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HomeMy WebLinkAbout2022-10-05 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://zoom.us/j/97199426600 Or you can call in using your telephone only:  Call (toll free) 1-888-788-0099  Enter the Access Code: 971 9942 6600  To Raise Hand enter *9  To Speak after being recognized: enter *6 to unmute yourself Or One tap mobile (for easy connection on smart phones): US: +16699009128,,97199426600# or +12532158782,,97199426600# Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. October 5, 2022 - 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 3.a. Proclamation: Encouraging all City Residents to Recognize and Celebrate Indigenous Peoples' Day in the City of Ukiah. Recommended Action: Issue a proclamation of the Ukiah City Council encouraging all city residents to recognize and celebrate Indigenous Peoples' Day in the city of Ukiah. Attachments: 1. 2022-10-05 Indenous Peoples' Day 3.b. Proclamation: Recognizing National Disability Employment Awareness Month in the City of Ukiah. Recommended Action: Issue a proclamation of the Ukiah City Council recognizing October as National Employment Awareness Month in the city of Ukiah. Attachments: 1. 2022-10-05 Disability Employment Awareness Month 4. PETITIONS AND COMMUNICATIONS Page 1 of 266 Page 2 of 5 5. APPROVAL OF MINUTES 5.a. Approval of the Minutes for the September 21, 2022, Special Meeting. Recommended Action: Approve the Minutes for the September 21, 2022, Special Meeting. Attachments: 1. 2022-09-21 Draft Minutes - Special Meeting 5.b. Approval of the Minutes for the September 21, 2022, Regular Meeting. Recommended Action: Approve the Minutes for the September 21, 2022, Regular Meeting. Attachments: 1. 2022-09-21 Draft Minutes - Regular Meeting 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. 7.a. Consideration of Approval to Reclassify One Full-Time Building Inspector Position. Recommended Action: Approve reclassification of a full-time Building Inspector II position into a full-time Senior Building Inspector position. Attachments: 1. Senior Building Inspector JOB DESCRIPTION 9-27-22 7.b. Request Council to Accept the Miracle Play Systems Project Proposal for Replacement of the Todd Grove Park Large Playground, for a Not to Exceed Cost of $226,613.56, and Approve Corresponding Budget Amendments. Recommended Action: Accept the Miracle Play Systems Project Proposal for replacement of the Todd Grove Park Large Playground, for a not to exceed cost of $226,613.56, and approve corresponding budget amendments. Attachments: 1. Miracle - Todd-Grove-Park-RFP-Ukiah-MPI_FINAL 2. Park Planet - Todd Grove Park - City of Ukiah RFP 3. Miracle Quote--21_0491_Todd Grove Park_007 4. 21_0491_Todd Grove Park_007_DIMS 7.c. Consider Adoption of Resolution Amending Rates for Legal Services Provided by the City Attorney to $275 Per Hour. Recommended Action: Adopt a resolution amending the hourly rate under the contract for legal services between David J. Rapport and the City of Ukiah, increasing the rate to $275 for the services provided directly by David J. Rapport and Darcy Vaughn from the Law Offices of Rapport and Marston. Attachments: 1. Resolution - Attorney Rates 22 7.d. Consideration of Approval to Add Administrative Analyst to the City Manager Department and Corresponding Budget Amendment. Page 2 of 266 Page 3 of 5 Recommended Action: Approve addition of Administrative Analyst to the City Manager Department and corresponding budget amendment. Attachments: None 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda 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. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS 12.a. Consideration of Approval of a Baseline Methodology and Thresholds for 1) Evaluating Future Land Use Development and Transportation Projects; and 2) Screening Projects by Size for the City's 2040 Draft General Plan and to be Responsive to the Requirements of SB 743 Pertaining to CEQA (Continued from 09-21-22) . Recommended Action: Approve recommended thresholds and methodology for 1) evaluating future land use development and transportation projects; and 2) screening projects by size for the City's 2040 Draft General Plan and to be responsive to the requirements of SB 743 pertaining to CEQA. Attachments: 1. Tech Memo - Ukiah SB-743 Methodology-Rev 9.15.22 2. 9-21-22 13a Presentation Given at Meeting 12.b. Discussion and Council Direction for Developing Overhead to Underground Conversion Projects. Recommended Action: Receive presentation and provide direction to Staff. Attachments: None 12.c. Receive Report and Update Regarding FEMA Floodplain Analysis of Gibson and Orr Creeks. Recommended Action: Receive report. Attachments: 1. FEMA Presentation 2. GHD Comments FEMA Map Revision Review 13. NEW BUSINESS 13.a. Receive Report on Pending Grant Applications and Authorize City Manager to Sign Related Agreements and Letter(s) of Commitment. Recommended Action: Receive report on pending grant applications and authorize City Manager to sign related grant agreements and letter(s) of commitment; and complete any other documents necessary for the grants. Attachments: Page 3 of 266 Page 4 of 5 1. Draft City of Ukiah Letter of Commitment- Climate Collaborative 2. RCC_R1_Partnership Agreement DRAFT 13.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. 2022 City Council Special Assignments 13.c. Adoption of Resolution(s) Approving Successor Memoranda of Understanding Between the City of Ukiah and Employee Bargaining Units, and Authorizing the City Manager to Execute. Recommended Action: Adopt a Resolution(s) approving successor Memoranda of Understanding between the City of Ukiah and employee bargaining units, and authorize the City Manager to execute on behalf of the City. Attachments: None 14. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING 14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) Recommended Action: Attachments: None 14.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 Recommended Action: Attachments: None 14.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 Recommended Action: Attachments: None 14.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 Recommended Action: Attachments: None 14.e. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-190-11 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Dave Hull Under Negotiation: Price & Terms of Payment Recommended Action: None Attachments: None Page 4 of 266 Page 5 of 5 Recommended Action: Attachments: None 14.f. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-260-01, 003-500-14 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Eric Crane and Francine Selim Under Negotiation: Price & Terms of Payment Recommended Action: None Attachments: None Recommended Action: Attachments: None 14.g. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units Recommended Action: Attachments: None 14.h. Public Employee Performance Evaluation (Government Code Section 54956 Title: City Manager Recommended Action: Attachments: None 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Kristine Lawler, City Clerk Dated: 9/30/22 Page 5 of 266 Page 1 of 1 Agenda Item No: 3.a. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2029 AGENDA SUMMARY REPORT SUBJECT: Proclamation: Encouraging all City Residents to Recognize and Celebrate Indigenous Peoples' Day in the City of Ukiah. DEPARTMENT: City Manager / Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Mayor Brown ATTACHMENTS: 1. 2022-10-05 Indenous Peoples' Day Summary: The City Council will issue a proclamation encouraging all city residents to recognize and celebrate Indigenous Peoples' Day in the city of Ukiah. Background: In the spirit of governmental cooperation and to promote diversity within the community, the City Council encourages all city residents to recognize and celebrate the contributions made by the Indigenous Peoples of the Nation, particularly those residing, working, and visiting the city on this proclaimed Indigenous Peoples' Day by issuing a proclamation (Attachment 1). Discussion: Council will issue the proclamation in recognition and celebration of Indigenous Peoples' Day in the city of Ukiah. Recommended Action: Issue a proclamation of the Ukiah City Council encouraging all city residents to recognize and celebrate Indigenous Peoples' Day in the city of Ukiah. 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: Diversity and Equity Committee Page 6 of 266 WHEREAS, on October 6, 2021, the City Council of the City of Ukiah declared the second Monday  in October of each year as Indigenous Peoples’ Day in the city of Ukiah; and  WHEREAS, there are twelve federally recognized Indian tribes and Indian reservations in  Mendocino County; and   WHEREAS, many Native Americans live, work, and visit the city of Ukiah; and  WHEREAS, the Native Americans, Alaska Natives, Native Hawaiians, and other Indigenous People  of the United States have all made valuable contributions, with their vibrant and diverse culture, to  the Nation, the State of California, the County of Mendocino and the city; and  WHEREAS, the contributions that Indigenous peoples have made throughout history in public and  military service, business, education, the arts, and countless other fields have enriched and diversified  our Nation; and   WHEREAS, the Indigenous peoples of this Nation have and continue to serve in the United States  Armed Forces with distinction and honor – at one of the highest rates of any other group – defending  the cause of liberty and freedom in the world; and  WHEREAS, the Indigenous Tribes of Mendocino County are sovereign governments that govern  themselves on their respective reservations under their tribal laws; and   WHEREAS, the City desires to work cooperatively with the Tribal governments of Mendocino  County to ensure that essential government services are provided for all persons who live, work, and  visit the city of Ukiah.   NOW, THEREFORE BE IT RESOLVED,  in this spirit of governmental cooperation and to  promote diversity within the community, the City Council encourages all city residents to recognize  and celebrate the contributions made by the Indigenous Peoples of the Nation, particularly those  residing, working, and visiting the city on this proclaimed Indigenous Peoples’ Day.  Signed and sealed, this 5th day of October in the year Two Thousand and Twenty-Two. _______________________________  Jim O. Brown City Council, Mayor C I T Y O F U K I A H ENCOURAGING ALL CITY RESIDENTS TO RECOGNIZE AND CELEBRATE INDIGENOUS PEOPLES’ DAY IN THE CITY OF UKIAH ATTACHMENT 1 Page 7 of 266 Page 1 of 1 Agenda Item No: 3.b. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2030 AGENDA SUMMARY REPORT SUBJECT: Proclamation: Recognizing National Disability Employment Awareness Month in the City of Ukiah. DEPARTMENT: City Manager / Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Mayor Brown ATTACHMENTS: 1. 2022-10-05 Disability Employment Awareness Month Summary: The City Council will issue a proclamation recognizing October as National Disability Employment Awareness Month in the city of Ukiah. Background: Workplaces welcoming the talents of all people, including people with disabilities, are critical to our efforts to build an inclusive community and a strong economy. The City of Ukiah wishes to encourage and reinforce the recognition and appreciation for the values and talents of those with disabilities in our workplaces and communities. Discussion: Council will issue the proclamation recognizing October as National Disability Employment Awareness Month in the city of Ukiah. Recommended Action: Issue a proclamation of the Ukiah City Council recognizing October as National Employment Awareness Month in the city of Ukiah. 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: Diversity and Equity Committee Page 8 of 266 WHEREAS, October 2022 marks the 77th anniversary of National Disability Employment Awareness Month; and WHEREAS, the purpose of National Disability Employment Awareness Month is to educate about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities; and WHEREAS, workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy; and WHEREAS, activities during this month will reinforce the value and talent people with disabilities add to our workplaces and communities and affirm Ukiah’s commitment to an inclusive community that increases access and opportunities to all, including individuals with disabilities; and WHEREAS, we encourage employers, schools and other community organizations in Ukiah to observe this month with appropriate programs and activities, and to advance its important message that people with disabilities add value and talent to our workplaces and communities.  NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah, hereby proclaims October 2022, as National Disability Employment Awareness Month in the City of Ukiah. Signed and sealed, this 5th day of October in the year Two Thousand and Twenty-Two. Jim O. Brown City Council, Mayor C I T Y O F U K I A H RECOGNIZING OCTOBER, 2022, AS “NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH” IN THE CITY OF UKIAH ATTACHMENT 1 Page 9 of 266 DR A F T CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 September 21, 2022 6:00 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on September 21, 2022, having been legally noticed on September 16, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 5:03 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas (arriving at 5:15 p.m.), and Jim O. Brown. Staff Present: Shannon Riley, Deputy City Manager; Sage Sangiacomo, City Manager; David Rapport, City Attorney (arriving at 5:25 p.m.) and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. The Pledge of Allegiance was led by Shannon Riley, Deputy City Manager. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment was given. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 5:06 P.M. 3. CLOSED SESSION a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) 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 Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units AGENDA ITEM 5a Page 10 of 266 DR A F T City Council Minutes for September 21, 2022, Special Meeting, continued f. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 003-260-01, 003-500-14 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Eric Crane and Francine Selim Under Negotiation: Price & Terms of Payment 4. ADJOURNMENT There being no further business, the meeting adjourned at 5:52 p.m. ________________________________ Kristine Lawler, City Clerk/CMC Page 11 of 266 DR A F T Page 1 of 4 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 September 21, 2022 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on September 21, 2022, having been legally noticed on September 16, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:01 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. 2. PLEDGE OF ALLEGIANCE Pledge was held during the 5:30 p.m. Special Meeting. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Approval of the Minutes for the September 7, 2022, Regular Meeting. Motion/Second: Rodin/Crane to approve Minutes of September 7, 2022, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and NOES: None. ABSENT: None. ABSTAIN: Brown. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Approval of Budget Amendment for the Ukiah Valley Conference Center Generator Project Funded by a Community Development Block Grant – Finance. b. Adoption of Resolution (2022-61) of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic – City Attorney. c. Adoption of Resolution (2022-62) Amending the Appendix to the Conflict of Interest Code to Reflect a Current List of Economic Disclosure Filers – City Clerk. Page 12 of 266 DR A F T City Council Minutes for September 21, 2022, Continued Page 2 of 4 d. Consideration of Adoption of Resolution (2022-63) Approving a Side Letter Agreement (COU No. 2223-114) to the Current Memorandum of Understanding Between the City of Ukiah and the International Brotherhood of Electrical Workers Local 1245 – Human Resources. e. Approve Contract Amendment (COU No. 2021-179-A1) for Additional Sanitary Sewer Replacement Design for the Downtown Streetscape Project Phase 2 in the Amount of $117,449.10 – Public Works. Motion/Second: Rodin/Crane to approve Consent Calendar Items 7a-7e, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS - Public Comment: Chris Reedy. 9. COUNCIL REPORTS Presenters: Councilmember Rodin, Mayor Brown, and Councilmember Crane 10. CITY MANAGER/CITY CLERK REPORTS Presenter: Shannon Riley, Deputy City Manager  Construction Update – Tim Eriksen, Public Works Director/City Engineer. 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Approve Resolution Authorizing the Submittal of an Application, Acceptance of Allocation of Funds and Execution of Grant Agreement with the California Department of Transportation, for an Airport Matching Grant to Complete Runway 15-33 Width Reduction from 150 Feet to 75 Feet; and Install New Lighting; Construction Phase 2, and Approve Corresponding Budget Amendment. Presenter: Greg Owen, Airport Manager. Motion/Second: Rodin/Orozco to adopt resolution (2022-64) approving the submittal of an application, acceptance of an allocation of funds and execution of a grant agreement (COU No. 2223-115) with the California Department of Transportation for an Airport Improvement Program (AIP) Matching grant. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Motion/Second: Rodin/Orozco to approve a budget amendment as proposed. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Possible Adoption of Ordinance Amending the City Code Provisions Regulating Parks and Recreation Facilities. Presenters: Neil Davis, Community Services Director. Motion/Second: Rodin/Orozco to adopt the Ordinance Amending the City Code Provisions Regulating Parks and Recreation Facilities. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Page 13 of 266 DR A F T City Council Minutes for September 21, 2022, Continued Page 3 of 4 ORDINANCE NO. 1228 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS PROVISIONS OF CHAPTER 12 IN DIVISION ONE OF THE UKIAH CITY CODE REGULATING CITY PARK AND RECREATION FACILITIES. 13. NEW BUSINESS a. Receive Presentation and Approve a Baseline Methodology and Thresholds for 1) Evaluating Future Land Use Development and Transportation Projects; and 2) Screening Projects by Size for the City's 2040 Draft General Plan and to be Responsive to the Requirements of SB 743 Pertaining to CEQA. Presenters: Craig Schlatter, Community Development Director and Don Hubbard, Todd Tregenza, and Colin Burgett, with GHD, Inc. Mayor Directive to continue this item to the October 5, 2022, meeting. b. Adoption of Resolution(s) Approving Successor Memoranda of Understanding Between the City of Ukiah and Employee Bargaining Units, and Authorizing the City Manager to Execute. Presenter: Sheri Mannion, Human Resources Director/Risk Manager. Motion/Second: Crane/Orozco to adopt a Resolution(s) (2022-65) approving successor Memoranda of Understanding (COU No. 2223-116 – Management Unit) between the City of Ukiah and employee bargaining units, and authorize the City Manager to execute on behalf of the City. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. c. Receive and File Fourth Quarter Financial Report (Preliminary Unaudited Year-End Results). Presenter: Dan Buffalo, Finance Director. Public Comment: Chris Reedy. Report was received and filed. d. 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). No reports were received. 14. CLOSED SESSION a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) Page 14 of 266 DR A F T City Council Minutes for September 21, 2022, Continued Page 4 of 4 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 Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units f. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 003-260-01, 003-500-14 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Eric Crane and Francine Selim Under Negotiation: Price & Terms of Payment Closed Session was held during an earlier Special Meeting. 15. ADJOURNMENT There being no further business, the meeting adjourned at 8:19 p.m. ________________________________ Kristine Lawler, City Clerk Page 15 of 266 Page 1 of 2 Agenda Item No: 7.a. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2031 AGENDA SUMMARY REPORT SUBJECT: Consideration of Approval to Reclassify One Full-Time Building Inspector Position. DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Consent Calendar ATTACHMENTS: 1. Senior Building Inspector JOB DESCRIPTION 9-27-22 Summary: Council will consider reclassifying a full-time Building Inspector II position into a Senior Building Inspector position. Background: Over the last approximately five years, the services and Divisions of the Community Development Department have expanded as the needs and expectations of the community have increased. Historically a "traditional" planning and building services department, the Department now provides services through six different divisions- Planning Services, Building Services, Code Enforcement Services, Fire Prevention, Housing Services, and Grants Management Services. The two newest divisions are Code Enforcement and Fire Prevention. Although all Community Development Department personnel are cross-trained in the services provided within each of the divisions to ensure responsive customer service, each position has primary responsibilities within one or two areas. Currently, personnel within the Building, Code Enforcement, and Fire Prevention divisions are generally assigned as follows: • Chief Building Official - Managing and coordinating all three divisions and personnel; also serving as Chief Code Enforcement Officer, Fire Code Official, and Construction Manager on City-led projects. • Building Inspector II - All residential and commercial building inspection services. • Code Enforcement Inspector - Citywide code enforcement services. • Fire Inspector - All residential and commercial fire inspections. • Community Development Technician - Issuing of all building and fire permits and operation of customer counter; primary Department liaison. The Grants Management Division was recently successful in securing two new Community Development Block Grants (CDBG), one for a $500,000 code enforcement program and one for a $500,000 single-family (1- 4 unit) owner occupied housing rehabilitation program. The Divisions of Code Enforcement and Building will be primarily responsible for the implementation of these two new programs, each of which, if implemented successfully, could lead to further funding awards. Discussion: As the services provided by the three divisions have expanded, the Department has identified a need for an assigned position to manage the daily operations and personnel for the code enforcement division, including major enforcement projects and the new CDBG grant. Staff is proposing the Building Inspector II position be reclassified to a Senior Building Inspector (see Attachment 1 for the proposed job description with expanded responsibilities and certifications). Page 16 of 266 Page 2 of 2 The Senior Building Inspector would be the management level classification in the Building Inspection/Code Enforcement series. In addition to serving as the principal building inspector, the Senior Building Inspector would also manage all operations of the Code Enforcement Division, including personnel and the Division budget. The position would be subject to the Management Unit Memorandum of Understanding, with the salary range of $6,529.87 - 7,937.10 per month. Given this was an anticipated need with the potential CDBG award, the increase in salary for this position was budgeted in the FY 2022-23 Community Development Department budget, so no budget amendment is necessary. To move forward with this promotion and for the reasons mentioned above, Staff recommends Council approve the reclassification of the Building Inspector II position into a Senior Building Inspector position. Recommended Action: Approve reclassification of a full-time Building Inspector II position into a full-time Senior Building Inspector position. 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: Matt Keizer, Chief Building Official; Sheri Mannion, Human Resources/Risk Management Director Page 17 of 266 JOB DESCRIPTION SENIOR BUILDING INSPECTOR DEFINITION Under general direction of the Chief Building Official, visually inspects buildings and structures of all occupancy groups and construction types being constructed, altered, relocated or repaired for compliance with State and City codes and ordinances; performs building plans examination on building permit applications (excluding structural engineering); performs a variety of inspections including building, plumbing, electrical, mechanical, fire and life safety, and Code Enforcement; issues permits for construction of improvements in accordance with current code requirements; and answers general questions from the public and contractor community at the counter regarding codes and ordinances for building in the City of Ukiah. This is the management level classification in the Building Inspection/Code Enforcement Series. Incumbents perform inspections at all stages of construction on residential, commercial, and small industrial buildings and structures, requiring the use of considerable independent judgment and initiative. This classification is also the principal manager of the Code Enforcement Division. The Senior Building Inspector classification is distinguished from other classes in the Building and Code Enforcement Inspectors series by the responsibility assumed in supervising and coordinating the field operations of the Building and Code Enforcement divisions. EXAMPLES OF DUTIES: These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all- encompassing of the duties to be performed under this job title. Inspects buildings and similar structures at various stages of construction, alteration, and repair to ensure compliance to approved plans, specifications, codes, ordinances, and laws. Manages all operations of the Code Enforcement Division, including responding to citizen complaints, issuing violation notices, and effectively abating code violations throughout the City. Performs building plans examinations (excluding structural engineering) on building permit applications, and ensures that all construction projects comply with local building ordinances and State building codes. Assists in front counter operations and Over the Counter plan check. Issues appropriate permits for projects meeting codes, and posts stop work, prohibited occupancy, and hazardous conditions notices on construction sites and existing structures which fail to meet code. Prepares the Code Enforcement Division’s budget for presentation to the Chief Building Official; may be required to present budget at City Council and other meetings. Provides field inspection services on projects approved through discretionary entitlements; and assists Planning Division Staff in ensuring that “Conditions of Approval” are satisfied. Prepares and submits a variety of reports, memos and correspondence on code compliance, permit issuance, permit expiration, and inspection-related matters. Develops systems, procedures, handouts, and other aids necessary to maintain and improve customer service. Attachment 1 Page 18 of 266  Obtains evidence of violations; prepares reports with recommendations; assists in the preparation of cases.  Represents the Division and Department at various boards, commissions and professional groups.  Serves as Building Official in the absence of the Chief Building Official and as assigned.  Supervises, trains, and evaluates assigned inspection and code enforcement personnel.  