THE TODD GROVE PARK 40 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date .
Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________
THE TODD GROVE PARK 41 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on January 27, 2023, for THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION.
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________
THE TODD GROVE PARK 42 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
THE TODD GROVE PARK 43 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
Specification No. 23-03
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within Sixty (60) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer
THE TODD GROVE PARK 44 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
THE TODD GROVE PARK 45 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor.
THE TODD GROVE PARK 46 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________
CITY ATTORNEY, CITY OF UKIAH
THE TODD GROVE PARK 47 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
THE TODD GROVE PARK 48 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work
THE TODD GROVE PARK 49 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
THE TODD GROVE PARK Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California) 50
THE TODD GROVE PARK 51 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.
THE TODD GROVE PARK 52 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.
THE TODD GROVE PARK 53 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.
THE TODD GROVE PARK 54 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
_________________________________________________(Seal) BY:______________________________________________(Seal) _________________________________________________(Seal) Surety
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APPENDIX A
TODD GROVE BBQ AREA LAYOUT
CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482
AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG
TODD GROVE PARK
BBQ AREA REHABILITATION
0 5 10 20
168.6'
69.8'
PRESERVE (E)
ELEC. UTILITY CABINETS
DEMOLITION PLAN
REMOVE EXISTING ASPHALTREMOVE EXISTING CONCRETE SLAB
PAGE 1
CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482
AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG
TODD GROVE PARK
BBQ AREA REHABILITATION
BIOSWALE AREA
282 SF
SEE DETAIL
0 5 10 20
8' PICNIC TABLE
PLACED END TO END
PEDESTAL MOUNTED
BBQ GRILL
FOOD PREP TABLE
30' X 30' SHADE COVERING
ADA DRINKING FOUNTAIN
IMPROVEMENT PLAN
PLACE 3" ASPHALT OVER 6" COMPACTED CLASS II BASEPLANTED SWALE LOCATION PAGE 2
CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482
AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG
TODD GROVE PARK
BBQ AREA REHABILITATION
8" PLANTING TOPSOIL
6" DRAIN ROCK
SCARIFIED NATIVE SOIL
1.0'
8.0'
3" HMA PAVEMENT
6" CLASS II BASE
COMPACTED NATIVE SOIL
PLAN DETAILS
PAGE 3
SWALE ELEVATION
NOT TO SCALE
PAVING SECTION
NOT TO SCALE
PLANTING PLAN
NOT TO SCALE
Item # Item Description QTY UOM Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 1 REMOVAL & DISPOSAL OF EXISTING ITEMS 1 LS $4,825.00 $4,825.00 $19,112.66 $19,112.66 $19,500.00 $19,500.00 $25,500.00 $25,500.00 $21,057.26 $21,057.26 $36,000.00 $36,000.00 $39,298.00 $39,298.002 REMOVAL, STORAGE & RE‐INSTALLATION OF BIKE RACKS 1 LS $250.00 $250.00 $569.71 $569.71 $4,500.00 $4,500.00 $500.00 $500.00 $1,508.70 $1,508.70 $2,000.00 $2,000.00 $1,600.00 $1,600.00 3 PLACE ASPHALT 145 TN $180.00 $26,100.00 $224.33 $32,527.85 $206.00 $29,870.00 $301.38 $43,700.10 $274.00 $39,730.00 $250.00 $36,250.00 $276.00 $40,020.00 4 PLACE CLASS II BASE ROCK 142 CY $93.00 $13,206.00 $79.21 $11,247.82 $171.00 $24,282.00 $141.69 $20,119.98 $99.39 $14,113.38 $140.00 $19,880.00 $138.00 $19,596.005 FURNISH & INSTALL PICNIC AREA
FURNISHINGS 1 LS $54,836.00 $54,836.00 $63,377.46 $63,377.46 $52,559.00 $52,559.00 $60,900.00 $60,900.00 $86,597.00 $86,597.00 $65,000.00 $65,000.00 $80,709.00 $80,709.00 6 FURNISH & INSTALL SWALE 1 EA $3,360.00 $3,360.00 $705.00 $705.00 $7,150.00 $7,150.00 $3,500.00 $3,500.00 $1,842.18 $1,842.18 $4,000.00 $4,000.00 $4,900.00 $4,900.00 7 FURNISH & INSTALL DRINKING FOUNTAIN 1 EA $8,222.84 $8,222.84 $7,060.89 $7,060.89 $6,500.00 $6,500.00 $3,000.00 $3,000.00 $8,451.71 $8,451.71 $13,000.00 $13,000.00 $11,845.00 $11,845.008 TOPSOIL 1 LS $2,700.00 $2,700.00 $2,378.50 $2,378.50 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $1,176.77 $1,176.77 $2,000.00 $2,000.00 $1,800.00 $1,800.00 Bid $113,499.84 $136,979.89 $146,861.00 $158,720.08 $174,477.00 $178,130.00 $199,768.00 Total $113,499.84 $136,979.89 $146,861.00 $158,720.08 $174,477.00 $178,130.00 $199,768.00 Valley PavingBaserock and asphalt paving
Folsom Lake AsphaltPaving
Valley PavingAsphalt
None None None Valley Paving
Paving
Listed SubsSpec No. 23‐03 Bid Form
3355 Regional Parkway PO Box 259
Ukiah, CA 95482 Covelo, CA 95428 Ukiah, CA 95482 Hopland, CA 95449 Santa Rosa, CA 95407 Santa Rosa, CA 95403 Redwood Valley, CA 95470 3780 Christy Ln PO Box 575 11 Highland Street 13820 Mountain House Road 1846 Ludwig Ave TODD GROVE PARK PUBLIC BBQ FACILITY, SPEC 23‐03City of UkiahBid Opening:2023‐03‐09 MARZ Engineering Wylatti Resource Management, Inc Gregg Simpson Trucking Cupples Excavating C.V. Larsen Co. M3 Integrated Services, Inc. Ferranti Construction Inc Attachment 3
Agenda Item No: 8.g.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2517
AGENDA SUMMARY REPORT
SUBJECT: Consideration of a Donation of Real Property on Cherry Court (APN 003-050-41) from Peggy White and Authorization of the City Manager to Negotiate and Execute the Corresponding Donation Agreement; and Approval for the Closing Costs in the Amount of Approximately $1,200.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maya Simerson, Project & Grant Administrator PRESENTER: Maya Simerson, Project and Grant
Administrator.
ATTACHMENTS:
1. Cherry Court Aerial View
2. Real Property Donation Agreement - White Final
Summary: Staff is seeking Council approval to accept the donation of property on Cherry Court.
Background: Last fall, the City of Ukiah was contacted by resident Peggy White regarding a small parcel of property she owns on Cherry Court (APN 003-050-41). This parcel is residual property from a residential development that occupies approximately two thousand square feet of roadway, sidewalks, and easements, that are part of the access roadway into Cherry Court. A Google Earth aerial view of the area is included as Attachment #1 for your reference. Cherry Court can be located from the cross-street, Cherry Street, just east of South State Street. The parcel map and legal description are included in the proposed Donation Agreement and can be found in Attachment #2.
The City of Ukiah owns the roadway leading up to Cherry Court from Cherry Street and also the portion of Cherry Court at the end of the potential donation parcel. Because the City performs maintenance on the other sections of this road, incorporating it into the street maintenance plan has already been accomplished and no other maintenance expenses are anticipated.
Discussion: Under the direction of Council, Staff has negotiated terms and conditions for the possible transfer of the property to the City of Ukiah as a donation of real property. The donation agreement (Attachment #2) identifies that the City of Ukiah will be responsible for closing costs and any other associated fees with the title company for the transaction. The parcel is currently valued at $1,700 and Staff does not anticipate the costs/fees exceeding $1,200.
In conjunction with accepting this donation, Staff will be submitting a CEQA Notice of Exemption under Class
1.c for an Existing Facility that is within the City limits and has no associated development or construction activities associated with the transfer of ownership.
Accepting the parcel donation supports the City of Ukiah’s General Plan land use element and allows the City to maintain street design standards and right-of-way needs (General Plan 2040).
Staff recommends that Council approve the City Manager to negotiate and execute the Donation Agreement with Peggy White.
Recommended Action: Approve donation of real property on Cherry Court (APN 003-050-41) from Peggy White and authorize the City Manager to negotiate and execute the Donation Agreement and closing costs in the amount of approximately $1,200.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Up to $1,200 to fund 20012200.52304
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Peggy White, Owner, Tim Ericksen, City Engineer, David Rapport, City Attorney & Sage Sangiacomo, City Manager
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
Attachment #1
Cherry Court Aerial View
Approx. location of donation parcel depicted in yellow
Donation Agreement & Joint Escrow Instructions Page 1 of 4
DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS
_________________________
This Donation Agreement and Joint Escrow Instructions (“Agreement”) is entered in Ukiah, California, on the date last executed below (“Effective Date”) by and between Peggy White, a single woman (“Donor”) and the City of the Ukiah, a general law municipal corporation (“City”). Donor and the City may be referred to hereafter as the “Parties.”
RECITALS
A. Donor is the sole owner in fee of that certain real property in Ukiah, California, designated Mendocino County Assessor’s Parcel Numbers (“MAPN”) 003- 050-41 and more particularly described in the attached Exhibit A (the “Property”).
B. By this Agreement Donor agree to donate the Property to the City and the City agrees to accept the donation, all on the terms and conditions as stated in this Agreement.
TERMS
NOW, THEREFORE, in consideration of the above Recitals, which are incorporated into these terms by reference, and subject to the terms and conditions stated herein, the Parties agree as follows.
1. Donation. Donor hereby offers and the City hereby consents to a donation of the Property to the City, subject to and conditioned as set forth in this Agreement. Donor confirms that her decision to donate the Property to the City was made independently by Donor prior to approaching the City about making the donation.
2. Time limits. The Parties may mutually agree in writing to extend any time limit contained in this Agreement.
3. Value of Property. City hereby confirms that Donor is conveying the Property to the City without the payment of any consideration. The City expresses no opinion about the value of the Property and Donor is solely responsible for ascertaining the value of the Property at the time it is conveyed to the City.
5. Escrow. Within two (2) business days of the Effective Date, the Parties shall open an escrow with Redwood Empire Title Company of Mendocino County (“Escrow Agent” or “Title Company”) in Ukiah, California, to facilitate the transfer of title to the Donation Property. Close of escrow shall occur on a mutually agreeable date (“Close of Escrow” or “Closing Date”).
6. Title Report and Objections. City has received from Title Company a preliminary title report on the Donation Property, dated January 11, 2023 (“Report”), together with copies of all recorded title exceptions shown on the Report. City has born the cost of the Report. Based on the Report, the City has no objections to the matters disclosed in the Report.
Attachment #2
Donation Agreement & Joint Escrow Instructions Page 2 of 4
7. Warranties or Representations.
a. Donor. Donor represents and warrants that she has full power and authority to enter this Agreement, that she will convey the Property to the City and that all proceedings required to be taken by or on Donor’s behalf to authorize Donor to make, deliver, and carry out this Agreement’s terms have been duly and properly taken, including conveying to City by grant deed all of Donor’s right, title, and interest in and to the Property. No further consent of any person or entity is required related to Donor’s’ performance under this Agreement. City acknowledges it will acquire title and possession of the Property “AS IS.”
b. City. City represents and warrants it has full power and authority to enter this Agreement and all proceedings required to be taken by or on City’s behalf to authorize City (and the undersigned representative of it) to make, deliver, and carry out this Agreement’s terms have been duly and properly taken, including the authority to accept from Donor the conveyance by grant deed of all Donor’s right, title, and interest in and to the Donation Property. No further consent of any person or entity is required related to City’s performance under this Agreement. City shall provide Donor and Escrow Agent any consent or resolution authorizing City to consummate the transaction(s) contemplated by this Agreement as may be reasonably required. Other than the representations and warranties expressly stated above in this section, City makes no warranties or representations whatsoever, express or implied, related to or in connection with its acceptance of title to the Donation Property. c. Mutual. The Parties each represent that neither of them engaged or otherwise dealt with a finder or real estate broker or salesperson with regard to the transaction(s) contemplated by this Agreement. In the event a contrary claim is made by such a person/entity, the party for whom such services were allegedly provided shall indemnify, defend, and hold the other party harmless from and against any and all losses, claims, demands, expenses, damages, liabilities or causes of action, however any of the same may be characterized, related to said person/entity.
8. Title and Escrow Costs. City shall pay all title, title insurance, and escrow costs, fees, and expenses incurred or generated by the transaction(s) contemplated by this Agreement. City shall deposit all monetary sums, and the Parties shall each deposit all documents, with Escrow Agent necessary to consummate the transaction(s) contemplated by this Agreement. Each party shall bear their own attorney’s fees and costs incurred in connection with this Agreement.
9. Notice Regarding Advisability of Title Insurance: IMPORTANT: IN
ACQUIRING REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE
INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY
BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE
INSURANE SHOULD BE OBTAINED IN ORDER TO INSURE YOUR INTEREST IN THE PROPERTY THAT IS BEING ACQUIRED.
10. Conditions. This Agreement is expressly conditioned on:
a. On the Closing Date, the Title Company shall be prepared to issue to City, as of that date, any policy of title insurance (CLTA or ALTA at City’s option)
Donation Agreement & Joint Escrow Instructions Page 3 of 4 reasonably requested by City upon payment of its regularly-scheduled premium, with total liability in the amount of $50,000.00, insuring City that the Donation Property is vested in City, subject to the standard printed exceptions and those particular exceptions otherwise appearing on the Report, as may be amended (subject to section 6, above).
b. The Parties representations and warranties as made herein shall be true and correct in all material respects as of the Closing Date. c. City’s deposit with the Escrow Agent of sums sufficient to close the transaction(s) contemplated by this Agreement.
d. The Parties shall make good faith and diligent efforts to cooperate with one another, the Escrow Agent, and others involved in the transaction(s) contemplated by, and to satisfy their respective obligations and the conditions precedent specified in, this Agreement, inclusive of executing further escrow instructions and other forms consistent with and reasonably necessary to implement the terms of this Agreement.
11. Escrow Agent’s Closing. After all deposits are made and the obligations of the Parties and conditions are satisfied and Title Company is prepared to issue title insurance), Escrow agent shall record the Deed and deliver the policy of title insurance to City.
12. Miscellaneous.
a. Notices. All notices and any other communications permitted or required under this Agreement must be in writing and will be effective (a) immediately upon delivery in person or by facsimile, or upon delivery to the recipient if attached to an email communication; (b) on the date of delivery, as evidenced by the records of the courier, if deposited with a nationally-recognized commercial courier for overnight delivery, provided delivery is made during regular business hours or receipt is acknowledged by a person reasonably believed by the delivering party to be employed by the recipient; or (c) on the date indicated on the return receipt, if deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid.
Any notice to be given by any party hereto may be given by the counsel for such party.
All notices must be properly addressed and delivered to the parties at the addresses set forth below, or at such other addresses as either party may subsequently designate by written notice given in the manner provided in this section and a copy of all notices and other communications shall be delivered by email:
Donor: Peggy White
460 East Gobbi Street #16
Ukiah, Ca 95482
Email: [email protected]
Donation Agreement & Joint Escrow Instructions Page 4 of 4 City: City of Ukiah
Attention: Sage Sangiacomo, City Manager
Ukiah Civic Center
300 Seminary Ave
Ukiah, CA. 95482
Email: [email protected]
b. Cooperation. The Parties agree to execute such other documents and to perform such other acts as reasonably necessary or desirable to carry out the purpose of this Agreement, both before and after the Closing Date. c. Binding Effect & Assignment. This Agreement shall be binding on and inure to the benefit of the Parties respective heirs, successors, and permitted assignees.
d. Governing Law. This Agreement is entered into and shall be governed by, and construed and enforced in accordance with, the laws of the State of California (without giving effect to its choice of law principles). The parties agree to the jurisdiction of the California state courts and to venue in the state courts in Mendocino County.
e. Construction. The Parties are each represented by counsel and jointly participated in preparing this Agreement; it shall be deemed drafted and prepared by both parties, and any rule of construction that serves to resolve ambiguities or other interpret language against the drafting party shall not be employed in relation to this Agreement.
f. Counterparts. This Agreement may be executed in counterparts, all together which shall be deemed an original, single, instrument. Electronic signatures shall be deemed original.
DONOR
Dated: _________, 2023 ____________________________
Peggy White
CITY OF UKIAH
Dated: _________, 2023 ____________________________
SAGE SANGIACOMO
City Manager
City of Ukiah
Redwood Empire Title Company of
Mendocino County
405 S. Orchard Avenue, P. O. Box 238
Ukiah, CA 95482
Phone: (707)462-8666 Fax: (707)462-5010
Preliminary Report Page 1 20230050DN
Our No.: 20230050DN
Your No.:
Seller: Peggy White
Buyer:
When replying Please Contact:
ESCROW OFFICER: Debbie Niesen
[email protected]
PRELIMINARY REPORT
Property Address: , CA
In response to the above referenced application for a policy of title insurance, Redwood Empire Title Company of Mendocino County hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of January 11, 2023 at 07:30 AM.
Steve Burlesci
Chief Title Officer
[email protected]
The form of policy of title insurance contemplated by this report is:
ALTA 2006 Extended Loan Policy
CLTA Standard 1990 Owners Policy
Underwritten by Old Republic National Title Insurance Company
Preliminary Report Page 2 20230050DN
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this Report is:
a Fee
2. Title to said estate or interest at the date hereof is vested in:
Peggy White, formerly known as Peggy Gow
3. The land referred to in this report is situated in the State of California, County of Mendocino and is described as follows:
BEGINNING AT A POINT ON THE NORTH LINE OF CHERRY STREET, DISTANT THEREFROM 20 FEET
WESTERLY FROM THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM DONALD MYERS ET UX, TO PHILLIP S. SHIELDS, RECORDED JULY 7, 1950 IN BOOK 274, PAGE 233 OF OFFICIAL RECORDS; THENCE NORTHERLY AND PARALLEL WITH THE EASTERLY LINE OF THE 2ND EXCEPTION DESCRIBED IN THAT CERTAIN DEED FROM T.B. MYERS ET UX TO DONALD MYERS, RECORDED MARCH 6, 1950 IN BOOK 266, PAGE 69 OF OFFICIAL RECORDS 100 FEET; THENCE EASTERLY 20 FEET TO THE NORTHWEST CORNER OF SAID SHIELDS LAND; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID SHIELDS LAND TO THE NORTH LINE OF CHERRY STREET; THENCE WESTERLY 20 FEET ALONG THE NORTH LINE OF CHERRY STREET TO THE POINT OF BEGINNING.
