukiah rail and trail.doc
MCndoCino Council o'f Governments
-..
367 North Slate Street-- Suite 206 Ukiah, CA 95482
Phone (707) 463-1859 -- Fax (707) 463-2212
February 12, 2003
"DaVe L(~hse
City of Ukiah
300 Seminary Avenue
Ukiah, CA 954820-5400
Re: NWP Rail Trail Feasibility Smdy
Dear Dave:
RECEIVED
2003
I'tANNING DElft.
MCOG staff has completed review of the Uldah NWP Rail Trail Project Feasibility Study. In
general, we feel that the project would be a positive addition to the transportation system, providing .
much needed connectivity between e,xisting facilities and corridors and enhancing safety and
convenience of a non-motorized route already in use.
The project is consistent with the Mendocino County Regional Bikeway Plan, adopted by MCOG
on August 5, 2002, as well as the current Regional Transportation Plan, adopted February 5, 1996.
Spedfically, the project is supported by Regional Transportation Plan Policy 2.08(b) subparagraph
(1) and (2), and Goal 2.08(a). (These goals and polities also appear in the Regional Bikeway Plan.)
Although this project is not included as part of the Short Range Plan of the Regional Bikeway Plan,
it is included in the Inventory of Proposed BikewaYs, which documents all proposed bikeways
throughout the county, as a "High Need" project. While inclusion of the project in the Inventory
will make the project _eligible for potential funding sources, it is recommended that the 'project be
included in the Short Range Plan in the next update of the Bikeway Plan in order to make the
project more competitive. The next update w/Il take place in our FY 2005/2006 planning work
program.
Although not yet adopted, MCOG has prepared the 2001 Regional Transportation Plan, which is
antidpated to be adopted in April of this year. This trail project is consistent with goals and p01ides
of the Non-Motorized Transportation System section of the proposed Plan. It also appears in the
listing of Short-Term Projects for the City of Ukiah, Table IIIC-1 of the Plan.
In addition to being consistent with MCOG's goals for regional transportation, 'this project furthers
the spirit of two existing MCOG approved and funded projects, the rehabilitation and site
..
improvements for the historic Ukiah Rail DePot. We recommend that, if the City derides to pursue
· implementation of this rail trail project, the following funding sources be considered. Due to the
magnitude of the project, it may be necessary 'combining multiple sources to fully fund the project
· Transportation Enhancement Activities (TEA): In the last competitive TEA application
cycle, MCOG awarded funds to the City of Ukiah for rehabilitation of the historic Lrki._ah
C:Wly Documents~Correspondence~ohse 021203.doc
February 12, 2003
Page 2
/La/1 Depot. Mmy activities not allowed under other transportation funding sources are
eligible under the TEA program, such as bench installment or lmdscaping. The next
anticipated TEA application cycle will be in 2004.
,
State Transportation Improvement Program (STIP): MCOG has historically awarded 5% of
nexv STIP funding to bicycle and pedestrian improvements ($1'262,000 in the 2002 STIP
cycle) 'through a competitive application process. STIP cycles' 6~cUr every· t4qo y~s,. ~i~'
the next antidpated oPporumity to apPly for project funding in the summer of 2003.
2% TDA Bicycle and Pedestrian Program: MCOG axvards 2% of its available TDA funds to
bicycle and pedestrian projects. Although this is a relatively small source, it can be used to
provide the match to leverage larger grants.
State Bicycle Transportation Account (BTA): This'is a competitive funding source
administered by the State for projects that improve safety and convenience for bicycle
commuters.
While MCOG f~lly supports the develoPment of bicycle and pedestrian facilities, we also recognize
the need to maintain viability of rail operafign in the county. We. encourage the City of Ukiah to
work in cooperation with the North Coast Rail Authority to ensure that potential rail operations are
not negatively impacted by development of this trail.
Thank you for providing us this opportunity to comment. Please feel free to contact this office if
you have any questions. "
Sincerely,
.
Nephele S. Barrett
Assistant Planner
RECEIVED
FEB '! 3 2003
0Ff'0F
State of California - The Resourc( e__nc_~y .......................
DEPARTMENT OF Fi. H AND GAME
http://www, dfg.ca.gov
POST OFFIGE BOX 47
YOUNTVILLE, GALIFORNIA 94599
(707) 944-5500
February 4, 2003
GRAY DAVIS, Governor
Mr. Dave Lohse, Associate Planner
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482-5400
Dear Mr. Lohse:
Ukiah North West Pacific (~5'[P)·Rail Trail
Project Feasibility Study and
Project Feasibility Study Ukiah NWP Rail Trail
City of Ukiah, Mendocino County
Department of Fish and Game (DFG) personnel have reviewed the
subject documents for the Ukiah NWP Rail Trial project in the City
of Ukiah (City). The project is to develop a "rails-with-trails"
facility along a 1.61 miles section of the NWP Railroad tracks that
run north-south through the eastern portion of the City just wes5
of Highway 101 in Mendocino County.
.
Two of the study maps show that the proposed bicycle and
pedestrian trail would cross Orr Creek (Schematic Trail Plan -
Reach 1: Brush Street to Norton Street map) and Doolan Creek
(Schematic Trail Plan - Reach 4: Cooper Lane to Talmage Street
map). The Orr Creek crossing states that a new bridge is being
proposed across this particular creek.
DFG may require a Streambed Alteration Agreement (SA_A),
pursuant to Fish and Game'Code, Section 1601, with the CS. ty prior
to commencement of any activity that will divert or obstract the
flow or change the bed, channel, or bank (which may include
associated riparian resources) of the water course, or use material
from the streambed. DFG's issuance of an SAA for a project that is
subject to the California Environmental Quality Act (CEQA) will
require CEQA compliance actions by DFG as a responsible agency.
DFG, as a responsible agency under CEQA, may consider the lead
agency's Negative Declaration or Environmental Impact Report for
the project. To minimize additional requirements by DFG pursuant
to Chapter 1600 et seq. and/or under CEQA, the CEQA document should
fully identify the potential impacts to both streams or riparian
resources and provide adequate avoidance and mitigation, as well as
any necessary monitoring and reporting commitments for issuance of
the SAA. Special consideration should be given to potential
Mr. Dave Lohse
February 4, 2002
Page 2
adverse effects to anadromous fish. An SAA application package is
enclosed. If you have questions regarding this process, please
contact DFG at (707) 944-5520.
The U. S. Army Corps of Engineers (Corps) has jurisdiction
over the discharge of fill to streams under Section 404 of the
Clean Water Act. If any work is to be done in creeks, we advise
that the Corps be notified to determine if they have jurisdiction
and would require a permit. We also advise that the City contact
the Regional Water Quality Control Board to consult for evaluation
of the project's storm water discharge and if issuance of a Clean
Water Act Section 401 Certification permit (water quality
certification) would be required.
The City's referral memo states that the proposed 1.61-mile
long bicycle and pedestrian trail would be paved including portions
of the trail 100 feet wide in the more incorporated areas of the
City. While most of the habitat impacted appears to be ruderal
grassland, DFG also recognizes that the project cumulatively
contributes to the continual loss of wildlife habitat value in the
City's northern section. The referral memo states that
landscaping will be established along some trail sections. DFG
recommends that the project's plant palette emphasis be placed on
native vegetation landscaping whenever possible. We also recommend
native oak trees be incorporated wherever the project's trail
design space would allow.
If you have questions regarding our comments, please contact
Liam Davis, Environmental Scientist, at (707) 944-5529; or Scott
Wilson, Habitat Conservation Supervisor, at (707) 944-5584.
Enclosure (1600 package)
cc: See next page
Sincerely,
Robert W. Floerke
Regional Manager
Central Coast Region
Mr. Dave Lohse
February 4, 2002
Page 3
cc: Mr. Peter Straub
U. S. Army Corps of Engineers
333 Market Street
San Francisco, CA 94105-2197
Mr. Andrew Jensen
Regional Water Quality Control Board
5550 Skylane Boulevard, Suite A
Santa Rosa, CA 95403
rION AND HOUSING AGENCY
STATE OF CALIFORNIA--BUSINESS, TRANSr v
DEPARTMENT OF
TRANSPORTATION
DISTRICT 1, P. O. BOX 3700
EUREKA, CA 95502-3700
PHONE (707) 445-6412
FAX (707) 441-5869
TTY (707) 445-6463
GRAY DAVIS, govemo_____xr
Flex your power/
Be energy efficient!
February 13, 2003
Dave Lohse
Associate Planner, City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482-5400
Dear Mr. Lohse:
1-MEN-222-0.237
Ukiah Rail Trail
Thank you for giving Caltrans the opportunity to comment on the Ukiah NWP
Rail Trail Project Feasibility Study. We have reviewed this document and we
offer the following comments:
This project would make efficient public use of an existing transportation
corridor, providing a facility for multiple modes of travel. Caltrans supports
the development of innovative and inclusive approaches, and projects that
integrate and balance.community, aesthetic, and environmental values with
transportation safety and performance goals. This includes development of
facilities for non-motorized modes of transportation.
We strongly recommend close consultation and coordination with the North
Coast Railroad ~uthority--the owners of the property to be utilized in the
proposed project.
· We recommend that the City include trail lighting as part of the project, as
noted on p.40 of the study.
The study describes the project as being designed and built to the standard
for a Class I Bikeway "wherever possible." Adherence to design standards
and guidelines described in the ~Design and Implementation" section of the
study will help to ensure the safety of the traveling public. Please note that
the project, as described in the study, would be a ~multi-purpose' or ~multi-
use" trail, rather than a ~Class I Bikeway'--which the Highway Design
Manual states is for the "exclusive use of bicycles and pedestrians."
~ noted in the study, this project will include construction of a roadway
crossing of Talmage Road--State Route 222. This work, and any other work
within Caltrans' -- right of way, will require an Encroachment Permit.~iz~,~)
Requests for Encroachment Permit application forms can be sent to Caltrans
'Caltrans improves mobility across California'
Mr. Dave Lohse, p.2
District 1 Permits Office, P.O. Box 3700, Eureka CA 95502-3700, or
requested by phone at (707) 445-6390. Encroachment Permit application
forms, the Permit Manual and application instructions can now be found on
line at: <http ://www. dot.ca.gov~q/traffops/trksnwi~pe~its>.
If you have any questions, feel free to call me at the number above.
Sincerely,
Rex A. ~ackman,
Transportation Planner
Caltrans District 1 Community Planning
"Caltrans improves mobility across Californian
STATE OF CALIFORNIA
GRAY DAVIS,, ¢~overnor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
February 14, 2003
Dave Lohse
City of Ukiah
300 Seminary Avenue
RE: Ukiah NWP Rail Trail Feasibility Study
Dear Mr. Lohse:
File No. 183-23/
Ukiah NWP Rail Trail
I have reviewed the feasibility study for the Ukiah NWP Rail Trail that you sent to the CPUC on
Januauf 24, 2003. I have visited the project location and have a few comments.
The CPUC in general is not against bike/pedestrian trails within existing railroad right-of-ways
as iong as full attention is paid to safety. Not just for the people using the pathway, but the
railroad also. All structure clearances, including fencing, must conform to CPUC General Order
GO 26-D. All pathways must conform to GO 118.
In reading the study I saw that there was no mention of how the City is going to deal with the
sections of the project that are double tracked or where sidings or spurs are present. The
schematic included in the study shows the trail coinciding with existing track in at least two
areas. The railroad is double tracked south of Gobbi Street and there are numerous spurs and
sidings in the area north of Perkins Street. This issue needs to be addressed further.
general policy of the CPUC is to not create new crossings. The possibility of closing an existing
crossing in the area will need to be investigated if you wish to pursue opening a new pedestrian
crossing at Clay.
