HomeMy WebLinkAbout2023-07-19 PacketPage 1 of 5
City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below)
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600
Or you can call in using your telephone only:
• Call (toll free) 1-669-444-9171
• Enter the Access Code: 971 9942 6600
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself
Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at
www.cityofukiah.com/meetings.
July 19, 2023 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Proclamation of the Ukiah City Council Recognizing July 26, 2023, as Disability Independence
Day.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing July 26, 2023
as Disability Independence Day.
Attachments:
1. 2023 Disability Independence Day Proclamation
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the June 21, 2023, Regular Meeting.
Recommended Action: Approve the Minutes for the June 21, 2023, Regular Meeting.
Attachments:
1. 2023-06-21 Draft Minutes
Page 1 of 232
Page 2 of 5
7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The
City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time
within which the decision of the City Boards and Agencies may be judicially challenged.
8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will
be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will
approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
8.a. Council to Receive and File Adopted 2023-24 Fiscal Year City of Ukiah Budget Document.
Recommended Action: Receive and File adopted 2023-24 Fiscal Year City of Ukiah Budget
Document.
Attachments: None
8.b. Adoption of the State of California Governor's Designation of Applicant's Agent Resolution
(OES FPD 130) Allowing the City Manager to Apply for Public Assistance and Recovery
Funding.
Recommended Action: Adopt the State of California Governor’s Designation of Applicant’s Agent
Resolution (OES FPD 130), allowing the City Manager to apply for public assistance and recovery
funding on behalf of the City of Ukiah.
Attachments:
1. Cal OES Form 130 with Signature 2020
2. Cal-OES-130 2023
8.c. Consideration of Award of Bid to Chrisp Company in the Amount of $68,680.65 for the 2023
Street Striping Project, and Approval of Corresponding Budget Amendment.
Recommended Action: Award of Bid to Chrisp Company in the amount of $68,680.65 for the 2023
Street Striping Project and approve corresponding budget amendment.
Attachments:
1. RFB E40143
2. Bid Results
3. Striping Proposal
8.d. Approval of Contract with Stone Creek Environmental Consulting in the Amount of $81,600 for
Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued
by North Coast Regional Water Quality Control Board.
Recommended Action: Award professional services agreement to Stone Creek Environmental
Consulting in the amount of $81,600 for Engineering Services related to the City’s Stormwater
Permit.
Attachments:
1. Ukiah Proposal for 2023-2024
8.e. Approval of Contract Change Order for Additional SCADA System Upgrade Work at the
Wastewater Treatment Plant in the Amount of $158,555.29.
Recommended Action: Approve Contract Change Order for additional SCADA system upgrade
work for the Wastewater Treatment Plant in the amount of $158,555.29
Attachments:
1. PO 47814
2. JM CCO 1
8.f. Approval of Contract with JM Integration for an On-call Maintenance and Troubleshooting
Agreement at the Wastewater Treatment Plant (WWTP) in the Amount of $174,864.80.
Recommended Action: Approve contract to JM Integration for an on-call Maintenance and
troubleshooting agreement at the WWTP in the amount of $174,864.80.
Page 2 of 232
Page 3 of 5
Attachments:
1. Proposal
8.g. Notification of Emergency Purchase of all Materials and Labor for the Installation of a Manhole
and Water and Sewer Lateral Work on State Street from Wipf Construction in the Amount of
$157,512.50, and Approve Corresponding Budget Amendment.
Recommended Action: Receive notification of the emergency purchase of all repair work on a
water and sewer main from Wipf Construction in the amount of $157,512.50, and approve
corresponding budget amendment.
Attachments:
1. Wipf Invoice
8.h. Approve the Purchase of Network Routers and Switches From Rhino Networks LLC for the
Amount of $103,049.17, and Approve Corresponding Budget Amendment.
Recommended Action: Approve the purchase of nework routers and switches form Rhino
Networks LLC for the amount of $103,049.17, and approve the corresponding budget amendment.
Attachments:
1. RFB# E39443 - IT Switches and Routers (003)
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in,
you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is
within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please
limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act
regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.
10. COUNCIL REPORTS
11. CITY MANAGER/CITY CLERK REPORTS
12. PUBLIC HEARINGS (6:15 PM)
12.a. Appeal of Planning Commission Decision to Deny a Major Site Development Permit for
Construction of a Redwood Credit Union Bank Facility at 101 South Main Street, APN 002-231-
001; File No. 22-7977.
Recommended Action: Staff recommends City Council 1) conduct a public hearing to consider
the appeal request, in accordance with UCC Section 9266; and 2) overturn the Planning
Commission denial of the Project, approving the Major Site Development Permit, as revised on
July 5, 2023; and 3) find the Project consistent with the intent of Mitigation Measure CUL-2 related
to Demolition Permit No. 21-6155, allowing issuance of the Demolition Permit, based on the
Findings included in Attachment 9 and the Conditions of Approval included in Attachment 10.
Alternate actions are included for review in the Discussion section of the Staff Report.
Attachments:
1. RCU Project Renderings- 1st and 2nd design iterations submitted on 12/22/22 and
02/13/23
2. RCU Project Renderings- 3rd design iteration and Minutes of the 03/23/23 Design
Review Board
3. RCU Project Renderings- 4th design iteration reviewed by Planning Commission on
05/10/23
4. RCU Project Renderings- 5th design iteration and Minutes of the 06/14/23 Planning
Commission Meeting including Findings of denial
5. Appeal Letter submitted by Applicant on 06/26/23
Page 3 of 232
Page 4 of 5
6. RCU Project Renderings- 6th design iteration and additional correspondence submitted
on 07/05/23
7. City Attorney Memo on Appeal Procedure and Clarifications of City Code 071123
8. Staff Analysis of appeal materials and 6th design iteration 071323
9. Draft Findings for Approval, revised 071323
10. Draft Conditions of Approval, revised 071323
13. UNFINISHED BUSINESS
13.a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation
Work at the Electric Utility Service Center at Hastings.
Recommended Action: Receive a status report, and approve the continued work on the
emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility
Service Center at Hastings.
Attachments: None
13.b. Discussion and Possible Direction Regarding Investment Preferences of Idle Funds Related to
Petroleum Companies
Recommended Action: Council to discuss the City's investment policy related to petroleum
companies and provide direction to Staff.
Attachments:
1. Investment Policy_June 2023
2. California Quietly Shelves $15 Billion Pension Divestment Bill - Bloomberg
3. California pensions_ Will CalPERS stop investing in fossil fuels_ - CalMatters
14. NEW BUSINESS
14.a. Annual Report Regarding Boards and Commissions Term Expirations and Appointments, and
Adoption of Resolution Making Appointments to Various Boards and Commissions.
Recommended Action: Receive the report regarding the Boards and Commission term
expirations and appointments, and adopt the Resolution Making Appointments to Various Boards
and Commissions.
Attachments:
1. Ukiah Daily Journal Public Notice
2. Vacancy Notice and Boards and Commissions Rosters
3. Donovan Albright Application and Nomination for the Airport Commission
4. Mark Ashiku Application and Nomination for the Airport Commission
5. Lorena Akin Application for the Design Review Board
6. David Lieberman Application and Nomination for the Diversity and Equity Committee
7. Proposed Resolution
14.b. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
Recommended Action: Receive report(s). The Council will consider modifications to committee
and ad hoc assignments along with the creation/elimination ad hoc(s).
Attachments:
1. City Council Special Assignments - rev 6-22-23
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: (1 case)
Page 4 of 232
Page 5 of 5
15.b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County
Superior Court Case No. 22CV00048
15.c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
15.d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
15.e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
15.f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv-
009808.
15.g. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
15.h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services
are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with
disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are
available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business
hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at
the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting
set forth on this agenda.
Kristine Lawler, CMC
7/14/23
Page 5 of 232
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Agenda Item No: 4.a.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2849
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing July 26, 2023, as Disability Independence
Day.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Mari Rodin, City Council, Mayor
ATTACHMENTS:
1. 2023 Disability Independence Day Proclamation
Summary: Council to issue a proclamation recognizing July 26, 2023, as Disability Independence Day.
Background: The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, establishing a
clear and comprehensive national mandate for the elimination of discrimination to ensure the civil rights of
people with disabilities. Disability is a social construct. The ‘problem’ is not the medical condition that resides
within the individual, but the ‘problem’ is that society does not create a welcoming, supporting
environment/policies/systems for all. Policies must be developed, attitudes shaped, and equitable experiences
offered to all individuals, including those with developmental disabilities.
Discussion: At the July 19, 2023, Regular Meeting, the City Council will issue a Proclamation (Attachment 1)
recognizing July 26, 2023, as Disability Independence Day. The proclamation will be received by Denise
Gorny from State Council on Developmental Disabilities/City of Ukiah Diversity Equity Committee and the
new Executive Director of Ukiah Valley Association for Habilitation, Babe Delgado.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing July 26, 2023 as
Disability Independence Day.
BUDGET AMENDMENT REQUIRED:
CURRENT BUDGET AMOUNT:
PROPOSED BUDGET AMOUNT:
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive
workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 6 of 232
Page 2 of 2
Page 7 of 232
ROCLAMATION
CITY OF UKIAH
RECOGNIZING JULY 26, 2023, AS DISABILITY INDEPENDENCE DAY IN THE
CITY OF UKIAH
WHEREAS, the Americans with Disabilities Act (ADA) was signed into law on July 26,
1990, establishing a clear and comprehensive national mandate for the elimination of
discrimination to ensure the civil rights of people with disabilities; and
WHEREAS, disability is a social construct. The ‘problem’ is not the medical condition that
resides within the individual, but the ‘problem’ is that society does not create a welcoming,
supporting environment/policies/systems for all; and
WHEREAS, equitable experiences and full inclusion is a matter of social justice.
Consequently, creating equitable, inclusive environments is a shared responsibility of
everyone; and
WHEREAS, policies must be developed, attitudes shaped, and equitable experiences offered
to all individuals; including those with developmental disabilities; and
WHEREAS, the ADA has expanded opportunities for Americans with disabilities; and
WHEREAS, citizens should do all in their power to:
Recognize the value and intersectionality of the disability experience in our lives and its
valued role in our rich diversity.
Recognize the barriers presented to those with disabilities.
Create ways to include everyone, especially those with developmental disabilities, to be
fully included in all aspects of life.
Understand the losses (financial, spiritual, human rights, contributions to the
community,
and otherwise) when our communities segregate and create barriers for those with
disabilities.
Demand policymakers no longer invest in segregation and create inclusive, equitable
policies and systems for all.
WHEREAS, we encourage the community to learn more about ADA, eliminate
discrimination, and celebrate July 26, 2023, as Disability Independence Day. For more
information visit https://www.inclusionhub.com/events
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah,
hereby proclaims July 26, 2023, as
Disability Independence Day in the City of Ukiah
Signed and sealed, this 19th day of July in the year Two
Thousand and Twenty-Three.
Mari Rodin
City Council, Mayor
ATTACHMENT 1
Page 8 of 232
AGENDA ITEM 6a
Page 1 of 5
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600
Ukiah, CA 95482
June 21, 2023
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on June 21, 2023, having been legally noticed on June
16, 2023. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Vice Mayor Duenas called the meeting to order at 6:00
p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher,
Douglas, F. Crane, and Josefina Dueňas. Councilmember Absent by Prearrangement: Mari
Rodin. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine
Lawler, City Clerk.
VICE MAYOR DUENAS PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Orozco.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
Clerk stated that there was none.
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation of the PFM Group on an Update to the City Council on the City’s Investment
Portfolio.
Presenter: Wale Kajopaiye, PFM Asset Management.
Motion/Second: Crane/Orozco to approve recommended revisions to City's investment policy.
Motion carried by the following roll call votes: AYES: Orozco, Crane, and Dueňas. NOES: None.
ABSENT: Rodin. ABSTAIN: Sher.
Council Consensus to direct Staff to bring back an agenda item regarding an Economic, Social,
and Governance (ESG) mandate discussion on an upcoming agenda coordinating availability with
PFM Staff.
b. Emergency Preparedness and Prevention Presentation.
Presenter: Traci Boyl, City Manager’s Office Senior Analyst.
Public Comment: L.T
Presentation was received.
5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
Page 9 of 232
City Council Minutes for June 21, 2023, Continued:
Page 2 of 5
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the June 7, 2023, Special Meeting.
b. Approval of the Minutes for the June 7, 2023, Regular Meeting.
c. Approval of the Minutes for the June 8, 2023, Special Meeting.
Motion/Second: Orozco/Crane to approve the Special and Regular meeting Minutes of June 7 and
8, 2023, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, and
Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: Sher.
7. RIGHT TO APPEAL DECISION
Vice Mayor Duenas read information regarding the right to appeal a decision.
8. CONSENT CALENDAR
a. Report of Disbursements for the Month of April 2023 - Finance.
b. Authorization for the City Manager to Terminate Existing Contract with Welty, Weaver, and
Currie, and Negotiate and Execute a Contract (COU No. 2223-217) for Legal Services with Philip
A. Williams - Administration.
c. Adoption of Plans and Specifications for the Ukiah Electric Utility Fire Mitigation Undergrounding
Project, Specification No. 23-08 to Underground 12kV Primary Conductor in Various Areas on
the Western Side of the City of Ukiah – Electric Utility.
d. Consideration of Award (COU No. 2021-184-A2) for a One (1) Year Extension for Pre-Hospital
Emergency Medical Services Consulting to AP Triton LLC in the Amount of $60,000 - Fire.
e. Adoption of Resolution (2023-25) Identifying the 23/24 Slurry Seal Project as the Project Funded
by SB1: The Road Repair and Accountability Act for 23/24; and Approval of Corresponding
Budget Amendment – Public Works.
f. Adopt a Resolution (2023-26) Approving a Side Letter Agreement (COU No. 2223-218) to the
Current Memorandum of Understanding Between the City of Ukiah and the International
Brotherhood of Electrical Workers Local 1245, and authorize the City Manager to Execute –
Human Resources.
g. Approval of Contract Amendment (COU No. 2021-167-A1) for Additional SCADA System
Upgrade Work at the Water Treatment Plant, and Approval of Corresponding Budget
Amendment Using Water Reserve Funds in the amount of $133,869.21 – Water Resources.
h. Consideration of Nominations and Possible Adoption of Resolution (2023-27) Making
Appointments to the Public Spaces Commission and Diversity and Equity Committee – City
Clerk.
Brief summary given by City Manager Sangiacomo for Agenda Item 8d, per Councilmember request.
Motion/Second: Crane/Sher to approve Consent Calendar Items 7a-7h, as submitted. Motion
carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas. NOES: None.
ABSENT: Rodin. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Dennis Crane – Planning Commission process; Pinky Kushner – Zoning
Administrator Item Regarding Ambulance Service; Katrina Kesson – Greater Ukiah Business
Tourism and Alliance (Ukiah Main Street Program, Chamber of Commerce, and Visit Ukiah) –
Page 10 of 232
City Council Minutes for June 21, 2023, Continued:
Page 3 of 5
Upcoming Activities; Jeannette Smith – speed bumps request for Walnut Ave; (L.T. spoke on a
non-agenda item under Agenda Item 13b – environmental concerns).
10. COUNCIL REPORTS
No Council reports were received.
11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
Construction Update – Tim Eriksen, Public Works Director / City Engineer.
Public Comment: Linda Sanders.
12. PUBLIC HEARINGS (6:15 PM)
13. UNFINISHED BUSINESS
a. Approval and Adoption of 2023-24 Fiscal Year City Budget through Resolution, Five-Year
Capital Improvement Plan, the Gann Limit Resolution, and Budget Agreement with the
Ukiah Valley Sanitation District.
Presenters: Dan Buffalo, Finance Director.
Motion/Second: Crane/Orozco to approve and adopt budget resolution (2023-28) for the fiscal year
2023-24. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: Rodin. ABSTAIN: None.
Motion/Second: Crane/Sher to approve and adopt the updated Five-Year Capital Improvement
Program Schedule for the fiscal year 2023-24. Motion carried by the following roll call votes: AYES:
Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None.
Motion/Second: Crane/Orozco to approve and adopt Gann Limit resolution (2023-29) for fiscal year
2023-24. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: Rodin. ABSTAIN: None.
Motion/Second: Crane/Sher to approve (in substantial form) and authorize City Manager to sign
fiscal year 2023-24 budget agreement (COU No. 2223-219) with the Ukiah Valley Sanitation District.
Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas. NOES:
None. ABSENT: Rodin. ABSTAIN: None.
b. Public Benefits Program Update, and Approval of New Customer Programs and Rebates.
Presenters: Cindy Sauers, Electric Utilities Director and Diann Lucchetti, Program Coordinator.
Public Comment: L.T.; (L.T. spoke a second time on a non-agenda item – environmental concerns).
Motion/Second: Crane/Orozco to approve the Electric Department's Public Benefit Program
additions. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: Rodin. ABSTAIN: None.
c. Status Report of the Emergency Contract with West Coast Fire & Water for Fire
Remediation Work at the Electric Utility Service Center at Hastings.
Presenter: Cindy Sauers, Electric Utilities Director.
Page 11 of 232
City Council Minutes for June 21, 2023, Continued:
Page 4 of 5
Motion/Second: Crane/Sher to approve the continued work on the emergency contract (COU No.
2223-177) with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service
Center at Hastings. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and
Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None.
RECESS: 7:53 – 8:00 P.M.
d. Approval of Plans and Specifications for the Orr Street Bridge Replacement, Specification
23-06, and Authorize Staff to Issue Bids.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Public Comment: Linda Sanders.
Motion/Second: Sher/Orozco to approve the Plans and Specifications for the Orr Street Bridge
Replacement, Specification 23-06, and authorize Staff to issue bids. Motion carried by the following
roll call votes: AYES: Orozco, Sher, and Dueňas. NOES: Crane. ABSENT: Rodin. ABSTAIN: None.
e. Consideration of Award of Bid for the Recycled Water Project – Phase 4, Specification 23-
01, and Approval of Corresponding Budget Amendment(s).
Presenters: Tim Eriksen, Public Works Director/City Engineer and Sean White, Water Resources
Director.
Motion/Second: Crane/Orozco to award of bid (COU No. 2223-220 - Ghilotti Construction
Company]) for the Recycled Water Project - Phase 4, Specification 23-01, and approve
corresponding budget amendment(s). Motion carried by the following roll call votes: AYES: Orozco,
Sher, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None.
14. NEW BUSINESS
a. Discussion and Possible Action Regarding the Cancellation of the July 5, 2023, Regular
City Council Meeting, with the Option for the Mayor and/or City Manager to Call for a
Special Meeting on an Alternate Date if Time Sensitive Business Arises.
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Crane/Sher to approve the cancellation of the July 5, 2023, Regular City Council
Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an
alternate date if time sensitive business arises. Motion carried by the following roll call votes: AYES:
Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None.
b. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
Presenters: Councilmember Sher and City Manager Sangiacomo.
Council Consensus for Councilmember Orozco to serve on the evaluation committee for the
Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California’s Public Utilities
Commission (CPUC) Last Mile Broadband.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1
case)
Page 12 of 232
City Council Minutes for June 21, 2023, Continued:
Page 5 of 5
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County
Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv-
009808.
g. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No Closed Session was held.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 8:41 p.m.
________________________________
Kristine Lawler, CMC
Page 13 of 232
Page 1 of 2
Agenda Item No: 8.a.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2843
AGENDA SUMMARY REPORT
SUBJECT: Council to Receive and File Adopted 2023-24 Fiscal Year City of Ukiah Budget Document.
DEPARTMENT: Finance PREPARED BY: Jessie Brunell, Senior Accountant
PRESENTER: Consent Calendar
ATTACHMENTS:
None
Summary: Council to receive and file the adopted 2023-24 Fiscal Year City of Ukiah budget document.
Background: A budget for local government is meant to be a dynamic, malleable, and useful tool for decision-
makers and the community. It conveys a number of different messages to the community served, including how
available resources will be allocated. The budget is encapsulated in a single document to deliver that message. The
City’s Management Team recognizes and appreciates the City Council’s support for a well-developed and clear
budget document. The presented budget document represents a continued improvement in content, form, and
presentation and is a continuation of the framework developed last year to meet the highest professional standards
of budgeting.
The Council received Departmental Presentations at special meetings on June 7 and June 8, 2023. Council
approved and adopted the City's budget for the 2023-24 fiscal year and Gann Limit through resolution at the June
19, 2023 meeting.
The budget document presents information and data at the fund level, a departmental/division summary level, and a
department/division detail expenditure/revenue line level. The detail is delivered through OpenGov. From there, any
reader of the budget can navigate and review any specific element of the budget.
Discussion: The entire budget document is presented through the OpenGov platform, a web-based platform
that allows for significant functionality when viewing and analyzing budgetary information. The best way to
access stories is by clicking this link and finding each subsequent link in the table of contents: 2023-24 Fiscal Year
Budget (html link):
https://stories.opengov.com/ukiahca/published/_3dOjPVjE
The landing page from the link is the cover of the budget document, including a table of contents at the bottom.
Each budget story can be accessed by clicking on its respective link in the table of contents.
The OpenGov platform is best viewed through the Google Chrome web browser. It is a free application and
can be found at the following link, complete with download and installation instructions:
https://www.google.com/chrome/
Recommended Action: Receive and File adopted 2023-24 Fiscal Year City of Ukiah Budget Document.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
Page 14 of 232
Page 2 of 2
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Page 15 of 232
Page 1 of 2
Agenda Item No: 8.b.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2847
AGENDA SUMMARY REPORT
SUBJECT: Adoption of the State of California Governor's Designation of Applicant's Agent Resolution (OES
FPD 130) Allowing the City Manager to Apply for Public Assistance and Recovery Funding.
DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst
PRESENTER: Traci Boyl, Office of Emergency Management
ATTACHMENTS:
1. Cal OES Form 130 with Signature 2020
2. Cal-OES-130 2023
Summary: City Council to consider approval of the State of California Governor’s Designation of Applicant’s
Agent Resolution (OES FPD 130) allowing the City Manager to apply for public assistance and recovery
funding on behalf of the City of Ukiah.
Background: A Designation of Applicant's Agent Resolution for Non-Sate Agencies (OES FPD 130) is
required of all applicants to be eligible to receive federal financial assistance for any existing or future grant
program, including, but not limited to Federally declared Disaster (DR), Fire Mitigation Assistance Grant
(FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant
Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster
Mitigation Program (LPDM), Flood Mitigation Assistance Program (FMA), National Earthquake hazards
Reduction Program (NEHRP), California Early Earthquake Warning (CEEW) and or assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance
under the California Disaster Assistance Act. The State-formatted resolution identifies the City Manager as the
designated agent to apply for public assistance and recovery funding on behalf of the City for a period of up to
three years. On November 18, 2020, the City Council adopted such a Resolution allowing the City to be
eligible for this funding (Attachment 1).
Discussion: During declared Federal, State, and local emergencies, cities have the opportunity to apply for
financial assistance to respond to and recover from emergencies and disasters and to conduct related
mitigation activities. Staff recommends that the City Council adopt the State of California Governor’s
Designation of Applicant’s Agent Resolution (Attachment 2) designating the City Manager as the City’s agent
for purposes of obtaining federal emergency financial assistance, and authorizing the City Manager to execute
all federal, state, and county documents related to emergency financial assistance forms and related
documents to ensure our eligibility status remains current.
Recommended Action: Adopt the State of California Governor’s Designation of Applicant’s Agent Resolution
(OES FPD 130), allowing the City Manager to apply for public assistance and recovery funding on behalf of
the City of Ukiah.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
Page 16 of 232
Page 2 of 2
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A
Page 17 of 232
Attachment 1
Page 18 of 232
Page 19 of 232
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the ,
(Name of Applicant)
a public entity established under the laws of the State of California, this application
and to file it with the California Governor’s Office of Emergency Services for the
purpose of obtaining federal financial assistance for any existing or future grant
program, including, but not limited to any of the following:
-Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG),
California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard
Mitigation Grant Program (HMGP), Building Resilient Infrastructure and
Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under
-Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, and/or state financial assistance under the
California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National
Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b)
((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards
Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F,
Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141
- California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the
Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4
Attachment 2
Page 20 of 232
Please check the appropriate box below
This is a universal resolution and is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only
disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the
(Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4 Page 21 of 232
Page 1 of 2
Agenda Item No: 8.c.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2857
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid to Chrisp Company in the Amount of $68,680.65 for the 2023 Street
Striping Project, and Approval of Corresponding Budget Amendment.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst
PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. RFB E40143
2. Bid Results
3. Striping Proposal
Summary: Council will consider awarding a contract to Chrisp Company in the amount of $68,680.65 for the
2023 Street Striping Project.
Background: Striping is performed on a regular basis in order to maintain clear visibility of traffic and
pedestrian markings along the City’s streets and roads.
Striping includes traffic stripes, left turn arrows, bike lanes and crosswalks. Staff released a request for bid on
June 22, 2023. (Attachment 1)
Discussion: The City received two (2) construction bids for this project on July 6, 2023 (Attachment 2). Chrisp
Company was the low bidder with a bid amount of $68,680.65. A copy of Chrisp Company’s bid is provided in
Attachment 3.
It is important to remember that in this striping contract we will not have the ability to have a "clean slate" to
delete existing legends and stripes. Unlike a slurry seal, we have limited opportunities to change items
because we do not have the ability to "erase" striping and legends. We only have the ability to add and
upgrade striping and legends. However, there may be an opportunity to add buffers to existing bike lanes in
some areas. Staff will continue to look for opportunities to incorporate complete street concepts in this project.
Staff will also incorporate complete street concepts in the future slurry seal project.
It is Staff’s recommendation to award the bid for the 2023 Street Striping Project in the amount of $68,680.65
to Chrisp Company.
Recommended Action: Award of Bid to Chrisp Company in the amount of $68,680.65 for the 2023 Street
Striping Project and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: $12024200.52100.TBD: $0.00
PROPOSED BUDGET AMOUNT: $10024200.52100.TBD: $68,680.65
FINANCING SOURCE: Measure Y
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Daniel Flores, Engineering Technician and Tim Eriksen, Director of Public Works
DIVERSITY-EQUITY INITIATIVES (DEI):
Page 22 of 232
Page 2 of 2
CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles.
GENERAL PLAN ELEMENTS (GP):
Page 23 of 232
DATE: 6/22/2023
Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E40143
herein, and by the specified deadline, or the bid will be rejected.
BIDS WILL BE RECEIVED UNTIL
Submitted by:
(Company Name AT THE OFFICE OF THE FINANCIAL SVCS MGR
& Address)411 W CLAY, CITY of UKIAH
BY:Mary Horger
Email: mhorger@cityofukiah.com
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS:
QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
Street Striping 2023 as per attached Specification E40143.
4,264 LF Broken 4" Painted Traffic Stripe - White
30,883 LF Broken 4" Painted Traffic Stripe - Yellow
354 LF Broken 6" Painted Traffic Stripe - White
2,134 LF Solid 4" Painted Traffic Stripe - White
6741 LF Solid 4" Painted Traffic Stripe - Yellow
1,704 LF Solid 8" Painted Traffic Stripe - White
1,068 LF Solid 6" Paint Traffic Stripe - White
14,584 LF Double Painted Traffic Stripe - Yellow
1,324 LF Two Way Left Turn Painted Traffic Stripe - Yellow
12,584 LF Bike Lane 4" Painted Traffic Stripe - White
14,868 LF Bike Lane 6" Painted Traffic Stripe - White
TOTAL:
Payment Terms:N30
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
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.
9. For a bid submission to be accepted it must be submitted on this form.
ALL BIDS SHALL BE F.O.B. UKIAH, CA.
TERMS:
SIGNATURE:
PRINT NAME:
DATE:
PHONE:
LEAD TIME ARO :
EMAIL:
1:30 p.m., July 6, 2023
REQUEST FOR BID
UKIAH, CALIFORNIA 95482
P: (707) 467-5719
300 SEMINARY AVENUE
ATTACHMENT 1
Page 24 of 232
REQUEST FOR BID
City of Ukiah
SPECIFICATION E40143
STREET STRIPING 2023
June 22, 2023
Bid Due Date
1:30 p.m., July 6, 2023
Page 25 of 232
City of Ukiah RFB- E40143 Street Striping 2023
2
I. Introduction
City of Ukiah is seeking bids from qualified Contractors to provide all necessary materials, equipment
and labor to paint traffic stripes. General locations of the work are shown in the attached Attachment A. A map
will be provided to the successful bidder showing exact locations of the work to be done. All work shall be
done under the direction of the City of Ukiah Public Works Department.
II. Bid Procedure
PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under
Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law
governing RFB’s for Public Projects. The procedures governing open market purchases are at the discretion of
the Purchasing Officer and may vary from bid to bid, depending on the City’s needs. The City Code
encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the
internet, to obtain the lowest possible price, consistent with the City’s needs. The Purchasing Officer does use
City bidder’s lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed
on the City’s bidder’s list.
III. Contact Person
The City has designated Seth Strader as the contact person for questions related to the work requested.
Questions are to be submitted in writing, and can be done so by e-mail at sstrader@cityofukiah.com.
IV. Examination of the Site
The Contractor should familiarize himself with the local conditions of the project sites, and shall be
responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in
no way relieve him/her of the responsibility for performing any of the work or operations required as part of
this contract.
V. Bid Submittal Instructions
Bids can be submitted in hardcopy or by email. Bids are due on or before 1:30 p.m., July 6, 2023
to:
City of Ukiah Purchasing Department
Attn: Seth Strader
411 West Clay Street
Phone: (707) 463-5719
Email: sstrader@cityofukiah.com
It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing
hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not
be responsible for any cost incurred by the Contractor in preparation of their bid response.
VI. Scope of Work
All of the work to be performed is within the City of Ukiah and consists of painted traffic stripes.
General locations of the work are shown in Attachment A. A map will be provided to the successful bidder
showing the exact locations of the work to be done. All work will be done under the direction of the City
of Ukiah Public Works Department. Work on streets may be painted during night time hours upon
approval of the Director of Public Works/City Engineer.
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3
1) Control of Alignment and Layout
All work necessary to establish satisfactory alignment for stripes shall be performed by the contractor with
any device or method that will not damage the pavement nor conflict with other traffic control devices.
2) Tolerances and Appearance
This section shall conform to Section 84-1.03, CALTRANS - Standard Specifications, May, 2006.
3) Protection from Damage
The Contractor shall take special care to protect existing reflective pavement markers and shall, at his
expense, replace all coated markers.
Newly placed traffic stripes shall be protected from damage by traffic or other causes until the paint is
thoroughly dry. Contractor, at his expense, shall promptly remove any paint applied, spilled, or tracked
outside of specified locations to be striped.
4) Painted Traffic Stripes - Description
This work shall consist of painting traffic stripes including applying glass beads.
5) Materials
Paint shall be either waterborne traffic line paint conforming to State Specification No. PTWB-01 dated
February 2006 or solvent-borne, acetone-based/VOC compliant traffic line paint conforming to State
Specification No. PT-150VOC(A) dated February 2006.
Glass beads shall conform to State Specification No. 8010-004 dated March 2010.
Copies of California State Specifications for traffic paint and glass beads may be obtained from the
Caltrans Chemical Testing Branch, 5900 Folsom Blvd, Sacramento, California, 95819, at (916) 227 -7289
or from the following website: http://www.dot.ca.gov/hq/esc/ttsb/chemical/specifications.htm
6) Mixing
Mechanical mixers shall be used to mix paint. Prior to application, the paint shall be mixed a sufficient
length of time to thoroughly mix the pigment and vehicle together, and shall be kept thoroughly agitated during
its application.
7) Application Equipment
Mechanical means shall be used to paint traffic stripes and to apply the glass beads for traffic stripes.
All equipment used in the application of traffic stripes shall produce stripes of uniform quality that
conform to the specified requirements.
The striping machine shall be capable of accurately superimposing succeeding coats of traffic paint upon
the first coat and upon existing stripes at a speed of at least 5 miles per hour.
The striping machine shall consist of a rubber-tired vehicle that is maneuverable to the extent that straight
lines can be followed and normal curves can be made in true arcs. It shall be capable of applying traffic
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City of Ukiah RFB- E40143 Street Striping 2023
4
paints and glass beads at the rates specified. The striping machine shall be equipped with the following:
a) A pointer or sighting device, not less than 5 feet long and extending from the front of the machine.
b) A pointer or sighting device, extending from the side of the machine to gauge the distance from the
centerline, for painting shoulder stripes.
c) A positive-acting cutoff device to prevent depositing paint in gaps of broken stripes.
d) Shields or an adjustable air curtain for line control.
e) Pressure regulators and gauges (if pneumatically operated) that are in full view of the operator.
f) A paint strainer in the paint supply line.
g) A paint storage tank with a mechanical agitator that operates continuously during painting operations.
h) A glass bead dispenser located behind the paint applicator nozzle and that is controlled simultaneously
with the paint applicator nozzle; and
i) Calibrated rods for measuring the volume of paint and glass beads in the paint and in the glass bead tanks.
All spray equipment shall be of a proper type and of adequate capacity for the work. Air-atomized spray
equipment shall be equipped with oil and water extractors and pressure regulators and they shall have
adequate air volume and compressor recovery capacity. Spray gun tip needle assemblies and orifices shall
be of the proper sizes.
8) Street Striping Application
Prior to application of striping, the City will provide street sweeping. The Contractor shall be responsible
for removal of any leaves or litter appearing in the striping area after the streets are swept.
Contractor shall protect against paint splattering onto parked cars particularly at locations of the four-inch
white bicycle lane striping. If deemed necessary, Contractor shall post notices, indicating the date and
times that street parking will be prohibited, a minimum of 72 hours in advance of striping on streets with
bicycle lanes. These notices shall be placed in obvious locations and be spaced no further than 250 feet
apart along the length of the street and on each side of the affected street. The Contractor shall also give
notice to the Engineer a minimum of 72 hours in advance of working at the site so that the City can give
written notice to adjacent property owners.
Traffic Stripes shall be applied only on dry surfaces and only during periods of favorable weather.
Painting shall not be performed when the atmospheric temperature is below 40º F when using solvent
borne paint or below 50ºF when using water borne paint; when freshly painted surfaces may become
damaged by rain, fog, or condensation; nor when it can be anticipated that the atmospheric temperature
will drop below the above 40º F or 50º F during the drying period
On existing surfacing, traffic stripes shall be applied in one coat.
Each coat of paint for any traffic stripe, including glass beads where required, shall be applied in one pass
of the striping machine, regardless of the number, widths, and patterns of the individual stripes involved.
Paint to be applied in one coat, shall be applied at an approximate rate of one gallon per 107 square feet.
Glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the
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City of Ukiah RFB- E40143 Street Striping 2023
5
paint. Beads shall be embedded in the coat of traffic paint being applied, to a depth of ½ their diameters.
Glass beads shall be applied at an approximate rate of five (5) pounds per gallon of paint.
VII. Measurement and Payment
Painting traffic stripes will be measured by the linear foot, along the line of the traffic stripes, without
deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4-inch wide yellow
stripes, separated by a 3-inch black stripe, will be measured as one traffic stripe.
The contract price paid per linear foot for painted traffic stripes shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, posting notices on streets with bicycle
lanes, and for doing all the work involved in painting traffic stripes.
VIII. Terms
The City asks that vendors specify their desired payment preferences in their bid response. The actual
payment terms of the contract will be open for negotiation during the contract phase. If no special payments are
requested prior to issuing the work, the City will assume net 30 terms.
The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right
to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do
so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the
awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or
multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City
reserves the right to reject any or all bids. The awarded contractor will enter a “Short Form Construction
Contract”, Attachment B.
IX. Addenda
If it becomes necessary to revise any part of this Request for Bid (RFB) after it has been issued, the
City will issue an addendum to the RFB containing the revision. All addenda will be posted on the City’s
website at www.cityofukiah.com/purchasing with the rest of the RFB documents. Anyone who intends to
submit a bid in response to the RFB must check the website frequently for any posted addenda. Anyone
submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
X. Work Scheduling
No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal
holidays except such work as is necessary for the proper care and protection of work already performed, or
except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the
Contractor if he or she first obtains the written permission of the Engineer and that such permission may be
revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and
equipment for reasonable prosecution and to justify inspection of the work.
XI. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track record
and a proven product. Contractors are asked to provide the information requested under Work Performance
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City of Ukiah RFB- E40143 Street Striping 2023
6
History Capability. References are to be those who you have performed similar scope of work as asked for in
this RFB. References are to include the contact name and phone number. A minimum of three references are
requested.
XII. Insurance Requirements
Bidder’s attention is directed to the insurance requirements – see Attachment C. Contractors shall
furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker’s
Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance
with policy limits of not less than $1,000,000 naming the City as an additional insured party.
It is highly recommended that contractors confer with their respective insurance carriers or brokers to
determine in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance
requirements, that contractor may be disqualified from award of the contract. If you have questions regarding
the City’s requirements, please contact the City’s Risk Manager at 707-463-6287.
XIII. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to
these specifications shall be in compliance with the laws and regulations of the State of California and OSHA.
