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HomeMy WebLinkAbout2024-04-17 CC PacketPage 1 of 4 City Council Regular Meeting AGENDA (to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/89361597008 Or you can call in using your telephone only: • Call (toll free) 1-888-788-0099 • Enter the Access Code: 893 6159 7008 • To Raise Hand enter *9 • To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. April 17, 2024 - 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4.a. Proclamation Declaring April 2024 as Sexual Assault Awareness in the City of Ukiah. Recommended Action: Issue Proclamation. Attachments: 1. Proclamation 5. PETITIONS AND COMMUNICATIONS 6. APPROVAL OF MINUTES 6.a. Approval of the Minutes for the April 3, 2024, Special Meeting. Recommended Action: Approve the Minutes for the April 3, 2024, Special Meeting. Attachments: 1. 6a 2024-04-03 Draft Minutes - Special Meeting 6.b. Approval of the Minutes for the April 3, 2024, Regular Meeting. Page 1 of 236 Page 2 of 4 Recommended Action: Approve the Minutes for the April 3, 2024, Regular Meeting. Attachments: 1. 6b 2024-04-03 Draft Minutes - Regular Meeting 7. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 8. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. 8.a. Report of Disbursements for the Month of March 2024. Recommended Action: Approve the report of disbursements for the month of March 2024. Attachments: 1. March 2024 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. March 2024 Disbursement Detail 8.b. Approval of the Re-appropriation of Certain Series 2022 Lease Revenue Bonds (Capital Projects) and Grant Funds In Support of the Urban Core Rehabilitation and Transportation Project. Recommended Action: Approve the re-appropriation of certain Series 2022 Lease Revenue Bonds (Capital Projects) and grant funds in support of the Urban Core Rehabilitation and Transportation Project. Attachments: 1. ASR - awarding contract 2. Supplemental Memo - Agenda Item 13b 8.c. Authorize the City Manager to Negotiate and Execute a Parking License Agreement with Redwood Family Dermatology Medical Associates. Recommended Action: Authorize the City Manager to negotiate and execute a Parking License Agreement with Redwood Family Dermatology Medical Associates. Attachments: 1. Exhibit A 2. Redwood Family Dermatology Medical Group License Agreement 8.d. Receive Report Regarding the Annual Review of Shopping Cart Containment and Retrieval Policies. Recommended Action: Receive the annual report and update regarding shopping cart containment and retrieval policies. Attachments: 1. 1222 - Shopping Cart Regulations 8.e. Authorize the City Manager to Negotiate and Execute a Lease Agreement with Mendocino County Air Quality Management District (MCAQMD) to Lease Space at the Airport. Recommended Action: Authorize the City Manager to Negotiate and Execute a Lease Agreement with Mendocino County Air Quality Management District to lease space at the Airport. Attachments: 1. Draft Lease Agreement Page 2 of 236 Page 3 of 4 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. PUBLIC HEARINGS (6:15 PM) 13. UNFINISHED BUSINESS 13.a. Consider Authorizing a Letter to the Mendocino County Department of Planning & Building Services Regarding the Proliferation of Off-site Advertisements/Billboards within Unincorporated Areas of the Ukiah Valley. Recommended Action: Authorize Staff to draft a letter under the Mayor's signature to be sent to the Mendocino County Department of Planning & Building Services regarding off-site advertisements/billboards within unincorporated areas of the Ukiah Valley. Attachments: 1. DRAFT_Ukiah Valley Billboard Letter_04.17.2024 13.b. Consider Adoption of Resolution Approving a Citywide Policy Establishing Vehicle Miles Traveled (VMT) as the Standard of Measurement for Potential Vehicle Traffic Impacts and a Methodology for Evaluation of Future Projects Consistent with the California Environmental Quality Act (CEQA). Recommended Action: Adopt resolution approving a citywide policy establishing vehicle miles traveled (VMT) as the standard of measurement for potential vehicle traffic impacts and a methodology for evaluation of future projects consistent with CEQA. Attachments: 1. Resolution- SB 743 VMT Policy 2. Exhibit A- Tech Memoranda 1-4 14. NEW BUSINESS 14.a. 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. 2024 City Council Special Assignments and Ad Hocs 15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING 15.a. Conference with Legal Counsel – Initiation of Litigation (Government Code Section 54956.9(d)(4)) Initiation of litigation (3 cases) Page 3 of 236 Page 4 of 4 15.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 15.c. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 180-110-12; 180-120-15; 180-120-16 Negotiator: Shannon Riley, Deputy City Manager Negotiating Parties: GMB Realty Partners, Inc. Under Negotiation: Price & Terms of Payment 15.d. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-230-03-00 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Mark and Jann Lanz Under Negotiation: Price & Terms of Payment 15.e. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units 16. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Kristine Lawler, CMC/CPMC Dated: 4/12/24 Page 4 of 236 Page 1 of 2 Agenda Item No: 4.a. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-93 AGENDA SUMMARY REPORT SUBJECT: Proclamation Declaring April 2024 as Sexual Assault Awareness in the City of Ukiah. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Duenas ATTACHMENTS: 1. Proclamation Summary: The City Council will issue a proclamation declaring April 2024 as Sexual Assault Awareness in the City of Ukiah. Background: Sexual Assault Awareness Month (SAAM) calls attention to the fact that sexual violence is widespread and impacts every person in the community. SAAM aims to raise public awareness about sexual violence and educate communities about how to prevent it. Discussion: Systems of oppression such as racism, sexism, classism, heterosexism, ageism, ableism, etc. contribute to higher rates of sexual harassment, assault, and abuse. Following are some statistics regarding sexual assault: • More than four in five American Indian and Alaska Native women (84.3%) have experienced violence in their lifetime (Rosay, 2016). • One in three Hispanic women (34.8%) reported unwanted sexual contact in their lifetime (Basile et al., 2022). • 32.9% of adults with intellectual disabilities have experienced sexual violence (Tomsa et al., 2021). • 47% of all transgender people have been sexually assaulted at some point in their lives (James et al., 2016). Not one person, organization, agency or community can eliminate sexual assault on their own—with leadership, dedication, and encouragement, there is compelling evidence that we can be successful in reducing sexual violence in the City of Ukiah through prevention education and increased awareness. Locally, Project Sanctuary provides trauma-informed, supportive services, by offering a 24-hour hotline to victims/survivors, responding to emergency calls, offering support and comfort during medical exams, criminal proceedings, and empowering those impacted by sexual assault to chart their own journey for healing. Ending sexual violence in the City of Ukiah means that we must strongly support the efforts of national, state, and local partners, and of every citizen to actively engage in public and private efforts, including conversations about what sexual violence is, how to prevent it, and how to help survivors connect with services. The proclamation declaring April 2024 as Sexual Assault Awareness in the City of Ukiah is Attachment 1. Recommended Action: Issue Proclamation. BUDGET AMENDMENT REQUIRED: N/A Page 5 of 236 Page 2 of 2 CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Jamie Pitman, Project Sanctuary DIVERSITY-EQUITY INITIATIVES (DEI): Goal 2 – Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our organization. Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. CLIMATE INITIATIVES (CI):N/A GENERAL PLAN ELEMENTS (GP):N/A Page 6 of 236 April 2024 as Sexual Assault Awareness Month in the City of Ukiah Whereas, Sexual Assault Awareness Month (SAAM) calls attention to the fact that sexual violence is widespread and impacts every person in the community. SAAM aims to raise public awareness about sexual violence and educate communities about how to prevent it; and Whereas, systems of oppression such as racism, sexism, classism, heterosexism, ageism, ableism, etc. contribute to higher rates of sexual harassment, assault, and abuse; and Whereas, more than 4 in 5 American Indian and Alaska Native women (84.3%) have experienced violence in their lifetime; and Whereas: 1 in 3 Hispanic women (34.8%) reported unwanted sexual contact in their lifetime; 32.9% of adults with intellectual disabilities have experienced sexual violence; 47% of all transgender people have been sexually assaulted at some point in their lives; and Whereas, not one person, organization, agency, or community can eliminate sexual assault on their own—with leadership, dedication, and encouragement, there is compelling evidence that we can be successful in reducing sexual violence in the City of Ukiah through prevention education and increased awareness; and Whereas, Project Sanctuary’s mission is to provide trauma-informed, supportive services, by offering a 24-hour hotline to victims/survivors, responding to emergency calls, offering support and comfort during medical exams, criminal proceedings, and empowering those impacted by sexual assault to chart their own journey for healing; and Whereas, ending sexual violence in the City of Ukiah means that we must strongly support the efforts of national, state, and local partners, and of every citizen to actively engage in public and private efforts, including conversations about what sexual violence is, how to prevent it, and how to help survivors connect with services. Therefore be it resolved, that we, the City Council for the City of Ukiah, join not only Project Sanctuary, but advocates and communities across the country in taking action to prevent sexual violence by proclaiming April as: Sexual Assault Awareness Month in the City of Ukiah Signed and sealed, this 17th day of April in the year Two Thousand and Twenty-Four. ____________________________ Josefina Dueñas, Mayor ATTACHMENT 1 Page 7 of 236 AGENDA ITEM 6a Page 1 of 1 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Virtual Meeting Link: https://us06web.zoom.us/j/81760916204 Ukiah, CA 95482 April 3, 2024 4:00 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on April 3, 2024, having been legally noticed on March 29, 2024. The meeting was held in person and virtually at the following link: https://us06web.zoom.us/j/81760916204. Mayor Dueñas called the meeting to order at 4:05 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; and Kristine Lawler, City Clerk. MAYOR DUEŇAS PRESIDING. The Pledge of Allegiance was led by Councilmember Rodin. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Clerk noted that no public was present. 3. BUDGET WORKSHOP a. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2023-25, Review of Draft Objectives, and Review of Individual Departmental Five-Year Capital Improvement Plan Updates for Fiscal Year 2024-25. Presenters: Dan Buffalo, Finance Director and Department Directors. Water Resources – Sean White, Water Resources Director (4:07 p.m.) Water Services (4:08 p.m.) Wastewater Services (4:17 p.m.) Recycle Water Services (4:23 p.m.) Public Works – Tim Eriksen, Public Works Director/City Engineer (4:36 p.m.) Fleet and Plant Maintenance (aka Garage) (4:40 p.m.) Engineering (4:43 p.m.) Corp Yard (4:45 p.m.) Landfill (4:49 p.m.) Streets (5:11 p.m.) Building & Grounds Maintenance (5:13 p.m.) Finance: Financial Department Overview and Treasury – Dan Buffalo, Finance Director (5:20 p.m.) Disbursements (Accounts Payable and Payroll) – Sarah Brown, Financial Services Specialist II (5:22 p.m.) Utility Billing and Customer Services – Lori Martin, Billing and Customer Services Manager (5:25 p.m.) Accounting and Budget – Olga Keough, Finance Controller (5:32 p.m.) Procurements (Capital, and Grants) – Mary Horger, Financial Services Manager (5:37 p.m.) 4. ADJOURNMENT There being no further business, the meeting adjourned at 5:44 p.m. ________________________________ Kristine Lawler, CMC/CPMC Page 8 of 236 AGENDA ITEM 6b Page 1 of 4 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue, Ukiah, CA 95482 Virtual Meeting Link: https://us06web.zoom.us/j/81760916204 Ukiah, CA 95482 April 3, 2024 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on April 3, 2024, having been legally noticed on March 29, 2024. The meeting was held in person and virtually at the following link: https://us06web.zoom.us/j/81760916204. Mayor Dueñas called the meeting to order at 6:06 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR DUEÑAS PRESIDING. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Orozco. 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Recognizing April 14th – 20th as National Public Safety Telecommunicators Week in the City of Ukiah. Presenter: Vice Mayor Crane. Proclamation was received by Chris Pittman, Dispatcher. Staff Comment: Cedric Crook, Police Chief. b. Proclamation Recognizing April as Fair Housing Month. Presenter: Councilmember Orozco. Proclamation was received by Trudy Sellars-Ramos, Better Homes and Gardens Real Estate Wine Country Group. c. Proclamation Recognizing April as Arts, Creativity, and Culture Month. Presenter: Councilmember Sher. Proclamation was received by Alyssum Wier, Arts Council of Mendocino County. d. Presentation from the Library Advisory Board. Presenters: Councilmember Sher and Michele Bisson Savoy, Library Advisory Board Chair. Page 9 of 236 City Council Minutes for April 3, 2024, Continued: Page 2 of 4 Presentation was received. 5. PETITIONS AND COMMUNICATIONS City Clerk, Kristine Lawler, stated that no communications had been received. 6. APPROVAL OF MINUTES a. Approval of the Minutes for the March 20, 2024, Special Meeting. b. Approval of the Minutes for the March 20, 2024, Regular Meeting. c. Approval of the Minutes for the March 25, 2024, Special Meeting. Motion/Second: Crane/Rodin to approve the Special and Regular Meeting Minutes of March 20, 2024; and the Special Meeting Minutes of March 25, 2024, as modified and corrected. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. 7. RIGHT TO APPEAL DECISION Mayor read the right to appeal a decision. 8. CONSENT CALENDAR a. Adoption of Resolution (2024-08) Making Appointments to the 2024 Measure P Oversight Committee – City Clerk. b. Notification to City Council of Contract 2324-171 with Coastal Mountain Electric for the State Street Overhead to Underground Electrical Conversions, in the Amount of $59,995.00 – Electric Utility. c. Adoption of Resolution (2024-09) Modifying the Diversity and Equity Standing Committee - Administration. d. Report to City Council on the Annual Equity Report - Administration. e. Consider Adoption of Resolution (2024-10) Authorizing Submittal of an Application to the California Department of Housing and Community Development for Funding under the HOME Investment Partnerships Program; and if Selected, the Execution of a Standard Agreement (2324-182), Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the HOME Investment Partnerships Program, as well as Authorization of the Corresponding Budget Amendments – Community Development. Motion/Second: Crane/Sher to approve Consent Calendar Items 7a-e, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comments were received. 10. COUNCIL REPORTS Presenters: Vice Mayor Crane, Councilmember Orozco, and Mayor Duenas. 11. CITY MANAGER/CITY CLERK REPORTS Presenters:  Construction Update – Tim Eriksen, Public Works Director / City Engineer.  Tax Sharing Agreement Update – Sage Sangiacomo, City Manager Page 10 of 236 City Council Minutes for April 3, 2024, Continued: Page 3 of 4 12. PUBLIC HEARINGS (6:15 PM) 13. UNFINISHED BUSINESS a. Review of Application Received, and Possible Adoption of Resolution Appointing Angie Grainger to the City of Ukiah Planning Commission. Presenters: Kristine Lawler, City Clerk. Applicant Comment: Angie Grainger. Motion/Second: Rodin/Sher to adopt resolution (2024-11) appointing Angie Grainer to the Planning Commission [term ending April 7, 2025]. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. 14. NEW BUSINESS a. 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. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 6:58 P.M. 15. CLOSED SESSION a. Conference with Legal Counsel – Initiation of Litigation (Government Code Section 54956.9(d)(4)) Initiation of litigation (3 cases) b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 c. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 180-110-12; 180-120-15; 180-120-16 Negotiator: Shannon Riley, Deputy City Manager Negotiating Parties: GMB Realty Partners, Inc. Under Negotiation: Price & Terms of Payment d. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-230-03-00 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Mark and Jann Lanz Under Negotiation: Price & Terms of Payment e. Public Employee Appointment (Government Code Section 54957) Title: (City Appointment to City Civil Service Commission) f. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units THE CITY COUNCIL RECONVENED IN OPEN SESSION AT 7:58 P.M. Page 11 of 236 City Council Minutes for April 3, 2024, Continued: Page 4 of 4 City Attorney David Rapport reported that in relation to Agenda Item 15e, there was a Motion by Councilmember Rodin, Seconded by Councilmember Crane and carried unanimously to appoint Norm Rosen as the City’s representative on the Civil Service Commission 16. ADJOURNMENT There being no further business, the meeting adjourned at 8:01 p.m. ________________________________ Kristine Lawler, CMC/CPMC Page 12 of 236 Page 1 of 2 Agenda Item No: 8.a. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2022-1479 AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of March 2024. DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds PRESENTER: Consent Calendar ATTACHMENTS: 1. March 2024 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. March 2024 Disbursement Detail Summary: The Council will review and consider approval of the report of disbursements for the month of March 2024. Background: Payments made during the month of March 2024 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (5) individual payment cycles within the month. Accounts Payable Check Numbers (City & UVFA): 3056779-3056885, 3056886-3056986, 3056987-3057082, 3057083-3057177, 3057178-3057241 Accounts Payable Wire Transfers: 111, 112, 113, 114 Payroll Check Numbers: 515188-515276, 515277-515345 Payroll Manual Check Numbers: N/A Direct Deposit Numbers: 126446-126775, 126776-127101 Manual Direct Deposit Numbers: N/A Void Check Numbers: 3057016 Void Direct Deposit Numbers: N/A Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Attachment #1: March 2024 Summary of Disbursements Attachment #2: Account Codes for Reference Attachment #3: Object Codes for Reference Attachment #4: March 2024 Disbursement Detail Recommended Action: Approve the report of disbursements for the month of March 2024. Page 13 of 236 Page 2 of 2 BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 14 of 236 Attachment 1 FUNDS: 100 General Fund $249,389.33 700 Sanitary Disposal Site Fund $38,703.26 101 GF-(Sub-Fund) Visit Ukiah $1,857.17 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $171,040.95 702 Disposal Closure Reserve Fund $8,399.50 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $484,409.42 710 Ambulance Services Fund $26,472.52 130 Gov'tl Debt SVC/Reserve Fund $2,187,186.91 720 Golf Fund $2,400.72 131 Debt Service Reserve 2022 LRB $2,355,281.25 730 Confernence Center Fund $11,165.20 200 City Adminstrative Services $78,279.25 750 Visit Ukiah 201 Worker's Comp Fund $1,385.59 777 Airport Fund $33,609.77 202 Liability Fund 778 Airport Capital Improvement Fund $21,459.29 203 Garage Fund $10,426.55 779 Special Aviation Fund 204 Purchasing Fund $4,779.14 800 Electric Fund $861,068.97 205 Billing & Collections Fund $15,874.97 801 Electric Capital Reserve Fund $204,650.98 206 Public Safety Dispatch Fund $5,286.30 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $365,485.18 805 Street Lighting Fund $9,073.95 208 Building Maintenance/Corp Yard Fund $214,250.74 806 Public Benefits Fund $15,222.45 209 IT Fund $77,476.30 807 Cap and Trade 220 Equipment Reserve Fund 820 Water Fund $82,373.00 249 City Housing Bond Proceeds 821 Water Capital Reserve Fund $882,520.25 250 Special Revenue Fund 822 Water Capital Improvement Fund 251 Special Projects Reserve Fund $402,467.00 830 Recycled Water Fund $1,036,830.92 252 Streets/ROW Improvement Fund $36,885.38 840 City/District Sewer Fund $381,727.06 253 CITY PROP 172 841 Sewer Contruction Fund $1,000,823.14 300 Park Development Fund 843 Sewer Capital Fund 301 Anton Stadium Fund 900 Special Deposit Trust $8,318.61 302 Observatory Park Fund 901 General Service (Accts Recv)$1,960.89 303 Playground & Park Amenities Fund 902 U.S.W. Billing & Collection $65,380.73 304 Swimming Pool Fund 903 Public Safety - AB 109 $0.00 305 Riverside Park Fund 905 Federal Emergency Shelter Grant 306 Skate Park Fund 905 Mendocino Emergency Service Authority 308 Opioid Settlement Fund 911 Russian River Watershed Association $51,515.24 310 Museum Grants $0.00 915 UVFD $184.72 311 Alex Rorbaugh Recreation Center Fund $5,374.32 916 UVFD PROP 172 312 Downtown Business Improvement Fund 917 UVFD Measure B 313 LMIHF Housing Asset Fund 918 UVFD Mitigation 314 Winter Special Events $6,284.28 920 MSWMA Operations $141,316.32 315 Advanced Planning Fund $33,693.00 940 Sanitation District Special Fund 316 SPECIAL RECREATION EVENTS 942 Rate Stabilization - UVSD Fund 500 2106 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 501 2107 Gas Tax Fund 952 REDIP Sewer Enterprise Fund 503 2105 Gas Tax Fund 960 Community Redevelopment Agency 505 Signalization Fund 961 RDA Housing Pass-Through 506 Bridge Fund 962 Redevelopment Housing Fund 507 1998 STIP Augmentation Fund 963 Housing Debt 508 SB325 Reimbursement Fund 964 RDA Capital Pass-Through 509 S.T.P. Fund 965 Redevelopment Capital Improvement Fund 510 Trans-Traffic Congest Relief Fund 966 Redevelopment Debt Service 511 Rail Trail Fund 967 Housing Bond Proceeds 600 Community Development Block Grant 968 Non-Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 969 RDA Obligation Retirement Fund 602 Community Development Fund 844/944 Sewer Capital Projects Fund $353,444.96 603 08-HOME-4688 604 CDBG Grant 09-STBG-6417 605 11-HOME-7654 Fund $0.00 606 CDBG Grant 10-EDEF-7261 607 Prop 84 Grant Fund 609 13-CDBG-8940 610 City RDA Projects Fund Retainage Withheld $165,777.62 613 Home Program Activities 611 CDBG 16-CDBG-11147 $2,550.00 620 CASP Train 630 Asset Seizure Fund 631 Asset Seizure Fund (Drug/Alcohol) 633 H & S Education 11489(B)(2)(A1) 634 Federal Asset Seizure Grants 635 SUP Law Enforcement Service Fund 636 CBTHP Officer 637 Local Law Enforcement Block Grant 638 Asset Forfeiture 11470.2 H & S 639 Special Revenue - Police 640 Parking District Fund $541.90 670 Federal American Rescue Fund 691 Museum Fund 695 Transfer Station Fund 696 Solid Waste Mitigation Fund PAYROLL CHECK NUMBERS: 515188-515276 TOTAL DEMAND PAYMENTS- A/P CHECKS $12,114,605.00 DIRECT DEPOSIT NUMBERS: 126446-126775 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 2/18-3/2/24 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,349,933.97 PAYROLL CHECK NUMBERS: 515277-515345 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$754,559.86 DIRECT DEPOSIT NUMBERS: 126776-127101 * vendor name( if applicable) PAYROLL PERIOD: 3/3/24-3/16/24 PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: TOTAL PAYMENTS $14,219,098.83 3057016 WIRE TRANSFER NUMBERS: 111,112,113,114 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on ____________________. City Clerk APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. ____________________________________________________________________________________________ City Manager Director of Finance MANUAL CHECK NUMBERS: CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MARCH Page 15 of 236 Account Code Summary Attachment 2 10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK 10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT 10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE 10020216 COPS GRANT 20013220 PAYROLL 10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING 10020218 POLICE CSO 20013401 BUDGET MANAGEMENT 10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY 10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES 10022100 PARKS 20023510 HOUSING GRANTS 10022300 AQUATICS 20023520 NON-HOUSING GRANTS 10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND 10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND 10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT 10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND 10022831 YOUTH BASKETBALL 20324100 GARAGE 10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE 10022840 DAY CAMP 20400000 PURCHASING FUND 10022850 CLASSES & CLINICS 20413500 PURCHASING 10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING 10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER 10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH 10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND 10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE 10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND 10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND 12000000 STREET REHABILITATION 25100000 SPECIAL PROJECTS RESERVE FUND 12024200 PUBLIC WORKS ENGINEERING 25200000 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25224220 STREETS/ROW IMPROVEMENT FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25300000 PROP 172 FUND 20000000 CITY ADMINISTRATIVE SERVICES 25321210 CITY FIRE 20010000 CITY COUNCIL 30000000 PARK DEVELOPMENT FEES FUND 20012100 CITY MANAGER 30022200 PARK DEVELOPMENT 20012200 ADMINISTRATIVE SUPPORT 30100000 ANTON STADIUM FUND Page 16 of 236 Account Code Summary Attachment 2 30200000 OBSERVATORY PARK FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30300000 PLAYGROUND & PARK AMENITIES FU 63520210 SLESF 30322230 PLAYGROUND AND PARK AMENITIES 63600000 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63620210 CBTHP OFFICER 30522250 RIVERSIDE PARK 63800000 ASSET FORFEITURE 11470.2 H&S F 30600000 SKATE PARK FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30700000 SOFTBALL COMPLEX FUND 63900000 SPECIAL REVENUE POLICE 31100000 ARRC GENERAL OPERATING FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 31122000 ARRC 64012600 ECONOMIC DEVELOPMENT 31200000 DOWNTOWN BUSINESS IMPROVEMENT 64020213 POLICE PARKING ENFORCEMENT 31212600 ECONOMIC DEVELOPMENT 67000000 FEDERAL AMERICAN RESCUE FUNDS 31300000 LMIHF HOUSING ASSET FUND 69500000 TRANSFER STATION 31323400 HOUSING 69624000 SOLID WASTE MITIGATION FUND 31323431 LMI GENERAL ADMIN 70000000 SANITARY DISPOSAL SITE FUND 31500000 ADVANCED PLANNING FUND 70024500 LANDFILL 700 31523100 COMMUNITY PLANNING 70124500 LANDFILL CORRECTIVE 31600000 SPECIAL RECREATION EVENTS 70200000 DISPOSAL CLOSURE RESERVE FUND 31622861 SPECIAL RECREATION EVENTS 70224500 LANDFILL CLOSURE 50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND 50824210 SB325 ENGINEERING 72022400 GOLF 50900000 S.T.P.73000000 CONFERENCE CENTER FUND 50924210 STP ENGINEERING 73022600 CONFERENCE CENTER 51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND 51124210 Rail Trail 77714000 CITY ATTORNEY 60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND 61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY 61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION 61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1)80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND Page 17 of 236 Account Code Summary Attachment 2 80626450 PUBLIC BENEFITS 80700000 ELECTRIC CAP AND TRADE FUND 80800000 ELECTRIC LOW CARBON FUEL STDS 80826100 ELECTRIC LOW CARBON FUEL STDS 82000000 WATER FUND 82027110 WATER 82027111 PROD OPERATIONS & MAINTENANCE 82027114 DISTRIB OPERATIONS & MAINT 82100000 WATER CAPITAL RESERVE FUND 82200000 WATER CONNECTION FEE FUND 82227113 WATER DISTRIBUTION CAPITAL 83000000 RECYCLED WATER 83027330 RECYCLED WATER 84000000 CITY/DIST. SEWER OPERATING FUN 84027220 WASTE WATER 84027221 CITY WASTE O & M 84027225 WASTE TREATMENT O & M 84100000 SEWER BOND DEBT SERVICE FUND 84127226 WASTEWATER TREATMENT CAPITAL 84200000 RATE STABILIZATION-CITY FUND 84300000 CONNECTION FEE SEWER FUND (CAP 84400000 CITY SEWER CAPITAL PROJECTS FU 84427221 CITY WASTEWATER O&M 844 84427222 CITY WASTE CAPITAL 90000000 SPECIAL DEPOSIT TRUST FUND 91500000 UKIAH VALLEY FIRE DEPARTMENT 91521400 UVFD FIRE ADMINISTRATION 91600000 UVFD PROP 172 91621400 UVFD PROP 172 91700000 UVFD MEASURE B UNASSIGNED 91721400 UVFD FIRE 91800000 UVFD MITIGATION FEES 91821400 UVFD MITIGATION 96900000 REDEVELOPMENT OBLIGATION RETIR 96917200 SUCCESSOR AGENCY 96995669 969 - RDA OBLIGATION RETIREMEN Page 18 of 236 51211 PERS UNFUNDED LIABILITY 54101 POSTAGE 51220 INSURANCE 54102 SMALL TOOLS 51230 WORKERS COMP 54103 LAB SUPPLIES 51240 MEDICARE 54106 SPECIALTY SUPPLIES 51260 FICA 54107 EMS SUPPLIES 51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES 51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE 52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE 52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES 52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS 52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING 52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY 52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS 52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING 52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN 52180 SECURITY SERVICES 54201 PRISONER EXPENSE 52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT 52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE 52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY 52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE 52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E 52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES 52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC)56130 EXTERNAL SERVICES 52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS 52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE 52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS Object Code Summary Attachment 3 Page 19 of 236 58101 NCPA PLANT GENERATION 58102 NCPA POWER PURCHASES 58103 NCPA TRANSMISSION 58104 NCPA MANAGEMENT SERVICES 58105 NCPA THIRD PARTY SALES 58202 CHEMICALS 58401 AVIATION FUEL 58410 GARAGE LUBRICANTS & PARTS 58510 REIMBURSABLE JOBS 59100 PROPERTY TAXES PAID 59101 FEES 59102 FRANCHISE FEES 59105 CONTRIBUTIONS TO OTHER AGENCY 59106 SENIOR TRASH SUBSIDY 59108 BANK FEES 59400 OTHER EXPENSES 59500 LOANS ISSUED 59502 SCHOLARSHIPS 61200 PURCHASING ALLOCATION 61300 BILLING & COLLECTION ALLOCATIO 61410 RENT ALLOCATION 61420 BUILDING MAINTENANCE ALLOCATIO 61422 IT ALLOCATION 61430 CORP YARD ALLOCATION 61500 INSURANCE ALLOCATION 61600 GARAGE ALLOCATION 61700 DISPATCH 62100 ADMIN & OVERHEAD ALLOCATION 63000 INTERFUND SERVICES USED 70101 LOAN PAYMENTS MADE 70102 BOND INTEREST EXPENSE 70103 LOAN INTEREST 70201 LOAN PRINCIPAL PAYMENTS 70202 BOND PRINCIPAL PAYMENTS 74500 CAPITAL LEASE PRINCIPAL 74501 CAPITAL LEASE INTEREST 80100 MACHINERY & EQUIPMENT 80210 LAND ACQUISITION 80220 BUILDING IMPROVEMENTS 80230 INFRASTRUCTURE 90100 LOAN PROCEEDS 90101 LOAN PAYMENT RECEIVED Page 20 of 236 Attachment 4 Page 21 of 236 Page 22 of 236 Page 23 of 236 Page 24 of 236 Page 25 of 236 Page 26 of 236 Page 27 of 236 Page 28 of 236 Page 29 of 236 Page 30 of 236 Page 31 of 236 Page 32 of 236 Page 33 of 236 Page 34 of 236 Page 35 of 236 Page 36 of 236 Page 37 of 236 Page 38 of 236 Page 39 of 236 Page 40 of 236 Page 41 of 236 Page 42 of 236 Page 43 of 236 Page 44 of 236 Page 45 of 236 Page 46 of 236 Page 47 of 236 Page 48 of 236 Page 49 of 236 Page 50 of 236 Page 51 of 236 Page 52 of 236 Page 53 of 236 Page 54 of 236 Page 55 of 236 Page 56 of 236 Page 57 of 236 Page 58 of 236 Page 59 of 236 Page 60 of 236 Page 61 of 236 Page 62 of 236 Page 63 of 236 Page 64 of 236 Page 65 of 236 Page 66 of 236 Page 67 of 236 Page 68 of 236 Page 69 of 236 Page 70 of 236 Page 71 of 236 Page 72 of 236 Page 73 of 236 Page 74 of 236 Page 75 of 236 Page 76 of 236 Page 77 of 236 Page 78 of 236 Page 79 of 236 Page 80 of 236 Page 81 of 236 Page 82 of 236 Page 83 of 236 Page 84 of 236 Page 85 of 236 Page 86 of 236 Page 1 of 3 Agenda Item No: 8.b. