HomeMy WebLinkAbout2004-09-01 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 1, 2004
6:30 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATION
a. Proclamation: Saturday Afternoon Club Centennial
4. APPROVAL OF MINUTES
a. Regular Meeting of July 21, 2004
b. Regular Meeting of August 4, 2004
c. Regular Meeting of August 18, 2004
5. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision
by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally
limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially
challenged.
6. 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. Reject Proposals Received for Fuel Purchase Through a Card System
b. Report of the Acquisition of Services From Tim Narvaez in the Amount of $9,560
for Slope Repair Work at the Ukiah Solid Waste Disposal Site
c. Notification of Purchase of One Single Drive Cutterhead in the Amount of
$6,542.25 From SRS Crisafulli
d. Adoption of Resolution Approving Records Destruction
e. Rejection of Claims for Damages Received from Arvagene Rabano and
Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund
f. Approval of Contract with Wagner and Bonsignore for Engineering
Services in Connection With the Environmental Documentation to
Support the City Water Right Petitions in the Amount of $30,000
g. Award of Contract to Safety Striping Service, Inc. for Street Striping 2004,
Specification Number 04-09 in the Amount of $18,071.02
h. Award of Professional Consulting Services Agreement on a Time -and -Expense
Basis, to Rau and Associates, Inc. to Conduct Soil Compaction Testing and
Concrete Testing During Construction of the New Water Storage Tanks
7. AUDIENCE COMMENTS ON NON -AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you
are interested in, you may address the Council when this matter is considered. If you wish to speak on a
matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit
your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown
Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the
agenda.
8. PUBLIC HEARING (6:45 P.M.)
a. Approval of Application to Demolish a Structure Over 50 Years Old Located at
1080 Helen Avenue
b. Introduction of Ordinance Rezoning Assessor Parcel Number 002-302-55
(Rezone No. 03-56)
c. Adoption of Resolution Establishing the Schedule of Fees and Rates for
Garbage and Recycling Collection Service for 2004/2005
9. UNFINISHED BUSINESS
a. Status Report Concerning the Community Design Forum Event
10. NEW BUSINESS
a. Adoption of Resolution Making Appointment to the Parks, Recreation, and Golf
Commission
b. Introduction of Ordinance Creating New Article 17 to the Ukiah City Code,
Entitled Grease Interceptors: Installation and Disposal of Waste
c. Introduction of Ordinance Adding New Article 18 to the City of Ukiah Municipal
Code Entitled Sewer Lateral Testing
d. Consideration and Possible Approval of Revised Road Improvement and Land
Use Agreement — 8/25/04 With Mendocino County
e. Discussion Regarding Amendment to the Russian River Watershed Association
Memorandum of Understanding
11. COUNCIL REPORTS
12. CITY MANAGER/CITY CLERK REPORTS
13. CLOSED SESSION
14.ADJOURNMENT
The City of Ukiah complies with ADA requirements and will attempt to reasonably
accommodate individuals with disabilities upon request.
P-R-(3LI.AA L
WHEREAS, The Saturday Afternoon Club with its clubhouse at 197 South Oak
Street, Ukiah, Cfi, is celebrating it Centennial year, 2004; and
WHEREAS, in 1904 a group of 30 women met to form a literary, social, cultural,
and civic club, the "SaturdayAfternoon Club", a member of the California Federation of
Women's Clubs and General Federation of Women's Clubs; and
WHEREAS, on November 29, 1926, the Saturday Afternoon Club purchase, for
$6,000, the old St. John's Methodist Episcopal Church built in 1885, and after a $5,000
remodel, the dedication was held on May 4, 1927, a monument to the enterprise and
foresight of 100 Ukiah women, and
WHEREAS, civic accomplishmentshave included collecting books to begin the Free
Public Library and later purchasing the property to bring the Carnegie Library/Ukiah
PublicLibraryto the community; assistingin securingthe Todd Grove CityPark, McGarvey
Park, and bringing paved streets to Ukiah; and
WHEREAS, the SaturdayAfternoon Club has continued to maintain the clubhouse
as a community meeting -place for benefits, classes, cultural events, weddings, parties, and
more; and has been a major sponsor of many nonprofit organizations including SPACE,
UCLO, and Habitat for Humanity; and
WHEREAS, since 1904 Saturday Afternoon Club members have been meeting on
the second Saturday afternoon of each month, September through May for tea and a
cultural program; and
WHEREAS, membership continues to be open to all women to join in the Saturday
Afternoon Club objectives; to improve the lives of women and community, to support
culture and the arts; to reflect community diversity, to collaborate with other women's
groups; and to care for the clubhouse.
NOW, THEREFORE, 4 Eric Larson, Mayor of the City of Ukiah, on behalf of my
fellow City Councilmembers Phil Baldwin, RoySmith, PaulAndersen, and Mari Rodin do
hereby proclaim September 2004, as:
SATURDAY'AFTERNOON CLUB CENTENNIAL
and urge the citizens of Ukiah to convey their appreciation and congratulations to the
The SaturdayAfternoon Club for its valu4ble_contributions the civic and cultural
achievements of our community.
Date: September 1, 2004
3a
MINUTES OF THE UKIAH CITY COUNCIL 4a
REGULAR MEETING
WEDNESDAY, JULY 21, 2004
The Ukiah City Council met at a Regular Meeting on July 21, 2004, the notice for which
had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council
Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
Staff present: Community Services Director DeKnoblough, �tnance Director Elton,
City Manager Horsley, Associate Planner Keefer, Fire C `1atipow, City Attorney
Rapport, Community Services Supervisor Sangiacomo, Peng Director Stump, Police
Chief Williams, and Deputy City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Planning Commissioner Kevin Jennings led, Fledge of Allegi
M/S Rodin/Smith ame.�
and Action Regarding fl
AYE voice vote of,cil.
City Manager Ho
Agenda iter "tQc"
being rq
Counell
3. PMENTATION
None.
Benda tt add 4. "
of Anent in r of the
4. AP P ROVA,,,, F M I IVES
#h the title of M."10e" on
Action Regarding Ballot
m was not described properly
at item as an urgency item for
jig an argument for or against
th the title of "Consideration
ument11, and carried by an all
Fenat Chesbro's office has requested that
�r
I toncil's next meeting, as revisions are still
approved"by the unanimous consensus of the City
4a. Joint Meeti ��
"" Ukiah Valle Sanitation District of June 9 2004
M/S Andersen/Ba 'n`,''aY.,T;., approving the Minutes of the Joint Meeting with the Ukiah
Valley Sanitation District of June 9, 2004, as presented, and carried by unanimous
consent, with Councilmember Smith abstaining.
5. RIGHT TO APPEAL
Mayor Larson read the appeal process.
6. CONSENT CALENDAR
M/S Smith/Baldwin approving items "a" through "d" of the Consent Calendar as
follows:
a. Approved Disbursements for Month of June 2004;
Regular City Council Meeting
July 21, 2004
Page 1 of 10
b. Received Report to Council Regarding Vacancy on the Parks, Recreation and Golf
Commission;
c. Rejected Claim for Damages Received from Cinda Johnsen and Referred to Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
d. Approved of Publishing Services By Ukiah Daily Journal for Fiscal Year 2004/2005,
in the Amount of $5.26 Per Column Inch for the First Day and $3.65 Per Column
Inch for Additional Days.
Motion carried by the following roll call vote: AYES: Councilmga ers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIPkIpbne.
James Mulheren presented a cf . the amou�f $1,000 to the Police Officers
Association in support of the Noverf%V .t..a_.x meafor public safety.
NE ::: ,
6:45 p.m. —Mayor Larson left his sem# as f�'��'�dr-Mayor Baldwin presided
bC �� `IIB,.,
\`C z
over the meeting.
Eric Larson announ at 11 see011 ion for the office of Mayor, however, he
will devote his tires"ward theampaigr t r the November public safety sales tax
measure and not dftpaign for or.
6:47 p.m. - Mayor L*n re mohair tf�eeting.
8. P 1313 G M.
8a. C ` eration ° Ac "&_ on AP eal Filed by Rebecca Thune of the Zoning
inistrator's&ditto= Approval of the Ashiku Height Exception Use
�p4MlM�11!!!lA-bAl4!lll�-
Pe -MM Proiect Loci at youth Spring Street
Plan nin+ !l hector Stuff discussed information contained in his Staff Report to
Council with ward to theublic hearing conducted by the City's Zoning Administrator
and explained` t the Zing Administrator made certain findings and conditionally
approved the Usk, filed by Mr. Mark Ashiku, seeking relief from the R-1 (Single
Family Residential oot height limit to allow the height of an existing single -story
residence to be increased approximately four feet. On June 25, 2004, Rebecca Thune
filed a timely appeal to the City Council, stating that the increased height would be
incompatible with other structures in the neighborhood, and would adversely impact the
general welfare of the residents in the area.
He stated that the property owner at 510 South Spring Street originally sought 10 -feet of
relief from the R-1 30 -foot height standard to construct a second story addition onto the
existing residence that would reach a height of 40 -feet. After neighbors expressed
opposition to the project, the property owner revised the plan and reduced the proposed
height to 34 -feet. While many neighbors, including all adjacent property owners, were
Regular City Council Meeting
July 21, 2004
Page 2 of 10
pleased with the revised plan and no longer expressed opposition, a few neighbors
remained concerned.
The Zoning Administrator did not receive any factual evidence that the additional four -
feet of height would adversely impact the public's health, safety or general welfare. The
concerns expressed regarding the additional four -feet of height were subjective in
nature, and no factual evidence was presented to support the claim. On the contrary,
technical evidence was submitted that indicated the project would not have an adverse
impact on the public's health, safety, and general welfare. ditionally, the Zoning
Administrator found, based on field reconnaissance, that th; mes in the surrounding
neighborhood, and on the west side in general, are ced of an eclectic mix of
architectural styles, shapes, sizes and heights, andtk'�Ilowing a residence to
exceed the height limit by four -feet would not be in,atible the neighborhood.
Based on these, and a number of additional find of fact, thy;: " ming Administrator
conditionally approved the project.
Recessed from l.oda item at 7:46 p.m.
9. UNFINISHED BUSINESS
9a. Status Report Regarding Cable Franchise Renewal Negotiations with Adelphia
Communications, Inc.
Community Development Director DeKnoblough discussed his Staff Report to
Council regarding the cable franchise renewal negotiations with Adelphia
Communications. Two main issues which have been the focus of negotiations have
been funding for public, education, and government (PEG) channels and the length of
term of the agreement. The needs assessment determined the total funding needs for
Mendocino County, Ukiah, Fort Bragg, and Willits to be approximately $1,500,000.
After lengthy discussions with the consultant, CSG, and negotiations with staff, Adelphia
Regular City Council Meeting
July 21, 2004
Page 3 of 10
has been willing to commit to an overall funding of $1,000,000 countywide, spread over
the length of a 15 -year agreement.
Considerable discussion followed with regard to a 15 year contract and whether a
shorter contract term would be more appropriate, the $.25 per subscriber per month add
on charge by Adelphia, the situation if Adelphia sells or transfers their franchise to
another company, the trend to reduce PEG funding, and other related financing issues.
By consensus, the City Council received the status report reglng the cable franchise
renewal negotiations and provided direction to staff to recnd a shorter term and
with a lesser amount of monthly fees to the users.
Tape 2a
Mark Ashiku discussed the photogram4he pr to ublic during the recess in
s
terms of the direction ari � t they wW tam Fla fied the photos for the
record. He disagreed.ellant �� project would be detrimental to the
health, safety, and.? ry' ,are of theighbori d. It was his opinion that the Staff Report
is comprehensiva" addresse4l16ach issu equately, including those raised by Ms.
Pruden. He ex Iain k
p � fat hid � � snot lisp on the historical register. He noted
that his homy. s
comp �Erup
�ur`ti:, `K: � �S and at a height of 34 feet would not be
very visile . 0111!, die 34 -foot he�g `°based on negotiations with his adjacent
neighs .whichreect his addition would not cast a shadow on his neighbor's
prop"'. He went on �fiscu;� cher structures on his property.
T.
Councilmember Smith voiced his support for Mr. Ashiku's requested permit.
Regular City Council Meeting
July 21, 2004
Page 4 of 10
Councilmember Andersen stated that he could not find a compelling reason why four
additional feet is needed for Mr. Ashiku's project.
Planning Director Stump advised that the height restrictions provide for any impacts a
project may have on neighbors, provides flexibility in the height of a home and with
architectural styles within 30 feet, and provides a window of flexibility for single family
residential development. It was the conclusion of staff that they could not find any
detriment and could not make any findings that the four additional feet would have an
adverse impact on the public health, safety, and general wqj p, based on all of the
information provided. Therefore, staff supported the extra fo4001 t proposal.
Planning Director Stump stated that even though#ire rpre a few people who
attended the Zoning Administrator's meeting and sppkW bgainsf . project, they did not
provide factual evidence or merit to the argument.
A discussion by ftlowed related to the findings submitted by Staff and those
submitted by Ms'* 3.rden. Motion failed by the following roll call vote: AYES:
Councilmembers Rodin and Smith. NOES: Councilmember Andersen and Baldwin, and
Mayor Larson. ABSTAIN: None. ABSENT: None.
M/S Baldwin/Andersen to uphold the appeal with the findings that: 1)The development
of the addition to the house to the height of 34 feet is not consistent with the General
Plan's elements Historical -Archaeological Resources and Community Design; 2) The
development of the addition to the house to a height of 34 feet is not consistent with the
scale and proportions of the immediate neighborhood; and 3) The development of the
project will not be proportionally appropriate on the subject property and is not
architecturally complimentary to the neighborhood.
Regular City Council Meeting
July 21, 2004
Page 5 of 10
Mayor Larson stated that he will vote to deny the Use Permit but not with any prejudice
toward rehabilitation of the building.
Upon an inquiry by Councilmember Andersen with regard to whether these findings
are adequate to deny the project, City Attorney Rapport advised that the findings must
be supported by substantial evidence in the record.
In response to a statement by Council member Andersen tkt,the burden should be
on the applicant to establish that the use permit should be,,,........W. ved rather than on the
opponents to prove that it should be denied, the City Attgf explained the difference
between this case and the typical case, where a pruvner is seeking to be
excused from a requirement of the zoning ordinance.
In the typical case, to be excused from a zonir
involved here, a property owner must app1 r
.10
Variance, the City Council must find that
would deprive the property owner of the same
make of theirs, because of some unique
Variance, therefore, the burdenthe
characteristics of his property make's v Ap
3 �uirement, like the foot height limit
and receive a Variaf�To grant a
zoning , uirement wd enforced, it
to
of f1%perty that his neighbors can
�h stic of his property. To get a
appfl�t to demonstrate why unique
apply th4ning requirement to him.
In this case, the zoning ordinance prdWes th
with the issuance of atM1111.6,,rnit. To .n
that granting the pe
exceed 30 feet in
standard from a Ih
will not be detrimen
11 Delwimentav
with a ` Oe Perm
a guides which
.the mood
Al Use dW exceed 30 feet in height
ase#, the City Council must find
e neighbor'ood. By allowing buildings to
e Zoning Ordinance converts the 30 foot
be exceeded as long as a taller building
Tape 3a
M/S Baldwin/Andersen amending the motion to revise finding #3 to read, "The
development of the project will be detrimental to the health safety and general welfare of
persons working or residing in the neighborhood, because the increase in house height
is not proportionally appropriate on the subject property and will not be architecturally
complimentary to the neighborhood.", carried by the following roll call vote: AYES:
Councilmembers Councilmember Andersen and Baldwin, and Mayor Larson. NOES:
Councilmember Smith. ABSTAIN: Councilmember Rodin. ABSENT: None
Regular City Council Meeting
July 21, 2004
Page 6 of 10
Recessed: 9:57 p.m.
Reconvened: 10:02 p.m.
Tape 4a
10. NEW BUSINESS
10a. Discussion of Amplified Sound Management — Vice -Mayor Baldwin
Vice -Mayor Baldwin referred to a letter he wrote to Council that is included in the
Council packet concerning support for amplified sound management. In particular, he
referenced the loud music generated from the western hills by property owner Rick
Piffero that he found to be offensive and solicited law encement to abate the
situation. He also drew attention to neighbors of Todd Park who tolerate a
growing number of amplified private events, some plug= h at the picnic area and
others from stereos in parked cars.
Public Comment opened by Mayor Larson: 10.m.
Members of the audience that spoke to the pm
g of loud or amplifie'tsic either by
Mr. Piffero on the Fourth of July or at oth4 Ibcations ir) jhe City were...
a Waters,
`ftMike Deckard, Roger Baker, John Mcwen erzyna Rolzinski, Steve
Schmanini, Susan Knapp, Leslie Kirkpatrick Pruden, Liam Wetsel, Max
Klinger, Jean Harmon, and Rex Fift
Tape 4b
Police Chief Williams discussed that Music,IR.R
, Fours f July and the numerous
complaints received, ani 'has Wired the City Noise Ordinance
pined thta
with the City Attorney �d'OW.-Manager is their +elief some changes could be
710-77,
considered that 1pdl'Ili ow eat. enforcent by the Police Department.
Councilmembo suggested reducing the violation to an infraction and fines
would be discreti `$ .t 'with the amount of the fine dependant on how far away the
noise can be hear&11 he stated that she was disturbed by the noise on the Fourth of
July and found it to be a violation of the peace. She discussed her conversation with
the District Attorney in which he was condescending and insulting to her. She
suggested writing letter to the District Attorney about the situation. It was her option that
the District Attorney that dropped the ball in this situation, not the Police Department.
Councilmember Andersen was of the opinion that a subcommittee can not only look at
the City's noise ordinance but could research other noise ordinances in the region. He
stated that as the elected body of the City of Ukiah, it should communicate to the District
Attorney that the City does have a Noise Ordinance. He would like Staff to bring a draft
Regular City Council Meeting
July 21, 2004
Page 7 of 10
letter to the District Attorney back at the next meeting, or having the Mayor draft a letter
with those points raised to the District Attorney. He went on to discuss the music played
by Mr. Piffero and how it disturbed his family and the community.
Councilmember Baldwin suggested that Council or perhaps a subcommittee discuss
disallowing any amplified music at private events in Todd Grove Park or in the Plaza in
the future.
Mayor Larson requested Council email him their input on with a letter to the District
Attorney should contain. He will work on a subcommittee vouncilmember Baldwin
with regard to the Noise Ordinance.
City Manager Horsley explained that the Commrpifiyervi�?epartment receives
applications for events at the Plaza and Todde Park anti` events are very
restrictive. Staff will provide Council with a list of ase restrictions.
10. NEW BUSINESS
10b. Presentation by Solid Waste S
Councilmember Andersen, rep,res
Management Board, advised that y
to make a presentation to the Cour
Pamela Davis, who
discussed the concern
and MSWMA and a
a timeframe was.
made to improvo
=a
Following the agree
family locat
City ager Hail
submittee and I
ystems°
entative
guested the
Mpg apa
oversees the blic
yCou�lm
"to awess sores
d upon f nompletir
mmunicadk betwe
and ``ADartment Recvclin
^` Mendocino County Waste
ms's garbage collection franchisee
rtrr recycling.
recd`_,ling program in Ukiah,
bier. '�.�4pril she met with City Staff
he issues Wvith multi -family recycling and
e switching of carts. Arrangements were
Solid Waste Systems and MSWMA.
egress and put recycling back in multi-
.; ed that after their April meeting, the City set up a
all regarding servicing problems.
Ms. Dav[ explained that'Allis her opinion that the issues have now been resolved and
Solid Wase 5 :wants totinue working with MSWMA and serving multi -family
complexes :discur. the difficulty with that task and the amount of continued
outreach to work Occupants.
Tape 5a
Councilmember Andersen noted MSWMA's concern that, although the outreach
person did their part with educating the occupants, bins that were provided were not
delivered on time or picked up.
Ms. Davis discussed the difficulty of multi -family recycling and stated that commercial
recycling is very important as well. She went on to explain they have an outreach
persons visiting the schools janitorial staff to encourage recycling, first with paper
recycling, then with recycling in lunch rooms.
Regular City Council Meeting
July 21, 2004
Page 8of10
10. NEW BUSINESS
10c. Discussion and Possible Action Regarding SB 1648
City Manager Horsley advised that Jennifer Puser, aide to Senator Chesbro, has
requested the matter be continued to the next Council meeting.
10. NEW BUSINESS
10d. Adoption of Resolutions Declaring the Official Intent to Reimburse
Expenditures from the Proceeds of Tax Exempt Securities
Finance Director Elton advised that the utility departm : is pursuing planned
upgrades to the water and wastewater facilities of they Failure to adopt a
reimbursement resolution may mean that financing must ,yained in multiple parts or
t
must be accelerated to provide cash when on hand fu -q e,+�l�ted.
A bne 1scussion fo11 10" with r rd to the matter and it was the consensus of the
Council �t the City (pager, in conjunction with the City Attorney, will make
necessary manges to tl argument, as presented in the March 2004 election, and
provide Coun with a for review. Once the final version has been established,
Council can sign dornent in the Council office.
11. COUNCIL REPORTS
Councilmember Rodin advised that she received an invitation from Nuestra Casa for
the celebration of their summer program at Yokayo School on July 29th. She reported
that there was a fire at a home behind her house on Monday night and wanted to
commend the firefighters who arrived quickly to respond to the situation.
Councilmember Smith reported he attended the Summer Creek dedication ceremony.
He explained that he will not be able to attend the August 8th Council meeting as he will
be attending a NCPA meeting and then going on vacation.
Regular City Council Meeting
July 21, 2004
Page 9 of 10
Mayor Larson reported that he also attended the Summer Creek dedication of their
new facility and made a speech.
12. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley presented Council with a list of movies for their review for
showing at the Alex Thomas Plaza. She has been working with the Joy Beeler at the
Main Street Program.
Deputy City Clerk Ulvila reported that only two candidates
have taken packets out but none have been returned to the
13. CLOSED SESSION
14.ADJOURNMENT
There being no further business, the City Cou
Marie Ulvila, City Clerk
ing was adj
Regular City Council Meeting
July 21, 2004
Page 10 of 10
ie November election
lerk's Office.
at 12:12 p.m.
MINUTES OF THE UKIAH CITY COUNCIL 4b
REGULAR MEETING
WEDNESDAY, AUGUST 4, 2004
The Ukiah City Council met at a Regular Meeting on August 4, 2004, the notice for
which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council
Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Rodin, Andersen, Baldwin, and Mayor Larson.
Council absent: Smith. Staff present: Public Utilities Pct Engineer/Manager
Burck, Finance Director Elton, City Manager Horsley, Watermen Plant Supervisor
Jamison, City Attorney Rapport, Community Servigfupervisor Sangiacomo,
Electrical Distribution Engineer Sauers, Police Office ,ay Police Chief Williams,
Public Utilities Director Ziemianek, and Deputy City Q160 Ulvila ,
2. PLEDGE OF ALLEGIANCE
Public Utilities Director Ziemianek led the
e of Allegiance.
cv (NCPA) /Cil
purpose, and Vjjgbili
3. ESENTA ` !"
3b presentation d1
�Vffiti Within U
PoliceC Williams d
Mr. John McC wen, who
LAMATION
d Ukiah P,
to Reduce and Elimi
ssed the efforts of Ukiah Police Sergeant Trent Taylor and
�n actively involved in removing graffiti in the City.
Police Sergeant " "'m I provided a Power Point presentation to Council and explained
that in March 200�affiti within the City had become a serious problem. Local
resident, John McCowen worked in a voluntary capacity with the Ukiah Police
Department in an effort to develop a new system, which could be used to report and
eradicate graffiti quickly and efficiently.
A brief discussion followed the presentation and Council voiced their appreciation to Mr.
McCowen for his efforts.
John McCowen thanked the Police Department for their excellent partnership and
police work in eradicating graffiti and in apprehending offenders. He also recommended
support of the November ballot measure to support public safety in Ukiah.
Regular City Council Meeting
August 4, 2004
Page 1 of 6
3. PRESENTATIONS/PROCLAMATION
3c. Proclamation: Legends of the Redwoods Native American Marathon Day
Mayor Larson read the Proclamation proclaiming August 14, 2004 as Legends of the
Redwoods Native American Marathon Day and urged all citizens to participate in a
commemorative run, attend the author lecture at the Civic Center, and enjoy the
exhibition at the Grace Hudson Museum.
Tape 1 b
The proclamation was accepted by Museum Director "-Ferri and Mr. Keith
White Wolf James, who thanked Council for the Proq$Mtion and discussed the
z
project and the events planned.
John Dickerson discussed the collaboration i
media will be in attendance.
4. APPROVAL OF MINUTES
4a. Regular Meetinq of June 16, 2004
Councilmember Rodin advised that the min
from the June 16t" meeting.
M/S Baldwin/Smith approving the''
amended, and carried by unanimous
District - I
Councilmember
read "M/S Stith/
amountsi + A
sentende tin naafi
M/S Baldwiftl
Ukiah Valley St
unanimous cons
nd noted that the
reflect that she was absent
2004, as
a\ to pa" 1, second to the last paragraph should
al sewer rates by Staff's recommended
consensus cif Council." She also inquired about the first
to clarification of Board Member Delbar's comments. It
puld read, "Board Member Delbar expressed concern
00staff about the infiltration of water getting into the
roving the Joint Meeting of the Ukiah City Council and the
ict Meeting of June 30, 2004, as corrected, and carried by
5. RIGHT TO APPEAL
Mayor Larson read the appeal process.
6. CONSENT CALENDAR
Councilmember Rodin questioned the wording of a portion of the findings on page 2 of
item "6e". She also noted that on page 3, the last sentence of finding #18 should show
the figure of $200,000, not $150,000.
Regular City Council Meeting
August 4, 2004
Page 2of6
City Attorney Rapport explained that the clerical errors would be corrected in the
Ordinance.
Public Comment Opened: 7:44 p.m.
A member of the audience who spoke in support of the bill was Kathy Bailey.
Members of the audience who voiced their opposition to the bill were: Bill Smith,
Carrie Brown (representing the Mendocino County Farm Bureau), Julie Bawcom
Regular City Council Meeting
August 4, 2004
Page 3 of 6
(California Geological Survey, Division of Mines and Geology of the State of
California Resources Agency Department of Conservation), and Greg Giushi.
Bruce Foster felt Council should obtain further data before making a decision on the
bill.
Tape 2a
Public Comment Closed: 8:23 p.m.
Considerable discussion ensued regarding components,,'IM., `SB 1648 as well as
discussion of the letters from the cities of Point Are Y=�> d Fort Bragg, and the
Mendocino County Board of Supervisors. Counq# §sed the letters and
recommended the City draft a letter also.
Mayor Larson discussed his concerns with th6 ate" and letters froom the cities of Point
Arena and Fort Bragg. He voiced his condi "I"" to the City of fort Bragg and
Mendocino County, and that the City of Uki : ould reinfdWce those cones as far as
policy outlines in revenue and management pees.
M/S Larson/Baldwin to draft lec=Q
na,4
points outlined by the City of Poir
r.
Ukiah's concern to continue to rah
Mendocino County Board of Supery
following roll call vote:,Amm. ouncilr
Larson. NOES: Nona A 3 "r' None.
8. UNFINISEBUSINES
8b. Award of B West
Water.....:Storaa 1 t
Public ilities for Zibmianek reviewed his Staff Report with Council and
disc�d the two bites +cew Qn the project. Project construction manager, Owen
Engin -ing (OEMC) revfted thids and found no inconsistencies. Based on the bid
and eval on and recorndation by Owen Engineering, Staff recommends award of
the contradt'1 Western VV r Constructors, Inc. for the bid amount of $4,498,620.
Tape 2b
M/S Baldwin/Rodd ;awarding bid to Western Water Constructors, Inc. for the
construction of two ft million gallon capacity prestressed concrete reservoirs and one
bolted steel 300,000 gallon capacity reservoir in the amount of $,498,620 and authorize
City Manager to execute agreement, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: Smith.
Recessed: 9:07 p.m.
Reconvened: 9:13 p.m.
9. NEW BUSINESS
Regular City Council Meeting
August 4, 2004
Page 4of6
9a. Approval of Consulting Contract to Willdan in the Amount of $73,910 for
the Performance of a Value Engineering Review of the Proposed Waste
Water Treatment Plant Expansion and Rehabilitation Project and Approval
of Budget Amendment
Public Utilities Director Ziemianek discussed his Staff Report to Council and
explained that Willdan was the only company to submit a proposal by the RFP close
date of July 19, 2004. He noted that costs for this review were previously agreed to by
the Council and Ukiah Valley Sanitation District Board (Board) to be split 50/50 and
added to the overall project costs. Also as discussed previoud!y, with the Council and
.......................
Board, additional costs for Brown & Caldwell personnel f attend various Value
Engineering (VE) sessions is not included in the award. costs were agreed to be
s
added to the overall project costs and will be betweend $10,000. The matter
was brought before the District last week and the Board conditrt approved it based
on Council's moving forward on the project.
Max Bridges, representing Willdan, explain!*
experts who will review the project. The pry
and Caldwell and the City, and they will tour f
be a re -collection of all of the data because it is
hat they will be assernWg a team of
will be
ented to Wife by Brown
plantd look at plans. T ere will not
sive.
contra G' Willdan in the amount of
*prang Raw of the proposed Waste
Profs, plus an amount not to
FY servio� and approval of a budget
Jng exper 'diture of $84,000 in account
w; carried by the following roll call vote:
Jwin, and Mayor Larson. NOES: None.
It was the consensus of Council to select Mayor Larson and Councilmember Rodin as
the City's League of California Cities' Delegates.
10. COUNCIL REPORTS
Councilmember Rodin reported that she filed nomination papers as a candidate for
City Council and had enough valid signatures to qualify as a candidate.
Councilmember Andersen reported that he hopes to have an update on the signing of
the lease for the Skate Park at the next Council meeting. Several fundraising events
are being planned.
Regular City Council Meeting
August 4, 2004
Page 5 of 6
Councilmember Baldwin requested a report from the Paths, Open Space, and Creeks
Commission (POSC) with regard to the hillside development regulation to be presented
to Council at its September 1 st meeting. He also requested a complete inventory of the
paths and parks in Ukiah as well as funding strategies by November 17tH
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley reported this Sunday is the Commission appreciation event at
Todd Grove Park. It is planned that Council would hand out giftiglo Commissioners and
the Concert in the Park would follow. She reported that s, net with Public Utilities
Director Ziemianek with regard to the goals of the Utilitieartment and he reported
� U:S
that he is aggressively pursuing getting the hydroelet running again. He will
provide Council with a report soon and explained situM— issues, and costs
involved.
Marie Ulvila, C
lection,`' advised Council as to the number of
Vers bu v oted that Mari Rodin is the only individual
been cerd by the County Elections Department as
, the City Council meeting was adjourned at 9:33 p.m.
Regular City Council Meeting
August 4, 2004
Page 6of6
MINUTES OF THE UKIAH CITY COUNCIL 4c.
REGULAR MEETING
WEDNESDAY, AUGUST 18, 2004
The Ukiah City Council met at a Regular Meeting on August 18, 2004, the notice for
which had been legally noticed and posted, at 630: p.m. in the Civic Center Council
Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Andersen (6:33 p.m.), Smith, Baldwin, and Mayor
Larson. Councilmember absent: Rodin. Staff presen Community Services
Director DeKnoblough, Finance Director Elton, City Mana rsley, MIS Coordinator
Klingbeil, City Attorney Rapport, Community Services isor Sangiacomo, Public
Works Director/City Engineer Steele, Planning Direct ublic Utilities Director
Ziemianck, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Justin Capri led the Pledge of Allegiance.
M/S Smith/Baldwi[by
;una,
he Re Meeting Minutes of July 7, 2004, as
amended, and c ous roII vote, with Councilmember Rodin and
Andersen absentCouncilm Andve
4. RIGHT TOqWEALJMISION
Mayor Larson peal process.
City Manager Horsily announced that staff is requesting that item 10a be continued to
the next meeting. Council approved the request by unanimous consent.
5. CONSENT CALENDAR
M/S Andersen/Smith approving items "a" through "e" of the Consent Calendar as
follows:
a. Approved Disbursements for Month of July 2004;
b. Received Notification of Bid Award to Rogers Machinery Company for One Air
Compressor in the Amount of $6,318.10;
c. Awarded Bid for Purchase of patrol Car Vehicle in the Amount of $26,356.15 to
Regular City Council Meeting
August 18, 2004
Page 1 of 5
Harper Ford Country;
d. Awarded Bid for Purchase of Body Armor Vests in the Amount of $10,543.34 to
Sierra Police Supply;
e. Awarded Bid for Replacement Telephone System to Telecom Services Co. of Ukiah,
Authorization for city Manager to Sign Contracts, and Approval of Budget
Amendment.
Motion carried by the following roll call vote: AYES: Councilmembers Andersen, Smith,
Baldwin, and Mayor Larson. NOES: None. ABSENT: uncilmember Rodin.
ABSTAIN: None.
6. AUDIENCE COMMENTS ON NON -AGENDA ITE
Janet Moore discussed Senate Bill SJR22 relative to
.S. riot Act.
roject
idLupdate of kate Park
Ftiv
ite. The Ukiah Skate Park
ies. City Staff continues to
o. He briefly discussed funding
Joy Beeler, Treasurer of the
planned for August 28tH
plans to write grants eE s
construction of th ct.
Justin Capri, Co -c f th
the site an usse
would li a
the c nity.
Ta e
7-1.HED
7b.
&ReDCeaa
ssary Improvements to the Community Swimming
n of Use of Special Projects Reserve Funds to
Secure eftaidWsment Consultant Services
Community Servi up
ervisor Sangiacomo identified the pools immediate needs
and related cost esti ates. He noted that Council needs to discuss a comprehensive
list of repairs and improvements to keep the pool operating for the next five to ten years.
He also discussed the issue of the retention of consultant services to complete a
comprehensive assessment of the pool's condition and evaluation of a future aquatics
center. He anticipates the cost of such a study to be between $35,000 and $50,000.
Previous discussions regarding an assessment study for the pool have focused on
securing a Community Development Block Grant (CDBG) Planning and Technical
Assessment grant from the State Department of Housing and Community Development
under the General Allocation category.
Regular City Council Meeting
August 18, 2004
Page 2of5
Community Development Director DeKnoblough explained that the study should be
able to identify the scope of the project as well as costs of operation, maintenance, staff
time, and safety issues.
8. NEW BUSINESS
8a. Approval of Application to Demolish a Structure Over 50 Years Old Located
at 1080 Helen Avenue, Ukiah
At the request of staff, the matter was continued to September 1, 2004.
8. NEW BUSINESS
8b. City of Ukiah Lake Mendocino Hydroelectric Pr U date
Public Utilities Director Ziemianek discussed his r ouncil and
Power Point presentation regarding the startup issu s ainin the Lake
Hydroelectric Project. He also discussed existin itions at th nt sit(
discussions with the Army Corps of Engineer ipment manufac s,
scenarios leading to an eventual startup, as s the next steps for t '1
Tape 1 b
A brief discussion followed between Counc s and staff related to the
hydroelectric project. Council co ed Direct o mianek on the thoroughness of
his report.
Ele lc a fW' ffi
k dis his rep to Counci, provided a Power
os
ts a iated with undergrounding electric system
nt type f underground designs with particular
Ngpundi and issues pertaining to operation,
Recessed at: 8:1 mummEmmV.
Reconvened at: 8:1 p.m.
Mayor Larson noted that a request has been made to hear Redevelopment item 6a
next. Council agreed to the request by unanimous consent.
Adjourned: 8:15 p.m. to sit as the Ukiah Redevelopment Agency.
Reconvened: 8:20 p.m.
8. NEW BUSINESS
8d. Update and Possible Action Regarding Fund 699 — "Special Projects
Regular City Council Meeting
August 18, 2004
Page 3of5
Reserve"
Public Works Director/City Engineer Steele briefly discussed her report to Council
with regard to the Special Projects Reserve, Fund 699.
Councilmember Baldwin recommended that staff provide another presentation after
the November election.
8. NEW BUSINESS
8e. Discussion and
int
Commission Meeting
Planning Director Stump discussed scheduling
Planning Commission meeting. The purpose
implementation of the General Plan, broad land use
and other topics of interest. The Planning Com
meeting and identified September 29, 2004 fro
20
Deputy City Clerk Ulvila advised that can
also be invited to the meeting.
Tape 2a
It was the consensus of Counc
Planning Commission on Wednesd(,
the Ukiah Valley Conference Center.
8. NEW BUSIN
— Plannin
of a ual joint
eting
nviro tal
discusse
to 6:30 p.m.
City Council —
is to discuss
planning issues,
utter at a recent
in the Aftember 2004 tion would
a joint ting of the City Council and
r 29,It
from 5:00 to 6:30 p.m. at
advisdffthat Co 'I would discuss the matter in Closed
e orted that he attended a Mendocino County budget
9 y e Board of Supervisors will not directly appropriate
ount 'ance (MCA) but will provide $300,000 to economic
Iuld determine how to use that money to better enhance the
The Chairman of the Board of Supervisors is interested in
ut promotion and economic development. He thought that
cussion to have with the County because by combining
le to do more in this area than what is currently being done.
At the MTA meeting, the Board expressed the need to explore options of changing the
JPA to explicitly provide it with the power of imminent domain. They would like each
voting entity to vote on the matter.
Councilmember Smith reported he will be gone next week to a NCPA meeting.
Mayor Larson reported he attended the Board of Directors of the Redwood Empire Fair
barbeque and was a judge of chocolate cakes.
Regular City Council Meeting
August 18, 2004
Page 4of5
Councilmember Baldwin noted that the Commission appreciation barbeque prior to
the last Concert in the Park was very well done and a pleasant affair. He commended
staff for their hard work.
10. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley reported the Family Movies in the Plaza will begin on Friday,
August 20th with the showing of Shrek. She also announced that the Grace Hudson
Museum will be having a luau and auction on August 22"d. She reported that a joint
meeting of the Russian River Flood Control District and the s mmittee is scheduled
for August 31, 2004 at 2:00 p.m.
Deputy City Clerk Ulvila reported that a Press
deadline for applications to the Parks, Recreation,
Only one application has been received to fill the
inquired if Council wished to interview the ap '
the September 1 st Council meeting, or if t c
during the meeting.
It was the consensus of Counc
and Golf Commission and to prow
and if Council has any questions, t
She also reported that
candidates for the Nov
picks random letters
listing has been plWAFel
Adjourned to Clo
Reconven -21
11.
8. NEMM
8f., Appro
M/RC Smith/,
carried by a
absent.
Re issued
If Co
r
acancy on i
st prior to th
uld prefer to ini
extending the
to August 13tH
nmission. She
imencement of
6Lhe applicant
ant to the Parks, Recreation
of the applicant's application
krson directly.
the order in which the
allot. The Secretary of State
e candidates are listed. The
COUNSEL — EXISTING LITIGATION
.956.9(a) Ukiah v. Cox/Mayfield, Mendocino
No. 041-92104
proving settlement agreement in Ukiah v. Cox/Mayfield case;
roll call vote of the Council present. Councilmember Rodin
12.ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 9:27 p.m.
Marie Ulvila, Deputy City Clerk
Regular City Council Meeting
August 18, 2004
Page 5of5
ITEM NO: 6a
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: REJECT PROPOSALS RECEIVED FOR FUEL PURCHASE THROUGH A
CARD SYSTEM
In response to the City's request for proposals (RFP) for fuel purchase through a card system,
the City Clerk received two proposals by the deadline of 2:00 p.m., August 11, 2004.
Proposals had been sent to five vendors.
Of the two proposals received, Rino Pacific was the only one that could be considered
responsive. The other proposal came from USA Petroleum, who omitted pricing information.
Due to their single location at 2401 North State Street, awarding the contract solely to Rino
Pacific would not adequately meet the City's fuel needs in cases of power outages and
emergencies. Their more remote location would also cause some burden to City crews reliant
on more convenient fueling locations.
For the purposes of flexibility in fueling location, separate needs of the different departments,
and choices of fueling options in emergency situations, staff is recommending that all
proposals be rejected. Staff further requests that the City Council waive the Municipal Code
Section 1522 bidding procedure which requires purchases to be based on three bids
(whenever possible) and allow staff to negotiate with those vendors who can provide an
equitable price discount for volume purchases and can substantially conform to the City's
billing criteria.
RECOMMENDED ACTION: 1. Reject all proposals; 2 Waive the bidding requirements
required by Section 1522 of the Ukiah Municipal Code; and 3. Allow the Purchasing
Department to negotiate purchase order agreements with vendors which can substantially
conform with the City's billing requirements.
ALTERNATIVE COUNCIL POLICY OPTIONS: Award a one year service agreement to Rino
Pacific thereby requiring all City departments to purchase fuel through one source.
Citizens Advised: N/A
Requested by: Gordon Elton, Director of Finance
Prepared by: Mary Horger, Purchasing Agent
Coordinated with: Candace Horsley, City Manager
Rick Seanor, Deputy Director of Public Works
Attachments: None
Approved:
Candace Horsley, City N49nager
ITEM NO. 6b
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: REPORT OF THE ACQUISITION OF SERVICES FROM TIM NARVAEZ IN
THE AMOUNT OF $9,560 FOR SLOPE REPAIR WORK AT THE UKIAH
SOLID WASTE DISPOSAL SITE
SUMMARY: In compliance with Section 1522 of the Ukiah City Code, this report is being
submitted to the City Council for the purpose of reporting the acquisition of services costing
$5,000 or more but less than $10,000. Staff obtained a proposal from Tim Narvaez who has
the size and type of heavy equipment needed for the slope repair work at the Ukiah Solid
Waste Disposal Site.
The Purchasing Department issued a purchase order to Tim Narvaez for slope repair. The
total cost for slope repair work is $9,650 which is within the budget amount of $17,500. Funds
are available in the City's budget, account number 660.3401.250.009.
RECOMMENDED ACTION: Receive and file report regarding the acquisition of services from
Tim Narvaez in the amount of $9,650.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A.
Citizen Advised: N / A
Requested by: Diana Steele, Director of Public Works / City Engineer
Prepared by: Rick Seanor, Deputy Director of Public Works
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Fiscal Year 2004 / 2005 budget sheet
APPROVED: �
Candace Horsley, City anager
RJS: AGLF-SlopeRepair-Narvaez
CITY OF UKIAH
ENTERPRISE FUND
SOLID WASTE DISPOSAL SITE
FISCAL YEAR 2004-2005
ACCOUNT NO. 660-3401
110 Salaries Regular $ 70,985
.000 1 Public Works Director/City Engineer 25% (60% Engineering & Administration, 15% Street Maintenance)
1 Deputy Public Works Director 10% (60% Engineering & Administration, 25% Street Maintenance, 5% Garage)
1 Public Works Maintenance 1 100%
141-156 Employee Benefits $ 22,178
.000 Retirement, Workers Compensation Insurance, Group Insurance, Unemployment Insurance, FICA, Medicare.
210 Utilities
•""" ""a" '-'`+ L1 %+vt111C11l XiUOt Cil lj jC V VGJICVVdICf I f Cdl[IIUHI t-lafl[ (�)L-I ,zoo); snare of umities at civic center ($159); electricity
for leachate pumps and gas extraction blower system ($1,810).
220 Telephone $ 596
.000 Cellular and land line telephone usage.
250 Contractual Services $ 95,379
.003 Re -seeding, erosion control (hydroseeding five acres) $ 4,500
.005 Monitoring and testing by private laboratory $ 73,379
—x-.009 Miscellaneous contractual services: Slope redressing $ 17,500 �-
291 General Governmental Charges $ 65,701
.000
303 Vehicle Repair and Maintenance $ 443 .�
.003 Garage labor $ 435
.004 Garage parts $ 8
305 Building Maintenance $ 668
.000 Solid Waste Disposal Site function's share of the maintenance of the Civic Center facility.
N
Page 160
ITEM NO. 6c
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION OF PURCHASE OF ONE SINGLE DRIVE CUTTERHEAD IN THE
AMOUNT OF $6,542.25 FROM SRS CRISAFULLI
Pursuant to Section 1522 of the Ukiah City Code, this report is submitted to notify the City Council
of the acquisition of equipment costing between $5,000 and $10,000. The dredge used to remove
the sludge from the lagoons at the Wastewater Treatment Plant experienced a failure of the
cutterhead. Due to its age (10 years), parts to rebuild the unit are no longer available from the
manufacturer or from aftermarket parts distributors. Staff's only option was a retrofit cutterhead
from SRS Crissafulli (original manufacturer).
Funds for this replacement are available in maintenance account 612.3580.690.000
RECOMMENDED ACTION: Receive and file notification.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised:
N/A
Requested by:
Bernie Ziemienek, Director of Public Utilities
Prepared by:
Jerry Gall, Wastewater Treatment Supervisor
Coordinated with:
Candace Horsley, City Manager
Attachments:
None
APPROVED:
Candace Horsley, City Mana er
1
ITEM NO. 6d
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION APPROVING RECORDS DESTRUCTION
The City Clerk has identified a total of eight archival record boxes placed in storage by the City
Clerk's Department that meet the Records Retention Schedule which was adopted by City
Council in 1999. These boxes are ready for destruction. The City Attorney has reviewed the
Records Retention Sheets for each archival box and has approved those boxes designated for
destruction. The City Clerk's budget has allocated $1,855 for records destruction and shredding
of documents.
RECOMMENDED ACTION: Adoption of Resolution Authorizing Destruction of Certain Records
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: N/A
Prepared by: Marie Ulvila, Deputy City Clerk
Coordinated with: Candace Horsley, City Manager, Gordon Elton, City Clerk, and David
Rapport, City Attorney
Attachments: 1. Resolution with attachment authorizing the destruction of certain records
APPROVED:
Candace Horsley, City M617 er
ASR: Records Destruction 2004 City Clerk
qnL
RESOLUTION NO. 2005 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS
WHEREAS, the City Clerk's Department has reviewed and approved the list of
records provided by the City Clerk's Department that are ready for destruction; and
WHEREAS, the attached list of City records represents records which are no longer
necessary and may at this time be destroyed.
NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby
approves the destruction of certain records, contained in Exhibit A of this Resolution, and
authorizes the City Clerk to destroy the records.
PASSED AND ADOPTED this 1 st day of September, 2004, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Marie Ulvila, Deputy City Clerk
Eric Larson, Mayor
Resolution 2005-03
Page 1of1
RECORDS DESTRUCTION NOTICE FOR CITY OF UKIAH CATTAC T
Date: August 17, 2004 Department: City Clerk Records Coordinator:
Marie Ulvila, Deputy City Clerk
Current retention schedules show that the records listed are now ready for destruction.
Instructions: 1. Review this listing.
2. Obtain Department Head's Signature.
3. Return this notice, signed, no later than Sept. 16, 2004 to City Clerk.
Thank you for your cooperation in keeping our records management system working smoothly and
legally.
Marie Ulvila, City Clerk
LOCATION
BOX
RECORD TITLE
DATES
RETENTION
DATES
CO ,_ _ii
�y
230
300
Airport files, clear zone
1952-1965
2000
616
1936
Bids — 601-03
1996-1996
1999
%
`
r
617
1837
Bids — 601-03
1996-1996
1999
618
1838
Bids — 601-03
1987-1994
1997
619
1839
Bids — 601-03
1995-1995
1998
620
1840
Bids — 601-03
1994-1995
1998
0.
r
868
2344
Bids
7/01-6/02
2004
870
2346
Bids
7/01-6/02
2004,,,�'-�
Sianatures Authorizina Destruction
Department Head. 'ty C r 'ty�Attor a Destroyed By
Date: �' Date: i7 p Date: '� if Date:
J
Reports: Destroy -City Clerk 2004
RECORDS TRANSFER NOTICE
Date.
Department
User/Sender
. Location
Box
March 4, 1998
Cit
Clerk
Colleen Henderson
Record Title (From Records Retention Schedule)
Records artRecord
Dates: Month Year
Month Year
_ _
Bids 601 03 -1996
Information0
confidential? Circle one.
FROM: 1996
Retention Period: 3Y
TO: 1996
Year to consider destruction: 1/2000
Permanent: Y o(IN I
Detailed Listing of Tote Box Contents (Do not write on Box)
Spec. 96-04, Gobbi Street Storm Drain from Waugh Ln to Leslie St.
Roof Replacement Wastewater Operations Building
Spec. 96-05, Traffic Signal -No. State/Low Gap/Brush
E14916; 2 Wheel Dr Utility Vehicle
Landfill Erosion Control
E14342, Ford Taurus
E 9992 New 1996 or 1997 3/4 Ton Truck
# 9993 New 1996 or 1997'/ Ton Trucks
SOD -BIS Sodium Bisulfite Products
E15527 Liquid Polymer
Spec. No. 96-12 Street Striping
Check for Contracts/Notices of Completion 3/4/98 cbh
Instructions:
1. Please type or print legibly
2. Place copies 1 and 2 inside Tote Box on top of records
3. Retain copy 3 for follow up
a: Records Retention: RTNform: 1/98
RECORDS
RECORDS TRANSFER NOTICE
Date Department
March 4, 1998 City Clerk
Record Title (From Records Retention Schedule)
Bids - 601-03 - 1996
Year to consider destruction: 1/2000
User/Sender
Colleen Henderson
Records areQ5—ubl-i
Information off"?"
Confidential? Circle One.
Detailed Listing of Tote Box Contents (Do not write on Box)
Spec. No. 96-14, Leachate Pipeline Improvements
E14195, Tree Trimming at Various Locations
Spec. 96-17, Booster Station at Landfill
E15703, Electric Meter Reading
Spec. No. 96-16, Reconstruction of Airport Road
Spec. 95-20, ADA Ramps Main St./Low Gap
E15703, Camellia Valley Supply
D1684, Tree Trimming at Various Locations
E13684, Polemount Transformers
E15753, 1000 KVA 12,000 Volt Pd. Pad. Trans.
Chlorine Products .
E14708, New 1996 One Ton Truck Cab & Chassis
E13426, Mini -Mainline Color video Sewer Insp.- Camera
Sodium Hydroxide Products
E14007, 10,000'4/0 19 Strand Aluminum Cable
815096, Wood Poles
E13691 & E13692, Various Electric Transformers
Petroleum Products for City Garage
.Various Petroleum Products
Check for Contracts/Notices of Completion 3/4/98 cbh
Instructions:
'1. Please type or print legibly
2. Place copies 1 and 2 inside Tote Box on top of records
3. Retain copy 3 for follow up
a: Records Retention: RTNform:.1 /98
ermanent: Y or
.Location Box
Record Dates: Month Year Month Year
FROM: 1996 TO: 1996
Retention Period: 3Y
RECORDS TRANSFER NOTICE
Date . Department
March 3, 1998 City Clerk
Record Title (From Records Retention Schedule)
Bid Files - 601-03.-1994
Year to consider destruction: 1/1998
Detailed Listing of Tote Box Contents (Do not write on Box)
1 New Mid Sized Sedan
Chlorine and Sulfur Products
Pavement Crack Sealing Machine
Silent Auction Dec. 21,.1994
Mobile Shelving Sun House
One Ton Truck w/Service Body/Crane
Transformers 10/25/94 BO
Airport Fuel Tank
IBM 6252 Printer
Street Maintenance Equipment
Truck Scales at Landfill
Repairs to D8N CAT Tractor
Audit Proposals for 1994/95
Sodium Hydroxide Products
Petroleum Products
Helen Avenue Sidewalk Const.
Replace Trickling Filter Arm - STP
Publication of Legal Notices -1988 - bid file
Publication of Legal Notices -1987 - bid file
Instructions:
1. Please type or print legibly
2. Place copies 1 and 2 Inside Tote Box on top of records
3. Retain copy 3 for follow up
a: Records Retention: RTNform: 1/98
User/Sender
Colleen Hendrson
Records pubI,
drffi-aTco
n ential? Circle One.
Permanent: Y oi(N
Location
(f, / V
Box
AK't *11) () I
Record Dates: Month Year Month Year
FROM: 1987 TO: 1994
Retention Period: 3 years
RECORDS TRANSFER NOTICE
Date Department
March 3, 1998 City Clerk
Record Title (From Records Retention Schedule)
Bids - 601-03 -1995
Year to consider destruction: 1/1999
Detailed. Listing of Tote Box Contents (Do not write on Box)
Wood Poles
750 KVA Transformer
3 Police Cars
Steel Lined Water Tank
Various Padmount Electrical Transformers
River Bank Repairs at the Wastewater Treatment Plant
Transformers
One New Aerial Unit
Aluminum Sulfate
Skid Loader
One New Refuse Loading Compactor
One John Deere Utility 870 tractor
RFQ - River Bank Repair Design Services
Bolted Steel Water Tank
Aluminum Conductor Cable
Instructions:
1. Please type or print legibly
2. Place copies 1 and 2 inside Tote Box on top of records
I Retain copy 3 for follow up
a: Records Retention: RTNform: 1/98
F�F
User/Sender
Colleen Henderson
Records arPubl'
Information o
Confidential? Circle One.