The contractor shall, if requested by the City, supply certification and evidence of such compliance.
2) Payment Bond: As per California Civil Code Section 9550, a direct contractor that is awarded a public
works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before
commencement of work, give a payment (material and labor) bond to and approved by the officer or public
entity by whom the contract was awarded. Please refer to Attachment D for a copy of the sample forms.
3) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and
Federal laws, regulations and ordinances governing performance of contractual services required, and it will be
the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the
actual cost of licenses.
4) License Requirements: Bidder/Contractor must possess a current State of California contractor’s
license and a City of Ukiah business license. (For information business license, please contact Liz
Frausto, City of Ukiah Finance Department at 707-463-6215.)
a) The Contractor shall possess a valid State of California Class A or Class C-32 (Parking and Highway
Improvement) license. Bidder shall provide proof of possession of the proper licenses and certificates of
registration necessary to perform the work. Employees actually performing the tasks shall provide proof of
proper certificates of registration for same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project.
c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper
licenses, certificates and proof of insurance for work performed.
5) Notice to Bidders – Contractor Registration and Prevailing Wages –No contractor or
subcontractor may be listed on a bid proposal for a public works project unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions
from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or
subcontractor may be awarded a contract for public work on a public works project unless registered
with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime
contractor shall be responsible for posting job site notices as prescribed by regulation. This project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations .
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Public Works Small Project Exemption: Small project exemption means that contractors who
work exclusively on small projects are not required to register as public works contractors or file
electronic certified payroll reports for those projects. However, prevailing wages must still be paid
on projects with small project exemption. Contractors are still required to maintain certified
payroll records on a continuous basis, and provide those records to the Labor Commissioner’s
Office upon request. Small project exemption is applied based on the amount of the entire project,
not a contractors subcontracted amount of the project. Small project exemption applies for all
public works projects that do not exceed: $25,000 for new construction, alteration, installation,
demolition or repair; and $15,000 for maintenance.
Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under
this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof,
of the Labor Code of the State of California, the Director of the Department of Industrial
Relations, State of California, has ascertained the general prevailing rate of wages for straight time,
overtime Saturdays, Sundays and Holidays including employer payment for health and welfare,
vacation, pension and similar purposes, copies of the General Prevailing Wage Determination
(applicable to the work), for the locality in which the work is to be done can be reviewed at
Website: www.dir.ca.gov/dlsr/pwd/northern.html .
The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at
any time require contractor and subcontractors to furnish electronic certified payroll records
directly to DLSE. For projects that do not meet the “Public Works Small Project Exemption”,
contractors and subcontractors must furnish electronic certified payroll records directly to the
DLSE.
Page 31 of 232
City of Ukiah RFB- E40143 Street Striping 2023
8
INDEMNIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend,
indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all
actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising
out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder,
whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability
due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not
limited in any way by any limitation on the amount or type of damages or compensation payable to or for
Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's
benefits acts.
Contractor shall be liable to the City for any loss or damage to City property arising from or in
connection with Contractor performance hereunder. The undersigned acknowledges that this document,
together with the resulting purchase order issued by the City, the executed Short Form Construction Contract,
the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage
comprise a written agreement between the Contractor and the City binding on both parties.
The undersigned declares they are familiar with the items specified and have carefully read the RFB
specification/requirements, checked all of the figures stated on the specifications and accepts full responsibility
for any error or omission in the preparation of this bid.
This bid is submitted by, (check one)
____ Individual Owner ____ Partnership ____ Corporation _____ Other
Legal Name of Bidder ___________________________________________________________
Address of Bidder ______________________________________________________________
Tax ID# ______________________________________________________________________
Phone Number______________________________ Fax Number ________________________
California State Contractor’s License #: Expiration Date:
DIR Public Works Contractor Registration #:
By: ______________________________________________ Date _____________________
Signature
Print or Type Name: ____________________________________________________________
Title
Page 32 of 232
City of Ukiah RFB- E40143 Street Striping 2023
9
WORK PERFORMANCE DATA
HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed.
WORK PERFORMED
1. COMPANY NAME: ______________________________________
CONTACT:____________________________________________ _______________________________________
ADDRESS:____________________________________________ _______________________________________
PHONE________________________________________________ ________________________________________
2. COMPANY NAME: ______________________________________ _______________________________________
CONTACT_____________________________________________ _______________________________________
ADDRESS_____________________________________________ _______________________________________
PHONE:________________________________________________ _______________________________________
3. COMPANY NAME: _____________________________________ _______________________________________
CONTACT:____________________________________________ _______________________________________
ADDRESS____________________________________________ _______________________________________
PHONE:______________________________________________ _______________________________________
4. COMPANY NAME: ____________________________________ _______________________________________
CONTACT:___________________________________________ _______________________________________
ADDRESS:___________________________________________ _______________________________________
PHONE:_____________________________________________ _______________________________________
5. COMPANY NAME: ____________________________________ _______________________________________
CONTACT:___________________________________________ _______________________________________
ADDRESS:___________________________________________ _______________________________________
PHONE:_____________________________________________ _______________________________________
Page 33 of 232
City of Ukiah RFB- E40143 Street Striping 2023
10
SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with
proper firm name and business address of each.
1)Subcontractor’s Name Work to be performed
_____________________________________________________ _________________________________________________
_____________________________________________________ _________________________________________________
Address
_________________________________________________
City/State/Zip
____________________________________________________
Phone Number Fax Number
____________________________________________________ __________________________________________________
California State Contractor License # DIR Public Works Contractor Registration #
2)Subcontractor’s Name Work to be performed
___________________________________________________ _____________________________________________
___________________________________________________ _____________________________________________
Address
_____________________________________________
City/State/Zip
__________________________________________________ ____________________________________________
Phone Number Fax Number
____________________________________________________ __________________________________________________
California State Contractor License # DIR Public Works Contractor Registration #
3)Subcontractor’s Name Work to be performed
__________________________________________________ _____________________________________________
___________________________________________________ _____________________________________________
Address
__________________________________________________ _____________________________________________
City/State/Zip
___________________________________________________ _____________________________________________
Page 34 of 232
City of Ukiah RFB- E40143 Street Striping 2023
11
Phone Number Fax Number
____________________________________________________ __________________________________________________
California State Contractor License # DIR Public Works Contractor Registration #
BIDDER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage
requirements specified in the Request for Bid for:
E40143 Street Striping 2023
Should we/I be awarded the contract, we/I certify that we/I can meet the specified requirements for insurance, including
insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work
specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every employer to
be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of
that code, before commencing the performance of the work specified.
Please Print (Person, Firm, or Corporation)
Signature of Authorized Representative
Please Print (Name & Title of Authorized Representative)
Date Phone Number
Page 35 of 232
TWO WAY
LEFT TURN LANE 4"LANE 6"
WHITE YELLOW WHITE WHITE YELLOW WHITE WHITE YELLOW YELLOW WHITE WHITE
Airport Park Blvd. - - - - - - - - - - - 0 0
Airport Road - - - - - - - 75 - - - Hastings Ave.End
Barnes St. - - - - - - - - - - - 0 0
Babcock Ln. - 425 - - - - - 464 - - - E. Gobbi St.End
Brush St. - - - - - - - 350 - - - Low Gap Rd.End
Bush St. - 4,659 - - 236 100 - 630 - 9,490 9,490 Empire Dr.W. Church St.
Capps Ln. - - - 1,935 - - - - - - N. Bush St.Despina Dr.
Clara Ave. - - - - - - - - - - - 0 0
Clay St. - - - - - - - - - - - 0 0
Don Rones/ Clubhouse Dr. - 1,527 - - 50 - - 328 - - - Live Oak Ave.Park Blvd
Commerce Dr. - 1,050 - - 70 - - - - - - Airport Rd.End
Cooper/Betty - 885 - - - - 195 - - - Waugh Ln.Talmage Rd.
Cypress Ave. - - - - - - - - - - - 0 0
Despina Ave. - 2,188 - - 27 - - - - 3,094 3,094 Low Gap Road End of City Limits
Dora Ave. - - - - - - - - - - - 0 0
Dora St. - - - - - - - - - - - 0 0
Elm St. - 567 - - - - - - - - - Empire Dr.Low Gap Rd.
Empire Dr. - 2,062 - - 403 100 - 490 - - - Despina Dr.N. State St.
Ford St. - - - - - - - - - - - 0 0
Gobbi St. - - - - - - - - - - - 0 0
Grove Ave. - - - - - - - - - - - 0 0
Hastings Ave. - 1,500 - - 100 - - - - - - S. State St.Airport Rd.
Hastings Frontage - - - - - - - - - - 0 0
Highland Court - - - - - - - - - - - 0 0
Highland Drive - - - - - - - - - - - 0 0
Hospital Dr. - 1,630 - - 75 - - - - - - E. Perkins St.End
Laurel/ Wabash Ave. - - - - 165 - - - - - - Wabash Ave.Beacon Ln.
Leslie St. - - - - - - - - - - - 0 0
Live Oak Ave. - - - - - - - - - - - 0 0
Lorraine St. - 1,060 - - 105 - - - - - Talmage Frontage Rd.Betty St.
Low Gap Ave. - - - - - - - - - - - 0 0
Luce Ave. - 2,151 - - 234 - - - - - - Helen Ave S. State St.
Main St. - - - - - - - - - - - 0 0
Maple Ave. - - - - - - - - - - - 0 0
Marlene St. - - - - 50 - - - - - - S. Orchard Ave.Betty St.
Marshall St. - - - - - - - - - - - 0 0
Marwen Dr. - - - - 100 - - - - - Observatory Ave.Washingston Ave.
Mason St. - - - - - - - - - - - 0 0
Mendocino Dr. - - - - - - - - - - - 0 0
Mill St. - - - - - - - - - - - 0 0
Norton St. - 522 - - 41 114 - 132 - - - N. State St.Mason St.
Oak St. - - - - - - - - - - - 0 0
Oak Manor Dr. - - - - - - - - - - - 0 0
Oak/Magnolia - - - - 633 - - 313 - - - N. Pine St. N. State St.
Observatory Ave. - 2,190 - - 280 - - - - - - Helen Ave.S. State St.
Orchard Ave. - 1,526 - - 435 585 - 1,741 700 - 2,284 Brush St.Marlene St.
Orr St. - - - - - - - - - - - 0 0
Park Blvd. - - - - - - - - - - - 0 0
Perkins St. 3,473 - - - - - 368 2,589 - - - Main St.Oak Manor Dr.
Pine St. - 715 - - 586 - - - - - - Beginning End
School St. - 1,216 - - 123 - - 1,136 - - - Ruddock Ave.W Mill St.
Scott St. - 690 - - 182 - - - - - - N. State St.N. Pine St.
Spring St. - - - - - - - - - - - 0 0
Standley St. - - - - - - - - - - - 0 0
State St. - - - 215 76 235 3,995 - - - Norton St.North Side end City Limits
Talmage 791 - 354 1,817 230 654 465 1,261 624 - - State St.Caltrans Limits
Todd Rd. - - - - 50 - - 265 - - - Park Blvd Walnut Ave.
Wabash Ave. - 1,765 - - 129 - - - - - - Laurel Ave S. State St.
Walnut Ave. - 441 - - 109 - - - - - - N. Dora St.N. Pine St.
Washington Ave. - 2,114 - - 171 - - 75 - - - Helen Ave.S. State St.
Washo Dr. - - - - 150 - - - - - - Yosemite Dr.E. Gobbi St.
BROKEN 6"DOUBLESOLID 4"BROKEN 4"STREET SOLID 6"
ATTACHMENT A
STREET STRIPING 2023
Quantities (Linear Feet)
FROM TO
BIKE
SOLID 8"
Page 1 of 2 Page 36 of 232
TWO WAY
LEFT TURN LANE 4"LANE 6"
WHITE YELLOW WHITE WHITE YELLOW WHITE WHITE YELLOW YELLOW WHITE WHITE
BROKEN 6"DOUBLESOLID 4"BROKEN 4"STREET SOLID 6"
ATTACHMENT A
STREET STRIPING 2023
Quantities (Linear Feet)
FROM TO
BIKE
SOLID 8"
Waugh Ln. - - - 102 - 75 - 545 - - - E Gobbi St.Talamge Rd.
Yosemite Dr. - - - - 72 - - - - - - El Rio Ct.Washo Dr.
TOTALS 4,264 30,883 354 2,134 6,741 1,704 1,068 14,584 1,324 12,584 14,868
Page 2 of 2 Page 37 of 232
S:u\agrtms06\short form construction contract
June 22, 2023
1
SHORT FORM CONSTRUCTION CONTRACT
This Agreement is made and entered on _______, in Ukiah,
California, by and between __________, a CA General Partnership
[corporation, partnership, sole properietor] ("Contractor") and the City of Ukiah
("City"), a general law municipal corporation.
RECITALS:
1. The plans and specifications for this work ("the Work")
are contained in Exhibit A – Bid Specification, which is attached
hereto and incorporated herein by this reference.
2. Contractor is properly licensed and qualified to perform
the work.
3.Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the
City Manager or his or her designee.
AGREEMENT:
Wherefore, in consideration of the foregoing facts and the
terms and conditions as further stated herein, the parties hereby
agree as follows.
1. PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein.
1.1 Time of Performance. Contractor shall commence the Work
when receiving a formal Notice to Proceed, and shall complete the
Work by no later than _____________________.
1.1.1. [check if applicable] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work is not completed before or upon the expiration of the
time limit as set forth, damage, other than those cost items
identified in section 1.1.2, will be sustained by the City and
that it is and will be impracticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agreed that, subject to Sections 1.13-1.14, below, the
Contractor will pay to the City the sum of five hundred dollars
ATTACHMENT B
Page 38 of 232
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June 22, 2023
2
($500.00) per day for each and every calendar day's delay beyond
the time prescribed.
1.1.2 [check if applicable] In case the work called for
under this contract is not completed within the time limit
stipulated herein, the City shall have the right as provided
hereinabove, to extend the time of completion thereof. If the
time limit be so extended, the City shall have the right to
charge to the Contractor and to deduct from the final payment
for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which
are directly chargeable to the contract and which accrue during
the period of such extension, except that the cost of final
unavoidable delays shall not be included in such charges.
1.2 Construction of Contract Documents. Contractor will
perform the Work in compliance with the plans and specifications
set forth in the attached Exhibit A. If there is any inconsistency
or conflict between the plans and the specifications, the
specifications will prevail. If there is any inconsistency between
the plans and the specifications and this agreement, the terms of
this Agreement shall prevail, unless expressly stated otherwise in
a particular specification.
1.3 Contractor furnished items. Contractor will furnish all
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 SB 854 requirements
1.4.1 No contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with
the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
1.4.2 No contractor or subcontractor may be awarded a
contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5.
1.4.3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
1.4.4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
Page 39 of 232
S:u\agrtms06\short form construction contract
June 22, 2023
3
contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE. All contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE.
1.4.5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently,
8 CCR §16451(d).)
1.5 Use of Employees.
1.5.1. Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site
of the work unconditionally and without subsequent deductions or
rebate on any account the full amounts due at the time of payment
at wage rates not less than those contained in the applicable
prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and subcontractors and such laborers and mechanics.
1.5.2. Contractor shall comply with the California
Labor Code Section 1775. In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50.00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1.5.3. Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained
the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time
work. The holiday wage rate listed shall be applicable to all
holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
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June 22, 2023
4
the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
the site of work in a prominent place where the workers can easily
see it.
1.5.4. City will not recognize any claim for
additional compensation because the Contractor has paid any rate in
excess of the prevailing wage rate obtained from the City Engineer.
The possibility of wage increases is one of the elements to be
considered by the Contractor in determining his or her bid and will
not in any circumstances be considered as the basis for a claim
against the City.
1.5.5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).
1.5.6. Apprentices.
Attention is directed to the provisions in Sections
1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the
California Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him. Contractor and
any subcontractor under him or her shall comply with the
requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards,
wage schedules and other requirements may be obtained from the
Director of Industrial Relations, ex officio the Administrator
of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
Copies of Labor Code Sections 1771 (requiring prevailing wages),
1775 (imposing penalties, including a $50 per day, per worker
forfeiture, for failure to pay prevailing wages), 1776 (requiring
contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813
(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and ½ for overtime) are
available at the Department of Industrial Relations website at
Page 41 of 232
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June 22, 2023
5
http://www.dir.ca.gov/
1.6 CITY Inspector. CITY may designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor's performance of the Work. The
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
Work without City's prior written approval. City shall notify the
Contractor in writing, if it designates an Inspector.
1.7 Site Conditions. Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8 New Products Required. All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1.9 Compliance with Laws. The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations. The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10 Protection of Site and Improvements. The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph. Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws.
1.11 Inspection of Work. The Contractor shall ensure that
the Work is available for inspection by CITY or its Inspector at
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June 22, 2023
6
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITY inspector or the conduct of an inspection by
CITY or its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
1.12 Title. The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this
Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13 Warranties. In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITY accepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance. The Contractor shall remedy, at the Contractor's
expense, any failure to conform, or any defect. [Initial if
following sentence applies /_/ /_/] CITY shall retain __% of the
Contract Amount to secure the Contractor's warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part of the Contractor.
1.14. Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to
complete this contract; and liquidated damages for delay shall not
be charged against the Contractor by the City during an extension
of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable
delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall
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June 22, 2023
7
constitute a waiver of said claim. Notice of the full extent of the
claim and all supporting data must be delivered to the City within
45 days of the occurrence unless the City specifies in writing a
longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor
shall pursue only such portions of the work as shall not be damaged
thereby. No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means
or precautions approved by the City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing
concrete forms or placing and finishing concrete or asphalt concrete.
Such unfavorable weather day is defined as a rain day where
precipitation prevents the contractor from performing the work more
than four (4) continuous hours within the authorized work period or
a temperature day where the ambient temperature is below that
specified for the placement of materials associated with the
controlling work item for more than four (4) continuous work hours
of the authorized work period.
1.16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m., nor
on Saturdays, Sundays or legal holidays except such work as is
necessary for the proper care and protection of work already
performed, or except in cases of absolute necessity and in any case
only with the permission of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she first obtains the
written permission of the City and that such permission may be
revoked at any time by the City if the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
1.17. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and
the Contractor or any subcontractor shall not require or permit more
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June 22, 2023
8
than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 ½ times the basic rate of pay.
The Contractor shall forfeit to the City, as a penalty, the sum of
twenty-five dollars ($25.00) for each workman employed in the
execution of the contract by him or her or by any subcontractor,
for each calendar day during which such laborer, workman, or
mechanic is required or permitted to labor more than eight hours in
violation of the provisions of Section 1810 to 1816, inclusive,
(Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the
State of California and any acts amendatory thereof.
2. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of _______.
3. PAYMENT OF CONTRACT PRICE
3.1 City shall pay any invoice for completed work, and approved
by the City, within thirty (30) days of its receipt by City. All
payments under this contract shall be made upon the presentation of
certificates in writing from the City and shall show that the work
covered by the payments has been done and the payments thereof are
due in accordance with this contract.
4. INDEMNIFICATION AND INSURANCE.
4.1 Indemnification. The Contractor shall do all of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or proper for
performing and completing the work herein required in the manner
and within the time herein specified. The mention of any specific
duty or liability imposed upon the Contractor shall not be construed
as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any
specific duty or liability being made herein merely for the purpose
of explanation.
The right of general supervision by the City shall not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising
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9
from the Contractor's execution of the work, shall not be lessened
because of such general supervision.
Until the completion and final acceptance by the City of all the
work under and implied by this contract, the work shall be under
the Contractor's responsible care and charge. The Contractor shall
rebuild, repair, restore and make good all injuries, damages, re-
erections and repairs, occasioned or rendered necessary by causes
of any nature whatsoever, excepting only acts of God and none other,
to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify
and hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
investigators arising out of or resulting from the performance of
the work, provided that any such claim, damage, loss or expense (1)
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, other than the work
itself, including the loss of use resulting therefrom and (2) is
caused in whole or in part by any act or omission of the Contractor,
any subcontractor, or anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder, or by the negligence or omission of a party
indemnified herein.
In any and all claims against the City or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts, or other employee
benefit acts. The obligation to indemnify shall extend to and
include acts of the indemnified party which may be negligent or
omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for
such damage shall be deducted from the money due the Contractor
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under this contract; or the whole or so much of the money due or to
become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such
suits or claims for damages shall have been settled or otherwise
disposed of and satisfactory evidence to that effect furnished to
the City.
4.2 Insurance. Contractor shall procure and maintain for
the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder by
the Contractor, his agents, representatives, employees or
subcontractors.
4.2.1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General
Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability – Completed
Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any
auto).
C. Worker’s Compensation insurance as required by the
State of California and Employer’s Liability
Insurance.
4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage
including operations, products and completed
operations. If Commercial General Liability
Insurance or other form with a general aggregate
limit is used, either the general aggregate limit
shall apply separately to this project/location or
the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written
on an occurrence basis.
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B. Automobile Liability: $1,000,000 per accident for
bodily injury and property damage. Insurance must be
written on an occurrence basis.
C. Worker’s Compensation Employer’s Liability:
$1,000,000 per accident for bodily injury or disease.
4.2.3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to
and approved by the City. The City may require the insurer to
reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officers, officials, employees and
volunteers; or the Contractor to provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense
expenses; or to approve the deductible without a guarantee.
4.2.4. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions:
A. The City, its officers, officials, employees, and
volunteers are to be covered as ADDITIONAL INSURED with
respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment, furnished in connection with
such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor’s
insurance, or as a separate owner’s policy.
B. The workers’ compensation policy is to be endorsed with
a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation
against the City, its officers, officials, employees and
volunteers for losses paid under the terms of this policy
which arises from the work performed by the named insured for
the City. NOTE: You cannot be added as an additional insured
on a workers’ compensation policy.
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C. For any claims related to this project, the Contractor’s
insurance coverage shall be primary insurance with respect 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 Contractor’s insurance and shall not contribute
with it.
D. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days’ prior written
notice by certified mail, return receipt requested, has been
given to the City.
E. Note: (This protects the Contractor) -Coverage shall not
extend to any indemnity coverage for the active negligence of
the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of Civil Code.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time. If terminated for lack of funds or abandonment of the project,
the contract shall terminate on the date notice of termination is
given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
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13
site;
c. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a result of said breach.
6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the
Work. Such changes must be incorporated in written amendments to
this Agreement. To be effective, all such changes as referred to
in this section must be agreed upon in writing by both parties to
this agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of City.
8. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State
and local rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Con-
tractor is an independent contractor and not an employee, joint
venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed
by Contractor under this Agreement, and the general public and all
governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance
with federal and state laws, rules, regulations, and interpretations
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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
Contractor and City.
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
government and shall furnish and pay worker's compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify
and hold City and its officers, agents and employees harmless from
and against any claims or demands by federal, state or local
government agencies for any such taxes or benefits due but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand or law suit.
Contractor warrants and represents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action
concerning the agreement must be filed and litigated in the proper
court in Mendocino County, each party consenting to jurisdiction
and venue of California state courts in Mendocino County.
11. SEVERABILITY.
If any provision of the Agreement is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
12. INTEGRATION.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No
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15
amendments to this Agreement shall be binding unless executed in
writing by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been
given when personally delivered, emailed, telefaxed or deposited in
the United States mail with proper first class postage affixed
thereto and addressed as follows:
CONTRACTOR CITY
_____________ City of Ukiah
_____________ 300 Seminary Ave.
_____________ Ukiah, CA. 95482
Email: Email:
FAX: FAX:
Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope
of this agreement.
16. EXECUTION OF AGREEMENT.
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This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively,
this Agreement may be executed and delivered by facsimile or other
electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
admissible as evidence in any administrative or judicial
proceeding to prove the terms and content of this Agreement.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONTRACTOR CITY OF UKIAH
By:___________________________ By:___________________________
Sage Sangiacomo
City Manager
California Contractor's License Number __________ [Number or N/A]
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Rev: 11/20/08 Page 1 of 2
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
I.Minimum Scope of Insurance
Coverage shall be at least as broad as:
A.Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).
B.Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C.Worker’s Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
II.Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written on an occurrence basis.
B.Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C.Worker’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
III.Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require
the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers,
officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to
approve the deductible without a guarantee.
IV.REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the contractor; and with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s
insurance, or as a separate owner’s policy.
B.The workers’ compensation policy is to be endorsed with a waiver of subrogation. The
insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses paid under the terms of this policy which arises
from the work performed by the named insured for the City. NOTE: You cannot be added as an additional
insured on a workers’ compensation policy.
C. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance
with respect 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
Contractor’s insurance and shall not contribute with it.
ATTACHMENT C
Page 54 of 232
Rev: 11/20/08 Page 2 of 2
D.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt
requested, has been given to the City.
E.Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
V.RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than A- for
financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
VI.Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements are on
forms other than the City’s forms, those endorsements or policies must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VII.Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707)463-6287 FAX (707) 463-6204
Page 55 of 232
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California,
(hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred
to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the
“Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the
Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits
thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a
bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, __________________________, the undersigned Contractor and
_________________________, as Surety, a corporation organized and duly authorized to transact business
under the laws of the State of California, are held firmly bound until the City in the sum of
______________________________ ($_________________), for which amount well and truly to be made, we
bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made
as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in
all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify
and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said
Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force
and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be
included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in
enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided
for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the
acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any
obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s
obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil
Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the
Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i.Take over and complete the Project in accordance with all terms and conditions in the Contract
Documents; or
ii.Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the
Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder, the Surety and the City, and make available as work
ATTACHMENT D
Page 56 of 232
progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
iii.Permit the City to complete the Project in any manner consistent with California law and make
available as work progresses sufficient funds to pay the cost of completion of the Project, less the
balance of the contract price, including other costs and damages for which Surety may be liable. The
term “balance of the contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any amount previously paid
by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by
Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for
completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s
objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way
affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Page 57 of 232
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________,
2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________
The rate of premium on this bond is __________________ per thousand. The total amount of premium charges
is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________
________________________________
________________________________
(Name and Address of Agent or ________________________________
Representative for service of process in ________________________________
California, if different from above) ________________________________
(Telephone number of Surety and Agent _______________________________
or Representative for service of process in California)
Page 58 of 232
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a
contract (City Agreement No. _____________, dated _________________, ___________, referred to as the
“Agreement”) for the work described as _______________________. The Agreement is incorporated by this
reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant
to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned
Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the
laws of the State of _____________________, and duly authorized to transact business under the laws of the
State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or
corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person,
company, or corporation entitled to make a claim on this bond, in the sum of $_________________________,
for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors,
administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil
Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to
deduct, withhold, and pay over to the Employment Development Department, any amounts required to be
deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and
labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein
above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as
shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the
obligation of the bond by any change, extension of time for performance, addition, alteration or modification in,
to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment
therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining
or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted
rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond
attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or
agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to
recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons
for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and
Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall
be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the
full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of
time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section
2819 and 2845 of the California Civil Code.
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to
Surety as follows:
Page 59 of 232
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed
an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of
____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be
accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to
this bond. A copy of such Power of Attorney must be in file with the City.
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DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an
individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following
the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a
corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate
seal, or copies attached to such records of the corporation as will evidence the official character
and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the
corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to
the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each
party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
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Item #Item Description Quantity Unit of Measure Unit Price Item Total Unit Price Item Total
1 Broken 4" Painted Traffic Stripe - White 4264 LF $ 0.40 $ 1,705.60 $ 0.60 $ 2,558.40
2 Broken 4" Painted Traffic Stripe - Yellow 30883 LF $ 0.40 $ 12,353.20 $ 0.60 $ 18,529.80
3 Broken 6" Painted Traffic Stripe - White 354 LF $ 0.60 $ 212.40 $ 0.85 $ 300.90
4 Solid 4" Painted Traffic Stripe - White 2134 LF $ 0.75 $ 1,600.50 $ 0.75 $ 1,609.04
5 Solid 4" Painted Traffic Stripe - Yellow 6741 LF $ 0.75 $ 5,055.75 $ 0.75 $ 5,055.75
6 Solid 8" Painted Traffic Stripe - White 1704 LF $ 1.00 $ 1,704.00 $ 1.20 $ 2,044.80
7 Solid 6" Paint Traffic Stripe - White 1068 LF $ 0.85 $ 907.80 $ 0.85 $ 907.80
8 Double Painted Traffic Stripe - Yellow 14584 LF $ 1.40 $ 20,417.60 $ 1.40 $ 20,417.60
9 Two Way Left Turn Painted Traffic Stripe - Yellow 1324 LF $ 2.00 $ 2,648.00 $ 1.40 $ 1,853.60
10 Bike Lane 4" Painted Traffic Stripe - White 12584 LF $ 0.75 $ 9,438.00 $ 0.75 $ 9,438.00
11 Bike Lane 6" Painted Traffic Stripe - White 14868 LF $ 0.85 $ 12,637.80 $ 0.85 $ 12,637.80
Total Bid Amount $ 68,680.65 $ 75,353.49
RFB E40143 - Street Striping 2023
Owner: City of Ukiah
Chrisp Company Specialized Pavement MarkingBid Opening: 7/6/23
ATTACHMENT 2
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ATTACHMENT 3
Page 63 of 232
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Page 1 of 2
Agenda Item No: 8.d.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2858
AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract with Stone Creek Environmental Consulting in the Amount of $81,600 for
Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued by North Coast
Regional Water Quality Control Board.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst
PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. Ukiah Proposal for 2023-2024
Summary: The City Council will consider awarding a professional services agreement to Stone Creek
Environmental Consulting in the amount of $81,600 for engineering services related to the Municipal Separate
Storm Sewer Systems Permit.
Background: Discharges of storm water and non-storm water from a Municipal Separate Storm Sewer
System (MS4), particularly in an urbanized area, has a high potential to convey pollutants to receiving waters.
The higher percentage of impervious area in an urbanized area correlates to a greater pollutant loading,
resulting in turbid water discharges, nutrient enrichment, bacterial contamination, and toxic compounds.
Pollutants of concern in these discharges in the Russian River Watershed include: heavy metals, indicator
bacteria, nutrients, pesticides, petroleum hydrocarbons and trash.
Stone Creek Consulting has been providing stormwater support since 2020.
Discussion: The City is designated as a Phase 1 Co-Permittee with other agencies regulated by the North
Coast Regional Water Quality Control Board (Board). These agencies operate under a MS4 issued by the
Board which requires specific monitoring and reporting tasks as well as the development of special studies in
order to maintain permit compliance. In order to maintain compliance with the permit, Staff requested a
proposal (Attachment 1) from Stone Creek Environmental Consulting for engineering and consulting services
related to maintaining compliance with the permit.
This year’s agreement is substantially more expensive than years past due to the addition of critical source
inspections. These inspections are a required part of the permit and an estimated 90 facilities within the city
will be inspected. Stone Creek will perform these inspections, document findings and draft corrective action
orders. Stone Creek will also assist in developing a critical source inspection program to give Staff the
knowledge of how to perform these in the future. Staff will be exploring cost recovery initiatives and will bring
back recommends for Council's consideration in the future.
Recommended Action: Award professional services agreement to Stone Creek Environmental Consulting in
the amount of $81,600 for Engineering Services related to the City’s Stormwater Permit.
BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 10024224.52100:$91,600
PROPOSED BUDGET AMOUNT: 10024224.52100:$81,600
FINANCING SOURCE: N/A
Page 69 of 232
Page 2 of 2
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223088
COORDINATED WITH: Andrew Stricklin, Associate Engineer and Tim Eriksen, Director of Public Works
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.
GENERAL PLAN ELEMENTS (GP):
Page 70 of 232
Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
colleen@consultingstonecreek.com
707-318-9415
1 www.consultingstonecreek.com
Proposal for Storm Water Support Services, Fiscal Year 2023/2024
April 26, 2023
Mr. Tim Eriksen
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Subject:
Dear Mr. Eriksen:
Stone Creek Environmental Consulting (Stone Creek) is pleased to present this proposal and fee
estimate to provide stormwater support services to the City of Ukiah (City). Colleen Hunt,
owner, is a Certified Professional in Municipal Stormwater Management and brings direct
regulatory compliance experience with municipal stormwater permit requirements. She has
worked with dozens of municipal stormwater Permittees during her time with the Regional
Water Board and for the past four years as a consultant. Colleen has been providing stormwater
assistance to the City since 2020.
The City is subject to requirements of the Regional Water Board’s Waste Discharge
Requirements Order No. R1-2015-0030, National Pollutant Discharge Elimination System
(NPDES) Permit No. CA0025054 for Discharges from the Municipal Separate Storm Sewer
System (MS4) (Permit). The Permit became effective January 6, 2016 and expired on January 5,
2021. The Permit is administratively extended until the Regional Water Board renews the
Permit. Until a new Permit is adopted, the City must continue implementing the requirements of
the expired Permit.
Tasks in this proposal include assisting the City with the ongoing requirements of the expired
Permit and program management elements as outlined here:
Sediment Reduction Plan Implementation
Inspections
Critical Source Inspections
Municipal Staff Training
Annual Reporting
Trash Implementation Plan
Program Management
ATTACHMENT 1
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Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
colleen@consultingstonecreek.com
707-318-9415
2 www.consultingstonecreek.com
Scope of Work
Task 1. Sediment Reduction Plan Implementation
Section I of the Permit requires the City to develop and implement a Sediment Reduction Plan to
assess effectiveness of Best Management Practices (BMPs) used to control sediment in
stormwater runoff. The City developed a workplan for this requirement that was approved by the
Regional Water Board. The workplan divided the scope of work into four phases:
Phase I Source Investigation Research
Phase II Sediment Source Field Investigation
Phase III Sediment Source BMP Plan
Phase IV Progress Reporting
The City has completed Phases I and II and is in the process of implementing Phase III. The City
will also have to submit a progress report with the 2023/2024 Annual Report (Phase IV). This
task is to assist the City with te continued implementation of Phase III and drafting the progress
report.
Requirements for Phase III include implementing BMPs identified in Phase II to control
significant sediment sources and studying the effectiveness of both new and existing BMPs.
Tasks identified in the Phase III workplan for the 2023/2024 fiscal year include implementing a
workplan to complete outfall inspections, and assessments to better understand the implications
of sediment discharge from aging infrastructure. Under this task, Stone Creek will assist the City
with implementing the workplan. The scope of work identified in the workplan includes
conducting an assessment of all City owned outfalls, prioritizing findings and finalizing a
summary report. The task will be completed as described in the workplan and is incorporated
into this proposal by reference.
This task will also include conducting the ongoing effectiveness assessment of BMPs used to
control the discharge of sediment in stormwater runoff. This effort will continue using the
2NFORM platform to track effectiveness by calculating the water quality benefit associated with
sediment load reduction. As part of this task, Stone Creek will populate the platform with new
BMPs and manage the platform. This includes entering information on BMPs used to control
sediment discharges and running load reduction calculations for reporting purposes. Utilizing the
data generated in the platform, Stone Creek will also develop the effectiveness assessment report
for fiscal year 2023 2024 for the sediment reduction plan due to the Regional Water Board by
October 15, 2024. The effectiveness assessment report will be submitted as an attachment to the
2023 2024 Annual Report (described in Task 5 below).
The fee estimate includes the annual user fee to use the software platform for one year. Based on
our experience, this is the most cost-effective approach, as it enables the user to incorporate other
program areas into the platform, including tracking Low Impact Development (LID) inspections,
Page 72 of 232
Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
colleen@consultingstonecreek.com
707-318-9415
3 www.consultingstonecreek.com
storm drain maintenance needs, construction site inspections, industrial and commercial
inspections and trash plan management.
Task 1 Deliverables: Outfall Inspection Report. Effectiveness Assessment Report for the
2023/2024 Annual Report.
Task 2. Project Development Inspections
The City of Ukiah is required to conduct several stormwater inspections throughout the year
including:
Active construction sites monthly between September and April
Low Impact Development installation inspections
Low Impact Development maintenance inspections once every two years
This task is reserved for assisting the City with conducting inspections as needed. As directed by
the City, Stone Creek will conduct the requested inspection, keep a digital inspection record,
convey deficiencies to responsible parties, coordinate enforcement actions with City staff, and
conduct follow-up inspections as warranted. This task assumes up to 80 hours during the fiscal
year for assistance with inspections.
Task 2. Deliverable: Inspection Reports
Task 3. Critical Source Inspections
This task is to assist the City with conducting critical source inspections and setting up an
inspection program as a longer-term solution for maintaining compliance with this requirement.
The first part of this task will be to conduct one inspection at each critical source facility. It is
estimated that 90 facilities will need to be inspected. This task will include confirming the
critical source inventory, scheduling and conducting inspections, distributing stormwater
education outreach materials, drafting inspection reports, providing the City with a summary of
inspection results, drafting corrective action orders, and following up on corrective action orders
as needed.
For the second part of this task, Stone Creek will assist the City with developing a critical source
inspection program. This task will include determining appropriate entities to conduct
inspections, coordinating with departments as needed to set up critical source inspection
procedures, staff training for conducting and tracking inspections and corrective action notices,
and other tasks needed to set up the critical source inspection program.