APN: 003-050-41
Preliminary Report Page 3 20230050DN
SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the said policy form would be as follows:
1. Taxes and assessments, general and special, for the fiscal year 2023- 2024, a lien not yet due or ascertainable.
2. Taxes and assessments, general and special, for the fiscal year 2022 - 2023, as follows Assessor’s Parcel No.: 003-050-41
Code No.: 003-031
1st Installment: $41.22, Delinquent + $4.12 Penalty Fees 2nd Installment: $41.22, Unpaid
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California.
4. Easement(s) for the purposes stated herein and incidental purposes as provided in the document(s):
Recorded: February 26, 1951 in Book 284, Page 56 of Official Records For: ingress and egress
5. Easement(s) for the purposes stated herein and incidental purposes as provided in the document(s):
Recorded: June 24, 1954 in Book 373, Page 382 of Official Records For: ingress and egress
6. Easement(s) for the purposes stated herein and incidental purposes as provided in the following instrument(s):
Recorded: January 16, 1968 in Book 756, Page 157 of Official Records In Favor of: Pacific Gas & Electric Company
For: pipeline purposes
END OF SCHEDULE B
INFORMATIONAL NOTES:
1. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of 24 months prior to the date hereof except as follows: NONE
CLTA Preliminary Report Form (01-01-08)
Exhibit A 20230050DN
CLTA PRELIMINARY REPORT FORM (EXHIBIT A) (01-01-08)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
CLTA Preliminary Report Form (01-01-08)
Exhibit A 20230050DN
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CLTA Preliminary Report Form (01-01-08)
Exhibit A 20230050DN
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
Privacy Statement 20230050DN
Privacy Statement
July 1, 2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
From applications or other forms we receive from you or your authorized representative; From your transactions with, or from the services being performed by us, our affiliates, or others; From our Internet web sites;
From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement providers. We may also disclose your Personal Information:
to agents, brokers or representatives to provide you with services you have requested. to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We may also disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information.
Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address: Privacy Compliance Officer Redwood Empire Title Company
P.O. Box 238
Ukiah, CA 95482
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you.
Agenda Item No: 8.h.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2519
AGENDA SUMMARY REPORT
SUBJECT: Receive Report Regarding the Appeal Process that the City has Undertaken in Opposition to FEMA's Proposed Adjustments to the Flood Maps that Affect Properties in the City of Ukiah and Provide/Authorize any other Direction Deemed Necessary.
DEPARTMENT: Public Works PREPARED BY: Jason Benson, Senior Civil Engineer PRESENTER: Tim Eriksen, Director of Public Works/City
Engineer
ATTACHMENTS:
1. City of Ukiah - FEMA Appeal of Preliminary FIRM and FIS_15MAR2023
2. FEMA Submittal_Acknowledgement_Ukiah_March2023
Summary: The Council will receive an update regarding the appeal process that the City has undertaken in opposition to FEMA's proposed adjustments to the flood maps that affect properties in the City of Ukiah.
Background: On March 15, 2023, the City Council received an update on the Federal Emergency Management Agency (FEMA) process of updating the flood plain elevations throughout the City of Ukiah, which included a summary of the appeal process taking place. The FEMA appeal process deadline was end of day on March 15, 2023.
Discussion: City Staff submitted the documentation required and other supporting information for the appeal process to FEMA on March 15, 2023. The documentation submitted included: letter of appeal and technical summary from the City Engineer, technical memorandum from GHD and Northern Hydrology & Engineering, technical supporting letter and documentation from Ron Franz, and a letter to Congressman Huffman from Mayor Rodin. (Attachment #1).
A letter was received from FEMA on the afternoon of March 23, 2023 acknowledging the receipt of the City’s appeal and the supporting documentation. In the acknowledgement letter, FEMA states they will evaluate the issues raised, contact the City if additional information is needed, and will revise the preliminary Flood Insurance Rate Map (FIRM) panels and Flood Insurance Study (FIS) report if warranted. (Attachment #2) The City has links to all the updated information on this process on our website in the "Projects + Information" tab. The webpage can be found at https://cityofukiah.com/flood-maps/.
Recommended Action: Receive report and provide/authorize additional direction if necessary.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI): 6c – Ensure that climate responsibility is integrated throughout the City’s departments and operations.
March 08, 2023
To City of Ukiah
Copy to GHD Files
From GHD and Northern Hydrology & Engineering Tel +1 415 283 4970 Subject City of Ukiah FEMA Map Revision Review Project no. 12589077
MEMORANDUM
1. Review Summary
This memorandum summarizes GHD’s and Northern Hydrology & Engineering (NHE) preliminary review of the Mendocino County Map Revision (Orrs, Gibson, Doolin, and Zone AE) Updates, prepared by FEMA Region 9 and resented to the City of Ukiah (the City) on August 16, 2022. This review included the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) dated April 29, 2022, and the hydraulic analysis model and data provided by the FEMA’s STARR II contractor team on August 2, 2022.
The preliminary FIRM shows proposed changes in the floodplain extent in the City. The preliminary FIRM generally shows additional floodplain areas, especially for Zone A and Zone AE. For example, in FIRM panel 06045C1514, a significant portion of the urban area between Orrs Creek and Gibson Creek is remapped as floodplain Zone AE, as shown in Figures 1 and 2. The changes are partly due to a different hydraulic analysis approach in this floodplain area. The hydraulic analysis for the effective FIRM was based on one-dimensional (1-D) creek modeling. The new hydraulic analysis for the preliminary FIRM included 1-D modeling and limited two-dimensional (2-D) floodplain modeling to provide additional resolution to the floodplain flooding. These updates of floodplain extents in the preliminary FIRM may trigger new flood insurance requirements in the area.
GHD and NHE completed a preliminary review of the hydraulic analysis and identified a significant technical or scientific inaccuracy with the hydraulic modeling approach for Orrs Creek, Gibson Creek and adjoining floodplain; and several areas where additional clarification is needed to better understand the overall analysis's approach, accuracy, and precision. The hydraulic model setup, assumptions, and execution for Orrs Creek, Gibson Creek, and the interconnected floodplain between these two creeks have resulted in inaccurate and physically impossible differences in base flood elevations between the creeks and adjoining the floodplain. The resulting preliminary floodplain’s base flood elevations are unrealistically high and significantly expand the City’s Special Flood Hazard Area (SFHA). We recommend the City appeal the preliminary FEMA findings with the intention of having a more accurate and realistically defined floodplain extent and depth.
This technical review provides comments on the preliminary FIS, FIRM, hydraulic analysis, and supporting data provided by STARR II. The first part of this memo summarizes the technical and/or scientific inaccuracy of the hydraulic modeling approach for Orrs and Gibson Creek. The second section summarizes other minor analysis issues where additional clarifying information would be useful.
ATTACHMENT #1 Page 298 of 645
Figure 1. Effective FIRM Panel 06045C1514F (June 2, 2011) Figure 2. Preliminary FIRM Panel 06045C1514G (April 29, 2022) ATTACHMENT #1 Page 299 of 645
2. Technical and Scientific Inaccuracy of Modeling
Approach and Mapping Discrepancies
The impetus for this review of the preliminary FIRM update concerned the large expansion of the SFHA along and between Orrs Creek and Gibson Creeks (Figures 1 and 2) within the City (Tim Eriksen, City of Ukiah City Engineer, personal communication). Based on comments and feedback from a long-time local engineer (Ron Franz) who has completed hundreds of Elevation Certificates in the City limits, flooding in these expanded SFHA areas has not occurred, even during the December 2005 flood event (Ron Franz, personal communication). For reference, the 30 December 2005 flood event on the Russian River near Ukiah (USGS station: 11461000) observed peak flow was 22,600 cfs and exceeded the 1% annual exceedance flow (100-yr event) of 22,100 cfs estimated by the USGS (Gotvald et al. 2012) for this station.
The STARR II Hydraulic Report (dated March 2021) describes the general modeling approach and assumptions used for Orrs Creek and Gibson Creek. Initially, separate HEC-RAS 1-D hydraulic models were constructed for both Orrs Creek and Gibson Creek similar to the effective FIS. However, concerns regarding comingling of floodplain flows between Orrs and Gibson Creeks led STARR II to develop a separate HEC-RAS 2-D model of the floodplain area between these creeks and the Russian River to the east, and conduct a HEC-RAS 1-D/2-D analysis. Figure 3 shows the extent of the 2-D model domain. The following comments apply to the HEC-RAS 1-D/2-D model configuration, assumptions, and analysis of Orrs Creek and Gibson Creek conducted by STARR II.
The STARR II 1-D/2-D analysis consisted of developing three separate HEC-RAS models. For Orrs Creek, the 1-D model cross-sections terminated along the right channel top of bank and these crosssection ends were connected by a series of lateral structures. A similar approach was used for Gibson Creek, but the cross-sections were terminated and connected by lateral structures along the left bank.
The 2-D floodplain mesh was trimmed to align with the lateral structures (ends of the cross-sections) along Orrs and Gibson Creeks. HEC-RAS allows the 2-D floodplain mesh to be connected to the 1-D lateral structures, creating a 1-D/2-D hydraulic model that dynamically simulates the flow exchange between the channel and floodplain. In other words, the model can continuously simulate flows leaving the channel and flowing onto the floodplain or leaving the floodplain and reentering the channel based on topography and flow conditions. However, STARR II did not link the 1-D and 2-D models and instead attempted to conduct the 1-D and 2-D analysis separately. Although this approach can work in theory, it appears that the assumptions and analysis of the STARR II 1-D/2-D modeling approach was not accurately conducted, which resulted in unrealistic and physically impossible flow conditions and water surface elevations between Orrs Creek and Gibson Creek (1-D model) and the adjoining floodplain (2-D model).
ATTACHMENT #1 Page 300 of 645
Figure 3. 2-D model domain for the Orrs Creek/Gibson Creek intermingled floodplain flow Based on the STARR II report, the 1-D models of Orrs and Gibson Creeks were initially run and the flows going over the lateral structures were removed from the 1-D model and used as inflow boundary conditions for the 2-D model. However, flows from the 2-D model were not allowed to leave the 2-D mesh and reenter the 1-D models except near HWY 101 on Orrs Creek and between the railroad grade and HWY 101 on Gibson Creek. In other words, throughout the City west of HWY 101 and the railroad, floodplain base flood elevations are artificially elevated due to flows not being allowed to leave the 2-D model and reenter the 1-D model (creek channels). The STARR II modeling approach and assumptions have created inaccurate and physically impossible base flood elevations which can be seen in the preliminary FIRM map and supporting data.
A review of the preliminary FIRM map and the spatial files provided by FEMA for the Base Flood Elevations within the floodplain reveal differences between the channel and floodplain water surface elevations, with floodplain water levels being higher and in some locations significantly higher than creek levels along much of the upper reaches of Orrs and Gibson Creeks. This difference occurs in locations where the 1-D channel is assumed to be contributing flow to the floodplain, which is physically impossible.
An example of this is highlighted in Figures 4 and 5 for Orrs Creek Station 7019.798 and the adjacent floodplain-defined water surface elevation. The 2-D floodplain model has a boundary condition line distributing 240 cfs flow from the creek (1-D model) to the floodplain at this location. However, the 1-D model water surface elevation at this cross-section (625.48 ft.) is over 2.5 ft. lower than the water surface elevation in the adjacent 2-D model floodplain (628.0 ft.). Given the difference in water levels, this is a location where floodplain flow should be re-entering Orrs Creek, not leaving Orrs Creek. However, the model setup and assumptions prevent flow from re-entering the channel at this location.
ATTACHMENT #1 Page 301 of 645
Figure 4. Orrs Creek Station 7019.798 (arrows point to this station in Figure 5) Figure 5. FEMA defined Base Flood Elevations for the floodplain and adjacent Orrs Creek Cross Sections (Blue lines = floodplain BFE, Green lines = Cross-section location and WSE) ATTACHMENT #1 Page 302 of 645
The above example for Orrs Creek is at a single location. However, this unrealistic difference in water levels between the floodplain and creek channels occurs along much of the length of Orrs Creek and Gibson Creek. Figure 6 displays the 100-year flood water surface elevation profiles for Orrs Creek (1-D model), the adjacent floodplain levels from the 2-D model, and the right-bank lateral structure elevations.
There are two locations where creek levels are higher than the ground and floodplain water levels, and flows would leave the channel (1-D model) and enter the floodplain (2-D model). However, there are significantly more locations where floodplain flows are higher than the ground and creek levels and floodplain flows would want to reenter the channel at these locations. It should be noted that this condition occurs immediately downstream of the locations where flow leaves the channel, which tends to be at creek crossings. Unfortunately, the STARR II modeling assumptions and analysis do not allow floodplain flows from the 2-D model to reenter the creek (1-D model) along this section of Orrs Creek, which is unrealistically elevating floodplain depths and base flood elevations by artificially keeping flow in the floodplain. These differences in creek and floodplain water surface elevations can be seen along both reaches of Orrs Creek and Gibson Creek. Only east of the railroad grade near HWY 101, where floodplain flows are allowed to leave the 2-D model and reenter the 1-D model, do floodplain and creek water surface elevations realistically coincide.
Figure 6. Orrs Creek 100-Year water surface elevation (WSE) Profile with Lateral Structure elevation and adjacent Floodplain 100-Year WSE
620
622
624
626
628
630
632
634
636
638
640
9000 8500 8000 7500 7000 6500 6000 5500
Elevation (NAVD88, ft)
Orrs Creek Station (ft)
Floodplain 100-Year WSE Orrs Creek 100-Year WSE
Right Bank Lateral Structure Elevation
ATTACHMENT #1 Page 303 of 645
Another critical issue is that flows can only leave the 2-D model and renter Orrs Creek (1-D model) along a small section of lateral structure near HWY 101. However, flows can reenter Gibson Creek along a significantly longer section of lateral structure between the railroad and HWY 101. This modeling assumption appears to be artificially elevating floodplain water surface elevations along the lower reach of Gibson Creek near HWY 101 as more water is forced to return to Gibson Creek than would have occurred if upstream floodplain flows were allowed to leave the 2-D model and reenter the creek channels (1-D models), especially Orrs Creek. This assumption is also causing water to overtop HWY 101, which according to local observations did not occur during the December 2005 flood event (Ron Franz, personal communication).
As a final point, the hydraulic analysis did not include an update to the watershed hydrology. The 1-D/2-D modeling approach forced the rebalancing of flow between Orrs Creek, Gibson Creek, and the floodplain between the two creeks. Table 2 shows the flow comparison between the effective FIS and preliminary FIS. While Orrs Creek has a slight increase in flow, Gibson Creek has over 200 cfs flow reduction, further indicating potential inaccuracies of the forced flow rebalancing between the 1-D and 2-D models.
Table 2. 100 Year Flow Between Effective and Preliminary FIS Stream Effective FIS Preliminary FIS
Gibson Creek 954 cfs 725 cfs
Orrs Creek 2,940 cfs 2,985 cfs
Doolin Creek 2,160 cfs 2,160 cfs
As mentioned previously, the STARR II 1-D/2-D modeling approach, assumptions and analysis was not accurately conducted for Orrs Creek and Gibson Creek, which resulted in unrealistic and physically impossible flow conditions and water surface elevations between Orrs Creek and Gibson Creek (1-D model) and the adjoining floodplain (2-D model). These modeling issues have led to overestimated floodplain depths and based flood elevations, that have caused the significant expansion of the SFHA for Orrs Creek and Gibson Creek.
3. Additional Review Comments
3.1 Hydraulic Analysis Comments
Orrs, Gibson, and Doolin Creek are represented by three separate 1-D HEC-RAS hydraulic models. The below section summarizes additional comments based on further review of the three models.
Orrs, Gibson, and Doolin Creek Model Comments
1. Provide additional information on how the models are calibrated or verified for their accuracy.
2. The model domains for Orrs, Gibson, and Doolin Creeks extend to the confluence with the Russian River. The portion of the creeks between Hwy. 101 and the Russian River is within the Russian River floodplain and it seems that the Russian River would have a hydraulic impact on all three Creek profiles in this area. However, a normal depth downstream boundary condition was used for Orrs, Gibson, and Doolin Creek, so it is not clear if consideration was given to the effect of the Russian River on the creek profiles. We would recommend that a coincident peak analysis be completed to justify the normal depth boundary condition.
ATTACHMENT #1 Page 304 of 645
3. The models were run with a subcritical flow regime, however, there are several places where the model defaulted to critical depth because a subcritical solution could not be found. The channels may have areas with supercritical flow that are not accurately captured by running with a subcritical flow regime. While we understand that model runs in a subcritical flow regime usually yields a more conservative water surface elevation estimate, we would recommend that the models be run in mixed flow and a comparison be made with the subcritical flow.
4. Cross-sections were extracted from a 10-ft grid LiDAR and only in limited instances updated with survey data. 10-ft grid LIDAR may not be sufficient to capture the channel geometries and may impact channel capacity. In order to determine whether the cross-section geometry used in the HECRAS model accurately reflects the existing conditions of the channels, the cross-section geometry was compared to survey information gathered by GHD for other projects. GHD is currently working on the Orrs Rd. crossing project which required a survey of the channel and overbank areas. The channel survey data was compared to the FEMA HEC-RAS model. Particular attention was paid to the overall conveyance area, thalweg elevations and top-of-bank elevations. In general, the survey information was consistent with the HEC-RAS model geometry. Examples of the comparison are shown below:
Table 2. HEC-RAS model geometry at Orrs Rd. Crossing with Survey terrain for comparison It is our understanding that FEMA surveyed all structures along Orr, Gibson, and Doolin creeks.
There are many structures within the urban area of the City of Ukiah, resulting in a fairly accurate representation of the channel in these areas.
5. Based on the hydraulic profile for the Doolin Creek, it appears that many of the bridges and culverts along the channel are constrictions and control the upstream hydraulic profile as shown in Figure 4.
