Ukiah Waste Solutions, Inc.
Rate Comparison
Jurisdiction 20 Gal 32 Gal 64 Gal 96 Gal 2 Yard 3 Yard 4 Yard 6 Yard City of Ukiah Current 2021 $19.97 $21.74 $51.36 $72.36 $242.27 $363.37 $484.49 $726.75 City of Clearlake $20.46 $24.29 $42.55 $60.77 $291.58 $402.57 $534.86 $805.12 City of Ukiah Rate - Proposed $21.65 $24.39 $55.67 $78.44 $281.84 $411.92 $542.00 $787.80 South Lake Refuse $22.28 $24.40 $48.80 $73.20 $332.38 N/A $664.76 $997.14 Lake County $21.89 $25.11 $50.23 $75.35 $337.36 $506.04 $674.73 $1,012.09 City of Healdsburg $19.67 $26.12 $37.54 $50.99 $420.80 $578.10 $721.30 $921.87 City of Lakeport $17.77 $26.24 N/A $77.18 $359.28 $447.75 N/A N/A City of Cloverdale $20.24 $27.90 $44.06 $57.13 $265.85 $330.35 $390.23 $565.21 City of Willits $16.21 $28.65 $61.77 $77.68 $333.98 $462.05 $579.00 $892.83 Town of Windsor $22.01 $29.26 $45.75 $70.25 $385.03 $549.41 $657.39 $816.84 County of Mendocino Inland WM $26.80 $29.64 $59.41 $89.12 $359.25 $415.03 $491.74 $678.53 County of Mendocino Coastal WM $26.94 $30.09 $60.28 $90.32 $357.41 $434.23 $560.35 N/A City of Santa Rosa $31.24 $35.02 $50.43 $76.38 $464.09 $569.99 $714.56 $971.76 Brooktrails $30.54 $38.04 $58.12 $74.69 $326.42 N/A N/A N/A City of Fort Bragg $24.45 $38.95 $77.91 $116.89 $389.42 $456.98 $712.04 N/A County of Mendocino North SWOW $40.88 $49.93 $68.02 $81.92 $423.86 $542.68 $698.76 $990.84 County of Mendocino South Coast SWOW $41.86 $50.87 $70.80 $85.25 $474.19 $707.75 $1,082.13 $1,408.20 Median (excludes Ukiah) $22.28 $29.26 $54.28 $76.38 $359.25 $462.05 $664.76 $921.87 UWS RATE 2022 vs All Areas 2021
Carts Bins
Attachment 3
City of Ukiah
NOTICE OF PUBLIC HEARING ON PROPOSED SOLID WASTE COLLECTION AND DISPOSAL SERVICE
RATE SCHEDULE ADJUSTMENTS
(Please share this information with tenants)
Hearing Date & Time: March 16, 2022 at 6:15 p.m. or as soon thereafter as the matter may be heard Hearing Location: City of Ukiah, Council Chambers
300 Seminary Avenue, Ukiah, CA 95482
The City of Ukiah City Council (“City”) will conduct a public hearing on March 16, 2022, on proposed increases in the monthly solid waste collection and disposal (solid waste) rates applicable to all parcels in the City of Ukiah, including the parcel for which you are shown as the property owner of record based on the County of Mendocino 2021-22 Secured Tax Roll, and/or at which you are shown as the customer billed for solid waste service. If adopted, the rate increases will be reflected on utility bills dated on or after April 1, 2022, and for bills issued on or after January 1, 2023, 2024, 2025, and 2026.
This Notice of Public Hearing provides information regarding the proposed rate adjustment to the City’s solid waste collection and disposal service customers pursuant to the requirements of California Constitution Article XIII D Section 6 (commonly referred to as Proposition 218). The proposed rate adjustments will be presented to the City Council for consideration and possible adoption on March 16, 2022, commencing at 6:15 p.m. in the Council Chambers located at 300 Seminary Avenue. This notice also provides information on how rates are calculated, the reasons for the proposed rate adjustments, how customers can receive more information on the effect of the proposed rate adjustments on their solid waste collection and disposal service, and how to file a protest against the proposed rate adjustments. At the public hearing, the City Council will consider all written protests against the proposed fee or charge, and all other comments submitted in writing prior to the hearing or expressed during the hearing.
The Amount of the Fee Imposed on Each Parcel:
The proposed rates, as of March 16, 2022, are outlined in the Schedule A below. During the next four years, including January 2023, January 2024, January 2025, and January 2026 the rates may increase or decrease based on the following changes to indexes and pass-through costs: (1) the percentage change in the Consumer Price Index, “Water and Sewer and Trash Collection Services” (“CPI”) over the previous year June over June, (2) the percentage change, June over June of the previous year, in the Energy Information Administration Petroleum & Other Liquids index over the base year ending June 30, 2021, (3) any changes to the gate fee at the Ukiah Transfer Station, (4) any changes to costs paid by the franchisee to process recyclables, and (5) changes in regulatory fees, all in accordance with the Contract for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish and Recycling of Recyclable Materials from within the City of Ukiah (“Waste Collection Contract”) between the City and Ukiah Waste Solutions, Inc., a private company. After the January 2022 [?] rate increase, the rates will automatically increase or decrease each year in accordance with the Waste Collection Contract, which will be available for inspection at the Civic Center.
The Reason for and Basis Upon Which the Fee Increase was Calculated:
Ukiah Waste Solutions (UWS), the City’s franchised solid waste collector, has requested rate increases pursuant to Section 6.5 of the Waste Collection Contract based on cost increases and revenue decreases which are solely the result of extraordinary circumstances beyond the control of UWS that it could not have been reasonably anticipated and which unavoidably adversely affect its opportunity to operate at a reasonable profit. The rate increases identified in Schedule A were calculated after considering the franchisee’s rate request, studying the reviewed financial statements and carefully evaluating the changes in costs to meet regulatory requirements, the recycling market, transportation, and other operating costs of Ukiah Waste Solutions for the year ending December 31, 2020. Further detail on how these rates were calculated is available on the City’s website at http://www.cityofukiah.com/utility-services/
Submit a Written Protest: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482 An owner or tenant of property receiving solid waste service from the City may protest the proposed solid waste collection and disposal rates by submitting a written protest by mail or in person to the City Clerk. Notices must be mailed to City Clerk, City of Ukiah, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482 or delivered in person to the Utility Billing and Customer Service counter at the Civic Center. Written protests must be received (not postmarked) by the City Clerk before or during the public hearing. Any protest submitted by e-mail or other electronic means will not be accepted. To be valid, protests must be signed by the property owner or tenant and must identify the property by street address or Mendocino County Assessor’s Parcel Number of the property receiving solid waste service. Only one written protest per identified parcel or property will be counted for purposes of determining whether there is a majority protest. In accordance with California Constitution, Article 13D, Section 6(a)(2), if, by the close of the public hearing, written protests against the proposed solid waste collection and disposal rates are filed by a majority of the affected property owners, the City Council will not approve the proposed solid waste rates. The City reserves the right to verify whether any person filing a protest is an owner or a renter legally obligated to pay the fee. To assist with this verification, the City requests inclusion of the applicable utility account number on the protest.