Performs other duties as assigned. QUALIFICATIONS Knowledge of:  Title 24 of the California Code of Regulations (“California Building Codes”), disabled access, earthquake safety and flood plain regulations, modern building and construction materials, and their quality as it relates to State and City codes and ordinances.  Construction methods and materials, engineering principles and practices, and building safety standards.  All phases of construction.  Recordkeeping, reports, memos, and letter preparation; filing methods and records management techniques.  Basic mathematics necessary to perform the duties of the job.  Code enforcement procedures, including issuance of notices of violation, citations, and powers of arrest Ability to:  Read and understand complex residential, commercial or industrial construction plans and specifications and effectively and accurately interpret building plans, contract documents, schematics, and specifications.  Provide reliable and objective building code information to the general public, and to building permit applicants and/or their agents.  Supervise, evaluate, train, motivate and lead assigned staff.  Establish and maintain effective and cooperative working relationships with builders, contractors, the general public, and City officials and employees.  Maintain a positive and customer-service oriented demeanor with customers at the front counter, particularly in difficult situations.  Interpret and apply applicable codes, ordinances, and regulations related to zoning, nuisance abatement, and health and safety issues. Write and speak clearly and concisely for the purpose of instructions and reports.  Independently perform a full range of municipal code enforcement and compliance duties.  Understand local zoning requirements and conduct inspections of yard setbacks, parking spaces, fences, etc.  Work effectively with a minimum of supervision.  Use, or be familiar with, various electronic information systems and computer software, including Microsoft Word, Excel, and Access.  Effectively evaluate situations and identify problems in the field and independently arrive at a reasonable and effective course of action  Recommend proper methods of correcting building code violations in a concise and timely manner. Page 19 of 266  Prepare evidence in support of legal actions taken by the City; appear in court as necessary; testify at hearings and in court proceedings as required.  Respect the value of diversity in the workplace and the community. Experience  Two (2) years of full-time experience as a Building Inspector II with the City of Ukiah; or four (4) years of full-time experience as a level ll building and code enforcement inspector performing work with one or more inspection disciplines in another city, county, or government agency.  Two (2) years of experience in direct personnel supervision preferred. Education and Certifications:  High School diploma, or equivalent; and possession of ICC certification as a Residential Building Inspector, Residential Plumbing Inspector, Residential Mechanical Inspector, Residential Electrical Inspector.  Possession of a California Code Enforcement Officer certification from CACEO.  Successful completion of P.O.S.T. 832 P.C. course within 1 year of hire.  Possession of an ICC certification R3 and B1 is highly desirable. Necessary Special Requirement  Possession of a valid Class C California Driver's license.   Page 20 of 266 Page 1 of 2 Agenda Item No: 7.b. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2045 AGENDA SUMMARY REPORT SUBJECT: Request Council to Accept the Miracle Play Systems Project Proposal for Replacement of the Todd Grove Park Large Playground, for a Not to Exceed Cost of $226,613.56, and Approve Corresponding Budget Amendments. DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Community Services Director. ATTACHMENTS: 1. Miracle - Todd-Grove-Park-RFP-Ukiah-MPI_FINAL 2. Park Planet - Todd Grove Park - City of Ukiah RFP 3. Miracle Quote--21_0491_Todd Grove Park_007 4. 21_0491_Todd Grove Park_007_DIMS Summary: Council will consider accepting the Miracle Play Systems Project Proposal for replacement of the Todd Grove Park large playground equipment, for a not to exceed cost of $226,613.56, and approve corresponding budget amendments. Background: The City’s Todd Grove Park is the flagship park of the city, and has a variety of maintenance needs. The large playground equipment is a key feature of the park and is in need of replacement due to its age. Staff applied for and received Prop 68 funding, in the amount of $177,952, to pay for the replacement. In April of 2022, a Request for Proposals (RFP) was developed and released. The grant required a minimum match of $44,480. The matching amount was accepted in the City’s 2022-23 budget. Three proposals were received. None of the proposals met the expectations of the Department, and all bids were declined. Council was notified of this at the June 15, 2022, meeting, and new bid documents were developed and released in July of 2022. The Public Spaces Commission received a report and provided input at their August 4, 2022, meeting. New proposals were received from Miracle Play Systems and Park Planet in early September 2022. Discussion: As a key feature of the city’s flagship park, the large playground structure at Todd Grove Park plays a key role in establishing Todd Grove Park as a regional attraction. The large playground is widely considered to be the most desirable playground in the Ukiah Valley. Any replacement of the structure will need to be at least close to the same size and should include a variety of high-value recreational elements that maintain its position as the preeminent playground in the valley. First round bids did not meet this expectation. The second round RFP made this expectation clear and both firms provided improved proposals. Staff received two proposals. One from Miracle Play Systems (please refer to Attachment 1), as well as one from Park Planet (Attachment 2). Although Park Planet's submission was good, the result of Staff's evaluation of the proposals led to a unanimous decision on the superiority of the Miracle proposal. Staff's preference was Miracle's proposed Option 1. The Miracle structure will indeed be large with a 14-foot-high platform and a great variety of features and multi-sensory play elements. However, staff also liked the Ten Spin feature provided in Option 2. Miracle was requested to combine that feature into Option 1, resulting in a finalized quote and layout, provided as Attachments 3 and 4. Staff recommends accepting this proposal. Miracle has agreed to try to schedule the work for a slower time of year with an expected completion before the summer of 2023. Page 21 of 266 Page 2 of 2 This project was included and approved by Council in the 5-year CIP for the fiscal year ending 2022. However, the procurement process took longer than anticipated, and was not re-budgeted for the fiscal year ending 2023. This resulted in a request for a budget amendment. However, the requested project award is still within the $230k originally budgeted. Note: The rocketship, smaller playground unit and swing sets will remain and only the large playground unit that is aging out will be replaced. Recommended Action: Accept the Miracle Play Systems Project Proposal for replacement of the Todd Grove Park Large Playground, for a not to exceed cost of $226,613.56, and approve corresponding budget amendments. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 30322230.80100.18009: $0 PROPOSED BUDGET AMOUNT: 30322230.80100.18009: $226,614 FINANCING SOURCE: Prop 68 Funding and General Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Mary Horger, Financial Services Manager Page 22 of 266 Proposal forTodd Grove Park Playground Equipment Replacement September 13, 2022 PREPARED FOR: City of Ukiah Attn: Mary Horger 411 West Clay Street Ukiah, CA 95482 707.354.2401 mhorger@cityofukiah.com PREPARED BY: Miracle Playsystems Shana Friesen, Client Services Manager P.O. Box 263, Alamo, CA 94507 (C) 510.514.5212 shana@miracleplaygroup.com ATTACHMENT 1 Page 23 of 266 TABLE OF CONTENTS A. Cover Letter About the Firm Your Team B. Site Plan and Renderings Option #1 Option #2 C. List of Components Option #1 Option #2 D. Catalog Cuts of Equipment Option #1 Option #2 E. Color Chart Anti Microbial Coatings F. Scope of Work Project Understanding Scope of Work Option #1 Scope of Work Option #2 G. Manufacturer Warranty Miracle Advantage Eco-Friendly Playground Equipment Compliance and Quality Control H. Proposed Project Schedule I. Cost Proposal J. References K. Subcontractors L. Exceptions California State Class 'B' License 01 02 03 04 17 30 31 32 38 45 48 49 51 52 53 54 56 57 58 59 61 64 65 66 Page 24 of 266 September 13, 2022City of Ukiah Todd Grove Park Mary Horger, Financial Services Manager 411 West Clay Street Ukiah, CA 95482 Miracle Playsystems P.O. Box 263, Alamo, California, 94507  Telephone: 800-879-7730 DIR: 1000015853 CSL: 981433 Dear Ms. Horger, Thank you for considering Miracle Playsystems again for your playground replacement project at Todd Grove Park, we are excited about the opportunity and look forward to working with you! We have updated our proposal, from last submittal in May 2022, to include developmentally appropriate equipment specific to your play area along with general information requested in your request for proposals. I have visited the site and been very busy compiling project details with our team to ensure a smooth process. Miracle Playsystems will act as the Prime Contractor on this project. Miracle Playsystems possesses a Class 'B' (General Building) contractors license (CSL: 981433) and can provide proof of license before performing the work. My understanding of the work to be performed includes: providing all necessary labor, materials and equipment and incidentals to provide and install new 5-12 age (with emphasis on the 8-12 age) appropriate playground equipment in our Design Option #1 and #2, including engineered wood chips for the base under the new equipment. Our price proposal will include complete site prep and installation as well as demo and disposal of existing playground structure, complete install of new playground equipment, and upgrade of existing path and ramp to meet current ADA requirements. The existing ADA path that provides access to the northern edge of the play area will be extended to the outside edge of the historic rock gate entrance with existing bollard removed. Our equipment proposed is the newest and latest models in current production. Miracle Playsystems passion is to create inclusive, innovative and exciting playgrounds to enrich communities. Our dedicated team of sales, design, and playground construction experts will help you through each phase of your project, ensuring the utmost quality, value, and outstanding customer service. Our creative staff continually educates clients on the newest trends in playscape design and cost-effective ways to use them. Designing compliant and exciting play spaces and providing exceptional customer service are always our primary concerns. Miracle Playsystems commitment to our clients includes offering the right price on the most extensive selection of equipment that meets the industry’s highest standards of safety, durability, structural integrity and accessibility around the world. We will be proposing a range of products to help you make your playground accessible to children and caregivers of all abilities. Each playground is designed to welcome everyone of different ages and abilities and supports the following five fundamentals: 1.Provide multi-sensory play experiences 2.Encourage all children to play together 3.Allow greater accessibility 4.Ensure kids do not get overwhelmed 5.Create welcoming social environments Each piece of equipment is carefully designed for safety and undergoes rigorous testing to ensure that it meets the highest standards. Our commitment to providing a safe, positive environment for children to play begins with meeting and/or exceeding safety performance specifications established by organizations and regulatory bodies such as: ASTM, CPSC, CPSIA, IPEMA, CSA, EN. We not only comply with these standards and guidelines, but we also actively participate with ASTM and CPSC in their development and are active members of IPEMA. This proposal package including quote for product and services is a firm, irrevocable offer which is good for 90 days from the date of quote. By award of contract, our City of Ukiah Business License will be renewed and we will submit proof of all licenses and insurance necessary to perform the work. If you have any questions regarding this proposal and accompanying information, please contact me at 510.514.5212 or shana@miracleplaygroup.com. Thank you, Shana Friesen Miracle Playsystems 01 Cover Letter Page 25 of 266 02 Cover Letter DIR: 1000015853 Class B - CA Contractor license  CSL: 981433  ex 3/31/2023 About the Firm equipment design, distribution, and specialty contracting firm serving Northern and Central California; providing public agencies and architects with unique and visually stunning design solutions. Creating inclusive, innovative and exciting playgrounds to enrich communities is our passion. Our dedicated team of sales, design, and playground construction experts will help you through each phase of your project, ensuring the utmost quality, value, and outstanding customer service. Our creative staff continually educates clients on the newest trends in playscape design and cost-effective ways to use them. Although designing compliant playgrounds is always our primary concern, creating contemporary and exciting playgrounds for communities is our true passion.   For more information about our firm visit: www.miracleplaygroup.com/our-story Miracle Playsystems is built on a foundation of playground construction knowledge and interest in design innovation. Initially establishing Miracle Construction Company in 2004, Kit Steven started out in the construction industry installing playgrounds. He moved from construction to sales by purchasing the Northern California Miracle Recreation distributorship. This brought together 30+ years of experience passed from Dale Green Associates to John Harris and Associates to Miracle Playsystems and has built the small business into what now includes sales and service of everything play and park related from Central CA up to the Oregon border. Miracle Playsystems is now the largest play Shana Friesen will be your Project Manager and Main Point of Contact thru the entire project. Shana is backed by a team of inside support help. Together they work as a team to keep your project moving. Dana Thomas supports the market development of the territory and also gives design support, Kim Downes is your primary designer for the project, Kristine Baguiao-Garcia is our inside sales support, helping with quotes and order management, Stefanie Parks is our Accounting specialist. The entire team is supported by Kit Steven, Owner/Principal and Tracey Lydon, Principal/Operations Manager. Page 26 of 266 03 Cover Letter Your Team Shana Friesen will serve as the Project Manager and Point of Contact for this project. Shana has a background in Business/Marketing with many years of experience working for local, prominent landscape architects in the Sacramento region as a Marketing Manager and Client Services Manager. She came to Miracle Playsystems over 4 years ago as their Marketing Manager, working on various tasks such as website development, social media, blog writing, and graphics and Proposal developer. This experience, as well as her experience with customer coordination and management, made her a perfect choice for her latest role as Miracle Playsystem's Client Services Manager for the North Bay and East Bay Territories. Shana has strong organizational skills, exceptional knowledge of all product lines offered by Miracle Playsystems and is a trained expert in inclusive play. She works hard for her clients and with the help of her team, makes sure they are happy with their completed project. Work Experience: 12/2017 – Present 9/2015 - 5/2016 10/2003 - 1/2010 Miracle Playsystems - Client Services Manager/Marketing Manager Fuhrman Leamy Land Group - Marketing Coordinator, Roseville, CA Callander Associates - Client Services Manager, Rancho Cordova, CA Education: Sonoma State University: Bachelors of Science, Business Administration, Marketing, 2002 Shana Friesen Project Manager Contact Information: 510.514.5212 shana@miracleplaygroup.com Page 27 of 266 04 Site Plan and Renderings Todd Grove Park - Option #1 Page 28 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities Todd Grove Park Ukiah, CA Prepared for: City of Ukiah Prepared By Shana Friesen Client Services Manager Miracle Playsystems Inc shana@miracleplaygroup.com (510) 514-5212 Page 29 of 266 Page 30 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 Multi-Sensory Play Elements Vestibular (movement and balance) Proprioceptive (body position) Tactile (touch) Auditory (hearing) Visual Olfactory Elements of Play Accessibility • Protective, shock-absorbing unitary surfacing • Wide movement routes • Smooth, even transitions on and off equipment All Children Encouraged to Play • Providing a graduated range of challenge • Grouping similar equipment together • Offering equipment for multiple age groups • Providing real choices of play for each child Opportunity for Calm • Offering cozy, quite spaces • Establishing perimeter paths and fences • Providing a wayfinding system that includes an orientation path Social Environments Solitary play - Children play alone Onlooker play - Children watch others play but do not engage in play Parallel play - Children play next to each other but are engaged in their own activities Associative play - Children are still playing independently but often do the same thing as others Cooperative play - Children interact together for the purpose of play Page 31 of 266 Dark Gray Anti-Microbial Desert Dunes Anti-Microbial SafariSilver Light GrayBrownstoneGraystone Forest Green MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities Green 09/07/2022 21_0491_Todd Grove Park_004 Colors Used In Rendering:*Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 32 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 33 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 34 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 35 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 36 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 37 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 38 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 39 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_004 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 40 of 266 17 Site Plan and Renderings Todd Grove Park - Option #2 Page 41 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities Todd Grove Park Ukiah, CA Prepared for: City of Ukiah Prepared By Shana Friesen Client Services Manager Miracle Playsystems Inc shana@miracleplaygroup.com (510) 514-5212 Page 42 of 266 Page 43 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 Multi-Sensory Play Elements Vestibular (movement and balance) Proprioceptive (body position) Tactile (touch) Auditory (hearing) Visual Olfactory Elements of Play Accessibility • Protective, shock-absorbing unitary surfacing • Wide movement routes • Smooth, even transitions on and off equipment All Children Encouraged to Play • Providing a graduated range of challenge • Grouping similar equipment together • Offering equipment for multiple age groups • Providing real choices of play for each child Opportunity for Calm • Offering cozy, quite spaces • Establishing perimeter paths and fences • Providing a wayfinding system that includes an orientation path Social Environments Solitary play - Children play alone Onlooker play - Children watch others play but do not engage in play Parallel play - Children play next to each other but are engaged in their own activities Associative play - Children are still playing independently but often do the same thing as others Cooperative play - Children interact together for the purpose of play Page 44 of 266 GraystoneLimeHunter Green Metallic Gray Green OrangeYellow MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 Colors Used In Rendering:*Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 45 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 46 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 47 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 48 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 49 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 50 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 51 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 52 of 266 MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities MIRACLE PLAYSYSTEMS. DESIGNING PLAY Creating Fun Play Environments to Enrich Communities09/07/2022 21_0491_Todd Grove Park_005 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly. Page 53 of 266 30 Model Description Qty 71452027 HEPTAGON MEGA TOWER 1 7146798 SKYWARD CLIMBER 1 7149748 WIGGLY WORM CLIMBER 1 714796P1 BELL 1 7148465 THERAPEUTIC HANDRINGS 1 7147135B DOOR (BELOW DECK) 1 714742143R "S" TUBE SLIDE RH 1 7148301 FULL ENCLOSURE W/SEAT 2 7148306 LEAN OUT ENCLOSURE 2 71483012 FULL ENCLOSURE WALL 1 7148627 PERF STEEL HEPTAGON ROOF 1 7149939 ADA STAIRS 1'6" RISE 1 7145029 DECK 2 7148062 HULA CLIMBER 1 7145019 DECK 4 71485149 TRANSFER POINT 1 7149599 ADA STAIRS 2' RISE 1 714986 INCLINED BRIDGE LOOP CLIMBER 1 714670U CHAMELEON II VORTEX SLIDE 1 714670EZ Entry Section 1 7146707 Long Straight Section 1 714670PZ CHAMELEON II SLIDE 1 714742141 TUBE SLIDE STRAIGHT 1 714967 CURVED CLIMBER 1 7149929 KIDS' PERCH 2 7146088 WAVY WEDGE WALL WALKER 1 7146386 GROOVE II SLIDE 1 7147225 SERPENT TREK 1 7148155 END LADDER 1 7148135 DECK ENCL 1 7148435 CHINNING BAR 1 714782 CRUNCH STATION 1 7146384U GROOVE II SLIDE VORTEX 1 7146934 HEX CLIMBER TO 4' DK 1 7146193 POD HOPPER 1 7148624 PERF STEEL SQUARE ROOF 2 714816 WALL 2 7147139B ALEX LEMONADE STAND (BELOW DECK) 1 7147721 BONGO PERCH 2 7148172B BENCH (BELOW DECK) 1 714900P1 STEERING WHEEL (POST MOUNT) 1 714552 5" OD X 136" POST 552 ..(3'-5' DECK).. 6 7145494 5" OD X 124" POST 549-4 ..(4' DECK).. 1 714553 5" OD X 160" POST 553 ..(5'6"-6'6" DECK) 3 714551 5" OD X 106" POST 551 ..(=< 2'6" DECK) 1 714573 5" OD X 168" ROOF 573 ..(3'6"-5' DECK). 4 714574 5" OD X 186" ROOF 574 ..(5'6"-6'6" DECK). 4 714812 12" RISER 1 4621 ISOTOPE 1 7148302 UPPER ENCLOSURE 2 7148627C CUPOLA 1 5-12 Structure List of Components Todd Grove Park - Option #1 Page 54 of 266 31 5-12 Structure Model Description Qty 7145237 HEPTAGON MEGA TOWER 1 7149709 ARCH BRIDGE 1 7145129 DECK 1 714796P1 BELL 1 714850 CHAMELEON SLIDE 2 7148501 Section - Straight 4 7145256 6'-6" DECK W/VERTICAL RINGS 1 7148109 1' ADA STAIR 1 7149939 ADA STAIRS 1'6" RISE 1 7145029 DECK 1 7148502 Section - Right Turn 7 714850CZ Leg C - 114 1/4" 2 7148503 Section - Left Turn 3 714850BZ Leg B - 84-1/2" 2 714850AZ Leg A - 56" 2 714850Z Slide Exit 2 71486715 VINE CLIMBER 1 304 TEN SPIN 1 71485149 TRANSFER POINT 1 7146384U GROOVE II SLIDE VORTEX 1 7146474 ALPHA CLIMBER 1 7149929 KIDS' PERCH 1 71474969U 405 TYPHOON SLIDE DOMED WAVE 1 7146946 HYPERBOLIX (6'6" DECK) 1 4644 HORIZONTAL LOW HYPERBOLIX 1 7147721 BONGO PERCH 7 71471520 KC INTERACTIVE PANEL FRAME ONLY 1 714721 CANYON CLIMBER 1 7148486 TWISTER CLIMBER 1 7147794 DUCKWALK CLIMBER 1 714719 CLIFF CLIMBER 1 714552 5" OD X 136" POST 552 ..(3'-5' DECK).. 8 71471517B ELEC ANIMAL PANEL (BELOW DECK) 1 714900 WALL W/WHEEL 1 7148301 FULL ENCLOSURE W/SEAT 1 7148306 LEAN OUT ENCLOSURE 1 7148303 30 DEG LOOK-OUT FULL 1 71483012 FULL ENCLOSURE WALL 1 7148626 PERF STEEL HEXAGON ROOF 1 71457218 5" OD X 18" POST EXT ..572-18.. 6 7148625 PERF STEEL PENTAGON ROOF 1 714573 5" OD X 168" ROOF 573 ..(3'6"-5' DECK).. 5 7148627 PERF STEEL HEPTAGON ROOF 1 714816 WALL 2 714715205 FOUR-THE-WIN INSERT 1 7146023 MOON STEEL PANEL 1 714900B WALL W/WHEEL (BELOW DECK) 1 7149754B XYLOPHONE (BELOW DECK) 1 71471316 KC HEX/TRIANGLE PERF PANEL 1 714617B SPACE SHIP (BELOW DECK) 1 7147635B PLANET (BELOW DECK) 1 714555 5" OD X 76" FENCING & PANELS ..555.. 4 714845645 4' CARGO CLIMB-OVER 1 7145494 5" OD X 124" POST 549-4 ..(4' DECK).. 