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-1613 AGENDA SUMMARY REPORT SUBJECT: Approval of the Re-appropriation of Certain Series 2022 Lease Revenue Bonds (Capital Projects) and Grant Funds In Support of the Urban Core Rehabilitation and Transportation Project. DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager ATTACHMENTS: 1. ASR - awarding contract 2. Supplemental Memo - Agenda Item 13b Summary: Council will consider approving the re-appropriation of certain Series 2022 Lease Revenue Bonds (Capital Projects) in support of the Urban Core Rehabilitation and Transportation Project. Background: On March 6, 2024, the Council successfully concluded the procurement process by awarding the Urban Core Rehabilitation and Transportation Project (UCRTP) contract, specified as 23-07, to Ghilotti Construction. The contract, valued at $11,943,936.75, was secured alongside the necessary budget amendments. For a comprehensive understanding, please refer to Attachment 1 for the staff report and Attachment 2 for a supplemental memo. The financial framework for the UCRTP is multifaceted, incorporating funding from various sources: 43.3% is covered by the Caltrans Local Partnership Program Grant, while the remainder is financed through Series 2022 Lease Revenue Bonds and Highway Users Tax Account (HUTA) funds. Notably, the strategic use of proceeds from the Series 2022 Lease Revenue Bonds was instrumental in enhancing the City's grant application to the Caltrans Local Partnership Program. This innovative approach not only leveraged the City's financial assets to secure additional funding but also brought in significantly more resources for street and infrastructure improvement, demonstrating the City's commitment to maximizing resources for the benefit of the community by way of the UCRTP. Discussion: In the original 2022 bond issuance, the allocation of funds for the proposed projects was organized into three distinct categories: Streets, Water, and Sewer. Below is a summary of the initial fund allocation: Fund Code Project Type Allocated Amount ($) 252 Street Projects 15,924,627.67 821 Water Projects 5,076,944.44 844 Sewer Projects 4,248,055.56 Total 25,249,627.67 However, the actual allocation of the bond funds has deviated from the original budget based on available grant funding and variations in the scope of the various projects. As a result of a further analysis of both the allocation of grant funds and the remaining bond funds, staff is requesting both a revision to the original budget amendment request for the LPP grant match (a copy of which is provided in Attachment 2), and a re- Page 87 of 236 Page 2 of 3 appropriation of the bond funds. The following is the budget amendment revision requested for the distribution of the LPP grant match which moves the grant reimbursement directly to Fund 252: Account Code Original Approved Budget Amendment Request Requested Budget Amendment Request Revision 25224220.43173.18435 $(3,055,946.12) $(5,557,513.77) 82127113.43173.18435 $(1,169,704.60) $0 84427221.43173.18435 $(1,331,863.05) $0 The following is the new budget amendment request to redistribute bond funding to cover budgetary shortfall within fund 844: Transfer From Transfer To Amount ($) 252 (Streets) 844 (Sewer) 1,681,371.69 821 (Water) 844 (Sewer) 619,537.89 The principal portion transferred will reduce the total outstanding principal in the water fund and increase it in the sewer fund. Debt service from each will be adjusted accordingly by the same proportionate share for the remaining debt service beginning fiscal year 2024-25. In other words, the current percent share of water and sewer debt service on these bonds is 54/46 respectively. After this transfer, the share will shift to 47/53. Due to the differences in debt service structures between the streets and utilities bonds, the amount transferred from 252 to sewer (fund 844) will be treated as an interfund loan, payable to the general fund, which services the streets portion of the debt. The terms of the payment from sewer to the general fund will be in proportion to the amount of the principal transferred relative to the total remaining principal of the streets bonds ($12,770,000). In other words, this interfund loan represents approximately 13.2% of the total remaining principal left to pay on the streets bonds, so the sewer fund will pay 13.2% of the remaining streets debt service to the general fund, beginning the 2024-25 fiscal year until final maturity in 2032. These adjustments will support the Urban Core Rehabilitation and Transportation Project. The bond funding has also supported several vital projects, either wholly or partially, including: • Clara Avenue Reconstruction Project • Dora Overlay - Upper Luce to Mill • Dora Street Utility Project • East Perkins Widening (Engineering phase for what is now known as the Urban Core Project) • Main Street Utilities Improvements (Engineering phase for what is now known as the Urban Core Project) • Recycled Water Phase 4 • State and Dora Rehabilitation Project • Streetscape Phase 2 • Talmage Road Rehabilitation Project (in design phase) Page 88 of 236 Page 3 of 3 The strategic use of bond funding has effectively supported the City's objective of completing significant projects, thereby enhancing the utilization of City resources. The bonds were issued originally as a general fund obligation with portions assigned to water and sewer projects. Re-appropriation is permitted under the terms of the bond indenture and related covenants. Recommended Action: Approve the re-appropriation of certain Series 2022 Lease Revenue Bonds (Capital Projects) and grant funds in support of the Urban Core Rehabilitation and Transportation Project. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Series 2022 Lease Revenue Bonds PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Daniel Buffalo, Director of Finance DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 89 of 236 Page 1 of 2 Agenda Item No: 13.b. MEETING DATE/TIME: 3/6/2024 ITEM NO: 2024-1561 AGENDA SUMMARY REPORT SUBJECT: Consideration of Award of Bid for the Urban Core Rehabilitation and Transportation Project (UCRTP), Specification 23-07 to Ghilotti Construction Company Inc. in the Amount of $11,943,936.75, and Approval of Corresponding Budget Amendments. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, City Engineer/Director of Public Works ATTACHMENTS: 1.Plans 2.Bid Results - Spec 23-07 3.Ghilotti Bid 4.13b Supplemental Memo - Mary Horger (posted 3-6-24) Summary: Council will consider awarding a contract for the Urban Core Rehabilitation and Transportation Project (UCRTP), Specification 23-07, and consider approval of corresponding budget amendments. Background: The City approved the plans, specifications and estimate for the Urban Core Rehabilitation and Transportation Project (UCRTP), Specification 23-07 on November 11, 2023. See Attachment 1. Prior to approval of these plans, Staff worked with the Complete Street ad-hoc to implement complete street standards into this project. This project is partially grant funded; 42.3% of the projected costs will be reimbursed through a grant awarded by Caltrans and the remaining 57.7% will be paid via Lease Revenue Bonds. The engineer's estimate for the project is $14,384,000. This project will consist of utility replacement, storm drain enhancement, pedestrian improvements and streetscape features on Perkins, Main and Gobbi Streets. Discussion: The City received three (3) construction bids for this project. See Attachment 2 for a copy of the bid tabulation. Ghilitto Construction Company Inc. was the lowest responsible bidder with a bid amount of $11,943,936.75. A copy of Ghilotti Construction Inc.'s bid is provided here in Attachment 3. A budget amount of $13,138,330.43 is requested. This will cover 10% contingency for the project. Additional details regarding budget distribution will be provided at time of recommendation of award. With the project coming well under the engineer's estimate, Staff is exploring the opportunity of improving adjacent corridors, like Clay Street into the new courthouse development site and Hospital Drive. Staff will work with the Complete Streets Ad-hoc on this opportunity. Recommended Action: Award bid for the Urban Core Rehabilitation and Transportation Project (UCRTP), Specification 23-07, and approve of corresponding budget amendments. BUDGET AMENDMENT REQUIRED: YES CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: $13,138,330.43 FINANCING SOURCE: LEASE REVENUE BONDS AND CALTRANS LOCAL PARTNERSHIP PROGRAM PREVIOUS CONTRACT/PURCHASE ORDER NO.: ATTACHMENT 1 Page 90 of 236 Page 2 of 2 COORDINATED WITH: May Horger, Financial Services Manager, Myles Fisette, Purchasing Supervisor, Andrew Stricklin, Senior Engineer and Tim Eriksen, City Engineer/Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles. 1c – Install energy-efficient outdoor lighting. GENERAL PLAN ELEMENTS (GP):GP-A4 - Public Facilities, Services, and Infrastructure Element, GP-A3 - Mobility Element Page 91 of 236 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707) 463-6233 · Fax: (707) 313-3621 · www.cityofukiah.com MEMORANDUM Date: March 6, 2024 To: Honorable Mayor and Council Members From: Mary Horger, Financial Services Manager Re: Supplemental Information for Agenda Item No. 13b Below is the financial breakdown for the funding of the Urban Core Rehabilitation and Transportation Project subject to Council’s approval in the recommended action to approve corresponding budget amendments. Funding for the project will be a combination of the Caltrans Local Partnership Program Grant (43.3%) with the balance of it being funded by the Series 2022 Lease Revenue Bonds, as well as HUTA funds. ATTACHMENT 2 Page 92 of 236 Page 1 of 2 Agenda Item No: 8.c. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-88 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Negotiate and Execute a Parking License Agreement with Redwood Family Dermatology Medical Associates. DEPARTMENT: City Manager / Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Traci Boyl, Sr. Management Analyst to the City Manager's Office ATTACHMENTS: 1. Exhibit A 2. Redwood Family Dermatology Medical Group License Agreement Summary: The City Council will consider authorizing the City Manager to negotiate and execute a license agreement with Redwood Family Dermatology Medical Associates for the use of twelve (12) parking spaces located in the southwest corner of the Civic Center Parking Lot in Ukiah, CA, 95482, and adjacent to Redwood Family Dermatology Medical Associates office building on Dora Street. Background: Historically, the Council has authorized parking license agreements with local businesses when there is mutual benefit to the licensor and licensee, and those agreements do not incur associated expenses. The City had such an agreement with Dr. Mason, the previous owner of 555 South Dora, for parking spaces located in the southwest corner of the Civic Center Parking Lot in Ukiah, CA 95482. These spaces are adjacent to the current location of Redwood Family Dermatology Medical Associates's office building and are identified in Exhibit A (Attachment 1) to the proposed Parking License Agreement. The agreement with Dr. Mason ended in 2009 when the business was sold. However, unaware of the previous agreement, Redwood Family Dermatology Medical Associates began using the parking spaces identified in Exhibit A and has used the area for their staff and patients since then. The City recently conducted an internal audit of parking space licenses and determined there wasn't an active agreement for the use of parking space identified in Exhibit A. Therefore, the City contacted Redwood Family Dermatology to determine if there was interest in developing an agreement for continued use of that parking space. Redwood Family Dermatology Medical Associates indicated that they wished to formalize an agreement for the use of the space. Discussion: Staff prepared a draft Parking License Agreement (Attachment 2) in which Redwood Family Dermatology Medical Associates (Licensee) agrees to pay fees to the City which are consistent with the City's Parking District Fees of $75.00 per space per quarter for a total of $3,600.00 annually. The licensee further agrees to pay on a month-to-month basis for an initial term of two years, with the possibility of extending the term for up to two successive two-year terms upon mutual agreement of both parties. There are no associated expenses with this license, and a small revenue stream will be recognized for the City. Additionally, the licensee will maintain the property free from brush, grass, and trash. Therefore, Staff recommends the City Council authorize the City Manager to negotiate and execute a Parking License Agreement with Redwood Family Dermatology Medical Associates for the use of twelve (12) parking spaces, or approximately 1,944 square feet, located in the southwest corner of the Civic Center Parking Lot in Ukiah, CA, 95482. Page 93 of 236 Page 2 of 2 Recommended Action: Authorize the City Manager to negotiate and execute a Parking License Agreement with Redwood Family Dermatology Medical Associates. 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: Maya Simerson, Project and Grant Administrator, and Darcy Vaughn, City Attorney's Office DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 94 of 236 Redwood Dermatology City Access Road - Keep Clear Parking Agreement - 3 spaces here Parking Agreement - 9 spaces here Attachment 1 N Exhibit A ATTACHMENT 1 Page 95 of 236 LICENSE AGREEMENT This License Agreement (“Agreement”) by and between the City of Ukiah (herein referred to as “Licensor”) and Redwood Family Dermatology Medical Associates (a California corporation); (herein referred to as “Licensee”) together known as the “Parties”. In consideration of the mutual promises contained in this Agreement, the Parties agree as follows: 1.GRANT OF LICENSE; DESCRIPTION OF PROPERTY Licensor grants to Licensee a license to utilize property of the Licensor, as depicted in Exhibit “A”, attached hereto (“Premises”), located in the southwest corner of the Civic Center Parking Lot in Ukiah, CA 95482, adjacent to Redwood Family Dermatology Medical Associates on Dora Street. The Premises consists of twelve (12) parking spaces, totaling approximately 1,944 square feet. As indicated in Exhibit A, the Premises excludes the large oak tree located in the Civic Center Parking Lot. 2.USE OF PROPERTY; TERM The above described Property may be entered upon and maintained by Licensee solely during the period beginning April 17, 2024 (the Effective Date) and continuing on a month-to-month basis for a term of two (2) years, unless sooner terminated as provided herein (“Initial Term”). After the Initial Term, the Parties may agree to extend the term of the Agreement for up to two (2) successive two (2) year renewal terms, on the same terms and conditions, including Use Fee adjustments, as set forth in this Agreement. Either party shall have the right to terminate this Agreement at any time by giving sixty (60) days prior written notice to the other party. 3.CONSIDERATION As consideration for this Agreement, Licensee agrees to pay Licensor a Use Fee of: $75.00 per space per quarter, for a total of $300.00 annually per parking space, or $3,600.00 per year for the entire Premises. During the term of this Agreement, payments of $300.00 per month will be payable on the Effective Date and then on a monthly basis. The Use Fee shall be due by the fifth day of each month and shall be considered delinquent, if not received by the Licensor by the tenth day of the month. Licensee shall pay Licensor interest on the delinquent Use Fee at the rate of 1.5% per month. The full monthly interest shall be due on the first day of each thirty-day period after the Use Fee is delinquent. The Use Fee is linked to the City’s parking district charges and will be adjusted accordingly to any changes at the beginning of a monthly period. 4.USE AND IMPROVEMENTS ATTACHMENT 2 Page 96 of 236 Licensee shall have the right to use the Premises solely for vehicle parking related to the Licensee’s business, including for Licensee’s employees and members of the public. The Premises shall not be used for overnight or weekend parking. Licensee shall not sublicense parking spaces on the Premises. The Premises shall not be used for storage of materials or supplies, or for any purposes not related to vehicle parking. Weeds, brush, grass or improvements, trash receptacles, and other modifications to the Premises shall be the sole responsibility of Licensee. Licensee will abate and remove weeds and other hazardous vegetation and combustible materials on the Premises so as to remove the potential for fires. Licensee will make all reasonable efforts and take all reasonable precautions to maintain the Premises in such a way that is safe and free from unreasonable hazards likely to cause injury to persons who use the Premises. Licensee shall assume full responsibility for the proper use and supervision of the Premises. Any Licensee improvements must obtain any required permits from the local jurisdiction and approval from Licensor. 5. INDEMNIFICATION Licensor and shall not be liable for and are free from the cost of any damages for personal injury or property damage resulting from the use made by Licensee of the Premises, and any defective condition of faulty construction of any improvements arising thereafter, and Licensee covenants and agrees to indemnify and save harmless said Licensor, as well as their officers, agents and employees, from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fees in account of or arising out of any such injuries or losses. Licensee shall provide Licensor with a Certificate of Liability naming the City of Ukiah as Additionally Insured for the following categories and in the following amounts: a. Workmans Compensation $500,000.00 each employee/accident b. Liability Insurance $500,000.00 each accident $1,000,000.00 policy limit c. Vehicle Insurance $1,000.000.00 combined single limit d. Commercial General Liability $1,000,000.00 per occurrence $2,000,000.00 general aggregate 6. ASSIGNMENT Licensee will not assign this license or any interest therein and will not let or underlet the said Premises or any part thereof without the prior written consent of the Licensor. 7. ATTORNEY'S FEES In any legal action to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable costs and attorney's fees. Page 97 of 236 8. NOTICES Any written notice or payment required hereby shall be deemed given upon acknowledgement of receipt, including by email, or forty-eight hours after such notice is deposited in the United States mail, first class postage prepaid and addressed as follows: Payments To Licensor: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attn: City Manager Notices To Licensor: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attn: City Manager cityclerk@cityofukiah.com To Licensee: Redwood Family Dermatology Medical Associates 555 S Dora St, Ukiah, CA 95482 Ukiah, CA 95482 Attn: Tracy Callister tcallister@redwoodfamilyderm.com 9. PARAGRAPH HEADINGS Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Agreement. 10. PREVIOUS AGREEMENTS Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter are hereby cancelled and superseded by the terms of this Agreement, and such prior agreements, statements or understandings shall have no further force or effect. This license agreement is effective on the latest date signed as stated below. Page 98 of 236 Licensor: Sign: _________________________________________ Print: ________________________________________ Title:_________________________________________ Date:_________________________________________ Licensee: Sign: _________________________________________ Print:_________________________________________ Title: _________________________________________ Date: ________________________________________ Page 99 of 236 Page 1 of 3 Agenda Item No: 8.d. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-87 AGENDA SUMMARY REPORT SUBJECT: Receive Report Regarding the Annual Review of Shopping Cart Containment and Retrieval Policies. DEPARTMENT: Community Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Jesse Davis, Chief Planning Manager. ATTACHMENTS: 1. 1222 - Shopping Cart Regulations 2. 8d Post Meeting Staff Correspondence Received - Jesse Davis, Chief Planning Manager Summary: The City Council will receive a report regarding the effectiveness of the City's shopping cart containment and retrieval ordinance. Background: On April 4, 2018, the Ukiah City Council adopted Ordinance No. 1187, adding Article 8 to Chapter 2, Division 2 and Article 11 to Chapter 1, Division 7 to the Ukiah City Code (UCC) to regulate shopping cart containment and retrieval. It was subsequently amended through Ordinance No. 1191 on December 5, 2018. As noted below, Ordinance No. 1187 required significant Staff time to regulate and was difficult to effectively enforce. This was due to the number of shopping cart purveyors and the volume of carts, limited penalties for non-compliance, lack of coordination with commercial entities in unincorporated Mendocino County, as well as regular turnover of retail management. Within the City of Ukiah, there are approximately 26 commercial entities that utilize shopping carts. Summary of Past Reports As of January 1, 2019, 14 businesses (70%) were in compliance with the requirements of Ordinance 1191. The remaining businesses were referred to the City Attorney's Office for code enforcement or associated legal proceedings. Initially, the ordinance was effective in reducing the number of abandoned carts during the first year of implementation (2019), and notably reduced cart retrieval pressures on the Ukiah Police Department (UPD). Enforcement and administrative responsibilities, however, increased for other City Departments. On September 21, 2021, only 7 businesses were fully compliant with the requirements of Ordinance 1191. As additional shopping cart purveyors were identified, the compliance rate dropped to below 30%. During development of the Ordinance, it was believed that the mandated biennial renewal process would be relatively straightforward and involve little effort by the affected businesses or City Staff. In 2020, Planning Division Staff approached renewal efforts from this standpoint, sending courtesy letters to each business and making at least one (1) follow-up call to each business that had not yet renewed their plan. While Staff received responses from the majority of businesses, these renewal efforts required substantial time by Planning Division Staff and the City Attorney's Office. Given the number of abandoned shopping carts accumulated at that time, it was unclear if these renewal efforts and broad regulations were still effective. In 2021-2022, the City's Corporation Yard stored approximately 146 carts, creating a significant administrative burden, as well as space constraints and safety concerns. During COVID, the rate of retrieval by retailers dropped precipitously. Due to retail staffing constraints during the pandemic, the need to clean carts prior to returning them to service and the difficulty of off-site retrieval, the number of carts accumulating at the City's Page 100 of 236 Page 2 of 3 Corporation Yard increased to an unmanageable level, prompting the evaluation of City policy and the adoption of Ordinance No. 1222. At that time, the City was relatively restricted from disposing of abandoned carts, even if efforts to return them were unsuccessful. In 2022, the City Council adopted Ordinance No.1222 (Attachment 1), which streamlined the City's approach to shopping cart enforcement, similar to the City of Eureka, which passed an updated shopping cart retrieval ordinance in late 2021. Current regulations allow the City of Ukiah Staff to collect and more promptly dispose of abandoned carts found on public property. Carts retrieved by City Staff can be taken directly to the dump for recycling and disposal along with other waste or debris, if attempts to return the cart are unsuccessful. It also eliminated the need for retailers to develop retention plans that required review and approval by the City's Community Development Department. That being said, across City Departments, Staff consider the proximity of an abandoned cart to its original lot when determining whether to return the cart to the associated store, transfer it to the Corporation Yard, or dispose/recycle it. Discussion: Since the adoption of Ordinance No. 1222, the City’s ability to address abandoned shopping carts has been streamlined, and administrative burdens reduced, especially for the Planning Services Division and the Streets Maintenance Division. This means that the cost of collecting and regulating shopping carts for the City of Ukiah has also been reduced. The City is no longer in the position of policing retailers' cart retention efforts, tagging and storing carts, sending notices and coordinating retrievals. Instead, the City actively addresses the blight of abandoned carts in the most efficient way possible through the combined efforts of the City's Code Enforcement Division (Community Development), Streets Maintenance Division (Public Works), Parks (Community Services) and the Ukiah Police Department. Notably, a handful of public citizens and for- profit businesses also collect abandoned shopping carts for return to their original lot/shopping cart purveyor. For 2023-2024, Staff note that the number of carts stored in the Corporation Yard slightly increased from the previous year, but that the number of carts remains manageable and does not impede operations. A recent inspection of the Corporation Yard on April 3, 2023, identified approximately 30 carts in storage. The carts collected are an approximately equal assortment of carts from purveyors within the City of Ukiah and unincorporated Mendocino County. There are also a handful of carts whose origin is difficult to ascertain. In 2023, citations by the Ukiah Police Department increased slightly from 2022. Per UCC §6096, the unauthorized removal, alteration, or possession of a shopping cart is considered a public nuisance and considered a citeable offense. Per UPD, the number of violations from 2020 to 2023 follows: • 2023: 56 • 2022: 55 • 2021: 9 • 2020:40 While abandoned shopping carts remain a priority for Staff, the complaints received are sporadic and promptly addressed. Additionally, when abandoned carts are collected, trends or geographic clusters are quickly identified. To address shopping cart related issues moving forward, City Staff will continue to rely upon Ordinance No. 1222, State Law (Business and Professions Code), as well as the identification of trends or patterns that necessitate more nuanced and effective enforcement, and then follow-up with the business to determine site-specific solutions. For example, in 2024, Staff identified that a cluster of carts from a single store were accumulating in the Corporation Yard. Upon closer examination, Staff worked to return carts to the purveyor, and reviewed their operational policies and improvements to reduce the number of removed carts moving forward. In this instance, the store adopted more stringent storage and usage policies (limiting carts to the interior of the store), as well as equipping them with RFID tags to restrict their removal. In general, Staff finds that due to the reduction in shopping carts stored in the Corporation Yard, sporadic complaints, and effective response protocols, the current ordinance (No. 1222) is effective. Staff recommends the Council receive this report. Page 101 of 236 Page 3 of 3 Recommended Action: Receive the annual report and update regarding shopping cart containment and retrieval policies. 