HomeMy WebLinkAbout2007-09-05 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 5, 2007
6:00 p.m.
5:15 PM Interviews Fire Ad Hoc Committee
6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3.
a. Proclamation Miss California -Melissa Chaty
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Regular Meeting Minutes of May 16, 2007
b. Special Meeting of July 12, 2007
c. Special Adjourned Minutes of July 23, 2007
RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
a. Rejection of Claims for Damages Received from Daniel Marling and Maxwell Golding and
Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund
b. Notification of Award of Contract to Associated Laboratories in the Amount of $5,100.00 for
Laboratory Analysis of Drinking Water Samples for Disinfection By-Products at the Water
Treatment Facility for a Two Year Period
c. Request Award of Contract to Lab/Cor, Inc. in the Amount of $16,960.00 for the Monthly
Sample Analysis of Untreated Water at the Water Treatment Facility for a Two Year Period.
d. Notification of Expenditure in the Amount of $6,720.00 for the Replacement of HVAC Unit
on the FSS Building at the Ukiah Regional Airport
e. Approval of Notice of Completion for Gobbi Street & Orchard Avenue Traffic Signal
Improvements, Specification No. 06-16
f. Award Purchase of Transformers to General Pacific Inc. in the Amount of $47,809.05; HD
Supply in the Amount of $24,388.14; And GE Supply Company in the Amount of
$21,172.88.
g. Authorize the Transfer of $24,600.00 of 678 Dispatch Fund Balance to 678.2040.800.000
for the Sole Source Purchase of Three Computer Aided Dispatch Licenses from VisionAir,
Inc., in an Amount Not to Exceed, $24,600.00.
h. Approval of Budget Transfer & Notice of Completion for Additional Project Work for 2000
and 2002 STIP Railroad Crossing Rehabilitation Project Specification No. 07-06
i. Adoption of Resolution Supporting a Grant Application to Mendocino County (Tobacco
Settlement Funds) to Design and Construct a Hiking Trail on City Property in the West Hills
Area.
j. Authorize Execution of Amendment to the Agreement with EBA Engineering in an Amount
Not to Exceed $40,586 for Environmental Services at the Corporation Yard
k. Authorization for City Manager to Execute an Easement to Provide Access to a Private
Property Across a City Owned Parcel of Land
I. Response to Grand Jury Report on the Ukiah Valley Sanitation District Titled "Down the
Drain."
8. 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.
9. PUBLIC HEARINGS (6:15 PM)
None.
10. UNFINISHED BUSINESS
a. Appointment of City Resident Landowner to the Ad Hoc Committee Studying Integration of
Fire Protection Services.
b. Introduce Ordinance Amending Sections 1001 and 1101 to Make Eligible a Limited Number
of County Residents to Serve on the City's Parks, Recreation, and Golf Commission and
the Airport Commission; Adopt Resolution Amending the Membership Rules on the
Paths Open Space, and Creeks Commission
c. Adoption of Ordinance Rezoning Assessors Parcel Number 002-135-04 and establishing a
Residential Planned Development
11. NEW BUSINESS
a. Request for City Council to Appoint One City Council Member to Serve on the Grievance
Committee to Hear Appeals of Tobacco Retailer License Fines, Suspension or Revocation
b. Report on Fire Code Adoption Process
12. COUNCIL REPORTS
13. CITY MANAGER/CITY CLERK REPORTS
14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting
a. Conference with Real Prooertv Negotiators (§ 54956.8);
Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah);
Negotiator: Candace Horsley, City Manager;
Negotiating Parties: City of Ukiah & David Hull/Ric Piffero;
b. Conference with Real Property Negotiators (§ 54956.8);
Property: APN 002-281-2400;
Negotiator: Candace Horsley, City Manager;
Negotiating Parties: City of Ukiah & Richard Moser/Richard Ruff
c. Conference With Legal Counsel--Anticiaated Litigation
Initiation of litigation pursuant to
subdivision (c) of Gov't Code Section 54956.9 (1 potential case)
d. Labor Negotiations' Police, and Management Unit (§ 54957.6)
Negotiator: Candace Horsley, City Manager
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or
interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to
reasonably accommodate individuals with disabilities upon request.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the
bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than
72 hours prior to the meeting set forth on this agenda.
Dated this 31st day of August, 2007.
Linda Brown, Deputy City Clerk
3a
PROCLAMATION
WHEREAS, Me/issa Chaty was born and raised in Ukiah, Ca/ifornfa; and
WHEREAS, in 1006 Ms. Chary graduated Cum Laude from Westmont College in Santa
Barbara, with a B.S. in Psychology and a minor in Music; and
WHEREAS, Melissa has held numerous leadership roles as a RegisteredAlzheimers Advocate,
Westmont Opera Club President, and Youth camp counselor, among other things; and
WHEREAS, Melissa participated in the Miss Mendocino County Scholarship Program
eventual/y rising to the tide of Miss California 1007, with a platform of Alzheimer's Advocacy and
Awareness'; and
WHEREAS, Me/issa has demonstrated her commitment to Alzheimer's Advocacy by
volunteering at the Ukiah Adu/t Day Health Care program, working as an Aide to adults with
developmental disabilities at Devereux, Santa Barbara and sen~ng as a wa/k leader for many Memory
Walks, the annual nations/fundraiser for the Alzheimer's Association; and
WHEREAS, Melissa was been recognized for her efforts by being honored to represent the
Central Coast Chapter of the Alzheimer, Association at the Alzheimer's Public Po/icy Forum in
Washington, D.C. inhere she visited the offices ofcongressiona/representative to advocate on beha/fof
Alzheimer's; and
WHEREAS, afterg~aduating from Westmont, Melissa accepted afull--time position with the
Alzheimer's Association in San Diego where she assists with marketing, fundraising and community
education; and
WHEREAS on September 11, 1007 her hometown community wishes to honor her for her
many talents and achievements by holding a Homecoming Celebration;
NOW, THEREFORE, I, Mari Rodin, Mayor of the City of Ukiah, on beha/f ofmy fellow City
Councilmembers, Doug Crane, John McCowen, Phi! Baldwin, and Brnj Thomas would like to
recognize Melissa and thank her for the contributions she has made to our community and her
commitment to the devactating Alzheimer's illness.
MELISSA CHATY, MISS CALIFORNIA 2007
Dater September 5, 1007
Mari Rodin, M.xyor
CITY OF UKIAH 5a
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
May 16, 2007
6:00 p.m.
ROLL CALL
The Ukiah City Council met at a Regular Meeting on May 16, 2007, the notice for which being
legally noticed on, May 11, 2007. Mayor Rodin called the meeting to order at 6:02:16 PM.
Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, Baldwin,
and Mayor Rodin. Absent: None. Staff present: City Manager Horsley, City Attorney Rapport,
Community Services Director Sangiacomo, Finance Director Smith, Planning and Building Director
Stump, Associate Planner II Lohse, Public Works Director Eriksen, Interim Wastewater Treatment
Plant Supervisor Pounders, Water Utilities Project Engineer Burck, Economic Development
Coordinator Ballek, and Deputy City Clerk Brown.
Consultants Present: Nancy Jones, PFM Financial Management; Rick Kennedy, PE, Project
Manager
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3.
a. mtroguction of rvew tmpiovee
Ann Burck introduced Jesse Pagliaro to
b. Investment Performance Review Presentation
Director Smith introduced Nancy Jones PFM Financial Management for the annual presentation.
Recommended Action: Receive and file the City of Ukiah Investment Performance Review report
for the year ended March 31, 2007.
Nancy Jones stated PFM would send the monthly reports directly to the City Councilmembers.
4. PETITIONS AND COMMUNICATIONS
There were none.
5. APPROVAL OF MINUTES
a. Regular Meeting Minutes April 4. 2007
Councilmember McCowen suggested a correction to page 2, the spelling of Graff; and page 4
under 11 a, a strikeout that should be eliminated from the recommended action, but with the
wording retained.
M/S McCowen/Crane to approve as corrected. Motion carried by the following roll call vote:
AYES: Councilmembers Thomas, McCowen, Baldwin, Crane, and Mayor Rodin. NOES: None.
ABSTAIN: None. ABSENT: None
6. RIGHT TO APPEAL DECISION
Mayor Rodin read the right to appeal policy.
7. CONSENT CALENDAR 6:26:15 PM
Councilmember McCowen requested removal of item 7f and 7i from the Consent Calendar to New
Business. John Graff from the public requested removal of item 7k.
M/S Crane/McCowen to approve the Consent Calendar with the removal of items 7f, 7i, and 7k to
New Business;
a. Report of Disbursements for the Month of April 2007
b. Rejection of Claim for Damages Received from Bruce Ledford and Referral to Joint Powers
Authority, Redwood Empire Municipal Insurance Fund
c. Approval of Notice of Completion for Lake Mendocino Hydroelectric Project Tainter Valve
Modifications Construction
d. Authorize Purchase of Computer Servers to Dell Inc. in the Amount of $24,201.27 and to
Vision Air, Inc. in the Amount of $6,000.00
e. Notification to City Council of the Purchase of Chlorine for the Water Treatment Plant from
Pioneer Americas in the Amount of $7,721.45.
f.
. (pulled to item 11 b)
g. Authorization to Award Purchase of Digester Cleaning Services to Northwest Cascade, Inc.,
at a Price of $24,697.00.
h. Approval of Revocable License and Right of Entry Between City and John and Daylene
Rogers
i.
(pulled to item 11c)
j. Approval of Mendocino Solid Waste Management Authority (MSWMA) Budget
k.
., .he n..,.. .,. ,.v x~a nog ~~ .,.... a .N,.. ~e .N~ Q~ ~.+,.e. n...e..a..,e.,. pulled to item 11 d)
Motion carried by the following roll call vote: AYES: Councilmembers Thomas Crane, McCowen,
Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None
8.
9.
Mao to Establish the Main Street Village Planned Development Area and Divide it into
74 Lots.
Associate Planner Lohse presented the item. Recommended Action: 1) Conduct a public
hearing regarding the Boundary Line Adjustment /Tentative Subdivision Map for the Main Street
Village Planned Development; and 2) Approve the Mitigated Negative Declaration prepared for the
project; and 3) Approve the Resolution amending the General Plan Land Use Map from HDR to C;
and 4) Approve the Resolution approving the lot line adjustment and tentative subdivision map.
Public Hearing Opened: 6:32:59 PM
No public comment given.
Public Hearing Closed: 6:33:09 PM
M/S McCowen/Crane to approve the recommended action. Motion carried by the following roll
call vote: AYES: Councilmembers Thomas Crane, McCowen, Baldwin, and Mayor Rodin NOES:
None. ABSTAIN: None. ABSENT: None.
b. Adoption of a Resolution Approving a Tentative Parcel Map to Divide the Subject
Property into 4 Lots and a Remainder Lot for the Orrs Creek Neighborhood Townhouse
Planned Development Project. 6:33:57 PM
Mr. Lohse presented the item. Recommended Action: 1) Conduct a public hearing regarding the
Tentative Parcel Map for the Orrs Creek Neighborhood Planned Development; 2) Approve the
Mitigated Negative Declaration prepared for the project; and 3) Approve the Resolution
AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:28:27 PM
Dotty Coplen spoke about Assembly Bill 722 regarding energy and incandescent lamps, providing
a copy for the record.
establishing 4 lots and a remainder lot on the subject property.
Opened Public Hearing: 6:35:20 PM
No public comment given.
Closed Public Hearing: 6:35:27 PM
M/S Baldwin/Thomas to approve the recommended action. Motion carried by the following roll
call vote: AYES: Councilmembers Thomas Crane, McCowen, Baldwin, and Mayor Rodin NOES:
None. ABSTAIN: None. ABSENT: None.
10. UNFINISHED BUSINESS
a. Authorize the City Ma
Park.
Director Sangiacomo presented the item. 6:41:56 PM He noted that he received notification today
from Mr. Wick representing the Northwestern Pacific Railroad suggesting exploration of a different
site on the north side of Perkins Street. Recommended Action: Authorize the City Manager to
negotiate and execute a contract with Wormhoudt, Inc. for Professional Design and Management
Services for the development of the Ukiah Skate Park.
Public Comment Opened: 6:48:00 PM
Public speaking to the item: George Phelan, Justin Capri, Carole Aleshire, Maureen Taglio, John
Graff, Jim Mulheren, Dane Wilkins, Linda Sanders
Public Comment Closed: 7:12:11 PM
MIS Baldwin/Crane to approve the recommend action;
By Consensus the City Council reopened the public comment period.
Public Comment Opened: 7:37:01 PM
Speaking to the item: George Phelan, Alan Spivak
Public Comment Closed: 7:43:34 PM
Councilmember Baldwin called a point of order 7:49:10 PM, stating the motion being discussed is
not about the motion on the floor.
Recess: 7:57:51 PM
Reconvene: 8:07:11 PM
Councilmember Crane withdrew his second to the motion to approve the recommended action.
M/S McCowen/Crane to authorize the City Manager to negotiate and execute a contract with
Wormhoudt, Inc. ("Wormhoudt") for Professional Design and Management Services for the
development of the Ukiah Skate Park ("the Contract"), subject to the following:
1. Wormhoudt agrees to a provision in the Contract under which it will provide the contracted
services for the evaluation of an alternate site for the skate park, as proposed by Northwestern
Pacific Railroad Company ("the Alternative Site"); and
2. Prior to the commencement of design efforts under the Contract or related contracts directed
specifically to the site currently leased from North Coast Railroad Authority ("the Leased Site"),
Northwestern Pacific Railroad Company:
a. makes a legally enforceable commitment
evaluating the suitability of the Alternate Site and
and
to fund all additional costs associated with (1)
developing the skate park on the Alternate site;
b. provides the City Council with sufficient information, including an evaluation by Wormhoudt,
to determine the suitability of the Alternate Site for a skate park and the benefits of the Alternate
Site as compared to the Leased Site.
Motion carried by the following roll call vote: AYES: Councilmembers Thomas Crane, McCowen,
NOES: Baldwin, and Mayor Rodin, ABSTAIN: None. ABSENT: None
b.
Project Manager Kennedy requested continuance of this item to the next meeting to enable the
City Council and Staff the opportunity to review proposed revisions that have been prepared and
submitted tonight. 8:32:23 PM Councilmember McCowen asked that one clean version, and one
strikeout and underlined version be prepared to show the proposed changes.
By Consensus the City Council supported the requested continuance to the next regular meeting.
c. Receive Status Report Concerning Sign Ordinance Enforcement Activities.
Director Stump presented the item. Recommended Action: Receive report.
Public Comment Opened: 8:53:25 PM
Public speaking to the item: John Graff
Closed Public Comment: 8:55:48 PM
The City Council received the report.
11. NEW BUSINESS
a. Formation of Landfill Gas Task Force.8:50:35 PM
Director Eriksen reported on the item. Recommended Action: Direct staff to proceed with the
regularly scheduled meeting of the Landfill Gas Task Force and report to Council periodically to
provide the Council with data for analysis of the gas issues and solutions at the Ukiah Landfill.
Public Comment Opened: 9:05:25 PM
Public speaking to the item: Ike Heinz Dullinger, and Alan Spivak.
Public Comment Closed: 9:13:01 PM
M/S Thomas/Baldwin to approve the recommended action; 9:16:12 PM
In response to discussion to the motion, Councilmember Thomas agreed to amend the motion to
approve the recommended action to include that the first task of the task force be to determine the
feasibility of the project; the seconder of the motion accepted the amendment. Motion carried by
the following roll call vote: AYES: Councilmembers Thomas Crane, McCowen, Baldwin, and
Mayor Rodin NOES: None. ABSTAIN: None. ABSENT: None.
b.
Interim Director of Public Utilities Ponders, and Water Utilities Project Engineer Burck presented
the item. Recommended Action: Award the purchase of services to haul approximately 900
tons of biosolids to Total Waste Systems at the Unit Price of $57.00 per ton for an approximate
total amount of $51,300.00
Councilmember McCowen stated concern about costs per ton for trucking 9:27:46 PM.
The item was continued in order for staff to research the requirements for hauling of biosolids, with
the hope of being able to significantly reduce costs.
c.
4
Economic Development Coordinator Ballek presented the item. Recommended Action: Authorize
the City Manager to negotiate and execute the agreement for Community Development Block
Grant consulting services with Applied Development Economics.
M/S McCowen/Crane to approve the recommended action, with new models of eligible uses of
funds to not be prioritized, but all items be eligible based on whether applicants meet the criteria for
job creation; and add "sewer lateral repair" for reuse, and ask staff to reexamine criteria for an
appeal process to the City Council. Motion carried by the following roll call vote: AYES:
Councilmembers Thomas Crane, McCowen, Baldwin, and Mayor Rodin NOES: None. ABSTAIN:
None. ABSENT: None.
d.
item 7k
Director Eriksen presented the item. Recommended Action: 1. Award the contract for Street
Striping 2007, Specification No. 07-01, to Safety Striping Service in the amount of $26,093.52; 2.
