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Home My WebLink About2018-04-18 Packet 2 3 4 2 3 4 2 3 4 2 3 4 5 6 7 8 9 : 21 22 2 3 4 2 VICE MAYOR MULHEREN PRESIDING. The Pledge of Allegiance was led by Mel Grandi, Electric Utility Director. Proclamation was presented and received. Proclamation was presented and received. Council Consensus to go forward in scheduling a joint meeting with the Ukiah Valley Sanitation District; the date to be determined. 3 Presentation was received. – Police – Police. (COU No. 1718-206) – Police. – Administration. (COU No. 1718-207) – Electric Utility Department. 4 THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 7:22 P.M. Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Ukiah Valley Sanitation District v. City of Ukiah No Closed Session was held. 5 2 3 CITY OF UKIAH Attachment 1 REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MARCH FUNDS: 100General Fund$1,090,163.41700Sanitary Disposal Site Fund$4,479.94 105Measure S General Fund701Landfill Corrective Fund 110Special General Fund702Disposal Closure Reserve Fund 201Worker's Comp Fund$1,028.16704Post Closure Fund - Solid Waste$0.00 202Liability Fund$31,376.65720Golf Fund$696.65 203Garage Fund$10,908.76730Confernence Center Fund$7,385.33 204Purchasing Fund $2,298.01750Visit Ukiah $2,464.00 205Billing & Collections Fund$12,476.66777Airport Fund$29,447.56 206Public Safety Dispatch Fund$12,768.83778Airport Capital Improvement Fund 207Payroll Posting Fund$708,985.34779Special Aviation Fund 208Building Maintenance/Corp Yard Fund$18,586.06800Electric Fund$730,170.56 209IT Fund$43,782.64801Electric Capital Reserve Fund$84,095.68 220Equipment Reserve Fund803Lake Mendocino Bond Reserve 250Special Revenue Fund$24.08805Street Lighting Fund$9,300.18 251 Special Projects Reserve Fund 806Public Benefits Fund$24,554.78 300Park Development Fund820Water Fund$51,772.55 301Anton Stadium Fund$0.00822Water Capital Improvement Fund$7,987.50 302Observatory Park Fund830Recycled Water Fund$215,081.13 304Swimming Pool Fund $0.00 305Riverside Park Fund$0.00840City/District Sewer Fund $271,263.67 306Skate Park Fund$0.00841Sewer Contruction Fund 310Museum Grants$11,286.47843Sewer Capital Fund$2,618.60 311Alex Rorbaugh Recreation Center Fund$3,720.12900Special Deposit Trust$13,733.97 312Downtown Business Improvement Fund901General Service (Accts Recv)$3,284.65 313LMIHF Housing Asset Fund902U.S.W. Billing & Collection$31,807.12 314Winter Special Events$41.80903Public Safety - AB 109$0.00 5002106 Gas Tax Fund905Federal Emergency Shelter Grant 5012107 Gas Tax Fund905Mendocino Emergency Service Authority 5032105 Gas Tax Fund911Russian River Watershed Association$114,835.81 505Signalization Fund940Sanitation District Special Fund 506Bridge Fund943Sanitation District Capital Improvement Fund 5071998 STIP Augmentation Fund952REDIP Sewer Enterprise Fund 508SB325 Reimbursement Fund$1,760.00960Community Redevelopment Agency 509S.T.P. Fund$9,710.00961RDA Housing Pass-Through 510Trans-Traffic Congest Relief Fund$23,880.05962Redevelopment Housing Fund 600Community Development Block Grant963Housing Debt 601EDBG 94-333 Revolving Loan964RDA Capital Pass-Through 602Community Development Fund965Redevelopment Capital Improvement Fund 60308-HOME-4688966Redevelopment Debt Service 604CDBG Grant 09-STBG-6417967Housing Bond Proceeds 60511-HOME-7654 Fund$0.00968Non-Housing Bond Proceeds 606CDBG Grant 10-EDEF-7261969RDA Obligation Retirement Fund$3,556.00 607Prop 84 Grant Fund844/944Sewer Capital Projects Fund$82,064.49 60913-CDBG-8940915UVFD$22,257.19 610City RDA Projects FundRetainage Withheld$53,785.71 630Asset Seizure Fund$2,261.30611CDBG 16-CDBG-11147 631Asset Seizure Fund (Drug/Alcohol) 633H & S Education 11489(B)(2)(A1)$5,000.00 634Federal Asset Seizure Grants 635SUP Law Enforcement Service Fund$1,250.00 637Local Law Enforcement Block Grant 638Asset Forfeiture 11470.2 H & S 639Special Revenue - Police$0.00 640Parking District Fund$502.50 691Museum Fund$3,328.79 PAYROLL CHECK NUMBERS: 505784-505822TOTAL DEMAND PAYMENTS- A/P CHECKS$3,761,782.70 DIRECT DEPOSIT NUMBERS: 86181-86391TOTAL DEMAND PAYMENTS-WIRES* & EFT's$111.00 PAYROLL PERIOD: 2/10/18-2/24/18TOTAL PAYROLL CHECKS & DIRECT DEPOSITS$1,267,442.28 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) PAYROLL CHECK NUMBERS: 505823-505857$720,008.95 DIRECT DEPOSIT NUMBERS: 86392-86589* vendor name( if applicable) PAYROLL PERIOD: 2/25/18-3/10/18 PAYROLL CHECK NUMBERS: 505858-505886 DIRECT DEPOST NUMBERS: 86591-86790 PAYROLL PERIOD: 3/11/18-3/24/18 VOID CHECK NUMBERS: TOTAL PAYMENTS$5,749,344.93 3025839, 3026265, 3026428, 3026412 3026287, 3026314, 3026158, 3026293 MANUAL CHECK NUMBERS: 86590 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 MANAGERCERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. 4 ____________________________________________________________________________________________ City ManagerDirector of Finance Account Code Summary Attachment 2 10000000General Fund20526430Electric Department - Meter Readers 10010000City Council20620231Ukiah Dispatch 10011100City Clerk20620232Ft Bragg Dispatch 10011300Elections20700000Payroll Posting Fund 10012100City Manager20822500Building Maintenance 10012200Administrative Support20824300Corporation Yard 10012400Miscellaneous General Government20922900IT Fund 10013400Finance Department22013300FA Replace - Finance UB 10014000City Attorney22020200FA Replace - Police Operations 10015100Treasury Management22021210FA Replace - Fire Administration 10016100Human Resources22022900FA Replace - Information Technology 10017100Economic Development22024100FA Replace - Garage 10018000Community Outreach 22024220FA Replace - Streets 10020217Animal Control 22024413FA Replace - Water Distribution Cap 10022100Parks 22024414FA Replace - Water Distribution O&M 10022300Aquatics22024421FA Replace - City Wastewater 10022800Recreation 25024210Engineering Reserve 10022810Recreation Administration25024300Corporation Yard Reserve 10022821Adult Basketball 25122900CIP - IT 10022822Adult Softball25123100CIP - Planning 10022824Co-Ed Volleyball25124210CIP - Engineering 10022831Youth Basketball25124220CIP - Streets 10022832Youth Softball25124410CIP - Water 10022840Day Camp25124421CIP - City Wastewater 10022850Classes & Clinics25126410CIP - Electric 10022860Special Activities30022200Park Development 10023100Community Planning30122210Anton Stadium 10023320Building Inspection30222220Observatory Park 10024210Engineering30522250Riverside Park 10024214Traffic Signals30622260Skate Park 10024220Streets 30822280Project Planning 10024224Storm Drains31022700Museum Grant 10514000Police - City Attorney31122870Alex Rorabaugh Recreation Center 10520210Patrol31217100Downtown Business Improvement District 10520214Police Reserves50524210Engineering - Signalization Fund 10520216COPS Grant50624210Capital Engineering 10520218Police - CSO50824210SB325 - Engineering 10520224Police - Major Crimes Task Force50824220SB325 - Streets 10521210Fire Administration50924210STP - Engineering 10521312Fire Volunteer Station50924220STP - Streets 20112400Worker's Compensation Fund51024220Trans - Traffic Slurry Seal 20212400Liability Fund 510X9999Trans -Traffic Project 20324100Garage Fund60217441Grant - CDBG 602 20413500Purchasing Fund60317442Grant - HOME 603 20513300Billing and Collections60417441Grant - CDBG 604 20514000Billing and Collections - City Attorney60517442Grant - HOME 605 5 20524412Water Department - Meter Readers60517461First Time Homebuyer Program Account Code Summary Attachment 2 60517462FTHB Activity Delivery80026130Electric Substation 60517467FTHB - PIR80026140Reimbursable Work for Others 60600000CDBG Grant 10-EDEF-7261 Fund80026200Electric Metering 60617441Grant - CDBG 60680026300Electric Generation 60617451General Administration80026312Mendocino Hydro 60617452AD ED Direct Financial Assistance80026330Hydro Electric 60617453ED Direct Financial Assistance80026400Electric Administration 60717443Grant Prop 8480026410Electric General Administration 60724413Prop 84 Water Distribution Cap80026430Interdepartmental Charges 6090000013-CDBG-894080326330Hydro Plant 6091745813-CDBG-894080526610Street Lighting 63020210Asset Seizure Expenditure80626500Public Benefit 63120210Drug & Alcohol Education82024410Water 63320210H&S Asset Seizure Expenditure 82024411Water - Production O&M 63420250Fed Asset Seizure Expenditure 82024413Water - Distribution Capital 63520210SLESF82024414Water - Distribution O&M 63820210Asset Forfeiture 11470 82024415Water - Production Capital 64020213Parking Enforcement82224413Water - Distribution Capital 69122700Museum84024420Wastewater 70024500Landfill 70084024421Wastewater City - O&M 70224500Landfill Closure84024422Wastewater City - Capital 70424500Landfill Post closure84024425Wastewater Treatment - O&M 72022400Golf84124426Wastewater Treatment - Capital 73022600Conference Center84224420Wastewater 75017110Visit Ukiah84324422Wastewater City - Capital 77725200Airport Operations84424421Wastewater City Capital - O&M 77817411FAA Grant84424422Wastewater City - Capital 80026100Electric Administration90000000Special Deposit Trust Fund 80026110Electric Overhead91190100Russian River Watershed Assoc 80026120Electric Underground96900000Successor Agency 80100000 Infrastructure 6 hĬƆĻĭƷ /ƚķĻ {ǒƒƒğƩǤ Attachment 3 12102INVENTORY OF SUPPLIES52526FRAUD INVEST. ASSESSMENT 12103STORES PURCHASES52527A.D.P. PREMIUM & DEDUCTIBLE 12104INVENTORY - PURCHASES52528LIABILITY INSURANCE 12105STORES ISSUES52529EARTHQUAKE & FLOOD PREMIUMS 51211PERS UNFUNDED LIABILITY52530POLLUTION-ENVIRON INS PREMIUM 51280OVERTIME/CALLOUT MEALS52531UMEMPLOY. INS EXPENSE 51285CALLOUT MILEAGE REIMBURSEMENTS52532SAFETY & TRAINING SUPPORT 52100CONTRACTED SERVICES52600RENT 52107CONTRACTED SERVICES-EIR52841SUCCESSOR AGENCY ADMIN 52108CONTRACT SERVICES-GPU54100SUPPLIES 52110AMBULANCE BILLING54101POSTAGE 52111MAINT. CONTRCTS - DEFIBRULATOR54102SMALL TOOLS 52112M. S. OVERSIGHT54105PHOTOGRAPHIC EXPENSE 52113PLANNING STUDIES54106SPECIALTY SUPPLIES 52114COMPLIANCE STUDIES54120PW - SPECIAL SUPPLIES 52120LABOR CHARGES FROM OTHER DEPAR54121PW - ASPHALT CONCRETE 52130EDUCATIONAL & MARKETING MATL'S54122PW - AGGREGATE BASE 52131ASSISTANCE TO SENIORS54123PW - CRACK SEALANT 52132EMERGENCY ASSISTANCE54124PW - CONCRETE/SUPPLIES 52133MONTHLY DISCOUNT PROGRAM54125PW - TRAFFIC PAINT 52134CONTRACT ADMINISTRATION54126PW-PREMARKS 52135ENERGY CONSERVATION PROGRAM54127PW - SIGN POSTS/SHEETING 52136PHOTOVOLTAIC RATES/INCENTIVE54128PW - COLD PATCH MATERIAL 52137PUBLIC BENEFITS PROGRAM MGMT54129PW - TACK OIL 52138NCPA PUBLIC BENEFITS PROGRAM54130PW - SAFETY 52139RESEARCH, DEVELOPMENT & DEMO54131PW - BARRICADES & CONES 52140LITIGATION EXPENSES54160HR - CITY LIABILITY & CONTRACT 52145DETACHMENT-SEWER-UVSD54161HR - BACKGROUND & PHYSICALS 52150LEGAL SERVICES/EXPENSES54162HR - ADVERTISING 52151AFLAC & PERS INSUR ADMIN FEES54163HR - INTERVIEW SUPPLIES 52170UKIAH WASTE SOLUTIONS54164HR - FORMS & OTHER DIV. EXP. 52171RESIDENTIAL BILLING CHARGE54165HR - NEW EMPLOYEE FINGERPRINT 52172COMMERCIAL OVERSIGHT FEE54166HR - DOT TESTING PROGRAM 52180SECURITY SERVICES54167HR - EMPLOYEE DEVELOPMENT 52301PROPERTY TAX ADMIN FEE54168HR - REMIF SAFETY TRNG & SUPPO 52302AMBULANCE FEES54201PRISONER EXPENSE 52303REHIT SUPPORT54202MAJOR CRIME INVETIGATIONS 52304LAFCO FEES AND PROP TAX EXP54320SOFTWARE 52500TRUSTEE FEES54330COMPUTER AND TECHNOLOGY 52510ADVERTISING & PROMOTION54500EQUIP RENTS AND LEASES 52515ADVERTISING & PUBLICATION54700FINES & PENALTIES 52521LIABILITY INSURANCE PREMIUM55100TELEPHONE 52522LIABILITY INSURANCE DEDUCT55200PG&E 52523BOILER/MACHINERY PREMIUMS55210UTILITIES 52524PROPERTY INSURANCE56100VEHICLE & EQUIPMENT MAINT. & R 7 52525WORKER'S COMP. EXPENSE56110CITY GARAGE - PARTS 56121R & M RADIO EQUIPMENT56111CITY GARAGE - LABOR 56122R & M NON-AUTO EMS EQUIPMENT56112EQUIPMENT PARTS FOR RESALE 56123R & M COMPUTERS56120EQUIPMENT MAINTENANCE & REPAIR 56124MAINT CONTRACT DEFIBULATORS80235SYSTEM MAINTENANCE 56130EXTERNAL SERVICES80236EMERGENCY/CONTINGENCY 56210FUEL & FLUIDS90100LOAN PROCEEDS 56300BUILDING MAINT. & REPAIR90101LOAN PAYMENT RECEIVED 56410EQUIPMENT RENTAL - PRIVATE90301LOAN REPAYMENT 56504FACILITY MAINTENANCE & REPAIR90410BOND PROCEEDS 56600AIRFIELD MAINTENANCE & REPAIR 56700LANDFILL CLOSURE EXPENSE 57100CONFERENCE & TRAINING 57101CONF & TRAINING-AQUATICS 57102CONF & TRAINING-PARKS STAFF 57200MEETINGS 57300MEMBERSHIPS & SUBSCRIPTIONS 58101NCPA PLANT GENERATION 58102NCPA POWER PURCHASES 58103NCPA TRANSMISSION 58104NCPA MANAGEMENT SERVICES 58105NCPA THIRD PARTY SALES 58106NCPA PASS THROUGH COSTS 58107NCPA COMMITMENTS ACTIVITY 58201WATER PURCHASES 58202WATER TREATMENT PLANT CHEMICAL 58401AVIATION FUEL 58410GARAGE LUBRICANTS & PARTS 58510REIMBRSABLE JOBS 59100PROPERTY TAXES PAID 59101FEES 59102FRANCHISE FEES 59350PURCHASE DISCOUNTS TAKEN 59400OTHER EXPENSES 70101LOAN PAYMENTS MADE 70102BOND INTEREST PAYMENTS 70110BOND ISSUANCE COSTS 70201LOAN PRINCIPAL PAYMENTS 70202BOND PRINCIPAL PAYMENTS 80100MACHINERY & EQUIPMENT 80200BUILDINGS ACQUISITION 80210LAND ACQUISITION 80220BUILDING IMPROVEMENTS 80230INFRASTRUCTURE 80231RECYCLING STUDY 50% GRANT MATC 80232LINE REPLACEMENTS 80233MAIN REPLACEMENTS 8 80234INFLOW/INFILTRATION Buubdinfou5 9 : 21 22 23 24 25 26 27 28 29 2: 31 32 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 5: 61 62 63 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 7: 81 82 83 84 85 86 87 88 89 8: 91 92 93 94 95 96 97 98 99 9: :1 2 3 ATTACHMENT 1 Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA Single stage, 16DKH vertical turbine pump returned for refurbishment! City of Ukiah 14253-5-3 16DK CLOSE COUPLED PUMP NA Original CO14253, Rebuild CO80506 CITY OF UKIAH 300 SEMINARY AVENUE UKIAH CA 95482 4 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA Pump was received on a flatbedin good condition. Head shafts werereceived with the units. Additional picture of the pump when delivered 5 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA The discharge head was inspected when removed. The head will be reused. Parts to be blast and recoatedfor protection. 6 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA Picture prior to the tension nut being Picture after removal. Bearing surface will be removed.Customer has indicated they wish to change replaced. Overall this is in good condition. this to injection lube system. This assembly does not exhibit any unusual wear. 7 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA Rust on the back side of the discharge will be Front view during dis assembly removed prior to reconditioning Second picture of bell in relatively good No issues with Bell separationcondition given the pumps age. Nothing other than wear detected. 8 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA Bowl shafting need to be replaced. The inset picture indicates heavy wear on bearing contact surfaces.Not necessarily unusual for a pump of this age. 9 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA Threaded connection of enclosing tube additional picturesof and the enclosing tube itself is reusable : Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA The lining is in good condition. Floway recommendation will be to reuse with reconditioning of; steam cleaning and wire brushing. The external surfaces are to be blasted and recoated with the rest of the pump. 21 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA Impellers are to be reused with reconditioning. The reconditioning will be a steam clan and wire brush to remove deposits and scale. 22 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! Flloway Tearddown and InnspectionRReport th Flow Control Insspection Datee: March 23,2018 Weir Floway, IInc. 2494 S Railroaad Ave Fresno, CA 933706 USA Reeport of Findinngs: The inspection oof this pump wwas similar to the previous ppump evaluaated under RMMA-852. This ppump does inddicate weear but in line for a pump inn service for 220 years. This ppump can bee reconditionand put backk service with only a coomplete replaacement of thhe bowl shaftss, bearings, annd replacemeent of minor pparts such as the collets. It iis Field Servicee understanding that the customer is askking to changge the tensionn nut assemblyy to an injectioon lube. Afftermarket willl disc Coonclusions: This pump is fouund to be connsistent with noormal wear and tear for a pump of its age. The attacched quote reeflects a repair and returrn to service. 23 Page10of27 Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA APPENDIX A Floway Repair Quote 24 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! RVPUBUJPO Xfjs!Gmpxbz-!Jod/ 35:5!T!Sbjmspbe!Bwf Gsftop-!DB!!:4817!!VTB U!,2!66:!553!5111 G!,2!66:!553!41:9 xxx/hmpcbm/xfjs Cjmm!Up; 9377 Tijq!Up; DJUZ!PG!VLJBI DJUZ!PG!VLJBI!!!!!!!!!!!!!!!! BUUO;!!BDDPVOUT!QBZBCMF!! BUUO;!!BDDPVOUT!QBZBCMF!!!!!! 411!TFNJOBSZ!BWFOVF!! 411!TFNJOBSZ!BWFOVF!!!!!!!!!! VLJBI!DB!:6593!!! VLJBI!DB!:6593!!!!!!!!!!!!!!! VTB! VTB!!!!!!!!!!!!!!!!!!!!!!!!!! Dpoubdu; Dpoubdu; Qipof; Qipof; 818.574.7344 GBY; 818.574.7345 RVPUF$!!!!!!!!!!!!!!!!!QBZNFOU!!UFSNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EBUF!RVPUFE!!!!!!!!!!!!!!!UBLFO!CZ!!!!!!!!!!!!!!!!!!!!SFHJPO!!!!!!!!!!!!!!!!!!!!!RVPUF!WBMJEJUZ!!!!!!!!! E000015845 NET 30 DAYS 04/06/2018 JR m01 30 DAYS !!!JUFN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!RUZ!!!!!!!!!!!!!!!!!FTU/!MFBE!UJNF!!!!!!!!!!!!!!!!!!!!!!!VOJU!QSJDF!!!!!!!!!!!OFU!B NPVOU 1) 7980602MS 1 EA 4 WEEKS $4,438.00 $4,438.00 USD SEAL,JOB CHESTERTON 442 FOR 1.69SHFT 2) 542568-083 1 EA STOCK $55.00 $55.00 USD COUPLING,SHAFT-THRD-1.50 3) 545735-097-05388 1 EA 3 WEEKS $1,113.00 $1,113.00 USD SHAFT,BOWL1-T-C-169x225x053.88 4) 541864-093 3 EA 5 WEEKS $158.00 $474.00 USD COUPLING,SHAFT-THRD-1.69 5) 100496-107-08 12 EA STOCK $13.00 $156.00 USD SCREW,CAP,HX-0.63-11NCx2.75 DISCHARGE CASE CAP SCREWS 6) 100889-222 12 EA 4 WEEKS $3.00 $36.00 USD NUT,HX-0.63-11NC DISCHARGE CASE CAP NUTS 8) 545462-1023 1 EA STOCK $920.00 $920.00 USD BEARING TUBE ADPT 1.688 x 2.500 x 3.50 10) 761974-1023 1 EA 6 WEEKS $1,080.00 $1,080.00 USD BEARING THROTTLE 2.250 x 2.938 x 5 Qsjdf!rvpufe-!cbtfe!po!rvboujuz!rvpufe/ Joufsobujpobm!Rvpuft0Psefst;!Wbmvf!Beefe!Uby!)WBU*!Opu!Jodmvefe/ 25 Qbsut!Dpoubdu!Jogp; Qipof;!!!)66:*!552.516: Page 1 Gby;!!!!!)66:*!553.41:9 Fnbjm;!!!gmpxbzqbsutAxfjsnjofsbmt/dpn RVPUBUJPO Xfjs!Gmpxbz-!Jod/ 35:5!T!Sbjmspbe!Bwf Gsftop-!DB!!:4817!!VTB U!,2!66:!553!5111 G!,2!66:!553!41:9 xxx/hmpcbm/xfjs Cjmm!Up; 9377 Tijq!Up; DJUZ!PG!VLJBI DJUZ!PG!VLJBI!!!!!!!!!!!!!!!! BUUO;!!BDDPVOUT!QBZBCMF!! BUUO;!!BDDPVOUT!QBZBCMF!!!!!! 411!TFNJOBSZ!BWFOVF!! 411!TFNJOBSZ!BWFOVF!!!!!!!!!! VLJBI!DB!:6593!!! VLJBI!DB!:6593!!!!!!!!!!!!!!! VTB! VTB!!!!!!!!!!!!!!!!!!!!!!!!!! Dpoubdu; Dpoubdu; Qipof; Qipof; 818.574.7344 GBY; 818.574.7345 RVPUF$!!!!!!!!!!!!!!!!!QBZNFOU!!UFSNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EBUF!RVPUFE!!!!!!!!!!!!!!!UBLFO!CZ!!!!!!!!!!!!!!!!!!!!SFHJPO!!!!!!!!!!!!!!!!!!!!!RVPUF!WBMJEJUZ!!!!!!!!! E000015845 NET 30 DAYS 04/06/2018 JR m01 30 DAYS !!!JUFN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!RUZ!!!!!!!!!!!!!!!!!FTU/!MFBE!UJNF!!!!!!!!!!!!!!!!!!!!!!!VOJU!QSJDF!!!!!!!!!!!OFU!B NPVOU 11) 302145-1014 1 EA STOCKS $3.00 $3.00 USD RING,O-2.563 x 2.750 x 0.094 12) 541277-1083 1 EA STOCK $107.00 $107.00 USD COLLET,IMP-2.25-STD_15DK,16DK,MK,18MK 13) 542239-1039 1 EA STOCK $173.00 $173.00 USD BEARING,SUCTION-2.25x2.75x10.00 14) 541279-097 1 EA STOCK $110.00 $110.00 USD COLLAR,SAND-2.25-3.00-1.38 15) 100611-107-02 2 EA STOCK $3.00 $6.00 USD SCREW,SET-HX-0.25-20NCx0.25-CUP_POINT 16) 101472-3051 1 EA STOCK $53.00 $53.00 USD PLUG PIPE 2.500 NPT CÔSUNK 17) 764038-1022 3 EA 6 WEEKS $193.00 $579.00 USD BEARING ELS 1.688 x 2.500 INJ LUBE 18) 763711-626-03 1 EA 8 WEEKS $248.00 $248.00 USD BEARING,MRN-2.25x2.94x02.00LG Qsjdf!rvpufe-!cbtfe!po!rvboujuz!rvpufe/ 26 Joufsobujpobm!Rvpuft0Psefst;!Wbmvf!Beefe!Uby!)WBU*!Opu!Jodmvefe/ Qbsut!Dpoubdu!Jogp; Qipof;!!!)66:*!552.516: Page 2 Gby;!!!!!)66:*!553.41:9 Fnbjm;!!!gmpxbzqbsutAxfjsnjofsbmt/dpn RVPUBUJPO Xfjs!Gmpxbz-!Jod/ 35:5!T!Sbjmspbe!Bwf Gsftop-!DB!!:4817!!VTB U!,2!66:!553!5111 G!,2!66:!553!41:9 xxx/hmpcbm/xfjs Cjmm!Up; 9377 Tijq!Up; DJUZ!PG!VLJBI DJUZ!PG!VLJBI!!!!!!!!!!!!!!!! BUUO;!!BDDPVOUT!QBZBCMF!! BUUO;!!BDDPVOUT!QBZBCMF!!!!!! 411!TFNJOBSZ!BWFOVF!! 411!TFNJOBSZ!BWFOVF!!!!!!!!!! VLJBI!DB!:6593!!! VLJBI!DB!:6593!!!!!!!!!!!!!!! VTB! VTB!!!!!!!!!!!!!!!!!!!!!!!!!! Dpoubdu; Dpoubdu; Qipof; Qipof; 818.574.7344 GBY; 818.574.7345 RVPUF$!!!!!!!!!!!!!!!!!QBZNFOU!!UFSNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EBUF!RVPUFE!!!!!!!!!!!!!!!UBLFO!CZ!!!!!!!!!!!!!!!!!!!!SFHJPO!!!!!!!!!!!!!!!!!!!!!RVPUF!WBMJEJUZ!!!!!!!!! E000015845 NET 30 DAYS 04/06/2018 JR m01 30 DAYS !!!JUFN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!RUZ!!!!!!!!!!!!!!!!!FTU/!MFBE!UJNF!!!!!!!!!!!!!!!!!!!!!!!VOJU!QSJDF!!!!!!!!!!!OFU!B NPVOU 19) 100496-107-04 1 EA STOCK $7.00 $7.00 USD SCREW,CAP,HX-0.63-11NCx1.75 20) 545796-1013 3 EA STOCK $18.00 $54.00 USD GASKET,FF-16-TURBx16.53x.03 21) 304335-1014 1 EA STOCK $3.00 $3.00 USD RING,O-2.750 x 3.125 x 0.188 22) 305432-1014 1 EA STOCK $5.00 $5.00 USD RING,O-05.38IDx0.25RD 23) 304330-1014 1 EA STOCK $5.00 $5.00 USD RING,O-2.125 x 2.500 x 0.188 24) 548304-1051 1 EA STOCK $1,135.00 $1,135.00 USD BELL,16DK-NO-FLG-STD-2.25-STD 25) 301042-1014 1 EA STOCK $3.00 $3.00 USD RING,O-3.250 x 3.375 x 0.063 26) 100492-106-04 8 EA 3 WEEKS $3.00 $24.00 USD SCREW,CAP,HX-0.50-13NCx1.25 Qsjdf!rvpufe-!cbtfe!po!rvboujuz!rvpufe/ 27 Joufsobujpobm!Rvpuft0Psefst;!Wbmvf!Beefe!Uby!)WBU*!Opu!Jodmvefe/ Qbsut!Dpoubdu!Jogp; Qipof;!!!)66:*!552.516: Page 3 Gby;!!!!!)66:*!553.41:9 Fnbjm;!!!gmpxbzqbsutAxfjsnjofsbmt/dpn RVPUBUJPO Xfjs!Gmpxbz-!Jod/ 35:5!T!Sbjmspbe!Bwf Gsftop-!DB!!:4817!!VTB U!,2!66:!553!5111 G!,2!66:!553!41:9 xxx/hmpcbm/xfjs Cjmm!Up; 9377 Tijq!Up; DJUZ!PG!VLJBI DJUZ!PG!VLJBI!!!!!!!!!!!!!!!! BUUO;!!BDDPVOUT!QBZBCMF!! BUUO;!!BDDPVOUT!QBZBCMF!!!!!! 411!TFNJOBSZ!BWFOVF!! 411!TFNJOBSZ!BWFOVF!!!!!!!!!! VLJBI!DB!:6593!!! VLJBI!DB!:6593!!!!!!!!!!!!!!! VTB! VTB!!!!!!!!!!!!!!!!!!!!!!!!!! Dpoubdu; Dpoubdu; Qipof; Qipof; 818.574.7344 GBY; 818.574.7345 RVPUF$!!!!!!!!!!!!!!!!!QBZNFOU!!UFSNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EBUF!RVPUFE!!!!!!!!!!!!!!!UBLFO!CZ!!!!!!!!!!!!!!!!!!!!SFHJPO!!!!!!!!!!!!!!!!!!!!!RVPUF!WBMJEJUZ!!!!!!!!! E000015845 NET 30 DAYS 04/06/2018 JR m01 30 DAYS !!!JUFN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!RUZ!!!!!!!!!!!!!!!!!FTU/!MFBE!UJNF!!!!!!!!!!!!!!!!!!!!!!!VOJU!QSJDF!!!!!!!!!!!OFU!B NPVOU 27) 100488-106-05 1 EA STOCK $3.00 $3.00 USD SCREW,CAP,HX-0.38-16NCx1.00 28) 548021-1145 2 EA STOCK $3.00 $6.00 USD PLUG,PIPE-0.38NC_PUSH-IN TYPE 29) 548021-4145 1 EA STOCK $3.00 $3.00 USD PLUG,PIPE-0.50NPT_PUSH-IN TYPE 30) 10003551-1021 1 EA 14 WEEKS $1,795.00 $1,795.00 USD NUT,TENSION,SEAL-1.69x2.50LHx3.25 31) 789076-051 1 EA 14 WEEKS $1,558.00 $1,558.00 USD PLATE,TENSION-5.38x2.50-IL 32) 102508-106-08 4 EA 4 WEEKS $8.00 $32.00 USD STUD-0.50-13NCx3.00 33) 100887-247 4 EA STOCK $3.00 $12.00 USD NUT,HX-0.50-13NC 34) 10001777-006-050 4 EA 4 WEEKS $3.00 $12.00 USD WASHER,FLAT-0.50_SAE Qsjdf!rvpufe-!cbtfe!po!rvboujuz!rvpufe/ Joufsobujpobm!Rvpuft0Psefst;!Wbmvf!Beefe!Uby!)WBU*!Opu!Jodmvefe/ 28 Qbsut!Dpoubdu!Jogp; Qipof;!!!)66:*!552.516: Page 4 Gby;!!!!!)66:*!553.41:9 Fnbjm;!!!gmpxbzqbsutAxfjsnjofsbmt/dpn RVPUBUJPO Xfjs!Gmpxbz-!Jod/ 35:5!T!Sbjmspbe!Bwf Gsftop-!DB!!:4817!!VTB U!,2!66:!553!5111 G!,2!66:!553!41:9 xxx/hmpcbm/xfjs Cjmm!Up; 9377 Tijq!Up; DJUZ!PG!VLJBI DJUZ!PG!VLJBI!!!!!!!!!!!!!!!! BUUO;!!BDDPVOUT!QBZBCMF!! BUUO;!!BDDPVOUT!QBZBCMF!!!!!! 411!TFNJOBSZ!BWFOVF!! 411!TFNJOBSZ!BWFOVF!!!!!!!!!! VLJBI!DB!:6593!!! VLJBI!DB!:6593!!!!!!!!!!!!!!! VTB! VTB!!!!!!!!!!!!!!!!!!!!!!!!!! Dpoubdu; Dpoubdu; Qipof; Qipof; 818.574.7344 GBY; 818.574.7345 RVPUF$!!!!!!!!!!!!!!!!!QBZNFOU!!UFSNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EBUF!RVPUFE!!!!!!!!!!!!!!!UBLFO!CZ!!!!!!!!!!!!!!!!!!!!SFHJPO!!!!!!!!!!!!!!!!!!!!!RVPUF!WBMJEJUZ!!!!!!!!! E000015845 NET 30 DAYS 04/06/2018 JR m01 30 DAYS !!!JUFN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!RUZ!!!!!!!!!!!!!!!!!FTU/!MFBE!UJNF!!!!!!!!!!!!!!!!!!!!!!!VOJU!QSJDF!!!!!!!!!!!OFU!B NPVOU 35) 549673-1013 1 EA STOCK $24.00 $24.00 USD GASKET,FF-12-150#x13.53x.03 38) PLACEHOLDER-MFG 1 EA $4,788.00 $4,788.00 USD RECOAT/BLAST/PAINT ENTIRE PUMP STEAM CLEARN OIL TUBE ID. CHECK FOR COATING OD 39) PLACEHOLDER-MFG 1 EA $730.00 $730.00 USD CHECCK FOR STRAIGHTNESS 40) PLACEHOLDER-MFG 1 EA $1,630.00 $1,630.00 USD ASSEMBLE PUMP ************** Notes *************** FOB FRESNO S/N 14253-5-1 ************* End User ************* CITY OF UKIAH WWTP 300 SEMINARY UKIAH CA 95482 USA Sub-Total: $21,380.00 Order Disc (0.00%): $0.00 (EXTRNL) Sales Tax: $1,897.57 Freight: $0.00 Misc. Chgs: $0.00 EX-Works Fresno Total: $23,277.57 Please note, your purchase order must include the following: billing address, shipping address, purchase price, tax (if applicable), payment terms, freight terms, quote number and ship date. Qsjdf!rvpufe-!cbtfe!po!rvboujuz!rvpufe/ 29 Joufsobujpobm!Rvpuft0Psefst;!Wbmvf!Beefe!Uby!)WBU*!Opu!Jodmvefe/ Qbsut!Dpoubdu!Jogp; Qipof;!!!)66:*!552.516: Page 5 Gby;!!!!!)66:*!553.41:9 Fnbjm;!!!gmpxbzqbsutAxfjsnjofsbmt/dpn RVPUBUJPO Xfjs!Gmpxbz-!Jod/ 35:5!T!Sbjmspbe!Bwf Gsftop-!DB!!:4817!!VTB U!,2!66:!553!5111 G!,2!66:!553!41:9 xxx/hmpcbm/xfjs Cjmm!Up; 9377 Tijq!Up; DJUZ!PG!VLJBI DJUZ!PG!VLJBI!!!!!!!!!!!!!!!! BUUO;!!BDDPVOUT!QBZBCMF!! BUUO;!!BDDPVOUT!QBZBCMF!!!!!! 411!TFNJOBSZ!BWFOVF!! 411!TFNJOBSZ!BWFOVF!!!!!!!!!! VLJBI!DB!:6593!!! VLJBI!DB!:6593!!!!!!!!!!!!!!! VTB! VTB!!!!!!!!!!!!!!!!!!!!!!!!!! Dpoubdu; Dpoubdu; Qipof; Qipof; 818.574.7344 GBY; 818.574.7345 RVPUF$!!!!!!!!!!!!!!!!!QBZNFOU!!UFSNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EBUF!RVPUFE!!!!!!!!!!!!!!!UBLFO!CZ!!!!!!!!!!!!!!!!!!!!SFHJPO!!!!!!!!!!!!!!!!!!!!!RVPUF!WBMJEJUZ!!!!!!!!! E000015845 NET 30 DAYS 04/06/2018 JR m01 30 DAYS !!!JUFN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!RUZ!!!!!!!!!!!!!!!!!FTU/!MFBE!UJNF!!!!!!!!!!!!!!!!!!!!!!!VOJU!QSJDF!!!!!!!!!!!OFU!B NPVOU PROGRESS PAYMENTS ARE AS FOLLOWS ON ALL ORDERS OF $150k OR MORE: ------------------------------------------------------------------------------------- Orders over $150,000 USD are required to submit a payment for 50% of the order value at time of order placement. The balance will be due net 30 days from shipment pending approval of open account payment terms from Weir Floway, Inc.Ôs Credit Department. Qsjdf!rvpufe-!cbtfe!po!rvboujuz!rvpufe/ 2: Joufsobujpobm!Rvpuft0Psefst;!Wbmvf!Beefe!Uby!)WBU*!Opu!Jodmvefe/ Qbsut!Dpoubdu!Jogp; Qipof;!!!)66:*!552.516: Page 6 Gby;!!!!!)66:*!553.41:9 Fnbjm;!!!gmpxbzqbsutAxfjsnjofsbmt/dpn Weir Floway, Inc. 2494 S Railroad Ave Fresno, CA 93706 USA TERMS AND CONDITIONS OF SALE Weir Floway, Inc. (Seller) has provided a formal written quotation outlining the proposed scope of supply. Our proposal is submitted subject to the following terms. Seller provides this proposal for BuyerÓs review and to clearly define the SellerÓs scope, options, pricing, and comments in response to BuyerÓs request for quotation. Quotations are subject to change without notice, otherwise firm for 30 days from date of issuance unlessotherwise stipulated by written quotation of Seller. Where projects require approval of test documents (test curves, hydrostatic certifications, etc.) documentation will be submitted and ten (10) days after date of submittal equipment will be: a) shipped or b) invoiced and stored with charge(s) per Item 11, below, with payment due in accordance with Weir Floway standard payment terms or as agreed upon by mutually signed contract. 1. ORDER ACCEPTANCE Î Acceptance of BuyerÓs order is subject to SellerÓs credit department approval, a signed mutually agreed upon purchase order, and these terms. Any additional or different terms and provisions are expressly rejected by the Seller. Only SellerÓs contract manager, a vice president, or president can accept an order. If Buyer does not respond to SellerÓs order acceptance within ten days the orderwill be processed based on these terms. 