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: Code Enforcement Division; Ukiah Police Department; Public Works Department DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP):Public Facilities, Services, and Infrastructure Element (Goal PFS-4) Page 102 of 236 ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 8 OF CHAPTER 2, DIVISION 2 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART CONTAINMENT, RETRIEVAL, IMPOUNDMENT, AND DISPOSAL. The City Council of the City of Ukiah ordains as follows: SECTION ONE. FINDINGS AND DECLARATION OF INTENT: The City Council of the City of Ukiah hereby finds and declares as follows: 1. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. 2_. The accumulation of wrecked, dismantled and abandoned shopping carts on public and private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. 3. The intent of this Ordinance is to ensure that measures are taken by businesses that own and use shopping carts to prevent the removal of shopping carts from store premises. 4. This Ordinance is based in part on California Business and Professions Code section 22435 and following. SECTION TWO. Article 8, entitled "Shopping Cart Containment and Retrieval" is added to Chapter 2, Division 2 of the Ukiah City Code and shall read as follows. ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL Sections: 2380 Applicability. 2381 Definitions. 2382 Prohibitions. 2383 Shopping cart identification signs. 2384 Shopping cart plan. 2385 Enforcement. 2380 Applicability. This Article applies to: A. Each business owner in the City that provides shopping carts for customer use on the business premises; and B. Any person who removes or who is in possession of or who has abandoned an off-site shopping cart. 2381 Definitions. Attachment 1 Page 103 of 236 Administrator means the Director of Planning and Community Development or his or her designee. Business owner or owner means one or more persons or any legal entity, such as, but not limited to, a corporation, limited liability company, partnership or association that owns a business that provides shopping carts for customer use on the premises. Off-site shopping cart means a shopping cart that has been removed from the premises where it belongs in violation of the requirements of this Article. Premises means the entire area owned or under the control of a business owner, including the parking area and for businesses in a shopping center or other development where common areas serve more than one business, the common area shared by the business with other businesses in the development. Shopping cart or cart means a basket or a similar device which is mounted on wheels and is generally owned and used as part of a retail establishment and used by a customer for transporting goods. 2382 Prohibitions. A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this Article for a business owner to: 1. Fail to affix an identifying sign to each shopping cart; 2. Fail to retrieve shopping carts within three (3) business days of notice from the Administrator, the Director of Public Works, or their designee; 3. Allow or authorize a shopping cart to be removed from the premises, except to allow for shopping carts to be serviced or repaired by a qualified and licensed company off-site. 4. Fail to retrieve all shopping carts on the Premises daily to ensure the carts are secured from public access after close of business hours. B. Other Prohibitions. It is unlawful and a violation of this Article for a person to: 1. Remove a shopping cart from the premises where it belongs; or 2. Possess an off-site shopping cart; or 3. Abandon an off-site shopping cart; or 4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a shopping cart. 2383 Shopping cart identification signs. Each business that furnishes carts for use shall have a sign permanently affixed to each cart in a prominent location. 2 Page 104 of 236 The sign shall include all of the following information: A. The identity of the owner of the cart or the business, or both; B. The valid address or phone number of the business for returning the cart to the owner or business; C. Notice to the public that the unauthorized removal of the cart from the premises or the unauthorized possession of the cart is a violation of state law and of the Ukiah City Code; and D. Notice to the public that there shall be no authorized removal of the cart from the premises. 2384 City retrieval of carts. A. The City may retrieve an abandoned or derelict cart from public property (or private property with the consent of the property owner) in the following circumstances: 1. Where the location of the shopping cart will impede emergency services. 2. When the City or its agent has determined the cart appears to be obviously abandoned, derelict, or possessed by a person other than the owner of the cart while offsite. B. Fees to recover costs of cart retrieval may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. 2385 Immediate impound by City of abandoned or derelict carts. Notwithstanding any other provision of this Code, the City may immediately impound and dispose of all carts determined by the City to be abandoned or derelict and located off-site. 1=ees to recover costs of cart impoundment and disposal may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. 2386 Property in abandoned or derelict carts. A. Any personal property found in a cart must be retained by the City or its agent for twenty- four (24) hours in order to determine if it is abandoned property. Trash or waste must be discarded as appropriate or required by law. B. Once a determination is made by the City or its agent, abandoned property found in a cart is subject to the property procedures set forth in Policy 802 of the Ukiah Police Department Policy Manual, as the same maybe amended from time to time. 2387 Enforcement A. Retrieval. Whenever the Administrator, the Director of Public Works, or their designee notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three (3) business days or be found in violation of this Article and subject to the enforcement procedures found in Subsection C of this Section. 3 Page 105 of 236 B. Violations. The following will be subject to any enforcement procedures permitted by law, as set forth in Subsection C of this Section: 1. An owner who violates this Article; 2. A person who removes or possesses or abandons a shopping cart off-site; 3. A person who alters, converts, or tampers with a shopping cart; or 4. An owner of real property who allows off-site carts to remain on his, her or its real property. C. The enforcement procedures permitted by law for violations of this Article include: 1. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2 or 22435.3 or Section 6098 of this Code. 2. Imposition of a fine not exceeding (1) one thousand dollars ($1000.00) for a first violation, (2) two thousand dollars ($2000,00) for a second violation within the same year, and (3) ten thousand dollars ($10,000.00) for each additional violation within the same year. 3. Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and 3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other applicable administrative penalties contained in the Ukiah City Code. 4. Civil action for enforcement, including to abate a public nuisance by injunction, the City Council declaring that a violation of this Article constitutes a public nuisance. 5. Failure to pay a fine imposed pursuant to this Subsection within thirty (30) days may result in proceedings for revocation of a business license or site development permit, if applicable. These enforcement procedures and penalties are cumulative with each other and any other remedy available at law or in equity, and are not mutually exclusive. Any one or more of them may apply and be used or charged in response to a single violation of this Article. SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more 4 Page 106 of 236 other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on March 16, 2022, by the following roll call vote: AYES: Councilmembers Orozco, Rodin, DuefSas, and Mayor Brown NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on April 6, 2022 by the following roll call vote: AYES: Councilmembers Orozco, Crane, Rodin, Duehas, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None O. Brown, Mayor TTEST: Kristine Lawler, City Clerk 5 Page 107 of 236 1 Kristine Lawler Subject:8d Staff Correspondence Received - Jesse Davis, Chief Planning Manager Attachments:Kohl's Carts (03.16).jpg From: Jesse Davis <jdavis@cityofukiah.com> Sent: Thursday, April 18, 2024 3:00 PM To: Susan Sher <Ssher@cityofukiah.com> Cc: Kristine Lawler <klawler@cityofukiah.com>; Craig Schlatter <cschlatter@cityofukiah.com>; Sage Sangiacomo <ssangiacomo@cityofukiah.com> Subject: Consent Item - Staff Response 04/17/2024 - City Council Regular Hearing Hi Councilmember Sher, Again, my apologies for not being present to address your quesƟon regarding the shopping cart annual report last night. The carts menƟoned on page 2 actually belonged to Kohl’s Department Store, which recently facilitated a brand refresh with Sephora. Staff did organize a return of these carts to Kohls, and upon conducƟng a site visit with Code Enforcement determined that their current carts are stored indoors, restricted to the store itself, and are individually equipped with an RFID tag that emits a sound when leaving the store. These consideraƟons are the components/policies found in effecƟve shopping cart retrieval programs. Moving forward, a new point of contact was established for Kohl’s cart retrieval, but Staff does not expect issues to perpetuate. Otherwise, the carts collected appear to be from a variety of stores. Besides Kohls, no store exceeded more than 5 carts in the yard as of 03/16/24. From conversaƟons with Public Works, the numbers have remained manageable since implementaƟon of Ordinance 1222, and Planning staff conducts a check-in about every 3 months, unless a paƩern or spike emerges. Should you have any further quesƟons, please do not hesitate to contact myself or the Community Development Director. Best Regards, Jesse Davis Jesse Davis, AICP Chief Planning Manager Department of Community Development 300 Seminary Avenue, Ukiah, CA 95482 P: 707.463.6207 www.cityofukiah.com/community-development Page 108 of 236 Page 109 of 236 Page 1 of 2 Agenda Item No: 8.e. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-90 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Negotiate and Execute a Lease Agreement with Mendocino County Air Quality Management District (MCAQMD) to Lease Space at the Airport. DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen, Airport Manager. ATTACHMENTS: 1. Draft Lease Agreement Summary: Council will consider authorizing the City Manager to negotiate and execute a lease agreement with Mendocino County Air Quality Management District to lease space at the airport. Background: The Mendocino County Air Quality Management District (MCAQMD) is required by the Environmental Protection Agency (EPA) to operate an ozone monitoring trailer to track ozone levels in the Mendocino County area. Finding a suitable location for this critical equipment is essential to ensure ongoing compliance with air quality monitoring regulations. Discussion: City Staff collaborated with representatives from the MCAQMD to identify potential locations for the ozone monitoring trailer. The Ukiah Airport emerged as a promising candidate due to its open space and potential for minimal footprint. Following the initial discussions, the EPA was contacted to conduct a site survey at the Ukiah Airport. This survey assessed the suitability of the location based on EPA regulations governing the placement of air quality monitoring equipment. The EPA representative found the designated area at the Ukiah Airport to be a highly suitable location for the ozone monitoring trailer. The site offers ample space to accommodate the trailer while adhering to EPA regulations. Importantly, the footprint of the trailer will require minimal space at the airport, ensuring minimal disruption to ongoing airport operations. Staff successfully negotiated a rental rate with the MCAQMD for the designated space at the Ukiah Airport. The proposed rate is $500 per month, with annual adjustments based on the Consumer Price Index (CPI) beginning in July 2025. This approach ensures the lease rate remains fair over time while accounting for potential inflation. Based on the successful collaboration with the MCAQMD, the minimal impact on airport operations, and the fair negotiated rental rate, Staff recommends that City Council authorize the City Manager to negotiate and execute a lease agreement (Attachment 1) with Mendocino County Air Quality Management District (MCAQMD) to lease space at the Airport for the placement of their ozone monitoring trailer at the Ukiah Airport. Recommended Action: Authorize the City Manager to Negotiate and Execute a Lease Agreement with Mendocino County Air Quality Management District to lease space at the Airport. BUDGET AMENDMENT REQUIRED: No Page 110 of 236 Page 2 of 2 CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: City Manager's Office DIVERSITY-EQUITY INITIATIVES (DEI):N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): :MOB-6.1The City shall ensure that the airport is a key part of the City's economic development. Page 111 of 236 CITY OF UKIAH AGREEMENT FOR LEASE OF AIRPORT PROPERTY ATTACHMENT 1 Page 112 of 236 -ii- Page 113 of 236 -iii- AGREEMENT FOR LEASE OF PROPERTY UKAIH REGIONAL AIRPORT TABLE OF CONTENTS LEASE SUMMARY...............................................................................................................................vi PREAMBLE...................................................................................................................................................1 ARTICLE 1 DEFINITIONS......................................................................................................................... 2 1.01 AIRPORT .............................................................................................................................................. 2 1.02 AIPRORT MANAGER……………………………………………………………………………….2 1.03 ANNIVERSARY DATE ........................................................................................................................... 2 1.04 BASE RENT .......................................................................................................................................... 2 1.05 CPI ...................................................................................................................................................... 2 1.06 CITY COUNCIL ..................................................................................................................................... 2 1.07 DOT .................................................................................................................................................... 2 1.08 FAA .................................................................................................................................................... 2 1.09 SIGN .................................................................................................................................................... 3 1.10 LEASED PREMISES ................................................................................................................................ 3 1.11 LEASE YEAR ........................................................................................................................................ 3 1.12 TRADE FIXTURES ................................................................................................................................. 3 ARTICLE 2 SPECIAL CONDITIONS ....................................................................................................... 4 2.01 TERM ................................................................................................................................................... 4 (a) Commencement ............................................................................................................................... 4 (b) Extension of Initial Term ............................................................................................................... 4 (c) Use of the Word "term" ................................................................................................................... 4 2.02 DESCRIPTION OF LEASED PREMISES ..................................................................................................... 4 2.03 USE OF THE LEASED PREMISES............................................................................................................. 5 (a) Permitted Use ................................................................................................................................. 5 (b) Limitations ...................................................................................................................................... 5 2.04 RENT ................................................................................................................................................... 6 (a) Time and Manner of Payment ......................................................................................................... 6 (b) Base Rent ........................................................................................................................................ 6 (c) CPI Rental Increases ...................................................................................................................... 6 (d) Base Rent Adjustment………………………………………………………………………………………..6 2.05 SECURITY DEPOSIT .............................................................................................................................. 7 (a) Initial Deposit ................................................................................................................................. 7 Page 114 of 236 -iv- (b) Conditions of Deposit ..................................................................................................................... 7 2.06 ADDITIONAL FEES, CHARGES AND RENTALS ....................................................................................... 7 2.07 LIQUIDATED DAMAGES FROM LATE PAYMENTS .................................................................................. 7 2.08 UTILITIES ............................................................................................................................................. 7 2.09 MAINTENANCE OF LEASED PREMISES .................................................................................................. 8 (a) Responsibility of City ...................................................................................................................... 8 (b) Responsibility of lessee ................................................................................................................... 8 2.10 IMPROVEMENTS OR ALTERATIONS ....................................................................................................... 8 (a) General ........................................................................................................................................... 8 (b) Preliminary Plans ........................................................................................................................... 8 (c) Review of and Comment on Preliminary Plans .............................................................................. 9 (d) Final Plans...................................................................................................................................... 9 (e) Approval of Final Plans .................................................................................................................. 9 (f) Modification of Final Plans ............................................................................................................ 9 (g) Notice of Completion .................................................................................................................... 10 (h) As-Constructed/Record Drawings ................................................................................................ 10 (i) Removal of Unapproved Improvements ........................................................................................ 10 2.11 INSURANCE ........................................................................................................................................ 10 2.12 TRASH AND GARDAGE……………………………………………………………………………… 11 2.13 NOTICES ............................................................................................................................................ 10 ARTICLE 3 GENERAL CONDITIONS ................................................................................................... 12 3.01 ACCEPTANCE OF LEASED PREMISES ................................................................................................... 12 3.02 ACCORD AND SATISFACTION ............................................................................................................. 12 3.03 AIRPORT REGULATIONS ..................................................................................................................... 12 3.04 AMENDMENT REQUIRED BY FAA ...................................................................................................... 12 3.05 ASSIGNMENT AND SUBLETTING ......................................................................................................... 12 (a) Assignment .................................................................................................................................... 12 (b) Subletting ...................................................................................................................................... 12 3.06 AUTHORITY OF AGREEMENT ............................................................................................................. 13 3.07 AUTHORITY OF THE AIRPORT MANAGER ........................................................................................... 13 3.08 CALIFORNIA LAW .............................................................................................................................. 13 3.09 CITY'S REMEDIES ............................................................................................................................... 13 3.10 CUMULATIVE REMEDIES .................................................................................................................... 14 3.11 DAMAGE OR DESTRUCTION OF IMPROVEMENTS ................................................................................ 14 (a) Definitions..................................................................................................................................... 15 (b) Repair Obligations and Rights of Termination ............................................................................. 15 (c) Limitation on City's Obligations ................................................................................................... 15 Page 115 of 236 -v- (d) The Payment of Rental .................................................................................................................. 16 3.12 EARLY TERMINATION BY CITY .......................................................................................................... 16 3.13 EARLY TERMINATION BY LESSEE ...................................................................................................... 16 3.14 EXECUTION BY CITY COUNCIL .......................................................................................................... 16 3.15 FORCE MAJEURE ............................................................................................................................... 17 3.16 HEADINGS ......................................................................................................................................... 17 3.17 HOLDING OVER ................................................................................................................................. 17 3.18 INDEMNIFICATION OF CITY ................................................................................................................ 17 3.19 INTERPRETATION OF AGREEMENT ..................................................................................................... 17 3.20 INVALID PROVISIONS ......................................................................................................................... 17 3.21 LICENSES AND PERMITS ..................................................................................................................... 18 3.22 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM .............................................................. 18 3.23 NEGATION OF PARTNERSHIP .............................................................................................................. 18 3.24 NET LEASE ........................................................................................................................................ 18 3.25 NOISE CONTROL ................................................................................................................................ 18 3.26 NONDISCRIMINATION ........................................................................................................................ 18 3.27 NONEXCLUSIVE RIGHTS .................................................................................................................... 19 3.28 NONWAIVER OF RIGHTS .................................................................................................................... 19 3.29 NOTICE OF CLAIMS AND SUIT ............................................................................................................ 19 3.30 NO WARRANTY RE AIRPORT ............................................................................................................. 19 3.31 NUISANCE AND WASTE...................................................................................................................... 19 3.32 PROHIBITION OF LIENS ...................................................................................................................... 20 3.33 REMOVAL OF LESSEE'S PROPERTY .................................................................................................... 20 3.34 REPORTS ............................................................................................................................................ 20 3.35 RESTRICTIONS AND REGULATIONS .................................................................................................... 20 3.36 RIGHT OF ENTRY ............................................................................................................................... 20 3.37 RISK REDUCTION ............................................................................................................................... 20 3.38 SIGNS ................................................................................................................................................. 20 3.39 SUBORDINATION ................................................................................................................................ 21 3.40 SUCCESSORS AND ASSIGNS ................................................................................................................ 21 3.41 SURRENDER OF LEASED PREMISES .................................................................................................... 21 3.42 TAXES ................................................................................................................................................ 21 3.43 TIME OF THE ESSENCE ....................................................................................................................... 