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2017-10-18 Packet
City of Ukiah City Council Regular Meeting AGENDA Civic Center Council Chamber ♦300 Seminary Avenue+Ukiah, CA 95482 October 18, 2017 - 6:00 PM 1 ROLL CALL 2 PLEDGE OF ALLEGIANCE 3 PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 3.a. Update on the Mendocino Lake Complex Fire - Oral Presentation. Recommended Action: Receive report. None 3.b. Introduction of New Employee - Sarah Brown, Financial Services Specialist ll. Recommended Action: The City Council will welcome new team member Sarah Brown to the City of Ukiah. None 3.c. Status Report, Discussion and Possible Action Regarding the Ukiah Valley Sanitation District's Litigation Against the City of Ukiah Related to the Operation of the Sanitary Sewer System. Recommended Action: Receive status report. If desired, discuss and provide direction to Staff and/or consider any action(s) related to the matter. Attachment 1- UVSD Litigation Update Box Files location UVSD Litigation Update Box File 24- Presentation given to Council 9-20-17 UVSD Litigation Update Box File 25- City Council Letter to Ukiah Valley Sanitation District 3.d. Landfill Closure Financial Plan Update. Recommended Action: Receive and file update to the Landfill Closure Financial Plan. None 4 PETITIONS AND COMMUNICATIONS 5 APPROVAL OF MINUTES Page 1 of 5 5.a. Approval of Minutes of October 4, 2017 - a Regular Meeting. Recommended Action: Approve Minutes of October 4, 2017, a Regular Meeting, as submitted. Attachment 1- Draft Minutes of October 4, 2017 6 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the rightto a review of that decision bya court. The City has adopted Section 1094.6 of the California Code of Civil Procedure,which generally limits to ninetydays (90) the time within which the decision of the City Boards and Agencies maybe judicially challenged. 7 CONSENT CALENDAR The following items listed are considered routine and will be enacted bya single motion and roll call vote bythe City Council. Items maybe removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered atthe completion of all other items on the agenda.The motion bythe City Council on the Consent Calendarwill approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. 7.a. Report of Disbursements for the Month of September 2017. Recommended Action: Approve the Report of Disbursements for the month of September 2017. Attachment 1- September 2017 Summary of Disbursements Attachment 2-Account Codes for reference Attachment 3- Object Codes for reference Attachment 4- September 2017 Disbursement Detail 7.b. Notification of Purchase for LifePak 15 from Physio Control. Recommended Action: Receive the report of the purchase of LifePak 15 from Physio Control, in the amount of$26,327.54. None 7.C. Adopt Resolution Appointing a Member to the Traffic Engineering Committee. Recommended Action: Adopt resolution appointing Erich B.P. Sommer to the Traffic Engineering Committee to serve as a Public Representative with an indefinite term. Attachment 1-Application of Erich B.P. Sommer(with redactions) Attachment 2- City of Ukiah Resolution 2014-48 Attachment 3- Ordinance 1166 Attachment4- Letterof Nomination Attachment 5- Proposed Resolution 7.d. Council will Receive Notification of the Acquisition of Professional Services from Alpha Laboratories in the amount of $14,775 for Testing Services at the Water Treatment Plant. Recommended Action: Receive Report None 8 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes inputfrom the audience. If there is a matter of business on the agenda thatyou are interested in,you mayaddress the Council when this matter is considered. If you wish to speak on a matterthat is noton this agenda,you maydo so atthis time. In orderfor everyone to be heard, please limityour comments to three (3)minutes per Page 2 of 5 person and not more than ten (10)minutes per subject. The Brown Act regulations do not allow action to betaken on audience comments in which the subject is not listed on the agenda. 9 COUNCIL REPORTS 10 CITY MANAGER/CITY CLERK REPORTS 11 PUBLIC HEARINGS (6:15 PM) 11.a. Public Hearing to Consider Adoption of a Resolution Amending Fee Schedule for the Ukiah Police Department, Including Bike License Fees, Concealed Weapons Permits, Clearance Letters, Live-Scan Fingerprinting, Fees for Photographs, Second Hand Dealer Licensing, Taxi Permits and Fees Associated with Traffic Accident Reports. Recommended Action: Staff recommends adopting a Resolution increasing Ukiah Police Department fees associated with issuing Bike Licenses, Concealed Weapons Permits, Clearance Letters, Live-Scan Fingerprinting, Photographs, Secondhand Dealer Permits, Taxi Permits and Traffic Accident Reports. Attachment 1- Fee Worksheet Attachment 2- Hourly Rate Calculations Attachment 3- Bicycle License Ordinance Attachment 4- 2001 Fingerprint Staff Report Attachment 5- 1998 Stored Vehicle Fee Staff Report Attachment 6- 1993 Taxi Permit Resolution Attachment 7- RESOLUTION UPD Fee Increase 11.b. Discussion and Possible Introduction of Ordinance, by Title Only, of the City Council of the City of Ukiah Amending Various Sections of the Ukiah City Code Regulating Medical Marijuana Dispensaries. Recommended Action: Introduce the Medical Marijuana Dispensary Ordinance Amendment by Title Only. Attachment 1-Amendment to Dispensaries Ordinance - Redlined Attachment 2-Amendment to Dispensaries Ordinance - Clean 12 UNFINISHED BUSINESS 12.a. 2017 Review of Ordinance Authorizing of a Hearing Officer for Appeal Hearings, Including; Number of Hearings, Cost of Hearings and Effectiveness. Recommended Action: Based on the use and success of the Hearing Officer Ordinance change, staff recommends no further changes to the ordinance, and to continue contracting for hearing officer services. Council to receive report from staff and provide staff with further direction, if desired. None 12.b. Discussion and Request for Direction on Cannabis Cultivation Ordinance and Cannabis Business Ordinance. Recommended Action: Provide direction to Staff on how to proceed with the Cannabis Cultivation Ordinance and Cannabis Business Ordinance and refer to the Planning Commission for recommendations. Page 3 of 5 Attachment 1- Cannabis Cultivation Ordinance (Redline) Attachment 2- Cannabis Business Ordinance (Redline) 13 NEW BUSINESS 13.a. Authorize the City Manager to Negotiate and Execute a Contract for Professional Services Between the City of Ukiah and North Coast Opportunities for Community Services Related Program Development. Recommended Action: Council authorize the City Manager to negotiate and execute a contract for professional services in the amount of$30,000 between the City of Ukiah and North Coast Opportunities to more efficiently address community needs and develop strategies/programs that create community engagement. Attachment A- Standard Professional Services Agreement- NCO Attachment B- Scope of Work for NCO/City of Ukiah 13.b. Adoption of Resolution of the City of Ukiah City Council Adopting Administrative Program Guidelines for the Ukiah Housing Trust Fund. Recommended Action: Adopt resolution adopting Administrative Program Guidelines for the Ukiah Housing Trust Fund. Attachment 1- Ukiah HTF Guidelines Attachment 2- Ukiah HTF Resolution Attachment 3- Sonoma County CDC White Paper Attachment 4- ILG HTF Paper 13.c. Report from Staff Regarding the Passage of new Housing Bills by the State Legislature. Recommended Action: Receive report from Staff. Attachment 1- Housing Bills Analysis 14 CLOSED SESSION — CLOSED SESSION MAYBE HELD AT ANYTIME DURING THE MEETING. 14.a. Conference with Legal Counsel — Existing Litigation (Cal. Gov't Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 (Palace Hotel) Recommended Action: Confer in Closed Session None 14.b. Conference with Legal Counsel — Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Sonoma County Superior Court, Case No. SCV 256737 (UVSD) Recommended Action: Confer in Closed Session None Page 4 of 5 14.c. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: 429 South Dora St. Ukiah, CA 95482 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: City of Ukiah and Ukiah Unified School District; Under Negotiation: Price & Terms of Payment Recommended Action: Confer in Closed Session None 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. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. 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. October 13, 2017 Kristine Lawler, City Clerk Page 5 of 5 Agenda Item No.: 3a MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-183-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Update on the Mendocino Lake Complex Fire - Oral Presentation. DEPARTMENT: Administration PREPARED BY: Tami Bartolomei ATTACHMENTS: None Summary: Staff will present an oral update on the Mendocino Lake Complex Fire. Background: (See summary) Discussion: This is an oral presentation by staff to update the City Council to the status of the Mendocino Lake Complex Fire. RECOMMENDED ACTION: Receive report. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sage Sangiacomo, City Manager Approved: —§Ke Sangi omo, City Manager There are no Attachments to this Agenda Item. 2 UVSD Litigation Costs City of Ukiah as of September 30,2017 Summary of Litigation Defense Costs Row Labels Sum of Amount as of September 30,2017 Legal(2013-Present) $ 4,232,609.77 ARBITRATION&MEDIA 1,980.00 Inception through 06/30/16 $ 318,092.92 BRELJE&RACE CONSUL 16,542.50 DANIEL CROWLEY 338,029.44 Since 7/1/16 Boutin Jones,Inc. 40,569.36 DUNCAN JAMES LAW OFC 3,524,988.07 David Rapport 111,157.72 HOLDER WILLIAM 25.144.00 Geary,Sheo,O'Donnell 518,162.44 JAMS INC 10.900.00 SARGEANT KIMBALL 43,405.03 S/T 669,889.52 SHARP JOHN 110.825.23 SQUAR MILNER 160.795.50 Grand Total $ 4,232,609.77 Total City litigation defense costs $ 987,982.44 Total UVSD litigation costs $4,232,609.77 Total City and UVSD litigation costs $5,220,592.21 Analysis UVSD accounts: Overlap 1,423 44.41%of total UVSD rate payers Non-overlap 1,781 55.59%of total UVSD rate payers Total 3,204 City accounts 3,923 Total accounts 7,127 ° Total cost per each account $ 732.51 (c)!lirl Cost per City account $ 251.84 n/te) Cost per UVSD account $ 1,321.04 !l l,jl (1)From the summary prepared by D.Rapport. Agenda Item No.: 3b MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-100-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Introduction of New Employee - Sarah Brown, Financial Services Specialist II. DEPARTMENT: Finance PREPARED BY: Daphine Harris ATTACHMENTS: None Summary: The Finance Department is pleased to introduce new Financial Services Specialist II, Sarah Brown. Background: The City of Ukiah Finance Department is pleased to introduce Sarah Brown, who has been hired as a Financial Services Specialist II. Sarah comes to the City from Coyote Valley Tribe with more than 11 years of experience in accounting, including accounts payable and payroll. Sarah is currently training with the City's accounts payable team and will be assisting in the budget process. Discussion: Sarah has lived in the Ukiah area most of her life. Sarah received her AA in both Business Management and Accounting from Mendocino College. She is a proud mother of six children, five boys and one girl. Sarah enjoys reading, traveling with her family, and watching sports. Sarah looks forward to the learning opportunities ahead in the finance department. RECOMMENDED ACTION: The City Council will welcome new team member Sarah Brown to the City of Ukiah. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Approved: S e Sang! omo, City Manager There are no Attachments to this Agenda Item. 2 Agenda Item No.: 3c MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-71-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Status Report, Discussion and Possible Action Regarding the Ukiah Valley Sanitation District's Litigation Against the City of Ukiah Related to the Operation of the Sanitary Sewer System. DEPARTMENT: Administration PREPARED BY: Sage Sangiacomo ATTACHMENTS: Attachment 1- UVSD Litigation Update Box Files location UVSD Litigation Update Box File 24- Presentation given to Council 9-20-17 UVSD Litigation Update Box File 25- City Council Letter to Ukiah Valley Sanitation District Summary: Staff will provide the latest status report on the Ukiah Valley Sanitation District's Litigation against the City of Ukiah related to the operation of the sanitary sewer system. The City of Ukiah continues to request that the District consider a change in process outside of litigation to resolve the dispute and restore a working relationship, recognizing there is simply too much at stake for the ratepayers, system operations, and the community. Background: Chronological History of Recent Correspondence and Activity: In September 2013, the Ukiah Valley Sanitation District (UVSD) filed a claim for damages with the City, and one month later filed its lawsuit. In its lawsuit, the District seeks damages for alleged breaches of the various agreements between the City and the District related to the operation of the sanitary sewer system, starting RECOMMENDED ACTION: Receive status report. If desired, discuss and provide direction to Staff and/or consider any action(s) related to the matter. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Approved: S e Sang! omo, City Manager with the original 1955 agreement. The lawsuit will have significant adverse financial impacts to both agencies, as well as the ratepayers and the community, and the City is seeking an alternative to litigation to resolve this dispute. Attached is the letter that was sent on September 14, 2016, by the City Council to the District Board, formally requesting that the District drop the lawsuit with terms that would allow the District to refile if agreement cannot be reached (UVSD Litigation Update Box File #1), as well as an informational piece that details the background/impacts (UVSD Litigation Update Box File #2). On September 21, 2016, the City Council received a presentation (UVSD Litigation Update Box File#3) from staff that explained the relationship between the two agencies and provided responses to some of the most frequently asked questions about this matter to better inform the public about the consequences of the litigation. This information along with a video link to the September 21st presentation/discussion are accessible at http://www.cityofukiah.com/projects/uvsd-vs-cou/. The UVSD submitted a letter dated September 20, 2016, (UVSD Litigation Update Box File#4) which inaccurately asserts that the City's request is for the District to drop the lawsuit until after the recycled water project funding is received. In fact, the City's request is for the District to dismiss its lawsuit and that the City and District devote their time, money and resources to solving the costly issues confronting the sewer system and improving their working relationship. The City's goal is to eliminate the lawsuit altogether. The City has offered to include terms that would allow the District to refile the lawsuit if the parties fail to reach agreement, but the City never suggested that the District would simply refile the lawsuit once State funding was obtained. Also, the City never suggested that dismissing the lawsuit is all that would be necessary to obtain State funding. In addition to dismissal of the lawsuit, there would have to be an agreement between the City and the District regarding the recycled water project that would satisfy the State Water Resources Control Board. At the conclusion of the September 21st discussion, the Council directed the City Manager to contact the UVSD District Manager to explore possible alternatives. The City Manager attempted to contact the District Manager by email, but due to a reported medical leave, Mr. McMichael was not available to provide a timely/detailed response. On October 5th, the City Attorney received an email correspondence from Duncan James (Attorney representing the District) responding to the City Manager's email to Mr. McMichael. Mr. James indicated in the email that the District had accepted the City's request to meet and formed a committee consisting of Frank McMichael, District Manager; Jim Ronco, Board Chair; Bob Page, Board Member; and legal counsel. The City Manager issued a supplemental memo to the City Council for the October 5th City Council meeting regarding this email exchange and included a recommendation to Council for the formation of a City Council ad hoc committee to meet with the District (UVSD Litigation Update Box File #5). At the City Council meeting, Mr. Doug Losak with the Law Offices of Duncan James delivered and read aloud a letter containing some additional allegations, but in the end, agreed to meet with the City. The City Council formed an ad hoc committee consisting of Councilmembers Crane and Doble. The City immediately made efforts to schedule the first meeting between the District's committee and the City's ad hoc. At the October 19, 2016, meeting, the City Council discussed the latest correspondence from the District including the District's request to hold the ad hoc meetings in private and require the City to consent to a confidentiality agreement. The City Manager provided the Council with the correspondence to date from the District regarding the confidentiality condition (UVSD Litigation Update Box File #6) for consideration. At the time of the meeting, the District had not provided a draft of the proposed confidentiality agreement. By consensus, the City Council continued to object to private meetings that do not provide the public with the opportunity to be informed. However, the City Council did direct the ad hoc to meet with the District's ad hoc to discuss the process for such meetings and report back to the City Council at its regular meeting on November 2, 2016. Prior to the ad hoc meeting, the City Attorney received a letter from Duncan James' Office regarding the District's request for a confidentiality agreement for the ad hoc meetings along with a draft of the agreement 2 2 (UVSD Litigation Update Box File #7). The City Attorney issued a response (UVSD Litigation Update Box File #8) indicating that such agreement would need to be discussed at the first joint ad hoc meeting and ultimately considered by the City Council. In addition, the City Council received correspondence from the District Manager related to the recycled water project dated October 21st (UVSD Litigation Update Box File#9). Most of the questions referenced in the letter had already been either answered or provided to the District. Nonetheless, City staff welcomed the dialogue and discussion in a sincere effort to move this critical project forward. Staff provided a response to the District Manager on October 27, 2016 (UVSD Litigation Update Box File #10). On October 28, 2016, the City's ad hoc met with the District's ad hoc. At the meeting, the District presented the City with a take-it-or-leave-it condition imposing confidentiality on the ad hoc discussions. On November 2nd and 4th, the City Council considered the District's confidentiality condition on the ad hoc discussions and approved a letter (UVSD Litigation Update Box File #11) that confirmed agreement to the condition if the District Board would agree to either stay further proceedings in the lawsuit or dismiss the lawsuit without prejudice. The City's proposal, if accepted, would halt the costly litigation fees currently being incurred by both agencies, but would not preclude the District from terminating the stay or refiling the lawsuit if the District wasn't satisfied with the discussions/negotiations. The District issued a response to the City's proposal on November 8, 2016 (UVSD Litigation Update Box File #12) that continues to impose a confidentiality condition on the joint ad hoc meetings. The District further stated "the lawsuit needs to otherwise remain in motion" except to provide a limitation on any discovery requests for a period of 4 weeks. It's important to note that the District's legal team has predominately utilized the Public Information Act (PRA) rather than formal discovery to obtain information. Because the City of Ukiah is a public agency, the District's attorneys have used the PRA process to obtain information, which does not require the District to justify its requests by showing how they are relevant to the issues in the case. In a typical lawsuit, the discovery process is used to obtain documents and is overseen and controlled by the court to prevent burdensome or oppressive requests. The City continues to expense a tremendous amount of staff resources responding to the District's PRA requests for information dating back to 1955. To date, the District has submitted over 41 requests (with multiple parts) under the PRA process. The City has diligently been responding to the requests for the past 12 months. Suspension of the formal discovery process will not prevent the continued practice by the District nor will it limit the escalating litigation expenses during this proposed period. With regard to the recycled water project, the City received additional correspondence from the District Manager indicating the need for more information (UVSD Litigation Update Box File#13). However, the correspondence did not identify any specific questions or information that had not otherwise been provided. The City Manager issued a response on November 15th (UVSD Litigation Update Box File #14) and included a BOX link to all relevant information on the recycled water project (https://cityofukiah.box.com/v/uvsdpointsofinterest). Most, if not all, of the information and/or documents have already been provided to the District. Furthermore, the City Manager requested a determination from the District regarding its position on the project and offered to provide any other information and/or presentations that would be necessary for a determination. On November 16th, the City Council instructed the City Attorney to contact the lawyers for the Ukiah Valley Sanitation District to work out the details for mediating the outstanding disputes including selecting a mediator. Furthermore, and as a first step in the mediation, the City Council requested the District to provide a detailed written response and any counter proposals to the City's written proposal that was submitted to the District in March 2014, during the original mediation between the City and the District. On November 17th, the City Attorney sent correspondence to the UVSD's lawyer to initiate mediation as directed (UVSD Litigation Update Box File #15). As of the publication of the report for the December 7th City Council meeting, the District had not responded. 3 3 Additional correspondence between the City and District had also been exchanged related to the recycled water project (UVSD Litigation Update Box File #16 & #17). Despite continued attempts to engage and provide the District with information, the District had yet to conclude that the recycled water project is the superior alternative of disposing treated wastewater. In an effort to bring this item to a conclusion, the City Manager proposed in a December 1st correspondence to the District Manager a joint meeting between the City Council and the District Board to discuss and resolve any remaining questions/issues related to the project. As of the publication of the report for the December 7th City Council meeting, the District had not responded. Related to the Fiscal Year 16/17 Budget, the District has not yet identified the District's timeline for their previously identified budget review process that reportedly extends through various staff, committee and District Board stages before a final joint meeting with the City can be scheduled. The previously approved continuing resolution for the budget was scheduled to expire on December 31, 2016. The City had made inquiries as to the District's progress and anticipated review timeline (UVSD Litigation Update Box File #18). Staff recognized some level of District review was underway given recent engagement (since November 11th) on the budget, but the District Manager had not provided a timeline for completion of their review and/or indicated readiness for a joint budget meeting. As of the publication of the report for the December 7th City Council meeting, the District had not responded. At the December 7th City Council meeting, the Council adopted a resolution to secure funding for the construction of the recycled water system using water revenues as an alternate to the City's wastewater revenues. While this was a less desirable option for securing project funding, it was considered a better alternative to losing the project funds altogether. The Ukiah Valley Sanitation District's lawsuit remains the only impediment to securing project funding with the wastewater revenues, given the City must be able to demonstrate to the State an unconstrained revenue source to guarantee repayment of the loan funds. City staff reported that they were vetting the details of the water revenue alternative with the State Water Resources Control Board. The UVSD continued to be unresponsive to the City Manager's proposal for a joint meeting between the City Council and the District Board to discuss and resolve any remaining questions/issues related to the recycled water project. Related to the Fiscal Year 16/17 Budget, the City Council and the District Board approved a continuing budget resolution at their respective meetings on December 7th and December 27th. The City's continuing resolution was set to expire on January 18, 2017, unless otherwise extended. The City requested a joint meeting with the District Board prior to the expiration of the resolution. While the District had taken action to extend the continuing resolution beyond December 31, 2016, it had yet to identify a timeline for the completion of its budget review or response to the City's request for a joint meeting. At the January 4, 2017, City Council meeting, the City Manager and staff reported that terms for mediation continue to be discussed and the District had not responded to the City's requests for a joint meeting on the Fiscal Year 16/17 budget or the recycled water project. It was further reported that the City received a notice from the District Chair related to communication in the absence of the District Manager due to an extended medical leave (UVSD Litigation Update Box File #19). At the January 18, 2017, City Council meeting, the City Manager and staff reported that terms for mediation continue to be discussed and the District had not responded to the City's continued requests for a joint meeting on the Fiscal Year 16/17 budget or the recycled water project. Development of the City's wastewater operating budget is a joint process between the City and the Ukiah Valley Sanitation District (UVSD). The process had been delayed significantly despite efforts by the City to move it forward expeditiously. In the interim, the City had been operating its wastewater enterprise on a continuing resolution, carrying forward the adopted appropriations from Fiscal Year 2015-16. At its meeting of December 7, 2016, the City Council determined that continuing to do so impeded its ability to effectively, efficiently, and responsibly provide wastewater services to the citizens of Ukiah and the UVSD and voted to move the budget 4 4 process forward with its consideration and potential adoption at its regularly scheduled meeting on January 18, 2017. The City notified UVSD of its intentions and again called on it to schedule a meeting with the City Council to complete the budget review process. As of the January 18th City Council meeting, the UVSD continued to be unresponsive to the requests to meet. As such, the City Council unilaterally considered and approved the FY 16-17 Wastewater Budget (UVSD Litigation Update Box File #20). At the February 1, 2017, City Council meeting, the City Manager and staff reported that terms for mediation continue to be discussed with a location and mediator agreed to, but a date not finalized. Furthermore, the District had not responded to the City's continued requests for a joint meeting on the Fiscal Year 16/17 budget or the recycled water project. At the February 15, 2017, City Council meeting, the City Attorney reported that a date (May 11th) had been finalized for the first session of mediation. In addition, the City had accepted the District's conditions that the mediation be subject to a confidentiality agreement in addition to the Evidence Code mediation privilege and to conduct the mediation in Santa Rosa using a mediator from the Judicial Arbitration and Mediation Service (JAMS). The City Manager also reported the District had not responded to the City's continued requests for a joint meeting on the Fiscal Year 16/17 budget or the recycled water project. At the March 1, 2017, City Council Meeting, the City Manager reported that the District remains nonresponsive to the requests for a joint meeting on the Fiscal Year 16/17 budget and recycled water project. At the March 15, 2017, City Council Meeting, the City Manager reported the District continues to remain nonresponsive to the City's requests for a joint meeting on the Fiscal Year 16/17 budget and recycled water project. The City Manager also reported that District Manager McMichael had responded to the City's request for a staff meeting to prepare the bid package to rebid the installation of the barscreen at the Wastewater Treatment Plant as previously directed by the City Council and District Board. The barscreen meeting took place on the morning of March 15th. At the April 5, 2017, City Council Meeting, the City Manager reported that the District continues to remain nonresponsive to the City's requests for a joint meeting on the Fiscal Year 16/17 budget and recycled water project. At the District's March 16, 2017 Board meeting, the City Manager reiterated the City's request for the joint meeting during public comment on non-agenda items. In addition, the City continues to be available and responsive to budget and billing inquiries from Mr. Dickerson and public information requests from the District's legal counsel, although none have been received in the past two weeks. At the April 19, 2017, City Council Meeting, the City Manager reported that the District continues to remain nonresponsive to the City's requests for a joint meeting on the Fiscal Year 16/17 budget and recycled water project. In addition, the City has provided the District with a timeline for the City's proposed FY 17-18 Budget process and has sought input on how/when the District would prefer to coordinate the development and joint review of next year's FY 17-18 wastewater budget (UVSD Litigation Update Box File #21). At the May 3, 2017, City Council Meeting, the City Manager reported that the UVSD continues to be nonresponsive to the City's ongoing requests for a joint meeting on the FY 16-17 Budget and recycled water project. In addition, the District has been nonresponsive to the City's request to engage in the development and joint review of the FY 17-18 wastewater budget. Furthermore, it was reported that the District was unwilling to provide details related to the maintenance of customer billing accounts as demonstrated by the District's refusal to share refund calculations and methodology related to a sizable refund reportedly authorized by the District at their January 19, 2017, board meeting. Given the District's uncooperative approach regarding account information through customary administrative communication, the City was forced to seek the information through a Public Records Act (PRA) request. Since the May 3rd meeting, the District has provided a response to the PRA request which is currently being reviewed by City staff. At the May 17, 2017, City Council Meeting, the City Manager reported that mediation regarding the litigation 5 5 resumed on May 11, 2017, and continues with the efforts remaining confidential due to the rules established for the meetings. In addition, the District remains nonresponsive to the City's ongoing request for a joint meeting on the FY 16-17 budget and recycled water project. The District also continues to be nonresponsive to the City's numerous requests for engagement in the development and joint review of the FY 17-18 wastewater budget. Correspondence has been sent to the District detailing the budget development schedule and budget related items on the City Council's agenda, inclusive of the following dates: • March 13-17: Budget Training in Munis • March 20-31: First-round budget meetings • March 31: Deadline for personnel requests for budget • Friday April 7: Budget entry due. Budget will be locked to departments to allow for further processing and analysis by Finance • April 17-28: Second-round budget meetings • Wednesday, May 17: Budget 101 with Council • May 19: Comment period on budget document closes • June 7: First budget hearing and workshop with Council • June 14: Final budget hearing with Council and adoption (tentative) At the June 7, 2017, City Council Meeting, the City Manager reported the District continues to be nonresponsive to the City's request for a joint meeting regarding the current year budget, the recycled water project and the development of next fiscal year's budget. The City Attorney also reported that the mediation process is ongoing. At the June 21, 2017, City Council Meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the current year budget, the recycled water project and the development of next fiscal year's budget. In addition, Director White has sent correspondence to the District regarding the need for joint approval of the barscreen installation bid, given the $100,000 Participation Agreement threshold for capital items. The City Council considered and approved the item at the June 21st meeting, but the District will need to approve the project if it is to proceed. At the July 5, 2017, City Council meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the current year budget, the recycled water project and the development of next fiscal year's budget. Given the continued lack of response from the District, the City Council, at its meeting of June 21, 2017, approved the Fiscal Year 17-18 budget inclusive of the budget for wastewater. The City continues to seek cooperation from the District, but delaying approval of the budget impedes the City's ability to effectively, efficiently, and responsibly provide wastewater services to the citizens of Ukiah and the UVSD. In addition, the District had not yet considered the barscreen installation bid which requires joint approval. Director White has sent correspondence to the District regarding the need for joint approval of the barscreen installation bid, given the $100,000 Participation Agreement threshold for capital items. The City Council considered and approved the item at the June 21st meeting, but the District will need to approve the project if it is to proceed. The City Manager also reported the second mediation date is scheduled for July 14, 2017. Furthermore, UVSD Director Marshall has contacted the City requesting a tour be scheduled for the District's new interim manager. The City is responding to coordinate the request. At the July 19, 2017, City Council meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the Fiscal Year 16-17 budget, 17-18 budget, and the recycled water project. In addition, a tour of the Wastewater Treatment Plant was given to the new District Manager and UVSD Board Member Marshall. Mediation meetings continue, but no public reports are available. 6 6 The candidate filing period for 3 of the 5 District Board seats for the November 7th Election is open from July 17 -August 11. At the August 2nd, 2017, City Council meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the Fiscal Year 16-17 budget, 17-18 budget, and the recycled water project. City representatives attended the UVSD Board Meeting on July 20, 2017, and again requested cooperation from the District. Regarding the barscreen rebid, the City Manager reported: On June 21st, the City Council approved the award of contract to Fort Bragg Electric for the installation of a barscreen at the Wastewater Treatment Plant. The award was contingent upon the District taking corresponding action of which they were informed. Due to an extended delay and no response from the UVSD, the City requested an extension of the expiring bid from the contractor to afford the District additional time to take action. The District approved the contract at its July 20, 2017, Board Meeting and the project will proceed. Regarding the litigation Impact, the City Manager reported: Staff completed an updated estimate of legal related expenses associated with the Ukiah Valley Sanitation District. Estimates demonstrated that the Ukiah Valley Sanitation District is closing in on $4 million dollars of legal related expenses with over $3.3 million directly paid to the Law Offices of Duncan James (UVSD Litigation Update Box File #22). In defense of the District's legal actions, the City has expended approximately$814,000. On a cost per account base evaluation, this equates to $1,225.55 per District customer account and $207.39 per City customer account. At the August 16, 2017, City Council meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the Fiscal Year 16-17 budget, 17-18 budget, and the recycled water project. However, discussions related to mediation continue. Furthermore, City representatives continue to attend the UVSD Board Meetings in an effort to seek an improved working relationship. At the September 6, 2017, City Council meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the Fiscal Year 16-17 budget, 17-18 budget, and the recycled water project. With regard to mediation, representatives of the City of Ukiah and the Ukiah Valley Sanitation District continue to have meetings, but because of the confidential nature of mediations, the parties cannot reveal any further information. On the administrative front, the City Manager and Joe Tait, the new District Manager had a meeting on August 24, 2017. While the meeting was an initial meet and greet, both Mr. Tait and the City Manager expressed a desire to improve the working relationship between the two agencies. Earlier in the week, Mr. Tait also met with engineering staff to review operational processes and procedures. During this reporting period, the City responded to the District's request for a draw on available, unencumbered District funds held by the City in the amount of$4,544,482. Pursuant to the Participation Agreement, as amended and the Financing Agreement between the City of Ukiah and the Ukiah Valley Sanitation District, the City issued a check on August 30, 2017, per the District's final instructions received on that same day. At the September 20, 2017, City Council meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the Fiscal Year 16-17 budget, 17-18 budget, and the recycled water project. During the previous reporting period, the City responded to the District's request for a draw on available, unencumbered District funds held by the City in the amount of$4,544,482. Pursuant to the Participation Agreement, as amended and the Financing Agreement between the City of Ukiah and the Ukiah Valley Sanitation District, the City issued a check on August 30, 2017, per the District's final instructions received on that same day. 7 7 Over the course of the two weeks leading up to the City Council meeting on September 20th, the District made a number of false claims related to their draw on District funds in an effort to justify their continued legal action against the City. The press release that fully describes this issue is included in the Litigation Files as UVSD Litigation Update Box File #23. Mediation continues, but the litigation activities are escalating as the March 2018 trial date nears. The high cost of litigation could be avoided if the District were to agree to focus on mediation efforts and put a hold on the trial. The City's Director of Finance gave an updated presentation on the impacts of the District's litigation (Attachment#24). The City Council had previously requested the District put a hold on litigation activities over a year ago and the District opposed the request. The City Council issued a new request on September 21, 2017 (Attachment#25) in hopes the parties could agree to focus efforts on resolution and stay the litigation activities in an effort to avoid the high costs a trial. At the October 4, 2017, City Council meeting, the City Manager again reported that the District continues to be unresponsive to the City's request for a joint meeting regarding the Fiscal Year 16-17 budget, 17-18 budget, and the recycled water project. As of mid September 2017, the Ukiah Valley Sanitation District had spent nearly $4,126,971 in legal fees, with $3,426,487 paid directly to the Law Offices of Duncan James. Litigation activities were reported to be escalating as a trial date nears. The mounting legal expenses could be avoided if the District were to agree to focus on mediation efforts and put a hold on the litigation. As of that meeting, the District had not responded to the most recent request from the City Council to put the litigation on hold. In addition, the paid advertisements from the District continued through this period across multiple media platforms with a continued attempt on justifying their litigation. Discussion:At the October 18, 2017, City Council meeting, Staff will provide the latest status report on issues related to the operation of the sanitary sewer system. The City of Ukiah continues to contend that the lawsuit is unnecessary and is seeking cooperation with the District to settle the dispute outside of litigation. As of mid September 2017, the Ukiah Valley Sanitation District had spent nearly$4,126,971 in legal fees, with $3,426,487 paid directly to the Law Offices of Duncan James. On a cost-per-utility customer account evaluation, this equates to $1,288 per District customer account. The City presentation from September 20th on the impacts is included as Attachment#24 for reference. Litigation activities continue and are quickly escalating as a trial date nears. The mounting legal expenses could be avoided if the District were to agree to focus on mediation efforts and put a hold on the litigation. The City had previously made this request and issued a new request following the conclusion of the last City Council meeting (Attachment#25). Unfortunately, mediation efforts are significantly being displaced by the litigation. To date, the District has not responded directly to the most recent request from the City Council to put the litigation on hold and focus all efforts on mediation. Budgets and Recycled Water Project: The City of Ukiah continues to seek cooperation from the UVSD to jointly approve budgets and review the recycled water project. The District remains unresponsive to the City's request to meet on these matters. At a special meeting on October 11, 2017, the Ukiah Valley Sanitation District voted in favor of contract amendments to their contract for legal services with Law Office of Duncan James. In addition, the Board voted to change their regular meeting time to the 3rd Wednesdays of the month at 6pm which is in direct conflict with the regular City Council meetings. The District continues to utilize a paid media consultant and paid ads in the Ukiah Daily Journal, Hometown 8 8 Shopper and social media to justify the continued legal action against the City. The ads contain false, partial and manipulated information. The Council may elect to discuss the matter further and, if desired, provide direction to Staff and/or consider any related action(s). As part of this agenda item, the Council does not intend to consult with legal counsel regarding the litigation itself and does not intend to waive evidentiary privileges for attorney-client communication or attorney work product. 9 9 UVSD Litigation Update Box Files located at: https://cityofukiah.box.com/v/UVSDIitigationUpdates 10 UVSD Litigation Attachment#24 CITY/ UVSD LAWSUIT UPDATE SEPTEMBER 20, 2017 TOPICS General update FY 2017- 18 joint budget process recap Lawsuit expenditure update District reserve draw requests summary Concerns Questions moving forward N GENERAL UPDATE W GENERAL UPDATE Mediation is technically ongoing No future meetings currently scheduled District continues to spend exorbitant amounts of its reserve on legal every month Depositions are scheduled Trial date set for March 2018 City continues to implore District to drop (or at least pause) lawsuit to allow for meaningful, productive discussions to occur District proposes to use reserves to pay District customers $ 100 per account BUDGET PROCESS RECAP Joint Process Between City and UVSD r� V 1 BUDGET ACTIVITIES February, 2017 City Invited UVSD to attend Budget Kick-off March 15, 2017 City requested feedback UVSD March 16, 2017 City requested feedback to budget schedule May 2, 2017 City requested feedback and participation May 18, 2017 City requested review of Draft July 20, 2017 UVSD directed General Manager to engage on future budget processes No UVSD response to any request of directive No UVSD budget EXPENDITURE UPDATE City/UVSD Lawsuit-related Expenditures r LEGAL COST TOTAL AS OF SEPTEMBER 18, 2017 CITY UVSD* $864,283.35 • $4, 126,970.64 $3,426,487.04 to Duncan James Billed at the rate of approx. $85K per month *Source: Mendocino County Auditor-Controller ., � //J/yam/�/ / � - %, _ _ � - � ' i _ � � � '�i •� `��\�, _, �. M W LEGAL COST COMBINED TOTAL SEPTEMBER 18, 2017 $4999 19253 ,099 COST PER CITYACCOUNT $ 220 ,031 N O COST PER DISTRICT ACCOUNT $ 19288 ,007 *$ 1 ,069.44 to the Law Offices of Duncan James N SUMMARY OF GAINS AND LOSSES RELATED TO LAWSUIT AS OF SEPTEMBER 18, 2017 GAINS AND LOSSES Element city District Claims (paid) received $ - $ - Damages (paid) received - - Settlements (paid) received - Legal expenses (paid) received (864,283.35) (4, 126,970.64) Total gain (loss) $ (864,283.35) $ (4, 126,970.64) N N DISTRICT DRAW SUMMARY Request by District for its Reserves N W 14 DISTRICT RESERVE DRAW HISTORY FROM ACCOUNTS HELD ON DEPOSIT WITH THE CITY DRAW SCHEDULE Draw request: Source Purpose of Reserve Amount October 1 , 2013 District reserves District operating reserve $ 200,000.00 October 3, 2013 District reserves Rate stablization (debt service) 2,871 ,841 .49 July 3, 2014 District reserves District operating reserve 510,950.00 May 16, 2016 District reserves District operating reserve 1,500,000.00 August 30, 2017 District reserves District operating reserve 1 ,923,384 Rate stablization (debt service) 26,616 Connection and expansion fees 917,292 Capital improvements 1 ,677,189 4,544,481 .59 Total $ 9,627,273.08 N .p DISTRICT ACTIVITIES ANALYSIS $9.63 million of reserves drawn from accounts held on deposit with City $4. 13 million spent on lawsuit NO GAIN to the District No adopted budget for 2017- 18 No budget for legal appropriations No reporting on expenditures related to lawsuit $6.5 million reserves remain with District (estimated) County treasury Bank of America Other unknown checking account(s) N Cl CONCERNS N CONCERNS DISTRICT HAS NOT ADOPTED A BUDGET District is required to have an adopted spending plan for each fiscal year Brown Act requires Board to take action at a public meeting only Must allow for public comment and input District does not appear to have an adopted administrative budget for 2017- 18 No legal appropriations Over $200K spent this year with no adopted budget, appropriation, or authorization No admin appropriations, including $185K contract for general manager N v CONCERNS (CONT) DISTRICT DOES NOT REPORT EXPENDITURES District Board should approve all disbursements Should be included on agenda Should allow for public scrutiny, comments, and questions District is required to complete annual audits Has not done so since 2008 City has completed annual audits every year without exception N CONCERNS (CONT) DISTRICT DOES NOT REPORT EXPENDITURES (CONT) Options to consider: Request District Board to conduct its financial affairs in an open, transparent manner with all spending decisions and disbursements, including for all litigation and other legal services, reported to and approved by the Board at properly noticed meetings. Seek review of District financial practices by appropriate enforcement agencies N CO CONCERNS (CONT) PAYMENT TO DISTRICT CUSTOMERS District is considering payment to customers up to $ 100 per account from remaining reserves No new funds have flowed into the District w 0 CONCERNS (CONT) LEGAL COSTS CONTINUE TO RISE Total legal costs incurred by both agencies could exceed $ 10 million UVSD has shown no sign of slowing down spending, despite being in mediation UVSD legal costs may be more difficult to track: District does not willingly report Recent draw request of $4.5 million was deposited to an undisclosed account W MOVING FORWARD W N MOVING FORWARD City continues to request a change in process Litigation is too destructive and expensive City strongly desires to rebuild a productive, positive working relationship with District City and District must work together to protect rate payers There is too much at stake for our community It's time to move forward Ck) CJ.) QUESTIONS AND COMMENTS W -P LO M City of Ukiah September 21, 2017 Chairman Ronco and Board Members Board of Directors Ukiah Valley Sanitation District 151 Laws Ave. Ukiah, CA 95482 SENT BY EMAIL AND REGULAR U.S. MAIL Re: UVSD v. City of Ukiah Dear Chairman Ronco and Board Members: This letter follows-up on the letter the City Council sent the District Board on September 14, 2016, in which the City Council proposed that the District dismiss its lawsuit on terms that would allow the District to refile it in the future, without prejudice, if the parties fail to reach agreement. At that time, the City Council noted that the District's lawsuit was costing a fortune in legal fees and other litigation expenses and was having other adverse financial impacts on both parties, including preventing the City from refinancing$75 Million in wastewater treatment plant bonds at a lower interest rate and a savings of millions of dollars for City and District ratepayers. The City Council suggested that the City and District would be better served by devoting their time, money and resources to solving the costly issues confronting the sewer system and improving their working relationship. Since that letter was written,the parties have continued to litigate the lawsuit at enormous additional cost to the District and the City, while attempting so far unsuccessfully to mediate its resolution. As the District knows, a trial date has been set for March 28,2018. This necessitates the immediate scheduling of many time consuming,expensive and disruptive depositions. To meet its deadline for filing dispositive motions in early December, the City has been compelled to notice 13 depositions. The District has noticed two and has told the court that it intends to notice at least 14 more. The terms of any potential settlement are complex and technical and will take considerable time and expertise to work through to final agreement. There simply is not enough time and money to both prepare this case for dispositive motions and trial and complete complex negotiations to produce a final settlement agreement. Moreover, if the case can be settled, it makes sense to save the ratepayers the expense of additional litigation that may not be necessary. A year ago, in our letter to the District Board,the City Council observed that the parties cannot conduct this expensive, disruptive and time-consuming litigation and at the same time work effectively to resolve their disagreements. The last year has borne out that prediction. The current posture of the case makes the focus on discussion and working together rather than on adversarial proceedings even more essential, if the ratepayers in the District and the City have any chance of receiving sewer service at a reasonable cost. 300 Seminary Avenue•Ukiah •CA•95482-5400 Phone: (707)463-6200 - Fax: (707)463-6204-www.cityofukiah.com M We recognize that there were conflicts in the past between City and District personalities that made it difficult to foster a productive relationship. However,that has changed. The current administration and City Council are prepared to work with the District with an open mind, a commitment to honest and transparent communication,and a desire to renew a productive long-term working relationship for the benefit of the ratepayers. Personal experiences of the past should not prevent the good that can be done by working together. In a recent press release,the District states,"First and foremost, the District wants to settle the lawsuit through mediation,on terms that will benefit both the District and City ratepayers." The City Council agrees and, once again,requests that the District dismiss the lawsuit so that the parties focus on resolving the disputed issues without the adverse impacts of continued litigation on our community. Very truly yours, Y ,7. Jim O. Browno e, Mayor ice Mayor O Maureen Mulheren Douglas F. Crane Stephen G. Scalmanini Councilmember Councilmember Councilmember cc: Ukiah City Council UVSD Board City Manager District General Manager District Counsel City Attorney 300 Seminary Avenue• Ukiah•CA •95482-5400 Phone: (707)463-6200 •Fax: (707)463-6204 •www.cityofukiah.com UVSD Litigation Costs City of Ukiah as of September 30,2017 Summary of Litigation Defense Costs Row Labels Sum of Amount as of September 30,2017 Legal(2013-Present) $ 4,232,609.77 ARBITRATION&MEDIA 1,980.00 Inception through 06/30/16 $ 318,092.92 BRELJE&RACE CONSUL 16,542.50 DANIEL CROWLEY 338,029.44 Since 7/1/16 Boutin Jones,Inc. 40,569.36 DUNCAN JAMES LAW OFC 3,524,988.07 David Rapport 111,157.72 HOLDER WILLIAM 25.144.00 Geary,Sheo,O'Donnell 518,162.44 JAMS INC 10.900.00 SARGEANT KIMBALL 43,405.03 S/T 669,889.52 SHARP JOHN 110.825.23 SQUAR MILNER 160.795.50 Grand Total $ 4,232,609.77 Total City litigation defense costs $ 987,982.44 Total UVSD litigation costs $4,232,609.77 Total City and UVSD litigation costs $5,220,592.21 Analysis UVSD accounts: Overlap 1,423 44.41%of total UVSD rate payers Non-overlap 1,781 55.59%of total UVSD rate payers Total 3,204 City accounts 3,923 Total accounts 7,127 ° Total cost per each account $ 732.51 (c)!lirl Cost per City account $ 251.84 n/te) Cost per UVSD account $ 1,321.04 !l l,jl (1)From the summary prepared by D.Rapport. Agenda Item No.: 3d MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-176-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Landfill Closure Financial Plan Update. DEPARTMENT: Finance PREPARED BY: Daniel Buffalo ATTACHMENTS: None Summary: The City Council will receive an update on the Financial Plan of 2016 to finance closure, post-closure, and a corrective action plan of the Ukiah Landfill. Background: The City Council, at its regularly scheduled meeting of January 6, 2016, considered a strategy to provide funding for the ultimate closure, post closure, and Corrective Action Plan (CAP) reserve of the Ukiah Landfill. The strategy was memorialized in the City Council Resolution No. 2016-03. The Resolution directs the Finance Director to present to Council for consideration annually the condition of the financial plan, with any recommended adjustments. Discussion: Costs to conduct closure, post-closure, and prepare a corrective action plan have been adjusted by a inflationary index provided by CalRecycle. In 2016, the estimated cost total was $13.18 million. The adjusted total for 2017 is estimated to be $13.36 million, a 1.3 percent increase. The change in cost due to the annual inflation factor provided by CalRecycle was anticipated in the analysis done by staff in determining a financing strategy for the project, of which revenue factor of$14 per ton tipping fee surcharge at the transfer station was a part. No adjustments to that surcharge or the overall financing strategy are recommended at this RECOMMENDED ACTION: Receive and file update to the Landfill Closure Financial Plan. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tim Eriksen, Public Works Director/City Engineer Approved: S e Sang! omo, City Manager time. 2 2 There are no Attachments to this Agenda Item. 3 Presentation Received - 10/18/2017- Agenda Item 3d - Dan Buffalo Landfill CFinancial Plan Update Dan Buffalo, Finance Director October 18, 2017 Landfill Closure Financial Plan ( Update) January 6, 2006, Council considered strategy to fund closure, post-closure, and corrective action plan Costs derived from engineer's estimates 30 year plan/15 year funding Mandated by CalRecycle Resolution 2016-03 requires Finance Director to update council every October City must provide financial assurances to fund closure General fund Landfill Closure Financial Plan ( Update [cont] ) The numbers: Costs (based on engineer's estimates in 2017 dollars*): $13.36 million Closure, post-closure ($12.67 million) Corrective action plan ($669,246) Funding available: $8.24 million in landfill in working capital $14 tipping fee, generated over$300K in FY 2016-17 Roughly half a year worth at the new surcharge amount of $14 per ton Recommended action: No change in strategy recommended at this time * Amounts reported in 2016 were based on cash flow, not including present value Questions Agenda Item No.: 5a MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-148-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Approval of Minutes of October 4, 2017 - a Regular Meeting. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler ATTACHMENTS: Attachment 1- Draft Minutes of October 4, 2017 Summary: Council will consider approving the minutes of October 4, 2017, a regular meeting. Background: N/A Discussion: N/A RECOMMENDED ACTION: Approve Minutes of October4, 2017, a Regular Meeting, as submitted. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Kristine Lawler, City Clerk Approved: S e Sang! omo, City Manager ATTACHMENT 1 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 4, 2017 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE Ukiah City Council met at a Regular Meeting on October 4, 2017, having been legally noticed on September 29, 2017. Mayor Brown called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Stephen G. Scalmanini, Douglas F. Crane, Maureen Mulheren, Kevin Doble, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. The Pledge of Allegiance was led by Dan Lowden. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Status Report, Discussion and Possible Action Regarding the Ukiah Valley Sanitation District's Litigation Against the City of Ukiah Related to the Operation of the Sanitary Sewer System -Administration. Presenter: Sage Sangiacomo, City Manager. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of September 20, 2017— Regular Meeting. b. Minutes for the September 21, 2017 —Adjourned Regular Meeting. Motion/Second: Scalmanini/Mulheren to approve Minutes of September 21, 2017, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, and Brown. NOES: None. ABSENT: None. ABSTAIN: Doble. Motion/Second: Doble/Mulheren to approve Minutes of September 21, 2017, and September 21, 2017, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Adopt Resolution (2017-46) to Extend the Local Preference Purchasing Policy - Finance. b. Notification to City Council of the Purchase of a New 2018 Chevrolet Silverado 1500 Extended Cab Truck, per Specification #E36210 to Maita Chevrolet of Elk Grove, California for the Public Works Department in the Total Amount of $27,649.26 Including Tax and Delivery Charges — Public Works. Page 1 of 4 City Council Minutes for October 4, 2017, Continued: c. Adoption of Resolution (2017-47) Amending the 2017-18 Budget to Incorporate a Project Funded by SB 1: The Road Repair and Accountability Act and approval of corresponding budget amendment— Public Works. d. Authorization of Letter of Concern Regarding the Reduction of Services and Threat of Recreational Closures at Lake Mendocino—Administration. Motion/Second: Doble/Scalmanini to approve to Approve Consent Calendar Items 7a-d, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment was received. