HomeMy WebLinkAbout2023-05-03 PacketPage 1 of 4
City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below)
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600
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Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at
www.cityofukiah.com/meetings.
May 3, 2023 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Proclamation Recognizing May 14th – 20th as Police Week in the City of Ukiah.
Recommended Action: Issue Proclamation
Attachments:
1. Proclamation - Police Week 2023
4.b. Proclamation of the City of Ukiah Recognizing May as Older Americans' Month.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing May as Older
Americans' Month.
Attachments:
1. Proclamation
4.c. Proclamation of the City of Ukiah Recognizing May as Asian American Pacific Islander Heritage
Month.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing May as Asian
American Pacific Islander Heritage Month.
Attachments:
1. Proclamation
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4.d. Proclamation Recognizing May 4th as International Firefighters Day, and May 7th as National
Fallen Firefighter Memorial Service Day.
Recommended Action: Issue Proclamation for May 4th and May 7th
Attachments:
1. Proclamation - Firefighters Day
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the April 19, 2023, Special Meeting.
Recommended Action: Approve the Minutes for the April 19, 2023, Special Meeting.
Attachments:
1. 6a 2023-04-19 Draft Minutes - Special Meeting
6.b. Approval of the Minutes for the April 19, 2023, Regular Meeting.
Recommended Action: Approve the Minutes for the April 19, 2023, Regular Meeting.
Attachments:
1. 6b 2023-04-19 Draft Minutes - Regular Meeting
7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The
City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time
within which the decision of the City Boards and Agencies may be judicially challenged.
8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will
be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will
approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
8.a. Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to
Prepare a Current Greenhouse Gas Emissions Inventory; Approval of Contract Amendment
with Mintier Harnish; and Approval of Corresponding Budget Amendment.
Recommended Action: Approve scope of work for advance planning environmental
subconsultant Rincon to prepare a current greenhouse gas emissions inventory, approve
contract amendment with Mintier Harnish, and approve corresponding budget amendment.
Attachments:
1. Ukiah GHG Inventory - Rincon Proposal_4-11-23
2. Amendment 5 - C #1819-190 draft
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in,
you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is
within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please
limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act
regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.
10. COUNCIL REPORTS
11. CITY MANAGER/CITY CLERK REPORTS
12. PUBLIC HEARINGS (6:15 PM)
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13. UNFINISHED BUSINESS
13.a. Adoption of Ordinance Prohibiting Retail Sales of Flavored Tobacco Products, Including
Several Cleanup Provisions to Bring the City's Anti-Smoking Regulations into Compliance with
Current State Law.
Recommended Action: Adopt Ordinance Prohibiting Retail Sales of Flavored Tobacco Products,
Including Several Cleanup Provisions to Bring the City's Anti-Smoking Regulations into
Compliance with Current State Law.
Attachments:
1. Flavored Tobacco Ban Draft Redline Introduced
2. Flavored Tobacco Ban Draft Clean Introduced
13.b. Receive and File Third Quarter 2022-23 Financial Report.
Recommended Action: Receive and file report.
Attachments: None
13.c. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2022-23, and
Review of Draft Objectives for Fiscal Year 2023-24.
Recommended Action: Council to receive, review, consider, and discuss updates on current
stated objectives, and will review preliminary draft departmental objectives for the fiscal year
2023-24.
Attachments:
1. CIP -5 year-FYE 2024 - Draft - FinanceIT - 4-3-23
14. NEW BUSINESS
14.a. Council to Consider Approval of a Garbage Collection Service Rate for a Ten-Gallon Reduced
Use of a Twenty-Gallon Container in the Amount of $20.95, for Rate Payers who Qualify for the
Service; and Authorization for the City Manager to Negotiate and Execute an Agreement
Approving the Modified Service and Rate with Ukiah Waste Solutions, Inc.
Recommended Action: Approval of reduced rate of $20.95 a month for the three-tote service,
depositing no more than ten-gallons of solid waste in a twenty-gallon grey container, and
authorizing the City Manager to negotiate and execute the Agreement Approving Modified Service
and Approved Rate with Ukiah Waste Solutions, Inc.
Attachments:
1. Reduced Rate Application
2. Agreement Approving Modified Service and Rate
14.b. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
Recommended Action: Receive report(s). The Council will consider modifications to committee
and ad hoc assignments along with the creation/elimination ad hoc(s).
Attachments:
1. City Council Special Assignments
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: (1 case)
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15.b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County
Superior Court Case No. 22CV00048
15.c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
15.d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
15.e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
15.f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv-
009808.
15.g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
15.h. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
15.i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services
are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with
disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are
available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business
hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at
the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting
set forth on this agenda.
Kristine Lawler, CMC
Dated: 4/28/23
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Agenda Item No: a.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2644
AGENDA SUMMARY REPORT
SUBJECT: Urgency Item - Status Report of the Emergency Contract with West Coast Fire & Water for Fire
Remediation Work at the Electric Utility Service Center at Hastings.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:
1. Pictures
2. West Coast Fire Water - Hastings Fire Remediation Work - 2223-177 - signed
3. Remediation Complete Pics
Summary: Council will consider (by 4/5th vote) whether to accept an urgency item to be placed on the
agenda, giving a status report of the emergency contract with West Coast Fire & Water for fire remediation
work at the Electric Utility Service Center at Hastings, and will consider approving the work to continue under the
emergency contract.
Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq. ft. building located at
1350 Hasting Rd (The Electric Service Center) to house the Electric Utility Department’s operations. The Electric
Service Center will centralize electric operations for Engineering, Construction and Technical Services. In addition,
the Department intends to use the Electric Service Center for training, material warehousing and construction
preparation.
On August 5, 2020, the City Council adopted the plans and specifications for the grading, fencing, roofing and
electric equipment relocation. This work was completed on March 2, 2023.
On the morning of March 8, 2023, a fire broke out at the Electric Utility Department's Service Center located at 1350
Hastings Road. The source of the fire was the electrical failure of a bathroom ceiling fan. The Ukiah Valley Fire
Authority responded to the incident, and was successful in putting the fire out. However, significant smoke and
water damage occurred, as well as structural damage to the building. Please see Attachment 1 for pictures of the
damage.
West Coast Fire and Water was contacted and was able to respond in a timely manner to assess the fire,
smoke and water damage. They were able to secure the building and cover exposed areas to prevent
additional water intrusion from the impending precipitation. The City Purchasing, Risk Management, and
Electric Departments worked with McLarens, the Claims Adjuster for the City's self-insured liability Program
through its membership in the California Intergovernmental Risk Authority (CIRA), and West Coast Water and
Fire to develop a Scope of Work and Contract for the remediation of the fire, water, and smoke
damage. Please see Attachment 2 for a copy of the agreement.
There are no expected costs to the City at the time, as the City opted to review all invoices and provide
authority to McLarens to pay West Coast directly. The City, however, executed a contract with West Coast
Fire and Water to complete the Scope of Work.
The initial cost estimate for this remediation was over $200,000. The scope of work that is being performed
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under this contract falls under the definition of "public project", as it involves demolition and repair work
involving a publicly owned facility. The City Manager, under his authority, authorized proceeding with the work
as an emergency, since the event was sudden and unexpected, and required immediate action for the
protection of City (public) property. Due to structural issues, and immediate mold growth, time was of the
essence, and bidding for this work as per the normal requirements of the California Uniform Cost Accounting
Act, was not an option. Under these circumstances, public bidding is excused. At their Council meeting on
April 5, 2023, the Council initially received the report regarding this contract, and approved by a four-fifths vote
(one councilmember absent) for the work to continue under these emergency circumstances. Council also
approved the work to continue, at their April 19, 2023, meeting.
Discussion: As of Friday, April 7, 2023, the remediation work on the structure was completed. Pictures of the
remediation work are attached as Attachment #3. The remainder of the work to be completed is the cleaning of
electronics. This is still in progress, and anticipated to be completed before the end of this month. An invoice for
the work has not yet been produced for staff's review prior to being forwarded to the insurance company for
payment.
By a 4/5th vote, Council must vote whether to accept this urgency item - due to governmental regulations - and
place it on the agenda. Staff is requesting the Council's approval to continue using the emergency contract.
Recommended Action: Accept the Urgency Item to be placed on the agenda, receive the status report, and
approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation
Work at the Electric Utility Service Center at Hastings.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-177
COORDINATED WITH: Cindy Sauers, Electric Utility Director; Sheri Mannion, HR & Risk Management
Director and Dave Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
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ATTACHMENT 1
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COU 2223 177
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SHORTFORMCONSTRUCTIONCONTRACT
ThisAgreementismadeandenteredon March 13, 2023,in Ukiah,California,by and
between Bridges Restoration LLC,dba West Coast Fire Water,a limited liability company
Contractor")and the City of Ukiah City"),a general law municipal corporation.
RECITALS:
1.TheplansandspecificationsforthisworktheWork")arecontained in Exhibit A,which
is attached hereto and incorporated herein by this reference.
2.Contractorisproperlylicensedandqualifiedtoperformthework.
3.WheneverthisAgreementcallsforCityapprovalornotification,the approval or
notification must be signed by the City Manager or his or her designee.
AGREEMENT:
Wherefore,inconsiderationoftheforegoing facts and the terms and conditions as further
stated herein,the parties hereby agree as follows.
1. PERFORMANCE OF THE WORK
ContractorwillperformtheWorkasfurther provided herein.
1.1TimeofPerformance.Time is of the essence,and the Contractor shall commence the
work as soon as possible following the issuance of a Notice to Proceed”.
1.1.1.N/Acheckifapplicable]It is agreed by the parties to the contract that time is of
the essence and that,in case all the work is not completed before or upon the expiration of the
time limit as set forth,damage,other than those cost items identified in section 1.1.2,will be
sustained by the City and that it is and will be impracticable to determine the actual amount of
damage by reason of such delay;and it is therefore agreed that,subject to Sections 1.13 1.14,
below,the Contractor will pay to the City the sum of five hundred dollars 500.00)per day for
each and every calendar day's delay beyond the time prescribed.
1.1.2N/Acheckifapplicable]In case the work called for under this contract is not
completed within the time limit stipulated herein,the City shall have the right as provided
hereinabove,to extend the time of completion thereof.If the time limit be so extended,the
City shall have the right to charge to the Contractor and to deduct from the final payment for
the work the actual cost to the City of engineering,inspection,superintendence and other
overhead expenses which are directly chargeable to the contract and which accrue during the
ATTACHMENT 2
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period of such extension,except that the cost of final unavoidable delays shall not be included
in such charges.
1.2ConstructionofContractDocuments.Contractor will perform the Work in compliance
with the plans and specifications set forth in the attached Exhibit A.If there is any inconsistency or
conflict between the plans and the specifications,the specifications will prevail.If there is any
inconsistency between the plans and the specifications and this agreement,the terms of this
Agreement shall prevail,unless expressly stated otherwise in a particular specification.
1.3Contractorfurnisheditems.Contractor will furnish all necessary labor,materials,tools,
equipment,and transportation necessary to perform the Work.
1.4 SB 854 requirements
1.4.1 No contractor or subcontractor may be listed on a bid proposal for a public
works project unless registered with the Department of Industrial Relations pursuant to Labor
Code section 1725.5 with limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)].
1.4.2 No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5.
1.4.3 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
1.4.4 The Labor Commissioner through the Division of Labor Standards Enforcement
DLSE)may at any time require contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE.All contractors and subcontractors must furnish electronic
certified payroll records directly to the DLSE.
1.4.5 The Prime Contractor is required to post job notices at the job site as prescribed
by regulations currently,8 CCR 16451(d).)
1.5 Use of Employees.
1.5.1.Contractorandanysubcontractorsshallpayallmechanicsand laborers
employed by them to work upon the site of the work unconditionally and without subsequent
deductions or rebate on any account the full amounts due at the time of payment at wage rates
not less than those contained in the applicable prevailing wage determination,regardless of any
contractual relationship which may be alleged to exist between the Contractor and
subcontractors and such laborers and mechanics.
1.5.2.ContractorshallcomplywiththeCaliforniaLaborCodeSection 1775.In
accordance with said Section 1775,Contractor shall forfeit as a penalty to the City,50.00 for
each calendar day or portion thereof,for each workman paid less than the stipulated prevailing
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rates for such work or craft in which such workman is employed for any work done under the
Contract by him or her or by any subcontractor under him or her in violation of the provisions of
the Labor Code and in particular,Labor Code Sections 1770 to 1780,inclusive.In addition to said
penalty and pursuant to Section 1775,the difference between such stipulated prevailing wage
rates and the amount paid to each workman for each calendar day or portion thereof for which
each workman was paid less than the stipulated prevailing wage rate shall be paid to each
workman by the Contractor.
1.5.3.Pursuant to the provision of Section 1770 of the Labor Code of the State of
California,City has ascertained the general prevailing rate of wages which rate includes
employer payments for health and welfare,vacation,pension and similar purposes)applicable
to the work to be done,for straight time work.The holiday wage rate listed shall be applicable
to all holidays recognized in the collective bargaining agreement of the particular craft,
classification,or type of workers concerned.Copies of the General Prevailing Wage
Determination are on file in the office of the City Engineer and are available to the Contractor on
request.The Contractor shall post the wage determination at the site of work in a prominent
place where the workers can easily see it.
1.5.4.Citywillnotrecognizeanyclaim for additional compensation because the
Contractor has paid any rate in excess of the prevailing wage rate obtained from the City Engineer.
The possibility of wage increases is one of the elements to be considered by the Contractor in
determining his or her bid and will not in any circumstances be considered as the basis for a claim
against the City.
1.5.5.TravelandSubsistence Payments.
Contractorshallmaketravelandsubsistence payments to each worker needed to
execute the work in accordance with the requirements in Section 1773.8 of the Labor Code Chapter
880,Statutes of 1968).
1.5.6.Apprentices.
Attentionisdirectedtotheprovisions in Sections 1777.5 Chapter 1411,Statutes
of 1968)and 1777.6 of the California Labor Code concerning the employment of apprentices by
the Contractor or any subcontractor under him.Contractor and any subcontractor under him or
her shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards,wage schedules and other
requirements may be obtained from the Director of Industrial Relations,ex officio the
Administrator of Apprenticeship,San Francisco,California,or from the Division of
Apprenticeship Standards and its branch offices.
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Copies of Labor Code Sections 1771 requiring prevailing wages),1775 imposing
penalties,including a 50 per day,per worker forfeiture,for failure to pay prevailing wages),1776
requiring contractor to maintain available for inspection certified payroll records),1777.5
requiring certain apprenticeship programs),1813 imposing penalties for failure to make records
available for inspection)and 1815 requiring time and for overtime)are available at the
Department of Industrial Relations website at http://www.dir.ca.gov/
1.6CITYInspector.CITY may designate an architect,engineer,other design professional or
other inspector Inspector")to supervise and/or inspect Contractor's performance of the Work.
The Inspector shall have no authority to change the Work,the compensation for performing the
Work or the time for completing the Work without City's prior written approval.City shall notify the
Contractor in writing,if it designates an Inspector.
1.7SiteConditions.Contractor acknowledges that it has inspected the work site and any
improvements involving the Work and satisfied itself as to the conditions which can affect the Work
or its cost.Contractor has not relied on any representation by CITY or its officers or employees as
to the condition of the site or the houses or any condition that might affect the cost of performing
this Agreement.
1.8NewProductsRequired.All equipment,materials or fixtures furnished by Contractor
under this Agreement shall be new and of the most suitable grade for the intended purpose,unless
otherwise specifically provided.
1.9CompliancewithLaws.The Contractor shall give all notices and comply with all
applicable laws,ordinances,codes,rules and regulations.The Contractor shall secure and pay for
all permits,fees,and licenses necessary for the proper execution and completion of the work.
1.10ProtectionofSiteandImprovements.The Contractor shall preserve and protect the
site,grounds and any involved improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work.The Contractor shall repair or
replace,as directed by CITY,any property that it damages,looses or destroys in violation of this
paragraph.Contractor shall assume full responsibility for maintaining the safety of the worksite in
compliance with all applicable state and federal worker safety and protection laws and shall
maintain the worksite in compliance with all such laws.
1.11InspectionofWork.The Contractor shall ensure that the Work is available for
inspection by CITY or its Inspector at all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its Inspector and a reasonable opportunity
for inspection.The presence or absence of an CITY inspector or the conduct of an inspection by CITY
or its Inspector shall not relieve the Contractor from any contract requirement or compliance with
Exhibit A.
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1.12Title.The Contractor warrants that it conveys full and complete title,free of all liens
and encumbrances,to all materials,supplies,fixtures and equipment furnished to CITY under this
Agreement and agrees to fully defend and indemnify CITY,its officers and employees,and the
houses and homebuyers included in the Work from and against any claim,lien,charge,debt,cost,
expense or liability arising from a breach of said warranty.
1.13Warranties.N/A]In addition to any other warranties in this contract,the Contractor
warrants that the Work conforms to the contract requirements and is free of any defect in
equipment,material or workmanship for a period of one year from the date of final acceptance of
the Work by CITY.If CITY accepts any part of the Work before final acceptance of the entire Work,
the warranty shall continue for the period of one year from the date of such partial acceptance.The
Contractor shall remedy,at the Contractor's expense,any failure to conform,or any defect.Initial
if following sentence applies CITY shall retain N/A%of the Contract Amount to secure the
Contractor's warranty and shall remit the unused portion of that amount at the end of the warranty
period.The time limit of this warranty shall not apply to any latent defects,or gross negligence or
fraud on the part of the Contractor.
1.14.ExtensionofTime.
Should any delays occur which the City may consider unavoidable,as herein defined,the Contractor
shall,pursuant to his or her application,be allowed an extension of time proportional to said delay
or delays,beyond the time herein set forth,in which to complete this contract;and liquidated
damages for delay shall not be charged against the Contractor by the City during an extension of
time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written
notice delivered to the City within 15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall constitute a waiver of said claim.
Notice of the full extent of the claim and all supporting data must be delivered to the City within 45
days of the occurrence unless the City specifies in writing a longer period.All claims for a time
extension must be approved by the City and incorporated into a written change order.
1.15.UnfavorableWeatherandOther Conditions.
During unfavorable weather and other conditions,the Contractor shall pursue only such portions of
the work as shall not be damaged thereby.No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be constructed while these conditions
remain,unless,by special means or precautions approved by the City,the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each unfavorable weather day that
prevents him or her from placing concrete forms or placing and finishing concrete or asphalt
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concrete.Such unfavorable weather day is defined as a rain day where precipitation prevents the
contractor from performing the work more than four 4)continuous hours within the authorized
work period or a temperature day where the ambient temperature is below that specified for the
placement of materials associated with the controlling work item for more than four 4)continuous
work hours of the authorized work period.
1.16.Saturday,Sunday,Holiday and Night Work.
No work shall be done between the hours of 6 p.m.and 7 a.m.,nor on Saturdays,Sundays or legal
holidays except such work as is necessary for the proper care and protection of work already
performed,or except in cases of absolute necessity and in any case only with the permission of the
City.
It is understood,however,that night work may be established as a regular procedure by the
Contractor if he or she first obtains the written permission of the City and that such permission may
be revoked at any time by the City if the Contractor fails to maintain at night adequate force and
equipment for reasonable prosecution and to justify inspection of the work.
1.17.HoursofLabor.
Eight 8)hours of labor shall constitute a legal day's work and the Contractor or any subcontractor
shall not require or permit more than eight hours of labor in a day from any person employed by
him or her in the performance of the work under this contract,unless paying compensation for all
hours worked in excess of eight 8)hours per day at not less than 1 times the basic rate of pay.
The Contractor shall forfeit to the City,as a penalty,the sum of twenty five dollars 25.00)for each
workman employed in the execution of the contract by him or her or by any subcontractor,for each
calendar day during which such laborer,workman,or mechanic is required or permitted to labor
more than eight hours in violation of the provisions of Section 1810 to 1816,inclusive,Article 3,
Chapter 1,Part 7,Division 2)of the Labor Code of the State of California and any acts amendatory
thereof.
2.CONTRACT PRICE
The Contractor will be paid for performance of this Agreement time and materials plus
subcontractors will be added as invoice plus 20%per rate sheet provided as Exhibit B.
3.PAYMENT OF CONTRACT PRICE
3.1 City authorizes McLarens to pay Contractor solely and directly for the completed work
performed pursuant to this contract.All payments under this contract shall be made upon the
presentation of certificates in writing to the City and shall show that the work covered by the
payments has been done and the payments thereof are due in accordance with this contract.Within
fifteen days of the City’s receipt of the certificate of payment,City shall review and forward
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authorization for payment to McLarens for its review,approval,and payment to the Contractor.
If,for any reason,Customer receives a check from Insurance Company made payable to Customer,
Customer agrees to pay West Coast Fire and Water immediately upon receipt of the check.In order
to expedite payment to Contractor,Customer hereby appoints Contractor as attorney in fact,
authorizing Contractor to endorse Customer’s name on Insurance Company checks or drafts,and to
deposit insurance checks for the services provided in the amount invoiced.
4.INDEMNIFICATION AND INSURANCE.
4.1Indemnification.The Contractor shall do all of the work and furnish all labor,
materials,tools and appliances,except as otherwise herein expressly stipulated,necessary or proper
for performing and completing the work herein required in the manner and within the time herein
specified.The mention of any specific duty or liability imposed upon the Contractor shall not be
construed as a limitation or restriction of any general liability or duty imposed upon the Contractor
by this contract,said reference to any specific duty or liability being made herein merely for the
purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and
the liability of the Contractor for all damages to persons or to public or private property,arising from
the Contractor's execution of the work,shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this
contract,the work shall be under the Contractor's responsible care and charge.The Contractor shall
rebuild,repair,restore and make good all injuries,damages,re erections and repairs,occasioned or
rendered necessary by causes of any nature whatsoever,excepting only acts of God and none other,
to all or any portions of the work,except as otherwise stipulated.
To the fullest extent permitted by law,Contractor shall indemnify and hold harmless the City and its
officers,directors,agents,and employees from and against all claims,damages,losses and expenses
including but not limited to attorneys'fees,costs of suit,expert witness fees and expenses and fees
and costs of any necessary private investigators arising out of or resulting from the performance of
the work,provided that any such claim,damage,loss or expense 1)is attributable to bodily injury,
sickness,disease or death,or to injury to or destruction of tangible property,other than the work
itself,including the loss of use resulting therefrom and 2)is caused in whole or in part by any act or
omission of the Contractor,any subcontractor,or anyone directly or indirectly employed by any of
them,or anyone for whose acts any of them may be liable,regardless of whether or not it is caused
in part by a party indemnified hereunder,or by the negligence or omission of a party indemnified
herein.