If you have any questions regarding this matter, please feel free to contact me at (916) 324-7134.
Sincerely,
David Stewart
Utilities Engineer
Consumer Protection and Safety Division
REPLY TO
Regulatory Branch
SUBJECT: File No. 276200N
DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105-2197
Mr. David Loshe
City of Ukiah
Associate Planner
300 Seminary Avenue
Ukiah, California 95482-5400
Dear Mr. Loshe:
This office has reviewed a letter of February 4, 2003, from the California Department of
Fish and Game, commenting on a proposed bicycle and pedestrian trial that would be constructed
on the Northwest Pacific Railroad right-of-way, located west of Highway 101, in the City of
Ukiah, Mendocino County, California. The letter indicates that the project would cross Doolan
Creek and Orr Creek, and require the construction of a new bridge at Orr Creek.
Unless exempt by regulation, all project related discharges of dredged or fill material
occurring below the plane of ordinary high water in non-tidal waters of the United States and
within the lateral extent of wetlands adjacent to these waters will require Department of the
Army authorization under Section 404 of the Clean Water Act (33 U.S.C. 1344). Waters of the
United States generally include the territorial seas, navigable waters, including all waters subject
to the ebb and flow of the tide, non-tidal interstate and intrastate waters, and.their tributary
waters, including lakes, ponds, rivers, streams, intermittent streams, and adjacent wetlands, the
use, degradation, or destruction of which could affect interstate or foreign commerce.
You may refer any questions on this matter to Mr. Peter Straub of my staff at telephone
415-977-8443. All correspondence should be addressed to the Regulatory Branch, North
Section, referencing the file number at the head of this letter.
Sincerely,
Jane M. Hicks
Chief, North Section
North Coast Railroad Authority Property Committee IVleeting
IVlarch 7th, 2003
ACTION SUMMARY
The North Coast Railroad Authority Board of Directors took the following action:
E.1 Director Campbell moved that the ProperLy Management Committee find, upon
the assurance of staff that all the appropriate procedures for disclosing and surplusing
are obtained and followed, that we recommend the disposition of the crane to the
museum. Director Simonson 2®, none opposed. Motion carried.
E.2 Director Campbell moved that the committee finds merit with the "Ukiah NWP
Rail Trail Project Feasibility Study" and that the full Board of Directors review it at a
future meeting. Director Simonson 2®, none opposed. Motion carried.
E.3 Director Spears moved to deny consideration of the Spy Rock land purchase.
Director Simonson 2nd, none opposed. Motion carried.
E.4 Director Simonson moved that the consideration of abandonment and sale of
land along the A & MR be tabled further to consider leasing possibility. Director
Campbell 2®, none opposed. Motion carried.
G. Announcement of Next Meeting
The regular board meeting will be April 16th, 2003, 10:00 am, City Council
Chambers, 300 Seminary Avenue, Ukiah California.
~TTIqLH i~E/'J T ~'5~
AGENDA
SUMMARY
ITEM NO. 7c
DATE: AUGUST 6, 2003
REPORT
SUBJECT: AUTHORIZATION TO SUBMIT ANNUAL GRANTEE PERFORMANCE
REPORTS, GRANT # 00-EDBG-738
Community Development Block Grant (CDBG) Program regulations require substantial
citizen involvement particularly at specific junctures in the process of active grants. The
submission of Annual Grantee Performance Reports (AGPR) is one of those occasions
necessitating a public hearing to insure citizen participation. This public hearing is to consider
the AGPR for Grant #00-EDBG-738 and the City's Revolving Loan Account (RLA). The
reports are attached.
The City of Ukiah is one of approximately 180 communities in California that is eligible
to compete for up to $870,000 each year in grant funds. The purpose of all CDBG money is to
benefit primarily persons of Iow-moderate income. The State CDBG program provides funds
for housing rehabilitation and construction, public works, economic development business
loans or infrastructure, and planning/technical assistance grants. The hearing was advertised
in the Ukiah Daily Journal 10 days prior (July 27) to the hearing date. Information regarding
the hearing and CDBG has been available at the Civic Center, including instructions for
submission of written comments in the event someone wishing to comment is unable to attend
the hearing. The City has offered to make assistance available to people with disabilities or to
people needing translation. On a continuing basis the City will provide technical assistance to
those individuals and organizations wishing to participate in the CDBG process.
(continued on page 2)
RECOMMENDED ACTION: Conduct Public Hearing, Receive Public Testimony, And
Authorize Submission Of Annual Grantee Performance Reports
For Grant # 00-EDBG-738.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine Performance Reports require changes and authorize submission of
modified reports.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Public notice in July 27, 2003 Ukiah Daily Journal
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Annual Grantee Performance Reports, pages 1-6.
APPROVED: '
c~d~ce-H~sleyl-City I~nager
AUTHORIZATION TO SUBMIT ANNUAL GRANTEE PERFORMANCE REPORTS, GRANT # 00-EDBG-738
August6,2003
Page 2
Grant #00-EDBG-738
The City was the recipient of a 1999-2000 CDBG Economic Development Allocation,
Economic Enterprise Fund grant award to establish a Business Assistance Revolving Loan
Fund Program and provide microenterprise counseling services to local entrepreneurs with
businesses of five or fewer employees including the owner. The CDBG grant number for this
award is 00-EDBG-738. Within this grant, the City has $342,950 with which to make loans to
businesses located and/or locating in the City of Ukiah and $73,300 to provide microenterprise
counseling services. The City's microenterprise program operator, The West Company, is
continuing to provide services to entrepreneurs in the City of Ukiah. The City's program has
provided ongoing assistance to 39 local entrepreneurs since October 2001.
A stipulation of the Business Assistance Revolving Loan Fund Program is that the funds
must be loaned by the 24th month of the grant period. Despite the City's consultants' efforts to
market the program and provide business loans, as of the 24th month of this grant term, they
were unable to make any loans with the funds from this grant. This was primarily due to no
demand for loans carrying the CDBG Federal and State overlay requirements and obligations.
to create jobs. In accordance with CDBG requirements, the City disencumbered the business
assistance loan funds. A proportional amount of the funds budgeted for Activity Delivery was
also disencumbered. In total, the City disencumbered $381,870 in funds from this grant.
Program Income, Business Retention and Expansion Revolving Loan Fund
In the past, the City has been the recipient of CDBG grant awards. Some of the
activities performed with these funds generate payment of "CDBG Program Revenue" to the
City. By Federal Law, these payments are required to be deposited into a Revolving Loan
Account (RLA) for use in funding additional revolving activities that benefit the CDBG Targeted
Income Group (TIG). TIG persons are those whose annual household income is 80% or less
of the County median household income.
The Business Retention and Expansion RLA is the City's vehicle for disbursement of
CDBG Program Income. During FY 2002-2003, the City received payments from CDBG
revolving activities and deposited these payments, as required by Federal law, into the
Business Retention and Expansion RLA. These funds are intended for use in providing loans
to businesses located or locating in the City of Ukiah that will generate additional CDBG
Program Income and provide benefit to the CDBG TIG Beneficiaries. These loans are subject
to all State and Federal overlay requirements associated with CDBG grant activities, (i.e. labor
standards, environmental compliance, etc.).
The City did not expend any Program Income from this RLA during this past Fiscal
Year. The City's experience with CDBG grant #00-EDBG-738, described previously, has
indicated that demand for business loans carrying the CDBG required State and Federal
overlays and the obligation to create jobs is less than anticipated given the current state
economic climate.
Staff recommends approval of the reports and authorization of their submittal.
mfh:asrcc03
0806CDBG
Community Development Block Grant Program
GRANTEE PERFORMANCE REPORT
For period 7/1/02 to 6/30/03
.Coversheet/Cerfiflcation
Gcaeral Infor~mti0~:
Jurisdiction: .City of Ukiah
Otzar # or i~F Name: 00-EDBG-738
Address of Jurisdiction:~300 Scm/nary Avenu~
Uldah_,, CA 95842
Name of Prcparer: Matt Yancey, ADE
Title: Associate
Phone: 916- 441-0323
X Annual or.___._,_..__Final GPP,.
If grant, check type: ___,._.G/NA
.X ED
,CheckList of C9_ntents: (include alI parts applicable to your granv'RLF type)
Aetivi ,ty 1 Aetivl ,ty 2 ~etivity 3 Activity, 4
Inc. N/A Inc. N/A Inc. N/A Inc. N/A
Coversheet/~crfificat/on '-' ~
Part 1. Cgrnmon Demographics .,. X ~- X X
_Part 2. Housin$ Activities X -' X X .... X
Part 3. PubLic ~or_k? Activities X X X x
Pan 4. Public Services and Co~-,~,,-i~ - -
Facilities Activities X X X X
Part $. Economic D=vel0p'm~nt Activit/es ...... X X X X
Part 6. DisplacementFR. cphcement Information X . 'X X X .. J
Cert/fication;
I have reviewed the enclosed data and certify that to the best of my knowledge these data are true and accurate and the supporting
records will be maintained and are' available for State review.
Silpaature of Authorized Representative
Candace Horsely. Ci~ Manager
Printed Name and Title
gurisdict/en; Ciw of Uki~h
Part 5. Economfc Development Actlvitie~
Grant No,/RI.F: 00-EDBG-738
Nur~bcr o£Yobs Createct/Ketained: ('During thi~ report period)
a, .lobs created
b. 1ohs retained
Full Time Jobs
0
0
Number of Businesses Assisted: (During this r~ortperiod)
New Bus~e~ses: 0
Ex/sting Businesses:
Number of Cheats Assisted: (Microenterprtse Assistance Only)
Beneficiaries by Erhr~icity~ (During this report period)
Total Job Count
Full Time I ie ~
'rig Jobs Par~ Ti Jobs~
0 -
0
Part Time
'rig Jobs?
Ethnlelty
White/Non-Hispanic
Black/Non-Hispanic
__Hispanic
Asia~Pacific Islander
American Iudian/A1aska Na~Lve
Other/Unspecified
Number of Persons
31
5
0
TOTAL
2
39
Number of Handicapped Beneficiaries:
If the activity does not meet the National Objective for TIG benefit, does the National Objective meet the Slum Blight Area's
ObjectiveS? [] Yes [] No
£f yes, please provide the following information:
Percent of detenorated houses
Public Improvement Type/Condition:
% SBA designator year
Boundaries:
Provides at least 875 work hours,
Provides at least 875 work hours to TIG imtividu~ls,
Pertains only to Program Income and Economic Development activities.
Coversheet/Certlfication
Community Development Block Grant Program
GRANTEE PERFORM. ANCE REPORT
For period 7/1/02 to 6/30/03
General Infoymation:
Jurisdiction: Cit__AY_0_£ Ukiah __ X__~_Annual or_~
Grant # or RLF Name: B_3_usiness Retention and Expansion RLA
Address oflurisdiction: 300 Seminary Avenue
. ,.
F/ual GPR
I_f grant, zheck type: _
, GfNA
X ED
Uldah,, CA 95842
Name of Preparer:
Matt Yancey, ADE
Title: Associate
Phone: 916- 441-0323
,,
L'~hecld~t of Con~en~: (include all parts applicable to your grant/RLF type)
Activity ~. Activity 2
lne, N/A Inc. N/A
Actlvi~, 3
Int. N/.A
Coversheet/Ccrtiflcation
Part 1. Cormaon Demographics
Pan 2. Homing Activities
Part 3. Public Works Activities
Part 4. Public Sca-vices and
Facilities Activities
Part 5,, Economic Development Activitics
Part 6. Displaceme_nt/Replacetnent Information
X
Certification_.A
Activi ,ty 4
Inc. N/A
I have reviewed the enclosed data and certify that to the best of my knowledge these data are tree and accurate and the supporting
records will be maintained and are available for State review.
