Ukiah City Council
September 4, 2024

City of Ukiah
CEQA Technical Memorandum – 195 Low Gap Road
July 26,2024

Also, while it is assumed a small kitchen facility will be added to the interior of the existing space, additions to existing structures are permitted under this exemption provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition. Given that the existing structure is approximately 2,500 square feet, the interior addition of an office kitchen would not exceed 1,250 square feet.

Community Commercial (CC) designated lands are generally located along major corridors in the city with the intent of providing a transition between higher-intensity commercial uses along Highway 101 and residential neighborhoods on the western side of the city. The purpose of the Community Commercial (C1) zoning district is “to provide a broad range of commercial land use opportunities along the primary transportation corridors within the city. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses and provide opportunities to integrate multiple-family housing and mixed-use projects.” (Ukiah City Code Section 9080). The C1 zone allows for many commercial uses, including professional offices and banks, restaurants, general retail, personal improvement establishments, and certain residential uses.

The General Plan Amendment and Rezone of the property do not directly result in any physical change to the property or expansion of the existing use. The property has functioned as a church and a mortuary, neither of which are residential uses. The site is bordered by Community Commercial designated and zoned lands on the east and south, and the land use and zoning changes will not result in a change or expansion of use on the property.
15300.2 CEQA EXCEPTIONS TO CATEGORICAL EXEMPTIONS
CEQA Guidelines section 15300.2 establishes six (6) exceptions to categorical exemptions, listed below. Following each exception is an analysis of how it applies or does not apply to the proposed Project.

1. Location
Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant if its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

Applicability to the proposed Project: The Project is subject to Class 1, Existing Facilities, and is not subject to Classes 3, 4, 5, 6 or 11. Therefore, the Project is not subject to the location exception.

City of Ukiah
CEQA Technical Memorandum – 195 Low Gap Road
July 26,2024

2. Cumulative Impact
All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

Applicability to the proposed Project: The Project proposes renovations and the reuse of an existing non-residential building that has been in operation off and on since 1967. The proposed Rezone and General Plan Amendment would change the site’s permitted uses from low density residential uses to general commercial uses, but would not change the actual operational characteristics of the site in the past. The site has operated as a quasicommercial use, and has been considered as such in the analysis conducted for the General Plan Environmental Impact Report, as it was an existing use at the time the document was prepared. Because the site is currently developed, all impacts associated with any land disturbance impact, such as biological resources, geology or hydrology, have already occurred. The overall impact of the proposed Project will not cumulatively impact the environment. This exception does not apply to the Project.

3. Significant Effect
A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Applicability to the proposed Project: This exception to categorical exemptions does not apply to the Project. The Project site has operated as a quasi-commercial use in the past, and will not substantially increase the impacts associated with the site when compared to its past use. The Project occurs on a Major Collector roadway, which is appropriate for a professional office use. The proposed Project will be subject to all of the same standards and requirements as any project in the City, and proposed renovations will adhere to all applicable C1 zoning regulations. There is no evidence that the Project would result in significant impacts, nor would significant impacts be expected from the minor alterations proposed for the existing structure. This exception does not apply to the Project.

4. Scenic Highways
A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

Applicability to the proposed Project: The Project site is not located on or near a state or county designated or eligible scenic route. The site has been developed since 1967 and does not contain any scenic resources such as rock outcroppings or trees. While the original building was constructed in 1967, several structural modifications have been

City of Ukiah
CEQA Technical Memorandum – 195 Low Gap Road
July 26,2024

made over the years, and the building is not considered to have historic significance. This exception does not apply to the Project.

5. Hazardous Waste Sites
A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Applicability to the proposed Project: Section 65962.5 requires that the Department of Toxic Substances Control compile a list of all hazardous waste facilities, properties, disposals, release sites and abandoned sites. The Project is not located on a cleanup site according to the Department of Toxic Substances Control (DTSC) EnviroStor database.

The Project is not located on a LUST cleanup, military cleanup, or any other cleanup sites listed on the Water Quality Control Board Geotracker database. This exception does not apply to the Project.

6. Historic Resources
A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Applicability to the proposed Project: The Project will not cause a substantial adverse change in the significance of a historical resource. While the original building was constructed in 1967, several structural modifications have been made over the years, and it has not been identified as having local historic significance. The existing structure underwent expansion in 1976, pursuant to an Architectural Review (77-12), adding approximately 224 square feet to accommodate supplementary bathroom and library facilities. In 2018, renovation and remodeling permits (#4383 & 3240) were issued, encompassing interior modifications, the installation of an ADA-compliant ramp, and upgrading the structure’s HVAC system.

There are no resources listed on the National Register of Historic Places on, or in the vicinity of, the subject property. There are also no resources listed in the California Register of Historic Resources (Built Environment Resources Directory) on the Project site or in its immediate vicinity. This exception does not apply.

CONCLUSIONS
As described in the above analysis, the proposed Project is consistent with the terms of Class 1 exemptions under CEQA Guidelines section 15301. The exceptions to categorical exemptions detailed in CEQA Guideline section 15300.2 do not apply to the Project.

Therefore, the Project is exempt from CEQA as a minor modification to an existing facility.

ARTICLE 7. REGULATIONS IN COMMUNITY COMMERCIAL (C-1) DISTRICTS1 SECTION:
§9080 Purpose And Intent
§9081 Allowed Uses
§9082 Permitted Uses
§9083 Building Height Limits
§9084 Building Site Area Required
§9085 Required Yard Setbacks
§9086 Required Parking
§9087 Additional Requirements
§9088 Determination Of Appropriate Use
§9080 PURPOSE AND INTENT
The purpose of the Community Commercial Zoning District is to provide a broad range of commercial land use opportunities along the primary transportation corridors within the City. It is intended to promote and provide flexibility for commercial development, to encourage the establishment of community-wide commercial-serving land uses, and provide opportunities to integrate multiple-family housing and mixed-use projects. The Community Commercial (C-1) Zoning District is consistent with the commercial (C) general plan land use designation. (Ord. 1006, §1, adopted 1998; Ord. 1216, §5, adopted 2021) §9081 ALLOWED USES
The following uses are allowed in the Community Commercial (C-1) Zoning District:

Accessory uses to any of the uses allowed in this district.

Accessory dwelling units and junior accessory dwelling units, as defined in section 9278 of this code and regulated in section 9016 of this code.

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

Condominiums.

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

Ukiah City Code §9080 PURPOSE AND INTENT
Attachment 5

Emergency shelters, small.

Hotels, motels, and bed and breakfast establishments.

Low barrier navigation centers.

Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, transitional housing, supportive housing, singleroom occupancies (SROs)) that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Personal improvement and personal service establishments.

Places of religious worship, assembly or instruction.

Professional offices and banks.

Public or private schools.

Restaurants.

Retail stores.

Second dwelling units as allowed in the R-1 districts in section 9016 of this chapter.

Small and large family child daycare homes. (Ord. 1006, §1, adopted 1998; Ord. 1047, §1, adopted 2003; Ord. 1205, §9, adopted 2020; Ord. 1216, §5, adopted 2021)
§9082 PERMITTED USES
The following uses require approval of a use permit pursuant to the provisions contained in section 9262 of this chapter:

Auto repair shop, auto body and painting shop, car wash, auto service (gas) station, and new and used car sales.

Bar, dance hall, live entertainment establishment and nightclub.

Billiard parlor, amusement arcade, and bowling alley.

Cabinet shop.

Cannabis cultivation – Processor.

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

Ukiah City Code §9082 PERMITTED USES

Cannabis manufacturer – Packaging.

Cannabis manufacturer – Shared use.

Cannabis manufacturing – Level 1.

Cannabis microbusiness.

Cannabis nursery.

Cannabis retailer.

Cannabis testing laboratory.

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

Emergency shelters, large.

Machine shop.

Mini/convenience storage.

Outdoor sales establishments that occur for no more than thirty (30) days within a twelve (12) month period may be considered by the Zoning Administrator. All other applications shall be heard by the Planning Commission.

A. All outdoor sales establishments shall comply with the following criteria:

1. Parking: Parking shall be designated for a minimum of three (3) automobiles, located off the public rightof-way with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of sales proposed.

2. Signage: A maximum of twenty-five percent (25%) of the largest side of the vehicle or structure used in the sales operation. In addition, one sandwich board or A-frame sign pursuant to subsection 3227A5 of this code.

3. Utilities: The need for sanitary sewer, water, and electrical services shall be determined through the use permit process, and all hookups shall comply with this code.

4. Business License: Business license must be prominently displayed at all times, and the operator shall have proof of Board of Equalization sales permit.

Parking lot.

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

Ukiah City Code §9082 PERMITTED USES

Single-family dwelling (i.e., single-family home, manufactured/modular home, transitional housing, and supportive housing). Manufactured/modular homes shall comply with the additional development standards in section 9087 of this code.

Multiple-family dwellings that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division.

Mobile home parks.

Social halls and lodges.

Theater.

Veterinarian. (Ord. 1006, §1, adopted 1998; Ord. 1186, §1, adopted 2018; Ord. 1216, §5, adopted 2021; Ord. 1226, §3, adopted 2022)
§9083 BUILDING HEIGHT LIMITS
The maximum height of any building in a Community Commercial (C-1) District shall be fifty feet (50'). (Ord. 1006, §1, adopted 1998; Ord. 1216, §5, adopted 2021)
§9084 BUILDING SITE AREA REQUIRED
A. Commercial: For each building or group of buildings a minimum of six thousand (6,000) square feet in area and a minimum width of sixty feet (60') on interior lots; a minimum of seven thousand (7,000) square feet in area and a minimum width of seventy feet (70') on corner lots.

B. Residential And Mixed-Use: No minimum building site area.

C. Mobile Home Parks: Minimum of two (2) acres. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §5, adopted 2021)
§9085 REQUIRED YARD SETBACKS
In Community Commercial (C-1) Districts, yards shall be required in the following minimum widths:

A. Front Yards For Single-Story Buildings: The front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting such lot. On corner lots, a ten foot (10') vision triangle may be required for traffic safety.

B. Front Yards For Multiple-Story Buildings: The front setback line shall be a minimum of five feet (5') measured from the street right-of-way line fronting such lot (generally being the edge of sidewalk). On corner lots, a ten foot (10') vision triangle may be required for traffic safety.

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

Ukiah City Code §9083 BUILDING HEIGHT LIMITS

C. Rear And Side Yards: None required except where the rear or side of a lot abuts on an R-1, R-2, or R-3 district, in which case such rear or side yard shall be that of the adjoining zone. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1216, §5, adopted 2021) §9086 REQUIRED PARKING
The minimum parking area required in the Community Commercial (C-1) Zoning Districts shall be as follows:

A. Commercial Uses:

1. Retail Stores, Professional Offices, And Business Offices: One parking space for each three hundred (300) square feet of gross leasable floor area.

2. Personal Services And Personal Improvement Facilities: One parking space for each three hundred fifty (350) square feet of gross leasable floor area.

3. Commercial Recreation And Public Assembly: One parking space for each four (4) person capacity.

4. Restaurant: One parking space for every three (3) seats, with a minimum of four (4) spaces. An additional parking space for each two (2) employees at maximum shift.

5. Bicycle Parking: Safe bicycle parking facilities shall be provided in all commercial developments, where it is determined that the use would attract bicyclists. The number of bicycle parking spaces required shall be not less than ten percent (10%) of the number of required off-street automobile parking spaces. Such safe bicycle parking shall be located convenient to the entrance(s) to the use.

B. Downtown Parking District: All parcels within the downtown parking district No. 1 are not subject to the C-1 zoning district parking standards. These parcels shall comply with the provisions of the downtown parking improvement program.

C. Residential Uses: The minimum parking areas are required for the following residential uses:

1. Single-Family Dwelling: Two (2) on-site parking spaces per unit.

2. Duplex: One and one-half (1.5) on-site parking spaces per unit.

3. Multiple-Family Dwelling: One on-site parking space per unit.

D. Other Uses: All other uses are subject to the provisions contained in Chapter 2, Article 17 of this division.

E. Exceptions: Relief from the parking requirements in the C-1 zoning district may be approved through the discretionary review process, provided a finding is made that there is a unique circumstance associated with the use or property that results in a demand for less parking than normally expected. (Ord. 1006, §1, adopted 1998; The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9086 REQUIRED PARKING

Ord. 1216, §5, adopted 2021)
§9087 ADDITIONAL REQUIREMENTS
The following additional requirements are applicable in the Community Commercial (C-1) Zoning District:

A. A site development permit shall be required for development projects in the Community Commercial (C-1) Zoning District, pursuant to the requirements of subsection 9261B of this chapter, excluding multiple-family residential projects as described in section 9081 of this code that comply with the design and development standards in Chapter 2, Article 5.2 of this division.

B. Any balcony, window, or door shall use at least one of the following development approaches to lessen the privacy impacts onto adjacent properties. These techniques include use of obscured glazing, landscaped/privacy buffer in the required setback with a minimum of five feet (5'), window placement above eye level, or locating balconies, windows, and doors facing toward the street and backyard. Trees and landscaping used as a landscaped/privacy buffer shall be planted and maintained by the property owner to preserve the privacy of adjacent property owners.

C. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual 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 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.

D. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing. Properties within the downtown master plan (DMP) area are exempt from the landscaping requirements.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation.

Native species are strongly encouraged.

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

Ukiah City Code §9087 ADDITIONAL REQUIREMENTS

b. Deciduous trees shall constitute fifty-one percent (51%) of the trees proposed along the south and west building exposures; nondeciduous street species shall be restricted to areas that do not inhibit solar access.
c. Parking lots with twelve (12) or more parking stalls shall have a tree placed between every four (4) parking stalls within a continuous linear planting strip rather than individual planting wells, unless clearly infeasible. Parking lot trees shall primarily be deciduous species, and shall be designed to provide a tree canopy coverage of fifty percent (50%) over all paved areas within fifteen (15) years of planting. Based upon the design of the parking lot, a reduced number of trees may be approved through the discretionary review process.
d. Parking lots shall have a perimeter planting strip with both trees and shrubs. e. Parking lots with twelve (12) or more parking stalls shall have defined pedestrian sidewalks or marked pedestrian facilities of no less than three feet (3') in width within landscaped areas and/or separated from automobile travel lanes. Based upon the design of the parking lot, and the use that it is serving, relief from this requirement may be approved through the discretionary review process. f. Street trees may be placed on the property proposed for development instead of within the public right-of-way if the location is approved by the City Engineer, based upon safety and maintenance factors.
g. All new developments shall include a landscaping coverage of twenty percent (20%) of the gross area of the parcel, unless because of the small size of a parcel as determined by the Planning Director. A minimum of fifty percent (50%) of the landscaped area shall be dedicated to live plantings. h. Landscaping plans shall include an automatic irrigation system and lighting plan. i. All required landscaping for commercial development projects shall be maintained. j. All healthy existing mature trees on development project sites shall be preserved and incorporated into the proposed landscaping plan, if feasible.
k. The Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

E. No fence shall be constructed over three feet (3') in height in any required front yard setback area.

F. Existing developments as of the date of this article inconsistent with the provisions listed herein shall be The Ukiah City Code is current through Ordinance 1238, passed March 6, 2024.

Ukiah City Code §9087 ADDITIONAL REQUIREMENTS

1 considered legal nonconforming; provided, that they were legal at the time of their creation, and shall be subject to the nonconforming provisions contained in this chapter. (Ord. 1006, §1, adopted 1998; Ord. 1110, §1, adopted 2008; Ord. 1168, §3, adopted 2016; Ord. 1216, §5, adopted 2021) §9088 DETERMINATION OF APPROPRIATE USE
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 C-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:

A. That the use would not be incompatible with other existing or allowed uses in the C-1 zoning district.

B. That the use would not be detrimental to the continuing development of the area in which the use would be located.

C. 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. All determinations of the planning director regarding whether a use can be allowed or permitted in the community commercial (C-1) zoning district shall be final unless a written appeal to the city council, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by city council resolution, is filed with the city clerk within ten (10) days of the date the decision was made.

Appeals may be filed by an applicant or any interested party. The city council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter. At the close of the public hearing, the city council may affirm, reverse, revise or modify the appealed decision of the planning director. All city council decisions on appeals of the planning director’s actions are final for the city. (Ord. 1006, §1, adopted 1998)
Ord. 793, §2, adopted 1982; Ord. 921, §2, adopted 1991; rep. by Ord. 1006, §1, adopted 1998.

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

Ukiah City Code §9088 DETERMINATION OF APPROPRIATE USE

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

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

ORDINANCE NO. _____

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL AMENDING THE OFFICIAL

ZONING MAP AND GENERAL PLAN LAND USE MAP BY ESTABLISHING THE COMMUNITY COMMERCIAL (C1) ZONING DISTRICT AND COMMUNITY COMMERCIAL (CC) LAND USE DESIGNATION AT 195 LOW GAP ROAD (APN 002-080-39) The City Council of the City of Ukiah does hereby ordain as follows:

SECTION ONE - FINDINGS AND DECLARATIONS
The City Council finds and declares as follows:

1. The Planning Commission held a public hearing to provide direction on the location of the proposed Zoning Map Amendment and General Plan Amendment on August 14, 2024.

The Planning Commission voted in favor of recommending that the City Council approve a proposed Zoning Map Amendment and General Plan Amendment, rezoning the subject parcel from Low Density Residential (R-1) to Community Commercial (C-1), and changing the land use designation from Low Density Residential (LDR) to Commercial (CC) (“Amendments”).

2. The 0.41-acre Project site is located on the corner of North Oak Street and Low Gap Road at 195 Low Gap Road (APN 002-080-39). The Project proposes to rezone the existing parcel, currently zoned as from Low Density Residential (R-1) to Community Commercial (C-1). The Project also requires a general plan amendment to change the land use designation from Low Density Residential (LDR) to Commercial (CC). This project is requested because the Applicant desires to undertake tenant improvements to the existing structure and lease it for use as a ‘Professional Office’, which is not allowed under the present R-1 designation. As defined in Ukiah City Code a ‘Professional Office’ is considered the provision of professional or technical services including accounting, counseling, architecture, design, medical/dental, engineering, law, management, and similar professions.

3. The Zoning Map Amendment is consistent with the findings required for adoption of an ordinance to approve a Zoning Map Amendment and General Plan Amendment as required by Ukiah City Code Section 9265.

4. The Project site is surrounded by a mixture of commercial, public facility and residential uses. Other C1 zoned parcels (with corresponding Community Commercial General Plan designations) currently exist immediately east of the site. No development is proposed.

However, future development of the site would require adherence to all C1 zoning regulations. The Project supports General Plan goals and policies related to land use and economic development, as it would provide an opportunity for commercial reuse of an underutilized structure. As such, the proposed Amendments would be consistent with the City’s General Plan and City’s zoning code.

5. The proposed use of this existing structure as a ‘Professional Office’ is anticipated to result in a less intensive use of the building and property. ‘Religious Assembly’, the previous use of the structure, typically experiences high peak usage during worship services, which are Attachment 6

often held multiple times throughout the week, or for holidays or specific events such as memorials, weddings or other ceremonies. Given this orientation, use of structures for religious assembly can attract large congregations, leading to increased traffic congestion and parking demand. In contrast, a ‘Professional Office’ operates on a more regular, daily schedule with appointments spread throughout the day, and typically features limited weekend hours. This results in a more consistent, moderate flow of traffic rather than the high peaks associated with church services.

6. Notice of the proposed Project and Amendments was provided in the following manner:
provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on August 23, 2024; posted on the City’s webpage on August 23, 2024; published in the Ukiah Daily Journal on August 25, 2024; posted on the Project site on August 23, 2024; available to the public at the Community Development Counter on August 23, 2024, and posted at the Civic Center (glass case) 72 hours prior to the public hearing.

7. The City Council has considered the Amendments, attached hereto as Exhibit A, together with the recommendation of the Planning Commission to approve this Ordinance.

SECTION TWO – ADOPTION OF ORDINANCE

1. The Official Zoning Map for the City of Ukiah is amended to change the Zoning designation of 195 Low Gap Road (APN 002-080-39) from Low-Density Residential (R-1) to Community Commercial (C-1).

2. The Official General Plan land use map is amended to change the land use designation of 195 Low Gap Road (APN 002-080-39) from Low-Density Residential (LDR) to Community Commercial (CC).

3. This Ordinance incorporates the Amendments depicted in the figures attached hereto as Exhibit A and Exhibit B.

SECTION THREE
This Ordinance shall be published as required by law in a newspaper of general circulation.

SECTION FOUR

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

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

Introduced by title only on September 4, 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________
Josefina Dueñas, Mayor
ATTEST:
_____________________
Kristine Lawler, City Clerk
EXHIBIT A: GENERAL PLAN EXHIBIT MAP, APN 002-080-39
EXHIBIT B: REZONE EXHIBIT MAP, APN 002-080-39

Assessors Parcels
LDR
CC
MDR
P
MDR
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 65 130Feet
0 0.01 0.02 Miles
1:1,500
General Plan
Exhibit A: General Plan Exhibit Map
File No. 24-9265
Eversole Mortuary
002-080-39
Eversole Mortuary
-
195 Low Gap Rd., Ukiah

Assessors Parcels
R1
C1
R2
PF
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

File No. 24-9265
Eversole Mortuary
002-080-39
Eversole Mortuary
-
195 Low Gap Rd., Ukiah
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 65 130Feet
0 0.01 0.02 Miles
1:1,500
Zoning
Exhibit B: Rezone Exhibit Map

Agenda Item No: 12.b.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-521

AGENDA SUMMARY REPORT
SUBJECT: Proposed Sewer Rate Adjustments for Fiscal Year 2024-2025: Public Hearing and Consideration for Adoption.

DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER:

Dan Buffalo, Finance Director; Sean White,
Water Resources Director; and Mark Hildebrand,
Hildebrand Consulting, LLC
ATTACHMENTS:

1. Ukiah 2024 Sewer Rate Study July 17 presentation 7.8.24

2. 2024 Sewer Prop 218 Notice draft 7.8.24

3. City of Ukiah 2024 Sewer Financial Plan final 7.9.24 (1) Summary: The Council will consider proposed sewer rate adjustments for the City of Ukiah, to be discussed at a public hearing on September 4, 2024, aimed at ensuring the financial stability and operational efficiency of the sewer utility.

Background: The City of Ukiah scheduled a Prop 218 public hearing no less than 45 days out from its regular meeting on July 17, 2024, to discuss and receive any protests to proposed adjustments to sewer service charges. The City's sewer utility serves approximately 3,600 residential and business accounts within the city boundaries, providing essential sewer collection, treatment, and disposal services. These services are crucial for protecting public health and the environment and maintaining the community's quality of life.

The last comprehensive sewer rate study was conducted in 2020, resulting in a series of modest rate increases over the past four years. However, cost inflation and higher-than-expected capital expenditures have necessitated a re-evaluation of the current rates. Despite operational efficiencies and debt refinancing, the sewer utility requires increased revenue to meet its financial obligations and maintain adequate cash reserves. This one-year rate adjustment is intended to complete the current five-year plan. The City and the Ukiah Valley Sanitation District plan to conduct a new five-year joint rate study in fiscal year 2024-25, with the new rate schedule potentially going into effect as early as July 1, 2025.

Discussion: The proposed rate adjustments are necessary to ensure continuity of services and the financial stability of the City's sewer utility. The new rates have been calculated following industry-standard methodologies and in compliance with Proposition 218 (California Constitution Article XIII D, Section 6). The financial plan underlying these rates considers operational costs, debt service, and capital funding needs and is included as Attachment #3.

Key Components of the Proposed Rates:
- Residential Users: A fixed monthly service charge per dwelling unit and a consumption rate based on average monthly water usage during the prior winter months (January to March). - Commercial Users: A monthly service charge per equivalent sewer service flow unit (ESSFU) based on average winter water consumption. Consumption rates vary by commercial classification, reflecting different levels of sewer strength.