All these structures are overtopped during the 100-yr flow, so the elevation of the bridge deck/roadway and the structure opening may have significant impacts on the hydraulic profile upstream of the structure. Per the Hydraulic Report, these structures were all surveyed, but we wanted to highlight this observation in case there is any uncertainty in the geometry of the structures.
ATTACHMENT #1 Page 305 of 645
Figure 7. Hydraulic profile (100-yr) of a section of Doolin Creek showing bridges/culverts controlling HGL
6. The Orrs Creek 1-D HEC-RAS model has two cross-sections with contraction and expansion coefficients set at 0.6 and 0.8 respectively. The accompanying report does not include a justification for these values, which should be included as the higher values would force more flow from the 1-D model into the 2-D model domain.
7. The 2-D model uses normal depth boundary conditions at the downstream extents. The normal depth assumption may be artificially lowering the hydraulic grade line through the model area. It would be more appropriate to use the Russian River’s 100-year water surface elevations (WSE) depending on the outcome of a coincident peak analysis.
3.2 Flood Insurance Rate Map Comments
As a standard of practice, a workmap should be provided that shows the effective floodplain and floodway and the revised floodplain and floodway included in the Hydraulic Report. An example is provided below.
ATTACHMENT #1 Page 306 of 645
Figure 3. Workmap Example
The workmap is an important tool for the review team to identify areas of change in the floodplain and floodway boundary. The review team would like to request this additional information from FEMA’s STARR II contractor team for review.
4. Summary
The Preliminary FEMA submittal for the City of Ukiah is missing several key pieces which would help to better understand the model development, assumptions, and subsequent findings:
Workmap
Survey Workplan
In addition, the assumptions and hydraulic analysis for Orrs Creek, Gibson Creek, and the floodplain between Orrs and Gibson Creek have led to physically impossible discrepancies in water surface elevations between the creeks and floodplain and resulted in unrealistically high proposed base flood elevations along the creeks and floodplain. Furthermore, these high base flood elevations have significantly expanded the SFHA in this area.
The separation of the two creeks (1-D models) and the intermediate floodplain (2-D model) has resulted in errors in assumptions and execution and should be re-evaluated based on a single hydraulic model incorporating Gibson Creek, Orrs Creek, and the intermediate floodplain in a true HEC-RAS 1D/2D coupled model, at a minimum.
Based on the above findings, we recommend the City of Ukiah formally appeal the Preliminary FEMA findings.
ATTACHMENT #1 Page 307 of 645
5. References
Gotvald, A.J., Barth, N.A., Veilleux, A.G. and C. Parrett. 2012. Methods for determining magnitude and frequency of floods in California, based on data through water year 2006: U.S. Geological Survey Scientific Investigations Report 2012–5113,
ATTACHMENT #1 Page 308 of 645
Ron W. Fr*nr,
Civil Engineering & Lund Surveying
March 14, 2023
FEUA
c7o fim Eriksen, citY Engineer
city of Ukiah
300 SeminarY Avenue
Ukiah, CA 95482
RE: Proposed changes to the FEuA Flood Insurance Rate Maps in and around the CitY of Ukiah, CA
DCAT FEMA:
changes in and ar-ound the city of ukiah. I have reviewed the proposed new maps, primarily paneJ-s 06045C1512G, 1514G .and 1518G dated pr"fi*irrry epril 22, 2022. I have also met with engineers and ;r-;il;.= it in. City of Ukiah and have had discussions with the iyOr"f"gist thJ tfre 6ity is working with for their appeal' I have. also ri"X"" iuitf, some of the land owneis that cou1d be affected by these *.p=, many of them have owned these properties for well over 50 years' I am a private licensed Civil Engineer and a licensed Land Surveyor in Ukiah. I have lived in the U:iian community my whole life, of over 60 years. I have worked exclusively in this area as a private engineer and surveyor for nearly 40 years. I am extremely familiar with al-I of the sCreets, the crLeks and the Russian River throughout this area and have done more than 5Oo Elevation Certificates in Mendoci-no County, most of them in and around the City of Ukiah' I've also processed ibout 50 LOMA's for homes and businesses in the area. I have also personally witnessed the largest flood ln recorded history in this valle-y which dccurred in Decembei 2OO5 and have seen a couple of the other iop S floods in this area back in the 1990's.
Based on my review of these proposed maps, on my local knowledge and expertise, on my discussions with property owners and other professionals, my genelral response to the pioposed new flood limits and iase Flood nteviti-ons is that these maps are horribly inaccurate and completely outragecius. If FEMA adopts these maps, the impact 'on the tocit com-munity, homeowners, and businesses will be devastating. The proposed flooding limits is not even close to reality in most areas of the maps. In many areas on these maps it. is completely physically impossible to flood as shown.
If FEMA proposes to updat.e and revise the flood paP? in this area, I strongly Luqqest that actual detailed on-site field work and investigation= be done. FEMA engineers and hydrologists need to meet on-s|te with l-ocal experts to see how flooding actually occurs in this area prior to implernenting any changes. Only then will they be able to ger,"r-at" flood iaps that-may represent reality. I woul-d be glad to ieet on-site with any engineer. or hydrologist from FEMA to help them gather accurate information.
2335 Appor-inaris,;l:""" -;;n JrTldrrt"rirornia
es4,2
ATTACHMENT #2 Page 309 of 645
I have attached to this letter a few things, a copy of the LOMA/LOMR that was done by a local engi-neer back in 1985 for the Brush Street area north of Orrs Creek. That LOMA was approved and accepted by FEMA and has heen used as Lhe basis of flooding for much of the dlvelopment in that area. I .=J.rme that this would have to be honored by FEMA which would completely change the proposed new maps. I have also attached a few copies of porti-ons of the proposed new maps with my misc. notes and comments. Be1ow, I'lI address a few of these maps.
Brush Street triangle (north of orrs Creek):
This is an approximately 1OO acre area with a mix of high density housing, light commercial and mostly vacant and fallow farm land. Much of the as-yet undeveloped area has been filled and raised to above the BFE in anticipation of future development. It Iies north of Orrs Creek, east of the railroad and west of Highway 1Ol-. The 1985 LOMA/LOMR for this area accurately shows how flooding in this area may actually occur with ponding in much of this relatively fl-at area. I have worked on most of the parcels in this area and know al-I of the owners of the undeveloped portion. I spoke with 2 of the owners, both 1ocal people who have owned this property for well over 50 years. They both stated that none of this area flooded during the December 2005 flood, which was the largest flood in recorded Ukiah history. The only minor flooding and ponding occurred al-ong a very narro$I strip along the highway.
The proposed new ftood map for this area shows a1l- of the area north. of orrs Creek flooding with depths 3' or 4' deeper than the existing flood map. It also shows a water surface with fairly steep slopes. heading east and generally matching with the water surface slope in the orrs Creek channel. This is completely impossible. There is no r^ray for flood water to 9et, over 2000 feet northerly, into this area and then continue flowing easterly at rates of about 8 feet per second and then just stop at the highway. Then once aII of this water (probably about 10 times as much as is flowing in the creek channel) somehow just stops at the highway and then magically gets back to the creek channel- before it crosses the highway. This will absolutely not happen. If this area floods at al-l, it witl build up about a foot deep at the highway and then cross the highway more than 1OOO feet north of Orrs Creek. It will never get back to the creek. Mapping i-n this area needs to chanqe, flooding will never happen as shown.
Area between Orrs Creek and Gibson Creek:
Another general area of concern is the huge area between Orrs Creek and Gibson Creek. This area is mostly residential to the north and west and commercial . on the east portion up to Highway 1-01-. None, or very litt1e, of this area is currently in the floodplain. The proposed new map shows all of it being added to the floodplain. The new map al-so shows a fairly steep water surface which means fairly fast moving urater heading east. This massive volume of water then agai-n, just stops at the highway and somehow finds it's \nray across the highway in 3 or 4 tiny little .areas. Again, this is completely impossible. Also, none of this area flooded.during the 2AO5 flood except for minor flooding along the creeks and maybe a 1ittle ponding adjacent to the 2335 Appolinarls Drlve Ukiah, Cafifornia
Phone '7 A1 - 462-7487
95482
ATTACHMENT #2 Page 310 of 645
highway" I p€rsonally know the owners of the majority of the commercial property along orchard avenue ano they stated that none of their properties, includinq-JPt"""v, Kohts and Home Depot got anywhere near flooding
Doolin Creel<, '
Doolin creek is a fairly small creek that flows through mainly residential areas. one area tnat r qr"=Li"" is the large area that is proposed to ne- aaaeO to 11r" ti"oapftit' between the railroad and South state street. The trooaplll" -q."dt"Ily, and accurately' follows arong the creek channel in this area. The map shows the same situation where all of this ner^, floodplain-area is rrowing- quickly east and then just stops at the rail-road. Th;;, - again,
-
*o*6frd* a1f of this water iust
goes north anA-enas up.nacX'i" tf,6 Ooofitt Creek channel at a very small cu}vertcrossing.Thiswon,thappen,_irthisareah7eretoflood,it will build up a foot at th; tracii ana-wifl then flow east across the tracks and down Talmage Road'
McCIure Creek (west Talmage area):
was this area actualry included in the new FEMA hydrolic study? The proposed-.,", map shows a huge area- nlinq added to the f toodpl-ain between Russian River and l{cCluri Creek' Thi; area' about 70 acres' is a mix of residential and farm land' Where is this flooding coming from? From the river or from McClure creek? why is this new area being labeled as zone a wiinout Base Frooo Elevations? If a study was done, FEMA must have flood levels. Some of this area atong the river and directly along McClure Creek does il-ooa but about 80? of this new area has never f loodea anJ b;;A on exisiing ground elevations ' it will never .flood. of""-p"iiirg this in.a -zone i instead of a Zone AE is horribl-e. without Base rf o'oa Elevations, homeowners in this area will not be able to prove whether they are in or out'
please revi-ew my comments and the attached information and abandon these terribly inaccurat" ;;p;. The,majority of the proposed flood map changes snowri on these maps are
-
jlqt not correct and need to be
changed. If these maps .i.'-iaopted, the impact to this commUnity w111 be devastating a"a *i-ir have unnecessary long lasting negative affects' Sincerely
R"<}e"rp+
Ron W. Franf/-
PLS 71,7 3
RCE 43938
Drlve Ukiah, California 95482
Phone 101-462-7087
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2335 Appolinarls
ATTACHMENT #2 Page 311 of 645
ffi Federal Emergency Manageqf;l,r,!,,Sgo}rffJ
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Flood Insurance Sate Hap (FIRH) und flood Boundary and Flocdvay ltaP (fBfH) Panels 078{, 0792, aad 0BII for your comuunlty have been revlsed to oodify t}re elecatlons, flood boundarles, arrd zone deslgnaElon of a flood having a one-percenE chance of occurrence ln any glven year (base ffocd) along Orrs Creek upstrean of U.S. Blghray I01. The base flood elevaEions on t}te aboveroentioned panels, presently shovn as ranging from 60I feeE Natlonal Geodetlc Vert.lcal Datr:m (HGVD) to 610 feet NGVD, have been rcdifled ald nov range fron 50I fe'et NGxID to 605 feet NG9D. The zone deelgnatlon has been modified fron zone A7 ta Zone A5. Plood boundarles for areas designaEed as Zone B have also brden podifled. These changes vere roade afEer revievlng datra thaE vere su-bult.ted by George C. Rau of Scherf g Rau, Inc., Okl&h, Callfornla. The revlslon a.ends Ehe currently effective EIRH and FBFII dated June I, 1983.
The ctranges described above are shown on the enclosed cogy of the rnap Eitled:
'Orrs Creek PfRlt Revision Pron Eighvay 10I to Yord SLreeEl'daEed lhrch 29, I98{r'revlsed }{ay 16, June 7, and Noverober 5, 1984, prepared by Scherf & Rau, Inc., Uklah, Cal-ifornla. Thls LetEer of l{ap Revlslon v11} b,e followed by a physical *ap :rcvision.
this rco<iif icarion has b.een raade ptrsuanE, to Seotlcn 706 of. the'FLoo,3 Disast,cr Protection Act of l9l3- (P,L. 93-23.t) and ls ln accordance viLh Ehe Nat,iona] Plood Insurance AcE of 1968, as amended (Tit1e XIII of the Eousing and Urban Develognent Act of J.968, P.L, 90-{.t8), 42 U.S.C. 400I-.l12B, and {4 CIB Part
55. eodiflcaEj.ons to base flood elevaLions and zone deslgnathe Uklah Daily Journal o,n JanuarY L7,1985, and January 2!' riot.icilf changes vill be publlshed ln the Pederal Reg lslef , .l .
lsIatlon, a comEnunlty nusE adopt. and enforce flood plaln ensure conElnued eligiblllty to parEiclpate in tlre
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CE8,TIPIED HAIL
RETURI RECEIPT RSQULSTED
Effect.lve Date of
Revleiont JAH 0
CorucutJtitY Number;
Sufflx Code: B
Eonorable John Circllno
Chalruan, Xendoclno County Board'of Supervisore
Hendocino Count.y Courthouse, Rooo I13
Oklah, Callfornia 95482
Dear Chalrroal Ci-nollno :
PubIic rrotiflcarlon of
cions yi-l-I be given !n
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Hatlonal flood fngurance Progran. Therefore, yout ooaounlty ouet enforce t,heee regulaElona using, at a alntnul , t.he baee flood elevalloner zones, aad floodraye ln the Speclal Plood gazafd Areag as Bhorrn on the FIRH and IrBI+{ for your comunliy, lncludlng the above-pent,loned zone deglgnaElon and zone boundary podlf lcatlons .
The couuunlty nuuuber and sufflx code llsted above v11] be used for a].} flood lneurance Policles and renevals iesued for your coutrunley on and afEer the effective date llsted above.
The revlsed base flood elevatlons, zone deslgnaElon, and flood bound.aries are effectlve on the dat.e of thle letteri horrever, vlthln 90 days of the eecond publlcatlon 1n the ukiah oiily Journal, a cltizen roay reguest. the Pederal E'oergenry Hanageoent Ageney (ED{A) to reconsider this deternlnaElon. Any regueEt, for ,reconsideratlon lsusE be based on ecientiflc or Eechnical daEa.
AII lnterested parties are on notice that,, until the 90-day period elapses, t.i'e deEeroinatlon by FEI{A lfeelf roay be rcdtfted
A Consultatlon Coordina.t.lon Off lcer (CCO) has been deslgnat.ed to aeslst you vlEh arry probleos that you uay have cpncerning ttte nev base flood elevatlons, flood boundarles, and zone deslgnatlon. The CCO v1ll be the prfuoary llaison beEveen your coEruunity and F&{A.
Any questions ioay be dlrected to your C\@. Your CCO ls Itobert Johnson, Iocabed at tbe iIEHA Reglonal Office ln San franclsco. Ee can be reached at (4I5) 555-98{0 i ot t you can c.onEact, nembers of ny staff ae 1202) 287-0700 Sincere1y,
Enclosure
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Br1an R. Hrazlk, Pb.D. /
ctrlef, Blek srudles Divleion
Pederal Insurarrce Ad-ainistratlon
Hr. George C. Rau, Scherf I Raur Inc.
Hr. Viccor Holanila, Direcborr Departrnent of Planning and Bul]ding Serrvices ATTACHMENT #2 Page 313 of 645
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ATTACHMENT #2
Wednesday, March 15, 2023
The Honorable Jared Huffman
200 South School Street
Ukiah, CA 95482
Dear Congressman Huffman,
As you are likely aware, the Federal Emergency Management Agency (FEMA) has proposed updated flood maps for Mendocino County and the City Ukiah. These maps revise flood hazard designations along Orrs Creek, Gibson Creek, Doolin Creek and other tributaries across the Ukiah Valley. As conveyed, these updates greatly and curiously expand the existing floodplain hazards, thereby increasing residential and commercial insurance requirements, as well as the financial burdens for residents and businesses. Even though it has been some time since the last update to the City’s flood maps, no significant new developments in or near existing flood zones have been facilitated, nor have changes to flood protection systems (e.g., levees) developed. While drought continues, no other significant environmental changes have occurred that would substantiate such a considerable change in known flood hazards.
Unfortunately, those most impacted by these revisions will be the least able to absorb the associated costs. For middleclass and low-income homeowners, even slight changes to monthly expenses could have substantial budgetary consequences. These impacts will be most pronounced for low-income and borrowers with lower credit scores, since the added financial burden of insurance reduces the ability of disadvantaged households to borrow.1Increased flood insurance mandates will also lead to reductions in residential lending activity, which will stymie appropriate infill development and new construction. Creating additional barriers to infill development is a mistake, as the City of Ukiah must be well-positioned to encourage this type of growth to limit regional sprawl and non-sustainable land uses increasingly subject to fire hazards within the wildland urban interface.
An important objective of the National Flood Insurance Program (NFIP) is to break the cycle of flood damage but the City of Ukiah has experienced relatively claims since commencing participation in the NFIP in 1982. Per the FEMA NFIP Insurance Mitigation Division, only 60 documented losses totaling $1,041,230.16 across the entire 95482 zip code have been identified. This implies that the impacts of flooding within City limits are relatively constrained, as this zip code extends far-beyond City limits and includes large swaths of unincorporated Mendocino County.
Upon review and consultation, most of the areas subject to revised designations are not historically associated with flood hazards, even during notable events, such as those in 1994 and 2005/2006 (DR – 1628 CA). The impacts to mobile home park residents are concerning, as the City of Ukiah has taken efforts to preserve existing mobile home parks as affordable housing. Specifically, the revised flood hazard maps would impact the Manor Oak Mobile Home Estates and additional mobile home parks along East Gobbi Street to increased insurance requirements. FEMA published its Affordability Framework in 2018, but it is unclear how or if this framework would protect or assist residents, particularly those with modest incomes.
We encourage you to review the technical response that has been submitted in coordination with the County of Mendocino and assist the City of Ukiah in addressing concerns with these proposed flood map revisions. We believe that, based on technical merits, our appeal is fully justified. As conveyed, the expansion of flood hazard areas would be tremendously impactful to residents and businesses, especially those who reside in mobile home parks. Thank you for your consideration and review of these concerns.
