Ukiah City Council
August 21, 2024

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/88037313360.

Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 880 3731 3360
• 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.

August 21, 2024 - 5:15 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. After School Education and Safety (ASES) and Summer School Wrap Up Presentation.

Recommended Action: Recieve report.

Attachments: None

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the August 7, 2024, Regular Meeting.

Recommended Action: Approve the Minutes for the August 7, 2024, Regular Meeting.

Attachments:

1. 2024-08-07 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. Approval of a Contract Amendment 1 for the Additional Design and Construction Management Services by West Yost for Technical Services Related to the Suspended Air Floatation (SAF) and Screw Press at the Waste Water Treatment Plant, in the Amount of $179,000, and Approve Corresponding Budget Amendment.

Recommended Action: Approve contract amendment 1 with West Yost, and budget amendment in the amount of $179,000.00, for additional Design and Construction Management Services.

Attachments: None

8.b. Approval of a Contract Amendment with Online Solutions LLC, DBA Citizenserve, for Additional Electronic Permit Streamlining and Services for the Community Development Department; and Approval of Corresponding Budget Amendments.

Recommended Action: Approve contract amendment with Online Solutions LLC, DBA Citizenserve, for additional electronic permit streamlining and services for the Community Development Department; and approve related budget amendments.

Attachments:

1. COU 2223-179 Online Solutions

2. Amendment 1 - C _2223-179 draft

8.c. Adoption of an Ordinance Adding Chapter 8 to Division 9 of the Ukiah City Code Entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 Entitled "Agricultural Operations and the Right to Farm".

Recommended Action: Adopt Ordinance adding Chapter 8 to Divison 9 of the Ukiah City Code entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 entitled "Agricultural Operations and the Right to Farm".

Attachments:

1. UKGP_08 Agriculture Element

2. Ukiah Right to Farm Draft Ordinance

8.d. Adoption of an Ordinance Amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, Pertaining to Compensation of the City Treasurer.

Recommended Action: Adopt Ordinance amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, pertaining to compensation of the City Treasurer.

Attachments:

1. Treasurer Compensation Increase Ordinance - redline

2. Treasurer Compensation Increase Ordinance -clean

3. Senate Bill (SB) 329

8.e. Receive Report of Contract for Truck Route Study with TJKM Transportation Consultants in the Amount of $44,965, and Approve Corresponding Budget Amendment.

Recommended Action: Receive report of a contract with TJKM Traffic Consultants in the amount of $44,965 and approve corresponding budget amendment.

Attachments:

1. Truck Route RFP

2. TJKM Contract 2425091

8.f. Authorize City Manager to Execute a Memorandum of Understanding (MOU) with Ukiah Unified School District to Operate the After School Education and Safety Program for the 24/25 School Year.

Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding between the City of Ukiah and Ukiah Unified School District to operate the After School Education and Safety Program for the 2024/ 2025 school year.

Attachments:

1. UUSD-COU School Year 2024-25 Agreement

8.g. Adoption of Ordinance Amending the Ukiah City Code to Address Regulatory Loopholes in the Prohibition of Outdoor Burning.

Recommended Action: Adopt ordinance amending Sections 5502 and 5503 of the Ukiah City Code to close the regulatory loophole in the City's prohibition of outdoor burning.

Attachments:

1. Ordinance Amending Fire Code Redline

2. Ordinance Amending Fire Code Clean

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. Possible Introduction of an Ordinance, by Title Only, Amending Various Sections of the Ukiah City Code to Update the City’s Approval Process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Recommended Action: Introduce, by title only, an ordinance amending various sections of the Ukiah City Code to update the City’s approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to enhance and clarify development standards and conform City regulations with California Government Code, including AB 976, AB 2221, and SB 477.

Attachments:

1. Existing Regulations – Article 3 (Low Density Residential) - ADU-JADU

2. Proposed Regulations - Article 5.3 (Accessory Dwelling Units)

3. Proposed Regulations – Article 5.4 (Junior Accessory Dwelling Units)

4. Proposed Draft Ordinance (Accessory Dwelling Units & Junior Accessory Dwelling Units)

12.b. Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of a 2023-2024 CDBG Program Income-Only Application in Response to the 2023 State Community Development Block Grant Program Notice of Funding Availability, Amendment 1; and Approve Corresponding Budget Amendments if Awarded Funding for the Application.

Recommended Action: Conduct a Public Hearing and adopt resolution approving the submittal of a 2023-2024 CDBG Program Income-Only application in response to the 2023 State Community Development Block Grant Program Notice of Funding Availability, Amendment 1; and approve corresponding budget amendments if awarded funding for the application.

Attachments:

1. 2023_CDBG_NOFA_Amendment1

2. LocalAppPublicNotice

3. Local_App_2024

4. LocalAppBAP

5. Resolution

12.c. Conduct a Public Hearing to Solicit Public Comment Regarding the Intent to Apply for a United States Department of Agriculture (USDA) Rural Development Grant for a New Caterpillar Model 120 Motor Grader and Authorize Staff to Proceed with the Submittal of the Grant Application.

Recommended Action: Council is requested to conduct a Public Hearing to solicit public comment regarding the City's intent to apply for United States Department of Agriculture (USDA) Rural Development funding for a new Caterpillar Model 120 Motor Grader and authorize staff to proceed with submittal of the grant application.

Attachments:

1. USDA-RD-FS-CY2022DisasterWaterGrants

2. Petersen Brochure_120 Motor Grader

13. UNFINISHED BUSINESS

14. NEW BUSINESS

14.a. Discussion with Possible Direction to Staff Regarding a Proposed Approach for Completing an Updated Historic Resources Survey and Developing a City of Ukiah Historic Preservation Code.

Recommended Action: Discuss and provide direction to Staff regarding a proposed approach for completing an updated Historic Resources Survey and developing a historic preservation code.

Attachments:

1. Historic Survey History Notes- Historical Society

2. Ukiah General Plan- Environment and Sustainability Element

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. 2024 City Council Special Assignments and Ad Hocs

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

15.a. Conference with Legal Counsel – Initiation of Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)

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

15.c. Conference with 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 Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-12; 180-120-15; 180-120-16
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment

15.f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment

15.g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment

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

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

16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies.

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

Kristine Lawler, CMC/CPMC
Dated: 8/16/24

Agenda Item No: 4.a.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-497

AGENDA SUMMARY REPORT
SUBJECT: After School Education and Safety (ASES) and Summer School Wrap Up Presentation.

DEPARTMENT: Community Services PREPARED BY: Daniel Spence, Recreation Supervisor PRESENTER: Daniel Spence, Recreation Supervisor
ATTACHMENTS:

None
Summary: The Recreation Department will present a short slideshow with highlights and information from the After School Education and Safety (ASES) partnership and the Summer School Safari Childcare partnership with Ukiah Unified School District (UUSD).

Background: The City's Childcare Programs are designed to provide a safe, nurturing, and engaging environment for children while supporting their development through a wide range of activities. The City monitors participation in its programs to ensure the needs and interests of the community and School District are being met. Offerings include sports, arts and crafts, cultural arts, dance, swimming, swim lessons, homework assistance, reading, enrichment activities, and meditation. By staying attuned to the preferences and feedback of families and educators, the City continually adapts and refines its programs. If a particular activity garners strong participation and positive feedback, the City prioritizes its continuation and expansion.

Conversely, the City is proactive in modifying or replacing activities that may not resonate as strongly with participants. In a dynamic and evolving community, the goal is to provide childcare programs that not only meet the expectations of families and our partnering agencies but also foster the well-being and growth of the children served.

Discussion: This partnership between UUSD and the City's Childcare Programs provided a comprehensive and enriching experience for children this school year and summer. With a focus on cultural, educational, and recreational activities, key highlights from the programs include:
• During the school year, the ASES (After School Education and Safety) program was offered at five elementary school sites: Yokayo, Nokomis, Oak Manor, Frank Zeek, and Calpella. The ASES program catered to over 1,000 students and featured various activities. • This last year, each school site hosted student talent shows, which allowed children to showcase their creativity and skills.
• The City also offered an elementary school sports league as part of the ASES program. This league included home and away games across the different UUSD schools, with UUSD assisting in transporting all student-athletes. This initiative promoted physical fitness, teamwork, and school spirit among the participants, their families and the staff and spectators of the games. • The City offered four sports seasons. Season 1 was Flag Football with 66 students participating, Season 2 was Basketball with 82 students, Season 3 was Volleyball with 97 students, and Season 4 was Soccer with 137 student athletes.
• The City partnered with the Ukiah Unified School District (UUSD) to offer afternoon summer school programming at three sites: Nokomis Elementary, Oak Manor Elementary, and Pomolita Middle School. The program catered to a total of 727 children, with 319 at Nokomis, 341 at Oak Manor, and

67 at Pomolita. The partnership allowed for a well-rounded program that blended academic support with recreational and enrichment activities.
• Swim lessons were a significant component of the Summer School programming, with over 650 students participating. Lessons were offered in both English and Spanish, ensuring that all children had the opportunity to learn essential swimming skills in a language they understood. This emphasis on bilingual instruction underscores the City's commitment to inclusivity and accessibility. • The program sites were staffed with a diverse team, including over 150 Spanish-speaking staff members. This ensures effective communication and a welcoming environment for all participants. • The ASES and Summer School programs employ over 250 individuals, with many of these youth staff members being from the local community working their first job. This not only provided valuable work experience for young people but also strengthened community ties by involving local youth in meaningful employment opportunities.
• Middle school students in the Summer School and Spring Break programs had the opportunity to explore practical life skills such as financial planning, soldering, cooking, and engineering, offering them experiences that extend beyond the standard curriculum. • Cumulatively, these programs account for over $3 million of the Recreation Departments income, which is sufficient to cover the cost of staffing, administration and supplies.

Through these efforts, the City's Childcare Programs successfully provide a safe, educational, and fun environment for children while supporting the professional development of local youth.

Recommended Action: Recieve report.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Jake Burgess, Community Service Supervisor DIVERSITY-EQUITY INITIATIVES (DEI): Goal 2 – Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our organization. Goal 3 – Recruit, retain and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policymaking, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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/81246281760 Ukiah, CA 95482
August 7, 2024
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on August 7, 2024, having been legally noticed on August 2, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/81246281760. Mayor Dueñas called the meeting to order at 6:03 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; Kristine Lawler, City Clerk; and Araceli Sandoval, Acting Clerk.

MAYOR DUEÑAS PRESIDING.

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

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Receive Presentation of Exceptional Employee Recognition Awards.

Presenter: Sage Sangiacomo, City Manager; Sean White, Water Resources Director; and Mayor Dueñas.

The Employee Recognition Award was received by:

Tyler Anderson, Environmental Lab Technician III, Water Resources: Tyler Anderson has been selected as the recipient of the Exceptional Employee program for the second quarter of 2024. Tyler's computer expertise enabled him to develop a tool that extracts data from Team Member tablets and generates a PowerPoint presentation that provides a clear and concise display of key plant statistics, facilitating data-driven operational adjustments for daily plant optimization. This program also helps reduce meeting times as well as streamline regulatory reporting A PowerPoint presentation was given.
b. Council to Receive Presentation on the Ukiah Valley Golf Course 2024/2025 Capital Improvement Plan.

Presenter: Maya Simerson, Project and Grant Administrator.

Public Comment: Frank Johnson, PGA Director of Golf
Presentation was received.

City Council Minutes for August 7, 2024, Continued:

5. PETITIONS AND COMMUNICATIONS
Acting Clerk, Araceli Sandoval, stated that all communications had been distributed.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the July 17, 2024, Special Meeting. b. Approval of the Minutes for the July 17, 2024, Regular Meeting. c. Approval of the Minutes for the August 1, 2024, Special Meeting.

Motion/Second: Sher/Rodin to approve Special and Regular meeting minutes of July 17, and the Special meeting of August 1, 2024, as submitted. Motion carried by the following roll call votes:

AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: Orozco for Special and Regular Meetings of July 17, 2024.

7. RIGHT TO APPEAL DECISION
The Mayor read the rights to appeal a decision.

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of June 2024. – Finance b. Report to Council of Emergency Purchase of Digester Replacement Parts and Labor for Installation at the Wastewater Treatment Plant in the Amount of $44,065.00 – Public Works. c. Approval of Purchase of Two Tesla Model 3s in the Amount of $108,664.46 and Two Custom Law Enforcement Upfits from Unplugged Performance in the Amount of $17,494 Per Vehicle for a Total of $34,988 Plus Tax – Police.
d. Approval of Purchase (2425-093) of Axon Fleet 3 Car Cameras with Five-Year Service Agreement in the Amount of $166,837.25 for Ukiah Police Department – Police. e. Consideration of Rejecting All Bids Received for the Riverside Park Regeneration Project, Specification 24-05 – Community Services.
f. Report of Financial Contribution (PO NO. 48628) in the Amount of $60,000 to the Inland Water and Power Commission for Legal Services Related to the Potter Valley Project – Public Works. g Approval of Notice of Completion for the Todd Grove Park Public Barbecue Facility Reconstruction, Specification No. 23-03, and Approve Final Payment of the 5% Retention to MARZ Engineering – Finance.
h. Approve an Agreement (2425-088) with Adventist Health System/West, and Authorize the City Manager to sign a Three-Year Agreement to Provide Inter-Facility Transfer (IFT) Services – Fire.
i. Consideration of Adoption of Resolution (2024-36) Approving Records Destruction for the Police Department – City Clerk.
j. Receive Annual Report of Boards and Commission Term Expirations and Vacancies – City Clerk.
k. Consideration of an Award of Contract (2425-089) for the Hazardous Material Removal Demolition at 501 South State Street, Specification No. 24-06, to AFM Environmental Incorporated for the Amount of $145,000 – Community Development.

City Council Minutes for August 7, 2024, Continued:

Motion/Second: Crane/Sher to approve Consent Calendar Items 8a-8k, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:

None. ABSENT: None. ABSTAIN: None.

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comments were received.

10. COUNCIL REPORTS
Presenters: Councilmembers Rodin and Orozco, and Vice Mayor Crane.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 FEMA Update – Tim Eriksen, Public Works Director / City Engineer.  Construction Update – Tim Eriksen, Public Works Director / City Engineer.  Potter Valley Project Update - Phil Williams, Legal Counsel and Sean White, Water Resources Director.
 Election Update – Kristine Lawler, City Clerk.
 Master Tax Sharing Agreement Update – Sage Sangiacomo, City Manager.

12. PUBLIC HEARINGS (6:15 PM)
a. Possible Introduction of an Ordinance by Title Only Adding Chapter 8 to Division 9 of the Ukiah City Code Entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 Entitled "Agricultural Operations and the Right to Farm".

Presenters: Craig Schlatter, Community Development Director and Darcy Vaughn, Assistant City Attorney.

PUBLIC HEARING OPENED AT 7:12 P.M.

Public Comment: Linda Sanders and Jazzmynn Randall.

PUBLIC HEARING CLOSED AT 7:25 P.M.

Motion/Second: Rodin/Crane to introduce the Ordinance, by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:

None. ABSTAIN: None.

Acting Clerk, Araceli Sandoval, read the following ordinance title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 8 TO DIVISION 9 OF THE UKIAH CITY CODE ENTITLED “AGRICULTURE” AND AN ARTICLE 1 TO DIVISION 9, CHAPTER 8 ENTITLED “AGRICULTURAL OPERATIONS AND THE RIGHT TO FARM”.

Motion/Second: Crane/Rodin to introduce the Ordinance adding Chapter 8 to Division 9 of the Ukiah City Code entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 entitled "Agricultural Operations and the Right to Farm". Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for August 7, 2024, Continued:

b. Conduct a Public Hearing and Consider Adoption of Resolution for User Fees at the Ukiah Regional Airport.

Presenter: Greg Owen, Airport Manager.

PUBLIC HEARING OPENED AT 7:37 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:37 P.M.

Motion/Second: Crane/Rodin to adopt the Resolution (2024-37) and corresponding Exhibit A user fee schedule for the Ukiah Regional Airport. Motion carried by the following roll call votes: AYES:

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

13. UNFINISHED BUSINESS
a. Receive Report Regarding the Economic Development and Financing Corporation (EDFC); Consideration of Request for Funding from EDFC; and Authorize the City Manager to Negotiate and Execute Performance Agreement Between the City of Ukiah and EDFC in the Amount of $12,455.25 for FY 2024-25.

Presenters: Shannon Riley, Deputy City Manager and Robert Gernert, EDFC Executive Director.

A PowerPoint presentation was given.

Motion/Second: Rodin/Crane to receive report regarding the Economic Development and Financing Corporation (EDFC) and authorize the City Manager to negotiate and execute Performance Agreement (2425-090) between the City of Ukiah and EDFC. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN:

None.
b. Provide Direction to Staff Regarding Future Use of Orr Street Bridge.

Presenters: Shannon Riley, Deputy City Manager and Tim Eriksen, Public Works Director/City Engineer.

Public Comment: Porter Dinehart, Linda Sanders, and Maureen Mulheren.

Motion/Second: Rodin/Crane to give the following direction to Staff:
 Open the bridge as a one-lane bridge (for vehicles); 10' driving lane and bike/ped lane on the east side of the bridge; Botts dots (reflective bumps) to divide the bike/ped lane; painted 6' bike/ped lane.
 Add lighting to the bridge.
 Place speed bumps (designed for 10-15 mph and most uncomfortable as possible) on Orr Street, one on the north end and one on the south end.
 To explore options to paint the bridge (frame and railings), preferable with graffiti-resistant paint.
 Provide written notice to the neighborhood, notifying residents and owners of the changing conditions.

City Council Minutes for August 7, 2024, Continued:

 Gathering the base line data first, followed by the traffic data (speed, traffic count) after the bridge is open.

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

Sher. ABSENT: None. ABSTAIN: None.

Council Directive to direct Staff to bring the item back after the bridge has been open, data has been collected, and it has gone back to the ad hoc (approximately seven to eight months).

RECESS: 8:58 - 9:13 P.M.

14. NEW BUSINESS
a. Consider Introducing by Title Only and Ordinance Amending the Ukiah City Code to Address Regulatory Loopholes in the Prohibition of Outdoor Burning.

Presenter: Justin Buckingham, Ukiah Valley Fire Authority Battalion Chief Motion/Second: Crane/Rodin to introduce the Ordinance, by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:

None. ABSTAIN: None.

Acting Clerk, Araceli Sandoval, read the following ordinance title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 5502 AND 5503.A IN CHAPTER 6 OF DIVISION 6 OF THE UKIAH CITY CODE, REPLACING CALIFORNIA FIRE CODE SECTION 1102.3 WITH LOCALLY ADOPTED RULES GOVERNING OUTDOOR BURNING.

Motion/Second: Crane/Rodin to introduce the ordinance amending Sections 5502 and 5503 of the Ukiah City Code to close the regulatory loophole in the City's prohibition of outdoor burning. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:

None. ABSENT: None. ABSTAIN: None.
b. Discussion and Possible Introduction by Title Only of an Ordinance Amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, Pertaining to Compensation of the City Treasurer.

Presenters: Darcy Vaughn, Assistant City Attorney and Sage Sangiacomo, City Manager.

Motion/Second: Crane/Orozco to introduce the Ordinance, by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:

None. ABSTAIN: None.

Acting Clerk, Araceli Sandoval, read the following ordinance title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 251 OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF THE CITY TREASURER.

Motion/Second: Crane/Rodin to introduce an Ordinance amending Section 251 of the Ukiah City Code, pertaining to compensation of the City Treasurer [increasing the compensation to $720 per month]. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for August 7, 2024, Continued:

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

No reports were received.
d. Designation of Voting Delegate and Possible Alternate for the League of California Cities Annual Conference – October 16-18, 2024.

Presenter: Sage Sangiacomo, City Manager.

Motion/Second: Rodin/Crane to designate Mayor Duenas as the Voting Delegate to represent the City of Ukiah for the 2024 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate Form on their behalf. Motion carried by the following roll call votes: AYES:

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

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 c. Conference with 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 Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment
f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment

City Council Minutes for August 7, 2024, Continued:

g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-230-03-00
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Mark and Jann Lanz
Under Negotiation: Price & Terms of Payment
h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
j. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
No Closed Session was held.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:43 p.m. ________________________________
Araceli Sandoval, Acting Clerk

Agenda Item No: 8.a.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-427

AGENDA SUMMARY REPORT
SUBJECT: Approval of a Contract Amendment 1 for the Additional Design and Construction Management Services by West Yost for Technical Services Related to the Suspended Air Floatation (SAF) and Screw Press at the Waste Water Treatment Plant, in the Amount of $179,000, and Approve Corresponding Budget Amendment.

DEPARTMENT: Public Works PREPARED BY: Jason Benson, Senior Civil Engineer, Sean White, Water Resources Director
PRESENTER: Jason Benson, Public Works Senior Engineer
ATTACHMENTS:

None
Summary: City Council will consider approval of a contract and budget amendments with West Yost for additional design and construction management for the Thickening and Dewatering Improvements Project.