Authorize budget amendment transferring $6,703 from the general fund balance to account
100.3110.250. 9:20:22 PM
MS Baldwin/Thomas to approve the recommended action; Motion carried by the following roll
call vote: AYES: Councilmembers Thomas Crane, McCowen, Baldwin, and Mayor Rodin. NOES:
None. ABSTAIN: None. ABSENT: None.
12. COUNCIL REPORTS
There were no reports given.
13. CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley noted the Chamber of Commerce has a survey out regarding candidate
endorsements. Also, Mendocino County Lodging Association has provided their quarterly update.
Recessed to Closed Session: 9:39:46 PM
14. CLOSED SESSION
a. § 54957.6(a) Labor Negotiations: Department Directors Bargaining Unit
Negotiator: Candace Horsley, City Manager
b. § 54957.6(a) Labor Negotiations: Police Department Bargaining Unit
Negotiator: Candace Horsley, City Manager
Reconvened at: 10:35 PM. No action taken.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 10:35 PM.
Linda C. Brown, Deputy City Clerk
CITY OF UKIAH 5b
CITY COUNCIL MINUTES
Special Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 12, 2007
11:45 a.m.
1. ROLL CALL
The Ukiah City Council met at a Special Meeting on July 12, 2007, the notice for which being
legally noticed on, July 11, 2007. Mayor Rodin called the meeting to order at 11:48:46 AM.
Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, and
Mayor Rodin. Absent: Councilmember Baldwin. Staff present: City Manager Horsley, Planning
and Building Director Stump, and Deputy City Clerk Brown.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Dane Wilkins -Thanked the Ukiah Police Department regarding recovery of his son's stolen bike.
3. NEW BUSINESS
a. Discussion
Councilmember McCowen introduced the item citing increasing complaints the City has received
about marijuana cultivation. Recommended Action: Discuss and provide direction to staff
regarding enforcement and possible revision of the ordinance regulating marijuana cultivation.
Public Comment
Public speaking to the item: Larry Puterbaugh, Dane Wilkins, and Patrick Pierce.
Public Comment Closed
The City Council requested further information regarding the option of imposing a Civil Penalty on
violators.
Recessed to Closed Session at 12:58a, with plans to continue this item after the closed session
today, if possible.
4. COUNCIL REPORTS
None.
5. CITY MANAGER/CITY CLERK REPORTS
None.
6. CLOSED SESSION 1:00 PM
a. Labor Negotiations: Police Unit (§ 54957.6)
Negotiator: Candace Horsley, City Manager
Reconvened at 3:44 PM. No action was taken.
7. ADJOURNMENT
There being no further business, the meeting was adjourned at 3:45 PM to July 18, 2007.
Linda C. Brown, Deputy City Clerk
CITY OF UKIAH 5c
CITY COUNCIL AGENDA
Regular Adjourned Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 23, 2007
9:00 a.m.
An informal Coffee Reception was held at 9:00 a.m. A Closed Session was conducted
beginning at 9:30 a.m.
2. CLOSED SESSION 9:30 a.m.
a. Interview, and Possibly Select Potential Citv Manager Position Candidate for
Applicants Received by Ralph Andersen & Associates for the Citv Manager
Recruitment
Interviews were conducted
The meeting recessed to the Regular Meeting at 2:05 PM.
1. ROLL CALL
The Ukiah City Council met at a Regular Adjourned Meeting on July 23, 2007, the notice for which
being legally noticed on, July 19, 2007. Mayor Rodin reconvened the meeting at 2:05:49 PM.
Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, and
Mayor Rodin. Absent: Councilmember Baldwin. Staff present: City Manager Horsley, City
Attorney Rapport, Airport Manager Paul Richey, Planning and Building Director Stump, and Deputy
City Clerk Brown.
Consultants Present: Rick Kennedy, P.E., Project Manager.
The Pledge of Allegiance was recited.
3. APPROVAL OF MINUTES
None.
4. CONSENT CALENDAR
M/S Crane/McCowen to approve.
a. Acceptance of FAA Grant # 3-06-0268-10, in the Amount of $195,000.00 for Airport
Storm Drain Project, Phase II, Design
b. Authorize the Execution of Amendment No. 3 to the Winzler & Kelly Consultant
Service Agreement Dated June 27, 2002 and the Expenditure of an Additional $6,000
from the Orchard Ave Bridge Fund for the Purpose of Incorporating Additional
Design Changes
Motion carried by an all AYES voice vote.
5. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
None.
1
__ _ _ _ _
6. PUBLIC HEARINGS (2:00 PM) 2:06:47 PM
a. Introduction of Ordinance Amending the Airport Industrial Park Planned
Development
Director Stump presented the item. Recommended Action; 1) Conduct a public hearing;
2) Approve the Mitigated Negative Declaration; and 3) Introduce the Ordinance amending the
Airport Industrial Park Planned Development.
Public Hearing Opened and Closed: 2:11:28 PM
Councilmember McCowen stated his concerns that the proposed mitigation is inadequate for
impacts as it relates to traffic circulation at the point of build-out.
Reopened Public Hearing: 2:28:33 PM
Airport Manager Richey provided information about emergency vehicle access across the airport
properties.
Closed Public Hearing: 2:29:20 PM
M/S Thomas/Crane to approve the mitigated negative declaration. Motion carried by the
following roll call vote: AYES: Thomas, Crane, and Mayor Rodin. NOES: McCowen; ABSENT:
Baldwin; ABSTAIN: None.
M/S Crane/Thomas to introduce the Ordinance by Title only. Motion carried by the following roll
call vote: AYES: Thomas, Crane, and Mayor Rodin.NOES: McCowen; ABSENT: Baldwin;
ABSTAIN: None.
The Clerk read the Ordinance Title.
M/S Crane/Thomas to introduce the Ordinance. Motion carried by the following roll call vote:
AYES: Thomas, Crane, and Mayor Rodin.NOES: McCowen; ABSENT: Baldwin; ABSTAIN: None.
7. UNFINISHED BUSINESS 2:32:59 PM
a. Review And Approval Of City Co
Staff is working on a letter. The deadline is August 6, and staff can plan to bring it back to
Council on 8/1/07 if desired.
2:57:00 PM David Rapport was asked to participate in drafting a letter to be signed by the Mayor
responding to and requesting an extension of time for submitting comments to the Notice of
Preparation. By Consensus the Mayor was authorized to sign on the Council's behalf.
8. NEW BUSINESS 2:34:46 PM
a. Award Consultant Serv
Director Eriksen presented the item. Recommended Action: 1) Award Consultant Service
Agreement to SHN Consulting Engineers with Compensation Not to Exceed $21,500 for the
Preparation of Plans, Specifications and Engineer Estimate for the Storm Damage Repair of the
Fish Hatchery Easement. 2) Authorize the City Manager to Execute the Consultant Service
Agreement.
M/S Crane/McCowen to approve the recommended action. Motion carried by the following roll
call vote: AYES: Thomas, Crane, McCowen, and Mayor Rodin.NOES: None; ABSENT: Baldwin;
ABSTAIN: None.
2
b.
M/S McCowen/Crane approval of the Resolution appointing the four applicants to the Parks,
Recreation and Golf Commission, with a correction to the spelling of Don Rones. Motion carried
by an all AYES voice vote.
By Consensus the City Council determined that the Airport Commission should review Airport
Commission applicants and make a recommendation to the City Council for appointment.
By Consensus the City Council determined the Demolition Permit Review committee appointment
will be advertised again.
9. COUNCIL REPORTS
Mayor Rodin talked to Kendall Smith about the possibility of 8/7 being a joint meeting with the
Board of Supervisors regarding the tax sharing agreement. Kendall felt it wouldn't be appropriate
for this first meeting, because they had asked staff to come back with a report on generic tax
sharing agreements. A policy discussion about sales tax agreements and their importance would
be ideal, and she will try to make this happen.
10. CITY MANAGER/CITY CLERK REPORTS
None.
11. ADJOURNMENT
There being no further business, the meeting adjourned at 3:03:01 PM.
Linda C. Brown, Deputy City Clerk
3
ITEM NO. 7a
MEETING DATE: September 5. 2007
AGENDA SUMMARY REPORT
SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM DANIEL
MARLING AND MAXWELL GOLDING AND REFERRAL TO JOINT POWERS
AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND
A claim from Daniel Marling was received by the City of Ukiah on August 1, 2007 alleging
damages to three ballasts in his retail store, Wine Country Aquariums, caused by a power
outage on July 13, 2007.
In addition, a claim was received from Maxwell Golding by the City on July 30, 2007 alleging
personal injury when a City employee "in the course and scope of employment caused his
vehicle to cross over road and collide with Claimant" on Eastside Potter Valley Road on
February 2, 2007.
Pursuant to City policy, it is recommended the City Council reject these claims as stated and
refer them to the Redwood Empire Municipal Insurance Fund (REMIF).
RECOMMENDED ACTION: Reject claims for damages received from Daniel Marling and
Maxwell Golding 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: Yes
Requested by: Claimants
Prepared by: Sue Goodrick, Risk Manager/Budget Officer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Claim of Daniel Marling, pages 1-5.
2. Claim of Maxwell Golding, pages 1-6.
APPROVED:
Candace Horsley, City Ma ger
ATTACHMENT~_
File With:
City Clerk
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
CLAIM FOR MONEY OR
DAMAGES AGAINST THE
CITY OF UKIAH
A claim must be presented, as prescribed by the Government Code of the State of
acting on his/her behalf and shall show the following:
RESERVE FOR FILING STAMP
CLAIM NO.
~~_~v~ ~~
~ ~~
AUG 1 2001 ~~~J
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s)
being answered.
1. Name and Post Office address of the Claimant:
Name of Claimant:
Post Office Address:
2. Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee: ~~~~~_~Qfjl,y R ~ ~ n/ ~ Telephone: ~b~ j </ ~. ~'~'Lj~
Post Office Address: L~ y ~~ ~ ~~~ ~p n ~~ ~ ~ ~ L(K r~u/! ~i1 4~ ~/
3. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence: Time of Occurrence: ~ ~ ~ ~ ~~
Location: ,[ ,~,r ,4R .o F ~7L~_T~~~~{e ,v E ,r, 2~
Circumstances giving rise to this claim: ~
r ~ ~T ®1.,i F~~~t/ S' Te R ,~' - ~~ o mss? .~ r i
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at
the time of the presentation of the claim.
5. The name or names of the public employee or employees causing the injury, damage, or loss, ff known.
Page 1 of 3
Revised t?J2006
If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury,
damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of
computation of the amount claimed.
Amount Claimed and basis for
e />
If amount claimed exceeds 510,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86. )
Limited Civil Case ~ Unlimited Civii Case
You are required to provide the Information requested above, plus your signature on page 3 of this form,
In order to comply with Government Code §910. In addition, In order to conduct a timely investigation and'
possible resolution of your claim, the city requests that you answer the following questions.
7. Claimant(s) Date(s) of Birth:
8. Name, address and telephone number of any witnesses to the occurcey9,ce or transaction which gave rise to the
clairr~,a~ rted_ 1) / % (j _ . „ , ~ ~~ D ~ ~r1Y ., c-~r - -
9. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
10. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
applicable, please attach any repair bids, estimates or similar documents supporting your
Page 2 of 3
Revised 12/2006
READ C
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If /Agency Vehicle was involved, designate by
letter "A" location of /Agency Vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw
AREFULLY
!Agency Vehicle; location of /Agency vehicle at time of accident
by "A-1" and location of yourself or your vehicle at the time of the
accident by "B-t" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
CURB
SIDEWALK
PARKWAY
CURB
Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP
§1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later
determined not to have been brought in good faith and with reasonable cause.
2~r ~ Date:
Page 3 of 3
Revised 12/2006
Power Outage
Subject: Power Outage
From: Wine Country Aquariums <winecountryaquariums@comcast.net>
Date: Mon, 16 Jul 2007 16:16:22 -0700
To: utilities@cityofukiah.com
To: City Of Ukiah-Electrical Purveyor,
From: Wine Country Aquariums
307 N. State St.
Ukiah, Ca 95482
707-467-9931
707-598-5543
On July 13th 2007 a "Riser" cable that is attached to the exterior of the
telephone pole that supplies power to our building was on fire. This outage caused
damage to 3 electronic ballasts in our retail store. We are requesting replacement
of the ballasts. How do we proceed?
T ank You /? ^
Marli g~--
Owner
I of 1 7/16/2007 4:28 PM
National
~~~~'''S .~. N Garden
~'`p~ ~ ' l~ ~ Wholesale.,
'~S.~sytalt'B.a1dLFmra wAL~s.,::..~i~,.~.1a4~.~i~.rr~W
5108 N.E. 88th Strsat - AIA-101 -Vancouver, WA 96665
Toll Free 688-476~i544 -Local 380-663-8646 -Fax 360-883-5395
~I~ Country Aquariums
307 N State Street
Ukiah, CA 95482
USA
DANIEL
~: 1
•
10834
CUSTOMER NO. ~NCOU
SHIP
ine Country Aquariums
307 N State Street
Ukiah, CA 95482
USA
8.00 • 4.00 4.00 902480 GALAXY ELEC. BALLAST 400 WATT $108.00 432.00
N Invoice: $432.00
Freight harges: $21.66
Invo Total: $453.66
rHANtc You
RH No: G 00660:1
i G : i~~~'' l I '.
GiT!'~ +'~GIZ_
L~ ~ `i' i4~~c,,~a:1~`d
File with: CLAIM FOR MONEY OR
City Clerk's Office
City of ukiah DAMAGES AGAINST THE
aoo seminary ave. CITY OF UKIAH
Ukiah, CA 95482
ATTACHMENT o~
RESERVE FOR FILING STAMP
CLAIM NO
liv]'t1IJ'Js3~ SJ!u3"I~dll'J
~~~ri:an ~~o /~i~
tooa o ~ ~nr
A claim must be presented, as prescribed by the Government Code of the State of
acting on his/her behalf and shall show the following:
cJ
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s)
being answered.
1. Name and Post Office address of the Claimant:
Name of Claimant: Maxwell Golding _
Post Office Address: 705 North State Street, 1/110
Ukiah. CA 95482
2. Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee: Maxwell Golding Telephone: 743-1963
Post Office Address: 705 ldorth State Street, 11110 _
Ukiah, CA 95482
3. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence: February 2 , 2007 Time of Occurrence: 0700+-
Location: Eastside Potter Valley Road, approximately .3 miles south of
Circumstances giving rise to this claim: Pine Avenue
Employee of City of Ukiah in course and scope of employment caused
his vehicle to cross over road and collide with_Claimant; contributing
factor to collision is excessive work hours/duties/shifts imposed on
employee.resultin>; in falling asleep while driving. __
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at
the time of the presentation of the claim.
Orthopedic iniuries resulting in permanent impairment of__Claimant,
who_h.a_s_and will incur medical expenses .past end future. loss of__
earnings and earning capacity, permanent pain, suffering and_disabilit}
rehab and retraeininQ costs.
5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
Noble F. Waidelich, Jr.
Page t of 3 3/2003
Revised 7/2003
6. If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury,
damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of
computation of the amount claimed.
Amount Claimed and basis for computation:
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86.)
Limited Civil Case ~ Unlimited Civil Case
You are required to provide the information requested above, plus your signature on page 3 of this form,
in order to comply with Government Code §910. In addition, in order to conduct a timely investigation and
possible resolution of your claim, the city requests that you answer the following questions.
7. Claimant(s) Social Security Number(s): (optional)
8. Claimant(s) Date(s) of Birth:
February 2._1988_ __,.,
9. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the
claim asserted:
CHP Officers M. S. Holzhauer, P. A. Benedetti; Elaine Buxton
(number unknown; Carrie Thies (621-0968)• fire and rescue personnel"
Brandon Tur, Rick Phillips, Bob Gates, Mark Edwards
10. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
See attached itemization of medical services/expenses
1(applicable, please attach any medical bills or reports or similar documents supporting your claim.
11. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: AAA
Address: P, 0. Box 429186
San Francisco, CA 94142-9186 Insurance PolicyNo.: LH 55832
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: 2KMC9O6 _ Vehicle Make/Year: 1988 Mazda
Claimant's Drivers Lic. No.: p7535635 Expiration: Current
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 0(3 3/2003
Revisetl 7/2003
READ C
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If /Agency Vehicle was involved, designate by
letter "A" location of /Agency Vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw
4REFULLY
/Agency Vehicle; location of /Agency vehicle at time of accident
by "A-1" and location of yourself or your vehicle at the time of the
accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not ft the situation, attach hereto a
proper diagram signed by claimant.
See Traffic Collision Report ~p2007020006, CHi' Ukiah Office
SIDEWALK
CURBS
PARKWAY
7 SIDEWALK
CURB
Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP
§1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later
determined not to have been brought in good faith and with reasonable cause.
Signature:
Date: /~ ~7
Page 3 of 3 3/2003
Revised 7/2003
DECLARATION OF SERVICE BY MAIL
I am a citizen of the United States and a resident of the County of Mendocino,
California. I am over the age of eighteen years and not a party to the above-entitled
action. My business address is 121 South Main Street, Ukiah, California. On this
date I served a copy of the foregoing document by placing a true copy thereof
enclosed in a sealed envelope with postage thereon fully prepaid, by certified mail
with return receipt requested, in the United States post office mail box at Ukiah,
California, addressed in the manner immediately below this declaration.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct. Executed on July ~ 7 , 2007 at Ukiah, California.