Permanent: Y or 1)
Location Box
�!q
Record Dates: Month Year Month Year
FROM: 1995 TO: 1995
Retention Period: 3Y
RECORDS TRANSFER NOTICE
Date
Department
User/Sender
Location
Box
March 3, 1998
City Clerk
Colleen Henderson
62*0
/po
Record Title (From Records Retention Schedule)
Records Public
Record Dates: Month Year Month Year
Bids - 601-03 -1994/95 to 1995
Information or
Confidential? Circle One.
FROM: 1994/5 TO: 1995
Yeatto consider destruction: 1/1899
Permanent: Y o N
Retention Period: 3Y
Detailed Listing of Tote Box Contents (Do not write on Box)
RFP City Clerk ARM/OIS Backfile Conv
Seven SWAT Police Vests
Various Electrical Transformers
4" Portable Sewer Pump
Scraper Rental
Street Striping
Tree Trimming
Central Striping Service Street Striping .
Fixed Asset
Demolition of 273 E. Clay
Construction of Sidewalk, etc., Spec No. 95-04
Computer Hardware Optical Imaging
RFQ -Watershed Study
Rotary Mower
Petroleum Products
Instructions:
1. Please type or print legibly
2. Place copies 1 and 2 Inside Tote Box on top of records
3. Retain copy 3 for follow up
...•L]...... -.J.. i�_L__L:_._. AT\I!__._._: • Inn
RECORDS TRANSFER NOTICE
Date Department: CITY CLERK User/Sender:
10/22/02 1 1 MARIE U LVI LA
Record Title (From Records Retention Schedule) Records are
BIDS: 2001-2002 Public Information x
or Confidential
Location 60
BJ1394
Record. Dates: Month Year Month Year
FROM: 7/1/2001 TO: 6/30/2002
Year to consider destruction — June 2004 Permanent:? Retention Period: CLOSED/COMPLETION + 2 YRS
Yes or No _ X
Detailed Listing of Tote Box Contents (Do not write on Box):
601-03
Ferric Chlorine Products 2/19/02
Full Size 1/2 Ton Pick Up 7/31/01
HVAC Units 11/25/01
Landfill Erosion Control 9/25/01
Landscape Design & Installation Services 4/8/02
Liquid Polymer 10/31/02
Liquid Polymer Alkyamine 1/3/02
Liquid Polymer Emulsion 1/8/01
Mendocino Drive Sidewalk Improvements, Spec. 00-06 5/23/02
Painting Interior of Civic Center 4/15/02
Police & Fire Furniture 4/30/02
Police Vehicle 5/28/02
Police Vehicles 9/6/01
Radio Antenna System 8/28/01
Remove & Replace Carpet 4/15/02
Riding Mower 7/31/01
Sodium Bisulfite 2/11/02
Sodium Hydroxide 1/.8/02
Surplus Caterpillar Equipment 5/30/02
Thermo Plastic Alkyd 8/16/01
Transformers E-22588 8/9/01
Transformers E-23252 4/18/02
Tree Trimming E-22594 9/12/01
Two -Axle Truck E-23326 8/27/01
Two -Axle Truck Cab & Chassis E-23322 8/16/01
Ukiah Riverside Park Fencing 2/25/02
Wastewater Treatment Plant Improvement Project 5/31/02
RFP Water Treatment Plant 3/1/02
Instructions:
1. Please type or print legibly
2. Place 3 copies inside Tote Box on top of records (one copy will be returned to you indicating the Location and Box number)
r1ecuru5: riffle ntlorl
ITEM NO. 6e
DATE: SEPTEMBER 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM ARVAGENE
RABANO, AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD
EMPIRE MUNICIPAL INSURANCE FUND
The claim from Arvagene Rabano was received by the City of Ukiah on July 28, 2004
and alleges damages due to a trip and fall on North State Street on July 12, 2004.
Pursuant to City policy, it is recommended the City Council reject the claim as stated
and refer it to the Redwood Empire Municipal Insurance Fund (REMIF).
RECOMMENDED ACTION: Reject Claim For Damages Received From Arvagene Rabano
And Refer It To The Joint Powers Authority, Redwood Empire
Municipal Insurance Fund.
ALTERNATIVE COUNCIL POLICY OPTIONS:
Alternative action not advised by the City's Risk Manager.
Citizen Advised: Yes
Requested by: Claimant
Prepared by: Michael F. Harris, Risk Manager/Budget Officer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Claim of Arvagene Rabano, pages 1-3.
APPROVE
Candace Horsley, City Ma ager
mfh:asrcc04
0901CLAIM
File With:
City Clerk's Office
City of Ukiah
300 Seminary Ave
Ukiah, CA 95482
CLAIM FOR MONEY OR
DAMAGES AGAINST
THE CITY OF UKIAH
=0R FILING STAMP
J U L2 8 2004
`tel
CITY OF UKIAH
CITY CLERK'c
A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall show the following:
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s)
being answered.
1. Name and address of the Claimant: A#ClChMW*
2. Address to which the person presenting the claim desires notices to be sent:
Name of Addressee, -�' t Telephone: ' Q —
Address:
3
4.
The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence: Time of Occurrence:
Location:
Circumstance gi rise to this claim:
General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at
the time of the presentation of the claim.
5. The e or names of the public employee or employees causing the injury, damage, or loss, if known.
L -e --A 6� A -2k -
Page 1 of 3
a
B. If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars .
($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury,
damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of
computation of the amount claimed.
Amount Claimed and basis for computation: '1- A�;;;�o j4
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86.)
F-1 Limited Civil Case Unlimited Civil Case
You are required to provide the information requested above in order to comply with Government Code
5910.
7. Claimant(s) Social Security Number(s): (optional)
10.
11.
Claimant(s) Date(s) of Birth:
Name, address and telephone number of any witnesses to the occurrence -,or transaction which gave rise to the
If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of arw doctors or hosoitals orovidina treatments -,-I
If applicable, phase attach any medical bills or reports or similar documents supporting your claim.
If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:17
Claimant's Veh. Lic. No.: bl", ' Vehicle Make/Year:
Claimant's Drivers Lic. No.. Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 3
ITEM NO: 6f
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF CONTRACT WITH WAGNER AND BONSIGNORE FOR
ENGINEERING SERVICES IN CONNECTION WITH THE ENVIRONMENTAL
DOCUMENTATION TO SUPPORT THE CITY WATER RIGHT PETITIONS IN
THE AMOUNT OF $30,000
The City of Ukiah intends to prepare an environmental document to support water right
petitions filed with the State Water Resources Control Board (SWRCB). This work will be
accomplished on behalf of the City of Ukiah and Millview County Water District. Wagner and
Bonsignore (Consulting Civil Engineers) will assist the City with hydrology studies, water right
petition processing, and help coordinate environmental documentation pursuant to the
requirements of the California Environmental Quality Act. Wagner and Bonsignore has
provided consultant assistance to the City relative to this issue, has met with National Oceanic
and Atmospheric Administration (NOAA) Fisheries regarding their requirements for
environmental review of this project, and is very knowledgeable about the City's water rights.
The work under this agreement will be invoiced to the City who will be entering into a separate
agreement with Millview County Water District for sharing these costs and others associated
with the environmental document. Millview has agreed to share 50% of all costs and to have
the City take the lead role in managing the environmental document procedures with Wagner
& Bonsignore. The City will pay all invoices associated with this project and then invoice
Millview for their shared expenses. Funds have been budgeted for this expense in account
820.3901.250.000.
RECOMMENDED ACTION: Award Contract To Wagner & Bonsignore For The Engineering
Services Related To Environmental Documentation For Water Rights Petition In The Amount
Of $30,000 (1/2 Or $15,000 To Be Paid By Millview).
ALTERNATIVE COUNCIL POLICY OPTIONS: Discuss And Provide Alternate Direction To
Staff.
Citizens Advised: N/A
Requested by: Bernie Ziemianek, Public utilities Director
Prepared by: Bernie Ziemianek, Public utilities Director
Coordinated with: Candace Horsley, City Manager
Attachments: Agreement with Wagner & Bonsignore
Approved: 'L' �-
Candace Horsley, CitA Manager
Attachment #
AGREEMENT BETWEEN CLIENT AND CONSULTANT
This Agreement is entered into in Ukiah, California, by and between:
CLIENT: City of Ukiah CONSULTANT: Wagner & Bonsignore
Consulting Civil Engineers
A Corporation
Name: c/o Mr. Bernie Ziemianek,
Director of Public Utilities
Address: 300 Seminary Avenue Address: 444 North Third St., Ste. 325
Ukiah, CA 95482-5400 Sacramento, CA 95814-0228
Phone: (707) 463-6295 Phone: (916) 441-6850
FAX: (707) 463-6740 FAX (916) 448-3866
CLIENT AND CONSULTANT AGREE AS FOLLOWS:
Client intends to:
City of Ukiah intends to prepare an environmental document to support water right petitions
filed with the State Water Resources Control Board (SWRCB) on behalf of City of Ukiah
and Millview County Water District.
hereinafter called 'project. "
A. Consultant agrees to perform the following scope of services:
Assist City of Ukiah with hydrology studies, water right petition processing, and help
coordinate environmental documentation pursuant to the requirements of the
California Environmental Quality Act in connection with the above.
B. Client agrees to compensate Consultant for such services as follows:
Consultant's estimated fees for services in this matter to be approximately $30,000,
to be paid monthly on a time and materials basis in accordance with attached fee
schedule. Fee schedule is subject to revision from time to time. Client agrees that
the ongoing nature of these services may require expenditure of additional funds for
services exceeding $30,000 however no expenditures will be made in excess of
$30,000 without written consent from client.
C. This Agreement is subject to Provisions 1 through 20 contained herein, and the terms and
conditions contained in exhibits attached hereto and made apart hereof.
Client and Consultant agree that the following provisions shall be part of their Agreement:
1. Client agrees to compensate Consultant in accordance with Consultant's standard fee schedule (attached). Consultant
will submit monthly invoices, which are due and payable within 30 days of the date of the invoice. Client acknowledges
that if the project services are suspended and restarted, there may be additional charges due to suspension of the services,
which shall be paid for by Client as extra services.
2. Consultant shall work at the discretion of Client and shall cease all work at Client's direction. Client agrees to
compensate Consultant for all costs and fees incurred up to the time Consultant is directed to cease work.
3. Consultant shall not proceed on any item of work outside the scope of services description within this Agreement
unless Consultant obtains written approval from Client for such additional services.
4. Consultant hereby acknowledges and agrees that all original papers, documents, designs, plans, specifications,
drawings and other work product of Consultant (collectively, the "Documents"), and copies thereof, produced by
Consultant pursuant to this Agreement shall become the property of Client and may be used by Client or Consultant for
any purpose. Client shall own all common law, statutory, and other reserved rights including, but not limited to the
copyright.
5. Consultant shall only act as an advisor to the Client in all governmental relations.
6. Consultant makes no warranty, either expressed or implied, as to its findings, recommendations, plans, specifications,
or professional advise except that the services or work product were performed pursuant to generally accepted standards
of practice in effect at the time of performance.
7. Consultant is providing services under the following engineering licenses:
Nicholas F. Bonsignore California C39422
Robert C. Wagner California C52903
8. This agreement may be terminated at any time by either party upon verbal notice, followed by written notice delivered
by certified mail within 72 hours of verbal notice.
9. Severability: The client and Consultant have entered into this Agreement of their own free will, to communicate to
one another mutual understandings and responsibilities. Any element of this Agreement later held to violate a law or
regulation shall be deemed void, and all remaining provisions shall continue in force. The waiver by Consultant or Client
of any term, condition, covenant in the Agreement, or any breach thereof, shall not constitute the waiver of any other
term, condition or covenant or breach thereof.
10. Information Provided by Others: Consultant shall indicate to the Client the information required to render services
hereunder. The Client shall provide such information to Consultant and Consultant shall be entitled to rely upon the
accuracy and completeness thereof, unless otherwise indicated by Client in writing when such information is furnished to
Consultant. Consultant shall not be responsible for the accuracy, completeness and sufficiency of such information,
unless the parties agree otherwise in writing when the information is provided.
11. Changed conditions: Consultant has the right to call for renegotiation of this Agreement in the event of occurrences
or discoveries that were not originally contemplated by or known to Consultant. The Client has the duty to inform
Consultant of any changed conditions of which the Client has become aware. Consultant shall identify the changed
conditions necessitating renegotiation, and Consultant and the Client shall promptly and in good faith enter into
renegotiation of this Agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to
terminate this Agreement.
12. Right to Retain Subconsultants: Consultant may use the services of subconsultants when such sub -consultants and
their fees are approved in advance in writing by Client. Such persons and entities include, but are not limited to,
surveyors, specialized consultants and testing laboratories.
2
13. Public Responsibility: Should the Client be advised by Consultant as to the presence of a risk to public health and
safety or the noncompliance with applicable codes, standards, regulations or ordinances, and should the Client then
decide to disregard Consultant's recommendations with respect to these items, the Client then agrees Consultant has the
right to employ its best judgment in deciding whether or not to notify public officials or take other appropriate action.
14. Consultant's opinions of probable Construction Cost are to be made on the basis of Consultant's experience and
qualifications and represent Consultant's best judgment as an experienced and qualified professional generally familiar
with the industry. However, since Consultant has no control over the cost of labor, materials, equipment, or services
furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market
conditions, Consultant cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from
opinions of probable Construction Cost prepared by Consultant.
15. Without limiting Consultant's obligations arising under Paragraph 16, Consultant shall not begin work under this
Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to
persons or damages to property, which may arise from or in connection with its performance under this Agreement.
A. Minimum Scone of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO") Commercial General Liability Coverage Form No. CG 00 01 11 85.
2. ISO Form No. CA 000 1 (Ed. 1/78) covering Automobile Liability, Code I "any auto" or Code 8, 9 if no
owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State of California and
Employers Liability Insurance.
4. Professional Liability Insurance covering damages which may result from errors, omissions, or acts of
professional negligence by Consultant.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is
used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the
aggregate limit shall be twice the prescribed per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor
Code of the State of California and Employers Liability limits of $1,000,000 per accident.
4. Professional Liabili _ Coverage: $500,000 combined single limit per claim. If the coverage is an aggregate
limit, the aggregate limit must apply separately to the work performed under this Agreement, or the
aggregate limit shall be twice the per occurrence limit.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the
City, its officers, officials, and employees; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses. Notwithstanding the foregoing, it
is agreed that Consultant's professional liability policy may include a deductible up to $200,000.
3
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coveraizes
a. The City, it officers, officials, and employees are to be covered as additional insureds as respects;
liability arising out of activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special
limitations on the scope -of -protection afforded to the City, its officers, officials, or employees.
b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers,
officials, and employees. Any insurance or self-insurance maintained by the City, its officers,
officials, or employees shall be excess of the Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to
the City, its officers, officials, or employees.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, and
employees for losses arising from Consultant's performance of the work, pursuant to this Agreement.
3. Professional Liability Coverage
If written on a claims -made basis, the retroactive date shall be the effective date of this Agreement.
4. All Coverages
With the exception of Professional Liability Insurance, each Insurance policy required by this clause
shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days
prior written notice by first class mail, postage prepaid, has been given to the City. With respect to
Professional Liability, Consultant shall give the City thirty (30) days prior written notice by certified
mail, if such coverage is to be suspended, voided, and reduced in coverage or in limits.
Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than B+, Class 10 or better and who
are admitted insurers in the State of California.
6. Verification of Coverage
Consultant shall furnish the City with certificates of Insurance and with original endorsements effecting
coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers'
Compensation -related forms couldn't be used; equivalent forms approved by the Insurance
Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved
by the City before Consultant begins the work of this Agreement. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide
the coverage required herein, the City shall have the right, but not the obligation, to purchase any or all
of them. In that event, the cost of insurance becomes part of the compensation due the contractor after
notice to Consultant that City has paid the premium.
4
ITEM NO. 6e
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: AWARD OF CONTRACT TO SAFETY STRIPING SERVICE, INC. FOR
STREET STRIPING 2004, SPECIFICATION NUMBER 04-09 IN THE AMOUNT OF
$18,071.02
SUMMARY: The City distributed specifications to nine builder's exchanges and 11
contractors for the annual street striping contract. The City publicly advertised this project
on August 11, 2004 and August 18, 2004 in the Ukiah Daily Journal. Four sealed
proposals were received and opened by the City Clerk on August 25, 2004. The lowest
responsive, responsible bidder is Safety Striping Service, Inc. of Goshen, California with a
total bid of $18,071.02. The Engineer's Estimate for the project is $24,130.75. The City
budget is $30,000 for this project.
If the bid is awarded, compensation for the performance of the work will be based on unit
prices bid for contract item quantities actually installed. Bid totals are based on unit prices
bid for contract items at estimated quantities, and therefore, the actual total paid to the
contractor may be lower or higher than the bid total indicated.
As with construction projects there may be cost overruns by reason of unforeseen work or
because actual quantities installed exceed estimated quantities. Policy Resolution No. 13,
authorizes the responsible Department Head with approval of the City Manager to issue
change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is
greater provided that no change, when added to the original contract sum, exceeds the
amount budgeted for the project.
RECOMMENDED ACTION: Award the contract for Street Striping 2004, Specification No.
04-09, to Safety Striping Service, Inc. in the amount of $18,071.02.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject all bids and direct staff to
readvertise for bids. 2. Determine street striping for public safety of City maintained
streets is not necessary and provide direction to staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Diana Steele, Director of Public Works/City Engineerov
Rick Seanor, Deputy Director of Public Works R
Candace Horsley, City Manager
Diana Steele, Director of Public Works/City Engineer
1. Bid Tabulation
2. Bid Proposal from Safety Striping Service, Inc.
3. Fiscal Year 2004/2005 Budget Sheet
Candace Horsley, City Manager
AG-striping-2004.SUM
Anacnment # 1
N
Nj00�00
r-,
CD
00
O O
I
C,4,
It
r-
0
M
�
V
0
010
It
O
O
O
O,
C) �
0
Q
U
H
O
CD
M
�t
►� O
O
M
t�
o
CD
M
CO
p
O:
CO
OI
1�
N
Co' Co
V I O
CD Co
;ply
U
O
H
O
�I
N
6363
1
CD
EA
�
EA
L
63
00
to
O
M
63
LL
L
N
(V
CD �I; CD
co
N
CN
(D
co
N
i
, O
O
O
Ui
�I
�
� T-
M
N
M
r-
--
N
O
O�Oc
Z1
D
O
����������69�
O
o0
O
o
0
0
o
O
M
CD
CD
11
Q
v
O
0
LA
O': Lo
N (A
O
et
O
c)
N
C)
(D
o
O
O
q1t
O
LO
O
LO
O M
O LO
U
N
JI
<
T—
M
M
CD
I`1,
O N
CA
O
O
N
CRININ
M,
CD
—
CD
I-
M
CO ti
�
��
O
O
O
Nfl3
d'
M
�i�
e-
.-
r
o
MNLf)
N
LO
�
63
�
r
63I
(
LO
63 O
CL
0
U
63
69,'631
r
(7
63
� �
(n
—
CO
l O
L
U
_
��
�l17
(
O
O
O
�,v
O
�
O O
C
C
Z
O
O
971-7
O
63
Old
643.1
69
M
0
EA
M
0
v
0
0
N
0
N
0
r-
r-
LO O li
M MI
1
EA
EA
63
63
63
63
631 63
CD
IT
Iq
14t
'j
U
Lo
1 O
M
LCi
O
UiCA
CD
r-
O�
o0
CO
,-:
N
rl_
(D
M
0
j�
CO
LO
o
O
O
LO
O O�—'
O I 0-
Ln
LO
p
V
M
O
V.-
r-
M
N
0
r-
00
'T
O
ti
Oji
CO
M
ti
63
LO
MNi
O
j 63
'j
60
1 �
M
6-
N
(D
63
M
EA: EA
CA
aj
Z
CD
O
O
O
O
O
OD00
O
O,O
O
N
--
O
N
O
N00,0)
t-010
O
O'O
00
O
O
O
Ln
N
0'
O
M
O
li O
cM
I�
cn
N
O
U
6L
0
63
63
E45,163
63
EA
EA
6-
675
EA
63
EAI
63
i !
la,
i
`R
CD
O
r-
CO
N
CO
CO
I o
O
O
O�-O
I � N
O
LO
co
rn
t`
�
N
co
(D
M
O
L
O; O
p
L O O
Z
Q
e--
M
CN
M
CD
LA
N
M
(D
O
CO!
6
M
O
to
M
v
LC)
L
,r--
U)
N
M
CD
Co
N
O!
CD�
co r, -
O
-17 p
CD
1
OA
4%O9NIa
S
6-
9
IN
631
co
LOpl
SII 0 0), N N L
p. SIN
C
i C
EA
EA
63
T
EA
Y �'Io!o Y M
a.I Z'ci U
COO
�,1C�
Io
v
v
rl-
r�
(D
r-
r-
r-
LO
of
o
o:
a.1Z1� �o�
a�
0000'7
7.79or7
o;
Lo
Ln
LL � cis T-
�', O1� Q,
��
z
0
o0o000000o
6963
EA
636363
ER
6363
EA
m1
63'I
CO
W
~
j
N1
MCN
Ce)
'IRT
CO
CO
v
O
Lo
(D
ti
O
(D
O
CD
N
O
CO
Oj
O
C)
O
O
O'
O
U')W
Il-
Wm "d C Z
V N 3Z
U
CL (Q W
H U)U
W C� Q
Q
J
O
�t
r'1
O
O
1�
I M
N
O
S
st
N
M
N
CA
CD
CD
o
00
CD
O
I-
M
CV
COj
V*
O
O
j Co
N
M
O
M
U
'Do
EA609�EAEA�EA6
EA
EA
a. C Q
C
iO
w
60
N
'L` mII
Iui
a
/�/� !
w
W
Z
jH
9
O�O�O
f\ 00
00
O
N
CO
TIN
i O
00
O
O
���
lot
t
O
O'I
O
O
O
J
Q
L.L
Wz
,Z
O
EA
O �o
63 63
O
EA
O
63
010
EA
160
O
EA
OO
EA
j 63
j
H
O
W
N
N
1
OI
i
—
a�
U
m
'15
ca
m E
Y
3 (`o
0 E
c!N
a)
_01�
o a`)
U c
ib"
o c
�°D
0
co
' I
�
LU
i
I
L
�
2
�'
O
a-
�
J
1 1
c
CD
c
cm
'�
L E
3
m
O
O Q
()
a)
}
�
�
J
J
CO)jQ
ami
(5.2:
.
,C
O
Y 0
O
'�
O
j a)
a)
a
O CU
Cl >
a)
CL —
a)
L —
mmC/o)
co0HmmzH
n.�_�'1-
—LL
LL
U- LL
LL
LL
LL!
LL
LL
LL
Q
i
Q
Q
ZI
J
JIJjJ
J
J
J
JIJ
J
w
W
W
II
�
O
CO
04
CN
�
co
ZI
�I
t
CO
(DICO
;
�I�
0)
M
N
c
LIM
O
�
cool
CO
0
N
CY
co
O
I
!
Z
�-IN
MI�t
CA
CD
IlICo'a)
OI
N MIuj
N
Att+act�ms 2
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
STREET STRIPING 2004
Specification No. 04-09
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents
herein contained, that this proposal is made without collusion with any other person, firm or corporation and that
all laws and ordinances relating to the interest of public officers in this contract have been complied with in every
respect.
AND he or she proposes and agrees, if this proposal is accepted,
d) to pay all charges of freight transportation and hauling;
2) that he or she indemnifies the City against any loss or damage arising from any act of the
undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
Street Striping -2004 25 Spec. No. 04-09
1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the
copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction;
b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever
nature necessary to complete the job in conformity with the specifications and drawings and
other contract provisions herein or reasonably implied hereby or as necessary to complete the
work in the manner and within the time named herein and according to the requirements and
to the reasonable satisfaction of the City Engineer;
d) to pay all charges of freight transportation and hauling;
2) that he or she indemnifies the City against any loss or damage arising from any act of the
undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
Street Striping -2004 25 Spec. No. 04-09
BIDDING SCHEDULE
In case of discrenanry hPfevPPn wnrric arm firmrac tha ui^rrJc
ITEM NO.
QUANTITY
DESCRIPTION AND UNIT PRICE BID
EXTENDED AMOUNT FOR ITEM
(in words and in figures)
(in figures)
Broken White 4" Painted Traffic Stripe for the price
1
5,776 LF
Per linear foot of four cents
$ 231-04
-($-0-4-)
Broken Yellow 4" Painted Traffic Stripe for the price
per linear foot of four cents
2
86,589 LF
$.,..3 463.56
($ .04 )
Solid White 4" Painted Traffic Stripe for the price per
linear foot of seven cents
$ 325.36
3
4,648 LF
($ .07 )
Solid Yellow 4" Painted Traffic Stripe for the price per
linear foot of seven cents
$ 896.91
4
12,813 LF
($ .07 )
Solid White 8" Painted Traffic Stripe for the price per
linear foot of eleven cents
5
3,998 LF
$ 439.78
($
Double Yellow Painted Traffic Stripe for the price per
linear foot of sixteen cents
6
29,067 LF
$ 4,650.72
($ .16 )
Two Way Left Turn Lane (yellow) Painted Traffic
Stripe for the price per linear foot of
7
5,848
eleven cents
$ 643.28
($ .11 )
Bike Lane 4" White Painted Traffic Stripe for the price
per linear foot of seven cents
$ 2,455-88
8
35,084 LF
($ .07 )
Bike Lane 6" White Painted Traffic Stripe for the price
per linear foot of seven cents
$ 3,357.69
9
47,967 LF
($ .07 )
Yellow No Passing Zone 4 -inch Painted Traffic Stripe
for the price per linear foot of
10
882 LF
- fi -P f-PPn nPn s
132.30
$
($ .15 )
Type A, white non -reflective pavement markers for
the price per each of
11
262 EA
three dollars and
$ 786.00
no cents )
($ - 3.00
Sper ,No. 04-09
W
Street Striping -2004
Type G, one-way clear reflective pavement markers
for the price per each of
12 45 EA - four doll ars anr7 f; f+y 202.70
cents (s-4.50 )
Type D, two-way yellow reflective pavement markers
for theipourpd.ol�ar°s and fifty
13 108 EA $ 486.00
cents ($ 4.50 )
TOTAL BASE BID AMOUNT --+
Total bid amount in words:
$ 182071.02
EIGHTEEN THOUSAND SEVENTY-ONE AND 02/100 DOLLARS
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids or to select
the base bid plus any additive bid item or combination of additive bid items and to determine which proposal is, in
its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the
City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and
to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written
notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be
understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and
the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and
become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned
to the undersigned.
Witness our hands this day of August 20
, 20 04 .
Licensed in accordance with an act providing for the registration of California Contractors License No.
308669 , expiration date 5/31/06
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER
PENALTY OF PERJURY.
Signature of bidder or bidders, with business address, phone number and fax number:
SAFETY STRIPING SERVICE, INC, P.O. Box 1020, Goshen, CA 93227 Phone: (559) 651-1022
By; ���n Fax: (559) 651-1118
Louisa Preston, V.P./Corporate Secretary
w vvii, 1 2-Gw71.UCl1 V
Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and
addresses of the President, Secretary, Treasurer.
SAFETY STRIPING SERVICE, Inc., P.O. Box 1020, Goshen, CA 93227
President: David Preston, P.O. Box 1020, Goshen, CA 93227
Secy: Louisa Preston, ►► it it
Treasurer: Luigia Spitler, It if
Street Striping -2004
27
Spec. No. 04-09
ITEM NO. 6h
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: AWARD OF PROFESSIONAL CONSULTING SERVICES AGREEMENT ON A
TIME -AND -EXPENSE BASIS, TO RAU AND ASSOCIATES, INC., TO
CONDUCT SOIL COMPACTION TESTING AND CONCRETE TESTING
DURING CONSTRUCTION OF THE NEW WATER STORAGE TANKS
The geotechnical investigation for the Water Storage Expansion Project concluded that
earthquakes along active faults in the region could produce moderate to strong shaking at the
treatment plant and storage tank sites. A required mitigation measure for seismic ground
shaking is compaction testing of all fill material. In addition to soil compaction testing,
compression testing of each concrete mix used in construction of the tanks is also required.
Rau and Associates, Inc. (RAU) of Ukiah, has a long-standing history of performing soils and
concrete testing work for the City of Ukiah and the County of Mendocino. RAU has in-house
expertise necessary for performing all the professional and technical work, and therefore
would manage and coordinate the key resources directly. RAU is also a local firm, which will
facilitate timely coordination and communication with City staff. RAU has the resources to
begin the tasks immediately, which is necessary to maintain the aggressive construction
schedule.
In light of the immediate need to commence this work, and the specific experience and
expertise demonstrated by the prospective consultant, staff recommends award of a
Professional Consulting Services Agreement to Rau and Associates, Inc. on a time -and -
expense basis, to perform soil compaction testing and concrete compression testing for the
Water Storage Expansion Project. The estimate, prepared by Rau and Associates, Inc.
included here as Attachment 1, totals $26,780.
RECOMMENDED ACTION: Award professional consulting services agreement on a time -
and -expense basis, to Rau and Associates, Inc., to verify the in-place condition of the existing
foundation layer at the Ukiah Solid Waste Disposal Site.
ALTERNATIVE COUNCIL POLICY OPTIONS: Choose not to award a contract at this time,
and direct staff to solicit proposals from other firms.
Citizen Advised: N/A.
Requested by: Bernie Ziemianek, Director of Public Utilities
Prepared by: Ann Burck, Project Engineer/Manager
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Estimate prepared by Rau and Associates
APPROVED:' 1�
Candace Horsley, Cit Manager
AUG -25-2004 WED 03:20 PM RAU AND ASSOCIATES FAX NO. 7074632729 P. 01
GEORGE C- RAU, RE-
P19LIMM
JAVIER J. RAU
VIM PRESSE Ir
wALTER KAYDON, P.L.S.
"OUR VINCENT. P.E.
CATHY A. WKWN, RE-
=Attachn►ent # �
AND ASSOCIATES INC.
CIVIL ENGINEERS * LAND SURVEYORS
August 20, 2004
Ms. Ann Burke, Project Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482 Job Number 804184
RE: ESTIMATED COST FOR QUALITY CONTROL TESTING AT CITY OF UKIAH'S WATER
STORAGE TANK CONSTRUCTION PROJECT
Dear Ms. Burke:
At your request, I have summarized the estimated costs for the quality control testing at the referenced
project. This testing consists of compaction testing of earth fills under or adjacent to the tanks,
compaction testing of fill being disposed of from the large tanksite excavation near the golf course, and
compaction testing of base rock surfacing around the tanks and in various adjacent areas. There is
approximately 65,000 cubic yards of fill to be tested.
In addition to compaction testing, testing for slump of concrete and for concrete compressive strength is
also to be provided as the work progresses. There are approximately 2100 cubic yards of concrete, and I
have assumed that there will be about 30 site visits to test concrete for slump and to cast samples for
compressive strength testing.
A breakdown of my estimate is as follows:
A. Compaction Testing
1, Large tank site near golf course:
a. excess excavation fill — 22 trips @ $228 = $5,016
b. base rock and miscellaneous utilility trenches — 5 trips @ $228 = 1,140
2. Small tank site near golf course:
a. earth fill and base rock — 8 trips @ $228 = 1,824
3. Large tank site near Water Treatment Plant
a. sub -excavation and re -compaction - 24 trips ia $228 = 5,472
b. base rock and miscellaneous utility trenches — 3 Q $228 = 684
4. Laboratory Proctor Curves —10 @ $135 = 1,350
5. Weekly Reports 8 @ $180 _ 1_4Q
Subtotal, Compaction Testing $16,926
100 NORTH PINE STREET 0 P.o. BOX M 0 UrJAH, CALIFORNIA 06M * M -M-6556 * FAX 707-463.2729
ITEM NO: 8a
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF APPLICATION TO DEMOLISH A STRUCTURE OVER 50 YEARS OLD
LOCATED AT 1080 HELEN AVENUE
SUMMARY: The owner of the property located at 1080 Helen Avenue has applied for a Demolition
Permit to demolish a single-family residence on the site. The home was built in 1950, is in disrepair, and
the owner would like to demolish it and build a new single family residence. The structure is over 50
years old, and therefore, according to the Ukiah Municipal Code (UMC), the City Council must conduct a
public hearing to review and consider the historical and architectural significance of the structure.
On July 14, 2004, the City Demolition Permit Review Committee considered the application and Historical
Profile prepared by Judy Pruden, unanimously found that none of the criteria in UMC Section 3016(E)
(attachment 4) applied, and therefore the structure is not historically or architecturally significant.
Accordingly, Staff is recommending approval of the Demolition Permit.
Staff received correspondence from Attorney Joseph John Turri (Attachment 6), who represents
neighboring property owners Michael McNerlin and Chamise Cubbison. Apparently, drainage and storm
(continued on page 2)
RECOMMENDED ACTION: Approve the Demolition Permit for the structure located at 1080 Helen
Avenue based on the finding the structure does not have historical or architectural significance.
ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the Demolition Permit, and provide
processing direction to staff as to the structure's future disposition.
Citizen Advised: Noticed according to the requirements of the Ukiah Municipal Code
Requested by: Jacob Barnes, agent for property owner Mary Hiatt
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments:
1. Demolition Permit Application
2. Location Map
3. Historical Profile (Pruden)
4. Ukiah Municipal Code Section 3016
5. Demolition Permit Review Committee Minutes, Dated July 14, 2004
6. Correspondence received from Mr. Joseph John Turri
APPROVED:
Candace Horsley, City Man er
water run-off from the subject property has impacted their property in the past, and they filed a
complaint against the subject property owners in Superior Court last April. Mr. Turri requests that the
City Staff monitor the demolition of the residence and future development of the site to prevent future
drainage problems that would impact his client's property. Follow-up conversations with Ms. Cubbison
confirm her concern that the existing problem not be exacerbated from the demolition of the house and
the future redevelopment of the site.
The Building Inspector has indicated that the demolition of the residence will not in and of itself cause
any existing drainage problems to worsen. He will inspect and monitor the demolition process to ensure
that building debris is promptly removed or stored in an area that will not alter drainage patterns. If and
when future development is proposed, the plans will be evaluated to determine if earthmoving
operations are proposed, and if so, the property owner will be required to route drainage away from
neighboring property owners. These review and monitoring procedures are standard practice.
As a part of the current Demolition Permit review process, the City's discretion is limited to determining if
the structure has architectural or historical significance. The City cannot use this review process to
require the property owner to correct an existing drainage problem unrelated to the demolition of the
house.
RECOMMENDED ACTION: Approve the Demolition Permit for the structure located at 1080 Helen
Avenue based on the finding that the structure does not have historical or architectural significance.
2
J62 LOCATION: to g7o. APPLICATION NO. 1 A - Ua-_j5 (1-2
RECEIVED hY: ?!��a, DATE
PLEASE DO NOT WRITE ABOVE THIS LINE
---------TOBE COMPLETED. BY APPLICANT
FOR OFFICE
USE ONLY
VA� ASSESSOR PARCEL NO. USE OF BUILDING
$
Plan Check Fee Deposit
PERMIT
0 rD
Receipt
NUMBER0000'
OCCUPANCY
NO.ST.ORIE31
CONSTRUCTTYPE
BUILDING
#.
Plan Checker:
ADDRESS
W UL6(,hIP1 IUN UF
WORKi d L�,�-�
0 Struct. . El Energy
❑ BUILDING
APPROVED FOR ISSUANCE
M
El PLANICHECK
.BUILDING QnNI
r)V!NER _-4 6 -;1, -2 1
Planning
X
❑ S.M.I.R TAX
IF
MARING -XCITY
STATE ZIP
t) t+ CA_ 2—
DESIGNER
❑ TEMP ELECT
LICENSE NO. PHONE
NAME
By Date
FIELECTRICAL
MAILING
Engineering
CITY STATE ZIP
ADDRESS
MECHANICAL
.1-0I T R ACTOR PHONE•El
NAME
E� PLUMBING
MAILING CITY
STATE ZIP
By Date
ADDRESS
SURVEY.
Fire Dept
I HEREBY AFFIRM THAT I AM LICENSED
UNDER THE PROVISIONS OF CHAPTER 9 (COMMENCING WITH SECTION 7000) OF DIVISION
3 OF THE BUSINESS AND PROFESSIONS CODE, AND MY LICENSE IS IN FULL AND EFFECT.
LICENCE LICENSE
- - - - - -
CLASS NUMBER
By Date
- - - - - - -
X
I . DATE
- - - --- - -
Electrical❑
OWNER-IiU i L� IF rt DECLARATION I HiREBY AFFIRM THAT I AM EXEMPT FROM THE CONTRACTOR'S LICENSE LAW FOR THE FOLLOWING REASON (SEC.
, U 31 5
t3USINESS AND PROFESSIONS CODE - ANY CITY OR COUNTY WHICH REQUIRES A PERMIT TO CONSTRUCT, ALTER, IMPROVE. DEMOLISH. OR
REPAIR ANY STRUCTURE, PRIOR TO ITS ISSUANCE. ALSO REQUIRES THE APPLICANT FOR SUCH PERMIT TO FILE A SIGNED STATEMENT THAT HE IS LICENS-
-
F] NO
i(m) PURSUANT TO THE PROVISIONS OF THE CONTRACTOR'S LICENSE LAW. (CHAPTER 9 (COMMENCING WITH SECTION 7000) OF DIVISION 3 OF THE
SS AND PROFESSIONS CURE) OR THAT HE 15 EXEMPT THEREFROM AND THE BASIS FOR THE ALLEGED EXEMPTION ANY VIOLATION OF SECTION
ANY APPLICANT FORA PERMIT SUBJECTS
PLANS TOTAL$
Ej PLANS
THE APPLICANT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500).)-
By Date
APPROVED
I. AS OWNER OF THE PROPERTY. OR MY EMPLOYEES WITH WAGES AS THEIR SOLE COMPENSATION, WILL 00 THE WORK, AND
THE STRUCTURE 15 NOT INTENDED
Sewer & Wate
OR OFFERED FOR SALE (SEC 7044, BUSINESS AND PROFESSIONS CODE THE CONTRACTOR'S LICENSE LAW DOES NOT
APPLY TO AN OWNER OF PROPERTY WHO BUILDS OR .IMPROVES THEREON, AND WHO DOES SUCH WORK HIMSELF OR THROUGH HIS OWN
EMPLOYEES. PROVIDED THAT SUCH IMPROVEMENTS ARE NOT INTENDED OR OFFERED FOR SALE IF. HOWEVER. THE BUILDING OR IMPROVEMENT IS
SOLD WITHIN ONE YEAR OF COMPLETION, THE OWNER -BUILDER WILL HAVE THE BURDEN OF MOVING THAT HE DID NOT BUILD OR IMPROVE FOR THE
PURPOSE OF SALE I
0 1. AS OWNER OF THE PROPERTY, AM EXCLUSIVELY CONTRACTING WITH LICENSED CONTRACTORS TO CONSTRUCT THE
By Date
Health Dept.
SQ.FT
RATE
VALUE
PROJECT (SEC 7044, BUSINESS AND PROFESSIONS CODE THE CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER OF PROPERTY WHO
BUILDS OR IMPROVES THEREON.. AND WHO CONTRACTS FOR SUCH PROJECTS WITH A CONTRACTORS) LICENSED PURSUANT TO THE CONTRACTOR'S
FLOOR
LICEN'St LAW I
By Date
I AM EXEMPT UNDER SEC 8 &P C. FOR THIS REASON:
AREA
School Dist.
Certificate #
Business
SIGNATU DATE C)
License
DECLARATION I HEREBY AFFIRM THAT I HAVE A CERTIFICATE OF CONSENT TO SELF -INSURE, Vvijkniki COMPtNSAPON 011C
Bldg. Insp,
IllOR A CERTIFICATE INSURANCE OR A CERTIFIED COPY THEREOF. SEC 38M. (AS C)
clicy
NUMBFP COMPANY
'ii�iEb C_6Pv' 6
K I CERTIFIED COPY IS FILED WITH THE VERIFIED
❑ ❑
TOTAL
PROJECT COMPLETE
By DATE
HEREBY FURNISHED BUILDING INSPECTION DEPARTMENT B. 1. D.
By Date
N -SIGNATURE X DATE
CIENTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION 1N5Ux^Nr_a
I CERTIFY THAT IN
I
WHEN VALIDATED THIS IS YOUR PERMIT
This Permit expires by
THE PERFORMANCE OF THE WORK FOR WHICH THIS PERMIT IS ISSUED, I SHALL NOT EMPLOY ANY
pikSGN IN ANY MANNER 50 AS '10 BECOME SUBJECT TO THE WORKERS' COMPENSATION LAWS OF CALIFORNIA.
limitation if work authorized
is not commenced within 180
SIGNATUR DATE
days or is abandon"ed f6r
At-r0�.;ANE IF AFTER MAKING THIS CERTIFICATE OF EXEMPTION, YOU SHOULD BECOME SUBJECT TO THE WORKERS! COMPENSATION PRO,
VISIONS OF THE LABOR CODE, YOU MUST FORTHWITH COMPLY WITH SUCH PROVISIONS OR TH!S PEAMIT SHALL BE DEEMED REVOKED.
Date Issued:
180 days or more.
---------- i
� REfl Dom.
pppLAN CANYON
-
. c
= THOMAS
cn -
F2VA�ORY`AVE R
oBSE
. Ic
r i
.m
•m
\NIS Ll
WASHINGTON.AVE. _ H/
Z
NO.gAME G)
U z
`� C7
�?o p
I : C -
WABASH AVE.
LOCATION MAP
1080 Helen Avenue
Attachment # Z
M• E• M• 0• R• A• N• D•U*M
DATE: . July 14, 2004
TO: Charley Stump, Director of Planning
FROM: Judy Pruden, Chair
Demolition Permit Review Committee
RE: 1080 HELEN AVENUE — APPLICATION FOR DEMOLITION
This area of Helen Avenue was annexed into the City of Ukiah in 1955.
Beginning in the 1960s and through the 1970s, many homes were built on or
near Helen Avenue, creating a new subdivision neighborhood.
Prior to annexation, there were only a few structures in this area. Most of them
appeared to be seasonal cabins and very rustic in style.
Records indicate that John and Esther Wagner moved to Ukiah in 1937 and were
living on Helen Avenue in the 1940s. It is likely that the Wagners purchased one
of these cabins with at least eight acres.
John Wagner was a well-known contractor and replaced their first house in 1950,
which is the current structure at 1080 Helen Avenue. The 1955 phone book lists
the address as both residence and business office.
The tax records confirm an office on the first floor and living quarters on the
second. Mr. Wagner died in 1972 during his construction of the new Ukiah
library. Esther Wagner appears to have lived in the home at 1080 Helen Avenue
until about 1989.
The structure has been remodeled several times. The remodels have not
enhanced the house. Much of the 1950 style has been modified or removed
from the interior and exterior. The property is currently occupied and has
maintenance issues.
Although the Wagners were a well-known business family for 30 years, their
home is not a significant architectural property. It has limited salvage value.
Attachment # �_
l��d/a /'�6UG/tT1DNG�
3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE:
A. The section of the Uniform Building Code, relating to applications for building permits is
modified to require in an application to demolish a building, the date when the building was
first constructed, if known.
B. The section of the Uniform Building Code, relating to permit issuance, is modified to require
that, as to buildings constructed fifty (50) years or more prior to the date of application, the
Director of Planning or his/her designee shall determine whether:
1. The building is an accessory building such as, but not limited to, a garage, storage shed, or
carport, whether attached or detached to a main building; except that certain accessory
buildings, such as carriage houses, which are presumed to have historic or architectural
significance shall be subject to further review as provided in subsection D of this Section,
unless the building is subject to demolition under subsection B2 of this Section.
2. Immediate demolition of the building is necessary to protect the public health or safety
and the failure to immediately demolish the building would constitute a serious threat to the
public health or safety.
C. If subsection Bl or B2 of this Section applies to the building, no further review shall be
required under this Section and the permit shall be issued in accordance with the provisions
of the Uniform Building Code.
D. If the Planning Director finds that neither of the exceptions in subsection B 1 or B2 of this
Section applies to the building, the demolition permit shall be subject to further review in
accordance with this Section. The Planning Director shall transmit the proposal to the
Demolition Permit Review Committee, or other official reviewing body established by the
City Council, for review, comment, and a recommendation to the City Council. Once the
Demolition Permit Review Committee formulates a recommendation concerning the
disposition of the proposed demolition permit, the Planning Director shall schedule and duly
notice the matter for a public hearing and decision by the City Council. The public noticing
shall indicate the day, time, place, and purpose of the public hearing, and how additional
information about the subject matter can be obtained. The public noticing shall be
accomplished in the following manner:
1. Publication in a newspaper of general circulation in the City at least ten (10) days prior to
the hearing.
2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject
property, or his/her agent, and to the project applicant, if the applicant is not the owner.
3. First class mail notice to all owners (as shown on the latest available Mendocino County
Tax Assessor's equalized assessment roll) of property within three hundred feet (300') of the
(Dsubject property.
E.In reviewing proposed demolition permits, and formulating recommendations to the City
Attachment #.-A-)
Council, the Demolition Permit Review Committee shall consider any information provided
during the meeting, and shall use the following criteria. The structure:
1. Has a special or particular quality such as oldest, best example, largest, or last surviving
example of its kind; or
2. Exemplifies or reflects special elements of the City's cultural, social, economic, political,
aesthetic, or architectural history; or
3. Is strongly identified with persons or events significant in local, State, or national history.
F. If the Demolition Permit Review Committee finds that any of the criteria listed in subsection
E of this Section apply to the building proposed for demolition, it shall recommend denial of
the demolition permit to the City.
G. 1. The City Council shall conduct a public hearing pursuant to subsection D of this Section
to consider the recommendation of the Demolition Permit Review Committee, and to
determine if any of the criteria listed in subsection E of this Section apply to the building
proposed for demolition. If the City Council determines that any one of the criteria apply, it
shall make a corresponding finding to that effect.
2. At the hearing, the applicant shall have the opportunity to present evidence that a viable
market does not exist for the building, taking into account the condition of the building, the
probable cost to put the building into marketable condition, and the uses of the property
allowed under existing or probable future zoning regulations. The City Council shall
consider such evidence offered by the applicant and any other information presented at the
meeting by any interested party or by staff, to determine whether or not a viable market
exists. "Viable market" means that it is reasonably likely that the building could be sold
within a commercially reasonable period of time for more than the seller would be required
to invest in the purchase of the property and preparing the property for sale, or that the
property could produce a reasonable return on the amount of money it would take to
purchase the property and prepare the building for income producing purposes. "Reasonable
return" means the average rate of return on real estate investments in the Ukiah Valley.
3. If the City Council determines that a viable market exists:
a. It shall so notify the Building Official who shall not issue the demolition permit. The
City Council shall determine whether a viable market exists based on substantial evidence
presented at the hearing, or, it may assume that a viable market exists, if the applicant
fails to present substantial evidence that a viable market does not exist;
b. Not more than once within any twelve (12) month period, the applicant may submit a
new application for a demolition permit and the City Council may reconsider whether a
viable market exists:
(1) Upon a showing by the applicant that market conditions have changed; or
(2) Based upon new information that in the exercise of reasonable diligence the
Attachment # 4-- X-
_
applicant could not have produced at the first hearing.
4. If the City Council determines, based on substantial evidence, that a viable market does
not exist, the issuance of the demolition permit shall be stayed for a period of ninety (90)
days.
a. During that ninety (90) day period, the City shall do the following:
(1) Determine whether other alternatives to demolition exist, which are acceptable to
the applicant, that would preserve the historic, architectural or cultural significance of
the building;
(2) Determine whether funds are available from any private source for the acquisition
and preservation of the building through a negotiated purchase on terms acceptable to
the applicant; or
(3) If sufficient funds are available from any private source and a negotiated purchase
is not possible, determine whether to acquire the building through eminent domain.
b. If within the ninety (90) days, the City does not reach agreement with the applicant or
commence acquisition of the building, the Building Official may issue the permit in
accordance with the provisions of the Uniform Building Code.
c. If within the ninety (90) day period, the City either: 1) reaches agreement with the
applicant or 2) commences acquisition of the building, the Building Official shall not
issue the demolition permit.
d. However, the Building Official shall continue to process the application for a
demolition permit in accordance with the Uniform Building Code, if the City and the
applicant terminate their agreement or the City fails to diligently pursue or abandons
acquisition of the building. -
e. The City Manager or his/her designee shall inform the Building Official whenever the
City and the applicant terminate their agreement or the City fails to diligently pursue or
abandons acquisition of the building.
f. If the Building Official has issued a demolition permit under this subsection and the
permittee applies to extend the permit an additional one hundred eighty (18 0) days in
accordance with the applicable provisions of the Uniform Building Cocle Then in effect,
the Building Official shall refer the application to the City Manager for an initial
determination as to whether market conditions have changed. The City Manager shall
make the determination within ten (10) days after the application is referred by the
Building Official. If the City Manager determines that market conditions may have
changed and that a viable market may exist for the property, he or she shall schedule the
matter for a hearing before the City Council to be noticed and conducted in accordance
with subsections D and G of this Section. However, at the hearing the City shall have the
burden of proving by a preponderance of the evidence that market conditions have
changed and a viable market exists. If the City Manager determines that market
Attachment #�
conditions have not changed, he or she shall so notify the Building Official and the
applicant. Upon such notification, the Building Official shall further process the
application to extend the term of the demolition permit in accordance with the
requirements of the Uniform Building Code then in effect. If the City Council conducts a
hearing upon referral by the City Manager, the City Clerk shall provide written
notification to the Building Official and the applicant of the City Council decision. If the
City Council decides that a viable market exists, the Building Official shall not issue the
permit, but the provisions of subsection Gab of this Section shall apply. If the City
Council decides that a viable market does not exist, the Building Official immediately
shall proceed to further process the application in accordance with the applicable
provisions of the Uniform Building Code then in effect.
5. "Diligently pursue acquisition" means taking all steps within the time required by law to
acquire the building by eminent domain.
6. References to "applicant" herein shall include the building owner.
H. The Planning Director shall provide a written notice of the City Council determination to the
applicant. The written notification shall be mailed or hand delivered within five (5) days
from the date of the City Council's decision. The notice shall include the finding(s) and
decision made by the City Council and a copy of this Section.
I. The applicant for a demolition permit for a building determined to have historic,
architectural or cultural significance shall salvage the building materials for reuse to the
maximum extent feasible, and shall ensure that upon completion of the demolition, the site
is left in a safe, presentable, and clutter free condition.
J. Reconsideration Of Decisions:
1. Grounds For Reconsideration: The City Council may reconsider a decision under this
Section within sixty (60) calendar days from the date the decision was made, if information
that may have materially affected the decision was: a) misrepresented by the applicant, or b)
not disclosed by the applicant, if the applicant knew or should have known that the
information may have affected the City Council decision. "Information" as used herein
means matters of fact or law.
A decision may not be reconsidered, if all three (3) of the following have occurred. The
demolition permit: a) has been issued, b) did not at the time it was issued violate any
provision of the Uniform Building Code, as adopted by the City, or any other City ordinance
or State or Federal law, and c) the. permittee has commenced demolition in good faith
reliance on the permit.
2. Procedure On Reconsideration: Reconsideration of a decision under this Section may be
placed on the agenda for a regular City Council meeting by any member of the City Council
who voted in favor of the original decision. Notice of any meeting where reconsideration is
on the agenda shall be provided in accordance with subsection D- of this Section. If already
issued, the permit shall be suspended from the date that an eligible City Council member
Attachment #
requests that the matter be placed on the agenda and until the City Council makes a final
decision upon reconsideration. The Building Official shall notify the applicant in writing of
the permit suspension. At the meeting, the City Council shall determine, based on evidence
provided to the City prior to or during the meeting, whether reconsideration is permitted
under subsection JI of this Section. Any motion to reconsider the decision shall contain
findings supported by substantial evidence. If upon reconsideration the City Council makes a
different decision, the City Clerk shall provide notice of that decision to the Building
Official and the applicant/permittee within five (5) working days after the decision is made.
If, upon reconsideration, the City Council determines that a building has historic,
architectural, or cultural significance, and the Building Official has issued a demolition
permit based on the previous decision, the Building Official shall revoke the permit. If the
previously issued permit has expired, the Building Official shall deny an application for a
new permit, unless the permit is issued in accordance with subsection G4 of this Section.
(Ord. 838, §1, adopted 1984; Ord. 927, §1, adopted 1992; Ord. 1014, §1, adopted 1998)
Attachment # '7 -7
Do F� -7
DEMOLITION PERMIT REVIEW
COMMITTEE MEETING
July 15, 2004
MEMBERS PRESENT
Judy Pruden, Chair
William French
Carl Tuliback
Dave Lohse
Tim Eriksen
Cathy Elawadly, Recording Secretary
MEMBERS ABSENT
Charley Stump
Diana. Steele
OTHERS PRESENT
None
The regular meeting of the City of Ukiah Demolition Review was called to order
by Chair Pruden at 2:00 p.m. in the Conference Room 1, 300 Seminary Avenue
Ukiah, California. Roll was taken with the results listed above. '
3. APPROVAL OF MINUTES: May 26, 2004
Chair Pruden recommended 2:00 a.m. be changed to 2:00 p.m.
