4e) Approval of Agreement with the City of Ukiah For Shared Exercise of Land Use and California Building Code Authority on Mendocino County Assessor's Parcel Number 178-210-01
Re: August 17 Agenda item 4e - Approval of Agreement with the City of Ukiah For Shared Exercise of Land Use and California Building Code Authority on Mendocino County Assessor's Parcel Number 178-210-01
My family and I moved to the Vichy Springs Estates subdivision in 2012. Since that time, the frequency, duration and volume of the activities at the Ukiah Rifle and Pistol Club (URPC) has increased dramatically year round. This comes as no surprise as the membership of the club has grown substantially. An April 14, 2017 article in the Press Democrat reported that “…the club has tripled in size to 1,200 in a little more than a decade.” The facilities themselves have been expanded during that time as well.
Membership and use of the URPC aren’t the only things that have changed. Fire risk, frequency, and length of fire season have also significantly changed. According to the 2014 Mendocino County Multi-Hazard Mitigation Plan, 2020 Mendocino Multi-Jurisdictional Hazard Mitigation Plan, and recent fire data, between 2006 and 2018 Mendocino County experienced 10 large wildfires (5000 acres or more) burning a total of about 665,250 acres. During the 30 years prior to that, only two large wildfires occurred totaling 70,655 acres. In 2020, the August Complex set state records for largest fire in recorded history, burning 1,032,648 acres over six counties. And that data does not include all of the smaller fires that now occur around the county on a regular basis. On October 7, 2020, a fire started near the back of the URPC property. The CalFire incident report (Incident 20CAMEU0012028) confirmed that target shooting was the probable cause of the fire. On August 10, 2021, another fire started in what appeared to be the same location. I’m so grateful to the firefighters who have quickly responded to these incidents and prevented any serious loss of life and property. With one narrow, winding road available to evacuate the residents of this Very High Fire Hazard Severity Zone, including the Vichy Springs subdivisions, Guidiville tribal housing development, and staff and visitors of the historic Vichy Springs resort, a fire has the potential to be disastrous. Fire would only have to travel a short distance to reach the other subdivisions of the eastern hills as well.
In spite of the changed conditions, it appears that the URPC has been able to expand their facilities and membership with little regulation from either the County or City. Because the property is in the unincorporated County, but owned by the City of Ukiah, it seems that both jurisdictions have taken a regulatory hands-off approach over the years, as evidenced in the Grand Jury report dated February 19, 2011. In May of this year, following receipt of the CalFire report of the 2020 incident, the Vichy Springs Estates Home Owners Association submitted a letter to First District Supervisor Glenn McGourty requesting information on what steps the County and CalFire were taking to protect the lives and property of the people in that area. His response was that the property was under the City’s jurisdiction and that he would look into it further.
It’s not entirely clear if the agreement proposed under item 4e on the August 17, 2021, agenda will improve the situation, but it’s my hope that it would be a first step in enhanced regulation of the property in question and ultimately in improved safety and quality of life for First District residents. If this is the case, then I encourage the board to take this important step. However, before taking action, I ask the board to ensure that this agreement will not limit the County’s ability to regulate activities and land use at the URPC property.
Mr. Glenn McGourty 1st District, and Fellow Supervisors
Mendocino County Board of Supervisors
501 Low Gap Road, Room 1010
Ukiah, CA 95482
Dear Supervisors:
Before you on Tuesday 17 August is a recommendation to approve a joint powers agreement with the City of Ukiah regarding regulation of the Ukiah Gun Club. The County has had an opinion from the State Attorney General requested by the County for almost 3 years. That opinion clearly states it is the County’s responsibility to regulate the Ukiah Gun Club and the county has done nothing to date.
The proposed joint powers agreement is a direct result of our almost 3-year-old Writ of Mandate action which included the City, County and Club asking a judge to require the county to regulate under its ordinances. We are very happy it may be finally happening. Our immediate concern is the County’s responsibility to not give away its police powers. The City of Ukiah has a dismal history since its purchase of the club property in 1993 of enforcing necessary county building codes and permits on their property. As the landlord they are expected to require their tenant, the club, follow the law and obtain building permits and use permits for their vastly expanded, 1982 legal-non-conforming use with 40 members, private gun club. That being said we also are concerned regarding past possibly illegal activities, current activities and future activities all currently not regulated or permitted under county ordinances.