Sincerely,
Mari Rodin, Mayor, City of Ukiah
Enclosed: City of Ukiah FEMA Map Revision Review; GHD and Northern Hydrology & Engineering; March 8, 2023
1 Unintended Consequences of “Mandatory” Flood Insurance Kristian S. Blickle and João A. C. Santos Federal Reserve Bank of New York Staff Reports, no. 1012 April 2022 JEL classification: G21, G28, Q5, Q54 ATTACHMENT #3 Page 320 of 645 U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, California 94607
www.fema.gov
March 23, 2023
The Honorable Mari Rodin
Mayor, City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482
Dear Mayor Rodin:
This letter acknowledges receipt of the submittal dated March 14, 2023, from Tim Eriksen, PE, City Engineer and Director of Public Works, City of Ukiah. The submittal is in regard to the preliminary Flood Insurance Rate Map (FIRM) panels for Mendocino County dated April 29, 2022. The submittal was received prior to the deadline listed in the letter from the Federal Emergency Management Agency (FEMA) dated November 30, 2022, and involves flood hazards along Doolin, Gibson, and Orrs Creeks through out Ukiah.
The following were received on March 15, 2023:
• Questions on the hydrology and hydraulic approaches used by FEMA for the April 29, 2022, preliminary products;
• Comment regarding technical and scientific accuracy with hydraulic modeling, in particular the water flow between one-dimensional and two-dimensional models including a March 8, 2023, memordandum from GHD to the City of Ukiah; • Comment from a private licensed civil engineer and land surveyor in Ukiah regarding the proposed changes to the FIRM in and around Ukiah;
• Previous Letter of Map Revision for Orrs Creek; and
• A letter from the Mayor of Ukiah to Congressman Jared Huffman.
FEMA will evaluate the issues raised in the referenced correspondence and submittal. If additional data or information are required to resolve the submittal, FEMA will contact your community. If warranted, FEMA will revise the preliminary FIRM panels and Flood Insurance Study (FIS) report and send revised copies to your office for review.
Until this submittal is resolved, FEMA will not issue a Letter of Final Determination finalizing the preliminary flood maps and report. Therefore, processing of the updated FIRM panels and FIS report for your community will not be finalized until that time.
The Honorable Mari Rodin
March 23, 2023
We appreciate your community’s submittal and commitment to having the most accurate flood hazard information available reflected on the FIRM panels and in the FIS report. If you have any questions regarding this matter, please contact Eric Simmons, Regional Engineer, of my office by telephone at (510) 928-5531 or by e-mail at [email protected].
Sincerely,
Michael J. Bishop
Acting Risk Analysis Branch Chief
Mitigation Division
FEMA Region 9
cc: Tim Eriksen, Director of Public Works/City Engineer, City of Ukiah Ted Williams, Chair, Mendocino County Board of Supervisors Julia Krog, Director of Planning and Building Services, Mendocino County Kelly Soule, State NFIP Coordinator, California Department of Water Resources Mike Mierzwa, State Floodplain Manager, California Department of Water Resources MD Haque, State Floodplain Mapping Lead, California Department of Water Resources
Agenda Item No: 8.i.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2532
AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of a Three-Year SCADA Software Subscription Renewal for the Water Treatment Plant with E&M Electric in the Amount of $63,545.
DEPARTMENT: Water Resources PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Sean White, Director of Water Resources
ATTACHMENTS:
1. E & M Quote
Summary: Council will consider approving the purchase of a three-year SCADA software subscription renewal for the Water Treatment Plant with E&M Electric for the amount of $63,545.
Background: The AVEVA Flex software subscription allows Water Treatment Plant Staff access to detailed information requests, alarms and remote access that enables swift response to critical operational issues as they arise during the operation of the treatment plant.
Discussion: Provided as Attachment 1 is a quote from E&M Electric for a three-year software subscription renewal for the amount of $63,545. This is the most cost-effective way to purchase this software subscription. Please note that although the quote states the software pricing will increase at the end of March, the manufacturer has committed to holding this price until April 6, 2023. It is Staff's recommendation that the Council approve this purchase.
Recommended Action: Approve the purchase of a three-year SCADA software subscription renewal for the Water Treatment Plant with E&M Electric for the amount of $63,545.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 82027111.52100: $66,687
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Water Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: David Mendez, Buyer; Michelle Wagnet, Water Treatment Plant Supervisor DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
ATTACHMENT 1
Agenda Item No: 8.j.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2536
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Nomination and Possible Adoption of a Resolution Appointing Joe Scriven to the Public Spaces Commission.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. City Code Sections
2. Application
3. Memo - Nomination - Joe Scriven
4. Proposed Resolution
Summary: Council will review and consider nominating, and possibly adopting a resolution appointing Joe Scriven to the At-large City Resident position on the Public Spaces Commission.
Background: The Public Spaces Commission (PSC) was established February 2, 2022 (see Attachment 1 for City Code Sections), and was a reformation of the Parks, Recreation, and Golf Commission (PRGC) and the Paths, Open Spaces, and Creeks Commission (POSCC). There are currently three vacancies on the sevenmember commission, creating a narrow margin in respect to quorums for PSC meetings. The vacancies have been noticed online, in the glass cabinet in front of the civic center, in the Public View Binder, and at the County Library since May 20, 2022; and with a general Boards and Commissions vacancy notice in the Ukiah Daily Journal on July 5, 2022.
Discussion: The City Clerk’s office has received an application from Joe Scriven (Attachment 2) that meets the residency requirements, with no other applications having been received. Vice Mayor Duenas, being the next in line to make a nomination to the PSC, has submitted a nomination (Attachment 3) for Joe Scriven's appointment. Therefore, Staff is recommending that Council adopt the resolution (Attachment 4) appointing Joe Scriven to the At-large City Resident position on the Public Spaces Commission, term to expire on April 5, 2026.
Recommended Action: Adopt Resolution appointing Joe Scriven to the At-large City Resident position on the Public Spaces Commission, term to expire on April 5, 2026.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.
CLIMATE INITIATIVES (CI):
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ATTACHMENT 2
MEMORANDUM
Date: April 5, 2023
To: Kristine Lawler, City Clerk
From: Josefina Duenas, Vice Mayor
Subject: Nomination for Public Spaces Commission
I nominate Joe Scriven for the Public Spaces Commission as an At-large City Representative, to be considered at the April 5, 2023, Regular City Council meeting.
Signature ______________________________
ATTACHMENT 3
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING JOE SCRIVEN TO
THE PUBLIC SPACES COMMISSION
WHEREAS, The Public Spaces Commission (PSC) was established February 2, 2022; and WHEREAS, the vacancies have been noticed online, in the glass cabinet in front of the civic center, in the Public View Binder, and at the County Library since May 20, 2022; and with a general Boards and Commissions vacancy notice in the Ukiah Daily Journal on July 5, 2022; and WHEREAS, the City Clerk’s office has received an application from Joe Scriven that meets the residency requirements; with no other applications having been received; and WHEREAS, the City Clerk’s office has received a nomination from Vice Mayor Duenas for the appointment of Joe Scriven.
NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council does hereby appoint the following person and term:
BOARD/
COMMISSION
NAME POSITION TERM ENDING
Public Spaces Commission Joe Scriven At-large City
Representative 4/5/2026
PASSED AND ADOPTED this 5th day of April, 2023, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Mari Rodin, Mayor
ATTEST:
__________________________________
Kristine Lawler, City Clerk
ATTACHMENT 4
Agenda Item No: 8.k.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2537
AGENDA SUMMARY REPORT
SUBJECT: Approval of Assignment of Agreement for Web-based Electric Vehicle Resource Toolkit and Design Services to CLEAResult Consulting Inc. and Authorize the City Manager to Execute any Corresponding Documents.
DEPARTMENT: Electric Utility PREPARED BY: Diann Lucchetti, Administrative Secretary PRESENTER: Diann Lucchetti, Electric Utility Program
Coordinator
ATTACHMENTS:
1. Yenter - EV Web-base Resource 2122-142 - Contract - signed
2. Acquisition of ChooseEV - CLEAResult Consulting Inc.
Summary: The City Council will consider approving an assignment of agreement for Web-based Electric Vehicle resource toolkit and design services from Yenter Group Corporation to CLEAResult Consulting Inc., and authorizing the City Manager to execute any corresponding documents.
Background: On October 20, 2021, the City Council approved the contract expenditure with Yenter Group Corporation to provide a web-based electric vehicle resource toolkit (Attachment 1). The Yenter Group Corporation is a marketing service and technology company that develops digital media services that delivers educational content. The Yenter Group is also the owner/manager of the 'ChooseEV' software platform that provides Ukiah city customers with information about operating and owning an electric vehicle, as well as providing tools and information, including a Q & A forum, cost and carbon calculators, and other data that can be helpful when considering electric vehicles.
Ben Yenter, Senior Practice Consulting Director of Yenter Group Corporation recently notified the Electric Utility Department of his intentions to sell Yenter Group Corporation to CLEAResult Consulting Inc. CLEAResult has agreed to honor and perform all obligations under the terms and conditions outlined in the original agreement as per their Acquisition Letter (Attachment 2).
Discussion: The Electric Utility has been happy with the ChooseEV product from the Yenter Group, and would like to continue the relationship with the new owner, CLEAResult Consulting. Staff recommends approval of the assignment and authorization for the City Manager to sign the Agreement.
Recommended Action: Approve assignment of agreement for web-based electric vehicle resource toolkit and design services from Yenter Group Corporation to CLEAResult Consulting Inc., and authorize the City Manager to execute any corresponding documents.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80026400.52100: $143,800
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Electric Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Yenter Group Contract No. 2122-142 COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 2e – Educate the public about the dangers of idling vehicles. 6a – Develop a web page with informational and educational resources.
COU No. 2122-142
Yenter - EV Web-base Resource 2122-142 -
Contract
Final Audit Report 2021-10-21
Created: 2021-10-06
By: Kristine Lawler ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAADWrgs2B_xHxZGgq19DYTVmt_NxxAyCx0 "Yenter - EV Web-base Resource 2122-142 - Contract" History Document created by Kristine Lawler ([email protected]) 2021-10-06 - 9:58:58 PM GMT- IP address: 12.12.163.2
Document emailed to MARY HORGER ([email protected]) for approval 2021-10-06 - 9:59:50 PM GMT
Email viewed by MARY HORGER ([email protected])
2021-10-07 - 6:08:33 PM GMT- IP address: 23.134.144.248 Document approved by MARY HORGER ([email protected]) Approval Date: 2021-10-08 - 0:41:54 AM GMT - Time Source: server- IP address: 23.134.144.248 Document emailed to Darcy Vaughn ([email protected]) and David Rapport ([email protected]) for approval. One of them to approve 2021-10-08 - 0:41:56 AM GMT
Email viewed by Darcy Vaughn ([email protected]) 2021-10-08 - 6:04:28 PM GMT- IP address: 73.223.12.193
Document approved by Darcy Vaughn ([email protected]) Approval Date: 2021-10-08 - 6:07:49 PM GMT - Time Source: server- IP address: 73.223.12.193 Document emailed to Sheri Mannion ([email protected]) for approval 2021-10-08 - 6:07:51 PM GMT
Email viewed by Sheri Mannion ([email protected]) 2021-10-14 - 4:12:40 PM GMT- IP address: 76.102.207.5
Document approved by Sheri Mannion ([email protected]) Approval Date: 2021-10-14 - 4:13:00 PM GMT - Time Source: server- IP address: 76.102.207.5
Document emailed to Sage Sangiacomo ([email protected]) for signature 2021-10-14 - 4:13:02 PM GMT
Email viewed by Sage Sangiacomo ([email protected]) 2021-10-14 - 4:13:18 PM GMT- IP address: 12.12.163.2
Document e-signed by Sage Sangiacomo ([email protected]) Signature Date: 2021-10-21 - 7:34:56 PM GMT - Time Source: server- IP address: 12.12.163.2 Agreement completed.
2021-10-21 - 7:34:56 PM GMT
We change the way people use energy™
clearesult.com
To Whom It May Concern:
All outstanding shares of Yenter Group Corporation d/b/a ChooseEV was sold by Ben Yenter and purchased by CLEAResult Consulting Inc. on May 9, 2022, resulting in CLEAResult Consulting Inc. being the sole shareholder of Yenter Group Corporation.
Other than the change of control, no material change has been made to the operation of Yenter Group Corporation d/b/a ChooseEV. We confirm that no new entities were formed in connection with this transaction.
Thank you.
Sincerely,
Thomas E. Kim
Corporate Counsel
CLEAResult
Attachment 2
Agenda Item No: 8.l.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2539
AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract Amendment with Ukiah Waste Solutions for Biosolids Removal at the Wastewater Treatment Plant.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Director of Water and Sewer
ATTACHMENTS:
1. Original Contract
2. Amendment 1-5
3. Amendment 6
Summary: Council will consider approving a contract amendment with Ukiah Waste Solutions for Biosolids Removal at the Wastewater Treatment Plant.
Background: The City of Ukiah’s Waste Water Treatment Plant (WWTP) treats and processes approximately 1,700 tons of biosolids annually. Biosolids produced at the Wastewater Treatment Plant are treated to meet Class “B” requirements per EPA 40 CFR, 503.
Biosolids are dewatered on a belt filter press with solids content 18% or greater. The biosolid hauling services consist of leaving a trailer or drop box at the treatment plant to allow loading at Staff’s convenience. When the container is full, the contractor is called to remove and route the biosolids for an accepting, pre-approved disposal site.
Discussion: On December 16, 2015, Council approved a two-year contract with Ukiah Waste Solutions for the removal of biosolids; please see Attachment 1 for a copy of the contract. Starting on December 20, 2017, an amendment has been processed annually extending the length of the contract and revising the price per ton; please see attachment 2 for a copy of these amendments. The current amendment (Attachment 3) is likely to be the last year that the City will require these services from Ukiah Waste Solutions. Two new pieces of machinery were purchased for the WWTP, the Screw Press Dewatering System and Suspended Air Flotation (SAF) and a bid for the installation and instrumentation for these systems is scheduled for May. Once these systems are in place, the need to dispose of the toxic biosolids created in the existing process will be eliminated.
Staff is requesting approval to amend the existing contract for one additional year, increasing the cost from $59.00 per ton to $74.05 per ton. Please see Attachment 3 for a copy of the proposed Amendment 6.
Recommended Action: Approve contract amendment with Ukiah Waste Solutions for Biosolids Removal at the Wastewater Treatment Plant.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 1516-143
COORDINATED WITH: Sean White, Director of Water and Sewer and Mary Horger, Financial Services Manager
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
ATTACHMENT 1
ATTACHMENT 2
COU No. 1516-143-A4
Apr 6, 2021
Kristine Lawler (Apr 7, 2021 11:33 PDT)
Kristine Lawler
Apr 7, 2021 Page 392 of 645
Mar 21, 2022
Kristine Lawler ( Mar 21, 2022 09: 47 PDT)
Kristine Lawler Mar 21, 2022
COU No. 1516-143-A5
CITY OF UKIAH
AMENDMENT NO. 6
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
UKIAH WASTE SOLUTIONS and THE CITY OF UKIAH
This Amendment No. 6, entered on March 29, 2023, revises the Agreement for construction material and compaction testing services dated March 30, 2015 between the City of Ukiah and Ukiah Waste Solutions, as follows.
1. Contract price: Unit price will be revised from $59.00 per ton to $74.05 per ton.
2. Contract Term: Contract term will be extended to December 31, 2023.
3. Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AMENDMENT ON THE EFFECTIVE DATE:
UKIAH WASTE SOLUTIONS
BY: DATE:
PRINT NAME:
CITY OF UKIAH
BY: DATE:
SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:
KRISTINE LAWLER, CITY CLERK
ATTACHMENT 3
Agenda Item No: 12.a.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2503
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Prezoning City-Owned Properties within Unincorporated Mendocino County, Introduction of Ordinance by Title Only Establishing Prezoning Districts, and Approval of Community Development Director Determination that the Aforementioned Actions Qualify for a CEQA Exemption.
DEPARTMENT: Community
Development
PREPARED BY: Jesse Davis, Planning Manager
PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:
1. City Owned Annexation - List of Parcels & Prezoning Maps
2. County Maps
3. City Maps
4. City Owned Annexation - Previous Resolutions
5. City Owned Annexation - CEQA Documentation
6. Prezone Resolution - City Council
7. Prezone Ordinance - City Council
Summary: Within the City of Ukiah's Sphere of Influence (SOI), the City owns and utilizes 16 unincorporated properties for public purposes. In 2021, to realize tax savings from incorporation, the City submitted an application for annexation (File No. A-2021-01) to the Mendocino Local Agency Formation Commission (LAFCo). The proposed prezoning of these City-owned parcels is a subsequent application component that will be included in an updated submittal to LAFCo.
Background: On November 4, 2020, the City Council adopted Resolution No. 2020-61. By adopting this resolution, the City of Ukiah approved submittal to the Mendocino Local Agency Formation Commission (LAFCo) an application that requested annexation of previously acquired properties utilized for public purposes. The application for annexation was subsequently submitted to LAFCo on March 23, 2021. As part of that review, clarifications and corrections were requested by LAFCo to rectify errant assessor parcel numbers and incorrectly identified properties. For the remainder of 2021, Staff worked to address LAFCo's requested clarifications and needed corrections.
On January 19, 2022, the City Council adopted Resolution No. 2022-04, which allowed a revised application to be submitted to LAFCo. Since that time, Staff has worked to address additional clarifications and corrections requested by LAFCo and County staff. At this stage, the clarifications and corrections are not particular to the parcels identified for annexation, but rather ancillary issues, such as taxes, as well as metes and bounds revisions not associated with the parcels identified for annexation.
On March 22, 2023, the Planning Commission unanimously adopted Resolution No. 2023-02, recommending Council approval of the proposed prezoning for the City-owned annexation application. While Prezoning these parcels is not required or identified as an incomplete consideration for LAFCo File No. A-2021-01, Staff seeks to clarify the applied zoning for parcels with active agricultural considerations, as well as to ensure that this annexation request remains active.