Background: At the May 18, 2022 meeting, Council awarded a professional services agreement with West Yost for the design of the Suspended Air Floatation (SAF) and Screw Press for $522,087. On June 7, 2023, Council awarded Pacific Infrastructure for construction of the Thickening and Dewatering Improvements Project. West Yost will provide construction management services during construction, which includes Engineering Services During Construction (ESDC).

The project was consolidated into one bid package, resulting in a credit to the contract of approximately $9,000, as only one bid period was needed instead of two.

Additional work included the addition of eight Variable Frequency Drives (VFDs), with four VFDs added in the Main Electrical Building and four VFDs added in the Trickling Filter Electrical Building. This work, which was out-of-scope but necessary to better control the flow to the new SAF units, required routing new ductbanks to the Washwater Pumps and re-using existing conduits for the primary scum pumps. The effort for the eight new VFDs required fourteen new drawings and modifications to a few existing drawings, costing approximately $62,000 or $4,400 per drawing.

Moreover, additional effort for Engineering Services During Construction (ESDC) has been necessary. The original budget for ESDC was $137,108, covering the two combined areas. However, due to a higher number of submittals, Requests for Information (RFIs), and design clarifications than initially anticipated, additional effort was required. To date, approximately $161,500 has been spent, and an additional $38,500 is projected to be needed to finish construction, resulting in a total additional cost of approximately $63,000. Specifically, the original budget accounted for reviewing 40 submittals and resubmittals, but approximately 90 submittals have been reviewed to date. Similarly, the original budget anticipated responding to 20 RFIs, but approximately 55 RFIs have been addressed so far. Additionally, the original budget did not allocate funds for Potential Change Order (PCO) review and design clarifications, but approximately 25 PCOs have been reviewed, and five design clarifications have been created. The original electrical and Instrumentation & Control (I&C) budget, along with the additional eight VFDs, assumed the development of 32 drawings.

However, 50 drawings were required to complete the electrical and I&C design. This additional 18 drawings required $38,000 more in effort.

The construction schedule has also been extended because of supply chain issues, resulting in more coordination and construction meetings. These unforeseen tasks required additional engineering and construction management services to ensure project success, costing an additional $179,000.

Discussion: A contract and budget amendment in the amount of $179,000, of which $165,094 has been spent as of June 30, 2024, is necessary for additional engineering and construction management services to complete the project, ensuring efficient wastewater treatment and minimizing maintenance. Amendment 1 would increase the contract total to $701,087.00.

This unplanned expenditure will require the use of remaining sewer fund reserves, if available, and/or internal borrowing. The Ukiah Valley Sanitation District will share in approximately half the cost under the terms of the current operating agreement. It has been notified of the increased expenditure.

Recommended Action: Approve contract amendment 1 with West Yost, and budget amendment in the amount of $179,000.00, for additional Design and Construction Management Services.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: $522,087
PROPOSED BUDGET AMOUNT: $701,087.00
FINANCING SOURCE: Cost share with UVSD and remaining sewer fund reserves/internal borrowing PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Finance Department
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Agenda Item No: 8.b.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-477

AGENDA SUMMARY REPORT
SUBJECT: Approval of a Contract Amendment with Online Solutions LLC, DBA Citizenserve, for Additional Electronic Permit Streamlining and Services for the Community Development Department; and Approval of Corresponding Budget Amendments.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director.

ATTACHMENTS:

1. COU 2223-179 Online Solutions

2. Amendment 1 - C _2223-179 draft
Summary: Council will consider approval of a contract amendment with Online Solutions LLC, DBA Citizenserve, for additional electronic permit streamlining and services for the Divisions of Planning, Building, Code Enforcement, Fire Prevention, and Business Services of the Community Development Department.

Council will also consider approving corresponding budget amendments.

Background: On May 20, 2020, the City Council adopted Resolution No. 2020-25 authorizing submittal of an application for, and receipt of, $65,000 in Local Government Planning Support Program (also referred to as the Local Early Action Planning Program, or LEAP) funds. On November 3, 2020, the City received notification from the Department of Housing and Community Development (HCD) that the application had been awarded, and on March 22, 2021, the standard agreement, 20-LEAP-15456, was executed.

On February 11, 2022, Mendocino Council of Governments (MCOG) executed grant # 21-REAP-16842 with HCD for $383,245 in Regional Early Action Planning (REAP) funding for Mendocino County jurisdictions. Of this amount, the City of Ukiah was awarded $69,536.37 based on its population size. The award was for the City's purchase of electronic permitting software.

After completion of a competitive procurement process, on March 15, 2023, Council approved authorization for the City Manager to negotiate and execute a contract with Online Solutions, LLC DBA Citizenserve, and COU No. 2223-179 (Attachment 1) was executed between the City and Citizenserve on May 2, 2023. The total contract was $209,057 over five years, including setup and annual user fees for 15 licenses.

Funding Made Available for Electronic Permitting and Citizenserve Quotes MCOG staff reached out to staff of Mendocino County incorporated cities on July 30, 2024, to announce that of the $383,245 in REAP funds, $75,100 would be unspent unless reallocated to cities needing the funding.

Additionally, the remaining funding would need to be expended by September 14, 2024.

Additionally, of the four tasks in 20-LEAP-15456, as of August 2024, two were completed and one--for an update to the Historic Structure Development Policy--will not be completed by the expenditure deadline (September 30, 2024). The fourth activity is for purchase of the Department's electronic permitting software Online Solutions, DBA Citizenserve, of which $40,100 in LEAP funds was allocated.

To ensure no funding was "left on the table" for both the City's LEAP award and MCOG's REAP award, Staff requested quotes for additional electronic permitting services from Citizenserve. Staff also requested a quote for paying for an additional year of Citizenserve user fees such that there would be no impact to the General Fund until 2027. The following was received:

1. Invoice 5652 - for Historical Permits Data Migration - $10,000 This will migrate all historical permits currently in the City's financial software, MUNIS, into Citizenserve resulting in time savings and increased accuracy for Staff in entering permit information and looking up historical information in the future.

2. Invoice 5653 - for GIS Integration - $10,000
This will integrate GIS/mapping services into Citizenserve, enabling users enhanced mapping capabilities when working with the software and resulting in more comprehensive and transparent information sharing with customers.

3. Invoice 5654 - for annual user fee for 2025-2026 - $31,500 Services Funded through Approved MCOG Funding and Amended LEAP Grant To pay for another year of Citizenserve and additional electronic permit streamlining services via LEAP, Staff requested to move $13,951.47 of unspent funding in Task 1 to Task 4. On August 7, 2024, HCD approved this request, bringing the total to $54,051.47 in LEAP funding for the software.

On July 30, 2024, Staff requested $25,912.57 from the unspent MCOG REAP funds to pay for remaining Citizenserve electronic permitting services. On August 14, 2024, MCOG staff notified Staff that both the MCOG Board and HCD had approved the City's request.

As a result of the approved amendment to the City's LEAP contract and the additional REAP funding from MCOG, the total in grant funding awarded to the City for purchase of the electronic permitting software and additional streamlining services is $149,500.

Discussion: To initiate these changes such that Staff can bring the services online and receive full reimbursement from LEAP and REAP, the following is requested:

1. Authorize the City Manager to execute Contract Amendment No. 1 (Attachment 2) to COU No. 2223-179, bringing the new contract total to $229,500.

2. Execute budget amendments to allocate $26,448.53 to REAP and $51,837.84 to LEAP for FY 2025.

Note that the cost of the additional services, $20,000, plus one additional year of Citizenserve user fees at $31,500, will be entirely paid for by LEAP and REAP so there will be no net cost to the City for these budget amendments. Additionally, the budget amendment is requesting the full amount of the balance of the available funds for both grants.

Recommended Action: Approve contract amendment with Online Solutions LLC, DBA Citizenserve, for additional electronic permit streamlining and services for the Community Development Department; and approve related budget amendments.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: $0
PROPOSED BUDGET AMOUNT: 31523100.54320.18361 (REAP): $45,912.16; 31523100.54320.18239 (LEAP): $51,837.84
FINANCING SOURCE: LEAP and REAP grants
PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU No. 2223-179
COORDINATED WITH: Mary Horger, Financial Services Manager

DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

ATTACHMENT 1

CITY OF UKIAH
AMENDMENT 1
TO
CONTRACT #2223-179 – PERMITTING SOFTWARE SYSTEM
This Amendment No. 1, entered on August ___, 2024 revises the Permitting Software System Agreement dated May 2, 2023 between the City of Ukiah and Online Solutions, LLC (DBA Citizenserve) for vendor products and services related to provision of a Permitting Software System.

This Amendment No. 1, as per Exhibit 1:
1) Amends the Scope of Services to integrate GIS capabilities and complete data migration for historical Community Development Department permits.
2) Adds an additional dollar amount of $20,000 for a revised total contract amount of $229,057.

Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT ON THE EFFECTIVE DATE:

ONLINE SOLUTIONS, LLC (DBA CITIZENSERVE)
BY: DATE:

JIM GARVEY, MANAGER

CITY OF UKIAH
BY: DATE:

SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:

KRISTINE LAWLER, CITY CLERK
ATTACHMENT 2

onlinesolutions ~ 1.800.325.9818 ~ citizenserve | onlinesolutions ~ 1.800.325.9818 ~ citizenserve Online Solutions LLC
1101 E. Warner Rd Suite 160
Tempe, AZ 85284 US
(800)325-9818x703
[email protected]
www.citizenserve.com

BILL TO
City of Ukiah
300 Seminary Ave.

Ukiah, CA 95482
INVOICE # DATE TOTAL DUE DUE DATE TERMS ENCLOSED
5653 08/05/2024 $10,000.00 08/05/2024 Due on receipt

DESCRIPTION QTY RATE AMOUNT
Systems Integration
GIS Integration
1 10,000.00 10,000.00
SUBTOTAL 10,000.00
TAX (8.3%) 0.00
TOTAL 10,000.00
BALANCE DUE $10,000.00
EXHIBIT 1 (Page 1)

onlinesolutions ~ 1.800.325.9818 ~ citizenserve | onlinesolutions ~ 1.800.325.9818 ~ citizenserve Online Solutions LLC
1101 E. Warner Rd Suite 160
Tempe, AZ 85284 US
(800)325-9818x703
[email protected]
www.citizenserve.com

BILL TO
City of Ukiah
300 Seminary Ave.

Ukiah, CA 95482
INVOICE # DATE TOTAL DUE DUE DATE TERMS ENCLOSED
5652 08/05/2024 $10,000.00 08/05/2024 Due on receipt

DESCRIPTION QTY RATE AMOUNT
Data Migration
Historical Permits Data Migration
1 10,000.00 10,000.00
SUBTOTAL 10,000.00
TAX (8.3%) 0.00
TOTAL 10,000.00
BALANCE DUE $10,000.00
EXHIBIT 1 (Page 2)

Agenda Item No: 8.c.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-480

AGENDA SUMMARY REPORT
SUBJECT: Adoption of an Ordinance Adding Chapter 8 to Division 9 of the Ukiah City Code Entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 Entitled "Agricultural Operations and the Right to Farm".

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Consent Calendar
ATTACHMENTS:

1. UKGP_08 Agriculture Element

2. Ukiah Right to Farm Draft Ordinance
Summary: Council will consider adoption of an ordinance that would establish a Right to Farm policy for ensuring appropriate disclosure of agricultural activities both within and adjacent to the City of Ukiah.

Background: Note: the below background is taken directly from the staff report prepared for the August 7, 2024 meeting.

On December 7, 2022, City Council adopted Resolutions No. 2022-79 and 2022-78, respectively, adopting the 2040 Ukiah General Plan and certifying the associated Environmental Impact Report. Upon adoption, City Staff began implementation of programs within each of the eight Elements, a comprehensive list of which is contained in Appendix A: Implementation Programs. Each of the 123 implementation programs includes a deadline by which the program is to be implemented, i.e. 2022-2025, 2026-2030, 2031-2040, Annual, and Ongoing.

Consistent with Annexation goals and policies within the Land Use Element, including alignment with the Ukiah Valley Area Plan, the 2040 General Plan includes a new Agriculture Element (Attachment 1) with 13 implementation programs. Of the seven (7) programs to be completed by 2025, one has been drafted by Staff (this item) and six (6) are in progress.

This item (Right to Farm Ordinance) is thus the first implementation program to be undertaken and completed within the new Agriculture Element. If adopted, the Right to Farm Ordinance drafted for Council's review and possible introduction (Attachment 2) would complete Implementation Program 8.3 (B) Right to Farm, which directs as follows:

The City shall adopt a right-to-farm ordinance to ensure appropriate disclosure of agricultural activities both within and adjacent to the City of Ukiah.

The proposed Ordinance is also consistent with and/or fulfills policies and goals within the Environment and Sustainability Element, the Agriculture Element, and the City's Climate Emergency Initiatives Resolution No. 2022-44, as noted below:

General Plan Goal ENV-1: Preserve open space land for the commercial agricultural and productive uses, the protection and use of natural resources, the enjoyment of scenic beauty and recreation, protection of tribal resources, and the protection from natural hazards.

General Plan Goal AG-1, Ukiah General Plan: To preserve and strengthen agricultural uses in and around Ukiah that influence the regional economy.

General Plan Policy AG-1.1 Reduce Agricultural/Urban Conflict.

General Plan Policy AG-1.2 Preserve Agricultural Lands.

Climate Resolution No. 2022-44, Land Use, Update Zoning Ordinance: Educate the public and promote "gentle density" as a sustainable, climate-friendly way to preserve small town quality of life. Utilize policies and programs within the City's 2040 General Plan to implement environmental and sustainability goals.

The purpose of the Right to Farm ordinance is to conserve and protect the continued viability of agricultural operations and limit the circumstances under which agricultural operations may be deemed to constitute a nuisance, consistent with the California Agricultural Protection Act. This additional layer of protection for existing agricultural operations will be important as the City annexes unincorporated lands in alignment with its General Plan annexation policies.

In developing this Right to Farm Ordinance, Staff utilized existing ordinances from the Cities of Tracy and Calistoga and guidance from the California Department of Conservation. Upon development of a draft by the City Attorney's Office, the ordinance was compared with Mendocino County's existing Right to Farm ordinance to verify consistency.

Stakeholder Review and Input Process
To ensure a policy reflective of existing agricultural stakeholder interests, Staff forwarded the draft ordinance to the Mendocino County Farm Bureau (MCFB) for input and edits. Staff additionally hosted a virtual meeting with MCFB staff to discuss the draft ordinance, and MCFB staff made a few edits and had questions that resulted in minor changes to the final draft of the ordinance. In Staff's opinion, these edits and questions resulted in an improved final draft. Upon solidifying this final draft, Staff sent the final ordinance to Mendocino Local Agency Formation Commission (LAFCo) staff for review and input. LAFCo staff had no comments or edits but appreciated the opportunity to review.

Aligning Agricultural Standards and Right to Industry
Staff notes to Council that Program C, Align Agricultural Standards, is in progress but has been paused until after the County of Mendocino completes and adopts its comprehensive zoning code update (expected by early 2025). In developing recommendations related to this Program, Staff anticipates, among other amendments, developing a Right to Industry ordinance that would minimize conflicts between industrial and other land uses and encourage industry that is compatible with goals and policies of the General Plan.

CEQA Determination
The proposed City Code amendments to add a new Chapter entitled “Agriculture” and a new Article entitled “Agricultural Operations and the Right to Farm” are exempted from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3), otherwise known as the “common sense exemption”. The amendments are purely administrative and involve only changes to the text of the City Code.

They do not authorize any new construction or physical changes to the environment. As such, the project does not have the potential to result in any significant effects on the environment. Any future development applications or other applications for entitlements may be subject to environmental review on the merits of the individual application, and the applicability of CEQA would be determined on a project-by-project basis.

On August 7, 2024, City Council unanimously approved the introduction of the Ordinance within Attachment 2.

Discussion: Staff recommends Council adopt the Ordinance in Attachment 2 adding Chapter 8 to Division 9 of the Ukiah City Code entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 entitled "Agricultural Operations and the Right to Farm". If adopted, this ordinance will go into effect in 30 days.

Recommended Action: Adopt Ordinance adding Chapter 8 to Divison 9 of the Ukiah City Code entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 entitled "Agricultural Operations and the Right to Farm".

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: Darcy Vaughn, Assistant City Attorney; Jazzmynn Randall and Devon Boer, Mendocino County Farm Bureau
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 5a – Update zoning ordinance.

GENERAL PLAN ELEMENTS (GP): GP-A5 - Environment and Sustainability Element, Goal ENV-1; GP-A7 - Agriculture Element, Goal AG-1, Policies AG-1, AG-1.1, and AG-1.2, and Implementation Program 8.3 (B) Right to Farm.

8 Agriculture Element
ATTACHMENT 1

Ukiah 2040 General Plan Agriculture Element

Agriculture Element
Section Title Page

8.1 Agriculture................................................................................................................................................. 8-3

8.2 Ukiah Valley Agricultural Stakeholders ........................................................................................................ 8-4

8.3 Implementation Programs .......................................................................................................................... 8-6

8. Agriculture Element
Policy Document | December 2022 Page 8-3
Formalized agriculture within the Ukiah Valley began in the 1850s. Efforts included the raising of livestock and the growing of various grains, and hops. When the Northwestern Pacific Railroad was completed in 1889, prunes, potatoes, pears, and hops were sent from the Ukiah Valley to San Francisco and other regional markets. Hops, pears, prunes and grapes were the most widely planted crops in the 1950s, and today the Ukiah Valley is home to a number of productive agricultural activities, including organically produced crops and notable vineyards. The Valley’s rich bottom-land, resourced by the Russian River, consists of prime, fertile soils and benchlands highly productive for grapes. Presently, agricultural land within the region is mostly comprised of vineyards and pear orchards but also includes row crops and pasturelands.

Agricultural production has been an important part of the regional economy for generations and will continue to be a foundational component for decades to come. In addition to the economic benefits, agricultural lands provide a pastoral quality that helps define the character of the Ukiah Valley. If undertaken appropriately by addressing issues related to health and, potential nusiances (e.g., noise, odor, ashetics), urban agriculture can improve access to healthy food, promote community development, and create jobs.1 While agricultural resources are addressed and protected by numerous State laws, this Agriculture Element is included here to implement new approaches to local agriculture and strengthen existing City policies regarding preservation and enhancement of regional working lands.

Goals and Policies
To preserve and strengthen agricultural uses in and around Ukiah that influence the regional economy.

AG-1.1 Reduce Agricultural/Urban Conflict
The City shall reduce conflict between incompatible uses and agriculture within and adjacent to the City.

AG-1.2 Preserve Agricultural Lands
With the exception of presently proposed or approved subdivisions, the City shall discourage urban development on unincorporated land within its Sphere of Influence until annexed by the City. The City shall support County land use regulations that protect the viability of local agriculture in the Ukiah Valley.

AG-1.3 Plan Together
The City shall identify and involve stakeholders, as well as advisors with knowledge and expertise, to create and implement a comprehensive planning framework that preserves and strengthens agricultural uses in and around Ukiah that inform and influence the regional economy. 1 Golden, S. (2013). Urban Agriculture Impacts: Social, Health, and Economic: A Literature Review. University of California Sustainable Agriculture Research and Education Program: Agricultural Sustainability Institute at UC Davis.

Ukiah 2040 General Plan Agriculture Element

To create a healthy, equitable and resilient local-food system that further integrates agriculture into the City’s identity.

AG-2.4 Backyard Food
The City shall allow and encourage residents to undertake supplementary local agriculture, including backyard gardens, apiaries, poultry, and ‘foodscaping’. Examples include community, school, backyard, and rooftop gardens with a purpose extending beyond home consumption and education.

AG-2.5 Buy Local, Enjoy Local
The City shall encourage additional farmer and community markets, food trucks, and farm stands to support production, distribution, and sale of locally grown foods and continue to support communitybased food production and local, nutritious food by working with local landowners for the creation of additional community gardens.

AG-2.6 Support Gardeners
The City shall coordinate with the University of California Cooperative Extension (UCCE) Mendocino County Master Gardener Program, to connect city residents with backyard gardening knowledge.

AG-2.7 Farmer’s Markets
In conjunction with the Mendocino County Farmers Market Association, the City shall research and identify additional ways to support the sale of local produce and goods at farmers markets within the City of Ukiah.

Help existing agricultural stakeholders move ‘Beyond the Farm’.

AG-3.1 Establish Infrastructure to Grow the Agricultural Economy The City shall support existing agriculture operators by encouraging a diverse, vibrant, and innovative agriculture economy that creates new opportunities and products from regional producers for local consumption and export. In conjunction with stakeholders, the City shall encourage the creation of agricultural business incubators, shared kitchens, and workforce development programs that create locations to strengthen agricultural operators within the region.

