HomeMy WebLinkAbout2007-05-02 Packet CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
May 2, 2007
6:00 p.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Building Safety Week Proclamation
b. Recognition and Appreciation to Bill Pounders, Interim Wastewater Treatment Plant
Supervisor
PETITIONS AND COMMUNICATIONS
None
APPROVAL OF MINUTES
a. Regular Meeting Minutes of March 7, 2007
RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
a. Rejection of Claim for Damages Received from Vincent Rosenbalm and Referral to Joint
Powers Authority, Redwood Empire Municipal Insurance Fund
b. Airport Beacon Right of Way Five (5) Year Lease Extension
c. Adopt:ion of Ordinance Rezoning Assessor Parcel Number 002-121-18
d. Adoption of an Ordinance Rezoning Assessor Parcel Number 002-153-30 and a Portion of
Assessor Parcel No. 002-153-04 (ZC No. 06-32)
e. Award Purchase of Rockwell Automation Panelview Plus 1250 Control System Hardware
and Software Equipment and Installation to CED Santa Rose for the Total Amount of
$13,953.00.
f. Notification to City Council for Purchase of Trucking Service to Off-Haul Vactor Hydrowaste
from the Corporation Yard to a Landfill to Archer Trucking at the Unit Price of $22.50 Per
Ton for a Total of $7,392.83
Award of Bid on the Purchase of Electrical Contracting Services at the Ukiah Sports
Complex from Ferranti Construction, Inc in the Amount of $10,589.
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.
PUBLIC HEARINGS (6:15 PM)
a. Approval of Application to Demolish a Structure Over 50 Years Old Located at 144-C
Clara Avenue
b. Approval of Application to Demolish a Structure Over 50 Years Old Located at
345 North Main Street
c. Approval of Application to Demolish a Structure Over 50 Years Old Located at 1325 Airport
Park Boulevard
10.
UNFINISHED BUSINESS
a. Review of the 40% Design Plans for the Re-Alignment of Gobbi Street at Oak Manor Drive
and Babcock Lane
b. Status Report Concerning the Menton Project on Apple Avenue and Formal Extension of
Timeframe for Use of Public Benefit Funds
c. Review of Requested Changes to, and Adoption of theUkiah Fire Department Master Plan
d. Introduction of Ordinance Prohibiting MedicalMadjuana Dispensaries in the City of Ukiah
e. Adopt Ordinance Amending Ukiah City Code Sections 1151 and 1152, Governing the
Appointment and Term of Office of Ukiah Planning Commissioners
11. NEW
BUSINESS
Consideration of Golf Course and Sport Complex Irrigation Alternatives
Discussion and Possible Decision Regarding Sewer Lateral Inspection and Repair
Requirement In River Watch v. Ukiah Consent Decree
12. COUNCIL REPORTS
13. CITY MANAGER/CITY CLERK REPORTS
14.
CLOSED SESSION - Closed Session may be held at any time during or before the meeting
a. Conference with Le.qal CounseI--Existinq Litiqation (§ 54956.9(a)):
Northern California River Watch v. City of Ukiah, Ukiah Valley Sanitation District/,United
States District Court, Northern District of California, Case No. CO4 4518 CW
b. Labor Neqotiations; Department Directors Barqaininq Unit
(§ 54957.6) Negotiator: Candace Horsley, City Manager
c. Conference with Real Property Ne,qotiators (§ 54956.8);
Property: APN 156-240-02, 03, 06, 07, 08 {Ukiah);
Negotiator: Candace Horsley, City Manager;
Negotiating Parties: City of Ukiah & David Hull/Ric Piffero;
d. Conference With Labor Neqotiator (§ 54957.6)
Name of City representative: Candace Horsley
Unrepresented employee: City Manager
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or
interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to
reasonably accommodate individuals with disabilities upon request.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the
bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than
72 hours prior to the meeting set forth on this agenda.
Dated this 27th day of April, 2007.
Gall Petersen, City Clerk
BUILDING SAFETY WEEK 2007
MAY 6-12
WHEREAS, through our continuing attention to building safer for everyday life and
in times of disaster, we enjoy the conffort and peace of mind of structures that are safe and
sound; and,
WHEREAS, building safety and fire prevention officials are at work year round to
guide the safe construction of buildings; and,
WHEREAS, the dedicated members of the International Code Council®, including
building safety and fire prevention officials, architects, engineers, builders, and others in the
construction industry, develop and enforce codes to safeguard Americans in the buildings
where we live, work, play, and learn; and,
WHEREAS, the International Codes®, the most widely adopted building safety and
fire prevention codes in the nation, are used by most U.S. cities, counties and states. These
modern building safety codes also include safeguards to protect the public from natural
disasters that can occur, such as hurricanes, snowstorms, tornadoes, wildland fires and,
earthquakes; and,
WHEREAS, Building Safety Week, sponsored by the International Code Council
Foundation®, is an excellent opportunity to educate the public. It is a perfect time to increase
public awareness of the role building safety and fire prevention officials, local and state
building departments, and federal agencies play in protecting lives and property; and,
WHEREAS, this year's theme, "Building Smarter... for Disasters and Everyday Lift,,"
encourages all Americans to raise our awareness of building safety. Everyone can take
appropriate steps to ensure that the places where we live, work, play, and learn a~e safe.
Countless lives have been saved because of the building safety codes adopted and enforced by
local and state agencies; and,
WHEREAS, this year, as we observe Building Safety Week, we ask all Americans to
consider projects to improve building safety at home and in the community, and to recognize
the local building safety and fire prevention officials and the important role that they play in
public safety, everyday and in times of disaster.
NOW, THEREFORE, I, Mad Rodin, Mayor of the City of Ukiah, on behalf of my
fellow City Councilmembers, Douglas Crane, John McCowen, Phil Baldwin, and Benj Thomas
hereby proclaim that
12, 20071~ Buildin§ Sofety II~eek in tIw City
Accordingly, our citizens are encouraged to join their fellow Americans in participating in
Building Safety Week activities and assisting efforts to improve building safety.
Signed and sealed, this __ day of __
, in the year Two Thousand and Seven.
AGENDA
ITEM NO: 3b
MEETING DATE: May 2, 2007
SUMMARY REPORT
SUBJECT: RECOGNITION AND APPRECIATION TO BILL POUNDERS, INTERIM
WASTEWATER TREATMENT PLANT SUPERVISOR
When the City's Wastewater Treatment Plant Supervisor left employment in December
2005, the Utility Director contacted Bill Pounders to see if he would be interested in filling
in for a short while in the position as the state requires a Grade V certification at our plant
under our permit. Bill had just retired from the City of San Jose as it's General Operations
Supervisor after 26 years and fortunately was willing to help us out. Little did we realize at
that time, that the list of qualified Grade V operators in the state of California was
extremely thin. It has taken 15 months to fill this position and Bill has stayed with us
through this entire time period. Bill has been an excellent supervisor and. manager in
leading the crews, coordinating with the contractors in the WWTP construction project,
working with the public, hiring new staff, dealing with state reporting and regulatory
requirements, and handling the day to day technical and operational issues at the plant.
Bill is also a wonderful individual who is extremely competent, seems to get along with
everyone and fulfill the duties of his job in a professional, quiet manner. We would like to
publicly thank Bill Pounders for serving with us for the past months with such dedication
and aplomb. The City commends Bill for his service to the City in this interim position and
for demonstrating what an excellent employee is all about.
RECOMMENDED ACTION: Express appreciation to Bill Pounders for service to City.
ALTERNATIVE COUNCIL OPTIONS: N/A
Citizens Advised:
Requested by:
Prepared by:
Attachments:
Candace Horsley, City Manager
Approved:
Candace Horsley, City I~nager
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 7, 2007
5:00 p.m.
5a
5:00 PM Presentation and Discussion on the Pro.qress and Direction of Information
Technolo.qy Activities at the City Of Ukiah 5:07:54 PM
Councilmembers present: Crane, McCowen, Baldwin, and Mayor Rodin. Absent:
Councilmember Thomas. Staff Present: City Manager Horsley, IT Supervisor Butler, and Deputy
City Clerk Brown.
Information Technology Supervisor Butler reported to the City Council on the progress and
direction of both current and future Information Technology activities within the City.
The meeting adjourned at 5:58:36 PM.
6:00 PM
1. ROLL CALL
The Ukiah City Council met at a Regular Meeting on March 7, 2007, the notice for which being
legally noticed on, March 2, 2007. Preceding the regular meeting was a Special Presentation
scheduled to begin at 5:00 pm. Mayor Rodin called the meeting to order at 6:12:08 PM. Roll was
taken with the following Councilmembers present: Crane, McCowen, Baldwin, and Mayor Rodin.
Absent: Counci~member Thomas. Staff present: City Manager Horsley, City Attorney Rapport,
Personnel Director Harris, Planning and Building Director Stump, Director of Public Works Tim
Eriksen, Deputy Director of Public Works Seanor, Hydro Project Manager Grande, Fire Chief Tony
Clarabut, Purchasing Officer Horger, Electrical Distribution Engineer Kirkley, and Deputy City Clerk
Brown.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Introduction of New Personnel Analyst~ Sheri Walker
Director Harris introduced Sherri Walker to the City Council.
b. Introduction to the City Council of New Employee Jennifer Grimm as Water
Treatment Plant Operator-in-Training
Water Treatment Plant Supervisor Jamison introduced Jennifer Grimm to the City Council.
PETITIONS AND COMMUNICATIONS
There were none.
APPROVAL OF MINUTES
There were none.
RIGHT TO APPEAL DECISION
Mayor Rodin read the right to appeal policy.
10.
CONSENT CALENDAR
MIS McCowen/Baldwin moved to approve the Consent Calendar, items 7a. through 7h.
f.
g.
h.
Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
Award Purchase of Liquid Polymer, Emulsion to Polydyne, Inc. at the Unit Price of
$1.020 Per Pound for an Approximate Total Amount of $12,240.00
Award Purchase of Ferric Chloride to Kemira Water Solutions, Inc. at the Unit Price
of $544.00 Per Dry Ton for an Approximate Total Amount of $32,640.00
Award Purchase of Sodium Bisulfite to Basic Chemical Solutions, LLC at the Unit
Price of $576.60 Per Dry Ton for an Approximate Total Amount of $14,415.00
Award Purchase of Sodium Hypochlorite to Pioneer America's Inc. at the Unit Price
of $0.799 Per Gallon for an Approximate Total Amount of $60,724.00
Approve Appointment of Temporary Financial Analyst in an Amount Not-To-Exceed
$20,000.
Notification to Council of Open Market Appointment in the Amount of $6,320.00 for
AS400 Repairs & Maintenance
Approval of the Request from the Friends of Observatory for Travel Reimbursement
for the Historical Preservation of the Ukiah Observatory and Corresponding Budget
Amendment in an Amount Not To Exceed $2,000
Motion carried with an all AYES voice vote, with Councilmember Thomas absent.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Ike Heinz Dulinger spoke regarding methane gas at the landfill.
6:2] :56 PM Linda Sanders expressed concerns about Gibson Creek and hoped that Caltrans will
delay work they have planned.
6:23:0! PM Mark Labelie anticipated new sewer costs being passed on to him by his landlord.
PUBLIC HEARINGS (6:'15 PM)
There were none.
UNFINISHED BUSINESS
a. Consideration of and Possible Decision Regardin.q Petition to Change Place of Use
Under City's Appropriative Water Rights Permit
City Attorney Rapport presented the background: the City Council conducted a workshop
November 2, 2006, reviewing the City's pending petitions to the State Water Resources Control
Board (SWRCB) to (1) extend the time allowed by its water rights permit to put the water
appropriated under that permit to full beneficial use, (2) change the points of diversion allowed
under the permit and (3) change the place of use allowed under the permit. The workshop
followed a scoping session for the Environmental Impact Report (EIR) which is being prepared for
the petitions. He also reviewed: * Options
· Well Field Alternative for Points of Diversion
Recommended Action: Retain the current proposed change in place of use, but only if SWRCB
approves a permit condition as described under option 1 of this report.
Public Comment Opened: 7:05:27 PM
The public included: Barbara Spazek, Estelle Clifton, Daniel Myers representing the Sierra Club,
Pinky Kushner, Steve Scalmanini, Brian Carter, Lisa Hillegass, and Estelle Clifton.
Public Comment Closed: 7:34:01 PM
By Consensus the City Council continued this item to a Special Adjourned Meeting on Tuesday,
March 20, 2007, 5:30 PM.
Recessed: 8:06 PM
Reconvened: 8:18:32 PM
b. Lake Mendocino Hydroelectric Plant Refurbishment Project Budget and Schedule
Update; Authorize the Expenditure of Additional Funds Necessary to Complete the
Project
8:2!:2! PM Hydro Project Manager Grande stated the purpose of the report is to provide an
update to the City Council on the current refurbishment and restart project for the Lake Mendocino
Hydro Plant, to refine cost projections and project economics, and discuss possibre impact of the
Eel River diversion flow changes. Recommended Action: Authorize the expenditure of
additional funds necessary to complete the Lake Mendocino Hydroelectric Plant equipment
refurbishment and engineering upgrades.
MIS McCowen/Crane approving the recommended action.
No public comment was given.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin,
and Mayor Rodin NOES: None. ABSTAIN: None. ABSENT: CouncilmemberThomas.
c. Adoption of Resolution Supplementing Formal Public Project Bidding Procedures
City Attorney Rapport and Purchasing Officer Horger presented the item, a proposed Resolution
addressing two issues to lead to the permanent development of making bid plans and
specifications availabre on the web; and it addresses the procedure used to approve plans and
specifications for projects that require prior City Council approval which are public works in excess
of $125K. The proposed Resolution as currently drafted is for a six-month period - then the plan is
to report back to City Council the discovered problems and benefits, and then propose a
permanent procedure based on that experience.
No public comment was given.
8:57:28 PM . Attorney Rapport proposed that we can add a sentence to the resolution for
clarification, if desired: "The posting of this specification shall continue until action of the City
Council."
A motion was made by Councilmember McCowen to adopt the resolution; (died for lack of a
second). Councilmember Crane indicated he would second the motion if it were amended
to explicitly require the continued posting of the specifications. Councilmember McCowen
accepted the amendment to his motion incorporating language by the City Attorney to
require the continued posting.
MIS McCowen/Crane adopting the resolution and incorporating City Attorney Rapport's language
that "the posting of this specification shall continue until action of the City Council." Motion
carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, and
Mayor Rodin NOES: None. ABSTAIN: None. ABSENT: CouncilmemberThomas.
d. Approval of Opticom GPS Traffic Preemption System from the 3M Corporation for a
Price Not To Exceed $100,000.51
Director Eriksen and Fire Chief Clarabut reported on the item providing background and
information on this traffic preemption system, On November I the City Council authorized an
introductory purchase price that would expire at the end of the calendar year. Staff then learned
3
11.
12.
3M was not a general contractor in California, and the offer expired during the course of working
with them. Staff has restructured the bid and lowered the price to $100K, by reducing the number
of signals and with the City doing some of the work. It is not the original package, but staff still
supports the system and recommends going forward with this purchase.
City Council directed staff to go back to 3M and ask them if they are willing to honor what was
originally proposed. The item was continued pending the action.
e. City of Ukiah Public Benefits Program Presentation by Efficiency Services Group and
Possible Action on Recommendations
This item was pulled to the March 21 Regular Meeting.
f. Discussion and Approval of Award of RFP for City Manager Recruitment
Recommended Action: Award bid for executive recruitment services to Ralph Anderson &
Associates to initiate recruitment process in the amount of $22,500 and authorize budget
amendment for same amount.
MIS McCowenlBaldwin to approve the recommended action;
No public comment was given.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin,
and Mayor Rodin NOES: None. ABSTAIN: None. ABSENT: CouncilmemberThomas.
NEW BUSINESS
a. Update of City of Ukiah Bicycle Facilities and Trails
Deputy Director Seanor reported. The City Council adopted the City of Ukiah Bicycle and
Pedestrian Master Plan on February 17, 1999. Since that date, staff has actively sought funding
for various bicycle facilities and paths. The City obtained a grant through the State of California
Bicycle Transportation Account (BTA) for construction of Class 2 bicycle lanes on Gobbi Street
from Orchard Avenue to Babcock Lane. These lanes were completed in November 2003. Staff
has submitted numerous applications for funding for both the NWP Rair Trail project and the Oak
Manor Trail project which have been unsuccessful. However, staff remains optimistic that funding
will be obtained through the BTA program for the NWP Trail project. The first segment would go
from Clara Avenue to Gobbi Street.
No Public Comment given: 9:48:49
Action: The City Council received the report.
COUNCIL REPORTS
Councilmember McCowen reported on Mendocino Council of Governments (MCOG) and Willits'
Bypass. MCOG did protest the action of the State and also considered deprogramming the money
for the Willits Bypass, but out of deference deferred the action until after the March 21 meeting.
Councilmember Baldwin reported on Inland Water and Power Commission (IWPC) which called an
emergency meeting to deal with the issue of the Potter Valley grape growers' need water for frost,
protection. They intend to ask the Governor to declare an emergency in advance. The frost
protection meeting will be March 22nd.
Mayor Rodin asked the City Council to consider placing the Ahwahnee Water Principles discussion
on an upcoming agenda for possible action. It was determined to place it on the special adjourned
meeting of March 20 to follow the discussion of water place of use. 9:52:~4 PM
13. CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley asked about the City Council's availability to meet at 4:30 PM on March 21
for a special joint meeting with the redevelopment agency and the Low and Moderate Income
Housing Committee. The City Council agreed to the meeting and early start time.
Adjourned to URA at 9:56:45 PM
Reconvened to Closed Session: 9:58:39
14. CLOSED SESSION
a. Employee neRotiations; Department Directors Bar.qainin.q Unit (§54957.6)
Negotiator: Candace Horsley, City Manager
Reconvened at 11:28 p.m. No action was taken.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 11:28 p.m. to the March 20 Special
Adjourned Meeting at 5:15 PM.
Linda C. Brown, Deputy City Clerk
ITEM NO. 7,~
MEETING DATE: May 2~ 2007
AGENDA SUMMARY REPORT
SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM VINCENT
ROSENBALM AND REFERRAL TO JOINT POWERS AUTHORITY,
REDWOOD EMPIRE MUNICIPAL INSURANCE FUND
A claim from Vincent Rosenbalm was received by the City of Ukiah on April 12, 2007 and
alleges the Ukiah Police Department and his landlord illegally entered his home and stole his
property on approximately March 29, 2007.
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 Vincent Rosenbalm and
refer claim 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:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Yes
Claimant
Sue Goodrick, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Claim of Vincent Rosenbalm, pages 1-3.
Ap p ROVE D: (.~ ,._V,A~..~ "~
Candace Horsley, City M~ager
File With:
City Clerk
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
FAXED TO REMIF
DATE
CLAIM FOR MONEY OR
DAMAGES AGAINST THE
CITY OF UKIAH
_[__
FILING STAMP
APR 12 2007
CITY OF UFJAH
CITY CLERK'S DEPARTM£N
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.
