Ukiah City Council
July 19, 2023

City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600 Or you can call in using your telephone only:
• Call (toll free) 1-669-444-9171
• Enter the Access Code: 971 9942 6600
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

July 19, 2023 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Proclamation of the Ukiah City Council Recognizing July 26, 2023, as Disability Independence Day.

Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing July 26, 2023 as Disability Independence Day.

Attachments:

1. 2023 Disability Independence Day Proclamation

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the June 21, 2023, Regular Meeting.

Recommended Action: Approve the Minutes for the June 21, 2023, Regular Meeting.

Attachments:

1. 2023-06-21 Draft Minutes

7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

8.a. Council to Receive and File Adopted 2023-24 Fiscal Year City of Ukiah Budget Document.

Recommended Action: Receive and File adopted 2023-24 Fiscal Year City of Ukiah Budget Document.

Attachments: None

8.b. Adoption of the State of California Governor's Designation of Applicant's Agent Resolution (OES FPD 130) Allowing the City Manager to Apply for Public Assistance and Recovery Funding.

Recommended Action: Adopt the State of California Governor’s Designation of Applicant’s Agent Resolution (OES FPD 130), allowing the City Manager to apply for public assistance and recovery funding on behalf of the City of Ukiah.

Attachments:

1. Cal OES Form 130 with Signature 2020

2. Cal-OES-130 2023

8.c. Consideration of Award of Bid to Chrisp Company in the Amount of $68,680.65 for the 2023 Street Striping Project, and Approval of Corresponding Budget Amendment.

Recommended Action: Award of Bid to Chrisp Company in the amount of $68,680.65 for the 2023 Street Striping Project and approve corresponding budget amendment.

Attachments:

1. RFB E40143

2. Bid Results

3. Striping Proposal

8.d. Approval of Contract with Stone Creek Environmental Consulting in the Amount of $81,600 for Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued by North Coast Regional Water Quality Control Board.

Recommended Action: Award professional services agreement to Stone Creek Environmental Consulting in the amount of $81,600 for Engineering Services related to the City’s Stormwater Permit.

Attachments:

1. Ukiah Proposal for 2023-2024

8.e. Approval of Contract Change Order for Additional SCADA System Upgrade Work at the Wastewater Treatment Plant in the Amount of $158,555.29.

Recommended Action: Approve Contract Change Order for additional SCADA system upgrade work for the Wastewater Treatment Plant in the amount of $158,555.29 Attachments:

1. PO 47814

2. JM CCO 1

8.f. Approval of Contract with JM Integration for an On-call Maintenance and Troubleshooting Agreement at the Wastewater Treatment Plant (WWTP) in the Amount of $174,864.80.

Recommended Action: Approve contract to JM Integration for an on-call Maintenance and troubleshooting agreement at the WWTP in the amount of $174,864.80.

Attachments:

1. Proposal

8.g. Notification of Emergency Purchase of all Materials and Labor for the Installation of a Manhole and Water and Sewer Lateral Work on State Street from Wipf Construction in the Amount of $157,512.50, and Approve Corresponding Budget Amendment.

Recommended Action: Receive notification of the emergency purchase of all repair work on a water and sewer main from Wipf Construction in the amount of $157,512.50, and approve corresponding budget amendment.

Attachments:

1. Wipf Invoice

8.h. Approve the Purchase of Network Routers and Switches From Rhino Networks LLC for the Amount of $103,049.17, and Approve Corresponding Budget Amendment.

Recommended Action: Approve the purchase of nework routers and switches form Rhino Networks LLC for the amount of $103,049.17, and approve the corresponding budget amendment.

Attachments:

1. RFB# E39443 - IT Switches and Routers (003)

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (6:15 PM)

12.a. Appeal of Planning Commission Decision to Deny a Major Site Development Permit for Construction of a Redwood Credit Union Bank Facility at 101 South Main Street, APN 002-231- 001; File No. 22-7977.

Recommended Action: Staff recommends City Council 1) conduct a public hearing to consider the appeal request, in accordance with UCC Section 9266; and 2) overturn the Planning Commission denial of the Project, approving the Major Site Development Permit, as revised on July 5, 2023; and 3) find the Project consistent with the intent of Mitigation Measure CUL-2 related to Demolition Permit No. 21-6155, allowing issuance of the Demolition Permit, based on the Findings included in Attachment 9 and the Conditions of Approval included in Attachment 10.

Alternate actions are included for review in the Discussion section of the Staff Report.

Attachments:

1. RCU Project Renderings- 1st and 2nd design iterations submitted on 12/22/22 and 02/13/23

2. RCU Project Renderings- 3rd design iteration and Minutes of the 03/23/23 Design Review Board

3. RCU Project Renderings- 4th design iteration reviewed by Planning Commission on 05/10/23

4. RCU Project Renderings- 5th design iteration and Minutes of the 06/14/23 Planning Commission Meeting including Findings of denial

5. Appeal Letter submitted by Applicant on 06/26/23

6. RCU Project Renderings- 6th design iteration and additional correspondence submitted on 07/05/23

7. City Attorney Memo on Appeal Procedure and Clarifications of City Code 071123

8. Staff Analysis of appeal materials and 6th design iteration 071323

9. Draft Findings for Approval, revised 071323

10. Draft Conditions of Approval, revised 071323

13. UNFINISHED BUSINESS

13.a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

Attachments: None

13.b. Discussion and Possible Direction Regarding Investment Preferences of Idle Funds Related to Petroleum Companies
Recommended Action: Council to discuss the City's investment policy related to petroleum companies and provide direction to Staff.

Attachments:

1. Investment Policy_June 2023

2. California Quietly Shelves $15 Billion Pension Divestment Bill - Bloomberg

3. California pensions_ Will CalPERS stop investing in fossil fuels_ - CalMatters

14. NEW BUSINESS

14.a. Annual Report Regarding Boards and Commissions Term Expirations and Appointments, and Adoption of Resolution Making Appointments to Various Boards and Commissions.

Recommended Action: Receive the report regarding the Boards and Commission term expirations and appointments, and adopt the Resolution Making Appointments to Various Boards and Commissions.

Attachments:

1. Ukiah Daily Journal Public Notice

2. Vacancy Notice and Boards and Commissions Rosters

3. Donovan Albright Application and Nomination for the Airport Commission

4. Mark Ashiku Application and Nomination for the Airport Commission

5. Lorena Akin Application for the Design Review Board

6. David Lieberman Application and Nomination for the Diversity and Equity Committee

7. Proposed Resolution

14.b. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

Attachments:

1. City Council Special Assignments - rev 6-22-23

15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)

15.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048

15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200

15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612

15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036

15.f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv009808.

15.g. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager

15.h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units

16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, CMC
7/14/23

Agenda Item No: 4.a.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2849

AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing July 26, 2023, as Disability Independence Day.

DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Mari Rodin, City Council, Mayor
ATTACHMENTS:

1. 2023 Disability Independence Day Proclamation
Summary: Council to issue a proclamation recognizing July 26, 2023, as Disability Independence Day.

Background: The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, establishing a clear and comprehensive national mandate for the elimination of discrimination to ensure the civil rights of people with disabilities. Disability is a social construct. The ‘problem’ is not the medical condition that resides within the individual, but the ‘problem’ is that society does not create a welcoming, supporting environment/policies/systems for all. Policies must be developed, attitudes shaped, and equitable experiences offered to all individuals, including those with developmental disabilities.

Discussion: At the July 19, 2023, Regular Meeting, the City Council will issue a Proclamation (Attachment 1) recognizing July 26, 2023, as Disability Independence Day. The proclamation will be received by Denise Gorny from State Council on Developmental Disabilities/City of Ukiah Diversity Equity Committee and the new Executive Director of Ukiah Valley Association for Habilitation, Babe Delgado.

Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing July 26, 2023 as Disability Independence Day.

BUDGET AMENDMENT REQUIRED:

CURRENT BUDGET AMOUNT:

PROPOSED BUDGET AMOUNT:

FINANCING SOURCE:

PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

ROCLAMATION CITY OF UKIAH
RECOGNIZING JULY 26, 2023, AS DISABILITY INDEPENDENCE DAY IN THE

CITY OF UKIAH
WHEREAS, the Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, establishing a clear and comprehensive national mandate for the elimination of discrimination to ensure the civil rights of people with disabilities; and WHEREAS, disability is a social construct. The ‘problem’ is not the medical condition that resides within the individual, but the ‘problem’ is that society does not create a welcoming, supporting environment/policies/systems for all; and
WHEREAS, equitable experiences and full inclusion is a matter of social justice.

Consequently, creating equitable, inclusive environments is a shared responsibility of everyone; and
WHEREAS, policies must be developed, attitudes shaped, and equitable experiences offered to all individuals; including those with developmental disabilities; and WHEREAS, the ADA has expanded opportunities for Americans with disabilities; and WHEREAS, citizens should do all in their power to:
 Recognize the value and intersectionality of the disability experience in our lives and its valued role in our rich diversity.
 Recognize the barriers presented to those with disabilities.

Create ways to include everyone, especially those with developmental disabilities, to be  fully included in all aspects of life.

Understand the losses (financial, spiritual, human rights, contributions to the community,
 and otherwise) when our communities segregate and create barriers for those with disabilities.
 Demand policymakers no longer invest in segregation and create inclusive, equitable policies and systems for all.

WHEREAS, we encourage the community to learn more about ADA, eliminate discrimination, and celebrate July 26, 2023, as Disability Independence Day. For more information visit https://www.inclusionhub.com/events
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah, hereby proclaims July 26, 2023, as
Disability Independence Day in the City of Ukiah
Signed and sealed, this 19th day of July in the year Two Thousand and Twenty-Three.

Mari Rodin
City Council, Mayor
ATTACHMENT 1

AGENDA ITEM 6a

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482
June 21, 2023
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on June 21, 2023, having been legally noticed on June 16, 2023. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Vice Mayor Duenas called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Councilmember Absent by Prearrangement: Mari Rodin. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

VICE MAYOR DUENAS PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Orozco.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
Clerk stated that there was none.

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation of the PFM Group on an Update to the City Council on the City’s Investment Portfolio.

Presenter: Wale Kajopaiye, PFM Asset Management.

Motion/Second: Crane/Orozco to approve recommended revisions to City's investment policy.

Motion carried by the following roll call votes: AYES: Orozco, Crane, and Dueňas. NOES: None.

ABSENT: Rodin. ABSTAIN: Sher.

Council Consensus to direct Staff to bring back an agenda item regarding an Economic, Social, and Governance (ESG) mandate discussion on an upcoming agenda coordinating availability with PFM Staff.
b. Emergency Preparedness and Prevention Presentation.

Presenter: Traci Boyl, City Manager’s Office Senior Analyst.

Public Comment: L.T
Presentation was received.

5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.

City Council Minutes for June 21, 2023, Continued:

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the June 7, 2023, Special Meeting. b. Approval of the Minutes for the June 7, 2023, Regular Meeting. c. Approval of the Minutes for the June 8, 2023, Special Meeting.

Motion/Second: Orozco/Crane to approve the Special and Regular meeting Minutes of June 7 and 8, 2023, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: Sher.

7. RIGHT TO APPEAL DECISION
Vice Mayor Duenas read information regarding the right to appeal a decision.

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of April 2023 - Finance. b. Authorization for the City Manager to Terminate Existing Contract with Welty, Weaver, and Currie, and Negotiate and Execute a Contract (COU No. 2223-217) for Legal Services with Philip A. Williams - Administration.
c. Adoption of Plans and Specifications for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification No. 23-08 to Underground 12kV Primary Conductor in Various Areas on the Western Side of the City of Ukiah – Electric Utility. d. Consideration of Award (COU No. 2021-184-A2) for a One (1) Year Extension for Pre-Hospital Emergency Medical Services Consulting to AP Triton LLC in the Amount of $60,000 - Fire. e. Adoption of Resolution (2023-25) Identifying the 23/24 Slurry Seal Project as the Project Funded by SB1: The Road Repair and Accountability Act for 23/24; and Approval of Corresponding Budget Amendment – Public Works.
f. Adopt a Resolution (2023-26) Approving a Side Letter Agreement (COU No. 2223-218) to the Current Memorandum of Understanding Between the City of Ukiah and the International Brotherhood of Electrical Workers Local 1245, and authorize the City Manager to Execute – Human Resources.
g. Approval of Contract Amendment (COU No. 2021-167-A1) for Additional SCADA System Upgrade Work at the Water Treatment Plant, and Approval of Corresponding Budget Amendment Using Water Reserve Funds in the amount of $133,869.21 – Water Resources. h. Consideration of Nominations and Possible Adoption of Resolution (2023-27) Making Appointments to the Public Spaces Commission and Diversity and Equity Committee – City Clerk.

Brief summary given by City Manager Sangiacomo for Agenda Item 8d, per Councilmember request.

Motion/Second: Crane/Sher to approve Consent Calendar Items 7a-7h, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas. NOES: None.

ABSENT: Rodin. ABSTAIN: None.

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Dennis Crane – Planning Commission process; Pinky Kushner – Zoning Administrator Item Regarding Ambulance Service; Katrina Kesson – Greater Ukiah Business Tourism and Alliance (Ukiah Main Street Program, Chamber of Commerce, and Visit Ukiah) –

City Council Minutes for June 21, 2023, Continued:

Upcoming Activities; Jeannette Smith – speed bumps request for Walnut Ave; (L.T. spoke on a non-agenda item under Agenda Item 13b – environmental concerns).

10. COUNCIL REPORTS
No Council reports were received.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
 Construction Update – Tim Eriksen, Public Works Director / City Engineer.

Public Comment: Linda Sanders.

12. PUBLIC HEARINGS (6:15 PM)

13. UNFINISHED BUSINESS
a. Approval and Adoption of 2023-24 Fiscal Year City Budget through Resolution, Five-Year Capital Improvement Plan, the Gann Limit Resolution, and Budget Agreement with the Ukiah Valley Sanitation District.

Presenters: Dan Buffalo, Finance Director.

Motion/Second: Crane/Orozco to approve and adopt budget resolution (2023-28) for the fiscal year 2023-24. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas.

NOES: None. ABSENT: Rodin. ABSTAIN: None.

Motion/Second: Crane/Sher to approve and adopt the updated Five-Year Capital Improvement Program Schedule for the fiscal year 2023-24. Motion carried by the following roll call votes: AYES:

Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None.

Motion/Second: Crane/Orozco to approve and adopt Gann Limit resolution (2023-29) for fiscal year 2023-24. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas.

NOES: None. ABSENT: Rodin. ABSTAIN: None.

Motion/Second: Crane/Sher to approve (in substantial form) and authorize City Manager to sign fiscal year 2023-24 budget agreement (COU No. 2223-219) with the Ukiah Valley Sanitation District.

Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas. NOES:

None. ABSENT: Rodin. ABSTAIN: None.
b. Public Benefits Program Update, and Approval of New Customer Programs and Rebates.

Presenters: Cindy Sauers, Electric Utilities Director and Diann Lucchetti, Program Coordinator.

Public Comment: L.T.; (L.T. spoke a second time on a non-agenda item – environmental concerns).

Motion/Second: Crane/Orozco to approve the Electric Department's Public Benefit Program additions. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas.

NOES: None. ABSENT: Rodin. ABSTAIN: None.
c. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

Presenter: Cindy Sauers, Electric Utilities Director.

City Council Minutes for June 21, 2023, Continued:

Motion/Second: Crane/Sher to approve the continued work on the emergency contract (COU No. 2223-177) with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None.

RECESS: 7:53 – 8:00 P.M.
d. Approval of Plans and Specifications for the Orr Street Bridge Replacement, Specification 23-06, and Authorize Staff to Issue Bids.

Presenter: Tim Eriksen, Public Works Director/City Engineer.

Public Comment: Linda Sanders.

Motion/Second: Sher/Orozco to approve the Plans and Specifications for the Orr Street Bridge Replacement, Specification 23-06, and authorize Staff to issue bids. Motion carried by the following roll call votes: AYES: Orozco, Sher, and Dueňas. NOES: Crane. ABSENT: Rodin. ABSTAIN: None. e. Consideration of Award of Bid for the Recycled Water Project – Phase 4, Specification 23- 01, and Approval of Corresponding Budget Amendment(s).

Presenters: Tim Eriksen, Public Works Director/City Engineer and Sean White, Water Resources Director.

Motion/Second: Crane/Orozco to award of bid (COU No. 2223-220 - Ghilotti Construction Company]) for the Recycled Water Project - Phase 4, Specification 23-01, and approve corresponding budget amendment(s). Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None.

14. NEW BUSINESS
a. Discussion and Possible Action Regarding the Cancellation of the July 5, 2023, Regular City Council Meeting, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises.

Presenter: Sage Sangiacomo, City Manager.

Motion/Second: Crane/Sher to approve the cancellation of the July 5, 2023, Regular City Council Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises. Motion carried by the following roll call votes: AYES:

Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: Rodin. ABSTAIN: None. b. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).

Presenters: Councilmember Sher and City Manager Sangiacomo.

Council Consensus for Councilmember Orozco to serve on the evaluation committee for the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California’s Public Utilities Commission (CPUC) Last Mile Broadband.

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)

City Council Minutes for June 21, 2023, Continued:

b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv009808. g. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No Closed Session was held.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 8:41 p.m. ________________________________
Kristine Lawler, CMC

Agenda Item No: 8.a.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2843

AGENDA SUMMARY REPORT
SUBJECT: Council to Receive and File Adopted 2023-24 Fiscal Year City of Ukiah Budget Document.

DEPARTMENT: Finance PREPARED BY: Jessie Brunell, Senior Accountant PRESENTER: Consent Calendar
ATTACHMENTS:

None
Summary: Council to receive and file the adopted 2023-24 Fiscal Year City of Ukiah budget document.

Background: A budget for local government is meant to be a dynamic, malleable, and useful tool for decisionmakers and the community. It conveys a number of different messages to the community served, including how available resources will be allocated. The budget is encapsulated in a single document to deliver that message. The City’s Management Team recognizes and appreciates the City Council’s support for a well-developed and clear budget document. The presented budget document represents a continued improvement in content, form, and presentation and is a continuation of the framework developed last year to meet the highest professional standards of budgeting.

The Council received Departmental Presentations at special meetings on June 7 and June 8, 2023. Council approved and adopted the City's budget for the 2023-24 fiscal year and Gann Limit through resolution at the June 19, 2023 meeting.

The budget document presents information and data at the fund level, a departmental/division summary level, and a department/division detail expenditure/revenue line level. The detail is delivered through OpenGov. From there, any reader of the budget can navigate and review any specific element of the budget.

Discussion: The entire budget document is presented through the OpenGov platform, a web-based platform that allows for significant functionality when viewing and analyzing budgetary information. The best way to access stories is by clicking this link and finding each subsequent link in the table of contents: 2023-24 Fiscal Year Budget (html link):
https://stories.opengov.com/ukiahca/published/_3dOjPVjE The landing page from the link is the cover of the budget document, including a table of contents at the bottom.

Each budget story can be accessed by clicking on its respective link in the table of contents.

The OpenGov platform is best viewed through the Google Chrome web browser. It is a free application and can be found at the following link, complete with download and installation instructions:
https://www.google.com/chrome/

Recommended Action: Receive and File adopted 2023-24 Fiscal Year City of Ukiah Budget Document.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A

PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

Agenda Item No: 8.b.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2847

AGENDA SUMMARY REPORT
SUBJECT: Adoption of the State of California Governor's Designation of Applicant's Agent Resolution (OES FPD 130) Allowing the City Manager to Apply for Public Assistance and Recovery Funding.

DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Traci Boyl, Office of Emergency Management
ATTACHMENTS:

1. Cal OES Form 130 with Signature 2020

2. Cal-OES-130 2023
Summary: City Council to consider approval of the State of California Governor’s Designation of Applicant’s Agent Resolution (OES FPD 130) allowing the City Manager to apply for public assistance and recovery funding on behalf of the City of Ukiah.

Background: A Designation of Applicant's Agent Resolution for Non-Sate Agencies (OES FPD 130) is required of all applicants to be eligible to receive federal financial assistance for any existing or future grant program, including, but not limited to Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), Flood Mitigation Assistance Program (FMA), National Earthquake hazards Reduction Program (NEHRP), California Early Earthquake Warning (CEEW) and or assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the California Disaster Assistance Act. The State-formatted resolution identifies the City Manager as the designated agent to apply for public assistance and recovery funding on behalf of the City for a period of up to three years. On November 18, 2020, the City Council adopted such a Resolution allowing the City to be eligible for this funding (Attachment 1).

Discussion: During declared Federal, State, and local emergencies, cities have the opportunity to apply for financial assistance to respond to and recover from emergencies and disasters and to conduct related mitigation activities. Staff recommends that the City Council adopt the State of California Governor’s Designation of Applicant’s Agent Resolution (Attachment 2) designating the City Manager as the City’s agent for purposes of obtaining federal emergency financial assistance, and authorizing the City Manager to execute all federal, state, and county documents related to emergency financial assistance forms and related documents to ensure our eligibility status remains current.

Recommended Action: Adopt the State of California Governor’s Designation of Applicant’s Agent Resolution (OES FPD 130), allowing the City Manager to apply for public assistance and recovery funding on behalf of the City of Ukiah.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A

PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

Attachment 1

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
Attachment 2

Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130

Agenda Item No: 8.c.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2857

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid to Chrisp Company in the Amount of $68,680.65 for the 2023 Street Striping Project, and Approval of Corresponding Budget Amendment.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. RFB E40143

2. Bid Results

3. Striping Proposal
Summary: Council will consider awarding a contract to Chrisp Company in the amount of $68,680.65 for the 2023 Street Striping Project.

