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Home My WebLink About2002-12-04 Packet CiTY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 4, 2002 6:30 p.m. M/RC (3.1) 5:45-6:30 p.m.: Reception for Mayor & Council 1. ROLL CALL (Councilmember Libby-Absent) 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES a. Regular Meeting of November 20, 2002 4. SPECIAL BUSINESS a. Adoption of Resolution Declaring Results of Municipal Election of November 5, 2002 and Swearing in Ceremony for Mayor Eric Larson and Council Members Philip Baldwin and Paul Andersen M/RC (4-0) Adopting Resolution 2003-15 declaring results of Municipal Election City Clerk Ulvila swore in newly elected Mayor Eric Larson and Councilmembers Philip Baldwin and Paul Andersen Mayor Read 5. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Mayor Read 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Counciimember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/RC (4-0) Approving Consent Calendar Items a and b, and d through h (Item c heard as item 9c) .- a. Adoption of Ordinance 1041 Prezoning APN 184-100-05 and APN 003-330-66 to the P-F (Public Facilities) Zoning Classification b. Rejection of Claim For Damages Received From Ralph Coilett, Corine Mitchell, and Leonardo Alvarez and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund d. Award of Bid for Liquid Polymer to Polydyne, Inc. for the Sum of $16,500 e. Report of the Acquisition of Services From Tim Narvaez for Rip Rap Installation in the Amount of $7,090.23 f. Approve Budget Amendment in the Amount of $20,000 for Payment of Waste Discharge Requirement Fee g. Adoption of Resolution 2003-16 Approving and Authorizing the Execution of Program Supplement No. 869 to Administering Agency - State Agreement for State Funded Projects No. 000049- 2002 STIP Construction of Sidewalk Along North State street Mayor Read 7. hs Notification to City Council Regarding Purchase of Aquaritrol II! Process Controller From U.S. Filter for the Sum of $5,362.50 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience, if there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this'agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. PUBLIC HEARING (7:00 P.M.) a. Adoption of Resolution Amending the General Plan Land Use Classification for Portions of Assessor Parcel Numbers 003-040-74, 75, and 76 From C (Commercial) to HDR (High Density Residential) and Introduction of Ordinance Rezoning Portions of These Properties From C-1 (Community Commercial) and C-2 (Heavy Commercial) to R-3 (High Density Residential) .IVI_/._R_C _4-0 A rovin theNe ative De_claration with Findin scj~_~ throu~_b._4 C 0~esolution ~'~0-~7Amending the General Plan to clean eg~_~_he land use desiqnation for the affected lands from C to HD,"' -- M/RC (4-0) Introducin_cl Ordinance by Title Only b. ApProval of Application to Demolish a Structure Over 50-Years Old Located at 410 Taimage Road, Ukiah MRC~ the Demolition Permit for the structure located at 410 Talma e Rg~__~.Q~d_ based on the finding that the structure does not have historical or architectural siqnificance. 9. NEW BUSINESS a. Discussion and Possible Action Regarding Filling a Vacancy on the City Council 4~~ the Council vacanc ay_~_pointment process to a_p_p_~cations from Ukiah public, deadline is Friday, December 13, 2002 at 10:00 a.n~ b. Selection and Appointment of Vice-Mayor M/RC (4-0) makin~ appointment of Councilmember Baldwin as Vice-Mayo,. 10. COUNCIL REPORTS 11. CiTY MANAGER/CITY CLERK/DIRECTOR REPORTS 12. CLOSED SESSION ".. a. Conference with Legal Counsel, Anticipated Litigation, Initiation Litigation Pursuant to G.C. §54956.9 (c)- 1 Case No Closed Session needed. 8:00 p.m. 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO. 6¢ DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: AWARD CONSTRUCTION CONTRACT TO MENDOCINO CONSTRUCTION SERVICES, INC. IN THE AMOUNT OF $8,436 FOR STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH, SPECIFICATION NO. 02-29 SUMMARY: Submitted for the City Council's consideration and action is staffs recommendation that a construction contract be awarded to Mendocino Construction Services Inc. in the amount of $8,436 for Structure Demolition at 410 Waugh Lane, Ukiah, Specification No. 02-29. Compensation for the performance of the work will be based on a lump sum price bid for the Work of the Contract. BACKGROUND: In response to the City's Request for Informal Bids, thirteen (13) bids were received and opened by the City Clerk at the time and date set for the bid opening. The lowest responsible bidder is Mendocino Construction Services Inc. and their bid is complete. The bid results are indicated in the attached Bid Opening Results prepared by the City Clerk. The Notice To Bidders was advertised and noticed in accordance with the City's Informal Bid Process. The Notice was mailed to all Contractors on file with the City Clerk who are certified to perform structure and site demolition work. The Notice To Bidders was also published two times in the Daily Journal within the time frames required by law and it was mailed to the Building Exchanges having indicated an interest in receiving Notices from the City of Ukiah. continued on page 2 RECOMMENDED ACTION: 1. Award a Construction Contract to Mendocino Construction Services Inc. in the amount of $8,436 for Structure Demolition at 410 Waugh Lane, Ukiah, Specification No. 02-29. Compensation for the performance of the work will be based on a lump sum price bid. 2. Authorize the City Manager to execute the Construction Contract on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine that the proposed Work is no longer in the best interest of the Citizens of Ukiah and reject all bids. Requested by: Prepared by: Coordinated with: Attachments: Diana Steele, Director of Public Works/City Engineerd ],[~ Rick Kennedy, Project Manager Candace Horsley, City Manager 1. Bid Results as prepared by the City Clerk and witnessed by Rick Seanor 2. Bid from Mendocino Construction Services Inc. 3. Notice to Bidders Candace Horsley, City lanager Page 2 December 4, 2002 Award Construction Contract to Mendocino Construction Services Inc. for Structure Demolition at 410 Waugh Lane, Ukiah, Specification No. 02-29 The Project involves the demolition and removal of the wood framed residential structure and the site improvements consisting of concrete and asphalt slabs at 410 Waugh Lane. After the demolition work is complete, the Contractor is required to grade the site to retain some of the site runoff. Areas disturbed by the demolition work are to be seeded with an erosion control grass seed mix. The Work must be completed within 21 calendar days, the first day being the 10th day following the receipt of the Notice To Proceed with the Work. The project will begin after the asbestos containing materials contained within the structure are removed under a separate contract that has already been awarded to AFM Environmental. The asbestos removal work is scheduled to begin Tuesday December 03, 2002 and it is anticipated that the work will be completed in one week, weather permitting. The demolition of the structure and site improvements and the removal of the asbestos containing materials have been budgeted in Account No. 699-3110-800-022 at the funding amount of $23,290. The Class 2 Asbestos Work was awarded in the amount of $11,480 leaving a balance of $11,810. Sufficient funds remain in the account for completion of the structure and site demolition work. The Demolition Review Committee has recommended that the City Council approve the demolition of the residential structure. The Engineers Cost Estimate for the Structure Demolition Work was $15,000. CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: Structure Demolition- 410 Talmage Ro~'d, Ukiah SPEC. NO. 02-29 DATE: November 27, 2002 TIME:' 2:00 P.M. 1 a J 1 J , Si 1 COMPANY AMOUNT CAL INC. 2040 PEABODY RD, STE. 400 VACAVILLE, CA 95687 VALLEY VIEW EXCAVATING INC. 7760 KIRLING RD. REDDING, CA 96002 NORTHERN ABATEMENT CO., INC. 4301 BROADWAY ST. (HWY 29) AMERICAN CANYON, CA 94503-9656 EPIDENDIO CONSTRUCTION INC. P. O. BOX 452 LOWER LAKE, CA 95457 NORTHWEST CONSTRUCTION 9011 COLONY DRIVE REDWOOD VALLEY, ':CA 95470 RORABAUGH EARTHMOVING T. L. NARVAEZ P. O. BOX 1466 UKIAH, CA 95482 HAMMAN'S INC. 9550 OCCIDENTAL ROAD SEBASTOPOL, CA 95472 MENDOCINO CONSTRUCTION SERVICES, INC. P.O. BOX 1517 WILLITS, CA 95490 Page 1 of 2 BID OPENING FOR: Structure Demolition- 410 Taimage HoEd, Ukiah SPEC. NO. 02-29 DATE: November 27, 2002 TIME: 2:00 P.M. COMPANY AMOUNT 10. L.D. GIACOMINI ENTERPRISES '~//~ ~~, 3351 N. STATE STREET UKIAH, CA 95482 11. VALLEY PAVING ...,~,.~/~./ P. O. BOX 559 REDWOOD VALLEY. CA 95470 · · ,,, ..-~ ...,' ... ;~-..~ ..~' , · ,. ," ~, ,.~,.-.,j~...~,--~,Z.z.zc..Z-~-z, 7,.,.; ~L~'~-.~'~'..'~'4'. ..... ,.~ ~....~ - · 12. 13. Marie Ulvila, City Clerk Bids: DEMO Rick Seanor, Deputy-Publi~ Works Director ~ck' Ken'ned~ .... ,~~ P, Page 2 of 2 BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT (in words and in figures) FOR ITEM (in figures) Structure Demolition for the lump sum price Total bid amount in words: ~,~ ¢/h 7~ TOTAL BID AMOUNT ==--) We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ~ '7 ~oo(~,h ~-P. , 20 O._;~.. ~ Licensed in accordance with an act providing for the registration of California Contractors License No. qq53 q ~ /~ , expiration date ?- ;3.1 '~2~.~ _~. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder~jlc.bidd~.s, with business addresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. STRUCTURE DEMOLfTION AT 410 WAUGH LANE, UKIAH 2'7 H sp,c. No. m-2,a FAIR EMPLOYMENT PRACTICES CERTIFICATION -.I The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH (Sigfiature of ~idde-r) Business Mailing Address: Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH 28 Spec. No. O2-29 WORKER'S COMPENSATION CERTIFICATF STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and ! will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this ~ 7 day of_. ~'oOEm6~.~.l. , 200,~ Signature of Bidder, wi~siness Address: ~-'~ / L (.~ ! /-_.5 STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH 29 Spec. No. 02-29 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Em ployment Opportunity for implementing Executive Orders 10925 and 11114.) STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH 3O Spec. No. 02-29 LIST OF PROPOSED SUBCONTRACTORS STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH in compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. / i/ STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH 31 Spec. No. 02-29 STATEMENT OF EXPERIENCE OF BIDDER STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH 32 PORTION OF PROJECTS 1997-1998-1999-2000-2001 AMOUNT 146,682 542,666 1,150624 400,000 130,000 303,905 299,392 279,394 165,424 529,835 114,949 1,000,000 3,200,000 2,535,000 185,000 199,000 315,463 225,451 LOCATION Repair Driveway Hwy 128 Reconstruct Hwy Elk-Widen Redwood Business park Elk Mt-Trench Albertson-site Work Burke Hill-Ditches Leggett-Stab Trench Mini Storage-site Work Branscomb Road Fish Rock Road Rw~ 20-Emergency Various Locations Hwy 162-Emergency Willits Landfill Closure Mendocino Pass Rd Lighthouse Rd-Overlay Potter Valley Bridge Pine Ave OWNER Ray Feeney CalTrans 01-333604 CalTrans 01-119674 Gary Ackerstrom County of Lake Albertson's CalTrans 01-375114 CalTrans 01-382904 Pete Carter County of Men County of Mend Caltrans CalTrans City of Willits County of Mendo County of Mend County of Mend County of Mendo 315,843 187,785 186,833 86,973 264,667 650,000 516,000 289,960 86,810 110,673 447,762 Squaw Rock Kelseyville Hartmann Rd Bike Path Philo/Greenwood Road Hw~ I Soil Ret. Wall Contract 01-429904 West Fork Sub'd Plant & Taylor Dr. Pedestrian Walkways Manchester Maintenance Geysers Road Contract 04-0S4004 Hw~ 253 Overlay Contract 01-413404 CalTrans 01-419604 Co of Lake Co of Lake Co of Mendo Caltrans Creekbridge Behler Const. Co of Mendo Caltrans Caltrans Caltrans SIGNATURE(S) OF BIDDER STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH Accompanying this proposal is L'~, 7~ D~_.% z~O ~ (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 ali 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. ~ ~ .~'~ ~ ~' ~ CZ I , License Expiration Date I 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: P- ~ /~'~'~' /O'-/? Place of residence: Dated: t1' 7-o?cc STRUCTURE 0EMOUTION AT 410 WAUGH LANE, UKIAH 33 Spec. No. 02-29 zP, 9 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Mendocino Construction Services, Inc. that we, , as PRINCIPAL and Travelers Casualty and Surety Company of America .. as SURETY, are held and firmly bound unto the City or 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, far 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 exceedthesum of S1.0% of B±d 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 or the City Clerk, Ukiah Civic Center, Ukiah, California, on November 27, 2002 for STRUCTURE DEMOLITION AT 410 WAUGH LANE. UKIAH. 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 Ihe 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 27th day of November A.D. 20 02 Mendocino Construction Services, Inc. Principal Travelers Casualty and Surety Company of , ~ /? " Gloria Brunin~,' Attor~ey-fn-~act /~, Amer Surety Address: 4000 SW Kruse Way Place #265, Lake ,(Seal) (Seal) (Seal) ±ca (Seal) (Seal) (Seal) Oswego, OR 97035 ~llqUC'TI.A~ DCc~,A:X.rTI(:~ ,AT 41o wAtJC~ L.,~E. UCj~H 34 County of Mulmomah OnNovember 27 2002 before me, DATE personally appeared Gloria Bmug Vicki L. Nicholson, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally known to me - OR - ~ NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY VicM L. Nicholson, Nota'y ~blic OPTIONAL- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ~ INDIVIDUAL [--1 CORPORATE OFFICER TITLE(S) ~ PARTNER(S) ~ ~ ATTORNEY-IN-FACT ~ TRUSTEE(S) E~ GUARDIAN/CONSERVATOR [~] OTHER: LIMITED GENERAL Surety Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING' NAME OF PERSON(S) OR ENTITY(lES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THF~SE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COblPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY CO1HPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Gene M. Dietzman, Gloria Bruning, James P. Dooney, John D. Klump, lC C. Kraig, Kenneth L. deLooze, Philip O. Forker, Ray M. Paiement, Vicki L. Nicholson, J. Patrick Dooney, II, Richard W. Kowalski, of Portland, Oregon, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the' company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogn/zances, contracts of indemnity, and other writings obligatory in the nature of a bond, recog~i?ance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secre -tary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of' a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS-CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (114)0 Standard) NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page pdor to submittinq his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing STRUCTURE DEMOLITION AT410 WAUGH LANE, UKIAH 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. SFgnatu~e'(~)'of B~'i"d'd~ Business Address: ~. o /.>-/'7 Place of Residence: NOTARIZATION / Subscribed and sworn to before me this ~.~D~ ¢~da¥ of:~']_~?;:r~ 20~. No~'~. P'6blic in and for the Coun~ of ~r,~r ~".~ Commi~ion ~pires r~../~ '~ ,20 STRUCTURE DEMOUTION AT 410 WAUGH LANE, UKIAH 35 , State of California. ADDENDUM NO.1 TO ................. THE CQNTRACT..DOCU_.M ENT_S ........... FOR STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH Specification No. 02.-29 Prospective Bidder, Section 7059, paragraph (b), of the Business and Professions Code states" In public works contracts, as defined in Section 1101 of the Public Contract Code, the awarding authority shall determine the license classification necessary to bid and perform the project. In no case shall the awarding authority award a prime contract to a specialty contractor whose classification constitutes less than a majority of the project." The contractor license requirements in the Notice for Informal Bids and within Section 1.07 of the Special Provisions did not address the required license classification needed to perform the Work of the Contract. The Work of the Contract includes the demolition of a single story wood residentiat structure and site improvements consisting of concrete and asphalt slabs. It is estimated that the level of effort needed to remove the site ? ...... , ,.