ATTACHMENT 4
Notice of Public Hearing – Solid Waste Collection and Disposal Service Rate (continued) 2 The following schedule indicates the existing and proposed monthly solid waste service rates for residential service to each parcel in the City of Ukiah, beginning April 1, 2022:
SCHEDULE A
Effective April 1, 2022
Current Proposed Total
2021 Rate Monthly
Service Level Rate 2022 Adjustment
Curbside Service
No Service Minimum Charge $ 10.00 $ 10.36 $ 0.36
20 gallon can rate $ 19.97 $ 21.65 $ 1.68
32 gallon can rate $ 21.74 $ 24.39 $ 2.65
68 gallon can rate $ 51.36 $ 55.67 $ 4.31
95 gallon can rate $ 72.36 $ 78.44 $ 6.08
Other combinations - rate per gallon $ 0.85 $ 0.92 $ 0.07 1 yard bin rate $ 153.76 $ 173.44 $ 19.68
1.5 yard bin rate $ 181.68 $ 216.80 $ 35.12
2 yard bin rate $ 242.27 $ 281.84 $ 39.57
3 yard bin rate $ 363.37 $ 411.92 $ 48.55
4 yard bin rate $ 484.49 $ 542.00 $ 57.51
6 yard bin rate $ 726.75 $ 787.80 $ 61.05
Packout Service
20 gallon can rate $ 25.07 $ 27.18 $ 2.11
32 gallon can rate $ 28.46 $ 31.93 $ 3.47
68 gallon can rate $ 66.86 $ 72.48 $ 5.62
95 gallon can rate $ 96.58 $ 104.69 $ 8.11
Other combinations - rate per gallon $ 1.03 $ 1.12 $ 0.09 Remote Area Service
Add to the Packout Service rate. $ 9.49 $ 10.29 $ 0.80
Commercial / Multi-Family Service
20 gallon can rate $ 20.73 $ 22.47 $ 1.74
32 gallon can rate $ 24.12 $ 27.06 $ 2.94
68 gallon can rate $ 57.02 $ 61.81 $ 4.79
95 gallon can rate $ 80.35 $ 87.10 $ 6.75
1 yard bin rate $ 153.76 $ 173.44 $ 19.68
1.5 yard bin rate $ 181.68 $ 216.80 $ 35.12
2 yard bin rate $ 242.27 $ 281.84 $ 39.57
3 yard bin rate $ 363.37 $ 411.92 $ 48.55
4 yard bin rate $ 484.49 $ 542.00 $ 57.51
6 yard bin rate $ 726.75 $ 787.80 $ 61.05
SUMMARY OF RATE ADJUSTMENT FOR STANDARD SERVICES
In areas with limited access, an additional fee is charged to fund the costs of special equipment and special handling necessary to provide garbage pickup services. This fee is in addition to the "Packout Service" fee listed in this schedule.
ATTACHMENT
5
Agenda Item No: 12.b.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1428
AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction, by Title Only, of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.
DEPARTMENT: Community
Development PREPARED BY: Darcy Vaughn, Assistant City Attorney, Jesse Davis, Planning Manager PRESENTER: Jesse Davis, Planning Manager and Darcy
Vaughn, Assistant City Attorney
ATTACHMENTS:
1. Ordinance No. 1187 Shopping Cart Containment and Retrieval
2. Ordinance No. 1191 Amending Shopping Cart Containment and Retrieval Ordinance
3. Shopping Cart Ordinance Amendment REDLINE
4. Shopping Cart Ordinance Amendment CLEAN
Summary: The City Council will consider introducing, by title only, the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.
Background: On April 4, 2018, the Ukiah City Council adopted Ordinance No. 1187 (Attachment 1), 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 (Attachment 2). Within the City of Ukiah, there are 23 identified entities that utilize shopping carts as a component of their business, and that are subject to the City’s Shopping Cart regulations.
The associated shopping cart regulations became effective May 4, 2018. As of January 1, 2019, 14 businesses (70%) were in compliance with shopping cart plan requirements. The remaining businesses were referred to the City Attorney's Office for code enforcement or associated legal proceedings. In general, the Ordinance appeared initially 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 the Community Development Department (CDD), Public Works Department (PWD), and City Attorney's Office.
As of September 21, 2021, only 7 businesses were fully compliant with the City of Ukiah’s Shopping Cart Policy. As additional shopping cart purveyors were identified, the compliance rate dropped to 30%. Staff had also seen an uptick in the number of carts stored by PWD, indicating that cart retrieval and abandonment was again becoming an issue. Based on current records, it is difficult to determine the pace at which abandoned carts were accumulating, but the total stored by Public Works increased to 143 abandoned carts as of July 21, 2021.
During development of the original Ordinance, it was believed that the required biennial renewal process would be relatively straightforward and involve little effort by Staff or the affected businesses. In 2020, Staff approached renewal efforts from this standpoint, sending courtesy letters to each business and making at least one 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 CDD Staff and the City Attorney's Office. Given the current number of abandoned shopping carts accumulated at that time, it was
unclear if these renewal efforts were effective. While there are reasons specific to each business, a review of past correspondence indicates the difficulty of implementing store-specific policies due to regional or national brand requirements, lack of managerial authority to implement policy changes, and turnover in staff. Recent efforts to engage businesses to address abandoned carts or ineffective plans have been summarily ignored.
Upon receiving the required annual update at their regular meeting on October 6, 2021, the City Council directed Staff to return with a revised ordinance to improve the efficiency and effectiveness of the shopping cart containment program.
Discussion: While multiple City Departments are engaged in efforts to address abandoned shopping carts, ambiguity related to compliance, enforcement, and penalties has made it difficult to establish an effective and coordinated effort to achieve the primary goal of the policy, which is to limit the number of shopping carts removed from storefronts and public spaces. Many of the provisions of the 2018 ordinance were based upon input from the business community and expected intergovernmental programming between the City and the County. Unfortunately, shared policies were never adopted, thereby increasing the City's administrative burden and allowing for a lack of coordinated enforcement of cart purveyors within the Ukiah Valley. Much like pollution or traffic, abandoned shopping carts do not recognize municipal boundaries or jurisdictions.