Name and Post Office address of the Claimant:
Name of Claimant: V i MC~-d'~'-
Post Office Address: ~ C~_~
Post Office address to which the person presenting the claim desires notices to be sent:
Name ofAddressee: /J/'~"{L,/C ~/,[~,,~,/~C~PW.z~ _~.j~Telephone:
The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence:
Location:
Circumstances giving rise to this claim: .~~ ~¢~E ~ ~.~
General description of the indebtedness, obligation, inju~, damage or loss incurred so far as it may be known at
the time of the presentation of the claim.
The name or names of the public employee or employees causing the inju~, damage, or loss, if known.
Page I of 3
Revised 12/2006
READ CAREFULLY
For 'all' accident claims, place on follow~ng diagram name of /Agency Vehicle; location of/Agency vehicle at time of accident
streets, including North, East, South, and West; indicate place of by "A-1" and location of yourself or your vehicle at the time of the
accident by "X" and by showing house numbers or distances to accident by "B-1" and the point of impact by "X."
street corners. If/Agency Vehicle 'was involved, designate by
letter "A" location of/Agency Vehicle when you first saw it, and by NOTE: If diagrams below do not fit the situation, attach hereto a
"B" location of yourself or your vehicle when you first saw proper diagram signed by claimant.
CURB
//
SIDEWALK
PARKWAY
SIDEWALK
CURB ""4,
Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP
{}1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later
determined not to have been brought in good faith and with reasonable cause.
Date: ~/~/~ p
Page 3 of 3
Revised 12/2006
ITEM NO. 7b
DATE May 27 2007
AGENDA SUMMARY REPORT
SUBJECT: AIRPORT BEACON RIGHT OF WAY FIVE (5) YEAR LEASE
EXTENSION
SUMMARY: On December 7, 1949, the City of Ukiah entered into a lease with
Larkin Younce for a right of way to the airport beacon located on Spanish
Mountain. A new lease was written in 1970, and since then there has been six
amendments to the lease. The current lease will expire this year unless
extended.
Staff has negotiated with Mr. Younce's daughter, lease amendment #7, which
mirrors the amendment negotiated by the City Manager in 2001, with the
exception that the lease terminates at the end of the fiscal year instead of the
calendar year.
The CPI escalator remains at a modest 1.75% bi-annually, with the annual rent
beginning at $3,492.46 and ending at $3,741.20. The other provisions of the
lease remain the same.
Staff is responsible for the operation and maintenance of the beacon thus, the
need for the right-of-way lease and therefore is recommending approval of the
lease extension.
HISTORICAL NOTE: This 58 year old lease may be the City's oldest lease still in
effect.
RECOMMENDED ACTION: Approve lease extension and authorize City
Mana~ler to slain a~lreement
ALTERNATIVE COUNCIL POLICY ACTION: Amend lease terms and remand
back to staff
CITIZEN ADVISED:
REQUESTED BY:
PREPARED BY:
COORDINATED WITH:
ATTACH M E NTS:
Melinda Walls
Paul Richey, Airport Manager
Paul Richey, Airport Manager
Candace Horsley, City Manager and David
Rapport, City Attorney
1) Lease Amendment #7
2) Lease Addendum
3) Original Lease
APPROVED:
Can~ce Ho'rSley, City IV~nager
Attachment
AMENDMENT NO. 7
AIRPORT BEACON RIGHT-OF-WAY
This amendment made the Ist day of April, 2007 to that agreement by and between
Larkin Younce and the City of Ukiah dated January 7, 1970, and the Addendum signed
on September 9, 2006, continues in full force and effect all provisions of said previous
Agreement except to the extent modified by the following:
I) The rental rate beginning April 1, 2007 shall be $3,492.46
2) The rental rate shall increase bi-annually therea~er in the amount of 3.5%
and shall be:
April 1, 2009 - $ 3,614.69
April 1,2011 - $ 3,741.20
This amendment shall expire on July 1, 2012, unless extended contingent upon agreement
by both parties.
1N WITNESS THEREOF, the parties have executed this amendment the day and year
first above written.
City of Ukiah, Lessee
Lessor
CandaceHorsley
CityManager
Melinda Walls
ATTEST:
City Clerk
Aftachment # ~
SPANISH MOUNTAIN LEASE ADDENDUM
Ukiah California 95482
This addendum is with regards to the above existing Lease, between M. Louise Younce,
Lessor, and Oty of Ukiah, Lessee . Addendum described as: Agreement No.6.
Airport Beacon Right of Way.
As a result of my mothers passing, my husband and I own the property and are described
as "Lessor".
This is merely an addendum to the present Lease, which is to give notification of name
change of ownership/Lessor.
All terms and conditions of the Lease remain the same until expiration, or option to
extend term of Lease is requested.
Lessor: Lessee:
City of Ukiah
Melinda A. Walls
Christopher E. Walls
THIS AGREE%~NT m~de and entered into, in duplicate,
this 7th day of December, 19&9, by LARKIN O. YOUNCE and
I.f. GLADYS YOUNGE, husband ~nd wife, Parties of the First Part,
and CITY OF UKIAM, a Municipal Corporation of the State of
California, Party of the Second Part,
Parties of the first part grant to second p~rty the
right to %ravel from the R~dwood Highway to' the airplane beacon
on top of Doolin Mountain across the lands of first parties situate
on the west side of.said highway abgut three miles south of the
City of Ukiah upon the following terms and conditions:
1. Travel is restricted to the following ro~ds:
A. Oak Knoll Road from its intersection with the
California State Highway to its intersection with the read
leading from Oak Knoll Road to said beacon lizht.
3. The road extending through the north side of
the lands of first parties to said beacon light.
C. Any alteration of the above described road. s
which parties of the first part may make.
2. The parties of the first part may change the
and direction of the above described ~osds, provided that such
grades are not increased and that the direction of the road ia not sc
changed as to unreasonably restrict its use, to the end that ~he
said'roads may be of substantially the same grades and directions
as th'eM now exist.
3. The right to use said road is granted solely for,
and extends only to, travel necessary for the r~pair and main-
tenance of the airplane beacon light maintained by the party of
the second part on Doolin Ridge.
&. The parties of the first part shall not he reS-
ponsible for the maintenance of, or repairs tc, said roads.
-1-
5. The parties of the first part shall have the
right to ereqt and maintain locked gates on said roads, pro-
vided the party of the second part is furnished a key for each
lock.
6. The right tb travel shall be non-~xclusive.
7. This agreement may be cancelled at the end of any
year by the pa. rt¥ of the second pert upon giving notice in
writing to the parties of the first part sixty days prior to ~e
beginning of the succeeding year, such notice to be given by
registered mail, addressed'to the parties.of the first p~rt et
Ukiah, California.
8. At the end of twenty years, or upon any earlier
termination of this agreement, the party of the second part shall
execute s deed quitclaiming to th~ p~rties of the first par: any
right, title, or inter,st in the above described premis.es.
9. The party of the second part shall pay to the
parties of the first pert annually in advance on the first day
of December of each year the sum of ~1OO.OO, beginning on the
let day of December, 1949.
10. For any default in the performance of the terms
hereof by s~cond paFty first p~rties may declare this agreement
terminated and may e~clude second party, its agents, servants,
officers and employees from said premises.
11. A~y notice or demand which is providud or per-
mitred to be ~iven to either party hereunder or under any presen~
or future provisions of law shall be deemed to have been given
or made when the same has been' deposited in the United States
mail in the State of California registered and postage prepaid,
and addressed to First Parties at Ukiah, California, and addressed
~o Second Party st Ukiah, California. Said addresses may be
changed by such notice in writing.
12. Time is of the essence of this agreement and ef
each and ~11 of its provisions, and no ~:aiver o£ any breach of
-2-
herein contained shall operate as s waiver or relinquishment for
the future of ~n.y such term, provision, covenant, agreement,
event of waiver by First Parties of the bruech of any of the terms,
First Parties be obligated to notify Second Party that strict
performance will be required thereafter.
IN WIT~SS %%~hREOF, the parties ~ave executed, or
caused to be executed, these presents the day and yesr first
shove written.
CITY (F UKIAH
Party of the Second Psr~
yo o §aid City -
Attest:
Clerk ~f said City
Approved:
AlrporZ
Comm~
escort ~w~j~~, ·
iTEM NO: 7c
DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUB.1ECT: ADOPTION OF ORDINANCE REZONING ASSESSOR PARCEL NUMBER 002-121-18
SUMMARY: On April 18th of this year, the City Council unanimously approved a Mitigated Negative
Declaration and introduced an Ordinance rezoning a .53-acre lot fronting Ford Street from R-3 (High Density
Residential) to R-3 PD (High Density Residential-Planned Development Combining). The Ordinance also
established the Precise Development Plan for this area, which is known as the Orrs Creek Neighborhood
Planned Development.
The Ordinance has been prepared in final form and is ready for adoption.
RECOMMENDED ACT'~ON:
1. Adopt the Ordinance rezoning Assessor Parcel No. 002-~.21-18 and establishing the Precise
Development Plan for the Orrs Creek Neighborhood Planned Development.
Citizen Advised: No public notice required.
Requested by: Ruff & Associates, [nc.
Prepared by: Dave Lohse, Associate Planner ]ET
Coordinated with: Candace Horsley, City Manager, and Charley Stump, Planning Director
Attachments:
1. Ordinance approving rezone of Assessor Parcel Number 002-121-18
APPROVED~~
Candace Horsley, City Ma~er
ATTACHMENT 1
Page 1-1
ORDI~NANCE NO.
AN ORDTNANCE OF THE CITY COUNCI'L OF THE CITY OF UKZAH
AMENDI'NG THE OFFI'CZAL ZONTNG MAP FOR THE CITY OF UKTAH~ CALZFORNZA
The City Council of City of Ukiah does hereby ordain as follows:
SEc ~ xON 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 .53-acre property at 125-137 Ford Street
(APN 002-121-18) from R-3 (High Density Residential) to R-3 PD (High Density Residential-Planned
Development Combining).
SECTZON TWO
This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to
establish a planned development area on the site with standards that will allow the division of the site into 4
lots with flexible lot sizes, lot widths, and yard areas, and the subsequent development of the site with a
precise development plan with townhome and second unit development, as shown on Exhibits 1 and 2 of this
ordinance and subject to the Findings and Conditions of Approval shown on Exhibit 3 of this ordinance.
SECTZON THREE
This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective upon
the completion of the land division proposed in MS 05-25.
SECTZON FOUR
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 April 18, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin
A'rI'ACHMENT 1
Page 1-1
ORDt'NANCE NO.
AN ORD~'NANCE OF THE CITY COUNCt'L OF THE CITY OF UKZAH
AMENDTNG THE OFFi'CZAL ZONI'NG HAP FOR THE cI'rY OF UKTAH~ CALTFORNI'A
The City Council of City of Ukiah does hereby ordain as follows:
SECT[ON ONE
Pursuant to the procedures set forth in Section 9009 of the Ukiah Munidpa] Code, the OffidaJ Zoning
Nap for the City of Ukiah is amended to change the zoning on a .53-acre property at 125-137 Ford Street
(APN 002-121-18) from R-3 (High Density Residential) to R-3 PD (High Density Residential-Planned
Development Combining).
SEc/iON TWO
This rezoning action and amendment to the Official Zoning Hap of the City of Ukiah is necessary to
establish a planned development area on the site with standards that will allow the division of the site into 4
lots with flexible lot sizes, lot widths, and yard areas, and the subsequent development of the site with a
precise development plan with townhome and second unit development, as shown on Exhibits 1 and 2 of this
ordinance and subject to the Findings and Conditions of Approval shown on Exhibit 3 of this ordinance.
SEC'I'ZON THREE
This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective upon
the completion of the land division proposed in NS 05-25.
SECT[ON FOUR
This ordinance shall be published as required by law in a newspaper of general circulation published in
the City of Ukiah.
SEC, ~ON FOUR
This Ordinance shall become effective thirty (30) days after adoption.
Tntroduced by title only on April 18, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember Thomas, Crane, McCowen, Baldwin, and Hayor Rodin
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
,2007, by the following vote:
ATTACHMENT 1
Page 1-2
Mari Rodin, Mayor
AI-I'EST:
Linda Brown, Deputy City Clerk
Affachment # I- $
EXHIBZT 1
Proposed Zone Hap Changes for
ORR~ CREEK NEIGHBORHOOD PlaNNED DEVELOPMENT
Area Proposed for Zone Change from
R-3 to R-3 PD
Zoning Mal
Of' VK~
CENTEI~
PD
_
S3i¥1DOSSV +
Affachment #
OOOH~IOSHDI3N 133~lJ.S
l/
.... S:U_VIDOS~;V + ~n~
Affachmenf ¢ ~,- ~
aOOH}IOBHDI3N m43B.LS a~O:l
. ~ , S31 ¥1DOSSV +
CIOOH~IOHHDI]N I :I3HiS
i
Z
~3.LVIDO~;~V +
Aii~acllrnent # J-~
ii
ii
$3.1_VI~)OSSV + 4-1N~
Attachment #
0
S:U.¥1DOSS¥ +
d
jill
Afl'ochrneni- # __1 ~ II .
aOOHHOBHDI]]N J~3~±S 13~OJ
J I
/
Atiachmenl # ~- I ~-
/
,mz ,
Attachment
EXHI'B~'I' 3
Page 3-1
Findings and Conditions of Approval for
ORRS CREEK NEIGHBORHOOD PLANNED DEVELOPMENT
Zone Change and Precise Development Plan
FINDINGS FOR Zone Chan,qe and Precise Development Plan
1. The rezone of the subject property from R-3 to PD and the development of townhomes in the preposed
development area are consistent with the purpose and intent of the HDR land use classification and the R-3
Zoning Distdct to provide a variety of higher density residential developments, and with the intent of the PD
Combining Zone, which prevides greater flexibility and design opportunities for such projects;
2. There is sufficient variety, creativity, and articulation in the amhitacture of the proposed townhouse and
second dwelling unit structures to avoid monotony or any box-like external appearance and the buildings
and surrounding grounds will generally be consistent with, or more attractive than, the design and scale of
similar developments in the surreunding neighborhood;
3. The location, size, and intensity of the preposed townhouse and second dwelling unit structures will not
create hazardous or inconvenient impacts to existing vehicular traffic patterns since its development will not
cause substantial traffic volume increases or alter existing traffic patterns in a substantial manner;
4. The inclusion of accessible off-street parking areas on each townhouse/second dwelling unit lot and in will
provide sufficient on-site parking to limit the potential for hazardous or inconvenient conditions to adjacent
surrounding uses, parLicularly since all parking stalls will be accessible via a common driveway that will be
jointly owned and maintained with access to the Ford Street corridor;
5. The location, size, and intensity of the project will not create hazardous or inconvenient impacts to
pedestrian traffic since its development plan includes a well-defined, ADA-compliant public sidewalk abutting
along the northern side of the preperties and each lot will have direct access to the common use recreational
area along the Orrs Creek bank;
Sufficient landscaped areas and open spaces have been reserved for purposes of separating or screening
the proposed commereial/apartment buildings and townhouse structures frem each other and from adjoining
properties;
The proposed townhouse and second dwelling unit structures will not cut out light or air on the property
since the buildings would be constructed along the perimeter areas of the property and would be set back
far enough from abutting properties to limit adverse shading patterns on those lots;
The proposed townhouse and second dwelling unit structures will not cause excessive damage to or
destruction of natural features on the site since there are few substantial resources present and the
landscape plan will include the retention of native and dparian trees and trees along the Ford Street corridor;
The development of the proposed townhouse and second dwelling unit structures will cause no significant
adverse environmental effects that will not be mitigated by measures designed to reduce their impact to
levels of insignificance, as determined in the Mitigated Negative Declaration and Mitigation Monitoring
Program prepared for the project;
10. The development of this preperty with the proposed townhouse and second dwelling unit structures will not
have a substantial detrimental impact on the character or value of an adjacent residential zoning district
since the proposed planned development project is a substantial improvement to existing conditions and will
utilize attractive building and site designs that are compatible with surrounding development;
Afl'achment #
EXHIBI-r 3
Page 3-2
11. The relatively unique townhouse and second dwelling unit structures will generally be compatible with
surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the
project entails a lower development density than permitted in the existing zoning, is self-contained and semi-
secluded from the surrounding neighborhood, and will be developed in a manner that is consistent with the
surrounding medium to high density and commercial lands that surround it.
CONDITIONS OF APPROVAL FOR ZC 05-24 (Zone Chan.qe & Precise Development Plan)
No building permits shall be issued for any of the structures shown on the Precise Development Plan for
the Planned Development until the Parcel Map has been approved by the Ukiah City Council and signed
by the City Engineer.
All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned
Development approved by the City Council, and to any supporting documents submitted therewith,
including maps, sketches, renderings, building elevations, landscape plans, and alike.
Any construction shall comply with the "Standard Specifications" for such type of construction now
existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah;
except where higher standards are imposed by law, rule, or regulation or by action of the City Council.
In addition to any particular condition, which might be imposed, any construction shall comply with all
building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at
the time the Building Permit is approved and issued.
5. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or
ordinance, be it required by Local, State, or Federal agency.
The Building Permits for the proposed townhouse and second dwelling unit structures permitted by the
Precise Development Plan for the Planned Development shall be issued within two years after the
effective date of the Final Subdivision Map (SUB No. 05-25) approval bythe City Council, or theyshall be
subject to the City's permit revocation process and procedures. In the event the Building Permits cannot
be issued within the stipulated per[od from the project approval date, a one year extension may be
granted by the Director of Planning if no new circumstances affect the project which otherwise would
render the original approval inappropriate or illegal. It is the applicant's responsibility in such cases to
propose the one-year extension to the Planning Department prior to the two-year expiration date.
The approved Precise Development Plan for the Planned Development may be revoked through the
City's revocation process if the approved project related to the development plan is not being conducted
in compliance with the stipulations and conditions of approval; or if the project is not established within
two years of the effective date of approval; or if the established land use for which the permit was
granted has ceased or has been suspended for twenty four (24) consecutive months.
Except as otherwise specifically noted, the Precise Development Plan for the Planned Development shall
be granted only for the specific purposes stated in the action approving the development plan and shall
not be construed as eliminating or modifying any building, use, or zone requirements except as to sbch
specific purposes.
Attachment
EXHIBZT 3
Page 3-3
The four Walnut trees located on the northwest perimeter of the site shall be retained as landscape/
street trees where deemed feasible by the City EngineedDirector of Public Works, who shall determine
which trees can be retained in a manner that provides effective street tree values and clear line-of-sight
consistency for drivers accessing the driveways of the proposed townhomes.
10. All activities involving site preparation, excavation, filling, grading, road construction, and building
construction shall institute a practice of routinely watering exposed soil to control dust, particularly during
windy days.
11. Ali activities involving site preparation, excavation, filling, grading, and actual construction shall include a
program of washing off trucks leaving the construction site to control the transport of mud and dust onto
public streets.
12. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust.
13. Ail earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts)
exceed 25 miles per hour.