2. PRICE Î Prices shall be those in effect at time of shipment. All prices Seller's standard design products constructed of standard material are subject to change without notice and all shipments will be invoiced at the price in effect at the time of shipment except for: A) a Buyer's order for immediate shipment postmarked prior to a given price change that is not held for lack of credit approval will be invoiced at the price in effect at the time of postmark; and B) prices negotiated on a firm basis. Prices are for products of Seller's standard design and materials without change. Any requests for a change in material or design are subject to special pricing. Price protection on accessories will be in accordance with that given by the accessory manufacturer. Unless otherwise agreed, prices do not include cost of any testing or test reports, special inspection, documentation (except those normally performed by Seller during the manufacturing process), or the supplying of any drawings or prints except those currently on file at Seller's factory. 3. TAXES Î Unless agreed otherwise, prices do not include taxes or duties of any kind. Sales or other taxes imposed on the sale of goods shall be separately invoiced unless Buyer provides Seller with an acceptable tax exemption certificate. 4. PAYMENT Î Payment shall be in US dollars, net-30 days from date of invoice. Overdue amounts shall bear interest at the rate of 10% per annum the highest rate allowed by the applicable law, whichever is less. a. For orders <$150,000 shipped within the United States, terms are net-30 days from date of invoice. b. For orders>$150,000 shipped within the United States: i. 15% upon approval of submittals ii. 25% upon receipt of major pump materials at factory for production (castings) iii. 60% upon shipment and invoice c. For exportorders, unless otherwise agreed Buyer must pay in advance or provide an irrevocable letter of credit (LC) with Buyer paying any confirmation charges. An LC must be: i. irrevocable and confirmed by a U.S. Bank, ii. name Seller as the beneficiary, iii. have an expiration date no earlier than 21 days after the last shipment date, and iv. have payment terms at site (for orders <$150,000) Any payment milestones must be incorporated into the LC. Payment shall not be conditioned upon Buyer receiving payment from its customer. Payment is to be made only to Weir Floway, Inc. Prorated payments shall become due from the date on which the Seller is notified of the delay. All orders are subject to approval of Seller's credit department. If, in the sole judgment of Seller, the financial condition of Buyer at any time does not justify starting or continuing production or shipment on the terms of payment specified herein, Seller may require full or partial payment in advance of production or delivery. Regardless of prices quoted, all orders will be invoiced at established minimum net charge in effect at the time of purchase. Prices may be subject to change should Buyer delay approval of Seller supplied documentation more than 15 working days from date of submittal. When Buyer does not pay in full upon delivery it is buying the goods on credit and is a debtor of Seller. In such cases Buyer authorizes Seller to prepare and/or file and/or add additional information as it becomes available (which Seller in its sole discretion may deem necessary to create and perfect a security interest) including but not limited to a security agreement, initial financing statement, initial financing statement in lieu of a continuation statement, amendments, and continuation statements, by any means authorized by law, whether such law is currently in effect or becomes effective after the execution of this agreement, including electronic filing. Buyer understands and agrees that by signing, it has authenticated this agreement as a record and authorizes Seller to (1) prepare and file such record(s) without the signature of Buyer, (2) file such writing bearing any general, generic or super-generic description of the collateral authorized by the applicable code and (3) file any future records, which shall be deemed authenticated (as defined in the applicable commercial code) by Buyer. 5. COSTS OF COLLECTION Î In the event Buyer does not pay as required, Buyer shall pay Seller Seller's reasonable costs of collection including attorney's fees and legal expenses, all of which may be made a part of any judgment entered against Buyer. 6. TERMINATION FOR CAUSE Î Seller may terminate this Agreement upon written notice if the Buyer has failed to make any payment on the due date and the sum remains outstanding 30 days after Seller has advised Buyer of the default. In the event of termination Buyer shall remain responsible for all outstanding payments and in addition shall pay the Seller for all materials purchased and work performed, but unbilled, as at the date of termination. 7. CHANGES Î Seller will not implement any changes in the scope of work unless Buyer and Seller first agree in writing to the details of the change and any resulting price, schedule, or other contractual modifications. The minimum charge for a change will be $100.00 plus the net add or deduct of labor and material. Any change to any law, rule, regulation, order, code, standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and any time for performance. 8. CANCELLATION Î Orders shall not be subject to cancellation by Buyer unless agreed to in writing by Seller. 9. TIME Î Shipment dates are best estimates only at time of proposal and subject to change based on manufacturing load and sub-supplier schedules at Sellers date of order and/or full release to manufacture. 10.DELIVERY / RISK OF LOSS Î Delivery takes place when the goods are loaded onto the freight carrier for shipment. Risk of loss transfers to Buyer at that time. Buyer shall inspect shipments upon receipt from carrier and file any damage claim against the carrier. Reimbursement for damaged or lost items must be from carrier to Buyer on the basis of Buyer's claim. With regard to items possibly omitted from a shipment, it shall be BuyerÓs responsibility to inspect each shipment upon receipt and notify Seller of any claimed omission within ten (10) days of receipt of such shipment. NO CLAIMS FOR OMITTED ITEMS WILL BE ALLOWED AFTER TEN (10) DAYS FROM BUYERÓS RECEIPT OF THE SHIPMENT. 11. SHIPMENT Î Goods will be shipped EXW Fresno, California (Incoterms 2010). Seller manufactures engineered to order products. Upon completion of manufacturing, unless specifically requested in writing, Seller may make partial shipments. If Buyer does not accept delivery within two (2) weeks of the notification of readiness to ship, Seller will invoice the order and store the goods at BuyerÓs expense. A storage fee of 1.5% of the PO value per month will be charged and invoiced two (2) weeks after notification of readiness to ship and each month thereafter until delivery. Any and all additional charges due to delays in shipping after notification of readiness to ship will be to BuyerÓs account. Where projects require approval of test documents (test curves, hydrostatic certifications, etc.) documentation will be submitted and ten (10) days after they are submitted the equipment will be: a) shipped or b) invoiced and stored with charge(s) per this clause, and, unless otherwise agreed, with payment due in accordance with SellerÓs standard payment terms. Motors, engines and other auxiliary equipment may be shipped and billed separately from the pumps. 12. FORCE MAJEURE Î Seller will not be responsible for any failure in performance of any obligations under this agreement caused by circumstances beyond its reasonable control including, without limiting the generality of the foregoing, Acts of God, acts of government or the public enemy, riots, embargoes, strikes or other labor disturbances, supply chain delays, casualties, accidents, or transportation problems. Seller will notify the Buyer in writing of any such cause that would affect its performance. In the event of Force Majeure, the time of performance, shall be extended by a period of time equal to the period of force majeure and its consequences. Notwithstanding, if the SellerÓs performance is delayed, due to Force Majeure, for a period exceeding sixty (60) days from the mutually agreed upon shipment date, either party will have the right to terminate this agreement, and if Buyer terminates Buyer will pay Seller for substantiated material and labor costs performed up to date of notice. 13. WARRANTY Î Seller warrants each good to be free of defects in material and workmanship for a period of one (1) year after the initial operation or eighteen (18) months after date of shipment, whichever is sooner (the ÐWarranty PeriodÑ). Defective product(s) or part(s) shall be returned to the Seller in accordance with the terms of the "RETURN OF EQUIPMENT" section below. Conditions. These warranties and remedies are conditioned upon (a) the proper storage, installation, operation, and maintenance of the goods, (b) the keeping of proper operation and maintenance records during the Warranty Period and providing Seller access to those records, and (c) Buyer not being in default of any payment obligation to Seller. Any modification or repair of any of the goods (other than routine maintenance) not authorized by Seller shall void the warranty. Repairs. When, within the Warranty Period, Seller is given prompt notice of a defect, it shall repair or replace, at its option, the defective part or Good, or re-perform services, provided Buyer provides satisfactory proof to Seller of the defect, including, for well and equipment performance and operations, all relevant data and documentation needed to make an assessment. SellerÓs sole obligation, and BuyerÓs sole remedy, shall be this repair, replacement, or re-performance. Buyer must return defective Goods or parts freight prepaid for inspection to an authorized service center designated by Seller. Buyer shall provide access to the items to be repaired or replaced and remove any materials or structures necessary to provide free and clear access, as well as supply any necessary equipment, and bear the costs of access (including removal and replacement of systems, structures or other parts of BuyerÓs facility), de-installation, decontamination, re-installation, and transportation of Goods to Seller and back to Buyer. Seller will deliver replacements for defective Goods to Buyer prepaid to the delivery destination provided by the original order. Repaired or replaced parts or Goods and re-performed services shall remain under warranty for the unexpired portion of the original Warranty Period as warranty work shall not extend the Warranty Period. All Goods and parts replaced under this limited warranty shall become the property of Seller. If Seller determines that any warranty claim is not, in fact, covered by this limited warranty, Buyer shall pay Seller its then customary charges for its labor, repair, or replacement efforts. Seller may refer the good to a Seller authorized repair facility for assessment and repair. Costs for shipment will be F.O.B. Seller's factory or service facility outlet. Seller will not be responsible for removal or 31 re-installation (push/pull) required for warranty consideration or repair. Revised 5.20.2015 Qbhf!8 Weir Floway, Inc. 2494 S Railroad Ave Fresno, CA 93706 USA Returns. No equipment shall be returned to Seller without Seller first issuing written returned material authorization (RMA) and shipping instructions. Buyer must pay transportation costs to the Seller and clearly mark each item with the appropriate RMA number. Returned goods are subject to SellerÓs inspection and acceptance. Authorization will not be given for return of damaged or worn materials, or would in SellerÓs opinion resultin an amount of stock in excess of what Seller normally carries. For equipment not manufactured by the Seller, credit will only be issued if credit is allowed by the original equipment supplier; in which case credit will be minus all freight and other expenses Seller incurs. The credit will be further reduced by a minimum restocking fee equal to 10% of the price of the returned goods. Exclusions. Seller cannot and will not be responsible for BuyerÓs system or system requirements not clearly defined prior to order placement The warranty does not apply to a defect caused or contributed to by: (a) abrasive materials, corrosion, lightning, improper voltage supply, mishandling or misapplication, normal wear and tear due to operation or environment, or accident; (b) parts which are normally consumed in operation, or have a normal life shorter than the Warranty Period; (c) alterations or repairs (other than normal and ordinary repairs) carried out without prior written approval of the Contractor; (d) storage, installation, use or maintenance, which is not in accordance with ContractorÓs instructions or is otherwise improper; use of equipment or parts for a purpose other than that for which they are intended; (e) installation by someone other than, or authorized by, Contractor; (f) use of Goods after Company was aware or should have become aware of a defect; or (g) information, drawings, chart interpretations, technical specifications, or instructions provided by Company to Contractor. Unless Buyer clearly shows that none of the following caused a defect, all warranties are void if: (a) the pump is handling liquids other than clear, fresh non-aerated water at a temperature not exceeding 85 degrees F, or other such liquids and/or temperature contrary to those specified by Seller or as mutuallyagreed upon in writing between Buyer and Seller. (b) the pump has been handling abrasive material; (c) the pump is slow, due to low voltage or other reason beyond control of Seller; (d) the pump is installed in an area which is not sufficiently straight and plumb and of sufficient diameter to allow the pump to hang free and plumb; (e) the pump is damaged from electrolysis, graphitization, corrosion or erosion; (f) air or vapor is allowed to enter the pump section; (g) parts not furnished by Seller are used in the head, bowl, or column assembly; or (h) a foot valve is used without SellerÓs consent. Exclusive remedy. THIS ARTICLE PROVIDES THE EXCLUSIVE REMEDIES FOR ALL CLAIMS BASED ON FAILURE OF OR DEFECT IN A GOOD OR SERVICE, WHETHER THE FAILURE OR DEFECT ARISES BEFORE, DURING, OR AFTER THE APPLICABLE WARRANTY PERIOD AND WHETHER A CLAIM, HOWEVER DESCRIBED, IS BASED ON CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND IS SUBJECT TO ALL LIMITATIONS OF LIABILITY FOUND IN THESE TERMS AND CONDITIONS. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT COULD ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER ALSO DISCLAIMS ALL STATUTORY WARRANTIES. Performance guarantees. Unless expressly stated otherwise, performance guarantees are subject to laboratory tests adjusted for field performance. Due to inaccuracies of field testing, if a conflict arises between the results of field testing conducted by or for the user, and laboratory tests corrected for field performance, the latter shall control. No equipment shall be furnished for acceptance based on results of field testing unless such tests procedures are reviewed and approved, in writing, by SellerÓs authorized engineering personnel. A performance guarantee is void if the pump impellers are trimmed by anyone other than SellerÓs factory personnel or someone authorized in writing by Seller. Further, any performance guarantee is only for the specified design point and relate only to performance at the time of installation and startup. All accessories and other equipment not manufactured by Seller are warranted only for the period and to the extent of the original manufacturer's warranty, and shall be subject to all of the terms and conditions of such warranty. 14. INSURANCE Î Each party agrees to maintain insurance in commercially reasonable amounts covering claims of any kind or nature for damage to property or personal injury, including death, made by anyone, arising from activities performed or facilitated by this agreement, whether these activities are performed by that party, its employees, agents, or anyone directly or indirectly engaged or employed by that party or its agents. The price of the goods is based on Buyer not being an additional insured under SellerÓs policy and Seller not waiving its rights of subrogation. 15. INDEMNITY Î Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action, or liability incurred by Buyer as a result of third party claims for bodily injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. SellerÓs indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. 16. LIMITATION OF LIABILITY Ï NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES. SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE TOTAL CONTRACT VALUE. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY. 17. MISCELLANEOUS a. A ssignment. Buyer shall not assign any warranty rights without the Seller's prior written approval. b. Waiver /amendment. Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this Agreement shall not be deemed a waiver of such terms, covenants, and conditions or of any similar right or power hereunder at any subsequent time. The failure of Seller to enforce any right Seller may have under the terms and conditions hereof or otherwise shall not constitute a waiver of such right with respect to future occasions for enforcement thereof, nor shall any such failure or failures establish any custom or usage. No alteration or modification of any of the provisions herein shall be binding unless in writing and signed by an executive officer of Seller at its home office in Fresno, California. c. Severability. If any provision of this order/contract shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force andeffect. d. Applicable law. These terms are governed and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. e. Dispute resolution. Any controversy or claim arising out of or relating to this agreement shall be settled by arbitration in accord with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The parties specifically agree that the provisions of Section 1283.05 of the Code of Civil Procedure of the State of California are incorporated into, made a part of, and are applicable to any arbitration where the aggregate amount in controversy exceeds Twenty-Five Thousand Dollars ($25,000.00) exclusive of costs, expenses, and fees. The parties recognize that the resolution of any controversy or claim will necessitate testimony by Seller's engineers, all of whom are employed at Seller's home office inFresno, California. The parties therefore agree that the most convenient place for arbitration is Fresno County, California, and that any arbitration shall be there. f. Shop drawings. Buyer shall have no right to detailed shop drawings, including, but not limited to, dimensioned machine, casting, and pattern drawings. g. Relationship of parties. In all matters relating to this agreement Buyer and Seller shall not have any right, power or authority to create any obligation, express or implied, on behalf of any other Party. Nothing in this agreement is intended to create or constitute a joint venture, partnership, agency, trust, or other association of any kind between the parties or persons referred to. h. Notices. All notices shall be in writing and shall be delivered personally, by U.S. certified or registered mail, postage prepaid, return receipt requested, or by recognized overnight delivery service. Any notice must be delivered to the respective parties at the respective addresses set forth below their signatures or to such other address as a party specifies in writing. The date of notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date set forth on the return receipt if sent by certified or registered mail. i. Entire agreement. This purchase order, together with any attached exhibits, constitutes the entire agreement of the parties with respect to its subject matter and merges and supersedes all prior agreements, understandings, negotiations and discussions, representations, warranties, commitments, proposals, offers, contracts, and other writings concerning the subject matter hereof, whether oral or written. 32 Revised 5.20.2015 Qbhf!9 Floway Teardown and Inspection Report Flow Control Weir Floway, Inc. ! 2494 S Railroad Ave Fresno, CA 93706 USA APPENDIX B Written Teardown and Inspection Report. 33 Dpqzsjhiu!ª!3128-!Xfjs!Gmpxbz-!Jod/!Bmm!Sjhiut!Sftfswf Page of ! 34 35 36 37 38 39 3: 2 3 ATTACHMENT 1 Fleet Vehicle Justification Proposed Vehicle:2018 Elgin Broom Badger Department:Public Works Area of use:Streets Prepared by:Dave Kirch, Fleet and Plant Maintenance Supervisorand Jarod Thiele, Public Works Management Analyst 1VEHICLEPURPOSE Need for vehicle within Department fleet This vehicle will be used dailyin street sweeping, as well ascleaning up after water mainbreaks and maintainingthe rail trail clean. This recommended sweeper is a high dump design allowing to emptyintodumptrucksandgreen wastebins. 2REPLACEMENT JUSTIFICATION 2.1Current Vehicle Description, Mileage, Funding Source and Market Value The vehicle being replaced is #2532. It was purchased in 2006 with Streets funds. Currently it has 5000 hours onit. This vehicle is in poor condition with a value of approximately $7,250. Currently this unit is inoperableasthe CNG fueling station is out of service and needs over $10,000 in repairs every 3 to 4 years. 4 ATTACHMENT 1 2.2Maintenance Costs Overall Condition, Maintenance Costs, Out of Service Time, Parts Availability, and Associated Safety Issues Overall Mechanical Condition:This vehicle is in poor mechanical condition. Currently this vehicle is in need of a new fueling station as well as repairs to the hopper and sweeper heads. Maintenance Costs: Out of Service Time:Three years Parts Availability:Some parts are available from the factory Associated Safety Issues:This unit caught fire in 2007 due to a leak in the high pressure fuel line. 2.3Shared Resources Define any resources currently available within the City of Ukiah fleet which could be utilized for this purpose. There are no resources available within the City for this unit. 5 ATTACHMENT 1 3PROPOSED VEHICLE SPECIFICATIONS Proposed Vehicle Specifications 2018 ELGIN Broom Badger street sweeper 4ALTERNATIVE FUEL AND CARB REGULATIONS 4.1Alternative Fuels Availability Proposed Vehicle Alternative Fuels Availability This unit being replaced is an alternative fueled unit and does not operate well in Ukiah’s climate. Therefore a new unit is not recommended to be alternative fueled. 4.2CARB STANDARDS CARB STANDARDS CARB regulations do apply to this vehicle and meet 2018 Diesel emission standards. 6 ATTACHMENT 2 Presents a Proposal Summary of the Broom Badger Broom Badger Street Sweeper with Dual Side Brooms for City of Ukiah 1320 Airport Road Ukiah, CA 7 Ed Hodges Tel: 707.237.1020 1 of 4 PRODUCT DESCRIPTION · Conveyor squeegee, dual, hydraulically driven side brooms, variable heig, left side dumping hopper and sweeper is painted Elgin white. STANDARD FEATURES · 2018 Isuzu NRR Left Hand Steer (USA) · AM/FM Radio w/ CD · Aux-engine Kubota V2403M 59hp, Tier 4i · Low engine oil pressure, high coolant temp, hydraulic oil level/temp shutdown · Broom side, 36" and 42" steel vertical digger 4 and 5 segment · Broom side, hydraulic floating suspension, adjustable spring loaded deploy · Broom, main, 34" diameter, 58" wide prefab disposable · Camera, Rear and RH side view with in-cab monitor · Conveyor chain, hardened with polyurethane sprockets · Conveyor, 8 flight squeegee with rubber edging · Conveyor, lift independent from main broom · Conveyor, two piece replaceable wear plates · Conveyor raise in reverse · Conveyor stall alarm · Dirt shoes, heavy duty steel · Electric backup alarm · Front spray bar · Hopper inspection door · PM 10 Compliant (RULE 1186) · Sidebroom Tilt Right Hand · Sidebroom Tilt Left Hand ADDITIONAL FEATURES · LED Strobe Mounted Behind Cab · LED Strobe on Curbside · LED Light Stick · LED Stop/Tail/Turn Spare Main Broom $ 205,975.00 Factory List Total: NJPA Discount: $ 11,975.00 NJPA Price, F.O.B. Ukiah CA: $ 194,000.00 Applicable taxes not included THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good until May 31, 2018. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. 8 2 of 4 TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted. DELIVERY: Approximately 45-60 Days ARO TERMS: Net 30 Days Thanks for the opportunity to demo the Broom Badger to you yesterday. We appreciate all your efforts and look forward to being of further and continued service. If you have questions, please contact me at (707) 237-1020. Sincerely, Ed Hodges Ed Hodges Regional Manager 9 Quote Number: 2017-20894 3 of 4 LIMITED WARRANTY ELGIN SWEEPER COMPANY warrants each new machine manufactured by it against defects in material and workmanship provided the machine is used in a normal and reasonable manner. This warranty is extended only to the original user-purchaser for a period of twelve (12) months from the date of delivery to the original user-purchaser. ELGIN SWEEPER COMPANY will cause to be repaired or replaced, as the Company, may elect, any part or part of such machine which the Company's examination discloses to be defective in material or workmanship. Repairs or replacements are to be made at the selling Elgin distributor's location or at other locations approved by ELGIN SWEEPER COMPANY. The ELGIN SWEEPER COMPANY warranty shall not apply to: 1. Major components or trade accessories such as but not limited to, trucks, engines, tires or batteries that have a separate warranty by the original manufacturer. 2. Normal adjustments and maintenance services. 3. Normal wear parts such as but not limited to, broom filters, broom wire, shoe runners and rubber deflectors. 4. Failures resulting from the machine being operated in a manner or for a purpose not recommended by ELGIN SWEEPER COMPANY. 5. Repairs, modifications or alterations without the consent of ELGIN SWEEPER COMPANY which, in the Company's sole judgment, have adversely affected the machine's stability or reliability. 6. Items subjected to misuse, negligence, accident or improper maintenance. The use in the product of any part other than parts approved by ELGIN SWEEPER COMPANY may invalidate this warranty. ELGIN SWEEPER COMPANY reserves the right to determine, in its sole discretion, if the use of non-approved parts operates to invalidate the warranty. Nothing contained in this warranty shall make ELGIN SWEEPER COMPANY liable for loss, injury, or damage of any kind to any person or entity resulting from any defect or failure in the machine. TO THE EXTENT LIMITED BY LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty is also in lieu of all other obligations or liabilities on the part of ELGIN SWEEPER COMPANY, including but not limited to, liability for incidental and consequential damages on the part of the Company or the seller. ELGIN SWEEPER COMPANY makes no representation that the machine has the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized to give any other warranties or to assume any other liability on behalf of ELGIN SWEEPEAR COMPANY in connection with the sale, servicing or repair of any machine manufactured by the Company. ELGIN SWEEPER COMPANY reserves the right to make design changes or improvements in tis products without imposing any obligation upon itself to change or improve previously manufactured products. : QuoteNumber:2017-20894 4 of 4 2 3 4 2 3 4 2 3 4 5 6 7 2 3 CITY OF UKIAH REQUEST FOR PROPOSAL TRAFFIC ANALYSIS FOR REALIGNMENT OF TALMAGE ROAD PROPOSAL DUE 12PM MARCH 27, 2018 4 GENERAL INFORMATION /PROJECT LOCATION The City of Ukiahwith a population of 16,186peopleis located approximately 115miles north of San Francisco, CA on the US Highway 101 corridor. Ukiah is also the retail service hub to an area reaching a 50-mile perimeter and experiences a daytime service population exceeding 35,000 people. This project is funded by theMendocino Council of Governments (MCOG). The budget for this project is $25,000. The City of Ukiah requestsproposals from qualified firms to provide professional services to prepare a traffic analysis for a proposed realignment of Talmage Road. Please refer to the attached photo map, Attachment “A”, for the proposed realignment. SCOPE OF SERVICES The scope of the update for the traffic studyshall include tasks described below, as well as other elements or modifications, which may be suggested by consultants presenting proposals to better meet the needs of the City. All services shall be provided in accordance with the City’s draftprofessional services agreement, a sample of which is attached as Attachment“A”. The Consultant’s proposalshall include, but not be limited to the following: Survey existing conditionsand prepare aconceptual plan for proposed realignment of Talmage Road. Obtain intersection traffic counts at SouthState Streetand Observatory Avenueand at SouthState Streetand Talmage Road. Evaluate S. State St. and Observatory Ave. intersection alternatives (traffic signal versus roundabout). Analyze the pedestrian and bicyclist movements at the aforementioned intersections and provide recommendations. Evaluate various alternatives to resolve traffic concerns at the South State Street and Talmage Road intersection. Evaluate feasibility of the proposed realignment of Talmage Road. Prepare planning level estimates for the proposed realignment of Talmage Road. SCHEDULE Proposals for the traffic analysiswill be received until 12:00 PM on Tuesday, March 27,2018. ConsultantSelection Committee reviewsproposalsMarch 27-April 4,2018. 