Signature of Authorized Representative
Candace Horselv. Ci_ty Manager
Printed Name and Title
Date
Jvzisdictiou: Ci~ of L"~ciah
Part 5. Economic Developrneut Activities
Grant No,,"KLF; Econ0m/c Development Revolving Loa~ ,Account
No activity this period.
Nu~,,ber of Yobs ~reated/Rcta~ed: (During this repot?period)
t Full Time Sobs
a. Jobs created 0
b. Jobs retained 0
Total Job Colin?
Full Time
TIG J'obs
Part Time Sobs6
0 0
0 0
NulBber of B~inesses Assisted: (During this repot?period)
Part Time
TIG Jobs7
0
0
New Businesses: 0 Existing Businesses:
Number of Clients Assisted: (Microenterpr~se Assistance Only)
Beneficiaries by Ethnigjty.' (During this report per~od)
Ethnicity
WhitdNon. Hispanic
Black/Non-Hispanic
Number of Persons
Hi~mic 0
0
Asian/Pacific Islander
American Indian/Alaska Native
TOTAL
Ot~er/Unspeclned
Number of Handicapped Beneficiaries:
If the activity does not meet the National Objective for Xm benefit, does the National Objective meet the Slum Blight Area's
ObjectiveS? [] Yes [] No
If yes, please provide the following information:
Percex~t of deteriorated houses
,_.% SBA designator year
Public Improvement Type/Condition:
Botmdaries:
Provides at least 875 work hours.
Provides at least 875 work hours to TIG individuals.
Pertains only to Program ~come and Economic Development activities.
ITEM NO. 8a
DATE: Au,qust 6, 2003
AGENDA SUMMARY REPORT
SUBJECT: STATUS REPORT REGARDING UKIAH SKATEPARK LOCATIONS
As several developments have occurred since Council's last discussion regarding potential
skatepark sites, Staff is presenting this report to update Council on recent activities. In its
previous discussions Council has reviewed potential sites in public parks such as Todd
Grove, Oak Manor, Vinewood, and Low Gap as well as City and privately owned,
undeveloped properties. With the exception of Low Gap Park, Council has eliminated all
of these sites due to either neighborhood resistance or lack of adequate space.
Most recently Council directed staff to pursue two sites, Low Gap Park and the potential
purchase of three parcels located on East Clay Street and adjacent to Carpenter Park and
the Grace Hudson Museum. The property presented an opportunity to reassemble the
historic Carpenter/Hudson estate with a portion of the property available for the skatepark.
An appraisal of the property was completed, however, the property owner has indicated a
sale price significantly higher than the appraised value and consequently negotiations
have ceased.
(Continued on Pa,qe 2)
RECOMMENDED ACTION: After discussion provide direction to staff regarding proposed
Skatepark sites.
ALTERNATIVE COUNCIL POLICY OPTIONS: Provide direction to staff regarding an
alternate location for the skatepark.
Citizen Advised: YES
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Larry W. DeKnoblough, Community Services Director
Candace Horsley, City Manager and Sage Sangiacomo, Community
Services Director
Aerial Photograph of NCRA Depot Site with Proposed Skatepark
Location
APPROVED: ~~_ i~c ~ ~
Candace ~orsley, City Manafr
SkateparkUpdate.Asr. 8.6.03
LD/ZIP2
Staff has continued to meet with the Skatepark Committee every two weeks with the focus of
discussions on the single remaining site at Low Gap Park. The primary constraint to Low Gap
Park has been the proximity of the Ukiah Players Theatre and the potential for noise intrusion
from activities at the skatepark. In order to assist with resolution of the issues, a representative
of the Players Theatre has been invited to participate on the Skatepark Committee and has been
a regular attendee.
In addition, Vice-Mayor Baldwin has discussed the Low Gap site with representatives of the
Players Theatre who recommended the skatepark be relocated from its originally proposed
location on the east side of the park to the playground area on west side of the tennis courts.
Staff does not recommend this location as the site area is small and the playground would need
to be relocated to a new, unshaded area of the park. Relocation of the playground would also
be an additional expense.
Most recently an additional site has potentially become available. At a recent Skatepark
Committee meeting a representative of the North Coast Railroad Authority (NCRA) identified a
portion of the Depot property, which may be available for the skatepark. The suggested location
is adjacent to the south boundary of Gibson Creek and comprises approximately one acre. An
aerial photograph of the proposed site is attached. Staff has met with the Interim Executive
Director of NCRA and at his recommendation is met with the NCRA Property Committee on
August 1. Councilmember Andersen volunteered to participate in that meeting as well. The
purpose of the meeting was to discuss NCRA's willingness to enter into an agreement for the
property and to investigate its initial expectations. The Property Committee expressed support
for the project and requested that a more specific proposal be prepared and submitted for
discussion. The Committee also indicated that any agreement would need to be at market value
for the property and that it would be willing to consider alternative sites on the Depot property,
specifically in the southeast portion.
Staff also be discussed with the Property Committee any issues which may be present and
possibly inhibit the skatepark's development. During discussions regarding previous proposals
for the Depot property, several issues such as clear title to the property and future railroad use
of the site have prevented development. Clarification of any outstanding development
constraints should be acquired prior to any discussions for securing the site.
Staff believes that, excepting any unforeseen issues, the depot property would be an excellent
location for the skatepark, particularly in context with the Perkins Street frontage pocket park
and the landscape improvements planned for that area. The Skatepark Committee has
enthusiastically endorsed the site and is recommending that the City enter into discussions with
the Railroad. As the depot site had not been discussed by Council previously, Staff is
presenting this update to inform the Council and requesting any direction the Council may wish
to provide.
Rail Road Depot
Item No. 8b
Date: August 6 2003
AGENDA SUMMARY REPORT
SUBJECT: RE-SCHEDULING OF WASTEWATER
PRELIMINARY DESIGN WORKSHOP
TREATMENT PLANT
A workshop to discuss the wastewater treatment plant preliminary design and results of
various operational analyses with the City Council and Ukiah Valley Sanitation District was
scheduled for a time prior to the August 6, 2003 City Council meeting. The Ukiah Valley
Sanitation District Board of Directors has requested that the workshop be re-scheduled so
their members will be able to attend. Members of the Brown and Caldwell design team will
not be available on August 20, 2003. It has been determined that all parties would be
available on September 3, 2003 from 4:00 to 6:00 p.m. Therefore, staff is requesting that
the Wastewater Treatment Plant preliminary design workshop be re-scheduled for 4:00
p.m. September 3, 2003.
RECOMMENDED ACTION: Re-schedule the Wastewater Treatment Plant preliminary
design workshop for 4:00 P.M., September 3, 2003.
ALTERNATIVE COUNCIL POLICY OPTIONS' Direct staff as to other more appropriate
date and time.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Ukiah Valley Sanitation District Board of Directors
Darryl L. Barnes, Director of Public Utilities
Candace Horsley, City Manager
None
APPROVED:
Candace Horsley, City I~ager
AGENDA SUMMARY REPORT
Item No. 9a
Date: August 6, 2003
SUBJECT:
ADOPTION OF RESOLUTION APPROVING COOPERATIVE AGREEMENT TO
PROVIDE FUNDING AND RESOURCES FOR DEVELOPMENT OF A MIXING
ZONE POLICY
The recently promulgated federal California Toxics Rule (CTR) establishes water quality
criteria for the protection of aquatic life and human health for the state's surface water bodies.
Additionally, the State Policy for Implementation of Toxics Standards for Inland Surface Waters,
Enclosed Bays, and Estuaries of California (SIP) establishes a procedure for determining effluent
quality limits such that CTR objectives are attained. CTR/SlP effluent limits derived without
consideration of dilution in the receiving water can be, under some circumstances and for some
constituents, difficult or impossible for Russian River dischargers to attain, despite their advanced
wastewater treatment systems that produce high quality effluent. The SIP allows for consideration
of dilution by each of the nine Regional Water Quality Control Boards when establishing effluent
quality limits (mixing zones).
Region 1 has not yet developed a policy and is presently without staff resources to develop
such a policy. Dischargers in the Russian River Watershed organized and developed a plan to
fund independent studies and provide Region 1 staff with resources to develop a mixing zone
policy. The City of Ukiah's role as Administrator would be performed in lieu of its share of the
costs, approximately $75,750. The total cost of the project is estimated to be $750,000. The
participating dischargers in the agreement are the cities of Cloverdale, Healdsburg, and Santa
Rosa, the Town of Windsor, the Sonoma County Water Agency on behalf of the Graton Sanitation
Zone, and the Forestville County, Russian River County, and Occidental County Sanitation
District.
Staff believes this cooperative effort is the most efficient method to address this matter.
The City Attorney has reviewed and approved the agreement.
RECOMMENDED ACTION: Adopt Resolution Approving Cooperative Agreement To Provide
Funding And Resources For Development Of A Mixing Zone Policy
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Enter into cooperative agreement but not in Administrator capacity and authorize funding for
City of Ukiah portion.
2. Reject agreement and direct Staff as to alternatives.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachment:
N/A
N/A
Jerry Gall, Wastewater Treatment Supervisor
Candace Horsley, City Manager
1. Resolution, including agreement, for adoption;
2. Information regarding mixing zones.
APPROVED: ~.%.
Candace Horsley, Cit¥'~anager
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
APPROVING COOPERATIVE AGREEMENT TO PROVIDE FUNDING
AND RESOURCES FOR THE DEVELOPMENT OF A MIXING ZONE POLICY
WHEREAS, the City of Ukiah is committed to maintaining the region's high quality natural
environment; and
WHEREAS, the City of Ukiah is committed to working with the Regional Water Quality
Control Board in studying and taking action to address water quality issues of mutual concern;
and
WHEREAS, the State Policy for Implementation of Toxics Standards for Inland Surface
Waters, Enclosed Bays and Estuaries of California establishes a procedure for the Regional
Water Quality Control Board to determine effluent quality limits for the City of Ukiah Treatment
Plant such that water quality objectives are attained and this procedure allows for consideration of
dilution by each of the nine Regional Water Quality Control Boards when establishing effluent
quality limits (mixing zones); and
WHEREAS, the Regional Water Quality Control Board has not yet developed a policy
which provides for the consideration of mixing zones in this region and at present is without staff
resources to develop such a policy; and
WHEREAS, a mixing zone policy is essential to the development of effluent quality limits;
and
WHEREAS, all other dischargers in the Russian River Watershed also recognize the need
for a mixing zone policy and intend to approve the Cooperative Agreement To Provide Funding
And Resources For Development Of Mixing Zone Policy; and
WHEREAS, the City of Ukiah agrees to act in the role of Administrator in lieu of fees for the
participating agencies.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah
authorizes the City Manager to execute the Cooperative Agreement For the Development Of A
Mixing Zone Policy, attached as Exhibit A.
PASSED AND ADOPTED this 6th day of August 2003 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Eric Larson, Mayor
Marie Ulvila, City Clerk
Resolution No. 2004-
Page 1 of 1
COOPERATIVE AGREEMENT TO PROVIDE FUNDING AND RESOURCES
FOR DEVELOPMENT OF MIXING ZONE POLICY
This Agreement is made by, between and among the City of Ukiah ("Administrator");
and the City of Cloverdale, the City of Healdsburg, the City of Santa Rosa, the Town of
Windsor, the Forestville County Sanitation District, the Russian River County Sanitation
District, the Occidental County Sanitation District, and the Sonoma County Water
Agency on behalf of its Graton Sanitation Zone, hereafter collectively referred to as
"Participants."
RECITALS
Ao
a.