Background: Striping is performed on a regular basis in order to maintain clear visibility of traffic and pedestrian markings along the City’s streets and roads.

Striping includes traffic stripes, left turn arrows, bike lanes and crosswalks. Staff released a request for bid on June 22, 2023. (Attachment 1)
Discussion: The City received two (2) construction bids for this project on July 6, 2023 (Attachment 2). Chrisp Company was the low bidder with a bid amount of $68,680.65. A copy of Chrisp Company’s bid is provided in Attachment 3.

It is important to remember that in this striping contract we will not have the ability to have a "clean slate" to delete existing legends and stripes. Unlike a slurry seal, we have limited opportunities to change items because we do not have the ability to "erase" striping and legends. We only have the ability to add and upgrade striping and legends. However, there may be an opportunity to add buffers to existing bike lanes in some areas. Staff will continue to look for opportunities to incorporate complete street concepts in this project.

Staff will also incorporate complete street concepts in the future slurry seal project.

It is Staff’s recommendation to award the bid for the 2023 Street Striping Project in the amount of $68,680.65 to Chrisp Company.

Recommended Action: Award of Bid to Chrisp Company in the amount of $68,680.65 for the 2023 Street Striping Project and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: $12024200.52100.TBD: $0.00
PROPOSED BUDGET AMOUNT: $10024200.52100.TBD: $68,680.65 FINANCING SOURCE: Measure Y
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Daniel Flores, Engineering Technician and Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles.

GENERAL PLAN ELEMENTS (GP):

DATE: 6/22/2023
Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E40143 herein, and by the specified deadline, or the bid will be rejected.

BIDS WILL BE RECEIVED UNTIL
Submitted by:
(Company Name AT THE OFFICE OF THE FINANCIAL SVCS MGR
& Address) 411 W CLAY, CITY of UKIAH
BY: Mary Horger
Email: [email protected]
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS:

QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
Street Striping 2023 as per attached Specification E40143. 4,264 LF Broken 4" Painted Traffic Stripe - White
30,883 LF Broken 4" Painted Traffic Stripe - Yellow
354 LF Broken 6" Painted Traffic Stripe - White
2,134 LF Solid 4" Painted Traffic Stripe - White
6741 LF Solid 4" Painted Traffic Stripe - Yellow
1,704 LF Solid 8" Painted Traffic Stripe - White
1,068 LF Solid 6" Paint Traffic Stripe - White
14,584 LF Double Painted Traffic Stripe - Yellow
1,324 LF Two Way Left Turn Painted Traffic Stripe - Yellow 12,584 LF Bike Lane 4" Painted Traffic Stripe - White
14,868 LF Bike Lane 6" Painted Traffic Stripe - White
TOTAL:

Payment Terms: N30

1. LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor.

2. Right is reserved to reject any and all bids.

3. Right is reserved to accept separate items unless specifically denied by bidder.

4. Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah.

5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs.

6. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid.

7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a different time period is specified in RFB.

8. Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above.

9. For a bid submission to be accepted it must be submitted on this form.

ALL BIDS SHALL BE F.O.B. UKIAH, CA.

TERMS:

SIGNATURE:

PRINT NAME:

DATE:

PHONE:

LEAD TIME ARO :

EMAIL:
1:30 p.m., July 6, 2023

REQUEST FOR BID
UKIAH, CALIFORNIA 95482
P: (707) 467-5719
300 SEMINARY AVENUE
ATTACHMENT 1

REQUEST FOR BID
City of Ukiah
SPECIFICATION E40143
STREET STRIPING 2023
June 22, 2023
Bid Due Date
1:30 p.m., July 6, 2023

City of Ukiah RFB- E40143 Street Striping 2023
2 I. Introduction
City of Ukiah is seeking bids from qualified Contractors to provide all necessary materials, equipment and labor to paint traffic stripes. General locations of the work are shown in the attached Attachment A. A map will be provided to the successful bidder showing exact locations of the work to be done. All work shall be done under the direction of the City of Ukiah Public Works Department.

II. Bid Procedure
PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law governing RFB’s for Public Projects. The procedures governing open market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid, depending on the City’s needs. The City Code encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the internet, to obtain the lowest possible price, consistent with the City’s needs. The Purchasing Officer does use City bidder’s lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on the City’s bidder’s list.

III. Contact Person
The City has designated Seth Strader as the contact person for questions related to the work requested.

Questions are to be submitted in writing, and can be done so by e-mail at [email protected].

IV. Examination of the Site
The Contractor should familiarize himself with the local conditions of the project sites, and shall be responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in no way relieve him/her of the responsibility for performing any of the work or operations required as part of this contract.

V. Bid Submittal Instructions
Bids can be submitted in hardcopy or by email. Bids are due on or before 1:30 p.m., July 6, 2023 to:

City of Ukiah Purchasing Department
Attn: Seth Strader
411 West Clay Street
Phone: (707) 463-5719
Email: [email protected]
It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not be responsible for any cost incurred by the Contractor in preparation of their bid response.

VI. Scope of Work
All of the work to be performed is within the City of Ukiah and consists of painted traffic stripes.

General locations of the work are shown in Attachment A. A map will be provided to the successful bidder showing the exact locations of the work to be done. All work will be done under the direction of the City of Ukiah Public Works Department. Work on streets may be painted during night time hours upon approval of the Director of Public Works/City Engineer.

City of Ukiah RFB- E40143 Street Striping 2023
3 1) Control of Alignment and Layout
All work necessary to establish satisfactory alignment for stripes shall be performed by the contractor with any device or method that will not damage the pavement nor conflict with other traffic control devices. 2) Tolerances and Appearance
This section shall conform to Section 84-1.03, CALTRANS - Standard Specifications, May, 2006. 3) Protection from Damage
The Contractor shall take special care to protect existing reflective pavement markers and shall, at his expense, replace all coated markers.

Newly placed traffic stripes shall be protected from damage by traffic or other causes until the paint is thoroughly dry. Contractor, at his expense, shall promptly remove any paint applied, spilled, or tracked outside of specified locations to be striped.
4) Painted Traffic Stripes - Description
This work shall consist of painting traffic stripes including applying glass beads. 5) Materials
Paint shall be either waterborne traffic line paint conforming to State Specification No. PTWB-01 dated February 2006 or solvent-borne, acetone-based/VOC compliant traffic line paint conforming to State Specification No. PT-150VOC(A) dated February 2006.

Glass beads shall conform to State Specification No. 8010-004 dated March 2010.

Copies of California State Specifications for traffic paint and glass beads may be obtained from the Caltrans Chemical Testing Branch, 5900 Folsom Blvd, Sacramento, California, 95819, at (916) 227-7289 or from the following website: http://www.dot.ca.gov/hq/esc/ttsb/chemical/specifications.htm 6) Mixing
Mechanical mixers shall be used to mix paint. Prior to application, the paint shall be mixed a sufficient length of time to thoroughly mix the pigment and vehicle together, and shall be kept thoroughly agitated during its application.
7) Application Equipment
Mechanical means shall be used to paint traffic stripes and to apply the glass beads for traffic stripes.

All equipment used in the application of traffic stripes shall produce stripes of uniform quality that conform to the specified requirements.

The striping machine shall be capable of accurately superimposing succeeding coats of traffic paint upon the first coat and upon existing stripes at a speed of at least 5 miles per hour.

The striping machine shall consist of a rubber-tired vehicle that is maneuverable to the extent that straight lines can be followed and normal curves can be made in true arcs. It shall be capable of applying traffic

City of Ukiah RFB- E40143 Street Striping 2023
4 paints and glass beads at the rates specified. The striping machine shall be equipped with the following:
a) A pointer or sighting device, not less than 5 feet long and extending from the front of the machine. b) A pointer or sighting device, extending from the side of the machine to gauge the distance from the centerline, for painting shoulder stripes.
c) A positive-acting cutoff device to prevent depositing paint in gaps of broken stripes. d) Shields or an adjustable air curtain for line control. e) Pressure regulators and gauges (if pneumatically operated) that are in full view of the operator. f) A paint strainer in the paint supply line.
g) A paint storage tank with a mechanical agitator that operates continuously during painting operations. h) A glass bead dispenser located behind the paint applicator nozzle and that is controlled simultaneously with the paint applicator nozzle; and
i) Calibrated rods for measuring the volume of paint and glass beads in the paint and in the glass bead tanks.

All spray equipment shall be of a proper type and of adequate capacity for the work. Air-atomized spray equipment shall be equipped with oil and water extractors and pressure regulators and they shall have adequate air volume and compressor recovery capacity. Spray gun tip needle assemblies and orifices shall be of the proper sizes.
8) Street Striping Application
Prior to application of striping, the City will provide street sweeping. The Contractor shall be responsible for removal of any leaves or litter appearing in the striping area after the streets are swept.

Contractor shall protect against paint splattering onto parked cars particularly at locations of the four-inch white bicycle lane striping. If deemed necessary, Contractor shall post notices, indicating the date and times that street parking will be prohibited, a minimum of 72 hours in advance of striping on streets with bicycle lanes. These notices shall be placed in obvious locations and be spaced no further than 250 feet apart along the length of the street and on each side of the affected street. The Contractor shall also give notice to the Engineer a minimum of 72 hours in advance of working at the site so that the City can give written notice to adjacent property owners.

Traffic Stripes shall be applied only on dry surfaces and only during periods of favorable weather.

Painting shall not be performed when the atmospheric temperature is below 40º F when using solvent borne paint or below 50ºF when using water borne paint; when freshly painted surfaces may become damaged by rain, fog, or condensation; nor when it can be anticipated that the atmospheric temperature will drop below the above 40º F or 50º F during the drying period On existing surfacing, traffic stripes shall be applied in one coat.

Each coat of paint for any traffic stripe, including glass beads where required, shall be applied in one pass of the striping machine, regardless of the number, widths, and patterns of the individual stripes involved.

Paint to be applied in one coat, shall be applied at an approximate rate of one gallon per 107 square feet.

Glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the

City of Ukiah RFB- E40143 Street Striping 2023
5 paint. Beads shall be embedded in the coat of traffic paint being applied, to a depth of ½ their diameters.

Glass beads shall be applied at an approximate rate of five (5) pounds per gallon of paint.

VII. Measurement and Payment
Painting traffic stripes will be measured by the linear foot, along the line of the traffic stripes, without deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4-inch wide yellow stripes, separated by a 3-inch black stripe, will be measured as one traffic stripe.

The contract price paid per linear foot for painted traffic stripes shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, posting notices on streets with bicycle lanes, and for doing all the work involved in painting traffic stripes.

VIII. Terms
The City asks that vendors specify their desired payment preferences in their bid response. The actual payment terms of the contract will be open for negotiation during the contract phase. If no special payments are requested prior to issuing the work, the City will assume net 30 terms.

The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City reserves the right to reject any or all bids. The awarded contractor will enter a “Short Form Construction Contract”, Attachment B.

IX. Addenda
If it becomes necessary to revise any part of this Request for Bid (RFB) after it has been issued, the City will issue an addendum to the RFB containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the RFB documents. Anyone who intends to submit a bid in response to the RFB must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.

X. Work Scheduling
No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.

XI. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track record and a proven product. Contractors are asked to provide the information requested under Work Performance

City of Ukiah RFB- E40143 Street Striping 2023
6 History Capability. References are to be those who you have performed similar scope of work as asked for in this RFB. References are to include the contact name and phone number. A minimum of three references are requested.

XII. Insurance Requirements
Bidder’s attention is directed to the insurance requirements – see Attachment C. Contractors shall furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker’s Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance with policy limits of not less than $1,000,000 naming the City as an additional insured party.

It is highly recommended that contractors confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance requirements, that contractor may be disqualified from award of the contract. If you have questions regarding the City’s requirements, please contact the City’s Risk Manager at 707-463-6287.

XIII. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA.

The contractor shall, if requested by the City, supply certification and evidence of such compliance. 2) Payment Bond: As per California Civil Code Section 9550, a direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before commencement of work, give a payment (material and labor) bond to and approved by the officer or public entity by whom the contract was awarded. Please refer to Attachment D for a copy of the sample forms. 3) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and Federal laws, regulations and ordinances governing performance of contractual services required, and it will be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the actual cost of licenses.
4) License Requirements: Bidder/Contractor must possess a current State of California contractor’s license and a City of Ukiah business license. (For information business license, please contact Liz Frausto, City of Ukiah Finance Department at 707-463-6215.) a) The Contractor shall possess a valid State of California Class A or Class C-32 (Parking and Highway Improvement) license. Bidder shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work. Employees actually performing the tasks shall provide proof of proper certificates of registration for same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project. c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper licenses, certificates and proof of insurance for work performed. 5) Notice to Bidders – Contractor Registration and Prevailing Wages –No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

City of Ukiah RFB- E40143 Street Striping 2023
7 Public Works Small Project Exemption: Small project exemption means that contractors who work exclusively on small projects are not required to register as public works contractors or file electronic certified payroll reports for those projects. However, prevailing wages must still be paid on projects with small project exemption. Contractors are still required to maintain certified payroll records on a continuous basis, and provide those records to the Labor Commissioner’s Office upon request. Small project exemption is applied based on the amount of the entire project, not a contractors subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed: $25,000 for new construction, alteration, installation, demolition or repair; and $15,000 for maintenance.

Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes, copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done can be reviewed at Website: www.dir.ca.gov/dlsr/pwd/northern.html .

The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractor and subcontractors to furnish electronic certified payroll records directly to DLSE. For projects that do not meet the “Public Works Small Project Exemption”, contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

City of Ukiah RFB- E40143 Street Striping 2023
8 INDEMNIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's benefits acts.

Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. The undersigned acknowledges that this document, together with the resulting purchase order issued by the City, the executed Short Form Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage comprise a written agreement between the Contractor and the City binding on both parties.

The undersigned declares they are familiar with the items specified and have carefully read the RFB specification/requirements, checked all of the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this bid.

This bid is submitted by, (check one)
____ Individual Owner ____ Partnership ____ Corporation _____ Other Legal Name of Bidder ___________________________________________________________ Address of Bidder ______________________________________________________________ Tax ID# ______________________________________________________________________ Phone Number______________________________ Fax Number ________________________ California State Contractor’s License #: Expiration Date:

DIR Public Works Contractor Registration #:

By: ______________________________________________ Date _____________________ Signature
Print or Type Name: ____________________________________________________________ Title

City of Ukiah RFB- E40143 Street Striping 2023
9 WORK PERFORMANCE DATA
HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed.

WORK PERFORMED

1. COMPANY NAME: ______________________________________

CONTACT:____________________________________________ _______________________________________

ADDRESS:____________________________________________ _______________________________________

PHONE________________________________________________ ________________________________________

2. COMPANY NAME: ______________________________________ _______________________________________

CONTACT_____________________________________________ _______________________________________

ADDRESS_____________________________________________ _______________________________________

PHONE:________________________________________________ _______________________________________

3. COMPANY NAME: _____________________________________ _______________________________________

CONTACT:____________________________________________ _______________________________________

ADDRESS____________________________________________ _______________________________________

PHONE:______________________________________________ _______________________________________

4. COMPANY NAME: ____________________________________ _______________________________________ CONTACT:___________________________________________ _______________________________________

ADDRESS:___________________________________________ _______________________________________

PHONE:_____________________________________________ _______________________________________

5. COMPANY NAME: ____________________________________ _______________________________________ CONTACT:___________________________________________ _______________________________________

ADDRESS:___________________________________________ _______________________________________

PHONE:_____________________________________________ _______________________________________

City of Ukiah RFB- E40143 Street Striping 2023
10 SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with proper firm name and business address of each.
1)Subcontractor’s Name Work to be performed
_____________________________________________________ _________________________________________________ _____________________________________________________ _________________________________________________ Address
_________________________________________________
City/State/Zip
____________________________________________________
Phone Number Fax Number
____________________________________________________ __________________________________________________ California State Contractor License # DIR Public Works Contractor Registration # 2)Subcontractor’s Name Work to be performed
___________________________________________________ _____________________________________________ ___________________________________________________ _____________________________________________ Address
_____________________________________________
City/State/Zip
__________________________________________________ ____________________________________________ Phone Number Fax Number
____________________________________________________ __________________________________________________ California State Contractor License # DIR Public Works Contractor Registration # 3)Subcontractor’s Name Work to be performed
__________________________________________________ _____________________________________________ ___________________________________________________ _____________________________________________ Address
__________________________________________________ _____________________________________________ City/State/Zip
___________________________________________________ _____________________________________________

City of Ukiah RFB- E40143 Street Striping 2023
11 Phone Number Fax Number
____________________________________________________ __________________________________________________ California State Contractor License # DIR Public Works Contractor Registration #

BIDDER/CONTRACTOR STATEMENT

REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for:

E40143 Street Striping 2023
Should we/I be awarded the contract, we/I certify that we/I can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, before commencing the performance of the work specified.

Please Print (Person, Firm, or Corporation)

Signature of Authorized Representative

Please Print (Name & Title of Authorized Representative)

Date Phone Number

TWO WAY
LEFT TURN LANE 4" LANE 6"

WHITE YELLOW WHITE WHITE YELLOW WHITE WHITE YELLOW YELLOW WHITE WHITE Airport Park Blvd. - - - - - - - - - - - 0 0
Airport Road - - - - - - - 75 - - - Hastings Ave. End
Barnes St. - - - - - - - - - - - 0 0
Babcock Ln. - 425 - - - - - 464 - - - E. Gobbi St. End
Brush St. - - - - - - - 350 - - - Low Gap Rd. End
Bush St. - 4,659 - - 236 100 - 630 - 9,490 9,490 Empire Dr. W. Church St.

Capps Ln. - - - 1,935 - - - - - - N. Bush St. Despina Dr.

Clara Ave. - - - - - - - - - - - 0 0
Clay St. - - - - - - - - - - - 0 0
Don Rones/ Clubhouse Dr. - 1,527 - - 50 - - 328 - - - Live Oak Ave. Park Blvd Commerce Dr. - 1,050 - - 70 - - - - - - Airport Rd. End Cooper/Betty - 885 - - - - 195 - - - Waugh Ln. Talmage Rd.

Cypress Ave. - - - - - - - - - - - 0 0
Despina Ave. - 2,188 - - 27 - - - - 3,094 3,094 Low Gap Road End of City Limits Dora Ave. - - - - - - - - - - - 0 0
Dora St. - - - - - - - - - - - 0 0
Elm St. - 567 - - - - - - - - - Empire Dr. Low Gap Rd.

Empire Dr. - 2,062 - - 403 100 - 490 - - - Despina Dr. N. State St.

Ford St. - - - - - - - - - - - 0 0
Gobbi St. - - - - - - - - - - - 0 0
Grove Ave. - - - - - - - - - - - 0 0
Hastings Ave. - 1,500 - - 100 - - - - - - S. State St. Airport Rd.

Hastings Frontage - - - - - - - - - - 0 0
Highland Court - - - - - - - - - - - 0 0
Highland Drive - - - - - - - - - - - 0 0
Hospital Dr. - 1,630 - - 75 - - - - - - E. Perkins St. End Laurel/ Wabash Ave. - - - - 165 - - - - - - Wabash Ave. Beacon Ln.

Leslie St. - - - - - - - - - - - 0 0
Live Oak Ave. - - - - - - - - - - - 0 0
Lorraine St. - 1,060 - - 105 - - - - - Talmage Frontage Rd. Betty St.

Low Gap Ave. - - - - - - - - - - - 0 0
Luce Ave. - 2,151 - - 234 - - - - - - Helen Ave S. State St.

Main St. - - - - - - - - - - - 0 0
Maple Ave. - - - - - - - - - - - 0 0
Marlene St. - - - - 50 - - - - - - S. Orchard Ave. Betty St.

Marshall St. - - - - - - - - - - - 0 0
Marwen Dr. - - - - 100 - - - - - Observatory Ave. Washingston Ave.

Mason St. - - - - - - - - - - - 0 0
Mendocino Dr. - - - - - - - - - - - 0 0
Mill St. - - - - - - - - - - - 0 0
Norton St. - 522 - - 41 114 - 132 - - - N. State St. Mason St.

Oak St. - - - - - - - - - - - 0 0
Oak Manor Dr. - - - - - - - - - - - 0 0
Oak/Magnolia - - - - 633 - - 313 - - - N. Pine St. N. State St.

Observatory Ave. - 2,190 - - 280 - - - - - - Helen Ave. S. State St.

Orchard Ave. - 1,526 - - 435 585 - 1,741 700 - 2,284 Brush St. Marlene St.

Orr St. - - - - - - - - - - - 0 0
Park Blvd. - - - - - - - - - - - 0 0
Perkins St. 3,473 - - - - - 368 2,589 - - - Main St. Oak Manor Dr.

Pine St. - 715 - - 586 - - - - - - Beginning End
School St. - 1,216 - - 123 - - 1,136 - - - Ruddock Ave. W Mill St.

Scott St. - 690 - - 182 - - - - - - N. State St. N. Pine St.

Spring St. - - - - - - - - - - - 0 0
Standley St. - - - - - - - - - - - 0 0
State St. - - - 215 76 235 3,995 - - - Norton St. North Side end City Limits Talmage 791 - 354 1,817 230 654 465 1,261 624 - - State St. Caltrans Limits Todd Rd. - - - - 50 - - 265 - - - Park Blvd Walnut Ave.

Wabash Ave. - 1,765 - - 129 - - - - - - Laurel Ave S. State St.

Walnut Ave. - 441 - - 109 - - - - - - N. Dora St. N. Pine St.

Washington Ave. - 2,114 - - 171 - - 75 - - - Helen Ave. S. State St.

Washo Dr. - - - - 150 - - - - - - Yosemite Dr. E. Gobbi St.