In any and all claims against the City or any of its agents or employees by any employee of the
Page 17 of 161
COU 2223 177
8
Contractor,any subcontractor,anyone directly or indirectly employed by any of them,or anyone
for whose acts any of them may be liable,the indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages,compensation or benefits payable by or
for the Contractor or any subcontractor under workers'or workmen's compensation acts,disability
benefit acts,or other employee benefit acts.The obligation to indemnify shall extend to and include
acts of the indemnified party which may be negligent or omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay
the same and the amount so paid for such damage shall be deducted from the money due the
Contractor under this contract;or the whole or so much of the money due or to become due the
Contractor under this contract as may be considered necessary by the City,shall be retained by the
City until such suits or claims for damages shall have been settled or otherwise disposed of and
satisfactory evidence to that effect furnished to the City.
4.2Insurance.Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder by the Contractor,his
agents,representatives,employees or subcontractors.
4.2.1.MinimumScopeof Insurance
Coverageshallbeatleastasbroadas:
A. Insurance Services Office Commercial General Liability coverage Form
No.CG 20 10 10 01 and Commercial General Liability Completed
Operations Form No.CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 Ed.1/87)covering
Automobile Liability,code 1 any auto).
C. Worker’s Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
4.2.2.MinimumLimitsofInsurance
Contractor shall maintain limits no less than:
A. General Liability:1,000,000 per occurrence for bodily injury,personal injury
and property damage including operations,products and completed
operations.If Commercial General Liability Insurance or other form with
a general aggregate limit is used,either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.Insurance must be written on an occurrence
Page 18 of 161
COU 2223 177
9
basis.
B. Automobile Liability:1,000,000 per accident for bodily injury and property
damage.Insurance must be written on an occurrence basis.
C. Worker’s Compensation Employer’s Liability:1,000,000 per accident for
bodily injury or disease.
4.2.3.DeductiblesandSelfinsuredRetentions
Any deductibles or self insured retentions must be declared to and approved by the City.The
City may require the insurer to reduce or eliminate such deductibles or self insured retentions
with respect to the City,its officers,officials,employees and volunteers;or the Contractor to
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations,claim administration and defense expenses;or to approve the deductible
without a guarantee.
4.2.4.REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain,or be endorsed
to contain,the following provisions:
A.The City,its officers,officials,employees,and volunteers are to be covered as
ADDITIONAL INSURED with respect to liability arising out of automobiles owned,leased,
hired or borrowed by or on behalf of the contractor;and with respect to liability arising
out of work or operations performed by or on behalf of the Contractor including materials,
parts or equipment,furnished in connection with such work or operations.General
liability coverage can be provided in the form of an endorsement to the Contractor’s
insurance,or as a separate owner’s policy.
B.The workers’compensation policy is to be endorsed with a waiver of subrogation.
The insurance company,in its endorsement,agrees to waive all rights of subrogation
against the City,its officers,officials,employees and volunteers for losses paid under the
terms of this policy which arises from the work performed by the named insured for the
City.NOTE:You cannot be added as an additional insured on a workers’compensation
policy.
C.For any claims related to this project,the Contractor’s insurance coverage shall be
primary insurance with respect to the City,its officers,officials,employees,and
volunteers.Any insurance or self insurance maintained by the City,its officers,officials,
employees,or volunteers shall be in excess of the Contractor’s insurance and shall not
contribute with it.
Page 19 of 161
COU 2223 177
10
D.Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party,except after thirty 30)days’prior written notice by
certified mail,return receipt requested,has been given to the City.
E.Note:This protects the Contractor)Coverage shall not extend to any indemnity
coverage for the active negligence of the additional insured in any case where an
agreement to indemnify the additional insured would be invalid under Subdivision b)of
Section 2782 of Civil Code.
5.TERMINATION.
ThisAgreementmayonlybeterminatedbyCity:1)forbreachoftheagreement;2)because
funds are no longer available to pay Contractor for services provided under this Agreement;or 3)
City has abandoned and does not wish to complete the project for which Contractor was retained.
City shall notify Contractor of any alleged breach of the agreement and of the action required to
cure the breach.If Contractor fails to cure the breach within the time specified in the notice,the
contract shall be terminated as of that time.If terminated for lack of funds or abandonment of the
project,the contract shall terminate on the date notice of termination is given to Contractor.City
shall pay the Contractor only for services performed and expenses incurred as of the effective
termination date,unless terminated because the Contractor has failed to satisfactorily cure a breach
after notice in which event City shall:
a.retainanyamountsearnedundertheContractbutnotyetpaidby City;
b.takepossessionofallmaterialand fixtures on the job site;
c.havetherighttocompletetheWorkandrecoverfromContractorany increased cost to
complete the Work above the amounts that would have been paid to Contractor hereunder,
together with any other damages suffered by City as a result of said breach.
6.MODIFICATION OF AGREEMENT.
Citymay,fromtimetotime,requestchangesintheWork,thetimeto complete the work or
the compensation to be paid for the Work.Such changes must be incorporated in written
amendments to this Agreement.To be effective,all such changes as referred to in this section must
be agreed upon in writing by both parties to this agreement.
7.ASSIGNMENT.
TheContractorshallnotassignanyinterestinthisAgreement,and shall not transfer any
Page 20 of 161
COU 2223 177
11
interest in the same whether by assignment or novation),without the prior written consent of City.
8.APPLICATION OF LAWS.
ThepartiesherebyagreethatallapplicableFederal,Stateandlocal rules,regulations and
guidelines not written into this Agreement shall hereby prevail during the period of this Agreement.
9.INDEPENDENT CONTRACTOR.
ItistheexpressintentionofthepartiesheretothatContractorisan independent contractor
and not an employee,joint venturer,or partner of City for any purpose whatsoever.City shall have
no right to,and shall not control the manner or prescribe the method of accomplishing those
services contracted to and performed by Contractor under this Agreement,and the general public
and all governmental agencies regulating such activity shall be so informed.
ThoseprovisionsofthisAgreementthat reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws,rules,regulations,and in
terpretations thereof.No such provisions and no other provisions of this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between Contractor and City.
Contractorshallpayallestimatedand actual federal and state income and self employment
taxes that are due the state and federal government and shall furnish and pay worker's compensa
tion insurance,unemployment insurance and any other benefits required by law for himself and his
employees,if any.Contractor agrees to indemnify and hold City and its officers,agents and
employees harmless from and against any claims or demands by federal,state or local government
agencies for any such taxes or benefits due but not paid by Contractor,including the legal costs
associated with defending against any audit,claim,demand or law suit.
Contractorwarrantsandrepresentsthatitisaproperlylicensedfor the work performed
under this Agreement with a substantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this Agreement.
10.GOVERNING LAW.
ThisAgreementshallbegovernedbyandconstruedinaccordancewiththe laws of the State
of California and any legal action concerning the agreement must be filed and litigated in the proper
court in Mendocino County,each party consenting to jurisdiction and venue of California state
courts in Mendocino County.
Page 21 of 161
COU 2223 177
12
11. SEVERABILITY.
IfanyprovisionoftheAgreementisheld by a court of competent jurisdiction to be invalid,
void,or unenforceable,the remaining provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
12. INTEGRATION.
ThisAgreement,includingtheexhibits attached hereto,contains the entire agreement
among the parties and supersedes all prior and contemporaneous oral and written agreements,
understandings,and representations among the parties.No amendments to this Agreement shall
be binding unless executed in writing by all of the parties.
13. WAIVER.
NowaiverofanyoftheprovisionsofthisAgreementshallbedeemed,or shall constitute a
waiver of any other provision,nor shall any waiver constitute a continuing waiver.No waiver shall
be binding unless executed in writing by the party making the waiver.
14. NOTICES.
Whenevernotice,paymentorothercommunication is required or permitted under this
Agreement,it shall be deemed to have been given when personally delivered,emailed,or deposited
in the United States mail with proper first class postage affixed thereto and addressed as follows:
CONTRACTOR CITY
Bridges Restoration,LLC City of Ukiah
dba West Coast Fire Water
5846 Live Oak Drive 300 Seminary Ave.
Kelseyville,CA 95451 Ukiah,CA.95482
Email:lmartinez@westcoastfireandwater.com Email:puchasing@cityofukiah.com
Either party may change the address to which notices must be sent by providing notice of that
change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
Theparagraphheadingscontainedhereinareforconvenienceandreference only and are
not intended to define or limit the scope of this agreement.
Page 22 of 161
COU 2223 177
13
16. EXECUTION OF AGREEMENT.
ThisAgreementmaybeexecutedinduplicateoriginals,eachbearingthe original
signature of the parties.Alternatively,this Agreement may be executed and delivered by
facsimile or other electronic transmission,and in more than one counterpart,each of which shall
be deemed an original,and all of which together shall constitute one and the same instrument.
When executed using either alternative,the executed agreement shall be deemed an original
admissible as evidence in any administrative or judicial proceeding to prove the terms and
content of this Agreement.
WHEREFORE,thepartieshaveenteredthis Agreement on the date first written above.
CONTRACTOR CITYOFUKIAH
By:By:
LeonardoMartinez SageSangiacomo
DirectorofLargeLoss CityManager
California Contractor's License Number:1036250
Department of Industrial Relations Registration Number:1000040614
German
Page 23 of 161
COU 2223 177
14
EXHIBIT A SCOPE
The work is for any and all necessary cleaning and/or restoration services at 1350 Hastings Road,
Ukiah,California,that are eligible expenses covered under Claim Number 002 059250 00.Q as
approved by McLarens Insurance and the City of Ukiah.Any expenses not pre approved by
McLarens Insurance and the City of Ukiah will be the sole responsibility of West Coast Fire and Water.
Page 24 of 161
1
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
Insured: City of Ukiah Home: (707) 463-6233
Property: 1350 Hastings Rd
Ukiah, CA 95482
Estimator: Leo Martinez Business: (707) 245-7017
E-mail: lmartinez@westcoastfireandw
ater.com
Position: Director Of Large Loss
Company: West Coast Fire and Water
Business: 3001 South State St #5
Ukiah, CA 95482
Claim Number:Policy Number:Type of Loss:<NONE>
Date of Loss:Date Received:
Date Inspected:Date Entered: 5/14/2020 9:00 AM
Price List: CAUK8X_SEP22
Restoration/Service/Remodel
Estimate: T&MPRICING
EXHIBIT B
Page 25 of 161
2
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 2
CODES
Main Level
REGULAR WAGE (NON PREVAILING)
REGULAR WAGE
DESCRIPTION QTY UNIT PRICE TOTAL
NON PREVAILING WAGE RATE***
1. Skilled Labor 1.00 HR @ 75.00 =75.00
2. Supervisor 1.00 HR @ 85.00 =85.00
3. Project Manager 1.00 HR @ 100.00 = 100.00
4. Project Manager- large loss 1.00 HR @ 125.00 = 125.00
5. Project Estimator 1.00 HR @ 120.00 = 120.00
6. Skilled Biohazard Technician 1.00 HR @ 120.00 = 120.00
7. Biohazard Supervisor 1.00 HR @ 125.00 = 125.00
8. Health and Safety Officer 1.00 HR @ 75.00 =75.00
9. Admin 1.00 HR @ 40.00 =40.00
Overtime rates will be calculated as rates above x1.5
PREVAILING WAGE
DESCRIPTION QTY UNIT PRICE TOTAL
PREVAILING WAGE RATES***
10. Skilled Labor 1.00 HR @ 123.00 = 123.00
11. Supervisor 1.00 HR @ 135.00 = 135.00
12. Project Manager 1.00 HR @ 130.00 = 130.00
13. Project Manager- large loss 1.00 HR @ 140.00 = 140.00
14. Skilled Microbial Remediaton Technician 1.00 HR @ 133.00 = 133.00
15. Microbial Remediation Supervisor 1.00 HR @ 145.00 = 145.00
16. Skilled Biohazard Bloodborne Pathogen Technician 1.00 HR @ 143.00 = 143.00
17. Biohazard Bloodborne Pathogen Supervisor 1.00 HR @ 155.00 = 155.00
18. Health and Safety Officer 1.00 HR @ 140.00 = 140.00
19. Admin 1.00 HR @ 70.00 =70.00
20. Resources Coordinator 1.00 HR @ 100.00 = 100.00
Overtime rates will be calculated as rates above x1.5
MATERIALS Height: 8'
Page 26 of 161
3
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 3
DESCRIPTION QTY UNIT PRICE TOTAL
21. 4 mil 10X100 1.00 RL @ 140.00 =140.00
22. 4 mil 10X100 (fire resistant)1.00 RL @ 160.00 =160.00
23. 6 mil 10X100 1.00 RL @ 184.00 =184.00
24. 6 mil 10X100 (fire resistant)1.00 RL @ 315.00 =315.00
25. Absorbent 1.00 BG @ 20.00 =20.00
26. Adhesive spray 1.00 EA @ 15.00 =15.00
27. Air Neutralizer 1.00 EA @ 41.00 =41.00
28. Bags clear bags (pack of 50)1.00 BX @ 43.00 =43.00
29. Bags garbage (pack of 32)1.00 BX @ 51.00 =51.00
30. HEPA vac debris bag 1.00 EA @ 30.00 =30.00
31. Bio hazard bags (pack of 50)1.00 BX @ 75.00 =75.00
32. Booties (pair)1.00 EA @ 1.00 =1.00
33. Botanical disinfectant 1.00 GL @ 95.00 =95.00
34. Box Large 4.5 cubic feet 1.00 EA @ 8.00 =8.00
35. Box Medium 3 cubic feet 1.00 EA @ 6.00 =6.00
36. Box Small 1.5 cubic feet 1.00 EA @ 4.00 =4.00
37. Box waredrobe 24X24X34 1.00 EA @ 23.00 =23.00
38. Bubble wrap roll 1.00 RL @ 115.00 =115.00
39. Carpet shield protector 200'1.00 EA @ 114.00 =114.00
40. Chemical sponges 1.00 EA @ 5.00 =5.00
41. Cleaner glass 1.00 EA @ 15.00 =15.00
42. Cleaner heavy duty degreaser 1.00 EA @ 65.00 =65.00
43. Deoderizer for ducting 1.00 GL @ 47.00 =47.00
44. Deoderizer smoke/odor 1.00 GL @ 126.00 =126.00
45. Deoderizer thermal fog 1.00 GL @ 168.00 =168.00
46. Dry Ice 1.00 LB @ 10.00 =10.00
47. Duct sealant 1.00 GL @ 70.00 =70.00
48. Encapsulant smoke/odor 1.00 5G @ 450.00 =450.00
49. Filter carbon 1000/1200 1.00 EA @ 100.00 =100.00
50. Filter carbon 2000 1.00 EA @ 170.00 =170.00
51. Filter carbon 500 1.00 EA @ 70.00 =70.00
52. Filter HEPA 1000/1200 1.00 EA @ 254.00 =254.00
53. Filter HEPA 2000 1.00 EA @ 294.00 =294.00
54. Filter HEPA 500 1.00 EA @ 194.00 =194.00
55. FIlter pad 1000/1200 1.00 EA @ 3.00 =3.00
56. FIlter pad 2000 1.00 EA @ 3.00 =3.00
57. Filter pad 500 1.00 EA @ 3.00 =3.00
58. Filter pleated 2000 1.00 EA @ 20.00 =20.00
59. Filter pleated 500 1.00 EA @ 16.00 =16.00
60. Filter pleated 1000/1200 1.00 EA @ 18.00 =18.00
Page 27 of 161
4
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 4
CONTINUED - MATERIALS
DESCRIPTION QTY UNIT PRICE TOTAL
61. Filter respirator (pair)1.00 EA @ 24.00 =24.00
62. Filter respirator odor (pair)1.00 EA @ 66.00 =66.00
63. Floor scraper blades 1.00 EA @ 2.00 =2.00
64. Furniture blanket 1.00 DA @ 2.00 =2.00
65. Furniture blocks 1.00 BX @ 81.00 =81.00
66. Gloves disposable 1.00 BX @ 18.00 =18.00
67. Lay flat 12"x500'1.00 LF @ 1.00 =1.00
68. Lay flat 18"x500'1.00 LF @ 1.25 =1.25
69. Lay flat 22"x500'1.00 LF @ 1.50 =1.50
70. Lay flat 24"x500'1.00 LF @ 1.75 =1.75
71. Lay flat 30"x500'1.00 LF @ 2.00 =2.00
72. Mop/mop head/bucket combo 1.00 EA @ 25.00 =25.00
73. N-95 1.00 EA @ 5.00 =5.00
74. Paint remover 1.00 GL @ 78.00 =78.00
75. Paint plastic 10x100 2 mil 1.00 RL @ 48.00 =48.00
76. Furniture polish 1.00 EA @ 23.00 =23.00
77. Stainless steel polish 1.00 EA @ 14.00 =14.00
78. Poly hanger T clips 1.00 EA @ 8.00 =8.00
79. Rags white (60 pack)1.00 BX @ 100.00 =100.00
80. Ramboard 38" wide 100'1.00 RL @ 205.00 =205.00
81. Sand bag (filled)1.00 EA @ 40.00 =40.00
82. Saw zawzall blades (metal)1.00 EA @ 4.00 =4.00
83. Saw zawzall blade (wood)1.00 EA @ 5.00 =5.00
84. Scouring sponges (yellow or green)1.00 EA @ 3.00 =3.00
85. Shrink wrap 1.00 RL @ 66.00 =66.00
86. Tacky mat (set of 25)1.00 EA @ 120.00 =120.00
87. Caution tape 1.00 RL @ 34.00 =34.00
88. Duct tape 1.00 RL @ 17.00 =17.00
89. Packaging tape 1.00 RL @ 12.00 =12.00
90. Painters tape 2"1.00 RL @ 20.00 =20.00
91. Painters tape 3"1.00 RL @ 28.00 =28.00
92. Tyvek suits (blue)1.00 EA @ 22.00 =22.00
93. Tyvek suits (white)1.00 EA @ 20.00 =20.00
94. Tyvek suits (yellow)1.00 EA @ 24.00 =24.00
Page 28 of 161
5
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 5
CONTINUED - MATERIALS
DESCRIPTION QTY UNIT PRICE TOTAL
95. Water case (24 pack)1.00 EA @ 24.00 =24.00
96. Zipper (2 pack)1.00 EA @ 30.00 =30.00
97. Cleaner simple green 1.00 EA @ 43.00 =43.00
SMALL TOOLS FEE OF 3% WILL BE APPLIED TO INVOICE ON LABOR ONLY**
EQUIPMENT
DESCRIPTION QTY UNIT PRICE TOTAL
98. Air compressor 1.00 DA @ 100.00 = 100.00
99. Air mover 1.00 DA @ 30.00 =30.00
100. Air scrubber 1000/1200 CFM 1.00 DA @ 125.00 = 125.00
101. Air scrubber 2000 CFM 1.00 DA @ 150.00 = 150.00
102. Air scrubber 500 CFM 1.00 DA @ 80.00 =80.00
103. Airless spray 1.00 DA @ 165.00 = 165.00
104. Dehumidifer large 110-159 PPD 1.00 DA @ 175.00 = 175.00
105. Dehumidifer medium 70-109 PPD 1.00 DA @ 150.00 = 150.00
106. Dehumidifer small 69 PPD 1.00 DA @ 120.00 = 120.00
107. Desiccant dehumidifer 1,000-2,500 CFM 1.00 DA @ 710.00 = 710.00
108. Desiccant dehumidifer 10,000 CFM 1.00 DA @ 2,400.00 = 2,400.00
109. Desiccant dehumidifer 15,000 CFM 1.00 DA @ 3,350.00 = 3,350.00
110. Desiccant dehumidifer 3,000-4,000 CFM 1.00 DA @ 1,200.00 = 1,200.00
111. Desiccant dehumidifer 5000 CFM 1.00 DA @ 1,500.00 = 1,500.00
112. Desiccant dehumidifer 7,500 CFM 1.00 DA @ 2,000.00 = 2,000.00
113. Dolly 1.00 DA @ 22.00 =22.00
114. Dry ice blasting machine 1.00 DA @ 650.00 = 650.00
115. Extractor- portable 1.00 DA @ 140.00 = 140.00
116. Extractor- truck mount 1.00 DA @ 525.00 = 525.00
117. Generator 10 KW 1.00 DA @ 125.00 = 125.00
118. Generator 100 KW 1.00 DA @ 950.00 = 950.00
119. Generator 150 KW 1.00 DA @ 1,100.00 = 1,100.00
120. Generator 175 KW 1.00 DA @ 1,250.00 = 1,250.00
121. Generator 200 KW 1.00 DA @ 1,300.00 = 1,300.00
Page 29 of 161
6
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 6
CONTINUED - EQUIPMENT
DESCRIPTION QTY UNIT PRICE TOTAL
122. Generator 250 KW 1.00 DA @ 1,450.00 =1,450.00
123. Generator 30 KW 1.00 DA @ 370.00 =370.00
124. Generator 300 KW 1.00 DA @ 1,650.00 =1,650.00
125. Generator 400 KW 1.00 DA @ 2,450.00 =2,450.00
126. Generator 5 KW 1.00 DA @ 95.00 =95.00
127. Generator 50 KW 1.00 DA @ 600.00 =600.00
128. Generator 75 KW 1.00 DA @ 750.00 =750.00
129. Hydroxyl generator 1.00 DA @ 300.00 =300.00
130. Moisture meter 1.00 DA @ 75.00 =75.00
131. Ozone generator 1.00 DA @ 300.00 =300.00
132. Passenger van 1.00 DA @ 195.00 =195.00
133. Pick up tuck 1.00 DA @ 205.00 =205.00
134. PPE harness and lanyard 1.00 DA @ 30.00 =30.00
135. Pressure washer 1.00 DA @ 150.00 =150.00
136. Respirator full face 1.00 DA @ 12.00 =12.00
137. Respirator half face 1.00 DA @ 42.00 =42.00
138. Scaffolding 1.00 EA @ 45.00 =45.00
139. Spider box 1.00 DA @ 72.00 =72.00
140. Spider box cables 100'1.00 DA @ 62.00 =62.00
141. Thermal camera 1.00 DA @ 175.00 =175.00
142. Thermohygrometer 1.00 DA @ 70.00 =70.00
143. Vaccum back pack 1.00 DA @ 95.00 =95.00
144. Vaccum HEPA turtle 1.00 DA @ 95.00 =95.00
145. Work light temporary lighting 1.00 DA @ 20.00 =20.00
146. Workstation (table, chair)1.00 DA @ 50.00 =50.00
VEHICLES
DESCRIPTION QTY UNIT PRICE TOTAL
147. Box truck small 1.00 DA @ 340.00 =340.00
148. Box truck medium 1.00 DA @ 415.00 =415.00
149. Box truck large 1.00 DA @ 510.00 =510.00
Page 30 of 161
7
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 7
CONTINUED - VEHICLES
DESCRIPTION QTY UNIT PRICE TOTAL
150. Cargo van 1.00 DA @ 250.00 =250.00
151. Dump truck (does not include dump fees)1.00 DA @ 600.00 =600.00
152. Dump trailer (does not include dump fees)1.00 DA @ 120.00 =120.00
153. Catastrophe trailer 1.00 DA @ 600.00 =600.00
Grand Total Areas:
384.00 SF Walls 144.00 SF Ceiling SF Walls andCeiling528.00
144.00 SF Floor 16.00 SY Flooring 48.00 LF Floor Perimeter
0.00 SF Long Wall 0.00 SF Short Wall 48.00 LF Ceil. Perimeter
144.00 Floor Area 160.44 Total Area 384.00 Interior Wall Area
456.00 Exterior Wall Area 50.67 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length
0.00 Total Ridge Length 0.00 Total Hip Length
Coverage Item Total %ACV Total %
Dwelling 29,954.00 79.77%29,954.00 79.77%
Other Structures 0.00 0.00%0.00 0.00%
Contents 7,594.50 20.23%7,594.50 20.23%
Total 37,548.50 100.00%37,548.50 100.00%
Page 31 of 161
8
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 8
Summary for Dwelling
Line Item Total 29,954.00
Replacement Cost Value $29,954.00
Net Claim $29,954.00
Leo Martinez
Director Of Large Loss
Page 32 of 161
9
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 9
Summary for Contents
Line Item Total 7,594.50
Replacement Cost Value $7,594.50
Net Claim $7,594.50
Leo Martinez
Director Of Large Loss
Page 33 of 161
10
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 10
Recap by Room
Estimate: CODES
Area: Main Level
Area: REGULAR WAGE (NON PREVAILING)
REGULAR WAGE 865.00 2.30%
Coverage: Dwelling 100.00% =865.00
Area Subtotal: REGULAR WAGE (NON PREVAILING)2.30%865.00
Coverage: Dwelling 100.00% =865.00
PREVAILING WAGE 1,414.00 3.77%
Coverage: Dwelling 100.00% =1,414.00
MATERIALS 4,759.50 12.68%
Coverage: Contents 100.00% =4,759.50
EQUIPMENT 27,675.00 73.70%
Coverage: Dwelling 100.00% =27,675.00
VEHICLES 2,835.00 7.55%
Coverage: Contents 100.00% =2,835.00
Area Subtotal: Main Level 100.00%37,548.50
Coverage: Dwelling 79.77% =29,954.00
Coverage: Contents 20.23% =7,594.50
Subtotal of Areas 100.00%37,548.50
Coverage: Dwelling 79.77% =29,954.00
Coverage: Contents 20.23% =7,594.50
Total 37,548.50 100.00%
Page 34 of 161
11
West Coast Fire and Water
5846 Live Oak Dr. #1
Kelseyville, Ca 95451
Phone: 1(888)617-3786
Fax: 1(888)411-9985
Federal Employer Identification Number #90-0725162
service@westcoastfireandwater.com
T&MPRICING 3/24/2023 Page: 11
Recap by Category
Items Total %
CONT: PACKING,HANDLNG,STORAGE 2,835.00 7.55%
Coverage: Contents @ 100.00% =2,835.00
LABOR ONLY 2,279.00 6.07%
Coverage: Dwelling @ 100.00% =2,279.00
USER DEFINED ITEMS 4,759.50 12.68%
Coverage: Contents @ 100.00% =4,759.50
WATER EXTRACTION & REMEDIATION 27,675.00 73.70%
Coverage: Dwelling @ 100.00% =27,675.00
Subtotal 37,548.50 100.00%
Page 35 of 161
12
T&MPRICING 3/24/2023 Page: 12
Main Level
MATERIALSMATERIALS
Main Level
12'
12' 8"
12 12
8
Page 36 of 161
Attachment 3
Page 37 of 161
Page 38 of 161
Page 39 of 161
Page 40 of 161
Page 41 of 161
Page 1 of 2
Agenda Item No: 4.a.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2629
AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing May 14th – 20th as Police Week in the City of Ukiah.