Co
The recently promulgated federal California Toxics Rule (CTR) establishes water
quality criteria for the protection of aquatic life and human health for the State's
surface water bodies. The State Policy for Implementation of Toxics Standards for
Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP)
establishes a procedure for California's various Regional Water Quality Control
Boards to determine effluent quality limits such that CTR objectives are attained.
The City of Cloverdale, City of Healdsburg, City of Santa Rosa, City of Ukiah,
Town of Windsor, Forestville County Sanitation District, Russian River County
Sanitation District, Occidental County Sanitation District, and Sonoma County
Water Agency's Graton Sanitation Zone (Dischargers) anticipate the California
Regional Water Quality Control Board, North Coast Region (Regional Water
Board) will consider modification of their respective current or future NPDES
permits to include effluent limits derived under the CTR/SIP. The City of
Healdsburg does not currently have an NPDES permit, but contemplates studying
direct discharges to surface waters as part of its Wastewater Treatment Plant
Upgrades EIR, and could therefore potentially be affected by the CTR/SIP.
The Sonoma County Water Agency owns and operates the Graton Sanitation Zone.
The Sonoma County Water Agency operates the Forestville County Sanitation
District, Occidental County Sanitation District, and the Russian River County
Sanitation District, ("Districts") under contract with these entities. The General
Manager/Chief Engineer of the Sonoma County Water Agency has been authorized
by Board resolution to enter into certain agreements for the Graton Sanitation Zone
and Districts.
D. A mixing zone policy is essential to the development of CTR/SIP effluent limits.
1 of 7
Eo
Fo
The Regioml Water Board has not yet developed a policy which provides for the
consideration of mixing zones when establishing CTR/SIP effluent limits and at
present is without staff resources to develop such a policy.
Dischargers are willing to provide funding and technical information to the
Regional Water Board such that Regional Water Board staff can develop a Mixing
Zone Policy for consideration by the Regional Water Board according to the
Russian River Watershed Mixing Zone Policy Development Plan (Exhibit A).
AGREEMENT
The Administrator and Participants agree as follows:
1. COST-SHARING
The estimated cost to complete the Mixing Zone Policy as outlined in this Agreement
is $750,000. Participants and Administrator shall share in the cost of the Mixing Zone
Policy Development Study on the basis of their respective pro-rata share of combined
permitted average dry weather flow, as identified in their respective NPDES permits
or Waste Discharge Requirements, which is as follows:
Discharger Permitted Cost Estimated
ADWF Share Cost
(mgd)
Cloverdale 1.00 0.036 $27,000
Healdsburg 1.40 0.051 $38,250
Santa Rosa 19.20 0.694 $520,500
Occidental CSD 0.05 0.002 $1,500
Russian River CSD 0.71 0.026 $19,500
SCWA for Graton SZ 0.14 0.005 $3,750
Forestville CSD 0.10 0.004 $3,000
Ukiah 2.80 0.101 $75,750
Windsor 2.25 0.081 $60,750
Total 27.65 1.000 $750,000
2 of 7
2. ADMINISTRATOR RESPONSIBILITIES
Ao
Bo
Co
Do
Eo
Fo
Go
Ho
The Administrator shall prepare and negotiate a proposed Agreement with the
Association of Bay Area Governments (ABAG) to provide funding for the hiring of
staff that will work at the direction of Regional Water Board staff to support
development of a Mixing Zone Policy.
Administrator shall develop a Request for Proposals (RFP), solicit proposals and
award a contract or contracts for technical studies to support the development of
mixing zone policy.
The Administrator may request assistance from Participants to develop RFPs and
negotiate agreements.
Prior to issuing any RFP and prior to entering into any agreement or contract, or
any amendment to any agreement or contract, Administrator shall submit said RFP,
agreement, contract, or amendment to agreement or contract to Participants for
review, comment and written approval by the person(s) designated in Paragraph 5
of this Agreement.
Prior to requesting final work products of any technical consultants, Administrator
shall request draft work products from consultants and shall make draft work
products available to Participants for review and comment. Prior to providing any
technical consultant final work products to the Regional Water Board, the
Administrator shall obtain consent of Participants by written approval of the
person(s) designated in Paragraph 5 of this Agreement.
All invoices paid by the Administrator shall be clearly marked "Mixing Zone Policy
Development Study."
The Administrator shall, after approximately half of the deposit described in
Paragraph 3.A is expended, periodically invoice Participants for costs under the
ABAG and technical consultant agreements plus a ten percent fee to cover
administration and management of this Agreement. In no event shall the
Administrator invoice Participants for an amount greater than the authorized
invoices received by the Administrator plus 10 percent minus Participants' initial
deposit described in Paragraph 3.A of this Agreement. All invoices from
Administrator to Participants shall be clearly marked "Mixing Zone Policy
Development Study."
The Administrator shall maintain complete and accurate records of all transactions
in compliance with generally accepted accounting principles for enterprise
accounting as promulgated by the American Institute of Certified Public
Accountants and the Governmental Accounting Standards Board. Such records
shall be available to each Participant at all reasonable times for inspection and
analysis.
3 of 7
3. PARTICIPANT RESPONSIBILITIES
mo
Bo
Co
Do
E.
Fo
Upon execution of this Agreement, the each Participant shall deposit with the
Administrator 50 percent of its share of the estimated $750,000 cost as described in
Paragraph 1 oft his Agreement.
Each Participant shall make available any technical data in its possession relevant to
development of a Mixing Zone Policy.
Each Participant shall provide timely review of proposed Administrator agreements
with ABAG and technical consultants.
Each Participant shall, at the Administrator's request, assist in the negotiation of
agreements.
In the event that a Participant does not approve of an agreement or agreement
amendment proposed by the Administrator and the Administrator elects to execute
the agreement or agreement amendment, each Participant shall not be obligated to
pay costs associated agreement or agreement amendment beyond the initial 50
percent deposit required in Paragraph 3.A of this Agreement.
Each Participant shall promptly reimburse the Administrator its costs under
agreements with ABAG and technical consultants plus a ten percent administration
fee. The total cost to each Participant shall not exceed its respective share (as
described in Paragraph 1) of $750,000 without Participants' written consent.
4. INDEMNIFICATION
Each party shall indemnify, defend, protect, hold harmless and release the others, their
officers, agents, and employees, from and against any against any and all claims, loss,
proceedings, damages, causes of action, liability, costs or expenses (including fees and
witness costs) arising from or in connection with, or caused by any act, omission, or
negligence of such indemnifying party.
In addition, the parties acknowledge that pursuant to Paragraph 2 of this Agreement,
Administrator will enter and administer contracts with a consultant and ABAG on behalf
of the parties to this Agreement. The parties agree to provide a common defense to any
claims against Administrator which arise out of its performance under said Paragraph 2.
If any such claim is made against Administrator, the parties shall meet and agree on the
manner of providing that defense and on the equitable sharing of the costs thereof and of
any settlement or judgment.
4 of 7
5. AUTHORITY AND NOTICES
The persons or office designated below, shall upon execution of this Agreement, have
authority to grant discretionary approvals identified in this Agreement. Except as
otherwise specifically provided in this Agreement, any notice, submittal or
communication required or permitted to be served on a party, may be served by personal
delivery to the person or the office of the person identified below. Service may also be
made by mail, by placing first-class postage, and addressed as indicated below, and
depositing in the United States mail to:
City of Ukiah:
City Manager
300 Seminary Avenue
Ukiah, California 95482
(707) 463-6213
Town of Windsor:
Town Engineer
PO Box 100
Windsor, CA 95492
707 838-5340
City of Cloverdale:
City Manager
Address
Cloverdale, CA ZIP
707 894-1722
City of Healdsburg:
City Engineer
401 Grove Street
Healdsburg CA 95448
(707) 431-3369
City of Santa Rosa:
Deputy City Manager
PO Box 1678
100 Santa Rosa Ave,
Santa Rosa, CA 95402
707 543-3021
Forestville CSD/GratonSZ/Russian
River CSD/Occidental CSD
General Manager/Chief Engineer
Sonoma County Water Agency
P.O. Box 11628
Santa Rosa, CA 95406
(707) 521-1864
6. AGREEMENT BECOMING EFFECTIVE
This Agreement shall become effective upon execution by the Administrator and one
Participant and shall bind signers to the conditions of this Agreement upon execution. In
the event that the full compliment of Participants identified in Paragraph 1 of this
Agreement do not execute this Agreement, the cost sharing set forth in Paragraph 1 of
this Agreement may be modified, based on the signators' permitted ADWF, with the
written consent of the person(s) designated in Paragraph 5 of this Agreement.
5 of 7
7. TERMINATION
Any party may terminate its participation in this Agreement by giving one hundred eighty
(180) days advance written notice to all other parties of its intent to terminate it
participation in this Agreement.
8. ENTIRE AGREEMENT
This Agreement is the entire Agreement between the parties.
9. MODIFICATION
This Agreement shall not be modified except in writing executed by all parties or, as
expressly stated herein, by the person(s) designated in Paragraph 5 of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth
below.
City of Ukiah, Administrator
City of Cloverdale, Participant
By:
By:
Mayor Mayor
Date:
Date:
Approved as to Form
By City of Ukiah Attorney
Approved as to Form
By City of Cloverdale Attorney
Attest:
Attest:
City Clerk
City Clerk
6 of 7
City of Healdsburg, Participant
By:
Mayor
Date:
City of Santa Rosa, Participant
By:
Chairman, Board of Public Utlities
Date:
Approved as to Form
By City of Healdsburg Attorney
Approved as to Form
By City of Santa Rosa Attorney
Attest:
Attest:
City Clerk
Board Clerk
The Town of Windsor, Participant
Approved as to Form by County Counsel
By:
Town Engineer
Date:
Approved as to Form
By The Town of Windsor Attorney
Attest:
County Counsel
The Forestville CSD, Participant
The Russian River CSD, Participant
The Occidental County Sanitation District, Participant
The Sonoma County Water Agency on behalf of the Graton
Sanitation Zone, Participant
By:
Randy D. Poole
General Manager/Chief Engineer
Date:
City Clerk
7 of 7
Mixing Zones and R.egu!ato .,.Mixin,g. Zones
A mixhtg zone is the region in which the
initial dilution of a discharge occurs. Many
hydrodynamic definitions of mixing zones
include both ~ar7.fi__¢_d mixing as well as
b o u n~!~D:_ j_.n__t_ _e:r:a._~.t.i,.~,~.~ s processes.
In contrast, the r~u.!_aJ_ery.._!n, ixittg.z,o~!.¢~ is a
definition which allows for the initial
dilution of a discharge rather than imposing
strict end-of:pipe concentration
requirements fbr ~ ~ PDES water quality
pemdts for conventional and toxic
discharges. It can occur in the ncar-tield or
in the f}?fie.!.d after boundmy..i~!t.~rg~[j2!!
occurs. In theow, the r.e.gu!atory mixing
z~.~' may therefbre allow fbr efficient
natural pollutant assimilation. In practice
they can be used as long as the integrity of a
water body as a whole is not impaired.
PSU Home
..R..eg.u!.~tg_ry__MJ.x!ng....~.9~.n_~5_ ada pted from: Technical
Support Document For Water Quality-based Toxics
Control EPA/505/2-90-001 (k~.r_rg_e_El~.agg).