Proposed Rate Increases:

Monthly Service Charge:
- Current: $52.38
- Proposed (Effective October 1, 2024): $59.71
Consumption Rate per HCF (Hundred Cubic Feet):
- Residential: From $3.79 to $4.32
- Commercial 1: From $3.79 to $4.32
- Commercial 2: From $4.13 to $4.71
- Commercial 3: From $8.24 to $9.39
- Commercial 4: From $10.96 to $12.49
The proposed rate increase of 14% will take effect on October 1, 2024. These adjustments will provide the necessary funds to operate and maintain the sewer infrastructure, ensuring reliable wastewater services and environmental protection.

Rate Comparisons with Other Agencies
To ensure the proposed rates are competitive, a regional survey was conducted comparing the monthly sewer bills for single-family homes with 6 HCF of monthly water usage across various agencies. The findings indicate that even after the proposed rate increase, the City of Ukiah's rates remain in line with or below those of many neighboring jurisdictions:
• City of St. Helena: $154.99
• City of Calistoga: $132.80
• City of Healdsburg: $123.59
• Town of Windsor: $108.82
• Sonoma Valley County Sanitation District: $99.96
• City of Santa Rosa: $99.67
• City of Petaluma: $96.58
• City of Vallejo: $94.37
• City of Cloverdale: $90.83
• City of Ukiah (Proposed): $85.63
• City of Sebastopol: $84.59
• City of Ukiah (Current): $75.13
• City of Cotati: $73.54
These comparisons show that the proposed rates for Ukiah, at $85.63 per month with 6 HCF usage, are competitive within the region. This ensures that the City continues to offer affordable sewer services while maintaining the financial health of the utility. More detail on these comparisons can found in the presentation, Attachment 1.

Proposition 218 Process and Public Participation
Proposition 218 establishes a protest process allowing property owners to voice their opposition to the proposed rates. The City mailed a notice (Attachment 2) of the proposed rate increases to all impacted property owners at least 45 days prior to the public hearing. Property owners and tenants were encouraged to participate in the public hearing and submit written protests if they oppose the rate adjustments.

Written protests must be submitted before the end of the hearing on September 4, 2024. Protests can be hand-delivered during the hearing, mailed, or delivered to the City Clerk at the Ukiah Civic Center. If a majority of property owners submit written protests, the City cannot approve the proposed rate adjustments.

The purpose of the public hearing on September 4, 2024, is to provide a forum for public input, receive protests, and to consider the proposed sewer rate adjustments. This hearing will ensure transparency and allow the City Council to make an informed decision based on community feedback.

Attachments:

1. Presentation of Rate Report and Analysis

2. Notice of Public Hearing

3. Sewer Financial Plan (Rate Analysis Report)
The 2024 Sewer Financial Plan (Rate Analysis Report) (Attachment 3) has also been available on the City's website and inquiries/questions can be directed to (707) 463-6228 or via email at [email protected].

Recommended Action: Conduct a public hearing and then approve the proposed sewer rate adjustments effective October 1, 2024, as outlined in the 2024 Sewer Financial Plan (Sewer Rate Study). Should the City Council decide not to approve the proposed sewer rate adjustments, it is recommended that the Council provide direction to Staff on alternative measures.

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: City Manager's Office
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element

2024 Sewer Rate Study
Findings
July 17, 2024
Attachment 1

2 Agenda

1. Utility Rate Setting 101

2. Sewer Enterprise Financial Plan

3. Cost of Service / Rate Design

4. Project Schedule
Attachment 3

The Rate Setting Process
Compares the revenues of the utility to its
expenses to determine the overall level of rate
adjustment
Equitably allocates the revenue requirements
between the various customer classes of service
Design rates for each class of service to meet
the revenue needs of the utility, along with any
other rate design goals and objectives
Revenue Requirements
Cost-of-Service
Rate Design
3 Attachment 3

4 Legal Requirements
for Setting Water Rates In California
Proposition 218 (Article XIIID, Section 6 of California Constitution) • Revenues shall not exceed funds required to provide service; nor used for another purpose
• Amount shall not exceed the proportional cost of the service attributable to the parcel
• Service must be actually used or immediately available • Approval process includes 45-day notice, public hearing, and written majority protest. Does not require a voting process (unlike taxes).

Attachment 3

5 Regional Survey
Monthly Bill for Single Family Homes with 6 HCF of monthly water usage Attachment 3

6 Reserve Policies
The City’s Operating Reserve policy requires the sewer utility to maintain cash reserves of at least 25 percent of operating expenses (currently equal to about $1.7 million).

In addition to protecting the City against unforeseen circumstances, these policies also contribute towards the City’s credit rating.

The Study recommends that the City consider adopting a capital reserve policy in the future.

Attachment 3

Revenue
FY2023/24 Budget
7 Rate Revenue $5,390,000
Non-Rate Revenue
Connection Fees $460,000
Interest Earnings $21,000
Operating Revenue $8,000
District Reimbursement of Costs $2,622,000
Total: $8,501,000
Attachment 3

Operating and Debt Expenses
FY2024/25 Budget
* Does not include capital spending 8
*
Salaries and Benefits $2,010,000
Professional Services $971,000
Operating Supplies $281,000
Utilities and Chemicals $871,000
Other Operating Costs $573,000
Billing $200,000
Internal Allocation $2,054,000
Debt Service $2,006,000
Total Budget: $8,966,000
Attachment 3

Historical and Projected Capital Spending
9 Recent average Capital:
$1.0M
Forecasted Average Rate-Funded Capital:
$1.4M
Attachment 3

Financial Forecast & Proposed Rate Revenue Increases
10 Non Rate Revenue
Operating Expenses
Debt Service
Existing Rate Revenue
Cash Capital
Additional Rate Revenue
Debt Service
FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 Proposed
Proposed Rate Revenue Increases: 14.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% Debt Coverage Ratio: 1.21 1.19 1.35 1.28 1.23 1.31 1.54 1.64 1.75 1.86 Projected
$0
$1
$2
$3
$4
$5

MILLIONS
Projected Fund Balance Reserve Targets
$0
$2
$4
$6
$8
$10
$12
$14
FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 Total Revenue / Expenses ($M)
Expenses
Revenues
Attachment 3

11 Current & Proposed Rates
Current Proposed
Rates October 1, 2024
Monthly Service Charge*: $52.38 $59.71
Consumptions Rate (per HCF)
Residential: $3.79 $4.32
Commerical 1: $3.79 $4.32
Commercial 2: $4.13 $4.71
Commercial 3: $8.24 $9.39
Commercial 4: $10.96 $12.49
* Service Charge is per dwelling unit for residential and per ESSFU for commercial accounts (with a minimum charge of 1 ESSFU)
Attachment 3

12 Regional Survey
Monthly Bill for Single Family Homes with 6 HCF of monthly water usage Attachment 3

13 • Mail Prop 218 Notifications
• Conduct Public Hearing on September 4th
• Implement first rate increase on October 1, 2024
• Conduct comprehensive rate study in 2025
Next Steps
Attachment 3

City of Ukiah
Notice of Public Hearing on Proposed Rates for Sewer Service Charges September 4, 2024 at 6:00 pm
Ukiah Civic Center
300 Seminary Ave, Ukiah, CA, 95482
The City of Ukiah will hold a public hearing on a proposed rate schedule for Sewer Rates.

The City’s sewer utility provides sewer
collection, treatment and disposal services
for about 3,600 residential and business
accounts located within a portion of the
City jurisdictional boundaries. The City’s
sewer utility collects and treats wastewater
at the City’s wastewater treatment plant.

These sewer services are essential to
protecting public health and the
environment and maintaining a high
quality of life.

The City of Ukiah charges Sewer Rates to
each property that is connected to the
City’s sewer system. The City uses these
funds to operate the collection and
treatment systems, and to pay for effluent
and biosolids disposal.

WHY INCREASE RATES NOW?
The City last conducted a sewer rate study
in 2020, which led to the City adopting a
series of modest rate increases over the past
4 years. Since that time, cost inflation has
exceeded expectations and capital
spending has exceeded the forecasts made
by the 2020 rate study. The City’s Sewer
Utility has managed to maintain a positive
fund balance through operational
efficiencies and refinancing debt. An
increase in rate revenue is necessary at this
time in order to meet the financial
requirements of existing debt and to
maintain the sewer utility’s cash reserves.

In order to meet the sewer utility’s current
expenses, the City is proposing two rate
increases during the coming fiscal year.

The proposed rates are designed to meet
the City’s immediate obligations for its
debt commitments and capital spending
projects.

HOW WERE RATES CALCULATED?
The proposed Sewer Rates were calculated
using methodologies that are aligned with
industry standard practices for rate setting
and all applicable laws, including
California Constitution Article VIII D,
Section 6 (commonly known as
Proposition 218). The revenue
requirements for the City sewer utility
were based on a financial plan that
integrated operational, debt and capital
funding needs.

Residential users will continue to pay a
fixed monthly Service Charge on a perdwelling basis in addition to a Consumption Rate based on the average
monthly water used during the prior winter
months of January through March.

Commercial users will be charged a
monthly Service Charge for each
“equivalent sewer service flow unit”
(ESSFU), which is a measure of the
average winter water use of residential
dwelling units. The ESSFU assignment for
a Commercial user will be calculated based
on the user’s average monthly water
consumption during the previous winter
(with a minimum of one (1) ESSFU per
commercial account). The Consumption
Rate for Commercial users is determined
by multiplying the account’s average
winter water usage by the respective rate
for the Commercial customer’s
classification (which accounts for sewer
strength). Water usage is measured in
hundreds of cubic feet (“HCF”) which is
equal to 748 gallons.

HOW MUCH OF AN INCREASE?
Under this proposal, sewer rates will
increase by 14% on October 1, 2024.

For complete details, the 2024 Sewer
Financial Plan Sewer Rate Study report is
available at:
http://www.cityofukiah.com/utilityservices/.

For more information on proposed Sewer
Rates, please call:
(707) 463-6228
or email: [email protected]

HOW TO PARTICIPATE
Proposition 218 establishes a protest
process for the public to follow if they
wish to oppose the rates.

Written protests on the proposed Sewer
Rates must be received prior to the
close of the Public Hearing on
September 4, 2024 and may be hand
delivered during the hearing, mailed or
delivered to:

Kristine Lawler
City Clerk
300 Seminary Ave, Ukiah, CA, 95482
E-mail protests are not accepted.

Written protests on the proposed Sewer
Rates must identify the owner(s) or
tenant of the property and provide the
property address. Only one protest per
affected parcel will be considered. If
written protests are presented by owners
from a majority of affected parcels, the
City cannot approve the proposed rate.

Attachment 2

Current Proposed
Rates October 1, 2024
Monthly Service Charge*: $52.38 $59.71
Consumptions Rate (per HCF)
Residential: $3.79 $4.32
Commerical 1: $3.79 $4.32
Commercial 2: $4.13 $4.71
Commercial 3: $8.24 $9.39
Commercial 4: $10.96 $12.49
* Service Charge is per dwelling unit for residential and per ESSFU for commercial accounts (with a minimum charge of 1 ESSFU)
If approved, the sewer rate adjustment will commence October 1, 2024. You are receiving this notification in compliance with California Constitution Article XIII C and D (commonly known as Proposition 218), which requires that all impacted property owner(s) are mailed notice of proposed rate increases at least 45 days prior to a public hearing.

Proposed Sewer Rate Schedule
The City’s Sewer Rates pay all costs necessary to operate and maintain the City’s sewer collection, treatment, and disposal infrastructure.

The proposed Sewer Rates will help enable the City to provide reliable and dependable wastewater collection and treatment service while protecting our streams, creeks, rivers, navigable waterbodies and public health.

Please be advised that pursuant to Government Code Section 53759(d) there is a 120-day statute of limitation for any challenge to the new, increased or extended fee or charge.
------------------------------------------------------------------------------------------------------------------------------------------------------------------ City of Ukiah
300 Seminary Ave
Ukiah, CA 95482
IMPORTANT NOTICE – Sewer Rate Increase

PUBLIC HEARING NOTICE
Attachment 2

2024 Sewer Financial Plan
City of Ukiah
Final Report
July 9, 2024
Attachment 3

July 9, 2024
Mr. Daniel Buffalo
Finance Director
City of Ukiah
300 Seminary Ave
Ukiah CA, 95482
Re: 2024 Sewer Financial Plan
Dear Mr. Buffalo,
Hildebrand Consulting is pleased to present this 2024 Sewer Financial Plan (Financial Plan) for the City of Ukiah’s Sewer Enterprise. We appreciate the assistance provided by you and all of the members of the City staff who participated in the study.

If you or others at the City have any questions, please do not hesitate to contact me at:
[email protected]
(510) 316-0621
We appreciate the opportunity to be of service to the City and look forward to the possibility of doing so again in the near future.

Sincerely,
Mark Hildebrand
Hildebrand Consulting, LLC
Enclosure

City of Ukiah
2024 Sewer Financial Plan Table of Contents
1 TABLE OF CONTENTS

1. INTRODUCTION AND SUMMARY ..................................................................................................................2

1.1. SEWER UTILITY BACKGROUND............................................................................................................................2

1.2. STUDY BACKGROUND.......................................................................................................................................2

1.3. STUDY OBJECTIVES ..........................................................................................................................................3

1.4. STUDY METHODOLOGY.....................................................................................................................................3

2. SEWER ENTERPRISE FINANCIAL PLAN ...........................................................................................................4

2.1. FINANCIAL PLAN ASSUMPTIONS .........................................................................................................................4

2.2. PROJECTED CUSTOMER GROWTH .......................................................................................................................4

2.3. SEWER FUND STRUCTURE .................................................................................................................................5

2.4. SEWER FUND BEGINNING FUND BALANCES ..........................................................................................................5

2.5. RESERVE TARGETS ...........................................................................................................................................6

2.6. REVENUES......................................................................................................................................................6

2.6.1. Current Rate Revenue .......................................................................................................................7

2.6.2. Connection Fee Revenue ...................................................................................................................7

2.6.3. Non-Rate Revenues...........................................................................................................................7

2.7. EXPENSES ......................................................................................................................................................8

2.7.1. Operating and Debt Expenses...........................................................................................................8

2.7.2. Cost Escalation Assumptions.............................................................................................................9

2.7.3. Capital Improvement Program .......................................................................................................10

2.8. PROPOSED RATE STRATEGY .............................................................................................................................10

3. CONCLUSION ..............................................................................................................................................13

LIST OF FIGURES
Figure 1: Sewer Enterprise Revenue Categories (Budget FY 2023/24)......................................... 8 Figure 2: Sewer Enterprise Operating & Debt Expenses (Budget FY 2024/25)............................. 9 Figure 3: Sewer Enterprise Historical and Forecasted Capital Spending .................................. 10 Figure 4: Sewer Enterprise 10-Year Cash Flow Projection.......................................................... 12

City of Jackson
2024 Sewer Financial Plan Table of Contents
2 LIST OF TABLES
Table 1 – Proposed Rates............................................................................................................. 12

LIST OF SCHEDULES
Schedule 1 – Sewer Enterprise Projected Operating and Debt Expenses Schedule 2 - 6-Year Capital Spending Projections
Schedule 3 - Sewer Enterprise Cash Flow Pro Forma

City of Ukiah
2024 Sewer Financial Plan List of Acronyms
1 List of Acronyms
AWWA American Water Works Association
CIP capital improvement program
DCR debt service coverage ratio
ESSFU equivalent sewer service flow unit, a measure of sewer utility service based on the estimated volume of wastewater from an average residential dwelling FY fiscal year (which ends on June 30)
hcf hundred cubic feet (i.e. 748 gallons)
MG million gallons
WEF Water Environment Federation
WWTP Wastewater treatment plant

City of Ukiah
2024 Sewer Financial Plan Introduction
2 1. INTRODUCTION AND SUMMARY
Hildebrand Consulting has been retained by the City of Ukiah (City) to conduct an update to the financial plan for the City’s Sewer Enterprise. This report describes in detail the assumptions, procedures, and results of the study, including conclusions and recommendations.

1.1. SEWER UTILITY BACKGROUND
The City of Ukiah is located within the Ukiah Valley and owns the collection system within a portion of its jurisdictional boundaries and a wastewater treatment plant (WWTP). The City shares costs with the Ukiah Valley Sanitation District (District) associated with the operation, maintenance, and rehabilitation of the sewer collection system and the WWTP, including debt service for the 2020 Refunding Bond.

1.2. STUDY BACKGROUND
The City’s last formal sewer rate study was a joint sewer rate study with the District that was conducted in 2020 (2020 Joint Study1), which addressed both the revenue requirements of the City’s sewer enterprise as well as the balance of cost sharing between the City and the District.

The 2020 Joint Study recommended a series of modest sewer rate increases for the City. The 2020 Joint Study assumed an average of about $600 thousand in annual capital spending for the City. In reality the City has spent well over an average of $1 million per year over the past three years.
1 City of Ukiah and Ukiah Valley Sanitation District 2020 Joint Sewer Rate Study, Hildebrand Consulting, April 24, 2020

City of Ukiah
2024 Sewer Financial Plan Introduction
3 1.3. STUDY OBJECTIVES
The purpose of this Study is to develop new 10-year projections of operating and capital expenses in order to create a financial plan, including a rate increase recommendation for Fiscal Year 2024/25, which will generate sufficient revenue to meet the Sewer Enterprise’s financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements while maintaining prudent reserves.

1.4. STUDY METHODOLOGY
This Study applied methodologies that are aligned with industry standard practices for rate setting as laid out in the AWWA M1 Manual, and applicable law, including California Constitution Article XIII D, Section 6(b), commonly known as Proposition 218.

The Study began with a review of the Sewer Enterprises’ current financial dynamics and the latest available data for the utilities’ operations. A multi-year financial management plan was then developed to determine the level of annual rate revenue required to cover projected annual operating expenses, debt service (including coverage targets), and capital cost requirements while maintaining adequate reserves. This portion of the Study was conducted using MS Excel©-based financial planning models which were customized to reflect financial dynamics and latest available data for the City’s operations in order to develop a long-term financial management plan, inclusive of projected annual revenue requirements and corresponding annual rate adjustments.

While this Study did not include an update to the cost-of-service analysis (COSA), a comprehensive COSA was completed as part of the 2018 Study.

City of Ukiah
2024 Sewer Financial Plan Financial Plan
4 2. SEWER ENTERPRISE FINANCIAL PLAN
This section presents the 2024 Financial Plan for the City’s Sewer Enterprise, including a description of the source data, assumptions, and City’s financial policies. The City has provided Sewer Enterprise actual spending data for FY 2022/23 and budgeted financial information for FY 2023/24 and FY 2024/25, including recent actual operating costs, budgeted operating costs, and forecasted capital spending. City staff also assisted in confirming other assumptions and policies, such as reserve targets and escalation rates for operating costs (all of which are described in the following subsections).

The Sewer Enterprise’s rate revenue requirement is the amount of revenue needed from sewer rates to cover planned operating, maintenance, debt service, and capital program costs with consideration of other revenues and financial reserves.

2.1. FINANCIAL PLAN ASSUMPTIONS
The financial plan is an annual cash flow model. As a cash flow model, it differs from standard accounting income statements, and balance sheets. This update to the Sewer Enterprise financial plan reflects the FY 2024/25 budgeted expenses and estimated financial conditions as of the beginning of the fiscal year. The financial plan also reflects the Sewer Enterprise’s debt service obligations and capital improvement program, as identified by City staff, during the planning period that extends through FY 2033/34. The financial plan is based on the best available information and reasonable assumptions; future estimates have been reviewed with staff and are believed to be reasonable.

2.2. PROJECTED CUSTOMER GROWTH
This Study assumes that the annual growth rate will average 1.0 percent for the next 10 years.

The customer growth rate is relevant to this financial plan to the extent that (1) an increase in the customer base results in an increase in rate revenue and (2) growth results in connection fee revenue that can contribute to funding capital projects.

City of Ukiah
2024 Sewer Financial Plan Financial Plan
5 2.3. SEWER FUND STRUCTURE
The City’s sewer utility is comprised of five funds that are used to manage the sewer utility’s use of funds in a transparent manner. The following describes the purpose of each fund and how this Study’s financial plan model reflected the use of those funds.

Fund 840 – The Sewer Operating Fund is the primary operating fund of the City’s sewer utility and tracks most operating and maintenance expenditures that are shared by the City and the District. Fund 840 also collects all revenue (including rate revenue) that is designated for the City.

Fund 841 – The Sewer Debt Service Fund is used to track all existing debt and is used as a “clearing fund” to allocate those costs, as appropriate, to Fund 840.

Fund 842 – The Sewer Rate Stabilization Fund holds reserves, including reserves that are conditions for debt.

Fund 843 – The Sewer Connection Fee Fund holds funds from connect fee revenues, reserves, which are restricted for the purpose of paying for growth-related sewer system capital projects.

Fund 844 – The Sewer Capital Reserve holds unrestricted funds for the use of paying for encumbered capital projects.

While the financial plan model for this Study was developed with an understanding of these funds, the model did not attempt to replicate the internal movement of all moneys between funds.

2.4. SEWER FUND BEGINNING FUND BALANCES
The financial plan model is based on the fund structure currently used by the City. The starting cash balance in all funds associated with the Sewer Enterprise at the beginning of FY 2023/24 was about $2.87 million, which includes the Operating Fund (Fund 840), the Connection Fee

City of Ukiah
2024 Sewer Financial Plan Financial Plan
6 Fund (Fund 843), Rate Stabilization Fund (Fund 842) and the Sewer Capital Reserve Fund (Fund 844) which includes the remaining bond proceeds from a 2020 Bond.

2.5. RESERVE TARGETS
Reserves for utilities are cash balances that are maintained in order to (a) comply with contractual obligations (e.g. bond covenants), (b) protect the utility from unexpected financial events, and/or (c) accommodate operational and capital program cash flow needs. Often multiple reserves are maintained, each with a specific function. In addition to the direct benefits of financial stability, reserves can help utilities obtain higher credit rankings, which can then help qualify the utility for cheaper debt. Credit rating agencies evaluate utilities on their financial stability, which includes adherence to formally adopted reserve targets.

The City has adopted financial management policies which include guidance with respect to reserve levels. The City’s policies call for City enterprise funds (including the sewer utility) to maintain a minimum working capital balance of at least 25 percent of operating expenses. The primary purpose of this balance is to set aside funds to maintain cash balances sufficient to pay expenses as needed and to provide for unanticipated or emergency expenses that could not be reasonably foreseen during the preparation of the budget.

The City’s financial policies also require that fund balances and retained earnings should be sufficient to meet debt service reserve requirements, reserves for encumbrances, funding requirements for projects approved in prior years that are carried forward and established rate stabilization reserves.

The above policy is generally consistent with Consultant’s industry experience for similar systems. In the future, it is recommended that the City consider creating a Capital Reserve which would be used to smooth the inherent variability of the capital spending program.

2.6. REVENUES
The following addresses the various forms of revenue received by the Sewer Enterprise.

City of Ukiah
2024 Sewer Financial Plan Financial Plan
7 2.6.1. CURRENT RATE REVENUE
Rate revenue is the revenue generated from customers for sewer service. All customers pay a fixed monthly Service Charge and a Consumption Rate. Residential customers pay a Service Charge for each dwelling unit while Commercial customers will pay a Service Charge for each “equivalent sewer service flow unit”
2 (ESSFU). The Consumption Rate for all customers is
determined by multiplying the account’s winter water usage by the respective Consumption Rate for the customer classification (which accounts for sewer strength). Water usage is measured in hundreds of cubic feet (“HCF”) which is equal to 748 gallons.

This financial plan uses budgeted rate revenue for FY 2022/23 as a baseline and incorporates the revenue increases that are anticipated for the rate increases that were previously adopted for FY 2023/24 and FY 2024/25 (1 percent increase each year). Budgeted and projected rate revenues are listed in Schedule 3.

2.6.2. CONNECTION FEE REVENUE
The City charges a connection fee to new development as a condition for connecting to the sewer system. By law (see California Government Code 66013), connection fee revenue is required to be used “solely for the purposes for which the charges were collected” (i.e. growthrelated capital projects). As explained in the 2020 Joint Rate Study, the City uses available connection fee revenues to pay growth-related capital projects and debt service.

2.6.3. NON-RATE REVENUES
In addition to rate revenue and connection fee revenue, the Sewer Enterprise is reimbursed by the District for its portion of operating costs and debt service on the 2020 Refunding Bond (see Section 1.1) and the City also collects miscellaneous fees and interest earnings on investments. Estimates of future interest income were calculated annually based upon 2 ESSFUs are calculated based on water usage from the previous winter. A minimum of one (1) ESSFU is assigned to each commercial account.