AG-3.2 Agritourism
The City shall support expansion of the agricultural tourism industry by assessing utilization use of tourism facilities (e.g., hospitality, restaurants, etc.), as well as supporting efforts to plan and integrate the Great Redwood Trail into the agricultural economy.

AG-3.3 University Research
The City shall encourage research, particularly at the University of California Cooperative Extension, pertinent to the Ukiah Valley to identify new potential uses and enhancement for existing agricultural industries, especially pomology, ‘forestry, livestock, ‘and viticulture.

While the City recognizes the geographical limitations of its agricultural policies, the City also recognizes its sense of identity and quality of life are closely associated with the surrounding setting. To implement the goals and

8. Agriculture Element
Policy Document | December 2022 Page 8-5
policies associated with this Agriculture Element, involvement of the below mentioned stakeholders, plus potentially many more, will be critically important to successful implementation of this general plan element. If implemented successfully, the Agriculture Element would activate conversations between government agencies and key stakeholders in the region to undertake a more collaborative effort resulting in unified land use policies for the future.

LAND USE PLANNING AND POLICY
- Mendocino County Resouces
Conservation District (MCRCD)
- Mendocino County Department of
Planning and Building Services (PBS)
- Sustainable Agriculture Lands Committee
(SALC)
- Mendocino Land Trust (MLT)
- Mendocino Local Agency Formation
Commission (LAFCo)

FARMING AND FOOD SECTOR
- Mendocino County Farm Bureau (MCFB)
- Mendocino County Farmers Market
Association
- University of California’s Cooperative
Extension - Mendocino County
- Mendocino County Agricultural
Commissioner
- Plowshares - Ukiah
- NCO Gardens Project
- Mendo Lake Food Hub

Ukiah 2040 General Plan Agriculture Element

Programs
Implements
Which
Policy(ies)
Responsible
Supporting
Department(s)
2022 – 20252026 – 20302031 – 2040AnnualOngoing
Agricultural Buffer
The City shall work with Mendocino County
to establish setback or buffers for new
non-agricultural development adjacent to
agricultural lands to reduce conflict
between incompatible land uses.

AG – 1.2 Community
Development
◼
Right to Farm
The City shall adopt a right-to-farm
ordinance to ensure appropriate disclosure
of agricultural activities both within and
adjacent to the City of Ukiah.

AG – 1.2 Community
Development
◼
Align Agricultural Standards
The City shall revise agricultural standards
and use terminology to be consistent with
adjacent jurisdictions within the Ukiah
Valley for the support of future annexation
efforts.

AG – 1.2
AG – 1.3
Community
Development
◼
Williamson Act
In coordination with the County Assessor,
the City shall establish a Williamson Act
program that aligns with ongoing efforts to
preserve agricultural lands across
Mendocino County.

AG – 1.2 Community
Development
City Manager ◼
Reduce Regulation – Local Agriculture
The City shall revise the Zoning code to
allow low-intensity agricultural activities
on residential parcels, including but not
limited to back yard beehives, chickens
and gardens. The revision will include
objective use, development, and
environments standards, and minimal
permit fee requirements.

AG – 2.4 Community
Development
City Attorney
◼

8. Agriculture Element
Policy Document | December 2022 Page 8-7
Programs
Implements
Which
Policy(ies)
Responsible
Supporting
Department(s)
2022 – 20252026 – 20302031 – 2040AnnualOngoing
Foodscaping
The City shall revise the City’s objective
development and design standards for
multi-family housing projects to include
the definition of and provisions for
‘foodscaping’.

AG – 2.4 Community
Development
◼
“No Mow May”
To encourage additional pollinators, the
City shall prepare a pilot program for a “No
Mow May” to encourage more ecologically
beneficial lawns within the City of Ukiah.

AG – 2.4 Community
Development
City Manager
◼
Urban Agricultural Definitions
The City shall revise the City Zoning Code
definitions, standards, and limitations for
“Urban Agriculture”, including rooftop
gardens, aquaculture, hydroponics, etc.

AG – 2.4 Community
Development
◼
Support Community Gardens
The City shall revise the Zoning code to
streamline the regulatory permitting
process to support the creation of
additional community gardens within the
City.

AG – 2.5
AG – 2.6
Community
Development
City Manager ◼
Urban Agricultural Incentive Zone
The City shall research and consider
implementation of an Urban Agricultural
Incentive Zone (AB 551). “The Urban
Agriculture Incentive Zones Act authorizes
a city… and a landowner to enter into a
contract to restrict the use of vacant,
unimproved, or otherwise blighted lands
for small-scale production of agricultural
crops and animal husbandry.

AG – 2.4 Community
Development
City Manager
◼
Local Food: Food Trucks & Farm Stands
The City shall revise the Zoning Code to
support the distribution and sale of locallygrown food via Food Trucks, Farm Stands, and farmer/community markets.

AG – 2.5 Community
Development
Public Works
◼

Ukiah 2040 General Plan Agriculture Element

Programs
Implements
Which
Policy(ies)
Responsible
Supporting
Department(s)
2022 – 20252026 – 20302031 – 2040AnnualOngoing
Farmers Markets
In conjunction with the Mendocino County
Farmers Market Association, the City shall
research and identify additional ways to
support the sale of local produce and
goods at farmers markets within the City
of Ukiah.

AG – 2.7 Community
Development
Public Works ◼
Local Purchasing
The City shall research and prepare a local
preference purchasing policy for future
adoption to promote and support local
preference purchasing policies for the City
of Ukiah, local school districts and other
institutions as a means to foster
awareness and build relationships across
the regional economy.

AG – 3.1 Community
Development
City Manager
◼

ORDINANCE NO. 2024 - __XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 8 TO DIVISION 9 OF THE UKIAH CITY CODE ENTITLED “AGRICULTURE” AND AN ARTICLE 1 TO DIVISION 9, CHAPTER 8 ENTITLED “AGRICULTURAL OPERATIONS AND THE RIGHT TO FARM”.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. It is the policy of the City of Ukiah to implement new approaches to local agriculture and strengthen existing City policies regarding preservation and enhancement of regional working lands; and

2. In order to conserve and protect the continued viability of agricultural operations, it is the intention of the City to limit the circumstances under which agricultural operations may be deemed to constitute a nuisance, consistent with the California Agricultural Protection Act (Civil Code § 3482.5); and

3. The proposed ordinance is consistent with the following provisions of the Environment and Sustainability Element and the Agriculture Element of the City of Ukiah’s General Plan and would fulfill a General Plan Implementation Program calling for the adoption of a right-to-farm ordinance:
• Goal ENV-1: Preserve open space land for the commercial agricultural and productive uses, the protection and use of natural resources, the enjoyment of scenic beauty and recreation, protection of tribal resources, and the protection from natural hazards.
• Goal AG-1: To preserve and strengthen agricultural uses in and around Ukiah that influence the regional economy.
• Policy AG-1.1 Reduce Agricultural/Urban Conflict
• Policy AG-1.2 Preserve Agricultural Lands.
• Implementation Program 8.3 (B) Right to Farm: The City shall adopt a right-tofarm ordinance to ensure appropriate disclosure of agricultural activities both within and adjacent to the City of Ukiah.

SECTION TWO.

A new Chapter 8, entitled “AGRICULTURE” shall be added Division 9 of the Ukiah City Code.

SECTION THREE.

A new Article 1, entitled “AGRICULTURAL OPERATIONS AND THE RIGHT TO FARM” shall be added to Division 9, Chapter 8 of the Ukiah City Code and shall read as follows:

ATTACHMENT 2

ARTICLE 1 AGRICULTURAL OPERATIONS AND THE RIGHT TO FARM §9750 PURPOSE AND INTENT.

A. It is declared a statement of policy of this City to preserve and protect existing agricultural operations consistent with Section 8.1 of the Ukiah 2040 General Plan, within the incorporated City. Further, it is the purpose of this Article to declare farming operations not to be a nuisance and to recognize persons’ and/or entities’ right to farm. To conserve and protect the continued viability of agricultural operations, it is the intention of the City to limit the circumstances under which agricultural operations may be deemed to constitute a nuisance, consistent with the California Agricultural Protection Act, codified at Civil Code Section 3482.5.

B. The City has determined that the use of real property for agricultural operations in the city limits of Ukiah, or such lands that may be annexed into the incorporated City boundaries, is a priority use, and those inconveniences or discomforts arising from legally established agricultural activities or operations, as defined by this Code or state law, shall not be or become a nuisance.

C. As urban development occurs within the City, residential, commercial and industrial land uses will locate adjacent to pre-existing agricultural activities. As a result, agricultural operations may become the subject of nuisance complaints or litigation, and could be pressured to cease or curtail operations, or may be discouraged from making improvements. It is the intent of this Article to reduce the premature conversion of existing agricultural resources by clarifying the circumstances under which an agricultural operation may be considered a nuisance. This Article is not in any way modifying or abridging state law as set out in California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provisions of state law relative to a nuisance. Instead, it is to be utilized only in the interpretation and enforcement of the provisions of this Article and City regulations.

D. These provisions are not intended to prohibit the conversion of agricultural operations to other uses allowed by the Ukiah 2040 General Plan. §9751 DEFINITIONS
The meaning and construction of words and phrases defined in this Article shall apply, except where the context clearly indicates a different meaning or construction.

A. “Agricultural activity, operation or facility” (herein collectively referred to as “agricultural operations”) shall mean, but not be limited to, cultivation and tillage of soil (including typical fallow periods), the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, agriculture, the raising of livestock, dairying, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transport to market.

B. “Agricultural land” shall mean all real property within the incorporated City boundaries currently used for agricultural operations, or annexed as an agricultural operation.

C. “Director” shall mean the Community Development Director for the City or his or her designated representative.

D. “Land use” shall mean the existing use of property.

E. “Nuisance” shall have the meaning ascribed to that term in California Civil Code Section 3479 and as may be amended. California Civil Code 3479 reads, in part, as follows: “Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the use of property, so as to interfere with the comfortable enjoyment of life or property......is a nuisance”.

F. “Transfer” shall mean, but is not limited to, the sale, exchange or lease of property. §9752 PREEXISTING AGRICULTURAL OPERATIONS NOT A NUISANCE (RIGHT TO FARM).

A. No agricultural operation, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with the proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality. The above shall be the case provided that the agricultural operation has been in operation for more than three (3) years.

B. Subsection A of this Section shall not apply whenever a nuisance results from the negligent or improper handling of any such agricultural operation by person(s) or entities responsible for such operations, and if the agricultural operation obstructs free passage or use in the customary manner of any navigable lake, river, bay, stream, canal, basin or any public park, square, street or highway. Nothing in this Article shall prevent anyone from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice. Nothing in this Article shall protect the farm operator who is operating in an illegal manner or violating any applicable laws or regulations. §9753 DISCLOSURE REQUIREMENTS.

A. No person shall transfer real property within the City limits until the following disclosure in the form required by Civil Code Section 1102.6a, subparagraph (b) is made in writing to the transferee and is signed by the transferee. The disclosure shall include a statement containing the following language:

The City of Ukiah recognizes and supports the right to farm property upon which agricultural activities may be legally operated, including but not limited to at any time, noise; lights, odors; fumes; dust; smoke; insects; the operation of machinery (including aircraft); the application of fertilizers, soil amendments, seeds, herbicides, and pesticides; the storage of livestock feed and other agricultural commodities; the storage, application and disposal of manure; and the processing, transport and storage of agricultural products. The City of Ukiah has determined that

inconveniences and discomforts associated with such agricultural operations and activities, conducted in a manner consistent with proper and accepted customs and standards, is not a nuisance.

B. An owner of rental property within the City limits shall disclose the above in writing to a tenant prior to their rental of the property.

C. Any transferor of property within the City limits shall insert the disclosure recited above in the deed transferring any right, title or interest in the property to the transferee.

D. Prior to the issuance of a building permit for the construction of a residence or commercial building within the City limits, the property owner upon which the building is to be constructed shall file with the City a signed and dated acknowledgment of the disclosure set forth above.

E. All discretionary development approvals administered by the City of Ukiah Community Development Department for lands adjacent to an agricultural operation shall include a reference to this Article. These discretionary development approvals shall include, but not be limited to, the approval of tentative and final maps for residential purposes. The reference to this Article shall make it incumbent upon the individual or entity requesting a discretionary development approval to make a good faith effort to coordinate with the adjacent agricultural operator cropping patterns, harvesting, applications of herbicides and pesticides, and hours of farming operations with the expressed intent to reduce or eliminate the potential conflicts between agricultural and urban land uses.
§9754 PENALTY - VIOLATION
Any violation of the requirements of this Article shall be handled as a civil matter between the parties affected and shall not be a misdemeanor or infraction.

SECTION THREE.

1. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE.

This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.

Introduced by title only on ,2024, by the following roll call vote:

AYES:

NOES: None
ABSENT: None
ABSTAIN: None
Adopted on , 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Josefina Dueñas, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

Agenda Item No: 8.d.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-484

AGENDA SUMMARY REPORT
SUBJECT: Adoption of an Ordinance Amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, Pertaining to Compensation of the City Treasurer.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk, Dan Buffalo, Finance Director, Darcy Vaughn, Assistant City Attorney
PRESENTER: Sage Sangiacomo, City Manager
ATTACHMENTS:

1. Treasurer Compensation Increase Ordinance - redline

2. Treasurer Compensation Increase Ordinance -clean

3. Senate Bill (SB) 329
Summary: Council will consider adopting an ordinance amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, pertaining to compensation of the City Treasurer.

On August 7, 2024, City Council unanimously approved the introduction of the Ordinance within Attachment

2. Staff is now asking Council to adopt the ordinance, adjusting the City Treasurer's compensation to $720 per month.

Background: The City of Ukiah recently increased the amount of annual compensation earned by the City Council. After the City Code was amended to effect this increase, Staff reflected on the fact that the amount of annual compensation earned by the City's Treasurer has not been updated since 1996. The proposed Ordinance Amending Section 251 of the Ukiah City Code Pertaining to Compensation of the City Treasurer, attached here in red-lined (Attachment 1) and clean (Attachment 2) versions, will rectify this situation.

Discussion: The current base compensation (salary) for the City Treasurer of Ukiah has remained unchanged since 1996. In light of rising living costs and to promote equitable participation in city governance, it is appropriate to consider an adjustment to the City Treasurer's base compensation. Based on an analysis of changes to CPI over the past 28 years, as well as allowable adjustments to compensation under state law, the increased monthly compensation could be anywhere from $653 to $720 per month. The proposed Ordinance attached increases the salary to $720 per month, or $8,640 annually. Council has the option of selecting a lesser increase than the maximum.

Relevant Ukiah City Code Section:

Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code currently outlines the compensation for the City Treasurer. The proposed amendment to this section would bring the City Treasurer's base compensation in alignment with the new state guidelines established for city council members by SB 329 (Attachment 3).

Implementation Timeline:

While Government Code Section 36516.5 states that for City Council members, a proposed salary increase takes effect only after the next general municipal election, no such limitation applies to a compensation increase for a City Treasurer. As such, the compensation increase will go into effect thirty (30) days after the Ordinance is adopted.

Public Transparency:

To ensure transparency, this proposed Ordinance will be publicly noticed and a public hearing will be held to allow for community input before the City Council votes on the salary adjustment.

Shown below is a City Treasurer comparison for cities throughout northern California with an elected treasurer that have a similar population, with the averages of both the population and salary shown at the bottom:

Additionally, the finance department did an analysis of both what the Treasurer's base compensation would be if the salary had increased along with the Consumer Price Index (CPI) since 1996, and also what the amount would be if the salary had increased 5% per year since 1996, per government code 36516, resulting in the table below:

Using the information from the analysis presented herein, and the new standards of SB 329, Staff recommends that Council adopt the ordinance amending section 251 of the Ukiah City Code pertaining to compensation of the City Treasurer, increasing the salary to a specified amount per month, going into effect thirty (30) days after the Ordinance is adopted.

On August 7, 2024, City Council unanimously approved the introduction of the Ordinance within Attachment

2. Staff is now asking Council to adopt the ordinance, adjusting the City Treasurer's compensation to $720 per month.

Recommended Action: Adopt Ordinance amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, pertaining to compensation of the City Treasurer.

BUDGET AMENDMENT REQUIRED: Yes.

CURRENT BUDGET AMOUNT: $3,600
PROPOSED BUDGET AMOUNT: $8,640
FINANCING SOURCE: Indirect Cost Allocation
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Darcy Vaughn, Assistant City Attorney; Sheri Mannion, Human Resources Director; and Dan Buffalo, Finance Director
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 3 – Recruit, retain and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 251 OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF THE CITY

TREASURER
The City Council of the City of Ukiah hereby ordains as follows:

1. Ukiah City Code Section 251 is amended to read as follows:
§251 COMPENSATION; BOND: The Treasurer of the City shall receive as total compensation the sum of eight thousand six hundred forty dollars ($8,640.00) per year payable monthly plus medical, dental, and vision benefits. The City Treasurer shall be bonded in the sum of twenty-five thousand dollars ($25,000.00). The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. Any increase in compensation for the Treasurer shall be effective thirty days after the date of adoption of an ordinance of the City Council effecting this increase.

2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.

Introduced by title only on __________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on ___________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Josefina Dueñas, Mayor
ATTEST:
__________________
Kristine Lawler, CMC
Attachment 1

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 251 OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF THE CITY

TREASURER
The City Council of the City of Ukiah hereby ordains as follows:

1. Ukiah City Code Section 251 is amended to read as follows:
§251 COMPENSATION; BOND: The Treasurer of the City shall receive as total compensation the sum of eight thousand six hundred forty dollars ($8,640.00) per year payable monthly plus medical, dental, and vision benefits. The City Treasurer shall be bonded in the sum of twenty-five thousand dollars ($25,000.00). The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. Any increase in compensation for the Treasurer shall be effective thirty days after the date of adoption of an ordinance of the City Council effecting this increase.

2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.

Introduced by title only on __________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on ___________, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Josefina Dueñas, Mayor
ATTEST:
__________________
Kristine Lawler, CMC
Attachment 2

7/26/23, 10:17 AM Bill Text - SB-329 Cities: city council members: compensation. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB329 1/3 SHARE THIS: Date Published: 06/29/2023 09:00 PM
SB-329 Cities: city council members: compensation. (2023-2024) Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government. [ Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 329, Dodd. Cities: city council members: compensation.

Existing law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. Existing law authorizes that amount to be increased by the city council by an amount that does not exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted. Existing law provides for the procedures by which a city may enact ordinances.

This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified. The bill would authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of the city council.

Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.
(b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.

SEC. 2. Section 36516 of the Government Code is amended to read:

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT 3

7/26/23, 10:17 AM Bill Text - SB-329 Cities: city council members: compensation. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB329 2/3 36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month.
(F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. (4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves.

If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section. (f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first

7/26/23, 10:17 AM Bill Text - SB-329 Cities: city council members: compensation. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB329 3/3 meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

Agenda Item No: 8.e.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-482

AGENDA SUMMARY REPORT
SUBJECT: Receive Report of Contract for Truck Route Study with TJKM Transportation Consultants in the Amount of $44,965, and Approve Corresponding Budget Amendment.

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

1. Truck Route RFP

2. TJKM Contract 2425091
Summary: Council will receive a report for a contract with TJKM Traffic Consultants and consider approving a corresponding budget amendment. The report will provide the City with a preferred truck route through the city in order to help designate road improvements that may conflict with transportation of goods and services.

Background: The City of Ukiah was allocated $45,000.00 by the Mendocino Council of Governments (MCOG) for the development of a truck route study. The objective of the study is to determine and designate acceptable truck routes throughout Ukiah. As the City emphasizes multimodal transportation in its right-of-way designs, accommodating various modes of transit, this study will navigate the challenge of ensuring the smooth flow of goods and services alongside citizen transportation options.

Given the height restrictions on Caltrans freeway overpasses, large trucks sometimes need to utilize Ukiah streets as a bypass. The study will pinpoint specific truck routes within the city. Beyond its immediate impact, the study aims to engage navigation GPS services like Google and Apple to incorporate these truck routes.

The ultimate output will be a study outlining the most efficient truck routes through Ukiah.

Discussion: On May 7, 2024, City Staff released a request for proposals (RFP) from qualified firms for the development of a truck route study. See Attachment 1 for a copy of the RFP. TJKM was the only firm to submit an RFP to the City's request. Staff reviewed their proposal and found it to meet their expectations. TJKM has worked with the City previously and Staff was satisfied with their work. See Attachment 2 for a copy of the executed agreement with TJKM.

A budget amendment of $44,965 is requested to program the funds for FY24/25. The project is expected to be fully covered by the authorized MCOG funds.