14. The following measures shall be taken to preserve the stability of the Orrs Creek bank, reduce erosion,
and maintain shade, habitat and migration resources along the stream:
a) Existing riparian vegetation and other existing trees in the area between the top of the creek bank
and Qrrs Creek shall be shown on the Final Landscape Plan for the Planned Development and shall
be retained unless a certified arborist determines said vegetation should be removed for due to poor
health, the possibility they could create hazardous conditions, or they are non-native vegetative
species that could limit or hinder growing conditions for native riparian vegetation. For each tree
removed from the top of the creek bank, a minimum of two (2) riparian habitat trees of a species as
deemed appropriate by the Director of Planning and Community Development shall be planted prior
to final inspection by Planning Department staff;
b) A combination of native Black Oak or White Oak trees and/or other vegetation, as deemed
appropriate by the Director of Planning and Community Development shall be planted in the area
between the top of the creek bank and Orrs Creek and approved by Planning Department staff prior
to final occupancy of any residential buildings;
c) The landscape plan shall include the placement of native vegetation, as deemed appropriate by the
Director of Planning and Community Development, prior to final inspection by Planning Department
staff; and
d) The applicant/developer shall contact the California Department of Fish and Game (DFG) to
determine whether the removal or new planting of any vegetation in the planted in the area between
the top of the creek bank and Orrs Creek will require the approval of a Stream Alteration Permit or
other required permit.
15. An Oak Tree Preservation Plan prepared by a certified arborist or other landscape professional shall be
required for the 20-inch native oak tree located on the southwest portion of the project site. This plan
shall be approved by the Planning Director prior to the issuance of a building permit or other ministerial
permit to grade, trench, or conduct other site preparation activities, and shall include, but not be limited
to, the methods, surface materials, fencing, and sub-canopy plants that will be utilized to protect the
trunk, root systems, branches, and/or watering schedule both during and after construction of the
apartment complex.
Attachment
EXHTBZT 3
Page 3-4
16. If, during site preparation or construction activities, any historic or prehistoric cultural resources are
unearthed and discovered, all work shall immediately be halted, and City Planning Department staffshall
be notified immediately of the discovery. The applicant shall be required to fund the hiring of a qualified
professional archaeologist to perform a field reconnaissance and, if deemed necessary, to develop a
precise mitigation program prior to the continuation of any site work.
17. The existing residential building proposed for retention on the Remainder Lot shall not be demolished or
removed from the site without a demolition permit approved by the City Council in accordance with the
demolition permit standards in effect at the time. Additionally, all exterior modifications of the building,
including remodels and building additions, shall be prohibited unless the Director of Planning and
Community Development determines the modifications are consistent with the architectural features of
the existing structure.
18. A Final Grading and Drainage Plan shall be reviewed and approved by the City Engineer prior to the
issuance of a building permit for any new construction. This plan shall include, but not be limited to, the
following.
a) The extent of grading and other modification to on-site soils and drainage patterns, including the
methods and systems required to divert surface runoff from paved areas to the Ford Street storm
drain system and sheet runoff away from direct entry into the section of Orrs Creek bounding the
site;
b) The extent of soil coverage, storm drainage improvements and erosion control methods required for
the construction of building pads, driveways, sidewalks, and parking lots; and
c) The inclusion of fossil fuel filters or the use of pervious paving systems or other alternative paving
methods approved by the City Engineer for any drainage routed into Orrs Creek.
19. Surface drainage from uncovered areas of the site shall be routed into the Orrs Creek system through
drainage inlets or other systems designed to prevent sheet flows over the top of the bank. Drainage
systems that fall within the creek bed shall be screened with riparian vegetation or other species
approved by the California Department of Fish and Game.
20. The developer of the property shall verify whether a Stream Alteration Permit from the California
Department of Fish And Game is required prior to any grading or other soil preparation work on the site.
This verification shall be included in the Grading and Drainage Plan required for work done inside the
creek channel or the top of the bank for Orrs Creek.
21. A Certificate of Elevation for all site preparation and the construction of residential building pads on the
site shall be approved by the Federal Emergency Management Agency (FEMA) prior to any grading or
construction activities.
Attachment If [- 17 _
EXHZBTr 3
Page 3-5
22. Prior to the issuance of a Building Permit for the construction of any structures on the site, a Final
Lighting Plan shall be submitted to the Director of Planning and Community Development or his/her
designee for review for compliance with Ukiah Municipal Code standards for on-site lighting and with
"dark sky" guidelines for reducing nighttime lighting on the site. The Director of Planning and Community
Development shall have the authority to require the Final Lighting Plan to be modified (including the
wattage) and/or additional information to be submitted so that the lighting meets the requirements listed
above. The Final Lighting Plan shall include, but not be limited to, the following:
a) Details regarding exterior lighting for structures, garden areas, and walkways, with lighting sources
that are full cut-off, hooded, and down-cast, or otherwise shielded to ensure that light does not
adversely shine towards neighboring properties, or toward the night sky. Lighting in the 'common
area' on the southwest portion of the site shall be mounted on lower pole lighting and shall not
broadcast light beyond the top of the creek bank and shall include motion detectors and/or timers to
ensure that lights do not remain on when the area is not being used;
b) Lighting sources with the minimum wattage necessary to provide adequate security without causing
excessively bright night glow; and
c) Sufficient details regarding the proposed wattage and area of coverage for all site lights.
23. A Final Landscaping Plan shall be submitted by the project applicant and approved by the Director of
Planning prior to the issuance of building permits for any site activities that would remove existing
vegetation or the building of any structures on the site. This plan shall include, but not be limited to, the
following:
a) A planting legend that includes the names, location, coverage area, and canopy cover of all
vegetation proposed for the site, including existing vegetation that will be retained on the interior of
the site and in the areas below the top of the bank for Orrs Creek;
b) An oak tree preservation plan for the 20-inch plus Live Oak tree on the southwest perimeter of the
site and for all other oaks located in the area of the site below the top of the bank for Orrs Creek;
c) The retention of Walnut trees along the Ford Street perimeter, where feasible;
d) The ratention of existing native vegetation and other existing trees in the area between the top of the
creek bank and Orrs Creek, unless a certified arborist determines said vegetation should be
removed for due to poor health, the possibility they could create hazardous conditions, or they ara
non-riparian vegetative species that could limit or hinder growing conditions for native riparian
vegetation, in which case such trees shall be replaced;
e) The placement of native vegetation, as deemed appropriate by the Director of Planning and
Community Development, in the 'common area' prior to the final occupancy of any structures by
Planning Department staff;
f) A planting schedule for all vegetation installed on the site; and
g) A maintenance schedule for existing or proposed vegetation, including a watering schedule and
irrigation system design.
24. Sewer, water, and electric service shall conform to the specifications of the City Department of Public
Utility.
25. All curb, gutter, sidewalk, and street paving along Ford Straet which ara broken or damaged or driveways
which will not be used shall be removed and replaced as required by the City Engineer.
26. Street improvements, including curb, gutter, sidewalk, and street traes shall be as per the City Engineer's
recommendations.
Attachment Cf 1- 1~
EXHZBI'I' 3
Page 3-6
27.
All work within the City right-of-way shall be performed by a properly licensed Contractor with a current
City of Ukiah Business License. Contractor must submit copies of proper insurance coverage (Public
Liability, $1,000,000; Property Damage, $1,000,000) and current Workman's Compensation Certificate.
28. An Encroachment Permit shall be obtained from the City by a licensed contractor prior to doing any
construction within the public street easements. Encroachment permit fee shall be $45 dollars plus three
percent (3%) of estimated construction costs. Contractor(s) shall have a current City of Ukiah Business
License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property
Damage: $1,000,000) and current Workman's Compensation Certificate.
29. All on-site paving shall be a minimum of 2" asphalt concrete with a 6" aggregate base, or an approved
option.
30. The owner of the preperty shall execute any or all of the following agreements that ara required pursuant
to Section 9251 of the Ukiah Municipal Code, and as determined appropriate by the City Engineer: an
easement agreement, a hold harmless agreement and a private property agreement.
31. A recycling program that provides the opportunity for all residents of the townhomes and second dwelling
units to recycle shall be implemented by the applicants prior to the occupancy of any of the units and
shall remain in effect so long as the units are occupied. This program shall be reviewed and approved
by the Director of Planning or his/her designee prior to its implementation to ensure it provides an
efficient method for recycling and is consistent with the requirements of the Municipal Code.
32. Any outdoor refuse/recycle containers shall be aesthetically screened from view. Garbage shall not be
visible outside the enclosure.
33. Hours of construction shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday.
34. All conditions of approval shall be listed on the title page of any plans submitted for development
activities on the site and it shall be the responsibility of the applicant/developer to ensure that all
contractors responsible for any work on the project fully understand these conditions and comply fully
with their implementation. Any deviation from the terms of these conditions or the plans/exhibits
approved as part of the project shall be submitted to the Director of the Planning and Community
Development for review and shall be approved prior to any work affected by the modification.
35. All conditions that do not contain a specific date or time period for completion shall be completed pdor to
the issuance of a Certificate of Occupancy.
36. Requests for the final inspections required for the approval of an Occupancy Permit for the townhomes
or single-family residence shall be submitted by the applicant/developer or his/her contractor to the
Department of Planning and Community Development's Building Division no later than one week pdor to
the time requested for inspections. The applicant/developer or his/her contractor is encouraged to
contact staff at any time to discuss the timing for the completion of required conditions or any other
matter that could cause delays in obtaining an Occupancy Permit.
37. The primary or second dwelling unit shall be occupied by an owner of the property on which the buildings
are located.
lq-EM NO: 7c~
DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUB3ECT: ADOPTZON OF AN ORD'rNANCE REZONI'NG ASSESSOR PARCEL NUMBER 002-
1S3-30 AND A PORTZON OF ASSESSOR PARCEL NO. 002-'t S3-04 (ZC No. 06-32)
SUMMARY:
On April 11th of this year, the City Council unanimously approved a Mitigated Negative Declaration and
introduced an Ordinance for the Main Street Village Planned Development project near the corner of
Main and Norton Streets. The purpose of this ordinance is to rezone a .99-acre area on two contiguous
parcels from R-3 (High Density Residential) and C-1 (Community Commercial) to C-1 PD (Community
Commercial-Planned Development Combining) and to establish a Precise Development Plan for the area,
with a mixed-use planned development consisting of 2 lots with combined commercial and residential
uses, 12 townhouse properties, and shared parking, access driveways, and landscaping.
The Ordinance has been prepared in final form and is ready for adoption.
RECOMMENDED AC'DZON:
1. Adopt the Ordinance rezoning Assessor Parcel Number 002-153-30 and a portion of Assessor Parcel
Number 002-153-04 to C-1 PD Combining Zone District and establishing the precise development plan
for the Main Street Village Planned Development.
Citizen Advised: No public notice required.
Requested by: Doble Thomas & Associates, :[nc.
Prepared by: Dave Lohse, Associate Planner TT
Coordinated with: Candace Horsley, City Manager, and Charley Stump, Planning Director
Attachments:
1. Ordinance approving rezone of Assessor Parcel Number 002-153-30 and portion of
Assessor Parcel Number 002-153-04
APPROVED: ~~-~..,
Candace Horsley, City Manager
ATTACHMENT 1
Page 1-1
ORDt'NANCE NO.
AN ORDI'NANCE OF THE CI'rY COUNCI'L OF THE CITY OF UKZAH
AMENDZNG THE OFFI'CZAL ZONI'NG MAP FOR THE CZTY OF UKTAH, CALZFORNI'A
The City Council of City of Ukiah does hereby ordain as follows:
SECT/ON 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 .71-acre property at 345 North
Hain Street (APN 002-153-30) from C-1 (Community Commercial) to C-1 PD (Community Commercial-
Planned Development Combining) and the zoning on a contiguous .28-acre portion of the lands at 2~.5
Norton Street (APN 002-153-04) from R-3 (High Density Residential) to C-! PD (Community
Commercial-Planned Development Combining).
SECT/ON TY~O
This rezoning action and amendment to the Official Zoning Hap of the City of Ukiah is necessary
to establish a .99-acre planned development area with standards that will allow the division of the site
into 14 lots with flexible lot sizes, lot widths, and yard areas, and the subsequent development of the
site with a precise development plan that includes two mixed-use commercial/apartment buildings on
the two lots comprising the western portion of the development area and 12 townhouses with shared
access and parking facilities on the remaining lots, as shown on Exhibit 1 of this ordinance and subject
to the Findings and Conditions of Approval shown in Exhibit 2 of this ordinance.
SECTION THREE
This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective
upon the completion of the General Plan Amendment proposed in GPA/ZC 06-34, the lot line adjustment
proposed in BLA 06-35, and the land division proposed in SUB 06-36.
SECT/ON FOUR
This ordinance shall be published as required by law in a newspaper of general circulation
published in the City of Ukiah.
SEC'/ION FOUR
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on April 18, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember Thomas, Crane, IVlcCowen, Baldwin, and Mayor Rodin
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Linda Brown Deputy City Clerk
,2007, by the following vote:
Mari Rodin, Mayor
A~'I'ACHI~IENT 1.
Page 1.-2
Zoning Map
~Project Site t
' R2 (Medk~m Density Resider~al)
~! R3
~ll~ ~
ATTACHMENT 1
Page 1-3
i PF
PD
Area Retained in
R-3 (High Density Residential)
~sed for Rezone to
~unity Commercial)
Mason Street
I--
W
W
~C
I--
'i
I i
Attachment # I-/~
Z
Z
<
Z
<
Z
0
<
¢
Z
<
OZ
0
0
0
<
I-IJJl~l~
AHachm~.nf # ..... l-~
VD 'H~I)trl 'l::l:1'd/S NI¥1N
$~$F~O~NMOJ_ NId~-~
NV~d ::IdVOSONVq" A~VN 1~1 q3J:ld
Affachment # __ /.,~
EXHIBTr 2
Page 2-].
Findings and Conditions of Approval for
MAIN STREET VILLAGE
Precise Development Plan
RECOMMENDED FINDINGS:
1. The General Plan land use reclassification to C (Commercial) and the proposed mixed-use development
proposal are consistent with the Ukiah General Plan since the land uses proposed are consistent with
Land Use Element siting criteria for commercial developments and medium to high density residential
developments, as well as Housing Element implementation measures that encourage the use of "infill"
lots that are designated for higher density residential development;
2. The rezone of the subject property to PD and the development of mixed commercial/residential and
townhouse components in the proposed development area are consistent with the purpose and intent
of the R-3 Zoning District to provide a variety of higher density residential developments, the purpose
and intent of the C-1 zone to provide commercial land use opportunities along primary transportation
corridors, and with the intent of the PD Combining Zone, which provides greater flexibility and design
opportunities for such projects;
3. There is sufficient variety, creativity, and articulation in the architecture of the proposed
commerdal/apartment buildings and townhouse structures to avoid monotony or any box-like external
appearance and the buildings and surrounding grounds will generally be consistent with, or more
attractive than, the design and scale of similar developments in the surrounding neighborhood;
4. The location, size, and intensity of the commercial/apartment buildings and townhouse structures will
not create hazardous or inconvenient impacts to existing vehicular traffic patterns since its
development will not cause substantial traffic volume increases or alter existing traffic patterns in a
substantial manner;
5. The inclusion of accessible off-street parking areas on each townhouse lot and in the common parking
lot area of the mixed-use development area will provide sufficient on-site parking to limit the potential
for hazardous or inconvenient conditions to adjacent surrounding uses, particularly since all parking
stalls will be accessible via a common driveway that will be jointly owned and maintained with access
to the Main Street corridor;
q-ne location, size, and intensity of the project will not create hazardous or inconvenient impacts to
pedestrian traffic since its development plan includes a well-defined pedestrian walkway along the
southern side of the proposed access driveway;
The reduction of the shared parking lot to a total of 11 stalls will not cause adverse effects to area
parking, vehicle circulation, or pedestrian patterns since the site will be developed with mixed land uses
that will be occupied during different times of the day and the conditions of the project development
will allow for their construction should a clear problem be presented by any change in land uses;
Sufficient landscaped areas and open spaces have been reserved for purposes of separating or
screening the proposed commercial/apartment buildings and townhouse structures from each other
and from adjoining properties;
Attachment # ~--10
EXHI'B~T 2
Page 2-2
9. The commercial/apartment buildings and townhouse structures will not cut out light or air on the
property since the buildings would be constructed along the perimeter areas of the property and would
be set back far enough from abutting properties to limit adverse shading patterns on those lots;
10. The commercial/apartment buildings and townhouse structures will not cause excessive damage to or
destruction of natural features on the site since there are few substantial resources present and the
landscape plan will include the retention of at least half the trees on the area to be developed;
11. The development of the commercial/apartment buildings and townhouse structures will cause no
significant adverse environmental effects that will not be mitigated by measures designed to reduce
their impact to levels of insignificance, as determined in the Hitigated Negative Declaration and
IVlitigation IVlonitoring Program prepared for the project;
12. The development of this property with commercial/apartment buildings and townhouse structures will
not have a substantial detrimental impact on the character or value of an adjacent residential zoning
district since the proposed planned development project is a substantial improvement to existing
conditions and will utilize attractive building and site designs that are compatible with surrounding
development;
13. The relatively unique commercial/apartment buildings and townhouse structures will generally be
compatible with surrounding land uses and will not be detrimental to the public's health, safety, and
general welfare since the project entails a lower development density than permitted in the existing
zoning, is self-contained and semi-secluded from the surrounding neighborhood, and will be developed
in a manner that is consistent with the surrounding medium to high density lands that surround it.
RECOI~IqENED CONDI'I"~ONS OF APPROVAL: The following Conditions of Approval shall be made a
permanent part of GPA/ZC No. 06-32, shall remain in force regardless of property ownership, and
implemented in order for this entitlement to remain valid:
No building permits shall be issued for any of the structures shown on the Precise Development
Plan for the Planned Development until the Parcel Hap has been approved by the Ukiah City
Council and signed by the Ukiah City Engineer.
All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned
Development approved by the City Council, and to any supporting documents submitted
therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike.
Any construction shall comply with the "Standard Specifications" for such type of construction now
existing or which may hereafter be promulgated by the Engineering Department of the City of
Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the
City Council.
Tn addition to any particular condition, which might be imposed, any construction shall comply
with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and
ordinances in effect at the time the Building Permit is approved and issued.
Attachment Cf I- J I
EXHZBTt' 2
Page 2-3
5. Applicant shall be required to obtain any permit or approval, which is required by law, regulation,
or ordinance, be it required by Local, State, or Federal agency.
The Building Permits for the commercial/apartment buildings and townhouse structures permitted
by the Precise Development Plan for the Planned Development shall be issued within two years
after the effective date of the Final Subdivision Hap (SUB No. 06-34) approval by the City Council,
or they shall be subject to the City's permit revocation process and procedures. :in the event the
Building Permits cannot be issued within the stipulated period from the project approval date, a
one year extension may be granted by the Director of Planning if no new circumstances affect the
project which otherwise would render the original approval inappropriate or illegal, it is the
applicant's responsibility in such cases to propose the one-year extension to the Planning
Department prior to the two-year expiration date.