21 3.44 VEHICULAR AND EQUIPMENT PARKING ............................................................................................. 23 3.45 ENTIRE AGREEMENT………………………………………………………………………………..23 3.46 EXECUTION OF AGREEMENT .............................................................................................................. 22 Page 116 of 236 -vi- EXHIBITS: A. Leased Premises ( Airport Ukiah, CA 95482) B. Insurance Requirements C. FAA Assurances Page 117 of 236 -vii- UKIAH REGIONAL AIRPORT Lease Summary Type of Agreement LEASE OF GROUND AT UKIAH AIRPORT Lessor City of Ukiah Lessee Mendocino County Air Quality Management District Representative Efraim Lopez Phone 707-463-4354 Notice Address Lessee Lessor Mendocino County AQMD City of Ukiah 1403 South State St Ukiah, CA 95482 Ukiah, CA 95482 Initial Term 5 years commencing on Effective Date of Agreement Termination The last day of the 60 full calendar months following the Effective Date Leased Premises 10’ x 30’ parking Rent lease Year 1: $500.00 per month rent Rent Increases CPI adjustments annually July 1. (Reference 2.04 (c)) Security Deposit None Utilities Lessee Responsibility. (Reference Section 2.08) Maintenance All performed by lessee. (Reference Section 2.09) Other Fees Reference Sections 2.04 - 2.09, 2.12, 3.05, 3.11, 3.13, 3.14, 3.20, 3.22, 3.27, Authorized Use(s) Ozone Trailer Parking Minimum Insurance Per Exhibit B, summarized as: General Aggregate: $2,000,000 Products Comp/Op Aggregate: $1,000,000 Personal & Adv. Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Damage: $ 1,000,000 Automobile Liability: $1,000,000 Workers’ Compensation: Statutory Employer’s Liability: $1,000,000 per accident for bodily injury or disease Note: This Lease Summary is presented as a reference of the Lease information at the time of execution. If there is a discrepancy between the information contained in this Lease Summary and the requirements contained in the remainder of this Lease, the requirements as stated in the remainder of this Lease will be applied. Page 118 of 236 -viii- Page 119 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 1 of 25 DRAFT AGREEMENT FOR LEASE OF PROPERTY UKIAH REGIONAL AIRPORT THIS AGREEMENT is entered on ***********(“Effective Date”), by the CITY OF UKIAH, a general law Regional corporation, hereafter “City,” and the Mendocino County Air Quality Management District, organized under and in compliance with California Health and Safety Code Section 40000 et seq., hereafter “Lessee.” RECITALS: 1. City operates and maintains the Ukiah Regional Airport, (hereafter “Airport”), located in the City of Ukiah, California, and has the right to lease portions of such Airport, subject to the terms and conditions hereafter set forth. 2. Lessee is an air quality management district which engages in air quality monitoring, regulation and enforcement. 3. Lessee desires to lease Airport property from the City for use in conducting Lessee’s operations at the Airport. 4. City is willing to lease property to Lessee on the terms and conditions set forth in this Lease. AGREEMENT: City and Lessee hereby agree as follows. Page 120 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 2 of 25 DRAFT Article 1 Definitions As used herein, the following words and phrases shall have the meanings set forth below: 1.01 Airport "Airport" means the Ukiah Regional Airport operated by the City as a public airport. 1.02 Airport Manager “Airport Manager” means the City employee who manages the day-to-day operation of the Airport and who has the authority and responsibilities contained in Division 6, Chapter 1, Article 1 of the Ukiah City Code, commencing with Section 5000. Whenever in this agreement reference is made to the Airport Manager, that reference may include any other officer or employee of the City, including the City Council or the City Manager, if the approval of that other officer or employee is required by the laws and rules applicable to the City. 1.02 Anniversary Date "Anniversary Date" means the day and month of the Effective Date in each year following the year, when this lease was first entered by the parties. 1.03 Base Rent "Base Rent" means rent specified in Section 2.04(b) of this Lease. 1.04 CPI "CPI" means the Consumer Price Index published by the United States farm of Labor Statistics, for all commodities for all urban consumers in the All U.S. Cities Average Index (index base 1982-84=100). 1.05 City Council “City Council” means the legislative body of the City as established in Title 4, Division 3, Part 2 of the California Government Code, with the authority to lease City property, including property at the Airport. 1.06 DOT "DOT" means the United States Department of Transportation, and any federal agency succeeding to its jurisdiction. 1.07 FAA "FAA" means the Federal Aviation Administration of the United States government, and any federal agency succeeding to its jurisdiction. Page 121 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 3 of 25 DRAFT 1.08 Sign "Sign" shall have the meaning set forth in Section 3.4. 1.09 Leased Premises "Leased Premises" means those certain premises leased to Lessee pursuant to this Lease, which premises is more particularly described by Section 2.02 and the attached Exhibit A. 1.10 Lease Year "Lease Year" means a period of twelve (12) consecutive calendar months, starting on the Effective Date ******** (“Commencement Date”) and ending ******** 1.11 Trade Fixtures/ Lessee’s Fixtures "Trade fixtures" shall mean, but shall not be limited to: any signs (electrical or otherwise) used to identify Lessee's business; all machinery and equipment used in connection with Lessee's required or permitted activities pursuant to this Agreement, whether or not such machinery or equipment is bolted or otherwise attached to the Leased Premises; and all other miscellaneous office equipment, furnishings, and personal property of the Lessee. Page 122 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 4 of 25 DRAFT Article 2 Special Conditions 2.01 Term (a) Commencement The term of this Agreement shall be for 5 Lease Years, commencing on the Commencement Date and terminating on ***************** ("Initial Term"). (b) Extension of Initial Term Lessee may request an extension of the Initial Lease Term and the parties shall negotiate an Extended Term in good faith. Any Extended Term must be evidenced by a written amendment of this Lease approved by each party and signed by their authorized representatives. If the City requires Lessee to move to a new location at the end of the initial term of this lease, Lessee may request a rental credit to offset the cost of the move to a new location. (c) Use of the Word "term" Whenever the word "term" is used hereafter in this Agreement it shall mean the Initial Term and include any Extended Terms to which the parties have agreed. (d) Early Termination Lessee may terminate said lease within the term of this lease and be subject to a early termination fee of equal to three months fees without cause. 2.02 Description of Leased Premises City hereby Leases to Lessee the following premises at Airport more particularly described below and shown on Exhibit A, attached hereto and incorporated herein by this reference: (a) Lessee accepts the Leased Premises as specified herein and such area shall not be subject to recalculation. Except as provided herein, all premises are leased in their “as is” condition and without any expressed or implied representations or warranties of any kind whatsoever. Page 123 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 5 of 25 DRAFT 2.03 Use of the Leased Premises (a) Permitted Use Subject to the limitations set forth in Section 2.03(b), and elsewhere in this Agreement, Lessee may use the Leased Premises for any or all of the following purposes, but for no other purposes: City authorizes Lessee to use the assigned space for 24 hour per day Lessee, its employees, agents, guests, invitees, suppliers of material and furnishers of services shall have full rights of ingress and egress with respect to the following areas: 1) common use areas of the Airport; 2) the Leased Premises. Lessee's use of the Leased Premises shall be in accordance with the laws of the federal government and State of California, the ordinances, rules and regulations of the City of Ukiah, the regulations of the FAA, the DOT, and the applicable requirements of any other governmental agency with jurisdiction over the Airport or Lessee’s operations at the Airport. Lessee shall not engage in any operations at Airport prior to obtaining any certification that may be required by the FAA. Lessee shall furnish the Airport Manager a copy of any such certificates, upon request. (b) Limitations Lessee shall use the Leased Premises in accordance with the following limitations and all other applicable terms, promises, conditions, and covenants contained herein. 1. Except as specifically authorized in subsection (a) of this Section 2.03, Lessee shall not: a. engage in any commercial or noncommercial aeronautical or non-aeronautical activity at Airport other than as provided in Section (a), including the sale of fuel, oil, or any other petroleum product, without first complying with the Commercial Operating Standards – Ukiah Airport and obtaining the required permits or agreements from City; and b. install or operate coin-operated food or drink dispensing machines or devices unless approved in writing by the Airport Manager. c. install pay telephones. City specifically reserves the right to arrange for the installation of such pay telephones as Lessee may desire and to secure the income from such installations unless approved in writing by the Airport Manager. d. sell prepaid telephone cards or lottery tickets unless approved in writing by the Airport Manager. e. sell any goods or service not approved in writing by the Airport Manager, including, but not limited to, threatening devices or weapons. f. solicit or advertise goods which are not authorized by the Airport Manager under this Agreement. Page 124 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 6 of 25 DRAFT g. allow any sale by auction on the Leased Premises, without the prior consent of the Airport Manager. h. use or allow the Leased Premises to be used for any improper, immoral, or unlawful purpose. i. obstruct the sidewalks, roadways or passageways adjacent to the Leased Premises. 2.04 Rent Lessee shall pay rent to City as follows: (a) Time and Manner of Payment Lessee shall pay all rent in advance, in equal monthly installments, at City's accounting office, at the address shown for City under Section 2. herein, on the first day of each calendar month throughout the term of this Agreement. Each such monthly installment shall be in an amount equal to one-twelfth (1/12th) of the rent payable for the Lease Year then in effect. Rent for partial months shall be pro-rated on a monthly basis, based on a 12 month year. Calculation of rent herein, on the basis of amounts payable per Lease Year, is for purposes of convenience only, and shall not be construed as affecting Lessee's obligation to pay City rent for the entire term hereof. (b) Base Rent Commencing on the Commencement Date Lessee shall pay Base Rent in the total amount of $500 per month. (c) CPI Rental Increases Lessee shall pay rental increases, calculated as follows: (i) Effective on the July 1st of each Lease Year Lessee shall pay rent based on the just completed Lease Year's rent plus an additional amount calculated as follows: The just completed Lease Year's rent shall be multiplied by the same percentage as the percentage increase, if any, in the current CPI, prior to any seasonal adjustment, as compared to the same month in the preceding year (e.g. July 2008 level of 219.964 (1982-84=100) is 5.6% higher than in July 2007) Lessee shall pay as additional rent a sum equal to the product thereof, to the extent that such sum does not exceed 3 percent (3%) of the total rent payable by Lessee for the immediately preceding Lease Year. (ii) Any decrease in the CPI shall not result in any decrease in Lessee's rental obligation herein. Page 125 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 7 of 25 DRAFT 2.05 Security Deposit (a) Initial Deposit None required (b) Conditions of Deposit City may use such deposit, or any portion thereof, for payment of any sum owed to City by Lessee, Within fifteen (15) days of applying such deposit to correct a default or to pay amounts due or owing upon termination of this Agreement, City shall provide Lessee with an accounting of such deposit application. Upon termination of this Agreement, such deposit less any amounts due or owing to City by Lessee shall be refunded to Lessee. 2.06 Additional Fees, Charges and Rentals Lessee shall pay to City additional fees, charges and rentals in the event of any of the following: (a) If City has paid any sum or sums, or has incurred any obligation or expense, for which Lessee has agreed to pay or reimburse City, or for which Lessee is otherwise responsible; Lessee will be notified Lessee's obligations pursuant to this Section 2.0 shall include all interest, cost, damages, and penalties in conjunction with such sums so paid or expenses so incurred by City, which may be added by City to any installment of fees, charges, and rents payable herein. Each and every part of such payment by City shall be recoverable by City in the same manner and with like remedies as if it were expressly set forth herein. 2.07 Liquidated Damages from Late Payments If Lessee is in arrears for ten (10) days or more following the due date of any amount payable to the City under this Lease, the parties acknowledge that additional clerical, accounting and other work will be performed which would not otherwise be needed absent the late payment. In addition, because the actual charges as a result of the late payment are difficult to identify, the parties hereby agree that Lessee shall pay as a reasonable charge, liquidated damages for the late payment in the amount of eighteen percent (18%) annual percentage rate, or twenty-five dollars ($25.00) whichever is greater, applicable from the date such payment was due to the date of actual payment. If the maximum charge permitted by law is less than the foregoing amount, then the rate shall be such amount determined to be the maximum legal amount. 2.08 Utilities Lessee, at Lessee's sole cost and expense, shall make its own arrangements and pay for all charges assessed for any and all of its utilities, including, but not limited to, electrical power, natural gas, water, sanitary sewer, trash/garbage collection and disposal, telephone and communication services, and for any other utility service or other service supplied to or used on the Leased Premises, including any and all connection and metering charges, as billed directly to Lessee by the City of Ukiah utilities departments or any other utility companies furnishing such services. Where multiple rental units are supplied a utility service through a master meter Page 126 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 8 of 25 DRAFT for which the Airport or the City is billed, Lessee shall pay such costs and charges based upon such standard Airport rates and charges as may be established from time to time by City, and meter readings, if any, for amounts used by Lessee, within thirty (30) days following the date of such billing. Lessee agrees that any and all such charges for any and all such services shall be paid before they become delinquent and that City shall be protected and held harmless by Lessee from any expense or payment, arising from Lessee’s failure to make a timely payment for such services. City shall not be liable to Lessee for any interruption in or curtailment of any utility service, nor shall any such interruption or curtailment constitute a constructive eviction or grounds for rental abatement in whole or in part. 2.09 Maintenance of Leased Premises (a) Responsibility of City No maintenance of the leased space (b) Responsibility of Lessee Lessee is responsible for all maintenance of the lease premises. Lessee shall be solely responsible for the cost of any repair or maintenance to the Leased Premises resulting from the negligent acts or omissions of Lessee, its officers, agents, employees, invitees, suppliers, or contractors. In the event of such damage, City may elect to perform such repair or maintenance itself, at Lessee’s sole cost and expense, or require Lessee to perform the same at Lessee’s sole cost and expense. Provided, however, if such repair or maintenance is not of an emergency nature, as determined by the Airport Manager, in his sole discretion, City shall give Lessee five (5) days advance written notice of its election in such matter. Lessee agrees to take good care of the premises and to return the same at the termination of this Agreement in as good order and condition as when received, excepting ordinary wear and tear and natural decay. 2.10 Improvements or Alterations (a) General No improvements, alterations or repairs of any kind shall be erected, placed, assembled, constructed or permitted on the Leased Premises without first obtaining written authorization from the Airport Manager. In the sole opinion of the Airport Manager, if the proposed improvement, alteration or repair project is of a minor nature, the project may be reviewed and approved solely by the Airport Manager. The Airport Manager, at his sole discretion, based on the nature of the proposed improvement, alteration or repair project may waive one or more of the procedures as set forth in Section 2.11 herein. Notice of such waiver shall be in writing. In the absence of such written waiver, Lessee must follow the procedures as set forth in Section 2.11 herein. (b) Preliminary Plans Prior to the preparation of preliminary plans, Lessee shall contact the Airport Manager to schedule a pre-project meeting to brief City staff on the proposed improvement. Preliminary plans shall show the full extent of the improvements to be Page 127 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 9 of 25 DRAFT constructed including grading, drainage, landscaping, paving, structural details and utility locations and the relationship of the proposed improvements to all adjacent Airport parcels, public roadways, service roadways, taxiways and aircraft parking aprons. A minimum of three (3) full sets of preliminary plans shall be submitted for approval. Civil engineering plans shall include plan drawings submitted on a scale not smaller than one (1) inch equals fifty (50) feet. Architectural plans shall include plan drawings at a suitable scale but in no case shall the scale be smaller than 1/16 inch equals one (1) foot. Plans shall include complete specifications in sufficient detail for City to determine compatibility with City objectives for the overall aesthetic character and quality of the improvements, including the proposed exterior color, scheme, style, materials, wording and placement of all signs. (c) Review of and Comment on Preliminary Plans Within thirty (30) days of the date of receipt of the preliminary plans, City will return two sets of plans with comments. City review and comment on the preliminary plans does not mean or infer that the proposed improvement has been approved by City. Additional plans, specifications or design features beyond those submitted with the preliminary plans may be required and shall be prepared by Lessee at the request of City. (d) Final Plans A minimum of three (3) copies of final plans and specifications showing responses to comments received and setting forth in all necessary detail the requirements for construction of the project shall be submitted to City for approval prior to submitting plans to other applicable agencies so that City may check them for design conformance with the preliminary plans. (e) Approval of Final Plans Within thirty (30) days of the date of receipt of the final plans, if final plans are approved, City will return final plans to Lessee with City approval stamp on the plans. City will retain one full set of final plans. City approval of the final plans shall only mean that the proposed improvement is consistent with City's goals and objectives for Airport development projects and does not infer that the proposed improvement is approved by the City officials, boards or commissions with regulatory jurisdiction over the project, such as the Building Official, Zoning Administrator, City Engineer, Planning Commission, Traffic Engineering Committee, City Council (“City Regulators”). After approval of the final plans by City, Lessee has full responsibility for obtaining all required federal, State and local approvals and permits including compliance with California Environmental Quality Act (CEQA) requirements. (f) Modification of Final Plans Any modifications to the approved final plans including environmental mitigation measures, modifications imposed by City officials, commissions or boards with regulatory jurisdiction over the project, or construction change orders shall be submitted to City for approval prior to construction. Page 128 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 10 of 25 DRAFT (g) Notice of Completion Within ten (10) days of construction completion, Lessee shall submit a Notice of Completion to City. Within ten (10) days of receipt of Notice of Completion, City may schedule an inspection of the improvements to be accompanied by Lessee for purposes of confirming compliance with the final plans and any subsequent modifications to the final plans. This inspection tour may be scheduled at the same time Lessee schedules a final inspection in accordance with any requirements imposed by the City Regulators. (h) As-Constructed/Record Drawings Within sixty (60) days after filing the Notice of Completion, Lessee shall furnish to City one (1) set of original reproducible record drawings showing the “as-constructed” improvements. (i) Removal of Unapproved Improvements Improvements made on the Leased Premises without the approval of final plans for said improvements as outlined herein are hereby determined to be unapproved improvements constructed or installed in violation of the conditions, restrictions and requirements of this Agreement. Unapproved improvements shall be immediately removed at Lessee's sole expense. Portions of improvements that are not constructed as indicated and specified on approved plans are also hereby determined to be unapproved improvements and shall be immediately removed or corrected at Lessee's sole expense. 2.11 Insurance (a) Throughout the term of this Agreement, Lessee for itself and its officers, representatives, agents, employees, guests, patrons, contractors, subcontractors, licensees, invitees, and suppliers shall maintain in full force and affect the forms of insurance specified in Exhibit B. 2.12 Trash and Garbage Lessee shall be responsible for all trash and garbage cost and removal. 2.13 Vehicular and Equipment Parking Vehicular and equipment parking by Lessee, its employees, agents, suppliers, subcontractors, customers, guests or invitees shall be restricted to Lessee's Leased Premises. Parking in areas other than the Leased Premises shall be subject such regulations or restrictions as apply to the general public, including the payment of such parking fees and charges as may from time to time be in effect for designated areas. 2.14 Notices (a) Notices required herein shall be in writing and served personally, sent by overnight courier, such as UPS or Federal Express, U.S. Mail with first class postage Page 129 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 11 of 25 DRAFT prepaid, or facsimile. Any notice mailed pursuant to this Section 2.2(a), shall be presumed to have been received by the addressee 48 hours after deposit in the mail. Either party shall have the right, by giving written notice to the other, to change the addressee, address or facsimile number at which its notices are to be received. Until any such change is made, notices shall be addressed and delivered as follows: City: Airport Manager 1403 South State St. Ukiah, Ca 95481 Lessee: Mendocino County Air Quality Management District 405 Observatory Ave, Ukiah, Ca 9482 If sent by facsimile, said notice shall be presumed to have been received by the recipient upon confirmation by facsimile machine provided that the following facsimile numbers are used: City: (707) 467-2855 Lessee: (707)463-4354 (b) All notices shall be effective upon receipt and shall be deemed received upon delivery, if personally delivered. (c) The person and address provided pursuant to Section 2.13(a) shall be deemed each party’s agent for service of process, unless the party provides a separate written notice of its agent for service of process, including the agent’s street address. Page 130 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 12 of 25 DRAFT Article 3 General Conditions 3.01 Acceptance of Leased Premises Lessee hereby accepts the Leased Premises in its "as-is" condition existing on the Commencement Date. Taking possession of the Leased Premises by Lessee shall be conclusive evidence that the condition thereof is satisfactory to Lessee. City makes no representation or warranty that the Leased Premises are suitable for the uses to which Lessee shall be restricted pursuant to this Agreement. All Systems shall be in good working order upon acceptance. 3.02 Accord and Satisfaction No payment by Lessee or receipt by City of a lesser amount than the rent, fees and/or charges due to be made by Lessee herein shall be deemed to be other than on account of the rent, fees and/or charges due, and no endorsement or statement on any check or in any letter accompanying any check or payment as rent, fees and/or charges shall be deemed an accord and satisfaction, and City may accept such check or payment without prejudice to City's right to recover the balance of such rent, fees and/or charges or to pursue any other remedy provided in this Agreement. 3.03 Airport Regulations In the use of the Leased Premises, Lessee agrees to observe, obey and abide by all ordinances, airfield rules and other regulations of City applicable thereto. In addition to the foregoing, Lessee shall comply immediately with any and all directives issued by the Airport Manager. 3.04 Amendment Required by FAA This Agreement may be amended without further consideration for the purpose of satisfying FAA requirements. 3.05 Assignment and Subletting (a) Assignment Lessee shall have no right to assign, mortgage, and pledge or otherwise transfer this Agreement, either voluntarily or by operation of law, in whole or in part, without the prior written consent of the City in each instance. (b) Subletting Lessee shall have no right to sublease all or any part of the Leased Premises without the prior written consent of City, consent will not be unreasonably with held Page 131 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 13 of 25 DRAFT 3.06 Authority of Agreement Lessee warrants and represents that it has the right, power, and legal capacity to enter into, and perform its obligations under this Agreement, without any additional approvals or consents. The execution, delivery, and performance of this Agreement by the undersigned Lessee representatives have been duly authorized by all necessary corporate action of Lessee, and this Agreement will constitute a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms. 3.07 Authority of the Airport Manager The Airport Manager shall administer this Agreement on behalf of City. The Airport Manager shall represent the City and communicate with the Lessee on behalf of the City. The laws and rules applicable to the City will determine which City official or employee has the authority to make any particular decision on behalf of the City. Any appeals of these policies can be taken to the Airport Commission for review and recommendation to the City Council. 3.08 California Law This Agreement shall be interpreted and enforced in accordance with the laws of the State of California. In the event of a dispute between the parties as to the language of this Agreement or the construction or meaning of any term hereof, this Agreement shall be deemed to have been drafted by the parties in equal parts so that no presumption or inferences concerning its terms or interpretation may be construed against any party to this Agreement. Any litigation filed by Lessee or City against the other regarding the terms of this Agreement, performance of a party's obligations under this Agreement, or any other reason related in any way to this Agreement, shall be filed in the California state courts in Ukiah, California, and the appropriate California courts of appeal. Each party consents to the jurisdiction of such courts and agrees to venue in Ukiah, expect as apply to FAA or federal issues The prevailing party in any action to interpret or enforce this Lease shall be entitled to recover its attorneys’ fees and other costs of the litigation from the other party. 