/~
heila Holland
City Clerk's Office
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Ukiah Ambulance Service 1,827.00
P. O. Box 277
Ukiah, CA 95482
Calstar Four 28,103.50
4933 Bailey Loop
McClellan, CA 95652
Santa Rosa Memorial Hospital 286,763.08
P. O. Box 522
Santa Rosa, CA 95402
Santa Rosa Trauma Physicians Medical Group 7,839.00
Group One Health Source
Box LA 21532
Pasadena, CA 91185
Redwood Regional Medical Group 842.00
121 Sotoyome Street
Santa Rosa, CA 95405
Frederick S. Bennett, M.D. 20,331.00
1405 Montgomery Drive
Santa Rosa, CA 95405
Home Care and Hospice Services of Mendocino County 5,200.00
1712 South Main Street, Suite D
Willits, CA 95490
Mendocino Community Health Clinic 142.26
333 Laws Avenue
Ukiah, CA 95482
Ukiah Valley Medical Center 3,549.66
275 Hospital Drive
Ukiah, CA 95482
Anesthesia & Analgesia Medical Group
1600 Riviera Avenue, Suite 420
Walnut Creek, CA 94596
Pacific Redwood Medical Group, Inc.
Ukiah Valley Medical Center
3156 Vista Way, Suite 405
Oceanside, CA 92056
R A Medical Company
407 East Perkins Street
iJkiah, CA 95482
Rite Aid Pharmacy
P. O. Box 3165
Harrisburg, PA 17105
amount unknown
amount unknown
amount unknown
amount unknown
ITEM NO. 7b
DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION OF AWARD OF CONTRACT TO ASSOCIATED
LABORATORIES IN THE AMOUNT OF $5,100.00 FOR LABORATORY ANALYSIS OF
DRINKING WATER SAMPLES FOR DISINFECTION BY-PRODUCTS AT THE WATER
TREATMENT FACILITY FOR A TWO YEAR PERIOD
Pursuant to the City of Ukiah Municipal Code Section 1530, this report has been written to
inform the Council of the award of contract for analysis of drinking water samples for
disinfection by-products, trihalomethanes and haloacetic acids at the Water Treatment Facility,
to Associated Laboratories in Orange, CA for the amount of $5,100.00. Due to the fact that the
Wastewater Treatment Facility construction will not be completed for another 1.5 - 2 years,
staff is recommending contracting the sampling services to Associated Laboratories until the
City's Wastewater Treatment Facility lab is completed.
Requests for bids were sent out to qualifying laboratories and there were three responses.
Vendor Per sam le bid Total bid 34 sam les
Associated Laboratories $150.00 $5,100.00
BSK Laboratories $154.00 $5,236.00
AI ha Anal tical $190.00 $6,460.00
The City of Ukiah has a good working relationship with all of the above labs and each has
performed this analysis for us in the past.
The service includes analysis of thirty-four samples covering atwo-year period and are
included in the Fiscal Year 2007-08 budget within account number 820.3908.250.000.
RECOMMENDED ACTION: Receive notification of award of contract to Associated
Laboratories in the amount of $5,100.00 for laboratory analysis of drinking water
samples for disinfection by-products at the Water Treatment Facility for atwo-year
period.
ALTERNATIVE COUNCIL POLICY OPTION: N/A
FUNDING:
Amount Budgeted
$ 5,100
Account Number
820.3908.250.000
Additional Funds Requested
Requested by: Ann Burck, Water /Sewer Project Engineer
Prepared by: Alan Jamison, Water Treatment Plant Supervisor
Coordinated with: Candace Horsley, City Manager
APPROVED: .
Candace Horsley, City Man
ITEM NO. 7c
DATE: September 5, 2006
AGENDA SUMMARY REPORT
SUBJECT: REQUEST AWARD OF CONTRACT TO LAB/COR, INC. IN THE AMOUNT OF
$16,960.00 FOR THE MONTHLY SAMPLE ANALYSIS OF UNTREATED WATER AT THE
WATER TREATMENT FACILITY FOR A TWO YEAR PERIOD.
Under Stage 2 (LT2) of the USEPA's Long Term Enhanced Surface Water Treatment Rule
(LTESWTR), the City is required to sample its untreated water for Cryptosporidium, Giardia,
and E. Coli. monthly for a period of two years. There are only 6 labs in the Country that are
qualified to perform these tests, so we will go out to bid again at the end of the two years.
Pursuant to City of Ukiah Municipal Code Section 1530, this is to request that the City Council
award the contract for the analysis of raw water samples for a two year period in the amount of
$16,960.00 to Lab/Cor, Inc., located in Seattle, Washington.
Bids were sent to three USEPA qualified labs. Two bids were received from Lab/Cor, Inc., and
BioVir Laboratories, Inc. located in Benicia, California. Pricing includes all necessary sample
equipment and filters for each sample, along with instructions for sampling, cleaning and
storing of the equipment between sampling, and packing and shipping procedures. Below is
tabulation illustrating the bid results.
Lab/Cor, Inc.: $16,960.00
BioVir Laboratories: $17,286.16
Staff anticipates beginning the sampling in December 2007, thus the actual cost will be spread
over three fiscal periods. This item has been included in the Fiscal Year 2007-08 budget within
account number 820.3908.250.000.
RECOMMENDED ACTION: Request award of contract to Lab/Cor, Inc. in the amount of
$16,960.00 for the monthly sample analysis of untreated water at the Water Treatment
Facility for a two year period.
ALTERNATIVE COUNCIL POLICY OPTION: Reiect the bid and provide direction to staff.
FUNDING:
Amount Budgeted Account Number Additional Funds Requested
$ 16,960 820.3908.250.000
Requested by: Ann Burck, Water Utilities Project Engineer
Prepared by: Alan Jamison, Water Treatment Plant Supervisor
Coordinated with: Candace Horsley, City Manager
APPROVED: ` ~
Candace Horsley, City Hager
ITEM NO. 7d
DATE: Seatember 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: NOTIFICATION OF EXPENDITURE IN THE AMOUNT OF
$6,720.00 FOR THE REPLACEMENT OF HVAC UNIT ON THE FSS BUILDING
AT THE UKIAH REGIONAL AIRPORT
SUMMARY: In compliance with Section 1522 of the Ukiah City Code, this report
is being submitted to the City Council for the purpose of reporting the purchase of
equipment costing $5,000.00 or more but less than $10,000.00.
Staff is respectfully submitting notification to the City Council of an expenditure
made in the amount of $6,720.00 to Reliance Enterprises for the replacement of
a HVAC unit on the roof of the FSS building located at the Ukiah Regional
Airport. The replacement will be funded from Airport Buildings and Grounds
Fund # 600-5001-305.
This HVAC unit is the last of three units to be replaced on the FSS building. It
has been in operation since 1973, and is being replaced before it fails and
emergency replacement is necessary. Additionally, the new unit will be more
energy efficient.
RECOMMENDED ACTION: Receive notification on expenditure in the
amount of $6,720.00 for replacement of HVAC unit on FSS building at Ukiah
Regional Airport
ALTERNATIVE COUNCIL POLICY ACTION: N/A
CITIZEN ADVISED: N/A
REQUESTED BY: Paul Richey, Airport Manager
PREPARED BY: Paul Richey, Airport Manager
COORDINATED WITH: Mary Horger, Purchasing Supervisor
APPROVED:
Candace Horsley, City Manag r
ITEM NO. 7e
DATE: September 5. 2007
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR GOBBI STREET &
ORCHARD AVENUE TRAFFIC SIGNAL IMPROVEMENTS,
SPECIFICATION NO. 06-16
SUMMARY: The City Council awarded the contract for Gobbi Street and Orchard Avenue
Traffic Signal improvements on December 20, 2006 to Pipeline Excavators, Inc. of
Sebastopol, California (contractor) in the amount of $388,283.00. The work of the contract
was completed by the contractor in substantial conformance with the approved plans and
specifications on July 27, 2007. The final contract cost, based on actual quantities
constructed and the approved change order, is $419,079.70. Final payment of the
retention will be made to the contractor after 35 days from the date the Notice of
Completion is filed with the County Recorder.
Funding for this project was as follows:
STIP Funds: $131,000.00
Orchard &Gobbi Traffic Signal Fund: $115,000.00
Gas Tax Funds: $173,079.70
RECOMMENDED ACTION: 1. Accept the work as complete; 2. Direct the City Clerk to
file the Notice of Completion with the County Recorder for the Gobbi Street and
Orchard Avenue Traffic Signal Improvements, Specification No. 06-16.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised: N/A
Requested by: Tim Eriksen, Director of Public Works /City Engineer
Prepared by: Alan Hasty, Assistant Engineer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Notice of Completion
APPROVED~v~~--
Candace Horsley, City anager
7e NOC-Spec-O6-16 asr
Attachment 1
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(7071 463-6200
NOTICE IS HEREBY GIVEN
NOTICE OF COMPLETION
1. That the real property described is owned by the fallowing whose address is: City of Ukiah, a Municipal
Corporation 300 Seminary Avenue Ukiah California 95482-5400
2. That the nature of the title to the Gobbi Street & Orchard Avenue Traffic Sional Improvements, Specification
No. 06-16 of all said owners is that of fee simple.
3. That on the 27th day of July 2007, the Contract work for this project was actually completed.
4. That the name and address of the Contractor is Pip_ eline Excavators, Inc, PO Box 1755, Sebastopol,
California, 95473.
5. That the real property herein referred to is situated in the County of Mendocino, State of California, and
is described as follows: City-owned property identified as streets within the City of Ukiah.
City Council Approval CITY OF UKIAH, a Municipal Corporation
By:
Date Linda Brown, City Clerk Date
State of California
County of Mendocino
On before me,
Date
personally appeared
Name and Title of Officer (e.g. "Jane Doe, Notary Public")
Namelsl of Signerlsl
^ personally known to me
^ (or 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 capacityliesl, and that by his/her/their signature(s) on
the instrument the person(sl, or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature of Notary Public
ITEM NO: 7f
MEETING DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: AWARD PURCHASE OF TRANSFORMERS TO GENERAL PACIFIC INC. IN THE
AMOUNT OF $47,809.05; HD SUPPLY IN THE AMOUNT OF $24,388.14; AND GE SUPPLY
COMPANY IN THE AMOUNT OF $21,172.88.
Submitted for the City Council's consideration and action is Staffs recommendation that the
purchase of transformers be awarded to General Pacific Inc. in the amount of $47,809.05, HD
Supply in the amount of $24,388.14, and GE Supply Company in the amount of $21,172.88.
The City's Electric Department back-up stock of transformers needs to be replenished. Bid
requests were sent to a total of 7 companies. A bid evaluation outlining those vendors who
responded, and details of their bid responses, is attached to this summary report for Council's
review. In short, the following is Staffs recommendation:
1) Award the following to General Pacific Inc., for a total amount of $47.809.05:
QTY Description Ext price inc tax
1 Pole Mount, 5 KVA, 1 Phase $ 832.91
3 Pole Mount, 10 KVA, 1 Phase $ 2,725.00
5 Pole Mount, 37.5 KVA, 1 Phase $ 7,268.11
2 Pole Mount, 100 KVA, 1 Phase $ 7,145.98
1 Pad Mount, 1500 KVA, 3 Phase $29,837.05
2) Award the following to HD Supply. for a total amount of $24,388.14:
QTY Description Ext price inc tax
1 Pad Mount, 37.5 KVA, 1 Phase $ 3,371.50
1 Pad Mount, 750 KVA, 3 Phase $21,016.64
3) Award the following to GE Supply Co., for a total amount of $21,172.88:
QTY Description Ext price inc tax
2 Pad Mount, 50 KVA, 1 Phase $ 7,475.70
1 Pad Mount, 225 KVA, 3 Phase $13,697.18
These purchases were budgeted within account number 800.3646.690.000 and sufficient funds
are available.
RECOMMENDED ACTION: Award purchase of transformers to General Pacific Inc. in the
amount of $47,809.05; HD Supply in the amount of $24,388.14; and GE Supply Company in
the amount of $21,172.88.
ALTERNATIVE COUNCIL OPTIONS: Reject all bids and provide direction to Staff
Requested by: Colin Murphey, Electric Supervisor and Mary Horger, Purchasing
Supervisor.
Prepared by: Mary Parker, Purchasing Assistant
Coordinated with: Candace Horsley, City Manager
Attachments: 1 -Recommended Qualified Bidders
Approved:-- ~
Candace Hors ey, City Manager
ATTACHMENT
Racolo¢xDm ooALxr]av nmveRs
eLeccucAL rRAxseoRl¢Rs
ein aeaNlxO AOG 12,]003
CONPLIANCB XISII
8ID PLO6 SP88I YI GTI ON LDHBST
V8ND00. MPG Ti TAH OR COq¢IRS COM'LL.IPI BID
IT@1 1 ] 6A, POLH MOOMT. 5 RYA, 1] RV. 310 /]00 V. 1 PINHB
GHIpi.L PACIFIC ~ 0 90]].91
He5TEN1 STnTBi ELI D 0990.]0
SOVIIMEST POWEN 0 93,DD0.5i
G6. SUPPLY N 0 Sl, lv+.++
He5C0 0 v3, +05.91
PFCZPIC UIILITI85 H
lDRTICR MPG. CO 0
LOMB9T CO1D'LLJiT BI088R CCnC[al Pacifi[ 80J].91
ITCH ] ] 8A. POLB MDOIIP, SO RYA. 11 6V, 1]P /]10 V. 3 PIIASH
GFt1PA,L. PACI PIC 0 0],]]5.00
HHSTENI SIAT85 8L1 0 O], L2].6l
xesCO o s+. m1.61
SBDIIMBST P-WCR 0 0+.]05.69
GF. SUPPLY CD 0 S+,SS i. OI
PACIFIC VCILITIBS 0
YAR21C8 HIG. CO 0
LDMHST COMPLIAM BIDDBR cvnC[al Pa Cif1C 92,215.00
ZTNI ] 5 BA. POLP MONPP, 1T.5 RYA, 12 11V. 130/]90 V, 1 PNASa
Gex®LtL PACI PIC 0 5'1.960.11
HFSTEwi SPATHS ELI 0 90.616. 9i
SOVIZINRST POMFR 0 `a 0,695.{I
HBSCO 0 99.132 ~96
GF. DUPPLY CD 0 01],956.91
PACIFIC VIILITIFS 0
PAASI[F HFC. CO 0
LOHHST CONP1INR BIOnBM1 GCno[al Pvclfic 02.]60.11
]TOM 9 ] BA, POLB BODMT. 100 RYA, l] RV, 1]0/]10 V 3 PNA6R
CflROIAl PRCI PIC 0 53.195.90
H¢SCD 0 99,009.99
xesrewl stares eu o
C6. SUPPLY CO 0
PACI PIC VIILITZC$ 0
IORTICR HFG. CO 0
SOVIZMHST PGH60. 0
LOHPHT COMPLIANT BIOVeR Gonvznl Pvd [lc 93,195.96
ITPM $ 1 eA, PM MOVNY, 23.5 RYA, 32 eV, 1]0/]90 V, 1 PIIA68
G018R1.[. PA[ZFBC 0 52.559.35 tlluhle [o p[9Vitlv v/] prieery evltchea
SOVIIMCST POWCR 0 9].]]1.50
Ge. SVPPLV CD 0 9],161.]5
Mebtfiw! ST.1T85 eW 0 5], 350 A0
M65C0 0 5], 655.11
PACIFIC 122L2T2fl0 0
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ITEM NO: 7g
MEETING DATE: September 5`h, 2007
AGENDA SUMMARY REPORT
SUBJECT: AUTHORIZE THE TRANSFER OF $24,600.00 OF 678 DISPATCH FUND
BALANCE TO 678.2040.800.000 FOR THE SOLE SOURCE PURCHASE OF THREE
COMPUTER AIDED DISPATCH LICENSES FROM VISIONAIR, INC., IN AN AMOUNT
NOT TO EXCEED, $24,600.00.
As presented to Council during the budget hearings, staff recommended the hiring of
additional dispatchers to assist with the increasing workload within the police and fire
dispatch center. Staffs original recommendations to hire two dispatchers was modified to
a recommendation of hiring one dispatch supervisor position, and develop other measures
which would reduce dispatcher workload, and increase service capabilities to the public
and public safety staff.
Staff met with dispatch personnel, front office personnel, and personnel from the
Mendocino County Sheriffs Office dispatch center, in an effort to identify opportunities
which would decrease workload. From these meetings, staff began research on two
opportunities which would help decrease workload, and provide faster service to the public
and public safety staff.
RECOMMENDED ACTION: 1. Authorize the transfer of $24,600.00 of 678.2040 fund
balance to 678.2040.800.000 for the Sole Source Purchase of three Computer Aided
Dispatch licenses from VisionAir, Inc., in an amount not to exceed, $24,600.00.