DEPARTMENT: Police PREPARED BY: Cedric Crook, Police Chief
PRESENTER: Mayor Rodin and Cedric Crook, Chief of Police
ATTACHMENTS:
1. Proclamation - Police Week 2023
Summary: The City Council will consider issuing a proclamation recognizing May 14th through the 20th as
Police Week in the City of Ukiah.
Background: In 1962 President John F. Kennedy signed a bill into law designating May 15th of each year as
Peace Officers’ Memorial Day, and the week in which it falls as Police Week. Each year during Police Week,
communities across the United States hold memorial services in tribute to the more than 23,750 law
enforcement officers who have made the supreme sacrifice for their communities.
There are currently 23,785 names engraved on the walls of the National Law Enforcement Officers Memorial
in Washington D.C., including the names of local law enforcement officers killed in the line of duty. There were
226 law enforcement officers killed in the United States in 2022, and thus far in 2023 twenty-seven officers
have lost their lives while serving their communities.
Discussion: Currently, more than 800,000 law enforcement officers proudly serve their communities across
the nation, including the dedicated officers of the Ukiah Police Department and in Mendocino County.
To honor fallen officers who were killed in the line of duty, in-person events are planned for May 9-20, 2023 in
Washington, DC, and the 35th annual Candlelight Vigil will be held on May 13th in Washington DC. The City of
Ukiah Building Maintenance has arranged for the exterior of the City of Ukiah Civic Center to be accented in
blue lighting throughout the week in commemoration of Police Week. The color blue has long been
associated with those charged with maintaining order during unrest.
As May 15th is designated as Peace Officers’ Memorial Day in recognition of the fallen officers and their
families, U.S. flags should be flown at half-staff. The proclamation recognizing May 14 through May 20th as
Police Week in Ukiah is attached.
Recommended Action: Issue Proclamation
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):
Page 42 of 161
Page 2 of 2
CLIMATE INITIATIVES (CI): GP-A6 - Safety Element
Page 43 of 161
ATTACHMENT 1
ROCLAMATION
CITY OF UKIAH
RECOGNIZING MAY 14-20, 2023, AS POLICE WEEK IN
THE CITY OF UKIAH
WHEREAS, in 1962 President John F. Kennedy signed a bill into law designating May 15th of
each year as Peace Officers’ Memorial Day, and the week in which it falls as Police Week; and
WHEREAS, each year during Police Week, communities across the United States hold
memorial services in tribute to the more than 23,750 law enforcement officers who have made
the supreme sacrifice for their communities; and
WHEREAS, there are currently more than 800,000 law enforcement officers proudly serving
their communities across the nation, including the dedicated officers of the Ukiah Police
Department and in Mendocino County; and
WHEREAS, there are currently 23,785 names engraved on the walls of the National Law
Enforcement Officers Memorial in Washington DC, including the names of local law
enforcement officers killed in the line of duty; and
WHEREAS, there were 226 law enforcement officers killed in the United States in 2022, and
in 2023 thus far 27 officers have lost their lives while serving their communities; and
WHEREAS, this year the ceremonies during Police Week to honor those fallen officers whose
names that have been recently added to the Memorial will include the 35th Annual Candlelight
Vigil on Saturday May 13th; and
WHEREAS, in-person events are planned for May 9-20, 2023 in Washington, DC to offer the
same respect, honor, remembrance, and community support as National Police Week, while
allowing law enforcement, survivors, and citizens to gather and pay tribute to those who gave
their lives in the line of duty; and
WHEREAS, the City of Ukiah Building Maintenance Department has arranged for the exterior
of the City of Ukiah Civic Center to be accented in blue lighting throughout the week in
commemoration of Police Week, as the color blue has been long associated with those charged
with maintaining order during unrest; and
WHEREAS, May 15th is designated as Peace Officers’ Memorial Day in recognition of the fallen
officers and their families, and U.S. flags should be flown at half-staff.
THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby
proclaims the week of May 14th through May 20th, 2023, as.
Police Week in the City of Ukiah
And publicly salutes the service of law enforcement officers in our community and across the
nation.
Signed and sealed, this 3rd day of May
in the year Two Thousand and Twenty Three.
____________________________
Mari Rodin
City Council, Mayor
Page 44 of 161
Page 1 of 1
Agenda Item No: 4.b.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2636
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the City of Ukiah Recognizing May as Older Americans' Month.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Mari Rodin, City Council, Mayor
ATTACHMENTS:
1. Proclamation
Summary: Ukiah City Council to issue a proclamation recognizing May as Older Americans' Month.
Background: The City of Ukiah recognizes the need to celebrate our older citizens, help create an inclusive
society and accept the challenge of flexible thinking around aging. The community is encouraged to observe
the month of May with programs and activities to celebrate Older Americans' Month.
Discussion: The Ukiah City Council will issue a proclamation recognizing May as Older Americans' Month
(Attachment #1).
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing May as Older Americans'
Month.
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: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive
workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI): N/A
Page 45 of 161
WHEREAS, the City of Ukiah includes a growing number of older Americans who have built
resilience and strength over their lives through successes and difficulties; and
WHEREAS, the City of Ukiah benefits when people of all ages, abilities, and backgrounds are
included and encouraged to share their successes and stories of resilience; and
WHEREAS, the City of Ukiah recognizes our need to celebrate our older citizens, help create an
inclusive society and accept the challenge of flexible thinking around aging; and
WHEREAS, the City of Ukiah can foster communities of strength by creating opportunities to
share stories and learn from each other; engage older adults through education, recreation, and
services, and encourage people of all ages to celebrate connections and resilience; and
WHEREAS, we encourage our community to embrace, learn from, and engage with older
Americans locally by contacting Senior Information & Assistance at Community Care at (707)
468-5132, or visit www.SeniorResourceDirector.org as well as the Ukiah Senior Center, Inc. at
(707)462-4343, or visit www.ukiahseniorcenter.org; and
WHEREAS, we further encourage our community to observe this month with appropriate
programs and activities to celebrate Older Americans’ Month to affirm Ukiah’s commitment to
an inclusive community that increases our awareness, appreciation, and celebration of people of
all ages;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah, hereby
proclaims May 2023, as Older Americans’ Month in the City of Ukiah.
Older Americans Month in the City of Ukiah.
Signed and sealed, this 3rd day of May in the year Two Thousand
and Twenty-Three.
Mari Rodin
City Council, Mayor
C I T Y O F U K I A H
RECOGNIZING MAY AS “OLDER AMERICANS’ MONTH” IN
THE CITY OF UKIAH
Attachment 1
Page 46 of 161
Page 1 of 1
Agenda Item No: 4.c.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2637
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the City of Ukiah Recognizing May as Asian American Pacific Islander Heritage
Month.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Mari Rodin, City Council, Mayor
ATTACHMENTS:
1. Proclamation
Summary: Council to issue a proclamation recognizing May as Asian American Pacific Islander Heritage Month.
Background: The City of Ukiah celebrates and honors Asian American Pacific Islanders and their contribution to
our community during the month of May. In 2009, President Obama issued Presidential Proclamation 8369
proclaiming May as Asian American Pacific Islander Heritage Month, and the City of Ukiah joins the celebrations,
advancing leaders through opportunity.
Discussion: The Ukiah City Council will issue a proclamation recognizing May as Asian American Pacific
Islander Heritage Month (Attachment #1).
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing May as Asian American
Pacific Islander Heritage Month.
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: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive
workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI): N/A
Page 47 of 161
WHEREAS, Asian American and Pacific Islander Heritage Month originated in a congressional bill in
June of 1977. On March 28, 1979, President Carter issued Presidential Proclamation 4650,
proclaiming the week beginning on May 4, 1979, as Asian/Pacific American Heritage Week; and
WHEREAS, On May 1, 2009, President Obama issued Presidential Proclamation 8369
proclaiming May 2009 as Asian American and Pacific Islander Heritage Month; and
WHEREAS, generations of Asian American and Pacific Islanders of all backgrounds have been
inspirational examples of leaders and trailblazers and have a longstanding history of making
esteemed, significant, cultural, economic, and community contributions across the United
States and California; and
WHEREAS, a vast diversity of languages, religions, and cultural traditions of Asian Americans
and Pacific Islanders is continuously fostered to strengthen the fabric of American society; and
WHEREAS, the 2023 theme for the observance of Asian American, Native Hawaiian and Pacific
Islander Heritage Month is “Advancing Leaders Through Opportunity”; and
WHEREAS, there are many ways to celebrate Asian American Pacific Islander Heritage Month
and we encourage employers, schools, and other community organizations in Ukiah to visit the
following websites: www.asianpacificheritage.gov or https://www.fapac.org, to learn more
about Asian American and Pacific Islander Heritage Month; and
WHEREAS, we encourage our community to observe this month with appropriate programs and
activities to celebrate Asian American Pacific Islander Heritage Month to affirm Ukiah’s
commitment to an inclusive community that increases our awareness, appreciation, and
celebration of all people;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah, hereby
proclaims May 2023, as Asian American Pacific Islander Heritage Month in the City of Ukiah.
Asian American Pacific Islander Heritage Month
in the City of Ukiah.
Signed and sealed, this 3th day of May in the year Two Thousand
and Twenty-Three.
Mari Rodin
City Council, Mayor
C I T Y O F U K I A H
RECOGNIZING MAY AS “ASIAN AMERICAN PACIFIC
ISLANDER HERITAGE MONTH” IN THE CITY OF UKIAH
Attachment 1
Page 48 of 161
Page 1 of 2
Agenda Item No: 4.d.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2639
AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing May 4th as International Firefighters Day, and May 7th as National
Fallen Firefighter Memorial Service Day.
DEPARTMENT: Fire PREPARED BY: Eric Singleton, Battalion Chief
PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. Proclamation - Firefighters Day
Summary: The City Council will consider issuing a proclamation recognizing May 4th as International
Firefighters Day and May 7th as National Fallen Firefighters Memorial Service Day.
Background: International Firefighters Day: came about due to a tragic event on December 2, 1998, in
Linton, Australia, as five firefighters lost their lives battling a wildland fire. A large wildfire overwhelmed the
local resources. An urgent call for help brought the firefighters from a wide area, including volunteers from the
Geelong West Fire Brigade, to the scene, not knowing the despair and tragedy in store. Garry Vredeveldt,
Chris Evans, Stuart Davidson, Jason Thomas, and Matthew Armstrong were the crew on the Geelong West
tanker that fateful day; they were part of a strike team and were being sent to help extinguish the flames. As
the five headed out from the fire to refill their tanker with water, there was a sudden violent wind change as the
cold hit the area, engulfing the truck in flames and killing all five members.
This struck home hard for JJ Edmondson, a Fire Lieutenant in Victor, Australia. It didn’t matter that these five
were from a different brigade or in another region; they could have been from another state or country for all
that mattered. What was important was that they were firefighters who lost their lives doing something that
they have all been trained and are proud to do – they died trying to save life and property. The letters of
support and fellowship from the tragedy spurred JJ to organize an internationally recognized symbol of support
and respect for ALL firefighters and a date for this to coordinate worldwide.
The date chosen for International Firefighters’ Day was linked to the feast day of St Florian (the patron saint of
all firefighters). St Florian was the first known commander of one firefighting squad in the Roman Empire. He
lost his life, as well as those of his colleagues, for protecting the same humane ideas that firefighters
worldwide share even today.
National Fallen Firefighters Memorial Service Day: Since 1981, the memorial weekend has been observed.
In 1982, Congress established the National Fallen Firefighters Foundation. President George W. Bush
approved legislation in 2001. The legislation required the United States flags to be lowered to half-staff on all
federal buildings to memorialize fallen firefighters.
Discussion: Starting on May 4th and going through May 7th, the International Association of Fire Fighters
(IAFF), National Fallen Firefighter Foundation, and our nation will hold its 42nd National Fallen Firefighter
Memorial. It will honor seventy-nine firefighters who made the Ultimate sacrifice in 2022, protecting and
serving humanity.
As tradition dating back for forty-two years, at dusk between the 4th and 7th, many iconic buildings, including
Page 49 of 161
Page 2 of 2
the (Ukiah Civic Center), landmarks, homes, and fire departments will use red lights at night to glow in respect
to the fallen and their families for Light the Night for Fallen Firefighter.
Proclamation is attached.
Recommended Action: Issue Proclamation for May 4th and May 7th
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: Doug Hutchison, Fire Chief
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): GP-A6 Safety Element
Page 50 of 161
ROCLAMATION
CITY OF UKIAH
PROCLAIMING MAY 4TH AS INTERNATIONAL FIREFIGHTER DAY; AND
MAY 7TH AS NATIONAL FALLEN FIREFIGHTERS MEMORIAL SERVICE
DAY.
WHEREAS, the United States Congress and the President of the United States have
designated the day of the annual International Firefighters Day and the National Fallen
Firefighters Memorial Service Day as days to honor firefighters and emergency services
personnel who have sacrificed their lives to save others; and
WHEREAS, an average of 80 firefighters courageously make the ultimate sacrifice in the line of
duty each year; and
WHEREAS, firefighters and emergency services personnel play an essential role in the
protection of life, property, and the environment in our local community; and
WHEREAS, the National Fallen Firefighters Memorial Weekend marks the weekend
following International Firefighters’ Day 2023; and
WHEREAS, it is of significant importance that we increase our efforts to reduce deaths,
injuries, and property losses from fire; and
WHEREAS, a nationwide event known as “LIGHT UP THE NIGHT RED” is planned from
May 4th to May 7th. In tradition, using red lights on the outside of businesses, government
buildings, and homes to show support for those who made the ultimate sacrifice safeguarding
others.
THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby proclaims
May 4th, as International Firefighter Day; and
THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby proclaims
May 7th, as National Fallen Firefighters Memorial Service Day.
Signed and sealed, this 3rd day of May
in the year Two Thousand and Twenty-Three.
____________________________
Mari Rodin
City Council, Mayor
ATTACHMENT 1
Page 51 of 161
AGENDA ITEM 6a
Page 1 of 1
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600
Ukiah, CA 95482
April 19, 2023
4:00 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on April 19, 2023, having been legally noticed on April
14, 2023. The meeting was held virtually at the following link:
https://us06web.zoom.us/j/97199426600 . Mayor Rodin called the meeting to order at 4:08 p.m. Roll
was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F.
Crane Josefina Dueňas, and Mari Rodin. Present: Sage Sangiacomo, City Manager and Kristine
Lawler, City Clerk.
MAYOR RODIN PRESIDING.
The Pledge of Allegiance was led by Chief Hutchison.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No Public Comment was received.
3. UNFINISHED BUSINESS
a. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2022-23,
Review of Draft Objectives, and review of Individual Departmental Five-Year Capital
Improvement Plan Updates for Fiscal Year 2023-24.
DEPARTMENT REPORTS:
Ukiah Valley Fire Authority – Doug Hutchison, Fire Chief; Also Present – Eric Singleton, Battalion
chief (4:11 p.m.)
Police/Dispatch – Cedric Crook, Police Chief; Also Present – Tracey Porter,
Communications/Records Manager; Tom Corning, Patrol Lieutenant. (agenda item 3b report was
given during this presentation.) (4:39 p.m.)
Human Resources/Risk Management – Sheri Mannion, Human Resources/Risk Management
Director (5:10 p.m.)
b. Police Department Annual Report Review.
Presenter: Cedric Crook, Police Chief.
Presentation was given under agenda item 4a.
Report was received.
4. NEW BUSINESS
5. ADJOURNMENT
There being no further business, the meeting adjourned at 5:26 p.m.
Page 52 of 161
AGENDA ITEM 6b
Page 1 of 5
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600
Ukiah, CA 95482
April 19, 2023
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on April 19, 2023, having been legally noticed on April
14, 2023. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 6:04 p.m. Roll
was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F.
Crane, Josefina Dueňas, and Mari Rodin. Staff Present: Sage Sangiacomo, City Manager; David
Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR RODIN PRESIDING.
2.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Sage Sangiacomo, City Manager.
3.AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation of the City Council of the City of Ukiah Recognizing the Climate Initiative
“Biodiversity in the City.”
Presenter: Councilmember Orozco.
Proclamation was received by Dennis Crean and Erich Sommer.
5.PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that there were no communications.
6.APPROVAL OF MINUTES
a.Approval of the Minutes for the April 5, 2023, Special Meeting.
b.Approval of the Minutes for the April 5, 2023, Regular Meeting.
Motion/Second: Sher/Orozco to approve Minutes of April 5, 2023, special and regular meetings, as
submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Dueňas, and Rodin.
NOES: None. ABSENT: None. ABSTAIN: Crane.
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
a.Report of Disbursements for the Month of March 2023 - Finance.
b.Authorize City Manager to Negotiate and Execute Contract (COU No. 2223-196) Renewal with
OpenGov for Software Services - Finance.
Page 53 of 161
City Council Minutes for April 19, 2023, Continued:
Page 2 of 5
c. Consideration and Possible Adoption of an Ordinance Establishing Prezoning Districts for
Sixteen (16) City-Owned Properties Within Unincorporated Mendocino County – Community
Development.
ORDINANCE NO. 1231
UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH TO PREZONE
CERTAIN PARCELS IN ASSOCIATION WITH THE ANNEXATION OF CITY-OWNED
PROPERTIES WITHIN UNINCORPORATED MENDOCINO COUNTY
d. Consideration of Award of Bid (COU No. 2223-197) to Ghilotti Construction Company in the
Amount of $9,835,445.75 for the Downtown Streetscape, Road Diet and Utilities Project –
Phase II, Specification No. 21-01, and Approval of Corresponding Budget Amendment – Public
Works.
e. Consider Approval of a Three-Year Microsoft Enterprise Licensing Agreement (COU No. 2223-
198) with Dell Marketing, Inc. in the Amount of $140,462.76 Per Year, Plus the Yearly True-up
of Installed Licensed Products – Information Technology.
Motion/Second: Crane/Orozco to approve Consent Calendar Items 8a-e, with the vote correction
to the ordinance on agenda item 8c. Motion carried by the following roll call votes: AYES: Orozco,
Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Greg (no surname given).
10. COUNCIL REPORTS
Presenters: Vice Mayor Duenas, and Councilmembers Sher and Orozco.
11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
Summer Concert Line-up – Sage Sangiacomo, City Manager.
Modification to Agenda Summary Report Template – Shannon Riley, Deputy City
Manager.
12. PUBLIC HEARINGS (6:15 PM)
13. UNFINISHED BUSINESS
a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire
Remediation Work at the Electric Utility Service Center at Hastings.