3.09 City's Remedies Pursuant to Section 1951.2 of the California Civil Code: (a) In the event that Lessee breaches this Agreement and abandons the property before the end of the term hereof, or if Lessee's right to possession is terminated by City because of a breach of this Agreement, this Agreement terminates. Upon such termination, the City may recover from Lessee: (i) The "worth at the time of award" of the unpaid rent which had been earned at the time of termination; (ii) The "worth at the time of award" of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; Page 132 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 14 of 25 DRAFT (iii) The "worth at the time of award" of the amount by which the unpaid rent for the balance of the term hereof after the time of award exceeds the amount of such rental loss that Lessee proves could reasonably be avoided; and (iv) Any other amount necessary to compensate City for all the detriment proximately caused by Lessee's failure to perform its obligations under this Agreement, or which in the ordinary course of things would be likely to result there from. (b) The "worth at the time of award" of the amounts referred to in Subsections (a)(i) and (ii) of this Section 3.09 is computed by allowing interest at the rate of eighteen percent (18%). The "worth at the time of award" of the amount referred to in Subsection (a)(iii) of this Section 3.09 is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). (c) Damages which City may recover pursuant to Subsection (a)(iii) of this Section 3.09 include the worth at the time of award of the amount by which the unpaid rent for the balance of the term hereof exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; or City may recover damages pursuant to Subsection (a)(iii) of this Section 3.09 in the event that City rerents the Leased Premises prior to the time of award and proves that in reletting the property it acted reasonably and in a good-faith effort to mitigate the damages. (d) Efforts by City to mitigate the damages caused by Lessee's breach of this Agreement do not waive City's right to recover damages pursuant to said Section 1951.2 and this Section 3.09 (e) Nothing in this Section 3.09 affects the right of City under this Agreement to indemnification for liability arising prior to the termination of this Agreement for personal injuries or property damage, as herein provided. Notwithstanding the foregoing, in the event of Lessee's breach of this Agreement and abandonment of the Leased Premises, pursuant to Section 1951.4 of the California Civil Code, City may, at its sole option, elect to continue this Agreement and enforce all its rights and remedies herein against Lessee, including the right to recover the rent as it becomes due. 3.10 Cumulative Remedies No remedy or election herein shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 3.11 Damage or Destruction of Improvements In the event that any or all of the improvements located in or on the Leased Premises shall suffer partial or substantial destruction at any time during the term of this Agreement, the respective rights and obligations of the parties hereto with respect to reconstruction, repairing, and/or restoring such improvements and/or with respect to the matter of the continuance or termination of this Agreement following any such destruction, shall be controlled by the provisions of this Section 3.12. Page 133 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 15 of 25 DRAFT (a) Definitions For the purpose of this Agreement, the following definitions shall apply: 1) the term "Partial Destruction" as used herein, shall be deemed to mean a destruction of improvements to such an extent that the then currently estimated total costs of restoring the destroyed improvements to as good a condition of habitability and/or usability (for those certain uses herein authorized and intended therefore) as existed immediately prior to the occurrence of any such destruction shall not exceed fifteen percent (15%) of the then current estimated total replacement costs of all of the improvements on the Leased Premises (excluding land and personal properties). 2) the term "Substantial Destruction" as used herein, shall be deemed to mean a destruction of improvements to such an extent that the then current estimated total costs of restoring the destroyed improvements to as good a condition of habitability and/or usability (for those certain uses herein authorized and intended therefore) as existed immediately prior to the occurrence of any such destruction shall exceed fifteen percent (15%) of the then current estimated total replacement costs of all of the improvements on the Leased Premises (excluding land and personal properties). (b) Repair Obligations and Rights of Termination In the event the City-owned improvements located in or on the Leased Premises shall suffer Partial or Substantial Destruction at any time during the term hereof, then: (I) City may, but shall not be obligated to so perform, the reconstruction, repair, and/or restoration of such improvements. (ii) If the destruction is substantial, either party may cancel and terminate this Agreement as of the date of the occurrence of such destruction by giving written notice to the other party within sixty (60) days after such destruction. (iii) If, within sixty (60) days after the date of any partial destruction, City has not completed the reconstruction, repair, and/or restoration of the destroyed improvements, then, at any time prior to the completion of such reconstruction, repair and/or restoration by City, Lessee may cancel and terminate this Agreement by service of a minimum of thirty (30) days advance written notice upon City. (iv) If within sixty (60) days after the date of any substantial destruction, City has not commenced the reconstruction, repair or restoration of the destroyed improvements or, if such action has been commenced during said period but the Leased Premises shall not have been fully reconstructed, repaired or restored to a tenantable condition within one hundred twenty (120) days following the date of such Substantial Destruction, then, at any time prior to the completion of such reconstruction, repair or restoration by City, Lessee may cancel and terminate this Agreement by service of a minimum of thirty (30) days advance written notice upon City. (c) Limitation on City's Obligations The foregoing provisions of this Section 3.11 notwithstanding, City shall not be liable for or obligated to reconstruct, repair, restore, reinstall, or replace any improvements or any furnishings, fixtures, or equipment, or other personal property, installed, placed, located in, on or about the Leased Premises by Lessee, Lessee's employees, agents, representatives, tenants, or sub lessees. Page 134 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 16 of 25 DRAFT (d) The Payment of Rental In the event any or all of the City improvements located in or on the Leased Premises shall suffer either Partial or Substantial Destruction, at any time during the term hereof, the monthly rental due to be paid by Lessee shall be paid to the date of such destruction and shall then be abated to the extent that the Leased Premises are untenantable, so that Lessee shall only be obligated to pay rental on those portions of the Leased Premises that are tenantable. 3.12 Early Termination by City City may terminate this Agreement prior to expiration of the term hereof upon the happening of one or more of the following events: (a) Lessee fails to make any payment of rent or any other required payment, as and when due herein, where such failure continues for a period of thirty (30 days following service of notice thereof upon Lessee by City; (b) Lessee fails to obtain or maintain any of the insurance coverage’s required by this Agreement; (c) Lessee vacates or abandons the Leased Premises for a period of thirty (30) days or more; (d) Lessee breaches the covenants contained in Sections 1, 2 or 4 of Section B of that document entitled "Assurances Required by The Federal Aviation Administration," and incorporated by reference in this Agreement in Section 3.06 or (e) Lessee defaults in performance of any promise, term, condition, or covenant required of it herein (other than those expressly set forth in Subsections (a) through (f) above, wherein no further default notice is required). 3.13 Early Termination by Lessee At any time that Lessee is not in default of its payments or other obligations to City herein, Lessee may terminate this Agreement prior to expiration of the term with 90 day notice without penalties. 3.14 Execution by City Council Submission of this document by City for review, examination or execution by Lessee does not constitute a reservation of an option to lease space on the Airport, and this document shall not be effective as a lease agreement, or otherwise, unless and until approved by the City Council of the City and executed by the officer authorized by said Council. Page 135 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 17 of 25 DRAFT 3.15 Force Majeure Neither City nor Lessee shall be deemed to be in breach of this Agreement if either is prevented from performing any of its obligations herein by reason of strike, boycott, labor dispute, embargo, shortage of energy or materials, act of God, act of a public enemy, act of a superior governmental authority, weather conditions, rebellion, riot, sabotage, or any other circumstance for which it is not responsible, or which is not within its control. 3.16 Headings The headings of the articles and Sections of this Agreement are inserted only as a matter of convenience and for reference, and do not define or limit the scope or intent of any provisions of this Agreement, and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 3.17 Holding Over If Lessee remains in possession of the Leased Premises following the expiration or earlier termination of this Agreement, such holding over shall not be deemed to constitute an extension or renewal of this Agreement, but shall merely create a tenancy from month-to-month which either party hereto may terminate upon ninety (90) days advance written notice to the other provided lease is in good standing. In the event of such holding over, Lessee shall perform all terms, promises, conditions and covenants required of it herein, but shall pay rent to City in such amounts as may be designated by existing rate, which in no case shall be less than that in effect immediately prior to such expiration or earlier termination of this Agreement. 3.18 Indemnification of City Lessee shall indemnify, defend and hold City and its elected representatives, officers, agents and employees harmless from and against all liabilities, losses, costs, suits, claims, judgments, expenses, fines or demands of any kind (including, but not limited to, costs of investigation, court costs and expert fees) resulting from any injury, damage or death to any person or property, of any nature whatsoever, and arising out of or alleged to arise out of the use, occupancy or operations of Lessee, or any of its officers, representatives, agents, employees, guests, patrons, contractors, subcontractors, licensees, subtenants, invitees, or suppliers, at the Airport. Lessee shall not be liable for any injuries, death or damage to the extent that such injury, death or damage is caused exclusively by the negligence of City, its elected representatives, officers, agents or employees. This Section 3.18 shall survive the termination or expiration of this Agreement 3.19 Interpretation of Agreement Nothing herein contained shall be construed or interpreted, in any manner whatsoever, as limiting, relinquishing or waiving any of the rights of ownership enjoyed by City in and to Airport property, or in any manner waiving or limiting City's control over the operation and maintenance of the Airport property or in derogation of such governmental rights as City possesses, except as is specifically provided for herein. 3.20 Invalid Provisions In the event of any covenant, condition or provision of this Agreement, or the application thereof to any person, entity, or circumstances, shall to any extent be held by a court Page 136 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 18 of 25 DRAFT of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or unenforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Agreement. 3.21 Licenses and Permits Lessee shall obtain, at its sole cost and expense, all necessary licenses and permits required for construction of improvements or installation of equipment on the Leased Premises, and any other licenses or permits necessary for the conduct of Lessee's operations at Airport. 3.22 National Pollutant Discharge Elimination System Operator shall comply with all federal and State regulations governing the National Pollutant Discharge Elimination System (NPDES) including all future amendments of said regulations, and procedures as may be adopted by federal, State or local agencies. 3.23 Negation of Partnership Nothing in this Agreement shall be construed to render City in any way or for any purpose, a partner, joint venture, or associate in any relationship with Lessee other than that of landlord and tenant, nor shall this Agreement be construed to authorize either City or Lessee to act as agent for the other. 3.24 Net Lease Except as otherwise expressly provided, this Agreement shall be without cost to City for the maintenance and improvement of the Leased Premises. 3.25 Noise Control Lessee shall not conduct any operation or activity on the Leased Premises, or elsewhere at Airport, which produces sound of such volume, frequency or intensity as to constitute a nuisance. The Airport Manager shall have the sole and exclusive authority to determine what constitutes a nuisance under the provisions of this Section, except that operations and activities having noise levels not in violation of federal, State or local governmental standards shall not be deemed a nuisance, and not in conflict with existing Senate Bill 2630 excluding air ambulance operations section 21662.4 of the PUC. 3.26 Nondiscrimination Lessee, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, creed, national origin, sex, age or handicap shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Lessee's facilities pursuant to its operations herein; (2) that in the furnishing of services on Airport, no person on the grounds of race, color, creed, national origin, sex, age, or handicap shall be excluded from participation in, denied the benefit of, or otherwise be subjected to discrimination; (3) that Lessee shall use Airport in compliance with all other requirements Page 137 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 19 of 25 DRAFT imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended. 3.27 Nonexclusive Rights Nothing herein shall be construed to grant or authorize the granting of any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act for the conduct of any activity on the Airport; provided, however, subject to the terms and provisions of this Agreement, Lessee shall have the right to exclusive possession of the Leased Premises described by Section 2.02. 3.28 Non-waiver of Rights No waiver of default by either party hereto of any of the terms, promises, covenants, or conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, promises, covenants, or conditions herein contained, to be performed, kept, and observed by such other party. 3.29 Notice of Claims and Suit City and Lessee shall each give the other prompt and timely written notice of any personal injury or other accident claims, and of any lawsuit coming to its knowledge when either such claim or lawsuit arises out of or is in any way connected with the Leased Premises, the operations of Lessee herein, or the construction or operation of Airport by City, which in any way, directly, indirectly, contingently or otherwise, might reasonably affect the parties' relationship under this Agreement. Such notice shall be deemed prompt and timely if given within thirty (30) calendar days following the date of receipt of such claim by an officer, agent, or employee of either party, and if given within ten (10) calendar days following the date of service of process upon either party with respect to any such lawsuit. 3.30 No Warranty Regarding Airport City does not warrant that Airport will continue to be used as an airport during the term of this Agreement. In the event that such airport use is terminated, whether temporarily or permanently, The City will negotiate in good faith a settlement, and will be cause for immediate termination of lease and refund of any deposits and lease amount remaining. 3.31 Nuisance and Waste Lessee shall not erect, nor permit to be erected, any nuisance on the Leased Premises, or permit any waste thereof. Lessee shall not permit any trash or garbage to accumulate on or about the Leased Premises. Page 138 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 20 of 25 DRAFT 3.32 Prohibition of Liens Lessee shall pay promptly, as due, all persons supplying labor and materials for any alteration of, or improvement to, the Leased Premises, and shall permit no lien or claim to be filed or prosecuted against City on account of such labor and materials furnished. 3.33 Removal of Lessee's Property If Lessee is not in default as to the payment of any rent, fee, or other charge payable to City herein, Lessee may remove its inventory, Trade Fixtures and furnishings from the Leased Premises upon expiration or earlier termination of this Agreement. If Lessee does not elect, or otherwise fails to remove the same, or any part thereof, within thirty (30) days following City's regaining possession of the Leased Premises, City may require such removal at Lessee's sole cost and expense. 3.34 Reports Lessee shall provide City with any reasonable operational reports which the Airport Manager may from time to time request by written notice to Lessee. 3.35 Restrictions and Regulations This Agreement, and the rights herein granted, shall be subject to any and all applicable federal, State and City rules, regulations, orders and restrictions which are now in force or which may hereafter be adopted by any duly authorized governmental agency with respect to Lessee's operation at Airport. 3.36 Right of Entry City, its officers, agents, and employees shall have the right, throughout the term of this Agreement, to enter upon the Leased Premises for any lawful purpose, including the purpose of determining whether Lessee is complying with its obligations under this Lease, provided, however, that entry into the trailer to be located within the Leased Premises shall only be made with staff of Lessee present. City will provide a twenty-four-hour (24) notification of intent to enter premises unless an emergency situation warrants entry due to emergency services provided by lessor. Such entry by City shall not be deemed to excuse Lessee's performance of any promise, term, condition, or covenant required of it by this Agreement, and shall not be deemed to constitute waiver thereof by City. 3.37 Risk Reduction Lessee shall neither use nor permit the use of the Leased Premises in such a manner as to increase the risk which would affect the rate of insurance thereon in excess of that in existence at the commencement of the term hereof. 3.38 Signs As used herein, "sign" means any advertising sign, billboard, identification sign or symbol, poster, or other similar device, regardless of content. Page 139 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 21 of 25 DRAFT Lessee shall not erect, maintain, or display any sign on the Leased Premises, or elsewhere at Airport, without the prior written consent of the Airport Manager. Lessee shall submit drawings, sketches, designs, and dimensions of such signs to the Ukiah Airport Manager when requesting such approval. All such signs shall be consistent with City's general sign policy for Airport and the provisions of the Ukiah City Code. Any condition, restriction, or limitation as to use or appearance of such signs as may be stated by the Airport Manager in writing shall become a part of this Agreement, as if specifically set forth herein. 3.39 Subordination This agreement shall be subordinate to the provisions of any existing and future agreement, rules and regulations between Lessor and the United States of America, or any agency or administrative arm thereof relating to the operation or maintenance of the Ukiah Regional Airport or the conduct or operation of any flight school or other governmental operation thereon. 3.40 Successors and Assigns The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, heirs, and personal representatives of the parties hereto. 3.41 Surrender of Leased Premises City is required to give Lessee any notice to quit possession of the Leased Premises upon expiration or earlier termination of this Agreement. Lessee shall peaceably surrender possession of the Leased Premises upon expiration or earlier termination of this Agreement in as good order and condition as when received, excepting reasonable wear, destruction by lightning or other natural causes, or fire not caused by the acts or omissions of Lessee, its officers, agents, employees, subcontractors, customers, invitees, or other persons doing business with Lessee or on the Leased Premises with the consent of Lessee. 3.42 Taxes Lessee shall, at its cost and expense, pay any and all taxes for which it is legally responsible, or which may be assessed against it recognizing the Lessee’s non-profit welfare exemption. 3.43 Time of the Essence Time is of the essence in the performance of this Agreement. 3.44 Entire Agreement This Agreement, together with all attached exhibits, contains the entire agreement between the parties, concerning the lease of the Leased Premises to Lessee. This Lease supersedes and replaces any other representations, statements or agreements by or between the parties concerning the lease of the Leased Premises to Lessee. This Agreement may be amended only by written instrument duly executed by Lessor and Lessee, except as stipulated in Section 3.04. Page 140 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 22 of 25 DRAFT 3.45 Execution of Agreement IN WITNESS WHEREOF, the parties have entered this Agreement on the Effective Date. *************** By: _____________________________________ Sage Sangiacomo, City Manager CITY OF UKIAH By: _____________________________________ Mendocino County Air Quality Management District ATTEST: ___________________________ Kristine Lawler, Clerk CITY OF UKIAH Page 141 of 236 Tenant City of Ukiah Municipal Airport Agreement for Lease of Property Page 23 of 25 DRAFT EXHIBIT A Page 142 of 236 Page 1 of 3 Insurance Requirements EXHIBIT B CITY OF UKIAH INSURANCE REQUIREMENTS FOR LESSEES Without limiting Lessee’s obligation to indemnify the City under the attached Agreement for Lease of Property (Agreement), Lessee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with Lessee’s space, products and operations pursuant to the Agreement. City shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the City’s Risk Management Office the insurance provisions in these requirements do not provide adequate protection for City and for members of the public, City may require Lessee to obtain insurance sufficient in coverage, form and amount to provide adequate protection. City’s requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required. Verification of Coverage Lessee shall furnish the City with certificates of insurance evidencing coverage required herein, including copies of endorsements with specific reference to each of the coverage modifications or amendments set forth below. Certified copies of required endorsements must be attached to provided certificates. All certificates are to be received and approved by the City prior to the effective date of the Agreement. The City reserves the right to require that Lessee provide complete, certified copies of any policy of insurance offered in compliance with these specifications. As an alternative to insurance certificates, the Lessee’s insurer may voluntarily provide complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these specifications. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 6/92) covering Automobile Liability, code 1 (any auto). 3. Workers’ Compensation insurance as required by State of California and Employer’s Liability Insurance. 4. Cargo Legal Liability (if applicable) Page 143 of 236 Page 2 of 3 Insurance Requirements EXHIBIT B Minimum Limits of Insurance Lessee shall maintain for itself and its officers, representatives, agents, employees, guests, patrons, contractors, subcontractors, licensees, invitees, and suppliers limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Fire legal not less than $250,000 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all owned, non-owned, and hired vehicles operated by or on behalf of Lessee on the Leased Premises, or elsewhere at the Airport, including any additional or replacement vehicles. 3. Workers’ Compensation: Statutory 4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the Lessee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Lessee; products and completed operations of the Lessee; premises owned, occupied or used by the Lessee; or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. Page 144 of 236 Page 3 of 3 Insurance Requirements EXHIBIT B 2. For any claims related to Lessee’s activities pursuant to the Agreement, the Lessee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Lessee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been received by the City. 6. To the extent permitted by law, the workers’ compensation policy required hereunder shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the City, its officers, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with work performed under this Agreement by the Lessee. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. The City Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of the City and the general public are adequately protected. Page 145 of 236 Page 1 of 5 Assurances Required by the Federal Aviation Administration EXHIBIT C ASSURANCES REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION SECTION A Purpose, Classes of Activities, Applicability of Assurances And Definition of Terms 1. PURPOSE: The City of Ukiah, California, an airport owner subject to both Federal Grant Agreement obligation; is required by the Federal Aviation Administration (FAA) to include specific provisions, addressing, among other things, the requirements of Title VI of the Civil Rights Act of 1964, Exclusive Rights prohibitions, and Affirmative Action items contained in Title 14 Code of Federal Regulations Part 152, within all agreements (including, without limitation, leases, licenses, permits, and contracts) between said City and any and all entities who use or perform work or conduct activities on City owned or operated airport premises for aeronautical or non-aeronautical purposes. The purpose of this Exhibit is to appropriately incorporate within the “Agreement,” to which it is attached and made a part of by reference therein, the seventeen (17) numbered provisions contained within Section “B,” “ASSURANCES,” below. 2. CLASSES OF ACTIVITIES: The applicability of each of the seventeen (17) numbered provisions contained within Section “B,” “ASSURANCES,” below, to that certain “Agreement” to which this Exhibit is attached and made a part of by reference therein, is, among other things, dependent upon the type of work to be performed and/or the type of activities to be conducted at the airport(s) by the Lessee, Permittee, Licensee, Operator, etc., named therein, pursuant to and in accordance with those certain rights, privileges, uses, and operations, expressly granted and/or authorized there under. The following activity classifications, as established by the FAA, are provided for the information and guidance of all concerned: a. Direct and Supportive Aeronautical: The following activities, commonly conducted on airports, are AERONAUTICAL ACTIVITIES: (1) Aerial Firefighting (2) Charter Operations (3) Pilot Training (4) Aircraft rental and sightseeing (5) Air Ambulance (6) Crop dusting (7) Aerial Advertising and Surveying (8) Aircraft Sales and Services (9) Sale of Aviation Petroleum products (whether or not conducted in conjunction with other included activities) (10) Repair and Maintenance of Aircraft (11) Sale of Aircraft Parts (12) Any other activities which, because of their direct relationship to the operation of an aircraft, can appropriately be regarded as an “aeronautical activity.” Page 146 of 236 Page 2 of 5 Assurances Required by the Federal Aviation Administration EXHIBIT C b. Complementary Aeronautical: The following activities, when conducted on airports, are COMPLEMENTARY AERONAUTICAL ACTIVITIES: (1) Ground Transportation (taxis, car rentals, limousines) (2) Restaurants (3) Barber Shops (4) Auto Parking Lots (5) Recreational Facilities (6) Any other commodities, services or accommodations made available to the general public. c. Non-Aeronautical: The following activities, when conducted on airports, being neither “Direct and Supportive Aeronautical” nor “Complementary Aeronautical,” as defined above, are NON-AERONAUTICAL ACTIVITIES. (1) Manufacturing (2) Agriculture (3) Any other activity not appropriately falling within the above-said “Direct and Supportive Aeronautical” and/or “Complementary Aeronautical,” classifications. 