Discussion: The proposed prezoning of 16 City-owned parcels is a consideration that will be included in an updated application to LAFCo (File No. A-2021-01). Additionally, Staff will provide LAFCo staff with updated
plat maps and legal descriptions, as well as the most recently adopted Sphere of Influence map and information from the Ukiah 2040 General Plan to encourage a hearing before LAFCo Commissioners.
The parcels identified for prezoning are located southeast, northeast, and west of the City and are conveyed as five separate “Areas”. These areas, uses and APNs are summarized below. A comprehensive list of the parcels and proposed prezoning maps are included in Attachment 1. • Area 1 (APN 178-130-01): Previous landfill site on Vichy Springs Road. • Area 2 (APNs 156-240-02 and 156-240-13): Undeveloped parcels at the headwaters of Gibson Creek. • Area 3 (APNs 003-330-68, 003-330-69 and 003-330-70): Parcels adjacent to the Ukiah Municipal Airport containing airport hangers.
• Area 4 (APNs 184-080-36; 184-080-37; 184-090-01; 184-090-07;184-100-04; 184-80-40; 184-100-05; and 184-090-06): Parcels adjacent to the City’s Wastewater Treatment plant in the Plant Road area.
Currently used for recycled water distribution, as well as ongoing lease agreements for agricultural purposes.
• Area 5 (APNs 184-150-01 and 184-140-13): Parcels adjacent to the City’s Wastewater Treatment plant in the Plant Road area that contain wastewater reclamation ponds, as well as a refuse transfer station.
Maps of these identified parcels are provided in Attachments 2 and 3. Government Code §65859 and Ukiah City Code §9267 permits the City to adopt a zoning district for land outside of the city limits in anticipation of annexation and development (i.e., prezone). Under the provisions of the Government Code, the zoning district adopted by the City does not become effective unless and until the land is annexed. The properties identified feature active public utilities or services owned or operated by the City of Ukiah, such as the wastewater treatment plant and ponds, recycled water system, solid-waste transfer, or aircraft hangers. Others are currently preserved as open space for conservation or remediation, such Area 2 (Gibson Creek), which features a Remote Spawning Incubator (RSI), and Area 1 (former Vichy Hills Landfill). As such, Staff proposes that the City prezone all properties as Public Facilities (PF), and will add an Agricultural Combining District (-A) to properties featuring active agricultural operations.
General Plan and Zoning Consistency
Public (P) Land Use Designation: All of the identified City-owned parcels are assigned a Public land use designation under the 2040 General Plan Land Use Map (Attachment 3). As described in Table 2-1 of the 2040 General Plan, the P land use designation is intended to identify land owned by public agencies including the City, County, school districts, and special districts, as well as quasi-public utilities such as Pacific Gas & Electric. The Public designation identifies facilities that are unlikely during the life of the General Plan to be considered surplus property because of the extent or nature of the existing facility. The P classification is the equivalent of the County's Public Lands and Public Services classification. Typical uses within the P designation include the following: government buildings; libraries; water, wastewater, and drainage facilities; transportation and utility facilities; compatible public buildings; and natural resource areas.
Public Facilities (PF) Zoning Designation: As noted in Ukiah City Code (UCC) §9170, the PF zoning district is intended to be applied to properties which are used for or are proposed to be used for public or quasi-public purposes or for specified public utility purposes. The following uses are listed as allowed within the PF zoning district: airports and aviation related functions and uses; public schools, civic centers and fairgrounds; conservation and natural resource conservation areas; historical sites and monuments; parks and recreation areas and facilities; public gardens; public utility facilities and uses. Because the parcels contain similar municipal uses (as described above) and are identified as having a P land use designation in the 2040 General Plan, the PF zoning designation is appropriate.
Agricultural Combining District (-A): As noted in UCC §9125, the -A district may be combined with any district or portion of a district where agricultural uses exist. Because five of the parcels contain agricultural uses (leased by the City) and the City wishes to protect such agricultural lands, the - A district is proposed to be
applied to those parcels (APNs 184-090-06184-080-36, 184-080-37, 184-090-01 and 184-090-07). As noted in Table 2-2 of the 2040 General Plan, the -A Combining District is identified as a zoning district that is compatible with the P land use designation.
California Environmental Quality Act (CEQA)
The proposed project (adoption of a resolution and an ordinance to prezone the parcels) is subject to the California Environmental Quality Act (CEQA). As noted in the Background section, on January 21, 2022, a Notice of Exemption (NOE) for annexation of the City-owned properties (associated with adoption of Resolution No.2022-04) was filed with the Mendocino County Clerk/Recorder’s office, deeming the project to be categorically exempt from further review, in accordance with CEQA Guidelines §15320, Change in Organization. All previous resolutions, including those from the most-recent Planning Commission, are contained in Attachment 4. The NOE also references CEQA Guidelines §15319, Annexation of Existing Facilities. Copies of the previous NOEs is included in Attachment 5.
Furthermore, the City-owned annexation was identified within the Ukiah 2040 General Plan as one of three areas the City is proposing for annexation. Specifically, the City-owned annexation area is identified as “Annexation Area A” with P land use designations applied (see Chapter 2, Project Description, and General Plan Figure 2-1, 2040 Land Use Map). Impacts associated with annexation of City-owned parcels and new land use designations (with presumed corresponding zoning designations) were analyzed throughout the Environmental Impact Report (EIR; Chapter 4, Environmental Impact Analysis). The EIR specifically notes that if expansion of facilities and services are proposed in the future, additional CEQA may be required. The Notice of Determination (NOD) for the General Plan EIR was filed with the State Clearinghouse and County Clerk/Recorder on December 8, 2022. A copy of the NOD is included in Attachment 5. The proposed prezoning of 16 city-owned parcels associated with the annexation request is consistent with the analysis within the EIR.
Although CEQA has been completed for the City-owned annexation, Staff will prepare a Notice of Exemption (NOE), consistent with CEQA Guidelines §15320(a), Change In Organization and §15319, Annexation of Existing Facilities, upon Council approval of the resolution(s) to formalize the updated considerations associated with the annexation application noted throughout this Staff Report; the updated NOE will be provided to LAFCo as a part of the resubmittal. Consistent with CEQA Guidelines §15319 and §15320, the proposed annexation (and prezoning) includes city-owned properties containing existing public facilities that would not change the geographical area in which previously existing powers are exercised.
Staff recommends Council: 1) Adopt a Resolution to Prezone Sixteen (16) Parcels (Attachment 6); 2) Introduce by Title Only an Ordinance to Establish Prezoning Districts (Attachment 7); and 3) Approve the Community Development Director’s Determination that the Aforementioned Actions Qualify for a CEQA Exemption.
Recommended Action: 1) Adopt a Resolution to Prezone Sixteen (16) Parcels; 2) Introduce by Title Only an Ordinance to Establish Prezoning Districts; 3) Approve the Community Development Director’s Determination that the Aforementioned Actions Qualify for a CEQA Exemption.
BUDGET AMENDMENT REQUIRED:N/A
CURRENT BUDGET AMOUNT:N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Craig Schlatter, Community Development Director GENERAL PLAN GOALS AND POLICIES: Multiple
CLIMATE INITIATIVES (CI): N/A
APN Owner SITUS Acreage Info - County PBS County Zoning County General Plan Proposed General Plan Proposed Zoning Area Number Current Status Public Facilities Use Water
District
Sanitation
District
Airport
Zone
178-130-01 City of Ukiah 3100 Vichy Springs Road ±300
APN: 178-130-01
Acres: 301.2
Property Address: 3100 VICHY SPRINGS RD
Owner: CITY OF UKIAH
Public Facilities (PF) Public Services Public (P) Public Facilities (PF) 1 Previous Landfill Refuse disposal/recycling areas, and refuse transfer stations and similar uses.
N/A N/A None
156-240-02 City of Ukiah N/A ±1
APN: 156-240-02
Acres: 1.00±
Property Address: N/A
Owner: CITY OF UKIAH
Upland Residential
(UR:40) Remote Residential (RMR40) Public (P) Public Facilities (PF) 2 Open-Space Conservation and natural resource conservation areas N/A N/A OAE 156-240-13 City of Ukiah 1970 W Standley Ave 33.8
APN: 156-240-13
Acres: 33.8
Property Address: 1970 WE STANDLEY AVE
Owner: CITY OF UKIAH
Upland Residential
(UR:40) Remote Residential (RMR40) Public (P) Public Facilities (PF) 2 Open-Space Conservation and natural resource conservation areas N/A N/A OAE 003-330-68 City of Ukiah 1601 S State Street 1.9
APN: 003-330-68
Acres: 1.9±
Property Address: 1601 SO STATE ST
Owner: CITY OF UKIAH
Limited Commercial
(C1) Commercial Public (P) Public Facilities (PF) 3 Airport Airports and aviation-related functions and uses Willow Water UVSD Zones 5 &6
003-330-69
Aviation Ukiah
(Leased) 1601 S State Street 0
APN: 003-330-70
Acres: 0.00±
Property Address: 1601 SO STATE ST
City: UK
Leasee: AVIATION UKIAH
Limited Commercial
(C1) Commercial Public (P) Public Facilities (PF) 3 Airport Airports and aviation-related functions and uses Willow Water UVSD Zones 5 &6
003-330-70
Aviation Ukiah
(Leased) 1601 S State Street 0
APN: 003-330-69
Acres: 0.00±
Property Address: 1601 SO STATE ST
City: UK
Leasee: AVIATION UKIAH
Limited Commercial
(C1) Commercial Public (P) Public Facilities (PF) 3 Airport Airports and aviation-related functions and uses Willow Water UVSD Zones 5 & 6
184-080-36 City of Ukiah 341 Norgard Lane 2.8
APN: 184-080-36
Acres: 2.80±
Property Address: 341 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); AgriculturalCombining (-A) 4 Recycled Water
Distribution;
Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A N/A Zones
3 & 6
184-080-37 City of Ukiah 341 Norgard Lane 4.5
APN: 184-080-37
Acres: 4.50±
Property Address: 341 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water Distribution; Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A UVSD Zone 3
184-090-01 City of Ukiah N/A 4
APN: 184-090-01
Acres: 4.00±
Property Address:
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water
Distribution;
Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A UVSD Zone 3
184-090-07 City of Ukiah N/A 13.92
APN: 184-090-07
Acres: 13.92±
Property Address: N/A
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water Distribution; Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A N/A Zones
3 & 6
184-100-04 City of Ukiah N/A 10.52
APN: 184-100-04
Acres: 10.52±
Property Address: N/A
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 4 Recycled Water Distribution; Recycled Water Distribution N/A N/A Zone 3 184-080-40 City of Ukiah 381 Norgard Lane 0.12
APN: 184-080-40
Acres: 0.12±
Property Address: 381 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 4 Recycled Water Distribution; Recycled Water Distribution N/A UVSD Zone 3 184-100-05 City of Ukiah 300 Plant Road 15.45
APN: 184-100-05
Acres: 15.45±
Property Address: 300 PLANT RD
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 4 Existing North Waste Water Pond Public utility facilities and uses (Wastewater) N/A N/A Zones 3 & 6
184-090-06 City of Ukiah 217 Norgard Lane 14.05
APN: 184-090-06
Acres: 14.05±
Property Address: 217 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water
Distribution;
Recycled Water Distribution Ongoing lease for agricultural purposes per GC 37382
N/A UVSD Zone 3
184-150-01 City of Ukiah 3495 Taylor Drive 43
APN: 184-150-01
Acres: 43.00±
Property Address: 3495 TAYLOR DR
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 5 Existing South Waste Water Pond Public utility facilities and uses (Wastewater) N/A N/A Zone 6 184-140-13 City of Ukiah 3151 Taylor Drive 4.05
APN: 184-140-13
Acres: 4.05±
Property Address: 3151 TAYLOR DR
Owner: CITY OF UKIAH
General Industrial (I2) Industrial Public (P) Public Facilities (PF) 5 Existing Solid Waste Transfer Station
Refuse disposal/recycling areas, and refuse transfer stations and similar uses.
Willow
Water UVSD Zones
2, 4, & 6
ATTACHMENT 1
Ukiah
SR
SR:PD:CR
R1
SR
C2:CR
PF
RL:CR
SR:PD
I2
RR1:PD
RR1
R1
PF
AG 40
I1
I1
Zoning Map-Area 1
Maxar
Incorporated City Limits
Major Towns & Places
Zoning Classifications
AG 40
C1
C2
C2:CR
I1
I2
PF
RC
RL
RL:CR
R1
R3:CR
RR1
RR1:PD
RR5
SR
SR:PD
SR:PD:CR
R3:PD
3/13/2023, 2:48:40 PM
0 0.23 0.45 0.9 mi
0 0.38 0.75 1.5 km
1:36,112
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
UR 40
PF 15624002
15619003
15624011
15624009
15622003
15617003 15619001
15617011
15625002
15625001
15624001
15623003
15622004
Zoning Map-Area 2
Maxar
Incorporated City Limits
Zoning Classifications
PF
RL
UR 40
Assessor's Parcels
3/13/2023, 3:02:06 PM
0 0.1 0.2 0.4 mi
0 0.17 0.35 0.7 km
1:18,056
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
C1
C2
R3
C1
00343045
00343076
18019012
00343063
18020001
00333061
00333063
00343065
00343081
00335031
18020023
00333069
00333039
00343042
00331004
00331006
00342035
00333065
00343021
00331007
18020024
18019003
00335037
00333070
00333060
00333068
00343024
00333067
00343074
00333044
00343023
00331009
18020022
00335039
00335038
00333064
00331010
00343064
00343053
00343068
00333059
00343066
00343077
00333062
00331008
Zoning Map-Area 3
Maxar
Incorporated City Limits
Zoning Classifications
C1
C2
R1
R2
R3
Assessor's Parcels
3/13/2023, 3:46:57 PM
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.19 km
1:4,514
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
I1 I1
C1
C1
I1
C2
I1
R3
AG 40
I2
C2
C2:CR
C1
SR
18208007
18208002
18414015
18414014
18417007
18503012
18502007
18413032
18414008
18417011
18415001
18417008
18414005
18411012
18414017
18416001
18417002 18413033
18411028
18414011
18413015
18413030
18411029
18406202
18404121
18408004
18406215
18410007
18012016
18412009
18303003
18410005
18407011
18404408
18406103 18406311
18408033
18408037
18410008
18011012
18409007
18410011
18304001
18411026
18303002
18404216 18409006 18407016
18012017
18411027
18411024
18410004
18204001
18409001
18408011
18302003
18404310
18405411
18011007
18305001
18407015
18012018
18012003
18406112
18302002
18012015
18309001
18307001
18310008
18310011
18310007
18308001
18306002
18310009
18306001
18310010
18210001
00335039
18412013
00335036
18405306
00333062
00335032
Zoning Map-Areas 4 & 5
Maxar
Incorporated City Limits
Zoning Classifications
AG 40
C1
C2
C2:CR
I1
I2
R1
R3
RR5
SR
UR 40
Assessor's Parcels
3/13/2023, 3:55:34 PM
0 0.1 0.2 0.4 mi
0 0.17 0.35 0.7 km
1:18,056
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
!!!
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£¤101
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Orr Spring s Road
Low Gap Road
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Ac ker m a n C reek
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Talmage
Ukiah
Sources: Esri, HERE, DeLorme, increment P Corp., NPS, NRCan, Ordnance Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:40,000
0 1,625 3,250 Feet
0 0.3 0.6 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.
DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2018 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey. !!! Major Towns & Places
City Limits
Highways
Major Roads
AREA #1
PROJECT AREA LOCATIONS
AREA #2
AREA #3
AREA #4
AREA #5
ATTACHMENT 2
Area #1
B
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SARATOGA
COURT
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ROAD
ARDESCH
COURT
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C O U R T
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APPOLINARIS
DRIVE
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WAY
H owa rd Cr eek
S ulphur C reek
Sources: Esri, HERE, DeLorme, increment P Corp., NPS, NRCan, Ordnance Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:12,000
0 500 1,000 Feet
0 0.075 0.15 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
Public Roads
Private Roads
AERIAL IMAGERY
TOPOGRAPHIC MAP CONTOUR INTERVAL IS 40 FEET
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
B
A
R
TLE
T
C
O
U
R
T
SARATOGA
COURT
T EHUACAN
ROAD
ARDESCH
COURT
ST. YOR RE
COUR T
C A T A LA N
C O U R T
CELESTIN
COURT
AN
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A
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W I LDW
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ROA
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DE ERWOOD DRI VEEX T ENSION
APPOLINARIS
DRIVE
VICHY SPRINGS ROAD
LUFF
COU
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C
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FAWNWOOD
DRI VE
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EDICIN
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WAY
H owa rd Cr eek
S ulphur C reek
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:12,000
0 500 1,000 Feet
0 0.075 0.15 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
Public Roads
Private Roads
AERIAL IMAGERY
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
178-210-02
ASHOFFGILBERT & MARJORIE
82.64 A±
178-110-11
SMITHTIMOTHY
57.46 A±
178-120-02
WOLF DEVRA L /
18 A±
189-010-14
HARM
O
N PATRICK ATTEE
139.42 A±
178-200-01
SHAW FAMILY PARTNERSHIP
120.17 A±
178-200-02
KRAEMER LELAN
D S &
DARLENE
55.46 A±
189-040-01
ASHOFFGILBERT & MARJORIE
287.32 A±
189-010-07
ASH
OFFGILBERT &
MARJORIE
310.89 A±
178-210-01
CITYOFUKIAH INC
96.82 A±
178-220-06
BRIGHT WILLIAM CLIFTON
85 A±
189-040-11
BRIGHT WILLIAM CLIFTON
142 A±
178-200-05
UNITED
STATES
OF AMERICA
T
42.35 A±
178-220-08
NGUYEN KEVIN D
97 A±
178-140-08
HOOPER RANCH LLC
103 A±
178-090-08
STEELE ISRAEL L
8 A±
178-060-22
STEELE ISRAEL L
78.5 A±
178-130-01
UKIAH CITYOF
283.5 A±
178-120-03
HOOPER RANCH LLC
276.3 A±
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:12,000
0 500 1,000 Feet
0 0.075 0.15 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ADJACENT PARCELS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
LUFF
COURT
PERRIER
COURT
FAWNWOOD
DR IVE
MEDICINE
WAY
B
A
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T
C
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U
R
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SARATOGA
COURT
T EHUACAN RO A D
ARDE SCH
COU R T
ST. YORRE
COURT
CA T A L AN
CO UR T
CELE ST IN
CO URT
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ROA D
DEER WO O D D R IVE EXT ENSION
APPOLINAR IS
DRIVE
VICHY SPR INGS ROA D
RL:CR
PF
RR1:PD
SR:PD:CR
RL
RR1
RR5
SR:PD
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:12,000
0 500 1,000 Feet
0 0.075 0.15 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ZONING DISPLAY MAP
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
Zoning Districts
Cannabis Prohibition (CP) Districts
Public Roads
LUFF
COURT
PERRIER
COURT
FAWNWOOD
DR IVE
MEDICINE
WAY
B
A
R
TLE
T
C
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SARATOGA
COURT
T EHUACAN RO A D
ARDE SCH
COUR T
ST. YORRE
COURT
CA T A L AN
CO UR T
CELE ST IN
CO URT
ANTLER
ROAD
WILDW O
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DEER WOOD DR I VE EX TENSION
APPOLINAR IS
DRIVE
VICH Y SPRING S R
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PS
RL 160
RR 1
RR
1-PD
RR 5
SR
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:12,000
0 500 1,000 Feet
0 0.075 0.15 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
GENERAL PLAN CLASSIFICATIONS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
General Plan Classes
Public Roads
MILLVIEW COUNTY
WATER DISTRICT
ROGINA WATER
COMPANY
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:12,000
0 500 1,000 Feet
0 0.075 0.15 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
WATER DISTRICTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey. ,,,,, ,,,,, ,,,,,Russian River Flood District
County Water Districts
U
KIAHVALLEY
SANITATION
DISTRICT
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ
S2020-0001
RanchoYokayoLP
184-110-28,29,184-120-01,21
Guillon,Inc.