City of Ukiah
2024 Sewer Financial Plan Financial Plan
8 estimated average fund balances and historic effective return on cash and invested funds (0.5% in this case). Projections of all other non-rate revenues were based on FY 2022/23 actual revenues.

All revenues for the District are depicted below and detailed in Schedule 3.

Figure 1: Sewer Enterprise Revenue Categories (Budget FY 2023/24)

2.7. EXPENSES
The following subsections describe current and projected Sewer Enterprise expenditures.

2.7.1. OPERATING AND DEBT EXPENSES
The Sewer Enterprise’s expenses include operating and maintenance expenses, debt service, and capital spending. Capital spending is addressed separately in Section 2.7.3. Future operating and maintenance expenses were projected based upon the budgeted expenditures from FY 2024/25 and adjusted for inflation (see Section 2.7.2). The threelargest cost categories

City of Ukiah
2024 Sewer Financial Plan Financial Plan
9 include employee costs, debt service, and the internal allocation for support services provided by other City departments. The Sewer Fund’s primary debt obligation is the 2020 Refunding Bond. The City also pays a portion of the City’s 2022 Lease Revenue Bond.

Major budgeted expense categories for FY 2023/24 are depicted in Figure 2. Budgeted and projected operating and maintenance costs as well as debt service expenses are listed in detail in Schedule 1.

Figure 2: Sewer Enterprise Operating & Debt Expenses (Budget FY 2024/25)

2.7.2. COST ESCALATION ASSUMPTIONS
Annual cost escalation factors for the various types of expenses were developed based upon a review of historical inflation trends, published inflation forecasts, industry experience, and discussions with City staff. During the projection period, all operating expenses are projected Salaries and Benefits

24.4%
Professional Services

11.1%
Operating Supplies

2.9%
Utilities and Chemicals

8.2%
Other Operating Costs

6.7%
Billing

1.8%
Internal Allocation

21.6%
Debt Service

23.3%

City of Ukiah
2024 Sewer Financial Plan Financial Plan
10 to increase at 4.0 percent per year. These inflation assumptions are slightly higher than longterm historical inflation rates in order to reflect recent inflation trends.

2.7.3. CAPITAL IMPROVEMENT PROGRAM
Figure 3 shows that from FY 2020/21 through FY 2023/24 the City has spent an average of about $1.0 million per year for capital projects to rehabilitate or improve the sewer system. In comparison, the 2020 Joint Rate Study had forecasted an average annual spending rate of about $600 thousand. The forecasted average spending from FY 2025/26 through FY 2028/29 is about $1.4 million per year. Starting in FY 2029/30 this financial plan assumes that the annual capital spending will be $1 million (in 2024 dollars).

Figure 3: Sewer Enterprise Historical and Forecasted Capital Spending

2.8. PROPOSED RATE STRATEGY
All of the above information was entered into a financial planning model to produce a projection of revenue requirements.While the scope of this Study examines a 10-year financial planning horizon, the proposed rate increase is limited to just one year (FY 2024/25) since the City is expecting to conduct another joint rate study with the District in the coming year.

City of Ukiah
2024 Sewer Financial Plan Financial Plan
11 Based on the previously discussed financial data, assumptions, policies, this Study proposes a 14 percent rate increase for FY 2024/253. A rate increase of this magnitude is necessary in order to address the cash flow requirements of the capital program, but more importantly the Sewer Enterprise needs to increase rate revenue in order to meet its debt coverage ratio4 (DCR) obligations for the 2020 Refunding Bond.

Due to the immediacy of the Sewer Enterprise’s DCR needs, this Study recommends using all available Rate Stabilization Funds ($561 thousand) to temporarily increase the DCR in FY 2023/24. While the FY 2024/25 DCR is forecasted to be lower than it should be, the proposed rate increase will correct the coverage in the following year. The financial plan recommends building back up the Rate Stabilization Fund starting in FY 2027/28 (see Row 26 of Schedule 3).

The numbers provided in Schedule 3 (cash flow proforma) are summarized graphically in Figure 4, which shows the Sewer Fund target reserves being met through-out the planning period and the DCR being met over time.

Given that it is too late to implement the rate increase on July 1, 2024, it is recommended that the rate increase be implemented on October 1, 2024. The proposed schedule of rates is provided in Table 1. The basis for the existing rate structure was established by the 2020 Joint Rate Study.
3 To be clear, this is in addition to the 1 percent rate increase that was previous adopted for July 1, 2024. 4 The Debt Coverage Ratio is a measure of the Sewer Enterprise’s available cash flow to pay current debt obligations. The 2020 Refund Bond requires a minimum DCR of 1.2. It is recommended that the Sewer Enterprise target a DCR above 1.5 in order to improve its credit rating.

City of Ukiah
2024 Sewer Financial Plan Financial Plan
12 Figure 4: Sewer Enterprise 10-Year Cash Flow Projection Table 1 – Proposed Rates
FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 Proposed
Proposed Rate Revenue Increases: 14.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% Debt Coverage Ratio: 1.21 1.19 1.35 1.28 1.23 1.31 1.54 1.64 1.75 1.86 Projected
$0
$1
$2
$3
$4
$5 MILLIONS
Projected Fund Balance Reserve Targets
$0
$2
$4
$6
$8
$10
$12
$14
FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 Total Revenue / Expenses ($M) Expenses Revenues Current Proposed
Rates October 1, 2024
Monthly Service Charge*: $52.38 $59.71
Consumptions Rate (per HCF)
Residential: $3.79 $4.32
Commerical 1: $3.79 $4.32
Commercial 2: $4.13 $4.71
Commercial 3: $8.24 $9.39
Commercial 4: $10.96 $12.49
* Service Charge is per dwelling unit for residential and per ESSFU for commercial accounts (with a minimum charge of 1 ESSFU) Page 270 of 482 City of Ukiah
2024 Sewer Financial Plan Conclusion
1 13

3. CONCLUSION
This 2024 Sewer Financial Plan finds that the Sewer Fund needs to increase sewer rates immediately in order to meet DCR obligations. Additional rate increases will likely be required the following fiscal year (FY 2025/26), as will be assessed by an anticipated joint rate study with the District in the coming year.

The sewer rate increase will need to be adopted in accordance with Proposition 218, which will require a detailed notice describing the proposed sewer rates to be mailed to each affected property owner or customer at least 45 days prior to conducting a Public Hearing to adopt the rates.

This Report used methodologies that are aligned with industry standard practices for rate setting as promulgated by the AWWA, WEF, and all applicable laws, including California’s Proposition 218.

City of Ukiah
2024 Sewer Financial Plan Schedules
1 SCHEDULES
_____________________________________________________
Schedule 1: Sewer Enterprise Projected Operating and Debt Expenses Schedule 2: 6-Year Capital Spending Projections
Schedule 3: Sewer Enterprise Cash Flow Pro Forma

City of Ukiah
2024 Sewer Financial Plan Schedules
1 Schedule 1
Budgeted and Projected Cash Outflows Schedule 1
Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 1 REGULAR SALARIES & WAGES $1,476,700 $1,385,300 $1,440,700 $1,498,300 $1,558,300 $1,620,600 $1,685,500 $1,752,900 $1,822,900 $1,895,900 2 OVERTIME SALARIES & WAGES $89,000 $75,000 $78,000 $81,100 $84,300 $87,700 $91,200 $94,900 $98,700 $102,600 3 STAND-BY SALARIES & WAGES $38,400 $29,000 $30,100 $31,400 $32,600 $33,900 $35,300 $36,700 $38,200 $39,700 4 RETIREMENT (PERS) $185,700 $173,600 $180,500 $187,600 $195,100 $203,000 $211,100 $219,500 $228,300 $237,500 5 PERS UNFUNDED LIABILITY $293,000 $328,500 $341,600 $355,300 $369,600 $384,300 $399,700 $415,700 $432,300 $449,600 6 INSURANCE $289,700 $308,800 $321,100 $333,900 $347,300 $361,200 $375,600 $390,600 $406,300 $422,500 7 WORKERS COMP $102,600 $70,600 $73,400 $76,400 $79,400 $82,500 $85,900 $89,300 $92,800 $96,600 8 MEDICARE $20,700 $19,100 $19,900 $20,700 $21,500 $22,400 $23,300 $24,200 $25,200 $26,200 9 CELL PHONE STIPEND $4,100 $5,100 $5,300 $5,500 $5,700 $6,000 $6,300 $6,400 $6,700 $7,000 10 CONTRACTUAL SERVICES $398,000 $407,000 $423,300 $440,200 $457,800 $476,100 $495,200 $515,100 $535,600 $557,000 11 COMPLIANCE STUDIES $2,000 $2,000 $2,100 $2,200 $2,200 $2,300 $2,400 $2,500 $2,600 $2,700 12 LEGAL SERVICES/EXPENSES $5,000 $5,000 $5,200 $5,400 $5,600 $5,800 $6,100 $6,300 $6,600 $6,800 13 SECURITY SERVICES $1,300 $1,300 $1,400 $1,400 $1,500 $1,500 $1,600 $1,600 $1,700 $1,800 14 SUPPLIES $130,000 $170,000 $176,800 $183,900 $191,200 $198,900 $206,800 $215,100 $223,800 $232,600 15 POSTAGE $400 $400 $400 $400 $400 $500 $500 $500 $500 $500 16 SMALL TOOLS $32,000 $32,000 $33,300 $34,600 $36,000 $37,400 $38,900 $40,500 $42,100 $43,800 17 LAB SUPPLIES $22,500 $15,000 $15,600 $16,200 $16,900 $17,500 $18,200 $19,000 $19,700 $20,500 18 BACKGROUND & PHYSICALS $2,500 $2,500 $2,600 $2,700 $2,800 $2,900 $3,000 $3,100 $3,300 $3,400 19 SOFTWARE $15,300 $11,800 $12,300 $12,700 $13,200 $13,800 $14,300 $14,900 $15,500 $16,100 20 COMPUTER AND TECHNOLOGY $18,500 $6,500 $6,800 $7,000 $7,300 $7,600 $7,900 $8,300 $8,600 $8,900 21 TELEPHONE $9,200 $9,200 $9,600 $10,000 $10,300 $10,700 $11,200 $11,600 $12,100 $12,600 22 PG&E $70,000 $70,000 $72,800 $75,700 $78,700 $81,900 $85,200 $88,600 $92,100 $95,800 23 UTILITIES $302,500 $441,100 $458,800 $477,100 $496,200 $516,100 $536,700 $558,100 $580,500 $603,700 24 EQUIPMENT MAINTENANCE & REPAIR $415,000 $415,000 $431,600 $448,800 $466,800 $485,400 $504,900 $525,100 $546,100 $567,900 25 LAB EQUIP-REPAIR & MAINT. $15,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 26 EXTERNAL SERVICES $35,000 $35,000 $36,400 $37,800 $39,300 $40,900 $42,600 $44,300 $46,100 $47,900 27 FUEL & FLUIDS $60,000 $60,000 $62,400 $64,800 $67,400 $70,200 $73,000 $76,000 $79,000 $82,200 28 BUILDING MAINT. & REPAIR $71,000 $96,000 $99,800 $103,900 $108,000 $112,300 $116,800 $121,500 $126,300 $131,400 29 EQUIPMENT RENTAL - PRIVATE $9,000 $13,000 $13,500 $14,100 $14,600 $15,200 $15,800 $16,400 $17,100 $17,700 30 FACILITY MAINTENANCE & REPAIR $25,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 31 LEARNING AND DEVELOPMENT $42,000 $42,000 $43,700 $45,400 $47,200 $49,100 $51,100 $53,200 $55,300 $57,500 32 MEMBERSHIPS & SUBSCRIPTIONS $3,000 $2,000 $2,100 $2,200 $2,200 $2,300 $2,400 $2,500 $2,600 $2,700 33 TREATMENT PLANT CHEMICALS $338,200 $360,200 $374,600 $389,600 $405,200 $421,400 $438,200 $455,800 $474,000 $493,000 34 GARAGE LUBRICANTS & PARTS $6,000 $4,000 $4,200 $4,300 $4,500 $4,700 $4,900 $5,100 $5,300 $5,500 35 PROPERTY TAXES PAID $8,000 $8,000 $8,300 $8,700 $9,000 $9,400 $9,700 $10,100 $10,500 $10,900 36 FEES $45,500 $93,200 $96,900 $100,800 $104,800 $109,000 $113,300 $117,900 $122,500 $127,500 37 GRANTS ISSUED $35,000 $35,000 $36,400 $37,900 $39,400 $40,900 $42,600 $44,300 $44,300 $44,300 38 PURCHASING ALLOCATION $50,400 $46,300 $48,100 $50,100 $52,100 $54,200 $56,300 $58,600 $60,900 $63,400 39 PURCHASING - BUYER SERVICES $18,000 $10,100 $10,500 $11,000 $11,400 $11,900 $12,300 $12,800 $13,300 $13,900 40 BILLING & COLLECTION ALLOCATIO $162,400 $200,200 $208,200 $216,500 $225,100 $234,200 $243,500 $253,300 $263,400 $274,000 41 RENT ALLOCATION $15,700 $16,500 $17,200 $17,800 $18,600 $19,300 $20,100 $20,900 $21,700 $22,600 42 BUILDING MAINTENANCE ALLOCATIO $10,800 $9,100 $9,400 $9,800 $10,200 $10,600 $11,000 $11,500 $11,900 $12,400 43 IT ALLOCATION $139,000 $119,000 $123,700 $128,700 $133,800 $139,200 $144,700 $150,600 $156,500 $162,800 44 CORP YARD ALLOCATION $261,200 $246,900 $256,800 $267,000 $277,700 $288,800 $300,400 $312,400 $324,900 $337,900 45 INSURANCE ALLOCATION $490,900 $751,900 $782,000 $813,300 $845,800 $879,700 $914,800 $951,400 $989,500 $1,029,000 46 GARAGE ALLOCATION $113,500 $120,200 $124,900 $130,000 $135,200 $140,600 $146,300 $152,000 $158,200 $164,500 47 DISPATCH $24,700 $30,700 $32,000 $33,200 $34,600 $36,000 $37,400 $38,900 $40,500 $42,100 48 ADMIN & OVERHEAD ALLOCATION $414,100 $378,400 $393,500 $409,100 $425,500 $442,600 $460,200 $478,600 $497,700 $517,600 49 TRANSFER TO FUND 830 $305,000 $300,000 $312,000 $324,500 $337,500 $351,000 $365,000 $379,600 $394,800 $410,600 Debt Service
50 2022 Refunding Bond $1,834,000 $1,828,000 $1,823,000 $1,819,000 $1,811,000 $1,806,000 $1,800,000 $1,796,000 $1,791,000 $1,784,000 51 2022 Lease Revenue Bonds $178,000 $178,000 $178,000 $178,000 $396,000 $397,000 $395,000 $396,000 $396,000 $396,000 52 $8,634,500 $8,967,500 $9,240,800 $9,526,000 $10,036,800 $10,346,500 $10,664,200 $11,000,200 $11,345,500 $11,703,100 Page 273 of 482 City of Ukiah
2024 Sewer Financial Plan Schedules
1 Schedule 2
6-year Sewer Capital Spending Schedule Schedule 2
Project Name City District FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Reseal Wash Water Basins 100% $60,000
Recondition Levees 49.71% 50.29% $200,000
Replace Water and Sewer Main - PZ1 to Bush 100% $1,500,000 Replace Water/Sewer Operations Call Truck - Shared Cost 49.71% 50.29% $40,000 Replace Water/Sewer Operations Lead Worker Truck - Shared Cost 49.71% 50.29% $22,500 Asphalt Roller -Shared Cost 49.71% 50.29% $66,000
Asphalt Paver - Shared Cost 49.71% 50.29% $70,000
Loader Replacement 49.71% 50.29% $110,000
Digester Rehabilitation and Methane Scrubber 49.71% 50.29% $1,500,000 Replace Ford Ranger 49.71% 50.29% $55,000
Vichy Springs Lift Station Upgrade 100% $400,000
New Sodium Hypochlorite Tanks 49.71% 50.29% $100,000
Bisulfite Tank 49.71% 50.29% $100,000
Solids Conveyor 49.71% 50.29% $950,000
CalTrans LPP Grant Project to be paid by remaining bond proceeds 100% $750,000 $2,399,000 Total: $860,000 $2,399,000 $2,377,500 $1,050,000 $136,000 $1,500,000 Total Paid By City: $805,000 $2,495,000 $1,096,000 $587,000 $79,000 $1,825,000 Total Paid By District: $55,000 $0 $1,476,000 $594,000 $80,000 $0 1 Percentages based on current cost sharing ratios. These values may change with future updates. 2 Expressed in 2024 dollars
Cost Sharing1 Cost2

City of Ukiah
2024 Sewer Financial Plan Schedules
1 Schedule 3
Sewer Enterprise Cash Flow Proforma Schedule 3
Actual Budget Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 FY2033 1 Rate Revenue Increase: 14.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Rate Revenue
2 Service Charge Revenue $5,336,966 $5,390,000 $5,444,000 $6,260,000 $6,573,000 $6,902,000 $7,247,000 $7,609,000 $7,989,000 $8,389,000 $8,809,000 3 Change due to growth & use $54,000 $63,000 $66,000 $69,000 $72,000 $76,000 $80,000 $84,000 $88,000 4 Increase due to rate adjustments $635,000 $250,000 $263,000 $276,000 $290,000 $304,000 $320,000 $336,000 $352,000 Non-Rate Revenues
5 Interest Earnings ($2,000) $21,000 $13,000 $12,000 $10,000 $11,000 $15,000 $11,000 $10,000 $11,000 $12,000 6 Connection Fees $874,000 $460,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 7 Operating Revenue $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 8 District Reimbursement $2,587,000 $2,622,000 $2,696,000 $2,856,000 $2,963,000 $3,075,000 $3,204,000 $3,345,000 $3,493,000 $3,647,000 $3,807,000 9 Total Revenue $8,803,966 $8,501,000 $9,350,000 $9,949,000 $10,383,000 $10,841,000 $11,336,000 $11,853,000 $12,400,000 $12,975,000 $13,576,000 O&M Costs
10 Salaries and Benefits $2,133,000 $2,103,000 $2,010,000 $2,091,000 $2,175,000 $2,262,000 $2,352,000 $2,446,000 $2,544,000 $2,646,000 $2,751,000 11 Professional Services $975,000 $960,000 $971,000 $1,010,000 $1,051,000 $1,093,000 $1,136,000 $1,182,000 $1,229,000 $1,278,000 $1,329,000 12 Operating Supplies $196,000 $251,000 $281,000 $293,000 $304,000 $317,000 $329,000 $342,000 $356,000 $370,000 $385,000 13 Utilities and Chemicals $726,000 $711,000 $871,000 $906,000 $942,000 $980,000 $1,019,000 $1,060,000 $1,103,000 $1,147,000 $1,192,000 14 Other Operating Costs $609,000 $574,000 $573,000 $595,000 $619,000 $644,000 $670,000 $697,000 $724,000 $753,000 $784,000 15 Billing $130,000 $159,000 $200,000 $208,000 $217,000 $225,000 $234,000 $244,000 $253,000 $263,000 $274,000 16 Settlement Agreement Exp $1,030,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 17 Internal Allocation $1,921,000 $1,863,000 $2,054,000 $2,136,000 $2,221,000 $2,310,000 $2,403,000 $2,499,000 $2,599,000 $2,701,000 $2,807,000 18 Total Operating Expenses $7,720,000 $6,621,000 $6,960,000 $7,239,000 $7,529,000 $7,831,000 $8,143,000 $8,470,000 $8,808,000 $9,158,000 $9,522,000 Capital Costs
19 Total Capital Spending $299,000 $860,000 $2,495,000 $2,572,000 $1,181,000 $159,000 $1,825,000 $1,265,000 $1,316,000 $1,369,000 $1,423,000 20 Available Bond Proceeds $2,827,262 $2,530,216 $1,780,216 $0 $0 $0 $0 $0 $0 $0 $0 21 Existing Debt Service $2,028,000 $2,013,000 $2,006,000 $2,001,000 $1,997,000 $2,207,000 $2,203,000 $2,195,000 $2,192,000 $2,187,000 $2,180,000 22 City Funded Capital Projects (cash) $0 $55,000 $715,000 $1,096,000 $587,000 $79,000 $1,825,000 $1,265,000 $1,316,000 $1,369,000 $1,423,000 23 District Funded Capital Projects (cash) $2,000 $55,000 $0 $1,476,000 $594,000 $80,000 $0 $0 $0 $0 $0 24 Debt Funded Capital Projects $297,000 $750,000 $1,780,000 $0 $0 $0 $0 $0 $0 $0 $0 25 Total Capital and Debt Expenses $2,028,000 $2,068,000 $2,721,000 $3,097,000 $2,584,000 $2,286,000 $4,028,000 $3,460,000 $3,508,000 $3,556,000 $3,603,000 Other Sources
26 Use of/(Transfer to) Rate Stabilization Fund $561,600 ($300,000) ($300,000) ($300,000) 27 Total Revenue Requirement $9,748,000 $8,689,000 $9,681,000 $10,336,000 $10,113,000 $10,117,000 $12,171,000 $11,930,000 $12,316,000 $12,714,000 $13,125,000 28 Beginning Year Balance (all funds*) $4,538,171 $2,869,000 $2,681,000 $2,350,000 $1,963,000 $2,233,000 $2,957,000 $2,122,000 $2,045,000 $2,129,000 $2,390,000 29 Surplus/(Shortfall) ($944,034) ($188,000) ($331,000) ($387,000) $270,000 $724,000 ($835,000) ($77,000) $84,000 $261,000 $451,000 30 End of Year Balance $3,594,137 $2,681,000 $2,350,000 $1,963,000 $2,233,000 $2,957,000 $2,122,000 $2,045,000 $2,129,000 $2,390,000 $2,841,000 31 Reserve Target $1,930,000 $1,655,000 $1,740,000 $1,810,000 $1,882,000 $1,958,000 $2,036,000 $2,118,000 $2,202,000 $2,290,000 $2,381,000 Debt Coverage Calculations
32 Total Revenue Available for Debt Service $1,083,966 $2,441,600 $2,390,000 $2,710,000 $2,554,000 $2,710,000 $2,893,000 $3,383,000 $3,592,000 $3,817,000 $4,054,000 33 Total Yearly Parity Debt Payment $2,028,000 $2,013,000 $2,006,000 $2,001,000 $1,997,000 $2,207,000 $2,203,000 $2,195,000 $2,192,000 $2,187,000 $2,180,000 34 Debt Coverage Ratio 0.53 1.21 1.19 1.35 1.28 1.23 1.31 1.54 1.64 1.75 1.86 * includes restricted connection fee funds and bond proceeds Page 275 of 482

Agenda Item No: 14.a.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-535

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction, by Title Only, of Ordinance Establishing Procedures for Adopting and Imposing Development Mitigation Fees on behalf of the Ukiah Valley Fire District.

DEPARTMENT: Fire PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney; Douglas Hutchison, Fire Chief
ATTACHMENTS:

1. Fire Development Mitigation Fee Ordinance

2. UVFA Nexus Study Public Review Draft v1.1
Summary: The Council will consider introducing, by title only, the ordinance establishing procedures for adopting and imposing development mitigation fees on behalf of the Ukiah Valley Fire District.

Background: To continue to provide service to new development within the Ukiah Valley Fire District, the Fire District requested the County of Mendocino to adopt Fire Impact Fees on behalf of the Fire District in 2008.

These fees are intended to help offset the cost of providing service for new development. These are one-timeonly fees charged for new developments. Since then, the fees have remained the same. In 2017, the City of Ukiah and the Ukiah Valley Fire District entered a Joint Powers Agreement for fire protection services in the greater Ukiah Valley. The Fire District overlayed the City of Ukiah in 2022. As a part of the overlay, a nexus study was conducted on the current impacts of new developments on the Ukiah Valley Fire Authority. This study (Attached here as Attachment 2) recommended an increase in the Fire Impact Fees collected on new developments to keep pace with the increased cost of providing new services, including but not limited to new capital and vehicle acquisition costs. Fire Impact Fees are regulated under the California Mitigation Fee Act, Govt Code sections 66000-66008.