Since 2018, staff has observed the following with regard to abandoned shopping carts:
Collecting and storing carts within the City of Ukiah Corporation Yard (adjacent to the Ukiah Municipal Airport) has created significant operational burdens for Public Works staff. It has also exacerbated the administrative burden on Community Development staff, who are tasked with reviewing, approving and renewing cart retention programs for shopping cart purveyors, but with few responses or engagement on the topic.
In general, the necessity of tagging carts with the date of collection and organizing them within the Corporation Yard for efficient return has proven to be unworkable, as carts are collected in miscellaneous groups which would require additional sorting and inventory management for which no staff are tasked or identified.
Prior to the COVID-19 pandemic (COVID), the retrieval of abandoned carts by businesses was sporadic and infrequent. For many, it is logistically infeasible to collect carts since businesses have neither the personnel nor equipment to collect and transport abandoned carts back to their source.
Even for the retailers that did collect carts, which was uncommon, their returned carts were often destroyed due to the cost of cleaning or repair. (Notably, the installation of a perimeter lock system increases the cost of individual cart repair.)
During COVID, the rate of retrieval by retailers dropped precipitously. Whether this was due to staffing constraints, corporate policy, or cleaning requirements, the number of abandoned carts accumulating within the Corporation Yard was exacerbated and complicated by the pandemic. Increasingly, the enforcement of the existing abandoned shopping cart ordinance has created an undue burden on City resources, including both personnel costs and physical space for the storage of impounded carts that are seldom reclaimed by businesses, or that require substantial noncompensated scheduling to arrange for pickup.
While the 2018 shopping cart ordinance was crafted with a great deal of deference to the business community, its effectiveness has waned, especially during the pandemic. The proposed revisions to the ordinance (Attachment 3) recognize the current reality and seek to lower the administrative burden on staff and increase the ability to remove abandoned carts from our community spaces by:
Allowing City staff to collect and immediately 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. This eliminates the problems associated with the need to tag, store, and crush carts. It also ensures that the number of accumulated carts cannot grow to an unmanageable level within the Corporation Yard. A similar policy was codified recently by the City of Eureka. Notably, the
County of Mendocino Code Enforcement Division maintains a comparable approach to abandoned cart disposal.
Eliminating the need for retailers to develop retention plans that require review and approval by the City, but for which no fee or staff reimbursement has been identified. Instead, the revised ordinance would rely heavily on the monetary disincentive of fees and fines, which the City can set at a later date.
In Staff's opinion, these changes will streamline the City’s ability to remove abandoned carts from public areas and place the burden of paying for this service on the source agents where the carts originate. The City will no longer be in the position of policing retailers' cart retention efforts, tagging and storing carts, sending notices and coordinating retrievals and will instead spend our limited staffing directly addressing the blight of abandoned carts in the most efficient way possible. A redlined version of the proposed Ordinance is included herein as Attachment 3, and a clean version as Attachment 4.
Recommended Action: Introduce by title only, the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.
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: Public Works Department; City Attorney
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1 ORDINANCE NO. 1187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 8 TO CHAPTER 2, DIVISION 2 AND ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH
CITY CODE TO REGULATE SHOPPING CART CONTAINMENT AND RETRIEVAL 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:
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.
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.
Attachment 1
2381 Definitions.
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.
Shopping cart plan means a document submitted to the City by the business owner, under Ukiah City Code Section 2384.C.
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 submit a shopping cart plan or request for exemption in conformance with Ukiah City Code Section 2384.B;
3. Fail to comply with an approved shopping cart plan; or
4. 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.
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.
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1 2383 Shopping cart identification signs.
The business owner shall have a sign permanently affixed to each cart in a prominent location.
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 Shopping cart plan.
A. General requirement. Each owner of a business shall submit to the Administrator, obtain approval from the Administrator, and effectively implement a shopping cart plan in accordance with this Article.
B. Exemptions. A business owner is exempt from this Article, for two years at a time, if the owner submits an exemption request and meets all of the following requirements:
1. The business has effective restraints that prohibit any carts from exiting the premises or from operating off the premises. Examples of such effective restraints include but are not limited to: poles attached to carts to keep them from passing a certain point; electronic wheel locks on all carts which prevent wheels from rolling past the perimeter of the premises; physical constraints such as bollards; and continuous use of courtesy clerks to accompany customers and return the carts to the store.
2. The business secures all shopping carts during the hours the business is closed by storing carts inside or locking them outside.
C. Contents of the shopping cart plan. The shopping cart plan shall include all of the following elements:
1. Name, address and telephone number of the business, the business owner and the name and telephone number of the on- site manager.
2. The number of on- site shopping carts, and a description of how the business owner intends to comply with the requirements for sign identification on carts.
3. Public notices. A description of a customer education process by which the business owner will inform customers that the removal or off-site possession or abandonment of carts is a violation of state law and this Article. This information may include business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in -
store announcements, or other means demonstrated to be effective. Public notice to customers shall include signage permanently affixed to each shopping cart that that identifies the owner of the cart or the retailer, or both, as set forth in Business & Professions Code Section 22435. 1 and Section 2383 of this Code.
4. Employee training. A description of an annual ( or more frequent) employee training program to educate existing and new employees about the shopping cart plan.
5. Loss prevention. A description of the measures that the business owner will implement to prevent the removal of shopping carts from the premises. These measures may include any of those listed in subsection B of this section or use of security personnel to prevent removal, security deposit for use of a cart, or other measures demonstrated to be effective.
6. Cart retrieval. A plan for mandatory retrieval of off-site shopping carts on at least a weekly basis, and within three business days of notice from the City under Ukiah City Code Section 2385.A. The Administrator may require retrieval on a more frequent time schedule based on the number of off-site carts from the business requiring retrieval. Cart retrieval may be done by the business owner, business employees or agents, or a cart retrieval service contracted for by the business owner or by a combination of owners. A business owner is not required to retrieve an off-site cart in someone' s possession and containing personal property of the person.
7. Implementation: The plan shall describe the measures the owner intends to take to prevent the removal of shopping carts from the premises, to retrieve off-site shopping carts on at least a weekly basis, and to modify these measures should they result in circumstances that would justify revocation of the plan as set forth in Subsection G of this Section.
D. Administrator review. Within 30 days after a shopping cart plan is submitted, the Administrator shall render a decision to approve or deny the plan, or to request additional information. If a plan is rejected as incomplete or inadequate, or if additional information is needed, the Administrator shall notify the owner in writing. The owner has 30 days from the date such notification is given to submit the additional information or a complete or adequate plan, as the case may be.