ALTERNATIVE COUNCIL OPTIONS: Provide staff with alternate direction.
FUNDING:
Amount Budgeted From Acct No. To Acct. No. Additional Funds Requested
None Fund Balance 678 678.2040.800.000 $24,600.00
Citizens Advised: N/A
Requested by: N/A
Prepared by: Chris Dewey, Police Chief
Coordinated with: Candace Horsley, City Manager
Attachments: None
Approved:
Candace Horsley, C ~ Manager
Authorize the transfer of $24,600.00 of 678 dispatch fund balance to 678.2040.800.000 for the Sole Source
Purchase of three Computer Aided Dispatch licenses from VisionAir, Inc., in an amount not to exceed,
$24,600.00.
The first change developed by staff is to utilize front office personnel to reduce dispatcher
workload during peak daytime activity periods.
During an average business day, 10 to 20 citizens will request police services by coming
directly to the Civic Center, and during extreme peak periods, this number can raise to over
40 requests a day. Typically, this police lobby traffic is generated for all types of police
services from fraud and theft cases, reports of domestic violence and sexual assaults, to
simple found and lost property reports.
By installing computer aided dispatching software at the two primary front office workstations,
the workload on dispatch can be decreased. Instead of having citizens first contact the front
office reception personnel, then again talking to a dispatcher to receive a police response, the
addition of the software will allow the front office person to obtain necessary information, and
request an officer directly without the assistance of dispatch personnel. In the case of simple
police report activity, (found and stolen property reports), training front office personnel to
obtain information, and complete a report will eliminate workload for both dispatch personnel
and officers.
The second change developed by staff is to form a partnership agreement, and share
computer aided dispatch software platforms with the Mendocino County Sheriffs Office to
reduce workloads during peak critical incidents by sharing dispatch personnel resources.
During an average day, either the Sheriffs Office, or our department will be involved in
multiple critical incidents, which will consume our field resources. During these times, each
department will request the services of the other department to assist with other calls for
services, or emergencies. The coordination of requests for assistance is a cumbersome
process for the dispatch personnel, who are tasked with supporting the field personnel
currently assigned to events, while coordinating and sharing the necessary information with
the second dispatch center.
Our dispatch centers currently operate on two dissimilar computer aided dispatching
platforms, which can not talk to each other. By purchasing and installing our computer aided
dispatch software at each dispatch center, each dispatcher working will have direct access to
the information necessary to dispatch units without additional coordination and assistance.
The City would purchase a VisionAir license for the County Dispatcher Center and the
County will purchase a license for their software for the City.
This partnership developed by the two departments, will help to create an instant "on-call"
dispatcher for each center to assist during high peak periods.
The City of Ukiah's dispatch fund currently has a fund balance of approximately $92,681.00
dollars. This fund balance is used to balance expenses which exceed a budgeted year, cover
emergency purchases and assist with one-time expenses. In 1997, a portion of the dispatch
fund balance was used to assist with the expensive development of the current dispatch
center. The authorized purchase of this software would reduce the fund balance to
$68,081.00 dollars, or 11.9% of the annual operating costs of the dispatch center.
2
Authorize the transfer of $24,600.00 of 678 dispatch fund balance to 678.2040.800.000 for the Sole Source
Purchase of three Computer Aided Dispatch licenses from VisionAir, Inc., in an amount not to exceed,
$24,600.00.
Each software license of the computer aided dispatch software costs $8,200 dollars,
including tax. These costs reflect the complex nature of the software, and the complex
network applications needed to connect to the various in-house and State of California data
bases. Although the cost appears expensive, its purchase and utilization in this proposed
plan will assist in reducing daytime workload for the dispatch utilizing the front office records
clerks, and add an "on-call" MCSO dispatcher during peak emergency situations. These
proposals will help mitigate the costs of adding personnel to the dispatch center.
Over the last 10 years, the Police, Fire and Dispatch Department have used VisionAir
Software for our Police and Fire Records Management and Dispatch Computer Aided
Dispatching needs. VisionAir also provides our specifically designed Police Mobile Computer
Software and Fire Mobile Computer Software, which interfaces directly with our existing
Police, Fire and Dispatch software applications.
Staff recommends that the City Council authorize the transfer of $24,600.00 of 678.2040 fund
balance to 678.2040.800.000 for the Sole Source Purchase of three Computer Aided
Dispatch licenses from VisionAir, Inc., in an amount not to exceed, $24,600.00.
v
ITEM NO. 7h
DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF BUDGET TRANSFER & NOTICE OF COMPLETION FOR
ADDITIONAL PROJECT WORK FOR 2000 AND 2002 STIP RAILROAD
CROSSING REHABILITATION PROJECT SPECIFICATION NO. 07-06
SUMMARY: This project was funded in the amount of $284,000 by State Transportation
Improvement Program (STIP) funds. The remainder of the funding was a combination of Traffic
Congestion Relief Program (TCRP) funds and gas tax funds. The City Council awarded the
contract on March 21, 2007 to Granite Construction Company of Ukiah, California (contractor) in
the amount of $417,122.00.
The work of the contract was completed by the contractor in substantial conformance with the
approved plans and specifications on August 29, 2007. The final contract cost, based on actual
quantities constructed and the approved change orders, is $490,862.10. The change orders
were executed because there was an increase over what the design engineer had estimated in
the amount of earthwork, ballast, and asphalt concrete pavement required. Staff is requesting
approval to transfer $73,740.10 from Gas Tax Fund 301 Fund Balance to Fund 330, STIP
Augmentation - S645 Allocation to pay the difference between the original contract and various
change orders. Final payment of the retention will be made to the contractor after 35 days from
the date the Notice of Completion is filed with the County Recorder.
RECOMMENDED ACTION: 1. Approve Budget Transfer from Gas Tax 301 Fund Balance
to Fund 330 -STIP Augmentation; 2. Accept the work as complete; 3. Direct the City
Clerk to file the Notice of Completion with the County Recorder for 2000 and 2002 STIP
Railroad Crossing Rehabilitation Project, Specification No. 07-06.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
FUNDING:
Amount Budgeted From Acct No. To Acct. No. Additional Funds Requested
N/A Gas Tax 301 STIP Augmentation $73,740.10
Fund Balance Fund 330
Citizen Advised: N/A
Requested by: Tim Eriksen, Director of Public Works /City Engineer
Prepared by: Alan Hasty, Assistant Engineer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Notice of Completion
APPROVED: ~7~-p~~
Candace Horsley, City Man ger
AG-NOC-Spec-07-O6.SUM \
Attuc;i ~ment # ~_
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(7071 463-6200
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
That the real property described is owned by the following whose address is: City of Ukiah, a Municipal
Corporation, 300 Seminarv Avenue, Ukiah, California 95482-5400
2. That the nature of the title to the 2000 and 2002 STIP Railroad Crossing Rehabilitation Project
Specification No. 07-06 of all said owners is that of fee simple.
3. That on the 29th day of August 2007, the Contract work for this project was actually completed.
4. That the name and address of the Contractor is Granite Construction Comoany, 1324 S. State St.,
Ukiah, California, 95482.
5. That the real property herein referred to is situated in the County of Mendocino, State of California, and
is described as follows: City-owned orooerty identified as streets within the Citv of Ukiah.
City Council Approval CITY OF UKIAH, a Municipal Corporation
By:
Date Linda Brown, City Clerk Date
State of California
County of Mendocino
On before me,
Date
personally appeared
Name and Title of Officer (e.g. "Jane Doe, Notary Pu
Namelsl of Signerlsl
^ personally known to me
^ (or proved to me on the basis of satisfactory evidence)
to be the personlsl 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 capacityliesl, and that by his/her/their signature(s) on
the instrument the person(sl, or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature of Notary Public
ITEM NO: ~i
DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION SUPPORTING A GRANT APPLICATION TO
MENDOCINO COUNTY (TOBACCO SETTLEMENT FUNDS) TO DESIGN
AND CONSTRUCT A HIKING TRAIL ON CITY PROPERTY IN THE WEST
HILLS AREA.
SUMMARY: The Paths, Open Space and Creeks Commission (POSCC) have been working on
planning and designing a hiking trail on City-owned property in the west hills area. In 2006, the
POSCC received City Council support and applied fora $25,000 Mendocino County Tobacco
Settlement Funds grant to finalize the design and to possibly construct the trail. The 2006 grant
application was unsuccessful and the Commission is now prepared to make a 2007 application for
the same funds. This Agenda item is seeking the City Council's support for the 2007 application.
BACKGROUND: In 2005, the POSCC began discussions of a hiking trail on the City-owned
property north and west of the golf course with the City Council. The Council supported the
concept, but indicated that a number of initial issues needed to be resolved. These issues included
keeping the trail on City-owned property, potential conflicts with the golf course, and the proposed
connection to Maple Avenue. Since that time, the POSCC have resolved these issues.
(continued on page 2)
RECOMMENDED ACTION: 7) Adopt Resolution supporting the submittal of the grant
application.
ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Resolution and provide direction to
Staff.
Citizen Advised: N/A
Requested by: Ukiah Paths, Open Space, and Creeks Commission
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager and Sage Sangiacomo, Director of
Community Services
Attachments: 1-Resolution
APPROVED: I
Candace Horsley, City onager
The trail would only be constructed on City-owned property and would not connect to the golf
course or Maple Avenue. It would begin and end as a loop trail from Low Gap Park. Discussions
with the Mendocino County General Services Staff in 2006 were positive and cooperative in terms
of the connection to Low Gap Park.
UNRESOLVED ISSUES: As discussed in 2006, there are still unresolved issues, which include
trail maintenance, general liability, and fire protection.
Trail Maintenance and Liability
The Community Services Department is supportive of the concept of constructing a trail on the City-
owned property above and to the northwest of the golf course. However, the Department is
concerned about its ability to adequately maintain the trail and limit liability issues. The Department
may not have the Staff and financial resources to routinely patrol and assess the condition of the
trail, repair damaged areas, maintain signage, collect and remove litter, etc. These routine
maintenance activities are important to reduce and limit liability issues.
Fire Protection
The Fire Department has expressed concerns about fire protection issues associated with the
construction of a trail in the lower hillside area. These concerns include, but are not necessarily
limited to the potential increase in fire incidents resulting from an increase in human activities in the
area, a lack of access to engage a fire, and the costs associated with necessary fuel management
in the vicinity of the proposed trail.
These issues will have to be resolved before Staff recommends final approval of the trail. The
POSCC understands this, but did not want to miss the opportunity for pursuing a potential funding
source in the event that the issues are soon resolved.
RECOMMENDATION: 1) Adopt Resolution supporting the submittal of the grant application
2
Attuci ~ment #
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
SUPPORTING A GRANT APPLICATION TO THE MENDOCINO COUNTY TOBACCO
SETTLEMENT ADVISORY COMMITTEE FOR THE DESIGN AND CONSTRUCTION
OF A HIKING TRAIL ON CITY-OWNED PROPERTY
WHEREAS,
1. The Ukiah General Plan Open Space and Conservation Element encourages the
investigation of suitable sites in the hillside area for the construction of hiking trails; and
2. The City of Ukiah Paths, Open Space, and Creeks Commission has been discussing
and exploring the concept of constructing a hiking trail on City-owned land west and
northwest of the golf course; and
3. The City Council discussed and endorsed the concept of a hiking trail on City-owned
land in 2005, and directed the Commission to continue its efforts, and to explore and
attempt to resolve identified issues; and
4. While the Commission has not yet resolved the maintenance, liability and fire
protection issues, it has identified a potential funding source and desires to pursue the
grant funds in the event that the outstanding issues can be resolved.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby supports the filing of
the grant application to the Mendocino County Tobacco Settlement Advisory Committee for
the design and construction of a hiking trail on City-Owned property.
PASSED AND ADOPTED this 5th day of September 2007, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mari Rodin, Mayor
ATTEST:
Linda Brown, City Clerk
ITEM NO. ~~
DATE: Seatember 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: AUTHORIZE EXECUTION OFAMENDMENTTOTHEAGREEMENTWITHEBA
ENGINEERING IN AN AMOUNT NOT TO EXCEED $40,586 FOR ENVIRONMENTAL
SERVICES AT THE CORPORATION YARD
SUMMARY: Due to the contamination related to the underground storage tanks removed
from the corporation yard in July 1997 the City is required by the North Coast Regional Water
Quality Control Board (NCRWQCB) to complete quarterly monitoring and sampling of the
groundwater. EBA Engineering has provided this service to the City during the life of this
project.
All costs involved in quarterly monitoring and sampling are eligible for reimbursement through
the claim the City has filed with the State Underground Storage Tank (UST) Cleanup Fund. In
addition, the City has pollution liability insurance coverage for the Corporation Yard. Staff
therefore expects full reimbursement of all expenses related to this project. To date, with
EBA's expertise in submitting reimbursement requests, the City has received 100°I° of the
requested total reimbursement of $420,492 from the State UST Cleanup Fund.
Since this work for the upcoming fiscal year is not included in EBA's current scope of work,
staff requested a proposal from EBA for environmental services. Funding for this work is
identified in the FY 2007-2008 budget (Special Revenue Fund). Upon completion of the work
and submittal of reimbursement request, full reimbursement is anticipated for expenses
related to the proposed work. Staff recommends authorization of the attached Amendment
with EBA Engineering.
RECOMMENDED ACTION: Authorize Execution of Amendment to the Agreement with EBA
Engineering in an amount not to exceed $40,586 for Environmental Services at the
Corporation Yard.
ALTERNATIVE COUNCIL POLIGY OPTIONS: Choose not to approve recommended
action and provide direction to staff.
Citizen Advised: N / A
Requested by: Tim Eriksen, Director of Public Works /City Engineer
Prepared by: Rick Seanor, Deputy Director of Public Works R~-
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Amendment to the Agreement
2. Cost Estimate from EBA Engineering
APPROVED:
Candace Horsley, Cit Manager
RJS. FGeLeProlSY~s10
CITY OF UKIAH Attachment ~
AMENDMENT NO. 12
TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
DATED AUGUST 26, 1998
TERMS AND CONDITIONS
All terms and conditions of the Agreement for Professional Consulting Services dated
August 26, 1998; the Amendment dated December 15, 1998; the Second Amendment
dated May 5, 1999; the Third Amendment dated July 5, 2000; the Fourth Amendment
dated August 23, 2001; the Fifth Amendment dated September 23, 2002 the Sixth
Amendment dated February 27, 2003; the Seventh Amendment dated October 20, 2003;
and the Eighth Amendment dated October 4, 2004; the Ninth Amendment dated
February 1, 2005; the Tenth Amendment dated April 26, 2005; and the Eleventh
Amendment dated September 25, 2006 shall remain in force and effect except as modified
by this twelfth amendment.
AUTHORIZATION
Upon execution of this amendment, service provider is authorized to provide the service
described under the Scope of Work identified in this Amendment No. 12.
SCOPE OF ADDITIONAL WORK
Work authorized by this amendment shall include that work described in the
August 27, 2007 letter proposal from EBA Engineering. A copy of said letter is included in
this twelfth amendment.
COMPENSATION
Compensation for the performance of the additional work shall be made on a time and
expense basis at Consultants customary fees. Expenses shall not exceed a maximum
total cost of $40,586.
EBA ENGINEERING
BY:
PRINT NAME:
TITLE:
DATE
Amendment No. 12 to Agreement for
PrMessional Consulting Services
CITY OF UKIAH
BY:
CANDACE HORSLEY
City Manager
DATE
The estimated cost to implement the above scope of work is $40,585.20. A detailed breakdown
of the cost estimate is attached.
L:@nv\us11621ukahcorp\cusi euimatesk'ostes000"IQMCOVecdov'
825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (7071 544-0784 FAX (707) 544-0866
Also in Southern California
ASSUMPTIONS
Attachment # 2
ENG/NEER/NG
C/V/L 8 ENV/RONMENTAL ENG/NEERS
August 27, 2007
Mr. Rick Seanor
Department of Public Works
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
RE: COST ESTIMATE FOR ENVIRONMENTAL SERVICES
QUARTERLY MONITORING AND SAMPLING
CITY OF UKIAH CORPORATION YARD UST INVESTIGATION
1320 AIRPORT ROAD, UKIAH, CALIFORNIA
EBA Project No. 98-621
Dear Mr. Seanor:
Please find enclosed a cost estimate for environmental services including one-year (four events)
of quarterly monitoring at the project site. The scope of work detailed herein was originally
proposed on December 1, 2005 in EBA Engineering's (EBA) Feasibility Study and Corrective
Action Plan (FSCAP). The North Coast Regional Water Quality Control Boazd (NCRWQCB) in
a letter dated July 14, 2006 approved the FSCAP. The following sections include a discussion of
the scope of work, a cost estimate summary, assumptions, and conclusions. Please also find
attached a detailed cost estimate that further defines the estimated costs for the scope detailed
herein.
SCOPE OF WORK
The scope of work is defined below:
Quarterly Monitoring and Reporting -Ongoing quarterly monitoring and reporting will be
provided for the 3`d and 4s' quarter 2007 and Is` and 2" quarter 2008 monitoring events.