We are concerned these past improper and maybe illegal activities may be swept under the rug for expediency. We are also very concerned that citizens of the County who live close by and our business also close by may have no voice if discretionary decisions are to be made by the City of Ukiah on county responsible lands.
Our direct concerns are:
1. Fire: Three times the resort had fires caused by the club burn-to 100 feet from our structures.
2. Lead: There is a separate lawsuit from two environment groups documenting lead traveling offsite into the subdivision and the Russian River which supplies drinking water for 100,000’s of people. There is no regulation, no management, and no oversight.
3. Lead Dust: It is emanating from the shooting which blankets the club, St. Yorre and Apollinaris Roads in the Vichy Estates subdivision and Guidiville Rancheria.
4. Ricochets: Heard too frequently at the resort. For testimonials speak with retired Cal Fire Chief Mike Maynard about his helicopter experience. Speak with Pat Ford, ex-president the Ukiah Rod & Gun Club about his experiences at Vichy Springs or speak with certain staff at Vichy Springs Resort. The ricochets exist and are continuous problem. See the Grand Jury Report years ago, not much has changed.
5. Noise: It is simply intolerable and causes many guests to simply leave and/or never come back, especially visiting war veterans and police.
6. Permits: Potentially to be issued by the City with no recourse or representation for County residents for a use clearly in the County. This is inconsistent with The State AG’s opinion. To the extent the County Building codes are more protective of its citizens, or different from the City’s, the County Building codes should apply.
7. Trained Range Marshalls: This is a requirement everywhere for a safe shooting range. Non-existent at this club except CCW. This gun club has been unregulated since 1982 when, with 40 members, it was “grandfathered” as a legal non-conforming use subject to the regulations of that year’s general plan. These regulations have never been enforced and the Planning and Building Department and Sheriff refused to respond to complaints by local citizens and us at Vichy Springs since that time.
We are happy this may finally be resolved. We ask it to be done properly as outlined in the CA Attorney General’s opinion letter and that the private gun club is treated as are all other businesses in Mendocino County.
Sincerely,
Gilbert Ashoff Proprietor for 44 years
Vichy Springs Resort
August 16, 2021
Mendocino County Board of Supervisors
Re: August 17 Agenda item 4e - Approval of Agreement with the City of Ukiah For Shared Exercise of Land Use and California Building Code Authority on Mendocino County Assessor's Parcel Number 178-210-01
My family and I moved to the Vichy Springs Estates subdivision in 2012. Since that time, the frequency, duration and volume of the activities at the Ukiah Rifle and Pistol Club (URPC) has increased dramatically year round. This comes as no surprise as the membership of the club has grown substantially. An April 14, 2017 article in the Press Democrat reported that “…the club has tripled in size to 1,200 in a little more than a decade.” The facilities themselves have been expanded during that time as well.
Membership and use of the URPC aren’t the only things that have changed. Fire risk, frequency, and length of fire season have also significantly changed. According to the 2014 Mendocino County Multi-Hazard Mitigation Plan, 2020 Mendocino Multi-Jurisdictional Hazard Mitigation Plan, and recent fire data, between 2006 and 2018 Mendocino County experienced 10 large wildfires (5000 acres or more) burning a total of about 665,250 acres. During the 30 years prior to that, only two large wildfires occurred totaling 70,655 acres. In 2020, the August Complex set state records for largest fire in recorded history, burning 1,032,648 acres over six counties. And that data does not include all of the smaller fires that now occur around the county on a regular basis. On October 7, 2020, a fire started near the back of the URPC property. The CalFire incident report (Incident 20CAMEU0012028) confirmed that target shooting was the probable cause of the fire. On August 10, 2021, another fire started in what appeared to be the same location. I’m so grateful to the firefighters who have quickly responded to these incidents and prevented any serious loss of life and property. With one narrow, winding road available to evacuate the residents of this Very High Fire Hazard Severity Zone, including the Vichy Springs subdivisions, Guidiville tribal housing development, and staff and visitors of the historic Vichy Springs resort, a fire has the potential to be disastrous. Fire would only have to travel a short distance to reach the other subdivisions of the eastern hills as well.
