Loading...
HomeMy WebLinkAbout2018-11-07 Packet 2 3 2 3 Budget Story Dpwfs Providing Value To Our Quality of Life For Period 7/1/2018 - 6/30/2019 4 Contents 3 Message from the Mayor, Kevin Doble 4 Our Community 5 Message from the City Manager, Sage Sangiacomo 6 Department 16 updates and a Budget breakdown look ahead 1825 Message from the Contacts Finance Director, The full budget document 5 can be found here: 3!!!!!!0!City of Ukiah Budget Story 2019!! City of Ukiah Mayor Kevin Doble Kevin Doble -Mayor U KIAH is the county seat for Mendocino Coun- nity and be part of a devoted team of ty. The accessible location serves three counties for professionals at the City of Ukiah. The business, education, recreation, and more. The unique - location yields an abundance of opportunities for out- door activities while maintaining the small town feel. the Ukiah Valley. There is so much growth happening in the Ukiah val- ley. It’s encouraging to look back on the achievements of the past year and focus on future growth and develop- ment. With more than $3 million dedicated in this year’s -Kevin Doble, budget, there is an emphasis to rebuild and maintain our Mayor streets and rights-of-way. I am particularly excited for the development of the - equipment purchases. The Capital Improvement Plan is complemented by an online platform, OpenGov, which costs, and quarterly updates. A link can be found on the last page of the Budget Story. It has been a pleasure to serve our growing commu- 6 !!!City of Ukiah Budget Story 2019 0!!!!!!4 Our Community Ukiah, incorporated in 1876, operates a full government. In addition to serving as the range of municipal functions including pub-policy makers for the community, the City D EMOGRAPHICS lic safety, public works, community devel- Council is also responsible for numerous opment, and community services. Further-land use decisions within its borders, in- •O VER 50% OF LABOR more, the City of Ukiah provides electric, cluding the General Plan. The City Council water and wastewater utilities for its resi-appoints the City Manager and City Attor- FORCE HAVE ATTAINED dents and operates an airport, golf course, ney, and all members of advisory boards and museum, and conference center. commissions. AT LEAST SOME COLLEGE EDUCATION Government Ukiah is a general law city operated un- - der a council-manager form of government al opportunities in a small-town environ- - •16,314 R ESIDENTS council, elected at large to four-year over-vides traditional public schools, as well as 35,000 W EEKDAY lapping terms. Council members must be a Spanish-immersion elementary school, residents of the City. The positions of Mayor a Montessori-based charter school, a Wal- P OPULATION and Vice-Mayor are chosen by the Council dorf based charter school, an independent through its own policy and rotates among its study-focused charter school, and more. members. The Mayor conducts the Council Other options include a private Waldorf •4.7 SQUARE MILES meetings and represents the City in ceremo-school, a private Catholic K-8 school, and the nial occasions. Instilling Goodness/ Developing Virtue Bud- W ITHIN C ITY L IMITS The Council serves as the policy board for dhist school. Furthermore, the University the municipality. It provides direction, es- of California Davis’s Hopland Research and tablishes goals, and sets priorities for city Extension Center is one of nine operated by the UC Division of Agriculture and Natural Resources, and Mendocino College, with its 127-acre campus enrolls over 5,000 students each te rm. Ukiah is the only place where you can sip wine from America’s greenest wine region or sample a locally brewed ale, hike amongst some of the tallest redwood trees in the world, and relax in a naturally warm and carbonated mineral spring…all in a day. Uki- ah is where the redwoods meet the vines, a place where year-round events draw locals and visitors together, and where the entre- preneurial spirit is alive and well. In the historic downtown, Ukiah’s up-and- coming dining scene and the surrounding wineries have garnered attention from Wine Spectator, VIA Magazine, Wine Enthusiast, and more. Sunset Magazine praised Ukiah’s “19th-century architecture, charming tree- lined neighborhoods, and its laid-back vibe.” 7 5!!!!!!0!City of Ukiah Budget Story 2019!! Nfoepdjop!Dpmmfhf.!Mblf!!Dfoufs Message From the City Manager I am proud to represent the team members at the City of Ukiah, who are dedicated to ensuring a quality of life that supports the diverse needs of our citizens and businesses while preserving the unique character of the Valley. We have a strong sense of purpose because we live and work among our family, friends, and neighbors who rely on our services. We continue to foster this culture by embedding the core values of professionalism, service, teamwork, innovation, and safety into every aspect of our work. Together, we are committed to tackling our biggest challenges and preparing our community for a vibrant future. Some highlights include: *Infrastructure improvements: Infrastructure development will continue with the construction of three of the four phases of the recycled water system “Together, and ongoing electrical system improvements. *Leveraging partnerships: Partnerships are a we are cornerstone to our expanding success. In the last year, Sage Sangiacomo -City Manager operating agreement that provides the framework for to tackling overhead rate. merging and expanding operations under the newly This year’s budget is also accompanied our biggest and emergency response services. In addition, the Uki- that begins to strategically identify future ah Police Department has engaged with the County of challenges equipment purchases. Capital improv- address homelessness while limiting enabling factors. and ments preserve and enhance the quality *Facilitating housing: The City will continue to de- of life in Ukiah by methodically planning preparing our ploy a housing strategy that promotes the development for our future. of all types of housing, including market rate. Likewise, community The budget presentation continues to the City will continue to seek out economic develop- - ment opportunities to grow, retain, and attract private for a vibrant ment that is accessible and reporting that is technically strong and readable. future.” To complement the document, we are deploying an electronic platform called expenditures. Reserves are adequate and remain within OpenGov which will provide public access - transparency. Direct links to OpenGov are prise will be needed as a rate review has been delayed cited throughout the budget document and the fund balance has been depleted due to the and can also be accessed from the City’s litigation by the Ukiah Valley Sanitation District. website at www.cityofukiah.com. *Balancing labor expenses: Overall, the largest annu- We look forward to ongoing engage- al operational expenditures are in labor costs, which are ment with our community as we review, anticipated to rise with continued reform to the State’s improve, and streamline operations and retirement system and labor negotiations. The City will invest in public infrastructure. - ments where necessary for long-term sustainability. The City of Ukiah provides a diverse set of municipal services in a business model that is organized to pro- -Sage Sangiacomo keep administrative overhead costs low. These costs are shared by all departments through an allocation plan that is also detailed within the budget document, and we are pleased to operate at about a 6% administrative 8 !!!City of Ukiah Budget Story 2019 0!!!!!!6 Valuing Our Safety of life within our neighborhoods. With issues as broad and complex as community safety, we want to stay focused on the areas that will have the biggest impact, and to do that we developed a long-term strategic plan called Measuring What Matters Most. This plan clearly life in Ukiah. hospital emergency medical care, hazardous condition mitigation, and rescue services. to the greater Ukiah Valley. Looking Ahead Cost of Service: Police and Fire Additionally, the amount needed to The Police Department’s budget in- - cludes appropriation for 34 sworn police Direct creased, as we work to match service levels Personnel $10,350,042 61.8% of the City with that of the District. Quite Materials, services, and other simply, property tax revenues collected by 2,566,11415.3% the District for the unincorporated areas Grants, loans, and other is funded asa result of the Community assistance - - medical support services. The City has Re-Entry Facility Grant. Debt service 231,982 1.4% committed its own general fund resources The general fund will continue to be Capital outlay/CIP 570,000 3.4% to ensure the District, as a partner, can committed to funding public safety with Total direct 13,718,138 81.9% meet the needs of its citizenry. In order to the use of Measure P proceeds in 18-19. Indirect support sustainability in the years to come, 834,588 5% long-term strategies to meet the public Internal service use2,181,512 13% safety service needs of our community Total indirect 3,016,101 18 % must be developed in collaboration with equipment. The City will continue to Total cost of service $16,734,239 100% partnering services providers and the work with the Ukiah Valley Fire Authori- County of Mendocino. “Ende to embrace what community responsibility means; that every member has a role, a duty, and responsibility for the direction and future of the community.” .Kvtujo!Xzbuu-!Qpmjdf!Dijfg! 9 7!!!!!!0!City of Ukiah Budget Story 2019!! access upgrades such as new sidewalks and curb ramps. I love to drive around town with my kids and be able to point out the work I’m involved in and impress them that I get to play with tractors all day long like they do at home.” .Boesfx!Tusjdlmjo-!!Nbobhfnfou!Bobmztu!.!Fohjoffsjoh Cost of Service: Public Works Looking Ahead We are recommending a prudent use of Direct amounts collected from Measure Y and - $830,671 7.5% Personnel Materials, services, and other transaction and use tax. Similar to Mea- 583,2635.3% the City Council. See the section regard- sure P, this general, unrestricted tax is Grants, loans, and other ing Measure Y on page 24 for additional one that can be used to fund any program, - - assistance details. - - 0.0% Debt service In addition to the amounts collected tion of the City Council. It is not a special, 9,266,207 84.% Capital outlay/CIP from Measure Y, we anticipate the restricted tax but was accompanied by an 10,680,141 96.9% Total direct receipt of additional gas tax and special Indirect appropriations for infrastructure from The Purpose of Measure Y is to aug- 96,343 .87% the State in the coming year. The ment general expenditures on streets, 245,850 2.23% Internal service use increase in revenue will not be large, but and public rights-of-way. Amounts 342,192 3.1% Total indirect those additional resources will be used collected from the tax are to be used $11,022,333 100% Total cost of service in addition to the commitment of the general fund and not in replacement of. Measure Y. Valuing Our Streets and Infrastructure Infrastructure development will continue with the construction of three of the four phases of the recycled water system and ongoing electrical system improvements. In addition, revenues from Measures Y and Z will ensure year’s budget. : !!!City of Ukiah Budget Story 2019 0!!!!!!8 Valuing Our Water Resources The Water Resources Department is responsible for the production, treatment and distribution of drinking water; the collection, treatment and disposal of wastewater; and for meeting its conservation goals, while simultaneously Cost of Service: Water Resources Looking Ahead Direct Water and wastewater enterprise Personnel31.4% activities will continue to experience moving forward. Additionally, both water $3,515,342 Materials, services, and other increased costs; however, the restruc-and wastewater will participate in the 38.5%tured water rate schedule will sustain its 4,311,790 Grants, loans, and other operations and capital plans, with a focus City of Ukiah. It’s a matter of disposal assistance - on enhanced maintenance. Wastewater for the wastewater system and one of - Debt service 0.0%activities will focus on maintenance as increased capacity for the water enter- - Capital outlay/CIP 15.6% 1,743,096 Total direct 85.6%-best practices in municipal water and 9,570,228 Indirect structure rehabilitation, and addressing wastewater services and in environmen- 4.5%disposal costs. tal stewardship. 503,815 Internal service use 9.8%A thorough evaluation of rates for Some notable expenditures include: 1,098,127 Total indirect 14.3%wastewater services must be completed 1,601,943 Total cost of service 100% construction from the Waste- $11,172,171 water Treatment Plant north to the Ukiah Sports Complex. volunteered to help in Redwood Valley by the unity and dedication of our community during times of emergency and the City’s willingness to help out in any way possie.” .Njdifmmf!Xizcvso-!Xbufs!Usfbunfou!Qmbou!Tvqfswjtps!!! 21 9!!!!!!0!City of Ukiah Budget Story 2019!! providing the best services possible. Their continual “My favorite experience while working responsiveness identifying for the City of Ukiah has to be Sundays and answering challenges in the Park. It is great to see the and opportunities will have a positive impact on many generations to come. The City of Ukiah Parks park.” Department is responsible for the maintenance of 16 parks, Ukiah Municipal Swimming provides maintenance for .Kblf!Cvshftt-!Sfdsfbujpo!Tvqfswjtps nine parking lots, the city sub stations, Successor Agency properties, former Redevel- Looking Ahead opment housing properties, the Civic Center, Ukiah Railroad Depot property, Direct providing recreational programs, events, Ukiah trail systems including the rail $821,143 45.8% Personnel activities and facilities that will enhance trail, and the School Street planters. Materials, services, and other the quality of life for all ages. We provide Additionally, the Parks Department 353,78519.7% programming and facilities of the highest maintains all trees located on City Grants, loans, and other quality. The Community Service divi- property including those located on City - - assistance sions take pride in the partnerships and streets. The department also provides - - Debt service collaborations with other governmental 403,000 22.5% Capital outlay/CIP agencies, schools, community-based Family Fun in the Sun, Ukiah Country 1,577,92888.1% Total direct organizations, neighborhood groups PumpkinFest, and other community Indirect and the business sector for delivery of events. 88,595 4.9% programs that serve our community. The 124,384 6.9% Internal service use key to Community Services’ successful 212,980 11.8% Total indirect - $1,790,908 100% Total cost of service vidual and collective commitment to Valuing residents of our city and the broader communities. The department is subdivided into eight segments: Ukiah Valley Conference Center, Alex Rorabaugh Recreation Center, Ukiah Valley Golf Course, Grounds and Maintenance, 22 !!City of Ukiah Budget Story 2019 0!!!!!!: Valuing Our Community’s Growth The Community Development Department carries out three primary functions: Building Permits and Code Enforcement,, Housing services, and Planning services. The Building Services Division regulates construction and development to safeguard and ensure the health and safety of the public. To ensure compliance with building codes, the Division processes permits, conducts plan review, and performs building inspections. The Planning Division assists property owners, developers and the public to ensure that future development and changes are implemented in accordance with regulations and ordinances adopted by the community. Cost of Service: Community Development Looking Ahead development and implementation of the Community Development assists prop- Direct City of Ukiah General Plan. The General erty owners, developers, and the public 73.3% Personnel $766,868 Plan consists of six State of California in matters related to the use and develop- Materials, services, and other ment of private property. This includes: 13.9% 145,770 Housing Element. Long Range Planning providing information on the regulations Grants, loans, and other also develops, implements, and/or assists and guidelines that apply to property - assistance - in the creation of special programs and - Debt service - building permits; providing assistance on - Capital outlay/CIP - Park Planned Development and creek - 87.2% Total direct 912,638 master plans and the maintenance of the ing land use entitlements for private and Indirect public development proposals; and per- 6.1% 64,060 current State law and modern planning forming environmental review associated 6.5% Internal service use 68,833 principles. with development proposals. 