- -,-- -,-...,. -,,,.,4...4 ,,,, ,~ ,., ,.,., ,., ~h,* ~r~ ~ ~r~ Thn n~nrdlna imptuvem~i~[~ ,~ ~lu~, ~u ,,,.., ,.,,,.,,, .......................... _ -; authority has determined that either a Class A or a Specialty Class C-21 (Building Moving/Demolition) is needed to perform the Work of the Contract. Prospective bidders who do not have the required license classification and who have already purchased the specifications can receive a refund by calling Kathy Kinch at 707-463-6214. The following changes to the referenced contract documents are hereby made and issued: · 1. The Notice Inviting Informal Bids and Section 1.07 of the Special provisions are hereby modified by the inclusion of the following: "The Prime Contractor shall possess either a Class A or Specialty Class C-21 license classification. This Addendum shall be acknowledged by signing below and shall be submitted with your bid proposal, The bid opening date shall remain unchanged. Issued by: Rick Kennedy Project Manager Acknowledgment: I ONe) hereby acknowledge that I ONe) have received this Addendum No, 1 and have taken it in consideration before submitting my (our) bid proposal. : 2P. 14 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE INVITING INFORMAL BIDS FOR STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH Specification No. 02-29 NOTICE IS HEREBY GIVEN that sealed standard proposals for STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Wednesday, November 27, 2002, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed "STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH." Bids are required for the entire work described herein. The Work of the Contract involves the demolition of an abandoned residential structure, the removal of concrete and asphalt pavement slabs, the removal of general debris and site restoration work within the property located at 410 Waugh Lane in Ukiah, California. The general debris to be removed consists of mattresses, wood, broken tree branches and miscellaneous metal items. The site restoration work consists of filling in depression caused by the removal of footings, grading the site to retain runoff, installing straw bales along portions of the property line and seeding the bared areas. The work also involves protecting designated site trees. The building materials containing asbestos fibers are being removed under a separate contract and the class 2 asbestos work will be complete prior to the Start of the Work of this Contract. No fax bids will be accepted. This Project will be let to contract by the informal procedures set forth in Sections 22030-22045 of the Public contract Code of the State of California. ENGINEER'S ESTIMATE OF QUANTITIES Item Description Quantity Unit No. 1. STRUCTURE DEMOLITION LS Lump Sum The Special Provisions may be inspected and/or copies obtained for a non refundable fee of $5.00. Contact Deputy Director of Public Works, City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the City Engineer and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Rick Seanor at (707) 463-6296 or at fax phone (707) 463-6204. The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right to waive any information not material to cost or performance in any proposal or bid. Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes. The General Prevailing Wage Determinations applicable to the work and for the locality in which the work is to be done are available on the Internet at web address www.dir.ca.govlDLSRIPWDI. The Contractor for the work herein shall possess a current, valid State of California Contractor's License and shall be licensed to perform structure demolition work. Pursuant to Section 4590 of the California Government Code, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Da~ed: /g:~'- ~_~/--~.) Marie Ulvila, City Clerk City of Ukiah, California PUBLISH TWO TIMES: November 10 & 17, 2002 ~ TTfl( HF~EAJF ~,~ CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 4, 2002 6:30 p.m. 5:45-6:30 p.m.: Reception for Mayor & Council 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES a. Regular Meeting of November 20, 2002 1 SPECIAL BUSINESS a. Adoption of Resolution Declaring Results of Municipal Election of November 5, 2002 and Swearing In Ceremony for Mayor Eric Larson and Council Members Philip Baldwin and Paul Andersen w RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption of Ordinance Prezoning APN 184-100-05 and APN 003-330-66 to the P-F (Public Facilities) Zoning Classification b. Rejection of Claim For Damages Received From Ralph Collett, Corine Mitchell, and Leonardo Alvarez and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Award of Bid for Demolition of Structure at 410 Talmage Road d. Award of Bid for Liquid Polymer to Polydyne, Inc. for the Sum of $16,500 e. Report of the Acquisition of Services From Tim Narvaez for Rip Rap Installation in the Amount of $7,090.23 f. Approve Budget Amendment in the Amount of $20,000 for Payment of Waste Discharge Requirement Fee g. Adoption of Resolution Approving and Authorizing the Execution of Program Supplement No. 869 to Administering Agency- State Agreement for State Funded Projects No. 000049- 2002 STIP Construction of Sidewalk Along North State Street h. Notification to City Council Regarding Purchase of Aquaritrol III Process Controller From U.S. Filter for the Sum of $5,362.50 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. al PUBLIC HEARING (7:00 P.M.) a. Adoption of Resolution Amending the General Plan Land Use Classification for Portions of Assessor Parcel Numbers 003-040-74, 75, and 75 From C (Commercial) to HDR (High Density Residential) and Introduction of Ordinance Rezoning Portions of These Properties From C-1 (Community Commercial) and C-2 (Heavy Commercial) to R-3 (High Density Residential) b. Approval of Application to Demolish a Structure Over 50-Years Old Located at 410 Talmage Road, Ukiah SI NEW BUSINESS a. Discussion and Possible Action Regarding Filling a Vacancy on the City Council b. Selection and Appointment of Vice-Mayor 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 12. CLOSED SESSION a. Conference with Legal Counsel, Anticipated Litigation, Initiation of Litigation Pursuant to G.C. §54956.9 (c) - 1 Case 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 20, 2002 ..... ::~i~ii?,iiii?~:~,~,:. .... The Ukiah City Council met at a Regular Meeting on November 20, 2002, t~!~tic~ii~ii~:ii;?,i~::,'~";~'""~::~" '~'~'~'~:' which had been legally noticed and posted, at 6:40 p.m. in the Civic :r Counc~i¥iii? Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken ~~iiii~OIIowing Councilmernbers were present: Larson, Baldwin, and Mayo:[~?,~,iiii~ik~::?iiiii~sent: Councilmembers Smith and Libby. Staff present: ~rvice S~:~sor Archibald, Public Utilities Director Barnes, Water/Sewer Su Finance Director Elton, Assistant City Manager Fierro, R Harris, City Attorney Rapport, Deputy Public Works Director Steele, Planning Director Stump, and City Cie ~,,,,~:~?:~:~;,,~,,~, 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. PRESENTATION of Certificate of Appreciation bV:'~~erican~':'::':~' Lei;lion, Post 76 3a. Presentation Harold Maxwell, Commander of American Legion P~)st ~~sented,~;~~ Certificate of Appreciation to the City Council ~d Staff for their participa{i'~ ~!i~ptember 11th .~i~¢~=:~~'' % ~... '":'.~.~ ~..., . Mayor Ashiku on behalh~lh~e~t~zens '~~y::. ~ounc~l ~?Ukiah, accepted the ce~ificate of appreciation and thar~ the V~~ ~~hing they have done for City Manager recognized E ~e Assista~:~:~' Shannon Riley for the amount of time, ,tion she e~~d in .puEing the event together. 4a. ~mber 6,~ M/S lar Meeting Minutes of November 6, 2002, as presented, ~ of the Council present. RIGHT T~~iii EAL rea~~' I process. Horsle~moted a revision to item 6f that the recommendation should be of contract to Real Estate Associates for HOME grant administrative conditioned upon approval of the consultant selection by the State ~mmunity Development Department." :':::";':!iiiiiii~:.L~~i;~: Baldwin': :"~" approving items a through, of the Consent Calendar as follows: a?iii~i~iii!~i!~'Proved Disbursements for Month of October 2002; b.:.!,~iiiiii?Rejected~ --- Claim for Damages Received From Tammy Hinojosa and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; Regular City Council Meeting November 20, 2002 Page 1 of 7 c. Awarded Bid to Lasher Auto Center for One New 2003 Dodge Caravan in the Amount of $19,689.45; d. Adopted Resolution No. 2003-14 Removing On-Street Parking and Establi~9~g e. Awarded Bid to HLR Roofing of Ukiah in the Amount of $12,400 to R at Administration Building at the Ukiah Regional Airport; .... f. Awarded Contract to Real Estate Associates for HOME Grant ~ Administration Services and Authorized City Manager to Exe6~iiAgre~~, Motion carried by the following roll call vote: AYES: Councilmemb~i~i~rson,~ B~ii~~ and Mayor Ashiku. NOES: None. ABSTAIN: None. ~ENT: *~pcilmemb:~:~ 7. AUDIENCE COMMENTS ON NON-AGEND~~S ............ Allan Cooperrider, business owner in the Ci~, ~~{'the o~pn that the Chamber Commerce's endorsement of candidates for ..... ~::was in~[~priate and the City should cease to provide money to the Chamb~;~~ .......... :~;~: ......~ ..... 9a. ~otel Seismic Analysis s: ~:~..~ Assistant Ci~ Manager Fierro that the City of 0~;~~~d a grant to prepare a seismic analysis ~e Palace Hotel as'~ %f its economic development prog ram ..... ::~;¢~?:~:: Brad Rollins, Point 2 Structural the Palace Hotel (Hotel) and that a~ structure up to current code buildings in the ~.~~~n area, a and na~~al landmark state attempts t~~e t~':~': 'he ~ess viable. He di ;d Masonry detail how constructed. floors with completed the study on s is necessary to bring the is of the City's most prominent in downtown revitalization efforts, and is a he Hotel was closed in 1988 after several buildings being prone to damage from structural steel. He went on to discuss in ~s (1891, 1914, and 1929) of the building were possible uses for the building as residential units on the Ion the ground floor. overhead scenarios: demolish th, by ,st estimates that included costs of selective demolition, ;rials, installation of structural members, general conditions, explained in detail what that the cost estimates evaluate three pgrade of all structures, 2) Upgrade of 1891 and 1914 structure, structure, and 3) Upgrade of 1891 structure only, demolish 1914 and mi million. Development Economics, estimated it would cost approximately $3 rehabilitate the oldest section and demolish the other structures. It cost $30 foot for demolition. If they demolish all three buildings it would cost $1 Regular City Council Meeting November 20, 2002 Page 2 of 7 William French, Ukiah, was supportive of preserving the original structure and recommended a committee of citizens be formed to investigate funding for rehabilitating the Hotel, Judy Pruden, Ukiah advised that the 1929 annex is on the discussed funding sources. City Manager Horsley advised that the Hotel owner, Aladia report and she will be reviewing the report with her development personnel, and provide Council with a re~,:~., of 8. PUBLIC HEARING 8a. Introduction of Ordinance Prezonin Adjacent to the City Limits Planning Director Stump explained that one the Airport and is currently developed with integral part of the Airport. The other parcel is an treatment plant and is currently being used as a settling by the City but not located within t prezoned to the Public Facilitie the properties are annexed Public Hearing Opened' 7:31 No one came forward to address Public Hearing Closed: 7:31 p.m. M/S Larson/I City of Uki; and 003 66, and ca~ M/S .. consent of for of, and adjacent to and would become an part of the wastewater ;Is are owned parcels be ;ct if and when the Ne~e Declaration, with Findings 1 through 4, for Annexation::'~ ~i~ssessor's Parcel Numbers 184-100-05 by unanimou 'ent of Council present. by Title Only, and carried by unanimous Clerk zoned to the title of the Ordinance "Ordinance of the City Council of the of City-Owned Land (APN 184-100-05 and 003- (Public Facilities) Zoning Classification." M/S AYES: None. ABS )ducing the Ordinance, carried by the following roll call vote: ~ers Larson, Baldwin, and Mayor Ashiku. NOES' None. ABSTAIN' Councilmembers Smith and Libby. RI ;HED BUSINESS Report Regarding the Sign Ordinance Revision Project Director Stump provided Council with a status report, as noted in his Staff concerning the progress in revising the City Sign Ordinance. Upon completion, Draft Ordinance will be distributed for public review and comment. Regular City Council Meeting November 20, 2002 Page 3 of 7 9. UNFINISHED BUSINESS 9c. Consideration and Possible Adoption of Cod Mayor Ashiku advised that the item would be Business. Councilmember Baldwin inquired if the Ordinance would be a significant improvement to commercial areas in the City. ~iiiiii~ii~,~ Director Stump adwsed that the General Plan ~dent~fles s~gns as being issue in. the community. . It also .......... cautions to balance the advertising,,~,~,~,~'"~~iii~,~'~ '~?~om ..... wit~~? aesthebc quality. He was confident that the Ordinance wdl be a b~~* .w~ll not sacrifice economic development, but will help the environment of th~ m ~=~lt has been a potion of the City Council and Planning Commission's eff~:::to make'::~::~[::~:City I go k n i ce r an d t h e S i g n O rd i n an ce i s pa ~ of t h at afro ~. to the last item under 10. NEW BUSINESS 10a. Approve the City of Ukiah Energy ram and Authorize the City Manager to Sign Contract with North Services Customer Service Supervisor Archibald advised that ti explains the initial guidelines and application ..~ocess for the City of U Conservation Program (Program). Staff is al~§~ng that Council ~ ut City Manager to sign the contract with No~~i~~>Services and the service of ........... ~i~¢~$'" '~ ii~. ' . =~==~ .......... determining eligibility for ~n~~ba~~=.,.~he Proc gu~dehnes. In,bally, the City will offer rebates ~'="'any ~ of Uk~~~o purchases energy star appliance or weatherization s~~at provid~"' potential of reducing their home or businesses energy costs. ::~'i~:~ ....................................... ..... :.?~:~::~??~:=~ ...... ,~re ag.,,~ pending applicants for the Program. Ms. a ~ted that there are some applicants who have Program sin~ ;ouncil approved it in November 2001 and Se~ices to consider those customers and provide the can produce the receipt if it is dated after November ...................................... way, the City would be offering the rebate retroactively. Auth, Service,, Baldwin, Councilm~ .... the Energy Conservation Program Guidelines and e City sign the contract for services with North Coast Energy ried by g roll call vote: AYES: Councilmembers Larson, NOES: None. ABSTAIN: None. ABSENT: Smith and Libby. ........ ~iii',iiiiii iiiii!iii~i~==::,~Mayor stated that the efforts under the Public Benefits Program have evolved .... '"~':~ii!i!!iliii~to very comprehensive and the City should be proud 11 ,,i~,~,~,,~O U N C I L R E P ORT S c~ilmember Larson reported that he attended a Board of Supervisors' hearing re~'~'rding the Masonite water rights acquisition. He also attended a meeting with the Regular City Council Meeting November 20, 2002 Page 4 of 7 consultant for the cable franchise contract regarding public access participants. Some have public television on their cable franchise but all of their equipment is too antiquated to function well. There was discussion of City Councils in the County a portion of the revenues from the cable franchise agreement to public access so that Planning Commission and City Council meetings, as well as comm~ could be televised. Councilmember Baldwin advised that he was very impressed of both the City Manager and City Attorney in relation to the the Masonite Negative Declaration. Mayor Ashiku reported that on November Manager/MayodCounty Leadership meeting in Willits They were there to discuss some of the common that they have been experiencing. City Manager Horsley advised that the ,ction failed to attend. and lack of communicatio~i?~?~i~:~:~::i: me~ii~'~ii~Ovember 22~ and it has been rescheduled for December 6, 2002. Larson that he sh~ii? .,end~t. ':=. meeting and Mayor Ashiku advised Mayor Elect ...~ ......... ~.. discuss some areas of commun' that could be improvedi~::~::~ained that as a private citizen, after Decembe~ ,uld be working with ~'~":~:~.i:~ ........... ~a~-ny from Santa Rosa to relocate their busin where they w~!~bvide restoration of old airplanes. 12. CITY MANGER/CITY City Manager Horsley advised that 2002, 6:30 p.m fo ~""::is scheduled for December 3, City Hall. TM ..... She repo~ n~ Nix regarding the Standley Street ich to reply. She inquired as to what agreement is not reached. It was the negotiations. should inform Council of the results of the to th Libby should b{ 10. S~ rted that meeti~ ..as welc( for a reception to be held on December 4th prior ~nor Mayor Ashiku and outgoing Councilmember Kathy the new Mayor and Councilmembers. The Council meeting following the reception at 6:30 p.m. NEW the City Manager to Enter into An Agreement with Layne Company in an Amount Not to Exceed $644,900 to Increase Production From the City's Ranney Collector and Approval of et Amendment Rigert, representing Layne Christenson, spoke regarding the condition of the Ranney Collector Well and what is currently proposed to increase the capacity of the Regular City Council Meeting November 20, 2002 Page 5 of 7 well. He presented a Power Point presentation displaying how the Ranney Collector works. The Ranney well is designed to produce high yields by including infiltration of water from the Russian River. He discussed the current lateral configuration of the well and river. degradation of the river bottom as well as changes in river flows, the ' its flow and has migrated away from the laterals in contributing collected data during previous studies are used to take into thickness, storability, distance to recharge boundary of the minimum yield of the well based on Iow and high flow, and the d They propose to add more efficient laterals and bottom so as to obtain as much contribution from th, are based on maximizing the aquifer and have sustained yield out of the well at approximatel, All of the materials they use in the well from a hydra~: product, and once the work is completed, the well solutions to kill any bacteria that may be present in the wE exact locations from lateral to late~ to stress the ~ll. The uifer the river as possible. Their proposal~i?