In spite of the changed conditions, it appears that the URPC has been able to expand their facilities and membership with little regulation from either the County or City. Because the property is in the unincorporated County, but owned by the City of Ukiah, it seems that both jurisdictions have taken a regulatory hands-off approach over the years, as evidenced in the Grand Jury report dated February 19, 2011. In May of this year, following receipt of the CalFire report of the 2020 incident, the Vichy Springs Estates Home Owners Association submitted a letter to First District Supervisor Glenn McGourty requesting information on what steps the County and CalFire were taking to protect the lives and property of the people in that area. His response was that the property was under the City’s jurisdiction and that he would look into it further.
It’s not entirely clear if the agreement proposed under item 4e on the August 17, 2021, agenda will improve the situation, but it’s my hope that it would be a first step in enhanced regulation of the property in question and ultimately in improved safety and quality of life for First District residents. If this is the case, then I encourage the board to take this important step. However, before taking action, I ask the board to ensure that this agreement will not limit the County’s ability to regulate activities and land use at the URPC property.
Thank you for your consideration of this matter.
Nephele Barrett
Vichy Springs Resident
Vichy Springs Resort
2605 Vichy Springs Road, Ukiah, CA 95482
707-462-9515 * 707-462-9516 (fax)
www.vichysprings.com
August 16, 2021
Mr. Glenn McGourty 1st District, and Fellow Supervisors
Mendocino County Board of Supervisors
501 Low Gap Road, Room 1010
Ukiah, CA 95482
Dear Supervisors:
Before you on Tuesday 17 August is a recommendation to approve a joint powers agreement with the City of Ukiah regarding regulation of the Ukiah Gun Club. The County has had an opinion from the State Attorney General requested by the County for almost 3 years. That opinion clearly states it is the County’s responsibility to regulate the Ukiah Gun Club and the county has done nothing to date.
The proposed joint powers agreement is a direct result of our almost 3-year-old Writ of Mandate action which included the City, County and Club asking a judge to require the county to regulate under its ordinances. We are very happy it may be finally happening. Our immediate concern is the County’s responsibility to not give away its police powers. The City of Ukiah has a dismal history since its purchase of the club property in 1993 of enforcing necessary county building codes and permits on their property. As the landlord they are expected to require their tenant, the club, follow the law and obtain building permits and use permits for their vastly expanded, 1982 legal-non-conforming use with 40 members, private gun club. That being said we also are concerned regarding past possibly illegal activities, current activities and future activities all currently not regulated or permitted under county ordinances.
We are concerned these past improper and maybe illegal activities may be swept under the rug for expediency. We are also very concerned that citizens of the County who live close by and our business also close by may have no voice if discretionary decisions are to be made by the City of Ukiah on county responsible lands.
Our direct concerns are:
1. Fire: Three times the resort had fires caused by the club burn-to 100 feet from our structures.
2. Lead: There is a separate lawsuit from two environment groups documenting lead traveling offsite into the subdivision and the Russian River which supplies drinking water for 100,000’s of people. There is no regulation, no management, and no oversight.
3. Lead Dust: It is emanating from the shooting which blankets the club, St. Yorre and Apollinaris Roads in the Vichy Estates subdivision and Guidiville Rancheria.
4. Ricochets: Heard too frequently at the resort. For testimonials speak with retired Cal Fire Chief Mike Maynard about his helicopter experience. Speak with Pat Ford, ex-president the Ukiah Rod & Gun Club about his experiences at Vichy Springs or speak with certain staff at Vichy Springs Resort. The ricochets exist and are continuous problem. See the Grand Jury Report years ago, not much has changed.
5. Noise: It is simply intolerable and causes many guests to simply leave and/or never come back, especially visiting war veterans and police.
6. Permits: Potentially to be issued by the City with no recourse or representation for County residents for a use clearly in the County. This is inconsistent with The State AG’s opinion. To the extent the County Building codes are more protective of its citizens, or different from the City’s, the County Building codes should apply.
7. Trained Range Marshalls: This is a requirement everywhere for a safe shooting range. Non-existent at this club except CCW. This gun club has been unregulated since 1982 when, with 40 members, it was “grandfathered” as a legal non-conforming use subject to the regulations of that year’s general plan. These regulations have never been enforced and the Planning and Building Department and Sheriff refused to respond to complaints by local citizens and us at Vichy Springs since that time.
We are happy this may finally be resolved. We ask it to be done properly as outlined in the CA Attorney General’s opinion letter and that the private gun club is treated as are all other businesses in Mendocino County.
Sincerely,
Gilbert Ashoff Proprietor for 44 years
Vichy Springs Resort