The Administrator may deny a plan on any of the following grounds:
1. The plan fails to include the information required under this Article or fails to adequately address the required elements.
2. The plan fails to meet the standards contained in Subdivision C. 5 to prevent removal of carts.
3. Implementation of the plan violates this Article, or a local, state or federal law.
4. The owner knowingly makes a false statement in or omits material facts from the plan, or any amendment.
E. Plan modification. The owner may submit a plan modification of any previously approved
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1 shopping cart plan to address changed circumstances or to modify ineffective provisions. The Administrator shall review and consider the modification in the same manner set forth in Subsection D of this Section.
F. Biennial renewal. Every two years a business owner may renew an exemption or a previously approved shopping cart plan, without modification, if no more than six of the owner's shopping carts have been found off-site within the previous three months. The owner shall submit a written application for renewal by July 1st, together with the owner's statement that no more than six of the business' s shopping carts have been found off-site within the previous three months.
G. Denial or revocation. The Administrator may revoke a plan approved under Subsection D of this Section, deny a renewal under Subsection F of this Section, or revoke an exemption granted under Subsection B of this Section if:
1. A shopping cart has been found on public property on seven or more occasions within the prior three-month period;
2. The owner has failed to comply with a provision of this Article;
3. The owner has knowingly made a false statement or failed to disclose material information in an application, an amendment or a report required or provided under this Article.
2385 Enforcement.
A. Retrieval. Whenever the Administrator notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three business days.
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 or a provision of the owner's approved shopping cart plan;
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. Revocation of an exemption under Ukiah City Code Section 2384. B.
2. The requirement for a stricter shopping cart plan.
3. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2, 22435.3 or 22435. 13 or Section 6098 of this Code.
4. Imposition of a fine not exceeding ( 1) one hundred dollars ($ 100. 00) for a first violation, 2) two hundred dollars ($ 200.00) for a second violation within the same year, and ( 3) five hundred dollars ($ 500. 00) for each additional violation within the same year.
5. 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 procedures contained in the Ukiah City Code.
6. 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.
7. Proceedings for revocation of a use 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. Article 11, entitled " Shopping Carts" is added to Chapter 1, Division 7 of the Ukiah City Code and shall read as follows.
ARTICLE 11. SHOPPING CARTS
Sections:
6096 Unauthorized removal, alteration, or possession of a shopping cart. 6097 Definitions.
6098 Penalty for Violation.
6096 Unauthorized removal, alteration, or possession of a shopping cart.
It is unlawful and a public nuisance for any person to:
A. Remove a shopping cart from the business premises where it belongs; or B. Possess or abandon an off-site shopping cart; or
C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a cart. 6097 Definitions.
All terms in this Article shall have the meaning stated in Section 2381 of this Code. 6098 Penalty for Violation.
In addition to the penalty prescribed in Business and Professions Code Section 22435. 3 or any amendment thereof, a violation of this Article is a misdemeanor, subject to a fine not exceeding five hundred dollars ($ 500.00) or imprisonment in the County jail for a period not exceeding
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1 three ( 3) months, or by both such fine and imprisonment.
SECTION FOUR.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty ( 30) days after its adoption.
Introduced by title only on March 21, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble NOES: None
ABSENT: None
ABSTAIN: None
Adopted on April 4, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, and Vice Mayor Mulheren NOES: None
ABSENT: Mayor Doble
ABSTAIN: None
f
Maure- n Mulheren, Vic Mayor
ATTEST:
11/ 1_ 5.1)1A -e (*. 6t ( Z-•
Kristine Lawler, City Clerk
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1 ORDINANCE NO. 1191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE ENFORCEMENT OF SHOPPING CART CONTAINMENT AND RETRIEVAL ORDINANCE.
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. Article 11, entitled " Shopping Carts" in Chapter 1, Division 7 of the Ukiah City Code shall be amended to read as follows.
ARTICLE 11. SHOPPING CARTS
Sections:
6096 Unauthorized removal. alteration, or possession of a shopping cart. 6097 Definitions.
6098 Penalty for Violation.
6096 Unauthorized removal, alteration, or possession of a shopping cart.
It is unlawful and a public nuisance for any person to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign in compliance with Section 2383 of this Code:
A. Remove a shopping cart from the business premises where it belongs. with the intent to temporarily or permanently deprive the business owner or business of possession of the cart: or B. Possess or abandon an off-site shopping cart, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart; or C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a cart. with the intent to temporarily or permanently deprive the business owner or business of possession of the cart. 6097 Definitions.
All terms in this Article shall have the meaning stated in Section 2381 of this Code. 6098 Penalty for Violation.
Any person who knowingly or willfully violates any provision of this Article is guilty of a misdemeanor.
SECTION FOUR.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs. sentences, clauses or phrases of 1 Attachment 2
this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on November 7, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble NOES: None
ABSENT: None
ABSTAIN: None
Adopted on December 5, 2018, by the following roll call vote:
AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren NOES: None
ABSENT: None
ABSTAIN: None
1\(
Maureen Mulheren, Mayor
ATTEST:
tVb ' ( iv
Kristine Lawler, City Clerk
2 1
1 ORDINANCE NO. ______
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:
2 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 offsite shopping cart. §2381 Definitions.
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.
Shopping cart plan means a document submitted to the City by the business owner, under Ukiah City Code Section 2384.C.
§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 submit a shopping cart plan or request for exemption in conformance with Ukiah City Code Section 2384.Bretrieve shopping carts within three (3) business days of notice from the Administrator, the Director of Public Works, or their designee;
3. Fail to comply with an approved shopping cart plan; or
43. 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.
3 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.
The Each business owner that furnishes carts for use shall have a sign permanently affixed to each cart in a prominent location.
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 Shopping cart plan.
A. General requirement. Each owner of a business shall submit to the Administrator, obtain approval from the Administrator, and effectively implement a shopping cart plan in accordance with this Article.
B. Exemptions. A business owner is exempt from this Article, for two years at a time, if the owner submits an exemption request and meets all of the following requirements:
1. The business has effective restraints that prohibit any carts from exiting the premises or from operating off the premises. Examples of such effective restraints include but are not limited to: poles attached to carts to keep them from passing a
4 certain point; electronic wheel locks on all carts which prevent wheels from rolling past the perimeter of the premises; physical constraints such as bollards; and continuous use of courtesy clerks to accompany customers and return the carts to the store.
2. The business secures all shopping carts during the hours the business is closed by storing carts inside or locking them outside.