The approved Precise Development Plan for the Planned Development may be revoked through
the City's revocation process if the approved project related to the development plan is not being
conducted in compliance with the stipulations and conditions of approval; or if the project is not
established within two years of the effective date of approval; or if the established land use for
which the permit was granted has ceased or has been suspended for twenty four (24) consecutive
months.
Except as otherwise specifically noted, the Precise Development Plan for the Planned
Development shall be granted only for the specific purposes stated in the action approving the
development plan and shall not be construed as eliminating or modifying any building, use, or
zone requirements except as to such specific purposes.
improvement Plans for interior walkways or curb, gutters, sidewalks, driveways and street paving
along the shared access driveway and Hain Street frontage shall be prepared by a licensed civil
engineer in accordance with City Standard Drawings and submitted to the Ukiah City Engineer for
review. The improvements plans shall be approved by the City Engineer prior to the issuance of
any ministerial permits for site preparation activities required for the construction of any
residential unit on the subject property.
10. All improvements within the right-of-way for work in the Hain Street frontage shall be
constructed in conformance with the approved improvement plans under an Encroachment
Permit issued by the Public Works Department. The Encroachment Permit shall be submitted to
the City Engineer with a fee equal to three percent (3%) of the cost of the improvements and
must be approved prior to the issuance of a Building Permit for the project.
11. All improvements shall be done by a properly licensed Contractor with a current City of Ukiah
Business License who shall submit copies of proper insurance coverage (Public Liability:
$1,000,000; Property Damage: $1,000,000) and current Workman's Compensation Certificate.
12. All activities involving site preparation, excavation, filling, grading, road construction, and building
construction shall institute a practice of routinely watering exposed soil to control dust,
particularly during windy days.
13. All inactive soil piles on the project site shall be completely covered at all times to control fugitive
dust.
Affachment # I - 12~
EXHI'B]T 2
Page 2-4
14. All activities involving site preparation, excavation, filling, grading, and actual construction shall
include a program of washing off trucks leaving the construction site to control the transport of
mud and dust onto public streets.
15. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be
used for earth moving operations.
16. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous
gusts) exceed 25 miles per hour.
17. Tf, during site preparation or construction activities, any historic or prehistoric cultural resources
are unearthed and discovered, all work shall immediately be halted, and City Planning
Department staff shall be notified immediately of the discovery. The applicant shall be required
to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and,
if deemed necessary, to develop a precise mitigation program prior to the continuation of any site
work.
18. During any new construction/land disturbance, the applicant/contractor shall exercise Best
Management Practices (BMPs) so as to minimize storm water pollution through daily street
sweeping and the placement of erosion control measures on-site. The contractor shall designate
a primary contact person, which shall be available to the City of Ukiah in the event of noted
storm damage or storm event. Said person shall be responsible for inspection of all erosion
control facilities.
19. The proposed project shall be constructed in compliance with the City of Ukiah Storm Water
Management Plan.
20. Prior to issuance of any building permits for on-site construction, the applicant/subdivider shall
submit to the City Engineer/Floodplain Administrator an analysis prepared by a Civil Engineer as
to whether the subject property is located in the 100-year floodplain for Gibson Creek, as defined
by the Federal Emergency Management Agency (FEMA). In the event that any portion of the
property is found to be within the 100-year floodplain, a Civil Engineer shall prepare a FEMA
Elevation Certificate for each structure to be constructed illustrating that the proposed finished
floor is at or above the base flood elevation pursuant to the requirements of FEMA.
21. A Grading and Drainage Plan that includes an Erosion and Sediment Transport Control Plan shall
be submitted to the City Engineer/Public Works Director for review and shall be approved prior to
the commencement of any grading, site preparation activities, or construction of buildings and
paving. A licensed civil engineer shall prepare all drainage calculations and other work done on
this Plan.
22. Drainage improvements shall be designed and constructed in a manner that is consistent with the
Preliminary Drainaqe Report for the Main Street Planned Development Project, as prepared on
November 2:~, 2006, by Doble Thomas Engineers and with the approved tentative map for this
project. Specific drainage improvement plans shall be prepared by a Civil Engineer and approved
by the City Engineer/Director of Public Works, and shall incorporate the use of permeable
surfaces, where feasible, to reduce stormwater runoff from the pro.iect site. Drainage
calculations shall be submitted to support the design of the drainage improvements for the site.
Attachment
EXHI'BZT 2
Page 2-5
23. The project developer shall enter into an agreement with the City of Ukiah to pay an appropriate
share of the traffic mitigation fees for the cumulative impacts that this project will generate at
the Main Street-Perkins Street intersection. The fee amount shall be defined by the staff of the
City Engineer/Public Works Department using methods prescribed in the city-wide Capitol
Improvement Program now being developed, with the amount of the contribution defined prior to
the issuance of building permits for any structures on the site.
24. If, during site preparation or construction activities, any historic or prehistoric cultural resources
are unearthed and discovered, all work shall immediately be halted and City Planning Department
staff shall be notified immediately of the discovery. The applicant shall also be required to fund
the hiring of a qualified professional archaeologist to perform a field reconnaissance to determine
whether the development of a precise mitigation program will be required prior to the
continuation of any site work.
25. Sewer, water, and electric service shall conform to the specifications of the City Public Utilities
and Public Works Departments.
26. A Final Landscaping Plan shall be submitted by the project applicant and approved by the
Director of Planning prior to the issuance of a Certificate of Occupancy for the building. This
plan shall include, but not be limited to the following:
a) A planting legend that includes the names, location, coverage area, and canopy cover of
proposed vegetation;
b) A planting schedule for all vegetation installed on the site; and
c) A maintenance schedule for existing or proposed vegetation, including a watering schedule
and irrigation system design.
27. All landscaping shall be maintained in a neat, weed-free manner, and may not be removed or
substantially altered unless the Director of Planning reviews and approves the removal or
replacement of vegetation determined to be diseased, unstable, hazardous, or poorly located on
the site. Any vegetation removed from the site shall be replaced with similar vegetation
approved by the Planning Director.
28. Any roof-mounted air conditioning, heating, and/or ventilation equipment shall be aesthetically
screened from view consistent with the architecture of the building upon which it is located.
29. Outdoor refuse/recycle containers shall be aesthetically screened from view; garbage shall not
be visible outside the enclosures.
30. A recycling program that provides the opportunity for all residents of the proposed
commercial/apartment buildings and townhouse structures to recycle shall be implemented prior
to the occupancy of any of the buildings and shall remain in effect So long as the structures are
occupied. This program shall be reviewed by the Planning Director and approved prior to
implementation to ensure it provides efficient recycling methods consistency with Ukiah
Municipal Code requirements.
31. Hours of construction shall be limited to the hours between 7:00 a.m. to 7:00 p.m., Monday
through Saturday unless additional hours of construction for special construction activities or
projects are reviewed and approved by the Planning Director.
Attachment # I-I~L _
EXHI'BZT 2
Page 2-6
32. Prior to the issuance of a Building Permit, a Final Lighting Plan shall be submitted to the Director
of Planning and Community Development or his/her designee for review for compliance with
Ukiah Municipal Code standards for on-site lighting and with "dark sky" guidelines for reducing
nighttime lighting on the site. The Final Lighting Plan shall include details regarding exterior
lighting for structures, garden areas, and walkways, with lighting sources that are full cut-off,
hooded, and down-cast, or otherwise shielded to ensure that light does not adversely shine
towards neighboring properties, or toward the night sky. Additionally, all lighting shall be the
minimum wattage necessary to provide adequate security, yet shall not result in excessively
bright night glow. Sufficient details regarding the proposed wattage of all site lights shall be
included in the Final Lighting Plan so that the Planning Staff can determine how bright the
proposed site lights will be. The Director of Planning and Community Development shall have
the authority to require the Final Lighting Plan to be modified (including the wattage) and/or
additional information to be submitted so that the lighting meets the requirements listed above.
33. Rental and lease agreements for all of the apartments and documents required for the sale of
the townhouses on the subject properties shall include an advisement to potential renters that a)
the proposed commercial/apartment buildings and townhouse structures are located in close
proximity to the Ukiah Municipal Airport and are subject to occasional overflights of aircraffc
taking off or landing at the airport. The language in this advisement shall be submitted to the
Director of Planning and Community Development with any site improvement or building permit
applications and shall be approved by the Director prior to the issuance of a Permit of
Occupancy for any of the proposed apartment buildings.
34. The owner of the parcel shall submit a park dedication fee calculated in accordance with
standards and formulas in effect at the time such building permit is requested.
35. The site shall be developed with 11 parking stalls in the shared parking lot proposed for the
southwest corner of the development area, with landscaping replacing the paved areas of the
stalls. The stalls removed and the replacement landscaping design and plants shall be
submitted to the Director of Planning and Community Development for review prior to the
approval of the final site improvement plans, and shall be approved by the Director prior to the
issuance of a certificate of occupancy for either of the mixed-use commercial/residential
buildings. One or both of the stalls may be constructed on the site in the event that the Director
determines that their development is required to alleviate on-site parking problems and/or
parking problems in the surrounding neighborhood.
36. All conditions that do not contain a specific date or time period for completion shall be
completed prior to the issuance of a Certificate of Occupancy.
AGENDA
ITEM NO: 7e
MEETING DATE: May 2~ 2007
SUMMARY REPORT
SUBJECT:
AWARD PURCHASE OF ROCKWELL AUTOMATION PANELVIEW PLUS
1250 CONTROL SYSTEM HARDWARE AND SOFTWARE EQUIPMENT
AND INSTALLATION TO CED SANTA ROSA FOR THE TOTAL AMOUNT
OF $13,953.00.
Submitted for the City Council's consideration and action is staff's recommendation that
the purchase of a Rockwell Automation PanelView Plus 125 control system hardware and
software be awarded to CED Santa Rosa for the total amount of $13,953.00. This
purchase will include all equipment, installation, testing and technical support required to
provide complete functionality of the control system. This system is comprised of a touch-
screen operator control station and programming and soffware. The system is an interface
that allows the WWTP Operator to control, adjust and monitor all equipment associated
with the Advanced Wastewater Treatment unit process required for effluent discharged to
the Russian River.
The existing PanelView control system has failed and cannot be repaired. The PanelView
Plus 125 is an upgrade that is necessary to restore the AWT unit process controls to
completely reliable functionality.
Continued on page 2.
RECOMMENDED ACTION: AWARD PURCHASE OF ROCKWELL AUTOMATION
PANELVIEW PLUS 1250 CONTROL SYSTEM HARDWARE AND SOFTWARE
EQUIPMENT AND INSTALLATION TO CED SANTA ROSA FOR THE TOTAL AMOUNT
OF $13,953.00.
ALTERNATIVE COUNCIL OPTIONS: Reject proposal and provide direction to Staff.
FUNDING:
Amount Budqeted Account Number Additional Funds Requested
$13,953.00 N/A
612.3580.302.003
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Ann Burck, Water-Utilities-Project Engineer
William Pounders, Waste Water Treatment Plant Supervisor
Candace Horsley, City Manager
CED Santa Rosa Proposal
Approved: · ~=~,~
Candace Horsley, Citylanager
This equipment can only be provided by Rockwell Automation, the original manufacturer of
the system. This Rockwell Automation product and installation service may only be
purchased through their regional distributor, CED Santa Rosa.
Funds for this purchase have been budgeted in the WWTP Operations and Maintenance
Fund under account number 612.3580.302.003 and adequate funds are available for the
requested purchase.
Proposal
Presented To:
Gary Smith
CITY OF UKIAH
PanelView 1250 Upsrade
(Ukiah, Ca.)
Provided By:
Brian Thomas
Alton MulEs
CED Santa Rosa
Proposal Number SFRMJN4.12.07.02A
April 13, 2007
PROPRIETARY NOTICE
The information contained within this document conststs of technical, commercial, and/or financial information, which is
confidential and proprietary to Rockwell Automation. This information is furnished in confidence with the understanding
that it may not be reproduced or used, in whole or in part, for any purpose other than evaluation of this proposal and the
recipient a~rees to return the proposal to Rockwell Automation upon request.
~3Rockwe[I Automation, Inc. All Rights Reserved, Document Rev. 1 .O1
1. Scope of Supply and/or Deliverables
CED Santa Rosa ~ Rockwe{[ Automation proposes to provide the roi{owing de[iverabtes:
1.1. Deliverables
Following is the list of deliverables that wi[[ be provided under this proposal
Option I
A. Equipment:
1 ) PanetVlew Plus 1250 with touch screen
2) Pane[View Mounting adapter plate
3) RSView ME Studio programming software
B. Labor:
1 ) Run the Pane[View conversion utility
2) Review and change / correct any conversion errors
3) Set up communications
4) Edit tags as needed for the conversion
5) Test and monitor new Pane{View Ptus
6) Modify or correct functiona{ difference that may occur from the conversion from
Pane[View to Pane[View Plus.
1.2. Control System Hardware and Software
I 2711P-T12C6D1 PV+ 1250 touch screen w; DH+ and remote I/O
1 2711P-RAT12E2 Adapter prate
I 9701-VWSTMENE RSView ME Studio
City of Ukiah's Responsibilities
1. Remove existing PanetView and mount and wire new PanetView P{us.
2, Return otd Pane[View for credit per Step Forward program,
3. Provide engineering assistance throughout the entire duration of the project. This includes personnel
and equipment,
4. Provide power to each control enclosure and operator station console.
5. Provide a secure onsite storage / staging area for ali eqLfipment shipped to site.
Page 2
3. Commercial
3.1. pricing
Fixed Price - Upqrade System
PanelVlew 1200 Upgrade
3,953
3.2. Invoicing
Invoicing milestones are detai~ed below.
Milestone
Upon Acceptance of Order
PaYment P~cent Accumulative Percent
100 100
This proposal is valid until it is superseded via written revision/notification from CED Santa Rosa or
Rockwell Automation or thirty (30) days, whichever comes first.
If this proposal is acceptable, please submit a signed purchase order referencing this proposal and
acknowledging the attached Terms and Conditions to the fottov~ng: address, fax or emait:
CED Santa Rosa
1220 BdggsAve
Santa Rosa, Ca 995406
Attn: Brian Thomas
Reference proposal number SFR~JN4.12.07.02A
4. Terms and Conditions
The pricing for this proposal is based on the CLarifications, Assumptions and Exceptions as presented in this
proposal. CED Santa Rosa and Rockwell Automation reserves the right to revise this estimate should
modification to the scope of supply or delays outside the control of CED / Rockwet~ Automation occur.
Page 3
ITEM NO: 7f
MEETING DATE: May 2, 2007
AGENDA
SUMMARY REPORT
SUBJECT: NOTIFICATION TO CITY COUNCIL FOR PURCHASE OF TRUCKING
SERVICE TO OFF-HAUL VACTOR HYDROWASTE FROM THE CORPORATION YARD
TO A LANDFILL TO ARCHER TRUCKING AT THE UNIT PRICE OF $22.50 PER TON
FOR A TOTAL OF $7,392.83
Section 1522 of the Municipal Code requires a report to the City council of purchases from
$5,000.00 to $10,000.00. In accordance with the above-mentioned section, this report is
submitted to the City Council.
The Water/Sewer Maintenance department routinely uses the Vactor for hydro-excavation
of soil for water main repairs and improvements. The Vactor hydrowaste was stockpiled at
the Corporation Yard. Prior to reuse, the soil was analyzed to confirm that it was "clean".
The stockpile was tested and found to be contaminated with 380 mg/kg of petroleum
based oil and grease and 110 mg/kg of Total Petroleum Hydrocarbon as Motor Oil
(Attachment #1).
Continued on pa.qe 2
RECOMMENDED ACTION: Receive and file notification for the purchase trucking service
to off-haul Vactor hydrowaste to Archer Trucking at the unit price of $22.50 per ton for a
total of $7,392.83.
ALTERNATIVE COUNCIL OPTIONS: N/A
FUNDING:
Amount Budqeted
n/a
Account Number
820-3948-690-000
Additional Funds Requested
n/a
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
n/a
Candace Horsley, City Manager
Ann Burck, Water Utilities Project Engineer
Candace Horsley, City Manager
1) Soils Analysis from waste pile at Corp. Yard
2) Redwood Landfill Disposal Requirements
Approved:
Ca-~'ace anager
The petroleum hydrocarbon concentration was higher than the Waste Acceptance Criteria
at the Redwood Landfill in Novato where the biosolids are recycled (Attachment #2). The
closest landfill in this region that would accept petroleum contaminated soils with this level
of contamination was the Norcal Waste Systems Hay Road Landfill in Vacaville.
Temporary storage of waste piles is limited to a time period of four months or 90 days. As
soon as it was dry enough, about half of the material was taken to the Hay Road Landfill.
Bids for trucking services were requested from seven trucking firms, Archer Trucking,
Ferranti Construction, Giacomini Enterprises, Granite Construction, Gregg Simpson
Trucking, R&M Backhoe Service, and WIPF Construction. Archer Trucking was the overall
Iow bidder at a unit price of $22.50 per ton for a total of $7,392.83. Refer to the bid
summary table below for a complete listing of bid amounts.
Bid Summary Table
Archer Trucking $22.50 per ton
Wipf Construction $28.97 per ton
Ferranti Construction $30.00 per ton
Giacomini Enterprises $52.00 per ton
Granite Construction Declined to Bid
Gre~]g Simpson Trucking Declined to Bid
R&M Backhoe Service Declined to Bid
Approximately 95% of the waste pile came from water system maintenance and 5% from
street maintenance. The respective funds will be expensed accordingly. Adequate funds
are available from account number 820.3948.690.000 for the requested purchase from
water system maintenance. The remainder of the soil with asphalt at the Corporation Yard
can be used at the ww-rP to improve the sludge lagoon berms.
Investiqation and action steps
An investigation of the source of high hydrocarbons was conducted and it was determined
that though the staff separates out the asphalt from the soil when digging up the street,
asphalt granules were evident throughout the top two inches of soil. Water Code section
13269 allows for a waiver for reuse of the soil with minor asphalt in certain applications;
under roads, buildings or berms. Staff has developed field procedures to take the top two
inches of soil with the asphalt for recycling which will enable the soil to be reused and
eliminate the landfill disposal cost in the future.
~1 Laboratories Inc.
e mail: clientserviccs@alpha labs corn
Aftachment # I
208 Mason St. Ukiah, Cali£omia 95482
Phone (707) 468-0401 * Fax (707) 465-5267
19January2007
Ukiah, City of-STP
Attn: Andrew Luke
300 Plant Rd.
Ukiah, CA 95482
RE: Corp Yard Vactor
Work Order: 07A0474
Enclosed are the results of analyses for samples received by the laboratory on 01/16/07 14:20. If you
have any questions concerning this report, please feel free to contact me.