~,!!, th~t.,they can maximize th~ gallon~ii~[ day. are a vegetable oil isinfected with chlorinated to look at the the caisson. Discussion followed habitat, and how the river ~d related to its ;oyote fish and wildlife is owned. Councilmember Baldwin inquired rehabilitate the production laterals. the work done in 2002. uired in 2002 to clean and the disappointing outcome of Director ~at it cost a $110,000. Mr, The than that. was outside was a drawdown and aquifer thickness. gallons and they had hoped for much more ~le to predict what the condition of the aquifer that if we don't have water to put through the plant, we Director his Staff Report provided the best solution the City could ard to expanding its sources of water. The second phase of the project agencies, such as the Department of Water Resources, Fish and the first phase is completed, the City will have a better idea of what )le. Don/Baldwin authorizing the City Manager to enter into an Agreement with Christensen Company in an amount not to exceed $644,900 to increase water Regular City Council Meeting November 20, 2002 Page 6 of 7 production from the City's Ranney Collector, and to Approve Amendment to the 2002/03 Budget increasing expenditures in Account 840.3850.800.000 by $644,900. Motion carried by the following roll call vote' AYES: Councilmembers Larson~ and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilme~ and Libby. 10. NEW BUSINESS 10c. Discussion and Possible Action Re_qardin~ Masonite City Manager Horsley advised that it is to be discussed in closed s; 9. UNFINISHED BUSINESS 9c. Consideration and Possible Adoption of Cod Mayor Ashiku advised that he and Vice-Mayor conduct policy for the City Council. It includes staff and the public. have formulated a code o~.i .... guidel~i~, between Council an~?? Vice-Mayor Baldwin discussed the proper way for staff. Contact should be made through the City Mana¢ the inquiry. Councilmembers should not promise the publ do things until it is cleared with th Mayor to maintain order in disruptive at meetings. Both Mayor Ashiku and Vice-Mayo for editing and presented to the to interact with ce so that she is aware of Id get Staff to ~sibility of the public who are be given to Staff 8:32 p.m.' Adjo 8:40 p.m.' 13. No action ~ment Closed Session. Le_qal Co ~61, Anticipated Litigation, Initiation of 54956.9 (c)- 1 Case IT is, the City Council meeting was adjourned at 9:25 p.m. Regular City Council Meeting November 20, 2002 Page 7 of 7 ITEM NO. 4a DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION DECLARING RESULTS OF MUNICIPAL ELECTION OF NOVEMBER 5, 2002 AND SWEARING IN CEREMONY FOR MAYOR ERIC LARSON AND COUNClLMEMBERS PHILIP BALDWIN AND PAUL ANDERSEN Now that all of the votes from the November 5, 2002 election have been verified by the Mendocino County Clerk, the City Council must adopt a Resolution declaring the results of the Municipal Election. After the Resolution is adopted, the newly elected officials may then be sworn in by City Clerk Marie Ulvila. Staff recommends that the Resolution be adopted and that the City Clerk administer the oaths of office for the Mayor and the two newly elected City Councilmembers. RECOMMENDED ACTION: Adopt Resolution Declaring Results of November 5, 2002 Municipal Election. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Citizen Advised: Requested by: · Prepared by: Coordinated with' Attachments: N/A City of Ukiah Electorate · Marie Ulvila, City Clerk ~'~/~."~-~,~_.. ~-~J/_.z.-~-~_~_.,~._..,'' ~ ' ' Candace Horsley, City Manager 1. Resolution with Attachment APPROVED: Candace Horsley, City IV~nager ASR:Election Results 2002 ATTACHMENT RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Ukiah, California, on Tuesday, November 5, 2002, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the City Council of the City of Ukiah has reviewed the returns from the November 5, 2002 General Municipal Election based on the ballot count provided by the County Clerk of Mendocino County, pursuant to Resolution No. 2002-43 of the City Council of the City of Ukiah, and attached as Exhibit A; and WHEREAS, subject to receipt of the Certificate of the County Clerk of the result of the County Clerk's canvass of the Consolidated Election Results for the November 5, 2002 General Municipal and Statewide General Election, the City Council finds as a result of said count and review that the number of votes cast, the names of the persons voted for, and other matters as required by law are as hereinafter stated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council does declare and determine that the following persons were elected to the following offices respectively: ERIC LARSON was elected Mayor of the City of Ukiah for the full term of two years from and after November 2, 2004, and until a successor is elected and qualified. Resolution No. 2003- Page 1of 2 PAUL ANDERSEN was elected a member of the City Council for the full term of four years from and after November 7, 2006, and until a successor is elected and qualified. PHILIP BALDWIN was elected a member of the City Council for the full term of four years from and after November 7, 2006, and until a successor is elected and qualified. SECTION 2. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED this 4th day December 2002, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2003- Page 2of 2 EXHIBIT CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE GENERAL ELECTION IN THE CITY OF UKIAH HELD ON NOVEMBER 5, 2002 STATE OF CALIFORNIA COUNTY OF MENDOCINO ) )ss ) I, MARSHA A. WHARFF, County Clerk of said County, do hereby certify that I did canvass the returns of the votes cast in the General Election held November 5, 2002, in the City of Ukiah, and that the Statement of the Votes Cast, to which this certificate is attached, shows the whole number of votes cast in each of the respective consolidated precincts therein, and that the totals of the respective columns and the totals as shown for each candidate and for and against each measure are full, true and correct. WITNESS MY HAND AND OFFICIAL SEAL this 20th day of November, 2002. (SEAL) MARSHA A. WHARFF Assessor-County Clerk-Recorder Number 4~. 804. of Ukiah rEMENT OF VOTE~ioN~ Ma Counci[member (Vote for 2) PREC. NO. 200001 PREC. NO. 20000~ · PREC..NO. 20000 · PREC. NO. PREC. NO. PREC. NO. PREC. NO. 200( PREC. NO, PREC. HO. · PREC. NO. 20000 PREC. NO. 20001 PREC. NO. PREC. NO, 20000 PREC. NO. PREC. NO. 2001 · PREC.'NO. . PREC. NO. PREC. NO. 20001 PREC. NO. PREC. NO. 20001( 0 T A L S **** SUMMARY ~e Number STATEMENT of Ukiah ELE ouncflmember (Vote for 2) Votes Cast is[ative Districts ressfona[ Dist !nd State Senator Dist 1st State Assemb[, Distri LDisl [ Dist aL Dis~ aL Dist ities Arena Jki ah ~illits Total Cast at PoLLs L aa[Lot Precincts TOTAL OFFICIAL STATEMENT OF WRITE-IN VOTES CAST AT THE GENERAL ELECTION, NOVEMBER 5, 2002 CITY OF UKIAH - MAYOR Page 3 :R T T J iS O O iT U U ~E T T R E P D E R O E 'T N E T R A S G E 7407 3842 51.90/0 0.0% AB~E~T. PREC. NO. 200001 ' , 0.0% 2 "' ABSENT. PREC. NO. 200004 0.0% 1 ABSENT. PREC. NO. 200009 0.0% 1 ABSENT. PREC. NO. 200010 0.0% 1 0.0% 0.0% 0.0% PRECINCT BALLOTS 3842 5 ' ' No wdt~in v~es were ~st for any write-in ~ndida{e for Ci~ of ukiah Mayor exce;~t in ~e above listed'A~s~ntee Pr~incts. AGENDA SUMMARY ITEM NO: 6a. DATE: December 4, 2002 REPORT SUBJECT: ADOPTION OF ORDINANCE PREZONING APN 184-100-05 ANDAPN 003- 330-66 TO THE P-F (PUBLIC FACILITIES) ZONING CLASSIFICATION SUMMARY: On November 20, 2002, the City Council conducted a public hearing and voted 3-0 (Councilmembers Libby and Smith absent) to introduce the Ordinance prezoning APN 184-100-05 and APN 003-330-66 to the P-F (Public Facilities) Zoning Classification. The Ordinance has been prepared in final form and is ready for adoption. Background: The project involves the prezoning and eventual annexation of two separate parcels of City owned land into the City limits. Parcel 1 (APN 184-100-05) comprises 15.45 acres and is situated north of and adjacent to the City wastewater treatment plant. It is developed with a wastewater settling pond and is an integral part of the wastewater treatment facility. Parcel 2 (APN 003-330-66) is comprised of a 1.94-acre parcel southwest of and adjacent to the Ukiah Municipal Airport. It is currently being developed with airplane hangers and will be an integral part of the Ukiah Municipal Airport facility. The two parcels are adjacent to City limits, intended for long-term public facility use, and can be adequately served by City utilities and all other public services. Accordingly, it is logical and reasonable to annex these parcels into the City limits. Prior to pursuing annexation, the City must "Prezone" the parcels. This is accomplished by adopting an Ordinance establishing zoning on the parcels that would become effective upon their annexation. RECOMMENDED ACTION: Adopt the Ordinance prezoning APN 184-100-05 and APN 003-330- 66 to the P-F (Public Facilities) Zoning Classification. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Ordinance and provide direction to Staff. Citizen Advised: Publicly noticed according to the requirements of the Ukiah Municipal Code. Requested by: Planning and Community Development Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1. Ordinance prezoning APN 184-100-05 and APN 003-330-66 to the P-F (Public Facilities) Zoning Classification. APPROVED: CanOe Horsley, City,Manager ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH PREZONING TVVO PARCELS OF CITY-OWNED LAND (APN 184-100-05 AND 003-330-66) The City Council of the City of Ukiah hereby ordains as follows: Section One The City of Ukiah is pursuing annexation of two city-owned parcels of land that are adjacent to property already within the City limits. Section Two Pursuant to California Government Code Section 65859, the City has the authority to pre-zone property which is subject to possible annexation. Section Three The proposed pre-zone is consistent with the goals and policies of the Ukiah General Plan, because the parcels are owned by the City, are located within the City's Sphere of Influence, and they are parcels developed with public facilities that are unlikely during the life of the Plan to be declared "surplus" property. Section Four APN's 184-100-05 comprised of approximately 15.45 acres and 003-330-06 comprised approximately 1.94 acres are pre-zoned to "P-F" (Public Facilities) as shown on the attached Exhibit "A". These pre-zone classifications shall become effective at such time as these parcels are annexed to the City of Ukiah. The official Zoning Map of the City of Ukiah shall be amended at that time as well. Section Five This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section Six This Ordinance shall become effective upon the annexation of the subject parcels. Introduced by title only on November 21, 2002 by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku NOES: None ABSENT: Councilmembers Smith and Libby ABSTAIN: None Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: by the following roll call vote: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk APPROVED AS TO FORM: By: David Rapport, CITY ATTORNEY ITEM NO. 6b DATE: DECEMBER 4, 2002 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM RALPH COLLETT, CORINNE MITCHELL, AND LEONARDO ALVAREZ AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Ralph Collett was received by the City of Ukiah on October 28, 2002 and alleges damages related to a traffic incident at 949 West Standley on October 22, 2002. The claim from Corinne Mitchell was received by the City of Ukiah on October 29, 2002 and alleges damages related to a traffic incident on Highway 101 north of Perkins on October 15, 2002.. The claim from Leonardo Alvarez was received by the City of Ukiah on November 14, 2002 and alleges damages related to a traffic incident on South State Street at Cherry Street on September 3, 2002. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION:Reject Claims For Damages Received From Ralph Collett, Corinne Mitchell, and Leonardo Alvarez And Refer Them To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimants Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Ralph Collett, pages 1-2; 2. Claim of Corinne Mitchell, pages 3-5; 3. Claim of Leonardo Alvarez, pages 6-21. Candace Horsley, City M~,~ager mfh:asrcc02 1106CLAIM State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: C/TY OF UK/AH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIF This claim rnust be presented, as prescdbed by Pa~-ls 3 an'd4 of Division 3.6, of 2. of the Government r the OCT 2 CITY S DEPARTMENT CLAIMANT'S ADDRESS: ~/ ~ ' ~ '~)~ D ~, ~ ~ ~ Number/Street and/or Post Office Box ,; State Home Phone Number Zip Code Work Phone Number PERSON TO WHOM NOTICES REGARDING'THIS CLAIM SHOULD BE SENT (if different from above): Name Re o Number/Street and/or Post Office Box City State DA TE OF THE ACCIDENT OR OCCURRENCE: ~ .-~ ~ ~_._:~p.~___ Telephone /~ ~ y- Zip Code PLACE OF ACCIDENT OR OCCURRENCE: ~ ~,d ,z~? ~- ~ GENE~L DESC~PTiON OF THE ACCIDENT OR OCCURRENCE (A~ch add~nal page(s), ff more' space is needed: 1 NAME(S), ff known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: 8. WITNESS(ES), ff known (optional): Name a. Address b. 9. DOCTOR(S)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREATED: Name a. Address Telephone Telephone b.' 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, D~IMAGE OR LOSS so far . '-- .....--- - - 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar' as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shaft indicate whether the claim would be a limited civil case (CCP § 85)." Amou .rrt Claimed $ ~ 5 ~. .~ q -~'~~ or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for. Genera/damages: b. Estimated prospective damages as far as known: ,Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective genera/damages: $ $ $ $ $ $ IThis claim must be signed by the claimant or by some person on his/her behalf. A c/aim relating to a cause ~ acfion for death or for injury to the person or to personal property or growing crops shall be presented not later than ~ six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating l I to any other causes of action shall be presented not later than one [1) year after accrual of the cause~ of action. SIGNATURE OF CLAIMANT(S) Received in the Office of the City Clerk this ,,~d~~day of ~J/~_~~~ ,. , 20 ~. . NOTE: This form of claim is for your convenience only. Any other type of form rrr~y be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal tfghts or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5118199 NOTICE OF CLAIM AGAIN THE CITY OF UKIAH, CALIFO This c/aim must be presented, a~ prescrib ed by Parts 3 and 4 of Division 3. 6, of Ti! Slate of California. by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CITY OF UKIAH Affn: City Clerk 300 Seminary Avenue Ukiah, California 95482 3. CLAIMANT'S NAME: CLAIMANT, s ADDRESs: CITY OF UKIAH CITY CLERK'S DEPARTMENT Number/Street and/or Post Office Box '[ City State Home Phone Number Zip Code Work Phone Number PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Nurnber/~lreet and/or Post Office Box ~ity-'- State __ Telephone zip code 4, DA TE OF THE ACCIDENT OR OCCURRENCE: ~ ~ / ~ -:~-.C~. ~L~.. '-~.~ . ,~c~, u~ u~'u~CE (A~ach additional page(s), if more sp~ace ~= needed): . ~' ~' ~ ' - ' -'. . · . - ~: ' WITNESS(ES), if known (optional)! Name Address Telephone ! DOCTOR($)/HOSPITAL(S,), if anJ/, WHERE CLAIMANT WAS TREA TED: Name Address a. ,.,..,. b. Telephone 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it rn.,:~y be known at the time of presentation of the claim: ' ___.. _~ :, c c..~'..-~-L ~.:~._ ~-:~.~ Z~-.Ic_L... .'2""~ ~.~ -" , -~,~ ~ ~--..~ ~-C~-~ /~ L~"~' . .~.'"~_L~:' ~L.. ~ ~:~:~., , II. STATE THE AMOUNT CLAIMED if it totals less than ten thousa.nd dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any pro,~pective injury, damage orloss, insofar as it may be known at the time of the presentation of the claim, together w/th the basis of computation of the amount clain~ed (for computation use #12 below). However, if the 'amount c/aimed exceeds ten thousand dollars ($10, 000), no dollar amount shall be included in the c/aim. H~ever, it shall indicate whetherthe claim would be a limited civil case (CCP § 85). ' ... 12. Amount Claimed $__ or Applicable Jur(sdiction THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS 'FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for. Genera/damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospecEve special damages: Prospective general damages: This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a ~ for death orforinjury lo the per, on or to personal property or growing crops shall be presented not laterthan six (6) calendar months 'or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. S/GNA TURE OF CLAIMANT(S) Received m the Office of the C ' ' NOTE: This fo~ ol ~aim is for vour convenience only ~ ..... ~-- ~ ..... saSsfie~ ~e re~iremenls of the Government Code. The use of this fo~ is not intended in anyway to a~se you of your leg~! ¢ights ~ to Inter,et any law. N you are in doubt re~ardi~g your legM rights or the lnte~retaEen of eny law, you should seek legal counsel oI your choice at your own e~ense. 10/24/2002 ?E~ 1~:58 F&[ 4~.!+60§8 UKIAIt POLICE ~ FIRE !~008 NOTICE OF CLAIM AGAI THE CITY OF UKIA'H, CALIFOR] This rJaim must be presenMd, as prescrlbed by Parts 3 and4 m' Division State of carEorr~a, by the daim~ or by a person acting on i~,.;/her behalf. RETURN COMPLETED FORM TO: C/TY OF UtEAH Attn: City Clerk 300 Seminary Avenue, Uklah, California 95482 II CLAIMANT'S NAME: 2. CLAIMANT'S ADDRE~: U K ~ A I-t c ..a, . qt;3~qOfl , Home ~ Nuag~r Cl 5 cid-'2. . Z~p Oode 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT ('If different fr~m above): Nc~nb~et ~n"~ier P~t Olfiee B~ StMe 5. PLACE OF ACCIDENT OR OCCURRENC~). ~q-~, ,c~ ( e ~.