2 7148645SR HANDRING BRIDGE "S" RH ONLY 1 7148155 END LADDER 2 List of Components Todd Grove Park - Option #2 Page 55 of 266 32 Catalog Cuts of Equipment Todd Grove Park - Option #1 Page 56 of 266 33 Catalog Cuts of Equipment Todd Grove Park - Option #1 Page 57 of 266 34 Catalog Cuts of Equipment Todd Grove Park - Option #1 Page 58 of 266 35 Catalog Cuts of Equipment Todd Grove Park - Option #1 Page 59 of 266 36 Catalog Cuts of Equipment Todd Grove Park - Option #1 Page 60 of 266 37 Catalog Cuts of Equipment Todd Grove Park - Option #1 Page 61 of 266 38 Catalog Cuts of Equipment Todd Grove Park - Option #2 Page 62 of 266 39 Catalog Cuts of Equipment Todd Grove Park - Option #2 Page 63 of 266 40 Catalog Cuts of Equipment Todd Grove Park - Option #2 Page 64 of 266 41 Catalog Cuts of Equipment Todd Grove Park - Option #2 Page 65 of 266 42 Catalog Cuts of Equipment Todd Grove Park - Option #2 Page 66 of 266 43 Catalog Cuts of Equipment Todd Grove Park - Option #2 Page 67 of 266 44 Catalog Cuts of Equipment Todd Grove Park - Option #2 Page 68 of 266 45 Color Chart Miracle Recreation Page 69 of 266 46 Color Chart Miracle Recreation Page 70 of 266 47 Color Chart Miracle Recreation Page 71 of 266 48 Color Chart Anti-Microbial Coatings Problem: Transmission of Communicable Diseases As in all public areas, playgrounds can be a place where children transfer bacteria that may cause/carry communicable diseases. As a leading playground equipment manufacturer, we're doing our part to help defend kids against the spread of germs and the risk of disease transmission. Solution: Mira-Cote by Miracle Anti-Microbial Coatings for posts, rails, climbers and swing frames contain a compound that inhibits the growth of bacteria that may cause diseases. These coatings cover gripping points on play structures - places where kids hands touch most frequently. Our proprietary anti-microbial treatment helps protect your children and your playground from bacteria and the wide range of problems that germs can create. Features & Benefits Minimizes growth of bacteria, fungus and algae on equipment surfaces Helps reduce odors and stains on play components Works to make playground surfaces and equipment resistant to mold and mildew Assists in keeping playgrounds looking attractive Ten color choices (see below) Page 72 of 266 49 Scope of Work Todd Grove Park is located in the heart of Ukiah on Live Oak Avenue. The park has a little something for everyone in the community. The expansive 16 acre park has playgrounds, volleyball, horseshoe pits, amphitheater, shaded areas, picnic areas and barbecues. The community pool which offers swim classes, pool rental, and public swim sessions is across the way from the playground. The park is a hub for many community events such as "Sunday's in the Park", movie nights, community yard sales, and many gathering with friends and families enjoying a lazy afternoon at the park for birthday parties and other celebrations. Todd Grove Park is a definite Ukiah Gem! The current playstructures are starting to show their age. The HAGS wooden structures have held up thru the years but we understand the maintenance issues with an all-wooden structure. The maintenance department mentioned how hard it is to clean up graffiti and find that people carve stuff into the wood as well. It is also hard to make repairs as the structure is outdated. Overall while the structure has held up for the last 15+ years, it needs a modern, low maintenance, new and exciting structure upgrade that is able to withstand the high traffic this park attracts while lasting for many years to come. We are proposing 2 options. Project Understanding Page 73 of 266 The scope of services for Option #1 and #2 shall include tasks described below: SCOPE OF WORK: The scope of work is to include all necessary labor, materials and equipment and incidentals to provide and install new playground equipment, including border and engineered wood chips for the base. •Project Location: The proposed project is to be located in the existing playground area on the eastern edge of the park along Live Oak Avenue. The project will consist of removing an existing play structure that has aged and is unrepairable. The replacement structure will be placed in the same location of the existing, with approximately the same footprint. The new equipment will be age appropriate for children 5-12 years of age. Also included in the project is an upgrade to the existing path and ramp into the playbox to meet current ADA standards. •Project Guidelines: The project will meet current U.S. Consumer Product Safety Commission (CPSC) and American Society for Testing and Materials (ASTM) guidelines and standards as set forth in the most current Handbook for Public Playground Safety. Configuration of and equal access to all apparatus and areas will comply with the Americans with Disabilities Act (ADA) requirements for public agencies. The project will also meet all American National Standards Institute (ANSI), UL, and Federal requirements/guidelines. •Product Materials: All equipment is to be constructed primarily of metal, plastic, treated/composite wood product, or other suitable material which has been pre-approved by the City. Slide bedways are to be constructed of plastic or composite. The playstructure proposed is comprised of recycled materials. Miracle Recreation is an environmentally conscious company continuously working to improve our processes. Miracle Recreation is certified as compliant with the ISO 14001:2015 standard by our registrar Intertek. •Site Conditions: Site conditions may include drain inlets/lines, irrigation lines, utility lines, tree roots and/or other obstacles. In no case will the footings be drilled within six (6) feet of any mature trees. Tree canopies or other obstacles will be considered when planning equipment layouts. It is our responsibility to confirm dimensions, locate trees, and ascertain other pertinent conditions. It is our responsibility for all utility identification of the site. We will be responsible for ensuring safety and the security of the site and all equipment and materials during installation. We will provide construction fencing, signage, and any other measures to ensure safety/security. •All services shall be provided in accordance with the City's draft agreement. •Demolition and disposal of existing 5-12 playground structure, bollard on inside of gate and old ADA ramp •Remove and redistribute EWF under new construction to the other parts of the playbox to fill box •Complete installation of new 5-12 playground equipment •Equipment will be newest and latest model in current production •Upgrade existing path and ADA ramp into playbox to meet current ADA requirements. Concrete path shall be the same width as existing path to end at outside (eastern) edge of the historic rock gate. The path should be at a level that allows the gate to swing closed and should be flush with existing asphalt. •Install and spread new EWF under new playground structure •Once project is complete, we will provide a written guarantee, parts list, recommended maintenance schedule, installation manual and specifications, documentation of compliance with CPSC, ASTM, and ADA guidelines, warranty and two sets of any specialized assembly and/or maintenance tools for all equipment. 50 Scope of Work Todd Grove Park - Option #1 & #2 Page 74 of 266 51 Option #1: We propose to replace the 5-12 structure with a new, innovative, massively huge structure with lots of extreme slides, shade and climbing elements to excite and entice the kids in the community. The 14' deck has 2 huge tube slides which are fun and enticing for the kids in the higher bracket of this age group as well as the younger kids who love challenges. The Isotope Climber is challenging for the upper aged kids and multiple kids of all ages can play on it together easily. The playstructure was designed with some nice, natural colors such as Desert Dunes and Safari, and Greys and Browns which complement the existing 2-5 wooden structure and nearby Rocket Ship Slide. The structure has integrated shade which is a must for shaded play in the hotter months. The whole design is massive and looks exciting to play on especially for the older kids who want that extra bit of challenge in their play. This 5-12 Mega Tower structure from Miracle Recreation encompasses the 5 elements of play in the design. There are multi-sensory play elements such as 5 slides that encourage vestibular (movement and balance), climbing elements such as the Isotope climber which encourages proprioceptive (body position) movement, a bell which engages the sense of auditory. The graduated range of challenging play from lower slides and climbers to high, massive slides provides a way for all children to play together. The ADA steps and transfer points on multiple areas of the equipment offer accessibility for children with limited mobility. There is opportunity for calm with quiet cozy spaces hidden below the decks of the structure. Lastly, the entire playstructure encourages socialization with play. There are areas for solitary, onlooker, parallel, associative and cooperative play. Scope of Work Todd Grove Park - Option #1 Page 75 of 266 52 Option #2: We propose to replace the 5-12 structure with a new, innovative structure that complements the 2-5 structure and the Rocket Ship slide nearby. There are touches of the space exploration theme throughout the design like the Planet, Moon and Space Ship Panels that tie this and the surrounding play areas together in a fun way! The panels are placed to overlook towards the existing Rocket Slide which engages kids in imaginative play. The design has lots of challenging elements for kids in the higher bracket of the age group. There is an abundance of challenging climbing equipment that draws the older kids to play and really tall, 10' slides which gives kids that adrenaline rush! The Ten Spin nearby adds some vestibular spinning fun to the play space and it is a fun piece of equipment for multiple kids of all ages to play on together. The 5-12 Mega Tower structure from Miracle Recreation encompasses the 5 elements of play in the design. There are multi-sensory play elements such as 4 slides that encourage vestibular (movement and balance), an abundance of climbing elements such as the Hyperbolix climbers, 'S' Handring Bridge, Cargo Climb-Over, Canyon Climber and Twister Climber which all encourage proprioceptive (body position) movement, a bell and xylophone which engages the sense of auditory. The graduated range of challenging play from the lower Groove II Slide and mega high 10' Chameleon slides and a large range of climbers provides a way for all children to play together. The ADA steps and transfer points on multiple areas of the equipment offer accessibility for children with limited mobility. There is opportunity for calm with quiet cozy spaces hidden below the decks of the structure and play panels on the outer edge with fun space ship theme designs to engage sensory play. Lastly, the entire playstructure encourages socialization with play. There are areas for solitary, onlooker, parallel, associative and cooperative play. The look of the structure is simple, modern and the colors complement the surrounding landscape of clusters of trees, open spaces and nature. Scope of Work Todd Grove Park - Option #2 Page 76 of 266 Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below. Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties: LIMITED WARRANTY FOR AS LONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, VersaLok® fastening system, cast aluminum parts, and stainless steel hardware.   LIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below. LIMITED TEN (10) YEAR WARRANTY:  Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception: Limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, Zesty Lime, Cinnamon, and Olive.) LIMITED EIGHT (8) YEAR WARRANTY: LIMITED FIVE (5) YEAR WARRANTY: LIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards. LIMITED ONE (1) YEAR WARRANTY: BUYER’S REMEDY:  If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA.  Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color.  Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. LIMITATIONS:  All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable. Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions. Warranties specifically do not cover Miracle products: THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER’S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT. Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. Integrated shade fabric and components against rot, UV deterioration and defects in materials and workmanship (Note Exception: Limited Three (3) Year Warranty for fabric in shades of red).   Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. Mira-Therm™ PVC coating and PE coating against cracking or peeling.   Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.).   GFRP (Glass Fiber Reinforced Polymer) Products. Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating). Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. Pool slide support structures, stairways, landings and railings.  All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products. for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber; that have been modified, altered, or repaired by unauthorized third parties; that have not been used as designed or intended, or misused; to which non-Miracle parts have been added or substituted; that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God. 53 Manufacturer Warranty Miracle Recreation Equipment Company Page 77 of 266 54 MIRACLE RECREATION EQUIPMENT COMPANY BRINGS YOU THE THRILLS OF A LIFETIME! Miracle is one of the nation’s first and most innovative playground equipment manufacturers. We first began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid- powered merry- go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven 90+ years of innovation, including the introductions of the first fiberglass slide (1963), the 25- foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space. This never-ending dedication to innovation is the reason why, even after more than 90+ years, the Miracle legacy remains focused on building yours. We believe the experience of building a playground should be as intuitive as playing on it. From design, specification, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream. Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours. Page 78 of 266 55 Miracle Advantage We believe the experience of building a playground should be as intuitive as playing on it. From design, specification, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream. Our clamp design features a stainless steel, tamper-resistant fastener that eliminates the need for stacking multiple clamps. Versalok This textured vinyl coating for deck surfaces helps prevent rapid heat transfer, while the circle pattern keeps little fingers safe. Mira-Therm™ The 3D textured pattern makes it easy —and comfortable — for kids to make their next moves. Gator Grip Provides superior strength and durability, advanced color fastness and UV resistance. Compound Resin We’re committed to providing equipment that meets and/ or exceeds the performance safety specifications established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN. To verify product certification, visit www.ipema.org. Safety Page 79 of 266 56 Eco-Friendly Playground Equipment Miracle Recreation® Making a Better World for Our Children As a manufacturer, it’s our responsibility to do what we can to create a healthy, sustainable future for generations to come. Our dedication to green practices encompasses multiple aspects of our company – including our manufacturing practices and the products we develop. ISO 14001 Certified The Miracle Recreation® environmental management system was certified as compliant with the ISO 14001:2015 standard by our registrar Intertek. We are an environmentally conscious company continuously working to improve our processes. Here are some steps we’ve taken to ensure that we meet those standards: Slashing waste through improved technology and processes Selling unused plastic regrind to keep it out of landfills Recycling damaged plastic molded parts to manufacture Border Timbers Recycling all steel cutoffs into new steel Implementing new corrugated, battery and plastic recycling programs ISO 14001 Certification requires continual improvement, so we’ll keep working to reduce pollution and waste for a healthier earth. LEED Points LEED stands for Leadership in Energy and Environmental Design. If you’re looking to “go green” in your community, we can help your organization meet its green building goals by providing up to 9 LEED points. Achieving these points not only helps create healthier, more environmentally friendly projects, but also confirms your environmental commitment to your community. Ask your local Miracle Recreation representative for more information. Page 80 of 266 57 Compliance and Quality Control Honest Price Promise For the past 91 years, we've built our company on integrity, customer service and quality at honest prices. We don't intend to stop doing that anytime soon. Our promise is to provide you with the best solution for your playground needs, with no gimmicks or misleading terms. Give us a chance to give you a better price. Just provide us any competitive quote, along with a drawing, and we will design a play structure of equal or better play value. Thank you for the opportunity to earn your business. Safety That Protects Kids First, But Never Forgets FUN! Miracle designs and tests all equipment to meet or exceed the American Society for the Testing of Materials (ASTM) Standards, and the Consumer Product Safety Commission (CPSC) Guidelines. Compliance is certified by the International Play Equipment Manufacturer's Association (IPEMA). Quality That's More Than Just a Claim Only the highest quality, longest lasting, environmentally sound construction materials are used ISO 14001: 2004 Certification in 2008 for healthier, more sustainable manufacturing processes ISO 9100 Certificate for maintaining stringent standards in design, production, testing and quality control UV stabilizers added to plastic and paint colors for long-lasting fade resistance Chip and scratch-resistant, powder-coated steel parts and innovative deck coating process Our triple "Flo-Coat" galvanized steel tubing provides protection against corrosion and is backed with a 100-year warranty as long as you own the product Optional coatings featuring anti-microbial additives available Choose from thousands of combinations and cutting-edge custom designs Our expert staff of designers, innovators, engineers and fabricators build high-quality, safe and durable play spaces Our Custom Design Studio is ready to collaborate with you on any theme or unique design request Wide range of decks, climbers and slides 24 standard powder-coat paint colors 10 anti-microbial powder-coat paint colors 25 plastic colors 6 deck colors All playgrounds designed for maximum play value Designs that help every child play Compliance with American Disabilities Act (ADA) Accessibility Guidelines for Play Areas Pioneering universally designed playgrounds for kids of all ages and abilities Page 81 of 266 58 Proposed Project Schedule Todd Grove Park Design Purchasing Production Delivery ConstructionAward of Contract Completion of Playground Spring 2023Spring 2023Winter-Spring 2023November 2022Oct-Nov 2022October 5, 2022 Spring 2023 *Will be complete before June 2023 Page 82 of 266 59 Cost Proposal Todd Grove Park - Option #1 Page 83 of 266 60 Cost Proposal Todd Grove Park - Option #2 Page 84 of 266 61 References Pickleweed Park, San Rafael Located near the Albert J. Boro Community Center, the park features sports fields, picnic area sand a large brightly colored playground. This park has 3 Miracle structures so everyone can find something to play on! The area has a large Kids Choice Mega Tower with 14’ decks with lean out enclosure and two large tube slides! The structure also has two additional fun slides for kids as well as a Jax climber and freestanding Jax climbers. The 2-5 kids structure has lower slides and climbers with a lovely shade sail over the top. The third structure is a 2-12 age which is a perfect in-between challenge for kids who are not yet ready to tackle the 14’ mega slides. The park also features swings and benches for parents to rest and keep an eye on their little ones. Reference Contact Name: Theo Sanchez, Associate Civil Engineer, City of San Rafael Phone and Email: (415) 458-5326, theo.sanchez@cityofsanrafael.org Page 85 of 266 62 References Beamer Park, Woodland This City of Woodland wanted to revamp this community park which sits in the heart of this charming small town. The park is surrounded by other amenities which are very well used by the community such as a tennis court and city pool. Updating this park was a welcome addition to this central gathering spot for the community. The look of the park is modern and fun with the stone grey colors mixed in with tan and brown, it looks different than any other park in the community. The park features lots of cool elements for kids to have fun with including a Gravity Cube and Wavy Wedge Wall Walker for climbing fun, Pirouette to hop and jump on and Concerto Vibes musical instrument so children can make their own music. There are two playstructures so children of all ages can play together. The toddler playstructure has lots of fun activities like a 360 degree Typhoon slide and tot rock climber. The older kids playstructure has multi-level decks, a 855 degree Typhoon slide, 2 other slides, 270 degree Try Rings, Fossil Bluff Climber and Dome Climber. Reference Contact Name: Wes Schroeder, Park Superintendent, City of Woodland Phone and Email: (916) 996-8461, westley.schroeder@cityofwoodland.org Page 86 of 266 63 References McConnell Park, Elk Grove This 6.6-acre park was originally built in 1995 in the Hampton Village neighborhood of Elk Grove. The revitalization project was made possible by the residents of Hampton Village who voted to increase their annual assessments to fund both the construction and maintenance of the new facilities. The renovated park has something for everyone to enjoy! The playgrounds were renovated with separate areas for 2-5 and 5-12 year olds with customized Miracle play structures with bright, fun colors. The outdoor musical space is a place where people of all ages and abilities can collaborate in creative ways. The Concerto line of instruments from Miracle Recreation will nurture discovery and bring joy to children, families and communities. Adults and children can also come together and work out on the Miracle Recreation Fitness Equipment which is installed around the playground. Wabash benches are placed around the play structures, so parents can relax and have a great view of their children playing happily on the new playground. This playground needed an update and we think it came together perfectly! Reference Contact Name: Sheri Noblett, Senior Landscape Architect, Consumnes CSD Phone and Email: (916) 405-5354, SheriNoblett@csdparks.com Page 87 of 266 64 Subcontractors Playgrounds Unlimited Project Installer Contact Information: 408.244.9848 customerservice@playgroundsunlimited.com Work Performing - Playground Installer Playgrounds Unlimited has been “Building Play, The Right Way, Since 1996.” Playgrounds Unlimited has more than 25 years of industry experience. Our primary business focus is on playground construction, installation, and renovation, Poured-in-Place (PIP) rubber safety surfacing, synthetic turf, sun shelters, pre-fab buildings, shade canopies, and water play equipment. Playgrounds Unlimited’s extensive knowledge of playground requirements based on manufacturer recommendations and Consumer Product Safety Commission (CPSC) guidelines and American Society for Testing and Materials (ASTM) standards is why we are the industry leader in playground installation. Playgrounds Unlimited holds an “A” General Engineering and C61-D34 California State Contractors License #756794. Playgrounds Unlimited is a NPCAI Qualified Contractor (National Playground Contractors Association, Inc.). Playgrounds Unlimited is an IPEMA member (International Play Equipment Manufacturers Association). •Demolition and disposal of existing 2-5 and 5-12 playground structures and climbing wall (if needed) •Remove and redistribute old EWF and top off with new EWF to correct depth per fall zone requirements •Complete installation of new 2-5 and 5-12 playground equipment (and climbing wall space if needed) provided by Miracle Playsystems Page 88 of 266 65 Exceptions We do not have any exceptions to this RFP for Todd Grove Park. Page 89 of 266 66 California State Class 'B' License Page 90 of 266 Don't forget to follow us on Social Media! Shana Friesen, Client Services Manager shana@miracleplaygroup.com (510) 514-5212 miracleplaygroup.com THANK YOU! Page 91 of 266 Park Planet (877)-473-7619 415 Elm St Sales@parkplanet.com Red Bluff CA 96080 COVER LETTER – RFP # 104922-0086 Park Associates Inc., dba as Park Planet is pleased to submit a proposal for the City of Ukiah – Todd Grove Park RFP. 09/14/22 As your representative at Park Planet, I will function as the overall project manager and oversee all aspects of ordering, scheduling, delivering. Thank you for the opportunity to provide the enclosed proposal. Kyle Knox Park Associates Inc. dba Park Planet 877.473.7619 CA License #959805 DIR# 1000423561 This offer/RFP is firm for 90 days. I AUTHORIZE AUTHORITY TO ENTER INTO CONTRACTS ON BEHALF OF THE COMPANY; DENA CARTER ABOUT US - QUALIFICATIONS OF KEY PARTIES Park Associates Inc. has been in the recreation industry for almost 20 years and we are not your “average” playground distributor. We have a full-time staff of 10 employees, whose backgrounds include NCAA Div. I Sports, Airforce Maintenance, Naval Logistics, Competitive Cross-Fit and Fantasy Football. We pride ourselves on being more accessible and more responsive than your average sales reps. All employees are available Monday-Friday at the Corporate office in Redding, CA or via cell phone when in the field. We are an aggressive team committed to becoming the fastest and most experienced resource for all outdoor recreation needs. Our 10-person sales team consists of experts in the field of shade, playgrounds, surfacing and site amenities. With our Contractor’s license we have acted as the prime contractor on jobs totaling over $20 million since 2012. Our team has experience with building permits, engineering, and turn-key installations that often include field obstacles that take experience and analytical thinking to resolve. Since our inception, Park Associates Inc. has sold over $100 million worth of product and services in and outside of California. LEADTIME – Playcraft It will take approx. 12-14 weeks from award of contract to deliver our equipment to City of Redding. ATTACHMENT 2 Page 92 of 266 Page 93 of 266 Page 94 of 266 Page 95 of 266 Page 96 of 266 www.parkplanet.com415 Elm St, Red Bluff CA 96080 O: 877-743-7619 F: 530.246.0518 Proposal For: Todd Grove Park Ukiah, CA Kyle Knox - Territory Manager Direct: 541-315-0001 Email: Kyle@parkplanet.com Page 97 of 266 *Colors and textures may vary from actual product Todd Grove Park City of Ukiah Page 98 of 266 *Colors and textures may vary from actual product Todd Grove Park City of Ukiah Page 99 of 266 *Colors and textures may vary from actual product Todd Grove Park City of Ukiah Page 100 of 266 *Colors and textures may vary from actual product Todd Grove Park City of Ukiah Page 101 of 266 *Colors and textures may vary from actual product Todd Grove Park City of Ukiah Page 102 of 266 CITY OF UKIAH -TODD GROVE PARKTOP VIEW STRUCTURE#: NF526451A PROJECT#: PPT22E70F8C DATE: 9/1/2022 PLAYCRAFT REP: Park PlanetMIN. USE ZONE: 55' x 52' GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. R5 FOR KIDS AGES 5-12 ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 12 9/6 0 9/4 4/3 Page 103 of 266 CITY OF UKIAH -TODD GROVE PARKTOP VIEW STRUCTURE#: STAPC1303 PROJECT#: PPT22E70F8C DATE: 9/1/2022 PLAYCRAFT REP: Park Planet GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. No ne ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0 0/0 0/0 Page 104 of 266 CITY OF UKIAH -TODD GROVE PARKSITE PLAN PROJECT#: PPT22E70F8C DATE: 9/1/2022 PLAYCRAFT REP: Park PlanetMIN. USE ZONE: 49' x 51' GENERAL NOTES: This Preliminary Site Plan is based on measurements that were provided in the initial planning phase. All dimensions must be verified prior to the submission of a purchase order. Playcraft Systems will not be held responsible for any discrepancies between actual dimensions and dimensions submitted in the planning phase. The Minimum Use Zone for a play structure is based on the product design at the time of proposal. Components and structure designs may be subject to change which may affect dimensions. Therefore, before preparing the site, we strongly recommend obtaining final drawings from the factory (available after the order is placed and included in the Assembly Manual). WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. R5 FOR KIDS AGES 5-12 ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 12 9/6 0 9/4 4/3 Page 105 of 266 Bill of Materials 9/1/2022 Project# PPT22E70F8CCITY OF UKIAH -TODD GROVE PARK Item Description Quantity NF526451A HS-1004-R Collars 112 HS-1004-R35 Collars R35 15 GF-7002 Dome Cap, R5 8 S-1010-R5-10ft Post, 10ft R5 3 S-1011-R5-11ft Post, 11ft R5 2 S-1012-R5-12ft Post, 12ft R5 2 S-1014-R5-14ft Post, 14ft R5 2 S-1015-R5-15ft Post, 15ft R5 1 S-1018-R5-18ft Post, 18ft R5 6 S-1102-R5 Tri-Deck 7 S-1103-R5 Hex Deck, Half (5 Post)1 S-1110-R Filler, 12in 1 S-1206-24IW45 ADA Stairs, 24in Rise w/ Infinity Walls 1 S-1209-30IW Infinity Transfer Station, 42in-R 1 S-1234-8R Climber, Spiral Step 90-96in 1 S-1293-R5 Net Tower Ladder 9 S-1301-IW Wall, Infinity (Standard)5 S-1301-IW24 Wall, Infinity 24in (Filler)1 S-1303-R5 Single Slide SitDown Hood 1 S-1309-IW-R5 Infinity Half Walls (Pair)2 S-1310-IW-R5 Infinity Transition Wall 1 S-1535-DTG-LR36 Climber, Crawl-Netix 36in (L-Shaped, DTG, R) 1 S-1608-R5 Memory Panel 1 S-1618-R5G Seek Panel (Standard)1 S-1644-R5 Gear Panel 1 Page 1 of 2 Page 106 of 266 Bill of Materials (continued) Item Description Quantity S-16522-R5G Duo Panel 1 S-1701-3 Slide, Single 36in (Straight)1 S-1709-X2SP-L X-Tower Spiral Portal Slide Left 1 S-1709-X2SP-R X-Tower Spiral Portal Slide Right 1 S-1803-R5 Roof, Hex 1 S-1850-R5 Arc Extension Topper 2 S-1926-LR5 Center Access Hex Net Deck (96in)1 S-1928-XMN XM Tower w/ Crawl Netix 1 S-1933-R5 Spin Cycler 1 S-5101-H Half Frame 1 S-5103 Geo-Hex Wall 1 S-5104 Hex Net Frame 1 S-5203-DL Tri-Ring Bay (Deck)1 S-5204-DL Molecule Bay (Deck)1 S-5303 Snake Net Extension 1 S-5304-BMIR Bubble Mirror Extension 1 STAPC1303 A2-1303 1303 Safety Sign (5-12, HDPE)1 Page 2 of 2 Page 107 of 266 Page 108 of 266 Page 109 of 266 Page 110 of 266 Page 111 of 266 Page 112 of 266 Page 113 of 266 Page 114 of 266 1 Page 115 of 266 2 Page 116 of 266 3 Page 117 of 266 4 Page 118 of 266 5 Page 119 of 266 Page 120 of 266 Page 121 of 266 6 Page 122 of 266 Introducing Playcraft System’s FINISH WARRANTY PLAYCRAFT SYSTEMS SHALL WARRANT ITS POWDER COATING AND PLAY- TUFF COATING FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF INVOICE. PLAYCRAFT SYSTEMS WARRANTS AGAINST CRACKING AND/OR PEELING DUE TO NORMAL CLIMATIC EXPOSURE. THE FOLLOWING ACTS AND/OR OMISSIONS ARE NOT COVERED BY OUR WARRANTY: 1) DAMAGE TO OUR FINISHES CAUSED BY MECHANICAL ABUSE SUCH AS SCRATCHES, ROUGH HANDLING, INSTALLATION, OR VANDALISM/ABUSE; 2) DAMAGE TO OUR FINISHES CAUSED BY DIRECT CONTACT WITH SALT WATER, CHEMICALS, OR OTHER CORROSIVE AGENTS; 3) PHYSICAL DAMAGE DUE TO ENVIRONMENTAL HAZARDS AND ACT OF GOD; 4) LACK OF MAINTENANCE OR ALTERATIONS TO THE FINISH. NO WARRANTY IS MADE WITH REGARD TO GLOSS RETENTION OR UNIFORMITY OF GLOSS AND COLOR RETENTION. PLAYCRAFT SYSTEMS RESERVES THE RIGHT TO DETERMINE WHAT ACTION, IF ANY, WILL BE TAKEN TO RECTIFY ANY COATING FAILURE. THIS WARRANTY SHALL APPLY TO THE REPAIR OR REPLACEMENT OF COATINGS (AT PLAYCRAFT SYSTEMS DISCRETION) OF THE MATERIAL INVOLVED AND SHALL NOT INCLUDE REIMBURSEMENT OF CONSEQUENTIAL EXPENSES SUCH AS INSTALLATION, REMOVAL, OR DISPOSAL. THIS WARRANTY DOES NOT COVER REPAIR OF THE ITEM(S) BY ANY OTHER SERVICE PROVIDER. Page 123 of 266 Page 124 of 266 ATTACHMENT 3 9/30/2022 Job Number: Job: P21_0491_Todd Grove Park Quote Name: Q-04240-20220930-1229 Quote Number: Q-04240 Prepared by: ShanaFriesen shana@miracleplaygroup.com Terms: Net 30 Remit to: Miracle Playsystems, Inc. 1276 S Main St., Salinas, CA 93901 Sub Total: $199,547.92 Freight: $15,844.00 Estimated Tax: $11,221.64 Total: $226,613.56 Miracle Equipment Product Code Description Qty Rate Total Estimated Tax ( if applicable) EQUIP1 Miracle Play Structure for Ages 5-12 Per Plan Version 007 1 $139,541.00 $104,655.75 $9,288.21 Playground Equipment Installation Services Product Code Description Qty Rate Total Estimated Tax ( if applicable) B14 Remove and Dispose of Existing Ramp 1 $1,950.00 $1,950.00 $173.07 B11 Playground Demo and Disposal (large structure) and Bollard Removal 1 $5,568.20 $5,568.20 $0.00 C17 Pull Back Existing Wood Fiber Surfacing and Distribute On Site 207 $28.20 $5,837.40 $0.00 B15 Equipment Installation to Plan Per Specification (Prevailing Wages Apply) 1 $55,864.22 $55,864.22 $0.00 B21 ADA Concrete Walkway Extension (No Color). Walkway to be 5'x38'x4". Flush With Existing Sidewalk and Asphalt. Allow Iron Gate to Close. 