Presenter: Cindy Sauers, Electric Utility Director.
Report was received.
Motion/Second: Crane/Orozco to approve the continued work on the emergency contract (COU
No. 2223-177) with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service
Center at Hastings. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane,
Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
b. Receive Report Regarding the Annual Review of the Ordinance for Shopping Cart
Containment and Retrieval, and Provide Direction to Staff as Necessary.
Presenter: Jesse Davis, Chief Planning Manager.
Page 54 of 161
City Council Minutes for April 19, 2023, Continued:
Page 3 of 5
Report was received.
Council Consensus for Staff to continue to bring this report back annually.
c. Approval of Plans and Specifications for the Recycled Water Project Phase 4,
Specification 23-01, and Authorize Staff to Issue Bids.
Presenters: Tim Eriksen, Public Works Director/City Engineer and Shannon Riley, Deputy City
Manager.
Motion/Second: Crane/Sher to approve Plans and Specifications for the Recycled Water Project
Phase 4 and Authorize Staff to Issue Bids for Specification Number 23-01. Motion carried by the
following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT:
None. ABSTAIN: None.
d. Adoption of Resolution Updating City of Ukiah Tree Management Guidelines.
Presenter: Neil Davis, Community Services Director.
Motion/Second: Crane/Orozco to adopt Resolution (Reso 2023-19) updating the Tree Care
Guidelines. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and
Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
e. Receive Annual Report for Ordinance Restricting the Retail Sale of Nitrous Oxide and
Provide Additional Direction as Necessary.
Presenter: Matt Keizer, Chief Building Official.
Report was received.
Council Consensus to direct Staff to include this report with an annual report of the tobacco retail
sales ordinance in agenda item 14a.
14. NEW BUSINESS
a. Possible Introduction by Title Only of Ordinance Prohibiting Retail Sales of Flavored
Tobacco Products Including Several Clean Up Provisions to Bring the City's Anti-Smoking
Regulations into Compliance with Current State Law.
Presenters: Darcy Vaughn, Assistant City Attorney and Matt Keizer, Chief Building Official.
Public Comment: Larry Olson, JoAnn Saccato, Lucy Kramer, Jaime Rojas, and Jay McCubbrey.
Motion/Second: Sher/Orozco to introduce the ordinance by title only. Motion carried by the
following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT:
None. ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS
OF THE UKIAH CITY CODE RELATING TO TOBACCO RETAILERS AND TOBACCO SMOKING
Motion/Second: Sher/Duenas to introduce the Ordinance prohibiting retail sales of flavored
tobacco products - including several clean up provisions to bring the City's anti-smoking regulations
into compliance with current State law. Motion carried by the following roll call votes: AYES: Orozco,
Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
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City Council Minutes for April 19, 2023, Continued:
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Mayor Directive to place the adoption of this Ordinance on Unfinished Business on the May 3, 2023,
meeting.
RECESS: 8:16 – 8:25 P.M.
b.Review Report and Approve Application for Grant Funding from CalTrans Clean CA Grant
Program, Adopt Resolution Authorizing the City Manager to Negotiate a Contract if
Awarded, and Approve Corresponding Budget Amendments.
Presenter: Neil Davis, Community Services Director.
Motion/Second: Crane/Sher to approve application for grant funding from CalTrans Clean CA Grant
Program, adopt resolution (Reso 2023-20) authorizing the City Manager to negotiate a contract
(COU No. 2223-199) if awarded, and approve corresponding budget amendments. Motion carried
by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None.
ABSENT: None. ABSTAIN: None.
c.Receive Report Regarding SB1383 and the Current Corrective Action Plan (CAP).
Presenters: Tim Eriksen, Public Works Director/City Engineer and Jason Benson, Senior Civil
Engineer.
Report was received.
d.Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
No reports were received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:56 P.M.
15. CLOSED SESSION
a.Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: (1 case)
b.Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County
Superior Court Case No. 22CV00048
c.Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-
70200
d.Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-
74612
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City Council Minutes for April 19, 2023, Continued:
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e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv-
009808.
g. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No report out; direction given to Staff.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:45 p.m.
________________________________
Kristine Lawler, CMC
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Agenda Item No: 8.a.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2633
AGENDA SUMMARY REPORT
SUBJECT: Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to Prepare
a Current Greenhouse Gas Emissions Inventory; Approval of Contract Amendment with Mintier Harnish; and
Approval of Corresponding Budget Amendment.
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director
PRESENTER: Consent Calendar
ATTACHMENTS:
1. Ukiah GHG Inventory - Rincon Proposal_4-11-23
2. Amendment 5 - C #1819-190 draft
Summary: Council will consider approving a scope of work for advance planning environmental subconsultant
Rincon to prepare a current greenhouse gas emissions inventory. Council will also consider approving a contract
amendment with Mintier Harnish and a corresponding budget amendment.
Background: On December 7, 2022, City Council adopted Resolution No. 2022-79, adopting the 2040
General Plan. One of the first implementation programs identified within the General Plan is Program M within
the Environment and Sustainability Element, which directs as follows:
M- Adopt a Municipal Climate Action Plan: The City shall adopt a municipal Climate Action Plan to achieve
carbon neutrality for all municipal operations and meet State and City GHG emission reduction goals.
Adoption of a Climate Action Plan (CAP) is also listed as a mitigation measure within the City's General Plan
Final Environmental Impact Report (EIR), adopted by the Council through Resolution No. 2022-78. Specific
General Plan direction related to GHG emissions inventorying and CAP adoption is described below.
Impact GHG-1: Development facilitated by Ukiah 2040 would make progress towards achieving State goals
but would not necessarily meet State 2030 or 2045 goals. Mitigation Measures GHG-1 and GHG-2 would
result in implementation of CEQA GHG thresholds and a CAP update; however, development facilitated by
Ukiah 2040 would not meet the 2030 or 2045 goals until the CAP is updated and adopted.
To mitigate this impact, the EIR directs the following:
GHG-1 Adopt and Implement a CEQA GHG Emissions Threshold: The City shall adopt the CEQA GHG
Emissions threshold of significance by Fall 2024 for use in future CEQA GHG emissions analyses through
2030. In addition, upon completion of future CAP updates and as necessary, the City shall update the CEQA
GHG Emissions threshold of significance and Ukiah CEQA GHG Checklist to be consistent with each CAP
update.
GHG-2 Update Ukiah CAP to the State’s 2030 and 2045 GHG Emissions Goals: The City shall update the
Ukiah CAP by Fall 2024 to outline how Ukiah will meet the State’s 2030 goal of 40 percent below 1990
emissions levels and 2045 goal of carbon neutrality.
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Council identified an ad hoc (Vice Mayor Duenas and Councilmember Sher) to work with Staff to develop the
City's Climate Action Plan. Council also identified composition of a working group of community members to
provide input on the development of specific implementation measures. The ad hoc and Staff have had three
meetings thus far. The first meeting of the working group is tentatively scheduled for May 8.
Preparing a CAP that meets requirements within CEQA first requires an inventory of Greenhouse Gas
emissions from community-wide and municipal operations activities. The City last prepared a GHG emissions
inventory in 2014 when a draft CAP was developed. However, because of changes in how GHG emissions are
analyzed and evaluated by the California Air Resources Board (CARB) and other regulators, much of this
information will need to be updated.
Discussion: Staff was trained in the preparation of GHG emissions inventories in 2011-12 by ICLEI- Local
Governments for Sustainability. However, over the last approximately 12 years, measurement standards
acceptable to CARB and other regulators have evolved significantly, and advanced modeling software and
specialized training are now required to evaluate the emissions and track them over time.
Given that Staff's in-house abilities for measuring GHG emissions is out of date, Staff requested a proposal for
preparation of an updated GHG emissions inventory from advanced planning environmental subconsultant
Rincon. Rincon's Proposal and Scope of Work is contained within Attachment 1. Rincon has experience
preparing GHG emissions inventories and CAPs for other cities that meet the requirements in CEQA
Guidelines. Additionally, as the City's CEQA EIR consultant for the 2040 General Plan, Rincon will be well-
positioned to prepare an inventory that meets CEQA guidelines for mitigation of environmental impacts
identified in the City's General Plan EIR.
Within Rincon's proposal in Attachment 1, two cost estimates are proposed: one for a "total without optional
tasks" of $24,441 for preparing a current GHG emissions inventory; and one for a "total with optional tasks" of
$33,293 to prepare both a current GHG emissions inventory and a possible update to the 2014 GHG
inventory. Although in both Staff and the ad hoc's opinions a 2014 update is not necessary, as noted within
Rincon's proposal "if determined to be needed as a result of the 2014 community GHG inventory review under
Task 1, Rincon could help the City to update its previous 2014 community GHG inventory for purposes of
making the inventory consistent with latest sectors and GHG emissions calculation methodologies issued by
CARB since 2014."
Therefore, Staff recommends Council approve the scope of work in Attachment 1 and contract amendment not
to exceed $33,293 within Attachment 2. If after analyzing the 2014 GHG emissions data Rincon and Staff
determine the update to the 2014 community GHG inventory is not needed, the remaining $8,852 could be
used for evaluating GHG emissions reductions from implementation measures identified within the CAP or
other CAP preparation tasks as needed. If the contract amendment is approved by Council, the scope of work
within Attachment 1 would become "Exhibit 1" to the contract amendment within Attachment 2. A budget
amendment is being requested in the amount of $44,618 to accommodate the current requested amendment,
and an additional minor budget adjustment due to a prior miscalculation.
Recommended Action: Approve scope of work for advance planning environmental subconsultant Rincon to
prepare a current greenhouse gas emissions inventory, approve contract amendment with Mintier Harnish,
and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 31523100.52100.18146: $169,694.27
PROPOSED BUDGET AMOUNT: 31523100.52100.18146: $214,312.27
FINANCING SOURCE: Advance Planning Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU No. 1819-190
COORDINATED WITH: Mary Horger, Financial Services Manager
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
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CLIMATE INITIATIVES (CI): 6c – Ensure that climate responsibility is integrated throughout the City’s
departments and operations. 6b – Continue to actively promote climate matters on City web site/social media.
GENERAL PLAN ELEMENTS (GP): GP-A5 - Environment and Sustainability Element
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Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
510 834 4455 OFFICE
info@rinconconsultants.com
www.rinconconsultants.com
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
April 11, 2023
Michelle Irace, Planning Manager
City of Ukiah, Department of Community Development
300 Seminary Ave., Ukiah, CA 95482
Via email: mirace@cityofukiah.com
Subject: Rincon Proposal to Provide GHG Inventory Support for City of Ukiah
Dear Ms. Irace,
Rincon Consultants, Inc. (Rincon) is pleased to submit this Proposal to assist the City of Ukiah (Ukiah)
with Greenhouse Gas (GHG) Emissions Inventory Support. We understand that Ukiah would like Rincon’s
support with the preparation of a 2022 community GHG inventory in order to help quantify Ukiah’s GHG
emissions as a first step in Ukiah preparing an updated Climate Action Plan (CAP).
Erik Feldman, the head of Rincon’s Statewide sustainability climate resilience practice (SCR+) will serve
as Principal-in-Charge (PIC). Mr. Feldman has guided the completion of community GHG inventories
across California. Kelsey Bennett will serve as Project Manager (PM) in charge of day-to-day oversight
and will serve as Ukiah’s primary contact for the 2022 GHG inventory work. In addition, GHD is included
on the team for purposes of supporting the transportation sector aspect of the GHG inventory work. We
believe that our experience developing GHG inventories across the State of California as well as
conducting hundreds of GHG emission audits for private sector clients as a CARB-Accredited GHG
Verifier gives Rincon a unique understanding of the relevant Ukiah GHG inventory sectors and factors.
A description of proposal tasks, including assumptions, deliverables, and timeline, is included below.
Task 1 – Review 2014 Community GHG Inventory and Provide Data Request
Rincon understands that Ukiah has previously prepared a 2014 GHG emission inventory. In using GHG
inventories to track progress over time, it is essential that future inventories are consistent with past
inventories and/or that past inventories are updated as needed to remain comparable with future
inventories. Upon receipt of 2014 communitywide GHG inventory files from the City, Rincon will review
the 2014 GHG inventory for the use of consistent data and application of appropriate methodologies
defined by the Local Governments for Sustainability USA (ICLEI) U.S. Community Protocol as well as the
correct emissions factors and inclusion of all appropriate emission sources. Rincon will provide a brief
summary memorandum with the 2014 community GHG inventory review findings. The cost estimate,
including rates and hours assumptions, for this task is shown in Table 1.
To streamline the data collection process, Rincon will provide a comprehensive data request broken into
sections to provide a clear understanding of the responsible parties for collecting specific data pieces to
be included in the 2022 community GHG emissions inventory. Rincon will review and QA/QC all data and
Attachment 1
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
review to identify any discrepancies or methodological changes required with City before initiating the
2022 community GHG inventory.
Assumptions:
• City will provide all the data necessary to review the 2014 community inventory, including previous
inventory/ forecast workbooks in MS Excel.
• Rincon will provide a 2-3 page memorandum outlining findings of the 2014 community inventory review.
• One round of consolidated comments will be provided by the City on the draft deliverable. Any additional
revisions will be completed on a time and materials basis in accordance with our standard fee schedule
(attached).
• Rincon’s Project Manager and Technical Lead will attend the one data review meeting.
• City staff will make connections to / request data from primary data providers as needed.
Deliverables:
• 2014 Community GHG Inventory Review memorandum (Adobe PDF)
• 2022 Community GHG Inventory Data request (Adobe PDF)
Task 2 – Prepare 2022 Community GHG Inventory
Using the communitywide 2022 activity data to be provided to Rincon by the City, Rincon will prepare a
Ukiah 2022 community GHG inventory. Note that Rincon has assumed up to 10 hours of staff time as
contingency for purposes of helping the City collect 2022 GHG inventory data, if needed.
In addition, GHD will provide vehicle miles traveled (VMT) calculations necessary to prepare the 2022
community GHG inventory. Specifically, GHD will provide an estimate of VMT attributable to Ukiah land
uses for year 2022 conditions based on prior model runs that were conducted using the Mendocino
Council of Governments (MCOG) travel demand model. The prior model outputs that were based on a
2009 base year will be adjusted as needed to reflect year 2022 land uses within Ukiah. The VMT
estimate will include total VMT for typical weekday conditions, based on internal trips within Ukiah, and
50 percent of VMT attributable to internal/external and external/internal trips that begin or end in
Ukiah.
The 2022 community inventory will comply with the Global Protocol for Community-scale GHG
Emissions (GPC) and the U.S. Community Protocol. Rincon will complete the inventory calculations in
Rincon’s Excel calculation tool and will provide both the unlocked inventory tool and a brief summary
memorandum with relevant tables and charts of the 2022 community GHG inventory findings. In
addition, for City reference, Rincon will provide a table visually comparing the 2014 and 2022 GHG
inventory results. The cost estimate, including rates and hours assumptions, for this task is shown in
Table 1.
Assumptions:
• City will provide all the data necessary to calculate the community inventory, including previous inventory/
forecast workbooks in MS Excel.
• GHD will prepare and provide VMT calculations necessary to prepare the 2022 community GHG inventory.
Assumptions concerning 2022 land uses will be based on information previously provided to GHD during
the 2040 General Plan update and/or updated land use information to be provided by the City.
• Rincon will provide a memorandum outlining data used to calculate the community inventory and a brief
summary of the results.
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• One round of consolidated comments will be provided by the City on the draft deliverable. Any additional
revisions will be completed on a time and materials basis in accordance with our standard fee schedule
(attached).
Deliverables:
• 2022 Community GHG inventory tool (MS Excel) and summary memorandum (Adobe PDF)
• Data collection assistance contingency (up to 10 hours of Rincon staff time)
• 2022 VMT estimate summary table (MS Excel)
• Table visually comparing 2014 and 2022 GHG inventory results (MS Excel and Adobe PDF)
Task 3 – Project Management
Upon contract execution, it is assumed that the 2022 GHG inventory will take approximately five months
to complete, approximately from mid-June 2023 to mid-November 2023. This is based on our
experience related to data collection that often takes the longest amount of time to prepare an
inventory. Therefore, Rincon has assumed project management and coordination time, including up to
three virtual meetings with the City team, one of which would be a kickoff/data request call and another
could be a virtual presentation of the GHG inventories findings to the Ukiah Planning Commission
and/or City Council. The cost estimate, including rates and hours assumptions, for this task is shown in
Table 1.
Assumptions:
• If the project schedule is delayed or further assistance with data collection beyond 10 hours of Rincon staff
time is requested, additional project management and data collection assistance will be completed on a
time and materials basis in accordance with our standard fee schedule (attached).
Deliverables:
• Up to three (3) virtual meetings with the City team (MS Teams platform)
• Up to five (5) monthly invoices with progress reports (Adobe PDF)
Optional Task 4 – Prepare Updated 2014 Community GHG Inventory
To be able to accurately track progress over time, it is essential that previous and current GHG
inventories are consistent in terms of the methodology utilized, sectors included and excluded,1 activity
data utilized, and application of emissions factors. Inconsistencies between previous and current
inventories pose the risk of changes in GHG emissions being a byproduct of methodological change
rather than actual change in emissions. This limits defensibility of the calculations and hinders a
jurisdiction’s ability to accurately compare previous GHG emissions with recently developed CAPs as
well as State GHG inventories. Therefore, it is a best practice to correct any potential inconsistencies
prior to developing the Ukiah 2022 community GHG inventory.
If desired by the City and if determined to be needed as a result of the 2014 community GHG inventory
review under Task 1, Rincon could help the City to update its previous 2014 community GHG inventory
for purposes of making the inventory consistent with latest sectors and GHG emissions calculation
methodologies issued by CARB since 2014. This would allow for a true comparison between the 2014
1 For example, many previous GHG inventories include emissions associated with industrial energy use that is covered under the Cap-and-Trade
program. Under current best practices, these emissions are considered outside of a jurisdiction’s control and are typically excluded from local
GHG inventories.
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s
and 2022 community GHG inventories. Specifically, Rincon would prepare a Scopes 1, 2, and 32 2014
communitywide data request and submit it to the City. Upon receipt of the 2014 communitywide
activity data from the City, Rincon would develop data activity types/inputs, emissions factors, and
emissions calculations for the updated Ukiah 2014 community GHG inventory.
In addition, if requested, GHD could provide a VMT estimate for year 2014 conditions. This would be
based on prior model runs that were conducted using the MCOG travel demand model, adjusted as
needed to reflect year 2014 land uses within Ukiah. The VMT estimate would include total VMT for
typical weekday conditions, based on internal trips within Ukiah, and 50 percent of VMT attributable to
internal/external and external/internal trips that begin or end in Ukiah.
The updated 2014 community inventory would comply with the Global Protocol for Community-scale
GHG Emissions (GPC) and the U.S. Community Protocol. Rincon would provide both the unlocked
inventory tool and a brief summary memorandum with relevant tables and charts of the 2014
community GHG inventory findings. The cost estimate, including rates and hours assumptions, for this
optional task is shown in Table 1.
Assumptions:
• City will provide all the data necessary to update the previous inventory workbooks in MS Excel.
• GHD will prepare and provide VMT calculations necessary to prepare the updated 2014 community GHG
inventory. Assumptions concerning 2014 land uses will be based on land use information to be provided by
the City.
• Rincon will provide a 2-3 page memorandum outlining data used to calculate the updated 2014
community inventory and a brief summary of the results.
• One round of consolidated comments will be provided by the City on the draft deliverable. Any additional
revisions will be completed on a time and materials basis in accordance with our standard fee schedule
(attached).
Deliverables:
• 2014 Community GHG inventory data request (Adobe PDF)
• 2022 Community GHG inventory tool (MS Excel) and summary memorandum (Adobe PDF)
• 2014 VMT estimate summary table (MS Excel)
2 Communitywide Scope 3 emissions as related to carbon sequestration
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Table 1 Ukiah GHG Inventory Cost Estimate
Task Hours Labor
Cost
Subconsultant
Cost
TOTAL COST
Task 1: Review 2014 Community
GHG Inventory
24 $4,807 $0 $4,807
Task 2: Prepare 2022 Community
GHG Inventory
47 $9,090 $4,640 $13,730
Task 3: Project Management
(including meetings)
26 $5,904 $0 $5,904
TOTAL without Optional Tasks 97 $19,801 $4,640 $24,441
Optional Task 4: Prepare Updated
2014 Community GHG Inventory
33 $6,532 $2,320 $8,852
TOTAL with Optional Tasks 130 $26,333 $6,960 $33,293
Note: GHD is the subconsultant included to provide VMT estimates to support the GHG inventory work.
The Ukiah 2022 community GHG inventory scope enclosed in this proposal (represented by Tasks 1
through 3) amounts to a total cost of $24,441.
If Ukiah desires to also proceed with identified Optional Task 4 (prepare updated 2014 community GHG
inventory), the total cost would be $33,293.
Thank you for considering Rincon for this important assignment. Please do not hesitate to contact us if
you have questions about this proposal or need additional information.
Sincerely,
RINCON CONSULTANTS, INC.
Erik Feldman, MS, LEED-AP Kelsey Bennett, MPA, LEED-AP
Principal Director
efeldman@rinconconsultants.com kbennett@rinconconsultants.com
Attachment: Rincon Standard Fee Schedule
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CITY OF UKIAH
AMENDMENT 5
TO
CONTRACT #1819190 – PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN
UPDATE, ENVIRONMENTAL IMPACT REPORT,
AND OTHER RELATED ADVANCED PLANNING SERVICES
This Amendment No. 5, entered on May 3, 2023, revises the Agreement for Professional services dated
March 21, 2019 between the City of Ukiah and Mintier Harnish for consulting services related to
professional planning services for a General Plan Update, Environmental Impact Report, and other
related advanced planning services.
This Amendment No. 4, as per Exhibit 1:
1) Amends the Scope of Services to prepare a current Greenhouse Gas Emissions Inventory and
possibly an update to the City’s 2014 Greenhouse Gas Emissions Inventory or related Climate
Action Plan preparation tasks in accordance with CEQA Guidelines.
2) Adds an additional dollar amount of $33,293, for a revised total contract amount of $625,968.
Except as expressly amended by this Amendment, all other terms remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT ON
THE EFFECTIVE DATE:
MINTIER HARNISH
BY: DATE:
JIM HARNISH, JD
CITY OF UKIAH
BY: DATE:
SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:
KRISTINE LAWLER, CITY CLERK
Attachment 2
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Agenda Item No: 13.a.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2628
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Ordinance Prohibiting Retail Sales of Flavored Tobacco Products, Including Several
Cleanup Provisions to Bring the City's Anti-Smoking Regulations into Compliance with Current State Law.