ON A MOTION by Member French, seconded by Member Tuliback, it was
carried by an all AYE voice vote of the members present to approve the May 26,
2004 minutes, as amended.
Abstain: Dave Lohse and Tim Eriksen
4. COMMENTS FROM AUDIENCE ON NON -AGENDA ITEMS
No one from the audience was present.
5. APPEAL PROCESS
Chair Pruden read the appeal process to the audience. For matters heard at this
meeting, the final appeal date is June 7, 2004.
6. DEMOLITION PERMIT REVIEW AND RECOMMENDATIONS
A. Demolition of building at 1080 Helen Avenue. Assessors
Parcel No. 003-110-80, Jacob Barnes.
Chair Pruden referenced her Memorandum dated July 14, 2004, and provided a
brief history of the property and the Wagner family, who once lived in the house.
Attachment # ��/
Demolition Permit Review
July 15, 2004 Page 1
Chair Pruden noted the dwelling has been remodeled several times with much
of the 1950 style removed from the interior and exterior. The property is currently
occupied and has significant maintenance issues. The property includes an
underground garage. She was unsure whether the small dwelling located above
the house is part of the property.
Dave Lohse confirmed the small dwelling is part of the property. This dwelling is
not part of the demolition review hearing.
Chair Pruden stated that while the Wagners were a well-known family in the
community, their home at 1080 Helen Avenue is not a significant architectural
property. It has limited salvage value.
ON A MOTION by Member French, seconded by Member Lohse, it was carried
by an all AYE voice vote of the members present to recommend to the City
Council approval for the demolition of the building located at 1080 Helen Avenue,
based on the grounds the structure does not meet the three criterion contained in
Section 6031e of the Ukiah Municipal Code, thus alluding that the building has no
significant architectural, cultural, or historical merit.
8. ADJOURNMENT
There being no further business the meeting adjourned at 2:41 p.m.
Judy Pruden, Chairman
Cathy Elawadly, Recording Secretary
Attachment #
Demolition Permit Review Page 2
July 15, 2004
In late December 2003, Mr. Stephen Woodbury, the owner of this property, submitted Rezone
Application No. 03-56 to add the PD Combining designation to the existing R-2 zoning, with the
intent of establishing each existing apartment as an individually -owned townhouse unit. In this
case, the proposed townhouses would be on narrow lots with 1,391 to 1,527 square feet of area,
and would conflict with R-2 development standards for minimum lot size, lot width, and yard
areas. Therefore, the approval of the PD Combining Zone designation is necessary to establish
more flexible development standards that will allow the establishment of the lot dimensions
shown on the Development Plan included in Attachment 2.
The Ukiah Planning Commission conducted a public hearing regarding Rezone No. 03-56 on
June 23, 2004, and after discussion, voted 4-0 to recommend that the Ukiah City Council
approve both the Negative Declaration prepared for the project and the rezone to R-2 PD
zoning. The Commission's action is based on the five Findings included in the staff report
prepared for the Commission hearing (see Attachment 2).
As noted earlier, the proposed conversion from rental apartments to individually -owned
townhouses also includes a concurrent application for a Major Subdivision Map (No. 03-57) to
physically divide the site. The City Engineer has reviewed this map for consistency with the
provisions of the Ukiah Subdivision Ordinance and the California Subdivision Map Act, and on
August 11 of this year, the Planning Commission voted 4-0 to recommend that the City Council
approve the division. However, the approval of the proposed rezoning ordinance will first be
required and Major Subdivision Map No. 03-57 will be considered in a public hearing before the
City Council after the final Council action to approve the rezone.
CONCLUSIONS: The proposed Rezone will provide the subject property with a unique set of
development standards that are required to allow its subsequent division into individually -owned
townhouse units. This conversion was reviewed carefully by City staff and the Ukiah Planning
Commission, and the recommendation for the project approval is based on its consistency with
the Ukiah General Plan goals and policies for medium density housing, the applicable use and
development standards of the R-2 Zoning District, and the PD Combining Zone requirements for
the provision of a Precise Development Plan. The proposed recommendation is also based on
the fact that the proposed conversion will cause few changes to the existing development on the
site or in the surrounding neighborhood since there will be no expansion in the number or design
of the existing structures or grounds, and no increase in the number of housing units.
A slight decline in the number of rental units available in Ukiah will result from this project, but
Planning Department staff reviewed counts of multiple -family units in City limits and concluded
this decrease will not have a substantial adverse effect on the overall housing market. In fact, it is
anticipated the proposed townhouses will fill a housing ownership gap since the last time
townhouse or condominium units were constructed was approximately 15 years ago. In fact, it is
anticipated that a substantial number of these units will be purchased by homeowners looking for
lower maintenance residences, which will allow them to sell these homes or convert them to rental
stock. It also provides persons who can not or choose not to buy a single family home with an
opportunity to buy a smaller, more affordable residential unit.
Rezone No. 03-56: Woodbury 2
DRAFT COPY ATTACHMENT-/.
ORDINANCE NO. ,
AN ORIDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA
The City Council of City of Ukiah does hereby ordain as follows:
SECTION ONE
Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the
Official Zoning Map for the City of Ukiah is amended to change the zoning on a 2.99 -acre
property at 541-571 South Main Street (Assessor Parcel Number 002-302-55) in the City of
Ukiah from the R-2 (Medium Density Residential) Zoning District to the R-2 P -D (Medium
Density Residential -Planned Development) Combining Zoning District.
SECTION TWO
This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is
necessary to establish more flexible development standards for lot size, lot width, and yard
areas, which will allow the 38 apartment units located at the existing Main Street Gardens
apartment complex to be converted into individually -owned townhouses.
SECTION THREE
This ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Ukiah.
SECTION FOUR
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on September 1, 2004 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Marie Ulvila, City Clerk
, 2004, by the following vote:
Eric Larson, Mayor
Affochrrmt # i - i
T')---.-- AT., 111 GL. ATT_ ,.JL__ n
m n �1c E 5 0046 3'• E
Z �,n 21tS 55 .3 C
`�� CC 46.31' E S S"5 0. a
5 00'ab-J1' E li�c S 0o'4d".i" E - 5 .J r7 (r
SJ SC —moi .oc c
S3 GJ
m o
U ,v .o N !10'48-]'- N I T
53 51 - J 54 So - '- 1` o
N 00'48 31" 'd C N 004831"
r 1 $ N ; N 604831' N G o o 55 66
(N N H
.n CC, .3
50
-
lq7 s- .w _ _ r _0 N ci
0 ^ a .. 5.50' a n O
m
o N n0'48 31' w C m 53 :J0 rl 03 48.31 - w ✓� -, ,o
J F- CJ O O in W IJ 170'45.31 • W55
U 55 38 i
o O CO H o ai O t v m r• 40 ,n oc,
52 50' - a - >
54 50'
N nn 43 3i' w C 53 00' -'
N Or,'.P 31' W 55 1C'
1n o 5 JO 4y5 c
53 50- o U h g m O ry o c
nC
n ,70.4 d . 31. E o 5J 0C. 54 50 C -_'
S oo'"3 31• E �J
53 50 5 00'46 31-
c 1
o 0 3 W 5 4
cJ 4 oC 19 11" W
a rn C3 2
5150 a c
r Q m r 1 0
N 00.42 31 • w
S 4 3P - n V
O \
LJ
C,`Y]
-
' .. L S o 5 0n'48 =1- E
n. 53 50' n Q Q�
,o 'o U+z7 ul
45 31- E o � C
Z 53 50 ZS 00- C 31" E o o U N
m .
N o o S a z o so Sr 53
004,5 3.- w C
Z S 004E ]i E
l 00 N N J049 J!- w 53u ,r' S45(: � 'o -1 rl o
G v N - C C N 00'46'31" W _ m ,P 1 53
_1 V3 L U C- Li Oi ,o p u7 m � `o o .- ° m P J n'7 .g ]1-
2 cc
Q 53 SC ' -,
3 07
Q Q (.j LJ z 5J CU m c450
OpN 0049.1" w C :� N 0�4H 31' wLl
Z O
U`
N m o
Q o o 54 97
Z 3 m O m 3 00 J
L �O 0 W 51 50
W CJ �J Q7 . '.J UC _ c. t r ^" C�'.d71' "
N CC 48 31' w r m J ^ C1
Q J J O U o O n Y m a 5 1 59
J C7
43 50 ti 51 U0 - n - \(_/ S CO4 nE
43 5C C a. ` .- _ p I 60 27' - 1 84 S
S 'IU -43 31- E«,] J� - d Jn eP,C,• E
S 53 5. - —
� � S ,,l'48 31- E
P, UG • d 31- w
C
53 57
5 OJ 46
37-4 0'
a,
I
��. Attachment # 1-2
X35 44
I I 3
J
LY
m n �1c E 5 0046 3'• E
Z �,n 21tS 55 .3 C
`�� CC 46.31' E S S"5 0. a
5 00'ab-J1' E li�c S 0o'4d".i" E - 5 .J r7 (r
SJ SC —moi .oc c
S3 GJ
m o
U ,v .o N !10'48-]'- N I T
53 51 - J 54 So - '- 1` o
N 00'48 31" 'd C N 004831"
r 1 $ N ; N 604831' N G o o 55 66
(N N H
.n CC, .3
50
-
lq7 s- .w _ _ r _0 N ci
0 ^ a .. 5.50' a n O
m
o N n0'48 31' w C m 53 :J0 rl 03 48.31 - w ✓� -, ,o
J F- CJ O O in W IJ 170'45.31 • W55
U 55 38 i
o O CO H o ai O t v m r• 40 ,n oc,
52 50' - a - >
54 50'
N nn 43 3i' w C 53 00' -'
N Or,'.P 31' W 55 1C'
1n o 5 JO 4y5 c
53 50- o U h g m O ry o c
nC
n ,70.4 d . 31. E o 5J 0C. 54 50 C -_'
S oo'"3 31• E �J
53 50 5 00'46 31-
c 1
o 0 3 W 5 4
cJ 4 oC 19 11" W
a rn C3 2
5150 a c
r Q m r 1 0
N 00.42 31 • w
S 4 3P - n V
O \
LJ
C,`Y]
-
' .. L S o 5 0n'48 =1- E
n. 53 50' n Q Q�
,o 'o U+z7 ul
45 31- E o � C
Z 53 50 ZS 00- C 31" E o o U N
m .
N o o S a z o so Sr 53
004,5 3.- w C
Z S 004E ]i E
l 00 N N J049 J!- w 53u ,r' S45(: � 'o -1 rl o
G v N - C C N 00'46'31" W _ m ,P 1 53
_1 V3 L U C- Li Oi ,o p u7 m � `o o .- ° m P J n'7 .g ]1-
2 cc
Q 53 SC ' -,
3 07
Q Q (.j LJ z 5J CU m c450
OpN 0049.1" w C :� N 0�4H 31' wLl
Z O
U`
N m o
Q o o 54 97
Z 3 m O m 3 00 J
L �O 0 W 51 50
W CJ �J Q7 . '.J UC _ c. t r ^" C�'.d71' "
N CC 48 31' w r m J ^ C1
Q J J O U o O n Y m a 5 1 59
J C7
43 50 ti 51 U0 - n - \(_/ S CO4 nE
43 5C C a. ` .- _ p I 60 27' - 1 84 S
S 'IU -43 31- E«,] J� - d Jn eP,C,• E
S 53 5. - —
� � S ,,l'48 31- E
P, UG • d 31- w
C
53 57
5 OJ 46
37-4 0'
a,
I
��. Attachment # 1-2
City of Ukiah
Arrr�
STAFF REPORT TO THE PLANNING COMMISSION
WOODBURY
Rezone No. 03-56
ITEM NO. 8-D
Meeting Date: June 23, 2004
PROJECT SUMMARY: The project consists of a Rezone to allow the zoning designation for a 2.99 -
acre property that contains an existing apartment complex to be changed from the R-2 (Medium
Density Residential) Zoning District to the R-2 PD (Medium Density Residential -Planned
Development) Combining District. This zone change to implement the PD Combining District criteria
would allow the applicants to divide the site into individual townhouse ownerships that do not fully
comply with the development standards of the R-2 zone.
The applicants are also proposing a Major Subdivision (No. 03-57) to allow the division of the existing
apartment complex into 38 townhouse units and the common -use area shown on the project plans as
PARCEL "A", which contains the pool area, basketball court, and on-site storage units. This project
will be processed once the Rezone application is completed.
The discretionary actions associated with this project are quasi-judicial in nature; therefore
each decision -maker must physically and personally visit the site prior to participating in the
vote to approve, disapprove, or modify the project.
PROJECT LOCATION: The project site is located at 541-571 South Main Street (Assessor Parcel No.
003-302-55), on the east side of South Main Street, approximately opposite its intersection with Mill
Street.
ENVIRONMENTAL DETERMINATION: The Environmental Coordinator determined that the
proposed Rezone and Major Subdivision projects are not exempt from the provisions of the California
Environmental Quality Act (CEQA) and an Initial Study was prepared for both projects. This study
determined the proposed zone change and division of the subject property would cause no potential
significant adverse environmental impacts and a Negative Declaration for the projects was prepared.
GENERAL PLAN DESIGNATION: MDR (Medium Density Residential)
ZONING DISTRICT: R-2 (Medium Density Residential)
PROJECT DESCRIPTION: In May of 1986, the Ukiah Planning Department approved Site
Development Permit # 86-47 to allow the construction of an apartment complex on the 2.99 -acre project
site. This complex consists of 38 apartment units constructed in groupings of two to four units around a
horseshoe shaped access driveway that is 20 feet wide with sidewalks along both sides. The complex
also includes an outdoor pool and spa, an outdoor basketball court, overflow parking stalls, and two
storage buildings containing 42 mini -storage units reserved for use by residents. There are also small
lawns and other landscaping planted along the Main Street frontage and in smaller planters abutting the
apartment buildings.
Planning Commission Staff Report for
Major Rezone No. 03-56
Attachment # 2,-1
The approval of Rezone #03-56 would allow the zoning classification for the 2.99 -acre project site to be
changed from R-2 (Medium Density Residential) to R-2 PD (Medium Density Residential -Planned
Development) Combining District. The development standards for the existing R-2 zoning district
stipulate that the minimum lot size for any building or group of buildings is 6,000 square feet and the
proposed PD zoning is required since 38 of the smaller lots would have areas measuring between 1,391
to 1,527 square feet. The remaining 1.9 acres, which is designated on project exhibits as PARCEL "A",
contains the pool and spa, a play area, overflow parking stalls, the storage units, and the majority of
lawn and landscape planter areas. These parcels are shown on Attachment 2 (Development Plan and
Tentative Map) of this report as Lots 1-38 and PARCEL "A".
Normally, a use permit would be required to convert the existing apartment complex into condominium
units. However, Section 9166 (B) of the Ukiah Municipal Code specifies that no such permit is required
when a "Precise Development Plan" accompanies an application for a zone change to the PD
Combining Zone. Therefore, the Plan submitted with this Rezone application would permit the proposed
conversion if approved.
STAFF ANALYSIS
General Plan Consistency: The subject property is designated in the Ukiah General Plan Land Use
Element as Medium Density Residential. Staff reviewed project plans and determined the proposed
townhouse subdivision would not cause any increase in density or any physical expansion of the
existing apartment complex, which was developed in a manner that is entirely consistent with the Land
Use Element siting and development criteria for medium density housing projects. Therefore, it is staff's
opinion the proposed townhouse development is consistent with the land use criteria of the General
Plan.
Staff also determined the proposed townhouse complex will be consistent with Housing Element criteria
that encourage the use of Planned Development zoning for projects where zoning constraints limit the
flexibility to design non-traditional housing and a mix of housing types. In this case, the rezone to PD
zoning is absolutely essential to the establishment of the proposed townhouses since none of the
individual units would conform to the minimum lot size and width criteria of any of the zoning districts
where multiple -family residential uses are allowed or permitted.
Consistency with Applicable Ukiah Municipal Code Requirements: The conversion of the existing
apartment units to townhouses will require compliance with a number of specific Code requirements,
including applicable R-2 Zoning District standards, PD Combining Zone standards, and specific
standards for condominium developments. Consistency with each of these Code sections is discussed
below.
R-2 Zoning District Consistency: The existing apartment complex was developed in full accordance with
the R-2 Zoning District use and development in effect at the time, as shown during the approval of Major
Site Development Permit (#87-46). However, the proposed townhouse lots will be between 1391 to
1527 square feet in "lot" area, with an average width of 28 feet, and the front and rear yard areas will be
between 10 and 15 feet wide. These dimensions are clearly inconsistent with the R-2 standards for lot
size, width, and yard areas and the approval of the proposed PD Combining Zone is essential to the
townhouse conversion.
The proposed townhouses will be consistent with the existing R-2 standards for building height limits,
special yards between buildings, and the requirement for two parking stalls per unit. The existing
landscaping is not completely consistent with recommended guidelines for the plant types and layout for
landscaping in multiple -family residential development projects, but this landscaping was installed
approximately 15 years ago when landscaping standards were not as refined as the existing standards.
2
Planning Commission Staff Report for
Major Rezone No. 03-56
Attachment # 2- 2
The existing landscaping is also consistent with the R-2 requirements for percentages of land that must
be covered with landscape materials and live plantings.
It should also be noted that the existing common -use areas for the apartment complex will be retained
as a common -use area for the occupants of the townhouse complex. These include a recreational area
with a swimming pool, barbeque-yard area, playground, and basketball court, the access driveways,
and the covered storage areas.
PD Combining District Consistency: The UMC spells out very specific requirements for the application of
the PD Combining District to any zoning district. In this case, the application to apply it to the R-2
zoning in effect on the subject property has been done in complete compliance to the procedures and
process outlined in the Code, including the submittal of the materials required for the application. In
fact, the applicants chose to forgo the option to submit a Concept Development Plan and prepared the
more complex Precise Development Plan required by the UMC.
The Precise Development Plan submitted by the applicants includes the specific information required for
the proposed change to R-2 PD zoning, as listed below:
:• The information required for the Concept Development Plan;
•: A detailed Site Plan that illustrates the proposed project and adjoining land uses and the site
topography;
•:• Photographic elevations showing a typical elevation of the existing structures, which are virtually
identical in appearance;
•: Plans showing the typical ground floor and second -story floor plans for the existing units;
The location, size, and scale of the existing recreational facilities on the property,
•: The location and design of the existing trash and recycling facilities;
•:• A clear depiction of all easements on the property; and
•:• The existing landscaping and lighting on the property.
The UMC also provides specific criteria for determining a Precise Development Plan's consistency with
the purpose and intent of the PD Combining Zone. Staff's consistency review follows:
User Impacts and Needs: The proposed conversion of the property to townhouse uses will not cause
any substantial alterations to the existing multiple -family residential land use or physical layout of the
existing apartment complex. Therefore, no substantial impacts to existing site circulation, parking,
traffic, public services, noise and odors, privacy, private and public open spaces, trash collection,
security, and crime deterrence, and energy consumption are expected to occur as a result of the
proposed conversion to townhouse uses.
Relationship to Physical Features: Again, the physical layout of the site is not expected to change in any
substantial way as a result of this project, including the preservation of all existing trees and other
landscaping on the site. Therefore, the proposed conversion is consistent with this criterion.
Consistency of Architectural Style: None of the existing apartment units or other structures on the site
will be substantially altered when they are converted to townhouse units, so the aesthetics of the subject
property will not be changed. It is possible that some building features such as doors or paint colors will
be changed when individual owners replace them, but these minor modifications are not expected to
substantially alter the aesthetic characteristics of the site.
3
Planning Commission Staff Report for
Major Rezone No. 03-56
Attachment # 2--s
Balance and Integration with the Neighborhood: As noted earlier, the existing apartment units will not be
altered substantially as a result of the proposed conversion to townhouse units. Therefore, the overall
design of the complex will remain integrated and compatible with the neighborhood in which it has been
located in for the last 15-16 years.
Building Design: The existing buildings are not particular unique in design and the materials used to
construct them are fairly standard, but this complex was constructed when design guidelines for large-
scale residential development were not as specific as those in use today. Despite this, the buildings are
well-constructed and have been maintained in a manner that is consistent with, or more attractive than,
residential and commercial structures on abutting lots.
Density: The 2.99-acre property could be developed with a maximum of 41 units, or three more than
were developed when the existing apartment complex was developed. These additional units could be
developed if the existing recreational areas and/or the existing storage units are removed, but it staff's
opinion that these facilities are valuable to the day to day functions of the site's residents and should be
preserved. Therefore, no increase in density is recommended.
Consistency with Ukiah Municipal Airport Master Plan: The project site is located in Airport
Compatibility Zone B2, in which new multiple-family units are considered "not normally acceptable". In
this case, however, no new units would be developed as part of the rezone project and human densities
on the site would not increase. Therefore, this project is consistent with the airport criteria.
Environmental Analysis: The proposed project is not exempt from the provisions of the California
Environmental Quality Act, and an Initial Study was prepared to analyze potential impacts to the area
environment. In this study, staff determined that the development of the site will create no potentially
significant adverse impacts and no mitigation measures are required.
CONCLUSIONS: The conversion of the existing apartment complex to townhouse units will cause a
slight decline in the rental units available in Ukiah, but staff has reviewed recent counts of multiple-family
units in City limits and concluded that this decrease is not a substantial adverse effect on the overall
housing market. In fact, it is staff's opinion that the proposed townhouses will fill a housing ownership
gap and will allow persons who can not or choose not to buy a single family home, or by persons
wishing to move from an existing single family home to a lower maintenance townhouse. This is
particularly true since the last time townhouse units were constructed or converted in City limits occurred
approximately 15 years ago.
Staff also concludes that the proposed townhouse units will be highly consistent with the General Plan,
including the Land Use Element criteria for siting and developing medium density residential housing,
and with applicable development standards for the R-2 Zoning District. In fact, the conversion of this
project to individually-owned townhouses will represent little, if any, changes to the subject property or
the neighborhood in which it is located.
FINDINGS: The Planning Department's recommendation for approval of the Rezone to change the
zoning on the subject property from R-2 to R-2 PD is based, in part, on the following findings:
1. The rezone of the subject property to R-2 PD and eventual conversion of the existing apartment
units to townhouses is consistent with the Ukiah General Plan since the townhouse complex will be
consistent with Land Use Element criteria for medium density residential and Housing Element
implementation measures encourage the use of PD zoning for flexible housing situations;
4
Planning Commission Staff Report for
Major Rezone No. 03-56
Attachment # Z- -
2. The rezone of the subject property to R-2 PD and eventual conversion of the existing apartment
units to townhouses is consistent with the purpose and intent of the PD Combining Zone criteria;
3. The rezone of the subject property and eventual conversion of the existing apartment units to
townhouses is consistent with the compatibility criteria of the Ukiah Municipal Airport;
4. The rezone of the subject property and eventual conversion of the existing apartment units to
townhouses will cause no significant adverse environmental effects, as determined in the Negative
Declaration and Initial Study prepared for the project; and
5. The proposed townhouses are compatible with surrounding land uses and will not be detrimental to
the public's health, safety, and general welfare since the project entails the conversion of an existing
apartment complex that has been on the property for approximately 15 years without substantial
disturbances to the neighborhood and there would be no increase in the density or physical
infrastructure of the complex.
PLANNING DEPARTMENT RECOMMENDATION: Based on the Findings above, the Planning
Department recommends that the Planning Commission recommend to the City Council that it:
1. Adopt the Negative Declaration prepared for Rezone No. 03-56 and Major Subdivision No. 03-57;
and
2. Adopt the Ordinance amending the official Zoning Map for the City of Ukiah.
ATTACHMENTS:
1. Location Map
2. Development Plan Exhibit
3. Site Information Sheet (EXHIBIT "A") prepared by Applicant
4. Development Plan and Tentative Map Exhibit
5. Photographic Exhibits showing Typical Residential Units, Access Driveways, and Recreation Area
6. Draft Outline for Covenants, Codes, & Restrictions & By -Laws
7. Negative Declaration for Rezone No. 03-56/Major Subdivision Map No. 03-57
S
Planning Commission Staff Report for
Major Rezone No. 03-56
Attachment # 2.-�
DRAFT COPY
ORDINANCE NO.
AN ORIDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA
The City Council of City of Ukiah does hereby ordain as follows:
SECTION ONE
Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official
Zoning Map for the City of Ukiah is amended to change the zoning on a 2.99 -acre property at 541-571
South Main Street (Assessor Parcel Number 002-302-55) in the City of Ukiah from the R-2 (Medium
Density Residential) Zoning District to the R-2 P -D (Medium Density Residential -Planned
Development) Combining Zoning District.
SECTION TWO
This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is
necessary to establish more flexible development standards for lot size, lot width, and yard areas,
which will allow the 38 apartment units located at the existing Main Street Gardens apartment
complex to be converted into individually -owned townhouses.
SECTION THREE
This ordinance shall be published as required by law in a newspaper of general circulation
published in the City of Ukiah.
SECTION FOUR
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on , 2004 by the following roll call vote-
AYES-
NOES-
ABSENT:
ote:
AYES:NOES:ABSENT:
ABSTAIN:
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAIN-
ATTEST:
Marie Ulvila, City Clerk
, 2004, by the following vote:
Eric Larson, Mayor
Planning Commission Staff Report for
Major Rezone No. 03-56
Attachment # 21-6
0
MSUB 03-56
FIELN ' RI& SgN,
;�t t
EV Ar K
kit
HO N W)y
.:Y' • .
; ix
CLAY ST.
4` RE
NS(
00 23212 2451
OR WESTER PACIFIC RAI ROA MI NIE
09 15
223124
H JR GA L L EE PEACH ST.
276 • 0022820
S HLEIF EARL LAR
134
00 8218 YNCH N EL 1
N R WESTERN PACIFIC RAI ROA 323
2 0
x,
00228217:....:,,, .-.;.
1511 S RAYMOND E & SHIRLEY C
El 660 t.
i;'. �k i�C :"�'!� ra'�„ `� .gid+
•< 'ys
m ' ^-'�-
^+
00 58119
M CO EN JOH
01
00 81 2
R O BUR ER BO BI
...
sp
a ., ._
1 3
�-
i
00 4074
L A
`���
Con
L &
Z
210
'
_ :. . R SAL JOYY Z•p
�
723
D•� `: •:,
0O3 4061
00304030
I
m ''M'TM " '
-
L INVESTMENT COMPA Y NC
735
�._
i'
tlr�
228115
H CITY QF
A F ' k
D LN.
002, 1133;
NEZ MISAO
QQQ444i � T-
EL` ; & ECKY W T -'EE
a
O
00231 E° 14 ',
ERS YMOND E & SHIRLf`Y C v
660, m
00'?31212
PEAR`SOI`�LORRAIME C `
Sl 300
H
WILIA SUET
P
023024310
"��o DANA TrEE' MILOVI(` A JAM S D
i; & LYLE
1 659 x: 37
Feet
0 165 330 660 990 1,320
Attachment # 2-7
00 58119
M CO EN JOH
01
00 81 2
R O BUR ER BO BI
...
sp
a ., ._
1 3
�-
. S -o
TI
00 4074
L A
=
Con
L &
Z
210
'
_ :. . R SAL JOYY Z•p
�
723
D•� `: •:,
0O3 4061
00304030
I
m ''M'TM " '
-
L INVESTMENT COMPA Y NC
735
�._
Feet
0 165 330 660 990 1,320
Attachment # 2-7
N 0.) 19 5_--_
255.44
--- ---Le
-
,
J ;
11J � 2 �
Q�
m
W
r
m
ao
z
5 00'48'31" E JO
[T
53 50'
(v ,a
b J N
223'
N
I
C:,
J
CJ
IL
-
4
J a N
q�
o_
255.44
--- ---Le
-
,
J ;
11J � 2 �
Q�
m
W
r
m
ao
z
5 00'48'31" E JO
[T
53 50'
(v ,a
b J N
223'
N
S6 �1'
53 50' =
N 00'4831 'N G
'3 00'46'}1' E
J a N
q�
-
0.)
V
53.50
N 00'48'31" W V
v
m
r
53.GU'
53 50'
N nO'43 31' w
m O
r+ p N
J
53 50'
N 00'4831' 'N y
?
J =
S 00'48'31' E o
54 50'
53.50'
53 00'
N 00'48'3,' W
~ a0 0 00
3t
53.50' N
N
+i
N 00'42'31' W C
O
Z
o
o
53 50' -
N C0 4331" W
p
+'+
00
� S 00'49'}t'
Z -
Z
cJ
53.50
C a
O In
W
n
Ln
(n 0)
W
r O m
N
Q
U
C3 (1
O
y�
53.5^.'
N 00'4831' W
Z -J 00
N
N 00'43 31' W
G (n
' W
LLJ
t
_ o
O c'
9 m
$
LnO
00
J N
r��a�0
O O (V (�
Z
53.5,'
�s
O ry r
J
0Y W M
tl U Q
ii
N D0 48'S1' W C
n
o�
7
Z o (,_ N
m J 3
v
5a. 50'
r O
LL
? W
53 50
;
L ` O
- W O O 07
N 0048'31" w
a
rv
^1 U 1
(J_ CL Q .- w
`J Q J O U
55.!0'
o r a
., O
:-
W
U
43 50'
L.J J CC
m
m
O N ry
31" E v
S J0'4.8'Ui'
CL
L:._1 � � ul
^ 43.50' u
�
54 50'
z
54.99'
C
y
5U'
_
#
a
53 -
N UO 48' 31' W r
rJ
J n
-
'
53 50' -
V 004931 w
1,
' ,7.0•,' r'.
255.44
--- ---Le
-
,
J ;
11J � 2 �
Q�
m
W
r
m
ao
z
Z •
`\
223'
<g
S6 �1'
C
'3 00'46'}1' E
q�
-
53.GU'
N 00'4831' 'N y
?
J =
54 50'
53 00'
N 00'48'3,' W
N GO'48'31' w G
+i
55 66'
„o,
o
N C0 4331" W
._
+'+
54 50
O In
J` C,
_
51 00
-1 03'49'31' W
✓+
i `"
N 00'4831' W
m
55.}8'
$
$ o (n
�s
O ry r
J
ii
n
o�
7
m J 3
5a. 50'
'
O
53 00' -
N Oq'4a'31' W
55.!0'
-
N Dr'a8'3r' WL
E
0
m
O N ry
�
S J0'4.8'Ui'
±
54 50'
54.99'
C
5}.00'
S 00'4-8'31' E
_
#
a
rJ
54 69'
-
'
O
V 004931 w
P
CJ
n
'a
z
U
L:
ry
Cl
54.38'
L
a o
_t-
E
S 00.48
F N
cl
N
S 00'4831'
S3
50 50,
4.0
'P
�
�
j
J •�
f
p
�
O J
5 004C'31' E$4 -
•�
x•
r
53 u4 C m
N 00'4871" W C a�
m
�' `
_I
53 7t'
o
0 0018'11'
E �.
i0 J o
n
J C'4 m
m
53.GU'
54 50.
z
N On"4-A31" W C
p
O ,,,1
o
✓, ��
S CO'48 31' E
-
J
53oe
o
C'.
o'
7•
N 00'4831' W
40
�,
O4Ja
C''.,
i
S 59
mJn
/
'+
31' W N 03'43
490-
-S
'
v :
S CO'48'3w1.
E
C
-04 5
B
S ;10'49'31' E
'37'
.aB,G' E
'4z ,.n�
_-
5 )J'48 31- E
r1 10'SC, 5 v, -f
J " v
ae
k
C \ .
Attachment # 2-S
00
4� 0
--------------
u
III
EXHIBIT "A"
December 15, 2003 03-5393
Site lntorrnation ..
�xistin
osed:,
Site Area
2.99 Ac. = 130,244 S.F.
SAME
(net square footage):
Existing Building
24 Ea. two-story, two bedroom
SAME
Square Footage:
dwelling units @ 1,024 S.F. Ea. = 24,576 S.F.
14 Ea, two-story, three bedroom
SAME
dwelling units @ 1,032 S.F. Ea. = 14,448 S.F.
38 Ea. single-car garages @
SAME
240 S.F. Ea. = 9,120 S.F.
42 Ea, storage unit buildings = 6,128 S.F.
SAME
1 Ea. Managers unit = 1,216 S.F.
SAME
TOTAL BUILDING S.F. - 55,488 S.F.
Parking:
Garages: 38 Ea,
SAME
Off -Street Spaces: 54 Ea.
TOTAL: 92 Spaces
Miscellaneous
Information:
Common Area
1.70 Acres = 74,052 S.F.
SAME
Landscape and
26,685 S.F. = 20.50/o of Site Area
SAME
Recreation Area
Landscape Planted
19,900 S.F,
SAME
Area
Attachment # 2.-11
I
,a ria a�iti_ pba `� 3~ ~fib o
C
dbed
YY RR ALE
LANDSO
'y
s a co
g�nY 99Ei�q ren 3 c�§�y-�;'3 5,. �� TroMA
r i .E �i�x,T���§ �
971�b § �� � ���
�Y9
veb NOT A PAaT
b F :_'a DRAINAGE SWALE
L T A PART YSISTI�J�
C � 7 5 � NO j_
i� z 1 a" x R THOMAS b CD ur
jy �' ALE --� 28S <a - • o
1 LANDS Of ��'
C-1 (V AC •N T) EXS�S ZINC DRAM SWALJ—_- c".10 'S1OR 395" �I6 m.
EASC ✓C Mi 0c , .
l -
I rl d _ j A U
yy s*uN co d a
r a
ry<
a it ,,3JJ11��U'a\E.i
y S i 3 figO t a S LJ r. I ��- I N n l �'n; a S i ..`y
I
A j? S S NL W
a —
Sit p a I I lS ��`22
F-2 2' _2 2' — S o Os
q]♦�� .pe � q� a J
21, o cupta TEP
m y■■ it yg 'SOC � " 4 l4 �� s�_�' w � " .. / ,.+
Dove l,• r
<' CURB r G01"
I` V �" c y r-•--- k *�Y I o,
oi
,-- I g
i2 I I J a F
� \ RIV !!0• � II NO < tiQ
Ln CL
cy O ,, ,� �{ i , `
�z fou
R1
J�awu �� r •E 8
5� mK� "\ ��I.:
5D
mli
'
own `o�
<dI'S S g I� J° g
,
zUZOo <�—,05 Q
o�x z of "
,.; 8g eg '� I:. Q I o o
CL
�W
« z 9. I I i8 • =I z
a ♦1= I
o z J b l' : I s •J ¢ I " g a I �' S —
S `>
J`\� • 1 3Doz
zo
C
a�
>< o. i0_ S� i� d
W Q F N u ZZ j4 8` w i I ela I:: I i z • R o
a -Z � N Z
0 0 ' nY fOJ < N u
J� V� E3� W �q I al�lll �s I zo_ct
Lj
LiJZ O Wa
o o
'1 `I•
z
LJ!
U
w
Attachment # Z-j�c
Z
I.
/
s
s q
•
k
�
g
`
';_S
5
Y'
qd�(
q8
lY
lm.�
`3
imo i
ame
♦ r
i ir''�
c
a.5 p6'c9 t0
1' N
- I
LzB
1
�QCS
' • ° b k ��
F v.s°'
�I I
•-/p.s�0 p o 'A.15,57* >r
qCD
N
to
ks
M•
Attachment # Z-j�c
Typical Residential Units - Lots 10 & 11
Typical Residential Units - Lots 19 & 20
12/16/03 MAIN STREET GARDEN TOWNHOUSE SUBDIVISION 03-5393
Attachment # 2--1i
7Y
1
"Mmm
'': 4
zy-v .,�k
I u 4 1
C,
OWl
#off
Mafiat 3s
v
Proposed Headings and Sub -Sections for
Declaration of Covenants, Conditions and Restrictions for
Main Street Garden Townhouse Subdivision
Ukiah, California
RECITALS
ARTICLE 1 — DEFINITIONS
1.1 Absolute Majority
1.2 Additional Charges
1.3 Articles
1.4 Assessment
1.5 Association
1.6 Board of Directors
1.7 Bylaws
1.8 Common Area
1.9 Contract Purchaser/Contract Seller
1.10 County
1.11 Declaration
1.12 Development
1.13 Governing Documents
1.14 Lot
1.15 Maintenance
1.16 Member
1.17 Member in Good Standing
1.18 Mortgage
1.19 Mortgagee
1.20 Owner
1.21 Record
1.22 Repair
1.23 Replacement
1.24 Residence
1.25 Resident
1.26 Rules
1.27 Simple Majority
1.28 Subdivision Map
1.29 Total Voting Power
03-5303 - I - 12/09/C3
Attachment # 2 --IS
ARTICLE 2 - PROPERTY RIGHTS AND RIGHTS OF ENJOYMENT
2.1 No Partition
2.2 Common Area
2.3 Owners Non -Exclusive Easements of Enjoyment
2.4 Delegation of Use
2.5 Common Area Construction
2.6 Mechanic's Liens
2.7 Party Walls
ARTICLE 3 - EASEMENTS
3.1 Easements in General
3.2 Easements of Encroachment
3.3 Utility Easements
3.4 Easements for Structural Overhangs
3.5 Easements Granted by Board
ARTICLE 4 - USE RESTRICTIONS
4.1 Single-Farnily Residential Use
4.2 Rental of Lots
4.3 Time -Share Arrangements
4.4 Restriction on Businesses
4.5 Signs
4.6 Offensive Conduct, Nuisances, Noise
4.7 Outbuildings
4.8 Animals
4.9 Drilling
4.10 Trash Disposal
4.11 Antennas
4.12 Sewage Disposal Systems
4.13 No Compost Piles
4.14 Sight Lines
4.15 Front Yards
4.16 Window Coverings
4.17 Screening
4.18 Use of Common Area
4.19 Requirement of Architectural Approval
03-5393 -2- 12/09/03
Attachment # 2- i g
4.20 Sports Apparatus
4.21 Mailboxes and Exterior Newspaper Tubes
4.22 Vehicles and Parking
4.23 Parking Enforcement
4.24 Garages
4.25 Construction Materials, Construction Debris
4.26 Machinery and Equipment
4.27 Tanks
4.28 Subdivision or Merger of Lots
ARTICLE 5 - HOMEOWNERS ASSOCIATION
5.1
Management and Operation
5.2
Membership
5.3
Voting
5.4
Board of Directors
5.5
Association Rules
5.6
Access
ARTICLE 6 - ASSESSMENTS AND LIENS
6.1 Covenant of Owner
6.2 Creation of Lien
6.3 Purpose of Assessments
6.4 Authority of the Board
6.5 Annual Assessment
6.6 Special Assessments
6.7 Reimbursement Assessments
6.8 Enforcement Assessments
6.9 Failure to Fix Assessments
6.10 Offsets
6.11 Delinquent Assessments
6.12 Power of Sale
6.13 Certificate of Satisfaction and Release of Lien
6.14 Priority
6.15 Association Funds
6.16 Assignment of Rents
6.17 Waiver of Exemptions
6.18 Property Exempt from Assessments
C3-5393 -3- 112/09/03
Attachment # 2- i5
ARTICLE 7 — DAMAGE OR DESTRUCTION OF BUILDINGS; CONDEMNATION
7.1 Replacement or Repair of Association Property
7.2 Rebuilding or Repair of Improvements on Lots
7.3 Condemnation of Common Area
7.4 Condemnation of Lots
ARTICLE 8 — MAINTENANCE OF PROPERTY
8.1
Association Responsibility
8.2
Authority for Entry of Lots
8.3
Association Liability
8.4
Owner Responsibility
8.5
Board Discretion
8.6
Owner Liability
ARTICLE 9 — RIGHTS OF MORTGAGEES
9.1 Rights of Mortgagees
ARTICLE 10 — ARCHITECTURAL CONTROL
10.1 Submission of Plans and Specifications
10.2 Architectural Rules
10.3 Application
10.4 Grant of Approval
10.5 Form of Approval
10.6 Commencement
10.7 Completion
10.8 Inspection
10.9 Preliminary Approval
10.10 Non -Waiver
10.11 Liability
10.12 Compliance with Governmental Requirements
03-5393 -4- 12/'9/03
Attachment # z-ty
Proposed Headings and Sub -Sections of Bylaws .
Main Street Garden Townhouse Homeowners Association
Ukiah, California
ARTICLE 1 — RECITALS AND DEFINITIONS
Section 1 Name of Association
Section 2 Association is Nonprofit
Section 3 Specific Purpose
Section 4 Definitions
ARTICLE 2 — PRINCIPAL OFFICE
ARTICLE 3 — MEMBERSHIP
Section 1
Members of the Association
Section 2
Term of Membership
Section 3
Multiple Ownership of Lots
Section 4
Furnishing Evidence of Membership
ARTICLE 4 —MEMBERSHIP VOTING
03-5393
Section 1 Single Class of Membership
Section 2 Member Voting Rights
Section 3 Eligibility to Vote
Section 4 Manner of Casting Votes
Section 5 Proxies
Section 6 Action by Written Ballot Without a Meeting
Section 7 Majority Vote of Members Represented at Meeting Required for Valid
Action
Section 8 Action by Unanimous Written Consent
Attachment # 2-� 7
12/09/03
K
ARTICLE 5 — MEMBERSHIP MEETINGS
Section 1
Place of Meeting
Section 2
Annual Meeting
Section 3
Special Meetings
Section 4
Notice of Members' Meetings
Section 5
Quorum Requirements
Section 6
Adjourned Meeting
Section 7
Waiver of Notice or Consent by Absent Members
Section 8
Record Dates for Member Notice, Voting and Giving Consents
ARTICLE 6 — MEMBERSHIP RIGHTS
Section 1 Use and Enjoyment of Common Areas by Members and Family
Section 2 Tenants and Lessees
Section 3 Invitees and Guests
Section 4 Association Rules and Regulations
ARTICLE 7 — BOARD OF DIRECTORS
Section 1
General Association Powers
Section 2
Number and Qualification of Directors
Section 3
Term of Office
Section 4
Nomination of Directors
Section 5
Election of Directors
Section 6
Vacancies on Board of Directors
ARTICLE 8 — BOARD MEETINGS
Section 1
Place of Meetings; Meetings by Conference Telephone
Section 2
Annual Meeting of Directors
Section 3
Other Regular Meetings
Section 4
Special Meetings of the Board
Section 5
Attendance by Members
Section 6
Quorum Requirements
Section 7
Waiver of Notice
Section 8
Adjournment
Section 9
Action Without a Meeting
Section 10
Compensation
03-5393 -2- 12/09/03
Attachment # 2-I5
ARTICLE 9 — DUTIES AND POWERS OF THE BOARD
Section 1 Specific Powers
Section 2 Limitations on Powers
ARTICLE 10 —COMMITTEES
Section 1 Committees of Directors
Section 2 Meetings and Actions of Committees
ARTICLE 11 — OFFICERS
Section 1
Officers
Section 2
Election of Officers
Section 3
Subordinate Officers
Section 4
Removal of Officers
Section 5
Resignation of Officers
Section 6
Vacancies
Section 7
President
Section 8
Vice President
Section 9
Secretary
Section 10
Chief Financial Officer
ARTICLE 12 — MEMBER ASSESSMENT OBLIGATIONS AND
ASSOCIATION FINANCES
Section 1 Description of Assessments to Which Owners are Subject
Section 2 Checks
Section 3 Operating Account
Section 4 Other Accounts
Section 5 Budgets and Financial Statements
Section 6 Required Reserve Studies
03-5393 -3- 12/09/03
Attachment # 2-1y
ARTICLE 13 — MISCELLANEOUS
Section 1
Inspection of Books and Records
Section 2
Other Member Disclosure Obligations
Section 3
Property Manager
Section 4
Corporate Seal
Section 5
Robert's Rules of Order
Section 6
Amendment or Repeal of Bylaws
Section 7
Notice Requirements
Section 8
Indemnification
Section 9
Construction and Definitions
CERTIFICATE OF SECRETARY
0"-5393 -4-
Attachment # 2-2o
1'/09/03
ARTICLE 1 1 — INSURANCE
11.1 Types of Insurance Coverage
11.2 Coverage Not Available
11.3 Copies of Policies
11.4 Trustee
11.5 Adjustment of Losses
11.6 Insurance on Lots and Residences
ARTICLE 12 — ENFORCEMENT
12.1 Violations as Nuisance
12.2 Violation of Lav
12.3 Owners' Responsibility for Conduct and Damages
12.4 No Avoidance
12.5 Rights and Remedies of the Association
12.6 Disciplinary Rules
ARTICLE 13 — AMENDMENT
13.1 Procedure
ARTICLE 14 — GENERAL PROVISIONS
14.1 Headings
14.2 Severability
14.3 Liberal Construction
14.4 Number; Gender
14.5 Easements Reserved and Granted
14.6 Power of Attorney
14.7 Term
EXHIBIT "A": Legal Description of the Development
33-5393 -5- 12/09%03
Attachment # 2-2.1
.STTMENT
CITY OF UK/AH
NEGATIVE DECLARATION
DATE: May 5, 2004
APPLICANTS: Mr. Steven Woodbury
PROJECT NO.: Rezone No. 03-56 & Major Subdivision No. 03-57
LOCATION: The project site consists of an existing apartment complex located at 541-571
South Main Street (Assessor Parcel No. 002-302-55), east of the intersection
between South Main and Mill Streets.
ENVIRONMENTAL SETTING: In May of 1986, the Ukiah Planning Department approved Site
Development Permit # 86-47 to allow the construction of an apartment complex on the 2.99 -acre
project site. This complex consists of 38 apartment units constructed in groupings of two to four units
around a horseshoe shaped access driveway that is 20 feet wide with sidewalks along both sides.
The complex also includes an outdoor pool and spa, an outdoor basketball court, overflow parking
stalls, and two storage buildings containing 42 mini -storage units reserved for use by residents.
There are also small lawns and other landscaping planted along the Main Street frontage and in
smaller planers abutting the apartment buildings.
PROJECT DESCRIPTION: Rezone #03-56 would allow the zoning for the 2.99 -acre property to be
changed from R-2 (Medium Density Residential) Zoning District to the R-2/PD (Low Density
Residential -Planned Development Combining) Zoning District. The PD zoning is required for this
project since the applicants intend to convert the 38 existing apartment units into individually -owned
townhouse parcels with areas of 1,391 to 1,527 square feet that are substantially smaller than the
required minimum lot size of 6,000 square feet and lot widths that are roughly half of the required 60 -
foot width. Each of the townhouse sites would contain a single dwelling unit, a small lawn and a
patio area, with proposed PARCEL "A" retained for common use by the townhouse residents. This
1.9 acre area contains the pool and spa, outdoor play areas, overflow parking stalls, the storage units
described above, and the majority of the larger lawn and landscape planter areas.
Major Subdivision #03-57 would permit the division of the site into the individual lots shown on the
Tentative Map exhibit attached to the Initial Study, including 38 individual condominium units and the
common -use area designated as PARCEL "A".
ENVIRONMENTAL ANALYSIS: City of Ukiah staff conducted a careful and comprehensive review of
the project that included the preparation of an Environmental Checklist in which no potential significant
adverse impacts were identified. Based on this analysis, staff has determined that the project will not
require the adoption of any mitigation measures or a mitigation monitoring program, and that a
Negative Declaration for the project is appropriate. Specific Findings in support of this determination
are listed below.
FINDINGS SUPPORTING A NEGATIVE DECLARATION:
1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project does
not have the potential to degrade the quality of the local or regional environment;
2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will
not result in short-term impacts that will create a disadvantage to long-term environmental goals;
Negative Declaration for Rezone No. 03-56/Major Subdivision No. 03-57: Woodbury
Attachment # -3-1
3. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will
not result in impacts that are individually limited, but cumulatively considerable; and
4. Based upon the analysis, findings and conclusions contained in the Initial Study, the project will
not result in environmental impacts that will cause substantial adverse effects on human beings,
either directly or indirectly.
STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the
City of Ukiah has determined that the project will not have a significant effect on the
environment, and further, that this Negative Declaration constitutes compliance with the
requirements for environmental review and analysis required by the California Environmental
Quality Act.
This document may be reviewed at the City of Ukiah Planning Department, Ukiah Civic Center, 300
Seminary Avenue. Ukiah. California.
Date
Negative Declaration for Rezone No. 03-56/Major Subdivision No. 03-57: Woodbury 2
Attachment # 3--2-
:I a, 6 ':ul CN o _ o':en".'ia' � nvironmenta`,'xnpacts ' or
Rezorm, No. K M 3jol Subdivision Nc). � _ 7: Woodbury
INITIAL STUDY CHECKLIST
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # 3-q
Potentially
Significant
Potentially
Unless
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
1. AESTHETICS —Would the project:
a) Have a substantial adverse effect on a designated
/
scenic vista?
b) Substantially damage natural resources, including,
but not limited to trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Conflict with the architecture of the surrounding
/
built environment?
`/
d) Create a new source of substantial light or glare
with would adversely affect day or nighttime views in
the area?
V/
11. AGRICULTURAL RESOURCES: Would
the Project:
In determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model (1977)
prepared by the Califomia Dept. of Conservation as
/
an optional model to use in assessing impacts on
agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland) as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
V
use?
-
b) Conflict with existing zoning for agricultural use, or
/
a Williamson Act contract?
i I i AIR QUALITY
Where available, the significant criteria established
by the applicable air quality management or air
pollution control district may be relied upon to make
the following determinations. Would the project.-
roject:a)
a).Conflict with or obstruct implementation of the
/
applicable air quality plan?
�/ 3
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # 3-q
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # _�--5
intially
a.,,. dficant
Potentially
Unless
Less Than
Significant
Mitigation
Significant
No
Im act
Incorporated
Im actIm
act
b) Violate any air quality standard or contribute
substantially. to an ,existing or projected air quality
violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the project
region is non -attainment under an applicable federal
or state ambient air quality standard (including
f
releasing emissions which exceed qualitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
concentrations?
pollutant
e) Create objectionable odors affecting a substantial
number of people?
�!
IV. BIOLOGICAL RESOURCES
Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional
f
plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse impact on any
riparian habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse impact on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
/
vernal pool, coastal, etc.) through direct removal
�1
filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as tree
preservation policy or ordinance?
4
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # _�--5
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # 3-�
-ntially
S,y ,cant
Potentially
Unless
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
f) Conflict with the provisions of an adopted habitat
Conservation Plan, natural Community Conservation
Plan, or the approved local, regional, or state habitat
conservation plan?
V. CULTURAL RESOURCES
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
/
Section 15064.5?
�!
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
/
to Section 15064.5?
�l
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
/
feature?
�!
d) Disturb any human remains including those
interred outside of formal cemeteries?
VI. GEOLOGY AND SOILS - Would the
Project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of loss,
/
injury, or death involving:
i.) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning map issued by the State
Geologist for the area, or based on the other
/
substantial evidence of a known fault? Refer to
�(
Division of Mines and Geology Special Publication
42.
ii.) Strong seismic ground shaking?
iii.) Seismic -related ground failure, including
liquefaction?
iv.) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
of the project, and potential result in on-site or off site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
5
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # 3-�
f
'^ntially
b.!6 .cant
Potentially
Unless
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
d) Be located on expansive soil, as defined in Table
18-1-B of the. Uniform Building Code (1994), creating
/
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems. Where sewers are not available
for the disposal of wastewater?
VI 1. HAZARDS AND HAZARDOUS
MATERIALS — Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
/
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the likely release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
/
waste within one-quarter mile of an existing or
J
proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result
/
would it create a significant hazard to the public or
V
the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
f
airport, would the project result in a safety hazard for
-
people residing or working in the project area.
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the projected area?
f) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
6
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # 3-7
-
P _, ,^tially
Sky. cant
Potentially
Unless
Less Than
Significant
M itigation
Significant
No
Im act
Incorporated
Impact
Impact
h) Expose people or structures to the risk of loss,
injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
VI11. HYDROLOGY AND WATER
QUALITY - Would the project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
lever (e.g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner which
V
would result in substantial erosion or siltation on-site
or off-site?
d) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantially
increase the rate or amount of surface runoff in a
manner that would result in flooding on-site or off-
site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned
/
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100 -year floodplain as
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
7
Initial Study for Rezone 03-56 I Major Subdivision No. 03-57: Woodbury
Attachment #
Initial Study for Rezone 03-56 ! Major Subdivision No. 03-57: Woodbury
Attachment # �_
-ntially
S�. .ficant
Potentially
Unless
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Im actIm
act
h) Place within a 100-year flood hazard area
structures which would impede or redirect flood
flows?
v
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or a
dam?
j) Inundation by seiche, tsunami, or mudflow?
IX, LAND USE AND PLANNING - Would
the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over the
project (including, but not limited to general plans,
specific plans, local coastal programs, or zoning
ordinances) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
or natural community
plan conservation plan?
X. MINERAL RESOURCES - Would the
project:
a) Result in the loss of availability of a know mineral
resource that would be of value to the region and the
f
residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
XI. NOISE - Would the project result
In:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the local
/
general plan or noise ordinance, or applicable
Y
standards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration groundborne noise
J
levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
V
existing without the project?