Sampling will be performed in accordance with EBA's FSCAP.
COST ESTIMATE SUMMARY
The estimated cost to implement the above scope of work is $40,585.20. A detailed breakdown
of the cost estimate is attached.
L:knJ~usi\621okiahcoepkos\ee\imaieskostesi20(Y1QMCOVer DOc
825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (707) 544-0784 FAX (707) 544-0866
Also in Southern California
ASSUMPTIONS
For the purposes of developing the scope of work and the cost estimate, the following
assumptions were made:
• Groundwater generated during these activities will be disposed of by the City of Ukiah.
CONCLUSIONS
Throughout this project, additional new information may become available. This new
information may result in a change in the scope of work, which may result in a change in the cost
of the project. EBA will notify the client when there is a change in the cost and will not proceed
without prior approval of the changes from the client. Throughout the project, EBA will make
every effort to reduce the cost of the project by negotiating with regulatory agencies to eliminate
unnecessary procedures and/or analytical costs.
Thank you for allowing EBA this opportunity to perform environmental services for you. Should
you have any questions or comments regarding this cost estimate, please contact EBA at
(707) 544-0784. EBA will implement this scope of work immediately upon your approval.
Sincerely,
EBA NGINEERING
~~CGGLt)
atthew J. arns , P.G.
Project Geologist
Enc: Detailed Cost Estimate
Standazd Schedule of Fees and Rates
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CIVIL & ENVIRONMENTAL ENGINEERS
STANDARD SCHEDULE OF FEES AND RATES
Principal GeologisUPrincipal Engineer/Hydrogeologist....
Senior GeologisdSenior Engineer/Hydrogeologist............
Project Geologist/Project Engineer ....................................
Project Manager .................................................................
Staff GeologisUStaff Engineer ...........................................
Survey: 3 Man Crew ..........................................................
Survey: 2 Man Crew ..........................................................
Senior Environmental Scientist/Specialist .........................
Environmental ScientistlSpecialist ....................................
Design Draftsperson ...........................................................
Word Processing ................................................................
Administrative ....................................................................
Systems Manager ...............................................................
Depositions or court proceedings .......................................
Subconsultants ...................................................................
Prints and materials ............................................................
Miscellaneous expenses .....................................................
Effective February 2007
..............$135.00 per hour
..............$100.00 - $ ] 20.00 per hour
..............$ 80.00 - $I 10.00 per hour
..............$ 90.00 - $120.00 per hour
..............$ 70.00 - $ 85.00 per hour
....:.........$185.00 per hour
..............$165.00 per hour
..............$ 70.00 - $100.00 per hour
..............$ 50.00 - $ 90.00 per hour
..............$ 70.00 - $ 85.00 per hour
..............$ 45.00 per hour
..............$ 60.00 per hour
..............$ 65.00 per hour
..............200% of usual rates
..............Cost plus 15%
..............Cost plus 15%a
..............Cost plus 15%
1.\mas~us\(ormsUa~cskng06.Jnc
825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (707( 544-0784 FAX (707) 544-OSb6
Also in Southern California
r
ITEM NO: 7k
MEETING DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN EASEMENT
TO PROVIDE ACCESS TO A PRIVATE PROPERTY ACROSS A CITY OWNED PARCEL
OF LAND
SUMMARY: In 1979 the City of Ukiah was granted a parcel (Parcel A) of land from a
property owner for what appears to have been a proposed City street. This street was
never constructed and the parcel of land (Parcel B) that was divided to create the street
section is now land locked with no legal access to the City right of way. This council action
is intended to provide that access back to the owners of Parcel B by granting an access
easement across the City owned Parcel A in favor of the current owner of Parcel B, Gary
and Jeanne Nevill.
BACKGROUND: In June of 2007 Staff was contacted by Mr. Nevill regarding a parcel of
land (Parcel A) owned by the City of Ukiah as shown on Attachment 1. Mr. Nevill is in the
process of selling his interest in his Parcel B, also shown on Attachment 1. The title
company was concerned with the fact that their title search revealed that Parcel B has no
legal access of ingress or egress. This concern is jeopardizing the sale of Parcel B.
Staff has researched the history of Parcel A and found that it was granted by a former
owner of Parcel B, yet the research did not resolve what the purpose of the grant of Parcel
A was. However by examining the area, it was discovered that the City of Ukiah also owns
another parcel, (Parcel C) also shown on Attachment 1, to the south of Parcel A. Parcel C
has the same width as Parcel A, (50 feet) and is in the same alignment with Parcel A and
was dedicated during the same period of time. It appears that the City intended to create a
City street in this area at one time. This street was never created and many of the
adjacent properties have easements across Parcel A for access. Parcel A is currently
encumbered by those easements. Providing the easement on Parcel A will not encumber
the parcel more than it is currently.
RECOMMENDED ACTION: Authorize the Ci
favor of the Nevills to provide access to the
Attachment 1.
nnanager to execute an easement in
~rcel B across Parcel A as shown on
ALTERNATIVE COUNCIL OPTIONS: Do not authorize the easement execution
Requested by: Tim Eriksen, City Engineer and Director of Public Works
Prepared by: Tim Eriksen, City Engineer and Director of Public Works
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Exhibit Map Showing Parcels
Approved:
Horsley, City
N
J i ~ IFeet
95 190 380
1 inch equals 100 feet
Attachment 1
l
ITEM NO: 71
MEETING DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: RESPONSE TO GRAND JURY REPORT ON THE UKIAH VALLEY
SANITATION DISTRICT TITLED "DOWN THE DRAIN."
SUMMARY: The Grand Jury issued the above report which requires a response from the
City of Ukiah. Staff has prepared the following response (Attachment 1) and will submit it
to the Grand Jury provided the Council concurs with the responses provided.
RECOMMENDED ACTION: Approve the response to Grand Jury Report on the
Ukiah Valley Sanitation District titled "Down the Drain" and direct staff to submit it
to the Grand Jury.
ALTERNATIVE COUNCIL OPTIONS: Revise the response and direct staff to submit it to
the Grand Jury.
Citizens Advised: n/a
Requested by: Grand Jury
Prepared by: Candace Horsley, City Manager
Coordinated with: Candace Horsley, City Manager
Attachments: 1 -City Response to Grand Jury Report - "Down the Drain - UVSD"
Approved:
Candace orsley, ' y Manager
Attachment 1
DOWN THE DRAIN--UVSD
Response by the City Of Ukiah
2007
Comments to `Background':
1. Statement: Because of the growth of the city over the years there were
areas within the city limits that are served by the district.
Comment: Some portions of the district are within the City boundaries,
because when those areas annexed to the City, they were not detached
from the district.
2. Statement: The UVSD owns the pipes and laterals which bring sewage from
homes outside the city limits to the processing plant which is owned by the City.
Comment: The UVSD owns the mains within the District boundaries,
including UVSD areas within the city limits, but not the laterals which are
owned by the property owner up to the main.
3. Statement: Major problems include rainwater infiltrating the system and
exfiltration of sewage leaking into the ground water.
Comment: Though infiltration has been identified as a problem, it has not
been established that exfiltration is a major problem nor is there evidence
that sewage is leaking from the sewer lines into ground water. The City is
currently undertaking a healthy waterways study which is intended to
determine if local waterways have been subject to sewage pollution.
Findinas•
1. UVSD is organized as a Special District.
Response: The City agrees.
2. The UVSD Board of Directors (BOD) are appointed annually by the presiding
officers of the Board of supervisors and the Ukiah City council. It consists of
two members of the BOS and a City member who are appointed annually.
Response: The City agrees.
3. The UVSD is represented in legal affairs by the City of Ukiah Attorney and
County Counsel.
Response: The City partially disagrees. The UVSD is represented by
County Counsel alone. The City Attorney represents the City and sometimes
makes presentations to the UVSD on behalf of the City, but does not
represent the UVSD.
4. Operation and management of all UVSD assets and operations are performed
by the City of Ukiah, including the new Project.
Response: The City agrees that the City owned Wastewater Treatment
Plant and mains, including those owned by the UVSD are operated and
managed by the City pursuant to a joint operating agreement and subject to
UVSD concurrence on expenditures from joint operating accounts.
5. There have been no UVSD external audits conducted
Response: The City partially disagrees. Separate audits were performed
through 1998 and the City's auditors continue to report the division of City
and UVSD revenue and expenses to the State Controller every year.
6. The UVSD has no independent staff. City employees provide all staffing
functions for the UVSD.
Response: The City partially agrees with this finding. The District has no
employees, but it contracts with Mendocino County for a number of staff
services, including the County CEO, County Counsel and County Auditor.
7. The Grand Jury heard testimony from several sources that city staff has not
presented vital information in a timely manner to the UVSD.
Response: Without specific examples, it is difficult to respond to this
statement. The UVSD Board annually reviews and approves the budget for
operation of the sewer system and has reviewed and approved of every
major capital improvement, including the WWTP Project. The City has
operated the combined City/District sewer system for over 50 years. During
that time, these combined operations have provided acost-effective and
efficient sewer system to residents of the City and the Ukiah Valley. When
the UVSD Board asks for additional information that they may not have
required before, it is provided by City staff.
8. The UVSD WWTP is faced with the necessity to process 21 million gallons of
wastewater in the winter months as compared to 3 million gallons in the
summer.
Response: The City partially disagrees. The City's WWTP receives a
weekly average of 6 to 8 mgd in the winter as compared to 2.5 mgd on the
average during the summer months. The peak flow after succeeding periods
of heavy rain was 21 mgd. The plant expansion is designed to process 24.5
mgd.
9. The 2005 Project includes $33 million for the upgrade, $24 million for new
construction, and $12 million for financing costs for a projected total cost of
$69.
Response: The City partially disagrees. The construction cost for repair
and upgrade of the plant is $38.4 million; the construction cost for additional
treatment capacity is $18.1 million; the cost for design engineering is $7
million; the cost for construction management is $4.6 million for a total of
$68.1 million. The revenue bond also includes $8 million for capital and
maintenance projects and a study of wastewater recycling. The cost of bond
issuance and underwriting was $928,000. A revenue bond of $75,060,000
was issued and capital reserves were used to finance the additional $2
million in project costs. The principal and interest payments for the schedule
debt service for the bonds are paid from sewer service revenues.
10. Sewer use is measured in ESSU's. These are based on the average
discharge of asingle-family residence.
Response: The City agrees. An Equivalent Sewer Service Unit (ESSU) is
defined as being a single unit of sewer discharge having characteristics of
flow, biochemical oxygen demand (BOD) and suspended solids (SS)
equivalent to that generated and discharged by a typical single family
residential unit with 210 gallons per day of flow, 175 milligrams/liter of BOD
and 175 mg/I of SS.
11.The Upgrading Project costs are shared between the City and UVSD on the
basis of the relative ESSU;s. The contractor is paid on the basis of the
percentage of completion of the upgrading work.
Response: The City partially agrees. The contractor is paid based on the
scheduled value assigned to the contract items.
12.The costs for the Capacity Project are shared on the basis of a 65%
UVSD/35% City ratio as established in the Project Agreement. The costs are
paid out on the basis of percent completion.
Response: The City agrees with this finding.
13.The 2005 contract for a new WWTP was planned to increase capacity by
2400 ESSU's, and to accommodate winter rainwater flow.
Response: The City agrees. Based on historic data and engineering
studies, plant loading capacity was projected to the year 2025. On this
basis, improvement to the WWTP were needed to increase process capacity
from the existing average dry weather flow of 2.37 mgd to 3.01 mgd and to
increase the hydraulic capacity from 20 mgd to 24.5 mgd or an additional
2400 ESSUs.
14. Funds for construction come from two sources: sewer fees and new
connections.
Response: The City partially disagrees. Funds for construction come from
revenue bonds issued to finance the project. The revenue from sewer
service fees and new connections will be used to pay off the bonds.
15.The contract provides for mutual UVSD and City financial obligation for the
30 years.
Response: The City agrees.
16. The cost of the Project is financed by the City of Ukiah, which will be repaid
by the City and UVSD ratepayers and new connections; sewer rates are
planned to continue to increase.
Response: The City agrees. In conjunction with issuance of the revenue
bonds, rate increases were adopted to be phased in over five years.
17. The City Public Utilities Director supervises wastewater sewer operations.
The City Public Works Director supervises streets, roads and is responsible
for the storm runoff system.
Response: The City agrees.
18. There is a WWTP on the old Masonite property
Response: The City understands that there are treatment ponds on the
Masonite site formerly used to treat the wastewater from wood treatment.
Recommendations:
The Grand Jury recommends that:
1. The UVSD be reorganized to include elected board members. Terms of
office should be staggered.
Response: The City has entered a succession of agreements with the
District over more than 50 years, in part, relying on having representation
on the District board. The County Sanitation district law was written to
provide this protection for a City that participates in provision of sewer
service outside its boundaries through a county sanitation district. Under
that law, a directly elected board was an option when the District was
formed, but was not established. The Grand Jury does not explain what
problem such a reorganization would solve. There are no findings related
to this recommendation and the report does not explain how that
reorganization would improve sewer service to the district residents, which
ought to be the primary concern. The City has operated the combined
City/District sewer system for over 50 years. During that time, these
combined operations have provided acost-effective and efficient sewer
system to residents of the City and the Ukiah Valley.
2. The UVSD consider hiring a general manager to represent its interests.
Response: The City has no comments about the District hiring a general
manager except to note that this will represent an additional expense to
the District, which should carefully consider the cost vs. the benefits of
following this recommendation.
3. The UVSD Board adopts policies and procedures that ensure they receive
information in a timely manner.
Response: The City agrees that this is the prerogative of the UVSD and
is prepared to provide information in a timely manner.
4. The UVSD ensure that external financial and performance audits are
performed.
Response: The City agrees that this is the prerogative of the UVSD and
will continue to provide information that is required or that may be
requested.
5. The county, UVSD, and the city coordinate their efforts to address
rainwater runoff.
Response: The City and UVSD are currently collaborating with a
consultant and an ad hoc committee to develop policies and programs to
address rainwater infiltration into the sewer system. Infiltration is a very
difficult and expensive problem to solve. In the past the City and UVSD
have chosen to expand the WWTP hydrologic capacity to handle this
problem, based on recommendations presented in an Engineering Project
Report prepared by Kennedy Engineers. While cost effective, this
approach does not solve the infiltration problem which, because of
changing regulatory requirements is now required.
6. All participating parties in the UVSD investigate if the Masonite
wastewater treatment plant is a viable resource.
Response: If a need for a second treatment plant in the vicinity of the
Masonite property arises, investigating the feasibility of using the plant
might be worthwhile.
ITEM NO: 10a
MEETING DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: APPOINTMENT OF CITY RESIDENT LANDOWNER TO THE AD HOC
COMMITTEE STUDYING INTEGRATION OF FIRE PROTECTION SERVICES.
At the regular City Council Meeting of July 18, 2007 the City Council approved the
formation of a joint ad hoc committee with the Ukiah Valley Fire District to study the
integration of fire protection services. As a part of the approval of the committee
formation, the Council approved the membership, which included a resident landowner of
the city. It was anticipated that interviews would be conducted at the August 15, 2007
Council meeting. A joint press release between the City of Ukiah Fire Department and the
Ukiah Valley Fire District was published extending the time to August 29.
Four applications have been received and ten-minute interviews are scheduled beginning
at 5:15 PM prior to the regular September 5 meeting.
RECOMMENDED ACTION: 1) Interview applicants, and 2) make an appointment to
the ad hoc committee to study integration of fire protection services.
ALTERNATIVE COUNCIL OPTIONS: N/A
Citizens Advised: n/a
Requested by: Ukiah City Council
Prepared by: Linda Brown
Coordinated with: Candace Horsley, City Manager, and Fire Chief Tony Clarabut
Attachments: 1. Applications (4)
Approved:
Candace Horsley, City anager
CITY OF UKIAH
DATE: ~ ~ \ --,. ~ \,
I am applying for an appointment to the Public Member position on the Ad Hoc Committee to
Study Integration of Fire~Pro1tec~ti`on Services. I am a resident and landowner of the City of Ukiah.
1. Name ~ ~~~ \V `-~ `~1~ ~ ~-}~--
2. Residence Street Address ~ ~ ~ VV ~~ ~ \ Res. Phone ~> V =~\ ~
3. Business Address Bus. Phone
4. Employer ~ Job title Employed since
5. How long have you resi ed in the City of Ukiah?~~~ ;Mendocino County?Calif.?~~
6. Please list community groups, organizations or committees you are, or have been, affiliated with, and
list any offices held.
Please answer the following questions on separate sheets of paper and attach.
7. Why are you applying to serve as the public member on this committee studying integration of fire
protection services? ~ ~ ~~~
8. What background or understanding do you have relative to providing public services? Fire services?
~c~~ ~ ~ ~~ ~.~ C S ~~c ~ ~ C,~
9. Regardless of any specific familiarity with the fire services, how o you believe that your own skills,
experience, expertise and perspectives will be beneficial to the work of this committee? ~~~~5 ~~)
10. Do you have any current or pre sous connection to either the Ukiah City Fire Department of the Ukiah
Valley Fire District? ~ ~ ~~~,-~/
11. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on
which you would be willing to serve?