Task 3. Deliverables: Documentation of critical source inspections, summary of inspection
activities, copies of corrective action notices, as applicable. Update Stormwater Management
Plan with new critical source inspection program procedures.
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Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
colleen@consultingstonecreek.com
707-318-9415
4 www.consultingstonecreek.com
Task 4. Municipal Staff Training
Section G.12. of the Permit requires the City to annually train staff whose interactions, jobs, and
activities may affect stormwater quality. We will provide training on stormwater topics selected
by the City. This may include illicit discharge, non-stormwater discharges, municipal activities
BMP requirements, and/or integrated pest management. Training will be provided as a pre-
recorded video or in person as conditions allow.
Task 4. Deliverable: Stormwater training, including preparation of a PowerPoint presentation,
training materials, and training documentation records.
Task 5. Annual Report
The Annual Report for the 2022/2023 reporting period is due October 15, 2023. At the beginning
of the new Permit term, the Regional Water Board developed an annual report template for
Permittee use. The template provides a streamlined method for annual reporting. We will assist
the City with populating the template and gathering information needed for reporting. The City
will need to complete sections of the report with data that is not readily available to us to
adequately complete the report. The City will be responsible for submitting the final report to the
Regional Water Board.
Task 5. Deliverable: Draft Annual Report
Task 6. Trash Implementation Plan
In July of 2021, the City submitted a Trash Implementation Plan (TIP) to the Regional Water
Board in response to a 13383 Order issued to the City in 2017. The TIP provides an
implementation strategy to comply with the State Water Board adopted Trash Provisions. The
proposed strategy includes installing full trash capture systems in combination with the
implementation of institutional controls to reduce the discharge of trash to surface waters. To
date, the Regional Water Board has not provided comments or approved the TIP.
Full compliance with the Trash Provisions must be achieved no later than December 2, 2030.
While the TIP has not yet been approved, the City will need to start implementation of the TIP to
meet the mandated compliance date. For the 2023/2024 fiscal year, the City will need to start full
trash capture planning, as well as schedule other implementation tasks. This task is to assist the
City with implementing these measures. The focus of the task will be assisting the City with
determining initial steps for implementation, including soliciting proposals from engineering
firms to conduct an assessment for full capture system design.
Task 6. Deliverable: Provide assistance with TIP implementation.
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Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
colleen@consultingstonecreek.com
707-318-9415
5 www.consultingstonecreek.com
Task 7. Program Management
This task will include general project management tasks needed to manage the contract properly
and effectively. Tasks will include a project schedule, managing budget, monthly invoicing, and
routine communications with the City, including in-person meetings to report progress and
discuss key recommendations and decisions.
Task 7. Deliverable: Invoices
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not-to-exceed budget
of $81,600. The estimated fee and associated level of effort are summarized below.
Task Level of Effort,
hours
Estimated Fee, $
Task 1. Sediment Reduction Plan 48 13,000
Task 2. Inspections 80 14,800
Task 3. Critical Source Inspections 250 45,000
Task 4. Municipal Staff Training 12 2,200
Task 5. Annual Report 12 2,200
Task 6. Trash Implementation Plan 12 2,200
Task 7. Project Management 12 2,200
Total 426 81,600
Billing rates for the estimate are provided below. Rates will be valid for the duration of the
contract:
Technical Professional Services I $165 per hour
Technical Professional Services II $185 per hour
GIS/Mapping $175 per hour
Intern Assistance $85 per hour
Administrative Assistance/Travel $75 per hour
Quality Assurance Review $205 per hour
Direct Costs Cost + 10%
Mileage Standard Federal Rate
Page 75 of 232
Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
colleen@consultingstonecreek.com
707-318-9415
6 www.consultingstonecreek.com
Any services not included in this Scope of Work will be performed only after receiving written
authorization and a corresponding budget augmentation from the City. I am looking forward to
working with you on this important work. Please feel free to contact me at 707-318-9415 or
colleen@consultingstonecreek.com if you have any questions or would like to discuss this
proposal further.
Sincerely,
Colleen Hunt, CPMSM #343
Professional Consultant
Page 76 of 232
Page 1 of 2
Agenda Item No: 8.e.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2861
AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract Change Order for Additional SCADA System Upgrade Work at the
Wastewater Treatment Plant in the Amount of $158,555.29.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst
PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:
1. PO 47814
2. JM CCO 1
Summary: Council will consider approval of a Contract Change Order for additional SCADA system upgrade
work for the Wastewater Treatment Plant in the amount of $158,555.29
Background: On March 16, 2022, JM Integration, Inc was awarded the contract for existing SCADA system
upgrades and new software integration at the Wastewater Treatment Plant. Upgrades include expanded
functionality, reporting and cloud access. See Attachment 1.
Discussion: As work neared completion, Staff found that additional items were necessary to meet standards
and allow efficient operations. JM Integration recommended additional PLC chassis, additional network
switches allowing for increased redundancy, replacement of existing PLC communication to use a higher
bandwidth system allowing for faster data transfers and two laptops to allow plant operators remote access to
the Wastewater Treatment Plant’s systems more securely.
An internal transfer of $44,913.81 will be made from unspent miscellaneous contracted services in FY22/23 as
this contract work began in FY22/23.
The contract change order, if approved, will authorize increasing this project’s total to $399,134.53. See
Attachment 2.
Recommended Action: Approve Contract Change Order for additional SCADA system upgrade work for the
Wastewater Treatment Plant in the amount of $158,555.29
BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027225.80100.18246: $113,641.48 (Currently available budget FY 22/23)
PROPOSED BUDGET AMOUNT: 84027225.80100.18246: $158,555.29
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 47814
COORDINATED WITH: Ryan Kriken, WWTP Supervisor, and Sean White, Water Resources Director
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.
GENERAL PLAN ELEMENTS (GP):
Page 77 of 232
Page 2 of 2
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Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year Page of
Delivery must be made within
doors of specified destination.
PO TotalRECEIVING COPY
BILL TO
V
E
N
D
O
R
SHIP
TO
Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer
Item#Description/Part No.Unit Price Extended PriceUOMQty
CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482
Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate
2022 1 1
47814-01
JACK MILLER250 BROOKDALE DRVACAVILLE CA 95687
CITY OF UKIAH - WWTP300 PLANT ROADUKIAH CA 95482
03/28/2022Mary Horger
0.000FOB UKIAH/N30 WASTE WATER TREATMENT
$261,575.82
1 53040.0 DOLL $1.000 $53,040.00LABOR - SCADA UPGRADE AT WWTP
840.50.00.27.272.2722.27225.80100.18246 $53,040.00
2 6550.3 DOLL $1.000 $6,550.34TRAVEL FOR WWTP SCADA UPGRADE
840.50.00.27.272.2722.27225.80100.18246 $6,550.34
3 185520.5 DOLL $1.000 $185,520.53MATERIAL FOR WWTP SCADA UPGRADE
840.50.00.27.272.2722.27225.80100.18246 $185,520.53
4 16465.0 DOLL $1.000 $16,464.95ESTIMATED TAXES
840.50.00.27.272.2722.27225.80100.18246 $16,464.95
REF REQ E38936
AS PER QUOTE 220104 REV 2
COUNCIL APPROVED: 3/16/2022
MH 3/28/22: PLEASE NOTE THAT TAXES WERE
ADDED TO PO, BUT NOT PART OF THE ORIGINAL
ASR AWARD AMOUNT REQUEST. THIS WILL NEED
TO BE CONSIDERED IF ANY CHANGE ORDERS ARE
REQUESTED IN FUTURE AS THE CITY IS LIMITED TO
10% OR $5K WHICHEVER IS GREATER OF ORIGINAL
PURCHASE.
MH 9/28/22: ADDED $4,893.81. INCREASED COST OF
MATERIALS WHEN VENDOR WENT TO PLACE THE
ORDER.
ATTACHMENT 1
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Page 1 of 1
Agenda Item No: 8.f.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2862
AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract with JM Integration for an On-call Maintenance and Troubleshooting
Agreement at the Wastewater Treatment Plant (WWTP) in the Amount of $174,864.80.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst
PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:
1. Proposal
Summary: The City Council will consider awarding a professional services agreement to JM Integration in the
amount of $174,864.80 for on-call maintenance and troubleshooting at the Wastewater Treatment Plant.
Background: JM Integration has been working with Staff at the Waste Water Treatment Plant and with the
City of Ukiah for several years. JM Integration has been a key part of the SCADA infrastructure upgrade, and
bringing expanded functionality and resilience to the Wastewater Treatment Plant.
Discussion: JM Integration would provide general maintenance and troubleshooting tasks assigned by Waste
Water Treatment Plant Staff as needed. These visits can be on-call or scheduled reoccurring visits. See
Attachment 1. JM Integration has in depth knowledge on all aspects of the Waste Water Treatment Plant and
has provided multiple on-call agreements in the past. This would be the first multi-year agreement with JM
Integration. Using a three-year agreement, the Treatment Plant is able to rely on the accessibility of a
technician with expert knowledge of the operations and avoid possible future price increases for
services. This is an on-call, as needed contract billed at an hourly rate.
Recommended Action: Approve contract to JM Integration for an on-call Maintenance and troubleshooting
agreement at the WWTP in the amount of $174,864.80.
BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027225.52100: $378,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Ryan Kriken, WWTP Supervisor and Sean White, Water Resources Director
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH:
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.
GENERAL PLAN ELEMENTS (GP):
Page 82 of 232
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Page 1 of 2
Agenda Item No: 8.g.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2860
AGENDA SUMMARY REPORT
SUBJECT: Notification of Emergency Purchase of all Materials and Labor for the Installation of a Manhole and
Water and Sewer Lateral Work on State Street from Wipf Construction in the Amount of $157,512.50, and
Approve Corresponding Budget Amendment.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst
PRESENTER: Tim Eriksen, Director of Public Works.
ATTACHMENTS:
1. Wipf Invoice
Summary: Council will receive a report of the acquisition of emergency repair work on water and sewer mains
from Wipf Construction in the amount of $157,512.50, and consider approving a corresponding budget
amendment.
Background: Staff received reports of a blown water main near 660 North State Street. Wipf Construction
was on site, as it was thought that the water main was a private facility. However, after some exploration and
research it was revealed that the facilities were city main lines. As the repairs were underway, the excavation
exposed a sewer main line that was located very close to the water main. Staff determined that the sewer line
needed to be relocated immediately to guarantee the safety of the public. We requested Wipf Construction to
continue with the water main repairs and also immediately realign the sewer line.
Discussion: Wipf Construction realigned the sewer main at a proper distance from the water main. The water
line was replaced as well in order to guarantee that there is no cross contamination.
Please note that due to the risk to health and safety, the urgency necessary to take care of the issue, and the
extenuating circumstances leading up to the work, staff missed some procedural reporting and processing
steps as required by the California Uniform Cost Accounting Act. Staff will work to improve these processes
for future and similar instances.
The invoice for the work performed can be found in Attachment 1.
Recommended Action: Receive notification of the emergency purchase of all repair work on a water and
sewer main from Wipf Construction in the amount of $157,512.50, and approve corresponding budget
amendment.
BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 82227113.80230.18262: $90,515.89 84027221.80230.TBD: $0.00
PROPOSED BUDGET AMOUNT: 82227113.80230.18262: N/A; 84027221.80230.TBD: $91,332.50
FINANCING SOURCE: Water & Sewer Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Tim Eriksen, Director of Public Works
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):GP-A6 - Safety Element - Water Supply Infrastructure
Page 85 of 232
Page 2 of 2
Page 86 of 232
ATTACHMENT 1
Page 87 of 232
Page 1 of 2
Agenda Item No: 8.h.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2873
AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of Network Routers and Switches from Rhino Networks LLC for the Amount
of $103,049.17, and Approve Corresponding Budget Amendment.
DEPARTMENT: Information Services PREPARED BY: Mary Horger, Financial Services Manager
PRESENTER: Ryan Burkhart, IT Manager and Scott Shaver, IT
Manager.
ATTACHMENTS:
1. RFB# E39443 - IT Switches and Routers (003)
Summary: Council will consider approving the purchase of network routers and switches from Rhino Networks
LLC for the amount of $103,049.17, and approve a corresponding budget amendment.
Background: Much of the City's network infrastructure is at or approaching the end of life, and will no longer
be supported. The most critical is the WAN router which connects the City's remote external sites, such as the
Parks office on Mason Street, Grace Hudson Museum, and the Hydro Electric Plant. The Information
Technology department has planned this expenditure on the City's 5-year Capital Improvement Schedule. It
was slated to be purchased last fiscal year. However, due to ever changing priorities and challenges, the
replacement purchase was unable to be completed in time.
Discussion: On June 30, 2023, the Purchasing Department released a Request for Bid (RFB) for Cisco
network routers and switches. The bids were issued to Cisco partners as listed on the Cisco website. Bids
were due on July 10, 2023. Bids were received from only one vendor, Rhino Networks LLC for the amount of
$103,049.17. Please see Attachment 1 for a copy of the bid. The lead time for the parts is 45 days from
receipt of order.
The resources for this project were collected last fiscal year and placed into the capital reserves of the
Information Technology Fund. However, because this was budgeted last fiscal year (FY 2022-23), a budget
amendment will be required in the current fiscal year (FY 2023-24) to authorize the expenditure.
Therefore, it is Staff's recommendation to approve the purchase of the network routers and switches from
Rhino Networks LLC for the amount of $103,049.17, and approve the corresponding budget amendment.
Recommended Action: Approve the purchase of nework routers and switches form Rhino Networks LLC for
the amount of $103,049.17, and approve the corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20913900.54330.18328: $0; 20913900.80100.18100: $0
PROPOSED BUDGET AMOUNT: 20913900.54330.18328: $17,464; 20913900.80100.18100: $85,586
FINANCING SOURCE: IT Fund (209) reserves
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Ryan Burkhart, IT Manager; and Scott Shaver, IT Manager
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
Page 88 of 232
Page 2 of 2
GENERAL PLAN ELEMENTS (GP):
Page 89 of 232
DATE:6/30/2023
Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO.E39443
herein, and by the specified deadline, or the bid will be rejected.
BIDS WILL BE RECEIVED UNTIL
Submitted by:1:30 p.m., on July 10, 2023
(Company Name AT THE OFFICE OF THE BUYER
& Address)
BY:Elvia Fernandez
Email: efernandez@cityofukiah.com
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS:
QUANTITY SKU UNIT PRICE EXTENDED PRICE
3 C8200L-1N-4T
3 3CON-SNT-C8200TL1 (3YR)
3
3
3
1
1
1
1
1
1
1
1
2
2
2
2
2 CON-SSTCM-C9524QE(3YR)
2 C9500-DNA-E-3Y
5 C9200-48P-E
5 CON-SNT-C92048PE(3YR)
5 C9200-NM-4X
5 PWR-C6-1KWAC/2
5 C9200-DNA-E-48-3Y
5 C9200-STACK-KIT
Tax (8.875 %):
Shipping:
TOTAL:
Payment Terms: N30
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
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.
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ALL BIDS SHALL BE F.O.B. UKIAH, CA.
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Cisco pluggable SSD storage
REQUEST FOR BID
UKIAH, CALIFORNIA 95482
P: (707) 467-5774, F: (707) 313-3831
300 SEMINARY AVENUE
PAGE 1 OF 1
Rhino Networks LLC
4 Long Shoals Rd, Ste B486
Arden, NC 28704
855-462-9434
$749.48
$780.00
$558.25
$1,223.94
$202.05
$1,188.09
$1,341.60
$1,161.69
$1,223.94
$202.05
$381.64
$1,000.00
$(1,000.00)
$10,882.31
$5,894.28
$943.29
$1,348.49
$282.24
$854.04
$3,304.82
$1,569.96
$1,021.58
$965.17
$503.34
$673.96
$2,248.44
$2,340.00
$1,674.75
$3,671.82
$606.15
$1,188.09
$1,341.60
$1,161.69
$1,223.94
$202.05
$381.64
$1,000.00
$(1,000.00)
$21,764.62
$11,788.56
$1,886.58
$2,696.98
$564.48
$1,708.08
$16,524.10
$7,849.80
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$ 6,405.55*
$ 0.00
$ 103,049.17*Software licenses are not taxable in California. Tax adjusted accordingly.
Frank Lacombe
7/10/2023
919-230-998
0
45 days
frank@rhinonetworks.com
ATTACHMENT 1
Page 90 of 232
Page 1 of 6
Agenda Item No: 12.a.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2844
AGENDA SUMMARY REPORT
SUBJECT: Appeal of Planning Commission Decision to Deny a Major Site Development Permit for
Construction of a Redwood Credit Union Bank Facility at 101 South Main Street, APN 002-231-001; File No.
22-7977.
DEPARTMENT: Community
Development PREPARED BY: Michelle Irace, Planning Manager, Craig Schlatter,
Community Development Director
PRESENTER: Michelle Irace, Planning Manager; Craig
Schlatter, Community Development Director
ATTACHMENTS:
1. RCU Project Renderings- 1st and 2nd design iterations submitted on 12/22/22 and 02/13/23
2. RCU Project Renderings- 3rd design iteration and Minutes of the 03/23/23 Design Review Board
3. RCU Project Renderings- 4th design iteration reviewed by Planning Commission on 05/10/23
4. RCU Project Renderings- 5th design iteration and Minutes of the 06/14/23 Planning Commission
Meeting including Findings of denial
5. Appeal Letter submitted by Applicant on 06/26/23
6. RCU Project Renderings- 6th design iteration and additional correspondence submitted on 07/05/23
7. City Attorney Memo on Appeal Procedure and Clarifications of City Code 071123
8. Staff Analysis of appeal materials and 6th design iteration 071323
9. Draft Findings for Approval, revised 071323
10. Draft Conditions of Approval, revised 071323
11. 12a Correspondence Received - Len Tischler
12. 12a Correspondence Received - Traci Boyl
13. 12a Correspondence Received - Anonymous
14. 12a Correspondence Received - Todd Schapmire
15. 12a Correspondence Received - Pete Gallegos
16. 12a Correspondence Received - Dennis Crean
17. 12a Correspondence Received - Kim Gulifoyle
18. 12a Correspondence Received - Karen Rifkin
19. 12a Correspondence Received - Moria Lawlor
20. 12a Correspondence Received - Kristin Ohlson
21. 12a Correspondence Received - Dick Bruce
22. 12a Correspondence Received - Elizabeth Raybee
23. 12a Correspondence Received - Alan Nicholson
24. 12a Correspondence Received - Kirsten Gantzel
25. 12a Correspondence Received - Maureen Mulheren
26. 12a Correspondence Received - Pinky Kushner
27. 12a Correspondence Received - Michelle Johnson
28. 12a Correspondence Received - Narissa Gowan - posted 7-21-23
Summary: Council will conduct a public hearing to consider an appeal of the June 14, 2023, Planning
Commission's denial of Major Site Development Permit No. 22-7977 for construction of a Redwood Credit
Page 91 of 232
Page 2 of 6
Union Bank Facility at 101 South Main Street, within the Downtown Core (DC) General Plan land use
designation and the Urban Center (UC) zoning district of the Downtown Zoning Code (DZC).
Background: On December 12, 2022, an application for a Major Site Development for construction of a bank
facility at 101 South Main Street (“Project”) was submitted to the Community Development Department's
Planning Division by Axia Architects, on behalf of Redwood Credit Union (“RCU” or “Applicant”). The Project
would facilitate demolition of the two existing structures associated with Demolition Permit No. 21-6155, which
was conditionally approved by the City Council on May 18, 2022. Per Mitigation Measure CUL-2 included in
the Initial Study and Mitigated Negative Declaration (ISMND) approved for the Demolition Permit, the permit
for demolition of the existing building (101 South Main Street) cannot be issued until a development proposal is
approved, incorporating salvaged or similar pressed metal into the new building to pay homage to the
agricultural commercial function of the original building. The ISMND may be found online at:
https://cityofukiah.com/ceqa-review/.
Since initial submittal in December of 2022, the Project has been redesigned five times in response to
recommendations and feedback received from City Planning Staff, the Design Review Board, Historical
Society of Mendocino County, members of the public, and the Planning Commission. Below is a summary of
the Project’s review timeline and design modifications between December 2022 and June 2023. Weblinks to
specific referenced meetings are provided. Each meeting may also be accessed by navigating to the specific
meeting from the City’s meetings webpage at: https://cityofukiah.com/meetings/.
Initial Application Review and Referral, December 12, 2022 to February 22, 2023
• Applicant submits initial application on December 12, 2022 (first design iteration).
• Incomplete letter sent to Applicant from Planning Division Staff on December 27, 2023, and additional
information requested by Staff on February 22, 2023.
• Applicant submits modifications to the design of the Project on February 13, 2023 (second design
iteration). Design includes two options for use of new metal siding based on metal siding analysis
completed by the Applicant concluding that existing metal was unusable and contains lead.
• Staff refers Project to City departments and external entities with interest in or jurisdiction over the
Project for review and comment(s) on February 22, 2023.
• First and second Project design iterations included in Attachment 1.
Applicant Submits Third Design Iteration and Additional Information on March 15, 2023
• Applicant submits third design iteration and additional information and clarifications in response to
items identified in the incomplete letter, subsequent correspondence related to Downtown Zoning Code
requirements, and comments provided by other City departments and external entities.
Design Review Board (“DRB”) Public Meeting, March 23, 2023
• At their regular meeting of March 23, 2023, DRB reviews third design iteration and recommends
approval of the Project with six recommendations.
• DRB also determines that Project meets intent of Mitigation Measure CUL-2 associated with Demolition
Permit No. 21-6155 intended to pay homage to the historic nature of the existing pressed metal siding
on the 101 South Main Street building.
• Third Project design iteration and minutes of the DRB meeting with recommendations included in
Attachment 2.
• Link to March 23, 2023 DRB meeting: https://ukiahca.portal.civicclerk.com/event/1475/overview.
Applicant Submits Fourth Design Iteration on April 17, 2023
Page 92 of 232
Page 3 of 6
• Fourth design iteration includes Project modifications made by Applicant responding to six DRB design
recommendations.
• Fourth design iteration included in Attachment 3.
Planning Commission (“Commission”) Public Hearing, May 10, 2023
• Commission reviews Project (fourth design iteration) at their regular meeting on May 10, 2023.
• Commission moves (3-1 vote) to continue public hearing to June 14, 2023 and asks Staff to prepare
findings for denial of the Project based upon the Commission’s comments at the May 10 hearing.
• Link to May 10, 2023, Planning Commission meeting:
https://ukiahca.portal.civicclerk.com/event/1657/overview.
Applicant Submits Fifth Design Iteration on June 13, 2023
• Fifth design iteration includes Project modifications made by Applicant responding to Planning
Commission and public comments at the May 10, 2023 meeting.
Planning Commission Continued Public Hearing, June 14, 2023
• Commission reviews Project (fifth design iteration) at their continued public hearing on June 14, 2023.
• Commission votes (4-1) to deny the Major Site Development Permit, based upon the proposed findings
by Staff reflecting the Commission's May 10 comments, as well as those prepared by Commissioners
Michelle Johnson and Alex de Grassi.
• Fifth Project design iteration, Minutes of the May 14, 2023 Commission meeting, and findings for denial
included in Attachment 4.
• Link to June 14, 2023 Planning Commission continued public hearing:
https://ukiahca.portal.civicclerk.com/event/1658/overview.
Appeal of Planning Commission’s Decision Received June 26, 2023
• City Staff receives appeal to the Commission’s decision to deny the Major Site Development Permit for
the Project from Applicant, Axia Architects, on behalf of Redwood Credit Union (henceforth,
“Appellant”).
• Appeal letter included as Attachment 5.
• Applicant/Appellant identifies the following points in their appeal letter as the basis for the appeal:
1. The Findings for Denial made by the Planning Commission are based in most cases on broad
language from the General Plan. Words like “encourage”, “should”, and “promote” for downtown
visioning have been interpreted as mandates for this individual site.
2. The Findings for Denial prescribe requirements on the project in excess of those stated in the
General Plan and Downtown Zoning Code.
3. The Findings for Denial are based in some cases on information that is conflicting with the findings
of the Community Development Department.
Additional Appeal Materials Submitted by Appellant July 5, 2023
• Appellant submits additional appeal materials and a sixth Project design iteration via email on July 5,
2023.
Page 93 of 232
Page 4 of 6
• Sixth Project design iteration included as Attachment 6.
Memorandum Released by City Attorney's Office July 11, 2023
• Memorandum released by City Attorney David Rapport to City Council regarding appeal procedures
and clarifications to Ukiah City Code.
• Memorandum included in Attachment 7.
Staff Completes Analysis of July 5 Appeal Materials and Sixth Project Design Iteration July 13, 2023
• Staff analysis included in Attachment 8.
• Staff concludes the following:
o Staff agrees with Appellant that words within the 2040 General Plan like “encourage”, “should”,
and “promote” are not be interpreted as mandates for individual projects.
o Staff neither agrees or disagrees with Appellant’s statement that Planning Commission Findings
for Denial prescribe requirements in excess of those stated in the General Plan and Downtown
Zoning Code.
o Staff agrees with Appellant that Findings for Denial adopted by the Commission are based in
some cases on information that is conflicting with the recommended findings of the Planning
Division of the Community Development Department.
o Based on the information provided by the Applicant, Staff finds the 6thdesign iteration
consistent with all of the design and development standards within the DZC, apart from the
requested three (3) exceptions. See below for a summary of the three requested exceptions
and Staff's conclusions.
Exception #1: Exception to maximum rear setback.
• Staff conclusion: Because of side yard building setback requirements in the DZC and the parcel being
a square corner lot, the building would have to cover nearly the entire lot uniformly as a square building
to meet all the required setbacks. Even if the access easement, also part of the project site, was to be
relocated further south on the parcel, this setback requirement would not be achievable. As such, there
is no feasible alternative to meet this maximum rear setback and the Exception can be supported.
• See page 5 of Attachment 8 for additional detail.
Exception #2: Exception to the maximum side setback.
• Staff conclusion: In addition to the conclusion related to setbacks in point #1 above, modifications
proposed in the sixth design iteration would further enhance pedestrian improvements and connectivity
along Perkins St, which is an intention of the General Plan Downtown Core land use designation, the
DZC, and the findings required for exceptions. This Exception can be supported.
• See page 6 of Attachment 8 for additional detail.
Exception #3: Exception to the minimum height requirement.
• Staff conclusion: Rather than maximum height requirements like other sections of the City’s zoning
code, the DZC requires a minimum height, measured by the number of stories (two). At the time of
adoption of the DZC, the minimum height requirement was adopted by City Council with the
understanding that a pathway for flexibility through Exceptions would be available to applicants if
proposed buildings met the overall intent of the DZC.
Modifications within the sixth design iteration include increasing the building height from 12 ft to 25 ft
Page 94 of 232
Page 5 of 6
with a faux second story to pay homage to other historic buildings downtown and the intention of the
DZC. Although the building would not have two full stories, the design aesthetic meets the intent and
vision of the DZC. This Exception can be supported.
• See page 6 of Attachment 8 for additional detail.
Staff also supports the granting of the three requested Exceptions due to the Project site being located on a
corner lot, the parcel size and shape, preservation of the existing Oak trees, required existing access
easement, accommodating Project components related to pedestrian access, and because of the design
considerations related to Mitigation Measure CUL-2.
Discussion: Since original submittal of the application in December 2022, the project has been redesigned by
Redwood Credit Union a total of five times, resulting in the final rendering (sixth iteration) in Attachment 6. In
Staff’s opinion, the result of significant review and comments submitted by members of the community,
Historical Society of Mendocino County, the Design Review Board, Planning Commission, and City Staff has
resulted in a greatly improved overall project. For this reason, as well as analysis provided by Staff in
Attachment 7, Staff supports approval of the Major Site Development for the Project, as revised by
Applicant/Appellant on July 5, 2023.
Staff recommends that City Council conduct a public hearing to consider the appeal request; and overturn the
Planning Commission denial of the Project, approving the Major Site Development Permit, as revised on July
5, 2023; and find the Project consistent with the intent of Mitigation Measure CUL-2 related to Demolition
Permit No. 21-6155, allowing issuance of the Demolition Permit, based on the Findings for approval in
Attachment 9 and the Conditions of Approval in Attachment 10.
Alternatively, Council may uphold the Planning Commission's denial of the Project and disallow issuance of
the Demolition Permit. Council may also choose to direct additional modifications prior to making a decision. If
Council chooses to uphold denial of the Project, Council may adopt the Planning Commission's Findings for
denial or revise and/or adopt new findings as desired.
Recommended Action: Staff recommends City Council 1) conduct a public hearing to consider the appeal
request, in accordance with UCC Section 9266; and 2) overturn the Planning Commission denial of the
Project, approving the Major Site Development Permit, as revised on July 5, 2023; and 3) find the Project
consistent with the intent of Mitigation Measure CUL-2 related to Demolition Permit No. 21-6155, allowing
issuance of the Demolition Permit, based on the Findings included in Attachment 9 and the Conditions of
Approval included in Attachment 10.
Alternate actions are included for review in the Discussion section of the Staff Report.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: David Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 95 of 232
Page 6 of 6
Page 96 of 232
DRIVE UP ATM
GENERATOR
, CALIFORNIA
UKIAH -NEW BRANCH
CONCEPTUAL EXTERIOR
ELEVATIONS
101 SOUTH MAIN ST, UKIAH
DECEMBER 12, 2022
EAST ELEVATION
NORTH ELEVATION
WEST ELEVATION
SOUTH ELEVATION
0'4'8'16'24'
STAMPED METAL
SIDING TRIBUTE
GENERATOR
ATTACHMENT 1
1st EFTJHOTVCNJUUFEPO
Page 97 of 232
, CALIFORNIA
UKIAH -NEW BRANCH
MATERIAL BOARD 101 SOUTH MAIN ST, UKIAH
DECEMBER 12, 2022
CONCEPTUAL EXTERIOR VIEW
TRESPA SIDING, WOOD APPEARANCEFULL COVER METAL AWING WITH CANOPY
HANGERS AT ENTRANCES
STOREFRONT WINDOWS,
ANODIZED ALUMINUM
PLASTER FINISH, PAINTED
METAL PARAPET CAP, PAINTED
STAMPED METAL SIDING,
SOUTH SIDE OF BUILDING,
SEE CONCEPTUAL ELEVATIONS
TRIBUTE SIDING
STAMPED METAL
SIDING TRIBUTE
Page 98 of 232
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Page 99 of 232
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Page 100 of 232
'5,9(83$70
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67$03('0(7$/6,',1*75,%87(
67$03('0(7$/6,',1*75,%87(67$03('0(7$/6,',1*75,%87(
ATTACHMENT 2
3rd design iterationSFWJFXFECZUIF%FTJHO3FWJFX#PBSE 3/23/23
Page 101 of 232
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Page 102 of 232
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Page 103 of 232
Page 104 of 232
Page 105 of 232
Page 1 of 2
CITY OF UKIAH
DESIGN REVIEW BOARD MEETING MINUTES
Held in person and via Zoom teleconference
March 23, 2023
3:00 p.m.
1. CALL TO ORDER
The meeting was held in person and virtually via Zoom teleconference at the following link:
https://us06web.zoom.us/j/81821430811. Chair Tom Liden called the Design Review Board
meeting to order at 3:00 p.m.
Chair Tom Liden presiding.
2. ROLL CALL
Members Present: Meaux, Hawkes, Gordon and Chair Liden. Absent: None
Staff Present: Michelle Irace, Planning Manager; Craig Schlatter, Community
Development Director.
3. CORRESPONDENCE
All correspondence related to Item 6a has been distributed to the DRB and uploaded to the
agenda item prior to the meeting.
4. APPROVAL OF MINUTES
Approval of May 26, 2022 Special Meeting Minutes.
Motion/Second: Meaux/Hawkes: to approve the minutes of the May 26, 2022 Special
Meeting as submitted. Motion carried by the following roll call votes: AYES: Meaux, Hawkes,
Gordon, Liden. NOES: None. ABSENT: None ABSTAIN: None
5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
None.
6. NEW BUSINESS
6a. Review and Recommendation to the Planning Commission Regarding an
Application for a Major Site Development Permit for Construction of a Redwood
Credit Union Bank Facility at 101 S. Main St. APN 002-231-001; File No. 22-7977
Chair Liden stated that he is recusing himself from this item due to a conflict.
Planning Manager Michelle Irace presented the project.
CHAIR LIDEN OPENED THE ITEM FOR PUBLIC COMMENT AT 3:17 P.M.
Speakers: Doug Hilberman, Tony Hildesheim, Todd Andrus, Mike Cook, Alyssa
Ballard, Dennis Crean, Pinky Kushner.
CHAIR LIDEN CLOSED THE PUBLIC COMMENT AT 4:39 P.M.
CHAIR LIDEN REOPENED THE PUBLIC COMMENT AT 4:51 P.M.
Speakers: Doug Hilbernam
CHAIR LIDEN CLOSED THE PUBLIC COMMENT AT 4:51 P.M.
Page 106 of 232
Page 2 of 2
Motion/Second: Meaux/Gordon made a motion to recommend approval of the project to
the Planning Commission, with the following recommendations:
1. Study Perkins Street entrance for potential removal to allow for additional space to
re-orient and design the building.
2. Consider moving Ginkgos proposed along the south parking lot parcel line away from
the property line and adjacent building.
3. Add windows or openings up high on the west facing trespa wall to break up the west
façade with possible addition of a green or living wall.
4. Recess the glazing on the north face (Perkins St) 12 inches.
5. Consider contrasting colors to make the metal siding more prominent.
6. Consider wrapping glazing around the corner of Main and Perkins streets.
Motion carried by the following roll call votes: AYES: Meaux, Gordon. NOES: Hawkes
ABSENT: None. ABSTAIN: None; Liden recused himself.
Motion/Second: Meaux/Gordon made a motion finding that the project, as proposed,
meets the intent of Mitigation Measure CUL-2 associated with Demolition Permit No. 21-
6155 and Initial Study and Mitigated Negative Declaration No. 21-662 (State Clearinghouse
No.2022030389) intended to pay homage to the historic nature of the existing pressed metal
siding on the 101 S. Main Street building.
Motion carried by the following roll call votes: AYES: Meaux, Gordon, Hawkes. NOES: None.
ABSENT: None. ABSTAIN: None; Liden recused himself.
7. MATTERS FROM THE BOARD
Chair Liden would like to discuss the vacancy on the DRB and the possibility of electing a
new Chair.
8. MATTERS FROM STAFF
None.
9. ADJOURNMENT
There being no further business, the meeting adjourned at 5:14 p.m.
Page 107 of 232
DRIVE UP ATMGENERATOR FENCE
ENCLOSURE
, CALIFORNIA
UKIAH -NEW BRANCH
CONCEPTUAL EXTERIOR ELEVATIONS 101 SOUTH MAIN ST, UKIAH
APRIL 14, 2023
EAST ELEVATION
NORTH ELEVATION
WEST ELEVATION
SOUTH ELEVATION
0'4'8'16'24'
GENERATOR FENCE
ENCLOSURE
STAMPED METAL SIDING TRIBUTE
STAMPED METAL SIDING TRIBUTE
STAMPED METAL
SIDING TRIBUTE
STAMPED METAL
SIDING TRIBUTE
SIGNAGE NOTE:52' BUILDING FRONTAGE X 1.5 = 78 SQ FT ALLOWED
LOGO & LETTERS TOTAL SIZE = 55.36 SQ FT
SIGNAGE NOTE:102' BUILDING FRONTAGE X 1.5 = 153 SQ FT ALLOWED
LOGO & LETTERS TOTAL SIZE = 84.5 SQ FT
SIGNAGE NOTE:102' BUILDING FRONTAGE X 1.5 = 153 SQ FT ALLOWED
LOGO & LETTERS TOTAL SIZE = 84.5 SQ FT
ATTACHMENT 3
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Page 108 of 232
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Page 109 of 232
, CALIFORNIA
UKIAH -NEW BRANCH
CONCEPTUAL EXTERIOR VIEW 101 SOUTH MAIN ST, UKIAH
APRIL 14, 2023
VIEW FACING SOUTH - EAST
Page 110 of 232
REDWOOD CREDIT UNION
UKIAH BRANCH
APN 002-231-001
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CONCEPTUAL SITE PLAN 101 SOUTH MAIN ST, UKIAH
APRIL 14, 2023
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Page 111 of 232
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Page 112 of 232
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Page 114 of 232
Page 115 of 232
Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
1
FINDINGS FOR DENIAL OF A MAJOR SITE DEVELOPMENT PERMIT FOR
CONSTRUCTION OF A REDWOOD CREDIT UNION BANK FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
The Planning Commission’s denial of the Major Site Development Permit for construction of a
±4,331 sf Redwood Credit Union bank facility at 101 S. Main St. and the requested Exceptions
from the Downtown Zoning Code (File No. 22-7977) is based on the following Findings.