JakeMorley
3000S.StateStreet,Ukiah
1:12,000
05001,000Feet
00.0750.15Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
SANITATIONDISTRICTS
THISMAPANDDATAAREPROVIDEDWITHOUTWARRANTYOFANYKIND.
DONOTUSETHISMAPTODETERMINELEGALPROPERTYBOUNDARIES
MapproducedbytheMendocinoCountyPlanning&BuildingSvcs.Dept.,March2023 CoordinateSystem:NAD83,Calif.StatePlaneZoneII
Projection:LambertConformalConic
ParcelData:MendocinoCountyInformationServices,October,2022 AerialImagery:USDept.ofAgriculture/ArcGISOnlinemosaic
TopographicData:USGS7.5minutequadseriesMountDiabloBase&Meridian Parcelnumbersarefortaxpurposesonlyanddonotrepresentlegalorsalableparcels.
Allspatialdataisapproximate.Thismapisnotasubstituteforaproperlandsurvey.
No. 0069
No. 0051
No.
0871
No. 0067 No. 0255 No. 0255
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:12,000
0 500 1,000 Feet
0 0.075 0.15 Miles
Williamson Act Lands 051421
TYPE
NonPrime
NonRenewal
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
LANDS IN WILLIAMSON ACT CONTRACTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey. " " " " " "
"
" " " " Contract Boundaries
Area #2
City of Ukiah
Gibson Cree k
Sources: Esri, HERE, DeLorme, increment P Corp., NPS, NRCan, Ordnance Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
AERIAL IMAGERY
TOPOGRAPHIC MAP CONTOUR INTERVAL IS 40 FEET
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
City of Ukiah
Gibson Cree k
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
AERIAL IMAGERY
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
001-030-03
NIX JAMES R & AN
NE MTTEES
0 A±
156-240-02
CITYOFUKIAHTHE
1A±
156-240-13
CITYOFUKIAHTHE
40.11A±
001-040-01
NIX JAMES R & AN
NE MTTEES
40 A±
156-240-09
EIFFERT REXTTEE 1/2
1.58 A±
156-240-11
REXTTEE JOHN H
2.37 A±
156-250-01
WILDBERGER BONNIE LTTEE 1
280 A±
156-240-01
WILDBERGER BONNIE LTTEE 1
280 A±
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:2,400
0 100 200 Feet
0 0.0175 0.035 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ADJACENT PARCELS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City of Ukiah
UR 40
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ZONING DISPLAY MAP
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
Zoning Districts
City of Ukiah
RMR 40
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
GENERAL PLAN CLASSIFICATIONS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
General Plan Classes
CITY OF UKIAH
City of Ukiah
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:8,400
0 350 700 Feet
0 0.05 0.1 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
WATER DISTRICTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
,,,,, ,,,,, ,,,,,
Russian River Flood District
County Water Districts
City of Ukiah
CITY OF UKIAH
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:8,400
0 350 700 Feet
0 0.05 0.1 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
SANITATION DISTRICTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
Area #3
LAWS AVENUE
JEFFERSON LANE
FIRCREST DRIVE
SO
U
T
H ST
A
TE ST
REET
City of Ukiah
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:2,400
0 100 200 Feet
0 0.0175 0.035 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
AERIAL IMAGERY
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
Public Roads
Private Roads
City of Ukiah
003-330-60
LEE HOWARD CONSTRUCTION CO
0 A±
003-330-62
UKIAH CITYOF
0 A±
003-330-69
UKIAH AVIATION SERVICE
0 A±
003-310-06
UKIAH CITYOF
0 A±
003-330-63
MORENO ALEXTTEE
0 A±
003-330-65
DEEP VALLEY MHP LLC
3.9 A± 003-330-39
BARBA GILBERTO 1/2 /
0.63 A±
003-330-67
DEEP VALLEY MHP LLC
3.8 A±
003-310-07
UKIAH CITYOF
0 A±
003-330-59
LEE HOWARD CONSTRUCTION CO
0 A± 003-330-70
UKIAH AVIATION SERVICE
0 A±
003-330-61
LEE HOWARD CONSTRUCTION CO
0 A±
003-330-68
CITYOFUKIAH
1.94 A±
003-310-04
UKIAH CITYOF
0 A±
003-310-08
UKIAH CITYOF
0 A±
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:1,200
0 50 100 Feet
0 0.0075 0.015 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ADJACENT PARCELS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
JEFFERSON LANE
LAWS AVENUE
JEFFERSON LANE
FIRCREST DRIVE
SOUTH
ST ATE
ST RE ET
City of Ukiah
C1
C1
C2
C2
R1
R1
R3
R3
R3
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:2,400
0 100 200 Feet
0 0.0175 0.035 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ZONING DISPLAY MAP
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
Zoning Districts
Public Roads
J EF FERSON LANE
LAWS
AVENUE
JEFFERSON LANE
FIRCREST DRIVE
SOUTH
STAT E
ST RE ET
City of Ukiah
C
C
MU-2
MU-2
PS
SR
SR
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:2,400
0 100 200 Feet
0 0.0175 0.035 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
GENERAL PLAN CLASSIFICATIONS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
General Plan Classes
Public Roads
City of Ukiah
6 1
2 5
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:2,400
0 100 200 Feet
0 0.0175 0.035 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
AIRPORT ZONES
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
CITY OF UKIAH
WILLOW COUNTY
WATER DISTRICT
City of Ukiah
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
WATER DISTRICTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
,,,,, ,,,,, ,,,,,
Russian River Flood District
County Water Districts
City of Ukiah
CITY OF UKIAH
UKIAH VALLEY
SANITATION
DISTRICT
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
SANITATION DISTRICTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
Areas
#4 & #5
Northwestern
Pacific
Railroad
STIPP
LANE
SR 25 3
NORGARD
LANE
SOUTH
S TAT
E
STRE
ET
PLANT ROAD
T
A
YLO
R
D
RIVE
U
S 101
U
S 101
City of Ukiah
Howell C r eek
R ussia n R iver
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
AERIAL IMAGERY
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
Public Roads
City of Ukiah
183-080-01
HOOPER RANCH LLC
81.72 A±
184-160-01
KOBALLTTEE DAVID CAMERON
45.2 A±
184-100-05
UKIAH CITYOF
15.45 A±
183-060-02
LARGO RUDDICK LIMITED PART
72 A±
184-080-36
CITYOFUKIAH
2.8 A±
184-090-06
CITYOFUKIAH
14.05 A±
184-100-04
CITYOFUKIAH
10.52 A±
183-020-03
BECKSTOFFER VINEYARDS XV L
53.21 A±
184-150-01
CITYOFUKIAH
43 A±
183-070-01
HOOPER RANCH LLC
74.45 A±
184-140-13
CITYOFUKIAH
4.05 A±
184-080-37
CITYOFUKIAH
4.5 A±
183-030-02
RUDDICK RANCH INCORPORATED
50 A±
184-100-11
CITYOFUKIAH
55.88 A±
183-040-01
RUDDICK RANCH INCORPORATED
41.01 A±
184-070-16
MATTERN
RICHA
R
D
HTTEE
4 A±
184-090-01
CITYOFUKIAH
4 A±
184-090-07
CITYOFUKIAH
13.92 A±
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ADJACENT PARCELS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
STIPP
LANE
SR
253
NORGARD
LANE
SOUTH
S
TATE
S
TR EE T
PLANT ROAD
TAYLOR
DRIVE
US 101
US 101
City of Ukiah
AG
40 AG 40
C2
C2
I1
I1 I2
SR
I1
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
ZONING DISPLAY MAP
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
Zoning Districts
Public Roads
STIPP
LANE
SR
253
NORGARD
LANE
SOUTH
S
TATE
S
TR EE T
PLANT
ROAD
T A
YLO
R
D
R IVE
US 101
US 101
City of Ukiah
AG 40
C
I
I
SR
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
GENERAL PLAN CLASSIFICATIONS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
General Plan Classes
Public Roads
4 6
2 3
6 CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
AIRPORT ZONES
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
CITY OF UKIAH
WILLOW COUNTY
WATER DISTRICT
City of Ukiah
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
WATER DISTRICTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
,,,,, ,,,,, ,,,,,
Russian River Flood District
County Water Districts
City of Ukiah
CITY OF
UKIAH
CITY OF UKIAH
UKIAH VALLEY
SANITATION
DISTRICT
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
SANITATION DISTRICTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
City of Ukiah
No. 0134
No. 0134
No. 0782
No. 0877
No. 0823
CASE:
OWNER:
APN:
APLCT:
AGENT:
ADDRESS:
µ S 2020-0001
Rancho Yokayo LP
184-110-28, 29, 184-120-01, 21
Guillon, Inc.
Jake Morley
3000 S. State Street, Ukiah
1:6,000
0 250 500 Feet
0 0.0425 0.085 Miles
Williamson Act Lands 051421
TYPE
Prime
MENDOCINO COUNTY PLANNING DEPARTMENT- 3/13/2023
LANDS IN WILLIAMSON ACT CONTRACTS
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES Map produced by the Mendocino County Planning & Building Svcs. Dept., March 2023 Coordinate System: NAD 83, Calif. State Plane Zone II
Projection: Lambert Conformal Conic
Parcel Data: Mendocino County Information Services, October, 2022 Aerial Imagery: US Dept. of Agriculture/ArcGIS Online mosaic Topographic Data: USGS 7.5 minute quad series Mount Diablo Base & Meridian Parcel numbers are for tax purposes only and do not represent legal or salable parcels.
All spatial data is approximate. This map is not a substitute for a proper land survey.
City Limits
" " " " " "
"
" " " " Contract Boundaries
WATSON ROAD
VICHY HILLS DRIVE
KNOB HILL ROAD
MC CLURE SUBDIVISION
GUIDIVILLE RESERVATION RD
MILL CREEK RD
TINDALL RANCH ROAD
RUDDICK CUNNINGHAM RD
NORTH STATE ST
OLD RIVER ROAD
SOUTH STATE ST
VICHY SPRINGS ROAD
REDEMEYER ROAD
LOW GAP RD
ORR SPRINGS RD
FORD ROAD
SOUTH DORA ST
NORTH BUSH ST
LAKE MENDOCINO DR
EAST GOBBI ST
GIELOW LANE
AIRPORT ROAD
DESPINA DR
HELEN AVE
WAUGH LN
BABCOCK LANE
LOVERS LANE
EMPIRE DRIVE
NORTH OAK ST
WEST STANDLEY ST EAST PERKINS ST
BRUSH ST
WEST CLAY ST
PARDUCCI
ROAD
TAYLOR DR
SOUTH OAK ST
TALMAGE
ROAD
WEST MILL ST
FORD ST
CLARA AVE
HENSLEY CREEK ROAD
LESLIE ST
STIPP LN
PINOLEVILLE DR
DEERWOOD DR
CAPPS LN
LAWS AVE
WALNUT AVE
BEACON LN
HASTINGS FRONTAGE RD
MEDICINE WAY
QUAIL DRIVE
DORA AVE
SOUTH MAIN ST
TOLLINI LN
EL DORADO RD
NORGARD LN
LUCE AVE
WOODLAKE DR
MENDOCINO DRIVE
YOSEMITE DR
AIRPORT PARK BL
FRONTAGE ROAD A
HOWELL CREEK RD
ANTONI LN
FERN CANYON DR
Lake
Mendocino
Ukiah
Talmage
£¤101
£¤101
|ÿ222
|ÿ253
Russian River
Russian River
Calpella
|ÿ20
0.5 0.25 0 0.5
Miles o
City of Ukiah
Area of Interest
Source: This map was created by the
Mendocino County Information Services GIS Program, November 30, 2022.
Note: This map is not a survey product and should not be used to determine legal boundaries.
Parcels
Highways
Roads
Area of Interest
Sphere of Influence
City of Ukiah
Proposed Annexation
ATTACHMENT 3
LOW GAP ROAD
NORGARD LANE
US 101
N
O
RT
H
STATE
STREET
LAU
RE
L
AV
E
N
U
E
SANFORD RANCH ROAD
WEST CLAY STREET
OA K KNOLL ROAD
EAST GOBBI STREET
PLANT ROAD
S
O
U
T
H
S
TAT
E
S
T
R
E
E
T
VICHY HILLS DRIVE
SOUTH DORA STREET
KNOB HILL ROAD
WASHO
DRIVE
BRUSH STREET
PARDUCCI ROAD
OL
D RIV
ER
ROAD
C
A
R
RIG
A
N LAN
E
EMPIRE DRIVE
SH 222
MASONITE INDUSTRIAL ROAD
WASHINGTON AVENUE
WALNUT AVENUE
KUNZLER RANCH ROAD
RIDGE ROAD
CLARA AVENUE
D
EERWOOD DRIVE
MAZZONI STREET
OBINSONCREE K ROAD
S
O
U
T
H
O
RC
HARD
AV
E
N
U
E
SH 253
VICHY SPRINGS ROAD
WEST STANDL EY STREET
TALMAGE ROAD
LONG VALLE Y RANC
H
ROAD
K
UKI LANE
TEDFORD AVENUE
NORTH PINE STREET
FRONTAGE ROAD D
ORR SPRINGS ROAD
ZINFANDEL DRIVE
FORD STREET
CAPPS LANE
NO
RTH
BUS
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STREET
MAPLE AVENUE
BABCOCK LANE
DESPINA DRIVE
TAYLOR DRIVE
LUCE AVENUE
OAK MANOR DRIVE
L
VI E
OAK AVENUE
WILLOW AVENUE
N
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H
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A
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TRE E T
BARTOLOMEI ROAD
WHITMORE LANE
HELEN AVENUE
ELM
ST
REET
N
O
RTH
S
CHOO
L
STREET
FORD ROAD
MENDOCINO DRI VE
TOKAY AVENUE
S
O
UT
H
OAK
STREET
LES
LIE
S
T
REET
CANYON DRIVE
SOUTH
MAIN
STREET
W EST MILL STREET
POMO DRIVE
LOCKWOOD DRIVE
JEFFERSON LANE
WEST CHURCH STREET
WABASH AVENUE
LOVERS LANE
MALAGA DRIVE
LAWS AVENUE
FERN CANYON
DRIVE
BISBY AVENUE
WEST PERKINS STREET
MEDICINE WAY
CALVERT DRIVE
CHERRY STREET
WEST SMITH STREET
DOOLAN CANYON DRIVE
WEST STEPHENSON STREET
COCHRANE AVENUE
EAST
CHURCH
STREET
QUAIL DRIVE
GROVE AVENUE
JONES STREET
FIRCREST DRIVE
LEL AND
LANE
HENSLEY CREEK ROAD
APPOLINARIS DRIVE
RIVER
STRE
E
T
TEHUACA N ROAD
MC CLURE SUBDIVISION
BLUE
BONNET LA N E
DONNER LANE
EL DORADO ROAD
FREITAS AVENUE
WAUGH
LAN
E
EASTLICK
STREET
COMMERCE DRIVE
AIRPORT ROAD
YOKAYO TRIBE RA
N
CHROAD
DORA AVENUE
FOSTER LANE
FRACCHIA ROAD
WILDWOOD ROAD
TWINING ROAD
FAWNW O OD DRIVE
CHATEAUPLACE
CAROUSEL LANE
LO
R
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NI E S
T
REET
STIPP LANE
AIRPORT
PARK
BOUL
EVARD
HASTINGS AVENUE
GOBALET LANE
EL ROBLE ROAD
WOODLAKE DRIVE
SPANISH CA NYON
DRIV E
KING RIDGEROAD
TINDALL RANCH ROAD
PARK CREEK LANE
C
R ESTVI EW D RIVE
0 0.25 0.5 1
Miles
This map is a guide. Every reasonable effort has been made to ensure the accuracy of the map and data provided.
Parcel lines are not intended to represent surveyed data.
UKIAH GENERAL PLAN - 2040 Land Use Diagram
Railroad Tracks
Annexation Areas
Ukiah City Limit
Proposed Planning Area
Hillside Residential
Rural Residential
Low Density Residential
Medium Density Residential
High Density Residential
Downtown Core
Mixed Use: Brush Street
Mixed Use: AIP-PD
Neighborhood Commercial
Community Commercial
Highway Commercial
Industrial
Public
Recreational
Open Space
Agriculture
Document Path: S:\Public Works\Stricklin, Andrew\GIS Maps\GIS\Projects\Planning\General Plan 2040.mxd Date Saved: 11/22/2022 3:46:57 PM
Kristine Lawler
City Clerk
Date
ATTEST:
Mari Rodin
Mayor
Date
CITY OF UKIAH LAND USE MAP
This is to certify that this is the official Land Use Map of the City of Ukiah adopted in part by the ordinances listed below.