Sincerely,
Kelley M. Thompson For Shed L. Speaks
Project Manager
Alpha Analytical Laboratories Inc
¢ mail clientser~,ices~alpha labs eom
208 Mason St. Ukiah, California 95482
Phone (707) 468-0401 Fax (707) 468-5267
Ukiah, City of-STP
300 Plant Rd,
Ukiah, CA 95482
Atto: Andrew Luke
CHEMICAL EXAMINATION REPORT
Report Date:
Project No:
Project ID:
Order Number Receipt Date/Time - Client Code
07A0474 01/16/2007 14:20 UKIAHSTP
01/19/07 13:I5
Corp Yard Vactor
Client PO~Reference
Page 1 of 3
ANALYTICAL REPORT FOR SAMPLES
Sample tD Laboratory 1D Matrix Date Sampled Date Received
A,B, C, D 07A0474-01 Soil 01/16/07 14:07 01/16/07 14:20
7he results tn thts report apply to the samples analyzed in accordance with the cham
of custody document lhts analyttcal report must be reproduced in its entirely
Bruce L. Gove 1/19/2007
Laboratory Director
Alpha ical Laboratories Inc.
e-mail: clientsewices~alpha labs corn
208 Mason St. Ukiah, California 95482
Phone (707) 468-0401 Fax (707) 468-5267
Ukiah, City of-STP
300 Plant Rd.
Ukiah, CA 95482
Attn: Andrew Luke
CHEMICAL EXAMINATION REPORT
Report Date: 01/19/07 13:15
Project No: -
Project 1D: Corp Yard Vactor
Order Number Receir~t Date/Time -- Client Code Client PO/Reference
07A0474 01/16/2007 14:20 UKIAHSTP
Alpha Analytical Laboratories, Inc.
METHOD BATCH PREPARED ANALYZED DILUTION RES11LT PQL NOTE
A,B, C, D (07A0474-01) Sample Type: Soil Sampled: 01/16/07 14:07
Metals by EPA 6000~7000 Series Methods
Cadmium EPA 6010 AA71608 01/18/07 01/18/07 I ND rog/kg 10
Chromium 36" 5.0
Lead 5.2 ' 5.0
Nickel 42" 10
Zinc 43" 10
Pa~e 2 of 3
Conventional Chemistry Parameters by APHA/EPA Methods
Oil & Grease (HEM-SG) EPA 9071B AA71822 01/18/07 01/19!07
I 380 rog/kg 250
TPH by EPA/LUFT GC/GCMS Methods
TPII as Diesel 8015DRO AA71708 01/17/07 01/18/07 I 14 rog/kg 1.0
TPH as Gasoline 8015GRO AA71801 01/17/07 01/17/07 ND" 10
TPH as Motor Oil 8015DRO AA71708 01/17/07 01/18/07 110" 2.0
Surrogate 1.4-Bromofluorobenzene 8015GRO AATI801 01/17/07 01/17/07 fl] % 60-156
Surrogate 1.4-Bromofluorobenzene 801SDRO AA71708 01/17/07 01/18/07 67 1% 20-152
D 09
Volatile Organic Compounds by EPA Method 8260B
Benzene EPA 8260B AA71808 01/17/07
Toluene
Ethylbenzenc
X~,lcncs (torah ....
Surrogate Bromofluorobenzene
Surrogate Dtbromofluoromethane
Surrogate Toluene d8
01/18/07
ND mg/kg 0 0050
ND" 00050
ND" 00050
ND" 0 0050
88 0 % 64-151
8O4 % 68-133
104 % 89-148
The results in thts report apply to the samples analyzed in accordance wtth the chain
of caslody document This analytical report musl be reproduced tn its entirety
Bruce L. Gove 1/19/2007
Laboratory Director
Alpha ytical Laboratories Inc.
e-mail c]ie~tserx,,icesC0~alpha labs corn
208 Mason St. Ukiah, California 95482
Phone x J07) 468-0401 Fax (707) 468 5267
Ukiah, City of-STP
300 Plant Rd.
Ukiah, CA 95482
Atto: Andrew Luke
CHEMICAL EXAMINATION REPORT
Report Date:
Project No:
Project ID:
Order Number
07A0474
Rcceil~t Date/Time - Client Code
01/16/2007 14:20 UKIAHSTP
01/19/07 13:15
Corp Yard Vactor
Client PO/Referencc
Page 3 of 3
Notes and Definitions
QM-04
D-09
DET
ND
NR
dry.
RPD
PQL
High RPD and/or poor percent recovery may reflect sample non-homogeneity.
Results in the diesel organics range are primarily due to overlap from a heavy oil range product.
Analyte DETECTED
Analyte NOT DETECTED at or above the reporting limit
Not Reported
Sanrple results reported on a dry weight basis
Relative Percent Difference
Practical Quantitation Limit
Affachment # ~
REDWOOD LANDFILL, INC.
PETROLEUM CONTAMINATED SOILS
DISPOSAL REQUIREMENTS
PC ACCEPTANCE:
Low level Gasoline, Diesel, and Oil and Grease contaminated soils only.
Material must not contain flee liquids.
SAMPLING REQUIREMENTS:
One (1) composite for every 100 cubic yards of excavated contaminated soil,
or one direct for every 20 cubic yards with a minimum of 2 samples. Each
composite sample shall consist of four (4) separate soil samples, and should
remain separate and combined in the laboratory just prior to analysis.
TESTING REQUIREMENTS:
Gasoline Contaminated Soils:
EPA 8015 -TPH modified for gasoline
*EPA 8020 - BTEX
Total lead (1 per job)
Diesel Contaminated Soils:
EPA 8015 - TPH Modified for diesel
*EPA 8020 - BTEX
Oil and Grease Contaminated Soils:
Waste or Used Oil
EPA 8015 -TPH modified for gasoline
EPA 8015 - TPH Modified for diesel
EPA 418.1 - Oil & Grease
*EPA 8020 or 8240 - Volatile organics
Waste extraction Test and analysis for
Cd, Cr, Pb, Zn, Ni
Fuel Heating Oils Soils:
EPA 8015 - TPH Modified for diesel
*EPA 8020 - BTEX
*TCLP-EPA Test method 1311 is an extraction method to be used prior to 8015/8020
in order to meet Redwood's soluble limits, but is not mandatory. If BTEX levels have
the potential to exceed Redwood's limits, a TCLP will be required.
REPORTING REQUIREMENTS: · Letter stating sampling technique, contamination source and quantities.
· Detailed Site Map showing excavation and present stock pile locations. Show all tanks
on site past and present, and label all tanks. (Waste Oil, Solvent, etc.)
· Signed Laboratory Reports with chain of custody form certified laboratory.
SOIL ACCEPTANCE LIMITS:
Gasoline Contaminated: Petroleum hydrocarbon must be 50 rog/kg or less
Total lead (if 20 mg/kg or greater STLC, limit .75 mg/L)
Benzyne 0.015 mg/L Ethyl-benzyne 0.45 mg/L
Toluene 0.6 mg/L Eylene 0.3 mg/L
Diesel or Oil and Grease Contaminated: Petroleum hydrocarbon must be
100 mg/kg or less. Please call for constituent limits.
NOTE:
All laboratory data must be received by Redwood Landfill at least 3 working days
prior to the planned disposal date. (Please allow 3-4 days for mail service.)
Reports can be faxed to Redwood at: (415) 892-2851.
REDWOOD WILL CALL YOU TO:
· Approve soils for disposal
· Set delivery date.
DISPOSAL RATES: · $14.00 per yard (soil free of debris)
· $18.00 per yard (soil containing visquene, debris, or large rocks).
· $35.00 per yard minimum disposal
Redwood does not accepts checks at time of delivery. Cash only, or contact billing to open an account.
DELIVERY:
MONDAY THRU FRIDAY, 7:00 a.m. TO 3:00 p.m. (weather permitting)
NO BOTTOM DUMP TRUCKS
ALL LOADS ARE SUBJECT TO SPOT CHECKS USING PORTABLE HYDROCARBON
METER. LOADS OVER REDWOOD'S ACCEPTANCE LIMITS WILL BE TURNED AWAY.
OIL AND GREASE CONTAMINATED SOILS SUBJECT TO SPOT CHECKS USING SOIL
EXTRACTION PROCEDURE. DELIVERIES MAY BE DELAYED UP TO 20 MINUTES.
Redwood reserves all rights concerning acceptance and delivery of PC soils.
Redwood Landfill
Waste Acceptance Criteria
WDR
Title 22 STLC Title 22 TI'LC
Constituent Acceptance (mg/L) (mg/kg)
Limit (rog/L)
Aluminum 10.0 ......
Arsenic 0.25 5.0 500.0
Barium 50.0 100.0 10,000.0
Benzene 0.015 0.5
Beryllium 0.05 0.75 75.0
Cadmium 0.25 1.0 100.0
Chloride - 12,500.0 ......
Chromium, VI 2.5 5.0 500.0
Cobalt 2.5 80.0 8,000.0
Copper 10.0 25.0 2,500.0
Dichloromethane 0.075 ......
Diesel (TPH/ 0.15 ......
Ethylbenzene 0.45 ......
Lead 0.75 5.0 1,000.0
Man~]anese 2.5 ......
MEK 3.0 200.0 ---
Mercury 0.0006 0.2 20.0
Molybdenum 0.5 350.0 3,500.0
Nickel 5.0 20.0 2,000.0
Nitrate 500.0 ......
Nitrite 50.0
PCB's 0.0075 ......
Perchloroethylene (PCE) 0.075 0.7 ---
Phenol 0.075 ......
Selenium 0.5 1.0 100.0
Silver 2.5 5.0 500.0
Styrene 0.15 ......
Sulfate 12,500.0 ......
Thallium 0.1 7.0 700.0
:Toluene 0.6 ......
Trichloroethylene 0.075 204.0 2,040.0
Vanadium 1.0 24.0 2,400.0
Vinyl Chloride 0.03 0.2 ---
Xylenes 0.3 ......
Zinc 100.0 250.0 5,000.0
Asbestos <1% 0.0 ---
Diesel/m~l/k~ll 100.0
Motor Oil (m~)/k~]) 100.0
Gasoline (m~]/k~l/ 50.0
Redwood Landfill Page 1 of 1 WAC
ITEM NO. 7.q
DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUBJECT: AWARD OF BID ON THE PURCHASE OF ELECTRICAL CONTRACTING
SERVICES AT THE UKIAH SPORTS COMPLEX FROM FERRANTI CONSTRUCTION,
INC IN THE AMOUNT OF $10,589.
SUMMARY: The Ukiah Sports Complex is in its last phase of the light renovation project.
The new poles and lights are installed on field #3, and fields #1 and #2 are almost
complete. Staff has coordinated the installation of the new poles and lights on fields #1 and
#2, and is at the last step, which is bringing the wiring up to capacity to support the
increased load of the new lighting. The new lights have increased the load on the wires by
50%, from 1000W per light to 1500W per light thus requiring new wiring and upgrade to the
electrical system.
Requests for bids were sent out to all qualified bidders on the City's list. Responses were
received from four contractors by the bid deadline of April 26, 2007. The following table
provides a summary of all the bids received:
Company Bid
Busch Const. & Electrical No Bid
Ferranti Const. Inc. $10,589
Lawrence Electrical $21,264
Roberts Mechanical & Electric $28,985
Continued On Page 2
RECOMMENDED ACTION: Award of bid for the purchase of electrical contracting
services at the Ukiah Sports Complex from Ferranti Construction, Inc. in the amount
of $10,589.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
FUNDING:
Amount Budgeted
$18,000
Account Number
140.6050.800.005
Additional Funds Requested
N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Sage Sangiacomo, Community/General Services Director, Jake
Burgess, Activities/Sports Coordinator and Maya Simerson,
Community Services Supervisor
Candace Horsley, City Manager and Mary Horger,
Supervisor
N/A
Purchasing
Candace Horsley,
Busch Construction and Electrical declined to bid due to the time constraints and their work
schedule. Ferranti Construction, Inc. came in with the overall Iow bid at $10,589. Ferranti
Construction participated in the mandatory site visit and has indicated that they have a
clear understanding of the project.
With the opening of the softball season rapidly approaching, and the largest amount of
teams (76 teams, and approx 1,200 participants) in the history of the program, staff is
requesting award of bid to Ferranti Construction. Staff has spoken with Ferranti
Construction and they have indicated they will be able to have the work completed by May
14, 2007.
Funding is available in the Parks Development Fund 140.6050.8000.005.
ITEM NO: 9a
DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUB.1ECT:
APPROVAL OF APPLICATION TO DEMOLI'SH A STRUCTURE OVER 50 YEARS OLD
LOCATED AT 144-C CLARA AVENUE
SUMMARY: The owner of the property located at 144-C Clara Avenue has applied for a Demolition
Permit to demolish a second dwelling unit on the site. A primary residential structure exists on the front
of the lot, and the second unit is situated on the rear of the property. It was constructed around 1940,
is in disrepair, and the owner would like to demolish it. 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 April 18, 2007, the City Demolition Permit Review Committee considered the application and
Histor/ca/Profi/e prepared by 3udy 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.
RECOMMENDED ACTION: Conduct a public hearing and approve the Demolition Permit for the
structure located at 144-C Clara Avenue based on the finding the structure does not have historical or
architectural significance.
ALTERNAT[VE COUNCIL POLICY OPT[ON: 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: Property owner Project Sanctuary, ]~nc.
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments:
2.
3.
4.
5.
6.
Demolition Permit Application
Location Map
Historical Profile (Pruden)
Memorandum from David Willoughby, Building Inspector
Ukiah Municipal Code Section 3016
Demolition Permit Review Committee Minutes, Dated April 18, 2007
APPROVED:
Candace Horsley, City Mana~
J. IWIJad ONla'llflg
· aAV ^uv.,nas ooe
~., ~iOd NOIlV311ddV x¢oo
®
® ®
-®
®
665
6Z5
STATE
601
MEMORANDUM
DATE: April 13, 2007
TO: Charley Stump, Director of Planning
FROM: Judy Pruden, Chair
Demolition Permit Review Committee
RE:
144C Clara Avenue - Demo Application
In 1889 Norton Wagenseller converted the majority of his fruit orchard into a
housing subdivision. Many people believed that Ukiah would have a large
economic boom with the arrival of the railroad. Mr. Wagonseller did better than
other speculators because his lots were level, affordable, and conveniently
located near downtown.
The 100 block of Clara Avenue was the first block to sell out. The 144 Clara lot
sold in 1895 and the main house was built in 1899 with a barn on the rear portion
of the property, which could be accessed via the North Clara alley.
According to the tax rolls, the barn is either removed or totally remodeled to a
second living unit in 1940.
Inspection of 144C shows no evidence, of the original barn, but the Sanborn
Maps show an identical footprint. The building is in such poor condition that there
appears to be no salvage or recycling opportunities. The original barn would
have had historical value, but the existing structure does not. It is not a
contributing structure to this historical neighborhood.
Memorandum Re: Demolition Application of 528 North State St. reet March 16, 2006
Page 1
~,
(:': a~4,9
MEMORANDUM
TO:
Demolition Permit Review Committee
FROM:
DATE:
David Willoughby, Building Inspector
March 26, 2007
SUBJECT: 144 C Clara St.
On January 23, 2007 1 performed a site view at the request of Ms. Tindall for Project
Sanctuary. On March 26, 2007 1 reviewed the Demolition Permit application materials.
From the assessors records it appears that this structure was built around 1950 (this is a
second unit built at the back of the lot behind the original dwelling built in 1900). The
condition o£the structure is listed in the letter to Ms. Tindall on January 23, 2007
(attached).
Review of the Ukiah Architectural and Historical Resources Inventory Report showed
that the original house is listed in the California State Inventory but there is no mention of
the second unit at the back of the lot.
ATTACHMENTS:
1. Demolition Permit Application Materials.
January 23, 2007
Mary Tindall
Project Sanctuary
PO Box 450
Ukiah, CA 95482
City of UfCtah
SUBJECT: Special Inspection
PROPERTY ADDRESS: 144 C Clara St.
PURPOSE OF INSPECTION: To determine i£habitable
Dear Ms. Tindall:
This moming I met you at the above address and performed an inspection at your request.
The following are my observations and determination:
1. General dilapidation or improper maintenance.
2. Structural hazards shall include, but not be limited to, the
following:
· Deteriorated or inadequate foundations.
· Defective or deteriorated flooring or floor supports.
Members of ceilings, roofs, ceilings and roof supports, or
other horizontal members which sag, split, or buckle due to
defective material or deterioration.
3. Defective or lack of weather protection for exterior wall
coverings, including lack of paint, or weathering due to lack
of paint or other approved protective covering.
4. Hazardous electrical wiring at the weather head attachment.
5. Hazardous water heater exhaust vent configuration and
penetration through the wall.
6. The water closet appears to have loose and rotted flooring
around the base. This condition is a health hazard.
These items are listed in the California Health and Safety Code Section
17920.3. Until a building permit 2s obtained and the building is
repaired to the satisfaction of the Building Official of the City of
Ukiah, this building is considered substandard and not fit for
habitation.
Sincerely,
David Willoughby
Building Inspector
300 Seminary Avenue, Uldah, CA 95482-5400
Phone 707-463-6200 Fax 707-463-6204 www.cityofukiah.com
.5
3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE:
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.
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.
If subsection B 1 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.
If the Planning Director finds that neither of the exceptions in subsection B1 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
subject property.
E. In reviewing proposed demolition permits, and formulating recommendations to the City
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.
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.
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
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 (180) days in
accordance with the applicable provisions of the Uniform Building Code 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
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 G3b 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.
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
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 J1 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)
DEMOLITION PERMIT REVIEW
COMMITTEE MEETING
April 18, 2007
MEMBERS PRESENT
Charley Stump, Acting Chair
William French
Tim Eriksen
OTHERS PRESENT
None
MEMBERS ABSENT
Judy Pruden, Chair
David Willoughby
STAFF PRESENT
Cathy Elawadly, Recording
The regular meeting of the City of Ukiah Demolition Review was called to order
by Chair Pruden at 11:00 a.m. in the Conference Room 3,300 Seminary Avenue,
Ukiah, California. Roll was taken with the results listed above.
3. APPROVAL OF MINUTES: - N/A
4. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
There was no one from the audience present.
5. APPEAL PROCESS
There is no formal appeal process of decisions made by the Committee.
decisions are advisory to the City Council.
All
6. DEMOLITION PERMIT REVIEW AND RECOMMENDATION~
Application by Project Sanctuary owners of parcel #002-122-11
to demolish building on rear of parcel referred to as unit "C".
Acting Chair Stump stated Chair Pruden's project evaluation notes the
inspection of 144C constructed over 50 years ago shows no evidence of the
original barn even though the Sandborn Map shows an identical footprint.
According to the tax roll, the barn was either removed or totally remodeled to a
second living unit in the 1940. The existing building is in very poor condition and
there appears to be no salvage or recycling opportunities. While the original barn
would have historical significance, the existing structure does not.
The City Building Inspector performed an inspection and documented his findings
in his letter to Mary Tindall dated January 23, 2007. According to his findings, the
building is considered substandard and a hazard and not fit for habitation.
Members French and Eriksen concurred the structure is in very poor condition.