5 Page 2of 6 March 2, 2018 City Council award of professional services agreement to selected consultant: April 4,2018. Consultant initiates and completes traffic analysis:April 5 throughJune 15,2018. Consultant submits draft reportfor review: June 15, 2018. City reviewsand commentson draft traffic analysis:June 15-22, 2018. Consultant prepares final report and produces final copies as required by agreement: June 22-29, 2018. Consultant submits final traffic report:June 29, 2018. City staff to present final traffic report to City Council: July 18, 2018. WORK PRODUCT REQUESTED T welve (12) bound copies of the final traffic report. One electronic copy of the final traffic study(PDF format). REFERENCE INFORMATION Thefollowing documents areavailableforyourreferenceat this weblink: https://cityofukiah.box.com/s/vsxfc7npv62lak9i78wg12xf5u3c1chc Cit y of Ukiah, Citywide Circulation Study – February 2007 Ukiah Bicycle and Pedestrian Master Plan – adopted April 20, 2016 CONSULTANT’S PROPOSAL Proposals shall be labeled “Proposal-Traffic Analysisfor Realignment of Talmage Road”. Proposals shall be submitted to: RickSeanor, Deputy Director of Public Works City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482-5400 Eight (8) copiesof the PROPOSAL arerequired. Proposals must be received prior to 12:00 PM March 27, 2018. Proposals shall include as a minimum the following: Project approach and schedule Describe the proposed approach and procedures to be used in completing the tasks described in the Scope of Services.Include a proposed schedule showing completion of the various tasks. Cover letter 6 Page 3 of 6 March 2, 2018 The cover letter should include a brief overview of the specific approach and procedures the firm proposes to complete the tasks described in theScope of Services. An explanation of why the specific plan detailed in the proposal is the best plan for the City should be included. The cover letter must be signed by an official authorized to bind the successful firmcontractually and shall contain a statement to the effect that the proposal is a firm offer for a minimum period of thirty (30) days after the submittal date. The letter accompanying the proposal shall also provide the following: name, title, address, and telephone number of individuals with the authority to negotiate a contract and bind the consultant to the terms of the contract. Project team Describe the qualifications and experience ofthe firmasrelated to the project, and the proposed staff to be assigned to this project. Describe the qualifications and experience of any proposed sub-consultants and identify the work they will accomplish. Firms, sub-consultants and proposed staff must demonstrate experience with similar projects. Staff proposed to be in charge of the projectmust demonstrate significant experience supervising similar work. Describe the proposed team organization, current and previous work assignments, and man-hours budgeted for each team member.Provide the name and brief resume of the individual who will be in responsible charge of the project along with the namesand brief resumesof the firm’s staff who will be assigned to the project. Sub-consultants Ifsub-consultantsare to be used, the prospective contractor must submit a description of each person or firm and the work to be done by each sub-consultant. The cost of the subcontract work is to be itemized in the cost proposal. Please note thatfunds for this study cannot pay for consultant mark-up on sub-consultant costs. Fee proposal Providea fee proposal based on an hourly rate schedule with a “not to exceed” maximum cost for all work identified in the Scope of Services. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost. Additionally, please identify miscellaneous costs associated with this proposal. Submita copy of your firm’s current itemized hourly rate fee schedule. Thefee proposalshall itemize all items that will be charged to the project. Costs shall be shown to reflect fully-weighted hourly billing rates for all personnel, however, the methodology for calculating the fully-weighted rates must be shown (e.g. labor, overhead rate, fringe, profit, etc.). Consultant mark-up on direct costs is not allowed. Reimbursement for travel-related direct costs (hotels, meals, etc.) is limited to approved State rates which may be found on the Caltrans website:http://www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htmWhen invoicing, receipts are required to be submitted for all direct costs, other than fully-weighted personnel costs. Please submit the fee proposal in a separate, sealed envelope marked “Fee Proposal”. 7 Page 4 of 6 March 2, 2018 References Provide alist of similar projects for which the firm has completed traffic studies witha list of at least three client references associated with theseprojects. Include client references for any proposed sub-consultants. Provide names of contact person, addresses and telephone numbers for all client references. xceptions E Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to theCity’s insurance requirements and/or the City’s draft professional services agreementas shown in the attachments, the Consultant should list the exceptions in the proposal. SPECIAL PROPOSAL REQUIREMENTS Proposal documents shall be produced on recycled paper, when practicable. The proposal front cover shall be labeled in such a way as to identify that the document was produced on recycled paper. Where practicable, the pages of the proposal shall be produced double sided. AFFIRMATATIVE ACTION Prospective contractors should be aware that the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11275, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act and other federal and state laws pertaining to equal employment opportunity are applicable to any contract awarded by the City of Ukiah. INSURANCE REQUIREMENTS T he insurancerequirements are as per specified in the draft professional servicesagreement, Attachment “B”. EVALUATION OF CONSULTANT’S PROPOSAL The following evaluation criteria will be used in evaluating and selecting candidates: 1.Candidate’s specialized experience and technical competence as applicable to the services required. Resumes must be furnished for the proposed team members and team leader.(20 points) 2.Candidate’s past record of performance, on similar projects, including control of costs, quality of work, and completionin a timely manner.(20 points) 3.Candidate’s capacity to perform the work in a timely fashion. A proposed work plan 8 Page 5 of 6 March 2, 2018 and organization chart should be included.(15 points) 4.Candidate’s familiarity with the type of problems applicable to the project.(20 points) 5.Candidate’s demonstrated experience in preparing traffic studies.(25 points) CONTRACT AWARD A contract will be negotiated with the individual or firm determined in the proposal evaluation process to be best suited to perform this project. If a contract cannot be negotiated with the individual or firm submitting the highest rated proposal which is in the best interest of the City of Ukiah, then staff will terminate negotiations with that firm and commence the negotiation process with the firm submitting the second highest rated proposal. This contract will be awarded using a cost reimbursement payment method. The contract will include all State and/or Federal requirements that "flow down" from the funding sources. A contract shall not be awarded to a consultant without an adequate financial management and accounting systemas required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31 (per Caltrans’ Local Assistance Procedures Manual Chapter 10.5). A pre-award audit may be required. SUPPLEMENTAL INFORMATION Attached please find the following: Aphotomap of the proposed realignment, Attachment “A”. A draft professional servicesagreement, Attachment “B”. RIGHT OF REFUSAL The City reserves the right to reject any and all proposals without qualifications. Proposals will be considered only in their entirety. The City reserves the right to negotiate the specific requirements and costs using the selected proposal as a basis. QUESTIONS Questions shall be directed to RickSeanor, Deputy Director of Public Works, City of Ukiah, Department of Public Works, 300 Seminary Avenue, Ukiah, CA 95482-5400, voice phone: (707) 463-6296, fax phone: (707) 463-6204, and email: rseanor@cityofukiah.com 9 Page 6of 6 March 2, 2018 CITY OF UKIAH - PROPOSED TALMAGE RD. REALIGNMENT T H O M A S ST R E E T R U P E ST R E ET : ´ This map is a guide. Every reasonable effort has been made to ensure the accuracy 0150300 of the map and data provided. Parcel lines Public Works Feet are not intended to represent surveyed data. Document Path: S:\\Public Works\\Stricklin, Andrew\\GIS Maps\\GIS\\Projects\\Streets\\Talmage Proposed Realignment.mxdDate Saved: 3/2/2018 10:59:02 AM ATTACHMENT “B” AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this day of , 2018(“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and ---- ---------,acorporation,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 to complete a traffic analysis for realignment of Talmage Road. 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 agreeupon 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 1.0DESCRIPTION OF PROJECT 1.1The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0SCOPE OF SERVICES 2.1As 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. 3.0CONDUCT OF WORK 3.1Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work uponreceipt of a Notice to Proceed from City. 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. 4.0COMPENSATION FOR SERVICES 4.1Basis 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 maximum dollar amount of $--------. Labor charges shall be based upon hourly billing rates forthe various classifications of personnelemployed by Consultant to perform the Scope of Work as set forth in the attached AttachmentB, which shall include 21 all indirect costs and expenses of every kind or nature, except direct expenses. The Std –ProfSvcsAgreement-November 20, 2008 PAGE 1OF 8 ATTACHMENT “B” 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. 4.2Changes. 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 anticipatedon the date they entered this Agreement. 4.3Sub-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 forthin Section 4.1. 4.4Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shallbe 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 afterreceipt 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 madeand to support the expenses claimed. 5.0ASSURANCES OF CONSULTANT 5.1Independent 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 Cityfor any purpose whatsoever. Cityshall 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 Cityhave 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. Consultantshall 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. Consultantagrees toindemnify and hold Cityand 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 defending against any audit, claim, demand or law suit. 22 Std –ProfSvcsAgreement-November 20, 2008 PAGE 2OF 8 ATTACHMENT “B” 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. 5.2Conflict 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. 6.0INDEMNIFICATION 6.1Insurance 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 terminationof 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 bodily injury and property damage. 23 Std –ProfSvcsAgreement- November 20, 2008 PAGE 3OF 8 ATTACHMENT “B” 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 claim. 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. 24 Std –ProfSvcsAgreement-November 20, 2008 PAGE 4OF 8 ATTACHMENT “B” 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 for the duration of the work being performed. 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, AAfor 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 Consultantshall include allsubcontractors or sub-consultantsas 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 allinsurance requirements set forth in this Paragraph 6.1. 6.2Indemnification. 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 anynegligent act or omission or the willful misconduct of Consultant in theperformance of services under this contractby 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 misconduct or defects in design by the City, or arising from the active negligence of the City. 25 Std –ProfSvcsAgreement- November 20, 2008 PAGE 5OF 8 ATTACHMENT “B” “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. 7.0CONTRACT PROVISIONS 7.1Ownership of Work. All documents furnishedto 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 creationand 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. 7.2Governing 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. 7.3Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6Assignment. 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. 7.7Waiver. 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. 7.8Termination. 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 contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of 26 termination is given to Consultant. City shall pay the Consultant only for services Std –ProfSvcsAgreement- November 20, 2008 PAGE 6OF 8 ATTACHMENT “B” 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. 7.9Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 8.0NOTICES Any notice given under this Agreement shall be in writing anddeemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH--------------------- DEPT. OFPUBLIC WORKS -------------------------------- 300 SEMINARY AVENUE ------------------------- UKIAH, CALIFORNIA 95482-5400 9.0SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: __________________________ ____________________ Date PRINTNAME: _________________ __________________ IRS IDN Number CITY OF UKIAH BY: ____________________ SAGE SANGIACOMODate CITY MANAGER ATTEST ____________________ KRISTINE LAWLER,CITY CLERKDate 27 Std –ProfSvcsAgreement- November 20, 2008 PAGE 7OF 8 ATTACHMENT “B” APPROVED AS TO FORM: ____________________________________________ DAVID J. RAPPORTDate CITY ATTORNEY 28 Std –ProfSvcsAgreement- November 20, 2008 PAGE 8OF 8 29 2: 31 32 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 5: 61 62 63 64 65 2 3 ATTACHMENT #1 RESOLUTION NO. 2018- RESOLUTION OF THE CITY OF UKIAH ADOPTING A PROJECT FOR FISCAL YEAR 2018-19 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Ukiah are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Ukiah must adopt a project proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Ukiah, will receive an estimated $270,911 in RMRA funding in Fiscal Year 2018-19 from SB 1; and WHEREAS, this is the second year in which the City of Ukiah is receiving SB 1 funding and will enable the City of Ukiah to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Ukiah used its Pavement Management System to identify the SB 1 project to ensure revenues are being used on the most high-priority and cost-effective project that also meets the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Ukiah maintain and rehabilitate a key street this year and with similar projects to follow in the future; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City of Ukiah’s streets and roads are in a “poor” condition and this revenue along with Measure “Y” street maintenance sales tax revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “fair” condition; and WHEREAS, this SB 1 project and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. 4 ATTACHMENT #1 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Ukiah, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The fiscal year 2018-19 project planned to be funded with Road Maintenance and Rehabilitation Account revenues includes: Description: AC overlay; Location: North State Street from 240 feet north of Low Gap Road to the northern City limits; Estimated Useful Life: 20 years; Anticipated Year of Construction: 2018 th PASSED AND ADOPTED this 18 day of April, 2018, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ____________________________ Kevin Doble, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk 5 4 In addition, funds from a 4 percent increase in the diesel sales tax to 5.75 percent from the prior 1.75 percent effective November 1, 2017 are allocated to the Public Transportation Account. 6 CaliforniaCityFinance.com 7 CaliforniaCityFinance.com 8 CaliforniaCityFinance.com 9 CaliforniaCityFinance.com 2 3 4 Buubdinfou!$2 5 6 7 8 9 : 2 3 4 CITY OF UKIAH HOUSING STRATEGY OVERVIEW The City of Ukiah will develop programs and tools designed to stimulate the Ukiah housing market. Through a two-part strategy, the City will deploy new funding, analyze zoning policy for regulatory relief, and continue the utilization of successful incentives to encourage additional housing production for affordable (“low- and moderate-income”) and middle-income households. Key components of this strategy are presented below. 1.Affordable Housing Strategy Ukiah’s affordable housing strategy is targeted at households with incomes of no more than 80% of Area Median Income. Central to this strategy is the creation of a housing trust and revolving loan fund- the Ukiah Housing Trust Fund. Picture of Sun House Senior Apartments – PEP Housing, October 2017 A.Ukiah Housing Trust Fund (UHTF) The UHTF will serve as the umbrella for all affordable housing activities, including new and existing housing grants and programs. This provides a centralized and recognizable resource for participating households and affordable housing developers. Principal funding for the UHTF and its corresponding revolving loan fund is derived from former Redevelopment Agency housing bond proceeds. A majority of this funding is expected to be awarded to affordable housing developers in the form of below market interest rate loans and grants towards the production of housing units. Federal and state programs operated through the UHTF will largely focus on individual households. B. Activities Funded by the UHTF Activities funded are expected to include, 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 5 Page1 of 2 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; 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. C. UHTF Guidelines and Deployment Allocations Prior to the launching of the new Housing Trust Fund, Staff will develop UHTF guidelines for City Council review and approval. Included will be recommended deployment allocations for each of the major activities of the UHTF. D. Marketing and Engagement Housing Division Staff will design a marketing and engagement approach aligned with existingVisit Ukiah and other City of Ukiah marketing strategies. The approach is expected to include the development of marketing materials like informational flyers and handouts and the creation of a new Housing Division webpage. It is anticipated that existing Community Development and Planning Department webpages will be updated during the drafting of the new Housing Division webpage so that Department programs and resources are more synergized. Included in the marketing and engagement strategy will be a highlight of existing incentives and tools such as the Fee Deferral Program, Title 24 Rebate Program and other energy rebates available to developers. 2. Middle-Income Housing Strategy Ukiah’s Middle-Income Strategy seeks to remove impediments to housing development through regulatory relief and innovative zoning practices. A. Regulatory Relief Analysis Staff will investigate zoning ordinances and Ukiah City Code for possible relief and present a report with recommendations to Council. Specific areas of analysis will include the following: By-right residential uses in other zoning districts Reduction of parking and setback requirements Development of an offsite mitigation bank for Low Impact Development (LID) B. Community Benefit Zoning This is perhaps the most experimental approach in the City’s Housing Strategy. Staff will research possible regulations and policies to establish incentive-based zoning towards encouraging additional housing opportunities affordable to middle income households. A report of findings, with recommendations, will be presented to the Planning Commission for input prior to being presented to City Council. Included will be a short feasibility analysis into utilization of a Neighborhood Pilot Program and Middle Income Citizen Advisory Board. 6 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF CHAPTER 2, DIVISION 9 OF THE UKIAH CITY CODE TO SET FORTH IN GREATER DETAIL THE PROCEDURE FOR CALCULATING RESIDENTIAL DENSITY. The City Council of the City of Ukiah hereby ordains as follows: SECTION 1 – FINDINGS The City Council finds: 1.The current City Code does not describe with sufficient specificity whether the calculation of residential density on a given parcel should include, as part of the area of the parcel, adjacent public rights of way such as bounding streets. 2.Measuring the area of a given parcel to the centerline of streets or other public rights of way which are contiguous to the property lines of the parcel for the purpose of calculating residential density is consistent with the applicable provisions of the General Plan for the City of Ukiah. SECTION TWO. 1.Section 9030 in Article 4 of Chapter 2 in Division 9 of the Ukiah City Code, is hereby amended to read as follows: §9030 PURPOSE AND INTENT The medium density residential zoning district is intended to provide land area and opportunities for a range of densities and a variety of housing types, including townhomes, multiple-family residential development, and duplexes. The maximum density is one to fourteen (14) dwelling units per acre of land. The R-2 district is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses. The R-2 zoning district is consistent with the MDR (medium density residential) general plan land use designation. 2.Section 9224.12 in Article 18 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 “* **”): §9224.12 MIXED-USE PROJECTS *** D. Maximum Density: When residential units are combined with office or retail commercial uses in a single building or on the same site, the maximum density allowed by the applicable General Plan land use designation and zoning district shall be calculated 7 1 Attachment1 on the basis of the total area of the parcel. When calculating density for a particular parcel, City staff shall use the parcel area measured to the center line of streets or other public rights of way such as easements or other dedications for public purposes which are contiguous to the property lines of the parcel. 3. Section 9225.2, Table 4 is amended to read as follows (unchanged text is omitted and is shown by “* * *”): §9225.2 APPLICABILITY *** Table 4: Site Development Standards GENERAL DOWNTOWN MODIFICATION STANDARDS URBAN URBAN CENTERCORE TO STANDARD (1)GU UC DC (2) RESIDENTIAL DENSITY (Also Subject to Airport Zone Restrictions) (3) Minimum 10 units/ acre 15 units/acre 15 units/acre Major Exception Maximum (4) 28 units/acre 28 units/acre 28 units/acre Major Exception 4.Section 9278 in Article 21 of Chapter 2 in Division 9, Chapter 2 of the Ukiah City Code, is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”): § 9278 DEFINITIONS * * * DENSITY: The number of dwelling units per acre. When calculating density for a particular parcel, City staff shall use the parcel area measured to the center line of streets or other public rights of way such as easements or other dedications for public purposes which are contiguous to the property lines of the parcel. * * * 8 2 Attachment1 SECTION THREE. 1. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Ukiah hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. 2. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 3. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on February __, 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on ___________, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Kevin Doble, Mayor ATTEST: _______ Kristine Lawler, City Clerk 9 3 : 21 22 23 24 25 26 27 28 29 2: 31 32 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 2 16 Increase Potential =11% increase 2 5 22 158 Ordinance Under Proposed UNIT ESTIMATE Density Calculation 4 20 142 Regulations 1 Incl. ROWUnder Existing 3 ACRES 0.630.6818191 No ROW APPROXIMATE GROSS C1 with R1) ZONING (Split zoned Residential Density Calculations Table APN APNCURRENT Pending For Select Underutilized and Underdeveloped Properties 002-301-11R30.20.25671003-040-78C10.590.717203003-040-77C10.860.9224262001-306-06R20.930.9926282002-114-14C10.640.7518213002-150-04R30.470.53131 52002-150-30C10.730.8 (west) 52 Gross acres are estimated from aerial image and not based off of recorded survey or map.Fractional units of .5 or greater have been rounded up, .4 and less have been rounded down.Calculation: Estimated Gross Acres*28 "Right of Way (ROW)" connotes the area formed by multiplying the distance of street frontage of the parcel by the depth from the Calculation: (Estimated Gross Acres + Estimated ROW Area) * 28 LOCATION737 S Oak210 E Gobbi210 E Gobbi250 W Gobbi744 N State(east)744 N State155 Gibson215 Norton345 Main 12 3 parcel line to the center of the street 45 2 3 4 5 6 Buubdinfou2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 8 IN DIVISION 6, SECTION 9176 IN ARTICLE 16, CHAPTER 2 IN DIVISION 9, TABLE 3 IN SECTION 9223.1 OF ARTICLE 18, CHAPTER 2 IN DIVISION 9; AND SECTION 9261 IN ARTICLE 20, CHAPTER 2 IN DIVISION 9 OF THE UKIAH CITY CODE. 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 CHAPTER 8 CANNABIS RETAILERS §5700 FINDINGS AND PURPOSE The City Council adopts the ordinance codified in this chapter based upon the following findings: A. In 1970, Congress enacted the Controlled Substances Act ("CSA") which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States. B. In 1996, the voters of the State of California approved Proposition 215, or the Compassionate Use Act of 1996, codified at Health and Safety Code section 11362.5 et seq. (the "Act"). C. The Act creates a limited exception from criminal liability for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances. D. On January 1, 2004, SB 420 went into effect. SB 420, codified as Health and Safety Code sections 11362.7 through 11362.83 and known as the "Medical Marijuana Program" ("MMP") was enacted by the State Legislature to clarify the scope of the act and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420. E. After the enactment of the MMP and in authority to regulate medical marijuana cultivation and distribution, the City Council took legislative notice of the fact that California cities and counties that had permitted the establishment of medical marijuana dispensaries had experienced serious adverse impacts associated with and resulting from such dispensaries, including an increase in crime, including burglaries, robberies, violence, illegal sales of marijuana, use of marijuana by minors and other persons without medical need in the areas immediately surrounding such medical marijuana dispensaries; and malodorous smells, indoor fire hazards, mold, fungus, and pests caused by indoor cultivation at dispensaries. F. To address these potential adverse impacts, in 2007, the City Council enacted Ordinance 1095, §1 ("Medical Marijuana Dispensaries Ordinance"), which prohibited and declared a public nuisance medical marijuana dispensaries in the City of Ukiah. 