~ ( 3 GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Afl:ach addNienal ~s), ff more a~w~e Is needed); -7, NAME(S), if knewn, OF ANY PUBLIC EMPLOYEE(S,)ALLEGEDLY CAUSING THE INJURY OR LOSS: i WITNESS(ES). if Imown (opffonaO; b. ii lz/OJ./02 10'10 FAX 9252749650 :L0/24/2002 'lEU 12'55 F&X 452+8068 Ij-EIAH POLICE ~ FIRE ]009 008/003 9. DOCTOR(S)/HOSPITAL($), if an~ WHERE CLAIMAlkT WAS TREATED: Name Ad~___ 10. G~~ D~C~N O~ ~E IND~DNESS, O~A~ON, I~UR~ D~AGE OR LO~S ~ ~r tt, STATE THE AMOUNT CLAIMED ff it tofal= less thao ten thOuMr~ do#~rs ($10,000) as of the date of presenia#on of fhe olafm, inctu~ tho esfJmated arnou~t of any pro=pecb've injury, damage or/os, lrm~r as [f nmy [:~ known ~a~ f~e fifflo of the prooon~fJon of tho o/aim, ~c~hor wf~h thc b~af~ of oomputa#on of~ amount cl~mod (for compu~#on ~ #12 below). Hovrever, it the =mount clsimed exceed~ fen 'thou~nd doisrs ($ f O, O00), no dollsr amount shell t)e lncfuded ]n the cfefrn. However,/t ~/m~/nd/Gam whelm Cfa/m would be a limited d~7 ~a;e (CCP ~ 85). ' Amount CMimed $ or AppllcableJurtsdict[on 12. THE BA~I$ OF COMPU77NG THE TOTAL AMOUNT CLA/MED IS AS FOLLOWS: lOSS of eamlng~' Speofal damages for. J ~neml da~g~: ~m~ ~p~ da~g~ aa far ~ F~m e~~s ~ m~l a~ h~[ ~: ~s~~ ~ne~ d~~s: This claim must be signed by the ~'~manf orby some per=on on his/her behalf. A cta[m-relaffng !for death or for injury to the per=on otto personal property or [;row[ng crops shall be presented not Mfer U~an dx (6) ~ celendar months or f82 days after ~ ao=rual of the cause of ach'on, whichever is longer. Clain~. relaEng to =ny Da~ed: i ~ ,_; q - 0 2< .... . , .~/~ ~IONA TUREOP CLAIMANT(~) %./------- ii i --- __ _ sallies the requirements of fbi GovMl?ment Code. The use t( this form is hot intended in any lvay to your legal rights er to infwpret any law, If you are in doubt rega~'o~ng your legal [fghts or the interpreMdon of any Jaw'~ you ~d?ouid seek legal ¢OLmSe/Of your dm/ce at your own · ~ . I~: "%.,. ~ o 0 ~ :E,. .... ~, ~ '>- I~' illl' ~ 0 ~ i~. ~ ~11 IIII, ~ · ~ ia' ~ '~11111 IIII .... '. I-I~1 ~ ~ ',-~ ~ ~ ,llllllli[?' ~ '"' 11 '11111~ :'~'= IIII III1~ ~'~ ~ I ~0 1111111111 ' t,. · - ~1 ~ ,,, I;1~% "' '" ~ ~ [11'~ Iii ".., Ill -- Ih ..... '., .". . . ~ . .:... ) '- ql IIIII1~" I~' : . .....~ ~ ~ ., ~ ~ ,,, :' i~a ?" ~ .~ ~:.. ::: ~ ::~. -... [ I .tu. '" ?.. .... . . · . . . :. .... L"rt '[1111 Ilili[llll, I C i"11 , - -,: -dventist Health UKIAH VALLEY MEDICAL CENTER 275 HOSPITAL DRIVE UKIAH, CA 95482-4531 Custon-,.~- $~:'~-.'~0.~ {707) 463-7670 ADDRESSEE: Ilil II,l,,,l,l,,l,,ll,,J,,,I,II,,I,,,ll,ll,,,,,I,Ill,,,I,,,I,,I,ll ALVAREZ, LEONARDO 1142 MULBERRY ST ~7 UKIAH, CA 95482-8302 S T A T E M E N T INSURANCE CLAIM FILED. A STATEMENT WILL BE SENT EACH MONTH YOUR ACCOUNT HAS A BALANCE. WE CAN'T ACCEPT RESPONSIBILITY FOR A DISPUTED CLAIM. THANK YOU. M-T 9-4, F 9-3 PAGE: I 9--:1514 AAA CALIF STATE AUTO ASSN 6N35531 ALVAREZ, LEONARDO 09/10~02 09/03/02 09/03/02 09/03/02 09/03/02 09/03/02 5008883 5001516 3700309 6610034 6611925 i KETOROLAC INJ 4 HYDRO/APAP TAB I XR CERVICAL SPINE I ER LEVEL III EVAL I ER-PROCD INTRA **** STATEMENT SUMMARY **** * TOTAL ACCOUNT CHARGES * * TOTAL ACCOUNT PAYMENTS * * TOTAL ACCOUNT ADJUSTMENTS * ** CURRENT ACCOUNT BALANCE ** 72050TC 90782 56.35 40.00 464.55 528.08 77.95 1,166.93 .00 .00 1,166.93 1327'0RGOQ7QN8000021 IBIBII IEIBEIIilIIIBIIiiB] 333 [2AWS AVE, UKIAH CA 95452-6540 For Billing Questions, Please 707-468-1010 ALVAREZ, LEONARDO 1142 MULBERRY ST APT 7 UKIAH CA 95482-8302 Call: MENDO COMM HEALTH CLN, INC 333 LAWS AVE UKIAH CA 95482-6540 Page 1 .................................................................................................................................................................................................................... .P.J.~a~..r.~.~ur.r]..~lli~.p.o..rt. io.q..~iih...y.o.u.r.m~m..er3..t ................ 09/09/02 LEONARDO OFFICE VISIT, NEW, FOCUSED 50.00 ........ ~'0"~"~'0 ......... '" Tin: 68-0259045 Payments received after 09-05-02 may not be shown on this statement. _ tO-- 0.00 50.00 236 UKIAH VALLEY MEDICAL CENTER 275 Hospital Drive, Ukiah CA 95482 (707) 462-3111 Discharge Instructions NECk SPRAIN An injury to the muscles (STRAIN) or tearing of the ligaments (SPRAIN) that support the joints are common causes of pain in the neck. This usually begins after a sudden turning/bending force (such as in a car accident) or sometimes after a simple awkward movement. In either case, muscle spasm is commonly present and contributes to the pain. HOME CARE: 1) Rest and relax the muscles. Use a comfortable pillow that supports the head and l~eeps the spine in a neutral position. The position of the head should not be tilted forward or backward. 2) Ice packs (crushed or cubed ice in a plastic bag, wrapped in a towel) are best for 20 minutes every 2-4 hours during the first two days after a new injury. Local heat (hot shower, hot bath or heating pad) and massage will help reduce muscle spasm. You can start with ice packs then switch to heat after two days. Some patients feel best alternating treatments. Use the method that feels best to you for. 3) You may take Tylenol (acetaminophen) or ibuprofen (Advil, Motrin) for pain, unless another pain medicine was prescribed. FOLLOW UP with your physician or this facility if your symptoms do not show signs of improvement after one week. Physical therapy may be needed. [NOTE: If x-rays were taken, they will be reviewed by a radiologist. You will be notified of any new findings that may affect your care.] RETURN PROMPTLY or contact your doctor if any of the following occur: -- Pain becomes worse or spreads into your arms - Weakness or numbness in one or both arms _ I. t-" The exam and treatment that you received today has been provided on an emergency basis only. If your problem worsens or new symptoms appear, contact your doctor or return to this facility for further care. California state law requires that children under 6 yars of age or less than 60 pounds must use an approved CAR SAFETY SEAT. 9/3/2002 (20:37) EMERGENCY DEPARTMENT Page 1 of 1 September 9. 2002 Leonardo Alvarez 1142 Mulberry St #7 Ukiah, CA 954820000 California State ,4utomobile ,4ssoeiation Inter-Insurance Bureau P.O. Box 920 Suisun CiO; C.4 94585-0920 Re-' Insured: Leonardo Alvarez Claim No.: 03-6N3553-1 Date of Loss: 09/03/2002 F258K (Apr 2002_) Dear Leonardo Alvarez · This letter will serve to acknowledge the claim you recently reported as well as to supply you with information that will assist you with the handling of your claim. [-] Collision Deductible $0 [-] Comprehensive Deductible $0 [~ Medical Payments $5,000 ["] Uninsured Motorist $15,000/$30,000 [-"] Bodily Injury-Liability $15,000/$30,000 ['-1 Property Damage-Liability $25,000 [-] Uninsured Property Damage $0 Your initial claim report indicated that you were injured as a result of this loss. The CSAA Members Car Policy provides coverage for certain reasonable and necessary medical expenses incurred within one year of the date of loss, subject to the applicable policy limits. A copy of the Medical Payments Coverage and other pertinent portions of the CSAA Members Car Policy explaining your fights and obligations when presenting a claim for medical expenses resulting from an accident covered under',his policy are enclosed. In order to service and process your Medical Payments claim properly and promptly, please have the enclosed Medical payments claim forms completed and returned as soon as possible. The Medical Authorization form(s) will need to be dated and signed at the bottom where indicated. The Medical Payments Proof of Claim form will need to be dated and signed and include the names of all medical providers. The Attending Physician Report will need to be completed by your treating doctor. The mailing address for all documents, bills or other correspondence relating to this claim is as follows: CSAA PO Box 920 Suisun City, CA 94585 FAX (707) 863-9052 Remember to put your claim number on all documents. Please be advised that California State Automobile Association Inter-Insurance Bureau only retains eleetronie copies of all documentation submitted in connection with your claim. Accordingly, please do not send originals of any documents to us. We cannot return, maintain or forward original documents sent to us. Therefore, if you are unable to submit a copy of a document to us, please immediately contact your Claim Representative for assistance. As a service to our members, we will complete and submit the SR-1 DMV Notification form electronically. If you should have any questions regarding your policy coverage for this loss. or any other aspect of this claim, please feel free to contact the undersigned. - Sincerely, Claims Coordinator 1 1-888-350_8900 extension 3171 95482 TAX RECEIPT 09/23/02 Rx C lf$ 297 Dr. Comstock G VZCODIN 5/500 TABS #20 A-DC# 0~074 1949-14 ................................... $ ~H~IL~~CY 695 SOUTH DORA UKIAH, ca 95482 PHARMACY "-" " Leonardo Alvarez 1142 MURBERRY #7 UK/AH, CA 95482 DUPLRCATE RECIEIP' 09/23/02 Rx C 158 297 ~~ vIcoDI~ s/soo Taks #20 NDC# 00074-1949-14 l: ................................... $ 14.95 PATIENT COUNSELING Rx C 158 297 Dr. Comstock G Leonardo Alvarez 09/23/02 KO VICODIN 5/500 TABS//20 Take one tablet by mouth every night at bedtime as needed. 1142 MURBERRY//7 UKIAH, CA 95482 ( ~63-8409 THIS INFORMATION IS NOT INTENDED TO BE COMPREHENSIVE AND IS ONLY TO SUPPLEMENT, NOT REPLACE, THE EXPERTISE OR PROFESSIONAL JUDG~ OF YOUR HEALTHCARE PROFESSIONAL. IF THERE ARE QUESTIONS CONCERNINO THIS INFORMATION CONSULT YOUR HEALTHCARE PROFESSIONAL. * May be habit forming * Do not increase dose without calling doctor * May make you sleepy; Use caution driving * Avoid other medicines containing the same drug * Avoid other drugs that make you sleepy * Do not use more often than recommended by Dr. * Seek immediate help if overdose is suspected * Consult doctor about long term use Consult your pharmacist or physician with a list of medications you are currently taking if you have any questions about adverse drug reactions. -tq- 189879 MCHC, INC. 333 LAWS AVE - (707) 468-1010 UKIAH, CALIFORNIA 95482 189765 MCHC, INC. 333 LAWS AVE- (707) 468-1010 UKIAH, CALIFORNIA 95482 AMT RIEC'D 189834 MCHC, INC. 333 LAWS AVE - (707) 468-1010 UKIAH, CALIFORNIA 95482 NOTES RECEIPT ADDRESS .o. 8131 r ACCOUNT ": ~'"' i::HOW~ PAIQ?:~':.>:. '?,j0 '~,. .c.,~ ~ ~ PAID .' : ~3;' ~,~ DUE ORD~:' By ~1998 [~[]~-0('~I® 8K806 PHARMACY l. eortardo Alvarez 1142 MURBERRY UKIAH, CA 95482 TAX R ECEiP:'r''- 09/09/02 PHARMACY ~.:_~" Leonardo Alvarez 1142 MURBERRY UKIAH, CA 95482 595 SOUT"-I DORA UK]AH, CA 95482 DUPLICATE RECEIPT 09/O9/O2 ,, Rx C 157 273 ~:. Zimmerman R V!CODIN 5/500.TABS #15 NDC# 00074-1949-L4 ~: ................................... $ 12.~5 RxC 157 273 pr. Zimmerman R vrcoDi~ s/soo TX~S #~s NDC# 0oo74-~949-~4 ~: ................................... $ 12.75 PHONE 462-7575 PATIENT COUNSELING 157 273 Dr. Zimmerrnan R Leonardo Alvarez 09/09/02 KO VICODIN 5/500 TABS #15 Take one tablet by mouth every night at bedtime for pain. 1142 MURBERRY #7 UKIAH, CA 95482 ( )463-8409 THIS INFORMATION IS NOT INTENDED TO BE COHPREHENSIVE AND IS ONLY TO SUPPLEMENT, NOT REPLACE, THE EXPERTISE OR PROFESSIONAL ~3'DG~.~NT OF YOUR HEALTHCARE PROFESSIONAL. IF THERE ARE QUESTIONS CONCERNING THIS INFORMATION CONSULT YOUR HEALTHCARE PROFESSIONAL. * May be habit formin~ * Do not increase dose without calling doctor * May make you sleepy; Use caution driving * Avoid other medicines containing the same drug * Avoid other drugs that make you sleepy * Do not use more often than recommended by Dr. * Seek immediate help if overdose is suspected * Consult doctor about long term use Consult your pharmacist or physiciart with a list of medications you are currently taking if you have any questions about adverse drug reactions. MACY Leonardo Alvarez 1142 MURBERRY #7 UKIAH, CA 95482 PHONE 462.7575 695 SOUTH DORA UKIAH, CA 95482 TAX RECEIPT 09/09/02 Rx 157 275 ~ Dr. Zimmerman R NAPR0XEN 500MG TABS WZ #20 N'DC# 52544-0791-05 PHARMACY Leonardo Alvarez 1142 MURBERRY//7 UKIAH, CA 95482 z: ................................... $ 14.75 ~l~'~ ~' PHA'a~M'A'CY ~ 695 SOUTH DORA UKIAH, CA 95482 PHONE 462-7575 695 SOUTH DORA UKIAH, CA 95;482 DUPLICATE RECEIP' 09/09/02 Rx 157275 Dr. Zimmerman R ~ NAPROXEN 500MG TABS WZ #20 NDC# 52544-0791-05 1: ................................... $ 14.75 PHONE 462-7575 PATIENT COUNSELING Rx 157 275 Dr. Zimmerman R Leonardo Aivarez 09/09/02 KO NAPROXEN 500MG TABS WZ//20 Take one tablet by mouth twice a day. 1142 MURBERRY #7 UKIAH, CA 95482 ( )463-8409 THIS INFORMATION IS NOT INTENDED TO BE COM3PREF.~.NSIVE AND IS ONLY TO SUPPLEMENT, NOT C I N '~ ~ .,.~.,,~.,xu.~.~x~.u~ CV~UU~.T YOUR HEALTHCARE PROFESSIONAL. * Tell your pharmacist & Dr if you have allergies * Best to take with food to lessen stomach upset * May make you sleepy; Use caution driving * Skip missed dose if almost time for next dose * Tell your doctor your comple'te medical history * Do not take aspirin or aspirin like products * Call Dr if you have black stools or stomach pain * Store at room temperature away from heat & sunlight Consult vour oharmacist or physician, with a li.~t nf mpdir~tinne vn,, ~r,, MACY Leonardo Alvarez 1142 MURBERRY//7 UKIAH, CA 95482 PHONE 462-7575 695 SOUTH DORA UKIAH, CA 95482 TAX RECEIPT 09/04/02 RxC 156 846 Dr. Franklin EYDROCOD/APAp 5/500MC TABS WZ #30 (Generic for VICODIN 5/500 T mc# oos9~-o349-o~ l: ................................... $ 9.75 Rx C 156 846 Dr. Franklin Leonardo Alvarez 09/04/02 KO HYDROCOD/APAP 5/500MG TABS WZ Take one to two tablets by mouth every four hours as needed pain. PHARMACY Leonardo Alvarez 1142 MURBERRY//7 UKIAH, CA 95482 PHONE 462-7575 695 SOUTH DORA UKIAH, CA 95;t82 DUPLICATE RECEIP 09/04/02 HYDROCOD/APAP 5/500MG TABS WZ #30 (Generic for VICODIN 5/500 T NDC# 00591-0349-01 ~, ......................... , ......... $ PHONE 462-7575 Rx C 156 846 Dr. Franklin 695 SOUTH DORA UKIAH, CA 95482 9.75 PATIENT COUNSELING 1142 MURBERRY//7 UKIAH, CA 95482 ( )463-8409 THIS INFORMATION IS NOT INTENDED TO BE COHPREHENSIVE AND IS ONLY TO SUPPLEMENT NOT .......... -~ ..... C~Su,.'x' XOtIR HEALTHCARE PROFESSIONAL. * May be habit forming * Do not increase dose without calling doctor * May make you sleepy; Use caution driving * Avoid other medicines containing the same drug * Avoid .other drugs that make you sleepy * Do not use more often than recommended by Dr. * Seek immediate help if overdose is suspected * Consult doctor about long term use PHARMACY Leonardo Aivarez 1142 MURBERRY//7 UKIAH, CA 95482 PHONE 462-7575 695 SOUTH DORA UKIAH, CA 95482 TAX RECEIPT 09/09/02 PHARMACY Leonardo Alvarez 1142 MURBERRY//7 UKIAH, CA 95482 Rx 157 274 Dr. Zimmerman R CARISOPRODOL 350MG TABS WZ #15 (Generic for SOMA 3$0MG TABS ) ~c~ 00sg~-s$~3-~0 ~: ................................... $ 10.75 PHARMACY PHONE 462-7575 695 SOUTH DORA UKIAH, CA 95482 PHONE 462-7575 695 SOUTH DORA UKIAH, CA 95482 DUPLICATE RECEIP'; 09/09/02 1Ax 157 274 Dr. Zimmerman R CARISOPRODOL 350MG TABS WZ #15 (Generic for SOMA 350MG TABS ) NDC~ 00591-5513-10 l: ............................. , ...... $ I0.75 Rx 157 274 Dr. Zimmerrnan R Leonardo Alvarez 09/09/02 KO 1142 MURBERRY//7 UKIAH, CA 95482 CARISOPRODOL 350MG TABS WZ//15 ( )463-8409 Take 1/2 to one tablet by mouth every night at bedtime for muscle spasm. PATIENT COUNSELING THIS INFORMATION IS NOT INTENDED TO BE COMPREHENSIVE AND IS ONLY TO SUPPLEMENT, NOT REPLACE, THE EXPERTISE OR PROFESSIONAL d'UDG~',IENT OF YOUR HEALTHCARE PROFESSIONAL. IF THERE ARE QUESTIONS CONCERNING THIS INFORMATION CONSULT YOUR HEALTHCARE PROFESSIONAL. * Tell your pharmacist & Dr * May cause dizziness if you have allergies * Skip missed dose if almost time for next dose * May make you sleepy; Use caution driving * Reduce o'r avoid drinking alcohol * Avoid other drugs that make you sleepy * May cause dry mouth; Use candy or gum for relief * Store at room temperature away from heat & sunlight Cnn.~. It your oharmacist or ohv,~ician with a list of medications vn~ MACY Leonardo Alvarez 1142 MURBERRY//7 UKIAH, CA 95482 PHONE 462-7575 695 SOUTH DORA UKIAH. CA 95482 TAX RECEIPT 09/04/02 Rx 156 847 Dr. Franklin IBUPROFEN 600MG TABS UR #20 (Generic for MOTRIN 600MG TABS ) NDC# 49884-0163-01 z: ........... · ........................ $ 8.25 MACY Leonardo Alvarez 1142 MURBERRY//7 UKIAH, CA 95482 PHONE 462-7575 695 SOUTH DORA UKIAH. CA 95482 DUPLICATE RECEIP' 09/04/02 Rx 156847 Dr. Franklin IBUPROFEN 600MG TABS UR #20 (Generic for MOTRIN 600MG TABS ) NDC~ 49884-0163-01 :~" ................................... $ 8.25 PHONE 462.7575 695 SOUTH DORA UKIAH, CA 95482 PATIENT COUNSELING Rx 156 847 Dr. Franklin Leonardo Alvarez 09/04/02 KO IBUPROFEN 600MG TABS UR//20 Take one tablet by mouth every eight hours as needed. 1142 MURBERRY #7 UKIAH, CA 95482 ( )463-8409 THIS INFORMATION IS NOT INTENDED TO BE COMPREHENSIVE AND IS ONLY TO SUPPLEMENT, NOT REPLACE, THE EXPERTISE OR PROFESSIONAL J13~G~ OF YOUR HEALTHCARE PROFESSIONAL. IF THERE ARE QUESTIONS CONCERNING THIS INFORMATION CONSULT YOUR HEALTHCARE PROFESSIONAL. * Tell your pharmacist & Dr if you have allergies * Best to take with food to lessen stomach upset * May make you sleepy; Use caution driving * Skip missed dose if almost time for next dose * Tell your doctor your complete medical history * Do not take aspirin or aspirin like products * Call Dr if you have black stools or stomach pain * Store at room temperature away from heat & sunlight I ~,nn.~llt vnur nharmacist or ohvsician with a li.~t nf mp. din~tinn~ vnJl ~rp n~,rrpnfh, f~14nn if ,,~,, h~,,.. ~n, ...... ,; .... ~ ..... .~ ......~ ........ .;^,.^ 949 N. State St. Ukiah, CA 95482 462-8390 FAX: 462-3866 FARMER BROS. AUTO-BOD: INC. Co=z~i~te ColJhio~ W~rk Restoration of Fine Automobiles Custom Painting IAdi:lress Insured by Adjuster Serial No. Description of repairs and replacements Number .._..J License No. Labor Paml Amount amount laDor "t 7he sk.dls o! our pz'otes. s:ona] people c~d the mcst e~ec~ve repcm- e .q'uupmenl help us rep<mr · .,ro,~ darr, agec[ veh/cle tn :he ~es~ .Potable ',~7 For · '.