Demolition Permit Review Page 1
April 18, 2007
ON A MOTION by Member Eriksen, seconded by Member French, it was carried
by an all AYE voice vote of the members present to recommend the City Council
approve the issuance of a Demolition Permit for 144C Clara Avenue in
accordance with the provisions of 3016E of UMC that this structure has no
architectural or historical significance.
7. ADJOURNMENT
There being no further business the meeting adjourned at 11:06 a.m.
Charley Stump, Acting Chair
Cathy Elawadly, Recording Secretary
Demolition Permit Review Page 2
April 18, 2007
ITEM NO: 9b
DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUB3ECT:
APPROVAL OF APPLICA'I']ON TO DEMOLISH A STRUCTURE OVER 50 YEARS OLD
LOCATED AT 345 NORTH MAIN STREET
SUMMARY: The owner of the property located at 345 North Main Street has applied for a Demolition
Permit to demolish a small commercial building on the site. it was constructed in 1948, is in disrepair,
and has not been used since it suffered fire damage in the early 1990's. 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 April 11, 2007, the City Demolition Permit Review Committee considered the application and
H/stor/ca/Profi/e 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.
RECOMMENDED ACTION: Conduct a public hearing and approve the Demolition Permit for the
structure located at 345 North Main Street 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: Property owner Brent and Heidi Doyle
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments:
2.
3.
4.
5.
6.
Demolition Permit Application
Location Map
Historical Profile (Pruden)
Memorandum from David Willoughby, Building Tnspector
Ukiah Municipal Code Section 3016
Demolition Permit Review Committee Minutes, Dated April 11, 2007
APPROVED:
MOd NOILV:)nddV .3^v AI:IVNIn::IS 00~
AdO0 l::lO.LO~dSNI
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 6, 1007
Charley Stump, Director of Planning
Judy Pruden, Chair
Demolition Permit Review Committee
345 North Main Street, Application for Demolition
Records indicate that one of earliest owners of these properties, 345-347, was
the Lamb Family. They were early farming pioneers in Mendocino County. They
moved to town in 1904 and bought considerable property in the North Main
Street area, including building the locally famous Lamb's Inn located at 445 North
State Street.
There was no development on the property until after World War II. The land was
leased to Mr. Seitz who probably built the two rentals and small commercial
building on the site. He may have also developed the trailer court next door. The
Sanborn Map shows all permanent buildings as 347, A,B,C.
There has been variety of businesses at 345 North Main including a barbershop,
woodworking shop, knit shop, and a laundromat and possibly other such small
businesses.
The apartments to the rear were removed because of fire damage in 1990.
Some years ago, 345 North Main was also damaged by fire and has not been in
use since then.
This building has no significant architectural features nor business history. There
is no significant cultural-historical context about this property for the City of
Ukiah.
Memorandum Re: Demolition Application of 345 Nodh Main Street
Page 1
April 6, 2007
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Demolition Permit Review Committee
David Willoughby, Building Inspec!~
March 28, 2007
345 N. Main St.
On March 28, 2007 I reviewed the Demolition Permit application materials and
performed a site view. From the assessors records it appears that this structure (listed as a
commercial store in the assessor's records) was built around 1948. According to the
current owners developer, it has been used a launder mat, hardware store, and a wood
working shop. The structure is wood frame construction; stucco sided, with a concrete
slab floor. The condition is poor due to rotted rafter tails, holes in the interior lath or
sheetrock, and fire damage on the East end of the building.
Review of the Ukiah Architectural and Historical Resources Inventory Report showed no .
mention of the property in any category.
ATTACHMENTS:
1. Demolition Permit Application Materials.
3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE:
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.
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:
I. 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 throat to the
public health or safety.
If subsection B 1 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.
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
subject property.
E. In reviewing proposed demolition permits, and formulating recommendations to the City
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.
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.
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
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 soume 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 pem~it an additional one hundred eighty (180) days in
accordance with the applicable provisions of the Uniform Building Code 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
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 G3b 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.
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.
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
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 J1 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)
DEMOLITION PERMIT REVIEW
COMMITTEE MEETING
April 18, 2007
MEMBERS PRESENT
Charley Stump, Acting Chair
William French
Tim Eriksen
OTHERS PRESENT
None
MEMBERS ABSENT
Judy Pruden, Chair
David Willoughby
STAFF PRESENT
Cathy Elawadly, Recording
The regular meeting of the City of Ukiah Demolition Review was called to order
by Chair Pruden at 11:00 a.m. in the Conference Room 3,300 Seminary Avenue,
Ukiah, California. Roll was taken with the results listed above.
3. APPROVAL OF MINUTES: - N/A
4. COMMENTS FROM AUDIENCE ON NON-AGENDAITEMS
There was no one from the audience present.
5. APPEAL PROCESS
There is no formal appeal process of decisions made by the Committee.
decisions are advisory to the City Council.
All
6. DEMOLITION PERMIT REVIEW AND RECOMMENDATIONS
Application by Project Sanctuary owners of parcel #002-122-11
to demolish building on rear of parcel referred to as unit "C".
Acting Chair Stump stated Chair Pruden's project evaluation notes the
inspection of 144C constructed over 50 years ago shows no evidence of the
original barn even though the Sandborn Map shows an identical footprint.
According to the tax roll, the barn was either removed or totally remodeled to a
second living unit in the 1940. The existing building is in very poor condition and
there appears to be no salvage or recycling opportunities. While the original barn
would have historical significance, the existing structure does not.
The City Building Inspector performed an inspection and documented his findings
in his letter to Mary Tindall dated January 23, 2007. According to his findings, the
building is considered substandard and a hazard and not fit for habitation.
Members French and Eriksen concurred the structure is in very poor condition.
Demolition Permit Review Page 1
April 18, 2007
ON A MOTION by Member Eriksen, seconded by Member French, it was carried
by an all AYE voice vote of the members present to recommend the City Council
approve the issuance of a Demolition Permit for 144C Clara Avenue in
accordance with the provisions of 3016E of UMC that this structure has no
architectural or historical significance.
7. ADJOURNMENT
There being no further business the meeting adjourned at 11:06 a.m.
Charley Stump, Acting Chair
Cathy Elawadly, Recording Secretary
Demolition Permit Review Page 2
April 18, 2007
ITEM NO: 9c
DATE: Hay 2, 2007
AGENDA SUHHARY REPORT
SUB3ECT:
APPROVAL OF APPLI'CATi'ON TO DEI~IOLi'SH A STRUCTURE OVER 50 YEARS OLD
LOCATED AT 1325 AIRPORT PARK BOULEVARD
SUHHARY: The owner of the property located at 1325 Airport Park Boulevard has applied for a
Demolition Permit to demolish a single family residence on the property. The structure was originally
built in 1886 and was the ranch house for the old Dutton Ranch. An Addition was added to the structure
in the 1920's, and is currently in very poor condition. The structure is over 50 years old, and therefore,
according to the Ukiah City Code (UCC), the City Council must conduct a public hearing to review and
consider the historical and architectural significance of the structure.
On April 11, 2007, the City Demolition Permit Review Committee considered the application and
Histor/ca/Pro#/e prepared by .]udy Pruden, unanimously found that the criteria in UMC Section 3016(E)
(attachment 4) applied to the original 1886 structure, and accordingly that it is historically significant.
The Committee found that the 121-yeard old original home is one of the last remaining ranch houses
within the City limits, is associated with a prominent Ukiah ranching family, and still retains its original
architectural features. The Committee found the 1920's addition to be dilapidated and lacking
architectural significance, and recommended that a Demolition Permit be issued to remove it from the
original structure.
(continued on page 2)
RECONIqENDED ACItON: 1) Conduct a public hearing; 2) Approve the Demolition Permit for the
:1920's addition to the subject structure; and 3) Find that the original :1886 structure has historical
significance, and stay the issuance of the Demolition Permit for this portion of the structure for 90-days
or until an alternative to demolition is identified.
ALTERNATIVE COUNCIL POLICY OP'~ON: 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: Property owner FYHRCO, Inc. (Agent Gary Ackerstrom)
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City r4anager and David Rapport, City Attorney
Attachments:
2.
3.
4.
5.
6.
Demolition Permit Application
Location Hap
Historical Profile (Pruden)
Memorandum from David Willoughby, Building Tnspector
Ukiah Municipal Code Section 30:16
Demolition Permit Review Committee Minutes, Dated April 11, 2007
APPROVED:
Candace Horsley, City Hanager /
What Happens if the Structure is Historically Significant?
Section 3016(G) of the Ukiah City Code requires the City Council to consider the recommendation of the
Demolition Permit Review Committee and conduct a public hearing to consider any information offered
by the public. The Council must determine, based on the factual information presented, whether the
Historical Significance criteria listed in the Code apply to the building proposed for demolition. If the
Council determines that any of the criteria apply, it must make a finding to that effect, and conclude that
the structure is historically significant.
Recommended Finding: 1. The original 1886 structure is historically significant pursuant to the criteria
listed in Section 3016(E) of the Ukiah City Code because it is the oldest remaining ranch house in the
City limits, it retains the original architectural elements common in the 1880's, and it is associated with
the locally prominent Wallace Dutton Ranch of the late 19~h century.
Does a Viable Market for the Structure Exist?
If the Council makes the finding that the structure is historically significant, the applicant, pursuant to
the Code, has the opportunity to present evidence that a viable market does not exist for the building,
taking into account the condition of the building, the cost to restore it, and the uses allowed on the
property under the zoning ordinance. The applicant has been advised of this Code provision and is
prepared to submit evidence at the Council meeting on May 2, 2007.
l~f the Council determines that a viable market does not exist, the issuance of the Demolition Permit is
stayed for a 90-day period to determine if alternatives to demolition exist or whether funds are available
to preserve or acquire the building. If an acceptable alternative is found anytime within the 90-day
period, the demolition permit can be issued.
Does the California Environmental Quality Act (CEQA) Apply?
If the Council determines that the structure is historically significant, the project is subject to the
requirement of CEQA. During the 90-day period in which the issuance of the permit is stayed, Staff will
prepare an Initial Study and attempt to identify mitigation measures to off-set the impact of demolishing
the historic structure.
The applicant has indicated that he is preparing a plan for carefully dismantling and preserving the
structure on another property. One outside party has expressed interest, but no agreement has been
reached thus far. If a preservation plan is prepared, it may qualify as a reasonable and feasible
mitigation measure.
RECOMMENDATION:
1. Conducta public hearing;
2. Approve the Demolition Permit for the 1920% addition to the subject structure; and
Find that the original 1886 structure has historical significance, and stay the issuance of the
Demolition Permit for this portion of the structure for 90-days or until CEQA is complied with
and a feasible alternative/mitigation to demolition is identified.
· ~
1.01. AV/~AH ~)IH
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 6, 2007
Charley Stump, Director of Planning
Judy Pruden, Chair
Demolition Permit Review Committee
1¢5 Airport Road
In 1886 Wallace N. Dutton and his wife Lou Cox Dutton purchased 140 acres
from Lou's parents, Edward and Nancy Cox who had a contiguous ranch. Tax
rolls from 1887 show improvements on the land. Inspection of the property shows
the home is consistent in style and materials used in the 1880s throughout Ukiah.
The Cox family were pioneers in the Ukiah Valley, in fact Lou (Louisa) was born
here in 1867. Wallace Dutton was the son of the famous Californian, David
Dewey Dutton, who came over the Oregon Trail in 1839 with Peter Lassen and
was part of Bear Flag Party.
The Duttons were prosperous ranchers and by 1909 owned interest in six
agricultural properties and had made numerous improvements on their home
ranch. Wallace lived to 1928 and Lou lived to1944 on their ranch. The operations
of the ranch were taken over by their son Edgar Dutton, who was a prominent
figure in Mendocino County both in civic affairs and in agriculture.
Edgar Dutton died in 1963 leaving a large estate to his wife and heirs. At her,
Eva Thomas Dutton's death in 1976, the property passed to her nephew Cordes
P. Langley. Mr. Langley subdivided the property and the brewing plant is on part
of the Dutton Ranch. The other part was used as the Redwood Coast Lumber
Co. property. Mr. Langley died in 2005.
The 1886 ranch is built of first growth redwood. The home is an excellent
example of vernacular form carpentry. It retains the majority of its original
features. The residential two-story structure has additions including the chimney
from the 1920s. The home is the last ranch house in the City. It's ownership of
120 years by a prominent Ukiah family is important. The intact original
architectural features makes it unique where most buildings that are of this age
have been extensively remodeled. This building has significant architectural and
historical associations to the City of Ukiah.
The best option for this building is to rehabilitate the farm house on site or move
it to another place on the old Dutton Ranch.
Memorandum Re: Demolition Application of 1~5 Airport Road
Page 1 ~
April 6, 2007
MEMORANDUM
TO:
Demolition Permit Review Committee
FROM:
DATE:
David Willoughby, Building Inspector
February 22, 2007
SUBJECT: 1325 Airport Park Blvd.
On February 21, 2007 1 reviewed the Demolition Permit application materials and
performed a site view. There are 3 structures on the property; A SFD, a detached garage,
and a mobile home. I am unable to tell exactly when the house was built, but from the
architecture, construction, and the assessors building record it appears to be turn of the
century to the 1930's. It is supported directly on the ground with no perimeter foundation.
The detached garage appears to have been built at a latter date. It has a perimeter
foundation with a slab. The mobile home was installed at a relatively recent date and has
no historic significance.
The general condition of both the house and garage is poor; rotting timbers, sagging
support members, etc. I was not able to get into the structures to perform an inspection.
Review of the Ukiah Architectural and Historical Resources Inventory Report showed it
was not listed in the inventory of historical places or in properties noted but not listed.
ATTACHMENTS:
1. Demolition Permit Application Materials.
3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE:
The section of the Uniform Building Code, relating to applications for building permks is
modified to require in an application to demolish a building, the date when the building was
first constructed, if known.
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.
If subsection B1 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.
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 Cormnittee, 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 foilowing 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 mall 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
subject property.
E. In reviewing proposed demolition permits, and formulating recommendations to the City
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.
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.
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
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 falls 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 (I 80) days in
accordance with the applicable provisions of the Uniform Building Code 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
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 G3b 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.
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.
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
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 J 1 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)
Chair Pruden stated the only change about the property according to the
Sanborn Map is that records indicate the address for all permanent buildings on
the site was formerly 347 A,B.C.
Member French requested clarification that the proposed structure for demolition
was the former shop building.
Chair Pruden replied 'yes,' and stated this structure has been damaged by fire in
the past and has no historical value. The other structure on the site is a
shed/accessory building that was formerly a wash house. The Sanborn Map
indicates this structure was moved forward at some point in the 1940s. It was
also difficult to track the business history of the structure being proposed for
demolition.
ON A MOTION by Member Stump, seconded by Member Seanor, it was carried
by an all AYE voice vote of the Members present to recommend to the Ukiah City
Council that the Committee does not find the criteria pursuant to Section 3016E
of the UMC applies to the structure at 345 North Main Street, and that this
structure has no architectural or historical significance, and therefore, the
Demolition Permit should be issued.
B. Application by FYHRCO, parcel number 180-110-10 located at
1325 Airport Park Blvd., Ukiah, CA. Demolition of single family
dwelling and mobile home.
Chair Pruden noted the house was built in approximately 1885 and has been in
the Dutton family in one form or another until 2005. The Duttons were prosperous
ranchers and held significant agricultural properties in the Ukiah valley. It is likely
the last remaining ranch house in the City of Ukiah. The home is an excellent
example of vernacular form carpentry and retains the majority of its original
features. The two-story residence has had additions including the chimney from
the 1920s. The structure appears to have significant architectural and historical
association to the City of Ukiah.
Member Stump inquired regarding additions to the structure and its affect on the
overall historical and architectural significance.
Chair Pruden advised there have been modifications to the front and side
porches, and rear portions of the structure, and the remodeled fire place
demonstrates a characteristic 1920s architectural style. The one-story addition
made to the southern rear portion does not exhibit historical value. After Wallace
Dutton died in 1928, the family likely made some alterations to the property.
According to State standards, alterations over the age of 70 years become
"historical." In this case, the alterations made are over 70 years of age so the
even the one-story alterations do not affect the historical integrity.
Demolition Permit Review Page 2
April 11, 2007
Member Stump clarified that his question concerning alterations pertains to
historical significance from an amhitectural standpoint.
Chair Pruden stated the rear alteration was not in keeping with the original style
and architectural features and supports demolition of this one-story addition. She
favors that the two-story portion of the house be retained. A person from Potter
Valley has expressed an interest in relocating and rehabilitating the original two-
story portion of the house on ranch property in Potter Valley. The best scenario
is to keep the old house in its present location on the former Dutton ranch for
historical reasons and the next best solution would be to find a suitable location
and move it.
Chair Pruden confirmed that FYHRCO presently owns the property and that
Gary Akerstrom is a principal in that ownership where the parcel containing the
house was purchased from the City of Ukiah Redevelopment Agency. The City
purchased the property and existing buildings from the Dutton family heirs. The
property has excellent deed history for historical references purposes.
There was discussion about current ownership of the abutting parcels, and it was
noted the Ukiah Redevelopment Agency owns the parcel across the street from
the Mendocino Brewing Company, as well as property to the south of the brewing
company. There was also discussion about the early boundary lines beginning as
early'as 1865 as it pertains to the Yokayo Rancho Lines and later to the Dutton
Ranch and Cox properties.
Chair Pruden reported in 1886 Wallace Dutton and his wife Lou Cox purchased
140 acres from Lou's parents, Edward and Nancy Cox who had a contiguous
ranch. Wallace Dutton was the son of the famous Californian, David Dewey
Dutton, who came over the Oregon Trail in 1939 with Peter Lassen and was part
of the Bear Flag Party. Wallace lived to 1928 and Lou lived to 1944 in the ranch
house. The ranching operations were taken over by their son Edgar Dutton, who
was a very prominent figure in Mendocino County both in civic affairs and in
agriculture. Edgar Dutton died in 1963 leaving a large estate to his wife and
heirs. When Eva Dutton died in 1976, the property passed to Langley/Dutton
heirs and eventually subdivided into parcels that presently are the location of
Mendocino Brewing Company and former Redwood Coast Lumber Company
before being sold to the City of Ukiah Redevelopment Agency.
Gary Akerstrom commented in terms of preserving portions of the structure, the
single story is in very poor condition.
Chair Pruden agreed with Mr. Akerstrom's assessment of the ranch house. The
first preference relative to preservation would be to move the house to another
location on the former Dutton ranch that is now City-owned redevelopment
property to be used as a visitor center, for weddings/special events, and/or other
adaptive uses. As noted above, an interested person from Potter Valley will look
Demolition Permit Review Page 3
April 11, 2007
at the structure this afternoon and whether he desires to relocate the house to a
site in Potter Valley. She briefly explained the physical process for moving a
house having historical value to the community.
Chair Pruden recommends retention of the structure for adaptive reuse
purposes. Since the existing house ran with the land, the owner can allow
someone to take/donate the house for rehabilitation or sell it.
