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Home My WebLink About2022-03-16 PacketPage 1 of 7 City Council Regular Meeting AGENDA To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only: Call (toll free) 1-888-788-0099 Enter the Access Code: 971 9942 6600 To Raise Hand enter *9 To Speak after being recognized: enter *6 to unmute yourself Or One tap mobile (for easy connection on smart phones): US: +16699009128,,97199426600# or +12532158782,,97199426600# Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. March 16, 2022 - 6:00 PM 1.ROLL CALL 2.PLEDGE OF ALLEGIANCE 3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4.PETITIONS AND COMMUNICATIONS 5.APPROVAL OF MINUTES 5.a.Approval of the Minutes for the March 2, 2022, Regular Meeting. Recommended Action: Attachments: 1.2022-03-02 Draft Minutes 6.RIGHT TO APPEAL DECISION 7.CONSENT CALENDAR 7.a.Report of Disbursements for the Month of February 2022. Recommended Action: Approve the Report of Disbursements for the Month of February 2022. Attachments: 1.February 2022 Summary of Disbursements 2.Account Codes for Reference 3.Object Codes for Reference 4.February 2022 Disbursement Detail 7.b.Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Page 1 of 592 Page 2 of 7 Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic. Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic. Attachments: 1.AB 361 Findings Reconsideration for All Legislative Bodies 7.c.Authorize the City Manager to Negotiate and Enter into a Contract with Ren Alexander Design for Consulting Services to Assist the Electric Utility Department with the Architectural Services and Plans for the Interior of the Electric Service Center for an Amount not to Exceed $75,000. Recommended Action: Authorize City Manager to negotiate and enter into contract with Ren Alexander Design for consulting services to assist the Electric Utility Department with architectural services and plans for the interior of the Electric Service Center for an amount not to exceed $75,000. Attachments: 1.2203_220221_Proposal_UkiahElectric_Ren Alexander 7.d.Approve the Purchase of Radio and Pagers in the Amount of $225,276.40 through Leavitt Communications, Approve the Purchase of Headsets in the Amount of $10,760.53 through The Radio Guys, and Approve Corresponding Budget Amendments. Recommended Action: Approve the purchase of radio and pagers in the amount of $225,276.40 through Leavitt Communications, approve the purchase of headsets in the amount of $10,760.53 through The Radio Guys, and approve corresponding budget amendments. Attachments: 1.Bid Tabulation -RFB E39158 - Bendix King 2.Bid Tabulation -RFB E39159 - Motorola Pagers 3.Bid Tabulation -RFB E39160 - Headsets 4.BKR-5000_Brochure 5.KNGMobileRadio_Brochure 7.e.Consideration of Adoption of Resolution to Remove Approximately 816 Lineal Feet of On-Street Parking on Hamilton Street, from the Intersection of Hospital Drive to the Intersection of Clara Avenue. Recommended Action: Adopt resolution removing approximately 816 lineal feet of on-street parking on Hamilton Street. Attachments: 1.Resolution with Exhibit A 7.f.Award Purchase Order to Replace Three (3) HVAC Units at the Waste Water Treatment Plant to Intercounty Mechanical & Electrical, Inc. of Ukiah for the Amount of $41,926.38. Recommended Action: Award Purchase Order to Intercounty Mechanical & Electrical, Inc. for the amount of $41,926.38 Attachments: 1.Intercounty Bid E38934 7.g.Possible Adoption of the Organic Waste Disposal Reduction Ordinance. Recommended Action: Adopt the Organic Waste Disposal Reduction Ordinance. Attachments: 1.Organic Waste Disposal Reduction Ordinance Introduced Page 2 of 592 Page 3 of 7 7.h.Award the Purchase of One (1) New Altec Model AT40G Articulating Telescopic Aerial Device with an Insulated Boom to Altec Industries, Inc., for the Electric Utility Department in the Amount of $220,703.95, and Approve Corresponding Budget Amendment. Recommended Action: Award purchase of a new Altec Model #AT40G Articulating Telescopic Aerial Device with an insulated boom from Altec Industries, Inc. in the amount of $220,703.95, and approve corresponding budget amendment. Attachments: 1.Altec Bucket Truck Quote 2.Vehicle Justification Form Trouble Truck 7.i.Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72. Recommended Action: Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72. Attachments: 1.WWTP SCADA Upgrade 2.Ukiah CF to Flex_Aveva Select California Customer Quotation 3.Flex Ukiah Spreadsheet Comparison 7.j.Report of the Emergency Purchase for the Diagnosis and Repair of a Leak at a Pressure Zone 1 South Tank, and Approve Corresponding Budget Amendment in the Amount of $329,932, Using Water Reserve Funds. Recommended Action: Receive a report of the emergency purchase for the diagnosis and repair of a leak at the Pressure Zone 1 South Tank, and approve corresponding budget amendment in the amount of $329,932 using Water Reserve Funds. Attachments: 1.PZ1S Estimate 2.PZ1S Estimate Phase 2 3.00047705 (3) 7.k.Approve a Three-Year Contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) Financial Software Servers in the Amount of $494,670, and Approve a Corresponding Budget Amendment. Recommended Action: Approve a three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) financial software servers in the amount of $494,670, and approve a corresponding budget amendment. Attachments: 1.Council Approved Agenda Summary Report (ASR) 2.Ukiah SaaS Quote 3.Ukiah Total Cost of Ownership 4.Tyler Technologies Draft Agreement 7.l.Approve the Purchase of Three Cluster Servers, One Virtual Machine Management Server, One Compellent Storage Array and Two Dell Network Switches to DESIGN in the Amount of $125,129; Additionally, Approve the Replacement of the APC-Schneider Electric System Power Components to Schneider Electric IT Corporation in the Amount of $39,363, for a Total Project Cost of $164,492, and Approve Corresponding Budget Amendment. Recommended Action: Approve the purchase of three cluster servers, one virtual machine management server, one Compellent Storage Array and two Dell Network Switches to DESIGN for the amount of $125,129; Additionally, approve the replacement of the APC-Schneider Electric System Power Components with Schneider Electric IT Corporation for the amount of $39,363, for a total project cost of $164,492, and approve corresponding budget amendment. Attachments: Page 3 of 592 Page 4 of 7 1.Dell-Server-Storage-Network Switch Refresh Quote (1) 2.APC-Schneider Electric-Power Refresh Battery Replacement Quote (1) 3.Power Component Refresh - SOW (1) 4.Battery Replacement SOW (1) 7.m.Consideration and Possible Approval of Purchase of One (1) Remote Controlled 44” Rotary Mower from Owen Equipment in the Amount of $43,661.33 with Tax, and Approval of Corresponding Budget Amendments. Recommended Action: Approve the purchase of a Remote Controlled 44” Rotary Mower in the amount of $43,661.33 with tax, and approval of corresponding budget amendments. Attachments: 1.RC Mowers 2.City of Ukiah- RC Mower TK-44E (3) 8.AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9.COUNCIL REPORTS 10.CITY MANAGER/CITY CLERK REPORTS 11.PUBLIC HEARINGS (6:15 PM) 11.a.Consideration of the Following Actions Related to the Upper City View Trail Project: 1) Approval of a Resolution to Adopt an Initial Study and Mitigated Negative Declaration; and 2) Approval of Construction of the Trail, and Authorization for the City Manager or His Designee to Negotiate a Start Date and Construction Schedule with the Ukiah Valley Trail Group. Recommended Action: Conduct a public hearing, approve the Resolution to adopt the Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project, approve construction of the trail, and authorize the City Manager or designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group. Attachments: 1.Upper City View Trail Project Description & Figures 2.Upper City View Trail Final Draft ISMND 030722 3.Upper City View Trail ISMND Public Comments and City Responses 4.Draft Findings for to Adopt Upper City View Trail ISMND 5.Draft Resolution to Adopt Upper City View Trail MND 11.b.Conduct Protest Hearing about Residential Garbage Curbside Collection Rates. Recommended Action: Conduct protest hearing on residential garbage curbside collection rates. Attachments: 1.January 19, 2022, City Manager's Report 2.SWS UWS April 2022 Adjustment 3.Rate Comparison 4.Prop 218 Notice, 1-19-22 5.Protest Letters 12.UNFINISHED BUSINESS 12.a.Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters. Recommended Action: Receive status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; Page 4 of 592 Page 5 of 7 continuity of City operations and services; community and business impacts; and any other related matters. Attachments: None 12.b.Possible Introduction, by Title Only, of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Recommended Action: Introduce by title only, the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Attachments: 1.Ordinance No. 1187 Shopping Cart Containment and Retrieval 2.Ordinance No. 1191 Amending Shopping Cart Containment and Retrieval Ordinance 3.Shopping Cart Ordinance Amendment REDLINE 4.Shopping Cart Ordinance Amendment CLEAN 13.NEW BUSINESS 13.a.Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be Performed by Mead and Hunt for the Amount of $36,500 Recommended Action: Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be performed by Mead and Hunt for the amount of $36,500 Attachments: 1.Ukiah Runway Study 13.b.Possible Introduction, by Title Only, of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance. Recommended Action: Introduce, by title only, an ordinance adopting the California Model Water Efficient Landscape Ordinance. Attachments: 1.Proposed MWELO Ordinance 13.c.Possible Introduction, by Title Only, of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems. Recommended Action: Introduce, by title only, an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. Attachments: 1.EV Submittal Checklist 2.Proposed Electric Vehicle Charging System Permit Ordinance 13.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). Recommended Action: Attachments: 1.2022 City Council Special Assignments - 2-23-22 14.CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING 14.a.Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) Page 5 of 592 Page 6 of 7 Recommended Action: Attachments: None 14.b.Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3)) Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) Recommended Action: Attachments: None 14.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 Recommended Action: Attachments: None 14.d.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-20-74612 Recommended Action: Attachments: None 14.e.Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 Recommended Action: Attachments: None 14.f.Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603 Recommended Action: Attachments: None 14.g.Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed. Dist. Ct. N.D. Cal.) 3:21-2609 VC. Recommended Action: Attachments: None 14.h.Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Dave Hull and Ric Piffero Under Negotiation: Price & Terms of Payment Recommended Action: Attachments: None Page 6 of 592 Page 7 of 7 14.i.Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: 1850 Talmage Road, Ukiah, CA 95482 Negotiator: Sage Sangiacomo, City Manager, or his Designee Negotiating Parties: City of Ukiah and Rogina Water Company Under Negotiation: Price & Terms of Payment Recommended Action: Attachments: None 14.j.Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units Recommended Action: Attachments: None 15.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/City Clerk Dated: 3/11/22 Page 7 of 592 AGENDA ITEM 5a Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 March 2, 2022 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on March 2, 2022, having been legally noticed on February 25, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; Darcy Vaughn, Assistant City Attorney; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Brown. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation of the Ukiah City Council Recognizing March as Women’s History Month. Presenter: Councilmember Rodin. Proclamation was issued. 4. PETITIONS AND COMMUNICATIONS City Clerk, Kristine Lawler, stated that no communications had been received. 5. APPROVAL OF MINUTES a. Approval of the Minutes for the February 16, 2022, Special Meeting. b. Approval of the Minutes for the February 16, 2022, Regular Meeting. Motion/Second: Rodin/Orozco to approve Minutes of February 16, 2022, special and regular meetings, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Approval of Contract Amendment (COU No. 2122-118-A1) with GHD Inc. for the Additional Support in Environmental Studies and Permitting for the Great Redwood Trail Phase 4 Project – Public Works. b. Approval Notice of Completion for Ghilotti Construction Co. for the Downtown Streetscape Road Diet Project, Specification 19-18, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Public Works. Page 8 of 592 City Council Minutes for March 2, 2022, Continued: Page 2 of 5 c. Approval Notice of Completion for CV Larsen Co. for the Pressure Zone 2 South (PZ2S) Water Reservoir Replacement Project, Specification 20-02, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Public Works. d. Approval Notice of Completion for Pavement Coatings Co., for the 2021 Slurry Seal of Local Streets, Specification 21-03, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Public Works. e. Report of the Emergency Purchase (PO No. 47727) of New Traffic Signal Control System at the Intersection of North State and Empire Drive/Ford Road from DC Electric Group in the amount of $30,395.00 – Public Works. f. Approve Contract Amendment (COU No. 1516-143-A5) with Ukiah Waste Solutions for Biosolids Removal at the Wastewater Treatment Plant – Water Resources. g. Approve a Budget Amendment to the Engineering Fund for the expenses related to Preliminary Engineering of the Local Roadway Safety Plan (LRSP) using (TBD) Funds – Public Works. h. Approve to Use Professional Service Contracts (Thomas Hise - COU No. 2122-197; David Jankovsky – COU No. 2122-198; OTMK Law – COU No. 2122-199) for the Grace Hudson Museum Roof Replacement Project on an As-Needed Basis – Community Services. Motion/Second: Crane/Orozco to approve Consent Calendar Items 7a-7h, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment was received. 9. COUNCIL REPORTS Presenter: Mayor Brown 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Sage Sangiacomo, City Manager; and  Hazard Mitigation Grant from FEMA – Cindy Sauers, Electric Utility Director.  PZ1 Emergency Water Tank Repair Update – Sean White, Water Resources Director.  Lease Revenue and Electric Financing Update – Sage Sangiacomo, City Manager. 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Consideration of the Following Actions Associated with the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement Project: 1) Authorize the City Manager to Negotiate and Execute the Easement and Road Maintenance Agreement; 2) Authorize the City Manager to Negotiate and Execute the Limited Development and Property Exchange Agreement; and 3) Approval of Corresponding Budget Amendments. Presenters: Maya Simerson, Project and Grant Administrator; Craig Schlatter, Community Development Director; Michelle Irace, Planning Manager; David Rapport, City Attorney. Motion/Second: Crane/Rodin to approve the following actions; 1) Authorize the City Manager to Negotiate and Execute the Easement, Road Access and Maintenance Agreement (“Road Access Agreement” COU No. 2122-200); 2) Authorize the City Manager to Negotiate and Execute the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions Page 9 of 592 City Council Minutes for March 2, 2022, Continued: Page 3 of 5 (“Limited Development and Property Exchange Agreement” COU No. 2122-201); and 3) Approve Corresponding Budget Amendments, with the added condition for Mr. Hull to sign in writing to the comply with the conditions of approval. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Possible Introduction by Title Only of the Organic Waste Disposal Reduction Ordinance. Presenters: Tim Eriksen, Public Works Director/City Engineer and Darcy Vaughn, Assistant City Attorney. Motion/Second: Crane/Rodin to introduce the ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. 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 ADDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF ORGANIC WASTE DISPOSAL Motion/Second: Crane/Orozco to introduce the Organic Waste Disposal Reduction Ordinance. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. c. Approval of Plans and Specifications for the Dora Street Utility Improvement Project, Specification No. 19-01, and Direct Staff to Advertise for Bids. Presenter: Tim Eriksen, Public Works Director/City Engineer. Staff Comment: Cindy Sauers, Electric Utility Director. Motion/Second: Crane/Orozco to approve the Plans and Specifications for the Dora Street Utility Improvement Project, Specification No. 19-01, and direct Staff to advertise for bids. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. d. Approval of Plans and Specifications for the Dora Street Overlay Project, Specification No. 21-05, and Direct Staff to Advertise for Bids. Presenter: Tim Eriksen, Public Works Director/City Engineer. Motion/Second: Rodin/Crane to approve the Plans and Specifications for the Dora Street Overlay Project, Specification No. 21-05, and direct Staff to advertise for bids. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. e. Approval of Plans and Specifications for the State Street and Dora Street Rehabilitation Project, Specification No. 21-04, and Direct Staff to Advertise for Bids. Presenter: Tim Eriksen, Public Works Director/City Engineer. Public Comment: Lucy Bartholomew. Page 10 of 592 City Council Minutes for March 2, 2022, Continued: Page 4 of 5 Motion/Second: Rodin/Crane to approve the Plans and Specifications for the South State Street and Dora Street Rehabilitation Project, Specification No. 21-04, and direct Staff to advertise for bid, and to apply for a grant, and/or coordinate with Blue Zones, to conduct a master planning process for State St. from city limit to city limit. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. 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 8:06 P.M. RECESS: 8:06 – 8:15 P.M. 14. CLOSED SESSION a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3)) Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) 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: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 e. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 f. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603 g. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed. Dist. Ct. N.D. Cal.) 3:21-2609 VC. Page 11 of 592 City Council Minutes for March 2, 2022, Continued: Page 5 of 5 h. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Dave Hull and Ric Piffero Under Negotiation: Price & Terms of Payment i. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: 1850 Talmage Road, Ukiah, CA 95482 Negotiator: Sage Sangiacomo, City Manager, or his Designee Negotiating Parties: City of Ukiah and Rogina Water Company Under Negotiation: Price & Terms of Payment j. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units No action reported; direction provided to staff. 15. ADJOURNMENT There being no further business, the meeting adjourned at 8:47 p.m. ________________________________ Kristine Lawler, City Clerk/CMC Page 12 of 592 Page 1 of 2 Agenda Item No: 7.a. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1479 AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of February 2022. DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar ATTACHMENTS: 1. February 2022 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. February 2022 Disbursement Detail Summary: The Council will review and consider approval of the Report of Disbursements for the month of February 2022. Background: Payments made during the month of February 2022 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable Check Numbers (City & UVFA): 3046294-3046403; 3046404-3046519; 3046520-3046627; 3046628-3046711 Accounts Payable Wire Transfers: 62 Payroll Check Numbers: 510248-510318; 510319-510386 Payroll Manual Check Numbers: 510248-510249; 510384-510356 Direct Deposit Numbers: 109609-109871; 109872-110140 Manual Direct Deposit Numbers: N/A Void Check Numbers:3046315, 3046385, 3045543, 3041042, 509780, 509930 Void Direct Deposit Numbers: N/A Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Attachment #1: February 2022 Summary of Disbursements Attachment #2: Account Codes for Reference Attachment #3: Object Codes for Reference Attachment #4: February 2022 Disbursement Detail Recommended Action: Approve the Report of Disbursements for the Month of February 2022. Page 13 of 592 Page 2 of 2 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 14 of 592 Attachment 1 FUNDS: 100 General Fund $267,812.44 700 Sanitary Disposal Site Fund $51,829.94 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $44,404.71 702 Disposal Closure Reserve Fund $22,935.49 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $30,996.69 710 Ambulance Services Fund $18,956.62 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $1,807.42 200 City Adminstrative Services $109,889.92 730 Confernence Center Fund $3,351.68 201 Worker's Comp Fund $420,968.94 750 Visit Ukiah 202 Liability Fund 777 Airport Fund $27,865.22 203 Garage Fund $3,973.79 778 Airport Capital Improvement Fund 204 Purchasing Fund $185.62 779 Special Aviation Fund 205 Billing & Collections Fund $9,456.99 800 Electric Fund $906,553.77 206 Public Safety Dispatch Fund $1,760.94 801 Electric Capital Reserve Fund $925,656.94 207 Payroll Posting Fund $328,570.46 803 Lake Mendocino Bond Reserve 208 Building Maintenance/Corp Yard Fund $20,528.63 805 Street Lighting Fund $9,071.74 209 IT Fund $52,113.20 806 Public Benefits Fund $7,022.81 220 Equipment Reserve Fund 807 Cap and Trade 249 City Housing Bond Proceeds 820 Water Fund $157,410.16 250 Special Revenue Fund $0.00 822 Water Capital Improvement Fund $251,830.70 251 Special Projects Reserve Fund 830 Recycled Water Fund $132,335.14 253 CITY PROP 172 840 City/District Sewer Fund $152,169.68 300 Park Development Fund $707.50 841 Sewer Contruction Fund 301 Anton Stadium Fund $0.00 843 Sewer Capital Fund 302 Observatory Park Fund 900 Special Deposit Trust $6,414.48 304 Swimming Pool Fund $0.00 901 General Service (Accts Recv)$29,382.11 305 Riverside Park Fund $0.00 902 U.S.W. Billing & Collection $87,787.09 306 Skate Park Fund $0.00 903 Public Safety - AB 109 $0.00 310 Museum Grants 905 Federal Emergency Shelter Grant 311 Alex Rorbaugh Recreation Center Fund $3,764.87 905 Mendocino Emergency Service Authority 312 Downtown Business Improvement Fund $3,418.77 911 Russian River Watershed Association $26,997.71 313 LMIHF Housing Asset Fund 915 UVFD $729.29 314 Winter Special Events $9,580.28 916 UVFD PROP 172 315 Advanced Planning Fund $0.00 917 UVFD Measure B 500 2106 Gas Tax Fund 918 UVFD Mitigation $1,361.77 501 2107 Gas Tax Fund 940 Sanitation District Special Fund 503 2105 Gas Tax Fund 942 Rate Stabilization - UVSD Fund 505 Signalization Fund 943 Sanitation District Capital Improvement Fund 506 Bridge Fund 952 REDIP Sewer Enterprise Fund 507 1998 STIP Augmentation Fund 960 Community Redevelopment Agency 508 SB325 Reimbursement Fund 961 RDA Housing Pass-Through 509 S.T.P. Fund 962 Redevelopment Housing Fund 510 Trans-Traffic Congest Relief Fund 963 Housing Debt 511 Rail Trail Fund $75,828.12 964 RDA Capital Pass-Through 600 Community Development Block Grant 965 Redevelopment Capital Improvement Fund 601 EDBG 94-333 Revolving Loan 966 Redevelopment Debt Service 602 Community Development Fund 967 Housing Bond Proceeds 603 08-HOME-4688 968 Non-Housing Bond Proceeds 604 CDBG Grant 09-STBG-6417 969 RDA Obligation Retirement Fund 605 11-HOME-7654 Fund $0.00 844/944 Sewer Capital Projects Fund $25,670.55 606 CDBG Grant 10-EDEF-7261 607 Prop 84 Grant Fund 609 13-CDBG-8940 610 City RDA Projects Fund 613 Home Program Activities 620 CASP Train 630 Asset Seizure Fund $12,802.45 Retainage Withheld $48,545.05 631 Asset Seizure Fund (Drug/Alcohol)611 CDBG 16-CDBG-11147 $17,781.71 633 H & S Education 11489(B)(2)(A1) 634 Federal Asset Seizure Grants 635 SUP Law Enforcement Service Fund 636 CBTHP Officer $1,420.25 637 Local Law Enforcement Block Grant 638 Asset Forfeiture 11470.2 H & S 639 Special Revenue - Police 640 Parking District Fund $588.58 670 Federal American Rescue Fund 691 Museum Fund 695 Transfer Station Fund 696 Solid Waste Mitigation Fund PAYROLL CHECK NUMBERS: 510248-510318 TOTAL DEMAND PAYMENTS- A/P CHECKS $4,312,240.22 DIRECT DEPOSIT NUMBERS: 109609-109871 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 1/23/22-2/5/22 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,122,170.15 PAYROLL CHECK NUMBERS: 510319-510386 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$606,121.40 DIRECT DEPOSIT NUMBERS: 109872-110140 * vendor name( if applicable) PAYROLL PERIOD: 2/6/22-2/19/22 PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: TOTAL PAYMENTS $6,040,531.77 3046315, 3046385, 3045543, 3041042 509780, 509930 510248, 510249, 510384-510356 WIRE TRANSFER NUMBERS: 62 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on ____________________. City Clerk APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. ____________________________________________________________________________________________ City Manager Director of Finance MANUAL CHECK NUMBERS: CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF FEBRUARY Page 15 of 592 Account Code Summary Attachment 2 10000000 GENERAL FUND 20012500 CITY CLERK 10017200 SUCCESSOR AGENCY 20012600 ECONOMIC DEVELOPMENT 10020000 POLICE - GEN FUND 20012800 EMERGENCY MANAGEMENT 10020210 POLICE PATROL 20013210 ACCOUNTS PAYABLE 10020214 POLICE VOLUNTEERS 20013220 PAYROLL 10020216 COPS GRANT 20013400 ACCOUNTING 10020217 POLICE ANIMAL CONTROL 20013401 BUDGET MANAGEMENT 10020218 POLICE CSO 20014000 CITY ATTORNEY 10020220 CODE ENFORCEMENT 20015100 CITY TREASURER 10020224 MAJOR CRIMES TASK FORCE 20016100 HUMAN RESOURCES 10021210 CITY FIRE 20023510 HOUSING GRANTS 10022100 PARKS 20023520 NON-HOUSING GRANTS 10022300 AQUATICS 20100000 WORKER'S COMP FUND 10022700 MUSEUM - GEN FUND 20116220 WORKERS COMPENSATION 10022810 RECREATION ADMINISTRATION 20200000 LIABILITY FUND 10022821 ADULT BASKETBALL 20216200 RISK MANAGEMENT 10022822 ADULT SOFTBALL 20300000 GARAGE FUND 10022824 CO-ED VOLLEYBALL 20324100 GARAGE 10022831 YOUTH BASKETBALL 20324110 FLEET MAINTENANCE 10022832 YOUTH SOFTBALL 20400000 PURCHASING FUND 10022840 DAY CAMP 20413500 PURCHASING 10022850 CLASSES & CLINICS 20413510 CAPITAL ASSET MANAGEMENT 10022860 SPECIAL ACTIVITIES 20413520 GRANTS AND SPECIAL PROJECTS 10022900 COMM SVCS SPECIAL SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023100 PLANNING SERVICES 20500000 BILLING AND COLLECTION FUND 10023110 CURRENT PLANNING 20513300 UTILITY BILLING 10023300 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023320 BUILDING INSPECTION 20513382 METERING-WATER 10023411 CDBG GENERAL ADMIN 20600000 PUBLIC SAFETY DISPATCH FUND 10024200 ENGINEERING/STREETS 20620231 POLICE UKIAH DISPATCH 10024210 ENGINEERING 20620232 POLICE FT BRAGG DISPATCH 10024214 TRAFFIC SIGNAL OPERATIONS 20700000 PAYROLL POSTING FUND 10024224 STORM WATER 20800000 BUILDING & MAINTENANCE 10024310 CORP YARD MAINTENANCE 20822500 BUILDING & MAINTENANCE 10024620 STREETS 20824300 BLDG MAINT CORP YARD 10100000 GF- (SUB-FUND) VISIT UKIAH 20900000 IT FUND 10112700 GF-(SUB-FUND) VISIT UKIAH 20913900 INFORMATION TECHNOLOGY 10500000 MEASURE S GENERAL FUND 22000000 FIXED ASSET FUND 10521210 FIRE AUTHORITY 25100000 SPECIAL PROJECTS RESERVE FUND 12000000 STREET REHABILITATION 25300000 PROP 172 FUND 12024200 PUBLIC WORKS ENGINEERING 25321210 CITY FIRE 13000000 GOV'TL DEBT SVC/RESERVE FUND 30000000 PARK DEVELOPMENT FEES FUND 20000000 CITY ADMINISTRATIVE SERVICES 30022200 PARK DEVELOPMENT 20010000 CITY COUNCIL 30100000 ANTON STADIUM FUND 20012100 CITY MANAGER 30200000 OBSERVATORY PARK FUND 20012200 ADMINISTRATIVE SUPPORT 30300000 PLAYGROUND & PARK AMENITIES FU 20012300 COMMUNITY OUTREACH/PUBLIC INFO 30322230 PLAYGROUND AND PARK AMENITIES Page 16 of 592 Account Code Summary Attachment 2 30400000 SWIMMING POOL FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30522250 RIVERSIDE PARK 63900000 SPECIAL REVENUE