190 $36.53 $6,940.70 $615.99 P21_0491_Todd Grove Park MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853 Page 1 of 4 Page 125 of 266 9/30/2022 Product Code Description Qty Rate Total Estimated Tax ( if applicable) B14 Concrete ADA Ramp 1 $6,115.00 $6,115.00 $542.71 Wood Fiber Surfacing Product Code Description Qty Rate Total Estimated Tax ( if applicable) C15 Wood Fiber Material Only (100 CY or More) 207 $32.75 $6,779.25 $601.66 C17 Wood Fiber Surfacing Install Only (Non-Blow In) 207 $28.20 $5,837.40 $0.00 Sub Total: $199,547.92 Total Freight: $15,844.00 Total Estimated Tax: $11,221.64 Grand Total: $226,613.56 Company: ________________________________________ Signature: ________________________________________ Name: ___________________________________________ Date: ____________________________________________ Please confirm or edit order information below. End User Company: City of Ukiah End User Contact: End User Email: Delivery Contact: Mary Horger Delivery Email: Bill To Email: Bill To: City of Ukiah, 411 West Clay Street, Ukiah, CA, 95482 P21_0491_Todd Grove Park MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853 Page 2 of 4 Page 126 of 266 9/30/2022 mhorger@cityofukiah.com Delivery Phone: Delivery Address: 600 Live Oak Avenue Ukiah CA 95482 Site Address: 600 Live Oak Avenue Ukiah Customer Reference #: INDEMNITY Client/Owner shall defend, indemnify and hold harmless Miracle Playsystems, Inc., its officers, directors, board of trustees, agents, or employees and each of them, from any and all claims, demands, causes of action in law or in equity, damages, penalties, costs, expenses, reasonable attorneys’ fees, reasonable experts’ fees, reasonable consultants’ fees, judgments, losses or liabilities, of every kind and nature whatsoever arising out of or in any way connected with or incidental to, the performance of the services under this Agreement or any of the obligations contained in this Agreement (“Claims”). Without limitation, “damages” include personal injury, including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Miracle Playsystems, Inc., or any other person; or other damages of any kind to anyone including, without limitation, economic loss, property damage and loss of use thereof. It is expressly acknowledged and agreed that each of the foregoing indemnities is independent, that each shall be given effect, and that each shall apply despite any acts or omissions, misconduct or negligent conduct, whether active or passive, on the part of, or other contractor(s); provided, however, Miracle Playsystems, Inc. duty to indemnify shall be limited to the percentage or the degree Miracle Playsystems, Inc. comparative negligence caused any damages. STANDARD NOTES •Price quotation is good for 30 days. Accurate color selections must be made in writing prior to equipment going into production. Colors to be confirmed with your local sales representative. •PLEASE MAKE PURCHASE ORDER TO MIRACLE PLAYSYSTEMS, INC at PO Box 263 Alamo, CA 94507 •PLEASE REMIT CHECKS TO: MIRACLE PLAYSYSTEMS INC., 1276 S MAIN ST, SALINAS, CA 93901 •Please email/fax quotation with your signature to accept this quote and place order. Fax 510-893-2163 or email Info@MiraclePlayGroup.com •Unless otherwise specified, Miracle Playsystems, Inc DOES NOT include the following in this proposal: •Engineered drawings •Installation of equipment or other site amenities •Specialty trades, equipment, power supply required to install equipment •Any insurance requiring in excess of $1M/$2M per occurrence, special insurance coverage or wording, Prevailing/Certified wage rates, local permitting, bid/performance bonds, temp fencing, geo tech surveys, playground safety inspection, equipment offload, and testing services. •Inspect equipment upon delivery. Color discrepancy must be reported at time of delivery. Installation constitutes acceptance of colors. •Warranty does not cover labor for reinstallation. TERMS & CONDITIONS •Purchase contract terms & conditions of sale: The client/customer’s acceptance and understanding of these terms & conditions and all other supporting documentation provided as part of this package is evidenced by signing of this estimate/quote. •Payment terms: Standard terms (on approved credit), unless otherwise noted are 50% with order and balance to ship equipment (no retention). Should any changes be required to the products after order is placed, modifications or changes will be at client/customers P21_0491_Todd Grove Park MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853 Page 3 of 4 Page 127 of 266 9/30/2022 expense. Miracle Playsystems, Inc maintains a no return policy and asks all clients to determine feature, layout and color selection prior to ordering. Should any order be cancelled after production has started a 30% restocking fee will be charged to client. Credit card convenience fee is 3.5% which will be added to all credit card charges •Lead times: Estimated lead times for the time the order is released into production until it is delivered will vary. •Lead times may currently be extended due to reasons such as supply chain issues, shipping delays, raw material shortages, and other COVID-19 related impacts. •Custom play feature lead times are determined on a case by case basis. CONSTRUCTION SERVICES (if applicable) Unless otherwise noted, we exclude responsibility for material delivery & offloading equipment, removal & disposal of packaging accumulated by equipment packaging, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts or delay of other trades, removal of spoils from job site, locating underground: utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, CPSI. Conditions: Grades; stable, compacted & workable with 95% compaction and less than 1% grade, adequate access to site for labor, materials, tools and equipment. Estimate good for 90 days from quote or Dec. 31 of current calendar year, whichever comes first. Terms: Upon completion. GENERAL TERMS •THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN: Miracle Playsystems, Inc. objects to any other terms proposed by client, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Client authorizes Miracle Playsystems, Inc. to ship equipment and agrees to pay the total specified. Shipping terms are FOB the place of shipment via common carrier. •Client and owner/operator agree to indemnify and hold Miracle Playsystems, Inc. harmless from and against all liabilities, losses, penalties, damages and expenses, including costs and attorney fees, resulting from any and all claims, liens, damages, actions, suits, judgments or settlements, injuries arising or alleged to arise out of their failure, or failure of architect, contractors, subcontractors, installers, employees, agents and assigns to assemble, install, inspect and/or maintain the play equipment and impact absorbing surfacing in full compliance with each manufacturers installation instructions and safety requirements and their misuse and/or alteration of the play equipment. Company: ______________________________________ Signature: ______________________________________ Name: ______________________________________ Date: ______________________________________ P21_0491_Todd Grove Park MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853 Page 4 of 4 Page 128 of 266 ATTACHMENT 4 Page 129 of 266 Page 130 of 266 Page 1 of 2 Agenda Item No: 7.c. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2046 AGENDA SUMMARY REPORT SUBJECT: Consider Adoption of Resolution Amending Rates for Legal Services Provided by the City Attorney to $275 Per Hour. DEPARTMENT: City Manager / Admin PREPARED BY: Maya Simerson, Project & Grant Administrator PRESENTER: Maya Simerson, Project and Grant Administrator ATTACHMENTS: 1. Resolution - Attorney Rates 22 Summary: David J. Rapport has provided contractual City Attorney services to the City of Ukiah on an as- needed basis since July 7, 1983. The City Council will consider a resolution to increase the rates for legal services provided by the City Attorney and Assistant City Attorney Darcy Vaughn to $275 per hour. Background: David J. Rapport has provided contractual City Attorney services to the City of Ukiah on an as needed basis since July 7, 1983. Mr. Rapport’s experience and vast knowledge of municipal law are valued assets for the City. In addition, Mr. Rapport’s long tenure provides a high level of continuity. The current rate of $200 was last reviewed and set on June 17, 2015. Ms. Vaughn, who had been providing services under the City Attorney contract, was designated by City Council resolution on September 21, 2016, as Assistant City Attorney. The resolution also authorized Mr. Rapport to bill the City for the services provided by Ms. Vaughn under his contract with the City, and at rates that do not exceed the rates approved by the City Council. Discussion: The rate for City Attorney legal services has not been reviewed or adjusted for over seven years. Mr. Rapport's current rate was last adjusted in 2015 and is well below the market rate. Staff reviewed the rates of adjacent cities that contract for legal services. While the Mendocino County average hourly rate is $200 per hour, this does not take into consideration that many of the contracts include hourly rates for litigation and/or special projects that have higher hourly rates. These special rates range from $225 to $250 per hour. Staff also researched and analyzed the legal contracts of three neighboring organizations in our market area that are located in Sonoma County. The rates from those three cities reflect an average of $307 per hour, with litigation and/or special project work ranging from $340 to $495 per hour. In comparison, Mr. Rapport's request for an updated flat rate of $275 per hour is on the lower spectrum for legal services provided to similar cities in the market area by attorneys with similar experience. Furthermore, the City is charged a flat rate regardless of the category of service Mr. Rapport provides. Given that Mr. Rapport is local, the City is not subject to travel costs often associated with similar contracts by other providers for other cities. The requested rate increase will also include an annual cost of living adjustment based on the Consumer Price Index, not to exceed 5% per year or be less than 0%. Staff is recommending adoption of a Resolution (Attachment 1) that would be effective October 5, 2022, and increases the hourly rate under the contract for legal services between David J. Rapport and the City of Ukiah, to $275 for the services provided directly by David J. Rapport and Darcy Vaughn from the Law Offices of Rapport and Marston. Billing rates would be adjusted annually on October 1, commencing in 2023, to reflect Page 131 of 266 Page 2 of 2 any increase in the cost of living, based on the Bureau of Labor Statistics Consumer Price Index, and rounded to the nearest five dollars ($5.00) not to be less than 0% and not to exceed 5% per year. Recommended Action: Adopt a resolution amending the hourly rate under the contract for legal services between David J. Rapport and the City of Ukiah, increasing the rate to $275 for the services provided directly by David J. Rapport and Darcy Vaughn from the Law Offices of Rapport and Marston. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: Approved by Council annually in department budgets PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Funds are billed by direct service time; Primary funds are 200,777,800,820,840 PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU No. 2223-103 COORDINATED WITH: Sage Sangiacomo, City Manager Page 132 of 266 Attachment 1 RESOLUTION NO. 2022-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING A RATE INCREASE FOR CITY ATTORNEY SERVICES TO $275 PER HOUR. WHEREAS: 1. The City of Ukiah (City) originally retained David J. Rapport to provide legal services as the Ukiah City Attorney on July 7, 1983; and 2. The contract for said legal services allows for fee increases by City Council resolution; 3. The City last approved a rate increase for Mr. Rapport and assistant City Attorney Darcy Vaughn on June 17, 2015, at an hourly rate of $200; and 4. Mr. Rapport's experience and knowledge of municipal law, acquired over 39 years, allow for the efficient and timely provision of legal services to the City; and 5. Mr. Rapport's long tenure provides a level of continuity and institutional knowledge of value to the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah hereby approves an hourly rate under the Contract for Legal Services between David J. Rapport and the City of Ukiah, of $275 for the services provided directly by David J. Rapport, as City Attorney, and Darcy Vaughn, as Assistant City Attorney, from the Law Offices of Rapport and Marston. Said rate to begin on October 1, 2022. BE IT FURTHER RESOLVED that commencing on October 1, 2023, and each year thereafter, this billing rate shall be adjusted by the percentage increase in the Consumer Price Index over the prior 12-month period, not to exceed 5% or be less than 0%. As used herein, the term "Consumer Price Index" shall mean the United States Department of Labor's Bureau of Labor Statistics' Consumer Price Index, All Urban Consumers, All-Items, for the San Francisco-Oakland-San Jose area (1982- 84=100), or the successor of such index, or, if no successor index is designated, then such other index to which the parties agree. PASSED, ADOPTED and APPROVED this 5th day of October, 2022, by the following vote on roll call vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Jim O. Brown, Mayor ATTEST: _______________________________ Kristine Lawler, City Clerk Page 133 of 266 Page 1 of 2 Agenda Item No: 7.d. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2049 AGENDA SUMMARY REPORT SUBJECT: Consideration of Approval to Add Administrative Analyst to the City Manager Department and Corresponding Budget Amendment. DEPARTMENT: City Manager / Admin PREPARED BY: Shannon Riley, Deputy City Manager PRESENTER: Consent Calendar ATTACHMENTS: None Summary: The City Council will consider approving the addition of an Administrative Analyst to the City Manager's Department. Background: With the 2022-23 budget, the City Council authorized positional adjustments with the retirement of City's Emergency Management Coordinator, which resulted in the elimination of the coordinator position and the assignment of the corresponding management duties of the position to a reclassified Senior Management Analyst (formerly Management Analyst II position) and the addition of an Administrative Analyst. The net results of the adjustments were no change in the number of team members and a minor budgetary savings. The City Manager's Department currently consists of the following team members: • City Manager • Deputy City Manager • City Clerk • Senior Management Analyst (serves as Emergency Management Coordinator) • Part-time Project and Grant Administrator (15-20 hours per week) The part-time Project and Grant Administrator is dedicated to high-level special projects, like property acquisition and complex contract negotiations, and is not available for additional hours. The Senior Management Analyst is also assigned high-level work, including acting as the staff lead for the Diversity and Equity Committee and serving as the half-time Emergency Management Coordinator, which was previously filled by a full-time person. The Deputy City Manager performs Economic Development work, public information/education, special projects, and serves as backup for the City Manager, City Clerk, and Senior Management Analyst. There is no general administrative support for the Department. Discussion: The City has continued to take on significant projects, including more major street projects than have ever been performed at one time, major regional planning efforts, the adoption of a Climate Emergency Resolution and the accompanying action steps, the final steps of the 2040 General Plan and its associated implementation measures, the coordination of regional water and sewer districts, the rehabilitation of City facilities, and more. When major projects are implemented, the expectations for citizen engagement and the need for public information/education increases dramatically. The City Manager's Office has carried out a careful evaluation of the workload, including current projects and initiatives, pending projects, and deferred work due to lack of capacity. There is, and has been, a significant need Page 134 of 266 Page 2 of 2 for administrative support that would serve all of the existing department team members; additionally, support is needed for the general implementation of City goals, core values, policies and priorities, and for the oversight of various employee and community-related programs and projects. Examples of these include the Diversity and Equity Committee's Action Plan, the action items associated with the Climate Emergency Resolution, and the continued development of the City's Emergency Management plans. Further, the City is anticipating the unprecedented availability of grant funds from State and Federal sources. In order to take full advantage of these opportunities, it will require a significant amount of work to track, be "shovel ready" for, apply, implement, and monitor each project. In short, there is more than enough work than current capacity can support, and if staffing remains at the current levels, not all opportunities may be able to be pursued. Therefore, in order to more effectively provide oversight and support to the other departments and to more efficiently accomplish the Council's goals and serve the community, the City Manager's Office is recommending the addition of a second Administrative Analyst. The job description and compensation package would be the same as the previously approved (and not yet filled) Administrative Analyst (link to job description here: Job Description), with a salary range of $54,937.08 - $66,776.52 per year. The corresponding budget amendment would be for $65,000 to cover salary, benefits, and office equipment, as needed. Recommended Action: Approve addition of Administrative Analyst to the City Manager Department and corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 0 PROPOSED BUDGET AMOUNT: $65,000 FINANCING SOURCE: NA PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA COORDINATED WITH: Sage Sangiacomo, City Manager Page 135 of 266 Page 1 of 2 Agenda Item No: 12.a. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2032 AGENDA SUMMARY REPORT SUBJECT: Consideration of Approval of a Baseline Methodology and Thresholds for 1) Evaluating Future Land Use Development and Transportation Projects; and 2) Screening Projects by Size for the City's 2040 Draft General Plan and to be Responsive to the Requirements of SB 743 Pertaining to CEQA (Continued from 09-21-22) . DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development Director; Don Hubbard, Colin Burgett, and Todd Tregenza, GHD ATTACHMENTS: 1. Tech Memo - Ukiah SB-743 Methodology-Rev 9.15.22 2. 9-21-22 13a Presentation Given at Meeting 3. 743 Methodology-10.3.22 GHD memo - posted 10-4-22 Summary: Council will consider approval of a baseline methodology and thresholds for 1) evaluating future land use development and transportation projects; and 2) screening of projects by size for the City's 2040 Draft General Plan and to be responsive to the requirements of SB 743 pertaining to CEQA. Background: The City is in the process of updating its General Plan, of which a public review draft 2040 General Plan was released on August 5, 2022. A Draft Environmental Impact Report (DEIR) is being prepared for evaluation of environmental impacts from the draft General Plan, and a component of this DEIR is an analysis of the foreseeable environmental impacts related to transportation-related greenhouse gas emissions generated from future land use and transportation projects. SB 743, signed into law in 2013, changed the way the State measures the impacts of new development and transportation projects. In the past, projects were evaluated based on the potential increase in traffic in the immediate area and the effect on delay at intersections. The new approach focuses on evaluating the effect of new development and transportation projects on "Vehicle Miles Traveled" or "VMT" based on the total distances traveled by motor vehicles, which reflects the efficiency of land use and transportation patterns, the provision of multi-modal transportation facilities, and the diversity of local land use patterns. In short, SB 743 aims to better promote statewide policies that (a) combat climate change by reducing greenhouse gas emissions and particulates; (b) encourage infill development and a diversity of uses instead of sprawl; and (c) promote multi-modal transportation networks, providing clean, efficient access to destinations and improving public health through active transportation. As part of implementing SB 743, revisions to CEQA Section 15064.3 that describe specific considerations for evaluating a project’s transportation impacts went into effect statewide on July 1, 2020. Given the analysis of foreseeable environmental impacts required through the City's 2040 General Plan DEIR preparation process, and that the City has not yet adopted a baseline methodology or thresholds for evaluation of land use development and transportation projects or screening criteria, the City requested its General Plan mobility consultant GHD prepare a technical memorandum with recommendations for this methodology and thresholds. On September 15, 2022 GHD completed the Technical Memorandum in Attachment 1. The Technical Memo described the proposed methodology for assessing transportation impacts in Ukiah consistent with SB 743 and Page 136 of 266 Page 2 of 2 current CEQA Guidelines. The Memo also proposed recommendations for the setting of thresholds for 1) evaluating transportation and land use development projects; and 2) screening of projects by size (Section 5, pages 4-5). At City Council's September 21, 2022, regular meeting, there was discussion by Council about the proposed methodology and thresholds. Council continued the item to the October 5, 2022, regular meeting, with direction to Staff to provide real-world examples of the proposed methodology, as well as an analysis of the differences between a countywide and citywide average methodology. See Attachment 2 for a copy of the slides presented at the September 21 meeting. Discussion: Staff working with GHD has researched items directed by Council, but at the time of agenda publication, did not yet have a finalized memorandum. Upon finalization of this research and prior to the October 5, 2022, meeting, this information will be distributed to the Council and uploaded to the agenda packet. Recommended Action: Approve recommended thresholds and methodology for 1) evaluating future land use development and transportation projects; and 2) screening projects by size for the City's 2040 Draft General Plan and to be responsive to the requirements of SB 743 pertaining to CEQA. 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 Page 137 of 266 Technical Memorandum The Power of Commitment 11196303 1 September 15, 2022 To Craig Schlatter, City of Ukiah Contact No. (707) 463-6219 Copy to Jim Harnish, Mintier Harnish Email cschlatter@cityofukiah.com From Don Hubbard, TE, AICP Project No. 11196303 Project Name City of Ukiah General Plan Update Subject SB-743 Methodology 1. Introduction This memorandum describes the proposed methodology for assessing transportation impacts in Ukiah consistent with SB-743 and current CEQA Guidelines. SB-743 addresses a range of topics and aims to better promote statewide policies that (a) combat climate change by reducing greenhouse gas emissions and particulates; (b) encourage infill development and a diversity of uses instead of sprawl; and (c) promote multi-modal transportation networks, providing clean, efficient access to destinations and improving public health through active transportation. As part of implementing SB 743, revisions to CEQA Section 15064.3 that describes specific considerations for evaluating a project’s transportation impacts went into effect statewide on July 1, 2020. CEQA gives lead agencies broad discretion over analytical methodologies. CEQA Guidelines §15064.3(b)(4), which is new with SB-743, reads: “Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.” No particular methodology or metric is mandated; the choice is left to the lead agency. In making this choice, an agency should bear in mind what sort of criteria the legislature had in mind for determining the significance of transportation impacts goals of SB-743. These were expressed in PRC §21099(b)(1), “Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” The methodology described in this memo is based on the one developed for the Sacramento Blueprint Project, the groundbreaking study of how smart growth policies could lead to reductions in vehicle-miles traveled (VMT). The Blueprint Project represented a sea change in how transportation impacts were analyzed, because it demonstrated that conventional travel demand models have inherent blind spots that make them insensitive to the effects of residential and employment density, neighborhood design, and a diversity of land uses in close proximity to one another (the 3 D’s). It went a step further and developed procedures external to a traffic model to forecast the effects of the 3 Ds on travel behavior. This work won a host of awards including US-EPA’s National Award for Smart Growth Achievement, FHWA’s Transportation Planning Excellence Award, the American Institute of Architects’ Presidential Citation, and AMPO’s National Award for Outstanding Achievement in Metropolitan Transportation Planning. Attachment 1 Page 138 of 266 11196303 2 2. Description of the Methodology The methodology consists of determining the land use characteristics of each neighborhood and then assessing the potential for interacting with complementary land uses through non-auto trips. Data shows that when housing is in close proximity to retail and services uses people will walk or bike to those uses at least some of the time, and even if they drive the trips will be short (i.e. low VMT trips). Similarly, the likelihood of people walking or biking to work, rather than driving, depends on the distance between their homes and workplaces. So measures of proximity are also measures of the potential for VMT reduction. The steps in the methodology are shown in Figure 1. These are: Inputting Land Use Data 1) The study area, the city of Ukiah and its vicinity, were divided into in hexagons. The size of the hexagons was based on survey data of typical distances for walking trips by Americans. The idea being that land uses in a given hexagon would be within comfortable walking distance of complementary land uses in the six adjacent hexagons. 