Site Development Permit Findings for Denial – Downtown Zoning Code
1.The Planning Commission finds that the proposed Project is not consistent with the
following City of Ukiah General Plan Policies:
Land Use Element
•Policy LU-2.1 Downtown Mixed-Use. The City shall encourage mixed-use
development to locate within the Downtown. Such developments include housing,
retail commercial, offices, open space, and other compatible uses. This development
pattern should create vibrant, walkable areas, rather than non-pedestrian friendly strip
retail developments along downtown corridors.
•Policy LU-2.2 Compatibility with Adjacent Uses. The City shall require new mixed-use
development to be compatible with adjacent land uses, particularly residential uses,
through site and architectural design techniques that establish transitions between
uses and minimize negative impacts.
•Policy LU-2.3 Mixed-Use Design. The City shall require new mixed-use development
to limit the number of access driveways, minimize building setbacks, and provide
public ground floor spaces adjacent to sidewalks.
•Policy LU-3.4 Downtown Pedestrian Improvements. The City shall work with public
agencies and private entities to create a safe, convenient, and pleasant pedestrian
environment that supports the continued revitalization of the Downtown area.
Improvements could include pedestrian-oriented amenities such as lighting, wider
sidewalks, clearly marked pedestrian crossings, benches, landscaping, signage,
sidewalk seating areas, and public art.
2.The Planning Commission finds the Project’s proposed density is not consistent with the
Downtown Zoning Code and General Plan.
3.The Planning Commission finds that the requested Exceptions to the Downtown Zoning
Code related to maximum parking, maximum setbacks and minimum height standards
cannot be granted for the following reasons:
a.The Project does not meet the vision and intent of the Downtown Zoning Code.
b.The Project would result in hazardous traffic and circulation issues.
Associated Findings for Denial
Prepared by Planning Staff based on Commission's May 10 hearing discussion
Page 116 of 232
PLANNING COMMISSION DRAFT FINDINGS FOR DENIAL OF A MAJOR SITE
DEVELOPMENT PERMIT FOR CONSTRUCTION OF A REDWOOD CREDIT UNION BANK
FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
The Planning Commission’s recommendation for denial of a Major Site Permit to allow the construction
of a ± 4,715 sf of a Redwood Credit Union bank facility with a drive-thru ATM at 101 S. Main St., as
described in the amended application materials and Staff Report dated June 13, 2023. This denial is
based on the following findings in accordance with the General Plan and Downtown Zoning Code.
Site Development Permit Findings – Downtown Zoning Code
The proposed project is not consistent with the City of Ukiah General Plan, Ukiah City Code,
and the Downtown Zoning Code.
Land Use Element
TABLE 2-1 GENERAL PLAN LAND USE DESIGNATIONS
DOWNTOWN CORE LAND USED DESIGNATION: This designation is intended to establish and
promote Downtown Ukiah as the central gathering place in the community for commercial,
entertainment, hospitality, and urban living. Development in the Downtown Core is meant to
establish a walkable, infill-oriented environment, focusing on multi-modal transportation and
overall connectivity to the remainder of the city. This designation allows for a combination of
higher-density residential, mixed-use, office, and commercial uses. Projects in this designation
are required to comply with the design standards and guidelines as specified in the Downtown
Zoning Code.
The Planning Commission finds the proposed project does not support this policy. The General
Plan Land Use Designation calls for “Mixed-use multi-family, commercial, retail, live/work,
office”. This is a single use project. This excerpt from TABLE 2-1 from the General Plan Land Use
Designations was used to support recommendation of staff, but it did not include the last
qualifying sentence: "Projects in this designation are required to comply with the design
standards and guidelines as specified in the Downtown Zoning Code.” The Planning
Commission finds that in fact the proposed project does not comply with the design standards
as specified in DZC thereby negating any finding in favor of the proposed site development.
Table 2-1: General Plan Land Use Designations: This designation allows for a combination of
higher-density residential, mixed-use, office, and commercial uses. Projects in this designation
are required to comply with the design standards and guidelines as specified in the Downtown
Zoning Code.
The maximum FAR for the Downtown Core is 2.5. The Planning Commission finds the Project’s
proposed density is not consistent with the General Plan’s Downtown Core Land Use
Designation. The proposed building is 4,331 sq. ft. on a 20,852 sq. ft. lot, giving it a FAR of only
Prepared by Commissioner A. De Grassi
Page 117 of 232
.207 which is only 8.3% of the allowable FAR with the addition of the proposed expansion
(06/13/23), the proposed building would be $4,715 making a FAR of 0.226 of 9% of the
allowable FAR) This low-density use of the land in the Downtown Core does not come
anywhere near supporting the intention of the General Plan Downtown Core Land Use
Designation which states: or the Downtown Zoning Code.
•LU-1.3: Neighborhood Infill: Because this land use designation also allows for and
encourages mixed use--including housing with minimum density of 28 du/ac and a
maximum density of 40 du/ac--the proposed RCU development does not support the
mixed-use designation nor the housing element’s mandate to develop infill in the
downtown core stated in and LU-1.4 of the General Plan.
•Policy LU-2.1: Downtown Mixed-Use: The City shall encourage mixed-use development
to locate within the Downtown. Such developments include housing, retail commercial,
offices, open space, and other compatible uses. This development pattern should create
vibrant, walkable areas, rather than non-pedestrian friendly strip retail developments
along downtown corridors.
The Planning Commission finds the project submitted for the new RCU development can
best be described as single use and “strip-commercial” and therefore does not comport
with the General Plan policy LU-2.1.
•Policy LU-2.2: Compatibility with Adjacent Uses. The City shall require new mixed-use
development to be compatible with adjacent land uses, particularly residential uses,
through site and architectural design techniques that establish transitions between uses
and minimize negative impacts.
The Planning Commission finds the proposed project does not support this policy
because it is single use and not mixed use as called for in LU-2.1. Any attempt to
compare the project with existing buildings must consider that the new DZC would not
allow the types of single-story buildings that currently exist east of Main St.
Comparisons should be made with existing multi-story buildings in the Downtown Core
that accord with the current General Plan Land Use Designation and Downtown Zoning
Code. Furthermore, the architectural style of the proposed project represents a more
generic and suburban design that would typically be found in suburban locations—not
in the downtown core of a city.
•Policy LU-2.3: Mixed-Use Design. The City shall require new mixed-use development to
limit the number of access driveways, minimize building setbacks, and provide public
ground floor spaces adjacent to sidewalks.
The Planning Commission finds the proposed project does not support this policy. This
project proposes 2 driveways—one on Perkins Street designated for drive-through
services, and the second one for access to a parking lot from Main Street. Additionally,
it provides an easement for a third access via the property directly to the east on Perkins
Street. This does not accord with LU-2.3 policy. The use of the word “shall” in the
above policy means that new projects must limit the number of access driveways to
Page 118 of 232
avoid the consequence of increased traffic congestion and potentially hazardous traffic
and pedestrian conditions. Furthermore, the project has requested major exceptions to
setbacks which do not come close to those proposed in the DZC.
•Policy LU-1.4: High-Density Residential Uses: The City shall encourage new high-density
residential development to locate in areas close to services and transit.
The Planning Commission finds the proposed project does not support this policy. The
proposed project is very low density and does not include any residential development in
an area where such use is encouraged by the General Plan.
•Policy LU-3.3: Downtown Arts Entertainment: The City shall encourage private-sector
investment in Downtown to transform it into a safe, vibrant, and prosperous arts and
entertainment district that offers enhanced shopping, dining, recreational, and cultural
experiences and events for residents, families, and visitors. (Source: New Policy)
The proposed project does not satisfy any of components of the Downtown Arts
Entertainment Land Use Policy for the Downtown Core and the single use Credit Union
will not be open in the evenings. While the applicant has offered to let the public use the
proposed project’s parking spaces in the evening, there already exists adequate
nighttime parking downtown and by locating a daytime only facility in this location
removes any future opportunity to create such a facility.
•Policy LU-10.1 Downtown Zoning Code: The City shall update the Downtown Zoning
Code to assure consistency with the General Plan goals, policies, and land use
designations. (Source: New Policy). The Planning Commission finds that the proposed
project would require a change in the General Plan to allow this exception.
Mobility Element
•Policy LU-3.4: Downtown Pedestrian Improvements. The City shall work with public
agencies and private entities to create a safe, convenient, and pleasant pedestrian
environment that supports the continued revitalization of the Downtown area.
Improvements could include pedestrian-oriented amenities such as lighting, wider
sidewalks, clearly marked pedestrian crossings, benches, landscaping, signage, sidewalk
seating areas, and public art.
The Planning Commission finds the proposed project does not support this policy. There
was no traffic study conducted to determine the impact this project will have so there is
no factual basis for supporting this policy. With two driveways and especially with a
drive-thru access from Perkins Street, this project will very likely disrupt pedestrian
traffic along the Perkins and Main Street corridors, and therefore it does not accord with
policy LU-3.4 to “create a safe, convenient, and pleasant pedestrian environment.”
The drive thru banking services access from Perkins Street would be located only
approximately 120 feet from the major 4 way stop-sign intersection of Perkins and
Main. No traffic study was prepared for this permit application, but it seems highly
likely there will be significant impact to traffic congestion and safety. Regardless of the
Page 119 of 232
by-right designation for a drive-thru on Perkins Street, the proximity to the intersection
with many, perhaps a majority of customers using the drive-thru will be attempting to
make a left turn across traffic within ± 120 ft of the intersection, creating congestion,
potentially hazardous traffic conditions, and discouraging pedestrians from using the
sidewalk.
GOAL MOB-2: “To reduce vehicle miles traveled (VMT) to and from residences, jobs and
commercial uses in Ukiah.
•Policy MOB 2: The City shall support development and transportation improvements
that help reduce VMT below regional averages on a “residential per capita” and “per
employee” basis. The Planning Commission finds that there is no date to support that this
project will reduce VMT. No traffic study or other data has been provided to indicate
that the project will result in any reduction in vehicle miles traveled. Since the project
entails the applicant simply relocating its business a few blocks from its current location,
it is reasonable to assume that VMT will not appreciably change.
Policy-2.2: Transportation demand management: “The City shall support programs to
reduce vehicle trips, including measures such as reduced parking requirements that aim to
increase transit use, car-pooling, bicycling, and walking.” (p. 4-20)
The Planning Commission finds that there is no evidence that the project will support
programs to reduce vehicle trips. The applicant has requested an exception for parking
spaces that exceed the maximum allowed by the DZC. Thus, allowing this exception would
result in increased, and not reduced, parking.
The Planning Commission finds the proposed project does not meet the requirements of
the following Downtown Zoning Code.
•9220. Purpose: The purpose of the downtown zoning code is
A. To create an urban environment that implements and fulfills the goals, objectives and
strategies of the Ukiah General Plan by encouraging the development of a healthy, safe,
diverse, compact and walkable community.
B. To implement the vision for the study area created by the community during an
intense and open community design charette process in 2007. The Planning Commission
finds that the proposed project does not support either of the above purposes.
•9225.3 Building Types Table 6:
1.The Planning Commission finds that the side and rear setbacks for this project do not
meet the standards of O ft. for the side and 6 ft for the rear. With the addition of the
canopy proposed, the side setback is met, however, that addition is setback ± 20’ or
more from Perkins Street, has a lower roofline, and it does not present a façade to
Perkins St.
2. The project does not meet the minimum 2-story minimum height requirement.
Page 120 of 232
•§9231.3 SITE DEVELOPMENT PERMITS, C. Findings: The review authority may approve a
site development permit application only after first finding the proposed project is
consistent with the City of Ukiah General Plan, Ukiah City Code, and this code (DZC). The
Planning Commission finds that the proposed project is not consistent with either the
General Plan or the Downtown Zoning Code.
Page 121 of 232
Discussion Item- Commissioner Michelle Johnson
Findings for Denial – General Plan
1.The project as proposed limiting the project site to one use is not consistent with the following
General Plan Vision and Guiding Principles:
•Community Vitality Guide land uses and development that meet the needs of the
community, are environmentally conscious, and maintain Ukiah as a diverse, family-
oriented, and friendly community, where people from all racial, ethnic, and cultural
backgrounds thrive socially, economically, academically, and physically.
•Neighborhood Identity Ensure development in all neighborhoods is compatible with the
unique characteristics and land use patterns and fosters a sense of place.
•Economic Development Promote a diverse, local, business-friendly economy that fosters
new job growth and is adaptable to changes in consumer habits and market trends.
•Mobility Maintain and advance a well interconnected circulation network that
accommodates and encourages alternative modes of transportation that reduce
congestion and encourage walkable and bikeable neighborhoods.
•Environmental Care Manage, conserve, and preserve the existing natural environment to
ensure sustainable longevity for present and future generations.
•Inclusivity Foster an inclusive community through conditions that allow for and stimulate
a diversity of housing options for community members of all ages, incomes, and
ethnicities.
The proposed project site has been identified in the recently approved General Plan 2040, the
City of Ukiah Municipal Code Division 9 Planning and Development, Article 18 Downtown Zoning
Code, Ukiah Airport Land Use Compatibility Plan (adopted May 20, 2021), and other Community
Plans to support medium to higher density residential and commercial uses. The project as
proposed as a single use limits a combination of employment and residential opportunities that
would both provide jobs and housing for the City’s residents.
The proposed building design does not improve and enhance the appearance and vibrancy of
the Downtown. New construction in and of itself does not necessarily result in an improved
appearance, and the design of the proposed building can reasonably be considered to detract
from the character of the historic Downtown due to its style. The site development, consisting
largely of paved driveways and parking, will also detract from the dense urban character
envisioned for this site by the General Plan. The auto-oriented use proposed for the site will
detract from the vibrancy of the Downtown as a walkable environment.
2.The proposed project as a single-use commercial bank in a new single-story approximately 4,333
sq. ft building, drive up ATM, and parking lot with 19 vehicle spaces is not consistent with the
General Plan Land Use purpose and application including Polices LU-2.1, LU-2.2, LU-2.4, LU-2.5,
LU-3.1, LU-3.4, LU-3.5. The East Perkins Street and State Street central core locations are part of
the Downtown Zoning District. This designation is intended to establish and promote Downtown
Ukiah as the central gathering place in the community for commercial, entertainment,
hospitality, and urban living. Some of the intended Uses include a combination of multi-family
dwellings, mixed-use multi-family, commercial, retail, live/work, office, Entertainment venues,
etc.
Prepared by Commissioner M. Johnson
Page 122 of 232
Discussion Item – Commissioner Michelle Johnson
Development in the Downtown Core is meant to establish a walkable, infill-oriented
environment, focusing on multi-modal transportation and overall connectivity to the remainder
of the city. The proposed project is car centric designed with a large parking lot and drive-up
ATM. A Drive-up ATM does not encourage walkability, it encourages people to drive and not get
out of their cars instead incentivize patrons to explore the downtown and support adjacent
venues, businesses, restaurants, etc.
The project as proposed has not provided a traffic study not demonstrated how it will advance a
well interconnected circulation network that accommodates and encourages alternative modes
of transportation that reduce congestion and encourages walkable and bikeable neighborhoods
or include amenities that connect and create a comfortable environment for walking, sitting, and
socializing.
3.The proposed project is not consistent with the General Plan Land Use designation of Downtown
Core including but limited to because this designation allows for a combination of higher-density
residential, mixed-use, office, and commercial uses. The proposed project site is a 22,000 sq. ft
lot currently developed with two commercial uses that were operational up until recently. The
proposed project is a single-use and includes no residential or other mixed-use development.
The project is low-density, with a floor area ratio (FAR) of approximately 0.22 (4,331 sf/20,000 sf
lot), which is less than 10% of the allowed density of 2.5 which is not within the intended density
range identified for the site.
Findings for Denial – Zoning Code
The proposed project to construct a low-density single-story building for commercial use in the Urban
Center is not consistent with the General Plan because it is inconsistent with the following in the
Downtown Zoning Code:
The following minor/major exceptions needed for approval to construct a low-density single-story
building for commercial use at 101 S. Main Street cannot be supported for the following reasons:
1.The Project does not meet the vision and intent of the Downtown Zoning Code.
Height – the minimum height requirement of two stories is intended to encourage medium-
high density residential & commercial uses in the Urban Core. This promotes mixed use
building that can provide both residential and business opportunities in one location. This
kind of development supports sustainability, walkability, small businesses, affordable
housing, etc. The vision for medium-high density residential & commercial uses downtown is
consistent within the General Plan 2040, Airport Plan, and other Community Plan.
2.The Project would result in hazardous traffic and circulation issues.
•The drive-up ATM supports auto-oriented development. Auto-oriented development is
inconsistent with the vision and intent of the Downtown Zoning Code including walkable
streets, economic vitality and pedestrian friendly neighborhoods.
Page 123 of 232
Discussion Item – Commissioner Michelle Johnson
•The traffic impacts of a new commercial business and a drive-up ATM at a highly
trafficked four-way intersection has not been evaluated. A traffic study should be
provided by the applicant.
Page 124 of 232
ATTACHMENT 5
Page 125 of 232
ATTACHMENT 6
Page 126 of 232
Page 127 of 232
REDWOOD CREDIT UNION
UKIAH BRANCH
APN 002-231-001
4,715 SQ FT
FINISHED FLOOR 628.48
EAST PERKINS STREET
MA
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FROM MAIN STREET
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BIORETENTION,
SEE CIVIL
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TO REMAIN
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PROPOSED ART ALONG
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, CALIFORNIA
RCU UKIAH BRANCH
CONCEPTUAL SITE PLAN 101 SOUTH MAIN ST, UKIAH JULY 05, 2023
NO
R
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0'10'25'50'
Page 128 of 232
, CALIFORNIA
RCU UKIAH BRANCH
MATERIAL BOARD 101 SOUTH MAIN ST, UKIAH JULY 05, 2023
CONCEPTUAL EXTERIOR VIEW
FULL COVER METAL AWING WITH
CANOPY HANGERS AT ENTRANCES
COLOR C
STOREFRONT WINDOWS,
ANODIZED ALUMINUM
PLASTER FINISH, PAINTED
COLOR A
METAL PARAPET CAP,
PAINTED COLOR C
STAMPED METAL SIDING,
SEE CONCEPTUAL ELEVATIONS
COLOR B
NOTE: TREES REMOVED FOR VISUAL ACCESS TO THE BUILDING FINISHES.
COLOR A
KELLY MOORE - TRANQUIL TAUPE
COLOR B
KELLY MOORE - BAT WING
COLOR C
LEAF GREEN
NOT TO SCALE
Page 129 of 232
Law Offices Of
RAPPORT AND MARSTON
An Association of Sole Practitioners
405 W. Perkins Street
Ukiah, California 95482
e-mail: dvaughn@cityofukiah.com
David J. Rapport (707) 462-6846
Darcy Vaughn FAX 462-4235
M E M O R A N D U M
TO: Mari Rodin, Mayor, and the members of the Ukiah City Council
FROM: David J. Rapport, City Attorney
DATE: July 11, 2023
SUBJECT: Appeal to City Council of Planning Commission decision
__________________________________________________________________
I have been asked to explain: (1) The procedures required for conducting the
hearing on the appeal by the Redwood Credit Union from the Planning
Commission decision denying the Redwood Credit Union’s application for a Site
Development Permit; and (2) the standards for granting “exceptions” to zoning
requirements in the Downtown Zoning Code (“DZC”) as authorized by the City’s
zoning ordinance.
1. Hearing procedure:
a.Due process requirements. A hearing on an application for a
discretionary land use permit or on an appeal from the Planning Commission
decision granting or denying the permit is a quasi-judicial administrative hearing
that must comply with the due process clause in the 14th Amendment to the U.S.
Constitution.
Due process includes the right to a hearing before an impartial decision-maker, a
decision based on the information presented during the hearing and findings based
exclusively on substantial evidence presented during the hearing or which are
ATTACHMENT 7
Page 130 of 232
To: Ukiah City Council Page 2
Subject: Hearing Procedure and Explanation of Exceptions
Date: July 11, 2023
contained in the planning file for the project. (See Cal. Code of Civil Procedure
Section 1094.5 which details the court’s review of quasi-judicial administrative
decisions.)1
To satisfy the requirement of impartiality each councilmember should endeavor to
keep an open mind and not make a decision, until after the appellant and those
opposing the appeal have presented facts and arguments during the hearing.
In Petrovich Development Co., LLC v. City of Sacramento (2020) 48 Cal. App. 5th
963, the court of appeal set aside a City Council decision overturning the planning
commission decision, because there were concrete facts in the record showing an
unacceptable probability of actual bias of one councilmember who took affirmative
steps to assist opponents of the permit and organized the opposition at the hearing,
acting as an advocate. The decision would not prevent councilmembers from
speaking with the appellant or opponents of the project prior to the hearing, but a
councilmember should not make statements prior to the hearing suggesting that
they have made a decision prior to the hearing.
b. Procedure for conducting the hearing. Under City Council Meeting
Procedures, the Mayor is responsible for conducting the hearing to promote an
orderly presentation of the evidence by the parties. The applicant and those
supporting the application present their evidence and argument first. After those
opposed to the project present their evidence and argument, the applicant should
be allowed additional time for rebuttal. If the applicant presents new arguments or
evidence during rebuttal, the opponents should be allowed some additional time to
rebut the new evidence or argument.
1 “The inquiry in such a case shall extend to the questions whether the respondent
has proceeded without, or in excess of, jurisdiction; whether there was a fair trial;
and whether there was any prejudicial abuse of discretion. Abuse of discretion is
established if the respondent has not proceeded in the manner required by law, the
order or decision is not supported by the findings, or the findings are not supported
by the evidence.”
Page 131 of 232
To: Ukiah City Council Page 3
Subject: Hearing Procedure and Explanation of Exceptions
Date: July 11, 2023
The Mayor can impose time limitations on all those wishing to present evidence or
argument and may prevent the presentation of irrelevant, repetitive or cumulative
testimony or argument, while preserving the right to a fair hearing. (City Council
Meeting Procedure, §§ IV and VI, pp. 10-11, attached as Attachment 1.)
Upon closing the public hearing portion of the meeting, the City Council can
deliberate and decide the appeal by a motion and voice vote. The Council must
adopt findings to support its decision. If the City Council upholds the Planning
Commission decision, it could adopt or modify the Commission’s findings before
adopting them as the City Council’s findings. If it were to modify or reverse the
Planning Commission decision, the Council would need to adopt its own findings
in support of its decision. In that event, it would have the option to direct staff to
prepare findings in support of the City Council’s decision which the Council could
consider for adoption as presented or as revised by the City Council during its next
meeting.
2. Exceptions to the Requirements for Projects in the Downtown Zoning Code
Districts.
“Exceptions” to the requirements in the DZC are expressly allowed. These are not
“variances” as defined in Ukiah City Code Section 9277 and in Government Code
Section 65906. Under the Government Code variances from the terms of a zoning
ordinance shall be granted only when, because of special circumstances applicable
to the property, including size, shape, topography, location or surroundings, the
strict application of the zoning ordinance deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
a. Findings required for a variance.
Under Ukiah City Code 9264.D, the Zoning Administrator or the Planning
Commission may grant variances from the applicable provisions of the zoning
ordinance based on evidence submitted at a hearing on an application for a
variance: To qualify for the variance the applicant must show that:
a. Because of special circumstances applicable to the property, including size,
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To: Ukiah City Council Page 4
Subject: Hearing Procedure and Explanation of Exceptions
Date: July 11, 2023
shape, topography, location, or surroundings, the strict application of the zoning
ordinance requirements deprives such property of privileges enjoyed by other
property in the vicinity and subject to identical zoning regulations.
b. The issuance of the variance would not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and subject to
identical zoning regulations.
c. The grant of the variance would not be detrimental to surrounding property
owners.
b. Exceptions, not variances, allowed in the Downtown Zoning District.
Under UCC §9231.5 variances are prohibited in the downtown zoning districts.
That section states: “Variances are prohibited within the boundaries of this [DZC].
Deviations from the requirements of this code are allowed through an exception as
provided for in section 9231.5 of this code.”
c. Requirements for granting a request for Major Exception.
Under Section 9231.5: “Where this code allows specific requirements to be
modified, such modification may be allowed with approval of an exception. Table
29: Exception Procedures, establishes two (2) levels of exceptions, major and
minor, and the procedures for the review and processing of exceptions.”
The exceptions sought by applicant Redwood Credit Union (“RCU”), include three
(3) major exceptions: (1) allowing a greater side yard setback and (2) a greater rear
yard set back than prescribed and (3) allowing the construction of a one story
rather than the prescribed two-story building. According to Table 29 in the DZC,
the following findings must be addressed.
(i) Major exceptions
The request for allowing a one-story building, and larger side and rear setbacks
than prescribed constitutes major exceptions within the DZC and can be granted
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To: Ukiah City Council Page 5
Subject: Hearing Procedure and Explanation of Exceptions
Date: July 11, 2023
based on the following findings:
1. The request is consistent with the intent of the DZC and the Ukiah
General Plan;
2. The project is compatible with the neighborhood and design intent of this
DZC;
3. The project provides appropriate connections, transitions, and
relationships between buildings and the street, adjacent properties and one
another;
4. The project provides adequate and appropriate pedestrian facilities and
connections;
5. The project would not impair the desirability of investment, employment,
or residence in the neighborhood;
6. The project is not detrimental to the public’s health, safety and general
welfare;
7. Special circumstances or conditions apply to the site, building,
improvement or use, such as the preservation of natural resources (creek,
tree preservation), providing enhanced pedestrian facilities or enhanced
outdoor areas (outdoor seating, enhanced landscaped areas). (UCC, Table
29: “Findings for Grant of Permit.”)
(ii) Finding consistency with intent of DZC and General Plan
The first listed finding refers to the “intent” of the DZC and the General Plan. This
finding does not refer to every detailed provision of the DZC or every policy and
provision of the General Plan. Even when the City Council must decide more
generally whether a project is consistent with the City’s general plan as opposed to
the more limited finding of “intent" under the first listed finding above, case law
has adopted a “deferential” standard of court review.
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To: Ukiah City Council Page 6
Subject: Hearing Procedure and Explanation of Exceptions
Date: July 11, 2023
As stated by the court in Sierra Club v. County of Napa (2004) 121 Cal.App.4th
1490, 1509-1510:
In reviewing an agency's decision for consistency with its own plan, “we
accord great deference to the agency's determination. This is because the
body which adopted the general plan policies in its legislative capacity has
unique competence to interpret those polices when applying them in its
adjudicatory capacity. [Citation.] Because policies in a general plan reflect
a range of competing interests, the governmental agency must be allowed to
weigh and balance the plan's policies when applying them, and it has broad
discretion to construe its policies in light of the plan's purposes.
A project is consistent with a general plan if, considering all its aspects, it will
further the objectives and policies of the general plan and not obstruct their
attainment. A given project need not be in perfect conformity with each and every
general plan policy. To be consistent, a project must be ‘compatible with’ the
objectives, policies, general land uses and programs specified in the general plan.
(Families Unafraid to Uphold Rural Etc. County v. Board of Supervisors (1998) 62
Cal.App.4th 1332, 1336.)
Page 135 of 232
Staff Analysis of Appeal Materials and 6th Design Iteration
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
1
DATE:
TO:
FROM:
July 13, 2023
City Council
Michelle Irace, Planning Manager; Craig Schlatter, Community Development
Director
SUBJECT: Staff Analysis of Appeal Materials submitted June 26, 2023 and Sixth Project Design
Iteration Submitted by the Applicant on July 5, 2023 for the Redwood Credit Union Major Site
Development Permit; File No. 22-7977.
A. Appeal Materials Submitted June 26, 2023
In their June 23, 2023, letter, received by City Staff on June 26, 2023, Axia Architects as
representative for applicant Redwood Credit Union states a basis, “in part,” for their appeal, as
the following:
The Findings for Denial made by the Planning Commission are based in most cases on
broad language from the General Plan. Words like “encourage”, “should”, and “promote”
for downtown visioning have been interpreted as mandates for this individual site.
The Findings for Denial Prescribe requirements on the project in excess of those stated
in the General Plan and Downtown Zoning Code.
The Findings for Denial are based in some cases on information that is conflicting with
the findings of the Community Development Department.
Staff Analysis related to Appeal submitted June 26, 2023
1. Staff agrees with Appellant that words within the 2040 General Plan like “encourage”,
“should”, and “promote” are not be interpreted as mandates for individual projects.
The 2040 General Plan provides a vision for what Ukiah hopes to become within the next 20
years. “To achieve the vision, a General Plan includes goals, policies, and implementation
programs that address both immediate and long-term needs.” (2040 General Plan, Introduction).
Until implementation programs are completed and amendments to zoning code and sections of
Ukiah City Code are adopted by the City Council, the 2040 General Plan remains a visionary
document and does not prescribe mandates for individual projects.
ATTACHMENT 8
Page 136 of 232
Staff Analysis of Appeal Materials and 6th Design Iteration
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
2
2. Staff neither agrees or disagrees with Appellant’s statement that Planning Commission
Findings for Denial prescribe requirements in excess of those stated in the General
Plan and Downtown Zoning Code.
Although Findings for Denial adopted by Commissioners indicated a perceived inconsistency
between the Project and individual policies/goals the 2040 General Plan, it is the entirety of the
General Plan and associated Environmental Impact Report (EIR) for which the Project must
achieve consistency, not every single individual policy, goal, and implementation program. Zoning
code consistency analysis was completed prior to adoption of the 2040 General Plan, and the
zoning code, including the Downtown Zoning Code, was deemed consistent prior to adoption.
While a city’s or county’s land use decisions must be consistent with the goals and policies in its
general plan, the courts have consistently held that a finding of general plan consistency
requires only that a project be “compatible with,” the general plan, State law does not require
precise conformity of a proposed project with the land use designation for a particular site or an
exact match between the project and the general plan. Instead, development projects must
simply be in agreement or in harmony with the terms of the general plan.
As described throughout the Planning Commission staff reports (May 10, 2023 and June 14,
2023), as well as the and the draft Findings for approval contained within Attachment 9 of the
July 19 City Council Agenda Summary Report, the Project is consistent with the General Plan.
The Project also supports several goals and policies contained within the Economic
Development (Goals ED-6 and ED-7), Mobility (Policies MOB-1.2, 1.8, and 2.3), and Land Use
(Goal LU-2, and Policies LU-3.2, 4.2 and 8.4) elements of the General Plan. See Attachment 9
for more information.
3. Staff agrees with Appellant that Findings for Denial adopted by the Commission are
based in some cases on information that is conflicting with the recommended findings
of the Planning Division of the Community Development Department.
As further clarified below, the General Plan and the Downtown Zoning Code do not require
individual projects to be developed to minimum density standards, nor do they require each project
to be mixed use.
a. The General Plan does not require each individual project to be mixed use.
While the General Plan allows for, and in some instances encourages mixed use, it does
not require every project to be mixed use. Specifically, Land Use Element Table 2-1,
General Plan Land Use Designations, lists a variety of single intensity uses, including
multiple-family dwellings, entertainment venues, hotels and lodging establishments, large
and small format retail sales, personal service/repair, medical, and office uses,
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Staff Analysis of Appeal Materials and 6th Design Iteration
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
3
administrative and professional offices, central gathering spaces, plazas and paseos, as
typical uses within the DC land use designation. This means that any one of the listed uses,
as well as other similar uses, are expected to locate within the Downtown Core (DC) general
plan land use designation.
b. The Downtown Zoning Code does not require every project to be mixed use.
Single intensity uses are supported by DZC Table 3 (Allowed Uses and Permit
Requirements) which identifies a variety of single intensity uses, including but not limited to,
a variety of professional office, large and small format commercial, recreation and
institutional, residential uses, service and manufacturing uses of varying intensities. The DZC
notes that live/work units and mixed uses are allowed (or permitted) but does not require
every project to be mixed use.
Specific to the Project, offices and financial services with a drive-thru are identified as single
“allowed uses” within the Urban Core (UC) zoning district in Table 3. As such, the proposed
single intensity use is allowed at the Project site. As noted in Table 3 of the DZC, financial
services and offices are listed as an allowed use with the UC zoning district, and drive-thru
banks are allowed as an accessory use. As such, a Use Permit is not required.
c. The General Plan does not specify or require a minimum density for nonresidential
development.
The General Plan specifies planned minimum residential densities within most land use
designations. To achieve a minimum density requirement for individual projects will take
an amendment to the City’s zoning ordinance, which has not yet been completed.
Minimum density for commercial development is not specified, or required by the General
Plan. Page 2-4 of the General Plan Land Use Element states, “The intensity of non-
residential development, which can be regulated by total building size and lot coverage, is
measured by Floor Area Ratio (FAR). FAR means the gross floor area of a building or
buildings on a parcel divided by the area of the parcel…The maximum FAR standard limits
the overall size of development on a parcel.” As an example, a maximum FAR of 0.75
would allow 75,000 square feet of building floor area on a 100,000-square foot lot.”. Land
Use Element Table 2-1 notes the maximum FAR for the DC land use designation as 2.5
(allowing a 52,130 sf maximum building on the 20.852 sf Project site) and does not include
a required minimum.
d. The Downtown Zoning Code does not require a minimum density for nonresidential
development.
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Staff Analysis of Appeal Materials and 6th Design Iteration
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
4
Density is noted in Table 3 of the DZC but does not directly specify density for
nonresidential development. Development intensity for nonresidential uses is specified by
lot coverage standards within the DZC (as conveyed in Table 4, Site Development
Standards). The DZC also references the General Plan (1995) and airport compatibility
requirements for density/intensity. As described within the aforementioned Planning
Commission staff reports, the Project is consistent with applicable development intensities.
B. Modifications and Sixth Design Iteration Submitted July 5, 2023
On July 5, 2023, the Applicant/Appellant submitted additional Project modifications and a Sixth
Design Iteration, which included the following:
Removal of the ATM drive-thru and associated canopy.
Expansion of proposed parklets with additional landscaping and benches on the
southwest and northeast corners of the property.
Modification of the Perkins Street encroachment to a one-way ‘Exit Only‘ connection onto
Perkins Street.
Inclusion of new architectural features, such as a faux 25-foot second story with windows
(for the ATM lobby), arches, columns, and redesigned entry for consistency
with existing historic downtown buildings.
Incorporation of ±450 sf of new metal siding at the primary entrances, within the ATM
lobby and entries, and extended on the Perkins Street façades (in areas that were
previously Trespa siding).
Expansion of the existing sidewalks to widths of 11 ft.
Staff Analysis related to July 5, 2023 Project Modifications and Sixth Design Iteration
This analysis incorporates analysis of the Project modifications submitted on July 5, 2023.
Information and analysis contained within the March 23, 2023 Design Review Board staff report,
as well as the May 10, 2023 and June 14, 2023 Planning Commission staff reports and associated
documents are included herein by reference. This analysis is also supported by information
included in the draft Findings for approval in Attachment 9 of the July 19 City Council Agenda
Summary Report.
The modifications to the Project (sixth design iteration) submitted by the Applicant on July 5, 2023,
are intended to address concerns raised by the Planning Commission and also include
architectural changes.
1. Based on the information provided by the Applicant, Staff finds the 6th design iteration
consistent with all of the design and development standards within the DZC, apart from
the requested three (3) exceptions.
Page 139 of 232
None of the modifications necessitate further additional analysis, as they provide
improvements to the previous designs and further support the intent of the General Plan and
the DZC. Specifically, the 6th design iteration further enhances a gateway corridor, pedestrian
access and green spaces, circulation and access, and provides visual consistency with
historic buildings in the downtown.
2.Staff supports the granting of the required three Exceptions for the reasons listed in
the analysis below.
Exception #1: Request for an exception to the maximum rear setback. The Project proposes a
±75 ft. rear buildings setback (south), but the maximum rear setback noted in the DZC is 6 ±ft.
Staff Analysis: Rather than requiring minimum setbacks, the DZC includes both minimum and
maximum setbacks. This requirement was adopted to promote and allow for higher density and
buildout within the DZC. The applicant notes the access easement, functional parking and tree
preservation as reasons for requesting the rear (south) setback exception. Staff notes that Major
Site Development Permit No. 97-42 requires a 24-foot access easement (existing) through the
Project site to the adjacent (east) property for emergency services access on the adjacent
parcel. The easement is required because the adjacent parcel only has a ‘horseshoe’ design
with two (2) one-way driveways. The easement provides access from Main Street to the
adjacent parcel and does not allow for the placement of permanent structures. Staff also notes
the DZC defines a “side yard” building as, “A building that occupies one side of the lot with a
setback to the other side”, but also notes that the required setbacks (DZC Table 6) apply to both
“fronts” for corner lots. These two requirements can be conflicting and challenging to meet
depending on the parcel size and other DZC development standards.
The DZC requires side yard buildings to be on the Perkins and Main frontage lines with a 0 ft.
setback, but requires a rear maximum setback of 6 ft. Because the parcel is a square corner lot
and it is larger in size (±0.48 ac; or 20,852 sf.), in order for a project to successfully meet all of
the required setbacks in this scenario, the building would have to essentially cover the entire lot
uniformly as a square building. In this scenario, only six feet on the south portion of the parcel
would be available for access, parking and landscaping, which would conflict with fire and
Building code regulations related to access, as well as other aforementioned DZC requirements.