3. APPLICABILITY OF NUMBERED PROVISIONS WITHIN SECTION “B,” “ASSURANCES,” BELOW TO CLASS (ES) OF ACTIVITIES SPECIFIED WITHIN PARAGRAPH 2, ABOVE: The applicability of the numbered provisions within Section “B,” “Assurances,” below, to the respective classes of activities specified within sub-paragraphs 2a, b, and c, of this Section “A,” above, is as follows: NUMBERED PROVISIONS ACTIVITY CLASS APPLICABLE TO CLASS Direct and Supportive Aeronautical 1 through 17 Complementary Aeronautical 1 through 16 Non-Aeronautical 1 through 16 4. DEFINITION OF TERMS USED WITHIN SECTION “B,” “ASSURANCES,” BELOW: In order to facilitate ease of fulfillment of the requirement specified within paragraph 1 of this Section “A,” this Exhibit is designed to be attached to and made a part of all City of Ukiah Airport “Agreements,” including, without limitation, leases, licenses, permits, contracts, etc. Therefore, in the event the “Agreement” to which this Exhibit is attached and made a part of by reference therein shall be other than a lease or be a lease within which the parties thereto are therein called or referred to other than “Lessor” and “Lessee,” then, where the terms “Lessor,” “Lessee,” and “Lease” appear, as shown, within the seventeen (17) numbered “ASSURANCES” listed within Section “B,” below, said terms shall be deemed to mean “CITY OF UKIAH, CALIFORNIA,” “THE OTHER PARTY TO THE PARTICULAR AGREEMENT” (e.g., Licensee, Permittee, Concessionaire, Operator, etc.), and the “AGREEMENT” itself (regardless of title, type and/or description, including, without limitation, Leases, Agreements, Licenses, Permits, and Contracts) respectively. Where the terms “LAND LEASED” and “LEASED PREMISES” (and all reasonably readily identifiable derivations thereof) appear, said terms shall be deemed to mean the Page 147 of 236 Page 3 of 5 Assurances Required by the Federal Aviation Administration EXHIBIT C land(s) and/or premises specifically identified within the “Agreement” as being that/those to which leasehold tenancies, occupancies, use(s), operation(s), and/or access(es) by the Lessee, Permittee, Licensee, Operator, Concessionaire, etc., are expressly authorized. In all cases, where the term “AIRPORT” appears, as shown, it shall be deemed to mean Ukiah Regional Airport as identified within the “Agreement” between the parties as being the Airport to which the “Agreement” pertains. SECTION B Assurances 1. The “LESSEE,” for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (as a covenant running with the land if the “Agreement” to which this Exhibit is attached is a lease) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this “LEASE” for a purpose for which a U.S. Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, the “LESSEE” shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 2. The “LESSEE,” for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (as a covenant running with the land if the agreement to which this Exhibit is attached is a lease) that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the “LESSEE” shall use the “premises” in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 3. That in the event of breach of any of the above nondiscrimination covenants, “LESSOR” shall have the right to terminate the “LEASE” and to reenter and repossess said land and the facilities thereon, and hold the same as if said “LEASE” had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights. 4. “LESSEE” shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT the “LESSEE” may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers. Page 148 of 236 Page 4 of 5 Assurances Required by the Federal Aviation Administration EXHIBIT C 5. Non-compliance with Provision 4 above shall constitute a material breach thereof and in the event of such non-compliance the CITY OF UKIAH, CALIFORNIA (“LESSOR”) shall have the right to terminate this “LEASE” and the estate hereby created without liability therefore or at the election of the “LESSOR” or the United States either or both said Governments shall have the right to judicially enforce Provisions 1, 2, 3, and 4 above. 6. “LESSEE” agrees that it shall insert the above five (5) provisions in any lease, agreement, contract, etc., by which “LESSEE” grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the “premises” herein “LEASED.” 7. The “LESSEE” assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The “LESSEE” assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The “LESSEE” assures that it will require that its covered sub organizations provide assurances to the “LESSEE” that they similarly will undertake affirmative action programs and that they will require assurances from their sub organizations, as required by 14 CFR 152, Subpart E, to the same effect. 8. The “LESSOR” reserves the right to further develop or improve the landing area of the “Airport” as it sees fit, regardless of the desires or view of the “LESSEE” and without interference or hindrance. 9. The “LESSOR” reserves the right, but shall not be obligated to the “LESSEE,” to maintain and keep in repair the landing area of the “Airport” and all publicly-owned facilities of the “Airport,” together with the right to direct and control all activities of the “LESSEE” in this regard. 10. This “LEASE” shall be subordinate to the provisions and requirements of any existing or future agreement between the “LESSOR” and the United States, relative to the development, operation or maintenance of the “Airport.” 11. There is hereby reserved to the “LESSOR,” its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the “premises” herein “LEASED.” This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the “Airport.” 12. “LESSEE” agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the “LEASED PREMISES,” or in the event of any planned modification or alteration of any present or future building or structure situated on the “LEASED PREMISES.” 13. The “LESSEE,” by accepting this “LEASE,” expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the “land leased” hereunder which would exceed the height limits of Part 77 of the Federal Aviation Regulations. In the event the aforesaid covenants are breached, “LESSOR” (the owner) reserves the right to enter upon the “land leased” hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the “LESSEE.” Page 149 of 236 Page 5 of 5 Assurances Required by the Federal Aviation Administration EXHIBIT C 14. The “LESSEE,” by accepting this “LEASE,” agrees for itself, its successors and assigns, that it will not make use of the “LEASED PREMISES” in any manner which might interfere with the landing and/or taking off of aircraft at and/or from the “AIRPORT” Ukiah Regional Airport) or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the “LESSOR” (owner) reserves the right to enter upon the “premises hereby leased” and cause the abatement of such interference at the expense of the “LESSEE.” 15. This “LEASE,” and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said “AIRPORT” or the exclusive or nonexclusive use of the “AIRPORT” by the United States during the time of war or national emergency. 16. It is the policy of the Department of Transportation (DOT) that disadvantaged and minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 CFR 23.5. Consequently, these leases are subject to 49 CFR Part 23, as applicable. “LESSEE” hereby covenants and agrees that no person shall be excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases, covered by 49 CFR Part 23 on the grounds of race, color, national origin or sex. “LESSEE” agrees that it will include the above clauses in all sub-leases and cause sub lessees to similarly include the clauses in further sub-leases. 17. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a). Page 150 of 236 Page 1 of 2 Agenda Item No: 13.a. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-118 AGENDA SUMMARY REPORT SUBJECT: Consider Authorizing a Letter to the Mendocino County Department of Planning & Building Services Regarding the Proliferation of Off-site Advertisements/Billboards within Unincorporated Areas of the Ukiah Valley. DEPARTMENT: Community Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Jesse Davis ATTACHMENTS: 1. DRAFT_Ukiah Valley Billboard Letter_04.17.2024 2. 13a Correspondence Received - Greg Redeker-Lamar Advertising 3. Final Signed Letter to County RE Billboards - posted 4-22-24 Summary: Council will receive an update from Staff on the proliferation, impact, and regulation of off-site advertisements in the Ukiah Valley, and consider authorizing a letter to the Mendocino County Department of Planning & Building Services regarding off-site signage concerns and regulatory suggestions. Background: After closely reviewing building permit activity within unincorporated Mendocino County and developing an inventory detailing off-site advertisements and signage, the City of Ukiah's Community Development Staff determined that contrary to the policies of the County's adopted General Plan (2009) and the Ukiah Valley Area Plan (2012) that an increased number of off-site advertisements along major transportation corridors had been recently approved or constructed. On February 7, 2024, Staff presented an overview of these concerns to the Ukiah City Council, and received direction to coordinate with County Staff to address abandoned signage, as well as draft correspondence advising the County on potential amendments to their off-site sign regulations for their Inland Zoning Division. As instructed, the Community Development Department has met with County staff to address abandoned signs and has drafted correspondence for the review and transmittal to the Mendocino County Department of Planning & Building Services (Attachment 1). Discussion: While the County's General Plan cites a policy tool called amortization (Policy DE-88) to address the proliferation of billboards, no action has been taken by the County to implement such an approach. Additionally, it is unclear how amortization would reduce the number of off-site signs without significant monetary considerations due to existing State (Business and Professions Code) and Federal requirements. The City is aware that the Mendocino County Department of Planning and Building Services is utilizing state grants to work with a multidisciplinary land use planning consultant to prepare revisions and amendments to the County’s Zoning Ordinance (Title 20, Division I, Inland Zoning Code) that incorporates considerations from the General Plan (2009), UVAP (2011) and the most-recent Housing Element Update (2019) to ensure regulatory consistency between its current and long-range planning efforts. To that end, the City of Ukiah encourages the County of Mendocino to amend Chapter 20.184 to restrict the installation of new off-site signage, prohibit the use of digital signage, and align off-site sign regulations with the requirements already conveyed by the Coastal Zone (Chapter 20.476) or the Town of Mendocino (Chapter Page 151 of 236 Page 2 of 2 20.712) code sections. Using a shared approach ensures that off-site signage regulations are consistent across all three (3) unincorporated zoning divisions, providing clarity and transparency. Staff requests that the Council further consider and provide any additional guidance as necessary, including the authorization to send the draft letter (Attachment #1) under the Mayor's signature. This letter is to be sent to the Mendocino County Department of Planning & Building Services concerning off-site advertisements and billboards within the unincorporated areas of the Ukiah Valley. Recommended Action: Authorize Staff to draft a letter under the Mayor's signature to be sent to the Mendocino County Department of Planning & Building Services regarding off-site advertisements/billboards within unincorporated areas of the Ukiah Valley. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI):N/A CLIMATE INITIATIVES (CI):N/A GENERAL PLAN ELEMENTS (GP): GP-A1 - Land Use Element: 10.2 The City shall recognize that the Ukiah Valley is one community and foster collaborative decision making between the City, county, and other public agencies; GP-A1 - Land Use Element: 10.3 The City shall coordinate with Mendocino County to assure consistency with the Ukiah Valley Area Plan goals and policies Page 152 of 236 April 17, 2024 Mendocino County Department of Planning and Building Services Attn: Director Julia Krog 860 North Bush Street Ukiah, CA, 95482 RE: Ukiah Valley Billboards – City of Ukiah Dear Mendocino County Department of Planning and Building Services: The Ukiah City Council has grown increasingly concerned about the recent proliferation and under- regulation of off-site advertisements in unincorporated areas of the Ukiah Valley. Therefore, the Council encourages amendments to the County’s Zoning Ordinance (Title 20, Division I, Inland Zoning Code) to ensure that the vision and goals conveyed in the Ukiah Valley Area Plan (UVAP) are effectively realized. Upon completion of an inventory (Enclosure 1) documenting off-site signage in the Ukiah Valley, it was determined that nine (9) separate billboards have been approved or installed since 2016, despite clear language in the County's General Plan (2009) and the UVAP (2011) to reduce the impacts associated with such signage. Additionally, numerous billboards were documented as circumventing the County’s signage requirements, or violating the maximum allowed sign area identified in County Code, primarily by including additive visual components. Furthermore, the enclosed inventory documents abandoned signs, non- conforming signs in agricultural zoning districts, signage approved or recently installed near existing residential neighborhoods, as well as off-site signage that may soon necessitate visibility improvement permits, thereby requiring the removal of oak trees or other vegetation within the right-of-way. The resulting impression is that besides the increasing number of off-site advertisements within the Ukiah Valley, there is minimal enforcement or attention applied to these aesthetic concerns, while other areas of the County, such as the Coastal Zone, are highly regulated. This notion is reinforced by the continued ministerial approval of off-site signage north and south of the City, as well as a recent discretionary approval to allow proposed off-site signage to exceed associated height restrictions. Of particular concern to the City of Ukiah was the approval and installation of the first 'Digital Billboard' in Mendocino County.1 Per MCC 20.184.005, the County’s sign regulations are “…intended to protect property values, create a more attractive, economic and business climate, enhance the aesthetic appearance of the physical community, preserve the scenic and natural beauty, and provide an enjoyable and pleasing community. It is further intended hereby to reduce signs or advertising distractions and obstructions that may contribute to traffic accidents.”2 Paradoxically, transportation safety research has increasingly demonstrated that digital advertising presents a higher safety risk than traditional static signs, as digital signs changes in luminance are more likely to garner a driver’s attention.3 Moreover, the juxtaposition of digital signage within the scenic viewshed of the Ukiah Valley presents a considerable challenge, as the modern signage starkly contrasts the valley’s bucolic setting. Similar to their static counterparts, digital billboards stand out against the backdrop of the area’s natural landscapes, creating a visual contrast that degrades overall scenic quality. This disparity can diminish the visual environment, compromising the area’s unique aesthetic character that is heavily cited and prioritized by the City’s 2040 General Plan (2022), the County’s General Plan (2009), and the UVAP (2011). While the County's General Plan cites a policy tool called amortization (Policy DE-88) to address the proliferation of billboards, no action has been taken by the County to implement such an approach. 1 Mendocino County E-Trackit Permit Search: https://etrakit.mendocinocounty.org/etrakit3/Search/permit.aspx; BU_2021-2759; Finaled Date: 9/21/2022 2 Mendocino County Code Chapter 20.184 – Sign Regulations; https://library.municode.com/ca/mendocino_county/codes/code_of_ordinances 3 The Impact of Road Advertising Signs on Driver Behaviour and Implications for Road Safety: A Critical Systematic Review; O. Oviedo-Trespalaciosa, Verity Truelovea, Barry Watsona, Jane A. Hintonb; Queensland University of Technology (QUT), Centre for Accident Research and Road Safety – Queensland (CARRS-Q), Institute of Health and Biomedical Innovation (IHBI), Attachment 1 Page 153 of 236 Additionally, it is unclear how amortization would reduce the number of off-site signs without significant monetary considerations due to existing State (Business and Professions Code) and Federal requirements. The City is aware that the Mendocino County Department of Planning and Building Services is utilizing state grants to work with a multi-disciplinary land use planning consultant to prepare revisions and amendments to the County’s Zoning Ordinance (Title 20, Division I, Inland Zoning Code) that incorporates considerations from the General Plan (2009), UVAP (2011) and the most-recent Housing Element Update (2019) to ensure regulatory consistency between its current and long-range planning efforts. To that end, the City of Ukiah encourages the County of Mendocino to amend Chapter 20.184 to restrict the installation of new off-site signage, prohibit the use of digital signage, and align off-site sign regulations with the requirements already conveyed by the Coastal Zone (Chapter 20.476) or the Town of Mendocino (Chapter 20.712) code sections. Using a shared approach ensures that off-site signage regulations are consistent across all three (3) unincorporated zoning divisions, providing clarity and transparency. Furthermore, the County is encouraged to continue working with City Staff to seek the removal of ‘Abandoned Signs’ and remedy other code-enforcement issues related to signage. While amortization policies may not be an effective solution at this stage, the County could consider an ‘Outdoor Advertising Tax’ like the City of Philadelphia. In Philadelphia, the ‘Outdoor Advertising Tax’ applies to the rental or purchase price of space used for outdoor advertising signs on any building, parcel, sign support structure, or newsstand. The renter of the advertising space pays a 7% tax on the purchase price that is paid to the outdoor advertising company. Given the number of off-site advertisements/billboards across Mendocino County, this could be a substantial source of unrealized revenue. Moving forward, the City of Ukiah urges the County of Mendocino to consider these concerns and suggestions to address the proliferation of billboards and off-site advertisements within unincorporated portions of the Ukiah Valley, recognizing the importance of preserving our shared scenic beauty and visual integrity. Thank you in advance for your review and consideration of this correspondence. Sincerely, Josefina Dueñas, Mayor City of Ukiah Enclosed: Enclosure 1 – Ukiah Valley Billboard Inventory CC: Glen McGourty (Mendocino County 1st District Supervisor); Mo Mulheren (Mendocino County 2nd District Supervisor); Craig Schlatter (City of Ukiah Community Development Director) Page 154 of 236 ENCLOSURE 1 # Roadway APN Zoning Date Established Relevant Code Sec�on, Status & Permits Required Image 1 NB US 101 186-020-01 AG-40 Pre-2008 Non-Conforming (Zoning) 2 NB US 102 186-020-02 AG-40 Pre-2008 Non-Conforming (Zoning) 3 NB US 103 184-210-08 AG-40 Pre-2012 Poten�al On-Site Sign Area – Viola�on (MCC 20.184.020(D) > 160 square feet 4 SB US 101 184-110-24 C2-6K Pre-2008 N/A Page 155 of 236 5 SB US 101 184-110-26 I2 Pre-2008 N/A 6 NB US 101 184-110-27 I2 Pre-2008 N/A 7 SB US 101 184-110-22 C2-6K Pre-2008 Poten�al CALTRANS VIP 8 NB US 101 184-070-16 I1 Pre-2008 N/A Page 156 of 236 9 SB US 101 184-070-15 C2-6K Pre-2008 N/A 10 Norgard Lane 184-063-11 I1 2024 (Approved Variance) Post-2012 Billboard; Proximity to residen�al units 11 SB US 101 001-360-29 I1 Pre-2008 Abandoned Sign 12 SB US 101 170-190-26 C2-6K 1/10/2018 Post-2012 Page 157 of 236 13 SB US 101 170-190-25 C2-6K 1/10/2018 Post-2012 14 NB US 101 170-050-13 C2-6K 8/9/2018 Post-2012 15 NB US 101 170-050-12 C2-6K Pre-2008 Poten�al On-Site Sign Area – Viola�on (MCC 20.184.020(D) > 160 square feet 16 SB US 101 169-212-06 I1 4/11/2018 Poten�al CALTRANS VIP; Post-2012 17 SB US 101 169-211-10 I1 Pre-2008 Abandoned Sign Page 158 of 236 18 NB US 101 169-211-20 C2-6K Pre-2008 N/A 19 NB US 101 169-211-20 C2-6K Pre-2008 N/A 20 NB US 101 169-200-06 C2-6K Pre-2008 N/A 21 NB US 101 169-200-08 C2-6K Pre-2008 Poten�al On-Site Sign Area – Viola�on (MCC 20.184.020(D) > 160 square feet 22 NB US 101 169-140-11 C2-6K Pre-2008 Poten�al On-Site Sign Area – Viola�on (MCC 20.184.020(D) > 160 square feet Page 159 of 236 23 NB US 101 169-072-11 I1 9/4/2020 Digital Signage (BU_2021-2759; 9/21/2022); Post-2012 24 SB US 101 169-111-02 AG-40 Pre-2008 Non-Conforming (Zoning) 25 NB US 101 169-072-14 I1 Pre-2008 MCC 20.184.010(C) – Off- Site Sign > 300 square feet 26 SB US 101 169-071-11 SR Pre-2008 Redundant Highway Signage; Non-Conforming Zoning; MCC 20.184.010(C) – Off-Site Sign > 300 square feet 27 NB US 101 169-050-32 I1 8/31/2016 Post-2012 Page 160 of 236 28 NB US 101 169-050-33 I1 Pre-2008 Poten�al On-Site Sign Area – Viola�on > 160 square feet 29 SB US 101 167-280-01 AG-40 Pre-2008 Poten�al On-Site Sign Area – Viola�on (MCC 20.184.020(D) > 160 square feet 30 NB US 101 167-260-11 I2 Pre-2012 N/A 31 NB US 101 167-230-21 SR Pre-2008 Non-Conforming (Zoning); Poten�al CALTRANS VIP Page 161 of 236 32 NB US 101 167-110-21 AG-40 Pre-2012 Non-Conforming (Zoning) 33 SB US 101 167-090-25 AG-40 Pre-2012 Non-Conforming (Zoning) 34 NB US 101 167-070-15 AG-40 Pre-2012 Non-Conforming (Zoning) 35 NB US 101 167-070-15 AG-40 Pre-2012 Non-Conforming (Zoning) Page 162 of 236 36 EB SR 20 165-210-08 AG-40 Pre-2012 Non-Conforming (Zoning) 37 WB SR 20 165-160-18 C2-6K 12/3/2019 Post-2012; Proximity to residen�al units 38 WB SR 20 165-160-19 C2-6K Pre-2012 Proximity to residen�al units 39 WB SR 222 180-060-06 I1 Pre-2008 Split Zone - Industrial & Agriculture Page 163 of 236 40 South State Street 180-130-24 C2-6K Pre-2008 Poten�al On-Site Sign Area – Viola�on (MCC 20.184.020(D) > 160 square feet 41 NB US 101 167-230-19 SR 12K 2019-2020 Non-Conforming (Zoning); Poten�al Viola�on MCC 20.184.040; Post-2012; Proximity to residen�al units 42 North State Street 170-150-14 I2 Pre-2008 N/A Page 164 of 236 Page 165 of 236 Page 166 of 236 Page 167 of 236 Page 3 of 13 ENCLOSURE 1 # Roadway APN Zoning Date Established Relevant Code Section, Status & Permits Required Image 1 NB US 101 186-020-01 AG-40 Pre-2008 Non-Conforming (Zoning) 2 NB US 102 186-020-02 AG-40 Pre-2008 Non-Conforming (Zoning) 3 NB US 103 184-210-08 AG-40 Pre-2012 Potential On-Site Sign Area – Violation (MCC 20.184.020(D) > 160 square feet 4 SB US 101 184-110-24 C2-6K Pre-2008 N/A Page 168 of 236 Page 4 of 13 5 SB US 101 184-110-26 I2 Pre-2008 N/A 6 NB US 101 184-110-27 I2 Pre-2008 N/A 7 SB US 101 184-110-22 C2-6K Pre-2008 Potential CALTRANS VIP 8 NB US 101 184-070-16 I1 Pre-2008 N/A Page 169 of 236 Page 5 of 13 9 SB US 101 184-070-15 C2-6K Pre-2008 N/A 10 Norgard Lane 184-063-11 I1 2024 (Approved Variance) Post-2012 Billboard; Proximity to residential units 11 SB US 101 001-360-29 I1 Pre-2008 Abandoned Sign Page 170 of 236 Page 6 of 13 12 SB US 101 170-190-26 C2-6K 1/10/2018 Post-2012 13 SB US 101 170-190-25 C2-6K 1/10/2018 Post-2012 14 NB US 101 170-050-13 C2-6K 8/9/2018 Post-2012 15 NB US 101 170-050-12 C2-6K Pre-2008 Potential On-Site Sign Area – Violation (MCC 20.184.020(D) > 160 square feet 16 SB US 101 169-212-06 I1 4/11/2018 Potential CALTRANS VIP; Post-2012 Page 171 of 236 Page 7 of 13 17 SB US 101 169-211-10 I1 Pre-2008 Abandoned Sign 18 NB US 101 169-211-20 C2-6K Pre-2008 N/A 19 NB US 101 169-211-20 C2-6K Pre-2008 N/A 20 NB US 101 169-200-06 C2-6K Pre-2008 N/A Page 172 of 236 Page 8 of 13 21 NB US 101 169-200-08 C2-6K Pre-2008 Potential On-Site Sign Area – Violation (MCC 20.184.020(D) > 160 square feet 22 NB US 101 169-140-11 C2-6K Pre-2008 Potential On-Site Sign Area Violation (MCC 20.184.020(D) > 160 square feet 23 NB US 101 169-072-11 I1 9/4/2020 Digital Signage (BU_2021-2759; 9/21/2022); Post-2012 24 SB US 101 169-111-02 AG-40 Pre-2008 Non-Conforming (Zoning) 25 NB US 101 169-072-14 I1 Pre-2008 MCC 20.184.010(C) – Off- Site Sign > 300 square feet Page 173 of 236 Page 9 of 13 26 SB US 101 169-071-11 SR Pre-2008 Redundant Highway Signage; Non-Conforming Zoning; MCC 20.184.010(C) – Off-Site Sign > 300 square feet 27 NB US 101 169-050-32 I1 8/31/2016 Post-2012 Page 174 of 236 Page 10 of 13 28 NB US 101 169-050-33 I1 Pre-2008 Potential On-Site Sign Area – Violation > 160 square feet 29 SB US 101 167-280-01 AG-40 Pre-2008 Potential On-Site Sign Area – Violation (MCC 20.184.020(D) > 160 square feet 30 NB US 101 167-260-11 I2 Pre-2012 N/A 31 NB US 101 167-230-21 SR Pre-2008 Non-Conforming (Zoning); Potential CALTRANS VIP Page 175 of 236 Page 11 of 13 32 NB US 101 167-110-21 AG-40 Pre-2012 Non-Conforming (Zoning) 33 SB US 101 167-090-25 AG-40 Pre-2012 Non-Conforming (Zoning) 34 NB US 101 167-070-15 AG-40 Pre-2012 Non-Conforming (Zoning) 35 NB US 101 167-070-15 AG-40 Pre-2012 Non-Conforming (Zoning) Page 176 of 236 Page 12 of 13 36 EB SR 20 165-210-08 AG-40 Pre-2012 Non-Conforming (Zoning) 37 WB SR 20 165-160-18 C2-6K 12/3/2019 Post-2012; Proximity to residential units 38 WB SR 20 165-160-19 C2-6K Pre-2012 Proximity to residential units 39 WB SR 222 180-060-06 I1 Pre-2008 Split Zone - Industrial & Agriculture Page 177 of 236 Page 13 of 13 40 South State Street 180-130-24 C2-6K Pre-2008 Potential On-Site Sign Area – Violation (MCC 20.184.020(D) > 160 square feet 41 NB US 101 167-230-19 SR 12K 2019-2020 Non-Conforming (Zoning); Potential Violation MCC 20.184.040; Post-2012; Proximity to residential units 42 North State Street 170-150-14 I2 Pre-2008 N/A Page 178 of 236 Page 1 of 2 Agenda Item No: 13.b. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-89 AGENDA SUMMARY REPORT SUBJECT: Consider Adoption of Resolution Approving a Citywide Policy Establishing Vehicle Miles Traveled (VMT) as the Standard of Measurement for Potential Vehicle Traffic Impacts and a Methodology for Evaluation of Future Projects Consistent with the California Environmental Quality Act (CEQA). DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. Resolution- SB 743 VMT Policy 2. Exhibit A- Tech Memoranda 1-4 Summary: Council will consider adoption of a resolution approving a citywide policy establishing vehicle miles traveled (VMT) as the standard of measurement for potential vehicle traffic impacts and a methodology for evaluation of future projects consistent with CEQA. Background: Since 2022, the City Council has taken a series of actions related to development of a citywide policy establishing vehicle miles traveled (VMT) as the standard of measurement for potential vehicle traffic impacts, including a methodology for evaluation of future projects consistent with CEQA. On October 5, 2022, as a component of the 2040 General Plan Update, Council approved a "baseline methodology" and thresholds proposed in two technical memoranda produced by the City's mobility subconsultant GHD. Because the threshold recommendations proposed were expected to be applicable to "99%" of new discretionary projects in the City, Council directed Staff to return with a scope of work and contract amendment with GHD to pursue a "100%" solution. Council approved the scope and contract amendment on November 2, 2022, and GHD spent the next approximately ten (10) months developing the refined methodology. GHD released a third technical memorandum on September 11, 2023, for "use by the City in establishing an interim ordinance for updating the City Council-approved SB 743 implementation policy to include assessments of the effects of multimodal networks." On November 1, 2023, Council approved an update to the SB 743 Implementation Policy (""Policy") as outlined within the third technical memorandum and also directed Staff to bring back an ordinance for implementation of the Policy. Discussion: Since receiving Council direction, Staff has been experimenting with the evaluation methodology, known as the "Smart Mix Tool," and discussing steps for implementation of the Policy with GHD. To further clarify the methodology, as well as outlining a step-by-step process for evaluation of future projects, GHD released a fourth technical memorandum on February 20, 2024. As noted within the technical memo, "This memorandum provides instructions for assessing project impacts using the City of Ukiah “Smart Mix tool” created by GHD." Staff also discussed with the City Attorney's Office the approach to implementation of the Policy, i.e. whether the Policy should be adopted as a resolution or as an ordinance. Due to the relative novelty of this law and that there have not yet been substantive legal cases or challenges to implementation of SB 743 policy or related CEQA thresholds of significance, Staff believes implementing the Policy through adoption of a resolution would provide the City with the most flexibility to make any future changes to the Policy, if needed, Page 179 of 236 Page 2 of 2 while still allowing for immediate implementation of the Policy. Adoption of a resolution implementing this Policy completes two implementation programs in the City's General Plan: 1. Mobility Element, Implementation Program D- Vehicle Miles Traveled Performance Measures: The City shall adopt criteria for assessing significant transportation impacts based on vehicle miles traveled (VMT) consistent with State CEQA Guidelines, incorporating best practices including guidance provided by the Governor’s Office of Planning & Research (OPR). 