7 Њ G. The 2007 Medical Marijuana Dispen intention is to prohibit the operation and location of dispensaries in the City "until such time as their legality is clearly established and a proposal can be developed that would satisfy the city council that the facility could operate without causing \[serious adverse impacts\]." H. On October 9, 2015, the Governor signed into law AB 266, AB 243, and SB 643, which together comprise the Medical Marijuana Regulation & Safety Act ("MMRSA"). The MMRSA, which went into effect on January 1, 2016, created a Statewide regulatory structure for the medical marijuana industry that also allows local governments to regulate the operation of marijuana businesses within their jurisdiction, pursuant to local ordinances. Specifically, the MMRSA allows the City of Ukiah to issue permits or licenses to operate marijuana businesses or prohibit their operation, to regulate or expressly prohibit the delivery of medical marijuana within its boundaries, and to regulate or expressly prohibit the cultivation of marijuana within its boundaries. Pursuant to the MMRSA, if the City opts not to expressly prohibit or regulate the cultivation, processing, delivery, and/or dispensing of medical marijuana, the State will be the sole licensing authority for these activities in the City. I. In order to maintain local control over the regulation of commercial cannabis activities in the City, in 2017, the City Council enacted Ordinance 1176, ("Medical Marijuana Dispensaries Ordinance II"), which regulates the operation of and sets forth a local permitting process for medical marijuana dispensaries in the City of Ukiah. J. On November 9, 2016, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA" or "Proposition 64") to legalize the recreational use of marijuana in California for individuals 21 years of age and older was approved by the voters of the State of California. K. In June of 2017, the California Legislature passed Senate Bill 94, which was signed by the Governor and went into effect immediately, and which repealed MMRSA entirely and merged certain portions of that law with AUMA to create a more comprehensive regulatory structure for both medical and recreational marijuana. L. The new comprehensive regulatory system created by Senate Bill 94, intended to regulate all commercial cannabis uses in the State, is called the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). M. The Act, MMP, AUMA, and MAUCRSA do not prevent a city from using its constitutional authority to enact nuisance, health and safety, and land use regulations regarding dispensaries or other commercial cannabis uses. N. The City Council believes that a regulated environment for commercial cannabis is preferable to an unregulated black market and, as such, desires to regulate all commercial cannabis businesses operating in the City of Ukiah, including cannabis retailers that sell cannabis for non-medical use, in a manner that mitigates potential negative impacts, prevents cannabis from reaching minors or the illicit market, preserves public health and safety, protects the environment, provides diverse economic opportunities, and implements the City's General Plan. O. To protect the public health, safety, and welfare, it is the desire of the City Council to modify the City Code consistent with the MMP, the AUMA, and the MAUCRSA, regarding the location and operation of cannabis dispensaries, delivery of cannabis within the boundaries of 8 Ћ the City, regulation of cannabis-related special events, and cultivation of cannabis within the boundaries of the City. P. There have been a number of marijuana dispensing-related incidents in California, some including acts of violence. Q. The City Council finds that cannabis dispensing which exceeds the limitations set forth in these regulations will likely result in an unreasonable risk of crime and other adverse impacts and will likely create offensive odors to persons living nearby. R. persons to engage in conduct that endangers others or causes a public nuisance; (2) allow the illegal use of cannabis, particularly the use of cannabis by minors who are not qualified patients; or (3) allow any activity relating to the distribution or consumption of cannabis that is otherwise illegal. S. This Chapter provides the development, operating, and permit standards for all commercial, retail cannabis uses to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, provide safe access to cannabis and provide opportunities for economic development. T. This Chapter is compatible with the general objectives of the General Plan, in that a cannabis dispensary use will be conditionally permitted in commercial and industrial districts, being similar to other permitted and conditionally permitted uses, such as pharmacies and medical clinics in the case of medical cannabis dispensaries and bars or cocktail lounges in the case of dispensaries serving adult use patrons, and in that the use will be subject to strict permit conditions and rigorous review. U. This Chapter will not be detrimental to the public health, safety and general welfare or adversely affect the orderly development of property, because the uses permitted under this chapter will be subject to careful review, limited in scope and location, and subject to strict operating requirements, avoiding or limiting potential negative effects. V. It is the purpose and intent of this Chapter to regulate cannabis dispensaries in order to promote the health, safety, morals, and general welfare of residents and businesses within the City. §5701 INTERPRETATION AND APPLICABILITY A. This chapter is not intended to create a positive conflict with the CSA, but rather to implement the AUMA, the MAUCRSA, and related State laws. B. Nothing in this chapter is intended, nor shall it be construed, to exempt any marijuana- related activity from any and all applicable local and State construction, electrical, plumbing, land use, or any other building, fire, or land use standards or permitting requirements. C. Nothing in this chapter is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of marijuana that is otherwise prohibited under California law. 9 Ќ D. All retail sales and delivery of cannabis within City limits shall be subject to the provisions of this chapter, even if the retail sales and delivery existed or occurred prior to adoption of this chapter. 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 section 26001(k) or as may be amended, or any commercial or noncommercial activity involving marijuana use for any purpose that is not otherwise authorized in the Ukiah City Code. §5702 DEFINITIONS For the purposes of this chapter, the following words and phrases shall have the following meaning: A. "Accessory building" shall have the same meaning as set forth in section 9278 of this code. B. - a person over the age of 21 with a valid state ID, who is qualified to purchase cannabis from an established cannabis business. C. "Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. D. Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether set forth Section 11032 of the Health and Safety Code, and as defined by other applicable state law. Safety Code. Cannabis is classified as an agricultural product separately from other agricultural crops. E. person or entity that is engaged in the conduct of any commercial Medical or Adult Use Cannabis business. F. means 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, and intended to be sold for either Medical or Adult Use. G. means a facility where Medical or Adult Use Cannabis or Medical or Adult Use Cannabis Products are offered, either individually or in any combination, for retail sale, including an establishment that delivers Cannabis or Cannabis Products as part of a retail sale. Also known as a Cannabis Dispensary or Dispensary. H. "City" means the City of Ukiah. I. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. retailer of any technology platform. : Ѝ J. "Dispensary" means a facility, whether fixed or mobile, operated in accordance with State and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis, products as part of a retail sale. K. "Dispensary Use Permit" means a permit required to operate a Cannabis Retail business within the City and that is issued pursuant to this chapter. L. "Drug paraphernalia" or "paraphernalia" shall have the same definition as set forth in section 6071 of this code. M. means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code. N. "Identification card" shall have the same definition as in California Health and Safety Code section 11362.7, and as it may be amended. O. "Medical cannabis" or "medicinal cannabis" means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act, MMP, and the MAUCRSA. P. "On site" means an activity or accessory use that is related to the primary use i.e., lawful, retail distribution of cannabis and is located on the same legal parcel as the primary use. Q. "Owner" shall have the same definition as in California Business and Professions Code section 26001, and as it may be amended. R. "Permittee" means the person to whom a Dispensary Use Permit is issued. S. "Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character. T. "Person with an identification card" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. U. "Physician" means a licensed medical doctor (M.D.) or a doctor of osteopathic medicine (D.O.). V. Dispensary Use Permit application that is owned, leased, or otherwise held under the control of the applicant where the commercial cannabis retail activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee. W. "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. 21 Ў X. "Qualified patient" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. Y. "School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including any other college or university. Z. "Use permit" shall have the same definition as set forth in section 9261 of this code and as it may be amended. AA. "Youth-oriented facility" means a public park, church, museum, library, or licensed daycare facility. BB. "Zoning administrator" means the Zoning Administrator of the City of Ukiah or the authorized representative thereof. §5703 DISPENSARY USE PERMIT REQUIRED TO OPERATE A. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a Cannabis Retail business unless the person first obtains and continues to maintain in full force and effect a Dispensary Use Permit from the City as required in this chapter. B. Any operation of a dispensary, cultivation of cannabis in conjunction with operation of a dispensary, or delivery of cannabis permitted by the City shall be conducted in accordance with this Chapter license classification under State law. The City recognizes that State law requires dual licensing at the state and local level for all Cannabis Businesses (Medical and Adult Use). All Cannabis Retailers shall therefore be required to diligently pursue and obtain a State cannabis license and shall comply at all times with all applicable State licensing requirements and conditions, including, but not limited to, operational standards such as, by way of illustration but not limitation, background checks, prior felony convictions, restrictions on multiple licenses and license types, and locational criteria. Failure to demonstrate dual licensing in accordance with this Chapter and within any deadlines established by State law shall be grounds for revocation of City approval. Revocation of a local Dispensary Use Permit and/or a State license shall terminate the ability of the Cannabis Retailer to operate until a new Permit and/or State license is obtained. C. The grant of a Dispensary Use Permit by the City shall not create an entitlement or vested right in the permittee to any permit or license to operate any other commercial cannabis businesses. §5704 TERM OF PERMITS AND RENEWALS REQUIRED A. Dispensary Use Permits issued under this chapter shall expire one year following the date of their issuance which date shall appear on the face of the permit. 22 Џ B. Dispensary Use Permits may be renewed by the Zoning Administrator for additional one- year periods upon application by the permittee, unless the permit is suspended or revoked in accordance with the provisions of this chapter. C. Applications for renewal shall be made at least forty-five (45) days before the expiration date of the permit and shall be accompanied by the nonrefundable application fee referenced in section 5706 of this Code and all information necessary for the Zoning Administrator to evaluate the renewal request in light of the criteria listed in subsection F of this section. In acting on an application for renewal, the Zoning Administrator shall follow the procedures set forth inSection 5711B and C, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. Upon timely application to renew a permit, the permit being renewed shall remain in effect until final action is taken to grant or deny the renewal application. D. Applications for renewal made less than forty-five (45) days before the expiration date shall be processed in the same manner as a timely renewal application but shall not stay the expiration date of the permit. E. Renewal applications shall be subject to duly noticed public hearings in accordance to the procedures set forth for minor use permit applications in Cection 9262 of this Code. F. In determining whether to renew a Dispensary Use Permit, the Zoning Administrator will consider the following nonexclusive criteria, in addition to those criteria set forth in this Chapter at Cection 5710 of this Code: 1. Whether the dispensary operated by the permittee has generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the dispensary. 2. 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, harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd conduct. 3. Whether the dispensary operated by the permittee has a history of inadequate safeguards or procedures that show it is likely that it will not comply with the operating requirements and standards in this chapter. 4. Whether the dispensary has failed to pay fees, penalties, or taxes required by this Code or has failed to comply with the production of records or other reporting requirements of this chapter. 5. Whether it appears that the permittee has, in its renewal application, provided a false statement of material fact or has knowingly omitted a material fact. 6. Whether the renewal applicant 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 a dispensary operator. 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 23 А 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. 7. Whether the renewal applicant or dispensary has previously or is currently engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. G. The Zoning Administrator shall make findings of fact and either grant, grant conditionally, or deny the application for renewal of a Dispensary Use Permit. An applicant aggrieved by the Dispensary Use Permit renewal may appeal such decision to the Planning Commission by filing an appeal. All determinations of the Zoning Administrator regarding Dispensary Use Permit renewals shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City Council from time to time, are filed with the Planning Department within ten (10) days of the date the decision was made. The appeal fee will be in addition to the nonrefundable renewal application fee. Appeals may be filed by an applicant. The Planning Commission shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in section 9266 of this Code, except that all references therein to the City Council shall be deemed to refer to the Planning Commission. At the close of the public hearing, the Planning Commission may affirm, reverse, or modify the appealed decision of the Zoning Administrator. All Planning Commission decisions on appeals of Dispensary Use Permit renewal are final for the City. §5705 GENERAL TAX LIABILITY As a prerequisite to obtaining a permit pursuant to the terms hereof, an operator of a dispensary shall also be required to apply for and obtain a business license or exemption from the City of Board of Equalization pursuant to Division 2, Part 2, Chapter 2, Article 2 of the Cal. Revenue and Taxation Code, commencing with section 6066e. Dispensary sales shall be subject to sales tax consistent with State law. §5706 IMPOSITION OF FEES Every application for a Dispensary Use Permit or renewal shall be accompanied by an application fee, as established by resolution of the City Council from time to time. This application or renewal fee shall not include fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or permit fee imposed by this cCode or other governmental agencies. Fingerprinting, photographing, and background check fees will be as established by resolution adopted by the City Council from time to time. §5707 LIMITATION ON LOCATION OF DISPENSARIES A. A Medical Cannabis Dispensary may be located within CN zoning district., . A Dispensary, including both Medical Cannabis and Adult Use Dispensaries, may be located in zoning districts as set forth in Division 9, Chapter 2 of this Code. B. A dispensary shall be in a visible location that provides good views of the dispensary entrance, windows and premises from a public street. 24 Б C. A dispensary shall not be allowed in the following areas at the time of its permitted establishment: 1. Within six hundred feet (600') of a school, with that distance measured as the horizontal distance in a straight line from the property line of the school to the closest property line of the lot on which the dispensary is to be located without regard to intervening structures, pursuant to California Health and Safety Code section 11362.768; or 2. Within two hundred fifty feet (250') of a youth-oriented facility other than a school, or another dispensary, with that distance measured by street frontage from the property line of the youth-oriented facility to the closest property line of the lot on which the dispensary is to be located, and not radial distance; or 3. Abutting, on any side of the parcel upon which the dispensary is located, a parcel occupied by a youth-oriented facility, a school, or another dispensary; or 4. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation. 5. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned property, unless there are intervening nonresidential uses between the dispensary and the residential unit or the residentially zoned property that the Planning Commission or, on appeal, the City Council determines sufficient to provide an appropriate separation. D. A waiver of the provisions in subsections C2 through 5 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the dispensary. §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 Section 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, 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 25 В not considered related to the qualifications, functions, or duties of a permittee, and shall not be the sole ground for denial of an application. B. Minors: 1. It is unlawful for any permittee, operator, or other person in charge of any dispensary to employ any person who is not at least twenty-one (21) years of age. 2. Persons under the age of eighteen (18) shall not be allowed on the premises of a Dispensary unless they are a qualified patient or a primary caregiver, they are in the presence of their parent or guardian, and the Dispensary in question dispenses cannabis for medical use. 3. The entrance to a Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian. For a Dispensary that serves only Adult Use patrons, the entrance shall be clearly and legibly posted with a notice indicating that persons under the age of twenty-one (21) are precluded from entering the premises. 4. The burden of proof is on the Dispensary personnel to establish compliance with this subsection B by clear and convincing evidence. C. Dispensary Access: 1. The entrance into the dispensary building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance. 2. Dispensary personnel shall monitor site activity, control loitering and site access. 3. Only dispensary staff, primary caregivers, qualified patients and persons with bona fide purposes for visiting the site shall be allowed on the premises at a dispensary that provides medical cannabis only. For dispensaries serving Adult Use patrons, only dispensary staff, persons over the age of twenty-one (21), and persons with bona fide purposes for visiting the site shall be allowed on the premises. 4. Potential patients or caregivers shall not visit a medical cannabis dispensary without first having obtained a valid written recommendation from their physician recommending use of medical cannabis. 5. Only a primary caregiver and qualified patient or persons over the age of twenty-one (21) shall be in the designated dispensing area with dispensary personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby. 6. Restrooms shall remain locked and under the control of management. D. Dispensing Operations: 26 ЊЉ 1. The dispensary may dispense no more dried medical cannabis or plants or cannabis products per qualified patient or caregiver than permitted in strict accordance with California Health and Safety Code section 11362.77 and any other applicable State law, and as amended, and may sell cannabis or cannabis products for Adult Use to an individual only in an amount consistent with personal possession and use limits allowed by the State 2. A dispensary selling medical cannabis shall only dispense medical cannabis to qualified patients or caregivers with: a. 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 b. A currently valid California Medical Marijuana Identification Card or a Patient ID Center Identification Card. 3. For qualified patients or caregivers without a California Medical Marijuana Identification Card or a Patient ID Center Identification Card, prior to dispensing medical cannabis, the dispensary shall obtain verbal, online, or signed verification from the cannabis is a qualified patient. 4. A dispensary shall not have a physician on site to evaluate patients and provide a recommendation for medical cannabis. 5. For Cannabis Retailers dispensing medical cannabis, patient records shall be maintained and verified as needed, and at least annually verified with the qualifying California Medical Marijuana Identification Card or a Patient ID Center Identification Card. 6. Chapter. The operator shall adjust the operations as necessary to address issues. E. Hours clock (9:00) P.M., seven (7) days a week. F. Consumption Restrictions: 1. Cannabis shall not be consumed on the premises of the dispensary. The term "premises" includes the actual building, as well as any accessory structures, parking 2. Dispensary operations shall not result in illegal redistribution of cannabis obtained from the dispensary, or use in any manner that violates local, State or City codes. 3. No person may consume cannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City owned parks and/or City sponsored events where designated as nonsmoking areas by resolution of the City 27 ЊЊ Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this Code and as amended, enclosed places and places of employment as defined in sections 4503 and 4505 of this Code and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public, except while actively passing through on the way to another destination. Nothing in this section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air Act of 1976, Health and Safety Code Section 118875 et seq. and as amended. 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. a. Except for immature nursery stock marijuana plants, or clones, that are not intended to be raised to maturity by the dispensary but instead sold to qualified patients and patrons, marijuana plants grown by the dispensary shall only be utilized for production of processed marijuana to dispense to patients or sell in legal quantities to eligible Adult Use patrons. b. A security plan for the growing area shall be submitted to the Ukiah Police Chief for review and approval. Such plan shall include: security alarms and surveillance systems; physical measures to prevent access to the area by anyone other than dispensary staff; and physical measures to prevent vehicle penetration of the growing area. c. The cultivation area shall include a one-hour firewall assembly and shall not create excessive humidity or mold conditions. The cultivation area shall have an air treatment system that prevents odors generated from the cultivation of marijuana on the dispensary property from being detected by any reasonable person of normal sensitivity outside the dispensary property, as set forth in subsection H4 of this section. The cannabis cultivation area shall be in compliance with the current, adopted edition of the California Building Code as regards natural ventilation or mechanical ventilation. d. Cultivation facilities are strongly encouraged to utilize the most water-efficient and environmentally responsible cultivation practices available. The City reserves the right to require annual reports on cultivation facility practices, including but not limited to cultivation mediums and water use methods. e. The cultivation use shall comply with applicable stormwater, wastewater, and Building Code requirements and any applicable State or Federal law, including the Clean Water Act, 33 USC section 1251 et seq. 2. With the approval of the Planning Commission, a dispensary may conduct or engage in the commercial sale of specific products, goods or services in addition to the provision of cannabis and other items permitted by these regulations on terms and conditions consistent with this Chapter and applicable law. 28 ЊЋ 3. Up to one hundred fifty (150) square feet of the total square footage of the dispensary may be utilized for display and sales of devices necessary for administering cannabis, including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. 4. Retail sales of cannabis that violate California law or this chapter are expressly prohibited. 5. A dispensary shall meet all the operating criteria for the sale of cannabis as is required pursuant to applicable State laws and regulations. H. Operating Plans: 1. Floor Plan: A dispensary shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing cannabis to qualified patients or designated caregivers or to eligible Adult Use patrons. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. 2. Storage: A dispensary shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of cannabis. 3. Minimum Staffing Levels: The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing cannabis. 4. Odors Control: The dispensary shall have an air treatment system that prevents odors generated from the storage and cultivation of cannabis on the dispensary property from being detected by any reasonable person of normal sensitivity outside the dispensary property. To achieve this, both the storage and cultivation areas shall be, at minimum, mechanically ventilated with a carbon filter or superior method. 5. Security Plans: A dispensary shall provide adequate security on the premises, as approved by the Chief of Police and reviewed by the Planning Commission, including lighting and a premises and panic alarm system monitored by a licensed operator, to ensure the safety of persons and to protect the premises from theft. 6. Security Cameras: Security surveillance cameras shall be installed to monitor the main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. The security surveillance system shall comply with current State standards for digital video surveillance systems to be installed on the premises of licensed Cannabis businesses, currently codified in the Cal. Code of Regulations, Title 16, Section 5044, and as may be amended. 7. Security Video Retention: Security video shall be maintained for ninety (90) days. In cameras, the dispensary shall provide the Chief of Police with a useable digital copy of the security video upon request or at the earliest convenience. 29 ЊЌ 8. Alarm System: Professionally monitored premises and panic alarm system shall be installed and maintained in good working condition. 9. Emergency Contact: A dispensary shall provide the Chief of Police with the name, e- mail address, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the dispensary. The dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the City. I. Signage and Notices: 1. A notice shall be clearly and legibly posted in the dispensary indicating that smoking, ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited. The notice shall be posted in both English and Spanish. 