~z.'zzeC b'3-u7' damage · ,;e '.~e ~h.e Chaet . · ..... ':~.~ C ~i .......... "[..-.~ - ...... ~ ..... ~ .... / · Paint laDor hours Paint & material ?.'ZT_,. '- Parts Sul31et Towing Sul3 tota~ Tax Total estlmale MEMO TO: FROM: Honorable Mayor and City Councilmembers Deputy Director of Public Works, Rick Seanor r~~ SUBJECT: Consent Calendar Item #6c Regarding Award of Bid for Demolition of Structure at 410 Talmage Road DATE: November 25, 2002 The bid opening for demolition of the structure located at 410 Talmage Road will be held at 2:00 p.m. on Wednesday, November 27th. With the Thanksgiving holiday, staff will not have sufficient time to review the bids and prepare a recommendation for Council's approval in the Council packet to be distributed on Wednesday, November 27th. However, Staff will provide Council with the staff report making the appropriate recommendation for award of bid on Monday, December 2, 2002. Memos: CC112502-bid ITEM NO. 6d DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR LIQUID POLYMER TO POLYDYNE, INC. FOR THE SUM OF $16,500. Each year it is necessary to purchase approximately 60,000 pounds of liquid polymer. Liquid polymer is a coagulant used to aid the filtering of the water at the water treatment plant. This product has proven to provide the most efficient and cost effective filter process. Total quantities are an estimate of annual usage. Orders are placed on an as-needed basis by water treatment plant personnel. Requests for Quotations through the formal bid process were sent to ten chemical suppliers. Three bids were returned and opened by the City Clerk on November 18, 2002. The Iow bid is from Polydyne, Inc. for the sum of $0.275 per pound and a total amount based on estimated annual usage of $16,500. $60,000 is budgeted in the Water Account 820.3908.520.000 for the purchase of chemicals. There are currently no local suppliers for this chemical. RECOMMENDED ACTION: Award the bid for liquid polymer to Polydyne, Inc. for the sum of $16,500. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and remand to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager 1. Tabulation of Bids APPROVED: Candace Horsley, anager ATTACHMEi, f[ L / November 2002 TABULATION OF BIDS FOR LIQUID POLYMER BIDDER PRICE PER POUND ESTIMATED TOTAL Polydyne, Inc. Stockhausen Kemiron Companies, Inc. $0.275 $0.325 $0.334 $16,500 9,500 $20,040 ITEM NO. 6e DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF THE ACQUISITION OF SERVICES FROM TIM NARVAEZ FOR RIP RAP INSTALLATION IN THE AMOUNT OF $7,090.23 SUMMARY: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing more than $5,000 but less than $10,000. The City Street Department obtained a quote from Tim Narvaez for the delivery and installation of rip rap along a failing bank of Orr Creek. The work was performed in October 2002 in accordance with the Department of Fish and Game permit. Funds for this work have been identified in fund 699.3110.800.031. A copy of the budget sheet is included as Attachment 1. RECOMMENDED ACTION: Receive and file report of the acquisition of services from Tim Narvaez for rip rap installation in the amount of $7,090.23. Report is submitted pursuant to City Code. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engin, eer~b Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager -'!- 1. Fiscal Year 2002/2003 budget sheet APPROVED: Candace Horsley, 0~ity Manager AG-OrrCreekRipRap. SUM 00000000000 000~0~ ~0000 000 ~0~ ~0000 ATTACHMENT// ITEM NO. 6f DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $20,000 FOR PAYMENT OF WASTE DISCHARGE REQUIREMENT FEE SUMMARY: In November 2002, the City of Ukiah received an invoice from the State Water Resources Control Board (SWRCB) in the amount of $20,000, for the annual Waste Discharge Requirements fee related to the Ukiah Solid Waste Disposal Site. This is a new fee which was unknown at the time of budget preparation. Staff is recommending approval of the budget amendment in order that the fees can be paid. RECOMMENDED ACTION: Approve an amendment to the 2002/2003 budget increasing expenditures in account 660.3401.630.002 by $20,000. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works ~~- Candace Horsley, City Manager 1. SWRCB Invoice 2. Fiscal Year 2002 / 2003 budget sheet 3. Budget Worksheet APPROVED: Candace ,.,s:^G-,~-wD,-~, Horsley, iL~ Manager STATE WATER RESOURCES CONTROL BOARD INVOICE Annual Fee for Waste Discharge Requirements Required by SECTION 13260 of the California Water Code Facility ID (WDID): Facility Name: 1B75043OMEN Invoice No: 0200121 UKIAH CITY SWDS Billing Period: 07/01/02-06/30/03 UKIAH, CA Invoice Date: 10/31/02 Total Amount Due by 11/30/02 ......................................................... $20,000 UKIAH, CITY OF ATTN: RICK KENNEDY 300 SEMINARY AVENUE UKIAH, CA 95482 Invoice details are shown on the back STATE WATER RESOURCES CONTROL BOARD Annual Fee for Waste Discharge Requirements Required by SECTION 13260 of the California Water Code Facility ID: 1B75043OMEN Billing Period: 07101102-06130103 Invoice No 0200121 Amount Due: $20,000 Due By: Saturday, November 30 2002 -- PLEASE REMIT YOUR PAYMENT ON OR BEFORE THE DUE DATE SHOWN ABOVE. LATE PAYMENT COULD RESULT IN PENALTIES UNDER PROVISIONS OF THE WATER CODE SECTION 13261. THESE ACTIONS COULD INCLUDE DAILY PENALTIES IN ADDITION TO YOUR FEE, OR OTHER ACTIONS DEEMED APPROPRIATE BY THE REGIONAL BOARD. Make your check payable to SWRCB FEES If you have any questions about this invoice, please call your Regional Water Quality Control Board at (707) 576-2656 Retain this portion for your records , "X "i~i~'~'~'~i~'i~,-~'~' ~i'~i; ~'~'ii~i~'~i~-~i~'~'~-~¥ ..................................................................... :~." CHECK HERE FOR ADDRESS CORRECTION ON THE BACK Invoice No: 0200121 PLEASE PRINT THIS NUMBER ON CHECK OR MONEY ORDER UKIAH, CITY OF ATTN: RICK KENNEDY 300 SEMINARY AVENUE UKIAH, CA 95482 (707~ 463-6280 SWRCB ACCOUNTING OFFICE ATTN: AFRS P. O. Box 100 SACRAMENTO, CA 95812-0100 AMouNT'DuE: $20,000 BILLING PERIOD: 07/01/02-06/30/03 DUE BY: 11/30/02 FACILITY ID (WDID): 1B75043OMEN FACILITY NAME: UKIAH CITY SWDS UKIAH, CA oo~ o ~'I'I'AC, HMENT_ ~o~ >- - ,._ ~ C.'.'.9 o .... _~ C~ co +~ E E ~1 ~ 0 0 4--' .i..~ ~ ..~, t"- ~ t"- ..~-, 0 ,..-~ 0 ~ oO 'Z' LLI'-- 0 ~ ~ ,~ ~g~oo~ -o0~ -- ' ~o, oooooo 0:8 ooo ooo 888 oooo ~8 S88888 . .~ ~ · .~ · . .... ~ ~ oo~ ~o~:oo~ ~d ~ ~o ~ o o o ~ ~ ~d .... ~ ~ ~ o~oo oo ~oooo ~ ~ ~oooo 0~000~0000 ~000 NO ~0 0000 ~ 0 0 0 ~. X ~ ~ X ~1 ~~ X ~,~ x x~ . ~ .~ . o ~ooo~~ ~oooo ~ ~ ~ ~0~ . . · · · ¢¢¢0 0 : ', '. : : : : : ', : : : : : : : ', : : : : : : ~ : ', : : ~ ~ ; : ~ t ', ', ', : ', : : ', 'g ~ ~ ~ o o ~o ~ o ~ ~0 0 O0 % ITEM NO. 6g DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 869 TO ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000049 - 2002 STIP CONSTRUCTION OF SIDEWALK ALONG NORTH STATE STREET SUMMARY: The City of Ukiah has been authorized to receive funding for the following project: 2002 STIP Construction of Sidewalk along North State Street, Project No. RPL-5049 (014), EA: 01-924578. This project will involve construction of sidewalk and curb ramps along the North State Street frontage of the Redwood Empire Fairgrounds and is expected to be constructed in spring 2003. The attached Program Supplement No. 869 is the mechanism by which the State transfers funds to the City for reimbursement of authorized project costs totaling $78,000. Staff recommends adoption of the attached resolution authorizing the execution of the program supplement. RECOMMENDED ACTION: Adopt Resolution Approving and Authorizing the Execution of Program Supplement No. 869 to Administering Agency - State Agreement for State Funded Projects No. 000049. ALTERNATIVE COUNCIL POLICY OPTIONS: Elect not to receive project reimbursement and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City En_gineer Rick Seanor, Deputy Director of Public Works~..~- Candace Horsley, City Manager 1. Resolution for Adoption 2. Program Supplement No. 869 APPROVED: r,_~ Candace Hor-sley, City ~anager AGprogSupp869.SUM ATTAOHMENT_~ RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 869 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000049 WHEREAS, the City of Ukiah has been authorized to receive state funding for the following project: 2002 STIP Construction of Sidewalk along North State Street, Project No. RPL-5049 (014), EA: 01-924578; WHEREAS, the City of Ukiah has previously executed the Agency-State Agreement (Master Agreement) with an effective date of May 17, 1999; and WHEREAS, the Program Supplement must be executed between the Agency and the State prior to the Agency receiving state funding reimbursement for eligible project costs related to Project No. RPL-5049(014). NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah approves the execution of Program Supplement No. 869 and authorizes the Mayor to execute same. PASSED AND ADOPTED this 4th day of December, 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 PROGRAM SUPPLEMENT NO. 869 to ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000049 Date: November 08, 2002 Location: 01-1V[EN-0-UIqLI Project Number: RPL-5049(014) E.A. NUmber: 01-924578 Locode: 5049 This PROGRAM SUPPLEMENT, effective 07/18/2002, is hereby incorporated into the Administering Agency - State Agreement No. 000049 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/17/99 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project, it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. PROJECT LOCATION: In the City of Ukiah - On North State Street - Construct sidewalk and Americans with Disabilities (ADA) ramps. TYPE OF WORK: Pedestrian Walkway Estimated Cost State Funds Matching Funds STATE $78,000.00 LOC..3~ $85,000.00 $7,000.00 $0.00 $0.00 CITY OF UKIAH STATE OF CALIFORNIA Department of Transportation By By Date Title Chief, Office of Project Implementati¢ Division of Local Assistance Date i hereby certify upon my personal k~ow~le~dge that budgeted funds are available for this encumbrance.. .,'?'""','" ,'/' ' '-' . :o 379 ~00~ 2660-~0~-~ ~0~-2~ ~0.3~~5 N 262040 ~2-T $78,000.00 78,000.00 Program Supplement 00-0049-869- SERIAL Page i of 4 01-MEN-0-UKI 11/08/2002 RPL-5049(014) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and a~minister this project in accordance with the most current published Local Assistance Procedures Manual. 2. This PROJECT is programmed to receive funding from the State Transportation Improvement Program (STIP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 3. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 4. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC ~uidelines and State procedures approved by the CTCand STATE, as outlined below= Funds allocated for the environmental & permits, plan specifications a estimate, and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. Program Supplement 00-0049-869- SERIAL Page 2 of 4 01-MEN-0-UKI 11/08/2002 RPL-5049(014) SPECIAL COVENANTS OR R~_MARKS 5. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 6. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications a estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 7. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 8. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 9. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 10.ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Program Supplement 00-0049-869- SERIAL Page 3 of 4 01-MEN-O-UKI 11/08/2002 RPL-5049(014) SPECIAL COVENANTS OR REMARKS Proceed" and will not Droceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). Program Supplement 00-0049-869- SERIAL Page 4 of 4 ITEM NO. 6h DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO CITY COUNCIL REGARDING PURCHASE OF AQUARITROL III PROCESS CONTROLLER FROM U.S. FILTER FOR THE SUM OF $5,362.50 Recently the Aquaritrol, the main component of the chemical pacing system at the water treatment plant, malfunctioned. Since parts are no longer available for our model, it was necessary to purchase an entirely new unit. The total cost for this new unit was $5,362.50. Since it was necessary to obtain a replacement unit in a short amount of time, the purchase was sole sourced to U.S. Filter. A Purchase Order has been issued to U.S. Filter for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive And File Report Regarding The Purchase Of An Aquaritrol III From U.S. Filter For The Sum Of $5,362.50. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager None APPROVED: Candace Hor~iey, Ci;ty ~jvla nager ITEM NO.: DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AMENDING THE GENERAL PLAN LAND USE CLASSIFICATION FOR PORTIONS OF ASSESSOR PARCEL NUMBERS 003-040-74, 75, AND 76 FROM C (COMMERCIAL) TO HDR (HIGH DENSITY RESIDENTIAL) AND INTRODUCTION OF ORDINANCE REZONING PORTIONS OF THESE PROPERTIES FROM C-1 (COMMUNITY COMMERCIAL) AND C-2 (HEAVY COMMERCIAL) TO R-3 (HIGH DENSITY RESIDENTIAL). SUMMARY: Approval of the General Plan Amendment would change the land use designation for portions of three contiguous parcels of record from C (Commercial) to HDR (High Density Residential) in order to allow the construction of a 50-foot wide by 410-foot long section of land as an access roadway between Gobbi Street and the subject parcel to the south. This roadway would provide sole ingress and egress for the 64-unit Summer Creek Village apartment complex (DANCO Builders, Inc) allowed by the Planning Commission's approval of Major Site Development Permit No. 01-20. The Planning Commission favored the use of this new access road rather than the applicant's original proposal to use Porzio Lane. The approval of the Rezone would change the zoning for the section of land described above from C-1 (Community Commercial) and C-2 (Heavy Commercial) to R-3 (High Density Residential) to ensure that the zoning for this land is consistent with the proposed HDR land use designation. Background: In January of this year, the Ukiah Planning Commission approved Major Site Development Permit No. 01-20 to allow the development of a 64-unit apartment complex known as Summer Creek Village on the 4.7-acre parcel to the south of the three parcels included in this project. The proposed (continued on Page 2) RECOMMENDED ACTION: 1. Conduct a public hearing regarding General Plan Amendment/Rezone #02-28; 2. Approve the Negative Declaration prepared for the project, 3. Adopt the Resolution changing the land use designation for the affected lands from C to HDR; and 4. Introduce the Ordinance rezoning the affected lands from the C-1 and C-2 Zoning Districts to the R-3 Zoning District ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Resolution or introduce the Ordinance and provide direction to staff. Citizen Advise: Notice completed in accordance with Ukiah Municipal Code requirements Requested by: DANCO Builders inc. / Dan Johnson Prepared by: Dave Lohse, Associate Planner Coordinated with: Candace Horsley, City Manager and Charley Stump, Director of Planning and Community Development Attachments: 1. Proposed General Plan Amendment Resolution 2. Proposed Rezone Ordinance with Site Plan and Zoning Map of Project Area 3. Staff Report to the Planning Commission regarding GPNRZ 02-28 4. Negative Declaration for GPNRZ 02-28 APPROVED: Candace Horsley,~City Manager development also included the construction of a 40-foot wide access roadway over these three parcels in order to provide access between East Gobbi Street and the eight apartment buildings approved in the project. The property is currently accessed via Porzio Lane, an unimproved private access driveway that enters the site at the Main Street/Gobbi Street intersection and also provides access to eight single- family residences, stores, and a large government office building. Planning Commission Actions: On August 28, 2002, the Ukiah Planning Commission conducted a public hearing to consider the General Plan Amendment and Rezoning for the new access. After discussion, the Commission voted 4-1 to approve the Negative Declaration prepared for the project. The Commission then recommended by separate 4-1 votes that the City Council approve the Resolution to change the General Plan land use designation for the subject property from C to HDR and to recommend that the Council adopt the Ordinance rezoning the property from C-1 and C-2 to HDR. These recommendations are based, in part, on the Findings included in the Staff Report to the Planning Commission (Attachment 3). In acting on the project, the majority of Commissioners indicated that their support for the General Plan Amendment and Rezone was based on the need to construct an access roadway to Summer Creek Village in its proposed location in order to avoid using Porzio Lane in any fashion. RECOMMENDED ACTION: 1. Conduct a public hearing regarding General Plan Amendment/Rezone #02-28; 2. Approve the Negative Declaration prepared for the project, 3. Adopt the Resolution changing the land use designation for the affected lands from C to HDR; and 4. Introduce the Ordinance rezoning the affected lands from the C-1 and C-2 Zoning Districts to the R-3 Zoning District RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF UKIAH AMENDING THE GENERAL PLAN WHEREAS, the City Council finds that the redesignation of the "HDR" Land Use Designation is consistent with the goals and policies of the Ukiah General Plan because it would be merged with lands that are designated with the "HDR" Land Use Designation and the new Land Use Designation is consistent with the roadway capacity standards and street classifications articulated in the Circulation and Transportation Element; and WHEREAS, the amendment of the General Plan Land Use Classification is necessary to