8
Initial Study for Rezone 03-56 ! Major Subdivision No. 03-57: Woodbury
Attachment # �_
r'^,+pntially
'icant
Potentially Unless
Significant Mitigation
Imnant Int-e%r-n ,. +ea
Less Than
Significant No
XV. TRANSPORTATION/TRAFFIC -
Would the project:
a) Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
/
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
/
location that results In substantial safety risks?
v
d) Substantially increase hazards to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
f
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
v
XVI. UTILITIES AND SERVICE
SYSTEMS - Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
-
V/
b) Require or result in the construction of new waste
or wastewater treatment facilities or expansion of
/
existing facilities, the construction of which could
V
cause significant environmental effects?
c) Require or result in the construction of new
stormwater drainage facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects.
10
Initi�'. Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment #
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # ;3-1 -1-,.
IF -itially
Sib .-icant
Potentially
Unless
Less Than
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
d) Have sufficient water supplies available to serve
the project from existing entitlements and resources,
/
or are new or expanded entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
/
regulations related to solid waste?
Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury
Attachment # ;3-1 -1-,.
B. Significance Criteria: Significant land use impacts would occur if the project substantially
conflicted with established uses, disrupted or divided an established community, or resulted in a
substantial alteration to present or planned land uses. Proposed project consistency with the
Ukiah General Plan and zoning and any other applicable environmental plans and policies are also
evaluated in making a determination about potential land use impacts.
C. Impacts,: The proposed conversion of the apartment complex to townhouses would not cause
potential adverse environmental impacts related to the issues discussed in the Section IX (Land
Use Planning) of the Checklist. This opinion is based on the fact that the proposed townhouse use
is consistent with Ukiah General Plan goals, policies, and implementation programs designed to
ensure that there are a broad range of housing types and costs available in the City and that home
ownership is both obtainable and sustainable. In fact, Implementation Measure HS -6.9(b) of the
Housing Element requires City staff to provide technical assistance and guidance to tenants in
apartments and other multiple -family residential situations who desire to purchase their facilities.
The project will cause a decrease in rental stock, but this is not expected to have a substantial
effect on overall housing stocks since the conversion to townhouses would provide opportunities
for first-time buyers to acquire moderately -affordable housing. It will also allow existing single-
family homeowners to move to a smaller, maintenance -free residential unit, allowing these
residences to be sold or rented by other persons.
Ukiah Municipal Code development standards for the R-2 Zoning District require individual lot sizes
to be at least 6,000 square feet in area and 60 feet wide, and the lots proposed in this project are
substandard in both area and width. However, the rezone of the property to the Planned
Development Combining District would allow the smaller parcel sizes and widths proposed in this
project if the City Council finds that they are consistent with the General Plan and the purpose of
the Planned Development Combining District. In this case, the proposed townhouse subdivision
has been designed in a manner that is consistent with both General Plan and zoning requirements
and would not, therefore, conflict substantially with either. In particular, the proposed subdivision
will not physically divide an established community or cause any conflicts with any applicable land
use plan or policy adopted for the purpose of avoiding or mitigating an environmental effect.
D. Mitigation Measures to Off -Set Land Use Planning Impacts: None recommended.
22. MANDATORY FINDINGS OF SIGNIFICANCE:
A. Potential to Degrade: Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self sustaining levels, threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or endangered plant or animal species, or
eliminate important examples of the major periods of California history or prehistory?
YES NO X
B. Short Term: Does the project have the potential to achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-term impact on the environments one which occurs in a
relatively, brief, definitive period of time. Long-term impacts will endure well into the future).
YES NO X
Initial Study for Rezone No. 03-56 & Major Subdivision No. 03-57 13
Attachment # A- tq
C. Cumulative: Does the project have impacts that are individually limited, but cumulatively
considerable? (A project may impact on two or more separate resources where the impact on
each resource is relatively small, but where the effect on the total of those impacts on the
environment is significant).
YES NO X
D. Substantially Adverse: Does the project have environmental effects that will cause substantial
adverse effects on human beings, either directly or indirectly?
YES NO X
23. DETERMINATION: On the basis of this Initial Study:
X I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant adverse
impact on the environment, there will not be a significant effect in this case because the
mitigation measures described within the Initial Study will be incorporated into the design of the
project or required by the City of Ukiah. A MITIGATED NEGATIVE DECLARATION will be
prepared.
find that the proposed project MAY have a significant adverse impact on the
environment, and an ENVIRONMENTAL IMPACT REPORT shall be required.
Signature
Planning Director/ Environmental Coordinator
Title
Charles Stump
Print Name
Date
Initial Study for Rezone No. 03-56 & Major Subdivision No. 03-57 14
Attachment # 3- ��
RESOURCES USED TO PREPARE THIS INITIAL STUDY
1. City of Ukiah General Plan, 1995
2. General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section,
Michael W. Skenfield, October, 1991
3. Soil Survey of Mendocino County, Eastern Part, and Trinity County, Southwestern Part, California,
U.S. Department of Agriculture - Soil Conservation Service, January, 1991.
4. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). Ukiah Municipal
Airport Master Plan Report, Shutt Moen Associates, July, 1996
5. City Air Photographs: 2000, and 2001
6. Discussions with the following City staff and Agency representatives;
a. Chuck Yates, Fire Marshal
b. Cindy Sauers, Electrical Engineering Technician
c. Diana Steele, Public Works Director/City Engineer
d. Tim Eriksen, Civil Engineer
e. Rick Sands, Engineering Associate
f. Art Barclay, Police Sergeant
g. Chris Brown, Mendocino County Air Quality Management District
Initial Study for Rezone No. 03-56 & Major Subdivision No. 03-57 15
Attachment # _._..—j- �
i%
ITEM NO. 8c
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING THE SCHEDULE OF FEES AND
RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE FOR 2004/2005
The provisions of the City's franchise agreement with Solid Wastes Systems, Inc., for the
collection, transportation and disposal of garbage and the recycling of recyclable materials
within the City limits of Ukiah requires that an annual adjustment be made to the garbage and
recycling collection rates. In two of every three years, this adjustment is made by applying a
rate factor equal to 75% of the change in the U. S. Department of Labor, Bureau of Statistics,
Consumer Price Index (CPI), U. S. City Average, June to June (Contract CPI), unless the City
Council should determine otherwise at any rate hearing conducted pursuant to the Ukiah City
Code (UCC) Sections 3950-3957.
Every third year, the City Council shall conduct a rate hearing pursuant to UCC Sections 3950-
3957 to determine what, if any, adjustment should be made to the garbage collection and
recycling rates, taking into consideration the annual audits of the contractor's operations and
all other factors deemed relevant by the City Council. In fiscal year 2001/2002, the Refuse
Collection and Recycling Franchise Agreement was modified to require the implementation of
single -stream recycling with the resultant changes in the sizes of containers available for
specific containers designed for use with a mechanical arm on the collection truck. The small
(continued on page 2)
RECOMMENDED ACTION:
Adopt Resolution Establishing The Schedule Of Fees And Rates For Garbage And Recycling
Collection Services For 2004/2005.
ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action.
Citizen Advised: N/A
Requested by: Solid Wastes Systems, Inc.
Prepared by: Gordon Elton, Finance Director
Coordinated with: Candace Horsley, City Manager, City Council Solid Waste sub-
committee
Attachments: 1. Resolution and Exhibit "A" — Proposed Rates
2. Comparison of new rates with current rates
3. Current Rates
4. Rate Comparison schedule
APPROVED:
Candace Horsley, City I
Hager
ten-gallon containers were maintained to encourage recycling efforts. The fee schedule was
revised in December, 2001 to accommodate these standardized containers. The fee schedule
adopted at that time utilized the gallons per week approach to determine the fee, which
provides a simple method for computing a customer's cost. The size of the container(s) times
the number of containers times the number of pickups per week equals the number of gallons
per week. The total gallons per week times the rate per gallon for the calculated quantity
equals the monthly fee. Container sizes are: 10 gallons, 20 gallons, 32 gallons, 68 gallons,
and 95 gallons. Multiple containers are allowed for commercial customers needing more than
95 gallons per pickup. Under special circumstances, customers requiring multiple smaller
containers will be allowed.
The basic concept of promoting conservation by reducing the cost for customers who dispose
of less garbage is retained in the proposed fee schedule. The proposed fees are developed
from the existing fee schedule. Solid Waste Systems (SWS) experienced a net loss of more
than $350,000 in 2003. After considering operational and structural changes to reduce the
loss, SWS requested a rate increase sufficient to generate an additional $453,335 of revenue.
Staff met with Solid Waste Systems representatives to hear an explanation of the request.
Subsequently, staff performed an analysis of the request and presented alternate proposals to
SWS for its consideration. During this discussion and review, the rate paid by customers using
the wheeled cans (toters) was compared to the rate paid by commercial customers using one
yard or larger bins. It was identified that the cost per gallon for a garbage toter was more
than the cost per gallon for a bin. This analysis led to the proposal to have a larger
percentage increase for bins than for toters. The cost per gallon of disposal capacity in a one
and a half yard or larger bin will increase from $.292 to $.346. The cost per gallon of disposal
capacity in a 32 gallon toter will increase from $.408 to $.436. The increases for other size
containers are proportional to this example. Costs for standard sized containers are listed
below:
The charges for basic residential and commercial service levels are:
Weekly Curb Service
Current
Proposed
Change
No service -minimum fee
$ 3.45
$ 3.69
$ .24
10 -gallon container
3.45
3.69
.24
20 -gallon container
7.26
7.76
.50
32 gallon container
13.06
13.95
.89
68 gallon container
30.80
32.91
2.11
95 gallon container
43.42
46.46
3.04
Weekly Pack -out Service
Current
Proposed
Change
10 -gallon container
5.32
5.69
.37
20 -gallon container
9.12
9.74
.62
32 gallon container
15.97
17.06
1.09
68 gallon container
37.54
40.12
2.58
95 gallon container
54.15
57.86
3.71
GE: Garbage Rates 2004 agenda
Page 2
Weekly Remote Area Service
Current
Proposed
Change
10 -gallon container
10.64
11.38
.74
20 -gallon container
14.44
15.43
.99
32 gallon container
21.29
22.75
1.46
68 gallon container
42.86
45.81
2.95
95 gallon container
59.47
63.55
4.08
Weekly Bin Service
Current
Proposed
Change
1 yard bin
74.79
88.81
14.02
1.5 yard bin
88.38
104.96
16.58
2 yard bin
117.84
139.94
22.10
3 yard bin
176.76
209.91
33.15
4 yard bin
235.68
279.88
44.20
5 yard bin
294.60
349.85
55.25
6 yard bin
353.52
419.82
66.30
It is estimated that the majority of residential customers, 3,674 or 74.2% of the total customer
base, will experience less than a dollar change in cost. The remaining residential customers
will see increases between one dollar and four dollars. On the commercial side, 309 of the
commercial customers who use toters will experience the same increase as residential
customers, while 410 commercial customers will experience the larger increase proposed for
the bins.
Staff met with the Solid Waste sub -committee of the Council, Vice Mayor Baldwin and Council
member Andersen, on August 18th and discussed the SWS rate request and reviewed
discussions with SWS to that point. After questioning staff regarding various points of the
presentation, SWS discussed its costs of operation and need for the rate increase. SWS
requested that additional costs for interest expense and workers' compensation insurance be
included in the costs that the rate is intended to cover. Staff recommended to the committee
that the requested costs continue to be excluded from the recommended rate adjustment.
The proposed rates exclude the additional costs requested by SWS.
Pursuant to the provisions of the Refuse Collection and Recycling Franchise Agreement, staff
recommends adoption of the attached resolution that restructures the garbage collection and
recycling fees to a per gallon per week basis.
GE: Garbage Rates 2004 agenda Page 3
ATTACHMENT #1
RESOLUTION NO. 2005 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ESTABLISHING THE SCHEDULE OF FEES AND RATES FOR
GARBAGE AND RECYCLING COLLECTION SERVICES
FOR 2004/2005 FISCAL YEAR
WHEREAS, the City Council, under terms of its franchise agreement with Solid Wastes Systems, Inc.,
shall, every third year, conduct a rate hearing to determine what, if any, rate adjustment should be made to
the garbage collection and recycling rates; and
WHEREAS, 2004 is the third year since the City Council conducted a rate hearing to determine what, if
any, rate adjustment should be made to the garbage collection and recycling rates; and
WHEREAS, the City Council may take into consideration the annual audits of the contractor's operations
and all other factors deemed relevant by the Council; and
WHEREAS, the City Council appointed a Council committee to meet with staff and the franchisee to
prepare a recommendation for Council's consideration; and
WHEREAS, the agreement further stipulates that such adjustment shall be made effective October 1; and
WHEREAS, the City Council has determined that Solid Wastes Systems, Inc. is entitled to receive an
increase in revenue to offset increases in operating costs; and
WHEREAS, the increase necessary to provide the desired level of operational funding is 6.9% for
residential and commercial toters and 18.75% for bins;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts the
rates and rate structure for residential and commercial garbage, as set forth in Exhibit "A" attached hereto
and made part of this resolution.
BE IT FURTHER RESOLVED that the rate schedule adopted by this Resolution shall be effective
immediately and included on billings issued on or after October 1, 2004. All prior rate schedules in
conflict herewith are repealed upon the effective date of the new schedule. All other contract conditions
for service remain unaltered and in full effect and the City Clerk shall cause the publication of this
resolution in the Ukiah Daily Journal within 10 days following Council action pursuant to the provisions
of Section 3957 of the Ukiah Municipal Code.
PASSED AND ADOPTED this 1St day of September, 2004 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Marie Ulvila, Deputy City Clerk
Eric Larson, Mayor
Attachment #1 PROPOSED FEES AND RATES
Exhibit "A" FOR RESIDENTIAL AND COMMERCIAL
GARBAGE COLLECTION SERVICES
Fiscal Year 2004/2005
Curb Service rates for containers
measured ingallons) - GC
Size/ Volume
Rate per
GY10
GC10
Per Week
Rate per
Add-on
Code
From To
gallon
Fee
Curb Service rates for containers
measured ingallons) - GC
- GR
Rate per
GY10
GC10
0
0
10
$
.369
$
0
GC20
20
11
20
$
.388
$
0
GC32
$ .533
21
32
$
.436
$
0
GC68
$
33
68
$
.484
$
0
GC95
0
69
95
$
.489
$
0
GC136
GY190
96
136
$
.539
$
0
GC190
GR+ 1
137
190
$
.543
$
0
GC+
191
+ I
$
.551
$
0
Pack -out Service rates for containers
(measured ingallons) - GY
- GR
Rate per
GY10
GR10
0
10
$ .569
$
0
GY20
GR20
11
20
$ .487
$
0
GY32
GR32
21
32
$ .533
$
0
GY68
GR68
33
68
$ .590
$
0
GY95
GR95
69
95
$ .609
$
0
GY136
G R 136
96
136
$ .609
$
0
GY190
GR190
137
190
$ .629
$
0
GY+
GR+ 1
191
+ I
$ .661
$
0
Remote Area Service rates for
containers measured in galions)
- GR
Rate per
New
GR10
0
10
$
.569
+ $
5.69
GR20
11
20
$
.487+
$
5.69
GR32
21
32
$
.533
+ $
5.69
GR68
33
68
$
.590
+ $
5.69
GR95
69
95
$
.609+
$
5.69
G R 136
96
136
$
.609+
$
5.69
GR190
137
190
$
.629+
$
5.69
GR+ 1
191
+
$
.6611+
$
5.69
Curb Service Examples:
Previous
Rate per
New
No service - minimum fee *
$
3.45
$
3.69
10 gallon container
$
3.45
$
3.69
20 gallon container
$
7.26
$
7.76
32 gallon container
$
13.06
$
13.95
68 gallon container
$
30.80
$
32.91
95 gallon container
$
43.42
$
46.46
1 yard bin
$
74.79
$
88.81
1.5 yard bin
$
88.38
$
104.96
2 yard bin
$
117.84
$ 139.94
* Per City of Ukiah Municipal Code Section 4443
Resolution #2005 -
September 1, 2004
Rates for Bins (in cubicyards)
Y1 1 188.81
Y+ 1.5 + 69.97
Rates for Debris Boxes - 7 day rental (excluding
tipping fee)
Size/ Volume Per
Rate per
165.00
Week
Cubic
Code
From To
Yard
Rates for Bins (in cubicyards)
Y1 1 188.81
Y+ 1.5 + 69.97
Rates for Debris Boxes - 7 day rental (excluding
tipping fee)
B10
10 10
165.00
B15
15 15
165.00
B20
20 20
165.00
B30
30 30
165.00
B40
40 40
1 165.00
Additional $10.00 fee per day for retaining drop box more
than 7 days.
Miscellaneous & Special Services
Mi 3 yard box per dump (3 day rental)
$ 112.67
M2 Appliances
$ 18.27
M3 Tires (up to 4 automobile or
$ 3.85
motorcycle sized tires on regular
garbage collection route)
M4 Tires (5 or more automobile
$ 18.27
or motorcycle sized tires,
special trip)
M5 Large truck sized tires
$ 18.27
(special trip)
M6 Furniture and Other Items
$ 18.27
(special trip)
M7 Locking bin
$ 24.43
M8 Drop box 7 day rental, per dump**
$ 165.00
M9 Compactors, per dump
$ 141.94
** Additional $10.00 fee per day over 7 days
*** includes tipping fee
**** plus tipping fee
***** one-time setup charge
Percentage increase for bins
18.75%
Percentage increase for other services
6.90%
Garbage Rates 2004.xis Page 1 Rates
Percent
Change*
6.96°x6
6.96°x6
6.89%
6.81%
6.85°x6
7.00°x6
6.94%
6.94%
6.95%
6.80°x6
6.83°x6
6.87°x6
6.85%
6.84°x6
6.95°x6
6.86°x6
6.86°x6
6.88%
6.86%
6.84%
Attachment #2
Page 1 of 3
Garbage Rates 2004.x1s 2004 Manager Report
CITY MANAGER'S REPORT
SCHEDULE OF FEES AND RATES
FOR GARBAGE AND RECYCLING COLLECTION
SERVICES
FOR THE 2004/2005 FISCAL YEAR
COMPARED TO PRIOR
YEAR
Old
Old
Current
New
Rate
Rate
Gallons
Customer
Monthly
Monthly
Change
Code
Code
Service Description
per week
Count
Rate
Rate
In Rate
RESIDENTIAL
10/1/2004
Basic Rate (Municipal Code section 4443)
$ 3.45
$
3.69
$ .24
Curb Service
GC10
GA1
1-10gal
10
499
$ 3.45
$
3.69
.24
GC20
GA10
1-20gal
20
452
7.26
$
7.76
.50
GC32
GA2
1-32gal
32
2,719
13.06
$
13.95
.89
GC68
GA3
1-68gal
68
469
30.80
$
32.91
2.11
GC95
GA4
1-95gal
95
59
43.42
$
46.46
3.04
GC127
G109
1-95 gal & 1-32 gal
127
1
64.01
$
68.45
4.44
GC136
GA24
2-68gal
136
3
68.54
$
73.30
4.76
Pack -out Service
GY10
GA20
1-10gal
10
-
$ 5.32
$
5.69
.37
GY20
GA14
1-20gal
20
1
9.12
$
9.74
.62
GY32
GA5
1-32gal
32
3
15.97
$
17.06
1.09
GY68
GA6
1-68gal
68
-
37.54
$
40.12
2.58
GY95
1-95gal
95
-
54.15
$
57.86
3.71
GY136
GA9
2-68gal
136
-
77.52
$
82.82
5.30
Remote Area Service (BGR - small truck service)
GR10
GA74
1-10gal
10
2
$ 10.64
$
11.38
.74
GR20
GA75
1-20gal
20
1
14.44
$
15.43
.99
GR32
GA70
1-32gal
32
20
21.29
$
22.75
1.46
GR68
GA71
1-68gal
68
4
42.86
$
45.81
2.95
GR95
GA72
1-95gal
95
-
59.47
$
63.55
4.08
G R 136
GA73
2-68gal
136
-
82.84
$
88.51
5.67
Total
4,233
* Variations in
the percent of increase are due to rounding.
Percent
Change*
6.96°x6
6.96°x6
6.89%
6.81%
6.85°x6
7.00°x6
6.94%
6.94%
6.95%
6.80°x6
6.83°x6
6.87°x6
6.85%
6.84°x6
6.95°x6
6.86°x6
6.86°x6
6.88%
6.86%
6.84%
Attachment #2
Page 1 of 3
Garbage Rates 2004.x1s 2004 Manager Report
CITY MANAGER'S REPORT Attachment #2
SCHEDULE OF FEES AND RATES Page 2 of 3
FOR GARBAGE AND RECYCLING COLLECTION SERVICES
FOR THE 2004/2005 FISCAL YEAR
COMPARED TO PRIOR YEAR
Old Old Current New
$ 17.09
$
Rate Rate Gallons Customer Monthly Monthly
Change
Percent
Code Code Service Description per week Count Rate Rate
In Rate
Change
COMMERCIAL SERVICE
$ .25
6.94% each
All commercial rates are the same as residential rates. If no corresponding residential rate is established, the rate is determined by the number
of yards or gallons per week times the rate per yard or gallon as listed on Exhibit "A" of Resolution 2005-
1-1 yd 18 $ 74.79 $ 88.81
$ 14.02
18.75%
All other sizes:
Tires (5 or more automobile or motorcycle sized tires,
$ 17.09
Rate per yard per week 392 $ 58.92 $ 69.97
$ 11.05
18.75%
EXAMPLES OF COMMERCIAL RATE:
special trip)
1 yard bin - picked up 1 time per week = 1 yard a@ $74.79 = $74.79 per month
2 yard bin - picked up 4 times per week = 8 yards @ $559.76 = $559.76 per month
Large truck sized tires (special trip)
$ 17.09
Extraordinary rates and Special Services
18.27
$ 1.18
DROP BOXES
Furniture and Other Items (special trip)
$ 17.09
Special 3 -day rental
18.27
$ 1.18
3 yard box per dump $ 105.40 $ 112.67
$ 7.27
6.90% includes tipping fee
Weekly - 7 -day rental
24.43
$ 1.58
All sizes - per dump $ 154.39 $ 165.00
$ 10.61
6.87% Plus tipping fee
Additional $10.00 fee per day for retaining drop box more than 7 days.
labor cost. Such rates shall be approved by the City Manager with ratification by the City
Compactors, per dump $ 132.78 $ 141.94
$ 9.16
6.90% Plus tipping fee
Special Services- Call-in pickup and disposal
Appliances
$ 17.09
$
18.27
$ 1.18
6.90% Plus tipping fee
Tires (up to 4 automobile or motorcycle sized tires on regular
$ 3.60
$
3.85
$ .25
6.94% each
garbage collection route)
Tires (5 or more automobile or motorcycle sized tires,
$ 17.09
$
18.27
$ 1.18
6.90% Plus tipping fee
special trip)
Large truck sized tires (special trip)
$ 17.09
$
18.27
$ 1.18
6.90% Plus tipping fee
Furniture and Other Items (special trip)
$ 17.09
$
18.27
$ 1.18
6.90% Plus tipping fee
Locking bin
$ 22.85
$
24.43
$ 1.58
6.91 % one-time setup charge
Special service rates may be established based on the current disposal
charge
plus equipment and
labor cost. Such rates shall be approved by the City Manager with ratification by the City
Council.
Garbage Rates 2004.xis 2004 Manager Report
CITY MANAGER'S REPORT Attachment #2
SCHEDULE OF FEES AND RATES Page 3 of 3
FOR GARBAGE AND RECYCLING COLLECTION SERVICES
FOR THE 2004/2005 FISCAL YEAR COMPARED TO PRIOR YEAR
* Variations in the percent of increase are due to rounding.
Garbage Rates 2004.xls 2004 Manager Report -Commercial
Current
New
Customer
Monthly
Monthly
Change
Percent
Code Description
Count
Rate
Rate
In Rate
Change*
Can
1420
10 GAL CAN 1M/K
3
3.45
3.69
0.24
6.96%
Can
1421
20 GAL CAN 1/WK
4
7.26
7.76
0.50
6.89%
Can
1401
32 GAL CAN 1/WK
116
13.06
13.96
0.90
6.89%
Can
1401
2-32 GAL CANS 1/WK
3
26.12
27.92
1.80
6.89%
Can
1402
68 GAL CAN 1/WK
72
30.80
32.93
2.13
6.92%
Can
1401
3-32 GAL CAN 1M/K
4
39.18
41.88
2.70
6.89%
Can
1403
95 GAL CAN 1/WK
67
43.42
46.42
3.00
6.91%
Can
1441
32 GAL CAN 3/WK
1
48.32
51.65
3.33
6.89%
Can
4-32 GAL CANS 1/WK
6
52.24
55.84
3.60
6.89%
Can
1401
5-32 GAL CANS 1/WK
1
65.30
69.81
4.51
6.91%
Can
1405
2-68 GAL CANS 1/WK
4
68.45
73.17
4.72
6.90%
Can
1432
68 GAL CAN 2/WK
1
68.45
73.17
4.72
6.90%
Bin
1311
1YD 1/WK
18
74.79
88.81
14.02
18.75%
Can
1403
2-95 GAL CAN 1/WK
1
86.84
92.83
5.99
6.90%
Bin
1301
1.5YD 1/WK
106
88.38
104.95
16.57
18.75%
Can
7-32 GAL CAN 1/WK
1
91.42
97.73
6.31
6.90%
Can
1406
2-95 GAL CANS 1/WK
20
96.42
103.07
6.65
6.90%
Can
95 GAL CAN 2/WK
1
96.42
103.07
6.65
6.90%
Can
1401
8-32 GAL CAN 1/WK
1
104.48
111.69
7.21
6.90%
Can
1443
95 GAL CAN 3/WK
1
117.28
125.37
8.09
6.90%
Bin
1321
2YD 1/WK
87
117.84
139.94
22.10
18.75%
Bin
1331
3YD 1/WK
57
176.76
209.90
33.14
18.75%
Bin
1302
1.5YD 2/WK
4
176.76
209.90
33.14
18.75%
Bin
1301
2-1.5YD 1/WK
2
176.76
209.90
33.14
18.75%
Can
1402
6-68 GAL CANS 1/WK
1
184.80
197.55
12.75
6.90%
Can
1433
2-95 GAL CAN 2/WK
1
192.84
206.15
13.31
6.90%
Bin
1341
4YD 1/WK
25
235.68
279.87
44.19
18.75%
Bin
1322
2YD 2M/K
16
235.68
279.87
44.19
18.75%
Bin
1321
2-2YD 1/WK
4
235.68
279.87
44.19
18.75%
Bin
1332
3YD 2/WK
25
353.52
419.81
66.29
18.75%
Bin
1361
6YD 1/WK
7
353.52
419.81
66.29
18.75%
Bin
1323
2YD 3/WK
6
353.52
419.81
66.29
18.75%
Bin
1304
1.5YD 4/WK
1
353.52
419.81
66.29
18.75%
Bin
1331
2-3YD 1/WK
3
353.52
419.81
66.29
18.75%
Bin
1321
3-2YD 1/WK
1
353.52
419.81
66.29
18.75%
Bin
1305
1.5YD 5/WK
1
441.90
524.76
82.86
18.75%
Bin
1342
4YD 2/WK
10
471.36
559.74
88.38
18.75%
Bin
1322
2-2YD 2/WK
1
471.36
559.74
88.38
18.75%
Bin
1341
2-4YD 1/WK
1
471.36
559.74
88.38
18.75%
Bin
1333
3YD 3/WK
6
530.28
629.71
99.43
18.75%
Bin
1331
3-3YD 1/WK
1
530.28
629.71
99.43
18.75%
Bin
1321
5-2YD 1/WK
1
589.20
699.68
110.48
18.75%
Bin
1343
4YD 3/WK
8
707.04
839.61
132.57
18.75%
Bin
1334
3YD 4/WK
2
707.04
839.61
132.57
18.75%
Bin
1362
6YD 2/WK
2
707.04
839.61
132.57
18.75%
Bin
1332
2-3YD 2/WK
4
707.04
839.61
132.57
18.75%
Bin
1322
3-2YD 2/WK
1
707.04
839.61
132.57
18.75%
Bin
1341
3-4YD 1/WK
1
707.04
839.61
132.57
18.75%
Bin
1342
2-4YD 2/WK
2
942.72
1,119.48
176.76
18.75%
Bin
1363
6YD 3M/K
2
1,060.56
1,259.42
198.86
18.75%
Bin
1336
3YD 6/WK
1
1,060.56
1,259.42
198.86
18.75%
Bin
1341
5-4YD 1/WK
1
1,178.40
1,399.35
220.95
18.75%
Bin
1342
3-4YD 2/WK
1
1,414.08
1,679.22
265.14
18.75%
Bin
1346
2-4YD 6/WK
2
2,828.16
3,358.44
530.28
18.75%
COMMERCIAL
BILLING
719
2004 AVERAGE PER MONTH
COMPACTORS
9
132.78
141.94
9.16
6.90%
PERMANENT DEBRIS BOXES
20
154.39
165.00
10.61
6.87%
TEMPORARY DEBRIS BOXES
29
154.39
165.00
10.61
6.87%
* Variations in the percent of increase are due to rounding.
Garbage Rates 2004.xls 2004 Manager Report -Commercial
RATES FOR GARBAGE COLLECTION SERVICES
Fiscal Year 2003/2004
Percentaae rate increase -
Curb Service rates for containers
(measured ingallons) - GC
Size/ Volume
Rates
GY10
Lookup
Per Week
Rate per
Add-on
Code
From To
gallon
Fee
Curb Service rates for containers
(measured ingallons) - GC
Sample
Rates
GY10
GC10
0
0
10
$
.345
$
0
GC20
20
11
20
$
.363
$
0
GC32
$ .499
21
32
$
.408
$
0
GC68
$
33
68
$
.453
$
0
GC95
0
69
95
$
.457
$
0
GC136
GY190
96
136
$
.504
$
0
GC190
191
137
190
$
.508
$
0
GC+
$
191
+
$
.515
$
0
Pack -out Service rates for containers
(measured ingallons) - GY
Sample
Rates
GY10
0
0
10
$ .532
$
0
GY20
11
11
20
$ .456
$
0
GY32
21
21
32
$ .499
$
0
GY68
33
33
68
$ .552
$
0
GY95
69
69
95
$ .570
$
0
GY136
96
96
136
$ .570
$
0
GY190
137
137
190
$ .588
$
0
GY+
191
191
+
$ .618
$
0
Remote Area Service rates for
containers(measured ingallons) - GR
Sample
Rates
GR10
0
10
$
.532
+ $
5.32
GR20
11
20
$
.456+
$
5.32
GR32
21
32
$
.499+
$
5.32
GR68
33
68
$
.552
+ $
5.32
GR95
69
95
$
.570
+ $
5.32
GR136
96
136
$
.570+
$
5.32
GR190
137
190
$
.588
+ $
5.32
GR+ 1
191
+ I
$
.6181+
$
5.32
Examples:
Sample
Rates
No service - minimum fee *
$
345.00
10 gallon container
$
345.00
20 gallon container
$
726.00
32 gallon container
$
13.06
68 gallon container
$
30.80
95 gallon container
$
43.42
1 yard bin
$
74.49
1.5 yard bin
$
88.38
2 yard bin
$
117.84
Attachment #3
Rates for Bins (in cubicyards)
Y1 1 1 74.79
Y+ 1.5 + 58.92
Rates for Debris Boxes - 7 day rental (excluding
tipping fee)
Size/ Volume Per
10 10
Lookup
Week
Rate per
Code
From To
Cubic Yard
Rates for Bins (in cubicyards)
Y1 1 1 74.79
Y+ 1.5 + 58.92
Rates for Debris Boxes - 7 day rental (excluding
tipping fee)
B10
10 10
154.39
B15
15 15
154.39
B20
20 20
154.39
B30
30 30
154.39
B40
40 40
154.39
Additional $10.00 fee per day for retaining drop box more
than 7 days.
* Per City of Ukiah Municipal Code Section 4443
Garbage Rates 2004.xis Page 1 Attachment #1 Prior Yr
Miscellaneous & Special Services
M1
3 yard box per dump (3 day rental)
$
105.40
M2
Appliances
$
17.09
M3
Tires (up to 4 automobile or
$
3.60
motorcycle sized tires on regular
garbage collection route)
M4
Tires (5 or more automobile
$
17.09
or motorcycle sized tires,
special trip)
M5
Large truck sized tires
$
17.09
(special trip)
M6
Furniture and Other Items
$
17.09
(special trip)
M7
Locking bin
$
22.85
M8
Drop box 7 day rental, per dump
$
154.39
M9
Compactors, per dump
$
132.78
** Additional $10.00 fee per day over 7 days
*** includes
tipping fee
****
plus tipping fee
***** one-time setup charge
* Per City of Ukiah Municipal Code Section 4443
Garbage Rates 2004.xis Page 1 Attachment #1 Prior Yr
Rate Comparison to other Areas
Service Area
32 gal.
68 gal.
95 gal
2Y Bin
Willits (County)
28.29
44.85
56.92
240.13
Fort Bragg
19.05
38.10
57.15
190.00
Ukiah Valley
(County)
16.36
32.72
49.08.
198.08
Lakeport
15:00
30.00
45.00
147.50
Willits (City)
14.50
31.27
48.03
168.22
Ukiah.— Proposed
13.95
32.91
46.46
139.94
Ukiah -- Current
13.06
30:80
43.42
117.84
ITEM NO: 9a
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: STATUS REPORT CONCERNING THE COMMUNITY DESIGN FORUM EVENT
SUMMARY: At its August 18th meeting, the City Council requested a status report concerning the
planning effort for a community design forum event. This Agenda item provides that status report.
A Design Forum Committee was formed and has met several times to establish the purpose and goal of
the event, as well as what the event will consist of. To date, the Committee has established the
following:
Purpose and Goal: The purpose of the Community Design Forum project is to work with property
owners, developers, architects, business owners, and other interested groups and individuals to identify
community planning and design problems and issues, and to find solutions. The goal is to improve the
aesthetics and overall livability of our community.
Process: The following possible "events" have been identified:
Step 1: A film series focusing on community planning and design
Step 2: Panel discussions with guest speakers from other communities
Step 3: A public discussion of issues and solutions
Step 4: A public discussion of community design options and alternatives
(continued on page 2)
RECOMMENDED ACTION: Receive report.
ALTERNATIVE COUNCIL POLICY OPTION: N/A
Citizen Advised: Design Forum Planning Committee advised
Requested by: City Council
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments: None
APPROVED:
Candace Horsley, City Ma ager
ITEM NO. 10a
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENT TO THE PARKS,
RECREATION, AND GOLF COMMISSION
The City Clerk's office provided a News Release extending the deadline announcing one vacancy on
the Parks, Recreation, and Golf Commission, and as of the extended August 15 thdeadline, only one
application was received. Presented to Council at this time is an application for appointment to the
Parks, Recreation, and Golf Commission by Mr. Jonah Freedman.
Per Resolution No. 2001-61, Council is to conduct interviews of applicants for the Parks, Recreation
and Golf Commission, however, since there is only one applicant for this vacancy, Council has opted
to forego the interview process and contact Mr. Freedman if they have any questions. The
responsibility for the first nomination at this time is Councilmember Rodin.
RECOMMENDED ACTION: Adopt Resolution making appointment to the Parks, Recreation, and Golf
Commission to fill the term of office of a Ukiah resident expiring June 30, 2007.
ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re -advertise for the vacancy.
Citizen Advised: Applicant notified.
Requested by: Ukiah City Council
Prepared by: Marie Ulvila, Deputy City Clerk
Coordinated with: Candace Horsley, City Manager and Gordon Elton, City Clerk
Attachments: 1. Resolution making appointment to the Parks, Recreation, and Golf
Commission
2. Terms of City of Ukiah Boards and Commissions
3. News Release
4. Application submitted by Jonah Freedman
F.111
Candace Horsley, City Makager
ASR: Commission Appointment -Parks, Rec Aug 2004
ATTAr�l7'..L
RESOLUTION NO. 2005 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH MAKING APPOINTMENT TO THE
PARKS, RECREATION, AND GOLF COMMISSION
WHEREAS, the annual expiration of terms for City Commissions occurred on June
30, 2004; and
WHEREAS, one vacancy on the Parks, Recreation, and Golf Commission was duly
advertised until the close of applications on August 13, 2004, with one submitted
application timely received; and
WHEREAS, the City Council waived the interview process for the one applicant and
their application was forwarded to the City Council for consideration.
NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approved the
nomination submitted per procedures outlined in Resolution No. 2001-61, and does hereby
appoint to the term expiring on June 30, 2007 on the Parks,
Recreation, and Golf Commission.
PASSED AND ADOPTED this 1 st day of September, 2004, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Marie Ulvila, Deputy City Clerk
Eric Larson, Mayor
Resolution 2005 -
Page 1 of 1
ATTACHMENT oG_.
TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS
As of July 7, 2004
Date Present Term
Appointed Expires
Investment Oversight Committee - Public Member 2 -year term - (Smith*)
Roy Smith - City Councilmember
Mari Rodin — City Councilmember
Candace Horsley - City Manager
Gordon Elton - Finance Director
Allen Carter - City Treasurer, Chair
Monte Hill - Public Member 6/30/02 6/30/04
Library Advisory Commission - City Representative
Councilmember - Philip Baldwin
Parks, Recreation, and Golf Commission — 3-vear term** - (Rodin
Shirley Ann Dietrich —Women's Golf Club
7/17/02
6/30/05
**Melody Ann Valles - Public Member
7/17/02
6/30/05
**Fredrick Koeppel — Public Member
7/17/02
6/30/05
Chamise Cubbison
7/7/04
6/30/07
Robert Beltrami, Interim Chairman
7/7/04
6/30/07
Joe Chiles _Men's Golf Club
7/7/04
6/30/07
Jon Henderson
7/05/98
6/30/04
** Two Commissioners may reside within the Sphere of Influence
Paths, Open Space, & Creeks Commission (POSCO): Smith
** Two Commissioners may reside within the Sphere of Influence
*Planning Commission -3 year term - (Larson*)
Date Appointed
Term Expires
James Connerton
5/21/03
6/30/05
Howell Hawkes
5/21/03
6/30/06
*Dan Holbrook
5/21/03
6/30/05
*Fred Koeppel
5/21/03
6/30/06
William Randolph
5/21/03
6/30/06
** Two Commissioners may reside within the Sphere of Influence
*Planning Commission -3 year term - (Larson*)
Date Appointed
Term Expires
James Mulheren, Chairman
7/17/02
61/1/05
Kathleen Edwards, Vice -Chair
7/17/02
6MGM5-1/1/05
Robert Wallen
7/05/01
6/3Q/A4-1/1/05
Kevin Jennings
7/16/03
6/3GAM-1/1/05
Jennifer Puser
7/16/03
W39AM-1/1/05
*Effective January 1, 2005, each Planning Commission
appointment will
be made by individual City Council
members
Traffic Engineering Committee - (Andersen*)
Appointment
Term Expires
Benjamin Kageyama (Public Rep.), Chairman
10/06/99
Kevin T. Cotroneo (Public Rep.)
11/07/01
Doug Pilant (MTA Rep.)
11/07/01
Risk Manger — Mike Harris
City Engineer - Diana Steele
Deputy Public Works Director - Rick Seanor
Police Captain - Dan Walker
Associate Planner - Dave Lohse
Superintendent of Public Works — Temporary until filled: Diana Steele, Public Works Director
Terms: July 7, 2004
Page 2 of 2
ATTACHMENT .J i !ity aj Uk ia It
NEWS RELEASE
OPPORTUNITY TO SERVE YOUR COMMUNITY
DATE: August 5, 2004
FOR RELEASE: Immediately
SUBJECT: Extended Deadline for Filing Application to the City of Ukiah
Parks, Recreation, and Golf Commission
CONTACT: Marie Ulvila, Deputy City Clerk, 463-6217
U KIAH, CA. - The City of Ukiah announces that the deadline for filing an application to the
Ukiah Parks, Recreation, and Golf Commission has been extended from August 5, 2004 to
August 13, 2004. Any qualified individual, who would like to make a difference in their
community and is interested in serving as a volunteer for the terms as outlined below, may
apply for this vacancy.
COMMISSION
NUMBER OF
LENGTH OF
RESIDENCY REQUIREMENT
VACANCIES
TERM
Parks, Recreation, and Golf
1
3 Years
1 -City Resident
Commission
Applications are located at the reception counter in the administration wing of the Ukiah
Civic Center, 300 Seminary Avenue, Ukiah, or call 463-6217 for an application to be
mailed, faxed, or emailed to you. The submittal deadline is Friday, August 13, 2004, at
noon. Interviews for selected commissions will be held and appointments considered at
the regular City Council meeting of September 1, 2004.
Marie Ulvila, Deputy City Clerk
If you have any questions regarding the election process, please contact Deputy City Clerk
Marie Ulvila at 463-6217.
KUKI/KIAH KPFM KMFB Press Democrat
KWNE KOZT KNTI Ukiah Daily Journal
KFW U KZYX
PR: Commission Vacancies August 2004 Parks
AXE
AXE �
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com
CITY OF UKIAH
tTTACFfmEN�
APPLICATION OR AP OINTMENE C E U E
PARKS, RECREATION & GOLF COMMI N
Date L -z_ -!6c( AUG 3 2004 LJ
CIN OF UKIAH
I am applying for an appointment to the City of Ukiah's Parks, cre EW AaOMMIss
1. Name joy A4 FZ_,5;,4_t n,j
2. Residence Address L0.-7_;-- Res. Phone '?
3. Business Address
Bus. Phone
4. Employer 6:�Tr2ea> Job Title Employed Since
5. How long have you resided in Ukiah? Z years; Mendocino CountytLyears; Calif.? 2 _years
6. Please list community groups or organizations you are affiliated with and indicate any offices
held Uo c.to s�.e �2A-,�,� z ��E C,4, 610r,04K% r_64H /��•� �s�s
4A
Please answer the following questions on separate sheets of paper and attach to application.
7. Why are you applying to serve on the City of Ukiah's Parks, Recreation and Golf Commission?
8. What is your understanding of the purpose, role and responsibility of the Parks, Recreation and
Golf Commission?
9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to
the work of the Parks, Recreation and Golf Commission?
10. What do you believe is the single most important parks, recreation, and golf issue facing our
community? And why?
11. In your opinion what type or types of parks development or recreational and golf programs
should the City encourage?
12. In your opinion what type or types of parks development or recreational and golf programs
should the City discourage?
13. What kind of ideal community do you envision for Ukiah?
14. Are there any other City of Ukiah Committees/Commissions in which you are interested and on
which you would be willing to serve?
Please return this application and attachments to the City Clerk by Noon on Thursday, August 51
20_04_ Thank you for your interest in serving the City of Ukiah.
Signature(; 4� 17b -'&V
z
City of 94ah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Phone: 463-6217 Fax: 463-6204
Forms: Parks, Recreation & Golf Commission Application
Revised: 5/20/04
August 2, 2004
7. I have lived in Ukiah since January 2004 and been able to utilize with much
enjoyment the various city recreational services, especially the golf course.
As a retiree, these services are very important to me and allow me to enjoy
much that Ukiah has to offer. I would enjoy being part of the group that
continues to oversee them.
8. As an oversight group providing for the direction, improvement, and the
changes that are necessary to maintain optimum service to the people of
Ukiah.
9. I grew up within the programs provided by the city recreational activities in
my community (little league, swimming; basketball, and an open gyre) and
then saw my own children, through these, especially in the soccer and
swimming programs. So, I understand these programs through the eyes of a
participant and as a parent, appreciate them, and know they need to be
monitored and nurtured. I believe they are an incredible asset to any city. As
a regular golfer here (2 times/week), I believe I have much to offer and
understand the benefits of such a great resource.
10. Access to all who wish to enjoy them; careful regulation of our parks
resources so that all can enjoy them equally; continuing strong maintenance
and upkeep of these resources. Specifically, at the Todd Grove Park on the
weekends, I would like to see some way to control the music noise level so
that those who are at the park for a quiet; peaceful time are not run out by the
noise level (with the exception of the Sunday concert in the park).
1 1. I would like to see if it is possible to open the swimming pool earlier in the
day for lap swimmers to work out prior to going to work or for those who
simply want to get a jump on their day. I also think there may be a place for a
children's swimming program for those interested in participating at a higher
level of swimming competence.
12. I have been in Ukiah too short a time to have knowledgeable opinions about
this. As a golfer, I would like to see the local tournaments (with the exception
of the well-run high school and other junior tournaments) run a little better.
ITEM NO: 10b
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION OF ORDINANCE CREATING NEW ARTICLE 17 TO
THE UKIAH CITY CODE, ENTITLED GREASE INTERCEPTORS:
INSTALLATION AND DISPOSAL OF WASTE
This provision of the code was prepared to reduce operation and maintenance costs to the
City's Wastewater Treatment Plant and collections system, reduce sewer overflows, and
minimize associated risk of fines and penalties from the Regional Water Quality Control
Board and Environmental Protection Agency (EPA). This ordinance prohibits the
discharge of fats, oils and grease to the City sewer system and treatment plant. It requires
the installation and maintenance of properly sized grease interceptors and/or traps, and
allows for the permitting, monitoring and inspection of facilities using fats, oils, and grease
in significant quantities.
Article 17 fulfills requirements anticipated in the next National Pollutant Discharge
Elimination System permit. The permit will require proper grease interceptor programs be
established for the permit approval process.
RECOMMENDED ACTIONS:
1. Introduce by title only ordinance creating Article 17 of the Ukiah Municipal Code
regarding Grease interceptors.
2. Introduce ordinance creating Article 17 of the Ukiah Municipal Code regarding
Grease interceptors.
ALTERNATIVE COUNCIL POLICY OPTIONS: Discuss and provide alternate direction
to staff.
Citizens Advised: N/A
Requested by: Bernie Ziemianek, Public Utilities Director
Prepared by: Jerry Gall, Wastewater Treatment Plant Supervisor
Coordinated with: Candace Horsley, City Manager
Attachments: Ordinance for introduction.
Approved:.
Candace Horsley, City anager
ORDINANCE NO. Attwhmwt #, k �_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH RENUMBERING
ARTICLE 17 OF CHAPTER 2 OF DIVISION 3 OF THE UKIAH CITY CODE, AS
ARTICLE 18, AND ADOPTING A NEW ARTICLE 17, ENTITLED: GREASE
INTERCEPTORS, INSTALLATION AND DISPOSAL OF WASTE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 17 of Chapter 2, Division 3 of the Ukiah City Code is hereby renumbered as
Article 18.
SECTION TWO.
A new Article 17 is hereby added to Chapter 2, Division 3 of the Ukiah City Code to
read as follows:
ARTICLE 17. GREASE INTERCEPTORS, INSTALLATION AND DISPOSAL OF
WASTE
SECTION:
§3798A
Purpose, Policy and Administration
§3798B
Administration
§3798C
Definitions
§3798D
Specialized Definitions
§3798E
Applicability
§3798F
Compliance date
§3798G
Discharge criteria
§3798H
Requirements of Grease Interceptors
§37981
Grease Interceptor Construction
§3798J
Service/Inspection Ports and Monitoring Ports
§3798K
Under the Sink Grease Interceptors
§3798L
Interceptor Maintenance
§3798M
Permit Requirements
§3798N
Required Reporting
§378NO
Grease Interceptor Treatment Products
§3798P
Mobile Treatment Processes
§3798Q
Facility Closure
§3798R
Monitoring, Inspection and Entry
§3798S
Timing
§3798T
Fees
§3798U
Violation
§3798V
Authorization
§3798W
Severability
ORDINANCE NO.
PAGE 1 OF 25
§3798A: PURPOSE, POLICY, AND ADMINISTRATION:
(a) The purpose of this Article is the regulation of the generation and disposal of
grease interceptor waste for the protection of the City of Ukiah Sewage Treatment Plant
("Plant") and the environment.
(b) The objective of this Article is to reduce the operational and maintenance costs
of maintaining the PLANT and ensure compliance of its' NPDES permit by preventing the
accumulation of grease within the collection system lines.
(c) This Article shall apply to the City of Ukiah and to persons outside the City who,
by contract or agreement with the City, are users of the City's PLANT.
§379813: ADMINISTRATION:
(a) Except as otherwise provided herein, the Superintendent under the authority and
supervision of the Director shall administer, implement, and enforce the provisions of this
Article.
(b) The Superintendent, the City Manager, the Director, and the Director of
Planning, and persons designated and under the instruction and supervision of any of them,
may investigate compliance with this Article.
§3798C: DEFINITIONS:
Unless a provision explicitly states otherwise, terms and phrases as defined in Section
3700.0 of this Code shall apply to the extent that they are not in conflict with the provisions of
this Article.
§3798D: SPECIALIZED DEFINITIONS:
Unless otherwise expressly stated or the context clearly indicates a different intention,
the following terms shall, for the purpose of this Article, have the meanings indicated in this
section:
"Adequately sized grease interceptor" shall mean an interceptor that does not allow a
discharge of Oil and Grease, or otherwise has not been found by the Director to be
contributing grease in quantities sufficient to cause PLANT line stoppages or necessitate
increased maintenance on the PLANT in order to keep line stoppages from occurring.
"Approved" shall mean accepted as satisfactory under the terms of this Article and
given formal and official sanction by the Director.
"Biological pretreatment service" shall mean the application of any additive or enzyme
or the use of any other biological means to digest waste in an interceptor that discharges into
ORDINANCE NO.
PAGE 2 OF 25
a public sewer system within the City.
"Director" shall mean the Director of the Public Utilities Department, his duly authorized
deputy, agent or representative, or another person designated by the City Manager.
"Discharge" shall mean the introduction of waste into a PLANT.
"Disposal" shall mean the discharge, deposit, injection, dumping, spilling, leaking or
placing of any solid or semi-solid grease interceptor waste, grit interceptor waste, and/or
sewage into or on any land or water so that such waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any waters, including ground
waters.
"Emulsifiers" and/or "De -emulsifiers" shall mean any substance or substances which,
when added or placed into a grease trap or grease interceptor, will form an oily substance to a
milky fluid in which the fat globules are in a very finely divided state and are held in
suspension, giving it the semblance of a solution; as the homogenization of milk emulsifies the
fat with the whey forming a smooth milk product.
"Existing facility" shall mean any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of which started before the
adoption of this Article.
"Fats" shall mean substances that are primarily fatty acid esters of the alcohol glycerol,
also called acylglycerols, neutral fats, natural fats, or glycerides. They are the major
components of depot, or storage, fats in plant and animal cells, especially in the adipose (or
fat) cells of vertebrates. This term may include any synthesized substance of a like nature.
"Food courts" shall mean areas predominantly found in shopping centers or
amusement parks and festivals where several food preparation establishments having
different owners may be sharing seating space and/or plumbing facilities.
"Food service facility" shall mean any nonresidential establishment that uses or
generates grease when preparing food. Food service facility does not include any facility that
prepares food for off-site cooking and consumption, or any facility that does not use, generate
or dispose of grease in cooking or preparing food.
"Garbage grinder" shall mean a device, which shreds or grinds up solid or semisolid
waste materials into smaller portions for discharge into the PLANT.
"Generator" shall mean a facility that causes, creates, generates, stores, or otherwise
produces waste from on-site process operations, whether domestically or commercially
generated, or as a byproduct of some domestic or non-domestic activity. The generator is
responsible for assuring that the produced waste is disposed of in accordance with all Federal,
State and local disposal regulations.
"Grease" shall mean fats, waxes, free fatty acids, calcium and magnesium soaps,
mineral oils and certain other non -fatty material from animal or vegetable sources, or from
ORDINANCE NO.
PAGE 3 OF 25
hydrocarbons of petroleum origins, commonly found in wastewater from food preparation and
food service. Grease may originate from, but not be limited to, discharges from scullery sinks,
pot and pan sinks, dishwashing machines, soup kettles and floor drains located in areas
where grease -containing materials may exist.
"Grease interceptor" or "interceptor" shall mean a water -tight receptacle utilized by
commercial or industrial generators of liquid waste to intercept, collect, and restrict, the
passage of grease and food particles into the PLANT to which the receptacle is directly or
indirectly connected, and to separate and retain grease and food particles from the
wastewater discharged by a facility.
"Grease interceptor waste" shall mean any grease, food particles, or organic or
inorganic solid or semisolid waste collected and intercepted by a grease interceptor, usually in
layers of floatable, suspended, and settleable substances, which are ultimately removed from
a grease interceptor for proper disposal. All layers must be removed for disposal.
"Incompatible wastes" shall mean wastes that have different processing, storage or
disposal requirements, or whose mixture would inhibit the proper disposal or treatment of each
type of waste, or wastes that if mixed may cause a dangerous chemical or physical reaction,
including, but not limited to, grease interceptor waste and grit interceptor waste, grease
interceptor waste and septic tank waste, seepage and hazardous waste, or any combination or
combinations thereof.