2. Signs on the premises shall not obstruct the entrance or windows. 3. Address identification shall comply with illuminated address signs requirements. 4. Business identification signage shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall comply with section 3227 of this Code and any other City Code provisions regulating signage. J. Employee Records: Each owner or operator of a dispensary shall maintain a current register of the names of all volunteers and employees currently working at or employed by the dispensary, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this chapter. K. Patient Records: Information identifying the names of patients, their medical conditions, or the names of their primary caregivers is confidential and such disclosure is prohibited pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (42 USC section 1320d et seq.) and the Confidentiality of Medical Information Act (California Civil Code section 56 et seq.). In order to protect patient confidentiality, the dispensary shall maintain records of all qualified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the State, or its agent, pursuant to California Health and Safety Code section 11362.7 et seq. Such records may be maintained on or off site, and shall be made available for inspection by any City official authorized to enforce this chapter for purposes of determining compliance with the requirements of this chapter. L. Staff Training: Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with State and local law, and the dispensary shall employ properly trained or use professionally hired security personnel in accordance with the conditions of its permit. All security personnel hired or contracted for by the Dispensary shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code, or as may be amended. M. Site Management: 2: ЊЍ 1. The operator of the establishment shall take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if directly related to the patrons of the subject dispensary. a. "Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in making the request. b. "Nuisance" includes, but is not limited to, disturbances of peace, open public consumption of marijuana or alcohol, excessive pedestrian or vehicular traffic, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or excessive police detentions and arrests. 2. The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours. 3. The operator shall provide dispensary patients and patrons with a list of the rules and regulations governing cannabis use and consumption within the City and recommendations on sensible cannabis etiquette. N. Compliance with Other Requirements: The operator shall comply with all applicable provisions of local, State or Federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. O. Confidentiality: The information provided for purposes of this section shall be maintained by the City as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction or otherwise compelled by court order. P. Display of Permit: Every dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the dispensary. Q. Reporting and Payment of Fees: Each permittee shall file an annual statement with the Planning Department: (1) indicating the number of patients served by the dispensary within the previous calendar year, if applicable, (2) the continuing accuracy of the information in the prior Dispensary Use Permit application, (3) documenting any changes or additions to that information as of the date for renewal of the Permit, any citizen complaints, City Code violations, City and State law governing the operation of Dispensaries, and (4) including any additional information the Planning Department deems necessary to administer this chapter, and pay all annual permit fees. R. Alcoholic Beverages: No Dispensary shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. 31 ЊЎ S. 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 D section shall be deemed a violation of this chapter. T. Notification of Theft, Loss, and Criminal Activity: Cannabis Retailer businesses shall comply with the California Code of Regulations, Title 16, Section 5036, or as may be amended, by notifying the applicable State authorities and the Ukiah Police Department within 24 hours of discovery of any of the following situations: 1. A significant discrepancy 2. The Operator becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity pertaining to the operations of the Retailer. 3. The Operator becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity by an agent or employee of the Retailer pertaining to the operations of the Retailer. 4. The Operator becomes aware of or has reason to suspect the loss or unauthorized alteration of records related to cannabis goods, patrons, or the Retailer 5. The Operator becomes aware of or has reason to suspect any other breach of security. The notification shall be in writing and include the date and time of occurrence of the theft, loss, or criminal activity and a description of the incident including, where applicable, the item(s) that were taken or lost. §5709 APPLICATION PREPARATION AND FILING A. Application Filing: A complete Dispensary Use Permit application submittal packet shall be submitted in accordance with section 9262 of this Code, including a detailed written statement as to how the proposed dispensary complies with sections 5707 and 5708 of this Code, and any other information or submissions required by this chapter. All applications for Dispensary Use Permits shall be filed with the Planning Department, using forms provided by the City, and accompanied by the applicable filing fee and any other applicable fees or charges. It is the responsibility of the applicant to provide information required for approval of the permit. The application shall be made under penalty of perjury. B. Eligibility for Filing: Applications may only be filed by the owner of the subject property, or person with a lease signed by the owner or duly authorized agent allowing them to occupy the property for the intended use. If the applicant is a lessee, a copy of the duly executed lease currently in effect must accompany the application. C. Filing Date: The filing date of any application shall be the date when the City receives the last submission of information or materials required in compliance with the submittal requirements specified herein. D. Effect of Incomplete Filing: Upon notification that an application submittal is incomplete, the applicant shall submit any additional documents or information required to complete the 32 ЊЏ application within thirty (30) days of the date the applicant is notified in writing by the Planning Department that the application is incomplete. If the applicant fails to complete the application within said thirty (30) days, the application shall be deemed withdrawn and a new application submittal that complies with subsections A and F of this section shall be required in order to proceed with the application. E. Effect of Other Permits or Licenses: The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a Dispensary Use Permit. F. Submittal Requirements: Any application for a Dispensary Use Permit shall include the following information: 1. Applicant(s) Name: The full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), present address, and telephone number of the applicant; 2. Applicant(s) Mailing Address: The address to which notice of action on the application is to be mailed; 3. Previous Addresses: Previous addresses for the past five (5) years immediately prior to the present address of the applicant; 4. Verification of Age: Written proof that the applicant is over the age of twenty-one (21) years of age; 5. hair; 6. Photographs: Passport quality photographs for identification purposes; 7. Employment History: All business, occupation, or employment of the applicant for the five (5) years immediately preceding the date of the application; 8. Tax History: The dispensary business tax history of the applicant, including whether such person, in previously operating in this or another city, county or state under license has had a business license revoked or suspended, the reason therefor, and the business or activity or occupation in which the applicant engaged subsequent to such action of suspension or revocation; 9. Management Information: The name or names and addresses of the person or 10. Criminal Background: A background investigation verifying whether the person or convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefor; 11. Employee Information: Number of employees, volunteers, and other persons who will work at the dispensary; 33 ЊА 12. Plan of Operations: A plan of operations describing how the dispensary will operate consistent with the intent of State law and the provisions of this chapter, including but not limited to: a. Ensuring that the dispensary will not engage in retail sales of cannabis that violate California law or this chapter. b. Controls that will assure cannabis will be dispensed or sold to qualifying patients or caregivers or eligible Adult Use patrons only. c. Controls that will ensure access to dispensary premises is adequately monitored and restricted to preapproved qualified patients and caregivers or to eligible Adult Use Patrons only. 13. If delivery services will be provided, the application shall describe the operational plan for delivery services and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this Chapter, in particular Section 5717, and State law. 14. Written Project Description: A written description summarizing the proposed Dispensary use size, number of patients or patrons, characteristics and intent; 15. Written Response to Dispensary Standards: The applicant shall provide a comprehensive written response identifying how the Dispensary plan complies with each of the standards for review in this chapter, specifically the limitation on location and operating requirements in sections 5707 and 5708 of this Code; 16. Written Response to Criteria for Review Section: The applicant shall provide a written response indicating the method by which each of the criteria for review enumerated in section 5710 of this Code has been satisfied; 17. Security Plan: A detailed security plan outlining the proposed security arrangements for ensuring the safety of persons and to protect the premises from theft. The plan shall include installation of security cameras, a premises and panic alarm system monitored by a licensed operator, and a security assessment of the site conducted by a qualified professional; 18. Floor Plan: A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the dispensary. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6"); 19. Site Plan: A sketch or diagram showing exterior configuration of the premises, including the outline of all structures, parking and landscape areas, and property boundaries. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six inches (6"); 20. Accessibility Evaluation: A written evaluation of accessibility to and within the building, and identification of any planned accessibility improvements; 34 ЊБ 21. Neighborhood Context Map: An accurate straight-line drawing depicting the building and the portion thereof to be occupied by the dispensary, and: (a) the property lines of any school within six hundred feet (600') of the property line of the dispensary for which a permit is requested, (b) the property lines of any dispensary within two hundred fifty feet (250') of the primary entrance of the dispensary for which a permit is requested, and (c) the property lines of any youth-oriented facility or residential zone or use within two hundred fifty feet (250') of the primary entrance of the dispensary; 22. Lighting Plan: A lighting plan showing existing and proposed exterior premises and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use and comply with all City standards regarding lighting design and installation. All lighting shall be fully hooded and downcast, and shall not shine towards the night sky, adjacent property or any street; 23. City Authorization: Written authorization for the City, its agents and employees to seek verification of the information contained within the application; 24. certifies under penalty of perjury that the applicant has the consent of the property owner and landlord to operate a dispensary at the location; 25. certifies under penalty of perjury that all the information contained in the application is true and correct; 26. Other Information: Such other information as deemed necessary by the Planning Department to demonstrate compliance with this Chapter including all City and State codes, including operating requirements established in this chapter. G. Renewal: Applications for one-year renewal shall be accompanied by the following minimum information: 1. The operator shall report the number of patients or patrons served and pay applicable fees, as required by this Chapter. 2. The operator shall provide a detailed description of any adjustments and changes proposed or that have occurred in dispensary operations to address issues, or comply with laws. 3. The operator shall identify any problems encountered during operations and how they have been addressed. 4. The operator shall identify how the dispensary has managed its operations to comply with the operating requirements of this chapter and with State law. §5710 CRITERIA FOR REVIEW In addition to the findings required in section 9262 of this Code, the Planning Commission shall consider the following criteria in determining whether to grant or deny a Dispensary Use Permit, 35 ЊВ and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Dispensary Use Permit: A. That the Dispensary Use Permit is consistent with the intent of the Compassionate Use Act of 1996, the AUMA, the MAUCRSA, and related State law, the provisions of this Chapter and the City Code, including the application submittal and operating requirements herein. B. That the Dispensary location is not identified as having significant crime issues (e.g., based upon crime reporting statistics as maintained by the Police Department). C. That there have not been significant numbers of calls for police service, crimes or arrests in the area or to an existing Dispensary location. D. That an applicant or employee is not under twenty-one (21) years of age. E. That all required application materials have been provided and/or the Dispensary has operated successfully in a manner that shows it would comply with the operating requirements and standards specified in this chapter. F. That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. G. That the location is not prohibited by the provisions of this chapter or any local or State law, statute, rule or regulation and no significant nuisance issues or problems are anticipated or have resulted from dispensary operations. H. That the site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime-related problems and as specified in the operating requirements in section 5708 of this Code. These features may include, but are not limited to, security on site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. I. That no Dispensary use, owner, operator, permittee, agent, or employee has violated any provision of this chapter including grounds for suspension, modification or revocation of a permit. J. That all reasonable measures have been incorporated into the plan and/or consistently vandalism, crowd control inside or outside the premises, traffic control problems, marijuana use in public, or creation of a public or private nuisance, or interference with the operation of another business. K. That the dispensary would not adversely affect the health, peace or safety of persons living or working in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or contribute to a public nuisance; or that the dispensary has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, marijuana use in public, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests. 36 ЋЉ L. That any provision of the City Code or condition imposed by a City issued permit, or any provision of any other local or State law, regulation, or order, or any condition imposed by permits issued in compliance with those laws has not been violated. M. That the applicant has not violated any local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of marijuana. N. That the applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit. O. That the applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has not been convicted of a felony, or of a misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. P. That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. Q. That adequate parking for medical cannabis dispensaries will be provided at a rate of one space for every two hundred (200) gross square feet of retail space, office space, and similar floor areas, pursuant to section 9198(F)(1) of this Code. Furthermore, that adequate parking for Cannabis Retailers generally will be provided at a rate of one space for every two hundred fifty (250) square feet of gross, leasable space, pursuant to section 9198(B)(1) of this Code. However, if the dispensary to be operated by the applicant does not dispense cannabis to patients or eligible Adult Use patrons on site but services qualified patients and patrons through deliveries in compliance with Section 5717 of this Code, 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 Section 9198(G)(3) of this Code. §5711 INVESTIGATION AND ACTION ON APPLICATION After the making and filing of a complete application for the Dispensary Use Permit and the payment of the fees, the applicant shall complete a fingerprint background check and the Police Department shall conduct an investigation of the application. In processing the application: A. The Planning Department shall refer the application to any other City departments as necessary to complete the review of the application. B. Following provision of complete application materials, inter-departmental review, and compliance with the California Environmental Quality Act, the Planning Department shall schedule the Dispensary Use Permit for Planning Commission review. In making a decision to grant or deny the application the Planning Commission shall follow the notice and hearing procedures and make the findings required by sections 9262C through F of this Code and shall either grant or deny the application in accordance with the provisions of this chapter. C. In approving a Dispensary Use Permit, the Planning Commission may impose conditions, restrictions or require revisions to the proposal to comply with the purpose and intent of this chapter. 37 ЋЊ D. The Planning Department shall cause a written notice of the Planning Commission decision to issue or deny a permit to be mailed to the applicant by U.S. mail. §5712 APPEAL FROM PLANNING COMMISSION DETERMINATION A. An applicant aggrieved by the Planning Commission decision to issue or to deny a Dispensary Use Permit may appeal such decision to the City Council by filing an appeal. All determinations of the Planning Commission regarding Dispensary Use Permits shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City Council from time to time, are filed with the City Council within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. B. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the procedures applicable to an appeal of a decision to grant or deny a use permit as set forth in Division 9, Chapter 2, Article 20 of this Code. At the close of the public hearing, the City Council may affirm, reverse, or modify the appealed decision of the Planning Commission. All City application for a Dispensary Use Permit are final for the City. §5713 REVOCATION A. Any Dispensary Use Permit issued under the terms of this chapter may be revoked by the Zoning Administrator, when it shall appear to the Administrator that the use for which the Permit was granted is not being conducted in compliance with the Permit as conditioned, the permittee has violated any of the requirements of this chapter, or the dispensary is operated in a manner that violates the provisions of this Chapter, including the criteria for review and operating requirements sections, or conflicts with State law. B. The Zoning Administrator shall conduct revocation proceedings in compliance with section 9262H of this Code, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. Notice of the hearing required by said section shall be given in compliance with section 9262C of this Code. In addition, notice of the revocation hearing, including a description of the facts and violations relied upon in seeking revocation, shall be served on the permit holder by personal service, overnight courier or registered United States mail, return receipt requested, not later than ten (10) days prior to the hearing. Service shall be deemed complete when received by the permit holder or forty-eight (48) hours after deposit in the United States mail, whichever occurs first. Notice shall be sent to the address as shown on the permit application or to an address which the permit holder has requested in writing that the City use for official communications. The address shall not be a post office box, but must be a physical address. C. If any person holding a permit or acting under the authority of such permit under this chapter is convicted of a public offense in any court for any offense that would constitute a violation of their Dispensary Use Permit or this Chapter, the Zoning Administrator may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. D. The final decision of the Zoning Administrator to revoke a Dispensary Use Permit may be appealed to the Planning Commission. The appeal hearing shall be conducted in compliance 38 ЋЋ with Section 9266 of this Code, except that all references therein to the City Council in an appeal of a Zoning Administrator decision shall be deemed to refer to the Planning Commission. §5714 EFFECT OF REVOCATION When a final decision has been made revoking any Dispensary Use Permit provided for in this Chapter, no new application for a dispensary use permit shall be accepted from the applicant and no such 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 for a period of three (3) years after the action revoking the Permit. §5715 TRANSFER OF PERMITS A. A permittee shall not operate a dispensary under the authority of a Dispensary Use Permit at any place other than the address of the dispensary stated in the application for the Permit. B. A permittee shall not transfer ownership or control of a dispensary, including by transferring a controlling interest in the permittee, or transfer a Dispensary Use Permit to another person or entity unless and until the transferee obtains its own Dispensary Use Permit. Any other assignment of a Dispensary Use Permit is prohibited. C. No Dispensary Use Permit may be transferred when the Zoning Administrator or Planning Commission have notified the permittee that the Permit has been or may be revoked. D. Any attempt to transfer a Dispensary Use Permit either directly or indirectly in violation of this section is declared void, and the Permit shall be deemed revoked. §5716 TIME LIMIT FOR FILING APPLICATIONS UPON ANNEXATION Any dispensary that was legally established in Mendocino County ("County") and which is subsequently annexed into the City must apply for and obtain a Dispensary Use Permit in compliance with the provisions of this chapter within ninety (90) days from the date the annexation becomes effective. Continued operation of a dispensary without a Permit more than ninety (90) days after annexation shall constitute a violation of this chapter, unless an extension demonstration of reasonable grounds to do so. §5717 MARIJUANA DELIVERY A. A permitted dispensary located in the City may deliver marijuana to qualified patients and caregivers and to persons eligible for adult-use at their residence in the City or to the same . Such permissible delivery of marijuana to qualified patients or adults over the age of 21 years within the City limits shall be limited to delivery by lawfully operated, permitted dispensaries located within the jurisdictional limits of the City. Any individual engaging in the activity of delivering cannabis from a permitted dispensary to a qualified patient must have a City of Ukiah business license in accordance with Division 2, Chapter 1, Article 3 of this Code. All other marijuana delivery is a prohibited activity in the City, except where the City is preempted by Federal or State law from enacting a prohibition on such activity. 39 ЋЌ B. In conformity with section 6001 of this Code, it shall be unlawful for any qualified individual engaging in the activity of delivering cannabis from a permitted dispensary to a qualified patient to be in an intoxicated condition or under the influence of narcotic drugs within the corporate City limits of the City in, on, or about any automobile, motorcycle, motor vehicle, street car, railroad car or other vehicle. §5718 VIOLATIONS A. It is unlawful for any person, individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this chapter. B. A violation of this Chapter shall be subject to the enforcement and penalties specified in Section 5722 of this Code. §5719 REMEDIES This chapter shall be subject to enforcement pursuant to Division 9, Chapter 2, Article 22 of this Code. §5720 SEPARATE OFFENSE FOR EACH DAY Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. §5721 HOLD HARMLESS As a condition of approval of any permit issued pursuant to this chapter for cannabis cultivation, processing, or distribution, the permittee shall indemnify, defend and hold harmless the City of Ukiah and its agents, officers, elected officials, and employees for any claims, damages, or es, adjacent or nearby property owners or other third parties due to permitted uses or operations, and for any expense incurred by City as a result of or in defense of any such claim. §5722 PENALTIES A. It shall be unlawful and constitute a misdemeanor for any person to violate the provisions of this chapter, punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment in the County jail for a period of not more than six (6) months or both. This penalty shall not apply, if prohibited by State law. B. The penalty provided herein is in addition to any other penalty or remedy available at law or in equity, whether civil or criminal, for any violation of this chapter or engaging in activity requiring a City license or permit, including, without limitation, a business license or building permit, without first obtaining such permit or license. §5723 JUDICIAL REVIEW 3: ЋЍ Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure section 1994.6 which shall be applicable for such actions. SECTION 2 Article 15.6 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read §9173 PURPOSE Sections 9173.2 through 9173.7 in this article provide site planning, development, and/or operational standards for certain land uses that are allowed in certain zoning districts without discretionary review. The standards for each use are intended to mitigate any potentially adverse impacts associated with the specific use. §9173.1 APPLICABILITY The land uses and activities included in sections 9173.2 through 9173.7 of this code shall comply with the provisions of the section applicable to the specific land use, in addition to all other applicable provisions of this article and the Ukiah City Code. A. Where Allowed: The uses that are subject to the standards in sections 9173.2 through 9173.7 of this code shall only be located in the zoning districts indicted herein. B. Development Standards: The standards for specific land uses included in sections 9173.2 through 9173.7 of this code are required and supplement those included in the Ukiah City Code. In the event of any conflict between the requirements of sections 9173.2 through 9173.7 of this code and those included elsewhere in the City Code, the requirements of sections 9173.2 through 9173.7 of this code shall control. * * * SECTION 3 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 Retailer is an allowable use with a Dispensary Use Permit (DUP) in the General Urban (GU), Urban Center (UC), and Downtown Core (DC) zoning districts. SECTION 4 Article 20 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as §9261 DISCRETIONARY PLANNING PERMITS * * * D. *** 41 ЋЎ * * * 5. a. In all Zoning Districts in which they are a permitted use, the following Cannabis Related Businesses shall be considered major uses: Cannabis Cultivation Large Indoor. Cannabis Cultivation Large Mixed-Light. Cannabis Cultivation Medium Indoor. Cannabis Cultivation Medium Mixed-Light. Cannabis Cultivation Small Indoor. Cannabis Cultivation Small Mixed-Light. Cannabis Cultivation Specialty Cottage. Cannabis Cultivation Specialty Indoor. Cannabis Cultivation Specialty Mixed Light. Cannabis Microbusiness. Cannabis Nursery. Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review, and shall be subject to annual review and revocation according to the procedures set forth in Section 9262, subsections K and L of this Article. b. In all Zoning Districts in which they are a permitted use, the following Cannabis Related Businesses shall be considered minor uses: Cannabis Distribution Cannabis Manufacturing Level 1 Minor Use Permits issued for Cannabis Related Businesses shall be subject to annual review, and shall be subject to annual review and revocation according to the procedures set forth in Section 9262, subsections K and L of this Article. c. In the Heavy Commercial (C-2) and Manufacturing (M) Zoning Districts zoning districts, Cannabis Testing Laboratories shall be considered a minor use. In the Community Commercial zoning district (C-1) and General Urban (GU), Urban Center (UC), and Downtown Core (DC) zoning districts, Cannabis Testing Laboratories shall be considered a major use. d. In all Zoning Districts in which they are a permitted use, Cannabis Retailers will be required to obtain a Dispensary Use Permit, as set forth in Chapter 8 of Division 6 of this Code. SECTION 5 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 42 ЋЏ 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 _______, 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on __________, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Kevin Doble, Mayor ATTEST: __________________ Kristine Lawler, City Clerk 43 ЋА Buubdinfou3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 8 IN DIVISION 6, SECTION 9176 IN ARTICLE 16, CHAPTER 2 IN DIVISION 9, TABLE 3 IN SECTION 9223.1 OF ARTICLE 18, CHAPTER 2 IN DIVISION 9; AND SECTION 9261 IN ARTICLE 20, CHAPTER 2 IN DIVISION 9 OF THE UKIAH CITY CODE. 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 CHAPTER 8 MEDICAL MARIJUANA DISPENSARIESCANNABIS RETAILERS §5700 FINDINGS AND PURPOSE The City Council adopts the ordinance codified in this chapter based upon the following findings: A. In 1970, Congress enacted the Controlled Substances Act ("CSA") which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States. B. In 1996, the voters of the State of California approved Proposition 215, or the Compassionate Use Act of 1996, codified at Health and Safety Code section 11362.5 et seq. (the "Act"). C. The Act creates a limited exception from criminal liability for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances. D. On January 1, 2004, SB 420 went into effect. SB 420, codified as Health and Safety Code sections 11362.7 through 11362.83 and known as the "Medical Marijuana Program" ("MMP") was enacted by the State Legislature to clarify the scope of the act and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420. E. authority to regulate medical marijuana cultivation and distribution, the City Council took legislative notice of the fact that California cities and counties that had permitted the establishment of medical marijuana dispensaries had experienced serious adverse impacts associated with and resulting from such dispensaries, including an increase in crime, including burglaries, robberies, violence, illegal sales of marijuana, use of marijuana by minors and other persons without medical need in the areas immediately surrounding such medical marijuana dispensaries; and malodorous smells, indoor fire hazards, mold, fungus, and pests caused by indoor cultivation at dispensaries. F. To address these potential adverse impacts, in 2007, the City Council enacted Ordinance 1095, §1 ("Medical Marijuana Dispensaries Ordinance"), which prohibited and declared a public nuisance medical marijuana dispensaries in the City of Ukiah. 44 Њ G. intention is to prohibit the operation and location of dispensaries in the City "until such time as their legality is clearly established and a proposal can be developed that would satisfy the city council that the facility could operate without causing \[serious adverse impacts\]." H. On October 9, 2015, the Governor signed into law AB 266, AB 243, and SB 643, which together comprise the Medical Marijuana Regulation & Safety Act ("MMRSA"). The MMRSA, which went into effect on January 1, 2016, created a Statewide regulatory structure for the medical marijuana industry that also allows local governments to regulate the operation of marijuana businesses within their jurisdiction, pursuant to local ordinances. Specifically, the MMRSA allows the City of Ukiah to issue permits or licenses to operate marijuana businesses or prohibit their operation, to regulate or expressly prohibit the delivery of medical marijuana within its boundaries, and to regulate or expressly prohibit the cultivation of marijuana within its boundaries. Pursuant to the MMRSA, if the City opts not to expressly prohibit or regulate the cultivation, processing, delivery, and/or dispensing of medical marijuana, the State will be the sole licensing authority for these activities in the City. I. In order to maintain local control over the regulation of commercial cannabis activities in the City, in 2017, the City Council enacted Ordinance 1176, ("Medical Marijuana Dispensaries Ordinance II"), which regulates the operation of and sets forth a local permitting process for medical marijuana dispensaries in the City of Ukiah. J. On November 9, 2016, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA" or "Proposition 64") to legalize the recreational use of marijuana in California for individuals 21 years of age and older was approved by the voters of the State of California. K. In June of 2017, the California Legislature passed Senate Bill 94, which was signed by the Governor and went into effect immediately, and which repealed MMRSA entirely and merged certain portions of that law with AUMA to create a more comprehensive regulatory structure for both medical and recreational marijuana. L. The new comprehensive regulatory system created by Senate Bill 94, intended to regulate all commercial cannabis uses in the State, is called the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). M. The Act, MMP, AUMA, and MAUCRSA do not prevent a city from using its constitutional authority to enact nuisance, health and safety, and land use regulations regarding dispensaries or other commercial cannabis uses. N. The City Council believes that a regulated environment for commercial cannabis is preferable to an unregulated black market and, as such, desires to regulate all commercial cannabis businesses operating in the City of Ukiah, including cannabis retailers that sell cannabis for non-medical use, in a manner that mitigates potential negative impacts, prevents cannabis from reaching minors or the illicit market, preserves public health and safety, protects the environment, drivesprovides diverse economic opportunities, and implements the City's General Plan. IO. To protect the public health, safety, and welfare, it is the desire of the City Council to modify the City Code consistent with the MMP and the MMRSA, the AUMA, and the 45 Ћ MAUCRSA, regarding the location and operation of medical marijuanacannabis dispensaries, delivery of medical marijuanacannabis within the boundaries of the City, regulation of cannabis- related special events, and cultivation of medical marijuanacannabis within the boundaries of the City. JP. There have been a number of marijuana dispensing-related incidents in California, some including acts of violence committed by persons without a legitimate medical need to use marijuana. KQ. The City Council finds that medical marijuanacannabis dispensing which exceeds the limitations set forth in these regulations will likely result in an unreasonable risk of crime and other adverse impacts and will likely create offensive odors to persons living nearby. LR. persons to engage in conduct that endangers others or causes a public nuisance; (2) allow the illegal use of marijuana for non-medical purposescannabis, particularly the use of cannabis by minors who are not qualified patients; or (3) allow any activity relating to the distribution or consumption of marijuana cannabis that is otherwise illegal. M. Pursuant to California Health and Safety Code section 11362.71 et seq., the State maintaining a voluntary medical marijuana identification card program for qualified patients and primary caregivers. N. Health and Safety Code section 11362.71(b) requires every county health department, or its designee, to implement a procedure to accept and process applications from those seeking to join the identification program in the manner set forth in Health and Safety Code section 11362.71 et seq. S. This Chapter contains standards for all commercial, retail cannabis uses that provides the development, operating, and permit standards for all commercial, retail cannabis uses to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, provide safe access to cannabis and provide opportunities for economic development. OT. This Cchapter is compatible with the general objectives of the General Plan, in that a medical marijuanacannabis dispensary use will be conditionally permitted in commercial and industrial districts, being similar to other permitted and conditionally permitted uses, such as pharmacies and medical clinics in the case of medical cannabis dispensaries and bars or cocktail lounges in the case of dispensaries serving adult use patrons, and in that the use will be subject to strict permit review and conditions and rigorous review. PU. This Cchapter will not be detrimental to the public health, safety and general welfare or adversely affect the orderly development of property, because the uses permitted under this chapter will be subject to careful review, limited in scope and location, and subject to strict operating requirements, avoiding or limiting potential negative effects. QV. It is the purpose and intent of this Cchapter to regulate medical marijuanacannabis dispensaries in order to promote the health, safety, morals, and general welfare of residents and businesses within the City. 46 Ќ §5701 INTERPRETATION AND APPLICABILITY A. This chapter is not intended to create a positive conflict with the CSA, but rather to implement the AUMA, the MAUCRSA, MMRSA and related State laws. B. Nothing in this chapter is intended, nor shall it be construed, to exempt any marijuana- related activity from any and all applicable local and State construction, electrical, plumbing, land use, or any other building, fire, or land use standards or permitting requirements. C. Nothing in this chapter is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of marijuana that is otherwise prohibited under California law. D. All processing and distributionretail sales and delivery of medical marijuanacannabis within City limits shall be subject to the provisions of this chapter, even if the processing, distribution, or cultivationretail sales and delivery existed or occurred prior to adoption of this chapter. 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 section 26001(k) or as may be amended, or any commercial or noncommercial activity involving marijuana use for recreational or other nonmedicalany purposes that is not otherwise authorized in the Ukiah City Code. §5702 DEFINITIONS For the purposes of this chapter, the following words and phrases shall have the following meaning: A. "Accessory building" shall have the same meaning as set forth in section 9278 of this code. B. - a person over the age of 21 with a valid state ID, who is qualified to purchase cannabis from an established cannabis business. BC. "Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. D. Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including set forth Section 11032 of the Health and Safety Code, and as defined by other applicable state law. Safety Code. Cannabis is classified as an agricultural product separately from other agricultural crops. E. the conduct of any commercial Medical or Adult Use Cannabis business. F. means 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 47 Ѝ concentrated cannabis and other ingredients, and intended to be sold for either Medical or Adult Use. G. means a facility where Medical or Adult Use Cannabis or Medical or Adult Use Cannabis Products are offered, either individually or in any combination, for retail sale, including an establishment that delivers Cannabis or Cannabis Products as part of a retail sale. Also known as a Cannabis Dispensary or Dispensary. CH. "City" means the City of Ukiah. DI. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. shall have the same definition as set forth in California Business and Professions Code section 26001, and as it may be amended. J. "Dispensary" means a facility, whether fixed or mobile, operated in accordance with State and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis, products as part of a retail sale. EK. "Dispensary Uuse Ppermit" means a permit required to operate a medical marijuana dispensaryCannabis Retail business within the City and that is issued pursuant to this chapter. FL. "Drug paraphernalia" or "paraphernalia" shall have the same definition as set forth in section 6071 of this code. M. means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code. GN. "Identification card" shall have the same definition as in California Health and Safety Code section 11362.7, and as it may be amended. HO. "Medical cannabis" or "medicinal cannabis" means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act, MMP, and the MAUCRSA. "Medical marijuana dispensary" or "dispensary" means a "dispensary" as defined in California Business and Professions Code section 26001, as it now reads or may be amended in the future. IP. "On site" means an activity or accessory use that is related to the primary use i.e., lawful, retail distribution of medical marijuanacannabis and is located on the same legal parcel as the primary use. Q. "Owner" shall have the same definition as in California Business and Professions Code section 26001, and as it may be amended. JR. "Permittee" means the person to whom a Ddispensary Uuse Ppermit is issued. 48 Ў KS. "Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character. LT. "Person with an identification card" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. MU. "Physician" means a licensed medical doctor (M.D.) or a doctor of osteopathic medicine (D.O.). V. Dispensary Use Permit application that is owned, leased, or otherwise held under the control of the applicant where the commercial cannabis retail activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee. NW. "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. OX. "Qualified patient" shall have the same definition as set forth in California Health and Safety Code section 11362.7, and as it may be amended. PY. "School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including any other college or university. QZ. "Use permit" shall have the same definition as set forth in section 9261 of this code and as it may be amended. RAA. "Youth-oriented facility" means a public park, church, museum, library, or licensed daycare facility. SBB. "Zoning administrator" means the Zoning Administrator of the City of Ukiah or the authorized representative thereof. §5703 DISPENSARY USE PERMIT REQUIRED TO OPERATE A. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of a medical marijuana dispensaryCannabis Retail business unless the person first obtains and continues to maintain in full force and effect a Ddispensary Uuse Ppermit from the City as required in this chapter. B. After January 1, 2018, or such time when State implementing regulations are in effect for the MMRSA, whichever is earlier, it shall be unlawful to operate any business or conduct any activity in the City for which a State license is required under the MMRSA without also having a valid State license pursuant to the MMRSA. Prior to implementation of the State license program pursuant to MMRSA, any operation of a dispensary, cultivation of medical marijuanacannabis in conjunction with operation of a dispensary, or delivery of medical marijuanacannabis permitted by the City shall be conducted in accordance with this 49 Џ chapterChapter equivalent license classification under the MMRSAState law. The City recognizes that State law requires dual licensing at the state and local level for all Cannabis Businesses (Medical and Adult Use). All Cannabis Retailers shall therefore be required to diligently pursue and obtain a State cannabis license and shall comply at all times with all applicable State licensing requirements and conditions, including, but not limited to, operational standards such as, by way of illustration but not limitation, background checks, prior felony convictions, restrictions on multiple licenses and license types, and locational criteria. Failure to demonstrate dual licensing in accordance with this Chapter and within any deadlines established by State law shall be grounds for revocation of City approval. Revocation of a local Dispensary Use Permit and/or a State license shall terminate the ability of the Cannabis Retailer to operate until a new Permit and/or State license is obtained. C. The grant of a Ddispensary Uuse Ppermit by the City shall not create an entitlement or vested right in the permittee to any permit or license to operate any other commercial, nonmedical marijuana cannabis businesses or conduct any commercial, nonmedical marijuana activities within the City. §5704 TERM OF PERMITS AND RENEWALS REQUIRED A. Dispensary Uuse Ppermits issued under this chapter shall expire one year following the date of their issuance which date shall appear on the face of the permit. B. Dispensary Uuse Ppermits may be renewed by the Zoning Administrator for additional one- year periods upon application by the permittee, unless the permit is suspended or revoked in accordance with the provisions of this chapter. C. Applications for renewal shall be made at least forty-five (45) days before the expiration date of the permit and shall be accompanied by the nonrefundable application fee referenced in section 5706 of this Ccode and all information necessary for the Zoning Administrator to evaluate the renewal request in light of the criteria listed in subsection F of this section. In acting on an application for renewal, the Zoning Administrator shall follow the procedures set forth in Ssection 5711B and C, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. Upon timely application to renew a permit, the permit being renewed shall remain in effect until final action is taken to grant or deny the renewal application. D. Applications for renewal made less than forty-five (45) days before the expiration date shall be processed in the same manner as a timely renewal application but shall not stay the expiration date of the permit. E. Renewal applications shall be subject to duly noticed public hearings in accordance to the procedures set forth for minor use permit applications in Csection 9262 of this Ccode. F. In determining whether to renew a Ddispensary Uuse Ppermit, the Zoning Administrator will consider the following nonexclusive criteria, in addition to those criteria set forth in this Cchapter at Csection 5710 of this Ccode: 4: А 1. Whether the dispensary operated by the permittee has generated an excessive number of calls for police service compared to similarly situated businesses of the same size as the dispensary. 2. 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, harassment of passersby, littering, loitering, illegal parking, loud noises, or lewd conduct. 3. Whether the dispensary operated by the permittee has a history of inadequate safeguards or procedures that show it is likely that it will not comply with the operating requirements and standards in this chapter. 4. Whether the dispensary has failed to pay fees, penalties, or taxes required by this Ccode or has failed to comply with the production of records or other reporting requirements of this chapter. 5. Whether it appears that the permittee has, in its renewal application, provided a false statement of material fact or has knowingly omitted a material fact. 6. Whether the renewal applicant 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 a dispensary operator. 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. 7. Whether the renewal applicant or dispensary has previously or is currently engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. G. The Zoning Administrator shall make findings of fact and either grant, grant conditionally, or deny the application for renewal of a Ddispensary Uuse Ppermit. An applicant aggrieved by the Ddispensary Uuse Ppermit renewal may appeal such decision to the Planning Commission by filing an appeal. All determinations of the Zoning Administrator regarding Ddispensary Uuse Ppermit renewals shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City Council from time to time, are filed with the Planning Department within ten (10) days of the date the decision was made. The appeal fee will be in addition to the nonrefundable renewal application fee. Appeals may be filed by an applicant. The Planning Commission shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in section 9266 of this Ccode, except that all references therein to the City Council shall be deemed to refer to the Planning Commission. At the close of the public hearing, the Planning Commission may affirm, reverse, or modify the appealed decision of the Zoning Administrator. All Planning Commission decisions on appeals of the Zoning AdminiDdispensary Uuse Ppermit renewal are final for the City. 51 Б §5705 GENERAL TAX LIABILITY As a prerequisite to obtaining a permit pursuant to the terms hereof, an operator of a dispensary shall also be required to apply for and obtain a business license or exemption from the City of Division 2, Part 2, Chapter 2, Article 2 of the Cal. Revenue and Taxation Code, commencing with section 6066e. Dispensary sales shall be subject to sales tax consistent with State law. §5706 IMPOSITION OF FEES Every application for a Ddispensary Uuse Ppermit or renewal shall be accompanied by an application fee, as established by resolution of the City Council from time to time. This application or renewal fee shall not include fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or permit fee imposed by this cCode or other governmental agencies. Fingerprinting, photographing, and background check fees will be as established by resolution adopted by the City Council from time to time. §5707 LIMITATION ON LOCATION OF DISPENSARIES A. A Medical Cannabis dispensary Dispensary may only be located within the C1, C2, CN, M, and PD (Commercial) zoning district.s and, in the GU, UC, and DC downtown zoning districts as designated in the General Plan, Zoning Map. A dDispensary, including both Medical Cannabis and Adult Use dDispensaries, may be located in zoning districts as set forth in Division 9, Chapter 2 of this Code. B. A dispensary shall be in a visible location that provides good views of the dispensary entrance, windows and premises from a public street. C. A dispensary shall not be allowed in the following areas at the time of its permitted establishment: 1. Within six hundred feet (600') of a school, with that distance measured as the horizontal distance in a straight line from the property line of the school to the closest property line of the lot on which the dispensary is to be located without regard to intervening structures, pursuant to California Health and Safety Code section 11362.768; or 2. Within two hundred fifty feet (250') of a youth-oriented facility other than a school, or another dispensary, with that distance measured by street frontage from the property line of the youth-oriented facility to the closest property line of the lot on which the dispensary is to be located, and not radial distance; or 3. Abutting, on any side of the parcel upon which the dispensary is located, a parcel occupied by a youth-oriented facility, a school, or another dispensary; or 4. Within any residential zoned parcel or primary land use, or any property with an underlying residential or mobile homes general plan land use designation. 5. On a parcel having a residential unit, or on a parcel directly abutting a residentially zoned property, unless there are intervening nonresidential uses between the 52 В dispensary and the residential unit or the residentially zoned property that the Planning Commission or, on appeal, the City Council determines sufficient to provide an appropriate separation. D. A waiver of the provisions in subsections C2 through 5 of this section may be granted if the applicant demonstrates on plans and materials presented for review and the Planning Commission determines that a physical barrier or other condition exists which achieves the same purpose and intent as the distance separation requirements established herein, and that, as a result, the Planning Commission makes a finding of no adverse impact resulting from the proposed location of the dispensary. §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 Ssection 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, 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. B. Minors: 1. It is unlawful for any permittee, operator, or other person in charge of any dispensary to employ any person who is not at least twenty-one (21) years of age. 2. Persons under the age of eighteen (18) shall not be allowed on the premises of a Ddispensary unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian, and the Dispensary in question dispenses cannabis for medical use. 3. The entrance to a Ddispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian. For a Dispensary that serves only Adult Use patrons, the entrance shall be clearly and legibly posted with a notice indicating that persons under the age of twenty-one (21) are precluded from entering the premises. 4. The burden of proof is on the Ddispensary personnel to establish compliance with this subsection B by clear and convincing evidence. 53 ЊЉ C. Dispensary Access: 1. The entrance into the dispensary building shall be locked at all times with entry strictly controlled; e.g., a buzz-in electronic/mechanical entry system with a vestibule is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance. 2. Dispensary personnel shall monitor site activity, control loitering and site access. 3. Only dispensary staff, primary caregivers, qualified patients and persons with bona fide purposes for visiting the site shall be allowed on the premises at a dispensary that provides medical cannabis only. For dispensaries serving Adult Use patrons, only dispensary staff, persons over the age of twenty-one (21), and persons with bona fide purposes for visiting the site shall be allowed on the premises. 4. Potential patients or caregivers shall not visit a medical cannabis dispensary without first having obtained a valid written recommendation from their physician recommending use of medical marijuanacannabis. 5. Only a primary caregiver and qualified patient or persons over the age of twenty-one (21) shall be in the designated dispensing area with dispensary personnel. All other authorized visitors shall remain in the designated waiting area in the front entrance/lobby. 6. Restrooms shall remain locked and under the control of management. D. Dispensing Operations: 1. The dispensary may possess dispense no more dried medical marijuana cannabis or plants or cannabis products per qualified patient or caregiver than permitted in strict accordance with California Health and Safety Code section 11362.77 and any other applicable State law, and as amended, and may sell cannabis or cannabis products for Adult Use to an individual only in an amount consistent with personal possession and use limits allowed by the State. 