2) The existing land uses in each hexagon were then grouped into three categories as follows:  Residential, measured in households  Retail, measured in jobs. This category includes services such as banking and beauty salons that typically attract more trips by customers than commute trips by employees  Non-retail, also measured in jobs. This includes office, industrial, and agricultural jobs where the majority of trips are made by employees rather than customers. Figure 2, Figure 3, and Figure 4 show the existing distribution of households, retail jobs, and non-retail jobs in Ukiah, respectively. Computing Diversity Indicators 3) The land uses in each hexagon are then combined with the land uses in the six adjacent hexes to represent the diversity of land uses available within walking distance to people in the hexagon. 4) The potential for interaction with complementary land uses was then estimated using three diversity indices, each representing a different type of transaction:  Jobs/Housing Diversity, which represents a person’s ability to walk to their place of employment. In traffic forecasting this type of trip is termed a home-based work (HBW) trip.  Retail/Housing Diversity, which represents a person’s ability to walk for shopping trips. In traffic forecasting this type of trip is termed a home-based other (HBO) trip.  Job/Mix Diversity, which represents the interaction between retail and non-retail uses. For example, office workers walking to nearby restaurants or coffee shops. In traffic forecasting this type of trip is termed a non-home-based work (NHB) trip. The formulas for these indices are as follows: Jobs/Housing Diversity =1-[(b*HHs-EMP)/(b*HHs + EMP)] Jobmix Diversity = 1-[(c*REMP-NEMP)/(c*REMP + NEMP)] Retail/Housing Diversity = 1-[(b*HHs-REMP)/(b*HHs + REMP)] Where: HH = Number of households REMP = Number of Retail and Service Jobs Page 139 of 266 11196303 3 NEMP = Number of Non-Retail Jobs EMP = Total number of jobs (i.e. REMP + NEMP) b = total regional employment / total regional households c = total regional non-retail jobs / total regional retail jobs d = total regional retail/service employment / total regional households These formulas produce scores for individual hexagons that range from -1 to 1, with a score of 0 indicating an ideal mix of land uses and scores of -1 and 1 indicating that only one of the land uses is present. The ideal mix of land uses, found in the formulas as “a”, “b”, and “c”, was determined from the county-wide mix of the three land uses types. The rationale for this is the fact that land uses tend to balance when viewed over a large area. For example, government jobs may be concentrated in one area and industrial jobs in another, while residences and shops are distributed among various other communities, but when taken as a whole the housing, retail, and non-retail uses in a region tend to occur in the correct proportions for that particular type of region. 5) The scores for the three types of diversity were then mapped out. These maps can be used by City staff to identify which parts of the city have a good balance of land uses and which might benefit from zoning that would promote a better mixing of land uses. Computing City-Wide Score 6) For some purposes, such as evaluating general plan alternatives, it is useful to be able to compute a combined diversity score for the study area as a whole. The first step in doing this is to convert the diversity scores from the -1 to 1 range used in the scores for individual hexagons into their absolute values, with 0 again indicating a perfect mix of uses and 1 indicating no mix at all (i.e. a single land use type). If this were not done, then the scores of, say, over-retailed and under-retailed neighborhoods in different parts of the city would cancel each other out, when in fact both have a poor land use balance. 7) The three types of diversity are not equally important for every hexagon because the number of HBW, HBO, and NHB trips depends on the land uses in the hex. The table below shows the number of trips of each type generated by each of the three land use categories: Trip Purpose Trip Generation Rate Household Retail Job Non-Retail Job Home-Based Work 2.2 1.2 1.7 Non-Home-Based 1.0 8.1 1.9 Home-Based Other 5.9 8.2 0.8 Total 9.0 17.5 4.4 8) The land uses for each hex are then multiplied by the trip generation rates and used to compute the percentage of total trips in each trip category. Figure 5 shows the total trips generated by hex zone. 9) The three individual scores for each hexagon are then combined into an individual score for each hexagon using the trip types as weighting. 10) The scores for the individual hexagons are then combined using the number of trips generated by the hex to weight their contribution to the city-wide score. Note that this means that the inclusion of vacant hexagons outside of the city will have no effect on the outcome; they generate no trips and so their scores will be weighted at zero. Page 140 of 266 11196303 4 3. Results Figure 6, Figure 7, and Figure 8 show the three diversity scores for existing land uses. Figure 9 shows the total diversity by zone for existing land uses. These figures show several things:  Much of the city core scores quite well, between -0.30 and 0.30, on jobs/housing diversity (see Figure 6). This indicates the success that Ukiah has achieved in enabling people to live and work in close proximity.  The edges of the city do not score as well on jobs/housing diversity (see Figure 6). However, this does not hurt the city’s overall score as much as Figure 6 might imply, because there are relatively few jobs and residences in those areas. This is indicated by the small size of the circles in the hexagons in Figure 6.  The city as a whole is over-retailed in relation to its population, due to the fact that it serves as the main retail destination for a large surrounding area (see Figure 7). This has implications both for sales tax revenues (good) and VMT (bad).  Figure 8 shows that, with the exception of the city core (the light-colored hexagons), retail and non-retail jobs tend to be concentrated in different parts of the city (the red and blue hexagons in the figure). This limits their potential for interaction that does not involve driving. 4. Advantages of the Methodology This methodology offers a number of practical advantages: a) Ease of Use: It does not require expensive software and special training to use, as is the case with most traffic models. City staff can evaluate projects using the Excel program already found on their computers. b) Nuanced, Informative Results: Unlike other methodologies, whose output is a just a number saying the VMT is high or low, this methodology provides a clear indication of the underlying causes of high or low auto use. For example, it might show the analyst that a proposed housing project is in a location that lacks local shopping opportunities and might be improved with the addition of locally-serving retail. c) Appropriate Scale: While this methodology cannot substitute for a convention traffic model for forecasting over large geographic areas (entire counties), it is likely to provide a more accurate representation of travel behavior in a small town than is possible with a conventional model. This is because traffic models incorporate certain necessary simplifications, such as centroid connectors and frictionless intersections, that are inconsequential when forecasting long trips but are highly distorting when forecasting trip-making over small areas. With a total area of less than 5 square miles, Ukiah is the sort of compact, walkable city better suited to a proximity-based model than a trip-based model. 5. Thresholds CEQA analyses performed under SB-743 require the use of thresholds, as was the case for the LOS-based analyses they replaced. We recommend that the City establish three types of thresholds, namely: 1) Thresholds for Screening by Size: CEQA offers categorical exemptions for very small projects from having to do EIRs, both because of the negligible impact they are likely to have and because the expense of performing an EIR might make small projects unviable. We recommend that the City use the Class 1, for small expansions of existing uses, and Class 3, for new small projects, exactly as they are written in CEQA Guidelines §15301 and §15303. Some jurisdictions are experimenting with converting the thresholds in the CEQA guidelines, which as measure in square Page 141 of 266 11196303 5 feet, into some sort of equivalent in vehicle trips per day. We do not recommend this, because it involves a series of assumptions that may prove difficult to defend and in any case offers no significant advantages for Ukiah over the sections as written. 2) Thresholds for Land Development Projects: The methodology described in this memo is intended for use in analyzing land use projects. As with other aspects of SB-743, there is a lot of uncertainty regarding how the thresholds should be set. OPR’s Technical Advisory suggested using a threshold requiring a 15% reduction in VMT over existing conditions. The 15% number originated in CARB’s California’s 2017 Climate Change Scoping Plan, where it was computed as the average reduction needed to achieve the State’s GHG reduction goals. However, this state-wide average may not be appropriate for all jurisdictions, and CARB has more recently set higher targets in some MPO areas and lower targets in others. For example, CARB’s latest plan calls for a 19% reduction in VMT for the four largest MPOs1 down to less than 10% for some of the smaller MPOs. Since Ukiah is not in an MPO region, we suggest using the targets for Shasta RTA, since it is both the geographically closest MPO and demographically most similar MPO to Ukiah. CARB set the target for Shasta RTA at a 4% reduction in average per-capita VMT. 3) Thresholds for Transportation Projects: As stated earlier, it is the intent of SB-743 that lead agencies use, criteria that “... shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” (PRC §21099(b)(1)). We recommend setting a threshold that explicitly focuses on balancing transportation modes within the city. An example would be: “A project’s impacts shall be deemed significant if it results in a percentage increase in road capacity higher than the percentage increase in bicycle or multi-use capacity.” Note that this threshold would make all active transportation projects presumptively less-than- significant. It would not preclude the City from undertaking road expansion projects, but it would mean that such projects would need to include expansion of the bicycle facility system as well. As written, it would require a 1%-to-1% expansion of the two systems, but it could easily be tweaked to require a 1%-to-2% or 3% expansion of bike facilities to help that system catch up with the facilities offered to cars. 6. Using the Methodology for Individual Projects To use this methodology for an individual land use project is similar to that used for evaluating the General Plan, except that instead of computing a score for the entire city, you would only compute the score for the hex where the proposed project will be constructed. This score will reflect the proposed project’s interactions with all the other land uses2 within typical walking distances. The idea is to see whether or not the project moves the neighborhood it is in towards the “Goldilocks” spot where the three main types of land uses are in perfect balance. The Goldilocks framing is best illustrated with a hypothetical example of a developer proposing to build a residential project in a hex agon that, with its neighboring six hexagons, currently has 500 dwelling units, 500 retail jobs, and 500 non-retail jobs. The developer would like to build 2,000 additional dwelling units, but their EIR will include a reduced-impact alternative with only 500 additional dwelling units. City staff would note the diversity indices for existing conditions, then add 2,000 households and note the results. They would repeat the procedure for 500 households. When they tabulate the results, they would get a table like the one shown below. 1 SCAG, MTC, SANDAG, and SACOG 2 This should include both existing and already-approved land uses Page 142 of 266 11196303 6 The right-most column in the table shows that this project would improve the land use balance in the neighborhood, and that the reduced-impact alternative would be superior to the developer’s preference in terms of land use diversity. The analyst could stop there, and conclude that under either alternative the project would have less-than-significant impacts on the area. However, if they took the analysis one step further and input a range of project sizes into the spreadsheet, they could get a more nuanced feel of the interactions at work in this location. Figure 10 shows the Jobs/Housing diversity for different numbers of households, given that 500 retail and 500 non-retail jobs are within walking distance. The black dot shows existing conditions. With 500 households, this area has fewer DUs than would be optimal for this amount of employment. However, the reduced-impact alternative (blue dot) would result in a nearly ideal mix of jobs and households. The developer’s preferred alternative of adding 2,000 DUs (red dot) would over-shoot the ideal; the area would go from having too few DUs to having too many for the number of jobs nearby. Figure 11 repeats the range analysis, but this time for Retail/Housing Diversity. The black dot shows that the area is over-retailed in proportion to the number of nearby homes. The blue dot shows that the reduced impact alternative pushes the balance in the right direction, but the area would remain over-retailed. The red dot shows that the area would go from having too little retail for the area it serves to having too little. Nevertheless, it would be closer to the ideal mix than existing conditions. Figure 12 completes the analysis by showing the combined score for a range of project sizes. The shape changes because the combined score uses absolute values, with zero indicating a perfect mix. The most interesting thing about this figure is that it shows that the Goldilocks project size would be about 900 additional DUs (so 1,400 DUs in total if you include the existing 500). This would result in the optimal amount of residential development for an area with 500 retail and 500 non-retail jobs. Someone may wonder why the score in Figure 12 does not go down to zero for the optimal residential amount. The reason is that the interaction between the retail and non-retail jobs, the JobMix Diversity, is not affected by the number of households nearby. Since the proportions of retail and non-retail jobs is in this case not ideal, an ideal score cannot be achieved in this location; at least not without tinkering with the amount of employment. This example illustrates the key advantages of this methodology. In just an hour or two, using just a spreadsheet, a City staff person could evaluate a proposed project’s effects on land use balance and opportunities for non-auto trips, and thus its effects on VMT. The analysis would not only reveal how the project would alter the land use balance but also points towards ways to optimize the project. Existing City Average 0.27 0.24 0.35 0.30 Existing Project Hexagon -0.32 0.33 -0.49 0.40 +500 DUs 0.02 0.33 -0.18 0.20 51% +2,000 DUs 0.44 0.33 0.27 0.32 22% % Improvement in Diversity Total Diversity Score Retail/ Housing Diversity Jobmix Diversity Jobs/ Housing Diversity Project Alternative Page 143 of 266 11196303 7 Figure 1: Methodology Flowchart Key Divide Analysis  Area into  Hexagons Retail/Housing Households Retail Jobs Non‐Retail Jobs for each  Hexagon Aggregate to   Hex & 6  Neighbors JobMix Diversity Compute  Jobs/Housing  Diversity Non Home‐Based Home‐BasedOther Home‐Based Work  Trip‐GenRate by  Land Use Non Home‐Based Home‐BasedOther Total Home‐Based  Work Trips for  each Hex Weighted Score for each Hexagon 1 2 3 4 7 8 9Retail/Housing JobMix Diversity Jobs/Housing  Diversity Map 5 Retail/Housing JobMix Diversity Absolute Values   of Jobs/Housing  Diversity by Hex CombinedCity‐Wide Diversity Score 6 10 GIS Task Computation Datafrom Research Output Page 144 of 266 Lo w G ap Road E a s t Perkins S t reet E a s t G o b b i S tr e e t S o u t h S t a t e S t r e e t R ede m eyer R o a d S o u t h Dora S t r e e t TalmageRoad De s pina Dr iv e N o r t h S t a t e Str e e t Nor th Mai n S t r e e t N o r t h S c h o o l S t r e e t Mas on S tre e t Nor th O a k S t r e e t N o r t h D o r a S t r e e t West Mill S t r e e t Wa l n u t A v e n u e S o u t h M a i n S t r e e t NorthStateStreet E mpire Drive No r t h O r c h a r d Av en ue A i r p o r t P a r k B o u l e v a r d Commerce Drive S o u t h D o r a S t r r e t Orr Springs Road Cypress Avenu e S o u t h O a k S t r e e t 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Source Zone Households (HH) 0 - 3 HH 4 - 9 HH 10 - 32 HH 33 - 53 HH 54 - 71 HH 72 - 126 HH 127 - 162 HH 163 - 230 HH 231 - 314 HH 315 - 393 HH Annexation Areas City Limits Highway Roads FIGURE 2 09/01/2022Date -Revision No. 11196303Project No.CITY OF UKIAH GENERAL PLAN UPDATE 2040 HOUSEHOLDS (EXISTING)Map Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area, Highway, Roads: Mintier Harnish, 2022. World Imagery: MaxarCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 01 Sep 2022 - 14:30 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 145 of 266 Lo w G ap Road E a s t Perkins S t reet E a s t G o b b i S tr e e t S o u t h S t a t e S t r e e t R ede m eyer R o a d S o u t h Dora S t r e e t TalmageRoad De s pina Dr iv e N o r t h S t a t e Str e e t Nor th Mai n S t r e e t N o r t h S c h o o l S t r e e t Mas on S tre e t Nor th O a k S t r e e t N o r t h D o r a S t r e e t West Mill S t r e e t Wa l n u t A v e n u e S o u t h M a i n S t r e e t NorthStateStreet E mpire Drive No r t h O r c h a r d Av en ue A i r p o r t P a r k B o u l e v a r d Commerce Drive S o u t h D o r a S t r r e t Orr Springs Road Cypress Avenu e S o u t h O a k S t r e e t 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Source Zone Retail Jobs 0 - 1 Jobs 2 - 5 Jobs 6 - 9 Jobs 10 - 20 Jobs 21 - 28 Jobs 29 - 61 Jobs 62 - 93 Jobs 94 - 142 Jobs 143 - 232 Jobs 233 - 377 Jobs City Limits Annexation Areas Highway Roads FIGURE 3 09/01/2022Date -Revision No. 11196303Project No.CITY OF UKIAH GENERAL PLAN UPDATE 2040 RETAIL JOBS (EXISTING)Map Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area, Highway, Roads: Mintier Harnish, 2022. World Imagery: Earthstar GeographicsCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 01 Sep 2022 - 14:29 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 146 of 266 Lo w G ap Road E a s t Perkins S t reet E a s t G o b b i S tr e e t S o u t h S t a t e S t r e e t R ede m eyer R o a d S o u t h Dora S t r e e t TalmageRoad De s pina Dr iv e N o r t h S t a t e Str e e t Nor th Mai n S t r e e t N o r t h S c h o o l S t r e e t Mas on S tre e t Nor th O a k S t r e e t N o r t h D o r a S t r e e t West Mill S t r e e t Wa l n u t A v e n u e S o u t h M a i n S t r e e t NorthStateStreet E mpire Drive No r t h O r c h a r d Av en ue A i r p o r t P a r k B o u l e v a r d Commerce Drive S o u t h D o r a S t r r e t Orr Springs Road Cypress Avenu e S o u t h O a k S t r e e t 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Source Zone Non-Retail Jobs 0 - 4 Jobs 5 - 18 Jobs 19 - 33 Jobs 34 - 45 Jobs 46 - 56 Jobs 57 - 86 Jobs 87 - 167 Jobs 168 - 291 Jobs 292 - 559 Jobs 560 - 978 Jobs Annexation Areas City Limits Highway Roads FIGURE 4 09/01/2022Date -Revision No. 11196303Project No.CITY OF UKIAH GENERAL PLAN UPDATE 2040 NON-RETAIL JOBS (EXISTING)Map Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area, Highway, Roads: Mintier Harnish, 2022. World Imagery: MaxarCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 01 Sep 2022 - 14:28 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 147 of 266 Lo w G ap Road E a s t Perkins S t reet E a s t G o b b i S tr e e t S o u t h S t a t e S t r e e t R ede m eyer R o a d S o u t h Dora S t r e e t TalmageRoad De s pina Dr iv e N o r t h S t a t e Str e e t Nor th Mai n S t r e e t N o r t h S c h o o l S t r e e t Mas on S tre e t Nor th O a k S t r e e t N o r t h D o r a S t r e e t West Mill S t r e e t Wa l n u t A v e n u e S o u t h M a i n S t r e e t NorthStateStreet E mpire Drive No r t h O r c h a r d Av en ue A i r p o r t P a r k B o u l e v a r d Commerce Drive S o u t h D o r a S t r r e t Orr Springs Road Cypress Avenu e S o u t h O a k S t r e e t 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Source Zone Total Trips 0 - 31 trips 32 - 135 trips 136 - 331 trips 332 - 468 trips 469 - 740 trips 741 - 1,308 trips 1,309 - 2,198 trips 2,199 - 4,251 trips 4,252 - 6,658 trips 6,659 - 9,735 trips Annexation Areas City Limits Highway Roads FIGURE 5 09/12/2022Date -Revision No. 11196303Project No.CITY OF UKIAH GENERAL PLAN UPDATE 2040 TOTAL TRIPS (EXISTING)Map Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area, Highway, Roads: Mintier Harnish, 2022. World Imagery: MaxarCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 13 Sep 2022 - 11:20 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 148 of 266 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Jobs-Housing Diversity -1 - -0.90 -0.89 - -0.80 -0.79 - -0.70 -0.69 - -0.60 -0.59 - -0.50 -0.49 - -0.40 -0.39 - -0.30 -0.29 - -0.20 -0.19 - -0.10 -0.09 - 0 0 - 0.09 0.10 - 0.19 0.20 - 0.29 0.30 - 0.39 0.40 - 0.49 0.50 - 0.59 0.60 - 0.69 0.70 - 0.79 0.80 - 0.89 0.90 - 1 Null Total Trips Trips 0 3,245 6,490 9,735 Annexation Areas City Limits Highway Roads FIGURE 6 09/12/2022Date -Revision No. 11196303Project No. JOBS/HOUSING DIVERSITY & TOTAL TRIPS BY HEX ZONE (EXISTING) GENERAL PLAN UPDATE 2040 CITY OF UKIAHoMap Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area: Mintier Harnish, 2022. World Imagery: Earthstar GeographicsCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 13 Sep 2022 - 14:07 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 149 of 266 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Retail-Housing Diversity -1 - -0.90 -0.89 - -0.80 -0.79 - -0.70 -0.69 - -0.60 -0.59 - -0.50 -0.49 - -0.40 -0.39 - -0.30 -0.29 - -0.20 -0.19 - -0.10 -0.09 - 0 0 - 0.09 0.10 - 0.19 0.20 - 0.29 0.30 - 0.39 0.40 - 0.49 0.50 - 0.59 0.60 - 0.69 0.70 - 0.79 0.80 - 0.89 0.90 - 1 Null Total Trips Trips 0 3,245 6,490 9,735 Annexation Areas City Limits Highway Roads FIGURE 7 09/12/2022Date -Revision No. 11196303Project No. RETAIL/HOUSING DIVERSITY & TOTAL TRIPS BY HEX ZONE (EXISTING) GENERAL PLAN UPDATE 2040 CITY OF UKIAHoMap Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area: Mintier Harnish, 2022. World Imagery: MaxarCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 13 Sep 2022 - 14:13 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 150 of 266 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Jobmix Diversity -1 - -0.9 -0.89 - -0.80 -0.79 - -0.70 -0.69 - -0.60 -0.59 - -0.50 -0.49 - -0.40 -0.39 - -0.30 -0.29 - -0.20 -0.19 - -0.10 -0.09 - 0 0 - 0.09 0.10 - 0.19 0.20 - 0.29 0.30 - 0.39 0.40 - 0.49 0.50 - 0.59 0.60 - 0.69 0.70 - 0.79 0.80 - 0.89 0.90 - 1 Null Total Employment Jobs 0 1,340 2,680 4,020 Annexation Areas City Limits Highway Roads FIGURE 8 09/12/2022Date -Revision No. 11196303Project No. JOBMIX DIVERSITY & TOTAL EMPLOYMENT BY HEX ZONE (EXISTING) GENERAL PLAN UPDATE 2040 CITY OF UKIAHoMap Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area: Mintier Harnish, 2022. World Imagery: Earthstar GeographicsCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 13 Sep 2022 - 14:09 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 151 of 266 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Total Diversity 0 - .1 .11 - .2 .21 - 30 .31 - .4 0.41 - 0.5 0.51 - 0.6 0.61 - 0.7 0.71 - 0.8 0.81 - 0.9 0.91 - 1 Total Trips Trips 0 3,245 6,490 9,735 Annexation Areas City Limits Highway Roads FIGURE 9 09/12/2022Date -Revision No. 11196303Project No. TOTAL DIVERSITY & TOTAL TRIPS BY HEX ZONE (EXISTING) GENERAL PLAN UPDATE 2040 CITY OF UKIAHoMap Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area: Mintier Harnish, 2022. World Imagery: Earthstar GeographicsCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 13 Sep 2022 - 14:28 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 152 of 266 11196303 16 Figure 10: Jobs/Housing Diversity for Hypothetical Project Figure 11: Retail/Housing Diversity for Hypothetical Project Existing +500 +2,000 +2,000 +500 Existing Perfect Mix Perfect Mix Page 153 of 266 11196303 17 Figure 12 : Jobs/Retail Diversity for Hypothetical Project +2,000 +500 Existing Perfect Mix Page 154 of 266 Ukiah SB-743 Approach l GHD[Footer text]1 September 2022 Attachment 2 Page 155 of 266 – Background on SB-743 – Proposed Approach – Thresholds and Screening – Questions & Answers Topics Covered l GHD2 Page 156 of 266 Background on SB-743 Page 157 of 266 Why Was SB-743 Passed? l GHD4 – California faces related, simultaneous crises in housing and climate change. – Transportation accounts for about half of California’s carbon footprint. We can’t meet our GHG reduction goals unless something is done about – Incremental measures to reduce GHG are not working. Legislators felt that something more drastic is needed Page 158 of 266 – Correct an unintended consequence of CEQA, which was to make infill development difficult relative to greenfield development* – Align CEQA traffic analysis with greenhouse gas reduction goals – Simplify approval of bicycle, pedestrian, transit, and transit-supportive projects – Eliminate the need for lengthy, expensive traffic studies The Goals of SB-743 l GHD5 * A recent study found that environmentally-friendly projects are the most common targets for CEQA lawsuits. 