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Sage Sangiacomo, City Manager; Tim Eriksen, Public Works Director/City Engineer; and Craig Schlatter, Community Development Director. 11. PUBLIC HEARINGS 6:15 PM) a. Appeal of Planning Commission Decision to Approve a Major Use Permit and Major Site Development Permit for Community Center that would Provide Daytime Homeless Services and a Permanent Location for a Winter Homeless Shelter. Presenters: Craig Schlatter, Community Development Director and Kevin Thompson, Planning Manager. PUBLIC HEARING OPENED AT 6:20 P.M. Appellant Comment: Ed Haynes. Proponent Comment: Camille Schraeder, Redwood Community Services (RCS) Executive Director; Sage Wolf, RCS Program Manager; and Dan Anderson, RCS Clinical Director. Public Comment: Marigold Klein, Jacqueline Williams, Rick Johnson, Anna Shaw, John McCowen (speaking as a private citizen), Ann Giberson-Webb, Paul Otto, Katie Gibson, Martha (Surname not given; Interpreter Alicia Tielo Martinez), Joel Sonilla, Maria Escamilla, Jenny Kimbler, Bill Fisette, Que B Anthony, Tim Schraeder, Carol Rosenberg, Mike Zeman, Mike Pallesen, Alan Nicholson, Carmel Angelo, Giny Chandler, Libby Guthrie, David Johnson, Don Crawford, Gary Nevel, Burk Carley, David Minsinger, Madrone Maltas, Connie Patterson, Cathy Harpe, Tami Moss Chandler, Tony Novelli, Patrice Mascolo, Erica Nunez-Reyes, Sharon Govern, Don Popowski, Mark Mountanos, Traci Boyl,Alejandra Sanchez, Tony Marsh, Tommie Thompson, Daphne MacNeil, John Lazaro, and Mark Hilliker. City Clerk, Kristine Lawler, left at 7:55 p.m., due to illness. Deputy City Manager, Shannon Riley, filled the clerk position to the conclusion of the meeting. PUBLIC HEARING CLOSED AT 8:37 P.M. RECESS: 8:37— 8:52 PM Appellant Comment: Ed Haynes. Page 2 of 4 City Council Minutes for October 4, 2017, Continued: Proponent Comment: Camille Schraeder, Redwood Community Services Executive Director. Motion/Second: Doble/Crane to uphold the Planning Commission's approval of a Major Use Permit and Major Site Development Permit No. 2749 SDP UP-PC,with modified Conditions of Approval No. 7 (Page 2, Condition No. 7, 1"Sentence, by striking the word "approved"so that the sentence reads, "The Homeless Services Community Center Program Plan, included as Exhibit A, shall be strictly followed and enforced by the applicants.'), and modified Exhibit A (Attachment#4 of the Staff Report will become `Exhibit A', with the title changed to read, "Homeless Community Services Program Plan'; and on Page 26, under heading, 'XI. Program Policies—a. Changes to the Program Manual," change last section of the last sentence to read, "...without receiving approval from the City Zoning Administrator utilizing the same review procedures as a Use Permit.'), based on the Findings to adopt the Major Use Permit and Major Site Development Permit and the project's consistency with the Ukiah General Plan; the use and development standards of the C-2 Zoning District; Article 15.5 of the Ukiah Municipal Code; and the Homeless Shelter operating standards found in Resolution 2001-15. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. RECESS: 9:53— 10:03 P.M. 12. UNFINISHED BUSINESS qlu, 13. NEW BUSINESS a. Appointment and Approval of Updated 2017 Council Special Assignment List Showing a Reassignment to the Mendocino Transit Authority (MTA) Board of Directors, and Possible Discussion/Action on Other Ad Hocs and/or Committee Assignments. Presenter: Sage Sangiacomo, City Manager Motion/Second: Crane/Dobie to appoint Councilmember Scalmanini to sit on the Mendocino Transit Authority (MTA) Board of Directors and direct the City Clerk to update the 2017 Council Special Assignment List. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. c. Approve Plans and Specifications for Smith Street Rehabilitation Project, Specification No. 15-12, Direct Staff to Advertise for Bids, and Approve Corresponding Budget Amendment. Presenter: Tim Eriksen, Public Works Director/City Engineer. Motion/Second: Crane/Scalmanini to approve plans and specifications for the Smith Street Rehabilitation Project, Specification No. 15-12, direct staff to advertise for bids, and approve corresponding budget amendment. Motion carried by the following roll call votes:AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. d. Award Contract for the Removal and Installation of Two Rite Boilers at the Wastewater Treatment Plant, and Approve Corresponding Budget Amendment. Presenter: Tim Eriksen, Public Works Director/City Engineer. Motion/Second: Crane/Mulheren to award a contract (COU No. 1718-127) for the removal and installation of two Rite boilers at the Wastewater Treatment Plant, and approve corresponding budget amendment. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. RECESS 10:15— 10:21 P.M. Page 3 of 4 City Council Minutes for October 4, 2017, Continued: b. Proposal to Adjust Solid Waste Rates and Adoption of Resolutions to Initiate Prop 218 Process. Presenters: Daniel Buffalo, Finance Director and Tim Eriksen, City Engineer and Public Works Director. Public Comment: Emmet Jones. Motion/Second: Crane/Brown to approve and authorize the resolutions initiating the Prop 218 process (2017-48) and establishing procedures (2017-49) to notify residential ratepayers of the proposed changes to solid waste curbside collection rates, initiate the City's proprietary rate-setting procedures under City Code section 3953, and establish December 6, 2017, at 6:15 PM, for a public hearing to receive potential protests and consider adjusting solid waste rates for residential and commercial ratepayers. Motion carried by the following roll call votes: AYES: Crane, Mulheren, Doble, and Brown. NOES: Scalmanini. ABSENT: None. ABSTAIN: None. COUNCIL ADJOURNED TO CLOSED SESSION AT 11:03 P.M. 14. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation (Cal. Gov't Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 (Palace Hotel) b. Conference with Legal Counsel — Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Sonoma County Superior Court, Case No. SCV 256737 (UVSD) c. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: 429 South Dora St. Ukiah, CA 95482 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: City of Ukiah and Ukiah Unified School District; Under Negotiation: Price & Terms of Payment 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:40 p.m. Kristine Lawler, City Clerk Page 4 of 4 Agenda Item No.: 7a MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-173-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of September 2017. DEPARTMENT: Finance PREPARED BY: Candice Rasmason ATTACHMENTS: Attachment 1- September 2017 Summary of Disbursements Attachment 2-Account Codes for reference Attachment 3- Object Codes for reference Attachment 4- September 2017 Disbursement Detail Summary: Payments made during the month of September 2017 are summarized on the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month. Background:Accounts Payable Check Numbers (City): 3023637 - 3023708; 3023727 - 3023818; 3023836 - 3023941; 3023942 - 3024028 Accounts Payable Check Numbers (UVFD): 3023630 - 3023636; 3023709 - 3023714; 3023715 - 3023726; 3023819 - 3023835 Accounts Payable Wire Transfers: N/A Payroll Check Numbers: 505261 - 505318; 505322 - 505360; 505361 - 505391 Payroll Manual Check Numbers: N/A Void Check Numbers: N/A RECOMMENDED ACTION: Approve the Report of Disbursements for the month of September 2017. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Approved: S e Sang! omo, City Manager Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Attachment#1: September 2017 Summary of Disbursements Attachment#2: Account Codes for reference Attachment#3: Object Codes for reference Attachment#4: September 2017 Disbursement Detail 2 2 CITY OF UKIAH Attachment 1 REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER FUNDS: 100 General Fund $205,183.45 700 Sanitary Disposal Site Fund $15,785.31 105 Measure S General Fund $246.00 701 Landfill Corrective Fund 110 Special General Fund 702 Disposal Closure Reserve Fund 201 Worker's Comp Fund $511.36 704 Post Closure Fund-Solid Waste $0.00 202 Liability Fund 720 Golf Fund $773.97 203 Garage Fund $24,387.55 730 Confernence Center Fund $7,368.35 204 Purchasing Fund $767.03 750 Visit Ukiah $0.00 205 Billing&Collections Fund $16,820.99 777 Airport Fund $22,928.67 206 Public Safety Dispatch Fund $828.32 778 Airport Capital Improvement Fund 207 Payroll Posting Fund $243,137.63 779 Special Aviation Fund 208 Building Maintenance/Corp Yard Fund $17,489.86 800 Electric Fund $873,273.11 209 IT Fund $18,573.93 801 Electric Capital Reserve Fund $43,375.79 220 Equipment Reserve Fund $31,131.83 803 Lake Mendocino Bond Reserve 250 Special Revenue Fund $30.58 805 Street Lighting Fund $12,24029 251 Special Projects Reserve Fund $5,506.67 806 Public Benefits Fund $655.99 300 Park Development Fund 820 Water Fund $98,052.54 301 Anton Stadium Fund $0.00 822 Water Capital Improvement Fund $273,821.34 302 Observatory Park Fund 830 Recycled Water Fund $1,859.66 304 Swimming Pool Fund $0.00 305 Riverside Park Fund $0.00 840 City/District Sewer Fund $424,879.93 306 Skate Park Fund $0.00 841 Sewer Contruction Fund 310 Museum Grants 843 Sewer Capital Fund 311 Alex Rorbaugh Recreation Center Fund $2,916.41 900 Special Deposit Trust $9,447.19 312 Downtown Business Improvement Fund 901 General Service(Accts Recv) $1,940.12 313 LMIHF Housing Asset Fund 902 U.S.W.Billing&Collection $24,546.51 314 Winter Special Events $48,184.50 903 Public Safety-AB 109 $0.00 500 2106 Gas Tax Fund 905 Federal Emergency Shelter Grant 501 2107 Gas Tax Fund 905 Mendocino Emergency Service Authority 503 2105 Gas Tax Fund 911 Russian River Watershed Association 505 Signalization Fund 940 Sanitation District Special Fund 506 Bridge Fund 943 Sanitation District Capital Improvement Fund 507 1998 STIP Augmentation Fund 952 REDIP Sewer Enterprise Fund 508 SB325 Reimbursement Fund 960 Community Redevelopment Agency 509 S.T.P.Fund 961 RDA Housing Pass-Through 510 Trans-Traffic Congest Relief Fund 962 Redevelopment Housing Fund 600 Community Development Block Grant 963 Housing Debt 601 EDBG 94-333 Revolving Loan 964 RDA Capital Pass-Through 602 Community Development Fund 965 Redevelopment Capital Improvement Fund 603 08-HOME-4688 966 Redevelopment Debt Service 604 CDBG Grant 09-STBG-6417 967 Housing Bond Proceeds 605 11-HOME-7654 Fund $0.00 968 Non-Housing Bond Proceeds 606 CDBG Grant 10-EDEF-7261 969 RDA Obligation Retirement Fund 607 Prop 84 Grant Fund 844/944 Sewer Capital Projects Fund $9,760.32 609 13-CDBG-8940 915 UVFD $34,14924 610 City RDA Projects Fund Retainage Withheld $30,319.66 630 Asset Seizure Fund $6,086.35 631 Asset Seizure Fund(Drug/Alcohol) 633 H&S Education 11489(B)(2)(A1) 634 Federal Asset Seizure Grants 635 SUP Law Enforcement Service Fund 637 Local Law Enforcement Block Grant 638 Asset Forfeiture 11470.2 H&S 639 Special Revenue-Police $0.00 640 Parking District Fund $811.73 691 Museum Fund $4,744.86 PAYROLL CHECK NUMBERS: 505261-505318 TOTAL DEMAND PAYMENTS-A/P CHECKS $2,512,537.04 DIRECT DEPOSIT NUMBERS: 83476-83693 TOTAL DEMAND PAYMENTS-WIRES*&EFTs $322.00 PAYROLL PERIOD: 8/13/17-8/26/17 TOTAL PAYROLL CHECKS&DIRECT DEPOSITS $1,214,141.50 PAYROLL CHECK NUMBERS: 505322-505360 TOTAL PAYROLL EFT's(TAXES,PERS,VENDORS) $776,342.03 DIRECT DEPOSIT NUMBERS: 83694-83897 'vendor name(if applicable) PAYROLL PERIOD: 8/27/17-9/9/17 PAYROLL CHECK NUMBERS: 505361-505391 DIRECT DEPOST NUMBERS: 83898-84096 PAYROLL PERIOD: 9/10/17-9/23/17 VOID CHECK NUMBERS: TOTAL PAYMENTS $4,503,342.57 MANUAL CHECK NUMBERS: WIRE TRANSFER NUMBERS: CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds. 3 City Manager Director of Finance Account Code Summary Attachment 2 10000000 General Fund 20526430 Electric Department-Meter Readers 10010000 City Council 20620231 Ukiah Dispatch 10011100 City Clerk 20620232 Ft Bragg Dispatch 10011300 Elections 20700000 Payroll Posting Fund 10012100 City Manager 20822500 Building Maintenance 10012200 Administrative Support 20824300 Corporation Yard 10012400 Miscellaneous General Government 20922900 IT Fund 10013400 Finance Department 22013300 FA Replace- Finance UB 10014000 City Attorney 22020200 FA Replace- Police Operations 10015100 Treasury Management 22021210 FA Replace- Fire Administration 10016100 Human Resources 22022900 FA Replace- Information Technology 10017100 Economic Development 22024100 FA Replace-Garage 10018000 Community Outreach 22024220 FA Replace-Streets 10020217 Animal Control 22024413 FA Replace-Water Distribution Cap 10022100 Parks 22024414 FA Replace-Water Distribution O&M 10022300 Aquatics 22024421 FA Replace-City Wastewater 10022800 Recreation 25024210 Engineering Reserve 10022810 Recreation Administration 25024300 Corporation Yard Reserve 10022821 Adult Basketball 25122900 CIP- IT 10022822 Adult Softball 25123100 CIP- Planning 10022824 Co-Ed Volleyball 25124210 CIP- Engineering 10022831 Youth Basketball 25124220 CIP-Streets 10022832 Youth Softball 25124410 CIP-Water 10022840 Day Camp 25124421 CIP-City Wastewater 10022850 Classes&Clinics 25126410 CIP- Electric 10022860 Special Activities 30022200 Park Development 10023100 Community Planning 30122210 Anton Stadium 10023320 Building Inspection 30222220 Observatory Park 10024210 Engineering 30522250 Riverside Park 10024214 Traffic Signals 30622260 Skate Park 10024220 Streets 30822280 Project Planning 10024224 Storm Drains 31022700 Museum Grant 10514000 Police-City Attorney 31122870 Alex Rorabaugh Recreation Center 10520210 Patrol 31217100 Downtown Business Improvement District 10520214 Police Reserves 50524210 Engineering-Signalization Fund 10520216 COPS Grant 50624210 Capital Engineering 10520218 Police-CSO 50824210 SB325- Engineering 10520224 Police- Major Crimes Task Force 50824220 SB325-Streets 10521210 Fire Administration 50924210 STP- Engineering 10521312 Fire Volunteer Station 50924220 STP-Streets 20112400 Worker's Compensation Fund 51024220 Trans-Traffic Slurry Seal 20212400 Liability Fund 510X9999 Trans-Traffic Project 20324100 Garage Fund 60217441 Grant-CDBG 602 20413500 Purchasing Fund 60317442 Grant- HOME 603 20513300 Billing and Collections 60417441 Grant-CDBG 604 20514000 Billing and Collections-City Attorney 60517442 Grant- HOME 605 4 20524412 Water Department- Meter Readers 60517461 First Time Homebuyer Program Account Code Summary Attachment 2 60517462 FTHB Activity Delivery 80026130 Electric Substation 60517467 FTHB- PIR 80026140 Reimbursable Work for Others 60600000 CDBG Grant 10-EDEF-7261 Fund 80026200 Electric Metering 60617441 Grant-CDBG 606 80026300 Electric Generation 60617451 General Administration 80026312 Mendocino Hydro 60617452 AD ED Direct Financial Assistance 80026330 Hydro Electric 60617453 ED Direct Financial Assistance 80026400 Electric Administration 60717443 Grant Prop 84 80026410 Electric General Administration 60724413 Prop 84 Water Distribution Cap 80026430 Interdepartmental Charges 60900000 13-CDBG-8940 80326330 Hydro Plant 60917458 13-CDBG-8940 80526610 Street Lighting 63020210 Asset Seizure Expenditure 80626500 Public Benefit 63120210 Drug&Alcohol Education 82024410 Water 63320210 H&S Asset Seizure Expenditure 82024411 Water- Production O&M 63420250 Fed Asset Seizure Expenditure 82024413 Water- Distribution Capital 63520210 SLESF 82024414 Water- Distribution O&M 63820210 Asset Forfeiture 11470 82024415 Water- Production Capital 64020213 Parking Enforcement 82224413 Water- Distribution Capital 69122700 Museum 84024420 Wastewater 70024500 Landfill 700 84024421 Wastewater City-O&M 70224500 Landfill Closure 84024422 Wastewater City-Capital 70424500 Landfill Post closure 84024425 Wastewater Treatment-O&M 72022400 Golf 84124426 Wastewater Treatment-Capital 73022600 Conference Center 84224420 Wastewater 75017110 Visit Ukiah 84324422 Wastewater City-Capital 77725200 Airport Operations 84424421 Wastewater City Capital -O&M 77817411 FAA Grant 84424422 Wastewater City-Capital 80026100 Electric Administration 90000000 Special Deposit Trust Fund 80026110 Electric Overhead 91190100 Russian River Watershed Assoc 80026120 Electric Underground 96900000 Successor Agency 5 Object Code Summary Attachment 3 12102 INVENTORY OF SUPPLIES 52526 FRAUD INVEST. ASSESSMENT 12103 STORES PURCHASES 52527 A.D.P. PREMIUM & DEDUCTIBLE 12104 INVENTORY- PURCHASES 52528 LIABILITY INSURANCE 12105 STORES ISSUES 52529 EARTHQUAKE & FLOOD PREMIUMS 51211 PERS UNFUNDED LIABILITY 52530 POLLUTION-ENVIRON INS PREMIUM 51280 OVERTIME/CALLOUT MEALS 52531 UMEMPLOY. INS EXPENSE 51285 CALLOUT MILEAGE REIMBURSEMENTS 52532 SAFETY &TRAINING SUPPORT 52100 CONTRACTED SERVICES 52600 RENT 52107 CONTRACTED SERVICES-EIR 52841 SUCCESSOR AGENCY ADMIN 52108 CONTRACT SERVICES-GPU 54100 SUPPLIES 52110 AMBULANCE BILLING 54101 POSTAGE 52111 MAINT. CONTRCTS - DEFIBRULATOR 54102 SMALL TOOLS 52112 M. S. OVERSIGHT 54105 PHOTOGRAPHIC EXPENSE 52113 PLANNING STUDIES 54106 SPECIALTY SUPPLIES 52114 COMPLIANCE STUDIES 54120 PW- SPECIAL SUPPLIES 52120 LABOR CHARGES FROM OTHER DEPAR 54121 PW-ASPHALT CONCRETE 52130 EDUCATIONAL& MARKETING MATL'S 54122 PW-AGGREGATE BASE 52131 ASSISTANCE TO SENIORS 54123 PW- CRACK SEALANT 52132 EMERGENCY ASSISTANCE 54124 PW- CONCRETE/SUPPLIES 52133 MONTHLY DISCOUNT PROGRAM 54125 PW-TRAFFIC PAINT 52134 CONTRACT ADMINISTRATION 54126 PW-PREMARKS 52135 ENERGY CONSERVATION PROGRAM 54127 PW- SIGN POSTS/SHEETING 52136 PHOTOVOLTAIC RATES/INCENTIVE 54128 PW- COLD PATCH MATERIAL 52137 PUBLIC BENEFITS PROGRAM MGMT 54129 PW-TACK OIL 52138 NCPA PUBLIC BENEFITS PROGRAM 54130 PW- SAFETY 52139 RESEARCH, DEVELOPMENT& DEMO 54131 PW- BARRICADES & CONES 52140 LITIGATION EXPENSES 54160 HR -CITY LIABILITY & CONTRACT 52145 DETACH MENT-SEWER-UVSD 54161 HR - BACKGROUND & PHYSICALS 52150 LEGAL SERVICES/EXPENSES 54162 HR -ADVERTISING 52151 AFLAC& PERS INSUR ADMIN FEES 54163 HR - INTERVIEW SUPPLIES 52170 UKIAH WASTE SOLUTIONS 54164 HR - FORMS & OTHER DIV. EXP. 52171 RESIDENTIAL BILLING CHARGE 54165 HR - NEW EMPLOYEE FINGERPRINT 52172 COMMERCIAL OVERSIGHT FEE 54166 HR - DOT TESTING PROGRAM 52180 SECURITY SERVICES 54167 HR - EMPLOYEE DEVELOPMENT 52301 PROPERTY TAX ADMIN FEE 54168 HR - REMIF SAFETY TRNG & SUPPO 52302 AMBULANCE FEES 54201 PRISONER EXPENSE 52303 REHIT SUPPORT 54202 MAJOR CRIME INVETIGATIONS 52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE 52500 TRUSTEE FEES 55100 TELEPHONE 52510 ADVERTISING & PROMOTION 55200 PG&E 52515 ADVERTISING & PUBLICATION 55210 UTILITIES 52521 LIABILITY INSURANCE PREMIUM 56100 VEHICLE & EQUIPMENT MAINT. & R 52522 LIABILITY INSURANCE DEDUCT 56110 CITY GARAGE - PARTS 52523 BOILER/MACHINERY PREMIUMS 56111 CITY GARAGE - LABOR 52524 PROPERTY INSURANCE 56112 EQUIPMENT PARTS FOR RESALE 6 52525 WORKER'S COMP. EXPENSE 56120 EQUIPMENT MAINTENANCE & REPAIR 56121 R & M RADIO EQUIPMENT 80235 SYSTEM MAINTENANCE 56122 R & M NON-AUTO EMS EQUIPMENT 80236 EMERGENCY/CONTINGENCY 56123 R & M COMPUTERS 90100 LOAN PROCEEDS 56124 MAINT CONTRACT DEFIBULATORS 90101 LOAN PAYMENT RECEIVED 56130 EXTERNAL SERVICES 90301 LOAN REPAYMENT 56210 FUEL& FLUIDS 90410 BOND PROCEEDS 56300 BUILDING MAINT. & REPAIR 56410 EQUIPMENT RENTAL- PRIVATE 56504 FACILITY MAINTENANCE & REPAIR 56600 AIRFIELD MAINTENANCE & REPAIR 56700 LANDFILL CLOSURE EXPENSE 57100 CONFERENCE &TRAINING 57101 CONF &TRAINING-AQUATICS 57102 CONF &TRAINING-PARKS STAFF 57200 MEETINGS 57300 MEMBERSHIPS & SUBSCRIPTIONS 58101 NCPA PLANT GENERATION 58102 NCPA POWER PURCHASES 58103 NCPA TRANSMISSION 58104 NCPA MANAGEMENT SERVICES 58105 NCPA THIRD PARTY SALES 58106 NCPA PASS THROUGH COSTS 58107 NCPA COMMITMENTS ACTIVITY 58201 WATER PURCHASES 58202 WATER TREATMENT PLANT CHEMICAL 58401 AVIATION FUEL 58410 GARAGE LUBRICANTS & PARTS 58510 REIMBRSABLE JOBS 59100 PROPERTY TAXES PAID 59101 FEES 59102 FRANCHISE FEES 59350 PURCHASE DISCOUNTS TAKEN 59400 OTHER EXPENSES 70101 LOAN PAYMENTS MADE 70102 BOND INTEREST PAYMENTS 70110 BOND ISSUANCE COSTS 70201 LOAN PRINCIPAL PAYMENTS 70202 BOND PRINCIPAL PAYMENTS 80100 MACHINERY & EQUIPMENT 80200 BUILDINGS ACQUISITION 80210 LAND ACQUISITION 80220 BUILDING IMPROVEMENTS 80230 INFRASTRUCTURE 80231 RECYCLING STUDY 50%GRANT MATC 80232 LINE REPLACEMENTS 80233 MAIN REPLACEMENTS 7 80234 1 N F LO W/I N FILTRATION ATTACHMENT 4 List of Checks Presented for Approval on 9/8/2017 The following list of bills payable was reviewed and approved for payment. e Signature Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail ALONZO FRIAS TA 8114- TRAVEL ADVANCE $360.00 84024425-57100 CONFERENCE&TRAINING $360.00 12/11/17 •.........-..•- Vendor Total. $36000 ALPHA ANALYTICAL 7081105- MONITORING WELLS- $58200 70024500-52100 CONTRACTED SERVICES $58200 LABORATORIES INC UKIAHLF QUATERLY 7081806- MONITORING WELLS- $3.263.95 70024500-52100 CONTRACTED SERVICES $3,263.95 UKIAHLF QUATERLY 7081159- MONITORING WELLS- $4.658.95 70024500-57700 CONTRACTED SERVICES $4,658.95 UKIAHLF QUATERLY 7072773- MONITORING WELLS- $5.281.50 70024500-52700 CONTRACTED SERVICES $5,281.50 UKIAHLF QUATERLY 7071548 MISCELLANEOUS SERVICES,NO. $780,00 80026110-52100 CONTRACTED SERVICES $390.00 UKIAHELEC 2 80026120-52100 CONTRACTED SERVICES $390,00 7062862- MISCELLANEOUS SERVICES,NO. $1,820.00 80026110.52700 CONTRACTED SERVICES $910,00 UKIAHELEC 2 80026120-52100 CONTRACTED SERVICES $91000 ...........•.-. Vendor Total; $16,366.40 ARAMARK UNIFORM SERVICES 7034.53662 MAT&TOWEL SERVICE $95.75 20822500-56300 BUILDING MAINT.&REPAIR $95.75 703474097 MAT&TOWEL SERVICE 595.75 20822500-56300 BUILDING MAINT&REPAIR $95,75 703443524 MAT&TOWEL SERVICE $59.52 31122870-56300 BUILDING MAINT &REPAIR 559.52 703453663 MAT&TOWEL SERVICE $73,75 73022600-56300 BUILDING MAINT&REPAIR $73.75 8 List of Checks Presented for Approval on 9/8/2017 Invoices 'Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account ARAMARK UNIFORM SERVICES 703474098 MAT&TOWEL SERVICE $7375 73022600-56300 BUILDING MAINT &REPAIR $7375 703463988 MAT&TOWEL SERVICE $59.52 31122870-56120 EQUIPMENT MAINTENANCE& $59.52 REPAIR 703443541 UNIFORM SVC-AIRPORT $55.94 77725100-54100 SUPPLIES $5594 703464005 UNIFORM SVC-AIRPORT $55.94 77725200.54100 SUPPLIES 555.94 703474120 UNIFORM SVC-AIRPORT $55.94 77725200-54100 SUPPLIES $55.94 703453686 UNIFORM SVC-AIRPORT $56.86 77725200-54100 SUPPLIES S5686 703412879 UNIFORM SVC-AIRPORT $15758 77725200-54100 SUPPLIES $15758 --------------- Vendor Total: 5840.30 ARGONAUT CONSTRUCTORS 9 2016 SEWER&WATER $336.888.25 82224413-80230 INFRASTRUCTURE S25,07879 REPLACEMENT 84024421-80230 INFRASTRUCTURE 5311.809.46 ............... Vendor Total: $336,888.25 ARROW FENCING 76995 FRONT GATE $189.66 84024425-56120 EQUIPMENT MAINTENANCE& $16966 REPAIR ............... Vendor Total: $18966 BANNERS&SIGNS 4882 OPENICLOSED BANNER $35764 77725200-54100 SUPPLIES $35764 ............... Vendor Total. $35764 BAY CITY BOILER& 30956 REPAIR OF LEAK ON INNER $5.445.00 84024425.52100 CONTRACTED SERVICES $5,445.00 ENGINEERING CO INC SPIRAL ............... Vendor Total: 55.445.00 BLACK OAK COFFEE ROASTERS 8722 MISC COFFEE SUPPLIES AS $45.00 73022600-54100 SUPPLIES $45.00 NEEDED --------------- Vendor Total: 545,00 CONVERGENT COMPUTING 3ILL45911 PEST CONTROL SVCS 5337.50 20913900-54320 SOFTWARE $337.50 ............... Vendor Total. $337.50 9 List of Checks Presented for Approval on 9/8/2017 Invoices Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail CWEA SF-D20857 REGISTRATION Sao GO 20324100-57100 CONFERENCE&TRAINING $80.00 ----------- --- Vendor Total: $80.00 DANIEL STEEL&MACHINE INC 14132 REPAIR BORE&BROACH HUB $190 0O 840 2442 5-56 120 EQUIPMENT MAINTENANCE& $190.00 REPAIR ............... Vendor Total: 5190.00 DAVID KIRCH TA 9/22117 TRAVEL ADVANCE 525.00 20324100-57100 CONFERENCE&TRAINING $25.00 --------------- Vendor Total: $25.00 DIALED IN ATHLETICS 1181 MONITORING-STREETIWATER $118.20 90000000-23252 DISTRICT USE TAX-LIBRARIES ($0.12) DEPT 90000000-23028 MEASURE Y DISTRICT TAX ($0.48) 10022821-54100 SUPPLIES $0-60 10022821-54100 SUPPLIES $118.20 Vendor Total: $118.20 EUREKA OXYGEN CO U 142414 EQUIPMENT MAINTENANCE $773.80 20324100-54102 SMALL TOOLS $773.80 UB 4043 EQUIPMENT MAINTENANCE $85900 20324100-54102 SMALL TOOLS $859.00 U 142378 EQUIPMENT MAINTENANCE 5669.82 20324100-54100 SUPPLIES $669.82 U 142680 EQUIPMENT MAINTENANCE $31464 84024421-54100 SUPPLIES $314.64 --------------- Vendor Total: $2,617.26 FASTENAL CAUKA27638 MISC SUPPLIES AS NEEDED $230.20 77725200-56300 BUILDING MAINT 8 REPAIR 5230.20 --------------- Vendor Total: $230.20 FISHER WIRELESS SVCS INC 228597 COMMUNICATION EQUIP&MISC 561 03 80026400-56130 EXTERNAL SERVICES $61.03 REP Vendor Total: $61.03 10 List of Checks Presented for Approval on 9/8/2017 Invoices 'Vendor .ice# Invoice Description Invoice Amt Invoice Account Detail GABE OUINONEZ TA 08114- TRAVEL ADVANCE 51,515.60 82024411-57100 CONFERENCE&TRAINING $1,515.60 12/11/17 -...-.--'---'-- Vendor Total: $1.515.60 GCS ENVIRONMENTAL EQUIP 16138 PARTS&SUPPLIES AS NEEDED $206.26 10024220-56130 EXTERNAL SERVICES $206.26 SRVS --------••---•- Vendor Total: $208.26 GINA GRECO DVD83117 INSTRUCTOR $1,613.50 10022850-52100 CONTRACTED SERVICES $1,613.50 ............... Vendor Total: $1,613.50 GOLDEN GATE BRIDGE TOLL 7711798304691 BRIDGE TOLL $30.00 10020210-54100 SUPPLIES $30.00 -•-••---------- Vendor Total: $30.00 GOVERNMENT FINANCE DVO90717 BUDGET PRESENTATION AWARD $550.00 10013200-57300 MEMBERSHIPS& $550.00 OFFICERS ASSOC PROGRAM SUBSCRIPTIONS ............... Vendor Total: $550.00 INNOVATIVE UTILITY PRODUCTS SFD20716 REPAIR OF FAULT WIZARD $687.86 90000000-23252 DISTRICT USE TAX-LIBRARIES ($0.20) CORP 90000000.23237 DISTRICT USE TAX-MEASURE S ($0.81) 90000000-23028 MEASURE Y DISTRICT TAX ($0.81) 80026120-54102 SMALL TOOLS $13.46 80026120-54102 SMALL TOOLS $687.86 90000000-23013 STATE USE TAX LIABILITY ($11.64) Vendor Total: 8687.86 JAMES O'BRIEN DVO83017 REIMBURSE CALL OUT MEAL $27.86 80026210-54100 SUPPLIES $27.86 --------------- Vendor Total: $27.86 JESS KEREKES DV083017 REIMBURSE MILEAGE AND $1,406.08 8002621057100 CONFERENCE&TRAINING $404.46 LODGING 11 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor •ice Description Invoice Amt Invoice AccountDetail JESS KEREKES DVO83017 REIMBURSE MILEAGE AND $1.406.08 80026210-57100 CONFERENCE&TRAINING $1,001.62 LODGING Vendor Total: $1.406.08 KENNETH LAVINE 073117 FORK UFT RACK ST74.06 84024425-56130 EXTERNAL SERVICES $774.06 Vendor Total: $774.06 KEVIN PIERACHIM TA 9/22M7 TRAVEL ADVANCE $25.00 20324100-57100 CONFERENCE&TRAINING $25.00 ....-----'----- Vendor Total: $25.00 LEWIS WHITE POST 976-UKIAH DVO82917 REIMBURSE MEAL VOUCHER- $61.00 90000000-23226 CONCERT SERIES $61.00 CONCERTS IN THE PARK ............... Vendor Total: $61.00 MENDO MILL&LUMBER CO 083117 ITEM RETURN (55.96) 10000000-48110 MISCELLANEOUS RECEIPTS ($5.96) {75965/1 MARINE HOSE $102.92 82024414-54100 SUPPLIES $102.92 Vendor Total: $96-96 MICHAEL INGWELL TA 09124- TRAVEL ADVANCE $270.00 20913900-57100 CONFERENCE&TRAINING $270.00 09/29!17 ... ... Vendor Total:..... .$270.0.0W MOIRS 141098 MISCELLANEOUS POOL $9.09 82024411-58202 CHEMICALS $9.09 SUPPLIES AS 140231 MISCELLANEOUS POOL $346.46 82024411.58202 CHEMICALS $346.46 SUPPLIES AS 140885 MISCELLANEOUS POOL $389.76 82024411-58202 CHEMICALS $389.76 SUPPLIES AS 141095 MISCELLANEOUS POOL $389.76 82024411-58202 CHEMICALS $389.76 SUPPLIES AS 141300 MISCELLANEOUS POOL $389.76 82024411-58202 CHEMICALS $389.76 SUPPLIES AS 140508 MISCELLANEOUS POOL 5433.07 82024411-58202 CHEMICALS $433.07 SUPPLIES AS 12 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor •ice Description Invoice Amt Invoice Account . Detail MORS 141229 MISCELLANEOUS POOL $135.47 10022300-54106 SPECIALTY SUPPLIES $135.47 SUPPLIES AS Vendor Total: $2,093.37 NOR-CAL POWDER COATING INC 51344 POWDER COAT TRASH CAN LIDS $487.69 10024220-54120 PW-SPECIAL SUPPLIES $487.69 .......--•----- Vendor Total: $487.69 NOR-CAL RECYCLED ROCK& 13704 MISC ROCK&ROAD PATCH $1,084.34 10024220-54121 PW-ASPHALT CONCRETE $1,084.34 AGGREGATES INC MATERIA 13637 MISC ROCK&ROAD PATCH $537.17 20824300-54100 SUPPLIES $537.17 MATERIA ............... Vendor Total: $1,621.51 OCT WATER QUALITY ACADEMY DV080B17 REGISTRATION $675.00 82024414-57100 CONFERENCE&TRAINING $675.00 ............... Vendor Total: $675.00 OFFICE DEPOT 93307967DO01 OFFICE SUPPLIES. $74.89 10022610.54100 SUPPLIES $74.89 MISCELLANEOUS ............... Vendor Total: $74.89 ONE TIME PAY VENDOR 083117 MAJOR PLANNING PERMIT#2609 $1,258.38 90000000-21111 PLANNING PERMIT ESCROW $2,000.00 10000000.44830 REIMBURSABLE JOBS ($618.02) 10000000-44830 REIMBURSABLE JOBS ($123.60) DVO82117 REIMBURSE DEPOSIT $300.00 10022100-46350 PLAZA RENTAL $300.00 DVO82817 REIMBURSE SECURITY DEPOSIT $300.00 10022100-46350 PLAZA RENTAL $300.00 --------------- Vendor Total: $1,658.38 OREILLY AUTO PARTS RP2707-359064 DISC PAD SET $77.37 10020210-56130 EXTERNAL SERVICES $77.37 ..........--•-- Vendor Total: $77.37 13 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail PACE SUPPLY CORPORATION 024047910 MISCELLANEOUS ITEMS AS $215.67 20622500-56300 BUILDING MAINT.8 REPAIR $215.67 NEEDED ---•----------- Vendor Total: $215.67 PARTY CREATIONS 1153 MISC PRODUCTS-CONCERTS IN $51.97 90000000-23126 CONCERT SERIES ($51.97) THE PARK 90000000-23226 CONCERT SERIES $103.94 ---------- ---- Vendor Total: $51-97 PHENOVA 133145 PROFICIENCY TESTING $598.47 82024411-54100 SUPPLIES $598.47 SAMPLES -------------- Vendor Total: $598.47 PLATT ELECTRIC SUPPLY N820602 MISC ELECTRICAL SUPPLIES AS $10.87 90000000.23237 DISTRICT USE TAX-MEASURE S ($0.05) NE 90000000-23028 MEASURE Y DISTRICT TAX ($0.05) 80026130-54100 SUPPLIES $0.10 80026130.54100 SUPPLIES $10.87 N103145 MISC ELECTRICAL SUPPLIES AS $266-88 90000000.23237 DISTRICT USE TAX-MEASURE S ($1.25) NE 90000000-23028 MEASURE Y DISTRICT TAX ($1.25) 80026110-54100 SUPPLIES $2.50 80026110-54100 SUPPLIES $266.88 ............... Vendor Total: $27275 POWER INDUSTRIES INC 739968 V-BELT $21.92 84024425-56120 EQUIPMENT MAINTENANCE 8 $21.92 REPAIR ............... Vendor Total: $21.92 POWER PARTNERS INC 84545 ELECTRICAL EQUIPMENT AND $7,386.84 80000000-12104 INVENTORY-PURCHASES $7,386.84 SUPPL ............... VandorTotal: $7,386.84 R EMMETT JONES AUGUST 17 MANAGEMENT ADVISORY $1,387.50 10012100-52100 CONTRACTED SERVICES $1,387.50 SERVICES 14 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail R EMMETT JONES JULY 17 MANAGEMENT ADVISORY $2674 50 10012100-52100 CONTRACTED SERVICES $2,674.50 SERVICES Vendor Total: $4.062.00 RAINFOREST FANTASY 081917 PEER SUPPORT $59.61 10020210-54100 SUPPLIES $59.61 --------------- Vendor Total: $59.61 REDWOOD COAST FUELS 1870691 CARDLOCK FUEL PURCHASES 586,77 8402442556120 EQUIPMENT MAINTENANCE d 586.77 REPAIR 1871541 CARDLOCK FUEL PURCHASES $141.77 8402442556120 EQUIPMENT MAINTENANCE 8 5141.77 REPAIR 1864249 CARDLOCK FUEL PURCHASES $7.061.62 10020210-56210 FUEL 8 FLUIDS $18.41 10020210-56210 FUEL 8 FLUIDS $134.91 10020210.56210 FUEL 8 FLUIDS $2,381.27 10022100-56210 FUEL 6 FLUIDS $789.91 1 00 24 220-5621 0 FUEL 8 FLUIDS $1,39014 20324100-56210 FUEL 8 FLUIDS $178.69 205 13382-5621 0 FUEL 8 FLUIDS $25.07 20822500-56210 FUEL 8 FLUIDS 589.71 80026400-56210 FUEL 8 FLUIDS $1.064.08 82024411-56210 FUEL 8 FLUIDS $310.65 82024414-56210 FUEL 8 FLUIDS $131.88 82024414-56210 FUEL 8 FLUIDS 5200.02 84024421-56210 FUEL 8 FLUIDS $112.34 84024421-56210 FUEL 8 FLUIDS $170.39 84024425-545270 FUEL 8 FLUIDS 564.15 15 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor Name Invoice # Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail REDWOOD COAST FUELS 1868101 CARDLOCK FUEL PURCHASES $7.987.85 10020210-56210 FUEL&FLUIDS $16.46 10020210-56210 FUEL&FLUIDS $134.69 10020210-56210 FUEL&FLUIDS $2,636.44 10020224-56210 FUEL&FLUIDS $68.51 10022100.56210 FUEL&FLUIDS $1.135.05 10024220-56210 FUEL&FLUIDS $1,50420 20324100-56210 FUEL&FLUIDS $152.39 20513382-56210 FUEL&FLUIDS $25.89 20822500-56210 FUEL&FLUIDS $30.05 80026400-58210 FUEL&FLUIDS $905.69 82024411-56210 FUEL&FLUIDS $296.85 62024414-56210 FUEL&FLUIDS $209.73 82024414-56210 FUEL&FLUIDS $233.75 84024421-56210 FUEL&FLUIDS $178.66 84024421-56210 FUEL&FLUIDS $199.12 84024425.56210 FUEL&FLUIDS $260.37 0065424 CARDLOCK FUEL PURCHASES $225.20 20824300-56210 FUEL&FLUIDS $225.20 1867842 CARDLOCK FUEL PURCHASES $96.72 80026220-54100 SUPPLIES $96.72 -•--•••--• Vendor Total: $15,599.93 REDWOOD EMPIRE MUNICIPAL 17-09 MEDICAL,DENTAL,AND VISION $228,028.20 20700000-20524 NON-EMPLOYEE HEALTH $455.00 INSURANCE FUND HEALTHCOMP INSURANCE PREMIUMS INS.PREM 20700000-20524 NON-EMPLOYEE HEALTH $2,084.00 INS-PREM 20700000.20524 NON-EMPLOYEE HEALTH $11,859.00 INS-PREM 16 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor REDWOOD EMPIRE MUNICIPAL 17-09 MEDICAL.DENTAL,AND VISION $228.028.20 20700000-20520 P7R DEDUCT.-MEDICAL INS $196,700.00 INSURANCE FUND HEALTHCOMP INSURANCE PREMIUMS 20 700000-2051 0 REMIFDENTAL $14,091.00 20700000-20511 REMIF VISION $2,839.20 DVO83117 EAP INSURANCE $511.36 20112400.52525 WORKER'S COMP.EXPENSE (511.36 -----'--------- Vendor Total: f228,539.56 REDWOOD EMPIRE TITLE 20171797DN OWNERS POLICY COVERAGE $4,019.00 10024200-70110 BOND ISSUANCE COSTS $4.019.00 COMPANY ............... Vendor Total: $4,019.00 REOA LTD 1203 OFFICIATING OF ADULT $1,82500 10022822-52100 CONTRACTED SERVICES $1,825.00 SOFTBALL Vendor Total: 81,825.00 RINO PACIFIC CL19824 FUEL AS NEEDED $47.35 82024414.56210 FUEL&FLUIDS $25.57 84024421-56210 FUEL&FLUIDS $21.78 CL19698 FUEL AS NEEDED $529.49 82024414-56210 FUEL&FLUIDS $285.93 84024421.56210 FUEL&FLUIDS $243.56 -•-••---------- VendorTotal: $576.84 ROUND TABLE PIZZA SFD18344 CORP YARD CLEAN UP MEAL $245.92 20824300-54100 SUPPLIES $245.92 02-5013 CALL OUT MEAL $180.88 8002612454100 SUPPLIES $180.88 ............... Vendor Total: $426.80 RYAN CAMERON TA 09124- TRAVEL ADVANCE 5485.00 20913900.57100 CONFERENCE&TRAINING $485.00 09/29/17 Vendor Total: $485.00 SWINE COUNTRY BBQ& DVO82917 BAND MEALS FOR CONCERTS IN $90.63 90000000-23226 CONCERT SERIES $90.63 GOURMET GRILL THE PARK 17 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail SWINE COUNTRY BBQ& 547 SUNDAYS IN THE PARK $3,121.20 90000000-23226 CONCERT SERIES $3,121.20 GOURMET GRILL SPONSOR RE Vendor Total: $3,211.83 SAFETY-KLEEN CORPORATION 74384027 PARTS WASHER SERVICE AS $438.92 20324100-52100 CONTRACTED SERVICES $438.92 NEEDED -------- --- - Vendor Total: $43$.92 SANTA ROSA UNIFORM& 1122130 LONG,SHORT SLV SHIRT WITH $438.62 10020210-54100 SUPPLIES $438.62 CAREER APPAREL INC PATCHES Vendor Total: $438.62 SHARON WEDEGAERTNER DV083017 INSTRUCTOR $1.184.40 10022850-52100 CONTRACTED SERVICES $1,164.40 Vendor Total: $1,184.40 SILVA SEPTIC INC 68979 PORTABLE RESTROOM RENTAL $184.24 10024220-52100 CONTRACTED SERVICES $184.24 69084 PORTABLE RESTROOM RENTAL $456.41 82024414-52100 CONTRACTED SERVICES $456.41 .......-•------ Vendor Total: $640.65 SNAP-ON INDUSTRIAL ARV/33418379 TORO $828.44 20324100-54102 SMALL TOOLS $828.44 ARV133392827 BIG SET ORANGE $19.162.54 20324100.54102 SMALL TOOLS $19,162.54 A Vendor Total: $19,990.98 SONSRAY MACHINERY LLC P11916-04 OUTRIGGER PADS $406.43 84024421.56130 EXTERNAL SERVICES $1.90 84024421-56130 EXTERNAL SERVICES $406.43 90000000-23028 MEASURE Y DISTRICT TAX ($1.90) P12568-04 SET OF 2 KEYS $39.57 90000000-23028 MEASURE Y DISTRICT TAX ($0.19) 84024421-54100 SUPPLIES $0.19 18 List of Checks Presented for Approval on 9/8/2017 Invoices ,Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail SONSRAY MACHINERY LLC P1256"4 SET OF 2 KEYS $39.57 84024421-54100 SUPPLIES 539.57 -•-•-•----•---- Vendor Total: $446.00 SOUTHWEST VALVE LLC 4315 8"9001 SWING CHECK VALVE, 52,003.79 84024425-56130 EXTERNAL SERVICES $2,003.79 CLA ---•--------•-- Vendor Total: $2,003.79 STAPLES CREDIT PLAN 31388 OFFICE SUPPLIES,MISC AS $15.57 82024411-52100 CONTRACTED SERVICES $15.57 NEEDE 29348 OFFICE SUPPLIES.MISC AS $55.22 10012100.54100 SUPPLIES $55.22 NEEDE 30053 OFFICE SUPPLIES,MISC AS $48.56 10022840-54100 SUPPLIES $48.56 NEEDE 31489 OFFICE SUPPLIES,MISC AS $48.74 10024210-54100 SUPPLIES $16.25 NEEDE 82024410-54100 SUPPLIES $18.25 84024420-51100 SUPPLIES $16.24 26687 OFFICE SUPPLIES,MISC AS $27.08 20913900-54100 SUPPLIES $27.08 NEEDE 18377268651 OFFICE SUPPLIES,MISC AS ($52.00) 73022600-51100 SUPPLIES ($52.00) NEEDE 1860655831 OFFICE SUPPLIES,MISC AS $11.91 73022600-54100 SUPPLIES $11.91 NEEDE 1860454511 OFFICE SUPPLIES.MISC AS $30.52 73022600.54100 SUPPLIES $30.52 NEEDE 25747 OFFICE SUPPLIES,MISC AS $261.99 75017110-54100 SUPPLIES $261.99 NEEDE 27196 OFFICE SUPPLIES,MISC AS $8.12 77725200-54100 SUPPLIES $8.12 NEEDE 26531 OFFICE SUPPLIES.MISC AS $17.85 77725200-54100 SUPPLIES $17.85 NEEDE 28702 OFFICE SUPPLIES,MISC AS $54.17 80026210-54100 SUPPLIES $54.17 NEEDE 29259 OFFICE SUPPLIES,MISC AS $68.25 80026210-54100 SUPPLIES $68.25 NEEDE 19 List of Checks Presented for Approval on 9/8/2017 Invoices ,Vendor • Description STAPLES CREDIT PLAN 29883 OFFICE SUPPLIES,MISC AS $99.62 82024411-54100 SUPPLIES $99.62 NEEDE 30295 OFFICE SUPPLIES.MISC AS $206.89 82024411-54100 SUPPLIES $206.89 NEEDE 26964 OFFICE SUPPLIES,MISC AS $32.91 84024421-54100 SUPPLIES $32.91 NEEDE Vendor Total: $935.40 STERICYCLE INC 3003952226 'SHARPS'DISPOSAL AS NEEDED $54.96 10020210-54201 PRISONER EXPENSE $54.96 ............... Vendor Total: $54.96 TASC DVW3117 FSA ADMIN FEES $150.00 10016100.52151 AFLAC 8 PERS INSUR ADMIN $150.00 FEES ............... Vendor Total: $150.00 TIM SANTO DV082117 REIMBURSE CALL OUT MEAL $19.84 80026400-54100 SUPPLIES $19.84 --------------- Vendor Total: $19.84 UKIAH TROPHIES$GIFTS 382560 SPONSOR PLAQUES FOR $1.23873 90000000.23226 CONCERT SERIES $1,238.73 SUNDAYSIN Vendor Total: $1.238.73 UNITED SITE SERVICES 114-5633607 PORTABLE TOILET RENTAL $166.81 10022100.52100 CONTRACTED SERVICES $166.81 114-5633608 PORTABLE TOILET RENTAL $166.81 10022100.52100 CONTRACTED SERVICES $166.81 114-5633609 PORTABLE TOILET RENTAL $136.32 80026220.52100 CONTRACTED SERVICES $136.32 114.5669771 PORTABLE TOILET RENTAL $119.19 80100000.80230 INFRASTRUCTURE $119.19 ......•••••-•-- Vendor Total: $589.13 UTILITY DESIGN SERVICES LLC 40 DESIGN,ENGINEERNG 8 $2,552.50 80026400-52100 CONTRACTED SERVICES $2,55250 CONSULTAN Vendor Total: $2,552.50 VERIZON WIRELESS 9791297121 CELL PHONES $1,211.41 10022100.54100 SUPPLIES $38.01 20 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor , VERIZON WIRELESS 9791297121 CELL PHONES $1.21141 10022300-54100 SUPPLIES $38.01 10022840.54100 SUPPLIES $38.01 10020210-55100 TELEPHONE $76.02 10022840.55100 TELEPHONE 538.01 10023100-55100 TELEPHONE $38.01 10024210-55100 TELEPHONE $63.35 10024220-55100 TELEPHONE $25.21 20913900-55100 TELEPHONE $365.52 77725200-55100 TELEPHONE (538.02) 77725200-55100 TELEPHONE $38.01 80026400.55100 TELEPHONE $152.04 82024410-55100 TELEPHONE 582.36 82024411-55100 TELEPHONE $78.49 84024420-55100 TELEPHONE $44.35 84024421-55100 TELEPHONE 5114.03 Vendor Total: $1,211.41 WEST COAST CONSULTING CO 39093 SLOWPITCH SOFTBALLS 5998 42 90000000-23028 MEASURE Y DISTRICT TAX 1$4.25) INC 10022822-54100 SUPPLIES $4.25 10022822-54100 SUPPLIES $998.42 ...---•-------- Vendor Total: $998.42 WILLOW COUNTY WATER DIST 40351-AUG 17 WATER SERVICES-ARRC $2000 31122870-55210 UTILITIES 520.00 40353-AUG 17 WATER SERVICES-ARRC $39.95 31122870-55210 UTILITIES $39.95 21 List of Checks Presented for Approval on 9/8/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail WILLOW COUNTY WATER DIST 61154-AUG 17 WATER SERVICES-WWTP $61.83 84024425.58201 WATER PURCHASES $61.83 Vendor Total: $121.78 WYATT IRRIGATION CO 23521600 PARTS 8 MISC SUPPLIES AS $213.99 90000000-23237 DISTRICT USE TAX-MEASURE S ($1.00) NEEDE 90000000-23028 MEASURE Y DISTRICT TAX ($1.00) 10022100-54100 SUPPLIES $2.00 10022100-54100 SUPPLIES $213.99 Vendor Total: $213.99 INVOICE TOTAL: $678,911.54 22 List of Checks Presented for Approval on 9/15/2017 The following list of bills payable was reviewed and apqroveed for payment. Signature Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail ACCOUNTEMPS 46941171 TEMP SVCS FOR AIP&PAYROLL $992.31 10013400.52100 CONTRACTED SERVICES $992.31 49016031 TEMP SVCS FOR A/P&PAYROLL $995.61 10013400-52100 CONTRACTED SERVICES $995.61 48988650 TEMP SVCS FOR A/P&PAYROLL $1.010.46 70013400-52100 CONTRACTED SERVICES $1,010,46 49134031 TEMP SVCS FOR A/P&PAYROLL $1,056.00 10013400.52100 CONTRACTED SERVICES $1,056.00 49079800 TEMP SVCS FOR A/P&PAYROLL $1,068.87 10013400-52100 CONTRACTED SERVICES $7,068.87 ............... Vendor Total: $5,12325 ACCURATE FORKLIFT INC 011048226 KIT OVERHAUL $154.55 84024425-56130 EXTERNAL SERVICES $072 84024425.56130 EXTERNAL SERVICES $154.55 90000000-23028 MEASURE Y DISTRICT TAX ($0.72) ............... Vendor Total $154.55 ACME RIGGING&SUPPLY CO 287304 MISC RENTAL&SUPPLIES AS $17 73 84024425-56120 EQUIPMENT MAINTENANCE& $1773 NEED REPAIR 287254 MISC RENTAL&SUPPLIES AS $40.08 84024425-56120 EQUIPMENT MAINTENANCE& $40.08 NEED REPAIR 287303 MISC RENTAL&SUPPLIES AS $79.68 84024425-56120 EQUIPMENT MAINTENANCE& $79.68 NEED REPAIR 287361 MISC RENTAL&SUPPLIES AS $113.76 84024425-56120 EQUIPMENT MAINTENANCE& 5113.76 NEED REPAIR 287441 MISC RENTAL&SUPPLIES AS $194,20 84024425-56120 EQUIPMENT MAINTENANCE& $194.20 NEED REPAIR 23 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice AccountDetail ACME RIGGING&SUPPLY CO 287099 MISC RENTAL&SUPPLIES AS $151.69 82024414-54100 SUPPLIES $151.69 NEED ............... Vendor Total: $597.14 AFLAC 830699 SEPTEMBER 2017 $7,215.68 20700000.20527 SECTION 125(CANCER&LIFE) $7,215.68 CANCER/LIFE/ACC INS Vendor Total: $7,215.68 ALHAMBRA NATIONAL WATER 5109554 DRINKING WATER SERVICES $35.69 69122700-54100 SUPPLIES $7.99 090617 77725200-54100 SUPPLIES ($30.00) 84024425.54100 SUPPLIES $57.70 ---- --- Vendor Total: $35.69 ALLIANT INSURANCE SERVICES 691 ANNUAL SLIP POLICY FOR UVSD $2,648.21 84024420-52100 CONTRACTED SERVICES $2,648.21 INC ............... Vendor Total: $2.648.21 ALPHA ANALYTICAL 7082282- MISCELLANEOUS LABORATORY $130.00 84024425-52100 CONTRACTED SERVICES $130.00 LABORATORIES INC UKIAHSTP WORK 7062546- MISCELLANEOUS LABORATORY $193.00 84024425.52100 CONTRACTED SERVICES $193.00 UKIAHSTP WORK 7082447- MISCELLANEOUS LABORATORY $377.00 84024425-52100 CONTRACTED SERVICES $377.00 UKIAHSTP WORK ............... Vendor Total: $700.00 ALSCO-AMERICAN LINEN LSR01009576 COVERALLS&SHOP SUPPLIES $248.10 20324100-52100 CONTRACTED SERVICES $248.10 DIVISION LSR01006359 COVERALLS&SHOP SUPPLIES $248.57 20324100.52100 CONTRACTED SERVICES $248.57 ---------- ---- Vendor Total: $496.67 AMAZON CAPITAL SERVICES 1 FMWMCMM- MISCELLANEOUS SUPPLIES AS $397.39 90000000-23028 MEASURE Y DISTRICT TAX ($0.46) 7RHH NEED 90000000-23013 STATE USE TAX LIABILITY ($0.92) 20513300-54100 SUPPLIES $1.38 24 List of Checks Presented for Approval on 9/15/2017 Invoices iVendor Name Invo ice# Invoice Description Invoice Amt Invoice Account Detail and . Detail AMAZON CAPITAL SERVICES 1FMW-MCMM- MISCELLANEOUS SUPPLIES AS $397.39 20513300-54100 SUPPLIES $397.39 7RHH NEED 14D4-7KR4- MISCELLANEOUS SUPPLIES AS ($112.05) 20513300-54100 SUPPLIES ($112.05) G1VF NEED 1O6N-6PX6- MISCELLANEOUS SUPPLIES AS $37.35 20513300-54100 SUPPLIES 537.35 3GY4 NEED 1CPD-9W7G- MISCELLANEOUS SUPPLIES AS $218.54 60026110-54100 SUPPLIES $109.27 Q1WV NEED 80026120-54100 SUPPLIES 5109.27 1O6N-6PX6- MISCELLANEOUS SUPPLIES AS $47242 80026110-54100 SUPPLIES $236.21 F1W3 NEED 8002612054100 SUPPLIES $236.21 ............... Vendor Total: $1,013.65 APPLE INC 4452368498 129-INCH iPAD PRO WI-FI+CEL $549.46 80100000-80100 MACHINERY&EQUIPMENT $549.46 4452444375 12.9-INCH iPAD PRO WI-FI+CEL $89000 80100000-80100 MACHINERY&EQUIPMENT $890.00 4452274763 12.9-INCH iPAD PRO WI-FI+CEL $1.024.14 60100000-80100 MACHINERY&EQUIPMENT $1.024.14 4453440034 12,9-INCH iPAD PRO WI-FI+CEL $12.706.90 80100000-80100 MACHINERY&EQUIPMENT $1.028.10 60100000-80100 MACHINERY&EQUIPMENT $11.67880 ............... Vendor Total: S15.17050 ARLENE&JIM MOOREHEAD 115921-9 ENERGY REBATE $31000 80526500.52135 ENERGY CONSERVATION $310.00 PROGRAM --------------- Vendor Total: $310.00 AT&T 9678 AUG 17 INTERNET SERVICES $75.00 77725200-55100 TELEPHONE $75.00 SEPT 17 CREDIT CARD TERMINAL 5101.32 7772520055100 TELEPHONE $101.32 Vendor Total: 5176.32 0&B INDUSTRIAL SUPPLY INC 190336 MISCELLANEOUS MATERIALS AS $16.11 84024425-56120 EQUIPMENT MAINTENANCE& $18.11 NEE REPAIR 25 List of Checks Presented for Approval on 9/15/2017 Invoices !Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail B 8 B INDUSTRIAL.SUPPLY INC 190216 MISCELLANEOUS MATERIALS AS $11625 84024425-56120 EQUIPMENT MAINTENANCE 6 $116.25 NEE REPAIR 189886 MISCELLANEOUS MATERIALS AS $137.46 84024425-56120 EQUIPMENT MAINTENANCE 8 $137.46 NEE REPAIR 190070 MISCELLANEOUS MATERIALS AS $827.29 84024425-56120 EQUIPMENT MAINTENANCE& $827.29 NEE REPAIR 190599 MISCELLANEOUS MATERIALS AS $21.91 82024411-54102 SMALL TOOLS $21.91 NEE 190841 MISCELLANEOUS MATERIALS AS $19.36 84024425-54102 SMALL TOOLS $19.36 NEE 190150 MISCELLANEOUS MATERIALS AS $19.92 10022100-54100 SUPPLIES $19.92 NEE 190415 MISCELLANEOUS MATERIALS AS $50.93 10022100-54100 SUPPLIES $50.93 NEE 190529 MISCELLANEOUS MATERIALS AS $486 15 10024210-54100 SUPPLIES $486.15 NEE 190605 MISCELLANEOUS MATERIALS AS $4366 82024414-54100 SUPPLIES $43.66 NEE ............... Vendor Total: 51.741.04 BEN KEFFELER DV090517 REIMBURSE FUEL EXPENSE $13970 80026110-54100 SUPPLIES $62-83 60026110-54100 SUPPLIES $76.87 ............... Vendor Total: $139.70 CANTEEN SERVICE 5975,000922 WATER FILTRATION SERVICE $4500 10020210-54100 SUPPLIES $22.50 POLIC 20620231-54100 SUPPLIES $22.50 -------------'- Vendor Total: $45.00 CHEVRON AND TEXACO 51319717 FUEL AS NEEDED $403.04 10020210-56210 FUEL&FLUIDS $403.04 BUSINESS CARD SVCS ............... Vendor Total: $403.04 CLARK PEST CONTROL 20475249 PEST CONTROL SVCS $92.00 80026210-52100 CONTRACTED SERVICES $92.00 -.-.....----'-- Vendor Total: $92.00 26 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor •ice# Invoice Description Invoice • . Detail and AllocationDetail CLOVER STORNETTA FARMS 0100737924 PROVIDE MISC GOODS AS $88.45 10022300-54100 SUPPLIES $88.45 NEEDED Vendor Total: $88.45 CONSOLIDATED ELECTRICAL 8821.498124 MISCELLANEOUS ELECTRICAL $224.41 84024425-56120 EQUIPMENT MAINTENANCE 8 $224.41 DISTRIBUTORS INC SUPPI REPAIR ------------•-- Vendor Total: $224.41 CRAIG SCHLATTER DVO90517 INTERVIEW PANEL LUNCH $47.10 10023320.57100 CONFERENCE d TRAINING $47.10 TR 8/30/17 MILEAGE REIMBURSEMENT $17.65 10023320-56130 EXTERNAL SERVICES $17.65 ............... Vendor Total: $64.75 CRAWFORD&ASSOC INC 35075 PREPARATION OF DFW PERMITS $3.24665 10024210.52100 CONTRACTED SERVICES $3,246.65 -------••---•-- Vendor Total: $3,246.65 CROSSFIT MENDOCINO CFMO82017CIT CROSS-FIT TRAINING FOR FIRE $333.33 10021210.57100 CONFERENCE&TRAINING $333.33 Y ST CFMO92017CIT CROSS-FIT TRAINING FOR FIRE $333.33 10021210-57100 CONFERENCE&TRAINING $333.33 Y ST ............... Vendor Total: 5686.68 DAVID RAPPORT 6755 LEGAL SERVICES FOR FY 17118 $216.00 10017200.52100 CONTRACTED SERVICES $216.00 6754 LEGAL SERVICES FOR FY 17118 $31,314.02 84424422-52100 CONTRACTED SERVICES $7,618.96 10014000.52150 LEGAL SERVICESIEXPENSES $115.14 10014000-52150 LEGAL SERVICESIEXPENSES $799.48 10014000-52750 LEGAL SERVICESIEXPENSES $19,135.41 20414000-52150 LEGAL SERVICE&EXPENSES $69.52 31422860.52150 LEGAL SERVICE&EXPENSES $434.50 70014000.52150 LEGAL SERVICESIEXPENSES $230.29 27 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail DAVID RAPPORT 6754 LEGAL SERVICES FOR FY 17118 $31,314.02 72022400-52150 LEGAL SERVICESIEXPENSES $771.24 $2014000-52150 LEGAL SERV10ESiEXPENSES $36.50 83024430-52150 LEGAL SERVICESIEXPENSES $1,859.66 84014000-52150 LEGAL SERVICESIEXPENSES $69.52 90214000.52150 LEGAL SERVICEWXPENSES $71.69 91521400.52150 LEGAL SERVICESIEXPENSES $102.11 --------------- Vendor Total: $31.530.02 DELL MARKETING LP 10187253516 2-DELL QSFP d 4068E $405.76 20913900.80100 MACHINERY Q EQUIPMENT $405.76 ............... Vendor Total: $405.76 DOUGLAS CRANE DVO83117 MILEAGE REIMBURSEMENT $242.89 80026400.57100 CONFERENCE B TRAINING $242.89 --------------- Vendor Total: $242.89 EPIC AVIATION LLC 6970588 EPIC CARD SERVICE CC ($56812) 77725200.58401 AVIATION FUEL ($568.12) 7010187 JET-A $15.724.54 77725200-56401 AVIATION FUEL $15,724.54 ............... Vendor Total: $15,156.42 FASTENAL DAUKA27432 MISC SUPPLIES AS NEEDED $1T69 84024425-56210 FUEL d FLUIDS $17.69 -------------- - Vendor Total; $17.69 FOXCROFT EQUIPMENT 8 SVCS 804724 PARTS $867.49 90000000-23252 DISTRICT USE TAX-LIBRARIES ($1.09) 90000000.23237 DISTRICT USE TAX-MEASURE S ($4.34) 82024411-56120 EQUIPMENT MAINTENANCE 6 $72.67 REPAIR 82024411-56120 EQUIPMENT MAINTENANCE 6 $86749 REPAIR 9000000023028 MEASURE Y DISTRICT TAX ($4.34) 28 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail FOXCROFT EQUIPMENT 8 SVCS 804724 PARTS $86749 90000000-23013 STATE USE TAX LIABILITY ($62.90) ............... Vendor Total: $86749 FRED PRYOR SEMINARS 033678969- 12 MONTH RENEWAL ID 917146 $29900 20513300-57100 CONFERENCE 8 TRAINING $299.00 17236 033678968- ANNUAL MEMBERSHIP $29900 10013200-57300 MEMBERSHIPS 8 5299.00 17236 SUBSCRIPTIONS Vendor Total: 5598.00 FREIGHTQUOTE.COM INC 6064946829 SHIPMENT OF ELECTRIC $19700 84024425-56120 EQUIPMENT MAINTENANCE 6 S19700 BRAKER REPAIR 6064845091 SHIPMENT OF FLOWAY PUMP $89516 84024425-56120 EQUIPMENT MAINTENANCE B $895.16 REPAIR --------------- Vendor Total: $1.092.16 FRIEDMANS HOME 36061532 MISC ITEMS AS NEEDED $0.54 20822500-56300 BUILDING MAINT.8 REPAIR $0.54 IMPROVEMENT 36062788 MISC ITEMS AS NEEDED $27.01 20822500-56300 BUILDING MAINT.B REPAIR $27.01 36047805 MISC ITEMS AS NEEDED $35.96 20822500-56300 BUILDING MAINT 8 REPAIR $35.96 36045334 MISC ITEMS AS NEEDED $36.36 20822500-56300 BUILDING MAINT 8 REPAIR $36.36 36061533 MISC ITEMS AS NEEDED $3875 20822500-56300 BUILDING MAINT 8 REPAIR $38.75 36046053 MISC ITEMS AS NEEDED $50.88 20822500-56300 BUILDING MAINT.8 REPAIR $50.68 36052057 MISC ITEMS AS NEEDED $51.85 20822500-56300 BUILDING MAINT 8 REPAIR $51 85 36061531 MISC ITEMS AS NEEDED $96.82 20822500-56300 BUILDING MAINT.8 REPAIR $96.82 36042906 MISC ITEMS AS NEEDED $98.21 20822500-56300 BUILDING MAINT.B REPAIR $98.21 36047124 MISC ITEMS AS NEEDED $132,08 20822500-56300 BUILDING MAINT.B REPAIR $132-08 36028918 MISC ITEMS AS NEEDED $153.72 20822500-56300 BUILDING MAINT.8 REPAIR $153.72 29 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor FRIEDMANS HOME 36028915 MISC ITEMS AS NEEDED $17947 20822500-56300 BUILDING MAINT &REPAIR $179.47 IMPROVEMENT 36027781 MISC ITEMS AS NEEDED $21787 20822500-56300 BUILDING MAINT &REPAIR $217.87 36045549 MISC ITEMS AS NEEDED ($26.42) 77725200-56300 BUILDING MAINT&REPAIR ($26.42) 36045555 MISC ITEMS AS NEEDED $36.78 77725200-56300 BUILDING MAINT &REPAIR $36.78 36046581 MISC ITEMS AS NEEDED $39.86 77725200-56300 BUILDING MAINT &REPAIR $39.86 36052198 MISC ITEMS AS NEEDED $113.74 77725200-56300 BUILDING MAINT&REPAIR $113.74 36037259 MISC ITEMS AS NEEDED 5129.40 77725200-56300 BUILDING MAINT &REPAIR $129.40 36055353 MISC ITEMS AS NEEDED $13734 77725200-56300 BUILDING MAINT &REPAIR $137.34 36045393 MISC ITEMS AS NEEDED $303.88 77725200-56300 BUILDING MAINT&REPAIR $303.88 36029417 MISC ITEMS AS NEEDED $50.46 62024411-56300 BUILDING MAINT&REPAIR $50.46 36040137 MISC ITEMS AS NEEDED $39.52 90000000-23226 CONCERT SERIES $39.52 36048923 MISC ITEMS AS NEEDED $48.52 82024411-56120 EQUIPMENT MAINTENANCE& $48.52 REPAIR 36051469 MISC ITEMS AS NEEDED $2509 84024425-56120 EQUIPMENT MAINTENANCE& $25.09 REPAIR 36036487 MISC ITEMS AS NEEDED $50.30 64024425-56120 EQUIPMENT MAINTENANCE& $50.30 REPAIR 36052609 MISC ITEMS AS NEEDED $122.88 64024425-56120 EQUIPMENT MAINTENANCE& $122,88 REPAIR 36060794 MISC ITEMS AS NEEDED $155.08 84024425-56120 EQUIPMENT MAINTENANCE& $155.08 REPAIR 36052485 MISC ITEMS AS NEEDED $8.78 84024421-56130 EXTERNAL SERVICES $8,76 36039686 MISC ITEMS AS NEEDED $8.20 84024425-56504 FACILITY MAINTENANCE& $8.20 REPAIR 36042513 MISC ITEMS AS NEEDED S28 72 84024425-56504 FACILITY MAINTENANCE& $28.72 REPAIR 30 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor FRIEDMANS HOME 36047659 MISC ITEMS AS NEEDED $2963 84024425-56504 FACILITY MAINTENANCE& $29.63 IMPROVEMENT REPAIR 36038687 MISC ITEMS AS NEEDED $12687 8402442556504 FACILITY MAINTENANCE& $12687 REPAIR 36047609 MISC ITEMS AS NEEDED $5 16 80100000-80230 INFRASTRUCTURE $5.16 36056450 MISC ITEMS AS NEEDED $11.90 80100000-80230 INFRASTRUCTURE $1190 36056318 MISC ITEMS AS NEEDED $14.84 80100000-80230 INFRASTRUCTURE $14.84 36055933 MISC ITEMS AS NEEDED 528.08 60100000-80230 INFRASTRUCTURE $28.08 36057190 MISC ITEMS AS NEEDED $78.95 80700000-80230 INFRASTRUCTURE $78.95 36055926 MISC ITEMS AS NEEDED $106.55 60100000-80230 INFRASTRUCTURE $106.55 36059702 MISC ITEMS AS NEEDED 5401.76 80100000-80230 INFRASTRUCTURE $401 76 36047536 MISC ITEMS AS NEEDED $3.52 10024210-54120 PW-SPECIAL SUPPLIES 53.52 36043857 MISC ITEMS AS NEEDED $18.33 10024220-54120 PW-SPECIAL SUPPLIES $18.33 36052787 MISC ITEMS AS NEEDED $21.14 10024220-54720 PW-SPECIAL SUPPLIES S21 14 36045010 MISC ITEMS AS NEEDED $25.78 10024220-54120 PW-SPECIAL SUPPLIES $2578 36030235 MISC ITEMS AS NEEDED $2765 10024220-54120 PW-SPECIAL SUPPLIES S2765 36060335 MISC ITEMS AS NEEDED $28.59 10024220-54120 PW-SPECIAL SUPPLIES $28.59 36060488 MISC ITEMS AS NEEDED $39.28 10024220.54120 PW-SPECIAL SUPPLIES $39.28 36043465 MISC ITEMS AS NEEDED $39.67 10024220-54120 PW-SPECIAL SUPPLIES 539.67 36042825 MISC ITEMS AS NEEDED $52.61 10024220-54120 PW-SPECIAL SUPPLIES $52.61 36042307 MISC ITEMS AS NEEDED $61.86 10024220-54120 PW-SPECIAL SUPPLIES $6186 31 List of Checks Presented for Approval on 9/15/2017 Invoices 'VendorDescription FRIEDMANS HOME 36042661 MISC ITEMS AS NEEDED 566.89 10024220-54120 PW-SPECIAL SUPPLIES $66.69 IMPROVEMENT 36035348 MISC ITEMS AS NEEDED $68.60 10024220-54120 PW-SPECIAL SUPPLIES 868.60 36043811 MISC ITEMS AS NEEDED $99.38 10024220-54120 PW-SPECIAL SUPPLIES 599.38 36035271 MISC ITEMS AS NEEDED $215.57 10024220-54120 PW-SPECIAL SUPPLIES $215.57 36053837 MISC ITEMS AS NEEDED $11.27 20324100-58510 REIMBURSABLE JOBS $11.27 36039512 MISC ITEMS AS NEEDED 540.65 10022100-54102 SMALL TOOLS $40.65 36060154 MISC ITEMS AS NEEDED 5245.53 20822500-54102 SMALL TOOLS $103.19 20822500-54100 SUPPLIES $142.34 36043926 MISC ITEMS AS NEEDED $601.51 82024414-54102 SMALL TOOLS 5601.51 36060438 MISC ITEMS AS NEEDED $206.90 84024421-54102 SMALL TOOLS $206.90 36028401 MISC ITEMS AS NEEDED $114.73 84024425-54102 SMALL TOOLS $114.73 36056561 MISC ITEMS AS NEEDED $226.08 84024425.54102 SMALL TOOLS $226.08 36034716 MISC ITEMS AS NEEDED 516.51 10022100-54100 SUPPLIES $16.51 36038228 MISC ITEMS AS NEEDED $19.11 10022100-54100 SUPPLIES $19.11 36036934 MISC ITEMS AS NEEDED 52575 10022100-54100 SUPPLIES $25.75 36061997 MISC ITEMS AS NEEDED $2642 10022100-54100 SUPPLIES $26.42 36062534 MISC ITEMS AS NEEDED $27.08 10022100-54100 SUPPLIES $27.08 36039522 MISC ITEMS AS NEEDED $82.15 10022100-54100 SUPPLIES $8215 36037206 MISC ITEMS AS NEEDED $12011 10022100-54100 SUPPLIES $120.11 32 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor FRIEDMANS HOME 36044906 MISC ITEMS AS NEEDED $121 63 10022100-54100 SUPPLIES $121.63 IMPROVEMENT 36052603 MISC ITEMS AS NEEDED $26.55 10023100-54100 SUPPLIES $26.55 36028453 MISC ITEMS AS NEEDED $56 76 20324100-54100 SUPPLIES $56.76 36038847 M ISC ITEMS AS NEEDED $1902 20513300.54100 SUPPLIES 51902 36038151 MISC ITEMS AS NEEDED $14 34 20824300-54100 SUPPLIES 514.34 36043816 MISC ITEMS AS NEEDED $98.49 20824300-54100 SUPPLIES 598.49 36036048 MISC ITEMS AS NEEDED 576.11 20913900-54100 SUPPLIES $76.11 36062017 MISC ITEMS AS NEEDED $56.66 77725200-54100 SUPPLIES $56.66 36030365 MISC ITEMS AS NEEDED $10.17 80026120-54100 SUPPLIES $10.17 36031426 MISC ITEMS AS NEEDED $4848 80026120-54100 SUPPLIES $48.48 36046032 MISC ITEMS AS NEEDED $13074 80026120-54100 SUPPLIES 5130.74 36059350 MISC ITEMS AS NEEDED $21 62 80026210-54100 SUPPLIES $21.62 36046465 MISC ITEMS AS NEEDED $27.66 80026210-54100 SUPPLIES $27.66 36046083 MISC ITEMS AS NEEDED $32,64 80026210-54100 SUPPLIES $32.64 36059201 MISC ITEMS AS NEEDED $3505 80026210-54100 SUPPLIES $35.05 36035383 MISC ITEMS AS NEEDED ($86.31) 80026220-54100 SUPPLIES ($86.31) 36036566 MISC ITEMS AS NEEDED $7.52 80026220-54100 SUPPLIES $7.52 36034931 MISC ITEMS AS NEEDED $10 14 80026220-54700 SUPPLIES $10.14 36037029 MISC ITEMS AS NEEDED S1830 80026220.54700 SUPPLIES $18.30 33 List of Checks Presented for Approval on 9/15/2017 Invoices InvoiceVendor Name Invoice# Description Invoice . . Detail FRIEDMANS HOME 36035750 MISC ITEMS AS NEEDED $30.04 80026220-54100 SUPPLIES $30.04 IMPROVEMENT 36045115 MISC ITEMS AS NEEDED 548.61 80026220-54100 SUPPLIES $48.61 36044835 MISC ITEMS AS NEEDED $72.34 80026220-54100 SUPPLIES S7234 36035158 MISC ITEMS AS NEEDED $83.45 80026220-54100 SUPPLIES $8345 36034969 MISC ITEMS AS NEEDED $9457 80026220-54100 SUPPLIES $94.57 36059200 MISC ITEMS AS NEEDED 524.34 82024414-54100 SUPPLIES $24.34 36063353 MISC ITEMS AS NEEDED $24.45 82024414-54100 SUPPLIES $24.45 36029280 MISC ITEMS AS NEEDED $32.56 82024414-54100 SUPPLIES $32.56 36038400 MISC ITEMS AS NEEDED $15.35 84024421-54100 SUPPLIES $15.35 36038602 MISC ITEMS AS NEEDED S24 15 84024421-54100 SUPPLIES $24.15 36028375 MISC ITEMS AS NEEDED 5106.97 8402442154100 SUPPLIES $106.97 36058477 MISC ITEMS AS NEEDED $144.03 84024425-54100 SUPPLIES $144.03 --------------- VendorTots l: $7,154.49 GHD INC 87061 DESIGN OF WELL Jig $15,702.25 82024410-52100 CONTRACTED SERVICES 515,702.25 Vendor Total: SIS702.25 GREEN VALLEY CONSULTING 7977 WATER MAIN REPLACEMENT 5541.25 82224413-80230 INFRASTRUCTURE $541,25 ENGINEERS PROJECT 8037 SUMMER 2015 STREET $7,190.00 82224413-80230 INFRASTRUCTURE $3,595.00 RECONSTRUCT 84024421-80230 INFRASTRUCTURE $3.595.00 --------------- Vendor Total: $7,731.25 HACH COMPANY 2143862 NITRATAX PLUS SC 2MM ($995.30) 84024425-80100 MACHINERY 8 EQUIPMENT ($995.30) 34 List of Checks Presented for Approval on 9/15/2017 Invoices :Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail HACH COMPANY 10606333 NITRITE TNT $118.84 84024425-54100 SUPPLIES $118.84 10588127 SENSOR CAP REPLACEMENT $131.13 84024425-54100 SUPPLIES $131.13 10553202 TNT936 $181-41 84024425-54100 SUPPLIES 5181.41 10549199 SENSOR CAP REPLACEMENT $404.51 84024425-54100 SUPPLIES 5404.51 10605099 CHLORINE $428.44 84024425.54100 SUPPLIES $428.44 ----------- --- Vendor Total: $289.03 INFOSEND INC 124207 UB PRINT&MAIL SERVICES $4.591.20 20513300-52100 CONTRACTED SERVICES $4,591.20 Vendor Total: $4,591.70 INTERSTATE SALES 16224 E-Z KOTE PAILS $330.96 90000000.23028 MEASURE Y DISTRICT TAX ($0.84) 10024220-54125 PW-TRAFFIC PAINT $0.84 10024220.54125 PW-TRAFFIC PAINT $330.96 ----------- --- Vendor Total: $330.96 J 8 M LOCK 34278 DUPLICATE KEYS,REPAIRS 8 $34.68 20822500-56300 BUILDING MAINT d REPAIR 534.88 MISC ............... Vendor Total: 534.68 JENDI COURSEY 1396 PERFORMANCE AND SERVICE $1,400.00 63020210-52100 CONTRACTED SERVICES $1,400.00 COMMUNICATIONS REVIEW ............... Vendor Total: 81,400.00 JOHN AGUILAR DV090517 BOOT REIMBURSEMENT $150.00 82024414-54100 SUPPLIES $75.00 84024421.54100 SUPPLIES $75.00 Vendor Total: $150.00 KAREN HOLMES TR915-9117 TRAVEL REIMBURSEMENT $1,072.91 69122700.57100 CONFERENCE B TRAINING $1,072.91 -------------- Vendor Total: $1,072.91 35 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor •ice# Invoice Description •ice Amt Invoice Account Detail and Allocation Detail KENWOOD ENERGY U170901 SOLAR PARKING CANOPY $292.50 80100000-80230 INFRASTRUCTURE $292.50 Vendor Total: 5292.50 LES SCHWAB TIRE CENTER 6400032D426 MISCELLANEOUS TIRE $1700 84024425-56130 EXTERNAL SERVICES $17.00 SERVICES AS ._-_-..... . - Vendor Total: 51t 7.00 MENDOCINO ANIMAL HOSPITAL 170964 VETERINARY SERVICES 5419.12 10020210-54100 SUPPLIES $419.12 --------------- Vendor Total: $419.12 MES-MUNICIPAL EMERGENCY IN1152543 DYNAFIT SUSPENDER 5112.19 90000000-23237 DISTRICT USE TAX-MEASURE S ($0.46) SERVICES INC 90000000.23028 MEASURE Y DISTRICT TAX ($0.46) 10021210-54100 SUPPLIES $0.92 10021210-54100 SUPPLIES $112.19 Vendor Total: $112.19 NCPA 006102- NCPA SEPT-17 $824,680.00 80026300.58104 NCPA MANAGEMENT SERVICES $49,714.00 0917021 80026300-58101 NCPA PLANT GENERATION $82,953.00 80026300-58102 NCPA POWER PURCHASES $463,132.00 80026300.58105 NCPA THIRD PARTY SALES ($12,669.00) 80026300.58103 NCPA TRANSMISSION $241,550.00 --------------- Vendor Total: $824,680.00 OCT WATER QUALITY ACADEMY WQA3783 WATER DISTRIBUTION TESTING- $350.00 82024414-57100 CONFERENCE 8 TRAINING $350.00 V MARTINEZ WQA3731 REGISTRATION $875.00 84024425.57100 CONFERENCE 8 TRAINING $875.00 Vendor Total: 51,225.00 OFFICE DEPOT 956078216001 OFFICE SUPPLIES. $20.80 10016100-54160 HR-CITYLIABILITYB $20.80 MISCELLANEOUS CONTRACT 36 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor OFFICE DEPOT 956078503001 OFFICE SUPPLIES. $51.30 10016100-54160 HR-CITY LIABILITY 8 $51.30 MISCELLANEOUS CONTRACT 952045354001 OFFICE SUPPLIES. $98.60 10016100-54160 HR-CITY LIABILITY& 598.60 MISCELLANEOUS CONTRACT 948714546001 OFFICE SUPPLIES, $375.37 10016100.54160 HR-CITYLIABILITYB $375.37 MISCELLANEOUS CONTRACT 951539749001 OFFICE SUPPLIES. $22740 10020210-54201 PRISONER EXPENSE 5227.40 MISCELLANEOUS 956080675001 OFFICE SUPPLIES, 540.09 10012200-54100 SUPPLIES 540.09 MISCELLANEOUS 951276213001 OFFICE SUPPLIES. $1.376.31 10012200.54100 SUPPLIES $1,376.31 MISCELLANEOUS 952192474001 OFFICE SUPPLIES, 52014 10020210-54100 SUPPLIES $20.14 MISCELLANEOUS 950107224001 OFFICE SUPPLIES, $35.75 10020210-54100 SUPPLIES $35.75 MISCELLANEOUS 950107495001 OFFICE SUPPLIES. $39.55 10020210-54100 SUPPLIES $39.55 MISCELLANEOUS 952192713001 OFFICE SUPPLIES. $100.62 10020210-54100 SUPPLIES $100-62 MISCELLANEOUS 951730396001 OFFICE SUPPLIES, 5125.36 10010210-54100 SUPPLIES $125.36 MISCELLANEOUS 950567145001 OFFICE SUPPLIES, $13784 10020210.54100 SUPPLIES $13784 MISCELLANEOUS 957109676001 OFFICE SUPPLIES, $310.23 10022810.54100 SUPPLIES $310.23 MISCELLANEOUS 948862051001 OFFICE SUPPLIES, 56312 10023100-54100 SUPPLIES $63.12 MISCELLANEOUS 958601806001 OFFICE SUPPLIES, $14 70 80026400-54100 SUPPLIES $14.70 MISCELLANEOUS 958601458001 OFFICE SUPPLIES. $1871 80026400-54100 SUPPLIES $18.71 MISCELLANEOUS 952981280001 OFFICE SUPPLIES. $63.64 80026400-54100 SUPPLIES $63.64 MISCELLANEOUS ............... Vendor Total: 53,119.53 ONE TIME PAY VENDOR DV 090717 REFUND OF AIRPORT HANGAR $51.50 77700000-21110 CUSTOMER DEPOSITS 551-50 DEPOSIT 37 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor .ice # Invoice Description Invoice Amt Invoice AccountDetail and Allocation Detail ONE TIME PAY VENDOR 090717HANGA REFUND OF AIRPORT HANGAR 5100.00 77700000-21110 CUSTOMER DEPOSITS $100.00 R DEPOSIT DV090717 REFUND OF AIRPORT HANGER $100.00 77700000-21110 CUSTOMER DEPOSITS $100.00 DEPOSIT 116763-4 ENERGY REBATE $169.74 80626500-52135 ENERGY CONSERVATION $169.74 PROGRAM DVO90517 REIMBURSEMENT FOR PARK $100.00 1002210046360 PARKS RENTAL $100.00 RENTAL DVO90617 REFUND DUE TO CANCELLATION $300.00 10022824-44915 RECREATION PROGRAM INCOME $300.00 OF SEASON DV 90717 REFUND-CPR CLASS 5755.00 10022850-14915 RECREATION PROGRAM INCOME $155.00 115757-7 UTILITY REFUND $22.97 90100000-10421 UTILITY RECEIVABLES CLEARING $22.97 117527-2 UTILITY REFUND $34.26 90100000-10421 UTILITY RECEIVABLES CLEARING $34.26 117225.3 UTILITY REBATE $66.89 90100000.10421 UTILITY RECEIVABLES CLEARING $66.89 117342-6 UTILITY REFUND $75.00 90100000-10421 UTILITY RECEIVABLES CLEARING $75.00 113086-3 UTILITY REFUND $256.67 90100000-10421 UTILITY RECEIVABLES CLEARING $256.67 113187-9 UTILTY REFUND $375.72 90100000-10421 UTILITY RECEIVABLES CLEARING $375.72 Vendor Total: $1,807.75 ONESOURCE DISTRIBUTORS LLC 55592604.001 MACHINERY AND HARDWARE $501.45 80000000-12104 INVENTORY-PURCHASES $501.45 SUPPLIES 55580618.001 ELECTRICAL EQUIPMENT AND $2,871,17 8000000012104 INVENTORY-PURCHASES $2,871.17 SUPPL ............... Vendor Total: $3,372.62 OPERATING ENGINEER PUBLIC& 86138 AUG AUG 17 HEALTH INSURANCE $1.687.00 2070000020524 NON-EMPLOYEE HEALTH $1,687.00 MISC EMPLOYEES 2017 INS.PREM --------------- Vendor Total: $1.687.00 OPPERMAN&SON INC 1272420036 MISCELLANEOUS PARTS AS ($198.14) 2032410056112 EQUIPMENT PARTS FOR RESALE ($198.14) NEEDED 1272210006 MISCELLANEOUS PARTS AS $42,24 2032410056112 EQUIPMENT PARTS FOR RESALE $42.24 NEEDED 38 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor OPPERMAN R SON INC 1272290011 MISCELLANEOUS PARTS AS $1827 10020210-56130 EXTERNAL SERVICES $18.27 NEEDED 1272260042 MISCELLANEOUS PARTS AS $42.15 10021210-56130 EXTERNAL SERVICES $42.15 NEEDED 1272210039 MISCELLANEOUS PARTS AS $51.11 10024220-56130 EXTERNAL SERVICES $51.11 NEEDED 1272350023 MISCELLANEOUS PARTS AS $64.00 10024220-56130 EXTERNAL SERVICES $64.00 NEEDED 1272350022 MISCELLANEOUS PARTS AS S19860 10024220-56130 EXTERNAL SERVICES $198.60 NEEDED 1272430033 MISCELLANEOUS PARTS AS 5206-28 10024220-56130 EXTERNAL SERVICES $206.28 NEEDED 1272350034 MISCELLANEOUS PARTS AS 514.48 84024421-56130 EXTERNAL SERVICES $14.48 NEEDED 1272280046 MISCELLANEOUS PARTS AS $24.05 84024421-56130 EXTERNAL SERVICES $24.05 NEEDED 1272150027 MISCELLANEOUS PARTS AS $74 15 84024421-56130 EXTERNAL SERVICES $74.15 NEEDED 1272270029 MISCELLANEOUS PARTS AS $138.33 84024425.56130 EXTERNAL SERVICES $138.33 NEEDED 1272420019 MISCELLANEOUS PARTS AS $87.07 10024210-54100 SUPPLIES $43.53 NEEDED 84024420-54100 SUPPLIES $4354 1272330053 MISCELLANEOUS PARTS AS $43.44 8202441054100 SUPPLIES $43.44 NEEDED Vendor Total: $806.03 PACE SUPPLY CORPORATION 024096748 MISCELLANEOUS ITEMS AS $4396 82024411-56300 BUILDING MAINT.8 REPAIR $43.96 NEEDED D24084605-1 MISCELLANEOUS ITEMS AS $56.05 62024411-56300 BUILDING MAINT..8 REPAIR $56.05 NEEDED 024084605 MISCELLANEOUS ITEMS AS $282.29 82024411-56300 BUILDING MAINT B REPAIR $282.29 NEEDED 024078101 MISCELLANEOUS ITEMS AS $55492 82024411-56300 BUILDING MAINT.8 REPAIR $554.92 NEEDED 324055102-1 MISCELLANEOUS ITEMS AS $18641 82000000-12104 INVENTORY-PURCHASES $186.41 NEEDED 39 List of Checks Presented for Approval on 9/15/2017 Invoices Detail,Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation PACE SUPPLY CORPORATION 3240124972 PLUMBING EQUIPMENT, $303.45 8200000012104 INVENTORY-PURCHASES $303.45 FIXTURES, 023992494.4 PLUMBING EQUIPMENT, $342.81 82000000-12104 INVENTORY-PURCHASES 5342.81 FIXTURES, 024055102 MISCELLANEOUS ITEMS AS $668.89 82000000-12104 INVENTORY-PURCHASES 5668.69 NEEDED 024012497.1 PLUMBING EQUIPMENT, $1.455.26 82000000-12104 INVENTORY-PURCHASES 51,455.26 FIXTURES. 