DEPARTMENT: Community
Development
PREPARED BY: Darcy Vaughn, Assistant City Attorney
PRESENTER: Darcy Vaughn, Assistant City Attorney and Matt Keizer, Chief Code Enforcement Officer
ATTACHMENTS:
1. Flavored Tobacco Ban Draft Redline Introduced
2. Flavored Tobacco Ban Draft Clean Introduced
Summary: Council will consider adopting the Ordinance Prohibiting Retail Sales of Flavored Tobacco
Products. The Ordinance includes several cleanup provisions to bring the City's anti-smoking regulations into
compliance with current State law.
Background: On November 8, 2022, California voters passed Proposition 31, which upheld a statewide ban
on most flavored tobacco products. SB 793, codified at Health and Safety Code Section 104559.5, prohibits
the sale of flavored tobacco products by tobacco retailers statewide, including any tobacco product that has a
characterizing flavor, which is defined to cover any distinguishable taste or aroma other than that of tobacco,
explicitly listing mint and menthol flavors as examples. More specifically, Section 104559.5 sets a statewide
floor prohibiting certain flavored tobacco product sales by anyone selling tobacco products from a retail
location or vending machine in the state of California. It covers a broad range of flavored tobacco products,
including menthol cigarettes, chewing tobacco, snuff, little cigars, e-cigarettes, and roll-your-own tobacco, but
exempts certain products such as shisha, loose leaf tobacco, and premium cigars.
Section 104559.5 does not preempt local ordinances that are more restrictive than State law in prohibiting the
sale of flavored tobacco products. The proposed Ordinance Prohibiting Retail Sales of Flavored Tobacco
Products ("Ordinance") explicitly adopts the State's prohibition on the sale of flavored tobacco products, and
goes further by prohibiting the categories of flavored tobacco products that are exempted from Section
104559.5: flavored hookah or shisha tobacco, flavored loose leaf pipe tobacco, and flavored premium cigars.
The Ordinance is attached here in redline markup as Attachment 1, and a clean version as Attachment 2.
Council voted unanimously to introduce the Ordinance by title only at their April 19, 2023, regular meeting but
wished to solicit additional comments from local tobacco retailers and allow for more outreach to the
community on the issues addressed in the Ordinance. Tobacco Retailers operating within the City have been
provided notice that Council is considering adopting the Ordinance and have had fourteen (14) days to
comment. Should Council adopt the Ordinance, the Ordinance will go into effect 30 days after adoption.
Discussion: The Ordinance amends various sections of the City Code to reflect the State's flavored tobacco
product sales ban, to prohibit sales of additional categories of flavored tobacco products not covered by the
State law, and to allow for enforcement of the flavored tobacco product sales ban and for appeal of
enforcement decisions. The Ordinance establishes a definition for Characterizing Flavor, the distinguishing
factor for identifying flavored tobacco products, that will allow the City's Code Enforcement staff to determine
whether a retailer is selling a prohibited flavored tobacco product. A Characterizing Flavor is defined as
distinguishable taste or smell, or both, other than the taste or smell of tobacco that is distinguishable by an
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ordinary consumer, imparted by a tobacco product or any byproduct produced by the tobacco product. The
definition further states that the determining factor is not the presence of an additive or flavoring, but rather
the presence of a distinguishable taste or smell, or both, that is distinguishable by an ordinary consumer. The
Ordinance revises the definition of Tobacco Product to include additional categories of tobacco product, such
as loose leaf tobacco and shisha, as well as Electronic Nicotine Device Systems, or ENDS. In addition, the
Ordinance defines and prohibits retail sale of Tobacco Product Flavor Enhancers, which are products
designed, manufactured, produced, marketed, or sold to produce a Characterizing Flavor when added to a
Tobacco Product.
The Ordinance allows Code Enforcement staff to conduct compliance check inspections of Tobacco Retailers
and requires that such inspections take place at least once annually. In addition, the Ordinance explicitly
states that fees related to Tobacco Retailer licenses, including fees related to inspections, will be based on
cost recovery. Should Code Enforcement Staff take enforcement action against a Tobacco Retailer for
violations of the Ordinance, the Ordinance establishes a process by which the Retailer can request a hearing
before the Hearing Officer to appeal Code Enforcement's decision.
The Ordinance also includes several cleanup provisions to bring the City's anti-smoking regulations into
compliance with current State law. For example, State law now prohibits the sale of tobacco products to
minors under the age of twenty-one (21); the Ordinance updates the City Code accordingly. In addition, the
Ordinance removes bars from the list of areas where smoking is not regulated and adds bars to the list of
enclosed spaces and places of employment where smoking is prohibited. Finally, the Ordinance adds waiting
rooms, hallways, wards, and rooms of health facilities to the list of enclosed spaces and places of employment
where smoking is prohibited.
Recommended Action: Adopt Ordinance Prohibiting Retail Sales of Flavored Tobacco Products, Including
Several Cleanup Provisions to Bring the City's Anti-Smoking Regulations into Compliance with Current State
Law.
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
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP): N/A
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
VARIOUS SECTIONS OF THE UKIAH CITY CODE RELATING TO TOBACCO
RETAILERS AND TOBACCO SMOKING.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1 FINDINGS
1. Four out of five children who use tobacco started with a flavored tobacco
product.
2. According to a Report of the Surgeon General, internal tobacco industry
documents show that the industry uses flavors to reduce the harshness of their products
to make them more appealing to new users, almost all of whom are under the age of 18 .
3. The results of a California Statewide survey among students in 2018 by the
Center for Research and Intervention in Tobacco Control indicate that flavored
electronic smoking products are mainly responsible for a rapid increase in youth and
young adult tobacco use.
4. According to a fact sheet on Menthol and Cigarettes published by the California
Department of Public Health, menthol flavorings are more popular with young smokers
based on a national study finding that 54.5% of high school and 48.4% of middle school
users of tobacco products smoke menthol cigarettes (as compared to 30-35% of
adults).
5. W ithin a statewide survey of high school students in 2017-2018, the Northern
Region of California, which includes the City of Ukiah, has among the highest
prevalence of tobacco use.
6. The results of the California Healthy Kids Survey for 2017-2019, indicate that in
the City of Ukiah, 29% of seventh graders, 33% of ninth graders and 36% of eleventh
graders had tried vaping.
7. California Health and Safety Code § 104559.5 sets a statewide floor prohibiting
certain flavored tobacco product sales by anyone selling tobacco products from a retail
location or vending machine in the state of California. It covers a broad range of
flavored tobacco products, including menthol cigarettes, chewing tobacco, snuff, little
cigars, e-cigarettes, and roll-your-own tobacco, but exempts certain products such as
shisha, loose leaf tobacco, and premium cigars.
8. California Health and Safety Code § 104559.5 does not preempt local action that
goes further in prohibiting the sale of tobacco products.
Attachment 1
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9. It is the intent of the City Council of the City of Ukiah, in enacting this ordinance,
to join numerous other California jurisdictions, which have adopted comprehensive
flavored tobacco bans.
SECTION 2
Article 7 of Division 2, Chapter 2 of the Ukiah City Code is hereby amended to
read as follows:
ARTICLE 7. TOBACCO RETAILERS
§2350 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the
meanings provided in this section unless the context clearly requires otherwise:
APPELLANT: A person who appeals a department decision to the grievance
committeeHearing Officer.
CHARATERIZING FLAVOR: A distinguishable taste or smell, or both, other than
the taste or smell of tobacco that is distinguishable by an ordinary consumer, imparted
by a tobacco product or any byproduct produced by the tobacco product. Characterizing
flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate,
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, m int, wintergreen,
herb, or spice. A tobacco product shall not be determined to have a characterizing flavor
solely because of the use of additives or flavorings or the provision of ingredient
information. Rather, it is the presence of a distinguishable taste or smell, or both, as
described in the first sentence of this definition, and that is distinguishable by an
ordinary consumer, that constitutes a characterizing flavor.
DEPARTMENT: The city manager and/or the duly authorized designee of the city
manager.
ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS): An electronic device
that can be used to deliver an inhaled dose of nicotine, or other substances, including
any component, part, or accessory of such a device, whether or not sold separately and
includes any such device, whether manufactured, distributed, marketed, or sold as an
electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an
electronic hookah, or any other product name or descriptor
FLAVORED TOBACCO PRODUCT: Any tobacco product that contains a
constituent that imparts a Characterizing Flavor.
GRIEVANCE COMMITTEE: A committee of two (2) persons, one city council
member, selected by the city council, and one city employee selected by the city
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manager. No member of the committee shall have participated in a decision appealed to
the committee.
PERSON: Any natural person, firm, partnership, trust, estate, association,
corporation, or organization of any kind. Where a principal acts through an agent, the
word "person" shall include both such principal and agent.
SALE: Any transfer of title or possession for a consideration, exchange or barter,
in any manner or by any means whatever.
TOBACCO PRODUCT:
A. A product containing, made, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not
limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, loose leaf
tobacco, hookah tobacco, shisha, or snuff;
B. Any Electronic Nicotine Device System (ENDS) that can be used to deliver
an inhaled dose of nicotine, or other substances, including any component, part, or
accessory of such a device, whether or not sold separately. Including any such device,
whether manufactured, distributed, marketed, or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any
other product name or descriptor; and
C. Any component, part, or accessory of a tobacco product, whether or not
sold separately.
D. “Tobacco product” does not include a product that has been approved by
the United States Food and Drug Administration for sale as a tobacco cessation product
or for other therapeutic purposes where the product is marketed and sold solely for such
an approved purpose.Any substance containing tobacco leaf, including, but not limited
to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or
any other preparation of tobacco.
TOBACCO PRODUCT FLAVOR ENHANCER: A product designed,
manufactured, produced, marketed, or sold to produce a Characterizing Flavor when
added to a Tobacco Product.
TOBACCO RETAILER: Any person who sells, offers for sale, or does or offers to
exchange for any form of consideration, tobacco or tobacco products. "Tobacco
retailing" shall mean the doing of any of these things. This definition is without regard to
the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered
for exchange.
§2351 LICENSE REQUIREMENTS
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A. It shall be unlawful for any person to act as a tobacco retailer without first
obtaining and maintaining a valid tobacco retailer’s license pursuant to this article for
each location at which that activity is to occur. No license may issue to authorize
tobacco retailing at other than a fixed location. For example, tobacco retailing b y
persons on foot and tobacco retailing from vehicles are prohibited.
B. The term of a license is one year from January 1 through December 31
unless earlier suspended, terminated or revoked pursuant to section 2358 of this article.
Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license
no later than thirty (30) days prior to its expiration.
C. Nothing in this article shall be construed to grant any person obtaining and
maintaining a tobacco retailer’s license any status or right other than the right to act as a
tobacco retailer at the location in the city of Ukiah identified on the face of the license.
For example, nothing in this article shall be construed to render inapplicable, supersede,
or apply in lieu of any other provision of applicable law, including, without limitation, any
condition or limitation on smoking in enclosed places of employment made applicable to
business establishments by Labor Code section 6404.5.
§2352 APPLICATION PROCEDURE
Application for a tobacco retailer’s license shall be submitted in the name of each
person proposing to conduct retail tobacco sales and shall be signed by each person or
an authorized agent thereof. It is the responsibility of each person to be informed of the
laws affecting the issuance of a tobacco retailer’s license. A license that is issued in
error or on the basis of false or misleading information supplied by a person may be
revoked pursuant to section 2358 of this article. All applications shall be submitted on a
form supplied by the department and shall contain the following information:
A. The name, address, and telephone number of each person.
B. The business name, address, and telephone number of each location for
which a tobacco retailer’s license is sought.
C. The name and mailing address authorized by each person to receive all
license related communications and notices (the "authorized address"). If an authorized
address is not supplied, each person shall be understood to consent to the provision of
notice at the business address specified pursuant to subsection B of this section.
D. Whether or not any person has previously been issued a license pursuant to
this article that is, or was at any time, suspended or revoked and, if so, the dates of the
suspension period or the date of revocation.
E. Such other information as the department deems necessary for the
administration or enforcement of this article.
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§2353 ISSUANCE OF LICENSE
Upon the receipt of an application for a tobacco retailer’s license and the license
fee, the department shall issue a license, unless:
A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a person for
which or whom a suspension is in effect pursuant to section 2358 of this article, or by a
person which or who has had a license revoked pursuant to section 2358 of this article .
§2354 DISPLAY OF LICENSE
Each license shall be prominently displayed in a publicly visible location at the
licensed premises.
§2355 LICENSE FEE
The fee to issue or to renew a tobacco retailer’s license shall be established by
resolution of city the City councilCouncil from time to time. The fee shall be calculated
so as to recover the cost of administration and enforcement of this Article, including, for
example, issuing a license, administering the license program, retailer education,
retailer inspection and compliance checks, documentation of violations, and
enforcement, but shall not exceed the cost of the regulatory program authorized by this
Article. Annual fees shall not be pro-rated or refunded during the course of the year.
The City may charge a re-inspection fee to offset the additional staff time required to
handle non-compliant businesses. Additional inspections thereafter will be billed based
on actual costs incurred.
§2356 LICENSES NOT TRANSFERABLE
A tobacco retailer’s license is not transferable. If the information required in the
license application pursuant to subsection 2352A, B or C of this article changes, the
tobacco retailer must notify the department within fourteen (14) days, and update all
information on the license application form in order to continue to act as a tobacco
retailer. For example, if a tobacco retailer to whom a license has been issued changes
business location, that tobacco retailer must supply updated license information wi thin
fourteen (14) days of acting as a tobacco retailer at the new location. If a business is
sold, the new owner must apply for a license for that location before acting as a tobacco
retailer. The current licensee shall notify the department of the sale of the tobacco
retailing business.
§2357 LICENSE VIOLATION
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A. Violation Of Tobacco Related Laws: It shall be a violation of a tobacco
retailer’s license for a person or his or her agent or employee to violate any local, state,
or federal tobacco related law.
B. It is a violation of a tobacco retailer’s license for a person or his or her agent
or employee to sell or offer for sale any Flavored Tobacco Product or Tobacco Product
Flavor Enhancer. There is a rebuttable presumption that a tobacco product is a
Flavored Tobacco Product if a manufacturer or its agents or employees has made a
public statement or claim that the tobacco product has or produces a Characterizing
Flavor, including, but not limited to, text, color, or images on the product’s labeling or
packaging that are used to expressly or impliedly communicate that a tobacco product
has a Characterizing Flavor.
BC. License Compliance Monitoring: The Department, Code Enforcement
Officer, or other person designated to enforce the provisions of this Article shall have
the power and authority to enter any tobacco retailer during regular business hours to
inspect the premises and determine compliance with the provisions of this Article. The
city of Ukiah anticipates that compliance checks of each tobacco retailer will be
conducted at least two (2) times during each twelve (12) month period by the
Mendocino County public health department. City’s Code Enforcement Officer shall
conduct onsite compliance checks at least once annually. The city City shall not enforce
any tobacco related minimum age law against a person who otherwise would be in
violation of such law because of the person’s age (hereinafter "youth decoy") if the
violation occurs when:
1. The youth decoy is participating in a compliance check supervised by a law
enforcement official, a code enforcement official, or any peace officer; or
2. The youth decoy is participating in a compliance check funded or supervised in
part by the county of Mendocino or, funded or supervised in any part by the California
department of health services.
§2358 SUSPENSION, TERMINATION OR REVOCATION OF LICENSE
A. Violation: In addition to any other penalty authorized by law, such as
possible imposition of administrative fines pursuant to section 2359 of this Article, a
tobacco retailer’s license may be suspended or revoked if the department determines
that the person or his or her agents or employees have violated the requirements of this
article or other conditions of the license imposed pursuant to section 2357 of this article.
A person who loses his license for one location does not lose it for all locations, if those
locations are in compliance with this article, and may renew licenses for other
conforming locations. A person cannot obtain a new license for a new location so long
as there is a suspension in effect for any location.
1. Notice Required: The licensee shall be served with written notice of all
determinations or decisions under this section affecting his or her license. Notice shall
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be served by personal service, overnight courier, certified mail, return receipt requested,
or U.S. mail with first class postage affixed. The notice shall be sent to the authorized
address. All notices shall be deemed served, when received, except for notices sent by
first class mail which shall be deemed served two (2) days after deposit in the U.S. mail
if addressed to a location within Mendocino County and five (5) days if addressed to a
location outside Mendocino County. The notice shall describe the legal and factual
basis for the decision. A decision imposing a fine shall specify the amount of the fine. A
decision to suspend or revoke a license shall specify the beginning and ending dat es of
the suspension or the effective date of the revocation. No decision shall become
effective in less than ten (10) days from the date of service.
2. Duration Of Suspensions:
a. Upon a finding by the department of a first license violation within any thirty six
(36) month period, the license shall be suspended for fourteen (14) days. However, if
the violation in question is for sale of tobacco products to persons under the age of
twenty-one (21), prior to imposing the suspension, the department shall by letter (an
"advice letter") advise the person that if person trains all sales employees at the location
of the sale in the laws pertaining to the sale of tobacco products to minors persons
under the age of twenty-one (21) and techniques to ensure future compliance with said
laws, the suspension will not go into effect. Within thirty (30) days of the issuance of the
advice letter, the person must file with the department an affidavit signed by the per son
and the sales employees that said training has been completed. If the person fails to
timely submit the affidavit, the department shall notify the person that the permit is
suspended for fourteen (14) days.
b. Upon a finding by the department of a second license violation within any thirty
six (36) month period, the license shall be suspended for twenty one (21) days.
c. Upon a finding by the department of a third license violation within any thirty
six month (36) period, the license shall be suspende d for thirty (30) days.
d. Upon a finding by the department of a fourth license violation within any thirty
six (36) month period, the license shall be revoked and the person or persons who had
been issued the license shall not be issued a tobacco retaile r’s license pursuant to this
article for a period of three (3) years from the date of revocation.
B. Failure To Pay Renewal Fees: A tobacco retailer’s license which is not
timely renewed pursuant to subsection 2352B of this article is an expired license. The
tobacco retailer shall not engage in tobacco retailing at the licensed location until a new
license has been issued for that location.
C. License Issued In Error: A tobacco retailer’s license shall be revoked if the
department determines that one or more of the bases for denial of a license under
section 2353 of this article existed at the time application was made or at any time
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before the license issued. The revocation shall be without prejudice to the filing of a new
application for a license.
D. Removal Of All Tobacco Products From Public View: A tobacco retailer
whose license is suspended must remove from public view all tobacco products and
tobacco advertising for the duration of the suspension. Failure to remove such items
from view will be regarded as a violation of this article equivalent to that of selling to
minorspersons under the age of twenty-one (21) or selling or offering for sale any
Flavored Tobacco Product or Tobacco Product Flavor Enhancer.
E. License Obtained Under False Pretenses: Tobacco retailers whose license
is obtained under false pretenses shall have that license revoked. A licensee whose
license is revoked pursuant to this subsection may not apply for a new license for a
period of one year from the date the license is revoked.
§2359 ADMINISTRATIVE FINE
A. Grounds For Fine: If the department determines that any unlicensed person,
including a person named on a revoked or suspended license, has engaged in tobacco
retailing in violation of this article, the department shall fine that person as follows:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation in any
thirty six (36) month period; or
2. A fine not exceeding two hundred dollars ($200.00) for a second violation in
any thirty six (36) month period; or
3. A fine not exceeding five hundred dollars ($500.00) for a third or subsequent
violation in any thirty six (36) month period.
Each day that such a person engages in tobacco retailing shall constitute a
separate violation.
B. Imposition Of Fine: If no request for a hearing is timely received in
accordance with section 2360 of this article, the department’s determination on the
violation and the imposition of a fine shall be final and payment shall be made within
thirty (30) days after notice of the fine was served in accordance with subsection
2358A1 of this article. If the fine is not paid within that time, the fine may be collected,
along with interest at the legal rate, in any manner provided by law. In the event that a
judicial action is necessary to compel payment of the fine and accumulated interest, the
person or persons subject to the fine shall also be liable for the costs of th e suit and
attorney fees incurred by the city in collecting the fine.
§2360 GRIEVANCE COMMITTEEAPPEALS
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A. Appeal Of Fine, Suspension Or Revocation: A decision of the department to
impose a fine or to revoke or suspend a license may be appealed to the grievance
committeeHearing Officer. Within ten (10) days from the date of service of the notice of
the decision, an appellant may file notice of appeal with the Department. Such appeal
shall be in writing and shall identify the location subject to the notice. The appellant
must file a written notice of appeal with the department within ten (10) days after service
of the notice of the decision. Failure to file a timely notice of appeal waives any right to
further challenge the department’s decision. The department shall then cause the
matter to be set for hearing before a Hearing Officer appointed by the City to hear such
matters. The Hearing Officer shall be qualified by training, education and/or experience
to conduct the hearing and shall be impartial. Except in his or her capacity as
a Hearing Officer, he or she shall have no personal or business relationship to the
appellant or the City. "File" means delivered to the city manager’s office in the Ukiah
Civic Center at 300 Seminary Ave., Ukiah, California. The filing of a notice of appeal
automatically stays the department’s decision, until the grievance committee has served
its final decision on the appeal. The committee Hearing Officer may reverse, modify or
uphold the department’s decision.
B. Notice Of Hearing: Notice of the date of hearing shall be given in writing.
The date of the hearing shall be no sooner than fifteen (15) days from the date when
notice of the hearing is given to the appellant and to the department. If a notice of
appeal is timely filed, the department shall provide written notice to the appellant of the
date, time, and place of the hearing in the manner specified in subsection 2358A1 of
this article. A hearing may not be conducted less than twenty (20) days after notice is
given to the appellant.
C. Hearing: At the time fixed in the notice, the Hearing Officer shall receive
evidence, including the testimony of all competent persons desiring to testify respecting
the violation at issue and the department’s decision.The grievance committee may
adopt rules governing the conduct of its hearings. Those rules shall include, at least, the
following:
1. The department shall submit evidence at the hearing substantiating its
decision. Such evidence may include testimony, police or other reports of the incident,
witness statements and other documents. Not less than ten (10) days prior to the
scheduled hearing, the department must notify the appellant of the name, address and
phone number of any witness to the violation, and furnish appellan t with a copy of any
document it intends to submit at the hearing. Not less than seven (7) days prior to the
hearing, the appellant may request the department to produce at the hearing any
witness the department intends to rely upon to substantiate the violation. The written
request must name the witness or witnesses who are requested to attend the hearing.
The department may not rely on the testimony of any witness (including such testimony
contained in reports or written witness statements) whose appearance at the hearing is
required by this subsection, if that witness fails to appear.