98%of the proposed homes targeted by CEQA lawsuits were infill housing, mostly multi-family Page 159 of 266 – SB-743 overturned decades of practice regarding how traffic impacts are analyzed. It specifically prohibits the use of level-of-service to determine traffic impacts under CEQA The Challenges of SB-743 l GHD6 – Although the law went into effect state-wide in July 2020, the replacement methodologies are only partly fleshed out and many uncertainties remain. – The guidelines are confusing and certain to be interpreted differently by different people. This is a ripe environment for lawsuits – There is not yet any established body of case law to show what analytical approaches courts will accept, or what mitigations will suffice. Just because an agency thinks that an approach is acceptable does not mean that courts will agree, and it is the courts’ opinions that count Page 160 of 266 – The authority to set local infrastructure standards, including roadway LOS, are based on local jurisdictions’ police powers. This authority is independent of CEQA; CEQA could be revised or even repealed in its entirety and a jurisdiction’s authority to maintain LOS standards would be unimpaired – Moreover, use of LOS is still legally required by other California laws, and is commonly used in Federal programs – Besides, it is needed as an input for design work, air quality analysis, etc. So what Happens to LOS? l GHD7 It’s not going away: – So few, if any, jurisdictions have stopped using LOS. They simply shifted it from a CEQA requirement to a General Plan requirement. This is what happened previously when parking impacts were removed from CEQA Page 161 of 266 Proposed Approach Page 162 of 266 SB-743 Requirements l GHD9 • SB-743 leaves the choice of metrics and methodologies up to the lead agency • The intent for SB-743 is that, “Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” (§ 21099(b)(1)) • The “and” means that all 3 goals must be addressed. Our proposed approach does just that: o Reduces GHG emissions by substituting short commutes for long ones o Promotes multimodal transportation networks by putting jobs within biking and walking range of residential neighborhoods, and by prioritizing development of non-auto paths o It promotes a diversity of land uses by reducing jobs/housing imbalances Although this legislation is directed towards climate change and affordability concerns, it could just as easily have been pursued for quality-of-life reasons. People like living walkable communities with shops and services conveniently nearby Page 163 of 266 Overview of Approach l GHD10 – Make the argument that Ukiah is the smart growthiest place in Mendocino. The larger the share of the county’s growth that is channeled to Ukiah the better, for a host of reasons mentioned in CARB’s Climate Change Scoping Plan (farm and forest preservation, use of non-auto modes, etc.) – Create a scoring system that would allow GP alternatives to be evaluated based on how well they achieve the three goals set forth in §21099(b)(1): • Reducing GHG emissions • Promoting multi-modal transportation networks • Promoting a diversity of land uses Page 164 of 266 – Ukiah’s current job/housing balance is skewed towards jobs, yet only about 1/4th of the jobs are held by local residents. There are large volumes of both imported and exported workers – A possible criteria would be to classify land uses into residential, retail, and other non-residential. The goal would be to bring these 3 classes into local balance, with the region-wide average ratio being taken as the ideal mix – This could be done as a GIS buffering exercise. The idea is that a local balance is needed to make walking and biking viable options Diversity of Land Uses l GHD11 73% of Ukiah employees live outside the City 61% of Ukiah’s working residents work outside the City 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 Jobs per Resident County Average State Average Page 165 of 266 Diversity of Land Uses - Methodology l GHD12 – Divide the study area into hexagons – Find the number of households, retail jobs, and non-retail jobs for each hexagon using parcel data – Compute the jobs/housing, jobmix, and retail/housing diversity scores for each hex, including its immediate neighbors – Weight the 3 diversity scores by the % of trips they represent, then combine into a single score for each hexagon – Compare the aggregate scores for different alternatives Page 166 of 266 Split the Study Area into Hexagons l GHD13 Households Non-Retail JobsRetail Jobs Page 167 of 266 Interactions between Land Uses l GHD14 Non-Home-Based Residential Retail JobsNon-Retail Jobs Home-Based Work: 20% Home-Based Other: 48% Non-Home-Based: 32% Page 168 of 266 Diversity of Land Uses - Equations l GHD15 Jobs/Housing Diversity =1-[ABS(b*HHs-EMP)/(b*HHs + EMP)] Jobmix Diversity = 1-[ABS(c*REMP-NEMP)/(c*REMP + NEMP)] Retail/Housing Diversity = 1-[ABS(b*HHs-REMP)/(b*HHs + REMP)] Where: HH = Number of households REMP = Number of Retail and Service Jobs NEMP = Number of Non-Retail Jobs EMP = Total number of jobs (i.e. REMP + NEMP) b = total regional employment / total regional households c = total regional non-retail jobs / total regional retail jobs d = total regional retail/service employment / total regional households Interactions between housing and jobs Interactions between retail and non-retail jobs Interactions between housing and retail/services Scores range from -1 to 1. The lower the score, the better (the less deviation from the ideal mix). Ideal score is zero. Page 169 of 266 Combined Diversity Score – Existing Conditions l GHD16 Area with existing land use imbalances Page 170 of 266 Hypothetical Proposed Project l GHD17 Developer proposes to build a residential project in a hexagon that, with its neighboring six hexagons, currently has 500 dwelling units, 500 retail jobs, and 500 non-retail jobs. The developer would like to build 2,000 additional dwelling units, but their EIR will include a reduced-impact alternative with only 500 additional dwelling units. City staff would note the diversity indices for existing conditions, then add 2,000 households and note the results. They would repeat the procedure for 500 households. When they tabulate the results, they would get a table like this: Page 171 of 266 Identifying the Sweet Spot l GHD18 Jobs/Housing Diversity Retail/Housing Diversity Page 172 of 266 Identifying the Sweet Spot l GHD19 Combined Diversity Score “Goldilocks” combination; 900 new DUs Page 173 of 266 Advantages: – Focuses on the root cause of VMT; land use imbalances – Plays to Ukiah’s relative strengths (compact, walkable, etc.) – Provides nuanced, informative results – Open architecture. Easy to modify if desired (more land use types, for example) – Very user-friendly. No need to for expensive modeling software or training. Can be done by staff using spreadsheet software they already have Advantages of this Methodology l GHD20 Disadvantages: – Uses a legally untested approach (though VMT has not been tested, either) – Not suitable for large study areas with major transit infrastructure Page 174 of 266 Thresholds & Screening Page 175 of 266 – Lead agencies are not required to adopt thresholds, but they must base their conclusions on something supported by substantial evidence; failure to do so leaves an EIR vulnerable to challenge – It is best practice to adopt general thresholds through an ordinance because: • It provides clear guidance to staff, developers, and the public • It provides a level playing field; all projects are treated equally • The analysis of substantial evidence need only be done once • The process is open, transparent, and takes place at the City Council level – Using ad hoc thresholds leaves EIRs open to manipulation and pressure, and adds to the cost and uncertainty of EIRs Discussion of Thresholds l GHD22 Page 176 of 266 Thresholds have 3 components, namely: 1) A unit of measurement 2) A target amount of reduction 3) A baseline that the reduction is measured from Discussion of Thresholds l GHD23 Page 177 of 266 • Mendocino COG commissioned a study of SB-743 issues in 2020 • The study did not appear to reach a specific conclusion regarding numerical thresholds • It suggested using VMT per service population (combined housing and employment) as a metric. That would be problematic for Ukiah. MCOG Study l GHD24 • Because work trips tend to be longer than other trip types, using "service population" may produce a nonsensical result for employment centers. Their VMT/service population may be above average even if each individual component (VMT/job and VMT/resident) is below the regional average 11% below average 5% above average 20% below average Number VMT/Unit Number VMT/Unit Employees 10,000 18.0 20,000 16.0 Residents 20,000 10.0 10,000 8.0 Service Population 30,000 12.7 30,000 13.3 City 1 Bedroom Community City 2 Employment CenterPopulation Measured Page 178 of 266 How Much of a Reduction is Enough? l GHD25 • CARB concluded that an average 15% reduction is needed to achieve the State’s GHG reduction goals (see California’s 2017 Climate Change Scoping Plan) • However, this state-wide average may not be appropriate for all jurisdictions, and CARB has set higher targets in some MPO areas and lower targets in others • Ukiah is not in a MPO area and is not bound by any of these targets. It is most similar to Shasta RTA, which has a 4% target reduction 0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% Pe r c e n t R e d u c t i o n i n V M T CARB 2035 Reduction Goals Page 179 of 266 – SB-743 is somewhat unusual in that a City has some flexibility to select thresholds that suit its policy goals: • If located in a large metropolitan area, it can choose to use a threshold based on averages for the MPO region as a whole. This will likely result that residential development in outer suburban cities will have significant VMT impacts because it is compared to the urban core • It can use a threshold based on county averages, which will result in developments in existing towns having less-than-significant impacts compared to developments in rural areas • It can use the city average VMT, meaning that developments in the center will be less- than-significant and the developments on the periphery will likely have significant impacts – Threshold(s) should be done by ordinance separate from the General Plan, otherwise you would need a General Plan amendment each time you want to change it SB-743 Thresholds l GHD26 Page 180 of 266 A land development project would be deemed to have a significant impact if: The Plus Project condition results in a combined diversity score greater than 0.20, and the combined diversity score improves less than 4%. What it means: –This allows for some densification of balanced areas, If you have areas that are already pretty well balanced then you can add more to them, so long as you don’t tip them out of balance –If you are building in an area that is currently unbalanced, then you are required to push it (at least a little) in the direction of being more balanced. Proposed Framework for SB-743 Thresholds l GHD27 Page 181 of 266 Effect of the SB-743 Threshold l GHD 28 Households Retail Jobs Fringe Infill Development Development Old System Easy Hard New System Hard Easy SB-743 flips the script. It used to be easy to build on the urban fringe but hard to build infill. The new system makes it easier to build infill and harder to build on the fringe. Page 182 of 266 The intent is to not over-burden small projects with negligible impacts with a need for costly analysis CEQA Guidelines provide for a Class 1 categorical exemption for an expansion of an existing use of up to 10,000 sq.ft. based (§15301(e)(2)). The 10,000 sq.ft. figure also applies for new non-residential projects in urban areas (Class 3 exemption, §15303(c)). The figure is 2,500 sq.ft. in rural areas. OPR interpreted this to be 110 trips/day, based on Single Tenant Office Building (ITE Code 715) as a “typical” use. It is unclear what the legal basis would be for departing from direct use of the 10,000 sq.ft. Other agencies extended this logic of analogies to previously-exempt projects. LADOT uses 250 trips and San Diego 300 trips. These are not yet tested in court The most defensible approach would be to use the thresholds exactly as they are written in the CEQA Guidelines Screening out for Small Project Size l GHD29 Page 183 of 266 Thresholds for Transportation Projects l GHD30 •“Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” • We recommend setting a threshold that explicitly focuses on balancing transportation modes within the city. An example would be: “A project’s impacts shall be deemed significant if it results in a percentage increase in road capacity higher than the percentage increase in bicycle or multi-use capacity.” • Note that this threshold would make all active transportation projects presumptively less-than-significant. • It would not preclude the City from undertaking road expansion projects, but it would mean that such projects would need to include expansion of the bicycle facility system as well. • As written, it would require a 1:1 expansion of the two systems, but it could easily be tweaked to require a 2:1 or 3:1 expansion of bike facilities to help that system catch up with the facilities offered to cars. Page 184 of 266 Questions & Answers Page 185 of 266 Technical Memorandum The Power of Commitment 11196303 1 October 3, 2022 To Craig Schlatter, City of Ukiah Contact No. (707) 463-6219 Copy to Jim Harnish, Mintier Harnish Email cschlatter@cityofukiah.com From Colin Burgett Project No. 11196303 Project Name City of Ukiah General Plan Update Subject SB-743 Methodology This memorandum augments the prior memorandum provided by GHD (dated September 15, 2022) concerning the proposed SB-743 methodology with the following additional information relevant to upcoming discussions concerning the proposed SB-743 methodology:  Comparison of the citywide land use diversity score with the regional rate for Mendocino County;  Screening threshold recommendations by type of project; and  Example application of the proposed diversity index methodology to hypothetical projects on the edges of Ukiah. 1. Comparison with Countywide Land Use Diversity Table 1 provides a comparison of the existing citywide and countywide land use diversity scores, based on the distribution and proximity of households, retail and non-retails. The diversity score ranges from 0.00 to 1.00, with lower scores (close to 0.00) representing diverse conditions, and higher scores (closer to 1.00) representing less diverse conditions. As shown, under existing conditions, the Countywide diversity index is 0.50, while the City of Ukiah score is 0.30, indicating that the diversity of land uses in Ukiah that is superior to the Countywide average. This reflects the fact that a large portion of Ukiah residents live relatively close to work and/or local services, generating lower rates of vehicle miles traveled (VMT). Table 1: Land Use Diversity Score (City & County) Note: The diversity score ranges from 0.00 to 1.00, with lower scores (close to 0.00) representing diverse conditions, and higher scores (closer to 1.00) representing less diverse conditions. Area Existing Total Land Use Diversity Score City of Ukiah 0.30 Mendocino County 0.50 Attachment 3 Page 186 of 266 11196303 2 2. Screening Recommendations Local agencies may identify screening thresholds to quickly identify when a project should be expected to cause a less-than-significant impact without conducting a detailed study. The screening thresholds may be based on characteristics including project size, location, transit availability or provision of affordable housing, consistent with guidance provided by the Governor’s Office of Planning and Research (OPR). Table 2 summarizes recommended screening thresholds by project type. Taking into account the unique travel characteristics of Ukiah, all residential projects in Ukiah could be screened from further analysis as recommended below, because (1) residences located in Ukiah generate low rates of home-based VMT per Capita compared to the rest of Mendocino County (roughly half the Countywide average based on the Mendocino COG travel demand model) given greater proximity to jobs and services; and (2) Ukiah has a jobs/housing imbalance, with an excess of jobs relative to the number of households, that results in most Ukiah jobs being filled by non-resident commuters; therefore the provision of housing projects in Ukiah would increase the likelihood that that a larger portion of workers employed in Ukiah may also reside in Ukiah, thus reducing VMT given shorter commute lengths. Table 2: Screening Recommendations Type of Project Recommended Screening Thresholds for City of Ukiah Small Projects Projects that meet the existing CEQA categorical exemptions: Class 1 exemption, for small expansions of existing uses, and Class 3, for new small projects, as specified in CEQA Guidelines §15301 and §15303 Residential Uses Residential1 projects. Employment Uses2 in Areas with a Diverse Mix of Land Uses Proposed employment uses in zones with a total diversity score at least 4% better than the Countywide average. Local-serving Retail Neighborhood shopping centers3 with a total gross leasable area of up to 125,000 square feet, with multiple tenants typically anchored by a supermarket or drugstore; and single tenant local-serving retail projects of 50,000 sq. ft. or less. Projects in Proximity to Major Transit Stops Projects within one-half (0.5) mile of a transit stop with 15 minute or less headways, unless the project has a Floor Area Ratio (FAR) of less than 0.75, reduces the supply of affordable housing, or includes more parking than required under the zoning code. Transportation Projects Roadway, transit, bicycle, and pedestrian projects that do not lead to a measurable increase in vehicle travel. 1 All residential projects in Ukiah may be expected to result in less than significant transportation impacts relevant to VMT and SB-743, because ( (1) residences located in Ukiah generate low rates of home-based VMT per Capita compared to the rest of Mendocino County (roughly half the Countywide average based on the Mendocino COG travel demand model) given greater proximity to jobs and services; and (2) Ukiah has a jobs/housing imbalance, with an excess of jobs relative to the number of households that results in most Ukiah jobs being filled by non-resident commuters; therefore the provision of housing in Ukiah would increase the likelihood that that a larger portion of workers employed in Ukiah may also reside in Ukiah, thus reducing VMT given shorter commute lengths. 2 The screening threshold for employment uses would be applicable to proposed commercial land uses in which most daily trips would be generated by employees (not customers), such as proposed office projects. 3 Neighborhood shopping centers of up to 125,000 square feet as defined by the International Council of Shopping Centers (ICSC) U.S. Shopping Center Classification and Characteristics, provide 30,000 to 125,000 square feet of gross leasable area, typically anchored by a supermarket and/or large drugstore with a trade area of 3 miles or less. Page 187 of 266 11196303 3 3. Hypothetical Projects at Edge Locations In response to questions about the likely impacts for potential projects at “edge locations” near the City limits, in areas that are currently undeveloped, several hypothetical projects were considered as examples for upcoming discussion. Table 3 summarizes the potential impact findings, based on the comparing the diversity score for the Project area (Hex Zone) with the Countywide average. The diversity score for individual Hex zones takes into account the land use diversity of adjacent Hex zones. The methodology for assessing interconnectivity between adjacent Hex zones may also be refined for Ukiah to further incorporate multi-modal characteristics and travel amenities. Figure 1 shows the Hex Zone locations. Table 3: Hypothetical Projects at Edge Locations Hypothetical Project Location (Hex Zone) Total Diversity Score for Project Zone Potential Impact Finding based on Comparison with Countywide average4 No Existing Existing plus Project 1 Industrial near North edge of Ukiah 492 N/A (undeveloped) 0.23 Less than significant 2 Retail >150,000 sq ft near South edge of Ukiah 181 0.87 0.93 Significant requiring mitigation(s). For projects requiring mitigations: mitigation options specific to the City of Ukiah could be identified as this analysis methodology is refined further. Potential mitigations could include provision of multi-modal improvements (such as potential connections to a planned bicycle/pedestrian path along Airport Road that will connect the South edge of Ukiah with downtown). 4 Project impacts would be considered less than significant if the total diversity score for the project zone under Existing plus Project conditions would be at least 4% lower than the Countywide average of 0.50 Page 188 of 266 86 87 110 111 112 133 134 135 136 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 280 296 297 298 299 300 301 302 303 304 305 319 320 321 322 323 324 325 326 327 328 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 450 467 468 469 470 473 492 493 494 Legend Total Diversity 0 - .1 .11 - .2 .21 - 30 .31 - .4 0.41 - 0.5 0.51 - 0.6 0.61 - 0.7 0.71 - 0.8 0.81 - 0.9 0.91 - 1 Total Trips Trips 0 3,245 6,490 9,735 Annexation Areas City Limits Highway Roads FIGURE 1 09/19/2022Date -Revision No. 11196303Project No.CITY OF UKIAH GENERAL PLAN UPDATE 2040 HEX ZONE LOCATIONSMap Projection: Lambert Conformal Conic Horizontal Datum: North American 1983 Grid: NAD 1983 StatePlane California II FIPS 0402 Feet 0 500 1,000 1,500 2,000 US Feet Paper Size ANSI B Data source: City Boundary, Annexation Area: Mintier Harnish, 2022. World Imagery: Earthstar GeographicsCreated by: pthornton\\ghdnet\ghd\US\Roseville\Projects\561\11196303\GIS\Maps\Working\11196303_VMT Option 2 Analysis_20220901\11196303_VMT Option 2 Analysis.aprx Print date: 19 Sep 2022 - 11:49 427 428 450 451 452 453 473 474 475 476 477 501 Annexation Area to the Northeast Page 189 of 266 Page 1 of 1 Agenda Item No: 12.b. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2042 AGENDA SUMMARY REPORT SUBJECT: Discussion and Council Direction for Developing Overhead to Underground Conversion Projects. DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director ATTACHMENTS: 1. 12b Presentation give at meeting Summary: Staff will provide a presentation on undergrounding overhead electric facilities and seek Council's direction. Background: The City of Ukiah's Electric Utility is a publicly owned, nonprofit utility, governed by the Ukiah City Council. The City Council provides oversight and direction. Over the last several years, the Electric Utility has upgraded, redesigned and installed new electric infrastructure and completed several overhead to underground conversions throughout the city. These projects were designed to meet customer's needs with increased capacity, reliability, and improved restoration times. Discussion: In 1979, the Ukiah City Council formed the first underground district in downtown Ukiah. In 2014, Resolution 2014-08 was passed, superceeding Resolution 90-1, establishing an undergrounding district on Perkins Street. The undergrounding of Perkins Street was completed in 2017. Subsequent Districts were formed for Gobbi Street in 2017, State Street from Clay to Mill, and Oak Manor Drive in 2019. Underground District #6, corresponding with phase 2 of the Streetscape project, was established in 2021. Staff will discuss the pros and cons (including cost/benefit) of both overhead and underground facilities and seek Council direction. Recommended Action: Receive presentation and provide direction to Staff. 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: Sage Sangiacomo, City Manager Page 190 of 266 Electric Utility Undergrounding October 5, 2022 Page 191 of 266 Why Underground??? •Aesthetics •Reduced outages due to weather •Can be coordinated with road repair •Reduces fire risk What’s stopping (slowing) us??? •Cost – Increased cost of construction results in increased rates for rate payers •Current rates – One OH-UG conversion every 3 years •$41 increase/month for each customer over 20 years to underground the entire system Page 192 of 266 Page 193 of 266 Page 194 of 266 City Code §3852 UNDERGROUND SERVICE; BUILDING PERMITS; NEW CONSTRUCTION It shall be a condition of permits issued for the construction of new homes and other buildings which will require electrical or communication services provided by cables and wires, that facilities necessary to receive utility cables and wires be installed underground by the permittee from the building to the service point to be determined by the City. §3853 SAME; REMODEL OR REPAIR CONSTRUCTION It shall be a condition of any permit for the repair or remodeling of a building or sign, requiring communication service or electric service, which repair or remodeling shall be in an amount exceeding fifty percent (50%) of the market value of the property (as determined by applying the last available assessment ratio to the last available assessment by the Assessor of Mendocino County), that facilities necessary to receive such services be placed underground from the building to the serving point designated by the City. Page 195 of 266 What is a Rule 20 Project? •1967 CPUC established Electric Tariff Rule 20 •Requires other utilities to participate •City of Ukiah Electric Department acts as Lead Agency •Responsible for incorporating other utilities’ design into project •Bidding and awarding contract •Inspection oversight •Delineation of the costs to each project participant •Coordination with ATT, Comcast, PG&E and other utilities to complete design usually takes roughly 1 year •Electric Utility expends TOTAL cost of project and is reimbursed by AT&T and Comcast Page 196 of 266 Page 197 of 266 Phases of Electric UG Design – Requires significant coordination with other utilities Rule 20 projects – Ukiah Electric is lead agency At mercy of other utilities for pace of design Page 198 of 266 Phases of Electric UG Design – Requires significant coordination with other utilities Rule 20 projects – Ukiah Electric is lead agency Pace of design – at the mercy of the other utilities Infrastructure Installation Contractor to install conduit and equipment pads Page 199 of 266 Phases of Electric UG Design – Requires significant coordination with other utilities Rule 20 projects – Ukiah Electric is lead agency Pace of design – at the mercy of the other utilities Infrastructure Installation Contracted – conduit and equipment pads Technical Property Owner Infrastructure Completed by a licensed electrician Page 200 of 266 Phases of Electric UG Design – Requires significant coordination with other utilities Rule 20 projects – Ukiah Electric is lead agency Pace of design – at the mercy of the other utilities Infrastructure Installation Contracted – conduit and equipment pads Technical Property Owner Infrastructure Completed by a licensed electrician Pull in primary and secondary wire/set equipment Page 201 of 266 Phases of Electric UG Design – Requires significant coordination with other utilities Rule 20 projects – Ukiah Electric is lead agency Pace of design – at the mercy of the other utilities Infrastructure Installation Contracted – conduit and equipment pads Technical Property Owner Infrastructure Completed by a licensed electrician Pull in primary and secondary wire/set equipment Cutover/Pole removal Page 202 of 266 Cost of Undergrounding Page 203 of 266 Cost of Undergrounding Page 204 of 266 Cost of Undergrounding Page 205 of 266 Cost of Undergrounding FY 24/25 + 10%-20% Current Rates plan for one OH to UG conversion every 3 years Page 206 of 266 Talmage Talmage •2500’ of PG&E OH •950’ of City EU OH •Phone/Cable •PW Project for Overlay/Sidewalks/Bike Lane •Not budgeted S t a t e S t . State Street •2400’ of City EU OH •Phone/Cable •Not budgeted Other Ideas? Page 207 of 266 Questions? Page 208 of 266 Page 1 of 2 Agenda Item No: 12.c. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2048 AGENDA SUMMARY REPORT SUBJECT: Receive Report and Update Regarding FEMA Floodplain Analysis of Gibson and Orr Creeks. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works/City Engineer ATTACHMENTS: 1. FEMA Presentation 2. GHD Comments FEMA Map Revision Review Summary: Council will receive an update on the FEMA process to adjust the floodplain for Gibson Creek and Orr Creek. Background: In 2020, the Federal Emergency Management Agency (FEMA) began the process of updating the flood plain elevations throughout the city of Ukiah. The first preliminary results were reported to the City Engineering team in 2021. The results were radically different than what currently exists in the City, the implications of which could have significant impacts on development and insurance rates throughout the city. In short, FEMA's proposed modifications to the flood maps would significantly increase the number of properties classified as being within a flood plain. Since that time, in order to protect the interests and investments of the community, City Staff has worked on solutions with FEMA staff to review the study results and discuss contradictions with observed historic flood events in the city. City Staff have been concerned about the fact that the FEMA study does not seem to reflect what City Staff has documented in the city. The Engineering Department has searched for experts in the hydraulic field in order to assist in the review of the FEMA results. In July of 2022, the City Council approved a contract with GHD to analyze the FEMA data and provide comments to FEMA in defense of the Engineering Staff’s opinion that the floodplain proposed by FEMA does not reflect the history of flood events within the city of Ukiah. Discussion: FEMA has shared their flood models with our experts for a more robust review of the model that the Engineering Staff is questioning. The presentation that FEMA shared with City Staff is attached here as Attachment 1. GHD has analyzed and prepared their comments and review of the FEMA data (Attachment 2). In the following weeks, City and GHD will meet with FEMA to discuss how to proceed. Recommended Action: Receive report. 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: Tim Eriksen, Director of Public Works Page 209 of 266 Page 2 of 2 Page 210 of 266 Mendocino County Map Revision (Orrs, Gibson, Doolin and Zone A) Updates Consultation Coordination Officer (CCO) Meeting August 16, 2022 10-11:30 PT ATTACHMENT 1 Page 211 of 266 2 Welcome and Introductions FEMA Region 9 Patrick Clancey –Project Manager Nancy Steinberger –Senior Engineer Edie Lohmann –NFIP Insurance Specialist Serena Cheung –Floodplain Management Specialist Adam D. Lizarraga –NFIP Regional Liaison, Region 9 California Department of Water Resources Kelly Soule –State NFIP Coordinator Michael Mierzwa –State Floodplain Manager MD Haque –State Floodplain Mapping Lead Production and Technical Services (PTS) contractor Brock Remus –Project Manager Raj Rachamalla –Project Engineer (Doolin Creek) Sravan Krovidi –Project Engineer (Orrs and Gibson Creeks) Andrea Elkin –Project Scientist Page 212 of 266 3 Agenda Purpose of the Meeting Study Scope Preliminary Mapping Post-Preliminary Processing / Schedule Comments and Appeals Insurance & Ordinances Risk Communication & Resources Next Steps Contacts & Questions Page 213 of 266 4 Goals for the Meeting Answer Questions Build Partnership Explain Due Process Foster Resiliency Support Community Outreach Confirm Responsibilities of the Affected NFIP Communities are understood Page 214 of 266 5 Study Engineering Scope – Zone AE Updates Impacted Communities: •Mendocino County •City of Ukiah Zone AE Updated Flooding Sources •Doolin Creek •Gibson Creek •Orrs Creek Page 215 of 266 6 Study Engineering Scope – Zone AE Updates Zone AE Updated Methodology •Doolin, Gibson, and Orrs all used HEC RAS 5.0.7 1-D steady state analysis through entire reaches. •Orrs and Gibson Creeks presented comingling within overbank areas from approximately 1000 ft upstream of North Bush Street to confluence of Russian River. •2-D analysis completed in these areas to correctly capture/model. •Models calculated the 10%, 4%, 2%, 1%, 1%+, 1%-and 0.2% annual chance exceedance events. Page 216 of 266 7 Study Engineering Scope – Zone A Updates Impacted Communities: •Mendocino County •City of Ukiah Zone A Updated Flooding Sources •Ackerman Creek •Hensley Creek •Howard Creek •Doolin Creek (Upstream Section) •Gibson Creek (Upstream Section) •Mill Creek (Near Talmage) •McClure Creek •Orrs Creek (Upstream Section) •Sulphur Creek •Unnamed Tributary to Russian River Page 217 of 266 8 Study Engineering Scope – Zone A Updates Zone A Updated Methodology •Updated modeling was part of entire Russian River HUC-8 analysis utilizing HEC-RAS 5. •Models calculated the 10%, 4%, 2%, 1%, 1%+, 1%-and 0.2% annual chance exceedance events. •All prior non-studied reaches in project footprint were updated/added. Current Effective Preliminary Map Page 218 of 266 9 Updated Flood Insurance Study (FIS) •Floodway Data Tables (FDTs) and profiles have been generated for PMR studies •FIRM database updated to include spatial changes as well as attribution of engineering values Study Mapping Scope Page 219 of 266 10 Study Mapping Scope •5 Printed Panels Page 220 of 266 11 Preliminary Products (June 10, 2022) Preliminary Flood Insurance Rate Map (FIRM) Panels Preliminary Flood Insurance Study (FIS) Preliminary FIRM Database (Shapefiles) Preliminary products available at: https://hazards.fema.gov/femaportal/preli mdownload/ Page 221 of 266 12 Study Results –Preliminary Summary of Map Actions (SOMA) Provides a comprehensive list of effective LOMCs on revised FIRM panels Categorized by •LOMCs Incorporated (Category 1) •LOMCs Not Incorporated (Category 2A & 2B) 2A –LOMCs on Revised Panels 2B –LOMCs on Unrevised Panels •LOMCs Superseded (Category 3) •LOMCs To Be Redetermined (Category 4) Please Review Your Preliminary SOMA! Page 222 of 266 13 Post-Preliminary Processing Post-Preliminary Processing Appeal/Comment Resolution & Issue Letters of Final Determination Compliance Period* Revised flood zones become effective Appeal Period & Opportunity for Outreach 2 Months 6 Months90 Days Community Review and Final Meeting TBD Publication In Federal Register 2-4 Months *Compliance Period includes map panel adoption and floodplain regulations updated/adopted for NFIP compliance. Page 223 of 266 14 Schedule –Draft / Tentative Timeline Task Date Preliminary Distribution by FEMA April 29, 2022 30 Day Community Review Ends May 29, 2022 CCO Webinar/Meeting August 16, 2022 Federal Register Proposed Notice Publication *October 2022 Appeal Period Initiation *November 2022 Appeal Period Ends *February 2023 Potential LFD Date **Summer 2023 Maps Become Effective **Winter 2024 Floodplain Regulations Updated/Adopted **Winter 2024 * Approximate Time Frame ** Dependent on Potential Appeal Receipts Page 224 of 266 15 Comments and Appeals Comments •Non-technical (e.g.road name, corporate limit revisions or request pertaining to the preliminary) Appeals •Addition/modification of SFHA boundaries, SFHA zone designations, and/or regulatory floodways •Valid appeal must be accompanied by ALL engineering data needed to update the preliminary database, FIS report and FIRM panels •Must be submitted, in writing, within the 90-day appeal and comment period to FEMA (Region 9, 1111 Broadway, Suite 1200, Oakland, CA 94607) Page 225 of 266 16 Floodplain Management Regulations Responsibilities of Communities and FEMA •Floodplain Regulations in Ordinance updated and adopted by governing body •Community adoption of updated maps at date of effective •FEMA will support Public Meeting upon request for risk communication and flood insurance implications Page 226 of 266 17 Flood Damage Reduction Ordinance FEMA will review the Community's regulations (ordinance, municipal codes) to ensure the revised FIRM panels and FIS report are adopted and meet the minimum Federal regulations found in 44 CFR, Section 60.3. Page 227 of 266 18 Flood Insurance X Flood Zone AE Flood Zone Effective Preliminary Page 228 of 266 19 When is Flood Insurance Required? Buildings in A and V zones with Federally backed loans Page 229 of 266 20 How Much Does a NFIP Policy Cost? New Rating System Effective: October 1, 2021 For More Information: https://www.fema.gov/flood-insurance/risk-rating Where It’s Built Building Address Distance to Flooding Source Building Elevation How It’s Built Construction Type Foundation Type Number of Floors First Floor Height What’s Built Replacement Cost Value Coverage & Deductible Amount Prior NFIP Claims History Page 230 of 266 21 Is There a Discounted Policy Available? X, D, A99 or AR A or V Best Rating Option: Discounted Newly Mapped Program Available For: Property owners remapped from flood zones “X”, “D” or “A99” into any type of “A” or “V” zone •Coverage needs to be effective within 12 mo. of new map effective date •Allow up to a 30-day waiting period Page 231 of 266 22 Where Can You Buy Flood Insurance? Contact Your Local Insurance Agent For assistance locating an insurance agent visit or call: www.floodsmart.gov | 1-877-336-2627 Page 232 of 266 23 Insurance Outreach Resources for Map Changes https://agents.floodsmart.gov/flood-maps/agent-resources Resource: MSC Flood Map Change Viewer: Flood Map Changes Viewer (arcgis.com) Page 233 of 266 24 Review the preliminary products (panels, SOMA, FIS report, database) Develop an outreach strategy Collect comments and appeals as necessary Use Preliminary Data as best available data Update Floodplain Ordinance Conduct public outreach •Raise public awareness of flood risk and flood insurance requirements •Create outreach plan Next Steps For Local Communities Page 234 of 266 25 Review the Preliminary Products Do these checks now –correcting the maps is no cost to you! Examples of items that communities should review on a Preliminary FIRM: Are the Flood Zones correctly labeled? Are BFEs and depths correctly labeled? Are road names correctly labeled? Are the Political Boundaries correct? Is the address for the Community Map Repository on the FIRM Index correct? Are all FEMA approved Letters of Map Changes included in the SOMA? Page 235 of 266 26 Risk Communication & Resources NFIP Website: https://www.fema.gov/flood-insurance FloodSmart Website: https://www.FloodSmart.gov Map Service Center: https://msc.fema.gov/portal/home MSC Map Change Viewer: https://msc.fema.gov/fmcv CRS Website: https://crsresources.org https://www.fema.gov/sites/defau lt/files/2020-07/fema_adoption- flood-insurance-rate-maps- participating- communities_bulletin.pdf Page 236 of 266 27 Outreach Suggestions Develop a Community Outreach Plan: •Following community officials’ review of preliminary maps, hold a public meeting. •Direct mailings to affected property owners / tenants. FEMA will support public meetings hosted by the community. FEMA has templates to help you get started with outreach. Page 237 of 266 28 Publication of the Proposed Flood Hazard Determination (FHD) Notice After the Notice has published •FEMA will distribute news releases and coordinate with local public information officers prior to initiation of the appeal period. •Communities are notified two weeks before the appeal period begins by way of certified letter sent to the CEO. •90-day regulatory appeal/comment period starts the day of the 2nd newspaper publication. Next Steps for FEMA Page 238 of 266 29 Community Support Contacts FEMA Region 9 Patrick Clancey (Project Manager) Patrick.Clancey@fema.dhs.gov (510) 289-5326 Nancy Steinberger (Senior Engineer) Nancy.Steinberger@fema.dhs.gov (202) 430-4945 Adam D. Lizarraga (NFIP Regional Liaison, Region 9) Adam.Lizarraga@associates.fema.dhs.gov (916) 375-0927 State of California Kelly Soule (NFIP Coordinator) Kelly.Soule@water.ca.gov Michael Mierzwa (State Floodplain Manager) Michael.Mierzwa@water.ca.gov STARR II Brock Remus (Deputy Project Manager) Brock.Remus@atkinsglobal.com (816) 235-3461 MD Haque (State Floodplain Mapping Lead) MD.Haque@water.ca.gov Serena Cheung (Floodplain Mgmt Specialist) Serena.Cheung@fema.dhs.gov (510) 424-2783 Edie Lohmann (NFIP Insurance Specialist) Edith.Lohmann@fema.dhs.gov (510) 912-6333 Page 239 of 266 Questions & Answers Page 240 of 266 September 26, 2022 To City of Ukiah Copy to GHD Files From GHD Tel +1 415 283 4970 Subject City of Ukiah FEMA Map Revision Review Project no. 12589077 WORKING DRAFT MEMORANDUM 1. Review Summary This memorandum summarizes GHD’s preliminary review of the Mendocino County Map Revision (Orrs, Gibson, Doolin and Zone AE) Updates, prepared by FEMA Region 9 presented to the City of Ukiah (the City) on August 16, 2022. This review included the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) dated April 29, 2022, and the hydraulic analysis model and data provided by the FEMA’s STARR II contractor team on August 2, 2022. The preliminary FIRM shows changes on the floodplain extent in the City. In general, the preliminary FIRM shows additional floodplain areas especially for Zone A and Zone AE. For example, in FIRM panel 06045C1514, a significant portion of urban area between Orrs Creek and Gibson Creek are remap as floodplain Zone AE, as shown in Figures 1 and 2. The changes are partly due to a different hydraulic analysis approach in this floodplain area. The hydraulic analysis for the effective FIRM was based on one dimensional (1-D) creek modeling. The new hydraulic analysis for the preliminary FIRM included a limited two dimensional (2-D) floodplain modeling to provide additional resolution to the floodplain routing and flow exchange between Orrs Creek and Gibson Creek. These updates of floodplain extents in the preliminary FIRM may trigger new flood insurance requirements in the area. GHD completed a preliminary review of the hydraulic analysis, and identified a number of areas where additional clarification is needed to better understanding the accuracy and precision of the analysis. The project team recommends the City to contact FEMA and its STARR II contractor team, to discuss the review comments and seek additional information to validate the remapping findings and to identify next steps to plan, to manage, and to communicate floodplain mapping changes to the community. The following section summarized the technical review comments on the preliminary FIS, FIRM, and hydraulic analysis. Page 241 of 266 Figure 1. Effective FIRM Panel 06045C1514F (June 2, 2011) Figure 2. Preliminary FIRM Panel 06045C1514G (April 29, 2022) Page 242 of 266 2. Review Comments 2.1 Flood Insurance Study Comments There are a number of information missing from the preliminary FIS reviewed. The review team would like to discuss the study with the FEMA’s STARR II contractor team for additional information. 2.2 Flood Insurance Rate Map Comments As a standard of practice, a workmap should be provided that shows the effective floodplain and floodway and the revised and included in the Hydraulic Report. An example is provided below. Figure 3. Workmap Example The workmap is an important tool for the review team to identify areas of changes in floodplain and floodway boundary. The review team would like to request this additional information from the FEMA’s STARR II contractor team for review. 2.3 Hydraulic Analysis Comments Orrs, Gibson, and Doolin Creek are represented by three separate 1-D HEC-RAS hydraulic models. The below section summarizes the comments based on a review of the three models. In addition, Orrs Creek and Gibson Creek share a floodplain with intermingled flow. A separate 2-D model was developed to analyze the prominent flow paths. Comments on the 2-D model are included below as well. Orrs, Gibson, and Doolin Creek Model Comments 1. Provide additional information on how the models are calibrated or verified for its accuracy. 2. The model domains for Orrs, Gibson, and Doolin Creeks extend to the confluence with the Russian River. The portion of the creeks between Hwy. 101 and the Russian River is within the Russian River floodplain and it seems that the Russian River would have a hydraulic impact on all three Creek profiles in this area. However, a normal depth downstream boundary condition was used for Orrs, Gibson, and Doolin Creek, so it is not clear if consideration was given for the effect of the Russian River on the creek profiles. We would recommend that a coincident peak analysis be completed to justify the normal depth boundary condition. Page 243 of 266 3. The models were run with a subcritical flow regime, however, there are several places where the model defaulted to critical depth because a subcritical solution could not be found. The channel may have areas with supercritical flow that are not accurately captured by running with a subcritical flow regime. While we understand that model runs in subcritical flow regime usually yield a more conservative water surface elevation estimate, we would recommend that the models be run in mixed flow and a comparison be made with subcritical flow. 4. Cross-sections were extracted from 10-ft grid LiDAR and only in limited instances updated with survey data. 10-ft grid LIDAR may not be sufficient to capture the channel geometries and may impact channel capacity. We recommend that any surveyed cross-sections be compared to 10-ft grid cross-sections and the cross sections used in the effective FIS, to show the difference in a figure as part of the Hydraulic Report. This will provide an understanding of the limitations of the 10-ft grid. 5. Based on the hydraulic profile for the Doolin Creek, it appears that many of the bridges and culverts along the channel are constrictions and control the upstream hydraulic profile as shown in Figure 4. All these structures are overtopped during the 100-yr flow, so the elevation of the bridge deck/roadway and the structure opening may have significant impacts on the hydraulic profile upstream of the structure. Per the Hydraulic Report, these structures were all surveyed, but we wanted to highlight this observation in case there is any uncertainty in the geometry of the structures. Figure 4. Hydraulic profile (100-yr) of section of Doolin Creek showing bridges/culverts controlling HGL 6. The Orrs Creek 1-D HEC-RAS model has two cross-sections with contraction and expansion coefficients set at 0.6 and 0.8 respectively. The accompanying report does not include a justification for these values. 7. The Hydraulic Report describes the efforts used to determine the floodplain flow mingling between Orrs Creek and Gibson Creek. In an effort to evaluate the intermingling between these two creeks, a separate HEC-RAS 2-D model was created of the floodplain between the creeks. Figure 5 shows the model domain. The following comments apply to the analysis of this process: a. This hydraulic analysis did not include an update to the watershed hydrology. The 2-D model rebalanced flow between Orrs Creek, Gibson Creek, and the floodplain between the two creeks. Table 1 shows the flow comparison between effective FIS and preliminary FIS. While Orrs Creek has slight increase in flow, Gibson Creek has over 200 cfs flow reduction. Page 244 of 266 Table 1. 100 Year Flow Between Effective and Preliminary FIS Stream Effective FIS Preliminary FIS Gibson Creek 954 cfs 725 cfs Orrs Creek 2,940 cfs 2,985 cfs Doolin Creek 2,160 cfs 2,160 cfs b. The 2-D model uses normal depth boundary conditions at the downstream extents. The normal depth assumption may be artificially lowering the hydraulic grade line through the model area. It would be a more appropriate to use the Russian River 100-year water surface elevations (WSE) depending on the outcome of a coincident peak analysis. c. The 2-D model only includes the right overbank area of Orrs Creek and left overbank of Gibson Creek. The creek channels are not included in the model area. The input peak flow to the 2-D model area is derived from the 1-D model domain. This appears to be an iterative process where the intermingling of floodplain flow would impact the WSE in each creek which would impact the flows leaving or entering the creeks. d. Overall the development of two separate HEC-RAS models induces complexity and a large number of assumptions that could be avoided if Orrs Creek and Gibson Creek were modeled with one large 2-D model. Figure 5. 2-D model domain for the Orrs Creek/Gibson Creek intermingled floodplain flow Page 245 of 266 Page 1 of 2 Agenda Item No: 13.a. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2047 AGENDA SUMMARY REPORT SUBJECT: Receive Report on Pending Grant Applications and Authorize City Manager to Sign Related Agreements and Letter(s) of Commitment. DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director, Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Craig Schlatter, Community Development Director; Traci Boyl, Senior Analyst ATTACHMENTS: 1. Draft City of Ukiah Letter of Commitment- Climate Collaborative 2. RCC_R1_Partnership Agreement DRAFT 3. 13a Correspondence Received - Eileen Mitro Summary: Council will receive a report on pending grant applications and consider authorizing the City Manager to sign related grant agreements and letters of commitment. Background: Staff is currently preparing applications for funding with deadlines in early October. The City Manager's Office is preparing an application for submittal to the California Office of Emergency Services (CalOES) JumpStart program by October 7, 2022, to secure funding for a Chief Resilience Officer. The Community Development Department is working with a regional climate action group - to be known within the grant application as the "Mendocino Climate Collaborative" and consisting of the County of Mendocino, City of Fort Bragg, Coyote Band of Pomo Indians, Noyo Center, Grass Roots Institute, and Mendocino County Climate Action and Advisory Committee - to secure funding for a future City of Ukiah Climate Action Plan through the Strategic Growth Council's Regional Climate Collaboratives Program. CalOES JumpStart Application Despite continued efforts to mitigate climate and other hazard risks, including recent updates to the General Plan, Hazard Mitigation Plan, Council's Strategic Plan, and the adoption of a Climate Resiliency Resolution, future trends indicate increased severity of extreme weather events creating significant risk to the city. To further improve resiliency, the City would benefit from developing a comprehensive and collaborative strategy across all departments and plans to identify and develop aligned projects and secure funding for those projects. If the City is awarded funding through the CalOES JumpStart program, the City will hire a Chief Resilience Officer (CRO). The CRO, through coordinated strategic analysis of the City’s planning documents, including the 2040 General Plan, Hazard Mitigation Plan, City Council Strategic Plan, and Climate Emergency Resolution, will identify shared goals and solutions that directly serve our most socially vulnerable communities with an emphasis on identifying nature-based solutions. The CRO will fully develop those solutions and identify, secure, and manage funding resources, communication, and outreach for those projects. The CRO will increase capacity in the City’s planning and response capability, including greater flexibility, greater interagency coordination, and greater ability to integrate new information and research findings to rapidly improve resilience. Total funding requested is approximately $800,000 to cover expenses for the five year grant. SGC Regional Climate Collaboratives Application Page 246 of 266 Page 2 of 2 Preparation and adoption of a Climate Action Plan is a proposed implementation program within the 2040 General Plan. If the regional group of partners including the City of Ukiah are awarded funding by the Strategic Growth Council, the City would participate with the Mendocino Climate Collaborative on addressing regional climate issues, while also receiving funding specifically allocated for future preparation of a Ukiah Climate Action Plan. Total funding requested for Ukiah's Climate Action Plan is approximately $120,000. Discussion: Participation in the Mendocino County Collaborative requires a Letter of Commitment from the City (Attachment 1) and execution of a partnership agreement (Attachment 2). Staff recommends Council receive the report on pending grant applications and authorize the City Manager to sign all related documents (and take all steps necessary), such as the partnership agreement and letter of commitment, for participation in these funding programs. Recommended Action: Receive report on pending grant applications and authorize City Manager to sign related grant agreements and letter(s) of commitment; and complete any other documents necessary for the grants. 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 Page 247 of 266 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com October 5, 2022 Mary Anne Petrillo CEO, West Business Development Center Fort Bragg, Ca 95437 Dear Ms. Petrillo, The City of Ukiah is pleased to submit this Letter of Commitment to participate in the Mendocino Community Climate Collaborative. As you know, our team has collaborated with members of the collaborative in the past and we look forward to building momentum to address the intersecting issues of climate change, equity, climate mitigation and economic development within Mendocino County. This grant has the potential to help move the City’s climate efforts forward and we look forward to working together to successfully transform this collective vision into reality. In signing this letter, the City of Ukiah acknowledges we have read the RCC Guidelines and understand our obligations under the Partnership Agreement and the RCC Grant Program. Sincerely, Sage Sangiacomo City Manager Attachment 1 Page 248 of 266 PARTNERSHIP AGREEMENT FOR THE COLLABORATIVE STAKEHOLDER STRUCTURE FOR MENDOCINO COMMUNITY CLIMATE COLLABORATIVE HERE This Partnership Agreement for the Collaborative Stakeholder Structure for Mendocino Community Climate Collaborative (“Agreement”) is made and entered into this ___ day of ____________, 2022, by and between West Business Development Center, Mendocino County Climate Action & Advisory Committee, City of Fort Bragg, City of Ukiah, Noyo Center, Coyote Valley Band of Pomo and Grass Roots Institute (each a “Partner” and collectively the “Partners”). Although titled “Partnership Agreement,” this Agreement functions as a Memorandum of Understanding and is not intended to be legally binding. General Terms and Conditions 1. Background and Recitals A. This Partnership Agreement is entered into pursuant to requirements of the Regional Climate Collaboratives (RCC) Program and Mendocino Community Climate Collaborative proposal (“Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the Proposal. B. Through this Agreement, the Partners commit to work together to implement the projects identified in the Proposal if funded by the RCC grant. The Managing Stakeholder and Co- Applicants have developed the projects included in the Proposal with the understanding of the RCC program requirements and are prepared to lead and participate for the term of the RCC grant. C. Through the Regional Climate Collaboratives Program, the California Strategic Growth Council (SGC) funds community-rooted and cross-sectoral partners to form a collaborative and conduct capacity building activities that will strengthen local coordination, leadership, knowledge, and skills to increase access to funding and implement multi-benefit climate mitigation, adaptation, and resiliency projects. D. If awarded, Managing Stakeholder will be the Grantee responsible for the grant from SGC ("RCC Grant") to fund a range of capacity building activities within City of Ukiah, City of Fort Bragg, Coyote Valley Band of Pomo, Sherwood Valley Band of Pomo in Mendocino County as depicted in the attachment: Project Area Map. E. RCC Partners are organizations eligible to participate in the program and fully support the objectives, goals, strategies, and projects identified within the submitted and ultimately approved by SGC ("RCC Grant Application"), and the Partners agreed to be Co-Applicants for the RCC Grant Application. F. SGC requires this Agreement to set forth the agreed upon governance structure and terms of operation required to implement the Mendocino Community Climate Collaborative including but not limited to, the expectations and responsibilities of the Parties, legal and financial terms, and community engagement and decision-making processes. Attachment 2 Page 249 of 266 G. Parties desire to enter into this Agreement in order to establish a collaborative stakeholder structure for matters pertaining to the RCC Grant and the implementation of the scope of work within the forenamed Communities of Focus within Mendocino County Region. H. Parties acknowledge and agree that other Partners may be added to this Agreement, decided through a democratic process amongst the Collaborative and in consultation with SGC. I. This Agreement is entered into pursuant to requirements of the RCC Program and Mendocino Community Climate Collaborative (“RCC Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the RCC Proposal. 