024092482 MISCELLANEOUS ITEMS AS $361.42 82024414-54100 SUPPLIES S361,42 NEEDED 324009371-1 NS00345182 CPLG 501 $1.138.63 82024414-54100 SUPPLIES $1,138.63 024009371 NS00345182 CPLG 501 $2.277.25 82024414-54100 SUPPLIES 52.277.25 --------------- VendorTote l: $7,671.34 PAYMENTUS GROUP INC US17080041 CREDIT CARD PROCESSING $2.82578 20513300.52100 CONTRACTED SERVICES $2,625.78 SERVICE ............... Vendor Total. $2,825.78 PETERSON CAT PCO60140416 PARTS&SERVICE REPAIRS AS $50.68 10024220-56130 EXTERNAL SERVICES $50.68 NEE PC060140415 PARTS 8 SERVICE REPAIRS AS $7244 82024414-54100 SUPPLIES 836.22 NEE 84024421-54100 SUPPLIES $36.22 ............... Vendor Tota l: $123.12 PLATT ELECTRIC SUPPLY N882000 MISC ELECTRICAL SUPPLIES AS $179.18 82024411-56120 EQUIPMENT MAINTENANCE 8 $179.18 NE REPAIR Vendor Total: $179.18 PUBLIC SERVICE DEPARTMENT JULY 17.1 UTILITIES $145.35 31122870-55210 UTILITIES $145.35 ............... Vendor Total: 5145.35 RAINBOW AGRICULTURAL 5427829-00 PARTS&MISC SUPPLIES AS 5101 21 84024425-56120 EQUIPMENT MAINTENANCE& $101.21 SERVICES NEEDE REPAIR 5456371-00 PARTS&MISC SUPPLIES AS 57.76 20324100-56112 EQUIPMENT PARTS FOR RESALE $7.76 NEEDE 40 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor .ice# Invoice Description Invoice Amt Invoice AccountDetail and Allocation Detail RAINBOW AGRICULTURAL 5456319-00 PARTS&MISC SUPPLIES AS $6.41 10024220-56130 EXTERNAL SERVICES $6.41 SERVICES NEEDE 5457680-00 PARTS&MISC SUPPLIES AS $81.80 10022100-56210 FUEL&FLUIDS $81.80 NEEDE 5432767-00 PARTS&MISC SUPPLIES AS $108.36 10022100-54102 SMALL TOOLS $108.36 NEEDE 5456541-00 PARTS&MISC SUPPLIES AS $701.12 10024220-54102 SMALL TOOLS $701.12 NEEDE 5456542-00 PARTS&MISC SUPPLIES AS $701.12 10024220-54102 SMALL TOOLS $701.12 NEEDE 5453866-00 PARTS&MISC SUPPLIES AS $43.34 10020210-54100 SUPPLIES $43.34 NEEDE 5459425-00 PARTS&MISC SUPPLIES AS $64.99 10020210-54100 SUPPLIES $64.99 NEEDE 5451091-00 PARTS&MISC SUPPLIES AS $65.01 10020210-54100 SUPPLIES $65.01 NEEDE 5453153-00 PARTS&MISC SUPPLIES AS $108.35 10020210-54100 SUPPLIES $108.35 NEEDE 5453443-00 PARTS&MISC SUPPLIES AS $21.23 10022100-54100 SUPPLIES $21.23 NEEDE ---------•----- Vendor Total: $2010.70 REDWOOD FORD 125525 PARTS&SERVICE REPAIRS AS $3.68 10020210-56130 EXTERNAL SERVICES $3.68 NEE 125462 PARTS&SERVICE REPAIRS AS $14.85 10020210.56130 EXTERNAL SERVICES $14.85 NEE 125523 PARTS&SERVICE REPAIRS AS $23.89 10020210-56130 EXTERNAL SERVICES $23.89 NEE 125550 PARTS&SERVICE REPAIRS AS $118.98 10020210-56130 EXTERNAL SERVICES $118.98 NEE 125661 PARTS&SERVICE REPAIRS AS $283.97 10020210-56130 EXTERNAL SERVICES $283.97 NEE 125653 PARTS&SERVICE REPAIRS AS $287.50 10020210-56130 EXTERNAL SERVICES $287.50 NEE 125542 PARTS&SERVICE REPAIRS AS $33.55 10024210-56130 EXTERNAL SERVICES $33.55 NEE 125819 PARTS&SERVICE REPAIRS AS $368.89 80026400.56130 EXTERNAL SERVICES $368.89 NEE 41 List of Checks Presented for Approval on 9/15/2017 Invoices VendorDescription Invoice Amt Invoice Account Detail and Allocation Detail REDWOOD FORD 125617 PARTS&SERVICE REPAIRS AS $4.81 64024425-56130 EXTERNAL SERVICES $4.81 NEE 125436 PARTS&SERVICE REPAIRS AS $60.65 84024425-56130 EXTERNAL SERVICES $60.65 NEE ............... Vendor Total: $1.200.77 REGAL PACIFIC AVIATION 20652 WATER PROBE PARTS $570.82 77725200-56300 BUILDING MAINT.&REPAIR $570.82 EQUIPMENT ............... Vendor Total: $570.82 RICHARD ANDERSON 2017-0811-1 AGREEMENT FOR PROF.SVC'S $975.00 20913900-52100 CONTRACTED SERVICES $975.00 FOR W ............... Vendor Total: $975.00 RICHARD SEANOR TR 9/12/17 TRAVEL REIMBURSEMENT $73.85 10024224-57100 CONFERENCE&TRAINING $73.85 TR 8127.31/17 TRAVEL REIMBURSEMENT $1,323.22 10024224-57100 CONFERENCE&TRAINING $1,323.22 ............... Vendor Total: $1,397.07 RR DONNELLEY 783109374 ELECTRIC UTILITY BOOKS $230.69 80026400-54100 SUPPLIES $230.69 808414294 PUBLIC UTILITY BOOKS $274.72 80026400-54100 SUPPLIES $137.36 82024414-54100 SUPPLIES $137.36 825821384 WATER DOOR HANGERS $232.85 82024414-54100 SUPPLIES $232.85 .... ......... Vendor Total: $738.26 RYAN KRIKEN TRB/20.25/17 TRAINING $496.89 84024425-57100 CONFERENCE&TRAINING $496.89 --------------- Vendor Total: $496.89 SANTA ROSA UNIFORM& 124062 BODY ARMOR MAX OSWALD $938.43 10020210-54100 SUPPLIES $938.43 CAREER APPAREL INC --------------• Vendor Total: $938.43 SILVA SEPTIC INC 68947 SEPTIC SERVICES $127.50 10024220-52100 CONTRACTED SERVICES $127.50 --------• - --- Vendor Total: $127.50 42 List of Checks Presented for Approval on 9/15/2017 Invoices :Vendor . Description . Detail and Allocation Detail SMASH IT SPORTS INC 1124915 SLOW PITCH SOFTBALL BAT $250.00 10022822.54100 SUPPLIES $250.00 ............... Vendor Total: 5250.00 THOMAS CORNING JR TA 924-26/17 TRAVEL ADVANCE $315.66 10020210-57100 CONFERENCE d TRAINING $315.66 ............... Vendor Total: 8315.66 THURSTON CHRYSLER DODGE 14237 SERVICE 6 PARTS AS NEEDED $223.96 80026400-56130 EXTERNAL SERVICES $223.96 JEEP RAM Vendor Total: $223.96 TIM POMA DV 082717 REIMBURSEMENT PUMPKIN $65.99 90000000-23219 PUMPKINFEST $65.99 FEST SUPPLIES ............... Vendor Total: $65.99 TRACTOR SUPPLY CREDIT PLAN 199753 MISCELLANEOUS SUPPLIES AS $11.37 10021210-56130 EXTERNAL SERVICES 511.37 NEED 237690 MISCELLANEOUS SUPPLIES AS $105.04 80100000-80230 INFRASTRUCTURE $105.04 NEED -•----••------- Vendor Total: $116.41 TUFTS POLYGRAPH 8 2017-355(A) POLYGRAPH&INVESTIGATION $650.00 10020210.52100 CONTRACTED SERVICES $650.00 INVESTIGATION SERVICES ............... Vendor Total: $650.00 UKIAH AUTO PARTS 012519 AUTO 8 MACHINE PARTS 8 $37.89 77725200-56300 BUILDING MAINT.d REPAIR $37.89 MATERIA 012254 AUTO 8 MACHINE PARTS 8 512.96 20324100-56112 EQUIPMENT PARTS FOR RESALE $12.96 MATERIA 013874 AUTO 8 MACHINE PARTS 8 $8.66 10020210.56130 EXTERNAL SERVICES $8.66 MATERIA 014722 AUTO 8 MACHINE PARTS 8 $11.65 10020210-56130 EXTERNAL SERVICES $11.65 MATERIA 012287 AUTO 8 MACHINE PARTS 8 $73.67 10020210-56130 EXTERNAL SERVICES $73.67 MATERIA 016210 AUTO 8 MACHINE PARTS 8 $24.35 10022100.56130 EXTERNAL SERVICES $24.35 MATERIA 43 List of Checks Presented for Approval on 9/15/2017 Invoices iVendor Name Invoice# Invoice Description UKIAH AUTO PARTS 013644 AUTO&MACHINE PARTS& $11.59 10024220-56130 EXTERNAL SERVICES $11.59 MATERIA 013914 AUTO&MACHINE PARTS& $7.88 77725200-56130 EXTERNAL SERVICES $788 MATERIA 011024 AUTO&MACHINE PARTS& $18.97 82024414-56130 EXTERNAL SERVICES $9.49 MATERIA 84024421-56130 EXTERNAL SERVICES $9.48 014774 AUTO&MACHINE PARTS& $540 20324100-58510 REIMBURSABLE JOBS $5.40 MATERIA 012109 AUTO&MACHINE PARTS& $2268 20324100-58510 REIMBURSABLE JOBS 522.68 MATERIA 15502 AUTO&MACHINE PARTS& $14.07 20324100-54102 SMALL TOOLS $14.07 MATERIA 012547 AUTO&MACHINE PARTS& $17.07 10022100-54100 SUPPLIES $17.07 MATERIA 013903 AUTO&MACHINE PARTS& $22.74 80026210-54100 SUPPLIES $22.74 MATERIA ............... Vendor Total: $289.58 UKIAH ROUND TREE GLASS 158761 GLASS REPLACEMENT S32000 82024414-56130 EXTERNAL SERVICES 5320.00 SERVICES ............... Vendor Tota l 5320-00 UKIAH VALLEY DELI 65118 EUD LUNCH DURING $9149 80026210-54100 SUPPLIES S9149 SUBSTATION PROJECT '-----'•-----•- Vendor Total, $91.49 UNITED SITE SERVICES 1 14-56781 67 PORTABLE TOILET RENTAL 5611 52 90000000-23226 CONCERT SERIES $611.52 ......------•-- Vendor Total: $611.52 VWR INTERNATIONAL INC 6049613832 SUPPLIES AS NEEDED $5302 90000000-23237 DISTRICT USE TAX-MEASURE S ($0.17) 90000000-23028 MEASURE Y DISTRICT TAX ($0.17) 84024425.54100 SUPPLIES 80.34 84024425-54100 SUPPLIES $53.02 8049610411 SUPPLIES AS NEEDED $261 82 90000000-23237 DISTRICT USE TAX-MEASURE S ($1.16) 44 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor Name Invoice# Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail VWR INTERNATIONAL INC 8049610411 SUPPLIES AS NEEDED $261.82 90000000-23028 MEASURE Y DISTRICT TAX ($1.16) 84024425-54100 SUPPLIES $2.32 84024425.54100 SUPPLIES $261.82 8049618949 SUPPLIES AS NEEDED $298.42 90000000-23237 DISTRICT USE TAX-MEASURE S ($1.34) 90000000-23028 MEASURE Y DISTRICT TAX ($1.34) 84024425.54100 SUPPLIES $2.68 84024425-54100 SUPPLIES $298.42 --------------- Vendor Total: $613.26 WAGNER&BONSIGNORE 37-17-688 EUD WATER RIGHTS REPORTING 5440.00 80026330.52100 CONTRACTED SERVICES $440.00 AND ....... Vendor Total: $440.00 WESTERN RENEWABLE ENERGY WR3053 WREGIS CERTIFICATE- $100 80026400-52100 CONTRACTED SERVICES $1.00 GENERATION CREATED VOLUME FEE WR2324 WREGIS CERTIFICATE-CREATED $5.32 80026400.52100 CONTRACTED SERVICES $5.32 VOLUME FEE WR2694 WREGIS CERTIFICATE-RETIRED $116.12 80026400-52100 CONTRACTED SERVICES $116.12 VOLUME FEE -•••••••••'•-•- Vendor Total: $122.44 XEROX CORP 090476489 COPIER LEASE-SEE ADD'L $171.93 69122700-52100 CONTRACTED SERVICES $171.93 DESCRIP 090476468 COPIER LEASE-SEE ADD'L $308.47 73022600-52100 CONTRACTED SERVICES $308.47 DESCRIP 090476470 COPIER LEASE-SEE ADD'L $729.14 10012200-94500 LEASE PAYMENTS $729.14 DESCRIP 090476467 COPIER LEASE-SEE ADD'L $226.61 10020210-94500 LEASE PAYMENTS $124.64 DESCRIP 10021210-94500 LEASEPAYMENTS $79.32 20620231-94500 LEASE PAYMENTS $11.33 64020213-94500 LEASE PAYMENTS $11,32 45 List of Checks Presented for Approval on 9/15/2017 Invoices Vendor •ice# Invoice Description •ice Amt Invoice AccountDetail and Allocation Detail XEROX CORP 090476466 COPIER LEASE-SEE ADD•L $42832 10020210-94500 LEASE PAYMENTS 5235.56 DESCRIP 10021210-94500 LEASEPAYMENTS $149.92 20620231-94500 LEASE PAYMENTS S21.41 64020213.94500 LEASE PAYMENTS $21.41 Vendor Total: $1.864.47 INVOICE TOTAL: $991,614.29 46 ti 0 0 0 0 0 0 O o 0 0 0 0 'o ui v ui to Lo h L6 o o ui o 0 0 cs W) to ;Cr) N � M Cl) h m ;o t F F F F 64 6A fA 69 <R b9 M 6 te • 0 0 o 0 0 0 W W W Q) 9 Z ° z 10 w w w w w LOU9 ¢ O m ? d z m d Q N ' Q ' Q ' ' m c I a a a -6 0 LU 0 c co co NLw w o 0 0 0 0 o w w • W U U W W W W W W N U W W U U U U U U a Q aQc U U a ti a a Cho 0 0 0 0 0 0 0 0 (/) co • U U U U U U U U U O O C— o OO O O O O O O O O N h L O O O O O O O O O O M F F F F F N N � a, N � n N N N N N N Cl) Cl) M C, .3 O O U? 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LO Q LO to LO � � � � Ln N N r v a Q a Q a Q 0v o 0 ON O O L � U2 L � 10 rn o, rn rn o, rn rn a o N N N N Q O 7 O 6 N > Qj N O O QJ N O m c P (t EOL) r) p 4 ,V O ru W _ L) 0 2 r>v - 0 Z 0 0 z LL LL Q. d U) tZ Z LM cn w w w LL D Cn U cn U w w �a DQ m 2 m cr V n w a LL w� w� LL LOm p ¢z Qz aCl) 00 O Nto co O 4— O O OGo > 0 J 0 Z Z Cl) z a � 0 0 ° .6 w Ir a a cn U w QJ H (n 0 0 J W w 0 V LL o 0 x ? } rn 00 N O p t7 O N N 0) Op to N � .�- N bs N b9 b4 b9 b4 N N b9 b9 69 (D rx Q ' w «p J Q C45 � H v ¢ 0 O C a c w O Z cc > uj o z \ Iwo 00w W ° w ZCAJz \ a w a w Q J C/) � � Co O ` O O O O O O O r ^ O� N O O O O O O O O N N N N N N L In h 2 U2 F am 0) 050, 0 N Q, a ` C) CN N L N to O V 0 �O _ - U) O W _ U) Vf ¢ w, U L a U Y U V d3 t V r O V1 z z .� ui J a a LU X O a- x x O U " Y W z¢ U CIO (1) w Z) U) List of Checks Presented for Approval on 9/15/2017 The following list of bills paya le was r sewed and pproved for payment. c ignature Invoices Vendor Name Invoice # Invoice Description Invoice Amt Invoice Account Detail and Allocation Detail CLERK-RECORDER,MENDOCINO 09112017 DISTRICT REPORT $205.00 91521400-52301 PROPERTY TAX ADMIN FEE 5205.00 COUNTY Vendor Total: 5205.00 HEADGEAR PLUS 26981 152 T-SHIRTS $1,238 14 91521400-54100 SUPPLIES $1,238,14 •----•-'-•-••-- Vendor Total: $1,238.14 LIFE ASSIST 815475 EMS OPERATIONAL SUPPLIES $23.52 91521400-54100 SUPPLIES $23.52 813521 EMS OPERATIONAL SUPPLIES $230.64 91521400-54100 SUPPLIES $230.64 815283 EMS OPERATIONAL SUPPLIES $1.401.27 91521400-54100 SUPPLIES $1,401.27 Vendor Totai $1.655.43 MANAGED HEALTH NETWORK PRM-012095 SEPT 2017 UVFD MHN EAP 8 $120.96 20700000-20661 UVFD HEALTH INS S120.96 --------------- Vendor Total, 5120 96 MENDO MILL 8 LUMBER CO K73901 OPERATIONAL SUPPLIES ($12.89) 91521400-54100 SUPPLIES (S12.89) K74167 OPERATIONAL SUPPLIES $57.52 91521400-54100 SUPPLIES $5752 K75049 OPERATIONAL SUPPLIES $6362 91521400-54100 SUPPLIES $63.62 K76453 OPERATIONAL SUPPLIES $262.89 9152140054100 SUPPLIES $262.89 90 List of Checks Presented for Approval on 9/15/2017 Invoices VendorDescription Detail MENDO MILL&LUMBER CO K73900 OPERATIONAL SUPPLIES $387.23 91521400-54100 SUPPLIES $387.23 ---•----------- Vendor Total: $758.37 MENDOCINO COUNTY 09112017 DONATION FOR SERVICES TO $1.000,00 91521400-57300 MEMBERSHIPS& $1.000.00 COOPERATIVE AERAL FIRE MENDOCINO COUNTY SUBSCRIPTIONS PATROL Vendor Total: $1,000.00 MILLVIEW COUNTY WATER UVFD 10184 WATER SERVICES-LOVERS $62.53 91521400-55210 UTILITIES $62.53 DISTRICT AUG 17 LANE Vendor Total: $62.53 PUBLIC SERVICE DEPARTMENT UVFD-AUG 17 SEWER SERVICE-LOVERS LANE $79.87 91521400.55210 UTILITIES $79.87 UVFD AUG 17 SEWER SERVICE-S STATE ST $145.35 91521400-55210 UTILITIES $145.35 STATION ------------•- Vendor Total: $225.22 ROGINA WATER COMPANY UVFD 0380 UTILITIES-WATER $24.00 91521400-55210 UTILITIES $24.00 AUG 17 ............... Vendor Total: $24.00 SCI CONSULTING GROUP C7264 PARCEL TAX ADMIN FY 17118 $4,470.81 91521400-52100 CONTRACTED SERVICES $4,470.81 Vendor Total: $4,470.81 UKIAH DAILY JOURNAL 0006014540 LEGAL PUBLIC NOTICE $39.07 91521400-52150 LEGAL SERVICES/EXPENSES $39.07 Vendor Total: $39.07 WILLOW COUNTY WATER DIST UVFD 10010 WATER SERVICES-S STATE ST $56.85 91521400-55210 UTILITIES $56.85 AUG 17 STATION Vendor Total: $56.85 INVOICE TOTAL: $9,856.38 91 N 0 o v v 0 o r r. cD � ;� M c� � •� O ;O O ;O V� ;fA n 'n � (q ;fo) fA i FA FH .Ey t9 N ip f0 i6 f0 f0 O O O O O O O z z z z O > z > a > ? > (f) > > z N c - cc � a w v ` E � W W T W W U `> U (1) wi O N Q v z w w w Q w W -j W 4 a k Q � W v C o z W z 0 z ti W 3a - o w o w LL a¢ � v O o o S a L h N N to ' O _N _h � CY) (3� Cj 0) CL O tD M O Q 01 CD Ln N r ul am •� Q� Aj '" Cl) O O M r- ev O ro o O F" Cl) Z = a 0 w 0z ru O Q cr z zLU a] w(1) z _ z U Z c!� ¢ D z a "- a �O ~ cr w z w w O z o� w c a z cr r w 4-, 2 J U IL U) J T U) cr v. 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DEPARTMENT: Fire PREPARED BY: Kirk Thomsen ATTACHMENTS: None Summary: Council will receive a report regarding the purchase of a Lifepak 15 from Physio-Control, in the amount of$25,979.26. Background: The Ukiah Valley Fire Authority (UVFA) maintains five operational Lifepak cardiac monitors within its fleet. Four of those are newer Lifepak 15s, and one is an older outdated version called Lifepak 12. This purchase will allow UVFA to have five that are updated with current technology. Because each cardiac monitor manufacturer has vendor specific connections, the department has standardized all cardiac monitors with Lifepak models, manufactured by Physio-Control. Standardized cardiac monitors ensure all personnel are properly trained in all aspects of using this equipment in emergency situations, and that the equipment is interchangeable between the vehicles in the fleet. Discussion: Current standards of care are requiring 12-Lead EKG capability on all ALS (Advanced Life Support) transporting and first response resources. Currently only four of UVFA's five cardiac monitors are updated with the most effective technology. Physio-Control is giving UVFA credit for a trade-in of the older style, RECOMMENDED ACTION: Receive the report of the purchase of LifePak 15 from Physio Control, in the amount of $26,327.54. BUDGET AMENDMENT REQUIRED:Yes CURRENT BUDGET AMOUNT: $25,000 Fund: 10021210.80100 PROPOSED BUDGET AMOUNT: $25,979.26 Fund: 10021210.80100 FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 45027 COORDINATED WITH: Mary Horger, Procurement Manager z Approved: S e Sang! omo, City Manager 12-Lead Lifepak 12. This upgrade will give the department five 12-Lead capable cardiac monitors, updated to current standards, moving towards providing the initial response apparatus with current standards. 2 2 There are no Attachments to this Agenda Item. 3 Agenda Item No.: 7c MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-178-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Adopt Resolution Appointing a Member to the Traffic Engineering Committee. DEPARTMENT: City Clerk PREPARED BY: Ashley Cocco ATTACHMENTS: Attachment 1-Application of Erich B.P. Sommer(with redactions) Attachment 2- City of Ukiah Resolution 2014-48 Attachment 3- Ordinance 1166 Attachment 4- Letter of Nomination Attachment 5- Proposed Resolution Summary: Council will review a nomination received from Mayor Brown and consider adopting a resolution appointing a member to the Traffic Engineering Committee to fill the recent vacancy. Background: Keith Hewett resigned from the Traffic Engineering Committee on August 9, 2017, leaving the position of Public Representative, nominated by Councilmember Crane, vacant. Vacancies were updated and noticed August 14, 2017. One application has been received from Erich B.P. Sommer to fill the vacancy with an indefinite term (Attachment 1). Councilmember Scalmanini most recently nominated Neil Davis to the Traffic Engineering Committee on RECOMMENDED ACTION: Adopt resolution appointing Erich B.P. Sommerto the Traffi c Engineering Committee to serve as a Public Representative with an indefinite term. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Approved: S e Sang! omo, City Manager August 16, 2016, placing Mayor Brown as next in line to bring forward a nomination to this committee. Resolution 2014-48 sets forth the procedure for filling vacancies on City Commissions and Boards and is attached for your reference as Attachment 2. In addition, the Traffic Engineering Committee position requirements are outlined in Ordinance 1166 provided as Attachment 3. The City Clerk is recommending Council review the application, accept the nomination, and appoint Erich B.P. Sommer to the Public Representative position on the Traffic Engineering Committee with an indefinite term of service. Discussion: Mr. Sommer is a City resident with a valid Class C driver's license and therefore meets the requirements for the vacant position. A nomination was received on October 10, 2017 (Attachment 4). In the case the nomination is not accepted, then Mayor Brown may make additional nominations until the position is filled. Staff is recommending Council enact the appointment by a single motion and roll call vote approving the proposed resolution (Attachment 5), to be included in the approval of consent calendar items. Alternately, Councilmembers may pull this item for further discussion where the nomination may be discussed and voted on separately. 2 2 Attachment 1 ti CITY OF UKIAH ` TRAFFIC ENGINEERING COMMITTEE APPLICATION FOR APPOINTMENT rf Received SEP A. General Information 8 2011 l Name ( "�. Date r L v" �e r � Ful Residence Address REDACTEDr (Physical Address, not PO U C c„ V T. Mailing Address - if different from above 5�e, w� c, S 4`j o v c, Home Phone REDACTED Work Phone REDA C TED - � Email REDACTED Cell Phone Employer Business Address Job Title/Position �ar�- 411 V---Q— CA c�� �. Employed Since tA How long have you resided in: Ukiah? E3 r5 Mendocino County? 1, r California? 3 c� 5 Please list community groups or 11 � ( organizations you are affiliated ��e-�s e S�e W A eV%A u w. with and list any offices held. List all Certifications and Licenses. REDAC TED Signature of Applicant Date Thank you for your interest in serving your community and the City of Ukiah. Please return this application and attachments to the City Clerk's office at 300 Seminary Avenue, Ukiah, CA 95482. If you have any questions, please contact the City Clerk's office at (707) 467-5720. ,It Addendum A Afirliatiotts with comnitmity groups and districts: Walk Bike Mendocino- In addition to my permanent part time position with Ukiah Unified School District,I work approximately four to eight hours a week with Walk Bike Mendocino,a local non-profit group that supports people who want to walk and bike more as a means of transportation.The organization also advocates for improvements to infrastructure that make it easier to walk and bike around Ukiah. Ukiah Unified School District(U.U.S.D.) /Redwood Valley Outdoor Education Project- Currently employed on a permanent part-time basis with U.U.S.D. Certifications and Licenses: VaM Class C CaWara Dirivers Ise—In addi ,I previously held a Mass A Commercial License with Passenger and School Bus endorsements. I drove commercially for 10+years,and also drove a passenger bus for four years and a school bus for two years. League of American Bicyclists (LAB)-League Certified Instructor(LCI) -An LCI is trained and certified by the LAB to conduct bicycle and traffic safety trainings geared toward cyclists and motorists interested in learning how cars and bikes can best share the road_Certification obrained_i.n.S.prft2011. Personal note: While I am passionate about issues pertaining to walking and biking around town,I am also a motorist who spends a lot of time driving with my eight-year-old son Samuel.Above all, I believe it is important to devise roads,streets and pathways that everyone-motorists,cyclists arra pedestriarrs-can use safely and effectively with as little congestion as possible. Attachment 2 RESOLUTION NO.2014-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY BOARDS AND COMMISSIONS WHEREAS, 1. Ukiah City Code 1151 and 1161 provides that members of the Design Review Board and Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and Councilmembers; and 3. The City Council has determined to amend its procedures for appointing board members and commissioners. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby adopts the following amended procedure for filling vacancies on the City's boards and commissions: • The City Council shall develop a pool of applicants for vacancies by posting a general advertisement once a year,preferably in June before the June 300'expirations,in a newspaper of general circulation in Ukiah, and by noticing available vacancies as they occur on the city's website, in the library, on popular social media sites (Facebook and Twitter), and in the glass cabinet located in front of the Civic Center subject to Government Code Section 54970-54974. Applications shall be received,reviewed for eligibility,and brought forward as they are submitted. • If more applications have been received than position(s)available,the City Council will conduct interviews for the position. • All applications received shall be kept on file in the City Clerk's office for a period of one(1)year. • Incumbents seeking reappointment for an additional term only need to complete the contact portion of the application and not the questionnaire. • City staff seeking appointment in their capacity as City staff and elected officials seeking appointment in their capacity as elected officials do not need to fill out an application. • Nominations: Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of applicants. a. The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on nominations presented. c. A councllmember's right to make a nomination shall rotate to the next most senior Councilmember,once that Councilmember's nomination is approved by a majority vote of the Councilmembers present, or the Councilmember agrees to pass the nomination to the next most senior Councilmember. d. This process for rotating the right to nominate candidates among Councilmembers to 811 vacancies shall be followed for each separate board or commission. 1. The City Clerk shall maintain a record of the last Councilmember to make a nomination for each board or commission, 2. When another vacancy must be filled on that board or commission, the next Councilmember in line to make a nomination forthat board or commission shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 17�h day of December, 2014, by the following roll call vote: AYES: Councilmembers Mulheren, Doble, Brown, Scalmanini, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None Do las F. Crane, Mayor ATTEST: ems� LAdlt(i � Kristine Lawler, City Clerk Attachment 3 ORDINANCE NO. 1166 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 8, CHAPTER 1, ARTICLE 2, SECTION 7030 OF THE UKIAH CITY CODE WHICH ESTABLISHES THE CITY TRAFFIC ENGINEER; OFFICE ESTABLISHED SECTION ONE: It is ordained that the City Council of the City of Ukiah hereby amends §7030 to read as follows: §7030:CITY TRAFFIC ENGINEER; OFFICE ESTABLISHED: The office of City Traffic Engineer is hereby established. The office of City Traffic Engineer shall consist of a committee who shall serve without additional compensation, consisting of the City Manager, the Chief of Police, the City Engineer, the Planning Director, the Superintendent of Public Works or their duly appointed representatives, together with a representative of the local transit authority, a representative of active transportation (defined as a means of getting around that is powered by human energy, primarily walking and bicycling)who resides within the city limits, and two City residents of driving age, each of whom may from time to time be determined and appointed by the Council. The chairman shall be chosen by vote of the committee. Any member of such committee, whether appointed by this Chapter or by action of the Council, may be removed by the Council at any time. SECTION TWO.This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE. This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on the 15th day of June, 2016, by the following roll call vote: AYES: Councilmembers Crane, Mulheren, Doble, Brown, and Mayor Scalmanini NOES: None ABSTAIN: None ABSENT: None Passed and adopted on July 6, 2016, by the following roll call vote: AYES: Councilmember Crane, Mulheren, Brown, and Mayor Scalmanini NOES: None ABSENT: Councilmember Doble ABSTAIN: None Stephen 0. Scalmanini, Mayor ATTEST: —)—Isx"' aw-v —0e?Vb--) -�Or Kristine LaWler, City Clerk 7 Attachment 4°O MEMORANDUM City of Ukiah Date: October 10, 2017 To: Kristine Lawler, City Clerk From: Jim O. Brown, Mayor Subject: Nomination for Traffic Engineering Committee I nominate Erich B.P. Sommer for the Traffic Engineering Committee as a Public Representative, to be considered at the October 18, 2017, Regular City Council meeting. Signature ' Attachment 5 RESOLUTION NO. 2017- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ACCEPTING THE NOMINATION AND MAKING APPOINTMENT TO THE TRAFFIC ENGINEERING COMMITTEE WHEREAS,the vacancies for City Boards and Commissions are noticed annually in the Ukiah DailyJournal;and were last noticed on July, 1, 2017; and were last posted on August 14, 2017, on the City's website, in the glass cabinet on front of the Civic Center, in the Ukiah County Library, in the public view binder, and in the City Clerk's office; and WHEREAS, there is currently one vacancy on the Traffic Engineering Committee; and WHEREAS, Erich B.P. Sommer requests appointment to the Traffic Engineering Committee as a Public Representative; and WHEREAS, the City Clerk's office has received written notification from Mayor Brown nominating Erich B.P. Sommer; and NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approved the nomination submitted per procedures outlined Resolution 2014-48 and does hereby appoint the following person and term: BOARD/ NAME POSITION NOMINATED BY TERM COMMISSION COUNCILMEMBER ENDING Traffic Engineering Erich B.P. Public Representative (Brown) Brown indefinite Committee Sommer PASSED AND ADOPTED this 18th day of October, 2017, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Jim O. Brown, Mayor ATTEST: Ashley Cocco, Deputy City Clerk 9 Agenda Item No.: 7d MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-155-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Council will Receive Notification of the Acquisition of Professional Services from Alpha Laboratories in the amount of$14,775 for Testing Services at the Water Treatment Plant. DEPARTMENT: Water Resources PREPARED BY: Jarod Thiele ATTACHMENTS: None Summary: Council will Receive Notification of the Acquisition of Professional Services from Alpha Laboratories in the amount of$14,775 for Testing Services at the Water Treatment Plant. Background: In accordance with State Water Resources Control Board Division of Drinking Water requirements, the Water Treatment Plant is required to conduct a variety of water quality tests. Discussion: Testing services were previously outsourced to a lab in Southern California. After repeated issues with sample handling and in an effort to reduce transportation-related problems, City staff switched to a local lab (Alpha Laboratories in Ukiah). Alpha has satisfactorily provided testing services for the City of Ukiah for a significant amount of time. RECOMMENDED ACTION: Receive Report BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: $98,000-#82024411.52100 PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sean White, Director of Water Resources; Michelle Whyburn, Interim Water Treatment Plant Supervisor; Mary Horger Procurement Manager Approved: S e Sang! omo, City Manager There are no Attachments to this Agenda Item. 2 Agenda Item No.: 11a MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-164-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Public Hearing to Consider Adoption of a Resolution Amending Fee Schedule for the Ukiah Police Department, Including Bike License Fees, Concealed Weapons Permits, Clearance Letters, Live-Scan Fingerprinting, Fees for Photographs, Second Hand Dealer Licensing, Taxi Permits and Fees Associated with Traffic Accident Reports. DEPARTMENT: Police PREPARED BY: Chris Dewey ATTACHMENTS: Attachment 1- Fee Worksheet Attachment 2- Hourly Rate Calculations Attachment 3- Bicycle License Ordinance Attachment 4- 2001 Fingerprint Staff Report Attachment 5- 1998 Stored Vehicle Fee Staff Report Attachment 6- 1993 Taxi Permit Resolution Attachment 7- RESOLUTION UPD Fee Increase Summary: The Ukiah Police Department is a public agency and does not profit from fees charged for certain services, but it is important to recover costs incurred from specific services offered to the public. The Ukiah Police Department is proposing revisions to the Department's Fee Schedule, which, if adopted, will help in the recovery of costs for services provided. RECOMMENDED ACTION: Staff recommends adopting a Resolution increasing Ukiah Police Department fees associated with issuing Bike Licenses, Concealed Weapons Permits, Clearance Letters, Live-Scan Fingerprinting, Photographs, Secondhand Dealer Permits, Taxi Permits and Traffic Accident Reports. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Dan Buffalo, Director of Finance; Darcy Vaughn, Assistant City Attorney; Sage Sangiacomo, City Manager Approved: S e Sang! omo, City Manager Background: In the past, the Ukiah Police Department has not undertaken a comprehensive fee schedule adjustment. Instead, individual fees were adjusted as needed to reflect the actual cost of providing a particular service. Because of this case-by-case approach, many of the Department's cost recovery fees are out of date and need to be adjusted to continue to capture the actual costs for services provided. Below is a discussion about each individual fee within the Department's fee schedule and attached is a worksheet (Attachment 1) outlining the calculations used to determine recommended fees for each service. For these worksheet calculations, a time study was completed for the tasks involved in providing each service, and this time was calculated against current hourly salary figures for position(s) necessary to complete the service, obtained by the finance department. (See Attachment 1 and 2) Discussion: Bike Licensing: The current fee for issuing a Bike License associated with Ukiah City Code ("UCC") Section 7405 is $3 (three dollars), which was adopted in 1975 (see Attachment 3). The current cost associated with issuing a Bike License is approximately $12 (twelve dollars) (See Attachment 1). In reassessing our current costs we are proposing the fee to issue a Bike License be raised from $3 (three dollars) to $10 (ten dollars). Carry Concealed Weapon Permit/Renewal/Modification: It's unknown when the Ukiah Police Department last raised the fee associated with issuing a Carry Concealed Weapon Permit, Renewing a CCW Permit or Modifying a Permit. The California Penal Code section 26150 and 26155 provides the Chief of a municipal police department or Sheriff of a county with the authority to issue a License to Carry a Concealed Weapon. The current fees associated with these services at the Ukiah Police Department are: Application/Administrative fee $25 (twenty-five dollars), Permit Renewal $52 (fifty-two dollars), and Permit Modification $10 (ten dollars). (See Attachment 1). In reassessing our current costs to issue a Concealed Weapon Permit, we are proposing our fees be raised for a CCW Permit Application Administrative fee from $25 to $100, Permit Renewal from $52 to $100 and Permit Modification from $10 to $20. Civil Subpoena for Officer: This is a standard $275 dollar fee set by California Government Code Section 68097.2. Set by State law; no proposed change. Clearance Letters with or without Notary: The Ukiah Police Department currently has no fee associated with issuing a Clearance Letter with or without a Notary signature to a member of the public. The cost to prepare a Clearance Letter to a member of the public is $11.18. The amount to prepare a Clearance Letter with a Notary signature costs the department on average $23 (twenty-three dollars). (See Attachment 1). In assessing our costs for offering these services, we propose adopting the fee of$10 dollars for a Clearance Letter and $20 dollars for a Clearance Letter with a Notary signature. 2 2 Copy of Police Reports: The cost of a police report is 10 cents per page set by California Evidence Code Section 1563 and California Government Code Section 6253(b) . Set by State law; no proposed change. Live- Scan Fingerprinting: The City last adopted a fee for Live-Scan Fingerprinting in 2001 (see Attachment 4). At that time, the fee was determined to be $12 dollars. While assessing current costs of equipment and employees' time, we have determined the cost to live-scan someone is now over $41 (forty-one dollars) (see Attachment 1). The Ukiah Police Department provides Live-Scan Fingerprinting to 350-400 members of the public each year. In reassessing our costs and taking into consideration what the Mendocino County Sheriff's Office is currently charging for the same service, we propose adopting an increase from $12 (twelve dollars) to $30 (thirty dollars) for Live-Scan Fingerprinting. Photographs: The Ukiah Police Department currently charges a fee of$1 (one dollar) per printed photograph. Due to current technology, most individuals and insurance companies prefer to receive photos as electronic files saved on a compact disc ("CD"). No fee has been adopted to provide individuals or insurance companies photographs on a CD. It costs the department approximately$12 (twelve dollars) to supply a CD with photographs saved as electronic files. (See Attachment 1) In reassessing our costs, we propose a $10 (ten dollar) fee be adopted to provide photographs on a CD and to increase the cost of a printed photograph cost to $2 (two dollars) per photo. Second Hand Dealer License: The Ukiah Police Department currently collects no administrative fee to issue a Second Hand Dealer license. There is a $300 (three hundred dollar) fee assessed by the Department of Justice and collected by Ukiah Police Department. (See Attachment 1) In assessing our costs, we propose adopting a $50 (fifty dollar) administrative fee to issue a Second Hand Dealer License. Stored Vehicle Administrative Fee: We propose keeping our administrative fee associated with Stored Vehicles at $65, which was adopted 1998. (See Attachments 1 and 5) Set by previous resolution in 1998; no proposed change. Subpoena for Records: The cost associated for accepting a Subpoena for Records is set at $15 (fifteen dollars) per California Evidence Code Section 1563(b)(6). Set by State law; no proposed change. 3 3 Taxi Permits: The Ukiah Police Department last raised its Taxi Permits fee by resolution in 1993 (see Attachment 6). At that time, it was determined the fee associated with this service per UCC Sections 2530 and 2531 would be $25 (twenty-five dollars). We have determined the current cost to issue a Taxi Permit application is just over $91 (ninety-one dollars). There is also a $44 (forty-four dollar) Department of Justice fee collected by Ukiah Police Department. (See Attachment 1). In reassessing our costs, we are proposing the current fee be raised from $25 (twenty-five dollars) to $86 (eighty-six dollars) to issue a Taxi Permit. Traffic Accident Reports: The Ukiah Police Department currently uses the fee schedule of 10 cents per page for copies of Traffic Accident Reports. Per California Vehicle Code Section 20012, law enforcement agencies shall charge a fee not to exceed the actual cost of providing a copy of a Traffic Accident Report. It costs the Police Department an average of$12 (twelve dollars) to provide a copy of a Traffic Accident Report to an involved party or insurance company (see Attachment 1). In reassessing our costs, we propose raising the fee from 10 cents per page to a flat $10 (ten dollar) fee to provide a copy of a Traffic Accident Report to an individual or insurance company. Vehicle Repossession Administrative Fee: The administrative cost associated with processing a vehicle repossession is set at $15 (fifteen dollars) by California Government Code Section 41612. Set by State law; no proposed change. Conclusion: Staff recommends adopting the Resolution (Attachment 7) increasing Ukiah Police Department fees associated with issuing Bike Licenses, Concealed Weapons Permits, Clearance Letters, Live-Scan Fingerprinting, Photographs, Secondhand Dealer Permits, Taxi Permits and Traffic Accident Reports. 4 4 H z w x U O O OIn ar LLy LL Q U LL U LL U LL LL O LL 'C 7 O O M V O 2 7 2 7 O 7 O O O O y0. ...' 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Now, Therefore, the City Council of the City of Ukiah does Ordain as follows: Section la. Section 7400 is amended by striking from the last sentence thereof the words plate and year. The word year is replaced with the word period. b. Section 7401d is amended by striking therefrom the last word thereof. c. Section 7402b is amended by pluralizing the word reflector found therein. Section 2a. Section 7404 is repealed in its entirety. b. Section 7404 is adopted as follows Section 7404 - License required: The license shall be issued for a term of Three (3) years from the first day of January of each and every Three (3) year period. Licenses due on January 1st shall be delinquent after January 31st, and all others shall be delinquent thirty (30) days after the due date. Section 3. Section 7405 is amended to read as follows: Section 7405 - Fees for registration, license and transfer; penalty a. The fee for the registration and licensing of each bicycle shall be Three (3) dollars. b. The fee for the re-registration in cases of lost licenses shall be One (1) dollar. c. The fee for the registration of any transfer of ownership shall be One (1) dollar. d. A One (1) dollar penalty shall be levied for registration and licensing after the delinquent date. CD e License fee shall be pro-rated on a yearly basis by a reduction of One (1) dollar thereof per year of term expired. Section 4. Section 7406 is amended to read as follows: Section 7406 - Form of license and registration card: The City shall provide State of California licenses numbered in consecutive order and shall also provide registration cards, with the name of said City printed thereon, numbered consecutively with space for the name of the licensee and for the name and serial number of the bicycle for which the license is issued. Section 5. Section 7407 is amended by striking therefrom the word plate in its title and body. Section 6a. Section 7408 is repealed in its entirety. b. Section 7409 is amended by renumbering it as Section 7408. c. Section 7410 is amended by renumbering it as Section 7409 and striking therefrom the word plate. The word license is hereby substituted for the 2nd plate as found in the body of the section. d. Section 7411 is amended by renumbering it as Section 7410 and further amending it by changing the time period stated therein to 10 days instead of 5 days. e. Sections 7412 and 7413 are amended by renumbering them as Sections 7411 and 7412. f. Section 7414 is amended by renumbering it as Section 7413 and further amending it by striking therefrom the word plate. g. Section 7415 is amended by renumbering it as Section 7414 and further amending it by striking therefrom the words plate and year. The word year is replaced by the word period. h. Section 7416 is amended by renumbering it as Section 7415 and further amending it by striking therefrom in the body of said section the number 7415 and substituting therefore the number 7414. i. Section 7417 is amended by renumbering it as section 7416. j. Section 7418 is amended by renumbering it as section 7417 and by amending it to read as follows: Any violation of this article shall be considered an infraction. PASSED AND ADOPTED this 21st day of May, 1975 by the following roll call vote: AYES: Councilmen Simpson, Wood, Norgard, Councilwoman Pearson and Mayor Weinkauf NOES: None ABSENT: None s/Gary M. Weinkauf Mayor ATTEST: s/Hattie M. Tillotson City Clerk 90TY CLINK _My Of Umch. Con, lerMW To So A Tw.Ad S"cop. .ab Idstll* M. Tilbtf'r, N r e. N N yy U 8 •o a .Ni �d L.. 0 O C7 O 04- td C .� �p C C .� w_ u ° H u O �r �ytj Q o, CL .. u L' u ZE C p u > o mono , � � OoCf �`• , ea O `'"' rV rC Ji "" C w W 0 0 O aCIO Lo° C u a euo a o Ca c O4 OU uyeq '° Uua� c auv� e Z a a�� o La. o A ac, °c =opo > .. o Oo. a co° As � N �L Z L d ° " m v� q � ca tj 42 �26 q0 e u � m�° e � 15 auiaU xdUas a°° '•��°a Qu xU o > ~ 0 oa - GoU 0auw a o— C ° �w •�� � o '� � u „ oy ew c o. °" U�.a° � ? 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She advised that this is an extremely complex issue and if the Council chooses to go forward with adoption of such an ordinance, staff would request that in order to reduce staff time and administrative costs, the requirements be based on the honesty system, where compliance is voluntary, and that the CFARs be exempt from the policy. She advised that staff spent approximately 92 hours on this project. Mayor Ashiku inquired of Councilmember Smith if the Ukiah Valley Association for Habilitation receives City contracts. Councilmember Smith explained that his employer, the Ukiah Valley Association for Habilitation, does not receive any contracts with the City at this time; however,they may be interested in bidding on services such as shredding. He discussed the status of his regular and trainee employees and inquired if they would be exempt. Councilmember Baldwin recommended that Council hearthe Public Hearing atthis time, and then refer back to this agenda item to allow further public comment. Consensus of Council was to continue this agenda item after the Public Hearing portion of the meeting. 10. PUBLIC HEARING (Z:00 P.M.) a. Public Hearing and Adoption of Resolution Approving User Fee for Live Scan Fingerprint Processing Police Chief Williams explained that the City of Ukiah Police Department recently obtained a Live-Scan Fingerprint machine through a State of California Department of Justice (DOJ) Grant. As a result of this grant, the Ukiah Police Department will provide applicant fingerprint service to the community forthe purpose of transmitting juvenile,adult, and citizen-applicant electronic fingerprint records to the DOJ. In addition, staff conducted a survey of nearby agencies that charge a user fee for processing fingerprints and conducted an expense determination study to set an appropriate user fee for the community. Based on this cost study, the Ukiah Police Department recommends a user fee of$12.00. Mayor Ashiku noted a typographical error in the Resolution submitted and that the third paragraph should read "Whereas, the City of Ukiah conducted an expense determination study which identified the expense to provide this serve as$12.12,including personnel and material costs". Public Hearing Opened: 7:06 p.m. No comments received. Public Hearing Closed: 7:06 p.m. M/S Smith/Baldwin Adopting Resolution 2001-46, as amended,establishing a User Fee for live scan fingerprint processing in the amount of$12.00, carried by the following roll call Regular Meeting March 21, 2001 Page 4 of 18 ti vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 11. UNFINISHED BUSINESS 11b. Discussion and Possible Action Regarding Living Wage Policy and Ordinance Councilmember Baldwin inquired of staff if seasonal employees of the City would be exempted from the proposed ordinance if they were under 18 years of age or students. City Manager Horsley explained that if they are under 18 years of age they could be exempt, however, many of the seasonable employees are college students for the WSI and the lifeguard positions. She did not know what percentage of those employees are under 18 years of age. Councilmember Baldwin referred to the city of Corvallis' rules regarding the record keeping, complaint process, and penalty section, and noted that it is not totally voluntary; that some reporting takes place. He reminded Council of the basic premise that no one who works full time should live in poverty. Also, the City of Ukiah shouldn't be using tax dollars to pay any full time worker less than what it takes to live decently in Ukiah. The proposal is for $8.75 per hour with health benefits and $10.00 without benefits. He advised that research has demonstrated that most of the fears regarding such an ordinance have not played out; such as increase to city budgets, fear that local businesses won't bid on service contracts, and that private providers have had to lay of employees. He continued with discussion of favorable reports from the other cities concerning the results of their living wage ordinances. He discussed the affects on non-profit agencies and consideration should be made as to whether non-profit agencies should pay less than a living wage. He suggested that there be a special section for non-profit organizations in the ordinance that it reads"A non-profit organization qualifying as a CFAR shall be required to come into compliance with the standards contained herein within four years by raising the wages of their substandard employees 25% of the difference between their present pay and the standard wage prescribed herein on an annual basis, factoring in the living wage adjustments as they occur and based on the approved Consumer Price Index. That a non-profit shall be exempted completely from this section if employees fewer than seven employees for each of 20 or more weeks in the current year, or if the salary ration between the highest paid and the lowest paid employee is less than 3.75 to 1." It was his belief that since fewer than 33% of the private employers have more than five employees, that Council consider exempting businesses that have fewer than seven employees, rather than 10. He also felt there should be a waiver process that would include trainees, interns, and long-term unemployed and be part of the hardship consideration. Councilmember Libby questioned Councilmember Baldwin as to how he would address the issue of the City's procedure to use open Purchase Orders (PO) with the chain stores. Many of these stores pay minimum wage and provide no benefits. The City does not have a contract with the stores, only a PO. She raised the issue of fairness. Regular Meeting March 21, 2001 Page 5 of 18 CO Councilmember Baldwin responded that the living wage ordinance would only apply to those that received City financial aid or have service contracts. This aspect may have a significant impact in terms of monitoring and compliance factors regarding staff time. Councilmember Smith advised that most of CFAR's funds do not represent 100%of their budget, and in most cases it is only a small portion of their budget. Most non-profit agencies would love to pay well above the $8.75 wage to obtain and retain qualified employees to perform the jobs. However,they do not have the funds to pay this wage and to pay health insurance and other benefits. As an employee of a non-profit agency, he recently was told that they need to plan on a 20% increase in health insurance premiums for the coming year. They pay higher than the$8.75 wage and provide full health benefits. Not all non-profit agencies are in a position to do that and it is a continuous fight to raise funds to meet the daily expenses. He was not in favor of an ordinance at this time, especially when most of the businesses are currently meeting the proposal and if it may result in increased cost to the City or perhaps to those contracts. Mayor Ashiku explained that the impact to part-time employees would result in$55,000 to the City's General Fund. He discussed his concern with the annual allocations to non-profit agencies being reduced in order to increase the wages of part-time City employees. He was not supportive of an ordinance and noted that people have a choice as to their employer and the matter concerns the contractual relationship between an employer and employee. He was opposed to interfering with that relationship. He discussed he functions of other CFAR's and felt that the non-profit agencies will have less money to provide direct services to the needy people they serve because of compliance with this proposed ordinance. Councilmember Smith explained that the general business community sets the prevailing wages in the community. We should rely on them and recognize the situation of Masonite closing which will have a significant impact on wages in the community with the loss of 262 people trying to find jobs. Councilmember Libby advised that she has been an active supporter of small business and employees. She didn't feel the living wage ordinance addresses the real problems in Ukiah as far as wages and benefits. She sees the living wage ordinance more as a political movement that will drive up government costs. You can't bring legislation into Ukiah from metropolitan areas and try to retrofit it to Ukiah. Mayor Ashiku felt the solution is to create jobs,which would solve a lot of the problems in the community. In the past year new industries have been added to the community and felt it is the type of action that creates opportunity and better wages. Councilmember Larson proposed that Council direct Staff to prepare an ordinance or resolution, as appropriate,to require businesses contracting for goods or services with the City to submit a questionnaire with information regarding their wage standards. Regular Meeting March 21, 2001 Page 6 of 18 rn Lynn Hoomalu, Ukiah, explained that many businesses in Ukiah pay less than$8.75 per hour but provide health care, paid leave, and paid holidays. When added together, their hourly wage is more than $8.75. Al Beltrami, representing the Mendocino Employers Council, advised that if the City is interested in the amount of wages paid,they may consider the League of California Cities' effort to support AB181, which will require that the minimum wage of$7.25 be effective in the year 2003, and increased in subsequent years. The minimum wage would then be adjusted annually based on the Consumer Price Index (CPI). Laura De Lovato, Executive Director of the Ukiah Community Center,explained that many non-profit agencies would like to increase wages, however,they are unique in that they do not charge for services and depend on donations to operate. Donated income may have restrictions toward salaries, making it difficult to increase salaries for those working for the program. She explained the funding sources and expenses of the Ukiah Community Center. Terry Poplawski, 612 Walnut Avenue, explained that he is a member of the Mendocino County Coalition Effort. He commended staff for their research on the matter and felt that a living wage ordinance is a worthwhile endeavor. He discussed educational activity about living wages to bring to the forefront of the community. Zohar Zaied,619 North Pine Street,questioned why the City spends money at local chain stores that have low wages, rather than locally owned businesses that pay more. M/S Larson/Baldwin directing staff to prepare an ordinance or resolution, as appropriate, requiring all businesses or organizations that conduct business with the City to provide information as to whether they pay living wages to their employees, based on the criteria discussed. Councilmember Baldwin felt that this motion is the least we can do as a movement towards a voluntary living wage concept for the City. He expressed his disappointment that Council is not considering a living wage ordinance. Councilmember Smith explained that, based on the information provided in the Staff Report,the majority of the businesses that the City contracts with are meeting the goals of the proposed ordinance. By introducing an ordinance, we would not be changing a great deal except maybe introducing some costs to the businesses and the City. He questioned what new information would the City gain by passing the proposed motion. Mayor Ashiku explained that he is opposed to the motion because he felt it would become cumbersome and require businesses to become familiar with this proposal that does not have the majority of Council's support at this time. It would also require businesses to submit compliance reports to the City and for staff to analyze the data. Motion failed to pass by the following roll call vote: AYES: Councilmembers Larson and Regular Meeting March 21, 2001 Page 7 of 18 C) N Baldwin. NOES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. Mayor Ashiku thanked the City Manager and Staff for their thorough analysis. 