establish an access roadway between East Gobbi Street and the 64-unit apartment complex approved for a parcel to the south of the subject property; and WHEREAS, the City Planning Department conducted an Initial Study to ascertain if the proposed General Plan Amendment would have significant adverse impacts on the environment; and WHEREAS, based on the analysis contained in the Initial Study, staff is able to conclude that the proposed General Plan Amendment project would not have a significant adverse effect on the environment; and WHEREAS, based on the conclusions reached in the Initial Study, staff is recommending the adoption of a Negative Declaration for the DANCO/Summer Creek Village General Plan Amendment Project; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby amends the General Plan Land Use Map by re-designating portions of Assessor Parcel Number 003-040-74, a 003-040-75, and 003-040-76 from "C" (Commercial) to "HDR" (High Density Residential). PASSED AND ADOPTED on ., by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk ATTACHMENT I ORDINANCE NO. AN ORIDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a 6,500 square foot portion of Assessor Parcel Number 003-040-74 from the C-2 (Heavy Commercial) Zoning District to the R-3 (High Density Residential) Zoning District and to change the zoning on a 12,200 square foot section of Assessor Parcel Number 003-040-75 and a 1,800 square foot section of Assessor Parcel Number 003-040-76 from the C-1 (Community Commercial) Zoning District to the R-3 (High Density Residential) Zoning District. The rezone would also amend the zoning on a 9,375 square foot section of Assessor Parcel Number 003-040-74 from the C-2 Zoning District to the C-1 Zoning District and a 100 square foot section of Assessor Parcel Number 003-040-75 from the C-1Zoning District to the C-2 Zoning District. SECTION TWO This rezoning action and amendment to the official Zoning Map of the City of Ukiah is necessary to establish a consistent zoning classification of R-3 for a proposed access roadway and the parcel to the south, on which the Summer Creek Village apartment complex would be constructed. This amendment would also allow the properties on which the proposed access roadway and apartment complex would be located to be merged into one parcel. SECTION THREE This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective upon the completion of the lot line adjustments proposed in Boundary Line Adjustment Application No. 02-29. SECTION FOUR This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAI N: ATTACHMENT 2-1 Passed and adopted on ,2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk 2-2 City of Ukiah STAFF REPORT TO THE PLANNING COMMISSION DANCO/Summer Creek Village Apartment Complex General Plan Amendment and Rezone No. 02-28 ITEM NO. 8-B Meeting Date: August 28, 2002 PROJECT SUMMARY: The proposed project would amend the General Plan land use designation and zoning classification for different portions of three contiguous parcels of record to allow the construction of a 50-foot wide by 410-foot long section of land as an access roadway between Gobbi Street and the subject parcel to the south. This roadway would provide ingress and egress for the 64- unit Summer Creek Village apartment complex allowed by the Planning Commission's approval of Major Site Development Permit No. 01-20. The specific General Plan and zoning amendments are outlined in the Project Description below. The discretionary actions associated with this project are quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the 'vote to approve, disapprove, or modify the project. PROJECT LOCATION: The project site consists of three separate parcels located on the south side of Gobbi Street, west of the N.C.R.A railroad tracks (APN 003-040-74; 75; & 76). DEPARTMENT RECOMMENDATION: The Planning Department recommends that the Planning Commission recommend APPROVAL of the Negative Declaration prepared for the project in accordance with the California Environmental Quality Act on the grounds that the project will not cause any significant adverse impacts. The Planning Department further recommends that the Planning Commission recommend APPROVAL of General Plan Amendment/Rezone No. 02-28 on the grounds that the proposed HDR (High Density Residential) General Plan land use classification and the R-3 (High Density Residential) Zoning District proposed for the access roadway site would be consistent with the HDR land use classification and R-3 zoning on the parcel to which it would be merged. The recommendation is also based on the fact that the rezoning actions required on other portions of the site would ensure that the remaining land areas have a consistent zoning designation throughout. PROJECT DESCRIPTION: The project site consists of three parcels with a total area of approximately 2.84 acres of area. The .94-acre parcel and .7-acre parcels fronting Gobbi Street are vacant and are located in the C-1 (Community Commercial) Zoning District. The 1.2-acre parcel south of these lots is in the C-2 (Heavy Commercial) Zoning District and contains a single-family residence, with access over a dirt road that extends from Porzio Lane to the west. This site borders a 4.7-acre vacant lot that will be developed with the previously approved 64-unit Summer Creek Village apartment complex. The current project consists of a General Plan Amendment to change the C (Commercial) land use classification for a 50-foot wide by 410-foot long section of land on the project site to the HDR (High Density Residential)land use classification. This amendment is required since the proposed access roadway strip would be merged with the lot to the south, which is in the HDR land use designation. ! ~-i This merger would be accomplished by the approval of a concurrent Boundary Line Adjustment application (BLA #02-29), which will be acted on by the City Engineer in a separate hearing. The project also includes the following changes to the Official Zoning Map for the City of Ukiah: A Rezone to amend the zoning classification for the land encompassing the proposed access roadway from the C-1 and C-2 Zoning Districts to the R-3 (High Density Residential) Zoning District. This action is required to ensure that the zoning designation for this land is consistent with the proposed HDR general plan land use classification. A Rezone to amend the zoning classification for a 9,375 square foot portion of Assessor Parcel Number 003-040-74 from the C-1 Zoning District to the C-2 Zoning District. This action is required to ensure that the zoning designation for this land is consistent with the proposed HDR general plan land use classification. A Rezone to amend the zoning classification for a 100 square foot portion of Assessor Parcel Number 003-040-75 from the C-2 Zoning District to the C-1 Zoning District. This rezone is also required to avoid a split -zoning situation on the affected lot. As noted above, Planning Department staff is also processing Boundary Line Adjustment #02-29 to allow the adjustment of common property lines between the three lots and the parcel to the south. These adjustments would effectively merge the 50-foot wide access strip with the 4.7-acre Summer Creek Village site and establish usable commercial properties on either side of this strip, as shown on the attached BLA exhibit (Attachment C). The City Engineer will act on the adjustments prior to final action on the General Plan and Rezone applications. STAFF ANALYSIS Environmental Analysis: The City Environmental Coordinator determined that the project is not exempt from the requirements of the California Environmental Quality Act (CEQA) and Planning Department staff prepared an initial study to review potential significant adverse environmental impacts. Based on this review, staff identified no potential adverse impacts associated with the proposed general plan or zoning map amendments and no mitigation measures were required. A copy of the Negative Declaration and Initial Study are attached to this report. Genera/Plan & Zoning Consistency. Planning staff determined the modified lot sizes proposed in this project would be consistent with the Ukiah General Plan goals and policies for the HDR (High Density Residential) and C (Commercial) land use designation, including standards for allowable uses and siting criteria. This determination is based, in part, on the anticipated merger of the access lane strip with the larger parcel abutting the subject property. Consistency with R-3 Zoning District Development Standards: Planning staff also determined the area proposed for the access roadway would comply with the standards for the R-3 Zoning District despite the requirement for a parcel width of 60 feet. This determination is based on the fact that the land would be used for the development of an access roadway for a high-density residential complex. This flag-lot configuration is not usually encouraged by City staff, but in this case staff favors the proposed roadway design and location since the only other feasible access would be over Porzio Lane, a private street that would be adversely impacted by traffic from the approved apartment complex. Consistency with C-1 and C-2 Zoning District Development Standards: The three lots that are commercially zoned would all lose area to accommodate the proposed access roadway. However, the conversion to residential zoning would reduce the existing commercial lots by approximately .06, .08, and .33 acres respectively, and it is staff's opinion that the loss of these areas would not conflict with the lots size requirements that apply in the C-1 or C-2 Zoning Districts. In fact, the remaining areas of the lots would be .62 acres, .86 acres, and .87 acres, respectively, which are all large enough to accommodate feasible commercial uses, particularly since the access roadway should provide an effective access to the commercial properties as well. Neighborhood Compatibility: The approval of the General Plan Amendment/Rezone and the subsequent Boundary Line Adjustment would allow the development of the access roadway required as the primary access for the Summer Creek Village apartment complex previously approved by the Planning Commission. It would also effectively reestablish three existing commercial lots with slightly smaller, but usable areas. However, these changes are relatively minor in nature and would not cause any substantial increase in the number or severity of potential neighborhood conflicts. In fact, it was determined during the Planning Commission's approval of the site development application for the apartment complex that the development of the access roadway was essential to avoid use conflicts with the users of Porzio Lane, a private access lane that serves a number of single family residences and the Mendocino County Department of Social Services. CONCLUSIONS: Planning Department staff concludes that the land use and zoning classifications allowed by the approval of the proposed General Plan Amendment/Rezone would be consistent with the Ukiah General Plan goals and policies for the HDR (High Density Residential) and C (Commercial) land use classifications and with the development standards of the R-3, C-1, and C-2 Zoning Districts. Furthermore, staff concludes that the access roadway area established by these actions is essential if the Summer Creek Village apartment complex is to be developed in a manner that is compatible with surrounding residential and commercial uses. FINDINGS: The Planning Department's recommendation for the approval of General Plan Amendment/Rezone No. 02-28 is based, in part, on the following findings: The lots effectively established by the approval of the General Plan Amendment/Rezone would be consistent with the General Plan goals and policies for development of multiple-family housing and commercial uses; 2, The lots effectively established by the approval of the General Plan Amendment/Rezone would comply fully with applicable development standards for the R-3 (High Density Residential), C-1 (Community Commercial), and C-2 (Heavy Commercial) Zoning Districts; . The lots effectively established by the approval of the General Plan Amendment/Rezone would establish an access roadway designed to enhance ingress and egress for a previously approved apartment complex and would not create hazardous or inconvenient impacts to existing vehicular or pedestrian patterns; . The approval of the General Plan Amendment/Rezone would generate no significant adverse environmental impacts, as determined in the Negative Declaration/Initial Study that was prepared in accordance with the California Environmental Quality Act; . The approval of the General Plan Amendment/Rezone would not adversely impact land uses in the area since the areas affected are relatively small and would allow the development of an access roadway that is consistent with the proposed land use and zoning; and . The approval of the General Plan Amendment/Rezone would not be detrimental to the public's health, safety and general welfare since the land use and zoning classifications proposed for the affected areas are consistent with applicable General Plan goals and policies and the use requirements, development standards, and design guidelines for the R-3 (High Density Residential), C-1 (Community Commercial), and C-2 (Heavy Commercial) Zoning Districts. Furthermore, these actions would result in the development of an access roadway that would be safer, more effective, and more compatible with the neighborhood than the existing access onto the property. 3 ATTACHMENTS: 1. Draft General Plan Amendment Resolution 2. Draft Rezone Ordinance 3. Negative Declaration/Initial Study for GPA/RZ 02-28 4 CITY OF UKIAH NEGATIVE DECLARATION DATE: APPLICANTS: PROJECT NO.: LOCATION: August 2, 2002 DANCO Builders General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 Four separate parcels located on the south side of Gobbi Street, west of the N.C.R.A. railroad tracks (APN 003-040-30; 74; 75; & 76), City of Ukiah and County of Mendocino PROJECT DESCRIPTION: The project consists of a General Plan Amendment to change the land use designation for a 50-foot wide by 410-foot long section of land on three parcels of record from Commercial to High Density Residential and a Rezone to change the zoning on this land from the C-1 (Community Commercial) and C-2 (Heavy Commercial) Zoning Districts to the R-3 (High Density Residential) Zoning District. The Rezone would also change the zoning for a 9,375 square foot area on AP No. 003-040-74 from C-2 to C-1 zoning and a 100 square foot area on AP No. 003-040-75 from C-1 to C-2. The project also includes a Boundary Line Adjustment to allow changes to the common property lines between these three lots and the parcel to the south, effectively merging the 50-foot wide strip with the 4.7-acre parcel on which the Summer Creek Village apartment complex would be developed and establishing usable commercial properties on either side of this strip. DESCRIPTION OF ENVIRONMENTAL SE'ri'lNG: The project site consists of four parcels with a total area of approximately 7.54 acres of area. The .94-acre parcel and .7-acre parcel fronting Gobbi Street are vacant and are located in the C-1 (Community Commercial) Zoning District and contain no structures. The 1.2-acre parcel south of these lots is in the C-2 (Heavy Commercial) Zoning District and contains a single-family residence, with access over a dirt road that extends from Porzio Lane to the west. The fourth lot, which is further to the south, is a 4.7-acre vacant lot on which the 84-unit Summer Creek apartment complex would be developed. This apartment complex was permitted by the approval of Major Site Development Permit No. 01-20, which included the approval of a Mitigated Negative Declaration in which potential adverse environmental impacts were analyzed and mitigated. This lot is relatively fiat except for a large depression near the center, with most of the drainage running to the east and south. Grasses cover the majodty of the property, with a large oak tree near the center of the site and smaller trees along the southeast corner. ENVIRONMENTAL ANALYSIS: The Initial Study identifies no potentially significant adverse environmental impacts and no mitigation measures are required. FINDINGS SUPPORTING A NEGATIVE DECLARATION: 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in shod-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in impacts that are individually limited, but cumulatively considerable; and Negative Declaration/Initial Study for General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 o Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project will not have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. of Ukiah Planning Department, Ukiah Civic Center, 300 August 2, 2002 Coordinator Date Negative Declaration/Initial Study for General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 EAST GOBB~ STREET Z oos--o~o- es EAST GoBB~ STREET I J City of Ukiah Initial Study of Potential Environmental Impacts For Major Site Development Permit No. 01-31 (Mendo-Lake Honda Isuzu) BACKGROUND INFORMATION 1. Project Proponent: DANCO Builders 2. Address of Proponent: 5251 Ericson Way, Arcata, CA 95521 3. Name of Project: General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 4. Site Location: Four separate parcels located on the south side of Gobbi Street, west of the N.C.R.A. railroad tracks (APN 003-040-30; 74; 75; & 76), City of Ukiah and County of Mendocino 5. Date of Initial Study Preparation: August 2, 2002 6. Name of Lead Agency: City of Ukiah Planning Department 7. Phone Number of Lead Agency: 707/463-6200 8. Address of Lead Agency: 300 Seminary Avenue, Ukiah CA 95482 . Project Description: The project consists of a General Plan Amendment to change the land use designation for a 50-foot wide by 410-foot long section of land on three parcels of record from Commercial to High Density Residential and a Rezone to change the zoning on this land from the C-1 (Community Commercial) and C-2 (Heavy Commercial) Zoning Districts to the R-3 (High Density Residential) Zoning District. The Rezone would also change the zoning for a 9,375 square foot area on AP No. 003-040-74 from C-2 to C-1 zoning and a 100 square foot area on AP No. 003-040-75 from C-1 to C-2. The project also includes a Boundary Line Adjustment to allow changes to the common property Ilines between these three lots and the parcel to the south, effectively merging the 50-foot wide strip with the 4.7-acre parcel on which the Summer Creek Village apartment complex would be developed and establishing usable commercial properties on either side of this strip. 