BROKEN 4" BROKEN 6" SOLID 4" DOUBLE
STREET
SOLID 6"

ATTACHMENT A
STREET STRIPING 2023
Quantities (Linear Feet)

FROM TO
BIKE
SOLID 8"

TWO WAY
LEFT TURN LANE 4" LANE 6"

WHITE YELLOW WHITE WHITE YELLOW WHITE WHITE YELLOW YELLOW WHITE WHITE BROKEN 4" BROKEN 6" SOLID 4" DOUBLE
STREET
SOLID 6"

ATTACHMENT A
STREET STRIPING 2023
Quantities (Linear Feet)

FROM TO
BIKE
SOLID 8"
Waugh Ln. - - - 102 - 75 - 545 - - - E Gobbi St. Talamge Rd.

Yosemite Dr. - - - - 72 - - - - - - El Rio Ct. Washo Dr.

TOTALS 4,264 30,883 354 2,134 6,741 1,704 1,068 14,584 1,324 12,584 14,868

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1 SHORT FORM CONSTRUCTION CONTRACT
This Agreement is made and entered on _______, in Ukiah, California, by and between __________, a CA General Partnership [corporation, partnership, sole properietor] ("Contractor") and the City of Ukiah ("City"), a general law municipal corporation.

RECITALS:

1. The plans and specifications for this work ("the Work") are contained in Exhibit A – Bid Specification, which is attached hereto and incorporated herein by this reference.

2. Contractor is properly licensed and qualified to perform the work.

3. Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the City Manager or his or her designee.

AGREEMENT:

Wherefore, in consideration of the foregoing facts and the terms and conditions as further stated herein, the parties hereby agree as follows.

1. PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein.

1.1 Time of Performance. Contractor shall commence the Work when receiving a formal Notice to Proceed, and shall complete the Work by no later than _____________________.

1.1.1. [check if applicable] It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 1.1.2, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that, subject to Sections 1.13-1.14, below, the
Contractor will pay to the City the sum of five hundred dollars

ATTACHMENT B

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2 ($500.00) per day for each and every calendar day's delay beyond the time prescribed.

1.1.2 [check if applicable] In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.

1.2 Construction of Contract Documents. Contractor will perform the Work in compliance with the plans and specifications set forth in the attached Exhibit A. If there is any inconsistency or conflict between the plans and the specifications, the specifications will prevail. If there is any inconsistency between the plans and the specifications and this agreement, the terms of this Agreement shall prevail, unless expressly stated otherwise in a particular specification.

1.3 Contractor furnished items. Contractor will furnish all necessary labor, materials, tools, equipment, and transportation necessary to perform the Work.

1.4 SB 854 requirements

1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

1.4.2 No contractor or subcontractor may be awarded a
contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

1.4.3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.

1.4.4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require

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3 contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. All contractors and
subcontractors must furnish electronic certified payroll records directly to the DLSE.

1.4.5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently, 8 CCR §16451(d).)

1.5 Use of Employees.

1.5.1. Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

1.5.2. Contractor shall comply with the California
Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

1.5.3. Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned.

Copies of the General Prevailing Wage Determination are on file in

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4 the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it.

1.5.4. City will not recognize any claim for
additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer.

The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

1.5.5. Travel and Subsistence Payments.

Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).

1.5.6. Apprentices.

Attention is directed to the provisions in Sections
1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards,
wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring contractor to maintain available for inspection certified payroll records), 1777.5 (requiring certain apprenticeship programs), 1813 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and ½ for overtime) are available at the Department of Industrial Relations website at

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5 http://www.dir.ca.gov/

1.6 CITY Inspector. CITY may designate an architect, engineer, other design professional or other inspector ("Inspector") to supervise and/or inspect Contractor's performance of the Work. The Inspector shall have no authority to change the Work, the compensation for performing the Work or the time for completing the Work without City's prior written approval. City shall notify the Contractor in writing, if it designates an Inspector.

1.7 Site Conditions. Contractor acknowledges that it has inspected the work site and any improvements involving the Work and satisfied itself as to the conditions which can affect the Work or its cost. Contractor has not relied on any representation by CITY or its officers or employees as to the condition of the site or the houses or any condition that might affect the cost of performing this Agreement.

1.8 New Products Required. All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new and of the most suitable grade for the intended purpose, unless otherwise specifically provided.

1.9 Compliance with Laws. The Contractor shall give all notices and comply with all applicable laws, ordinances, codes, rules and regulations. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work.

1.10 Protection of Site and Improvements. The Contractor shall preserve and protect the site, grounds and any involved improvements and shall not alter or damage any portion thereof, except as is absolutely necessary in order to perform the Work. The Contractor shall repair or replace, as directed by CITY, any property that it damages, looses or destroys in violation of this paragraph. Contractor shall assume full responsibility for maintaining the safety of the worksite in compliance with all applicable state and federal worker safety and protection laws and shall maintain the worksite in compliance with all such laws.

1.11 Inspection of Work. The Contractor shall ensure that the Work is available for inspection by CITY or its Inspector at

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6 all reasonable times and that no work is covered up or rendered incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity for inspection. The presence or absence of an CITY inspector or the conduct of an inspection by CITY or its Inspector shall not relieve the Contractor from any contract requirement or compliance with Exhibit A.

1.12 Title. The Contractor warrants that it conveys full and complete title, free of all liens and encumbrances, to all materials, supplies, fixtures and equipment furnished to CITY under this Agreement and agrees to fully defend and indemnify CITY, its officers and employees, and the houses and homebuyers included in the Work from and against any claim, lien, charge, debt, cost, expense or liability arising from a breach of said warranty.

1.13 Warranties. In addition to any other warranties in this contract, the Contractor warrants that the Work conforms to the contract requirements and is free of any defect in equipment, material or workmanship for a period of one year from the date of final acceptance of the Work by CITY. If CITY accepts any part of the Work before final acceptance of the entire Work, the warranty shall continue for the period of one year from the date of such partial acceptance. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. [Initial if following sentence applies /_/ /_/] CITY shall retain __% of the Contract Amount to secure the Contractor's warranty and shall remit the unused portion of that amount at the end of the warranty period.

The time limit of this warranty shall not apply to any latent defects, or gross negligence or fraud on the part of the Contractor.

1.14. Extension of Time.

Should any delays occur which the City may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim.

Failure to file said written notice within the time specified shall

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7 constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the City within 45 days of the occurrence unless the City specifies in writing a longer period. All claims for a time extension must be approved by the City and incorporated into a written change order.

1.15. Unfavorable Weather and Other Conditions.

During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the City, the Contractor shall be able to overcome them.

The Contractor shall be granted a time extension of one day for each unfavorable weather day that prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete.

Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period.

1.16. Saturday, Sunday, Holiday and Night Work.

No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the City.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the City and that such permission may be revoked at any time by the City if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.

1.17. Hours of Labor.

Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more

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8 than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.

The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

2. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement time and materials with a total not to exceed amount of _______.

3. PAYMENT OF CONTRACT PRICE

3.1 City shall pay any invoice for completed work, and approved by the City, within thirty (30) days of its receipt by City. All payments under this contract shall be made upon the presentation of certificates in writing from the City and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract.

4. INDEMNIFICATION AND INSURANCE.

4.1 Indemnification. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising

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9 from the Contractor's execution of the work, shall not be lessened because of such general supervision.

Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, reerections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents, and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.

In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor

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10 under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City.

4.2 Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

4.2.1. Minimum Scope of Insurance
Coverage shall be at least as broad as:

A. Insurance Services Office Commercial General
Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability – Completed
Operations Form No. CG 20 37 10 01).

B. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any
auto).

C. Worker’s Compensation insurance as required by the
State of California and Employer’s Liability
Insurance.

4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

A. General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage
including operations, products and completed
operations. If Commercial General Liability
Insurance or other form with a general aggregate
limit is used, either the general aggregate limit
shall apply separately to this project/location or
the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written
on an occurrence basis.

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11 B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must be
written on an occurrence basis.

C. Worker’s Compensation Employer’s Liability:
$1,000,000 per accident for bodily injury or disease.

4.2.3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee.

4.2.4. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees, and
volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

B. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation
against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers’ compensation policy.

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12 C. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.

5. TERMINATION.

This Agreement may only be terminated by City: 1) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Contractor was retained. City shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Contractor. City shall pay the Contractor only for services performed and expenses incurred as of the effective termination date, unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet paid by City;
b. take possession of all material and fixtures on the job

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13 site;
c. have the right to complete the Work and recover from Contractor any increased cost to complete the Work above the amounts that would have been paid to Contractor hereunder, together with any other damages suffered by City as a result of said breach.

6. MODIFICATION OF AGREEMENT.

City may, from time to time, request changes in the Work, the time to complete the work or the compensation to be paid for the Work. Such changes must be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement.

7. ASSIGNMENT.

The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of City.

8. APPLICATION OF LAWS.

The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement.

9. INDEPENDENT CONTRACTOR.

It is the express intention of the parties hereto that Contractor is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.

Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations

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June 22, 2023
14 thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City.

Contractor shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Contractor agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit.

Contractor warrants and represents that it is a properly licensed for the work performed under this Agreement with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.

10. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County, each party consenting to jurisdiction and venue of California state courts in Mendocino County.

11. SEVERABILITY.

If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

12. INTEGRATION.

This Agreement, including the exhibits attached hereto, contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No

S:u\agrtms06\short form construction contract
June 22, 2023
15 amendments to this Agreement shall be binding unless executed in writing by all of the parties.

13. WAIVER.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

14. NOTICES.

Whenever notice, payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered, emailed, telefaxed or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows:

CONTRACTOR CITY
_____________ City of Ukiah
_____________ 300 Seminary Ave.
_____________ Ukiah, CA. 95482
Email: Email:

FAX: FAX:

Service by telefax shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted.

Either party may change the address to which notices must be sent by providing notice of that change as provided in this paragraph.

15. PARAGRAPH HEADINGS.

The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement.

16. EXECUTION OF AGREEMENT.

S:u\agrtms06\short form construction contract
June 22, 2023
16 This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement.

WHEREFORE, the parties have entered this Agreement on the date first written above.

CONTRACTOR CITY OF UKIAH
By:___________________________ By:___________________________ Sage Sangiacomo
City Manager
California Contractor's License Number __________ [Number or N/A]

Rev: 11/20/08 Page 1 of 2

INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

I. Minimum Scope of Insurance
Coverage shall be at least as broad as:

A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).

B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

C. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

II. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence basis.

B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis.

C. Worker’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee.

IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

B. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers’ compensation policy.

C. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

ATTACHMENT C

Rev: 11/20/08 Page 2 of 2
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.

V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

VI. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City’s forms, those endorsements or policies must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

If you have questions regarding our insurance requirements contact:

Risk Manager
(707) 463-6287 FAX (707) 463-6204

CITY OF UKIAH
Mendocino County, California

PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:

THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work

ATTACHMENT D

progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California)

CITY OF UKIAH
Mendocino County, California

PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.

It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.

Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:

Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.

DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND

1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.

2. The name of the Principal shall be shown exactly as it appears in the Contract.

3. The penal sum shall not be less than required by the Specifications.

4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.

5. If the Principal is a corporation, the bond shall be executed under its corporate seal.

If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.

6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.

7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.

8. The date of the bond must not be prior to the date of the Contract.

9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.

10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.

11. Type or print the name underneath each signature appearing on the bond.

12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.

Item # Item Description Quantity Unit of Measure Unit Price Item Total Unit Price Item Total 1 Broken 4" Painted Traffic Stripe - White 4264 LF $ 0.40 $ 1,705.60 $ 0.60 $ 2,558.40 2 Broken 4" Painted Traffic Stripe - Yellow 30883 LF $ 0.40 $ 12,353.20 $ 0.60 $ 18,529.80 3 Broken 6" Painted Traffic Stripe - White 354 LF $ 0.60 $ 212.40 $ 0.85 $ 300.90 4 Solid 4" Painted Traffic Stripe - White 2134 LF $ 0.75 $ 1,600.50 $ 0.75 $ 1,609.04 5 Solid 4" Painted Traffic Stripe - Yellow 6741 LF $ 0.75 $ 5,055.75 $ 0.75 $ 5,055.75 6 Solid 8" Painted Traffic Stripe - White 1704 LF $ 1.00 $ 1,704.00 $ 1.20 $ 2,044.80 7 Solid 6" Paint Traffic Stripe - White 1068 LF $ 0.85 $ 907.80 $ 0.85 $ 907.80 8 Double Painted Traffic Stripe - Yellow 14584 LF $ 1.40 $ 20,417.60 $ 1.40 $ 20,417.60 9 Two Way Left Turn Painted Traffic Stripe - Yellow 1324 LF $ 2.00 $ 2,648.00 $ 1.40 $ 1,853.60 10 Bike Lane 4" Painted Traffic Stripe - White 12584 LF $ 0.75 $ 9,438.00 $ 0.75 $ 9,438.00 11 Bike Lane 6" Painted Traffic Stripe - White 14868 LF $ 0.85 $ 12,637.80 $ 0.85 $ 12,637.80 Total Bid Amount $ 68,680.65 $ 75,353.49
RFB E40143 - Street Striping 2023
Owner: City of Ukiah
Bid Opening: 7/6/23 Chrisp Company Specialized Pavement Marking ATTACHMENT 2

ATTACHMENT 3

Agenda Item No: 8.d.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2858

AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract with Stone Creek Environmental Consulting in the Amount of $81,600 for Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued by North Coast Regional Water Quality Control Board.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. Ukiah Proposal for 2023-2024
Summary: The City Council will consider awarding a professional services agreement to Stone Creek Environmental Consulting in the amount of $81,600 for engineering services related to the Municipal Separate Storm Sewer Systems Permit.

Background: Discharges of storm water and non-storm water from a Municipal Separate Storm Sewer System (MS4), particularly in an urbanized area, has a high potential to convey pollutants to receiving waters.

The higher percentage of impervious area in an urbanized area correlates to a greater pollutant loading, resulting in turbid water discharges, nutrient enrichment, bacterial contamination, and toxic compounds.

Pollutants of concern in these discharges in the Russian River Watershed include: heavy metals, indicator bacteria, nutrients, pesticides, petroleum hydrocarbons and trash.

Stone Creek Consulting has been providing stormwater support since 2020.

Discussion: The City is designated as a Phase 1 Co-Permittee with other agencies regulated by the North Coast Regional Water Quality Control Board (Board). These agencies operate under a MS4 issued by the Board which requires specific monitoring and reporting tasks as well as the development of special studies in order to maintain permit compliance. In order to maintain compliance with the permit, Staff requested a proposal (Attachment 1) from Stone Creek Environmental Consulting for engineering and consulting services related to maintaining compliance with the permit.

This year’s agreement is substantially more expensive than years past due to the addition of critical source inspections. These inspections are a required part of the permit and an estimated 90 facilities within the city will be inspected. Stone Creek will perform these inspections, document findings and draft corrective action orders. Stone Creek will also assist in developing a critical source inspection program to give Staff the knowledge of how to perform these in the future. Staff will be exploring cost recovery initiatives and will bring back recommends for Council's consideration in the future.

Recommended Action: Award professional services agreement to Stone Creek Environmental Consulting in the amount of $81,600 for Engineering Services related to the City’s Stormwater Permit.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 10024224.52100:$91,600
PROPOSED BUDGET AMOUNT: 10024224.52100:$81,600
FINANCING SOURCE: N/A

PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223088
COORDINATED WITH: Andrew Stricklin, Associate Engineer and Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):

Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
1 www.consultingstonecreek.com
Proposal for Storm Water Support Services, Fiscal Year 2023/2024 April 26, 2023
Mr. Tim Eriksen
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Subject:

Dear Mr. Eriksen:

Stone Creek Environmental Consulting (Stone Creek) is pleased to present this proposal and fee estimate to provide stormwater support services to the City of Ukiah (City). Colleen Hunt, owner, is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked with dozens of municipal stormwater Permittees during her time with the Regional Water Board and for the past four years as a consultant. Colleen has been providing stormwater assistance to the City since 2020.

The City is subject to requirements of the Regional Water Board’s Waste Discharge Requirements Order No. R1-2015-0030, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 for Discharges from the Municipal Separate Storm Sewer System (MS4) (Permit). The Permit became effective January 6, 2016 and expired on January 5, 2021. The Permit is administratively extended until the Regional Water Board renews the Permit. Until a new Permit is adopted, the City must continue implementing the requirements of the expired Permit.

Tasks in this proposal include assisting the City with the ongoing requirements of the expired Permit and program management elements as outlined here:
 Sediment Reduction Plan Implementation
 Inspections
 Critical Source Inspections
 Municipal Staff Training
 Annual Reporting
 Trash Implementation Plan
 Program Management
ATTACHMENT 1

Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
2 www.consultingstonecreek.com
Scope of Work
Task 1. Sediment Reduction Plan Implementation
Section I of the Permit requires the City to develop and implement a Sediment Reduction Plan to assess effectiveness of Best Management Practices (BMPs) used to control sediment in stormwater runoff. The City developed a workplan for this requirement that was approved by the Regional Water Board. The workplan divided the scope of work into four phases:
 Phase I Source Investigation Research
 Phase II Sediment Source Field Investigation
 Phase III Sediment Source BMP Plan
 Phase IV Progress Reporting
The City has completed Phases I and II and is in the process of implementing Phase III. The City will also have to submit a progress report with the 2023/2024 Annual Report (Phase IV). This task is to assist the City with te continued implementation of Phase III and drafting the progress report.

Requirements for Phase III include implementing BMPs identified in Phase II to control significant sediment sources and studying the effectiveness of both new and existing BMPs.

Tasks identified in the Phase III workplan for the 2023/2024 fiscal year include implementing a workplan to complete outfall inspections, and assessments to better understand the implications of sediment discharge from aging infrastructure. Under this task, Stone Creek will assist the City with implementing the workplan. The scope of work identified in the workplan includes conducting an assessment of all City owned outfalls, prioritizing findings and finalizing a summary report. The task will be completed as described in the workplan and is incorporated into this proposal by reference.

This task will also include conducting the ongoing effectiveness assessment of BMPs used to control the discharge of sediment in stormwater runoff. This effort will continue using the 2NFORM platform to track effectiveness by calculating the water quality benefit associated with sediment load reduction. As part of this task, Stone Creek will populate the platform with new BMPs and manage the platform. This includes entering information on BMPs used to control sediment discharges and running load reduction calculations for reporting purposes. Utilizing the data generated in the platform, Stone Creek will also develop the effectiveness assessment report for fiscal year 2023 2024 for the sediment reduction plan due to the Regional Water Board by October 15, 2024. The effectiveness assessment report will be submitted as an attachment to the 2023 2024 Annual Report (described in Task 5 below).

The fee estimate includes the annual user fee to use the software platform for one year. Based on our experience, this is the most cost-effective approach, as it enables the user to incorporate other program areas into the platform, including tracking Low Impact Development (LID) inspections,

Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
3 www.consultingstonecreek.com
storm drain maintenance needs, construction site inspections, industrial and commercial inspections and trash plan management.

Task 1 Deliverables: Outfall Inspection Report. Effectiveness Assessment Report for the 2023/2024 Annual Report.

Task 2. Project Development Inspections
The City of Ukiah is required to conduct several stormwater inspections throughout the year including:
 Active construction sites monthly between September and April  Low Impact Development installation inspections
 Low Impact Development maintenance inspections once every two years This task is reserved for assisting the City with conducting inspections as needed. As directed by the City, Stone Creek will conduct the requested inspection, keep a digital inspection record, convey deficiencies to responsible parties, coordinate enforcement actions with City staff, and conduct follow-up inspections as warranted. This task assumes up to 80 hours during the fiscal year for assistance with inspections.

Task 2. Deliverable: Inspection Reports
Task 3. Critical Source Inspections
This task is to assist the City with conducting critical source inspections and setting up an inspection program as a longer-term solution for maintaining compliance with this requirement.

The first part of this task will be to conduct one inspection at each critical source facility. It is estimated that 90 facilities will need to be inspected. This task will include confirming the critical source inventory, scheduling and conducting inspections, distributing stormwater education outreach materials, drafting inspection reports, providing the City with a summary of inspection results, drafting corrective action orders, and following up on corrective action orders as needed.

For the second part of this task, Stone Creek will assist the City with developing a critical source inspection program. This task will include determining appropriate entities to conduct inspections, coordinating with departments as needed to set up critical source inspection procedures, staff training for conducting and tracking inspections and corrective action notices, and other tasks needed to set up the critical source inspection program.

Task 3. Deliverables: Documentation of critical source inspections, summary of inspection activities, copies of corrective action notices, as applicable. Update Stormwater Management Plan with new critical source inspection program procedures.

Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
4 www.consultingstonecreek.com
Task 4. Municipal Staff Training
Section G.12. of the Permit requires the City to annually train staff whose interactions, jobs, and activities may affect stormwater quality. We will provide training on stormwater topics selected by the City. This may include illicit discharge, non-stormwater discharges, municipal activities BMP requirements, and/or integrated pest management. Training will be provided as a prerecorded video or in person as conditions allow.

Task 4. Deliverable: Stormwater training, including preparation of a PowerPoint presentation, training materials, and training documentation records.

Task 5. Annual Report
The Annual Report for the 2022/2023 reporting period is due October 15, 2023. At the beginning of the new Permit term, the Regional Water Board developed an annual report template for Permittee use. The template provides a streamlined method for annual reporting. We will assist the City with populating the template and gathering information needed for reporting. The City will need to complete sections of the report with data that is not readily available to us to adequately complete the report. The City will be responsible for submitting the final report to the Regional Water Board.