Recommended Action: Receive report of a contract with TJKM Traffic Consultants in the amount of $44,965 and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 50824210.52100.18461: $0; 50824210.43391.18461: $0 PROPOSED BUDGET AMOUNT: 50824210.52100.18461: $45,000; 50824210.43391.18461: $45,000 FINANCING SOURCE: MCOG Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Mary Horger, Financial Services Manager, Jason Benson, Senior Engineer and Tim Eriksen, Director of Public Works/City Engineer
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element

REQUEST FOR PROPOSAL

TRUCK ROUTE STUDY
Request Date: May 7, 2024
Deadline for Responses: May 29, 2024, 5:00 P.M. (PST)
Attachment 1

City of Ukiah Page 2
Request for Proposal – Truck Route Study

CITY OF UKIAH
Request for Proposal (RFP) –Design and Engineering Services Truck Route Study

1.0 INTRODUCTION & BACKGROUND
The City of Ukiah seeks proposals from qualified consulting firms for a Truck Route Study aimed at optimizing transit corridors within Ukiah. This study will define optimal truck routes, aligning with the City's commitment to multimodal transportation. Challenges posed by inadequate freeway overpasses, particularly those under Caltrans, will be addressed.

The study aims to align multimodal design principles with the practical needs of large trucks using Ukiah as a bypass. Working collaboratively, the selected consultant will identify specific routes, aiming to integrate them into popular navigation GPS services like Google and Apple. The study's end goal is a comprehensive report delineating the most efficient and City Council-supported truck routes through Ukiah.

The project is funded by the Mendocino Council of Governments (MCOG) and is the total expected project cost. The project has an estimated cost of $45,000. No additional funding has been sought from other sources.

2.0 Project Details:

The City of Ukiah will partner with a consultant to analyze and evaluate the existing transit system. The objective is to determine and designate acceptable truck routes throughout Ukiah. As the City emphasizes multimodal transportation in its right-of-way designs, accommodating various modes of transit, this study will navigate the challenge of ensuring the smooth flow of goods and services alongside citizen transportation options.

Given the height restrictions on Caltrans freeway overpasses, large trucks often utilize Ukiah as a bypass. The study will pinpoint specific truck routes within the city. Beyond its immediate impact, the study aims to engage navigation GPS services like Google and Apple to incorporate these truck routes. The ultimate output will be a study outlining the most efficient truck routes through Ukiah, supported by a City Council resolution.

3.0 SCHEDULE OF EVENTS
The schedule for this procurement is as follows:

Distribute Request for Proposals: May 7, 2024
Deadline for Responses: May 29, 2024, 5:00 P.M. (Pacific Time) City Evaluation of Proposals: By June 5, 2024
Interviews (if necessary) By June 12, 2024
City Council approval requested
for recommended firm: June 19, 2024
The City must receive proposals no later than the time and date specified above. Those proposals received after this date and time will not be considered. Proposals will only be accepted electronically.

Send your proposals to the following:

Mary Horger
Financial Services Manager
City of Ukiah
[email protected]

City of Ukiah Page 3
Request for Proposal – Truck Route Study
Acceptable forms of electronic delivery are emailing the proposal directly, or providing a link to the documents for download, as long as the email is received by the established deadline. It is highly recommended to request a delivery receipt with the email to confirm that it has been received.

4.0 SCOPE OF WORK
All services shall be provided in accordance with the following attachments: Attachment A – City of Ukiah Insurance Requirements; Attachment B – City of Ukiah Professional Services Agreement.

The scope of services shall include tasks described below, as well as other elements or modifications, which may be suggested by consultants presenting proposals to better meet the needs of the City. The selected consultant shall undertake the following tasks and deliverables:

Data Collection Report (4 weeks):
• Detailed information on existing truck routes, traffic patterns, and road conditions in rural Northern California.
• Focus on finding a safe and effective alternative bypassing the downtown area of Ukiah. • Special attention to recently completed downtown road diet and streetscape projects.

Stakeholder Engagement Report (6 weeks):
• Interviews and engagement with local stakeholders, including businesses, residents, and government agencies.
• Particular emphasis on overpass exits to Ukiah from Highway 101, considering their importance in route planning.

Traffic Analysis Report (8 weeks):
• Analysis of truck traffic volumes, types, and patterns. • Identification of congestion points and areas of concern, especially in specified overpass exits.
• Proposal of a safer and more efficient alternative.

Safety Assessment Report (6 weeks):
• Assessment of road safety on existing routes.
• Identification of potential hazards and proposals for safety improvements.

Cost-Benefit Analysis Report (8 weeks):
• Conduct a cost-benefit analysis of proposed alternative routes. • Consideration of recently completed downtown street projects. • Focus on achieving the most effective and economical solution.

Route Optimization Recommendations (8 weeks):
• Development of recommendations for optimizing truck routes. • Emphasis on ensuring safety and efficiency.
• Provide the best route options and alternatives to bypass the downtown area.

Community Outreach Report (6 weeks):
• Presentation of findings and recommendations to the local community. • Focus on stakeholders in the downtown area and those impacted by proposed truck route changes.
• Engagement with businesses near each exit to Ukiah from Highway 101, collecting feedback for incorporation into the final report.

Comprehensive Deliverables (4 weeks):
• Provide comprehensive documentation demonstrating the findings. • Include detailed maps and visual aids for clarity.
• Present the best route options and alternatives, along with associated benefits.

The timeline for each task is flexible and subject to adjustments based on project requirements,

City of Ukiah Page 4
Request for Proposal – Truck Route Study
resource availability, and constraints. Regular progress reviews will be conducted to adapt the timeline as needed.

5.0 REQUIRED PROPOSAL CONTENT
Firms interested in providing the services described in the section above must submit a proposal responding to all the questions below and providing all information requested in a format that mirrors the RFP by section and order listed. Proposals shall include at a minimum:

A. Cover Letter
The cover letter should contain the name, address, and brief history of the firm. The cover letter must be signed by an official authorized to bind the successful firm contractually and shall contain a statement to the effect that the proposal is a firm offer for a minimum period of sixty (60) days after the submittal date. The letter shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate a contract and bind the consultant to the terms of the contract.

B. Project Understanding and Proposed Approach
Describe your firm’s understanding of the project and how your firm intends to structure the project approach.

C. Project Team
Identify the key personnel to be assigned to this project, including the qualifications and experience as related to the project. Resumes for each of the key personnel are to be provided. Identify any sub-consultants/subcontractors that will be used, including their qualifications and experience, as well as the work they will accomplish. Staff proposed to be in charge of the project must demonstrate significant experience supervising similar work. Describe the proposed organizational structure between consultant and sub-consultants/subcontractors, including current and previous work assignments.

D. Experience and References
Provide descriptions of related project experience for at least three similar projects on which the firm has performed work over the past ten years. For the sub-consultants/subcontractors that will be used for more than 10% of the project budget, provide the same detail. Each project description shall be limited to a maximum of 4 pages, including project images and must provide client references and client contact information.

E. Fee Proposal
Provide a proposal based on an hourly rate schedule with a “not to exceed” maximum cost for the work identified in the Scope of Services. Provide a tabulation of the project staff and number of work hours for each task. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost. Additionally, please identify miscellaneous costs associated with this proposal.

Submit a copy of your firm’s current itemized hourly rate fee schedule.

F. Proposed Project Schedule
Provide a proposed schedule of completion for each task and list of task deliverables.

G. Exceptions
Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City’s insurance requirements and/or the City’s draft professional services agreement as shown in the attachments, the Consultant should list the exceptions in the proposal.

City of Ukiah Page 5
Request for Proposal – Truck Route Study

6.0 PROPOSAL EVALUATION
The following evaluation criteria will be used in evaluating and selecting candidates:

A. Technical Approach – Clarity and comprehensiveness of the methodological approach. How well does it meet the objectives of the study? (25 points) B. Experience and Expertise – Qualifications and previous experience of the team in similar projects. Relevance of the team’s skills to the study requirements. (20 points) C. Project Management – Quality of the proposed project management plan. Includes timelines, resource allocation, and risk management. (30 points)
D. Cost – Overall cost effectiveness. Is the budget realistic and justified given the scope of the project? (30 points)
E. Innovation and Creativity – The introduction of new innovative approaches that could enhance the outcomes of the study. (10 points)
The City reserves the right to reject any and all proposals. The City reserves the right to award a contract to the firm that presents the proposal, which in the sole judgment of the City best serves the City’s interest. The City reserves the right to reject any or all proposals, to waive minor irregularities in said proposals, and/or negotiate minor deviations with the successful firm.

7.0 CONTACT PERSON
Please contact Mary Horger if you have questions or require additional information. Questions must be submitted in writing via email. Contact information can be found below.

Mary Horger
Financial Services Manager
City of Ukiah
[email protected]
Communication between a proposing company and a member of the City staff, other than the designated contact person, or between a proposing company and a non-designated City representative regarding the selection of a proposing company or award of this contract is explicitly prohibited from the time the RFP is advertised until the selection of a proposing company or award of the contract. Questions pertaining to this RFP shall be addressed to the party specified above.

Failure of a proposing company, or any of its representatives, to comply with this paragraph will result in their proposal being rejected.

8.0 ADDENDA
If it becomes necessary to revise any part of this Request for Proposal after it has been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the documents. Anyone who intends to submit a proposal in response to this solicitation must check the website frequently for any posted addenda.

Anyone submitting a proposal will be deemed to have seen and agreed to be bound by the posted addenda.

9.0 INSURANCE REQUIREMENTS
Provided as Attachment “A” are the City’s complete insurance requirements. Awarded firm, prior to performing any work, shall procure and maintain for the duration of the contract insurance per the attached requirements.

10.0 CITY BUSINESS LICENSE
Awarded firm will be required to maintain a City business license for the duration of the contract.

City of Ukiah Page 6
Request for Proposal – Truck Route Study
Information regarding the City business license can be found on the City website, at www.cityofukiah.com/businesses.

11.0 PUBLIC RECORDS
All materials submitted in response to this RFP are property of the City and will not be returned. The materials will be a public record subject to the disclosure provisions of the California Public Records Act and any other related public law or provision of such laws.

12.0 FINANCIAL RESPONSIBLITY
The City accepts no financial responsibility for any costs incurred by a firm in responding to this RFP.

Submissions will become the property of the City and may be used by the City in any way deemed appropriate.

INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant(s) 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 Consultant(s), his agents, representatives, or employees.

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

D. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

II. Minimum Limits of Insurance
Consultant 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, as applicable. 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. Workman’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

D. Errors and Omissions liability: $1,000,000 per occurrence. If written on a claims-made basis, insurance coverage must cover claims filed within 3 years after contract work completed.

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 Consultant 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 Consultant 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 Consultant’s insurance, or as a separate owner’s policy.

ATTACHMENT A

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 Consultant’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 Consultant’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.

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
Consultant shall furnish the City with original certificates and amendatory endorsements effecting 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 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.

If you have questions regarding our insurance requirements contact:

Risk Manager
(707) 463-6287 or FAX (707) 463-6204
Revised: 11/20/08

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ATTACHMENT “B”

AGREEMENT FOR

PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of , 2024 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and _________________, a _____________ [sole proprietorship, corporation, partnership, limited partnership, limited liability company, etc.] organized and in good standing under the laws of the state of ______________, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to ________________________________. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment "A".

2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement.

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within ________________ from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES

4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $-------. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include

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all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B.

Consultant shall complete the Scope of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed that amount.

4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement.

4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1.

4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for.

Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed.

5.0 ASSURANCES OF CONSULTANT

5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose.

It is the express intention of the parties hereto that Consultant 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 Consultant 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 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 Consultant and City.

Consultant shall pay all estimated and actual federal and state income and selfemployment 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. Consultant 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 Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit.

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Consultant warrants and represents that it is a properly licensed professional or professional organization 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.

5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination.

6.0 INDEMNIFICATION

6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement.

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

1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No. CG 20 37 10 01.

2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.

3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit 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, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

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3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

4. Errors and Omissions liability: $1,000,000 per occurrence.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as respects 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 Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement.

3. Professional Liability Coverage

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If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from ------ to -------- ----.

4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an 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.

F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted.

All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium.

G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.

6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City.

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“Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors.

7.0 CONTRACT PROVISIONS

7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City.

Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City.

7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County.

7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties.

7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.

7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing.

7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent.

7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.

7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party 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 Consultant.

City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings,

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maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

7.9 Execution of Agreement. 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.

8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows:

CITY OF UKIAH --------------
DEPT. OF_____________ --------------
300 SEMINARY AVENUE --------------
UKIAH, CALIFORNIA 95482-5400

9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:

CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number

CITY OF UKIAH
BY: ____________________
Date

CITY MANAGER
ATTEST
____________________
CITY CLERK Date

Contract 2425-091
Contract 2425- 091 – Truck Route Study
PAGE 1 OF 7

AGREEMENT FOR

PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this 6th day of August, 2024 (“ Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as " City" and TJKM Transportation Consultants, a corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to completing a Truck Route Study. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope- of-Work and Work Schedule attached hereto as Attachment " A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

1.1 The Project is described in detail in the attached Scope- of-Work ( Attachment " A").

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment " A".

2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement.

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope- of-Work upon receipt of a Notice to Proceed from City and shall complete such services within 280 calendar days from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES

4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $44,965. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment A, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment A.

ATTACHMENT 2

Contract 2425-091
Contract 2425- 091 – Truck Route Study
PAGE 2 OF 7
Consultant shall complete the Scope of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed that amount.

4.2 Changes. Should changes in compensation be required because of changes to the Scope- of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. " Changes to the Scope- of-Work" means different activities than those described in Attachment " A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement.

4.3 Sub- contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1.

4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for.

Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed.

5.0 ASSURANCES OF CONSULTANT

5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant ( including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose.

It is the express intention of the parties hereto that Consultant 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 Consultant 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 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 Consultant and City.

Consultant shall pay all estimated and actual federal and state income and selfemployment 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. Consultant 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 Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit.

Contract 2425-091
Contract 2425- 091 – Truck Route Study
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Consultant warrants and represents that it is a properly licensed professional or professional organization 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.

5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’ s determination.

6.0 INDEMNIFICATION

6.1 Insurance Liability. Without limiting Consultant' s obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement.

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

1. Insurance Services Office (" ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No. CG 20 37 10 01.

2. ISO Form No. CA 0001 ( Ed. 1/87) covering Automobile Liability, Code 1 any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.

3. Worker' s Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the consultant’ s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability: $ 1,000,000 combined single limit 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, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

2. Automobile Liability: $ 1,000,000 combined single limit per accident for bodily injury and property damage.

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3. Worker' s Compensation and Employers Liability: Worker' s compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

4. Errors and Omissions liability: $ 1,000,000 per occurrence.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope- of-protection afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant' s insurance coverage shall be primary insurance as respects 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 Consultant' s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
d. The Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

2. Worker' s Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant' s performance of the work, pursuant to this Agreement.

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3. Professional Liability Coverage
If written on a claims- made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final approved invoice for this project.

4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City.

E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an 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.

F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted.

All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium.

G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.

6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City.

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Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors.

7.0 CONTRACT PROVISIONS

7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant' s services at no additional cost to City.

Deliverables are identified in the Scope- of-Work, Attachment " A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City.

7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County.

7.3 Entire Agreement. This Agreement plus its Attachment( s) and executed Amendments set forth the entire understanding between the parties.

7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.

7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing.

7.6 Assignment. Consultant' s services are considered unique and personal. Consultant shall not assign, transfer, or sub- contract its interest or obligation under all or any portion of this Agreement without City's prior written consent.

7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.

7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party 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 Consultant.

City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings,

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maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant' s breach of contract.

7.9 Execution of Agreement. 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.

8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail ( certified or registered) addressed to the parties as follows:

CITY OF UKIAH TJKM TRANSPORTATION CONSULTANTS
DEPT. OF PUBLIC WORKS SANDEEP PAPARAJU, PROJECT MANAGER 300 SEMINARY AVENUE 4305 HACIENDA DRIVE, SUITE 550
UKIAH, CALIFORNIA 95482- 5400 PLEASANTON, CA 94588

9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:

CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
IRS IDN Number

CITY OF UKIAH
BY: ____________________
SAGE SANGIACOMO Date

CITY MANAGER
ATTEST
CITY CLERK Date
94-2239515
08/06/2024
Nayan Amin
Aug 12, 2024
Kristine Lawler ( Aug 13, 2024 07:31 PDT)
Kristine Lawler Aug 13, 2024

Proposal for
Truck Route Study
May 29, 2024

ATTACHMENTA

CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM. com
May 29, 2024
Mary Horger
Financial Services Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Subject: Proposal for Truck Route Study for the City of Ukiah Dear Ms. Horger:

TJKM Transportation Consultants ( TJKM) is pleased submit our Proposal for Truck Route Safety for the City of Ukiah. We are confident that the TJKM Team will meet the City’ s goals and objectives for this project, all while exceeding your expectations within budget and on schedule.

TJKM is a traffic engineering, transportation planning, and traffic operations firm providing services throughout California, Florida, and Texas. Founded in 1974, TJKM currently has a staff of 45 employees. The TJKM Team is spread out amongst seven offices with selected senior staff members that permanently reside in California. Our projects range in size from short- term engagements developing meaningful mobility solutions for a wide range of transportation issues to long- term planning for new developments, communities, and transportation systems. TJKM has been involved in more than 8,000 transportation projects throughout California and averages over 240 new projects each year.

TJKM has been providing Truck Route Studies as stand- alone projects or as part a large overall study for two decades.

TJKM’ s truck route studies have been focused on identifying, analyzing, and evaluating potential strategies that freight impacted communities might implement, in cooperation with the Cities and agencies, to abate truck impacts. Such truck impacts included traffic crashes, traffic congestion, active transportation conflicts, residential and school impacts, and excess wear for local pavements and bridges.

Our Project Team
To meet the specific needs of the City, we are pleased to propose Mr. Sandeep Paparaju as Project Manager. Mr.

Paparaju has 11 years of professional experience in the areas of traffic operations, truck route studies, signal coordination, traffic impact studies, vehicle movement studies, simulation modelling, bridge design, and construction oversight. He is has completed a variety of engineering tasks for many express lane projects, corridor system management plans, highway corridor operation analysis, signal timing, and transportation management plans. He is very familiar with the Caltrans project study phases. He has extensive experience using various transportation engineering software packages, including Synchro, FreQ, VISSIM, TransModeler, HCS, Traffix, Vistro, and Sidra. He has worked on this type of project for the Madera County Transportation Commission and the Cities of Seaside, South San Francisco, and Menlo Park among others.

Mr. Paparaju will be supported by a group of talented and experienced leaders in their fields with significant experience in providing similar services for the development of federal, state, and locally funded transportation- related projects.

As your Principal- In-Charge for this project, I have over 20 years of experience performing studies of truck movements.

Ms. Horger
May 29, 2024

CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com
Statements
The proposal will be valid for 60 days after date of submittal.

Contact & Commitment
As President of the firm, I am authorized to bind TJKM to a contract and you have my personal assurance that all the resources necessary to address your needs will be made available and ready to perform when the opportunity arises.

During the proposal process, please feel free to contact Sandeep Paparaju at ( 925) 201- 1007 or via email at spaparaju@tjkm. com. Mailed correspondence can be sent to 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588.

We look forward to hearing from you for further steps in the consultant selection process. Thank you for considering TJKM for this project.

Sincerely,
TJKM Transportation Consultants
Nayan Amin, TE, President
namin@tjkm. com
408) 410-2977

Truck Route Study | i
Table of Contents
Project Understanding and Proposed Approach ..................................................................................................................................1 Project Understanding ......................................................................................................................................................................1 Approach ...........................................................................................................................................................................................2 Project Management Approach ......................................................................................................................................................6 Project Team .............................................................................................................................................................................................................. 7 TJKM Information .........................................................................................................................................................................7 Organization Chart ...............................................................................................................................................................................10 Resumes ........................................................................................................................................................................................................... 12 Subconsultants ......................................................................................................................................................................................12 Qualifications and Experience ................................................................................................................................................................. 12 Experience and References ............................................................................................................................................................................... 22 Fee Proposal .................................................................................................................................................................................................27 Proposed Project Schedule ............................................................................................................................................................................28 Exceptions ........................................................................................................................................................................................................29

PROJECT UNDERSTANDING &

PROPOSED APPROACH
City of Ukiah Proposal forTruck Route Study

Truck Route Study | 1
TJKM Transportation Consultants ( TJKM) is pleased submit our Proposal for the Truck Route Study to the City of Ukiah.