USEP. A Definitions and Requirements for Regu!atory.Mi,x_in_ng_Zo~es
Frorn the 1984 USEPA "Water Quality Handbook" (bold mine), the (regulatory) mixing zone is
defined as an "allocated impact zone" where numeric water quality criteria may be exceeded as
long as acutely toxic conditions are prevent. A (regulatory) mixing zone can be thought of as a
limited area or volume where the initial dilution of a discharge occurs. Water quality criteria
apply at the boundary of the (regulatoo,) mixing zone, not within the mixing zone itself:
Furthermore, "the area or volume of an individual (regulawry) mixing zone or group of
(regulator)') mixing zones be limited to an area or volume as small as practicable that with. not
interfbre with the designated uses or the established community, of aquatic life in the segment for
which the uses are designated," and the shape be "a simple configuration that is easy to locate irt
the body of water and avoids impingement on biologically important areas", and the "shore
hugging plumes should be avoided."
Within the (regulatory) mixing zone, USEPA requires "any (regulator),) mixing zone should be
fi, ee f?om point or nonpoint source related'
1. Material in concentrations that will cause a.~ut{l..!~o.xi~i!~j to aquatic life;
2. Materials in concentrations that settle to form objectionable deposits;
3. Floating debris, oil scum and other matter in concentrations that form nuisances;
4. Substances in concentrations that produce objectionable color, odor, taste or turbidity;
5. Substances in concentrations which produce undesirable aquatic life or result in a dominance
of nuisance species.
AGENDA SUMMARY
ITEM NO. 9b
DATE: August 6, 2003
REPORT
SUBJECT:
Discussion and direction to staff regarding changes to UCC Section
1203
SUMMARY The City Manager has requested a discussion of possible changes to Ukiah City
Code ("UCC") Section 1203 which currently provides: "Notwithstanding any other provision of this
Code, individual members of the City Council and the City Manager shall have the right of appeal
to the City Council of any action taken by an Commission, Board or Agency of the City."
SECTION 1203 NOT SUBJECT TO ANY LIMITS
As currently written, Section 1203 does not place any time limit on this right of appeal or require
a City Council member or the City Manager to comply with any of the requirements that apply to
appeals from the decisions of specific City Commissions or Boards.
THE PROBLEM WITH APPEALS OF LAND USE APPROVALS
This open-ended right of appeal can create uncertainty and other practical problems, particularly
for persons seeking land use approvals, such as site development permits, use permits or
variances from the Zoning Administrator or Planning Commission. While a property owner who
has been issued a use permit may acquire vested rights in that permit after he or she receives a
building permit and commences construction (see, e.g., Avco Community Developers, Inc. v.
South Coast Regional Commission (1976) 17 Cal. 3d 785, 791), property owners often receive
site development or use permits and incur liabilities or substantial expenses in reliance upon those
permits before they apply for a building permit or commence construction. As currently written,
(Continued on page 2)
RECOMMENDED ACTION: Provide staff with direction concerning any changes to UCC Section
1203.
ALTERNATIVE COUNCIL POLICY OPTION: Direct staff to: (1) do nothing, (2) prepare an
ordinance amending Section 1203 to incorporate one or more of the three basic requirements for
appeals of Planning Commission decisions under 9266, or (3) to prepare an ordinance repealing
Section 1203.
Requested by: Candace Horsley, City Manager
Prepared by: David J. Rapport, City Attorney
Coordinated with: Candace Horsley, City Manager
Attachments: Ukiah City Code Sections 1203, 9266.
APPROVED: y~'~
Cand~ce Horsley, (~i'ty-Malager
[Continued from page 1]
Section 1203 allows the City Manager or a City Council member to appeal the approval of such a
permit, six months, a year or more after the permit was originally issued.
THE NORMAL REQUIREMENTS FOR APPEALING PLANNING COMMISSION DECISIONS
Under UCC Section 9266, appeals from Planning Commission decisions granting or denying
discretionary land use permits must be filed with the City Clerk within 10 days of the date the
decision is made. In addition, anyone who wants to appeal a Planning Commission decision must
have appeared at the Planning Commission hearing and stated his or her position during the
hearing. Finally, the appeal must be in writing and state the reasons for the appeal.
SHOULD APPEALS UNDER SECTION 1203 BE SUBJECT TO SOME OR ALL OF THE
REQUIREEMENTS IN SECTION 9266?
Since the Planning Commission and the Zoning Administrator are the only City commissions,
boards or agencies that have the authority to make final decisions for the City, the question
becomes whether any or all of the requirements in UCC Section 9266 for appeals from Planning
Commission decisions should apply to appeals by the City Manager or City Council members
under UCC Section 1203.
A. Purpose of Section 1203
UCC Section 1203 was added to the City Code in 1981. I understand from the city manager who
drafted the section that it was added to the code, after the Planning Commission made a decision
which became controversial after the fact. The City Manager submitted Section 1203 for adoption
by the City Council, because he believed that the elected City Council members (and the City
Manager) should be able to have any decision by the appointed members of City boards or
commissions reviewed by the elected members of the City Council, regardless of whether anyone
participating in the original hearing wanted to appeal. He believed this was particularly important,
when such a decision becomes controversial or affects City residents in a substantial way. He
believed that the elected officials will ultimately be held accountable for those decisions and they
were elected to protect the interests of City residents.
I don't know whether at that time City Council members received all Planning Commission
agendas as is the practice currently. It is certainly possible that a decision may become
controversial after it is made by the Planning Commission, even where no one anticipated the
controversy before the decision was made. Moreover in 1981, unlike today, there may have been
other City boards or agencies which had decision-making power and which operated without
much publicity or public scrutiny.
B. The purpose behind the requirements in Section 9266.
The reasons for the three requirements for appeals in Section 9266 are as follows:
1. 10 day appeal period. For the reasons already stated, recipients of discretionary land use
permits need to know that at some point in time, the granting of the permit is no longer subject to
challenge and can be relied upon. If the issuance of a permit is never final, as is the case under
Section 1203 as currently written, in addition to the previously stated potential hardships, that
uncertainty could affect the willingness of lenders to loan funds for projects in the City or unsettle
[Continued from page 2]
real estate transactions, where the issuance of the permit is a material consideration in the
purchase or sale of real property.
2. Participation in the Planning Commission hearing. This requirement of UCC Section 9266
incorporates into the City Code an aspect of the court made "exhaustion of administrative
remedies" doctrine. Before someone can raise an issue in a court action challenging an
administrative decision, such as a decision granting or denying a land use permit, he or she must
have raised the same issue before the administrative agency. (SeeAbelleira v. District Court of
Appeal (1941 ) 17 Cal. 2d 280, 292-93; Coalition for Student Action v. City of Fullerton (4th CA
1984) 153 Cal. App. 3d 1194, 1197-98.)
The courts have advanced various reasons for the exhaustion requirement, some of which apply
to the rule in Section 9266. If the issue is presented to the Planning Commission, it might agree,
making appeal to the City Council unnecessary. Even if it disagrees, it may explore the issue and
the record of that discussion might help the City Council make a better informed decision. It
disrespects the expertise of the Planning Commission to deprive it of the opportunity to address
an issue.
3. Written decision containing the reasons for the appeal. This requirement forces the
appellant to set forth reasons for an appeal, potentially weeding out some frivolous appeals and
giving both staff and the City Council prior notice of the issues that will be addressed in the appeal.
With that prior notice, the staff in its staff report can provide information and analysis to aid the
City Council and the City Council members can be better prepared before the appeal is heard.
CITY COUNCIL CAN LEAVE AS IS, AMEND OR REPLEAL SECTION 1203
If the City Council concludes that some, but not all, of these requirements in Section 9266 should
apply to City Council appeals under Section 1203, it should direct staff to prepare an ordinance to
amend the section to include them. If the City Council decides that all of these requirements
should apply, it could direct staff to prepare an ordinance repealing Section 1203, which would
require the City Manager or a City Council member to appeal a Planning Commission decision
solely under Section 9266.
ITEM NO. 9c
DATE: AUGUST 6, 2003
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF RESPONSES TO THE GRAND JURY OF MENDOCINO
COUNTY FINAL REPORT 2002-2003
By letter of July 1, 2003, the 2002-2003 Final Report of the Mendocino County Grand
Jury was transmitted to the City of Ukiah. The report requests responses in two areas, water
utility and animal control. Staff has reviewed the report and prepared replies which are
attached. According to the Grand Jury instructions, the responses are to specifically restate
the recommendations and thus are included in the attachments to this agenda summary
report.
RECOMMENDED ACTION: Approve Responses To The Grand Jury Of Mendocino
County Final Report 2002-2003.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine responses require modifications, indicate changes, and approve revised
responses.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Grand Jury Of Mendocino County
Candace Horsley, City Manager
Darryl Barnes, Director of Public Utilities and Larry DeKnoblough, Director
of Community Services
1. Response regarding Water Utility;
2. Response regarding Animal Control.
APPROVED: ~~"~.~ ~,
Candace Horsley, Cit~Manager
mfh:asrcc03
0806Grand Jury
July 22, 2003
Mr. Bruce Haldane
Grand Jury Foreperson
County of Mendocino Grand Jury
P.O. Box 629
Ukiah, California. 95482
Subject: Submittal of Comments to the Findings of the Grand Jury.
Dear Mr. Haldane:
The City of Ukiah is receipt of the Grand Jury Report, "The Ukiah Valley Water
Districts". The following information is the City's response to the findings and
recommendation relative to the report:
Findings
1. CUUD has 4,139 domestic and 2,518 commercial hookups that this time.
Concur with finding.
.
Depending on hydrologic conditions, only project water is available during the
dry season. At those times, CUUD pumps RRFCD water.
Concur with finding.
o
In the past five years, CUUD usage has significantly exceeded its Pre-1949 water
rights during the dry season.
Concur with finding.
.
Based on water use in the year 2000, CUUD storage is inadequate, amounting to
less than 50% of SWRCB requirements.
Concur with finding.
o
CUUD is exploring the possibility of using treated wastewater for the Municipal
Golf Course, City Parks and the Cemetery District.
Concur with finding.
Recommendations
A) City of Ukiah should develop a contract with RRFCD for water use.
Response: This recommendation has already been implemented.
The City of Ukiah has executed a contract with the Russian River Flood Control
District for use of their water. The City has always fully cooperated with the RRFCD
to fulfill their request to determine the amount of RRFCD water currently being used.
B) City of Ukiah should install meters to be monitored by RRFCD.
Response: This recommendation has already been implemented.
The City of Ukiah has metered its water production for many years, with the recorded
usage being reported to the RR~CD on an annual basis. In addition, the City of Ukiah
has always allowed personnel of the RRFCD to have access to our production sources
for inspections.
C) CUUD continue efforts to use treated wastewater for the Municipal Golf
Course, City Parks and the Cemetery District.
Response: This recommendation requires more study or analysis.
The City of Ukiah has recently retained a consulting engineering firm to evaluate the
costs of providing reclaimed water to the Municipal Golf Course, City Parks and the
Cemetery District. In addition, the City has held several meeting with Farm Bureau
and local farmers regarding the use of reclaimed water. The City is pursuing
alternative funding sources for this project, such as grants and low interests loans.
D) The City of Ukiah should obtain permits for SIVRCB to build water storage
tanks as per SIVRCB and California tVater IVorks Standards.
Response: This recommendation has already been implemented.
The City of Ukiah earlier this year hired a consultant to design additional storage
tanks along with an additional filter module at the Water Treatment Facility to
provide production reliability for our customer. The additional storage facilities will
approximately triple our current storage capability and meet the requirements of both
the California Department of Health Services, which regulates water treatment
facilities, and the California Water Works Standards. Construction of the additional
water storage facilities are planned to be complete by the full of 2004.
E) The City of Ukiah should obtain permits to divert water from other districts
within the RRFCD.
Response: This recommendation requires more study or analysis.