"Inspection port" shall mean openings, with easily opened covers, designed to allow
inspectors quick access to the inlet flow control device, each compartment of the grease
interceptor, and the effluent from the interceptor. A monitoring port is an inspection port large
enough to allow temporary installation of monitoring devices such as samplers, strip recorders,
flow meters, or other such measuring and/or monitoring devices.
"Inspector' shall mean the Superintendent, the Director of Public Works, the Director of
Planning and person or persons designated and under the instruction and supervision of any
of them, who are assigned to investigate compliance and detect violations of this Article.
"Manager" shall mean the person, regardless of actual title, immediately on-site at a
location conducting, supervising, managing, or representing the activities of a Food service
facility
"May not" shall mean prohibit.
"New facility" shall mean:
(1). Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the adoption
of this Ordinance, provided that:
a. The building structure, facility, or installation is constructed at a site at
which no other source is located; or
ORDINANCE NO.
PAGE 4 OF 25
b. The building, structure, facility, or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing course; or
C. The production processes or wastewater generating processes of the
building, structure, facility, or installation are substantially independent of
an existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing
source, should be considered; or
d. Any remodeling or modification that results in a new facility as determined
by the Inspection Division of the Department of Planning
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility, or installation meeting the criteria of subsection (1)
above, but otherwise alters, replaces, or adds to existing process or production
equipment.
(3) Construction of a new source as defined under this paragraph has commenced if
the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction
program any placement, assembly, or installation of facilities or
equipment; or significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities
or equipment, which are intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this paragraph.
"NPDES" shall mean National Pollutant Discharge Elimination System as administered
by the North Coast Regional Water Quality Control Board for the United States Environmental
Protection Agency.
"Oil and grease" shall mean any material, but particularly biological lipids and mineral
hydrocarbons, recovered as a substance soluble in an organic extracting solvent using an
appropriate analytical method approved under 40 CFR §136. It also includes other material
extracted by the solvent from an acidified sample and not volatilized during the extraction
procedure.
ORDINANCE NO.
PAGE 5 OF 25
"Permittee" shall mean a person issued a permit under this article, including any agent,
servant, or employee of the permittee.
"PLANT" shall mean publicly -owned treatment works of the City, a treatment works as
defined by Section 212 of the Clean Water Act (33 U.S.C. 1292), including the entire facilities for
collecting, transporting, pumping, treating, and disposing of domestic and industrial
wastewaters, located within and outside the City limits and either owned, operated,
maintained, or controlled by the City.
"Reasonable hours" shall mean any time during which a facility is open for business to
the public. It shall also include those times when a facility is closed to the public when a
manager, employees, and/or contractors are present at the facility and involved in cleanup or
food preparation, or any other business activity.
"Sewage" shall mean the liquid and water -carried domestic or industrial wastes from
dwellings, commercial establishments, industrial facilities and institutions, whether treated or
untreated. The terms "waste" and "wastewater" shall be deemed as sewage by definition.
"Shall not" shall mean prohibit.
"Spill" shall mean the unpermitted, accidental or intentional loss or unauthorized
discharge of grease interceptor waste, grit interceptor waste, seepage, any other liquid waste,
a chemical (hazardous or non -hazardous), or any other material that has the potential to
contaminate any surface or ground water or in any other manner such that the waste is not
duly and legally disposed of.
"Superintendent" shall mean the manager / supervisor of the city PLANT or his or her
designee or such other person as may be designated by the Director of Public Utilities.
"Under the sink grease interceptor" shall mean a device placed under or in close
proximity to sinks or other fixtures likely to discharge grease in an attempt to separate,
intercept or hold grease waste to prevent its entry into the PLANT. The Inspection Division of
the Department of Planning shall approve such "under the sink grease interceptors" and
documentation shall be provided for the disposal of waste. Refer to Section 37981 below for
applicability of this form of grease interceptor.
"Waste" shall mean the liquid and water -carried domestic or industrial wastes from
dwellings, commercial establishments, industrial facilities and institutions, whether treated or
untreated. The term's "sewage" and "wastewater" shall be deemed waste.
§3798E: APPLICABILITY:
(a) Waste, which contains grease, shall be discharged into the PLANT only under
the conditions of this Article. The following facilities shall discharge all waste from sinks,
dishwashers, drains, and any other fixtures through which grease may be discharged, into an
adequately sized, properly maintained and functioning grease interceptor before the discharge
ORDINANCE NO.
PAGE 6 OF 25
enters the PLANT, as well as providing a grease interceptor inlet flow control device inspection
port and a grease interceptor effluent monitoring port:
1. Every commercial food preparation and food service facility, including
but not limited to bakeries, boardinghouses, butcher shops, cafes,
clubhouses, commercial kitchens, delicatessens, ice cream parlors,
hospitals, restaurants, schools, and similar facilities, especially where
meat, poultry, seafood, dairy products or fried foods are prepared or
served,
2. All shopping centers that have food processing facilities,
3. All food courts,
4. All other facilities discharging grease in amounts that will, alone or in
concert with other substances from the discharges of other facilities,
have a reasonable chance to impede or stop the flow in the PLANT.
(b) All new areas of intensified dwelling, including, but not limited to, adult day care
facilities, assisted living facilities, convalescent homes, day nursing and childcare facilities, in
which food preparation occurs, homes for the mentally challenged, hotels, maternity homes,
motels in which there is a commercial food preparation service, nursing homes, retirement and
life care communities and homes, and truck stops with commercial food service, shall be
required to have grease interceptors. Modifications to existing facilities that add new buildings
or new grease generating activities are included in this requirement. All such existing facilities
may be so required, as determined by subsection (a)4, of this section.
(c) Interceptors shall not be required for single-family residences, duplexes,
triplexes, quadplexes, or apartment complexes, unless the City first determines there are
discharges from the property that will create problems in the PLANT. The determination shall
be made based upon an investigation of the property, and a comparison of the content and
amount of discharge from the property with the discharges of other properties similar in size
and use. Upon a determination that the discharges will create problems in the PLANT, the
Director shall require the installation of a sufficiently sized grease interceptor to treat the
discharges.
§3798F: COMPLIANCE DATE:
(a) On or after the effective date of the ordinance enacting this Article, an existing
facility shall be required to install an approved, adequately sized, and properly operated and
maintained grease interceptor when any of the following conditions exist:
1. It is found to be contributing grease in quantities sufficient to cause
sanitary sewer line stoppages or necessitate increased maintenance
on the sanitary sewer collection system (PLANT) in order to keep main
line stoppages from occurring.
ORDINANCE NO.
PAGE 7 OF 25
2. It is remodeling the food preparation or kitchen waste plumbing
facilities in such a manner to be subject to a permit issued by the
Department of Planning.
(b) Existing facilities required by this or other applicable Ordinance to maintain a
grease interceptor presently equipped with an undersized or improper grease interceptor shall,
within 36 months of the effective date of this Ordinance, install an adequately sized grease
interceptor in accordance with the specifications of this Ordinance.
(c) Existing facilities required by this or other applicable ordinances to maintain a
grease interceptor not equipped with a grease interceptor shall, within 18 months of the
effective date of this Ordinance, install an appropriate and adequately sized grease interceptor
in accordance with the specifications of this Ordinance.
(d) New facilities required by this or other applicable ordinances to maintain a
grease interceptor shall install such a unit prior to commencement of discharge to the PLANT.
(e) Any requests for extensions to installation dates must be made in writing to the
Director, at least thirty (30) days in advance of the compliance date. The written request shall
include the reasons for the grease generator's failure or inability to comply with the compliance
date set forth, the additional time needed to complete the remaining work, and the steps to be
taken to avoid future delays. The Director shall determine the date for compliance. Requests
based solely on monetary considerations will not be accepted.
Section 3798G: DISCHARGE CRITERIA:
Grease disposal prohibited.
No person shall dispose of any grease, or cause any grease to be disposed, by discharge
into any drainage piping, by discharge into any public or private sanitary sewer, by discharge
into any storm drainage system, or by discharge to any land, street, public way, river, stream
or other waterway
(a) Where oil and grease are a byproduct of food preparation and/or cleanup,
reasonable efforts shall be made to separate waste oil and grease into a separate container
for proper disposal. Except as contained in byproducts of food preparation and/or clean up,
waste oil and grease shall not be discharged to any drains or grease interceptors. Such waste
shall be placed in a container designed to hold such waste and either utilized by industry or
disposed of at suitable locations. This also applies to single family residences.
(b) None of the following agents shall be placed directly into a grease interceptor, or
into any drain that leads to the interceptor:
1. Emulsifiers, de -emulsifiers, surface active agents, enzymes,
degreasers, or any type of product that will liquefy grease interceptor
ORDINANCE NO.
PAGE 8 OF 25
wastes,
2. Any substance that may cause excessive foaming in the PLANT, or
3. Any substance capable of passing the solid or semi-solid contents of
the grease interceptor to the PLANT.
(c) The influent to interceptors shall not exceed 140 degrees Fahrenheit (140° F).
(d) Toilets, urinals, and other similar fixtures shall not discharge through a grease
interceptor.
(e) Where food -waste grinders are installed, the waste from those units shall
discharge directly into the building drainage system without passing through a grease
interceptor.
§3798H: REQUIREMENTS FOR GREASE INTERCEPTORS:
(a) All commercial and industrial facilities dealing with grease shall, at the
permittees' expense and as required by the Com:
1. Provide an adequately sized grease interceptor. Requirements for grease
trap sizing and the design criteria are provided in Section 4.
2. Locate the interceptor in a manner that provides immediate and easy
accessibility for cleaning and inspection.
3. Obtain a written interceptor service agreement with a licensed transporter
for a term of at least one (1) year, or for the duration of the operation of
the establishment, whichever is less, to maintain the interceptor in
effective operating condition. A service agreement must be in effect as
long as the facility has a Grease Trap Permit.
4. Unless otherwise specified by the Director, service the interceptor every
90 days and maintain backup copies of receipts for service as well as a
service log, on the premises of the facility, for at least five (5) years.
5. Allow inspection of the facility and of records by inspectors during
reasonable hours.
(b) Requirements for Grease Trap Sizing and Design Criteria
1. Introduction: Information contained within this subsection (b) is based on
standard industry practices and guidance found in both the 1997
ORDINANCE NO.
PAGE 9 OF 25
International Plumbing Code (IPC) Commentary and the Uniform
Plumbing Code (UPC), Appendix H. Size, type, and location of grease
traps shall be in accordance with the manufacturers instructions and the
requirements of City of Ukiah Ordinance.
2. Applicability: These requirements are applicable to all commercial food
service establishments, including those that are undergoing:
a. New construction
b. Interior remodeling to accommodate expansion or operational
modifications
c. Changes of ownership/occupancy
d. Facilities which may be experiencing difficulty in achieving
compliance with maintenance and/or wastewater discharge
limitations.
3. Sizing Requirements:
Sizing methods described herein are intended as guidance in
determining grease trap/interceptor sizes that will afford the PLANT a
minimum degree of protection against grease and other obstructing
materials. Sizing determinations are based on operational data
provided by business owners or their contractors. In approving a
customer's plumbing or grease interceptor design, the City does not
accept liability for the failure of a system to adequately treat
wastewater to achieve effluent quality requirements specified under
this Ordinance. It is the responsibility of the generator and/or
contractors to insure the appropriate level of treatment necessary for
compliance with environmental and wastewater regulations.
Minimum acceptable grease trap/interceptor sizing shall be
accomplished as follows:
a. Sizing according to formulas found in Section 4 below.
b. Where sizing formulas result in determination of a grease
trap less than 750 gallons in capacity, this minimum size is
to be used.
C. In the circumstance of "single service kitchens" with no food
preparation (heat/serve only), and which use only paper
service items, a minimum 50 gallon per minute (gpm) flow
rated, or 100 pound grease retention, mechanical grease
trap may be used. In these instances, the grease trap is to
ORDINANCE NO.
PAGE 10 OF 25
be installed in an area separate from food handling area,
and the trap must be readily accessible for cleaning and
maintenance. (See Section 6, below)
4. Grease Trap Sizing Formulas:
It is the responsibility of the generator and his/her contractors to ensure
that the wastewater discharged from their facility is in compliance with the
City's discharge limitations. For the purpose of plans review, a general
assessment of grease trap/interceptor design and size will be performed
using the following formulas. (These formulas have been demonstrated
as industry standards capable of achieving the City's discharge criteria
when systems are maintained in proper conditions.)
Method 1: Uniform Plumbing Code, Appendix H
Number of meals x waste flow x retention x storage = Size Requirement
Per Peak hour (1) rate (2) time (3) factor (4) (liquid capacity)
Factors:
1) Number of meals served at peak operating hour (Seating Capacity) x
Peak Factor
a. Where Peak Factor for Fast Food Restaurant is ... 1.33
b. And, Peak Factor for all other food service types is 1.00
2) Waste Flow Rate:
a. With Dishwasher.....................................6 gallon flow
b. Without Dishwasher ............................... 5 gallon flow
c. Single Service kitchen ........................... 2 gallon flow
d. Food waste disposer .............................. 1 gallon flow
3) Retention Times
a. Commercial kitchen waste/dishwasher ......... 2.5 hours
b. Single service kitchen/single serving ............ 1.5 hours
4) Storage Factors
a. Fully equipped commercial kitchen 8 hr operation = 1
b. ............................................. 16 hr operation = 2
c. ............................................. 24 hr operation = 3
d. Single Service Kitchen .................................... = 1.5
The Uniform Plumbing code includes a built-in safety factor that can yield very
large grease trap size specifications. At this time, the City is not requiring traps
larger than 4000 gallons.
ORDINANCE NO.
PAGE 11 OF 25
Method 2: Five (5) Hour Detention/Peak Flow
A. Gallons of water used per hour of operation
B. A x 0.75 = average "gray water" flow per hour
C. B x 1.9 peak flow factor
D. C x 5 hours detention = volume trap
Required volume of trap =AxBxCxD
5. Alternate Sizing Formulas/ Proposals
Facilities that propose the use of alternate sizing techniques and/or
procedures that result in specifications that differ from calculated
requirements (or are less than the MINIMUM 750 gallon
recommendation), must submit formulas and other bases to support
proposed grease trap size/installation. Submission should also provide
documentation of ability to meet effluent quality requirements.
6. Construction/Installation: All permitting, construction, and inspection
activities must be completed in accordance with the Uniform Plumbing
Code. Additionally, the following specifications must be incorporated into
grease trap design.
a. The grease interceptor shall be constructed with a minimum of two
chambers or shall have a minimum of two tanks in series. If two
chambered, the dividing wall must extend to the bottom of the tank
and within two (2) inches of the top and be securely fastened to
both sides.
b. There must be inlet and outlet tees made of schedule 40 PVC
installed. The inlet tee should extend down approximately one-
third the depth of the trap from the top and the outlet tee should be
located twelve to eighteen inches off of the bottom of the trap.
C. Grease traps are to be installed at a minimum distance of 10 ft.
from sinks and dishwashers to allow for adequate cooling of
wastewater. Water temperatures must be less than 140 degrees F.
prior to entering grease trap.
d. All grease bearing waste streams should be routed through an
appropriate grease trap/inceptor, including: three -compartment
sinks, pot/pan sinks, soup kettles, hand -washing sinks,
dishwashers, mop sinks and floor drains.
Notable Exceptions: Drains that receive "clear waste" only, such as from
ice machines, condensate from coils and drink stations, may be plumbed
to the sanitary system without passing through the grease interceptor with
ORDINANCE NO.
PAGE 12 OF 25
the condition that the receiving drain is a "hub" type that is a minimum of
two inches above the finished floor.
e. All exterior or recessed Grease Traps and Interceptors are to be
installed with an Effluent Sampling Well, equivalent to: a. Parks
Equipment Services Sample Well SWB-9; b. American Industrial
Pre -Cast Products Test Well; Or c. Uo nor Sample Well. Sample
wells will have a 15" diameter access Cover and a minimum 4"
drop from inlet to outlet piping through the sampling well.
Mechanical Grease Traps and Interceptors that are installed above
ground must be equipped with an influent flow regulator and an
effluent valve assembly that allows for sample collection.
7. Customer (Generator) Responsibilities:
It is the responsibility of the customer (waste generator) to insure
compliance with the City of Ukiahs' discharge limitations.
Hazardous wastes, such as acids, strong cleaners, pesticides, herbicides,
paint, solvents, or gasoline shall not be disposed of into the sanitary
sewer. If commercial dishwashers are discharged through a grease
interceptor, care must be taken in system design. Dishwashers use
detergents and elevated water temperatures that will melt grease. If the
interceptor is either too small or too close to the commercial dishwasher,
grease may pass through the interceptor and into the collection system.
Generators are responsible for maintaining grease traps in continuous
proper working condition. Further, generators are responsible for
inspecting, repairing, replacing, or installing apparatus and equipment as
necessary to ensure proper operation and function of grease traps and
compliance with discharge limitations at all times.
The generator must have a grease trap/grease interceptor service
contract (for pumping, cleaning, and inspection), at a minimum frequency
of every 90 days to ensure proper function. The trap shall be maintained
more frequently if needed to meet the City's discharge criteria. Records
of maintenance are required to be maintained on site for five (5) years.
(90 -day maintenance frequency assumes proper sizing and installation
consistent with this guidance).
Enzymes, solvents, Biological treatment, and emulsifiers are not
permitted, as they will only change the form of grease, allowing it to be
carried out of the trap with the wastewater and deposited in the collection
system (PLANT).
§37981: GREASE INTERCEPTOR CONSTRUCTION:
ORDINANCE NO.
PAGE 13 OF 25
(a) Any person responsible for discharges requiring a grease interceptor shall, at his
own expense and as required by the City, provide plans and specifications for equipment and
facilities of a design type and design capacity approved by the Com. The grease interceptor
must be in compliance with the current applicable Uniform Plumbing Codes. The person shall
locate the interceptor in a manner that provides easy accessibility for cleaning and inspection
and maintain the interceptor in effective operating condition. The Ci_V shall inspect the
interceptor during construction and upon completion. The City shall make a final inspection
before any service connections are made.
(b) Construction of items listed herein in accordance herewith or in accordance to
the City's specifications shall not constitute a defense to unlawful discharge and shall not limit
the generator's liability for any surcharge stated in this division.
(c) If the Inspector determines that there is a need for installation or upgrading of
sample ports or grease interceptors on an existing establishment, the Director may order the
installation or upgrading of such interceptors on that existing establishment. If the Director
orders such installation, then the Director shall serve notice of such order upon the grease
generator. Within ten (10) days of receipt of such order, the grease generator may demand a
hearing to review such order, in which case the Director shall schedule a hearing to review
such order within thirty (30) days of receiving the demand for review from the grease or grit
generator. If a hearing to review the order is scheduled, the Director shall serve notice of the
hearing to review such order upon the grease generator at least ten (10) days before the date
of such hearing. At the hearing to review the order, the grease generator may present
evidence, and the Director may make new findings and issue new orders concerning the
subject of the original hearing. After receiving notice of the order to install or upgrade ports or
interceptors on an existing establishment, it shall be unlawful for a grease generator to allow or
cause any discharge into the sanitary sewer not in compliance with such order.
(d) Where the process wastewaters are generated in only part of the facility, the
process wastewaters may, at the option of the Director, discharge into a grease interceptor
servicing only those areas that provide a suitable sampling port.
(e) The Director may waive the requirement for a grease interceptor provided the
grease generator can verify that only domestic sewage is being discharged, and no floor
drains or process water are present. The Director may require testing by the user in
connection with this request, with all costs for this testing being borne by the generator.
§3798J: SERVICE/INSPECTION PORTS AND MONITORING PORTS:
(a) Except for "under the sink grease interceptors", each interceptor shall be located
outside of a building or structure in an area accessible for service, and so installed and
connected that it shall be at all times easily accessible for inspection, and for cleaning and
removal of the intercepted waste. Inlet flow control inspection ports, interceptor inspection
ports, and effluent monitoring ports shall be in areas where vehicles may not temporarily block
access to inspection. The use of ladders or the removal of bulky equipment or stored
materials in order to inspect inlet flow control devices, inspect or service interceptors, or
sample interceptor effluent shall constitute a violation of accessibility. Inspection ports and
ORDINANCE NO.
PAGE 14 OF 25
monitoring ports shall be located so as to allow inspectors quick and easy access to the inlet
flow control device, each compartment of the interceptor, and the effluent from the interceptor.
An interceptor shall not be installed in any part of a building where food is handled. The
location of all interceptors, inspection ports, and monitoring ports shall meet the approval of
the City and shall be shown on the approved building plans.
(b) An inspection port shall be provided for the flow control device regulating flow
into the interceptor.
(c) A one-piece removable metal plate covering the entire interceptor shall be
preferred as an interceptor inspection port, though at the discretion of the City, standard
manhole ports may be installed over each divider in the interceptor, but in either case all parts
of the interceptor shall be easily accessible for cleaning and visual inspection.
(d) A monitoring port shall be provided for ease in sampling the treated effluent from
the interceptor and shall be as close as possible to the connection with the City PLANT within
the bounds of the facility property. The port shall be installed according to the specifications of
the Com. The port shall be installed and maintained at the user's expense. A generator shall
properly place, monitor, and maintain the monitoring port so that wastewater samples taken
from the monitoring port are representative of wastewater leaving the interceptor. It shall be
unlawful for a grease generator to divert sewage around a monitoring point into the PLANT.
§3798K: UNDER THE SINK GREASE INTERCEPTORS:
(a) In the event that an outside grease interceptor is not technically practicable, an
"under the sink grease interceptor" may be installed subject to the approval of the Director. In
addition to the regular requirements of grease interceptors, "under the sink grease
interceptors" are subject to the additional requirements.
(b) General requirements.
1. The location of such interceptors shall be in as close proximity to the
source of wastewater as physically possible.
2. The lid shall be secured to the body with a single bolt. No wing nuts or
screws shall be permitted.
3. Baffle systems and all other internal pieces shall be removable to facilitate
cleaning and replacement, but must be in place at all other times.
4. The lid shall cover the deep seal trap. The deep seal trap shall be
constructed so as to eliminate the possibility of sewer gas entering the
kitchen area.
5. The interceptors shall be constructed with bottom supports so that the
body of the interceptor does not corrode by coming into contact with the
floor.
ORDINANCE NO.
PAGE 15 OF 25
6. The interceptor shall be coated with a powder coated electrostatically
applied cathodic epoxy coating so as to be resistant to corrosion.
7. The interceptor shall be equipped with a flow control fitting.
(c) Installation requirements.
1. The interceptor may be set on the floor, partially recessed in the floor with
top flush with the floor, or fully recessed below the floor to suit piping and
structural conditions, as acceptable by the Planning Department.
2. There shall be sufficient clearance for the removal of the interceptor cover
for cleaning.
3. Unless specifically approved by the Planning Department, runs of pipe
exceeding 25 feet between fixture and interceptor shall not be permitted.
4. The interceptor shall not be installed in a waste line from a garbage
grinder. Any garbage grinder waste shall bypass the interceptor.
5. A suitable flow control fitting shall be installed ahead of the interceptor in
the waste line beyond the fixture and as close as possible to the
underside of the lowest fixture. When wastes of two or more sinks or
fixtures are combined to be used by one interceptor, a single flow control
fitting shall be used.
6. Air intake for flow control either shall terminate under the sink drain board
as high as possible to prevent overflow, or shall terminate in a return bend
at the same height and on the outside of the building.
7. To retain water and prevent siphoning, all interceptors shall have a vented
waste, sized in accordance with the Universal Plumbing Code.
8. With the approval of the Inspection Division of the Department of
Community Development, one interceptor may be used to serve multiple
fixtures if the fixtures are located close together and the interceptor is
sized to meet the combined flow of all the fixtures.
(d) Maintenance requirements.
1. Interceptors shall be serviced at least every week. After accumulated
grease and waste has been removed, the interceptor shall be thoroughly
inspected to make certain that inlet, outlet, and air relief ports are clear of
obstructions.
2. Grease and other waste removed from the interceptor shall not be
ORDINANCE NO.
PAGE 16 OF 25
introduced into any drain, sewer, or natural body of water. The waste
shall be placed in proper containers for proper disposal. It shall not be
mixed with "edible" grease. Grease and waste removed from an
interceptor shall not be disposed of in such a matter so as to become food
for animals or humans.
3. The grease generator shall maintain adequate documentation that the
interceptor is appropriately cleaned and inspected.
§3798L: INTERCEPTOR MAINTENANCE:
(a) Interceptor Maintenance Service Contract
1. All grease generators having interceptors shall perform all business
transactions relating to interceptor pumping, cleaning, and servicing, and
to liquid waste collection, transportation and/or disposal on a contractual
basis via a written contract having a duration of no less than one year,
and provide copies of all such contracts to the inspector upon request.
Any modifications or changes to the contract must be submitted to the
City within ten (10) working days of the change or modification. It is a
violation for a grease generator to discharge through an interceptor
without a service contract.
2. A Contract shall at a minimum:
a. From the customer
(1). Contain the customer name, address and telephone
number, and the name, address, and telephone number of
the facility to be serviced if different.
(2). Contain the name of a primary and secondary contact
person for the facility.
(3). Contain the Grease Interceptor Permit number of the facility.
(4). Indicate the size of each interceptor.
(5). Indicate the precise and unambiguous location of the
interceptor or interceptors to be serviced, including a
diagram if necessary.
(6). Indicate the frequency of pumpage required.
(7). Be signed and dated by an authorized representative
ORDINANCE NO.
PAGE 17 OF 25
indicating acceptance of the terms of the contract.
b. From the Cleaning Service
(1). Contain the company name, address, and telephone
number.
(2). Contain the name of a primary and secondary contact
person.
(3). Be signed and dated by an authorized representative
indicating acceptance of the terms of the contract.
(4). The name, address, and telephone number of the disposal
site.
C. Other
Contain a statement of the duration of the contract, to be not less
than one year, or for the duration of the operation of the facility,
whichever is less.
(b) Required Pumping Frequency
1. Unless otherwise specified by the Director, each interceptor in active use
shall be cleaned at least once every 90 days or more frequently as
needed to prevent carry over of grease into the PLANT, unless it can be
demonstrated to the Director that the pumping frequency can be
performed at greater intervals. The Director may specify cleaning more
frequently when 90 day pumping is shown to be inadequate. Additional
pumping may be required during time periods where increased loading is
anticipated. Any grease generator desiring a schedule less frequent than
quarterly shall submit a request to the Director along with testing (as
required by the Director) and copies of the cleaning records for the last
four (4) interceptor cleanings, including measurements of the thickness of
the surface scum/grease layer.
2. At any time if an inspection finds the interceptor to be full, immediate
steps shall be taken by the grease generator to pump out and clean it as
soon as is practicable. In no case longer than 48 hours. The inspector
shall make an evaluation of the advisability of allowing discharge to
continue, and may at his or her discretion order an immediate cessation of
all discharge from the facility. In any case, the Wastewater Discharge
Permit of the facility may be amended so as to compel more frequent
pumping and cleaning of the interceptor.
(c) All interceptors shall be maintained by the grease generator at the grease
ORDINANCE NO.
PAGE 18 OF 25
generator's expense.
(d) Requirement for Increased Pumpage or Servicing
If the Director finds that a change in pumpage or servicing of an interceptor is
necessary for an establishment to meet the discharge limits stated in this Ordinance, the
Director may order a change in pumpage or servicing of an interceptor. If the Director orders a
change in the pumpage or servicing, then the Director shall serve notice of such order upon
the generator. Within ten (10) days of receipt of such order, the generator may demand a
hearing to review such order, in which case the Director shall schedule a hearing to review
such order within thirty (30) days of receiving the demand for review from the generator. If a
hearing to review the order is scheduled, the Director shall serve notice of the hearing to
review such order at least ten (10) days before the date of such hearing. At the hearing to
review the order, the generator may present evidence, and the Director may make new
findings and issue new orders concerning the subject of the original hearing. After receiving
notice of an order by the Director to change the frequency and/or methods of pumpage or
servicing, it shall be unlawful for a generator to allow or cause any discharge into the sanitary
sewer (PLANT) not in compliance with such order.
(e) Interceptor Maintenance Log.
Every generator having an interceptor shall maintain an Interceptor
Maintenance Log indicating each pumping for the previous twelve (12)
months. This log shall include the date, time, amount pumped, hauler and
disposal site, and shall be kept in a conspicuous location on the premises
of the facility for inspection. Said log shall be made immediately available
to any authorized City inspector.
(f) Cleaning Procedures
1. The owner or an employee of the facility shall supervise the interceptor
cleaning, and shall be physically present and observe the entire cleaning
operation.
2. A generator shall cause the liquid waste hauler, transporter, or any other
person cleaning or servicing an interceptor to completely evacuate all
contents, including floating materials, wastewater, and bottom sludges
and solids, of all grease and/or grit interceptors and other interceptors
during servicing. Skimming the surface layer of waste material, partial
cleaning of the interceptor or use of any method that does not remove the
entire contents of the collection device is prohibited. The suction of the
floating materials shall be done prior to removal of other contents. After
complete evacuation, the walls, top, and bottom of the interceptor shall
then be thoroughly scraped and the residue removed. Upon completion
of the servicing, the manager of the facility shall make an inspection of the
interior of the interceptor and then personally sign the trip ticket. The
ORDINANCE NO.
PAGE 19 OF 25
manager shall make an appropriate entry in the facility Interceptor
Maintenance Log, and post the generator section of the trip ticket in a
conspicuous place with the log on the premises.
3. It shall be unlawful for a generator to allow, the discharge of liquid, semi-
solids, or solids back into an interceptor during and/or after servicing.
Decanting or discharging of removed waste back into the interceptor from
which the waste was removed or any other interceptor, for the purpose of
reducing the volume to be disposed, is prohibited.
4. Each interceptor pumped shall be fully evacuated unless the interceptor
volume is greater than the tank capacity on the vacuum truck in which
case the transporter shall arrange for additional transportation capacity so
that the interceptor is fully evacuated within a twenty four (24) hour period
following the transporter's inability to fully evacuate the interceptor.
(g) Disposal of Interceptor Pumpage.
All waste removed from each interceptor shall be disposed of at a facility
permitted and authorized to receive such waste in accordance with all applicable Federal,
State, and local regulations. In no way shall the pumpage be returned to any private or public
portion of the PLANT,
ORDINANCE NO.
PAGE 20 OF 25
§3798M: PERMIT REQUIREMENTS:
(a) It is unlawful for any facility to discharge effluent from a grease interceptor
without authorization from the Director. Authorization shall be given in the form of a "Grease
Interceptor Permit." Application for a permit shall be made to the Director. If, after examining
the information contained in the grease interceptor permit application, it is determined by the
Director that the proposed discharge does not conflict with the provisions of this Article, or any
other Federal, State, or local requirement or regulation, and the permit fee is paid, a permit
shall be issued allowing the facility to discharge into the PLANT. Each grease interceptor
permit shall be issued for a time not longer than one year from the date of the permit. The
grease generator shall apply for permit reissuance prior to the expiration of the grease
generator's existing permit. The terms and conditions of the permit may be subject to
modification by the Director at any time during the term of the permit as limitations or
requirements as identified in this chapter are modified or other just causes exist. The grease
generator shall be informed of any proposed changes in the issued permit at least thirty days
prior to the effective date of the change(s). Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
(b) As a condition precedent to the granting of a permit, the permittee under this
section will agree to hold harmless the City and the City's employees from any liabilities arising
from the permit holder's operations under this permit.
§3798N: REQUIRED REPORTING:
All permitted interceptor waste generators shall, at the time of permit renewal, submit to
the Superintendent
(a) Copies of all manifests made by liquid waste transporters servicing their grease
interceptor during past year,
(b) A copy of the Interceptor Maintenance Log;
(c) A copy of the Interceptor Service Contract; and
(d) Any other information required by the Grease Interceptor Permit, including
analysis of the discharge to the PLANT of such pollutants as the Superintendent may require.
§37980: MOBILE TREATMENT PROCESSES:
Any person wishing to make use of a mobile treatment process or of an on-site process
to clean or service grease interceptors or grit interceptors shall demonstrate the process to the
satisfaction of the Director. Included with the demonstration shall be a written explanation of
the treatment process. The person seeking approval of any such process shall pay, prior to
any decision by the Director, any costs to the City associated with the demonstration, such as,
ORDINANCE No.
PAGE 21 of 25
the requirements of this Ordinance and permit or order issued hereunder. A grease generator
shall allow the inspectors access to all parts of the premises for purposes of inspection,
sampling, records examination and copying, and the performance of additional duties.
Arrangements for the immediate access of the Inspector shall have been made ahead of time,
and such failure to make adequate arrangements shall not be considered a legitimate reason
to refuse admittance of the Inspector.
(b) In cases where a facility includes private living quarters, the right of access shall
extend to all common areas, and any other area or areas a facility employee, including the
manager and/or owner, may enter without expressed permission of the residents of such a
facility.
§3798S: REPORTING:
All written reports, applications, and any other such material required of those regulated
under this Article will be deemed to have been submitted on the date postmarked. For
material which is not deposited, postage prepaid, into a mail facility serviced by the United
States Postal Service, the date of receipt shall govern.
§3798T: FEES:
The City may adopt and amend charges, surcharges, and fees for application,
operation, enforcement, administration, and reimbursement of costs incurred pursuant to this
Article.
Fees:
(a) The Director, with the approval by resolution of the City Council, shall establish
permit fees under this Article.
(b) The fees for such permits shall be for a permit issued for a period of one year.
The Director may prorate the amounts for permits with shorter durations. All
permits will expire at 12:00 midnight on the date specified on the permit as
determined by the Director.
§3798U: VIOLATION.
(a) It is unlawful for any grease generator to discharge into the PLANT in any
manner that is in violation of this Article, or of any condition set forth in this Article.
Additionally, a person commits an offense if the person causes or permits the plugging or
blocking of, or otherwise interferes with or permits interference with a grease interceptor or the
PLANT, including alteration or removal of any flow constricting devices so as to cause flow to
rise above the design capacity of the interceptor.
(b) No person, and/or facility shall discharge grease to the PLANT, except as
expressly authorized by this Article. If such discharge occurs, the person or facility shall be
considered in violation of this Article and subject to the remedies described herein. This
ORDINANCE No.
PAGE 23 of 25
includes non -permitted facilities.
(c) The Director and/or City may suspend water or sewer service when such
suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened
discharge which:
1. Presents or may present an imminent or substantial endangerment to
the health or welfare of persons or the environment;
2. Causes stoppages or excessive maintenance to be performed to
prevent stoppages in the sanitary sewer collection system;
3. Causes interference to the PLANT; or
4. Causes the City to violate any condition of its NPDES permit.
(d) Any person notified of a suspension of the water or sewer service shall
immediately stop or eliminate the discharge. In the event of a failure of the person to comply
voluntarily with the suspension order, the City shall take such steps as it deems necessary,
including immediate termination of water or sewer service, to prevent or minimize damage to
the PLANT system or sewer connection or endangerment to any individuals. The City shall
reinstate the water or sewer service when such conditions causing the suspension have
passed or been eliminated. A detailed written statement submitted by the grease generator
describing the cause(s) of the harmful discharge and the measure(s) taken to prevent any
future occurrence shall be submitted to the City within fifteen (15) days of the date of
occurrence.
(e) In addition to prohibiting certain conduct by natural persons, it is the intent of this
Article to hold a corporation, association, LLC, LLP, PS or other entity or organization legally
responsible for prohibited conduct performed by an agent acting on behalf of such an entity
and within the scope of his office or employment.
(f) A permittee is liable to the City for any expense, loss, or damage incurred or
suffered by the City for reason of appropriate clean-up and proper disposal of said waste
materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up
costs shall be levied by the City against the guilty party.
(g) The City may recover the fees and costs imposed by this Section in a civil action
and may pursue any other remedy available at law or inequity to address a violation of this
Article or to enforce compliance with it.
§3798V: AUTHORIZATION:
The Director is authorized to promulgate such rules and regulations as shall be
reasonable and necessary to carry out the provisions of this chapter according to its terms and
intent.
ORDINANCE NO.
PAGE 24 OF 25
ITEM NO: 10C
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCTION OF ORDINANCE ADDING NEW ARTICLE 18 TO THE CITY
OF UKIAH MUNICIPAL CODE ENTITLED SEWER LATERAL TESTING
Inflow and Infiltration (I&I), the introduction of rain and ground water to City's Wastewater
Treatment Plant (WWTP) via the collection (sewer) system, results in significant cost increases to
the WWTP Operations and Maintenance budget. During periods of high flows, electric power
consumption alone can double. The collection system can become overburdened during these
events and increase the chance of a sewer overflow potentially exposing the City to large fines
and penalties by the Regional Water Quality Control Board and Environmental Protection
Agency. A change of language anticipated in the City's upcoming National Pollutant Discharge
Elimination System permit will require I&I programs to be instituted in order to reduce the amount
of such waters to the system.
Studies of I&I for the City system were completed in 1977, 1994, and 2003. The reports
conclusions state that as much as 50% of I&I can be directly attributed to problems in privately
owned connection laterals. Previous presentations to Councils made recommendations for
extensive testing and mandatory repairs of all connected laterals by the City. This concept was
rejected for numerous reasons such as the intrusiveness of smoke testing the system, a
homeowner's ability to afford the necessary repairs, and lack of available staff.
The proposed ordinance requires laterals be tested and repaired as necessary should the
dwelling be sold, transfer of ownership, or undergo significant remodeling. This planned testing
and repair will reduce a significant portion of I&I with consistent application throughout the
community.
RECOMMENDED ACTION: Discuss and adopt the article regarding Sewer Lateral testing.
ALTERNATIVE COUNCIL POLICY OPTIONS: Discuss and provide alternate direction to
staff.
Citizens Advised: N/A
Requested by: Bernie Ziemianek, Public Utilities Director
Prepared by: Jerry Gall, Wastewater Treatment Plant Supervisor
Coordinated with: Candace Horsley, City Manager
Attachments: Ordinance for introduction.
Approved: _ f
Candace Horsley, City)
ity anager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
RENUMBERING ARTICLE 18 OF CHAPTER 2 OF DIVISION 3 OF THE UKIAH
CITY CODE, AS ARTICLE 19, AND ADOPTING A NEW ARTICLE 18,
ENTITLED: SEWER LATERAL TESTING
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 18 of Chapter 2, Division 3 of the Ukiah City Code is hereby renumbered as
Article 19.
SECTION TWO.
A new Article 18 is hereby added to Chapter 2, Division 3 of the Ukiah City Code to read
as follows:
ARTICLE 18. SEWER LATERAL TESTING
SECTION:
§3798.05A Purpose, Policy and Administration
§3798.05B Applicability
§3798.05C Sewer Lateral Testing
§3898.05D Sewer Lateral Testing Upon Change in Ownership
§3798.05E Severability
ARTICLE 18. LATERAL TESTING REQUIRED
3798.05A: PURPOSE, POLICY, AND ADMINISTRATION:
A. The purpose of this Article is to reasonably insure the soundness of the sewer collection
system in order to prevent infiltration, exfiltration and to insure that both new and existing sewer
laterals comply with the provisions of this Chapter, to better protect the City of Ukiah Sewage
Treatment Plant ("Plant") and the environment. The City Engineer has the authority to alter
the testing methods prescribed herein, if such methods are impractical, because of the nature
or physical location of the lines to be tested.
B. This Article shall apply to the City of Ukiah and to persons outside the City who, by
contract or agreement with the City, are users of the City's Plant.
§3798.05B: APPLICABILITY:
ORDINANCE NO.
PAGE 1 OF 4
A. All new connections to the public sewers shall be tested in accordance with the provisions of
this section, to include gravity and pumped sewer services. No person shall use or introduce
wastewater into the public sewer until the service lateral has passed a test as specified in
Section 3798.05C.
B. No existing service lateral shall be allowed to remain connected to the public sewer which
is incapable of passing a test as specified in Section 3798.05C.
C. All service laterals connected to a sanitary sewer, including laterals serving residential,
multi -family residential, commercial or industrial uses, shall be cleaned and tested in
accordance with Section 3798.05C, upon the occurrence of any of the following:
1. Remodeling of the house, building or property served, where the cost of the
improvements exceeds fifty percent (50%) of the assessed value of the property, as
determined by Mendocino County Assessor, or
2. Installation of additional toilet facilities in the house, building or property served, or
3. Change of use of the house, building or property served from residential to
commercial, or from non -restaurant commercial to restaurant commercial, or
4. Upon repair or replacement of all or part of the sewer lines connecting the building or
property to the sewer main, or
5. In connection with a change of ownership of any house, building or property served
and prior to the recordation of any deed or other conveyance document, or
6. Upon the determination of the Director that the cleaning and testing is required for the
protection of the public health, safety and welfare.
D. Testing and inspection of the building sewer, lateral sewer and connections shall be
conducted using one or more of the following methods:
1. TV inspection
2. Smoke testing
3. Flow monitoring
4. Air pressure testing
5. Exfiltration testing
6. Visual
7. Other similar inspection or testing methods as approved by the City Engineer /
Inspector.
§3798.05C: SEWER LATERAL TESTING:
A. Testing shall be performed by a licensed plumber and or contractor under the
supervision of the City Engineer/Inspector.
ORDINANCE NO.
PAGE 2OF4
1. The property owner or his/her contractor shall obtain a sewer lateral
inspection/testing permit from the City Planning Department, prior to commencing
with the testing procedure. The applicant shall use an application form adopted by
the Director and shall pay any application fee in accordance with a resolution of the
City Council. The fee may reimburse the City for the cost of administering this
ordinance, including the cost of conducting and supervising and reviewing the
results of inspections and tests required by this Ordinance. The application and
permit forms adopted by the Director shall require such information and agreements
from the applicant as will insure compliance with the inspection/testing requirements
of this ordinance.
2. Access to the sewer lines to be tested and conditions necessary to conduct the test
shall be made ready prior to scheduling a Sewer Lateral test.
B. Failure of Test.
1. Responsibility for Repair/Replacement of Building Sewers, Lateral Sewers and
Connections.
a. It shall be the responsibility of the property owner to repair and/or replace any
building sewer which has been found through testing and/or inspection to
exhibit conditions which would permit infiltration to enter the sewer system.
b. A permit shall be obtained from the City Planning Department and work initiated
to repair and/or replace any building sewer found to be a source for infiltration
pursuant to this ordinance within thirty (30) days of initial testing, unless a
written extension is granted by the City Engineer/Inspector.
2. Inspection and Retesting of Building Sewers. Upon completion of the repair and/or
replacement of the building sewer, a re -inspection shall be conducted by the City
Engineer/Inspector. Retesting of the sewer lateral shall be at the discretion of the
City Engineer/Inspector. This process shall continue until the lateral passes the
required test.
3. Lateral Certification. Once the lateral has successfully passed the testing procedure,
the City Inspector witnessing the test will sign the appropriate form adopted by the
Director.
§3798.05D: LATERAL TESTING UPON CHANGE IN OWNERSHIP:
A. Change in Ownership and Testing.
1. Whenever any property is subject to a change in ownership, and the property
includes any buildings or structures constructed more than one (1) year prior to
change of ownership of the property, the sewer lateral(s) to the property shall be
tested for infiltration and all necessary repairs or replacements performed to prevent
infiltration shall be completed prior to the recordation of the instrument causing the
change in ownership.
ORDINANCE NO.
PAGE 3OF4
ITEM NO. lod
DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: Consideration and possible approval of revised Road Improvement and Land Use
Agreement -8/25/04 with Mendocino County
Attached in redlined format is a revised Road Improvement and Land Use Agreement -
8/25/04 with Mendocino County which addresses the two issues identified by the City Council,
when it last discussed this agreement at its February 4, 2004, meeting.
In that discussion the City Council had two concerns about the draft agreement: (1) it
wanted the agreement to require the County to use the City's design guidelines in approving
projects within the Brush Street Triangle; and (2) it objected to a provision in Section 7.4 of the
Agreement that would allow the County or the City to approve a project without requiring the
project to pay its proportionate share of the cost of mitigating cumulative impacts of development
within the MCOG study area. The section allowed this to occur, if the City or the County made a
finding of overriding consideration under the California Environmental Quality Act ("CEQA").
In response to those concerns the staff revised the agreement and it was submitted to the
Board of Supervisors for its consideration. At that meeting, the Board appointed a subcommittee
consisting of Supervisors Delbar and Campbell to meet with a subcommittee of the City Council
and appropriate staff from the City and the County to attempt to negotiate a resolution of these
two issues. Subsequently, the City Council appointed a subcommittee consisting of Mayor Larsen
and Council member Rodin to meet with the County.
The subcommittees met on July 17, 2004, and agreed to the following changes proposed
by the County. In the opinion of staff and the City subcommittee members, the County's
proposals satisfactorily address the two issues of concern to the City Council.
The attached agreement shows the changes between the last version of the Agreement
proposed by the City and the version presented at the subcommittee meeting by the County.
[continued on page 2]
RECOMMENDED ACTION: Approve revised Road Improvement and Land Use Agreement
ALTERNATIVE COUNCIL POLICY OPTIONS: Not approve the agreement or direct staff and the
subcommittee to negotiate further revisions to the Agreement.
Citizen Advised: N/A
Requested by: Candace Horsley, City Manager, City Council Subcommittee
Prepared by: David J. Rapport, City Attorney
Coordinated with: Candace Horsley, City Manager
Attachments: 1. February 14, 2004, Agenda Summary Report Regarding Road
Improvement and Land Use Agreement;
2. Redlined revised Road Improvement and Land Use Agreement — 8/25/04
APPROVED:
Candace Horsley, City Man ger
On the use of City design guidelines:, in Section 5, the County agrees to use design
guidelines which are attached to the Agreement as Exhibit C. These are virtually identical to the
design guidelines adopted by the City for areas outside the downtown design district. In acting on
any project the County also agrees to include findings as set forth in Exhibit D to the agreement.
Planning Staff is satisfied that these provisions will impose on the County essentially the same
obligation to consider design guidelines as applies in the City.
On the issue of excusing some projects from paying their proportional share of
mitigation costs: the revisions to Sections 7.3 and 7.4 of the Agreement remove that option from
the agreement. As revised, these sections require both the City and the County to make every
project pay its proportional share of the mitigation costs. Section 7.4 still permits a finding of
overriding consideration, but only in order to approve a project that may be technically viewed as
continuing to have adverse environmental impacts. This could occur, for example, if a project
were required to pay for a particular traffic mitigation rather than contributing proportionally to the
cost of constructing all of the traffic mitigations. The agreement permits this as long as the
amount contributed toward the particular mitigation is not less than the project's proportional share
of the cost of all of the traffic mitigations.
With these two changes the subcommittee and City staff recommend approval of the
agreement.
The County Board of Supervisors is scheduled to consider a similar recommendation of the
County subcommittee and staff at its next regular meeting following the City Council's meeting.
2
Attachment # `
ITEM NO. 10e -
DATE: February 4, 2004
AGENDA SUMMARY REPORT
SUBJECT: Approval of Road Improvement and Land Use Agreement between City of Ukiah
and Mendocino County
SUMMARY: The attached draft agreement has been developed through meetings between City
Staff and the County Administrator and County Staff to address the environmental impacts of
constructing the Orchard Avenue bridge spanning Orrs Creek and extending Orchard Avenue to
Brush Street.
As the City Council knows, in connection with the approval of the K Mart Superstore in 1994, the
City received funds to pay a portion of the cost to construct the bridge and entered agreements
concerning the use of those funds for the construction of the bridge and the extension of Orchard
Avenue. A number of years later, the City retained a consultant to conduct an environmental
assessment of the impacts from constructing these improvements. It became apparent in that
process that the construction of the bridge would facilitate development in the County area
commonly called the "Brush Street triangle." Much of the impact from constructing the bridge
results from development within the Brush Street triangle.
In order to approve an environmental impact report for this construction,1 the City Council must be
able to find that the identified impacts have been adequately mitigated. Under its current zoning
designation and the applicable provisions of the Mendocino County zoning ordinance, some
commercial and industrial development in the Brush Street triangle can be constructed on existing
parcels subject only to obtaining building permits from the County. Since the County lacks
discretionary approval authority over these developments, no mechanism is currently in place to
[Continued on page 2]
RECOMMENDED ACTION: Approve agreement and authorize the Mayor to sign on behalf of the
City
ALTERNATIVE COUNCIL POLICY OPTION: Instruct City staff on changes the City Council
wants it to negotiate for.
Citizen Advised: None
Requested by: City Manager
Prepared by: David J. Rapport, City Attorney
Coordinated with: City Manager,
Attachments: Road Improvement and Land Use Agreement between City of Ukiah and
Mendocino County
APPROVED:
Candace Horsley, City Manager
1 Revised Draft Environmental Impact Report ("RDEIR"), dated October 2002
[Continued from page 1 ]
impose conditions on or extract fees from them to pay for mitigations inside the City or the County
for such impacts as may be caused by increased traffic, storm drain run-off, and so on.
These facts are set forth in the "Recitals" to the Agreement.
The Agreement contains the following key provisions:
1. As required by Streets and Highways Code Section 1810, the Agreement gives the County's
consent to the City constructing these improvements in the unincorporated area and within county
rights of way and requires the City to convey the improvements and any newly acquired right of
way to the County. The County shall maintain those improvements and right of way it owns or is
granted under the Agreement. (Paras. 1 & 2.)
2. The City and County shall each pay one-half the cost to maintain, repair or replace the bridge,
as long as it is located both inside the City limits and outside the City limits in the unincorporated
area. If the area occupied by the bridge is annexed entirely into the City or the County that entity
would assume full responsibility for its maintenance, repair or replacement. (Para. 4.)
3. The City is required to construct the bridge and the extension of Orchard in accordance with
construction documents it has signed with a construction contractor. (Para. 5.)
4. Before approving any building permits for construction within the Brush Street triangle, the
County must adopt land use regulations which give it sufficient discretionary control over such
development to impose conditions which will mitigate adverse environmental impacts within the
City that those projects may cause. The County must evaluate the environmental impacts of
projects in accordance with CEQA before approving them. This evaluation must include
cumulative impacts. The City is not required to approve the SDEIR for the bridge construction or
commence construction of the bridge, until it is satisfied that amendments to the County's zoning
regulations satisfy these requirements. (Paras. 5 & 6.)
5. Paragraph 7 of the agreement addresses the obligation of the County and the City to mitigate
environmental impacts associated with developing the Brush street triangle.
a. The City and County agree to coordinate efforts and endeavor to develop off-site capital
improvement fees to fund capital improvements necessary to mitigate traffic impacts from
development within the WCOG study area." That area is described in Exhibit C to the Agreement,
and includes the Brush Street triangle and a limited area within the City.2 The fees must be
assessed against parcels of property based on the proportion of new traffic contributed by
development on those parcels. The MCOG study can be used to develop the fees but the City and
the County are not required to use it. (Para. 7.1.)
b. The City and the County must consider the SDEIR for the bridge in evaluating the traffic
impacts of any project within the MCOG study area that will generate additional traffic, and must
mitigate project -related traffic impacts within the City and in the MCOG study area, taking into
account cumulative impacts from all development within the MCOG study area. No project shall
be approved, unless steps have been taken to fund that project's proportionate share of the costs
to mitigate traffic -related environmental impacts. (Para. 7.2.)
2 An area identified by W -Trans Traffic Study (commissioned by MCOG) as contributing traffic
from new development which would impact the same streets and intersections impacted by
development within the Brush Street triangle.
2
c. Para, 7.3 addresses capital improvements identified in the SIDES and the MCOG study
which are needed to mitigate traffic impacts from development within the MCOG study area. The
parties shall agree in the future about when and in what order these improvements shall be
constructed, and if they should be modified. They also must agree to a schedule for their
construction. A private development project within the MCOG study area shall not be approved
unless it either pays its proportional share of the cost of the capital improvements or arrangements
are made to pay those costs. The arrangements may include:
(1) having another development pay more than its share with a right of reimbursement
from future projects,
(2) having the jurisdiction which must approve the project pay those costs with a similar
right of reimbursement,
(3) having a project construct an entire improvement instead of contributing a portion of the
cost for multiple improvements as long as the cost of that improvement equals that project's share
of the cost of all the improvements or
(4) as long as it is consistent with the requirements of CEQA, the City and County can
agree to modifying the schedule for constructing the mitigations or the required mitigations.
c. As long as the City or County complies with its obligations under paragraph 7.3, and
prior to the adoption of off-site capital improvement fees, either the City or the County can approve
a project by making a finding of overriding consideration to reduce or limit the imposition of
mitigation funding for a specific project.
Staff believes that the draft agreement provides sufficient assurance to the City that the County
will fund capital improvements necessary to mitigate traffic impacts in the City from new
development in the Brush Street triangle. At the same time, the agreement provides flexibility to
both the City and the County in how they assess new development for these costs and plan for the
orderly funding and construction of these improvements.
3
ROAD IMPROVEMENT AND LAND USE AGREEMENT — 8/25/04 Attachment
This Agreement is made and entered on 2004 ("Effective Date"), in Ukiah,
California, by and between the City of Ukiah ("City"), a general law municipal corporation, and
the County of Mendocino ("County"), a political subdivision of the State of California.