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2. Not less than ten (10) days prior to the hearing, the appellant must notify the
department in writing of the name, address and phone number of any witness the
appellant intends to call as a witness at the hearing, provide a brief description of the
proposed testimony, and furnish the department with a copy of any document the
appellant intends to offer as evidence at the hearing. The appellant may not call any
witness to testify at the hearing who was not identified as required by this subsection or
offer any document as evidence at the hearing that was not provided to the department
as required by this subsection.
3. At the hearing, the appellant may be represented by an attorney, at appellant’s
expense. Both the department and the appellant shall have the right to examine and
cross examine any witness produced at the hearing. The rules of evidence that normally
apply in court shall not apply in a hearing before the committee, but the grievance
committee shall only consider evidence which would be relied upon by reasonable
people making an important decision, and shall disregard evidence which by its nature
is unreliable or not credible.
4. The entire hearing shall be electronically or stenographically recorded. The
grievance committee shall base its decision exclusively on the evidence presented at
the hearing and shall issue a written decision, which includes a statement of the
relevant facts which the committee finds to be true and explains how the facts support
its decision. For example, if the department finds that the appellant sold cigarettes to a
minor, but this was the first violation committed by the appellant within thirty six (36)
months, the decision would explain that subsection 2358A2a of this article requires a
fourteen (14) day suspension of the appellant’s license to sell tobacco products at the
licensed location, and on that basis the facts support a fourteen (14) day suspension of
the license for that location. The record of the hearing shall be preserved for not less
than six (6) months after the decision is served on the appellant.
D. Hearing Decision: The Hearing Officer’s decision shall be by written order,
which shall contain the findings of the Hearing Officer upon which such determination is
based. The chairperson of the grievance committee shall issue the written decision
required by subsection C4 of this section. Copies of the decision shall be served in
accordance with subsection 2358A1 of this article. The hearing decision shall include
notice of the appellant’s right to seek review of the decision pursuant to California Code
of Civil Procedure sections 1094.5 and 1094.6, including the s tatute of limitations for
seeking review pursuant to section 1094.6.
E. Finality Of The Hearing OfficerGrievance Committee’s Decision: The
decision of the grievance committeeHearing Officer shall be the final decision for the
city of Ukiah.
F. Appeal To Superior Court: Judicial review of the Hearing Officergrievance
committee’s decision shall be governed by the Code of Civil Procedure sections 1094.5
and 1094.6.
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G. Enforcement Of Decision: Unless stayed by a court, any final decision of the
grievance committeeHearing Officer is effective immediately and may be implemented
and enforced by the department.
§2361 ENFORCEMENT
The remedies provided by this article are cumulative and in addition to any other
remedies available at law or in equity.
A. Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this article shall constitute a violation.
B. Violations of this article are hereby declared to be public nuisances.
C. Violations of this article are hereby declared to be unfair business practices
and are presumed to at least nominally damage each and every resident of the
community in which the business operates.
D. A violation of this article constitutes a misdemeanor punishable by a fine of
one thousand dollars ($1,000.00) or by imprisonment in the county jail for six (6)
months, or both.
E. In addition to other remedies provided by this article or by other law, any
violation of this article may be remedied by a civil action brought by the city attorney or
the district attorney, including, for example, administrative or judicial nuisance
abatement proceedings, other legally authorized enforcement proceedings, and suits for
injunctive relief.
SECTION 3
Article 1 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to
read as follows (unchanged text is omitted and is shown by “* * *”):
§4501 LEGISLATIVE FINDING
* * *
E. The purposes of this Chapter are to:
1. Protect the public health and welfare by prohibiting smoking in public places and
places of employment;
2. Guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the
need to breathe smoke-free air shall have priority over the desire to smoke; and
3. Reduce access of persons under eighteen twenty-one (1821) years of age to tobacco
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products by restricting their access to tobacco products.
SECTION 4
Article 3 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to
read as follows (unchanged text is omitted and is shown by “* * *”):
§4503 PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF
EMPLOYMENT
Smoking shall be prohibited in all public places within the city, including the following
places:
A. Elevators.
B. Buses, taxicabs and other means of public transit under authority of the city, and
ticket, boarding and waiting areas of public transit depots.
C. Restrooms.
D. Service lines.
E. Retail stores.
F. All areas available to and customarily used by the general public in all businesses
and nonprofit entities patronized by the public, including but not limited to, attorney
offices and other offices, banks, laundromats, hotels and motels.
G. Restaurants.
H. Public areas of galleries, libraries and museums, when open to the public.
I. Any facility which is primarily used for exhibiting any motion picture, stage, drama,
lecture, musical recital or other similar performance.
J. Sports arenas and convention halls.
K. Every room, chamber, place of meeting or public assembly, includin g school
buildings under the control of any board, council, commission, committee, including joint
committees, or agencies or any political subdivision of the State during such time as a
public meeting is in progress, to the extent such place is subject to the jurisdiction of the
City.
L. Waiting rooms, hallways, wards and rooms of health facilities, including but not
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limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’
offices.
M. Bars
L. Waiting rooms, hallways, wards and rooms of health facilities, including but not
limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’
offices.
SECTION 5
Article 4 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to
read as follows (unchanged text is omitted and is shown by “* * *”):
* * *
§4504.5 TOBACCO VENDING MACHINES
Except as otherwise provided in this Section, no person, business or tobacco retailer
shall locate, install, keep, maintain or use or permit the location, installation, keeping,
maintenance or use on his, her or its premises any tobacco vending machine for the
purpose of selling or distributing any tobacco product. Cigarette vending machines
located in areas from which children individuals under eighteen twenty-one (1821) years
of age are prohibited shall be exempt from this restriction. Any cigarette vending
machine located in such an area must be placed thirty feet (30’) or greater from the
entrance to such an establishment. Any tobacco vending machine in use on the
effective date of this Article shall be removed within thirty (30) days after the effe ctive
date of the amendments to this Chapter.
§4504.7 SALE OF TOBACCO PRODUCTS TO MINORS
A. Any person, business, tobacco retailer or other establishment subject to this Article
shall post plainly visible signs at the point of purchase of tobacco products which state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN TWENTY-
ONE YEARS OF AGE IS PROHIBITED BY LAW, PHOTO ID IS REQUIRED.
The letter of said sign should be at least one -quarter inch (1/4") high.
B. No person, business, tobacco retailer or owner, manager or operator of any
establishment subject to this Article shall sell, offer to sell or permit to be sold any
tobacco product to an individual without requesting and examining identification
establishing the purchaser’s age as eighteen twenty-one (1821) years or greater unless
the seller has some reasonable basis for determining the buyer’s age.
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§4505 AREAS WHERE SMOKING IS NOT REGULATED
A. Notwithstanding any other provision of this Chapter to the contrary, the following
areas shall not be subject to the smoking restrictions of this Chapter:
1. Bars. Bars which are not physically attached to any other business are exempt from
the smoking restrictions contained in this Chapter. Bars that are physically attached to a
building or buildings containing restaurants or other businesses shall not be subject to
smoking restrictions; provided, the following:
a. The bar area is not the principal waiting area for the restaurant;
b. Restaurant patrons do not have to walk through the bar t o gain access into the
restaurant;
c. The bar and the restaurant have separate ventilation systems; and
d. Persons under twenty one (21) years of age are prohibited from the bar area.
21. Private residences, except when used as a child care or health ca re facility. Single
person businesses conducted from private residences shall not be subject to smoking
restrictions.
32. Retail tobacco stores.
4. Restaurants, hotel and motel conference or meeting rooms and public and private
assembly rooms while these places are being used for private functions.
53. Hotel and motel rooms rented to guests, provided that the owners or managers of
the hotel or motel designate at least 70 percent of the guest rooms as smoke free.
64. Patient smoking areas in long-term health care facilities, as defined in Section 1418
of the California Health and Safety Code.Semi-private or private rooms and wards in
hospitals, if all occupants agree.
75. On a stage when smoking is part of the stage production.
B. Notwithstanding any other provision of this Section, any owner, operator manager
or other person who controls any establishment described in this Section may declare
that entire establishment as a nonsmoking establishment, or may designa te certain
rooms as no smoking areas. It shall be unlawful and constitute a violation of this
Chapter for any person to smoke in violation of any policy adopted under this
subsection B; provided, signs declaring the area a "No Smoking Area" are
conspicuously posted in that area as required by Section 4506 of this Chapter.
SECTION 6
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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 April 19, 2023, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, Crane, Dueñas, and Mayor Rodin
None
None
None
NOES:
ABSENT:
ABSTAIN:
Adopted on ___________, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Mari Rodin, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
VARIOUS SECTIONS OF THE UKIAH CITY CODE RELATING TO TOBACCO
RETAILERS AND TOBACCO SMOKING.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1 FINDINGS
1. Four out of five children who use tobacco started with a flavored tobacco
product.
2. According to a Report of the Surgeon General, internal tobacco industry
documents show that the industry uses flavors to reduce the harshness of their products
to make them more appealing to new users, almost all of whom are under the age of 18 .
3. The results of a California Statewide survey among students in 2018 by the
Center for Research and Intervention in Tobacco Control indicate that flavored
electronic smoking products are mainly responsible for a rapid increase in youth and
young adult tobacco use.
4. According to a fact sheet on Menthol and Cigarettes published by the California
Department of Public Health, menthol flavorings are more popular with young smokers
based on a national study finding that 54.5% of high school and 48.4% of middle school
users of tobacco products smoke menthol cigarettes (as compared to 30-35% of
adults).
5. W ithin a statewide survey of high school students in 2017-2018, the Northern
Region of California, which includes the City of Ukiah, has among the highest
prevalence of tobacco use.
6. The results of the California Healthy Kids Survey for 2017-2019, indicate that in
the City of Ukiah, 29% of seventh graders, 33% of ninth graders and 36% of eleventh
graders had tried vaping.
7. California Health and Safety Code § 104559.5 sets a statewide floor prohibiting
certain flavored tobacco product sales by anyone selling tobacco products from a retail
location or vending machine in the state of California. It covers a broad range of
flavored tobacco products, including menthol cigarettes, chewing tobacco, snuff, little
cigars, e-cigarettes, and roll-your-own tobacco, but exempts certain products such as
shisha, loose leaf tobacco, and premium cigars.
8. California Health and Safety Code § 104559.5 does not preempt local action that
goes further in prohibiting the sale of tobacco products.
Attachment 2
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9. It is the intent of the City Council of the City of Ukiah, in enacting this ordinance,
to join numerous other California jurisdictions, which have adopted comprehensive
flavored tobacco bans.
SECTION 2
Article 7 of Division 2, Chapter 2 of the Ukiah City Code is hereby amended to
read as follows:
ARTICLE 7. TOBACCO RETAILERS
§2350 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the
meanings provided in this section unless the context clearly requires otherwise:
APPELLANT: A person who appeals a department decision to the Hearing
Officer.
CHARATERIZING FLAVOR: A distinguishable taste or smell, or both, other than
the taste or smell of tobacco that is distinguishable by an ordinary consumer, imparted
by a tobacco product or any byproduct produced by the tobacco product. Characterizing
flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate,
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, m int, wintergreen,
herb, or spice. A tobacco product shall not be determined to have a characterizing flavor
solely because of the use of additives or flavorings or the provision of ingredient
information. Rather, it is the presence of a distinguishable taste or smell, or both, as
described in the first sentence of this definition, and that is distinguishable by an
ordinary consumer, that constitutes a characterizing flavor.
DEPARTMENT: The city manager and/or the duly authorized designee of the city
manager.
ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS): An electronic device
that can be used to deliver an inhaled dose of nicotine, or other substances, including
any component, part, or accessory of such a device, whether or not sold separately and
includes any such device, whether manufactured, distributed, marketed, or sold as an
electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an
electronic hookah, or any other product name or descriptor
FLAVORED TOBACCO PRODUCT: Any tobacco product that contains a
constituent that imparts a Characterizing Flavor.
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PERSON: Any natural person, firm, partnership, trust, estate, association,
corporation, or organization of any kind. Where a principal acts through an agent, the
word "person" shall include both such principal and agent.
SALE: Any transfer of title or possession for a consideration, exchange or barter,
in any manner or by any means whatever.
TOBACCO PRODUCT:
A. A product containing, made, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not
limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, loose leaf
tobacco, hookah tobacco, shisha, or snuff;
B. Any Electronic Nicotine Device System (ENDS) that can be used to deliver
an inhaled dose of nicotine, or other substances, including any component, part, or
accessory of such a device, whether or not sold separately. Including any such device,
whether manufactured, distributed, marketed, or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any
other product name or descriptor; and
C. Any component, part, or accessory of a tobacco product, whether or not
sold separately.
D. “Tobacco product” does not include a product that has been approved by
the United States Food and Drug Administration for sale as a tobacco cessation product
or for other therapeutic purposes where the product is marketed and sold solely for such
an approved purpose.
TOBACCO PRODUCT FLAVOR ENHANCER: A product designed,
manufactured, produced, marketed, or sold to produce a Characterizing Flavor when
added to a Tobacco Product.
TOBACCO RETAILER: Any person who sells, offers for sale, or does or offers to
exchange for any form of consideration, tobacco or tobacco products. "Tobacco
retailing" shall mean the doing of any of these things. This definition is without regard to
the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered
for exchange.
§2351 LICENSE REQUIREMENTS
A. It shall be unlawful for any person to act as a tobacco retailer without first
obtaining and maintaining a valid tobacco retailer’s license pursuant to this article for
each location at which that activity is to occur. No license may issue to authorize
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tobacco retailing at other than a fixed location. For example, tobacco retailing by
persons on foot and tobacco retailing from vehicles are prohibited.
B. The term of a license is one year from January 1 through December 31
unless earlier suspended, terminated or revoked pursuant to section 2358 of this article.
Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license
no later than thirty (30) days prior to its expiration.
C. Nothing in this article shall be construed to grant any person obtaining and
maintaining a tobacco retailer’s license any status or right other than the right to ac t as a
tobacco retailer at the location in the city of Ukiah identified on the face of the license.
For example, nothing in this article shall be construed to render inapplicable, supersede,
or apply in lieu of any other provision of applicable law, includ ing, without limitation, any
condition or limitation on smoking in enclosed places of employment made applicable to
business establishments by Labor Code section 6404.5.
§2352 APPLICATION PROCEDURE
Application for a tobacco retailer’s license shall be submitted in the name of each
person proposing to conduct retail tobacco sales and shall be signed by each person or
an authorized agent thereof. It is the responsibility of each person to be informed of the
laws affecting the issuance of a tobacco retailer’s license. A license that is issued in
error or on the basis of false or misleading information supplied by a person may be
revoked pursuant to section 2358 of this article. All applications shall be submitted on a
form supplied by the department and shall contain the following information:
A. The name, address, and telephone number of each person.
B. The business name, address, and telephone number of each location for
which a tobacco retailer’s license is sought.
C. The name and mailing address authorized by each person to receive all
license related communications and notices (the "authorized address"). If an authorized
address is not supplied, each person shall be understood to consent to the provision of
notice at the business address specified pursuant to subsection B of this section.
D. Whether or not any person has previously been issued a license pursuant to
this article that is, or was at any time, suspended or revoked and, if so, the dates of the
suspension period or the date of revocation.
E. Such other information as the department deems necessary for the
administration or enforcement of this article.
§2353 ISSUANCE OF LICENSE
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Upon the receipt of an application for a tobacco retailer’s license and the license
fee, the department shall issue a license, unless:
A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a person for
which or whom a suspension is in effect pursuant to section 2358 of this article, o r by a
person which or who has had a license revoked pursuant to section 2358 of this article.
§2354 DISPLAY OF LICENSE
Each license shall be prominently displayed in a publicly visible location at the
licensed premises.
§2355 LICENSE FEE
The fee to issue or to renew a tobacco retailer’s license shall be established by
resolution of the City Council from time to time. The fee shall be calculated so as to
recover the cost of administration and enforcement of this Article, including, for
example, issuing a license, administering the license program, retailer education,
retailer inspection and compliance checks, documentation of violations, and
enforcement, but shall not exceed the cost of the regulatory program authorized by this
Article. Annual fees shall not be pro-rated or refunded during the course of the year.
The City may charge a re-inspection fee to offset the additional staff time required to
handle non-compliant businesses. Additional inspections thereafter will be billed based
on actual costs incurred.
§2356 LICENSES NOT TRANSFERABLE
A tobacco retailer’s license is not transferable. If the information required in the
license application pursuant to subsection 2352A, B or C of this article changes, the
tobacco retailer must notify the department within fourteen (14) days, and update all
information on the license application form in order to continue to act as a tobacco
retailer. For example, if a tobacco retailer to whom a license has been issued changes
business location, that tobacco retailer must supply updated license information within
fourteen (14) days of acting as a tobacco retailer at the new location. If a business is
sold, the new owner must apply for a license for that location before acting as a tobacco
retailer. The current licensee shall notify the department of the sale of the tobacco
retailing business.
§2357 LICENSE VIOLATION
A. Violation Of Tobacco Related Laws: It shall be a violation of a tobacco
retailer’s license for a person or his or her agent or employee to violate any local, state,
or federal tobacco related law.
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B. It is a violation of a tobacco retailer’s license for a person or his or her agent
or employee to sell or offer for sale any Flavored Tobacco Product or Tobacco Product
Flavor Enhancer. There is a rebuttable presumption that a tobacco product is a
Flavored Tobacco Product if a manufacturer or its agents or employees has made a
public statement or claim that the tobacco product has or produces a Characterizing
Flavor, including, but not limited to, text, color, or images on the product’s labeling or
packaging that are used to expressly or impliedly communicate that a tobacco product
has a Characterizing Flavor.
C. License Compliance Monitoring: The Department, Code Enforcement
Officer, or other person designated to enforce the provisions of this Article shall have
the power and authority to enter any tobacco retailer during regular business hours to
inspect the premises and determine compliance with the provisions of this Article. The
City’s Code Enforcement Officer shall conduct onsite compliance checks at least once
annually. The City shall not enforce any tobacco related minimum age law against a
person who otherwise would be in violation of such law because of the person’s age
(hereinafter "youth decoy") if the violation occurs when:
1. The youth decoy is participating in a compliance check supervised by a law
enforcement official, a code enforcement official, or any peace officer; or
2. The youth decoy is participating in a compliance check funded or supervised in
part by the county of Mendocino or, funded or supervised in any part by the California
department of health services.
§2358 SUSPENSION, TERMINATION OR REVOCATION OF LICENSE
A. Violation: In addition to any other penalty authorized by law, such as
possible imposition of administrative fines pursuant to section 2359 of this Article, a
tobacco retailer’s license may be suspended or revoked if the department determines
that the person or his or her agents or employees have violated the requirements of this
article or other conditions of the license imposed pursuant to section 2357 of this article.
A person who loses his license for one location does not lose it for all locations, if those
locations are in compliance with this article, and may renew licenses for other
conforming locations. A person cannot obtain a new license for a new location so long
as there is a suspension in effect for any location.
1. Notice Required: The licensee shall be served with written notice of all
determinations or decisions under this section affecting his or her license. Notice shall
be served by personal service, overnight courier, certified mail, return receipt requested ,
or U.S. mail with first class postage affixed. The notice shall be sent to the authorized
address. All notices shall be deemed served, when received, except for notices sent by
first class mail which shall be deemed served two (2) days after deposit in the U.S. mail
if addressed to a location within Mendocino County and five (5) days if addressed to a
location outside Mendocino County. The notice shall describe the legal and factual
basis for the decision. A decision imposing a fine shall specify the amount of the fine. A
decision to suspend or revoke a license shall specify the beginning and ending dates of
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the suspension or the effective date of the revocation. No decision shall become
effective in less than ten (10) days from the date of service.
2. Duration Of Suspensions:
a. Upon a finding by the department of a first license violation within any thirty six
(36) month period, the license shall be suspended for fourteen (14) days. However, if
the violation in question is for sale of tobacco products to persons under the age of
twenty-one (21), prior to imposing the suspension, the department shall by letter (an
"advice letter") advise the person that if person trains all sales employees at the location
of the sale in the laws pertaining to the sale of tobacco products to persons under the
age of twenty-one (21) and techniques to ensure future compliance with said laws, the
suspension will not go into effect. Within thirty (30) days of the issuance of the advice
letter, the person must file with the department an affidavit signed by the person and the
sales employees that said training has been completed. If the person fails to timely
submit the affidavit, the department shall notify the person that the permit is suspended
for fourteen (14) days.
b. Upon a finding by the department of a second license violation within any thirty
six (36) month period, the license shall be suspended for twenty one (21) days.
c. Upon a finding by the department of a third license violation within any thirty
six month (36) period, the license shall be suspended for thirty (30) days.
d. Upon a finding by the department of a fourth license violation within any thirty
six (36) month period, the license shall be revoked and the person or persons who had
been issued the license shall not be issued a tobacco retailer’s license pursuant to this
article for a period of three (3) years from the date of revocation.
B. Failure To Pay Renewal Fees: A tobacco retailer’s license which is not
timely renewed pursuant to subsection 2352B of this article is an expired license. The
tobacco retailer shall not engage in tobacco retailing at the licensed location until a new
license has been issued for that location.
C. License Issued In Error: A tobacco retailer’s license shall be revoked if the
department determines that one or more of the bases for denial of a license under
section 2353 of this article existed at the time application was made or at any time
before the license issued. The revocation shall be without prejudice to the filin g of a new
application for a license.
D. Removal Of All Tobacco Products From Public View: A tobacco retailer
whose license is suspended must remove from public view all tobacco products and
tobacco advertising for the duration of the suspension. Failure to remove such items
from view will be regarded as a violation of this article equivalent to that of selling to
persons under the age of twenty-one (21) or selling or offering for sale any Flavored
Tobacco Product or Tobacco Product Flavor Enhancer.
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E. License Obtained Under False Pretenses: Tobacco retailers whose license
is obtained under false pretenses shall have that license revoked. A licensee whose
license is revoked pursuant to this subsection may not apply for a new license for a
period of one year from the date the license is revoked.
§2359 ADMINISTRATIVE FINE
A. Grounds For Fine: If the department determines that any person, including a
person named on a revoked or suspended license, has engaged in tobacco retailing in
violation of this article, the department shall fine that person as follows:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation in any
thirty six (36) month period; or
2. A fine not exceeding two hundred dollars ($200.00) for a second violati on in
any thirty six (36) month period; or
3. A fine not exceeding five hundred dollars ($500.00) for a third or subsequent
violation in any thirty six (36) month period.
Each day that such a person engages in tobacco retailing shall constitute a
separate violation.