Specifically, as noted above, the 24-foot access easement for the adjacent parcel requires a
minimum setback of 24 feet. Even if the easement were to be relocated further south on the
parcel, any development on the site would require an exception to the maximum six foot
setback, as no permanent structures may be constructed within it.
As such, this exception can be supported.
Staff Analysis of Appeal Materials and 6th Design Iteration
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
5
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Staff Analysis of Appeal Materials and 6th Design Iteration
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
6
Exception #2: Request for an exception to the maximum side setback. The Project proposes a
±45 ft side building setback, but the DZC requires a maximum side setback of ±10 ft.
Staff Analysis: The changes submitted by the Applicant on July 5, 2023, include removal of the
ATM and canopy that were previously proposed on the east side of the building, and replacing it
with a parklet containing trees, landscaping, a pedestrian pathway and benches. Additionally,
the proposed generator and trash enclosure would be sited within the side setback (6ft. from
property line). Although the noted improvements and Project components would be within the
side setback area, an exception is still required because the maximum setback requirement is
specified for the “primary building” in the DZC. As noted above in the discussion for the
maximum rear setback exception, Staff also notes the challenges with meeting all the setback
requirements due to the corner-parcels shape and size. The Applicant also notes functional
access (Perkins St. driveway is required to be 12 ft.) and enhanced pedestrian improvements,
including the parklet as a reason for requesting the exception.
Because the modifications would further enhance the pedestrian improvements and connectivity
along Perkins St., which is an intention of the General Plan Downtown Core land use
designation, the DZC, and the findings required for exceptions, this exception can be supported.
Exception #3: Request for an exception to the minimum height requirement. The Project
proposes a one-story 25-foot high building with a faux second story, but the DZC requires a
minimum of two stories.
Staff Analysis: Rather than requiring maximum height requirements like in other sections of the
City’s zoning code, the DZC requires a minimum height. The intent behind the two-story
requirement was to increase densities where appropriate and to extend the predominantly two-
story Downtown area on School and State streets down Perkins St. It was assumed at the time
(2011) that this requirement could be met by converting existing one-story buildings to two-story
buildings. This requirement was contentious and discussed at length by the Planning
Commission and City Council during the creation and adoption of the DZC, but was ultimately
adopted because a pathway for flexibility (exceptions) was included in the DZC.
The modifications submitted by the Applicant on July 5, 2023, include expanding the building
height from 12 ft to 25 ft with a faux second story to pay homage to other historic buildings
downtown and the intent of the DZC requirement. Although Staff feels the design aesthetic
meets the intent and vision of the DZC, building height is measured by the number of stories in
the DZC, and the Project does not propose a true second story.
As such, this exception is still required but can be supported by Staff.
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Staff Analysis of Appeal Materials and 6th Design Iteration
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
7
C. Conclusion
Summarizing, Staff concludes the following:
1. Staff agrees with Appellant that words within the 2040 General Plan like “encourage”,
“should”, and “promote” are not be interpreted as mandates for individual projects.
2. Staff neither agrees or disagrees with Appellant’s statement that Planning Commission
Findings for Denial prescribe requirements in excess of those stated in the General Plan
and Downtown Zoning Code.
3. Staff agrees with Appellant that Findings for Denial adopted by the Commission are based
in some cases on information that is conflicting with the recommended findings of the
Planning Division of the Community Development Department.
4. Based on the information provided by the Applicant, Staff finds the 6th design iteration
consistent with all of the design and development standards within the DZC, apart from
the requested three (3) exceptions.
5. Staff supports the granting of the three requested Exceptions due to the Project site
being located on a corner lot, the parcel size and shape, preservation of the existing Oak
trees, required existing access easement, accommodating Project components related
to pedestrian access, and because of the design considerations related to Mitigation
Measure CUL-2.
Page 142 of 232
Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
1
ATTACHMENT 9
DRAFT FINDINGS TO APPROVE A MAJOR SITE DEVELOPMENT PERMIT FOR
CONSTRUCTION OF A REDWOOD CREDIT UNION BANK FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
Revised July 13, 2023
The Community Development Department’s recommendation for conditional approval of a Major
Site Development Permit to allow the construction of a Redwood Credit Union bank facility 101
S. Main St., as described in the application materials (last revised on July 5, 2023), and staff
reports associated with the Project prepared for the March 23, 2023 Design Review Board
meeting; the May 10, 2023 and June 14, 2023 Planning Commission hearings; as well as the July
19, 2023, City Council Agenda Summary Report. This approval also includes three ‘major
exceptions’ from the Downtown Zoning Code. This approval is based on the following findings, in
accordance with Sections 9231.3 (Table 27, Site development Procedures), and 9231.5 (Table
29, Exception Procedures) of the Downtown Zoning Code.
Site Development Permit Findings -Downtown Zoning Code
1. The proposed project is consistent with the City of Ukiah General Plan, Ukiah City
Code, and this code.
General Plan. The Project site carries a General Plan designation of Downtown Core (DC).
This designation is a is applied to the central core that comprises parcels with the Downtown
Zoning District (DZC). As discussed in the General Plan, “This designation is intended to
establish and promote Downtown Ukiah as the central gathering place in the community for
commercial, entertainment, hospitality, and urban living. Development in the Downtown Core is
meant to establish a walkable, infill-oriented environment, focusing on multi-modal
transportation and overall connectivity to the remainder of the city.” This designation allows for
a combination of higher-density residential, mixed-use, office, and commercial uses.
While the General Plan allows for mixed use projects to be developed, it does not require every
project to be mixed use. Specifically, Land Use Element Table 2-1, General Plan Land Use
Designations, lists a variety of single intensity uses, including multiple-family dwellings,
entertainment venues, hotels and lodging establishments, large and small format retail sales,
personal service/repair, medical, and office uses, administrative and professional offices, central
gathering spaces, plazas and paseos, as typical uses within the DC land use designation. This
means that any one of the listed uses, as well as other similar uses, are expected to locate
within the DC land use designation.
The proposed Project would include redevelopment of a commercial property, containing two
abandoned, deteriorated buildings within the Downtown area. The final proposed Project
incorporates significant Staff input and recommendations by the DRB to incorporate a high-
quality design, landscape and pedestrian improvements to Main and Perkins streets that will aid
in enhancing a prominent corner parcel and connecting multi-modal users within the Downtown
area, supporting the intent of the Downtown Core. The Project supports growth and
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Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
2
development of commercial and service uses in Ukiah to provide jobs and support the local
economy. Lastly, the Project supports many of the General Plan goals and policies related to
economic development, multi-modal access, as well as development patterns within the
Downtown area and connectivity, including but not limited to, the following goals and policies
contained within the Economic Development, Mobility, and Land Use elements of the General
Plan.
Economic Development Element
Goal ED-6: To maintain a supportive business climate and a healthy economy that
leads to the expansion of existing businesses and the attraction of new ones.
The Project would allow a local existing business (Redwood Credit Union) that is currently
operating in the Orchard Plaza to relocate and expand into the Downtown area.
Goal ED-7: To grow the local economy and employment base by supporting efforts
to retain, expand and attract local businesses.
The Project would allow a local existing business (Redwood Credit Union) to relocate and
expand into the Downtown area and would employ ±16 persons.
Mobility Element
Policy MOB-1.2: Multi-modal Access. The City shall require that all new
development and redevelopment projects include provisions for multi-modal
access provisions such as pedestrian and bicycle facilities, and vehicle and transit
where relevant.
The Project supports multi-modal access, as it would be located within the Downtown area
and includes widening the Perkins Street sidewalk to 11ft. and bicycle parking spaces.
Additionally, the Project is in close proximity to a Mendocino Transit Authority (MTA) bus
stop, located in front of the Mendocino County Library at 105 N. Main St.
Policy MOB-1.8: New Development and Complete Streets. The City shall require all
new development to provide adequate access for pedestrians, bicyclists, motorists,
transit users, and persons with disabilities, as well as facilities necessary to
support the City’s goal of maintaining a complete street network.
See MOB-1.2 above. The Project includes widening the Perkins and Main street sidewalks
to 11ft, bicycle parking, and also includes street trees and ‘parklets’ with public benches
along both Main and Perkins streets, consistent with the complete streets model.
Policy MOB-2.3: Pedestrian Facilities. The City shall encourage new development
and redevelopment that increases connectivity through direct and safe pedestrian
connections to public amenities, neighborhoods, shopping and employment
destinations throughout the City.
See MOB-1.2 and MOB-1.8 above.
Land Use Element
Policy LU-3.2 New Downtown Development. The City shall ensure new development
in the Downtown is compatible with existing uses and enhances the character of
the area.
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Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
3
The Project includes new commercial development within the Downtown area that is
consistent with surrounding uses, including a number of commercial/retail businesses.
Additionally, the Project would enhance the visual aesthetic of the site, as it would replace
the existing deteriorating buildings with new construction; would widen the existing Perkins
St. sidewalk, install street trees along Main and Perkins streets where street trees do not
currently exist; and would include landscaping within the parking lot and throughout the
site, where it does not currently exist.
Goal LU-4: To encourage the growth and development of retail, office, service, and
entertainment uses in Ukiah to provide jobs, support City services, and make Ukiah
an attractive place to live.
The Project would allow a local existing business (Redwood Credit Union) that is currently
operating in the Orchard Plaza to relocate and expand into the Downtown area, and would
employ ±16 persons.
Policy LU-4.1: High-Quality Building Design. The City shall encourage distinctive
and high-quality commercial building design and site planning that respects the
character of Ukiah.
The final proposed Project includes a high quality commercial building design that
incorporates extensive input from Staff, other City Departments, outside agencies, and the
Design Review Board, and provides conssiency with historic buildigns in downtown Ukiah.
Policy LU-8.4: Reuse of Underutilized Property. The City shall encourage property
owners to revitalize or redevelop abandoned, obsolete, or underutilized properties
to accommodate growth.
The Project includes redevelopment of a commerciall property that currently contains
abandoned, deteriorated buildings.
Goal LU-11: To ensure high-quality site planning, landscaping, and architectural
design for all new construction, renovation, or remodeling.
See LU-4.1 above.
The General Plan provides a “blueprint” for the vision and development of the City through 2040,
and contains goals and policies to aid in accomplishing the vision. While it is intended to be
generally applied and supported by individual projects, it is not indented to be prescriptive at a
Project level basis. While a city’s or county’s land use decisions must be consistent with the
goals and policies in its general plan, the courts have consistently held that a finding of general
plan consistency requires only that a project be “compatible with,” the general plan, State law
does not require precise conformity of a proposed project with the land use designation for a
particular site or an exact match between the project and the general plan. Instead,
development projects must simply be in agreement or harmony with the terms of the general
plan.
The modifications to the Project (sixth design iteration) submitted by the Applicant on July 5,
2023, in response to concerns raised by the Planning Commission and for Council’s
consideration, further support the intent of the General Plan, as they would enhance a gateway
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corridor, pedestrian access and green spaces, circulation and access, and provide visual
consistency with historic buildings in the downtown.
As such, Staff finds the Project consistent with the General Plan.
Zoning. The Project site is zoned Urban Center (UC) within Downtown Zoning Code (DZC). The
UC zoning district is intended for medium to higher density residential and commercial uses and
is envisioned to have a tight network of streets, with wide sidewalks, steady street tree planting
and buildings set close to the frontages. The Project includes commercial development on the
frontage of Main and Perkins streets, and incorporates wide sidewalks and street tree planting,
consistent with the vision of the UC zoning district.
While the Downtown Zoning Code allows for, and in some instances encourages mixed use, it
does not require every project to be mixed use. Specifically, DZC Table 3 (Allowed Uses and
Permit Requirements) of the DZC, identifies a variety of single intensity uses, including but not
limited to, a variety of professional office, large and small format commercial, recreation and
institutional, residential uses, service and manufacturing uses of varying intensities. It also notes
that live/work units and mixed uses are allowed (or permitted) but does not require every project
to be mixed use. Section 9224.12, Mixed Use Projects, contains separate design requirements
from those listed in the main design and development standards of the DZC (Tables 4 through
26 and Figures 1 through 7), further differentiating mixed use projects from single intensity uses
allowed per Table 3.
As discussed throughout the analyses contained within the referenced agenda packets, the DZC
contains extensive design and development standards. To allow for flexibility from the extensive
standards, the DZC allows for projects to seek ‘exceptions’ from certain requirements. As noted
in the prepared staff report (s), the Project has met or exceeded all DZC standards, apart from
the three (3) requirements which are being requested as exceptions as a part of the Project. The
exceptions requested can be supported by Staff, based on the Findings related to the requested
exceptions below.
Based on the aforementioned, and information contained in the May 10, 2023, and June 14,
2023, staff reports, as well as the July 19, 2023, City Council Agenda Summary Report for the
Project, Staff finds the Project consistent with the intent of the DZC.
2. Design: The design of the proposed project is consistent with the architectural standards
of this code and compatible with the character of the neighborhood; will maintain the
community’s character, provide for harmonious and orderly development, and create a
desirable environment for the occupants, neighbors, and visiting public; includes the
appropriate use of materials, texture, and color, which will remain aesthetically appealing
and appropriately maintained; and the location and orientation of windows, doorways,
and outdoor use areas reduce the potential for heat, glare, noise, or other disturbance
from on-site or off-site sources. The neighborhood compatibility part of this finding does
not apply if it would render the project inconsistent with the architectural requirements
of the zoning district in which the project is located.
The proposed Project would include redevelopment of a commercial property, containing two
abandoned, deteriorated buildings within the Downtown area. The applicant has designed the
building to be compatible with the scale and architectural features of existing buildings in the
surrounding area. The final proposed Project incorporates significant Staff input and
recommendations by the DRB to incorporate a high-quality design, landscape and pedestrian
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improvements to Main and Perkins streets that will aid in enhancing a prominent corner parcel
and connecting multi-modal users within the Downtown area, supporting the intent of the
Downtown Core. The Project is consistent with all DZC architectural and design standards, apart
from three which can be supported through the exception procedures contained within the DZC
(see below). The project is compatible with existing surrounding commercial, and retail uses
within the Downtown area.
3. Siting: The siting of the structure(s) on the parcel is compatible with the siting of other
structures in the immediate neighborhood. This finding does not apply if the resulting
setbacks are inconsistent with the requirements of the zoning district in which the
parcel is located.
The Project site is located on the corner of Main and Perkins streets. The only structure
immediately adjacent to the site is located south of the Project parcel. However, the building
on the adjacent parcel is separated from the site by a fire wall and the Project is seeking an
exception to the rear setback requirement and proposes a ±75 setback from the south
property line, partially to maintain the existing access easement.
4. Ingress, Egress, Circulation, Parking: The project provides adequate ingress, egress,
parking for vehicles and bicycles, and internal circulation for vehicles, bicycles,
pedestrians, and delivery vehicles designed to promote safety and convenience and to
conform to City standards and will not create potential traffic, pedestrian, or bicycle
hazards or a distraction for motorists. Low impact development (LID) design has been
incorporated into the project where feasible.
The Project incorporates driveways from both Main and Perkins streets to maintain access
and circulation. The final version of the Project includes a one way exit onto Perkins Street to
further alleviate access concerns. Additionally, the Project incorporates and maintains the
existing 24-foot emergency access easement provides access from Main St. to the adjacent
(east) parcel that was required for development of the adjacent parcel (Major Site
Development Permit No, 97-42). The Project also includes landscaping and LID measures,
widening Perkins and Main street sidewalks to 11 ft. for pedestrian access and includes
bicycle parking. The Project has been reviewed by the Public Works Department, Building
Division and Ukiah Valley Fire Authority for traffic and access concerns, and meets all required
regulations, including maintaining the ‘sight distance’ or ‘vision triangle’ required for vehicles
approaching the site. Lastly, as discussed further in the Environmental Documentation section
of the Staff Report, the Project meets the screening criteria for ‘small projects’ in the City’s
adopted thresholds for Vehicle Miles Traveled (VMT), resulting in a less than significant impact
to traffic.
5. Landscaping: The landscaping for the project provides opportunities for shading west
and south facing windows and outdoor use areas, utilizes native and drought tolerant
species, is in keeping with the character and design of the project, and consistent with
requirements of this code and City standards.
The Landscaping Plan for the final designed Project includes approximately 4,850 sf of
landscaping, resulting in the Project exceeding the required DZC minimum of 15%.
Landscaping includes parking lot and perimeter landscaping, bioretention areas to address
stormwater run-off, and street trees along both frontages. The street trees proposed along
Perkins and Main streets will provide shade to the building’s windows located on the west and
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north facades. The landscaping provided on-site offers approximately 54% shade of the
parking lot (south side of the building) and site, and incorporates drought tolerant and native
plants that are included on the species lists within the DZC, as well as all other landscaping
requirements contained within the code. Additionally, the Project includes two ‘parklets’ with
landscaping and public benches on Main and Perkins streets. A final Landscape Plan in
accordance with all DZC requirements is required as a Condition of Approval prior to issuance
of Building Permits.
6. Resource Protection: The proposed project will not excessively damage or destroy
resources or natural features, including cultural and historic resources, trees, shrubs,
creeks, and the natural grade of the site.
Vegetation on the site is limited and all healthy, mature Oak trees will be preserved. The
Chinese Pistache tree and Cypress tree(s) currently located against the 101 S. Main St.
building would be removed. However, these species are not listed environmentally sensitive
species at the local, state, or federal level. All the remaining trees, including the existing large
Oak trees on the south portion of the parcel, will be preserved. The site does not contain water
features or other environmentally sensitive resources, as most of it is currently hardscaped
with a paved parking lot and existing buildings. Lastly, as described within the Staff Analysis
portion of the Staff Report, the Project is designed for consistency with Mitigation measure
CUL-2 related to historic resources, associated with Demolition Permit No. No. 21-6155.
7. Health, Safety, Welfare: The proposed project would not be detrimental to the public
health, safety, or welfare; is not materially injurious to the properties or improvements
in the immediate vicinity; and will not tend to cause the surrounding area to depreciate
materially in appearance or value or otherwise discourage occupancy, investment, or
orderly development in the area.
Project referrals were sent to the following responsible or trustee agencies with interest or
jurisdiction over the Project: Ukiah Valley Fire Authority, City of Ukiah Public Works
Department, City of Ukiah Police Department, City of Ukiah Electric Utility Department, City
of Ukiah Community Development Department- Building Division, Ukiah Municipal Airport
Operations Manager, Mendocino County Environmental Health Department, Mendocino Air
Quality Management District, Mendocino Transit Authority, and Historical Society of
Mendocino County. The aforementioned entities reviewed the Project for health and safety
concerns, and comments received have been included into the Conditions of Approval
(Attachment 2) for the Project, as appropriate.
As noted above, the Project includes redevelopment of an existing commercial site within the
Downtown area that is compatible with surrounding uses, including a number of
commercial/retail businesses. Additionally, the Project would include pedestrian and
landscaping improvements that would enhance the visual character of the site. Lastly, the final
proposed Project includes a high quality commercial building design that incorporates
extensive input from Staff, other City Departments, outside agencies, and the Design Review
Board. Additionally, the Project includes modifications proposed to address some of the
concerns raised by the Planning Commission. As such, the Project will not cause the
surrounding area to depreciate materially in appearance or value or otherwise discourage
occupancy, investment, or orderly development in the area.
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Exception Findings
The Major Site Development Permit includes the following ‘major’ exceptions from the Downtown
Zoning Code:
1. Maximum rear setback (Project proposes a ±75 ft. rear buildings setback (south), but the
maximum rear setback noted in the DZC is 6 ±ft.). Rather than requiring minimum
setbacks, the DZC includes both minimum and maximum setbacks. This requirement was
adopted to promote and allow for higher density and buildout within the DZC. The
applicant notes the access easement, functional parking and tree preservation as reasons
for requesting the rear (south) setback exception. Staff notes that Major Site Development
Permit No. 97-42 requires a 24-foot access easement (existing) through the Project site
to the adjacent (east) property for emergency services access on the adjacent parcel. The
easement is required because the adjacent parcel only has a ‘horseshoe’ design with two
(2) one-way driveways. The easement provides access from Main Street to the adjacent
parcel and does not allow for the placement of permanent structures. Staff also notes the
DZC defines a “side yard” building as, “A building that occupies one side of the lot with a
setback to the other side”, but also notes that the required setbacks (DZC Table 6) apply
to both “fronts” for corner lots. These two requirements can be conflicting and challenging
to meet depending on the parcel size and other DZC development standards.
The DZC requires side yard buildings to be on the Perkins and Main frontage lines with a
0 ft. setback, but requires a rear maximum setback of 6 ft. Because the parcel is a square
corner lot and it is larger in size (±0.48 ac; or 20,852 sf.), in order for a project to
successfully meet all of the required setbacks in this scenario, the building would have to
essentially cover the entire lot uniformly as a square building. In this scenario, only six feet
on the south portion of the parcel would be available for access, parking and landscaping,
which would conflict with fire and Building code regulations related to access, as well as
other aforementioned DZC requirements. Specifically, as noted above, the 24-foot access
easement for the adjacent parcel requires a minimum setback of 24 feet. Even if the
easement were to be relocated further south on the parcel, any development on the site
would require an exception to the maximum six foot setback, as no permanent structures
may be constructed within it. As such, this exception can be supported.
2. Maximum Side Setback (Project proposes a ±45 ft side building setback, but the DZC
requires a maximum side setback of ±10 ft.). The changes submitted by the Applicant on
July 5, 2023, include removal of the ATM and canopy that were previously proposed on
the east side of the building, and replacing it with a parklet containing trees, landscaping,
a pedestrian pathway and benches. Additionally, the proposed generator and trash
enclosure would be sited within the side setback (6ft. from property line). Although the
noted improvements and Project components would be within the side setback area, an
exception is still required because the maximum setback requirement is specified for the
“primary building” in the DZC. As noted above in the discussion for the maximum rear
setback exception, Staff also notes the challenges with meeting all the setback
requirements due to the corner-parcels shape and size. The Applicant also notes
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101 S. Main St.
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functional access (Perkins St. driveway is required to be 12 ft.) and enhanced pedestrian
improvements, including the parklet as a reason for requesting the exception. Because
the modifications would further enhance the pedestrian improvements and connectivity
along Perkins St., which is one main intents of the General Plan Downtown Core land use
designation, the DZC, and the findings required for exceptions, this exception can be
supported.
3. Minimum Height Requirement (Project proposes a one-story 25-ft. high building with a
faux second story, but the DZC requires a minimum of two-stories). Rather than requiring
maximum height requirements, the DZC requires a minimum height requirement. The
intent behind the two-story requirement was to increase densities where appropriate and
to extend the predominantly two-story Downtown area on School and State streets down
Perkins St. It was assumed at the time (2011) that this requirement could be met by
converting existing one-story buildings to two-stories. This requirement was contentious
and discussed at length by the Planning Commission and City Council during the creation
and adoption of the DZC, but was ultimately adopted because a pathway for flexibility
(exceptions) was included in the DZC. The modifications submitted by the Applicant on
July 5, 2023, include expanding the building height from 12 ft to 25 ft with a faux second
story to pay homage to other historic buildings downtown and the intent of the DZC
requirement. Although Staff feels the design aesthetic meets the intent and vision of the
DZC, building height is measured by the number of stories in the DZC, and the Project
does not propose a true second story. As such, this exception is still required but can be
supported by Staff.
Findings to grant exceptions in the Downtown Zoning Code are as follows:
1. The request is consistent with the intent of this code and the Ukiah General Plan.
As noted throughout the Staff Report(s) and the Findings to approve a Site Development
Permit, the final proposed Project incorporates significant Staff input and recommendations
by the DRB to incorporate a high-quality design, landscape and pedestrian improvements to
Main and Perkins streets that will aid in enhancing a prominent corner parcel and connecting
multi-modal users within the Downtown area, supporting the intent of the DZC and General
Plan Downtown Core land use designation.
The allowance of exceptions was incorporated into the DZC to alleviate concerns with the
DZC requirements raised by the public, Planning Commission and City Council during
development of the DZC, in recognizing that deviations from the requirements are necessary
to facilitate the variety of parcels and development proposals within its various zoning districts.
As noted in the Staff Report(s), the Project has met or exceeded all DZC standards, apart
from the three requirements which are being requested as exceptions as a part of the Project.
As noted above, the three exceptions being requested can be supported by Staff due to the
site being located on a corner lot, the parcel size and shape, preservation of the existing Oak
trees, required existing access easement, accommodating Project components related to
pedestrian access, and because of the design considerations related to Mitigation Measure
CUL-2.
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The Project also supports the following goals and policies contained within the Economic
Development (Goals ED-6 and ED-7), Mobility (Policies MOB-1.2, 1.8, and 2.3), and Land
Use (Goal LU-2, and Policies LU-3.2, 4.2 and 8.4) elements of the General Plan.
As previously noted, while a city’s or county’s land use decisions must be consistent with the
goals and policies in its general plan, the courts have consistently held that a finding of general
plan consistency requires only that a project be “compatible with,” the general plan, State law
does not require precise conformity of a proposed project with the land use designation for a
particular site or an exact match between the project and the general plan. Instead,
development projects must simply be in agreement or harmony with the terms of the general
plan.
The modifications to the Project (sixth design iteration) submitted by the Applicant on July 5,
2023, in response to concerns raised by the Planning Commission and for Council’s
consideration, further support the intent of the General Plan and the DZC, as they would
enhance a gateway corridor, pedestrian access and green spaces, circulation and access,
and provide visual consistency with historic buildings in the downtown.
2. The project is compatible with the neighborhood and design intent of this code.
The Project would be compatible with the neighborhood, as it would redevelop an existing
commercial lot, surrounded by other retail and commercial uses within the Downtown area,
and incorporates all but three of the design components outlined within the DZC. The final
proposed Project design incorporates pedestrian improvements to connect the site to adjacent
properties, as well as Main and Perkins streets. The final design incorporates extensive review
by Staff, other City Departments and agencies, as well as the Design Review Board and the
Planning Commission.
3. The project provides appropriate connections, transitions, and relationships between
buildings and the street, adjacent properties and one another.
The Project site is a corner lot that proposes a building on the frontage line(s). As such, there
are no buildings immediately adjacent to the proposed building. However, the Project
maintains the shared access easement with the parcel to the east, and as noted in the Project
Description, the Project has been designed for compatibility with the scale and architectural
form and features of the adjacent buildings, as well as historic building within the Downtown
area. The Project also includes pedestrian and landscape improvements, including the
widening of Perkins and Main street sidewalks, as well as street trees and parklets with public
benches along Perkins and Main streets to provide enhanced pedestrian connections to the
adjacent properties and larger Downtown area.
The project provides adequate and appropriate pedestrian facilities and connections.
The Project includes pedestrian and landscape improvements, including pedestrian corner
entrances from Perkins and Main streets, widening of the existing sidewalks, as well as street
trees and parklets with public benches along Perkins and Main streets to provide enhanced
pedestrian connections to the Downtown area.
4. The project would not impair the desirability of investment, employment, or residence
in the neighborhood.
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The Project would redevelop an existing commercial lot and would include new construction,
landscaping and pedestrian improvements that would enhance the visual character of the site.
There are no components of the Project that would impair the desirability of investment,
employment, or residence in the neighborhood.
5. The project is not detrimental to the public’s health, safety and general welfare.
Project referrals were sent to the following responsible or trustee agencies with interest or
jurisdiction over the Project: Ukiah Valley Fire Authority, City of Ukiah Public Works
Department, City of Ukiah Police Department, City of Ukiah Electric Utility Department, City
of Ukiah Community Development Department- Building Division, Ukiah Municipal Airport
Operations Manager, Mendocino County Environmental Health Department, Mendocino Air
Quality Management District, Mendocino Transit Authority, and Historical Society of
Mendocino County. The aforementioned entities reviewed the Project for health and safety
concerns, and comments received have been included into the Conditions of Approval
(Attachment 2) for the Project, as appropriate. As noted throughout the Staff Report(s) and
the findings to approve a Site Development Permit, the Project includes construction of a bank
facility on an existing commercial lot, would not result in excessive noise, traffic, or the use of
hazardous substances, and meets all codes and requirements related to health and safety.
The final Project design includes a one way exit to Perkins Street to alleviate concerns related
to traffic and circulation. As such, the Project would not be detrimental to the public’s health,
safety and general welfare.
6. Special circumstances or conditions apply to the site, building, improvement or use,
such as the preservation of natural resources (creek, tree preservation), providing
enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced
landscaped areas).
As noted in Exception finding No. 1 above, the exceptions being requested can be supported
due to the site being located on a corner lot, the parcel size and shape, the required access
easement for the adjacent parcel, preservation of the existing Oak trees, the Project
components related to pedestrian and vehicular access, and the design considerations related
to Mitigation Measure CUL-2. Refer to Finding No.1 for more information.
CEQA Findings
1. An Initial Study/Mitigated Negative Declaration (SCH No.2022030389; approved by City
Council on May 18, 2022) analyzed impacts associated with Demolition Permit No. 21-6155.
General assumptions were made related to construction impacts associated with potential
future development. However, no development was proposed at that time. As such, the
ISMND notes that additional project specific CEQA may be required for new development,
such as the Project. The ISMND also included Mitigation Measure CUL-2 which states:
CUL-2: The 101 South Main Street building shall not be demolished until there is a
development proposal approved in accordance with the Ukiah City Code and, specifically, the
Downtown Zoning Code. At the time of demolition, the pressed metal siding on the west and
north portions of the building shall be salvaged. If the pressed metal siding is not able to be
salvaged, similar pressed metal siding may be used. Any new development will incorporate
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into the design all, or a portion, of the pressed metal siding of the existing building to pay
homage to the agricultural commercial function of the original building. New development shall
require review by the Design Review Board and the Planning Commission, in accordance with
the Downtown Zoning Code.
As noted in the May 10, 2023 Planning Commission Staff Report, the Applicant conducted a
detailed analysis of the existing pressed metal (± 850 sf.) on the west and north facades, and
ultimately found that all the metal is unusable based on its condition, structural implications, and
presence of lead. As such, the Applicant proposes to incorporate ±450 sf. of new, pressed metal
that is visually similar to the existing metal, on the east, west, north and south facades. The
proposed structure is also located within the same location as the existing structure and includes
a parapet, and corner entrance, similar to the existing building. Lastly, the latest revisions to the
Project submitted on July 5, 2023, include architectural features similar to other historic buildings
in the downtown.
The proposed design is intended to meet Mitigation Measure CUL-2 in the following ways:
1. Design includes the proposed building in the same location as the existing building.
2. Design includes the main entrance positioned towards the corner, similar to the existing
building.
3. Design includes a parapet wall around the building to provide a tall one-story façade,
similar to the original Holz Feed Company building that historically occupied the site, as
well as other historic building facades within the Downtown.
4. Design includes ±470 sf. of new pressed metal siding on a portion of the north, west,
and south elevations (at the primary entrances) to pay homage to the existing pressed
metal.
Based on the aforementioned, the Project is consistent with the requirements of Mitigation
Measure CUL-2 and the Demolition Permit may be issued. All other mitigation measures
associated with the Demolition Permit remain in effect and have been included as Conditions
of Approval.
2. The proposed Project (construction and operation of the RCU bank facility) is categorically
exempt from the provisions of CEQA pursuant to CEQA Guidelines Article 19 §15303,
New Construction or Conversion of Small Structures, which consists of the construction,
location and conversion of limited numbers of new, small facilities or structures. The
Project qualifies for the §15303 CEQA exemption for the following reasons:
The Project includes the construction of a 4,715 sf. building in an urban area,
developed with a mix of land uses, including other commercial/retail within Downtown
Ukiah.
The Project site is zoned Urban Center (UC) within the Downtown Zoning Code and
allows for financial institutions to be located within this zoning district by-right. In
addition, the Project includes three exceptions to the zoning code and a Site
Development Permit, in compliance with all applicable zoning codes.
The Project is consistent with the General Plan, as it supports the intent of the General
Plan Downtown Core land use designation, as well as goals and policies contained
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within the Economic Development, Mobility, and Land Use elements of the General
Plan.
The Project would comply with all applicable air Quality regulations and would not
involve the use of significant amounts of hazardous materials.
All public services are available to the site and the Project has been reviewed by all
applicable City departments and agencies responsible for providing services.
The Project incorporates Best Management Practices and Low Impact Development
features to manage and capture stormwater runoff.
Vegetation on the site is limited and all healthy, mature Oak trees will be preserved.
The Chinese Pistache tree and Cypress tree(s) currently located against the 101 S.
Main St. building would be removed. However, these species are not listed
environmentally sensitive species at the local, state or federal level. All of the
remaining trees, including the existing large Oak trees on the south portion of the
parcel, will be preserved.
The Project provides adequate access (including emergency access) from both Main
and Perkins streets to aid in reducing traffic congestion, and includes bicycle parking,
wide sidewalks, two ‘parklets’ with public benches, and pedestrian paths to encourage
walking and alternate modes of transportation in the Downtown area. Additionally, the
Project meets the screening criteria for ‘small projects’ in the City’s adopted thresholds
for Vehicle Miles Traveled (VMT), resulting in a less than significant impact to traffic
and no further analysis is required. As a part of the General Plan Environmental
Impact Report (EIR), the City identified that the following projects are expected to
result in less than significant impacts: small projects that meet existing categorical
CEQA exemptions (such as the proposed Project), residential uses, employment
uses in areas with a diverse mix of land uses, local serving retail, projects in
proximity to a major transit stop, transportation projects, and all residential projects.
For more information, please refer to Section 4.11, Transportation, and Appendix D
of the City’s General Plan Environmental Impact Report, which may be accessed
online at:
https://ukiah2040.com/images/docs/Ukiah_2040_Compiled_Appendices.pdf
Public Notice
Notice of all public hearings related to the Project was provided in accordance with UCC
§9231.3, 9263, 9264, and 9226.
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Conditions of Approval
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
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ATTACHMENT 10
DRAFT CONDITIONS OF APPROVAL
MAJOR SITE DEVELOPMENT PERMIT FOR CONSTRUCTION OF A
REDWOOD CREDIT UNION BANK FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
Revised July 13, 2023
The following Conditions of Approval shall be made a permanent part of the Site Development
Permit, shall remain in force regardless of property ownership, and shall be implemented in order
for this entitlement to remain valid.
Approved Project Description: The Applicant proposes the construction of a ±4,715 sf Redwood
Credit Union bank facility at 101 S. Main St., as described in the application materials, last revised
on July 5, 2023. This approval includes three ‘major exceptions’ (minimum height requirement,
and maximum side and rear setback requirements) from the Downtown Zoning Code, as
described within the associated staff reports and analyses.
CITY OF UKIAH SPECIAL CONDITIONS
1. Conditions of Approval for Demolition Permit No. 21-6155 and Mitigation Measures
associated with the Initial Study/Mitigated Negative Declaration (SCH No.2022030389)
prepared for the Demolition Permit remain applicable to the demolition of the existing
buildings.
2. Per Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) Policy 3.2.8(b),
recordation of an Overflight Notification is required as a condition for approval for new
construction prior to occupancy.1 This notification serves as a form of buyer awareness
documentation recorded in the chain of title of a property stating that the property may be
subject to annoyances and inconveniences associated with the flight of aircraft to, from, and
around a nearby airport. The notification shall be of a format similar to that indicated in
Appendix G of the UKIALUCP and shall contain the following language dictated by state law
with regard to Airport Proximity Disclosure in conjunction with real estate transfer. The
notification shall be evident to prospective purchasers of the property and shall appear on the
property deed.
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of
an airport, within what is known as an Airport Influence Area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity
to airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase
and determine whether they are acceptable to you.
1 http://www.cityofukiah.com/NewWeb/wp-content/uploads/2021/06/Ukiah-Municipal-Airport-Land-Use-
Compatibility-Plan-2021.pdf
Page 155 of 232
Conditions of Approval
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
2
3. Demolition of the existing buildings and construction of the Project shall be conducted in
accordance with UCC Section 9229.3, Tree Preservation. As noted in subsection 9229.3(D),
Tree Protection Requirements, a tree protection plan for the existing Oak trees and any other
species listed in Table 19 of the Downtown Zoning Code shall be submitted to the Community
Development Department for review and approval prior to issuance of the Demolition Permit
and Building Permits.
4. The existing 24-foot access easement required for Major Site Development Permit No, 97-42
shall be maintained to provide adequate emergency access from Main Street to the adjacent
(east) parcel.
CITY OF UKIAH STANDARD CONDITIONS
5. This approval is not effective until the 10-day appeal period applicable to this Planning permit
has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject
to the outcome of the appeal and shall be revised as necessary to comply with any
modifications, conditions, or requirements that were imposed as part of the appeal.
6. All use, construction and the location thereof, or occupancy, shall conform to the application
and to any supporting documents submitted therewith, including any maps, sketches, or plot
plans accompanying the application or submitted by applicant in support thereof.
7. Any construction shall comply with the "Standard Specifications" for such type of construction
now existing or which may hereafter be promulgated by the Engineering Department of the
City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by
action of the Planning Commission such standards shall be met.