The Fire District Board, pursuant to the nexus study, has drafted a resolution requesting the City Council to adopt the fees within the city limits on the Fire District's behalf. Before the City adopts and imposes these development mitigation fees on behalf of the Fire District, the City must adopt an ordinance that establishes procedures for adopting and imposing development mitigation fees on behalf of the Fire District ("Ordinance").

Discussion: The Ordinance, attached hereto as Attachment 1 and modeled substantially after the procedures used by the County of Mendocino for adoption and imposition of development mitigation fees on behalf of the Fire District, sets forth procedures that the Fire District and City of Ukiah must follow prior to adopting and imposing development impact fees on building permits applied for and issued in the city. The development impact fees are intended to address the impact of new development on the District's ability to provide adequate fire prevention services and to keep pace with the increased costs associated with providing services to new developments. Most of the requirements apply to the Fire District and involve annual adoption of resolutions setting forth the necessity of the fees and reporting on the use of the fees.

Before the City can impose the development mitigation fee on behalf of the Fire District, the Ordinance requires that the District adopt a resolution making specific findings that the fees are necessary to preserve public health and safety in light of the increased demands for fire services and costs of fire prevention facilities and equipment. The resolution must also request that the City adopt these development mitigation fees on

behalf of the District and state that such fees shall only be used to expand the availability of capital facilities and equipment to provide fire services to new development projects. The Ordinance also requires that the Fire District report annually on fee revenue received, account balances, and the amount and type of expenditures made from the fee revenue account. The Ordinance also requires that the Board of Directors for the Fire District adopt a capital fire facility and equipment plan in compliance with Government Code Section 66002 at a noticed public hearing. Furthermore, the Fire District is required to adopt an updated resolution annually that makes the required findings of necessity and identifying the fire protection development mitigation fees requested by the Fire District.

Once the City Council adopts via resolution the development mitigation fees on behalf of the Fire District, these fees will be paid by applicants for building permits or other permits for development projects. The Ordinance sets forth the types of projects requiring building permits that will be exempt from imposition of the Fire District's development mitigation fees. Fire District has the responsibility to collect or accept payment of the fees for the District. The Ordinance authorizes the City and District to include in a fire protection development mitigation fee a component that reflects the City’s and District's reasonable costs of administering the fee and complying with all laws, ordinances, and regulations related to the fee.

Finally, the Ordinance states that the City will cease collecting the development mitigation fees on behalf of the Fire District in the event that the District fails to adopt its required annual resolution making findings of necessity and requesting that the City adopt the fees on its behalf. Alternatively, the District may adopt a resolution requesting that the City cease collecting the fees.

Recommended Action: Introduce, by title only, the Ordinance establishing procedures for adopting and imposing development mitigation fees on behalf of the Ukiah Valley Fire District.

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: Ukiah Valley Fire District Board of Directors DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

ORDINANCE NO.X

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AND

IMPLEMENTING A FIRE DISTRICT DEVELOPMENT MITIGATION FEE The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. Adequate fire protection facilities and equipment must be available to serve new development projects.

2. New development projects require the construction or expansion of the Ukiah Valley Fire District’s fire protection facilities and the acquisition of additional equipment.

3. It is necessary to expand the District’s current facilities, apparatus, and equipment needed to maintain its existing level of service; no capacity exists to serve new development.

4. If the District’s fire system capacity is not increased to satisfy the additional demand, the quality and responsiveness of the District’s fire protection and emergency response services will deteriorate.

5. The above conditions pose a risk to the health and safety of the citizens of the City of Ukiah that are served by the District.

6. Fire impact fees are necessary to ensure that the District can adequately fund its fire protection facilities, apparatus, and equipment necessary to mitigate the impacts, in particular the population and employment growth and new structural area, caused by new development within the District’s service area.

7. The District has requested the City of Ukiah to establish and administer a development mitigation fee because Fire Districts lack statutory authority to independently impose development impact mitigation fees.

8. The District has prepared all of the supporting documentation to support the findings required to establish the fee, collect the fee and comply with all necessary reporting and accounting procedures for the fee, including the documentation necessary to comply with the California Mitigation Fee Act (Government Code §§ 66000- 66025).

SECTION TWO.

Chapter 15 is hereby added to Division 1 of the Ukiah City Code and shall read as follows:

CHAPTER 15 FIRE DISTRICT DEVELOPMENT MITIGATION FEE
Attachment 1

§ 2090 PURPOSE
The purpose of this Chapter is to establish and implement a procedure for the adoption of fire protection development mitigation fees for the Ukiah Valley Fire District and to ensure the assessment and collection of these fees in connection with the issuance of building permits. The fire protection development mitigation fees are to be allocated to the Fire District for the acquisition of capital facilities and equipment in order to ensure the provision of the capital facilities and equipment necessary to maintain current levels of fire protection services that are required as the result of new development projects.
§ 2091 DEFINITIONS
As used in this Chapter, the following definitions shall apply:

A. “City Council” means the City Council of the City of Ukiah.

B. “City Clerk” means the City Clerk for the City of Ukiah.

C. “Development project” means any construction for which a building permit or other permit is needed from the City’s Building Department.

D. “Fire District” means the Ukiah Valley Fire District.

E. “Fire District Board” means the Board of Directors of the Ukiah Valley Fire District. § 2092 REQUIRED ACTIONS OF THE FIRE DISTRICT
This Chapter shall be applicable to development within the boundaries of the Fire District which are within the City of Ukiah when the following events occur:

A. The Fire District Board adopts a resolution making the following findings:

1. The Fire District does not have existing fire protection facilities and equipment that could be used to provide an adequate level of services to new development projects within the district’s boundaries;

2. The Fire District does not have sufficient funds available to construct additional facilities and purchase equipment from fund balances, capital facility funds, property tax sources, fire suppression assessments, or any other available sources; and

3. The lack of additional fire protection facilities and equipment to serve new development projects would create a situation that is dangerous to the public health and safety if fire mitigation fees are not levied within the fire district.

B. The Fire District further resolves as follows:

1. The Fire District requests that the City impose a specified fire protection development mitigation fee on the Fire District’s behalf on applicants for development projects;

2. Fire protection development mitigation fees imposed under this Chapter shall only be used to expand the availability of capital facilities and equipment to provide fire services to new development projects;

3. The Fire District shall place all funds collected under this Chapter and all interest subsequently accruing on these funds in a separate budget accounting category only for those purposes of providing capital improvements and equipment to serve new development projects;

4. The Fire District shall spend funds from the "fire district development mitigation fee" budget accounting category only for those purposes of providing capital improvements and equipment to serve new development projects;

5. The Fire District shall submit a fire mitigation fee annual report no later than October 31st of each year, after the first year the City imposes the specified fire protection development mitigation fee, to the City Clerk. The report shall include, but not be limited to, the balance in the account at the end of the prior fiscal year, the mitigation fee revenue received, the amount and type of expenditures made, and the ending balance in the fund. In addition, the report shall specify the actions the Fire District plans to take to mitigate the facility and equipment needs caused by the new development projects in a capital fire facilities and equipment plan adopted at a noticed public hearing. The Fire District shall make available, upon request by the City Clerk, a copy of the annual audited report;

6. The Fire District shall make its records that justify the basis for the development mitigation fee amount available to the public upon request;

7. The Fire District shall agree to indemnify and defend the City and its officers, agents, and employees from any claim, action, or proceeding that arises from or is in any way related to the adoption of this ordinance or mitigation fees authorized by this ordinance; and

8. For the fifth fiscal year following the first deposit into the Fire District’s fire district mitigation fee account and every five (5) years thereafter, the Fire District shall make all of the following findings with respect to any cash portion of the mitigation fees remaining unexpended or uncommitted in the account:
a. Identify the purpose to which the fee is to be put,
b. Demonstrate a reasonable relationship between the fee and the purpose for which it was charged,
c. Identify all sources and amounts of funding anticipated to complete financing all incomplete improvements, and
d. Designate the approximate dates on which complete funding is expected to be deposited into the account.

If the findings in subsections B.8.a through d of this Section are not made, the Fire District shall refund, on a prorated basis, to the current record owner or owners of the development projects for which the fees were paid the unexpended or uncommitted portion of the fees and any interest accrued

for which a need cannot be demonstrated.

C. The Fire District Board shall adopt a capital fire facility and equipment plan in compliance with Government Code Section 66002 at a noticed public hearing.

D. The Fire District Board shall send a certified copy of the resolution and the capital fire facilities and equipment plan to the City Clerk. The Clerk shall place the resolution and capital fire facilities and equipment plan on an agenda for a regular City Councilmeeting for the Council’s consideration and approval at a public hearing noticed in the manner required by Government Code Section 66002.

At the close of the public hearing, the City Council may approve the resolution and capital fire facilities and equipment plan if it finds that the documents meet the requirements of this Chapter and Government Code Sections 66000 et seq.

E. The provisions of this Chapter shall apply to any development project within the boundaries of the Fire District that are within the boundaries of the City of Ukiah not later than thirty (30) days after the City Council’s approval. The Fire District shall notify the City Building Official of the effective date of its mitigation fee. Any judicial action or other proceeding to challenge the legality of the City Council’s approval and adoption of mitigation fees must be commenced within one hundred twenty (120) days of the Council’s action approving the mitigation fees.

F. By March 31st of each year following the year of the original adoption of a resolution and approval by the City Council of fire protection development mitigation fees under this Chapter, the Fire District shall submit a copy of a new resolution adopted by the district’s governing body making the findings required by Subsection A of this Section and identifying the fire protection development mitigation fees requested by the Fire District. If the resolution proposes to increase the fire protection development mitigation fees, the resolution shall only become effective if approved by the Council in the manner set forth in Subsection D of this Section. A revision of fire protection development mitigation fees shall be effective the following July 1st. § 2093 FEE PAYMENT
A. Before the issuance of any building permit or other permit for a development project, the applicant shall pay to the Fire District the fees prescribed by the Fire District resolution as approved by the City Council and shall present written evidence that the provisions of this Chapter have otherwise been satisfied with respect to the development project for which permits are sought. The District may, in its resolution adopting fire protection development mitigation fees, designate those projects requiring a building permit, such as re-roofing, adding siding, installation of mechanical devices, or construction of an accessory building, that will not require payment of a fee.

B. The amount of the fees shall be determined by using the fire protection development mitigation fee in effect on the date of the payment of fees for an unexpired plan check.

C. When application is made for a new permit for a development project following the expiration of a previously issued permit for a development project for which fees were previously paid, no new fee payment shall be required.

D. If a subsequent development project occurs with respect to property for which fees have already been paid, additional fees shall be required only for additional square footage which was not included in computing the prior fee.

E. For the purpose of payment of fees to the City, the City Council delegates to the Fire District the responsibility to collect or accept payment of the fees for the District. The District may contract with the City to collect or accept payment of fees.
§ 2094 EXEMPTIONS
Permits for the following types of development projects shall be exempt from the requirements of this Chapter:

A. Buildings or other structures constructed for governmental uses; B. Construction of accessory buildings or structures which will not produce additional risk of fire over and above the fire risk associated with the principal building or from the existing use of the land.

C. Alterations of an existing building where no additional square footage is constructed, where the use is not changed, and where the risk of fire is not increased over and above the risk of fire from the existing use.

D. Alterations of an existing building where no additional square footage is constructed, where the use is not changed, and where the risk of fire is not increased over and above the risk of fire from the existing use.

E. The replacement of a legally constructed dwelling or other building destroyed by fire or other calamity on the same parcel, provided that:

1. The application for a building permit to replace the destroyed structure is filed with the City building official within one year after destruction of the dwelling or other building,

2. There is no change in occupancy, and

3. The living space is not increased by more than five hundred (500) square feet compared to the destroyed structure.
§ 2095 ADMINISTRATIVE CHARGES
A. The City may include in an adopted fire protection development mitigation fee a component that reflects the City’s reasonable costs of administering the fee and complying with all laws, ordinances, and regulations related to the fee.

B. The Fire District may include in a proposed fire protection development mitigation fee a component that reflects the District’s reasonable costs of administering the fee and complying with all laws, ordinances, and regulations related to the fee, including the requirements imposed by this Chapter.
§ 2096 USE OF FEES

With the exception of the administrative cost component described in Section 2095, all fees collected under this Chapter, including any interest accrued, shall be used by the Fire District for the purpose of providing for capital facilities and equipment.
§ 2097 RECORDS AND REPORTS
The Fire District shall maintain a separate budget accounting category for any fees collected. This category shall be known as the "fire district mitigation fee" account. By October 31st of each year, the Fire District shall file a report with the City Clerk on the balance in the account at the end of the prior fiscal year, the fee revenue received, the amount and type of expenditures made, and the ending balance of the fund. In addition, the report shall specify the actions the Fire District plans to take to mitigate the facility and equipment needs caused by new development projects. § 2098 TERMINATION OF FEE COLLECTION
Fee collection as to the Fire District shall terminate as follows:

A. If by March 31st of any year following the year of the original adoption of a resolution under this Chapter, which was approved by the City Council, the Fire District has not submitted a copy of a new resolution under Subsection 2092.F of this Chapter, fee collection shall terminate on July 1st of that year.

B. If, at any time, the Fire District Board submits a copy of a resolution requesting termination of fee collection, fee collection shall terminate thirty (30) days from the date of receipt by the Clerk.

C. The Fire District shall notify the City Building Official of the effective date of its termination of fee collection.

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:

ABSENT:

ABSTAIN:

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Josefina Dueñas, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

UKIAH VALLEY FIRE AUTHORITY

FIRE IMPACT FEE NEXUS STUDY

APRIL 2023
PUBLIC REVIEW REPORT V1.1
PREPARED FOR:

BOARD OF DIRECTORS

UKIAH VALLEY FIRE AUTHORITY
PREPARED BY:
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
www.sci-cg.com
Attachment 2

(This page intentionally left blank)

UKIAH VALLEY FIRE AUTHORITY
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PAGE i

UKIAH VALLEY FIRE AUTHORITY

BOARD OF DIRECTORS
David B. Haas, President
Peter Bushby, Secretary/Treasurer
Michael Graham, Director
Kevin Jennings, Director

FIRE CHIEF
Doug Hutchison

IMPACT FEE CONSULTANT
Blair Aas, Director of Planning Services
SCI Consulting Group

UKIAH VALLEY FIRE AUTHORITY
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PAGE ii

ACKNOWLEDGMENTS
This Fire Impact Fee Nexus Study was prepared by SCI Consulting Group (“SCI”) under contract with the Ukiah Valley Fire Authority (“Authority”). The work was accomplished under the general direction of Doug Hutchison, Fire Chief of the Authority.

We want to acknowledge the special efforts made by the following individuals and organizations for this project:

Mendocino County Auditor’s Office
Mendocino County Assessor’s Office

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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1 INTRODUCTION ................................................................................................................ 1 METHODOLOGY AND APPROACH ....................................................................................... 3 SUMMARY OF KEY FINDINGS ............................................................................................. 5 SUMMARY OF GENERAL RECOMMENDATIONS ..................................................................... 6 DETERMINATION OF EXISTING DEVELOPMENT .......................................................................... 7 EXISTING SERVICE POPULATION AND STRUCTURAL AREA ................................................... 7 RESIDENT EQUIVALENT DEMAND FACTOR ......................................................................... 8 FACILITIES EDU DEMAND FACTOR .................................................................................... 9 EXISTING FACILITIES DEMAND EDUS .............................................................................. 11 DETERMINATION OF EXISTING FIRE SYSTEM FACILITIES .......................................................... 12 EXISTING FIRE SYSTEM FACILITIES ................................................................................. 12 DETERMINATION OF THE FIRE IMPACT FEE ............................................................................. 13 EXISTING FIRE FACILITIES STANDARD ............................................................................. 13 RESIDENTIAL FIRE IMPACT FEE DETERMINATION .............................................................. 13 NONRESIDENTIAL FIRE IMPACT FEE DETERMINATION ........................................................ 15 PROJECTED FIRE IMPACT FEE REVENUE ............................................................................... 17 NEXUS FINDINGS ................................................................................................................. 19 FEE PROGRAM ADOPTION REQUIREMENTS ............................................................................ 22 FEE PROGRAM ADMINISTRATION REQUIREMENTS ................................................................... 24 ACCOUNTING REQUIREMENTS ........................................................................................ 24 REPORTING REQUIREMENTS .......................................................................................... 24 FEE PROGRAM UPDATES ............................................................................................... 25 TRANSPARENCY REQUIREMENTS .................................................................................... 26 ANNUAL INFLATIONARY ADJUSTMENT .............................................................................. 26 FEE EXEMPTIONS .......................................................................................................... 26 FEE CREDITS ................................................................................................................ 26 APPENDICES ....................................................................................................................... 27 APPENDIX A – MAP OF FEE PROGRAM AREA ................................................................... 28 APPENDIX B – FIRE SYSTEM INVENTORY AND REPLACEMENT COST ESTIMATES ................. 29 APPENDIX C – CAPITAL IMPROVEMENT PLAN ................................................................... 31

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LIST OF FIGURES
FIGURE 1 – MAXIMUM FIRE IMPACT FEE SCHEDULE .................................................................. 5 FIGURE 2 – CURRENT RESIDENTIAL DEMOGRAPHICS ................................................................ 8 FIGURE 3 – RESIDENT EQUIVALENT DEMAND FACTOR ............................................................... 9 FIGURE 4 – FACILITIES EDU DEMAND FACTOR ........................................................................ 10 FIGURE 5 – EXISTING DEMAND EDUS.................................................................................... 11 FIGURE 6 – REPLACEMENT VALUE OF EXISTING FIRE SYSTEM FACILITIES ................................. 12 FIGURE 7 – FIRE FACILITIES COST PER DEMAND EDU ............................................................ 13 FIGURE 8 – MAXIMUM RESIDENTIAL FIRE IMPACT FEES ........................................................... 14 FIGURE 9 – MAXIMUM NONRESIDENTIAL FIRE IMPACT FEES ..................................................... 15 FIGURE 10 – PROJECTED FIRE IMPACT FEE REVENUE ............................................................ 17 FIGURE 11 – SUMMARY OF ALLOWABLE AND PROHIBITED USES OF FEE REVENUE .................... 19 FIGURE 12 – MAP OF FEE PROGRAM AREA ............................................................................ 28 FIGURE 13 – EXISTING LAND AND BUILDING INVENTORY .......................................................... 29 FIGURE 14 – EXISTING APPARATUS AND EQUIPMENT INVENTORY ............................................. 30

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EXECUTIVE SUMMARY

INTRODUCTION
The Ukiah Valley Fire Authority (“Authority”) provided fire protection and emergency medical response services to approximately 90 square miles in and around the City of Ukiah (“City”), containing a resident population of approximately 28,000. Its boundaries include historic downtown buildings, county governmental buildings, Mendocino Community College, Dharma Realm Buddhist University, a regional hospital, and all residential and commercial developments within the service area. The Authority is also responsible for the lower half of Lake Mendocino, including the Coyote Dam, expansive wildland-urban interface areas, the Ukiah Municipal Airport, US 101, and State Route 253.

As an urban/rural fire protection agency, the Authority provides first-responder fire protection and emergency response services to the City of Ukiah (“City”) and the surrounding unincorporated Ukiah Valley in Mendocino County (“County”). Specifically, the Authority’s services include fire prevention and suppression, wildland fire protection, emergency medical services, rescue and extraction, hazardous material response, and fire prevention services.

The Authority was formed on July 1, 2017, under a Joint Powers Agreement between the City of Ukiah and the Ukiah Valley Fire Protection Authority, titled the “Agreement for Shared Management of Fire Departments”. The Agreement jointly manages, equips, maintains, and operates all-risk fire, emergency medical, and rescue services to the City and Fire Authority. The Authority was formed to maximize the use of existing resources, create cost containment opportunities, reduce duplication, maintain local control, and continue to deliver fire, medical, and other emergency services at a high level of service.

This Fire Impact Fee Nexus Study (“Nexus Study”) was prepared pursuant to the Mitigation Fee Act as found in Government Code § 66000 et seq. (the “Act”) The purpose of this Nexus Study is to establish the legal and policy basis for the collection of a new fire impact fee (“fee”) on new development within the service boundaries of the Ukiah Valley Fire Authority (“Authority”). The purpose of the fee to fund the one-time cost of expanding the Authority’s facilities, apparatus, and equipment needed to maintain its existing level of service. No capacity exists to serve new development. If the Authority’s fire system capacity is not increased to satisfy the additional demand, the quality and responsiveness of the Authority’s fire protection and emergency response services will deteriorate.

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For purposes of this Nexus Study, the term “facilities” or “fire system facilities” refer to facilities (land, stations, and other buildings), apparatus (engines, ambulances, and other vehicles), and equipment (ancillary and station). The term “new development” refers to the persons (residents and employees working in the Authority’s service area) and the structural area (residential area and nonresidential building area) in which the persons live or work.

Under California law, the Authority does not have land-use authority to impose impact fees on development projects. Because the Authority serves the City and unincorporated areas of the County, the City Council and the County Board of Supervisors must adopt the fire impact fee program on behalf of the Authority. A map of the Authority’s boundaries and the area to be subject to the proposed fee program is provided in Appendix A.

In order to impose such fees, this Nexus Study demonstrates that a reasonable relationship between new development, the amount of the fee, and fire facilities, apparatus, and equipment funded by the fee. More specifically, this Nexus Study presents findings to meet the procedural requirements of the Mitigation Fee Act (“Act”), also known as AB 1600, which are as follows:

1. Identify the purpose of the fee. If the use is funding public facilities, the facilities must be identified. Identifying the public facilities may be a broad class of projects or made by reference to a capital improvement plan, made in applicable general or specific plan requirements, or made in other public documents.

2. Identify the use to which the fee is to be put.

3. Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed (“benefit relationship”).

4. Determine how there is a reasonable relationship between the need for the fire facilities and the type of development project on which the fee is imposed (“impact or need relationship”).

5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed (“rough proportional relationship”).

Additionally, the Act specifies that the fee shall not include costs attributable to existing deficiencies in public facilities but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to refurbish existing facilities to maintain the existing level of service or achieve an adopted level of service that is consistent with the City General Plan and County General plan.

UKIAH VALLEY FIRE AUTHORITY
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METHODOLOGY AND APPROACH
To determine the Authority’s fire impact fee consistent with these substantive requirements, this Nexus Study utilizes a modified system-wide existing facility standard methodology. Under this widely-used used method, the Authority’s ratio of existing fire protection facilities, apparatus and equipment to existing development establishes the standard for determining new development’s fair share of the cost to expand the Authority’s fire system as growth occurs.

The facility standard methodology is a commonly used method for the calculation of fire impact fees. It was validated by the Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore in 2010. Under this method, identification and use of an existing facility standard and the restricted uses of fee revenue ensure that new development will not fund any existing deficiencies as prohibited by the Act. Instead, only capital improvements and apparatus, vehicle, and equipment purchases that expand the Authority’s fire system are allowable uses of fee revenue. Likewise, the fee program will generate only enough revenue to proportionally expand the fire system to maintain the existing level of service.

The existing facility standard is based on the Authority’s ratio of existing fire protection and emergency response facilities, apparatus, and equipment to the existing service population. Existing development refers to the persons (residents and employees working in the Authority) and the structural area (residential area and nonresidential building area) in which the persons live or work. Existing development demand is based on the Authority service call data. The Authority’s existing fire system’s value is determined using the replacement value of the Authority’s existing inventory of fire protection facilities, apparatus, and equipment. These costs are then applied to nine land use categories in proportion to the need they create for fire protection and emergency response services.

The Act requires that in establishing a development impact fee program, the facilities funded by the fee must be identified. However, the Act provides flexibility regarding how that identification may be made. The fee program may identify a broad class of projects1 or made by reference to a capital improvement plan, made in applicable general or specific plan requirements, or made in other public documents2. This fee program identifies facilities (land, stations, and other buildings), apparatus (engines, ambulances, and other 1 According to Government Code § 66000(b) and validated by Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore in 2010.
2 According to Gov’t Code Section 66001(a)(2).