Please return this application and attachments to the City Clerk by 5 P.M. on Mondav. August 29.
2007. Thank you for your interesten serving the City of Ukiac~h.
Signature '~ Date y ~~ -
City of Uki 300 Seminary Avenue, Uki , CA 95482-5400 Phone: 463-6217 Fax: 463-6204
Forms: Fire Integration Committee Application 2007
~..~~ ti s zoos D
City of Ukiah
DATE: c'i8(J-s~G~
I am applying for an appointment to the Public Member poskion on the Ad Hoc Committee to
Study Integration of Firo Prottlctlon Services. I am a rosident and landowner of the City of Uklsh.
t. !Name -~~ C7Anl~ /v1/~ !`~i) n1
2, Residence Street Address C2io/ .ficwlaA &~.~= O/~(„} G,,i Res. Phone la7 • ~fG~• r~~32.
3. Business Address 5 5.~ 7t/p~2fh ..~>rr-rc .li Bus. Phone 7a~. /~ro~- ~~ho 9
4. Employer 2.7s ~2~N~_ ~ti_4~~~Job title .Zn/s R ti7C~- Employed since /` d
20 -/L
5. How long have you resided in the City of Ukiah? al ;Mendocino County?34 Calif.?~rP~l
6. Please list community groups, organizations or committees you are, or have been, affiliated with, and
Ilst any offices held. I
FAST- .}uvc,~,cs .1US~ic f- !./Ja0~i1M/1n. -.~7 ~iS1-Rtc /' f?i-/~ 211ZA7L aM'.Cc~f 'fit.
~~~~~
Please answer the following questions on asparate sheets of paper and attach.
7. Why are you applying to serve as the public member on this committee studying integration of fire
protection services?
8. What background or understanding do you have relative to providing public services? Fire services?
9. Regardless of any specific familiarity with the fire services, how do you believe that your own skills,
experience, expertse and perspectives will be beneficial to the work of this committee?
10. De you have anyy current or previous connection to either the Ukiah City Fire Department of the Ukiah
Valley Fire District?
11. Are there any other City of Ukiah CommitteeslCommissions In which you are interested, and on
which you would be willing to serve?
Please return this application and attachments to the City Clerk by S P.M. on Monday, August 29.
2007. Tha»k you your interest in serving tht Ctty of Ukiah.
Signature ~`•~ Date ~S/apl~
City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Phone: 463.8217 Fax: 463-6204
Forms: Firo Integration Committee Application 2007
f . , ,~ ~III~~
~AU~ 2 9 2007 ~l.`~~
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DATE: ~ rI ~
1 am applying for an appointmerrt to the Public Member position on the Ad.Hoc CommittttA to
Study Integration of Fire Protection Services. t am a resident and landowner of the Clty of Ukiah.
''// .r-•
1. Name /!(/7~1~/ ~ ~Q.r'Kt° /`
2. Residence Street Address /~f~a'~/ ~, ~./~1 ,~/`. Res. Phone ~07'~62 /2G~
3. Busine~sAddn~s ~jy~ ~. o,,,,,,// J7!"E~Z Bus. Phone . 7~7 ~6~ ~/3
4. Employer ~Jr ~K' /irelob title r/ fem. Employed since ~~62
5. How bng have ycu resided in t e City~ah?~ ;eMendocino County?_.~7 Cai'if.?~L
6. Pley~~a7s~~e~~list comm/up7nity gJroups, organizati~o^n~s or c~oQmmnittees you are, or hav/e~/b}'e~en, affiliated with, and
I/Tl~~ d~CO ~ Zr__~4R±L_?~ ~!'i(~S f~+L/ h'!LL'i~Aitri U1X!!~. 07G~ ~~6les .
` ~~A'+-taT TJftaoe ~c ~%e~AS_ ~~tl~~(/, ~sitlt0 C'~~ ~hs~r~6G dP. /YaiCY. ~ ~~e4 g, ~rS n
Please answer the foi wing q~estlons on sapalM'aata sheets o paper and attach. ' ;Z,o,,, ,•
7. Why are you applying tp serve a~ the~ubiic ~mber c~thje Gomrnittee studying integration of fire/
plQtection s~ces? ~9~~MC ~.»a~n -+b 6~ /nuo/dNe~. Rtpne arm 5~ d'~e~-
'' rr~~cc0~ .L'4.n c~'QlJii~~gttaa (A. (/
8. What a rrppand or untie pdin~ o you have rela6ye to providing public services? Fire services?,
~f e~ OIJF,~e !¢~gos~ C~ocrr eege .Oy inu.G'iiole Aq~iCS .,(Wa~aecGnen~E ~eF
9. Regardless of any`specific farrfittari with the ffil, senifces, how 8o yod'believe that ydLr own skills,
experience, expertise a~ld rs ves ill fie beneficial to tj~e ~Jork of this committee? ~3s/es o
!+.lOkl~t?~'~02/`iYnCG `qb P S .tlu`~~p~(o ~oinnr0n QQr~(S ,(OC ~ 4qt° ~ %lyj7ptJ-t'bba+r~rc }~,
10. Do ou ha44e an current or revious con ection to eithe the Uk h C' Fi De rtment of the Ukia fly
Valley Fire Distriet7 p ~ ~~,,t[T '7x,4ivitJ e•~iExuiavs ~i»scn.~ igtg/d~e„~
11. Are th re any other C"qty of Ukiah Gtemrriifife~ gmini~~sJons in which you are interested, and on
which you would be willing to serve? .tiT' ,,r,~
Please return this application and attachments to th®City Clerk by 5 P.M. on-~swd~ Agoust 29.
2007. Thank you for your in serving the City of Ukiah.
Signature Date 9
City of Ukiah, 3 ary Avenue, Ukiah, CA 95482-5400 Pho :463-6217 Fax: 463.6204
Forms: Fire Integration Committee Applfcatlon 2007
C
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1. 1
f
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pUG 2 g 20D7 ~y.~
_ CITY ur "^~~~~t~°~ENT
TOTRL P.02
CITY OF UKIAH
DATE: ~/~f ~T
I am applying for an appointment to the Public Member position on the Ad Hoc Committee to
Study Integration of Fire Protection Services.
1. Name /r/[Q/~K /`f/~~~
2. Residence Address ~ <g Gi2oVE" ~u+~ Res. Phone 707- 4~GZ- ~1 G~ 3
3. Business Address _~5~f LGyy GfFp .~Or9~ Bus. Phone 707 - 'f(o3 ~ 5~3 iz
4. Employer _ eptes27z1 ot~ /~~d~/nQ Job title ~~Employed since 200
5. How long have you resided in the City of Ukiah? ~~; Mendocino County?,5- 7 Calif.? G D
6. Please list community groups, organizations or committees you are, or have been, affiliated with,
and list any offices held.
Please answer the following questions on separate sheets of paper and attach.
7. Why are you applying to serve as the public member on this committee studying integration of fire
protection services?
8. What background or understanding do you have relative to providing public services? Fire services?
9. Regardless of any specific familiarity with the fire services, how do you believe that your own skills,
experience, expertise and perspectives will be beneficial to the work of this committee?
10. Do you have any current or previous connection to either the Ukiah City Fire Department ofthe Ukiah
Valley Fire District?
11. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on
which you would be willing to serve?
Please return this application and attachments to the City Clerk by Noon on Mondav, August 6,
2007. Thank you for y/o~ur interest in serving the City of Ukiah.
Signature j~%tq/r,~ SQL.~~., it ,.. , Date 1~~02~0~
City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400 Phone: 463-6217 Fax: 463-6204
Forms: Fire Integration Committee Application 2007
7. I have a life long interest in the iJkiah Valley. I have lived in both the district and
the city. I recognize that government is most effective when it is keeping current
with the needs of the people it serves. That to investigate changes, which could
create more effectiveness, should be one of the most important functions of both
government and the citizens.
8. I have been a public servant my entire working life, currently working for the
County of Mendocino, as the Safety Officer, and have worked for over four
decades in the fire service with California Department of Forestry, and the ilkiah
Fire Department. During part of my time with the LTFD my assignment was the
Fire District.
9. I have an understanding of the history of the City, District relationship. I have
worked within the fabric of the union both local and International I have always
held the needs of the citizen as the primary objective of all government services.
My perspective is one of looking at many years of operation, the changes both
good and bad that have come about. I believe I bring both the perspective of the
citizen and the firefighter to the discussion.
10. I have experience with the City of iJkiah as a Firefighter, Engineer, Captain and
Acting Battalion Chief (Interim). I have worked with the Fire District on special
events and emergency calls. I worked for the District as a Firefighter when both
entities were connected by contract.
11. I am considering applying for the Recreation Commission, but have not made that
decision yet.
ITEM NO: lob
MEETING DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: INTRODUCE ORDINANCE AMENDING SECTIONS 1001 AND 1101 TO
MAKE ELIGIBLE A LIMITED NUMBER OF COUNTY RESIDENTS TO SERVE
ON THE CITY'S PARKS, RECREATION, AND GOLF COMMISSION AND THE
AIRPORT COMMISSION; ADOPT RESOLUTION AMENDING THE
MEMBERSHIP RULES ON THE PATHS OPEN SPACE, AND CREEKS
COMMISSION
SUMMARY: The City Code allows two of the seven members of the City's Parks, Recreation
and Golf Commission, and two of the five members of the Airport Commission to reside
anywhere within the City's sphere of influence. Resolution No. 2003-35 also allows two of the
five members of the Paths Open Space, and Creeks Commission to reside outside the City
but within the City's Sphere of Influence as established by LAFCO. The City Council
determined to expand that area to include all of Mendocino County. The ordinance attached
hereto as Attachment 1 amends Ukiah City Code Section 1001, establishing membership
rules for the Parks, Recreation and Golf Commission, and Section 1101, establishing
membership rules for the Airport Commission to incorporate these changes. In addition, the
resolution attached as Attachment 2 amends the resolution which establishes membership
rules for the Paths Open Space, and Creeks Commission to incorporate these changes.
The reference to "sphere of influence" in the two code sections and the resolution is changed
to "Mendocino County."
If it wants to adopt these changes, the City Council should introduce the ordinance, and
adopt the attached resolution.
RECOMMENDED ACTION: 1) Pass motion to introduce ordinance by title only, have City
Clerk read the ordinance title, pass motion to introduce the ordinance; 2) adopt resolution
amending the membership rules for the Paths, Open Space and Creeks Commission.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Requested by: City Council
Prepared by: David J. Rapport, City Attorney
Coordinated with: Candace Horsley, City Manager
Attachments: Attachment 1- Proposed Ordinance amending UCC Sections
1001 and 1101
Attachment 2 -Proposed Resolution Amending Resolution No.
2003-35 Establishing Paths, Open Space and Creeks
Commission
Approved:
Candace Horsley, City anager
Attachment 1
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING UKIAH CITY CODE SECTIONS 1001 AND 1101,
PERTAINING TO MEMBERSHIP OF THE PARKS, RECREATION,
AND GOLF COMMISSION AND THE AIRPORT COMMISSION
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Ukiah City Code Sections 1001 and 1101, being part of Division 1, Chapter 4, of
the Ukiah City Code, are hereby amended to read as follows.
1001: MEMBERSHIP; APPOINTMENT:
The Commission shall consist of seven (7) members as follows:
A. One member of the Ukiah Men's Golf Club.
B. One member of the Ukiah Women's Golf Club.
C. One member of either the Men's or Women's Golf Club.
D. Four (4) at large members, at least two (2) of whom shall reside within the City
limits, and two (2) of whom may reside outside the City limits but within the
Mendocino County.
All members of the Commission shall be appointed by the City Council.
1101: MEMBERS; APPOINTMENT; TERM OF OFFICE:
Said Commission shall consist of five (5) members. Except as provided herein,
three (3) of the members shall be residents of the City and two (2) may reside
outside the City but within Mendocino County. Members shall be appointed
according to procedures established by resolution of the City Council. The
members shall be appointed for a term of three (3) years which terms shall be
staggered.
SECTION TWO. EFFECTIVE DATE AND PUBLICATION.
This Ordinance shall be in full force and effect thirty days after it is adopted.
Within fifteen days after its adoption, this Ordinance shall be published once in
newspaper of general circulation in the City of Ukiah.
Introduced by title only on , 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2007 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mari Rodin, Mayor
ATTEST:
Linda Brown, Acting City Clerk
2
ATTACHMENT_;~
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH AMENDING RESOLUTION NO. 2003-35
ESTABLISHING THE PATHS, OPEN SPACE, AND CREEKS
COMMISSION
WHEREAS,
1. The City Council of the City of Ukiah wishes to insure the successful implementation of
the Open Space, Transportation, and Conservation elements of its General Plan; and
2. In response to community input the City Council has expressed interest in seeking and
securing properties for the preservation of open space, and development of trails and pathways;
and
3. The City Council has also expressed interest in restoring, rehabilitating and enhancing
the City's creeks; and,
4. In order to ensure the successful implementation of these goals and objectives the City
Council adopted Ordinance No. 1045 on April 2, 2003 creating the Paths, Open Space, and
Creeks Commission; and,
5. In order to implement Ordinance No. 1045, it is necessary to adopt of policies and
procedures for appointing members and establishing terms of service; and
6. The City Council has determined to amend Resolution No. 2003-35, originally
establishing the POSC Commission to expand eligibility to serve on the Commission:
NOW THEREFORE BE IT RESOLVED, that the city Council of the city of Ukiah determines:
1. The Paths, Open Space, and Creeks Commission shall consist of five members.
2. The members of the Paths, Open Space, and Creeks Commission shall be
appointed as follows:
Except as provided herein, three (3) of the members shall be residents of the City
and two (2) may reside outside the City but within the Mendocino County.
Members shall be appointed according to procedures established by resolution of
the City Council. Members shall be appointed for a term of three (3) years which
terms shall be staggered.
PASSED AND ADOPTED on the September 5, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
Mari Rodin, Mayor
ATTEST:
Linda Brown, Acting City Clerk
ITEM N0: ion
DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUB]ECT: ADOPTION OF ORDINANCE REZONING ASSESSOR PARCEL NUMBER 002-135-04
AND ESTABLISHING A RESIDENTIAL PLANNED DEVELOPMENT
SUMMARY: On August 15`h of this year, the City Council unanimously introduced an Ordinance
rezoning a .63-acre project site from R-2 (Medium Density Residential) to R-2 PD (Medium Density
Residential-Planned Development Combining) and established a Precise Development Plan for asingle-
family residential housing complex on the site. This housing plan, which is referred to as the Myron
Street Planned Development, consists of asingle-family lot with standard lot area and dimensions and
three lots with non-standard lot sizes, lot widths, and setbacks that will allow the development of two-
story single-family homes.
The Ordinance has been prepared in final form and is ready for adoption.
RECOMMENDED ACTION:
1. Adopt the Ordinance rezoning Assessor Parcel No. 002-135-04 from R-2 (Medium
Density Residential) to R-2 PD (Medium Density Residential-Planned Development) and
establishing the Myron Street Precise Planned Development.
Citizen Advised: No public notice required.
Requested by: Estok Menton, Owner
Prepared by: Dave Lohse, Associate Planner II
Coordinated with: Candace Horsley, City Manager
Attachments: 1 -Ordinance & Ordinance Exhibits
APPROVED:
Candace Horsley, City Mana r
ATTACHMENT 1
Page 1-1
ORDINANCE NO.
AN ORDINANCE 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 .60-acre property at 617 Myron
Street (APN 002-135-04) from R-2 (Medium Density Residential) to R-2 PD (Medium Density Residential-
Planned Development Combining).
SECTION TWO
This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary
to establish a planned development area on the site with standards that will allow the division of the site
into 4 lots with flexible lot sizes, lot widths, and yard areas, and the subsequent development of the site
with a precise development plan with single-family homes, as shown on Exhibits 1 and 2 of this
ordinance and subject to the Findings and Conditions of Approval shown on Exhibit 3 of this ordinance.
SECTION THREE
This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective
upon the completion of the land division proposed in MS 07-15.