11. UNFINISHED BUSINESS 11c. Approval of Fire Subcommittee Members and Authorization to Negotiate with Ukiah Valley Fire District and California Department of Forestry for Fire Service Consolidation Interim Fire Chief Grebil thanked Council for attending the Special Meeting of March 8, 2001 with the Ukiah Valley Fire District (District). At the March 14, 2001 District meeting, a motion was approved supporting the Joint Powers Agreement (JPA) concept to include participation in sub-committee meetings. District President Gattenberger will appoint two members each of the regular and volunteer firefighters from the District to the sub- committee. Councilmembers Larson and Baldwin volunteered to serve on the sub-committee, with Counclimember Libby as an alternate. City Manager Horsley explained that approximately two meetings would be needed to discuss issues related to how the JPA would be set up. Chief Grebil noted that it is preferred that the meetings be held on Wednesday, beginning at 4:00 p.m. Recessed: 7:57 p.m. Reconvened: 8:10 p.m. 12. NEW BUSINESS 12a. Discussion of Wood Stoves—Vice-Mayor Baldwin Counclimember Baldwin explained that he is bringing the matter to Council's attention after a request from Suzanne Pletcher of Ukiah. He stated that no one is suggesting any form of ban on wood stoves, but would like to look at proposals that may improve air quality, particularly during the winter months, related to new construction, remodels, an advisory or mandatory"Spare The Air Day"based on the air quality, and issues related to gas appliances being converted to wood stove appliances. Staff assisted with a brief report, which he read to the audience. The Reports states that the Mendocino County Air Quality Management District(District) does not have an ordinance regulating wood burning stoves. Planning Director Stump advised the Implementation Measure OC-38.1 (d) in the General Plan is essentially completed. Item "b" in the Measure, "install only EPA-certified wood stoves, fireplace inserts and pellet stoves". This even applies to remodels if the contractor is proposing a wood stove appliance, then it must be EPA-certified. He noted that 99.9% of the appliances that are proposed are EPA-certified with catalytic converters, etc. At the present time, the City is not requiring conversion of old wood burning stoves. Regular Meeting March 21, 2001 Page 8of18 N Councilmember Larson inquired if there is currently a City ordinance or restriction concerning the installation of non-EPA approved appliances. Mr. Stump explained that although there is no City ordinance, however,there are Uniform Building Code requirements that require an EPA-certified stove. He described the differences between a fireplace insert and a pellet or wood stove, as well as a masonry fireplace. Mayor Ashiku inquired about the status of Implementation Measure 38.1(b) and (e) and if the District has proposed any regulations. Mr. Stump advised that, to his knowledge, the District has not proposed any measures. With regard to Measure 38.1 (e), he explained that this Measure speaks to a regional approach to the issue. He felt the City should rely on the expertise of the District for technical information relating to a perceived problem that would possibly lead to regulation. There has to be a partnership. City Manager Horsley noted that through the City's General Plan and the attached air quality conditions that were prepared for the Mendocino County Air Quality Management District, there are agreements between the three agencies to complete some of these measures. It was her belief that the District was the lead agency at the time to do some of the programming and planning. She referred to the Air Quality Study which addresses possible actions for residential wood combustion, such as assistance rebate programs for older stoves that do not meet EPA standards, as well as the insulation of better performing wood burning devices for low income households. These are some of the items that the three agencies would need to coordinate their efforts. Councilmember Baldwin advised that if it is verified that this particular type of pollution is dangerous, we should move forward to help the situation. Dean Wolbach, Senior Air Quality Specialist for the Mendocino County Air Quality Management District advised that he is present on behalf of Phil Toll, APCO. The District has progressed in some areas, but not nearly as fast as they would like. He advised that the air quality in Ukiah is very good and has been improving over the past 10 years, but has declined marginally in the last two years with regard to particulate material. The District feels that, as growth continues, more and more problems will be seen. They are encouraged by the City's efforts to look at this issue and possibly take action. The District continues to gather information for their Board, and once their General Plan has been approved, their Board will provide them direction with regard to further regulation. In any case, unless they make more stringent regulations than Ukiah, there is no prohibition for Ukiah to set their own standards and there is nothing that the District would do to overwrite it. Ms. Horsley referenced the Criteria Pollutant Emission and Air Quality Table for Mendocino County, attached to the Staff Report, for PM10. She inquired as to the Regular Meeting March 21, 2001 Page 9 of 18 N N fluctuations in numbers. Mr. Wolbach explained that when the District has exceedences on one or two days, one causes may be attributed to wildfires, especially in 1994 and the 1997, as well as the year 2000. Also when there is an especially cold winter, there will be an increase. There may be an increase in the year 2001 because there will be an extensive amount of prescribed burning for safety and fire prevention reasons and for an increase in agricultural and forest management burning. He is currently in the process of preparing a Smoke Management Program and Plan to attempt to mitigate those impacts from these types of burning. Mayor Ashiku inquired if there is any raw data on actual exceedence during the winter months that are directly related to residential wood burning. Mr.Wolbach explained that they are currently taking samples of each time they measure an exceedence, and analyzed to determine their major components, and then a random number of samples that are below exceedence levels and analyze them. In every case where they have exceedence, there is a much higher level of wood smoke type material present. He felt that the problem in the Ukiah Valley during the colder months concerns an inversion layer that traps smoke at night fairly low down to the valley floor. Mayor Ashiku noted that in light of all these problems, he did not understand why the District is waiting for the Board of Supervisors to move forward with their General Plan. He felt it is a regional problem. Mr. Wolbach explained that although it is a regional problem, it is not at a problem level that triggers both a state and federal emphasis, which translates to the funding they receive. The District is hopeful they can work with the City to get a jump on some of these things before they get to the point of where the federal and state agencies say they must find a solution, and provide funding to do it. Suzanne Pletcher, 1385 Yokayo Drive,discussed problems with smoke from wood stoves causing pollution problems in her neighborhood,which is densely populated. She felt it is a serious public health issue and it directly impacts Ukiah's neighborhoods. She explained that the idea is not to ban fireplaces and woodstoves, but to reduce their impact. In an effort to be constructive, she offered four ideas from other cities, which she provided to Council: 1. Establish a loan or grant program to help homeowners, particularly those who burn wood to heat their homes, upgrade to cleaner burning appliances. 2. Establish a phone number that citizens can call when they are concerned about excessive smoke in their neighborhood. Mail information to all households in the neighborhood. If the complaint is about one home, work with the homeowner to solve the problem. 3. Either require that smoke from chimneys or stovepipes be light (less than 40% opacity) or pass an ordinance that requires new construction and remodels to incorporate low-emission fireplaces and woodstoves. 4. Many people in Ukiah use their fireplace or woodstove for special occasions. If they Regular Meeting March 21, 2001 Page 10 of 18 co N could look in the air quality section of the local newspaper and see a symbol that it is okay or not okay to burn, then they can make responsible choices. She explained that wood smoke is particularly harmful to children and requested that Council consider monitoring the area near Nokomis School during the winter months, as well as the proposed new school site on South State Street. She continued to discuss the health problems she has had and those of her family. Park Steiner, Environmental Consultant from Potter Valley, advised that he was involved in getting the County to enact a burn ban ordinance for trash barrels and the process took over two years. He explained that Mendocino County residents are notorious for burning their trash in wood stoves. He discussed the content of PM10's. There is a high level of toxicity in trash burning because of incomplete combustion of plastics. He suggested another item should be added to the list presented by Mrs. Pletcher that a very strong repetitive public education campaign be established to alert citizens of what they can and should not burn. Once awareness has been established, there will be significant improvement. Tim Pletcher, 1385 Yokayo Drive, stated that the issue concerns negative environmental and adverse health affects to the community at large. He discussed problems related to the growth of Ukiah and felt the City should be proactive regarding the situation. He recommended initiating a rebate program as well as an educational program for the community. Hiawatha Blake, 517 South Oak Street,felt that wood smoke might have contributed to his family's ongoing health problems. He is supportive of an ordinance that would improve the quality of wood burning appliances in new homes. Dotie Copeland, 1240 North Pine Street, stated that she lives next door to a home that burns garbage and plastic in their fireplace. Councilmember Baldwin recommended that Council take the lead to improve the air quality of the community. Councilmember Baldwin inquired if a woodstove needs to be hooked up and in place with new construction projects. Mr.Stump explained that the Building Inspector makes sure that the construction project is completed according to the approved set of plans. City Manager Horsley inquired 'rf there are any timeframes or plans for when the District would be able to implement some of the programs, based on the General Plan and study. Mr.Wolbach explained that this issue is currently under debate within their office. One of the first issues they will look at is what the outcome will be as they work on development of the Countywide General Plan this summer. The District will need to rely on the guidance of Regular Meeting March 21, 2001 Page 11 of 18 N the Board of Supervisors before they take action. City Manager Horsley explained that educational information concerning not burning garbage could be included in the City's newsletter and posted on the City's Web Page. There would not be any cost associated with this type of service. However, if additional mailers were needed, then postage would be the greatest cost. Councilmember Smith felt Council should direct Staff direction to provide information to the public that would include incentives for the District to move forward in this direction as well. Mayor Ashiku inquired about the status of the County regarding implementation measures for the Ukiah Valley Area Plan. Mr. Brown explained that a lot of the implementation measures related to air quality have been trimmed back and the Board would like to focus on those that they feel will be accomplished. He was of the understanding that there is a measure requiring all primary dwellings to have a primary source of heat that is not a woodstove. Although there is some wording related to energy efficiency, it is not as clearly defined as when the City reviewed sections related to wood combustion. Councilmember Baldwin felt if the City took a leadership role in the matter it might motivate the other agencies to do something similar. He recommended that Council direct Staff to work with Mrs. Pletcher's concepts, and the Petaluma ordinance, and return in three months to Council with options for wording of an ordinance. Councilmember Libby felt an educational program by the City would be most beneficial. She discussed helping those that are economically disadvantaged and noted these same people are trying to reduce their gas and electric bills. She was not supportive of banning the use of woodstoves in Ukiah. City Attorney Rapport advised that the City does not need to enact an ordinance to implement some of the items discussed. He will investigate regulations concerning new construction. Mayor Ashiku was of the opinion that there is a health issue during the winter months related to an air quality problem as far as particulates. He discussed encouraging public awareness and public education programs. He inquired about an exchange-out program and the costs involved. Councilmember Smith explained that,according to the Ukiah Valley General Plan and the Growth Management Program, implementation measures 03-38.1(e)would accomplish this concept. He would like to see direction to include incentives to voluntarily retrofit existing homes containing older, highly polluting woodstoves and fireplaces, with the EPA-certified burning appliances. This would be in cooperation with the City, County, and Mendocino County Air Quality District. Regular Meeting March 21, 2001 Page 12 of 18 LO N Mendocino County Board of Supervisor Shoemaker, 1379 Beacon Way, advised that his neighborhood is highly impacted by wood smoke, and he noted that he owns a wood stove. He discussed a committee that he served on last year that directed the District to find state funds for this situation. He recommended Council should contact the League of California Cities, Redwood Empire Division, with their concerns related to this issue, and solicit additional support from other rural cities. With this support,the issue could be taken to the state representatives as part of California's energy crisis, and perhaps the state would provide funds. Currently, it costs approximately $1,500-$3,500 to retrofit an old woodstove. Mayor Ashiku advised that Mrs. Pletcher has presented constructive solutions. A volunteer and educational approach related to the issue is needed. He also felt the concept of meeting on a regional basis would be beneficial and to request funding from the state. He proposed that Council direct staff to pursue the concept of an educational campaign with the City's current mailers to bring about awareness of issues with wood smoke, what we can do as citizens to reduce impacts voluntarily, and to work on a regional solution to meet with cities within Mendocino County, the Board of Supervisors, and the District to develop regional strategy to improve air quality as mandated in the City of Ukiah's General Plan. The City could then pursue options with the League of California Cities and state representatives for funds for a retrofit change-out program. As part of the informational campaign, staff would provide information to Council related to a strategy to utilize media resources to bring about awareness and to publicize the hot line available through the District so people could be informed about conditions that lead to poor air quality. He did not think an ordinance is appropriate at this time. Councilmember Libby requested Staff to look into what citizens can do on a volunteer basis and on an educational basis. She opposed an ordinance at this time and felt current regulations are sufficient. It was her hope that the District Board could be more active. Mayor Ashiku stated that he felt this is a health issue and thanked Mrs. Pletcher for bringing the matter before Council. He felt there is a need to work toward solving this problem and to educate the public. Councilmember Baldwin felt the District does not have a significant ordinance to enforce. The City's General Plan states that the City"may"act in several sections. It does not say that we need to wait for another agency to act first. He felt there might be a need to use funds from the Narcotics Task Force to enforce City ordinances related to planning,zoning, and environmental regulations. Consensus of Council was supportive of direction to Staff to develop an educational program, interfaced with County agencies, and work towards a legislative solution as far interfacing with state representatives through the League of California Cities to obtain funds on a regional basis regarding the matter. Councilmember Larson opposed the recommendation to staff. Regular Meeting March 21, 2001 Page 13 of 18 N Recessed: 9:41 p.m. Reconvened: 9:56 p.m. 12. NEW BUSINESS 12b. Adoption of Resolution Approving a Pre-Application to the Economic Development Administration for Airport Terminal Remodel Grant Assistant Airport Manager Richey advised that at the previous meeting,the City Council approved a contract for architectural services for the preparation of a pre-application to the Economic Development Administration (EDA)for grant funds for the remodel and upgrade of the Airport terminal and administration buildings. In order to submit that application, EDA requires the City Council also adopt a resolution supporting the project and authorizing the pre-application. Architectural renderings would be available next week. M/S Smith/Libby Adopting Resolution 2001-47, Authorizing pre-application to the Economic Development Administration for upgrade and remodel of the Airportterminal and administration building. Community Development Director DeKnoblough explained the funding for the project and that the City would receive 60% of the cost of construction and the remaining 40% would be from EDA through a Rural Development Corporation loan. It would be a 40-year loan and funding would come from the Enterprise Fund at the Airport. Councilmember Baldwin was of the opinion that the project is too costly and grandiose. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Mayor Ashiku. NOES:Councilmembers Larson and Baldwin.ABSENT: None. ABSTAIN: None. 12. NEW BUSINESS 12c. Discussion and Selection of Alternative Way of Spending Remaining WART Air Quality Mitigation Fund Planning Director Stump advised that when the Big Kmart store was built in 1994, one of the conditions of approval placed on the project was that Kmart would pay into an Air Quality Offset Fund in the amount of$36,250. This money was paid and the Council, at that time, determined that $19,800 from the fund would be spent on preparation of a Master Bicycle/Pedestrian Plan (Plan),and the remaining$16,450 would be used for grant matching funds for implementation of the Plan. The "Walk and Roll Coalition", a local bicycle advocacy group has approached staff with an alternative way to spend the $16,450. They feel that the$16,450 by paying a consultant to prepare grants for the City to secure money to implement the Plan. Staff is supportive of this approach because of the lack of staff time available to spend on grants. He recommended allocating$10,000 for consultant assistance and reserving $6,450 for either grant matching funds or continued consultant assistance if"no-match" grants are pursued. Councilmember Larson advised that in excess of$100,000 is available in STIP funds through MCOG for bike and pedestrian purposes. He noted that a new cycle is coming up Regular Meeting March 21, 2001 Page 14 of 18 ti N soon and the City should receive 5% of between $15 and $10 million. This is a potential source for grant funding that could be pursued. Chris Brown, Mendocino County Air Quality Management District, advised that he serves on the Technical Advisory Committee for MCOG and explained that the deadline for bicycle and pedestrian grants for STIP funding is May 30, 2001 and more than $500,000 is available in that cycle. Discussion followed concerning the matter. It was noted by staff that the projects would be prioritized and be reviewed by Council. There was also discussion concerning the cost for a consultant, depending on the type of grant. The contract for the consultant would be structured carefully. Jennifer Puser, 309 Jones Street, advised that she spoke to Mike Jones from Alta Consulting and he advised her that there would be three or four important grants available soon. She explained that grants available, other than MCOG, include a Federal and State Bicycle Lane Account. Sanjeev Balajee, Ukiah, explained that he is an avid bicyclist year-round. He stressed the importance of moving forward to obtain more bike lanes in Ukiah with a primary concern for safety. He discussed statistics for traffic related fatalities that involve pedestrians and bicyclists and environmental health benefits to the community. Mr. Brown explained that MCOG and the state Bicycle Lane Account looks for matching funds. A State Bicycle Lane Account can be matched with MCOG money. A consultant can match one account with another and make the process work more easily. He advised that bike and pedestrian lanes could also be used for those individuals using a wheelchair, pushing a stroller, and for those using electric mobility carts. Paul Andersen,309 Jones Street, explained that the Ukiah Police Department was asked to develop pedestrian/bicycle injury statistics. He is supportive of bicycle and pedestrian safety and felt the community is also supportive of bike lanes and improvements to pedestrian walkways. M/S Smith/Ashiku directing Staff to use up to$10,000 of the remaining Kmart Air Quality Funds for consultant assistance for grant writing services. Discussion followed concerning the amount of money to allocate for consultant services. M/S Smith/Ashiku amending the motion to include that$6,450 is allocated for either grant matching funds, or continued consultant assistance if "no-march" grants are pursued. Motion carried by the following roll call vote:AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 12. NEW BUSINESS Regular Meeting March 21, 2001 Page 15 of 18 CO N 12d. Consideration and Adoption of Resolution Revising Compensation for City Clerk City Manager Horsley explained that annually the City Manager discusses the performance of the City Clerk and proposes a compensation increase, as was directed by Council several years ago. An on-going concern is the fact that since the City Clerk is elected, there are no prerequisite skills required in order for a person to run for that position. She proposed to the City Council that one method to adjust for various skill levels of a City Clerk is to provide a 5-step range within which the City Council, based on the job performance of the City Clerk, may place the City Clerk. There is a 5% difference between each step. These steps are also equivalent to the Administrative Secretary classification within the City, but at a 32-hour level. The City Clerk's current annual salary is$20,862, and based on her job performance of the job duties and functions,and the time that she has been in this position, she recommended the City Clerk's compensation be increased to Step C, which is $23,000 annually. She received some information that perhaps more detailed criteria would be preferred by Council as to what level has to be reached to achieve each step. Upon direction by Council, staff can bring that information back to Council at a later date. Councilmember Larson was of the belief that some objective criteria should be established that sets a standard by which Council needs to hold itself in judging the performance of the City Clerk or other elected officials. Because the political option of punishing another elected official through a low rating is available to the Council, there should be some measure of accountability. He noted his concern that Council is passing judgment on another elected official. Councilmember Smith referred to the proposed resolution in which it states that during the budget process, the City Manager will perform an evaluation of the City Clerk. Since the City Clerk is an elected position,the real evaluator should be the public that elected the official. Mayor Ashiku discussed the responsibility of the City Manager being charged with the evaluation of the City Clerk because she works with the City Clerk on a daily basis. Councilmember Baldwin discussed the situation if an unskilled person were elected to the City Clerk's position, their salary would begin at Step A, as proposed. Councilmember Libby stated that she is disturbed by the effort to pay the City Clerk based on skills established for City employees. She explained that if the City Clerk gets behind in her duties, she gets help from staff. As an elected official, she makes her own hours and takes time off when she wants. She did not think an annual salary raise is necessary, like an employee, and should not be tying this elected office to the salary of City employee classifications. Mayor Ashiku explained that the public spoke to the issue of whether they wanted the City Clerk to be elected or appointed. The determination of salary, merit pay increases, and Regular Meeting March 21, 2001 Page 16 of 18 rn N performance evaluation, is under the purview of the City Council. City Clerk's have considerable training beyond a high school graduate. The position is very demanding and technical. He felt the City Clerk does a good job of keeping Council informed regarding political filings and other legal matters. He felt it is fair, and the only way to consider compensation is to compare it to comparable work and the hours required. He concurred with the City Manager's findings that the City Clerk has performed her function and has demonstrated throughout the years her capacity to perform these functions very well. He felt that the matter can become politicized by having the City Council do the direct evaluation of the City Clerk and is best handled by the City Manager. M/S Smith/Baldwin Approving the step levels as presented in the Staff Report, and Adoption of Resolution No.2001-48, Approving Compensation for City Clerk; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None. 13.CITY COUNCIL REPORTS Councilmember Smith reported that he attended the annual dinner for the Main Street Program and both he and Assistant City Manager Fierro received certificates of appreciation. The City also received a certificate of appreciation. Councilmember Libby reported that the Sun House Board of Trustees met and there was discussion about having a museum caf6. The Board decided that if this is something the City would like to pursue, it should be a City action and not a Sun House Guild action. Dr. Marvin Trotter provided a presentation to the Chamber of Commerce concerning the Community Recreation Center today. He will be coming before the City Council with a presentation on the status of the Recreation Center and requesting Council's support for this project. 14.CITY MANAGER/CITY CLERKIDIRECTOR REPORTS City Manager Horsley advised that the Calffornia Integrated Waste Management Board is doing a Food Diversion Workshop at the Arcata Community Center. She provided information to Council on the Workshop. She also had a draft electricity update from the Public Utilities Department, as requested by Council, concerning the rolling blackouts, conservation, and what can be done. This will be distributed to the public in May. She requested Council's comments prior to reproduction. She noted that the Commissioner Appreciation event would take place on June 10. This event will be combined with the Concert Series. This is the 10th year for the Concert Series and there will also be an announcement that it is the 125th anniversary for the City. City Clerk Ulvila reminded Council that FPPC Form 700, Statement of Economic Interests must be filed in her office by the deadline. Mayor Ashiku announced that he and Councilmember Smith would be attending a NCPA meeting tomorrow and solicited Council's input. Regular Meeting March 21, 2001 Page 17 of 18 O CO 15.CLOSED SESSION None. 16.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:48 p.m. Marie Ulvila, City Clerk Regular Meeting March 21, 2001 Page 18 of 18 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, March 21, 2001 The Ukiah City Council met at a Regular Meeting on March 21, 2001,the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present: Airport Manager Bua, Community Services Director DeKnoblough, Police Administrative Captain Dewey, Finance Director Elton, Assistant City Manager Fierro, Interim Fire Chief Grebil, Personnel Assistant Giuntoli, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Assistant Airport Manager Richey, Planning Director Stump, Police Chief Williams, Battalion Chief/Fire Marshal Yates, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Allegiance. 3. PROCLAMATION 3a.Designating April 2001 as MTA Month in Recognition of MTA's 25`h Anniversary Mayor Ashiku read the proclamation designating Thursday,April 12, 2001 as Mendocino Transit Authority (MTA) Day in Ukiah and called upon all citizens to examine their personal transportation options to become more aware of and more active in advocacy efforts to promote public transit in the City of Ukiah. Steve Turner accepted the Proclamation on behalf of MTA and discussed how MTA has grown during the past 25 years. MTA is looking forward to developing a transit center at the north end of the City. 4. INTRODUCTION 4a.Marge Giuntoli. Personnel Assistant Personnel Officer Harris introduced Marge Giuntoli as the City's new part-time Personnel Assistant. She will be providing the Personnel Department with assistance, primarily in the areas of employee recruitment and insurance benefits. Marge Giuntoli stated that it's nice to be back working for the City with familiar people. S. PRESENTATIONS None. 6. MINUTES 6a.Regular Meeting of February 21, 2001 Councilmember Baldwin noted a correction on page 9,third paragraph,that should read: "Councilmember Baldwin inquired if we continue collecting the Public Benefits Charge, how would it affect Mr. Barnes' projections for the future?" Regular Meeting March 21, 2001 Page 1 of 18 N co M/S Larson/Baldwin approving the Regular Meeting minutes of February 21, 2001 as amended; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None. 6. MINUTES 6b. Special Meeting of March 1, 2001 M/S Baldwin/Smith approving the Special Meeting minutes of March 1, 2001 as presented, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. S. CONSENT CALENDAR M/S Smith/Larson approving items a through a of the Consent Calendar as follows: a. Approved Disbursements for Month of February 2001; b. Approved Extension of Lease with the State of California Department of General Services on Behalf of the California Department of Forestry for a Portion of the Ukiah Regional Airport; c. Approved Right-of-Way Agreement Renewal with Louise Younce for FAA/Airport Beacon; d. Approved Amendments to Contract with Jeff McMillen for Golf Professional Services; e. Approved Budget Amendment for the Completion of Urgency Repairs to the Grace Hudson Museum. Motion carried by the following roll call vote:AYES:Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 11. UNFINISHED BUSINESS 11a. Status Report on West Hills Management Plan Battalion Chief/Fire Marshal Yates explained that since the Fire Department's last update to Council on the status of the fire hazard reduction program in the western hills, there have been about 35 days of work from the crews at Parlin Forks Conservation Camp. The project last year began at Low Gap Park and wound through the area west of Maple Avenue and Valley View Drive. This year, the program picked up along the southern boundary of the park and the crews have been progressing south. The fuel break is about a mile long and between 50 and 300 feet wide. This variation of width is a reflection of the type of varying vegetation and the terrain. They are currently working in the area adjacent to West Standley Street. The plan is to next move the crews to around the 300 block of South Highland Avenue and to start working north. This portion will tie into the southern side of the Standley Canyon draw. Regular Meeting March 21, 2001 Page 2of18 co co Some delays in their work schedule have been related to weather, higher priority projects, and also no burn days. All of the property owners in the area of the fuel break have been contacted and staff attempted to keep them informed of the progress around their area. He invited members of the Council to tour this area with him and to see first hand the progress of reducing the fire hazard in the western hills. 11. UNFINISHED BUSINESS 11b. Discussion and Possible Action Regarding Living Wage Policy and Ordinance City Manager Horsley distributed a letter from The Ford Street Project that was received by the City. Mark Rohloff, Executive Director, describes the program and noted that the annual cost, if the living wage proposed ordinance were to go into affect, would add approximately $36,834 to the Ford Street Project annual budget. Options noted in the letter were to reduce the staff or to try to find other funds to accommodate the project. An analysis of a living wage ordinance was prepared by staff and presented in the Staff Report. Proponents of the ordinance express concern that the lowest paid wage earners cannot receive an adequate income to pay for basic living expenses. Opponents believe that the market should be the ultimate determinant of economic distribution. They propose that a living wage ordinance will cause undue increases in costs to the government and will lead to increased unemployment. Staff also performed a survey of several cities. The cities of Corvallis and Oakland were selected for discussion because they are at opposite ends of the spectrum. She reviewed the information on these cities, as provided in the Staff Report. The survey conclusions are that most service businesses contacted that do not provide health benefits pay the higher wage that would be required by the ordinance with the exception of Solid Wastes Systems and the security guards. Most full-time employee wages meet the minimum of$8.75 when there are no corresponding health benefits provided. Some part-time employees start at a minimum wage of $6.25. Twelve paid days off annually are not consistent with most businesses. She discussed the financial impacts to the Ford Street Project and Ukiah Community Center (UCC) due to the fact that they have over 10 employees. The unique issue with CFARs is that the substantial funds received by these entities are not really City funds. The City receives the grants and basically "pass through"to the applicable agencies are federal and state monies that would not come to this community without the efforts of the individual organizations. Staff has attempted to provide Council with relevant data, issues, and analysis relative to impacts of a living wage ordinance. The direct impact on the City, if the requirements of the living wage were imposed on City part-time employees, would be an approximate increase of $55,600 in the first year to the General Fund. This calculation includes the seasonal pool and day camp workers. Unless Council was willing to absorb more of the pool costs, this would increase unless rates were raised at the pool. All full-time positions Regular Meeting March 21, 2001 Page 3 of 18 r ' 8a ITEM NO. DATE: JANUARY 21. 1998 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION INCREASING TO $65.00 THE FEE FOR THE RELEASE OF STORED OR IMPOUNDED VEHICLES AND ESTABLISHING A FEE OF $15.00 PER DAY FOR VEHICLES STORED ON CITY OF UKIAH PROPERTY TO BE COLLECTED BY THE POLICE DEPARTMENT The Ukiah Police Department routinely has vehicles moved to storage facilities based on violations of the California Vehicle Code (Sections 22651[h,o,p], 14602.6, and 14607.6). Most vehicles are towed to various private storage yards under agreements with tow truck companies. Some vehicles, however, are operable and have been driven to City property for storage. Pursuant to California Vehicle Code Section 22850.5 the City has collected an administrative fee to cover the costs associated with the impound and release of these vehicles. A fee for the storage of vehicles on City property has not been charged. The proposal before the City Council is to increase the administrative fee from the current$35.00 to $65.00 and establish a new fee of$15.00 per day for the storage of vehicles on City property. The State statutes require that the administrative fee only reflect the actual costs of processing the impound, storage, and release of the vehicle. A study (City Manager Report, attachment 2) of the staff time required to provide this service was completed and identified personnel costs of$63.84. An additional $1.16 is estimated for support materials and supplies for a total cost of $65.00; thus the proposal to increase the existing fee by $30.00. Upon release of the vehicle by the Police Department, the vehicle owner must pay the respective tow company whatever storage fee the company imposes. The proposed new storage fee is also to recover the costs associated with actual storage of vehicles on City property. $15.00 is comparable to the fees collected for storage by private companies. The Corporation Yard is the prime location for City property storage. Both the increase in administrative fee and the new storage fee are included in the resolution recommended for adoption. RECOMMENDED ACTION: Adopt Resolution Increasing to $65.00 the Fee for the Release of Stored or Impounded Vehicles and Establishing a Fee of$15.00 per Day for Vehicles Stored on City of Ukiah Property to Be Collected by the Police Department _ ALTERNATE COUNCIL POLICY OPTIONS: 1. Determine other fees are appropriate, identify new amounts, and adopt revised resolution. 2. Determine fee revision and new fee are not appropriate and do not adopt resolution. Acct. No. (If NOT budgeted): N/A Acct. No. N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Wayne McBride, Police Captain Coordinated with: Michael Harris, Assistant City Manager, and Candace Horsley, City Manager Attachments: 1. Resolution for adoption. 2. City Manager Report 3. Ukiah Police Department General Order regarding Rotation Tow Policy. APPROVED: 1 01-)=0� )Q's- Candace Horsley, City nager mfh:25 e9B 0121IMPOUND LO RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH INCREASING TO $65.00 THE FEE FOR THE RELEASE OF STORED OR IMPOUNDED VEHICLES AND ESTABLISHING A FEE OF $15.00 PER DAY FOR VEHICLES STORED ON CITY OF UKIAH PROPERTY TO BE COLLECTED BY THE POLICE DEPARTMENT WHEREAS, the City of Ukiah discourages operation of vehicles in violation of the law; and WHEREAS, staff time including police officers, clerks, and dispatchers is required to remove, store, and/or impound vehicles that are used by law violators; and WHEREAS, California Vehicle Code Section 22850.5 allows a city to recover a charge equal to its administrative costs relating to the removal, impound, storage, or release of vehicles; and WHEREAS, a fee of$65.00 for administrative fees is based on the estimate of the City's cost for documenting, reporting, tracking, and releasing towed, stored or impounded vehicles; and WHEREAS, a fee of$15.00 per day represents the actual and reasonable cost of storing vehicles on City property; and WHEREAS, the City Council determines that adoption of said fees set forth herein is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(8) thereof and State CEQA Guidelines Section 15273A in that said fees are for the purposes of meeting operating expenses including employee wage rates and fringe benefits and purchasing or leasing supplies, equipment and materials, and will only partially reimburse the City of Ukiah for the cost of processing said vehicle releases and storages. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Council establishes a $65.00 City administrative fee for the releasing of stored vehicles and a $15.00 per day fee for the storage of vehicles on City property to be collected by the Police Department, and undertakes a cost recovery program relating to the removal, impound, storage, and release of vehicles. The fee is to be collected in addition to any required State fee. 2. The Administrative Fee shall only be imposed on the registered owner or the agents Resolution No. Page 1 of 2 of that owner and shall be applicable to any vehicle towed under an abatement program, or sold at a lien sale pursuant to Civil Code Sections 3068.1 -3074 inclusive, and Vehicle Code Section 22851, unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs. 3. The Police Chief or his designee may waive the Administrative Fee upon verifiable proof that the vehicle was reported stolen at the time that the vehicle was removed. PASSED AND ADOPTED this 21st day of January, 1998. AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Collen B. Henderson, City Clerk Resolution No. Page 2 of 2 T-�Q vrren - 4 (P ti RESOLUTION NO. 93-51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING FEES FOR ADMINISTRATION OF CHAPTER 5, DIVISION 2 OF THE UKIAH CITY CODE REGULATING FOR HIRE MOTOR VEHICLES. WHEREAS, 1. The City Council of the City of Ukiah has adopted amendments to Chapter 5, Division 2 of the Ukiah City Code (UCC) ; and 2. The City incurs substantial costs in processing the applications and appeals authorized or required by that Chapter as amended; 3 . The City has conducted public hearings as required by law and determined after hearing that the fees established by this resolution do not exceed the actual costs of providing the services for which the fees will be charged; NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah shall charge the fees set forth below for the services described herein: 1. Application fee for permit required by UCC section 2530: a. New application $25* b. To transfer permit $25* c. To substitute or add vehicles or drivers to permit $25 d. To renew permit $25* 2. Fee for vehicle tags per vehicle, $20 includes inspection fee 3. Fee for verification of annual vehicle inspection $10 4. Fee for application for driver's badge (section 2380) $25* *Plus cost of fingerprints and cost of Department of Justice processing. s:\u\resos93\taxi2 Co Co PASSED AND ADOPTED this 17 day of February 11 1993 , by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter NOES: None ABSENT: Councilmember Wattenburger �Xvv 4�ZZA May r, Fred Irchneiter ATT 1ST: / Q ty 1 r4tYry McKay s:\u\resos93\taxi2 rn co RESOLUTION NO. 93-46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING REGULATIONS FOR THE ISSUANCE OF PERMITS FOR VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION UNDER DIVISION 21 CHAPTER 5 OF THE UKIAH CITY CODE WHEREAS, 1. The City Council of the City of Ukiah has adopted amendments to Chapter 5, Division 2 of the Ukiah City Code (UCC) ; and 2. The amended Chapter requires the City Council to adopt by resolution forms and requirements for applications, permits, insurance, and vehicle tags; and 3. The City Council has reviewed the forms and requirements contained in this resolution and finds that they adequately and properly implement the provisions of Chapter 5 and will aid in the efficient administration of the Chapter; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The Application for Motor Vehicle Permit attached hereto as Exhibit A and incorporated herein by reference is hereby adopted as required by UCC section 2531. The Director of Public Safety shall not accept the application for filing until the Finance Department has certified on the form that all required fees have been paid. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit A, if necessary in his or her judgment to improve the format or make the form easier or more efficient to use. 2. The For Hire Vehicle Permit attached hereto as Exhibit B and incorporated herein by reference is hereby adopted as required by UCC section 2533, subsection 3.b. The Director of Public Safety shall include, add, remove or substitute on the permit, as appropriate, the names of drivers included in an application and approved by him or her, who the permit holder wishes to remove from the permit or whose for hire driving privilege has been suspended or revoked. The permit shall also identify all approved vehicles. The Director of Public Safety shall issue separate permits for each vehicle included on the permit, each bearing the official City of Ukiah seal. Whenever a permit is issued to an existing permit holder, the new permit shall not issue until all of the previously issued permits are returned to the Director of Public Safety for cancellation and destruction. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit B, if necessary in his or her s:\u\wpres92\taxi2 January 14, 1993 C) judgment to improve the format or make the form easier or more efficient to use. 3 . The Application for Driver's badge attached hereto as Exhibit C and incorporated herein by reference is hereby adopted as required by UCC section 2580, subsection 1. The Director of Public Safety shall not accept the application until the Finance Department has certified on the form that the applicable fees have been paid. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit C, if necessary in his or her judgment to improve the format or make the form easier or more efficient to use. 4. The Driver's Badge required by sections 2551 and 2580 shall contain the driver's name and a unique identification number assiged by the Director of Public Safety. The badge may be constructed of metal or durable plastic with a mechanism for attaching the badge to the driver's clothing. The badge shall be worn on the driver's outer garment above the right breast. Any authorized driver must also have in his or her possession and conspicuously displayed inside the vehicle a copy of a valid and effective For Hire Vehicle Permit with the driver's name and California driver's license number listed thereon. Whenever notified of a suspension or revocation of a drivers badge, the holder of the For HIre Motor Vehicle permit must surrender all previously issued permits to the Director of Public Safety, who shall issue new For Hire Motor Vehicle permits for each approved vehicle as provided in section 2 of this resolution. 5. The Insurance Requirements for Applicants attached hereto as Exhibit D and incorporated herein by reference is hereby adopted as required by UCC section 2533, subsection 1.c. 6. Vehicle tags shall be made of metal or durable vinyl or plastic with an adhesive back that will securely fasten the tag to the center rear bumper. The tag shall measure approximately 2 inches by 2 inches. It shall bear the words: "FOR HIRE VEHICLE PERMIT, " a permit number, the words: "CITY OF UKIAH, " and an Issue date and Expiration date. PASSED AND ADOPTED this 20 day of January , 1993 by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter NOES: None ABSENT: None . 4 Fre , cnneiter, M yor' A E T. s:\u\wpres92\taxi2 January 14, 1993 athy cRay, ty Clerk Date of judgment: ❑ ❑ In the last 5 years, has a court issued a restraining order or injunction against any person to prevent assault, battery or personal harassment? It yes, Describe order: Case Name: Court: Case No. : Date of order: e. Has each person named in b. and c. above been finger- printed by the Police Department? ❑ Yes ❑ No Dates: II. VEHICLES a. For each vehicle covered by this application: Vehicle 1 Vehicle 2 Vehicle 3 Make Model Year License Vehicle ID No. Seating Capacity Color(s) [Attach additional sheets, if necessary. ] s:\u\wpords92\taxi3.exa Page 3 N It FINGERPRINTS TAKEN AT UKIAH POLICE DEPARTMENT? Yes No Yes No Yes No ❑ ❑ ❑ ❑ ❑ ❑ Date: I declare under penalty of perjury that the information contained in this application is true, correct and complete. I have answered each question fully and completely. I consent to the release of any information contained in the files of any government agency or business as long as it is used by the City of Ukiah only to investigate my background in connection with acting on this application and is not disclosed by the City for any other purpose. I understand and agree that if any disclosure is untrue or incomplete or if I have failed to disclose information necessary to fully and completely answer the questions, the City may deny this application or revoke any permit issued in reliance upon this application. Dated: [Signature] [Print or type name] s:\u\wpords92\taxi3.exa Page 5 FOR OFFICE USE ONLY Fees paid: $ ; Approved by Finance Dept. : Fingerprints filed: Applicants ❑ Yes ❑ No Drivers ❑ Yes ❑ No Certificate of insurance filed? ❑ Yes ❑ No Policy endorsement filed? ❑ Yes ❑ No Consents to check of criminal background filed? ❑ Yes ❑ No Application for drivers permits completed and approved? ❑ Yes ❑ No Business License issued ❑ Yes ❑ No Qualified? ❑ Yes ❑ No Denied? ❑ Yes ❑ No Reasons: Notice given? ❑ Yes ❑ No Personally delivered? Date: Location: Mailed? Date: Address: s:\u\wpords92\texi3.exe Page 6 It It Exhibit B FOR HIRE VEHICLE PERMIT Permit No. : Issued to: Name: Address: Telephone: Effective Date: Expiration Date: Approved Drivers: Driver's Name License No. 1. 2 . 3 . 4. Approved Vehicles: Vehicle 1 Vehicle 2 Vehicle 3 Make Model Year License No. Vehicle 4 Vehicle 5 Vehicle 6 Make Model Year License No. NONTRANSFERRABLE Copy must be posted conspicuously in each approved vehicle. Dated: CITY OF UKIAH s:\u\wpords92\taxi3.exb LO Exhibit C APPLICATION FOR DRIVER'S BADGE Current Name: Current Address: Other names used: Other addresses (last 5 yrs. ) Telephone: Age: California Driver's License No. : Social security no. (optional) : Yes No 1. ❑ ❑ Have you been convicted in the last 5 years of any felony, misdemeanor or infraction? If yes, please give: Name of offense: Court Name: Location: Case No. Date of Conviction: (Attach additional sheets, if necessary] 2 . 0 0 Have you received a permit in the last 5 years to drive a vehicle for compensation? If yes, please state: Jurisdiction issuing permit: Description of permit: Date permit issued: Whether permit revoked or suspended: 0 Yes 0 No If yes, please state: Date suspended or revoked: Reasons: (Attach additional sheets, if necessary] 3 . ❑ 0 Has a court rendered a judgment against you in the last 5 years? If yes, please state: Description of judgment: If liable for damages, amount: s:\u\wpords92\taxi3.exc Name of case: Court Name: Location: Case No. : Date: [Attach additional sheets, if necessary] I consent to the Ukiah Police Department taking my fingerprints and conducting an investigation of my background, including my criminal background. I consent to the release of any information contained in the files of any government agency or business as long as it is used by the City of Ukiah only to investigate my background in connection with acting on this application and is not disclosed by the City for any other purpose. I declare under penalty of perjury that the foregoing is true, correct and complete. I have fully disclosed all information necessary to fully and completely answer the questions. I understand that if I have not done so, the City may deny this application or revoke any badge issued in reliance upon it. DATED: [Signature] [Print or type name] FOR POLICE DEPARTMENT USE ONLY Fees paid: $ Approved by Finance Dept. Fingerprints filed? ❑ Yes 0 No Convictions verified? ❑ Yes ❑ No Qualified? ❑ Yes ❑ No Denied? 0 Yes ❑ No Reasons: Notice given? 0 Yes ❑ No Personally delivered? Date: Location: Mailed? Date: s:\u\wpords92\tax13.exc 2 r— It Address: s:\u\wpords92\taxi3.exc 3 00 Exhibit D INSURANCE REQUIREMENTS FOR APPLICANTS Applicant shall procure and maintain for the duration of the permit issued under this Chapter insurance against claims for injuries to persons or damages to property which may arise from or in connection with operating vehicles under a permit issued pursuant to Chapter 5, Division 2 of the Ukiah City Code. The policy must cover the actions of the permit holder, his/her drivers, agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 2. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE The permit holder shall maintain limits no less than: 1. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 2. Workers' Compensation and Employers Liability: Workers' compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000, 000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its insurers, officials, employees and volunteers; or the permit holder shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the s:\u\wpords92\taxi3.exd 1 rn following provisions: 1. Automobile Liability Coverages a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the permit holder, automobiles owned, leased, hired or borrowed by the permit holder. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the permit holder's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The permit holder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers, Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the permit holder for the City. 3 . All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE s:\u\wpords92\taxi3.exd 2 C) LO Permit holder shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before any permit is issued. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. SUBCONTRACTORS The permit holder shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. s:\u\upords92\taxi3.exd 3 RESOLUTION NO. 93-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING REGULATIONS FOR THE ISSUANCE OF PERMITS FOR VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION UNDER DIVISION 2, CHAPTER 5 OF THE URIAH CITY CODE WHEREAS, 1. The City Council of the City of Ukiah has adopted amendments to Chapter 5, Division 2 of the Ukiah City Code (UCC) ; and 2 . The amended Chapter requires the City Council to adopt by resolution forms and requirements for applications, permits, insurance, and vehicle tags; and 3. The City Council has reviewed the forms and requirements contained in this resolution and finds that they adequately and properly implement the provisions of Chapter 5 and will aid in the efficient administration of the Chapter; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The Application for Motor Vehicle Permit attached hereto as Exhibit A and incorporated herein by reference is hereby adopted as required by UCC section 2531. The Director of Public Safety shall not accept the application for filing until the Finance Department has certified on the form that all required fees have been paid. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit A, if necessary in his or her judgment to improve the format or make the form easier or more efficient to use. 2 . The For Hire vehicle Permit attached hereto as Exhibit B and incorporated herein by reference is hereby adopted as required by UCC section 2533, subsection 3.b. The Director of Public Safety shall include, add, remove or substitute on the permit, as appropriate, the names of drivers included in an application and approved by him or her, who the permit holder wishes to remove from the permit or whose for hire driving privilege has been suspended or revoked. The permit shall also identify all approved vehicles. The Director of Public Safety shall issue separate permits for each vehicle included on the permit, each bearing the official City of Ukiah seal. Whenever a permit is issued to an existing permit holder, the new permit shall not issue until all of the previously issued permits are returned to the Director of Public Safety for cancellation and destruction. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit B, if necessary in his or her s:\u\wpres92\taxi2 January 25, 1993 N judgment to improve the format or make the form easier or more efficient to use. 3 . The Application for Driver's badge attached hereto as Exhibit C and incorporated herein by reference is hereby adopted as required by UCC section 2580, subsection 1. The Director of Public Safety shall not accept the application until the Finance Department has certified on the form that the applicable fees have been paid. The applicant must submit two passport size photographs with the application, one of which shall be included with the badge for identification purposes. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit C, if necessary in his or her judgment to improve the format or make the form easier or more efficient to use. 4 . The Driver's Badge required by sections 2551 and 2580 shall contain the driver's name, the picture accompanying the application and a unique identification number assiged by the Director of Public Safety. The badge may be constructed of metal or durable plastic with a mechanism for attaching the badge to the driver's clothing. The badge shall be worn on the driver's outer garment above the right breast or displayed in a conspicuous location in the vehicle. Any authorized driver must also have in his or her possession and conspicuously displayed inside the vehicle a copy of a valid and effective For Hire Vehicle Permit with the driver's name and California driver's license number listed thereon. Whenever notified of a suspension or revocation of a drivers badge, the holder of the For HIre Motor Vehicle permit must surrender all previously issued permits and the driver's badge to the Director of Public Safety, who shall issue new For Hire Motor Vehicle permits for each approved vehicle as provided in section 2 of this resolution. 