C. Contents of the shopping cart plan. The shopping cart plan shall include all of the following elements:
1. Name, address and telephone number of the business, the business owner and the name and telephone number of the on-site manager.
2. The number of on-site shopping carts, and a description of how the business owner intends to comply with the requirements for sign identification on carts.
3. Public notices. A description of a customer education process by which the business owner will inform customers that the removal or off-site possession or abandonment of carts is a violation of state law and this Article. This information may include business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in-store announcements, or other means demonstrated to be effective.
Public notice to customers shall include signage permanently affixed to each shopping cart that that identifies the owner of the cart or the retailer, or both, as set forth in Business & Professions Code Section 22435.1 and Section 2383 of this Code.
4. Employee training. A description of an annual (or more frequent) employee training program to educate existing and new employees about the shopping cart plan.
5. Loss prevention. A description of the measures that the business owner will implement to prevent the removal of shopping carts from the premises. These measures may include any of those listed in subsection B of this section or use of security personnel to prevent removal, security deposit for use of a cart, or other measures demonstrated to be effective.
6. Cart retrieval. A plan for mandatory retrieval of off-site shopping carts on at least a weekly basis, and within three business days of notice from the City under Ukiah City Code Section 2385.A. The Administrator may require retrieval on a more frequent time schedule based on the number of off-site carts from the business requiring retrieval. Cart retrieval may be done by the business owner, business employees or agents, or a cart retrieval service contracted for by the business owner or by a combination of owners. A business owner is not required to retrieve an off-site cart in someone’s possession and containing personal property of the person.
7. Implementation: The plan shall describe the measures the owner intends to take to prevent the removal of shopping carts from the premises, to retrieve off-site shopping carts on at least a weekly basis, and to modify these measures should they
5 result in circumstances that would justify revocation of the plan as set forth in Subsection G of this Section.
D. Administrator review. Within 30 days after a shopping cart plan is submitted, the Administrator shall render a decision to approve or deny the plan, or to request additional information. If a plan is rejected as incomplete or inadequate, or if additional information is needed, the Administrator shall notify the owner in writing. The owner has 30 days from the date such notification is given to submit the additional information or a complete or adequate plan, as the case may be.
The Administrator may deny a plan on any of the following grounds:
1. The plan fails to include the information required under this Article or fails to adequately address the required elements.
2. The plan fails to meet the standards contained in Subdivision C.5 to prevent removal of carts.
3. Implementation of the plan violates this Article, or a local, state or federal law.
4. The owner knowingly makes a false statement in or omits material facts from the plan, or any amendment.
E. Plan modification. The owner may submit a plan modification of any previously approved shopping cart plan to address changed circumstances or to modify ineffective provisions. The Administrator shall review and consider the modification in the same manner set forth in Subsection D of this Section.
F. Biennial renewal. Every two years a business owner may renew an exemption or a previously approved shopping cart plan, without modification, if no more than six of the owner’s shopping carts have been found off-site within the previous three months. The owner shall submit a written application for renewal by July 1st, together with the owner’s statement that no more than six of the business’s shopping carts have been found off-site within the previous three months.
G. Denial or revocation. The Administrator may revoke a plan approved under Subsection D of this Section, deny a renewal under Subsection F of this Section, or revoke an exemption granted under Subsection B of this Section if:
1. A shopping cart has been found on public property on seven or more occasions within the prior three-month period;
2. The owner has failed to comply with a provision of this Article;
6 3. The owner has knowingly made a false statement or failed to disclose material information in an application, an amendment or a report required or provided under this Article.
§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. Fees 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. §23852387 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.
B. Violations.
7 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 or a provision of the owner’s approved shopping cart plan;
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. Revocation of an exemption under Ukiah City Code Section 2384.B.
2. The requirement for a stricter shopping cart plan.
13. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2, or 22435.3 or 22435.13 or Section 6098 of this Code.
42. Imposition of a fine not exceeding (1) one hundred thousand dollars ($1000.00) for a first violation, (2) two hundred thousand dollars ($2000.00) for a second violation within the same year, and (3) five hundredten thousand dollars ($10,0500.00) for each additional violation within the same year.
53. 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 procedures penalties contained in the Ukiah City Code.
64. 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.
75. Proceedings Failure to pay a fine imposed pursuant to this Subsection within thirty (30) days may result in proceedings for revocation of a use 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.
8 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 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 ___________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on ___________, 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Jim O. Brown, Mayor
ATTEST:
9 __________________
Kristine Lawler, City Clerk
1 ORDINANCE NO. ______
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:
2 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 offsite shopping cart. §2381 Definitions.
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:
3 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.
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.
4 §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. Fees 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.
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.
5 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 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 ___________, 2022, by the following roll call vote:
AYES:
NOES:
6 ABSENT:
ABSTAIN:
Adopted on ___________, 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Jim O. Brown, Mayor
ATTEST:
__________________
Kristine Lawler, City Clerk
Agenda Item No: 13.a.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1471
AGENDA SUMMARY REPORT
SUBJECT: Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be Performed by Mead and Hunt for the Amount of $36,500 DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen, Airport Manager
ATTACHMENTS:
1. Ukiah Runway Study
Summary: The City Council will consider authorizing the City Manager to execute the Ukiah Airport Runway Extension Study Agreement, to be performed by Mead and Hunt for the amount of $36,500.
Background: In November 2020, the Ukiah City Council approved a recommendation to the Mendocino Airport Land Use Commission (ALUC) that the Public Draft Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), dated July 2020, would provide for a future 5,000-foot runway to accommodate operations by CalFire Lockheed C-130 fire attack aircraft. At its meeting on November 19, 2020, the Mendocino County ALUC directed ALUC staff and Mead & Hunt to revise the draft UKIALUCP as recommended by the Ukiah City Council. At the May 20, 2021, Council meeting, Council adopted the new ALUC that included the future runway protection zones.
Discussion: Staff with the direction of Council has asked Mead & Hunt, Inc.(Consultant) to determine the feasibility of extending Ukiah Municipal Airport’s (Airport) Runway 15/33 to a total length of 5,000 feet; this would require an extension of 577 feet. This study is funded by the Airport with no participation from the FAA.
This study will not include an aviation activity forecasting element. The study will assume that the Airport will remain as an FAA category B-II airport with approach visibility minimums as low as 1-¼ mile (Runway 15) and visual (Runway 33).
The study (Attachment 1, Ukiah Runway Study) will perform a geometric exercise for the physical configuration of a 5,000’x75’ runway. The following will be analyzed / considered:
a. Analyze how the runway could fit on existing property, including required FAA safety areas and standards.
b. If existing property is inadequate, the study will look at what areas of land would need to be acquired. c. Analysis will result in up to five alternative configurations. d. Consultants will develop one 11x17 graphic for up to five alternative configurations.