Member Stump reiterated findings must be made to comply with UMC
requirements that the house exhibits special or particular qualities such as being
the oldest and best example of its kind to have historical significance. While he
favors the concept of saving the structure, he questions the historical integrity
because of the many additions that changes the design of the original farm
house.
Chair Pruden stated the single-story add-on was for a kitchen facility because
generally cooking was done in a separate part of the house. The residential two-
story building is in good condition in terms of visibility for rehabilitation. The
single-story could be removed where a majority of the architectural integrity
would still be preserved.
Member French commented when reviewing the two-story section, the box
window is not typical of a ranch-style house and it is a relatively rare architectural
feature for the Ukiah valley since most are bay windows.
Chair Pruden favors a recommendation to deny the proposed demolition permit
be issued because of the factors supporting historical significance relative to the
whole context of the property that includes the architectural integrity of the
building, the original site, and the prominence of the Dutton family.
Member Stump inquired if the add-ons were removed would the end product be
the original farm house.
Chair Pruden replied "yes." The rear add-ons do not demonstrate significance
as a historical resource. On the other hand, the two-story building has important
historical significance where a home for it needs to be found.
ON A MOTION by Member Stump, seconded by Willoughby, it was carried by an
all AYE voice vote of the members present to advise the Ukiah City Council that
the Committee finds the primary structure historically significant pursuant to the
findings in 3016E of the UMC and to recommend the demolition permit not be
issued at this time in order to explore an alternative way of preserving or
relocating the important two-story section of the house and that the demolition of
the addition be allowed to proceed, therefore, freeing up the original structure for
possible relocation.
Demolition Permit Review Page 4
April 11, 2007
Chair Pruden inquired whether Mr. Akerstrom would be willing to possibly
salvage some of the materials from the addition to go with the original structure
so that when the back of the building is taken off there will be materials with
which to work,
Gary Akerstrom would be amendable depending upon how complicated it is to
remove the addition.
It was the consensus of the members to consult with the City Attorney regarding
the issue of the addition possibly being over 70 years old and what legally needs
to occur in this regard relative to salvaging materials to further preserve the
historical integrity of the original building.
David Willoughby stated the City Building Code does allow for the addition to be
removed.
7. ADJOURNMENT
There being no further business the meeting adjourned at 3:04 p.m.
Judy Pruden, Chair
Cathy Elawadly, Transcriptionist
Demolition Permit Review Page 5
April 11,2007
Attachment I
WINZLER & KELLY 40% SUBMITTAl. (24" x 36")
Due to the size of this attachment, it is not posted to the
website. The public copy may be viewed at:
300 Seminary Avenue
Ukiah, CA
ITEM NO: lo~
MEETING DATE: May 2, 2007
AGENDA
SUMMARY REPORT
SUBJECT: REVIEW OF THE 40% DESIGN PLANS FOR THE RE-ALIGNMENT OF
GOBBI STREET AT OAK MANOR DRIVE AND BABCOCK LANE
SUMMARY: Presented for your review and support are the 40% design plans for the
above referenced intersection, as designed by Winzler & Kelly Consulting
Engineers0N&K). Staff is recommending that the Council support the design and direct
staff to continue the design process based on the plans. Portions of the plans are
provided for Council review. The complete set of plans is available in the Engineering
Department for review. Staff had a productive meeting with the Friends of Gibson Creek
(FOGC) and the attached alternative was presented by the group.
BACKGROUND
On January 3, 2007 the City Council awarded the design Winzler & Kelly Consulting
Engineers to prepare plans specifications and estimates for the realignment contract to
project.
Continued on pa.qe 2
RECOMMENDED ACTION: Direct staff to proceed with the re-alignment project
including the original geometry and incorporate elements to the project that are
feasible and economical.
ALTERNATIVE COUNCIL OPTIONS:
alignment project.
Direct staff to stop progress on the re-
FUNDING:
Amount Budqeted
N/A
From Acct No. To Acct. No.
Additional Funds Requested
N/A N/A N/A
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Friend of Gibson Creek, Paths and Open Space Committee
Tim Eriksen, City Engineer and Director of Public Works
Tim Eriksen, City Engineer and Director of Public Works
Candace Horsley, City Manager
1. Winzler & Kelly 40% submittal (24"x36")
2. Alternative alignment as proposed by FOGC
Approved:
Candace Horsley, City~/lanager
Page 2
April 4, 2007
REVIEW OF THE 40% DESIGN PLANS FOR THE RE-ALIGNMENT OF GOBBI STREET AT OAK MANOR
DRIVE AND BABCOCK LANE
PROPOSED PROJECT: The Project is a street re-alignment improvement project and it
involves the re-alignment of Babcock Lane with Oak Manor Drive at Gobbi Street to create
a standard 90 degree intersection with four approaches and pedestrian and bikeway
facilities. To accomplish the project objectives the work will include the construction of two
bottomless box culverts, the re-channelization of Gibson Creek at the intersection, re-
locating conflicting utilities, demolishing existing roadway sections, roadway bridge and the
pedestrian bridge, construction of new street sections with bio swales, curb, gutter,
sidewalk, and ADA curb ramps, right of way acquisition, the construction of temporary
creek crossing or the temporary diversion of the creek, and the restoration of the creek
after the construction.
PROJECT FUNDING AND EXPENSES: The project has been funded since the 2002
State Transportation Improvement Program (STIP) in the amount of $458,000. This was
augmented with the 2006 STIP of $264,000. The City has also contributed $91,900 out of
the general fund, to the project for the design consultant which was not included in the
STIP financing. The total value of the project to the City is $813,900.
FRIENDS OF GIBSON CREEK MEETING: On March 7, 2007 staff met with the FOGC.
The meeting was an open exchange of ideas and concerns with regard to this re-alignment
project. The ultimate re-alignment concept that was presented by the group is attached to
this staff report. Items of concerns were from two major categories.
One category of concern is related to water quality. Many of the concepts that the FOGC
proposed are being analyzed for incorporation to these plans for the next submittal by staff
and the design consultant. Staff feels that these concepts such as bottomless culverts, bio
swales, and natural walking areas will make this a better community project.
The second category of concern had to do with the geometry of the realignment. This is
specifically shown in attachment 2. Staff does not believe that this diagram meets the
intent of the realignment project. Staff is concerned that CTC will not support this extreme
change to the original application as it does not meet the original intent which was to
create a standard 90 degree intersection with four approaches and pedestrian and
bikeway facilities.
PROJECT SUPPORT:
Funding requests for the Project began in 2000 under the Safe Routes to School Grant
Program and the Project has received written support from former State Senator Wesley
Chesbro, the Oak Manor Parent Teacher Organization, the Ukiah Unified School District,
Oak Manor Elementary School, the Mendocino Council of Government Executive Director,
the Ukiah Police Department, and former Council Member Kathy Libby.
Maps too large to scan.
Please see the packet file.
AGENDA SUMMARY
ITEM NO: 10b
DATE: May 2, 2007
REPORT
SUBJECT:
STATUS REPORT CONCERNTNG THE MENTON PRO.1ECT ON APPLE AVENUE AND
FORMAL EXTENSION OF TZMEFRAME FOR USE OF PUBLZC BENEFZI' FUNDS
SUMMARY: This Agenda Item is intended to provide the Council with a Status Report concerning the
Menton 12-unit townhouse project on Apple Avenue, and to recommend formally extending the
timeframe for the Project's use of public benefit funds (solar voltaics) to coincide with the life of the
approved planned development entitlement.
Project Status: Mr. Menton's project was approved by the City Council on May 17, 2006. A discussion
with Mr. Menton on April 24, 2007 revealed that he is actively pursuing investors for the project and that
the recent downturn in the building economy has slowed his progress over the past year. He mentioned
that he recently opened discussions with two different interested parties that were exploring partnership
possibilities. Both parties are highly interested in utilized solar voltaics in the project as originally
proposed and approved.
The Rocha project on the adjacent property to the east that was reviewed and approved with the
Menton project has been offered for sale by the property owner. The Rural Communities Housing
Development Corporation is exploring possible purchase of the Rocha project/property, but no sale has
been finalized. This project did not receive public benefit funding for solar voltaics - the funding was
limited to the Menton project.
(continued on page 2)
RECOMMENDED ACTION: Receive report and consider formally extending the timeframe for
the project's use of the solar voltaic public benefit funding to coincide with the 3une 16,
2009 life of the approved planned development entitlement
ALTERNATIVE COUNCIL POLTCY OPTION: Do not extend the timeframe and provide direction to
Staff.
Citizen Advised: Mr. Menton
Requested by: City Manager
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments: None
APPROVED:
Candace Horsley, City Manage~
Timeframe for use of the Funds: Tn December of 2006, the Council discussed and provided
direction to Staff concerning the deadlines for using the funds. Tt decided that if the funds were not
used within one year of the date they were granted, they would be rescinded unless an extension was
granted for good cause. The Council awarded the funds for the Nlenton project on May :10, 2006.
In .]anuary of 2007, Mr. Menton inquired about extending the timeframe for use of the funds to coincide
with the life of the planned development entitlement. He indicated that he was still pursuing the project
and that a number of factors were slowing his progress. Staff indicated that linking the public benefit
funding to the timeframe of the planned development seemed reasonable provided that the applicant
was actively pursuing the project. Based on our discussion with Mr. Menton, Staff is able to conclude
that he is actively pursuing the project.
Life of the Planned Development Entitlement: As indicated above, the City Council formally
adopted the I~lenton Planned Development Ordinance on May 17, 2006. [t became officially effective 30-
days later on June 16, 2006. Pursuant to the Ukiah City Code, Planned Development projects expire
after three years from the date of approval if construction has not occurred. Linking the timeframe for
using the funds to the life of the Menton planned development entitlement would extend the deadline to
3une 16, 2009.
RECOI~tI~tENDAT~ON: Receive report and formally extend the timeframe for use of the Apple Avenue
I~lenton project solar voltaic Public Benefit funds to coincide with the life of the planned development
entitlement.
AGENDA
ITEM NO: 10c
MEETING DATE: May 2, 2007
SUMMARY REPORT
SUBJECT: Review of Requested Changes to, and Adoption of the Ukiah Fire
Department Master Plan.
Background: At its October 5, 2005 meeting, the City Council approved the award of a contract to
Emergency Services Consulting Inc. for the purpose of developing a Fire Department Master Plan.
After significant research, and a number of local interviews, the consultant prepared a draft
document that was presented to the Council and public at a public workshop held on July 20, 2006.
From that workshop a list of clarifications/corrections was generated for inclusion in a subsequent
draft. That draft was received by the City in October of 2006. In November 2006 the City hired an
interim fire chief who was asked by the city manager to review the master pran, provide comments
and work with the consultant to prepare the final version.
Summary; The Fire Department Master Plan is intended to be a planning tool to assist the fire
department and policy makers in addressing current issues facing the fire department and to
identify issues and provide direction for policy decisions affecting the future of fire protection within
the City and the surrounding Ukiah Valley.
Continued on pa.qe 2
RECOMMENDED ACTION: Adoption of the Revised Ukiah Fire Department Master
Plan
ALTERNATIVE COUNCIL OPTIONS: Refer back to staff for further revision
FUNDING:
Amount Budqeted From Acct No. To Acct. No. Additional Funds Requested
Funding issues will be addressed with the implementation of each specific
recommendation
Requested by:
Prepared by:
Coordinated with:
Attachments:
Tony Clarabut, Fire Chief
Candace Horsley, City manager
1: Ukiah Fire Department Master Plan
2: Listing of Council requested revisions
3. Listing of Fire Chief Requested revisions
Approved:
Candace Horsley, Ci~x,~Manager
Page 2
Review of Requested Changes to, and Adoption of the Ukiah Fire Department
May 2, 2007
The master planning effort resulted in eleven shod term and five long term recommendations. A
few of the recommendations are project based and address current issues facing the fire
department such as automating the Fire Prevention Bureau for efficiency purposes. But the bulk of
the recommendations have to do with significant policy decisions affecting the long term provision
of fire and emergency medical services. Examples of this type of recommendation are; formally
adopting levels of service and re-establishing the Ukiah Valley Regional Fire System. Each of the
16 recommendations has been previously discussed with the City Council at the July workshop.
That discussion resulted in a number of requests for minor changes to the document. Those
changes have been made (Attachment B). In addition to those changes, as a result of the review
by Chief Clarabut several other changes are recommended (Attachment C), the most significant
being a recommendation having to do with the retention of career firefighters.
The adoption of this plan and its recommendations by the City Council will allow it to serve as a
starting point for future policy discussions and decisions and does not obligate the Council to any
specific recommendation in its current form. Most of the recommendations will be individually
brought back to the Council for more specific implementation discussions and ultimately approval,
modification or denial.
Attachment 1
UKIAH FIRE DEPARTMENT MASTER PLAN
Due to the volume of this attachment, it is not
posted to the website. The public copy may be
viewed at the office of the City Clerk:
300 Seminary Avenue
Ukiah, CA
707/463-6213
Aftochmenf #
Attachment to Master Plan Workshop Minutes of 7/20/2006
Suggested corrections and/or clarifications
PAGE # COMMENT RESOLUTION
10, Change "Establish an acceptable level of service" Phrase will be changed in the
4~ bullet to Master Plan (MP)
UEstablish a definition of acceptable level of
11, The word "new", what is meant? Answer: Each N/A
line 2 year you expect a department to have incremental
improvement in performance - continuing process
of renewal.
14, "review by client" please define. Answer: The Final document will be
Object 5 Client is the City of Ukiah presented after this review
42 "(3,000 gallons per minute)" - should be 3,500 Will correct this typo in the
MP
43, 35' or greater - is this correct? This is an estimate
line 9
44, "lesser" - this should state ~greater" Will correct this typo in the
Distribution MP
47 "lower classification" - should it state "higher" - Wording will be changed in
3"~ line I Answer: them is not difference if it is anything MP
other than 4. It should state %wer number"
53, "Airport Blvd." - should it be Hastings Road? - Wording will be changed in
line 3 Answer: City Manager Horsley said Airport Road MP
is the correct wording
73-77 Would like years on these tables Will clarify this in the final MP
107, Benefit that is "unfounded" - should be ~unfunded" Will correct typo in final MP
bottom
168 ~Reinstitute Pre-Fire Program" - Could this This section will be expanded
description be broadened? Would like this portion in the final MP
expanded.
171 ~Over Hires" - Depth of personnel - more depth in This section will be expanded
3ersonnel - would like suggestions/process in and suggestions included in
~mplementation final MP
Attachment 3
Recommended Changes to the Ukiah Fire Department Master Plan
4/25/07
1. Pg. 57
May 2, 1994. Removed reference to the agreement not being signed
by Ukiab Ambulance. The agreement was signed and the City has a
copy.
2. Pg. 76
The original response time date was in error and the correct
information has been substituted.
3- Pg. 115
The last sentence of the second paragraph stated that the
ambulance operations did not contribute to the cost of operating
the dispatch center. Under the new ambulance rate calculation
formulas there is a provision for contributing ambulance revenue
funds to support dispatch operations.
4. Pg. 118
In the third paragraph addressing the relationship with the private
ambulance provider the response has been changed to state the
need for cooperation and respect between entities in order to
provide the most efficient services to the public.
5. Pg. 129
The Plan originally contained a reference to the wrong ambulance
rate resolution and the wrong rate schedule. The 9005 rates were
substituted.
6. Pg. 131
The most recent Council approved apparatus replacement plan was
substituted for a prior version.
7. Pg. 6 & 173 Recommendation #9 was modified to include recruitment and
retention of career firefighters in addition to volunteer firefighters.
AGENDA
ITEM NO: I r)d
MEETING DATE: May 2, 2007
SUMMARY REPORT
SUB.1ECT: ZNTRODUCTZON OF ORDTNANCE PROH[BZT1'NG MEDZCAL
MARZ.lUANA DI'SPENSARI'ES 1'N THE Ci'TY OF UKI'AH
SUMMARY: At its April 18, 2007, meeting, the City Council directed staff to prepare an
ordinance prohibiting marijuana dispensaries in the City. As expressed by individual council
members at that meeting, the reasons for providing this direction included (1) the
unresolved conflict between the federal Controlled Substances Act (CSA) and the California
laws providing some limited protection for "qualified patients" and "primary caregivers" to
use marijuana to treat serious medical conditions; (2) uncertainties even under applicable
state law concerning medical marijuana dispensaries; and (3) the absence of a proposal for
operating a medical marijuana dispensary that would comply with state and federal law and
avoid the secondary impacts from medical marijuana dispensaries which have been
experienced in other communities where they have operated. (See the findings in the
proposed ordinance attached as Attachment 1.)
The City Attorney indicated at the City Council meeting that an ordinance prohibiting such
dispensaries would either go to the planning commission and the City Council, if that were
required under provisions in the California Government Code governing the amendment of
zoning ordinances or come directly back to the City Council, if those procedures were not
required.
Continued on page 2
RECOMMENDED ACTION: Approve a motion to introduce the ordinance by title only
and a second motion to introduce the ordinance.
ALTERNATIVE COUNCIL POLTCY oP'rIONS: Revise the ordinance before introducing it.
Requested by: City Council
Prepared by: David Rapport, City Attorney
Coordinated with: N/A
Attachments: 1. Proposed Ordinance Prohibiting Medical Marijuana Dispensaries
Approved: Candace Horsley, ~ty Manager
Page 2
Introduction of Ordinance Prohibiting Medical Marijuana Dispensaries in the City of Ukiah
May 2, 2007
Under Government Code § 65853, an amendment to a zoning ordinance, which amendment
changes any property from one zone to another or imposes any regulation
listed in Government Code Section 65850, shall be adopted in accordance with the
procedures specified in Government Code §§ 65854 to 65857. These procedures include
noticed public hearings before both the planning commission and the City Council. Any
other amendment to a zoning ordinance may be adopted as other ordinances are adopted,
which means they can be introduced and adopted by the City Council without first being
considered by the planning commission and without the requirement of noticed public
hearings.
Government Code Section 65850 includes the following types of regulation that could
potentially apply to an ordinance prohibiting marijuana dispensaries in the City: the
regulation of the" . . . use of buildings, structures, and land as ~tween industry,
business, residences, open space, including agriculture, recreation, enjoyment of scenic
beauty, use of natural resources, and other purposes." (Emphasis added.)
In the opinion of the City Attorney an ordinance prohibiting the use of medical marijuana
dispensaries anywhere within the City does not involve the regulation of the use of
buildings, structures, and land "as between" industry, business, residences and open space.
]~t simply prohibits an activity within the City and, for that reason, may be adopted as other
ordinances are adopted within the City.
The proposed ordinance attached as Attachment 1, defines medical marijuana dispensaries
and prohibits them within the City, unless the City Council amends the ordinance in the
future to accommodate a specific proposal for a medical marijuana dispensary that will
comply with state and federal law and avoid adverse secondary impacts to public health,
safety and welfare. The ordinance prohibits any city official from issuing any required
permit or license to a medical marijuana dispensary,
declares the establishment of a medical marijuana dispensary in the City a public nuisance
which the City Attorney is authorized to abate by appropriate legal action, and makes it a
misdemeanor to violate the ordinance, unless a criminal penalty is prohibited by state law.