B. Imposition Of Fine: If no request for a hearing is timely received in
accordance with section 2360 of this article, the department’s determination on the
violation and the imposition of a fine shall be final and payment shall be made within
thirty (30) days after notice of the fine was served in accordance with subsection
2358A1 of this article. If the fine is not paid within that time, the fine may be collected,
along with interest at the legal rate, in any manner provided by law. In the event that a
judicial action is necessary to compel payment of the fine and accumulated interest, the
person or persons subject to the fine shall also be liable for the costs of the suit and
attorney fees incurred by the city in collecting the fine.
§2360 APPEALS
A. Appeal Of Fine, Suspension Or Revocation: A decision of the department to
impose a fine or to revoke or suspend a license may be appealed to the Hearing Officer.
Within ten (10) days from the date of service of the notice of the decision, an appellant
may file notice of appeal with the Department. Such appeal shall be in writing and shall
identify the location subject to the notice. Failure to file a timely notice of appeal waives
any right to further challenge the department’s de cision. The department shall then
cause the matter to be set for hearing before a Hearing Officer appointed by the City
to hear such matters. The Hearing Officer shall be qualified by training, education
and/or experience to conduct the hearing and shall be impartial. Except in his or her
capacity as a Hearing Officer, he or she shall have no personal or business relationship
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to the appellant or the City. The Hearing Officer may reverse, modify or uphold the
department’s decision.
B. Notice Of Hearing: Notice of the date of hearing shall be given in writing.
The date of the hearing shall be no sooner than fifteen (15) days from the date when
notice of the hearing is given to the appellant and to the department.
C. Hearing: At the time fixed in the notice, the Hearing Officer shall receive
evidence, including the testimony of all competent persons desiring to testify respecting
the violation at issue and the department’s decision.
D. Hearing Decision: The Hearing Officer’s decision shall be by written order,
which shall contain the findings of the Hearing Officer upon which such determination is
based. The hearing decision shall include notice of the appellant’s right to seek review
of the decision pursuant to California Code of Civil Procedure sections 1094.5 and
1094.6, including the statute of limitations for seeking review pursuant to section
1094.6.
E. Finality Of The Hearing Officer’s Decision: The decision of the Hearing
Officer shall be the final decision for the city of Ukiah.
F. Appeal To Superior Court: Judicial review of the Hearing Officer’s decision
shall be governed by the Code of Civil Procedure sections 1094.5 and 1094.6.
G. Enforcement Of Decision: Unless stayed by a court, any final decision of the
Hearing Officer is effective immediately and may be implemented and enforced by the
department.
§2361 ENFORCEMENT
The remedies provided by this article are cumulative and in addition to any other
remedies available at law or in equity.
A. Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this article shall constitute a violation.
B. Violations of this article are hereby declared to be public nuisances.
C. Violations of this article are hereby declared to be unfair business practices
and are presumed to at least nominally damage each and every resident of the
community in which the business operates.
D. A violation of this article constitutes a misdemeanor punishable by a fine of
one thousand dollars ($1,000.00) or by im prisonment in the county jail for six (6)
months, or both.
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E. In addition to other remedies provided by this article or by other law, any
violation of this article may be remedied by a civil action brought by the city attorney or
the district attorney, including, for example, administrative or judicial nuisance
abatement proceedings, other legally authorized enforcement proceedings, and suits for
injunctive relief.
SECTION 3
Article 1 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to
read as follows (unchanged text is omitted and is shown by “* * *”):
§4501 LEGISLATIVE FINDING
* * *
E. The purposes of this Chapter are to:
1. Protect the public health and welfare by prohibiting smoking in public places and
places of employment;
2. Guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the
need to breathe smoke-free air shall have priority over the desire to smoke; and
3. Reduce access of persons under twenty-one (21) years of age to tobacco products
by restricting their access to tobacco products.
SECTION 4
Article 3 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to
read as follows (unchanged text is omitted and is shown by “* * *”):
§4503 PROHIBITION OF SMOKING IN ENCLOSED PLACES AND IN PLACES OF
EMPLOYMENT
Smoking shall be prohibited in all public places within the city, including the following
places:
A. Elevators.
B. Buses, taxicabs and other means of public transit under authority of the city, and
ticket, boarding and waiting areas of public transit depots.
C. Restrooms.
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D. Service lines.
E. Retail stores.
F. All areas available to and customarily used by the general public in all businesses
and nonprofit entities patronized by the public, including but not limited to, attorney
offices and other offices, banks, laundromats, hotels and motels.
G. Restaurants.
H. Public areas of galleries, libraries and museums, when open to the public.
I. Any facility which is primarily used for exhibiting any motion picture, stage, drama,
lecture, musical recital or other similar performance.
J. Sports arenas and convention halls.
K. Every room, chamber, place of meeting or public assembly, including school
buildings under the control of any board, council, commission, committee, including joint
committees, or agencies or any political subdivision of the State during such time as a
public meeting is in progress, to the extent such place is subject to the jurisdiction of the
City.
L. Waiting rooms, hallways, wards and rooms of health facilities, including but not
limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’
offices.
M. Bars
L. Waiting rooms, hallways, wards and rooms of health facilities, including but not
limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’
offices.
SECTION 5
Article 4 of Division 5, Chapter 7 of the Ukiah City Code is hereby amended to
read as follows (unchanged text is omitted and is shown by “* * *”):
* * *
§4504.5 TOBACCO VENDING MACHINES
Except as otherwise provided in this Section, no person, business or tobacco retailer
shall locate, install, keep, maintain or use or permit the location, installation, keeping,
maintenance or use on his, her or its premises any tobacco vending machine for the
purpose of selling or distributing any tobacco product. Cigarette vending machines
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located in areas from which individuals under twenty-one (21) years of age are
prohibited shall be exempt from this restriction. Any cigarette vending machine located
in such an area must be placed thirty feet (30’) or greater from the entrance to such an
establishment. Any tobacco vending machine in use on the effective date of this Article
shall be removed within thirty (30) days after the effective date of the amendme nts to
this Chapter.
§4504.7 SALE OF TOBACCO PRODUCTS TO MINORS
A. Any person, business, tobacco retailer or other establishment subject to this Article
shall post plainly visible signs at the point of purchase of tobacco products which state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER TWENTY-ONE YEARS
OF AGE IS PROHIBITED BY LAW, PHOTO ID IS REQUIRED.
The letter of said sign should be at least one -quarter inch (1/4") high.
B. No person, business, tobacco retailer or owner, manager or operator of any
establishment subject to this Article shall sell, offer to sell or permit to be sold any
tobacco product to an individual without requesting and examining identification
establishing the purchaser’s age as twenty-one (21) years or greater unless the seller
has some reasonable basis for determining the buyer’s age.
§4505 AREAS WHERE SMOKING IS NOT REGULATED
A. Notwithstanding any other provision of this Chapter to the contrary, the following
areas shall not be subject to the smoking restrictions of this Chapter:
1. Private residences, except when used as a child care or health care facility. Single
person businesses conducted from private residences shall not be subject to smoking
restrictions.
2. Retail tobacco stores.
3. Hotel and motel rooms rented to guests, provided that the owners or managers of the
hotel or motel designate at least 70 percent of the guest rooms as smoke free.
4. Patient smoking areas in long-term health care facilities, as defined in Section 1418
of the California Health and Safety Code..
5. On a stage when smoking is part of the stage production.
B. Notwithstanding any other provision of this Section, any owner, operator manager
or other person who controls any establishment described in this Section may declare
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that entire establishment as a nonsmoking establishment, or may designate certain
rooms as no smoking areas. It shall be unlawful and constitute a violation of this
Chapter for any person to smoke in violation of any policy adopted under this
subsection B; provided, signs declaring the area a "No Smoking Area" are
conspicuously posted in that area as required by Section 4506 of this Chapter.
SECTION 6
1.SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phra se 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 April 19, 2023, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, Crane, Dueñas, and Mayor Rodin
None
None
None
NOES:
ABSENT:
ABSTAIN:
Adopted on ___________, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Mari Rodin, Mayor
Page 140 of 161
14
ATTEST:
__________________________________________
Kristine Lawler, City Clerk
Page 141 of 161
Page 1 of 1
Agenda Item No: 13.b.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2635
AGENDA SUMMARY REPORT
SUBJECT: Receive and File Third Quarter 2022-23 Financial Report.
DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director
PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:
None
Summary: The City Council will receive a report on the fiscal year 2022-23 third quarter financial report for the
City of Ukiah.
Background: The report provides readers with a summary of the City's financial position and activities
through the fiscal year period ending March 31, 2023.
Discussion: The following link will direct readers to the report on the City's OpenGov platform, which is a
dynamic and navigable presentation allowing readers to drill down into data to explore more detail than the
former report offered.
Quarterly Financial Report, Q3 2023 (https://stories.opengov.com/ukiahca/published/FD9W6On0o)
The report is meant to be viewed through the OpenGov platform via a web browser, preferably Google
Chrome.
Recommended Action: Receive and file report.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Page 142 of 161
Page 1 of 2
Agenda Item No: 13.c.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2506
AGENDA SUMMARY REPORT
SUBJECT: Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2022-23, and
Review of Draft Objectives for Fiscal Year 2023-24.
DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable
PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:
1. CIP -5 year-FYE 2024 - Draft - FinanceIT - 4-3-23
Summary: Council will continue to receive and consider a mid-year budget review and planning agenda for
select departments.
Background: As part of the mid-year review of the current budget year and development of the budget for
next year, each City department scheduled for presentation will present their individual budget information
through December 31, 2022, progress on stated budget objectives for the current year, and plans for the next
fiscal year and beyond. Every department has been scheduled and will present over the course of March and
April.
Discussion: The department presenting at this meeting is Finance.
*Note: Chrome is the required browser to view the Mid-Year Review 2022-23 stories in Open.Gov, as Internet
Explorer is not compatible.
Mid-year Review of 2022-23 Department Objectives and Accomplishments and Review of Draft 2023-24
Department Objectives (Note- This is an active draft document and departments will continue to make minor
revisions): https://stories.opengov.com/ukiahca/published/0gqlargKvSP
The department and division report contains the following sections:
• Department purpose and basic description
• Services provided
• Personnel information
• Objectives and accomplishments:
• For purposes of this report, current and proposed objectives for the coming year are included
• Objectives are delineated by near, intermediate, and long-term
• Individual objectives are assigned a unique identifier presented by year initiated and order of
sequence for the year (e.g. an objective that is first identified in fiscal year 2021 and is the first
objective identified by the department in that year would be assigned 2021-1, the next in the
same year would be 2021-2, etc.)
• Department comments have been updated where appropriate and convey the current status
of each objective.
• Budget to actual information related to expenditures, compared to the same six-month period for the
prior two years.
Page 143 of 161
Page 2 of 2
Recommended Action: Council to receive, review, consider, and discuss updates on current stated
objectives, and will review preliminary draft departmental objectives for the fiscal year 2023-24.
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
Page 144 of 161
FIVE YEAR CAPITAL IMPROVEMENT PLAN*
PREP FOR 23/24 FISCAL YEAR
FINANCE/IT ONLY
Our current AT&T Internet gateway provides service to all of the City of Ukiah
departments for Internet access, as well as Public Safety access to law
enforcement websites and other important services. If service fails, we do
not have a failover scenario in place. A failover scenario would involve an
additional Internet Gateway with a different Internet service provider (ISP).
If one ISP fails, the gateway would failover to the alternate one available.
This would ensure service availability, virtually 100% of the time.
Additional Comments:Moved from FYE 21 due to COVID‐19. Reduced FYE
22 amount from $166,800, and FYE 23 from $48,400. This is contingent on
our Cloud Data and Server Migration in 21/22, which will determine
necessary bandwidth for our current gateway. Moved from FYE 23.
These switches connect the City's computers, phones, printers, and Wi‐Fi
units into the core infrastructure. The switches allow these devices to
connect to the Internet and internal servers. They will be End‐Of‐Life and will
no longer be supported by the manufacturer.
Additional Comments:Some switches are already acquired and will be
installed 22/23.
These switches are the center core of our network infrastructure. They serve
as data conduits for all City of Ukiah operations. They will be end‐of‐life,as
warranty and support runs out during this time‐frame.
Additional Comments:
Full City broadband connectivity expected by the end of the fiscal year 2023.
Additional Comments:Contract awarded to Magellan in December 2022 for
the implementation of the "Digital Infrastructure Design and Implementation
Plan" in the amount of up to $252,339.
End of Life Routers at all City sites need to be replaced, as these constitute
security breaches from old firmware, etc. Also, support is not available in
case of outages.
Additional Comments:
X
Redundant
Internet Gateway
(Fall‐over Load
Balancer)
20
9
1
3
9
0
0
.
8
0
1
0
0
17
0
4
6
N/
A
30
0
S
e
m
i
n
a
r
y
A
v
e
.
On
g
o
i
n
g
In
t
e
r
n
a
l
S
e
r
v
i
c
e
Ye
s 24,200$ 24,200$ $ 24,200
Bu
d
g
e
t
A
d
o
p
t
e
d
Costs to date
Sh
o
v
e
l
R
e
a
d
y
Or
g
/
O
b
j
INFORMATION TECHNOLOGY
Totals
Ci
t
y
C
o
u
n
c
i
l
S
t
a
t
u
s
FINANCE DEPARTMENT
22/23 23/24 24/25 25/26 26/27 27/28
Pr
o
j
e
c
t
S
t
a
t
u
s
Fu
n
d
i
n
g
S
o
u
r
c
e
Fu
n
d
i
n
g
I
d
e
n
t
i
f
i
e
d
Pr
o
j
e
c
t
#
Al
l
o
c
a
t
i
o
n
t
o
M
u
l
t
i
‐
f
u
n
d
s
Pr
o
j
e
c
t
L
o
c
a
t
i
o
n
Project Name Project Description
Network Routers
for All City Sites
20
9
1
3
9
0
0
.
5
4
3
3
0
18
3
2
8
N/
A
30
0
S
e
m
i
n
a
r
y
Ne
w
In
t
e
r
n
a
l
S
e
r
v
i
c
e
Ye
s 20,000$ $ 20,000
Bu
d
g
e
t
A
d
o
p
t
e
d
X
$ 252,339
Bu
d
g
e
t
A
d
o
p
t
e
d
Broadband for All
City Sites
20
9
1
3
9
0
0
.
8
0
2
3
0
18
3
9
1
N/
A
30
0
S
e
m
i
n
a
r
y
In
P
r
o
g
r
e
s
s
Gr
a
n
t
Ye
s X
Cisco Nexus Switch
EOL Replacement
20
9
1
3
9
0
0
.
8
0
1
0
0
TB
D
N/
A
30
0
S
e
m
i
n
a
r
y
A
v
e
.
Ne
w
In
t
e
r
n
a
l
S
e
r
v
i
c
e
Ye
s 110,000$ $ 110,000
Re
v
i
e
w
e
d
X
252,339$
Cisco Access
Switch EOL
Replacement
20
9
1
3
9
0
0
.
8
0
1
0
0
18
1
0
0
N/
A
30
0
S
e
m
i
n
a
r
y
A
v
e
.
Ne
w
In
t
e
r
n
a
l
S
e
r
v
i
c
e
Ye
s X90,000$ 90,000$ $ 180,000
Bu
d
g
e
t
A
d
o
p
t
e
d
*Refer to last page of this document for definition of terms used.PAGE 1
Attachment 3
Page 145 of 161
FIVE YEAR CAPITAL IMPROVEMENT PLAN*
PREP FOR 23/24 FISCAL YEAR
FINANCE/IT ONLY
This will provide a broadband wireless communication network for our Police
Department across the Ukiah Valley, as well as provide Wi‐fi access for other
departments and divisions. Site surveys will be required to establish back‐
haul points which will accommodate multi‐point wireless antennas. A pilot
site will begin Phase I, to establish the first back‐haul point for testing
purposes. Phase II will establish the installation of additional multi‐point
wireless antennas, followed by the Wi‐Fi implementation that will
supplement other City department projects.
Additional Comments:Prioritization and funding source(s) under review.
Need to explore grant funding. Department estimate/request is not known at
this time. Phase I will be started on FY 23/24 and Phase II will be started on
FY 24/25 as funding is acquired.
‐$ 386,539$ 114,200$ 110,000$ ‐$ ‐$ ‐$ 586,539$
Current vehicle approaching the end of it's useful life.
Additional Comments:Moved from FYE 23 to allow for more EV options;
Electric vehicle.
Vehicle needed for Information Technology staff. Will explore EV options.
Additional Comments:
‐$ ‐$ 65,000$ ‐$ ‐$ ‐$ ‐$ 65,000$
Project Name
Project Description
Org/Object
Project Number
Allocation to Multi‐
funds
Project Status
Funding Source
Funding Identified
Funding Source Add'l
Comments
Costs to date
Estimated Costs per
Fiscal Year
Totals
Comments
City Council Status
Shovel Ready Project is ready to be sent out to bid.
To further explain, as necessary, the funding type used selected.
Costs spent on the project.
Costs estimated to be spent in each of the fiscal years.
The sum of the five year estimate for each project.
Additional information as needed.
"Not Reviewed"‐ First time that Council has been presented the project; "Reviewed" ‐ Council has been presented the project during an agendized meeting; "Explore" ‐ Council has reviewed and has asked staff to further explore; "Reviewed and Supported" ‐
Council has reviewed and supports the placement of the project on the CIP Plan; "Budget Adopted" ‐ Council has approved the project through the Council action that takes place through either the full budget adoption process, or through a specific agendized item
brought to Council.
The number assigned to track all expenses related to the project.
Indicates if the cost of the proposed cost is shared. In this case, here it will state what other funds are sharing the cost.
This indicates whether the project is "NEW", "IN PROGRESS", "ONGOING", "DEFERRED", or "COMPLETED".
The Fund the actual expense will come out of.
"Yes" indicating funding has been identified and will be available, "No" indicating funding has not yet been identified and is unavailable.
The proposed account code where the expense will be accounted for.
Pr
o
j
e
c
t
#
Totals
Ci
t
y
C
o
u
n
c
i
l
S
t
a
t
u
s
Definition of terms used:
Truck ‐ Utility
Service Attendant
SUB‐TOTAL:
Fu
n
d
i
n
g
S
o
u
r
c
e
Fu
n
d
i
n
g
I
d
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n
t
i
f
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d
Costs to date
Al
l
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c
a
t
i
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n
t
o
M
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l
t
i
‐
f
u
n
d
s
Pr
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L
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c
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t
i
o
n
Pr
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c
t
S
t
a
t
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s
Project Name Project Description
Or
g
/
O
b
j
20
5
1
3
3
0
0
.
8
0
1
0
TB
D
N/
A
30
0
S
e
m
i
n
a
r
y
Ne
w
TB
D
No
The name of the project.
Provides a description and additional narrative to assist in the understanding of the need and value of the proposed project.
Ne
w
TB
D
No
35,000$
Re
v
i
e
w
e
d
X $ 35,000
22/23 23/24 24/25 25/26 26/27 27/28
FINANCE DEPARTMENT
Sh
o
v
e
l
R
e
a
d
y
VEHICLES, MACHINERY & EQUIPMENT
SUB‐TOTAL:
Vehicle for
Information
Technology
20
9
1
3
9
0
0
.
8
0
1
0
0
TB
D
N/
A
30
0
S
e
m
i
n
a
r
y
Ne
w
TB
D
No 30,000$ $ 30,000
No
t
R
e
v
i
e
w
e
d
X
$ ‐
Re
v
i
e
w
e
d
Wireless Mesh
20
9
1
3
9
0
0
.
5
4
3
3
0
18
3
2
9
N/
A
30
0
S
e
m
i
n
a
r
y
A
v
e
.
*Refer to last page of this document for definition of terms used.PAGE 2
Page 146 of 161
Page 1 of 3
Agenda Item No: 14.a.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2618
AGENDA SUMMARY REPORT
SUBJECT: Council to Consider Approval of a Garbage Collection Service Rate for a Ten-Gallon Reduced Use
of a Twenty-Gallon Container in the Amount of $20.95, for Rate Payers who Qualify for the Service; and
Authorization for the City Manager to Negotiate and Execute an Agreement Approving the Modified Service
and Rate with Ukiah Waste Solutions, Inc.
DEPARTMENT: Public Works PREPARED BY: Maya Simerson, Project & Grant Administrator,
Trevor Mockel, Administrative Analyst
PRESENTER: Tim Eriksen, Public Works Director/City Engineer
ATTACHMENTS:
1. Reduced Rate Application
2. Agreement Approving Modified Service and Rate
Summary: Council will consider a reduced rate for garbage collection service for qualified customers, using a
twenty-gallon container limited to ten-gallons of solid waste, and an agreement with Ukiah Waste Solutions,
Inc. approving and establishing a rate for this modified service.
Background: The proposal is based on the rationale that customers who deposit less solid waste in the grey
containers are being more selective and are depositing more material in the blue and green containers to keep
this material out of the landfill. And some customers make exceptional efforts to reduce and reuse material
that comes into their home. To qualify for this new rate, a customer must demonstrate, through an application
process, what methods they are using to reduce waste and describe the purchasing practices they use to
reduce the amount of waste that cannot be recycled.
The proposed ten-gallon rate provides further rate flexibility for a customer who can demonstrate efforts or
circumstances that reduce the amount of solid waste deposited weekly in the grey container for transfer
station disposal, and who is willing to make additional efforts to divert material into the blue container for
recycling and the green container for composting, as compared to the average customer. Generally, this rate
will not be appropriate for a household of three or more individuals. It should be noted that the reduced rate of
$20.95 includes the combined three totes service for the disposal and diversion of solid waste in the grey
totes, recyclables in the blue totes, and mixed organic waste in the green totes. Additionally, the reduced rate
option aligns with the City’s Climate Initiative 3.a Solid Waste, to continue to lead the way in solid waste
diversions.
Discussion: The proposal for reduced rate ten-gallon curbside service is based on the rationale that
customers who deposit less solid waste in the grey container should be incentivized to continue doing so. The
differences in the rates for the thirty-two-gallon, twenty-gallon, and ten-gallon grey container options reflect the
cost savings resulting from the difference in the volume of solid waste deposited in the grey container for
disposal at the transfer station.
It is important to note that the selection of the proper size container for household needs is crucial to avoiding
contamination of the blue and green containers, which can lead to significant additional system costs that
would affect all customers’ rates. Rates for curbside garbage, recycling, and organic waste collection service
are offered by the City's contractor, Ukiah Waste Solutions, and are set in accordance with Proposition 218
Page 147 of 161
Page 2 of 3
(Article 13, D, Section 6 of the California Constitution) that applies to property-related fees. Under Proposition
218 (Cal. Const., Art. 13, Section 6(b)(3)), a property-related assessment cannot be more, or less than, the
customer's proportionate share of the cost of the benefit/service.