The fee for the services described in this scope is $36,500, to be billed monthly on a percent complete basis.
Recommended Action: Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be performed by Mead and Hunt for the amount of $36,500 BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 77725200.52100: $25,065
PROPOSED BUDGET AMOUNT: 77725200.52100: $61,565
FINANCING SOURCE: Airport Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager
City of Ukiah – Ukiah Municipal Airport
Runway Extension Exploratory Study
Scope of Services
February 3, 2022
OVERVIEW
The City of Ukiah (City) is interested in an Exploratory Study (Study) and has asked Mead & Hunt, Inc. (Consultant) to determine the feasibility of extending Ukiah Municipal Airport’s (Airport) Runway 15/33 to a total length of 5,000 feet; this would require an extension of 577 feet. This study is funded by the City of Ukiah with no participation from the FAA. This Study will not include an aviation activity forecasting element.
The Study will assume that the Airport will remain as a FAA category B-II airport with approach visibility minimums as low as 1-¼ mile (Runway 15) and visual (Runway 33).
SCOPE OF SERVICES
The services to be provided by the Consultant to the City for this Study consists of the following tasks and work efforts:
Task 1. Project Administration
Consultant will provide general administration during the Study. A Project Manager will be assigned to this project to monitor production continuity during the work described in this scope. The Project Manager’s responsibilities include the following:
a. Define tasks, schedules, and costs.
b. Monitor work progress and address issues that may arise. c. Maintain up-to-date schedules.
d. Coordinate with the City to receive their input; address their concerns; keep them informed regarding Project status; obtain their concurrence on Project scope, cost, and schedule; and obtain their input and approval of concepts and final analysis for the Study. e. Prepare invoices to submit to the City in accordance with the CITY’s standard invoice requirements.
Task 2. Geometrics
Consultant will perform a geometric exercise for the physical configuration of a 5,000’x75’ runway. The following will be analyzed / considered:
a. Task 2 will analyze how the runway could fit on existing property including required FAA safety areas and standards.
b. If existing property is inadequate, the Study will look at what areas of land would need to be acquired.
c. Analysis will result in up to five alternative configurations. d. Consultant will develop one 11x17 graphic for up to five alternative configurations.
Ukiah Municipal Airport Runway Extension Study
Scope of Services
February 2022
X:\2112200\REF\Marketing\Ukiah Runway Study Final.docx
Task 3. Airspace Study
Consultant will conduct an airspace study for the alternatives developed in Task 2. The airspace study will be limited to using obstruction/object data already obtained and included in the January 2016 FAA approved ALP set.
Task 4. Revision of alternatives.
Consultant will revise up to five of the original alternatives to reflect client comments after Meeting #2 (see MEETINGS section)
Task 5. Cost Estimates
A rough order of magnitude cost estimates will be developed for up to five alternatives that are deemed viable after Tasks 2, 3, and 4 are complete. These will be prepared using available information and will not constitute an engineer’s opinion of probable cost. No field work, such as geotechnical survey, will be performed. Estimates will include the following:
a. Area of demolition
b. New pavement section
c. Revised paint markings
d. Revised electrical systems
i. MIRL
ii. MITL
iii. REILS
iv. PAPI
v. Threshold lights
Task 6. Environmental Documentation
Environmental considerations will be documented using publicly available information. This will not be an environmental document to CEQA or NEPA standards but rather a way to gauge alternative viability and community impact. Environmental considerations will be evaluated based on available data, such as previous studies prepared by the client and readily available data from agency websites. No field survey will be performed.
Task 7. Matrix of Alternatives
A summary matrix will be prepared to document each alternative (up to five) and its respective viability in terms of geometry, airspace impacts, property impacts, cost estimates, and environmental concern. A summary memo will accompany the matrix.
MEETINGS
Mead & Hunt representatives (PM Planner(s) and PM Engineer(s), will attend each of the following meetings, which will all be in person at the Airport or City offices:
Meeting #1 - Kickoff
Meeting #2 - Review of alternatives (preliminary geometric and airspace review) Meeting #3 - Review of alternatives with costs and environmental factors Meeting #4 - Final meeting/presentation and project close out
Ukiah Municipal Airport Runway Extension Study
Scope of Services
February 2022
X:\2112200\REF\Marketing\Ukiah Runway Study Final.docx
COMPENSATION FOR SERVICES
The fee for the services described in this scope is a lump sum amount of Thirty-Six Thousand Five Hundred Dollars ($36,500) to be billed monthly on a percent complete basis.
End of Scope of Services
Prepared and submitted by:
MEAD & HUNT, Inc.
Corbett Smith, CM
Senior Aviation Planner
Agenda Item No: 13.b.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1472
AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction, by Title Only, of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance.
DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:
1. Proposed MWELO Ordinance
Summary: Council will consider introducing, by title only, an ordinance adopting the California Model Water Efficient Landscape Ordinance.
Background: Staff is bringing this item forward to secure compliance with the State of California’s Model Water Efficient Landscape Ordinance (MWELO). The MWELO is a state regulation, enacted in 1993 as part of the 1990 Water Conservation and Landscaping Act that is designed to prevent water from being wasted on landscape irrigation, as nearly half of the water directed to urban areas is used on irrigated landscapes. Additional information about MWELO, including a link to the Model Ordinance under MWELO References titled "2015 Updated Chapter
2.7: Model Water Efficient Landscape Ordinance," can be found on the following website:
https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Model-Water-EfficientLandscape-Ordinance.
The MWELO is also referenced by Title 24, Part 11 of CalGreen Building Code. Applying to residential, commercial, industrial, and institutional projects requiring a permit, plan check, or design review, MWELO directs Land Use Authorities (cities and counties) to ensure MWELO compliance on development projects with landscaped areas of 500 square feet or more or rehabilitation of existing landscape areas greater than 2,500 square feet.
California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened MWELO for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping. AB 1881 required the State Department of Water Resources to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010.
Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) mandated the Department of Water Resources prepare an update to the state's MWELO, which the California Water Commission adopted on July 15, 2015.
Discussion: Although Staff has implemented MWELO requirements since the codification of MWELO in Title 24, part 11 of CalGreen Building Standards, full compliance with MWELO requires the City adopt a local WELO. The City has not previously adopted such an ordinance. Once the MWELO is adopted, full compliance also requires the City submit annual reports to the Department of Water Resources (DWR) regarding MWELO implementation updates. Staff intends to immediately submit annual reports to DWR if the Ordinance is adopted by Council.