PROJECT UNDERSTANDING AND PROPOSED APPROACH
Project Understanding
The City of Ukiah seeks to prepare a Truck Route Study aimed at optimizing transit corridors within the City. Through the Study, the City envisions to define optimal truck routes aligning with the City’ s commitment to multimodal transportation and enhance safety for all modes of travelers. Under this Study, TJKM will identify specific routes, aiming to integrate them into popular navigation Global Positioning System ( GPS) services like Google and Apple. This Study aims to align multimodal design principles with the practical needs of large trucks using Ukiah as a bypass. The goal of the project is to prepare a comprehensive Study delineating the most efficient and City Council supported truck routes through Ukiah.

Large trucks often utlize the City streets as a bypass
due to height restrictions on Caltrans freeway
overpasses. TJKM will use the available classification
counts on the identified truck route corridors in the
City and will supplement that data with new counts
at strategic locations. We also anticipate needing to
conduct limited license plate origin- destination
studies to document through truck movements.

TJKM will also map all commercial, transportation,
and industrial uses within the City’ s sphere of
influence. This research is directed to defining the
demand for local and through truck movements in
the City.

To develop the minimum mileage of truck routes maintained by the City of Ukiah, it will require a careful review of the land uses that generate significant truck movements, as well as the adequacy of the streets used as access roads for those land uses. TJKM will make the assumption that through truck movements are not desired nor required on city streets, but this assumption, too, will need to be examined and anticipated in the meetings with freight businesses and the public.

TJKM will also evaluate the adequacy of the streets used by trucks in the City with respect to cross sections, pavement conditions, intersection geometry, driveway access, abutting land uses ( existing and planned), locations of schools, and other generators of high pedestrian activity and collision rates. This portion of the Study will define the adequacy of the streets used for truck movements.

TJKM will then review the information and analyses of the gathering portion of the study with respect to City policy both existing and proposed), and will define those streets where truck movements will not result in significant negative impacts. TJKM will also review other routes needed by trucks where there are significant impacts that represent the most difficult problem. It may be necessary to establish prohibitions on trucks on certain portions of the arterial network to minimize the impacts of truck movements; in these instances, a reasonable alternative route will be defined, also considering enforcement of the restrictions.

During the technical analysis, it is desirable that we meet with representatives of the freight industry to ensure that we understand the full range of their needs. We will also need to meet with the public during this stage of the Study.

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Once the technical, freight industry, and public inputs are in hand, we will then develop the potential truck
routes and regulations for further review. The draft
recommendations will be forwarded in an
Administrative Draft Truck Route Study for City staff
review. Once City staff has commented, TJKM will
develop the recommendations in a Draft Truck Route
Study to be presented at a Planning Commission
hearing. After the Planning Commission hearing,
TJKM will address all comments and make the
necessary revisions for submission of a Final Truck
Route Study to the City Council.

TJKM will pinpoint specific and most efficient truck
routes within the City that are supported by a City Council resolution and will also engage with navigation GPS services like Google and Apple to incorporate these truck routes to ensure smooth flow of goods and services. The City may consider to enact policies with regard to truck travel as a result of the conclusion and recommendations of the Study.

Approach
Below we have included our Approach to yourproject.

Task 1: Project Management
Task 1.1: Project Kick-Off Meeting
TJKM will develop agenda and materials for a kick- Off Meeting with City staff. The purpose of the meeting will be to:

Fine- tune project goals and objectives
Discuss and confirm critical data/ issues that may influence the project Prepare a work plan, including approach to be reviewed by stakeholders Administrative items will be discussed such as communication protocol, meeting frequency, monthly progress reporting, scheduling, invoicing, and other relevant project information. TJKM will prepare meeting materials including agenda, sign- in sheets, presentations, related materials, and summarize meeting notes and action items.

Task 1.2: Project Team Meetings
TJKM will coordinate monthly Project Manager status meetings with City staff and any other identified Stakeholders to ensure regular and consistent communication on upcoming tasks, identifying potential risks and challenges to success. Participation in the monthly meetings is anticipated to include, at minimum, the City Project Manager and TJKM’ s Project Manager, Mr. Sandeep Paparaju. These meetings will provide the City assurance that the project remains on schedule and within budget and that expectations are clearly defined and met. TJKM will develop the agenda and prepare a summary of monthly meeting notes. The meeting notes will include a defined list of decisions, actions, and responsible party.

Deliverables
Meeting agenda and minutes
Monthly Project Management status meeting and meeting notes, invoices, and progress reports Project Schedule

Truck Route Study | 3
Task 2: Data Collection
TJKM will obtain available traffic information, circulation element policies and maps, and aerial photos from the City.

Also, TJKM will request pavement management data from the engineering office, needed zoning maps of the study area, and request the Regional Travel Demand Model from the City to assist our team in projecting future traffic demands. TJKM will review in detail the recently completed downtown road diet and streetscape projects.

TJKM will also conduct necessary classification counts at up to five locations for at least 48 hours along existing designated routes ( data will be collected for both the a.m. and p.m. peak periods on weekdays). On the basis of the classification counts, TJKM will develop and conduct a license plate origin- destination study of trucks for up to four key routes where trucks may be bypassing highway or using City streets as shortcuts due to height restrictions on freeway overpasses. All the existing data will be mapped in a GIS database and map format to facilitate retrieval and analysis.

TJKM will also conduct field reviews of proposed truck routes and preferred local truck routes in the City, including the review of cross section (using aerial photos), pavement management data, intersection geometry, signal phasing, and accident data (SWITRS). Abutting land uses will be noted along each side and section of each route.

TJKM will analyze the data and information in terms of truck traffic in sensitive areas, accident rates involving trucks, deficiencies in City street geometry and cross section to accommodate truck traffic, and other factors. To the extent that trucks lead to additional operating problems, this will be fully documented in the Technical Memorandum.

All collected data and analysis will be documented in a Technical Memorandum to provide information regarding how many trucks are moving through the study area each day on average, and which routes trucks are using to enter and exit the study area.

Deliverables:

GIS project map with traffic, field review, zoning
and circulation element data and photos, and
identified truck generators, and forecasts ( as
available)
Surveys of truck movements, volumes, and
origin- destinations
Travel time studies of regional and City study
routes used by trucks ( seven)
Technical Memorandum: Base Traffic and Land
Use Data Related to Truck Routes
Task 3: Stakeholder Engagement Report
The goal of the City of Ukiah Truck Routes Study is to develop policy, regulatory and infrastructure recommendations related to City’s existing transit system. To accomplish this goal, the TJKM Team will engage with key Stakeholders including business, residents, and government agencies to identify best practices and challenges faced by the City and to understand the effects and impacts of developing the proposed new truck routes on residents and businesses. The overall purpose of this engagement will be to create a dialogue inclusive of different perspectives and insights to help inform decision making throughout the Study process. During the Stakeholder engagement meetings, particular emphasis will be given on the overpass exits to Ukiah from Highway 101, considering their importance in route planning.

Truck Route Study | 4
The Study outreach process will include following components and elements at a minimum:

Freight Forums
Public Meetings
Study Website
Truck Industry Survey
Email Messaging
Study Newsletter
Municipal Survey
Collateral Materials
Deliverables:

Draft and Final Stakeholder Engagement Report
Task 4: Traffic Analysis Report
Under this task, TJKM will evaluate the existing conditions of the identified potential truck routes based on the Stakeholder meetings. Typically, a truck route will utilize roads designed to accommodate a large number of vehicles, through predominantly commercial and industrial corridors, and with stop/ signal control at intersections with other major routes. The analysis will be subject to mobility, efficiency, safety, pavement conditions, community impacts, economic activity, and best practices and strategies. TJKM will identify the congestion points and areas of concern, especially in specified overpass exits. TJKM will ensure that the identified truck routes do not pass through residential areas and other areas with high concentration of pedestrians.

Deliverables:

Draft and Final Traffic Analysis Report
Task 5: Safety Assessment Report
TJKM will conduct collision analysis along the
existing truck routes in the City of Ukiah. TJKM will
use SWITRS database to identify crashes involving
trucks within the study area. All truck crashes that
involved more one or more trucks will be analyzed
within the study area, but the focus will be mainly in
the overpass exits to Ukiah from Highway 101. TJKM
will summarize the collision data based on severity
type and pavement condition. TJKM will identify
potential hazards and proposals for safety improvements.

Deliverables:

Draft and Final Safety Assessment Report
Task 6: Cost-Benefit Analysis Report
TJKM will conduct a Cost- Benefit Analysis of proposed alternative truck routes in the City of Ukiah. TJKM will review and consider the recommendations from the recently completed downtown street projects. Additional focus will be given on achieving the most effective and economical solution. In the estimates, TJKM will include additional operating costs for truck trips due to changes in the provisions of the proposed Study. Operating costs will be calculated for additional mileage and travel time over the “ do nothing” alternative. Likewise, TJKM will document the added costs of truck travel within the city based on having no truck restrictions. Such costs will include additional pavement and maintenance costs, and additional accidents. Other considerations that are less tangible such as quality of life impacts will also be documented in the planning document.

Deliverables:

Draft and Final Cost- Benefit Analysis Report

Truck Route Study | 5
Task 7: Route Optimization Recommendations
TJKM will use the information from the above tasks to formulate a truck route policy that minimizes the mileage of city streets designated as truck routes. Truck routes will be designated only for routes serving land uses generating significant truck volumes. The assumption we have is that no routes for through truck trips will be provided in the downtown area.

TJKM staff have developed truck routes in other cities that also had similar provisions. For San Leandro, for example, we asisted with the fact the city has both a local truck and through Truck Route Study. The reason for through trucks in that city is that several of the city streets are state highways where trucks are permitted through state law and policy.

Enforcement of the local routes is done through service request. Trucks are stopped by police and the shipping manifests are examined. If the trucker cannot show that he or she is delivering or picking up freight from a city location, they are cited according to the city code. Similar provisions will be developed in the City of Ukiah policy to the extent they are applicable.

TJKM will evaluate and recommend routes that do not impact sensitive uses, avoid city streets and intersections where trucks will place an undue burden on the community in terms of capacity and safety, and where better, more direct routes between the state highway system and truck- related uses in the City exist.

Deliverables:

Draft and Final Route Optimization Recommendation Report Task 8: Community Outreach Report
TJKM will prepare a presentation which identifies the
findings and recommendations to be presented to the
local stakeholders, including businesses, residents. In the presentation TJKM will focus on stakeholders in
the downtown areas and the other business areas who
will be impacted by proposed truck route changes.

TJKM will engage with businesses near each exit to
Ukiah from Highway 101, collecting feedback for
incorporation into the Final Study.

Deliverables:

Draft and Final Community Outreach Report
Task 9: Comprehensive Deliverables
The Truck Route Study, including both a map and policy, will be presented as a Administrative Draft Truck Route Study for City staff review. After City review, TJKM will revise the Administrative Draft Truck Route Study in accord with staff comments. The revised Draft Truck Route Study and Policies will be provded to the Planning Commission for their review. TJKM will take the Planning Commission comments and revise the Truck Route Study and policy as necessary for presentation to the City Council. TJKM will use the Planning Commission and City Council review of the Draft Truck Study and policy to formulate a Final Proposed Truck Route Study and Policy for Planning Commission and City Council adoption. The resulting Truck Route Study and policy will be a city ordinance and will become a part of the City Code.

Deliverables:

Draft and Final Truck Route Plan and Policy

Truck Route Study | 6
Project Management Approach
The TJKM Project Management Plan that will be used on these projects is based on proven management, lessons learned and administrative systems developed to enhance communication among the City of Ukiah, the TJKM Project Manager and team members, and other affected agencies. This management approach has been used successfully on numerous projects throughout California. The TJKM Project Management Plan has the following elements:

Work Plan - We will prepare a Work Plan upon receipt of a Notice- toProceed with detailed work elements including definition of the project, objectives, scope of services, staffing, budget, coordination, schedule, deliverables, and monitoring/ reporting procedures.

Coordination/ Communication - The key to our success is an integrated team approach. Our goal is "no surprises”. We will maintain close and regular communication with your Project Manager in personal or via telephones scheduled conference calls, emails, or meetings. Our firm strongly believes in the necessity and benefits of management with scheduled monthly progress meetings to discuss issues, deliverables, status, products, invoicing items, problems encountered that may affect schedule and budget. This will ensure clear communication and that our " no surprises" goal is maintained.

Cost Control - Control of costs will be accomplished by monitoring on a task level basis. This detailed task level will roll up into milestone and project summary. Our accounting system is a " live" database that the manager can access to determine the financial status at any time. Cost control reporting will be implemented through the invoicing process with progress reports to relay information on progress and critical issues.

Schedule Control - Establishing a schedule that meets the project objectives is relatively easy, maintaining it during changing project priorities and unforeseen conditions is a challenge.

Frequent and effective communication your agency is needed to maintain the schedule and ensure a quality product. The scope will be broken down by function and separated into tasks that will be linked logically and sufficiently detailed to allow for realistic delivery of the project. Progress will be monitored by percent complete for each task.

Quality Assurance/ Quality Control Procedures – TJKM’ s Quality Assurance Procedures are utilized throughout the life of the Project. Quality Control starts at the proposal and scope definition stage and continues through the completion of all assignments. To assure that errors, omissions and ambiguities in submittals and drawings are limited to an absolute minimum, the responsibilities for technical review, peer review/ coordination checking, and technical audit functions are assigned to the appropriate TJKM Team members.

TJKM’ s approach integrates the work of our subconsultants into the quality control system through the use of established procedures and our peer review/ independent checking capability augmented with technical audits.

PROJECT TEAM
City of Ukiah Proposal forTruck Route Study

Truck Route Study | 7

PROJECT TEAM
TJKM Information
TJKM Transportation Consultants ( TJKM) is a traffic engineering, transportation planning, and traffic operations firm that provides professional services locally in California, Texas, and Florida. The TJKM Team is spread out amongst seven offices with selected senior staff members that permanently reside in California. For 50 years, more than 3,500 satisfied clients in more than 380 jurisdictions have entrusted TJKM with their critical work.

We serve a full-range of clients, including municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, private developers, other consulting firms, and attorneys. TJKM has been involved in more than 8,000 transportation projects throughout California and averages about 240 new projects each year. TJKM’ s primary service categories include traffic engineering design ( including Plans, Specfications, and Estaimtes), traffic operations, transportation planning, corridor studies, Intelligent Transportation Systems ( ITS), traffic safety, and multimodal studies. Our motivation comes from satisfying clients’ objectives and improving communities.

TJKM has a strong roster of both public and private sector clients and continually builds upon this base.

Our engineers have worked on the public side of the desk for years as municipal engineers, developing superior skills in collaborating with the public and city councils and, more importantly, crafting excellent relationships with the right people. Our project managers, engineers, and planners have “ hands on” experience and understand the latest requirements, technologies, trends, and standards. Our experience with local agency processes keeps projects moving faster; and know- how from thousands of engagements helps us complete projects on time and within budget.

Our motivation comes from satisfying Clients’ objectives and improving communities. Our goal is to provide the most cost- effective implementable solutions that meet the unique needs of each client while keeping within budget and on schedule. We are professionals with a passion for safe and sustainable transportation - fully committed to highest client satisfaction.

EXPERTISE
Data Collection
TJKM’ s services include data collection utilized to augment available databases. Many of our engineers and technicians collect field data, including turning movement and volume counts and reduce the information in a manner necessary.

Prior to initiating field data collection, TJKM will review each potential inventory items with your agency to ensure there is complete agreement on each component of the inventory.

By observing traffic conditions personally, we can then determine the most effective strategies that will actually work to improve operations rather than what may sound
good on paper. The data collected is then input into a
program, such as TRAFFIX, Synchro, or SimTraffic to develop traffic count databases and traffic speed profiles using GPS technology.

Truck Route Study | 8
We analyze the data to determine if the amount of traffic data within the study area is acceptable to your agency’ s standards. TJKM has years of experience in crafting and implementing neighborhood and circulation plan studies that take into account existing traffic count data in order to develop various short- term and long-term strategies to improve traffic impacts on existing traffic circulation and other multimodal uses.

Stakeholder Engagement
TJKM has a combined total experience of about 70 years in the area of stakeholder engagement, including involvement in many meetings and hearings involving substantial areas of conflict among the participants. On any given week, it is common for many of TJKM’ s staff to attend, present, and answer project questions at city council or planning
commission meetings or at transportation committee
meetings related to our specific projects. We are comfortable in this setting and skilled in presenting technical content clearly and concisely for a non-technical audience. TJKM regularly works with stakeholders committees and groups.

We have successfully conducted virtually and in person
Community and Stakeholder Engagement meetings on the Safety Projects we have successfully delivered.

We value a diversity of views by promoting public engagement and feedback. TJKM specializes in a variety of community outreach methods and strategies to assist our plans and clients, including public workshops, focus groups, hosting walking/ biking tours, development of project websites for announcements and to elicit feedback, consent building, pop-up events and tactical urbanism, and intercept and online surveys. Our team utilizes unique insights from our experience to proactively identify and address potential concerns.

Traffic Analysis
TJKM has conducted corridor studies for significant
transportation projects along major arterials, state highways, and freeways. Such studies analyze conditions for vehicular traffic as well as bicycle and pedestrian facilities and transit operations. These studies seek to identify the mix of
transportation improvements that would be most effective in moving people and goods in specific travel corridors, and balancing those improvements with available funding and neighborhood and community concerns. When planning or
integrating multiple modes of transportation within a traffic corridor shared by multiple modes of travel, it is important to know about the issues and concerns. TJKM has performed numerous corridor studies that provided a balanced and comprehensive view of the project. We analyzed existing conditions and identified deficiencies, opportunities, and constraints. As part of the analysis, we forecast population, traffic, and land use changes to project future corridor use by different modes of transportation. We have assessed traffic management under existing, near- term, and long-term future conditions and evaluated all the feasible or proposed alternatives as well as provided recommendations.

Truck Route Study | 9
Our expertise includes developing Corridor System Management Plans that outline the multi- jurisdictional management of a corridor experiencing delay due to congestion, with emphasis on operations and getting the most of our existing infrastructure. We are highly skilled at analyzing existing and future traffic conditions and assessments of performance measures within the corridor.

We develop innovative and feasible solutions regarding operational improvements, ITS strategies, and system expansion projects to preserve or improve performance measures within the corridor.

Traffic Safety Analysis
The key to successful starting and completing a traffic safety analysis is a clear and specific understanding of agency priorities, goals, and expectations for the process. The first issue that needs to be clearly and concisely resolved is the availability of high- quality crash, traffic, roadway, and environmental data. While crash data and traffic count data is often readily available, your agency can also benefit from detailed inventories of changes to the roadway infrastructure that have occurred over the analysis years, and databases and maps of terrain features and the location of signage, safety equipment, and traffic control. The more data that is available, the higher the resulting detail in crash type and risk factor analysis will be. Field data collection is then utilized to augment available databases. TJKM’ s approach to safety analysis is based on the following general work flow:

Identify crash types associated with severe and fatal injuries based on system- wide collision data Identify risk factors associated with severe crash types that can be used to identify and prioritize other high-risk locations, regardless of location crash history
Identify low- cost countermeasures from the Caltrans Roadway Safety, that can be implemented at a large number of locations where risk factors are present throughout the City transportation system in order to maximize the safety investment return
Identify, map, and prioritize locations across the roadway network for implementation through Highway Safety Improvement Program ( HSIP) and other available funding mechanisms. TJKM regularly assists jurisdictions with successful HSIP applications.

Cost-Benefit Analysis
TJKM have evaluated benefit cost analysis for truck route studies based recommended or proposed truck routes. Our analysis if focused on achieving the most effective and economical solution where recommended routes are not expected impact sensitive uses and city streets where trucks will place an undue burden on the community in terms of safety and capacity. TJKM has prepared plan estimates for truck route studies by illustrating operating costs for truck trips due to changes in the proposed route. Operating costs were calculated for additional mileage and travel time over the “do nothing” scenario.

Truck Route Study | 10
Route Optimization
TJKM has completed many corridor studies and truck rerouting studies and provided valuable information and assessment on current conditions of trucking and freight related infrastructure. TJKM has identified specific issues and provided recommendations based on the agencies short and long term infrastructure needs, policy considerations, and equity goals.

Community Outreach
TJKM specializes in a variety of community outreach
methods and strategies to assist our plans and clients, including public workshops, focus groups, hosting
walking/ biking tours, development of project websites for announcements and to elicit feedback, and intercept and online surveys. Our team will utilize unique insights from our past experience to proactively identify and address potential concerns. Building on those prior lessons learned, we will work closely with stakeholders to develop alternatives that meet safety and mobility goals while also supporting a
community- building approach.

Comprehensive Deliverables
TJKM has prepared documents for variety of traffic engineering and transportation planning project which have demonstrated the findings including detailed maps and visual aids for clarity.