2. Roles and Responsibilities 2.1 Managing Stakeholder As the Managing Stakeholder, West Business Development Center commits to all duties and responsibilities corresponding to the Managing Stakeholder role under the Mendocino Community Climate Collaborative for the term of the RCC Grant. The West Business Development Center is fully committed to the activities and deliverables of the RCC Proposal, the requirements of the RCC Grant, and the stipulations of this Agreement, and agrees to take all actions necessary to effectuate the requirements of the RCC Grant in accordance with the State of California requirements. As Managing Stakeholder, the West Business Development Center’s responsibilities include but are not limited to: a. Coordinating all components of the RCC Proposal and processing the approval of the RCC Proposal through the California Strategic Growth Council as may be necessary; b. Overseeing and coordinating the RCC Proposal project; c. Preparing and disbursing the RCC Grant funds to Co-Applicants either as reimbursement or advanced funds for eligible administration and services upon submission of full and complete disbursement requests or supporting documentation for advanced funds, subject to State review and approval; d. Submitting all invoices and associated summary reports, and annual reports to the California Strategic Growth Council e. Participating in regular check-in meetings with RCC Program staff f. Providing West Business Development Center staff support for preparing invoicing during the entirety of the grant term; and g. Monitoring goals and associated indicators as defined by the RCC Proposal and the RCC Grant Guidelines. The RCC Proposal implementation will be managed in Mendocino County. 2.2 Co-Applicants Co-Applicants are responsible for implementing specific capacity building strategies stipulated within the Collaborative’s workplan, and must have the staff capacity, expertise, and organizational/project management abilities to deliver on their commitments within the overall workplan. Page 250 of 266 The following entities will serve as Partners on Mendocino Community Climate Collaborative for the term of the RCC Grant. a. West Business Development Center a. Managing stakeholder b. County of Mendocino a. Build cross-sector partnerships to coordinate and access funding for climate- related projects c. Mendocino County Climate Action & Advisory Committee a. Prepare Climate Action Plans for: Mendocino County d. City of Fort Bragg a. Prepare Climate Action Plans for: City of Fort Bragg e. City of Ukiah a. Prepare Climate Action Plans for: City of Ukiah f. Noyo Ocean Science Center a. Develop Regional Blue Economy incubation and feasibility plans g. Coyote Valley Band of Pomo a. Tribal Co-Developer of Jackson Demonstration State Forest Management Plan h. Grass Roots Institute a. Facilitate and educate community on resources and multi-level climate resilience planning 2.3 Proposal Overview Proposal Description and Summary RCC Collaborative Stakeholder Structure 2.3.1 General. In this section, please explain how the Collaborative Stakeholder Structure is organized. In doing so, describe the ways residents will be involved (i.e., the formation of community seats, resident committees, etc.) and what the process will be to add or remove members. Please also share a contingency plan in the case of a Partner leaves or disbands before the end of the RCC grant term. The Collaborative stakeholders are independent entities bound by a common goal to ensure Mendocino County and its surrounding regions are adequately prepared for the mitigation and adaptation of climate changes. Each partner will engage with residents over the course of the grant period to support their various tasks. The structure is one of open collaboration, where each partner has a set of primary strategies to complete, for which they are responsible, with other partners in the collaboration joining in efforts as described in the workplan and grant narrative. Community involvement and participation are a highlighted component of all project strategies, which include collaboration with a variety of existing stakeholder groups such as the Mendocino County Advisory Councils (MACs) and Mendocino Council of Governments (MCOG) which represent the many unincorporated communities throughout the region, through focus groups, community meetings, community surveys, etc. Additionally, many official groups will also play an important part in policy formation including Tribal Councils, City Councils, the Board of Supervisors, and Planning Commissions, all of these groups hold meetings which are open to the public per the Brown Act. In the unlikely event that a partner is unable to complete their selected strategies or tasks, the managing stakeholder partner and the partners will work together to identify If another partner is Page 251 of 266 willing/able to take on a specific task or strategy. The Managing Partner will also work with non- performing partner to develop a transition plan to transition those tasks to another partner in consultation with the Strategic Growth Council. 2.3.2 Meetings. In this section, please describe the meeting facilitation procedures, including the frequency of meetings, minimum number of meetings open to the public, means for publishing meeting agenda, and notes for public access. Upon award acceptance the Mendocino Community Climate Collaborative will convene once a quarter through the duration of the grant. The Managing stakeholder will set the agenda for each meeting. Agenda will include but not be limited to: progress updates on each strategy and task, lessons learned and best practices and discuss solutions to any impediments each stakeholder may be experiencing. Each partner will provide a brief written update on progress one week prior to meetings. All meeting minutes will be recorded, and meeting minutes will be posted to a site to be developed on the County of Mendocino Economic Development webpage. Twice a year the Mendocino Community Climate Collaborative will host a public meeting to inform and discuss climate actions with the general public, these meetings will be in addition to all the meetings held by collaborative partners on specific strategies. Meeting agendas will be published in the newspaper, online and available via email through a signup. 2.3.3 Decision-Making and Dispute Resolution. In this section, please explain the decision- making processes and ways the Collaborative Stakeholder Structure will handle disputes. Decisions will be made following Roberta’s Rules of Order, with discussion, followed by a motion, followed by additional discussion, followed by a second and a vote, with the final decision being by majority vote or the partners in attendance at the meeting. In some cases, decisions may need to be made by email or zoom as well, and these will follow the same process. Decisions may be revisited or delayed to subsequent meetings, in the event that additional information Is required. Majority vote decisions will be final. If any dispute arises among the parties hereto, the parties agree to first try in good faith to settle the dispute by mediation or arbitration administered by a mutually agreed upon mediator/arbitrator before restoring to litigation, except that under all circumstances the mediator/arbitrator must follow the laws of California. The costs of any mediation/arbitration proceeding shall be shared equally by all parties. Such mediation/arbitration shall be binding and final and may be entered in any court that has jurisdiction over the matter. The prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs incurred in connection with the mediation/arbitration of the dispute in an amount to be determined by the mediator/arbitrator. 3. Legal and Financial Considerations The West Business Development Center will maintain legal, fiscal and fiduciary responsibilities, including managing grant funds in accordance with SGC regulations, policies and guidelines. Page 252 of 266 The West Business Development Center is responsible for the development and submission of all reports to the California Strategic Growth Council and additional funding agencies, bookkeeping, accounting, and grant compliance services. The West Business Development Center and each Co-Applicant shall have equal standing and collective accountability for implementing grant program requirements within the Collaborative Stakeholder Structure. The West Business Development Center does not assume liability for any third-party claims for damages arising out of this Agreement and each Co-Applicant does not assume liability to SGC for damages arising out of this Agreement. 4. Equal Opportunity The West Business Development Center and Co-Applicants are committed to equal employment opportunity and to ensuring that all employees have a work environment that is free of conduct that could be considered discriminatory or harassing based on an employee’s protected status. The West Business Development Center and Co-Applicants will not allow anyone, including any supervisor, co-worker, vendor, client, or customer, to unlawfully harass or discriminate against employees or applicants for employment. The West Business Development Center will take prompt and effective remedial action upon discovery of such conduct. 5. Miscellaneous Provisions This Agreement may be revised during Post-Award Consultation or upon written agreement of the parties to comply with all administrative, statutory, and RCC Program requirements. This Agreement creates no right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity. The parties shall manage their respective resources and activities in a separate, coordinated, and mutually beneficial manner to meet the purposes of this Agreement. IN WITNESS, WHEREOF, the parties hereto have executed this Agreement on ___________, 2022. West Business Development Center Signature line _____________________________ Insert name of managing stakeholder, name of authorized signatory and their role in the managing stakeholder organization. Co-Applicant 1 Signature Line _____________________________ Insert name of co-applicant, name of authorized signatory and their role in the co-applicant's organization. Co-Applicant 2 Signature Line _____________________________ Insert name of co-applicant, name of authorized signatory and their role in the co-applicant's organization. Page 253 of 266 Co-Applicant 3 Signature Line _____________________________ Insert name of co-applicant, name of authorized signatory and their role in the co-applicant's organization. Co-Applicant 4 Signature Line Insert as many Co-applicant signature lines as needed. All parties to this agreement should sign. Page 254 of 266 1 Kristine Lawler Subject:13a Correspondence Received - Eileen Mitro ‐‐‐‐‐Original Message‐‐‐‐‐  From: Eileen Mitro <climateactionmendocino@gmail.com>   Sent: Wednesday, October 5, 2022 3:28 PM  To: Kristine Lawler <klawler@cityofukiah.com>  Subject: City Council Meeting Item 13a    Hi Kristine,    This email is in support of Item 13a on the City Council agenda today, Oct. 5, 2022 about the Grant Agreement and the  City of Ukiah’s Letter of Commitment for the City to produce a Climate Action Plan.    Climate Action Mendocino has eagerly offered our help should the City Council approve of the General Plan and move  forward on a Climate Action Plan.  The last one done in 2014 was a great start, but never got approved.  There’s no time  to lose and we will be there to help in any way we can.    This Partnership Agreement would commit the City of Ukiah to be part of the 'Mendocino Climate Collaborative’ and is a  positive move forward to address the climate challenges ahead.  We wholeheartedly support it.    Eileen Mitro  Climate Action Mendocino      Page 255 of 266 Page 1 of 1 Agenda Item No: 13.b. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2034 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 Brown and Various Councilmembers ATTACHMENTS: 1. 2022 City Council Special Assignments 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 Page 256 of 266  2022 CITY COUNCIL SPECIAL ASSIGNMENTS COUNTY/REGIONAL OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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 Tami Bartolomei, Office of Emergency Management Coordinator; 467-5765 tbartolomei@cityofukiah.com Greater Ukiah Business & Tourism Alliance 3rd Tuesday of month, 11:30 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 Duenas Rodin - 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 Brown Rodin- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@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 Orozco Brown- Alternate Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com 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 Brown Duenas- 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 Duenas Orozco - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Ross Walker, 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 North Coast Rail Authority (NCRA)2nd Wednesday of month, 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 Shannon Riley, Deputy City Manager Shannon Riley,Deputy City Manager; 467-5793 sriley@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 Association Attn: Daria Isupov 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Brown- Alternate Tim Eriksen, Public Works Director/City Engineer;463-6280 teriksen@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 Nicole French 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 COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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 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 Orozco Neil Davis- Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Continued - COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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, Patrol Lieutenant Cedric Crook, Patrol Lieutenant Nob; 463-6771; ccrook@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 1 9/8/2022 ATTACHMENT 1 Page 257 of 266  2022 CITY COUNCIL SPECIAL ASSIGNMENTS LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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 Rodin Orozco-Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com 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 Kristine Lawler, City Clerk; 463-6217 klawler@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 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 Supervisor Mulheren Kristine Lawler, City Clerk; 463-6217; klawler@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 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 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 Craig Schlatter, Director of Community Development; 463-6219; cschlatter@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 Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@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 Brown 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 Brown Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Fire Executive Committee 2nd Wednesdays of month, 3:45 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Stephanie Abba 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/Brown Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Equity and Diversity 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 2 9/8/2022 Page 258 of 266 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/Brown Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Budget Development Best Practices and Financial Policy For FY 22/23 Budget Crane/Brown Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Sheri Mannion, Human Resource Director/Risk Manager; 463-6272, smannion@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 Sage Sangiacomo, City Manager 463-6221 ssangiacomo@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com 2021 Electric Rate Study Crane/Duenas Cindy Sauers, Electric Utility Director;  463‐6286 csauers@cityofukiah.com Housing Policy Rodin/Orozco 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/Brown Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463‐5712 swhite@cityofukiah.com  Upper Russian River Water Agency/City Relations Crane/Brown Sean White, Director of Water Resources;  463‐5712 swhite@cityofukiah.com    Orr Street Bridge Corridor Rodin/Duenas 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 Cannabis Ordinance Modifications Duenas/Brown Craig Schlatter, Community Development Director 463‐6219 cschlatter@cityofukiah.com Special Districts Brown/Crane Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Public Financing Rodin/Orozco Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com Corp Yard Crane/Brown Jason Benson, Senior Civil Engineer  463‐6284 jbenson@cityofukiah.com Police Chief Recruitment Brown/Rodin Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Great Redwood Trail Rodin/Duenas Neil Davis, Community Services Director 467‐5764 ndavis@cityofukiah.com 2022 AD HOC COMMITTEES 3 8/18/2022 Page 259 of 266 Page 1 of 2 Agenda Item No: 13.c. MEETING DATE/TIME: 10/5/2022 ITEM NO: 2022-2044 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution(s) Approving Successor Memoranda of Understanding Between the City of Ukiah and Employee Bargaining Units, and Authorizing the City Manager to Execute. DEPARTMENT: Human Resources / Risk Management PREPARED BY: Sheri Mannion, H.R. Director/Risk Manager PRESENTER: Sheri Mannion, Human Resources/Risk Management Director and Sage Sangiacomo, City Manager ATTACHMENTS: 1. Resolution and MOU - Presented at Meeting - Posted 10/6/22 Summary: Council will consider adopting a Resolution(s) for a successor Memoranda of Understanding (MOU) between the City of Ukiah and employee bargaining units, and authorizing the City Manager to execute on behalf of the City. Background: The Myers-Milias Brown Act (MMBA) is the law in California that establishes mandatory rights and duties by which all local agencies must abide with regard to labor relations. Within the requirements of MMBA, the City's negotiator, the City Manager, receives authority from the City Council on matters within the scope of representation, and then proceeds to meet and confer with bargaining units. Additionally, as part of the overall routine maintenance of the classification and compensation schedules for the City of Ukiah, the Human Resources Department is responsible for evaluating classifications and benefits, developing new classifications (including appropriate salary levels), examining salary grade adjustments, and making recommendations for additions, modifications, and corrections. Recognizing the importance of remaining competitive in the labor market and the continued efforts and support from all City team members during the pandemic, the City Council authorized the City Manager to enter negotiatations with bargaining units. Discussion: The City Manager, Human Resources Director, and representatives from employee bargaining units have been meeting regularly over the past couple of months to negotiate successor labor agreements. Agreements with the International Brotherhood of Electrical Engineers, Ukiah Professional Firefighter Association, both Operating Engineers Local 3 Units, and Management Unit have already been adopted and implemented. Two remaining agreements are nearing completion. City Staff will bring ratified tentative agreements from other units forward for consideration as they become available. A Special Closed Session meeting was agendized prior to the Regular Council meeting for additional discussion before adopting any Resolution(s) that might be ready. Resolution(s) and agreements are under development and will be distributed the night of the meeting following the closed session should they be deemed ready for consideration. Page 260 of 266 Page 2 of 2 Recommended Action: Adopt a Resolution(s) approving successor Memoranda of Understanding between the City of Ukiah and employee bargaining units, and authorize the City Manager to execute on behalf of the City. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: Budgeted FY 2022/2023 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Dan Buffalo, Finance Director; Sage Sangiacomo, City Manager Page 261 of 266 RESOLUTION NO. 2022-67XX RESOLUTION OF THE CITY OF UKIAH APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND DEPARTMENT HEAD UNIT WHEREAS, the City of Ukiah Employee/Employer Relations Officer and Human Resources Director meet and confer in good faith with the bargaining units on matters including wages, hours, and the terms and conditions of employment for represented employees; and WHEREAS, the City of Ukiah Employee/Employer Relations Officer and Human Resources Director meet and confer in good faith with the bargaining units on matters including wages, hours, and the terms and conditions of employment for represented employees; and WHEREAS, this Memorandum of Understanding includes all terms and conditions of employment with respect to wages, hours, and working conditions applicable to the Department Unit for the period of July 10, 2022, through September 18, 2025. NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Ukiah hereby approves and authorizes the City Manager to execute this Memorandum of Understanding on behalf of the City. PASSED, ADOPTED and APPROVED this 5th day of October, 2022 by the following vote on roll call vote: AYES: Councilmembers Orozco, Crane, Rodin, and Mayor Brown NOES: None ABSTAIN: None ABSENT: Councilmember Duenas _______________________________ Jim O. Brown, Mayor ATTEST: _______________________________ Kristine Lawler, City Clerk Page 262 of 266     COU 2223‐XXX  Page 1 of 2    MEMORANDUM OF UNDERSTANDING Between The City of Ukiah And Department Head Unit This Memorandum of Understanding (“MOU”) is entered into by and between the City of Ukiah (“City”) and the Department Head Unit (“Unit”) (collectively referred to as “Parties”). Having met and conferred in accordance with Government Code section 3500, et. seq., the City and the Unit agrees to amend, add to, and clarify the Parties’ current MOU as follows: 1. TERM The term of this MOU shall be from July 10, 2022 through September 18, 2025. 2. SALARY Year 1: Effective retro to the first full pay period in July 2022, all unit members will receive a 5% increase to base salary. Year 2: Effective the first full pay period following September 19, 2023, all unit members shall receive a 3% increase to base salary. Year 3: Effective the first full pay period following September 19, 2024, all classifications will receive a 3% salary increase to base salary, unless the local economic benchmark – consisting of total revenue collected for property tax, sales tax and transient occupancy tax – falls below the combined total for the past audited Fiscal Year of 2022/2023. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF-Oakland-Hayward figures for April, to a maximum of 2%. In no case shall this result in a decrease in compensation. 3. CONTINUATION The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this MOU, shall continue in effect and shall not be affected by the terms of this MOU. The value or availability of the benefits provided in the MOU as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to Unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this MOU are limited to the direct cost of providing the salary and benefits as described in the MOU. The City shall have no additional financial Page 263 of 266     COU 2223‐XXX  Page 2 of 2    obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this 21st day of September 2022. CITY OF UKIAH DEPARTMENT HEAD UNIT ______________________________ _________________________________________ Sage Sangiacomo, City Manager Tim Eriksen, Public Works Director/City Engineer Page 264 of 266     COU 2223‐XXX  Page 1 of 2    MEMORANDUM OF UNDERSTANDING Between The City of Ukiah And Department Head Unit This Memorandum of Understanding (“MOU”) is entered into by and between the City of Ukiah (“City”) and the Department Head Unit (“Unit”) (collectively referred to as “Parties”). Having met and conferred in accordance with Government Code section 3500, et. seq., the City and the Unit agrees to amend, add to, and clarify the Parties’ current MOU as follows: 1. TERM The term of this MOU shall be from July 10, 2022 through September 18, 2025. 2. SALARY Year 1: Effective retro to the first full pay period in July 2022, all unit members will receive a 5% increase to base salary. Year 2: Effective the first full pay period following September 19, 2023, all unit members shall receive a 3% increase to base salary. Year 3: Effective the first full pay period following September 19, 2024, all classifications will receive a 3% salary increase to base salary, unless the local economic benchmark – consisting of total revenue collected for property tax, sales tax and transient occupancy tax – falls below the combined total for the past audited Fiscal Year of 2022/2023. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF-Oakland-Hayward figures for April, to a maximum of 2%. In no case shall this result in a decrease in compensation. 3. CONTINUATION The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this MOU, shall continue in effect and shall not be affected by the terms of this MOU. The value or availability of the benefits provided in the MOU as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to Unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this MOU are limited to the direct cost of providing the salary and benefits as described in the MOU. The City shall have no additional financial Page 265 of 266     COU 2223‐XXX  Page 2 of 2    obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this 21st day of September 2022. CITY OF UKIAH DEPARTMENT HEAD UNIT ______________________________ _________________________________________ Sage Sangiacomo, City Manager Tim Eriksen, Public Works Director/City Engineer Page 266 of 266