Staff recommends Council introduce, by title only, the Ordinance in Attachment 1, which would add Article 6 to Chapter 1, Division 3 of Ukiah City Code. Once adopted, the City will be in compliance with MWELO state regulations.
Recommended Action: Introduce, by title only, an ordinance adopting the California Model Water Efficient Landscape Ordinance.
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: Craig Schlatter, Community Development Director
ORDINANCE NO. 2022-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 6 TO CHAPTER 1, DIVISION 3 TO ADOPT THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. California’s ongoing drought has emphasized the necessity for increased conservation in use of water.
2. California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened a model water efficient landscape ordinance (“MWELO”) for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping.
3. AB 1881 required the State Department of Water Resources (“Department”) to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010.
4. The City implemented the MWELO by default and did not expressly adopt it in 2010.
5. Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15), mandated the Department prepare an update to the state’s MWELO, which the California Water Commission adopted on July 15, 2015.
6. All cities and counties are required to either adopt the updated MWELO or adopt their own water efficient landscape ordinance which is at least as stringent and effective in conserving water as the MWELO.
7. The City has determined adopting the updated MWELO, as may be amended, will benefit the City and provide clarity to applicants for City entitlements SECTION TWO.
Article 6 is hereby added to Division 3, Chapter 1, of the Ukiah City Code and shall read as follows:
ARTICLE 6 MODEL WATER EFFICIENT LANDSCAPE ORDINANCE ADOPTION §3065 ADOPTION OF MODEL WATER EFFICIENT LANDSCAPE ORDINANCE Except as amended or modified by other provisions of this Division, the City Council hereby adopts by reference and makes effective within the City, the Model Water Efficient Landscape Ordinance, Attachment 1
Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations, which may be referred to in this Code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended from time to time.
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on _________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on _______, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim O. Brown, Mayor
ATTEST:
Kristine Lawler, CMC/City Clerk
Agenda Item No: 13.c.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1473
AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction, by Title Only, of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems.
DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official; Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:
1. EV Submittal Checklist
2. Proposed Electric Vehicle Charging System Permit Ordinance Summary: Council will consider possibly introducing, by title only, an ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems.
Background: In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017.
AB 1236 amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process on or before September 30, 2017. The ordinance is to include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.
This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Government Code Section 65850.7 requires that a city's checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “ZeroEmission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research.
AB 1236 also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.
Discussion: The Building Division of the Community Development Department has been implementing the requirements of AB 1236 since it went into effect in 2015, including the development and use of an objective
checklist (Attachment 1). However, the Ordinance and its requirements were never adopted by the City.
Staff recommends that Council introduce, by title only, the proposed Ordinance in Attachment 2 adding Chapter 3 to Division 3 of Ukiah City Code setting forth procedures for expediting permit processing for electric vehicle charging systems.
Recommended Action: Introduce, by title only, an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems.
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: Craig Schlatter, Community Development Director
ELECTRIC VEHICLES SERVICE EQUIPMENT (EVSE) CHECKLIST
Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.
Upon this checklist being deemed complete, a permit shall be issued to the applicant. However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.
This checklist substantially follows the “Plug‐In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.
Job Address: Permit No.
☐ Single‐Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (Multi‐Businesses) ☐ Mixed‐Use ☐ Public Right‐of‐Way
Location and Number of EVSE to be Installed:
Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____ Description of Work:
BUILDING DIVISION
Phone: (707) 467-5786
Schedule Inspections: (707) 463-6739
Email: [email protected]
Website: www.cityofukiah.com/building-services/
All EVSE equipment must be inspected to verify code compliance, method of installation, and site placement.
Attachment 1
Applicant Name:
Applicant Phone & email:
Contractor Name: License Number & Type:
Contractor Phone & email:
Owner Name:
Owner Phone & email:
EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V) Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE: ___________________________ Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________ System Voltage:
☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C. (or verify with Inspector in field)
Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
Connected Load of Existing Panel Supplying EVSE = __________ Amps Calculated Load of Existing Panel Supplying EVSE = __________ Amps Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps (Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single‐Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
For Single‐Family: Size of Existing Service Conductors = # __________ AWG or kcmil - or ‐ : Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or kcmil (or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life‐safety verifications may require further substantiation of information.
Signature of Permit Applicant: ____________________ Date: _______________
ORDINANCE NO. 2022-__XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING FORTH
PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE
CHARGING SYSTEMS
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. The State of California and the City of Ukiah has consistently promoted and encouraged the use of fuel-efficient electric vehicles.
2. The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems.
3. Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels..
SECTION TWO.
Chapter 3 is hereby added to Division 3 of the Ukiah City Code and shall read as follows:
CHAPTER 3
ELECTRIC VEHICLE CHARGING SYSTEMS
§3090 PURPOSE
The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is intended to comply with California Government Code Section 65850.7.
§3091 DEFINITIONS
A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable Attachment 2
impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the permit application was deemed complete.
C. “Electronic submittal” means the utilization of one or more of the following:
1. Electronic mail or email.
2. The internet.
3. Facsimile.
§3092 EXPEDITED PERMITTING PROCESS
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “PlugIn Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s checklist shall be published on the City’s website. §3093 PERMIT APPLICATION PROCESSING
A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
§3094 TECHNICAL REVIEW
A. It is the intent of this Chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit.
B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
§3095 ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on , 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim O. Brown, Mayor
ATTEST:
Kristine Lawler, CMC/City Clerk
Agenda Item No: 13.d.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1414
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 Manager /
Admin PREPARED BY:
PRESENTER:
ATTACHMENTS:
1. 2022 City Council Special Assignments - 2-23-22
Summary:
Background:
Discussion:
Recommended Action:
BUDGET AMENDMENT REQUIRED:
CURRENT BUDGET AMOUNT:
PROPOSED BUDGET AMOUNT:
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH:
2022 CITY COUNCIL SPECIAL ASSIGNMENTS
COUNTY/REGIONAL
OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Disaster Council
Shall meet a minimum
of once a year at a
time and place
designated upon call of
the chair
Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee.
Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.
OrozcoDuenas- Alternate
Tami Bartolomei, Office of Emergency Management Coordinator; 467-5765 [email protected] Greater Ukiah Business & Tourism Alliance
3rd Tuesday of month, 11:30 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area DuenasRodin - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
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. 206Ukiah, CA 95482463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide BrownRodin- Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.
Civic Center300 Seminary Avenueconference room 5
IWPC Staff P.O. Box 1247Ukiah, CA 95482391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion OrozcoBrown- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected] Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday of every other month (varies), 10:00 a.m.