The City of Ukiah is currently investigating the possibility of diverting water from other
sources and transporting water through our system to other water districts. Although,
obtaining these permits are possible, legal issues need to be thoroughly examined to
protect the City's current water rights from legal challenges. However, we will continue
to pursue and investigate any alternative that would improve the availability of water
within the Ukiah Valley.
F) The City of Ukiah should investigate the use of existing additional storage
available behind Coyote Valley Dam during late winter and early spring, water
to come through RRFCD.
Response: This recommendation requires more study and analysis.
The City of Ukiah has been actively pursuing alternatives that will produce
additional sources of water for the Ukiah Valley. The City of Ukiah, as a founding
member of the Inland Water and Power Commission has been working with the Corp
of Engineers to investigate increasing storage behind Coyote Valley Dam. In
addition, the City has been actively participating in meetings with other groups within
the valley to examine other water storage alternatives. The City is also working
closely with the Mendocino County Water Agency to provide input relative to future
water projects.
The City of Ukiah would like to thank the Grand Jury for their recommendations and for
allowing the City of Ukiah this opportunity to respond.
Sincerely:
Eric Larson
Mayor
August 6, 2003
Mr. Bruce Haldane
Grand Jury Foreperson
County of Mendocino Grand Jury
P.O. Box 629
Ukiah, CA 95482
Subject: Submittal of Comments to the Findings of the Grand Jury
Dear Mr. Haldane:
The city of Ukiah is in receipt of the Grand Jury Report, "animal Care and Control
Department". The following information is the City's response to the findings and
recommendations relative to the report:
Findings
The three aspects of the AC&CD are political, humane, and law
enforcement.
Concur with Finding.
.
Mendocino County does not have independent mediation services
available to county employees. The only suggested alternative is to
"contact the union"
This issue is internal to County of Mendocino AC&CD.
.
The turnover rate at Mendocino AC&CD is greater, proportionately than
in Lake or Sonoma Counties.
This issue is internal to County of Mendocino AC&CD.
.
The County has no exit interview process for departing employees and has
no organized way to determine if a department has personnel problems.
This issue is internal to County of Mendocino AC&CD.
.
There is a consensus among field and shelter employees that upper
management has failed to provide them with basic procedure guidelines
and equipment that would facilitate efficient use of time and energy.
This issue is internal to County of Mendocino AC&CD.
.
AC&CD employs a bilingual animal caretaker who is paid extra for on-cai
English and Spanish translation.
This issue is internal to County of Mendocino AC&CD.
.
A field officer expressed a need for portable animal ramps for animal
transport vehicles.
Concur with Finding.
.
Special protective clothing was not issued to employees during the three
months probation period. Yet during that period, they were required to
participate in field duties in order to be properly trained.
This issue is internal to County of Mendocino AC&CD.
.
There was evidence of gender discrimination in hiring, training, and the
issuing of clothing and equipment.
This issue is internal to County of Mendocino AC&CD.
10. No equipment or procedures for prevention of transmitting diseases from
animals to humans and visa versa were available to the public in the pet
viewing area.
Concur with Finding.
11.The AC&CD charges board and room and neuter fees and rabies shot fees as
part of the adoption process.
Concur with Finding.
12. People at the Humane Societies near Ukiah did not share the characterization
by the Director of AC&CD about amiable relations between AC&CD and
private animal shelters.
This issue is internal to County of Mendocino AC&CD.
13. There is good working relationship in Fort Bragg between the County's
AC&CD branch office there and private animal shelters.
Concur with Finding.
14. The City of Fort Bragg is satisfied with the'contracted services with AC&CD
Concur with Finding.
15. The practice of AC&CD charging the same animal room and board fees,
charged to the public, before releasing an animal to the Humane Societies,
seems contrary to the mission statement of care and control. Humane
Societies are charitable institutions with very limited funds.
This issue is internal to County of Mendocino AC&CD.
16. AC&CD has no pro-active policy for adoption or referral to Humane Societies
or other animal rescue agencies.
This issue is internal to County of Mendocino AC&CD.
17. All citizens may impound, at their own risk and cost, stray cats or dogs and
notify AC&CD for pickup.
Concur with Finding.
18. In order to prosecute animal cruelty cases, there must be at least one witness
who is willing to sign a complaint and appear before the court to testify. An
officer who witnesses such cruelty can cite the offending person.
Concur with Finding.
19. The surrender fee to accept an animal is $40.00.
Concur with Finding.
20. The AC&CD must abide by state regulations for animal care and handling
without state appropriations.
Concur with Finding.
21. The Director is planning a program to enhance services for control and care of
animals. A volunteer program is planned to involve public participation with
the operation of the shelter.
Concur with Finding.
22. A computerized microdot program will be installed and scheduled for
operation May 1, 2003. All animals that leave the shelter will be identifiable
by means of any microdot reader.
Concur with Finding.
Recommendations
A) The County, through the Department of Human Resources, establish a
program to interview employees that are leaving. Exit interviews would
provide the County with important information about departmental
performance. (Findings 1, 2, 3, 4, 8)
Response: This recommendation is already in place with the City of Ukiah
The City's Personnel Department conducts exit interviews with all departing
employees.
B) AC&CD employees need to be properly trained then delegated to carry out
their duties. All employees must have equipment and clothing for betterment
of health, safety, and ergonomic comfort.
Response: This recommendation is already in place with the City of Ukiah
The City of Ukiah's animal Control Officer is regularly scheduled for on-going
training and all appropriate equipment is available.
C) First Aid Items shouM always be readily available to the visitingpublic who
may be handling animals at the shelter. Health, safety, and hazard standards
must be diligently monitored by management and staff in fieM and shelter
activity in order to minimize County liability.
Response: This issue is internal to County of Mendocino AC&CD.
The City of Ukiah does not operate a shelter and contracts with Mendocino
County AC&CD for shelter services.
D) AC&CD management needs to acquire and issue fieM and shelter implements,
such as loading ramps, protective gear and first-aid items. These items
shouM be kept within convenient reach of all staff
Response: This recommendation is already in place with the City of Ukiah.
All facilities and vehicles operated by the city of Ukiah, including Animal
Control, are so equipped.
E) The AC&CD management should focus on establishing mutual trust and
respect between management and staff.
Response: This issue is internal to County of Mendocino AC&CD.
F) The AC&CD must develop a positive working relationship with Humane
Societies. The Humane Societies are encouraged to reciprocate.
Response: This recommendation is already in place with the City of Ukiah.
The City of Ukiah Animal Control Officer has established mutual outreach with
the Humane Society in Ukiah.
G) The AC&CD shouM encourage employees to read this report.
Response: This recommendation is already in place with the City of Ukiah.
The City of Ukiah Animal Control Officer has been given a copy of this report.
ITEM NO. 9d
DATE: AUGUST 6,2003
SUBJECT:
AGENDA SUMMARY REPORT
ADOPTION OF RESOLUTION ENDORSING THE BUDGET ACCOUNTABILITY
ACT- COUNCILMEMBER ANDERSEN
Councilmember Andersen has requested the Council consider the proposed "Budget
Accountability Act". The coalition "Californians for Budget Accountability" is coordinating this
initiative measure and attempting to place it on the March 2004 ballot. The wording of the
initiative is attached, as is additional information from the proponents, including a proposed
support resolution. The act would modify the State budget process, allowing a 55% vote on
the budget (currently it is 66.7%), imposing permanent loss of salary for the Governor and
legislators for each day the budget is not adopted after the constitutional deadline, requiring a
5% reserve in positive revenue years, and creating greater public access for budget and tax
information and legislative voting records.
Staff recommends Council discuss this proposal and take action as desired.
RECOMMENDED ACTION: Adopt Resolution Endorsing The Budget Accountability Act.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution requires changes and adopt modified resolution.
2. Determine resolution is not appropriate and take no action to adopt.
Citizen Advised'
Requested by:
Prepared by:
Coordinated with'
Attachments:
N/A
Councilmember Andersen
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Resolution for adoption, page 1;
2. Language of the Initiation Ballot Title and Summary, pages 2-8;
3. Information from "Californians for Budget Accountability", including
sample resolution, pages 9-17.
APPROVE D: ~~-~~,~~--_
Candace Horsley, Cit¥~nager
mfh:asrcc03
0806BudgetAccountability
RESOLUTION NO. 2004- /~r~,~~ t-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ENDORSING THE BUDGET ACCOUNTABILITY ACT
WHEREAS, the State has not met the June 15 constitutional deadline for passing the state
budget since 1986; and
WHEREAS, even though a budget is not passed on time, legislators can work on other bills
or even go on vacation while California's budget remains in limbo; and
WHEREAS, legislators do not currently forfeit their salary, per diem expense allowance, or
car allowance permanently during the time a budge is not passed even while budget delays wreak
havoc on local communities and contractors; and
WHEREAS, only two other states in the nation, like California, require a vote of two-thirds
or more of the State Senate and the State Assembly to pass a budget; and
WHEREAS, the two-thirds vote requirement to pass a state budget and related taxes fails
to keep spending in check; and
WHEREAS, legislators are threatened and punished if they do not follow the party; and
WHEREAS, partisan gridlock lead to huge deficits in weak economic times that force the
governor and Legislature to make massive cuts in education, health care, transportation, and
other essential public services and raise billons of taxes; and
WHEREAS, the Budget Accountability Act will enact a comprehensive reform of the State
budget process that will hold the Governor and the Legislature more accountable to the People of
California.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby
endorses the Budget Accountability Act.
PASSED AND ADOPTED on this 6th day of August 2003, by the following roll call vote'
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Marie Ulvila, City Clerk
Eric Larson, Mayor
Resolution No. 2004-
Page 1 of 1
-.. [ -"
~ALi FORN iANS
Language of the Initiative
Ballot Title and Summary
Date: June 20, 2003
File: SA2003RF0018
The Attomey General of California has prepared the following title and summary of the chief
purpose and points of the proposed measure:
STATE BUDGET, RELATED TAXES, AND RESERVE. VOTING REQUIREMENTS.
PENALITIES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Permits
Legislature to enact budget and budget-related tax and appropriation bills with 55% vote rather
than 2/3 vote currently required. Requires that Legislature, Governor permanently lose salary,
expenses for each day budget is late. Requires that Legislature stay in session until budget is
passed. Requires budget summary in state ballot pamphlet and link to Intemet website with
legislators' voting records on budget and related taxes. Requires 25% of certain state revenue
increases be deposited in reserve fund, which cannot be used to increase spending. Summary of
estimate by Legislative Analyst of fiscal impact on state and local governments: Varying state
fiscal impacts from lowering the legislative vote requirement for spending and tax increases
related to the budget - including potentially significant increases in state tax revenues and
spending in some years. Fiscal impacts would depend on the composition and actions of future
Legislatures.
Section 1' Title
This measure shall be known and may be cited as the "Budget Accountability Act."
Section 2: Findings and Declaration of Purpose
The People of the State of California find and declare that:
The Budget Accountability Act is designed to end the budget delays that have created a fiscal
crisis in our state. The purpose of this measure is to enact a comprehensive reform of the State budget
process designed to hold the Governor and Legislature more accountable to the People of California by
producing more responsible and timely state budgets.
a) After the Governor introduces the budget, the State Legislature and Governor have almost
six months to complete the budget on time. However, the State Legislature has not passed a budget on
time since 1986.
b) The State Legislature and the Governor face no consequences when they fail to meet the
budget deadline imposed by the State Constitution. They can continue to collect their salary and
expense allowances. They are not required to continue to work on the budget. In fact, they can even
go on vacation.
c) In order to hold elected officials accountable, voters are entitled to know how their tax
dollars are spent each year and how their state representatives vote on the budget and taxes. Currently
voters do not have easy access to this information.
d) The two-thirds vote requirement to pass a state budget and related taxes has contributed to
persistent late budgets and large deficits. Political party leaders refuse to compromise to solve the
state's budget problem and have used the two-thirds vote requirement to hold up the budget.
e) Califomia, Rhode Island, and Arkansas are the only states in the country ~at require a vote
of two-thirds or more of the legislature to pass a budget.
f) After researching California's two-thirds vote requirement, the non-partisan California
Citizens Budget Commission concluded that "the current supermajority requirement fails to achieve its
of~-stated goal of keeping budgetary spending in check, while at the same time it promotes gridlock,
pork barrel legislation and lack of accountability."
g) When the economy weakens, the State budget goes into deficit. These deficits are increased
by the gridlock caused by the two-thirds vote requirement. These deficits increase year after year until
they equal many billions of dollars. Faced with these huge deficits, the Governor and Legislature
make massive cuts to education, health care, and transportation and raise billions of dollars in taxes.