UKIAH VALLEY FIRE AUTHORITY
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vehicles), and equipment as the broad classes that will be funded with the fee.

Additionally, the Authority’s capital improvement plan is provided in Appendix C.

The Authority’s capital improvements and apparatus and equipment purchases will benefit the entire fire system. The Authority’s fire protection and emergency response resources are organized as an integrated fire system. The resources of a one fire station do not serve a particular area in isolation from the Authority’s other fire stations and resources.

When the Authority has a service call, whether for a fire or other emergency, the Authority’s response often involves resources from multiple fire stations. Likewise, new development in the Authority’s services area is served by all the Authority facilities, apparatus, and equipment, not just by the nearest fire station.

The Nexus Study also details the procedural requirements for approval of the Nexus Study and proposed fire impact fee program (“fee program”) by the Authority Board of Directors and adoption by the City Council and the County Board of Supervisors on behalf of the Authority. Also, the Act contains specific requirements for the annual administration of the fee program. These statutory requirements and other important information regarding the imposition and collection of the fee are provided in the last sections of the Nexus Study.

UKIAH VALLEY FIRE AUTHORITY
FIRE IMPACT FEE NEXUS STUDY, 2023
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SUMMARY OF KEY FINDINGS
The following key findings from the Nexus Study are presented:

1. Fire impact fees are necessary to ensure that the Authority can adequately expand its fire protection facilities, apparatus, and equipment to accommodate the population and employment growth and new structural area created by new development.

2. Currently, the County and the City impose fire impact fees on behalf of the Authority in the amount of $0.39 per square foot for all new development plus 10% for administrative costs. The Authority’s current fire impact fees imposed by the City and County are outdated and insufficient to mitigate the impact of new development.

3. It is the objective of the Authority to maintain its existing level of service by establishing a fire impact fee to fund the cost of expanding its facilities, apparatus, and equipment attributable to new development.

4. The Authority may approve, and the City and County may adopt on their behalf, the following fees at or below the levels determined by this Nexus Study.

FIGURE 1 – MAXIMUM FIRE IMPACT FEE SCHEDULE
Land Use Category Unit
Maximum
Fire Impact
Fee
Single-Family Housing BSQFT $1.07
Multi-Family Housing BSQFT $1.22
Mobile Home BSQFT $1.15
Accessory Dwelling Unit => 750 sq. ft. BSQFT $1.07
Accessory Dwelling Unit < 750 sq. ft.

Retail / Commercial BSQFT $0.89
Office BSQFT $1.19
Industrial BSQFT $0.95
Agriculture BSQFT $0.57
Warehouse / Distribution BSQFT $0.62
Nursing Homes BED $3,974.06
- - - Exempt - - -

UKIAH VALLEY FIRE AUTHORITY
FIRE IMPACT FEE NEXUS STUDY, 2023
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5. Fee revenue may be used to fund 100% of the cost of new and expanded facilities, 100% of the cost of apparatus, vehicles, and equipment that expand the Authority’s existing inventory, and up to 10.5 percent the replacement cost of apparatus, vehicle and equipment purchases.

6. Consistent with nexus requirements of the Act, this Nexus Study demonstrates that there is a reasonable relationship between new development, the amount of the proposed fee, and facilities, apparatus, and equipment funded by the fee.

7. Since only cities and counties have land-use authority to impose development impact fees as a condition of project approval, the Authority’s proposed fee must be adopted by the County on behalf of the Authority.

8. The maximum fire impact fee determined by this Nexus Study is consistent with the Mendocino County General Plan.

SUMMARY OF GENERAL RECOMMENDATIONS
Based on the findings presented in the Nexus Study, the following general recommendations are presented:

1. Since only cities and counties have land-use authority to impose development impact fees as a condition of project approval, the Authority’s proposed fee must be adopted by the City and the County on behalf of the Authority.

2. The Authority’s approved fee should be adopted and implemented in accordance with the applicable provisions of the Act.

3. The Authority should comply with the annual reporting requirements under Government Code § 66006(b).

4. Following the fifth fiscal year after the first deposit of fee revenue and every five years thereafter, the Authority should comply with the reporting requirements under Government Code § 66001(d).

5. The cost estimates presented in this Nexus Study are in January 2023 dollars.

The fire impact fee should be adjusted automatically without further action by the Authority Board, the City Council, or the County Board on the first day of each fiscal year by the previous calendar percentage change in the Engineering NewsRecord Construction Cost Index, or its successor publication.

6. Fee revenue should be used to fund only the cost of expanded facilities, apparatus, ambulances, vehicles, and equipment to serve new development, as further detailed in Figure 11.

UKIAH VALLEY FIRE AUTHORITY
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DETERMINATION OF EXISTING DEVELOPMENT
The Authority serves both residences and businesses throughout its service area. As such, the demand for the Authority’s services and associated facilities, apparatus, and equipment is measured by its service population and the structural area it protects. This section will first determine the service population and structural area within the Authority.

These figures, along with the Authority’s service call data, will be used to establish an existing facility demand factor for the various residential and nonresidential land uses within the Authority, which in turn will be used to determine existing development’s total facilities demand.

EXISTING SERVICE POPULATION AND STRUCTURAL AREA
The Authority provides first-responder fire protection and emergency response services to the City of Ukiah (“City”) and the surrounding unincorporated Ukiah Valley in Mendocino County (“County”). Specifically, the Authority’s services include fire prevention and suppression, wildland fire protection, emergency medical services, rescue and extraction, hazardous material response, and fire prevention services. A map of the Authority’s service boundaries is provided in Appendix A.

The Authority currently serves an estimated resident population of 27,526. The Authority’s resident population estimate is based on figures from U.S. Census Bureau, 2021 ACS 5- Year Estimate, for the census tracts 113, 114, 115.01, 115.02, 116, and 117 and assumes an 8.0 percent vacancy rate. The Authority also protects approximately 10,532 occupied and vacant housing units and approximately 7 million square feet of nonresidential building area. The estimated total housing units are from the U.S. Census Bureau, 2021 ACS 5- Year Estimate, for Ukiah Valley Census County Division. Nonresidential is estimated assuming a jobs-to-housing ratio of 1.33 for the City of Ukiah and 1.00 for the unincorporated area, and 513 sq. ft. of building area per employee.

UKIAH VALLEY FIRE AUTHORITY
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FIGURE 2 – CURRENT RESIDENTIAL DEMOGRAPHICS
Land Use Categories
Total
Dwelling
Units 1
Vacant
Dwelling
Units (8%) 1
Occupied
Housing Units
Dwelling
Unit
Occupancy
Factor 1
Resident
Population
Calc a b c d e = c * d
Single-Family Housing 7,025 562 6,463 3.02 19,518
Multi-Family Housing 2,675 214 2,461 2.38 5,857
Mobile Home 832 67 765 2.81 2,151
Total Residenital 10,532 843 9,689 2.83 27,526
Source: 2020 U.S. Census
Notes:
1 Based on U.S. Census Bureau's 2021 American Community Survey 5-Year Estimate for Mendocino County Census Tracts 113, 114, 115.01, 115.02, 116 and 117.

RESIDENT EQUIVALENT DEMAND FACTOR
For purposes of this Nexus Study, a calls-for-service approach is used to help establish the relative fire facilities demand from residential and nonresidential land uses.

Specifically, service call data is converted into a resident equivalent demand factor, which represents the demand for service from a worker compared to a household resident.

As shown in Figure 3, on the following page, service call data indicates the property used for service calls for years 2020 through 2022 were gathered from the Authority’s Emergency Reporting database. Over the three years, the Authority annually averaged 2,108 service calls originating from residential property, 877 service calls originating from nonresidential properties, and 183. Service calls originating from highways, roads, open fields, or otherwise not classified as originating from residential or nonresidential land use are excluded. By dividing service calls for residential and nonresidential land uses and nursing homes by the corresponding estimated number of residents and workers results in the relative number of per capita for residential and nonresidential land uses. As shown, Authority residents are served at 1.00, and workers in the Authority are served at 0.87 compared to Authority residents.

UKIAH VALLEY FIRE AUTHORITY
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FIGURE 3 – RESIDENT EQUIVALENT DEMAND FACTOR
Calc Residential Nonresidential Nursing Home
Average Annual Service Calls 1 a 2,108 877 183
Residents or Workers 2 b 27,144 12,849 338
Per Capita Fire Service Demand c = a / b 0.078 0.068 0.542 Resident Equivalent Demand Factor d = c / 0.078 1.00 0.87 6.95 Notes:

Sources: Ukiah Valley Fire Authority; SCI Consulting Group 1 Average for years 2020 thru 2022 from District's Emergency Reporting database for the Authority's service area. 2 See Figure 2. Workers is based on estimated jobs-to-housing ratio of 1.33 of the City and 1.0 for the unincorporated area.

FACILITIES EDU DEMAND FACTOR
Next, equivalent dwelling unit (“EDU”) demand factors are established to compare the relative fire facilities demand across three residential and six nonresidential land uses.

The EDU is also used to convert nonresidential building area to a residential dwelling unit value. This common approach allows for the cost of fire protection facilities, apparatus, and equipment to be equitably apportioned among residential and nonresidential land uses.

Figure 4 on the following page shows the calculation of the facilities EDU demand factor for nine land use categories. The residential land use categories are expressed per dwelling unit, and the nonresidential land use categories are expressed per 1,000 square feet of building area. Each land use category’s occupancy density is multiplied by their respective resident equivalent demand factor, then converted to single-family home value.

By this measure, for example, one single-family home creates the demand for fire facilities equal to 430 square feet of retail/commercial building area.

UKIAH VALLEY FIRE AUTHORITY
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FIGURE 4 – FACILITIES EDU DEMAND FACTOR
Land Use Category Unit
Occupancy
Density per
Unit 1
Resident
Equivalent
Demand
Factor 2
Facilities EDU
Demand
Factor
Calc a b c = (a * b) / 3.02
Single-Family Housing DU 3.02 1.00 1.00
Multi-Family Housing DU 2.38 1.00 0.79
Mobile Home DU 2.81 1.00 0.93
Residential DU 2.83 1.00 0.94
Retail / Commerical KBSF 1.49 0.87 0.43
Office KBSF 2.50 0.87 0.72
Industrial KBSF 1.67 0.87 0.48
Agriculture KBSF 0.33 0.87 0.10
Warehouse / Distribution KBSF 0.50 0.87 0.14
Nonresidential KBSF 1.95 0.87 0.56
Nursing Homes Bed 1.00 6.95 2.30
Notes: DU = Dwelling Unit; KBSQ = 1,000 square feet of building area 1 Residents per unit is based on census data from the 2020 U.S. Census. All nonresidential density figures (except Agriculture) based on the 2001 "Employment Density Study" prepared by The Natelson Company, Inc. for the Southern California Association of Governments expressed in terms of the number of employees per 1,000 square feet of building area. The density figure for Agriculture is from the 2004 "Employment Density in the Puget Sound Region" report prepared by E.K. Pflum for the University of Washington.
2 See Figure 3.

UKIAH VALLEY FIRE AUTHORITY
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EXISTING FACILITIES DEMAND EDUS
Figure 5 below calculates the District’s existing demand EDUs based on the total number of dwelling units and estimated nonresidential building area within the District. As shown, the total existing demand EDUs for the District is 13,602. Existing demand EDUs represents the level of existing development served by the District’s existing fire system.

FIGURE 5 – EXISTING DEMAND EDUS
Land Use Categories Unit
Existing
Units 1
Fire Facilities
EDU Demand
Factor 2
Total
Existing
Demand
EDUs
Calc a b c = a * b
Single Family Housing DU 7,025 1.00 7,025
Multi-Family Housing DU 2,675 0.79 2,113
Mobile Home DU 832 0.93 774
Nonresidential KBSF 6,589 0.56 3,690
Total 17,121 13,602
Source: U.S. Census Bureau; California Department of Finance; SCI Consulting Group Notes:
1 Housing unit count is from U.S. Census Bureau, 2021 ACS 5-Year Estimate, for the census tracts that generally cover the boundaries of the Authority. Nonresidential is estimated assuming a jobs-to-housing ratio of 1.0 for the City of Willits and 1.0 for the unincorporated area and 552 sq. ft. of building area per employee. 2 See Figure 4.

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DETERMINATION OF EXISTING FIRE SYSTEM FACILITIES

EXISTING FIRE SYSTEM FACILITIES
The next step in determining the Authority’s existing facilities standard is to calculate the replacement value of the Authority’s fire protection and emergency response facilities system. Figure 6 below presents a summary of replacement value (in 2023 dollars) for the Authority’s existing facilities (land and stations), apparatus (engines, ambulances, and other vehicles) and equipment (ancillary and station).

The replacement cost for the main station is based on the construction cost of the Little Lake Fire Protection District fire station recently constructed in 2020. The cost estimate is $807.07 for the station which includes an adjustment for inflation. The estimated land value is based on market research conducted by SCI Consulting Group assessed land value for sales within 2022. The estimated replacement value of the Authority’s apparatus, vehicles, and equipment inventory is based on unit cost assumptions provided by the Authority. Estimated values of older apparatus have been discounted from the replacement value of the new apparatus to reflect their age. (The detailed inventory and estimated replacement value for each is provided in Appendix B.) As shown below, the estimated value of the Authority’s existing facilities, apparatus, and equipment is $22.6 million in 2023 dollars.

FIGURE 6 – REPLACEMENT VALUE OF EXISTING FIRE SYSTEM FACILITIES Fee Components
Total
Replacement
Value (2023$)
Land $1,328,500
Stations / Other Buildings $16,569,539
Apparatus / Vehicles $3,425,300
Ancillary Equipment $1,275,000
Total Existing Fire System Facilities $22,598,339
Source: Ukiah Valley Fire Authority; SCI Consulting Group

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DETERMINATION OF THE FIRE IMPACT FEE
The Act requires that development impact fees be determined in a way that ensures a reasonable relationship between the need for fire protection facilities, apparatus and equipment, and the type of development project on which the fee is imposed. In this section, the Authority’s existing fire facilities standard is determined and then applied to three residential and six nonresidential land uses categories in proportion to the demand they create as measured by their EDU demand factor.

EXISTING FIRE FACILITIES STANDARD
The Authority’s ratio of existing facilities, apparatus, and equipment to the existing demand establishes the standard for determining new development’s fair share of the cost to replace and expand the Authority’s facilities as growth occurs. As shown below, the standard is represented by the existing fire system facilities cost of $1,661.40 per demand EDU.

FIGURE 7 – FIRE FACILITIES COST PER DEMAND EDU
Existing Fire System Facilities 1 $22,598,339
Existing Demand EDUs 2 13,602
Existing Fire Facility Cost Per EDU $1,661.40
Notes:
1 See Figure 6.
2 See Figure 5.

RESIDENTIAL FIRE IMPACT FEE DETERMINATION
Figure 8 on the following page presents the calculation of the Authority’s proposed residential fire impact fees. As shown, the residential fees are determined by multiplying the facilities standard by their respective facilities demand EDU factor plus an additional 4 percent for annual administration of the fire impact fee program. The fee program administrative cost component is designed to offset the cost of County collection, documentation, annual reporting requirements, five-year report requirements, periodic Nexus Study updates, and other costs reasonably related to compliance with the Act.

Since residential land uses have different dwelling unit occupancies and sizes, the residential fire impact fee is expressed on a per square footage basis for the following

UKIAH VALLEY FIRE AUTHORITY
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three residential land use categories. The three residential land use categories are defined below.
 “Single-family housing” means detached and attached one-family dwelling units with an assessor’s parcel number for each unit.
 “Multifamily housing” means buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family.
 “Mobile home” means a development area for residential occupancy in vehicles that require a permit to be moved on a highway, other than a motor vehicle designed or used for human habitation and for being drawn by another vehicle.

The fire impact fee shall be charged on the square footage within the perimeter of a residential structure. Garages, carports, walkways, overhangs, patios, enclosed patios, detached storage structures, or similar areas are excluded.

FIGURE 8 – MAXIMUM RESIDENTIAL FIRE IMPACT FEES
Residential Land Use
Category
Facility
Standard 1
Facilities
Demand
EDU
Factor2
Cost per
Unit
Admin.

Expense
4% 3
Average
Living Area
per Sq. Ft. 4
Proposed
Residential
Fees 5
Calc a b c = a * b d = c * 0.04 e f = (c + d) / e
- per sq. ft. -
Single-Family Housing $1,661.40 1.00 $1,661.40 $66.46 1,600 $1.07 Multi-Family Housing $1,661.40 0.64 $1,063.29 $42.53 900 $1.22 Mobile Homes $1,661.40 0.80 $1,329.12 $53.16 1,200 $1.15 ADUs => 750 sq. ft. 6 NA NA NA NA NA $1.07
ADUs < 750 sq. ft. 6 NA NA NA NA NA Exempt
6 Pursuant to Govt. Code § 65852.2(f)(3)(A), the fire impact fee for an accessory dwelling unit ("ADU") shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt.
5 Proposed residential fire impact fees are rounded down to the nearest cent. - per dwelling unit -
Notes:
2 See Figure 4.
1 See Figure 7.
3 County collection, documentation, annual reporting requirements, five-year report requirements, periodic Nexus Study updates and other costs reasonably related to compliance with the Act. 4 Based on Mendocino County Assessor's Lien Roll Data as of July 1, 2022.

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The Authority may approve, and the City and County may adopt fees lower than the maximum, justified amounts shown below, provided that they are reduced by the same percentage for each land use category.

NONRESIDENTIAL FIRE IMPACT FEE DETERMINATION
Figure 9 below presents the calculation of the nonresidential fire impact fee. As shown, the fee for the three nonresidential land uses is determined by multiplying the existing facilities standard by their respective EDU demand factor plus an additional four percent for administration of the fire impact fee program. Note that the costs are expressed per 1,000 square feet of nonresidential building area and then converted to a per-squarefootage fee.

The Authority may approve, and the City and County may adopt fees lower than the maximum, justified amounts shown below, provided that they are reduced by the same percentage for each land use category.

FIGURE 9 – MAXIMUM NONRESIDENTIAL FIRE IMPACT FEES
Land Use Category
Facility
Standard 1
Facilities
Demand
EDU
Factor 2
Cost per
Unit
Admin.

Expense
4% 3
Total Cost
per Unit
Proposed
Nonres.

Fire Impact
Fee 4
Calc a b c = a * b d = c * 0.04 e = c + d f = e / 1,000 Nonresidential - per sq. ft. -
Retail / Commercial $1,661.40 0.52 $864 $34.56 $898.48 $0.89 Office $1,661.40 0.69 $1,146 $45.85 $1,192.22 $1.19
Industrial $1,661.40 0.55 $914 $36.55 $950.32 $0.95
Agriculture $1,661.40 0.33 $548 $21.93 $570.19 $0.57
Warehouse / Distribution $1,661.40 0.36 $598 $23.92 $622.03 $0.62 Special - per bed -
Nursing Home $1,661.40 2.30 $3,821 $152.85 $3,974.06 $3,974.06 3 County collection, documentation, annual reporting requirements, five-year report requirements, periodic Nexus Study updates and other costs reasonably related to compliance with the Act. 4 Proposed nonresidential fire impact fees are rounded down to the nearest cent. - per 1,000 sq. ft. of building area -
Notes:
1 See Figure 7.
2 See Figure 4.
- per bed -

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As stated earlier, the Act requires that development impact fees be determined in a way that ensures a reasonable relationship between the fee and the type of development on which the fee is imposed. Since different nonresidential land uses have varying employment densities, the nonresidential fire impact fee is expressed per square foot of building area based on their respective facilities demand EDU factor for five nonresidential land use categories. The five nonresidential land use categories are shown below.  “Retail/Commercial” means retail, commercial, educational, and hotel/motel construction.
 “Office” means general, professional, and medical office construction.;  “Industrial” means manufacturing construction.
 “Agriculture” means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products, including storage coolers. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a place used by the public.
 “Warehouse/Distribution” means buildings devoted to the storage or distribution of non-agricultural products. A distribution center for a set of products is a warehouse or other specialized building, which is stocked with products or goods to be redistributed to retailers, wholesalers, or directly to consumers.

The nonresidential fee shall be charged for “covered and enclosed space” within the perimeter of a nonresidential structure. Any storage areas incidental to the principal use of the development, garage, parking structure, unenclosed walkway, or utility or disposal area are excluded.

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PROJECTED FIRE IMPACT FEE REVENUE
Figure 10 projects fee revenue through 2043. Total fire impact fee revenue (in 2023 dollars) is then estimated by multiplying the facilities standard by demand EDU growth.

Residential demand assumes an annual growth rate of 0.5 percent. It is assumed that nonresidential development will occur proportionately. As shown, fire impact fee revenue will contribute approximately $2.98
million (in 2023 dollars) towards the Authority’s future long-term capital improvement plan, representing new development fair share of the plan. Certainly, arguments can be made for higher or lower demand growth. However, the projected demand growth and fee revenue are merely estimates for planning purposes.

FIGURE 10 – PROJECTED FIRE IMPACT FEE REVENUE
Land Use Category
Current
Demand EDUs
(2023) 1
Estimated
Demand EDU
Growth (2043) 2
Total Cost per
Demand EDU 3
Projected Fire
Impact Fee
Revenue
(2023$)
Calc a b c d = b * c
Residential 10,532 1,105 $1,661.40 $1,835,000
Nonresidential 6,589 691 $1,661.40 $1,148,000
Total 17,121 1,796 $1,661.40 $2,983,000
Source: Ukiah Valley Fire Authority; SCI Consulting Group 1 See Figure 3.
2 Estimated Demand EDUs based on projected annual growth rate of 0.5% , or approximately 18 to 20 new housing units per year.

Notes:
3 See Figure 5.

It is important to note that the fire impact fee program is designed not to depend on a specific capital improvement plan and a particular level of new development. Only enough fee revenue will be generated for the Authority to expand its existing level of service to serve the growing community.

Fee revenue may be used to fund up to 100% of the cost of the new land for fire stations, construction of new fire stations, expansion of existing fire stations, and the purchase of apparatus, vehicle, and equipment purchases added to the Authority existing inventory.

Since the Authority will need to replace apparatus, vehicles, and equipment more quickly

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due to the increased service calls from the growth in the persons and structure area created by new development, the Authority may use fee proceeds to fund up to 10.5 percent of the replacement cost of existing apparatus, vehicle, and equipment.3 Fee revenue may not be used to fund 1) the renovation of existing facilities and 2) operational, maintenance, or repair costs. (The use of the fee is detailed further in the next section.) The Authority will need to fund existing deficiencies and any other purchases and improvement costs above its existing level of service with other funding sources. Other potential funding sources include but are not limited to, a general obligation bond measure, state and federal grants, the Authority’s general fund, and existing or new special tax and assessment proceeds, if allowable.

The Authority’s capital improvement plan is provided in Appendix C. 3 Represents the percentage growth in EDUs.

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NEXUS FINDINGS
This section frames the Nexus Study findings in terms of the legislated requirements to demonstrate the legal justification of the fire impact fee. These requirements are discussed below.

PURPOSE OF FEE
The purpose of the fire impact fee is to fund the cost of fire protection and emergency response facilities, apparatus, and equipment attributable to new residential and nonresidential development. The fire impact fees will ensure that new development will not burden existing development with the cost of facilities required to accommodate growth as it occurs.

USE OF FEE REVENUE
Fee revenue will be used solely and exclusively to fund facilities (land, stations, and other buildings), apparatus (engines, ambulances, and other vehicles), and equipment costs that expand the Authority’s fire system capacity. Below is a summary of the allowable and prohibited uses of fee revenue.

FIGURE 11 – SUMMARY OF ALLOWABLE AND PROHIBITED USES OF FEE REVENUE Allowable Uses Prohibited Uses
• The cost of new (added) or expanded
land and facilities (100%)
• The cost of apparatus, vehicles and
equipment purchases that expand the
system inventory (100%)
• Facility costs already incurred to
provide growth-related capacity (100%)
• Portion of apparatus and vehicles
replacement costs attributable to new
development (10.5%)
• Portion of a renovation project that
expands service capacity
• Existing deficiencies, such as
improvements to existing facilities that
do not expand service capacity
• Portion of apparatus and vehicles
replacement costs attributable to
existing development (89.5%)
• Operational, maintenance or repair
costs

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BENEFIT RELATIONSHIP
The fee will be collected as development occurs. In order to maintain its existing level of fire protection and emergency response services, fee revenue will be used to replace and expand the Authority’s facilities, apparatus, and equipment to meet the additional demand generated by the new residents and employees and new structural area created by new development projects.