The ordinance defines medical marijuana dispensary as . . . any facility or location,
whether fixed or mobile, established or used for the purpose of providing, selling, making
available or distributing marijuana to two or more primary caregivers, qualified patients or
persons with identification cards." (Attachment 1, p.3, §5701.A.) The ordinance exempts
certain uses from the prohibition, including licensed health clinics and certain licensed
health care facilities. It also exempts a private residence where the marijuana is provided
to qualified patients who reside at that location.
The staff recommends that the City Council authorize the introduction of the ordinance by
title only and introduce the ordinance.
Attachment 1.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADOPTING CHAPTER 8 IN DIVISION 6 OF THE
UKIAH CITY CODE, ENTITLED: "MEDICAL MARI3UANA
DISPENSARIES."
The City Council of the City of Ukiah hereby ordains as follows:
SECT[ON ONE.
Chapter 8 is hereby added to Division 6 of the Ukiah City Code to read as
follows:
Chapter 8
Medical Marijuana Dispensaries
§ 5700: FINDINGS AND PURPOSE:
A. In enacting this Chapter, the City Council finds as follows:
1. In 1970, Congress enacted the Controlled Substances Act (CSA) which, among
other things, makes it illegal to import, manufacture, distribute, possess or use
marijuana in the United States.
2. In 1996, the voters of the State of California approved Proposition 215 (the "ACt"
(codified as Health and Safety (H&S) Code section 11362.5 et. seq.).
3. The Act creates a limited exception from criminal liability for seriously ill persons
who are in need of medical marijuana for specified medical purposes and who obtain
and use medical marijuana under limited, specified circumstances.
4. On January 1, 2004, SB 420 went into effect. SB 420, known as the "Medical
Marijuana Program" (codified as HSuS Code sections 11362.7-11362.83) CMMP'') was
enacted by the state Legislature to clarify the scope of the Act and to allow cities
and other governing bodies to adopt and enforce rules and regulations consistent
with SB 420.
5. The Act expressly anticipates the enactment of additional local legislation. It
provides: "Nothing in this section shall be construed to supersede legislation
prohibiting persons from engaging in conduct that endangers others, nor to condone
the diversion of marijuana for non-medical purposes." Health and Safety Code §
11362.5.
6. The City Council takes legislative notice, based on the materials presented to the
Council during the legislative process leading to the enactment of this Chapter, of
the fact that several California cities and counties which have permitted the
establishment of medical marijuana dispensaries have experienced serious adverse
impacts associated with and resulting from such dispensaries. According to these
communities, according to news stories widely reported, and according to the
California Police Chief's Association, medical marijuana dispensaries have resulted in
and/or caused an increase in crime, including burglaries, robberies, violence, illegal
sales of marijuana to, and use of marijuana by, minors and other persons without
medical need in the areas immediately surrounding such medical marijuana
dispensaries. The City of Ukiah reasonably could anticipate experiencing similar
adverse impacts and effects.
7. The City Council further takes legislative notice that as of January 2006, at least
56 cities and six counties in California have adopted moratoria or interim ordinances
prohibiting medical marijuana dispensaries. According to a 2006 survey of city
attorneys, 40 cities have adopted permanent ordinances prohibiting medical
marijuana dispensaries.
8. The Drug Enforcement Agency ("DEA'~, the federal agency charged with
enforcing the CSA, has expressed its view that state medical marijuana laws like
Proposition 215 and the MIVlp impede its ability to enforce the CSA; have "caused
conflict and confusion among the law enforcement community;" are "viewed as
jeopardizing the historical cooperation between federal, state, and local drug
enforcement officials;" and "undercut enforcement of the Controlled Substances
ACt."
9. The City Council further takes legislative notice that concerns about non-medical
marijuana use arising in connection with Proposition 215 and the MMP also have
been recognized by state and federal courts. See, e.g., People ex re/. Lungren v.
Peron, 59 CaI.App.4th 1383, 1386-1387 (1997); Gonza/es v. Raich, :~25 S.Ct. 2195,
2214 n.43 (2005).
10. The City Council further takes legislative notice that the use, possession,
distribution and sale of marijuana remain illegal under the CSA; that the federal
courts have recognized that despite California's Act and MIvlp, marijuana is deemed
to have no accepted medical use (Gonza/es v. Raich, 125 S. Ct. 2:[95; United States
v. Oak/and Cannabis Buyers' Cooperative, 532 U.S. 483 (2001)); that medical
necessity has been ruled not to be a defense to prosecution under the CSA (United
States v. Oak/and Cannabis Buyers' Cooperative, 532 U.S. 483); and that the federal
government properly may enforce the CSA despite the ACt and MMP. (Gonza/es v.
Raich, 125 S. Ct. 2195.)
1:~. The City Council further takes legislative notice that in 21 U.S.C. §901, the CSA
states:
2
No provision of this title [the CSA] shall be construed as
indicating an intent on the part of the Congress to occupy the
field in which that provision operates, including criminal
penalties, to the exclusion of any State law on the same
subject matter which would otherwise be within the authority
of the State, unless there is a positive conflict between
that provision of this title and that State. (Emphasis
added.)
Whether the HHP positively conflicts with the CSA is an issue pending in the Court
of Appeal in County of San Diego' et al. v. San Diego/VORIYL et a/., and may be
addressed by the Attorney General in response to questions posed by State Senator
Sheila .lames Kuehl.
Moreover, neither the Act nor the MMP expressly entitles any person to establish a
business which sells marijuana to another person. It is not clear how a marijuana
dispensary could be organized that would comply with state law as well as federal
law.
12. In order to address these and other community concerns regarding the
establishment of medical marijuana dispensaries and the legal uncertainty
concerning the operation of such dispensaries, the City Council has determined that
such dispensaries should be prohibited to prevent potential adverse secondary
impacts within the City, to await further clarification regarding the legality of such
facilities under state and federal law, and to see whether a facility could be proposed
which would both comply with state and federal law and operate without
jeopardizing the health, safety and welfare of City residents.
:t3. Allowing medical marijuana dispensaries and issuing permits or other
entitlements providing for the establishment and/or operation of medical marijuana
dispensaries, prior to the clarification of the law and to the development of a specific
proposal for operating such a facility, poses a threat to the public health, safety and
welfare.
14. An ordinance prohibiting medical marijuana dispensaries, and prohibiting the
issuance of any permits, licenses and entitlements for medical marijuana
dispensaries, is necessary and appropriate to maintain and protect the public health,
safety and welfare of the citizens of Ukiah pending these further developments.
B. The purpose of this Chapter is to prohibit the operation and location of medical
marijuana dispensaries in the City of Ukiah, until such time as their legality is clearly
established and a proposal can be developed that would satisfy the City Council that
the facility could operate without causing the secondary impacts described above.
§5701. DEFI'NI"I-~ONS AND EXCEPTIONS:
A. For the purposes of this chapter, "medical marijuana dispensary" means any
facility or location, whether fixed or mobile, established or used for the purpose of
providing, selling, making available or distributing marijuana to two or more primary
caregivers, qualified patients or persons with identification cards.
B. For the purposes of this chapter, the terms "primary caregiver,' "qualified
patient," and "person with an identification card" shall be as defined in Cal. Health
and Safety Code Section 11362.7.
C. For purposes of this Chapter, a "medical marijuana dispensary" shall not include
the following uses, provided that the location of such uses are otherwise regulated
by applicable law, and further provided any such use complies strictly with applicable
law including, but not limited to, Health and Safety Code Section 11362.5 et. seq.:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and
Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.1 of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly, licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
6. A private residence where the marijuana is provided to qualified patients who
reside at that location.
7. The cultivation of marijuana in compliance with Ukiah City Code Section 9254.
§5702: MEDTCAL t-'IAR1~3UANA DI'SPENSARZES PROHt'BZTED:
A. Medical marijuana dispensaries are prohibited in the City of Ukiah, unless or until
this Chapter is amended by an ordinance adopted by the City Council. No medical
marijuana dispensary shall operate, locate or otherwise be permitted within the City
of Ukiah until such amendments are adopted by the City Council and become
effective.
B. No officer or employee of the City shall issue, approve or grant any permit,
license or other entitlement for the establishment or operation of a medical
marijuana dispensary or which would permit the operation of a medical marijuana
dispensary.
4
§5703: REMED:[ES:
A. It shall be unlawful and a violation of this ordinance for a medical marijuana
dispensary to be located or operated in violation of this Chapter. Any such
dispensary is hereby declared a public nuisance and the City Attorney is authorized
to prosecute an appropriate action to enjoin the violation and abate the nuisance.
B. It shall be unlawful and constitute a misdemeanor for any person to violate the
provisions of this Chapter, punishable by a fine of not more than $1,000 or
imprisonment in the county jail for a period of not more than six months or both.
This penalty shall not apply, if prohibited by state law.
C. The remedy provided herein is in addition to any other remedy available at law
or in equity, whether civil or criminal, for any violation of this Chapter or engaging in
activity requiring a City license or permit, including, without limitation, a business
license or building permit, without first obtaining such permit or license.
SECixON 2. SEVERABZLZTY.
]~f any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the
application of such part or provision to other persons or circumstances shall not be
affected thereby and shall continue in full force and effect. To this end, the
provisions of this ordinance are severable. The City Council hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held
unconstitutional, invalid or unenforceable.
SECTZON 3. CE(~A.
This ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to §§ 15060 (c)(2) (the activity will not result in a direct or reasonable
foreseeable indirect physical change in the environment) and 15060 (c)(3) the
activity is not a project as defined in § 15378 of the CEQA Guidelines ('ritle 14,
Chapter 3 of the California Code of Regulations) because it has no potential for
resulting in physical change to the environment, directly or indirectly; it prevents
changes in the environment.
SECT[ON 4. EFFECTIVE DATE AND PUBLZCA'r[ON.
This Ordinance shall be in full force and effect thirty days from and after its passage.
Within fifteen days after its adoption, this Ordinance shall be published once in a
newspaper of general circulation in the in the City of Ukiah.
Introduced by title only on
,2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
A BSTAI N:
Adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
2007 by the following roll call vote:
Mari Rodin, Mayor
A'I-I'EST:
Gail Petersen, City Clerk
6
ITEM NO: 10e
MEETING DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUBJECT:
ADOPT ORDINANCE AMENDING UKIAH CITY CODE SECTIONS 1151
AND 1152, GOVERNING THE APPOINTMENT AND TERM OF OFFICE
OF UKIAH PLANNING COMMISSIONERS
SUMMARY: At its meeting on April 18, 2007, the City Council introduced an ordinance
amending Ukiah City Code Sections 1151 and 1152, allowing Ukiah planning
commissioners to serve for four year terms, even if the city council member who
appointed the commissioner does not complete his or her full four year term Of office.
Because the vote to introduce the ordinance was not unanimous, this item has been
placed on the agenda as unfinished business.
RECOMMENDED ACTION: Adopt the ordinance.
ALTERNATIVE COUNCIL POLICY OPTIONS: The City Council could revise the
ordinance in which even it would be brought back at the next City Council meeting for
adoption, or the council could simply vote against the adoption of the ordinance.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
David J. Rapport, City Attorney
City Clerk, City Manager
Attachment 1- Ordinance amending UCC §§ 1151 & 1152
Approved:
Candace Horsle~nager
Attachment I
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING UKIAH CITY CODE SECTIONS 1151 AND 1152,
PERTAINING TO THE APPOINTMENT AND TERM OF OFFICE
OF UKIAH PLANNING COMMISSIONERS
The City Council of the City of Ukiah hereby ordains as follows:
Ukiah City Code Sections 1151 and 1152, being part of Division 1,
Chapter 4, Article 4, of the Ukiah City Code, are hereby amended to read as
follows.
§1151: MEMBERS; APPOINTMENT:
Said commission shall consist of five (5) members who shall be registered voters
of the city. At or near the beginning of his or her four year term of office, each
member of the City Council may nominate one commissioner who shall be
appointed to the commission, if approved by a majority vote of the City Council.
Each commissioner's term of office shall coincide with the four year term of office
of the City Council member who nominated him or her, regardless of whether
that City Council member serves his or her full four year term.
If a commissioner vacates his or her office before the expiration of his or her term
of office, the City Council member who nominated that commissioner (or a City
Council member elected or appointed to fill the remaining unexpired term of
office of the City Council member who appointed the commissioner) may
nominate a replacement to serve the remainder of that commissioner's term of
office, who shall be appointed, if the nomination is approved by a majority vote of
the City Council.
If a City Council member's nomination receives less than a majority vote, he or
she may nominate additional candidates, one at a time, until one of them is
appointed by a majority vote of the City Council. Commissioners shall be
nominated and voted upon at a single City Council meeting, unless a different
procedure is approved by a majority vote of the City Council. If a City Council
member fails to nominate a commissioner within sixty (60) days after the vacancy
occurs, a majority of the City Council shall fill the vacancy following the
3rocedure used to appoint members to other city commissions and boards.
1152: TERMS OF MEMBERS:
A commissioner's term of office shall coincide with the four year term of the city
council member who appointed that commissioner, regardless of whether that
City Council member serves the full four years of his or her term of office.
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on April 18; 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember Thomas, Crane, McCowen, and Mayor Rodin
Councilmember Baldwin
None
None
Passed and adopted on
AYES:
NOES:
ABSENT:
ABSTAI N:
,2007, by the following vote:
Mari Rodin, Mayor
ATTEST:
Linda Brown, Deputy City Clerk
ITEM NO. 11a
DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION OF GOLF COURSE AND SPORT COMPLEX
IRRIGATION ALTERNATIVES.
At the April 18, 2007 meeting, Council discussed the City of Ukiah's water conservation
programs. While actual water availability to our valley is yet to be determined, Council
concluded that water conservation education and voluntary conservation practices for this
summer were warranted. Also discussed were possible demand management measures
including alternative water sources for the City's Golf Course and Sports Complex that if
implemented could alleviate some pressure on the water system.
Alternative Golf Course Irrigation
The major increase in water use during the summer is for irrigation. From May through
September 2006, the top five water consumers accounted for 21.4% [1,056,646 gallons
per day (gpd)] of the total water used. The City is the #1 consumer of water during the
summer months with the Golf Course utilizing approximately 76,625 gpd. For the past
three years, the City has implemented a mandatory rationing order for City facilities which
has resulted in severe consequences for the operation of the course. Under water of the
course has resulted in severe browning and playability which in turn has potentially had a
negative impact on the number of rounds played and revenue.
Continued on Parle 2
RECOMMENDED ACTION: Review and consider Golf Course and Sport Complex
irrigation alternatives and provide direction to staff to proceed with a request for bids.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: N/A
Prepared by: Sage Sangiacomo, Community/General Services Director and Ann
Burck, Water Utilities Project Engineer
Coordinated with: Candace Horsley, City Manager
Attachments: N/A
APPROVED:
Candace Horsley, City M~,~ager
As an alternative, the Community Services Department and Public Utilities have been
investigating the use of an old cistern on the golf course for irrigation. The cistern,
located on the back nine near the the 11TM tee, is brick-lined, 9 feet in diameter and
approximately 28.5 feet deep. Martin Steinpress, certified hydrogeologist with Brown
and Caldwell, based upon cistern pumping tests done by City staff, a site visit, and the
Ukiah Valley aquifer characteristics, believes that there is adequate water to irrigate the
entire golf course. In his opinion, the cistern is not deep enough and the recovery rate
is not high enough, due to the inefficiency of the brick lining, to justify the expense of
developing the cistern to irrigate a small portion of the golf course. However, he
believes that the development of 3 to 4 vertical wells at the site would be sufficient to
meet the irrigation demand for the Course.
Mr. Steinpress gave an informal cost estimate of $$0,000 to drill 3 test wells and
$70,000 for well development. Based upon the 5-month water cost of $19,000, the
payback on the investment would be approximately 5 to 6 years. Any additional water
purchased for irrigation throughout the remainder of the year would, of course, reduce
the payback period.
Alternative Sport Complex Irrigation
Staff has also been investigating using Well2/6 to irrigate the adjacent Sports Complex
adjacent to Highway 101. The State Department of Health Services (DHS) has
removed this well from our system because it was offline for longer than 1 year. The
well could be recertified, but it yields 50 gpm and has no seall In addition to a new
pump and motor, DHS recertification would require the well to be rebored and a 30 foot
seal installed in a 37 foot deep well. Alternatively, if Well 2/6 were used for irrigation of
the Sports Complex, only a new pump and motor would be required at an estimated
cost of $20,000 compared to at least $50,000 to use the well in the water distribution
system.
Irrigation of municipal features (ballparks, golf courses, parks, greenbelts, etc.) is
allowed under the "municipal" purpose of use under the City's water right permit, and is
not considered to be "irrigation" as viewed by the State Water Board.
The Complex uses approximately 28,000 gpd during the summer months. Well 2/6 is
capable of meeting the demand of the facility, and based upon the 5-month water cost
of $7,000, the payback on investment would be approximately 3 years.
Conclusion
In addition to the relative quick payback on investment, implementation of the two
alternatives would have a demand management savings of approximately 104,625
gallons per day on the City's water system during the peak summer months. If Council
finds these alternatives to be valid, staff will proceed with the request for bid process.
2
]TEN NO. llb
DATE: May 2, 2007
AGENDA SUMMARY REPORT
SUB.1ECT: DI'SCUSS1'ON AND POSSI'BLE DECI'SI'ON REGARDING SEWER
LATERAL I'NSPECTI'ON AND REPAI'R REQUt'REMENT I'N R_rVER WATCH V,
UI(IAH CONSENT DECREE
SUMMARY: At its meeting on April 18, 2007, the City Council instructed staff through
the City's special legal counsel Rick Jarvis to negotiate a possible revision to the
consent decree in Northern California River Watch v. City of Ukiah, Ukiah Valley
Sanitation District ("River Watch"), United States District Court, Northern District of
California, Case No. C04 4518 CW.
The City and the Ukiah Valley Sanitation District have adopted ordinances and policies
to implement a point of sale sewer later inspection and repair program as required by
the consent decree. The City and the District are also exploring alternatives to a point
of sale program. An attorney for River Watch who attended a meeting of interest parties
working on the sewer lateral inspection and repair program expressed a willingness to
give the City and District time to consider alternatives to the point of sale program and
to suspend compliance with the consent decree for a reasonable time, while they
explored those alternatives.
Mr. Jarvis has negotiated the terms of such an agreement with legal counsel for River
Watch. The terms are discussed in a separate report prepared for the closed session
item on the City Council's agenda. Staff recommends considering the proposal in
closed session to receive advice from legal counsel and then engaging in additional
discussion and decision-making in open session.
RECOMMENDED ACTION: Consider and instruct staff regarding agreement with River
Watch
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Requested by: City Council
Prepared by: David J. Rapport, City Attorney
Coordinated with: N/A
Attachments: N/A
APPROVED:
Candace Ho!sley, City Manag~