Task 5. Deliverable: Draft Annual Report
Task 6. Trash Implementation Plan
In July of 2021, the City submitted a Trash Implementation Plan (TIP) to the Regional Water Board in response to a 13383 Order issued to the City in 2017. The TIP provides an implementation strategy to comply with the State Water Board adopted Trash Provisions. The proposed strategy includes installing full trash capture systems in combination with the implementation of institutional controls to reduce the discharge of trash to surface waters. To date, the Regional Water Board has not provided comments or approved the TIP.

Full compliance with the Trash Provisions must be achieved no later than December 2, 2030.

While the TIP has not yet been approved, the City will need to start implementation of the TIP to meet the mandated compliance date. For the 2023/2024 fiscal year, the City will need to start full trash capture planning, as well as schedule other implementation tasks. This task is to assist the City with implementing these measures. The focus of the task will be assisting the City with determining initial steps for implementation, including soliciting proposals from engineering firms to conduct an assessment for full capture system design.

Task 6. Deliverable: Provide assistance with TIP implementation.

Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
5 www.consultingstonecreek.com
Task 7. Program Management
This task will include general project management tasks needed to manage the contract properly and effectively. Tasks will include a project schedule, managing budget, monthly invoicing, and routine communications with the City, including in-person meetings to report progress and discuss key recommendations and decisions.

Task 7. Deliverable: Invoices
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not-to-exceed budget of $81,600. The estimated fee and associated level of effort are summarized below.

Task Level of Effort,
hours
Estimated Fee, $
Task 1. Sediment Reduction Plan 48 13,000
Task 2. Inspections 80 14,800
Task 3. Critical Source Inspections 250 45,000
Task 4. Municipal Staff Training 12 2,200
Task 5. Annual Report 12 2,200
Task 6. Trash Implementation Plan 12 2,200
Task 7. Project Management 12 2,200
Total 426 81,600
Billing rates for the estimate are provided below. Rates will be valid for the duration of the contract:

Technical Professional Services I $165 per hour
Technical Professional Services II $185 per hour
GIS/Mapping $175 per hour
Intern Assistance $85 per hour
Administrative Assistance/Travel $75 per hour
Quality Assurance Review $205 per hour
Direct Costs Cost + 10%
Mileage Standard Federal Rate

Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
6 www.consultingstonecreek.com
Any services not included in this Scope of Work will be performed only after receiving written authorization and a corresponding budget augmentation from the City. I am looking forward to working with you on this important work. Please feel free to contact me at 707-318-9415 or [email protected] if you have any questions or would like to discuss this proposal further.

Sincerely,
Colleen Hunt, CPMSM #343
Professional Consultant

Agenda Item No: 8.e.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2861

AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract Change Order for Additional SCADA System Upgrade Work at the Wastewater Treatment Plant in the Amount of $158,555.29.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:

1. PO 47814

2. JM CCO 1
Summary: Council will consider approval of a Contract Change Order for additional SCADA system upgrade work for the Wastewater Treatment Plant in the amount of $158,555.29 Background: On March 16, 2022, JM Integration, Inc was awarded the contract for existing SCADA system upgrades and new software integration at the Wastewater Treatment Plant. Upgrades include expanded functionality, reporting and cloud access. See Attachment 1.

Discussion: As work neared completion, Staff found that additional items were necessary to meet standards and allow efficient operations. JM Integration recommended additional PLC chassis, additional network switches allowing for increased redundancy, replacement of existing PLC communication to use a higher bandwidth system allowing for faster data transfers and two laptops to allow plant operators remote access to the Wastewater Treatment Plant’s systems more securely.

An internal transfer of $44,913.81 will be made from unspent miscellaneous contracted services in FY22/23 as this contract work began in FY22/23.

The contract change order, if approved, will authorize increasing this project’s total to $399,134.53. See Attachment 2.

Recommended Action: Approve Contract Change Order for additional SCADA system upgrade work for the Wastewater Treatment Plant in the amount of $158,555.29 BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027225.80100.18246: $113,641.48 (Currently available budget FY 22/23) PROPOSED BUDGET AMOUNT: 84027225.80100.18246: $158,555.29 FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 47814
COORDINATED WITH: Ryan Kriken, WWTP Supervisor, and Sean White, Water Resources Director DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):

Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year Page of
Delivery must be made within
doors of specified destination.

RECEIVING COPY PO Total
B
I
L
L
T
O
V
E
N
D
O
R
S
H
I
P
T
O
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Item# Description/Part No. Qty UOM Unit Price Extended Price

CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate 2022 1 1
47814-01

JACK MILLER
250 BROOKDALE DR
VACAVILLE CA 95687

CITY OF UKIAH - WWTP
300 PLANT ROAD
UKIAH CA 95482
Mary Horger 03/28/2022
FOB UKIAH/N30 WASTE WATER TREATMENT 0.000
$261,575.82
1 LABOR - SCADA UPGRADE AT WWTP 53040.0 DOLL $1.000 $53,040.00 840.50.00.27.272.2722.27225.80100.18246 $53,040.00
2 TRAVEL FOR WWTP SCADA UPGRADE 6550.3 DOLL $1.000 $6,550.34 840.50.00.27.272.2722.27225.80100.18246 $6,550.34
3 MATERIAL FOR WWTP SCADA UPGRADE 185520.5 DOLL $1.000 $185,520.53 840.50.00.27.272.2722.27225.80100.18246 $185,520.53
4 ESTIMATED TAXES 16465.0 DOLL $1.000 $16,464.95
840.50.00.27.272.2722.27225.80100.18246 $16,464.95
REF REQ E38936
AS PER QUOTE 220104 REV 2
COUNCIL APPROVED: 3/16/2022
MH 3/28/22: PLEASE NOTE THAT TAXES WERE

ADDED TO PO, BUT NOT PART OF THE ORIGINAL
ASR AWARD AMOUNT REQUEST. THIS WILL NEED

TO BE CONSIDERED IF ANY CHANGE ORDERS ARE

REQUESTED IN FUTURE AS THE CITY IS LIMITED TO
10% OR $5K WHICHEVER IS GREATER OF ORIGINAL
PURCHASE.

MH 9/28/22: ADDED $4,893.81. INCREASED COST OF

MATERIALS WHEN VENDOR WENT TO PLACE THE
ORDER.

ATTACHMENT 1

Agenda Item No: 8.f.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2862

AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract with JM Integration for an On-call Maintenance and Troubleshooting Agreement at the Wastewater Treatment Plant (WWTP) in the Amount of $174,864.80.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:

1. Proposal
Summary: The City Council will consider awarding a professional services agreement to JM Integration in the amount of $174,864.80 for on-call maintenance and troubleshooting at the Wastewater Treatment Plant.

Background: JM Integration has been working with Staff at the Waste Water Treatment Plant and with the City of Ukiah for several years. JM Integration has been a key part of the SCADA infrastructure upgrade, and bringing expanded functionality and resilience to the Wastewater Treatment Plant.

Discussion: JM Integration would provide general maintenance and troubleshooting tasks assigned by Waste Water Treatment Plant Staff as needed. These visits can be on-call or scheduled reoccurring visits. See Attachment 1. JM Integration has in depth knowledge on all aspects of the Waste Water Treatment Plant and has provided multiple on-call agreements in the past. This would be the first multi-year agreement with JM Integration. Using a three-year agreement, the Treatment Plant is able to rely on the accessibility of a technician with expert knowledge of the operations and avoid possible future price increases for services. This is an on-call, as needed contract billed at an hourly rate.

Recommended Action: Approve contract to JM Integration for an on-call Maintenance and troubleshooting agreement at the WWTP in the amount of $174,864.80.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027225.52100: $378,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Ryan Kriken, WWTP Supervisor and Sean White, Water Resources Director PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH:

DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):

Agenda Item No: 8.g.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2860

AGENDA SUMMARY REPORT
SUBJECT: Notification of Emergency Purchase of all Materials and Labor for the Installation of a Manhole and Water and Sewer Lateral Work on State Street from Wipf Construction in the Amount of $157,512.50, and Approve Corresponding Budget Amendment.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works.

ATTACHMENTS:

1. Wipf Invoice
Summary: Council will receive a report of the acquisition of emergency repair work on water and sewer mains from Wipf Construction in the amount of $157,512.50, and consider approving a corresponding budget amendment.

Background: Staff received reports of a blown water main near 660 North State Street. Wipf Construction was on site, as it was thought that the water main was a private facility. However, after some exploration and research it was revealed that the facilities were city main lines. As the repairs were underway, the excavation exposed a sewer main line that was located very close to the water main. Staff determined that the sewer line needed to be relocated immediately to guarantee the safety of the public. We requested Wipf Construction to continue with the water main repairs and also immediately realign the sewer line.

Discussion: Wipf Construction realigned the sewer main at a proper distance from the water main. The water line was replaced as well in order to guarantee that there is no cross contamination.

Please note that due to the risk to health and safety, the urgency necessary to take care of the issue, and the extenuating circumstances leading up to the work, staff missed some procedural reporting and processing steps as required by the California Uniform Cost Accounting Act. Staff will work to improve these processes for future and similar instances.

The invoice for the work performed can be found in Attachment 1.

Recommended Action: Receive notification of the emergency purchase of all repair work on a water and sewer main from Wipf Construction in the amount of $157,512.50, and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 82227113.80230.18262: $90,515.89 84027221.80230.TBD: $0.00 PROPOSED BUDGET AMOUNT: 82227113.80230.18262: N/A; 84027221.80230.TBD: $91,332.50 FINANCING SOURCE: Water & Sewer Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):GP-A6 - Safety Element - Water Supply Infrastructure

ATTACHMENT 1

Agenda Item No: 8.h.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2873

AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of Network Routers and Switches From Rhino Networks LLC for the Amount of $103,049.17, and Approve Corresponding Budget Amendment.

DEPARTMENT: Information Services PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Ryan Burkhart, IT Manager and Scott Shaver, IT Manager.

ATTACHMENTS:

1. RFB# E39443 - IT Switches and Routers (003)
Summary: Council will consider approving the purchase of network routers and switches from Rhino Networks LLC for the amount of $103,049.17, and approve a corresponding budget amendment.

Background: Much of the City's network infrastructure is at or approaching the end of life, and will no longer be supported. The most critical is the WAN router which connects the City's remote external sites, such as the Parks office on Mason Street, Grace Hudson Museum, and the Hydro Electric Plant. The Information Technology department has planned this expenditure on the City's 5-year Capital Improvement Schedule. It was slated to be purchased last fiscal year. However, due to ever changing priorities and challenges, the replacement purchase was unable to be completed in time.

Discussion: On June 30, 2023, the Purchasing Department released a Request for Bid (RFB) for Cisco network routers and switches. The bids were issued to Cisco partners as listed on the Cisco website. Bids were due on July 10, 2023. Bids were received from only one vendor, Rhino Networks LLC for the amount of $103,049.17. Please see Attachment 1 for a copy of the bid. The lead time for the parts is 45 days from receipt of order.

The resources for this project were collected last fiscal year and placed into the capital reserves of the Information Technology Fund. However, because this was budgeted last fiscal year (FY 2022-23), a budget amendment will be required in the current fiscal year (FY 2023-24) to authorize the expenditure.

Therefore, it is Staff's recommendation to approve the purchase of the network routers and switches from Rhino Networks LLC for the amount of $103,049.17, and approve the corresponding budget amendment.

Recommended Action: Approve the purchase of nework routers and switches form Rhino Networks LLC for the amount of $103,049.17, and approve the corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20913900.54330.18328: $0; 20913900.80100.18100: $0 PROPOSED BUDGET AMOUNT: 20913900.54330.18328: $17,464; 20913900.80100.18100: $85,586 FINANCING SOURCE: IT Fund (209) reserves
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Ryan Burkhart, IT Manager; and Scott Shaver, IT Manager DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

DATE: 6/30/2023
Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E39443 herein, and by the specified deadline, or the bid will be rejected.

BIDS WILL BE RECEIVED UNTIL
Submitted by: 1:30 p.m., on July 10, 2023
(Company Name AT THE OFFICE OF THE BUYER
& Address)
BY: Elvia Fernandez
Email: [email protected]
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS:

QUANTITY SKU UNIT PRICE EXTENDED PRICE
3 C8200L-1N-4T
3 3CON-SNT-C8200TL1 (3YR)
3 3
3 1
1 1
1 1
1 1
1 2
2 2
2 2 CON-SSTCM-C9524QE(3YR)
2 C9500-DNA-E-3Y
5 C9200-48P-E
5 CON-SNT-C92048PE(3YR)
5 C9200-NM-4X
5 PWR-C6-1KWAC/2
5 C9200-DNA-E-48-3Y
5 C9200-STACK-KIT
Tax (8.875 %):

Shipping:

TOTAL:

Payment Terms: N30

1. LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor.

2. Right is reserved to reject any and all bids.

3. Right is reserved to accept separate items unless specifically denied by bidder.

4. Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah.

5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs.

6. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid.

7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a different time period is specified in RFB.

8. Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above. 1KW AC Config 6 Power Supply - Secondary Power
C9200 Cisco DNA Essentials, 48-port - 3YR
Cisco Catalyst 9200 Stack Module
Cisco C8200L-1N-4T
Cisco SmartNet SNTC-8X5XNBD C8200L-1N-4T
Cisco SmartNet SNTC-8X5XNBD C8200-1N-4T
Cisco 4 port Multiflex Trunk Voice/Clear-channel Data
Cisco DNA Advantage On-Prem Lic 3Y - upto 25M
Solution Support for SW - DNA Advantage OnPrem
Solution Support for SW - DNA Advantage OnPrem
10 training credits - expires in one year
Cisco buydown of training credits
Catalyst 9500 48-port x 1/10/25G + 4-port 40/100G, E
Catalyst 9200 4 x 10G Network Module
SVS-PDNA-T0-A3Y
TRN-CLC-000
NIM-4MFT-T1/E1
DNA-P-T0-A-3Y
SVS-PDNA-T0-A3Y
NIM-1MFT-T1/E1 Cisco 1 port Multiflex Trunk Voice/Clear-channel Data Cisco DNA Advantage On-Prem Lic 3Y - upto 25M
Solution Support for SW - DNA Advantage OnPrem
Cisco Catalyst C8200-1N-4T Router
DNA-P-T0-A-3Y
SVS-PDNA-T0-A3Y
C8200-1N-4T
CON-SNT-C82001N4 (3YR)

ADJ-SKU
C9500-48Y4C-E
CON-SSSNTC95084EY(3YR)
C9K-PWR-650WACLR/2
C9K-F1-SSD-240G
ALL BIDS SHALL BE F.O.B. UKIAH, CA.

TERMS:

SIGNATURE:

PRINT NAME:

DATE:

PHONE:

LEAD TIME ARO :

EMAIL:

PRODUCT DESCRIPTION
Cisco SmartNet SOLN SUPP SW SUBC9500 DNA E
DNA Essentials 3 Year License
Catalyst 9200 48-port PoE+, Network Essentials
SmartNet SNTC-8X5XNBD C9200-48P-E 3YR
SmartNet SOLN SUPP 8X5XNBD C9500-48Y4C-E
650W AC Power Supply
Cisco pluggable SSD storage

REQUEST FOR BID
UKIAH, CALIFORNIA 95482
P: (707) 467-5774, F: (707) 313-3831
300 SEMINARY AVENUE
PAGE 1 OF 1
Rhino Networks LLC
4 Long Shoals Rd, Ste B486
Arden, NC 28704
855-462-9434
$749.48
$780.00
$558.25
$1,223.94
$202.05
$1,188.09
$1,341.60
$1,161.69
$1,223.94
$202.05
$381.64
$1,000.00
$(1,000.00)
$10,882.31
$5,894.28
$943.29
$1,348.49
$282.24
$854.04
$3,304.82
$1,569.96
$1,021.58
$965.17
$503.34
$673.96
$2,248.44
$2,340.00
$1,674.75
$3,671.82
$606.15
$1,188.09
$1,341.60
$1,161.69
$1,223.94
$202.05
$381.64
$1,000.00
$(1,000.00)
$21,764.62
$11,788.56
$1,886.58
$2,696.98
$564.48
$1,708.08
$16,524.10
$7,849.80
$5,107.90
$4,825.85
$2,516.70
$3,369.80
$ 6,405.55*
$ 0.00
$ 103,049.17 *Software licenses are not taxable in California. Tax adjusted accordingly.

Frank Lacombe
7/10/2023
919-230-998
0 45 days
[email protected]
ATTACHMENT 1

Agenda Item No: 12.a.

MEETING DATE/TIME: 7/19/2023

ITEM NO: 2023-2844

AGENDA SUMMARY REPORT
SUBJECT: Appeal of Planning Commission Decision to Deny a Major Site Development Permit for Construction of a Redwood Credit Union Bank Facility at 101 South Main Street, APN 002-231-001; File No. 22-7977.

DEPARTMENT: Community
Development PREPARED BY: Michelle Irace, Planning Manager, Craig Schlatter, Community Development Director PRESENTER: Michelle Irace, Planning Manager; Craig
Schlatter, Community Development Director
ATTACHMENTS:

1. RCU Project Renderings- 1st and 2nd design iterations submitted on 12/22/22 and 02/13/23

2. RCU Project Renderings- 3rd design iteration and Minutes of the 03/23/23 Design Review Board

3. RCU Project Renderings- 4th design iteration reviewed by Planning Commission on 05/10/23

4. RCU Project Renderings- 5th design iteration and Minutes of the 06/14/23 Planning Commission Meeting including Findings of denial

5. Appeal Letter submitted by Applicant on 06/26/23

6. RCU Project Renderings- 6th design iteration and additional correspondence submitted on 07/05/23

7. City Attorney Memo on Appeal Procedure and Clarifications of City Code 071123

8. Staff Analysis of appeal materials and 6th design iteration 071323

9. Draft Findings for Approval, revised 071323

10. Draft Conditions of Approval, revised 071323
Summary: Council will conduct a public hearing to consider an appeal of the June 14, 2023, Planning Commission's denial of Major Site Development Permit No. 22-7977 for construction of a Redwood Credit Union Bank Facility at 101 South Main Street, within the Downtown Core (DC) General Plan land use designation and the Urban Center (UC) zoning district of the Downtown Zoning Code (DZC).

Background: On December 12, 2022, an application for a Major Site Development for construction of a bank facility at 101 South Main Street (“Project”) was submitted to the Community Development Department's Planning Division by Axia Architects, on behalf of Redwood Credit Union (“RCU” or “Applicant”). The Project would facilitate demolition of the two existing structures associated with Demolition Permit No. 21-6155, which was conditionally approved by the City Council on May 18, 2022. Per Mitigation Measure CUL-2 included in the Initial Study and Mitigated Negative Declaration (ISMND) approved for the Demolition Permit, the permit for demolition of the existing building (101 South Main Street) cannot be issued until a development proposal is approved, incorporating salvaged or similar pressed metal into the new building to pay homage to the agricultural commercial function of the original building. The ISMND may be found online at:
https://cityofukiah.com/ceqa-review/.

Since initial submittal in December of 2022, the Project has been redesigned five times in response to recommendations and feedback received from City Planning Staff, the Design Review Board, Historical Society of Mendocino County, members of the public, and the Planning Commission. Below is a summary of the Project’s review timeline and design modifications between December 2022 and June 2023. Weblinks to specific referenced meetings are provided. Each meeting may also be accessed by navigating to the specific meeting from the City’s meetings webpage at: https://cityofukiah.com/meetings/.

Initial Application Review and Referral, December 12, 2022 to February 22, 2023 • Applicant submits initial application on December 12, 2022 (first design iteration). • Incomplete letter sent to Applicant from Planning Division Staff on December 27, 2023, and additional information requested by Staff on February 22, 2023.
• Applicant submits modifications to the design of the Project on February 13, 2023 (second design iteration). Design includes two options for use of new metal siding based on metal siding analysis completed by the Applicant concluding that existing metal was unusable and contains lead. • Staff refers Project to City departments and external entities with interest in or jurisdiction over the Project for review and comment(s) on February 22, 2023. • First and second Project design iterations included in Attachment 1.

Applicant Submits Third Design Iteration and Additional Information on March 15, 2023 • Applicant submits third design iteration and additional information and clarifications in response to items identified in the incomplete letter, subsequent correspondence related to Downtown Zoning Code requirements, and comments provided by other City departments and external entities.

Design Review Board (“DRB”) Public Meeting, March 23, 2023 • At their regular meeting of March 23, 2023, DRB reviews third design iteration and recommends approval of the Project with six recommendations.
• DRB also determines that Project meets intent of Mitigation Measure CUL-2 associated with Demolition Permit No. 21-6155 intended to pay homage to the historic nature of the existing pressed metal siding on the 101 South Main Street building.
• Third Project design iteration and minutes of the DRB meeting with recommendations included in Attachment 2.
• Link to March 23, 2023 DRB meeting: https://ukiahca.portal.civicclerk.com/event/1475/overview.

Applicant Submits Fourth Design Iteration on April 17, 2023 • Fourth design iteration includes Project modifications made by Applicant responding to six DRB design recommendations.
• Fourth design iteration included in Attachment 3.

Planning Commission (“Commission”) Public Hearing, May 10, 2023 • Commission reviews Project (fourth design iteration) at their regular meeting on May 10, 2023. • Commission moves (3-1 vote) to continue public hearing to June 14, 2023 and asks Staff to prepare findings for denial of the Project based upon the Commission’s comments at the May 10 hearing. • Link to May 10, 2023, Planning Commission meeting:
https://ukiahca.portal.civicclerk.com/event/1657/overview.