2. A dispensary selling medical cannabis shall only dispense medical cannabis to qualified patients or caregivers with: a. 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 b. A currently valid California Medical Marijuana Identification Card or a Patient ID Center Identification Card. 3. For qualified patients or caregivers without a California Medical Marijuana Identification Card or a Patient ID Center Identification Card, prior to dispensing medical marijuanacannabis, the dispensary shall obtain verbal, online, or signed verification from office personnel that the individual requesting medical marijuana cannabis is a qualified patient. 54 ЊЊ 4. A dispensary shall not have a physician on site to evaluate patients and provide a recommendation for medical marijuanacannabis. 5. For Cannabis Retailers dispensing medical cannabis, Ppatient records shall be maintained and verified as needed, and at least annually verified with the qualifying California Medical Marijuana Identification Card or a Patient ID Center Identification Card. 6. Cchapter. The operator shall adjust the operations as necessary to address issues. E. clock (9:00) P.M., seven (7) days a week. F. Consumption Restrictions: 1. Marijuana Cannabis shall not be consumed on the premises of the dispensary. The term "premises" includes the actual building, as well as any accessory structures, entrance. 2. Dispensary operations shall not result in illegal redistribution of medical marijuanacannabis obtained from the dispensary, or use in any manner that violates local, State or City codes. 3. No person may consume marijuanacannabis, by smoking or vaporization, in any public places. Public places shall include, but are not limited to, City owned parks and/or City sponsored events where designated as nonsmoking areas by resolution of the City Council, streets, sidewalks, alleys, highways, public parking lots as defined in section 6000 of this Ccode and as amended, enclosed places and places of employment as defined in sections 4503 and 4505 of this Ccode and as amended, and any other property owned or leased by the City, or in which the City holds a right-of-way easement, and which is open to members of the general public, except while actively passing through on the way to another destination. Nothing in this section is intended, nor shall it be construed, to be inconsistent with the California Indoor Clean Air Act of 1976, Health and Safety Code Ssection 118875 et seq. and as amended. G. Retail Sales and Cultivation: 1. No cannabis shall be cultivated on the premises of the dispensary, except in compliance with this Cchapter and with sections 6093 and 9254 of this Ccode and applicable State laws and regulations. a. Except for immature nursery stock marijuana plants, or clones, that are not intended to be raised to maturity by the dispensary but instead sold to qualified patients and patrons, marijuana plants grown by the dispensary shall only be utilized for production of processed marijuana to dispense to patients or sell in legal quantities to eligible Adult Use patrons. 55 ЊЋ b. A security plan for the growing area shall be submitted to the Ukiah Police Chief for review and approval. Such plan shall include: security alarms and surveillance systems; physical measures to prevent access to the area by anyone other than dispensary staff; and physical measures to prevent vehicle penetration of the growing area. c. The cultivation area shall include a one-hour firewall assembly and shall not create excessive humidity or mold conditions. The cultivation area shall have an air treatment system that prevents odors generated from the cultivation of marijuana on the dispensary property from being detected by any reasonable person of normal sensitivity outside the dispensary property, as set forth in subsection H4 of this section. The medical marijuanacannabis cultivation area shall be in compliance with the current, adopted edition of the California Building Code as regards natural ventilation or mechanical ventilation. d. Cultivation facilities are strongly encouraged to utilize the most water-efficient and environmentally responsible cultivation practices available. The City reserves the right to require annual reports on cultivation facility practices, including but not limited to cultivation mediums and water use methods. e. The cultivation use shall comply with applicable stormwater, wastewater, and Bbuilding Ccode requirements and any applicable State or Federal law, including the Clean Water Act, 33 USC section 1251 et seq. 2. With the approval of the Planning Commission, a dispensary may conduct or engage in the commercial sale of specific products, goods or services in addition to the provision of medical marijuanacannabis and other items permitted by these regulations on terms and conditions consistent with this Cchapter and applicable law. 3. Up to one hundred fifty (150) square feet of the total square footage of the dispensary may be utilized for display and sales of devices necessary for administering medical marijuanacannabis, including but not limited to rolling papers and related materials and devices, pipes, water pipes, and vaporizers. Such devices may only be provided to qualified patients or primary caregivers and only in accordance with Health and Safety Code section 11364.5 and as amended. 4. Retail sales of medical marijuanacannabis that violate California law or this chapter are expressly prohibited. 5. A dispensary shall meet all the operating criteria for the dispensing of medicalsale of marijuana cannabis as is required pursuant to applicable State laws and regulations. 6. The provision of locally grown and organic marijuana is encouraged. H. Operating Plans: 1. Floor Plan: A dispensary shall have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing medical marijuanacannabis to qualified patients or designated caregivers or to eligible Adult Use patrons. The primary entrance shall be located and maintained clear of barriers, 56 ЊЌ landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. 2. Storage: A dispensary shall have suitable locked storage on premises, identified and approved as a part of the security plan, for after-hours storage of medical marijuanacannabis. 3. Minimum Staffing Levels: The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing medical marijuanacannabis. 4. Odors Control: The dispensary shall have an air treatment system that prevents odors generated from the storage and cultivation of marijuana cannabis on the dispensary property from being detected by any reasonable person of normal sensitivity outside the dispensary property. To achieve this, both the storage and cultivation areas shall be, at minimum, mechanically ventilated with a carbon filter or superior method. 5. Security Plans: A dispensary shall provide adequate security on the premises, as approved by the Chief of Police and reviewed by the Planning Commission, including lighting and a premises and panic alarm system monitored by a licensed operator, to ensure the safety of persons and to protect the premises from theft. 6. Security Cameras: Security surveillance cameras shall be installed to monitor the main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. The security surveillance system shall comply with current State standards for digital video surveillance systems to be installed on the premises of licensed Cannabis businesses, currently codified in the Cal. Code of Regulations, Title 16, Section 5044, and as may be amended. 7. Security Video Retention: Security video shall be maintained for ninety (90) days. In cameras, the dispensary shall provide the Chief of Police with a useable digital copy of the security video upon request or at the earliest convenience. 8. Alarm System: Professionally monitored premises and panic alarm system shall be installed and maintained in good working condition. 9. Emergency Contact: A dispensary shall provide the Chief of Police with the name, e- mail address, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the dispensary. The dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the City. I. Signage and Notices: 1. A notice shall be clearly and legibly posted in the dispensary indicating that smoking, ingesting or consuming marijuana cannabis on the premises or in the vicinity of the dispensary is prohibited. The notice shall be posted in both English and Spanish. 57 ЊЍ 2. Signs on the premises shall not obstruct the entrance or windows. 3. Address identification shall comply with illuminated address signs requirements. 4. Business identification signage shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall comply with section 3227 of this Ccode and any other City Code provisions regulating signage. J. Employee Records: Each owner or operator of a dispensary shall maintain a current register of the names of all volunteers and employees currently working at or employed by the dispensary, and shall disclose such registration for inspection by any City officer or official for purposes of determining compliance with the requirements of this chapter. K. Patient Records: Information identifying the names of patients, their medical conditions, or the names of their primary caregivers is confidential and such disclosure is prohibited pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (42 USC section 1320d et seq.) and the Confidentiality of Medical Information Act (California Civil Code section 56 et seq.). In order to protect patient confidentiality, the dispensary shall maintain records of all qualified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the State, or its agent, pursuant to California Health and Safety Code section 11362.7 et seq. Such records may be maintained on or off site, and shall be made available for inspection by any City official authorized to enforce this chapter for purposes of determining compliance with the requirements of this chapter. L. Staff Training: Dispensary staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with State and local law, and the dispensary shall employ properly trained or use professionally hired security personnel in accordance with the conditions of its permit. All security personnel hired or contracted for by the Dispensary shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code, or as may be amended. M. Site Management: 1. The operator of the establishment shall take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours if directly related to the patrons of the subject dispensary. a. "Reasonable steps" shall include calling the police in a timely manner; and requesting those engaging in objectionable activities to cease those activities, unless personal safety would be threatened in making the request. b. "Nuisance" includes, but is not limited to, disturbances of peace, open public consumption of marijuana or alcohol, excessive pedestrian or vehicular traffic, illegal drug activity, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct or excessive police detentions and arrests. 58 ЊЎ 2. The operator shall take all reasonable steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours. 3. The operator shall provide dispensary patients and patrons with a list of the rules and regulations governing medical marijuana cannabis use and consumption within the City and recommendations on sensible marijuana cannabis etiquette. N. Compliance with Other Requirements: The operator shall comply with all applicable provisions of local, State or Federal laws, regulations or orders, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. O. Confidentiality: The information provided for purposes of this section shall be maintained by the City as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction or otherwise compelled by court order. P. Display of Permit: Every dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such dispensary in a conspicuous place so that the same may be readily seen by all persons entering the dispensary. Q. Reporting and Payment of Fees: Each permittee shall file an annual statement with the Planning Department: (1) indicating the number of patients served by the dispensary within the previous calendar year, if applicable, (2) the continuing accuracy of the information in the prior Ddispensary Uuse Ppermit application, (3) documenting any changes or additions to that information as of the date for renewal of the Ppermit, any citizen complaints, City Code applicable City and State law governing the operation of Ddispensaries, and (4) including any additional information the Planning Department deems necessary to administer this chapter, and pay all annual permit fees. R. Alcoholic Beverages: No Ddispensary shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises. S. Dispensaries shall comply with the parking requirements for medical office uses. TS. Inspections: During normal business hours, Ddispensaries 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 Ddto comply with this section shall be deemed a violation of this chapter. T. Notification of Theft, Loss, and Criminal Activity: Cannabis Retailer businesses shall comply with the California Code of Regulations, Title 16, Section 5036, or as may be amended, by notifying the applicable State authorities and the Ukiah Police Department within 24 hours of discovery of any of the following situations: 1. A significant discrepancy in inventory. 2. The Operator becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity pertaining to the operations of the Retailer. 59 ЊЏ 3. The Operator becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity by an agent or employee of the Retailer pertaining to the operations of the Retailer. 4. The Operator becomes aware of or has reason to suspect the loss or unauthorized alteration of records related to cannabis goods, patrons, or the Retailer 5. The Operator becomes aware of or has reason to suspect any other breach of security. The notification shall be in writing and include the date and time of occurrence of the theft, loss, or criminal activity and a description of the incident including, where applicable, the item(s) that were taken or lost. §5709 APPLICATION PREPARATION AND FILING A. Application Filing: A complete Ddispensary Uuse Ppermit application submittal packet shall be submitted in accordance with section 9262 of this Ccode, including a detailed written statement as to how the proposed dispensary complies with sections 5707 and 5708 of this Ccode, and any other information or submissions required by this chapter. All applications for Ddispensary Uuse Ppermits shall be filed with the Planning Department, using forms provided by the City, and accompanied by the applicable filing fee and any other applicable fees or charges. It is the responsibility of the applicant to provide information required for approval of the permit. The application shall be made under penalty of perjury. B. Eligibility for Filing: Applications may only be filed by the owner of the subject property, or person with a lease signed by the owner or duly authorized agent allowing them to occupy the property for the intended use. If the applicant is a lessee, a copy of the duly executed lease currently in effect must accompany the application. C. Filing Date: The filing date of any application shall be the date when the City receives the last submission of information or materials required in compliance with the submittal requirements specified herein. D. Effect of Incomplete Filing: Upon notification that an application submittal is incomplete, the applicant shall submit any additional documents or information required to complete the application within thirty (30) days of the date the applicant is notified in writing by the Planning Department that the application is incomplete. If the applicant fails to complete the application within said thirty (30) days, the application shall be deemed withdrawn and a new application submittal that complies with subsections A and F of this section shall be required in order to proceed with the application. E. Effect of Other Permits or Licenses: The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a Ddispensary Uuse Ppermit. F. Submittal Requirements: Any application for a Ddispensary Uuse Ppermit shall include the following information: 5: ЊА 1. Applicant(s) Name: The full name (including any current or prior aliases, or other legal names the applicant is or has been known by, including maiden names), present address, and telephone number of the applicant; 2. Applicant(s) Mailing Address: The address to which notice of action on the application is to be mailed; 3. Previous Addresses: Previous addresses for the past five (5) years immediately prior to the present address of the applicant; 4. Verification of Age: Written proof that the applicant is over the age of twenty-one (21) years of age; 5. f eyes and hair; 6. Photographs: Passport quality photographs for identification purposes; 7. Employment History: All business, occupation, or employment of the applicant for the five (5) years immediately preceding the date of the application; 8. Tax History: The dispensary business tax history of the applicant, including whether such person, in previously operating in this or another city, county or state under license has had a business license revoked or suspended, the reason therefor, and the business or activity or occupation in which the applicant engaged subsequent to such action of suspension or revocation; 9. Management Information: The name or names and addresses of the person or ness; 10. Criminal Background: A background investigation verifying whether the person or convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefor; 11. Employee Information: Number of employees, volunteers, and other persons who will work at the dispensary; 12. Plan of Operations: A plan of operations describing how the dispensary will operate consistent with the intent of State law and the provisions of this chapter, including but not limited to: a. Ensuring that the dispensary will not engage in retail sales of medical marijuanacannabis that violate California law or this chapter. b. Controls that will assure medical marijuanacannabis will be dispensed or sold to qualifying patients or caregivers or eligible Adult Use patrons only. c. Controls that will ensure access to dispensary premises is adequately monitored and restricted to preapproved qualified patients and caregivers or to eligible Adult Use Patrons only. 61 ЊБ 13. If delivery services will be provided, the application shall describe the operational plan for delivery services and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this Chapter, in particular Section 5717 of this Chapter, and State law. 1314. Written Project Description: A written description summarizing the proposed Ddispensary use size, number of patients or patrons, characteristics and intent; 1415. Written Response to Dispensary Standards: The applicant shall provide a comprehensive written response identifying how the Ddispensary plan complies with each of the standards for review in this chapter, specifically the limitation on location and operating requirements in sections 5707 and 5708 of this Ccode; 1516. Written Response to Criteria for Review Section: The applicant shall provide a written response indicating the method by which each of the criteria for review enumerated in section 5710 of this Ccode has been satisfied; 1617. Security Plan: A detailed security plan outlining the proposed security arrangements for ensuring the safety of persons and to protect the premises from theft. The plan shall include installation of security cameras, a premises and panic alarm system monitored by a licensed operator, and a security assessment of the site conducted by a qualified professional; 1718. Floor Plan: A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the dispensary. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6"); 1819. Site Plan: A sketch or diagram showing exterior configuration of the premises, including the outline of all structures, parking and landscape areas, and property boundaries. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six inches (6"); 1920. Accessibility Evaluation: A written evaluation of accessibility to and within the building, and identification of any planned accessibility improvements; 2021. Neighborhood Context Map: An accurate straight-line drawing depicting the building and the portion thereof to be occupied by the dispensary, and: (a) the property lines of any school within six hundred feet (600') of the property line of the dispensary for which a permit is requested, (b) the property lines of any dispensary within two hundred fifty feet (250') of the primary entrance of the dispensary for which a permit is requested, and (c) the property lines of any youth-oriented facility or residential zone or use within two hundred fifty feet (250') of the primary entrance of the dispensary; 2122. Lighting Plan: A lighting plan showing existing and proposed exterior premises and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use and comply with all City standards regarding lighting design and installation. All lighting shall be fully hooded and downcast, and shall not shine towards the night sky, adjacent property or any street; 62 ЊВ 2223. City Authorization: Written authorization for the City, its agents and employees to seek verification of the information contained within the application; 2324. she certifies under penalty of perjury that the applicant has the consent of the property owner and landlord to operate a dispensary at the location; 2425. certifies under penalty of perjury that all the information contained in the application is true and correct; 2526. Other Information: Such other information as deemed necessary by the Planning Department to demonstrate compliance with this Cchapter including all City and State codes, including operating requirements established in this chapter. G. Renewal: Applications for one-year renewal shall be accompanied by the following minimum information: 1. The operator shall report the number of patients or patrons served and pay applicable fees, as required by this Cchapter. 2. The operator shall provide a detailed description of any adjustments and changes proposed or that have occurred in dispensary operations to address issues, or comply with laws. 3. The operator shall identify any problems encountered during operations and how they have been addressed. 4. The operator shall identify how the dispensary has managed its operations to comply with the operating requirements of this chapter and with State law. §5710 CRITERIA FOR REVIEW In addition to the findings required in section 9262 of this Ccode, the Planning Commission shall consider the following criteria in determining whether to grant or deny a Ddispensary Uuse Ppermit, and the Zoning Administrator shall consider the following criteria in determining whether to grant or deny renewals of a Ddispensary Uuse Ppermit: A. That the Ddispensary Uuse Ppermit is consistent with the intent of the Compassionate Use Act of 1996, the MMRSAAUMA, the MAUCRSA, and related State law, the provisions of this Cchapter and the City Code, including the application submittal and operating requirements herein. B. That the Ddispensary location is not identified as having significant crime issues (e.g., based upon crime reporting statistics as maintained by the Police Department). C. That there have not been significant numbers of calls for police service, crimes or arrests in the area or to an existing Ddispensary location. D. That an applicant or employee is not under twenty-one (21) years of age. 63 ЋЉ E. That all required application materials have been provided and/or the Ddispensary has operated successfully in a manner that shows it would comply with the operating requirements and standards specified in this chapter. F. That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner. G. That the location is not prohibited by the provisions of this chapter or any local or State law, statute, rule or regulation and no significant nuisance issues or problems are anticipated or have resulted from dispensary operations. H. That the site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime-related problems and as specified in the operating requirements in section 5708 of this Ccode. These features may include, but are not limited to, security on site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. I. That no Ddispensary use, owner, operator, permittee, agent, or employee has violated any provision of this chapter including grounds for suspension, modification or revocation of a permit. J. That all reasonable measures have been incorporated into the plan and/or consistently vandalism, crowd control inside or outside the premises, traffic control problems, marijuana use in public, or creation of a public or private nuisance, or interference with the operation of another business. K. That the dispensary would not adversely affect the health, peace or safety of persons living or working in the surrounding area, overly burden a specific neighborhood with special needs or high impact uses, or contribute to a public nuisance; or that the dispensary has resulted in repeated nuisance activities including disturbances of the peace, illegal drug activity, marijuana use in public, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests. L. That any provision of the City Code or condition imposed by a City issued permit, or any provision of any other local or State law, regulation, or order, or any condition imposed by permits issued in compliance with those laws has not been violated. M. That the applicant has not violated any local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of marijuana. N. That the applicant has not knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application for a permit. O. That the applicant, his or her agent or employees, or any person who is exercising managerial authority on behalf of the applicant has not been convicted of a felony, or of a 64 ЋЊ misdemeanor involving moral turpitude, or has engaged in misconduct related to the qualifications, functions or duties of a permittee. P. That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. Q. That adequate parking for medical cannabis dispensaries will be provided at a rate of one space for every two hundred (200) gross square feet of retail space, office space, and similar floor areas, pursuant to section 9198(F)(1) of this Ccode. Furthermore, that adequate parking for Cannabis Retailers generally will be provided at a rate of one space for every two hundred fifty (250) square feet of gross, leasable space, pursuant to section 9198(B)(1) of this Code. However, if the dispensary to be operated by the applicant does not dispense medical marijuanacannabis to patients or eligible Adult Use patrons on site but services qualified patients and patrons through deliveries in compliance with Ssection 5717 of this Ccode, 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 Ssection 9198(G)(3) of this Ccode. §5711 INVESTIGATION AND ACTION ON APPLICATION After the making and filing of a complete application for the Ddispensary Uuse Ppermit and the payment of the fees, the applicant shall complete a fingerprint background check and the Police Department shall conduct an investigation of the application. In processing the application: A. The Planning Department shall refer the application to any other City departments as necessary to complete the review of the application. B. Following provision of complete application materials, inter-departmental review, and compliance with the California Environmental Quality Act, the Planning Department shall schedule the Ddispensary Uuse Ppermit for Planning Commission review. In making a decision to grant or deny the application the Planning Commission shall follow the notice and hearing procedures and make the findings required by sections 9262C through F of this Ccode and shall either grant or deny the application in accordance with the provisions of this chapter. C. In approving a Ddispensary Uuse Ppermit, the Planning Commission may impose conditions, restrictions or require revisions to the proposal to comply with the purpose and intent of this chapter. D. The Planning Department shall cause a written notice of the Planning Commission decision to issue or deny a permit to be mailed to the applicant by U.S. mail. §5712 APPEAL FROM PLANNING COMMISSION DETERMINATION A. An applicant aggrieved by the Planning Commission decision to issue or to deny a Ddispensary Uuse Ppermit may appeal such decision to the City Council by filing an appeal. All determinations of the Planning Commission regarding Ddispensary Uuse Ppermits shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, as established by resolution of the City Council from time to time, are filed with the City Council within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. 