2. Mobility Element, Implementation Program E- VMT Modeling: The City shall develop a model for assessing VMT for new development consistent with new VMT performance measures. Implementation of this Policy also allows the City to progress towards fulfillment of General Plan Goal MOB- 2- To reduce vehicle miles traveled (VMT) to and from residences, jobs and commercial uses in Ukiah; and General Plan Policy MOB-2.1- Reduce vehicle miles traveled (VMT) to and from residences, jobs and commercial uses in Ukiah; and Environment and Sustainability Element, General Plan Goal ENV-8- To achieve carbon neutrality by or before the year 2045. Staff recommends Council adopt the Resolution in Attachment 1. If adopted, Technical Memoranda 1-4 would become "Exhibit A" (Attachment 2) to the Resolution. Recommended Action: Adopt resolution approving a citywide policy establishing vehicle miles traveled (VMT) as the standard of measurement for potential vehicle traffic impacts and a methodology for evaluation of future projects consistent with CEQA. 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: Darcy Vaughn, Assistant City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles. GENERAL PLAN ELEMENTS (GP):GP-A3 - Mobility Element, General Plan Goal MOB-2- To reduce vehicle miles traveled (VMT) to and from residences, jobs and commercial uses in Ukiah; and General Plan Policy MOB-2.1- Reduce vehicle miles traveled (VMT) to and from residences, jobs and commercial uses in Ukiah; and GP-A5 - Environment and Sustainability Element, General Plan Goal ENV-8- To achieve carbon neutrality by or before the year 2045. Page 180 of 236 Page 1 of 4  RESOLUTION NO. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, APPROVING A CITYWIDE POLICY ESTABLISHING VEHICLE MILES TRAVELED (VMT) AS THE STANDARD OF MEASUREMENT FOR POTENTIAL VEHICLE TRAFFIC IMPACTS AND A METHODOLOGY FOR EVALUATION OF FUTURE PROJECTS CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS: 1.The California Environmental Quality Act (CEQA) was enacted by the State of California in 1970 to ensure the long-term protection of the environment and requires public agencies to analyze and disclose the effects of their actions on the environment; and 2.The State of California as a whole, and City of Ukiah residents specifically, have experienced adverse environmental and economic effects associated with climate change, such as prolonged wildfire seasons and firestorms, and accompanying days-long power outages and related Public Safety Power Shutoff events; rising temperatures; mudslides; severe drought, property destruction; and damage to infrastructure; and 3.Marginalized communities including people of color, immigrants, indigenous communities, low-income people, those with disabilities, and the unhoused are disproportionately affected by climate change impacts and must be supported in the transition to a sustainable environment and economy; and 4.On June 15, 2022, the City Council adopted Resolution No. 2022-44, declaring a climate emergency and making a call to action to restore a safe climate; and 5.Public agencies in California have historically attempted to combat traffic congestion by relying on a metric known as “Level of Service” (LOS) standards. Developed in the post-war US specifically for highway travel, the LOS standard assesses the relationship between traffic speed, volume, and density, putting a priority on how well automobiles flow through a street network; and 6.The LOS standard fails to combat congestion in the long run because it considers all vehicles equall: a single person in a car is assessed as equivalent to 50 people in a bus, even though 50 people in a single vehicle contribute far less to congestion than 50 people in 50 vehicles. The convenience of a short term, free-flowing roadway only encourages more single-occupant automobiles; and 7.Policies such as use of the LOS standard that prioritize use of the single occupant automobiles result in expensive road improvements and encourage urban sprawl to the detriment of other mobility alternatives, such as walking, biking, and public transit; and 8.According to the California Air Resources Board (CARB), emphasis on prioritizing single- occupant automobile convenience has resulted in transportation becoming the leading source of Greenhouse Gas (GHG) pollution in California, of which passenger vehicles represent the largest single source of transportation GHG emissions in California; and 9.In 2013, the State of California Legislature passed, and Governor Brown signed, Senate Bill (SB) 743 (Steinberg). SB 743 helps reduce GHG emissions overall by promoting integrated land uses that facilitate transportation through many forms, such as bicycles, walking, public transit, and carpooling; and 10.In furtherance of its intent, SB 743 directs the Governor’s Office of Planning and Research (OPR) to produce CEQA guidance for cities to reduce automobile travel by replacing use of the LOS standard in the transportation analysis required under CEQA with a Vehicle Miles Traveled (VMT) standard, or another measure that “promote(s) greenhouse gas emissions reduction, development of multimodal transportation networks, and a diversity of land uses”; and ATTACHMENT 1 Page 181 of 236 Page 2 of 4    11. OPR develops CEQA Guidelines to interpret CEQA statutes and published court decisions, including several appendices to the CEQA Guidelines that contain forms and guidance for lead agencies for performing environmental review; and 12. Public agencies are encouraged to develop standards and procedures to implement CEQA Guidelines, such as replacing LOS in the transportation analysis under CEQA with VMT by adopting local CEQA thresholds of significance; and 13. Statewide implementation of the SB 743 requirements went into effect on July 1, 2020, pursuant to which California cities began implementing the new CEQA guidance on applicable projects; and 14. State law allows lead agencies to set VMT thresholds of significance based either on local or regional per capita averages; and 15. When a public agency develops a local threshold of significance, CEQA Guidelines require the threshold of significance be adopted through a public review process and supported by substantial evidence; and 16. General Plan Goal ENV-8 directs the City of Ukiah to “Achieve carbon neutrality by or before the year 2045”; and 17. General Plan Goal MOB-2 directs the City of Ukiah to “Reduce vehicle miles traveled (VMT) to and from residences, jobs and commercial uses in Ukiah”; and 18. General Plan Policy MOB-2.1 directs the City of Ukiah to “support development and transportation improvements that help reduce VMT below regional averages on a “residential per capita” and “per employee” basis; and 19. Adopting a VMT policy will facilitate General Plan goals and policies to reduce GHG emissions and bring the City of Ukiah’s transportation analysis methodology in line with State and City goals pursuant to SB 743 and the General Plan; and 20. CEQA Guidelines Section 15064.7(B) directs the City to adopt thresholds of significance based on substantial evidence by ordinance, resolution, rule or regulation through a public process; and 21. On behalf of the City, GHD prepared four Technical Memoranda providing supporting documentation for appropriate VMT Thresholds in the City of Ukiah; and 22. The GHD Technical Memoranda would require that the City follow the framework suggested by the Governor’s Office of Planning and Research (OPR) in its Technical Advisory on Evaluating Transportation Impacts in CEQA; and 23. On April 17, 2024, the City of Ukiah City Council considered the VMT policy, at which time all those in attendance were given the opportunity to speak on this proposed policy, and all comments were reviewed and considered. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: A. The City Council of the City of Ukiah accepts and adopts the Technical Memoranda prepared by GHD providing supporting documentation for appropriate VMT Thresholds in the City of Ukiah. The Technical Memoranda are incorporated into this Resolution as Exhibit A. B. The City Council of the City of Ukiah approves a SB 743 CEQA VMT Policy that shall read as follows: Section 1: CEQA Findings The VMT Policy is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065 (definition of a CEQA “project”), CEQA Guidelines Section 15064.7 (requirements for adopting thresholds of significance), CEQA Guidelines Section 15061(b)(3) (common sense exemption), CEQA Guidelines Section 15037 Actions by Regulatory Agencies for Protection of Natural Resources, and CEQA Guidelines Page 182 of 236 Page 3 of 4    Section 15308 Actions by Regulatory Agencies for Protection of the Environment. CEQA Guidelines Section 15307 and 15308 are applicable because the proposed VMT Policy will fulfill the City’s implementation of SB 743 which is intended to address climate change impacts that pose an immediate and growing threat to California’s economy, environment, and public health. Section 2: CEQA VMT Thresholds The VMT Threshold of Significance shall be 4% better than (below) the Countywide average. Unless exempt as described in this Policy, this VMT threshold standard shall apply to all General Plan amendments, long-range plans, discretionary development applications, and transportation projects. Section 3. CEQA Land Use VMT Screening Criteria Exemptions The following screening criteria shall exempt General Plan, long-range plans, and discretionary development applications from a VMT analysis: TYPE SCREENING CRITERIA 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 All residential projects Employment Uses 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 centers 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 square feet or less. Projects in Proximity to Major Transit Stops Projects within one-half (1/2) 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. Section 4. Amendments to CEQA Land Use VMT Screening Criteria Exemptions The VMT CEQA Screening Criteria Exemptions listed in Section 3 of this Policy are intended to identify most, but not all potential exemptions. Interpretation for General Plan, Long-range Plans, and Discretionary Development Applications: Interpretation of VMT exemptions for project types not specifically listed above shall be conducted by the Community Development Director or designee. Interpretation for City-initiated Transportation Projects: Interpretation of VMT exemptions for project types not specifically listed above shall be conducted by the Public Works Director or designee. Page 183 of 236 Page 4 of 4    PASSED AND ADOPTED, this 17th day of April, 2024, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Josefina Dueñas, Mayor ATTEST: __________________________ Kristine Lawler, City Clerk/CMC Page 184 of 236 EXHIBIT A TECHNICAL MEMORANDA: (1)September 15, 2022 (2)October 3, 2022 (3)September 11, 2023 (4)February 20, 2024 ATTACHMENT 2 Page 185 of 236 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. () Page 186 of 236 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: x Residential, measured in households x 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 x 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: x 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. x 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. x 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 187 of 236 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 188 of 236 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: x 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. x 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. x 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). x 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 189 of 236 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 190 of 236 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 191 of 236 11196303 7 Figure 1: Methodology Flowchart Key DivideAnalysis Areainto Hexagons Retail/Housing Households Retail Jobs NonͲRetail Jobsforeach Hexagon Aggregateto  Hex&6 Neighbors JobMixDiversity Compute Jobs/Housing Diversity Non HomeͲBased HomeͲBasedOther HomeͲBasedWork TripͲGenRateby LandUse Non HomeͲBased HomeͲBasedOther TotalHomeͲBased WorkTripsfor eachHex WeightedScore foreachHexagon 1 2 3 4 7 8 9Retail/Housing JobMix Diversity Jobs/Housing DiversityMap 5 Retail/Housing JobMixDiversity AbsoluteValues  ofJobs/Housing DiversitybyHex CombinedCityͲWide DiversityScore 6 10 GIS Task Computation DatafromResearch Output Page 192 of 236 0S [+ET 6SEH )E W X 4IVOMRW7XVIIX )E W X +S F F M 7 XV I I X 7 S Y X L 7 X E X I 7 X V I I X 7 S Y X L (SVE 7 X V I I X 8EPQEKI6SEH (I W TMRE (V MZ I 2 S V X L 7 X E X I 7XV I I X 2SV XL 1EM R 7 X V I I X 2 S V X L 7 G L S S P 7 X V I I X 1EW SR7 XVI I X 2SV XL 3 E O 7 X V I I X 2 S V X L ( S V E 7 X V I I X ;IWX1MPP7 X V I I X ;E P R Y X %Z I R Y I 7 S Y X L  1 E M R  7 X V I I X )QTMVI (VMZI 2S V X L 3 V G L E V H %Z IR YI % M V T S V X 4 E V O & S Y P I Z E V H 'SQQIVGI (VMZI 7 S Y X L  ( S V E  7 X V V I X ']TVIWW%ZIRY I 7 S Y X L 3 E O 7 X V I I X 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 3 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 492 493 494 Households HH HH 2 HH 3 HH 1 HH 26 HH 162 HH 230 HH 314 HH  427 428 Page 193 of 236 0S [+ET 6SEH )E W X 4IVOMRW7XVIIX )E W X +S F F M 7 XV I I X 7 S Y X L 7 X E X I 7 X V I I X 7 S Y X L (SVE 7 X V I I X 8EPQEKI6SEH (I W TMRE (V MZ I 2 S V X L 7 X E X I 7XV I I X 2SV XL 1EM R 7 X V I I X 2 S V X L 7 G L S S P 7 X V I I X 1EW SR7 XVI I X 2SV XL 3 E O 7 X V I I X 2 S V X L ( S V E 7 X V I I X ;IWX1MPP7 X V I I X ;E P R Y X %Z I R Y I 7 S Y X L  1 E M R  7 X V I I X )QTMVI (VMZI 2S V X L 3 V G L E V H %Z IR YI % M V T S V X 4 E V O & S Y P I Z E V H 'SQQIVGI (VMZI 7 S Y X L  ( S V E  7 X V V I X ']TVIWW%ZIRY I 7 S Y X L 3 E O 7 X V I I X 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 3 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 492 493 494 Retail Jobs Jobs Jobs Jobs 0 Jobs 8 Jobs 1 Jobs 3 Jobs 42 Jobs 232 Jobs  5 427 428 Page 194 of 236 0S [+ET 6SEH )E W X 4IVOMRW7XVIIX )E W X +S F F M 7 XV I I X 7 S Y X L 7 X E X I 7 X V I I X 7 S Y X L (SVE 7 X V I I X 8EPQEKI6SEH (I W TMRE (V MZ I 2 S V X L 7 X E X I 7XV I I X 2SV XL 1EM R 7 X V I I X 2 S V X L 7 G L S S P 7 X V I I X 1EW SR7 XVI I X 2SV XL 3 E O 7 X V I I X 2 S V X L ( S V E 7 X V I I X ;IWX1MPP7 X V I I X ;E P R Y X %Z I R Y I 7 S Y X L  1 E M R  7 X V I I X )QTMVI (VMZI 2S V X L 3 V G L E V H %Z IR YI % M V T S V X 4 E V O & S Y P I Z E V H 'SQQIVGI (VMZI 7 S Y X L  ( S V E  7 X V V I X ']TVIWW%ZIRY I 7 S Y X L 3 E O 7 X V I I X 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 3 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 492 493 494 Non-Retail Jobs Jobs 3 Jobs 5 Jobs 6 Jobs 6 Jobs 67 Jobs 291 Jobs 559 Jobs  427 428 Page 195 of 236 0S [+ET 6SEH )E W X 4IVOMRW7XVIIX )E W X +S F F M 7 XV I I X 7 S Y X L 7 X E X I 7 X V I I X 7 S Y X L (SVE 7 X V I I X 8EPQEKI6SEH (I W TMRE (V MZ I 2 S V X L 7 X E X I 7XV I I X 2SV XL 1EM R 7 X V I I X 2 S V X L 7 G L S S P 7 X V I I X 1EW SR7 XVI I X 2SV XL 3 E O 7 X V I I X 2 S V X L ( S V E 7 X V I I X ;IWX1MPP7 X V I I X ;E P R Y X %Z I R Y I 7 S Y X L  1 E M R  7 X V I I X )QTMVI (VMZI 2S V X L 3 V G L E V H %Z IR YI % M V T S V X 4 E V O & S Y P I Z E V H 'SQQIVGI (VMZI 7 S Y X L  ( S V E  7 X V V I X ']TVIWW%ZIRY I 7 S Y X L 3 E O 7 X V I I X 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 3 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 492 493 494 Total Trips trips 35 trips 331 trips 468 trips 740 trips 1,308 trips - 2,198 trips - 4,251 trips 6 658 trips  427 428 Page 196 of 236 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 32 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 494 g .90 - -0.80 - -0.70 - -0.60 050 0 - 0.09 0.10 - 0.19 0.20 - 0.29 0.30 - 0.39 0.40 - 0.49 0.50 - 0.59 Total Trips Trips 0 3,245 6,490 Annexation Areas City Limits Highway Roads  427 428 Page 197 of 236 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 32 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 494 ng Diversity 0.90 - -0.80 - -0.70 - -0.60 050 0 - 0.09 0.10 - 0.19 0.20 - 0.29 0.30 - 0.39 0.40 - 0.49 050 059 Total Trips Trips 0 3,245 Annexation Areas City Limits Highway Roads  427 428 Page 198 of 236 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 32 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 492 493 sity .9 - -0.80 - -0.70 - -0.60 050 0 - 0.09 0.10 - 0.19 0.20 - 0.29 0.30 - 0.39 0.40 - 0.49 050 059 Total Employment Jobs 0 1,340 Annexation Areas City Limits Highway Roads  427 428 Page 199 of 236 86 87 110 111 112 133 134 135 1 157 158 159 174 175 176 180 181 182 198 199 200 203 204 205 206 220 221 222 223 224 225 226 227 228 229 230 245 246 247 248 249 250 251 252 253 254 255 268 269 270 271 272 273 274 275 276 277 278 2 296 297 298 299 300 301 302 303 304 319 320 321 322 323 324 325 326 327 3 344 345 346 347 348 349 350 351 368 369 370 371 372 373 374 392 393 394 395 396 397 398 399 400 416 417 418 419 420 421 422 441 442 443 444 445 446 447 467 468 469 470 493 y 2 30 4 05 Total Trips Trips 0 3,245 Annexation Areas City Limits Highway Roads  427 428 Page 200 of 236 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 201 of 236 11196303 17 Figure 12 : Jobs/Retail Diversity for Hypothetical Project +2,000 +500 Existing Perfect Mix Page 202 of 236 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: x Comparison of the citywide land use diversity score with the regional rate for Mendocino County; x Screening threshold recommendations by type of project; and x 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 (2) Page 203 of 236 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 204 of 236 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 205 of 236 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 45044550 47374474773 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  09/19/2022Date -Revision No. 11196303Project No.CITY OF UKIAH GENERAL PLAN UPDATE 2040 +EX ZON((/2&$7,216Map 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 206 of 236 DR A F T This Technical Memorandum is provided to foster internal discussion in relation to technical matters associated with the subject and does not represent a final approved position on any matter. The Power of Commitment 11196303 1 Technical Memorandum 6HSWHPEHU, 202 To Craig Schlatter, City of Ukiah, GHD Contact No.+1 916 245-4226 Copy to Todd Tregenza, GHD; Colin Burgett, GHD Email Donald.hubbard@ghd.com From Don Hubbard, TE, AICP; Paige Peel, GHD Project No.11196303 Project Name City of Ukiah General Plan Update Subject VMT Option 2 Smart Growth Index: Expanding SB-743 Approach to Include Multimodal Networks 1. Introduction Building upon the methodology approved by the City of Ukiah’s City Council to establish a transportation impact framework consistent with SB 743 and current CEQA guidelines, this memorandum describes the proposed methodology for including an additional component to consider multimodal networks within the City. Limitations of the proposed methodology, and initial findings are presented herein. The methodology and guidance presented herein has been developed for use by the City in establishing an interim ordinance for updating the City Council-approved SB 743 implementation policy to include assessments of the effects of multimodal networks. 1.1 The VMT Problem Assembly Bill (AB) 32, or Global Warming Solutions Act of 2006, set the State of California’s first greenhouse gas emission (GHG) target which called on the state to reduce emissions to 1990 levels by 2020, and required the California Air Resources Board (CARB) to develop regulations and scoping plans to meet the state’s GHG reduction goals. In 2016, SB 32 expanded upon AB 32 and set the goal of achieving a 40 percent reduction in emissions from 2020 levels. The transportation sector has long been the single largest source of carbon pollution in the state. In 2020, the transportation sector accounted for 36.8% percent of the state’s GHG emissions. Of the emissions associated with the transportation sector, 69.3% is associated with single passenger vehicle use. Single passenger vehicle use alone is thus responsible for 25.5% of the State’s total emissions. An additional 8.8 percent of the State’s total emissions are associated with heavy vehicles, meaning that on-road vehicle use accounts for 34.3 percent of the State’s total GHG emissions.1 1 California Air Resources Board (2022). California Greenhouse Gas Emission Inventory - 2022 Edition. Data available at: https://ww3.arb.ca.gov/cc/inventory/data/data.htm (3) Page 207 of 236 DR A F T 11196303 2 1.2 SB 743 as a Response SB-743 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.” Previous research has shown that a neighborhood’s environment affects travel behavior and further research has quantified the effects of smart growth practices on travel behavior. 2 This was done as part of the Sacramento Area Council of Governments (SACOG) Blueprint Project – the ground-breaking 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. The methodology described in this memorandum is largely based on the research born of The Sacramento Blueprint Project, as well as methodologies for accessing multimodal network quality and connectivity and studies of key deterrents to active transportation use. 2. Methodology Design Parameters In setting out to design a tool to replace traditional travel demand modeling for SB-743 analysis, our team kept these key design parameters in mind: x The tool must be capable of analyzing and measuring the components of SB-743’s description of impact criteria, namely: “Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” (PRC§ 21099(b)(1)) x The tool should provide useful information beyond what can be obtained using a travel demand model alone. x The tool must be of practicable use in-house by agency staff with limited resources. So: o The tool should use data that is readily available. 2 Making Travel Models Sensitive to Smart Growth Characteristics, D. Hubbard and G. Walters, 2006. Page 208 of 236 DR A F T 11196303 3 o It should be possible to input the background data once (the initial set-up by consultants) and thereafter only need input data for the project being analyzed (by agency staff).3 o The tool should work on software already available to most planning and public works departments in California, rather than on specialized modeling software. o Run times should be relatively short—minutes rather than hours. o It should be easy to use; ideally staff can learn it in the course of a single afternoon. While input calculations are derived from a series of GIS-based analysis steps, the need for quantitative analysis on widely available software led to the decision to use a spreadsheet-based tool. The next section describes the characteristics of the tool developed and the associated methodology. 2.1 Analysis Steps The base methodology employed in this analysis 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 service 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. Note that Figure 1 is provided following Section 2.1, while the remaining figures referred to in this memorandum are provided at the end of the document. These steps are: Calculating Land Use Data 1) The study area, the city of Ukiah and its vicinity, were divided into 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: x Residential, measured in households. x 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. x 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. 3) GIS software was used to identify the 6 hexagons adjacent to every hexagon in the study area. Accounting for Biking Opportunities Bicycling is not currently a widely used mode in Ukiah 4. Nevertheless, it is useful to have it represented in the tool so that the effects of improved bicycle infrastructure can be evaluated. This may include projects done as mitigations for other projects that have significant VMT impacts. The effect of biking is to geographically extend 3 Background data may need to be periodically updated in the future, if the background data inputs become outdated based on local or regional residential or employment growth. This can be done in GIS at the parcel level and editing the input data, or by identifying the hexagon zones in which growth has occurred and applying a growth factor as appropriate. This may require assistance from a consultant, depending on the technical capacity and/or access to software of the involved City staff. 4 The American Community Survey found that only 0.7% of commute trips were made by bicycle. Page 209 of 236 DR A F T 11196303 4 a person’s ability to travel without driving. However, this is limited by the fact that only a fraction of people are willing to travel by bicycle, and they will only bike if the route is relatively safe and comfortable. To assess multimodal network quality and connectivity and identify the routes that are most likely to be perceived as safe and comfortable within the City of Ukiah, a Bicycle Level of Traffic Stress (LTS) was completed. The BLTS analysis completed as part of this proposed methodology employs the level of traffic stress methodology described in the Oregon Department of Transportation (ODOT) “Analysis Procedures Manual Version 2, Chapter 14, Multimodal Analysis,” (October 2020), which is based on based on the paper, Low Stress Bicycling and Network Connectivity, Report 11-19, published by the Mineta Transportation Institute (MTI) (May 2012). The LTS methodology as reported by ODOT’s latest Multimodal Analysis Procedure Manual includes updates to the methodology that was originally published by MTI. The updated methodology includes analysis criteria for new bicycle facility types that have become more popularly used since the original report was published and considers additional infrastructure types not analyzed under the original MTI methodological approach. The LTS methodology considers a variety of roadway infrastructure characteristics including but not limited to the following: number of travel lanes (i.e., road width), posted/prevailing speed, roadway functional classification or Average Daily Traffic (ADT), and degree of separation from the roadway. The LTS analysis was completed at the City-level for the existing and proposed bicycle networks, as well as the county-wide-level for comparison purposes and developing thresholds of significance. Using the results of the level of traffic stress analysis, the hexagons connected via the low-stress network (facilities scored as LTS 1 or 2) were identified for each source hexagon. These factors are incorporated into the next steps in the diversity indices methodology as described below: 4) The hexagons that any given hexagon’s land uses can interact with were extended to include non- adjacent hexes that are connected by a path along the low-stress network. For example, in Figure 5 shows that six non-adjacent hexagons are accessible from hex zone 9004 via the low-stress bicycle network. 5) The land uses in these additional hexagons were then added to the land uses interacting with the land uses in Hex 9004. However, the land uses in the low-stress neighbors were treated as less accessible than the land uses in the adjacent hexagons. A factor of 0.56 was applied to reduce the effect of non- adjacent homes and jobs. In other words, if there were 100 retail jobs in the low-stress neighboring hexes, they would be treated as equivalent to 56 jobs in a hexagon connected via the low-stress network. The 0.56 factor came from research 5 that found that: “A majority (56%) of the region’s population fit in the Interested but Concerned category – thought to be the key target market for increasing cycling for transportation. The analysis indicates that reducing traffic speeds and increasing separation between bicycles and motor vehicles, such as through cycle tracks, may increase levels of comfort and cycling rates.” Computing Diversity Indicators 6) The land uses in each hexagon are then combined with the land uses in the six adjacent hexes, and the land uses accessible through the low-stress bicycle network, to represent the diversity of land uses available within walking and biking distance to people in the hexagon. 7) The potential for interaction with complementary land uses was then estimated using three diversity indices, each representing a different type of transaction: x 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. 5 Four Types of Cyclists? Examining a Typology to Better Understand Bicycling Behavior and Potential, Dill and McNeil, 2012. Page 210 of 236 DR A F T 11196303 5 x 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. x 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 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 use 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. 8) 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 Citywide Score 9) 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. 10)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: Page 211 of 236 DR A F T 11196303 6 Table 1: Trip Generation Rates by Trip Purpose 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 11) 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. 12) The three individual scores for each hexagon are then combined into an individual score for each hexagon using the trip types as weighting. 