Willits Council Chambers
Solid Waste Director3200 Taylor DriveUkiah, CA 95482468-9710 County-wide Solid Waste JPA Brown Duenas- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] 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 Director241 Plant RoadUkiah, CA 95482462-1422 County-wide bus transportation issues and funding Duenas Orozco - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] North Coast Opportunities (NCO) 4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Ross Walker, Governing Board Chair North Coast Opportunities413 North State StreetUkiah, CA 95482 Assist low income and disadvantaged people to become self reliant Bartolomei(appointed 12/19/18)
Tami Bartolomei, Community Services Administrator; 467-5765 [email protected]
North Coast Rail Authority (NCRA) 2nd Wednesday of month, 10:30 a.m. Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Shannon Riley, Deputy City Manager Shannon Riley, Deputy City Manager; 467-5793 [email protected] Russian River Watershed Association (RRWA)
4th Thursday of month, 9:00 a.m. (only 5 times a year)
Windsor Town Hall
Russian River Watershed Association Attn: Daria Isupov425 South Main St., Sebastopol, CA 95472508-3670 Consider issues related to Russian river - plans projects and funding requests RodinBrown- Alternate
Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected] Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m.
Board of Supervisors Chambers; 501
Low Gap RoadUkiah, CA
County Executive OfficeNicole French501 Low Gap Rd., Rm. 1010Ukiah, CA 95482463-4441 GSA serves as the Groundwater Sustainability Agency inthe Ukiah Valley basin CraneDuenas- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected]
COUNTY/REGIONAL
One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Economic Development & Financing Corporation (EDFC)
2nd Thursday of month, 2:00 p.m.
Primarily 631 S. Orchard Street (location varies)
Executive Director631 South Orchard AvenueUkiah, CA 95482467-5953 Multi-agency co-op for economic development and business loan program Riley(appointed 12/19/18)
Shannon Riley, Deputy City Manager; 467-5793 [email protected] Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Orozco Neil Davis- Alternate David Burton, Museum Director; 467-2836 [email protected] Continued -
COUNTY/REGIONAL
One + Staff Alternate
MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Youth Project JPA Board of Directors
3rd Wednesday of month, 7:45 a.m. 776 S. State Street Conference Room Mendocino Co. Youth Project776 S. State Street, Ste. 107Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Patrol Lieutenant
Cedric Crook, Patrol Lieutenant Nob; 463-6771; [email protected] Northern California Power Agency (NCPA) - Commission
4th Thursday of month, 9:00 a.m. (see NCPA calendar)
Roseville, CAand other locations
651 Commerce Drive Roseville, CA 95678916-781-4202
Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support.
Crane - Commissioner Sauers - Alternate and
Commissioner in absence of Commissioner Crane
Cindi Sauers - Electric Utility Director;463-6286 [email protected] Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce DriveRoseville, CA 95678916-781-4299
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, [email protected] 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 #225Folsom, CA 95630916-852-1673; [email protected] Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements.
CraneSauers - Alternate
Cindi Sauers - Electric Utility Director;463-6286 [email protected] 1 2/25/2022
ATTACHMENT 1
2022 CITY COUNCIL SPECIAL ASSIGNMENTS
LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff
MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced
Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Rodin Orozco-Alternate
Sage Sangiacomo, City Manager; 463-6221 [email protected] City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission Mayor Kristine Lawler, City Clerk; 463-6217 [email protected] Investment Oversight Committee Varies
Civic Center 300 Seminary Ave. Ukiah, CA 95482
Civic Center300 Seminary Ave.Ukiah, CA 95482
Reviews City investments, policies, and strategies
CraneOrozco, Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220 [email protected] Library Advisory Board
3rd Wednesdays of alternate months; 1:00 p.m.
Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Supervisor Mulheren Kristine Lawler, City Clerk; 463-6217; [email protected] 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 [email protected] Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 [email protected] 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; [email protected]; 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 [email protected] Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m. Board of Supervisors Chambers Executive Director200 S. School Street, Ste. 2 Ukiah, CA 95482463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts Rodin/Crane Craig Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County Airport Land Use Commission As needed
BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Owen/Schlatter
Greg Owen, Airport Manager; 467-2855; [email protected] Craig Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor BrownCrane- Alternate
Sage Sangiacomo, City Manager; 463-6221; [email protected] Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.
Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor Brown Shannon Riley, Deputy City Manager; 467-5793 [email protected] LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff
MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Fire Executive Committee 2nd Wednesdays of month, 3:45 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Stephanie AbbaCivic Center300 Seminary Ave.Ukiah, CA 95482 [email protected] Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Brown Doug Hutchison, Fire Chief; 463-6263; [email protected]
STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Equity and Diversity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720 [email protected] 2 2/25/2022
COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 [email protected]
Trench Cut Policy Development Crane/Brown Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Budget Development Best Practices and
Financial Policy For FY 22/23 Budget Crane/Brown
Dan Buffalo, Director of Finance;
463-6220 [email protected]
Sheri Mannion, Human Resource Director/Risk
Manager; 463-6272, [email protected]
Advance Planning & Policy for Sphere of
Influence (SOI), Municipal Service Review (MSR),
Annexation, Tax Sharing, Detachment, and Out
of Area Service Agreements
Crane/Rodin
Sage Sangiacomo, City Manager
463-6221 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Craig Schlatter, Community Development Director
463-6219 [email protected]
Sean White, Director of Water Resources;
463-5712 [email protected]
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Cindy Sauers, Electric Utility Director;
463-629586 [email protected]
Dan Buffalo, Director of Finance; 463-6220
[email protected]
2021 Electric Rate Study Crane/Duenas Cindy Sauers, Electric Utility Director; 463‐6286 [email protected]
Housing Element and Implementation Review Rodin/Orozco Craig Schlatter, Community Development Director 463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the
Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current
Operating Agreement, and cost sharing
Crane/Brown
Dan Buffalo, Director of Finance;
463‐6220 [email protected]
Sean White, Water Resources Director
463‐5712 [email protected]
Upper Russian River Water Agency/City
Relations Crane/Brown Sean White, Director of Water Resources; 463‐5712 [email protected]
Orr Street Bridge Corridor Rodin/Duenas Tim Eriksen, Public Works Director/City Engineer; 463-6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Cannabis Ordinance Modifications Rodin/Duenas Craig Schlatter, Community Development Director 463‐6219 [email protected]
Special Districts Brown/Crane
Shannon Riley, Deputy City Manager
467‐5793 [email protected]
Public Financing Rodin/Orozco
Dan Buffalo, Director of Finance;
463‐6220 [email protected]
2022 AD HOC COMMITTEES
3 2/23/2022