Applications for this ten-gallon reduced garbage collection curbside service will be reviewed by the Public
Works Director who will determine an applicant’s eligibility. An applicant for ten-gallon service will be notified
within ten days from the date a complete application is submitted if it is approved or denied. The proposed
application and review sheet can be found as Attachment #1.
The new rate option supports Ukiah’s General Plan Elements PFS-3, 3.1 and 3.2 to ensure adequate solid
waste, recycling, and composting services and maximize waste diversion from landfills.
The ten-gallon reduced rate collection service will be withdrawn for a minimum of two years if a customer
overfills the container provided for ten-gallon service and/ or there are any occurrences of trash placed in the
customer's recycling or organics containers. Because a ten-gallon container is not available, customers
qualified for the reduced garbage rate will be using a twenty-gallon grey container and be will be responsible
for complying with the restricted ten-gallon fill use. Compliance checks will be performed on a regular basis as
part of the newly implemented compliance check required in accordance with Senate Bill1383.
City Staff has worked with the garbage service provider to analyze and establish the $20.95 rate in keeping
with Proposition 218 and the fees charged for similar residential curbside collection service and to develop an
application process that ensures appropriate utilization/eligibility of the service. The City and the curbside
collection franchise holder are prepared to implement the new rate and service within a reasonable period of
time.
Staff recommends that Council approve the new ten-gallon rate for reduced garbage collection service in the
amount of $20.95, and approve and authorize the City Manager to sign the Agreement Approving Modified
Service and Rate (Attachment #2).
A rate hearing under Proposition 218 is not required, because it only requires rate hearings for imposing a new
fee covered by the proposition or increasing an existing fee. The proposed fee reduces the fee charged for
use of a twenty-gallon container for customers who qualify for the reduced rate.
Recommended Action: Approval of reduced rate of $20.95 a month for the three-tote service, depositing no
more than ten-gallons of solid waste in a twenty-gallon grey container, and authorizing the City Manager to
negotiate and execute the Agreement Approving Modified Service and Approved Rate with Ukiah Waste
Solutions, Inc.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2012-058
COORDINATED WITH: Dan Buffalo, Finance Director, David Rapport, City Attorney, Sage Sangiacomo, City
Manager, and Bruce McCracken, District Manager C&S Waste Solutions, DBA; Ukiah Waste Solutions, Inc.
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI): 3.a Solid Waste
GENERAL PLAN ELEMENTS (GP): GP-A5 - Environment and Sustainability Element
Page 148 of 161
Page 3 of 3
Page 149 of 161
Contact: Public Works Department, Seth Strader
Department Analyst sstrader@cityofukiah.com 707-467-5719
300 Seminary Avenue • Ukiah • CA • 95482-5400
Reduced Rate Collection Service Application
Ten-Gallon
We understand that you are trying to reduce the quantity of trash that you bring into and produce in
your home and that you may qualify to receive the reduced ten-gallon trash service level. The reduced
service collection allows you to dispose of the reduced quantities of trash materials your home may still
produce.
Please take a few moments to answer the questions listed below that apply to your method of reducing
trash. When complete, please return this form to the City of Ukiah, Attention: Public Works Department.
(Address at bottom of last page.)
Name: _______________________________________________________________________________
Address: _____________________________________________________________________________
Email: _______________________________________________________________________________
Do you Compost at Your Home? YES____NO____
Number of Individuals in Household*____
*Generally, not appropriate for a household of three or more individuals.
Sections 1 & 2 have additional space on page three if needed.
Section 1
What are you currently doing to reduce waste?
Please list at least five activities, if possible:
1.______________________________________________________________________________
2.______________________________________________________________________________
3.______________________________________________________________________________
4.______________________________________________________________________________
5.______________________________________________________________________________
Section 2
Please describe your consumer purchasing habits that reduce waste.
Please list at least three practices, if possible:
1.________________________________________________________________________________
_________________________________________________________________________________
2.________________________________________________________________________________
_________________________________________________________________________________
3.________________________________________________________________________________
_________________________________________________________________________________
Attachment #1
Page 150 of 161
Contact: Public Works Department, Seth Strader
Department Analyst sstrader@cityofukiah.com 707-467-5719
300 Seminary Avenue • Ukiah • CA • 95482-5400
Please provide the following:
I estimate that, each week, I place acceptable material into the curbside totes that fills the
space equal to the following number of gallons:
Grey Tote_____gallons Blue Tote____gallons Green Tote____gallons
Applications will be reviewed by the Publics Works Department and the Director will determine
your eligibility. You will be notified in ten days if you are approved or not.
Advisory: The ten-gallon reduced collection service will be withdrawn for a minimum of two
years if your residence has any overages and/ or any occurrences of trash placed in your
recycling or mixed organics totes.
I confirm that to the best of my knowledge and belief that the information I have provided to
the City of Ukiah on this application to apply for the reduced ten-gallon rate is true and correct.
Resident signature________________________ Print Name_____________________________
Office Use: Account#_____________________ Approved____ Not Approved____
Date______________
When complete, please return form to the City of Ukiah. Attention: Public Works Department
Note: Reduced Service level rate will not be effective until at least one billing cycle after
approval date.
Page 151 of 161
Contact: Public Works Department, Seth Strader
Department Analyst sstrader@cityofukiah.com 707-467-5719
300 Seminary Avenue • Ukiah • CA • 95482-5400
Additional Comments-Section 1
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Additional Comments-Section 2
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Page 152 of 161
Possible Score Max
Do you compost at Home?Yes 10 10
No 0
Number in household 1 person 10 10
10 points possible 2 people 5
3 people 0
What are you currently doing to reduce waste?
50 points possible 10
10
10
10
10 50
Please describe your consumer purchasing habits.
30 points possible 10
10
10 30
Approve = 75 points and over 0 100
Deny = 74 points and under
Approve □
Deny □
Public Works Director:_________________Date:_____________
Tim Eriksen
Scoring Sheet for Reduced Rate Collection Service Application
The scorer should give weight to the desirable concepts of REDUCE, REUSE, RECYCLE in
that order of merit in assigning scores below.
Applicant:_________________
Date Applied:______________
Page 153 of 161
AGREEMENT APPROVING MODIFIED SERVICE AND RATE
This agreement authorizing a modified curbside waste collection service and
the rate therefor is entered in Ukiah, California, on __________, 2023 (“Effective
Date”) between Ukiah Waste Solutions (“UWS”), Inc., a California corporation
and the City of Ukia h (“City”), a general law municipal corporation. UWS and
City may be referred to hereafter collectively as “Parties” and individually as a
“Party.”
RECITALS:
1. On December 20, 2017, the Parties entered a Second Amended and
Restated Waste Collection Agreement (“Waste Collection Agreement”) and
established rates for such service.
2. Under Section 5.17 of the Waste Collection Agreement, UWS must
provide additional or modified services upon request of the City subject to a
written agreement agreeing to pro vide the service and establishing a reasonable
rate for that service.
3. The City has requested UWS to provide 20-gallon Containers to qualified
customers who qualify for a reduced rate by depositing no more than 10 gallons of
Solid Waste in the Container and not depositing therein any Mixed Organic Waste
or Recyclables or other prohibited materials, such as, but not limited to, Hazardous
Waste and by depositing only Recyclables in the Blue Container and Mixed
Organic Waste in the Green Container. (“10 Gallon Service”).
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants hereinafter set forth and other consideration the receipt and adequacy of
which are hereby acknowledged, the Parties hereby agree as follows :
1. On and after _____________, 2023 (“Commencement Date”), UWS shall
provide 10 Gallon Service to qualified customers approved by the Public Works
Director or his designee. UWS and City shall develop an agreed upon process for
notifying UWS that a customer is qualified for 10 Gallon Service.
Page 154 of 161
2. The initial rate for 10 Gallon Service is $20.95. Future changes in the
rate shall be made at the same time and in the same manner as other rates for
Collection service provided by UWS under the Waste Collection Agreement.
WHEREFORE, the Parties have entered this Agreement on the Effective
Date.
UKIAH WASTE SOLUTIONS,
INC.
By: _________________________ By: ______________________
Sage Sangiacomo, City Manager
ATTEST:
______________________
Kristine Lawler, City Clerk
Page 155 of 161
Page 156 of 161
City of Ukiah
Curbside Residential
Rate per Gallon of 3 Tote System
Compare 20 and 10 Gallon Service to the 32 gallon Service ‐ Monthly
Monthly % of Monthly 32 % of 32 Gal Gallons
Grey Blue Green Total Difference Gallons Available Rate Not Paid For
Tote Tote Tote Gallons From 32 Gal
Volume/Gallons 32 96 96 224
Pick Ups/Month 4.3 4.3 4.3 4.3
Gallons per Month 137.6 412.8 412.8 963.2 100% 100%0%
Rate per Month $26.39
Rate per Gallon $0.0274
Grey Blue Green Total
Tote Tote Tote Gallons
Volume/Gallons 20 96 96 212
Pick Ups/Month 4.3 4.3 4.3 4.3
Gallons per Month 86 412.8 412.8 911.6 51.6 94.64% 88.75%5.90%
Rate per Month $23.42
Rate per Gallon $0.0257 $0.0017
Grey Blue Green Total
Tote Tote Tote Gallons
Volume/Gallons 10 96 96 202
Pick Ups/Month 4.3 4.3 4.3 4.3
Gallons per Month 43 412.8 412.8 868.6 94.6 90.18% 79.39%10.79%
Proposed Rate per Month $20.95
Rate per Gallon $0.0241 $0.0033
The 20 Gal Service only gets 12 fewer gallons per week than the 32 Gallon Customer.
The 10 Gal Service only gets 22 fewer gallons per week than the 32 Gallon Customer.
Disposal and diversion costs are in tons or parts thereof, not Gallons
But the gallons noted above are available to the ratepayer to fill for disposal or diversion
Unfortunately, Totes do not have a meter on them like other public services.
Page 157 of 161
Page 1 of 1
Agenda Item No: 14.b.
MEETING DATE/TIME: 5/3/2023
ITEM NO: 2023-2631
AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Mayor Rodin and Various Councilmembers
ATTACHMENTS:
1. City Council Special Assignments
Summary: City Council members will provide reports and updates on their committee and ad hoc
assignments. If necessary, the Council may consider modifications.
Background: City Council members are assigned to a number of committees and ad hoc activities. These
assignments are included as Attachment 1.
Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and
ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending
business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.
In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the
agenda to provide the City Council members an expanded opportunity to report on assignments and modify
assignments as necessary.
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc
assignments along with the creation/elimination ad hoc(s).
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 158 of 161
2023 CITY COUNCIL SPECIAL ASSIGNEMENTS
LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Investment Oversight Committee Varies
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco - Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Disaster Council
Shall meet a minimum
of once a year at a
time and place
designated upon call
of the chair
Place designated upon call of the
chair or, if she/he is unavailable or
unable to call such meeting, the first
vice chair and then the City Manager
or her/his designee.
Office of Emergency Management
300 Seminary Ave.
Ukiah, CA 95482
467-5765 - Tami Bartolomei
Develop any necessary emergency and mutual aid
plans, agreements, ordinances, resolutions, rules, and
regulations.
Orozco
Duenas- Alternate
Traci Boyl, City Manager's Office Management
Analyst; 467-5720; tboyl@cityofukiah.com
Greater Ukiah Business & Tourism
Alliance (GUPTA)
4th Monday of month,
10:00 a.m.
200 S School St.
Ukiah, CA 95482
200 S School St.
Ukiah, CA 95482
Promotes tourism and works to strengthen and
promote the historic downtown and businesses within
the greater Ukiah area
Rodin
Duenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Mendocino County Inland Water and
Power Commission (IWPC)
2nd Thursday of
month, 6:00 p.m.
Civic Center
300 Seminary Avenue
conference room 5
IWPC Staff
P.O. Box 1247
Ukiah, CA 95482
391-7574 - Candace Horsley
Develops coordination for water resources and current
water rights: Potter Valley project - Eel River Diversion
Rodin
Orozco- Alternate
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
North Coast Opportunities (NCO)4th Wednesday of
month, 2 p.m.
Alternating locations - Ukiah and
Lakeport
Governing Board Chair
North Coast Opportunities
413 North State Street
Ukiah, CA 95482
Assist low income and disadvantaged people to
become self reliant Burgess
Jake Burgess, Community Services
Supervisor; 463-6201
jburgess@cityofukiah.com
Sun House Guild ex officio 2nd Tuesday of
month, 4:30 p.m.
Sun House
431 S. Main St.
Ukiah, CA
431 S. Main Street
Ukiah, CA 95482
467-2836
Support and expand Grace Hudson Museum Duenas
Neil Davis - Alternate
David Burton, Museum Director; 467-2836
dburton@cityofukiah.com
Ukiah Valley Basin Groundwater
Sustainability Agency (GSA)
2nd Thursday of
month, 1:30 p.m.
Board of Supervisors Chambers;
501 Low Gap Road
Ukiah, CA
County Executive Office
501 Low Gap Rd., Rm. 1010
Ukiah, CA 95482
463-4441
GSA serves as the Groundwater Sustainability Agency
in the Ukiah Valley basin
Crane
Duenas - Alternate
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
City Selection Committee Called as required by
the Clerk of the Board
BOS Conference Room
501 Low Gap Rd. Rm. 1090
Ukiah, CA
C/O: BOS
501 Low Gap Rd., Rm 1090
Ukiah, CA 95482
463-4441
Makes appointments to LAFCO and Airport Land Use
Commission
(Mayor - Primary; Vice Mayor - Alternate)
Mayor Rodin
Vice Mayor Duenas - Alternate
Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Economic Development & Financing
Corporation (EDFC)
2nd Thursday of
month, 2:00 p.m.
Primarily 631 S. Orchard Street
(location varies)
Executive Director
631 South Orchard Avenue
Ukiah, CA 95482
467-5953
Multi-agency co-op for economic development and
business loan program
Riley
(appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Library Advisory Board
3rd Wednesdays of
alternate months; 1:00
p.m.
Various Mendocino County Libraries Ukiah County Library
463-4491 Review library policy and activities Duenas
Rodin - Alternate
Kristine Lawler, City Clerk; 463-6217;
klawler@cityofukiah.com
Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annex
conference room #5
411 W est Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with
the City's 1st District Supervisor
Rodin
Crane - Alternate
Sage Sangiacomo, City Manager;
463-6221; ssangiacomo@cityofukiah.com
Mendocino County 2nd District Liaison 1st Wednesdays of
month, 8:00 a.m.
Civic Center Annex
conference room #5
411 W est Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with
the County's 2nd District Supervisor
Rodin
Duenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Mendocino Council of Governments
(MCOG)
1st Monday of month,
1:30 p.m.
Board of Supervisors Chambers
501 Low Gap Road
Ukiah, CA
Executive Director
367 N. State Street, Ste. 206
Ukiah, CA 95482
463-1859
Plan and allocate State funding, transportation,
infrastructure and project County wide
Duenas
Sher - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino County Airport Land Use
Commission As needed
BOS Conference Room
501 Low Gap Rd., Rm. 1090,
Ukiah, CA
Mendocino County Executive Office
501 Low Gap Rd. Rm. 1010
Ukiah, CA 95482
To formulate a land use compatibility plan, provide for
the orderly growth of the airport and the surrounding
area, and safeguard the general welfare of the
inhabitants within the vicinity
Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
gowen@cityofukiah.com
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
Mendocino County Local Area
Formation Commission (LAFCO)
1st Monday of month,
9:00 a.m.Board of Supervisors Chambers
Executive Director
200 S. School Street, Ste. 2
Ukiah, CA 95482
463-4470
Required by legislation - planning spheres of influence,
annexation, service areas, and special districts
Rodin
Crane - Desired Alternate if
appointment becomes available
with City Selection Committee
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
4/7/2023
ATTACHMENT 1
Page 159 of 161
2023 CITY COUNCIL SPECIAL ASSIGNEMENTS
MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Mendocino Solid Waste Management
Authority (MSWMA)
3rd Thursday of every
other month (varies),
10:00 a.m.
Willits Council Chambers
Solid Waste Director
3200 Taylor Drive
Ukiah, CA 95482
468-9710
County-wide Solid Waste JPA Crane
Sher- Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino Transit Authority (MTA)
Board of Directors
Last Wednesday of
month, 1:30 p.m.
Alternating locations - Ukiah
Conference Center or Fort Bragg, or
Point Arena
Executive Director
241 Plant Road
Ukiah, CA 95482
462-1422
County-wide bus transportation issues and funding Sher
Duenas - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino Youth Project JPA Board of
Directors
3rd Wednesday of
month, 7:45 a.m.
776 S. State Street Conference
Room
Mendocino Co. Youth Project
776 S. State Street, Ste. 107
Ukiah, CA 95482
707-463-4915
Targets all youth with a focus on drug and alcohol
prevention, healthy alternatives and empowering youth
to make healthy choices
Cedric Crook, Police Captain
Duenas - Alternate
Cedric Crook, Police Captain 463-6771;
ccrook@cityofukiah.com
Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month,
5:30 p.m.
151 Laws Ave.,Suite D
Ukiah, CA
151 Laws Ave., Ukiah, CA 95482;
rrfc@pacific.net; 462-5278
Proactively manage the water resources of the upper
Russian River for the benefit of the people and
environment of Mendocino County
White/Orozco Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
Ukiah Players Theater Board of
Directors
3rd Tuesday of
month, 6:00 p.m
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
To oversee the activities, organization and purpose of
the Ukiah Players Theater
Greg Owen, Airport Manager
(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Ukiah Unified School District (UUSD)
Committee Quarterly 511 S. Orchard, Ste. D
Ukiah, CA 95482
511 S. Orchard
Ukiah, CA 95482
Information exchange with UUSD Board Chair, Mayor,
Superintendent, and City Manager
Mayor, City Manager and
Police Chief
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Great Redwood Trail Agency Bi-monthly, 3rd
Thursdays, 10:30 a.m.Various Locations - announced
419 Talmage Road, Suite M
Ukiah, CA 95482
463-3280
Provides a unified and revitalized rail infrastructure
meeting the freight and passenger needs of the region
Rodin
Duenas - Alternate
Neil Davis, Community Services Director
467-5764 ndavis@cityofukiah.com
League of California Cities Redwood
Empire Legislative Committee
Prior to Division
Meetings, meets 3x in
person and then via
conference call
Various locations that are
announced
Redwood Empire League President;
Public Affairs Program Manager
(916) 658-8243
Elected city officials and professional city staff attend
division meetings throughout the year to share what
they are doing and advocate for their interests in
Sacramento
Orozco
Duenas -Alternate
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
Russian River Watershed Association
(RRWA)
4th Thursday of
month, 9:00 a.m. (only
5 times a year)
Windsor Town Hall
Russian River Watershed Association
425 South Main St., Sebastopol, CA
95472
508-3670
Consider issues related to Russian river - plans
projects and funding requests
Rodin
Sher - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Northern California Power Agency
(NCPA) Commission
4th Thursday of
month, 9:00 a.m. (see
NCPA calendar)
Roseville, CA
and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4202
Pool of State and local power utilities developing and
operating power generation, providing scheduling and
related energy services and providing regulatory and
legislative support.
Crane - Commissioner
Sauers - Alternate and
Commissioner in absence of
Commissioner Crane
Cindi Sauers - Electric Utility Director;
463-6286 csauers@cityofukiah.com
Northern California Power Agency
(NCPA) – Lodi Energy Center (LEC)
Appointment
2nd Monday of
month, 10:00 AM Lodi, CA and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4299
Committee oversees the operation, maintenance and
expenditures of the LEC 300 MW generating project.
Sauers – Project Participate
Appointee
Cindy Sauers, Electric Utility Director,
463‐6286, csauers@cityofukiah.com
Transmission Agency of Northern
California (TANC)
4th Wednesday of
month, 10 a.m.
35 Iron Point Circle Suite 225
Folsom, CA
35 Iron Point Cir #225
Folsom, CA 95630
916-852-1673; info@tanc.us
Provide electric transmission to its Member utilities
through transmission line ownership or contract
arrangements.
Crane
Sauers - Alternate
Cindi Sauers - Electric Utility Director;
463-6286 csauers@cityofukiah.com
STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Diversity and Equity TBD Virtual Meeting Room
(link to be created)
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Improve diversity and equity in the City’s workforce and
municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management
Analyst; 467-5720; tboyl@cityofukiah.com
Fire Executive Committee
2nd Tue, every other
month beginning in
January; 5:00 p.m.
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
sabba@cityofukiah.com
Per the recently adopted agreement between the City
of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher
Doug Hutchison, Fire Chief; 463-6263;
dhutchison@cityofukiah.com
Countywide Oversight Board to the
RDA Successor Agencies
4th Thursday of
January, 4:00 p.m.;
meets annually
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
City of Ukiah
ATTN: City Clerk
300 Seminary Ave.
Ukiah, CA 95482
707-463-6217
oversee and direct the Successor Agencies of the
former redevelopment agencies Crane
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Kristine Lawler, City Clerk; 463-6217,
klawler@cityofukiah.com
4/7/2023
Page 160 of 161
COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director;
463-629586 csauers@cityofukiah.com
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Advance Planning & Policy for Sphere of
Influence (SOI), Municipal Service Review (MSR),
Annexation, Tax Sharing, Detachment, and Out
of Area Service Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 cschlatter@cityofukiah.com
UVSD/ City Relations
Ad hoc committee to address specific issues with the
Ukiah Valley Sanitation District, including discussion of
overall sewer system service delivery policies, operating
policy revisions, potential revisions to the current
Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463‐6220 dbuffalo@cityofukiah.com
Sean White, Water Resources Director
463‐5712 swhite@cityofukiah.com
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Shannon Riley, Deputy City Manager
467-5793 sriley@cityofukiah.com
Neil Davis, Community Services Director
467-5764 ndavis@cityofukiah.com
Special Districts (Water District Consolidation)Orozco/Crane Shannon Riley, Deputy City Manager
467‐5793 sriley@cityofukiah.com
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer
463‐6284 jbenson@cityofukiah.com
City/District Review of 2019/22 Proposed Fire
Code Crane/Orozco Doug Hutchison, Fire Chief
463‐6263 dhutchison@cityofukiah.com
Mendocino County Courthouse Project and
Reuse Sher/Orozco Shannon Riley, Deputy City Manager
467‐5793 sriley@cityofukiah.com
Climate Action Plan
Will coordinate with the Community Development
Director to identify and assign representation to each of
the identified categories, and also coordinate with the
Community Development Director and the Climate Action
Plan Working Group related to other outreach efforts
during the development of the draft municipal Climate
Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 cschlatter@cityofukiah.com
2023 AD HOC COMMITTEES
3/16/2023
Page 161 of 161