Applicant Submits Fifth Design Iteration on June 13, 2023 • Fifth design iteration includes Project modifications made by Applicant responding to Planning Commission and public comments at the May 10, 2023 meeting.

Planning Commission Continued Public Hearing, June 14, 2023 • Commission reviews Project (fifth design iteration) at their continued public hearing on June 14, 2023. • Commission votes (4-1) to deny the Major Site Development Permit, based upon the proposed findings by Staff reflecting the Commission's May 10 comments, as well as those prepared by Commissioners Michelle Johnson and Alex de Grassi.
• Fifth Project design iteration, Minutes of the May 14, 2023 Commission meeting, and findings for denial included in Attachment 4.
• Link to June 14, 2023 Planning Commission continued public hearing:
https://ukiahca.portal.civicclerk.com/event/1658/overview.

Appeal of Planning Commission’s Decision Received June 26, 2023 • City Staff receives appeal to the Commission’s decision to deny the Major Site Development Permit for the Project from Applicant, Axia Architects, on behalf of Redwood Credit Union (henceforth, “Appellant”).
• Appeal letter included as Attachment 5.
• Applicant/Appellant identifies the following points in their appeal letter as the basis for the appeal:

1. The Findings for Denial made by the Planning Commission are based in most cases on broad language from the General Plan. Words like “encourage”, “should”, and “promote” for downtown visioning have been interpreted as mandates for this individual site.

2. The Findings for Denial prescribe requirements on the project in excess of those stated in the General Plan and Downtown Zoning Code.

3. The Findings for Denial are based in some cases on information that is conflicting with the findings of the Community Development Department.

Additional Appeal Materials Submitted by Appellant July 5, 2023 • Appellant submits additional appeal materials and a sixth Project design iteration via email on July 5, 2023.
• Sixth Project design iteration included as Attachment 6.

Memorandum Released by City Attorney's Office July 11, 2023 • Memorandum released by City Attorney David Rapport to City Council regarding appeal procedures and clarifications to Ukiah City Code.
• Memorandum included in Attachment 7.

Staff Completes Analysis of July 5 Appeal Materials and Sixth Project Design Iteration July 13, 2023 • Staff analysis included in Attachment 8.
• Staff concludes the following:
o Staff agrees with Appellant that words within the 2040 General Plan like “encourage”, “should”, and “promote” are not be interpreted as mandates for individual projects. o Staff neither agrees or disagrees with Appellant’s statement that Planning Commission Findings for Denial prescribe requirements in excess of those stated in the General Plan and Downtown Zoning Code.

o Staff agrees with Appellant that Findings for Denial adopted by the Commission are based in some cases on information that is conflicting with the recommended findings of the Planning Division of the Community Development Department.
o Based on the information provided by the Applicant, Staff finds the 6thdesign iteration consistent with all of the design and development standards within the DZC, apart from the requested three (3) exceptions. See below for a summary of the three requested exceptions and Staff's conclusions.

Exception #1: Exception to maximum rear setback.
• Staff conclusion: Because of side yard building setback requirements in the DZC and the parcel being a square corner lot, the building would have to cover nearly the entire lot uniformly as a square building to meet all the required setbacks. Even if the access easement, also part of the project site, was to be relocated further south on the parcel, this setback requirement would not be achievable. As such, there is no feasible alternative to meet this maximum rear setback and the Exception can be supported. • See page 5 of Attachment 8 for additional detail.

Exception #2: Exception to the maximum side setback.
• Staff conclusion: In addition to the conclusion related to setbacks in point #1 above, modifications proposed in the sixth design iteration would further enhance pedestrian improvements and connectivity along Perkins St, which is an intention of the General Plan Downtown Core land use designation, the DZC, and the findings required for exceptions. This Exception can be supported. • See page 6 of Attachment 8 for additional detail.

Exception #3: Exception to the minimum height requirement. • Staff conclusion: Rather than maximum height requirements like other sections of the City’s zoning code, the DZC requires a minimum height, measured by the number of stories (two). At the time of adoption of the DZC, the minimum height requirement was adopted by City Council with the understanding that a pathway for flexibility through Exceptions would be available to applicants if proposed buildings met the overall intent of the DZC.

Modifications within the sixth design iteration include increasing the building height from 12 ft to 25 ft with a faux second story to pay homage to other historic buildings downtown and the intention of the DZC. Although the building would not have two full stories, the design aesthetic meets the intent and vision of the DZC. This Exception can be supported.
• See page 6 of Attachment 8 for additional detail.

Staff also supports the granting of the three requested Exceptions due to the Project site being located on a corner lot, the parcel size and shape, preservation of the existing Oak trees, required existing access easement, accommodating Project components related to pedestrian access, and because of the design considerations related to Mitigation Measure CUL-2.

Discussion: Since original submittal of the application in December 2022, the project has been redesigned by Redwood Credit Union a total of five times, resulting in the final rendering (sixth iteration) in Attachment 6. In Staff’s opinion, the result of significant review and comments submitted by members of the community, Historical Society of Mendocino County, the Design Review Board, Planning Commission, and City Staff has resulted in a greatly improved overall project. For this reason, as well as analysis provided by Staff in Attachment 7, Staff supports approval of the Major Site Development for the Project, as revised by Applicant/Appellant on July 5, 2023.

Staff recommends that City Council conduct a public hearing to consider the appeal request; and overturn the Planning Commission denial of the Project, approving the Major Site Development Permit, as revised on July 5, 2023; and find the Project consistent with the intent of Mitigation Measure CUL-2 related to Demolition Permit No. 21-6155, allowing issuance of the Demolition Permit, based on the Findings for approval in Attachment 9 and the Conditions of Approval in Attachment 10.

Alternatively, Council may uphold the Planning Commission's denial of the Project and disallow issuance of the Demolition Permit. Council may also choose to direct additional modifications prior to making a decision. If Council chooses to uphold denial of the Project, Council may adopt the Planning Commission's Findings for denial or revise and/or adopt new findings as desired.

Recommended Action: Staff recommends City Council 1) conduct a public hearing to consider the appeal request, in accordance with UCC Section 9266; and 2) overturn the Planning Commission denial of the Project, approving the Major Site Development Permit, as revised on July 5, 2023; and 3) find the Project consistent with the intent of Mitigation Measure CUL-2 related to Demolition Permit No. 21-6155, allowing issuance of the Demolition Permit, based on the Findings included in Attachment 9 and the Conditions of Approval included in Attachment 10.

Alternate actions are included for review in the Discussion section of the Staff Report.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: David Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

DRIVE UP ATM

GENERATOR
, CALIFORNIA

UKIAH - NEW BRANCH

CONCEPTUAL EXTERIORELEVATIONS
101 SOUTH MAIN ST, UKIAH
DECEMBER 12, 2022

EAST ELEVATION

NORTH ELEVATION

WEST ELEVATION

SOUTH ELEVATION
0' 4' 8' 16' 24'

STAMPED METAL SIDING TRIBUTEGENERATOR
ATTACHMENT 1
1st EFTJHO
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PO


, CALIFORNIA

UKIAH - NEW BRANCH
MATERIAL BOARD 101 SOUTH MAIN ST, UKIAH
DECEMBER 12, 2022

CONCEPTUAL EXTERIOR VIEW

FULL COVER METAL AWING WITH CANOPY TRESPA SIDING, WOOD APPEARANCE

HANGERS AT ENTRANCES

STOREFRONT WINDOWS,

ANODIZED ALUMINUM

PLASTER FINISH, PAINTED

METAL PARAPET CAP, PAINTED

STAMPED METAL SIDING,SOUTH SIDE OF BUILDING, SEE CONCEPTUAL ELEVATIONS

TRIBUTE SIDING

STAMPED METAL

SIDING TRIBUTE

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CITY OF UKIAH

DESIGN REVIEW BOARD MEETING MINUTES
Held in person and via Zoom teleconference
March 23, 2023
3:00 p.m.

1. CALL TO ORDER
The meeting was held in person and virtually via Zoom teleconference at the following link:
https://us06web.zoom.us/j/81821430811. Chair Tom Liden called the Design Review Board meeting to order at 3:00 p.m.

Chair Tom Liden presiding.

2. ROLL CALL
Members Present: Meaux, Hawkes, Gordon and Chair Liden. Absent: None Staff Present: Michelle Irace, Planning Manager; Craig Schlatter, Community Development Director.

3. CORRESPONDENCE
All correspondence related to Item 6a has been distributed to the DRB and uploaded to the agenda item prior to the meeting.

4. APPROVAL OF MINUTES
Approval of May 26, 2022 Special Meeting Minutes.

Motion/Second: Meaux/Hawkes: to approve the minutes of the May 26, 2022 Special Meeting as submitted. Motion carried by the following roll call votes: AYES: Meaux, Hawkes, Gordon, Liden. NOES: None. ABSENT: None ABSTAIN: None

5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
None.

6. NEW BUSINESS
6a. Review and Recommendation to the Planning Commission Regarding an Application for a Major Site Development Permit for Construction of a Redwood Credit Union Bank Facility at 101 S. Main St. APN 002-231-001; File No. 22-7977 Chair Liden stated that he is recusing himself from this item due to a conflict.

Planning Manager Michelle Irace presented the project.

CHAIR LIDEN OPENED THE ITEM FOR PUBLIC COMMENT AT 3:17 P.M.

Speakers: Doug Hilberman, Tony Hildesheim, Todd Andrus, Mike Cook, Alyssa Ballard, Dennis Crean, Pinky Kushner.

CHAIR LIDEN CLOSED THE PUBLIC COMMENT AT 4:39 P.M.

CHAIR LIDEN REOPENED THE PUBLIC COMMENT AT 4:51 P.M.

Speakers: Doug Hilbernam
CHAIR LIDEN CLOSED THE PUBLIC COMMENT AT 4:51 P.M.

Motion/Second: Meaux/Gordon made a motion to recommend approval of the project to the Planning Commission, with the following recommendations:

1. Study Perkins Street entrance for potential removal to allow for additional space to re-orient and design the building.

2. Consider moving Ginkgos proposed along the south parking lot parcel line away from the property line and adjacent building.

3. Add windows or openings up high on the west facing trespa wall to break up the west façade with possible addition of a green or living wall.

4. Recess the glazing on the north face (Perkins St) 12 inches.

5. Consider contrasting colors to make the metal siding more prominent.

6. Consider wrapping glazing around the corner of Main and Perkins streets.

Motion carried by the following roll call votes: AYES: Meaux, Gordon. NOES: Hawkes ABSENT: None. ABSTAIN: None; Liden recused himself.

Motion/Second: Meaux/Gordon made a motion finding that the project, as proposed, meets the intent of Mitigation Measure CUL-2 associated with Demolition Permit No. 21- 6155 and Initial Study and Mitigated Negative Declaration No. 21-662 (State Clearinghouse No.2022030389) intended to pay homage to the historic nature of the existing pressed metal siding on the 101 S. Main Street building.

Motion carried by the following roll call votes: AYES: Meaux, Gordon, Hawkes. NOES: None.

ABSENT: None. ABSTAIN: None; Liden recused himself.

7. MATTERS FROM THE BOARD
Chair Liden would like to discuss the vacancy on the DRB and the possibility of electing a new Chair.

8. MATTERS FROM STAFF
None.

9. ADJOURNMENT
There being no further business, the meeting adjourned at 5:14 p.m.

GENERATOR FENCE DRIVE UP ATM

ENCLOSURE
, CALIFORNIA

UKIAH - NEW BRANCH
CONCEPTUAL EXTERIOR ELEVATIONS 101 SOUTH MAIN ST, UKIAH APRIL 14, 2023

EAST ELEVATION

NORTH ELEVATIONWEST ELEVATIONSOUTH ELEVATION
0' 4' 8' 16' 24'

GENERATOR FENCE ENCLOSURE

STAMPED METAL SIDING TRIBUTE

STAMPED METAL SIDING TRIBUTE

STAMPED METAL SIDING TRIBUTE

STAMPED METAL SIDING TRIBUTE
SIGNAGE NOTE: 52' BUILDING FRONTAGE X 1.5 = 78 SQ FT ALLOWED LOGO & LETTERS TOTAL SIZE = 55.36 SQ FT
SIGNAGE NOTE: 102' BUILDING FRONTAGE X 1.5 = 153 SQ FT ALLOWED LOGO & LETTERS TOTAL SIZE = 84.5 SQ FT
SIGNAGE NOTE: 102' BUILDING FRONTAGE X 1.5 = 153 SQ FT ALLOWED LOGO & LETTERS TOTAL SIZE = 84.5 SQ FT
ATTACHMENT 3
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, CALIFORNIA

UKIAH - NEW BRANCH
CONCEPTUAL EXTERIOR VIEW 101 SOUTH MAIN ST, UKIAH
APRIL 14, 2023

VIEW FACING SOUTH - EAST

REDWOOD CREDIT UNION

UKIAH BRANCH
APN 002-231-001
4,331 SQ FT
FINISHED FLOOR 628.48

EAST PERKINS STREET
MAIN ST.

INGRESS AND EGRESS

FROM MAIN STREET

INGRESS AND EGRESS

FROM PERKINS STREET

DRIVE THROUGH ATM KIOSK

APPROXIMATE PROPERTY LINE

EASEMENT TO

ADJOINING

PROPERTY
TRASH

ENCLOSURE

EXISTING TREES TO REMAIN

AREA OF

BIORETENTION,

SEE CIVIL

DRAWINGS

EXISTING LAMP POSTTO REMAINEXISTING LAMP POSTTO REMAIN
628
627
626
625
624
623
622
627
625 628

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GENERATOR
ENTRY

EV CHARGING

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3.6% SLOPE
626
627

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EXISTING TREES TO REMAIN, TYPICAL
ENTRY

ENTRY ENTRY

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LANDSCAPING

FENCE ENCLOSURE W/ GATE
, CALIFORNIA

UKIAH - NEW BRANCH
CONCEPTUAL SITE PLAN 101 SOUTH MAIN ST, UKIAH
APRIL 14, 2023
NORTH 0' 10' 25' 50'

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ATTACHMENT 4
5th design iteration-reviewed by Planning Commission on 6/14/23

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Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
1 FINDINGS FOR DENIAL OF A MAJOR SITE DEVELOPMENT PERMIT FOR

CONSTRUCTION OF A REDWOOD CREDIT UNION BANK FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
The Planning Commission’s denial of the Major Site Development Permit for construction of a ±4,331 sf Redwood Credit Union bank facility at 101 S. Main St. and the requested Exceptions from the Downtown Zoning Code (File No. 22-7977) is based on the following Findings.

Site Development Permit Findings for Denial – Downtown Zoning Code

1. The Planning Commission finds that the proposed Project is not consistent with the following City of Ukiah General Plan Policies:

Land Use Element
• Policy LU-2.1 Downtown Mixed-Use. The City shall encourage mixed-use development to locate within the Downtown. Such developments include housing, retail commercial, offices, open space, and other compatible uses. This development pattern should create vibrant, walkable areas, rather than non-pedestrian friendly strip retail developments along downtown corridors.
• Policy LU-2.2 Compatibility with Adjacent Uses. The City shall require new mixed-use development to be compatible with adjacent land uses, particularly residential uses, through site and architectural design techniques that establish transitions between uses and minimize negative impacts.
• Policy LU-2.3 Mixed-Use Design. The City shall require new mixed-use development to limit the number of access driveways, minimize building setbacks, and provide public ground floor spaces adjacent to sidewalks.
• Policy LU-3.4 Downtown Pedestrian Improvements. The City shall work with public agencies and private entities to create a safe, convenient, and pleasant pedestrian environment that supports the continued revitalization of the Downtown area.

Improvements could include pedestrian-oriented amenities such as lighting, wider sidewalks, clearly marked pedestrian crossings, benches, landscaping, signage, sidewalk seating areas, and public art.

2. The Planning Commission finds the Project’s proposed density is not consistent with the Downtown Zoning Code and General Plan.

3. The Planning Commission finds that the requested Exceptions to the Downtown Zoning Code related to maximum parking, maximum setbacks and minimum height standards cannot be granted for the following reasons:
a. The Project does not meet the vision and intent of the Downtown Zoning Code. b. The Project would result in hazardous traffic and circulation issues.

Associated Findings for Denial
Prepared by Planning Staff based on Commission's May 10 hearing discussion

PLANNING COMMISSION DRAFT FINDINGS FOR DENIAL OF A MAJOR SITE

DEVELOPMENT PERMIT FOR CONSTRUCTION OF A REDWOOD CREDIT UNION BANK

FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
The Planning Commission’s recommendation for denial of a Major Site Permit to allow the construction of a ± 4,715 sf of a Redwood Credit Union bank facility with a drive-thru ATM at 101 S. Main St., as described in the amended application materials and Staff Report dated June 13, 2023. This denial is based on the following findings in accordance with the General Plan and Downtown Zoning Code.

Site Development Permit Findings – Downtown Zoning Code The proposed project is not consistent with the City of Ukiah General Plan, Ukiah City Code, and the Downtown Zoning Code.

Land Use Element
TABLE 2-1 GENERAL PLAN LAND USE DESIGNATIONS
DOWNTOWN CORE LAND USED DESIGNATION: This designation is intended to establish and promote Downtown Ukiah as the central gathering place in the community for commercial, entertainment, hospitality, and urban living. Development in the Downtown Core is meant to establish a walkable, infill-oriented environment, focusing on multi-modal transportation and overall connectivity to the remainder of the city. This designation allows for a combination of higher-density residential, mixed-use, office, and commercial uses. Projects in this designation are required to comply with the design standards and guidelines as specified in the Downtown Zoning Code.

The Planning Commission finds the proposed project does not support this policy. The General Plan Land Use Designation calls for “Mixed-use multi-family, commercial, retail, live/work, office”. This is a single use project. This excerpt from TABLE 2-1 from the General Plan Land Use Designations was used to support recommendation of staff, but it did not include the last qualifying sentence: "Projects in this designation are required to comply with the design standards and guidelines as specified in the Downtown Zoning Code.” The Planning Commission finds that in fact the proposed project does not comply with the design standards as specified in DZC thereby negating any finding in favor of the proposed site development.

Table 2-1: General Plan Land Use Designations: This designation allows for a combination of higher-density residential, mixed-use, office, and commercial uses. Projects in this designation are required to comply with the design standards and guidelines as specified in the Downtown Zoning Code.

The maximum FAR for the Downtown Core is 2.5. The Planning Commission finds the Project’s proposed density is not consistent with the General Plan’s Downtown Core Land Use Designation. The proposed building is 4,331 sq. ft. on a 20,852 sq. ft. lot, giving it a FAR of only Prepared by Commissioner A. De Grassi

.207 which is only 8.3% of the allowable FAR with the addition of the proposed expansion (06/13/23), the proposed building would be $4,715 making a FAR of 0.226 of 9% of the allowable FAR) This low-density use of the land in the Downtown Core does not come anywhere near supporting the intention of the General Plan Downtown Core Land Use Designation which states: or the Downtown Zoning Code.
• LU-1.3: Neighborhood Infill: Because this land use designation also allows for and encourages mixed use--including housing with minimum density of 28 du/ac and a maximum density of 40 du/ac--the proposed RCU development does not support the mixed-use designation nor the housing element’s mandate to develop infill in the downtown core stated in and LU-1.4 of the General Plan. • Policy LU-2.1: Downtown Mixed-Use: The City shall encourage mixed-use development to locate within the Downtown. Such developments include housing, retail commercial, offices, open space, and other compatible uses. This development pattern should create vibrant, walkable areas, rather than non-pedestrian friendly strip retail developments along downtown corridors.

The Planning Commission finds the project submitted for the new RCU development can best be described as single use and “strip-commercial” and therefore does not comport with the General Plan policy LU-2.1.
• Policy LU-2.2: Compatibility with Adjacent Uses. The City shall require new mixed-use development to be compatible with adjacent land uses, particularly residential uses, through site and architectural design techniques that establish transitions between uses and minimize negative impacts.

The Planning Commission finds the proposed project does not support this policy because it is single use and not mixed use as called for in LU-2.1. Any attempt to compare the project with existing buildings must consider that the new DZC would not allow the types of single-story buildings that currently exist east of Main St.

Comparisons should be made with existing multi-story buildings in the Downtown Core that accord with the current General Plan Land Use Designation and Downtown Zoning Code. Furthermore, the architectural style of the proposed project represents a more generic and suburban design that would typically be found in suburban locations—not in the downtown core of a city.
• Policy LU-2.3: Mixed-Use Design. The City shall require new mixed-use development to limit the number of access driveways, minimize building setbacks, and provide public ground floor spaces adjacent to sidewalks.

The Planning Commission finds the proposed project does not support this policy. This project proposes 2 driveways—one on Perkins Street designated for drive-through services, and the second one for access to a parking lot from Main Street. Additionally, it provides an easement for a third access via the property directly to the east on Perkins Street. This does not accord with LU-2.3 policy. The use of the word “shall” in the above policy means that new projects must limit the number of access driveways to

avoid the consequence of increased traffic congestion and potentially hazardous traffic and pedestrian conditions. Furthermore, the project has requested major exceptions to setbacks which do not come close to those proposed in the DZC. • Policy LU-1.4: High-Density Residential Uses: The City shall encourage new high-density residential development to locate in areas close to services and transit.

The Planning Commission finds the proposed project does not support this policy. The proposed project is very low density and does not include any residential development in an area where such use is encouraged by the General Plan. • Policy LU-3.3: Downtown Arts Entertainment: The City shall encourage private-sector investment in Downtown to transform it into a safe, vibrant, and prosperous arts and entertainment district that offers enhanced shopping, dining, recreational, and cultural experiences and events for residents, families, and visitors. (Source: New Policy) The proposed project does not satisfy any of components of the Downtown Arts Entertainment Land Use Policy for the Downtown Core and the single use Credit Union will not be open in the evenings. While the applicant has offered to let the public use the proposed project’s parking spaces in the evening, there already exists adequate nighttime parking downtown and by locating a daytime only facility in this location removes any future opportunity to create such a facility. • Policy LU-10.1 Downtown Zoning Code: The City shall update the Downtown Zoning Code to assure consistency with the General Plan goals, policies, and land use designations. (Source: New Policy). The Planning Commission finds that the proposed project would require a change in the General Plan to allow this exception.