Organization Chart
Our proposed Team specializes in providing traffic engineering services to public agencies and regularly acts as an extension of staff to handle both their day- to-day and long-term needs. TJKM’ s Team has skills and the depth of resources that have been demonstrated in numerous contracts for repeat clients. TJKM offer a streamlined organization with clear lines of authority that identifies key points of contact and responsibilities. The proposed organization is a fully integrated team under the direction of Mr. Sandeep Paparaju, Project Manager. Work performed will be under his direct supervision/ direction and he will be responsible for overall coordination, maintaining the effectiveness and efficiency of the work, cost and schedule reporting, and ensuring the City’ s satisfaction. He will be available to the City on short notice.

Truck Route Study | 11
The proposed organization shown below provides a structure that allows work to be distributed into manageable tasks and subtasks with clear lines of responsibility for each assignment.

Truck Route Study | 12
Resumes
Resumes for Key Personnel are provided on the following pages.

Subconsultants
TJKM does not anticipate the use of subconsultants. However, if additional expertise is needed for a specific assignment, we will draw upon our trusted relationships with firms specializing in required areas. We will consult with the City of Ukiaha and obtain approval prior to the use of subconsultant services.

Qualifications and Experience
Each proposed TJKM Team member is highly qualified to successfully complete all tasks required by the City. All the staff for this project are listed below with details of their relevant and recent experience and expertise.

Name, Role,
Years of Experience
Registration
Number Specialized Expertise Qualifications & Experience Nayan Amin, TE
Principal- In-Charge &
QA/ QC
34 Years of Experience
CA TE 2290 Traffic Operations
Transportation Planning
Safety Studies
ITS Planning & Design
Truck Route Studies
Complete Streets
Traffic Engineering
Multimodal Studies
Public Outreach
Truck Restriction Plan Development, South San
Francisco
ConnectMenlo General Plan & Facebook
Campus Planning, Menlo Park
Seaside 2040 General Plan & Environmental
Impact Report, Seaside
State Route 233 Chowchilla Multimodal
Corridor Plan, Madera County
Citywide Truck Route Study, Citrus Heights
Sandeep Paparaju
Project Manager & Task
Lead
11 Years of Experience
N/ A Truck Route Studies
Traffic Impact Studies
Safety Projects
Transportation Planning
Transportation Design
Traffic Operations
Roadway Safety
On-Call Projects
Traffic Engineering
Truck Restriction Plan Development, South San
Francisco
ConnectMenlo General Plan & Facebook
Campus Planning, Menlo Park
Traffic Impact Study for the Proposed Capital
Toyota Dealership Expansion, San Jose
AIM Parking & Traffic Circulation Study
I-205/ Mountain House Parkway Project Study
Report, San Joaquin County
Andrew Dickinson
Task Lead
8 Years of Experience
N/ A Cost Analysis
Truck Route Studies
Traffic Handling
Signage Plans
Traffic Signal Design
Corridor Studies/ Complete
Streets
Multimodal Analysis
Pavement Delineation
State Route 233 Chowchilla Multimodal
Corridor Plan, Madera County
Oyster Point Boulevard & E. Grand Avenue
Corridor Improvements, South San Francisco
Middlefield Road Plans, Specifications, &
Estimates, Palo Alto
Eureka North-South Multimodal Corridor
Study, Eureka
Charleston- Arastradero Corridor, Palo Alto
Steven Dauterman,
PE, TE, PTOE, RSP1
Task Lead
6 Years of Experience
CA PE 95938
CA TE 3088
PTOE 5306
RSP1 478
Traffic Impact Studies
Transportation Planning
Traffic Operations
General/ Specific Plans
Roadway Safety
Geometric Design
BayWalk Traffic Impact Study, Pittsburg
Cedar Boulevard Townhomes Traffic Impact
Study, Newark
Mossdale West Traffic Impact Study, Lathrop
School Congestion Relief Traffic Study, San
Ramon & Contra Costa County

Truck Route Study | 13
Name, Role,
Years of Experience
Registration
Number Specialized Expertise Qualifications & Experience Devyani Padubidri
Support Staff
5 Years of Experience
N/ A Transportation Planning
Travel Demand Management
Congestion Management
Community Outreach
Safety Projects
Campus Planning
Architectural Design
Southeast Houston Mobility Plan, Houston
Denton Mobility Plan, Denton
Moffett Park Specific Plan, Sunnyvale
Martin Avenue & Walsh Avenue Corridor Bike
Planning Project, Santa Clara
Northern Gateway Spaces, Prince George’ s
County
Aayush Kalantri
Support Staff
1 Year of Experience
N/A Traffic Engineering
Traffic Operations
Traffic Impact Studies
Data Collection
Hembree Lane Traffic Impact Study, Windsor
Shiloh Road Resort & Casino Traffic Impact
Study, Sonoma County
Dwelley Mori Annexation Traffic Impact Study,
Brentwood

1B
34 Nayan Amin, TE

PRESIDENT
Project Role: Principal-In-Charge & QA/ QC

TJK

1B
11 2B
3B
Sandeep Paparaju

SENIOR PROJECT MANAGER
Project Role: Project Manager | Stakeholder Engagement
Task Lead | Route Optimization Recommendations Task
Lead | Community Outreach Report Task Lead |
Comprehensive Deliverables Task Lead

VISION THAT MOVES YOUR COMMUNITY | Sandeep Paparaju
TJK

TJKM |
1B
8 2B
2B
Andrew Dickinson

PROJECT MANAGER
Project Role: Cost Benefit Analysis Task Lead

TJKM | |
TJK

1B
6 2B
Steven Matthew Dauterman,
PE, TE, PTOE, RSP1

SENIOR TRANSPORTATION ENGINEER
Project Role: Data Collection Task Lead | Traffic Analysis Task Lead | Safety Assessment Task Lead

letTJK

EXPERIENCE & REFERENCES
City of Ukiah Proposal forTruck Route Study

Truck Route Study | 22

EXPERIENCE AND REFERENCES
Below is a range of similar projects we have performed work on that show our general qualifications as it relates to the proposed work.

TRUCK RESTRICTION PLAN DEVELOPMENT, SOUTH SAN FRANCISCO, CA Reference: Sam Bautista | City of South San Francisco | 315 Maple Avenue, South San Francisco, CA 94080 | 650) 829- 6668 | sam.bautista@ssf. net
TJKM analyzed trucks usage of city streets and suggested specific roads to limit truck use and banned unnecessary truck use of other streets in order to reduce noise and air pollution and increase safety for pedestrians, especially school children.

The City sought to control truck movements only to those corridors necessary to serve freight-related needs of the City as opposed to serving as bypass routes for the
congested regional and state highways and freeways.

Preliminary recommendations included that all nonessential trucks weighing over three tons be restricted to three specific routes, and designate four corridors as truck routes for safe and easy access to various truck
destinations.

TJKM also recommended future actions including further
study of truck- related accidents, intersection geometry related to accident rates and included actions in the City’ s capital improvement program.

Truck Route Study | 23
SEASIDE 2040 GENERAL PLAN & MOBILITY ELEMENT PLAN, SEASIDE, CA Reference: Kurt Overmeyer | City of Seaside | 440 Harcourt Avenue, Seaside, CA 93955 | ( 831) 899- 6884 | kovermeyer@ci. seaside. ca.us
TJKM was responsible for a comprehensive update to
Seaside’ s Circulation Element incorporating complete
streets components, multimodal performance metrics,
revisions to citywide bikeway network, identification of pedestrian priority focus areas, and related land use and mobility projects. In addition to updating the Circulation Element, TJKM’ s tasks included travel demand modeling
and preparation of the General Plan environmental
impact report transportation analysis.

The Circulation Element update included a greater
emphasis on multimodal transportation, including
bicycle, motor vehicle, pedestrian, and transit circulation.

Key components included recommended changes to
street standards, and updated goals and policies for
vehicles, transit, bicycle and pedestrian facilities, and freight. Key issues incorporated into the planning effort included:

Complete streets goals, policies, performance
measures, and improvements ( including potential
changes to the City’s functional street classifications to account for non-motorized travel)
Revisions to the City’s bikeway network map
Provision of a pedestrian network map
Performance measures for assessing the transportation impacts of future development, consistent with Senate Bill (SB) 743

Truck Route Study | 24
TRAFFIC IMPACT STUDY REPORT: CONNECT MENLO GENERAL PLAN UPDATE & FACEBOOK

CAMPUS EXPANSION, MENLO PARK, CA
Reference: Justin Murphy | City of Menlo Park | 701 Laurel Street, Menlo Park, CA 94025 | ( 650) 330-6725 | jicmvurphy@menlopark. org
TJKM developed a focused Menlo Park City Traffic Model (MPM) for the purpose of General Plan Circulation Element Update. The MPM was based on the latest City/ County Association of Governments of San Mateo County ( C/ CAG) Model. The same land use data category, modeling technical assumptions, time of day, and regional origindestination travel patterns as in the current C/ CAG model were maintained in the MPM model to ensure consistency with the regional forecasts. The zonal details in the Menlo Park city area was enhanced by nesting within C/ CAG Model refined Traffic Analysis Zones ( TAZs) to guarantee interoperability between the new TAZ structure and the regional model TAZs. The network details of local streets in the study area was enhanced based on the latest Metropolitan Transportation Commission Travel Model Two network. The MPM model is suitable for forecasting realistic peak hour traffic volumes, travel speed, and travel time on local roadways and intersections due to future congestion within the City boundary plus sphere of influence. The MPM can also produce vehicle miles traveled information for the entire trip length required by SB 743 guidelines because the trip generation, distribution, and mode choice models were done at the regional scale.

Truck Route Study | 25

CITYWIDE TRUCK ROUTE STUDY, CITRUS HEIGHTS, CA
Reference: Stuart Hodgkins | City of Citrus Heights | 6237 Fountain Square Drive, Citrus Heights, CA 95621 | 916) 727- 4770 | shodgkins@citrusheights. net
TJKM conducted a Citywide Truck Route Study in an effort to define the existing movements of trucks within the City of Citrus Heights and develop policies to manage truck movements on City roadways. The primary goals and objectives of this study were to:

Evaluate existing truck routing network utilized in the City of Citrus Heights Identify truck routes to limit the impact of trucks in residential sections of the City Reduce the overall volume of non- local truck traveling through the City The City of Citrus Heights is located at a crossroads of north- south freight travel along Interstate 80 (I-80) that passes through the City and is a major freeway that connects Sacramento to Reno, Nevada. Prior to TJKM’ s study, there were no posted truck routes on any of the major roadways within the City. However, trucks most frequently use Sunrise Boulevard, Greenback Lane, Madison Avenue, Antelope Road, and Auburn Boulevard.

The study was necessitated due to a significant increase in truck traffic on streets within the City’ s limits. Trucks commonly bypassed traffic stopped on the freeways to avoid the weigh scale located on I-80 in response to recurring congestion as well as to accidents. There were also many trucks that used the City streets to bypass the weigh scale located on I-80, even though the trucks start their trips outside the City and end them beyond City limits.

All major corridors within the limits of Citrus Heights were considered for determining the final truck routes and TJKM conducted an extensive analysis of all potential routes for adequacy and to the extent possible, to avoid congestion and reduce accidents created by trucks in key travel corridors.

Truck Route Study | 26
STATE ROUTE 233 MULTIMODAL CORRIDOR PLAN/ CHOWCHILLA TRUCK ROUTE STUDY,

MADERA COUNTY, CA
Reference: Evelyn Espinosa | Madera County Transportation Commission | 2001 Howard Road, Suite 201, Madera, CA 93637 | (559) 675- 0721 x18 | evelyn@maderactc. org
This project was a two-phase Corridor Planning
Study/ Downtown Master Plan of State Route
233/ Robertson Boulevard from State Route 152
to Road 19, with an emphasis on the Downtown
Chowchilla area. The project was funded by the
SB 1 Sustainable Communities Planning Grant
Program. It was undertaken in collaboration
with a parallel SB 1 Sustainable Communities
Planning Grant awarded to the City of
Chowchilla. The scope included a:

Stakeholder coordination
Public participation/ outreach plan
Assessment and evaluation of existing
conditions
Truck route study
Signage study
Downtown core study/ master plan
Presentation/ Report

FEE PROPOSAL
City of Ukiah Proposal forTruck Route Study

Truck Route Study | 27

FEE PROPOSAL
TJKM truly understands the importance of good project management. We use state- of-the-art technology and software to maintain superior quality control, to control costs, and to maximize the efficiency of resource utilization. Our proposed Project Manager, Mr. Paparaju, will utilize a number of project management tools to ensure budget and schedule compliance.

Timeliness and quality are essential to maintaining good business relationships and a solid reputation. TJKM is committed to preparing high quality deliverables for our clients, while maintaining schedule and budget compliance, and to meeting deadlines that will be associated with this contract.

TJKM has provided our fee proposal below.

ODCs Total
Nayan
Amin
Sandeep
Paparaju
Steven
Dauterman
Andrew
Dickinson
Aayush
Kalantri
Devyani
Padubidri
PIC &
QA/ QC
Project
Manager Task Lead Task Lead
265 $ 210 $ 185 $ 200 $ 135 $ 135
1 Project Management, Administration, & Meetings with City of Ukiah 4 12 4 20 $ 4,320 $ 4,320 2 Data Collection ( Four Weeks) 4 2 8 8 22 $ 3,370 $ 5,000 $ 8,370 3 Stakeholder Engagement Report (Six Weeks) 4 8 3 8 10 33 $ 5,725 $ 2,000 $ 7,725 4 Traffic Analysis Report (Eight Weeks) 1 4 6 8 7 26 $ 4,240 $ 4,240 5 Safety Assessment Report (Six Weeks) 1 4 2 8 7 22 $ 3,500 $ 3,500 6 Cost-Benefit Analysis Report (Eight Weeks) 1 4 16 21 $ 4,305 $ 4,305 7 Route Optimization Recommendations ( Eight Weeks) 2 4 2 8 5 21 $ 3,495 $ 3,495 8 Community Outreach Report (Six Weeks) 1 4 2 8 11 26 $ 4,040 $ 4,040 9 Comprehensive Deliverables ( Four Weeks) 2 4 2 4 8 10 30 $ 4,970 $ 4,970 Total 16 48 23 20 56 58 221 $ 37,965 $ 7,000 $ 44,965
Other
Direct
Costs Total Fee
Support Staff
Tasks Labor
Task Description
Total
Hours
Total
Labor
Costs

PROPOSED PROJECT SCHEDULE
City of Ukiah Proposal forTruck Route Study

Truck Route Study | 28

PROPOSED PROJECT SCHEDULE
Our proposed team is an experienced team with specific strengths in each of the areas required to deliver this project on schedule and within budget to the satisfaction of the City of Ukiah. We have developed an individualized approach for each task that, combined with an active project management and team- oriented approach, will ensure the delivery of timely, high- quality services. The personnel listed in our organization chart are available to work on the project for the entire duration of the project and complete this key project on schedule and within budget. TJKM will complete this project in accordance with the schedule shown below.

EXCEPTIONS
City of Ukiah Proposal forTruck Route Study

Truck Route Study | 29

EXCEPTIONS
TJKM has reviewed the City’s scope of services, insurance requirements, and the Draft Professional Services Agreement and is willing to accept the terms and conditions set forth in the agreement.

CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 | www.TJKM. com

Agenda Item No: 8.f.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-485

AGENDA SUMMARY REPORT
SUBJECT: Authorize City Manager to Execute a Memorandum of Understanding (MOU) with Ukiah Unified School District to Operate the After School Education and Safety Program for the 24/25 School Year.

DEPARTMENT: Community Services PREPARED BY: Jake Burgess, Community Services Supervisor PRESENTER: Jake Burgess, Community Services Supervisor
ATTACHMENTS:

1. UUSD-COU School Year 2024-25 Agreement
Summary: The City Council will consider authorizing the City Manager to execute a Memorandum of Understanding between the City of Ukiah and Ukiah Unified School District to partner to operate the After School Education and Safety program for the 24/25 school year.

Background: The global COVID-19 pandemic had a profound impact on school-aged youth in the form of lost instruction and needed support for social and emotional well-being. Federal and state agencies have provided funding to the Ukiah Unified School District (UUSD) to address learning recovery by providing programs to expand instructional learning, after-school programs, and other other activities. UUSD and the City of Ukiah have been working together since 2021 to provide support and access to these vital elements in the form of a partnership to expand the After School Education and Safety Program. The City of Ukiah has been operating Summer Safari Day Camp for over 30 years and has many staff members experienced in providing safe, fun activities in a child care setting. The Recreation Department's experience with recruiting, hiring, training and supervising large numbers of young staff members made them an ideal partner agency to take over the School District's After School Education and Safety (ASES) program. The Recreation team has been contracting with the UUSD to run the program and the parties have agreed to re-negotiate the contract on an annual basis.

Discussion: The After School Education and Safety (ASES) program begins at each school site as soon as school is dismissed for the day and runs until 6:00 p.m. or when the child is picked up. The program provides a bridge between the regular school day and when a child goes home. A regular ASES day consists of homework support, snacks, and both indoor and outdoor activities.

UUSD previously had the capacity to serve approximately 100 children at each of their elementary school sites and there were extensive wait lists for the program. With the partnership with the City, capacity has increased to 200 per school site while providing service to a far greater portion of the youth and families who are in need of access to this program. Staffing support is planned at Frank Zeek, Yokayo, Nokomis, Calpella, and Oak Manor Elementary Schools.

The City will be reimbursed for this staffing support at a rate of $12,000 per site per week, or a daily rate of $2,400 for partial weeks, which is sufficient to adequately offset the City's costs for staffing, supplies, equipment, and administration.

The ASES program partnership is in addition to regular recreation programming and events scheduled during the school year, including: recreation classes, youth sports, adult sports, PumpkinFest, Ukiah On Ice, Haunted House, and other activities.

The details of this arrangement are laid out in Attachment 1.

Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding between the City of Ukiah and Ukiah Unified School District to operate the After School Education and Safety Program for the 2024/ 2025 school year.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2324 - 093
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):

Goal 2 – Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our organization. Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

1 MEMORANDUM OF UNDERSTANDING

BETWEEN CITY OF UKIAH AND UKIAH UNIFIED SCHOOL DISTRICT

AFTER SCHOOL EDUCATION & SAFETY PROGRAM STAFFING
This Memorandum of Understanding (“MOU” or “Agreement”), is made by and between the Ukiah Unified School District, a public local educational agency (“LEA”), hereinafter referred to as “District,” and the City of Ukiah (“City”), a public entity.

RECITALS:

1. In response to the COVID-19 pandemic’s deleterious effects on school age youth in the form of lost instruction and needed supports for social and emotional well-being, among other needs, federal and state agencies have provided one-time funding to LEAs, including the District, to address learning recovery by providing programs to expand instructional learning, provide after school programs, or conduct other activities in accord with the respective funding rules.

2. The District will receive a grant from the California Department of Education for Expanded Learning Opportunities in accord with Education Code section 45320 et seq.

As a condition of that grant, the District must offer at least nine hours of combined instruction and in-person before or afterschool learning opportunities each school day and for at least 30 non-schooldays during intersession periods. The District must offer these expanded learning programs to all unduplicated pupils and provide services to at least 50 percent of unduplicated pupils in transitional kindergarten, kindergarten, and grades 1-6 in the 2024-2025 school year.

3. The District and City intend to partner to provide Expanded Learning Opportunities to student participants (“Participants”) in the District’s current After School Education & Safety (“ASES”) Program at Calpella Elementary, Frank Zeek Elementary, Nokomis Elementary, Oak Manor Elementary, and Yokayo Elementary (“Elementary Schools”).

AGREEMENT:

1. Description of Program. The ASES Programs at the Elementary Schools begin at the end of each school sites’ school dismissal time and run until 6:00 p.m. Monday through Friday. Start times for the ASES Programs vary by site and by day based on the Elementary Schools’ bell schedules, attached as Exhibit A. The purpose of the Expanded Learning Opportunities Program is to extend teaching and learning beyond the school day and beyond the classroom doors and walls. Students participate in a balance of individual activities, small and large group activities, indoor and outdoor activities, and quiet as well as active play.

2. Description of Partnership. Each District ASES Program used to serve approximately one hundred (100) students. The partnership with the City has allowed the District to serve two hundred (200) students or more at each site, and this will continue during the 2024-2025 school year. In order to effectuate this increase, the City agrees to provide COU No. 2425-0xx
Attachment 1

2 City employees to staff the ASES Programs at the Elementary Schools. Combined ASES and City staff will operate academic and recreational stations during the afterschool programs’ hours. At the District’s request, the City will attempt to add additional staff as necessary to ensure there are no students on waiting lists.

3. Term. The term of this Agreement shall be from August 19, 2024, to June 5, 2025 (180 days of operation).

4. District Obligations/Fees. In exchange for City staffing of ASES Programs at Elementary Schools, the District will pay the City $12,000.00 per week, per site. The weekly amount will be prorated to a daily rate of $2,400.00 per day for any partial weeks.

The maximum amount that could be paid to City under this Agreement is $2,160,000.00.

The District will provide a meal (“supper”) to all Participants.