8. Building permits shall be issued within two years after the effective date of the Planning Permit
or same shall be null and void.
9. In addition to any particular condition which might be imposed; any construction shall comply
with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations,
and ordinances in effect at the time the Building Permit is approved and issued.
10. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 7,
Signs, of the UCC. Prior to the placement/installation of any sign(s), the applicant shall make
application for and receive approval of a sign permit. Any signage shall be in substantial
conformance with the Airport Industrial Park Planned Development Ordinance design and
development standards.
11. A Final Landscaping Plan shall be submitted prior to issuance of Building Permit, in
accordance with all applicable City codes. All landscaping shall be irrigated and maintained
to a satisfactory condition throughout the life of the project.
12. The Applicant shall submit verification of all applicable permits or approvals in compliance
with all local, state and federal laws to the Community Development Department prior to
issuance of building permits.
13. All fees associated with the project planning permits and approvals shall be paid in full prior
to occupancy.
14. As outlined in Article 20, Administration and Procedures, of the Zoning Code this planning
permit may be revoked through the City’s revocation process if the approved project related
Page 156 of 232
Conditions of Approval
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
3
to this Permit is not being conducted in compliance with these stipulations and conditions of
approval; or if the project is not established within two years of the effective date of this
approval; or if the established use for which the permit was granted has ceased or has been
suspended for 24 consecutive months.
15. In accordance with Public Resource Code 21082, in the event that prehistoric archaeological
features such as a concentration of flaked stone artifacts, or culturally modified soil (midden)
or dietary shell are encountered at any time during preparatory grading or underground
excavation to remove existing structures, all work should be halted in the vicinity of the
discovery. A qualified archaeologist should be contacted immediately to make an evaluation
and determine if the discovered material represents a definite cultural resource. If it is
determined that a potentially significant feature has been revealed, a temporary suspension
of earth disturbing activities should be enforced until an appropriate mitigation program can
be developed and implemented to satisfy the Planning Division. An archaeological monitor
shall observe all further work during construction activities that are located within or near an
archaeological site area, and formal tribal consultation may be required.
BUILDING DIVISION AND UKIAH VALLEY FIRE AUTHORITY CONDITIONS
16. A Building Permit will be required. Please submit plans, building permit application. Please
submit 5 complete plan sets, two wet stamped and signed.
17. The design and construction of all site alterations shall comply with the 2022 California
Building Code, 2022 Plumbing Code, 2022 Electrical Code, 2022 California Mechanical Code,
2022 California Fire Code, 2022 California Energy Code, 2022 Title 24 California Energy
Efficiency Standards, 2022 California Green Building Standards Code and City of Ukiah
Ordinances and Amendments.
18. Plot plan indicates one EV charging station that will be built to accessible standards. In
addition to this EV parking stall, the project shall include one fully accessible van parking stall.
ELECTRIC UTILITY DEPARTMENT CONDITIONS
19. This property will be served from Underground power lines. Developer is to provide EUSERC
approved electrical equipment compatible with the City of Ukiah’s EUSERC Acceptability
Chart before the panel can be used on this project.
20. All future site improvements shall be submitted to the Electric Utility Department for review
and comment. At that time, specific service requirements, service Voltage and developer costs
and requirements will be determined.
21. Developer/customer shall incur all costs of this future project to include (labor, materials,
equipment and future services).
22. There shall be an easement provided to the EUD for any Primary or Secondary lines that
transverse through the property. Or around any City owned Electric equipment.
UKIAH POLICE DEPARTMENT CONDITIONS
23. Provide UPD dispatch with current appropriate business contact names and telephone
numbers for after-hours contact.
Page 157 of 232
Conditions of Approval
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
4
DEPARTMENT OF PUBLIC WORKS CONDITIONS
24. All work within the public right-of-way shall be performed by a licensed and properly insured
contractor. The contractor shall obtain an encroachment permit for work within this area.
Encroachment permit fee shall be $45 plus 3% of estimated construction costs.
25. The access to Perkins Street shall meet the site distance requirements in respect to the 30
mph speed limit on Perkins Street.
26. Standard street tree requirements include street trees spaced approximately every 30 feet
along the public street, within tree wells where feasible, otherwise within 5 feet of the back of
sidewalk. Street trees shall be installed in accordance with City Standard Drawing No 601.
Tree types shall be approved by the City Engineer. These trees must be irrigated for the first
five years to be established and healthy. Irrigation chases for the water of the trees will be
allowed to be installed under the sidewalk.
27. The new sidewalk on Perkins Street shall be a minimum width of 8 feet.
28. A new compliant ADA ramp shall be installed at the intersection of Perkins Street and Main
Street. The City would like the developer to increase the radius of the curb as part of the
ramp to a minimum of 15 feet.
29. A detailed sediment and erosion control plan shall be included with the Building Permit
plans, prepared by a Civil Engineer or other licensed erosion control specialist.
30. The capital water connection fee is based on the meter size. The engineer for the project
shall supply the City with this information in order to calculate the connection fee.
31. The sewer fees will be calculated based on the number of drain fixture units at the time of
Building Permit application.
MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT CONDITIONS
32. Stationary and Portable Equipment and Mobile Vehicles:
a. Any stationary onsite diesel IC engines 50 horsepower or greater (i.e. large power
generators or pumps) or any propane or natural gas engines 250 horsepower or
greater may require a permit from the District.
b. Portable diesel powered equipment that may be used during the proposed project are
required to be registered with the state Portable Equipment Registration Program
(PERP) or obtain permits from the District.
c. Projects located adjacent to sensitive receptors (schools, child care facilities, health
care facilities, senior facilities, businesses, and residences, etc.) during the
construction phase of this project have the potential for exposure to diesel particulate.
d. Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is
limited to less than 5 minutes.
33. Asbestos Survey. Demolition of all commercial buildings are subject to the requirements of
MCAQMD Regulation 1, Rule 492, National Emission Standards for Hazardous Air
Pollutants (NESHAPS) for Asbestos. Prior to receiving a demolition permit from the City, the
applicant shall:
a. Have an Asbestos Survey completed by a licensed Asbestos contractor for the
presence of asbestos containing materials;
Page 158 of 232
Conditions of Approval
Major Site Development Permit
Redwood Credit Union
101 S. Main St.
File No.: 22-7977
5
b. Submit a completed Asbestos Demolition/Renovation form, all test results and
applicable notification fees to the District at least 10 days prior to beginning the
Project;
c. Have asbestos containing materials abated by a licensed abatement contractor prior
to beginning and demolition or renovation activities, if applicable; and
d. Obtain written authorization from MCAQMD indicating that all requirements have
been met prior to receiving the demolition permit.
34. Grading Projects- During Construction. All grading activities must comply with the following
fugitive dust mitigation measures in accordance with District Regulation 1, Rule 1-430:
a. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust
emissions.
b. All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall
have a posted speed limit of 10 mph.
c. Earth or other material that has been transported by trucking or earth moving
equipment, erosion by water, or other means onto paved streets shall be promptly
removed.
d. Asphalt, oil, water, or suitable chemicals shall be applied on materials stockpiles, and
other surfaces that can give rise airborne dusts.
e. All earthmoving activities shall cease when sustained winds exceed 15 mph.
f. The operator shall take reasonable precautions to prevent the entry of unauthorized
vehicles onto the site during non-work hours.
g. The operator shall keep a daily log of activities to control fugitive dust.
h. For projects greater than one acre or one mile of road not located within a Naturally
Occurring Asbestos Area, prior to starting any construction the applicant is required
to:
1. Submit a Large Area Grading permit application to the District.
2. Obtain a final determination from the Air Quality Management District as to
the need for an Asbestos Dust Mitigation Plan and/or Geologic Survey to
comply with CCR sections 93106 and 93105 relating to Naturally Occurring
Asbestos.
3. Obtain written verification from the District stating that the project is in
compliance with State and Local regulations relating to Naturally Occurring
Asbestos.
4. If the project is located within a Naturally Occurring Asbestos Area, additional
mitigations shall be required.
35. Property Development-Prior to starting any construction, the applicant is required to:
a. Obtain a Property Development Permit from the District for any open outdoor burning.
b. Obtain a Grading Permit, if applicable.
c. Confirm whether the project is in a Naturally Occurring Asbestos Area, and follow
additional MCAQMD recommendations, if applicable.
d. Consider alternate means of disposal other than open burning, such as cutting the majority
of the larger material up as firewood, and chipping smaller material, if feasible to mitigate
impacts from open outdoor burning.
e. Obtain written verification from the MCAQMD stating that the project is in compliance with
State and Local regulations.
Page 159 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Len Tischler
From: Len Tischler <lentischler@yahoo.com>
Sent: Friday, July 14, 2023 5:02 PM
To: Michelle Irace <mirace@cityofukiah.com>
Subject: Re: Redwood Credit Union site
TO: Ukiah City Council
DATE: 7‐14‐23
FROM: Len Tischler, citizen
RE: Redwood Credit Union Application for New Building Downtown
It has come to my attention that the Redwood Credit Union is asking for permission to build a facility on the corner of
Main St. & Perkins St. downtown. I would caution the City Council to deny this request.
Although their proposed building would look nice and in many ways look like an upgrade of the downtown area, their
site plan goes against both your 2040 plan and your zoning codes for the downtown area.
It doesn’t add to the population density of the city (particularly the downtown area), which is one of the key
goals of the 2040 plan.
It is likely to create more daily auto traffic (congestion) on Perkins Street, our main corridor into and out of
downtown, especially at the corner with Main St.
It adds ingress and egress traffic (into and out of the bank on both sides), which goes against the city’s plans for
downtown and can cause traffic delays and accidents.
This would be a prime spot for housing in the downtown area, which would move the city toward its 2040 goals.
Redwood’s various building plans have all fallen short in the above issues and have been rejected by the
Planning Commission.
Thank you,
Len Tischler
Page 160 of 232
Correspondence Received for Agenda Item 12a
Page 161 of 232
Page 162 of 232
1
Kristine Lawler
Subject:12a Correspondence Received
Sent: Wednesday, July 12, 2023 8:16 PM
To: Meeting <meeting@cityofukiah.com>
Subject: Redwood Credit Union, New Building
City Council,
I'm a long time member of RCU from back when it was
Credit Union #8 on Talmage Rd. I love RCU and the staff,
but I'm NOT in favor of a new building at Main and Perkins!
That corner is already one of the busiest in Ukiah and is slowed by
the 4 way stop and the traffic light just one block west. The library across
the street already does not have adequate parking. I do not believe that
ingress and egress will be quick nor will the be adequate parking.
There has got to be a better site for the new RCU.
Page 163 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Todd Schapmire
From: Todd Schapmire <toddschapmire@gmail.com>
Sent: Monday, July 17, 2023 3:42 PM
To: Kristine Lawler <klawler@cityofukiah.com>
Subject: Letter to City Council for July 19 Meeting
July 17, 2023
Ukiah City Council
C/O
Kristine Lawler
City Clerk
300 Seminary Avenue
Ukiah, CA 95482
klawler@cityofukiah.com
Dear Members of the Council,
I am writing you this letter to support the proposed Redwood Credit Union project located at 101 South Main
Street.
As you know, I was the former owner of the subject property and the applicant for the Historical Demolition
Permit which you approved last year. I have since sold the property and I have no financial interest in this
project.
I am a downtown business and property owner who has worked very hard to contribute to the Ukiah
community and am passionate about seeing Ukiah prosper.
My sole motivation for writing to you and attending the meeting is to voice my concern that the way this
process has gone is absurd, unnecessary, and the exact reason why Downtown Ukiah looks run down and
awful. The time, expense, and nonsense that someone must go through to improve or develop their property
is stopping all improvements and if that trend continues, I fear that Downtown Ukiah could very soon be a
turnkey set for the next Walking Dead series.
Nothing can remain the same and it is foolish to think it can, so we are either getting better or we are getting
worse. If you set a precedent that any project must comply with all 105 guidelines of the General Plan, then
you are guaranteeing that our town will just get worse and worse. The General Plan is guidelines that were
created 20 plus years ago with zero understanding of what our world would be like in 2023. The General Plan
is guidelines not the Planning or Building Code which is what codes actually govern this project.
I urge you to be a part of the solution and let Ukiah start to improve. This no change attitude and allowing a
very, very vocal but small group stall or stop every project is killing this town. Allowing a brand new bank to
bring people downtown who will then shop, eat, and patronize local business is an absolute no brainer to
approve. If you vote any other way than that, then you honestly are doing significant harm to our community
Page 164 of 232
2
and your constituents. Local businesses are on life support right now and if you do not start helping, then you
are literally pulling the plug.
Sincerely,
Todd Schapmire Jr.
Todd Schapmire
Team Leader / Realtor®
W REAL ESTATE
DRE# 01414195
(707) 570-9855
Todd@WRealEstate.net
http://ToddSchapmire.com
Click Here To Give Me Your Feedback
500 Bicentennial Way, Ste 310, Santa Rosa 95403
101 North State Street, Ukiah 95482
Page 165 of 232
12a Correspondence Received
Page 166 of 232
1
COMMENT TO CITY COUNCIL
REGARDING APPEAL TO PLANNING COMMISSION DENIAL
OF REDWOOD CREDIT UNION DEVELOPMENT APPLICATION
Submitted by Dennis Crean
July 18, 2023
Dear City Council,
I urge you to uphold the Planning Commission’s decision and to deny the Redwood Credit
Union’s appeal.
Summary
For more than a year, I have been carefully following efforts to redevelop this property at 101 S.
Main Street. I have attended all public meetings on this issue and submitted extensive written
comments, giving me a very thorough understanding of the issues and the contentious process
that have brought us to this point.
Even after numerous design iterations, the applicant continues to present a project that remains
essentially unchanged at its core. It is not, and has never been, in alignment with the intent and
the letter of the City’s Downtown Zoning Code pertaining to this parcel. More importantly, the
project does not reflect the citizen’s vision for our historic city center, as described in our new
General Plan. Put simply, this project does not belong on this site.
The Planning Commission therefore made the correct decision to deny the application. They
thoroughly assessed the application and carefully applied the relevant General Plan and
Downtown Zoning Code provisions. Furthermore, they did so without receiving the appropriate
staff support and despite a poorly managed process by the City’s planning department—which is
the primary reason this issue has ended up in front of the City Council.
By upholding the Planning Commission’s decision and rejecting the applicant’s appeal, you will
validate both the important work of this citizen board and the public’s vision for our city’s
future.
Below I have provided a more detailed discussion.
Why the Planning Commission Decision Should Be Upheld and the Application Denied
The PC correctly denied the application after finding that the project does not meet important
and relevant elements of the General Plan, particularly in regard to the “Land Use” element,.
When taken together, the PC’s findings form a valid basis for rejecting the application, contrary
to what the staff report argues. To provide a few examples:
1.The Land Use element of the GP states that “projects in this [Downtown Core]
designation are required to comply with the design standards and guidelines as specified
12a Correspondence Received
Page 167 of 232
2
in the Downtown Zoning Code” (GP, Table 2-1, Downtown Core). Land use is the most
pertinent element of the General Plan to a development application such as this.
Quite simply, based on the three major DZC exceptions being requested by the applicant,
the project does not fulfill this requirement of the General Plan. Furthermore, the PC has
provided a solid basis on which to reject these requested exceptions, whereas the
applicant and staff have not provided findings that truly support these exceptions (see
below).
2. The Land Use element articulates a vision for the sort of development intended for
Ukiah’s urban center, stating that the “[Downtown Core] designation allows for a
combination of higher-density residential, mixed-use, office, and commercial uses.”
While high-density residential and mixed-use development is not, strictly speaking,
expressed as a requirement of the GP, the Planning Commission has reasonably
interpreted the GP to express an intention for this sort of development. Since Section
9231.5 of the DZC requires that any exception “must be found to be consistent with the
intent of the DZC and the Ukiah General Plan,” the PC has thereby made a sound finding
that the applicant’s requested exceptions for excessive setbacks and one story cannot be
supported since they result in a low-density development. Similarly, this single-use
project, while technically not disallowed here by the GP, can be deemed inconsistent with
the GP’s intention for this site, particularly when taken together with point 3 below.
3. The General Plan’s Land Use Element Table 2-1 discuss building intensity, allows a
maximum floor area ratio (FAR) of 2.5 for nonresidential development in the Downtown
Core (that is, 2.5 times the total square footage of the given parcel size).
The Planning Commission has reasonably interpreted the GP’s “allowance” of an FAR of
2.5 to express an intention for high-density nonresidential building intensity in the
Downtown Core. Furthermore, the Downtown Zoning Code requirement for a 2- to 3-
story building corresponds to the GP’s designation of a 2.5 maximum FAR and can thus
be interpreted to support the General Plan’s intention for high-density development
downtown.
However, the applicant is proposing only a 4,714 square-foot building, for an FAR of
0.22, or just 9% of what is allowed. This is in stark contrast to the many examples of
nonresidential building intensity shown in the General Plan, the lowest of which is 0.5
(see page 2-4). The parcel at 101 S. Main Street can potentially support a building of up
to 52,130 square feet, and so the proposed project falls far short of what could be
developed there.
Thus, the Planning Commission has made a sound finding that the project’s low density
is inconsistent with the GP intent and that the applicant’s requested exception to the DZC
requirement of a minimum of 2 stories cannot be granted. Conversely, it is reasonable to
disagree with the staff’s contention that a low-density, 1-story building can be supported.
Page 168 of 232
3
It is also worth noting that adding a minimum FAR to the DZC will surely be discussed
when considering forthcoming updates and that the applicant’s proposed low intensity
would likely fall below any future minimum requirement.
Why the Staff Findings/Recommendation Should Be Rejected
A major development project such as this one must be assessed rigorously in terms of the most
relevant elements of General Plan and the corresponding requirements of the Downtown Zoning
Code. The analysis and findings presented in the staff report, however, draw selectively from the
GP and DZC. The staff’s recommendations rationalize a design that on its face is not a reflection
of the City’s philosophy for future growth and development in its downtown core. The following
few examples are sufficient to demonstrate this point:
1. The staff’s GP analysis does not rigorously apply the Land Use element, which, in this
case, should serve as the primary basis for assessing a proposal involving the “physical
development” of Ukiah. Only 2 of 16 Land Use goals and only 1 of 5 “Downtown”
policies are addressed in the staff findings, despite this permit application clearly
representing a downtown land-use project.
2. The staff’s GP analysis leads with the “Economic Development” element even though the
applicant and staff do not provide any documentation supporting an increase in economic
activity. In reality, this project simply involves an existing business relocating a few
blocks from its current location, and there is no basis from which to infer any economic
impact. The applicant further stated to the Planning Commission that it has no concrete
plan to increase employment as part of this project.
3. The staff’s GP analysis emphasizes the “Mobility” element by highlighting aspects of the
design that do not go beyond what are already required for any development of this site,
such as wider sidewalks (already being planned for the Perkins Street corridor) and bike
racks (already required by code). The staff analysis cites “safe pedestrian connections”
despite this being an auto-centric development that will bring increased car traffic to an
already busy corner and without providing any documentation or analysis of new traffic
impacts. The staff references “multimodal” transportation, while, ironically, the
applicant’s current location on Orchard Street is actually closer to as many, if not more,
MTA bus routes.
4. The staff’s GP analysis omits any discussion of Ukiah’s important goals to support the
“Housing” element, despite the high priority of this issue. This omission comes even
though the site in question is located in a special downtown planning area for which the
new GP encourages high-density residential development.
5. Staff highlights the policy goal of “reuse of underutilized property” and “redevelopment
of abandoned properties” even though two local businesses operated successfully on this
site until around the time it was purchased and essentially abandoned by the applicant
themselves.
6. In their DZC analysis, the staff’s rationale essentially contradicts the GP goal to
encourage high-density development in the downtown. That is, in discussing the
applicant’s requested exceptions to the required setbacks and building height, the staff
report acknowledges that setback requirements are intended to “promote and allow for
Page 169 of 232
4
higher-density buildout” while going on to argue that requiring a high-density building is
by its very nature problematic on this site.
7. The staff presents the applicant’s own financial and business needs as suitable rationales
for granting exceptions to the DZC. However, prioritizing the needs of an applicant
whose project does not conform to the City’s zoning requirements cannot be considered a
suitable basis to support exceptions when doing so will compromise the larger vision and
aims of Ukiah’s citizens and the City’s General Plan and zoning laws.
Flawed Process
By monitoring and participating in this project’s application process so thoroughly, I have come
to the disappointing conclusion that the process has been at its heart a political drama more than
an objective assessment of a proposed project. The planning process seems NOT to have been
directed by City staff with the aim of supporting the Demolition Permit Review Committee, the
Design Review Board, the Planning Commission, and even the City Council to objectively
assess the project’s merits. . The staff appears to be “putting their thumb on the scale” and
advocating in support of the applicant’s needs instead of the citizens’ vision for our city as
described in the General Plan. Unfortunately, the staff report and recommendation for approval
provided to you for your July 19 City Council meeting are more of the same
I therefore urge you to reject the staff’s recommendation to overturn the Planning
Commission and to approve the applicant’s project.
Thank you for your consideration of my comments and for your service to the people of Ukiah.
Page 170 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Kim Gulifoyle
‐‐‐‐‐Original Message‐‐‐‐‐
From: Kim Guilfoyle <kim.guilfoyle@gmail.com>
Sent: Tuesday, July 18, 2023 10:03 AM
To: Michelle Irace <mirace@cityofukiah.com>
Subject: Redwood Credit Union
Dear Planning Commission:
I agree with the Planning Commission’s decision to deny Redwood Credit Union’s proposed design for the corner of Main
and Perkins. I have also reviewed the modified design and believe it sƟll does not meet the provisions stated in the
General Plan and the Downtown Zoning Code.
It is my understand that the focus of the General Plan is to bring in mixed‐use and pedestrian friendly development. The
Redwood Credit Union (RCU) design does not meet that basic criteria. And what makes RCU think that by making the
parking lot exit a right hand turn only on to Perkins means that people will actually do that? Anyone who has been
through the McDonald’s drive through knows that the sign at the end states “No LeŌ Hand Turn” but that is what almost
everyone does.
Sincerely,
Kim Guilfoyle
513 Walnut Avenue
Ukiah, CA 95482
Page 171 of 232
Michelle Irace, Planning Manager,
I urge you to uphold the planning commission’s decision to deny the Redwood Credit Union’s
appeal.
I have been following this issue for the last few months and have had the opportunity to sit
down with four members of the Ukiah community who are opposed to RCU’s development plan
and were instrumental in the development of the Ukiah 2040 General Plan and are highly
knowledgeable about the Downtown Zoning Codes.
From these conversaƟons the following quesƟons have come to mind:
Why the Planning Department and Redwood Credit Union have conƟnued to push for this plan,
iteraƟon aŌer iteraƟon, knowing it is in direct opposiƟon to 2040 GP’s downtown core
designaƟon for a combinaƟon of high‐density residenƟal, mixed use, office and commercial use.
As one person who worked on the GP said to me, “I’m insulted.”
How would a second‐story false‐façade, as proposed in their latest plan, fulfill the leƩer of the
law, so to speak, the downtown zoning code requirement for a 2‐3 story building whose intent is
to be uƟlized by people. How could this cosmeƟc alteraƟon possibly meet those requirements?
I frequent the library oŌen, 2‐3 Ɵmes a week, occasionally walking there from my home on the
west side and, geƫng older and slower, as many of us are who frequent the library, I someƟmes
feel like I take my life in my hands when crossing that intersecƟon. Why is there no traffic study
being done? I can only imagine how much worse it would be if the credit union moves to this
locaƟon. Not something to look forward to.
Sincerely,
Karen RiŅin
karenriŅin@gmail.com
707 391 9299
Page 172 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Moria Lawlor
From: Moria Lawlor <moriala@hotmail.com>
Sent: Tuesday, July 18, 2023 1:11 PM
To: Michelle Irace <mirace@cityofukiah.com>
Subject: Let's stick with the General Plan
I understand there is an appeal of the denial of Redwood Credit Unionʹs
proposed plan. Appealing is certainly their right but it doesnʹt seem the
changes in their plan fit with the General Plan. Please deny this appeal in
favor of the General Plan.
Thank you, Moria Lawlor
Page 173 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Kristin Ohlson
From: K Ohlson <arbusagri@gmail.com>
Sent: Tuesday, July 18, 2023 1:15 PM
To: Michelle Irace <mirace@cityofukiah.com>
Subject: Please reject the Redwood Credit Union’s latest downtown proposal
I oppose the Redwood Credit Union’s downtown proposal and urge the City of Ukiah to uphold the Planning
Commission’s decison to reject it for good reasons. The design is still around parking and atm/auto use. It is not high
density mixed use. It would set a bad precedent for future development in the downtown.
We don’t need another parking lot as a main feature for this downtown site. Regardless of trees, these lots become
heat islands and trash magnets.
The City has presented no good reason to reject the determination of the Planning Commission, whose charge is to
assess development proposals for consistency with the general plan and goals of the City.
Sincerely,
Kristin Ohlson
Page 174 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Dick Bruce
From: dicbee79@yahoo.com <dicbee79@yahoo.com>
Sent: Tuesday, July 18, 2023 12:59 PM
To: Michelle Irace <mirace@cityofukiah.com>
Subject: RCU plan
Wrong projeect for the site
Dick Bruce
Page 175 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Elizabeth Raybee
From: Elizabeth Raybee <eray@eraybeemosaics.com>
Sent: Tuesday, July 18, 2023 3:13:57 PM
To: Michelle Irace <mirace@cityofukiah.com>
Subject: Do not accept R Credit Union's appeal
They are a fine local business, but their building plan for the old Dragon's Lair site does NOT fit with the agreed upon
development for downtown Ukiah.
Thank You,
Elizabeth Raybee
809 Maple Ave
Ukiah
Page 176 of 232
Date: July 18, 2023
To: Ukiah Planning Commission
City of Ukiah, Community Development Department
300 Seminary Ave.
Ukiah, Ca. 95482
From: Alan Nicholson
3201 Mill Creek Road
Ukiah, CA 95482
Re: Major Site Development Permit for Construction of a Redwood Credit Union at 101S. Main St.
APN 002-231-001; File No. 22-7977
I agree with the Planning Commission’s determination to deny the Redwood Credit Union application.
The PC properly considered the application and the relevant General Plan and Downtown Zoning Code
provisions. I urge you to uphold the Planning Commission’s decision and to reject the applicant’s appeal.
The argument that we need to project an easy-going, business friendly city is fine, but at the same time
the city must develop with long-term goals and policies as our path to prosperity. Credit Unions and
banks do not lend money to anybody who asks for it, they have rules to follow. The city has well
researched and has substantially invested in rules and policies governing development in the urban
core.
The exceptions requested are intended to meet the applicant’s needs and do not address any conditions
related to the site itself. Granting exceptions for this reason is not the intention of the zoning code and
sets a precedent to encourage others to expect similar special exceptions.
This RCU proposal is a perfect example of sprawl inducing development. If Ukiah does not follow the GP
and DZC it is encouraging sprawl. This project is less than 10% of the allowed density for this parcel. That
is throwing away a potential 90% of buildable land and will act as another precedent to support a lack of
planning by our city and fulfill the vision of development of the Perkins Street Gateway corridor.
The Planning Commission reached a decision that accurately upholds the City’s laws and vision in the
General Plan and DZC by denying the requested exceptions. I urge you to uphold the Planning
Commission denial for the project and reject any ‘feel good’ compromise to project a ‘business friendly’
city. Trust your General Plan.
The General Plan is a vision for the city through 2040 and does not prescribe specific requirements for
individual projects. Just because it does not prescribe requirements doesn’t mean the adopted
principles can be excused or ignored. The Land Use section on non-residential density is abundantly
clear that mixed use, height, and parcel density are critical planning goals and policies.
City Planners are supposed to know about the reasons for the objectives in the GP and DZC, not make
excuses for them. In form-based planning codes, the importance of density is paramount in
distinguishing the Transects which define city forms. As a rule, the tighter the density ratio, the stronger
the sense of place and, often, the higher the real estate value. Are we to have a continuation of Pear
Tree Center around the new $450M courthouse all the way to State Street?
The Staff Report summarizes their reasoning for the required exceptions:
12a Correspondence Received
Page 177 of 232
Exception #1: Exception to maximum rear setback.
• Staff conclusion: Because of side yard building setback requirements in the DZC and the parcel
being a square corner lot, the building would have to cover nearly the entire lot uniformly as a
square building to meet all the required setbacks. Even if the access easement, also part of the
project site, was to be relocated further south on the parcel, this setback requirement would not
be achievable. As such, there is no feasible alternative to meet this maximum rear setback and
the Exception can be supported.
It is interesting that the staff is so confident in architectural problem solving to say there is no feasible
alternative. Any architect understands the building proposed is too small for the lot and the logical
solution is to increase the size of the building to conform with the DZC. To say that the building does not
meet the DZC as proposed is not a valid reason to grant an exception and demonstrates this building is
inappropriate for this location.
Exception #2: Exception to the maximum side setback.
• Staff conclusion: In addition to the conclusion related to setbacks in point #1 above,
modifications proposed in the sixth design iteration would further enhance pedestrian
improvements and connectivity along Perkins St, which is an intention of the General Plan
Downtown Core land use designation, the DZC, and the findings required for exceptions. This
Exception can be supported.
Pedestrian connectivity is a goal of the General Plan, it has nothing to do with the setback requirement
which is excessive. A 48-foot setback on Perkins Street and a 75-foot setback on Main Street clearly
violates the intent of the GP - Urban Center where a maximum setback of 10 feet is allowed.
Exception #3: Exception to the minimum height requirement.
• Staff conclusion: Rather than maximum height requirements like other sections of the City’s
zoning code, the DZC requires a minimum height, measured by the number of stories (two). At
the time of adoption of the DZC, the minimum height requirement was adopted by City Council
with the understanding that a pathway for flexibility through Exceptions would be available to
applicants if proposed buildings met the overall intent of the DZC.
Modifications within the sixth design iteration include increasing the building height from 12 ft
to 25 ft with a faux second story to pay homage to other historic buildings downtown and the
intention of the DZC. Although the building would not have two full stories, the design aesthetic
meets the intent and vision of the DZC. This Exception can be supported.
This building does not meet the overall intent of the DZC because of the aggregate required exceptions.
A story is defined in the Downtown Zoning Code as a 12-foot ceiling and a 14-foot floor to floor
maximum. There is no mention of a fake story in any code. This partial fake story is still a single story in
terms of the height requirement. In fact, the Congress of New Urbanism who compiled the template for
Ukiah’s Form Based Code explicitly recommend avoiding ‘fake’ facades. This fake story if allowed also
requires a Minor Exception according to the DZC, which the Planning Dept. fails to mention.
I urge you to uphold the Planning Commission’s denial and to reject the applicant’s appeal. Any
compromise sets an inevitable precedent for all of Ukiah and Perkins Street.
Respectfully,
Alan Nicholson
Page 178 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Kirsten Gantzel
From: Kirsten Gantzel <kgantzelart@gmail.com>
Sent: Tuesday, July 18, 2023 3:34 PM
To: Michelle Irace <mirace@cityofukiah.com>
Subject: The proposed construction of the Redwood Credit Union on Main Street
I would like to voice my concern and disapproval regarding the proposed development for the RCU at the corner of
Main Streets and Perkins.
It would create congestion in an already busy intersection. I believe our City Planners must make the safety of
pedestrians and cyclists a priority.
Making this space a bank & drive‐through will affect our quality of life. I will no longer want to walk in that area.
Sincerely,
Kirsten Gantzel
Page 179 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Maureen Mulheren
‐‐‐‐‐Original Message‐‐‐‐‐
From: Maureen Mulheren <themoyouknow@gmail.com>
Sent: Wednesday, July 19, 2023 9:12 AM
To: MeeƟng <meeƟng@cityofukiah.com>
Subject: Item 12A Redwood Credit Union
Dear Mayor and Council,
I regret that I am out of town and unable to aƩend the meeƟng in person. Please see aƩached as public comment for
item 12A.
As you know I have been involved with community development for well over a decade including aƩending Downtown
Zoning Code planning meeƟngs, Planning Commission meeƟngs and meeƟngs regarding the changes in Ukiah’s
Downtown. As many predicted the DZC has prevented any private industry to create meaningful development along the
Perkins Street corridor for a decade plus. You have before you a business that serves over 25,000 local residents and
would like to improve a key area of our downtown. There were many that menƟoned during the Planning Commission
hearings the opportunity to let businesses know that Ukiah is open for business and want to support development in a
way that is producƟve to the community. While I was on the Ukiah City Council I worked to improve the relaƟonship with
the City and local businesses and private investors, I conƟnue to do that work as a County Supervisor. I’m afraid that if
the Planning Commission decision is not overturned that will signal to the community that the City of Ukiah isn’t ready to
see private development in its downtown. Which is counter intuiƟve to the work, Ɵme and money that went in to the
Ukiah Streetscape and the desire to create walk ability and place making within our Downtown. The City spent Ɵme,
energy and money in making sure that the Courthouse remained in the Downtown, we need to focus on connecƟng the
new Courthouse locaƟon with our core downtown shopping district on State Street and School Street. We as a
community should encourage businesses that are going to bring more people Downtown and Redwood Credit Union
supports that volume that would increase foot traffic in the surrounding neighborhood. The City has also invested Ɵme,
energy and money in to the Palace Hotel and making that enƟcing for private development and plans to update School
Street as well as Streetscape Phase 2, let’s not those efforts go to waste and encourage private development to go along
with the public investment.
I’d like to talk about acƟve transportaƟon in our community and how this project leads to more pedestrian and bike
friendly opportuniƟes than having this business at its current locaƟon by having it located centrally vs on the east side of
town.
AcƟve Transporta Ɵon analysis:
Distance from future RCU site to Todd Grove Park .9 mile 18 min esƟmated Ɵme walking 5 min esƟmated Ɵme biking 3
min car travel Ɵme Distance from future RCU site to Observatory park 1.3 mile 23 min esƟmated Ɵme walking 6 min
esƟmated Ɵme biking 4 min car travel Ɵme Distance from future RCU site to Ukiah High School 1.6 mile 30 min esƟmated
Ɵme walking 7 min esƟmated Ɵme biking 5 min car travel Ɵme Distance from future RCU site to AdvenƟst Health Ukiah
Valley .4 mile 8 min esƟmated Ɵme walking 3 min esƟmated Ɵme biking 2 min car travel Ɵme Distance from future RCU
site to Orr Creek Commons .8 mile 16 min esƟmated Ɵme walking 4 min esƟmated Ɵme biking 3 min car travel Ɵme
Distance from future RCU site to Ukiah Post Office .9 mile 18 min esƟmated walking 5 min esƟmated biking 5 min car
travel Ɵme Distance from future RCU site to Walmart 1.4 mile 29 min esƟmated walking 8 min esƟmated biking 5 min car
travel Ɵme This analysis doesn’t include that the new RCU site would be within a block of the Great Redwood Trail which
Page 180 of 232
2
supports acƟve transportaƟon from end to end of the City of Ukiah. I would not want to see this business in the non‐
pedestrian bike friendly area of Airport Park Blvd.
Let’s take this opportunity to recognize that all of the work that went in to the DZC has brought no new opportuniƟes to
support private industry and use this project as a starƟng point to improve the Downtown Zoning Code in the future to
encourage community businesses to open in our downtown and importantly for our community to walk and bike for our
health and for the planet.
Thank you very much for your Ɵme and energy in working to understand our community from all sides and making
thoughƞul decisions about supporƟng the folks that live and work in this beauƟful City.
Mo Mulheren
TheMoYouKnow@gmail.com
707‐391‐3664 cell
PO Box 1908
Ukiah, CA. 95482
MaureenMulheren.com
Page 181 of 232
Date: July 18, 2023
To: Ukiah Planning Commission
City of Ukiah, Community Development Department 300 Seminary Ave.
Ukiah, Ca. 95482
From: Pinky Kushner
504 N. Oak St., Ukiah
Re: Major Site Development Permit for Construction of a Redwood Credit Union at 101S. Main
St. APN 002‐231‐001; File No. 22‐7977
I urge you to support the decision of the Planning Commission, which met twice to deliberate
the project with paƟence and intelligence. They faithfully considered both the General Plan and
the zoning codes of Ukiah.
The City AƩorney cites that State Law specifies that great deference should be afforded to the
agency’s determinaƟon. (see details at the boƩom of the page). The ‘agency’ in the Ukiah
situaƟon, however, is the Planning Commission, not city staff. It is the decision of the Planning
Commission whose knowledge, interpretaƟon and authority regarding the Ukiah Municipal
Code that is being appealed. The Napa case cited (and briefly described below) does not pertain
to the appeal being considered. Were the cited case to be considered, the conclusion would be
to uphold the decision of the Planning Commission and to deny the appeal.