Mobility Element
• Policy LU-3.4: Downtown Pedestrian Improvements. The City shall work with public agencies and private entities to create a safe, convenient, and pleasant pedestrian environment that supports the continued revitalization of the Downtown area.

Improvements could include pedestrian-oriented amenities such as lighting, wider sidewalks, clearly marked pedestrian crossings, benches, landscaping, signage, sidewalk seating areas, and public art.

The Planning Commission finds the proposed project does not support this policy. There was no traffic study conducted to determine the impact this project will have so there is no factual basis for supporting this policy. With two driveways and especially with a drive-thru access from Perkins Street, this project will very likely disrupt pedestrian traffic along the Perkins and Main Street corridors, and therefore it does not accord with policy LU-3.4 to “create a safe, convenient, and pleasant pedestrian environment.” The drive thru banking services access from Perkins Street would be located only approximately 120 feet from the major 4 way stop-sign intersection of Perkins and Main. No traffic study was prepared for this permit application, but it seems highly likely there will be significant impact to traffic congestion and safety. Regardless of the

by-right designation for a drive-thru on Perkins Street, the proximity to the intersection with many, perhaps a majority of customers using the drive-thru will be attempting to make a left turn across traffic within ± 120 ft of the intersection, creating congestion, potentially hazardous traffic conditions, and discouraging pedestrians from using the sidewalk.

GOAL MOB-2: “To reduce vehicle miles traveled (VMT) to and from residences, jobs and commercial uses in Ukiah.
• Policy MOB 2: The City shall support development and transportation improvements that help reduce VMT below regional averages on a “residential per capita” and “per employee” basis. The Planning Commission finds that there is no date to support that this project will reduce VMT. No traffic study or other data has been provided to indicate that the project will result in any reduction in vehicle miles traveled. Since the project entails the applicant simply relocating its business a few blocks from its current location, it is reasonable to assume that VMT will not appreciably change.

Policy-2.2: Transportation demand management: “The City shall support programs to reduce vehicle trips, including measures such as reduced parking requirements that aim to increase transit use, car-pooling, bicycling, and walking.” (p. 4-20) The Planning Commission finds that there is no evidence that the project will support programs to reduce vehicle trips. The applicant has requested an exception for parking spaces that exceed the maximum allowed by the DZC. Thus, allowing this exception would result in increased, and not reduced, parking.

The Planning Commission finds the proposed project does not meet the requirements of the following Downtown Zoning Code.
• 9220. Purpose: The purpose of the downtown zoning code is A. To create an urban environment that implements and fulfills the goals, objectives and strategies of the Ukiah General Plan by encouraging the development of a healthy, safe, diverse, compact and walkable community.

B. To implement the vision for the study area created by the community during an intense and open community design charette process in 2007. The Planning Commission finds that the proposed project does not support either of the above purposes. • 9225.3 Building Types Table 6:

1. The Planning Commission finds that the side and rear setbacks for this project do not meet the standards of O ft. for the side and 6 ft for the rear. With the addition of the canopy proposed, the side setback is met, however, that addition is setback ± 20’ or more from Perkins Street, has a lower roofline, and it does not present a façade to Perkins St.

2. The project does not meet the minimum 2-story minimum height requirement.

• §9231.3 SITE DEVELOPMENT PERMITS, C. Findings: The review authority may approve a site development permit application only after first finding the proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this code (DZC). The Planning Commission finds that the proposed project is not consistent with either the General Plan or the Downtown Zoning Code.

Discussion Item- Commissioner Michelle Johnson
Findings for Denial – General Plan

1. The project as proposed limiting the project site to one use is not consistent with the following General Plan Vision and Guiding Principles:
• Community Vitality Guide land uses and development that meet the needs of the community, are environmentally conscious, and maintain Ukiah as a diverse, familyoriented, and friendly community, where people from all racial, ethnic, and cultural backgrounds thrive socially, economically, academically, and physically. • Neighborhood Identity Ensure development in all neighborhoods is compatible with the unique characteristics and land use patterns and fosters a sense of place. • Economic Development Promote a diverse, local, business-friendly economy that fosters new job growth and is adaptable to changes in consumer habits and market trends. • Mobility Maintain and advance a well interconnected circulation network that accommodates and encourages alternative modes of transportation that reduce congestion and encourage walkable and bikeable neighborhoods. • Environmental Care Manage, conserve, and preserve the existing natural environment to ensure sustainable longevity for present and future generations. • Inclusivity Foster an inclusive community through conditions that allow for and stimulate a diversity of housing options for community members of all ages, incomes, and ethnicities.

The proposed project site has been identified in the recently approved General Plan 2040, the City of Ukiah Municipal Code Division 9 Planning and Development, Article 18 Downtown Zoning Code, Ukiah Airport Land Use Compatibility Plan (adopted May 20, 2021), and other Community Plans to support medium to higher density residential and commercial uses. The project as proposed as a single use limits a combination of employment and residential opportunities that would both provide jobs and housing for the City’s residents.

The proposed building design does not improve and enhance the appearance and vibrancy of the Downtown. New construction in and of itself does not necessarily result in an improved appearance, and the design of the proposed building can reasonably be considered to detract from the character of the historic Downtown due to its style. The site development, consisting largely of paved driveways and parking, will also detract from the dense urban character envisioned for this site by the General Plan. The auto-oriented use proposed for the site will detract from the vibrancy of the Downtown as a walkable environment.

2. The proposed project as a single-use commercial bank in a new single-story approximately 4,333 sq. ft building, drive up ATM, and parking lot with 19 vehicle spaces is not consistent with the General Plan Land Use purpose and application including Polices LU-2.1, LU-2.2, LU-2.4, LU-2.5, LU-3.1, LU-3.4, LU-3.5. The East Perkins Street and State Street central core locations are part of the Downtown Zoning District. This designation is intended to establish and promote Downtown Ukiah as the central gathering place in the community for commercial, entertainment, hospitality, and urban living. Some of the intended Uses include a combination of multi-family dwellings, mixed-use multi-family, commercial, retail, live/work, office, Entertainment venues, etc.

Prepared by Commissioner M. Johnson

Discussion Item – Commissioner Michelle Johnson
Development in the Downtown Core is meant to establish a walkable, infill-oriented environment, focusing on multi-modal transportation and overall connectivity to the remainder of the city. The proposed project is car centric designed with a large parking lot and drive-up ATM. A Drive-up ATM does not encourage walkability, it encourages people to drive and not get out of their cars instead incentivize patrons to explore the downtown and support adjacent venues, businesses, restaurants, etc.

The project as proposed has not provided a traffic study not demonstrated how it will advance a well interconnected circulation network that accommodates and encourages alternative modes of transportation that reduce congestion and encourages walkable and bikeable neighborhoods or include amenities that connect and create a comfortable environment for walking, sitting, and socializing.

3. The proposed project is not consistent with the General Plan Land Use designation of Downtown Core including but limited to because this designation allows for a combination of higher-density residential, mixed-use, office, and commercial uses. The proposed project site is a 22,000 sq. ft lot currently developed with two commercial uses that were operational up until recently. The proposed project is a single-use and includes no residential or other mixed-use development.

The project is low-density, with a floor area ratio (FAR) of approximately 0.22 (4,331 sf/20,000 sf lot), which is less than 10% of the allowed density of 2.5 which is not within the intended density range identified for the site.

Findings for Denial – Zoning Code
The proposed project to construct a low-density single-story building for commercial use in the Urban Center is not consistent with the General Plan because it is inconsistent with the following in the Downtown Zoning Code:

The following minor/major exceptions needed for approval to construct a low-density single-story building for commercial use at 101 S. Main Street cannot be supported for the following reasons:

1. The Project does not meet the vision and intent of the Downtown Zoning Code.

Height – the minimum height requirement of two stories is intended to encourage mediumhigh density residential & commercial uses in the Urban Core. This promotes mixed use building that can provide both residential and business opportunities in one location. This kind of development supports sustainability, walkability, small businesses, affordable housing, etc. The vision for medium-high density residential & commercial uses downtown is consistent within the General Plan 2040, Airport Plan, and other Community Plan.

2. The Project would result in hazardous traffic and circulation issues. • The drive-up ATM supports auto-oriented development. Auto-oriented development is inconsistent with the vision and intent of the Downtown Zoning Code including walkable streets, economic vitality and pedestrian friendly neighborhoods.

Discussion Item – Commissioner Michelle Johnson
• The traffic impacts of a new commercial business and a drive-up ATM at a highly trafficked four-way intersection has not been evaluated. A traffic study should be provided by the applicant.

ATTACHMENT
5

ATTACHMENT 6

REDWOOD CREDIT UNION

UKIAH BRANCH
APN 002-231-001
4,715 SQ FT
FINISHED FLOOR 628.48

EAST PERKINS STREET
MAIN ST.

INGRESS AND EGRESS

FROM MAIN STREET

EGRESS TO

PERKINS STREET

APPROXIMATE PROPERTY LINE

EASEMENT TO

ADJOINING

PROPERTY

EXISTING TREES TO REMAIN

AREA OF

BIORETENTION,

SEE CIVIL

DRAWINGS

EXISTING LAMP POST

TO REMAIN

EXISTING LAMP POST

TO REMAIN
628
627
626
625
624
623
622
627
628
625

BIKE RACK
ENTRY

EV CHARGING

STATION

EV CHARGING

STATION

LANDSCAPING

ACCESSIBLE PATH

3.6% SLOPE
626
627

LANDSCAPING

EXISTING TREES TO

REMAIN, TYPICAL
ENTRY

ENTRY ENTRY

LANDSCAPING

LANDSCAPING

LANDSCAPING

PROPOSED PARKLET

PROPOSE COORDINATION EFFORT WITH NEIGHBOR

BENCHES
BENCH
BENCH

PROPOSED PARKLET
7 1

AREA OF BUILDING

EXPANSION

AREA OF BUILDING

EXPANSION

SETBACK
6' - 0" SIDE YARD
TRASH

ENCLOSURE

GENERATOR

ENCLOSURE

ONE WAY
ONLY
RIGHT
TURN
ONLY
8 PROPOSED ART ALONG

NEIGHBOR WALL
BENCH
, CALIFORNIA

RCU UKIAH BRANCH
CONCEPTUAL SITE PLAN 101 SOUTH MAIN ST, UKIAH
JULY 05, 2023
NORTH
0' 10' 25' 50'

, CALIFORNIA

RCU UKIAH BRANCH
MATERIAL BOARD 101 SOUTH MAIN ST, UKIAH
JULY 05, 2023

CONCEPTUAL EXTERIOR VIEW

FULL COVER METAL AWING WITH

CANOPY HANGERS AT ENTRANCES

COLOR C

STOREFRONT WINDOWS,

ANODIZED ALUMINUM

PLASTER FINISH, PAINTED

COLOR A

METAL PARAPET CAP,

PAINTED COLOR C

STAMPED METAL SIDING,

SEE CONCEPTUAL ELEVATIONS

COLOR B
NOTE: TREES REMOVED FOR VISUAL ACCESS TO THE BUILDING FINISHES.

COLOR A

KELLY MOORE - TRANQUIL TAUPE

COLOR B

KELLY MOORE - BAT WING

COLOR C

LEAF GREEN

NOT TO SCALE

Law Offices Of

RAPPORT AND MARSTON
An Association of Sole Practitioners
405 W. Perkins Street
Ukiah, California 95482
e-mail: [email protected]
David J. Rapport (707) 462-6846
Darcy Vaughn FAX 462-4235

M E M O R A N D U M
TO: Mari Rodin, Mayor, and the members of the Ukiah City Council FROM: David J. Rapport, City Attorney
DATE: July 11, 2023
SUBJECT: Appeal to City Council of Planning Commission decision __________________________________________________________________ I have been asked to explain: (1) The procedures required for conducting the hearing on the appeal by the Redwood Credit Union from the Planning Commission decision denying the Redwood Credit Union’s application for a Site Development Permit; and (2) the standards for granting “exceptions” to zoning requirements in the Downtown Zoning Code (“DZC”) as authorized by the City’s zoning ordinance.

1. Hearing procedure:
a. Due process requirements. A hearing on an application for a discretionary land use permit or on an appeal from the Planning Commission decision granting or denying the permit is a quasi-judicial administrative hearing that must comply with the due process clause in the 14th Amendment to the U.S.

Constitution.

Due process includes the right to a hearing before an impartial decision-maker, a decision based on the information presented during the hearing and findings based exclusively on substantial evidence presented during the hearing or which are ATTACHMENT 7

To: Ukiah City Council Page 2
Subject: Hearing Procedure and Explanation of Exceptions Date: July 11, 2023
contained in the planning file for the project. (See Cal. Code of Civil Procedure Section 1094.5 which details the court’s review of quasi-judicial administrative decisions.)1
To satisfy the requirement of impartiality each councilmember should endeavor to keep an open mind and not make a decision, until after the appellant and those opposing the appeal have presented facts and arguments during the hearing.

In Petrovich Development Co., LLC v. City of Sacramento (2020) 48 Cal. App. 5th 963, the court of appeal set aside a City Council decision overturning the planning commission decision, because there were concrete facts in the record showing an unacceptable probability of actual bias of one councilmember who took affirmative steps to assist opponents of the permit and organized the opposition at the hearing, acting as an advocate. The decision would not prevent councilmembers from speaking with the appellant or opponents of the project prior to the hearing, but a councilmember should not make statements prior to the hearing suggesting that they have made a decision prior to the hearing.
b. Procedure for conducting the hearing. Under City Council Meeting Procedures, the Mayor is responsible for conducting the hearing to promote an orderly presentation of the evidence by the parties. The applicant and those supporting the application present their evidence and argument first. After those opposed to the project present their evidence and argument, the applicant should be allowed additional time for rebuttal. If the applicant presents new arguments or evidence during rebuttal, the opponents should be allowed some additional time to rebut the new evidence or argument.

1 “The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.”

To: Ukiah City Council Page 3
Subject: Hearing Procedure and Explanation of Exceptions Date: July 11, 2023
The Mayor can impose time limitations on all those wishing to present evidence or argument and may prevent the presentation of irrelevant, repetitive or cumulative testimony or argument, while preserving the right to a fair hearing. (City Council Meeting Procedure, §§ IV and VI, pp. 10-11, attached as Attachment 1.) Upon closing the public hearing portion of the meeting, the City Council can deliberate and decide the appeal by a motion and voice vote. The Council must adopt findings to support its decision. If the City Council upholds the Planning Commission decision, it could adopt or modify the Commission’s findings before adopting them as the City Council’s findings. If it were to modify or reverse the Planning Commission decision, the Council would need to adopt its own findings in support of its decision. In that event, it would have the option to direct staff to prepare findings in support of the City Council’s decision which the Council could consider for adoption as presented or as revised by the City Council during its next meeting.

2. Exceptions to the Requirements for Projects in the Downtown Zoning Code Districts.
“Exceptions” to the requirements in the DZC are expressly allowed. These are not “variances” as defined in Ukiah City Code Section 9277 and in Government Code Section 65906. Under the Government Code variances from the terms of a zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. a. Findings required for a variance.

Under Ukiah City Code 9264.D, the Zoning Administrator or the Planning Commission may grant variances from the applicable provisions of the zoning ordinance based on evidence submitted at a hearing on an application for a variance: To qualify for the variance the applicant must show that:
a. Because of special circumstances applicable to the property, including size,

To: Ukiah City Council Page 4
Subject: Hearing Procedure and Explanation of Exceptions Date: July 11, 2023
shape, topography, location, or surroundings, the strict application of the zoning ordinance requirements deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations. b. The issuance of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.
c. The grant of the variance would not be detrimental to surrounding property owners.
b. Exceptions, not variances, allowed in the Downtown Zoning District.

Under UCC §9231.5 variances are prohibited in the downtown zoning districts.

That section states: “Variances are prohibited within the boundaries of this [DZC].

Deviations from the requirements of this code are allowed through an exception as provided for in section 9231.5 of this code.”
c. Requirements for granting a request for Major Exception.

Under Section 9231.5: “Where this code allows specific requirements to be modified, such modification may be allowed with approval of an exception. Table 29: Exception Procedures, establishes two (2) levels of exceptions, major and minor, and the procedures for the review and processing of exceptions.” The exceptions sought by applicant Redwood Credit Union (“RCU”), include three (3) major exceptions: (1) allowing a greater side yard setback and (2) a greater rear yard set back than prescribed and (3) allowing the construction of a one story rather than the prescribed two-story building. According to Table 29 in the DZC, the following findings must be addressed.
(i) Major exceptions
The request for allowing a one-story building, and larger side and rear setbacks than prescribed constitutes major exceptions within the DZC and can be granted

To: Ukiah City Council Page 5
Subject: Hearing Procedure and Explanation of Exceptions Date: July 11, 2023
based on the following findings:

1. The request is consistent with the intent of the DZC and the Ukiah General Plan;

2. The project is compatible with the neighborhood and design intent of this DZC;

3. The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another;

4. The project provides adequate and appropriate pedestrian facilities and connections;

5. The project would not impair the desirability of investment, employment, or residence in the neighborhood;

6. The project is not detrimental to the public’s health, safety and general welfare;

7. Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas). (UCC, Table 29: “Findings for Grant of Permit.”)
(ii) Finding consistency with intent of DZC and General Plan The first listed finding refers to the “intent” of the DZC and the General Plan. This finding does not refer to every detailed provision of the DZC or every policy and provision of the General Plan. Even when the City Council must decide more generally whether a project is consistent with the City’s general plan as opposed to the more limited finding of “intent" under the first listed finding above, case law has adopted a “deferential” standard of court review.

To: Ukiah City Council Page 6
Subject: Hearing Procedure and Explanation of Exceptions Date: July 11, 2023
As stated by the court in Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1509-1510:

In reviewing an agency's decision for consistency with its own plan, “we accord great deference to the agency's determination. This is because the body which adopted the general plan policies in its legislative capacity has unique competence to interpret those polices when applying them in its adjudicatory capacity. [Citation.] Because policies in a general plan reflect a range of competing interests, the governmental agency must be allowed to weigh and balance the plan's policies when applying them, and it has broad discretion to construe its policies in light of the plan's purposes.

A project is consistent with a general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment. A given project need not be in perfect conformity with each and every general plan policy. To be consistent, a project must be ‘compatible with’ the objectives, policies, general land uses and programs specified in the general plan. (Families Unafraid to Uphold Rural Etc. County v. Board of Supervisors (1998) 62 Cal.App.4th 1332, 1336.)

Staff Analysis of Appeal Materials and 6th Design Iteration Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
1 DATE:

TO:

FROM:

July 13, 2023
City Council
Michelle Irace, Planning Manager; Craig Schlatter, Community Development Director
SUBJECT: Staff Analysis of Appeal Materials submitted June 26, 2023 and Sixth Project Design Iteration Submitted by the Applicant on July 5, 2023 for the Redwood Credit Union Major Site Development Permit; File No. 22-7977.

A. Appeal Materials Submitted June 26, 2023
In their June 23, 2023, letter, received by City Staff on June 26, 2023, Axia Architects as representative for applicant Redwood Credit Union states a basis, “in part,” for their appeal, as the following:
 The Findings for Denial made by the Planning Commission are based in most cases on broad language from the General Plan. Words like “encourage”, “should”, and “promote” for downtown visioning have been interpreted as mandates for this individual site.  The Findings for Denial Prescribe requirements on the project in excess of those stated in the General Plan and Downtown Zoning Code.
 The Findings for Denial are based in some cases on information that is conflicting with the findings of the Community Development Department.

Staff Analysis related to Appeal submitted June 26, 2023

1. Staff agrees with Appellant that words within the 2040 General Plan like “encourage”, “should”, and “promote” are not be interpreted as mandates for individual projects.

The 2040 General Plan provides a vision for what Ukiah hopes to become within the next 20 years. “To achieve the vision, a General Plan includes goals, policies, and implementation programs that address both immediate and long-term needs.” (2040 General Plan, Introduction).

Until implementation programs are completed and amendments to zoning code and sections of Ukiah City Code are adopted by the City Council, the 2040 General Plan remains a visionary document and does not prescribe mandates for individual projects.

ATTACHMENT 8

Staff Analysis of Appeal Materials and 6th Design Iteration Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
2 2. Staff neither agrees or disagrees with Appellant’s statement that Planning Commission Findings for Denial prescribe requirements in excess of those stated in the General Plan and Downtown Zoning Code.

Although Findings for Denial adopted by Commissioners indicated a perceived inconsistency between the Project and individual policies/goals the 2040 General Plan, it is the entirety of the General Plan and associated Environmental Impact Report (EIR) for which the Project must achieve consistency, not every single individual policy, goal, and implementation program. Zoning code consistency analysis was completed prior to adoption of the 2040 General Plan, and the zoning code, including the Downtown Zoning Code, was deemed consistent prior to adoption.

While a city’s or county’s land use decisions must be consistent with the goals and policies in its general plan, the courts have consistently held that a finding of general plan consistency requires only that a project be “compatible with,” the general plan, State law does not require precise conformity of a proposed project with the land use designation for a particular site or an exact match between the project and the general plan. Instead, development projects must simply be in agreement or in harmony with the terms of the general plan.