POLICE 30600000 SKATE PARK FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 30700000 SOFTBALL COMPLEX FUND 64012600 ECONOMIC DEVELOPMENT 31100000 ARRC GENERAL OPERATING FUND 64020213 POLICE PARKING ENFORCEMENT 31122000 ARRC 67000000 FEDERAL AMERICAN RESCUE FUNDS 31200000 DOWNTOWN BUSINESS IMPROVEMENT 69500000 TRANSFER STATION 31212600 ECONOMIC DEVELOPMENT 69624000 SOLID WASTE MITIGATION FUND 31300000 LMIHF HOUSING ASSET FUND 70000000 SANITARY DISPOSAL SITE FUND 31323400 HOUSING 70024500 LANDFILL 700 31323431 LMI GENERAL ADMIN 70124500 LANDFILL CORRECTIVE 31500000 ADVANCED PLANNING FUND 70200000 DISPOSAL CLOSURE RESERVE FUND 31523100 COMMUNITY PLANNING 70224500 LANDFILL CLOSURE 50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND 50824210 SB325 ENGINEERING 72022400 GOLF 50900000 S.T.P.73000000 CONFERENCE CENTER FUND 50924210 STP ENGINEERING 73022600 CONFERENCE CENTER 51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND 51124210 Rail Trail 77714000 CITY ATTORNEY 60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND 61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY 61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION 61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1)80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF)80626450 PUBLIC BENEFITS 63520210 SLESF 80700000 ELECTRIC CAP AND TRADE FUND 63600000 CBTHP OFFICER 80800000 ELECTRIC LOW CARBON FUEL STDS 63620210 CBTHP OFFICER 80826100 ELECTRIC LOW CARBON FUEL STDS 63800000 ASSET FORFEITURE 11470.2 H&S F 82000000 WATER FUND Page 17 of 592 Account Code Summary Attachment 2 82027110 WATER 82027111 PROD OPERATIONS & MAINTENANCE 82027114 DISTRIB OPERATIONS & MAINT 82100000 WATER CAPITAL RESERVE FUND 82200000 WATER CONNECTION FEE FUND 82227113 WATER DISTRIBUTION CAPITAL 83000000 RECYCLED WATER 83027330 RECYCLED WATER 84000000 CITY/DIST. SEWER OPERATING FUN 84027220 WASTE WATER 84027221 CITY WASTE O & M 84027225 WASTE TREATMENT O & M 84100000 SEWER BOND DEBT SERVICE FUND 84127226 WASTEWATER TREATMENT CAPITAL 84200000 RATE STABILIZATION-CITY FUND 84300000 CONNECTION FEE SEWER FUND (CAP 84400000 CITY SEWER CAPITAL PROJECTS FU 84427221 CITY WASTEWATER O&M 844 84427222 CITY WASTE CAPITAL 90000000 SPECIAL DEPOSIT TRUST FUND 91500000 UKIAH VALLEY FIRE DEPARTMENT 91521400 UVFD FIRE ADMINISTRATION 91600000 UVFD PROP 172 91621400 UVFD PROP 172 91700000 UVFD MEASURE B UNASSIGNED 91721400 UVFD FIRE 91800000 UVFD MITIGATION FEES 91821400 UVFD MITIGATION 96900000 REDEVELOPMENT OBLIGATION RETIR 96917200 SUCCESSOR AGENCY 96995669 969 - RDA OBLIGATION RETIREMEN Page 18 of 592 51211 PERS UNFUNDED LIABILITY 54101 POSTAGE 51220 INSURANCE 54102 SMALL TOOLS 51230 WORKERS COMP 54103 LAB SUPPLIES 51240 MEDICARE 54106 SPECIALTY SUPPLIES 51260 FICA 54107 EMS SUPPLIES 51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES 51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE 52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE 52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES 52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS 52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING 52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY 52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS 52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING 52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN 52180 SECURITY SERVICES 54201 PRISONER EXPENSE 52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT 52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE 52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY 52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE 52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E 52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES 52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC)56130 EXTERNAL SERVICES 52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS 52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE 52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS Object Code Summary Attachment 3 Page 19 of 592 58101 NCPA PLANT GENERATION 58102 NCPA POWER PURCHASES 58103 NCPA TRANSMISSION 58104 NCPA MANAGEMENT SERVICES 58105 NCPA THIRD PARTY SALES 58202 CHEMICALS 58401 AVIATION FUEL 58410 GARAGE LUBRICANTS & PARTS 58510 REIMBURSABLE JOBS 59100 PROPERTY TAXES PAID 59101 FEES 59102 FRANCHISE FEES 59105 CONTRIBUTIONS TO OTHER AGENCY 59106 SENIOR TRASH SUBSIDY 59108 BANK FEES 59400 OTHER EXPENSES 59500 LOANS ISSUED 59502 SCHOLARSHIPS 61200 PURCHASING ALLOCATION 61300 BILLING & COLLECTION ALLOCATIO 61410 RENT ALLOCATION 61420 BUILDING MAINTENANCE ALLOCATIO 61422 IT ALLOCATION 61430 CORP YARD ALLOCATION 61500 INSURANCE ALLOCATION 61600 GARAGE ALLOCATION 61700 DISPATCH 62100 ADMIN & OVERHEAD ALLOCATION 63000 INTERFUND SERVICES USED 70101 LOAN PAYMENTS MADE 70102 BOND INTEREST EXPENSE 70103 LOAN INTEREST 70201 LOAN PRINCIPAL PAYMENTS 70202 BOND PRINCIPAL PAYMENTS 74500 CAPITAL LEASE PRINCIPAL 74501 CAPITAL LEASE INTEREST 80100 MACHINERY & EQUIPMENT 80210 LAND ACQUISITION 80220 BUILDING IMPROVEMENTS 80230 INFRASTRUCTURE 90100 LOAN PROCEEDS 90101 LOAN PAYMENT RECEIVED Page 20 of 592 Attachment 4 Page 21 of 592 Page 22 of 592 Page 23 of 592 Page 24 of 592 Page 25 of 592 Page 26 of 592 Page 27 of 592 Page 28 of 592 Page 29 of 592 Page 30 of 592 Page 31 of 592 Page 32 of 592 Page 33 of 592 Page 34 of 592 Page 35 of 592 Page 36 of 592 Page 37 of 592 Page 38 of 592 Page 39 of 592 Page 40 of 592 Page 41 of 592 Page 42 of 592 Page 43 of 592 Page 44 of 592 Page 45 of 592 Page 46 of 592 Page 47 of 592 Page 48 of 592 Page 49 of 592 Page 50 of 592 Page 51 of 592 Page 52 of 592 Page 53 of 592 Page 54 of 592 Page 55 of 592 Page 56 of 592 Page 57 of 592 Page 58 of 592 Page 59 of 592 Page 60 of 592 Page 61 of 592 Page 62 of 592 Page 63 of 592 Page 64 of 592 Page 65 of 592 Page 66 of 592 Page 67 of 592 Page 68 of 592 Page 69 of 592 Page 70 of 592 Page 71 of 592 Page 72 of 592 Page 73 of 592 Page 74 of 592 Page 75 of 592 Page 76 of 592 Page 1 of 2 Agenda Item No: 7.b. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1417 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic. DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Consent Calendar ATTACHMENTS: 1. AB 361 Findings Reconsideration for All Legislative Bodies Summary: The City Council will consider adopting a resolution reconsidering the circumstances of the state of emergency and implementing teleconferencing requirements for public meetings of the Council and all City Commissions and Boards during the current state of emergency due to the COVID-19 pandemic. Background: The City Council is being asked to consider adopting a resolution authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The current County health orders strongly recommends masking in all indoor facilities due to health and safety concerns. COVID- 19 is highly transmissible in indoor settings and requires multi-component prevention strategies to reduce its spread. The California Department of Public Health is currently investigating the length of vaccine protection. The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible. Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus. The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public and that any person may attend and participate in such meetings. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so, including allowing public access to that location. On March 17, 2020, in order to address the need for public meetings during the COVID-19 pandemic, Governor Newsom issued Executive Order No. N-29-20, temporarily suspending the Brown Act’s teleconferencing requirements, Executive Order No. N-8-2 then continued the suspension of the Brown Act’s teleconferencing requirements from June 11, 2021 through September 30, 2021. These Executive Orders allowed legislative bodies to meet virtually as long as certain notice and accessibility requirements were met. The State Legislature amended the Brown Act through Assembly Bill No. 361 (“AB 361”) on September 16, 2021. As with the Executive Orders, AB 361 requires that certain notice and accessibility requirements continue to be met for holding virtual public meetings. In addition, AB 361 states that a local agency may use teleconferencing without complying with the regular teleconferencing requirements of the Brown Act, where the legislative body holds a meeting during a proclaimed state of emergency and makes certain findings; and requires that the legislative body make additional findings every 30 days in order to continue such teleconferencing. As such, staff recommends that the Council reconsider the circumstances of the state of emergency, and Page 77 of 592 Page 2 of 2 make findings regarding the state of emergency by adopting the Resolution Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic (“Resolution”) attached here as Attachment 1. Discussion: AB 361, codified in part in Government Code § 54953, allows a local agency legislative body to hold a public meeting utilizing teleconferencing without giving public access to a teleconference location but allowing public comment virtually if the Governor has proclaimed a State of Emergency and any of the following circumstances also apply: 1. State or local officials have imposed or recommended measures to promote social distancing. 2. The meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. As amended by AB 361, Government Code § 54953(e)(3) requires cities that are conducting public meetings via teleconferencing during a declared State of Emergency to make findings, within 30 days of the first virtual meeting after AB361 going into effect, and every 30 days thereafter, that the legislative body has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, and/or 2) State or local officials continue to impose or recommend social distancing. Council adopted these findings at their February 16, 2022 meeting. The Council must now adopt, via this Resolution (Attachment 1), the findings that confirm the circumstances of the state of emergency and justify holding public meetings of the Council and all subordinate commissions, boards, and committees utilizing teleconferencing and allowing public comment virtually, pursuant to Government Code § 54953(e)(3). Given recent modifications to the health order, staff is currently working towards a hybrid meeting option that would allow for in-person and remote participation in an effort to accommodate all needs and choices. Staff will be working with the Mayor to coordinate implementation. Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic. 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 Clerk Page 78 of 592 1 RESOLUT ION NO. 2022-XX RESOLUT ION OF THE CIT Y COUNCIL OF THE CITY OF UKIAH IMPLEMENTING TELECONFERENCING REQUIREMENTS FOR CITY COUNCIL AND BOARD AND COMMISSION MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC WHEREAS: 1. The City of Ukiah is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and 2. All meetings of City’s legislative bodies are open and public, as required by the Ralph M. Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; 3. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so ; and 4. On March 17, 2020, in order to address the need for public meetings during the present public health emergency, i.e. the COVID-19 Pandemic, Governor Newsom issued Executive Order No. N-29-20, suspending the Act’s teleconferencing requirements; and 5. On June 11, 2021, Governor Newsom issued Executive Order No. N -8-21, continuing the suspension of the Brown Act’s teleconferencing requirements through September 30, 2021 ; and 6. The State Legislature amended the Brown Act through Assembly Bill No. 361 (AB 361) on September 16, 2021; and 7. AB 361, codified in part at Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and 8. Such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency exists for the state of California due to the conditions caused by the COVID -19 pandemic and the impact on the health and safety of its residents ; and 9. The Delta variant is highly transmissible in indoor spaces, the California Department of Public Health is currently investigating how long vaccine protection lasts, and the Center fo r Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors; 10. Current County health orders impose or measures to promote social distancing due to health and safety concerns; and Page 79 of 592 2 11. In accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and 12. As a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with Government Code § 54953(b)(3), as authorized by § 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in § 54953(e)(2); and 13. The City has taken measures to conduct public meetings via virtual tools that allow members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference. NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, declares, orders, and resolves as follows: 1. That the foregoing recitals are true and correct and inco rporates them by this reference; and 2. The Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect; and 3. County of Mendocino officials have imposed or recommended measures to promote social distancing; and 4. Meeting in person would present imminent risk to the health or safety of attendees; and 5. The City Council of the City of Ukiah has reconsidered the circumstances of the State of Emergency, and finds that: a. The factors triggering the State of Emergency continue to directly impact the ability of the members of the legislative bodies of the City of Ukiah, their staff, and members of the public to meet safely in person; and b. State and County officials continue to impose or recommend measures to promote social distancing. 6. The City Manager or his designee and the legislative bodies of the City of Ukiah are authorized to take all steps an d perform all actions necessary to execute and implement this Resolution in compliance with Government Code § 54953; and 7. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) April 15, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of § 54953(b)(3). PASSED AND ADOPTED this 16th day of March, 2022, by the following roll call vote: Page 80 of 592 3 AYES: NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk Page 81 of 592 Page 1 of 2 Agenda Item No: 7.c. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1429 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Negotiate and Enter into a Contract with Ren Alexander Design for Consulting Services to Assist the Electric Utility Department with the Architectural Services and Plans for the Interior of the Electric Service Center for an Amount not to Exceed $75,000. DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director ATTACHMENTS: 1. 2203_220221_Proposal_UkiahElectric_Ren Alexander Summary: The City Council will consider authorizing the City Manager to negotiate and enter into a contract with Ren Alexander Design for architectural services and plans for the interior of the Electric Service Center. Background: In 2015, Council approved the purchase of a 15,800 sq. ft. building on 2.8 acres at 1350 Hastings Road to be used as the Electric Service Center, centralizing operations for engineering, construction and technical services. In 2021, Council approved the contract for Phase 1 of the project, which consisted of the site improvement portion of the property, including grading, roofing and fencing. Phase 2 of the project consists of the renovation of the interior of the building to modify the existing suites to accommodate office space, conference rooms and warehousing for all functions of the utility. A third phase of the project is to add solar generation to the rooftop as well as raised structures which will increase Ukiah's eligible renewable portfolio. The site improvements are 85% complete with the remaining portion of work held up due to supply chain delays of electrical equipment. The anticipated completion is scheduled for fall of 2022. Currently, the electric department construction crew is housed at the corporation yard with engineering and administrative staff divided between City Hall, the corporation yard and a small, temporary office at the Service Center that was set up to separate staff during the pandemic. The consolidation of material, equipment, and staff will greatly increase productivity and collaboration between all functions of the utility. Discussion: Staff reached out to seven different architectural firms, both locally and in neighboring counties, in an effort to determine availability and discuss the scope of the project. Each firm notified staff that they were unable to complete the work due to heavy workloads. The City Manager's office became aware of a new architectural team who had recently relocated to Ukiah. Upon contacting them, they determined that they could manage to include the project in their current workload and they provided a proposal (Attachment 1). Ren Alexander Design is new to Ukiah but has almost 20 years of combined architectural experience. Staff recommends authorizing the City Manager to negotiate and enter into a contract with Ren Alexander Design for consulting services to assist the Electric Utility Department with the architectural services and plans for the interior of the Electric Service Center. Funds are budgeted and available in 80126100.80220.17023. Page 82 of 592 Page 2 of 2 Recommended Action: Authorize City Manager to negotiate and enter into contract with Ren Alexander Design for consulting services to assist the Electric Utility Department with architectural services and plans for the interior of the Electric Service Center for an amount not to exceed $75,000. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 80126100.80220.17023; $491,679. PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Page 83 of 592 Proposal for Services Hello Cindy, We are very pleased to present the following proposal to provide Architectural Services for the proposed project at 1350 Hastings Avenue as outlined below. Our goal is to complete a unique, distinctive, and functional design for the project, which will satisfy your needs and requests. For your convenience, we have minimized this document to highlight the key areas of this proposal. The terms and conditions set forth in Exhibit A, attached hereto, are incorporated into this Agreement for reference. Agreement: 1.Initial Information and Assumptions 1.1.Client [City of Ukiah Electric Utility Department] and R/A [Ren/Alexander Design] agree the basic scope of the Project [the “Basic Services”] is as follows: Our understanding of the scope of work and project assumptions are listed below. Any variance from the items outlined below may require a revision to the proposed fees set forth herein, subject to prior approval by Client. Basic Project Assumptions 1.Project square footage = Approximately 11,500 sqft. of existing 15,000 sqft. warehouse building. 2.This project will comply with the relevant Codes adapted by the City of Ukiah 3.Client has provided R/A with prior plans of as-built conditions and space planning for reference purposes only. 4.R/A will extract programmatic features from preliminary plans provided by Client, and from additional feedback from Client. 5.Mechanical, electrical and plumbing consultants shall be retained by Client. R/A will assist in consultant onboarding and coordination. 6.Security, telecom, and audio/visual services shall be retained by Client if desired. 7.Interior designer shall be retained by Client and will provide furniture layout plans, furniture speciﬁcations and material ﬁnish speciﬁcations where indicated. 8.Title-24 energy consultant to be retained by Client. R/A will assist in consultant onboarding and coordination. 9.Fire protection and ﬁre sprinkler design to be Design Build under General Contractor as required. 10.This proposal assumes this project will be permitted, bid, and constructed in one phase of work. 11.The permitting entity is the City of Ukiah Department of Building Inspection [DBI], this project will comply with the relevant Codes adopted by the City of Ukiah Project: Ukiah Electric Utility Department: Building Renovation Date: 2/21/2022 To: Cindy Sauers City of Ukiah Electric Utility Director 1350 Hastings Avenue Ukiah, CA 95482 From: Steven Ratley Ren / Alexander Design 301 Scott Street Ukiah, CA 95482 REN / ALEXANDER Page of 1 10 REN / ALEXANDER Page 84 of 592 Proposal for Services Projected Scope of Work and Program Exterior Alterations •North Retail Entrance: Review to accommodate fork lift. •West Elevation: Inﬁll existing roll-up doors and provide and new windows / doors. •East elevation: Inﬁll existing roll-up doors and provide new storefront windows / doors. •South Elevation: Second level South and West new windows. •Roll up door connection to outdoor Patio and BBQ Area. Interior Alterations •General : New lighting, ceiling treatment, ﬂoor ﬁnish, and interior ﬁnishes throughout. •Bay 1 : Retail Showroom - Closed in conference room, reception area, bathroom redesign, corridor access to offices. •Bay 2 and 3 : Offices & document storage - Connecting corridor. •Program includes: 9 offices, 1 bathroom block, 1 break room. •Disassemble / reuse heavy timber mezzanines & repurpose. •Assess and redesign stair access to mezzanines. •Warehouse 4: Break room, maintain stair core, bathroom, enclose existing utilities, large conference room (20 person), stretching area, eyewash stations, ice machine, workbench, access to outdoor patio and document storage. •Second Floor: Storage. AV enclosed room, central storage area. •Warehouse 5: Bull Room - Small enclosed office, kitchenette, workbench, conference area with tv screen(s), whiteboards. 2.Scope of Services 2.1.Basic Services During Design, R/A’s Basic Services consist of those described in this Article 2. Services not set forth in this Article 2 are considered Additional Services, as outlined under Article 3. 2.1.1.R/A shall research applicable design criteria, attend project meetings as required, communicate with members of the project team, and report progress to the Client. 2.1.2.R/A shall coordinate its services with those provided by the Client and Client’s consultants. R/A shall be entitled to rely upon, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Client and Client’s consultants. R/A shall provide prompt written notice to the Client if R/A becomes aware of any error, omission, or inconsistency in such services or information. 2.1.3.R/A shall not be responsible for a Client’s directive or substitution, or for the Client’s acceptance of non- conforming work, made or given without R/A’s written approval. 2.1.4.R/A shall contact governmental authorities required to approve the construction documents for the Project. R/A shall respond to applicable design requirements imposed by those authorities and entities. 2.1.5.R/A shall assist the Client in connection with the Client’s responsibility for ﬁling documents required for the approval of governmental authorities having jurisdiction over the Project. REN / ALEXANDER Page of 2 10 Page 85 of 592 Proposal for Services 2.2.Phase I : Programming & Pre-Design Phase [PD] Estimated timeframe : 1-2 weeks Proposed Fee : Fixed Fee $6,000 [serves as deposit] During PD we work with the Client to reﬁne the Program and Scope of Work. The PD phase includes the following scope: 2.2.1.Existing Conditions and Survey: Client has provided R/A with As-Built drawings and will provide a Site Survey to establish existing conditions and base working documents. 2.2.2.Geology and Soils Testing/Report: Client will provide R/A with a current soils report by a licensed geologist in the state of California to establish existing soil conditions and recommendations for design solutions for building foundations, excavation and grading strategies, earth retaining and shoring requirements and values, as well as compaction and ﬁll requirements. 2.2.3.Zoning/Code Review: R/A will conduct a zoning/code compliance review of the existing property and the proposed scope of work. This includes any meetings and/or correspondence with Local Officials of the City or local governing authority. Any restrictions or parameters established from this review will be presented by R/A to the Client. 2.2.4.Design Meeting: R/A and Client will host a maximum of [2] two meetings to develop program requirements and establish a single preferred Space Plan. 2.2.5.Issuances for this phase: •Finalized Program List & Space Plan(s). 2.3.Phase II : Schematic Design Phase [SD] Estimated Duration : 2 - 3 weeks Proposed Fee : Fixed Fee - $15,000 During SD we work with the Client to reﬁne the Program and Scope of Work, as well as develop base ﬂoor plan and elevations, interior material palette options. Written approval of both the Program and a single Schematic Design option will be provided by the Client before commencing to the next phase. The SD phase includes the following scope: 2.3.1.Precedent Imagery & Sketches: R/A will prepare a presentation and/or shared cloud document for the harvesting of inspiration and precedent imagery to share with the Client. These inspiration images will help to declare the design aesthetic, features, and look and feel of the scope of work. 2.3.2.Consultant On-Boarding: R/A will assist the Client in on-boarding appropriate consultants for the coordination of services and initial permitting requirements, as well as appropriate infrastructure and planning purposes. These consultants must include, but are not limited to; Structural Engineer, CA Title-24 Energy Consultant, MEP Engineer. 2.3.3.Design Meetings: R/A and Client will host a maximum of [2] two meetings to develop design direction and establish a Schematic Design. If additional meetings are required, Additional Services will be requested. 2.3.4.Issuances for this phase: •Schematic drawing package of the design in 2D and 3D concepts, which will include the proposed Scope of Work and Design Intent. This drawing package will focus on the primary interior spaces such as retail bay, offices bay, and other areas of focused importance. •Exterior Elevations with updated door & window placement •Reﬁned Floor plan(s) REN / ALEXANDER Page of 3 10 Page 86 of 592 Proposal for Services 2.4.Phase III : Design Development & Building Permit Phase [DD] Estimated Duration : 4 - 6 weeks Proposed Fee : Fixed Fee - $28,000 During DD we work with the Client to reﬁne the Schematic Design, and develop a Building Permit Application and Drawing Set of the proposed Scope of Work. Written approval of the Design Development will be provided by the Client before commencing to the next phase. Estimated time does not include Permit Application review/approval time. The D.D. phase includes the following scope: 2.4.1.Design Meetings: R/A and Client will host a maximum of [2] two meetings in order to develop the speciﬁc design features, further reﬁning the scope of work and documentation into a singular focused design direction and deﬁned scope of work. If additional meetings are required, Additional Services will be requested. 2.4.2.Consultant Coordination: R/A will assist in the coordination of consultant services, ﬁnal permitting and construction requirements. These consultants include, but are not limited to; MEP Engineer, T-24 Energy Consultant, and Interior Designer. 2.4.3.Permit Scope: Determine Building Permit Compliance requirements and required applications, and prepare documents for ﬁling of all required Building/Engineering Level Permit Applications. 2.4.4.Issuances for this Phase: •Building Permit Drawing Set: includes 3D renderings, Floor Plans, Exterior Elevations, Interior Elevations, Building Sections, Door & Window Schedules, Title-24 Calculations, CalGreen Documentation, Reﬂected Ceiling Plans & Lighting, MEP Plans, Any Consultant Drawings & Calculations •Drawing revisions triggered by plan check comments from any local regulatory agency 2.5.Phase IV : Construction Documents Phase & Value Engineering [CD] Estimated Duration : 2-4 weeks Proposed Fee : Fixed Fee - $10,000 During CD we work to create a document set to function as a Contract Set, as well as a document set that a General Contractor can use as the basis for construction. The CD phase includes the following scope: 2.5.1.Consultant Coordination: Coordination of Interior Design, Lighting, Structural, Mechanical, Plumbing, Electrical, and T-24 Energy Calculations will be consolidated for the ﬁnal time for a coordinated set of documents. 2.5.2.Typical and Location Speciﬁc Detail Drawings to clarify design intent. 