These deep cuts and large tax increases would not have been necessary if responsible budget solutions
had been possible instead of year after year of gridlock.
h) Party leaders threaten to punish state legislators if they refuse to vote the party line on the
budget. Members of the Legislature should be accountable to their constituents, not to party leaders.
Our elected representatives must be free to vote their consciences.
i) California has faced large budget deficits and surpluses over the past ten years. Elected
officials fi.om both major parties have increased spending and cut taxes in good economic times,
leaving the State with inadequate reserves when the economy tums bad. Saving money in a rainy day
fund in good times provides a prudent reserve during economic downtums and states of emergency,
which is essential for responsible budget management.
Section 3. Purpose and Intent
1. In order to make elected officials more responsible for the consequences of their actions, to
keep voters more informed of the budget decisions being made by their legislators, to limit partisan
extremism and end gridlock in the budget process, and to require a rainy day reserve fund to balance
the budget in hard times and protect California taxpayers, the People of the State of California do
hereby enact the Budget Accountability Act. This measure is intended to accomplish its purpose by
amending the California Constitution and the statutes of California to:
a) Prohibit the Legislature and Govemor from collecting their salary and expenses for every
day they miss the budget deadline set by the Constitution and to force the Legislature to stay in session
and consider the budget until it is passed.
b) Help voters hold their state representatives more accountable by providing voters with a
two-page summary of how the State is spending the funds it receives. The summary will be published
in the state ballot pamphlet mailed to voters before every statewide election. The summary will
include a website address where voters can find the voting record of their representatives on all budget
and related legislation, including tax bills, that are subject to the 55 percent vote requirement.
c) Change the votes necessary to pass the budget and related tax and other legislation from
two-thirds to 55 percent to improve accountability to voters, reduce budget gridlock, and encourage
legislators to work together to solve California's budget problems regardless of their party affiliation.
d) Allow legislators to vote their consciences on the budget instead of being pressured into
voting the party line. A legislator who is threatened by another legislator because of a vote on the
budget will be able to file a complaint with the Ethics Committees of the Senate or Assembly, which
will investigate the complaint and make public its report and recommendation for appropriate action to
the full Senate or the Assembly.
e) Ensure funds are set aside in a rainy day reserve fund in good economic times when
revenues exceed what is needed for existing programs so that when revenues fall short in times of
economic downturn the reserve fund can be used to reduce the need for drastic cuts in programs and
increases in taxes. The reserve fund could also be used for a state of emergency declared by the
Governor. The reserve fund may only be used for these purposes and may not be used to increase
spending.
2
2. The Budget Accountability Act will not change Proposition 13's property tax limitations in
any way. The Budget Accountability Act changes the legislative vote requirement for taxes to
55 percent only for the purpose of increasing taxes as part of the process of adopting the budget.
Section 4: Article IV, section 12 of the California Constitution is hereby mended to read as follows:
Sec. 12. (a) Within the first 10 days of each calendar year, the Governor shall submit to the
Legislature, with an explanatory message, a budget for the ensuing fiscal year containing itemized
statements for recommended state expenditures and estimated state revenues. If recommended
expenditures exceed estimated revenues, the Governor shall recommend the sources from which the
additional revenues should be provided.
(b) The Govemor and the Govemor-elect may require a state agency, officer or employee to
fimaish whatever information is deemed necessary to prepare the budget.
(c) The budget shall be accompanied by a budget bill itemizing recommended expenditures.
The bill shall be introduced immediately in each house by the persons chairing the committees that
consider appropriations. The Legislature shall pass the budget bill by midnight on June 15 of each
year. Until the budget bill has been enacted, the Legislature shall not send to the Governor for
consideration any bill appropriating funds for expenditure during the fiscal year for which the budget
bill is to be enacted, except emergency bills recommended by the Governor. "~' n 'n: fe, r ~e
(d) If the budget bill has not been passed and sent to the Governor by June 15, the Legislature
shah remain in session and may not consider or pass any other bills until the budget and bills related
to the budget are adopted, except for emergency bills recommended by the Governor. Neither the
Governor nor any member of the Legislature shah be entitled to any salary, per diem, or other expense
allowance for any day after the June 15 deadline until a budget bill has been passed and sent to the
Governor. No forfeited salary, per diem, or expense allowance shah be paid retroactively. In the
event the Governor vetoes the budget bill, the prohibitions of this subdivision shah remain in effect
until a budget is passed and signed by the Governor.
(d) (e) No bill except the budget bill may contain more than one item of appropriation, and that
for one certain, expressed purpose. Appropriations from the General Fund of the State, except
appropriations in the budget bill and in other bills related to the budget bill and appropriations for the
public schools, are void unless passed in each house by rollcall vote entered in the journal, two thirds
of the membership concurring.
09(1) Notwithstanding Section 3 of .drticle XIIIA or any otherprovision of law or of this
Constitution, the budget bill and tax and other bills related to the budget bill may be passed in each
house by rollcaH vote entered in the journal, fifty-five percent of the membership concurring, to take
effect immediately upon being signed by the Governor or upon a date specified in the legislation.
Nothing in this subdivision shah affect the vote requirement for appropriations for the public schools
contained in subdivision (e) of this Section and in subdivision (b) of Section 8 of this ~4rticle.
3
(2) Tax and other bills related to the budget bill shall consist only of bills identified as related
to the budget in the budget bill passed by the Legislature.
(3) Tax bills related to the budget bill shall include bills increasing taxes, whether by
increased rates or changes in methods of computation, identified in the budget bill as related to the
budget, except that no new ad valorem taxes on real property, or sales or transaction taxes on the
sales of real property may be imposed.
(g) No officer, committee, or member of either house of the Legislature shall punish or
threaten to punish any other member for his or her vote on the budget bill or tax and other bills related
to the budget. Any member may file a complaint regarding violations of this section with the
appropriate ethics committee of the house in which the alleged violation occurred. The ethics
committee shall investigate the complaint and make recommendations to the full house regarding
appropriate action, including censure, to be taken on the complaint. The ethics committee's findings
shall be made public.
(It) For anyfiscal year for which General Fund revenues exceed the amount needed to fund
current General Fund service levels, the Legislature shah deposit at least 25 percent of the excess
revenues into the Prudent State Reserve Fund established pursuant to Section 5.5 of ~lrticle XIIIB,
unless the Reserve Fund equals .5 percent or more of General Fund expenditures for the fiscal year
immediately preceding that fiscal year. Appropriations from the fund may be made only in years in
which revenues are not sufficient to fund current General Fund service levels or in response to a state
of emergency declared by the Governor. ~tppropriations from the fund may only be used for these
purposes and may not be used to increase expenditures. Notwithstanding Section 5 of ~lrticle XIIIB,
contributions to the fund shah not constitute appropriations subject to limitation until they are
appropriated for expenditure from the fund.
(i) The Legislature may control the submission, approval, and enforcement of budgets and the
filing of claims for all state agencies.
Section 5: Section 9082.8 is hereby added to the Elections Code to read as follows:
9082.8 The State Controller, in consultation with the Department of Finance and the Legislative
~4nalyst's Office, shall prepare a budget summary explaining how state funds are spent, not to
exceed two printed pages, which shall be published in the state ballot pamphlet sent to voters in
every statewide election. The budget summary shall include directions to a state website,
prepared and maintained by the Joint Rules Committee of the Legislature, that includes voting
records of legislators on the budget and tax and other bills related to the budget.
Section 6: Section 9518 is hereby added to the Government Code to read as follows:
9518.
For the purposes of Article IV, section 1Z subdivision (It) of the California Constitution,
"current General Fund service levels" shall mean levels of service as of June 30 of the prior
fiscal year necessary to meet the constitutional, statutory, and contractual obligations of the
state adjusted for population and cost of living as provided in Article XIIIB, Section 8 of the
Constitution as of the effective date of this measure.
4
Section 7: Severability
If any of the provisions of this measure or the applicability of any provision of this measure to
any person or circumstances shall be found to be unconstitutional or otherwise invalid, such finding
shall not affect the remaining provision or applications of this measure to other persons or
circumstances, and to that extent the provisions of this measure are deemed to be severable.
Section 8: Amendment
By rollcall vote entered in the journal of each house, fifty-five percent of the membership
concurring the Legislature may amend Section 9082.8 of the Elections Code and Section 9518 of the
Government Code to further the purposes of this Act.
Section 9: Conflicting Initiatives
In the event that this measure and another measure or measures relating to the legislative votes
required to pass the state budget, increase taxes, or enact or increase fees shall appear on the same
statewide election ballot, the provisions of the other measure or measures shall be deemed to be in
conflict with this measure. In the event that this measure receives a greater number of affirmative
votes, the provisions of this measure shall prevail in their entirety, and the other measure shall be null
and void.
5
CALIFORNIANSJ r
Permanent Solution for California's Budget Crisis
The Budget Accountability Act will hold the Governor and Legislature
more accountable to taxpayers in order to produce more responsible and
timely State budgets. Here's how:
Hold Legislators accountable to pass a budget on time.
If the State Budget is not passed by the Constitutional deadline, the Governor and members of
the Legislature will permanently forfeit their salary, per diem expense allowance, and car
allowance for each day until the budget is adopted and signed into law.
Currently the Governor and the Legislature have almost six months to adopt a budget. The
Legislature has not met the June 15 constitutional deadline since 1986. The Budget
Accountability Act will hold our elected representatives accountable. If they are not doing their
job then they shouldn't get paid.
Reform the budget process.
The vote required for the State Senate and Assembly to adopt the State budget and related tax
legislation is reduced from 2/3rds to 55%. Currently, Rhode Island and Arkansas are the only
other states to require a vote of two-thirds or more to pass a budget. The 55% vote required by
the Budget Accountability Act still requires broad consensus to pass the budget, but it will end
the gridlock caused by our current system.
End political gridlock.
The Budget Accountability Act also provides the Legislative Ethics Committees of the Assembly
and State Senate authority to censure party leaders, members of party caucuses, or individual
legislators who punish or threaten to punish any legislator for casting a particular legislative
vote.
In the current political atmosphere, legislators are threatened and punished if they do not follow
the party line. The Budget Accountability Act allows legislators to vote their conscience. They
should be accountable to their constituents for their votes on the budget, not their party
leadership.
Force the Legislature to make the budget its top priority.
If the State Budget is not passed by the Constitutional deadline, the Legislature is required to
remain in session and is prohibited from acting on other legislation until the budget is adopted.
An exception is made for legislation in response to an emergency declared by the Governor.
Passing a responsible budget on time is the Legislature's most important job, but fight now
legislators can work on other bills or even go on vacation while California's budget remains in
limbo.
Give voters the facts about the budget.
The official voter pamphlet sent to voters each statewide election will be required to contain a
summary explaining how the state spends the funds it receives and a website address where
voters can go to find out how their legislators voted on the budget.