As described throughout the Planning Commission staff reports (May 10, 2023 and June 14, 2023), as well as the and the draft Findings for approval contained within Attachment 9 of the July 19 City Council Agenda Summary Report, the Project is consistent with the General Plan.

The Project also supports several goals and policies contained within the Economic Development (Goals ED-6 and ED-7), Mobility (Policies MOB-1.2, 1.8, and 2.3), and Land Use (Goal LU-2, and Policies LU-3.2, 4.2 and 8.4) elements of the General Plan. See Attachment 9 for more information.

3. Staff agrees with Appellant that Findings for Denial adopted by the Commission are based in some cases on information that is conflicting with the recommended findings of the Planning Division of the Community Development Department.

As further clarified below, the General Plan and the Downtown Zoning Code do not require individual projects to be developed to minimum density standards, nor do they require each project to be mixed use.
a. The General Plan does not require each individual project to be mixed use.

While the General Plan allows for, and in some instances encourages mixed use, it does not require every project to be mixed use. Specifically, Land Use Element Table 2-1, General Plan Land Use Designations, lists a variety of single intensity uses, including multiple-family dwellings, entertainment venues, hotels and lodging establishments, large and small format retail sales, personal service/repair, medical, and office uses,

Staff Analysis of Appeal Materials and 6th Design Iteration Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
3 administrative and professional offices, central gathering spaces, plazas and paseos, as typical uses within the DC land use designation. This means that any one of the listed uses, as well as other similar uses, are expected to locate within the Downtown Core (DC) general plan land use designation.
b. The Downtown Zoning Code does not require every project to be mixed use.

Single intensity uses are supported by DZC Table 3 (Allowed Uses and Permit Requirements) which identifies a variety of single intensity uses, including but not limited to, a variety of professional office, large and small format commercial, recreation and institutional, residential uses, service and manufacturing uses of varying intensities. The DZC notes that live/work units and mixed uses are allowed (or permitted) but does not require every project to be mixed use.

Specific to the Project, offices and financial services with a drive-thru are identified as single “allowed uses” within the Urban Core (UC) zoning district in Table 3. As such, the proposed single intensity use is allowed at the Project site. As noted in Table 3 of the DZC, financial services and offices are listed as an allowed use with the UC zoning district, and drive-thru banks are allowed as an accessory use. As such, a Use Permit is not required. c. The General Plan does not specify or require a minimum density for nonresidential development.

The General Plan specifies planned minimum residential densities within most land use designations. To achieve a minimum density requirement for individual projects will take an amendment to the City’s zoning ordinance, which has not yet been completed.

Minimum density for commercial development is not specified, or required by the General Plan. Page 2-4 of the General Plan Land Use Element states, “The intensity of nonresidential development, which can be regulated by total building size and lot coverage, is measured by Floor Area Ratio (FAR). FAR means the gross floor area of a building or buildings on a parcel divided by the area of the parcel…The maximum FAR standard limits the overall size of development on a parcel.” As an example, a maximum FAR of 0.75 would allow 75,000 square feet of building floor area on a 100,000-square foot lot.”. Land Use Element Table 2-1 notes the maximum FAR for the DC land use designation as 2.5 (allowing a 52,130 sf maximum building on the 20.852 sf Project site) and does not include a required minimum.
d. The Downtown Zoning Code does not require a minimum density for nonresidential development.

Staff Analysis of Appeal Materials and 6th Design Iteration Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
4 Density is noted in Table 3 of the DZC but does not directly specify density for nonresidential development. Development intensity for nonresidential uses is specified by lot coverage standards within the DZC (as conveyed in Table 4, Site Development Standards). The DZC also references the General Plan (1995) and airport compatibility requirements for density/intensity. As described within the aforementioned Planning Commission staff reports, the Project is consistent with applicable development intensities.

B. Modifications and Sixth Design Iteration Submitted July 5, 2023 On July 5, 2023, the Applicant/Appellant submitted additional Project modifications and a Sixth Design Iteration, which included the following:
 Removal of the ATM drive-thru and associated canopy.
 Expansion of proposed parklets with additional landscaping and benches on the southwest and northeast corners of the property.
 Modification of the Perkins Street encroachment to a one-way ‘Exit Only‘ connection onto Perkins Street.
 Inclusion of new architectural features, such as a faux 25-foot second story with windows (for the ATM lobby), arches, columns, and redesigned entry for consistency with existing historic downtown buildings.
 Incorporation of ±450 sf of new metal siding at the primary entrances, within the ATM lobby and entries, and extended on the Perkins Street façades (in areas that were previously Trespa siding).
 Expansion of the existing sidewalks to widths of 11 ft.

Staff Analysis related to July 5, 2023 Project Modifications and Sixth Design Iteration

This analysis incorporates analysis of the Project modifications submitted on July 5, 2023.

Information and analysis contained within the March 23, 2023 Design Review Board staff report, as well as the May 10, 2023 and June 14, 2023 Planning Commission staff reports and associated documents are included herein by reference. This analysis is also supported by information included in the draft Findings for approval in Attachment 9 of the July 19 City Council Agenda Summary Report.

The modifications to the Project (sixth design iteration) submitted by the Applicant on July 5, 2023, are intended to address concerns raised by the Planning Commission and also include architectural changes.

1. Based on the information provided by the Applicant, Staff finds the 6th design iteration consistent with all of the design and development standards within the DZC, apart from the requested three (3) exceptions.

None of the modifications necessitate further additional analysis, as they provide improvements to the previous designs and further support the intent of the General Plan and the DZC. Specifically, the 6th design iteration further enhances a gateway corridor, pedestrian access and green spaces, circulation and access, and provides visual consistency with historic buildings in the downtown.

2. Staff supports the granting of the required three Exceptions for the reasons listed in the analysis below.

Exception #1: Request for an exception to the maximum rear setback. The Project proposes a ±75 ft. rear buildings setback (south), but the maximum rear setback noted in the DZC is 6 ±ft.

Staff Analysis: Rather than requiring minimum setbacks, the DZC includes both minimum and maximum setbacks. This requirement was adopted to promote and allow for higher density and buildout within the DZC. The applicant notes the access easement, functional parking and tree preservation as reasons for requesting the rear (south) setback exception. Staff notes that Major Site Development Permit No. 97-42 requires a 24-foot access easement (existing) through the Project site to the adjacent (east) property for emergency services access on the adjacent parcel. The easement is required because the adjacent parcel only has a ‘horseshoe’ design with two (2) one-way driveways. The easement provides access from Main Street to the adjacent parcel and does not allow for the placement of permanent structures. Staff also notes the DZC defines a “side yard” building as, “A building that occupies one side of the lot with a setback to the other side”, but also notes that the required setbacks (DZC Table 6) apply to both “fronts” for corner lots. These two requirements can be conflicting and challenging to meet depending on the parcel size and other DZC development standards.

The DZC requires side yard buildings to be on the Perkins and Main frontage lines with a 0 ft. setback, but requires a rear maximum setback of 6 ft. Because the parcel is a square corner lot and it is larger in size (±0.48 ac; or 20,852 sf.), in order for a project to successfully meet all of the required setbacks in this scenario, the building would have to essentially cover the entire lot uniformly as a square building. In this scenario, only six feet on the south portion of the parcel would be available for access, parking and landscaping, which would conflict with fire and Building code regulations related to access, as well as other aforementioned DZC requirements.

Specifically, as noted above, the 24-foot access easement for the adjacent parcel requires a minimum setback of 24 feet. Even if the easement were to be relocated further south on the parcel, any development on the site would require an exception to the maximum six foot setback, as no permanent structures may be constructed within it.

As such, this exception can be supported.

Staff Analysis of Appeal Materials and 6th Design Iteration Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
5

Staff Analysis of Appeal Materials and 6th Design Iteration Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
6 Exception #2: Request for an exception to the maximum side setback. The Project proposes a ±45 ft side building setback, but the DZC requires a maximum side setback of ±10 ft.

Staff Analysis: The changes submitted by the Applicant on July 5, 2023, include removal of the ATM and canopy that were previously proposed on the east side of the building, and replacing it with a parklet containing trees, landscaping, a pedestrian pathway and benches. Additionally, the proposed generator and trash enclosure would be sited within the side setback (6ft. from property line). Although the noted improvements and Project components would be within the side setback area, an exception is still required because the maximum setback requirement is specified for the “primary building” in the DZC. As noted above in the discussion for the maximum rear setback exception, Staff also notes the challenges with meeting all the setback requirements due to the corner-parcels shape and size. The Applicant also notes functional access (Perkins St. driveway is required to be 12 ft.) and enhanced pedestrian improvements, including the parklet as a reason for requesting the exception.

Because the modifications would further enhance the pedestrian improvements and connectivity along Perkins St., which is an intention of the General Plan Downtown Core land use designation, the DZC, and the findings required for exceptions, this exception can be supported.

Exception #3: Request for an exception to the minimum height requirement. The Project proposes a one-story 25-foot high building with a faux second story, but the DZC requires a minimum of two stories.

Staff Analysis: Rather than requiring maximum height requirements like in other sections of the City’s zoning code, the DZC requires a minimum height. The intent behind the two-story requirement was to increase densities where appropriate and to extend the predominantly twostory Downtown area on School and State streets down Perkins St. It was assumed at the time (2011) that this requirement could be met by converting existing one-story buildings to two-story buildings. This requirement was contentious and discussed at length by the Planning Commission and City Council during the creation and adoption of the DZC, but was ultimately adopted because a pathway for flexibility (exceptions) was included in the DZC.

The modifications submitted by the Applicant on July 5, 2023, include expanding the building height from 12 ft to 25 ft with a faux second story to pay homage to other historic buildings downtown and the intent of the DZC requirement. Although Staff feels the design aesthetic meets the intent and vision of the DZC, building height is measured by the number of stories in the DZC, and the Project does not propose a true second story.

As such, this exception is still required but can be supported by Staff.

Staff Analysis of Appeal Materials and 6th Design Iteration Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
7 C. Conclusion
Summarizing, Staff concludes the following:

1. Staff agrees with Appellant that words within the 2040 General Plan like “encourage”, “should”, and “promote” are not be interpreted as mandates for individual projects.

2. Staff neither agrees or disagrees with Appellant’s statement that Planning Commission Findings for Denial prescribe requirements in excess of those stated in the General Plan and Downtown Zoning Code.

3. Staff agrees with Appellant that Findings for Denial adopted by the Commission are based in some cases on information that is conflicting with the recommended findings of the Planning Division of the Community Development Department.

4. Based on the information provided by the Applicant, Staff finds the 6th design iteration consistent with all of the design and development standards within the DZC, apart from the requested three (3) exceptions.

5. Staff supports the granting of the three requested Exceptions due to the Project site being located on a corner lot, the parcel size and shape, preservation of the existing Oak trees, required existing access easement, accommodating Project components related to pedestrian access, and because of the design considerations related to Mitigation Measure CUL-2.

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
1 ATTACHMENT 9

DRAFT FINDINGS TO APPROVE A MAJOR SITE DEVELOPMENT PERMIT FOR

CONSTRUCTION OF A REDWOOD CREDIT UNION BANK FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
Revised July 13, 2023
The Community Development Department’s recommendation for conditional approval of a Major Site Development Permit to allow the construction of a Redwood Credit Union bank facility 101 S. Main St., as described in the application materials (last revised on July 5, 2023), and staff reports associated with the Project prepared for the March 23, 2023 Design Review Board meeting; the May 10, 2023 and June 14, 2023 Planning Commission hearings; as well as the July 19, 2023, City Council Agenda Summary Report. This approval also includes three ‘major exceptions’ from the Downtown Zoning Code. This approval is based on the following findings, in accordance with Sections 9231.3 (Table 27, Site development Procedures), and 9231.5 (Table 29, Exception Procedures) of the Downtown Zoning Code.

Site Development Permit Findings -Downtown Zoning Code

1. The proposed project is consistent with the City of Ukiah General Plan, Ukiah City Code, and this code.

General Plan. The Project site carries a General Plan designation of Downtown Core (DC).

This designation is a is applied to the central core that comprises parcels with the Downtown Zoning District (DZC). As discussed in the General Plan, “This designation is intended to establish and promote Downtown Ukiah as the central gathering place in the community for commercial, entertainment, hospitality, and urban living. Development in the Downtown Core is meant to establish a walkable, infill-oriented environment, focusing on multi-modal transportation and overall connectivity to the remainder of the city.” This designation allows for a combination of higher-density residential, mixed-use, office, and commercial uses.

While the General Plan allows for mixed use projects to be developed, it does not require every project to be mixed use. Specifically, Land Use Element Table 2-1, General Plan Land Use Designations, lists a variety of single intensity uses, including multiple-family dwellings, entertainment venues, hotels and lodging establishments, large and small format retail sales, personal service/repair, medical, and office uses, administrative and professional offices, central gathering spaces, plazas and paseos, as typical uses within the DC land use designation. This means that any one of the listed uses, as well as other similar uses, are expected to locate within the DC land use designation.

The proposed Project would include redevelopment of a commercial property, containing two abandoned, deteriorated buildings within the Downtown area. The final proposed Project incorporates significant Staff input and recommendations by the DRB to incorporate a highquality design, landscape and pedestrian improvements to Main and Perkins streets that will aid in enhancing a prominent corner parcel and connecting multi-modal users within the Downtown area, supporting the intent of the Downtown Core. The Project supports growth and

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
2 development of commercial and service uses in Ukiah to provide jobs and support the local economy. Lastly, the Project supports many of the General Plan goals and policies related to economic development, multi-modal access, as well as development patterns within the Downtown area and connectivity, including but not limited to, the following goals and policies contained within the Economic Development, Mobility, and Land Use elements of the General Plan.

Economic Development Element
 Goal ED-6: To maintain a supportive business climate and a healthy economy that leads to the expansion of existing businesses and the attraction of new ones.

The Project would allow a local existing business (Redwood Credit Union) that is currently operating in the Orchard Plaza to relocate and expand into the Downtown area.  Goal ED-7: To grow the local economy and employment base by supporting efforts to retain, expand and attract local businesses.

The Project would allow a local existing business (Redwood Credit Union) to relocate and expand into the Downtown area and would employ ±16 persons.

Mobility Element
 Policy MOB-1.2: Multi-modal Access. The City shall require that all new development and redevelopment projects include provisions for multi-modal access provisions such as pedestrian and bicycle facilities, and vehicle and transit where relevant.

The Project supports multi-modal access, as it would be located within the Downtown area and includes widening the Perkins Street sidewalk to 11ft. and bicycle parking spaces.

Additionally, the Project is in close proximity to a Mendocino Transit Authority (MTA) bus stop, located in front of the Mendocino County Library at 105 N. Main St.  Policy MOB-1.8: New Development and Complete Streets. The City shall require all new development to provide adequate access for pedestrians, bicyclists, motorists, transit users, and persons with disabilities, as well as facilities necessary to support the City’s goal of maintaining a complete street network.

See MOB-1.2 above. The Project includes widening the Perkins and Main street sidewalks to 11ft, bicycle parking, and also includes street trees and ‘parklets’ with public benches along both Main and Perkins streets, consistent with the complete streets model.  Policy MOB-2.3: Pedestrian Facilities. The City shall encourage new development and redevelopment that increases connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, shopping and employment destinations throughout the City.

See MOB-1.2 and MOB-1.8 above.

Land Use Element
 Policy LU-3.2 New Downtown Development. The City shall ensure new development in the Downtown is compatible with existing uses and enhances the character of the area.

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
3 The Project includes new commercial development within the Downtown area that is consistent with surrounding uses, including a number of commercial/retail businesses.

Additionally, the Project would enhance the visual aesthetic of the site, as it would replace the existing deteriorating buildings with new construction; would widen the existing Perkins St. sidewalk, install street trees along Main and Perkins streets where street trees do not currently exist; and would include landscaping within the parking lot and throughout the site, where it does not currently exist.
 Goal LU-4: To encourage the growth and development of retail, office, service, and entertainment uses in Ukiah to provide jobs, support City services, and make Ukiah an attractive place to live.

The Project would allow a local existing business (Redwood Credit Union) that is currently operating in the Orchard Plaza to relocate and expand into the Downtown area, and would employ ±16 persons.
 Policy LU-4.1: High-Quality Building Design. The City shall encourage distinctive and high-quality commercial building design and site planning that respects the character of Ukiah.

The final proposed Project includes a high quality commercial building design that incorporates extensive input from Staff, other City Departments, outside agencies, and the Design Review Board, and provides conssiency with historic buildigns in downtown Ukiah.  Policy LU-8.4: Reuse of Underutilized Property. The City shall encourage property owners to revitalize or redevelop abandoned, obsolete, or underutilized properties to accommodate growth.

The Project includes redevelopment of a commerciall property that currently contains abandoned, deteriorated buildings.
 Goal LU-11: To ensure high-quality site planning, landscaping, and architectural design for all new construction, renovation, or remodeling.

See LU-4.1 above.

The General Plan provides a “blueprint” for the vision and development of the City through 2040, and contains goals and policies to aid in accomplishing the vision. While it is intended to be generally applied and supported by individual projects, it is not indented to be prescriptive at a Project level basis. While a city’s or county’s land use decisions must be consistent with the goals and policies in its general plan, the courts have consistently held that a finding of general plan consistency requires only that a project be “compatible with,” the general plan, State law does not require precise conformity of a proposed project with the land use designation for a particular site or an exact match between the project and the general plan. Instead, development projects must simply be in agreement or harmony with the terms of the general plan.

The modifications to the Project (sixth design iteration) submitted by the Applicant on July 5, 2023, in response to concerns raised by the Planning Commission and for Council’s consideration, further support the intent of the General Plan, as they would enhance a gateway

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
4 corridor, pedestrian access and green spaces, circulation and access, and provide visual consistency with historic buildings in the downtown.

As such, Staff finds the Project consistent with the General Plan.

Zoning. The Project site is zoned Urban Center (UC) within Downtown Zoning Code (DZC). The UC zoning district is intended for medium to higher density residential and commercial uses and is envisioned to have a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the frontages. The Project includes commercial development on the frontage of Main and Perkins streets, and incorporates wide sidewalks and street tree planting, consistent with the vision of the UC zoning district.

While the Downtown Zoning Code allows for, and in some instances encourages mixed use, it does not require every project to be mixed use. Specifically, DZC Table 3 (Allowed Uses and Permit Requirements) of the DZC, identifies a variety of single intensity uses, including but not limited to, a variety of professional office, large and small format commercial, recreation and institutional, residential uses, service and manufacturing uses of varying intensities. It also notes that live/work units and mixed uses are allowed (or permitted) but does not require every project to be mixed use. Section 9224.12, Mixed Use Projects, contains separate design requirements from those listed in the main design and development standards of the DZC (Tables 4 through 26 and Figures 1 through 7), further differentiating mixed use projects from single intensity uses allowed per Table 3.

As discussed throughout the analyses contained within the referenced agenda packets, the DZC contains extensive design and development standards. To allow for flexibility from the extensive standards, the DZC allows for projects to seek ‘exceptions’ from certain requirements. As noted in the prepared staff report (s), the Project has met or exceeded all DZC standards, apart from the three (3) requirements which are being requested as exceptions as a part of the Project. The exceptions requested can be supported by Staff, based on the Findings related to the requested exceptions below.

Based on the aforementioned, and information contained in the May 10, 2023, and June 14, 2023, staff reports, as well as the July 19, 2023, City Council Agenda Summary Report for the Project, Staff finds the Project consistent with the intent of the DZC.

2. Design: The design of the proposed project is consistent with the architectural standards of this code and compatible with the character of the neighborhood; will maintain the community’s character, provide for harmonious and orderly development, and create a desirable environment for the occupants, neighbors, and visiting public; includes the appropriate use of materials, texture, and color, which will remain aesthetically appealing and appropriately maintained; and the location and orientation of windows, doorways, and outdoor use areas reduce the potential for heat, glare, noise, or other disturbance from on-site or off-site sources. The neighborhood compatibility part of this finding does not apply if it would render the project inconsistent with the architectural requirements of the zoning district in which the project is located.

The proposed Project would include redevelopment of a commercial property, containing two abandoned, deteriorated buildings within the Downtown area. The applicant has designed the building to be compatible with the scale and architectural features of existing buildings in the surrounding area. The final proposed Project incorporates significant Staff input and recommendations by the DRB to incorporate a high-quality design, landscape and pedestrian

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
5 improvements to Main and Perkins streets that will aid in enhancing a prominent corner parcel and connecting multi-modal users within the Downtown area, supporting the intent of the Downtown Core. The Project is consistent with all DZC architectural and design standards, apart from three which can be supported through the exception procedures contained within the DZC (see below). The project is compatible with existing surrounding commercial, and retail uses within the Downtown area.

3. Siting: The siting of the structure(s) on the parcel is compatible with the siting of other structures in the immediate neighborhood. This finding does not apply if the resulting setbacks are inconsistent with the requirements of the zoning district in which the parcel is located.

The Project site is located on the corner of Main and Perkins streets. The only structure immediately adjacent to the site is located south of the Project parcel. However, the building on the adjacent parcel is separated from the site by a fire wall and the Project is seeking an exception to the rear setback requirement and proposes a ±75 setback from the south property line, partially to maintain the existing access easement.

4. Ingress, Egress, Circulation, Parking: The project provides adequate ingress, egress, parking for vehicles and bicycles, and internal circulation for vehicles, bicycles, pedestrians, and delivery vehicles designed to promote safety and convenience and to conform to City standards and will not create potential traffic, pedestrian, or bicycle hazards or a distraction for motorists. Low impact development (LID) design has been incorporated into the project where feasible.