65 ЋЋ B. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the procedures applicable to an appeal of a decision to grant or deny a use permit as set forth in Division 9, Chapter 2, Article 20 of this Ccode. At the close of the public hearing, the City Council may affirm, reverse, or modify the appealed decision of the Planning Commission. All application for a Ddispensary Uuse Ppermit are final for the City. §5713 REVOCATION A. Any Ddispensary Uuse Ppermit issued under the terms of this chapter may be revoked by the Zoning Administrator, when it shall appear to the Administrator that the use for which the dispensary use pPermit was granted is not being conducted in compliance with the Pdispensary use permit as conditioned, the permittee has violated any of the requirements of this chapter, or the dispensary is operated in a manner that violates the provisions of this Cchapter, including the criteria for review and operating requirements sections, or conflicts with State law. B. The Zoning Administrator shall conduct revocation proceedings in compliance with section 9262H of this Ccode, except that all references therein to the Planning Commission shall be deemed to refer to the Zoning Administrator. Notice of the hearing required by said section shall be given in compliance with section 9262C of this Ccode. In addition, notice of the revocation hearing, including a description of the facts and violations relied upon in seeking revocation, shall be served on the permit holder by personal service, overnight courier or registered United States mail, return receipt requested, not later than ten (10) days prior to the hearing. Service shall be deemed complete when received by the permit holder or forty-eight (48) hours after deposit in the United States mail, whichever occurs first. Notice shall be sent to the address as shown on the permit application or to an address which the permit holder has requested in writing that the City use for official communications. The address shall not be a post office box, but must be a physical address. C. If any person holding a permit or acting under the authority of such permit under this chapter is convicted of a public offense in any court for any offense that would constitute a violation of their Ddispensary Uuse Ppermit or this Cchapter, the Zoning Administrator may revoke such permit forthwith without any further action thereof, other than giving notice of revocation to the permittee. D. The final decision of the Zoning Administrator to revoke a Ddispensary Uuse Ppermit may be appealed to the Planning Commission. The appeal hearing shall be conducted in compliance with Ssection 9266 of this Ccode, except that all references therein to the City Council in an appeal of a Zoning Administrator decision shall be deemed to refer to the Planning Commission. §5714 EFFECT OF REVOCATION When a final decision has been made revoking any Ddispensary Uuse Ppermit provided for in this Cchapter, no new application for a dispensary use permit shall be accepted from the applicant and no such pPermit 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 for a period of three (3) years after the action revoking the Ppermit. §5715 TRANSFER OF PERMITS 66 ЋЌ A. A permittee shall not operate a dispensary under the authority of a Ddispensary Uuse Ppermit at any place other than the address of the dispensary stated in the application for the Ppermit. B. A permittee shall not transfer ownership or control of a dispensary, including by transferring a controlling interest in the permittee, or transfer a Ddispensary Uuse Ppermit to another person or entity unless and until the transferee obtains its own Ddispensary Uuse Ppermit. Any other assignment of a Ddispensary Uuse Ppermit is prohibited. C. No Ddispensary Uuse Ppermit may be transferred when the Zoning Administrator or Planning Commission have notified the permittee that the Ppermit has been or may be revoked. D. Any attempt to transfer a Ddispensary Uuse Ppermit either directly or indirectly in violation of this section is declared void, and the Ppermit shall be deemed revoked. §5716 TIME LIMIT FOR FILING APPLICATIONS UPON ANNEXATION Any dispensary that was legally established in Mendocino County ("County") and which is subsequently annexed into the City must apply for and obtain a Ddispensary Uuse Ppermit in compliance with the provisions of this chapter within ninety (90) days from the date the annexation becomes effective. Continued operation of a dispensary without a Ppermit more than ninety (90) days after annexation shall constitute a violation of this chapter, unless an extension of the ninety (90) day period is approved by the Planning Commission upon the §5717 MARIJUANA DELIVERY A. A permitted dispensary located in the City may deliver marijuana to qualified patients and caregivers and to persons eligible for adult-use at their residence in the City or to the same . Such permissible delivery of marijuana to qualified patients or adults over the age of 21 years within the City limits shall be limited to delivery by lawfully operated, permitted dispensaries located within the jurisdictional limits of the City. Any individual engaging in the activity of delivering medical marijuanacannabis from a permitted dispensary to a qualified patient must have a City of Ukiah business license in accordance with Division 2, Chapter 1, Article 3 of this Ccode. All other marijuana delivery is a prohibited activity in the City, except where the City is preempted by Federal or State law from enacting a prohibition on such activity. B. In conformity with section 6001 of this Ccode, it shall be unlawful for any qualified individual engaging in the activity of delivering medical marijuanacannabis from a permitted dispensary to a qualified patient to be in an intoxicated condition or under the influence of narcotic drugs within the corporate City limits of the City in, on, or about any automobile, motorcycle, motor vehicle, street car, railroad car or other vehicle. §5718 VIOLATIONS A. It is unlawful for any person, individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character to violate any provision or fail to comply with any of the requirements of this chapter. 67 ЋЍ B. A violation of this Cchapter shall be subject to the enforcement and penalties specified in Ssection 5722 of this Ccode. §5719 REMEDIES This chapter shall be subject to enforcement pursuant to Division 9, Chapter 2, Article 22 of this Ccode. §5720 SEPARATE OFFENSE FOR EACH DAY Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. §5721 HOLD HARMLESS As a condition of approval of any permit issued pursuant to this chapter for medical marijuanacannabis cultivation, processing, or distribution, the permittee shall indemnify, defend and hold harmless the City of Ukiah and its agents, officers, elected officials, and employees for nearby property owners or other third parties due to permitted uses or operations, and for any expense incurred by City as a result of or in defense of any such claim. §5722 PENALTIES A. It shall be unlawful and constitute a misdemeanor for any person to violate the provisions of this chapter, punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment in the County jail for a period of not more than six (6) months or both. This penalty shall not apply, if prohibited by State law. B. The penalty provided herein is in addition to any other penalty or remedy available at law or in equity, whether civil or criminal, for any violation of this chapter or engaging in activity requiring a City license or permit, including, without limitation, a business license or building permit, without first obtaining such permit or license. §5723 JUDICIAL REVIEW Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure section 1994.6 which shall be applicable for such actions. SECTION 2 Article 15.6 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read 68 ЋЎ §9173 PURPOSE Sections 9173.2 through 9173.6 7 in this article provide site planning, development, and/or operational standards for certain land uses that are allowed in certain zoning districts without discretionary review. The standards for each use are intended to mitigate any potentially adverse impacts associated with the specific use. §9173.1 APPLICABILITY The land uses and activities included in sections 9173.2 through 9173.6 7 of this code shall comply with the provisions of the section applicable to the specific land use, in addition to all other applicable provisions of this article and the Ukiah City Code. A. Where Allowed: The uses that are subject to the standards in sections 9173.2 through 9173.6 7 of this code shall only be located in the zoning districts indicted herein. B. Development Standards: The standards for specific land uses included in sections 9173.2 through 9173.6 7 of this code are required and supplement those included in the Ukiah City Code. In the event of any conflict between the requirements of sections 9173.2 through 9173.6 7 of this code and those included elsewhere in the City Code, the requirements of sections 9173.2 through 9173.6 7 of this code shall control. * * * SECTION 3 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 Retailer is an allowable use with a Dispensary Use Permit (DUP) in the General Urban (GU), Urban Center (UC), and Downtown Core (DC) zoning districts. SECTION 4 Article 20 of Chapter 2 in Division 9 of the Ukiah City Code is hereby amended to read as §9261 DISCRETIONARY PLANNING PERMITS * * * D. *** * * * 5. a. In all Zoning Districts in which they are a permitted use, the following Cannabis Related Businesses shall be considered major uses: Cannabis Cultivation Large Indoor. Cannabis Cultivation Large Mixed-Light. Cannabis Cultivation Medium Indoor. Cannabis Cultivation Medium Mixed-Light. Cannabis Cultivation Small Indoor. Cannabis Cultivation Small Mixed-Light. Cannabis Cultivation Specialty Cottage. 69 ЋЏ Cannabis Cultivation Specialty Indoor. Cannabis Cultivation Specialty Mixed Light. Cannabis Microbusiness. Cannabis Nursery. Cannabis Retailer. Major Use Permits issued for Cannabis Related Businesses shall be subject to annual review, and shall be subject to annual review and revocation according to the procedures set forth in Section 9262, subsections K and L of this Article. b. In all Zoning Districts in which they are a permitted use, the following Cannabis Related Businesses shall be considered minor uses: Cannabis Distribution Cannabis Manufacturing Level 1 Minor Use Permits issued for Cannabis Related Businesses shall be subject to annual review, and shall be subject to annual review and revocation according to the procedures set forth in Section 9262, subsections K and L of this Article. c. In the Heavy Commercial (C-2) and Manufacturing (M) Zoning Districts zoning districts, Cannabis Testing Laboratories shall be considered a minor use. In the Community Commercial zoning district (C-1) and General Urban (GU), Urban Center (UC), and Downtown Core (DC) zoning districts, Cannabis Testing Laboratories shall be considered a major use. d. In all Zoning Districts in which they are a permitted use, Cannabis Retailers will be required to obtain a Dispensary Use Permit, as set forth in Chapter 8 of Division 6 of this Code. SECTION 5 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 _______, 2018, by the following roll call vote: AYES: 6: ЋА NOES: ABSENT: ABSTAIN: Adopted on __________, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Kevin Doble, Mayor ATTEST: __________________ Kristine Lawler, City Clerk 71 ЋБ 2 3 o o o o 4 5 o o o o o o o o o 6 o o o o o o o o 7 8 2 3 CITY OF UKIAH REQUEST FOR PROPOSAL TRAFFIC ANALYSIS – UKIAH SCHOOLSAND SURROUNDING AREA PROPOSAL DUE 5 PM MARCH 20, 2018 4 GENERAL INFORMATION / PROJECT LOCATION The City of Ukiahwith a population of 16,186peopleis located approximately 115miles north of San Francisco, CA on the US Highway 101 corridor. Ukiah is also the retail service hub to an area reaching a 50-mile perimeter and experiences a daytime service population exceeding 35,000 people. This project is jointly funded by theMendocino Council of Governments (MCOG), the Ukiah Unified School District (UUSD), and the City of Ukiah. The City of Ukiah requestsproposals from qualified firms to provide professional services to prepare a traffic analysisof Ukiah schools and key intersections on routes to the schools. SCOPE OF SERVICES The scope of the update for the traffic studyshall include tasks described below, as well as other elements or modifications, which may be suggested by consultants presenting proposals to better meet the needs of the City. All services shall be provided in accordance with the City’s draft professional services agreement, a sample of which is attached as Attachment“A”. The Consultant’s proposalshall include, but not be limited to the following: Obtain intersection traffic counts at N. State St. and Empire Dr. / Ford Rd.; N. State St. and Low Gap Rd. / Brush St.; N. Bush St. and Low Gap Rd.; Despina Dr. and Low Gap Rd.; Despina Dr. and Empire Dr.; and Despina Dr. and Capps Lane. Intersection traffic counts shall be collected both during the school year and during the summer months when school is not in session. Analyze the signal timing at the twosignalized intersections and provide updated signal timing sheets. Analyze the unsignalized intersections and provide both interim, low cost recommendations and long term capital improvement recommendations regarding traffic flow. Analyze the pedestrian and bicyclist movements at the aforementioned intersections and provide recommendations. Review the traffic flow at Ukiah High School during peak hours and provide recommendations regarding circulation for buses, parents dropping and collecting children, etc. Provide out-of-the-box recommendations regarding the traffic situationat the six mentioned intersections and Ukiah High School. SCHEDULE Proposals for the traffic studywill be received until 5:00 PM on Tuesday, March 20, 2018. 5 Page 2 of 6 February 26, 2018 ConsultantSelection Committee reviewsproposalsMarch 20 - April 4,2018. City Council award of professional services agreement to selected consultant: April 4,2018. Consultant initiates and completes traffic study:April 5 throughAugust 3,2018. Consultant submits draft studyfor review: August 3, 2018. MCOG, UUSD, and City review and comment on draft traffic study:August 6-17, 2018. Consultant prepares final traffic studyand produces final copies as required by agreement: August 20-September 7, 2018. Consultant submits final traffic study:September 7, 2018. WORK PRODUCT REQUESTED Twelve (12) bound copies of the final traffic study. One electronic copy of the final traffic study(PDF format). REFERENCE INFORMATION The following documents areavailablefor yourreferenceat this weblink https://cityofukiah.box.com/s/iprxon0y3asv5uj5huny987sksjfxk14 City of Ukiah, Citywide Circulation Study – February 2007 City of Ukiah Safe Routes to School Plan – August 2014 Ukiah Bicycle and Pedestrian Master Plan – adopted April 20, 2016 CONSULTANT’S PROPOSAL Proposals shall be labeled “Proposal-Traffic Analysisof Ukiah Schools and Surrounding Area”. Proposals shall be submitted to: RickSeanor, Deputy Director of Public Works City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482-5400 Eight (8) copiesof the PROPOSAL arerequired. Proposals must be received prior to 5:00 PM March 20, 2018. Proposals shall include as a minimum the following: Project approach and schedule Describe the proposed approach and procedures to be used in completing the tasks described in the Scope of Services.Include a proposed schedule showing completion of the various tasks. 6 Page 3 of 6 February 26, 2018 Cover letter The cover letter should include a brief overview of the specific approach and procedures the firm proposes to complete the tasks described in theScope of Services. An explanation of why the specific plan detailed in the proposal is the best plan for the City should be included. The cover letter must be signed by an official authorized to bind the successful firmcontractually and shall contain a statement to the effect that the proposal is a firm offer for a minimum period of thirty (30) days after the submittal date. The letter accompanying the proposal shall also provide the following: name, title, address, and telephone number of individuals with the authority to negotiate a contract and bind the consultant to the terms of the contract. Project team Describe the qualifications and experience of the firmasrelated to the project, and the proposed staff to be assigned to this project. Describe the qualifications and experience of any proposed sub-consultants and identify the work they will accomplish. Firms, sub-consultants and proposed staff must demonstrate experience with similar projects. Staff proposed to be in charge of the projectmust demonstrate significant experience supervising similar work. Describe the proposed team organization, current and previous work assignments, and man-hours budgeted for each team member.Provide the name and brief resume of the individual who will be in responsible charge of the project along with the namesand brief resumesof the firm’s staff who will be assigned to the project. Sub-consultants If sub-consultantsare to be used, the prospective contractor must submit a description of each person or firm and the work to be done by each sub-consultant. The cost of the subcontract work is to be itemized in the cost proposal. Please note thatfunds for this study cannot pay for consultant mark-up on sub-consultant costs. Fee proposal Providea fee proposal based on an hourly rate schedule with a “not to exceed” maximum cost for all work identified in the Scope of Services. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost. Additionally, please identify miscellaneous costs associated with this proposal. Submita copy of your firm’s current itemized hourly rate fee schedule. The fee proposalshall itemize all items that will be chargedto the project. Costs shall be shown to reflect fully-weighted hourly billing rates for all personnel, however, the methodology for calculating the fully-weighted rates must be shown (e.g. labor, overhead rate, fringe, profit, etc.). Consultant mark-up on direct costs is not allowed. Reimbursement for travel-related direct costs (hotels, meals, etc.) is limited to approved State rates which may be found on the Caltrans website:http://www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htmWhen invoicing, receipts are required to be submitted for all direct costs, other than fully-weighted personnel costs. 7 Page 4 of 6 February 26, 2018 Please submit the fee proposal in a separate, sealed envelope marked “Fee Proposal”. References Provide alist of similar projects for which the firm has completed traffic studies witha list of at least three client references associated with theseprojects. Include client references for any proposed sub-consultants. Provide names of contact person, addresses and telephone numbers for all client references. Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City’s insurance requirements and/or the City’s draft professional services agreementas shown in the attachments, the Consultant should list the exceptions in the proposal. SPECIAL PROPOSAL REQUIREMENTS Proposal documents shall be produced on recycled paper, when practicable. The proposal front cover shall be labeled in such a way as to identify that the document was produced on recycled paper. Where practicable, the pages of the proposal shall be produced double sided. AFFIRMATATIVE ACTION Prospective contractors should be aware that the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11275, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act and other federal and state laws pertaining to equal employment opportunity are applicable to any contract awarded by the City of Ukiah. INSURANCE REQUIREMENTS The insurancerequirements are as per specified in the draft professional servicesagreement, Attachment “A”. EVALUATION OF CONSULTANT’S PROPOSAL The following evaluation criteria will be used in evaluating and selecting candidates: 1.Candidate’s specialized experience and technical competence as applicable to the services required. Resumes must be furnished for the proposed team members and team leader.(20 points) 2.Candidate’s past record of performance, on similar projects, including control of costs, quality of work, and completionin a timely manner.(20 points) 8 Page 5 of 6 February 26, 2018 3.Candidate’s capacity to perform the work in a timely fashion. A proposed work plan and organization chart should be included.(15 points) 4.Candidate’s familiarity with the type of problems applicable to the project.(20 points) 5.Candidate’s demonstrated experience in preparing traffic studies.(25 points) CONTRACT AWARD A contract will be negotiated with the individual or firm determined in the proposal evaluation process to be best suited to perform this project. If a contract cannot be negotiated with the individual or firm submitting the highest rated proposal which is in the best interest of the City of Ukiah, then staff will terminate negotiations with that firm and commence the negotiation process with the firm submitting the second highest rated proposal. This contract will be awarded using a cost reimbursement payment method. The contract will include all State and/or Federal requirements that "flow down" from the funding sources. A contract shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31 (per Caltrans’ Local Assistance Procedures Manual Chapter 10.5). A pre-award audit may be required. SUPPLEMENTAL INFORMATION Attached please find the following: Adraft professional servicesagreement, Attachment“A”. RIGHT OF REFUSAL The City reserves the right to reject any and all proposals without qualifications. Proposals will be considered only in their entirety. The City reserves the right to negotiate the specific requirements and costs using the selected proposal as a basis. QUESTIONS Questions shall be directed to RickSeanor, Deputy Director of Public Works, City of Ukiah, Department of Public Works, 300 Seminary Avenue, Ukiah, CA 95482-5400, voice phone: (707) 463-6296, fax phone: (707) 463-6204, and email: rseanor@cityofukiah.com 9 Page 6 of 6 February 26, 2018 ATTACHMENT “A” AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this day of , 2018 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and ---- ---------,a corporation,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 to complete a traffic analysis for Ukiah schools and surrounding area. 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 Consultantagree 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 1.0DESCRIPTION OF PROJECT 1.1The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0SCOPE OF SERVICES 2.1As 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. 3.0CONDUCT OF WORK 3.1Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City. 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. 4.0COMPENSATION FOR SERVICES 4.1Basis 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 maximum dollar amount of $--------. Labor charges shall be based upon hourly billing rates for the various classifications of personnelemployed by Consultant to perform the Scope of Work as set forth in the attached AttachmentB, which shall include : all indirect costs and expenses of every kind or nature, except direct expenses. The Std –ProfSvcsAgreement- November 20, 2008 PAGE 1OF 7 ATTACHMENT “A” 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. 4.2Changes. Should changes incompensation 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. 4.3Sub-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 forthin Section 4.1. 4.4Terms of Payment. Payment to Consultant for services rendered in accordance with this contractshall 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 afterreceipt 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 madeand to support the expenses claimed. 5.0ASSURANCES OF CONSULTANT 5.1Independent 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 Cityfor any purpose whatsoever. Cityshall 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 Cityhave 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. Consultantshall 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. Consultantagrees to indemnify and hold Cityand 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 defending against any audit, claim, demand or law suit. 21 Std –ProfSvcsAgreement- November 20, 2008 PAGE 2OF 7 ATTACHMENT “A” 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 ownoffices and staff which it will use in performing under this Agreement. 5.2Conflict 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. 6.0INDEMNIFICATION 6.1Insurance 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 terminationof 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 propertydamageincluding 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 bodily injury and property damage. 22 Std –ProfSvcsAgreement- November 20, 2008 PAGE 3OF 7 ATTACHMENT “A” 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 claim. 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. 23 Std –ProfSvcsAgreement- November 20, 2008 PAGE 4OF 7 ATTACHMENT “A” 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 for the duration of the work being performed. 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, AAfor 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 Consultantshall include allsubcontractors or sub-consultantsas 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 allinsurance requirements set forth in thisParagraph 6.1. 6.2Indemnification. 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 anynegligent act or omission or the willful misconduct of Consultant in theperformance of services under this contractby 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 misconduct or defects in design by the City, or arising from the active negligence of the 24 City. Std –ProfSvcsAgreement- November 20, 2008 PAGE 5OF 7 ATTACHMENT “A” “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. 7.0CONTRACT PROVISIONS 7.1Ownership 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 creationand 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. 7.2Governing 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. 7.3Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6Assignment. 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. 7.7Waiver. 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. 7.8Termination. 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 contract shall be terminated as of that time. If terminated for lack of funds or 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 25 Std –ProfSvcsAgreement- November 20, 2008 PAGE 6OF 7 ATTACHMENT “A” 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. 7.9Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 8.0NOTICES 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. OFPUBLIC WORKS -------------------------------- 300 SEMINARY AVENUE ------------------------- UKIAH, CALIFORNIA 95482-5400 9.0SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: __________________________ ____________________ Date PRINT NAME: _________________ __________________ IRS IDN Number CITY OF UKIAH BY: ____________________ SAGE SANGIACOMO Date CITY MANAGER ATTEST ____________________ KRISTINE LAWLER,CITY CLERK Date 26 Std –ProfSvcsAgreement- November 20, 2008 PAGE 7OF 7 27 28 29 2: 31 32 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 2 3 (see calendar from NCPA) 4 5