In California general ciƟes, the duty of a planning commission is specified as the following:
California Code Section 65103. Each planning agency shall perform the following functions:
(57893)
(a)Prepare, periodically review, and revise, as necessary, the general plan. (57894)
(b)Implement the general plan through actions including, but not limited to, the administration
of specific plans and zoning and subdivision ordinances. (57895)
(c)Annually review the capital improvement program of the city or county and the local public
works projects of other local agencies for their consistency with the general plan, pursuant to
Article 7 (commencing with Section 65400). (57896)
(d)Endeavor to promote public interest in, comment on, and understanding of the general
plan, and regulations relating to it. (57897)
(e)Consult and advise with public officials and agencies, public utility companies, civic,
educational, professional, and other organizations, and citizens generally concerning
implementation of the general plan. (57898)
12a Correspondence Received
Page 182 of 232
(f) Promote the coordination of local plans and programs with the plans and programs of other
public agencies. (57899)
(g) Perform other functions as the legislative body provides, including conducting studies and
preparing plans other than those required or authorized by this title. (57900)
In conclusion, I urge you to consider the situaƟon carefully and to understand both the major
violaƟons of code and the innumerable minor violaƟons of code of the RCU project. Ukiah’s
Planning Commission has done an honest, complete and careful review. Please uphold their
decision.
Sincerely,
Pinky Kushner
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Quote from AƩorneys Rapport and Vaughn:
“As stated by the court in Sierra Club v. County of Napa (2004) 121 Cal.App.4th
1490, 1509‐1510:
In reviewing an agency's decision for consistency with its own plan, “we
accord great deference to the agency's determinaƟon. This is because the
body which adopted the general plan policies in its legislaƟve capacity has
unique competence to interpret those polices when applying them in its
adjudicatory capacity. [CitaƟon.] Because policies in a general plan reflect
a range of compeƟng interests, the governmental agency must be allowed to
weigh and balance the plan's policies when applying them, and it has broad
discreƟon to construe its policies in light of the plan's purposes.”
The facts:
This case involved an appeal of a decision made by the Planning Department of the City of
Napa. The appeal in that case was “whether the agency in quesƟon prejudicially abused its
discreƟon; that is, whether the agency acƟon was arbitrary, capricious, in excess of its
jurisdicƟon, enƟrely lacking in evidenƟary support, or without reasonable or raƟonal basis as a
maƩer of law.”
The facts of the Napa case are different from the Ukiah situaƟon. They involved a technical
decision about miƟgaƟon measures for the loss of .461 acres of seasonal wetlands. The
project’s miƟgaƟon measures “ to end caƩle grazing in the area, restore a nearby creek, replant
it with naƟve vegetaƟon and protect it by establishing 50‐foot setbacks on both sides of the
bank, permanently protect [..] approximately 20 acres as an aquaƟc/riparian corridor through
the site […….] protect approximately 2.9 acres of wetlands located on the northeastern porƟon
of the site by means of a buffer zone of 250 feet [….and] create an addiƟonal 1.14 acres of
wetlands that also will be protected by a 250‐foot buffer zone.”
Page 183 of 232
The appeals court rejected the appeal and ruled that staff was correct in allowing the loss of less
than a half an acre of wetland given the mulƟtude of miƟgaƟng measures being required.
Page 184 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Michelle Johnson
Attachments:CitizensGuidetoLandUsePlanninginCalifornia.pdf
From: Michelle Johnson <johnson.birdsall.michelle@gmail.com>
Sent: Wednesday, July 19, 2023 3:51 PM
To: Kristine Lawler <klawler@cityofukiah.com>
Subject: July 19, 2023, Public Comment Agenda Item 12a
Good evening Mayor Rodin, and honorable Council Members,
In light of tonight's meeting, I have provided the attached document prepared by the State of California Governor's
Office of Planning and Research for additional clarity on the relationship between the local General Plan, the "blueprint"
for future development, and the interdependent relationship with the zoning ordinance "local law that spells out the
immediate, allowable uses for each piece of property within the community. In all counties, general law cities, and the
city of Los Angeles, zoning must comply with the general plan. This rule does not apply to charter cities. The purpose of
zoning is to implement the policies of the general plan.”
Thank you for your time; your service is appreciated.
Kind regards,
‐Michelle
Page 185 of 232
INTRODUCTION
This is a citizen's guide to land use planning as it is practiced in California. Its
purpose is to explain, in general terms, how local communities regulate land use and
to define some commonly used planning terms. The booklet covers the following
topics:
State Law and Local Planning
The General Plan
Zoning
Subdivisions
Other Ordinances and Regulations
Annexation and Incorporation
The California Environmental Quality Act
A Glossary of Planning Terms
Bibliography: A Few Good Books
Cities and counties "plan" in order to identify important community issues (such as
new growth, housing needs, and environmental protection), project future demand
for services (such as sewer, water, roads, etc.), anticipate potential problems (such
as overloaded sewer facilities or crowded roads), and establish goals and policies for
directing and managing growth. Local governments use a variety of tools in the
planning process including the general plan, specific plans, zoning, and the
subdivision ordinance.
The examples discussed here represent common procedures or methods, but are by
no means the only way of doing things. State law establishes a framework for local
planning procedures, but cities and counties adopt their own unique responses to the
issues they face. The reader is encouraged to consult the bibliography for more
information on planning in general and to contact your local planning department
for information on planning in your community.
Page 186 of 232
STATE LAW AND LOCAL PLANNING
tate law is the foundation for local planning in California. The California
Government Code (Sections 65000 et seq.) contains many of the laws pertaining to
the regulation of land uses by local governments including: the general plan
requirement, specific plans, subdivisions, and zoning.
However, the State is seldom involved in local land use and development decisions;
these have been delegated to the city councils and boards of supervisors of the
individual cities and counties. Local decisionmakers adopt their own sets of land use
policies and regulations based upon the state laws.
Plan and Ordinances
There are currently 533 incorporated cities and counties in California. State law
requires that each of these jurisdictions adopt "a comprehensive, long-term general
plan for [its] physical development." This general plan is the official city or county
policy regarding the location of housing, business, industry, roads, parks, and other
land uses, protection of the public from noise and other environmental hazards, and
conservation of natural resources. The legislative body of each city (the city council)
and each county (the board of supervisors) adopts zoning, subdivision and other
ordinances to regulate land uses and to carry out the policies of its general plan.
There is no requirement that adjoining cities or cities and counties have identical, or
even similar, plans and ordinances. Cities and counties are distinct and independent
political units. Each city, through its council and each county, through its
supervisors, adopts its own general plan and development regulations. In turn, each
of these governments is responsible for the planning decisions made within its
jurisdiction.
Hearing Bodies
In most communities, the city council or board of supervisors has appointed one or
more hearing bodies to assist them with planning matters. The titles and
responsibilities of these groups vary from place-to-place, so check with your local
planning department regarding regulations in your area. Here are some of the more
common types of hearing bodies and their usual responsibilities:
• The Planning Commission: considers general plan and specific plan
amendments, zone changes, and major subdivisions.
• The Zoning Adjustment Board: considers conditional use permits,
variances, and other minor permits.
• Architectural Review or Design Review Board: reviews projects to ensure
that they meet community aesthetic standards.
In some cities and counties, these bodies simply advise the legislative body on the
proposals that come before them, leaving actual approval to the council or board of
supervisors. More commonly, these bodies have the power to approve proposals,
subject to appeal to the council or board of supervisors. These hearing bodies,
Page 187 of 232
however, do not have final say on matters of policy such as zone changes and
general or specific plan amendments.
Hearings
State law requires that local governments hold public hearings prior to most
planning actions. At the hearing, the council, board, or advisory commission will
explain the proposal, consider it in light of local regulations and environmental
effects, and listen to testimony from interested parties. The council, board, or
commission will vote on the proposal at the conclusion of the hearing.
Depending upon each jurisdiction's local ordinance, public hearings are not always
required for minor land subdivisions, architectural or design review or ordinance
interpretations. The method of advertising hearings may vary. At a minimum,
counties and cities must publish notice of general plan adoption and amendment in
the newspaper. Notice of a proposed general plan amendment affecting allowable
land uses, zone change, conditional use permit, variance, and subdivision tract is
published in the newpaper and mailed to nearby property owners.
THE GENERAL PLAN
The Blueprint
The local general plan can be described as the city's or county's "blueprint" for
future development. It represents the community's view of its future; a constitution
made up of the goals and policies upon which the city council, board of supervisors,
and planning commission will base their land use decisions. To illustrate its
importance, all subdivisions, public works projects, and zoning decisions (except in
charter cities other than Los Angeles) must be consistent with the general plan. If
inconsistent, they must not be approved.
Long-range Emphasis
The general plan is not the same as zoning. Although both designate how land may
be developed, they do so in different ways. The general plan and its diagrams have a
long-term outlook, identifying the types of development that will be allowed, the
spatial relationships among land uses, and the general pattern of future development.
Zoning regulates present development through specific standards such as lot size,
building setback, and a list of allowable uses. In counties and general law cities, the
land uses shown on the general plan diagrams will usually be reflected in the local
zoning maps as well. Development must not only meet the specific requirements of
the zoning ordinance, but also the broader policies set forth in the local general plan.
Contents
State law requires that each city and each county adopt a general plan containing the
following seven components or "elements": land use, circulation, housing,
conservation, open-space, noise, and safety (Government Code Sections 65300 et
seq.). At the same time, each jurisdiction is free to adopt a wide variety of additional
Page 188 of 232
elements covering subjects of particular interest to that jurisdiction such as
recreation, urban design, or public facilities.
Most general plans consist of: (1) a written text discussing the community's goals,
objectives, policies, and programs for the distribution of land use; and, (2) one or
more diagrams or maps illustrating the general location of existing and future land
uses. Figure 1is an example of a general plan diagram.
Each local government chooses its own general plan format. The plan may be
relatively short or long, one volume or ten volumes, depending upon local needs.
Some communities, such as the City of San Jose, have combined the required
elements into one document and most communities have adopted plans which
consolidate the elements to some extent.
State law requires that local governments make copies of their plans available to the
public for reference. Copies can be sold to the public for the cost of reproduction.
Planning Issues
Although state law establishes a set of basic issues for consideration in local general
plans, each city and county determines the relative importance of each issue to local
planning and decides how they are to be addressed in the general plan. As a result,
no two cities or counties have plans which are exactly alike in form or content. Here
is a summary of the basic issues, by element:
• The land use element designates the general location and intensity of
housing, business, industry, open space, education, public buildings and
grounds, waste disposal facilities, and other land uses.
• The circulation element identifies the general location and extent of existing
and proposed major roads, transportation routes, terminals, and public
utilities and facilities. It must be correlated with the land use element.
• The housing element is a comprehensive assessment of current and
projected housing needs for all economic segments of the community. It sets
forth local housing policies and programs to implement those policies.
• The conservation element addresses the conservation, development, and use
of natural resources including water, forests, soils, rivers, and mineral
deposits.
• The open-space element details plans and measures for preserving open-
space for natural resources, the managed production of resources, outdoor
recreation, public health and safety, and the identification of agricultural
land.
• The noise element identifies and appraises noise problems within the
community and forms the basis for distributing new noise-sensitive land
uses.
• The safety element establishes policies and programs to protect the
community from risks associated with seismic, geologic, flood, and wildfire
hazards.
Approving the Plan
Page 189 of 232
The process of adopting or amending a general plan requires public participation.
Cities and counties must hold public hearings for such proposals. Advance notice of
the place and time of the hearing must be published in the newspaper or posted in
the vicinity of the site proposed for change. Prior to approval, hearings will be held
by the advisory body such as the planning commission. The general plan must be
adopted by resolution by the legislative body of each city or county.
Community and Specific Plans
"Community plans" and "specific plans" are often used by cities and counties to plan
the future of a particular area at a finer level of detail than that provided by the
general plan. A community plan is a portion of the local general plan focusing on
the issues pertinent to a particular area or community within the city or county. It
supplements the policies of the general plan.
Specific plans describe allowable land uses, identify open space, and detail the
availability of facilities and financing for a portion of the community. Specific plans
must be consistent with the local general plan. A specific plan implements but is not
technically a part of the general plan. In some jurisdictions, specific plans take the
place of zoning. Zoning, subdivision, and public works decisions must be consistent
with any applicable specific plan.
ZONING
The general plan is a long-range policy document that looks at the future of the
community. A zoning ordinance is the local law that spells out the immediate,
allowable uses for each piece of property within the community. In all counties,
general law cities, and the city of Los Angeles, zoning must comply with the general
plan. This rule does not apply to charter cities.
The purpose of zoning is to implement the policies of the general plan.
Zones
Under the concept of zoning, various kinds of land uses are grouped into general
categories or "zones" such as single-family residential, multi-family residential,
neighborhood commercial, light industrial, agricultural, etc. A typical zoning
ordinance describes 20 or more different zones which may be applied to land within
the community. Each piece of property in the community is assigned a zone listing
the kinds of uses that will be allowed on that land and setting standards such as
minimum lot size, maximum building height, and minimum front yard depth. The
distribution of residential, commercial, industrial, and other zones will be based on
the pattern of land uses established in the community's general plan. Maps are used
to keep track of the zoning for each piece of land (an example of a zoning map is
shown in Figure 2).
Zoning is adopted by ordinance and carries the weight of local law. Land may be
put only to those uses allowed by the applicable zoning classification. For example,
if a commercial zone does not allow five-story office buildings, then no such
Page 190 of 232
building could be built on the lands which have been assigned that zone. A zoning
ordinance has two parts: (1) a precise map or maps illustrating the distribution of
zones within the community; and, (2) a text which identifies the specific land uses
and development standards allowed in each zone.
Rezoning
The particular zone determines the uses to which land may be put. If a landowner
proposes a use that is not allowed in the zone, the city or county could approve a
rezoning (change in zone) to allow that development. The local planning
commission and the city council or county board of supervisors must hold public
hearings before property may be rezoned. The hearings must be advertised in
advance and notice mailed directly to surrounding property owners. The council or
board is not obligated to approve requests for rezoning and, except in charter cities,
must deny such requests when the proposed zone conflicts with the general plan.
Overlay Zones
In addition to the zoning applied to each parcel of land, many cities and counties use
"overlay zones" to further regulate development in areas of special concern. Lands
in historic districts, downtowns, floodplains, near earthquake faults or on steep
slopes are often subject to having additional regulations "overlain" upon the basic
zoning requirements. For example, a lot that is within a single-family residential
zone and also subject to a steep-slope overlay zone, must meet the development
requirements of both zones when it is developed.
Prezoning
Cities may "prezone" lands located within the surrounding county in the same way
that they approve zoning within the city. Prezoning is done before annexation of the
land to the city in order to facilitate its transition into the city boundaries. Prezoning
does not change the allowable uses of the land nor the development standards until
such time as the site is officially annexed to the city. Likewise, land that has been
prezoned continues to be subject to county zoning regulations until annexation is
completed.
Variances
A variance is a limited waiver of development standards for a use that is otherwise
permitted in that zone. The city or county may grant a variance in special cases
where: (1) application of the zoning regulations would deprive property of the uses
enjoyed by nearby, similarly zoned lands; and (2) restrictions have been imposed to
ensure that the variance will not be a grant of special privilege. A city or county may
not grant a variance that would permit a use that is not otherwise allowed in that
zone (for example, a commercial use could not be approved in a residential zone by
variance). Typically, variances are considered when the physical characteristics of
the property make it difficult to develop. For instance, in a situation where the rear
half of a lot is a steep slope, a variance might be approved to allow a house to be
built closer to the street than usually allowed. Variance requests require a public
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hearing and neighbors are given the opportunity to testify. The local hearing body
then decides whether to approve or deny the variance.
Conditional Use Permits
Most zoning ordinances identify certain land uses which do not precisely fit into
existing zones, but which may be allowed upon approval of a conditional use permit
(sometimes called a special use permit or a CUP). These might include community
facilities (such as hospitals or schools), public buildings or grounds (such as fire
stations or parks), temporary or hard-to-classify uses (such as Christmas tree sales or
small engine repair), or land uses with potentially significant environmental impacts
(hazardous chemical storage or a house in a floodplain). The local zoning ordinance
specifies those uses for which a conditional use permit may be requested, which
zones they may be requested in, and the public hearing procedure.
As with rezoning and variances, a public hearing must be held to consider a CUP. If
the local planning commission or zoning board approves the use, it will usually do
so subject to certain conditions being met by the permit applicant. Alternatively, it
may deny uses which do not meet local standards.
SUBDIVISIONS
In general, land cannot be divided in California without local government approval.
Dividing land for sale, lease or financing is regulated by local ordinances based on
the State Subdivision Map Act (commencing with Government Code Section
66410). The local general plan, zoning, subdivision, and other ordinances govern the
design of the subdivision, the size of its lots, and the types of improvements (street
construction, sewer lines, drainage facilities, etc.). In addition, the city or county
may impose a variety of fees upon the subdivision, depending upon local and
regional needs, such as school impact fees, park fee, etc. Contact your local
planning department for information on local requirements and procedures.
Subdivision Types
There are basically two types of subdivisions: parcel maps, which are limited to
divisions resulting in fewer than five lots (with certain exceptions), and subdivision
maps (also called tract maps), which apply to divisions resulting in five or more lots.
Applications for both types of land divisions must be submitted to the local
government for consideration in accordance with the local subdivision ordinance
and the Subdivision Map Act.
Processing
Upon receiving an application for a subdivision map, the city or county staff will
examine the design of the subdivision to ensure that it meets the requirements of the
general plan, the zoning ordinance, and the local subdivision ordinance. A public
hearing must be held prior to approval of a tentative tract map. Parcel maps may
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also be subject to a public hearing, depending upon the requirements of the local
subdivision ordinance.
Final Approval
Approval of a tentative tract map or parcel map generally means that the subdivider
will be responsible for installing improvements such as streets, drainage facilities or
sewer lines to serve the subdivision. These improvements must be installed or
secured by bond before the city or county will grant final approval of the map and
allow the subdivision to be recorded in the county recorder's office. Lots within the
subdivision cannot be sold until the map has been officially recorded. The
subdivider has at least two years (and depending upon local ordinance, usually
more) in which to comply with the improvement requirements, gain final
administrative approval, and record the final map. Parcel map requirements may
vary dependent upon local ordinance requirements. Figure 3 illustrates a typical
subdivision map.
OTHER ORDINANCES AND REGULATIONS
Cities and counties often adopt other ordinances besides zoning and subdivision to
protect the general health, safety, and welfare of their inhabitants. Contact your local
planning department for information on the particular ordinances in effect in your
area. Common types include: flood protection, historic preservation, design review,
hillside development control, growth management, impact fees, traffic management,
and sign control.
Local ordinances may also be adopted in response to state requirements. Examples
include: Local Coastal Programs (California Coastal Act); surface mining
regulations (Surface Mining and Reclamation Act); earthquake hazard standards
(Alquist-Priolo Special Studies Zone Act); and hazardous material disclosure
requirements. These regulations are generally based on the applicable state law.
ANNEXATION AND INCORPORATION
The LAFCO
Annexation (the addition of territory to an existing city) and incorporation (creation
of a new city) are controlled by the Local Agency Formation Commission (LAFCO)
established in each county by the state's Cortese-Knox-Hertzberg Act (commencing
with Government Code Section 56000). The commission is made up of elected
officials from the county, cities, and, in some cases, special districts. LAFCO duties
include: establishing the "spheres of influence" that designate the service areas of
cities and special districts; studying and approving requests for city annexations;
and, studying and approving proposals for city incorporations. Below is a very
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general discussion of annexation and incorporation procedures. For detailed
information on this complex subject, contact your county LAFCO.
Annexation
When the LAFCO receives an annexation request, it will convene a hearing to
determine the worthiness of the proposal and may deny or conditionally approve the
request based on the policies of the LAFCO and state law. Annexation requests
which receive tentative LAFCO approval are delegated to the affected city for
hearings and, if necessary, an election. Annexations which have been passed by vote
of the inhabitants or which have not been defeated by protest (in cases where no
election was required) must be certified by the LAFCO as to meeting all its
conditions before they become final. It is the LAFCO, not the city, that is ultimately
responsible for the annexation process.
Incorporation
When the formation of a new city is proposed, the LAFCO studies the economic
feasibility of the proposed city, its impact on the county and special districts, and its
ability to provide public services. A new city must be shown to be "revenue neutral"
with regard to the tax revenues lost by the county as a result of incorporation and the
cost of current services to the proposed city. If the feasibility of the proposed city
cannot be shown, the LAFCO can terminate the proceedings. If the proposed city
appears to be feasible, LAFCO will refer the proposal to the county board of
supervisors for hearing along with a set of conditions to be met upon incorporation.
If the supervisors do not receive protests from a majority of the involved voters, an
election will be held among the voters within the proposed city boundaries to create
the city. The voters elect the first council at the same election.
THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
The California Environmental Quality Act (commencing with Public Resources
Code Section 21000) requires local and state governments to consider the potential
environmental effects of a project before deciding whether to approve it. CEQA's
purpose is to disclose the potential impacts of a project, suggest methods to
minimize those impacts, and discuss alternatives to the project so that decision
makers will have full information upon which to base their decision. The term
"project" is defined broadly in CEQA. It includes all of the actions discussed in this
paper -- from annexations to zoning.
CEQA is a complex law with a great deal of subtlety and local variation. The
following discussion is extremely general. The basic requirements and
administrative framework for local governments' CEQA responsibilities are
described in the California Environmental Quality Act: Statutes and Guidelines. For
more information, readers should contact their local planning department or refer to
the CEQA listings in the bibliography.
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Lead Agency
The "lead agency" is responsible for seeing that environmental review is done in
accordance with CEQA and that environmental analyses are prepared when
necessary. The agency with the principal responsibility for issuing permits to a
project (or for carrying out the project) is deemed to be the "lead agency." As lead
agency, it may prepare the environmental analysis itself or it may contract for the
work to be done under its direction. In practically all local planning matters (such as
rezoning, conditional use permits, and specific plans) the planning department is the
lead agency.
Preliminary Review
Analyzing a project's potential environmental effect is a multistep process. Many
minor projects are exempt from the CEQA requirements. Typically, these include
single-family homes, remodeling, accessory structures, and minor lot divisions (for
a complete list refer to California Environmental Quality Act: Statutes and
Guidelines). No environmental review is required when a project is exempt from
CEQA.
When a project is subject to review under CEQA, the lead agency prepares an
"initial study" to assess the potential adverse physical impacts of the proposal.
Negative Declarations and EIRs
If the initial study shows that the project will not cause a "significant" impact on the
environment or when it has been revised to eliminate all such impacts, a "negative
declaration" is prepared. The negative declaration describes why the project will not
have a significant impact and may require that the project incorporate a number of
measures (called "mitigation measures") ensuring that there will be no such impact.
If significant environmental effects are identified, then an Environmental Impact
Report (EIR) must be written before the project can be considered by decision
makers. An EIR discusses the proposed project, its environmental setting, its
probable impacts, realistic means of reducing or eliminating those impacts, its
cumulative effects, and alternatives to the project. CEQA requires that draft
Negative Declarations and EIRs be made available for review by the public and
other agencies prior to consideration of the project. The review period allows
concerned citizens and agencies to comment on the completeness and adequacy of
the environmental review prior to its completion.
When the decision making body (the city council, board of supervisors, or other
board or commission) approves a project, it must certify the adequacy of the
environmental review. If its decision to approve a project will result in unavoidable
significant impacts, the decision making body must not only certify the EIR, but
also state, in writing, its overriding reasons for granting the approval and how the
impacts are to be addressed.
A Negative Declaration or an EIR is an informational document. It does not, in
itself, approve or deny a project. Environmental analysis must be done as early as
possible in the process of considering a project and must address the entire project.
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There are several different types of EIRs that may be prepared, depending upon the
project. They are described in the California Environmental Quality Act: Statutes
and Guidelines.
A GLOSSARY OF PLANNING TERMS
These are some commonly used planning terms. This list includes several terms that
are not discussed in this booklet.
Board of Supervisors
A county's legislative body. Board members are elected by popular vote and are
responsible for enacting ordinances, imposing taxes, making appropriations, and
establishing county policy. The board adopts the general plan, zoning, and
subdivision regulations.
The "Brown Act"
The Ralph M. Brown Open Meeting Act (commencing with Government Code
Section 54950) requires cities and counties to provide advance public notice of
hearings and meetings of their councils, boards, and other bodies. Meetings and
hearings with some exceptions must be open to the public.
CEQA
The California Environmental Quality Act (commencing with Public Resources
Code Section 21000). In general, CEQA requires that all private and public projects
be reviewed prior to approval for their potential adverse effects upon the
environment.
Charter City
A city which has been incorporated under its own charter rather than under the
general laws of the state. Charter cities have broader powers to enact land use
regulations than do general law cities. All of California's largest cities are charter
cities.
City Council
A city's legislative body. The popularly elected city council is responsible for
enacting ordinances, imposing taxes, making appropriations, establishing policy,
and hiring some city officials. The council adopts the local general plan, zoning, and
subdivision ordinance.
COG
Council of Governments. There are 25 COGs in California made up of elected
officials from member cities and counties. COGs are regional agencies concerned
primarily with transportation planning and housing; they do not directly regulate
land use.
Community Plan
A portion of the local general plan that focuses on a particular area or community
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within the city or county. Community plans supplement the policies of the general
plan.
Conditional Use Permit
Pursuant to the zoning ordinance, a conditional use permit (CUP) may authorize
uses not routinely allowed on a particular site. CUPs require a public hearing and if
approval is granted, are usually subject to the fulfillment of certain conditions by the
developer. Approval of a CUP is not a change in zoning.
Density Bonus
An increase in the allowable number of dwelling units granted by the city or county
in return for the project's providing low- or moderate-income housing (see
Government Code Section 65915).
Design Review Committee
A group appointed by the city council to consider the design and aesthetics of
development within design review zoning districts.
Development Fees
Fees charged to developers or builders as a prerequisite to construction or
development approval. The most common are: (1) impact fees (such as parkland
acquisition fees, school facilities fees, or street construction fees) related to funding
public improvements which are necessitated in part or in whole by the development;
(2) connection fees (such as water line fees) to cover the cost of installing public
services to the development; (3) permit fees (such as building permits, grading
permits, sign permits) for the administrative costs of processing development plans;
and, (4) application fees (rezoning, CUP, variance, etc.) for the administrative costs
of reviewing and hearing development proposals.
Downzone
This term refers to the rezoning of land to a more restrictive or less intensive zone
(for example, from multi-family residential to single-family residential or from
residential to agricultural).
EIR
Environmental Impact Report. A detailed review of a proposed project, its potential
adverse impacts upon the environment, measures that may avoid or reduce those
impacts, and alternatives to the project.
Final Map Subdivision
Final map subdivisions (also called tract maps or major subdivisions) are land
divisions which create five or more lots. They must be consistent with the general
plan and are generally subject to stricter requirements than parcel maps. Such
requirements may include installing road improvements, the construction of
drainage and sewer facilities, parkland dedications, and more.
Floor Area Ratio
Abbreviated as FAR, this is a measure of development intensity. FAR is the ratio of
the amount of floor area of a building to the amount of area of its site. For instance,
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a one-story building that covers an entire lot has an FAR of 1. Similarly, a one-story
building that covers 1/2 of a lot has an FAR of 0.5.
General Law City
A city incorporated under and administered in accordance with the general laws of
the state.
General Plan
A statement of policies, including text and diagrams setting forth objectives,
principles, standards, and plan proposals, for the future physical development of the
city or county (see Government Code Sections 65300 et seq.).
"Granny" Housing
Typically, this refers to a second dwelling attached to or separate from the main
residence that houses one or more elderly persons. California Government Code
65852.1 enables cities and counties to approve such units in single-family
neighborhoods.
Impact Fees
See Development Fees.
Infrastructure
A general term describing public and quasi-public utilities and facilities such as
roads, bridges, sewers and sewer plants, water lines, power lines, fire stations, etc.
Initial Study
Pursuant to CEQA, an analysis of a project's potential environmental effects and
their relative significance. An initial study is preliminary to deciding whether to
prepare a negative declaration or an EIR.
Initiative
A legislative measure which has been placed on the election ballot as a result of
voter signatures. At the local level, initiatives usually propose changes or additions
to the general plan and zoning ordinance. The right to initiative is guaranteed by the
California Constitution.
LAFCO
Local Agency Formation Commission. The Cortese-Knox Act (commencing with
Government Code Section 56000) establishes a LAFCO made up of elected officials
of the county, cities, and, in some cases, special districts in each county. The 57
LAFCOs establish spheres of influence for all the cities and special districts within
the county. They also consider incorporation and annexation proposals.
Mitigation Measure
The California Environmental Quality Act requires that when an adverse
environmental impact or potential impact is identified, measures must be proposed
that will eliminate, avoid, rectify, compensate for or reduce those environmental
effects.
Negative Declaration
When a project is not exempt from CEQA and will not have a significant adverse
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effect upon the environment a negative declaration must be prepared. The negative
declaration is an informational document that describes the reasons why the project
will not have a significant effect and proposes measures to completely mitigate or
avoid any possible effects.
Overlay Zone
A set of zoning requirements that is superimposed upon a base zone. Overlay zones
are generally used when a particular area requires special protection (as in a historic
preservation district) or has a special problem (such as steep slopes, flooding or
earthquake faults). Development of land subject to overlay zoning requires
compliance with the regulations of both the base and overlay zones.
Parcel Map
A minor subdivision resulting in fewer than five lots. The city or county may
approve a parcel map when it meets the requirements of the general plan and all
applicable ordinances. The regulations governing the filing and processing of parcel
maps are found in the state Subdivision Map Act and the local subdivision
ordinance.
Planned Unit Development (PUD)
Land use zoning which allows the adoption of a set of development standards that
are specific to the particular project being proposed. PUD zones usually do not
contain detailed development standards; these are established during the process of
considering the proposals and adopted by ordinance if the project is approved.
Planning Commission
A group of residents appointed by the city council or board of supervisors to
consider land use planning matters. The commission's duties and powers are
established by the local legislative body and might include hearing proposals to
amend the general plan or rezone land, initiating planning studies (road alignments,
identification of seismic hazards, etc.), and taking action on proposed subdivisions.
Referendum
A ballot measure challenging a legislative action by the city council or county board
of supervisors. When sufficient voter signatures are filed before the council or board
action becomes final, the council or board must either set aside its action or call an
election on the matter. Use permits, variances, and subdivisions cannot be
challenged by referendum.
School Impact Fees
Proposition 13 put a limit on property taxes and thereby limited the main source of
funding for new school facilities. California law allows school districts to impose
fees on new developments to offset their impacts on area schools.
Setback
A minimum distance required by zoning to be maintained between two structures or
between a structure and property lines.
Specific Plan
A plan addressing land use distribution, open space availability, infrastructure, and
infrastructure financing for a portion of the community. Specific plans put the
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provisions of the local general plan into action (see Government Code Sections
65450 et seq.).
Tentative Map
The map or drawing illustrating a subdivision proposal. The city or county will
approve or deny the proposed subdivision based upon the design depicted by the
tentative map. A subdivision is not complete until the conditions of approval
imposed upon the tentative map have been satisfied and a final map has been
certified by the city or county and recorded with the county recorder.
Tract Map
See final map subdivision.
Variance
A limited waiver from the property developement standards of the zoning
ordinance. Variance requests are subject to public hearing, usually before a zoning
administrator or board of zoning adjustment. Variances do not allow a change in
land use.
Zoning
Local codes regulating the use and development of property. The zoning ordinance
divides the city or county into land use districts or "zones", represented on zoning
maps, and specifies the allowable uses within each of those zones. It establishes
development standards for each zone, such as minimum lot size, maximum height of
structures, building setbacks, and yard size.
Zoning Adjustment Board
A group appointed by the local legislative body to consider minor zoning
adjustments such as conditional use permits and variances. It is empowered to
conduct public hearings and to impose conditions of approval. Its decisions may be
appealed to the local legislative body.
Zoning Administrator
A planning department staff member responsible for hearing minor zoning permits.
Typically, the zoning administrator considers variances and conditional use permits
and may interpret the provisions of the zoning ordinance when questions arise.
His/her decision may be appealed to the local legislative body.
BIBLIOGRAPHY: A FEW GOOD BOOKS
The reader is encouraged to refer to the following books for a better understanding
of planning in California.
California Environmental Quality Act: Statutes and Guidelines (Governor's Office
of Planning and Research, Sacramento, California). The CEQA Guidelines describe
the requirements for evaluating environmental impacts. Out of print; check in the
government documents section of your local library, or CERES website at
ceres.ca.gov/ceqa.
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California Land Use and Planning Law, by Daniel J. Curtin Jr., (Solano Press, Pt.
Arena, California), revised annually. A look at the planning, zoning, subdivision,
and environmental quality laws that is illustrated by references to numerous court
cases.
The General Plan Guidelines (Governor's Office of Planning and Research,
Sacramento, California). The Guidelines discuss local planning activities and how
to write or revise a general plan.
Growth Within Bounds: Report of the Commission on Local Governance for the
21st Century, 2000. Recommendations on future local governance options,
including LAFCO reform. Out of print; check in the government documents section
of your local library, or the Commission website at www.clg21.ca.gov.
A Guide to Planning in California, (League of Women Voters of California,
Sacramento, California). An excellent summary of the processes of local and state
government.
Guide to California Planning, by William J. Fulton (Solano Press, Point Arena,
California).A lively, well-written discussion of nearly every aspect of planning in the
State.
Open and Public: A User's Guide to The Ralph M. Brown Act, by the League of
California Cities (League of California Cities, Sacramento, California), 1994. An
easy to read explanation of the state's open meeting laws and the responsibilities of
local government with regard to public meetings.
Subdivision Map Act Manual, by Daniel J. Curtin, Jr., (Solano Press, Pt. Arena,
California), revised annually. A practitioner's guide to the Map Act, including
pertinent legal precedents.
Source: http://ceres.ca.gov/planning/planning_guide/plan_index.html, 11 May 2015. Content from
this site is being migrated to https://gis.cnra.ca.gov/.
Page 201 of 232
1
Kristine Lawler
Subject:12a Correspondence Received - Narissa Gowan
Importance:High
‐‐‐‐‐Original Message‐‐‐‐‐
From: Narissa Gowan <galacƟcsnow08@gmail.com>
Sent: Wednesday, July 19, 2023 3:13 PM
To: MeeƟng <meeƟng@cityofukiah.com>
Subject: RCU RelocaƟon
Hello, this is Narissa Gowan, owner of LiƩle Brown Bear in Ukiah. I am wriƟng in support of RCU moving onto the
property the was for many years known as the Dragons Lair. I believe this change would bring the City of Ukiah their wish
to uƟlize the downtown design which was made to aƩract visitors and create a tourist like desƟnaƟon. Visitors may easily
walk from the bank to shops and restaurants and the traffic will ideally keep transients from squaƫng along that enƟre
property, potenƟally deterring visitors and harming the visual estheƟc of Ukiah.
Also, I hope the City takes into consideraƟon the fact that RCU is a bank that serves its community to the best of its
abiliƟes and that I’m sure this community would be very grateful to have the bank funcƟon with more space and
availability for its members.
I urge the City to stand by their commitment to growth while supporƟng local businesses.
‐Narissa Gowan
Owner of LiƩle Brown Bear
123 South Main St Ukiah CA
Page 202 of 232
Page 1 of 2
Agenda Item No: 13.a.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2856
AGENDA SUMMARY REPORT
SUBJECT: Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation
Work at the Electric Utility Service Center at Hastings.
DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director
PRESENTER: Cindy Sauers, Electric Utility Director.
ATTACHMENTS:
None
Summary: The Council will receive a status report of the emergency contract with West Coast Fire & Water
for fire remediation work at the Electric Utility Service Center at Hasting, and will consider approving the
work to continue under the emergency contract.
Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq. ft. building located
at 1350 Hasting Rd (The Electric Service Center) to house the Electric Utility Department’s operations. The
Electric Service Center will centralize electric operations for Engineering, Construction and Technical
Services. In addition, the Department intends to use the Electric Service Center for training, material
warehousing and construction preparation.
On August 5, 2020, the City Council adopted the plans and specifications for the grading, fencing, roofing and
electric equipment relocation. This work was completed on March 2, 2023.
On the morning of March 8, 2023, a fire broke out at the Electric Utility Department's Service Center located at
1350 Hastings Road. The source of the fire was the electrical failure of a bathroom ceiling fan. The Ukiah
Valley Fire Authority responded to the incident, and was successful in putting the fire out. However, significant
smoke and water damage occurred, as well as structural damage to the building.
West Coast Fire and Water was contacted and was able to respond in a timely manner to assess the fire,
smoke and water damage. They were able to secure the building and cover exposed areas to prevent
additional water intrusion from the impending precipitation. The City Purchasing, Risk Management, and
Electric Departments worked with McLarens, the Claims Adjuster for the City's self-insured liability Program
through its membership in the California Intergovernmental Risk Authority (CIRA), and West Coast Water and
Fire to develop a Scope of Work and Contract for the remediation of the fire, water, and smoke
damage. Please see Attachment 2 for a copy of the agreement.
There are no expected costs to the City at the time, as the City opted to review all invoices and provide
authority to McLarens to pay West Coast directly. The City, however, executed a contract with West Coast
Fire and Water to complete the Scope of Work.