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 August 15, 2007 by the following roll call vote:
AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin
NOES:
ABSENT:
ABSTAIN:
Passed and adopted on , 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mari Rodin, Mayor
ATTACHMENTI
Page i-2
ATTEST:
Linda Brown Deputy City Clerk
EXHEBI7" 1
Proposed Zane Map Changea far
MYRON STREET PLANNED DEl/ELOPMENT
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EXHIBIT 3
Page 3-1
MYRON STREET PLANNED DEVELOPMENT
Zone Change and Precise Development Plan
FINDINGS
The rezone of the subject property from R-2 to R-2 PD and the development of single-family houses in the
proposed development area are consistent with the purpose and intent of the MDR land use classification
and the R-2 Zoning District to provide a variety of higher density residential developments, and with the intent
of the PD Combining Zone, which provides greater flexibility and design opportunities for such projects;
2. There is sufficient variety, creativity, and articulation in the architecture of the proposed houses to avoid
monotony or any box-like external appearance and the buildings and surrounding grounds will generally be
consistent with, or more attractive than, the design and scale of similar developments in the surrounding
neighborhood;
3. The location, size, and intensity of the proposed single-family houses will not create hazardous or
inconvenient impacts to existing vehicular traffic patterns since its development will not cause substantial
traffic volume increases or alter existing traffic patterns in a substantial manner;
4. The inclusion of accessible off-street parking areas on each proposed lot will provide sufficient on-site parking
to limit the potential for hazardous or inconvenient conditions to adjacent surrounding uses, particularly since
all parking stalls will be accessible via a common driveway that will be jointly owned and maintained with
access to the Myron Street corridor;
The location, size, and intensity of the project will not create hazardous or inconvenient impacts to pedestrian
traffic since its development plan includes swell-defined, ADA-compliant public sidewalk abutting along the
eastern side of the subject property, with adequate room for pedestrians on the proposed access roadway
between the proposed residences and the Myron Street corridor;
6. Sufficient landscaped areas and open spaces have been reserved for purposes of separating or screening
the proposed houses from each other and from adjoining properties;
7. The proposed single-family houses will not cut out light or air on the property since the buildings would be
constructed along the perimeter areas of the property and would be set back far enough from abutting
properties to limit adverse shading patterns on those lots;
8. The proposed single-family houses will not cause excessive damage to or destruction of natural features on
the site since there are few substantial resources present and the landscape plan will include the retention of
existing mature trees;
9. The development of this property with the proposed single-family houses will not have a substantial
detrimental impact on the character or value of an adjacent residential zoning district since the proposed
planned development project is a substantial improvement to existing conditions and will utilize attractive
building and site designs that are compatible with surrounding development;
10. The proposed single-family houses will generally be compatible with surrounding land uses and will not be
detrimental to the public's health, safety, and general welfare since the project entails a lower development
density than permitted in the existing zoning, is self-contained and semi-secluded from the surrounding
neighborhood, and will be developed in a manner that is consistent with the surrounding medium to high
density and commercial lands that surround it.
11. The development of the proposed single-family houses is exempt from the provisions of the California
Environmental Quality Act, in accordance with Categorical Exemption Section 15332, Class 32, since it is an
infill project located within an area of the city that is served by existing utilities and facilities and is consistent
with applicable General Plan and zoning requirements.
EXHIBIT 3
Page 3-2
MYRON STREET PLANNED DEVELOPMENT
Zone Change and Precise Development Plan
CONDITIONS OF APPROVAL
No building permits shall be issued for any of the structures shown on the Precise Development Plan for
the Planned Development until the Parcel Map has been approved and signed by the City Engineer.
2. All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned
Development approved by the City Council, and to any supporting documents submitted therewith,
including maps, sketches, renderings, building elevations, landscape plans, and alike.
3. Any construction shall comply with the "Standard Specifications" for such type of construction now existing
or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where
higher standards are imposed by law, rule, or regulation or by action of the City Council.
4. In addition to any particular condition, which might be imposed, any construction shall comply with all
building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the
time the Building Permit is approved and issued.
5. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or
ordinance, be it required by Local, State, or Federal agency.
6. The Building Permits for the proposed dwelling units permitted by the Precise Development Plan for the
Planned Development shall be issued within two years after the effective date of the Final Subdivision
Map (SUB No. 07-15) approval by the City Council, or they shall be subject to the City's permit revocation
process and procedures. In the event the Building Permits cannot be issued within the stipulated period
from the project approval date, a one year extension may be granted by the Director of Planning if no new
circumstances affect the project which otherwise would render the original approval inappropriate or
illegal. It is the applicant's responsibility in such cases to propose the one-year extension to the Planning
Department prior to the two-year expiration date.
The approved Precise Development Plan for the Planned Development may be revoked through the City's
revocation process if the approved project related to the development plan is not being conducted in
compliance with the stipulations and conditions of approval; or if the project is not established within two
years of the effective date of approval; or if the established land use for which the permit was granted has
ceased or has been suspended for twenty four (24) consecutive months.
Except as otherwise specifically noted, the Precise Development Plan for the Planned Development shall
be granted only for the specific purposes stated in the action approving the development plan and shall
not be construed as eliminating or modifying any building, use, or zone requirements except as to such
specific purposes.
9. All activities involving site preparation, excavation, filling, grading, road construction, and building
construction shall be subject to the following measures:
a. A practice of routinely watering exposed soil to control dust, particularly during windy days.
b. A program of washing off trucks leaving the construction site to control the transport of mud and dust
onto public streets.
c. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust.
d. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts)
exceed 25 miles per hour.
EXHIBIT 3
Page 3-3
10. If, during site preparation or construction activities, any historic or prehistoric cultural resources are
unearthed and discovered, all work shall immediately be halted, and City Planning Department staff shall
be notified immediately of the discovery. The applicant shall be required to fund the hiring of a qualified
professional archaeologist to perform a field reconnaissance and, if deemed necessary, to develop a
precise mitigation program prior to the continuation of any site work.
11. The existing residential building proposed for retention on the Remainder Lot shall not be demolished or
removed from the site without a demolition permit approved by the City Council in accordance with the
demolition permit standards in effect at the time. Additionally, all exterior modifications of the building,
including remodels and building additions, shall be prohibited unless the Director of Planning and
Community Development determines the modifications are consistent with the architectural features of the
existing structure.
12. A Final Grading and Drainage Plan shall be reviewed and approved by the City Engineer prior to the
issuance of a building permit for any new construction. This plan shall include, but not be limited to, the
following:
a) The extent of grading and other modification to on-site soils and drainage patterns, including the
methods and systems required to divert surface runoff from paved areas;
b) The extent of soil coverage, storm drainage improvements and erosion control methods required for
the construction of building pads, driveways, sidewalks, and parking lots; and
c) The methods and hydrological calculations for any on-site water retention devices, including the
establishment of hydro-modification or other natural retention measures along the northeast corner of
the lot or along the common property line between proposed Parcel 1 and Parcels 2-4.
13. A Final Landscaping Plan shall be submitted by the project applicant and approved by the Director of
Planning prior to the issuance of building permits for any site activities that would remove existing
vegetation or the building of any structures on the site. This plan shall include, but not be limited to, the
following:
a) A planting legend that includes the names, location, coverage area, and canopy cover of all trees and
shrubs proposed for the site, The retention of all mature trees shown on site exhibits;
b) The placement of additional vegetation for screening and shading of buildings, as deemed appropriate
by the Director of Planning and Community Development, in all common areas and between such
areas prior to the final occupancy of any structures by Planning Department staff;
c) A planting schedule for all vegetation installed on the site; and
d) A maintenance schedule for existing or proposed vegetation, including a watering schedule and
irrigation system design.
14. Sewer, water, and electric service shall conform to the specifications of the City Department of Public
Utility.
15. All curb, gutter, sidewalk, and street paving along Myron Street which are broken or damaged or
driveways which will not be used shall be removed and replaced as required by the City Engineer.
16. Street improvements, including curb, gutter, sidewalk, ADA-compliant ramps, and street trees shall be as
per the City Engineer's recommendations.
17. All work within the City right-of-way shall be performed by a properly licensed Contractor with a current
City of Ukiah Business License. Contractor must submit copies of proper insurance coverage (Public
Liability, $1,000,000; Property Damage, $1,000,000) and current Workman's Compensation Certificate.
EXHIBIT 3
Page 3-4
18. An Encroachment Permit shall be obtained from the City by a licensed contractor prior to doing any
construction within the public street easements. Encroachment permit fee shall be $45 dollars plus three
percent (3%) of estimated construction costs. Contractor(s) shall have a current City of Ukiah Business
License who shall submit copies of proper insurance coverage (Public Liability: $1,000,000; Property
Damage: $1,000,000) and current Workman's Compensation Certificate.
19. All on-site paving shall be a minimum of 2" asphalt concrete with a 6" aggregate base, or an alternative
option approved by the City Engineer.
20. The owner of the property shall execute any or all of the following agreements that are required pursuant
to Section 9251 of the Ukiah Municipal Code, and as determined appropriate by the City Engineer: an
easement agreement, a hold harmless agreement and a private property agreement.
21. A recycling program that provides the opportunity for all residents of the dwelling units to recycle shall be
implemented by the applicants prior to the occupancy of any of the units and shall remain in effect so long
as the units are occupied. This program shall be reviewed and approved by the Director of Planning or
his/her designee prior to its implementation to ensure it provides an efficient method for recycling and is
consistent with the requirements of the Municipal Code.
22. Any outdoor refuse/recycle containers shall be aesthetically screened from view. Garbage shall not be
visible outside the enclosure.
23. Hours of construction shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday
24. All conditions of approval shall be listed on the title page of any plans submitted for development activities
on the site and it shall be the responsibility of the applicantdeveloper to ensure that all contractors
responsible for any work on the project fully understand these conditions and comply fully with their
implementation. Any deviation from the terms of these conditions or the plans/exhibits approved as part
of the project shall be submitted to the Director of the Planning and Community Development for review
and shall be approved prior to any work affected by the modification.
25. All conditions that do not contain a specific date or time period for completion shall be completed prior to
the issuance of a Certificate of Occupancy.
26. Requests for the final inspections required for the approval of an Occupancy Permit for the dwelling units
shall be submitted by the applicantdeveloper or his/her contractor to the Department of Planning and
Community Development's Building Division no later than one week prior to the time requested for
inspections. The applicanUdeveloper or his/her contractor is encouraged to contact staff at any time to
discuss the timing for the completion of required wnditions or any other matter that could cause delays in
obtaining an Occupancy Permit.
v
ITEM NO: lla
MEETING DATE: September 05, 2007
AGENDA SUMMARY REPORT
SUBJECT: REQUEST FOR CITY COUNCIL TO APPOINT ONE CITY COUNCIL MEMBER
TO SERVE ON THE GRIEVANCE COMMITTEE TO HEAR APPEALS OF TOBACCO
RETAILER LICENSE FINES, SUSPENSION OR REVOCATION
Ordinance No. 1072 adopted by the City Council of the City of Ukiah on November 02, 2005
added a new Article 7, Entitled "Tobacco Retailers" to Division 1, Article 2 of the Ukiah City
code. Section 2351 established the requirement that all Tobacco Retailers within the city
limits would be required to have a Tobacco Retailer's License. Section 2357 (b) License
Compliance Monitoring anticipated that compliance checks of each Tobacco Retailer would
be conducted at least two times during each twelve month period by the Mendocino County
Public Health Department. Tobacco Retailers who were determined to have sold tobacco
products to a "youth decoy' are subject to penalties including suspension, termination or
revocation of their license with the severity of the penalty depending on the number of
violations within athirty-six month period.
City of Ukiah Municipal Code Section 2360 GRIEVANCE COMMITTEE APPEALS (a)
APPEAL OF FINE, SUSPENSION OF REVOCATION provides that a decision of the
Department to impose a fine or to revoke or suspend a tobacco retailer's license may be
appealed to the Grievance Committee.
A Tobacco Retailer has requested a Grievance Committee hearing upon receipt of a letter
from the City of Ukiah notifying him that the Mendocino County Department of Public Health
found that the business sold tobacco to a youth under the age of eighteen during an
underage tobacco buying survey.
Pursuant to the City of Ukiah Municipal Code Section 2350 DEFINITIONS (c) "Grievance
Committee' means a Committee of two (2) persons, one City Council member, selected by
the City Council, and one City Employee selected by the City Manager. No member of the
Committee shall have participated in a decision appealed to the Committee.
RECOMMENDED ACTION: Appoint a member of the City Council to serve on Grievance
Committee to hear appeals from tobacco retailers of any fine, suspension or revocation
of their Tobacco Retailer's License.
ALTERNATIVE COUNCIL OPTIONS: N/A
Requested by: Leigh C. Halvorsen, Accounting Operations Manager
Prepared by: Leigh C. Halvorsen, Accounting Operations Manager
Coordinated with: Candace Horsley, City Manager
Approved: ~ ~~
Candace Horsley, Cit ~ Manager
ATTACHMENT~~
ORDINANCE NO. 1072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UKIAH ADDING A NEW ARTICLE 7, ENTITLED
"TOBACCO RETAILERS" TO DIVISION 1, ARTICLE 2 OF
THE UKIAH CITY CODE
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. FINDINGS AND DECLARATION OF INTENT:
The City Council of the City of Ukiah hereby finds and declares as follows:
1. Penal Code Section 308 prohibits the sale or furnishing of cigarettes, tobacco
products and smoking paraphernalia to minors, as well as the purchase, receipt, or
possession of tobacco products by minors.
2. Business & Professions Code Sections 22952 and 22956 require that tobacco
retailers check the identification of tobacco purchasers who reasonably appear to be
under 18 years of age and provide procedures for using persons under 18 years of age
to conduct onsite compliance checks of tobacco retailers.
3. Business & Professions Code Section 22952 and Penal Code Section 308
require that tobacco retailers post a conspicuous notice at each point of sale stating that
selling tobacco products to anyone under 18 years of age is illegal.
4. Business & Professions Code Section 22962 prohibits the sale or display of
cigarettes through aself-service display and prohibits public access to cigarettes
without the assistance of a clerk.
5. Penal Code Section 308.1 prohibits the sale of "bidis" (hand-rolled filterless
cigarettes imported primarily from India and Southeast Asian countries) except in adult-
only establishments.
6. Penal Code Section 308.3 prohibits the manufacture, distribution, or sale of
cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or
sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of
tobacco.
7. Education Code Section 48901 (a) prohibits public school students from smoking
or using tobacco products white on campus,. while attending school-sponsored activities,
or while under the supervision or control of school district employees.
B. Despite these restrictions, minors continue to obtain cigarettes and other tobacco
products at alarming rates.
ORDINANCE NO. 1072
1
9. A survey in 2004 of the ability of minors to buy tobacco products in the City of
Ukiah showed that 41 % of City retailers unlawfully sold tobacco products to minors.
10. 88% of adults who have ever smoked tried their first cigarette by the age of 18
and the average age at which smokers try their first cigarette is 14Y2.
11. The City of Ukiah has a substantial interest in promoting compliance with
federal, state, and local laws intended to regulate tobacco sales and use; in
discouraging the illegal purchase of tobacco products by minors; in promoting
compliance with laws prohibiting sales of cigarettes and tobacco products to minors;
and in protecting children from being lured into illegal activity through the misconduct of
adults.
12. The California courts in such cases as Cohen v. Board of Supervisors, 40 Cal.
3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383
(1993), have affirmed the power of the cities and counties to regulate business activity
in order to discourage violations of law.
13. A requirement for a tobacco retailer license will not unduly burden .legitimate
business activities of retailers who sell or distribute cigarettes or other tobacco products
to adults. It will, however, allow the City of Ukiah to regulate the operation of lawful
businesses to discourage violations of federa{, state, and focal tobacco-related laws.
14. It is the intent of the City Council of the City of Ukiah, in enacting this ordinance,
to monitor progress in preventing minors from purchasing tobacco products, to
encourage responsible tobacco retailing and to discourage violations of tobacco-related
laws, especially those which prohibit or discourage the sale or distribution of tobacco
products to minors, but not to expand or reduce the degree to which the acts regulated
by federal or state law are criminally proscribed or to alter the penalties imposed for the
violation of such laws.
SECTION TWO. Anew Article 7, entitled "Tobacco Retailers" is hereby added to Article
2, Division 1 of the Ukiah City Code to read as follows.
ARTICLE 2
SPECIAL BUSINESS REGUALTIONS
ARTICLE 7. TOBACCO RETAILERS
§2350: Definitions
§2351: License Requirements
§2352: Application Procedure
§2353: Issuance. of License
§2354: Display of License
§2355: License Fee
ORDINANCE NO. 1072
2
§2356: License Not Transferable
§2357: License Violation
§2358: Suspension, Termination or Revocation
§2359: Administrative Fine
§2360: Grievance Committee hearing
§2361: Enforcement
§2350: DEFINITIONS: The following words and phrases, whenever used in this
Article, shalt have the meaning provided in this section unless the context
clearly requires otherwise:
(a) "Appellant" means a Person who appeals a Department decision to the
Grievance Committee.
(b) "Department" means the City Manager and/or the duly authorized
designee of the City Manager.
(c) °Grievance Committee" means a Committee of two (2) persons, one City
Council member, selected by the City Council, and one City employee selected by the
City Manager. No member of the Committee shall have participated in a decision
appealed to the Committee.
(d) "Person" shall mean any natural person, firm, partnership, trust, estate,
association, corporation, or organization of any kind. Where a principal acts through an
agent, the word "person" shall include both such principal and agent.
(e) "Tobacco Product" means any substance containing tobacco leaf,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco.
(f) "Tobacco Retailer" means any Person who sells, offers for sale, or does or
offers to exchange for any form of consideration, tobacco or Tobacco Products.
"Tobacco Retailing" shall mean the doing of any of these things. This definition is
without regard to the quantity of tobacco or Tobacco Products sold, offered for sale,
exchanged, or offered for exchange.