December 29, 2022
December 29, 2022
Ukiah 2040 General Plan Land Use Element
Ukiah 2040 General Plan | December 2022
ATTACHMENT 4
RESOLUTION NO. 2022- 04
RESOLUTION OF APPLICATION OF THE CITY COUNCIL OF THE CITY OF UKIAH INITIATING PROCEEDINGS FOR THE ANNEXATION OF LAND OWNED BY THE CITY OF UKIAH.
WHEREAS:
1. The City of Ukiah desires to continue a proceeding for the adjustment of boundaries specified herein; and
2. Pursuant to Government Code Section 56654( a), the City must approve a resolution of application in order to initiate annexation proceedings.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that:
1. This proposal is made, and it is requested that proceedings be taken, pursuant to the Cortese/KnoxtHertzberg Local Government Reorganization Act of 2000, commencing with section 56000 of the California Government Code, specifically Government Code § 56654( a).
2. This proposal is an annexation to the City of Ukiah.
3. Legal descriptions of the affected territories are set forth in Exhibit A, and maps of the affected territories are set forth in Exhibit B, attached hereto and by reference incorporated herein.
4. A territory to be annexed is uninhabited and consists of one parcel of± 283. 5 acres( Area No. 1, below) that is non- contiguous to the City. Additional parcels( Area Nos. 2, 3, 4, and 5) are contiguous to the City boundaries.
5. The reasons for the proposal are to annex and subject to the City's jurisdiction parcels that the City currently owns in fee and uses for government purposes, which are currently outside the City's jurisdiction and not subject to County land use regulation or control. The parcels as numbered on Exhibits A and B consist of:
Area Number City Use of Property
1, 2 Conservation and natural resource conservation areas 3 Airports and aviation- related functions and uses
4 Existing public utility facilities and uses ( Wastewater); Ongoing lease for agricultural purposes per GC 37382;
5 Public utility facilities and uses ( Wastewater); Refuse disposal and refuse transfer stations
6. The proposal to annex Area No. 1 complies with Government Code Section 56742 in that the property is 1) located in Mendocino County where the City is situated; ( 2) owned by the City and ( 3) used for municipal purposes at the time these commission proceedings are initiated.
7. Area Nos. 1, 2, 3, 4, and 5 are within the City' s Sphere of Influence.
8. The annexation of Area No. 1 should be subject to the terms and conditions as set forth in Government Code Section 56742. No special conditions are proposed for Area Nos. 2, 3, 4, and 5.
9. The City Council adopts the determination by the City' s Director of Community Development that this annexation is a categorically exempt project under the California Environmental Quality Act. Upon adoption of this resolution, the Director of Community Development is authorized and directed to record a Notice of Exemption with the Mendocino County Clerk.
10. Once the territory is annexed by the City, it will no longer be subject to property taxes.
Moreover, the use of the property for governmental purposes will not generate any other tax revenues, such as sales tax. As such, this reorganization will not result in any taxes that could be shared by the City and County pursuant to a tax sharing agreement.
PASSED AND ADOPTED this 191" day of January, 2022, by the following roll call vote:
AYES: Councilmembers Orozco, Crane, Rodin. Duenas, and Mayor Brown NOES: None
ABSENT: None
ABSTAIN: None
J' Brown, Mayor
ATTEST:
pv—,
Kristine Lawler, City Clerk/ CMC
Attachment 5
ATTACHMENT 5
1 RESOLUTION NO. 23-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
PREZONING CERTAIN PARCELS IN ASSOCIATION WITH THE
ANNEXATION OF CITY-OWNED PROPERTIES WITHIN
UNINCORPORATED MENDOCINO COUNTY
WHEREAS, on January 16, 2020, the Ukiah City Council adopted an Annexation Policy (Resolution No. 2020-06) that states that the City will pursue, apply for, and support the annexation of unincorporated areas to the City to avoid the negative consequences of continued urban sprawl and to ensure the efficient provision of municipal services to unincorporated areas without placing an undue financial burden on the City or its residents; and
WHEREAS, per Government Code Section 65859 and Ukiah City Code Section 9267, the City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City; and
WHEREAS, on November 4, 2020, the City Council adopted Resolution No. 2020- 61, approving submittal to the Mendocino County LAFCo an application for annexation of previously acquired City-owned properties subject to the City's authority parcels that the City currently owns in fee and uses for government purposes; and WHEREAS, on February 22, 2021, an application for annexation for the City-owned properties was submitted the Mendocino County LAFCo (LAFCo File No. A-2021-01); and
WHEREAS, the application for annexation was subsequently reviewed by LAFCo on March 23, 2021, and as part of that review, clarifications were requested by LAFCo staff prior to a Certificate of Filing being issued pursuant to Government Code §56658(f); and
WHEREAS, on January 19, 2022, the City Council adopted Resolution No.2022-04 for a revised submittal to the Mendocino County LAFCo to annex city-owned properties; and
WHEREAS, on January 21, 2022, a Notice of Exemption (NOE) for annexation of the City-owned properties was filed with the Mendocino County Clerk/Recorder’s office, deeming the project to be categorically exempt from further review, in accordance with the California Environmental Quality Act (CEQA) Guidelines 15320, Change In Organization, and 15319(a), Annexations of Existing Facilities; and WHEREAS, on December 7, 2022, the City Council adopted Resolution No. 2022- 79, adopting a comprehensive update to the City’s General Plan (“2040 General Plan”) in conformance with the requirements of the California Government Code; and WHEREAS, on December 7, 2022, the City Council adopted Resolution 2022-78, certifying a Program-level Environmental Impact Report (EIR) for the 2040 General Plan update in accordance with the requirements of CEQA (SCH No. 2022050556); and
Attachment 6
2 WHEREAS, on December 19, 2022, the Mendocino County Local Agency Formation Commission adopted the City of Ukiah Municipal Service Review and Sphere of Influence Upate; and
WHEREAS, City-owned annexation area and prezoning were identified within the 2040 General Plan EIR, which adequately addresses the potential environmental impacts of the proposed prezoning for the purposes of CEQA.
WHEREAS, upon Council approval of the resolution(s) to formalize the updated considerations associated with the annexation application noted throughout the March 14, 2023 Staff Report, an updated NOE will be prepared and provided to LAFCo as a part of the annexation application resubmittal; and WHEREAS, on October 20, 2022, the Mendocino County Airport Land Use Commission reviewed the 2040 General Plan for consistency with the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), in accordance with UKIALUCP Policy 2.2.1(b) and Public Utilities Code Section 21676, and adopted Resolution 22-0006, finding the 2040 General Plan (and identified annexation areas) consistent with the UKIALUCP; and
WHEREAS, on December 8, 2022, a Notice of Determination (NOD) was posted at the State Clearinghouse and the Mendocino County Clerk/Recorder’s office; and WHEREAS, on March 22, 2023, the Planning Commission held a duly noticed public hearing on the prezoning and adopted Resolution No. 2023-02, recommending approval of the prezoning to the City Council; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby recommend that the City Council approve the prezoning approximately 451 acres associated with the annexation of City-owned properties within unincorporated Mendocino County, as summarized below and depicted on Exhibit A, List of Parcels and Prezoning Maps.
Area 1: Area 1: APN 178-130-01 for remediation of a former refuse disposal area; Public Facilities (PF).
Area 2: APNs 156-240-02; 156-240-13 for natural resource conservation area; PF.
Area 3: APNs 003-330-68; 003-330-69; 003-330-70 for airports and aviationrelated functions and uses; PF.
Area 4: APNs 184-080-36; 184-080-37; 184-090-01; 184-090-07;184-100-04; 184-080-40; 184-100-05; 184-090-06 for public utility facilities and uses (recycled water distribution) and agricultural uses incidental or accessory to allowed uses (ongoing lease for agricultural purposes per GC 37382); PF and Agricultural Combining District (-A).
Area 5: APNs 184-150-01; 184-140-13 for public utility facilities and uses (Wastewater) and refuse disposal and refuse transfer stations; PF.
BE IT FURTHER RESOLVED, that based on the evidence presented and the records and files referenced herein, that the City Council of the City of Ukiah finds and determines:
A. The proposed prezoning is consistent with Government Code Section 65859 and Ukiah City Code Section 9267; and
3 B. The proposed prezoning is consistent with the City’s 2040 General Plan and the City of Ukiah Zoning Code; and
C. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and D. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
PASSED AND ADOPTED this ____ day of__________, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mari Rodin, Mayor
ATTEST:
__________________________________
Kristine Lawler, Clerk
Exhibit A: Parcel List and Prezone Maps
APN Owner SITUS Acreage Info - County PBS County Zoning County General Plan Proposed General Plan Proposed Zoning Area Number Current Status Public Facilities Use Water
District
Sanitation
District
Airport
Zone
178-130-01 City of Ukiah 3100 Vichy Springs Road ±300
APN: 178-130-01
Acres: 301.2
Property Address: 3100 VICHY SPRINGS RD
Owner: CITY OF UKIAH
Public Facilities (PF) Public Services Public (P) Public Facilities (PF) 1 Previous Landfill Refuse disposal/recycling areas, and refuse transfer stations and similar uses.
N/A N/A None
156-240-02 City of Ukiah N/A ±1
APN: 156-240-02
Acres: 1.00±
Property Address: N/A
Owner: CITY OF UKIAH
Upland Residential
(UR:40) Remote Residential (RMR40) Public (P) Public Facilities (PF) 2 Open-Space Conservation and natural resource conservation areas N/A N/A OAE 156-240-13 City of Ukiah 1970 W Standley Ave 33.8
APN: 156-240-13
Acres: 33.8
Property Address: 1970 WE STANDLEY AVE
Owner: CITY OF UKIAH
Upland Residential
(UR:40) Remote Residential (RMR40) Public (P) Public Facilities (PF) 2 Open-Space Conservation and natural resource conservation areas N/A N/A OAE 003-330-68 City of Ukiah 1601 S State Street 1.9
APN: 003-330-68
Acres: 1.9±
Property Address: 1601 SO STATE ST
Owner: CITY OF UKIAH
Limited Commercial
(C1) Commercial Public (P) Public Facilities (PF) 3 Airport Airports and aviation-related functions and uses Willow Water UVSD Zones 5 &6
003-330-69
Aviation Ukiah
(Leased) 1601 S State Street 0
APN: 003-330-70
Acres: 0.00±
Property Address: 1601 SO STATE ST
City: UK
Leasee: AVIATION UKIAH
Limited Commercial
(C1) Commercial Public (P) Public Facilities (PF) 3 Airport Airports and aviation-related functions and uses Willow Water UVSD Zones 5 &6
003-330-70
Aviation Ukiah
(Leased) 1601 S State Street 0
APN: 003-330-69
Acres: 0.00±
Property Address: 1601 SO STATE ST
City: UK
Leasee: AVIATION UKIAH
Limited Commercial
(C1) Commercial Public (P) Public Facilities (PF) 3 Airport Airports and aviation-related functions and uses Willow Water UVSD Zones 5 & 6
184-080-36 City of Ukiah 341 Norgard Lane 2.8
APN: 184-080-36
Acres: 2.80±
Property Address: 341 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); AgriculturalCombining (-A) 4 Recycled Water
Distribution;
Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A N/A Zones
3 & 6
184-080-37 City of Ukiah 341 Norgard Lane 4.5
APN: 184-080-37
Acres: 4.50±
Property Address: 341 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water Distribution; Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A UVSD Zone 3
184-090-01 City of Ukiah N/A 4
APN: 184-090-01
Acres: 4.00±
Property Address:
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water
Distribution;
Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A UVSD Zone 3
184-090-07 City of Ukiah N/A 13.92
APN: 184-090-07
Acres: 13.92±
Property Address: N/A
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water Distribution; Recycled Water Distribution; Ongoing lease for
agricultural purposes per GC 37382
N/A N/A Zones
3 & 6
184-100-04 City of Ukiah N/A 10.52
APN: 184-100-04
Acres: 10.52±
Property Address: N/A
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 4 Recycled Water Distribution; Recycled Water Distribution N/A N/A Zone 3 184-080-40 City of Ukiah 381 Norgard Lane 0.12
APN: 184-080-40
Acres: 0.12±
Property Address: 381 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 4 Recycled Water Distribution; Recycled Water Distribution N/A UVSD Zone 3 184-100-05 City of Ukiah 300 Plant Road 15.45
APN: 184-100-05
Acres: 15.45±
Property Address: 300 PLANT RD
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 4 Existing North Waste Water Pond Public utility facilities and uses (Wastewater) N/A N/A Zones 3 & 6
184-090-06 City of Ukiah 217 Norgard Lane 14.05
APN: 184-090-06
Acres: 14.05±
Property Address: 217 NORGARD LN
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF); Agricultural Combining (-A) 4 Recycled Water
Distribution;
Recycled Water Distribution Ongoing lease for agricultural purposes per GC 37382
N/A UVSD Zone 3
184-150-01 City of Ukiah 3495 Taylor Drive 43
APN: 184-150-01
Acres: 43.00±
Property Address: 3495 TAYLOR DR
Owner: CITY OF UKIAH
Agriculture (AG:40) Agricultural Public (P) Public Facilities (PF) 5 Existing South Waste Water Pond Public utility facilities and uses (Wastewater) N/A N/A Zone 6 184-140-13 City of Ukiah 3151 Taylor Drive 4.05
APN: 184-140-13
Acres: 4.05±
Property Address: 3151 TAYLOR DR
Owner: CITY OF UKIAH
General Industrial (I2) Industrial Public (P) Public Facilities (PF) 5 Existing Solid Waste Transfer Station
Refuse disposal/recycling areas, and refuse transfer stations and similar uses.
Willow
Water UVSD Zones
2, 4, & 6
Exhibit A
Ukiah
SR
SR:PD:CR
R1
SR
C2:CR
PF
RL:CR
SR:PD
I2
RR1:PD
RR1
R1
PF
AG 40
I1
I1
Zoning Map-Area 1
Maxar
Incorporated City Limits
Major Towns & Places
Zoning Classifications
AG 40
C1
C2
C2:CR
I1
I2
PF
RC
RL
RL:CR
R1
R3:CR
RR1
RR1:PD
RR5
SR
SR:PD
SR:PD:CR
R3:PD
3/13/2023, 2:48:40 PM
0 0.23 0.45 0.9 mi
0 0.38 0.75 1.5 km
1:36,112
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
UR 40
PF 15624002
15619003
15624011
15624009
15622003
15617003 15619001
15617011
15625002
15625001
15624001
15623003
15622004
Zoning Map-Area 2
Maxar
Incorporated City Limits
Zoning Classifications
PF
RL
UR 40
Assessor's Parcels
3/13/2023, 3:02:06 PM
0 0.1 0.2 0.4 mi
0 0.17 0.35 0.7 km
1:18,056
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
C1
C2
R3
C1
00343045
00343076
18019012
00343063
18020001
00333061
00333063
00343065
00343081
00335031
18020023
00333069
00333039
00343042
00331004
00331006
00342035
00333065
00343021
00331007
18020024
18019003
00335037
00333070
00333060
00333068
00343024
00333067
00343074
00333044
00343023
00331009
18020022
00335039
00335038
00333064
00331010
00343064
00343053
00343068
00333059
00343066
00343077
00333062
00331008
Zoning Map-Area 3
Maxar
Incorporated City Limits
Zoning Classifications
C1
C2
R1
R2
R3
Assessor's Parcels
3/13/2023, 3:46:57 PM
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.19 km
1:4,514
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
I1 I1
C1
C1
I1
C2
I1
R3
AG 40
I2
C2
C2:CR
C1
SR
18208007
18208002
18414015
18414014
18417007
18503012
18502007
18413032
18414008
18417011
18415001
18417008
18414005
18411012
18414017
18416001
18417002 18413033
18411028
18414011
18413015
18413030
18411029
18406202
18404121
18408004
18406215
18410007
18012016
18412009
18303003
18410005
18407011
18404408
18406103 18406311
18408033
18408037
18410008
18011012
18409007
18410011
18304001
18411026
18303002
18404216 18409006 18407016
18012017
18411027
18411024
18410004
18204001
18409001
18408011
18302003
18404310
18405411
18011007
18305001
18407015
18012018
18012003
18406112
18302002
18012015
18309001
18307001
18310008
18310011
18310007
18308001
18306002
18310009
18306001
18310010
18210001
00335039
18412013
00335036
18405306
00333062
00335032
Zoning Map-Areas 4 & 5
Maxar
Incorporated City Limits
Zoning Classifications
AG 40
C1
C2
C2:CR
I1
I2
R1
R3
RR5
SR
UR 40
Assessor's Parcels
3/13/2023, 3:55:34 PM
0 0.1 0.2 0.4 mi
0 0.17 0.35 0.7 km
1:18,056
ArcGIS Web AppBuilder
Maxar | California State Parks, Esri, HERE, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS |
1 ORDINANCE NO.
UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH TO PREZONE
CERTAIN PARCELS IN ASSOCIATION WITH THE ANNEXATION OF CITY-OWNED
PROPERTIES WITHIN UNINCORPORATED MENDOCINO COUNTY
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. The City of Ukiah proposes to annex approximately 451 acres, including the following APNs in unincorporated Mendocino County that the City currently owns and utilizes for public services, purposes and utilities:
• Area 1: APN 178-130-01 for remediation of a former refuse disposal area; Public Facilities (PF).
• Area 2: APNs 156-240-02; 156-240-13 for natural resource conservation area; PF. • Area 3: APNs 003-330-68; 003-330-69; 003-330-70 for airports and aviation-related functions and uses; PF.
• Area 4: APNs 184-080-36; 184-080-37; 184-090-01; 184-090-07;184-100-04; 184- 080-40; 184-100-05; 184-090-06 for public utility facilities and uses (recycled water distribution) and agricultural uses incidental or accessory to allowed uses (ongoing lease for agricultural purposes per GC 37382); PF and Agricultural Combining District (-A).
• Area 5: APNs 184-150-01; 184-140-13 for public utility facilities and uses (Wastewater) and refuse disposal and refuse transfer stations; PF.