2.5.3.Issuances for this Phase: •Construction Drawing Set as the basis for the construction and Contract with a General Contractor. This drawing set will become the governing document to establish ﬁnal building design and speciﬁcations. This drawing set will include all ﬁnal consultant drawings and documentation along with the ﬁnal architectural details. REN / ALEXANDER Page of 4 10 Page 87 of 592 Proposal for Services 2.6.Phase V : Bidding, Contractor Negotiations & Value Engineering [BN] Estimated Duration : 2-4 weeks Proposed Fee : Billed Hourly [$150/hour on As-Needed Basis] During BN we will work with the Client to review General Contractor Bids for completeness and accuracy. In addition R/A will review any Value Engineering proposals and/or Requests for Information provided by prospective General Contractors for review with the Client. The BN phase includes the following scope: 2.6.1.Bid Review: R/A and Client will review General Contractor estimates for completion and accuracy with the Bid Documents. A meeting with each General Contractor will be conducted to allow for presentation of the bid, and questioning along with the Client. 2.6.2.Requests for Information: R/A will review and respond to General Contractor Requests for information or questions generated in the preparation of estimates. If these requests or questions have material impact to the design intent or scope of work, R/A will present those to the Client for further discussion. 2.6.3.Value Engineering: If deemed necessary to adjust the Scope of Work or Construction Documents to adjust the total cost of the Project, R/A and Client will work with the preferred General Contractor to execute any adjustments needed to target a cost savings. 2.6.4.Issuances for this Phase: •Any drawing addenda to clarify General Contractor Bid questions 2.7.Phase VI : Construction Administration [CA] Estimated Duration : Time and Materials for duration of construction Proposed Fee : Billed Hourly [$150/hour on As-Needed Basis] During CA, we will act as the Client’s advocate during construction and work with the Contractor to answer questions, interpret Construction Documents, and assist with ﬁnal design decisions as required by the Client on an as-needed basis. 2.7.1.Construction Observation: R/A will review progress schedule, review General Contractor Change Orders, and respond to Request’s For Information [RFI’s]. 2.7.2.Submittals: R/A will review applicable shop drawings and submittals prepared by the General Contractor, Subcontractors, and Vendors for compliance with the design and Contract Documents. 2.7.3.Progress Meetings: Attendance of R/A at weekly or bi-weekly construction meetings. In addition, R/A will conduct observation of the construction and report progress to the Client. 2.7.4.Close-out: R/A will prepare a project punch-list to document compliance with design intent and execution standards. This document will serve as the means to reach ﬁnal project close-out, and turnover of building to Client. REN / ALEXANDER Page of 5 10 Page 88 of 592 Proposal for Services 3.Additional Services: R/A may provide the following Additional Services after execution of this letter of engagement without invalidating the agreement. Any Additional Services provided in accordance with this article 3 shall entitle R/A to additional compensation pursuant to Article 6. 3.1.Services necessitated by a change in the description of work, previous instructions or approvals given by the Client, or a material change in the project including size, quality, complexity, or procurement or project delivery method. 3.2.Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared instruments of service at the Client’s request. 3.3.Changing or editing previously prepared instruments of service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to speciﬁc interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the instruments of service when those instrument of service were prepared in accordance with the applicable standard care. 3.4.Services necessitated by decisions of the Client not rendered in a timely manner or any other failure of performance on the part of the Client. 3.5.Preparing digital models, digital renderings, or other design documentation of the work for transmission to the Client’s consultants, or to other Client-authorized recipients. 3.6.Preparation for, and attendance at, a public presentation, meeting or hearing, unless otherwise noted in the Basic Scope of Services in Article 2.. 3.7.Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where R/A is party thereto. 4.Notable Exclusions: This proposal speciﬁcally excludes the following: 4.1.Materials testing and inspections or selective demolition. 4.2.Site surveys including but not limited to; utilities, topographic, ﬂoor leveling, window conditions, etc. 4.3.Geo-technical investigations. 4.4.Work related to the investigation or handling of Hazardous Materials. 4.5.Preparation for, or presentations at any City of Ukiah Commissions, Boards, Agencies, etc. 4.6.Design for alternative tenants or uses after the space plan has been permitted. 4.7.Any design work on a new or alternative location(s). 4.8.Material changes to the design after receipt of a Phase sign-off by Client 4.9.Engineering or design consultants and associated Fees. 4.10.Engagement of a permit expeditor. 4.11.Construction cost estimating except as otherwise set forth herein. 4.12.Preparation of As-built drawings, post-construction 4.13.Services if the project is constructed in multiple phases. 4.14.Unreasonable and material delays in the progress of the work through no fault of R/A. 4.15.Client graphics or identity signage. 4.16.LEED Certiﬁcation at any level 4.17.Work beyond (by a material period of time) assumed durations of each phase. Speciﬁcally, the construction phase – this proposal assumes an 11 to 13 week duration, should construction take longer, R/A will propose additional fees which shall be subject to Client’s review and approval. 4.18.Support for any CEQA related submissions or processes. R/A would be pleased to provide written additional service proposals for any of these items, if requested, with the exception of Items 1 through 4. REN / ALEXANDER Page of 6 10 Page 89 of 592 Proposal for Services 5.Professional Fees: For the Basic Services outlined in this proposal, the Client shall compensate R/A under a Stipulated Sum/Fixed Fee as outlined below. R/A is not responsible for Client’s Consultant Fees, Permit Fees, or other expenses not attributed to R/A. The Stipulated Sum outlined below is based off the Basic Services Phases as outlined in Article 2. Basic Services Programming / PreDesign [PD] $ 6,000 due at Contract Signing Schematic Design [SD] $ 15,000 Design Development [DD] $ 28,000 Construction Documents [CD] $ 10,000 Total Basic Services: $ 59,000 Fixed Fee Construction Phase Bidding & Negotiations [BN] $150 / hour Time and Materials Construction Administration [CA] $150 / hour Time and Materials 6.Hourly Rates and Reimbursable Expenses: Reimbursable Expenses are in addition to compensation for Basic and Additional Services and shall mean reasonable expenses incurred by R/A and R/A’s employees and consultants directly related to the Project, as identiﬁed below: 6.1.Hourly rates for Ren/Alexander for Additional Services, Construction Administration, and for Reference by the Client are to be provided at a set fee of $150.00 per hour. 6.2.R/A shall be reimbursed for expenses attributed to R/A at cost. Payments are due and payable upon Client’s receipt of R/A’s invoice. 6.3.Undisputed amounts unpaid thirty [30] days after the invoice date shall bear interest from the date payments are due at a rate of 3% per month or the maximum rate allowed by law, whichever is less, such rate to be charged on the unpaid balance. •Mileage for Vehicular Transportation 54.5 cents per mile. •Printing/Hard-Copies of Documents Reimbursable at cost. •Sample/Material Purchase Reimbursable at cost. •Permit Application Fees Reimbursable at cost. •Showroom/Vendor Visits $150.00 per hour. R/A Hourly Rates Effective 1 January 2022 Principal $150 / hour Project Manager $150 / hour Project Architect $150 / hour Designer/Drafter $105 / hour Administration/Clerical $ 50 / hour REN / ALEXANDER Page of 7 10 Page 90 of 592 Proposal for Services 7.Scope of Proposal 7.1.This Proposal represents the entire and integrated agreement between the Client and R/A, and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by a written instrument signed by both the Client and R/A. 7.2.This agreement is comprised of the following documents identiﬁed below: 7.2.1.Proposal, dated 21 February 2022 7.2.2.Exhibit A: Terms And Conditions We thank you for the opportunity to provide you with this proposal, and look forward to realizing your goals. This proposal is valid for [30] thirty days upon the date listed on this proposal. If the terms of this proposal are agreeable, please sign below and return one copy. I look forward to the opportunity to work with you on this project. Please do not hesitate to call if you have any questions. Sincerely, Steven Ratley & Kali Gordon REN / ALEXANDER Page of 8 10 Client: ____________________________________________________ [Signature] ____________________________________________________ [Printed Name and Title] Ren / Alexander Design ____________________________________________________ [Signature] ____________________________________________________ [Printed Name and Title] Page 91 of 592 Proposal for Services Exhibit A: Terms and Conditions 1.General Conditions 1.1.R/A fees, hourly rates, mileage rates, and other fees quoted in this agreement shall be valid for twelve (12) months. R/A reserves the right to increase these fees if services are required beyond twelve (12) months. 1.2.The Client has the right to cancel R/A services at any time for cause or for the Client’s convenience and will be responsible only for payment of services performed up to the date of cancellation ($150/hour rate times number of unpaid hours). Any cancellation of R/A services shall be done in writing. The Client shall give at least two (2) weeks advance notice prior to cancellation. 1.3.If the Client breaches the terms of this agreement and such breach is not cured within seven (7) days written notice from R/A, R/A may stop work and/or terminate this agreement and the Client shall pay all amounts due to R/A for its work prior to such stoppage or termination. Further, R/A shall have any and all other remedies available at law or equity as a result of such breach by Client. R/A shall not be responsible for any damages or delays to Client caused as a result of the stoppage of R/A’s work. In the event of default by the Client hereunder, the Client agrees to pay all costs of collection and enforcement incurred by R/A, including reasonable attorney fees and expenses. 1.4.Revisions and addendums requested after the issuance of ﬁnal construction documents will be billed at a rate of $150/hour, unless such revisions are made necessary by R/A’s error or omission. 1.5.R/A shall have the right to use any drawings and photographs taken before, during, and after construction for marketing purposes. 1.6.R/A shall not be liable to the Client for any special, indirect, incidental or consequential damages arising from a breach of this agreement. The liability of R/A to the Client for any breach shall be limited to sums paid and/or due and owing by the Client to R/A under this agreement. 1.7.R/A is an independent contractor and nothing contained in this agreement shall create or be deemed to create an employment, agency, joint venture or partnership relationship between R/A and the Client. 1.8.This document and the attached exhibits and addendums constitutes the entire agreement between the parties relating to R/A’s work on the project. All prior, contemporaneous and preliminary negotiations, understandings, agreements, covenants and representations are merged herein. No representations, warranties or promises pertaining to this agreement have been made by, nor shall be binding upon, either of the parties, except as expressly stated in this agreement. This agreement may not be amended or modiﬁed orally, but only by an agreement in writing signed by all parties hereto. 2.Invoicing Procedures 2.1.All invoices must be paid the 15th of the following month or 2 weeks from receipt of invoice, whichever is sooner. Payments can be paid via check. 2.2.Checks shall be made payable to Ren/Alexander Design 2.3.Interest at 1.5% per month (but not exceeding the maximum rate allowed by law) will be payable on all amounts not paid within 60 days. Payments thereafter shall be applied ﬁrst to accrued interest and then to unpaid principal. 3.R/A Responsibilities 3.1.R/A shall perform its services consistent with professional skill and care standard to its industry and as expeditiously as is ordinarily provided by R/As practicing in a similar locality under similar circumstances. 3.2.R/A shall not engage in any activity, interest, or contribution that would reasonably appear to compromise R/A’s professional judgement with respect to this Project without the Client’s knowledge. 3.3.R/A shall maintain General Liability Insurance consistent with the professional norms for the duration of this Agreement. If unique aspects of the Project require that R/A exceed the types and limits of coverage R/A normally maintains, the Client shall reimburse R/A for such additional costs. 3.4.R/A shall coordinate its services with the services provided by the Client and the Client’s consultants. R/A shall rely on the accuracy and completeness of the information provided by the Client. R/A shall promptly notify the Client of any inconsistencies in this information provided by the Client. REN / ALEXANDER Page of 9 10 Page 92 of 592 Proposal for Services 4.Client Responsibilities 4.1.The Client shall provide information in a timely manner. This information includes Project program, Client’s objectives, schedule, constraints, special equipment, special site constraints, etc. 4.2.The Client shall respond to R/A’s requests and questions in a timely manner. Any delay in the schedule due to the lack of timeliness of the Client in requests or decisions shall require a modiﬁcation to the Fee. 4.3.The Client shall establish and periodically update the budget for the Cost of the Work for the Project. If the Client increases or decreases the budget for the Cost of the Work, the Client shall notify R/A. The Client and R/A shall then agree to a corresponding change in the Project’s scope and quality, and a modiﬁcation to the Fee, if required. 4.4.The Client shall furnish a site survey including all topographic information and built information as related to the site. All information in this survey shall serve as the starting point for the Project. 4.5.The Client shall furnish the services of a geotechnical engineer to provide a geotechnical survey, which will be the basis of the future foundation design, as required by the local authorities and the structural engineer. 4.6.Other than R/A, all consultants required for the Project shall be directly engaged by the Client including but not limited to structural and MEP engineers, interior designer, title-24 energy consultant. The Client shall coordinate the services of its own consultant as described above with those services provided by R/A. 5.Limit of Liability 5.1.To the fullest extent permitted by law, the total liability, in the aggregate, of R/A and its officers, directors, partners, employees, agents, and sub-consultants, to the Client, and anyone claiming by, through, or under the Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by R/A as set forth in this Agreement. 6.Claims and Disputes 6.1.The Client and R/A shall commence all claims and causes of action with the applicable limitations period provided by law, but in any case not more than 10 years after the date of Substantial Completion of the Project. 6.2.The Client and R/A shall work to resolve claims and disputes between them by mediation which shall be administered in the State of R/A’s headquarters or by the American Arbitration Association. A request for mediation must be delivered to the parties in writing and ﬁled with the entity administering the mediation. 6.3.The mediation shall be held in the State of R/A’s headquarters, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 6.4.If the parties do not resolve a dispute through mediation, the method for binding resolution shall be arbitration, which shall be administered in the State of R/A’s headquarters or by the American Arbitration Association. The award rendered by the arbitrator shall be ﬁnal in accordance with applicable law. 6.5.The laws of the United States of America, and speciﬁcally the State of California, shall be applicable in the interpretation and enforcement of this Agreement. 6.6.In the event the Client fails to submit themselves to mediation or arbitration, R/A may seek relief in a state court of California, and Clients hereby waive all arguments related to jurisdiction or service of process and submit to the jurisdiction of the Court, including by default judgment. 7.Termination or Suspension 7.1.If the Client fails to make payments to R/A in accordance with this agreement, R/A may suspend services. R/A assumes no liability to the Client for delay or damage due to the suspension of services. Before resuming work, R/A shall be paid all sums due. 7.2.In the event the Client suspends the Project, R/A shall be compensated for services performed prior to notice of suspension. In the event of termination due to no fault of R/A, R/A shall be compensated for all services performed prior to termination within 30 days thereof. 7.3.Either party may terminate this agreement with seven days’ written notice to the other should the other party fail to perform in accordance with this agreement. REN / ALEXANDER Page of 10 10 Page 93 of 592 Page 1 of 3 Agenda Item No: 7.d. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1210 AGENDA SUMMARY REPORT SUBJECT: Approve the Purchase of Radio and Pagers in the Amount of $225,276.40 through Leavitt Communications, Approve the Purchase of Headsets in the Amount of $10,760.53 through The Radio Guys, and Approve Corresponding Budget Amendments. DEPARTMENT: Fire PREPARED BY: Eric Singleton, Battalion Chief PRESENTER: Doug Hutchison, Fire Chief ATTACHMENTS: 1. Bid Tabulation -RFB E39158 - Bendix King 2. Bid Tabulation -RFB E39159 - Motorola Pagers 3. Bid Tabulation -RFB E39160 - Headsets 4. BKR-5000_Brochure 5. KNGMobileRadio_Brochure Summary: Council will consider approving the purchase of radio and pagers in the amount of $225,276.40 through Leavitt Communications, approve the purchase of headsets in the amount of $10,760.53 through The Radio Guys, and approve corresponding budget amendments. Background: Due to Federal Communications Commission (FCC) regulations, all Fire Department Analog Radios are mandated and required to be replaced with Digital Radios. Currently, all radios operated by UVFA are analog. The FCC's move from analog to digital was needed to increase and improve radio efficiency along with meeting the radio spectrum's increasing service demand by the Narrow Banding (allowing for additional channels) of frequencies. Currently, all UVFA radios are not capable of changing from analog to digital, placing UVFA out of compliance in which steep fines could be imposed by the FCC. UVFA currently uses the Bendix King GPH5102X-CMD for handhelds and Kenwood TK-790 VHF for mobile radios. Unfortunately, due to the age of the radios, they are well past their useable service life, and cannot be upgraded, as they have been in service fifteen plus years. UVFA Staff have continually dealt with radios not functioning properly, causing safety issues such as not being able to communicate or relay information. Parts for these units are also no longer manufactured, causing Staff to use recycled parts from other units which are non-operational. Additionally, moving from analog to digital will considerably increase the safety of team members while working in the field, allowing for clearer and more constant communications, allowing the UVFA to provide the highest standard of service to the community professionally and safely. Discussion: As the need to upgrade our communications was identified, UVFA Staff planned for the replacement of all radio communication devices as a two-phased purchase which was added and approved by the Council in the Capital Improvement Plan (CIP) in June of the fiscal year 2021-22. Initially, $225,000 was identified for the phase-one purchase (fiscal year 2021-22) along with the phase-two purchase (fiscal year 2022-23) for $153,200. However, the amounts programmed in the CIP for 2021-22 were reduced to $0 in the recommended budget, pending results of annexation efforts with the Ukiah Valley Fire District. Since that time, the annexation has been completed. Additionally, the UVFA has been able to secure an additional $45,000 for the fiscal year 2021-22 through the County of Mendocino from PG&E Settlement funds to be used towards the completion of the radio purchases. Page 94 of 592 Page 2 of 3 Through the innovative work of the UVFA Staff, who researched and tested multiple radio manufacturers, BendixKing radios were selected for their durability, reliability, interoperability (with surrounding agencies), and cost-effectiveness. Bendix King originally started out in radio communications as an aviation-based company in 1948. In 1983, with the merger of a few other communications companies, their service branched out to public safety (firefighter) and civilian radio communications. Bendix King has since become a leader in the market with their innovation and ideology pushing radio communications into the future, making communications and radio frequencies able to go farther with clearer transmissions. The BKr5000 VHF (136-174MHz) P-Series was selected for the handheld radios. The P-Series was built and designed for the modern fire service. The button configuration was made to be operated with or without gloves on. Allowing firefighters to use the radios freely navigating multiple channels while in hazardous areas which require protective gear to be worn and remain in place. They are sealed units, which means being sprayed with water will not cause inoperability. Currently, CalFire is transitioning to the BKr5000, easing interoperability with neighboring agencies, which will also increase the availability of parts along with programming changes from California state radio technicians. Up to 2048 channels can be stored in the units, allowing for the state radio-load to be added, which is currently run statewide, allowing the radios to work regardless of the location (mutual aid requests through OES), which enables communication with adjoining forces. Additionally, for firefighter safety, they have an energy button for Maydays to immediately alert in dangerous life-threatening situations. For the mobile radios (vehicle radios), the Bendix King KNG M150 VHF (136-174MHz) P25 was selected. The unit is a remote mount, meaning the body and the head of the radio can be installed separately, easing the installation utilizing the best location, allowing for the head of the radio to be placed where it is needed and not be constrained by size. Like the BKr5000, it has 2048 channels, allowing for the state radio-load to be uploaded. Maintaining the same manufacturer for both handhelds and mobile radios gives an added bonus for programming and cloning multiple channels, as one unit can clone (program) the rest of the radios, which adds additional cost-savings when changes to programming come about, only having to have one programed, while UVFA Staff program the remaining. The Minitor VI VHF (143-174mhz) 2-5 channel was selected for our portable pagers, for mobile, off-duty, and volunteer paging response. The Minitor was selected for its durability, the ability for multiple frequency programming (open radio channel, emergency callback only, first alarm or greater call, etc.,). Additionally, Minitor was built user-friendly for the end-user, along with user-friendly programming allowing staff to upload and change programming when necessary. Additional purchases include all accessories needed and required for the operation of radio equipment (microphones, cloning cables, rechargeable and battery operated batteries, vehicle wiring harnesses, antennas, etc.,). This includes the replacement of current apparatus headsets (David Clark Headset-H3432) which are designed to protect team members from hearing loss due to the sound decimal rating produced by sirens, along with maintaining good communications via radio and person to person with pertinent information, allowing for optimal strategic and tactical decisions to be made. As with updating the radios, all the equipment must be updated as well, as current equipment is not compatible. The Purchasing Department released three Requests for Bids: one for the Bendix King radios and accessories, one for the Motorola pagers, and one for the David Clark Headsets. Please refer to Attachments 1, 2 and 3 for a copy of the bid tabulations. As a result of the bid requests, staff is requesting the Council's approval to award the purchase of the Bendix King radios and accessories, as well as the pagers, to Leavitt Communications in the amount of $225,276.40; and award the purchase of the headsets to The Radio Guys in the amount of $10,760.53; for a total project cost of $236.036.93. Funding will be provided by a combination of PG&E settlement funds, City Funds from the American Rescue Plan Act, and Ukiah Valley Protection District revenues. Page 95 of 592 Page 3 of 3 Brochures for BKR 5000 Portable Radio and the BK Technologies KNG P25 Mobile Radio have been added as Attachments 4 and 5 respectively. Recommended Action: Approve the purchase of radio and pagers in the amount of $225,276.40 through Leavitt Communications, approve the purchase of headsets in the amount of $10,760.53 through The Radio Guys, and approve corresponding budget amendments. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 10521210.54100.18240: $0 PROPOSED BUDGET AMOUNT: 10521210.54100.18240: $236,036.93; 10521210.48110: $45,000; 10500000.91100: $95,518; 10521210.47110: $95,518 FINANCING SOURCE: County of Mendocino PG&E Settlement Funds: $45,000; American Rescue Plan Act funding: $95,518; and revenues derived from UVFD taxes and assessments: $95,518 PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Doug Hutchison, Fire Chief Page 96 of 592 Description Quantity Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Bendix King BKR5000‐T3YC‐1, BKR 5000 VHF Radio, M III CMD Top & Front Display, full key pad. Include BKR‐BKF VHF, Blue Tooth & GPS, Yellow, Belt Clip 49 1,330.00$ 65,170.00$ 1,315.98$ 64,483.02$ 1,403.38$ 68,765.62$ 1,685.00$ 82,565.00$ 1,265.00$ 61,985.00$ 1,325.00$ 64,925.00$ 1,260.50$ 61,764.50$ 1,363.48$ 66,810.52$ 1,471.51$ 72,103.99$ 1,333.93$ 65,362.57$ 1,333.93$ 65,362.57$ Bendix King BKR0810GPS Antenna, GPS, VHF, 136‐174 MHz, BKR‐P Series 49 53.30$ 2,611.70$ 54.73$ 2,681.77$ 54.00$ 2,646.00$ 53.95$ 2,643.55$ 57.11$ 2,798.39$ 59.95$ 2,937.55$ 49.75$ 2,437.75$ 54.20$ 2,655.80$ 58.53$ 2,867.97$ 53.06$ 2,599.94$ 53.06$ 2,599.94$ Wicked 901‐1243‐V Antenna, Big Boost Blue, 18' Whip, 2.1 db Gain 150‐170 mhz 14 54.00$ 756.00$ 49.00$ 686.00$ 60.00$ 840.00$ 52.00$ 728.00$ 35.00$ 490.00$ 58.95$ 825.30$ 49.75$ 696.50$ 55.00$ 770.00$ 39.00$ 546.00$ 42.00$ 588.00$ 27.87$ 390.18$ Bendix King BKR0101 Battery Pack, Li‐Ion 4900 Mah, Smart, BKR‐P Series 103 153.00$ 15,759.00$ 158.01$ 16,275.03$ 160.30$ 16,510.90$ 150.75$ 15,527.25$ 148.39$ 15,284.17$ 157.00$ 16,171.00$ 144.65$ 14,898.95$ 156.59$ 16,128.77$ 169.00$ 17,407.00$ 159.00$ 16,377.00$ 153.20$ 15,779.60$ Bendix King BKR0120 Battery, Clamshell, 12 "AA", Orange Case 60 98.00$ 5,880.00$ 101.07$ 6,064.20$ 102.54$ 6,152.40$ 99.25$ 5,955.00$ 96.68$ 5,800.80$ 95.95$ 5,757.00$ 92.55$ 5,553.00$ 100.01$ 6,000.60$ 108.10$ 6,486.00$ 98.00$ 5,880.00$ 97.66$ 5,859.60$ Bendix King BKR0203 Speaker Mike w/3.5mm Jack, IP68 Submersible & Emergency Button 50 217.00$ 10,850.00$ 223.15$ 11,157.50$ 226.39$ 11,319.50$ 220.00$ 11,000.00$ 209.57$ 10,478.50$ 205.95$ 10,297.50$ 204.50$ 10,225.00$ 221.15$ 11,057.50$ 238.68$ 11,934.00$ 216.37$ 10,818.50$ 216.37$ 10,818.50$ #EC6M‐BK3 Charger, Smart, Desktop, 6‐Bay, BKR‐P Series 6 375.00$ 2,250.00$ 309.89$ 1,859.34$ 399.97$ 2,399.82$ 460.00$ 2,760.00$ 394.80$ 2,368.80$ 395.00$ 2,370.00$ 299.00$ 1,794.00$ 401.54$ 2,409.24$ 380.07$ 2,280.42$ 277.64$ 1,665.84$ 447.11$ 2,682.66$ Bendix King #EC1M‐BK3 BKR5000 Single Unit Vehicle Charger w/Mounting Bracket and Radio Hold Down Alternate for LiIon & LiPo Batteries Only 1 69.95$ 69.95$ 111.32$ 111.32$ 125.00$ 125.00$ 72.00$ 72.00$ 67.47$ 67.47$ 65.95$ 65.95$ 62.50$ 62.50$ 86.27$ 86.27$ 82.15$ 82.15$ 58.50$ 58.50$ 57.87$ 57.87$ Bendix King KNG‐M150R Mobile Radio, Remote Mount VHF P25, 50 watt, 2048 channel 33 1,590.00$ 52,470.00$ 1,638.30$ 54,063.90$ 1,680.00$ 55,440.00$ 1,820.00$ 60,060.00$ 1,542.94$ 50,917.02$ 1,595.00$ 52,635.00$ 1,501.50$ 49,549.50$ 1,643.43$ 54,233.19$ 1,773.66$ 58,530.78$ 1,650.00$ 54,450.00$ 1,607.83$ 53,058.39$ Bendix King KAA0660 Remote Control Head Kit for KNG ‐ include KAA0638 install kit 45 780.00$ 35,100.00$ 803.85$ 36,173.25$ 876.00$ 39,420.00$ 895.00$ 40,275.00$ 747.93$ 33,656.85$ 799.95$ 35,997.75$ 731.50$ 32,917.50$ 796.65$ 35,849.25$ 859.77$ 38,689.65$ 769.00$ 34,605.00$ 779.38$ 35,072.10$ Bendix King KAA0290S Microphone, Handheld Programming, Straight Cord 45 204.00$ 9,180.00$ 210.45$ 9,470.25$ 219.00$ 9,855.00$ 234.00$ 10,530.00$ 201.30$ 9,058.50$ 205.00$ 9,225.00$ 192.50$ 8,662.50$ 208.56$ 9,385.20$ 225.09$ 10,129.05$ 204.05$ 9,182.25$ 204.05$ 9,182.25$ Bendix King KAA0636 Cable, Remote Mount, 17' for KNG‐R Radio 33 86.00$ 2,838.00$ 88.55$ 2,922.15$ 100.10$ 3,303.30$ 99.00$ 3,267.00$ 84.70$ 2,795.10$ 95.95$ 3,166.35$ 82.50$ 2,722.50$ 87.74$ 2,895.42$ 94.71$ 3,125.43$ 85.86$ 2,833.38$ 85.85$ 2,833.05$ Bendix King NMO‐NTYPE NMO Mobile Antenna Cable w/N Male Connector 33 29.00$ 957.00$ 30.61$ 1,010.13$ 35.00$ 1,155.00$ 26.45$ 872.85$ 14.28$ 471.24$ 35.95$ 1,186.35$ 25.75$ 849.75$ 29.35$ 968.55$ 31.67$ 1,045.11$ 24.50$ 808.50$ 25.23$ 832.59$ Bendix King MWV1360S VHF Mobile Antenna, 136‐174 mhz 33 62.00$ 2,046.00$ 62.19$ 2,052.27$ 70.00$ 2,310.00$ 65.25$ 2,153.25$ 59.49$ 1,963.17$ 69.95$ 2,308.35$ 54.10$ 1,785.30$ 61.62$ 2,033.46$ 66.51$ 2,194.83$ 58.50$ 1,930.50$ 47.53$ 1,568.49$ Bendix King KAA0701 Legacy / KNG Cloning Cable Portable & Mobile D/G Series, KNGP to KNGM 9 317.00$ 2,853.00$ 325.73$ 2,931.57$ 368.23$ 3,314.07$ 363.00$ 3,267.00$ 339.90$ 3,059.10$ 112.00$ 1,008.00$ 296.40$ 2,667.60$ 325.17$ 2,926.53$ 348.39$ 3,135.51$ 315.82$ 2,842.38$ 153.87$ 1,384.83$ Bendix King KAA0637 Cable, Remote Mount, 25' for KNG‐R Radio 12 110.00$ 1,320.00$ 113.12$ 1,357.44$ 123.50$ 1,482.00$ 126.00$ 1,512.00$ 113.13$ 1,357.56$ 112.00$ 1,344.00$ 102.50$ 1,230.00$ 112.10$ 1,345.20$ 120.99$ 1,451.88$ 109.68$ 1,316.16$ 109.68$ 1,316.16$ Bendix King BKR0701 Adapter ‐ KNG Cloning & Programming Cables to BKR Radio 9 154.00$ 1,386.00$ 158.70$ 1,428.30$ 149.50$ 1,345.50$ 147.50$ 1,327.50$ 149.04$ 1,341.36$ 150.00$ 1,350.00$ 144.75$ 1,302.75$ 157.28$ 1,415.52$ 169.74$ 1,527.66$ 315.82$ 2,842.38$ 153.87$ 1,384.83$ Bendix King BKR0733‐V__ Software, Radio Editor, BKR0733 1 90.00$ 90.00$ 106.60$ 106.60$ 139.05$ 139.05$ 99.00$ 99.00$ ‐$ ‐$ 105.00$ 105.00$ 94.00$ 94.00$ 109.36$ 109.36$ 114.02$ 114.02$ 86.13$ 86.13$ 103.36$ 103.36$ Subtotal 211,586.65$ 214,834.04$ 226,523.16$ 244,614.40$203,893.03$ 211,675.10$ 199,213.60$ 217,080.38$ 233,651.45$ 214,247.03$ 210,286.97$ Tax (7.875%)16,662.45$ 16,918.18$ 17,838.70$ 19,263.38$ 16,056.58$ 16,669.41$ 15,688.07$ 17,095.08$ 18,400.05$ 16,871.95$ 16,560.10$ Shipping 350.00$ ‐$ 300.00$ 2,700.00$ ‐$ ‐$ 272.00$ ‐$ 2,870.00$ ‐$‐$ TOTAL:228,599.10$ 231,752.22$ 244,661.86$ 266,577.78$219,949.61$ 228,344.51$ 215,173.67$ 234,175.46$ 254,921.50$ 231,118.98$ 226,847.07$ Silke Communications Silverado Avionics The Radio Guys REQUEST FOR BID ‐ E39158 ‐ BENDIX KING RADIOS AND ACCESSORIES BID OPENING: 1:30 P.M., 3/9/2022 49er Communication Advanced Communication Sys Banner Communications Columbia Communications Cross Connections Foothill Communications Leavitt Communications Power Works ATTACHMENT 1 Page 97 of 592 Description Quantity Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Minitor VI VHF 143‐174mhz, 2‐5 channel, NOT UL Stored Voice Pager w/standard charger 20 415.00$ 8,300.00$ 395.00$ 7,900.00$ 430.00$ 8,600.00$ 448.80$ 8,976.00$ 390.00$ 7,800.00$ 374.75$ 7,495.00$ 418.35$ 8,367.00$ 490.00$ 9,800.00$ 412.00$ 8,240.00$ Subtotal 8,300.00$ 7,900.00$ 8,600.00$ 8,976.00$ 7,800.00$ 7,495.00$ 8,367.00$ 9,800.00$ 8,240.00$ Tax (7.875%)653.63$ 622.13$ 677.25$ 706.86$ 614.25$ 590.23$ 658.90$ 771.75$ 648.90$ Shipping 69.95$ 30.00$ 300.00$ 30.00$ ‐$ 17.50$ ‐$ 50.00$ ‐$ TOTAL:9,023.58$ 8,552.13$ 9,577.25$ 9,712.86$ 8,414.25$ 8,102.73$ 9,025.90$ 10,621.75$ 8,888.90$ Power Works The Radio Guys REQUEST FOR BID ‐ E39159 ‐ MOTOROLA PAGERS BID OPENING: 1:30 P.M., 3/9/2022 49er Communication Banner Communications Columbia Communications Cross Connections Foothill Communications Leavitt Communications Motorola ATTACHMENT 2 Page 98 of 592 Description Quantity Unit Ext'd Unit Ext'd Unit Ext'd David Clark Headset ‐ H3432 30 354.30$ 10,629.00$ 375.00$ 11,250.00$ 332.50$ 9,975.00$ Subtotal 10,629.00$ 11,250.00$ 9,975.00$ Tax (7.875%)837.03$ 885.94$ 785.53$ Shipping 90.00$ 27.50$ ‐$ TOTAL:11,556.03$ 12,163.44$ 10,760.53$ The Radio Guys REQUEST FOR BID ‐ E39160 ‐ HEADSETS BID OPENING: 1:30 P.M., 3/9/2022 Cross Connections Leavitt Communications ATTACHMENT 3 Page 99 of 592 Power/volume Channel/zone select LCD top display speaker Programmablebuttons programmablealphanumericlabels www.bktechnologies.com | sales@bktechnologies.com | 7100 Technology Drive, West Melbourne, FL 32904 we build technology for heroes BKR 5000Portable radio Attachment 4 Page 100 of 592 BKR 5000 - Portable radio Key Features The BKR 5000 Portable Radio offers exceptional performance in a lightweight form. With our 70 years of reliability, BK Technologies is honored to serve our everyday heroes with a device that brings dependability when every moment counts. •Single-Band Configuration •5000 MAH LI Smart Battery •Single Unit Smart Charger •P25 Conventional •P25 Phase 1 & 2 Trunking •Simulcast Operation •DES & AES FIPS140-2 L2 Encryption •Integrated GPS/Location Services •Meets MIL SPEC 810 G & IP68 Specifications •Advanced System Key •Enhanced Noise Cancellation •Loud, Crisp Audio •USB PC Programmable •Ruggedized Design with Large, Enhanced, Gorilla Glass Color Display •Radio Authentication (LLA) www.bktechnologies.com | sales@bktechnologies.com | 7100 Technology Drive, West Melbourne, FL 32904 LCD top display oversized knobsfor gloved hands Page 101 of 592 Attachment 5 Page 102 of 592 Page 103 of 592 Page 104 of 592 Page 105 of 592 Page 106 of 592 Page 107 of 592 Page 1 of 2 Agenda Item No: 7.e. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1446 AGENDA SUMMARY REPORT SUBJECT: Consideration of Adoption of Resolution to Remove Approximately 816 Lineal Feet of On-Street Parking on Hamilton Street, from the Intersection of Hospital Drive to the Intersection of Clara Avenue. DEPARTMENT: Public Works PREPARED BY: Tim Eriksen, Public Works Director/City Engineer PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS: 1. Resolution with Exhibit A Summary: Council will consider adoption of a resolution to remove approximately 816 lineal feet of on-street parking on Hamilton Street, from the intersection of Hospital Drive to the intersection of Clara Avenue. Background: Engineering staff was notified of concerns from emergency services regarding emergency access to the hospital. Engineering staff then analyzed the concern in order to develop a recommendation for the City Council. Discussion: The hospital has two primary accesses: Hospital Drive to the north and Hamilton Street to the south, both of which are critical for emergency services. After considering all of the options, the City Engineer recommended removing 816 lineal feet of the on-street parking on Hamilton Street to ensure open and safe access for emergency vehicles. All major stakeholders including Adventist Health Ukiah Valley, Ukiah Police Department, Ukiah Valley Fire Authority and the Wagenseller Neighborhood Association support the City Engineer's recommendation. A single concern was expressed by one tenet at the corner of Clara/Hamilton about losing parking, but he understood the importance of the resolution. Note, the corresponding property owner was contacted and support was expressed. The results of removing the on-street parking are depicted on the map (Exhibit A to the Resolution). Staff is recommending that Council adopt the Resolution (Attachment 1) removing 816 lineal feet of the on-street parking on Hamilton Street. Recommended Action: Adopt resolution removing approximately 816 lineal feet of on-street parking on Hamilton Street. 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: Noble Waidelich, Police Chief, and Doug Hutchison, Fire Chief Page 108 of 592 Page 2 of 2 Page 109 of 592 RESOLUTION NO. 2022- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING 816 LINEAL FEET OF ON-STREET PARKING ON HAMILTON STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the City Police and the City Fire Chief have concerns regarding access to the Hospital from the north and south; and WHEREAS, the City Engineer considered the request in February 2022, to establish the no parking zone within the City of Ukiah; and WHEREAS, the City Engineer recommends this request regarding the no parking zone. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a no parking zone on Hamilton Street at a location determined by the City Engineer, and as depicted in Exhibit A. PASSED AND ADOPTED this 16th day of March, 2022 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ____________________________ Jim O. Brown, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk ATTACHMENT 1 Page 110 of 592 No Parking CLARA AVENUE SI D N I E S T R E E T HOSP I T A L D R I V E M Y R O N S T R E E T J O S E P H S T R E E T H A M I L T O N S T R E E T HAMILTON STREET - PROPOSED NO PARKING´ 0 250125FeetDocument Path: C:\Users\astricklin\Desktop\Hamilton No Parking.mxd This map is a guide. Every reasonableeffort has been made to ensure the accuracyof the map and data provided. Parcel linesare not intended to represent surveyed data.Date Saved: 2/25/2022 11:52:07 AM Public Works EXHIBIT A Page 111 of 592 Page 1 of 1 Agenda Item No: 7.f. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1453 AGENDA SUMMARY REPORT SUBJECT: Award Purchase Order to Replace Three (3) HVAC Units at the Waste Water Treatment Plant to Intercounty Mechanical & Electrical, Inc. of Ukiah for the Amount of $41,926.38. DEPARTMENT: Water Resources PREPARED BY: Mary Williamson, Buyer II PRESENTER: Sean White, Water Resources Director ATTACHMENTS: 1. Intercounty Bid E38934 Summary: Council will consider awarding a Purchase Order in the amount of $41,926.38 to Intercounty Mechanical & Electrical, Inc to replace three (3) HVAC units at the Waste Water Treatment Plant. Background: Three HVAC units located at the Waste Water Treatment Plant, are used to cool equipment in order to improve longevity and reliability. They consist of one on top of the DAFT, one on top of the Secondary Building, and one on top of the IPS Building. The Purchase Order will cover all three HVAC units, and they will all be three (3) ton units to match the current three (3) ton units. The Purchase Order includes all Labor and Materials and Incidentals to do the installation, as well as the disposal of old HVAC units. This project will be performed at the prevailing wage. The current units are 17 years old and can no longer be serviced due to changes in freon regulations. These units are in the approved Captial Improvement Program (CIP). Discussion: Staff issued a Request for Bid to the two local companies that have provided quotes for these type of units in the past. Only Intercounty Mechanical & Electrical, Inc. provided a bid. This bid is attached as Attachment 1. Recommended Action: Award Purchase Order to Intercounty Mechanical & Electrical, Inc. for the amount of $41,926.38 BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: 84027225-56300: $45,905 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Alan Hodge, Wastewater Treatment Plant Supervisor Page 112 of 592 ATTACHMENT 1 Page 113 of 592 Page 114 of 592 Page 1 of 3 Agenda Item No: 7.g. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1454 AGENDA SUMMARY REPORT SUBJECT: Possible Adoption of the Organic Waste Disposal Reduction Ordinance. DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Tim Eriksen, Public Works Director/City Engineer and Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. Organic Waste Disposal Reduction Ordinance Introduced Summary: Council will consider adopting the Organic Waste Disposal Reduction Ordinance. Background: Senate Bill 1383, entitled Short-Lived Climate Pollutants: Organic Waste Reductions, was passed in 2016. This bill looks to reduce California’s emissions of methane gas. Methane gas produced from organic waste breakdown in landfills is the third largest source of methane gas production in the state. SB 1383 requires a statewide reduction of the disposal of organic waste by 75% from 2014 levels by 2025, and requires an increase in edible food recovery by 20%, by 2025. SB 1383 requires all jurisdictions to implement a mandatory organic recycling ordinance and to provide all businesses, residents, and multi-family apartments with access to recycling programs that capture food scraps, landscaping waste, among other organic waste materials. As a result of SB 1383, the California Department of Resources Recycling and Recovery ("CalRecycle"), which is the state department tasked with administering California's waste and recycling programs, developed prescriptive regulations to achieve the State's outlined organic waste disposal goals by 2025. Fortunately for the City, solid waste programs and policies already in place contribute to the community being well on the way toward compliance with SB 1383, especially with the introduction of mixed organic and food waste recycling collection in 2017. However, there are many other parts of SB 1383 that the City has been working to address, including the required updates to the Ukiah City Code. On February 16, 2022, as part of their review of the Resolution of Notice of Intent to Comply with the Regulatory Requirements of SB 1383, the City Council also directed Staff to draft an ordinance amending the Ukiah City code to implement the requirements of SB 1383. The proposed Organic Waste Disposal Reduction Ordinance (included here as Attachment 1) utilizes language directly from a model ordinance drafted by CalRecyle to assist local agencies in complying with SB 1383. At their March 2, 2022 meeting, the Council voted unanimously to introduce the Ordinance by title only. Discussion: SB 1383 requires the City to adopt an enforceable ordinance to compel city residents and business owners to recycle their organic waste,in addition to other regulatory requirements set forth below. The City is responsible for the funding, providing administrative services, and implementation of those goals. The City could face fines of $10,000.00 per day for failing to comply with SB 1383 and must have corrective actions in place to ensure compliance during the calendar year of 2022 to avoid these fines. Adoption of the Ordinance is the first step towards compliance. Compliance requirements will include providing mandatory mixed organic waste collection services for all residents and businesses, establishing an edible food recovery program, monitoring and reporting compliance Page 115 of 592 Page 2 of 3 efforts to CalRecycle, providing education and outreach procurement, and enforcement of the Ordinance. From January 1, 2022 to December 31, 2023, the City will be allowed to take non-punitive, education-based enforcement actions against non-compliant entities. Starting January 1, 2024, the City must take punitive enforcement actions against non-complying entities. The current version of the Ordinance reflects a wide array of City staff and Council input. The Ordinance is now ready for consideration for adoption and will go into effect 30 days after adoption. SB 1383 REQUIREMENTS IN DETAIL As a result of SB 1383 and the regulations established by CalRecycle, the City will have to implement the following practices to be considered compliant: • Provide organic waste recycling services for all City businesses and residences, including multi-family residences; • Inspect and enforce compliance with SB 1383 by adopting an Organic Waste Disposal Reduction Ordinance (“Ordinance”); • Implement an edible food recovery program that recovers edible food from the waste stream; • Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations; • Procure recycled organic waste products like compost, mulch, and renewable natural gas; and, • Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements. SB 1383 allows cities to take an educational and non-punitive approach to enforcement of the Ordinance for the first two years of the ordinance being in effect (2022 and 2023). Taking an educational approach will allow the City and Ukiah Waste Solutions to work with Ukiah residents and businesses to inform them of the requirements. Because the City has been very proactive in this arena, the City of Ukiah already has an organic waste recycling program in place, adopting the Ordinance will result in little to no changes for most businesses and residents. Non-Compliance with Requirements While the City is responsible for gaining compliance from residents and businesses, SB 1383 regulations provide CalRecycle with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met. These actions may include: • Conducting more frequent inspections; • Taking over direct enforcement on non-compliant businesses within the city; • Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or • Seeking administrative penalties against the City of up to $10,000 per day. While SB 1383 is another unfunded state mandate from Sacramento, the City is in a strong position to meet the requirements set forth. With the adoption of the Ordinance, the City will be one step closer to becoming SB 1383 compliant. CALIFORNIA ENVIRONMENTAL QUALITY ACT City Staff has evaluated the proposed Ordinance to determine whether it will have a significant effect on the environment. Staff has determined that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §§ 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in the Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for Page 116 of 592 Page 3 of 3 the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment. Recommended Action: Adopt the Organic Waste Disposal Reduction Ordinance. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tim Eriksen, Director of Public Works Page 117 of 592 Page 1 of 18 ORDINANCE NO. XX ORDINANCE OF THE CIT Y COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF ORGANIC WASTE DISPOSAL The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and coun ties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.. 2. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 4178 0.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesse s and Multi- Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires the City to implement a Mandatory Commercial Recycling program.. 3. State organics recycling law, Assembly Bill 1826 o f 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, supersed ed, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires local agencies to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires local agencies to implement a Mandatory Commercial Organics Recycling program.. 4. SB 1383, the Short-lived Climate Pollutant Reduction Act of 20 16, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including local agencies, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.. 5. SB 1383, the Short-lived Climate Pollutant Reduction Act of 20 16, requires local agencies to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring Page 118 of 592 Page 2 of 18 Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.. SECTION TWO. Chapter 4.1 is hereby added to Division 5 of the Ukiah City Code and shall read as follows: Chapter 4.1 ORGANIC WASTE DISPOSAL REDUCTION Article 1 Definitions §4450.0 Definitions For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words and their derivations shall be construed and shall have the meaning and be defined as hereinafter provided in this Article. (a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. (b) “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local agencies (and others). (c) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. (e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Subsections 4450.0(lll) and 4450.0(mmm) of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). (f) “Compliance Review” means a review of records by the City to determine compliance with this Chapter. (g) “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). Page 119 of 592 Page 3 of 18 (h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. (i) “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). (j) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). (k) “C&D” means construction and demolition debris. (m) “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. (n) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (o) “Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (p) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or Chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (q) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). (r) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. (s) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). Page 120 of 592 Page 4 of 18 (t) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: (1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (u) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. (w) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). (x) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. (y) “Food Waste” means Food Scraps and Food-Soiled Paper.. (z) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (aa) “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. Page 121 of 592 Page 5 of 18 (cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (dd) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). (ee) “Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). (ff) “City Enforcement Official” means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing this Chapter. See also “Regional or County Agency Enforcement Official”. (gg) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter. (hh) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter. (ii) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (jj) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. (kk) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). (ll) “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s Page 122 of 592 Page 6 of 18 enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42): (1) Special district(s) located within the boundaries of the Jurisdiction. (2) County fairgrounds located within the boundaries of the City (3) State agencies located within the boundaries of the Jurisdiction. (mm) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). (nn) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. oo) “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). (pp) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (qq) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (rr) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (ss) “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. (tt) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (uu) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). Page 123 of 592 Page 7 of 18 (vv) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). (ww) “Regional Agency” means regional agency as defined in Public Resources Code Section 40181. (xx) “Regional Agency or County Enforcement Official” means a regional or county agency enforcement official, designated by the City with responsibility for enforcing this Chapter in conjunction or consultation with the City Enforcement Official. The City may opt not to designate a Regional Agency or County Enforcement Official. (yy) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). (zz) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). (aaa) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). (bbb) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (ccc) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (ddd) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units. (eee) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 Page 124 of 592 Page 8 of 18 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (fff) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. (ggg) “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non- Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). (hhh) “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. (iii) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (jjj) “State” means the State of California. (kkk) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). (lll) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: (1) Supermarket. (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider. (4) Food Distributor. (5) Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter. Page 125 of 592 Page 9 of 18 (mmm) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue. (5) Large Event. (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter. (nnn) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75). (ooo) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). Article 2 Requirements for Compliance §4450.1 Requirements for Single-Family Organic Waste Generators Single-Family Organic Waste Generators shall comply with the following requirements: (a) Shall subscribe to the City’s Organic Waste collection services for all Organic Waste generated as described below in Section 4(b). The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in Subsection c of this Section, and shall not place Prohibited Container Contaminants in collection containers. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Page 126 of 592 Page 10 of 18 §4450.2 Requirements for Commercial Businesses Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall: (a) Subscribe to the City’s collection services and comply with requirements of those services as described below in Subsection (b). (b) Participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in Subsection (c) of this Section. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container. (d) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections (e)(1) and 6(e)(2) below) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Gray Container collection service. (e) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: (1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (f) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Subsection (d) above pursuant to 14 CCR Section 18984.9(b). (g) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container Page 127 of 592 Page 11 of 18 collection service. (h) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). i) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (j) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (k) Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 4450.6 of this Chapter to confirm compliance with the requirements of this Chapter. (l) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (m) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4450.4. §4450.3 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements: (1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. (2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. Page 128 of 592 Page 12 of 18 (4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. (ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. (iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. (d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). §4450.4 Requirements for Food Recovery Organizations and Services (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): (1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. Page 129 of 592 Page 13 of 18 (3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. (4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): (1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. §4450.5 Requirements for Haulers and Facility Operators (a) Requirements for Haulers. The exclusive franchise providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste: (1) Through written notice to the City annually on or before January 1, 2023, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste. (2) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition materials (“C&D”) in a manner that complies with 14 CCR Section 18989.1, and applicable provisions of this Chapter and of the Ukiah City Code. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days. Page 130 of 592 Page 14 of 18 (2) Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days. Article 3 Investigatory and Enforcement Authority of the City §4450.6 Inspections and Investigations by the City (a) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection. (b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described. (c) Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. (e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. §4450.7 Enforcement (a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. (b) Other remedies allowed by law may be used, including civil action or prosecution as Page 131 of 592 Page 15 of 18 misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. (c) Responsible Entity for Enforcement (1) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Official, which may be the City Manager or their designee, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with City Enforcement Official. (A) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, will interpret this Chapter; determine if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, may issue Notices of Violation(s). (d) Process for Enforcement (1) City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 4450.6 establishes City’s right to conduct Inspections and investigations. (2) The City may issue an official notification to notify regulated entities of its obligations under the Chapter. (3) The City shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice. (4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this Section. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information (e) Penalty Amounts for Types of Violations. The administrative penalty levels are as follows: (1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation. Page 132 of 592 Page 16 of 18 (f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range: (1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay. (3) The willfulness of the violator's misconduct. (4) Whether the violator took measures to avoid or mitigate violations of this Chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (h) Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. (1) The violator may file an appeal of the issuance of the Citation with the City Enforcement Official. Such appeal shall be in writing and shall identify the property subject to the citation. The City Enforcement Official 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 property owner or the City. (2) 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 City Enforcement Official. (3) At the time fixed in the notice, the Hearing Officer shall receive evidence, including the Page 133 of 592 Page 17 of 18 testimony of all competent persons desiring to testify respecting the condition leading to issuance of the citation. (4) Upon conclusion of the hearing, the Hearing Officer(s) shall determine whether to sustain or overrule the issuance of the citation and shall issue a written order. (5) The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer’s decision shall be governed by California Code of Civil Procedure section 1094.6 as such section may be amended from time to time. (i) Education Period for Non-Compliance Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self- Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Civil Penalties for Non-Compliance Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on March 2, 2022, by the following roll call vote: AYES: Councilmembers Orozco, Crane, Rodin, Dueñas, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None Adopted on , 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Page 134 of 592 Page 18 of 18 Jim O. Brown, Mayor ATTEST: Kristine Lawler, CMC/City Clerk Page 135 of 592 Page 1 of 2 Agenda Item No: 7.h. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1475 AGENDA SUMMARY REPORT SUBJECT: Award the Purchase of One (1) New Altec Model AT40G Articulating Telescopic Aerial Device with an Insulated Boom to Altec Industries, Inc., for the Electric Utility Department in the Amount of $220,703.95, and Approve Corresponding Budget Amendment. DEPARTMENT: Electric Utility PREPARED BY: Mary Williamson, Buyer II PRESENTER: Cindy Sauers, Electric Utility Director ATTACHMENTS: 1. Altec Bucket Truck Quote 2. Vehicle Justification Form Trouble Truck Summary: Council will consider approving a purchase for one (1) Model AT40G Articulating Telescopic Aerial Device with an insulated boom to Altec Industries, Inc. for the Electric Utility Department in the amount of $220,703.95. Background: Included in the 2022 5-Year Capital Improvement Plan (CIP), Council approved the replacement of a 2013 Dodge Ram single bucket truck in FY 23/24. The new truck will be used as a troubleman truck, 24/7, for all call outs, emergencies and outages. When seeking a budgetary quote to update the 22/23 CIP, Staff discovered that supply chain delays have increased the lead time significantly on vehicles and delivery, if purchased in FY21/22, would not occur until 2025. Additionally, in 2018, the Electric Department transferred the operation of a 1995 single bucket truck to the Community Services Department. This truck is no longer operational. Upon receipt of the new Altec truck, the 2013 Dodge can be transferred to the Community Services Department, providing them with a newer truck for their operations. Discussion: Staff requested a quote from Altec Industries, Inc. for a new Model AT40G. Altec provided quote #1112951 using the Sourcewell Contract Pricing (Attachment 1). Due to significant uncertainty in material costs, particularly with a long lead time, Altec has noted the following "Altec will make every effort to honor this quotation. However, if major and irregular cost inflation occurs, price may be reviewed and confirmed closer to the production date." Staff recommends awarding the purchase of one (1) Model AT40G Articulating Telescopic Aerial Device with an insulated boom to Altec Industries, Inc. for the Electric Utility Department in the amount of $220,703.95, with the understanding that the price may increase closer to the production date. Staff will return to Council with any changes to the purchase price. A Vehicle Justification Worksheet is attached (Attachment 2). Recommended Action: Award purchase of a new Altec Model #AT40G Articulating Telescopic Aerial Device with an insulated boom from Altec Industries, Inc. in the amount of $220,703.95, and approve corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 80126100.80100.V2224: $0 Page 136 of 592 Page 2 of 2 PROPOSED BUDGET AMOUNT: 80126100.80100.V2224: $250,000 FINANCING SOURCE: 800 Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Cindy Sauers, Electric Utility Director; Mary Horger, Financial Services Manager Page 137 of 592 Page 138 of 592 Page 139 of 592 Page 140 of 592 Page 141 of 592 Page 142 of 592 Page 143 of 592 Page 144 of 592 Page 145 of 592 Page 146 of 592 Page 147 of 592 Page 148 of 592 Page 149 of 592 Page 150 of 592 Page 151 of 592 Page 152 of 592 Page 153 of 592 Page 154 of 592 Page 155 of 592 Page 156 of 592 Page 157 of 592 Page 158 of 592 Page 159 of 592 Page 160 of 592 Page 161 of 592 Page 162 of 592 Page 163 of 592 Page 164 of 592 Page 165 of 592 Page 166 of 592 Page 167 of 592 Page 168 of 592 Page 169 of 592 Page 170 of 592 Page 171 of 592 Page 172 of 592 ESTIMATED COST: 235,000 FLEET MAINTENANCE SUPERVISOR DEPARTMENT HEAD ADDITIONAL COMMENTS: ASSET USEFUL LIFE: 5-7 years 3C7WRMALODG534393 VIN/SERIAL # NEW REQUEST OR REPLACEMENT OF EXISTING?: YES 400 hrs Yes FOR FISCAL YEAR: 2020/2021 2013 Dodge Ram5500 EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT CODE ITEM: Trouble Truck SUBMITTED BY: Tim Santo REVIEWED & APPROVED BY: Electric DEPARTMENT(S) PROPOSED VEHICLE OR HEAVY EQUIPMENT 39,370 / 3948 drive 736 idle PTO 1133 Yes CURRENT CONDITION: Fair Current Mileage/Hours - 39,370 miles / 3948 drive hours, 736 idle hours, - 1133 - PTO hours $25,000 to $30,000 ESTIMATED OUT-OF-SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS? None 8,000 hrs MODEL CURRENT MILEAGE/HOURS $235,000.0080126100.80100Construction JUSTIFICATION/USE/NEED: Current aerial lift truck is run 24/7 for Electric on-call PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): 2025 Ford F-550 Altec AT40G bucket truck ( see specs) MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE 2223 SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR $54,000.00 ALTERNATE SOLUTIONS EXPLORED: OTHER INDIRECT BENEFITS: This unit will stay in the fleet and be shared by multiple departments. COST/BENEFIT ANALYSIS: Due to the lead time of for this type vehicle of 2.5 years it will benefit the department to secure a build date now. Attachment 2 Page 173 of 592 Page 1 of 2 Agenda Item No: 7.i. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1481 AGENDA SUMMARY REPORT SUBJECT: Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72. DEPARTMENT: Water Resources PREPARED BY: Sean White, Water Resources Director PRESENTER: Sean White, Water Resources Director ATTACHMENTS: 1. WWTP SCADA Upgrade 2. Ukiah CF to Flex_Aveva Select California Customer Quotation 3. Flex Ukiah Spreadsheet Comparison Summary: Council will consider the approval of purchasing SCADA equipment and software subscription in the amount of $339,026.96. Background: The SCADA system hardware at the Wastewater Treatment Plant (WWTP) has become dated and can no longer reliably run the newest version of SCADA software. In addition, as operations at the WWTP have become more complex, the way we purchase SCADA software is not the most cost-effective approach. Discussion: Water Resources has been planning on replacing a number of the key components to the SCADA system and has budgeted $650,000 in the approved CIP for hardware upgrades. The proposed project (Attachment 1) will accomplish all of the tasks originally anticipated to cost $650,000 for $240,579.24. The City is currently purchasing software under a cost per license program. By switching to a subscription program (Attachment 2) , the City can avoid the need to purchase additional licenses while also gaining other benefits, such as remote access to the City's system. This will provide a significant improvement in the information available to On-call Staff. Instead of simple alarms, Staff will be able to log in remotely and assess the nature and severity of the alarm. Switching to a subscription will not only provide better service, but will result in a cost-savings of $16,955.19 (Attachment 3) over the next three years. While Staff is seeking authorization for a 3-year subscription, the fees will be paid each year, similar to the current license-based system. On February 3, 2021, Council awarded a contract to JM Integration, as a result of a Request for Proposal process, the upgrade and service of the Water Treatment Plant SCADA system. Their services have very much pleased staff, and awarding this contract to JM Integration for the Wastewater Treatment Plant will provide a consistent and highly proficient level of work for the Water Resources Department as a whole. As to E&M Electric, they are this area's distributor of Wonderware software. Recommended Action: Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72. Page 174 of 592 Page 2 of 2 BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 84027225.80100.18246: $350,000; 84027225.80100.18137: $300,000 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Alan Hodge, Wastewater Treatment Plant Supervisor Page 175 of 592 250 Brookdale Drive, Vacaville CA 95687 • Office (888) 536-8623 • Fax (707) 890-3595 REQUEST FOR QUOTE Revision 28FEB2021 License #1040899 Customer: Date: Project: Quote Number: BILL TO Contact Name: Phone: Email: Location: JM Integration LLC is pleased to submit this proposal for services to support you in achieving your goals for improving customer satisfaction by providing the following scope of work listed below. SCOPE OF WORK The following table details the pricing for delivery of the services outlined in this proposal. This pricing is valid for 30 days from the date of this proposal: PRICING DESCRIPTION Labor Travel Materials Tools & Equipment Total The prices listed in the preceding table are an estimate for the services discussed. This summary is not a guarantee of final price. Estimates are subject to change if project specifications are changed or costs for outsourced services change before a contract is executed. We look forward to working with you and supporting your efforts to improve and maintain your system. If you have questions on t his proposal, please contact me at your convenience. Thank you for your time and consideration, Jack Miller | Owner | JM Integration LLC Attachment 1 Page 176 of 592 250 Brookdale Drive, Vacaville CA 95687 • Office (888) 536-8623 • Fax (707) 890-3595 REQUEST FOR QUOTE Revision 28FEB2021 License #1040899 TERMS AND CONDITIONS Base Terms: Quotation is valid for 30 days from above date. Our terms are due and payable 30 days from date of invoice. Payments must be made on a minimum of a monthly basis. If payment is not received by the 30th day, a 1.5% monthly service charge (18% annually) will be charged on all accounts past due. Attorney's fees, court costs and costs of collection will be paid to prevailing party. Permits and bonding are excluded unless otherwise noted herein. Our standard insurance applies unless agreed to in writing by JM Integration LLC. We accept no responsibility for consequential damages and our standard warranty applies. Please reference the above stated quote in all correspondence and purchase orders. Unless otherwise noted, this quote is based on standard straight time hours and does not include any prevailing wage rates unless agreed in writing by JM Integration LLC. The price quoted herein is for the labor and materials specifically listed within the body of this quote. Service calls carry a 4- hour minimum per person. Cancellation charges apply including engineering, labor, materials, quote and estimating time, markup, % of profit, return goods fees, etc. at the time of written cancellation notice to JM Integration LLC. Force Majeure: JM Integration LLC shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate JM Integration LLC for such delay. Cancellation: Any order may be cancelled by Purchaser only upon prior written notice and payment of termination charges, including but not limited to, all costs identified to the order incurred prior to the effective date of notice of termination and all expenses incurred by JM Integration LLC attributable to the termination, plus a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling, planned production and other indirect costs. Entire Agreement: This Agreement constitutes the entire agreement between JM Integration LLC and Purchaser. There are no agreements, understandings, restrictions, warranties, or representations between JM Integration LLC and Purchaser other than those set forth herein or herein provided Bonding: Cost of Bonding is not included. Contact JM Integration LLC for a quote if bonding is required. SIGNATURE PRINT NAME DATE SIGNATURE PRINT NAME DATE Page 177 of 592 01/24/2022 AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP Attn:Alan Hodge UKIAH1 Direct Opp 126 Mill Street Healdsburg, CA 95448 (866) WONDER N (866) 966-3376 QUOTE 276905.3 In Process Bill To: PURCHASING/ACCOUNTS PAYABLE 300 SEMINARY AVE. UKIAH, CA 95482-5400 Ship To: CITY OF UKIAH direct (707) 467-2818 (000) 000-0000fax direct fax main (707) 473-3176 (707) 473-3190 (866) 966-3376 From:Ty Brown ty.brown@california.avevaselect.com CITY OF UKIAH CITY OF UKIAH 300 SEMINARY AVE. UKIAH, CA 95482-5400 Thank you for the opportunity to offer you this quote. Here is the information you requested. **NEW SITE ID: TBD** *Please Note: The quotation provided is subject to site verification. Please provide the End user company name and address to which these licenses will be registered to receive an up to date quotation. Site info is required prior to purchase order submittal. AVEVA Flex Credits: Consumable credits that can be redeemed for a variety of subscription tiers: - Available in 1 or 3 year terms - Access across AVEVA's comprehensive software portfolio - Interchange software tiers, options and licenses as needs evolve - Customer FIRST technical support included in every subscription tier Included with Wonderware by AVEVA Premium Customer First Program are the following services: • Emergency 24/7/365 Technical Telephone Support • Wonderware by AVEVA Direct Technical Support: Access to technical resources at both the local distributor and directly from AVEVA • No Charge for Version Upgrades (*Please note that no charge version upgrades are only available while the CF contract is valid) •Access to the Wonderware by AVEVA Global Customer Support Website Access: Search for answers to your questions and log and track cases • Customer Support Shipments Including New Releases of Software, maintenance releases, Service Packs, and Patches, updates and hotfixes • Online Training Webinars: Access to library of eLearning webinars • Support Usage and Summary Reports: Automatically receive a monthly summary of all of your support activity • Software Asset Manager ***Please note: This quotation contains license(s) that are sold on a subscription basis. Subscription products require a purchase order to cover the full amount of the (*) year term of the subscription. Subscriptions will be invoiced on an annual basis and will be billed against the original purchase order. Customer first support contracts START from the date of license issue and are due for renewal one (1) year after date of contract inception. Support is calculated based on the list price of all licenses at the site. ____________________________________________ california.wonderware.com This quotation may contain engineering services that are subject to additional terms and conditions.FOB:Healdsburg, CA Pages: Terms: Freight: Duration: PO Number: This quote is valid for 30 days. Net 30 Days Prepaid and Add 1 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Attachment 2 Page 178 of 592 01/24/2022 AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP Attn:Alan Hodge UKIAH1 Direct Opp 126 Mill Street Healdsburg, CA 95448 (866) WONDER N (866) 966-3376 QUOTE 276905.3 In Process Bill To: PURCHASING/ACCOUNTS PAYABLE 300 SEMINARY AVE. UKIAH, CA 95482-5400 Ship To: CITY OF UKIAH direct (707) 467-2818 (000) 000-0000fax direct fax main (707) 473-3176 (707) 473-3190 (866) 966-3376 From:Ty Brown ty.brown@california.avevaselect.com CITY OF UKIAH CITY OF UKIAH 300 SEMINARY AVE. UKIAH, CA 95482-5400 Interested in additional training? Please visit our websites and view our events schedule at www.eandm.com. Access the status of your order on our Online Order Status system!! Just click on the link contained in your order confirmation to begin the login process. Once signed up you can access via www.eandm.com. california.wonderware.com This quotation may contain engineering services that are subject to additional terms and conditions.FOB:Healdsburg, CA Pages: Terms: Freight: Duration: PO Number: This quote is valid for 30 days. Net 30 Days Prepaid and Add 2 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Page 179 of 592 01/24/2022 AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP Attn:Alan Hodge UKIAH1 Direct Opp 126 Mill Street Healdsburg, CA 95448 (866) WONDER N (866) 966-3376 QUOTE 276905.3 In Process Bill To: PURCHASING/ACCOUNTS PAYABLE 300 SEMINARY AVE. UKIAH, CA 95482-5400 Ship To: CITY OF UKIAH direct (707) 467-2818 (000) 000-0000fax direct fax main (707) 473-3176 (707) 473-3190 (866) 966-3376 From:Ty Brown ty.brown@california.avevaselect.com CITY OF UKIAH CITY OF UKIAH 300 SEMINARY AVE. UKIAH, CA 95482-5400 Please note: * Any order resulting from this quote automatically incorporates the below special terms and conditions, listed here, for Flex Subscription purchases: - Flex credits are an annual allotment of credits, built on a monthly credit consumption model, that can be redeemed for a variety of interchangeable subscription tiers. - The quoted number of credits is expected to cover the following selections, but if different or additional subscription selections are made, the purchase of additional credits may be necessary: AVEVA InTouch HMI Unlimited - Qty 1 - 1500 Total Credits - Includes InTouch Tag Server with maximum supported tags (currently 60K), InTouch WindowMaker, - Includes redundant configuration, Supports 1 InTouch Application, Includes OPC UA Server - Unlimited RDS/web, historian desktop clients suggested max 40 concurrent RDS clients, - Includes Standard Communication Driver with redundancy, - Includes 100K Tag Historian with redundancy and AVEVA Reports Server AVEVA InSight Standard User - Qty 11 - 660 Total Credits - Web & Mobile Applications, - Process Charts for Analytics and Trending with custom dashboards, - Alarm analysis with personalized alerts, - Equipment Utilization KPIs - Requires Insight subscription - Credit: The virtual Credits purchased by Customer which may be redeemed to create a license file allowing access and use of a variety of interchangeable Products. Credits will be allotted to respective twelve calendar month periods (each a 'Year'). Once activated, licenses begin consuming Credits on a monthly basis as prorated against the annual Credit consumption schedule listed for that product. - Length of Term: End User will be able to choose from: one (1) or three (3) year terms. - Cancellation: End User in a multi-Year subscription may request to cancel its subscription effective at the end of any Year, provided that the End User gives written notice at least 90 days prior to the start of the next Year of the subscription. Any cancellation before the end of a term will result in cancellation fee of 25% of the remaining amount owned on the agreed subscription term and will be due immediately upon notice of cancellation. - No Rollover: To the extent permitted by applicable law, at the end of each Year, any Credits not consumed will be lost and cannot be carried over into the next Year of the subscription. - Support: 'Right-to-use' and 'right-to-access' licenses under the AVEVA Flex Credit program include Support (provided by the parties as described in the Agreement) without an additional fee. End Users will not have an option to obtain licenses without also obtaining support. In the event that the End User wants higher levels of support, then they may select either the Premium or the Elite support, for a corresponding upcharge in their subscription over their chosen tiered price, as provided in the Online Configurator. AVEVA Flex-InTouch Unlimited + 11 Insight Users PriceQuantity ExtensionAvailability*TaxPart Number/Description 1 $29,925.00 $29,925.00N1-2 WeeksEstimated1 Aveva Flex Subscription - 2160 Credits; Premium Support - 3 Year Term - Year 1 Line:1 FLEXCR-01-P3-Y1 1 $30,820.00 $30,820.00N1-2 WeeksEstimated1 Aveva Flex Subscription - 2160 Credits; Premium Support - 3 Year Term - Year 2 Line:2 FLEXCR-01-P3-Y2 california.wonderware.com This quotation may contain engineering services that are subject to additional terms and conditions.FOB:Healdsburg, CA Pages: Terms: Freight: Duration: PO Number: This quote is valid for 30 days. Net 30 Days Prepaid and Add 3 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Page 180 of 592 01/24/2022 AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP Attn:Alan Hodge UKIAH1 Direct Opp 126 Mill Street Healdsburg, CA 95448 (866) WONDER N (866) 966-3376 QUOTE 276905.3 In Process Bill To: PURCHASING/ACCOUNTS PAYABLE 300 SEMINARY AVE. UKIAH, CA 95482-5400 Ship To: CITY OF UKIAH direct (707) 467-2818 (000) 000-0000fax direct fax main (707) 473-3176 (707) 473-3190 (866) 966-3376 From:Ty Brown ty.brown@california.avevaselect.com CITY OF UKIAH CITY OF UKIAH 300 SEMINARY AVE. UKIAH, CA 95482-5400 PriceQuantity ExtensionAvailability*TaxPart Number/Description 1 $31,745.00 $31,745.00N1-2 WeeksEstimated1 Aveva Flex Subscription - 2160 Credits; Premium Support - 3 Year Term - Year 3 Line:3 FLEXCR-01-P3-Y3 Sub-Total $92,490.00 Included in SSA: SSA (Software Support Agreement) is an annual service that provides the user with free product upgrades and extended support options. During a period of active SSA, users will receive all product upgrades, fixes and extended phone and email support at no additional cost. *Please note: A TopView License Registration Form (attached) must be completed and returned to WWCA at time of order processing. Redundant TopView w/Modem PriceQuantity ExtensionAvailability*TaxPart Number/Description 1 $5,495.00 $5,495.00N1-2 WeeksEstimated1 TopView for Wonderware Restricted Unlimited tag license with Failover; includes 1 year of support Line:4 TV-WW-RESTR-UNL-B 1 $425.00 $425.00Y1-2 WeeksEstimated1 Grandstream UCM6301 IP-PBX; 1-Port Modem Line:5 6346855 UCM6301 Sub-Total $5,920.00 Base Quotation Pricing Summary Freight is NOT included in this total. Your final invoice may include freight charges.TOTAL: Freight: Subtotal: Tax (8.88%): Taxable: Non-Taxable:Availability: - Part availability is subject to change and is based on the availability at the time this quote was created. - Time in transit is subject to change depending on the "Ship To" address that is provided by the customer at the time the order is placed and the method in which customer requests that the part(s) ship. - For "In Stock" parts, orders must be received by 3:00PM PST to ship same day. - For Factory Stock parts, please allow approximately one week for delivery via our standard shipping methods. $425.00 $97,985.00 TBD $98,447.72 $37.72 $98,410.00 california.wonderware.com This quotation may contain engineering services that are subject to additional terms and conditions.FOB:Healdsburg, CA Pages: Terms: Freight: Duration: PO Number: This quote is valid for 30 days. Net 30 Days Prepaid and Add 4 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Page 181 of 592 Attachment 3 Customer First 19,515.00$ New Licenses 20,690.00$ Insight Users 9,200.00$ Perpetual Year 1 49,405.00$ Flex Year 1 $29,925.00 Perpetual Year2 $29,576.45 Flex Year 2 $30,820.00 Perpetual Year 3 $30,463.74 Flex Year 3 $31,745.00 3 Year Total 109,445.19$ $92,490.00 Savings 16,955.19$ Page 182 of 592 Page 1 of 2 Agenda Item No: 7.j. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1482 AGENDA SUMMARY REPORT SUBJECT: Report of the Emergency Purchase for the Diagnosis and Repair of a Leak at a Pressure Zone 1 South Tank, and Approve Corresponding Budget Amendment in the Amount of $329,932, Using Water Reserve Funds. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works ATTACHMENTS: 1. PZ1S Estimate 2. PZ1S Estimate Phase 2 3. 00047705 (3) Summary: Council will receive a report regarding the emergency purchase of contracted services for the diagnosis and repair of a leak at a Pressure Zone 1 South tank in the amount of $329,932, and consider approving a corresponding budget amendment. Background: Last summer, staff received notice that there was a significant amount of water coming from somewhere at the Pressure Zone 1 site and running onto the golf course following seismic activity. Staff immediately investigated and determined that the southern tank, Pressure Zone 1 South (PZ1S) was leaking and water was collecting in the French drain under the tank and running down the hill. Anticipating another dry year, Staff decided that the tank needed to be fully drained to be properly assessed for repair and be fully operational during the dry summer months. Discussion: City Staff contacted the contractor CV Larsen who had just satisfactorily completed the install of the new tank and renovation of the plumbing and systems at the Pressure Zone 2 South (PZ2S) Tank. Fortunately, the contractor was familiar with the City’s water system and was able to quickly provide an estimate of the work in the amount of $53,706.00 (Attachment 1). City Staff reviewed the proposal and the City Manager approved the emergency work of Phase 1 of the project. After completely draining and performing an inspection within the tank, CV Larsen provided an updated cost estimate of $237,311.00 for the work for Phase 2 (Attachment 2). This work included crack preparation, crack grouting, cleaning and placement of sealant, decontamination and recommission of the reservoir. This proposal was reviewed by City Staff and approved by the City Manager. This brought the project total to $291,017.00. Following that, staff had to further increase the amount of the project by $34,300 due to additional work for Item No. 3, to remove CIM sealant, repair floor with controlled demolition and dental grouting. This brought the total amount of the PO to $325,317. Please refer to Attachment 3 for a copy of the purchase order. There were also additional costs incurred, separate from the repair purchase order, that amounted to $4,615. This results in a total project cost to date of $329,932. Staff is therefore requesting approval for a corresponding budget amendment for this amount. Note: Staff has filed a claim with the City's insurance provider. Page 183 of 592 Page 2 of 2 Recommended Action: Receive a report of the emergency purchase for the diagnosis and repair of a leak at the Pressure Zone 1 South Tank, and approve corresponding budget amendment in the amount of $329,932 using Water Reserve Funds. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 82227113.80230.18304: $0 PROPOSED BUDGET AMOUNT: 82227113.80230.18304: $329,932 FINANCING SOURCE: Water Reserve Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: 47705 COORDINATED WITH: Sean White, Director of Water/Sewer Utilities, Tim Eriksen, Director of Public Works, and Jason Benson, Senior Engineer Page 184 of 592 ATTACHMENT 1 Page 185 of 592 ATTACHMENT 2 Page 186 of 592 Page 187 of 592 Purchase Order Purchase Order # THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Fiscal Year Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer Page of Delivery must be made within doors of specified destination. Item#Description/Part No.Unit Price Extended PriceUOMQty ByBy Purchasing Supervisor PO TotalVENDOR COPY BILL TO V E N D O R SHIP TO CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482 Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate 2022 1 2 47705-02 CHRISTOPHER V LARSEN1846 LUDWIG AVESANTA ROSA CA 95407-6413 CITY OF UKIAH - CIVIC CENTER300 SEMINARY AVENUEUKIAH CA 95482 01/28/2022Mary Horger 0.000FOB UKIAH/N30 PUBLIC WORKS DEPARTMENT $325,317.00 1 1.0 EACH $5,000.000 $5,000.00MOBILIZATION/DEMOBILIZATION 2 1.0 EACH $27,706.000 $27,706.00DRAIN RESERVOIR 3 1.0 EACH $14,000.000 $14,000.00DE-SILT/REMOVE SOLIDS 4 1.0 EACH $3,000.000 $3,000.00CONFINED SPACE ENTRY 5 1.0 EACH $4,000.000 $4,000.00REVIEW, INSPECT, WORK PLAN 6 31300.0 DOLL $1.000 $31,300.00CONFINED SPACE ENTRY - CONTINUED 7 18811.0 DOLL $1.000 $18,811.00TEMPORARY POWER/INTRINSICALLY SAFE LIGHTING 8 28200.0 DOLL $1.000 $28,200.00FLOOR CRACK REPAIR, CONTROLLED DEMOLITION AND DENTAL GROUTING 9 84700.0 DOLL $1.000 $84,700.00WALL CRACK REPAIRS, CRACK PREPARATION AND GROUTING 10 21500.0 DOLL $1.000 $21,500.00SMALL CRACK REPAIR, CLEAN AND PLACE CIM SEALANT 11 7800.0 DOLL $1.000 $7,800.00WASH OUT REPAIR DEBRIS 12 14200.0 DOLL $1.000 $14,200.00DECONTAMINATE FOR POTABLE WATER ATTACHMENT 3 Page 188 of 592 Purchase Order Purchase Order # THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Fiscal Year Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer Page of Delivery must be made within doors of specified destination. Item#Description/Part No.Unit Price Extended PriceUOMQty ByBy Purchasing Supervisor PO TotalVENDOR COPY BILL TO V E N D O R SHIP TO CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482 Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate 2022 2 2 47705 -02 CHRISTOPHER V LARSEN1846 LUDWIG AVESANTA ROSA CA 95407-6413 CITY OF UKIAH - CIVIC CENTER300 SEMINARY AVENUEUKIAH CA 95482 01/28/2022Mary Horger 0.000FOB UKIAH/N30 PUBLIC WORKS DEPARTMENT $325,317.00 13 4500.0 DOLL $1.000 $4,500.00TESTING AND RECOMMISSION 14 26300.0 DOLL $1.000 $26,300.00FURNISH AND INSTALL DRAIN MANIFOLD 15 1.0 EACH $34,300.000 $34,300.00ADD'L COST ... REMOVAL OF SEALANT, REPAIR FLOOR WITH CONTROLLED DEMOLITION AND DENTAL GROUTING REF REQ E39292 EMERGENCY REPAIRS, APPROVED BY CITY MANAGER AS PER PROPOSAL DATED 1/24/2022 - ITEMS 1 THRU 5. PREVAILING WAGE ADDENDUM APPLIES TO THIS PURCHASE ORDER. MH 02/15/2022: REF REQ E38080. ADDED LINES 6 THROUGH 14. MH 03/11/2022: REF REQ E38087: ADDED LINE 15. Page 189 of 592 1 GENERALLY.These Terms and Conditions ofSale(“Terms and Conditions”)apply to all purchases byCityofUkiah.(Referred to as “Buyer”).The supplier ofgoodsandservicesunderthistransactionishereinreferredtoas“Seller”.The goods or service purchasedare referred to as the “Purchase.” 2.TERMS EXCLUSIVE.Buyer will order the goodsorservicesdescribedhereinonlyuponthetermsandconditionscontainedherein.Seller’s acceptance of thisordershalloccureitherthroughcommencementofperformanceunderthisorderoracknowledgmentofthisorder.By accepting this order,Seller waives all terms andconditionscontainedinitsquotation,acknowledgment,invoice or other documents which are different from oradditionaltothosecontainedhereinandallsuchdifferentoradditionaltermsandconditionsshallbenullandvoid.SELLER MAY NOT CHANGE MATERIAL OFMANUFACTURE,SOURCES OF SUPPLY,MANUFACTURING PROCESS OR LOCATION WITHOUTTHE PRIOR WRITTEN CONSENT OF BUYER. 3.INSPECTION.All goods shall be received subjecttoBuyer’s inspection and rejection.Defective goods andgoodsotherwisenotconformingtothisordershallbeheldforSeller’s instruction and at Seller’s risk,and if Seller sodirects,shall be returned at Seller’s expense.No defectivegoodsshallbereplacedwithoutanewpurchaseorder.Payment by Buyer shall not be construed as anacceptanceofgoods.Buyer may return to Seller anynon-defective,excess goods within thirty (30)days ofreceiving them. 4.CHANGES.City may make changes within thegeneralscopeofthisorderindrawingsandspecificationsforspeciallymanufacturedsupplies,place of delivery,method of shipment or packing of the order by givingnoticetoSellerandsubsequentlyconfirmingsuchchangesinwriting.If such changes affect the cost of or the timerequiredforperformanceofthisorder,an equitableadjustmentinthepriceordeliveryorbothmustbemade.No change by Seller is allowed without City’s writtenapproval.Any claim by Seller for an adjustment under thissectionmustbemadeinwritingwithinthirty(30)days fromthedateofreceiptbySellerofnotificationofsuchchangeunlessCitywaivesthisconditioninwriting.Nothing in thissectionexcusesSellerfromproceedingwithperformanceof the order as changed. 5.TERMINATION.City may terminate this order atanytime,either verbally or in writing,with or without cause.Should termination occur,City will pay Seller as fullperformanceuntilsuchterminationtheunitorprorataorderpricefortheperformedandacceptedportionofthePurchase.City may provide written notice of terminationforSeller’s default if Seller refuses or fails to comply withthisorder.If Seller does not cure such failure within areasonabletimeperiod,or fails to perform the Purchasewithinthetimespecified(or allowed by extension),Sellerwill be liable to City for any excess costs incurred by City. 6.TIME EXTENSION.Time is of the essence Citymayextendthetimeforcompletionif,in City’s soledetermination,Seller was delayed because of causesbeyondSeller’s control and without Seller’s fault ornegligence.In the event delay was caused by City,Seller’s sole remedy is limited to recovering money actuallyandnecessarilyexpendedbySellerbecauseofthedelay;there is no right to recover anticipated profit. 7.REMEDIES CUMULATIVE.City’s rights andremediesunderthisorderarenotexclusiveandareinaddition to any rights and remedies provided by law. 8.TITLE.Title to materials and supplies purchasedunderthisorderpassdirectlyfromSellertoCityuponCity’s written acceptance following an actual inspectionand City’s opportunity to reject. 9.PAYMENT.City will pay Seller after receivingacceptableinvoicesformaterialsandsuppliesdeliveredandacceptedorservicesrenderedandaccepted.City willnotpaycartage,shipping,packaging or boxing expensesunless specified in this order. 10.INDEMNIFICATION.Seller agrees to indemnifyandholdharmlessfromandagainstanyclaim,action,damages,costs (including,without limitation,attorney’sfees),injuries,or liability,arising out of the Purchase or theorder,or their performance.Should City be named in anysuit,or should any claim be brought against it by suit orotherwise,whether the same be groundless or not,arisingoutofthePurchaseororder,or their performance,SellerwilldefendCity(at City’s request and with counselsatisfactorytoCity)and indemnify City for any judgmentrenderedagainstitoranysumspaidoutinsettlementorotherwise.For purposes of this section “City”includesCity’s officers,elected officials,and employees.Thisparagraph9willsurviveterminationofthisorder.TherequirementsastothetypesandlimitsofinsurancecoveragetobemaintainedbySeller,and any approval ofsuchinsurancebyCity,are not intended to and will not inanymannerlimitorqualifytheliabilitiesandobligationsotherwiseassumedbySellerpursuanttothisorder,including,without limitation,to the provisions concerningindemnification. 11.WARRANTY.Seller agrees that the Purchase iscoveredbythemostfavorablecommercialwarrantiestheSellergivestoanycustomerforthesameorsubstantiallysimilarsuppliesorservices,or such other more favorablewarrantiesasisspecifiedinthisorder.Warranties will beeffectivenotwithstandinganyinspectionoracceptanceofthe Purchase by City. 12.ASSIGNMENT.City may assign this order.Except as to any payment due under this order,Seller maynotassignorsubcontracttheorderwithoutCity’s writtenapproval.Should City give consent,it will not relieve Sellerfromanyobligationsunderthisorderandanytransfereeorsubcontractor will be considered Seller’s agent. 13.INSURANCE.Seller must provide the insuranceindicated on the face sheet of this order. 14.PERMITS.Seller must procure all necessarypermitsandlicenses,and abide by all federal,state,andlocal laws, for performing this order. 15.INDEPENDENT CONTRACTOR.City and SelleragreethatSellerwillactasanindependentcontractorandwillhavecontrolofallworkandthemannerinwhichitisperformed.Seller will be free to contract for similar servicetobeperformedforotheremployerswhileundercontractwithCity.Seller is not an agent or employee of City and isnotentitledtoparticipateinanypensionplan,insurance,bonus or similar benefits City provides for its employees.Any provision in this order that may appear to give City therighttodirectSellerastothedetailsofdoingtheworkortoexerciseameasureofcontrolovertheworkmeanstheSellerwillfollowthedirectionoftheCityastoendresultsof the work only. 16.WAIVER.City’s review or acceptance of,orpaymentfor,work product prepared by Seller under thisorderwillnotbeconstruedtooperateasawaiverofanyrightsCitymayhaveunderthisAgreementorofanycauseofactionarisingfromSeller’s performance.A waiver byCityofanybreachofanyterm,covenant,or conditioncontainedinthisorderwillnotbedeemedtobeawaiverofanysubsequentbreachofthesameoranyotherterm,covenant,or condition contained in this order,whether ofthe same or different character. 17.INTERPRETATION.This Agreement was draftedin,and will be construed in accordance with the laws of theStateofCalifornia,and exclusive venue for any actioninvolving this agreement will be in Mendocino County. Page 190 of 592 Page 1 of 2 Agenda Item No: 7.k. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1483 AGENDA SUMMARY REPORT SUBJECT: Approve a Three-Year Contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) Financial Software Servers in the Amount of $494,670, and Approve a Corresponding Budget Amendment. DEPARTMENT: Information Services PREPARED BY: Scott Shaver, I.T. Manager, Ryan Burkhart, IT Manager, Mary Horger, Financial Services Manager PRESENTER: Ryan Burkhart - IT Manager; Scott Schaver - IT Special Projects ATTACHMENTS: 1. Council Approved Agenda Summary Report (ASR) 2. Ukiah SaaS Quote 3. Ukiah Total Cost of Ownership 4. Tyler Technologies Draft Agreement Summary: Council will consider approving a three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) financial software servers in the amount of $494,670. Background: At the Council meeting on February 16, 2022, Council approved the purchase of Vendor Cloud Hosting of the Tyler Munis Enterprise Resource Planning (ERP) financial software servers in the amount of $170,296 (please refer to Attachment 1). While a complete three-year contract was reviewed and considered by the Council in the supporting documentation of the earlier staff report, Staff requested authorization only for the first year. The proposal and quote is provided again here (please refer to Attachment 2 – Ukiah SaaS Quote, and Attachment 3 – Ukiah Total Cost of Ownership). Only the first year of the contract was requested in the Staff report and approved by the Council with the intention of renewing it annually through the budget process. Upon further consideration by the City's Procurement Division, it was determined more appropriate and beneficial for the City to authorize the entire agreement in order to capitalize on discounts available to it by the vendor for agreeing to a longer term. For the full representation of the Tyler Technologies Draft Agreement (please refer to Attachment 4). Discussion: Because only the first year of a three-year agreement with Vendor Cloud Hosting was approved in the amount of $170,296, staff recommends Council approve the full three-year contract as originally intended. By entering a three-year contract, it saves $1,062 in the initial one-time fees, and a total of $80,381.15 in recurring fees for the first three years. The full three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of Enterprise Resource Planning (ERP) financial software services is for the amount of $494,670. This fiscal year, the first year cost ($170,296) will be realized. However, by also encumbering years 2 and 3 now, the budget will be auto adjusted for each of those fiscal years, but only the actual cost for that given year will be incurred. Page 191 of 592 Page 2 of 2 Recommended Action: Approve a three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) financial software servers in the amount of $494,670, and approve a corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 20913900.54320: $170,296 PROPOSED BUDGET AMOUNT: 20913900.54320: $324,374 FINANCING SOURCE: Internal Service Allocation PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Mary Horger, Financial Services Manager Page 192 of 592 Page 1 of 2 Agenda Item No: 7.k. MEETING DATE/TIME: 2/16/2022 ITEM NO: 2022-1343 AGENDA SUMMARY REPORT SUBJECT: Approval of Purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00. DEPARTMENT:Information Services PREPARED BY:Ryan Burkhart, IT Manager, Scott Shaver, I.T. Manager PRESENTER:Ryan Burkhart, IT Manager ATTACHMENTS: 1.Tyler Supportive Information 2.Ukiah TCO 3.Ukiah SaaS Quote Summary: Council will consider approving a purchase of a vendor cloud hosting of our Tyler Munis Enterprise Resource Planning (ERP) Finance system. Background: Five Tyler Munis Enterprise Resource Planning (ERP) servers have been hosted on premise by the City of Ukiah for several years and continue to require additional staff time for upgrades/updates, infrastructure resources, Tyler technical support costs, and Tyler Disaster Recovery costs. Discussion: Cloud hosting our ERP servers with Tyler, includes all associated technical support, maintenance and disaster recovery costs. Please see (Attachment 1) for general supportive information regarding Tyler Cloud Hosting. For the full Tyler Cloud hosting quote, please see (Attachment 3). For cost differentials between on-premise hosting and vendor cloud hosting, please see (Attachment 2). Although there is additional cost incurred for vendor cloud hosting, there are other needed and valuable aspects included. These valuable aspects are encompassed within the Information Technology (IT) Division’s IT Strategic Plan (currently under development), which includes Disaster Recovery and Business Continuity for all City divisions in the event of disaster. In addition, the effect of the ERP technology footprint on our Data Center will diminish considerably, which falls within our Green Initiative for power saving in our local data center. This includes the cost of battery backup purchases, power consumption of equipment, and cooling. The goal of IT over the next three years, is to diminish contingencies in our data center by as much as 50%, while still providing current services with little or no change in service delivery. By migrating the ERP servers to the cloud, less dependency is realized on our on-premise data center. This would constitute long term savings by minimizing the requirements and scope of the storage and server infrastructure replacement every five years, which is due again this fiscal year. Vendor cloud hosting of our Tyler ERP will provide secure user access to the Finance system from any Internet connection, allowing City Finance services for all divisions to continue uninterrupted despite disasters, with no contingencies on local Civic Center data access. ATTACHMENT 1 Page 193 of 592 Page 2 of 2 Recommended Action: Approve purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 20913900.54320: $170,296.00 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Scott Shaver, IT Special Projects Page 194 of 592 2021-292416-L7X3M5 Page 1 Quoted By:Karen Grosset Quote Expiration:05/15/22 Quote Name:City of Ukiah - ERP - SaaS Hosting Quote Description: SaaS Hosting Saas Term 3.00 Sales Quotation For: City of Ukiah 300 Seminary Ave Ukiah CA 95482-5400 Phone: +1 (707) 463-6200 Tyler SaaS and Related Services Description Qty Imp. Hours Annual Fee Additional Tyler Forms Processing 1 0 $ 4,694 Financial Management Accounting/GL/BG/AP 1 0 $ 17,203 Bid Management 1 0 $ 1,958 BMI Asset Track Interface 1 0 $ 1,305 BMI CollectIT Interface 1 0 $ 1,305 Capital Assets 1 0 $ 4,568 Cash Management 1 0 $ 2,966 Contract Management 1 0 $ 1,958 eProcurement 1 0 $ 2,966 Inventory 1 0 $ 4,241 Project & Grant Accounting 1 0 $ 3,559 Purchase Orders 1 0 $ 4,568 Requisitions 1 0 $ 2,966 Revenue Management Accounts Receivable 1 0 $ 3,915 ATTACHMENT 2 Page 195 of 592 2021-292416-L7X3M5 Page 2 Central Property File 1 0 $ 1,556 General Billing 1 0 $ 1,780 Permits & Code Enforcement 1 0 $ 8,260 Tyler Cashiering 1 0 $ 6,526 Subscription Fees ACFR Statement Builder 1 0 $ 5,935 Concurrent Users 30 0 $ 30,000 Civic Services Citizen Self Service 1 0 $ 3,915 Tyler GIS - Site License 1 0 $ 2,966 Human Resources Management Human Resources & Talent Management 1 0 $ 6,218 Payroll w/ESS 1 0 $ 9,551 Recruiting 1 0 $ 2,456 Data Insights Munis Office 1 0 $ 2,967 Role Tailored Dashboard 1 0 $ 2,967 Tyler Reporting Services 1 0 $ 5,304 Enterprise Asset Management Asset Maintenance 1 0 $ 5,309 Document Management Tyler Content Manager SE 1 0 $ 8,305 TOTAL 0 $ 162,187 Professional Services Description Quantity Unit Price Extended Price Maintenance Project Planning Services 1 $ 8,109 $ 8,109 $ 0 TOTAL $ 8,109 $ 0 Page 196 of 592 2021-292416-L7X3M5 Page 3 Summary One Time Fees Recurring Fees Total Tyler Software $ 0 $ 0 Total Annual $ 0 $ 162,187 Total Tyler Services $ 8,109 $ 0 Total Third-Party Hardware, Software, Services $ 0 $ 0 Summary Total $ 8,109 $ 162,187 Contract Total $ 494,670 Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval:Date: Print Name:P.O.#: All Primary values quoted in US Dollars Page 197 of 592 2021-292416-L7X3M5 Page 4 Comments Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms: •License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client; •Fees for hardware are invoiced upon delivery; •Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; •Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement. •Fees for services included in this sales quotation shall be invoiced as indicated below. Implementation and other professional services fees shall be invoiced as delivered. Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. •Expenses associated with onsite services are invoiced as incurred. Page 198 of 592 2021-292416-L7X3M5 Page 5 Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors. Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly. Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost. In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. Implementation hours are scheduled and delivered in four (4) or eight (8) hour increments. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the- Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. Tyler Content Manager SE includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB. The SaaS fees for products that are not named users are based on 30 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories. Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G. General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt. Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change. Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R. Page 199 of 592 2021-292416-L7X3M5 Page 6 Permits library includes: standard Building permit, standard Trades permit, standard Zoning permit and standard certificate of occupancy/completion. Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support. In the event Client acquires from Tyler any edition of Tyler Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Tyler Content Manager software with non-Tyler applications, Client must purchase or upgrade to Tyler Content Manager Enterprise Edition. Page 200 of 592 SELF HOSTED Initial Cost Year 1 Year 2 Year 3 Server Hardware ‐ Budget every 3‐5 years $17,020 $0 $0 $17,020 Server Hardware Maintenance $0 $3,020 $3,020 $6,040 System Software, SQL, and Application Costs $9,998 $0 $0 $9,998 System Software Maintenance (4J's ‐ coding language)$1,650 $1,650 $1,650 $4,950 Other Costs ‐ Facilities, FTE (est 2 hours/day @ $60 salary/benefits)$32,100 $32,100 $32,100 $96,300 Tyler Munis Software Maintenance $64,825 $68,066 $71,470 $204,361 5% Annual increase Tyler Systems Management Support $17,112 $17,968 $18,866 $53,946 5% Annual increase Tyler Disaster Recovery $16,812 $17,653 $18,535 $53,000 5% Annual increase Totals $159,517 $140,456 $145,641 $445,614 SOFTWARE AS A SERVICE SOLUTION Initial Cost Year 1 Year 2 Year 3 Project Planning Services $8,109.00 0 0 $8,109.00 PACE Upgrade Assistance $0.00 0 0 $0.00 Annual Fee $162,187.00 $162,187.00 $162,187.00 $486,561.00 Totals $170,296.00 $162,187.00 $162,187.00 $494,670.00 Recurring Annual Cost Total SaaS Solution 3‐Year Cost SaaS Cost Comparison Recurring Annual Cost Total Self Hosted 3‐Year Cost Ukiah, CA ATTACHMENT 3 Page 201 of 592 1 SOFTWARE AS A SERVICE AGREEMENT This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS •“Agreement” means this Software as a Service Agreement. •“Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. •“Client” means the City of Ukiah, California. •“Data” means your data necessary to utilize the Tyler Software. •“Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary. •“Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. •“Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains EnerGov labeled software, defined users mean the maximum number of named users that are authorized to use the EnerGov labeled modules as indicated in the Investment Summary. •“Developer” means a third party who owns the intellectual property rights to Third Party Software. •“Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. •“Effective Date” means the date by which both your and our authorized representatives have signed the Agreement. •“Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. •“Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A. ATTACHMENT 4 Page 202 of 592 2 • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto. • “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C. • “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. • “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary. • “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary. • “Third Party Services” means the third party services, if any, identified in the Investment Summary. • “Third Party Software” means the third party software, if any, identified in the Investment Summary. • “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – SAAS SERVICES 1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such Page 203 of 592 3 software available to you for download. 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process. 6. SaaS Services. 6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center. Page 204 of 592 4 6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers. 6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored. 6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific. Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data. 6.7 We provide secure Data transmission paths between each of your workstations and our servers. 6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. 6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to Page 205 of 592 5 supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. SECTION C – PROFESSIONAL SERVICES 1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. 3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you. 6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. 7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. 8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts Page 206 of 592 6 to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will: 9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy); 9.2 provide support during our established support hours; 9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then- current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice. Page 207 of 592 7 SECTION D – THIRD PARTY PRODUCTS 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant access to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. 4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy. SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION F – TERM AND TERMINATION 1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services Page 208 of 592 8 in Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement. 2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2). 2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3). 2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more. 2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement. Page 209 of 592 9 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN Page 210 of 592 10 RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION H – GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a Page 211 of 592 11 copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. Page 212 of 592 12 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all Page 213 of 592 13 traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request. 19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 23. Socrata Solution Terms. Your use of certain Tyler solutions includes Tyler’s Socrata data platform. Your rights, and the rights of any of your end users, to use Tyler’s Socrata data platform is subject to the Socrata SaaS Services Terms of Service, available at https://www.tylertech.com/terms/socrata- saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms. 24. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Service Level Agreement Schedule 1: Support Call Process Exhibit D Third Party Terms Schedule 1: Hyperlinked Terms Schedule 2: DocOrigin Terms Page 214 of 592 14 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. City of Ukiah, CA By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Ukiah, CA One Tyler Drive 300 Seminary Avenue Yarmouth, ME 04096 Ukiah, CA 95482 Attention: Chief Legal Officer Attention: ______________________________ Page 215 of 592 Exhibit A 1 Exhibit A Investment Summary The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Tyler sales quotation to be inserted prior to Agreement execution. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 216 of 592 2021-292416-L7X3M5 Page 1 Quoted By:Karen Grosset Quote Expiration:05/15/22 Quote Name:City of Ukiah - ERP - SaaS Hosting Quote Description: SaaS Hosting Saas Term 3.00 Sales Quotation For: City of Ukiah 300 Seminary Ave Ukiah CA 95482-5400 Phone: +1 (707) 463-6200 Tyler SaaS and Related Services Description Qty Imp. Hours Annual Fee Additional Tyler Forms Processing 1 0 $ 4,694 Financial Management Accounting/GL/BG/AP 1 0 $ 17,203 Bid Management 1 0 $ 1,958 BMI Asset Track Interface 1 0 $ 1,305 BMI CollectIT Interface 1 0 $ 1,305 Capital Assets 1 0 $ 4,568 Cash Management 1 0 $ 2,966 Contract Management 1 0 $ 1,958 eProcurement 1 0 $ 2,966 Inventory 1 0 $ 4,241 Project & Grant Accounting 1 0 $ 3,559 Purchase Orders 1 0 $ 4,568 Requisitions 1 0 $ 2,966 Revenue Management Accounts Receivable 1 0 $ 3,915 Page 217 of 592 2021-292416-L7X3M5 Page 2 Central Property File 1 0 $ 1,556 General Billing 1 0 $ 1,780 Permits & Code Enforcement 1 0 $ 8,260 Tyler Cashiering 1 0 $ 6,526 Subscription Fees ACFR Statement Builder 1 0 $ 5,935 Concurrent Users 30 0 $ 30,000 Civic Services Citizen Self Service 1 0 $ 3,915 Tyler GIS - Site License 1 0 $ 2,966 Human Resources Management Human Resources & Talent Management 1 0 $ 6,218 Payroll w/ESS 1 0 $ 9,551 Recruiting 1 0 $ 2,456 Data Insights Munis Office 1 0 $ 2,967 Role Tailored Dashboard 1 0 $ 2,967 Tyler Reporting Services 1 0 $ 5,304 Enterprise Asset Management Asset Maintenance 1 0 $ 5,309 Document Management Tyler Content Manager SE 1 0 $ 8,305 TOTAL 0 $ 162,187 Professional Services Description Quantity Unit Price Extended Price Maintenance Project Planning Services 1 $ 8,109 $ 8,109 $ 0 TOTAL $ 8,109 $ 0 Page 218 of 592 2021-292416-L7X3M5 Page 3 Summary One Time Fees Recurring Fees Total Tyler Software $ 0 $ 0 Total Annual $ 0 $ 162,187 Total Tyler Services $ 8,109 $ 0 Total Third-Party Hardware, Software, Services $ 0 $ 0 Summary Total $ 8,109 $ 162,187 Contract Total $ 494,670 Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval:Date: Print Name:P.O.