5. The Insurance Requirements for Applicants attached hereto as Exhibit D and incorporated herein by reference is hereby adopted as required by UCC section 2533, subsection l.c. 6. Vehicle tags shall be made of metal or durable vinyl or plastic with an adhesive back that will securely fasten the tag to the center rear bumper. The tag shall measure approximately 2 inches by 2 inches. It shall bear the words: "FOR HIRE VEHICLE PERMIT, " a permit number, the words: "CITY OF UKIAH, " and an Issue date and Expiration date. The tag may constructed so new issue and expiration dates may be added without placing an entirely new tag on the vehicle's bumper. PASSED AND ADOPTED this 3rd day of February 1993 by the following roll call vote: AYES: Councilmember$ Malone, Wattenburger, Shoemaker and Mayor Schneiter s:\u\wpres92\taxi2 January 25, 1993 LO Resolution No. 93-49 NOES: None ABSENT: None ABSTAIN: Councilmember Mastin I Fred Schffeiter, Mayor AT /ST• Y ' LRd thy cKay, C' y Clerk s:\u\wpres92\taxi2 January 25, 1993 ATTACHMENT 7 RESOLUTION NO. 2017- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MODIFYING THE UKIAH POLICE DEPARTMENT FEE SCHEDULE WHEREAS, the City Council of the City of Ukiah desires to modify the fee schedule for various services provided by the Ukiah Police Department. WHEREAS, the City of Ukiah Police Department and City Staff have recommended an increase of fees for various services provided by the Ukiah Police Department. WHEREAS, according to analysis and study, the following are reasonable fees for the types of services provided by the Ukiah Police Department. WHEREAS, the increased fees are necessary to meet current and projected costs for providing services, as assessed in the aforementioned analysis, associated with the operation of the Ukiah Police Department. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Ukiah hereby adopts the following fee schedule for the Ukiah Police Department to become effective November 1, 2017. SERVICE FEE Bike License $ 10.00 Concealed Weapon Permit $100.00 Concealed Weapon Renewal $100.00 Concealed Weapon Modification $ 20.00 Civil Subpoena for Officer $275.00 Clearance Letter $ 10.00 Clearance Letter with Notary Signature $ 20.00 Copy of Police Report - each page $ 00.10 Live-Scan Fingerprinting $ 30.00 CD with Photographs $ 10.00 Prints of Photographs $ 2.00 Secondhand Dealer License $ 50.00 Stored Vehicle $ 65.00 Subpoena for Records $ 15.00 Taxi Permit $ 86.00 Traffic Accident Reports $ 10.00 Vehicle Repossession Release $ 15.00 BE IT FURTHER RESOLVED the following fees: Civil Subpoena for Officer, Copy of Police Reports, Subpoena for Records and Vehicle Repossession Release, are set by California law. If these fees are increased in the future by the California legislature, these fees may be executed by the Chief of the Police on behalf of the City of Ukiah, to remain consistent with State law. 54 Page 1 of 2 ATTACHMENT 7 PASSED AND ADOPTED as Amended by the City Council of the City of Ukiah at a regular meeting duly held on October 18, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jim O Brown, Mayor ATTEST: Ashley Cocco, Deputy City Clerk 55 Page 2 of 2 Agenda Item No.: 11b MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-179-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Discussion and Possible Introduction of Ordinance, by Title Only, of the City Council of the City of Ukiah Amending Various Sections of the Ukiah City Code Regulating Medical Marijuana Dispensaries. DEPARTMENT: Community De\elopment PREPARED BY: Darcy Vaughn ATTACHMENTS: Attachment 1-Amendment to Dispensaries Ordinance - Redlined Attachment 2-Amendment to Dispensaries Ordinance - Clean Summary: The City Council will discuss, and possibly introduce by title only, a proposed clean-up amendment to the Medical Marijuana Dispensary Ordinance to comply with recent State law. Background: On February 15, 2017, the City Council adopted Ordinance #1176, which added and amended various provisions of the Ukiah City Code to comprehensively permit and regulate the operation of medical marijuana dispensaries within the City's jurisdiction. On June 15, 2017, the State of California adopted the MAUCRSA, which effectively repealed the Medical Cannabis Regulation and Safety Act ("MCRSA') but incorporated some of the MCRSA's provisions into the licensing provisions of the codified Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"). Because the City's Medical Marijuana Dispensaries Ordinance contains many cross-references to the MCRSA as codified and because a number of the procedures and requirements for the City's review of Dispensary Use Permit applications were based on State procedures and requirements for licenses under the MCRSA, the City's Medical Marijuana Dispensaries Ordinance currently contains references to State law that no longer exist or that are obsolete. In response, Staff has drafted a proposed amendment to the Medical Marijuana Dispensaries Ordinance RECOMMENDED ACTION: Introduce the Medical Marijuana Dispensary Ordinance Amendment by Title Only. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Craig Schlatter, Community Development Director and Kevin Thompson, Planning Manager Approved: S e Sang! omo, City Manager ("Amendment") to clean up outdated references to State law and to address other internal inconsistencies in the Dispensaries Ordinance. (Please see Attachment 1 for the Redlined Version of the Dispensaries Ordinance Amendment and Attachment 2 for the Clean Version of the Dispensaries Ordinance Amendment.) The Amendment was presented to the Planning Commission for recommendations at their September 27, 2017 meeting, as part of a larger Cannabis Business Ordinance. The Planning Commission declined to make recommendations on most of the Cannabis Business Ordinance and instead requested additional information on the provisions of the Cannabis Business Ordinance regarding cannabis cultivation and the regulation of commercial cannabis enterprises other than medical marijuana dispensaries within the City limits. However, the Commission did recommend that the Council adopt the provisions of the Cannabis Business Ordinance that serve as clean-up provisions to bring the existing Medical Marijuana Dispensaries Ordinance into compliance with recent State laws, i.e. the AUMA and the MAUCRSA. For the sake of efficiency and clarity, the Ad Hoc divided the Cannabis Business Ordinance into three separate ordinances: (1) The Amendment to the Medical Marijuana Dispensaries Ordinance - as presented in this report, (2) the Cannabis Cultivation Ordinance, and (3) the Cannabis Business Ordinance. Discussion: The proposed Amendment to the Medical Marijuana Dispensaries Ordinance amends and corrects references to California law repealed by the MAUCRSA. In addition, the proposed Amendment updates a number of operational or permit review requirements that were either updated by the MAUCRSA or determined to be unclear or internally inconsistent. Specifically, the proposed amendment states (1) that the parking requirements for a medical office as set forth in UCC § 9198(F)(1)will not apply to a dispensary that makes deliveries only and does not allow on-site patient visits and (2) that, consistent with State law and the review criteria for renewal of a Dispensary Use Permit, an expunged felony conviction or a prior conviction for a cannabis-related criminal offense shall not be the sole reason for denial of an initial application for a Permit. Finally, at the request of the Ukiah Police Department, staff has added the requirement that a Dispensary operating within the City must provide to the UPD a digital copy of the security video maintained by the Dispensary in the event of a crime committed at the Dispensary or within range of the Dispensary's security cameras. CEQA Compliance: The proposed City Code amendments to an ordinance regulating commercial cannabis activity are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Business and Professions Code Section 26055(h). This subdivision is in effect through July 1, 2019, and specifically exempts from environmental review the adoption of an ordinance or regulation by a local jurisdiction if the ordinance or regulation requires discretionary review, including environmental review, and approval of local permits or licenses for commercial cannabis activity. 2 2 ATTACHMENT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING MEDICAL MARIJUANA DISPENSARIES. The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Chapter 8 in Division 6 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by § 5701 INTERPRETATION AND APPLICABILITY. (E) Nothing in this Chapter is intended, nor shall it be construed, to allow or permit any "commercial cannabis activity," as defined in Business and Professions Code § 260015(k}), or any commercial or non-commercial activity involving marijuana use for recreational or other non-medical purposes that is not otherwise authorized in the Ukiah City Code. § 5702 DEFINITIONS. (D) "Delivery" shall have the same definition as set forth in California Business and Professions Code § 260015, and as it may be amended. (H) "Medical Marijuana Dispensary" or "Dispensary" means a "Dispensary" as defined in California Business and Professions Code § 260015, as it now reads or may be amended in the future. § 5708 OPERATING REQUIREMENTS. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. Any applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a Dispensary on behalf of the applicant shall not have been convicted of any of the felony offenses enumerated in uo-ai+h and Dusii`ies4 and Professions Code § 2605749323(b)(4), or of a felony or misdemeanor involving moral turpitude, or on probation for a drug offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee. Notwithstanding the above, an application shall not be denied solely on the basis that the applicant or any Manager has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expungement of felony 3 1 ATTACHMENT record) under California law or under a similar federal statute or state law where the expungement was granted. In addition, notwithstanding the above, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis or cannabinoid preparations is not considered related to the qualifications, functions, or duties of a permittee, and shall not be the sole ground for denial of an application. D. *** a. A currently valid physician's approval or recommendation in compliance with the criteria in California Health and Safety Code sest+en 11-262.5 seg ivision 10. Chapter C Article 2.5 and as it may be amended - and valid official identification, such as'a Department of Motor Vehicles driver's license or State Identification Card; or G. Retail Sales and Cultivation: 1. No cannabis shall be cultivated on the premises of the dispensary, except in compliance with this chapter and with sections 6093 and 9254 of this code and Health and Safety esest+en 1rri 12625 et seGaapplicable state laws and regulations. 5. A dispensary shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to Galifernia Healthand- Safetode-seet+en 112-6-2.5 et seg. ani, as amend Q- applicable state laws and regulations. H. Operating Plans: 7. Security Video Retention: Security video shall be maintained for ninety (90) days. In the event of a crime onsite or anywhere within range of the Dispensary's security cameras, the Dispensary shall provide the Chief of Police with a usable digital copy of the security video upon request or at the earliest convenience. (U) Inspections. During normal business hours, Dispensaries permitted under this Chapter shall provide access for administrative inspections by City officials or officers consultants hired by the City to verify compliance with this Chapter. Any Dispensary's refusal to comply with this Section shall be deemed a violation of this Chapter. 4 2 ATTACHMENT § 5710 CRITERIA FOR REVIEW. In addition to the findings required in City Code § 9262, the Planning Commission shall consider the following criteria in determining whether to grant or deny a Dispensary Use Permit, and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Dispensary Use Permit: (Q) That adequate parking will be provided at a rate of one space for every 200 gross square feet of retail space, office space, and similar floor areas, pursuant to City Code § §9198(F)(1). However, if the Dispensary to be operated by the applicant does not dispense medical marijuana to patients on-site but services qualified patients through deliveries in compliance with City Code � 5717, then adequate parking will be provided at a rate of one space for every four hundred (400) square feet of gross leasable space, pursuant to City Code 9198(G)(3). SECTION 2. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 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 , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on, 2017 by the following roll call vote: AYES: NOES: 5 3 ATTACHMENT ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 6 4 ATTACHMENT 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING MEDICAL MARIJUANA DISPENSARIES. The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Chapter 8 in Division 6 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by § 5701 INTERPRETATION AND APPLICABILITY. (E) Nothing in this Chapter is intended, nor shall it be construed, to allow or permit any "commercial cannabis activity," as defined in Business and Professions Code § 26001(k), or any commercial or non-commercial activity involving marijuana use for recreational or other non- medical purposes that is not otherwise authorized in the Ukiah City Code. § 5702 DEFINITIONS. (D) "Delivery" shall have the same definition as set forth in California Business and Professions Code § 26001, and as it may be amended. (H) "Medical Marijuana Dispensary" or "Dispensary" means a "Dispensary" as defined in California Business and Professions Code § 26001, as it now reads or may be amended in the future. § 5708 OPERATING REQUIREMENTS. Dispensary operations shall be established and managed only in compliance with the following standards: (A) Criminal History. Any applicant, his or her agent or employees, volunteer workers, or any person exercising managerial authority of a Dispensary on behalf of the applicant shall not have been convicted of any of the felony offenses enumerated in Business and Professions Code § 26057(b)(4), or of a felony or misdemeanor involving moral turpitude, or on probation for a drug offense, or engaged in misconduct related to the qualifications, functions or duties of a permittee. Notwithstanding the above, an application shall not be denied solely on the basis that the applicant or any Manager has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar federal statute or state law where the expungement was granted. In addition, 7 1 ATTACHMENT 2 notwithstanding the above, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of cannabis or cannabinoid preparations is not considered related to the qualifications, functions, or duties of a permittee, and shall not be the sole ground for denial of an application. D. *** a. A currently valid physician's approval or recommendation in compliance with the criteria in California Health and Safety Code Division 10, Chapter 6, Article 2.5 and as it may be amended, and valid official identification, such as a Department of Motor Vehicles driver's license or State Identification Card; or G. Retail Sales and Cultivation: 1. No cannabis shall be cultivated on the premises of the dispensary, except in compliance with this chapter and with sections 6093 and 9254 of this code and applicable state laws and regulations. 5. A dispensary shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to applicable state laws and regulations. H. Operating Plans: 7. Security Video Retention: Security video shall be maintained for ninety (90) days. In the event of a crime onsite or anywhere within range of the Dispensary's security cameras, the Dispensary shall provide the Chief of Police with a usable digital copy of the security video upon request or at the earliest convenience. (U) Inspections. During normal business hours, Dispensaries permitted under this Chapter shall provide access for administrative inspections by City officials or officers or consultants hired by the City to verify compliance with this Chapter. Any Dispensary's refusal to comply with this Section shall be deemed a violation of this Chapter. 8 2 ATTACHMENT 2 § 5710 CRITERIA FOR REVIEW. In addition to the findings required in City Code § 9262, the Planning Commission shall consider the following criteria in determining whether to grant or deny a Dispensary Use Permit, and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Dispensary Use Permit: (Q) That adequate parking will be provided at a rate of one space for every 200 gross square feet of retail space, office space, and similar floor areas, pursuant to City Code § §9198(F)(1). However, if the Dispensary to be operated by the applicant does not dispense medical marijuana to patients on-site but services qualified patients through deliveries in compliance with City Code § 5717, then adequate parking will be provided at a rate of one space for every four hundred (400) square feet of gross leasable space, pursuant to City Code § 9198(G)(3). SECTION 2. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 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 , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on, 2017 by the following roll call vote: AYES: NOES: ABSENT: 9 3 ATTACHMENT 2 ABSTAIN: Jim O. 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CNM C2o ci 1 0 PF 0 PD-ResidentialM PD-Commercial _ m m m � - m ' i• iii m M R3 Downtown Zoning Code Planned I •" �I 1 m ® '. : •. Development m j Airport Compatibility Zone Ukiah City Limit d pted February 15 .. 1 1 Agenda Item No.: 12a MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-163-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: 2017 Review of Ordinance Authorizing of a Hearing Officer for Appeal Hearings, Including; Number of Hearings, Cost of Hearings and Effectiveness. DEPARTMENT: Police PREPARED BY: Chris Dewey ATTACHMENTS: None Summary: In August of 2016, the Ukiah City Council amended the Ukiah City Code to redefine the term "Hearing Officer", to authorize the use of a hearing officer for a number of appeal hearings. As part of that action, the Council was asked to review the number of hearings, cost of these hearings, and the effectiveness of these hearings a year after this change. Background: Historically, the Ukiah City Code provided that appeals of different types would be heard by the City Manager, the City Attorney, the Traffic Engineering Committee and other City officials and entities. In 2015, the City Council authorized staff to begin contracting for an Administrative Hearing Officer, specifically for hearing appeals pursuant to Division 3 Chapter 12 sections 3450-3467, which creates a legal process for hearing Abatement of Public Nuisances. In 2016, the City Council amended the City Code to redefine the term "Hearing Officer" and to authorize the new RECOMMENDED ACTION: Based on the use and success of the Hearing Officer Ordinance change, staff recommends no further changes to the ordinance, and to continue contracting for hearing officer services. Council to receive report from staff and provide staff with further direction, if desired. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Approved: S e Sang! omo, City Manager Hearing Officer to hear appeal hearings for taxi permit and badge denials, suspensions and revocations; notices of nuisance abatement for private, commercially zoned property; denial, revocation, or termination of a dog or kennel license or a permit to keep a dangerous animal; seizure or impoundment of an animal; issuance, modification or termination or refusal to issue; modify or terminate a permit to keep livestock within the City limits; and notices of abatement and removal of abandoned vehicles. The use of an attorney or other person with education, training and experience necessary to hear appeals, apply the law to facts adduced at a hearing, make legally required findings and prepare well-reasoned written decisions is a cost effective and fair means of meeting the City's legal obligation to provide administrative hearings that comply with constitutional due process standards and state law governing hearings. To meet these needs, the City has contracted with local attorney Matthew Finnegan. Mr. Finnegan has experience successfully and thoroughly conducting hearings, issuing written rulings and facilitating successful abatement of nuisances' proceedings on behalf of the City of Ukiah. In addition, Mr. Finnegan has obtained — and maintains —the necessary insurance required to act in this capacity. Discussion: Over the last year, Mr. Finnegan has acted as a "Hearing Officer" during one appeal related to a public nuisance. Mr. Finnegan spent a total of 2.7 hours working in this capacity and billed the city a total of $607.75 for his services. Staff also contacted Mr. Finnegan five other times this last year (not billed) to make sure his schedule would allow— if necessary—an appeal hearing to be scheduled, before staff started abatement processes within the City. 2 2 There are no Attachments to this Agenda Item. 3 Agenda Item No.: 12b MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-180-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Discussion and Request for Direction on Cannabis Cultivation Ordinance and Cannabis Business Ordinance. DEPARTMENT: Community De\elopment PREPARED BY: Darcy Vaughn ATTACHMENTS: Attachment 1- Cannabis Cultivation Ordinance (Redline) Attachment 2- Cannabis Business Ordinance (Redline) Summary: The City Council will receive and review a proposed Cannabis Cultivation Ordinance and proposed Cannabis Business Ordinance and advise staff on how to proceed. Background: The Cannabis Cultivation Ordinance and Cannabis Business Ordinance were presented to the Planning Commission for recommendations at their September 27, 2017 meeting, as part of a larger Cannabis Business Ordinance. The Planning Commission declined to make recommendations on most of the Cannabis Business Ordinance and instead requested additional information from staff regarding (1) the impact on public safety from the Cannabis Cultivation Ordinance; (2) how the Ukiah Police Department currently enforces violations of the City Code regarding cannabis cultivation and how UPD would enforce violations of the proposed Cannabis Cultivation Ordinance; (3) the possibility of revising the definition of Cannabis Related Business so that it is separated into distinct types of business based on use; and (4) the identification of appropriate zoning districts for each type of Cannabis Related Business. RECOMMENDED ACTION: Provide direction to Staff on how to proceed with the Cannabis Cultivation Ordinance and Cannabis Business Ordinance and referto the Planning Commission for recommendations. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Craig Schlatter, Community Development Director, Kevin Thompson, Planning Manager Approved: S e Sang! omo, City Manager The Ad Hoc had divided the Cannabis Business Ordinance into three separate ordinances based on policy impact. These are as follows and as attached: (1) an Amendment to the Medical Marijuana Dispensaries Ordinance (which appears as a separate agenda item), (2) an Amendment to the Cannabis Cultivation Ordinance (Attachment 1), and (3) the Cannabis Business Ordinance (Attachment 2). Before Staff brings the Cannabis Cultivation Ordinance and Cannabis Business Ordinance and requested information back to the Planning Commission for further consideration, the Ad Hoc requests that Council discuss the proposed Ordinances and provide policy direction on each. The Ad Hoc also requests that the Council refer the Cannabis Cultivation Ordinance and Cannabis Business Ordinance back to the Planning Commission and direct the Planning Commission to report and issue recommendations on each Ordinance subsequent to a noticed public hearing. Discussion: Cannabis Cultivation Ordinance: On November 9, 2016, California voters passed the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"). While most of the AUMA's provisions do not go into effect until January 1, 2018, the provisions allowing personal cultivation of cannabis, subject to reasonable local regulation, went into effect immediately. The AUMA makes it legal for persons 21 years of age or older to cultivate up to six mature (and twelve immature) marijuana plants, per household, for personal use. In addition, the AUMA provides that local governments can reasonably regulate, but cannot ban, personal indoor cultivation of up to six mature marijuana plants per household within a private residence or in an enclosed and secure accessory structure located on the same property. Private residence is defined as "a house, an apartment unit, a mobile home, or other similar dwelling unit". While the AUMA allows local governments to regulate or outright ban outdoor personal cultivation of six marijuana plants per household, it also states that cities and counties that opt to ban personal outdoor cultivation entirely will be ineligible to receive state grant monies for law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the AUMA. The City currently regulates the cultivation of cannabis plants for personal use in residential areas and allows cultivation of twelve mature and twenty-four immature marijuana plants indoors. Outdoor cultivation is currently prohibited. Pursuant to UCC 9254, indoor cultivation includes cultivation in a "Fully Enclosed and Secure Structure," which would include any building that complies with the definition of Fully Enclosed and Secure Structure: A space within a building that complies with the California building code, as adopted in the city of Ukiah ("CBC"), or, if exempt from the permit requirements of the CBC, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two inch by four inch (2" x 4") or thicker studs overlaid with three-eighths inch (3/8") or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, and fire codes as adopted in the city of Ukiah. As applied, Staff have interpreted this definition to allow cultivation within an accessory structure such as a greenhouse, provided that the structure complies with the requirements in the definition. While the State has not provided any salient information about the amount of grant monies that will be available to local governments to mitigate the effects of AUMA implementation, the Cannabis Ad Hoc thought it best to, if possible, devise a way that the City could avoid losing an opportunity to apply for state grants while still preventing the adverse effects anticipated from allowing outdoor marijuana cultivation, such as unpleasant and strong odors and public safety issues. Because the AUMA distinguishes primarily between cultivation indoors, referring to a private residence, and cultivation outdoors, i.e. not in a private residence, the Ad Hoc is of the opinion that a reasonable interpretation of the personal cultivation provisions of the AUMA would allow for 2 2 classification of cultivation in a greenhouse as outdoor cultivation. As such, the Ad Hoc has drafted a provision in the proposed Cannabis Cultivation Ordinance that distinguishes and defines a Greenhouse as an accessory structure separate from the definition of a Fully Enclosed and Secure Structure and states that cultivation in a Greenhouse is considered the only permissible method of outdoor cultivation of cannabis for personal use. A Greenhouse, as an accessory structure, must comply with the CBC, be completely enclosed with locking doors as the only means of entrance and exit, be shielded from public view, and implement public nuisance mitigation measures such as odor control. The intent of this provision is to effectively maintain the City's current policy about allowable methods of personal cannabis cultivation and to avoid any substantive changes to the City Code other than classifying cultivation in a Greenhouse as outdoor cultivation. Finally, the Cannabis Cultivation Ordinance brings the City Code into compliance with the AUMA by changing the permissible number of marijuana plants grown for personal use for any reason to six mature or twelve immature living plants. As the allowable number of cannabis plants cultivated for personal use as set forth in the AUMA has been interpreted as a ceiling and not a floor, the Ad Hoc believes that the safest approach is to not attempt to set a less restrictive standard and to use the limit set by the State. Cannabis Business Ordinance: There have been a number of changes to California cannabis laws since the Council last considered the issue of regulating commercial cannabis when it reviewed and adopted the Medical Marijuana Dispensaries Ordinance. At that time, Proposition 64 had just been approved by California voters, though not all of its provisions immediately went into effect. Proposition 64, also known as the AVMA, established a statewide regulatory and licensing system governing the commercial cultivation, testing, manufacturing, and distribution of nonmedical cannabis and cannabis products. The State law of primary concern to the Council during the review of the Dispensaries Ordinance was the Medical Cannabis Regulation and Safety Act ("MCRSA'), which established the statewide regulatory and licensing system for commercial medical cannabis enterprises. However, on June 15, 2017, the State of California, in an attempt to reconcile inconsistencies between the licensing and regulation of medical cannabis businesses in the MCRSA and of non-medical cannabis businesses in the AUMA, effectively repealed the MCRSA by adopting the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). Note that the MAUCRSA still treats medical cannabis and non-medical cannabis as separate categories in certain circumstances, though the types of licenses available for commercial non-medical cannabis activity and commercial medicinal cannabis activity are now the same. While the AUMA and the MAUCRSA did make some significant changes to the State's regulatory approach to cannabis relative to the approach taken with the MCRSA, both preserve the City's authority to regulate or even prohibit the operation of all variety of commercial cannabis enterprises, medical and non-medical, within the City limits. The Cannabis Business Ordinance was drafted by the Cannabis Ad Hoc committee comprised of Councilmember Mulheren and Mayor Brown and supported by the City Manager, Community Development Director, Planning Manager, City Attorney, Assistant City Attorney, and Chief of Police, in response to the changes in State law affected by the AUMA and the MAUCRSA. The Ad Hoc Committee, after drafting and overseeing discussion and adoption of the City's Medical Marijuana Dispensaries Ordinance, then turned their attention to other types of cannabis-related businesses, such as testing laboratories, cannabis product manufacturing, distribution, cultivation, microbusinesses and transportation. "Microbusinesses" combine small-scale cultivation, distribution, manufacturing (using non-volatile solvents) and retail sales in one business location. The Ad Hoc has proposed allowing these types of cannabis-related businesses to operate within the City limits, subject to a major use permit to protect public health and safety. In drafting the Cannabis Business Ordinance, the Ad Hoc has considered a number of factors including benefits and impact concerns. Because the City cannot impose sales and use tax on the sale of medical cannabis at dispensaries operating in the City limits, it could be financially beneficial to the City to allow operation of other 3 3 types of cannabis-related businesses that may provide revenue to the City through imposition of excise taxes, or, in the case of a microbusiness, sales and use taxes. Other than microbusinesses, the Ad Hoc has not yet considered the issue of allowing retail sales of non-medical cannabis in the City limits. As such, allowing a variety of cannabis-related businesses to operate within the City may have a positive economic benefit for the City. A number of local residents and interested parties who currently do not reside in the community but are interested in relocating and doing business in Ukiah have inquired about the possibility of establishing and operating various cannabis-related businesses within the city limits. Conversely, other citizens have expressed concerns about the effects of cannabis-related businesses operating in the City, particularly regarding safety and quality of life issues. The proposed Ordinance provides the City with local control through the discretionary review required for issuance of a major use permit and imposition of conditions of approval for the permit (such as a security plan and nuisance mitigation measures) in an attempt to balance the public demand with the public concerns. One regulatory approach to commercial cannabis enterprises, which the Ad Hoc has implemented in the proposed Cannabis Business Ordinance is to treat all cannabis-related businesses broadly, as a new "Permitted Use" (that is, allowed with a Major Use Permit), in a number of non-residential zoning districts. Cannabis Related Businesses, which, for purposes of the Cannabis Business Ordinance, do not include businesses engaged in the retail sale and delivery of cannabis, would be allowed with a Major Use Permit in the following zoning districts: 1. Neighborhood Commercial (C-N) 2. Community Commercial (C-1) 3. Heavy Commercial (C-2) 4. Manufacturing (M) 5. Public Facilities (PF) 6. General Urban (GU) 7. Urban Center (UC) 8. Downtown Core (DC) The decision on whether to approve an application for a Major Use Permit for a Cannabis Related Business will be made by the Planning Commission. Staff will provide findings and conditions of approval based on the location and nature of the business. The Planning Commission would then determine, based on staff's findings, whether that particular business is a suitable use for the zoning district in which it is proposed to be located, and whether the proposed conditions of approval will adequately mitigate any negative impacts of the operation of the Cannabis Related Business. The Cannabis Business Ordinance also requires and sets forth procedures for annual review of a Major Use Permit issued to a Cannabis Related Business. The Permit will be reviewed annually by the Zoning Administrator, who will be required to make certain findings of fact that may be grounds for revocation of the Major Use Permit, such as: 1. Failure to adhere to the Conditions of Approval; 2. Excessive number of calls for police service compared to similarly-situated businesses; 3. Excessive secondary criminal or public nuisance impacts; 4. Inadequate safeguards or procedures; 5. Non-payment of fees; 6. Subsequent felony conviction, under certain circumstances; 7. Engaging in unlawful, fraudulent, unfair, or deceptive business acts or practices; 8. Failure to comply with applicable State law and provisions of the Code. In addition, the Cannabis Business Ordinance sets forth a procedure for revocation of a Cannabis Related Business Major Use Permit. If the business is operated in a manner that violates the conditions of approval imposed by the Major Use Permit or the provisions of the City Code, or violates the requirements of applicable State law, the Zoning Administrator can make findings and revoke the Major Use Permit after conducting a public hearing pursuant to UCC Section 9262(H)(2). Appeals of the Zoning Administrator's decision are heard 4 4 by the Planning Commission. The decision of the Planning Commission on the revocation is final. When the Planning Commission discussed the Cannabis Business Ordinance at its September 27, 2017 meeting, they had concerns about the broad approach to defining Cannabis Related Businesses. In particular, they were concerned that this approach could, if unchecked, lead to a business with a use intensity that is inappropriate for the zoning designation in which it is located. As such, the Planning Commission requested that staff consider more narrowly defining specific types of Cannabis Related Businesses based on use- i.e. manufacturing, testing, cultivation, and distribution, and then determining which zoning districts would be appropriate for each type of Cannabis Related Business. The City's Department of Community Development is in the process of determining how to categorize and define types of Cannabis Related Businesses based on use and in which zoning district each type could reasonably and feasibly be located. CEQA Compliance: The proposed City ordinances regulating commercial cannabis activity are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Business and Professions Code Section 26055(h). This subdivision is in effect through July 1, 2019 and specifically exempts from environmental review the adoption of an ordinance or regulation by a local jurisdiction if the ordinance or regulation requires discretionary review, including environmental review, and approval of local permits or licenses for commercial cannabis activity. 5 5 ATTACHMENT 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO REGULATE PERSONAL AND COMMERCIAL CANNABIS CULTIVATION. The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Article 10 of Chapter 1 in Division 7 of the Ukiah City Code is hereby amended to read as follows: § 6093 MARIJUANA CULTIVATION PROHIBITED Outdoor cultivation of marijuana is prohibited, except outdoor cultivation in a Greenhouse, as defined in section 9254 of this Code, er-as is indoor cultivation in excess of tv 4e 114e,-six (42-6) mature plants or+we �Lelve (2412) immature plants. All prohibited marijuana cultivation; within the city limits of the City of Ukiah in violation of section 9254 of this code constitutes a violation of this article. Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00), by imprisonment in the county jail not to exceed six (6) months or by both a fine and imprisonment. SECTION 2 Article 19 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by § 9254 MARIJUANA CULTIVATION A. Definitions: As used herein the following definitions shall apply: FULLY ENCLOSED AND SECURE STRUCTURE: A space within a building that complies with the California Building Code, as adopted in the City of Ukiah ("CBC"), or, if exempt from the permit requirements of the CBC, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two inch by four inch (2" x 4") or thicker studs overlaid with three-eighths inch (3/8") or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California building, electrical, and fire codes as adopted in the City of Ukiah. As applied to this Chapter, a Fully Enclosed and Secure Structure does not include a Greenhouse. GREENHOUSE: An accessory structure to a residence located on the same parcel, legally established with all required permits approved, constructed primarily of translucent glass or glass-like material (or other similar material approved by the Building Official), completely 6 1 enclosed with one or more secure locking doors as the only means of ingress and egress, where plants are grown. A GREENHOUSE should also be shielded from view of the public from the right of way and should include features that prevent public nuisance conditions such as odors, enumerated in subdivision B(4) of this Section. OUTDOOR: Any location within the City of Ukiah, including within a Greenhouse, that is not within a fully enclosed and secure structure. OUTDOOR CULTIVATION: The cultivation of marijuana plants in an Outdoor location. B. Cultivation o9f Marijuana: 1. Outdoor Cultivation: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City of Ukiah to cause or allow such premises to be used for the outdoor cultivation of marijuana plants, except for outdoor cultivation within a Greenhouse. 2. Cultivation in Residential Zoning Districts: Except as permitted in Division 6, Chapter 8 of this code, it is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any residential zoning district (R-1, R-2, R-3 and CN districts) in the City of Ukiah to cause or allow such parcel to be used for the cultivation of more than tWAIVA-six (4L6) mature Q e anda f�tw�elve (2-412) immature marijuana plants within � c�^I ��„ n-ry �sedses 3. Indoor Commercial Cultivation Of Marijuana Restri`+terl Tn Qualified Patients And Primary Garegi„ers: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City of Ukiah to cause or allow such parcel to be used for the commercial cultivation of marijuana, unless (a) the person is a of salified patient or primaF y n- ornni0nn the amni At of wana per qualified patient autherized by Health and R_�_fety' Gode serutien 112-6-2.774-a4 e�(Jaa) the person is operating a +sa4-gtM fitted marijuana dispensary pursuant to a valid dispensary use permit, within the C1, C2, CN, M, and PD (commercial) zoning districts and in the GU, UC, and DC downtown zoning districts, and the space devoted to on-site cultivation at the permitted dispensary does not exceed twenty-five percent (25%) of the total floor area, but in no case more than five hundred (500) square feet; or (b) the person is operating a Cannabis Related Business subject to a major use permit granted by the City with a valid California cultivation license. SECTION 3. 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 7 2 unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 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 , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 8 3 ATTACHMENT 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO REGULATE CANNABIS RELATED BUSINESSES. The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Article 6 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Neighborhood Commercial (C-N) Zoning District is hereby amended to read as follows (unchanged text is omitted and is shown by "* **"): §9062 USES PERMITTED WITH SECURING OF A USE PERMIT The following uses may be permitted in neighborhood commercial (C-N) districts, subject to first securing a use permit pursuant to provisions contained in section 9262 of this chapter: *** Cannabis Related Business *** SECTION 2 Article 7 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Community Commercial (C-1) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by §9082 PERMITTED USES The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: * ** Cannabis Related Business. * ** SECTION 3 Article 8 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Heavy Commercial (C-2) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by §9097 PERMITTED USES 9 1 The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter: Cannabis Related Businesses SECTION 4 Article 9 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Manufacturing (M) Zoning Districts, is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §9112 USES PERMITTED SUBJECT TO FIRST SECURING A USE PERMIT The following uses may be permitted in Manufacturing (M) Districts subject to first securing a use permit, as provided in this Chapter, in each case: Cannabis Related Businesses. Industrial, manufacturing, or storage uses which may be objectionable by reason of production of smoke, dust, noise, radioactivity, vibration, bright light or other causes. Recreational uses, hotels, motels, mobile home parks, retail stores, offices, service establishments. Resident manager/security personnel housing. SECTION 5 Article 17 of Chapter 2 in Division 9 of the Ukiah City Code, pertaining to the Public Facilities (PF) Zoning District, is hereby amended to read as follows (unchanged text is omitted and is shown by "* **"): §9170.2 PERMITTED USES The following uses are permitted in the Public Facilities (PF) Zoning District subject to first securing a use permit: Cannabis Related Businesses. * ** SECTION 6 Table 3 in Section 9223.1 of Article 18, Chapter 2 in Division 9 of the Ukiah City Code is hereby amended by specifying that a Cannabis Related Business is an allowable use with a Major Use Permit (MAUP) in the General Urban (GU), Urban Center (UC), and 10 2 Downtown Core (DC) zoning districts, and inserting a reference to section 9254 and 9261 in the column entitled "Additional Zoning Requirements by Code Section". SECTION 7 Article 20 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9261 DISCRETIONARY PLANNING PERMITS D. *** 5. In all Zoning Districts in which they are a permitted use, Cannabis Related Businesses shall be considered major uses. Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review, and shall be subject to revocation according to the procedures set forth in Section 9262, subsection L of this Article. §9262 USE PERMIT PROCEDURES J. Major Use Permits for Cannabis Related Businesses: Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review according to the procedures set forth in subsection K of this Section, and shall be subject to revocation according to the procedures set forth in subsection L of this Section. K. Annual Review of Major Use Permits for Cannabis Related Businesses: 1. Major Use Permits for Cannabis Related Businesses will be subject to annual review by the Zoning Administrator to determine whether the Business is being operated in accordance with any conditions of approval imposed on the Major Use Permit as issued by the Planning Commission. The City Council may, from time to time by resolution in accordance with the procedures required by law, establish fees to be charged and collected for annual review pursuant to this subsection. 2. In the course of annual review, the Zoning Administrator shall make findings of fact regarding the Cannabis Related Business operator's adherence to the conditions of approval for the Major Use Permit. In addition, the Zoning Administrator will consider the following nonexclusive criteria in making findings of fact which may be grounds for revocation of a Major Use Permit for a Cannabis Related Business: a. Whether the Cannabis Related Business operated pursuant to the Major Use Permit has generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the Cannabis Related Business. b. Whether there have been excessive secondary criminal or public nuisance impacts in the surrounding area or neighborhood, including, but not limited to, disturbances of the peace, illegal drug activity, marijuana use in public, 11 3 harassment of passersby, littering, loitering, illegal parking, loud noises, odors, or lewd conduct. c. Whether the Cannabis Related Business operating pursuant to a Maior Use Permit has a history of inadequate safeguards or procedures that show it is likely that it will not comply with the any operating requirements and standards required in the conditions of approval. d. Whether the Cannabis Related Business has failed to pay fees, penalties, or taxes required by the conditions of approval of the Maior Use Permit or by this Code or State law, or has failed to comply with any requirements for the production of records or other reporting requirements of this Code. e. Whether the operator of the Cannabis Related Business or one or more of its officers, employees, partners, managers or members with management responsibilities ("Managers") has been convicted of a felony, or has engaged in misconduct that is substantially related to the qualifications, functions or duties of an operator of a Cannabis Related Business. A "conviction" within the meaning of this chapter means a plea or verdict of guilty, or a conviction following a plea of nolo contendere. Notwithstanding the above, an application shall not be denied solely on the basis that the applicant or any Manager has been convicted of a felony, if the person convicted has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar Federal statute or State law where the expungement was granted. f. Whether the operator or Managers of the Cannabis Related Business have Previously or are currently engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. g. Whether the Cannabis Related Business has been operated in compliance with applicable State law and provisions of this Code generally. 3. If the Zoning Administrator determines that the Cannabis Related Business is being operated in violation of any conditions of approval imposed on the Maior Use Permit as issued by the Planning Commission, the Maior Use Permit may be subject to revocation. L. Revocation of Maior Use Permits for Cannabis Related Businesses: 1. In addition to the reasons for revocation of an approved use permit set forth in subdivisions (H)(1) and (K)(2) of this Section, an approved major use permit for a Cannabis Related Business may be revoked through the City's revocation process, as set forth in subdivision (H)(2) of this Section, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator, if the Cannabis Related Business is operated in a manner that violates the conditions of approval imposed on the Maior Use Permit or the provisions of this Code, or conflicts with State law. At the public hearing to be conducted by the Zoning Administrator as set forth in subdivision (H)(2) of this Section, the Zoning Administrator will be required to make findings regarding the alleged specific violations of this Code or State law. 12 4 2. An appeal of the Zoning Administrator's decision on revocation of a Maior Use Permit for a Cannabis Related Business may be made to the Planning Commission for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article, except that all references therein to the City Council shall be deemed to refer to the Planning Commission. 3. When a final decision has been made revoking any Maior Use Permit approved for a Cannabis Related Business as provided for in this Section, for a period of three (3) years after the action revoking the Maior Use Permit. No new application for a Maior Use Permit shall be accepted from the applicant and no such Maior Use Permit shall be issued to such person or to any corporation or other business entity, including, but not limited to, a partnership or limited liability company, in which he or she shall have any direct or indirect beneficial, financial or ownership interest SECTION 8 Article 21 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9278 DEFINITIONS B. *** CANNABINOID PREPARATIONS: Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. CANNABIS: All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means: (1) "marijuana" as defined by Section 11018 of the Health and Safety Code, and (2) the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this article, "cannabis" does not mean "industrial hemp" as defined by Food and Agricultural Code Section 81000 or Health and Safety Code Section 11018.5. CANNABIS RELATED BUSINESS: A commercial enterprise engaged in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, or 13 5 distribution, of cannabis or a cannabis product, including a Microbusiness as defined in Business and Professions Code Section 26070, except as set forth in Business and Professions Code Section 26033 related to qualifying patients and primary caregivers, Division 6, Chapter 8 of the Ukiah City Code pertaining to regulation of marijuana dispensaries and issuance and renewal of Dispensary Use Permits, and Section 9254 of this Chapter pertaining to cultivation of marijuana for personal use. For purposes of this Article, this definition of a Cannabis Related Business excludes businesses engaged in the retail sale and delivery of Cannabis, Cannabis products, or Cannabinoid Preparations to patients or customers, which are regulated under Division 6, Chapter 8 of this Code. MARIJUANA: The term "marijuana," as used in this Chapter and throughout the Code, shall have the same meaning as the term "cannabis" as defined in this Chapter. SECTION 9. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 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 , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on, 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 14 6 Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 15 7 Correspondence Received - Agenda Item 12b - Ashley Cocco Dear Mayor and City Council, Per Councilmember Scalmanini's request please find below subdivision B(4) (referenced in line 4 of page 2 of Attachment 1 of Agenda Item 12b) related to the proposed Cannabis Cultivation Ordinance and proposed Cannabis Business Ordinance.This correspondence has been made available on the website, box, and in the public view binder. Also available at: http://www.codepublishing.com/CA/Ukiah/html/Ukiah09/UkiahO9O2-1900.html#9254) §9254 MARIJUANA CULTIVATION ................................................. B. Cultivation Of Marijuana: 4. Public Nuisance Prohibited: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Ukiah to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, b) repeated responses to the parcel from law enforcement officers, c) a repeated disruption to the free passage of persons or vehicles in the neighborhood, d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or e) any other impacts on the neighborhood which are disruptive of normal activity in the area. City of Ukiah Ashley Cocco Deputy City Clerk City of Ukiah 300 Seminary Avenue Ukiah,CA 95462 Ph:707-467-5720 Fax:707-463-6204 Email:acocco@cityofukiah.com Hi Ashley, Can you send me (or all councilmembers) a copy of"subdivision B(4) of this Section" referenced in line 4 of page 2 of Attachment 1 of Item 12b? Thanks, Steve 1 Correpondence Received - Agenda Item 12b - 10/18/2017 - Kevin Thompson Cannabis-Related Businesses Licensing Types: All license types and definitions are set forth in the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in the California Business and Professions Code. For the definition of each license type, "Premises"means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee. Cultivation Types 1-5b: (1)Type 1, or "specialty outdoor," for outdoor cultivation using no artificial lighting, less than or equal to 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots. (2)Type 1A, or "specialty indoor," for indoor cultivation using exclusively artificial lighting, between 501 and 5,000 square feet of total canopy size on one premises. (3)Type 113, or "specialty mixed-light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 2,501 and 5,000 square feet of total canopy size on one premises. (4)Type 1C, or "specialty cottage," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises. (5)Type 2, or "small outdoor," for outdoor cultivation using no artificial lighting, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (6)Type 2A, or "small indoor," for indoor cultivation using exclusively artificial lighting, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (7)Type 213, or "small mixed-light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (8)Type 3, or "outdoor," for outdoor cultivation using no artificial lighting, from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (9)Type 3A, or "indoor," for indoor cultivation using exclusively artificial lighting, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (10) Type 313, or "mixed-light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (11)Type 4, "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. (12) Type 5, or "outdoor," means for outdoor cultivation using no artificial lighting greater than one acre, inclusive, of total canopy size on one premises. This type of license may not be issued before January 1, 2023. (13) Type 5A, or "indoor," means for indoor cultivation using exclusively artificial lighting greater than 22,000 square feet, inclusive, of total canopy size on one premises. This type of license may not be issued before January 1, 2023. (14) Type 5B, or "mixed-light," means for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, greater than 22,000 square feet, inclusive, of total canopy size on one premises. This type of license may not be issued before January 1, 2023. As of January 1, 2023, a Type 5, Type 5A, or Type 5B licensee may apply for and hold a Type 6 or Type 7 license and apply for and hold a Type 10 license. A Type 5, Type 5A, or Type 5B licensee shall not be eligible to apply for or hold a Type 8, Type 11, or Type 12 license. Manufacturing: Types 6-7 Type 6, "Manufacturing Level 1," for sites that manufacture cannabis products using nonvolatile solvents, or no solvents. Type 7, "Manufacturing Level 2," for sites that manufacture cannabis products using volatile solvents. Testing Laboratory: Type 8 Type 8: "Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state. (2) Licensed by the bureau. Retailor: Type 10 Type 10 "Retailer," for the retail sale and delivery of cannabis or cannabis products to customers. A retailer shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted. A retailer's premises may be closed to the public. A retailer may conduct sales exclusively by delivery. Distributor: Type 11 Type 11 "Distributor," for the distribution of cannabis and cannabis products. A distributor licensee shall be bonded and insured at a minimum level established by the licensing authority. Microbusiness: Type 12 Type 12 "Microbusiness," for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. c O Q � E O U O � C: N -6 m c O 06 � U Y � U.; v --) U O NmN E N ^ ` c N O O Q /� • ti v , O • - N w OD C v , O U N ry • - .� m O �I .cs U � Ln V Ln M O to m m U a n 0 ov L 0 U O V)) a U V/ U D U V) 0 O D U 0 u L C6 ro N �O N C6 n 4-J M N ate+ N O Ln rNI 4-j — N W N C: -j :34-J ca ra C: O c a) -0 N C6 •N • n Q � E O Q) 1 0 ALJIE E •— L Q ro .9 -0 N E v _ :3ca N O N U O O m u • L U �. a� u d: v _ a� OE C6 L- a--+ a--+ •> E N •p O — p Ni •O ' 4-jO v p +-+ +-+ N •O N p N z p p _U ca N Q > 0- O p 4--) U S p :3 _0c6 • N a--' -0 UrzU a••' m U Q0 N N � U 2 O O � N N -0 � N •� '"' O N v; O v N O }, N O �_ N Q v m :3O O 4 N 0 LnE Os v 4 O '— o N Uo Ln N ° ° N , — 4-' 4) ._ •N .� 0- Q N N 4-j O E ca O 4A O _ rO c6 4-1ro O U �O U DO vii 0 V O . _ n 0 ^ N V J co DL Q) U 0 0 0 0 0 u Lo _ , n W u n� W V) co 0 Q) �r1 LL looU 0 u v n '— rA Q), � (U4A Q) N 'i Ora ca 0o ra �O .� U Q WCL U O C: :3o _ Q � M O :3Ln C: u •V) ON ca +� +-+ +� 0 }'O C6 Ca u -0 � � U 4A ra O -Cm O O +-+ N (� N 4-O Ln 4-, ca ro N ro -0 Q O �O E NN N ' N .� a� U v .— � . �N N O N N — N — .N N .N N •� N N a� m Q L/)r ^ m (1) :3 ateJ CO a-J m C6 O -0 � O 'N o�C >. 4-j j �, . ra r 4-J N oc +� o — a, � oc •N N ca N ra E N O E � E v " Ln Um O C: 4-j U O U o •� c6 .— -0U C U L E �_ ca 4 j _0 +� ro +� U m m � � C� o N '� L �+ �-+ � � � N ma- es a U n 0 (-4 00 L Q) p V 0 b 0 4-j U ro U U O U U � O >, 'Lf) N N O Q a- �--� N oo C� cn Q c6 Q) Q ~ Lf) LL m >, N +-' +j U J ~ j •N i > _ O — U U O � (1) ri cv m Lri k.O � Q) E U 0 m n •— a •E 00 (� L W O d-� ^' V N 0 V Q � U U O N N o /1 C) C6 Q) O N Ln N o V) 4-j o m Ln 0 aj 4- n� .N a z W E V 4-jJ�� N ca _ U V 1 L 0 � N N n , u C6 a U E U W 0 v �- U N — i U i N U v (nO QJ Ln O O Ut v U � EU (� v (6 Q c6 O > � U — p v O 0 — z U = a (D D o +� o ai Q 4-J c-I N fY) 4 Ln l6 I-� 00 U a--+ N T-A CD N CT -0 T-A O w Ln ° aA •� C: N 0 Z; u N E E U V � U 0 buo O � 4-j ro N N U •� N � O N N - M cn O N Q O t� m O a� _0 O U O O U ClA E ate-+ ate-+ ' Ln cn •— N 4-j O 4-J N V1 U ^Q) n� W (/) +� '0 •O 4- > > o > ° }' '� M o � LJJ 4- O U U > U > O dA O O a=+ Ln � O ate+ O m m dA -0 V) -0 V) cB U L- 0 M O c O 0 c a-+ Ln O N O Cco u O c� 0) O .� , +� Ln M '+� v Q E i O 4- 41 �, 41 L N � a c a w . z Q ~ O N Q U Q Q z Q O N O N 41 W lz:J- l0 W r1 r-I r-I r-I N f n zzj- Ln (,0 w r-I r-I m r-1 r-I Q N N Q1 4J Q1 v O Q1 QJ N Q1 O O 4J O Q1 4J O Q1 �� Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q U • M - LLJ E 455O 4 . . ., Q) .. . 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U E ca `� N C O O °; N0 m Q N E r � 'E ai — 7 O O o a, � � E ai .