Fee revenue will be deposited into a separate fire impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the uses described in the “Use of Fee Revenue” finding. Additionally, the Act ensures that fee revenue is expended expeditiously or refunded to the developer.

These Act requirements ensure that a development project paying the fire impact fee will benefit from its use. Moreover, since the Authority’s fire protection and emergency response resources are organized as an integrated fire system, improvements and purchases with the Authority benefit the entire fire system.

IMPACT / NEED RELATIONSHIP
New residential and nonresidential development projects in the Authority will grow the persons (residents and employees) and the structural area (residential area and nonresidential building area) in persons live or work. The growth in persons and structural area will create additional need for the Authority’s fire protection and prevention, emergency response service, and a corresponding need for new or expanded facilities and replacement of apparatus, vehicles, and equipment. The fee will be imposed on different types of development projects for the additional service population generated and structural area created by new development projects.

ROUGH PROPORTIONAL RELATIONSHIP
The cost of fire protection facilities, apparatus, and equipment attributable to a development project is based upon the level of existing development served by the Authority’s existing fire protection and emergency response facilities. The use of a facility standard methodology to determine the fire impact fee achieves proportionality between existing development and new development. Moreover, these equivalent costs are applied to nine land use categories in proportion to the need they create for improved and expanded facilities.

The use of a fire facilities demand factor to determine the fire impact fee schedule achieves proportionality across the types of development on which the fee is imposed.

Larger development projects will generate a higher number of persons and structural area

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to protect and, as a result, will pay a higher fee than smaller development projects. Thus, the application of the fire impact fee schedule to a specific project ensures a reasonable relationship between the fee and the cost of the facilities, apparatus, and equipment attributable to that project.

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FEE PROGRAM ADOPTION REQUIREMENTS
Under California law, the Authority does not have land-use authority to impose impact fees on development projects. Because the Authority serves the City and unincorporated areas of the County, the City Council and the County Board of Supervisors must adopt the fire impact fee program on behalf of the Authority.

The following are the general requirements for approval of the Nexus Study and proposed fire impact fee program (“fee program”) by the Authority Board of Directors and adoption by the City Council and County Board of Supervisors on behalf of the Authority. The specific statutory requirements for the adoption of the fee program are found in the Mitigation Fee Act (California Govt. Code § 66000 et seq.) and County Ordinance Code Chapter 5.36.

UKIAH VALLEY FIRE AUTHORITY

1. The Authority Board of Directors (“Authority Board”) shall present the Nexus Study and proposed fee program at a regularly scheduled meeting.

2. After taking public testimony on the proposed fire impact fee program, the Authority Board shall consider adopt a resolution approving the Nexus Study and proposed fee program with a recommendation that the City Council and the County Board of Supervisors adopts the proposed fee program on behalf of the Authority.

CITY OF UKIAH

1. The City Council shall conduct at least “one open and public meeting” as part of a regularly scheduled meeting on the requested fee program.

2. At least 30 days before the meeting, the City shall mail out a notice of the meeting to any interested party who filed a written request for notice of the adoption of new or increased fees.

3. At least 30 days before the meeting, the City shall make available to the public the Nexus Study for review.

4. At least 30 days before the public hearing, a notice of the time and place of the meeting shall be published twice in a newspaper of general circulation with at least five days intervening between the dates of first and last publication not counting such publication dates.

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5. After the public hearing, adopt an ordinance or resolution establishing the proposed fee program on behalf of the Authority.

6. The fire impact fees take effect 60 days after the adoption.

MENDOCINO COUNTY

1. The County Board of Supervisors shall conduct at least “one open and public meeting” as part of a regularly scheduled meeting on the requested fee program.

2. At least 30 days before the meeting, the County shall mail out a notice of the meeting to any interested party who filed a written request for notice of the adoption of new or increased fees.

3. At least 30 days before the meeting, the County shall make available to the public the Nexus Study for review.

4. At least 30 days before the public hearing, a notice of the time and place of the meeting shall be published twice in a newspaper of general circulation with at least five days intervening between the dates of first and last publication not counting such publication dates.

5. After the public hearing, adopt an ordinance or resolution establishing the proposed fee program on behalf of the Authority.

6. The fire impact fees take effect 60 days after the adoption.

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FEE PROGRAM ADMINISTRATION REQUIREMENTS
This section contains general requirements for the administration of the fee program. The specific statutory requirements for the administration of the fee program may be found in the Mitigation Fee Act (California Govt. Code § 66000 et seq.).

ACCOUNTING REQUIREMENTS
Proceeds from the fire impact fee should be deposited into a new and separate fund or account so that there will be no commingling of fees with other revenue. The Authority’s current fire impact funds or accounts should be closed after fully expended. The fire impact fees should be expended solely for the purpose for which they were collected. Any interest earned by such account should be deposited in that account and expended only for the purpose for which originally collected.

REPORTING REQUIREMENTS
The following information, entitled Annual Report, must be made available to the public within 180 days after the last day of each fiscal year:
 a brief description of the type of fee in the account;  the amount of the fee;
 the beginning and ending balance of the account;
 the fees collected that year and the interest earned;  an identification of each public improvement for which the fees were expended and the amount of the expenditures for each improvement;  an identification of an approximate date by which development of the improvement will commence if the local agency determines that sufficient funds have been collected to complete financing of an incomplete public improvement;  a description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, the date on which any loan will be repaid, and the rate of interest to be returned to the account; and
 the amount of money refunded under section Govt. Code § 66001.

The Authority shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting, not less than 15 days after this information is made available to the public, as required by this subdivision. Notice of

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the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the Authority or the County for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

For the fifth fiscal year following the first receipt of any fire impact fee proceeds, and every five years thereafter, the Authority must comply with Government Code Section 66001(d)(1) by affirmatively demonstrating that the Authority still needs unexpended fire impact fees to achieve the purpose for which it was originally imposed and that the Authority has a plan on how to use the unexpended balance to achieve that purpose.

Specifically, the Authority shall make all of the following findings, entitled Five-Year Report, with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
 Identify the purpose to which the fee is to be put;
 Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;
 Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and
 Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

A refund of all or any part of such unexpended or unappropriated fee revenue, together with any actual interest accrued thereon, in the manner described in Section 66001 (e) of the Government Code, shall be provided to the current record owner of any property for which a fee was paid; provided that if the administrative costs of refunding such fee revenue exceed the amount to be refunded.

FEE PROGRAM UPDATES
The fee program should be reviewed regularly and updated with any changes in the Authority’s demographics or significant changes in the Authority’s capital facilities plan.

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TRANSPARENCY REQUIREMENTS
The Authority must clearly post the information on the Authority’s website regarding the fee program:
 The current fee schedule indicated the effective date when approved by the County Board of Supervisors and the City Council.
 Current and five previous annual accounting reports.
 Fire Impact Fee Nexus Study, Final Report

ANNUAL INFLATIONARY ADJUSTMENT
In order for the Authority to maintain its level of service, the fee will need to be automatically adjusted annually commensurate with changes in the cost of facilities, apparatus, and equipment. Therefore, the fire impact fee should be adjusted automatically without further action by the Authority Board, the City Council, or the County Board on the first day of each fiscal year by the previous calendar percentage change in the Engineering News-Record Construction Cost Index, or its successor publication.

FEE EXEMPTIONS
The following development projects are exempted from payment of the fee:
 A structure owned by a governmental agency.
 A structure which is being reconstructed following damage or destruction by fire or another casualty, or the voluntary demolition thereof, provided that the number of structures or the size in such reconstructed structure is no greater than the number of structures or the size of the structure prior to such damage, destruction or demolition.
 A development project found to have no impact on the Authority’s fire system.  An accessory dwelling unit less than 750 square feet.

FEE CREDITS
A fee credit shall be given for demolished existing square footage as part of a new development project in order to comply with the Act and recent court cases. The fee credit shall be based on the effective fee for the land use category that was demolished.

Additionally, subject to certain restrictions, if a developer dedicates land, constructs facilities or provide apparatus/equipment for the Authority, the fire impact fees imposed on that development project may be adjusted to reflect a fee credit for the cost of the dedicated land, facilities constructed, and apparatus/equipment provided.

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APPENDICES
Appendix A – Map of Fee Program Area
Appendix B – Fire System Inventory and Replacement Cost Estimates Appendix C – Capital Improvement Plan

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APPENDIX A – MAP OF FEE PROGRAM AREA
FIGURE 12 – MAP OF FEE PROGRAM AREA
[Insert]

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APPENDIX B – FIRE SYSTEM INVENTORY AND REPLACEMENT COST ESTIMATES FIGURE 13 – EXISTING LAND AND BUILDING INVENTORY
Replacement
Fire Station Cost (2023$)
Calc c = a * b
South Station (1500 S. State St., Ukiah)
Land 0.64 acres $150,000 per acre $96,000
Buildings 6,532 sq. ft. $807.07 sq. ft. $5,271,781
Central Station (300 Seminary Ave., Ukiah)
Land 6.58 acres $150,000 per acre $987,000
Buildings 10,772 sq. ft. $807.07 sq. ft. $8,693,758
North Station (141 Lovers Ln., Ukiah)
Land 1.33 acres $150,000 per acre $199,500
Buildings 4,300 sq. ft. $350.00 sq. ft. $1,505,000
Talmage (1301 Talmage Rd., Ukiah)
Land 0.46 acres $100,000 per acre $46,000
Buildings 3,140 sq. ft. $350.00 sq. ft. $1,099,000
Total Existing Facilities (Land and Buildings) $17,898,039 Source: Ukiah Valley Fire Authority; SCI Consulting Group Unit Unit Cost
ab

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FIGURE 14 – EXISTING APPARATUS AND EQUIPMENT INVENTORY
Number Type
Apparatus /
Vechicles 1
Ancillary
Equipment
Replacement
Value (2023$)
E6881 Type I Engine $460,000 $115,000 $575,000
E6882 Type I Engine $115,000 $115,000 $230,000
E6883 Type I Engine $460,000 $115,000 $575,000
E6861 Type II/III Engine $277,500 $55,000 $332,500
E6862 Type VI Engine $370,000 $55,000 $425,000
E6863 Type II/III Engine $277,500 $55,000 $332,500
E6874 Type III Engine $92,500 $55,000 $147,500
T6852 75' Quint $600,000 $145,000 $745,000
WT6892 2000 Gal Water Tender $87,500 $35,000 $122,500
S6856 Incident Rehab Unit $16,300 $80,000 $96,300
M6821 Type 3 Ambulance $187,500 $120,000 $307,500
M6822 Type 3 Ambulance $250,000 $120,000 $370,000
M6823 Type 3 Ambulance $62,500 $120,000 $182,500
C6800 F250 Pickup $52,000 $15,000 $67,000
C6806 F250 Pickup $52,000 $15,000 $67,000
C6807 2500 Pickup $13,000 $15,000 $28,000
C6808
P6815 2500 Pickup $13,000 $15,000 $28,000
U6841 F250 Pickup $26,000 $15,000 $41,000
U6842 F350 Utility Truck $13,000 $15,000 $28,000
Total Apparatus and Equipment $3,425,300 $1,275,000 $4,700,300 Source: Ukiah Valley Fire Authority; SCI Consulting Group Notes:
1 Value based on estimated current replacement value. Adjustments have been made to discount appartus and vehicles based on age (0 - 5 years at 100% , 6-10 years at 75% ; 11 - 15 years at 50% and 16 years or more at 25% .)

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Agenda Item No: 14.b.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-546

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction, by Title Only, of an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property.

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Commercial Property Manager Liability Redline

2. Commercial Property Manager Liability Clean
Summary: The City Council will consider introducing, by title only, an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property.

Background: Chapter 11, Division 3 of the Ukiah City Code sets forth guidelines for determining what conditions on private commercially-zoned property constitute a public health, safety, and visual blight problem; establish a method for giving notice of the conditions and an opportunity to correct them; and, finally, in the event the public health, safety, and visual blight conditions are not abated or corrected, provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

While the statement of purpose for this Chapter and a number of procedural provisions in the Chapter suggest that the intent of this Chapter is that any individual who has control over private commercially-zoned property should be responsible for abating nuisance conditions on that property, this is not stated explicitly. Given the recent spate of properties in which public nuisance conditions exist and the difficulty of staff in incentivizing an absent or recalcitrant owner to abate these conditions, Staff urges Council to amend Chapter 11, Division 3, to authorize the City to require individuals with management authority over blighted properties to abate public nuisance conditions at these properties.

Discussion: The Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property ("Ordinance"), attached here in redline as Attachment 1 and in a clean version as Attachment 2, adds a definition of "Manager" to the definitions section of that Chapter. Manager is defined as "any natural person who is a decision-maker for an Owner or occupies a prominent and influential position with the Owner and/or has extensive knowledge and control over the Owner’s affairs and as a result thereof has personal responsibility to prevent or abate nuisance conditions under this Chapter." In addition, a "Manager" is added throughout Chapter 11 to the list of individuals, in addition to the Owner, having responsibility to address and abate nuisance conditions on commercially-zoned property.

Managers of nuisance properties will be notified of these conditions and given the opportunity to voluntarily abate these conditions. If they fail to do so within a reasonable abatement period, they will be notified of a public hearing to be held to determine the existence of a public nuisance; said hearing may result in an abatement order. The property Manager, like an owner, may testify at the public hearing. If the Hearing Officer issues an abatement order at the conclusion of the hearing, the Manager will be served with the order. If the Manager does not abate the nuisance conditions and the City must proceed with an abatement action, the

Manager will be responsible for the costs and fees associated with abatement.

The confirmed cost of abatement of a nuisance upon any lot or parcel of land constitutes a personal joint and several obligation of the property owner and Manager of the property. Managers may also be subject to any criminal, administrative, or civil penalties for failure to abate a public nuisance.

Recommended Action: Introduce, by Title Only, an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property,
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Code Enforcement Department
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

ORDINANCE NO.X
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 11, DIVISION 3 OF THE CITY CODE TO REQUIRE THE MANAGER OF A PRIVATE,

COMMERCIALLY-ZONED PROPERTY TO ABATE NUISANCE CONDITIONS ON THE PROPERTY.

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

SECTION ONE.

Chapter 11 in Division 3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§3401 DEFINITIONS
* * *
JUNK: Any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn out or wrecked object, thing or material or substance, having no substantial market value.

MANAGER: If not included in the definition of Owner, a Manager is any natural person who is a decisionmaker for an Owner or occupies a prominent and influential position with the Owner and/or has extensive knowledge and control over the Owner’s affairs and as a result thereof has personal responsibility to prevent or abate nuisance conditions under this Chapter.

OWNER: Any person(s) shown as the property owner on the latest equalized property tax assessment rolls, or in the case of a vehicle, any person(s) shown on the last registration of the vehicle, or if that information is not ascertainable, the owner shall be deemed to be the occupant of the property on which the vehicle is located.
* * *
§3402 PROHIBITED HEALTH, SAFETY, AND VISUAL BLIGHT NUISANCES It shall be unlawful, and it is hereby declared to be a public nuisance, for any person owning, leasing, occupying, or having charge of any commercially zoned business or commercially zoned property within the cityCity of Ukiah, to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:
* * *
F. Broken or cracked windows, windows boarded up with unpainted materials attached to the exterior of the building, or unattractive products adhered to/covering the inside of the window, unless the structure is undergoing a remodeling project. The property owner or Manager can have thirty (30) to ninety (90) days to correct the problem with the submittal and approval of a reasonable improvement strategy/plan, unless the nuisance condition creates an imminent risk of damage to persons or property. * * *
§3404 NOTIFICATION OF DECLARED NUISANCE
Attachment 1

Whenever the city managerCity Manager or his/her designee finds that a condition declared a public nuisance, as defined by section 3402 of this chapter, exists on any premises located within the cityCity, he shall advise the property owner or Manager of the nuisance and direct the owner or Manager to abate the nuisance. The property owner or Manager shall be notified of the existence of the nuisance in writing.

The notification shall describe the violations and establish a reasonable abatement period, and may also set forth suggested methods of abatement.
§3405 VOLUNTARY ABATEMENT
The owner, Manager, or tenant of any building, structure or property found to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition as appropriate. The cityCity shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. * * *
§3407 NOTICE OF PUBLIC HEARING – REQUIRED
A. A written notice of public hearing, substantially in the form contained in subsection B of this section, shall be served at least ten (10) days prior to the date set for the Hearing Officer public hearing.

B. Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, addressed to the record owner and business owner or Manager at his or her or their address as it appears on the latest equalized assessment roll of Mendocino County, or as known to the City Manager. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises.

1. In lieu of personally serving the owner or Manager or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:
* * *
§3408 NOTICE OF PUBLIC HEARING – FORM
Notice substantially in the following form shall be given:

NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND

TO ABATE IN WHOLE OR IN PART
Notice is hereby given that on (insert date) the Hearing Officer of the City of Ukiah will hold a public hearing at (insert place) to ascertain whether certain premises situated in the City of Ukiah, State of California, known and designated as (insert address or description) to constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 3402 and if the same are not promptly abated by the owner or Manager, such nuisances may be abated by municipal authorities, in which case the cost of such abatement, including removal of the nuisance, rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid.

Said alleged violations consist of the following:

Said methods of abatement available are:

All persons having any objection to, or interest in, said matters are hereby notified to attend a hearing before the Hearing Officer of the City to be held on (insert date and time) when their testimony and evidence will be heard and given due consideration.

DATED (insert date)
City Manager of the City of Ukiah
* * *
§3410 HEARING – PROCEEDINGS
At the time and place stated in the notice of public hearing, the Hearing Officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, managers, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. The hearing may be continued from time to time. * * *
§3413 SERVICE OF ABATEMENT ORDER
Upon issuance of the Hearing Officer’s written decision, the City Manager/designee shall post a copy thereof conspicuously on the premises involved and shall serve a copy upon the record owner or Manager by first class mail and one copy shall be mailed to each of the following if known to the department head or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner, Manager, or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises.
§3414 ABATEMENT IN CONJUNCTION WITH ORDER
The property owner, Manager, or person having charge or control of the property, may at his own expense abate the nuisance as prescribed by the order of the Hearing Officer prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the City and had been abated in accordance with the order, proceedings shall be terminated. §3416 ENFORCEMENT OF ABATEMENT ORDER
A. After any notice and order issued pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who fails to comply with any such order or decision after notice thereof is guilty of a misdemeanor.

B. If, after any notice and order has become final, the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order after notice thereof, the cCity Mmanager/designee may, without further notice:

1. Refer the person for criminal prosecution;

2. Institute an appropriate action to abate the conditions that constitute a public nuisance. The city managerCity Manager or his designee may cause the same to be abated by cCity forces or a private

contractor.

3. Whenever the Ccity Mmanager or his designee determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the Ccity Mmanager/designee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
a. Notice: The Ccity Mmanager or his/her designee shall attempt to make contact through a personal interview, or by telephone, with the owner or Manager of the property or the person, if any, occupying or otherwise in real or apparent charge of the property. The Ccity Mmanager/designee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
b. Abatement: If the city managerCity Manager or his/her designee is unable to make contact as hereinabove noted, or if the appropriate persons after notification by the city managerCity Manager or his designee do not take action within such time as may be specified by such official, then the city managerCity Manager/designee may take all actions deemed necessary in order to protect the public from harm to remove, repair or isolate such dangerous condition or conditions, with the use of cityCity forces or a contractor engaged pursuant to the provisions of this chapter. §3417 RECORD OF ABATEMENT COSTS
A. If abatement action is taken by the city, all costs of the abatement will be assessed against the property and will attach as a lien until paid.

Costs of expenses for which the cityCity may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.

The costs of abatement shall include the total cityCity cost of inspections and enforcement (excluding the actual costs of abatement which shall be itemized as set forth in subsection B of this section), which shall be set by resolution of the city council. An additional fee which shall be set by resolution of the city council shall be imposed on the owner and Manager of the property at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. Costs shall be assessed at the conclusion of the abatement provided, however, in the case of the abatement by any method which takes more than six (6) months, costs may be assessed at any time after six (6) months, but in no event more than two (2) times a year.

Costs and expenses may be recovered even if the nuisance is corrected voluntarily, subsequent to the issuance of an abatement order. No fees shall be due and owing if an appeal is filed and the appeal is sustained. All fees shall be a personal obligation of the owner and Manager and a lien upon the property and are due and payable within thirty (30) days of issuance of the notice and order or closing of the file respectively; provided that if an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not paid within that time shall be payable to the cityCity.

B. The city managerCity Manager/designee shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized billing to the property owner or Manager which shall be due and payable within

thirty (30) days. If the owner or Manager refuses or neglects to pay the bill, an itemized report in writing shall be made to the city council showing the cost of abatement and the rehabilitation, demolishing or repairing of said premises, building or structures, including any salvage value relating thereto; provided, that before said report is submitted to the city council a copy of the same shall be mailed together with a notice of the time when said report shall be heard by the city council for confirmation.

C. The city council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs, and shall serve notice thereof.

D. Proof of said service shall be made by declaration under penalty of perjury filed with the city clerk. * * *
§3419 NUISANCE ABATEMENT LIEN
A. If the nuisance abatement and related administrative costs are not paid within five (5) days after the city council confirms the costs of abatement, the cityCity shall notify the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the cityCity, the date of the abatement order, the street address, the legal description and the assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the owner of the parcel. The notice shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Mendocino County pursuant to section 6062 of the Government Code. The notice of lien shall be in substantially the form provided in subsection 3420B of this chapter.

B. After notice is given in accordance with subsection A of this section, the notice of lien shall be recorded in the Mendocino County recorder’s office and shall thereafter constitute a lien on the real property for the expense of the abatement, and the related administrative costs (assessed in accordance with subsection 3417A of this chapter) together with interest thereon.

C. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Mendocino County recorder’s office.

D. The city may enforce the nuisance abatement lien by an action for a money judgment. * * *
§3421 OWNER’S OR MANAGER’S PERSONAL OBLIGATION
A. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a personal joint and several obligation of the property owner and Manager and the city managerCity Manager/ designee is authorized to commence an action in the name of the cityCity in any court of competent jurisdiction to collect the cost of abatement from the property owner and Manager.

B. Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner or Manager of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to section 17980 of the California Health and Safety Code, the court may order the owner or Manager or both to pay triple the costs of the abatement. §3422 ALTERNATIVE COLLECTION METHODS
A civil action to foreclose a lien, the special assessment procedure and a personal action against the owner or Manager or both shall not be mutually exclusive and the cityCity shall be free to use all methods simultaneously as long as the Ccity does not receive recover multiple payment for the abatement costs. * * *
§3424 VIOLATION – PENALTY
A. Criminal Violations; Civil Penalties: Any responsible party, whether owner, Manager, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this chapter shall be guilty of a misdemeanor for each day such violation continues. Without limiting the enforceability of any other statute, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to this chapter any person violating the provisions of this chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation concerning property that is located in a commercially zoned district as authorized by articles 6, 7, and 8 of this code (as amended or supplanted) of not less than one hundred fifty dollars ($150.00) or more than two thousand five hundred dollars ($2,500.00) for each day the violation continues. The city attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this chapter.

B. Administrative Penalties: In addition to criminal sanctions, civil penalties provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed against any responsible party, whether owner, Manager, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this code.

C. Reasonable Period To Correct Violations: No administrative penalty shall be imposed for violations of provisions of this chapter unless the owner or Manager has been provided a reasonable period of time after service of notice thereof pursuant to this chapter to correct the violation before imposition of the penalty except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this chapter shall be thirty (30) days from service of a notice of violation unless otherwise directed by the city council.

D. Abatement Interference: Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.

§3425 NUISANCES ENDANGERING PUBLIC HEALTH
A. Whenever a nuisance endangering the public health is ascertained to exist on any premises, or in any house or other place, the health officerBuilding Official shall notify, in writing, any person owning or having control of, or acting as agent for such premises, house or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice.