12.7% Total indirect 132,893 From processing land use entitlements, Long Range Planning focuses on the 100% Total cost of service $1,045,530 to working with developers and business- es in navigating the permit process, to implementing the housing element of the Gen- eral Plan, we are here to serve “Helping our community stay safe is at you, the citizenry of Ukiah. the forefront of my mind. Helping design professionals, contractors, and homeowners build • . 23 21!!!!!!0!City of Ukiah Budget Story 2019!! regional economic development approach. As the County seat “I take immense pride in being able to connect and the business, medical, and people - whether it’s connecting a new business education hub for parts of three counties, we recognize that we with the resouces they need or another team serve a much larger population member with the person who can help them • While this often means in- creased costs and workload for some departments, there is community and an expanded tax base for the City’s General Fund. Therefore, it behooves us to look beyond our city limits for .Tiboopo!Sjmfz-!Efqvuz!Djuz!Nbobhfs collaborations. Looking Ahead funds to provide low-interest loans and Cost of Service: Economic Development The City has emerged as a leader for technical assistance for small businesses. economic development activities in Direct Also, we invest in partnerships with Mendocino County. Partnerships with 8.4% $146,534 Personnel organizations including the Greater Ukiah both private and public entities are the Materials, services, and other Chamber of Commerce, the Ukiah Main cornerstone of our approach. 8.7% 151,000 Street Program, the West Company, and The City’s economic development Grants, loans, and other the Economic Development and Financing - - assistance Corporation, who provide other special- retention and recruitment and the 81.3% 1,410,790 Debt service ized services to the business community. partnership with the Community Devel- - - Capital outlay/CIP Ukiah is well poised for strong economic opment and Housing Department to fa- 98.5% 1,708,324 Total direct growth in the coming years. Our Eco- cilitate the development of housing, both Indirect nomic Development team is committed .98% 16,948 to facilitating that growth in a way that of our business community relies on the a .51% 8,929 Internal service use preserves Ukiah’s unique character and its vailability of housing for its workforce, so 1.5% 25,878 Total indirect balance between large industry and small, 100% $1,734,201 Total cost of service independent businesses. Valuing Our Economic Health economic development needs. 24 !!City of Ukiah Budget Story 2019 0!!!!!!22 Valuing The Housing Division of the Community Development administers and implements the City’s federal, state, and local housing and community development programs to improve and expand the City’s housing stock and assist in the development of economic opportunities for residents. Petaluma Ecumenical Properties resulted Cost of Service: Housing Looking Ahead Housing, or the lack thereof, has been Direct housing in the summer of 2017. Addi- an important topic over the last couple Personnel $78,676 12.9% of years. Housing starts in the Valley Materials, services, and other have been few and far between in the 28,032 4.6% supplementing the housing market with last decade, and the impacts of that are Grants, loans, and other now showing. City leaders have heard assistance 500,000 82.1% next two years. from businesses large and small about the Debt service - - Recognizing that there is also a need Capital outlay/CIP - - for market-rate housing, the City is entry-level employees, but executives as Total direct 606,708 99.7% facilitating the development of a 35-unit well. Indirect multi-family complex on property owned The loss of redevelopment has made - - by the City’s Housing Entity and actively Internal service use 1,742 .29% seeking additional opportunities. Total indirect 1,742 .29% In FY 18-19, the City will continue to of that, the City’s partnership with Total cost of service $608,450 100% of vacant and underutilized parcels while making addi- the development process for “As a Ukiah native who left and has builders. recently come back, I really value the small town charm and community within the City, in combination with new and exciting development taking place.• .Njdifmmf!Jsbdf-!Qmboojoh!Nbobhfs 25 23!!!!!!0!City of Ukiah Budget Story 2019!! - tion of Ukiah’s street lighting “What I value most about the City of Ukiah system - customer service oriented and willing to nance of the Lake Mendocino listen to our customers.• Hydroelectric Plant exceed the expectations of the Ukiah community, electric utility customers, and City Council with the delivery of electric energy that is safe, reliable and at a value that promotes the economic health .!Kjnnz!Mp{bop-!Fmfdusjd!Fohjoffsjoh!Ufdiojdjbo!4 of the community. This is accomplished through indi- Looking Ahead vidual and team development, The City’s Electric Utility provides assuring a highly skilled and professional Direct low-cost, high-quality energy services Personnel $3,807,181 21% that power our homes, businesses, and Further, we strive for the highest level Materials, services, and other daily lives. of customer service possible. Making 9,460,100 52% We take pride knowing that we are able Grants, loans, and other to provide these services at rates that are assistance - 0.0% as much as 30 percent lower than other Debt service - 0.0% Capital outlay/CIP 3,575,000 19.7% The entire compliment of servivces we Total direct 16,842,281 93% provide include: Indirect 780,371 4.3% maintenance Internal service use 492,805 2.7% Total indirect 1,273,175 7.0% Total cost of service $18,115,456 100% electric distribution system for services Valuing Our Energy The Electric Enterprise Fund provides 24-hour, 365-day response to emergency service calls for customer power are near emergency crews. 26 !!!City of Ukiah Budget Story 2019!0!!!!!!24 Valuing Our Other Quality of Life Services community. These include airport operations, the Ukiah Municipal Golf Course, the Ukiah Valley Conference Cost of Service: Airport, Golf, and Looking Ahead Conference Center future. The Ukiah Municipal Airport provides Direct The Ukiah Valley Golf Course, leased by an alternative form of transportation and Personnel $580,028 10.1% Tayman Park Golf Group, provides both a emergency access in and out of Ukiah. To Materials, services, and other 1,009,60917.6% to persons of all ages. In the upcoming Airport support the fueling of all forms of Grants, loans, and other year, the Golf Course plans to continue aircraft. The operations and maintenance assistance - - working with the City of Ukiah toward activities include the management, Debt service - - providing additional food and beverage Capital outlay/CIP1,118,000 19.5% services and other various renovations that the upkeep of facilities and equipment. Total direct 2,707,637 47.3% This upcoming year, the Airport plans Indirect The Ukiah Valley Conference Center to install a 20,000-gallon Jet A Fuel Tank. 831,484 14.5% provides a variety of rooms for meetings, This will enable the Airport to meet the Internal service use 2,179,976 38.1% trainings, weddings and parties of all group Total indirect 3,011,460 52.6% sizes. This upcoming year, the Conference Total cost of service $5,719,097 100% Center plans to make improvements to the capacities will provide better service and Conference Center such as the purchase increased revenue for the Airport in its of new chairs, increase online exposure, as well as modernize signage for the rear of the building and carpet replace- “In general terms, it is a cool ment. The Conference Center experience being able to leave my is highly used and continued improvements are needed to within town, or at other City facilities, ensure continued rental use. about the Purchasing Department’s is still ongoing. Final construc- involvement to assist in making these tion activities are scheduled to • occur in Spring of 2019. .Nbsz!Ipshfs-!Qspdvsfnfou!Nbobhfs 27 25!0!City of Ukiah Budget Story 2019!! commissioned two Innovation Teams, comprised of volunteer City team mem- bers and led by two department heads. The mission of these teams is to elevate costs and enhance service delivery. One team is working on approaches to homelessness issues while the other is The City utilizes a cost allocation plan as a means of capturing the total costs of providing services and a meth- od for distributing administration and internal service costs across the various .Djuz!Dpvodjm operations that utilize the correspond- ing services. The cost allocation plan Cost of Service: General Government Looking Ahead establishes separate basis of allocation Direct for each indirect activity and is founded Personnel and economical service delivery that on an approach that is reasonable, fair, $1,980,401 29.9% Materials, services, and other has meaningful and positive impacts on and equitable. Because services and health, comfort, and happiness. This utilization of services can change over 3,555,014 53.7% Grants, loans, and other -time, the City Council established an ad- assistance - - - Debt service priorities while delivering and demon-ment of an ongoing audit plan to review - - Capital outlay/CIP strating value in the services provided. the bases of allocation and consider - - Total direct The City continues to ensure Ukiah 5,535,41583.6% Indirect residents get the services they need and want, as well as getting value for the tax 284,210 4.2% Internal service use dollars spent delivering those services. 797,735 12% Total indirect Innovation is a key element in improving 1,081,945 16.3% Total cost of service service delivery. $6,617,360 100% ,Valuing Our General Governance The legislative body for the City of Ukiah is the City Council. The same body acts as the governing authority for the City Clerk, City Attorney, Finance Department, Human Resources and Risk Management, and City Treasurer. 28 !!!City of Ukiah Budget Story 2019 0!!!!!!26 13.51% Roads and Budget by the Numbers Infrastructure 20.11% $11,245,081 R ESIDENTS IN Public Safety 16,314 C ITY L IMITS $16,734,239 6.37% 21514 Internal Services C ITY F ULL T IME $5,300,574 D EPARTMENTS E MPLOYEES $83,232,416 1.40% Other T OTAL Enterprise A DOPTED B UDGET 2018-19 $1,166,623 2.73% Airport $2,271,933 21.40% Water Resources $17,808,539 The Ukiah Regional Airport is comprised of 4,423. of runway and has 87 29 27!!!!!!0!City of Ukiah Budget Story 2019!! 4.07% General Government and 2.15% $3,390,313 Parks and $1,790,908 The City of Ukiah maintains 1.26% 19 Community Development $1,045,530 2.08% Economic Development $1,734,201 Revenue by the Numbers $3,197,694 0.73% Housing and E STIMATED M EASURE “P” R EVENUE Support F ISCAL Y EAR 2018-19 Programs $608,450 13.14%26.27% R EVENUE B UDGET 21.76% F ROM S TATE R EVENUE Electric F UNDING F ROM T AXES $18,115,456 $3,197,694 E STIMATED M EASURE “Y” R EVENUE F ISCAL Y EAR 2018-19 2: !!City of Ukiah Budget Story 2019 0!28 Message From the Finance Director T HE Finance Department is responsible collection, analysis, and dissemination of City Council, City management, departments, and other stakeholders. “This budget year growth. However, our budgeting approach remains conservative, estimating and committing resources as a means to ensure will be a structural stability with changing economic conditions. milestone The Management Team has been dedicated to cost savings whenever possible and watch- ful of their expenditures so that value to the for capital Ukiah citizenry is maximized. This has led to projects.” City Finance Director of the City’s general fund reserve. This reserve will be used to provide the City Council with and challenges while ensuring that services tive and value-added ways of delivering are maintained in the event of an eventual services to the community in which we all economic recession. We estimate the total live, work, and play. general fund reserves to end the year at 33.7 percent of revenues. Management has proposed a balanced bud- get in the general fund and most of the other - water fund, however, is experiencing stress, partly due to increased operating cost but also to costs related to litigation defense. The over- all City budget remains a prudent spending plan that maintains strong emphasis on value to the City of Ukiah and greater Ukiah Valley. - - 31 29!!!!!!0!City of Ukiah Budget Story 2019!! Fiscal Year 2018-19 Fiscal Year Ended City-Wide Comparison 2017-18 Account Class Actual ActualYear-End AdoptedTotal Revenue Taxes $13,677,631 $14,643,978 $16,861,679 $17,852,715 23.18% Licenses, permits, and franchises 1,923,7861,879,6572,293,2582,148,7412.79% 97,967 133,023105,491 115,5000.15% Use of money and property 1,131,215920,98012,009,647 1,374,2051.78% 5,376,8305,019,35335,308,539 12,762,47016.57% Charges for Service 32,915,734 34,955,680691,580 34,593,21344.92% Assessments - 689,305 5,771,972 691,5800.90% Internal services provided 5,124,3805,353,708 552,922 6,925,5118.99% Other revenue 128,700371,342549,4730.71% Total 60,376,244 63,967,02774,543,89377,013,408 100.00% Expenditures Personnel 20,658,31322,826,40923,846,869 26,570,46631.92% 21,835,736 21,107,132 24,588,071 24,806,99529.80% Grants, loans, and other assistance --500,000500,0000.60% Debt service 8,222,722 9,517,623 8,514,337 8,575,94310.30% Capital outlay/CIP 6,832,315 8,343,066 38,358,52517,251,92020.73% 2,316,053 2,432,4173,034,384 3,228,1463.88% -3.88% Internal service use 4,321,6674,464,877 5,649,495 5,525,9936.64% Total 61,847,208 66,206,998101,615,931 83,232,416100.00% 30,581,516 2,360,2244,050,176 Change in total fund balance/working capital $889,260 $3,509,477 Fiscal Year Ended 2017-18 Account Class ActualActual Year-End AdoptedTotal $ 16,858,147 $ 17,335,085 20.83% $ 17,284,520 $15,060,765 15,361,47115,899,650 19.10% Public safety 12,405,255 13,966,176 44,604,24710,668,356 12.82% Water resources14,691,083 18,298,493 7,845,922 13,266,321 15.94% 6,300,492 7,250,934 7,681,07410,925,991 13.13% Streets and infrastructure 2,246,146 1,723,722 1,526,263 1,702,312 2.05% Parks, buildings, and grounds 1,391,025 1,413,602 1,948,3782,189,750 2.63% Airport1,016,333 989,852 1,625,489 1,891,079 2.27% 2,718,641 2,765,761 979,670 981,471 1.18% Community development 771,809 822,266 1,128,017 1,097,856 1.32% 711,463 928,831 292,491 1,717,253 2.06% Redevelopment/economic development 868,685 1,931,582 4,072,493 4,947,742 5.94% Internal services3,153,770 3,394,820 Housing and support programs627,583 144,720 568,020 608,450 0.73% $64,186,806 $68,691,521 $104,491,682 $83,231,317 100.00% For additional budget information, please see the City’s Finance Department Webpage: 32 !!!City of Ukiah Budget Story 2019 0!!!!!!2: 33 31!!!!!!0!City of Ukiah Budget Story 2019!! 34 !!!City of Ukiah Budget Story 2019 /!!!!!!32 35 33!!!!!!0!City of Ukiah Budget Story 2019!! 