#: All Primary values quoted in US Dollars Page 219 of 592 2021-292416-L7X3M5 Page 4 Comments Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms: •License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client; •Fees for hardware are invoiced upon delivery; •Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; •Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement. •Fees for services included in this sales quotation shall be invoiced as indicated below. Implementation and other professional services fees shall be invoiced as delivered. Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. •Expenses associated with onsite services are invoiced as incurred. Page 220 of 592 2021-292416-L7X3M5 Page 5 Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors. Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly. Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost. In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. Implementation hours are scheduled and delivered in four (4) or eight (8) hour increments. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the- Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. Tyler Content Manager SE includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB. The SaaS fees for products that are not named users are based on 30 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories. Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G. General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt. Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change. Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R. Page 221 of 592 2021-292416-L7X3M5 Page 6 Permits library includes: standard Building permit, standard Trades permit, standard Zoning permit and standard certificate of occupancy/completion. Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support. In the event Client acquires from Tyler any edition of Tyler Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Tyler Content Manager software with non-Tyler applications, Client must purchase or upgrade to Tyler Content Manager Enterprise Edition. Page 222 of 592 Exhibit B 1 Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates. 2. Other Tyler Software and Services. 2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN. 2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. 2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement. Page 223 of 592 Exhibit B 2 2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. 3. Third Party Products. 3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading. 3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. 3.5 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates. 4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Schedule A and may be increased by Tyler upon notice of no less than thirty (30) days. 5. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. 6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit for the maintenance and support fees prepaid for the Tyler Software for the time period commencing on the first day of the SaaS Term. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting AR@tylertech.com. Page 224 of 592 Exhibit B Schedule 1 1 Exhibit B Business Travel Policy 1. Air Travel A. Reservations & Tickets The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. Page 225 of 592 Exhibit B Schedule 1 2 2. Ground Transportation A. Private Automobile Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. Page 226 of 592 Exhibit B Schedule 1 3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Return Day Dinner Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: Breakfast 15% Lunch 25% Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. Page 227 of 592 Exhibit B Schedule 1 4 5. Internet Access – Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. Page 228 of 592 Exhibit C 1 Exhibit C Service Level Agreement I. Agreement Overview This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process. II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement. Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter, calculated as follows: (Service Availability – Downtime) ÷ Service Availability. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control. Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present. Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client. Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window. Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week. III. Service Availability a. Your Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Page 229 of 592 Exhibit C 2 Downtime, a Client Error Incident, Denial of Service attack or Force Majeure). We will also work with you to resume normal operations. c. Client Relief Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the calendar quarter. In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your relief request within thirty (30) day(s) of receipt. The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. Client Relief Schedule Actual Attainment Client Relief 99.99% - 98.00% Remedial action will be taken 97.99% - 95.00% 4% Below 95.00% 5% IV. Maintenance Notifications We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable during the maintenance window. Page 230 of 592 Exhibit C Schedule 1 1 Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support for authorized users*: (1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website. A built-in Answer Panel provides users with resolutions to most “how-to” and configuration- based questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case. (2) Email – for less urgent situations, users may submit emails directly to the software support group. (3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support. * Channel availability may be limited for certain applications. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information. (2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7. (3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products. Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days. New Year’s Day Labor Day Martin Luther King, Jr. Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of Page 231 of 592 Exhibit C Schedule 1 2 such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below. We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment. Incident Handling Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly. Incident Priority Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only. References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident. Priority Level Characteristics of Support Incident Resolution Targets* 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the incident. Once the incident has been confirmed, Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database. Page 232 of 592 Exhibit C Schedule 1 3 Priority Level Characteristics of Support Incident Resolution Targets* 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed, Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. For non-hosted customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available database. 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the incident. Once the incident has been confirmed, Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack, which shall occur at least quarterly. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database. 4 Non- critical Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of the incident. Once the incident has been confirmed, Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. *Response and Resolution Targets may differ by product or business need Incident Escalation If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect. Remote Support Tool Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. Page 233 of 592 Exhibit D 1 Exhibit D Third Party Terms REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 234 of 592 Exhibit D Schedule 1 1 Exhibit D Schedule 1 Hyperlinked Terms Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you agree that you have read, understood, and agree to such terms. Quatred Terms. Your use of Quatred solutions is subject to the End User License Agreement terms found here: https://www.quatred.com/eula. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Quatred solutions provided to you by Tyler, you agree that you have read, understood, and agree to such terms. ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms. Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said functionality are subject to the terms of the Twilio Acceptable Use Policy, available at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any such Tyler solution, you certify that you have reviewed, understand and agree to said terms. Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest solely with the person or entity whose conduct violated said terms. • Electronic Warrants • Modria • Odyssey Notifications Add On (text notifications) • ReadySub • Tyler Notify • Tyler Jury Manager • Tyler Supervision • Virtual Court Page 235 of 592 Exhibit D Schedule 2 1 Exhibit D Schedule 2 DocOrigin Terms REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 236 of 592 Exhibit D Schedule 2 2 Page 237 of 592 Exhibit D Schedule 2 3 Page 238 of 592 Exhibit D Schedule 2 4 Page 239 of 592 Exhibit D Schedule 2 5 Page 240 of 592 Exhibit D Schedule 2 6 Page 241 of 592 Page 1 of 2 Agenda Item No: 7.l. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1484 AGENDA SUMMARY REPORT SUBJECT: Approve the Purchase of Three Cluster Servers, One Virtual Machine Management Server, One Compellent Storage Array and Two Dell Network Switches to DESIGN in the Amount of $125,129; Additionally, Approve the Replacement of the APC-Schneider Electric System Power Components to Schneider Electric IT Corporation in the Amount of $39,363, for a Total Project Cost of $164,492, and Approve Corresponding Budget Amendment. DEPARTMENT: Information Services PREPARED BY: Ryan Burkhart, IT Manager, Scott Shaver, I.T. Manager PRESENTER: Ryan Burkhart - IT Manager; Scott Shaver - IT Special Projects ATTACHMENTS: 1. Dell-Server-Storage-Network Switch Refresh Quote (1) 2. APC-Schneider Electric-Power Refresh Battery Replacement Quote (1) 3. Power Component Refresh - SOW (1) 4. Battery Replacement SOW (1) Summary: Council will consider replacement of Four Cluster Servers, One Virtual Machine Management Server, One Compellent Storage Array, two Dell Network Switches and a refresh of the APC/Schneider Electric Backup Power System Components and batteries that are approaching End of Life (EOL). Background: The City of Ukiah virtual production servers and storage operation consists of four Dell Cluster Servers, one Dell System Center Virtual Machine Manager Server, two Dell network switches and a Dell Compellent storage array serving as the City Cloud. These serve together as the vital core of our back-end production environment. Additionally, the City relies on an APC/Schneider Electric three-phase power system with associated batteries for power backup in the case of power outages. Discussion: In preparation of the 20/21 FY Budget and 20/21 Information Technology (IT) Roadmap, IT acknowledged that the four Cluster Servers, Virtual Machine Manager Server, Compellent Storage Array and both Dell Network Switches were approaching EOL and in need of replacement according to the contractual five-year life. These machines and switches are now approaching five years old and the support contract ends at five years. In addition, the Compellent Storage Array is no longer being manufactured, which would affect general support even if an extended support contract were needed. The new proposed servers, switches and storage system will include a five-year support contract to cover support issues during the life of the contract. They are now at the end of their five-year replacement cycle from the date of purchase, which also ends the vendor support contract. Full vendor support of this equipment is key to the City, for support of the equipment in the event of failure. In addition, the APC/Schneider Electric system power components are fourteen years old, are at EOL, and require a power component refresh with battery replacement. Just recently, Council approved the vendor cloud hosting of the five Tyler Munis Enterprise Resource Planning (ERP) Finance servers. By moving the ERP server to the vendor cloud and relieving the load on the City's data center, the purchase of only three cluster servers is necessary rather than four. This will contribute to savings, and falls within IT’s Data Center Footprint Reduction Initiative. Page 242 of 592 Page 2 of 2 • Please see (Attachment 1) for the Dell-Server/Storage/Network Switch Refresh Quote at approximately $125,129.00 • Please see (Attachment 2) for the APC/Schneider Electric-Power Refresh / Battery Replacement Quote at approximately $39,363.00 • Please see (Attachment 3) for Power Component Refresh - Statement of Work (SOW) • Please see (Attachment 4) for Battery Replacement - (SOW) The project will be funded by a General Fund inter-fund loan, and will paid back in fiscal year 2022-23. Recommended Action: Approve the purchase of three cluster servers, one virtual machine management server, one Compellent Storage Array and two Dell Network Switches to DESIGN for the amount of $125,129; Additionally, approve the replacement of the APC-Schneider Electric System Power Components with Schneider Electric IT Corporation for the amount of $39,363, for a total project cost of $164,492, and approve corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 20913900.80100.17047: $0; 20913900.54100: $0 PROPOSED BUDGET AMOUNT: 20913900.80100.17047: $125,129; 20913900.54100: $39,363 FINANCING SOURCE: Interfund loan with the general fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Page 243 of 592 Jack Goss Regional Sales Director The [RE]DESIGN Group jgoss@redesign-group.com Prepared for Ryan Burkhard IT Manager City of Ukiah rburkhart@cityofukiah.com Prepared by Project Thursday, January 27, 2022 Data Center Moderinzation Quote # 1216, Version 1 Proposal ATTACHMENT 1 Page 244 of 592 City of Ukiah | Data Center Moderinzation Quote # 1216, Version 1 Delivered: January 27, 2022 Jack Goss The [RE]DESIGN Group 2629 Manhattan Ave, Suite 307 Hermosa Beach, CA 90254 jgoss@redesign-group.com Prepared for Ryan Burkhard IT Manager City of Ukiah rburkhart@cityofukiah.com Prepared by Valid through: February 24, 2022 Description Price Qty Ext. Price Servers (3) PowerEdge R650 Servers - 3 Years ProSupport Mission Critical $43,449.00 1 $43,449.00 8x2.5 Front Storage 3 SAS/SATA Backplane 3 No Rear Storage 3 PowerEdge R650xs 3 Trusted Platform Module 2.0 v3 3 2.5" Chassis with up to 8 Hard Drives 3 Intel Xeon Gold 6326 2.9G 16C/32T 11.2GT/s 24M Cache Turbo HT (185W) DDR4-3200 3 Intel Xeon Gold 6326 2.9G 16C/32T 11.2GT/s 24M Cache Turbo HT (185W) DDR4-3200 3 Additional Processor Selected 3 Heatsink for CPU greater than or equal to 185W 3 Heatsink for CPU greater than or equal to 185W 3 Quote #001216 v1 www.redesign-group.com Page 245 of 592 Description Price Qty Ext. Price Servers Performance Optimized 3 3200MT/s RDIMMs 3 64GB RDIMM 3200MT/s Dual Rank 24 RAID 1 3 PERC H755 SAS Front 3 Front PERC Mechanical Parts for 3.5"" Chassis 3 480GB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug AG Drive 1 DWPD 876 TBW 6 Performance BIOS Settings 3 UEFI BIOS Boot Mode with GPT Partition 3 High Performance Fan x7 3 Dual Hot-plug Redundant Power Supply (1+1) 1400W 3 C13 to C14 PDU Style 12 AMP 6.5 Feet (2m) Power Cord North America 6 Riser Config 3, 1xOCP 3.0(x16)+ 2x16 3 PowerEdge R650xs Motherboard 3 OpenManage Enterprise Advanced 3 iDRAC9 Datacenter 15G 3 Intel E810-XXV Dual Port 10/25GbE SFP28, OCP NIC 3.0 3 Intel X710-T4L Quad Port 10GbE BASE-T Adapter PCIe Low Profile 3 LCD Bezel for 4x3.5 chassis 3 Dell EMC Luggage Tag (x8 or x10 ch 3 No Quick Sync 3 Quote #001216 v1 www.redesign-group.com Page 246 of 592 Description Price Qty Ext. Price Servers iDRAC Factory Generated Password 3 iDRAC Group Manager Disabled 3 No Operating System 3 No Media Required 3 ReadyRails Sliding Rails Without Cable Management Arm 3 Cable Management Arm 3 No Internal Optical Drive 3 No Systems Documentation No OpenManage DVD Kit 3 PowerEdge R650xs Shipping 3 PowerEdge R650xs x8 Shipping Mat 3 1U No CCC or CE Marking 3 Dell/EMC label (BIS) for Chassis 3 US Order 3 Dell Hardware Limited Warranty Plus Onsite Service 3 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years 3 ProSupport Mission Critical 7x24 Technical Support and Assistance 3 Years 3 Thank you choosing Dell ProSupport. For tech support visit //www.dell.com/support or call 1-800- 945-3355 3 Certified Deployment Partner T2 3 Subtotal:$43,449.00 Quote #001216 v1 www.redesign-group.com Page 247 of 592 Description Price Qty Ext. Price Storage (1) PowerStore 500T: NVMe Storage with 3 Years ProSupport Mission Critical $49,208.00 1 $49,208.00 PowerStore 500T Customer Rack 1 192GB Appliance DIMM 96GB Per Node 1 379-BEIQ 1 P1 25X2.5 NVME SED SSD 1.92TB 9 PowerStore Base SW 1 25GBE OPTICAL 4 PORT CARD PAIR 1 LOW LINE POWER SUPPLY RT PAIR 1 C13 PWRCORD PAIR NEMA5-15 125V 10A 2METR 1 C19 PWRCORD PAIR NEMA5-15 125V 10A 2Metr 1 3M PASSIVE 10G TWINAX CABLE QTY 2 2 3M PASSIVE 25G TWINAX CABLE QTY 2 2 BASE UNIT CONFIG KIT 1 ISG Product (info)1 3 Years ProSupport and Mission Critical 4 Hour Onsite Service 1 3 Years ProSupport and Mission Critical 4 Hour Onsite Service 1 3 Years ProSupport and Mission Critical 4 Hour Onsite Service 1 3 Years ProSupport and Mission Critical 4 Hour Onsite Service 1 Dell Hardware Limited Warranty Plus On Site Service Extended Year 1 Thank you choosing Dell ProSupport. For tech support visit //www.dell.com/support or call 1-800- 945-3355 1 Quote #001216 v1 www.redesign-group.com Page 248 of 592 Description Price Qty Ext. Price Storage ProSupport: Mission Critical 4-Hour 7x24 On-Site Low Capacity SSD Add-On 3 Years 9 Informational Purposes Only 1 Certified Deployment Partner T2 1 US Order 1 AppSync for PowerStore 1 AppSync Str Pk for PowerStore=CB 1 On-Site Installation Declined 1 ProSupport Mission Critical for AppSync Starter Pack Software Support Maintenance 3 Years 1 ProSupport Mission Critical for AppSync Starter Pack Software Support Contract 3 Years 1 Subtotal:$49,208.00 Description Price Qty Ext. Price Top - of - Rack Switching (2) S5224F - ON 10GbE Top - of - Rack Switches with 3 Years ProSupport Mission Critical $23,987.00 1 $23,987.00 Dell EMC S5224F-ON Switch 24x 25GbE SFP28 4x 100GbE QSFP28 ports IO to PSU air 2x PSU OS10 2 VLT Tech Sheet Document 2 Dell EMC S52XX-ON Series User Guide 2 OS10 Enterprise S5224F-ON 2 Dell Networking Transceiver SFP 1000BASE-T 4 Dell Networking Transceiver SFP+ 10GbE SR 850nm Wavelength 300m Reach 8 Quote #001216 v1 www.redesign-group.com Page 249 of 592 Description Price Qty Ext. Price Top - of - Rack Switching Dell Networking Cable 100GbE QSFP28 to QSFP28 Passive Copper Direct Attach Cable 1 Meter 2 Dell Networking Cable SFP+ to SFP+ 10GbE Active Optical (Optics included) Cable 3 Meter 16 Dell Networking Cable SFP28 to SFP28 25GbE Passive Copper Twinax Direct Attach Cable 3 Meter 16 Power Cord 125V 15A 10 Feet NEMA 5-15/C13 2 Power Cord 125V 15A 10 Feet NEMA 5-15/C13 2 Dell Hardware Limited Warranty 1 Year 2 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch 1 Year 2 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch Extended to 2 Years 2 ProSupport Mission Critical:7x24 HW/SW Technical Support and Assistance 3 Years 2 Dell Limited Hardware Warranty Extended Year(s)2 Thank you choosing Dell ProSupport. For tech support visit //www.dell.com/support or call 1-800- 945-3355 2 Info 3rd Party Software Warranty provided by Vendor 2 Certified Deployment Partner T2 2 3 Years ProSupport OS10 Enterprise Software Support-Maintenance 2 Subtotal:$23,987.00 Description Price Qty Ext. Price Implementation Onsite Resource for Comprehensive, White-Glove Implementation - Included $0.00 1 $0.00 Quote #001216 v1 www.redesign-group.com Page 250 of 592 Description Price Qty Ext. Price Implementation Subtotal:$0.00 Quote #001216 v1 www.redesign-group.com Page 251 of 592 City of Ukiah | Data Center Moderinzation Quote # 1216, Version 1 Delivered: January 27, 2022 Valid through: February 24, 2022 Description Amount Quote Summary Servers $43,449.00 Storage $49,208.00 Top - of - Rack Switching $23,987.00 Implementation $0.00 Subtotal:$116,644.00 Estimated Tax: $8,484.36 Total:$125,128.36 Acceptance of this Quote is binding and the above item(s) will be purchased in reliance thereon. All sales are final. After orders are placed, a final invoice will be provided that shall include all applicable taxes, shipping charges, and payment terms not included herein. Any invoice amounts not timely paid will be subject to a daily interest charge, at the prorated amount of 1.5% per month, or at the highest interest rate allowable under California law. By signing below, the above-named Company, acting under due and proper authority, hereby agrees that this Quote constitutes a binding Agreement with The [RE]DESIGN Group. The [RE]DESIGN Group Signature: Name: Date: Signature: Name:Jack Goss Title:Regional Sales Director Date: City of Ukiah Quote #001216 v1 www.redesign-group.com Page 252 of 592 Tammie Hawthorne HAROLD WELLS ASSOCIATES, INC. 1046 W. Taylor Street #101 San Jose, CA 95126 O)925-355-9900 ext. 1120 tammie.hawthorne@hwapower.com ASP | Certified Service Sales Partner For SCHNEIDER ELECTRIC IT CORPORATION CITY OF UKIAH Quote Number: TH12722-2APC revised OP ID#: OP-180129-6978044 Quote Date: 2/23/22 Prepared for: Scott Shaver Phone: 707-463-6217 Email: ssshaver@cityofukiah.com Site Address: 300 Seminary Ave Ukiah, CA 95482 ATTACHMENT 2 Page 253 of 592 Page 2 SCHNEIDER ELECTRIC IT USA, INC. 70 Mechanic Street, Foxboro, MA 02035 http://www.schneider-electric.com Products and Services (All Prices in USD) Description of Services Item Serial Number(s) Net Price Extended Symmetra PX 20kVA UPS PD0802360122 Modular Power Revitalization Service Parts & Labor to Replace 3 Power Modules, 2 Intelligence Modules, Display, Network Management Card, Battery Monitoring Card, Swgr Monitoring Card, Static Switch, and Power Supply. Comes With a 1 Year Advantage Ultra Service Plan with Next Business Day Response. * UPS must be in bypass to perform this service $16,660.00 $16,660.00 Modular Battery Replacement Service consists of Qty. 10 SYBT4 Batteries (40 total), Labor to install during normal business hours and removal & disposal of old. $18,933.00 $18,933.00 Dock to Dock Freight – Quote# 88832124 $ 637.43 $ 637.43 Sales Tax @ 8.8% $3,126.90 $3,132.18 Grand Total (USD): $39,362.61 *OPTIONAL: Upgrade inclusive Ultra Contract to include 4 Hour Response, please add $674.00 to price above General Conditions Billing detail Quote validity: 90 Days Payment term: NET30 Terms and Conditions ANY ORDER PLACED PURSUANT TO THIS QUOTATION SHALL BE GOVERNED SOLELY BY THE TERMS AND CONDITIONS SET FORTH AT https://download.schneider-electric.com/files?p_Doc_Ref=SPD_CFOT-AHJQSX_EN Purchase order must be issued to SCHNEIDER ELECTRIC IT CORPORATION. 5081 COLLECTIONS CENTER DRIVE, CHICAGO, IL 60693 and emailed to tammie.hawthorne@hwapower.com for processing. Pricing does not include Freight or Applicable Taxes. All services will be performed during normal business hours, unless an off-hours upgrade is purchased, and with standard accessibility (no stairs, no scale). Otherwise, Services will not be executed and additional cost will have to be applied. All Services must be performed within one year of purchase date or they will be forfeited The Customer acknowledges that the products or part thereof are produced in, or otherwise sourced from, or will be installed areas already affected by, or that may be affected in the future by, the prevailing COVID-19 epidemics/pandemic and that the situation may trigger stoppage, hindrance or delays in Vendor’s (or its subcontractors) capacity to produce, deliver, install or service the products, irrespective of whether such stoppage, hindrance or delays are due to measures imposed by authorities or deliberately implemented by the Vendor (or its subcontractors) as preventive or curative measures to avoid harmful contamination exposure of Vendor’s (or its subcontractors’) employees. The Customer therefore recognizes that such circumstances shall be considered as a cause for excusable delay not exposing the Vendor to contractual sanctions including without limitation delay penalties, liquidated or other damages or termination for default Thank you for the opportunity to quote on your service needs. Sincerely, Tammie Hawthorne Certified Service Sales Partner Page 254 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 3Aug15 - 1 - Modular Power Revitalization Service 1.0 Executive Summary The Schneider Electric Critical Power and Cooling Solutions (CPCS) Modular Power Revitalization Service (MPRS) provides a comprehensive on-site UPS refresh service for Symmetra PX solutions. MPRS includes the following: Replacement and upgrade of aging critical UPS components Schneider Electric CPCS certified service professional on-site to perform all work System configuration & functional verification Removal and transport of the used components to an approved recycling and disposal center One year Advantage Ultra service contract MPRS is the ideal solution for customers who want to extend the useful life of their modular UPS. MPRS provides you with peace of mind, knowing your system is being safely updated by on-site certified service professionals and will continue to operate at peak performance. 