B. Upon the neglect or refusal of any owner, Manager, occupant, or agent, or other person having control of such house or other place, to comply with such notice, the health officerBuilding Official may abate such nuisance; and the owner, Manager, agent or occupant, or other person having control of such house or place, in addition to the penalties provided by this chapter shall be liable to the cityCity for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the health officeBuilding Division shall proceed to abate such nuisance at the expense of the cityCity, at a cost of not to exceed twentyfifty five dollars per day.

SECTION THREE.

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

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

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.

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 CHAPTER 11, DIVISION 3 OF THE CITY CODE TO REQUIRE THE MANAGER OF A PRIVATE,

COMMERCIALLY-ZONED PROPERTY TO ABATE NUISANCE CONDITIONS ON THE PROPERTY.

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

SECTION ONE.

Chapter 11 in Division 3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§3401 DEFINITIONS
* * *
JUNK: Any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn out or wrecked object, thing or material or substance, having no substantial market value.

MANAGER: If not included in the definition of Owner, a Manager is any natural person who is a decisionmaker for an Owner or occupies a prominent and influential position with the Owner and/or has extensive knowledge and control over the Owner’s affairs and as a result thereof has personal responsibility to prevent or abate nuisance conditions under this Chapter.

OWNER: Any person(s) shown as the property owner on the latest equalized property tax assessment rolls, or in the case of a vehicle, any person(s) shown on the last registration of the vehicle, or if that information is not ascertainable, the owner shall be deemed to be the occupant of the property on which the vehicle is located.
* * *
§3402 PROHIBITED HEALTH, SAFETY, AND VISUAL BLIGHT NUISANCES It shall be unlawful, and it is hereby declared to be a public nuisance, for any person owning, leasing, occupying, or having charge of any commercially zoned business or commercially zoned property within the City of Ukiah, to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:
* * *
F. Broken or cracked windows, windows boarded up with unpainted materials attached to the exterior of the building, or unattractive products adhered to/covering the inside of the window, unless the structure is undergoing a remodeling project. The property owner or Manager can have thirty (30) to ninety (90) days to correct the problem with the submittal and approval of a reasonable improvement strategy/plan, unless the nuisance condition creates an imminent risk of damage to persons or property. * * *
§3404 NOTIFICATION OF DECLARED NUISANCE
Attachment 2

Whenever the City Manager or his/her designee finds that a condition declared a public nuisance, as defined by section 3402 of this chapter, exists on any premises located within the City, he shall advise the property owner or Manager of the nuisance and direct the owner or Manager to abate the nuisance. The property owner or Manager shall be notified of the existence of the nuisance in writing. The notification shall describe the violations and establish a reasonable abatement period, and may also set forth suggested methods of abatement.
§3405 VOLUNTARY ABATEMENT
The owner, Manager, or tenant of any building, structure or property found to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition as appropriate. The City shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. * * *
§3407 NOTICE OF PUBLIC HEARING – REQUIRED
A. A written notice of public hearing, substantially in the form contained in subsection B of this section, shall be served at least ten (10) days prior to the date set for the Hearing Officer public hearing.

B. Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, addressed to the record owner and business owner or Manager at his or her or their address as it appears on the latest equalized assessment roll of Mendocino County, or as known to the City Manager. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises.

1. In lieu of personally serving the owner or Manager or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:
* * *
§3408 NOTICE OF PUBLIC HEARING – FORM
Notice substantially in the following form shall be given:

NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND

TO ABATE IN WHOLE OR IN PART
Notice is hereby given that on (insert date) the Hearing Officer of the City of Ukiah will hold a public hearing at (insert place) to ascertain whether certain premises situated in the City of Ukiah, State of California, known and designated as (insert address or description) to constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 3402 and if the same are not promptly abated by the owner or Manager, such nuisances may be abated by municipal authorities, in which case the cost of such abatement, including removal of the nuisance, rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid.

Said alleged violations consist of the following:

Said methods of abatement available are:

All persons having any objection to, or interest in, said matters are hereby notified to attend a hearing before the Hearing Officer of the City to be held on (insert date and time) when their testimony and evidence will be heard and given due consideration.

DATED (insert date)
City Manager of the City of Ukiah
* * *
§3410 HEARING – PROCEEDINGS
At the time and place stated in the notice of public hearing, the Hearing Officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, managers, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. The hearing may be continued from time to time. * * *
§3413 SERVICE OF ABATEMENT ORDER
Upon issuance of the Hearing Officer’s written decision, the City Manager/designee shall post a copy thereof conspicuously on the premises involved and shall serve a copy upon the record owner or Manager by first class mail and one copy shall be mailed to each of the following if known to the department head or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner, Manager, or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises.
§3414 ABATEMENT IN CONJUNCTION WITH ORDER
The property owner, Manager, or person having charge or control of the property, may at his own expense abate the nuisance as prescribed by the order of the Hearing Officer prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the City and had been abated in accordance with the order, proceedings shall be terminated. §3416 ENFORCEMENT OF ABATEMENT ORDER
A. After any notice and order issued pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who fails to comply with any such order or decision after notice thereof is guilty of a misdemeanor.

B. If, after any notice and order has become final, the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order after notice thereof, the Cty Manager/designee may, without further notice:

1. Refer the person for criminal prosecution;

2. Institute an appropriate action to abate the conditions that constitute a public nuisance. The City Manager or his designee may cause the same to be abated by Cty forces or a private contractor.

3. Whenever the City Manager or his designee determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the City Manager/designee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
a. Notice: The City Manager or his/her designee shall attempt to make contact through a personal interview, or by telephone, with the owner or Manager of the property or the person, if any, occupying or otherwise in real or apparent charge of the property. The City Manager/designee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. b. Abatement: If the City Manager or his/her designee is unable to make contact as hereinabove noted, or if the appropriate persons after notification by the City Manager or his designee do not take action within such time as may be specified by such official, then the City Manager/designee may take all actions deemed necessary in order to protect the public from harm to remove, repair or isolate such dangerous condition or conditions, with the use of City forces or a contractor engaged pursuant to the provisions of this chapter.
§3417 RECORD OF ABATEMENT COSTS
A. If abatement action is taken by the city, all costs of the abatement will be assessed against the property and will attach as a lien until paid.

Costs of expenses for which the City may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.

The costs of abatement shall include the total City cost of inspections and enforcement (excluding the actual costs of abatement which shall be itemized as set forth in subsection B of this section), which shall be set by resolution of the city council. An additional fee which shall be set by resolution of the city council shall be imposed on the owner and Manager of the property at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. Costs shall be assessed at the conclusion of the abatement provided, however, in the case of the abatement by any method which takes more than six (6) months, costs may be assessed at any time after six (6) months, but in no event more than two (2) times a year.

Costs and expenses may be recovered even if the nuisance is corrected voluntarily, subsequent to the issuance of an abatement order. No fees shall be due and owing if an appeal is filed and the appeal is sustained. All fees shall be a personal obligation of the owner and Manager and a lien upon the property and are due and payable within thirty (30) days of issuance of the notice and order or closing of the file respectively; provided that if an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not paid within that time shall be payable to the City.

B. The City Manager/designee shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized billing to the property owner or Manager which shall be due and payable within thirty (30) days.

If the owner or Manager refuses or neglects to pay the bill, an itemized report in writing shall be made to the city council showing the cost of abatement and the rehabilitation, demolishing or repairing of said

premises, building or structures, including any salvage value relating thereto; provided, that before said report is submitted to the city council a copy of the same shall be mailed together with a notice of the time when said report shall be heard by the city council for confirmation.

C. The city council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs, and shall serve notice thereof.

D. Proof of said service shall be made by declaration under penalty of perjury filed with the city clerk. * * *
§3419 NUISANCE ABATEMENT LIEN
A. If the nuisance abatement and related administrative costs are not paid within five (5) days after the city council confirms the costs of abatement, the City shall notify the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the City, the date of the abatement order, the street address, the legal description and the assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the owner of the parcel. The notice shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Mendocino County pursuant to section 6062 of the Government Code. The notice of lien shall be in substantially the form provided in subsection 3420B of this chapter.

B. After notice is given in accordance with subsection A of this section, the notice of lien shall be recorded in the Mendocino County recorder’s office and shall thereafter constitute a lien on the real property for the expense of the abatement, and the related administrative costs (assessed in accordance with subsection 3417A of this chapter) together with interest thereon.

C. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Mendocino County recorder’s office.

D. The city may enforce the nuisance abatement lien by an action for a money judgment. * * *
§3421 OWNER’S OR MANAGER’S PERSONAL OBLIGATION
A. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a personal joint and several obligation of the property owner and Manager and the City Manager/ designee is authorized to commence an action in the name of the City in any court of competent jurisdiction to collect the cost of abatement from the property owner and Manager.

B. Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner or Manager of property is responsible for a condition that may be abated in accordance

with this chapter, except for conditions abated pursuant to section 17980 of the California Health and Safety Code, the court may order the owner or Manager or both to pay triple the costs of the abatement. §3422 ALTERNATIVE COLLECTION METHODS
A civil action to foreclose a lien, the special assessment procedure and a personal action against the owner or Manager or both shall not be mutually exclusive and the City shall be free to use all methods simultaneously as long as the City does not recover multiple payment for the abatement costs. * * *
§3424 VIOLATION – PENALTY
A. Criminal Violations; Civil Penalties: Any responsible party, whether owner, Manager, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this chapter shall be guilty of a misdemeanor for each day such violation continues. Without limiting the enforceability of any other statute, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to this chapter any person violating the provisions of this chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation concerning property that is located in a commercially zoned district as authorized by articles 6, 7, and 8 of this code (as amended or supplanted) of not less than one hundred fifty dollars ($150.00) or more than two thousand five hundred dollars ($2,500.00) for each day the violation continues. The city attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this chapter.

B. Administrative Penalties: In addition to criminal sanctions, civil penalties provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed against any responsible party, whether owner, Manager, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this code.

C. Reasonable Period To Correct Violations: No administrative penalty shall be imposed for violations of provisions of this chapter unless the owner or Manager has been provided a reasonable period of time after service of notice thereof pursuant to this chapter to correct the violation before imposition of the penalty except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this chapter shall be thirty (30) days from service of a notice of violation unless otherwise directed by the city council.

D. Abatement Interference: Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.
§3425 NUISANCES ENDANGERING PUBLIC HEALTH
A. Whenever a nuisance endangering the public health is ascertained to exist on any premises, or in

any house or other place, the Building Official shall notify, in writing, any person owning or having control of, or acting as agent for such premises, house or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice.

B. Upon the neglect or refusal of any owner, Manager, occupant, or agent, or other person having control of such house or other place, to comply with such notice, the Building Official may abate such nuisance; and the owner, Manager, agent or occupant, or other person having control of such house or place, in addition to the penalties provided by this chapter shall be liable to the City for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the Building Division shall proceed to abate such nuisance at the expense of the City, at a cost of not to exceed fifty dollars per day.

SECTION THREE.

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

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

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.

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: 14.c.

MEETING DATE/TIME: 9/4/2024

ITEM NO: 2024-553

AGENDA SUMMARY REPORT
SUBJECT: Award of Contract with BKF Traffic Engineers for Design and Engineering Services Related to a Roundabout Design at Low Gap Road and North Bush Street, 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. Ukiah School Area Traffic Study - Final Draft 2020-12-18

2. Request for Proposals - Low Gap Roundabout - FINAL

3. BKF_Ukiah_Roundabout_Low_Gap_Road

4. BKF_Fee_Ukiah_Roundabout_Low_Gap_Road
Summary: Council will consider the approval of a contract award to BKF Traffic Engineers in the amount of $250,030 for design and engineering services related to a roundabout design at Low Gap Road and North Bush Street, and approve a corresponding budget amendment.

Background: The City has worked with Mendocino Council of Governments (MCOG) and Ukiah Unified School District (UUSD) to find solutions to the traffic issues that occur in peak travel times, especially when school is in session. The intersection of Low Gap Road and Bush Street has been a key issue as part of this study. This is a unique intersection that sees traffic from three schools in the area; Pomolita, Frank Zeek and Ukiah High. A roundabout was identified in this study as one of the solutions to the problem in this area. The study noted that a single lane roundabout would improve circulation, reduce queuing and enhance safety for pedestrians and cyclists by minimizing conflict points and shortening crossing distances. This study (Attachment 1) was initially presented to Council on March 3, 2021.

Discussion: A Request for Proposal (RFP) for the design and engineering services for the roundabout was released on May 15, 2024 (Attachment 2). The City received two proposals in response.Upon review, Engineering Staff recommend awarding the contract to BKF Traffic Engineers based on their satisfactory past performance on the Urban Core Rehabilitation and Transportation Improvements Project, which included work on Perkins Street, Main Street, and Gobbi Street. See Attachments 3 and 4 for BKF's proposal and fee schedule.

BKF Engineers, in partnership with W-Trans, will be responsible for the roundabout's geometric design, traffic analysis, and public engagement. The services will encompass project management, data collection, various design phases (30%, 60%, and final), public outreach, and quality assurance/quality control measures. Their comprehensive approach ensures that all aspects of the roundabout design are thoroughly addressed to improve traffic flow, pedestrian, and cyclist safety at the Low Gap Road and North Bush Street intersection.

To further enhance bicyclist safety, the design development will evaluate and incorporate features such as appropriate signage and road markings to guide cyclists, cycle-friendly entry and exit points to allow safe merging with vehicular traffic, and elements that encourage lower vehicle speeds, such as tighter radii and raised crosswalks. Well-marked crossing points and visibility enhancements will also be integrated to ensure

that cyclists are visible to drivers, reducing the risk of collisions.

The design and engineering costs for this project will be fully reimbursed by a CalTrans grant.

Recommended Action: Approve of contract award to BKF Traffic Engineers in the amount of $250,030 for design and engineering services related to a roundabout design at Low Gap Road and North Bush Street, and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: NONE
PROPOSED BUDGET AMOUNT: 50924210.80230.TBD $250,030
FINANCING SOURCE: Caltrans Grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Jason Benson, Senior Engineer and Tim Eriksen, Director of Public Works/City Engineer
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles.

GENERAL PLAN ELEMENTS (GP):GP-A3 - Mobility Element

GHD | City of Ukiah | 11176246 | 104 | Report No. 1 | December 18, 2020 Ukiah Traffic Analysis
for Schools and
Surrounding Areas
City of Ukiah
Final Report
ATTACHMENT 1

GHD | City of Ukiah | 11176246 | 104 | Report No. 1 | December 18, 2020 Table of Contents

1. Introduction................................................................................................................................... 3

1.1 Planning and Policy Context.............................................................................................. 3

2. Existing Conditions....................................................................................................................... 4

2.1 Activity Generators............................................................................................................. 4

2.2 Existing Infrastructure ........................................................................................................ 4

1. Street Network .......................................................................................................... 4

2. Pedestrian Network................................................................................................... 4

3. Bicycle Network......................................................................................................... 5

4. Transit Network ......................................................................................................... 5

2.3 Existing Traffic Operations Analysis .................................................................................. 5

1. Level of Service......................................................................................................... 5

2. Queues...................................................................................................................... 7

2.4 Collisions............................................................................................................................ 8

3. Needs & Recommendations ........................................................................................................ 8

3.1 Recommended Improvements......................................................................................... 10

1. North State Street at Empire Drive ......................................................................... 10

2. North State Street at Brush Street .......................................................................... 10

3. North Bush Street at Low Gap Road ...................................................................... 10

4. Despina Drive at Low Gap Road ............................................................................ 12

5. Despina Drive at Capps Lane ................................................................................. 16

6. Despina Drive at Empire Drive................................................................................ 16

7. Empire Drive ........................................................................................................... 18

8. Low Gap Road ........................................................................................................ 18

9. North Bush Street near Arlington Drive................................................................... 18

10. Ukiah High School Parking Lots ............................................................................. 19

GHD | City of Ukiah | 11176246 | 104 | Report No. 1 | December 18, 2020 Figure Index
Figure 1: Improvement Map ................................................................................................................... 9 Figure 2: North Bush Street at Low Gap Road – Roundabout Improvement Concept ........................ 11 Figure 3: Despina Drive at Low Gap Road – Roundabout Improvement Concept .............................. 13 Figure 4: Despina Drive at Low Gap Road – Curb Extension Concept ............................................... 14 Figure 5: Despina Drive at Low Gap Road – Traffic Signal Improvement Concept............................. 15 Figure 6: Despina Drive at Capps Lane – Curb Extensions Improvement Concept............................ 17 Figure 7: Ukiah High School Parking Lot Improvement Concept......................................................... 20 Table Index
Table 1: Existing Intersection Operations .............................................................................................. 6 Table 2: Existing School Year Queue Lengths ...................................................................................... 7 Appendix Index
Appendix A Traffic Operations Analysis Figures
Appendix B Traffic Counts and Turning Movements
Appendix C Synchro and Sim Traffic Outputs
Appendix D Design Recommendations
Appendix E Signal Timing

GHD | Final Report | 11176246| Page 3

1. Introduction
The City of Ukiah Department of Public Works retained GHD to provide a comprehensive traffic analysis of schools in northwest Ukiah and their immediate surroundings to identify safety and congestion issues. This report presents existing conditions, needs, and recommended improvements for walking, bicycling, and driving in northwest Ukiah.

1.1 Planning and Policy Context
This report builds on previous planning efforts in the Ukiah community, helping the City fulfill its goal to improve the quality of life for residents by providing safer and better connected transportation networks (City of Ukiah Bicycle and Pedestrian Master Plan).

Two intersections in the project area have already been identified or programmed for improvements. New signal poles were recently installed at the intersection of North State Street and Low Gap Road that include left turn signal heads and allow for an eight-phase cycle. The intersection of North Bush Street and Low Gap Road has been identified as a potential roundabout location, with $115,000 funded through the City’s Short-Range Improvement Program.

Recommended improvements draw from these and other existing plans, including the Ukiah Safe Routes to School Plan and the Ukiah Bicycle and Pedestrian Master Plan.

Improving multimodal connectivity, particularly near schools, is an explicit goal in several local and regional plans.
 The Mendocino County Safe Routes to School (SRTS) Program and City of Ukiah Safe Routes to School Plan both seek to improve the quality of life for students by promoting physical activity and improving air quality
 The 2017 Mendocino County Regional Transportation Plan notes a need for intersection improvements along North State Street in the study area, among other transportation improvements
 The 2017 Mendocino County Active Transportation Plan presents a regional framework for improving bicycling, walking, and transit throughout the county  The City of Ukiah Bicycle and Pedestrian Master Plan includes policies and infrastructure recommendations to improve conditions for bicycling and walking in the City and create a better connected network for active transportation
 The City of Ukiah General Plan Circulation Element and the City of Ukiah Citywide Circulation Study provide objectives and policies related to level of service (LOS) and model existing and future circulation and operations

GHD | Final Report | 11176246| Page 4

2. Existing Conditions

2.1 Activity Generators
Public schools located in the project area include Ukiah High School, Frank Zeek Elementary School, and Orr Creek School for Special Education. The Ukiah Adult School and Ukiah Independent Study Academy are also located in the project area, but may have atypical transportation patterns compared to other campuses.

The Ukiah Unified School District recently altered the schedule for many of the schools in their district in an attempt to alleviate congestion by staggering start times.

In addition, several Mendocino County administration facilities and offices are located in the study area. These include the Mendocino County Sheriff’s Office, Juvenile Hall, and Probation Services; Mendocino County Planning and Building Services; County Administration offices; and General Services. These facilities are located primarily along the south side of Low Gap Road.

2.2 Existing Infrastructure

1. Street Network
The study area includes streets from local to arterial roadways. Regional access is provided primarily by US 101. Circulation within the study area is provided by the following streets.

North State Street is a four-lane, north-south, undivided arterial roadway that runs between Low Gap Road and Empire Drive within the study area. State Street is the primary connector between northern and southern Ukiah.

Low Gap Road is a two-lane, east-west, undivided major collector facility that runs between State Street and Despina Drive within the study area.

Despina Drive is a two-lane, north-south, undivided residential roadway that runs between Low Gap Road and Empire Drive within the study area. Despina Drive currently has a speed limit of 25 MPH.

North Bush Street is a two-lane, north-south, undivided residential roadway that runs between, Low Gap Road and Empire Drive within the study area. Frank Zeek Elementary School and the Ukiah Adult School are both present along North Bush Street.

Empire Drive is a two-lane, east-west, undivided residential roadway that runs between Despina Drive and North State Street. Empire Drive currently has a speed limit of 25 MPH.

2. Pedestrian Network
Sidewalks are present along all roadways in the study area, with no notable gaps in pedestrian facilities. In some areas, utility poles, sign posts, and other obstructions reduce the passable width of sidewalks below minimums required by the Americans with Disabilities Act (ADA). These

GHD | Final Report | 11176246| Page 5
obstructions were primarily observed in the project area on Low Gap Road and on North State Street.

Marked crosswalks are provided along North State Street at the intersections of Empire Drive, Bricarelli Drive, and Low Gap Road. Yellow school crosswalks are marked at the following intersections:
 North State Street and Mazzoni Street
 North State Street and Magnolia Street
 North Bush Street and Low Gap Road
 North Bush Street and Arlington Drive
 Midblock on Low Gap Road near the Mendocino County Jail driveway  Despina Drive and Low Gap Road
 Despina Drive and Capps Lane
 Despina Drive and Empire Drive

3. Bicycle Network
Class II bicycle lanes currently exist in the study area along Low Gap Road, Despina Drive, and North Bush Street. Except for a segment of Low Gap Road west of North Bush Street, all streets with bicycle lanes also have on-street parking.

At the intersection of North Bush Street and Low Gap Road, gaps are created in the bikeway network when bicycle lanes on all approaches end 100 to 250 feet before the intersection.

4. Transit Network
Mendocino Transit Authority provides transit service on two local routes within Ukiah and three regional routes that offer connections to nearby destinations. The Ukiah Unified School District also operates eleven school bus routes within the community.

Transit stops in the project area are located near each school and along North Bush Street and North State Street.

2.3 Existing Traffic Operations Analysis

1. Level of Service
Traffic operations are measured using “Level of Service” (LOS), a qualitative metric for traffic conditions. Letter grades A through F are assigned to intersections or roadway segments and represent progressively worsening traffic conditions. In general, LOS A represents free-flow conditions with very little delay, and LOS F represents over-capacity conditions with long delays and queues.

GHD | Final Report | 11176246| Page 6
Mendocino County’s Ukiah Valley Area Plan establishes standards for acceptable LOS that apply to multiple intersections in this project area:
 For State Routes and all Mendocino County arterials and collectors, LOS D is acceptable  For local roads, LOS C is acceptable
The City of Ukiah General Plan includes interim standards for acceptable LOS that apply to this project:
 At signalized or all-way stop controlled intersections, LOS D is acceptable  At intersections with stop controls only on side streets, LOS E is acceptable, except where side streets have very low traffic volumes and LOS F conditions may be acceptable Six intersections in the study area were selected for analysis using existing traffic volumes, intersection controls, and lane geometries. Table 1 presents selected intersection operations for AM and PM peak hours under both school year and summer conditions.

Table 1: Existing Intersection Operations
# Intersection Control
Type1,2
School Year Summer

AM PM AM PM
Delay LOS Delay LOS Delay LOS Delay LOS
1 N State St &
Empire Dr
Signal 44.4 D 35.7 D 17.6 B 22.0 C
2 N State St & Low
Gap Rd
Signal 19.4 B 20.4 C 17.4 B 21.7 C
3 N Bush St & Low
Gap Rd
AWSC 31.7 D 32.9 D 12.4 B 11.8 B
4 Despina Dr & Low
Gap Rd
AWSC 16.9 C 15.4 C 8.1 A 7.3 A
5 Despina Dr &
Capps Ln
TWSC 33.0 D 20.1 C 9.5 A 9.9 A
6 Despina Dr &
Empire Dr
TWSC 22.3 C 13.3 B 9.5 A 9.0 A
As shown in Table 1, three intersections were found to operate at an unacceptable LOS during the school year:
 North State Street and Empire Drive operates at LOS D due to high eastbound left-turn volumes on Empire Drive
 North Bush Street and Low Gap Road operates at LOS D due to low peak hour factors on some movements
 Despina Drive and Capps Lane operates at LOS D due to heavy school traffic on Despina Drive making it difficult to turn off of Capps Lane

GHD | Final Report | 11176246| Page 7
All study intersections currently operate at or above acceptable LOS during summer months, likely due to the absence of regular school-related traffic.