2018-19 Measure P - lic's preference for the use of Measure S proceeds. The City Council has committed to using the full amount of Measure P resources for public safety. Measure P Expenditure Uses BaselineIncrease BaselineIncrease Dedicated Revenue Sources by Category FY 2014-15 FY 2018-19 (Decrease) FY 2014-15 FY 2018-19 (Decrease) 3,197,694 2,465,521 732,173 Police: 2 32 34 and use tax 1 18 19 Public safety revenue: Misc personnel $1,229,165 $6,049,608 $7,278,773 1,234,067 1,001,861 232,206 Police Personnel 1,144,907 1,866,612 3,011,519 55,000 37,235 17,765 Fire 186,594 160,000 - - - Other Capital 2,347,478 8,896,287 10,450,292 4,486,761 3,504,617 982,144 Total revenue Total police Fire: 8 11 19 revenues over City 6 - expenditures UVFD 190,012 1,506,406 1,696,418 Other Financing Sources Personnel General revenues, 407,820 516,180 924,000 9,746,246 7,975,477 1,818,390 general fund Contractual 629,097 530,822 1,159,918 $- $- $- Remaining resources Other 19,600 30,400 50,000 Capital 1,246,529 2,583,807 3,830,336 Total public safety 11,480,094 14,280,628 2,800,534 36 !!City of Ukiah Budget Story 2019 / !!!!!!34 2018-19 Measure Y transaction and use tax. A general, unrestricted tax is one that can be used to fund any program, function, service, or - sure Y, indicating the voting public's preference for the use of Measure Y proceeds. The City Council has committed to using the full amount of Measure Y resources for City streets and rights-of way. Street Maintenance and Repair - General Fund 2018-19 Maintenance level Recommended amount for streets in general fund, 2018-19 Resources 2018-19 $3,197,694 General revenues and transfers Analysis 2018-19 Total recommended general fund amount appropriated to street maintenance and repair General Other Revenue Financing Measure Fiscal Year 2018-19 Recommended Measure Y UsesProject No. CostTotal Funding Share Sources Y Share Debt service on new infrastructure borrowing13001 $222,748 $222,748 $- $147,014 $75,734 Enhanced Public Works capacity - Streets 208,351 208,351 - - 208,351 Street projects to be determined by Council 2,913,609 2,913,609 - - 2,913,609 Road and right-of-way maintenance 657,955 657,955 84,175 573,780 $4,002,663 $4,002,663 $84,175 $720,794 $3,197,694 37 35!!!!!!0!City of Ukiah Budget Story 2019!! CONTACT CITY EXECUTIVE MANAGEMENT CITY COUNCIL Sage Sangiacomo Kevin Doble City Manager Mayor ssangiacomo@cityofukiah.com kdoble@cityofukiah.com Shannon Riley Maureen Mulheren Deputy City Manager Vice-Mayor sriley@cityofukiah.com mmulheren@cityofukiah.com Kristine Lawler Jim Brown City Clerk Council Member klawler@cityofukiah.com Greg Owen Douglas Crane Airport Manager Council Member gowen@cityofukiah.com dcrane@cityofukiah.com Craig Schlatter Steve Scalmanini Director of Community Development Council Member sscalmanini@cityofukiah.com cschlatter@cityofukiah.com Tami Bartolomei Community Services Administrator tbartolomei@cityofukiah.com Mel Grandi Electric Utility Director mgrandi@cityofukiah.com Director of Finance Sheri Mannion Director of Human Resources/Risk Management smannion@cityofukiah.com Dan Grebil Fire Authority Administrator dgrebil@cityofukiah.com Justin Wyatt Chief of Police Tim Eriksen Public Works Director teriksen@cityofukiah.com Sean White Water Resources Director swhite@cityofukiah.com 38 !!City of Ukiah Budget Story 2019 0!!!!!!36 Budget Story 2019 City of Ukiah 300 Seminary Avenue Ukiah, California 95482 www.cityofukiah.com The full budget document can be found here: 39 2 MAYOR DOBLE PRESIDING. The Pledge of Allegiance was led by Councilmember Brown. Presentation was received. RECESS 6:20 – 6:28 P.M. 3 – Finance. (COU No. 1819-135) – Finance. (2018-28) – City Clerk. ()– Information Technology. (2018-29)– City Clerk. – Public Works. No public comment was received. 4 Motion dies for lack of a second. Motion dies for lack of a second. Report was received. (COU No. 1617-112-A4) RECESS: 7:55 – 8:02 P.M. (COU No. 1819-133) No reports were received. 5 (2018-30 and 2018-31) COU No. 1819-138– Police Unit; COU No. 1819-139 – Fire Unit; COU No. 1819-140 – Fire Management; COU No. 1819-141 – Police Chief Employment Agreement; COU No. 1819-126-Add1 – Department Head Addendum; and COU No. 1819-127-Add1 – Management Addendum No Closed Session was held. 6 2 3 4 5 TRAFFIC ENGINEERING COMMITTEE MINUTES October 9, 2018 Minutes MEMBERS PRESENT John Lampi, Public Representative, TEC Vice Chairman Neil Davis, Public Representative, Active Transportation Erich Sommer, Public Representative Ben Kageyama, representing the City Manager Lt. Cedric Crook, representing the Chief of Police Don Brown,Supervisor of Public Works MEMBERSABSENT Captain Sean Kaeser Craig Schlatter, Director of Community Development Jacob King, Mendocino Transit Authority Tim Eriksen, TEC Chairman, Director of Public Works, City Engineer OTHERS PRESENT Maureen Mulheren, Council Member Lory Limbird, Public Works Vern Anderson, Redwood Community Services Kelly Keyes, Mountanos Properties Paul Murguia, 767 Apple Avenue resident Maureen Phillips,CASA employee Barbara Rovera, owner of 340 N. Main Street Erin Simmons, 171 Cherry Street resident Rebecca Frey, 181 Cherry Street resident Karen Zimmerman, 181 Cherry Street resident Gary Krimont, 191 Cherry Street resident Jessica Johnson, Redwood Community Services 1.CALL TO ORDER The Traffic Engineering Committeemeeting was called to order by Vice Chairman Lampiat 3:12pmin Conference Room No. 3, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 2.APPROVAL OF MINUTESAugust 14, 2018 Motion/Second:Davis/Kageyamato approve August 14, 2018 minutes.Motion carriedby an all AYE voice vote of the members present. 3.AUDIENCE COMMENTS ON NON-AGENDA ITEMS none 4.OLD BUSINESS a.Discussion and Possible Action regarding engineering solutions for traffic in the alley between North State Street and North Main Street adjacent to 340 North State Street. Public Comment: Maureen Phillips, Kelly Keyes, Maureen Mulheren,Barbara Rovera, Erin Simmons, Gary Krimont 6 MINUTES of the Traffic Engineering CommitteeOctober 9, 2018 Page 1 Motion/Second: Brown/Sommer to install 2 speed bumps in alley. The location of the speed bumps will be determined by the Director of Public Works/City Engineer. Motion carried by an all AYE voice vote of the members present. 5. NEW BUSINESS b. Discussion and Possible Action regarding speeding vehicles on Cherry Street. Public Comment: Gary Krimont, Paul Murguia, Karen Zimmerman, Rebecca Frey, Erin Simmons, Maureen Mulheren Member Neil Davis asked if residents notice what time of day employees of businesses located on Cherry Street are most likely to be speeding on Cherry Street so law enforcement can be present during those times to catch speeders. Resident Karen Zimmerman replied UPS trucks are frequently speeding on Cherry Street in the morning and around 5 pm. Menton Construction employees speed on Cherry Street around 4:30 pm on Fridays when they pick up their paychecks. Councilwoman Maureen Mulheren informed residents that there is a My Ukiah app they can use to report speeding. This helps keep an accurate log of what is going on and when it happens. Walk and Bike Mendocino has a Facebook page with a group called Go Slow Ukiah at https://www.facebook.com/GoSlowUkiah/ which encourages the entire community conversation to help slow down the speeding around Ukiah and watch for pedestrians. Cherry Street is in a failed state. Street resurfacing for Cherry Street is not scheduled for this year but with money from Measure Y to repave streets, it is possible Cherry Street could be included Member Neil Davis stated he could have Walk and Bike Mendocino make phone calls and write letters to businesses on Cherry Street such as UPS, Menton Construction and Alvarez Detailing on the South State Street corner about speeding employees. 3:55 pm Jessica Johnson entered meeting. Motion/Second: Davis/Kageyama to have the TEC research the use of social media and law enforcement options, use of speed trailer, find out what the schedule for resurfacing will be, and to consider possible traffic calming measures after street is resurfaced. Motion carried by an all AYE voice vote of the members present. a. Discussion and Possible Action regarding request for No Parking Zone along the south side of Thomas Street east of South State Street for a length of 200 feet. Public Comment: Jessica Johnson 7 MINUTES of the Traffic Engineering Committee October 9, 2018 Page 2 Motion/Second: Brown/Crook to make a recommendation to city council for removal of parking along the south side of Thomas Street east of South State Street for a length of 200 feet by putting up No Parking signs behind the sidewalk. Sign location will be coordinated with the location of 5 trees that are to be planted so the trees will not hide the signs. Motion carried by an all AYE voice vote of the members present. 6. COMMITTEE MEMBER REPORTS Member Erich Sommer asked for an update on Marshall Street. Speed humps that were approved by the TEC treet was just slurry sealed. Locations for speed humps can now be decided and then installed. A warning letter from the Police Department should be sent to the residents of Marshall Street to remind them that it is illegal to park on the sidewalk. An illustration of where it is legal to park on rounded gutters would be helpful. Member Neil Davis offered up Walk and Bike Mendocino to develop a flyer for Marshall Street residents to inform them that parking off the sidewalk actually slows traffic and gives pedestrians a place to walk. 7. MISCELLANEOUS ITEMS Member Ben Kageyama asked about the status of the pop-up traffic calming measures demonstration. Member Neil Davis will write a description of what this will be to send to insurance agent to find out what a quote for insurance will be. 8. ADJOURNMENT There being no further business, the meeting adjourned at 4:14 p.m. Lory Limbird, Recording Secretary 8 MINUTES of the Traffic Engineering Committee October 9, 2018 Page 3 ATTACHMENT 3 RESOLUTION NO. 2018-55xx RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING ON THE SOUTH SIDE OF THOMAS STREET EAST OF SOUTH STATE STREET FOR A LENGTH OF 200 FEET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request to establish a no parking zone on the south side of Thomas Street, east of South State Street, for a length of 200 feet, at its meeting on October 9, 2018; and WHEREAS, the Traffic Engineer recommends the request to establish a no parking zone on the south side of Thomas Street, east of South State Street for a length of 200 feet. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a no parking zone on the south side of Thomas Street, east of South State Street, for a length of 200 feet the location is . The City Engineer shall direct installation of signage and curb painting as necessary; PASSED AND ADOPTED this 7th day of November 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Kevin Doble, Mayor ATTEST: ___________________________ Kristine Lawler, City Clerk 9 : 2 3 4 5 RESOLUTION NO. 2018-___ AN AMENDMENT TO CITY COUNCIL RESOLUTION NO. 2017-06 RESOLUTION OF THE UKIAH CITY COUNCIL AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM. WHEREAS, The California Department of Housing and Community Development (the "Department") is authorized to allocate HOME Investment Partnerships Program ("HOME") funds made available from the U.S.Department of Housing and Urban Development (HUD").HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200; and WHEREAS, On December 6, 2016 the Department issued a 2016 Notice of Funding Availability announcing the availability of funds under the HOME program (the NOFA"); and WHEREAS, in response to the 2016 NOFA, City of Ukiah, a political subdivision of the State of California (the "Applicant"), wishes to apply to the Department for, and receive an allocation of,HOME funds. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council as follows: Section 1 In response to the 2016 NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five Hundred Thousand Dollars ($500,000) for the following activities: First Time Homebuyers (FTHB) Program $227,906 FTHB Activity Delivery $ 15,844 FTHB General Administration $ 6,250 Tenant Based Rental Assistance (TBRA) Program $231,562 TBRA unit inspection and income determination activities $ 23,188 TBRA General Administration $ 6,250 Total $500,000 FTHB Program activities will be located in the incorporated area of the City of Ukiah. TBRA Program activities will be located in the incorporated area of the City of Ukiah and Mendocino County unincorporated areas of Ukiah (outside city limits), Calpella, Potter Valley, Redwood Valley, and Talmage. Section 2 If the application for funding is approved,then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant may also execute a standard agreement, any amendments thereto,and any and all other documents 6 Page1 of 2 or instruments necessary or required by the Department or HUD for participation inthe HOME program(collectively,the required documents). Section 3 The applicant authorizes the City Manager or his/her designee(s) to execute, in the name of the applicant, the required documents. The foregoing Resolution introduced by Councilmember ________________________, seconded by Councilmember _______________, and carried this ___th day of ____________, 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: WHEREUPON, the Mayor declared said Resolution adopted and SO ORDERED. _______________________ Kevin Doble, Mayor ATTEST: Kristine R. Lawler City Clerk _______________________ 7 Page2 of 2 2 3 COU No. ______________ AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES \[Design Professional\] This Agreement, made and entered into this day of __ , 2018, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and NORTH COAST OPPORTUNITIES(NCO),a non-profit corporationorganized and in good standing under the laws of the state of California,hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a.City requires consulting services related to the terms of the California Natural Resources -Northwestern Pacific Rail Trail Phase 3 Projectidentified by the CNRA as Grant Agreement number U29136-0. b.Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c.City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0DESCRIPTION OF PROJECT This project is to construct the final phase of a Class 1 bicycle and pedestrian trail through the City of Ukiah's downtown corridor. This phase includes construction of a bridge over Orr Creek, two pocket parks, bioswales, approximately 62 trees, and a 100-foot-long natural surface path from the project trail along Orr Creek. Grant-funded elements of the project include: Approximately 0.3 mile of Class 1 bike trail Safety enhanced cross walks at Clara Avenue and Ford Street Bridge over Orr Creek On-site volunteer workforce training and supervision Two pocket parks with benches Approximately two bioswales Solar powered trail lighting Interpretive Signage Funding Acknowledgment Sign Planting, 3) Volunteer Recruitmentand Oversight, 4) Pocket Park Development, 5) Community Organization, Partnership Development, and Maintenance, 6) Outreach to Disadvantaged Communities, and 7) Project Coordination, Documentation, and Reporting. 1.1The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 4 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 and shall completeandsubmit final invoice forsuch services by April 1, 2020.Consultant shall complete all work in accordance with grant requirements and 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 guaranteed maximum dollar amount of $104,448.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 direct and indirect costs and expenses of every kind or nature. Consultantshall 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 tothe 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 shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of 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 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 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 5 Design ProfSvcsAgreement-November 20, 2008 PAGE 2OF 8 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. 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 shall file the required disclosure form with the City Clerk within 10 days of being 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 termination ofthis 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. 6 Design ProfSvcsAgreement-November 20, 2008 PAGE 3OF 8 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 damageincluding 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. 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. 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 Consultantfor the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitationson 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. 7 Design ProfSvcsAgreement-November 20, 2008 PAGE 4OF 8 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. 3.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) daysprior 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. 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, after notice to Consultant that City has paid the premium,the cost of insurance may be deducted fromthe compensationotherwisedue the contractorunder the terms of this Contract. G.Subcontractors Consultant shall include allsub-contractors 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 any negligent act or omission or the willful misconduct of Consultant and its agents in the performance of services under this contract, 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. 8 Design ProfSvcsAgreement-November 20, 2008 PAGE 5OF 8 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 7.1Documents and Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under thisAgreement 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 orin 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 breachingpartyfails 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 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 9 unfinished documents, data, studies, surveys, drawings, maps, models, photographs and Design ProfSvcsAgreement-November 20, 2008 PAGE 6OF 8 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. 