13) 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. Computing Countywide Score Using the same methodological steps above, the existing countywide score was computed to compare against the existing citywide score to aid in establishing thresholds of significance. Page 212 of 236 DR A F T 11196303 7 Figure 1: Methodology Flowchart Key Divide Analysis Area into Hexagons Retail/Housing Households RetailJobs Non-Retail Jobs for each Hexagon Aggregate Land Uses in each Hexagon, its Adjacent Hexagons, and the Hexagons Accessible via the Low-Stress Bicycle Network JobMix Diversity Compute Jobs/Housing Diversity NonHome-Based Home-BasedOther Home -Based Work Trip-GenRate by Land Use NonHome-Based Home-BasedOther Total Home-Based Work Trips for each Hex Weightingfor each Hexagon 1 2 7 Retail/Housing JobMixDiversity Jobs/Housing Diversity Map Retail/Housing JobMix Diversity Absolute Values of Jobs/Housing Diversity by Hex CombinedCity-Wide Diversity Score 6 13 GIS Task Computation Data from Research Output Low-Stress Bicycle Network Identify Low- Stress Neighbors Identify Adjacent Hexagons Land Uses in Low-Stress Neighboring Hexes Land Uses in Adjacent Hexagons Bicycle Use Reduction Factor 34 5 8 9 10 11 12 Page 213 of 236 DR A F T 11196303 8 2.2 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. 2.3 Limitations of the Methodology As is the case with any tool, there are situations where the smart growth score is useful and other situations where it either cannot be used or where some other methodology might be better suited to the task. The main limitations to the tool are: x It can only be used to analyze land development projects. Transportation projects require a different analytical methodology. x It was designed for use in analyzing smaller jurisdictions that are not part of a large, contiguous urban area. In small, relatively isolated towns trips tend to be either long, to another jurisdiction, or short, within the jurisdiction. In such circumstances a focus on balancing land uses within the jurisdiction can reduce the longer trips by substituting local destinations in place of more distant ones. Moreover, the short distances within the jurisdiction create the potential for a significant percentage of trips to be made by non-auto modes. Conversely, a city that is part of a large contiguous urban area is likely to have a lot of medium-length trips that are not represented well in this tool. A conventional traffic model would work better in that case. x When considering bicycle improvements in this methodology, in order to see a significant effect on the smart growth score for a given hexagon or the jurisdiction’s overall score, proposed improvements must result high-quality, low-stress facilities that improve network connectivity. If there are few proposed improvements that address key high-stress barriers, there will be little effect when considering the multimodal network component in this methodology. x The smart growth score is not suitable for places with substantial fixed-route transit use, because transit is not represented in the tool. Fixed route transit plays such a minor role in the transportation networks of most small jurisdictions in California 6 that its inclusion is not worth the additional complexity it would entail. The dial-a-ride services that are sometimes available are analogous to auto trips and so are already represented in the model. 6 It does not show up at all in the Replica data for jurisdictions in Mendocino County. Page 214 of 236 DR A F T 11196303 9 3. Results 3.1 Citywide Level of Traffic Stress A Bicycle LTS analysis was completed for both the existing bicycling network in Ukiah, as well as the planned bicycling network as shown in the City’s 2015 Bicycle and Pedestrian Master Plan (BPMP). Proposed bicycle facilities recommended in 2015 BPMP included as part of the planned network in this analysis include Class I Multi-Use Paths, Class II Bike Lanes, Class II Buffered Bike Lanes, and traffic signalization. Class III Bike Routes do not have an effect on level of traffic stress and are analyzed the same as mixed traffic conditions. The LTS results were utilized to identify high-quality, low-stress routes within a 1.5-mile bicycling distance of a given source hex that a majority of the population would feel comfortable using 7. The hexagons that are connected via the low-stress network were added to the land use inputs, as described in Section 2.1. The land use interaction/diversity added by the additional hexes connected via the low-stress network is discussed in further detail in Section 3.2.2. This section describes the citywide LTS results and highlights an example of the low-stress neighbors added by the connectivity assessment. Figure 5 presents the existing LTS results for Ukiah’s bike network and highlights hex # 9004 as an example. The dark green hexes show the immediately adjacent neighbor hexes that are already considered in the existing diversity score. The light green hexagons show the 18 hexes beyond the immediately adjacent neighbor hexes that are accessible via the existing low-stress network within a 1.5-mile network distance of example hex 9004. While the existing network does provide some additional connectivity to the land use within a given source hex, improvements in bicycle infrastructure in the City of Ukiah would result in lower levels of traffic stress and higher degrees of connectivity. This would further improve the potential land use interaction between a source hex and another hex in the city with more diverse land use types. In turn, the additional connectivity would improve the land use diversity scores within that hex and, depending on the magnitude of new potential land use interactions, the city as a whole. As shown in Figure 5, various north/south corridors in the downtown area create a high-stress barrier that inhibits bicycle trips between the eastern and western portions of the town, including along State Street north and south of the recently completed Downtown Streetscape Improvements from Henry to Mill Streets, and South Dora Street, for example. While there are other possible low-stress connections, a bicyclist would be forced to take more circuitous and detoured routes if the lowest-stress paths are preferred, which could deter people from choosing to bike. The addition of a few more low stress bike facilities in both the north-south and east-west directions barrier may result in a significant increase in biking between the areas east of Main Street and the areas west of State Street by offering high quality, direct routes between key areas of the City. Figure 6 presents the LTS results for the planned bicycle network in Ukiah. Key improvements associated with additional low-stress bicycling routes include the Phase II extension of the Downtown Streetscape improvements along State Street, a buffered bicycle lane along Bush and Dora Streets, a Class I Path connecting Low Gap Rd and Bush Street, near Pomolita High School, and extensions of the Great Redwood Trail Class I Path segments to the northern and southern City limits. Using hex # 9004 as an example again, an additional 24 hexes are accessible via the low-stress network. 3.2 Smart Growth Scores The following sections discuss the components that make up the VMT Option 2 “Smart Growth Score” methodology proposed for SB 743 implementation in the City of Ukiah with the effect of the City’s low-stress bicycling network considered. The estimated distribution of existing land uses, as well as the results for diversity indices analyses of the existing condition and existing condition with low-stress neighbors are 7 Geller’s Four Types of Bicyclists research indicates that 56% of the population would be comfortable riding on facilities at LTS 1 and LTS 2. Page 215 of 236 DR A F T 11196303 10 presented herein. Additionally, the overall scores are reported for the City of Ukiah and Mendocino County as a whole. 3.2.1 Existing Diversity Scores Figure 7, Figure 8, and Figure 9 show the three diversity scores for existing land uses, before the low-stress neighbors are incorporated. These figures show several things: x Much of the city core scores quite well on jobs/housing diversity (see Figure 7). This indicates the success that Ukiah has achieved in enabling people to live and work in close proximity. x The edges of the city do not score as well on jobs/housing diversity (see Figure 7). However, this does not hurt the city’s overall score as much as Figure 7 might imply, because there are relatively few jobs and residences in those areas (see Figure 2, Figure 3, and Figure 4). x Figure 8 shows that, with the exception of the city core, retail and non-retail jobs tend to be concentrated in different parts of the city. This limits their potential for interaction that does not involve driving. This could be an opportunity area for the City to encourage a more balanced jobs mix in these locations. x 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 9). This has implications both for sales tax revenues (good) and VMT (bad). 3.2.2 Existing with Low-Stress Neighbors Diversity Scores Figure 10, Figure 11 and Figure 12 show the three diversity scores for existing land uses with the added effect of the neighbor hexes that are accessible via the City’s low-stress bicycling network. These figures highlight a few effects of considering low-stress bicycle network connectivity on the city’s land use diversity scores. x While much of the city core scored relatively well on jobs/housing diversity in the existing scenario, many hexagons show further improved scores in the City core, with even more hexagons moving toward the ideal score of 0. Further, the geographic extent of hexes scoring well on jobs/housing diversity is extended beyond the City core to cover much of the City (See Figure 10). x The furthest edges of the City still do not score as well on jobs/housing, however, again, there are relatively few jobs and residences in those areas (see Figure 2, Figure 3, and Figure 4). x Figure 11 shows that jobmix diversity has improved through the central city areas, with the most significant differences seen on the north and west sides of the City, where the most low-stress connections can be seen (see Figure 5). x The city remains over-retailed in relation to its population (see Figure 12), and there are still a few key hexes with high concentration of retail and trips (for example, hex 8887 and hex 8759). However, the retail/housing diversity scores have improved over much of the central City areas when the low-stress bike network is considered because the potential for land use interaction has increased fairly significantly with the added low-stress neighbor hexagons included in the diversity calculations. 3.2.3 Overall Diversity Scores In the previous methodology adopted by the City, city- and countywide overall scores were reported using this 0 to 1 scale, with 0 being the ideal score. However, in this memorandum, the overall diversity score results are converted to a 0 to 100 scale, with 100 being the optimal score, and reported as such in the tables below. The diversity indices results shown in the maps referred to in the previous section still use a -1 to 1 scale, with 0 being the ideal score, because this is needed to highlight which side of the spectrum a poor land use mix leans toward (more non-retail vs. retail, for example). Page 216 of 236 DR A F T 11196303 11 Table 2 present the citywide and countywide diversity scores by each diversity category, as well as the trip- weighted overall diversity. As shown, and discussed previously, the City scores best on jobs/housing diversity, with a score of 77.0, and worst on retail/housing with a score of 65.7. The total weighted score for the City is 70.1, while the Countywide average is 50.0, making the City of Ukiah 40.1 percent better than the county average. Table 2: Existing Diversity Scores Jurisdiction Diversity Scores Total Weighted Score % Better than County Average Jobs/ Housing Diversity Job Mix Diversity Retail/ Housing Diversity City of Ukiah 77.0 72.7 65.7 70.1 40.1% Countywide Average 57.6 54.5 44.8 50.0 0.0% Existing Plus Low-Stress Neighbors Diversity Scores (Existing Bike Network) Table 3 presents the city and countywide diversity scores with low-stress neighbors associated with the existing low-stress bike network considered. As shown, when the connectivity of the existing low-stress bike network is considered, the City’s total weighted score improves from 70.1 to 81.0, making the citywide score 61.7 percent better than the countywide average. Table 4 presents the city and countywide results when the low-stress neighbors associated with the existing and planned bike network is considered. As shown, the city’s overall score increases to 82.5, making the citywide score 64.6% better than the Countywide average when the connectivity associated with the existing and planned bike network is considered. If the City were to include additional low-stress bike facilities in the planned network, these results could improve even more significantly. Table 3: Existing Plus Low-Stress Neighbors Diversity Scores (Existing Bike Network) Jurisdiction Diversity Scores Total Weighted Score % Better than County Average Jobs/ Housing Diversity Job Mix Diversity Retail/ Housing Diversity City of Ukiah 82.9 82.8 79.2 81.0 61.7% Countywide Average 60.6 59.7 50.4 55.0 9.2% Table 4: Existing Plus Low-Stress Neighbors Diversity Scores (Planned Bike Network) Jurisdiction Diversity Scores Total Weighted Score % Better than County Average Jobs/ Housing Diversity Job Mix Diversity Retail/ Housing Diversity City of Ukiah 82.4 87.6 79.4 82.5 64.6% Countywide Average 60.5 61.3 50.5 55.4 9.9% Page 217 of 236 DR A F T 11196303 12 4. Additional Tool Developments Beyond expanding the methodology to include the multimodal network component, the user interface of the spreadsheet-based tool was improved for clarity and to allow the user to easily assess the effect of individual proposed projects. The latest version of the tool includes a dashboard component where the user can enter the hexagon to which a proposed project belongs along with the estimated number of households, and retail and non-retail employment. These inputs are connected to output tables on the dashboard that provide the citywide diversity scores by each category, as well as the total trip-weighted scores, and the % better than the Countywide average. These outputs are calculated for the existing and plus project conditions, both before and after the multimodal component is considered. Page 218 of 236 DR A F T 11196303 13 Figure 2: Distribution of Existing Households Page 219 of 236 DR A F T 11196303 14 Figure 3: Distribution of Existing Retail Jobs Page 220 of 236 DR A F T 11196303 15 Figure 4: Distribution of Existing Non-Retail Jobs Page 221 of 236 11196303 16 Figure 5: Existing Condition LTS and Connectivity Results [insert from workbook] Page 222 of 236 11196303 17 Figure 6: Planned Network LTS and Connectivity Results Page 223 of 236 DR A F T 11196303 18 Figure 7: Existing Jobs/Housing Diversity Page 224 of 236 DR A F T 11196303 19 Figure 8: Existing Job Mix Diversity Page 225 of 236 DR A F T 11196303 20 Figure 9: Existing Retail/Housing Diversity Page 226 of 236 DR A F T 11196303 21 Figure 10: Existing Plus Low-Stress Neighbors Jobs/Housing Diversity Page 227 of 236 DR A F T 11196303 22 Figure 11: Existing Plus Low-Stress Neighbors JobMix Diversity Page 228 of 236 DR A F T 11196303 23 Figure 12: Existing Plus Low-Stress Neighbors Retail/Housing Diversity Page 229 of 236 Technical Memorandum The Power of Commitment 11196303 1 February 20, 2024 To Craig Schlatter, City of Ukiah Contact No. +1 (707) 463-6219 Copy to Don Hubbard & Todd Tregenza, GHD Email cschlatter@cityofukiah.com From Colin Burgett & Paige Peel, GHD Project No. 11196303 Project Name City of Ukiah General Plan Update Subject Step-by-step Instructions for VMT Option 2 (Smart Mix tool) 1. Background This memorandum provides instructions for assessing project impacts using the City of Ukiah “Smart Mix tool” created by GHD. The “Smart Mix tool” has been provided to the City as an Excel spreadsheet file. 2. Impact Threshold Table 1 presents the existing city and countywide diversity scores with multi-modal characteristics included (as described in the October 2023 Council presentation. As shown, the citywide score of 81.0 is 57.9% better than the Countywide average of 55.0. Impacts would be considered less than significant if a project were to result in a diversity score of 56.8 or higher (therefore at least four percent better than the County average). Individual land use projects will be evaluated based on their effect on the Diversity score for the applicable project area (hex zone) that the proposed project is located in. Alternatively, citywide projects (such as General Plan updates or Specific Plans, etc.) may be evaluated based on whether or not the citywide score remains 56.8 or higher. Table 1: Existing Diversity Scores & Significance Threshold Jurisdiction Diversity Scores Total Weighted Score % Better than County Average Jobs/ Housing Diversity Job Mix Diversity Retail/ Housing Diversity City of Ukiah 82.9 82.8 79.2 81.0 57.9% Countywide Average 60.6 59.7 50.4 55.0 0.0% Significance Threshold 56.8 4.0% (4) Page 230 of 236 11196303 2 3.Instructions for Assessing Project Impacts using Smart Mix tool The user interface of the spreadsheet-based tool was updated to allow the user to easily assess the effect of individual proposed projects at both the zone and citywide level under “plus Project” conditions. Figure 1 provides a map of Ukiah hex zones (also shown within the spreadsheet on the tab titled “MAP OF UKIAH HEX ZONES”). The tool includes a sheet where the user can enter the zone to which a proposed project belongs along with the proposed number of households, and or anticipated retail and non-retail employment associated with commercial uses. These inputs are connected to output tables provide the resulting diversity scores at both the zonal and citywide level. These outputs are shown for the existing and plus project conditions. The spreadsheet tool includes a tab titled “Instructions” that provides the following instructions for assessing a development project using the tool: Prior to Step 1: Ensure workbook calculation is set to manual. Navigate to the Formulas tab in the Excel toolbar ribbon, then to Calculation sub-tab. Click the Calculation Options drop-down and ensure Manual is selected. Step 1: Enter Project In the STEP 1 - ENTER PROJECT tab: enter the project location based on the ID number of the applicable hexagon zone(s) the proposed project is associated with (see tab titled "MAP OF UKIAH HEX ZONES") in column B, and enter the proposed project land use inputs in columns C, D, and E for the associated the hexagon zone(s). To run the workbook calculations, either save the file, or navigate to Formulas tab in Excel toolbar ribbon (referred to in Step 1), then Calculation sub-tab, then click Calculate Now. Step 2: View Results In the STEP 2 - VIEW RESULTS BY ZONE tab: view the results for the applicable hexagon zone(s). Project impacts are considered LESS THAN SIGNIFICANT if the project area (hex zone) score under Existing plus Project conditions is 56.8 or higher. (Note: these results by zone are applicable to site-specific development projects. Citywide projects such as General Plan updates or Specific Plans may instead be assessed based on the City of Ukiah average under Existing plus Project conditions, which is shown on the STEP 1- ENTER PROJECT tab). Page 231 of 236 11196303 3 Figure 1: Hex Zone Map [insert from workbook] Page 232 of 236 Page 1 of 1 Agenda Item No: 14.a. MEETING DATE/TIME: 4/17/2024 ITEM NO: 2024-86 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 Dueñas and Various Councilmembers ATTACHMENTS: 1. 2024 City Council Special Assignments and Ad Hocs Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications. Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1. Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities. In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary. Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 233 of 236 2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD Civic Center 300 Seminary Ave. Ukiah, CA 95482 to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last Mile Broadband Orozco Jim Robbins, Grants Manager, 463-6708; jrobbins@cityofukiah.com Investment Oversight Committee Varies Civic Center 300 Seminary Ave. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 Reviews City investments, policies, and strategies Crane Orozco - Alternate Alan Carter, Treasurer Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Disaster Council Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee. Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482 467-5720 - Traci Boyl Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations. Orozco Duenas- Alternate Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Greater Ukiah Business & Tourism Alliance (GUPTA) 4th Monday of month, 10:0 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 Marianne Davison - Community Services Department Staff Duenas - Alternate Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m. Civic Center 300 Seminary Avenue conference room 5 IWPC Staff P.O. Box 1247 Ukiah, CA 95482 391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion Rodin Orozco - Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m.Alternating locations - Ukiah and Lakeport Governing Board Chair North Coast Opportunities 413 North State Street Ukiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201 jburgess@cityofukiah.com Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m. Board of Supervisors Chambers; 501 Low Gap Road Ukiah, CA County Executive Office 501 Low Gap Rd., Rm. 1010 Ukiah, CA 95482 463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin Crane Duenas- Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Duenas Vice Mayor Crane - Alternate Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Economic Development & Financing Corporation (EDFC) 2nd Thursday of month, 2:00 p.m. Primarily 631 S. Orchard Street (location varies) Executive Director 631 South Orchard Avenue Ukiah, CA 95482 467-5953 Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18) Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Library Advisory Board 3rd Wednesdays of alternate months; 1:00 p.m. Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Sher Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; klawler@cityofukiah.com Mendocino County 1st District Liaison Monthly; TBD Civic Center Annex conference room #5 411 W est Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the City's 1st District Supervisor Rodin Crane- Alternate Sage Sangiacomo, City Manager; 463-6221; ssangiacomo@cityofukiah.com Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m. Civic Center Annex conference room #5 411 W est 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 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 Duenas Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino County Airport Land Use Commission As needed BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m.Board of Supervisors Chambers Executive Director 200 S. School Street, Ste. 2 Ukiah, CA 95482 463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts Rodin Crane - Alternate for both city seat members on Commission Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Updated: 2/22/2024 ATTACHMENT 1 Page 234 of 236 2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST MENDOCINO COUNTY Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA) 3rd Thursday of every other month (varies), 10:00 a.m. Willits Council Chambers Solid Waste Director 3200 Taylor Drive Ukiah, CA 95482 468-9710 County-wide Solid Waste JPA Crane Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Transit Authority (MTA) Board of Directors Last Wednesday of month, 1:30 p.m. Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director 241 Plant Road Ukiah, CA 95482 462-1422 County-wide bus transportation issues and funding Sher Duenas - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Youth Project JPA Board of Directors 3rd Wednesday of month, 7:45 a.m.776 S. State Street Conference Room Mendocino Co. Youth Project 776 S. State Street, Ste. 107 Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police Chief Duenas - Alternate Cedric Crook, Police Chief; 463-6771; ccrook@cityofukiah.com Russian River Flood Control District (RRFCD) Liaison 1st Monday of month, 5:30 p.m. 151 Laws Ave.,Suite D Ukiah, CA 151 Laws Ave., Ukiah, CA 95482; rrfc@pacific.net; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Ukiah Players Theater Board of Directors 3rd Tuesday of month, 6:00 p.m 1041 Low Gap Rd Ukiah, CA 95482 462-1210 1041 Low Gap Rd Ukiah, CA 95482 462-1210 To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager (appointed 12/19/18) Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Duenas Rodin - Alternate Sage Sangiacomo, City Manager Cedric Crook, Police Chief Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd Thursdays, 10:30 a.m.Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Rodin Duenas - Alternate Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Duenas Orozco - Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com Russian River Watershed Association (RRWA) 4th Thursday of month, 9:00 a.m. (only 5 times a year) Windsor Town Hall Russian River Watershed Association 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Northern California Power Agency (NCPA) - Commission 4th Thursday of month, 9:00 a.m. (see NCPA calendar) Roseville, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4202 Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support. Crane - Commissioner Sher - City Council Alternate Sauers - Alternate and Commissioner in absence of Commissioner Crane Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4299 Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project. Sauers – Project Participate Appointee Cindy Sauers, Electric Utility Director, 463-6286, csauers@cityofukiah.com Transmission Agency of Northern California (TANC) 4th Wednesday of month, 10 a.m.35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225 Folsom, CA 95630 916-852-1673; info@tanc.us Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements. Crane Sauers - Alternate Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Fire Executive Committee 2nd Tue, every other month beginning in January; 5:00 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Civic Center 300 Seminary Ave. Ukiah, CA 95482 sabba@cityofukiah.com Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA City of Ukiah ATTN: City Clerk 300 Seminary Ave. Ukiah, CA 95482 Oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Kristine Lawler, City Clerk; 463-6217, klawler@cityofukiah.com Water Executive Committee (Ukiah Valley Water Authority) 1st Tue of each month at 6:00 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA City of Ukiah ATTN: Sean White 300 Seminary Ave. Ukiah, CA 95482 Oversight of UVWA; set annual budget for the combined water system; Manage rates and collect levies; modify existing water rights for the provision of water service; mediation and dispute resolution; Crane/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Updated: 2/22/2024 Page 235 of 236 COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer ; 463- 6280 teriksen@cityofukiah.com Advance Planning & Policy for Sphere of Influence (SOI), Municipal Service Review (MSR), Annexation, Tax Sharing, Detachment, and Out of Area Service Agreements Crane/Rodin Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com UVSD/ City Relations Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing Crane/Orozco Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463-5712 swhite@cityofukiah.com Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer ; 463- 6280 teriksen@cityofukiah.com Complete Streets Rodin/Crane Tim Eriksen, Public Works Director/City Engineer ; 463- 6280 teriksen@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com Special Districts (Water District Consolidation)Orozco/Crane Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463-6284 jbenson@cityofukiah.com Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Climate Action Plan Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community Development Director and the Climate Action Plan Working Group related to other outreach efforts during the development of the draft municipal Climate Action Plan related to the 2040 General Plan Sher/Duenas Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Zoning Reform (previously was the Community Development Fee Review ad hoc) function is to explore creation of a new ministerial zoning permit and identify additional zoning streamlining and reform efforts to provide better and more consistent development outcomes Crane/Orozco Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Community Health Needs Assessment (CHNA) Steering Committee assist in the creation of the 2025 CHNA Report for the communities served by the three Adventist Health hospitals in Mendocino County. providing insight, identifying, gathering and analyzing the health needs of our community. Additionally Rodin/Sher Jeremy Malin, NP Director of Community Health Analytics Adventist Health Howard Memorial Adventist Health Ukiah Valley Adventist Health Mendocino Coast 978-289-3330; malinjr@ah.org 2024 AD HOC COMMITTEES Updated: 2/22/2024 Page 236 of 236