2. Government Code Section 65859 allows the City to adopt a zoning district for land outside of the city limits in anticipation of annexation and development, i.e. prezone.
SECTION TWO.
The City Council of the City of Ukiah hereby ordains that:
1. City-owned annexation area and prezoning were identified within the 2040 General Plan EIR, which adequately addresses the potential environmental impacts of the proposed prezoning for the purposes of CEQA. The actions adopted by Council related to the prezoning also qualify for exemption under CEQA Guidelines §15319 and §15320.
2. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
3. The proposed prezoning is consistent with Government Code Section 65859 and Ukiah City Code Section 9267.
4. A list and maps of the affected territories depicted on Exhibit A, List of parcels and prezoning Maps, attached hereto and by reference incorporated herein.
SECTION THREE
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Attachment 7
2 Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.
2. Effective Date: Section 2 and 3 of this ordinance shall become effective as of the date that the annexation City-Owned properties becomes final.
Introduced by title only on_______________ , 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________
Mari Rodin, Mayor
ATTEST:
__________________________________
Kristine Lawler, Clerk
Exhibit A: Parcel List and Prezone Maps
Agenda Item No: 13.a.
MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2502
AGENDA SUMMARY REPORT
SUBJECT: Adoption of an Ordinance Amending Various Sections of Ukiah City Code to Permit On-Site Consumption at Cannabis Dispensaries.
DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Planning Manager
PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:
1. Cannabis Consumption Area - Proposed Regulations (Clean)
2. Cannabis Consumption Area - Proposed Regulations (Redline) Summary: Council will consider adoption of an ordinance amending various sections of Ukiah City Code to allow for consumption of cannabis products in Cannabis Consumption Areas at permitted Cannabis Retailers and Cannabis Microbusinesses upon approval or modification of their associated Use Permit. If approved, Cannabis Consumption Areas shall adhere to the provisions of the City’s Anti-Smoking Ordinance (Division 5, Chapter 7, Article 4), undertake a review and renewal of operations after one (1) year of activity, and maintain compliance with all relevant State statutes and regulations. The proposed ordinance will allow for a substantially similar use that is currently afforded to businesses in the adjacent unicoporated area within the City of Ukiah's Sphere of Influence.
Background: On September 7, 2022, written and oral comment was provided to the Ukiah City Council during Audience Comments on Non-Agenda Items requesting that the City Council evaluate an ordinance amendment to allow for on-site consumption. Thereafter, the City Council requested that the Cannabis Ad-Hoc Committee review considerations provided during public expression in conjunction with Staff.
Subsequently, Community Development Staff facilitated a meeting of the Cannabis Ad-Hoc on October 19, 2022, and then addressed questions via email with members of the Ad-Hoc to develop a recommendation for modification of Ukiah City Code that addressed the public expression provided.
On February 6, 2023, after consideration of public input, the Planning Commission unanimously adopted a resolution recommending that the City Council adopt a proposed amendment to the City’s Municipal Code, and finding that the actions are categorically exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines.
On March 15, after consideration of public input, the City Council voted 4-0-1 to introduce an Ordinance Amending Various Sections of Ukiah City Code to Permit On-Site Consumption at Cannabis Dispensaries.
Discussion: Presently, Ukiah City Code §9174.3(C)(5)(a) states: “Cannabis shall not be consumed on the premises of the cannabis retailer. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other surroundings within two hundred feet (200') of the cannabis retailer’s entrance.” Additionally, the consumption of cannabis in any public place, as defined by Ukiah City Code §9174.3(C)(5)(c), is similarly prohibited. This proposed Ordinance Amendment will not modify public consumption considerations nor will it restrict the ability of residential property owners to ban consumption of cannabis products on their properties or within their residential units. A clean copy of the proposed ordinance (Attachment 1), as well as a redlined version (Attachment 2) are attached to this item for review and consideration.
In general, the State allows for on-site consumption where locally authorized. Most of the State’s regulatory considerations regarding consumption focus on temporary cannabis events, which require both a Cannabis Event Organizer license, as well as a Temporary Cannabis Event license from the Department of Cannabis Control (DCC). To facilitate on-site consumption of cannabis products on a non-event basis, a Type 10:
Storefront Retail license is required from the DCC, even if the primary undertaking is not commercial retail, but an associated activity, such as a hotel that wants to facilitate an on-site consumption area.
While consumption is permissible by the State at cannabis events, with local authorization and appropriate licensure, this Ordinance Amendment does not alter the standards or requirements to facilitate events or gatherings on private property. In particular, Ukiah City Code §9174.3(C)(5)(c) would continue to prohibit the consumption of cannabis on parcels including, but not limited to, City-owned parks and at City-sponsored events.
Many aspects related to Cannabis Consumption Areas will be site specific, which informs why requests will require modification or approval of a Use Permit. A major modification of a Major Use Permit is reviewed by the Planning Commission, unless the modification is determined to be de minimus (minor modification), in which case it is reviewed by the Zoning Administrator. By facilitating discretionary review, considerations specific to the business can be addressed and appropriate conditions of approval provided, if necessary.
On March 15, 2023, Council approved the introduction of this ordinance, with one Councilmember abstaining.
Staff now recommends Council adopt the Ordinance in Attachment 1 amending various sections of Ukiah City Code to permit on-site consumption at cannabis dispensaries.
Recommended Action: Adopt an Ordinance Amending Various Sections of Ukiah City Code to Permit OnSite Consumption at Cannabis Dispensaries BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney; Craig Schlatter, Community Development Director
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
GENERAL PLAN (GP): GP ED-4; GP ED-6 (Policy ED-6.1); GP ED-10 (Policy ED-10.4)
1 ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
VARIOUS SECTIONS OF THE UKIAH CITY CODE TO PERMIT AND REGULATE
CANNABIS CONSUMPTION AREAS AT COMMERCIAL CANNABIS RETAIL BUSINESSES AND CANNABIS MICROBUSINESSES.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
Section 9174.2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.2 CANNABIS-RELATED BUSINESSES
* * *
F. Limitations on Locations of Cannabis Related Businesses
1. All Cannabis Related Businesses, as defined in Section 9278 of this code, operating subject to use permits under this chapter will operate indoors in a fully enclosed secure structure, as defined in Section 9254 of this Code, except as set forth in Section 9174.3(c)(5) of this Code regulating Cannabis Consumption Areas, and shall not be allowed in the following areas:
a. Within six hundred feet (600') of a school, as defined in section 5702P of this code, with that distance measured as the horizontal distance in a straight line from the property line of the school to the closest property line of the lot on which the Cannabis Related Business is to be located without regard to intervening structures, pursuant to California Health and Safety Code section 11362.768; or b. Within two hundred fifty feet (250') of a youth-oriented facility other than a school, as defined in section 5702R of this code, with that distance measured by street frontage from the property line of the youth-oriented facility to the closest property line of the lot on which the Cannabis Related Business is to be located, and not radial distance; or
c. Abutting, on any side of the parcel upon which the Cannabis Related Business is located, a parcel occupied by a youth-oriented facility or a school; or d. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation; or e. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned property, unless there are intervening nonresidential uses Attachment #1
2 between the Cannabis Related Business and the residential unit or the residentially zoned property that the decision-making entity charged with hearing and making the decision on the use permit application or the appeal of that decision determines sufficient to provide an appropriate separation.
2. A Cannabis Retailer, as defined in Section 9278 of this code, shall not be allowed within two hundred fifty feet (250') of another Cannabis Retailer, with that distance measured by street frontage from the property line of the other Cannabis Retailer to the closest property line of the lot on which the Cannabis Retailer is to be located, and not radial distance.
3. A waiver of the provisions in subsections F1a through e and F2 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Zoning Administrator or the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the cannabis-related business.
SECTION 2
Section 9174.3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.3 CANNABIS RETAILERS
A. Applicability: The standards and requirements in this Section apply specifically to Cannabis Retailers, as defined in Section 9278 of this Code, and other Cannabis Businesses with a retail component, and shall apply in addition to the requirements and standards for all Cannabis Businesses set forth in Section 9174.2 and elsewhere in this Code. In the event of any conflict between the requirements of this Section and those included elsewhere in the City Code, the requirements of this Section shall control.
B. Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meaning:
1. “Adult-use” means a person the age of 21 or over with a valid state ID, who is qualified to purchase cannabis from an established cannabis business.
2. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.
3. “Identification card” shall have the same definition as in California Health and
3 Safety Code section 11362.7, and as it may be amended.
4. “Medical cannabis” or “medicinal cannabis” means cannabis that is intended to be used for medical cannabis purposes in accordance with State law.
5. “On site” means an activity or accessory use that is related to the primary use – i.e., lawful, retail distribution of cannabis – and is located on the same legal parcel as the primary use.
6. “Primary caregiver” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.
7. "Qualified patient” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.
C. Operating Requirements
1. Minors: Persons under the age of eighteen (18) shall not be allowed on the premises of a Cannabis Retailer unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the Cannabis Retailer in question dispenses cannabis for medical use. Adult Use Cannabis Retailers shall only allow on the premises a person who is 21 years of age or older and who possesses a valid government-issued photo identification card.
2. Cannabis Retailer Access:
a. The entrance into the Cannabis Retailer building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance.
b. Cannabis Retailer personnel shall monitor site activity, control loitering and site access.
c. Only Cannabis Retailer staff, persons the age of twenty-one (21) and over, qualified patients over the age of eighteen (18) who are purchasing Medical cannabis, and persons with bona fide purposes for visiting the site shall be allowed on the premises.
d. Only a primary caregiver and qualified patient or persons the age of twentyone (21) and over shall be in the designated dispensing area with personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby.
e. Restrooms shall remain locked and under the control of management.
4 3. Operations:
a. The Cannabis Retailer may sell cannabis or cannabis products to an individual only in an amount consistent with personal possession and use limits allowed by the State
b. A Cannabis Retailer shall not have a physician on site to evaluate patients and provide a recommendation for medical cannabis.
4. Hours of Operation: Hours of operation are limited to nine o’ clock (9:00) A.M. to nine o’ clock (9:00) P.M., seven (7) days a week.
5. Consumption Restrictions:
a. Except as set forth in subdivisions b and c below, cannabis shall not be consumed on the premises of the Cannabis Retailer. The term “premises” includes the actual building, as well as any accessory structures, parking areas, or other surroundings within two hundred feet (200') of the Cannabis Retailer’s entrance.
b. Cannabis may be consumed in a designated Cannabis Consumption Area on the premises of a Cannabis Retailer upon approval of a Use Permit or modification of an existing Use Permit. A Cannabis Retailer’s operation and use of a Cannabis Consumption Area shall comply with the provisions of Division 5, Chapter 7 of this Code, entitled No Smoking. Cannabis Consumption Areas shall be secured and designed to prevent access by individuals who are not eligible adult use patrons. If an existing Use Permit is modified to reflect the creation of a Cannabis Consumption Area, that Use Permit shall be subject to renewal one year after the Cannabis Consumption Area has become operational. c. A Retailer with a Cannabis Consumption Area that is not enclosed, such as on a patio or a deck, may allow smoking, vaping, and ingesting edible products, subject to all local and state laws. A Retailer with a Cannabis Consumption Area that is indoors in a fully enclosed secure structure shall be limited to allowing consumption of Edible Cannabis Product or Orally Consumed Concentrate only. d. Cannabis Consumption Areas shall be located in well-ventilated, private areas partitioned from access to all other areas of the premises, as well as from adjacent properties. Any Cannabis Consumption Areas which allow smoking and vaping of cannabis products shall be designed to prevent the flow of smoke to any other area of the premises or adjacent property.
d. Cannabis Retailer operations shall not result in illegal redistribution of cannabis obtained from the Cannabis Retailer, or use in any manner that violates local, State or City codes.
5 e. No person may consume cannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City owned parks and/or City sponsored events where designated as nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this Code and as amended, enclosed places and places of employment as defined in sections 4503 and 4505 of this Code and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public, except while actively passing through on the way to another destination. Nothing in this Section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air Act of 1976, Health and Safety Code Section 118875 et seq. and as amended.
6. Retail Sales and Cultivation:
a. No cannabis shall be cultivated on the premises of the Cannabis Retailer, except in compliance with this Section and with Sections 6093 and 9254 of this code and applicable State laws and regulations.
b. Cannabis Retailers may keep on the Premises immature nursery stock cannabis plants, or clones, that are not intended to be raised to maturity by the Cannabis Retailer but instead sold to Adult Use patrons or qualified patients. c. Up to one hundred fifty (150) square feet of the total square footage of the Cannabis Retailer may be utilized for display and sales of devices necessary for administering cannabis, including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. d. Retail sales of cannabis that violate California law or this Code are expressly prohibited.
7. Floor Plan: Cannabis Retailers or other Cannabis Businesses with a retail component shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing cannabis to qualified patients or designated caregivers or to eligible adult use patrons. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. * * *
SECTION 3
Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
6 §9278 DEFINITIONS
* * *
B.
* * *
CANNABIS CONCENTRATE: Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. For purposes of this Chapter, “cannabis concentrate” includes, but is not limited to, the kief, tinctures, capsules, suppositories, extracts, butter, vape cartridges, inhaled products (e.g., dab, shatter, and wax), and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended.
CANNABIS CONSUMPTION AREA: A licensed premises where cannabis may be consumed by persons 21 years of age and over. A cannabis consumption area must be limited to one of the following uses:
1. Outdoor: Consumption of cannabis by smoking, vaping, and ingesting edible products.
2. Indoor: Consumption of cannabis edible products by ingestion only. * * *
EDIBLE CANNABIS PRODUCT: A product intended to be used orally, in whole or in part, for human consumption. For purposes of this Chapter, “edible cannabis product” includes cannabis products that dissolve or disintegrate in the mouth, but does not include any product otherwise defined as “cannabis concentrate.” * * *
ORALLY CONSUMED CONCENTRATE: A cannabis concentrate that is intended to be consumed by mouth and is not otherwise an edible cannabis product. “Orally consumed concentrate” includes tinctures, capsules, and tablets as defined in the Cal. Code of Regulations, Title 4, Section 15000, and as may be amended.
SECTION 4
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
7 2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on _____, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on ___________, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Mari Rodin, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk
1 ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
VARIOUS SECTIONS OF THE UKIAH CITY CODE TO PERMIT AND REGULATE
CANNABIS CONSUMPTION AREAS AT COMMERCIAL CANNABIS RETAIL BUSINESSES AND CANNABIS MICROBUSINESSES.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
Section 9174.2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.2 CANNABIS-RELATED BUSINESSES
* * *
F. Limitations on Locations of Cannabis Related Businesses
1. All Cannabis Related Businesses, as defined in Section 9278 of this code, operating subject to use permits under this chapter will operate indoors in a fully enclosed secure structure, as defined in Section 9254 of this Code, except as set forth in Section 9174.3(c)(5) of this Code regulating Cannabis Consumption Areas, and shall not be allowed in the following areas:
a. Within six hundred feet (600') of a school, as defined in section 5702P of this code, with that distance measured as the horizontal distance in a straight line from the property line of the school to the closest property line of the lot on which the Cannabis Related Business is to be located without regard to intervening structures, pursuant to California Health and Safety Code section 11362.768; or b. Within two hundred fifty feet (250') of a youth-oriented facility other than a school, as defined in section 5702R of this code, with that distance measured by street frontage from the property line of the youth-oriented facility to the closest property line of the lot on which the Cannabis Related Business is to be located, and not radial distance; or
c. Abutting, on any side of the parcel upon which the Cannabis Related Business is located, a parcel occupied by a youth-oriented facility or a school; or d. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation; or e. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned property, unless there are intervening nonresidential uses Attachment #2
2 between the Cannabis Related Business and the residential unit or the residentially zoned property that the decision-making entity charged with hearing and making the decision on the use permit application or the appeal of that decision determines sufficient to provide an appropriate separation.
2. A Cannabis Retailer, as defined in Section 9278 of this code, shall not be allowed within two hundred fifty feet (250') of another Cannabis Retailer, with that distance measured by street frontage from the property line of the other Cannabis Retailer to the closest property line of the lot on which the Cannabis Retailer is to be located, and not radial distance.
3. A waiver of the provisions in subsections F1a through e and F2 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Zoning Administrator or the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the cannabis-related business.
SECTION 2
Section 9174.3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§9174.3 CANNABIS RETAILERS
A. Applicability: The standards and requirements in this Section apply specifically to Cannabis Retailers, as defined in Section 9278 of this Code, and other Cannabis Businesses with a retail component, and shall apply in addition to the requirements and standards for all Cannabis Businesses set forth in Section 9174.2 and elsewhere in this Code. In the event of any conflict between the requirements of this Section and those included elsewhere in the City Code, the requirements of this Section shall control.
B. Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meaning:
1. “Adult-use” means a person the age of 21 or over with a valid state ID, who is qualified to purchase cannabis from an established cannabis business.
2. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.
3. “Identification card” shall have the same definition as in California Health and
3 Safety Code section 11362.7, and as it may be amended.
4. “Medical cannabis” or “medicinal cannabis” means cannabis that is intended to be used for medical cannabis purposes in accordance with State law.
5. “On site” means an activity or accessory use that is related to the primary use – i.e., lawful, retail distribution of cannabis – and is located on the same legal parcel as the primary use.
6. “Primary caregiver” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.
7. "Qualified patient” shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended.
C. Operating Requirements
1. Minors: Persons under the age of eighteen (18) shall not be allowed on the premises of a Cannabis Retailer unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the Cannabis Retailer in question dispenses cannabis for medical use. Adult Use Cannabis Retailers shall only allow on the premises a person who is 21 years of age or older and who possesses a valid government-issued photo identification card.
2. Cannabis Retailer Access:
a. The entrance into the Cannabis Retailer building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance.
b. Cannabis Retailer personnel shall monitor site activity, control loitering and site access.
c. Only Cannabis Retailer staff, persons the age of twenty-one (21) and over, qualified patients over the age of eighteen (18) who are purchasing Medical cannabis, and persons with bona fide purposes for visiting the site shall be allowed on the premises.
d. Only a primary caregiver and qualified patient or persons the age of twentyone (21) and over shall be in the designated dispensing area with personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby.
e. Restrooms shall remain locked and under the control of management.