RECITALS:
1. The City has under review the construction of certain improvements which will
consist of constructing a bridge over Orfs Creek and extending Orchard Avenue to Brush Street.
These improvements are more particularly described in the attached Exhibit A, which is
incorporated herein by this reference ("Orchard Avenue Bridge Improvements").
2. The City has prepared a Revised Draft Environmental Impact Report ("RDEIR"),
dated October 2002, for the Orfs Creek Bridge and Orchard Avenue Extension project under the
provisions of the California Environmental Quality Act ("CEQA") which has determined that the
construction of the Orfs Creek Bridge and Orchard Avenue Extension will promote commercial
development in an unincorporated area ("Brush Street triangle"), depicted and described in the
attached Exhibit B which is incorporated herein by this reference.
3. According to the RDEIR, commercial development within the Brush Street triangle
will have adverse impacts on traffic and other adverse environmental impacts within the
incorporated limits of the City of Ukiah.
4. Both parties also acknowledge that potential commercial development outside the
Brush Street triangle, including within the City of Ukiah, may have adverse traffic impacts
within the Brush Street triangle.
5. Under its current zoning designation and the applicable provisions of the Mendocino
County zoning ordinance, some commercial and industrial development in the Brush Street
triangle can be constructed on existing parcels subject only to obtaining building permits from
the County. No discretionary permits, such as use or site development permits, are required. As
a consequence, unless the County imposes additional land use regulations in the Brush Street
triangle, property owners may construct some commercial and industrial development with
potentially adverse environmental impacts within the incorporated limits of the City without
adequate means currently in place to assess or mitigate those impacts.
6. The City takes the position that under the requirements of CEQA it cannot certify the
RDEIR and undertake the construction of the Orchard Avenue Bridge Improvements, unless it
can find that cumulative adverse environmental impacts within the City of Ukiah from
construction of the Orr Creek Bridge, including development in the Brush Street triangle, as
identified in the RDEIR or as may be identified in future evaluations of specific projects, are
reduced to the point below the threshold of significance through changes to the projects or the
adoption of enforceable conditions to the approval of those projects.
7. Pursuant to Streets and Highways Code §1810, the County has no objection to the
City acquiring right of way and constructing the Orchard Avenue Bridge Improvements partially
within the unincorporated area.
AGREEMENT:
Wherefore, in consideration of the above -recited facts and the terms and conditions as
further stated herein, the parties hereby agree as follows.
1. Consent to Construction of Improvements.. The County hereby consents to the
construction of those Orchard Avenue Bridge Improvements which will be within the
unincorporated areas of the County and within any right of way acquired for the extension of
Orchard Avenue or for the construction of the Orchard Avenue Bridge Improvements, lying
north of the Ukiah City limits.
2. Dedication to the County. The City shall irrevocably offer to dedicate to the County
the constructed improvements north of the north bridge abutment and all acquired rights of way
north of the north bridge abutment not already owned by the County which are part of the
extension of Orchard Avenue within the unincorporated area. The County shall accept the rights
of way and improvements as part of the County Maintained Road System and shall assume
maintenance responsibility for the Orchard Avenue Road Improvements located outside City
limits, north of the north bridge abutment. That acceptance shall occur within sixty (60) days
after the improvements have been completed in compliance with the plans and specifications for
their construction.
3. Maintenance, Rehabilitation and Replacement of Orchard Avenue Bridge. A long as the
Orchard Avenue Bridge remains within the jurisdictional boundaries of both the City and the
County, the expense of maintenance of the bridge shall be borne equally by the City and the
County. Maintenance of the bridge shall be the responsibility of the City and shall occur on an
as needed basis. Annually, after completion of the bridge, the City shall submit an invoice to the
County setting forth the actual expenditure for the maintenance of the bridge for the previous
twelve (12) months, indicating County's share as one-half the expenditure amount. The County
shall pay the invoice within sixty (60) days of its submission. As long as the bridge remains
within the jurisdictional boundaries of both the City and the County, the cost of rehabilitation
and replacement of the bridge shall be borne equally by the City and the County. If the Brush
Street triangle, or any portion contiguous to the bridge, is annexed into the City, the Orchard
Avenue Bridge shall also be annexed and all future maintenance, rehabilitation and replacement
costs shall be borne entirely by the City; likewise, if the entire bridge is annexed into the County,
all future maintenance, rehabilitation and replacement costs shall be borne entirely by the
County.
4. Construction of improvements. The City shall construct the Orchard Avenue
Bridge and Orchard Avenue Extension in accordance with the construction schedule set forth in Deleted:
the contract documents for the construction of these improvements, unless the time for
completion is extended with the approval of the City or as a result of the contractor's
performance.
5. Future County land use approvals. Prior to issuing any building permit for
construction within the Brush Street triangle, the County agrees to adopt and apply to each
development proposal in the Brush Street triangle land use regulations that: (1) require
discretionary approval by the County of any commercial development or other development with
potentially significant adverse environmental impacts (either individually or cumulatively)
within the City of Ukiah ("a Project") and to evaluate such impacts in accordance with the
requirements of CEQA prior to approving any such Project; and (2) adopts
in
the attached
hereto as Exhibit C. The discretionary approval .by the County for commercial developments
at a minimum, findings as set forth in Exhibit D., Any such discretionary approval
shall provide the County with sufficient authority to impose conditions or take other actions to
adequately mitigate any adverse environmental impacts identified during the evaluation of the
Project in compliance with CEQA.
6. Process by which County adopts land use approvals. The County will proceed to
amend its zoning ordinance providing discretionary approval authority as described in paragraph
5 of this Agreement. Within 90 days of receipt by the City of the land use regulations adopted
by the County pursuant to this paragraph 6 and upon the City's satisfaction therewith, the City
shall take final action on the Revised Draft EIR for the Orchard Avenue Bridge Improvements.
Within 45 days of its receipt of said land use changes, the City shall notify the County in writing
as to whether or not it is satisfied that those changes comply with the requirements of this
Agreement. If the City is not satisfied with the amended land use regulations, the notice shall
include the reasons for the City's dissatisfaction.
7. Mitigations.
7.1 The parties acknowledge that the Mendocino Council of Governments
("MCOG"), at their request, commissioned a technical study, entitled Brush Street
Triangle Transportation Study (W -trans, May 30, 2003) which can be used as deemed
appropriate by the parties to develop for adoption by the County and the City resolutions
imposing off-site capital improvement fees sufficient to fund capital improvements
necessary to mitigate traffic impacts from development within the "MCOG study area,"
which includes the Brush Street Triangle Development Area, as well as other
development areas, all as depicted and described on pages 1-5 and 16 of the MCOG
Study, a true and correct copy of which is attached hereto as Exhibit E and incorporated
herein by reference. The County and the City shall endeavor to adopt off-site capital
improvement fees as authorized by the Mitigation Fee Act to fund capital improvements
in the City and the County necessary to adequately fund mitigations for traffic impacts
from developments that will generate additional traffic within the MCOG study area.
This Agreement does not obligate either the City or the County to accept or use the study
in the form approved by MCOG. Each jurisdiction shall have discretion to adopt a study
that it determines fairly and adequately apportions among affected parcels of land the
cost of constructing improvements to adequately mitigate off-site adverse environmental
Deleted: Commercial Development
Design Guidelines
Deleted: substantially
Deleted: form
Deleted:
Deleted: adopted
Deleted: shall require
Deleted: Ukiah City Code Section
9263.E, a true and correct copy of which
is attached hereto as
Deleted:
impacts of new development within the MCOG study area, but the parties shall endeavor
to coordinate their studies and to make them compatible.
7.2. In evaluating the environmental impacts of a project that will generate
additional traffic within the MCOG study area (as defined in paragraph 7.1 above), the
County and the City shall consider the EIR certified by the City for Orchard Avenue
Bridge and Orchard Avenue Extension and shall, in compliance with CEQA, mitigate
project -related traffic impacts within the City as well as in the unincorporated area,
comprising the MCOG study area. In evaluating the impacts of any individual such
projects within the MCOG study area, the County and the City shall include an
evaluation of the cumulative impacts from all potential new development that may
generate additional traffic within that area. Neither the City nor the County shall rely on
its lack of jurisdiction within the other jurisdiction to find that it is infeasible to mitigate
an adverse environmental impact in the other jurisdiction. The County and the City shall
take steps to fund improvements in the other jurisdiction deemed necessary to mitigate
adverse environmental impacts from full development of projects that will generate
additional traffic within the entire MCOG study area. Subject to Section 7.3, below,
neither the County nor the City shall approve any project that will generate additional
traffic within the MCOG study area, unless such steps have been taken to fund that
project's proportionate share of the costs to mitigate such environmental impacts. The
amount contributed by or on behalf of such projects shall satisfy the proportionality
requirements of the Mitigation Fee Act (Cal. Gov't Code §66000 et seq.).
7.3 The MCOG Study identifies a series of recommended mitigations to address
cumulative traffic impacts of development within the MCOG study area. The parties
agree that these mitigations should be prioritized with some performed before others, and
that some of the proposed mitigations may require revision or modification based on the
infeasibility of the mitigations or development of a better alternative. The parties also
recognize that development in the portions of the MCOG study area located within the
City and within the unincorporated area of the County is likely to take place at different
rates. The parties shall determine a schedule tied to increased levels of traffic for
constructing the recommended traffic mitigations or any agreed upon modifications of
Deleted: Alternatively, any funding
such mitigations. Those mitigations, including any agreed upon modifications, shall
shortfall may be addressed by requiring
either (1) be constructed when called for under the agreed upon schedule, or (2) the
some projects to pay for the full cost
the required mitigations, even if that cost
project shall not be approved, if sufficient funding is not available to construct the
exceeds that project's proportional share
mitigations as scheduled; or, the jurisdiction or jurisdictions where the development
g .l .l 1�
of the cost of all mitigations required by
this agreement, with a right of that project
triggering the need for the mitigations has occurred may proportionally fund the shortfall
to be reimbursed from the fees paid by
with a right of reimbursement from the fees paid by future developments; or, the
future developments
jurisdiction may require a given project, in lieu of paying its full share of each mitigation
Deleted: .
identified in the MCOG study (or other study referred to in paragraph 7. 1), to pay a
Deleted: ; or, after meeting and
proportional share of a specific mitigation provided that each project pays its
�
confhigher
greem with the other party to this
aagreemenntt , and subject to the
proportional share of the total mitigation costs identified in the MCOG study or other
requirements of CEQA, the parties may
stud under
y paragraph ra h g P 71
allow a project to proceed by modifying
the schedule or the required mitigations.
7.4 The foregoing provisions of this paragraph shall not preclude either the City
Deleted: ¶
or the County from adopting a statement of overriding consideration.for specific projects
Deleted: to reduce or limit the
imposition of mitigation funding
that the City or County approves prior to the adoption of off-site capital improvement
fees under the Mitigation Fee Act for projects within the MCOG study area; provided,
however, that the City or the County complies with its obligations under Section 7.3,
above
8. Modifications. City or County may, from time to time, request changes in the terms
of this Agreement. Such changes, which are mutually agreed upon by and between City and the
County, and approved by the City Council and the Board of Supervisors, shall be incorporated in
written amendments to this Agreement.
9. Assignment. City and County shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment or novation), without the prior
written consent of the other party.
10. Application of Laws. The parties hereby agree that all applicable Federal, State and
local rules, regulations and guidelines not written into this Agreement shall hereby apply to the
parties' performance under this Agreement.
11. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California, and any legal action concerning the agreement must be
filed and litigated in the proper court in Mendocino County.
12. Attorneys fees. In any action to enforce the provisions of this Agreement the
prevailing party shall be entitled to recover from the other party, its reasonable attorneys' fees in
addition to its costs of suit.
13. Severability. If any provision of the Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated in any way.
14. Integration. This Agreement contains the entire agreement among the parties and
supersedes all prior and contemporaneous oral and written agreements, understandings, and
representations among the parties. No amendments to this Agreement shall be binding unless
executed in writing by both of the parties.
15. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or
shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
16. Notice. Whenever notice, payment or other communication is required or permitted
under this Agreement it shall be deemed to have been given when personally delivered or when
deposited in the United Sates mail as certified or registered mail, return receipt requested, and
addressed as follows:
Deleted: (1) the parties agree in writing
to the reduction or limitation of
mitigation funding for the specific project
and (2)
COUNTY
County of Mendocino
c/o: County Administrator
County Administration Center
501 Low Gap Road
Ukiah, CA. 95482
UKIAH
City of Ukiah
c/o: City Manager
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
17. Paragraph headings. The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope of this Agreement.
18. Duplicate originals. This Agreement may be executed in one or more duplicate
originals bearing the original signature of both parties and when so executed any such duplicate
original shall be admissible as proof of the existence and terms of the Agreement between the
parties.
19. No third party beneficiaries. This Agreement is for the exclusive benefit of City
and County and confers no rights or benefits on any persons or entities not a signatory to this
Agreement. No third party beneficiaries are intended or established by this Agreement.
WHEREFORE, the parties have entered this Agreement on the date first written above.
CITY OF UKIAH
By
Mayor
ATTEST:
City Clerk
Approved as to form:
City Attorney
COUNTY OF MENDOCINO
By:
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
Approved as to form:
County Counsel
EXHIBIT A
Road Improvement and Land Use Agreement AnacWENi..Z
ORRS CREEK BRIDGE IMPROVEMENTS
The City of Ukiah is proposing to construct a roadway improvement project. This project
was proposed as "project enhancements" when the City approved the WART 'Project on
Orchard Avenue to the south of the Study Area. The MART project resulted in traffic
traveling through residential areas north and west of the KMART Store. The City agreed
to investigate the possibility of constructing the currently proposed project as a means of
alleviating those traffic effects. This EIR is the fulfillment of the City's intention regarding
that past projectt. The proposed project improvements (as shown on Figures 4 and 5)
include the following:
1. Extend Orchard Avenue to Brush Street from its current northern terminus at Ford
Street. Improve Orchard Avenue from Ford Street to the bridge to provide two
travel lanes and dirt shoulders plus adequate.taper to the bridge.
2, Construct a concrete bridge across Orr Creek. The bridge would be
approximately 95 feet long. It would have a total width of 62 feet to allow four
travel lanes plus 4 -foot wide bike lanes and 5 -foot wide sidewalks on both sides.
Initially, only two travel lanes would be constructed on the bridge.
The bridge would include a middle support which would be constructed in the
lower portion of the north bank as shown on Figure 5. The support would be a
"pile bent" system (i.e., piers set in the ground to support the bridge structure)
using 13 15 -inch diameter piles placed in a single row parallel with the stream
channel.
It is possible that the final geotechnical design report will recommend armoring of
the north bank to prevent erosion.
North of the bridge, Orchard Avenue would be extended to Brush Street. The
extension would include two 12 -foot wide travel lanes with 6 -foot wide dirt
shoulders.
South of the southern bridge abutment, ramps would be constructed on the east
and west side of Orchard Avenue. The 16 -foot wide ramps would be
constructed to allow City maintenance vehicle access to City -owned property on
the south side of Orr Creek. The ramps would be gated and not allow public
access.
A storm drain would be constructed that would collect runoff from ditches south
of Brush Street and north of Orr Creek. Roadside ditches would be constructed.
adjacent to the Orchard Avenue Extension north of On: Creek: The runoff in
these ditches would be directed to a storm drain inlet located about 120 feet south
of Brush Street. A 48 -inch underground storm drain would then transport runoff
to a discharge point beneath the north abutment of the proposed bridge. Runoff
would then discharge down the north bank of the creek beneath the bridge to Orr
Creek. A rock outfall would be constructed. beneath the storm drain outlet to
prevent streambank erosion. The drainage pipe has been designed to handle
flows from possible future development in the Study Area.
A 124nch water line would be extended from its current northern terminus on
Orchard Avenue north to Brush Street along the east side of the future Orchard
Avenue Extension/Public Utility Easement right -0f --way, The water line would be
attached to the east side of the bridge above the 100 -year flood elevation. The
new water line is proposed to provide adequate fireflows along Ford Street (i.e.,
allowing the water lines to be "looped"). No new service would be provided off
this new water line.
A 130 -foot retaining wall would be constructed along .a portion of the west side
of the Orchard Avenue Extension. The retaining wall would start about 270 feet
north of Ford Street and extend about 115 feet north and then tum west for about
30 feet along the south side of the proposed maintenance ramp road. The
retaining wall would have a maximum elevation of about 5 feet.
The bridge structure would include conduits to accommodate future electrical -and
communication lines.
EXHIBIT B
Road Improvement and Land Use Agreement
NOTE: The source of this map is Figure 6 of the Revised Draft EIR dated October 2002.
♦�
E
E
-
\
'\
— E
L U
E
U
`\
>
Cd
CD
m
xxi
\
V
GO
O
Z i
7
1 I
1
u
O \
1
.
loans 4sru9
03
o
t� v
1
/
3tvW3 Jj0
NOTE: The source of this map is Figure 6 of the Revised Draft EIR dated October 2002.
City of Ukiah
Commercial Development
Design Guidelines
Adopted by,
The City of Ukiah - 2001
Prepared by,
Ukiah Redevelopment Agency & Staff - 1992
Downtown Master Plan Committee - 1992
City Council - 2001
City Planning Commission - 2001
City Planning Department Staff - 2001
Design & Layout by,
Jennifer Nelson - D 3 Creative services. - Wscreative_eornl
Table of Contents
PART1 - PREFACE................................................................................. ......................
PART It - INTRODUCTION
.............................................................................................. iv
PART Il - DOWNTOWN DESIGN DISTRICT -GUIDELINES .................................................. I
Welcome to Ukiah .........................
Downtown Ukiah Design District Map............................................................................... 2
HistoricalOverview............................................................................................................ 3
ApprovalProcess................................................................................................................ 4
DowntownSite Planning.................................................................................................... 6
Roofs, Facades and Store Front Openings................................................................ 8
Signs..................................................................................................................... 12
Streetand Site Furnishings.................................................................................... 15
Pedestrian Circulation and Lighting....................................................................... 16
LandscapeDesign................................................................................................. 17
PART 111 - AREAS OUTSIDE THE DOWNTOWN DESIGN DISTRICT -GUIDELINES ............... 18
Purposeand Intent...........................................................................................................
18
SitePlanning
19
.................................................................................._..................................
Parking..................................................................................................................
19
PedestrianOrientation...........................................................................................
19
Compatibility with Surrounding Developments.....................................................
20
BuildingDesign
20
................................................................................................................
Architecture..........................................................................................................20
BuildingColors
20
......................................................................................................
BuildingMaterials.................................................................................................
20
Lighting................. ......................_.....................................................
20
EnergyConservation.............................................................................................
21
Signs..............................................................................................................................
21
Outdoor Storage and` Service Areas..................................................................................
21
Fences& Walls..............................................................................................
22
Landscaping....................................................................................................................22
ParkingLots ........................................ .................._.._.............................................
22
PART IV - PLANNING: CHARTS AND CIII:CKLISTS...........................................................23
pre -Approval Considerations Checklist............................................................................
23
Project Review Process At-A-Glance................................................................................. 24
PART V - LOCAL EXAMPLES 01 DESIRABLE- DESIGN E'LE'MENTS.....................................25
lzesidential Conversions..................•••---...-•--._....................... __........._....... -........
2
NewCons-trUCtion...................................................... ..........._..---------------- ._._.._.........-....... 26
PART VI - ROSTER 01= CITY CONTACTS.........................................................................27
PART VII - ADOPTION RESOLUTIONS ..................................................................... 28
Preface
Design guidelines (architectural or urban design)
are a tool to shape development in design -
specific ways beyond the scope of ordinary
zoning and other standard types of development
control. They encompass site planning as well
as architectural features of buildings and
generally deal with the external aspects of a
building project, its site, and its relationship to
the surrounding neighborhood and the users and
experience it.
The quality of the urban environment is the result
of thousands of design efforts of developers, land
owners and designers over an extended period
of time. Design guidelines can assist the creation
of excellent architectural and urban design
projects that will contribute positively to
community design objectives. They are also
intended to encourage private developer
participation in developing a quality built
environment.
Design guidelines include principals, objectives
and specific recommendations to promote
orderly, attractive and harmonious development, and to stabilize land values and to shape and create approval
projects for the decision makers consideration. They are a means for staff, on behalf of the Planning
Commission and City Council to state the community's design goals and objectives to designers and developers,
and they form the agenda for negotiation of these goals into the actual design of projects.
"I -he Ukiah Development Design Guidelines have several benefits for developers, staff, the general public and
decision makers:
- They set clear, consistent rules for developers and their architects, saving time and money in the
design phases.
'Fhey protect private investments by establishing a common set of rules for everyone.
They protect public investment by helping to create a high quality private development response
to public improvements and objectives.
Introduction
On May 20, 1992, the City Redevelopment Agency
formally adopted the Downtown Design Guide,
which defined a downtown design review area and
established design criteria for development. The
design review area is quite broad, extending from
Low Gap Road on the north to Talmage Road on the
south, and from Oak Street on the west to
Highway 101.
The design criteria include provisions for downtown
site planning, building materials, color selection, roof
design, facades and store front openings, street and
site furnishing, signs, parking, lighting and
landscaping. The design criteria have been used
effectively by the Design Review Board when
entertaining proposals for renovations, alterations,
reconstruction projects, and new developments. The
Design Guide clearly defines the role of the Design
Review Board, and states that the Planning
Commission only reviews non -design related aspects
of projects that go to the Design Review Board.
However, in May of 1997, the Ukiah Redevelopment
Agency adopted Resolution 97-7 revising the role of
the Design Review Board, and limited their purview
to design review for renovations, alterations and
reconstruction projects. By inference, the Planning Commission then became the design review "authority" for
new development projects within the established design review area.
in 1995, the City adopted a new General Ilan, containing an element (Chapter) entitled, "Community Design."
phis element was created to address concerns regarding poor design and the general lack of aesthetically pleasing
developments in the community. During the visioning process, the need to ensure that buildings are attractive
and that developments are aesthetically pleasing was stressed. Overall, the element provides the foundation for
eventually creating a sense of place in the community.
The General Plan goals related to design include establishing a design review program; creating designs that will
become "preservable" structures; providing an aesthetically pleasing urbanscape; and creating uniform, attractive
landscaping standards for development projects.
The Ukiah Development Design Guidelines combine the existing downtown Design Guide with the new
guidelines for commercial development outside the downtown district. They are intended to fulfill the direction of
the General flan, and to provide developers, property owners, staff, the general public and decision makers the
means of meeting the community design goals.
s
Welcome to Downtown Ukiah...
Adopted on May 20, 1992, this Design Guide is the result of our efforts to assist you in
developing and improving your property. We hope it helps you plan your exterior
work within Ukiah's Downtown District.
This Guide is dedicated to meeting our community goals and assisting those involved
with the development process in Ukiah's downtown. The Downtown Design District
is illustrated on the map on page 2 and encompasses the historical commercial
core of the City.
As a member of our community, you own a part of our city's heritage - its past charm,
present vitality, and future direction. Our goal is to preserve this quality of life by:
Promoting a healthy commercial environment that is attractive and
convenient for residents and visitors.
Enhancing the pedestrian shopping experience in the downtown.
Promoting an attractive and visually unified downtown
core with its own distinctive image.
Upgrading and maintaining the overall character of our downtown.
Building on the distinctive architectural and historic character
currently existing in the downtown.
Providing better coordination between the design character of new
development and redevelopment of existing buildings.
The spacial standards set forth in this booklet will help protect those assts and fulfill
the visions created for the Downtown Design District.
New buildings should attempt to be compatible with the character of the existing
viewscape in terms of building height, massing, setbacks and design character. New
development should contribute to the visual quality and cohesiveness of its setting. but
need not imitate or mimic the details of adjacent development. Reconstruction, repairs,
or alterations to existing structures should endeavor to preserve as much of the original
character of the building as is possible. While this can be accomplished through the
use of alternative materials, the use of original materials provided on the
site is encouraged.
Downtown Ukiah Design District
"ocnrar' y
•
luCe luce
m
OOserlatory Q
C.;.1, jacinta Was wVon
r
Nokoms
sdhooi
M
C
E �
fnas
g
CO
C Tatauge
�alma� j" f�onUge
rr
Nast.ngs
Waoash
N V,
O N
C a
o
T
a
� y
• a Beaco��
Commtr ct
D
chy o1
UkLmh
Airport
o g 222.
age
E
c
g
C
G
U
-.Santa Rosa -58 miles a South
San Francisco -115 miles
oBoonville, Hwy 253-19 miles
CLHighway1-33 miles
6
O
Willits -22 miles
t;
Cypress
r. cr�
Eureka-151 miles
� Bragg
O&M
Design
-- Fort -51 mV -2s
$'
DIStfICt
6o+r Oa.rsa a
Nonan v;
3'
North
}` �fTodd �� Grote.
a
�C.0
`� �dls
` 8 cr�r. •.
tirt df Waw
'1
,-
.TO ;fwd Rd
!
E Perkins
rsrk ,o Atp iii •�
GiomO dri JM
/lwtoe+ •
-
t �'
■%ti�rw 1{o¢w �t ; .
Yosemite
0
�
S� Vbr"
�Ole�
N M t
3
"JC W WoosCa
o
•'o
( c art ri a
Or+aes
M OW
few iCHP
OA M Pomo E Gobbr
fUkiah
�� ' • .- -`�
►.�+� i
f
Downtown Design
Low QMV
3� ism • Bront►et
-- �.
�-�,' • VichySall a
f.rir
,% ■ �; �;
Talmage Road
G Cooaef
Offloo
and Low Gap Road
z
�
� �� arYiii
_r=--..._
/.•"'`{,. iii
�•L f ..L... 17.
"ocnrar' y
•
luCe luce
m
OOserlatory Q
C.;.1, jacinta Was wVon
r
Nokoms
sdhooi
M
C
E �
fnas
g
CO
C Tatauge
�alma� j" f�onUge
rr
Nast.ngs
Waoash
N V,
O N
C a
o
T
a
� y
• a Beaco��
Commtr ct
D
chy o1
UkLmh
Airport
o g 222.
age
E
c
g
C
G
U
-.Santa Rosa -58 miles a South
San Francisco -115 miles
oBoonville, Hwy 253-19 miles
CLHighway1-33 miles
6
O
St
t;
Cypress
r. cr�
Downtown
O&M
Design
s. f�af UkWh 0007
�. Hospi►al
DIStfICt
6o+r Oa.rsa a
Nonan v;
3'
�n9s
}` �fTodd �� Grote.
a
�C.0
`� �dls
` 8 cr�r. •.
tirt df Waw
'1
•
E Perkins
rsrk ,o Atp iii •�
GiomO dri JM
/lwtoe+ •
-
t �'
■%ti�rw 1{o¢w �t ; .
Yosemite
0
�
S� Vbr"
�Ole�
N M t
3
"JC W WoosCa
o
•'o
( c art ri a
Or+aes
M OW
few iCHP
OA M Pomo E Gobbr
fUkiah
�� ' • .- -`�
►.�+� i
f
Downtown Design
District Includes
�'
f
r Frontages to I(P
Talmage Road
G Cooaef
and Low Gap Road
z
"ocnrar' y
•
luCe luce
m
OOserlatory Q
C.;.1, jacinta Was wVon
r
Nokoms
sdhooi
M
C
E �
fnas
g
CO
C Tatauge
�alma� j" f�onUge
rr
Nast.ngs
Waoash
N V,
O N
C a
o
T
a
� y
• a Beaco��
Commtr ct
D
chy o1
UkLmh
Airport
o g 222.
age
E
c
g
C
G
U
-.Santa Rosa -58 miles a South
San Francisco -115 miles
oBoonville, Hwy 253-19 miles
CLHighway1-33 miles
6
O
Historical Overview
he arrival of A.T. Perkins in the Ukiah Valley
in 1857, marked the beginning of the settlement
of Ukiah as a town. The Perkins family purchased
a log cabin and acreage from temporary settlers
and started a blacksmithing business in downtown Ukiah at
what is now the corner of Mair: and Perkins Streets. The
town grew rapidly due to migrations from the depleting
California Gold fields. Ukiah captured the coveted county
seat designation in 1859, and by May 1, 1860, a City Map
had been filed at the Recorder's office.
The first buildings, both residential and commercial, were
built along Main Street. However, by the 1860's, most
businesses had moved up to State Street and into those blocks
nearest the Courthouse. The primary building materials of
the early periods were wood but a series of disastrous fires
prompted use of more fireproof materials. The Ukiah Valley is rich in clay deposits and several brick kilns were started to
accommodate the growing demand for local brick. Brick remained the primary material until the 1920's when the use of
reinforced concrete emerged.
Building colors used prior to 1910, were usually white, cream, mustard yellow, green or cinnabar. The majority of brick
buildings remained in their natural color -
Multi -color painted exteriors were generally not used in the downtown at the time. In later years, buildings received a stucco
finish with earth tones such as cream, beige, or putty predominately used. Trim colors were often red or dark brown. Black the
on bulkhead or under window space was very popular.
The new Courthouse, built in the late 1940's used a soft green the on its lower half. This color was very popular and was used
repeatedly on other buildings. The use of pink concrete block and rose-colored flagstone was also popular at this time.
The 1920's brought many changes to the downtown. With completion of
the Redwood Highway, through the downtown core or along State Street.
signage along State Street proliferated and was extended from the buildings,
and traditional Victorian facades were stripped to modernize Ukiah's
storefronts. The desire of Ukiahans to capture the tourist trade resulted
in the demolition of older homes and the large lots being converted into
auto courts, restaurants, and gas stations along State Street.
The downtown character of Ukiah essentially remained the same until
after World War 11, when the arrival of large timber companies brought
an era of prosperity throughout the greater valley began and the downtown
received extensive and rapid modernizations. The 1872 Courthouse was
torn down and many of the existing commercial buildings received metal -
sheathing facades. Modern design and construction favored long, low
single -story buildings, often built from concrete block. The decline in
the downtown's economy did not occur until the construction of the
1965 freeway and proliferation of outlying shopping centers.
The personality and appearance of our downtown has been greatly
influenced by these events. From the destruction of wood frame buildings
by fire in the early 1890's. to modernization of the building facades in
post WWII, downtown Ukiah has experienced numerous changing
identities. These changes should be considered when initiating new
development or rehabilitation. No specific historical period is targeted.
however, integrated architectural designs with the heritage of a building
and its environs are an ultimate goal of this program.
Approval Process
An important objective of the design review
procedure is to better coordinate the
processing of your development plans prior
to obtaining a Building Permit. This includes
streamlining the process to minimize the steps
required to completion of your project. The
process outlined here is provided to inform you
of hov.° our design review system works from
start to finish.
At the back of this Guide you will find a
checklist of general considerations. You will
want to review the checklist once you have
reviewed the Guide to determine the
compatibility of your project with the
downtown design goals.
Steps of the Approval Process
Your first step will be to go to the
Planning & Community Development
Department in the Civic Center and confirm
that your project is in the Downtown Design
District. You should also request
information to answer the following
questions:
What do 1 need to apply for development?
Is my project appropriate for zoning
regulations?
What is my approval process and how
much time is involved?
Do I need to review the Design Guide
further to better understand what is expected
of me?
Do I need any encroachment permits for
outdoor activities in the public right of way?
rUpon completion of your
application you should return to the Civic
Center to submit your application.
3.1 if your project is renovation, alteration,
reconstruction or demolition of an existing
structure, you will interact with the
Downtown Design Review Board to finalize
your project.
b.I if your project is new development on a
recently vacated or vacant lot and involves a
site development permit, you will be
scheduled for a meeting with the Project
Review Committee to occur in approximately
two weeks. Final approval of new
cor,struction projects will occur at the
Planning Commission. The process is
outlined in step 5a on page 5 of this Guide.
c.! If your building is constructed after 1972,
you will want to refer to the current edition
of the Uniform Building Code for seismic
requirements. For historic buildings or
buildings constructed prior to 1972, you may
refer to either the State Historic Building Code
or the most recently adopted version of the
California building code series. You should
also verify whether unreinforced masonry
wallas are part of your building
If you are only requesting the construction
of an awning for your storefront, your
application will go directly to the Design
Review Board, as outlined in step 4a.
Preliminary Review with City Staff
This is an advisory review of your
project with the Planning and Community
Development Department staff.
Staff will review your plans with the necessary
City Departments and utilities and will be
discussing information regarding their
requirements and recommendations with you
at a meeting that is usually scheduled within
2 weeks of the submittance. These
Departments include City Electric. Engineering,
Building, Public Works and Fire.
Approval Process (Cont.)
For historical renovations, photo-
documentation of the chosen period in the
buildbig's development should be
presented. This information can be
obtainedat the Held-Poage Memorial
Home and Library, 603 West Perkins
Street, or by calling 462-6969. Property
owners completing facade renovations are
encouraged to review the building's
historical background for restoration in
accordance with the selected period of the
building's development.
Design Review Board
The fourth step is to attend a
Design Review Board meeting.. This is
the last step towards completion of your
project design.
The Design Review Board (DRB) is
comprised of City and Redevelopment Staff
and members of the community. They will
review your project for compliance with
the Design Guide and exchange their
concerns and comments with you at this
time. if concerns regarding the project
design remain, you may revise your design
and resubmit it to the DRB or file an appeal
with the Redevelopment Agency Board to
review your project as originally submitted
within 10 days of the denial. Should the
Board approve your application. your
process is complete and you may apply
for a Building Permit to commence work.
Congratulations!
New Development
Project Review Committee
Since your project is for new
development and involves a site
development permit, you will participate
in a Project Review Committee meeting.
and your project is subject to the review ! appeal the Commission's decision to
and approval of the Planning g i the Ukiah City Council within 10 days
Commission. of the decision.
New development will require a
more complete review by Cie various
City Departments and public utilities {
making up the PRC. This helps insure
seismic standards are adequate and
services can be provided to the
development. This will help you
understand fully what your project
requirements will be upon approval.
The time frame for scheduling this
meeting is approximately two weeks
from date of application.
Staff Review
At this stage Staff reviews the
permit to insure compliance with the
Downtown Design Guide, and Ukiah
General Plan. Staff also performs an
environmental review according to state
and local laws.
Planning Commission
Your final step in the approval
process for a new construction is a review
by the Planning Commission.
Planning Commission meetings are
scheduled every second and fourth
Wednesday of the month. Your hearing
will be scheduled approximately three
weeks after the Project Review
Committee meeting;. This time frame
allows for adequate environmental and
site review and completion of public
noticing requirements for projects of this
nature.
A public hearing before the {Tanning
Commission in the Council Chambers at
the Civic Center. I'ubl-ic comment is
provided for during this time.
Should the Commission approve your
application, your process is complete
and you may apply for a Building Permit `.
within IU days of the Planning
Commission's decision.
Should the Commission disapprove your
application, your next step will be to j
resubmit a modified application or
Site Planning
Buffer Strip & Parking Lot Planning
RECOMMENDED
�- Street Tree
Screen trees,
alternate spacing
with street trees
Hedge
Parldng trot Planting:
i One tree island req'd
for each six stalls, mii
y Canopy trees
at 2t]' on center
Site Features
Significant site features such as existing trees, lot
size and shape, and relationship to surrounding
development should be a compelling consideration
in determining site design.
Parking
Site design should emphasize the aesthetic screening
and shading of parking and be clearly designated
by directional signs. Whenever possible, parking
areas should be dispersed into smaller components
to avoid massing and emphasize landscaping.
Parking area walkways should be constructed with
safe and well marked materials.
Pedestrian Orientation
All developments should emphasize pedestrian
orientation by creating attractive, friendly pedestrian
spaces. Outdoor space should be well landscaped
and include appropriate furniture and other elements
of interest such as sculpture, displays and kiosks.
€° g` Compatibility
Minimum buffer strip J,_f4
f Development should attempt to be compatible with
Note: All dimensions are from face of curb or edge of sidewafk surrounding land uses from both a functional and
mmmw) aesthetic standpoint. The location of businesses
should be coordinated with adjoining properties to avoid inconsistency in use. For example, professional offices would be more
appropriate adjacent to residential neighborhoods than high volume retail or restaurant uses. Street level businesses should be
oriented to retail, restaurant and personal services. Professional offices are discouraged as storefronts, but should be encouraged
as back offices or second stories.
Development should not create unattractive views for neighbors or traffic corridors. All exposed elevations should maintain
consistent architectural character. Service areas, trash enclosures, utility meters, and mechanical and electrical equipment should
be screened from view by solid walls constructed with materials similar to the building. Screening of these areas should be
integrated into the overall building and landscape design.
Coordination
With Adjacent Properties
Property owners are encouraged to develop
shared facilities such as driveways, parking
areas, pedestrian plazas and walkways to
maximize usable areas and create unique
design opportunities.
Setbacks
tietbacks for new development should consider
the character of existing adjacent frontages. In
the downtown core, minimal setbacks have
created a strong; architectural presence and
Site Planning (Cont.)
more intimate visual scale along storefronts. With that in mind, deeper setbacks are encouraged when their use would allow for
sidewalk widening or the creation of special pedestrian areas such as entryways, courtyards, outdoor cafes, shopping arcades
and other features intended to enhance the pedestrian environment.
vary facade setbacks
to enhance pedestrian,
scale and interest
J •� '� Avoid setbacks
that disrupt the
rhythm of the streets
architectural edge
J
Provide convenient
safe and attractive
pedestrian access
RECOMMENDED
�
{
shad)
of
t` No use of
Building Materials � ins
pe
Since the late nineteenth century, the primary building material
t..
in Ukiah's downtown core has been masonry. The early buildings���
in the downtown core were constructed of locally fired brick, while
those built after World War II were of concrete block. Many of these buildings have since been resurfaced with either paneling or
stucco for either aesthetic or structural reasons, or both. Exposed concrete block should not be used on any wall visible to
neighbors or pedestrians. If concrete block is used on visible exterior walls, creative design and surface texturing will be required
to avoid long, monotonous building fronts. Concrete block used on walls not visible to the public; i.e., firewall construction, may
be left untreated. Care should be taken when renovating brick surfaces so damage to the bricks does not result from renovation
efforts. If it is necessary to replace original brick surfaces, new material should match the color and size of the original brick and
mortar. Bonding pattern and size of joints should also match the original sections. Totally new building construction should select
Maintenance
A commitment to regular maintenance of the
landscaping and building facade ensures continued
high property values and creates a desirable
downtown environment.
NO
RECOMM
T
ENDED
exterior finish materials that are compatible in quality to the surrounding properties.
If you are cleaning any masonry surfaces, methods or materials that you might consider are gentle detergents,
appropriate chemicals used per the manufacturer's recommendations, and high water pressure cleaning using correct
pressure so as not to destroy brick surface or mortar joints. Sandblasting is not recommended because it defaces or
causes severe damage to the brick and stone and accelerates erosion by allowing water to enter the pores.
Color Review Downtown Design Revi�Board does not approve or disapprove specific colors. I towever, exterior colors should relate to
natural building materials and/or be compatible without being identical to surrounding properties. The use of more than one vivid
color per building is discouraged. Color selection for the purpose of individual statement at the sacrifice of the compatibility of the
surrounding area is discouraged. Multiple store fronts with a common facade or appearance should strive to coordinate colors
during renovation efforts.
If you are having difficulty in selecting colors, the best approach maybe to drive or walk through the district
looking at other buildings and noting color combinations you prefer. You will notice, too, that it is important for colors to
blend with the neighborhood. very dark colors, too many colors on one building, or stained surfaces are very obvious and
often do not harmonize with surrounding buildings_ Remember that the colors you select will have an impact on your
entire block. Agood rule of thumb is: One (1) primary color for the body of the building; one (1) secondary color for major
trim and/or cornice work; and one (1) or two (2) colors for minor trim. Your design review board is available to assist you
in selecting compatible and harmonious color combinations upon request.
Roofs, Facades &Store Front Openings
Roofs & Rooflines
The form, color, and texture of the roof should be considered an integral part of the building design. Rooflines, materials, and
colors of adjacent development should be considered.
Ukiah's downtown core is comprised mainly of traditional relatively flat roofs hidden by the extension of the front wall plane
or parapet. Consideration of historical roof forms and decorations is encouraged, particularly if the roof is exposed to public
view. Diversity in parapet shapes will add .interest to the building or rhythm of existing storefronts.
tiugt'��;rion. When installing a new roof that will be exposed to public view, choose a neutral color that will be adaptable
to future color changes on the building.Sreening for any roof -mounted apparatus will be required.
Upper story setback
to maintain storefront
bulk and height
New roof lines exposed to public view should cant' on
tradition of existing roof slopes and shapes
s
J 1
� 1
y
t' �4
Facade scale and materials
E should relate to adjacent buildings
Facades & Store Front Openings
Facades
Property owners that are contemplating facade improvements are highly encouraged to review the building's historical background
so that the restoration may reflect a selected period of the building's development conducive with Ukiah's Facade Redevelopment
Program. building facades should be varied and articulated to add visual variety and distinctiveness, and be designed to
human scale. Long, straight facades without openings or changes in whole planes should be avoided. Articulation will add three
dimensional interest to the building.
Elements typically used to articulate a building's facade include cornice lines. parapets, eaves, awnings, windows, balconies,
entry insets and signs. Building entries should be accented with strong architectural definition. Facades without a strong
sense of entry should be avoided. Projecting elements such as awnings. trellises and overhangs are effective in adding three
dimensional interest to facades and enhancing the sense of entry into the building. Such elements can also improve the
pedestrian environment by providing protection from adverse weather conditions. Awnings can be a very effective and
inexpensive method of providing storefront dimension, with the added benefit of area for limitedsignage. Awning material
should be cloth or similar material: metal awnings are actively discouraged.
Facades &Store Front Opening
aEFoREJi.,w*
on D 8 D 0 8 D D 0ADD
AFTER J If brick is under the stucco and
the stucco is not for structural
If stucco is to remain, the use of stability of the brick the btAkiing's
medium & right color areas wilt help apprearance would be greatly
to break up the mass of the facade enhanced by exposing the brick
o a
�r ■a� 1k■ ■■■■ ■ ■■-I
Ifl 4,_1 - jUL IF
Store names on Awnings ou separate store fronts Signs may be painted
awning valances within a single building should on the windows
be the same color
-rr- in- -- - - - -- . P..:11_ -Ali- CM-
_
--
AFTER
®�i�t rips r
Corbelled cornice
Double hung windows
Brick veneer
Awnings of same size
and color with main signage
on awning valance
Logo painted on glass
Older building that has been
stripped of architectural detail
BEFORE
Painted bands of light and dark
accent colors can be used to
define building as lost detailing
once did
Awnings over 2nd floor windows
Window planter boxes
S�-gnnaaggee band with
irdividual signs
Planter boxes
AFTER l
Facades & Store Front Openings -(Cont.)
Single Building That Has Been
Artificially Treated As Two
BEFORE
a;■
111[
-J-3_ Multiple Wall Signs Should
w -- Be The Same Size And Shape
IL Hanging Signs Should Be
111
_ Located in the center of the
- -- —" - - Building to Avoid Visibility
Problems Caused by Awnings
And Signs on Adjacent Buildings
■ ■ _��', .... __ ._.
•' New Bulkhead Treatment
AFTER
WINDOW OPENINGS
The display window is the link between the pedestrian
environment outside and the business activity inside. Window
space along a commercial building's frontage should be designed
to provide a maximum amount of retail exposure with entryway
insets to help break up the building's volume into smaller
components and reduce apparent mass, while increasing visual
interest.
When renovating a residential structure or converting it to
commercial use, care should be taken to preserve the residential
characteristics of the building's original architecture.
AFTER
Original Building Exposed After
Removal of Metal Siding
Backlit Awnings
Main Signage on Awning Valance
Logo Painted on Glass
Planter Boxes
Basic Commercial Facade
Cornice: I
Building cap
Upper Facade:
Regularly
Spaced Mtindo
Stor+efrmd:
Entrance &
Windows
RECOMMENDED
: k I � 114 ):*\': Corner properties may want to dace
primary entryways at the corner of the building to
reinforce the street intersection as a focus of
pedestrian activity.
Facades & Store Front Openings (cont.)
REAR ENTRIES
it is important for rear and
side entrances to be equally
as attractive as the front. The
design of each of the
building's elevations should
be coordinated so that
complimentary design and
treatment is used on all
elevations visible to the
public.
Sign s
The primary purpose of signs should be to identify the business or businesses located with a specific site. The design of a sign
should be simple and easy to read. Signs with messages limited to the business name and logo are most effective.
Sign Design
Sign design should conform to the architectural character of the building in terms of historic period, style, location, size,
configuration, materials and colors. Awning surfaces are appropriate for sign placement and building owners are encouraged
to utilize these areas for signage. Signs attached to a building should be designed to be integral with the building and not
obscure or conceal architectural elements. Sign designs should be compatible with the building architecture.
To reduce the visual clutter caused by multiple or large signs, sign area should be limited to the minimum amount necessary
to identify the business. Large signs are discouraged and should be broken up into multiple low -impact signs. Maximum
standards for total sign area are provided in the City of Ukiah Sign Code.
Sandwich board signs shall conform to the requirements of the Ukiah Municipal Code, and shall be tastefully designed with
subdued colors, minimal sign copy, and a creative appearance. The placement of such signs is not allowed in the city right-
of-way.
The types of signs permitted are set forth in the City of Ukiah Sign Code; however, all signs constructed in the downtown
must be approved by the Design Review Board. You have several options for the placement of signs, but the most appropriate
will depend upon your building.
The following are sign types that will be `°
considered for commercial buildings by the% AWNINGS RECOMMENDED
Design Review Board.Ll
1
Signs can be painted on a band above
windows on stuccoed commercial
buildings.
Painted window signs can be used
Narrow and flat signs can be hung
from stationary canopies.
Flat signs can be attached to building
fronts. These should be flush -mounted.
Projecting signs that are limited in size
can be attached to building fronts.
Detached. freestanding signs are not
allowed for structures located directly on
the sidewalk line.
t:xposed tube neon signs are
appropriate if integrated into the building's
design.
Signs permanently attached or
intended to be part of an awning.
Slanted Awning
Box Awning
am
Curved Awning
RECOMMENDED
BANNERS
!.; Multiple tenant buildings should consider developing a sign program that minimizes the visual conflict and
competition between tenants, yet insures adequate identification for each. Signing can be very creative and enhancing it
applied as an art form. When you consider the tyre of sign for you business, you may wish to choose a sign easily
adaptable to accommodate changes in tenants.
Sighs (Cont.)
�RECOMMENDE�
WALL SIGNS
� Carved Signs
Painted
With Raised or Signs
Applied Letters
(C --the Stare31
THE FOOD STORE
Hanging signs over the
public right-of-way
will require an
encroachment permit
and the bottom of the
sign must be at least
eight feet above grade.
RECOMMENDED
Hanging Symbol
w/o Store Name
Intricately
Designed Hanger
Hanging Symbol Ornamental
wl Store Name Hanging Sign
Double Sign wt
Simple Attachment
to Building Facade
Large Vinyl Lettering
Applied to Window or
Painted on Glass
Small Vinyl Lettering
Applied Across Window
in a Horizonal Band
Painted Logo Graphic
wl additional Store
Into in Vinyl Lettering
RECOMMENDED
Another Simple
Sign Attchment
Window sign may not
exceed one-quarter of
the window area.
Street & Site Furnishings
Street & Site Furnishings
Site and street furnishings should be
incorporated into outdoor spaces to encourage
pedestrian traffic in commercial areas.
(tenches, seating, walls, trash receptacles, pay
phones, newspaper racks and kiosks are all
elements which contribute to the quality of a
pedestrian arca if well designed. Design
should be carefully integrated into the overall
architectural quality of the arca.
Lighting in pedestrian sites should be low or
ground level and accented to the site design,
providing adequate security while minimizing
overhead glare and obtrusiveness.
[tenches and other furniture should be
configured and designed to encourage
gathering.
Light & Dark
Accent Color Bands
Multiples Signage Should
Be the Same Size and Shape
Within Signage Band
Awnings On Separate Storefronts
Within A Single Building Should
Be The Same Color
• New Bulkhead Treatment
BEFORE
Roof Sign
is Inappropriate
Building Facade is Plain
And Uninteresting
AFTER
` tl•+�11N+It�il11+N�1t Iwt•il 11 •IlU 41N111 I�t1U 11 lNl�•Ut+
r
Signage Band
Window Shades F
Moveable
Planter Boxes
Pla
RECOMMENDED
I
Pedestrian Circulation & Lighting
Pedestrian Circulation
Parking area design should include
provisions for pedestrian access from
parking areas to building entrances.
Walkways within parking areas should be
clearly marked. They should also feature
special design characteristics such as raised
and/or textured surfaces, low-level lighting,
directional signing and should be bordered
by landscaped areas, berms, or low walls
to provide adequate security and not
impede pedestrian and automobile traffic.
They should also be shaded.
Bicycle parking is encouraged and should be
provided closest to buildings to provide
adequate security and not impede pedestrian
and automobile traffic. These parking areas
should be covered if possible.
Large, unbroken expanses of paving should
be avoided.
RECOMMENDED
RECOMMENI
RECOMMEN1
Pedestrian Access to Parking Areas Should
Be Designed for Safety and Convenience
Lighting Design
Exterior lighting should be considered as an integral part
of the architectural and landscape design. Site plans and
architectural elevations should include location, design
and nature of illumination of lighting fixtures.
Lighting should be located in a manner that minimizes
its impact on adjacent properties and it's ability to reflect
Q Q skyward. The placement of light standards should not
interfere with pedestrian movement. Fixture styles should
T ii compliment the architectural treatment of the site or
neighborhood.
Select Lighting Whose Character is Consistent
with Image of Area to be Illuminated
Direct Lighting Downward
Illuminating Only Those
Keep Lighting Areas Which Need It
in Scale
with Setting
' 16' maxugnum twg !
in. . l
RECOMMENDED j
. . to parking areas, illumination levels
generally need to be somewhat higher for security
purposes; however, illumination should be at ground
level wherever possible, or use a larger number of lower -
level lighting standards.
No Light Should Be
Directed Offsite Avoid Overall
Bright Lights
+ cti
� L
UZ
NOT �• ; .
RECOMMENDED
Landscape Design
Plant Species
Species which are well adapted to the climatic
conditions in Ukiah are preferred and permanent
plantings should be generally hardy and not
require extensive maintenance. Color accents and
annual plantings area encouraged.
The scale and nature of landscape materials
should be appropriate to the site and structures.
Large structures and open sites should be
complemented by large scale landscaping.
Plant material should be sized and spaced so that
a mature appearance will be attained within a
reasonable period of time. As a rule of thumb,
20°x6 of the parking lots should be completed in
Landscape Parking Areas
With a Minimum of
1 Tree Every 4 1.- - -
Planter Strip
5' Minimum Wid
a -r t I t -L�, Curbed Planter Areas
s✓� Along Travel Lanes
r
Landscaped Divider Strip
Landscaping Should Accent the Building Design and Dimensions
But Should not Block Pedestrian Access or Visual Corridor
landscaping. Parking areas should space planter
areas and trees at least every four stalls. Trees
on the south and west sides should be primarily
diciduaous. Groundcover should consist
predominantly of plant materials that are
compatible with the trees planted on the site.
Parking Lot Landscaping
All landscaped areas shall have automatic
irrigation systems installed to insure plant care
and maintenance. Overspray of walkways,
parking areas, and pedestrian rest areas must
be avoided.
Other Landscaping
Window box plantings and plantings suspended
from overhead projections are encouraged to
add color and variety to landscaping.
til le .c ;I ti I ION. Landscaping, should be used to clarity and complement the building site and should enhance the
environment. Choose a plant selection with mature sizes in mind. I sigh maintenance and replacement costs can he
avoided by proper initial plant selection.
0
Purpose & Intent
On May 20, 1992, the Ukiah Redevelopment Agency adopted Design Guidelines for the
Pm=
Downtown Design District. Three years later, in 1995, the City adopted a new General
Plan, which called for the adoption of Design Guidelines for all commercial development
to
within the City limits. After considerable discussion, it was decided that the most
appropriate way to proceed was to simply augment the existing Downtown Design
Guidelines for application to commercial development projects outside the existing
•
Downtown Design District.
The existing Design Guidelines for the downtown area remain unchanged and are
included in this document as they were adopted in 1992. They will continue to be
applied within the Downtown Design District as they have since their formal adoption.
New guidelines more applicable to the outlying commercial areas and commercial
gateways have been prepared and are included as a separate chapter in this document.
The purpose of the Design Guidelines for projects outside the Downtown Design District
is to implement the goals and policies of the Community Design Element of the
General Plan; : to provide design guidance and criteria for commercial development;
to provide site planning and architectural excellence, as well as unity and integrity in
the commercial urbanscape outside of the Downtown core; and -11 to provide attractive
commercial areas along the major transportation corridors outside the downtown that
will stimulate business and city-wide economic development. to provide property
owners, developers, architects, and project designers with a comprehensive guide for
building; design.
The Design Guidelines are intended to address the concerns expressed by the Planning
Commission and City Council regarding; a lack of design guidelines for commercial
development within the City, and to fulfill the direction contained in the Community
0"Oft&
Design Element of the Ukiah General Pian.