To hold politicians accountable, voters should know how their money is being spent and who is
spending it.
Encourage fiscal responsibility.
The state is required to create a "rainy day" fund of 5% in years when revenues exceed the
amount needed to fund existing service levels. Expenditures from the reserve could be made
only when there is an economic downturn and revenues fall below existing program levels or for
expenses related to a disaster declared by the Governor.
The current constitutional requirement establishes a "reasonable and necessary" prudent reserve,
but no amount is specified. The Budget Accountability Act requires the Legislature to set aside a
"rainy day" fund of at least 5% in good times to have a cushion so that extreme budget cuts and
tax increases will be less likely in a weak economy.
To learn more about the Budget Accountability Act, please visit:
www.budgetaccountabilitynow.org.
_ ~Oq
2
Budget Accountability Act
Questions & Answers
Q: What is the Budget Accountability Act?
A: The Budget Accountability Act is a comprehensive budget reform initiative that gives legislators
the tools they need to end budget gridlock and allows voters to hold their legislators accountable.
Q: What will the Budget Accountability Act do?
Require the legislature to stay in session until the budget is done.
Hold legislators and the Governor accountable by withholding their pay if the fail to meet
the constitutional deadline for passing the budget.
Require a 55% vote to adopt the budget and any related tax legislation.
[] Create a "rainy day" reserve fund to protect services in bad times.
Include a summary of budget expenditures in the voter's pamphlet.
Q: How will the Budget Accountability Act get legislators to finish the budget on
time?
A: If the state budget is not passed by the June 15, constitutional deadline, the Governor and
members of the Legislature will permanently forfeit their salary, per diem expense allowance and
other payments for each day until the budget is adopted and signed into law.
In addition, the Legislature is required to remain in session and is prohibited from acting on other
legislation until the budget is adopted. An exception is made for legislation in response to an
emergency declared by the Governor.
Q: How will the Budget Accountability Act encourage fiscal responsibility?
A: The Budget Accountability Act creates a reserve or "rainy day" fund of up to 5% of the general
fund by setting aside a portion of surplus revenues in good times. The state could only dip into
the fund when there is an economic downturn or for expenses related to a disaster declared by
the Governor.
Q: How will the Budget Accountability Act help voters hold politicians
accountable?
A: The Budget Accountability Act would require the Official Voter Information Guide that is
prepared by the Secretary of State and sent to voters each election to contain a two-page
summary explaining how the state spends the funds it receives. The summary is required to
include a website address where voters can see how their legislators voted on the budget and
related legislation.
Q: How will the Budget Accountability Act reduce partisanship in Sacramento?
A: The act gives the Legislative Ethics Committees of the Assembly and Senate authority to
investigate party leaders, members of party caucuses, or individual legislators who punish or
threaten to punish any legislator for casting a particular legislative vote and recommend
appropriate action. Legislators have been punished for not towing the party line. This provision
will give legislators the freedom to make up their own minds on the state budget.
Q: How will the Budget Accountability Act end California's budget crisis year after
year?
A: Currently, California is one of only three states to require a two-thirds majority vote on the
budget (Arkansas and Rhode Island are the other states). The two-thirds requirement creates
gridlock because it's so difficult to get that many legislators to agree. The Budget Accountability
Act would require a 55% vote of the California Senate and Assembly to adopt the state budget
and related tax legislation. This maintains the requirement of a broad consensus on the budget
but stops small groups of Legislators from holding all Californians hostage each budget cycle.
Q: How will the Budget Accountability Act protect jobs and services?
A: The Budget Accountability Act is a major step toward leveling the playing field for working
families. It allows us to hold politicians accountable -- both Republicans and Democrats - to
deliver a budget on time that provides adequate funding for critical services.
Q: Who has endorsed the Budget Accountability Act?
A: The Budget Accountability Act is supported by a wide range of individuals and organizations
including the League of Women Voters, Health Access and the California Teachers Association.
More groups are joining in support every day.
Q: Isn't this an attack on Proposition 137
A: The Budget Accountability Act does not affect the Prop. 13 limits on property tax increases. It
simply gives legislators the tools to do their jobs and allows voters to hold them accountable.
Q: Isn't this just a power play by Democrats so that they don't have to get bi-
partisan support for the budget and taxes?
A: The Budget Accountability Act holds all legislators accountable (regardless of their party
affiliation) for doing their jobs. No budget will be passed without a broad consensus as it requires
a 55% vote to pass the budget and tax related legislation.
Q: What will the lower threshold mean for our state if Republicans become the
majority?
A: That's the democratic process. If voters decide to put a majority of Republicans in charge, they
will still need to get 55% of all legislators in the state Assembly and the Senate to pass the budget
and related tax legislation and they will have to report to the voters on their decisions.
Q: How is a surplus defined that requires monies to be deposited into a rainy day
fund?
A: The Budget Accountability Act requires the Legislature to set aside a "rainy day" fund in good
times to protect services in a weak economy. They way it works is that once current service levels
are funded, the Budget Accountability Act would require the state to set aside 25% of additional
revenues until the reserve is 5% of the General Fund. The state could only dip into the rainy day
fund during an economic downturn or for expenses related to a disaster declared by the
Governor. "Current services levels" are defined as the constitutional, statutory, and contractual
obligations of the state.
Q: Won't forcing them to pass the budget on time mean that they might settle for a
bad budget just so that they don't lose their pay?
A: The Budget Accountability Act will give legislators an incentive to complete the budget on time
and to cast their vote as a representative of the people living in their district. The Budget
Accountability Act will give voters the information they need to hold their elected official
accountable by including a summary of how California spends the funds it receives with a website
address where voters can see how their legislator voted on the budget and related legislation.
Sample Resolution Endorsing the Budget Accountability Act
WHEREAS the state has not met the June 15 constitutional deadline for passing the state
budget since 1986; and,
WHEREAS even though a budget is not passed on time, legislators can work on other
bills or even go on vacation while California's budget remains in limbo; and,
WHERAS, legislators do not currently forfeit their salary, per diem expense allowance,
or car allowance permanently during the time a budget is not passed even while budget
delays wreak havoc on local communities and contractors; and
WHEREAS only three other states in the nation, like California, require a vote of two-
thirds or more of the State Senate and the State Assembly to pass a budget; and,
WHEREAS the two-thirds vote requirement to pass a state budget and related taxes fails
to keep spending in check; and,
WHEREAS the two-thirds vote requirement promotes gridlock and a lack of
accountability that creates persistent late budgets and large deficits; and,
WHEREAS legislators are threatened and punished if they do not follow the party line;
and,
WHEREAS partisan gridlock leads to huge deficits in weak economic times that force
the Governor and Legislature to make massive cuts in education, health care,
transportation, and other essential public services and raise billions of dollars in taxes;
and,
WHEREAS the Budget Accountability Act will enact a comprehensive reform of the
State budget process that will hold the Governor and the Legislature more accountable to
the People of California;
NOW THEREFORE BE IT RESOLVED that the
endorses the Budget Accountability Act.
hereby
Date Signed by
CALIFORNIANSJ°r
Endorsement List
American Federation of State, County & Municipal Employees, AFL-CIO
Asian American Voter Education Fund
California ACORN
California Black Chamber of Commerce
California Budget Project
California Church Impact
California Council of Community Mental Health Agencies
California Federation of Teachers
California Foundation for Independent Living Centers, Inc.
California Independent Public Employees Legislative Council (CIPELC)
California Labor Federation
California National Organization for Women
California Physicians Alliance
California Professional Firefighters
California School Employees Association
California Speech-Language-Hearing Association
California State Employees Association
California State Firefighters' Association, Inc.
California State PTA
California Teachers Association
Campaign for Long Term Care
Child Care Law Center
CALIFORNIANS for
Centennial United Methodist Women
Central Coast Alliance United for a Sustainable Economy (CAUSE)
Center on Policy Initiative
The Citizenship Project
Coalition for Community Health
Coalition of California Welfare Rights Organizations
Coalition of Labor Union Women, California Capitol Chapter
Committee of Interns and Residents/SEIU 1957
Communications Workers of America, Local 9575
Communities Actively Living Independent and Free
Community Alliance for a Fair Economy
Congress of California Seniors
Consumer Federation of California
Contra Costa Central Labor Council
Councilmember Nora Campos, City of San Jose
E1 Camino College Federation of Teachers
Esperanza Community Housing Corp
Faculty Association of California Community Colleges
Gardena Valley Democratic Club
Golden State Mobile/Manufactured Homeowner's League
Health Access
Health for All
Housing California
Human Services Alliance of Los Angeles
ILWU Northern California District Council
Interfaith Council for Immigrant Rights
CALIFORNIANS for
In Spirit
JERICHO
Justice Matters Institute
Kern Regional Center
Kids in Common
Korean Resource Center
Latino Issues Forum
League of Women Voters of California
Los Angeles Alliance for a New Economy
Los Angeles Family Housing
Mental Health Association in California
Mental Health Association in L.A. County
Mental Health Association of Orange County
Merced Mariposa Central Labor Council
Movement Strategy Center
Older Women's League of California
Peace and Freedom Party of California
Planned Parenthood Affiliates of California
Resources for Independent Living
San Diego-Imperial Counties Labor Council
San Francisco Community College District Federation of Teachers, AFT 2121
San Mateo County Central Labor Council
SEIU California State Council
Small School Districts' Association
Solano Children's Alliance/Children's Network Council
State Building & Construction Trades Council
C, ALIFORNIANS for
State Council of H.E.R.E.
Teamsters Union
United Farm Workers
Vote Health
*Partial List
AGENDA
SUMMARY
ITEM NO. ~,
DATE: August 6, 2003
REPORT
SUBJECT:
AUTHORIZATION TO INCREASE PERSONNEL ASSISTANT POSITION FROM
32-HOUR TO 40-HOUR FULL-TIME POSITION AND APPROVAL OF BUDGET
AMENDMENT
The City of Ukiah Personnel Department is currently staffed with one full-time Personnel Officer and
one part-time Personnel Assistant. This Department is responsible for employee recruitment, hiring,
new employee orientations, benefits administration (including auditing and paying all premiums for
numerous insurance carriers and troubleshooting coverage issues), worker's compensation claims
processing and disability administration, employee training, and employee relations issues for
approximately 155 full-time and 60 part-time/seasonal employees. This work is performed without the
benefit of regular, confidential, clerical support, due to the ongoing decline of available resources.
Due to these limited resources city-wide, the Personnel Department performs many administrative
functions that are routinely handled by other departments at other surrounding Cities.
This Department has reached a critical juncture due to numerous and increasing recruitments, legal
documentation requirements, increased worker's compensation activity, recurring employee relations
issues, and lack of available support staff. It is anticipated that retirements will continue to add to the
number of recruitments that will be required to maintain adequate staffing levels.
In view of this situation, staff recommends at the very least, increasing the existing 32-hour/week
Personnel Assistant position to a 40-hour/week benefited position. This would require a $14,796
amendment to the Personnel Department budget for the remainder of FY2003-2004.
Staff requests authorization to increase the existing Personnel Assistant position from 32-hours/week
to 40-hours/week, including full benefits, and approval of the corresponding budget amendment.
RECOMMENDED ACTION:
1. Authorize increase of Personnel Assistant position from 32-hour/week to 40-hour full-time and
approval of budget amendment.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Do not approve increase of Personnel Assistant position from 32-hour/week to 40-hour full-time.
2. Refer to Staff for additional information.
Requested by: Melody Harris, Personnel Officer
Prepared by: Melody Harris, Personnel Officer
Coordinated with: N/A
Attachments: N/A
APPROVED:
Candace Horsley, Ci~~anager
3:~per\asrpersonnelf-t