� O i N U O CL a aA u c6 � U C6 v ro — aj O O O a1 C: +- a, 4 'N CU 4-, +J aJ E m +� aA �' a' 0 o v L1l 1 � I _ � F uj • } W O 3 % Y x w ca o o v v R R Se ae � �s0111100�100�00 Correspondence Received - Agenda Item 12b - Ashley Cocco Dear Mayor and City Council, Per Councilmember Scalmanini's request please find below subdivision B(4) (referenced in line 4 of page 2 of Attachment 1 of Agenda Item 12b) related to the proposed Cannabis Cultivation Ordinance and proposed Cannabis Business Ordinance.This correspondence has been made available on the website, box, and in the public view binder. Also available at: http://www.codepublishing.com/CA/Ukiah/html/Ukiah09/UkiahO9O2-1900.html#9254) §9254 MARIJUANA CULTIVATION ................................................. B. Cultivation Of Marijuana: 4. Public Nuisance Prohibited: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Ukiah to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, b) repeated responses to the parcel from law enforcement officers, c) a repeated disruption to the free passage of persons or vehicles in the neighborhood, d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or e) any other impacts on the neighborhood which are disruptive of normal activity in the area. City of Ukiah Ashley Cocco Deputy City Clerk City of Ukiah 300 Seminary Avenue Ukiah,CA 95462 Ph:707-467-5720 Fax:707-463-6204 Email:acocco@cityofukiah.com Hi Ashley, Can you send me (or all councilmembers) a copy of"subdivision B(4) of this Section" referenced in line 4 of page 2 of Attachment 1 of Item 12b? Thanks, Steve 1 Correpondence Received - Agenda Item 12b - 10/18/2017 - Kevin Thompson Cannabis-Related Businesses Licensing Types: All license types and definitions are set forth in the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in the California Business and Professions Code. For the definition of each license type, "Premises"means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee. Cultivation Types 1-5b: (1)Type 1, or "specialty outdoor," for outdoor cultivation using no artificial lighting, less than or equal to 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots. (2)Type 1A, or "specialty indoor," for indoor cultivation using exclusively artificial lighting, between 501 and 5,000 square feet of total canopy size on one premises. (3)Type 113, or "specialty mixed-light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 2,501 and 5,000 square feet of total canopy size on one premises. (4)Type 1C, or "specialty cottage," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises. (5)Type 2, or "small outdoor," for outdoor cultivation using no artificial lighting, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (6)Type 2A, or "small indoor," for indoor cultivation using exclusively artificial lighting, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (7)Type 213, or "small mixed-light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. (8)Type 3, or "outdoor," for outdoor cultivation using no artificial lighting, from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (9)Type 3A, or "indoor," for indoor cultivation using exclusively artificial lighting, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (10) Type 313, or "mixed-light," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type. (11)Type 4, "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. (12) Type 5, or "outdoor," means for outdoor cultivation using no artificial lighting greater than one acre, inclusive, of total canopy size on one premises. This type of license may not be issued before January 1, 2023. (13) Type 5A, or "indoor," means for indoor cultivation using exclusively artificial lighting greater than 22,000 square feet, inclusive, of total canopy size on one premises. This type of license may not be issued before January 1, 2023. (14) Type 5B, or "mixed-light," means for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, greater than 22,000 square feet, inclusive, of total canopy size on one premises. This type of license may not be issued before January 1, 2023. As of January 1, 2023, a Type 5, Type 5A, or Type 5B licensee may apply for and hold a Type 6 or Type 7 license and apply for and hold a Type 10 license. A Type 5, Type 5A, or Type 5B licensee shall not be eligible to apply for or hold a Type 8, Type 11, or Type 12 license. Manufacturing: Types 6-7 Type 6, "Manufacturing Level 1," for sites that manufacture cannabis products using nonvolatile solvents, or no solvents. Type 7, "Manufacturing Level 2," for sites that manufacture cannabis products using volatile solvents. Testing Laboratory: Type 8 Type 8: "Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state. (2) Licensed by the bureau. Retailor: Type 10 Type 10 "Retailer," for the retail sale and delivery of cannabis or cannabis products to customers. A retailer shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted. A retailer's premises may be closed to the public. A retailer may conduct sales exclusively by delivery. Distributor: Type 11 Type 11 "Distributor," for the distribution of cannabis and cannabis products. A distributor licensee shall be bonded and insured at a minimum level established by the licensing authority. Microbusiness: Type 12 Type 12 "Microbusiness," for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Agenda Item No.: 13a MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-174-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Negotiate and Execute a Contract for Professional Services Between the City of Ukiah and North Coast Opportunities for Community Services Related Program Development. DEPARTMENT: Community Services PREPARED BY: Tami Bartolomei ATTACHMENTS: Attachment A- Standard Professional Services Agreement- NCO Attachment B- Scope of Work for NCO/City of Ukiah Summary: North Coast Opportunities (NCO) has a long history in both Lake and Mendocino Counties for building partnerships and programs that benefit communities. It is because of NCO's long standing success of building partnerships and programs City staff is asking Council to consider authorizing the City Manager to negotiate and execute a professional services contract between the City of Ukiah and NCO. Background: NCO is the Community Action Agency that serves Lake and Mendocino Counties, as well as parts of Humboldt, Sonoma, Del Norte, and Solano Counties. NCO was established in 1968 as part of President Johnson's War on Poverty, with a mission of assisting low-income and disadvantaged people to become self-reliant. NCO provides a safety net of emergency assistance, employment, and training services for low-income individuals and families. RECOMMENDED ACTION: Council authorize the City Manager to negotiate and execute a contract for professional services in the amount of $30,000 between the City of Ukiah and North Coast Opportunities to more efficiently address community needs and develop strategies/programs that create community engagement. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: $30,000-#10022810 PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Maya Simerson, Project and Grant Administrator z Approved: S e Sang! omo, City Manager NCO's Community Action Program develops a comprehensive community needs assessment that focuses on local conditions, analyzes economic opportunities and barriers for all residents who are at risk of remaining or becoming economically insecure. The assessment identifies existing and potential resources to expand opportunities. An example of one of the many successful programs that resulted from the community assessment is the Gardens Projects. Since 2007, the gardens project lead by Miles Gordon an NCO employee has built thirty-eight community and school gardens that produce over 28,470 pounds of produce distributed to over 3,000 people every year. This includes training more than seventy-five gardeners to become positive leaders in their communities to ensure effective management and sustainability of community gardens. Discussion: The purpose of the professional services contract (Attachment A) between the City of Ukiah and NCO is to create a Scope of Work that will be completed by Miles Gordon (Attachment B) to enhance the abilities of both NCO and the City to effectively assess community needs, and develop and implement strategies/programs that create community engagement. In addition, the work performed will create community partnerships by integrating community efforts with the efforts of local government, business, nonprofit, and faith communities to combine and align existing resources. These efforts will be completed through the following deliverables: - Leading discussions on how and where local communities' needs and aspirations can be met - Devising strategies, considering budgetary restrictions, and working with a range of different organizations, businesses, and private entities to prepare and implement projects to achieve these identified needs and aspirations - Policies and project examples: Safe and healthy transportation and pedestrian accessibility, Head Start parent engagement, homelessness, senior care, Blue Zones, etc. The Contract will be held between the City of Ukiah Community Services Department and North Coast Opportunities in the amount of$30,000 to be paid to NCO for work completed. Staff is recommending Council authorize the City Manager to negotiate and execute a professional services contract between the City of Ukiah and North Coast Opportunities to more efficiently address community needs. The funds are allocated from $30,000 that was budgeted for a part-time position in the Community Services Department, Recreation Division. The Department is recommending the use of the funds for this partnership with NCO in an effort to strengthen and leverage resources for program development. 2 2 Attachment A COU No. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this day of , 2017 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and North Coast Opportunities, Inc., a Nonprofit [sole proprietorship, corporation, partnership, limited partnership, limited liability company, etc.] organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related but not limited to training, policy development, strategic planning, organizing and implementing community focused groups. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within one year from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $30,000. Labor charges shall be 3 based upon hourly billing rates for the various classifications of personnel employed by Std—ProfSvcsAgreement-November 20,2008 PAGE 1 OF 7 Attachment A COU No. Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with 4 defending against any audit, claim, demand or law suit. Std—ProfSvcsAgreement-November 20,2008 PAGE 2 OF 7 Attachment A COU No. Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager's determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for 5 bodily injury and property damage. Std—ProfSvcsAgreement-November 20,2008 PAGE 3 OF 7 Attachment A COU No. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 6 Std—ProfSvcsAgreement-November 20,2008 PAGE 4 OF 7 Attachment A COU No. 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from ------ to ------------- 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful 7 Std—ProfSvcsAgreement-November 20,2008 PAGE 5 OF 7 Attachment A COU No. misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the 8 contract shall be terminated as of that time. If terminated for lack of funds or Std—ProfSvcsAgreement-November 20,2008 PAGE 6 OF 7 Attachment A COU No. abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH -------------- DEPT. OF COMMUNITY SERVICES-------------- 300 SEMINARY AVENUE -------------- UKIAH, CALIFORNIA 95482-5400 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: Date PRINT NAME: IRS IDN Number CITY OF UKIAH BY: Date CITY MANAGER ATTEST CITY CLERK Date 9 Std—ProfSvcsAgreement-November 20,2008 PAGE 7 OF 7 North Coast Opportunities, Inc ATTACHMENT B 413 North State Street Ukiah, CA 95482 707-462-1954 PURPOSE This Scope of Work (SOW) describes the work to be completed by Miles Gordon through a contract between North Coast Opportunities (NCO) and the City of Ukiah. The primary contacts for contract purposes will be: Tamm Bartolomem, Director of Community Services (or their designees), City of Ukiah and Patty Bruder, Executive Director of NCO (or their designees) for the prioritization of deliverables and identification of policy, projects and desired staff/client/community stakeholder groups. Communication will be done by in-person meetings/phone calls/email with follow- up minutes and emails as needed for clarity Scope of Work Tasks: • Create Community Partnership by establishing linkages with other agencies in the community to improve coordination, avoid duplication of work and resources, and enhance the delivery of services, and mitigate the effects of poverty on the target population. • Implement strategic planning activities to assess and establish community focus, direction, and service priorities about homelessness and other identified community needs. • Design a system that will define success, monitor progress, evaluate outcomes, and ensure that commitments are met in terms of addressing homelessness, poverty, and other identified community needs. 10 Expected Outcomes: • The City of Ukiah and NCO staff, community stakeholders, and clients will be trained and participate in actions intended to develop engaging policy and project assessments to address homelessness, poverty, and other identified community needs, as well as to implement these policies and projects, with a focus on sustainability. Deliverables ➢ Leading discussions on how and where local communities' needs and aspirations can be met. ➢ Devising strategies, considering budgetary restrictions, and working with a range of different organizations, businesses, and private entities to prepare and implement projects to achieve these identified needs and aspirations. ➢ Policies and project examples: Safe and healthy transportation and pedestrian accessibility, Head Start parent engagement, homelessness, senior care, Blue Zones, etc. ➢ Specific deliverables: • Staff training and support - staff members identified by the City and NCO will receive training and support in creating and conducting: o Needs assessments-50 hours o Community stakeholder/Client engagement through facilitation and facilitation guides-100 hours • Community stakeholder and client training and support— stakeholders and clients will receive trainings and support for: o Community advocacy-75 hours o Community based leadership for project development and implementation- 75 hours • Community and client convenings— Contractor and staff, as identified by the City and NCO, will conduct community/client engagement convenings to assess needs and to develop, implement, and sustain policy and project initiatives-100 hours • Cross-community/agency collaborations - Contractor will facilitate collaborations that leverage resources and create greater efficiencies in policies and projects-145 hours Compensation/Term: 11 • Term: One year • Compensation: $55/hour with a maximum annual contract of$30,000. Invoices will be paid by the City of Ukiah to NCO quarterly for work completed by Miles Gordon. • The contract will be renewable and re-negotiable upon agreement of all three parties. 12 Agenda Item No.: 13b MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-181-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution of the City of Ukiah City Council Adopting Administrative Program Guidelines for the Ukiah Housing Trust Fund. DEPARTMENT: Community De\elopment PREPARED BY: Craig Schlatter ATTACHMENTS: Attachment 1- Ukiah HTF Guidelines Attachment 2- Ukiah HTF Resolution Attachment 3- Sonoma County CDC White Paper Attachment 4- ILG HTF Paper Summary: City Council to review and consider adopting a resolution adopting Administrative Program Guidelines for the City of Ukiah Housing Trust Fund. Background: On August 30, 2017, Staff conducted a Housing Workshop with City Council to analyze concerns from community stakeholders regarding the significant need for housing. Staff also presented a two-part strategy to address housing concerns. The first part of the housing strategy involves creation of a local housing trust fund for the purpose of assisting in the preservation and construction of affordable, or "low- and moderate-income" housing. Staff has drafted administrative program guidelines for the new housing trust fund (see Attachment 1 - Ukiah HTF Guidelines). City Council is requested to approve a resolution adopting the guidelines (see Attachment 2 - RECOMMENDED ACTION: Adopt resolution adopting Administrative Program Guidelines for the Ukiah Housing Trust Fund. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Daniel Buffalo, Finance Director and Shannon Riley, Deputy City Manager z Approved: S e Sang! omo, City Manager Ukiah HTF Resolution). Discussion: In developing the program guidelines, Staff researched several local housing trust funds across the state, including Berkeley, San Francisco, Santa Cruz, Napa, Inglewood, Sacramento and Vacaville. There was much variety in the funding and purpose of each of the housing trust funds. There was also variability in how funding was allocated for activities. Ultimately, Staff decided on an approach for the Ukiah Housing Trust Fund that provides the maximum amount of flexibility to the Council and community - i.e. program guidelines that are broad and Notices of Funding Availability (NOFAs) that are more prescriptive. With cuts to federal and state funding for affordable housing and the loss of redevelopment funds, there has been a resurgence in utilization of the housing trust fund model. Creation of a housing trust fund can make a city competitive for additional affordable housing funding, both at the federal and state level, and this can provide a good leveraging vehicle for development or preservation of more affordable housing at less cost to the city. Two studies have been attached to provide additional background and information regarding the housing trust fund model (see Attachment 3 - Sonoma County CDC White Paper and Attachment 4 - ILG HTF Paper). Once guidelines are adopted, the next steps for launching the City's affordable housing strategy are as follows: 1. Implementation of housing research counter survey- developed by November and released prior to Thanksgiving 2. Development of Notice of Funding Availability (NOFA) 3. Design of marketing strategy and development of UHTF informational flyer/handout - target date = early Decem ber 4. Redesign/updating of Community Development Department web pages; completed by 12/31/17. 5. NOFA released 1/1/18; applications due by late February and awards made in March. Staff has one final note related to the launch of the City's housing strategy. Adoption of the Ukiah Housing Trust Fund guidelines and deployment of resources for affordable housing is only part one of a two-part strategy to address the need for housing in our community. Concurrent to the deployment of affordable housing resources will be an analysis of innovative zoning practices and other land use regulatory relief instruments for encouraging the production of middle-income housing. This is part two of the housing strategy. 2 2 ATTACHMENT City of Ukiah CITY OF UKIAH HOUSING TRUST FUND Administrative Guidelines Department of Community Development Housing Division 3 TABLE OF CONTENTS Ukiah Housing Trust Fund Overview 3 Definitions 4 Establishment of Ukiah Housing Trust Fund 4 Distribution and Use of Ukiah Housing Trust Fund Assets 5 Annual Evaluation and Reporting 6 4 City Of Ukiah Housing Trust Fund Administrative Guidelines 2 CITY OF UKIAH HOUSING TRUST FUND ADMINISTRATIVE GUIDELINES I. UKIAH HOUSING TRUST FUND OVERVIEW A. Purpose The purpose of the Ukiah Housing Trust Fund (UHTF) is to combine funding from different sources to help achieve the City's General Plan goals, including those in the Housing Element, to develop and preserve affordable housing in the City of Ukiah. To achieve this purpose, UHTF resources shall be used to provide loans, and in certain instances grants, to qualified developers, public entities, groups, and individuals to undertake activities that create, maintain, or expand the City's affordable housing stock. B. Funding Sources Inflow of resources UHTF may come from a variety of sources, which may include the following: 1. State non-entitlement Community Development Block Grant (CDBG) funds- Housing and Community Development Allocation. 2. State non-entitlement CDBG Program Income- payments of loan principal and interest due to the City from borrowers of previous CDBG-funded housing loans. 3. State non-entitlement Home Investment Partnerships Program (HOME) funds. 4. State non-entitlement HOME Program Income- payments of loan principal and interest due to the City from borrowers of previous HOME-funded housing loans. 5. Proceeds obtained from the sale of City-owned residential properties. 6. Payments of principal and interest due to the City from borrowers of previous UHTF housing loans. 7. Donations and contributions from third-party benefactors. 8. Funds from other sources authorized by the City Council, the former City of Ukiah Redevelopment Agency, and the voters. C. Management of Ukiah Housing Trust Fund The Ukiah Housing Trust Fund shall be a special revenue fund type or other fund type and category as determined appropriate by the City's Finance Director. Its activities are implemented by the Housing Division of the City's Community Development Department. The Community Development Director shall serve as Administrator of the UHTF. In accordance with Ukiah City Code and financial management and budget policies, the City's Finance Director, or designee, in coordination with the UHTF Administrator shall be responsible for the disbursement of UHTF funds and collection of UHTF revenues, maintaining financial records for the UHTF, and maintaining and managing a separate account or accounts for the UHTF. D. Affordable Housing Advisory Committee The City of Ukiah's Affordable Housing Advisory Committee (AHAC) provides a way for residents who have special experience or interest in affordable housing to participate in the City's decision-making process by making recommendations to Staff on housing issues. Appointed by the UHTF Administrator in conjunction with the City Manager's Office, the AHAC shall include at least five (5) but no more than nine (9) individuals. Committee members must reside within the 95482 zip code and/or have experience 5 City Of Ukiah Housing Trust Fund Administrative Guidelines developing affordable housing within the City and be able to attend a minimum number of meetings. II. DEFINITIONS A. Affordable Housing: housing that is affordable to households with gross incomes determined to be at or below the limit for "low-income," as defined by the U.S. Department of Housing and Urban Development (HUD). See B3 below. B. Area Median Income or "AMI:" established for metropolitan areas or non-metropolitan counties by the U.S. Department of Housing and Urban Development, pursuant to 42 U.S.C. Chapter 1437 et seq., to establish local income classification levels. These classifications are also used in California housing law with respect to income eligibility limits. For current income limits, please refer to this web address: https://www.huduser.gov/portal/datasets/i1.htm1.1 Income designations, along with descriptions, are below. 1. Extremely-Low Income Household: a household having an income not exceeding thirty percent (30%) of AMI adjusted for household size and as defined by the U.S. Department of Housing and Urban Development. 2. Very Low-Income Household: A household having an income not exceeding fifty (50%) percent of AMI adjusted for household size and as defined by the U.S. Department of Housing and Urban Development. 3. Low-Income Household: a household having an income not exceeding eighty (80%) percent of the AMI adjusted for household size and as defined by the U.S. Department of Housing and Urban Development. 2 4. Moderate-income Household: a household having an income not exceeding one hundred twenty percent (120%) of the AMI adjusted for household size and as defined by the U.S. Department of Housing and Urban Development. Households with income between 80% and 120% of AMI are considered "moderate income." 3 III. Establishment of Ukiah Housing Trust Fund By a majority/unanimous vote on October 18, 2017, the Ukiah City Council established a special revenue fund type under the name of"Ukiah Housing Trust Fund" to serve as a mechanism in support of City housing activities as part of a strategy to work with the development community in producing much needed affordable housing for low- and moderate-income Ukiah residents. A. Notices of Funding Availability When the accumulated total of all non-Federal funds reaches $250,000 or greater, excluding any funds set aside for the Community Development Department's administration and monitoring activities, the Housing Division of the Community Development Department shall release a Notice of Funding Availability (NOFA). At a minimum, the NOFA will outline eligible activities, amount of funding available, evaluation criteria, and any community objectives for that funding period. City of Ukiah falls within the Mendocino County non-metropolitan area. 2 Most HUD-sponsored programs have income limits at 80%AMI. 3 Up to 120%AMI was the income limit for affordable housing built with redevelopment funds. 6 City Of Ukiah Housing Trust Fund Administrative Guidelines 4 B. Project Selection Except for loan applications for activities described in section W.A. Parts 6 and 7 below, applications for UHTF assistance will only be accepted during specified funding cycles. However, except for pre-development proposals, all applications, regardless of whether received through an RFP, or through an open Notice of Funding Availability (funding cycle), shall be subject to an Evaluation Process. There will be a maximum of two (2) such funding cycles annually. The total funding cycle should be completed in approximately 4 months. The purpose of the funding cycles is to enhance the City's ability to choose projects that will maximize the use of UHTF resources and the City's ability to meet its General Plan housing goals. The City shall be under no obligation to fund projects. Projects rejected during one funding cycle may be resubmitted and reconsidered in a later funding cycle. C. Department Administration and Monitoring Excluding any specific activity delivery or administration funding through the U.S. Department of Housing and Urban Development and the State Department of Housing and Community Development, specifically related to Federal and State funding sources not affiliated with the former Ukiah Redevelopment Agency, the City of Ukiah Department of Community Development's Housing Division may, in each fiscal year, spend up to the greater of$200,000 or 2%, of the combined value of land and loans and grants receivable for program administration and to monitor and preserve the affordability of units with affordability covenants.4 D. Committed Use of UHTF All resources remaining in the UHTF at the end of any fiscal year, whether or not expended by the City, shall remain UHTF and classified as committed fund balance or other classification as determined appropriate by the Finance Director. IV. DISTRIBUTION AND USE OF UKIAH HOUSING TRUST FUND ASSETS In accordance with all City codes, regulations, policies, and any other relevant state or federal statutes and regulations, distributions may be made to private or public, for-profit, or not-for-profit entities in the form of funding awards. Such awards will usually be in the form of below market long-term loans. In specific situations, and as described in Notices of Funding Availability, a limited number of grants may be available. Distributions may also be made to individuals in the form of below market loans, and in limited circumstances, grants. A. Project Types Types of projects in which UHTF funding will be awarded includes, but may not be limited to, the following: 1. Creation of new affordable units; 2. Purchase of vacant and underutilized land (land assembly) for the purpose of facilitating future affordable housing production; 3. Assistance with multi-family housing rehabilitation projects; 4. Conversion of market rate units to affordable housing units; 5. Preservation of existing affordable housing; 6. Construction of accessory dwelling units; 7. First time homebuyer loans; 4 This section on administration and monitoring is taken from requirements for redevelopment housing successor agencies outlined in SB 341. 7 City Of Ukiah Housing Trust Fund Administrative Guidelines 8. Single-family housing rehabilitation loans; and 9. Predevelopment assistance to non-profit and for-profit developers with project feasibility and preliminary design studies for potential affordable housing projects. B. Funding Priorities Priority in all distributions shall be given first to housing projects that guarantee the perpetual affordability of such housing, and second, to housing projects that guarantee a term of affordability of greater than 15 years together with eventual recapture of the UHTF investment. C. UHTF Income Group Priorities Subject to City Council amendment and future community objectives, and excluding State and Federal funding sources, the following income group priorities shall serve as guidelines for Notices of Funding Availability: 1. Extremely low-income (below 30% of area median income): Target 30% of UHTF funds. 2. Very low-income (30% to 50% of area median income): Target 25% of UHTF funds. 3. Low-income (50% to 80% of area median income): Target 15% of UHTF funds. 4. Moderate-income (80% to 120% of area median income): Target 15% of UHTF funds. 5. Contingency: Target 15% of UHTF funds. These funds can be allocated to provide for any of the identified categories above. V. ANNUAL EVALUATION AND REPORTING After the end of each fiscal year or as soon as reasonably expected thereafter, the Administrator will report to the City Council on the status and performance of the UHTF. The report shall include: A. Annual Evaluation 1. A general evaluation of the use of the UHTF and its effectiveness at meeting stated objectives and General Plan Housing Element goals; and 2. The degree to which funded projects have helped meet the City's housing needs. B. Performance Report 1. A summary statement of all UHTF activity, including a summary of uses; 2. The total amount of state, federal and private funds leveraged; 3. The number of units assisted with UHTF funds, broken down by household income categories; 4. The per unit expenditure amount for the UHTF and by project; 5. The monthly rent of UHTF-assisted units or the sales prices of homeownership units; 8 City Of Ukiah Housing Trust Fund Administrative Guidelines ATTACHMENT 2 RESOLUTION NO. 2017- RESOLUTION OF THE CITY OF UKIAH COUNCIL ADOPTING ADMINISTRATIVE PROGRAM GUIDELINES FOR THE UKIAH HOUSING TRUST FUND WHEREAS, the California Legislature recognizes there is a critical shortage of affordable housing throughout the State of California; and WHEREAS, the City of Ukiah ("City") lost dedicated sources of funding for affordable housing with the dissolution of the Ukiah Redevelopment Agency and cuts in federal and state funding; and WHEREAS, there is a need for affordable housing in the City of Ukiah as stated in the General Plan Housing Element; and WHEREAS, the City desires to create a housing trust fund to provide a source of funding for assisting in the preservation and construction of affordable housing within the City; WHEREAS, from time to time the City receives donations and contributions from third- party benefactors that are designated for specific purposes, including the City's affordable housing needs; and WHEREAS, from time to time the City may have discretionary and/or grant revenues available in the budget to contribute directly to the housing trust fund. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. There is hereby created a special revenue fund type, or other fund type and category as determined appropriate by the City's Finance Director, as the "Ukiah Housing Trust Fund" for the purpose of receiving and disbursing funds to address the affordable housing needs of the City of Ukiah. Section 2. From time to time the City may allocate discretionary and/or grant revenues from its budget to the Ukiah Housing Trust Fund. Section 3. The Ukiah Housing Trust Fund shall be administered by the City's Community Development Department- Housing Division- in conjunction with the City's Finance Department. BE IT FURTHER RESOLVED that the City Clerk shall certify to the adoption of this Resolution and the same shall be in full force and effect immediately. PASSED AND ADOPTED this _day of , 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 9 Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk 10 ATTACHMENT 3 Prospects for a Sonoma County Housing Trust Fund Prepared for the Building HOMES: A Policy Maker's Toolbox for Ending Homelessness By Holly Trujillo Several Housing Trust Funds have been successfully implemented by Federal, State and Local agencies across the United States as a method to preserve and create the supply of decent, safe, and Sonoma County sanitary affordable housing for workforce, low-income and homeless C o m m u n i t y families. This whitepaper elucidates some of the key elements to Development C o m m i s s i o n achieving success in the formation and management of an HTF 1440 Guerneville Ave 11 Santa Rosa, CA 9 5 4 0 3 through multiple case studies and concludes with a proposed Trust ( 7 0 7) 5 6 5 - 7 5 0 0 Fund model to help Sonoma County accomplish the goal of Homes 9/1 /2016 for All. Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 Table of Contents I. Background ...........................................................................................................................2 II. Introduction: Why A Housing Trust Fund?...........................................................................2 III. Making a Trust Fund Politically Palatable.......................................................................4 IV. Models of Housing Funds..................................................................................................5 Modell: Public..........................................................................................................................7 Model2: Private........................................................................................................................8 Model 3: Public/Private Partnership.......................................................................................9 IV. Case Studies .......................................................................................................................... 10 A. Public................................................................................................................................. 10 B. Private ............................................................................................................................... 13 C. Public/Private Partnership .............................................................................................. 14 HTF and AHF Data and Measures of Effectiveness ........................................................ 18 V. Conclusion: Sonoma County Trust Fund - Build to Suit Local needs............................... 19 References...........................................................................................................................20 Individual Housing Fund Information:...............................................................................21 Appendix A: California City and County Housing Trust Funds......................................A-1-26 12 11Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 I. Background In August 2015, the Sonoma County Board of Supervisors in their role as the Sonoma County Community Development Commission endorsed a bold effort to end homelessness in Sonoma County by 2025. This audacious goal was built upon the Building HOMES.-A Policymakers Too/box to Ending Homelessness Report also referred to as the Toolbox. It identified barriers and "tools" available to communities to create the needed housing to end homelessness utilizing the Housing First Policy.' The Toolbox report presented a robust variety of Options designed to address the question "What can be done? Those option areas were: 1) Financing; 2) Policy; 3) Land Use; 3) Regulatory Issues Additionally, with these options available, the process of community engagement was also identified as crucial to building the 2,200 homeless dedicated units needed to end homelessness. The whitepaper demonstrates the high level of effectiveness of Housing Funds as a method of supplementing the funding for and preserving the supply of affordable housing and serves to inform a proposal for the creation of a sustainable Housing Trust Fund in Sonoma County. II. Introduction: Why A Housing Trust Fund? As state funding for housing diminished in the wake of the 2011 dissolution of Redevelopment Agencies, communities in California are increasingly turned to Housing Trust Funds (HTFs) to fund the creation of affordable housing. Housing Trust Funds are defined by 1 Pearson,Carol L.et al."The Applicability of Housing First Models to Homeless Persons with Serious Mental Illness:Final Report."U.S.Department of Housing and Urban Development.July 2007. 13 2 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 the Institute for Local Government as "dedicated funds that are held in trust to be used to provide affordable housing."' HTFs are being recognized as an effective and flexible method for affordable housing opportunities. Across the country, only two-tenths of one percent of units funded through HTFs did not get built.' Furthermore, several states have been able to trace the economic impacts of housing trust funds in their region. For example, Pennsylvania found that $25 million in trust investments generated $400 million in economic impact, including 3000 jobs and $20 million in state revenue.4In Washington, every 1,000 apartments developed with the Housing Trust Fund generates approximately 1,220 jobs and $79 million in local income. On average, Trust Funds are able to leverage funds at a ratio of 1:6 though many funds are capable of leveraging far more. In the last year, the U.S. Department of Housing and Urban Development launched the National Housing Trust Fund spearheaded by Secretary Julian Castro. This fund was established as part of the Housing and Economic Recovery Act in 2008 but failed to get off the ground because of the decline of Fannie Mae and Freddie Mac — the Fund's primary sources of income. In the advent of the strengthening of the housing market and rebound of funding sources, the National HTF was launched in 2016 and has allocated almost $174 million. This program is designed to complement existing federal, state and local resources and increase the supply of affordable housing for low-income households and people experiencing homelessness.' Each state was allocated a minimum of $3 million. From this fund, California was allocated $10,128,143. These funds can be used to make sub-grants to local government agencies or directly fund developers or nonprofit recipients. Each state must submit an HTF Allocation Plan which will identify how the State will allocate its HTF funds. If the state allocates to a local government agency, the local agency's plan must be included in its action plan and be consistent with the Consolidated Plan Citizen Participation Plan. The funds can be used for project costs including acquisition, site improvements and development, demolition, financing, relocation assistance and operating costs. The 2 Block,Chris et al."Establishing a Local Housing Trust Fund."Institute for Local Government.February 2007. 3 Brooks,Mary E."A Workbook for Creating a Housing Trust Fund."Center for Community Change.July 1999. http://housingtrustfundproject.org/wp-content/uploads/2011/10/HousingTrustWorkbookl.pdf 4 Brooks,Mary E."Housing Trust Fund Project.California State Assembly Committee on Housing and Community Development Affordable Housing Construction and Finance:Challenges and Opportunities."March 2015. 5 Sullivan,Brian."HUD Allocates$174 Million Through New Housing Trust Fund."U.S>Department of Housing and Urban Development May 2016 http://portal.hud.gov/hudportal/HUD?src=/press/press-releases-media-advisories/2016/HUDNo-16-068 14 3 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 significance of this is twofold: First, it presents another level of opportunity for leveraging funds for local HTFs. Secondly, it indicates a recognition at the highest level of National government that Housing Trust Funds are being recognized as key in creating solutions to housing and homeless crises. There is no single type of HTF. Presented herein are a number of case studies from California and nationwide illuminating some of the distinct strategies for developing an effective housing trust fund, their particular advantages and disadvantages and finally, what lessons can be gleaned for the formation of a new Housing Trust Fund for Sonoma County. Additionally, this brief contains two matrices comparing data and information from several Trust Funds throughout California. III. Making a Trust Fund Politically Palatable "Every housing trust fund becomes political."' Whether it will require a public vote or city council approval, advocates for a Trust Fund need to have the right resources, allies, strategic awareness and structure for their campaign to succeed. Voters are more likely to support a plan with specificity as to how funding will be used and what arena of purpose the Trust Fund will serve. A study conducted by the Housing Trust Fund Project for the John D. And Catherine MacArthur Foundation found that research evidence on the link between housing and health, educational opportunities and other quality of life variables correlated with the success of advocacy campaigns for Housing Trust Funds.' The study examined three Trust campaigns: Kalamazoo County, Michigan; the State of Arkansas and Louisville, Kentucky. Though this particular evaluation was conclusively limited, the campaigns revealed three findings that are worth noting: 6 Center for Community Change Housing Trust Fund Project."Winning at the Local Level:5 Housing Trust Fund Campaigns Tell Their Stories."2004.http://housingtrustfundproject.org/wp-content/uploads/2011/10/winning-at- local-level.pdf 7 Housing Trust Fund Project."The Impact of Research Evidence as an Advocacy Tool in Housing Trust Fund Campaigns: Lessons Learned from Three Case Studies."February 2013. 15 4 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 1. Local research has a greater impact than national research or research from other locations (e.g. residents of Sonoma County will respond better to statistics relevant to Sonoma County as opposed to a distant county or different state). 2. Research evidence is effective as a tool to expand coalitions and build alliances by connecting housing to other issues. Numerous studies exist illuminating the tie between housing issues and public health, law enforcement, education, business, tourism, transportation, environmental issues and more. 3. Advocates are more likely to effectively use research as an advocacy tool when the research is presented in a way that is easy to understand. If a Housing Trust Fund is intended to be a permanent and reliable source of financing for housing as opposed to a temporary siphon for a one-time allocation of funds, it is critical to gain the support of agencies and individuals outside of the administering agency for both the inception and the maintenance of the fund. Even leveraging an election year has been used by Trust Fund campaigns to challenge state and local representatives to declare their commitment to supporting a housing trust fund if elected (i.e. Columbus, OH). The ensuing case study of San Diego serves as a prime example of how critical political navigation, coalition building and advocacy are in the success of an HTF proposal. HT Silicon Valley presents an effective model of gaining private sector buy-in to ensure leveraging on the initial seed money. Efforts to initiate a new Trust Fund for Sonoma County should begin with outreach to and private sector partners and community stakeholders before laying down the initial $1,000,000 set-aside for the Trust Fund.' IV. Models of Housing Funds There are three basic identifiable financing structures by which a majority of HTFs can be classified: 8 Brooks,1999. 16 5 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 1) Public: trust funds which are run entirely by a government agency and financed with dedicated public funds — typically from a percentage of taxes or levies. 2) Private: Trust Funds created by nonprofits, private organizations or individuals akin to a charitable foundation or trust which obtains revenue from philanthropic donations. 3) Public/Private Partnership: those which utilize support from both government sources of funding and private investments and is typically run by a 501 (c)(3) organization with oversight by a Board with members from both the private and public sector. Various case studies comparing housing trust funds will use the term "Public/Private Model" as a catch-all term for any arrangement of government and private interests within the same fund. No two Public/Private Housing Trust Funds are exactly the same - there will be small differences (e.g., the balance between public and private influences, sources and methods of funding, etc.) and some private housing funds may receive government grants or assistance but remain under the purview of a private agency. 17 6 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 Model 1: Public This type of fund is administered entirely by a government body, but funds are mostly or entirely designated for non-profit organizations and the fund itself may have been shaped and promoted by stakeholders in the private sector. Funds are typically available as grants or loans and awarded through a request for proposal, notification of funding availability or direct funding of specific programs or projects. The County Fund for Housing (CFH) program is Sonoma County's public housing fund which is currently active. This is an annual revolving loan program competitively awarded to for-profit or nonprofit applicants. AGENCY Government C•• n o' C CD CD Developer or Service Organization 18 7 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 Model 2: Private Private Trust Funds are administered by nonprofit or private organizations, and though they may still receive financial support from local government agencies, they are not governed by the public sector. The sources of funding for these Funds vary widely from local businesses, banks, other nonprofit organizations, individual donations, community fundraising, or any combination thereof. The North Valley Housing Trust is an example of this. AGENCY Private • " • fo r9ply � h�ing Nonprofits Foundations, e Ste�E/bGovernment Body ��at'oo$18' GYant�� 19 8 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 Model 3: Public/Private Partnership A public/private partnership describes a Trust Fund which is governed by a joint board made up of both government agency staff and individuals from the private sector. Many of these funds are administered by a nonprofit organization but are consistently financially supported by a local government agency as opposed to having to apply and compete against other organizations for funding. This is one of the more common forms of Public/Private models. The Santa Clara County/Silicon Valley fund exemplifies this. Public Funds Private Investments 20 9 1 P a g e Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 IV. Case Studies "The popularity of housing trust funds is attributable in large part to their inherent flexibility. They can be designed to serve the most critical housing needs in each community, whatever those may be."9 As mentioned before, the use of HTFs is increasing across the nation due to their adaptability and high rate of success. There are still various factors which can affect the effectiveness and even survival of a Fund, and because of how individualized each Fund is, there is no one-size-fits-all blueprint for creating the ideal program. The Center for Community Change has done extensive research and review of HTFs across the nation and in July 1999 published a workbook for creating a Housing Trust Fund - specifically focusing on the beginning stages of gaining initial support for a proposal. Little material exists that differentiates between the different models of Trust Fund or their particular advantages and disadvantages. The following case studies serve not only as illustrations of the three aforementioned models but also illustrate the best conditions for each and elucidate some of the elements in strategizing the formation and management of a trust fund given the needs of the individual community. A. Public Housing in-lieu or mitigation fees are one of the most common forms of public financing for Housing Trust Funds in California and are especially effective in areas with steady development growth. "Real estate-based housing trust funds were associated, at least at their inception, with active real estate markets or moderate rates of population growth."10 Hotel transient taxes, General Fund, document taxes and real estate transfer taxes are also commonly utilized to fund HTFs. The most significant consideration for choosing an HTF model based on inclusionary measures is how steady the rate of new development in Sonoma County is, and thus the potential for revenue, and whether that would produce 9 Center for Community Change."HTF Elements."The Housing Trust Fund Project.Accessed August 2016. http://housingtrustfundproject.org/htf-elements/ io Connerly,Charles E."A Survey and Assessment of Housing Trust Funds in the United States."American Planning Association.Journal of theAmerican Planning Association Summer 1993. 21 101Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 enough to meet the housing need. Sonoma County currently utilizes a public fund called the County Fund for Housing (CFH). The CFH is an affordable housing revolving loan fund which began with $1.1 million in seed money from the General Fund, $1 million from the State Local Housing Trust Fund matching grant program and $750,000 from State HELP program. Currently the fund is financed through in-lieu fees, transient occupancy taxes, loan processing fees, R&R funds and loan interest and is only applicable in unincorporated areas of the County. The fund to date has been used to assist in the creation and rehabilitation of over 500 units, but with the reduction of state housing funds, the dissolution of redevelopment agencies and the slow- down of residential and commercial growth in Sonoma County, the fee-based CFH has been unable to keep up with the projects in pipeline." Another significant obstacle for applicants is the 9% federal Low Income Housing Tax Credits which necessitates that projects have significant public funds committed already while sources of public funds are shrinking County and State-wide. Because of these economic barriers and current public sentiment towards additional taxes and fees, a public fund model is proving to not be enough to offset Sonoma County's need for affordable housing, nor would it be recommended to emulate this same model for a new Sonoma County HTF. Another consideration is that HTFs that rely solely on public funds or fee-based revenue are largely City funds with few exceptions. County HTFs, however, are largely private/public partnerships and, if not, predominately serve to hold and distribute funds from the dissolution of redevelopment agencies. According to research from the National Low Income Housing Coalition, inclusionary policies such as linkage, commercial impact and in-lieu fees are most common sources of funding for cities whereas document recording fees are the most common and effective for Counties.12 A second public fund in Sonoma County would likely not serve as the best mechanism for meeting the needs of the County, though it is also not beyond the realm of the possible — especially if combined with effective advocacy. In 1990, the San Diego Affordable Housing 11 County Fund for Housing FY 2014-15 Annual Report.http://sonoma- county.granicus.com/MetaViewer.php?view-id=2&event-id=353&meta-id=177105 12 Brooks,Mary E."State and Local Housing Trust Funds."National Low Income Housing Coalition,2014. 22 111Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 Fund (AHF) was created and approved at a time when the city was facing a budget shortfall of $60 million. During this time San Diego faced a housing crisis in which rapid population growth coincided with insufficient public facilities and infrastructure and new job creation was outpacing the local housing market's ability to meet worker housing demand. Only 18% of the population could afford median priced home and over 50,000 were overpaying for low- income housing while the City was unable to provide assistance. In response to this crisis, the San Diego Housing Commission collaborated with several non-profit organizations and constituencies to form an Affordable Housing Fund. The key to the success of establishing this fund despite the economic conditions at the time was changing public perception of the problem. Policymakers became advocates and framed the housing shortage as an issue which not only impacts the "undeserving poor" but has a significant impact on all social groups and the overall economic health of the city.13 Additionally, several of the originally proposed levy-based revenue sources were eliminated which consequently narrowed the base of opposition to the Fund. The combination of effective coalition building and framing the issue as a collective responsibility while at the same time minimizing the amount of opposition by pulling revenue from limited segments of the economy made the plan politically feasible even in the middle of a budget deficit. Though the private sector played a critical role in the formation of the fund, the AFH itself is entirely funded by public dollars. The San Diego AHF is generated annually through local fees levied on private development projects. It is comprised of the Housing Trust Fund (passed by the San Diego City Council in April 1990) and the Inclusionary Housing Fund (enacted by the SD City Council in May 2003). The San Diego AHF now supports 14 transitional housing programs operated by non-profit organizations and has contributed to the creation of 4,000 new affordable units, making it one of the most successful housing funds in the country. The case of the San Diego AHF also demonstrates the power of framing as a means of changing a political climate. Advocates for the program were able to effectively make the case for affordable housing as an investment in the all-encompassing economic benefit of 13 Calavita,Nico&Grimes,Kenneth."The Establishment of the San Diego Housing Trust Fund:Lessons for Theory and Practice."Journal of Planning Education and Research 11:170-184.1992. 23 121Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 social equity rather than a benefit for one group. By contacting individuals working for community-based groups and educating on the importance of a Housing Trust Fund, they built the necessary political base needed to ensure it passing muster with voters and being maintained as significant source of affordable housing financing to this day. B. Private There are very few examples of standalone private trust funds in California, and each case is entirely unique in the level to which it still relies on government support or funding. For example, the City of Redding established a council-appointed Affordable Housing Fund Committee which began with $1 million in seed money from Lowe's Home Improvement. That seed money was used to leverage $5.5 million from other private businesses, banks and foundations. On the other hand, Neighborworks Orange County is another nonprofit- run Housing Fund in Southern California, but is predominately reliant on government grants and the support of public agencies. Their Board of Directors, however, is entirely made up of members of the private and nonprofit sectors. Both of these cases are examples of private funds, demonstrating the spectrum of potential levels of partnership with public entities. Some funds rely very heavily on public funds though they are not directly managed by a government agency (excepting any particular requirements for government funding eligibility) while others survive solely on private sector investments and philanthropic donations. The North Valley Housing Trust epitomizes the far end of the spectrum as a community-grown private fund. In January 2016, the North Valley Housing Trust in Butte County partnered with Youth for Justice to host a "Poor People's Palooza & Film Festival." This event used poetry, music, art, Q&A and short films to bring awareness to the need for affordable housing in the region. The following May the Trust hosted a Spring Masquerade and Silent Auction to raise money for the Trust Fund. On March 31, 2015 the NVHT released a Request for Proposals offering up to $1.15 million for projects to develop housing for those who are homeless or at risk of homelessness. The NVHT is providing $300,000 for the Valley View Apartment project which 24 131Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 broke ground in April 2016. This development will be a 14-unit affordable, permanent and supportive housing community for homeless and mentally ill individuals. This form of fundraising and education has the appeal of building community support from the ground up and creating cohesion between multiple sectors around efforts to increase and improve affordable housing, though it is also the method which requires the greatest effort in additional time and resources. Private funds which rely solely on donations and have no dedicated source of funding also tend to be the most volatile (as far as is known, the aforementioned City of Redding fund is no longer existent). Still, the North Valley fund demonstrates a successful effort to shift the prerogative of supporting affordable housing and alleviating homelessness from a singular government agency or even group of non-profits to the broader community, which at least creates the basic framework for achieving affordable housing goals in the long-term.14 C. Public/Private Partnership There is only a narrow difference between some private trust funds and public/private partnerships. One local example of a Partnership model is the Marin Workforce Housing Trust. The MWHT was started by a group of concerned employers looking to expand workforce housing in Marin County. Businesses partnered with the Marin Community Foundation and the County of Marin which match investments and donations." What separates this from a private Fund such as the Neighborworks Orange County is that the Marin fund is not an entirely separate entity nor does it need to apply competitively for County funding. Additionally, three out of the ten members on the Board of Directors are selected by the County of Marin. Partnership funds have a highly effective track records. The intertwining of government and private sectors enhances the leveraging capabilities of the dollars spent from the fund. In 1998, the Santa Clara County Board of Supervisors met with affordable housing activists, local businesses, and foundations to create a non-profit Housing Trust. The initial goal was to raise $20 million and leverage $200 million in two years to assist 2,000 14 Perhaps the best example of this can be found in Medicine Hat,Alberta,where homelessness has been effectively eliminated thanks largely to social cohesion and community-based efforts to address poverty. is Wagner,Linda."Marin Workforce Housing Trust Announces$100,000 Contribution from Union Bank."Marin Workforce Housing Trust.January 2011. 