10. Description of Environmental Setting: The project site consists of four parcels with a total area of approximately 7.54 acres of area. The .94-acre parcel and .7-acre parcel fronting Gobbi Street are vacant and are located in the C-1 (Community Commercial) Zoning District and contain no structures. The 1.2-acre parcel south of these lots is in the C-2 (Heavy Commercial) Zoning District and contains a single-family residence, with access over a dirt road that extends from Porzio Lane to the west. The fourth lot, which is further to the south, is a 4.7-acre vacant lot on which the 84-unit Summer Creek apartment complex would be developed. This apartment complex was permitted by the approval of Major Site Development Permit No. 01-20, which included the approval of a Mitigated Negative Declaration in which potential adverse environmental impacts were analyzed and mitigated. This lot is relatively fiat except for a large depression near the center, with most of the drainage running to the east and south. Grasses cover the majodty of the property, with a large oak tree near the center of the site and smaller trees along the southeast corner. Negative Declaration/Initial Study for General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 10. Person(s) responsible for preparing the Initial Study: Dave Lohse, Associate Planner Date: August 2, 2002 Negative Declaration/Initial Study for General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 DISCUSSION OF POTENTIAL ENVIRONMENTAL IMPACTS SUGGESTED MITIGATION MEASURES For Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 The project consists of a General Plan Amendment that would change the land use designation for a 50- foot wide section of land on three parcels of record from Commercial to High Density Residential, with a Rezone to change the zoning on this land from the C-1 (Community Commercial) and C-2 (Heavy Commercial) Zoning Districts to the R-3 (High Density Residential) Zoning District. The Rezone would also change the zoning for a 9,375 square foot area on AP No. 003-040-74 from C-2 to C-1 zoning and a 100 square foot area on AP No. 003-040-75 from C-1 to C-2. The Rezone would also change the zoning for a 9,375 square foot area on AP No. 003-040-74 from C-2 to C-1 zoning and a 100 square foot area on AP No. 003-040-75 from C-1 to C-2, while the BLA would allow the effective merger of these areas into three newly configured lots with consistent zoning throughout instead of the spot zoning that would occur without it. The project also includes a Boundary Line Adjustment to effectively merge this land with the parcel on the southern portion of the site in order to establish an access roadway between Gobbi Street and an 84- unit apartment complex previously approved 'by the Planning Commission (reference SDP No. 01-20: DANCO/Summer Creek Village). This 50-foot wide corridor would ultimately be developed with two travel lanes, curbs, gutters, and five-foot wide sidewalks on both sides. In analyzing the environmental impacts of these projects, Planning Department staff prepared the attached Environmental Checklist, in which no significant potential adverse effects were noted. This determination is based on the fact that the land affected by the General Plan Amendment and Rezone would be changed from commercial land use designations to a high density residential land use and would be effectively merged with lands that are designated for the high density residential land use. Furthermore, this land would be developed with an access roadway for a previously approved apartment complex with 84 apartments and would be too narrow to allow the development of additional units. This section of land would be the primary access for the apartment complex, but the effects of traffic and other potential impacts associated with the apartment complex and the roadway construction were analyzed and mitigation measures were required in the Mitigated Negative Declaration/Initial Study approved for the previous project (SDP 01-20: DANCO Builders). The proposed Rezone would also allow the zoning for some of the project area to be changed from C-1 to C-2 or from C-2 to C-1, but staff anticipates no adverse effects from these changes in zoning. This determination is based on the fact that the change in land use for the area needed to establish the roadway would reduce the net areas of lands zoned with C-1 and C-2 commercial designations. Therefore, the potential for increased commercial development on any of the reconfigured parcels would be lessened. Based on this analysis, Planning staff anticipates no adverse environmental effects as a result of the General Plan Amendment, Rezone, or Boundary Line Adjustment. In fact, it is entirely possible that the environmental effects caused by the development of the four parcels comprising the project site may be reduced by the proposed project since it will provide a joint-access roadway that would reduce the area available for commercial development and the need for multiple driveways and other development-driven improvements. Negative Declaration/Initial Study for General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 MANDATORY FINDINGS OF SIGNIFICANCE: ae Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES X NO b,, Short-term: Does the project have the potential to achieve shod term, to the disadvantage of long term, environmental goals? (A shod-term impact on the environment is one, which occurs, in a relatively bdef, but definitive, period of time; long-term impacts will endure into the future). YES X NO C. Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? (A project may have impacts on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant.) YES X NO d. Substantial Adverse: Does the project have environmental effect that will cause substantial adverse effects on human beings, either directly or indirectly? YES X NO DETERMINATION: On the basis of this initial evaluation: ~ I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that. although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described within the initial study will be incorporated into the design of the project or required byt¥ City of Ukiah. A NEGATIVE DECLARATION will be prepared. __~.,~_'~/~ fip~l",that~th~_o_po~'dprejectlVIAY'''/ have a significant effect on the environment, and an /_,,.//,~i:~ ~.~~/I~~,MPACT REPORT shall be requ~~iiles Stum Print Name ~lann/j~g Director/Environrfiental Coordinator Title Auqust 2, 2002 Date Negative Declaration/Initial Study for General Plan Amendment/Rezone No. 02-28 and Boundary Line Adjustment No. 02-29 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING' Significant Unless No Impacts ENVIRONMENTAL EFFECTS: Mitigated Apparent · Mitigation '1. EARTH / SOILS: a. Unstable ,adh'conditions or changes [~ ~ i~ I~ ~ · in geologic structures. b. Disruptions, Displacements, [~ [~ Compaction, or overcovedng of soil. [~. [~ [~ c. Change in topography or ground [~ d. The destruction, covering, or F-~ modification of any unique geologic or I~~m~ ' I~ I~ [~ physical features. e. Any increase in wind or water erosion I~ [~ !~ I~ I~ ol~ so~s, either on or olT the site. f. Changes in deposition or erosion ot= beach sands, or changes in siltation, ~ ~ deposition, or erosion that may [~~ [~~ [~ modify the channel oi~ a river, stream, inlet, or bay? g. Exposure of people or Ixopedy to ~ , earthquakes. ., WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Signi~ca.t Unless No Impacts Mitigated A p pa rent ENVIRONMENTAL EFFECTS: Mitigation 2. WATER:- · a. Changes in the currents, or the course of water movements, in either fresh or marine waters. b. Changes in the absorption rates, drainage patterns, or the rate and amount of surface runoff. c. Alterations ,o the course or flow of flood waters or ground waters. d. Change in the amount of surface water in any water body or any discharge into surface water. e. Any degradation or alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity. flow of ground water. g. Change in the quantity of ground or withdrawals, or through interception of an aquifer by cuts or excavations. h. Change in the quar~ of ground water. .. L Substantial reduction in the amount of water othe~-ise available for public water suppl'~.. · water related hazards such as. WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS' Mitigation 3. PLANT LIFE: a. Change in the diversity of species, or numbers of any species of plants including trees, shrubs, grass, crops, and aquatic plants. b. Reduction of the numbers of any ! unique, rare, or endangered species of plants. c. ,n~:roduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species. d. Reduction in acreage of any 4. ANIMAL LIFE: a. Change in lhe diversity of species, or including birds~ land animals, repGes, fish, insects, and bethnic organisms. b. Reduc~on in the number of any [-~ unique, rare,'~ endangered species of animals. animals into an ama, or in a ban;ier to the migration or movement of. animals' d. Deterioration of existing fish or wildlife habitaL -I . . WILL THE PROJECT RESULT' No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 5. NOISE: ,. Increase in existing noise levels. b. Exposure of people to severe noise 6. LIGHT AND GLARE: a..Production of new light and glare. [~- [~ [~ [~ [~ . · b. Reduction of solar exposure or adverse impacts to existing solar collection fac~'lities. 7-' LAND USE: a. Substantial alteration of the. present (~r planned land use of a given area. .. 8. NATURAL RESOURCES: a. . Increase in the rate of us& of any natural resources. WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation , 9. RISK OF UPSET: a. A risk of an explosion or the release / __ oa, ~sa~es, ~emi~ls, or radiation) ~ ~e event of an a~dent or upset ~n~ions. b. Possible intederen~ wi~ an e~en~ mspo~e plan or ~ ~ ~ ~ ~a~ation plan. 10. POPU~TION: a..e.fion. ,n the ~fion, d~ufion. ~ ~ ~ ' ~ ~ densi~, or gro~ m~e of human popu~tions. t~. HOUSING: ho~.i~ or ~eate a de.nd for n~ ~u~ng? .- (3 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 12. TRANSPORTATION: a. Generation of substantial additional vehicular movement? or demand for new pad~ing fac~T~ties? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations ,o waterborne, rail, or air traffic? vehicle~, bicyclists or pedestrians? · g. Degradation of the level of service (LOS) of any intersection to an unacceptable level? -. 13. PUBLIC SERVICES: a. Will the proposal ha~/e'an effect upon, or result in a need for new or altered government services in any of the following areas: · 4. Parks & recreation fac~Td~s? lO /4 WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 14. ENERGY: ~ a. Use of substantial amounts of fuel or [~ [~ ~ [~ [~ energy? b. Substantial increase in demand upon~ [~ ~ [~ ~ existing sources of energy, or require ~ the development of new energy sources? '!5. UTILITIES: · a. Will the project result in a need for new systems or substantial alterations to the following: 1. Potable water? [~ [~ [~ [~ [~ ,. , 16; HUMAN HEALTH: potential health hazard? b. Exposure of people to any existing ~ health hazards? .[~[~ [~ [~ WILL THE PROJECT RESULT No Not Significant Significant Cumulative IN THE FOLLOWING Significant Unless No Impacts Mitigated Apparent ENVIRONMENTAL EFFECTS: Mitigation 17. AESTHETICS' view open to the public, or ~eate an ~ aesthefi~lly offens~e s~e open to pubrm view? 18. RECR~TION: ~ l~a~ upon ~e quar~ or quanfi~ of ~ ~ ~ ~ existing r~reafional oppo~n~es? ~9. CULTU~L RESOURCES: a. ~,emtion or destm~on of a ~ ~ ~, ~ ~ prehistoric or historic ar~aeol~i~l s~e? to a pmh~toHc or h~toHc budding, or s~m? eff~ ~e un~ e~n~ ~ml ' val~? 20. AIR: qua~ s~nda~. ~ ~fi0n of air ~v~nL ~tum, ~ or t~mtum, or a~ ~a~e ~ ~~ ~ ~ ~ ~te. ~er ~ ~ ~io~0y? ITEM NO' 8b DATE' December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF APPLICATION TO DEMOLISH A STRUCTURE OVER 50 YEARS OLD LOCATED AT 410 TALMAGE ROAD, UKIAH SUMMARY: The City Public Works Department has filed an Demolition Permit application to demolish the City-owned single-family residence located at 410 Talmage Road. The structure was built in 1934, is in total disrepair, and must be demolished. The structure is over 50 years old, and therefore, according to the Ukiah Municipal Code (UMC), the City Council must conduct a public hearing to review and consider the historical and architectural significance of the structure. On November 21, 2002, the City Demolition Permit Review Committee considered the application and Historical Profile prepared by Judy Pruden, and unanimously found that none of the criteria in UMC Section 3016(E) (attachment 4) applied; therefore the structure is not historically or architecturally significant. Based on the recommendation of the Project Review Committee, Staff is recommending approval of the Demolition Permit. RECOMMENDED ACTION: Approve the Demolition Permit for the structure located at 410 Talmage Road based on the finding the structure does not have historical or architectural significance. ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the Demolition Permit, and provide processing direction to staff as to the structure's future disposition. Citizen Advised: Noticed according to the requirements of the Ukiah Municipal Code. Requested by: Diana Steele, Director of Public Works/City Engineer Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: . 2. 3. 4. 5. Demolition Permit Application Location Map Historical Profile (Pruden) Ukiah Municipal Code Section 3016 CEQA Exemption APPROVED: ~?~j ~-~~ Candace Horsley, City ~anager PRESS HARD--YOU ARE MAKING 4 COPIES--PLEASE USE BALL POINT PEN -- LOCATION MAP Demolition Permit for 410 Talmage Road M'E'M.O.R.A.N.D.U.M DATE: TO: FROM' RE' November 20, 2002 Charley Stump, Director of Planning Judy Pruden, Chairman Demolition Permit Review Committee 410 TALMAGE ROAD The property was annexed into the City in 1982. It was originally part of a 26-acre parcel in Lot 31, of Yokayo Rancho. Prior to World War II, the land consisted of small ranch properties with access to the two- lane rural road called Talmage Road. This road also serviced the State Hospital. Tax Records indicate the house structure was built in 1934. The original core structure was only 312 square feet, a very small building, even by Ukiah standards. Because a full chain of title was not furnished, the original builder was not discovered. The first known owners were Arthur and Irene Legier who bought the house in 1947, which was on .46 acres. A small addition was added to the structure in 1940, but the property sold for only $800.00. No biographical information was found for the Legiers'. The next owner was James E. Ford who bought the property in 1953-54. Mr. Ford remodeled the structure in 1954, 1957, and 1967. The current appearance of the building reflects the 1950's style. Mr. Ford was a rancher, manager of Ford Gravel Company, and a member of the pioneer Ford family. It would appear that the house became a rental in the 1960's. Carl and Gretchen Anderson bought the property in 1979 and operated an auto repair shop and salvage yard on the rear of the property, and they lived in the front of the property. The City of Ukiah purchased the property in 1992. The current condition of the house structure is poor. The outbuildings have been demolished and the main house has no apparent salvage value. The very modest history and lack of architectural style or components indicate this property has no historical significance for the City of Ukiah. The only feature, a large oak tree on the southwest corner of the property should be given consideration in the redevelopment of this parcel. R:I~PLANNING MTALMAGE.410 3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE: mo The section of the Uniform Building Code, relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. Bo The section of the Uniform Building Code, relating to permit issuance, is modified to require that, as to buildings constructed fifty (50) years or more prior to the date of application, the Director of Planning or his/her designee shall determine whether: 1. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection D of this Section, unless the building is subject to demolition under subsection B2 of this Section. 2. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the public health or safety. Co If subsection B 1 or B2 of this Section applies to the building, no further review shall be required under this Section and the permit shall be issued in accordance with the provisions of the Uniform Building Code. Do If the Planning Director finds that neither of the exceptions in subsection B 1 or B2 of this Section applies to the building, the demolition permit shall be subject to further review in accordance with this Section. The Planning Director shall transmit the proposal to the Demolition Permit Review Committee, or other official reviewing body established by the City Council, for review, comment, and a recommendation to the City Council. Once the Demolition Permit Review Committee formulates a recommendation concerning the disposition of the proposed demolition permit, the Planning Director shall schedule and duly notice the matter for a public hearing and decision by the City Council. The public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner: 1. Publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. 2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner. 3. First class mail notice to all owners (as shown on the latest available Mendocino County Tax Assessor's equalized assessment roll) of property within three hundred feet (300') of the subject property. In reviewing proposed demolition permits, and formulating recommendations to the City Council, the Demolition Permit Review Committee shall consider any information provided during the meeting, and shall use the following criteria. The structure: 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or 2. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or 3. Is strongly identified with persons or events significant in local, State, or national history. F. If the Demolition Permit Review Committee finds that any of the criteria listed in subsection E of this Section apply to the building proposed for demolition, it shall recommend denial of the demolition permit to the City. G. 1. The City Council shall conduct a public hearing pursuant to subsection D of this Section to consider the recommendation of the Demolition Permit Review Committee, and to determine if any of the criteria listed in subsection E of this Section apply to the building proposed for demolition. If the City Council determines that any one of the criteria apply, it shall make a corresponding finding to that effect. 2. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and the uses of the property allowed under existing or probable future zoning regulations. The City Council shall consider such evidence offered by the applicant and any other information presented at the meeting by any interested party or by staff, to determine whether or not a viable market exists. "Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable return" means the average rate of return on real estate investments in the Ukiah Valley. 3. If the City Council determines that a viable market exists: a. It shall so notify the Building Official who shall not issue the demolition permit. The City Council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, it may assume that a viable market exists, if the applicant fails to present substantial evidence that a viable market does not exist; b. Not more than once within any twelve (12) month period, the applicant may submit a new application for a demolition permit and the City Council may reconsider whether a viable market exists: (1) Upon a showing by the applicant that market conditions have changed; or (2) Based upon new information that in the exercise of reasonable diligence the applicant could not have produced at the first hearing. 4. If the City Council determines, based on substantial evidence, that a viable market does not exist, the issuance of the demolition permit shall be stayed for a period of ninety (90) days. a. During that ninety (90) day period, the City shall do the following: (1) Determine whether other alternatives to demolition exist, which are acceptable to the applicant, that would preserve the historic, architectural or cultural significance of the building; (2) Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase on terms acceptable to the applicant; or (3) If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain. b. If within the ninety (90) days, the City does not reach agreement with the applicant or commence acquisition of the building, the Building Official may issue the permit in accordance with the provisions of the Uniform Building Code. c. If within the ninety (90) day period, the City either: 1) reaches agreement with the applicant or 2) commences acquisition of the building, the Building Official shall not issue the demolition permit. d. However, the Building Official shall continue to process the application for a demolition permit in accordance with the Uniform Building Code, if the City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. e. The City Manager or his/her designee shall inform the Building Official whenever the Ho City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. f. If the Building Official has issued a demolition permit under this subsection and the permittee applies to extend the permit an additional one hundred eighty (180) days in accordance with the applicable provisions of the Uniform Building Code then in effect, the Building Official shall refer the application to the City Manager for an initial determination as to whether market conditions have changed. The City Manager shall make the determination within ten (10) days after the application is referred by the Building Official. If the City Manager determines that market conditions may have changed and that a viable market may exist for the property, he or she shall schedule the matter for a hearing before the City Council to be noticed and conducted in accordance with subsections D and G of this Section. However, at the hearing the City shall have the burden of proving by a preponderance of the evidence that market conditions have changed and a viable market exists. If the City Manager determines that market conditions have not changed, he or she shall so notify the Building Official and the applicant. Upon such notification, the Building Official shall further process the application to extend the term of the demolition permit in accordance with the requirements of the Uniform Building Code then in effect. If the City Council conducts a hearing upon referral by the City Manager, the City Clerk shall provide written notification to the Building Official and the applicant of the City Council decision. If the City Council decides that a viable market exists, the Building Official shall not issue the permit, but the provisions of subsection G3b of this Section shall apply. If the City Council decides that a viable market does not exist, the Building Official immediately shall proceed to further process the application in accordance with the applicable provisions of the Uniform Building Code then in effect. 5. "Diligently pursue acquisition" means taking all steps within the time required by law to acquire the building by eminent domain. 6. References to "applicant" herein shall include the building owner. The Planning Director shall provide a written notice of the City Council determination to the applicant. The written notification shall be mailed or hand delivered within five (5) days from the date of the City Council's decision. The notice shall include the finding(s) and decision made by the City Council and a copy of this Section. The applicant for a demolition permit for a building determined to have historic, architectural or cultural significance shall salvage the building materials for reuse to the maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition. J. Reconsideration Of Decisions: 1. Grounds For Reconsideration: The City Council may reconsider a decision under this Section within sixty (60) calendar days from the date the decision was made, if information that may have materially affected the decision was: a) misrepresented by the applicant, or b) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the City Council decision. "Information" as used herein means matters of fact or law. A decision may not be reconsidered, if all three (3) of the following have occurred. The demolition permit: a) has been issued, b) did not at the time it was issued violate any provision of the Uniform Building Code, as adopted by the City, or any other City ordinance or State or Federal law, and c) the permittee has commenced demolition in good faith reliance on the permit. 2. Procedure On Reconsideration: Reconsideration of a decision under this Section may be placed on the agenda for a regular City Council meeting by any member of the City Council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agenda shall be provided in accordance with subsection D of this Section. If already issued, the permit shall be suspended from the date that an eligible City Council member requests that the matter be placed on the agenda and until the City Council makes a final decision upon reconsideration. The Building Official shall notify the applicant in writing of the permit suspension. At the meeting, the City Council shall determine, based on evidence provided to the City prior to or during the meeting, whether reconsideration is permitted under subsection J1 of this Section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the City Council makes a different decision, the City Clerk shall provide notice of that decision to the Building Official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the City Council determines that a building has historic, architectural, or cultural significance, and the Building Official has issued a demolition permit based on the previous decision, the Building Official shall revoke the permit. If the previously issued permit has expired, the Building Official shall deny an application for a new permit, unless the permit is issued in accordance with subsection G4 of this Section. (Ord. 838, §1, adopted 1984; Ord. 927, §1, adopted 1992; Ord. 1014, §1, adopted 1998) TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Mendocino Courthouse Ukiah, CA 95482 FROM: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 PROJECT TITLE: 410 Talmage Road Demolition Permit DESCRIPTION OF PROJECT: The project involves the demolition of a single-family residence 50 years old with no historical or architectural significance. LOCATION OF PROJECT: 410 Talmage Road, Ukiah, CA PUBLIC AGENCY APPROVING PROJECT: City of Ukiah NAME OF PROJECT APPLICANT: Ukiah Department of Public Works / Diana Steele, Director CEQA EXEMPTION STATUS: '/ Ministerial Declared Emergency Categorical Exemption Section 15301, Class 1(I) '/ Statutory Exemption Section REASONS WHY PROJECT IS EXEMPT: The structure possess no historical or architectural significance, and otherwise complies with the CEQA exemption criteria in terms of number and location of demolitions. LEAD AGENCY CO~~ERSON: ~ AGENDA ITEM NO: 9a MEETING DATE: December 4, 2002 SUMMARY REPORT SUB]ECl': DISCUSSION AND POSSIBLE ACTION REGARDING FILLING A VACANCY ON THE CITY COUNCIL Councilmember Eric Larson was voted in as Mayor, effective December 4, 2002. The Council must now determine the process for filling the vacant Council seat created by this change in position. There are two options available for filling a vacant Council seat: 1) The Council may participate in a consolidated election to fill the vacancy for the remainder of the vacant Councilmember's term through November 2004. Participating in such an election would cost the City an estimated $8,000-$15,000, depending on whether there were other agencies participating in the election. 2) The Council may appoint a Councilmember to fill the vacancy. The Council may select a Ukiah resident either by soliciting applications from the public and conducting interviews or by selecting from Council nominations, which may or may not include candidates who ran in the last Council election. The nomination process is at the Council's discretion. In the past, the Mayor has begun the nomination process and if that nominee is not selected, the choice for nomination would then pass to the next senior Councilmember. This process continues until the candidate receives the majority of the votes. (Continued on page 2) RECOMI~IENDED ACTION: Determine method of filling vacant Council position. ALTERNATI'VE COUNCI:L POLI'CY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager N/A 1. Letter and application for Council candidates from 1999 Approved' ~~--~_ I ~.~~---. 4:CAN/ASR.Counci,.1C2a04n0~ac~ H~r-sley, City)Manager The only statutory requirements relative to an appointed Councilmember are that he/she is a resident of the City of Ukiah and a current registered voter. The City Council must either fill the vacancy by appointment or take action to participate in a special election within 30 days after the vacancy occurs. In this case, the Council must take action on one of these alternatives by January 3, 2003. If the Council prefers to participate in an election, staff will return with deadlines and process details. If the Council chooses to go forward with an application process, the letter and application sent to applicants in the 1999 review process to fill the vacant position of Councilmember Kristy Kelly is attached for Council's consideration. The letter and application would be updated and revised according to Council's direction and distributed to any interested members of the public. The Council may also determine that nominations, without interviews, is the preferable process for selecting a new Council member for this vacant seat. If this is the Council's choice, they may either nominate and fill the vacant seat at this meeting or direct staff to place this item on the next Council agenda for filling the vacancy. · ,.~CMi:,L 707,'-:'~33-o£00 , .=, =, .~ %::=-., · F,Afi4 #. 707/463.6204 · .ATTACHMENT / NEWS RELEASE Cl'/"/' COUNCil. iNViTES APPLICATIONS FOR VACANT CITY COUNCIL SEAT DATE: May 6, 1999 FOR RELEASE: Immediately GOOD THROUGH: Tuesday, May ! 1, at 3:00 p.m. SUBJECT: Applications Sought to Fill Unexpired Teton of Councilmember Kristy Kelly CONTACT: Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.--At their May 5, 1999 meeting, the City Council decided to accept applications to fill the unexpired term of City Councilmember Kristy Kelly. Unfortunately, because of the 30-day time requirement of state law, applicants will have [ess than a week to apply and prepare for the inten/iews, tf you are interested in applying for this vacant City Council seat, you are encouraged to pick up an application at your earliest opportunity at the office of the City Clerk, 300 Seminary Avenue, Ukiah. ' The deadline to return the applications is Tuesday, May 11, at 3:00 p.m. Interviews will be held by the Council on Wednesday, May 12, 1999, starting at 5:00 p.m., at the Ukiah Civic Center Council Chambers. If you have any questions concerning the application' process, please do not besitat@ to contact City Clerk of the City of Ukiah. KUKI/KIAH KWNE KFWU KNTI KQPM KPRA KMFB KZYX Ukiah Daily Journal Candace Horsley City Manager Press Democrat Main Street News "We Are Here To Serve" CITY COUNCIL APPOh-NTMENT o . o . o . . In your opinion, what are the City's present strengths and w ~eaknesses? W]nat would you do differently? ' ' u,,d...s~,di,;g of ,the ?~¢o-'~ C. iw Esc~ c~sis, zmd its ?otentiM im,.'3act on the City of Ukiah? Be as specific as possible. What is meant by anticipatory leadership? If during a discussion of a topic or issue, you can tell you are on the minority side of the issue, what would be your next move? Would you allow ':his to affect your reiadonship with your Council colleagues? With City Stafff Describe the ideal working relationship that should exist between the City Council and City Manager; between the City Council and City Staff. At a League of California Citres mee~ng you find yourself seated next to San Fr',mcisco Mayor Willie Brown. Fie says, "So, tell me about Ukimh..." What would you say? As a City Counciimember, you will be involved in the se!ec5on and appointment of individuals to serve on our City Commissions, Advisory. Boards and Task Forces. What specific attributes will you be looking for in those individuals you support for appointment to these advisory bodies? In your opinion, should Commissioners min-,or Council views? . . The City is a member of the MSVv~'MA JPA which is currently worLing on a joint transfer station for all of the County's solid waste. Please describe the issues of solid waste for this County and tell us your views on a consolidated transfer station. What are your views regarding the City offering economic incentives to encourage more businesses into the downtown, business start-ups, expansion of existing businesses and the attraction of new businesses to the Ukiah Valley? What kind of businesses would you tike to see the City attract through such incentive programs? R:I\CM:ki APPO[NTM ENT.CC ITEM NO. 9b DATE: December 4, 2002 AGENDA SUMMARY REPORT SUBJECT: SELECTION AND APPOINTMENT OF VICE-MAYOR The Vice-Mayor is the Councilmember who assumes the duties of the Mayor in his/her absence. Historically this position has been filled by the Councilmember with the most tenure on the City Council. The position of Vice Mayor has been held by Councilmember Philip Baldwin since December 1998. On November 5, 2002 Councilmember Baldwin was reelected for another term of office. Currently Mr. Baldwin is the senior member of the Council. The present City Councilmembers are to decide if they want to retain Councilmember Baldwin as Vice-Mayor or if they want to appoint another member of the Council to this position. RECOMMENDED ACTION: By Motion, Appoint a Vice-Mayor for the Ukiah City Council. ALTERNATIVE COUNCIL POLICY OPTIONS: Postpone the selection process for Vice-Mayor to a later date. Citizen Advised: Requested by: Prepared by: Coordinated with: N/A City of Ukiah City Council Marie Ulvila, City Clerk ~:~ z'~ ~. Candace Horsley, City Manager APPROVED: ~~=~G~.~'~ Candace Horsley, City M~ager ASR:Appointment of Vice Mayor 2002