7.9Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively,t his Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0NOTICES 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: Tim Eriksen City of UkiahPatty Bruder Department of Public WorksNorth Coast Opportunities 300 Seminary Avenue413 North State Street Ukiah, CA95482-5400Ukiah, CA 95482 9.0SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: ____________________ Patty BruderDate EXECUTIVE DIRECTOR IRS IDN Number94-1671958 CITY OF UKIAH BY: ____________________ Sage SangiacomoDate CITY MANAGER : Design ProfSvcsAgreement-November 20, 2008 PAGE 7OF 8 ATTEST ____________________ CITY CLERKDate APPROVED AS TO FORM BY: ____________________ David RapportDate CITY ATTORNEY 21 Design ProfSvcsAgreement-November 20, 2008 PAGE 8OF 8 Walk & Bike Mendocino is a Program of North Coast Opportunities EIN EIN:94-1671958 *413 N State St Ukiah CA 95482 * 707-467-3220 * walkbike@ncoinc.org * www.walkbikemendo.org Neil Davis, RN PHN Director 707-972-0926 ndavis@ncoinc.org Scope of Work NCO Project Manager Purpose: This scope of work (SOW) describes the work to be completed by the NCO Project Manager as a consultant to the City of Ukiah as part of the CA Natural The Project Manager wil. The City Engineer will focus on the planning and construction of a class one bike path and bridge. Under the oversight of the City Engineer, the Project Manager will oversee all other aspects of the project including workforce development, landscaping and planting, volunteer recruitment and oversight, developing partnerships with local community organizations and businesses to strengthen outreach As outlined in the application for the Closing the Gap project, a primary focus for the Project Manager will be on developing and maintaining 3(j) Economic, social, and health benefits, including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities. All work products, services and documentation shall meet the requirements of the grant program, and the City of Ukiah. Cost Proposal North Coast Opportunities Project Manager $91,800 Ford Street Project (subconsultant) - Workforce Development Coordinator $12,648 Total Not-To-Exceed Cost: $104,448 22 Avg Hours/week 2 Task 1 Workforce Development 1a In coordination with the Ford Street Project Workforce Development Coordinator (WDC) develop a training plan for Native Plant Landscape Worker Development 1b Act as liaison with WDC and City Staff 1c Provide oversight, collect data, and report WDC activities to City Engineer 1d Assist WDC with procurement and delivery of necessary materials 1e Troubleshoot and assist WDC with unplanned contingencies 1f Provide communication training and recruit Ford Street Project clients as ambassadors for the project Task 2 4 Landscaping and Planting 2a Review plant list and develop a workplan and timeline for acquiring, preparing, and planting native plants for the entire project 2b Develop landscape plan for trailside planting 2c Arrange for seed/plant propagation sites and volunteer gardeners to propagate local native strains 2d Coordinate activities of Ford Street WDC and Community organizations / volunteers 2e Monitor planting and landscaping activities to ensure quality and maximize plant survival rate 2f Assist volunteers and partner organizations with procurement and delivery of necessary materials, supplies, and tools 2g Move rainwater collection gazebo to new site 2h Troubleshoot and assist volunteers with unplanned contingencies 2i Provide before, during and after photos of landscaped areas, and photos of workforce activities, prepared with dates and descriptions, for grant documentation purposes. Task 3 4 Volunteer Recruitment and Oversight 3a Recruit and assist Subject Matter Experts in the preparation of volunteer trainings to include project ambassador training 3b Recruit volunteers to assist with native grass seed collection and propagation, and native plant propagation. 3c Organize and oversee volunteer preparation of native grasses for planting 3d Ongoing volunteer recruitment and retention activities to include recruitment events 3e Prepare and facilitate volunteer leadership trainings with an emphasis on project sustainability and project ambassador training Task 4 2 Pocket Park Development 4a Prepare designs and obtain approval as appropriate for pocket parks within railroad right-of-way. 4b Manage cessation of unapproved parking activity at southern pocket park 23 location. Task 5 4 Community Organization Partnership Development and Maintenance 5a Recruit Non-Profit/community organizations, and Subject Matter Experts to assist with the planning, planting, and maintenance of native plant gardens along the trail and in pocket parks. 5b Plan and facilitate community meetings to solicit neighborhood input on pocket park plans 5c Identify and preemptively manage neighborhood opposition (i.e., NIMBY, competing interests) as may arise 5d Convene annual volunteer and neighborhood appreciation event Task 6 2 Outreach to Disadvantaged Communities 6a Meet monthly or as needed with neighborhood stakeholders and opinion leaders to maintain communication and reinforce community partnerships. 6b Disadvantaged neighborhood canvassing to solicit project input/feedback 6c Disadvantaged neighborhood canvassing to recruit diverse volunteer participation 6d Coordinate with Native American Community through Red Road to Recovery and Grace Hudson Museum to assure cultural competency of project Task 7 Project Coordination, Documentation and Reporting 2 7a Recruit Closing the Gap Project Leadership team 7b Develop Closing the Gap (Rail Trail) volunteer communication strategy and tools 7c Provide social and traditional media relations 7d Meet monthly and as needed to coordinate community and City Staff efforts 7e Collect project data to include # of plantings, survival rate, volunteer rate, volunteer hours, workforce development reporting, in-kind donations, partner organization involvement rate, pedestrian and bicycle trail use rates, and other measures as may be deemed beneficial 7f Closing the Gap Ribbon Cutting Ceremony 24 Walk & Bike Mendocino is a Program of North Coast Opportunities EIN EIN:94-1671958 *413 N State St Ukiah CA 95482 * 707-467-3220 * walkbike@ncoinc.org * www.walkbikemendo.org Neil Davis, RN PHN Director 707-972-0926 ndavis@ncoinc.org NCO Project Manager/Director of Walk & Bike Mendocino Billing Rate = $55/hour 25 2 3 RESOLUTION NO. 2018-XX RESOLUTION OF THE CITY OF UKIAH AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND WHEREAS,pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government code to create a Local Agency Investment Fund in the State Treasury for deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS,the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the Agency; and NOW, THEREFORE, IT IS HEREBY RESOLVED,that the City Council does hereby authorize the deposit and withdrawal of City of Ukiahmonies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State nformation provided in that regard. BE IT FURTHER RESOLVED, that the following City of Ukiahofficers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund, Exhibit A: Sage Sangiacomo, City Manager Shannon Riley, Deputy City Manager Daniel Buffalo, Finance Director Sheri Mannion, Director of Human Resources/Risk Management Allen Carter, Treasurer PASSED AND ADOPTEDthis ___day of _____, 2018,by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Kevin Doble, Mayor ATTEST: ____________________ Kristine Lawler, City Clerk 4 5 2 3 PAGE 1 OF 1 REQUEST FOR BID 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 P: (707) 467-5719 DATE: 10/29/18 Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E36743 herein, and by the specified deadline, or the bid will be rejected. BIDS WILL BE RECEIVED UNTIL UipnbtXpmgf Submitted by:1:30 p.m., November 1st 2018 2292RvbsszMbof-Tvjuf261 (Company Name AT THE OFFICE OF THE BUYER Qmfbtboupo-DB:5662 & Address)300 SEMINARY AVE. CITY of UKIAH BY:Seth Strader Email: sstrader@cityofukiah.com BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE 3:31/11 841/11 Bray#301400-11010119 - 14" S30-119 or equal 4 ea Wafer DI Body, NDI Disc, EPDM Seat, SS Stem 5755/11 Bray #931605-11300532 - S93-1605 or equal 4 ea 2272/11 Fail Close w/ Bray S50 Limit Switch and S63 Solenoid, No External Travel Stops Bray #300300-110101193 - 3" S30-119 or equal 4 ea 411/11 86/11 Wafer DI Body, NDI Disc, EPDM Seat, SS Stem Bray #930635-11300532 -S93-0635 or equal 4 ea 2635/11 492/11 Fail Close w/ Bray S50 Limit Switch, No External Travel Stops Bray #300600-11010119 - 6" S30-119 or equal 4 ea 246/11 651/11 Wafer DI Body, NDI Disc, EPDM Seat, SS Stem Bray #930925-11300532 - S93-0925 or equal 4 ea 442/11 2435/11 Fail Close w/ Bray S50 Limit Switch, No External Travel Stops Bray #301200-1101011912 - S30-119 or equal 4 ea 651/11 3271/11 Wafer DI Body, NDI Disc, EPDM Seat, SS Stem Bray #6A6DR5-01000NN305KA4 - S93-1605 or equal 4 ea 3266/119731/11 Fail Close w/ Bray 6A Positioner, No External Travel Stops 4 eaBray #301200-1101011912 - 12" S30-119 or equal 3411/11 686/11 w/ Gear and Handwheel Bray 70-0061-113A0536/K - S70-0061 or equal 12 ea 8971/11 766/11 Electric Actuator w/ Aux ad heater, 120v 1" ARV Combination Valve, Threaded or equal 6 ea 2371/11 321/11 If equal please specify manufactuer and part number. 3:79/97 Tax (8.875 %): 311/11 Shipping: 47-731/98 TOTAL: Payment Terms:N30 22.2.29 4.5Xfflt SIGNATURE:DATE:LEAD TIME ARO : UipnbtXpmgf :36.895.494: uxpmgfAuu.wbmwf/dpn PRINT NAME:PHONE:EMAIL: UFSNT; 1.LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor. 2.Right is reserved to reject any and all bids. 3.Right is reserved to accept separate items unless specifically denied by bidder. 4.Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5.In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased 4 costs. 6.The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 7.In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a different time period is specified in RFB. 8.Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above. 2 3 4 5 6 2 3 4 5 6 7 8 D 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 2 3 4 Frequently Asked Questions: Proposed Merger of the Chamber, Main Street, and Visit Ukiah First, some general info about each organization: Greater Ukiah Chamber of Commerce Operates out of the Ukiah Valley Conference Center with a full-time Executive Director and a volunteer board; accesses resources from the State and National Chamber organizations Has been active in Ukiah since at least 1950 Represents all types of businesses and nonprofits on a membership basis Is a 501c6, a special type of nonprofit organization that allows for the promotion of for-profit businesses and political endorsements In 2003, the local Chamber elected to stay politically neutral and stopped endorsing politicalcandidates. In 2011, the local Chamber elected to focus on member services and discontinued the visitor attraction program and the management of the Visitor Center. From 1998 - 2011, the Chamber received $25,000 per year from the Ukiah Redevelopment Agency. Redevelopment agencies were dissolved in 2011, resulting in a significant loss of operating revenue for the Chamber. The Chamber manages a scholarship program for local high school students, and helped bring the Mendocino County Construction Corps to our area. Major events and activities include the Celebration of Commerce, the beer/wine booth at Pumpkinfest, the holiday trolley (shared with Main Street Program), Chamber mixers, ribbon cuttings, and miscellaneous business and workforce education programs. Ukiah Main Street Program (UMSP) Association. Designed to focus on fo improvements), promotion, and organization (governance of the program) Operates out of the Ukiah Valley Conference Center with a part-time Executive Director and a volunteer board (currently without an Executive Director); accesses resources from the State and National Main Street Programs Serves businesses in the Downtown Business Improvement District, which extends from Norton to Gobbi, Oak to Main. The Business Improvement District (BID) was formed in 1982 to help provide improvements to the historic downtown; all businesses in this area pay mandatory additional business license fees to fund the District. The current fees collected are approximately $15,000 per year. 5 2!}!Qbhf Frequently Asked Questions: Proposed Merger of the Chamber, Main Street, and Visit Ukiah ! In 1997, the Main Street Board was named as the Advisory Committee to the City Council for the Business Improvement District, which made them the administrators of the money collected from the BID. From 1998 - 2011, the UMSP also received $20,000 per year from the Ukiah Redevelopment Agency. Redevelopment agencies were dissolved in 2011, resulting in a significant loss of operating revenue for the program. Major events and activities include Taste of Downtown, Pints in the Plaza, the historic plaque program, the beer/wine booth at Sundays in the Park, Comedy Alley, End-of- Summer Show and Shine (car show), Downtown Trick-or-Treating, holiday trolley (shared with Chamber), and more. Visit Ukiah It is funded entirely by Transient Occupancy Tax (lodging bed tax) from guests in Ukiah lodging establishments for the purpose of generating additional visitors to the area. When the program was first formed, the Chamber was named as the administrative agency, which resulted in a performance agreement between the Chamber and the City of Ukiah; in 2011, the Chamber elected to stop administering the program and the visitor center; since that time, the program has been operated as a division of the City of Ukiah. Visit Ukiah operates the Visitor Center in the Ukiah Valley Conference Center and is managed by a volunteer board representing various segments of the hospitality industry and two City of Ukiah staff (as a small part of their other job responsibilities). Visit Ukiah manages advertising in major publications (Sunset, VIA, etc.) and travel guides, hosts the VisitUkiah.com website and social media sites, represents the area a travel trade shows, and partners with Visit Mendocino to expand advertising reach. Since 2011, the revenue generated by transient occupancy tax has more than doubled; all revenue stays in the program. ‘ŷğƷ źƭ ƷŷĻ ƦƩƚƦƚƭğƌͪ The proposal is to merge all three organizations in an effort to share costs, eliminate redundancies, and strengthen their core missions by providing additional staff and resources. While each program would remain intact in the form of an advisory board, they would also have equal representation on the governing Executive Board. (See Organization Chart, Attachment 1.) Assuming current levels of funding remain somewhat static, the new organization would share a full-time Executive Director, a part- or full-time Event Coordinator, and full time administrative support. ‘ŷǤ źƭ ğ ƒĻƩŭĻƩ ĬĻźƓŭ ƦƩƚƦƚƭĻķͪ With similar missions, there is an opportunity to share overhead costs and redirect more money and resources into the direct services and members. The idea of a merger between the Chamber and UMSP has come up several times in the pastusually when one or the other is without an 6 3!}!Qbhf! ! Frequently Asked Questions: Proposed Merger of the Chamber, Main Street, and Visit Ukiah ! Executive Director. Across the nation, these types of program have merged numerous times. Also across the nation, Chambers and Visitor Attraction Programs (like Visit Ukiah) have merged. This proposal is somewhat unique in that it includes all three. ‘ŷğƷ ƦƩĻǝĻƓƷƭ ğ ƭƷƩƚƓŭĻƩΉƒƚƩĻ ŅźƓğƓĭźğƌƌǤΏĻƭƷğĬƌźƭŷĻķ ŭƩƚǒƦ ŅƩƚƒ ķƩƚǞƓźƓŭ ƚǒƷ ƷŷĻ ƚƷŷĻƩƭͪ The merged organization would be governed by an Executive Board that is comprised of three members from each group, ensuring equal representation. Advisory boards for each group are responsible for developing and carrying forward the core missions/activities of their entities. IƚǞ źƭ Ʒŷźƭ ķĻĭźƭźƚƓ ĬĻźƓŭ ƒğķĻͪ Once the concept came up, an informal brainstorming session was held for the staff and board members of all three entities. Here, a SWOT (Strengths-Weaknesses-Opportunities-Threats) analysis was done; questions and concerns were aired. Next, each board designated a subcommittee to do additional exploration. Collectively and individually, these subcommittees met, reporting back to the full boards on a monthly basis. Once a full picture was developed, including a draft organization chart and income/expense report (see attachments 1 and 2), a public forum was held (October 22, 2018). This document represents a summary of that forum. IƚǞ źƭ ƷŷĻ /źƷǤ ƚŅ Ɖźğŷ źƓǝƚƌǝĻķͪ Currently, City staff administers the Visit Ukiah program. Additionally, a City staff member and a proposed structure, City staff would Ɠƚ ƌƚƓŭĻƩ administer the Visit Ukiah program. A staff and Council liaison would still serve, as non-voting members, on the Executive Board. It is important to note that there are two components that require accountability and reporting to the City on an ongoing basis: the money that is received from the Business Improvement District (currently roughly $15,000 per year) and the Transient Occupancy Tax for the Visit Ukiah program. ‘ŷƚ Ǟƚǒƌķ ƭƷğŅŅ ƷŷĻ ƒĻƩŭĻķ ƚƩŭğƓźǩğƷźƚƓͪ The recommendation is that job descriptions for the Executive Director and the Event Coordinator would be developed jointly and published, to be followed by an open and transparent hiring process. ‘ŷğƷ Ǟƚǒƌķ ƷŷĻ ĬǒƭźƓĻƭƭ ƭƷƩǒĭƷǒƩĻ ƌƚƚƉ ƌźƉĻͪ Both the Chamber and UMSP have nonprofit status. They are two different kinds, both of which are valuable and important for different reasons. There are existing models for how they can both be retained within a single entity; professional legal/tax advice would be sought on the best way to accomplish this. The proposed organizational structure allows for increased partnership while maintaining membership to the State and National Chamber and Main Street organizations. 