25 141Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 workforce families. Between the $2 million initial investment of the Santa Clara Board of Supervisors and contributions from several tech companies in Silicon Valley, the Fund exceeded the $20 million goal by the end of the second year. The Housing Trust of Silicon Valley has since facilitated the creation of 24,000 affordable housing opportunities, raised over $40 million and leveraged $1.8 billion.16 The success of the Santa Clara County Trust Fund is largely due to the dedicated revenue from numerous tech giants, banks and private foundations. The Fund targets workforce, families, seniors and special needs at the Extremely Low Income, Very Low Income and Low Income levels.17 18 The governing Board consists of individuals from housing corporations, tech companies, banks and local government. Though these three case studies only scratch the surface of the various models for Housing Trust Fund design and delivery, they present us with three key elements of any successful fund: political feasibility, community buy-in and a dedicated revenue source.19 20 The Silicon Valley and North Valley Housing Trusts present examples of the success of leveraging and raising funds from the private sector. Silicon Valley has been especially successful in taking advantage of the greatest economic asset of the region by partnering with tech giants. Sonoma County could draw from this example and perhaps look at the potential of tapping into the wine or tourist industry for support.21 The North Valley fund is made up of several smaller organizations which, though they do not have the same economic engine as Silicon Valley, taps into the creativity of its community members for fundraising opportunities and effectively brings awareness of homeless and housing issues to the wider community. Relying on philanthropic donations and nonprofits alone is not as secure a form of financial revenue and this kind of support system goes beyond enacting policy and necessitates building trust and effectively educating the wider community on the universal desideratum to address the affordable 16 The Housing Trust of Santa Clara County Annual Report 2011. 17 This is based on percentages of Average Median Income(AMI).ELI is less than 30%,VLI is 50%,Low is 80%.. 18 Median income in Santa Clara for an individual is$74,950 and a family of four is$107,100 whereas a family of four in Sonoma County is$75,900.This is according to the Affordable Housing Program Income Limits 2016 http://www.sonoma-county.org/cdc/cd-ah-income-limits.htm 19 Reid,Carolina.State Housing Trust Funds:Meeting Local Affordable Housing Needs.Community Investments 2005. 20 Scally,Corianne Payton."The Past and Future of Housing Policy Innovation:The Case of US State Housing Trust Funds." Housing Studies Vol 27,No 1,pg 132.2012 21 The Napa County Affordable Housing Trust Fund was partially supported by contributions from its wine-growers. 26 151Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 housing shortage. Below are two matrices which compare data between a random sample of California County and City Housing Trust Funds — all of which are active except for San Mateo County's. These are only a small representation of the numerous HTFs and AHFs throughout the state, but give us at least an idea of the capabilities of different models. 27 161Page 00 Q Q N Q Q Q CV V1 Z ��-1 r�-I r�-I Z Z rM-1 Z Z O , a) � O O vi EO OU U O E V V v u C n3 c6 n3 'i n3 U > 7 N 00 [o 00 00 > O O a) Q a O >_ O Q +' _Y U ' t C O> i m i i [) o C + _ N d Cl- 07 Cl- � 0- _w N n3 _n oO n L p v + U v E v O O E + O Ln n3 7 7 O 7 O +' - O O v cn l7 in a a o = o U a U V in U c E Q - � .V Q C � o LL Ln VI Vf !n !n lA r S Z } Z > } Z } Z Z E E �L i n O c + w Gni Q o r-I Q U� Q I-q Q Q > o a OC Z Z � � Z Z Z O v o o 0) LF N o v o c v o 0 L n OLL. a) Q L } C N (3) p ca E U L p0 a-- V) viO L Ln C v`ni O U > a) n3 0 LL c0 E LD Ln 0 > > � 0. 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Conclusion: Sonoma County Trust Fund - Build to Suit Local needs Based on the analysis of the capacities and challenges of various HTF models, CDC staff recommends a combination Private/Public Partnership fund as the most sensible choice for a new HTF in Sonoma County. Partnership funds combine the reliability of a public fund with the political feasibility and leveraging capability of the private fund, which has historically served Counties or multiple-city programs better than solely private or public funds. Additionally, the matrix points to Public/Private partnerships as capable of pulling in far higher amounts of private revenue than do purely private models,23 as the assurance of the dedicated seed money presents us with a powerful leveraging tool for potential private investors and acquisition of grants. Before this can be accomplished, however, a strategy for advocacy and coalition building must be formulated. The common thread running through each case study from this report is that the sustainability of a long-term housing plan rests on making affordable housing as much a community prerogative as it is a policy priority. On November 17th the Community Development Commission will hold a Sonoma County Housing Summit which will bring together multiple facets of the community and government agencies around the common goal of creating a plan to increase the supply of affordable housing and end homelessness. This event should serve as the springboard for an ongoing campaign to promote a Sonoma County HTF and begin the conversation with community stakeholders in order to garner their trust and support for the proposed Fund. A new Sonoma County Housing Trust Fund, if approached strategically and created effectively, should serve to supplement funding for affordable housing and leverage additional financing from outside sources. Furthermore, and perhaps most importantly, a Sonoma County HTF ought to serve as a political mechanism to make the housing and homeless crisis not the burden of government nor a problem for the nonprofit and service sector but the prerogative of the entire community. 23 A larger sample size of private models would be needed to confirm this theory as statistically significant. 30 191Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 References Block, Chris et al. "Establishing a Local Housing Trust Fund." Institute for Local Government. February 2007. Brooks, Mary E. "A Workbook for Creating a Housing Trust Fund." Housing Trust Fund Project — Center for Community Change. July 1999. Calavita, Nico & Grimes, Kenneth. "The Establishment of the San Diego Housing Trust Fund: Lessons for Theory and Practice." Journal of Planning Education and Research 11:170-184. 1992. Center for Community Change. "HTF Elements." The Housing Trust Fund Project. Accessed August 2016. http://housingtrustfundproject.org/htf-elements/ Connerly, Charles E. "A Survey and Assessment of Housing Trust Funds in the United States." American Planning Association. Journal of the American Planning Association Summer 1993. County Fund for Housing FY 2014-15 Annual Report. http://sonoma- county.granicus.com/MetaViewer.php?view_id=2&event_id=353&meta_id=177105 Housing Trust Fund Project. "The Impact of Research Evidence as an Advocacy Tool in Housing Trust Fund Campaigns: Lessons Learned from Three Case Studies." February 2013. North Valley Housing Trust. "Housing Trust Fund Case Studies." 2012. http://www.nvht.org/sites/default/files/resources/HTF%20Case%2OStudies.pdf Pearson, Carol L. et al. "The Applicability of Housing First Models to Homeless Persons with Serious Mental Illness: Final Report." U.S. Department of Housing and Urban Development. July 2007. 31 201Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 Reid, Carolina. "State Housing Trust Funds: Meeting Local Affordable Housing Needs." Communitylnve5tment5. September 2005. Scally, Corianne Payton. "The Past and Future of Housing Policy Innovation: The Case of US State Housing Trust Funds." Housing Studies Vol 27, No 1, 127-150. 2012 Sullivan, Brian. "HUD Allocates $174 Million Through New Housing Trust Fund." U.S. Department of Housing and Urban Development May 2016. Wagner, Linda. "Marin Workforce Housing Trust Announces $100,000 Contribution from Union Bank." Marin Workforce Housing Trust. January 2011. Individual Housing Fund Information: Housing Trust Fund of Santa Barbara County: http://www.sbhousingtrust.org/ Housing Trust Silicon Valley Q4 2015: http://www.housingtrustsv.org/wp-content/uploads/2014/05/Housing-Trust-SV-NL-NOV- 2105-web.pdf San Mateo County Affordable Housing Fund: http://housing.smcgov.org/san-mateo-county-affordable-housing-fund-ahf San Diego Housing Fund: http://www.sdhc.org/uploadedFi les/Real_Estate/05.30.13%2OAffordable%2OHousinq%2OFund. pdf Sonoma County Fund for Housing http://sonoma- county.granicus.com/MetaViewer.php?view_id=2&cli p_id=218&meta_id=87273 32 211 Page Prospects for a Sonoma County Housing Trust Fund Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness September, 2016 Ventura County Housing Trust Fund (2016). http://www.vchousingtrustfund.orq/about-us/ 33 221Page Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness Appendix A - Cali • • County Trust Funds CityHousing Trust Funds.............................................................................................................. A-3 Berkeley: Housing Trust Fund.................................................................................................................A-3 City of Calabasas Affordable Housing Trust Fund...................................................................................A-4 Citrus Heights: Affordable Housing Trust Fund (2003)...........................................................................A-4 Cupertino: Affordable Housing Fund......................................................................................................A-5 Elk Grove: Affordable Housing Fund (2000) ...........................................................................................A-5 Fremont: Affordable Housing Trust Fund...............................................................................................A-6 Folsom: Housing Trust Fund ...................................................................................................................A-7 Lompoc: Affordable Housing Trust Fund................................................................................................A-7 Long Beach: Housing Trust Fund ............................................................................................................A-8 Los Angeles: Affordable Housing Trust Fund (2000) ..............................................................................A-8 Menlo Park: Below Market Rate Housing Program................................................................................A-9 Oakland: Affordable Housing Trust Fund (2002)..................................................................................A-10 Oxnard: Affordable Rental Housing Trust Fund........................................................................................10 Palo Alto: Affordable Housing Fund .....................................................................................................A-11 Pasadena: Housing Trust Fund .............................................................................................................A-11 Petaluma: Housing Program.................................................................................................................A-12 San Diego: Housing Trust Fund.............................................................................................................A-12 San Francisco: Affordable Housing Funds (2012).................................................................................A-13 San Jose: Housing Trust Fund ...............................................................................................................A-14 San Leandro: Housing Trust Fund.........................................................................................................A-15 Santa Cruz: Affordable Housing Trust Fund..........................................................................................A-15 Santa Monica: Citywide Housing Trust Fund........................................................................................A-16 Santa Rosa: Housing Trust ....................................................................................................................A-16 West Hollywood: Affordable Housing Trust Fund................................................................................A-17 County Housing Trust Funds........................................................................................................A-18 Alameda County: Affordable Housing Trust Fund................................................................................A-18 34 A-1 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness Butte county: North Valley Housing Trust (2009) ................................................................................A-18 Los Angeles County: Affordable Housing Trust Fund ...........................................................................A-19 Marin County: Housing Trust Fund.......................................................................................................A-20 Marin Workforce Housing Trust (2004)................................................................................................A-20 Napa County: Affordable Housing Fund (1992)....................................................................................A-21 Orange County: Housing Trust..............................................................................................................A-21 San Luis Obispo County: Housing Trust Fund .......................................................................................A-22 San Mateo County: Housing Endowment and Regional Trust .............................................................A-23 Santa Barbara County: Housing Trust Fund..........................................................................................A-23 Santa Clara County: Housing Trust of Santa Clara County/Silicon Valley.............................................A-24 Sonoma County: County Fund for Housing ..........................................................................................A-25 Ventura County: Housing Trust Fund ...................................................................................................A-26 35 A-2 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness CITY HOUSING TRUST FUNDS BERKELEY: HOUSING TRUST FUND PUBLIC Background The City of Berkeley created its Housing Trust Fund (HTF) in 1990, the purpose being to pool money from different sources to achieve the City's General Plan and Consolidated Paln goals of developing and preserving long-term blow market rate housing for low, very low, and extremely low income households. Revenue Sources • Federal HOME Partnership for Investment/CDBG Funds. • State of California Local Housing Trust Fund Program • Berkeley Redevelopment Agency 20% Low/Moderate Income Housing Set-Aside Funds (tax increment funds) • Housing Mitigation Fee on new market-rate developments and Condominium Conversion Fees. • Local Tax Revenue • Balance was $2,795,743 as of 2013. Allocation • "Loans and Grants for qualified developers, public entities, groups and individuals which create, maintain or expand the City's affordable housing stock." Impact • 1,036 affordable units created or preserved through HTF funds since 1990. More Information: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=6532 36 A-3 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness CITY OF CALABASAS AFFORDABLE HOUSING TRUST FUND PUBLIC Background In February 2010, the City loaned $1 million to the developer of a senior affordable housing project, and the developer commenced construction. The loan will be amortized over thirty years, but will be due and payable in eighteen years. No other trust fund monies have been expended, aside from $500,000 committed to the Home Repair Loan Program. Revenue Sources • Inclusionary Housing and Commercial Impact Fees. • Balance was $1.6 million as of June 2016. Allocation • Affordable Housing Projects • Home Repair Loan Program More Information: http://www.cityofcalabasas.com/departments/planning/housing.htmi CITRUS HEIGHTS: AFFORDABLE HOUSING TRUST FUND (2003) PUBLIC Background As part of the guidelines for use of funds, the City holds an annual public hearing on the use HTF funds. In this hearing the City solicits suggestions on the programs to be funded by the Affordable Housing Fund in the next fiscal year from any person who has indicated such a desire in writing to the City Clerk. Revenue Sources • Housing Impact fees Allocation • Loans and grants • 30%toward production of affordable units at 30%AMI • 75%toward rental units, special needs populations and residents of rent-restricted housing at risk of converting to market rate. 37 A-4 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness • Affordability Restriction 55 years. More information: http:Hwww.citrusheights.net/368/Affordable-Housing CUPERTINO: AFFORDABLE HOUSING FUND PUBLIC Background The City's Affordable Housing Fund provides financial assistance to affordable housing developments. "Requests for Proposals" (RFPs) will be solicited from interested parties to develop affordable units with housing funds. Revenue Sources • Mitigation Fee on new market-rate developments Allocation (in order of priority) • Assistance to Affordable Housing Developments • Low interest loans to make market-rate units more affordable • Rental subsidies More information: http://www.cupertino.org/HE/ ELK GROVE: AFFORDABLE HOUSING FUND (2000) PUBLIC Background The Elk Grove AHF is a special interest-bearing trust fund created by the Finance Director of the City of Elk Grove when Elk Grove became a city in 2000. Revenue Sources • Development Fees • $1 million allocation from City of Elk Grove (2015) Allocation • Loans/grants for new affordable units • Loans/grants for acquisition and rehab of existing units 38 A-5 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness • Homebuyer Assistance Program • Projects/Programs related to the AHF. Impact • Assistance in development of 12 projects (1,588 affordable units) More Information: http://www.codepublishing.com/CA/EIkGrove/htmI/EIkGrove16/EIkGrovel688.htm1#16.88.030 FREMONT: AFFORDABLE HOUSING TRUST FUND PUBLIC Background Since 2002, the city has required developers to set aside 15 percent of all new units as affordable housing. However, in July 2010, Fremont gave developers the option of paying an equivalent amount into the city's affordable housing trust fund. The City was awarded a $1.7 million grant from the State of California's Local Housing Trust Fund Program in 2014, and updated its affordable housing ordinance in 2015 to further increase funding for affordable housing and incentivize market rate developers to incorporate affordable housing into their projects Revenue Sources • Housing Mitigation Fees • In-Lieu Fees • Boomerang funds from Redevelopment Agency dissolution. Allocation • Grants for multi-family rental and ownership housing. 30% of awards must serve ELI households and less than 20% can go to moderate income households. • Emergency Shelters 39 A-6 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness FOLSOM : HOUSING TRUST FUND Background The City of Folsom was sued by the Sacramento Housing Alliance in 2012 for suspending its Inclusionary Housing Ordinance without providing an alternative mechanism for fulfilling the affordable housing goals in their Housing Element. As a result, the City agreed to amend its Housing T rust Fund Program to ensure that 50%of any in lieu fees would be targeted for construction or rehabilitation of low and very- low income multi-family residences. Revenue • Federal and State Subsidies • In-Lieu Fees • Impact Fees on non-residential development ($1.54 per gross square foot) • Balance of$463,551 as of December 31, 2015. Allocation • Development of low, VLI, ELI households • Grants for developers for production of multi-family rental units • Seniors helping Seniors Program assistance (minor home repairs to low-income seniors) Impact • Invested $967,723 for creation of 20 single-family HTF units in 2014. • Supported creation of 3,409 units from 1989-2015. LOMPOC: AFFORDABLE HOUSING TRUST FUND PUBLIC Background The purpose of the Lompoc Affordable Housing Trust Fund Program is to help achieve the City's General Plan goals of providing long-term below market rate housing for very low-, low-, and moderate-income households in order to maintain and enhance housing opportunities for all economic segments of the community. Lompoc Affordable Housing Trust Fund Program resources shall be used to provide loans to qualified developers, public entities, groups, and individuals to encourage them to create new housing, thereby expanding the City's below market housing stock. 40 A-7 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness Revenue Source • Housing In-Lieu Fee Program Allocation • Low-Interest Loans for Affordable Housing Development • Available funds $2.8 million as of November 2014. Impact • Issued four loans from 2010-2014 for development of affordable housing. More Information: http://wwwl.cityoflompoc.com/departments/comdev/pdf/affordable-housing-tfp.pdf LONG BEACH: HOUSING TRUST FUND PUBLIC Background The Long Beach HTF was formed in 2006 as a response to a 5-year campaign by a group of community members and housing advocates known as "Housing T rust Fund Coalition." The formation of the fund was seen as a major victory and step towards more funding for affordable housing until 2008, when it was uncovered that the $1.5 million earmarked for the Fund had never been deposited. Allocation • ELI, VLI, and above moderate income households. • Any unit funded by HTF will have 55 year rental or 30 year ownership affordability restriction imposed on it. LOS ANGELES: AFFORDABLE HOUSING TRUST FUND (2000) PUBLIC Background The AHTF was established by the Mayor and City Council through the City's budget process in June 2000, in response to the critical shortage of affordable housing in Los Angeles. Seed funding of$5 million was provided, which was immediately committed by the Los Angeles Housing + Community Investment Department (HCIDLA) to fund proposed housing developments that were on the waiting list from the NOFA for that year. In the following fiscal year, $10.5 million was budgeted for the Affordable Housing Trust Fund (Fiscal Year 2001-2002). In January 2002, the Mayor announced his $100 million 41 A-8 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness proposal for the Affordable Housing Trust Fund, and a multi-year funding plan based on the Mayor's proposed plan was approved. Revenue Source • HOME • City General Funds • McKinney Act bond funds • Leveraged with federal LIHTC, tax-exempt bonds and other public and private financing. Allocation • Construction financing • Permanent Financing for development and preservation of Affordable rental housing Impact • Gap Financing through competitive NOFA MENLO PARK: BELOW MARKET RATE HOUSING PROGRAM PUBLIC Background The City of Menlo Park Below Market Rate (BMR) Housing Fund is a separate City fund set aside for the specific purpose of assisting the development of housing that is affordable to very low, low and moderate-income households. The City contracted with Hello Housing to continue the program after the dissolution of the redevelopment agencies in 2012. Revenue Source • Housing in-lieu fees • Has $14.1 million as of December 2015. Allocation • Subsidize BMR housing More Information: https://www.menIopark.org/369/Below-Market-Rate-BMR-housing-program 42 A-9 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness OAKLAND: AFFORDABLE HOUSING TRUST FUND (2002) PUBLIC Background The Oakland AHTF was established by the Oakland City Council in 2002 to provide loans and grants for the development of rental and owner occupied affordable housing. In March 2016 the City Council's Community and Economic Development Committee approved an ordinance which expanded the definition of "affordable housing" to include moderate-income. Revenue Source • Jobs-Housing linkage fee (generated $1.2 million in 2013). • 25% of Boomerang funds Allocation • Moderate ($70,000 or less annual income) to Extremely-low income housing. Median income is $40,250. Impact • $275,000 supporting development of 62-unit project. More Information: http://www2.oaklandnet.com/Government/o/hcd/s/AffordableHousing/index.htm OXNARD: AFFORDABLE RENTAL HOUSING TRUST FUND PUBLIC Background Oxnard has three separate trust funds: The Affordable Housing Rental Trust Fund, the Affordable Housing Sales Trust Fund and the Affordable Sales Housing Trust Fund. In 2009 the Oxnard City Council passed and adopted a measure to submit an application to HCD for $1 million to be split between these three funds. Revenue Sources • Housing In-Lieu Payments Allocation • Rental properties, special needs housing and preservation of at-risk assisted housing. • FTHB Loans. 43 A-10 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness More information: http://oxnard.granicus.com/MetaViewer.php?view id=37&clip id=1025&meta id=69283 PALO ALTO: AFFORDABLE HOUSING FUND PUBLIC Background The Affordable Housing Fund was established by the City Council of the City of Palo Alto, California to provide financial assistance for the development of housing affordable to very low, low and moderate- income households that live or work within the City. While rental and owner units may be assisted, in practice all units assisted have been rental units and almost all have been affordable to very low or low- income households. The Affordable Housing Fund is made up primarily of two sub-funds composed of local sources of housing monies: the Commercial Housing Fund and the Residential Housing Fund. In all cases, the housing projects assisted by the City have been developed, owned and managed by local non- profit housing organizations. Allocation Low-interest loans. Revenue Sources • Commercial Fund (Housing mitigation fees) • Residential Fund (developer/in-lieu fees) More information: http://www.cityofpaloa Ito.org/news/displaynews.asp?NewslD=532&TargetID=208 PASADENA: HOUSING TRUST FUND PUBLIC Background The Pasadena housing trust fund or "housing opportunity fund" is funded through the Inclusionary Housing Ordinance which was passed in 2000. Developers pay$10-$30 per square foot in in-lieu fees and $14-$53 per square foot for ownership units. Revenue Sources • Housing In-Lieu Fees • Forfeit funds from individuals who sell or rent inclusionary units in violation of code. 44 A-11 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness More Information: http://Ia.uli.org/wp-content/uploads/sites/26/2011/06/City-of-Pasadena-Affordable-Workforce-Housing-2009.pdf PETALUMA: HOUSING PROGRAM PUBLIC Background The City of Petaluma implemented the Housing Program in 1984 as a response to the General Plan mandate to provide 10-15% of all market rate units as affordable. The Program is not a Trust Fund so much as a series of policies which supplements CDBG, HOME and ESG funds for housing and shelter development and includes additional provisions such as data collection to determine vacancy rates and assess housing needs. Revenue Sources • Housing In-Lieu Fees • Commercial Linkage Fee Impact • 1,336 affordable units created More Information: http://cityofpetaluma.net/cmgr/housing.html SAN DIEGO: HOUSING TRUST FUND PUBLIC Background The San Diego AHG is generated annually through local fees levied on private development projects. It is comprised of the Housing Trust Fund (passed by the SD City Council in April 1990) and the Inclusionary Housing Fund (enacted by the SD City Council in May 2003). The creation of the HTF was provoked by a housing crisis during the late 1980s in which rapid population growth coincided with insufficient public facilities and infrastructure. Only 18%of the population could afford median priced home and over 50,000 were overpaying for low-income housing while the City was unable to provide assistance. This Fund was a joint endeavor spearheaded by the San Diego Housing Commission and comprised of several non-profit and constituencies with a stake in the outcome. A great deal of the success of establishing this fund was changing public perception of the problem as one which not only affects low-income but impacts all social groups and the economy of the entire city (Calavita and Grimes, 1992). 45 A-12 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness Revenue Sources • $12 million from City-wide linkage fees for office, commercial, industrial, warehousing, medical facilities and hotel developments. • Loan Repayments/Interest. Allocation • 70% set aside for very low income households (<50%AMI) • 20%for projects providing affordable housing for low income • 10% FTHB Assistance for those earning up to median income. • Affordability Restrictions: 55 years. Impact • Over $51.3 million raised since 1990 • 65 Housing Developments financed containing 3,957 affordable units for low-income families, seniors and disabled. • Funding for over 900 first-time homebuyers • $19.1 million in grants for nonprofit agencies to create transitional housing for those facing mental and physical health care issues and domestic violence. • Rehab grants and loans for low-income owners. More information: http://www.sdhc.org/uploadedFiles/Real Estate/05.30.13%20Affordable%20Housing%20Fund.pdf SAN FRANCISCO: AFFORDABLE HOUSING FUNDS (2012) PUBLIC Background The Affordable Housing Trust Fund passed in 2012 vis-a-vis Prop C after the demise of the SF Redevelopment Agency. Prop C captures and dedicates this stream of income for future funding of affordable housing. It is a 30-year fund that grows over the years until it generates $50 million per year, at which point the yearly set-aside will be capped. Over its 30-year life, this would total $1.2 billion in funding for housing subsidies. This was a huge win for San Francisco and will help enormously to maintain a diverse housing stock. Revenue Sources • Redevelopment "boomerang" funds. • $13 million in new General Fund revenue from business license fees (2013). 46 A-13 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness Allocation • Development of Affordable housing units • FTHB Assistance loans • Housing Stabilization program • Complete Neighborhoods Infrastructure Grant program to fund public realm improvements. • Approx$50 million set aside each year. Impact (goals) • $28.5 million for housing in 2013 • Develop 9000 units of affordable housing for AMI <60% • Invest $15 million in FTHB loans. More information: http://www.sfhac.org/policy-advocacy/affordable-housing-trust-fund/ SAN JOSE: HOUSING TRUST FUND PUBLIC Background The San Jose Housing Department administers the HTF which provides grants to nonprofit agencies that serve people who are homeless or at risk of becoming homeless. Revenue Sources • City bond administrative fees • Developer Agreements, settlements and bond issuance fees • Receives approx. $1.1 million each year. Allocation • HOME-Sponsored projects • Emergency funds for disaster-displaced people • Permanent housing for chronic homeless/supportive services. Impact • $347K given to downtown homeless outreach and engagement project • $125K to develop 6,000 housing opportunities for homeless men and women 47 A-14 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness • $1.04 million to related activities of the Care Coordination Projects—supports 160 chronically homeless households • $50K for Food Study data collection. • $423K to operate Overnight Warming Location during cold weather periods. More information: http://www.san4oseca.gov/index.aspx?NID=1348 SAN LEANDRO: HOUSING TRUST FUND PUBLIC Background The City's Affordable Housing Trust Fund ("Fund") was established to receive fees and/or monies from other sources in connection with approval of a development project. Monies deposited in the Fund must be used to increase and improve the supply of housing affordable to moderate-, low-, and very low- income households in the City. Fund monies shall be used to construct or convert a development to affordable housing or assist other governmental entities, private organizations or individuals to do so. Receipt of these funds requires the City to provide an annual report to the City Council on the status of activities undertaken with the Fund. Revenue Sources • Loan Interest and Principal Repayment (average of$15,000 per year from FY 08-09 to 13- 14. Impact • Assisted in the creation of an affordable 51-unit senior rental housing development. More information: http://www.sanIeandro.org/depts/cd/housing/programs.asp SANTA CRUZ: AFFORDABLE HOUSING TRUST FUND PUBLIC/PRIVATE PARTNERSHIP Background The purpose of the Affordable Housing Trust Fund (AHTF) is to assist in the creation and preservation of affordable housing in the City of Santa Cruz for the benefit of low- and moderate income households. The fund has guidelines which establish criteria for distribution of funds to individuals and private or public, nonprofit or profit entities. Revenue Sources 48 A-15 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness • In-Lieu Fees • Donations from private organizations. Allocation • Creation of new affordable units. • Preservation of existing affordable housing. • Assistance with multifamily rehabilitation programs. • Conversion of market rate units to affordable housing. • Construction of accessory dwelling units. • Acquisition and rehabilitation of potential limited equity cooperatives. • First time homebuyer loans • Predevelopment loans/grants to assist nonprofit and for profit developers with project feasibility studies, site acquisition and design studies for potential affordable housing projects. More Information: http://www.citvofsantacruz.com/home/showdocument?id=9404 SANTA MONICA: CITYWIDE HOUSING TRUST FUND PUBLIC Revenue Sources • Linkage Impact Fees • Housing In Lieu Fees (Approx $650K annually) • Condominium Conversion Fees SANTA ROSA: HOUSING TRUST PUBLIC Background The Santa Rosa Housing Trust is managed by the Santa Rosa Housing Authority and partners with private sector organizations to develop affordable rental housing projects. Most funds are distributed as low interest loans to non-profit developers or affordable rental housing. Revenue Sources • CDBG and HOME Allocations • General Fund • Loan Repayments 49 A-16 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness Allocation • Low or very low income households. (30%-80%AMI) Impact • Sponsorship of over 3,700 units in Santa Rosa. More information: http://ci.santa-rosa.ca.us/departments/economicdev/Pages/EDHDeptFAQs.aspx WEST HOLLYWOOD: AFFORDABLE HOUSING TRUST FUND PUBLIC Background Established in 1986, the Housing Trust Fund was created to off-set development impacts and generate additional resources to meet the increasing need for affordable housing. The City Council adopted a policy of requiring residential and commercial developers to either provide affordable housing or pay a fee in in-lieu of providing said housing. Residential in-lieu fees, commercial development fees, and settlement funds are paid to the City's Housing Trust Fund to be used exclusively for projects with at least twenty percent (20%) of the total number of units affordable to low income households and a minimum of sixty percent (60%) of the total number of units affordable to low and moderate income households. The funds are used by non-profit developers to build said housing. Revenue Sources • In Lieu Fees • Commercial Development Fees • Settlement Funds 50 A-17 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness COUNTY HOUSING TRUST FUNDS ALAMEDA COUNTY: AFFORDABLE HOUSING TRUST FUND PUBLIC Background The Alameda County Board of Supervisors voted in 2014 to designate former redevelopment funds to build affordable homes and prevent homelessness. In light of the dissolution of the redevelopment agencies in 2012, they agreed to spend $9.8 million for affordable housing production, $3.9 million for rapid re-housing programs and $2 million from residual tax increment funds (boomerang funds) annually beginning in 2016/2017. Projects are selected through the RFP process with uncommitted funds after RFP cycles available for "opportunity driven" open submittal. Revenue Sources • $2 million (minimum) annually from Residual Property Taxes ("boomerang" funds). Allocation • Permanent Affordable Housing • Rental or Homeownership • New Construction • Acquisition to increase or preserve affordability • Acquisition/Rehabilitation Impact • Regular funding for HTF will begin FY 16/17. More Information: https://www.acgov.org/cda/hcd/documents/Boomerang-Policy-Adopted-by-Alameda-County-BOS.pdf BUTTE COUNTY: NORTH VALLEY HOUSING TRUST (2009) PUBLIC/PRIVATE Background The North Valley Housing Trust came out of the creation of the City of Chico Housing Element which involves the participation of about 140 community members from non-profit, for profit and government 51 A-18 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness sectors. Some of their latest fundraising endeavors include community events such as the Poor People's Palooza & Film Festival (which served as a fundraiser and informational/awareness campaign) and a Spring Masquerade Ball fundraiser. Revenue Sources ($1.2 million To Date) • Bank investments ($650,000) • State Local Housing Trust Fund Grant ($500,000) • Community Donations ($50,000) • Fundraising Events Allocation • Developers through Competitive RFP Impact • Over 1,500 individuals transitioned into housing from homelessness between 2008 and 2013 More Information: http://www.nvht.org/organization LOS ANGELES COUNTY: AFFORDABLE HOUSING TRUST FUND PUBLIC Background The LA AHTF was originally created with $63 million from the dissolution of the Community Redevelopment Agencies. This diminished to 23 million, but in October 2015 the Los Angeles County supervisors voted to set aside approximately $20 million a year to maintain the fund. Revenue Sources TBD (Proposed: 20% of property tax revenues and 20% of money leftover at end of the budget year). 52 A-19 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness MARIN COUNTY: HOUSING TRUST FUND PUBLIC Background The Marin County In-Lieu Housing Trust Fund (Housing Trust) was created to increase the stock of permanently affordable housing units in the County. The Housing Trust provides a local funding source for financial and technical assistance to help affordable housing developers produce and preserve affordable housing Revenue Sources • In-Lieu Housing Fees • Impact Fees MARIN WORKFORCE HOUSING TRUST (2004) PUBLIC/PRIVATE Background The Marin Workforce Housing Trust is a unique public/private partnership between the Marin business community, the Marin Community Foundation and the County of Marin. The Trust was created to meet the challenges of housing affordability for workers in Marin County. All donations and revenue are matched by the Marin Community Foundation and the County of Marin, thus tripling the value of donations and investments. The Board is comprised of three members of the business community, three from the County of Marin, three selected by Marin Community Foundation and one at large member selected by the Board. Revenue Sources • Donations • Long term investments from banks • Revolving Loan Fund • Matches from Marin Community Foundation and County of Marin Allocation • Development of Affordable Housing Units • FTHB Loans More information: http://www.marincounty.org/depts/cd/divisions/planning/housing/affordable-housing 53 A-20 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness NAPA COUNTY: AFFORDABLE HOUSING FUND PUBLIC Background The Napa County AHF was established in 1992 to construct and rehabilitate affordable housing units. In addition to funding affordable housing construction, the fund provides down payment assistance loans of up to 10% of the cost of a home to home buyers who work in Napa County and earn less than 120% of the area median income. An applicant's new home must be within 15 miles of their workplace, and applicants for whom moving will reduce the length of their commute are more competitive for assistance based on the miles saved. The Fund is managed by the Housing & Intergovernmental Affairs Division of the Napa County Executive Office. In 2002, the County established the Napa County Community Affordable Housing Advisory Board to coordinate the efforts of the County Trust Fund and the Funds of cities throughout the County. Revenue Sources • In-Lieu Housing Fees Impact • Over $12 million in loans for 28 projects/725 affordable units More information:http://www.countvofnapa.org/Pages/DepgrtmentContent.aspx?id=4294982540 ORANGE COUNTY: HOUSING TRUST PUBLIC/PRIVATE Background The Orange County Housing Trust Inc, is a non-profit organization which opened in 2010. It has $1.2 million in yearly revenue and 29 employees. The mission of the Orange County Housing Trust (OCHT) is to collaborate with the public and private sectors to provide programs, resources and advocacy designed to establish a regional solution to the growing demand for affordable workforce housing options in Orange County and throughout Southern California Revenue Sources • Donations • $2 million grant from SCHCD Allocation • Development of Affordable Housing Units • FTHB Loans 54 A-21 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness • Homeless Assistance Grants Impact • 84 units of new affordable housing • 194 new homeowners • Over $13 million loaned SAN LUIS OBISPO COUNTY: HOUSING TRUST FUND PUBLIC/PRIVATE Background The San Luis Obispo County Housing Trust Fund (SLOCHTF) was incorporated in 2003, and initially consisted of loans from banks, religious organizations and the SLO County Community Foundation. By the start of 2009, about $200,000 of private grants had been added. Since 2009, the SLOCHTF received $3.1 million in grants from HCD (State of California) and the CDFI Fund (U.S. Treasury). The CDFI was also critical to securing a $1 million investment from Rabobank. The HTF provides financing and technical assistance to help private developers, nonprofits and government agencies produce and preserve affordable homes for working families, seniors and persons with disabilities. Revenue Sources • HCD Funds • Non-profit organizations Allocation • Loans for predevelopment, acquisition, development, rehab and construction for affordable rental and ownership projects. • Technical Assistance. Impact • $11 million in financing. • Raised over 7.5 million in lending capital. • Assisted in the creation of 332 affordable homes. More Information: http://www.slochtf.org/ 55 A-22 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness SAN MATEO COUNTY: HOUSING ENDOWMENT AND REGIONAL TRUST PUBLIC/PRIVATE Background In 2002, individuals representing multiple sectors from throughout the county explored the formation of a trust fund as a source of capital for additional workforce housing in the county. The group recommended the formation of a housing trust fund to raise money from public and private sources. The Housing Endowment and Regional Trust (HEART) was formed as a Joint Powers Authority in 2003. Revenue Sources • Former Redevelopment Agency Funds Allocation • Loans to nonprofit developers • Down-payment assistance loans. Impact • Invested $12.4 million to fund over 950 affordable homes. More Information: http://housing.smcgov.org/san-mateo-county-affordable-housing-fund-ahf SANTA BARBARA COUNTY: HOUSING TRUST FUND PUBLIC/PRIVATE Background HTF was created by countywide community leaders to address the region's critical affordable housing needs by building innovative partnerships between the private, public and nonprofit sectors. They raise capital, design innovative housing solutions and provide technical assistance and low-cost loans to community sponsors of affordable housing. They enhance the work of nonprofit, public and private affordable housing sponsors in our diverse communities. HTF has been certified by the U.S. Treasury CDFI Fund as a Community Development Financial Institution (CDFI). HTF is also a HUD approved Non- Profit Secondary Loan Provider. Revenue Sources • 5.5 million Revolving Loan Fund Allocation • Affordable housing production 56 A-23 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness • Workforce Homebuyer program • Technical Assistance Impact • Raised $7.35 million in private and public lending capital for affordable housing production and new Workforce Homebuyer Program • $3.8 million committed to create 191 of permanently affordable housing • 28 FTHB Loans funded • Technical Assistance for 31 community groups • Raised $1.3 Million in private and public donations More Information: http://www.sbhousingtrust.org/ SANTA CLARA COUNTY: HOUSING TRUST OF SANTA CLARA COUNTY/SILICON VALLEY PUBLIC/PRIVATE Background The Housing Trust of Silicon Valley is composed of a blend of public and private funds. The initial goal was to raise $20 million and leverage $200 million within two years to assist 2000 families. The Santa Clara County Board of Supervisors initiated the fund with a $2 million grant, followed by investments from tech companies including Adobe, Cisco Systems, Applied Materials, Solectron and KB Homes. Within two years all cities and towns in Santa Clara County had contributed to the Housing Trust and the $20 million was exceeded. Revenue Sources • HUD • Donations from Tech Companies, Banks, Non-Profits and Charitable Foundations Allocation • First-Time Low-Income Homebuyer Loans • Multifamily Development Loans • Homelessness Prevention and Assistance Impact From inception to current date (1998-Present) over 12,000 "housing opportunities" have been created 57 A-24 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness for workforce, families, seniors and special needs. This Trust remains one of the largest in the nation for affordable housing and first-time homebuyers. • $100 million invested, over $1.8 billion leveraged • 2,422 First-Time Homebuyers assisted • 4,934 Homes Created • 5,710 Unsheltered/Homeless Individuals Assisted. More Information: http://www.housingtrustsv.org/about-us/history/ SONOMA COUNTY: COUNTY FUND FOR HOUSING Background The County Fund for Housing (CFH) is a fund provided by the Sonoma County Community Development Commission available for short and long-term loans to nonprofit and for-profit developers for affordable rental and ownership housing. The funds are only to be used for extremely low, very low, low or moderate income households and are limited to unincorporated areas of Sonoma County. Revenue Sources • In-lieu fees • Transient Occupancy Tax • Loan Processing Fees • R&R Funds • Revolving Loan Interest Allocation • Production and preservation of affordable rental and ownership housing for extremely low to moderate-income households. Impact • Assisted in the creation of 358 new units and preservation of 434 units. More information: http://www.sonoma-county.org/cdc/cdaffhou finance cfh.htm 58 A-25 Appendix A: California Housing Trust Funds at a Glance Prepared for the Sonoma County Community Development Commission Toolbox for Ending Homelessness VENTURA COUNTY: HOUSING TRUST FUND PUBLIC/PRIVATE Background The Ventura County Housing Trust Fund became a 501c3 non-profit corporation in March of 2012, and is funded through a number of sources: local government contributions; State of California Housing Bond Funds approved by the voters; grants from foundations and businesses; and from individual donations and special events such as HOME's annual Ventura County Housing Conference. Revenue Sources • Donations from non-profits, private foundations, businesses and individuals. Allocation • Construction and rehabilitation of affordable housing projects. • Short-term and gap financing loans • Priority to Veterans, homeless, farmworkers, transitional foster children and ELI families. Impact • $1.66 million to six projects and 94 affordable housing units. More information: http://www.vchousingtrustfund.org/ 59 A-26 INSTITUTE FOR ATTACHMENT 4 LOCAL GOVERNMENT FOUNDED 1955 LAND USE AND ENVIRONMENT Establishing a Local Housing Trust Fund A Guide for California Officials A safe, affordable home is the cornerstone of the California dream. Providing a full range of housing choices is one of the most fundamental elements of a vibrant and livable community. Unfortunately, the dream is out of economic reach for far too many families in California. The local housing trust fund is a helpful tool communities can use to make affordable housing a reality for their residents. It provides local officials with a vehicle to coordinate a complex array of state and federal programs to fashion a housing strategy that is tailored to the community's unique needs, conditions, and political culture. The purpose of this guide is to increase the understanding of the role that housing trust funds can play in addressing a community's housing needs. The guide offers local officials information and resources they can use to design or institute a housing trust fund that is best suited to their community's character and circumstances. Because housing trust funds are created, administered, and operated locally, local officials can use them to reinforce a wide range of community goals: • Some programs give people a leg up on the economic ladder by helping them become homeowners and build equity. • Programs can also give people with physical or developmental disabilities the opportunity to live more independently and participate more extensively in community life. • Housing trust funds can help make sure that the people who teach in the classrooms, respond to emergencies, or police the streets aren't priced out of the market and have a chance to live in and be even more a part of the communities they serve. Acknowledgements The Institute for Local Government thanks the Fannie Mae Foundation for its generous support of the Institute's Housing Resource Center and the development of this publication. 60 1400 K Street,Suite 205 • Sacramento,CA 95814 • 916.658.8208 • F 916.444.7535 • www.ca-ilg.org Establishing a Local Housing Trust Fund February 2007 We would also like to thank the Housing Trust Fund Project of the Center for Community Change. Their resources and publications provided invaluable information on local housing trust funds that is reflected in this report. Special thanks to the following individuals for their advice and insights in reviewing this report prior to publication: Chris Block, Executive Director, Charities Housing Development Corporation Hugh Bower, Chief Consultant, California Assembly Committee on Housing and Community Development Taylor Dial, Executive Director, Housing Trust of Santa Clara County Rebecca Elliot, Regional Public Affairs Manager, League of California Cities Beverly Fretz-Brown, former Director of Policy and Planning, Sacramento Housing and Redevelopment Agency Ann Kern, Senior Program Analyst, San Diego Housing Commission Erin Riches, Senior Policy Analyst, California Budget Project Evelyn Stivers, Program Coordinator,Non-Profit Housing Association of Northern California Betsy Strauss, Attorney-at-Law, Special Counsel to the League of California Cities Any errors or omissions are the responsibility of the author and not of the funders or reviewers. Copies of this publication are available on the Institute's website at:www.ca-ilg.org/htf 61 Institute for Local Government 2 Establishing a Local Housing Trust Fund February 2007 Establishing a Local Housing Trust Fund A Guide for California Officials Table of Contents What is a Housing Trust Fund? 4 What Do Housing Trust Funds Do? 6 Benefits of a Housing Trust Fund 8 Getting Started 9 Determining Need Setting Priorities and Identifying Funding Sources Developing the Proposal and Generating Support Selecting the Right Agency to Administer the Trust Fund Designing the Housing Trust Fund Program 13 Who Should the Trust Fund Serve? What Types of Assistance Should the Fund Provide? How Should Funds Be Distributed? Who Should Be Eligible to Receive Funds? What Projects and Programs Should the Fund Support? Can the Housing Trust Fund Support Other Community Goals? Determining Criteria for Trust Fund Support Administering the Program 22 Program Management Advisory Bodies Coordinating Housing Programs Locally 23 Federal Housing Programs State Housing Programs Local Housing Programs Conclusion 25 End Notes & References 26 Selected Online Resources 27 62 Institute for Local Government 3 Establishing a Local Housing Trust Fund February 2007 What is a Housing Trust Fund? Increasingly, local communities are creating housing trust funds as a means to find local solutions to California's affordable housing crisis. But what is a housing trust fund? They are dedicated funds that are held in trust to be used to provide affordable housing. The agencies that administer them can take many forms, such as a local housing department, a multi-city agency, or a private nonprofit organization. Local housing trust funds share three common features: I. They receive ongoing revenues, usually from dedicated sources, and are not dependent exclusively on annual appropriations. 2. Funds are designated to support affordable housing rather than other community needs. 3. Finally, they include sources of funding in addition to those that are otherwise restricted or available to support housing. One of the principal advantages of local housing trust funds is a regular and predictable stream of relatively flexible revenues. Funds can be used to address priority needs or fill gaps not covered by other housing programs with more rigid rules or requirements. Having a dedicated source of revenue that comes in to the trust fund automatically (such as commercial linkage fees or a portion of the transient occupancy or"hotel"tax)means that funds for housing need not compete with other priorities when it comes time to approve the annual budget. These features allow local agencies to plan ahead and make investments with some confidence that the needed funding will be available in future years. Some of the most common forms of dedicated revenues agencies use for local housing trust funds in California include: • Dedicated Housing Fees. Many jurisdictions have established commercial linkage fees or housing impact fees on commercial or residential development projects that generate new jobs. The fees are used to support the development of housing affordable to employees living in or attracted to the community. Condominium conversion fees for converting rental units to ownership are another example. In addition, a large number of jurisdictions have adopted inclusionary housing programs that require new developments meeting certain criteria to provide a percentage of affordable housing as a condition of development. These programs generally allow in-lieu fees to be paid as an alternative to direct construction of the required housing. 63 Institute for Local Government 4 Establishing a Local Housing Trust Fund February 2007 In each case, the funds generated by the fees must be devoted to affordable housing purposes and are usually deposited in a local housing trust fund or similar affordable housing account. • Redevelopment Tax Increment Set-Aside Funds. California law authorizes cities and counties to establish redevelopment areas to combat blight. The redevelopment agency receives the additional property taxes that result from the increased value as the area improves over time—known as the tax increment—to fund redevelopment activities. Redevelopment agencies must set aside a minimum of 20 percent of the tax increment to support the provision of affordable housing.' Some agencies are required to set aside higher percentages. Others may voluntarily contribute tax increment revenues above the minimum to support affordable housing. Typically, a local housing authority or redevelopment agency administers these funds. There are 414 redevelopment agencies in California, which received$6.2 billion in total revenues in the 2002-2003 fiscal year to use for housing and other redevelopment purposes. 2 • Discretionary Local Revenues. In some cases, local jurisdictions contribute directly to the housing trust fund from discretionary local revenues. These can include general fund appropriations or a designated portion of existing local revenue sources, such as a share of the local sales tax or transient occupancy tax. • Grant and Charitable Contribution Funds. Some funds accept grants, charitable contributions, or other non-recurring sources of funding that are dedicated to affordable housing. These can include revenues from capital campaigns organized by private sector organizations or ongoing contributions by major employers. These housing trust funds may be operated by a single jurisdiction, a consortium of several local agencies, or even an independent nonprofit agency. • Loan Repayments and Commercial Development Loans. Often housing trust funds lend money to private or nonprofit developers for affordable housing projects. Loan repayments are then used to create a revolving fund that allows the trust fund to make additional investments. Housing trust funds can also be used to convey bank commercial development loans, such as investments made to receive credits under the Community Reinvestment Act(CRA). (See text box on page 7 for more information on the Community Reinvestment Act.) • State-Funded Local Housing Trust Funds. Previously, local housing trust funds could receive state funding through Proposition 46, the affordable housing bond enacted in 2002.3 However, the state funds from Proposition 46 have been fully subscribed. Proposition 1 C, the state housing bond that was enacted in November 2006, does not include a program to support local housing trust funds. 