Additional detail on this traffic operations analysis is provided in Appendix A. Traffic counts and turning movements are documented in Appendix B, and model outputs are provided in Appendix C.

2. Queues
Due to the complex interaction between the pedestrians, vehicles, and school crossing guard at the intersections of N. Bush Street & Low Gap Road, a SimTraffic analysis was performed to determine the impact these various modes have on the circulation system. The SimTraffic model was modified to better align with what was observed in the field. Due to the limitations of the program, the AM peak hour queues reported in SimTraffic do not match the observed AM peak hour queues.

Table 2 presents the Existing School Year Queue Lengths in the AM and PM peak hours.

Table 2: Existing School Year Queue Lengths
# Intersection/Approach Control
Type1,2
Existing School Year 95th
Percentile Queue (ft) Available
Storage AM PM
3 N Bush St & Low Gap Rd
AWSC
Eastbound Left 94 145 115
Eastbound Through/Right 227 371
Westbound Left 100 72 110
Westbound Through/Right 143 119
Northbound Left 101 87 75
Northbound Through 102 154
Northbound Right 5 88 75
Southbound Left 59 56 105
Southbound Through 103 110
Southbound Right 57 36 80
4 Despina Dr & Low Gap Rd
AWSC Eastbound Left/Through 107 107
Westbound Through/Right 141 94
Southbound Left/Right 97 80
Queues are mostly acceptable, with the exception of the eastbound through lane at the intersection of N Bush Street and Low Gap Road. The queues exceed the available storage of the turn pocket for the northbound left lane during both the AM and PM peak hour, and for the eastbound left and northbound right lanes during the PM peak hour.

Based on field observations, there are extensive queues at the above study intersections that were not reflected in the modeled queue lengths. At the intersection of N. Bush Street & Low Gap Road the eastbound, westbound, and southbound queues exceed capacity. This is largely due to the

GHD | Final Report | 11176246| Page 8
number of pedestrians and the crossing guard. Despite the crossing guard only motioning to stop traffic in two directions, the entire intersection would stop instead, bring all traffic to a standstill while students crossed. This, coupled with slow decision-making at the intersection, greatly increased the queue length compared to what was simulated.

At the intersection of Despina Drive & Low Gap Road, there was a consistently long queue in the westbound direction. The queue in the eastbound direction did not appear until after the school had officially started and is due to the vehicles that dropped off students at the school. The long westbound queue is due to a combination of students crossing and slow decision-making at the intersection.

2.4 Collisions
Collisions at the intersections in the study area were reviewed for the period of 2011 to 2017 from both the Statewide Integrated Traffic Records System (SWITRS) and Transportation Injury Mapping System (TIMS). The collisions during this period can be summarized as follows:

1. North State Street and Empire Drive: four injury collisions, three of which involved pedestrians. One severe injury, two visible injury, one complaint of pain. There were also three property damage only collisions.

2. North State Street and Low Gap Road: four visible injury and five complain of pain collisions. In addition, nine property damage only collisions were reported.

3. North Bush Street and Low Gap Road: one property damage only collision.

4. Despina Drive and Low Gap Road: one severe injury just north of the intersection, and one property damage only collision.

5. Despina Drive and Capps Lane: one visible injury, and two complaint of pain injury collisions, both of which involved pedestrians.

6. Despina Drive and Empire Drive: one property damage only collision.

3. Needs & Recommendations
Recommended infrastructure improvements are described in the following chapter, along with a summary of the challenge or concern that each improvement is intended to address.

Recommendations are organized by numbered locations that correspond to intersection numbers from Table 1 and add additional numbers for other spot or corridor locations.

Figure 1 on the following page presents a concept-level overview of recommended improvements.

Where applicable, designs for individual recommendations are provided in additional detail. These detailed concepts are also presented in Appendix D.

0 250 Feet 500
.

Low Gap Road
Despina Drive
North Bush Street
North State Street North State Street
Capps Lane
Arlington Drive
Empire Drive Empire Drive
Brush Street Brush Street
Figure 1:

Ukiah School Improvement Map
DRAFT
1 1
2 2
3 3
456
7 7
8 89
9 10
10 6
5 4
North State Street at Empire Drive and at Brush Street- Improvements are part of the NorthState Street Study ProjectNorth Bush Street and Low Gap Road- Consider installing a single-laneroundabout or traffic signalDespina Drive and Low Gap Road- Consider installing a single-laneroundabout or traffic signalDespina Drive and Capps Lane- Install curb extensions on all corners,including between the two crosswalks onthe west side of the intersection- Upgrade marked crosswalks to yellowhigh visibility crosswalks- Improve pedestrian gate and path ontoschool campus to meet ADA accessibilitystandardsDespina Drive and Empire Drive- Install curb extensions on both ends ofeast and south leg marked crosswalks- Upgrade marked crosswalks to yellowhigh visibility crosswalksEmpire Drive- Install Class III Bicycle Route signsevery 300-500 feetLow Gap Road- Install Class II Buffered Bicycle LanesNorth Bush Street near Arlington Drive- Install curb extension on the west side ofthe intersection- Upgrade marked crosswalks at intersection to yellow high visibility crosswalks- Mark yellow high visibility crosswalksacross school driveways south of ArlingtonDriveUkiah High School Parking Lot- Mark yellow high visibility crosswalkacross all driveways- Install green conflict markings for bicyclelanes at driveways- Mark yellow high visibility crosswalk andinstall RRFB at pedestrian pathway Recommended Improvements
Curb ExtensionHigh Visibility CrosswalkClass I Shared Use PathClass II Buffered Bike LanesClass III Bicycle Route Green Conflict MarkingsRectangular RapidFlashing Beacon Roundabout or Signal
North State Street Project

GHD | Final Report | 11176246| Page 10

3.1 Recommended Improvements

1. North State Street at Empire Drive
Improvements are being developed at this location as part of the North State Street Study Project.

2. North State Street at Brush Street
Improvements are being developed at this location as part of the North State Street Study Project.

3. North Bush Street at Low Gap Road
Challenges
Yellow transverse crosswalks are marked on all legs of the intersection, and all approaches are stop controlled. On the northwest side of the intersection, a pedestrian refuge “pork chop” exists between the southbound right turn and through lanes.

There is sufficient pedestrian traffic during morning and afternoon periods, and sufficient vehicular traffic, to have a crossing guard stationed at the northwest corner of the intersection. The current crossing guard typically crosses both the north east/west leg and the west north/south leg, waiting on the “pork chop.” Morning and afternoon queueing have been documented.

Recommendations
 A single lane roundabout is recommended to improve circulation and reduce queueing. This improvement will also reduce conflict points for pedestrians crossing the intersection, and reduce the crossing distance at any one time. See Figure 2.  A traffic signal was considered at this location, but is not the preferred alternative at this time.

Analysis of traffic operations with a signal at this location is included in Appendix C.

0 1 inch = ft. 50' 50' 50 INTERSECTION #3 IMPROVEMENTS CONCEPT ROUNDABOUT N NORTH BUSH STREET NORTH PINE STREET Filename: K:\PRJ\2506\2506EX001.dwg Plot Date: 20 December 2019 - 11:13 AM Date Report No. City of Ukiah Project No. Ukiah Traffic Analysis for Schools and Surrounding Areas 11176246 12.12.19 Source: FIGURE 2 INTERSECTION IMPROVEMENT CONCEPTS NOTES: 1. RIGHT OF WAY (R/W) LINES SHOWN ARE APPROXIMATE ONLY. BASED ON MENDOCINO COUNTY GIS DATA BASE LOW GAP ROAD 10' MULTI-USE PATH BIKE RAMP (TYP) CURB RAMP (TYP) 5' LANDSCAPE BUFFER 3' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER CENTRAL ISLAND TRUCK APRON 10' MULTI-USE PATH 10' MULTI-USE PATH 3' LANDSCAPE BUFFER 10' MULTI-USE PATH 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 10' MULTI-USE PATH RAISED SLITTER ISLAND (TYP) R/W R/W R/W R/W R/W R/W 20' 20'

GHD | Final Report | 11176246| Page 12

4. Despina Drive at Low Gap Road
Challenges
Yellow transverse crosswalks exist on the eastern and northern legs of this intersection; a yellow crosswalk with zebra markings is located on the western leg. All three approaches are stop controlled. A single diagonal curb ramp exists at each northern corner, and a single perpendicular curb ramp exists on both south corner.

The northwest corner, at the High School parking lot, allows for unconstrained turning movements and provides enough room for right turning vehicles to pull alongside left turning vehicles.

Recommendations
 A single lane roundabout is recommended to improve circulation and reduce queueing. This improvement will also reduce conflict points for pedestrians crossing the intersection, and reduce the crossing distance at any one time. See Figure 3.  Alternately, curb extensions and/or a traffic signal could be installed at this intersection. See Figure 4 and Figure 5. Appendix C presents analysis of traffic operations at this intersection if a signal were installed. Average delay would be reduced from 31.7 seconds to 26 seconds in the AM peak hour and from 32.9 seconds to 22.7 seconds in the PM peak hour, coinciding with a change in LOS from D to C for both AM and PM. Appendix E presents the signal timing sheet for the signal alternative.

0 1 inch = ft. 50' 50' 50 INTERSECTION #4 IMPROVEMENTS CONCEPT ROUNDABOUT N

DESPINA DRIVE
LOW GAP ROAD Filename: K:\PRJ\2506\2506EX001.dwg Plot Date: 20 December 2019 - 2:39 PM Date Report No. City of Ukiah Project No. Ukiah Traffic Analysis for Schools and Surrounding Areas 11176246 12.19.19 Source: FIGURE 3 INTERSECTION IMPROVEMENT CONCEPTS LOW GAP ROAD 8' MULTI-USE PATH BIKE RAMP (TYP) CURB RAMP (TYP) 3' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER CENTRAL ISLAND TRUCK APRON 10' MULTI-USE PATH5' LANDSCAPE BUFFER 10' MULTI-USE PATH RAISED SLITTER ISLAND (TYP) R/W R/W R/W R/W R/W R/W 20' 20' STAIRS RETAINING WALL NOTES: 1. RIGHT OF WAY (R/W) LINES SHOWN ARE APPROXIMATE ONLY. BASED ON MENDOCINO COUNTY GIS DATA BASE RETAINING WALL

STOP STOP STOP
11'
6'
11'
3'
6'
11'
10'
11'
3'
6'
3' 8'5' 11' 11' 5' 8' BIOSWALE (TYP) LANDSCAPE BUFFER (TYP) 8' WIDE CURB RAMP (TYP) 6' SIDEWALK R/W R/W R/W R/W R/W 5' SIDEWALK 5' SIDEWALK 5' SIDEWALK 5' SIDEWALK 5' SIDEWALK CURB RAMP (TYP) 3' R=20' R=20' VALLEY GUTTER 0 1 inch = ft. 40' 40' 40 INTERSECTION #4 IMPROVEMENTS CONCEPT CURB EXTENSIONS N

DESPINA DRIVE
LOW GAP ROAD Filename: K:\PRJ\2506\2506EX002.dwg Plot Date: 24 December 2019 - 11:01 AM Date Report No. City of Ukiah Project No. Ukiah Traffic Analysis for Schools and Surrounding Areas 11176246 12.24.19 Source: FIGURE 4 INTERSECTION IMPROVEMENT CONCEPTS NOTES: 1. RIGHT OF WAY (R/W) LINES SHOWN ARE APPROXIMATE ONLY. BASED ON MENDOCINO COUNTY GIS DATA BASE

11'
6'
11'
3'
6'
11'
10'
11'
3'
6'
3' 8'5' 11' 11' 5' 8' BIOSWALE (TYP) LANDSCAPE BUFFER (TYP) 8' WIDE CURB RAMP (TYP) 6' SIDEWALK R/W R/W R/W R/W R/W 5' SIDEWALK 5' SIDEWALK 5' SIDEWALK 5' SIDEWALK 5' SIDEWALK CURB RAMP (TYP) 3' R=20' R=20' VALLEY GUTTER 0 1 inch = ft. 40' 40' 40 INTERSECTION #4 IMPROVEMENTS CONCEPT CURB EXTENSIONS / TRAFFIC SIGNAL N

DESPINA DRIVE
LOW GAP ROAD Filename: K:\PRJ\2506\2506EX002.dwg Plot Date: 24 December 2019 - 11:01 AM Date Report No. City of Ukiah Project No. Ukiah Traffic Analysis for Schools and Surrounding Areas 11176246 12.19.19 Source: FIGURE 5 INTERSECTION IMPROVEMENT CONCEPTS NOTES: 1. RIGHT OF WAY (R/W) LINES SHOWN ARE APPROXIMATE ONLY. BASED ON MENDOCINO COUNTY GIS DATA BASE

GHD | Final Report | 11176246| Page 16

5. Despina Drive at Capps Lane
Challenges
Yellow transverse crosswalks are marked on all three legs of this intersection. Only the Capps Lane approach is controlled with a stop sign.

There is a narrow gap in the school fence on the west side of this intersection which is heavily used by students walking onto the campus. An unpaved path has been worn into the field.

Parents dropping off and picking up students also use this school access. Existing on-street parking on Despina Drive provides a place for drivers to pull over while students enter and exit vehicles, but can also create conflicts and visibility challenges for pedestrians crossing Despina Drive.

Recommendations
 Install curb extensions on all corners of the intersection, including a large curb extension spanning both crosswalks on the west side of the intersection. This will improve visibility between drivers and pedestrians, reduce pedestrian exposure by shortening crossing distances, and will discourage passenger loading and unloading in the intersection. See Figure

6.  Upgrade the existing marked crosswalks to yellow high visibility crosswalks. This will enhance conspicuity of the intersection for oncoming drivers.
 Improve the pedestrian gate and unpaved path to meet standards for ADA accessibility and Class I shared use paths. Although bicycling is unlikely to be permitted on this path, these improvements will provide a safer and more accessible path onto campus for pedestrians.

Paving the pathway will also support walking to school during winter months when rain may make an unpaved path impassable.

6. Despina Drive at Empire Drive
Challenges
Yellow transverse crosswalks are marked on the east and south legs of this T-intersection. Only the Empire Drive approach is controlled by a stop sign. A single diagonal curb ramp is provided on each of the northeast and southeast corners, but no curb ramp is provided to access the sidewalk on the west side of Despina Drive.

Existing on-street parking on Despina Drive provides a place for drivers to pull over while students enter and exit vehicles, but can also create conflicts and visibility challenges for pedestrians crossing Despina Drive at this location.

Recommendations
 Install curb extensions at each end of the crosswalks on the east and south legs of the intersection. This will improve visibility between drivers and pedestrians and reduce pedestrian exposure by shortening crossing distances.
 Upgrade the existing marked crosswalks to yellow high visibility crosswalks. This will enhance conspicuity of the intersection for oncoming drivers.

STOP
STOP STOP 8' 5' 11' 11' 5'8'
22' 22' 8'5' 11' 11'5' 8' RETAINING CURB & FENCE5% 5% 5% 5% LANDING (TYP)30' 10' CONCRETE PATH 5' SIDEWALK 8' WIDE CURB RAMP (TYP) 10' 5' LANDSCAPE BUFFER 3' LANDSCAPE BUFFER LANDSCAPE BUFFER (TYP) DRAINAGE TUBE R=15' R/W R/W R/W 0 1 inch = ft. 40' 40' 40 INTERSECTION #5 IMPROVEMENTS CONCEPT CURB EXTENSIONS N

DESPINA DRIVE
CAPPS LANE Filename: K:\PRJ\2506\2506EX002.dwg Plot Date: 24 December 2019 - 11:01 AM Date Report No. City of Ukiah Project No. Ukiah Traffic Analysis for Schools and Surrounding Areas 11176246 12.24.19 Source: FIGURE 6 INTERSECTION IMPROVEMENT CONCEPTS NOTES: 1. RIGHT OF WAY (R/W) LINES SHOWN ARE APPROXIMATE ONLY. BASED ON MENDOCINO COUNTY GIS DATA BASE

GHD | Final Report | 11176246| Page 18

7. Empire Drive
Challenges
Ukiah has few designated bicycle facilities, but Class II bicycle lanes exist on both Despina Drive and Bush Street. The nearest east-west bicycle facility connecting these streets is Low Gap Road, which may be uncomfortable for some bicyclists due to its higher speeds and traffic volumes.

Recommendations
 Implement a Class III bicycle route on Empire Drive from Despina Drive to State Street. This will provide a bicycle connection on a quiet, low-stress street for students traveling to schools in the area.

8. Low Gap Road
Challenges
Class II bicycle lanes currently exist on Low Gap Road through the project area, which are relatively narrow and offer little separation between bicyclists and traffic. The posted speed limit on Low Gap Road is 30 mph, with the 85th percentile surveyed at 33 mph. Multiple schools, community buildings, and businesses have driveway access off of Low Gap Road, which creates potential conflicts between bicyclists and drivers turning in or out of driveways.

Recommendations
 Upgrade existing bicycle lanes to Class II buffered bicycle lanes. This will improve comfort for bicyclists by providing additional separation from moving traffic, and may have a traffic calming effect by narrowing the width of vehicle lanes.
 Highlight bicycle lanes with green markings where they cross driveways. This will increase visibility of the bicycle lane for drivers and reinforce that drivers turning across the bicycle lane must yield the right of way to bicyclists.

9. North Bush Street near Arlington Drive
Challenges
Yellow transverse crosswalks are marked on all three legs of this intersection. All three approaches are controlled with stop signs. The west side of this intersection is a driveway providing access for school buses to drop off and pick up students. The curb on the west side of Bush Street is marked red and parking is prohibited within the intersection and approximately 50 feet to the north and south.

In addition to the school bus driveway located at the Arlington Drive intersection, three other driveways south of Arlington Drive provide access to the school’s parking lots. Each of these creates a potential conflict with pedestrians walking along the sidewalk.

GHD | Final Report | 11176246| Page 19
Recommendations
 Install curb extensions on the west end of both crosswalks on the west side of the intersection.

This will improve visibility between drivers and pedestrians, reduce pedestrian exposure by shortening crossing distances, and will discourage passenger loading and unloading in the intersection while preserving bus access to the bus loop driveway.  Upgrade the existing marked crosswalks to yellow high visibility crosswalks. This will enhance conspicuity of the intersection for oncoming drivers.
 Mark yellow high visibility crosswalks across driveways. This will enhance visibility of pedestrians for drivers entering or exiting driveways.

10.Ukiah High School Parking Lots
Challenges
Four driveways off Despina Drive and Low Gap Road provide access to staff and student parking lots at Ukiah High School. Each of these creates a potential conflict with pedestrians walking along the sidewalk and bicyclists traveling in bicycle lanes. A skate park located south of Low Gap Road has created demand for a crossing from the school, but no crosswalk exists. This contributes to students darting across the roadway.

In addition, vehicle circulation within the student and visitor parking lot at the corner of Low Gap Road and Despina Drive is currently challenging at congested school arrival and dismissal times.

The high school has a mix of students who drive themselves to school and students who are dropped off by a parent or other adult. Long queues form at the exit driveways, exacerbated by queues on both Low Gap Road and Despina Drive that form at the stop-controlled intersection.

Within the parking lot, exiting drivers are currently funneled to routes that conflict with drivers accessing drop-off areas. Large sections of curb are currently marked red and parking is prohibited, contributing to underutilized curb space for drop-off that could facilitate smoother operations.

Recommendations
• Reconfigure internal parking lot circulation and student drop-off as shown in Figure 7. • Mark yellow high visibility crosswalks across driveways. This will enhance visibility of pedestrians for drivers entering or exiting driveways.
• Highlight bicycle lanes with green markings where they cross driveways. This will increase visibility of the bicycle lane for drivers and reinforce that drivers turning across the bicycle lane must yield the right of way to bicyclists.
• Mark a yellow high visibility crosswalk and install a rectangular rapid flashing beacon (RRFB) across Low Gap Road aligned with the pedestrian path on the high school campus and the skate park. This will increase visibility of pedestrians crossing the road and encourage crossings to occur at a single designated location.
• This configuration will result in a net loss of 53 parking spaces, which should be within the typical amount of unused spaces in the lot on a daily basis.

Final Report | R2506RPT001.docx | Page 21
Todd Tregenza, AICP
[email protected]
916.782.8688
Kamesh Vedula, PE, TE
[email protected]
916.782.8688

Appendix A: Traffic Operations Analysis Figures

5 Paper Size ANSI B
0 1 00 200 300 400 500 fl
Coordinale Reference Syslem:

EPSG: 4326 • WGS 64
Docm,enl.Pah: K:'iPRM506'..G250S'Uklah Sch:>olsMap.Qi1S PrillOale: Au::i·13-201B
(Mli 5 1
City of Ukiah
Ukiah Traffic Analysis for
Schools and Surrounding Areas

SCHOOLS AND TRANSIT
STOPS
Legend
e Study Intersections
� Transll Slops
School locations
Study Area
- Study Roadways
- Olher Roadways
t
Schools
ProjectNo. 11159240
Revision No.

Date. 08/1312018
FIGURE 1
Crea'&dSv;Za::hSlnQer

1 6
5 4
3 2

FORD ROAD EMPIRE DRIVE DESPINA DRIVE
CAPPS
LANE

LOW GAP ROAD

BRUSH STREET

N STATE STREET

GARRETT DRIVE

ARLINGTON DR N BUSH STREET

FORD STREET N BUSH STREET

LOVERS LANE

BRIGGS STREET
Ukiah

VEHICLE LANE

BICYCLE LANE

TRAFFIC SIGNAL
Empire Drive/Ford RoadN State Street
Low Gap Road/Brush Street N State StreetLow Gap Road N Bush Street Low Gap Road
Despina Drive
Empire Drive
Despina Drive
Capps Lane
Despina Drive
LEGEND:

FIGURE 2

EXISTING LANE GEOMETRICS

AND CONTROL
N
Filename: K:\PRJ\2506\T2506\T2506TG001.dwg Plot Date: 31 August 2018 - 12:39 PM Date
Report No.

City of Ukiah Project No.

TRAFFIC ANALYSIS FOR SCHOOLS &

SURROUNDING AREA
11176246
001

07.12.2018
Source:

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Dala Ois.:laimcr
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.. Remove only if nol required by dala cuslodlan " ,�
Paper Size ANSI B
0 100 200 300 400 500 ft
Coordinate Reference Syslem:

EPSG: 4326 • WGS 64
Do:arnenl Pa.ti: K'.\f'RJl2506'.G2:506iJ.JkiahSchocts Map.qgs PfrltDale:A113-tJ.201S
ca:M § t
City of Ukiah
Ukiah Traffic Analysis for
Schools and Surrounding Areas

EXISTING PEDESTRIAN FACILITIES
Legend
= Scl!ool Crosswalk
- Crosswalk
- Sidewalk
• Study lnteraections
- Study Roadways
- Olher Roadways
Schools
Project No. 11159240
Revision No.

Date. 08/13/2018
FIGURE 3
OataSc:uJ"C!:

Creamd av. Za:h Str'K!er

r
Dala Dsolaimor
" hsert lext as req�red by data custodian "
.. Remove only if not roquirod by dala custodian " ""
Paper Size ANSI B
0 100 200 300 400 500 ft
Coordinale Reference System:

EPSG: 4326 - WGS 64
Oo:arnenl !>a.ti: K:'I.PR.Jt2506I.G2506'IJ.Jldah Sdloch Map.qgs PfrltD2ie:A�·1J.201S
ca:M h 1
City of Ukiah
Ukiah Traffic Analysis for
Schools and Surrounding Areas

EXISTING BICYCLE FACILITIES
Legend
- Bike Lanes
e Study lntersedions
- Study Roadways
- Olhre Roadways
Schools
Project No. 11159240
Revision No.

Date. 08-13-2018
FIGURE 4
DataiSc:urce:

Creaed 8y: Zach Stn;ier