5. City Obligations. The City will provide staffing in appropriate ratio to the number of Participants during each day’s operation at each Elementary School site to supervise Participants during academic support and/or recreation. District and City staff will work together to determine final staffing needs at each Elementary School site. City staff, while on the campuses of the Elementary Schools, will work with and under the direction of District staff. City staff will be available to work from school dismissal to 6:00 p.m., unless released early by District staff.

6. After School Sports Program (Exhibit B). The City and the District will offer a sports program to the students participating in the ASES Programs at each site, as outlined in Exhibit B. If UUSD can provide transportation, the teams from each school will have the opportunity to compete against each other.

7. Fingerprinting. The District has determined that Education Code section 45125.1(d) applies to City staff working in the ASES Programs under this Agreement. Section 45125.1 requires that employees of entities providing specific schoolsite services to school districts must be fingerprinted by the California Department of Justice for a criminal records check, unless the District determines that the entity and the entity’s employees will have limited contact with pupils. In making this determination, the District considered the totality of the circumstances, including factors such as the length of time the City and the City’s employees will be on school grounds, whether pupils will be in proximity with the site where the City’s employees will be working, and whether the City’s employees will be alone or with others. The District further reserves the right to determine, on a case-by-case basis, to require any entity providing school site services to comply with the requirements of this paragraph. The City expressly acknowledges that: (1) The City and all of the City’s employees working on the school site must submit or have submitted fingerprints in a manner authorized by the Department of Justice, together with the requisite fee as set forth in Education Code section 45125.1; (2) The City shall not permit any employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a serious or violent felony; (3) The City shall certify in writing to the Governing Board of the District that none of its employees who may come in contacts with students have been convicted of a serious or violent felony; and (4) The City shall provide to the Governing Board of the District a list of names of its employees who may come in contact with students. The

3 City is required to fulfill these requirements at its own expense. The City must notify the District within two (2) business days of a subsequent arrest notification from the DOJ of any City employees who were working or had worked at an Elementary School pursuant to this Agreement. If the City receives notice from any entity that a minor employed by the City and working in an ASES Program has been arrested for any reason, the City must notify the District within two (2) business days of receipt of notice. If an employee is disqualified from working at the District pursuant to the requirements of the California Education Code, the City agrees to provide a replacement employee within fifteen (15) days of receiving notification that the previous employee has been disqualified. All City employees working at District Elementary Schools must be fingerprinted by September 1, 2024.

8. Health Guidelines: The City and City employees will follow all relevant orders, requirements and guidelines from the California Department of Public Health (CDPH), the Division of Occupational Safety and Health (Cal/OSHA), and the Mendocino County Public Health Department, if any are issued during the term of this agreement

9. Confidential Records and Data. Each Party shall not disclose confidential records received from the other party, including student records pursuant to FERPA, 20 U.S.C. § 1232g, et seq., and California Education Code § 49060, et seq.

10. Payment. The City will invoice the District for services provided under this Agreement.

The District will pay the invoice within thirty (30) days of receipt of properly submitted invoices.

11. Insurance. The insurance provisions in the Agreement for Joint Use of Facilities between the District and the City, dated October 30, 2014, shall apply to this Agreement.

12. Indemnification. The City shall indemnify, defend with counsel acceptable to District, and hold harmless to the full extent permitted by law, District and its Board of Trustees, officers, agents, employees and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the City’s performance this Agreement or its failure to comply with any of its obligations contained in these contract documents, except such Liability cause by the active negligence, sole negligence or willful misconduct of the District. 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 City or its agents under workers’ compensation acts, disability benefit acts, or other employee benefit acts. The City shall be liable to District for any loss or damage to District property arising from or in connection with the City’s performance hereunder.

13. Termination. Failure to comply with any provision of this Agreement within a period of ten (10) days following receipt of a written notice of noncompliance from either party shall constitute a material breach of the Agreement and furnish grounds for termination of this Agreement.

14. General Provisions.

4 A. Independent Contractor. City shall be acting as an independent contractor in carrying out its duties under this Agreement. Neither party is to be considered an agent or employee of other, nor are employees of one agency entitled to participate in any pension plan, insurance, bonus, or similar benefits the party provides to its employees.

B. Non-Discrimination. Neither the District nor the City, nor their respective employees, shall discriminate on the basis of race, religion, color, ancestry, sex, gender identity, sexual orientation, disability, national origin, or any other prohibited grounds against any person seeking employment or services.

C. Notices. Except as otherwise expressly provided herein, any written notice required by this Agreement shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper firstclass postage prepaid, and addressed as follows:

For District:

Attention: Steve Barekman, Chief Business Official
Ukiah Unified School District
511 S. Orchard Ave
Ukiah, CA 95482
For City:

Attention: Sage Sangiacomo, City Manager
City of Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482.

Any party hereto may give notice of an address change under the provisions of this paragraph and thereafter all notices shall be given to that address.

D. Paragraph Headings. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Agreement.

E. Duplicate Originals. This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Agreement.

F. Applicable Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any action is instituted to enforce or interpret this Agreement, venue shall only be in the appropriate state or federal court having venue over matters arising in Mendocino County, California, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the District.

5 G. Attorneys’ Fees. In any legal action to enforce any of the terms of this Agreement, each party shall bear its own attorney’s fees and costs, and neither party shall be liable for any such fees and costs incurred by the other party.

H. Assignment. This Agreement is made by and between the District and the City, and any attempted assignment by them, their successors, or assigns, shall be void unless approved in writing by the Parties.

I. Amendments. The terms of this Agreement shall not be amended in any manner except by written agreement signed by the Parties.

J. Approval/Ratification by Board of Education. This Agreement shall be subject to approval/ratification by the District’s Board of Education.

This Agreement is effective upon the date that both parties have executed this Agreement.

City of Ukiah Ukiah Unified School District
______________________________ _________________________________ Sage Sangiacomo, City Manager Steve Barekman, Chief Business Official Date: _________________________ Date: _________________________ August 9, 2024 ___

6 EXHIBIT A

7 EXHIBIT B

AFTER SCHOOL SPORTS PROGRAM
The City of Ukiah will run three sports seasons throughout the course of the 2024-2025 school year. Sports programs will be held at Frank Zeek, Grace Hudson, Nokomis, Oak Manor, Yokayo, Eagle Peak and Pomolita students in grades 5 and 6. 5 th Grade Teams: Frank Zeek, Grace Hudson, Nokomis, Oak Manor, Yokayo, Eagle Peak 6 th Grade Teams: Oak Manor, Eagle Peak, Pomolita (2 teams due so school size) We will host three sports this season, Basketball (September-November), Flag Football (December-March), and Soccer (March-May).

Each sports season will consist of one week of try-outs, four weeks of practices (4-5 times per week, 1-1.5 hours per practice), three weeks of games, and a two-week tournament. Games and rules would be modified to allow schools to field a Boys and a Girls team, each with 15-20 participants. Participants would be selected based upon try-out performance, being in good school academic standing, and meeting school behavior requirements. New try-outs will be held for each sport. An additional signed contract between the school, the City of Ukiah, the student, and student’s parents/guardians will be implemented.

Game locations will vary depending on the sport and the season. UUSD will provide transportation for the program. We aim to move no more than 2 schools per afternoon for games unless an agreement is reached between the City of Ukiah and the Ukiah Unified School District Transportation Department. For outdoor field sports, each school should have ample space to host home games. For Basketball, gym space will be utilized at the Alex Rorabaugh Recreation Center in the Beckstoffer Gymnasium (Grace Hudson), Eagle Peak, Pomolita, and Yokayo. The plan is to use these facilities outside of the middle school, high school, rec league, and CYO basketball seasons. Other facilities to be utilized would include the Ukiah High School fields and the City of Ukiah Sports Complex (softball fields).

Program staff will be recruited through our existing sports program staff, consisting of Ukiah High School and Mendocino College current and former athletes. We will also recruit current school-based staff which includes both City of Ukiah and Ukiah Unified Employees (similar to how a science teacher can coach basketball in their spare time).

SPORTS SEASONS
Season 1 – Basketball: September 3, 2024 – November 22, 2024 Season 2 – Flag Football: December 9, 2024 – March 7, 2025 Season 3 – Soccer: March 10, 2025 – May 30, 2025
Staffing
The program will be overseen by the City of Ukiah Sports Coordinator.

8 Head Coach – Each site will have one Head Coach. They will be responsible for coming up with practice and game plans.

Assistant Coach – Each site will have one Assistant Coach. Provide support to Head Coach, acts as secondary coach for scrimmages in practice. Available to fill in as Head Coach.

Gym Supervisor – Only needed during tournaments. Responsible for set-up and breakdown of gyms. Manages two referees.

Referees – two per game. Knowledge of the game they are officiating. In Rec/Youth Sports they act more as an instructor or coach, giving players guidance in addition to enforcing rules of the game.

Program Cost
Cost per sport per season (including staff and supplies): $52,500.00 Total cost (3 sports): $157,500.00
The City of Ukiah will invoice UUSD at the end of each season run for $52,500.00.

ASES SPORTS LEAGUE

STUDENT ATHLETE AGREEMENT
I (students name) understand and agree to the
following terms for the ( Flag Football \ Basketball \ Soccer ) Season:

As a student athlete I am a representative of my school and community. I will uphold school rules and values during the school day, during ASES, and while visiting other schools for games.

As a student athlete I understand my responsibilities as a "student" will always come first. I will remain in good academic standing and will complete homework and classwork as assigned.

As a student athlete I understand that positive behavior during school and during ASES is expected to be able to participate on the team.

I will not receive any discipline referrals or school suspensions.

I will treat all school staff and my peers with kindness and respect.

As a member of this team I understand I have a responsibility to my teammates, my coaches, and myself to attend practices and games. I understand that any day that I am not present during the school day I will not be allowed to practice or play in any games on that day.

I will display good sportsmanship and show respect to my teammates, coaches, and game officials.

As an athlete I understand equipment and facilities make playing sports possible. I promise to respect and take care of all equipment and facilities used.

1. 2.

3. a.
b.

4. 5.

6. Student Signature Parent/Guardian Signature
Classroom Teacher Signature Principal Signature
I understand that failure to follow the terms listed above may result in a removal or suspension from the program. I also understand that my school administration and coaches may implement other sports program rules and requlations.

The City of Ukiah, in partnership with the Ukiah Unified School District, is excited to present a brand new local Elementary School Sports League. The League will be open to students in 5th & 6th grade and attend the ASES program at Eagle Peak, Frank Zeek, Grace Hudson, Nokomis, Oak Manor, Pomolita, or Yokayo.

Sports Seasons:

Basketball (September-November)
Flag Football (December-March)
Soccer (March-May)
League games and practices will take place during ASES Program hours. ASES Program runs daily from the time school gets out until 6PM.

League games and practices will take place during ASES program hours. ASES program runs daily from the time school gets out until 6PM.

Each school will host two teams, a Boys’ team and a Girls’ team. Season schedule will run as follows:
• Opening Week – Students will be given the opportunity to learn the sport and “try out” for the team. Space available will vary depending on the sport.

Sport rules will be modified to allow a maximum number of participants per team.
• Practices – Each team will be given three weeks to practice onsite and prepare for games.
• Games – Three weeks will be spent playing a round-robin schedule in which each school will play all other schools once. On school days with no games, teams will still have the opportunity to practice.
• Tournament – A single-elimination tournament will be held over the course of one week. One Boys’ team and one Girls’ team will be champion per sport.

The City of Ukiah
in partnership with the
Ukiah Unified School District
Coaching Positions Available:

Coaching Positions
Job Description:

OPEN POSITIONS:

Elementary Head Coach: Flag Football, Basketball, Volleyball, & Soccer One position available per school, per sport
Elementary Assistant Coach: Flag Football, Basketball, Volleyball, & Soccer One position available per school, per sport
Salary:

Elementary Head Coach: $24 per hour, PTE
Elementary Assistant Coach: $20 per hour, PTE
Definition:

Under supervision of the City of Ukiah’s Senior Sports Coordinator, the Elementary Head Coach and Elementary Assistant Coach will provide athletic instruction that is relevant and age-appropriate at the assigned school location. These are temporary/seasonal, non-benefitted positions.

Examples of Duties:

Designing and implementing sporting strategies.

Scheduling and running team practice sessions. Maintaining sports equipment.

Ensuring all team members get equal playing time.

Emphasizing skill development including safety, fair play, and sportsmanship.

Setting realistic and age-appropriate expectations for team members.

Ensuring the safety of the team during practice sessions and games. Working closely with school administration to ensure team philosophies align with school philosophies. Working closely with school administration to ensure student athletes remain academically and behaviorally eligible. Qualifications:

Elementary Head Coach must be 21 years of age or older; Elementary Assistant Coach must be 18 years of age or older. Background and strong knowledge of the assigned sport. Ability to pass a DOJ/FBI background check.

First Aid and CPR certified (or ability to certify within first 6 months of employment). Good communication and interpersonal skills.

Agenda Item No: 8.g.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-503

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Ordinance Amending the Ukiah City Code to Address Regulatory Loopholes in the Prohibition of Outdoor Burning.

DEPARTMENT: Fire PREPARED BY: Justin Buckingham, Battalion Chief PRESENTER: Justin Buckingham, Battalion Chief UVFA
ATTACHMENTS:

1. Ordinance Amending Fire Code Redline

2. Ordinance Amending Fire Code Clean
Summary: Council will consider adopting an ordinance amending Sections 5502 and 5503 of the Ukiah City Code to close the regulatory loophole in the City's prohibition of outdoor burning. This amendment to the Ukiah City Code closes a regulatory loophole that currently precludes the Fire Authority and the Ukiah Police Department from citing people who build campfires on property other than their own without the owner's permission. This amendment will address this dangerous practice.

On August 7, 2024, the City Council unanimously approved the introduction of the Ordinance included as Attachment 2. Council will now consider adopting the ordinance.

Background: The Ukiah Valley Fire Authority (UVFA) responds to a disproportionate number of fires related to cooking or recreation within the city limits and the unincorporated areas surrounding the city. While these fires may seem innocuous, they can prove very disastrous. The Highway fire in 2021, which started just north of the softball fields, resulted from an unattended cooking fire. This fire caused the evacuation of the East Hills and burned almost to Redemeyer Road. Outside the city limits, building campfires on property without the owner's permission is prohibited by the Public Resource Code and on large parcels by the Penal Code. This allows the authorities to cite or arrest people who violate this prohibition. The Public Resource Code prohibition does not apply within incorporated cities, and there are few large tracts of land within the city to which the section of the Penal Code applies. The current Ukiah City Code specifically exempts cooking and recreational fires from the ban on outdoor fires within the city limit, regardless of property ownership or permission. This leaves the UVFA disadvantaged within the city in addressing these fires.

Discussion: Council introduced the ordinance at their August 7, 2024, meeting. Staff now recommends adopting the Ordinance (Attachment 1 redlined, Attachment 2 clean) amending Sections 5502 and 5503 of the Ukiah City Code to close the regulatory loophole in the City's prohibition of outdoor burning, so that both the UVFA and the Ukiah Police Department can begin to address the issues created by these fires within the city.

Recommended Action: Adopt ordinance amending Sections 5502 and 5503 of the Ukiah City Code to close the regulatory loophole in the City's prohibition of outdoor burning.

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: Douglas Hutchison, Fire Chief, David Rapport, Esq., City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 10a – Protect from dangerous emission by preventing fires.

GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element

ORDINANCE NO.X

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 5502 AND 5503.A IN CHAPTER 6 OF DIVISION 6 OF THE UKIAH CITY CODE, REPLACING CALIFORNIA FIRE CODE SECTION 1102.3 WITH LOCALLY ADOPTED RULES GOVERNING OUTDOOR BURNING.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. Ukiah City Code Section 5501 prohibits outdoor burning in the City, except as specifically allowed by Section 5503.

2. Among the exceptions in Section 5503 to this prohibition, Subsection A lists: “fires used only for cooking of food for human beings or for recreational purposes.”

3. No provision of the Ukiah City Code specifically prohibits constructing a fire to cook food on private property without the permission of the property owner or other person in lawful possession of the property.

4. The only state laws specifically addressing the construction of fires on private property without the permission of the owner either expressly do not apply in cities (Public Resources Code section 4415 making the prohibition in PRC §4421 on constructing a fire on private property without the owner’s permission inapplicable in cities) or only apply to large tracts of land posted with no trespassing signs (Penal Code Section 602(J).

5. Amendment of Ukiah City Code Section 5502, which sets forth the definitions for outdoor burning regulations, and 5503.A is necessary to fill this regulatory gap to more effectively restrict outdoor burning and reduce the risk of uncontrolled fires in the City.

SECTION TWO.

Ukiah City Code Section 5502 is hereby amended to read as follows:
§5502 DEFINITIONS
A. "Open Outdoor Fire" as used in this Chapter, means the outdoor combustion of any type of combustible material in other than an approved incinerator. “Open Outdoor Fire” does not include portable lanterns designed to emit light resulting from a combustion process.

B. "Approved Incinerator" as used in this Chapter means a device which when used to consume material by combustion will completely enclose said material and control combustion so that the smoke and gases given off conform to the standards for emissions as set by the State of California Air Resources Board.

C. “Campfire” as used in this Chapter means a fire which is used for cooking, personal warmth, lighting, ceremonial, or aesthetic purposes, including fires contained within outdoor fireplaces and enclosed stoves with flues or chimneys, stoves using jellied, liquid, solid, or Attachment 1

gaseous fuels, portable barbecue pits and braziers, or space heating devices which are used outside any structure, mobile home, or living accommodation mounted on a motor vehicle.

SECTION THREE.

Ukiah City Code Section 5503 is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§5503 EXCEPTIONS
The following fires are excepted from the provisions of this Chapter:

A. Campfires, provided, however, that a person shall not set fire or cause fire to be set for any purpose on land in which the person does not have a right of possession as an owner or lessee, including both public and privately- owned land, without the prior permission of the owner, lessee, or the lawfully designated agent of the owner or lessee. The burden of proof is on the person setting the fire to establish the application of this exception.Fires used only for cooking of food for human beings or for recreational purposes. * * *
SECTION FOUR.

1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.

3. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

4. CEQA Exemption: The introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 1506(b)(3) of the CEQA Guidelines as a project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Introduced by title only on _________, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on __________ 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Josefina Dueñas, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

ORDINANCE NO.X

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 5502 AND 5503.A IN CHAPTER 6 OF DIVISION 6 OF THE UKIAH CITY CODE, REPLACING CALIFORNIA FIRE CODE SECTION 1102.3 WITH LOCALLY ADOPTED RULES GOVERNING OUTDOOR BURNING.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. Ukiah City Code Section 5501 prohibits outdoor burning in the City, except as specifically allowed by Section 5503.

2. Among the exceptions in Section 5503 to this prohibition, Subsection A lists: “fires used only for cooking of food for human beings or for recreational purposes.”

3. No provision of the Ukiah City Code specifically prohibits constructing a fire to cook food on private property without the permission of the property owner or other person in lawful possession of the property.

4. The only state laws specifically addressing the construction of fires on private property without the permission of the owner either expressly do not apply in cities (Public Resources Code section 4415 making the prohibition in PRC §4421 on constructing a fire on private property without the owner’s permission inapplicable in cities) or only apply to large tracts of land posted with no trespassing signs (Penal Code Section 602(J).

5. Amendment of Ukiah City Code Section 5502, which sets forth the definitions for outdoor burning regulations, and 5503.A is necessary to fill this regulatory gap to more effectively restrict outdoor burning and reduce the risk of uncontrolled fires in the City.

SECTION TWO.

Ukiah City Code Section 5502 is hereby amended to read as follows:
§5502 DEFINITIONS
A. "Open Outdoor Fire" as used in this Chapter, means the outdoor combustion of any type of combustible material in other than an approved incinerator. “Open Outdoor Fire” does not include portable lanterns designed to emit light resulting from a combustion process.

B. "Approved Incinerator" as used in this Chapter means a device which when used to consume material by combustion will completely enclose said material and control combustion so that the smoke and gases given off conform to the standards for emissions as set by the State of California Air Resources Board.

C. “Campfire” as used in this Chapter means a fire which is used for cooking, personal warmth, lighting, ceremonial, or aesthetic purposes, including fires contained within outdoor fireplaces and enclosed stoves with flues or chimneys, stoves using jellied, liquid, solid, or Attachment 2

gaseous fuels, portable barbecue pits and braziers, or space heating devices which are used outside any structure, mobile home, or living accommodation mounted on a motor vehicle.

SECTION THREE.

Ukiah City Code Section 5503 is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§5503 EXCEPTIONS
The following fires are excepted from the provisions of this Chapter:

A. Campfires, provided, however, that a person shall not set fire or cause fire to be set for any purpose on land in which the person does not have a right of possession as an owner or lessee, including both public and privately- owned land, without the prior permission of the owner, lessee, or the lawfully designated agent of the owner or lessee. The burden of proof is on the person setting the fire to establish the application of this exception. * * *
SECTION FOUR.