7 4!}!Qbhf! ! Frequently Asked Questions: Proposed Merger of the Chamber, Main Street, and Visit Ukiah ! ‘ŷğƷ ĭƚƓĭĻƩƓƭ ŷğǝĻ ĬĻĻƓ ĬƩƚǒŭŷƷ ǒƦͪ The most c another. This is why the draft organization chart was created with an Executive Board that has equal representation. Advisory boards for each group continue the core work that they are already doing, only with additional staff for implementation. Another concern is a possible loss of revenue, particularly from Chamber members. It would be imperative that the merged organization provided tangible enhanced benefits to ALL members. With built-in collaboration and additional staff to support the missions, the new organization should be able to provide even more valuereturn on investment--for the money. Also, change is scary. These organizations have been around for a long time and this proposal is a er than the fact that any of these changescan be undone at any time. ‘ŷğƷ ğƩĻ ƷŷĻ ƦƚƭƭźĬƌĻ ĬĻƓĻŅźƷƭͪ The shared resources (rent, staffing, office equipment, etc.) will mean that more of the money can be put back into the members and the execution of the core missions. The community is often confused about who is responsible for what; a merged organization would provide a single point of contact for visitors and the business community alike. It has been difficult to attract and retain staff for both the Chamber and UMSP. With a more attractive salary and benefits package, as well as support staff, the likelihood of success is greater. ‘ŷğƷ ğƩĻ ƷŷĻ ƓĻǣƷ ƭƷĻƦƭͪ First and foremost, each organization will continue to seek input from their stakeholders. Then, in order for a three- Visit Ukiah program to another organization. Providing there is support in these areas, a transition plan would be developed, likely resulting in a phased approach to the merger. A complete transition could take several months, if not longer, and assurances would be made to avoid any gaps in service during that time. ‘ŷĻƩĻ ĭğƓ L ŭĻƷ ƒƚƩĻ źƓŅƚƩƒğƷźƚƓͪ Contact any of the three organizations and/or their board members: Greater Ukiah Chamber of Commerce: 462-4705 Ukiah Main Street Program: 462-6789 Visit Ukiah: 467-5793 8 5!}!Qbhf! ! ! Attachment 1: Draft Organization Chart 9 6!}!Qbhf! ! Attachment 2: Draft Income/Expense Report : 7!}!Qbhf! 2 3 4 5 6 7 8 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 Solid Waste Rates Recycling Diversion 2 3 4 5 6 2 3 4 5 6 7 8 9 : 21 22 23 24 25 26 27 ¸ p p p ¸ ¸ ¸ ¸ 28 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 29 ¸ ¸ ¸ ¸ ¸ 2: ¸ ¸ ¸ ¸ ¸ 31 ¸ ¸ ¸ ¸ 32 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 33 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 34 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 35 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 36 37 ¸ ¸ ¸ ¸ 38 39 3: 41 ¸ p p p ¸ ¸ ¸ ¸ 42 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 43 ¸ ¸ ¸ ¸ ¸ ¸ 44 ¸ ¸ ¸ ¸ ¸ 45 ¸ ¸ ¸ ¸ 46 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 47 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 48 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 49 ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ 4: 51 ¸ ¸ ¸ ¸ 52 53 54 55 56 Attachment 3 City of Ukiah City of Ukiah Recycled Water Pipeline Project Phase 4 Refinements Addendum 3 Scope of Work, Budget, and Schedule SMB environmental, Inc. (SMB) is pleased to provide this scope of work, budget, and schedule to complete the necessary environment documentation pursuant to the California Environmental Quality Act (CEQA) for the Phase 4 Refinements to (City) Recycled Water Pipeline Project (Proposed Project). What follows is our understanding of the effort required to meet CEQA compliance and our scope, budget, and schedule for completion. PROJECT BACKGROUND AND UNDERSTANDING In May 2013, the City prep Recycled Water Pipeline Project and on June 5, 2013 adopted the IS/MND and approved the Project (SCH #2013032072)dy. Subsequently in May 2015 and July 2017, the City prepared and approved two Addendums on minor project changes to the original Proposed Project description and further evaluated the potential effects of reducing flows to the Russian River. These documents are included by reference. Phases 1-3 of the Recycled Water Pipeline Project are under construction currently and expect to be completed by spring/summer 2019. The City would like to implement the complete project as originally planned in the 2012 Recycled Water Feasibility Study, which includes one remaining phase (i.e. Phase 4) of pipeline and customers. Phase 4 includes 21 parcels and 190 acres, all urban landscape irrigation sites. The Phase 4 customer sites include one (1) City owned golf course at the end of the line, a cemetery, some City parks and several City public schools. The City has already acquired signed recycled water use agreements from the planned Phase 4 customers. Due to the fact that many details were not known at the time, the 2012 Recycled Water Feasibility Study and the subsequent 2013 IS/MND and 2015 and 2017 addendums could not clearly outline or definethe Phase 4 storage requirements. Now the requirements for Phase 4 are better known and defined and include: Miscellaneous upgrade improvements at the existing tertiary filtration/disinfection system at the WWTP, mainly electrical, Instrumentation & controls, monitoring and testing equipment, etc. RW storage tank, up to 1 MG, and booster pump station at the City of Ukiah Sports Complex, located at the end of the Phase 3 RW Pipeline Project. ty owned golf course. Four (4) lined lakes, and irrigation pump station, at the golf course to provide operational storage for the RW system, as defined herein: Lakes Elev Ac A 1.4 AC B1 0.7 AC B2 0.4 AC C 1.6 AC (including irrigation PS) 57 0 ¦¤ ΐ 5ª¨ § 2¤¢¸¢«¤£ 7 ³¤± 0±®©¤¢³ ȃ 0§ ²¤ Γ 2¤¥¨­¤¬¤­³² /¢³®¡¤±ΑΏΐΗ The four lined lakes on the golf course are needed to provide end-of-the-line system storage. The lakes are designed to be intertied and gravity flow from Lake A to B1 to B2 to C. The irrigation pump station, located at Lake C, will provide irrigation of the City owned golf course, as well as system reliability. The operation of the lakes is planned to be such that the RW system will only use the top approximately two feet of the lake for irrigation, and would therefore be maintained as lakes. The only time the lined lakes would be emptied is if they need maintenance or cleaning. Due to the fact that the City is applying for grant money through the State Water Resources Control Board (State Board) through the State Revolving Fund (SRF) Loan Program and that the deadline for submitting complete packages, including complete CEQA coverage, is due by December 31, 2018 to be eligible for 2019 funding, - the City must complete CEQA on these Phase 4 Refinements on/or before that December 31, 2018. SCOPE OF WORK SMB will prepare an Addendum pursuant to CEQA for the Phase 4 Water Pipeline Project. It is recognized that some of these refinements may push the envelope of what is intended for an Addendum to a previously prepared IS/MND. However, given that it is likely that these refinements will not create any new significant environmental impacts that were not anticipated in the original IS/MND and/or require any new mitigation, then an Addendum may be appropriately prepared. If the City, State Board, or any other responsible agency requires that a supplemental IS/MND is required instead, then additional scope, budget, and schedule will be required and it would then be impossible to make the December 31, 2018 deadline for submittal for 2019 SRF funding consideration. BUDGET SMB proposes to prepare the Addendum as described above for a Fixed Fee price of $15,000. SCHEDULE December 5, 2018 City Council Meeting. This will require a complete and Final Project Description of the Phase 4 refinements from Carollo Engineers and City approval to this Proposal by October 31, 2018. This Addendum will require a 15 day- public review, which will need to be completed by November 21, 2018. 58 0 ¦¤ Α 5ª¨ § 2¤¢¸¢«¤£ 7 ³¤± 0±®©¤¢³ ȃ 0§ ²¤ Γ 2¤¥¨­¤¬¤­³² /¢³®¡¤±ΑΏΐΗ 2 3 RESOLUTION NO. 2018-__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ______________________________________________________ ESTABLISHING AN INTERIM REFERRAL PROCEDURE, UNTIL SUCH TIME THAT THE MENDOCINO COUNTY AIRPORT COMPREHENSIVE LAND USE PLAN IS UPDATED TO REFLECT CURRENT UKIAH MUNICIPAL AIRPORT ENVIRONS, FOR PROJECTS LOCATED IN THE A, A*, B1, B1* AND B2 ZONES OF THE 1996 COMPATIBILITY ZONING MAP OF THE UKIAH MUNICIPAL AIRPORT MASTER PLAN AND REFERRED BY THE CITY OF UKIAH COMMUNITY DEVELOPMENT DEPARTMENT TO THE MENDOCINO COUNTY AIRPORT LAND USE COMMISSION WHEREAS: 1.The 1996 Mendocino County Airport Comprehensive Land Use Plan (“ACLUP”) and related City of Ukiah documents needs to be updated to reflect current Ukiah Municipal Airport environs and State regulations; and 2.The City of Ukiah and the County of Mendocino need to work together to update their respective planning documents related to the Ukiah Municipal Airport; and 3.The ACLUP does not provide adequate clarity to the City of Ukiah Community Development Department (“Department”) on what projects in the A, A*, B1, B1*, and B2 Zones of the 1996 Compatibility Zoning Map of the Ukiah Municipal Airport Master Plan need referral to the Mendocino County Airport Land Use Commission (“ALUC”); and 4.The Department has not adopted an ALUC project referral process beyond what exists in Section 1.3 of the ACLUP; and 5.The City Council and Department wish to adopt an ALUC interim referral process, until such time that the ACLUP is updated to reflect current Ukiah Municipal Airport environs, for projects located in the A, A*, B1, B1*, and B2 Zones of the 1996 Compatibility Zoning Map of the Ukiah Municipal Airport Master Plan and referred by the Department to the ALUC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts a Mendocino County Airport Land Use Commission interim referral 4 Resolution No. 2018-___ procedure for the City of Ukiah Community Development Department, which is attached as “Exhibit A.” PASSED AND ADOPTED this __th day of _____ 2018, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ________________________________ Kevin Doble, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk 5 Resolution No. 2018-___ Mendocino County Airport Land Use Commission Interim Referral Process In the interim- until such time that the Mendocino County Airport Comprehensive Land Use Plan (ACLUP) is updated to reflect current Ukiah Municipal Airport environs- the City of Ukiah Community Development Department will refer projects in the “A and B Zones” to the Airport Land Use Commission (ALUC) for a consistency determination in a manner described in the ACLUP, and as more particularly described below. The A and B Zones include Zones A, A*, B1, B1*, and B2 of the July 1996 Compatibility Zoning Map of the Ukiah Municipal Airport Master Plan. I. Statutory Requirements Section 1.3.2 of ACLUP Any of the types of actions described in Section 1.3.2 of the ACLUP shall be referred to ALUC for a determination of consistency prior to their approval by the City. These include: (a) The adoption or approval of any amendment to a general or specific plan affecting the property within an airport's planning area (Section 21676 (b)). (b) The adoption or approval of a zoning ordinance or building regulation which (1) affects property within an airport's planning area and (2) involves the types of airport impact concerns listed in Paragraph 1.2 (Section 21676 (b)). (c)Adoption or modification of the master plan for an existing public-use airport (Section 21676 (c)). (d) Any proposal for a new airport or heliport whether for public use or private use (Section 21661.5) which requires a state airport permit. Section 1.3.4 of ACLUP The City will continue to refer the following individual actions/projects located in the A and B zones to the ALUC (please note these are also listed in the specific zone procedures below): (a) Any proposed expansion of a city's sphere of influence. (b) Proposed land use project by a government entity which exceeds 10,000 square feet. (c) Proposed storage of more than 2,000 gallons of fuel or flammables per parcel in portions of the B Zone not lateral to the runway. (d) Reconstruction of existing incompatible development within Compatibility Zone A. (e) Any proposed land use action, as determined by the local planning agency, involving a question of compatibility with airport activities. Items (d) and (e) are described more fully in the sections below. 6 1 II.Projects in the A and A* Compatibility Zones (the “A Zones”) A.Major Use Permits (MaUPs)/Site Development Permits (MaSDPs) Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local planning agency (the City of Ukiah Community Development Department), will be referred to the ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below. Procedure:After an initial analysis, the City of Ukiah Community Development Department will refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table 7A of the Ukiah Municipal Airport Master Plan (Table 2A in the ACLUP), listed in “Attachment 1” to this document. Per 1.3.4(d) of the ACLUP, reconstruction of existing incompatible development within the A Zones includes those buildings or development actions that are inconsistent with criteria in Table 7A, excepting certain ministerial actions described in IIC below. Note: an initial referral for major projects located in the A or A* Zones will be sent to County of Mendocino ALUC Planning Services staff (County ALUC Planning staff) on the date other departments and agencies are sent a project notification referral. County ALUC Planning staff will be given 7 work days to complete an initial analysis and determine if the project will need to be referred to the ALUC. At the County’s discretion, this may involve consultation with City Staff. If County ALUC Planning staff determine the project should be referred to the ALUC, then according to Section 1.4.4 of the ACLUP, the ALUC “must respond to a local agency’s request for a consistency determination on a project within 60 days of referral.” For clarification purposes, the date of ALUC referral is the date the City Community Development Department delivers the complete ALUC consistency determination analysis and staff report, supporting documentation, and requisite fee (paid by the applicant or City) to the County of Mendocino Department of Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will be deemed consistent with the ACLUP. B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs) MiUPs are proposed for small projects. Level 1 MiUPs involve temporary outdoor sales/display, special events and similar small projects and Level 2 MiUPs involve minor expansions or changes in use per the provisions in Article 20, Chapter 2 of Ukiah City Code. Procedure:Unless the project proposes a minor expansion or minor change in use that is not consistent with Compatibility Table 7A, MiUPs will not be referred to the ALUC. C. Building (Ministerial) Permits for “Allowed Uses” in Ukiah City Code The CalTrans Division of Aeronautics California Airport Land Use Planning Handbook describes when ministerial actions can be reviewed by the ALUC and states: “Subsequent to local jurisdiction action that makes planning policies fully consistent with the ALUCP \[ACLUP\], ALUCs only review ministerial permitting actions if the local jurisdiction agrees to submit them.” Procedure:Ministerial permits are not subject to discretionary review, and as such, cannot be modified or denied based on an unfavorable consistency determination from the ALUC. However, buildings within the A zones and/or the Ukiah Municipal Airport Layout Plan Runway Protection 7 2 Zones, although possibly listed as “allowed uses” in Ukiah City Code, may pose hazards to flight or airport operations. It is therefore important to adhere to the FAA determinations procedure below. D. Federal Aviation Administration (FAA) Determinations 1.Construction of New Structures not located in the Runway Protection Zone (RPZ) or Future RPZ of the Ukiah Municipal Airport Layout Plan (ALP): All projects located in the A Zones that involve the new construction of structures will be referred to the FAA for a flight hazard determination if, per federal regulations at Part 77, the height of the new structure exceeds a 100:1 slope threshold from the runway end. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. 2.Construction of New Structures located in the RPZ or Future RPZ of the Ukiah ALP: All projects located in the A Zones that involve the new construction of structures located in the RPZ or future RPZ of the Ukiah Municipal Airport Master Plan Airport Layout Plan will be referred to the FAA for a flight hazard determination. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. Pre-existing structures will not be required to be referred to the FAA for a flight hazard determination. This includes those structures that may never have been referred. III.Projects in the “B1” and “B1*” Compatibility Zones A.Major Use Permits (MaUPs)/Site Development Permits (MaSDPs) Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local planning agency (the City of Ukiah Community Development Department), will be referred to the ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below. Procedure:After an initial analysis, the City of Ukiah Community Development Department will refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table 7A of the Ukiah Municipal Airport Master Plan (Table 2A in ACLUP), listed in “Attachment 1” to this document, and/or Section 2.1.6 “Infill” of the ACLUP. Projects can be considered “infill” if they meet all of the following criteria: (a) The Airport Land Use Commission has determined that "substantial development" already exists. (b) The project site is bounded by uses similar to those proposed. (c) The proposed project would not extend the perimeter of the area developed with incompatible uses. (d) The proposed project does not otherwise increase the intensity and/or incompatibility of use through use permits, density transfers or other strategy. (e) The infill area has been identified by the local jurisdiction in its general plan or related document and approved by the Commission. 8 3 Additionally, if in the review of the project there are additional considerations that may allow the project to be deemed consistent if taking into account current standards and airport environs, specifically those standards listed in the California Airport Land Use Planning Handbook and Supporting Compatibility Criteria listed in Chapter 2, Section 3 of the ACLUP, City Staff will list those considerations in the Staff Report prepared for the ALUC as Findings for an Exception to the Compatibility Criteria in the ACLUP. Note: an initial referral for major projects located in the B1 or B1* Zones will be sent to County ALUC Planning staff on the date other departments and agencies are sent a project notification referral. County ALUC Planning staff will be given 7 work days to complete an initial analysis and determine if the project will need to be referred to the ALUC. At the County’s discretion, this may involve consultation with City Staff. If County ALUC Planning staff determine the project should be referred to the ALUC, then according to Section 1.4.4 of the ACLUP, the ALUC “must respond to a local agency’s request for a consistency determination on a project within 60 days of referral.” For clarification purposes, the date of ALUC referral is the date the City Community Development Department delivers the complete ALUC consistency determination analysis and staff report, supporting documentation, and requisite fee (paid by the applicant or City) to the County of Mendocino Department of Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will be deemed consistent with the ACLUP. B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs) The procedure will be the same as Section IIB above. C. Building (Ministerial) Permits for “Allowed Uses” in Ukiah City Code The CalTrans Division of Aeronautics California Airport Land Use Planning Handbook describes when ministerial actions can be reviewed by the ALUC and states: “Subsequent to local jurisdiction action that makes planning policies fully consistent with the ALUCP \[ACLUP\], ALUCs only review ministerial permitting actions if the local jurisdiction agrees to submit them.” Procedure:Ministerial permits are not subject to discretionary review, and as such, cannot be modified or denied based on an unfavorable consistency determination from the ALUC. No ALUC review will be required. D. Federal Aviation Administration (FAA) Determinations Projects located in the B1 or B1* Zones that involve the new construction of structures will be referred to the FAA for a flight hazard determination if, per federal regulations at Part 77, the height of the new structure exceeds a 100:1 slope threshold from the runway end. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. Pre-existing structures will not be required to be referred to the FAA for a flight hazard determination. This includes those structures that may never have been referred. 9 4 IV.Projects in the “B2” Compatibility Zone A. Major Use Permits (MaUPs)/Site Development Permits (MaSDPs) Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local planning agency (the City of Ukiah Community Development Department), will be referred to the ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below. Procedure:After an initial analysis, the City of Ukiah Community Development Department will refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table 7A of the Ukiah Municipal Airport Master Plan (Table 2A of the ACLUP), listed in “Attachment 1” to this document. Additionally, if in the review of the project there are additional considerations that may allow the project to be deemed consistent if taking into account current standards and airport environs, specifically those standards listed in the California Airport Land Use Planning Handbook and Supporting Compatibility Criteria listed in Chapter 2, Section 3 of the ACLUP, City Staff will list those considerations in the Staff Report prepared for the ALUC as Findings for an Exception to the Compatibility Criteria in the ACLUP. Note: an initial referral for major projects located in the B2 Zone will be sent to County ALUC Planning staff on the date other departments and agencies are sent a project notification referral. County ALUC Planning staff will be given 7 work days to complete an initial analysis and determine if the project will need to be referred to the ALUC. At the County’s discretion, this may involve consultation with City Staff. If County ALUC Planning staff determine the project should be referred to the ALUC, then according to Section 1.4.4 of the ACLUP, the ALUC “must respond to a local agency’s request for a consistency determination on a project within 60 days of referral.” For clarification purposes, the date of ALUC referral is the date the City Community Development Department delivers the complete ALUC consistency determination analysis and staff report, supporting documentation, and requisite fee (paid by the applicant or City) to the County of Mendocino Department of Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will be deemed consistent with the ACLUP. B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs) The procedure will be the same as Section IIB above. C. Building (Ministerial) Permits for “Allowed Uses” in Ukiah City Code The procedure will be the same as in Section IIIC above. D. Federal Aviation Administration (FAA) Determinations Projects located in the B2 zone that involve the new construction of structures will be referred to the FAA for a flight hazard determination if, per federal regulations at Part 77, the height of the new structure exceeds a 100:1 slope threshold from the runway end. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. : 5 Pre-existing structures will not be required to be referred to the FAA for a flight hazard determination. This includes those structures that may never have been referred. V. Properties Subject to an Avigation Easement For any property subject to an easement that limits the Grantor so they “shall not hereafter erect, or permit the erection or growth of, any structure, tree or other object”, any project that constructs new buildings or expands existing buildings into the area of the easement shall be presented to the Airport Land Use Commission for a consistency determination. A determination of no hazard to air navigation may be submitted along with the package to the Airport Land Use Commission for review but does not constitute a finding of consistency. Projects that do not expand the current building footprint, but simply replace the building with an updated building within the same or smaller footprint, shall not require a consistency determination. For properties subject to an easement that have proposed project(s) not encroaching on the area of said easement, a consistency determination will not be required from the ALUC unless triggered under one of the criteria in I – IV above. For the purposes of this document, shall is to mean must. 21 6 22 23 24 25 26 2 3 4 Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail:drapport@pacbell.net David J. Rapport (707) 462-6846 Lester J. Marston FAX 462-4235 Scott Johnson Darcy Vaughn Mary Jane Sheppard M E M O R A N D U M TO: Craig Schlatter, Director of Community Development FROM: David J. Rapport, City Attorney DATE:August 3, 2018 SUBJECT: Compatibility Determinations under Airport Planning Law _____________________________________________________________________________ During its hearing the appeal from the Planning Commission decision approving a site development permit to construct a facility in the Airport Land Use Master Plan zone “A*”, the City Council continued the hearing to request a compatibility determination by theMendocino County Airport Land Use Commission (“ALUC”). Having received that determination, the Planning Commission has been requested by the City Council to make a recommendation after considering the ALUC’s determination This memorandum addresses the legal requirements for responding to a compatibility determination by the “ALUC.” CONCLUSION In my opinion, the City is not required to deny a permit for the Garten Tractor project, based on the ALUC’s determination that the Project is not compatible with the Mendocino County Airport Land Use Plan (“County Plan”). The City Council has discretion to approve or overturn the Planning Commission decision. It is not required to give notice of its meeting to the ALUC, to take action approving the project by a 2/3 vote or to make specific findings required by Public Utilities Code Section 21676. Those requirements only apply to the approval or amendment of a General Plan or a zoning code provision that is incompatible with the County Plan. If the project approval is upheld, I would recommend additional findings, based on substantial evidence in the record, that the project will not increase the public’s exposure to noise or safety hazards associated with airport operations. ANALYSIS On June 6, 1996, the ALUC found the City’s Airport Master Plan and Master Plan Map consistent 5 with the County Airport Land Use Plan (“County Plan”). (See Attachment A, minutes of that meeting.) The City’s General Plan incorporates the Airport Master Plan by reference. (Airport Element (Section V.1.).) As a result, referrals to the ALUC for consistency determinations are not required by the provisions of the Public Utilities Code requiring Airport Land Use Plans. (Pub. U. Code Sec. 21670 et sq.). (See CA airport handbook attached as Attachment B.) The County Plan allows, but does not require, the City to refer projects for a consistency determination. (See Section 1.3.4(e): Once the City plan is found consistent, a local agency may submit for a consistency determination “. . . any proposed land use action determined by local planning agency to involve a question of compatibility.”) Consequently, a review by the ALUC for compatibility is at the discretion of the City and a determination that the project is inconsistent is advisory and does not require the City to reject the project. The procedures in Pub. Util. Code Section 21676 requiring referral to the ALUC and allowing the local jurisdiction to overrule the Commission by a 2/3 vote based on specific findings only applies to the adoption or amendment of a general plan or zoning code provision affecting land use within an airport compatibility zone or the adoption of an airport master plan. These procedures and requirements do not apply to a decision to grant or deny a land use permit for a specific project. The ALUC has no jurisdiction over individual land use decisions in the City. Accordingly, the City Council is not required to deny a permit based on a determination by the ALUC that the project is inconsistent with the County Plan. It is not required to adopt specific findings. It is not required to act by a 2/3 vote. It is not required to give the ALUC 45 days’ notice of its hearing on the project. The adopted County Plan and the City’s Airport Master Plan provide that: Lands within the A* and B1* zones are currently not under airport ownership. However, it is the intention of the City of Ukiah to provide long-term control of the land uses within these areas by either acquiring the property in fee or obtaining approach protection easements restricting the type and density of land uses permitted. (See Attachment A, p. 3.) Despite its incompatibility, the Commission and/or the City Council could find that since the City has not acquired title to the Garton Tractor property or acquired an avigation easement that prohibits development on the property, it is not in a position to prohibit development as required in the A* zone. If that were a decision that the Planning Commission would recommend or that staff would recommend to the City Council, then findings should be made based on substantial evidence in the record that the proposed project will minimize the public’s exposure to excessive noise and safety hazards associated with airport operations. 6 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION MINUTES - REGULARJUNE 6, 1996 LOCATION:Board of Supervisors Chambers, 301 South State Street, Ukiah, California COMMISSIONERS PRESENT:Wood, Calvert, Shelton, Simon, Harris COMMISSIONERS ABSENT:Ruffing PLANNING & BLDG SVC STAFF PRESENT:Debra White, Administrative Aide Alan Falleri, Chief Planner Gary Pedroni, Planner II OTHERS PRESENT:Frank Zotter, County Counsel Ken Brody, Shutt, Moen & Associates Charlie Stump, City of Ukiah The meeting was called to order at 2:30 p.m. ROLL CALL All members were present with the exception of Commissioner Ruffing. APPROVAL OF MINUTES Upon motion by Commissioner Wood, seconded by Commissioner Harris and unanimously carried (5-0; Ruffing absent), IT IS ORDERED that the Airport Land Use Commission Minutes of May 16, 1996 are approved as submitted. PUBLIC HEARING AND ADOPTION OF THE COMPREHENSIVE LAND USE PORTION OF THE UKIAH MUNICIPAL AIRPORT DRAFT MASTER PLAN REPORT B-2 Zone North of the Airport - Infill. Mr. Charlie Stump, City of Ukiah briefly reviewed his Field Notes dated May 24, 1996, in which he surveyed the existing land uses within the B-2 Zone North of the airport. It was his conclusion that types and intensities of the existing land uses support the recommended Infill policy. Discussion followed by the Commission regarding the County-wide Infill policy, percentage developed, survey conducted by the City and how new development will be reviewed based on the Infill policy. Mr. Brody, Mr. Pedroni and Mr. Stump also discussed the above issues and responded to questions from Commissioners. Mr. Brody explained that, provided the proposed development is consistent with the Plan, it will not be reviewed by the Airport Land Use Commission. Mr. Stump clarified that, in preparing the survey, he did not determine percentage of development. Mr. Pedroni discussed the methods used by County staff in determining “percentage developed” information for the other airports. 