64 Institute for Local Government 5 Establishing a Local Housing Trust Fund February 2007 What Do Housing Trust Funds Do? There are a wide variety of functions that housing trust funds perform and options for programs they can support, depending on: • The focus and capacity of the agency, • Any restrictions on the source funds, and • The amount of money in the fund. Unlike most state and federal housing programs, local housing trust funds have fewer predetermined conditions restricting their use. Listed below are some of the most typical examples of the uses housing trust funds support and the types of assistance they provide. Provide Direct Financing and Leverage Other Funds. Housing trust fund dollars can be used to make loans or grants to fill the shortfall (or"gap") in financing needed to make projects work. Some trust funds offer funding up front, enabling the project sponsors to seek additional funding from other sources. Others fill in with needed funding when all other sources have been secured. Another option is to provide loan guarantees to other funders. Trust funds sometimes use their resources as a local match to secure other sources of funding, such as state bond funds or housing tax credits. This larger pool of funding is then used by the trust fund to support individual affordable housing projects. Reduce the Cost of Borrowing. Housing trust funds can make low-interest loans to both developers and first-time homebuyers. Low-interest developer financing can help reduce the cost of debt and make the initial financial planning for an affordable housing project"pencil out." In the case of first time homebuyers, small loans can be made for down payment assistance or to cover closing costs. This up-front cash often makes the difference between purchasing a home and renting for many moderate-income families. Build Capacity. Housing trust funds can be used to increase the ability of local nonprofit (or even for-profit) developers to overcome the difficulties of providing housing to the lowest income households. Developers often find it challenging to put projects together that require that they navigate a complex maze of financial assistance, or incorporate services for people with special needs. Many housing trust fund agencies provide advice and assistance to developers engaged in these kinds of projects. In addition, housing trust fund resources are sometimes used to add staff, hire consultants or offset other administrative and program costs for organizations that are working to increase the housing opportunities within the community. Preserve and Maintain Affordable Housing. Some trust funds set aside resources to assist low-income homeowners to maintain and repair their homes to preserve the supply of affordable housing in the community. As affordability covenants for rental housing under the federal Section 8 program expire, trust funds may also step in to help nonprofit 65 Institute for Local Government 6 Establishing a Local Housing Trust Fund February 2007 housing organizations purchase rental properties that go on the market, to keep them affordable over the long term. (See the text box below for more information on Section 8 and other federal housing programs.) Provide Long-Term Rental Assistance and Prevent Foreclosures. Another program that housing trust funds can offer is long-term financial assistance to renters. Through rental assistance programs, the fund provides a financial subsidy to the family renting the unit rather than the developer who built the unit. This can help keep housing affordable in the community and avoid neighborhood gentrification over the long term, even as rents rise. Housing trust funds can also assist low-income homeowners to prevent foreclosure on their mortgages when they have financial difficulties. Partner with Service Providers. Sometimes, the elderly, migrant farm workers, homeless people, single parent families, and other groups have special needs. In a few cases, local trust funds have partnered with social service programs to help address these needs– such as transportation, counseling, substance abuse treatment, in-home medical assistance, or security–thereby addressing underlying issues that contribute to the need for housing. Key Federal Housing and Community Development Programs The Section 8 program provides housing vouchers to assist very low-income families, the elderly, and the disabled to afford housing in the private market. Housing choice vouchers are administered locally by public housing agencies (PHAs.) A housing subsidy is paid to the landlord directly by the PHA on behalf of the participating family. The family then pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. The Community Development Block Grant(CDBG)program provides federal grants directly to larger urban cities and counties for activities that benefit low- and moderate-income individuals, eliminate blight, or address a serious and immediate threat to public health and welfare. States distribute CDBG funds to smaller cities and towns. Grant amounts are determined by a formula based upon need. The HOME Investment Partnerships (HOME)program provides formula grants to States and localities that communities use—often in partnership with local nonprofit groups—to fund a wide range of activities that build, buy, and/or rehabilitate affordable housing for rent or homeownership or provide direct rental assistance to low-income people.4 66 Institute for Local Government 7 Establishing a Local Housing Trust Fund February 2007 Benefits of a Housing Trust Fund The power of a housing trust fund resides in the ongoing investments that local agencies can make to address the affordable housing problem in their community,the ability to leverage other funds for housing,its flexibility, and the boost it can ive to the local economy • Consistency: A dedicated revenue stream creates a regular(but possibly fluctuating) source of funds to invest in housing that is not put at risk during the budget process. Some trust funds pull from multiple sources, which can yield more money, diversify cash flows, and better spread costs among different sectors of the community. • Leverage: Housing trust funds can be used to attractor leverage additional private and public money to affordable housing projects. The to Center for Community Change estimates that local housing trust funds leverage as much as $7.50 from private, nonprofit, and other governmental sources to support housing development for every$1 spent from the trust fund.5 • Flexibility: Flexibility allows local agencies to focus their housing trust fund to meet the highest priority local needs, whether it is transitional housing for the homeless, homeownership opportunities for residents with moderate Incomes, or permanent housing for very low-income families. • Economic Multiplier: Housing trust funds can have a significant impact on the local economy. For example, Sacramento's Housing Trust Fund generates $10 in additional economic activity for every $1 spent by the fund. A dollar spent by the housing trust fund to develop affordable housing is estimated to generate $7 in construction-related expenditures, including $4 in wages and $1 in fees for Sacramento County. In addition, each project returns an average of $227,000 to the economy each year in taxes.6 67 Institute for Local Government 8 Establishing a Local Housing Trust Fund February 2007 Getting Started The effort to establish a housing trust fund usually begins by answering three key questions: 1. Is there a need(and the will)to address a shortage of affordable housing? 2. Is there a source of funding that can be dedicated to that purpose? 3. Is there an appropriate local agency capable of initiating and administering the housing trust fund? Establishing the need for affordable housing and the appropriate local agency takes research and discussion, while determining the best funding sources is typically a difficult fiscal and political question. Listed below are some of the key research steps involved in assessing whether and how to establish a local housing trust fund.' Determining Need Quantifying the housing need for various Inadequate wages, high livingcosts, and the shortfall of income categories is an essential starting point. affordable housing have made it Most cities and counties do this as part of the regular update of the Housing Element of their very difficult for low-income, general plan, using their share of the regional working and middle-class housing need as determined by the regional families to purchase homes or planning agency. The number developed will find quality rentals at a price they help determine the adequacy of specific funding can afford. This is particularly sources and how persuasive the case is for the case in California,which establishing the trust fund. according to the National Low Income Housing Coalition, ranks Being specific about the unmet need for housing as the least affordable state in the is also important to help provide an adequate nation in terms of the cost of housing.$ legal foundation for any fees or other requirements that may be imposed in conjunction with the program. One way to start is to estimate the number of housing units required to serve the unmet needs of the target population and determine the per-unit cost of additional financial support needed to provide them. The result is often shocking. For example, a large community may need 2,000 units of affordable housing with a gap of$50,000 each between what the target populations can afford and what it costs to provide the housing. The total unmet need would therefore be $100,000,000. Because of a trust fund's power to leverage other funds, however, this figure can often be divided by a factor of five to ten, depending on the availability of other funds. 68 Institute for Local Government 9 Establishing a Local Housing Trust Fund February 2007 An alternative approach is to estimate how much money local housing providers need to fund the projects they have the capacity to complete. A third useful figure can be derived from the funding applications received by other programs, such as the federal HOME Investment Partnership program(HOME) or the Community Development Block Grant (CDBG)program. A good estimate of need will be what was not funded through these programs. (See text box on page 7 for more information on these federal programs.) Setting Priorities and Identifying Funding Sources A housing trust fund will not solve the entire problem. Set a realistic annual revenue goal based on local priorities. The initial objective is to develop a reasonable (as opposed to precise) figure upon which to build a housing trust fund program. In most instances, the housing needs will far exceed the revenues that are likely to be generated. But the figure developed for the annual revenue goal does provide a baseline for setting priorities for the use of limited funds. Develop search guidelines and criteria for selecting funding sources. The criteria might include examining sources that are related to activities (like new development or employment growth)that create the need for additional affordable housing, sources that can generate significant amounts of new funding, funds that can be efficiently collected, or funding sources that do not unfairly burden a specific sector or group. Develop a possibilities list. Brainstorm, study other programs, and list new ideas for funding sources. (Information on other programs and potential revenue sources is included in the resources section on page 28.) Some of the best possibilities will need more study as the process progresses. Try to find new or increased revenue sources rather than seeking revenue from an agency or fund already accustomed to receiving that revenue. Consider alternatives for a given revenue source. For example, instead of increasing a tax, dedicate the amount of revenue in excess of what was collected in a base year to the trust fund, leaving the base amount intact for the original purpose. Once you've brainstormed, identify the best possibilities. Complete the research on the most probable sources by determining how well they fit the fiscal and political situation in your community. 69 Institute for Local Government 10 Establishing a Local Housing Trust Fund February 2007 Evaluating Potential Revenue Sources Amount needed. What is the funding target initially and on an ongoing basis? Will the total revenue that can be realistically generated achieve the program goals? If the goal is to generate$5 million per year and the source will only produce $1.5 million, there is more work to do. Is a new tax or fee required? Although local funding sources in California are constrained by a complex web of state laws and constitutional provisions,housing trust funds have often been successfully funded through an entirely new tax or fee,particularly real-estate related sources such as commercial development linkage fees or in-lieu fees from inclusionary housing programs. Reliability. How stable are the revenue streams? How reliable are they?Fees based on development will often fluctuate from year to year based on the pace of construction. Federal programs have been cut back significantly in recent years. Grants and loans from state housing programs such as Proposition 46 can run out before new funding is secured through additional bonds or appropriations. Who collects the revenue and what requirements apply? Is it collected at the local level, but allocated according to state law, as property taxes are in California? Are there options for increasing the tax or fee at the local level? Is there a cap on how much this tax or fee can be increased? What is required to increase the tax or fee? Does an increase require a majority or super-majority vote of elected officials? Does it require a vote by the public or property owners? Is it subject to the protest provisions under Proposition 218? Must it be approved at the state level? These discussions should involve the agency's legal counsel. Where do the revenues from this source go now? Are they committed to a specific purpose? Do they go to the general fund? Pre-committed funds are usually more difficult to secure. It is sometimes wiser to seek an uncommitted source of revenue—either by increasing an existing source or by identifying funds that are not currently dedicated elsewhere. For example, some California communities set aside more than the required 20 percent of their redevelopment tax increment revenues for affordable housing,directing the additional revenues to a local housing trust fund. Fairness. Who will pay the tax or fee? Is the revenue source progressive or regressive? In California, many trust fund revenue sources derive from the process of developing real estate and are passed on to developers,property tax payers or homebuyers. Only those individuals who purchase particular goods or services pay some charges, such as transient occupancy taxes. Others, such as state or local general obligation bonds, are paid by the taxpayers-at- large. Adoption process. How much staff time and other resources will be needed to develop and secure approval of the funding mechanism? What are the steps necessary to adopt the mechanism? Measures that require voter-approval are more challenging and may be harder to implement. Keep in mind as well that public resources may not be used for voter advocacy. 70 Institute for Local Government 11 Establishing a Local Housing Trust Fund February 2007 Developing the Proposal and Generating Support One approach is to retain a consultant to engage in the analysis of options and develop the proposal to create a housing trust fund. This can be helpful to provide a comprehensive set of potential revenue sources that other housing trust funds use, an analysis of legal and political hurdles, and the steps necessary to establish and provide revenues to a housing trust fund. Another approach is to create a representative task force that includes people knowledgeable about development, affordable housing needs, public agency budgets, and housing finance. The group can then determine the need, scope and funding possibilities for the housing trust fund. A combined approach is also a possibility. A representative task force can be established to work in tandem with a consultant. A process that features a task force or group of stakeholders is also useful in dealing with what may be the ultimate hurdle: community skepticism. Broad political support is usually essential in order for a community to create a housing trust fund. Community groups and task forces help generate political support and are often viewed by the general public as "non-political." If a task force that includes a cross-section of the community puts its weight(and connections)behind a specific proposal, there is a greater likelihood the broader community will support it as well. When important stakeholders are left out of the process, the prospects for success diminish. Selecting the Right Agency to Administer the Trust Fund The vast majority of housing trust funds are managed directly by the local city or county creating the trust. The fund is typically housed in the local agency or department with the most experience operating other housing programs. Examples include offices that administer federal programs such as the HOME Investments Partnership program or the Community Development Block Grant (CDBG)program, each of which provides block grants to states and localities. Other options include a separate public body such as a housing authority or redevelopment agency. This model often includes an oversight body. When private funds are a primary source of funding, a nongovernmental nonprofit organization with an independent board of directors may administer the housing trust fund, rather than a city or county agency. Often there is little choice as to who will administer the fund because of established policies and practices within the local jurisdiction. But if your situation allows for choice,your best option might be an agency that: 71 Institute for Local Government 12 Establishing a Local Housing Trust Fund February 2007 • Has experience operating a program that grants or lends funds to housing developers. • Has worked with and respects nonprofit development organizations and other housing organizations in your community. • Understands and is committed to providing housing for your target population. • Can entertain and support innovative ways to provide decent, affordable housing. • Can work well with all the partners and industries involved in housing, including the federal Department of Housing and Urban Development, other agencies, financial institutions, and developers. • Is committed to addressing urgent housing needs and demonstrates a willingness and ability to search for solutions.9 Designing the Housing Trust Fund Program A number of key issues must be addressed in designing a specific housing trust fund program. io Who Should the Trust Fund Serve? First, what target population will the trust fund aim to serve with its programs? The answer to this question will flow from the housing needs assessment done earlier, how well the housing needs of various groups are currently being met by other funding sources, the social and political climate of community opinion regarding the most pressing needs, and any potential restrictions or conditions related to the revenue sources selected for the trust fund. For example, a housing trust fund could focus on serving homeless and very low-income people who find it most difficult to find housing. Or it might concentrate on providing affordable housing for moderate income workers—often called"workforce housing"—to boost the economic competitiveness of the community in attracting employers and a skilled labor pool. It could also be geared to provide more affordable housing in particular neighborhoods. For instance, some housing trust funds are used to complement the investment of redevelopment funds to revitalize"blighted"neighborhoods. Others may promote a broader distribution of affordable housing throughout the community in order to advance greater social and economic integration. Housing trust funds are also sometimes used to increase the supply of affordable housing downtown, as part of efforts to bring new life to older central business districts. 72 Institute for Local Government 13 Establishing a Local Housing Trust Fund February 2007 The trust fund could also be designed to meet the special needs of particular populations. Senior housing is a common focus. Some housing trust funds help young families become first-time homebuyers. Other special-needs populations that housing trust funds have worked to serve include providing housing and support services for developmentally disabled adults, transitional housing for victims of domestic violence, and farmworker housing in agricultural communities. If the housing trust fund is designed to serve special-needs populations, housing-related services such as day care, counseling, transportation, educational or recreational activities, or medical care may be needed. In areas lacking strong nonprofit partners, the housing trust may want to offer programs to build the capacity of the nonprofit sector through predevelopment funding, technical assistance in preparing applications, training for nonprofit providers, organizational support, and other assistance. 73 Institute for Local Government 14 Establishing a Local Housing Trust Fund February 2007 Questions to Consider in Designing a Housing Trust Fund • What needs are most critical or are not being met by other programs? For example, the trust fund may be geared to serve extremely low-income households, the elderly, migrant farm workers, families transitioning from welfare to work, the homeless, or special needs populations. Providing housing for people with very low incomes requires one kind of assistance. Enabling moderate-income households to purchase their first home often requires something else. Serving the homeless or special populations may involve providing a range of services along with housing, which often involves coordinating services with other public and nonprofit agencies. • What other objectives are worth supporting? In addition to increasing or preserving the supply of affordable housing, many jurisdictions use their trust funds to achieve additional community goals. For example, trust funds can support mixed-income projects to increase social and economic integration, mixed-use projects to bring homes, shopping, and workplaces closer together, homeownership to stabilize neighborhoods and help residents build financial assets, or rehabilitation of existing units to improve living standards and decrease blight and neighborhood disinvestment. • How much revenue will be generated to support the fund? Modest revenues may be used to provide "shallow" subsidies that dedicate a small amount of funding to individual projects. They can also support technical assistance, nonprofit capacity building, small grants, short-term loans, or activities where funds are heavily leveraged with other funding sources. More extensive revenues can support more ambitious programs, such as financing to bridge funding gaps,rental housing assistance, and support services. • What other unique circumstances exist? For example, are there a number of vacant homes that could be acquired and rehabilitated? Could agency-owned property accommodate new housing development? In some rural areas, infrastructure needs might need to be addressed before any housing production can occur. Other examples of specific circumstances that could affect the design of the program include a supply of federally-assisted units with expiring use restrictions, financial institutions seeking ways to use Community Reinvestment Act(CRA) obligations, or the need to secure matching funds to take advantage of state or federal programs. Adapted from Workbookfor Creating a Housing Trust Fund,Center for Community Change 74 Institute for Local Government 15 Establishing a Local Housing Trust Fund February 2007 What Types of Assistance Should the Fund Provide? Another issue in designing a housing trust fund is deciding what types of financial assistance to offer. Pages six and seven describe the wide variety of forms of financial assistance a housing trust fund can provide. Most housing trust funds use their funds to fill the final gap in financing, encouraging applicants to first take full advantage of other funding sources and thereby maximize the trust fund's financial leverage. Some housing trust funds offer up-front financing to jump-start projects, making it easier for beneficiaries to attract other funding. The form of assistance varies widely, and can include outright grants, lines of credit, loans provided at favorable terms that are used to replenish a revolving fund as they are paid back, or loans that need not be paid back or can be converted into grants if specific conditions are met. How Should Funds Be Distributed? The process for awarding and distributing funds can also vary. Many housing trust funds award funds to specific projects through competitive applications, based on adopted criteria for evaluating applications. Another approach is to support projects administered by other housing programs, such as a jurisdiction's local housing agency, rather than establish a separate set of award criteria for the housing trust fund. Who Should Be Eligible to Receive Funds? A fourth program design issue is determining eligibility for receiving funds from the housing trust fund. Programs that serve first-time homebuyers or that offer rental assistance may provide services directly to individuals, but it is more common for them to work through intermediary organizations. The types of organizations eligible for funding depend upon the target population being served and the kinds of programs the housing trust fund agency administers. Examples of eligible organizations could include nonprofit developers, for-profit developers, other public agencies (such as redevelopment agencies or housing authorities), and organizations that provide services to special needs populations such as the homeless or mentally ill. In determining eligibility, it is important to assess the capacity of the recipients. Some areas may have a number of well-run, sophisticated nonprofit housing developers or community development corporations that can put trust funds to use quickly and effectively. Other areas may lack capable and experienced community-based institutions. Under such circumstances, the trust fund will either have to find other partners, or spend resources building the capacity of these organizations. 75 Institute for Local Government 16 Establishing a Local Housing Trust Fund February 2007 Housing Trust Funds Serve a Variety of Populations City of Sacramento Housing for low-wage workers: In 1989, Sacramento created a housing trust fund financed by a linkage fee on non-residential development. The fee applies to offices, business parks hotels,warehouses, and shopping centers that attract new very low- and low-income employees to the city. A jobs/housing nexus study was conducted to determine the amount of the fee for each category of commercial development. Fee revenues can only be used to construct or rehabilitate housing"likely to be occupied be persons in the labor force." Housing Trust of Santa Clara County The Housing Trust of Santa Clara County is a nonprofit organization funded primarily by private sector donations from Silicon Valley businesses concerned about the lack of affordable housing for skilled workers. It also receives contributions from the local jurisdictions. Moderate-income new homebuyers: The Trust provides zero-interest loans of up to $6500 for qualifying buyers who earn up to 120 percent of the median income in the county. The loan's purpose is to cover closing costs for home purchases. Low-,very low- and extremely low-income: The Trust also provides low interest loans to nonprofit developers of housing dedicated to the low- (and below)income population. The program's purpose is to bridge financing gaps and provide cash flow to developers in order to acquire land, fund predevelopment costs or to provide long- term financing for the construction of affordable multifamily housing. City of San Diego Housing Trust Fund Housing for the homeless and very-low income: The City of San Diego's housing trust fund has explicit targets for using its funds. The trust sets aside a minimum of 60 percent of its funds to provide housing for households with incomes at or below 50 percent of the area median and at least 10 percent to provide transitional housing for homeless families and individuals. No more than one-fifth of the funds can be used to provide housing to households with incomes between 50 and 80 percent of the median, and no more than 10 percent can be used to assist median-income first-time homebuyers. The trust fund receives dedicated ongoing revenues from a city housing impact fee levied on new commercial development. Napa County Affordable Housing Trust Fund Housing for farmworkers: Napa County, famous for its high-value grapes and wineries,has established a housing trust fund that receives revenues from fees on residential and commercial development, as well as contributions from growers. The county has partnered with the cities in Napa County to create the Napa Valley Housing Authority, a joint powers agency. Funds from the cities, the county, and growers help the authority provide seasonal housing for more than 300 agricultural workers annually and the authority is constructing a new farmworker housing facility that will serve an additional 60 individuals. 76 Institute for Local Government 17 Establishing a Local Housing Trust Fund February 2007 Similarly,not all for-profit developers have equal levels of expertise, experience or patience. It is difficult and time-consuming to navigate the processes involved in planning, siting, financing, constructing, and selling(or renting)affordable housing projects. What Projects and Programs Should the Fund Support? Another essential task is deciding what kinds of projects and programs the fund should support. Again, this will depend on the assessment of housing needs, the revenue sources available to the fund, and the capacity of organizations and developers in the community to use trust fund resources. Programs can be selected to address the particular circumstances facing the community. For example, in rapidly developing communities,the trust fund could support programs to ensure that a portion of the new housing constructed is affordable to the target populations served by the fund. Alternatively, in established communities undergoing demographic change or gentrification, programs may focus on helping existing residents. Options include rental assistance, homeownership programs, help with property maintenance and rehabilitation, or acquiring properties in the neighborhood in order to maintain a supply of affordable housing. Typical Uses for Housing Trust Funds • Permanent affordable rental housing, including supportive housing'for populations with special needs • Residential mixed-use developments • Adaptive reuse of historic schools, warehouses,and other structures into housing or mixed-use developments Acquisition of land to provide local sites • Rehabilitation of existing affordable homes and apartment • Transitional or emergency housing and homeless shelters • Preservation of assisted housing (such as purchase of apartments when Section 8 contracts expire) °" • Rental assistance for lower income residents n'' • Foreclosure prevention and rehabilitation loans or grants for owner-occupants • Home weatherization and emergency repairs • Homeownership assistance, including down payments, closing costs and mortgage assistance • New homebuyer counseling and education • Transportation, in-home care, and other social services for people with special needs 77 Institute for Local Government 18 Establishing a Local Housing Trust Fund February 2007 Can the Housing Trust Fund Support Other Community Goals? Housing trust funds can be effective tools to pursue community objectives in addition to providing affordable housing. For example, housing trust funds have been used to assist the development of mixed-use residential projects in town centers. This has helped communities revitalize their downtowns. Housing trust funds have also supported the development of new housing on vacant parcels in older neighborhoods. This can bring new life and vitality to these communities while helping to reverse the cycle of neighborhood disinvestment and decline. In some communities, "brownfield" sites (commercial or industrial properties contaminated with toxic pollutants)have been cleaned up and put back into use with the help of housing trust funds. This not only provides needed housing and helps to revitalize neighborhoods; it also improves the environment and reduces the risk to public health. Housing trust funds are being used to support the development of"transit villages,"new or redeveloped neighborhoods served by new transit lines. Concentrating new residents and businesses near transit increases the number of riders and makes more efficient use of transportation and other public investments, while reducing traffic and air pollution. Housing trust funds often invest in affordable housing in neighborhoods or subdivisions that would otherwise only be affordable to those with higher incomes. This helps integrate communities socially and economically. Housing trust funds also help people make the leap from renter to homeowner,thereby fostering economic opportunity and building greater personal and community wealth. Determining Criteria for Trust Fund Support A final issue in designing a housing trust fund is to determine the funding criteria to use in evaluating applications and providing financial support. The ordinance establishing the trust fund should provide clear direction for fund operations, including funding priorities and the basic requirements all projects must meet, such as 1) income targeting, 2) federal and state laws, 3) inclusion of supportive services, or 4) long-term affordability. Additional program documents—like administrative policies, program guidelines, and requests for proposals—are usually developed by staff to guide day-to-day operations. According to the Housing Trust Fund Project of the Center for Community Change, trust funds use a number of approaches to maximize the likelihood of meeting program requirements and community objectives. Here are five common approaches, ranging from least to most restrictive." 78 Institute for Local Government 19 Establishing a Local Housing Trust Fund February 2007 1. Funding Requirements. The conditions every applicant must meet in order to receive funding are usually spelled out in the program and application materials. Requirements are typically related to the housing trust fund's objectives and generally include all the local, state and federal laws and regulations that must be met. 2. Competitive Evaluation Criteria. Housing trust funds typically outline for applicants the evaluation process they will use. Some housing trust funds give points for each criterion and rank each application by the extent to which it meets these criteria. The scores of applications are then compared, and the highest scoring applications are funded. Other trust funds simply list their criteria for evaluating applications and leave it to project proponents to demonstrate that their proposal meets as many criteria as possible. 3. Funding Preferences. Some trust funds outline funding preferences, which are less restrictive than priorities. Projects that meet the funding preferences are generally considered more favorably than other projects, but are not guaranteed funding. 4. Priorities. Many trust funds place a higher priority on some types of projects than others. These projects must still meet all funding requirements but are more likely to be funded than projects that aren't geared to a specific priority. Examples of priority projects are those that leverage other public and private funds, serve the lowest income households, or keep housing affordable over the long term. 5. Set-asides. Nationally, approximately one of every three housing trust funds sets a certain proportion of its funds aside in a separate "pot"to ensure that priority needs will be met. This way, these projects are not forced to compete with other types of projects. Low- and very low-income households are the most frequent beneficiaries of set-asides, followed by nonprofit applicants. Other set-aside beneficiaries may include first-time homebuyers, homeless people, special needs populations, designated neighborhoods, and capacity-building efforts. Usually, if funds in a set-aside account are not used within a certain time period, they are made available for use in other housing trust fund programs. In designing a program for a specific community, the best approach will depend on the appropriate balance between a program that is flexible and one that serves priority needs. How much flexibility should the trust fund have in making investments? If maximum flexibility is a priority, set-asides or restrictive requirements may not be appropriate. Are there particular housing needs that are consistently overlooked or not addressed by existing programs? In that case, reserving a set amount of funds to address these needs or making these needs a priority may be the most effective way to use the trust fund. 79 Institute for Local Government 20 Establishing a Local Housing Trust Fund February 2007 Three Agencies, Three Different Program Designs City of San Jose Housing Trust Fund San Jose's housing trust fund is administered by the city's Department of Housing, which also runs the city's redevelopment and other housing programs. Because of the department's ability to coordinate with other programs, the housing trust fund can focus on program needs that would otherwise go unmet. In addition to supporting the production of housing, one-time direct services that are eligible for funding include: '. •' General homeless assistance'to individuals, inclu ing motel room tees an° transportation costs; • Support to homeless shelter operators for capital expenses; • Administration of jobs programs for homeless individuals; and • Assistance to homelessness prevention programs such as default and foreclosure assistance, housing counseling, andrent payments;to prevent eviction. City of Santa Cruz Affordable Housing Trust Fund 10000000100 The city's housing trust fund is authorized to make grants, loan guarantees, or letters of credit to a wide variety of projects: • Creation of new affordable units • Preservation of existing affordable housing units. • Rehabilitation of multifamily apartments • Conversion of market-rate units to affordable units • Construction of accessory units _ • Acquisition and rehabilitation for limited equity housing cooperatives • First-time homebuyer loans • Predevelopment loans and grants to developers '`: Menlo Park Below-Market Rate(BMR)Mousing Fund The BMR Fund is designed to assist residents who earn up to 120 percent of median area income. The fund can invest in several types of projects: • Below-market rate financing for homebuyers • Purchase of land or air rights to make available for development • Reduced rate financing for construction or purchase of affordable housing' • Rehabilitation of substandard or uninhabitable structures • On-site and off-site improvements for affordable housing projects ''` • Rent subsidies for households with limited incomes 80 Institute for Local Government 21 Establishing a Local Housing Trust Fund February 2007 Administering the Program Program Management The organizations charged with administering the housing trust fund should be clearly specified in the ordinance or resolution creating the fund. This should also be specified in any administrative guidelines adopted once the housing trust fund is established. Most jurisdictions choose to retain maximum control over their housing trust funds. Some may, however, cede a degree of control if additional funds can be secured by partnering with other organizations. Administration also involves holding, investing and managing the fund account itself. One of the first issues to consider is how the administrative costs will be paid. Typically, a percentage of the fees collected are used to pay for the administration of the fund. This percentage is often capped(say at 10 percent)to maximize the funds available for housing. In addition to dedicated revenues, other potential sources of administrative funding include other public agency programs, interest earned by the fund, or fees charged for applications and other services provided by the trust fund. To provide a framework for expenditures and ensure that priority investments are pursued, some housing trust funds develop a long-term capital plan. A capital plan assists in making program decisions based on projected revenues and sources of leveraged financing. A capital plan typically provides three-to five-year projections (revised annually)based on estimated revenues,program costs, and the number of households to be assisted. Housing trust funds also typically develop asset management systems to ensure that developers and homebuyers meet their obligations under the housing programs administered by the trust. Procedures should guard against the loss of funds through defaults and assure that the trust fund's regulatory requirements are met. For example, trust funds can put safeguards in place to assure that developers are renting their units at affordable rates, that eligible households are occupying the units, or that resale restrictions are managed properly.12 Advisory Bodies Some housing trust funds have an advisory body other than, or in addition to, the jurisdiction's elected officials. These boards can provide the housing trust fund with a broad range of expertise and provide a way to maintain a connection with the community and its needs. 81 Institute for Local Government 22 Establishing a Local Housing Trust Fund February 2007 Virtually all advisory bodies have some responsibility for developing or advising on the policies that govern the fund. In some cases the advisory bodies help recommend applicants for funding. Advisory bodies can also help buffer the housing trust fund process from politics when controversial decisions—such as siting higher-density multifamily projects in established neighborhoods—are made. Representation on advisory bodies varies greatly. Some are interagency coordinating bodies with staff from different agencies. Others seek a broad membership of housing advocates, low-income individuals, service providers, bankers, realtors, apartment owners, developers and others. Most advisory bodies look for members who have experience with low-income housing. Coordinating Housing Programs Locally Many jurisdictions have found that their housing trust fund provides an opportunity to coordinate their housing activities in new ways. It can also help maximize the likelihood that resources are deployed where they are most needed and can do the most good. Coordination encourages long-range planning and evaluation; it can also contribute to a system that is more accessible and efficient. Some of the key programs that could be coordinated with local housing trust fund activities are outlined below. Federal Housing Programs There are three categories of major federal housing programs, including: 1. Grants and aid to local agencies, 2. Direct assistance to individual renters and homeowners, and 3. Subsidies to housing developers. Local grant and aid programs include Community Development Block Grants, the HOME Investment Partnerships Program, and Homeless Assistance Grants. The federal government also helps support public housing agencies, including more than 100 in California.13 Individual assistance includes the Section 8 certificate and voucher program, Federal Housing Administration(FHA)mortgage insurance to enhance the credit worthiness of homebuyers, and Veterans Administration loan guarantees to encourage lenders to make mortgages to qualifying veterans. Subsidies for private and nonprofit housing development include the Low-Income Tax Credit and the FHA Multifamily Program. (For more information on federal housing programs see www.hud.gov.) 82 Institute for Local Government 23 Establishing a Local Housing Trust Fund February 2007 State Housing Programs The State of California operates a number of affordable housing programs that are designed to promote homeownership, increase the housing supply, preserve affordable housing, and help people with special needs. Most of the state programs are administered by one of five state agencies: • The Department of Housing and Community Development, • The California Housing Finance Agency, • The Department of Veteran Affairs (Cal-Vet Home Loan Program), • The California Debt Limit Allocation Committee, and • The California Tax Credit Allocation Committee. Sources of state funding include the Proposition 46 and Proposition 1C general obligation housing bonds, a veterans state bond fund, tax-exempt mortgage revenue bonds and credit certificates, mortgage insurance premiums, revolving loan funds initially capitalized through the state general fund, allocation of state and federal tax credits, and funds for federal programs administered by the state.14 (More information on state housing programs is available at www.ca-ilg.org/hrc.) Local Housing Programs New forms of coordination There are also opportunities to coordinate housing include synchronizing trust fund activities with other local housing-related application processes among activities. Housing construction occurs in local programs and allowing communities based on local plans. Many state and applicants to apply for federal housing programs are implemented by local multiple sources of funding agencies. Some of the most important local programs with a single application. are described below. This kind of coordination is easiest where the jurisdiction Local public housing authorities administer public is responsible for several housing programs that receive federal support. There sources of funding, such as are more than 100 public housing authorities in Community Development California that manage thousands of affordable Block Grant funds and housing units. These agencies provide subsidized HOME funds, in addition to housing directly to qualifying individuals and the housing trust fund. families in their communities. Local planning and zoning is another important means for local agencies to address the need for affordable housing. Each city and county must adopt a general plan that includes a housing element as one of seven mandatory elements. Through the housing 83 Institute for Local Government 24 Establishing a Local Housing Trust Fund February 2007 element, each city and county assesses its need for housing for residents of all income levels, based on its "fair share" of the regional housing need as determined by the regional planning agency. The housing element must identify areas appropriate for housing and policies to encourage development of an adequate housing supply to meet the need. State law requires local zoning to be consistent with the general plan. The housing element must be updated by the local jurisdiction every five years and reviewed by the state Department of Housing and Community Development for compliance with statutory requirements.15 Finally, a far-reaching form of local coordination occurs when the activities of the housing trust fund are integrated with broader community planning and development goals. For example, many communities in California are promoting transit-oriented development near transit stations. These projects typically involve several agencies, including the local city or county with land use authority, the transit agency that will construct and operate the transit service, and the regional agency that provides transit funding, as well as private developers. Housing trust funds can partner with these agencies to include affordable housing in the new development, which may also include market-rate housing, public facilities, and commercial uses. Conclusion Communities throughout California have found that a housing trust fund can be a powerful instrument to meet the needs of their residents for affordable housing. By offering a regular, dedicated source of funding, they expand the housing choices and opportunities available to local residents. Housing trust funds are locally designed and operated, so they can respond to local circumstances and address the most critical unmet needs of the community. They provide flexible funding that can fill gaps or work to complement less flexible state or federal housing programs. They offer communities ways to coordinate a variety of housing programs at the local level, enhancing their overall effectiveness. But housing trust funds can do more than simply expand the supply of affordable housing. By making strategic investments, housing trust funds have been used to reinforce other community goals in addition to making housing more affordable. In short, housing trust funds have proven to be a valuable and effective tool which local officials can tailor to their particular circumstances to meet the diverse housing needs of their residents and improve their communities. 84 Institute for Local Government 25 Establishing a Local Housing Trust Fund February 2007 End Notes and References 1 These funds are authorized by state legislation;see Cal.Health&Safety Code§ 33334.2(a). 2 See A Primer on California's Housing Programs,California Budget Project,revised July 1,2005. 3 See Cal.Health&Safety Code§ 50843(d). 4 See Department of Housing and Urban Development,www.hud.us.gov. 5 See A Workbookfor Creating a Housing Trust Fund,Center for Community Change, 1999. 6 See Footnote 35,Home Sweet Home: Why America Needs a Housing Trust,Center for Community Change(2001),page 17. An expanded discussion of the research steps appears in A Workbook for Creating a Housing Trust Fund, Center for Community Change, 1999. s Referenced in PolicyLink,Expanding Opportunity:New Resources to Meet California's Housing Needs, Winter 2005,page 8. 9 See A Workbook for Creating a Housing Trust Fund. 10 See A Workbook for Creating a Housing Trust Fund for a more detailed discussion of the steps involved in designing and administering a housing trust fund. 11 Ibid. 12 See Marshall&Kautz,Ensuring Continued Affordability in Homeownership Programs,Institute for Local Government,May 2006. " See A Workbook for Creating a Housing Trust Fund. 14 See A Primer on California's Housing Programs. 1s See Cal.Gov't Code§§ 65580 et seq. 85 Institute for Local Government 26 Establishing a Local Housing Trust Fund February 2007 Selected Online Resources Brookings Institution Metropolitan Policy Program www.brook'mgs.edu/metro California Department of Housing and Community Development www.hcd.ca.gov Corporation for Supportive Housing www.csh.org Fannie Mae www.fanniemae.com Fannie Mae Foundation www.fanniemaefoundation.org Housing California www.housingca.org Housing Trust Fund Project,Center for Community Change www.communitychange.org/issues/hous'mg/trustfundproj'cct Institute for Local Government Housing Resource Center www.ca-ilg.org/hrc KnowledgePlex www.knowledgeplex.org Local Government Commission www.lgc.org Local Initiatives Support Corporation(LISC) www.lisc.org Non-Profit Housing Association of Northern California(NPH) www.nonprofithousing.org PolicyLink www.policylink.org Urban Institute www.urban.org/housing Urban Land Institute www.uli.org U.S.Department of Housing and Urban Development(HUD) www.hud.gov 86 Institute for Local Government 27 Agenda Item No.: 13c MEETING DATEITIME: 10/18/2017 000 PEAK ITEM NO: COU-182-2017 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: Report from Staff Regarding the Passage of new Housing Bills by the State Legislature. DEPARTMENT: Community De\,elopment PREPARED BY: Craig Schlatter ATTACHMENTS: Attachment 1- Housing Bills Analysis Summary: The City Council will receive a report from Staff regarding the recent passage of fifteen (15) housing bills by the State Legislature. Background: On September 29, 2017, the Governor signed into law fifteen housing bills. Staff has analyzed each of these bills and provided a summary (see Attachment 1 - Housing Bills Analysis). Discussion: Staff will give a brief presentation on the anticipated impact of these bills and what they mean for the City of Ukiah. RECOMMENDED ACTION: Receive reportfrom Staff. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Darcy Vaughn, Assistant City Attorney Approved: —§Ke Sangi omo, City Manager ATTACHMENT 1 (ASCity of Ukiah Community Development Department Analysis of Housing Bills Signed into Law September 29, 2017 General Overview of Housing Bills • 15 bills total • In general, a mixture of funding and regulatory relief for affordable housing that imposes additional Community Development responsibilities • Legislature stayed mostly away from CEQA regulatory relief 1. SB 2 —the Building Homes and Jobs Act • Assistance for emergency housing, multi-family housing, farmworker, and homeownership for very low and low income households; down payment assistance for first time homebuyers • Imposes at least a $75 fee (not to exceed $225) at close of escrow/recording of sale of single parcel of real property; fees collected by County Recorder and revenues are sent to State Controller for funding assistance through the Act • For funding assistance provided between 1/1/18 and 12/31/18 0 50% of funds made to local governments for specified purposes; 0 50% to HCD to assist persons experiencing or at risk of homelessness • For funding assistance after 1/1/19: 0 70% to local governments with specified formula 0 30% to CaIHFA for creating mixed income multi-family housing for low- and moderate-income households 2. SB 3 —the Veterans and Affordable Housing Bond Act of 2018 • Authorizes State issuance of bonds in amount of$4 billion- proceeds used as follows: o $3 billion- financing various existing housing programs- for example: ■ $1.5 billion- Housing Rehab Loan Fund- Multi-family Housing Program ■ $150 million- Transit-Oriented Development Implementation Fund ■ $300 million- Infill Incentive Grant program- infrastructure infill support ■ $300 million each- Joe Serna, Jr. Farmworker and Self-Help fund o $1 billion- farm, home, and mobile home purchases for veterans 3. SB 35 — Planning and zoning- affordable housing- streamlined approval process • Authorizes streamlined, ministerial approval process for multifamily housing development applications- not subject to conditional use permit. A ministerial approval is one that eliminates public input and requirements related to CEQA. • After adoption of all or part of General Plan, requires planning agency of local government to: 2 1 o Prepare annual report to legislative body, the Office of Planning and Research, and the Department of Housing and Community Development (HCD); the report must meet certain requirements and standards put in place by HCD related to housing construction o Complete housing element portion of annual report through the use of standards, forms, and definitions adopted by HCD • Limits local government's ability to impose parking standards or other requirements on streamlined development until 1/1/26 • Outlines judicial process for any city or county failing to meet Housing Element goals 4. SB 166- residential density and affordability • Additional requirements around Housing Element-jurisdiction cannot allow development approvals that do not meet needs identified in Element • Expands definition of lower residential density if jurisdiction has not adopted housing element for current planning period or housing element is not in substantial compliance 5. SB 167- Housing Accountability Act (HAA) • HAA originally passed in 1982- "the Legislature's intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled." • SB 167 and AB 678 make HAA easier to enforce • Prohibits a local agency from disapproving, or conditioning approval in a manner than renders infeasible, a housing development project for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based upon a preponderance of evidence in the record, instead of the previous substantial evidence standard. • Authorizes court to impose fines if it is proven the local agency acted in bad faith to conditionally approve or disapprove housing development project or emergency shelter; fines would be deposited into local housing trust fund. Fines = min. of$10,000/unit • Additional language in this bill discusses court action and fines in more detail • Mixed use developments- 2/3 of square footage must be for residential use 6. AB 678- Housing Accountability Act- companion bill to SB 167 (identical) 7. AB 1515- planning and zoning- housing • Adds even more teeth to SB 167 and AB 678 (the Housing Accountability Act) • "This bill would specify that a housing development project or emergency shelter is deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The bill would make additional findings related to the Housing Accountability Act in this regard." 3 2 8. SB 540 —Workforce Housing Opportunity Zone • Authorizes local governments to establish workforce housing opportunity zones by preparing an EIR and adopting a specific plan for the zone; zone would be in effect for 5 years. This would probably not be triggered for the City of Ukiah, due to the minimum number of units being 100 and maximum number of units being 1500 9. AB 72- Housing • Allows State to assert findings of nonconformance if it finds local jurisdiction is not acting in accordance with its Housing Element • These findings can make it easier for interested parties to pursue legal action for noncompliance; it can also allow the State to refer cases of noncompliance to the California attorney general for possible legal action 10. AB 73- planning and zoning- housing sustainability districts • Allows jurisdiction to establish a district for housing (ministerial) through local ordinance o At least 20% of housing in the zone must be for low- and moderate- income households and carry 55-year affordability covenants • Total area of district cannot exceed 15% of total land area of jurisdiction • Provides zoning incentive payment (no mention of how this is to be calculated) to jurisdictions establishing district, provided jurisdiction's housing element is adopted and in compliance • Under certain circumstances, exempts projects in district from prevailing wages 11. AB 571- farmworker housing • Establishes $70 million through the Tax Credit Allocation Committee (TCAC) for Low Income Housing Tax Credits (LIHTC) for farmworker housing 12. AB 879- planning and zoning- housing element • Requires local jurisdiction to report number of housing development applications received/denied/approved each year and prior year and list of sites rezoned to accommodate city's share of regional housing need for each income level in its annual housing element report • Housing Element report also would need to include analysis of governmental constraints such as local ordinances that discourage residential development; and what actions jurisdiction would undertake to eliminate constraints • Requires HCD to introduce new forms and standards for tracking housing information 13. AB 1397- local planning- housing element- inventory of land for residential development • Requires new duties for jurisdictions relating to capturing information on vacant and underutilized sites in the jurisdiction's housing element- e.g.: o Listing of properties by APN and requirement that inventoried properties have access to water, sewer, and dry utilities o Requiring jurisdictions adopt methodologies for analyzing impediments to residential development. Methodologies would include such items as market studies, analysis of development trends, and an analysis into incentives for encouraging residential development 4 3 14. AB 1505- land use- zoning regulations • Authorizes the legislative body of any county or city to adopt ordinances to require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households or by persons and families of low or moderate income, as specified, and would declare the intent of the Legislature in adding this provision • Summarizing, AB 1505 forces adoption of inclusionary housing ordinance if housing needs not being satisfied 15. AB 1521- land use- change to assisted housing developments • "This bill would require the owner of an assisted housing development that is within 3 years of a scheduled expiration of rental restrictions to also provide notice of the scheduled expiration of rental restrictions to any prospective tenant at the time he or she is interviewed for eligibility, and to existing tenants by posting the notice, as specified." • Other protections for tenants in assisted housing developments 5 4