The Design Cuidelines are applicable to all commercial development outside the existing
OR
Downtown Design District. and are intended to be applied in a fair and reasonable
manner, taking; into consideration the size, configuration, and location of affected and
surrounding parcels, as well as the size, scope, and purpose of the individual development
•
projects.
Architects, project designers. and/or project applicants are expected to make a strung
and sincere effort to comply with the Design Guidelines and contribute to the
improvement of the City's physical image. Project applicants, with the assistance of
their architects and building designers, are expected to put forth a convincing creative
effort when planning development and designing buildings.
Site Planning
Natural Site Features
Generally, a designer should plan a project to fit a site's natural conditions, rather than alter a site to accommodate a stock
building plan_
Significant existing site features such as mature trees/landscaping, lot size and configuration, topography, and the relationship
to surrounding development should be compelling factors in determining the development capacity and design of projects.
All required Grading and Drainage Plans shall be prepared by a registered civil engineer or other qualified professional
acceptable to the City Engineer.
Parking
The number of parking stalls and overall parking lot design shall generally comply with the requirements of the Ukiah
Municipal Code (UMC.). Deviation from the parking requirements of the UMC. can be approved through the discretionary
review process provided a finding is made that there is a unique circumstance associated with the use of the property that
results in a demand for less parking than normally expected. These circumstances rr:ay include rises that would attract
young teenagers, bicyclists, or a high number of drop-off patrons.
Parking facilities shall be aesthetically screened and shaded with shrubs, trees, and short walls and fences according to the
requirements of the Zoning District in which the 'property is located.
The visual prominence of parking areas should be de-emphasized by separating parking areas into small components. The
practice of placing the majority of parking areas beween the building(s) de-emphasized by separating parking areas into
small components. The practice of placing the majority of parking areas between the building(s) and the primary street
frontage should be avoided.
I RECOMMENDED
D
Rear Delivery D 1
I
Noise Screening —
— — -' Commercial
Around Air Conditioners o�� Building
Landscaping --�
c�
Pleasant Signs �! a
Parallel Parking
Pedestrian orientation
Pedestrian walkways should be included that directly link all parking areas with buildin}; entrances, off-site transportation
facilities, established sidewalks, and adjacent public rights-of-way. They should also be consisten with uses and architecture
from both a functional and aesthetic standpoint.
Outdoor pedestrian spaces should be landscaped and include such features as planters along sidewalks. pedestrian oriented
signs, attractive street furniture, low-level lighting, and outdoor seating areas.
Site Planning (Cont.)
Compatibility With Surrounding Development
The placement and layout of buildings, parking areas, landscaping, exterior lighting, and other site design features should
be compatible with surrounding land uses and architecture from both a functional and aesthetic standpoint.
Development should not create unattractive views for neighbors or traffic corridors. All exposed elevations should maintain
consistent architectural character. Service areas, trash enclosures, utility meters, and mechanical and electrical equipment
should be screened from view.
Property owners are strongly encouraged to develop shared facilities such as driveways, parking areas, pedestrian walkways,
and outdoor living areas to maximize usable areas and create unique design opportunities.
Setbacks for new development should consider the character of existing frontages. Setbacks deeper than the minimum
required are encouraged only in order to allow for sidewalk widening or the creation of special pedestrian areas such as
entryways, courtways, outdoor cafes, and other features intended to enhance the pedestrian environment.
Building Design
Architecture
Monotonous box -like structures devoid of variety and. distinctiveness, and without openings and changes in wall planes are
discouraged. Architectural features such as arches, raised parapets, decorated cornices, eaves, windows, balconies, entry insets,
a variety of roof angles and pitches, and the inclusion of relief features in wall surfaces are strongly encouraged when tied into a
comprehensive design theme.
Building Colors
The use of strong or loud colors, especially those with no tradition of local usage, should be reviewed in context with the overal
asthetic of the area.
Colors should be compatible with adjoining buildings. Color work on the side and rear walls should be compatible with the colors
on the front or street side walls. Decoration and trim should be painted in order to call attention to it.
Building Materials
The creative use of wood, stucco, masonry (brick, stone, tile), and recycled materials are strongly encouraged. The use of metal
buildings is discouraged, unless they are designed in a creative and unique way, that meets the purpose and intent of the Design
Guidelines.
Concrete block and exposed concrete are generally acceptable building materials, provided they are treated, textured, painted,
and/or used in a pleasing aesthetic way consistent with the design guidelines. Materials should be selected to create compatibility
between the building and adjoining buildings.
Lighting
Exterior lighting should be designed to enhance building design and landscaping, as well as provide safety and security. Generally,
exterior lighting should be subdued. it should not spill out and create glare on adjoining properties, and should not be directed
towards the night sky.
Light standard heights should be predicated on the Lighting need of the particular location and use. "ball
lighting; fixtures that illuminate large areas should be avoided.
Lighting fixtures, standards. and all exposed accessories should be harmonious with building design, and preferably
historic and innovative in style. All pedestrian and building access areas should be adequately lighted to provide safety, security,
and aesthetic quality.
Fences &Walls
All sides of perimeter fencing exposed to public view should be ,coeptableFOC SIVeetSkies T Not,ccepl,b,ift F�"S,,M,Skies
finished in a manner compatible with a project's materials, t, n t}� +�. I . { `;,;•._.. , , ��
finishes, colors, and architectural styling. Large blank fence walls,
t
and fences and walls that create high visual barriers are strongly
discouraged. All proposed unpainted wood surfaces should be -"`� Ch n Usk -
treated or stained to preserve and enhance their natural colors.rJ nT
-,-
No portion of a wall or fence should be used for advertising or
1
display. No barbed wire, concertina wire, or chain link should be
Picket Wood & Wire
used as fencing material if the fence is visible from the public
right-of-way. All fencing and walls shall comply with the
I ►1
provisions of the Ukiah Municipal Code. No fencing or wall shall ;
i
obstruct the sight distances of motorists, as determined by the
Wrong t Iron Post & Rail
City Engineer. (See Illustration)
Landscaping
All landscaping shall comply with zoning code requirements. Landscaping shall be proportional to the building elevations.
Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native, habitat -friendly
flowering plants are strongly encouraged. All plantings shall be of sufficient size, health and intensity so that a viable and
mature appearance can be attained in a reasonably short amount of time.
Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non -
deciduous street species shall be restricted to areas that do not inhibit solar access on the project site or abutting properties.
All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless
because of the small size of a parcel, such coverage would be unreasonable. A minimum of fifty percent (50%) of the
landscaped area shall be dedicated to live plantings.
Projects involving the redevelopment / reuse of existing buildings shall provide as much landscaping as feasible. Landscaping
Plans shall include an automatic irrigation system and Lighting Plan. All required landscaping for commercial development
projects shall be adequately maintained in a viable condition.
Parking Lots
Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls with a
continuous linear planting; strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall
primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50% over all paved areas within
ten years of planting. t�ased upon the design of the parking lot, a reduced number of trees may be approved through the
discretionary review process.
Parking lots shall have a perimeter planting strip with both trees and shrubs. The planting of lawn areas with the trees and
shrubs is acceptable, provided they do not dominate the planting strips.
Parking lots with twelve (1 2) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities-
within
acilitieswithin landscaped areas and/or separated from automobile travel lane-, based upon the design of the parking lot, and the
use that it is serving. relief from this requirement may be approved through the discretionary review process.
Street trees are required. They may be placed on the property proposed for development instead of within the public right-
of-way if the location is approved by the City t:ngineer, based upon safety and maintenance factors.
species of street trees shall be selected from the Ukiah Master Tree List with the consultation of the City staff. All street trees
shall be planted consistent with the Standard Miming Imail on file with the City Engineer.
Pre -Approval Considerations
Now that you have reviewed the guide, apply these questions to your proposed plans before you submit your application_
if you can answer yes to all of these questions, your plans have a very good chance for approval. if you have to answer no
to any of these questions, you may want to discuss potential problems with City staff or reevaluate your plans in light of
the goals and criteria of the Commercial Development Guide. We encourage your design creativity and look forward to-
working
oworking with you.
1.) Do your plans relate favorably to the surrounding
area?
2.) Do your plans contribute to the improvement of the
overall character of the City?
3.) Do your plans fit as much as is reasonable with the
building's original design?
Yes ❑ No ❑
Yes ❑ No ❑
Yes ❑ No ❑
4.) Are the changes or new construction proposed in your Yes ❑ NO ❑
plans, visible to the public and architecturally
interesting?
5.) Does your project propose a use consistent with Yes ❑ No ❑
surrounding uses and businesses?
6.) Are all materials proposed in your plans appropriate Yes ❑ NO ❑
to the neighborhood?
7.) Do your plans include landscaping and design to Yes ❑ NO ❑
enhance the pedestrian environment?
8.) t lave your plans been designed in accordance with Yc's ( ( No ❑
the guideline` set forth in this booklet?
U.) Are you aware that Ukiah is in Seismic "Lone 4 and Yes ( j NO (_ �
what that mems to your project?
Project Review Process Flow Chart"
I Project Review Process At -A -Glance E
Define project, gather info
and receive direction at
the City Planning & Community
Development Department
Schedule
pre -application review
with City Planning Staff
Submit
Site Development Permit
or Use Permit Application
Attend Roject Review
Committee (PRC) Meeting to
discuss proposal, receive
feedback, recommendations,
and requirements & receive
preliminary CEQA determination
City Planning Commission
review of project
Schedule
pre -application review with
City Redevelopment Staff
Submit Facade Improvement
Permit Application to the City
Planning & Community
Development Department
Redevelopment Agency
Design Review Board
review of project
Local Examples of Desirable Design Elements
Ukiah Valle -y
CotZfe'rence Cerner
' V
S ai
Local Examples of Desirable Design Elements
fles 'dent '(d Cortversi() 11.
Example /
IE
City Contacts
Below you will find a listing of contacts that can assist you with any questions or issues that you may have. if you are not sure
who to contact to discuss your particular concern, please call the main number for the Ukiah Civic Center and your call will be
directed to the appropriate person.
our staff is dedicated to helping you to achieve your goals when developing or improving your property. We look forward
to working with you.
Planning & Community Redevelopment
Development Department Agency
Charley Stump, Director
Candace Horsley, Director
Planning & Community Development
Redevelopment
Dave Lohse
Albert Fierro
Associate Planner II
Assistant City Manager
(707) 463 6207
(707) 463 6269
Brian Keefer
Larry DeKnoblough
Associate Planner I
Assistant Redevelopment Director
(707) 463 6206
(707) 463 6221
Carl Tuliback
Plans Examiner/Building Inspector
(707) 463 6739
Fire
Department
Dan Grebil
Chief
(707) 463 6264
Utilities
Department
Darryl Barnes, Director
Public Utilities
John Yoast
Electrical Engineering "Technician
(707) 463 6298
"Tum McArthur
Water/Sewer I:nt;ineerint; Technician
(707) 407 2829
Karen Yoast
Redevelopment Secretary
(707) 463 6213
Public Works
Department
Diana Steele, Director
Public Works
Rick Scanor
Deputy Director
(707) 463 6296
Ukiah
Civic Center
300 Seminary Avenue
Ukiah, CA 95482
Ph: (707) 463 6203
I -x: (707) 463 620.1
www.cityofukiati.coni
City Council/
Redevelopment Agency
Candace Horsley, City Manager/
Redevelopment Director
Philip Ashiku, Mayor
Phil Baldwin, Vice -Mayor
Roy Smith
V
Eric Larson
Kathy Libby
City Planning
Commission
Mike Correll, Chairman
Jennifer Puser, Vice -Chairman
Judy Pruden
Joe Chiles
Jim Mulheren
Design
Review board
Thom Parducci, Chairperson
t)eDe Ledford
Marge Boynton
Donn berry
loan Schlietiger
local agency expected to provide essential facilities and services which may be significantly
affected.
4. The subject property shall also be posted in three (3) locations ten (10) days prior to the
public hearing.
D. Action On Site Development Permits: All applications for site development permits shall be
considered and acted upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon all
minor site development pe .,nit applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final
decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon all
major site development permit applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council for a final
decision.
5. At the discretion of the Planning Director, any site development permit application may
be directed to the Planning Commission for consideration and decision-making action.
6. Any site development permit application which is reviewed by the Zoning Administrator
or the Planning Commission may be approved, conditionally approved, or denied.
E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when
acting to approve site development permit applications. The findings shall not be vague and
conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the
basis of the action by bridging the gap between the evidence and the decision -maker's
conclusions, and shall be based upon evidence contained in the administrative record.
Failure to make findings that support the following determinations shall result in a denial of
the site development permit application:
1. The proposal is consistent with the goals, objectives, and policies of the City General
Plan.
2. The location, size, and intensity of the proposed project will not create a hazardous or
inconvenient vehicular or pedestrian traffic pattern.
3. The accessibility of off-street parking areas and the relation of parking areas with respect
to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent
or surrounding uses.
4. Sufficient landscaped areas have been reserved for purposes of separating or screening the
proposed structure(s) from the street and adjoining building sites, and breaking up and
screening large expanses of paved areas.
Road improvemf-A�.t lxrA L,ir d Use Agreement
Introduc.ticc and. Summary
Introduction
This report presents an analysis of the anticipated traffic impacts anticipated in the northeast area of Ukiah
due to cumulative land use development and completion of an extension of Orchard Avenue from Ford Street
to Brush Street. Cumulative development included a number of undeveloped parcels in this area of the City
as well as the development of a 95 -acre area in the Brush Street Triangle area which is generally bounded by
U.S. 101 to the north and east, Orr Creek to the south and the railroad right -of --way to the west. The traffic
study was completed in accordance with evaluation criteria specified by the. Mendocino Council of
Government (MCOG), and is consistent with standard traffic engineering techniques. This plan includes a
property assessment/fee structure and an associated draft AB 1600 ordinance which provides a structure for
funding the recommended improvements.
A previous traffic analysis for this area was completed as part of the Orr CreekBridge and Orchard Avenue
Extension Revised Draft EIR, Leonard Charles and Associates, October 2002 (Section 3.5 - Traffic and
Circulation, completed by Crane Transportation Group). A peer review of this previous traffic analysis was
completed as part of this process and is included in Appendix A.
Summary
Traffic Growth Assumptions
City of Ukiah staff provided a list ofundeveloped parcels within the study area that could potentially increase
traffic levels within the study area. These parcels are projected to generate approximately 12,165 new trips
to the surrounding street network on a daily basis.
Since no traffic model is currently available for the City traffic of Ukiah, long-term background trac growth was
determined through the use of a growth factor. A background growth rate of 1.0 percent per year for 10 years
(total growth increase of approximately 10 percent) was applied to the existing traffic volumes. This growth
rate is intended to represent land development in other areas of Ukiah and intensification of existing uses.
Three alternative land use patterns were developed for the traffic analysis of the Brush Street Triangle area.
The alternatives were crafted in order to obtain a range in vehicle trip generation and travel patterns to/from
the site, and to assist with prioritizing thp improvement projects of the circulation plan. It was assumed that
the Brush Street Triangle area includes 95.71 acres of gross land area. The three alternatives consisted of the
following.
Alternative I —DEIR Land Use: The first alternative represents the same land use that was evaluated in
the Orr Creek Bridge and Orchard Avenue Extension Revised Draft EIR. This land use consisted of
641,728 square feet of retail space, 241,461 square feet of industrial space ,and 56 apartment units.
Development of Alternative 1 would be expected to result in approximately 18,189 new vehicle trips per
day on the surrounding street network.
Alternative 2 — Airport Business Park 2002 Equivalence: In order to assess a less intense retail
alternative, or one which represents an earlier phase of Alternative 1, it was assumed that the Brush Street
Triangle area may experience comparable 10 -year levels of development as the Airport Business Park.
In the 10 years since its initiation, 37.80 acres have been developed at the Airport Business Park. The
resulting 326,330 square feet of new building space was assumed to consist of both retail and industrial
Brush Street Triangle Transportation Study
Whitlock & Weinberger Transportation, Inc.
Mendocino Council of Governments
Page 1 May 30, 2003
uses at a similar ratio to Alternatives 1. Alternative 2 is projected to generate substantially fewer trips,
at approximately 8,218 vehicle trips per day.
Alternative 3'_ Mixed Use: The third land use alternative is based on a mixed use concept consisting of
50 percent residential uses (47.9 acres), 25 percent commercial uses (23.9 acres) and 25 -percent industrial
uses (23.9 acres). The resulting land use mix consists of 536 multi -family units, 48 single-family units,
312,720 square feet of retail uses, and 208,480 square feet of industrial uses which would be expected
to generate approximately 12,251 trips per day.
Need for Interchange Modifications
In order for the Perkins Street interchange area to operate with acceptable conditions between Orchard
Avenue and the U.S- 101 ramps, one of the following two alternatives would need to be implemented.
A) All conflicting movements at the Perkins Street/U. S. 10 1 southbound ramps intersection would need
to be prohibited through the use of a median on Perkins Street.
B) The southbound ramps at the Perkins Street interchange would be eliminated, and new southbound
off and on ramps would be relocated to the eastern terminus of Brush Street.
Due to the high cost of this alternative and long lead time in completing modifications to the State Highway
system, it is recommended that mitigation measures to serve traffic growth in northeastern Ukiah be
formulated to operate with ramp alternative "A' first, followed by alternative `B" in the future,
Recommended Mitigation Measures
Based on the operational analysis presented in the report, the following intersection improvements were
recommended.
North State Street/U.S. 101 Northbound Ramps — Install a traffic signal.
North State Street/U.S. 101 Southbound Ramps — Consider prohibiting the left -turn movement from the
off -ramp.
North State StreetBrush Street -Low Gap Road — Widen the westbound approach to two lanes and
provide for protected left turn signal phasing
Main Street/Perkins Street — tither install a traffic signal or modem roundabout.
Main Street/Gobbi Street — Install either a traffic signal or a single -lane modern roundabout to mitigate
deficient operation. A roundabout with an inscribed diameter of 110 feet would operate acceptably.
Orchard AvenueBrush Street — Install a modem roundabout.
Orchard AvenuelFord Street and Clara Avenue — Provide a center two-way left -turn lane on Orchard
Avenue to facilitate left turns onto Ford Street and Clara Avenue.
Orchard AvenuelPerkins Street — Widen the eastbound and westbound approaches to provide separate
right -turn lanes and implement right -tum overlap signal phasing on all four approaches.
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 2 May 30, 2003
Orchard Avenue/Gobbi Street — Either install a traffic signal or modern roundabout.
Perkins Street/.U.S. 101 Southbound Ramps — Install a raised median on Perkins Street to eliminate all
conflicting movements. Most of the prohibited movements could be accommodated via a return U-turn
on the east side of the interchange. Begin the process of relocating the southbound ramps to the terminus
of Brush Street and closing the southbound U. S.101/Perkins Street ramps. It is expected that this process
would take approximately 10 years.
Perkins Street/U.S. 101 Northbound Ramps — Install a modem roundabout to serve U-turn movements
back to the southbound ramps.
Gobbi Street1U.S. 101 Southbound Ramps — Install a traffic signal.
Mitigation Funding
The total mitigation cost varies from $6,880,000 to $7,550,000. Almost one-half of this cosi, $3,300,000 is
for the interchange ramp relocation to Brush Street. The cost to provide acceptable traffic operation at all of
the study intersections is essentially the same under all three land use alternatives for the Triangle Area.
In order to finance the mitigation measures which would be required to accommodate the future traffic
growth, traffic impact fees have been developed. It is assumed that the cost of the mitigation measures would
be allocated to anticipated development in the study area including:
identified potential projects on vacant parcels in the City of Ukiah
- development at the Brush Street Triangle area
'ff - background land use intensification in the City or,County which impacts the study area
I
Assuming that local development would not fund any of the interchange ramp relocation to Brush Street, the
resulting fee varies between $1,149 and $1,547 per p.m. peak hour trip generated. If the local development
funds 50 percent of the $3,300,000 interchange relocation cost, the fee would vary between $1,596 and
$2,148 per p.m. peak hour trip. In order to gain adequate funds to complete the capital projects and due to
the uncertainty of the amount and type of land use to be developed on the Brush Street Triangle site, it is
recommended that the traffic impact fees be based $2,148 per p.m. peak hour trip.
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 3 May 30, 2003
11
Study Parameters
Study Area
The study area is located in the northeast section of the City of Ukiah including U.S. 101 and the City arterials ,
of North State Street, East Perkins Street and Gobbi Street. The Brush Street Triangle development site is
bounded by U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west
is unincorporated County of Mendocino land. 1'
Freeway
U.S. 101 provides travel two lanes in each direction and serves as the primarily link to other regions to the
north and south. Interchanges in the study area include North State Street, Perkins Street, and Gobbi Street.
All of the ramp intersections at the three interchanges are uncontrolled on the main street with stop controls
on the ramp approaches to the arterials.
Arterial Streets
State Street is the primary north -south arterial in the City of Ukiah. This arterial intersects with the U. S. 101
interchange at the north end of the City and extends to an interchange with U.S. 101 at the south end of
Ukiah. Within the study area, State Street provides four travel lanes.
Perkins Street is an east -west arterial providing access between U.S. 101 and residential areas to the west.
East of U.S.101, Perkins Street becomes Vichy Springs Road which provides access to large unincorporated
residential areas. Between State Street and Orchard Avenue there are four travel lanes. East of Orchard
Avenue, Perkins Street includes two travel lanes.
Gobbi Street is a two-lane arterial providing access between U.S. 101 and residential. areas to the west.
Collector Streets
Orchard Avenue is a two-lane major collector providing north -south access between Ford Street and
residential areas south of Gobbi Street. This study assumes the extension of Orchard Avenue from Ford
Street north to Brush Street.
Empire Drive - Ford Road is an east -west two-lane minor collector providing access at the north end of
Ukiah. It is assumed that Orchard Avenue will be extended north from Brush Street to an intersection with
Ford Road near an overcrossing of U.S. 101.
Low Gap toad - Brush Street is a two-lane major collector street providing east -west access from
unincorporated areas to the west, the high school, County Administration Center and residential areas to the
development area known as the Brush Street Triangle Area.
Clara Avenue, which is classified as a minor collector street, provides access through a residential
neighborhood from North State Street to Orchard Avenue.
Residential Streets
i
Ford Street is classified as a residential street and provides access through a residential neighborhood from
North State Street to Orchard Avenue
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 4 May 30, 2003
Pi -
Orr Street is a minor residential street over Orr Creek which currently serves as a diversion route from
Orchard Avenue to State Street. The extension of Orchard Avenue is expected to relieve this street from
through traffic.
The study area includes the following study intersections and is shown in Figure 1.
1. North State Street/U.S. 101 NB Ramps
2. North State Street/U.S. 101 SB Ramps
3. North State Street/Ford Road -Empire Drive
4. North State Street/Brush St -Low Gap Road
5. North State Street/Ford Street
6. North State Street/Clara Street
7. North State Street/Perkins Street
8. South State Street/Gobbi Street
9. Main Street/Perkins Street
10. Main Street/Gobbi Street
11. Orchard Avenue/Ford Road (future)
12. Orchard Avenue/Brush Street (future)
13. Orchard Avenue/Ford Street
14. Orchard Avenue/Clara Avenue
15. Orchard Avenue/Perkins Street
16. Orchard Avenue/Gobbi Street
17. Perkins Street/U.S. 101 SB Ramps
18. Perkins Street/U.S. 101 NB Ramps
19. Gobbi Street/U.S. 101 SB Ramps
20. Gobbi Street/U.S. 101 NB Ramps
As shown in Figure 1, study intersections which are controlled by traffic signals include North State Street/
Ford Road -Empire Drive, North State Street/Brush Street -Low Gap Road, North State Street/Perkins Street,
South State Street/Gobbi Street, and Orchard Avenue/Perkins Street. Intersections controlled by all -way stop
signs include Main Street/Perkins Street, Main Street/Gobbi Street and Orchard Avenue/Gobbi Street. The
remaining study intersections have uncontrolled conditions on the main street and are controlled by stop signs
on the minor street approaches. Intersection turn lane configurations for the study intersections are included
in Appendix B.
Time of Day Analysis Periods
This analysis focused on intersection operation during two peak hours of the day. Based on an analysis of
existing traffic counts, which is shown in the following section, the a.m. peak hour volumes are generally
15 to 30 percent lower than the p.m. peak hour volumes while the midday volumes range from 5 percent less
to 5 percent higher in some cases in comparison with the p.m. peak hour volumes. Therefore, the weekday
midday and p.m. peak hours were included in the analysis. Typically the midday peak hour occurs between
12:00 noon and 1:00 p.m. while the p.m. peak hour is the highest volume hour between 4:00 and 6:00 p.m.
Study Analysis Scenarios
The following scenarios were assessed in the traffic analysis.
I. Existing Traffic Operations — These conditions are based on existing weekday p.m. peak hour volumes
that were first collected in August of 2002 and were sample counted again in January of 2003 together with
midday peak hour traffic counts derived from the previous p.m. peak hour counts as well as daily machine
counts collected at sample locations in January of 2003.:.
II. Existing plus Cumulative City Projects — This scenario includes the addition of the traffic anticipated
to be generated by the development of currently undeveloped parcels in the northeast study area of the City.
The extension of Orchard Avenue from Ford Street to Ford Road and its associated traffic diversion was
assumed to be completed for this scenario.
III. Future without Triangle Development -- This scenario, which does not include the Triangle Area
development, includes the addition of cumulative traffic anticipated to be -generated by the undeveloped
Brush Street Triangle Transportation Study
Whitlock & Weinberger Transportation, Inc.
Mendocino Council of Governments
Page 5 May 30, 2003
EXHIBIT A
Road Improvement and Land Use Agreement
ORCHARD AVENUE BRIDGE IMPROVEMENTS
The City of Ukiah is proposing to construd a roadway improvement project This project
was proposed as "project enhancements" when the City approved the WART
Orchard Avenue to the south of the Study Area. The WART Pry on
d in traffic
traveling through residential areas north and west of the KMART Project
rThe City greed
to investigate the possibility of constructing the currently proposed project as a means of
alleviating those traffic effects. This EIR is the fulfillment of the City's intention regarding
that past project The proposed project improvements (as shown on Figures 4 and 5)
include the following:
Extend Orchard Avenue to Brush Street from its current northern terminus at Ford
Street. Improve Orchard Avenue from Ford Street to the bridge to provide two
travel lanes and dirt shoulders plus adequate taper to the bridge.
Construct a concrete bridge across Orr Creek. The bridge would be
approximately 95 feet long. It would have a total width of 62 feet to allow four
travel lanes plus 4 -foot wide bike lanes and 5 -foot wide sidewalks on both sides.
Initially, only two travel lanes would be constructed on the bridge.
The bridge would include a middle support which would be constructed in the
lower portion of the north bank as shown on Figure 5. The support would be a
"pile bent" system (i.e., piers set in the ground to support the bridge structure)
using 13 15 -inch diameter piles placed in a single row parallel with the stream
channel.
It is possible that the final geotechnical design report will recommend armoring of
the north bank to prevent erosion.
3. North of the bridge, Orchard Avenue would be extended to Brush Street. The
extension would include two 12 -foot wide travel lanes with 6 -foot wide dirt
shoulders.
South of the southern bridge abutment, ramps would be constructed on the east
and west side of Orchard Avenue. The 16 -foot wide ramps would be
constructed to allow City maintenance vehicle access to City -owned property on
the south side of Orr Creek. The ramps would be gated and not allow public
access.
A storm drain would be constructed that would collect runoff from ditches south
of Brush Street and north of Orr Creek. Roadside ditches would be constructed
adjacent to the Orchard Avenue Extension north of On: Creek. The runoff in
these ditches would be directed to a storm drain inlet located about 120 feet south
of Brush Street. A 48 -inch underground storm drain would then transport runoff
to a discharge point beneath the north abutment of the proposed bridge: Runoff
would then discharge down the north bank of the creek beneath the bridge to Orr
Creek A rock outfall would be constructed beneath the storm drain outlet to
prevent streambank erosion. The drainage pipe has been designed to handle
flows from possible future development in the Study Area.
A 12 -inch water line would be extended from its current northem terminus on
Orchard Avenue north to Brush Street along the east side of the future Orchard
Avenue ExtensiorVPublic Utility Easement right-of-way. The water line would be
attached to the east side of the bridge above the 100 -year flood elevation. The
new water line is proposed to provide adequate fireflows along Ford Street (i.e.,
allowing the water lines to be "looped"). No new service would be provided off
this new water line.
A 130 -foot retaining wall would be constructed along a portion of the west side
of the Orchard Avenue Extension. The retaining wall would start about 270 feet
north of Ford Street and extend about 115 feet north and then turn west for about
30 feet along the south side of the proposed maintenance ramp road. The
retaining wall would have a maximum elevation of about 5 feet.
The bridge structure would include conduits to accommodate future electrical and
communication lines.
EXHIBIT B
Road Improvement and Land Use Agreement
NOTE: The source of this map is Figure 6 of the Revised Draft EIR dated October 2002.
EXHIBIT C
Road Improvement and Land Use Agreement
Purpose & Intent
On May 20, 1992, the Ukiah Redevelopment Agency adopted Design Guidelines for the
Downtown Design District. Three years later, in 1995, the City adopted a new General
Plan, which called for the adoption of Design Guidelines for all commercial development
within the City limits. After considerable discussion, it was decided that the most
appropriate way to proceed was to simply augment the existing Downtown Design
Guidelines for application to commercial development projects outside the existing
S
Downtown Design District.
The existing Design Guidelines for the downtown area remain unchanged and are
included in this document as they were adopted in 1992. They will continue to be
applied within the Downtown Design District as they have since their formal adoption.
New guidelines more applicable to the outlying commercial areas and commercial
gateways have been prepared and are included as a separate chapter in this document.
The purpose of the Design Guidelines for projects outside the Downtown Design District
is ;1 to implement the goals and policies of the Community Design Element of the
General Plan; 2, to provide design guidance and criteria for commercial development;
to provide site planning and architectural excellence, as well as unity and integrity in
the commercial urbanscape outside of the Downtown core; and -1) to provide attractive
commercial areas along the major transportation corridors outside the downtown that
will stimulate business and city-wide economic development. -: i to provide property
owners, developers, architects, and project designers with a comprehensive guide for
building design.
The Design Guidelines are intended to address the concerns expressed by the Planning
Commission and City Council regarding a lack of design guidelines for commercial
development within the City, and to fulfill the direction contained in the Community
Design Element of the Ukiah Gene0.al Plan.
The Design Guidelines are applicable to all commercial development outside the existing
Downtown Design District, and are intended to be applied in a fair and reasonable
"*MOB
manner, taking into consideration the size, configuration, and location of affected and
surrounding parcels, as well as the size, scope, and purpose of the individual development
•
projects.
Architects, project designers, and/or project applicants are expected to make a strong
and sincere effort to comply with the Design Guidelines and contribute to the
improvement of the City's physical image. Project applicants, with the assistance of
their architects and building designers, are expected to put forth a convincing creative
effort when planning development and designing buildings.
Site Planning
Natural Site Features
Generally, a designer should plan a project to fit a site's natural conditions, rather than alter a site to accommodate a stock
building plan.
Significant existing site features such as mature trees/landscaping, lot size and configuration, topography, and the relationship
to surrounding development should be compelling factors in determining the development capacity and design of projects.
All required Grading and Drainage Plans shall be prepared by a registered civil engineer or other qualified professional
acceptable to the City Engineer.
Parking
The number of parking stalls *and overall parking lot design shall generally comply with the requirements of the Ukiah
Municipal Code (UMC.). Deviation from the parking requirements of the UMC. can be approved through the discretionary
review process provided a finding is made that there is a unique circumstance associated with the use of the property that
results in a demand for less parking than normally expected. These circumstances may include uses that would attract
young teenagers, bicyclists, or a high number of drop-off patrons.
Parking facilities shall be aesthetically screened and shaded with shrubs, trees, and short walls and fences according to the
requirements of the Zoning District in which the property is located.
The visual prominence of parking areas should be de-emphasized by separating parking areas into small components. The
practice of placing the majority of parking areas beween the building(s) de-emphasized by separating parking areas into
small components. The practice of placing the majority of parking areas between the building(s) and the primary street
frontage. should be avoided.
1RECOMMENDED
Rear Delivery (� I
I
' - - !
Noise Screening — Commercial
Around Air Conditioners �r� Building
Landscaping --
t� �
Pleasant Signs C� D
Parallel Parking
Pedestrian Orientation
Pedestrian walkways should be included that directly link all parking areas with building entrances, off-site transportation
facilities, established sidewalks, and adjacent public rights-of-way. They should also be consisten with uses and architecture
from both a functional and aesthetic standpoint.
outdoor pedestrian spaces should be landscaped and include such features as planters along sidewalks, pedestrian oriented
signs, attractive street .furniture, low-level lighting, and outdoor seating areas.
10
Site Planning (Cont.)
Compatibility With Surrounding Development
The placement and layout of buildings, parking areas, landscaping, exterior lighting, and other site design features should
be compatible with surrounding land uses and architecture from both a functional and aesthetic standpoint.
Development should not create unattractive views for neighbors or traffic corridors. All exposed elevations should maintain
consistent architectural character. Service areas, trash enclosures, utility meters, and mechanical and electrical equipment
should be screened from view.
Property owners are strongly encouraged to develop shared facilities such as driveways, parking areas, pedestrian walkways,
and outdoor living areas to maximize usable areas and create unique design opportunities.
Setbacks for new development should consider the character of existing frontages. Setbacks deeper than the minimum
required are encouraged only in order to allow for sidewalk widening or the creation of special pedestrian areas such as
entryways, courtways, outdoor cafes, and other features intended to enhance the pedestrian environment.
Building Design
Architecture
Monotonous box -like structures devoid of variety and distinctiveness, and without openings and changes in wall planes are
discouraged. Architectural features such as arches, raised parapets, decorated cornices, eaves, windows, balconies, entry insets,
a variety of roof angles and pitches, and the inclusion of relief features in wall surfaces are strongly encouraged when tied into a
comprehensive design theme.
Building Colors
The use of strong or loud colors, especially those with no tradition of local usage, should be reviewed in context with the overal
asthetic of the area.
Colors should be compatible with adjoining buildings. Color work on the side and rear walls should be compatible with the colors
on the front or street side walls. Decoration and trim should be painted in order to call attention to it.
Building Materials
The creative use of wood, stucco, masonry (brick, stone, tile), and recycled materials are strongly encouraged. The use of metal
buildings is discouraged, unless they are designed in a creative and unique way, that meets the purpose and intent of the Design
Guidelines.
Concrete block and exposed concrete are generally acceptable building materials, provided they are treated, textured, painted,
and/or used in a pleasing aesthetic way consistent with the design guidelines. Materials should be selected to create compatibility
between the building and adjoining buildings.
Lighting
Exterior lighting should be designed to enhance building design and landscaping, as well as provide safety and security. Generally,
exterior lighting should be subdued. it should not spill out and create glare on adjoining properties, and should not be directed
towards the night sky.
Light standard heights should be predicated on the lighting need of the particular location and use. Tall
lighting fixtures that illuminate large areas should be avoided.
Lighting fixtures, standards, and all exposed accessories should be harmonious with building design, and preferably
historic and innovative in style. All pedestrian and building access areas should be adequately lighted to provide safety, security,
and aesthetic quality.
Site Planning (Cont.)
Energy Conservation
Both active solar (collectors) and passive solar (building orientation, landscaping, etc.) design are encouraged. Natural ventilation
and shading should be used to cool buildings whenever possible, and the use of sunlight should be used for direct heating and
illumination whenever possible.
Solar heating equipment need not be screened, but should be as unobtrusive as possible and complement the building design.
Every effort should be made to integrate solar panels into the roof design, flush with the roof slope.
Solar collector cannot
be seen from street.
0`� (.RE,
Solar collector
is visible from street.
Signs
The amount, type, and location of signage on a site shall generally comply with the requirements of the Ukiah Municipal Code.
However, sign programs `should be designed tastefully and in a way where the overall signage does not
dominate the site.
Sandwich board signs shall conform to the requirements of the Ukiah Municipal Code, and shall be tastefully
designed with subdued colors, minimal sign lettering, and a creative appearance. Every sign should be designed in scale and
proportion with the surrounding built environment. Signs should be designed as an integral architectural element of the
building and site to which it principally relates.
The colors, materials, and lighting of every sign should be restrained and harmonious with the building and site. No sign shall be
placed within the public right-of-way without the securement of an Encroachment Permit.
Outdoor Storage & Service Areas
Storage areas should be limited to the rear of a site, and from public view with a solid fence or wall using concrete, wood, stone.
brick, or other similar material and should be screened. All outdoor storage areas and enclosures should be screened, when
possible, with landscaping.
If trash and recycling areas are required in the discretionary review process, the desing and building materials for these areas
shall be consistent with the buildings and landscaping on the site. it shall also be consistent with the requirements of the Ukiah
Municipal Code.
where common mailboxes are provided, they should be close to the front entrance of building(s), in a location approved by the
US Post Office. The architectural character should be similar in form, materials, and colors to the surrounding buildings.
Fences &Walls
All sides of perimeter fencing exposed to public view should be
finished in a manner compatible with a project's materials,
finishes, colors, and architectural styling. large blank fence walls,
and fences and walls that create high visual barriers are strongly
discouraged. All proposed unpainted wood surfaces should be
treated or stained to preserve and enhance their natural colors.
No portion of a wall or fence should be used for advertising or
display. No barbed wire, concertina wire, or chain link should be
used as fencing material if the fence is visible from the public
right-of-way. All fencing and walls shall comply with the
provisions of the Ukiah Municipal Code. No fencing or wall shall
obstruct the sight distances of motorists, as determined by the
City Engineer. (See illustration)
Landscaping
AoceptaWe For Street Sides
Picket
Picket
Not Acceptable For Sheet Sides
Chain Link
Wood &Wire
Post & Rail
All landscaping shall comply with zoning code requirements. Landscaping shall be proportional to the building elevations.
Landscape plantings shall be those which grow well in Ukiah's climate without extensive irrigation. Native, habitat -friendly
flowering plants are strongly encouraged. All plantings shall be of sufficient size, health and intensity so that a viable and
mature appearance can be attained in a reasonably short amount of time -
Deciduous trees shall constitute the majority of the trees proposed along the south and west building exposures; non -
deciduous street species shall be restricted to areas that do not inhibit solar access on the project site or abutting properties.
All new developments shall include a landscaping coverage of 20 percent (20%) of the gross area of the parcel, unless
because of the small size of a parcel, such coverage would be unreasonable. A minimum of fifty percent (50%) of the
landscaped area shall be dedicated to live plantings.
Projects involving the redevelopment / reuse of existing buildings shall provide as much landscaping as feasible. Landscaping
Plans shall include an automatic irrigation system and Lighting Plan. All required landscaping for commercial development
projects shall be adequately maintained in a viable condition.
Parking Lots
Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls with a
continuous linear planting strip, rather than individual planting wells, unless clearly infeasible. Parking lot trees shall
primarily be deciduous species, and shall be designed to provide a tree canopy coverage of 50% over all paved areas within
ten years of planting. [used upon the design of the parking lot, a reduced number of trees may be approved through the
discretionary review process.
Parking lots shall have a perimeter planting strip with both trees and shrubs. The planting of lawn areas with the trees and
shrubs is acceptable, provided they do not dominate the planting strips.
Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities
within landscaped areas and/or separated from automobile travel lanes. [lased upon the design of the parking lot, and the
use that it is serving, relief from this requirement may be approved through the discretionary review process.
Street trees are required. They may be placed on the property proposed for development instead of within the public right-
of-way if the location is approved by the City Engineer, based upon safety and maintenance factors.
Species of street trees shall be selected from the Ukiah Master Tree List with the consultation of the City staff. All street trees
shall be planted consistent with the Standard Planting Detail on file with the City Engineer.
"17 -
EXHIBIT D
Road Improvement and Land Use Agreement
The Zoning Administrator and/or Planning Commission shall make findings when acting
to approve any discretionary permit within the Brush Street triangle. The findings shall not be
vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewingcourt
of the basis of the action by bridging the gap between the evidence and the decision -maker's
conclusions, and shall be based upon evidence contained in the administrative record. Failure to
make findings that support the following determinations shall result in a denial of the site
development permit application:
1. The proposal is consistent with the goals, objectives, and policies of the County General
Plan.
2. The. location, size, and intensity of the proposed project will not create a hazardous or
inconvenient vehicular or pedestrian traffic pattern.
3. The accessibility of off-street parking areas and the relation of parking areas with respect
to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or
surrounding uses.
4. Sufficient landscaped areas have been reserved for purposes of separating or screening
the proposed structure(s) from the street and adjoining building sites, and breaking up and
screening large expanses of paved areas.
5. The proposed development will not restrict or cut out light and air on the property, or on
the property in the neighborhood; nor will it hinder the development or use of buildings in the
neighborhood, or impair the value thereof.
6. The improvement of any commercial or industrial structure will not have a substantial
detrimental impact on the character or value of an adjacent residential zoning district.
7. The proposed development will not excessively damage or destroy natural features,
including trees, shrubs, creeks, and the natural grade of the site.
S. There is sufficient variety, creativity, and articulation to the architecture and design of the
structure(s) and grounds to avoid monotony and/or a box -like uninteresting external appearance.
EXHIBIT E
Road Improvement and Land Use Agreement
Introduction and Summary
Introduction
This report presents an analysis of the anticipated traffic impacts anticipated in the northeast area of Ukiah
due to cumulative land use development and completion of an extension of Orchard Avenue from Ford Street
to Brush Street. Cumulative development included a number of undeveloped parcels in this area of the City
as well as the development of a 95 -acre area in the Brush Street Triangle area which is generally bounded by
U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west. The traffic
study was completed in accordance with evaluation criteria specified by the. Mendocino Council of
Government (MCOG), and is consistent with standard traffic engineering techniques. This plan includes a
property assessment/fee structure and an associated draft AB 1600 ordinance which provides a'structure for
funding the recommended improvements.
A previous traffic analysis for this area was completed as part of the Orr Creek Bridge and Orchard Avenue
Extension Revised Draft EIR, Leonard Charles and Associates, October 2002 (Section 3.5 - Traffic and
Circulation, completed by Crane Transportation Group). A peer review of this previous traffic analysis was
completed as part of this process and is included in Appendix A.
Summary
Traffic Growth Assumptions
City of Ukiah staff provided a list of undeveloped parcels within the study area that could potentially increase
traffic levels within the study area. These parcels are projected to generate approximately 12,165 new trips
to the surrounding street network on a daily basis.
Since no traffic model is currently available for the City of Ukiah, long-term background traffic growth was
determined through the use of a growth factor. A background growth rate of 1.0 percent per year for 10 years
(total growth increase of approximately 10 percent) was applied to the existing traffic volumes. This growth
rate is intended to represent land development in other areas of Ukiah and intensification of existing uses.
Three alternative land use patterns were developed for the traffic analysis of the Brush Street Triangle area.
The alternatives were crafted in order to obtain a range in vehicle trip generation and travel patterns to/from
the site, and to assist with prioritizing the improvement projects of the circulation plan. It was assumed that
the Brush Street Triangle area includes 95.71 acres of gross land area. The three alternatives consisted of the
following.
Alternative I — DEIR Land Use: The first alternative represents the same land use that was evaluated in
the Orr Creek Bridge and Orchard Avenue Extension Revised Draft EIR. This land use consisted of
641,728 square feet of retail space, 241,461 square feet of industrial space and 56 apartment units.
Development of Alternative 1 would be expected to result in approximately 18,189 new vehicle trips per
day on the surrounding street network.
Alternative 2 — Airport Business Park 2002 Equivalence: In order to assess a less intense retail
alternative, or one which represents an earlier phase of Alternative 1, it was assumed that the Brush Street
Triangle area may experience comparable 10 -year levels of development as the Airport Business Park.
In the 10 years since its initiation, 37.80 acres have been developed at the Airport Business Park. The
resulting 326,330 square feet of new building space was assumed to consist of both retail and industrial
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 1 May 30, 2003
uses at a similar ratio to Alternatives 1. Alternative 2 is projected to generate substantially fewer trips,
at approximately 8,218 vehicle trips per day.
Alternative 3'_ Mixed Use: The third land use alternative is based on a mixed use concept consisting of
50 percent residential uses (47.9 acres), 25 percent commercial uses (23.9 acres) and 25 percent industrial
uses (23.9 acres). The resulting land use mix consists of 536 multi -family units, 48 single-family units,
312,720 square feet of retail uses, and 208,480 square feet of industrial uses which would be expected
to generate approximately 12,251 trips per day.
Need for Interchange Modifications
In order for the Perkins Street interchange area to operate with acceptable conditions between Orchard
Avenue and the U.S. 101 ramps, one of the following two alternatives would need to be implemented.
A) All conflicting movements at the Perkins Street/U.S. 101 southbound ramps intersection would need
to be prohibited through the use of a median on Perkins Street.
B) The southbound ramps at the Perkins Street interchange would be eliminated, and new southbound
off and on ramps would be relocated to the eastern terminus of Brush Street.
Due to the high cost of this alternative and long lead time in completing modifications to the State Highway
system, it is recommended that mitigation measures to serve traffic growth in northeastern Ukiah be
formulated to operate with ramp alternative "A" first, followed by alternative `B" in the future.
Recommended Mitigation Measures
Based on the operational analysis presented in the report, the following intersection improvements were
recommended.
North State Street/U.S. 101 Northbound Ramps — Install a traffic signal.
North State Street/U.S. 101 Southbound Ramps — Consider prohibiting the left -tum movement from the
off -ramp.
North State Street/Brush Street -Low Gap Road — Widen the westbound approach to two lanes and
provide for protected left turn signal phasing
Main Street/Perkins Street — Either install a traffic signal or modern roundabout.
Main Street/Gobbi Street — Install either a traffic signal or a single -lane modern roundabout to mitigate
deficient operation. A roundabout with an inscribed diameter of 110 feet would operate acceptably.
Orchard Avenue/Brush Street — Install a modem roundabout.
Orchard Avenue/Ford Street and Clara Avenue — Provide a center two-way left -turn lane on Orchard
Avenue to facilitate left turns onto Ford Street and Clara Avenue.
Orchard Avenue/Perkins Street — Widen the eastbound and westbound approaches to provide separate
right -tum lanes and implement right -tum overlap signal phasing on all four approaches.
Brush Street Triangle Transportation Study Mendocino Council of (Jovernments
Whitlock & Weinberger Transportation, Inc. Page 2 May 30, 2003
Orchard Avenue/Gobbi Street — Either install a traffic signal or modem roundabout.
Perkins Street/.U.S. 101 Southbound Ramps — Install a raised median on Perkins Street to eliminate all
conflicting movements. Most of the prohibited movements could be accommodated via a return U-turn
on the east side of the interchange. Begin the process of relocating the southbound ramps to the terminus
of Brush Street and closing the southbound U.S. 101/Perkins Street ramps. It is expected that this process
would take approximately 10 years.
Perkins Street/U.S 101 Northbound Ramps — Install a modem roundabout to serve U-turn movements
back to the southbound ramps.
Gobbi Street/U.S. 101 Southbound Ramps — Install a traffic signal.
Mitigation Funding
The total mitigation cost varies from $6,880,000 to $7,550,000. Almost one-half of this cost, $3,300,000 is
for the interchange ramp relocation to Brush Street. The cost to provide acceptable traffic operation at all of
the study intersections is essentially the same under all three land use alternatives for the Triangle Area.
In order to finance the mitigation measures which would be required to accommodate the future traffic
growth, traffic impact fees have been developed. It is assumed that the cost of the mitigation measures would
be allocated to anticipated development in the study area including:
identified potential projects on vacant parcels in the City of Ukiah
- development at the Brush Street Triangle area
background land use intensification in the City or County which impacts the study area
Assuming that local development would not fund any of the interchange ramp relocation to Brush Street, the
resulting fee varies between $1,149 and $1,547 per p.m. peak hour trip generated. If the local development
funds 50 percent of the $3,300,000 interchange relocation cost, the fee would vary between $1,596 and
$2,148 per p.m. peak hour trip. In order to gain adequate funds to complete the capital projects and due to
the uncertainty of the amount and type of land use to be developed on the Brush Street Triangle site, it is
recommended that the traffic impact fees be based $2,148 per p.m. peak hour trip.
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 3 May 30, 2003
Study Parameters
Study Area
The study area is located in the northeast section of the City of Ukiah including U. 5.101 and the City arterials
of North State Street, East Perkins Street and Gobbi Street. The Brush Street Triangle development site is
bounded by U.S. 101 to the north and east, Orr Creek to the south and the railroad right-of-way to the west
is unincorporated County of Mendocino land.
Freeway
U.S. 101 provides travel two lanes in each direction and serves as the primarily link to other regions to the
north and south. Interchanges in the study area include North State Street, Perkins Street, and Gobbi Street.
All of the ramp intersections at the three interchanges are uncontrolled on the main street with stop controls
on the ramp approaches to the arterials.
Arterial Streets
State Street is the primary north -south arterial in the City of Ukiah. This arterial intersects with the U.S. 101
interchange at the north end of the City and extends to an interchange with U.S. 101 at the south end of
Ukiah. Within the study area, State Street provides four travel lanes.
Perkins Street is an east -west arterial providing access between U.S. 101 and residential areas to the west.
East of U.S. 101, Perkins Street becomes Vichy Springs Road which provides access to large unincorporated
residential areas. Between State Street and Orchard Avenue there are four travel lanes. East of Orchard
Avenue, Perkins Street includes two travel lanes.
Gobbi Street is a two-lane arterial providing access between U.S. 101 and residential areas to the west.
Collector Streets
Orchard Avenue is a two-lane major collector providing north -south access between Ford Street and
residential areas south of Gobbi Street. This study assumes the extension of Orchard Avenue from Ford
Street north to Brush Street.
Empire Drive - Ford Road is an east -west two-lane minor collector providing access at the north end of
Ukiah. It is assumed that Orchard Avenue will be extended north from Brush Street to an intersection with
Ford Road near an overcrossing of U.S. 101.
Low Gap Road - Brush Street is a two-lane major collector street providing east -west access from
unincorporated areas to the west, the high school, County Administration Center and residential areas to the
development area known as the Brush Street Triangle Area.
Clara Avenue, which is classified as a minor collector street, provides access through a residential
neighborhood from North State Street to Orchard Avenue.
Residential Streets
Ford Street is classified as a residential street and provides access through a residential neighborhood from
North State Street to Orchard Avenue
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 4 May 30, 2003
Orr Street is a minor residential street over Orr Creek which currently serves as a diversion route from
Orchard Avenue to State Street. The extension of Orchard Avenue is expected to relieve this street from
through traffic.
The study area includes the following study intersections and is shown in Figure 1.
1. North State Street/U.S. 101 NB Ramps
2. North State Street/U.S. 101 SB Ramps
3. North State Street/Ford Road -Empire Drive
4. North State Street/Brush St -Low Gap Road
5. North State Street/Ford Street
6. North State Street/Clara Street
7. North State Street/Perkins Street
8. South State Street/Gobbi Street
9. Main Street/Perkins Street
10. Main Street/Gobbi Street
11. Orchard Avenue/Ford Road (future)
12. Orchard Avenue/Brush Street (future)
13. Orchard Avenue/Ford Street
14. Orchard Avenue/Clara Avenue
15. Orchard Avenue/Perkins Street
16. Orchard Avenue/Gobbi Street
17. Perkins Street/U.S. 101 SB Ramps
18. Perkins Street/U.S. 101 NB Ramps
19. Gobbi Street/U.S. 101 SB Ramps
20. Gobbi Street/U.S. 101 NB Ramps
As shown in Figure 1, study intersections which are controlled by traffic signals include North State Street/
Ford Road -Empire Drive, North State Street/Brush Street -Low Gap Road, North State Street/Perkins Street,
South State Street/Gobbi Street, and Orchard Avenue/Perkins Street. Intersections controlled by all -way stop
signs include Main Street/Perkins Street, Main Street/Gobbi Street and Orchard Avenue/Gobbi Street. The
remaining study intersections have uncontrolled conditions on the main street and are controlled by stop signs
on the minor street approaches. Intersection turn lane configurations for the study intersections are included
in Appendix B.
Time of Day Analysis Periods
This analysis focused on intersection operation during two peak hours of the day. Based on an analysis of
existing traffic counts, which is shown in the following section, the a.m. peak hour volumes are generally
15 to 30 percent lower than the p.m. peak hour volumes while the midday volumes range from 5 percent less
to 5 percent higher in some cases in comparison with the p.m. peak hour volumes. Therefore, the weekday
midday and p.m. peak hours were included in the analysis. Typically the midday peak hour occurs between
12:00 noon and 1:00 p.m. while the p.m. peak hour is the highest volume hour between 4:00 and 6:00 p.m.
Study Analysis Scenarios
The following scenarios were assessed in the traffic analysis.
I. Existing Traffic Operations — These conditions are based on existing weekday p.m. peak hour volumes
that were first collected in August of 2002 and were sample counted again in January of 2003 together with
midday peak hour traffic counts derived from the previous p.m. peak hour counts as well as daily machine
counts collected at sample locations in January of 2003.