§2351: REQUIREMENT FOR TOBACCO RETAILER LICENSE:
(a) It shall be unlawful for any Person to act as a Tobacco Retailer without
first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Article
for each location at which that activity is to occur. No license may issue to authorize
Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by
Persons on foot and Tobacco Retailing from vehicles are prohibited.
(b) The term of a license is one year from January 1St through December 31St
unless earlier suspended, terminated or revoked pursuant to Section 2358. Each
ORDINANCE NO. 1072
3
Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license. no
later than thirty (30) days prior to its expiration.
(c) Nothing in this Article shall be construed to grant any Person obtaining
and maintaining a Tobacco Retailer's license any status or right other than the right to
act as a Tobacco Retailer at the location in the City of Ukiah identified on the face of the
license. For example, nothing in this Article shall be construed to render inapplicable,
supersede, or apply in lieu of any other provision of applicable law, including, without
limitation, any condition or limitation on smoking in enclosed places of employment
made applicable to business establishments by Labor Code §6404.5.
§2353: APPLICATION PROCEDURE: Application for a Tobacco Retailer's
license shall be submitted in the name of each Person proposing to
conduct retail tobacco sales and shall be signed by each Person or an authorized agent
thereof. It is the responsibility of each Person to be informed of the laws affecting the
issuance of a Tobacco Retailer's license. A license that is issued in error or on the
basis of false or misleading information supplied by a Person may be revoked pursuant
to Section 2358. All applications shall be submitted on a form supplied by the
Department and shall contain the foAowing information:
1. The name, address, and telephone number of each Person
2. The business name, address, and telephone number of each location for
which a Tobacco Retailer's License is sought.
3. The name and mailing address authorized by each Person to receive all
license-related communications and notices (the "Authorized Address"). If an
Authorized Address is not supplied, each Person shall be understood to
consent to the provision of notice at the business address specified pursuant
to subparagraph 2 above.
4. Whether or not any Person has previously been issued a license pursuant
to this Article that is, or was at any time, suspended or revoked and, if so, the
dates of the suspension period or the date of revocation.
5. Such other information as the Department deems necessary for the
administration or enforcement of this Article.
§2353: ISSUANCE OF LICENSE: Upon the receipt of an application for a
Tobacco Retailer's license and the license fee, the Department shall
issue a license, unless:
(a) the application is incomplete or inaccurate; or
ORDINANCE NO. 1072
4
(b) the application seeks authorization for Tobacco Retailing by a Person for
which or whom a suspension is in effect pursuant to Section 2358, or by a Person which
or who has had a license revoked pursuant to Section 2358.
§2354: DISPLAY OF LICENSE: Each license shall be prominently displayed
in a publicly visible location at the licensed premises.
§2355: LICENSE FEE: The fee to issue or to renew a Tobacco
RetaiVer's license shall be established by resolution of City Council.
§2356: LICENSES NOT TRANSFERABLE: A Tobacco Retailer's license is
not transferable. If the information required in the license application
pursuant to 2353, items 1, 2, or 3 changes, the Tobacco Retailer must notify the
Department within 14 days, and update all information on the license application form in
order to continue to act as a Tobacco Retailer. For example, if a Tobacco Retailer to
whom a license has been issued changes business location, that Tobacco Retailer must
supply updated license information within 14 days of acting as a Tobacco Retailer at the
new location. If a business is sold, the new owner must apply for a license for that
location before acting as a Tobacco Retailer. The current licensee shall notify the
Department of the sale of the Tobacco Retailing business.
§2357: LICENSE VIOLATION:
(a) VIOLATION OFTOBACCO-RELATED LAWS. It sha11 be a violation of
a Tobacco Retailer's license for a Person or his or her agent or employee to violate any
local, state, or federal tobacco-related law.
(b) LICENSE COMPLIANCE MONITORING. The City of Ukiah
anticipates that compliance checks of each Tobacco Retailer will be conducted at least
two times during each twelve-month period by the Mendocino County Public Health
Department. The City shall not enforce any tobacco-related minimum-age law against a
person who otherwise would be in violation of such law because of the person's age
(hereinafter "youth decoy") if the violation occurs when:
1. the youth decoy is participating in a compliance check supervised by a law
enforcement official, a code enforcement official, or any peace officer; or
2. the youth decoy is participating in a compliance check funded or
supervised in part by the County of Mendocino or, funded or supervised, in
any part by the California Department of Health Services.
§2358: SUSPENSION, TERMINATION OR REVOCATION OF LICENSE:
(a) SUSPENSION, TERMINATION OR REVOCATION OF LICENSE
FOR VIOLATION. In addition to any other penalty authorized by law, a Tobacco
Retailer's license may be suspended or revoked, if the Department determines that the
ORDINANCE NO. 1072
5
Person or his or her agents or employees have violated the requirements of this Article
or other conditions of the license imposed pursuant to Section 2357. A Person who
loses his license for one location does not lose it for all locations, if those locations are
in compliance with this Article, and may renew licenses for other conforming locations.
A Person cannot obtain a new license for a new location so long as there is a
suspension in effect for any location.
(1) NOTICE REQUIRED. The licensee shall be served with written
notice of all determinations or decisions under this Section affecting his or her
license. Notice shall be served by personal service, overnight courier, certified
mail return receipt requested, or U.S. Mail with First Class postage affixed.
The notice shall be sent to the Authorized Address. All notices shall be
deemed served, when received, except for notices sent by first class mail
which shall be deemed served two days after deposit in the U.S. Mail if
addressed to a location within Mendocino County and five days if addressed
to a location outside Mendocino County. The notice shall describe the legal
and factual basis for the decision. A decision imposing a fine shall specify the
amount of the fine. A decision to suspend or revoke a license shall specify
the beginning and ending dates of the suspension or the effective date of the
revocation. No decision shall become effective in less than 10 days from the
date of service.
(2) DURATION OF SUSPENSIONS.
i. Upon a finding by the Department of a first license violation within
any thirty-six (36) month period, the license shall be suspended for
fourteen (14) days. However, prior to imposing the suspension, the
Department shall by letter (an "Advice Letter") advise the Person that if
Person trains all sales employees at the location of the sale in the laws
pertaining to the sale of tobacco products to minors and techniques to
ensure future compliance with said laws, the suspension will not go into
effect. Within 30 days of the issuance of the Advice Letter, the Person
must file with the Department an affidavit signed by the Person and the
sales employees that said training has been completed. If the Person fails
to timely submit the affidavit, the Department shall notify the Person that
the permit is suspended for 14 days.
ii. Upon a finding by the Department of a second license violation
within any thirty-six (36) month period, the license shall be suspehded for
twenty-one (21) days.
iii. Upon a finding by the Department of a third license violation
within any thirty-six month (36) period, the license shall be suspended for
thirty (30) days.
ORDINANCE NO. 1072
6
iv. Upon a finding by the Department of a fourth license violation
within any thirty-six (36) month period, the license shall be revoked and
the Person or Persons who had been issued the license shall not be
issued a Tobacco Retailer's license pursuant to this Article for a period of
three (3) years from the date of revocation.
(b) FAILURE TO PAY RENEWAL FEES. ATobacco Retailer's license
which is not timely renewed pursuant to Section 2352(b) is an expired license. The
Tobacco Retailer shall not engage in Tobacco Retailing at the licensed location until a
new license has been issued for that location.
(c) REVOCATION OF LICENSE ISSUED IN ERROR. ATobacco
Retailer's license shall be revoked if the Department determines that one or more of the
bases for denial of a license under Section 2353 existed at the time application was
made or at anytime before the license issued. The revocation shall be without prejudice
to the filing of a new application for a license.
(d) LICENSE SUSPENSION REQUIRES THE REMOVAL OF ALL
TOBACCO PRODUCTS FROM PUBLIC VIEW. ATobacco Retailer whose license is
suspended must remove from public view all Tobacco Products and tobacco advertising
for the duration of the suspension. Failure to remove such items from view will be
regarded as a violation of this ordinance equivalent to that of selling to minors.
(e) REVOCATION OF LICENSE OBTAINED UNDER FALSE
PRETENSES. Tobacco Retailers whose license is obtained under false pretenses shall
have that license revoked. A licensee whose license is revoked pursuant to this
subsection may not apply for a new license for a period of one year from the date the
license is revoked.
§2359: ADMINISTRATIVE FINE.
(a) GROUNDS FOR FINE. If the Department determines that any
unlicensed person, including a person named on a revoked or suspended license, has
engaged in Tobacco Retailing in violation of this Article, the Department shall tine that
Person as follows:
1. a fine not exceeding one hundred dollars ($100) for a first violation
in any thirty-six (36) month period; or
2. a fine not exceeding two hundred dollars ($200) for a second
violation in any thirty-six (36) month period; or
3. a fine not exceeding five hundred dollars ($500) for a third or
subsequent violation in any thirty-six (36) month period.
Each day that such a Person engages in Tobacco Retailing shall constitute a
ORDINANCE NO. 1072
7
separate violation.
(b) IMPOSITION OF FINE. If no request for a hearing is timely received in
accordance with Section 2360, the Department's determination on the violation and the
imposition of a fine shall be final and payment shall be made within thirty (30) days after
notice of the fine was served in accordance with Subsection 2358(a)(1). If the fine is
not paid within that time, the fine may be collected, alorig with interest at the legal rate,
in any manner provided by law. In the event that a judicial action is necessary to
compel payment of the fine and accumulated interest, the Person or Persons subject to
the fine shall also be liable for the costs of the suit and attorney's fees incurred by the
City in collecting the fine.
§2360: GRIEVANCE COMMITTEE APPEALS:
(a) APPEAL OF FINE, SUSPENSION OR REVOCATION. A decision of the
Department to impose a fine or to revoke or suspend a license may be appealed to the
Grievance Committee. The Appellant must file a written notice of appeal with the
Department within ten (10) days after service of the notice of the decision. Failure to file
a timely notice of appeal waives any right to further challenge the Department's
decision. "File" means delivered to the City Manager's office in the Ukiah Civic Center at
300 Seminary Ave., Ukiah, CA. The filing of a notice of appeal automatically stays the
Department's decision, until the Grievance Committee has served its final decision on
the appeal. The Committee may reverse, modify or uphold the Department's decision.
(b) NOTICE OF HEARING. If a notice of appeal is timely filed, the
Department shall provide written notice to the Appellant of the date, time, and place of
the hearing in the manner specified in Subsection 2358(a)(1). A hearing may not be
conducted less than twenty (20) days after notice is given to the Appellant.
(c) HEARING. The Grievance Committee may adopt rules governing the
conduct of its hearings. Those rules shall include, at least, the following:
1. The Department shall submit evidence at the hearing substantiating its
decision. Such evidence may include testimony, police or other reports of the incident,
witness statements and other documents. Not less than 10 days prior to the scheduled
hearing, the Department must notify the Appellant of the name, address and phone
number of any witness to the violation, and furnish Appellant with a copy of any
document it intends to submit at the hearing. Not less than seven (7) days prior to the
hearing, the Appellant may request the Department to produce at the hearing any
witness the Department intends to rely upon to substantiate the violation. The written
request must name the witness or witnesses who are requested to attend the hearing.
The Department may not rely on the testimony of any witness (including such testimony
contained in reports or written witness statements) whose appearance at the hearing is
required by this subsection, if that witness fails to appear.
ORDINANCE NO. 1072
8
2. Not less than 10 days prior to the hearing, the Appellant must notify the
Department in writing of the name, address and phone number of any witness the
Appellant intends to call as a witness at the hearing, provide a brief description of the
proposed testimony, and furnish the Department with a copy of any document the
Appellant intends to offer as evidence at the hearing. The Appellant may not call any
witness to testify at the hearing who was not identified as required by this subsection or
offer any document as evidence at the hearing that was not provided to the Department
as required by this subsection..
3. At the hearing, the Appellant may be represented by an attorney, at
Appellant's expense. Both the Department and the Appellant shall have the right to
examine and cross-examine any witness produced at the hearing. The rules of
evidence that normally apply in court shall not apply in a hearing before the Committee,
but the Grievance Committee shall only consider evidence which would be relied upon
by reasonable people making an important decision, and shall disregard evidence which
by its nature is unreliable or not credible.
4. The entire hearing shall be electronically or stenographically recorded. The
Grievance Committee shall base its decision exclusively on the evidence presented at
the hearing and shall issue a written decision, which includes a statement of the
relevant facts which the Committee finds to be true and explains how the facts support
its decision. For example, if the Department finds that the Appellant sold cigarettes to a
minor, but this was the first violation committed by the Appellant within 36 months, the
decision would explain that Section 2358(a)(2)i requires a 14 day suspension of the
Appellant's license to sell Tobacco Products at the licensed location, and on that basis
the facts support a 14 day suspension of the license for that location. The record of the
hearing shall be preserved for not less than six months after the decision is served on
the Appellant.
(d) HEARING DECISION. The chairperson of the Grievance Committee shall
issue the written decision required by subsection 4, above. Copies of the decision shall
be served in accordance with Subsection 2358(a)(1). The hearing decision shall
include notice of the Appellant's right to seek review of the decision pursuant to
California Code of Civil Procedure Section 1094.5 and 1094.6, including the statute of
limitations for seeking review pursuant to Section 1094.6.
(e) FINALITY OF THE GRIEVANCE COMMITTEE'S DECISION. The
decision of the Grievance Committee shall be the final decision for the City of Ukiah.
(g) APPEAL TO SUPERIOR COURT. Judicial review of the Grievance
Committee's decision shall be governed by the Code of Civil Procedure Sections 1094.5
and 1094.6.
(h) ENFORCEMENT OF DECISION. Unless stayed by a court, any final
decision of the Grievance Committee is effective immediately and may be implemented
and enforced by the Department.
ORDINANCE NO. 1072
2361: ENFORCEMENT. The remedies provided by this Article are cumulative
and in addition to any other remedies available at law or in equity.
(a) Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this ordinance shall constitute a violation.
(b) Violations of this Article are hereby declared to be public nuisances.
(c) Violations of this Article are hereby declared to be unfair business
practices and are presumed to at least nominally damage each and every resident of
the community in which the business operates.
(d) A violation of this Article constitutes a misdemeanor punishable by a fine
of $1,000 or by imprisonment in the County jail for six months, or both.
(e) In addition to other remedies provided by this Article or by other law, any
violation of this Article may be remedied by a civil action brought by the City Attorney or
the District Attorney, including, for example, administrative or judicial nuisance
abatement proceedings, other legally authorized enforcement proceedings, and suits for
injunctive relief.
SECTION THREE.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person
or circumstance. The City Council of the City of Ukiah hereby tleclares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more other sections, subsections,
subdivisions; paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general
circulation in the City of Ukiah, and shall become effective thirty (30) days after its
adoption.
Introduced by title only on October 19, 2005, by the following roll call vote:
ORDINANCE NO. 1072
t~
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin; and Mayor Ashiku
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on November 2, 2005 by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku
NOES: None
ABSENT: None
ABSTAIN: None
~~.
ark Ashiku, Mayor
ATTEST:
Gii~~~J G~~2
Marie Ulvila, City Clerk
ORDWANCE NO. 1072
tt
ITEM NO: iib
MEETING DATE: September 5, 2007
AGENDA SUMMARY REPORT
SUBJECT: REPORT ON FIRE CODE ADOPTION PROCESS
Summary: Every three years the State of California publishes the adoptions, amendments and repeal
of administrative regulations to the California Administrative Code, Title 24, also known as the
California Building Standards Code (CBSC). Part 9 of the CBSC is known as the California Fire Code
(CFC) and effective January 1, 2008 will incorporate the 2006 edition of the International Fire Code
with California Amendments. Previous to this adoption, the CFC was based upon a model code
sponsored by the Western Fire Chiefs Association and International Conference of Building Officials.
In most cases, local jurisdictions, such as the City of Ukiah adopt the CFC, with local amendments, by
ordinance as the last step of the almost universal updating of the fire codes.
The City of Ukiah Fire Department has developed a plan for adopting the CFC as the fire code for the
City as well as reviewing the previous, more restrictive amendments that have been developed to
address specific fire protection issues within the City. The plan is as follows:
1. Ongoing.
Staff reviews new code and compares to current code and amendments and forms an
amendment package.
2. September 10, 2007 to October 1, 2007.
Solicit public input through either a public meeting and/or staff attendance at meetings of
trade or special interest organizations.
3. October 3, 2007.
Staff recommendations to City Council on proposed amendments including previous public
comments, Public Hearing and, with approval, first reading of ordinance.
4. November 7, 2007.
Second reading of ordinance.
5. January 1, 2008.
Implementation.
It should also be noted that the City Fire Department is working with the Ukiah Valley Fire District in
the code adoption process to assure similar, if not identical, fire codes. This will allow for easier
understanding and application of the codes by the building community.
RECOMMENDED ACTION: None. Item is advisory only -report on fire code adoption
process.
Prepared by: Tony Clarabut, Fire Chief
Coordinated with: Candace Horsley, City Mgr. and Chuck Yates, Fire Marshal
Attachments: None
i
Approved: !
Candace Horsley, City M ager