7 MENDOCIINO COUNTY AIRPORT LAND USE COMMISSIONJUNE 6, 1996 MINUTESPAGE 2 The percentage developed criteria used for the other airports was based on potential density, not types of development. The criteria used for the other airports considered density not intensity of use. Mr. Brody read Policy 2.1.6 from the Comprehensive Land Use Plan adopted for other airports in the County which addresses infill. Mr. Brody explained that development in this B-2 Zone will be allowed as long as it is not more intensive than what presently exists. The Commission discussed in detail proposed modifications to the first paragraph on Page 7-33. Several modifications were considered. The multifamily residential development limit of 30 dwelling units per acres should be changed to 28 using that standard multiplier of 1.92 people per multifamily residence as prescribed by the California Housing and Community Development Department. Also, the 28 dwelling units per acre density equates to a maximum of 54 people per acre, not 58. Mr. Falleri noted that the language finding high density residential development normally acceptable is only looking at noise issues and is not considering the safety issue. Discussion continued by the Commission regarding safety issues in the B-2 Zone. The Commission reviewed Table 2A found on Page 2-6 of the Comprehensive Land Use Plan. Mr. Falleri pointed out that this compatibility chart provides some flexibility for multifamily residential development. The Commission discussed specific parcels that could be impacted from language that precludes mutlifamily residential development. The vacant lot behind the Yokayo shopping center was specifically discussed. Several Commissioners felt that new multifamily development should be precluded due to safety concerns. The Commission considered Policy 1.3.4 of the Comprehensive Land Use Plan which details specific developments which must be reviewed by the Airport Commission within A and B Zones. The Commission considered adding language to the proposed modification of the first paragraph on Page 7-33 which would require a percentage of open space lands for any proposed multifamily development. During discussion of two story structures, it was clarified that exempt “equipment rooms,” are attic areas that would include storage of air and heating equipment. It was the consensus of the Commission to recess to provide staff an opportunity to develop modified language to address concerns regarding multifamily residential development. RECESS: 3:16 - 3:30 p.m. Mr. Brody reviewed proposed modified language to the first paragraph on Page 7-33 to address Commissioners’ concerns. The final proposed modification to the first paragraph on Page 7-33 follows: “The B2 zone north of the Airport largely encompasses existing development. Some vacant land remains, however, and redevelopment of other parcels is anticipated. The Infill policy (Policy 2.1.6) of the County-wide Compatibility Plan is applicable to the entirety of this B2 zone. This policy allows new development of a similar intensity to that of surrounding, already existing, uses. A survey of the area has been conducted to determine the current types and intensity of uses. The following limits on future development of this zone are set accordingly: (1) New residential development is discouraged in this zone. However, where such development is considered the best land use for a particular parcel with regard to general city planning factors, high-density, multifamily residential development shall –because of its lower sensitivity to noise compared to single-family residential uses –be deemed normally acceptable. Any new multifamily residential development shall not exceed 28 dwelling units per acre. Any proposed multifamily residential development greater than 8 MENDOCIINO COUNTY AIRPORT LAND USE COMMISSIONJUNE 6, 1996 MINUTESPAGE 3 four acres shall maintain a minimum of 30 percent open lands including non enclosed automobile parking lots, major landscaping areas and a share of adjacent roads. New single-family residential uses shall continue to be regarded as normally unacceptable. (2) Non-residential uses shall not exceed 90 people per acre. (3) Routinely occupied portions of buildings shall not exceed two stories in height (equipment rooms, etc., are exempt). (4) Restaurants and motels are acceptable uses in the B2 infill zone provided that they do not exceed the above two criteria. (5) An existing school or hospital located within the B2 infill zone may be expanded provided that the buildings are single story and the use does not exceed an intensity of 60 people per acre.” Commissioners supported the proposed language and agreed that it is the intent of the Commission that the added language applies to the property south of Gobbi Street, east of the Yokayo Shopping Center, west of the railroad tracks and north of the terminus of Apple Street. It was further agreed that, if this land is slightly smaller than 4 acres, after its exact size is confirmed, the Airport Commission will decrease the 4 acre size limit within the policy to insure that this parcel is addressed, however, the size limit shall be no more than four acres. The public hearing was declared open and subsequently closed on the Comprehensive Land Use portion of the Ukiah Municipal Airport Draft Master Plan Report when no one was present to address the matter. Upon motion by Commissioner Shelton, seconded by Commissioner Calvert and unanimously carried (5-0; Ruffing absent), IT IS ORDERED that the Airport Land Use Commission adopts the Ukiah Municipal Airport Comprehensive Land Use Plan, subject to the amendments as agreed to by the Airport Land Use Commission on May 16 and June 6, 1996, for incorporation into the County-wide Comprehensive Land Use Plan (adopted October 21, 1993), as follows, finding that this action will not have the potential for any significant environmental impact based upon the previous Negative Declaration adopted by the Ukiah City Council associated with the overall Ukiah Municipal Airport Master Plan Figure 7J (following Page 7-32 of the Ukiah Municipla Airport Master Plan Report, July, 1995) is adopted as the “Compatibility Map” for the Ukiah Municipal Airport changing the B2 Zone east of the airport which is adjacent to the A Zone (airport industrial park) to a B1 Zone. The following individual airport policies are adopted for the Ukiah Municipal Airport. These policies modify the criteria set forth in the ALUC’s “Compatibility Criteria” table. The following policies to be added to Chapter 3 of the County-wide Comprehensive Land Use Plan: Lands within the A* and B1* zones are currently not under airport ownership. However, it is the intention of the City of Ukiah to provide long-term control of the land uses within these areas by either acquiring the property in fee or obtaining approach protection easements restricting the type and density of land uses permitted. The B2 zone north of the Airport largely encompasses existing development. Some vacant land remains, however, and redevelopment of other parcels is anticipated. The Infill policy (Policy 2.1.6) of the County-wide Compatibility Plan is applicable to the entirety of this B2 zone. This policy allows new development of a similar intensity to that of surrounding, already existing, uses. 9 MENDOCIINO COUNTY AIRPORT LAND USE COMMISSIONJUNE 6, 1996 MINUTESPAGE 4 A survey of the area has been conducted to determine the current types and intensity of uses. The following limits on future development of this zone are set accordingly: (1) New residential development is discouraged in this zone. However, where such development is considered the best land use for a particular parcel with regard to general city planning factors, high-density, multifamily residential development shall –because of its lower sensitivity to noise compared to single-family residential uses –be deemed normally acceptable. Any new multifamily residential development shall not exceed 28 dwelling units per acre. Any proposed multifamily residential development greater than four acres shall maintain a minimum of 30 percent open lands including non enclosed automobile parking lots, major landscaping areas and a share of adjacent roads. New single-family residential uses shall continue to be regarded as normally unacceptable. (2) Non-residential uses shall not exceed 90 people per acre. (3) Routinely occupied portions of buildings shall not exceed two stories in height (equipment rooms, etc., are exempt). (4) Restaurants and motels are acceptable uses in the B2 infill zone provided that they do not exceed the above two criteria. (5) An existing school or hospital located within the B2 infill zone may be expanded provided that the buildings are single story and the use does not exceed an intensity of 60 people per acre. Recording of a Deed Notice is considered an acceptable alternative to dedication of an avigation or overflight easement in the B2 and C zones. Establishment of a Real Estate Noise Disclosure requirement shall be considered an acceptable alternative to a Deed Notice requirement in the D zone. With regard to the “Compatibility Criteria” table in general, the reference to “significant risk” under the impact elements for the B2 zone shall be changed to “Moderate risk.” PUBLIC HEARING AND RECOMMENDATION TO THE CITY OF UKIAH REGARDING UKIAH MUNICIPAL AIRPORT DRAFT MASTER PLAN REPORT CONSISTENCY WITH ADOPTED COMPREHENSIVE LAND USE PLAN Staff briefly discussed the Airport Mater Plan and consistency with the Comprehensive Land Use Plan. The Airport planning consultant, Ken Brody, as well as planning staff from both the City and County, commented that they were unaware of any inconsistencies between the two documents. The public hearing was declared open and subsequently closed when no one was present to address this matter. Upon motion by Commissioner Wood, seconded by Commissioner Shelton and unanimously carried (5- 0; Ruffing absent), IT IS ODERED that the Airport Land Use Commission finds the Airport Master Plan is consistent with the Ukiah Comprehensive Land Use Plan as amended by the Airport Land Use Commission on May 15 and June 6, 1996 as follows: Page 2-7: Delete heading and paragraph relating to Runway Width. : MENDOCIINO COUNTY AIRPORT LAND USE COMMISSIONJUNE 6, 1996 MINUTESPAGE 5 Page 5-11: Replace the last paragraph “Accordingly… is next reconstructed.” With the following: “Airport user and City input strongly supports the maintenance of the runway at its existing 150-foot width. Accordingly, the Airport Layout Plan depicts the existing and future width of Runway 15-33 at 150 feet.” Page 7-9: Replace second and third paragraphs with the following, and delete adjacent sidebar: “the City of Ukiah adopted a new General Plan on December 6, 1995. Work on the Airport Master Plan has been accomplished simultaneously with preparation of the new General Plan. Coordination was maintained during the two planning efforts and the two documents are, with minor exceptions, consistent. The following paragraphs highlight portions of the General Plan which address airport-related concerns. Airport-related matters for which amendment of the General Plan is recommended are listed on Page 7-28. Page 7-9: Fourth paragraph, modify as follows: Delete fifth and sixth sentences, “…The plan calls… and industrial uses…” Modify seventh sentence to begin: “Most expansion of…” Add sidebar entitled “Ukiah General Plan Residential Land Use Densities” and listing the following” Rural Residential <1 du/ac Low Density 1-6 du/ac Medium Density 1-14 du/ac High Density 1-28 du/ac Page 7-9: Fifth paragraph, replace with the following: “Airport Element – This element of the General Plan focuses on the role of the Ukiah Municipal Airport and the land usse compatibility issues associated with the airport’s operations. No specific recommendations regarding future development of the airport are made. Land use compatibility policies are also kept in general terms, with the emphasis instead being placed on future adoption of an Airport Overlay Zone which would set forth detailed compatibilitiy criteria. Page 7-12: Table 7A, modify as follows: Change subtitle from “Ukiah Municipal Airport” to “Mendocino County ALUC.” Below “Source” on second page of table, add: “Note: The criteria listed in this table are the Countywide policies adopted by the Mendocino County Airport Land Use Commission. Recommended modifications specifically applicable to Ukiah Municipal Airport are discussed on Page 7-32.” Page 7-21: Paragraph beginning “Although these…”, fifth line should read: “…change to the extent that it unnecessarily creates…” Page 7-24: First full paragraph, replace second sentence with the following: “…city limits. The new Ukiah General Plan does not propose annexation in this area. City acquisition of approach protection easements on this property, as proposed in this Master Plan, would not necessitate annexation. However, 21 MENDOCIINO COUNTY AIRPORT LAND USE COMMISSIONJUNE 6, 1996 MINUTESPAGE 6 if negotiations with property owners results fee title rather than easement acquisition of any of the parcels, then city annexation of those parcels would be appropriate.” Page 7-28: “Land Use Designation” section, add third paragraph as follows: “…uses to the south. The adoption of an Airport Overlay Zone as proposed in the new Ukiah General Plan is capable of largely eliminating this latter concern. The underlying land use designations should nevertheless be modified in the area bordering the north end of the Runway 15 runway Protection Zone. A commercial or industrial designation should be shown on the General Plan Land Use Map in place of the present medium- and high-density residential designations. The General Plan also should reflect the proposed City acquisition of approach protection easements within and adjacent to both RPZs. Page 7-32, Figure 7J and Page 7-33: Amended as noted above under motion for adoption of the Ukiah Municipal Airport Comprehensive Land Use Plan. Chairman Simon commended staff members from the City and County and the consultant for the excellent job in preparing the plans and modifications which help to expedite the hearing process. MATTERS FROM STAFF/COMMISSION Review of Composition of Airport Land Use Commission and Stipulation with the City of Willits Mr. Frank Zotter discussed the Stipulation with the City of Willits which designates the make up of the Commission. He also discussed State laws which provide to proxies. A modification proposed to the stipulation would change the make up of the Commission so that three Planning Commissioners would be appointed by the Board of Supervisors, three Commissioners appointed by the City Select Committee, and the seventh member appointed by the Airport Land Use Commission. Two members appointed to the Commission shall have aviation expertise. The modification would allow the Airport Commission to appoint anyone to the Commission rather than limiting to a current Planning Commission member. Chairman Simon reported that the City of Willits has approved the proposed modification to the stipulation. The Commission discussed the use of proxies on the Commission with several Commissioners expressing concern with this procedure. Mr. Zotter discussed State law which provides for use of proxies. He stated that, in fact, all Commissioners are required to select a proxy and submit that selection to the Secretary of the Commission. Ms. White reported in response to Mr. Zotter that the only Commissioner with a proxy on file with the Department is Commissioner Ruffing. The Commission discussed possibilities for controlling use of proxies by adopting rules which would restrict their use. It was the general consensus of Commissioners that they do not support the use of proxies, however, given Counsel’s advice that they do not have the authority to eliminate use of proxies given the State law, then their second choice was to develop some rules which would regulate use of proxies. The Commission also discussed the possibility of eliminating use of proxies through a modification of the stipulation. The Commission also discussed the term “aviation expertise” and felt that the term should be more clearly defined. The Commission also briefly discussed whether proxies are required to file conflict of interest statements with the County Clerk and Commissioner Calvert recommended that staff check into this matter and, if conflict of interest statements are required, that staff contact the proxies to notify them of 22 MENDOCIINO COUNTY AIRPORT LAND USE COMMISSIONJUNE 6, 1996 MINUTESPAGE 7 this requirement. By Order of the Chair, staff was requested to discuss the issue of use of proxies and definition of aviation expertise with the City of Willits to determine if a modification to the stipulation can be developed or if rules of the Commission can be developed to limit the use of proxies. ADJOURNMENT Upon motion by Commissioner Harris, seconded by Commissioner Wood and unanimously carried (5-0; Ruffing absent), IT IS ORDERED that the Airport Land Use Commission hearing is adjourned at 4:39 p.m. 23 24 25 26 27 28 29 2: Mail Processing CenterAeronautical Study No. Federal Aviation Administration2018-AWP-13646-OE Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX76177 Issued Date: 10/19/2018 Michelle Irace City of Ukiah 300 Seminary Ave Ukiah, CA95482 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Building existing, 2,480 sf, 20 ft high building Location:Ukiah, CA Latitude:39-08-12.49N NAD 83 Longitude:123-12-08.29W Heights:630 feet site elevation (SE) 20 feet above ground level (AGL) 650 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 L Change 2. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as 31 Page 1 of 3 indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study included evaluation of a structure that exists at this time. Action will be taken to ensure aeronautical charts are updated to reflect the most current coordinates, elevation and height as indicated in the case description. If we can be of further assistance, please contact our office at (424) 405-7643, or karen.mcdonald@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2018- AWP-13646-OE. Signature Control No: 382260221-387993982( DNE ) Karen McDonald Specialist Attachment(s) Map(s) 32 Page 2 of 3 TOPO Map for ASN 2018-AWP-13646-OE 33 Page 3 of 3 34 35 PROPOSED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH OVERRULING FINDING OF MENDOCINO COUNTY AIRPORT LAND USE COMMISSION WHEREAS: 1.On October 18, 2018, the Mendocino County Airport Land Use Commission (“ALUC”) adopted Resolution No. ALUC_2018-0006- Heritage Mendocino ACLUP Consistency Determination (“Consistency Determination”); and 2.The Consistency Determination found that the Heritage Mendocino project, as proposed (the “project”), is inconsistent with the Mendocino County Airport Land Use Plan (the “ACLUP”) for the Ukiah Municipal Airport, because although the Project would occupy a pre-existing structure, it would introduce a land use (i.e. commercial retail/light industrial) that is not permissible in the A* Zone pursuant to Table 2A of the ACLUP. In addition, Appendix D of the ACLUP identifies the proposed commercial and industrial uses as incompatible in Zone A. 3.The City Council directed the Director to prepare the proposed decision to overrule the Consistency Determination based on ultimate findings that: a.The project is not inconsistent with the restrictions in the A* zone given that the proposed project would be located within an existing building that was constructed in the early 1950s, prior to the 1996 adoption of the ACLUP, and the proposed use is consistent with historical uses approved in the past for industrial, manufacturing and retail purposes. b.The project site is currently surrounded by similar industrial, manufacturing and retail uses. c.The FAA has determined that the existing building would pose no hazard to air navigation. In addition, the technical memorandum prepared by Mead & Hunt concluded that the existing building is well below the allowable structure height based on Federal Aviation Administration Part 77 airspace surfaces for the Ukiah Municipal Airport. NOW, THEREFORE, BE IT RESOLVED as follows: 1.The City Council adopts the findings contained in Attachment 1. 2.The City Council directs the Director to proceed with the Overrule process. 3.The City Council directs the Director to provide the California Department of Transportation, Division of Aeronautics (“Division”) and the ALUC with notice of this proposed decision overruling the Consistency Determination no less than 45 days before a public hearing is scheduled before the City Council on 36 the proposed overrule of the project; and the Division and ALUC have 30 days from date they are served with this Proposed Decision to file with the City Clerk any comments they may have about the proposed decision. 4. Based on the findings in Attachment 1 and the ultimate findings in Recital No. 5, the City Council finds that the project: (1) is not inconsistent with the restrictions in the A* zone given that the proposed project would be located within an existing building that was constructed in the early 1950s, prior to the 1996 adoption of the ACLUP, and the proposed use is consistent with historical uses approved in the past for industrial, manufacturing and retail purposes; and (2) will minimize the public’s exposure to excessive noise and safety hazards within the area where the project is located. 5. Based on the findings in Nos. 1 through 5 above, the City Council overrules the ALUC Consistency Determination for the Heritage Mendocino project. PASSED AND ADOPTED this __th day of _____ 2018, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ________________________________ Kevin Doble, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk 37 ATTACHMENT 1 FINDINGS FOR PROPOSED UKIAH CITY COUNCIL OVERRULE OF MENDOCINO COUNTY AIRPORT LAND USE COMMISSION DETERMINATION OF INCONSISTENCY WITH REGARD TO PROPOSED HERITAGE MENDOCINO CANNABIS MICROBUSINESS PROEJCT 1. The Mendocino County Airport Comprehensive Land Use Plan (ACLUP) was adopted by the Mendocino County Airport Land Use Commission (ALUC) in 1993 and revised in 1996. This countywide document contains the individual plans for each of the airports in the county, including Ukiah Municipal Airport (UKI). A policy amendment pertaining only to UKI was made in 2010 (the amendment concerned public facility buildings). 2. The ACLUP Compatibility Map for UKI is based upon the 1996 UKI Airport Layout Plan (ALP). That ALP shows the existing north end of the runway (Runway 15) as relocated 585 feet from the physical end of the pavement. This configuration matches the way that the runway exists today. The 1996 ALP indicates that the existing Runway Protection Zone (RPZ) for Runway 15 had dimensions of 500 feet width at the inner end, 1,700 feet length, and 1,010 feet width at the outer end. These dimensions match the Federal Aviation Administration (FAA) airport design standards which were in place at that time for runways in the UKI runway category and having a nonprecision approach. 3. The UKI ALP was updated in 2015. This newer ALP depicts both the existing and a proposed future configuration for the north end of the runway. The future configuration would utilize pavement that already exists to shift the runway end 465 feet northward, thereby increasing the runway length by that amount. The landing threshold would remain where the runway now ends, thus creating a 465-foot displaced threshold. The 2015 ALP shows the existing RPZ as having dimensions of 500 feet width at the inner end, 1,000 feet length, and 700 feet width at the outer end. This reduction in the RPZ dimensions reflects a change in FAA design standards since 1996, not any difference in the type of approach to Runway 15. The future RPZ would keep the same dimensions, but would shift 465 feet northward as dictated by the proposed runway end shift. The ALUC has not updated the UKI ACLUP to reflect these changes. 4. The 1993/96 ACLUP establishes two compatibility zones encompassing the RPZ depicted on the 1996 ALP. Compatibility Zone A is the portion of the RPZ that is on airport property. Compatibility Zone A* contains privately owned parcels that are at least partly within the 1996 RPZ. The City of Ukiah owns avigation easements on each of these parcels. The compatibility criteria for both zones prohibit all new structures and any use that would have more than 10 people per acre. Adjoining Compatibility Zone A* and falling almost entirely outside of the 1996 RPZ or either of the 2015 RPZs is Compatibility Zone B1 (the two very small outer corners of the 1996 RPZ that extend into Compatibility Zone B1 are within public street rights-of-way). Compatibility criteria for this zone limit nonresidential uses to no more than 60 people per acre and prohibit risk-sensitive uses such as schools and hospitals, highly noise-sensitive uses, and uses where highly flammable materials are stored. 5. The Heritage Mendocino property lies fully within Compatibility Zone A*. The RPZ identified in the 2015 ALP immediately borders the parcel to the southwest of the property, however no portion of the property nor the existing building is located within the RPZ. In addition, the subject parcel was not included in the 1996 RPZ. Heritage Mendocino proposes a cannabis microbusiness that would include distribution, dispensary/retail, manufacturing, and 38 processing of recreational and medicinal products within an existing 2,480 sf, 20 ft high building along the northern side of the property. The property and building have been historically used in the past for industrial, manufacturing and retail purposes similar to that proposed by the applicant. According to the applicant, the business is anticipated to have up to 5 employees, working at different times and not to exceed three employees at any one time, and two customers. Therefore, the business does not anticipate having more than 5 persons on site at any one time. The site and existing building have historically been occupied with industrial and manufacturing uses with 5-8 employees and 1-5 customers. 6. If the Compatibility Zone A* boundary were to coincide with the combined outline of the 2015 existing and future RPZs, the proposed building would be within Compatibility Zone B1 and would meet the 1993/96 ACLUP compatibility criteria for that zone. 7. Safety compatibility guidelines contained within the 2011 Caltrans Airport Land Use Planning Handbook (Handbook) are also relevant to the proposed Heritage Mendocino project, especially because the UKI ACLUP has not been updated to be based upon the adopted UKI ALP as state law says it should be. Figure 3A of the Handbook depicts example safety compatibility zones. Example 2, for medium general aviation runways (ones having a length of 4,000 to 5,999 feet), is most applicable to UKI’s 4,423-foot existing and 4,888-foot proposed future lengths. However, as stated in Note 1 of Figure 3A, the example Zone 1 boundaries are intended to reflect F AA dimensions for RPZs and may need to be adjusted from the example’s dimensions to match the actual RPZ dimensions for a particular airport. On this basis, the site of the existing building would be within Handbook Safety Zone 2 for both the existing and future UKI runway configurations. Handbook guidelines for suburban- area development in Safety Zone 2 recommend limits of 40 to 60 people per average acre of the property with no more than 80 to 120 people within any single acre. The occupancy of the existing building that would be utilized by Heritage Mendocino would be well within these guidelines. 8. On August 21, 2018Form 7460 was submitted to the FAA to notify the agency about the project. The FAA conducted an aeronautical study of the existing structure and made a determination that it would pose no hazard to air navigation (letter dated 10/19/2018). 9. To summarize, an overrule of the ALUC is justified because: a. The Mendocino County ALUC has not updated the Airport Comprehensive Land Use Plan for the Ukiah Municipal Airport adopted in 1993 and amended in 1996 and 2010 to reflect Runway Protection Zone dimensions shown on the 2015 Airport Layout Plan. b. The proposed project would be located within an existing building that was constructed in the early 1950s, prior to the 1996 adoption of the ACLUP and the proposed use is consistent with historical uses approved in the past for industrial, manufacturing and retail purposes. c. The project site is currently surrounded by similar industrial, manufacturing and retail uses. d. The proposed Heritage Mendocino project would be located in an existing building, and would not be situated within either the existing or future Runway Protection Zones depicted on the 2015 Airport Layout Plan. e. If the ALUC were to modify the Airport Comprehensive Land Use Plan so that the boundaries of Compatibility Zone A* were to match those of the existing and future Runway Protection Zone dimensions on the 2015 Airport Layout Plan, the site of the existing building would fall within Compatibility Zone B1 and would be consistent with the criteria for that zone. 39 f. Absent a current Airport Comprehensive Land Use Plan for the Ukiah Municipal Airport, consideration should be given to the safety compatibility guidance provided in the 2011 CaltransAirport Land Use Planning Handbook. The existing building falls within the Handbook’s example Safety Zone 2 for a medium general aviation runway and the building’s proposed usage would be consistent with the guideline safety criteria for that zone. g. The FAA has determined that the existing building would pose no hazard to air navigation. 3: 2 3 Buubdinfou2 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE ENFORCEMENT OF SHOPPING CART CONTAINMENT AND RETRIEVAL ORDINANCE. The City Council of the City of Ukiah ordains as follows: SECTION ONE. in Chapter 1, Division 7 of the Ukiah City Code shall be amended to read as follows. ARTICLE 11. SHOPPING CARTS Sections: 6096 Unauthorized removal, alteration, or possession of a shopping cart. 6097 Definitions. 6098 Penalty for Violation. §6096 Unauthorized removal, alteration, or possession of a shopping cart. It is unlawful and a public nuisance for any person to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign in compliance with Section 2383 of this Code: A. Remove a shopping cart from the business premises where it belongs, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart; or B. Possess or abandon an off-site shopping cart, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart; or C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a cart, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart. §6097 Definitions. All terms in this Article shall have the meaning stated in Section 2381 of this Code. §6098 Penalty for Violation. Any person who knowingly or willfully violates any provision of this Article is guilty of a misdemeanor.In addition to the penalty prescribed in Business and Professions Code 4 Њ Section 22435.3 or any amendment thereof, a violation of this Article is a misdemeanor, subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment in the County jail for a period not exceeding three (3) months, or by both such fine and imprisonment. SECTION FOUR. 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: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble NOES: None ABSENT: None ABSTAIN: None Adopted on ___________, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Kevin Doble, Mayor ATTEST: 5 Ћ __________________ Kristine Lawler, City Clerk 6 Ќ Buubdinfou3 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE ENFORCEMENT OF SHOPPING CART CONTAINMENT AND RETRIEVAL ORDINANCE. The City Council of the City of Ukiah ordains as follows: SECTION ONE. in Chapter 1, Division 7 of the Ukiah City Code shall be amended to read as follows. ARTICLE 11. SHOPPING CARTS Sections: 6096 Unauthorized removal, alteration, or possession of a shopping cart. 6097 Definitions. 6098 Penalty for Violation. §6096 Unauthorized removal, alteration, or possession of a shopping cart. It is unlawful and a public nuisance for any person to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign in compliance with Section 2383 of this Code: A. Remove a shopping cart from the business premises where it belongs, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart; or B. Possess or abandon an off-site shopping cart, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart; or C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a cart, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart. §6097 Definitions. All terms in this Article shall have the meaning stated in Section 2381 of this Code. §6098 Penalty for Violation. Any person who knowingly or willfully violates any provision of this Article is guilty of a misdemeanor. 7 Њ SECTION FOUR. 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: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble NOES: None ABSENT: None ABSTAIN: None Adopted on ___________, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Kevin Doble, Mayor ATTEST: __________________ Kristine Lawler, City Clerk 8 Ћ 2 3 2 3 4 (see calendar from NCPA) 5 6