The initial cost estimate for this remediation was over $200,000. The scope of work that is being performed
under this contract falls under the definition of "public project", as it involves demolition and repair
work involving a publicly owned facility. The City Manager, under his authority, authorized proceeding with
the work as an emergency, since the event was sudden and unexpected, and required immediate action for
the protection of City (public) property. Due to structural issues, and immediate mold growth, time was of the
Page 203 of 232
Page 2 of 2
essence, and bidding for this work as per the normal requirements of the California Uniform Cost Accounting
Act, was not an option. Under these circumstances, public bidding is excused. At their Council meeting on
April 5, 2023, the Council initially received the report regarding this contract, and approved by a four-fifths
vote (one councilmember absent) for the work to continue under these emergency circumstances.
Discussion: As of Friday, April 7, 2023, the remediation work on the structure was completed. After two
rounds of cleaning the electronics, all items have been returned and appear to be in working order. The City
has a two-year warranty period should there be additional issues with the equipment. As part of the
assessment of damages, McLarens required an independent estimate of damage to restore the building to
pre-fire condition. This was required to evaluate the estimate provided by the City's structural engineering
consultant and architect. Currently, the City is waiting on the results of this estimate. Staff will continue to
work with West Coast Fire and Water and the insurance provider to wrap up these items.
Staff is requesting the Council's approval to continue using the emergency contract.
Recommended Action: Receive a status report, and approve the continued work on the emergency contract
with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Insurance Proceeds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-177
COORDINATED WITH: Cindy Sauers, Electric Utility Director, Sheri Mannion, HR & Risk Management
Director and Dave Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 204 of 232
Page 1 of 3
Agenda Item No: 14.a.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2839
AGENDA SUMMARY REPORT
SUBJECT: Annual Report Regarding Boards and Commissions Term Expirations and Appointments, and
Adoption of Resolution Making Appointments to Various Boards and Commissions.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. Ukiah Daily Journal Public Notice
2. Vacancy Notice and Boards and Commissions Rosters
3. Donovan Albright Application and Nomination for the Airport Commission
4. Mark Ashiku Application and Nomination for the Airport Commission
5. Lorena Akin Application for the Design Review Board
6. David Lieberman Application and Nomination for the Diversity and Equity Committee
7. Proposed Resolution
Summary: The City Council will receive an annual report on the term expirations and vacancies on the City
Boards and Commissions, and consider adoption of a resolution making appointments to various Boards and
Commissions, if any applications are received before the July 19th meeting.
Background: Each year in July, the Clerk's office posts a general notice in the Ukiah Daily Journal to let the
public know that there are vacancies on the City of Ukiah's Boards and Commissions, and the location they
can find the listings of these open positions (Attachment 1).
The most current vacancy announcements and full rosters are posted on the City’s website
(https://cityofukiah.com/boards-commissions-committees/), in the glass display case in front of the Civic
Center, in the Public View Binder in the front lobby of City Hall, and at the local library throughout the year
(Attachment 2 shows the most recent posting).
Discussion: Most active positions on the Boards and Commissions are currently filled, with the following
vacant seats still available:
Airport Commission– two positions for the Airport Commission - City Resident and County Resident - are
currently vacant due to term expirations. The vacancies were posted on June 26, 2023, and the Clerk's
office reached out to the incumbents to see if they were interested in reapplying for the positions. Both
incumbents have submitted applications seeking reappointment, with no other applications having been
received. Donovan Albright (Attachment 3 - Application* and Nomination), has served on the Commission
since 2010, and also serves on the Countywide Airport Land Use Commission; Councilmember Crane, being
the next in line to make a nomination, has nominated Mr. Albright for reappointment to the Airport Commission -
County Resident position. Mark Ashiku (Attachment 4 - Application and Nomination) has served on the
Commission since 2017; Councilmember Orozco being next in line following Councilmember Crane has
nominated Mr. Ashiku.
Page 205 of 232
Page 2 of 3
(*Note: an incumbent on the Airport Commission is not required to fill out a questionnaire; therefore, the
questionnaire portion of this application is blank.)
Building Board of Appeals – Seven positions are available (4 Members; 3 Alternates). This board is
mandated by California Building Code Section 112 and adopted by the City Council by way of Resolution
No. 2010-29, on July 21, 2010. The board meets on an as-needed basis, but has not met in over 10 years.
Demolition Permit Review Committee – One position is open for a City of Ukiah Resident with Expertise
in Architecture, Building, or Closely Related Field. This committee meets very infrequently, but when it does
meet it would be helpful to have a full Committee.
Design Review Board – A position is open for a City Resident/Property of Business Owner representative,
and has been noticed since December 16, 2022. An application has been received from Lorena Akin
(**Attachment 5), who meets the qualifications for the position, but lives outside the residential requirement,
with no other applications having been received. The Clerk's office reached out to Kali Gordan, who is
another Design Review Board member who lives within the city limits, but is currently occupying a
Community at Large position. Ms. Gordan is willing to switch over to the city resident position to open up
the At-large seat for Ms. Akin.
In respect to the Design Review Board, the Ukiah City Code (UCC) Section 1163 states: Board members
shall have sufficient education and/or experience to perform and fulfill the duties required in section 1169 of
this code. This education and/or experience may consist of a college degree, professional license, or
employment experience in architecture and design, landscape architecture, building contracting, urban
planning, civil engineering, or similar field of study. Alternatively, the City Council may determine that a
combination of education and/or experience in lieu of a college degree, professional license, or
employment experience may qualify a candidate for the Board. Staff has reviewed Ms. Akin's application,
and determined that Ms. Akin’s experience and education meets these requirements, and therefore, is
recommending that Council make the appointment.
(**Note - this position is appointed by the full Council; a written nomination is not necessary as the
appointment will serve as the nomination as well.)
Diversity and Equity Committee– Two positions are currently vacant:
• Persons Whose Primary Language is Not English - has recently become vacant due to term
expiration and the vacancy has been noticed since June 26, 2023. The incumbent was approached
to see if he would like to reapply for the position. No applications have been received to date.
• Seniors 65 Years or Older position - has been noticed since April 6, 2023. An application has
been received from David Lieberman (Attachment 6 - Application and Nomination), who meets
the qualifications with no other applications having been received.
Public Spaces Commission – One Commissioner At-large, City or County Resident position is open, and
has been noticed since May 20, 2022, with no applications having been received. This commission meets
on a regular basis.
Candidates for the various positions are brought to Council for possible appointment throughout the year as
qualified applications are received. Positions being sought by incumbents are also available to any public
members who meet the qualifications and wish to apply. Details and applications are available from the City
Clerk’s office (707-463-6217; cityclerk@cityofukiah.com).
Page 206 of 232
Page 3 of 3
Staff is recommending that Council receive this report, and adopt the resolution (Attachment 7) making the
current batch of appointments to various Boards and Commissions. Additionally, going forward, Board and
Commission appointments will routinely be placed under New Business for a brief consideration, discussion -
only if necessary, and action.
Recommended Action: Receive the report regarding the Boards and Commission term expirations and
appointments, and adopt the Resolution Making Appointments to Various Boards and Commissions.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):
Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects,
values, and celebrates the diverse community we serve; Goal 3 – Recruit, retain and advance a community
of staff that reflects, values, and celebrates the diversity of the community we serve
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Page 207 of 232
Legal No.
Ukiah Daily Journal
617 S. State St
Ukiah, California 95482
(707) 468-3500
sfullbright@ukiahdj.com
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above entitled
matter. I am the principal clerk of the printer of the Ukiah
Daily Journal, a newspaper of general circulation, printed
and published daily in the City of Ukiah, County of
Mendocino and which newspaper has been adjudged a
newspaper of general circulation by the Superior Court of
the County of Mendocino, State of California, under the
date of September 22, 1952, Case Number 9267; that
the notice, of which the annexed is a printed copy (set in
type not smaller than non-pareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to wit:
07/05/2023
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Dated at Ukiah, California,
July 5th, 2023
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF MENDOCINO
Sue Fullbright, LEGAL CLERK
0006762842
2117148
CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVE
UKIAH, CA 95482
r.BP16-07/12/17 1
ATTACHMENT 1
Page 208 of 232
OPPORTUNITY TO SERVE YOUR COMMUNITY
Date: June 26, 2023
For Info Call: Kristine Lawler, City Clerk, 463-6217
Subject: Vacancies on City of Ukiah Boards, Commissions, and Committees
UKIAH, CA. - The City of Ukiah announces vacancies occurring on various boards and commissions. Any qualified individual, who would like to make a difference
in their community and is interested in serving as a volunteer for the terms as outlined below, may apply. Current commissioners and members are eligible for
reappointment.
COMMISSION
COMMITTEE BOARD POSITION TERM REQUIREMENTS AND/OR FUNCTION
Airport Commission Commissioner – City Resident
Commissioner – County Resident 3 Years
Commission shall consist of five (5) members. Except as provided herein, three (3) of the members shall be
residents of the city and two (2) may reside outside the city limits but within Mendocino County. Such
Commission shall act in an advisory capacity to the city council in all matters pertaining to the operations of
the municipal airport. Such commission shall aid and advise the city manager in the selection of personnel for
the operation of the municipal airport in keeping with the provisions of the civil service ordinance.
Board of Appeals
(Building)
Member (x4)
Alternate Member (x3)3 Years
The Board shall consist of five (5) members and three (3) alternates. The building official shall be an ex officio
member of the Board. Qualifications: 1) A registered design professional in good standing with the applicable
licensing board with not less than five years of experience as a registered design professional; 2) Licensed
general or specialty contractor in good standing with the Contractors State Licensing Board with not less than
five years of experience as a licensed contractor; 3) A certified building inspector or fire inspector with not less
than five years of experience as a certified inspector. Members must be residents of or licensed to conduct
business in the Ukiah Valley, Redwood Valley, or Potter Valley.
Demolition Permit
Review Committee
City of Ukiah Resident with expertise in
architecture, building, or closely related
field
3 Years
The duties of the Demolition Permit Review Committee shall include: a) Research of historical, cultural, and
architectural significance of the subject structure; b) Evaluation of the feasibility of rehabilitating or relocating
the structure if it is deemed historical; c) In the event that the structure is found to have historical or architectural
significance, determine if the salvaging of historic materials is feasible; d) Recommendation to the City Council
regarding whether any of the criteria listed in Ukiah City Code Section 3016(E) apply to the subject structure,
and whether or not the Demolition Permit should be issued, issued with conditions, or denied.
Design Review
Board
City Resident/Property or Business
Owner 4 Years
It shall be the function and duty of the Design Review Board to review proposed site development permit
applications, planned development applications and precise development plans, work with staff and the
applicants to ensure design consistency with the Ukiah General Plan, Zoning Code, and Design Review
Guidelines, and make recommendations concerning architecture, site design layout, landscaping, parking,
signage, exterior lighting, and other aspects of urban design to city staff, Zoning Administrator, Planning
Commission and City Council as appropriate.
Diversity & Equity
Committee
Seniors 65 years or older
Persons whose primary language is
not English
2 Years
Committee members will adopt written objectives to improve diversity and equity in the City’s workforce and
in the provision of municipal services; developing a written Action Plan to achieve those objectives;
implementing and overseeing the Action Plan; providing an annual review and update to the City Council on
the Committee’s progress; and proposing revisions to the plan as necessary.
Public Spaces
Commission
Commissioner – At Large, City or
Council Resident (x1)3 Years
The Public Spaces Commission shall provide advice and recommendations to Council regarding 1) City-
owned properties that are open to the public, free of charge, such as parks, paths, and public right-of-ways;
2)creeks within the City limits; 3) open spaces within and outside of the City limits that are undeveloped and
conserved or in consideration of future conservation; 4) and the recreational uses of these spaces. In addition,
the Public Spaces Commission shall have the power and duty to: A) Solicit, collate, and analyze public input
on the wise use of public spaces. B) Provide recommendations and advice to both City staff and the City
Council based on said public input. C) If deemed necessary by the Commission, form working groups in
collaboration with City staff to explore and formulate advice or recommendations on specific areas regarding
the wise use of public spaces. D) Commission activities related to solicitation, review, and analysis of public
input shall be guided by the Community Outreach Plan. The Commission shall prepare and annually update
a Community Outreach Plan to be approved by City Council. The Community Outreach plan will guide the
methodology, scheduling, and tracking of the Commission’s community engagement. E) The Commission
shall hold at least six (6) regular meetings per year as scheduled and noticed in compliance with the annually
updated Community Outreach Plan. It shall adopt rules for the transaction of business which shall be included
in the Community Outreach Plan. F) The Commission shall keep a record of its transactions, findings,
recommendations, and any other action item, which record shall be a public record.
Applications and information can be obtained on the City’s website, www.cityofukiah.com on the City Clerk’s or Boards and Commissions’ page; or via mail (ATTN: City Clerk, 300
Seminary Ave., Ukiah, CA, 95482), email (klawler@cityofukiah.com), fax (707-463-6204), or by contacting the City Clerk’s office at 707-463-6217. Current Commissioners and
Members may be eligible for reappointment. For more information, call 707-463-6217.
ATTACHMENT 2
Page 209 of 232
TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS
Airport Commission - 5 Members, 3-Year Term
Date Appointed Term Expires
Randal S. Beckler Commissioner - City Resident 4/7/2021 4/7/2024
Eric Crane Commissioner - City Resident 11/17/2021 11/17/2024
Gregory Andronaco Commissioner - County Resident 4/20/2022 4/20/2025
VACANT Commissioner - City Resident
VACANT Commissioner - County Resident
Board of Appeals - 5 Members/3 Alternates, 3-Year Term
Date Appointed Term Expires
Matthew Keizer ex officio Member - Building Official N/A N/A
VACANT Member x 4 positions
VACANT Alternate Member x 3 positions
Demolition Permit Review Committee - 5 Members, 2-Year Term
Date Appointed Term Expires
Tim Eriksen Director of Public Works/City Engineer or assigned designee N/A N/A
Craig Schlatter Director of Community Development or assigned designee N/A N/A
Matthew Keizer Building Inspector or assigned designee N/A N/A
Alyssa Ballard
A Representative of the Mendocino County Historical Society or other group/organization
involved with local history, or a local historian (Brown)10/7/2020 10/7/2023
VACANT A City of Ukiah resident with expertise in architecture, building, or closely related field
Date Appointed
(Coincides with
Appointing
Councilmember)
Term Expires
Ronald J. Meaux Community at Large 11/17/2021 11/17/2025
Kali Gordon Community at Large 8/3/2022 8/3/2026
William Hawkes City Resident/Property or Business Owner 2/15/2023 2/15/2027
Tom Liden City Resident/Property or Business Owner 2/15/2023 2/15/2027
VACANT City Resident/Property or Business Owner
Diversity and Equity Committee - 11 Members, 2-Year Term
Date Appointed Term Expires
Juan Orozco Member - Councilmember N/A N/A
Josefina Duenas Member - Councilmember N/A N/A
Xochilt Morales de
Martinez
Member - Persons with lived experience of poverty (currently or formerly living at
or below the poverty level)
1/11/2023 1/11/2025
Denise Gorny Member - Persons with physical or mental disabilities 1/11/2023 1/11/2025
Darren Jackson Member - Persons from the LGBTQA community 1/11/2023 1/11/2025
Les Marston Member - Native American tribes and communities in Mendocino County 1/11/2023 1/11/2025
Troyle Tognoli Member - Youth 21 years and younger 1/11/2023 1/11/2025
Zhao Qiu Member - Persons of color (filling the unexpired term of L. Jani Sheppard) 5/18/2022 1/11/2025
Lorena Akin Member - Persons from the Hispanic/Latino community 6/21/2023 6/21/2025
VACANT Member - Seniors 65 years or older
VACANT Member - Persons whose primary language is not English
Committee members will adopt written objectives to improve diversity and equity in the City’s workforce and in the provision of
municipal services; developing a written Action Plan to achieve those objectives; implementing and overseeing the Action Plan;
providing an annual review and update to the City Council on the Committee’s progress; and proposing revisions to the plan as
necessary
Design Review Board - 5 Members, 4-Year Term Coinciding with Appointing Councilmember
Such Commission shall act in an advisory capacity to the city council in all matters pertaining to the operations of the municipal
airport. Such commission shall aid and advise the city manager in the selection of personnel for the operation of the municipal
airport in keeping with the provisions of the civil service ordinance. (Ord. 512, Section 4, adopted 1956).
To hear and decide appeals of orders, decisions or determinations by the building official.
The duties of the Demolition Permit Review Committee shall include: a) Research of historical, cultural, and architectural
significance of the subject structure; b) Evaluation of the feasibility of rehabilitating or relocating the structure if it is deemed
historical; c) In the event that the structure is found to have historical or architectural significance, determine if the salvaging of
historic materials is feasible; d) Recommendation to the City Council regarding whether any of the criteria listed in Ukiah City
Code Section 3016(E) apply to the subject structure, and whether or not the Demolition Permit should be issued, issued with
conditions, or denied.
It shall be the function and duty of the Design Review Board to review proposed site development permit applications, planned
development applications and precise development plans, work with staff and the applicants to ensure design consistency with
the Ukiah General Plan, Zoning Code, and Design Review Guidelines, and make recommendations concerning architecture,
site design layout, landscaping, parking, signage, exterior lighting, and other aspects of urban design to city staff, Zoning
Administrator, Planning Commission and City Council as appropriate.
1 Last Updated on 6/26/2023
Page 210 of 232
TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS
Date Appointed Term Expires
Douglas 'Rick' Johnson Commissioner 4/7/2021 4/7/2025
Michelle Johnson Commissioner 4/7/2021 4/7/2025
Thao Phi Commissioner 2/1/2023 2/1/2027
Mark Hilliker Commissioner 2/1/2023 2/1/2027
Alex de Grassi Commissioner 2/1/2023 2/1/2027
Date Appointed Term Expires
Vicki Bitonti-Brown Commissioner - At Large, City Resident 12/15/2021 12/15/2024
Elora Babbini Commissioner - At Large, City Resident 6/2/2021 6/2/2024
Casey Thompson Commissioner - At Large, City Resident 8/17/2022 8/17/2025
Rob Fitzsimmons Commissioner - At Large, City or County Resident 2/1/2023 2/1/2026
Joe Scriven Commissioner - At Large, City or County Resident 4/5/2023 4/5/2026
Megan Parker Commissioner - At Large, City or County Resident 6/21/2023 6/21/2026
VACANT Commissioner - At Large, City or County Resident
Planning Commission - 5 Members, 4-Year Term
It shall be the function and duty of the Planning Commission to prepare, make and adopt, subject to the provisions of law, a
master plan for the physical development of the city, and of any land situated outside the boundaries therof which in the
Commission's judgement bears relation to the planning thereof. The Commission may appoint officers and employees and
contract for services, subject to the provisions of law, provided that all expenditures of the Commission, exclusive of gifts, shall
be within the amounts appropriated for the purpose by the City Council.
Public Spaces Commission - 7 Members, 3-Year Term
The Public Spaces Commission shall provide advice and recommendations to Council regarding 1) City-owned properties that
are open to the public, free of charge, such as parks, paths, and public right-of-ways; 2) creeks within the City limits; 3) open
spaces within and outside of the City limits that are undeveloped and conserved or in consideration of future conservation; 4)
and the recreational uses of these spaces. In addition, the Public Spaces Commission shall have the power and duty to: A)
Solicit, collate, and analyze public input on the wise use of public spaces. B) Provide recommendations and advice to both City
staff and the City Council based on said public input. C) If deemed necessary by the Commission, form working groups in
collaboration with City staff to explore and formulate advice or recommendations on specific areas regarding the wise use of
public spaces. D) Commission activities related to solicitation, review, and analysis of public input shall be guided by the
Community Outreach Plan. The Commission shall prepare and annually update a Community Outreach Plan to be approved by
City Council. The Community Outreach plan will guide the methodology, scheduling, and tracking of the Commission’s
community engagement. E) The Commission shall hold at least six (6) regular meetings per year as scheduled and noticed in
compliance with the annually updated Community Outreach Plan. It shall adopt rules for the transaction of business which shall
be included in the Community Outreach Plan. F) The Commission shall keep a record of its transactions, findings,
recommendations, and any other action item, which record shall be a public record.
2 Last Updated on 6/26/2023
Page 211 of 232
Page 212 of 232
Page 213 of 232
ATTACHMENT 3
Page 214 of 232
ATTACHMENT 4
Page 215 of 232
Page 216 of 232
Page 217 of 232
Page 218 of 232
MEMORANDUM
Date: 7/12/23
To: Kristine Lawler, City Clerk
From: Juan V. Orozco
Subject: Nomination for Mark Ashiku
I nominate Mark Ashiku for reappointment to the Airport Commission as County
Resident Representative, to be considered at the July 19, 2023, Regular City Council
meeting.
Signature ______________________________
Page 219 of 232
ATTACHMENT 5
Page 220 of 232
Page 221 of 232
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ATTACHMENT 6
Page 225 of 232
Page 226 of 232
MEMORANDUM
Date:
To: Kristine Lawler, City Clerk
From: Mari Rodin
Subject: Nomination for David Lieberman
I nominate David Lieberman for the Diversity and Equity Committee as a Seniors 65
Years or Older Representative, to be considered at the July 19, 2023, Regular City
Council meeting.
Signature ______________________________
Page 227 of 232
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REAPPOINTING DONOVAN
ALBRIGHT AND MARK ASHIKU TO THE AIRPORT COMMISSION, CHANGING THE SEAT POSITION
OF KALI GORDON ON THE DESIGN REVIEW BOARD, APPOINTING LORENA AKIN TO THE DESIGN
REVIEW BOARD, AND APPOINTING DAVID LIEBERMAN TO THE DIVERSITY AND EQUITY
COMMITTEE.
WHEREAS, a list of current vacancies along with the full roster of Boards and Commissions is updated with
each appointment and posted throughout the year online, in the glass case in front of Civic Hall, in the
Public View Binder, and at the County Library; and
WHEREAS, there are two vacancies for City and County Resident Representatives on the Airport
Commission due to term expirations, which have been noticed since June 26, 2023; applications have been
received from Donovan Albright and Mark Ashiku, who are both incumbents seeking reappointment, with no
other applications having been received; and Councilmembers Crane and Orozco, being next in line to
make nominations to the Airport Commission, have made the respective nominations; and
WHEREAS, there is one vacancy for the City Resident/Property or Business Owner position on the Design
Review Board, which has been noticed since December 16, 2022; an application has been received from
Lorena Akin who meets the qualifications, but lives outside the residential requirement, with no other
applications having been received; Kali Gordon, who is currently a member of the Design Review Board
and who lives within the city limits, but occupies an at-large position has agreed to switch to the City
Resident/Property or Business Owner position (term expiration to remain the same) to make the
Community at Large position available to Ms. Akin; with the adoption of this resolution constituting both a
nomination and appointment to the Design Review Board being made by the full Council; and
WHEREAS, the Seniors 65 Years or Older position on the Diversity and Equity Committee has been
noticed since April 6, 2023; an application has been received from David Lieberman, who meets the
qualifications, with no other applications having been received, and Mayor Rodin, being next in line, has
made the nomination.
NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council does hereby appoint the following
persons and terms:
BOARD/
COMMISSION
NAME POSITION TERM ENDING
Airport Commission Donovan Albright County Resident 7/19/26
Airport Commission Mark Ashiku City Resident 7/19/26
Design Review Board Kali Gordon City Resident/Property or
Business Owner 8/3/26*
Design Review Board Lorena Akin Community at Large 7/19/27
Diversity & Equity Committee David Lieberman Seniors 65 Years or Older 7/19/25
*Only position is changing; the term expiration remains the same.
PASSED AND ADOPTED this 19th day of July, 2023, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Mari Rodin, Mayor
ATTEST:
__________________________________
Kristine Lawler, City Clerk
ATTACHMENT 7
Page 228 of 232
Page 1 of 1
Agenda Item No: 14.b.
MEETING DATE/TIME: 7/19/2023
ITEM NO: 2023-2837
AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Mayor Rodin and Various Councilmembers
ATTACHMENTS:
1. City Council Special Assignments - rev 6-22-23
Summary: City Council members will provide reports and updates on their committee and ad hoc
assignments. If necessary, the Council may consider modifications.
Background: City Council members are assigned to a number of committees and ad hoc activities. These
assignments are included as Attachment 1.
Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and
ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending
business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.
In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the
agenda to provide the City Council members an expanded opportunity to report on assignments and modify
assignments as necessary.
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc
assignments along with the creation/elimination ad hoc(s).
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 229 of 232
2023 CITY COUNCIL SPECIAL ASSIGNEMENTS
LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
City Broadband Project TBD TBD
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service
Provider (ISP) for the California's Public Utilities Commission (CPUC)
Last mile Broadband.
Orozco Jim Robbins, Grants Manager; 463-6708;
jrobbins@cityofukiah.com
Investment Oversight Committee Varies
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco - Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Disaster Council
Shall meet a minimum of
once a year at a time
and place designated
upon call of the chair
Place designated upon call of the chair or, if
she/he is unavailable or unable to call such
meeting, the first vice chair and then the City
Manager or her/his designee.
Office of Emergency Management
300 Seminary Ave.
Ukiah, CA 95482
467-5765 - Tami Bartolomei
Develop any necessary emergency and mutual aid plans, agreements,
ordinances, resolutions, rules, and regulations.
Orozco
Duenas- Alternate
Traci Boyl, City Manager's Office Management
Analyst; 467-5720; tboyl@cityofukiah.com
Greater Ukiah Business & Tourism
Alliance (GUPTA)
4th Monday of month,
10:00 a.m.
200 S School St.
Ukiah, CA 95482
200 S School St.
Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic
downtown and businesses within the greater Ukiah area
Rodin
Duenas - Alternate
Shannon Riley,Deputy City Manager;
467-5793 sriley@cityofukiah.com
Mendocino County Inland Water and
Power Commission (IWPC)
2nd Thursday of
month, 6:00 p.m.
Civic Center
300 Seminary Avenue
conference room 5
IWPC Staff
P.O. Box 1247
Ukiah, CA 95482
391-7574 - Candace Horsley
Develops coordination for water resources and current water rights:
Potter Valley project - Eel River Diversion
Rodin
Orozco- Alternate
Sean White,Director of Water Resources;
463-5712 swhite@cityofukiah.com
North Coast Opportunities (NCO)4th Wednesday of
month, 2 p.m.Alternating locations - Ukiah and Lakeport
Governing Board Chair
North Coast Opportunities
413 North State Street
Ukiah, CA 95482
Assist low income and disadvantaged people to become self reliant Burgess
Jake Burgess, Community Services
Supervisor; 463-6201
jburgess@cityofukiah.com
Sun House Guild ex officio 2nd Tuesday of
month, 4:30 p.m.
Sun House
431 S. Main St.
Ukiah, CA
431 S. Main Street
Ukiah, CA 95482
467-2836
Support and expand Grace Hudson Museum Duenas
Neil Davis - Alternate
David Burton, Museum Director; 467-2836
dburton@cityofukiah.com
Ukiah Valley Basin Groundwater
Sustainability Agency (GSA)
2nd Thursday of
month, 1:30 p.m.
Board of Supervisors Chambers; 501 Low
Gap Road
Ukiah, CA
County Executive Office
501 Low Gap Rd., Rm. 1010
Ukiah, CA 95482
463-4441
GSA serves as the Groundwater Sustainability Agency in the Ukiah
Valley basin
Crane
Duenas - Alternate
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
City Selection Committee Called as required by
the Clerk of the Board
BOS Conference Room
501 Low Gap Rd. Rm. 1090
Ukiah, CA
C/O: BOS
501 Low Gap Rd., Rm 1090
Ukiah, CA 95482
463-4441
Makes appointments to LAFCO and Airport Land Use Commission
(Mayor - Primary; Vice Mayor - Alternate)
Mayor Rodin
Vice Mayor Duenas - Alternate
Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Economic Development & Financing
Corporation (EDFC)
2nd Thursday of
month, 2:00 p.m.
Primarily 631 S. Orchard Street
(location varies)
Executive Director
631 South Orchard Avenue
Ukiah, CA 95482
467-5953
Multi-agency co-op for economic development and business loan
program
Riley
(appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Library Advisory Board
3rd Wednesdays of
alternate months;
1:00 p.m.
Various Mendocino County Libraries Ukiah County Library
463-4491 Review library policy and activities Duenas
Rodin - Alternate
Kristine Lawler, City Clerk; 463-6217;
klawler@cityofukiah.com
Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st
District Supervisor
Rodin
Crane - Alternate
Sage Sangiacomo, City Manager;
463-6221; ssangiacomo@cityofukiah.com
Mendocino County 2nd District Liaison 1st Wednesdays of
month, 8:00 a.m.
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd
District Supervisor
Rodin
Duenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Mendocino Council of Governments
(MCOG)
1st Monday of month,
1:30 p.m.
Board of Supervisors Chambers
501 Low Gap Road
Ukiah, CA
Executive Director
367 N. State Street, Ste. 206
Ukiah, CA 95482
463-1859
Plan and allocate State funding, transportation, infrastructure and
project County wide
Duenas
Sher - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino County Airport Land Use
Commission As needed
BOS Conference Room
501 Low Gap Rd., Rm. 1090,
Ukiah, CA
Mendocino County Executive Office
501 Low Gap Rd. Rm. 1010
Ukiah, CA 95482
To formulate a land use compatibility plan, provide for the orderly
growth of the airport and the surrounding area, and safeguard the
general welfare of the inhabitants within the vicinity
Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
gowen@cityofukiah.com
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
Mendocino County Local Area
Formation Commission (LAFCO)
1st Monday of month,
9:00 a.m.Board of Supervisors Chambers
Executive Director
200 S. School Street, Ste. 2
Ukiah, CA 95482
463-4470
Required by legislation - planning spheres of influence, annexation,
service areas, and special districts
Rodin
Crane - Desired Alternate if
appointment becomes available
with City Selection Committee
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
6/23/2023
ATTACHMENT 1
Page 230 of 232
2023 CITY COUNCIL SPECIAL ASSIGNEMENTS
MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Mendocino Solid Waste Management
Authority (MSWMA)
3rd Thursday of every
other month (varies),
10:00 a.m.
Willits Council Chambers
Solid Waste Director
3200 Taylor Drive
Ukiah, CA 95482
468-9710
County-wide Solid Waste JPA Crane
Sher- Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino Transit Authority (MTA)
Board of Directors
Last Wednesday of
month, 1:30 p.m.
Alternating locations - Ukiah Conference
Center or Fort Bragg, or Point Arena
Executive Director
241 Plant Road
Ukiah, CA 95482
462-1422
County-wide bus transportation issues and funding Sher
Duenas - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino Youth Project JPA Board of
Directors
3rd Wednesday of
month, 7:45 a.m.776 S. State Street Conference Room
Mendocino Co. Youth Project
776 S. State Street, Ste. 107
Ukiah, CA 95482
707-463-4915
Targets all youth with a focus on drug and alcohol prevention, healthy
alternatives and empowering youth to make healthy choices
Cedric Crook, Police Captain
Duenas - Alternate
Cedric Crook, Police Captain 463-6771;
ccrook@cityofukiah.com
Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month,
5:30 p.m.
151 Laws Ave.,Suite D
Ukiah, CA
151 Laws Ave., Ukiah, CA 95482;
rrfc@pacific.net; 462-5278
Proactively manage the water resources of the upper Russian River for
the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
Ukiah Players Theater Board of
Directors
3rd Tuesday of
month, 6:00 p.m
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
To oversee the activities, organization and purpose of the Ukiah Players
Theater
Greg Owen, Airport Manager
(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Ukiah Unified School District (UUSD)
Committee Quarterly 511 S. Orchard, Ste. D
Ukiah, CA 95482
511 S. Orchard
Ukiah, CA 95482
Information exchange with UUSD Board Chair, Mayor, Superintendent,
and City Manager
Mayor, City Manager and
Police Chief
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Great Redwood Trail Agency
Bi-monthly, 3rd
Thursdays, 10:30
a.m.
Various Locations - announced
419 Talmage Road, Suite M
Ukiah, CA 95482
463-3280
Provides a unified and revitalized rail infrastructure meeting the freight
and passenger needs of the region
Rodin
Duenas - Alternate
Neil Davis, Community Services Director
467-5764 ndavis@cityofukiah.com
League of California Cities Redwood
Empire Legislative Committee
Prior to Division
Meetings, meets 3x in
person and then via
conference call
Various locations that are announced
Redwood Empire League President;
Public Affairs Program Manager
(916) 658-8243
Elected city officials and professional city staff attend division meetings
throughout the year to share what they are doing and advocate for their
interests in Sacramento
Orozco
Duenas -Alternate
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
Russian River Watershed Association
(RRWA)
4th Thursday of
month, 9:00 a.m.
(only 5 times a year)
Windsor Town Hall
Russian River Watershed Assoc.
425 South Main St., Sebastopol, CA
95472
508-3670
Consider issues related to Russian river - plans projects and funding
requests
Rodin
Sher - Alternate
Tim Eriksen, Public Works Director/City
Engineer;463-6280 teriksen@cityofukiah.com
Northern California Power Agency
(NCPA) Commission
4th Thursday of
month, 9:00 a.m.
(see NCPA calendar)
Roseville, CA
and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4202
Pool of State and local power utilities developing and operating power
generation, providing scheduling and related energy services and
providing regulatory and legislative support.
Crane - Commissioner
Sauers - Alternate and
Commissioner in absence of
Commissioner Crane
Cindi Sauers - Electric Utility Director;
463-6286 csauers@cityofukiah.com
Northern California Power Agency
(NCPA) – Lodi Energy Center (LEC)
Appointment
2nd Monday of
month, 10:00 AM Lodi, CA and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4299
Committee oversees the operation, maintenance and expenditures of
the LEC 300 MW generating project.
Sauers – Project Participate
Appointee
Cindy Sauers, Electric Utility Director,
463‐6286, csauers@cityofukiah.com
Transmission Agency of Northern
California (TANC)
4th Wednesday of
month, 10 a.m.35 Iron Point Circle Suite 225 Folsom, CA
35 Iron Point Cir #225
Folsom, CA 95630
916-852-1673; info@tanc.us
Provide electric transmission to its Member utilities through
transmission line ownership or contract arrangements.
Crane
Sauers - Alternate
Cindi Sauers - Electric Utility Director;
463-6286 csauers@cityofukiah.com
STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Diversity and Equity TBD Virtual Meeting Room
(link to be created)
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Improve diversity and equity in the City’s workforce and municipal
services Orozco/Duenas Traci Boyl, City Manager's Office Management
Analyst; 467-5720; tboyl@cityofukiah.com
Fire Executive Committee
2nd Tue, every other
month beginning in
January; 5:00 p.m.
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
sabba@cityofukiah.com
Per the recently adopted agreement between the City of Ukiah and the
Ukiah Valley Fire Protection District Orozco/Sher
Doug Hutchison, Fire Chief; 463-6263;
dhutchison@cityofukiah.com
Countywide Oversight Board to the
RDA Successor Agencies
4th Thursday of
January, 4:00 p.m.;
meets annually
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
City of Ukiah
ATTN: City Clerk
300 Seminary Ave.
Ukiah, CA 95482
707-463-6217
oversee and direct the Successor Agencies of the former
redevelopment agencies Crane
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Kristine Lawler, City Clerk; 463-6217,
klawler@cityofukiah.com
6/23/2023
Page 231 of 232
COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director;
463-629586 csauers@cityofukiah.com
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Advance Planning & Policy for Sphere of
Influence (SOI), Municipal Service Review (MSR),
Annexation, Tax Sharing, Detachment, and Out
of Area Service Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 cschlatter@cityofukiah.com
UVSD/ City Relations
Ad hoc committee to address specific issues with the
Ukiah Valley Sanitation District, including discussion of
overall sewer system service delivery policies, operating
policy revisions, potential revisions to the current
Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463‐6220 dbuffalo@cityofukiah.com
Sean White, Water Resources Director
463‐5712 swhite@cityofukiah.com
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Shannon Riley, Deputy City Manager
467-5793 sriley@cityofukiah.com
Neil Davis, Community Services Director
467-5764 ndavis@cityofukiah.com
Special Districts (Water District Consolidation)Orozco/Crane Shannon Riley, Deputy City Manager
467‐5793 sriley@cityofukiah.com
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer
463‐6284 jbenson@cityofukiah.com
City/District Review of 2019/22 Proposed Fire
Code Crane/Orozco Doug Hutchison, Fire Chief
463‐6263 dhutchison@cityofukiah.com
Mendocino County Courthouse Project and
Reuse Sher/Orozco Shannon Riley, Deputy City Manager
467‐5793 sriley@cityofukiah.com
Climate Action Plan
Will coordinate with the Community Development
Director to identify and assign representation to each of
the identified categories, and also coordinate with the
Community Development Director and the Climate Action
Plan Working Group related to other outreach efforts
during the development of the draft municipal Climate
Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 cschlatter@cityofukiah.com
2023 AD HOC COMMITTEES
3/16/2023
Page 232 of 232