II. Existing plus Cumulative City Projects — This scenario includes the addition of the traffic anticipated
to be generated by the development of currently undeveloped parcels in the northeast study area of the City.
The extension of Orchard Avenue from Ford Street to Ford Road and its associated traffic diversion was
assumed to be completed for this scenario.
i� III. Future without Triangle Development — This scenario, which does not include the Triangle Area
development, includes the addition of cumulative traffic anticipated to be generated by the undeveloped
Brush Street Triangle Transportation Study Mendocino Council of Governments
Whitlock & Weinberger Transportation, Inc. Page 5 May 30, 2003
J
ITEM NO: lop,
MEETING DATE: September 1, 2004
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION REGARDING AMENDMENT TO THE RUSSIAN RIVER
WATERSHED ASSOCIATION MEMORANDUM OF UNDERSTANDING
The Russian River Watershed Association (RRWA) has been meeting for over one year,
based on a Memorandum of Understanding (MOU) that was similar to that of the North
Bay Watershed Association's. During the past year, the cities and counties involved
with the RRWA have discussed changes to the MOU that they feel would more
appropriately reflect the needs of the various agencies that participate in the RRWA.
Attached for Council's information are the suggested revisions. The City Attorney has
worked very closely with the attorneys from the other agencies and agrees with the
revised language. Staff recommends approval of the amendment to the MOU creating
the RRWA.
RECOMMENDED ACTION: Review and approve amendment to the RRWA MOU.
ALTERNATIVE COUNCIL POLICY OPTIONS: Discuss amendment and provide
alternate direction to staff regarding the RRWA MOU.
Citizens Advised: N/A
Requested by: Russian River Watershed Association
Prepared by: Candace Horsley, City Manager
Coordinated with: David Rapport, City Attorney
Attachments: 1. Letter from Jennifer Murray, City Manager of Cloverdale
2. Redlined version of the March 18 and May 26, 2004
amendments to the MOU creating the RRWA
Approved:
Candace Horsley, City mlHager
4: CAN/ASR. RRWAMOUAmend.090104
Memo
To: Persephene St. Charles, RMC, Inc.
From: Jennifer Murray, City Manager, Alt. Director, Russian River Watershed
Association
CC: Eric Danly, City Attorney
Date: August 6, 2004
Re: Transmittal of Amendment One to the Memorandum of Understanding
Creating the Russian River Watershed Association
Shortly following creation of the Russian River Watershed Association in Spring
2003, the Cities of Cloverdale, Healdsburg and the Town of Windsor asked
Association Members to consider several revisions to the Memorandum of
Understanding (MOU) that had created the Russian River Watershed Association
(RRWA). Our purpose in requesting revisions was to better define various aspects of
this cooperative agreement and clarify responsibilities and expectations in the event
of termination. For example, the original MOU approved by each participating
agency contained no provisions for indemnity or liability.
The Russian River Watershed Association Board of Directors discussed this over the
course of several meetings and asked the City Attorney advising Cloverdale,
Healdsburg and Windsor on this matter, Mr. Eric Danly, to propose revised language
that would clarify these matters for the benefit of all participants. There was
agreement at the Board level that it was important to seek clarification early in the
life of the RRWA, before allowing time for any divisive issues to arise that might be
complicated to resolve because of the limitations of the original MOU.
The aspects of the revisions considered substantive were reviewed by legal counsels
for all participating agencies earlier this year. At the RRWA Board meeting of
March 25, 2004, the Board of Directors unanimously approved the proposed
revisions. To facilitate the transition from the original MOU to an Amended MOU,
it was necessary to prepare "bridging language". This language was prepared in May
and was circulated to legal counsel for all participating agencies. All agencies' legal
counsels' have concurred with the bridging language and the entire First Amendment
to the MOU is hereby transmitted to each agency for consideration of approval.
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
MEMORANDUM OF UNDERSTANDING CREATING
THE RUSSIAN RIVER WATERSHED ASSOCIATION
This Memorandum of Understanding (MOU) is made and entered into by and
between the parties that are signatories to this MOU, listed in Exhibit A attached hereto
and incorporated by reference pursuant to the provisions of Government Code Section
6500, et seq.
Section A. Recitals:
1. Each of the parties to this MOU is a local government entity functioning
within the watershed of the Russian River.
2. The parties desire to establish a watershed association in order to facilitate
partnerships across political boundaries that promote the ecological vitality of the
Russian River watershed.
3. It is to the parties' mutual advantage and benefit to develop and implement
cooperative restoration and protection efforts throughout the watershed and promote a
regional alliance that supplements local government programs.
4. The parties hereto plan to develop joint proposals for funding and to obtain
public support for local, state, federal, and other funding opportunities for programs that
implement the mission and goals of the Association.
5. The parties hereto recognize the value of using common resources
effectively.
6. The parties hereto desire to be proactive on watershed -based regulatory
issues which affect areas beyond traditional political boundaries.
7. The parties hereto desire to educate the communities in the Russian River
watershed about the importance of watershed stewardship.
8. The parties hereto wish to coordinate on local, state and federal policies and
programs.
9. The parties hereto find that promoting the stewardship of the Russian River
watershed resources is in the public interest and for the common benefit of all within the
Russian River watershed.
Russian River Watershed Association
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
10. The parties recognize that there are current and future regulatory
requirements which apply to water resources in the Russian River watershed affecting
one or more of said parties, and that these multiple regulatory requirements may be
GenfliGting result in conflicts whenever one party's response to a regulatory requirement
affects other requirements and/or parties. The parties find that agree-to-shareing_
information and coordinateing efforts in such circumstances may benefit the parties the
Russian River Watershed, and the communities within it. By this MOU, the parties
intend to facilitate such information sharing and coordination. to-cGMPIy-wit-b--&a+d
regulak"-r+ e+tee
Section B. General Provisions:
1. Definitions. As used in this MOU, the following words and phrases shall
have the meanings set forth below unless the context clearly indicates otherwise.
(a) "MOU" shall mean this memorandum of understanding.
(b) "Association" shall mean the Russian River Watershed Association.
(c) "Board of Directors" shall mean the board composed of representatives
from the parties to this MOU.
(d) "Party" or "Parties" shall mean the signatories to this MOU. the leGal
and I+o ag 4ated--up4er--P'er+,--- Colegee VVateF Qua4ty
Control. Aet -
et--seq-. -, #ie -federate O i 14+�g- Wete r Atilt; 4� �. � 39 et seg: ; an/e -tie
std IE+r�g Water Ast --#dealt & �a#ety Cede 1 �2 -. 4h -at
epe-rate-w i r� ter -have -I' w+Sd4GfiAo e--over-ee-y--area---wit-b+e--t be-bou- d a r i a#- the
w ater-shed- of 4de-R uss+an-River ;--and- that are--s+qaa tof+es e-4h4s-MOU
(e) "Watershed" shall mean the entire Russian River watershed. A map
depicting the boundaries of the watershed is attached hereto and incorporated
herein as Exhibit B.
(f) "Administrative Agency" shall mean that Party to this MOU authorized
pursuant to pP-aragraph B. 12-T to enter into contracts and perform other
administrative functions on behalf of the Parties to this MOU.
2. --2-.--Purpose. This MOU is being entered into in order to carry out the
mission, goals and objectives stated herein and as stated in the mission and
goals attached hereto and incorporated herein as Exhibit C.
Russian River Watershed Association 2
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
3. Eligibility Requirements. Only local and/or regional public agencies
regulated under the Porter Cologne Water Quality Control Act, Water Code
513020 et seq., the Clean Water Act, 33 U.S.C. § 1251 et seq., the federal
Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and/or the state Safe
Drinking Water Act, Health & Safety Code 116275 et seq., that operate
within or have iurisdiction over any area within the boundaries of the
watershed of the Russian River are eligible to be parties to this MOU and
participate in the Association.
43. Subsidiaries as Parties. Agencies that are a subsidiary of another Party or
that share the same governing body as another Party may be a Party if they meet the
eligibility requirements in Paragraph B.3 of this MOU for-part4i6paton--and pay the full
costs of participation.
54. Advisory Committees. One or more Advisory Committees to the
Association may be established by the Board of Directors to be composed of any
associations, organizations, private groups, owners and managers of land within the
watershed and other interested persons or entities who reside or work within the
watershed and who are supportive of the purposes of this Association and of any State
and federal agencies with regulatory authority over or an interest in the watershed. The
Board of Directors shall approve the size and make up of any Advisory Committee and
shall set the length of terms of members and appoint persons to the Committee.
65. Membership of the Board of Directors.
The governing body of the Association shall be a Board of Directors consisting of a
representative from each Party. The governing board of each Party shall appoint one
representative and one alternate representative.
76. Voting Requirements.
(a) Each member of the Board of Directors shall have one vote. With the
exception of the items set forth in subsections (b) and (c) below and as otherwise
specified herein or pursuant to a licable law, if a quorum is present, the
affirmative vote of the majority of members of the Board of Directors present is
required to approve any item. However, an affirmative vote of a majority of the
Board of Directors present is sufficient to adjourn a meeting, whether or not a
quorum is present. In addition to conducting the regular business of the
Association, the Board of Directors shall authorize all contracts and amendments
thereto entered into by the Administrative Agency on behalf of the Parties to the
MOU, prior to Administrative Agency entering into such contracts and
amendments and shall authorize acceptance of work under any such contract
prior to the Administrative Agency accepting such work on behalf of the Parties to
the MOU;i except that the Board of Directors may b4fai# ire eta -ger
Russian River Watershed Association 3
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
authorize the Administrative Agency to enter into, modify or accept work under
any contract in an amount not to exceed $10,000.
(b) If a quorum is present, A the affirmative vote of --two-thirds
of-a-queru of the members of the Board of Directors present shall be required to
adopt or modify the budget and to authorize the Administrative Agency to enter
into, modify or accept work under any contract in excess of $10,000.
(c) Approval of the governing bodies of four-fifths of the Parties shall be
required to modify this MOU.
87. Quorum. The presence of Aa sufficient number of members of the Board of
Directors to equal or exceed a majority of the reef-nbefs-efseats on the Board of
Directors shall constitute a quorum for purposes of meetinqsand transacting business_,
e-xsep`t--�s-s-theme--a ��.-rsr-u�-rr}a�-vete-t-e-ed}o�r�- a-��eet+eg
98. Terms of Office. Each member of the Board of Directors shall serve at the
pleasure of his or her appointing body and may be removed as a member of the Board
of Directors by the appointing body at any time. If at any time a vacancy occurs on the
Board of Directors, a replacement shall be appointed by the Party to fill the unexpired
term of the previous representative within ninety (90) days of the date that such position
becomes vacant.
109. Alternates. Alternate representatives to the Association shall be
empowered to cast votes in the absence of the regular member of the Board of
Directors or, in the event of a conflict of interest preventing the regular member of the
Board of Directors from voting, to vote because of such a conflict of interest.
110. Officers of the Association. The Board of Directors of the Association shall
elect a Chair, a Vice -Chair and such other officers from the Board of Directors, as the
Board of Directors deems appropriate. In electing a Chair and Vice -Chair, the Board of
Directors shall encourage the election of individuals who are elected officials of the
Parties. Such officers shall serve for a term of one (1) year unless sooner terminated at
the pleasure of the Board of Directors. The duties of the Chair and Vice -Chair are as
follows:
(a) Chair. The Chair shall represent the Board of Directors and, subject to
the approval of the Board of Directors, oversee and carry out the affairs of the
Association and the activities of the officers of the Board of Directors, the staff,
and consultants. The Chair shall perform all duties incident to the office and such
other duties as may be required to carry out this MOU or which may be prescribed
from time to time by the Board of Directors.
(b) Vice -Chair. The Vice -Chair shall serve as the Chair in the absence of
the regularly -elected Chair. In the event both the Chair and Vice -Chair are absent
from a meeting which would otherwise constitute a quorum and a temporary Chair
Russian River Watershed Association 4
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
was not designated by the Chair at the last regular meeting, any Board member
may call the meeting to order, and a temporary chair may be elected by majority
vote to serve until the Chair or Vice -Chair is present.
121. Administrative Agency. The Parties hereby designate The City of Ukiah to
act as the Administrative Agency for the purpose of carrying out the provisions of this
MOU. Pursuant to the provisions of Government Code Section 6509, the authority
delegated herein to the Administrative Agency shall be subject to the restrictions upon
the manner of exercising power applicable to the Administrative Agency, including but
not limited to the purchasing ordinances and purchasing procedures of the
Administrative Agency. The Administrative Agency, on behalf of the Association, shall:
(a) provide for notice of and agendas for all meetings of the
Association in accordance with the Ralph M. Brown Act (Chapter 9 (commencing
with section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or
with any successor provision;
(b) through its staff or through any staff, executive director, or consultants
authorized pursuant to Paragraph B. 154, award and administer such contracts as
may be authorized by the Board of Directors;
(c) through its controller and treasurer act as the financial officer or
functional equivalent and be the depositor and have custody of all money of the
Association from whatever source. The Administrative Agency shall draw
warrants to pay demands for expenditures authorized by the Board of Directors
or by its authorized representative pursuant to any delegation of authority
authorized by the Board of Directors. The Administrative Agency shall cause an
independent annual audit of the Association's finances to be made by a certified
public accountant;
(d) determine charges to be made against the Association for its
services. Payment of these charges by the Administrative Agency, on behalf of
the Association, shall be subject to the approval of the Board of Directors;
(e) complete the tasks identified in Paragraphs B. 166, B. 176, B. 187 and
B. 234- if the Board of Directors has not designated another Party or person to
complete the tasks.
The Administrative Agency may resign its position as Administrative Agency_
Except as otherwise provided in Paragraph B.25 of this MOU, such resignation will
become effective -t4pen 120 days after the -Administrative Agency has given written
notice to all Parties to the MOU in accordance with Paragraph B.29 of the MOU. The
Administrative Agency must an --shall transfer all funds and records held on behalf of
the Association to any designated successor Administrative Agency by the resignation
effective date. The Board of Directors may designate a successor Administrative
Agency--6-y-maj-of4ty-v-ate. If the Board of Directors does not designate SheU44-no-et44e-r
Ra4y be designated to ad_a-sa successor Administrative Agency before the resignation
of the current Administrative Agency becomes effective, this MOU will terminate in
Russian River Watershed Association 5
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
accordance with Paragraph B.25. theAgenc--y-s-ha4 4ist4bute-all p -ropey
to etd t3e1a a t# �f tie-A+ar� r s�ar}t-to-e�ag rapt 24 e t i --
132. Clerk and Legal Counsel. The Board of Directors of the Association may
appoint a clerk and legal counsel, as it deems appropriate. The clerk and/or legal
counsel may be appointed from the staff of one of the Parties, with the consent of the
governing body of the Party. If the clerk and/or legal counsel is appointed from the staff
of one of the Parties, the governing body of that Party may determine charges to be
made against the Association for the services of the clerk and/or legal counsel.
Payment of these charges by the Administrative Agency, on behalf of the Association,
shall be subject to the approval of the Board of Directors. The clerk and/or legal counsel
may also be retained by the Administrative Agency pursuant to Paragraph B. 154.
143. Executive Director. The Board of Directors of the Association may appoint
an Executive Director who shall be responsible to the Board of Directors for the proper
and efficient administration of the Association as directed by the Board of Directors
pursuant to the provisions of this MOU or of any resolution or order of the Board of
Directors. The Executive Director may be appointed from the staff of one of the Parties
or the Executive Director may be retained by the Administrative Agency pursuant to
Paragraph B. 154.
The Executive Director may be authorized to:
(a) carry out action and direction from the Board of Directors as necessary;
(b) under the policy direction of the Board of Directors, plan, organize and
supervise Association activities;
(c) authorize the Administrative Agency to pay expenditures within the
designations and limitations of the budget approved by the Association; and
(d) make recommendations to and requests of the Board of Directors
concerning any matter which is to be performed, done or carried out by the Board
of Directors.
154. Staff and Consultants. The Administrative Agency may, pursuant to
Paragraph B. 124 and subject to prior approval by the Board of Directors, employ or
contract for any staff, including an Executive Director, or consultants as may be
reasonably necessary to carry out the purposes of this MOU. If an employee from any
Party performs staff or consulting work for the Association, the governing body of that
Party may determine charges to be made against the Association for the services of
that employee. Payment of these charges by the Administrative Agency, on behalf of
the Association, shall be subject to the approval of the Board of Directors.
165. Annual Work Plan. Within ninety days after the first meeting of the Board of
Directors, and each year by January 1, the Association shall prepare an annual work
plan describing the work to be done by the Association in the ensuing fiscal year. The
work plan shall segregate all work of the Association into two categories: overhead and
Russian River Watershed Association 6
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
programs. Work falling into the category of programs will be further segregated into
sub -categories: programs of general benefit to all Parties and programs of specific
benefit to one or more Parties. For each program, the work plan will set forth
information including the following:
(a) the purpose of the program;
(b) the method by which the program will be carried out;
(c) the products to be produced by the program;
(d) the schedule for carrying out the program;
(e) the responsibility for carrying out the program; and
(f) the budget for the program.
The work plan will be prepared in three parts. Part A shall consist of the
information on overhead. Part B shall consist of the information on programs of general
benefit to all Parties. Part C shall contain the information on the programs of specific
benefit to one or more Parties. The work plan shall become effective when approved by
a two-thirds majority vote of a quorum of the Board of Directors.
178. Annual Budget. Within ninety days after the first meeting of the Board of
Directors of the Association, and thereafter by March 31St, prior to the commencement
of each fiscal year (defined as July 1 through June 30), the Board of Directors shall
adopt a budget for the ensuing fiscal year. The budget shall include, but not be limited
to, the following parts, with funding sources identified:
Part A of the budget shall set forth the cost of overhead and the allocation of
overhead cost among Parties;
Part B of the budget shall set forth the cost of programs of general benefit and the
allocation of costs of such programs among Parties;
Part C of the budget shall set forth the cost of programs of specific benefit to one
or more Parties and the allocation of costs among participating Parties.
The budget shall become effective when approved by a two-thirds majority vote of a
quorum of the Board of Directors.
187. Allocation of Costs.
(a) Costs for work described in Parts A and B of the annual work plan shall
be allocated equally among each of the Parties as follows:
(i) One half of these costs shall be allocated equally among each of
the Parties;
(ii) One half of these costs shall be allocated among Parties in
proportion to each Party's annual operating budget as defined by the Board
of Directors and excluding amounts devoted to municipal electric utility
operations. The operating budget for counties shall be prorated based on
the percentage of the area of each county located within the Russian River
watershed.
(b) Costs for work described in Part C of the annual work plan shall be
allocated among those Parties participating in the programs in direct proportion to
Russian River Watershed Association 7
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
the benefits received by each Party in a manner established by the Board of
Directors at the time each program of specific benefit is approved or revised.
198. Dues and Allocated Costs. The Board of Directors shall have the authority
to assess initial dues for Parties not to exceed $5,000. The Board of Directors shall
also have the authority to assess each Party for costs set out in the annual budget,
adopted pursuant to �-t+e4+-parag raph 13.176, and consistent with the allocation of
costs, adopted pursuant to Sec-4ion-paragraph B_187. Parties who join part way
through a fiscal year will be assessed dues, not to exceed $5,000, for their Part A and
Part B allocation of costs. For their Part C allocation, for projects of specific benefit to
the Party, in which the Party elects to participate, the Party will be assessed on a case-
by-case basis.
20. Liability and Indemnity. This MOU is not intended to affect the legal liability
of an, of f the Parties by imposing any standard of care other than the standard of care
that applies bylaw.
(a) Except as provided in subparagraph(b) below, no Party or official, officer,
employee, agent or volunteer of a Party is responsible for any liability, loss,
damage, claims, expenses, or costs (including, but not limited to, attorney's fees
or costs, and fees of litigation and other proceedings), (collectively, "Claims"), that
result from anything any other Party or official, officer, employee, agent or
volunteer of another Party does or fails to do concerning this MOU. In
accordance with California Government Code Section 895.4, each Party agrees to
indemnify, defend and hold harmless the other Parties and their officers officials
employees, agents and volunteers from and against any and all Claims that result
from anything such indemnifying Payor its officials, officers, employees, agents
or volunteers does or fails to do concerning this MOU.
(b) The Parties acknowledge that the Administrative Agency will enter and
administer contracts and perform administrative functions on behalf of the Parties
pursuant to paragraph B.12 of this MOU. Accordingly, and notwithstanding
anything to the contrary in tl its paragraph 13.20 or this MOU, the Parties agree to
provide a common defense to any Claims against the Administrative Agency that
arise frorn the activities of the Administrative Agency under paragraph B.12 of this
MOU. If any such Claim is made against the Administrative Agency, the Parties
shall meet and agree on the manner of providing that defense and on the
equitable sharinq of the costs thereof and of anv settlement or judgment.
21-19. Termination of Participation.
(a) Causes. The participation and rights of Parties shall terminate on the
occurrence of any of the following-Gau`ses:
(1) the voluntary resignation of a Party with notice as prescribed by
SestIOR Subparagraph B.4 -921(b) below;
Russian River Watershed Association 8
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
(2) the nonpayment of dues or assessments subject to the limitations
set forth in Seth+- --Subparagraph B1 -921(c) below; or
(3) the occurrence of an event which renders an entity no longer
eligible for -to be a Party in accordance with Paragraph 13.3, as-detewr4ned-by
t4e Board of DireGtOFS-.
(b) Resignation by Giving Notice. T-be--parti6pat+e-n--ef-aAny Party of th
AS-SOG+at+Ga-&hafl-a-Wmay terminate its participation in the Association
bon-suc4Pa#y'-& ivin written -request feynotice of resignation te-rmination
def+vefed-to the Administrative Agency and Chair of the Board of Directors in
accordance with paragraph B.29. Such resignation will take effect eet+c-e-sbalf-be
9+-An--at4e,ast-sixty (60) days after befere--t-be-effeet+ve- date -ef sruGhgiy notice of
resignation in accordance with this subparagraph and aragraph B.29. There
shall be no refund of any dues or assessments paid upon such resignations
except that any paA-payments_by a resigning Party for dues or assessments
approved by the Board of Directors for a fiscal year that has not et commenced
as of the resignation effective date afte�Ma-rc4T-Wt-of- the -preced+ 94issat-yeas-fef
shall be refunded ta-t-he--Partywithin 30 days of the
resignation effective date. -e-psn--resignatian:-
(c) Nonpayment of Dues or Allocated Costs. The participation of Aany
Party that ,-whiGh fails to pay its dues or allocated costs when due aod-or within
one hundred and twenty (120) days thereafter shai�will terminate 4s-partiGipa n
in accordance with this subparagraph. end-tvverrty
- 8}day-per+od--Termination for nonpayment will not take effect i effedie-opon
t -be --ma jef-4y-vote-$f-t-4e-Bea+--of-4D f, c -ter -s -S G ha#)t -shall -be g+ven- -#tftee until
the Administrative Agency has given the non-paying Party written notice of non-
payment in accordance with paragraph B.29 directing the Party to pay all
outstanding amounts within fifteen (15) day's of the notice and the Board of
Directors approves termination for non-payment. p-r+er-wr+ten net+ef-the
termination etat+ng the feassr�s-tbe+efere--The heti �-shatt-be-gimmen-perky-W
s�c-h -Party-ar_-s o by-fi-ret-c-ta-ss-mai-to-the--l-as--adds-f- s -of -s -i h--P-arty-as-sbaw-n
or+-the-recer-ds-e4he-A-ssec+at+on .
(d) Effect of Termination. All rights of a Party in the Association pursuant
to this MOU shall cease on the termination of such Party's participation. However,
T-erm+nat e-lteve the-P-aq-#ram-any obligation for charges incurred or
service or benefits actually rendered pursuant to this MOU before the effective
date of termination will survive such termination.
220. Procedures. The Board of Directors may adopt bylaws, rules of conduct of
meetings, and operating procedures. The administrative procedures and policies of a
Party may be adopted by the Association.
234. Reports to Parties. Each year the Executive Director or another person
designated by the Board of Directors -,shall submit a written report to the governing
Russian River Watershed Association 9
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
body of each of the Parties. This report shall describe the technical and financial
activities of the Association during the preceding year.
242. Offices. The location for the principal office of the Association shall be the
principal office of the Administrative Agency.
253. Termination. This MOU shall remain in effect until terminated by approval
of the governing bodies of four-fifths of the Parties a-twe-th4r4s-niafGWy-�te-4-a
"erum, -f. the Bea -r4 of DfreEters or until the Administrative Agency has given notice of
resignation pursuant to pParagraph B. 121 and no other Party has been designated to
act as Administrative Agency, and all debts and liabilities of the Association have been
settle_0 and any remaining property, funds, assets and interests held on behalf of the
Association are disposed of in accordancE" with paragraph B.26. If the Administrative
Agent has given notice of resignation in accordance_with pararq a_ph B.12, and the
Board of Directors has not appointed a_successar Administrative Agency within 120
days of such notice, then the Administrative Agency will continue to act in that capacity
and this MOU will remain in effect until all debts and liabilities of the Association have
been settled and any remaining r_perty,_funds, assets and interests held on behalf of
the Association are disposed of in accordance with paragraph B.26.
264. Disposition of Property and Surplus Funds. At -Prior to the termination of
this MOU, all debts and liabilities of the Association will be settled and any and all
remaining property, funds, assets, and interests therein held by the Administrative
Agency on behalf of the Association shall become the property of and be distributed to
the Parties. Remaining Mmoniesey s-&4e-cted---from aip d by Parties and held in reserve
by the Administrative Agency on behalf of the Association for payment of program costs
of - s -shall be returned a4OGated- amergto the Parties 44--prepert+en- -G-each
darty t� -s�s� seFv that paid them. All other property, funds, assets,
and interests of the Association that remain after all debts and liabilities of the
Association have been settled shall be distributed by the Administrative Agency to the
Parties in proportion to each Party's contributions to the Association for costs set forth in
the annual budgets.
275. Minutes. The clerk appointed by the Board of Directors of the Association
or, the Administrative Agency if no clerk is appointed, shall cause to be kept minutes of
all meetings of the Board of Directors, and shall cause a copy of the minutes to be
forwarded to each Party.
286. Effective Date. This MOU shall become effective when at least three
agencies have authorized its execution provided that at least one of the three agencies
is the Administrative Agency.
297. Notice. All notices, bills and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments shall be delivered or
Russian River Watershed Association 10
3-18-04 Draft Revision
Based on the 9-24-03 Draft Revision and the
MOU Adopted by the RRWA Board
mailed addressed to each Party at the address shown on Exhibit A and when so
addressed shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the
time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills and payments are to be given by giving written notice
pursuant to this pParagraph B. 297.
Russian River Watershed Association 11
Party
Name
Address
City
Party
Name
Address
City
Party
Name
Address
City
Party
Name
Address
City
Memorandum of Understanding Creating
The Russian River Watershed Association
Exhibit A
[Signature Page]
Party
Name
Address
City
Party
Name
Address
City
Party
Name
Address
City
Party
Name
Address
City
Memorandum of Understanding Creating
The Russian River Watershed Association
Exhibit B
[Map of the Russian River Watershed]
Memorandum of Understanding Creating
The Russian River Watershed Association
Exhibit C
Mission Statement
Facilitate partnerships across political boundaries that promote stewardship of the
Russian River watershed resources.
Goals & Obiectives
Goal #1: Bring together counties, cities and local agencies to work cooperatively
and effectively on issues of common interest.
Objectives:
1. Promote the development and implementation of cooperative restoration and
protection efforts throughout the watershed.
2. Promote a regional alliance that supplements local government programs.
Goal #2: Be proactive on watershed -based regulation, which increasingly affects
areas beyond traditional political boundaries.
Objectives:
1. Increase the knowledge and experience base of local agencies in responding
to regulatory actions.
2. Develop a unified voice for the Russian River cities and public agencies
pertinent to existing regulations.
3. Monitor legislation and take positions on behalf of the Russian River cities and
public agencies.
Goal#3: Work cooperatively to increase eligibility for watershed based funding.
Objectives:
1. Develop joint proposals for funding.
2. Leverage the strength of public support for local, state, federal, and other
funding.
3. Support programs that implement the mission & goals of the Russian River
cities and public agencies
Goal#4: Maximize effective use of resources.
Objectives:
1. Efficiently share expenses by leveraging limited funding on coordinated efforts.
2. Efficiently share information and increase communication among participants.
3. Undertake a cooperative education program.
Goal#5: Enhance the Association's influence on local, state, and federal policies
and programs.
Objectives:
1. Speak with a unified voice representing interests of the Russian River area .
2. Develop liaisons and communicate effectively with key officials.
Goal#6: Educate communities about the importance of watershed stewardship.
Objectives:
1. Increase education on the importance of habitat restoration and protection and
implementation of sustainability concepts.
2. Conduct outreach that attracts volunteers to cooperative programs.
3. Increase public awareness on the values of holistic planning.
4. Serve as an informational clearinghouse — repository of information to provide
collective presentation of ecosystem stewardship values.
5/26/04 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
AMENDMENT ONE TO THE MEMORANDUM OF UNDERSTANDING CREATING
THE RUSSIAN RIVER WATERSHED ASSOCIATION
This Amendment One to the Memorandum of Understanding (MOU)-Creating the
Russian River Watershed Association is made and entered into pursuant to the
provisions of California Government Code Section 6500, et seq. by and between the
s±gnater4espar ies to the Memorandum of Understanding Creating the Russian River
Watershed Association. to-th-is-aamendmervt,--hsted-JFV-Axl-ib4 A, w-hirh-+s--et ..c4 ed--to-andd
riad-e--a-pail of this -amendment, --In accordance with subparagraph B.6(c) of the
Memorandum of Understanding Creating the Russian River Watershed Association this
me4:rr4ranudn-Amendment One will take effect and bind the parties to the Memorandum
of Understanding Creating the Russian River Watershed Association upon approval of
the governing bodies of 4/5's of the parties to thate Memorandum of Understanding.
_Such approval shall be as--evidcendced by the signatures of the authorized
representatives of such parties in Exhibit A, which is attached to and made a part of this
li mendrnent One. Parties in addition to those to the Memorandum of Understanding
Creating the Russian River Watershed_ Association may become parties to the
Memorandum of Understanding, as amended, U 0 signature of an authorized
representative of such additional party as evidenced in Exhibit A to this Amendment
One. This Amendment One may be executed in counterparts.
The Memorandum of Understanding creating the Russian River Watershed
Association is hereby amended to read as follows: rxa�t-ies that -aye -Sign teries to this
MOU, list�ted-i-n-€x-hAbit--attao-bed-hereto-af�dc-by--fefe-rerc�e--pur%-. r}t-to--the
pev+eians-aOaveraeot Cede �+s+ ��9�;
et -sec-
Section
t--sec-
Section A. Recitals:
1. Each of the parties to this MOU is a local government entity functioning
within the watershed of the Russian River.
2. The parties desire to establish a watershed association in order to facilitate
partnerships across political boundaries that promote the ecological vitality of the
Russian River watershed.
3. It is to the parties' mutual advantage and benefit to develop and implement
cooperative restoration and protection efforts throughout the watershed and promote a
regional alliance that supplements local government programs.
Russian River Watershed Association
5/26/04 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
4. The parties hereto plan to develop joint proposals for funding and to obtain
public support for local, state, federal, and other funding opportunities for programs that
implement the mission and goals of the Association.
5. The parties hereto recognize the value of using common resources
effectively.
6. The parties hereto desire to be proactive on watershed -based regulatory
issues which affect areas beyond traditional political boundaries.
7. The parties hereto desire to educate the communities in the Russian River
watershed about the importance of watershed stewardship.
8. The parties hereto wish to coordinate on local, state and federal policies and
programs.
9. The parties hereto find that promoting the stewardship of the Russian River
watershed resources is in the public interest and for the common benefit of all within the
Russian River watershed.
10. The parties recognize that there are current and future regulatory
requirements which apply to water resources in the Russian River watershed affecting
one or more of said parties, and that these multiple regulatory requirements may result
in conflicts whenever one party's response to a regulatory requirement affects other
requirements and/or parties. The parties find that sharing information and coordinating
efforts in such circumstances may benefit the parties, the Russian River Watershed,
and the communities within it. By this MOU, the parties intend to facilitate such
information sharing and coordination.
Section B. General Provisions:
1. Definitions. As used in this MOU, the following words and phrases shall
have the meanings set forth below unless the context clearly indicates otherwise.
(a) "MOU" shall mean this memorandum of understanding.
(b) "Association" shall mean the Russian River Watershed Association.
(c) "Board of Directors" shall mean the board composed of representatives
from the parties to this MOU.
(d) "Party" or "Parties" shall mean the signatories to this MOU.
Russian River Watershed Association 2
5/26/04 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
(e) 'Watershed" shall mean the entire Russian River watershed. A map
depicting the boundaries of the watershed is attached hereto and incorporated
herein as Exhibit B.
(f) "Administrative Agency" shall mean that Party to this MOU authorized
pursuant to paragraph B. 12 to enter into contracts and perform other
administrative functions on behalf of the Parties to this MOU.
2. Purpose. This MOU is being entered into in order to carry out the mission,
goals and objectives stated herein and as stated in the mission and goals
attached hereto and incorporated herein as Exhibit C.
3. Eligibility Requirements. Only local and/or regional public agencies
regulated under the Porter Cologne Water Quality Control Act, Water Code
513020 et seq., the Clean Water Act, 33 U.S.C. § 1251 et seq., the federal
Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and/or the state Safe
Drinking Water Act, Health & Safety Code § 116275 et seq., that operate
within or have jurisdiction over any area within the boundaries of the
watershed of the Russian River are eligible to be parties to this MOU and
participate in the Association.
4. Subsidiaries as Parties. Agencies that are a subsidiary of another Party or
that share the same governing body as another Party may be a Party if they meet the
eligibility requirements in Paragraph B.3 of this MOU and pay the full costs of
participation.
5. Advisory Committees. One or more Advisory Committees to the
Association may be established by the Board of Directors to be composed of any
associations, organizations, private groups, owners and managers of land within the
watershed and other interested persons or entities who reside or work within the
watershed and who are supportive of the purposes of this Association and of any State
and federal agencies with regulatory authority over or an interest in the watershed. The
Board of Directors shall approve the size and make up of any Advisory Committee and
shall set the length of terms of members and appoint persons to the Committee.
6. Membership of the Board of Directors.
The governing body of the Association shall be a Board of Directors consisting of a
representative from each Party. The governing board of each Party shall appoint one
representative and one alternate representative.
7. Voting Requirements.
Russian River Watershed Association 3
5/26104 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
(a) Each member of the Board of Directors shall have one vote. With the
exception of the items set forth in subsections (b) and (c) below and as otherwise
specified herein or pursuant to applicable law, if a quorum is present, the
affirmative vote of the majority of members of the Board of Directors present is
required to approve any item. However, an affirmative vote of a majority of the
Board of Directors present is sufficient to adjourn a meeting, whether or not a
quorum is present. In addition to conducting the regular business of the
Association, the Board of Directors shall authorize all contracts and amendments
thereto entered into by the Administrative Agency on behalf of the Parties to the
MOU, prior to Administrative Agency entering into such contracts and
amendments and shall authorize acceptance of work under any such contract
prior to the Administrative Agency accepting such work on behalf of the Parties to
the MOU; except that the Board of Directors may authorize the Administrative
Agency to enter into, modify or accept work under any contract in an amount not
to exceed $10, 000.
(b) If a quorum is present, the affirmative vote of two-thirds of the
members of the Board of Directors present shall be required to adopt or modify
the budget and to authorize the Administrative Agency to enter into, modify or
accept work under any contract in excess of $10,000.
(c) Approval of the governing bodies of four-fifths of the Parties shall be
required to modify this MOU.
8. Quorum. The presence of a sufficient number of members of the Board of
Directors to equal or exceed a majority of the seats on the Board of Directors shall
constitute a quorum for purposes of meetings and transacting business.
9. Terms of Office. Each member of the Board of Directors shall serve at the
pleasure of his or her appointing body and may be removed as a member of the Board
of Directors by the appointing body at any time. If at any time a vacancy occurs on the
Board of Directors, a replacement shall be appointed by the Party to fill the unexpired
term of the previous representative within ninety (90) days of the date that such position
becomes vacant.
10. Alternates. Alternate representatives to the Association shall be
empowered to cast votes in the absence of the regular member of the Board of
Directors or, in the event of a conflict of interest preventing the regular member of the
Board of Directors from voting, to vote because of such a conflict of interest.
11. Officers of the Association. The Board of Directors of the Association shall
elect a Chair, a Vice -Chair and such other officers from the Board of Directors, as the
Board of Directors deems appropriate. In electing a Chair and Vice -Chair, the Board of
Directors shall encourage the election of individuals who are elected officials of the
Russian River Watershed Association 4
5/2 610 4 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
Parties. Such officers shall serve for a term of one (1) year unless sooner terminated at
the pleasure of the Board of Directors. The duties of the Chair and Vice -Chair are as
follows:
(a) Chair. The Chair shall represent the Board of Directors and, subject to
the approval of the Board of Directors, oversee and carry out the affairs of the
Association and the activities of the officers of the Board of Directors, the staff,
and consultants. The Chair shall perform all duties incident to the office and such
other duties as may be required to carry out this MOU or which may be prescribed
from time to time by the Board of Directors.
(b) Vice -Chair. The Vice -Chair shall serve as the Chair in the absence of
the regularly -elected Chair. In the event both the Chair and Vice -Chair are absent
from a meeting which would otherwise constitute a quorum and a temporary Chair
was not designated by the Chair at the last regular meeting, any Board member
may call the meeting to order, and a temporary chair may be elected by majority
vote to serve until the Chair or Vice -Chair is present.
12. Administrative Agency. The Parties hereby designate The City of Ukiah to
act as the Administrative Agency for the purpose of carrying out the provisions of this
MOU. Pursuant to the provisions of Government Code Section 6509, the authority
delegated herein to the Administrative Agency shall be subject to the restrictions upon
the manner of exercising power applicable to the Administrative Agency, including but
not limited to the purchasing ordinances and purchasing procedures of the
Administrative Agency. The Administrative Agency, on behalf of the Association, shall:
(a) provide for notice of and agendas for all meetings of the
Association in accordance with the Ralph M. Brown Act (Chapter 9 (commencing
with section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or
with any successor provision;
(b) through its staff or through any staff, executive director, or consultants
authorized pursuant to Paragraph B. 15, award and administer such contracts as
may be authorized by the Board of Directors;
(c) through its controller and treasurer act as the financial officer or
functional equivalent and be the depositor and have custody of all money of the
Association from whatever source. The Administrative Agency shall draw
warrants to pay demands for expenditures authorized by the Board of Directors
or by its authorized representative pursuant to any delegation of authority
authorized by the Board of Directors. The Administrative Agency shall cause an
independent annual audit of the Association's finances to be made by a certified
public accountant;
(d) determine charges to be made against the Association for its
services. Payment of these charges by the Administrative Agency, on behalf of
the Association, shall be subject to the approval of the Board of Directors;
Russian River Watershed Association 5
5/2 610 4 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
(e) complete the tasks identified in Paragraphs B. 16, B. 17, B. 18 and B.
23 if the Board of Directors has not designated another Party or person to
complete the tasks.
The Administrative Agency may resign its position as Administrative Agency.
Except as otherwise provided in Paragraph B.25 of this MOU, such resignation will
become effective 120 days after the Administrative Agency has given written notice to
all Parties to the MOU in accordance with Paragraph B.29 of the MOU. The
Administrative Agency must transfer all funds and records held on behalf of the
Association to any designated successor Administrative Agency by the resignation
effective date. The Board of Directors may designate a successor Administrative
Agency. If the Board of Directors does not designate a successor Administrative
Agency before the resignation of the current Administrative Agency becomes effective,
this MOU will terminate in accordance with Paragraph B.25.
13. Clerk and Legal Counsel. The Board of Directors of the Association may
appoint a clerk and legal counsel, as it deems appropriate. The clerk and/or legal
counsel may be appointed from the staff of one of the Parties, with the consent of the
governing body of the Party. If the clerk and/or legal counsel is appointed from the staff
of one of the Parties, the governing body of that Party may determine charges to be
made against the Association for the services of the clerk and/or legal counsel.
Payment of these charges by the Administrative Agency, on behalf of the Association,
shall be subject to the approval of the Board of Directors. The clerk and/or legal counsel
may also be retained by the Administrative Agency pursuant to Paragraph B. 15.
14. Executive Director. The Board of Directors of the Association may appoint
an Executive Director who shall be responsible to the Board of Directors for the proper
and efficient administration of the Association as directed by the Board of Directors
pursuant to the provisions of this MOU or of any resolution or order of the Board of
Directors. The Executive Director may be appointed from the staff of one of the Parties
or the Executive Director may be retained by the Administrative Agency pursuant to
Paragraph B. 15.
The Executive Director may be authorized to:
(a) carry out action and direction from the Board of Directors as necessary;
(b) under the policy direction of the Board of Directors, plan, organize and
supervise Association activities;
(c) authorize the Administrative Agency to pay expenditures within the
designations and limitations of the budget approved by the Association; and
(d) make recommendations to and requests of the Board of Directors
concerning any matter which is to be performed, done or carried out by the Board
of Directors.
Russian River Watershed Association g
5126✓ -04 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
15. Staff and Consultants. The Administrative Agency may, pursuant to
Paragraph B. 12 and subject to prior approval by the Board of Directors, employ or
contract for any staff, including an Executive Director, or consultants as may be
reasonably necessary to carry out the purposes of this MOU. If an employee from any
Party performs staff or consulting work for the Association, the governing body of that
Party may determine charges to be made against the Association for the services of
that employee. Payment of these charges by the Administrative Agency, on behalf of
the Association, shall be subject to the approval of the Board of Directors.
16. Annual Work Plan. Wthin ninety days after the first meeting of the Board of
Directors, and each year by January 1, the Association shall prepare an annual work
plan describing the work to be done by the Association in the ensuing fiscal year. The
work plan shall segregate all work of the Association into two categories: overhead and
programs. Work falling into the category of programs will be further segregated into
sub -categories: programs of general benefit to all Parties and programs of specific
benefit to one or more Parties. For each program, the work plan will set forth
information including the following:
(a) the purpose of the program;
(b) the method by which the program will be carried out;
(c) the products to be produced by the program;
(d) the schedule for carrying out the program;
(e) the responsibility for carrying out the program; and
(f) the budget for the program.
The work plan will be prepared in three parts. Part A shall consist of the
information on overhead. Part B shall consist of the information on programs of general
benefit to all Parties. Part C shall contain the information on the programs of specific
benefit to one or more Parties. The work plan shall become effective when approved by
a two-thirds majority vote of a quorum of the Board of Directors.
17. Annual Budget. Within ninety days after the first meeting of the Board of
Directors of the Association, and thereafter by March 31St, prior to the commencement
of each fiscal year (defined as July 1 through June 30), the Board of Directors shall
adopt a budget for the ensuing fiscal year. The budget shall include, but not be limited
to, the following parts, with funding sources identified:
Part A of the budget shall set forth the cost of overhead and the allocation of
overhead cost among Parties;
Part B of the budget shall set forth the cost of programs of general benefit and the
allocation of costs of such programs among Parties;
Part C of the budget shall set forth the cost of programs of specific benefit to one
or more Parties and the allocation of costs among participating Parties.
The budget shall become effective when approved by a two-thirds majority vote of a
quorum of the Board of Directors.
18. Allocation of Costs.
Russian River Watershed Association 7
5/26/04 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
(a) Costs for work described in Parts A and B of the annual work plan shall
be allocated equally among each of the Parties as follows:
(i) One half of these costs shall be allocated equally among each of
the Parties;
(ii) One half of these costs shall be allocated among Parties in
proportion to each Party's annual operating budget as defined by the Board
of Directors and excluding amounts devoted to municipal electric utility
operations. The operating budget for counties shall be prorated based on
the percentage of the area of each county located within the Russian River
watershed.
(b) Costs for work described in Part C of the annual work plan shall be
allocated among those Parties participating in the programs in direct proportion to
the benefits received by each Party in a manner established by the Board of
Directors at the time each program of specific benefit is approved or revised.
19. Dues and Allocated Costs. The Board of Directors shall have the authority
to assess initial dues for Parties not to exceed $5,000. The Board of Directors shall
also have the authority to assess each Party for costs set out in the annual budget,
adopted pursuant to paragraph B.17, and consistent with the allocation of costs,
adopted pursuant to paragraph B.18. Parties who join partway through a fiscal year
will be assessed dues, not to exceed $5,000, for their Part A and Part B allocation of
costs. For their Part C allocation, for projects of specific benefit to the Party, in which
the Party elects to participate, the Party will be assessed on a case-by-case basis.
20. Liability and Indemnity. This MOU is not intended to affect the legal liability
of any of the Parties by imposing any standard of care other than the standard of care
that applies by law.
(a) Except as provided in subparagraph(b) below, no Party or official, officer,
employee, agent or volunteer of a Party is responsible for any liability, loss,
damage, claims, expenses, or costs (including, but not limited to, attorney's fees
or costs, and fees of litigation and other proceedings), (collectively, "Claims"), that
result from anything any other Party or official, officer, employee, agent or
volunteer of another Party does or fails to do concerning this MOU. In
accordance with California Government Code Section 895.4, each Party agrees to
indemnify, defend and hold harmless the other Parties and their officers, officials,
employees, agents and volunteers from and against any and all Claims that result
from anything such indemnifying Party or its officials, officers, employees, agents
or volunteers does or fails to do concerning this MOU.
(b) The Parties acknowledge that the Administrative Agency will enter and
administer contracts and perform administrative functions on behalf of the Parties
pursuant to paragraph B.12 of this MOU. Accordingly, and notwithstanding
anything to the contrary in this paragraph B.20 or this MOU, the Parties agree to
provide a common defense to any Claims against the Administrative Agency that
Russian River Watershed Association 8
5/26104 Draft
Amendment 1 Implementing Changes
Authorized by the RRWi4 Board
arise from the activities of the Administrative Agency under paragraph B.12 of this
MOU. If any such Claim is made against the Administrative Agency, 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.
21. Termination of Participation.
(a) Causes. The participation and rights of Parties shall terminate on the
occurrence of any of the following:
(1) the voluntary resignation of a Party with notice as prescribed by
Subparagraph B.21(b) below;
(2) the nonpayment of dues or assessments subject to the limitations
set forth in Subparagraph B.21 (c) below; or
(3) the occurrence of an event which renders an entity no longer
eligible to be a Party in accordance with Paragraph B.3.
(b) Resignation by Giving Notice. Any Party may terminate its participation
in the Association by giving written notice of resignation to the Administrative
Agency and Chair of the Board of Directors in accordance with paragraph B.29.
Such resignation will take effect sixty (60) days after giving notice of resignation in
accordance with this subparagraph and paragraph B.29. There shall be no refund
of any dues or assessments paid upon such resignation; except that any
payments by a resigning Party for dues or assessments approved by the Board of
Directors for a fiscal year that has not yet commenced as of the resignation
effective date shall be refunded within 30 days of the resignation effective date.
(c) Nonpayment of Dues or Allocated Costs. The participation of any Party
that fails to pay its dues or allocated costs when due or within one hundred and
twenty (120) days thereafter will terminate in accordance with this subparagraph.
Termination for nonpayment will not take effect until the Administrative Agency
has given the non-paying Party written notice of non-payment in accordance with
paragraph B.29 directing the Party to pay all outstanding amounts within fifteen
(15) days of the notice, and the Board of Directors approves termination for non-
payment.
(d) Effect of Termination. All rights of a Party in the Association pursuant
to this MOU shall cease on the termination of such Party's participation. However,
any obligation for charges incurred or service or benefits actually rendered
pursuant to this MOU before the effective date of termination will survive such
termination.
22. Procedures. The Board of Directors may adopt bylaws, rules of conduct of
meetings, and operating procedures. The administrative procedures and policies of a
Party may be adopted by the Association.
23. Reports to Parties. Each year the Executive Director or another person
designated by the Board of Directors, shall submit a written report to the governing body
Russian River Watershed Association g
5/26/04 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
of each of the Parties. This report shall describe the technical and financial activities of
the Association during the preceding year.
24. Offices. The location for the principal office of the Association shall be the
principal office of the Administrative Agency.
25. Termination. This MOU shall remain in effect until terminated by approval
of the governing bodies of four-fifths of the Parties or until the Administrative Agency
has given notice of resignation pursuant to paragraph B. 12 and no other Party has
been designated to act as Administrative Agency, and all debts and liabilities of the
Association have been settled, and any remaining property, funds, assets and interests
held on behalf of the Association are disposed of in accordance with paragraph B.26. If
the Administrative Agency has given notice of resignation in accordance with paragraph
B.12, and the Board of Directors has not appointed a successor Administrative Agency
within 120 days of such notice, then the Administrative Agency will continue to act in
that capacity and this MOU will remain in effect until all debts and liabilities of the
Association have been settled and any remaining property, funds, assets and interests
held on behalf of the Association are disposed of in accordance with paragraph B.26.
26. Disposition of Property and Surplus Funds. Prior to the termination of
this MOU, all debts and liabilities of the Association will be settled, and any and all
remaining property, funds, assets, and interests therein held by the Administrative
Agency on behalf of the Association shall become the property of and be distributed to
the Parties. Remaining monies paid by Parties and held in reserve by the
Administrative Agency on behalf of the Association for payment of program costs shall
be returned to the Parties that paid them. All other property, funds, assets, and
interests of the Association that remain after all debts and liabilities of the Association
have been settled shall be distributed by the Administrative Agency to the Parties in
proportion to each Party's contributions to the Association for costs set forth in the
annual budgets.
27. Minutes. The clerk appointed by the Board of Directors of the Association
or, the Administrative Agency if no clerk is appointed, shall cause to be kept minutes of
all meetings of the Board of Directors, and shall cause a copy of the minutes to be
forwarded to each Party.
28. Effective Date. This MOU shall become effective when at least three
agencies have authorized its execution provided that at least one of the three agencies
is the Administrative Agency.
29. Notice. All notices, bills and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments shall be delivered or
mailed addressed to each Party at the address shown on Exhibit A and when so
addressed shall be deemed given upon deposit in the United States mail, postage
Russian River Watershed Association 10
5126104 Draft
Amendment 1 Implementing Changes
Authorized by the RRWA Board
prepaid. In all other instances, notices, bills and payments shall be deemed given at the
time of actual delivery. Changes may be made in the names and addresses of the
person to whom notices, bills and payments are to be given by giving written notice
pursuant to this paragraph B. 29.
Russian River Watershed Association 11
Amendment One to the
Memorandum of Understanding Creating
The Russian River Watershed Association
Exhibit A
_Satue SignatureSDaryeJ
Party Name:
Party Address:
Authorized Signatory (Name & Title):
Date of Signature -
Attestation by Clerk of Agency:
Date of Attestation:
Party
Name
Address
G4
Dirty
Name
AddFess
uas
Pa rfy -- --- -----
Name
Address
Qty
Party
Name
IAA d ess
G4
Memorandum of Understanding Creating
The Russian River Watershed Association
Exhibit B
[Map of the Russian River Watershed]
Memorandum of Understanding Creating
The Russian River Watershed Association
Exhibit C
Mission Statement
Facilitate partnerships across political boundaries that promote stewardship of the
Russian River watershed resources.
Goals & Obiectives
Goal #1: Bring together counties, cities and local agencies to work cooperatively
and effectively on issues of common interest.
Objectives:
1. Promote the development and implementation of cooperative restoration and
protection efforts throughout the watershed.
2. Promote a regional alliance that supplements local government programs.
Goal #2: Be proactive on watershed -based regulation, which increasingly affects
areas beyond traditional political boundaries.
Objectives:
1. Increase the knowledge and experience base of local agencies in responding
to regulatory actions.
2. Develop a unified voice for the Russian River cities and public agencies
pertinent to existing regulations.
3. Monitor legislation and take positions on behalf of the Russian River cities and
public agencies.
Goal#3: Work cooperatively to increase eligibility for watershed based funding.
Objectives:
1. Develop joint proposals for funding.
2. Leverage the strength of public support for local, state, federal, and other
funding.
3. Support programs that implement the mission & goals of the Russian River
cities and public agencies
Goal#4: Maximize effective use of resources.
Objectives:
1. Efficiently share expenses by leveraging limited funding on coordinated efforts.
2. Efficiently share information and increase communication among participants.
3. Undertake a cooperative education program.
Goal#5: Enhance the Association's influence on local, state, and federal policies
and programs.
Objectives:
1. Speak with a unified voice representing interests of the Russian River area .
2. Develop liaisons and communicate effectively with key officials.
Goal#6: Educate communities about the importance of watershed stewardship.
Objectives:
1. Increase education on the importance of habitat restoration and protection and
implementation of sustainability concepts.
2. Conduct outreach that attracts volunteers to cooperative programs.
3. Increase public awareness on the values of holistic planning.
4. Serve as an informational clearinghouse — repository of information to provide
collective presentation of ecosystem stewardship values.