The Project incorporates driveways from both Main and Perkins streets to maintain access and circulation. The final version of the Project includes a one way exit onto Perkins Street to further alleviate access concerns. Additionally, the Project incorporates and maintains the existing 24-foot emergency access easement provides access from Main St. to the adjacent (east) parcel that was required for development of the adjacent parcel (Major Site Development Permit No, 97-42). The Project also includes landscaping and LID measures, widening Perkins and Main street sidewalks to 11 ft. for pedestrian access and includes bicycle parking. The Project has been reviewed by the Public Works Department, Building Division and Ukiah Valley Fire Authority for traffic and access concerns, and meets all required regulations, including maintaining the ‘sight distance’ or ‘vision triangle’ required for vehicles approaching the site. Lastly, as discussed further in the Environmental Documentation section of the Staff Report, the Project meets the screening criteria for ‘small projects’ in the City’s adopted thresholds for Vehicle Miles Traveled (VMT), resulting in a less than significant impact to traffic.

5. Landscaping: The landscaping for the project provides opportunities for shading west and south facing windows and outdoor use areas, utilizes native and drought tolerant species, is in keeping with the character and design of the project, and consistent with requirements of this code and City standards.

The Landscaping Plan for the final designed Project includes approximately 4,850 sf of landscaping, resulting in the Project exceeding the required DZC minimum of 15%.

Landscaping includes parking lot and perimeter landscaping, bioretention areas to address stormwater run-off, and street trees along both frontages. The street trees proposed along Perkins and Main streets will provide shade to the building’s windows located on the west and

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
6 north facades. The landscaping provided on-site offers approximately 54% shade of the parking lot (south side of the building) and site, and incorporates drought tolerant and native plants that are included on the species lists within the DZC, as well as all other landscaping requirements contained within the code. Additionally, the Project includes two ‘parklets’ with landscaping and public benches on Main and Perkins streets. A final Landscape Plan in accordance with all DZC requirements is required as a Condition of Approval prior to issuance of Building Permits.

6. Resource Protection: The proposed project will not excessively damage or destroy resources or natural features, including cultural and historic resources, trees, shrubs, creeks, and the natural grade of the site.

Vegetation on the site is limited and all healthy, mature Oak trees will be preserved. The Chinese Pistache tree and Cypress tree(s) currently located against the 101 S. Main St. building would be removed. However, these species are not listed environmentally sensitive species at the local, state, or federal level. All the remaining trees, including the existing large Oak trees on the south portion of the parcel, will be preserved. The site does not contain water features or other environmentally sensitive resources, as most of it is currently hardscaped with a paved parking lot and existing buildings. Lastly, as described within the Staff Analysis portion of the Staff Report, the Project is designed for consistency with Mitigation measure CUL-2 related to historic resources, associated with Demolition Permit No. No. 21-6155.

7. Health, Safety, Welfare: The proposed project would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the immediate vicinity; and will not tend to cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area.

Project referrals were sent to the following responsible or trustee agencies with interest or jurisdiction over the Project: Ukiah Valley Fire Authority, City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah Electric Utility Department, City of Ukiah Community Development Department- Building Division, Ukiah Municipal Airport Operations Manager, Mendocino County Environmental Health Department, Mendocino Air Quality Management District, Mendocino Transit Authority, and Historical Society of Mendocino County. The aforementioned entities reviewed the Project for health and safety concerns, and comments received have been included into the Conditions of Approval (Attachment 2) for the Project, as appropriate.

As noted above, the Project includes redevelopment of an existing commercial site within the Downtown area that is compatible with surrounding uses, including a number of commercial/retail businesses. Additionally, the Project would include pedestrian and landscaping improvements that would enhance the visual character of the site. Lastly, the final proposed Project includes a high quality commercial building design that incorporates extensive input from Staff, other City Departments, outside agencies, and the Design Review Board. Additionally, the Project includes modifications proposed to address some of the concerns raised by the Planning Commission. As such, the Project will not cause the surrounding area to depreciate materially in appearance or value or otherwise discourage occupancy, investment, or orderly development in the area.

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
7 Exception Findings
The Major Site Development Permit includes the following ‘major’ exceptions from the Downtown Zoning Code:

1. Maximum rear setback (Project proposes a ±75 ft. rear buildings setback (south), but the maximum rear setback noted in the DZC is 6 ±ft.). Rather than requiring minimum setbacks, the DZC includes both minimum and maximum setbacks. This requirement was adopted to promote and allow for higher density and buildout within the DZC. The applicant notes the access easement, functional parking and tree preservation as reasons for requesting the rear (south) setback exception. Staff notes that Major Site Development Permit No. 97-42 requires a 24-foot access easement (existing) through the Project site to the adjacent (east) property for emergency services access on the adjacent parcel. The easement is required because the adjacent parcel only has a ‘horseshoe’ design with two (2) one-way driveways. The easement provides access from Main Street to the adjacent parcel and does not allow for the placement of permanent structures. Staff also notes the DZC defines a “side yard” building as, “A building that occupies one side of the lot with a setback to the other side”, but also notes that the required setbacks (DZC Table 6) apply to both “fronts” for corner lots. These two requirements can be conflicting and challenging to meet depending on the parcel size and other DZC development standards.

The DZC requires side yard buildings to be on the Perkins and Main frontage lines with a 0 ft. setback, but requires a rear maximum setback of 6 ft. Because the parcel is a square corner lot and it is larger in size (±0.48 ac; or 20,852 sf.), in order for a project to successfully meet all of the required setbacks in this scenario, the building would have to essentially cover the entire lot uniformly as a square building. In this scenario, only six feet on the south portion of the parcel would be available for access, parking and landscaping, which would conflict with fire and Building code regulations related to access, as well as other aforementioned DZC requirements. Specifically, as noted above, the 24-foot access easement for the adjacent parcel requires a minimum setback of 24 feet. Even if the easement were to be relocated further south on the parcel, any development on the site would require an exception to the maximum six foot setback, as no permanent structures may be constructed within it. As such, this exception can be supported.

2. Maximum Side Setback (Project proposes a ±45 ft side building setback, but the DZC requires a maximum side setback of ±10 ft.). The changes submitted by the Applicant on July 5, 2023, include removal of the ATM and canopy that were previously proposed on the east side of the building, and replacing it with a parklet containing trees, landscaping, a pedestrian pathway and benches. Additionally, the proposed generator and trash enclosure would be sited within the side setback (6ft. from property line). Although the noted improvements and Project components would be within the side setback area, an exception is still required because the maximum setback requirement is specified for the “primary building” in the DZC. As noted above in the discussion for the maximum rear setback exception, Staff also notes the challenges with meeting all the setback requirements due to the corner-parcels shape and size. The Applicant also notes

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
8 functional access (Perkins St. driveway is required to be 12 ft.) and enhanced pedestrian improvements, including the parklet as a reason for requesting the exception. Because the modifications would further enhance the pedestrian improvements and connectivity along Perkins St., which is one main intents of the General Plan Downtown Core land use designation, the DZC, and the findings required for exceptions, this exception can be supported.

3. Minimum Height Requirement (Project proposes a one-story 25-ft. high building with a faux second story, but the DZC requires a minimum of two-stories). Rather than requiring maximum height requirements, the DZC requires a minimum height requirement. The intent behind the two-story requirement was to increase densities where appropriate and to extend the predominantly two-story Downtown area on School and State streets down Perkins St. It was assumed at the time (2011) that this requirement could be met by converting existing one-story buildings to two-stories. This requirement was contentious and discussed at length by the Planning Commission and City Council during the creation and adoption of the DZC, but was ultimately adopted because a pathway for flexibility (exceptions) was included in the DZC. The modifications submitted by the Applicant on July 5, 2023, include expanding the building height from 12 ft to 25 ft with a faux second story to pay homage to other historic buildings downtown and the intent of the DZC requirement. Although Staff feels the design aesthetic meets the intent and vision of the DZC, building height is measured by the number of stories in the DZC, and the Project does not propose a true second story. As such, this exception is still required but can be supported by Staff.

Findings to grant exceptions in the Downtown Zoning Code are as follows:

1. The request is consistent with the intent of this code and the Ukiah General Plan.

As noted throughout the Staff Report(s) and the Findings to approve a Site Development Permit, the final proposed Project incorporates significant Staff input and recommendations by the DRB to incorporate a high-quality design, landscape and pedestrian improvements to Main and Perkins streets that will aid in enhancing a prominent corner parcel and connecting multi-modal users within the Downtown area, supporting the intent of the DZC and General Plan Downtown Core land use designation.

The allowance of exceptions was incorporated into the DZC to alleviate concerns with the DZC requirements raised by the public, Planning Commission and City Council during development of the DZC, in recognizing that deviations from the requirements are necessary to facilitate the variety of parcels and development proposals within its various zoning districts.

As noted in the Staff Report(s), the Project has met or exceeded all DZC standards, apart from the three requirements which are being requested as exceptions as a part of the Project.

As noted above, the three exceptions being requested can be supported by Staff due to the site being located on a corner lot, the parcel size and shape, preservation of the existing Oak trees, required existing access easement, accommodating Project components related to pedestrian access, and because of the design considerations related to Mitigation Measure CUL-2.

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
9 The Project also supports the following goals and policies contained within the Economic Development (Goals ED-6 and ED-7), Mobility (Policies MOB-1.2, 1.8, and 2.3), and Land Use (Goal LU-2, and Policies LU-3.2, 4.2 and 8.4) elements of the General Plan.

As previously noted, while a city’s or county’s land use decisions must be consistent with the goals and policies in its general plan, the courts have consistently held that a finding of general plan consistency requires only that a project be “compatible with,” the general plan, State law does not require precise conformity of a proposed project with the land use designation for a particular site or an exact match between the project and the general plan. Instead, development projects must simply be in agreement or harmony with the terms of the general plan.

The modifications to the Project (sixth design iteration) submitted by the Applicant on July 5, 2023, in response to concerns raised by the Planning Commission and for Council’s consideration, further support the intent of the General Plan and the DZC, as they would enhance a gateway corridor, pedestrian access and green spaces, circulation and access, and provide visual consistency with historic buildings in the downtown.

2. The project is compatible with the neighborhood and design intent of this code.

The Project would be compatible with the neighborhood, as it would redevelop an existing commercial lot, surrounded by other retail and commercial uses within the Downtown area, and incorporates all but three of the design components outlined within the DZC. The final proposed Project design incorporates pedestrian improvements to connect the site to adjacent properties, as well as Main and Perkins streets. The final design incorporates extensive review by Staff, other City Departments and agencies, as well as the Design Review Board and the Planning Commission.

3. The project provides appropriate connections, transitions, and relationships between buildings and the street, adjacent properties and one another.

The Project site is a corner lot that proposes a building on the frontage line(s). As such, there are no buildings immediately adjacent to the proposed building. However, the Project maintains the shared access easement with the parcel to the east, and as noted in the Project Description, the Project has been designed for compatibility with the scale and architectural form and features of the adjacent buildings, as well as historic building within the Downtown area. The Project also includes pedestrian and landscape improvements, including the widening of Perkins and Main street sidewalks, as well as street trees and parklets with public benches along Perkins and Main streets to provide enhanced pedestrian connections to the adjacent properties and larger Downtown area.

The project provides adequate and appropriate pedestrian facilities and connections.

The Project includes pedestrian and landscape improvements, including pedestrian corner entrances from Perkins and Main streets, widening of the existing sidewalks, as well as street trees and parklets with public benches along Perkins and Main streets to provide enhanced pedestrian connections to the Downtown area.

4. The project would not impair the desirability of investment, employment, or residence in the neighborhood.

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
10 The Project would redevelop an existing commercial lot and would include new construction, landscaping and pedestrian improvements that would enhance the visual character of the site.

There are no components of the Project that would impair the desirability of investment, employment, or residence in the neighborhood.

5. The project is not detrimental to the public’s health, safety and general welfare.

Project referrals were sent to the following responsible or trustee agencies with interest or jurisdiction over the Project: Ukiah Valley Fire Authority, City of Ukiah Public Works Department, City of Ukiah Police Department, City of Ukiah Electric Utility Department, City of Ukiah Community Development Department- Building Division, Ukiah Municipal Airport Operations Manager, Mendocino County Environmental Health Department, Mendocino Air Quality Management District, Mendocino Transit Authority, and Historical Society of Mendocino County. The aforementioned entities reviewed the Project for health and safety concerns, and comments received have been included into the Conditions of Approval (Attachment 2) for the Project, as appropriate. As noted throughout the Staff Report(s) and the findings to approve a Site Development Permit, the Project includes construction of a bank facility on an existing commercial lot, would not result in excessive noise, traffic, or the use of hazardous substances, and meets all codes and requirements related to health and safety.

The final Project design includes a one way exit to Perkins Street to alleviate concerns related to traffic and circulation. As such, the Project would not be detrimental to the public’s health, safety and general welfare.

6. Special circumstances or conditions apply to the site, building, improvement or use, such as the preservation of natural resources (creek, tree preservation), providing enhanced pedestrian facilities or enhanced outdoor areas (outdoor seating, enhanced landscaped areas).

As noted in Exception finding No. 1 above, the exceptions being requested can be supported due to the site being located on a corner lot, the parcel size and shape, the required access easement for the adjacent parcel, preservation of the existing Oak trees, the Project components related to pedestrian and vehicular access, and the design considerations related to Mitigation Measure CUL-2. Refer to Finding No.1 for more information.

CEQA Findings

1. An Initial Study/Mitigated Negative Declaration (SCH No.2022030389; approved by City Council on May 18, 2022) analyzed impacts associated with Demolition Permit No. 21-6155.

General assumptions were made related to construction impacts associated with potential future development. However, no development was proposed at that time. As such, the ISMND notes that additional project specific CEQA may be required for new development, such as the Project. The ISMND also included Mitigation Measure CUL-2 which states:

CUL-2: The 101 South Main Street building shall not be demolished until there is a development proposal approved in accordance with the Ukiah City Code and, specifically, the Downtown Zoning Code. At the time of demolition, the pressed metal siding on the west and north portions of the building shall be salvaged. If the pressed metal siding is not able to be salvaged, similar pressed metal siding may be used. Any new development will incorporate

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
11 into the design all, or a portion, of the pressed metal siding of the existing building to pay homage to the agricultural commercial function of the original building. New development shall require review by the Design Review Board and the Planning Commission, in accordance with the Downtown Zoning Code.

As noted in the May 10, 2023 Planning Commission Staff Report, the Applicant conducted a detailed analysis of the existing pressed metal (± 850 sf.) on the west and north facades, and ultimately found that all the metal is unusable based on its condition, structural implications, and presence of lead. As such, the Applicant proposes to incorporate ±450 sf. of new, pressed metal that is visually similar to the existing metal, on the east, west, north and south facades. The proposed structure is also located within the same location as the existing structure and includes a parapet, and corner entrance, similar to the existing building. Lastly, the latest revisions to the Project submitted on July 5, 2023, include architectural features similar to other historic buildings in the downtown.

The proposed design is intended to meet Mitigation Measure CUL-2 in the following ways:

1. Design includes the proposed building in the same location as the existing building.

2. Design includes the main entrance positioned towards the corner, similar to the existing building.

3. Design includes a parapet wall around the building to provide a tall one-story façade, similar to the original Holz Feed Company building that historically occupied the site, as well as other historic building facades within the Downtown.

4. Design includes ±470 sf. of new pressed metal siding on a portion of the north, west, and south elevations (at the primary entrances) to pay homage to the existing pressed metal.

Based on the aforementioned, the Project is consistent with the requirements of Mitigation Measure CUL-2 and the Demolition Permit may be issued. All other mitigation measures associated with the Demolition Permit remain in effect and have been included as Conditions of Approval.

2. The proposed Project (construction and operation of the RCU bank facility) is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Article 19 §15303, New Construction or Conversion of Small Structures, which consists of the construction, location and conversion of limited numbers of new, small facilities or structures. The Project qualifies for the §15303 CEQA exemption for the following reasons:
 The Project includes the construction of a 4,715 sf. building in an urban area, developed with a mix of land uses, including other commercial/retail within Downtown Ukiah.
 The Project site is zoned Urban Center (UC) within the Downtown Zoning Code and allows for financial institutions to be located within this zoning district by-right. In addition, the Project includes three exceptions to the zoning code and a Site Development Permit, in compliance with all applicable zoning codes.  The Project is consistent with the General Plan, as it supports the intent of the General Plan Downtown Core land use designation, as well as goals and policies contained

Findings
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
12 within the Economic Development, Mobility, and Land Use elements of the General Plan.
 The Project would comply with all applicable air Quality regulations and would not involve the use of significant amounts of hazardous materials.  All public services are available to the site and the Project has been reviewed by all applicable City departments and agencies responsible for providing services.  The Project incorporates Best Management Practices and Low Impact Development features to manage and capture stormwater runoff.
 Vegetation on the site is limited and all healthy, mature Oak trees will be preserved.

The Chinese Pistache tree and Cypress tree(s) currently located against the 101 S.

Main St. building would be removed. However, these species are not listed environmentally sensitive species at the local, state or federal level. All of the remaining trees, including the existing large Oak trees on the south portion of the parcel, will be preserved.
 The Project provides adequate access (including emergency access) from both Main and Perkins streets to aid in reducing traffic congestion, and includes bicycle parking, wide sidewalks, two ‘parklets’ with public benches, and pedestrian paths to encourage walking and alternate modes of transportation in the Downtown area. Additionally, the Project meets the screening criteria for ‘small projects’ in the City’s adopted thresholds for Vehicle Miles Traveled (VMT), resulting in a less than significant impact to traffic and no further analysis is required. As a part of the General Plan Environmental Impact Report (EIR), the City identified that the following projects are expected to result in less than significant impacts: small projects that meet existing categorical CEQA exemptions (such as the proposed Project), residential uses, employment uses in areas with a diverse mix of land uses, local serving retail, projects in proximity to a major transit stop, transportation projects, and all residential projects.

For more information, please refer to Section 4.11, Transportation, and Appendix D of the City’s General Plan Environmental Impact Report, which may be accessed online at:
https://ukiah2040.com/images/docs/Ukiah_2040_Compiled_Appendices.pdf Public Notice
Notice of all public hearings related to the Project was provided in accordance with UCC §9231.3, 9263, 9264, and 9226.

Conditions of Approval
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
1 ATTACHMENT 10

DRAFT CONDITIONS OF APPROVAL

MAJOR SITE DEVELOPMENT PERMIT FOR CONSTRUCTION OF A

REDWOOD CREDIT UNION BANK FACILITY
101 S. MAIN ST. APN 002-231-001; FILE NO. 22-7977
Revised July 13, 2023
The following Conditions of Approval shall be made a permanent part of the Site Development Permit, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid.

Approved Project Description: The Applicant proposes the construction of a ±4,715 sf Redwood Credit Union bank facility at 101 S. Main St., as described in the application materials, last revised on July 5, 2023. This approval includes three ‘major exceptions’ (minimum height requirement, and maximum side and rear setback requirements) from the Downtown Zoning Code, as described within the associated staff reports and analyses.

CITY OF UKIAH SPECIAL CONDITIONS

1. Conditions of Approval for Demolition Permit No. 21-6155 and Mitigation Measures associated with the Initial Study/Mitigated Negative Declaration (SCH No.2022030389) prepared for the Demolition Permit remain applicable to the demolition of the existing buildings.

2. Per Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) Policy 3.2.8(b), recordation of an Overflight Notification is required as a condition for approval for new construction prior to occupancy.1 This notification serves as a form of buyer awareness documentation recorded in the chain of title of a property stating that the property may be subject to annoyances and inconveniences associated with the flight of aircraft to, from, and around a nearby airport. The notification shall be of a format similar to that indicated in Appendix G of the UKIALUCP and shall contain the following language dictated by state law with regard to Airport Proximity Disclosure in conjunction with real estate transfer. The notification shall be evident to prospective purchasers of the property and shall appear on the property deed.

NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an Airport Influence Area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
1 http://www.cityofukiah.com/NewWeb/wp-content/uploads/2021/06/Ukiah-Municipal-Airport-Land-UseCompatibility-Plan-2021.pdf

Conditions of Approval
Major Site Development Permit
Redwood Credit Union
101 S. Main St.

File No.: 22-7977
2 3. Demolition of the existing buildings and construction of the Project shall be conducted in accordance with UCC Section 9229.3, Tree Preservation. As noted in subsection 9229.3(D), Tree Protection Requirements, a tree protection plan for the existing Oak trees and any other species listed in Table 19 of the Downtown Zoning Code shall be submitted to the Community Development Department for review and approval prior to issuance of the Demolition Permit and Building Permits.

4. The existing 24-foot access easement required for Major Site Development Permit No, 97-42 shall be maintained to provide adequate emergency access from Main Street to the adjacent (east) parcel.

CITY OF UKIAH STANDARD CONDITIONS

5. This approval is not effective until the 10-day appeal period applicable to this Planning permit has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal.

6. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof.

7. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met.

8. Building permits shall be issued within two years after the effective date of the Planning Permit or same shall be null and void.

9. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued.

10. The Applicant shall obtain all required Sign Permits, in compliance with Division 3, Chapter 7, Signs, of the UCC. Prior to the placement/installation of any sign(s), the applicant shall make application for and receive approval of a sign permit. Any signage shall be in substantial conformance with the Airport Industrial Park Planned Development Ordinance design and development standards.

11. A Final Landscaping Plan shall be submitted prior to issuance of Building Permit, in accordance with all applicable City codes. All landscaping shall be irrigated and maintained to a satisfactory condition throughout the life of the project.

12. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits.

13. All fees associated with the project planning permits and approvals shall be paid in full prior to occupancy.

14. As outlined in Article 20, Administration and Procedures, of the Zoning Code this planning permit may be revoked through the City’s revocation process if the approved project related