1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.

3. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

4. CEQA Exemption: The introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 1506(b)(3) of the CEQA Guidelines as a project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Introduced by title only on _________, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on __________ 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Josefina Dueñas, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

Agenda Item No: 12.a.

MEETING DATE/TIME: 8/21/2024

ITEM NO: 2024-459

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction of an Ordinance, by Title Only, Amending Various Sections of the Ukiah City Code to Update the City’s Approval Process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager, Craig Schlatter, Community Development Director PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:

1. Existing Regulations – Article 3 (Low Density Residential) - ADU-JADU

2. Proposed Regulations - Article 5.3 (Accessory Dwelling Units)

3. Proposed Regulations – Article 5.4 (Junior Accessory Dwelling Units)

4. Proposed Draft Ordinance (Accessory Dwelling Units & Junior Accessory Dwelling Units) Summary: Council will conduct a public hearing and consider introduction of an ordinance, by title only, amending various sections of Ukiah City Code to update the City's regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

Background: A number of long-established neighborhoods in Ukiah feature more traditional development patterns that include accessory units in a variety of attached and detached formats. The City's approach to regulating these units, however, has varied over time. Over the past decade, legislative efforts at the State level related to housing, and in particular Accessory Dwelling Units (ADUs), have continued to reduce local control and impose regulatory schemes that conflict with the ability of local jurisdictions to implement discretionary review, including public participation and hearing(s) for new construction or conversion of existing buildings for accessory residential uses.

Aligning with the State, the City’s regulations were amended in 2017 to implement AB 2299, SB 1069, and AB 2406 per Ordinance No. 1181. In 2020, the City’s ADU regulations were again amended to address new requirements conceived by AB 68, AB 881, SB 13, AB 670, and AB 587 per Ordinance No. 1216. The City's regulations for ADUs are currently contained within – Article 3 - Low Density Residential Districts (Attachment 1) of Ukiah City Code.

In the present context, ADU laws are complex for local jurisdictions to implement on a regular basis. Each time State Law is updated, the City’s local Ordinance is rendered null and void, and in the interim, the City must continue to process submitted ADU and JADU permit applications through a non-discretionary process in accordance with California Government Code. For this reason, Staff has relied heavily on State resources, such as the 2022 California Department of Housing and Community Development Accessory Dwelling Unit Handbook and other State resources and interpretations, to help guide and inform residents regarding ADU allowances.

Discussion: In summary, the purpose of updating the City’s previously adopted Accessory Dwelling Units (ADU) standards is to:

• Establish standalone articles for the regulation of ADUs and JADUs to improve the readability of the City's regulations;
• Clarify ADU development standards to allow for detached ADUs of up to 20’ in height, and ADUs attached to the primary dwelling unit or garage to be allowed at the maximum height of their zoning district, limited by any airport safety restrictions.
• Update the City’s local ordinance to address recent changes in the California Government Code, including AB 976, AB 2221, SB 477 by adding or removing regulatory language as required. • Provide for effective planning regulations to review and enhance the production of accessory units in all formats and locations throughout the City, recognizing that a substantial percentage of the Accessory Dwelling Units constructed in Ukiah since 2017 were conversions of existing space or modifications to existing structures.

To ensure the City's ADU regulations comply with State law, most of the proposed amendments have been directly sourced from the Government Code and thus are not open to alteration by the City Council. While not significant from a regulatory perspective, the extraction of the ADU and JADU regulations from the Low Density Residential (R-1) zoning district will improve clarity and usability of the existing regulations. As indicated in Attachment 1, the current placement of ADU regulations hinders readability and can be confusing for those proposing ADUs outside the R-1 District. Additionally, references to 'Second Units' have been removed from zoning districts where this terminology was still in use. Although cities and counties are required to permit ADUs and JADUs, they are not obligated to adopt specific ADU and JADU ordinances. However, any city that does adopt an ADU ordinance must submit it to HCD within 60 days. Therefore, HCD may still require subsequent changes of an adopted ordinance to ensure conformance with State law. The City's proposed ADU (Attachment 2) & JADU (Attachment 3) are responsive to the recent changes in State Law. If approved, City Staff would convey the City's proposed ordinance (Attachment 4) to HCD for review.

Below Staff outlines some of the more significant changes to the City's ADU regulations in response to both State regulations, as well as local context:

Height: According to the City’s current regulations, detached ADUs are limited to a maximum height of 18 feet, and attached ADUs to a maximum height of 30 feet, both of which surpass the allowances of California Government Code. In contrast to these residential restrictions, Ukiah City Code permits non-residential accessory structures to reach a height of 20 feet in most residential zoning districts and 30 feet in some higher density and commercial zoning districts.

To ensure consistency with the City's existing regulations and to facilitate new construction, staff proposes that detached ADUs be allowed at a height of 20 feet, similar to non-residential accessory structures. ADUs attached to the primary structure or a detached garage would be permitted to reach the maximum height allowed for the zoning district in which they are located. This change aligns and streamlines the City code and recognizes that detached garages present a unique opportunity to construct additional residential units still within the allowances of the zoning district.

Driveways: Under the City’s existing regulations, driveways accessing ADUs must be set back a minimum of five feet from any structure on an adjoining lot that has a bedroom adjacent to the proposed driveway. The minimum width of a driveway serving an ADU is 12 feet unless the City Fire Marshal determines that adequate fire protection can be provided with a narrower driveway. For clarity, staff recommends that the Fire Prevention and Building Inspection Divisions review these considerations on a permit-by-permit basis, as they would for any proposed single-family residential unit.

Architecture: Ukiah's current regulations require that accessory dwelling units incorporate the same or substantially similar architectural features, height, building materials, and colors as the main dwelling unit or compatible dwellings on adjacent properties. Architecture that differs from the principal dwelling or buildings on adjacent properties is subject to the use permit process. However, the existing regulations do not establish

objective measures for appearance or architectural design for ADUs, nor do they provide a way for applicants to demonstrate that a proposed ADU will reasonably match buildings on adjacent properties, especially when they differ from the primary unit of the subject property.

Given how HCD has evaluated similar ADU regulations in other jurisdictions, staff recommends removing this existing requirement regarding architectural standards. While some jurisdictions have included architectural requirements for ADUs, they are typically in relation to the objective guidelines of a specific historic district, or design principles particular to that community. This format is not a recommended approach for Ukiah, at this time, given the variety of styles across residential neighborhoods and site-specific considerations associated with the City's built environment.

Recommended Action: Introduce, by title only, an ordinance amending various sections of the Ukiah City Code to update the City’s approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to enhance and clarify development standards and conform City regulations with California Government Code, including AB 976, AB 2221, and SB 477.

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: Darcy Vaughn, Assistant City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): CL 5A: Update the zoning ordinance GENERAL PLAN ELEMENTS (GP): H-3: Remove governmental constraints to infill housing development; H3.1: Improve building and planning permit processing for residential construction; LU-1: H-3.1: Improve building and planning permit processing for residential construction.

ARTICLE 3. REGULATIONS IN LOW DENSITY RESIDENTIAL (R-1) DISTRICTS1 SECTION:
§9015 Purpose And Intent
§9016 Allowed Uses
§9017 Permitted Uses
§9018 Building Height Limits
§9019 Required Site Area
§9020 Required Yard Setbacks
§9021 Required Parking
§9022 Additional Requirements
§9023 Determination Of Appropriate Use
§9015 PURPOSE AND INTENT
The purpose of the regulations in the Low Density Residential (R-1) District is to preserve, enhance, and protect the low density residential neighborhoods in the community. The R-1 zoning district is intended for residential areas characterized predominantly by single-family uses, duplexes, and with typical single-family residential subdivision lots ranging in size from six thousand (6,000) to ten thousand (10,000) square feet in size. This district is consistent with the LDR (low density residential) land use designation of the City general plan. (Ord. 1001, §1, adopted 1998; Ord. 1216, §1, adopted 2021)
§9016 ALLOWED USES
The following uses are allowed in Low Density Residential (R-1) Districts:

Accessory buildings.

Accessory dwelling units (ADU) or junior accessory dwelling units (JADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed subject to the following standards/criteria:

A. The requirements of this subsection are applicable to all existing ADUs and JADUs as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing ADUs or JADUs as of the date hereof inconsistent with the provisions listed herein The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9015 PURPOSE AND INTENT
Attachment 1

shall be considered legal nonconforming; provided, that they were legal at the time of their creation.

B. Pursuant to California Government Code 65852.2(a)(1)(C) and 65852.22(d) and (e), ADUs and JADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU or JADU is located, and ADUs and JADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the residential lot on which an ADU or JADU is located.

C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district and any other requirements of this code are met.

D. The accessory dwelling unit or JADU may be used for rental purposes. The minimum term of a lease for an accessory dwelling unit or JADU shall be thirty (30) days.

E. The ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

F. For development of an ADU or JADU, the applicant shall record a deed restriction, which shall run with the land. A copy showing recordation with the Mendocino County Recorder shall be filed with the City, and shall include both of the following:

1. A prohibition on the sale of the ADU or JADU separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.

2. For a JADU only, a restriction on the size and attributes of the JADU that conforms with this section.

G. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures. Accessory dwelling units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process.

H. Junior accessory dwelling units are installed within a legally established bedroom within the existing walls of a fully permitted single-family dwelling or proposed single-family dwelling. In the case of a legal, nonconforming single-family dwelling unit, the applicant must demonstrate adequate septic capacity for the bedroom count, if the dwelling uses a septic system, and utilize an existing, fully permitted bathroom. A separate entrance to the junior accessory dwelling unit shall be provided. A junior accessory dwelling unit may include a full bathroom, or the occupant(s) may use a full bathroom inside the remainder of the single-family dwelling. A junior accessory dwelling unit shall contain an efficiency kitchen, which shall include a cooking facility for preparation and sanitation of food with appliances (e.g., microwave, toaster oven, hot plate) and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. The efficiency kitchen must be removed when the JADU use ceases.

The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9015 PURPOSE AND INTENT

efficiency kitchen must be removed when the JADU use ceases.

I. The maximum size of an accessory dwelling unit shall be one thousand two hundred (1,200) square feet. The maximum size of a junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area. If the bathroom is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation.

J. Parking:

1. Parking requirements for the ADU shall be one off-street space (independently accessible or tandem) for each bedroom or ADU, whichever is less, in addition to the two (2) independently accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required. No off-street parking space shall be required for a JADU.

2. Off-street parking shall be permitted in setback areas in compliance with the definition of "off-street parking" found in section 9278B of this code or through tandem parking.

3. Parking standards will not be imposed for an ADU in any of the following instances:
a. The ADU is located within one-half mile of public transit. b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the existing primary residence or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the ADU. e. When there is a car share vehicle located within one block of the ADU.

4. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those off-street parking spaces be replaced.

K. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure as provided in sections 3731A and 3861B of this code, unless the ADU is constructed with a new single-family home. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.

L. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9015 PURPOSE AND INTENT

applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services. Junior accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

M. The ADU or JADU shall comply with all applicable requirements of this code.

N. The maximum height for ADUs shall be eighteen feet (18'), except for attached ADUs, which shall have a maximum height of thirty feet (30'), pursuant to section 9018 of this code. Taller units may be approved through the use permit process.

O. The following yard setback requirements shall apply to ADUs:

1. Front Yard: The same as the existing primary residence, but no closer than five feet (5').

2. Side Yard Or Rear Yard, Single-Story Or Two-Story: Four feet (4').

3. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

P. The proposed ADUs shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family or multifamily residence unless it is not obviously visible from the street in front of the residence.

Q. For a JADU, either the primary single-family residence or the JADU shall be occupied by the property owner. Owner occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

R. Any balcony, window or door of an ADU shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on-site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners.

This requirement will not apply to an ADU that is contained within the existing space of a single-family or multifamily residence or accessory structure.

S. Driveways accessing ADUs shall be set back a minimum of five feet (5') from any structure on an adjoining lot that has a bedroom adjacent to the proposed driveway.

The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9015 PURPOSE AND INTENT

T. The minimum width of a driveway serving an ADU shall be twelve feet (12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the ADU even though the driveway has a width less than twelve feet (12').

U. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to Chapter 2, Article 20 of this division.

V. Applications for a building permit for an ADU or a JADU shall be considered ministerially without discretionary review or a hearing within sixty (60) days after receiving the application if there is an existing primary dwelling on the lot. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review.

W. Applications for a building permit within any zoning district where residential uses are allowed by right shall be approved ministerially to develop any of the following:

1. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of this section.

2. One detached, new construction, ADU that does not exceed four foot (4') side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection W1 of this section.

3. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. The number of ADUs permitted within an existing multifamily dwelling structure shall be capped at twenty-five percent (25%) of the existing units in the multifamily dwelling, or one ADU, whichever is greater.

The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9015 PURPOSE AND INTENT

4. Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to four-foot (4') rear and side yard setbacks.

X. For the development of ADUs and JADUs described in subsection W of this section, no additional parking or other development standards as set forth in subsections I, J, N through P, and R through U of this section shall be applied except for building code requirements.

Y. The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions. For purposes of this section, "nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

Accessory uses normally incidental to single-family residences.

Community care facility, which provides service for six (6) or fewer persons, with the residents and operators of the facility being considered a family.

Fences:

A. Fences shall be limited to a maximum height of seven feet (7'). Fences exceeding seven feet (7') in height may be erected subject to the securing of a use permit.

B. No fence shall be constructed and no hedge or other screen planting shall be grown or permitted to grow, to a height exceeding three feet (3’) within ten feet (10’) from any property line abutting a street.

Home occupations (as defined in section 9278 of this chapter).

Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

A. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code.

B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies.

C. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9015 PURPOSE AND INTENT

Multiple-family residential dwellings in the form of duplexes, transitional housing, and supportive housing on corner lots. Multiple-family dwellings in the form of triplexes, fourplexes, single-room occupancies (SROs), and rooming and boarding houses are prohibited. Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Single-family residential dwellings, including manufactured/modular homes, transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards in Section 9022 of this code.

Small and large family daycare homes. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1168, §1, adopted 2016; Ord. 1181, §5, adopted 2017; Ord. 1205, §5, adopted 2020; Ord. 1216, §1, adopted 2021) §9017 PERMITTED USES
The following uses may be permitted with the securing of a use permit:

Accredited public or private schools.

Bed and breakfast establishments.

Churches, chapels, and other places of religious assembly and instruction.

Community care facility for more than six (6) persons, but not more than twelve (12) persons.

Condominiums.

Multiple-family dwellings in the form of duplexes, transitional housing, and supportive housing that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division.

Outdoor sales establishments.

Parks, community gardens, and playgrounds.

Public buildings and places of temporary public assembly. (Ord. 1001, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1216, §1, adopted 2021)
§9018 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Low Density Residential (R-1) Districts:

A. For single-family dwellings, two (2) family dwellings and attached accessory dwelling units, a maximum height of thirty feet (30').

B. For accessory buildings a maximum height of twenty feet (20') or the maximum height of the main building, The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9017 PERMITTED USES

whichever is less.

C. The height limits for both dwelling units and accessory structures may be exceeded with the securing of a use permit. The height limit for accessory dwelling unit may be exceeded through the use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public. (Ord. 1001, §1, adopted 1998; Ord. 1181, §5, adopted 2017; Ord. 1216, §1, adopted 2021) §9019 REQUIRED SITE AREA
A. Interior Lots: The required site area on interior lots in the R-1 zoning district is six thousand (6,000) net square feet, and the required lot width is sixty feet (60’).

B. Corner Lots: The required site area for corner lots in the R-1 zoning district is seven thousand (7,000) net square feet, and the required lot width is seventy feet (70’).

C. Existing Development/Density: In existing development/density there is no minimum site area.

D. Nonconforming Lots: Development may occur on existing, nonconforming R-1 lots; a site development permit is required for existing lots four thousand five hundred (4,500) square feet and greater and a use permit is required on existing lots of less than four thousand five hundred (4,500) square feet. Minimum width in either case is forty feet (40’). (Ord. 1001, §1, adopted 1998) §9020 REQUIRED YARD SETBACKS
The purpose of establishing yard areas in the R-1 zoning district is to ensure open spaces, and a low density appearance to single-family residential neighborhoods. In Low Density Residential (R-1) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front: Fifteen feet (15') for residences and accessory structures, and twenty-five feet (25') for garages.

B. Sides: Ten feet (10') for residences and five feet (5') for accessory structures.

C. Rear: Fifteen feet (15') for residences, and five feet (5') for accessory structures.

D. Corner Lots: On corner lots, there shall be a front setback line of fifteen feet (15') on each street side of a corner lot.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The fifty percent (50%) average setback exception does not apply to accessory structures.

E. Yard Setbacks For Unique Circumstances:

1. Architectural Features: Cornices, eaves, canopies, and other similar architectural features for residential The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9019 REQUIRED SITE AREA

structures and accessory structures exceeding one hundred twenty (120) square feet in area may extend up to two feet (2’) into any required yard.

2. Swimming Pools: Swimming pools shall not be located in front yards, and no closer than five feet (5’) to any rear or side property line.

3. Open Porches; Landing Places; Outside Stairways: Open porches, landing places or outside stairways may extend into the required front yard setback provided a minimum of fifteen feet (15’) is maintained between the stairway/landing place and the front property line. Open porches, landing places or outside stairways may extend up to two feet (2’) into any required side yard, and six feet (6’) into any required rear yard. Such porches, landing places, and outside stairways may be roofed, but shall not be enclosed with solid siding, glass, or screening materials, or otherwise made a part of the habitable portion of the structure.

4. Trellises: Trellises providing entry into property are allowed to be located within the front yard setback provided:
a. The trellis does not exceed a maximum height of ten feet (10’). b. The trellis is not more than ten feet (10’) wide.
c. The trellis is not located in the public right of way. d. The trellis does not obscure or block vehicular traffic lines of sight. e. The trellis does not impede or block pedestrian circulation. f. The trellis does not pose a threat to the public health and safety as determined by the city building inspector.
g. The trellis does not hinder the ability of the fire department from accessing the property with emergency equipment and providing emergency services.
h. A building permit is secured for the construction of the trellis, if required by the city building inspector. Depending upon the height, size, and scale of the trellis, engineering calculations may be required. (Ord. 1001, §1, adopted 1998; Ord. 1082, §1, adopted 2006; Ord. 1216, §1, adopted 2021) §9021 REQUIRED PARKING
A. The minimum parking area required in Low Density Residential (R-1) Districts is as follows:

1. Single-Family Dwelling: Two (2) on-site parking spaces per unit.

The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9021 REQUIRED PARKING

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this code.

B. Each required on-site parking space or garage space for single-family residential uses shall be a minimum of nine feet (9') in width and nineteen feet (19') in depth.

C. Each required on-site parking space or garage space for single-family residential uses shall open directly onto a driveway or aisle and be designed to provide safe and efficient ingress and egress for vehicles accessing such parking space. The maximum width for such driveways shall be twelve feet (12') for single-wide driveways, and twenty feet (20') for double-wide driveways and access lanes to parcels with no street frontage.

D. All driveways on corner lots shall be located a minimum distance of twenty feet (20') from the curb return. (Ord. 1001, §1, adopted 1998; Ord. 1181, §5, adopted 2017; Ord. 1205, §5, adopted 2020; Ord. 1216, §1, adopted 2021)
§9022 ADDITIONAL REQUIREMENTS
A. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed uses on individual residential parcels subject to the following regulations:

1. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the City Building Official and designed and constructed pursuant to section 18551 of the California Health and Safety Code.

2. Utilities: All utilities to the manufactured home shall be installed pursuant to standards set forth in Division 4 of this code and additional City standard practices and policies.

3. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on-site construction. (Ord. 1216, §1, adopted 2021)
§9023 DETERMINATION OF APPROPRIATE USE
A. Whenever a use is not listed in this article as a use permitted by right or a use subject to a use permit in the R-1 zoning district, the Planning Director shall determine whether the use is appropriate for the zoning district, either as a right or subject to a use permit. In making this determination, the Planning Director shall find as follows:

1. The use would not be incompatible with other existing or allowed uses in the R-1 zoning district; The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9022 ADDITIONAL REQUIREMENTS

1 2. The use would not be detrimental to the continuing residential development of the area in which the use would be located; and

3. The use would be in harmony and consistent with the purpose of the R-1 zoning district.

4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses. (Ord. 1001, §1, adopted 1998; Ord. 1216, §1, adopted 2021. Formerly 9022)
Ord. 793, §2, adopted 1982; Ord. 803-A, §1, adopted 1983; Ord. 813, §1, adopted 1983; Ord. 813, §2, adopted 1983; rep. by Ord. 1001, §1, adopted 1998.

The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9022 ADDITIONAL REQUIREMENTS