2.0 Features & Benefits Features Benefits All inclusive Service MPRS includes the UPS components, on-site service labor, travel expenses and disposal all at a fixed cost. Flexible Service Scheduling On site delivery of the components and scheduling of the replacement service are coordinated to suit your requirements. Standard service is performed during normal business hours with upgrades to off-hours scheduling available. On-Site Certified Service Professionals Provides a one-time on-site visit of certified CPCS Field Service Engineer(s), trained to safely replace your UPS components with minimal interruption to your critical operations. New, Up-to-Date Manufacturer Parts Buy with the confidence of knowing you are purchasing quality components that are specifically designed and updated to produce maximum reliability for your system, directly from the manufacturer. System Configuration Updates the system with new component information and verifies your UPS is functioning to specification. One Year Service Contract Provides a one year Advantage Ultra Service Plan, including on-site service, parts, travel & labor, and one Preventive Maintenance visit. Statement of Work MMoodduullaarr PPoowweerr RReevviittaalliizzaattiioonn SSeerrvviiccee ffoorr SSyymmmmeettrraa PPXX Maintenance Service Service Table of Contents 1.0 Executive Summary 2.0 Features & Benefits 3.0 Details of Service 4.0 Assumptions 5.0 Scope of Responsibility 6.0 Project Work Details 7.0 Terms & Conditions ATTACHMENT 3 Page 255 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 3Aug15 - 2 - Modular Power Revitalization Service 3.0 Details of Service The Modular Power Revitalization Service provides the UPS components, on-site labor, installation, removal and disposal of the used components. The specific activities of this service are listed below: Service Deliverables Activities Description Coordinate Component Shipment Schneider Electric CPCS will confirm the components ordered, along with the ship to address, shipment date and any special site conditions. Coordinate FSE Customer Site Arrival Schneider Electric CPCS will coordinate the time and date of the Service Professional arrival at the customer site. Service Professional will arrive on site as scheduled, coordinating the service delivery and any special requirements, with the appointed contact. System Inspection Schneider Electric CPCS will inspect the system condition New Component Positioning Schneider Electric CPCS will move the new components from the shipping pallet location to the UPS system location. Old Component Removal and New Component Installation Schneider Electric CPCS will safely remove the components, and stage them in a nearby location for later relocation to customer’s shipping dock. Schneider Electric CPCS will safely install the new components, without interrupting critical operations. Components replaced include Intelligence Modules, Static Switch, Power Modules, Power Display, Network Management Card, Switchgear Board, Battery Monitor Board, and System PSU. System Configuration and Test Schneider Electric CPCS will update the system with the new component information and verify the UPS system is functioning to specification. Used Component Relocation, Shipment Preparation and Transit* Schneider Electric CPCS Partner will relocate all used components from the UPS System location to the customer’s shipping dock Schneider Electric CPCS Partner will palletize the used components for shipment, and load them onto the shipping truck. Schneider Electric CPCS Partner will ship the used components to the approved recycling location. Component Recycling and Disposal* Schneider Electric CPCS ships waste components to approved recycling and disposal locations. * Geographical restrictions may apply. Please verify availability with your local Schneider Electric CPCS representative. Page 256 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 3Aug15 - 3 - Modular Power Revitalization Service 4.0 Assumptions The successful performance of the tasks defined in this Statement of Work is based on the following key assumptions, which are agreed to by Schneider Electric CPCS.  This is a standardized fixed price service and only applies to customer locations with standard site and product access. Any special site conditions that may prevent the successful deployment of this service, such as no truck access, no loading dock, no elevator access, no inside moving equipment, etc., may require a custom quote, contact Schneider Electric CPCS sales prior to placing a purchase order (PO).  All services performed on-site by Schneider Electric CPCS will be executed during normal business hours. Should different scheduling be required, please contact your Schneider Electric CPCS sales representative for a custom quote.  All services are performed on-site by certified Schneider Electric CPCS service personnel or partners  The customer will provide a suitable path to move the UPS components within the building.  The new component shipment may need to sit in the customer’s shipping/receiving area for a few days before Schneider Electric CPCS service personnel arrive onsite. Likewise, the old components may also need to sit for a few days in the staging area, before collection can be made.  Customers who cannot provide a suitable staging location for the new components until Schneider Electric CPCS arrives to relocate them are required to upgrade the shipping terms to ‘inside delivery’ and specify this on the PO. This shipment upgrade provides for an inside delivery of the components, once they arrive at the customer site. The customer will be charged separately for inside delivery and recognizes inside delivery as a significant shipping cost upgrade and no reduction in the MPRS price will be offered to offset this cost.  The system must be kept in an environment that adheres to manufacturer defined specifications. The following items are not included in the scope of this service:  Batteries  Removal of other UPS components  Non APC by Schneider Electric Equipment  Support for third party equipment Page 257 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 3Aug15 - 4 - Modular Power Revitalization Service 5.0 Scope of Responsibility The items stated here are responsibilities of both Schneider Electric CPCS and the customer. 5.1 SCHNEIDER ELECTRIC CPCS RESPONSIBILITIES  Meet the pre-determined scheduled service date  Perform all of the Modular Power Revitalization Service activities listed in this Statement of Work (SOW)  Present required site forms to the customer  Ship old components replaced during the service to recycling center  Recycle components in accordance with federal, state and local regulations  Provide the customer with recommendations regarding any action items not included in the SOW 5.2 CUSTOMER RESPONSIBILITIES  Prior to order, inform Schneider Electric CPCS Sales of any special site conditions that could prohibit the successful execution of this standardized service, i.e., security clearance, site access requirements, unions, no truck access, no loading dock, no elevator access, no inside moving equipment available, etc.  Once agreed upon with Schneider Electric CPCS Sales, acceptable special site conditions must be clearly identified on the customer PO  Provide dates and times when the scheduled work can be performed  Provide a suitable location for the receipt of the required parts shipment. If parts cannot be staged for a few days prior to relocation to the UPS location, customer must upgrade shipment terms to ‘inside delivery’ on the PO  Facilitate site access for Schneider Electric CPCS service personnel and provide on- site point of contact  Provide a suitable path within the building to relocate the components from the dock to the UPS system location  Provide a suitable location for the staging of the old components nearby the UPS system location.  If possible, allow the use of customer on site moving equipment, such as, moving dolly, two wheeled truck, pallet jack, etc. 6.0 Project Work Details The project work details listed below are provided by Schneider Electric CPCS for the customer with regard to service date, place and completion criteria. 6.1 SCHEDULE Actual set dates will be discussed and approved between Schneider Electric CPCS and the customer. 6.2 LOCATION The location of this service will be on-site and will be agreed to by Schneider Electric CPCS and the customer prior to the service delivery. Page 258 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 3Aug15 - 5 - Modular Power Revitalization Service 6.3 COMPLETION CRITERIA Schneider Electric CPCS is expected to have finished its written duties when any of the following occurs: 1. Schneider Electric CPCS completes all the tasks described in Section 3.0 of this SOW. 2. This service and Statement of Work are terminated for other reasons within the CPCS Customer Agreement. 7.0 Terms and Conditions APC standard Terms and Conditions apply. © 2010 Schneider Electric. All rights reserved. All Schneider trademarks are property of Schneider Electric and its subsidiaries and affiliates. Other trademarks are property of their respective owners. Specifications are subject to change without notice. Disclaimer: This information is reliable at the point of creation and may be subject to change. Page 259 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 20Apr11 - 1 - Modular Battery Replacement Service 1.0 Executive Summary The Schneider Electric Critical Power and Cooling Solutions (CPCS) Modular Battery Replacement Service (MBRS) provides an easy to order, comprehensive on site battery replacement service for Symmetra, Symmetra PX, Symmetra LX and Smart-UPS VT solutions and includes the following: •Ability to purchase the required amount of battery modules •Schneide Electric CPCS certified service professional on-site to perform all work •Battery swap out and system configuration •Removal and trucking of the waste batteries to an approved recycling center location •Environmental regulatory compliant battery recycling MBRS is the perfect solution for customers not wanting to deal with the hassle of replacing their own modular batteries. MBRS provides the customer with peace of mind, knowing their system batteries are being safely replaced by on site certified service professionals and empowers the customer with a ‘green’ solution for the removal and proper disposal of their waste batteries. 2.0 Features & Benefits Features Benefits Easy to order One single order item number includes the batteries, on site service labor, travel expenses and battery recycling all at a fixed cost. On-Site Certified Service Professionals Provides a one time on-site visit of certified CPCS Field Service Engineer(s), trained to safely replace your batteries without interrupting your critical operations. CPCS Approved Batteries Buy with the confidence of knowing you are purchasing the same high quality level batteries that were specifically designed to produce maximum run time for your system, directly from the manufacturer. Environmental Regulatory Compliant Battery Removal and Disposal Guarantees the removal, trucking and recycling of batteries adhere to all federal, state and local environmental regulations. System Configuration Updates the system with the new battery information and verifies the battery system is functioning to specification. Flexible Service Scheduling On site delivery of the batteries and scheduling of the battery replacement service are coordinated to suit the customer’s needs. Battery Recycling Certificate Provides the customer with a certificate of record identifying the waste batteries were disposed of in accordance with federal, state and local regulations. Statement of Work MMoodduullaarr BBaatttteerryy RReeppllaacceemmeenntt SSeerrvviiccee Type of Service Battery Service Table of Contents 1.0 Executive Summary 2.0 Features & Benefits 3.0 Details of Service 4.0 Assumptions 5.0 Scope of Responsibility 6.0 Project Work Details 7.0 Terms & Conditions ATTACHMENT 4 Page 260 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 20Apr11 - 2 - Modular Battery Replacement Service 3.0 Details of Service The Modular Battery Replacement Service provides the batteries, on-site labor, installation, removal and recycling of the batteries. The specific activities of this service are listed below: Service Deliverables Activities Description Coordinate Battery Shipment Schneider Electric CPCS will confirm the battery type and quantity ordered, along with the ship to address, shipment date and any special site conditions. Schneider Electric CPCS will also track the shipment and confirm shipment delivery. Coordinate FSE Customer Site Arrival Schneider Electric CPCS will coordinate the time and date of the Schneider Electric CPCS Service Professional/Partner arrival at the customer site. Schneider Electric CPCS Field Service Engineer (FSE) will arrive on site as scheduled, coordinating the service delivery and any special requirements, with the appointed customer resource. System Inspection Schneider Electric CPCS will inspect the system condition and verify the bad battery location(s). New Battery Positioning Schneider Electric CPCS will move the new batteries from the shipping pallet location to the UPS and battery system location. Bad Battery Removal and New Battery Installation Schneider Electric CPCS will safely remove the depleted batteries, without interrupting critical operations and stage them in a nearby location for later relocation to customer’s shipping dock. Schneider Electric CPCS will safely install the new batteries, without interrupting critical operations. System Reset, Configuration and Test Schneider Electric CPCS will update the system with the new battery information and verify the battery system is functioning to specification. Waste Battery Relocation, Shipment Preparation and Transit Schneider Electric CPCS Partner will relocate all waste batteries from the UPS System location to the customer’s shipping dock Schneider Electric CPCS Partner will palletize the waste batteries for shipment, and load them onto the shipping truck. Schneider Electric CPCS Partner will ship the waste batteries to the approved recycling location. Battery Recycling Schneider Electric CPCS ships waste batteries to approved battery recycling locations, where the battery assemblies are reduced to base materials and then reintroduced back into the manufacturing process in accordance with federal, state and local regulations. Battery Recycling Certificate Schneider Electric CPCS will provide the customer with a certificate of record identifying the waste batteries will be recycled of in accordance with federal, state and local regulations. Page 261 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 20Apr11 - 3 - Modular Battery Replacement Service 4.0 Assumptions The successful performance of the tasks defined in this Statement of Work is based on the following key assumptions, which are agreed to by Schneider Electric CPCS. • This is a standardized fixed price service and only applies to customer locations with standard site and product access. Any special site conditions that may prevent the successful deployment of this service, such as no truck access, no loading dock, no elevator access, no inside moving equipment, etc., may require a custom quote, contact Schneider Electric CPCS sales prior to placing a purchase order (PO). • All services performed on-site by Schneider Electric CPCS will be executed during normal business hours. Should different scheduling be required, please contact your Schneider Electric CPCS sales representative for a custom quote. • All services are performed on-site by certified Schneider Electric CPCS service personnel or partners • The Modular Battery Replacement Service is only applicable to Schneider Electric CPCS systems using APC sealed lead acid battery modules. Please contact your Schneider Electric CPCS sales representative for any other non-modular battery replacement applications. • Full battery replacement is recommended, but not required. However, minimum replacement requirements do apply and vary depending on system type. Consult www.apc.com for further details. • The batteries will be hot swapped without placing the system in full bypass. • The customer will provide a suitable path to move the batteries within the building. • The WMBRS price is all inclusive, except In North America, where the shipment of the new battery modules is not included in the WMBRS price. North American customers will be charged separately for standard dock to dock shipment of the new battery modules. • The new battery shipment may need to sit in the customer’s shipping/receiving area for a few days before Schneider Electric CPCS service personnel arrive onsite. Likewise, the depleted batteries may also need to sit for a few days in the staging area, before collection can be made. • Customers who can not provide a suitable staging location for the new batteries until Schneider Electric CPCS arrives to relocate them are required to upgrade the shipping terms to ‘inside delivery’ and specify this on the PO. This shipment upgrade provides for an inside delivery of the batteries, once they arrive at the customer site. The customer will be charged separately for inside delivery and recognizes inside delivery as a significant shipping cost upgrade and no reduction in the MBRS price will be offered to offset this cost. • The system must be kept in an environment that adheres to manufacturer defined specifications. The following items are not included in the scope of this service: • Removal of other UPS batteries • Non APC Equipment • Wet Cell Batteries • Support for third party equipment Page 262 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 20Apr11 - 4 - Modular Battery Replacement Service 5.0 Scope of Responsibility The items stated here are responsibilities of both Schneider Electric CPCS and the customer. 5.1 SCHNEIDER ELECTRIC CPCS RESPONSIBILITIES • Meet the pre-determined scheduled service date • Perform all of the modular battery replacement service activities listed in this Statement of Work (SOW) • Present required site forms to the customer • Ship waste batteries replaced during the on-site intervention to recycling center • Recycle batteries in accordance with federal, state and local regulations • Provide the customer with recommendations regarding any action items not included in the SOW 5.2 CUSTOMER RESPONSIBILITIES • Prior to order, inform Schneider Electric CPCS Sales of any special site conditions that could prohibit the successful execution of this standardized service, i.e., security clearance, site access requirements, unions, no truck access, no loading dock, no elevator access, no inside moving equipment available, etc. • Once agreed upon with Schneider Electric CPCS Sales, acceptable special site conditions must be clearly identified on the customer PO • Provide dates and times when the scheduled work can be performed • Provide a suitable location for the receipt of the required battery shipment. If batteries cannot be staged for a few days prior to relocation to the UPS location, customer must upgrade shipment terms to ‘inside delivery’ on the PO • Facilitate site access for Schneider Electric CPCS service personnel and provide on- site point of contact • Provide a suitable path within the building to relocate the batteries from the dock to the UPS/Battery system location • Provide a suitable location for the staging of the waste batteries nearby the UPS/Battery system location. • If possible, allow the use of customer on site moving equipment, such as, moving dolly, two wheeled truck, pallet jack, etc. 6.0 Project Work Details The project work details listed below are provided by Schneider Electric CPCS for the customer with regard to service date, place and completion criteria. 6.1 SCHEDULE Actual set dates will be discussed and approved between Schneider Electric CPCS and the customer. 6.2 LOCATION The location of this service will be on-site and will be agreed to by Schneider Electric CPCS and the customer prior to the service delivery. Page 263 of 592 Schneider Electric Critical Power and Cooling Services www.apc.com Rev 20Apr11 - 5 - Modular Battery Replacement Service 6.3 COMPLETION CRITERIA Schneider Electric CPCS is expected to have finished its written duties when any of the following occurs: 1. Schneider Electric CPCS completes all the tasks described in Section 3.0 of this SOW. 2. This service and Statement of Work are terminated for other reasons within the CPCS Customer Agreement. 7.0 Terms and Conditions APC standard Terms and Conditions apply. © 2010 Schneider Electric. All rights reserved. All Schneider trademarks are property of Schneider Electric and its subsidiaries and affiliates. Other trademarks are property of their respective owners. Specifications are subject to change without notice. Disclaimer: This information is reliable at the point of creation and may be subject to change. Page 264 of 592 Page 1 of 2 Agenda Item No: 7.m. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1452 AGENDA SUMMARY REPORT SUBJECT: Consideration and Possible Approval of Purchase of One (1) Remote Controlled 44” Rotary Mower from Owen Equipment in the Amount of $43,661.33 with Tax, and Approval of Corresponding Budget Amendments. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS: 1. RC Mowers 2. City of Ukiah- RC Mower TK-44E (3) Summary: Council will consider authorizing the purchase of one (1) Remote Controlled 44” Rotary Mower from Owen Equipment in the amount of $43,661.33 with Tax, and approving corresponding budget amendments. Background: For slope mowing, Staff currently use a mowing arm attached to a tractor, but this solution is unable to reach down to the banks of the water and wastewater holding ponds, requiring personnel to also mow these areas on foot with weedwhackers and other tools. Staff explored various mowing solutions like ride-on mowers or different mowing arms, but these were decided to not be good solutions due to either putting Staff at safety risk, or they were less efficient solutions. Another concern, is ensuring the City has adequate equipment for fire mitigation activities including hillside slopes associated with the City's infrastructure and/or open space properties in addition to shaded fuel breaks. Discussion: Staff researched the Controlled 44" Rotary Mower from Owen Equipment, and found that it would not only be able to be used along the banks of the City’s water facilities, but could also perform mowing areas like the Great Redwood Trail, Anton Stadium, various parks, shaded fuel breaks, and other hard-to-reach places with traditional mowing equipment. Having this item approved would allow the Public Works Department to begin safely mowing overgrown areas immediately rather than playing catchup during the drier summer months, and decrease the potential risk for mower blades to spark and ignite unintentional fires. As shown in Attachment 1, the unit that is being requested can mow on slopes up to 45 degrees. This gives the city crews the ability to safely go to areas on the landfill, sewer ponds and areas above the golf course that we were not able to maintain in the past. With the fire danger concerns that are ever present, this equipment will be a very important tool for this community. Staff contacted Owen Equipment who were able to supply a quote (Attachment 2) through the cooperative purchasing group HGACBuy. Contract GR01-20 allows government organizations discounts of 20% on these RC mowers. Staff has confirmed that delivery of the mower, if approved, will be by the end of March 2022 and thus will be available for vegetation management activities this spring/summer. Recommended Action: Approve the purchase of a Remote Controlled 44” Rotary Mower in the amount of $43,661.33 with tax, and approval of corresponding budget amendments. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 84027225.80100.E1226: $0 10024221.80100.E1226: $0 70024500.80100.E1226: $0 10022100.80100.E1226: $0; 82227113.80100.E1226: $0 Page 265 of 592 Page 2 of 2 PROPOSED BUDGET AMOUNT: 84027225.80100.E1226: $11,643.03 10024221.80100.E1226 : $4,366.13 70024500.80100.E1226: $11,643.02 10022100.80100.E1226 : $4,366.13 82227113.80100.E1226: $11,643.02 FINANCING SOURCE: General, Water, Wastewater, and Landfill Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Dave Kirch, Fleet Maintenance Supervisor and Tim Eriksen, Director of Public Works Page 266 of 592 Page 267 of 592 Page 268 of 592 Page 269 of 592 Page 270 of 592 Contract No.:GR01-20 Date Prepared:3/1/2022 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 1 37950 37950 1 245.54 245.54 2 241.53 483.06 0 0 0 0 0 0 0 0 0 38678.6 Quan Unit Pr Total 0 0 0 0 0 0% 1550 3,432.73 4982.73 43661.33Delivery Date: TBD D. Total Purchase Price (A+B+C): C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Freight Tax @ 8.875 % Subtotal C: Total From Other Sheets, If Any: Subtotal B: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description Total From Other Sheets, If Any: Subtotal A: Description Tracked 44" Rotary Mower, 35hp Kawasaki Engine, 50 Degrees Max Slope 200 Hour Maintenance Kit - [TK-44E] Reaper Swing Blade Kit (3 Blade Assemblies) - [TK-44E] Catalog / Price Sheet Name:HGAC - RC Mowers Pricing Catalog Effective 11.15.2021 Product Code/General Description of Product:GR20AAF1 - RC Mowers | Remote-Operated Slope Mowers A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary (707) 467-5785 (707) 481-9849 dkirch@cityofukiah.com kmcgrath@owenequipment.com CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. PO with worksheet should be Emailed to H-GAC @ 713-993-4548 or veronica.johnson@h-gac.com. Please type or print legibly. City of Ukiah (CA)Owen Equipment Sales David Kirch, Fleet Maintenance Supervisor Kelly McGrath ATTACHMENT 2 Page 271 of 592 Page 1 of 3 Agenda Item No: 11.a. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1470 AGENDA SUMMARY REPORT SUBJECT: Consideration of the Following Actions Related to the Upper City View Trail Project: 1) Approval of a Resolution to Adopt an Initial Study and Mitigated Negative Declaration; and 2) Approval of Construction of the Trail, and Authorization for the City Manager or His Designee to Negotiate a Start Date and Construction Schedule with the Ukiah Valley Trail Group. DEPARTMENT: Community Development PREPARED BY: Michelle Irace, Planning Manager, Neil Davis, Community Services Director PRESENTER: Michelle Irace, Planning Manager; Craig Schlatter, Community Development Director; Neil Davis, Community Services Director ATTACHMENTS: 1. Upper City View Trail Project Description & Figures 2. Upper City View Trail Final Draft ISMND 030722 3. Upper City View Trail ISMND Public Comments and City Responses 4. Draft Findings for to Adopt Upper City View Trail ISMND 5. Draft Resolution to Adopt Upper City View Trail MND 6. 11a Presentation Given at Council Meeting Summary: City Council will conduct a public hearing and consider approval of a Resolution to adopt an Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project. Council will also consider approval of trail construction and authorize the City Manager or his designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group. Background: The approximately 46-acre Upper City View Trail Project site (APN 001-030-01) is situated within the northwestern-most portion of the City of Ukiah. The Project site is zoned Single Family Residential- Hillside (R1-H) and carries a General Plan Land Use Designation of Rural Residential (RR). However, the Project site has historically been used for recreation activities and public purposes. Specifically, the eastern portion of the parcel contains a portion of the Ukiah Municipal Golf Course and is developed with municipal water tanks. The western portion of the parcel is developed with a portion of the City View Trail that begins within Low Gap Park, a Mendocino County-maintained park just north of the site. In 2009, the Ukiah Valley Trail Group (UVTG), in coordination with the Paths, Open Space, and Creeks Commission proposed, funded and built the existing City View Trail on City-owned property above the golf course at Low Gap Park. The trail has been very popular and required minimal maintenance from City staff. In 2015, the UVTG developed, and both the City and County adopted, the Low Gap Park Trail Plan. The plan identifies existing trails within the park and makes recommendations for new and existing trails. The Low Gap Park Trail Plan identified an “Upper City View Trail” as a priority project. Low Gap Park spans both City and County properties, and as such is co-managed. The City, County and the UVTG have a Memorandum of Understanding that was approved on October 7, 2020 (City of Ukiah Agreement No. 2021-132; Board of Supervisors Agreement 20- 152), and established a framework between the three parties for mutual aid related to trail improvements in County and City-owned parks. As discussed in the detailed Project Description contained within Attachment 1, the Project proposes the development of a two to four foot, one-mile loop of narrow-gauge natural surface trail commonly known as a Page 272 of 592 Page 2 of 3 “hiking trail” that would begin and end on the upper leg of the existing 2.8-mile City View Trail. The City View Trail is primarily used for hiking, walking, and trail running and is accessible year-round. Parking will be provided in the existing Low Gap Park parking lot and the trail will be accessed through the main park entrance. Existing restrooms, trash receptacles and water fountains are provided within the park. The trail is intended for hikers only and will be accessible during regular Low Gap Park hours (8:00 a.m. to 9:00 p.m.). Similar to the existing City View Trail, the proposed trail will be predominantly maintained by UVTG volunteers in order to minimize or avoid the use of City Park staff. Discussion: In accordance with the California Environmental Quality Act (CEQA), the Planning Division of the City of Ukiah Community Development Department prepared a Draft Initial Study and Mitigated Negative Declaration (ISMND) for the Proposed Project which can be found online at: http://www.cityofukiah.com/NewWeb/wp-content/uploads/2022/01/Upper-City-View-Trail-Initial-Study_DRAFT- 011722_with-attachments-signed.pdf. The Draft ISMND (State Clearinghouse No. 2022010241) was circulated for public review from January 18, 2022 through February 21, 2022. The Notice of Availability for the public review period and the Notice of Intent to adopt the ISMND and conduct a public hearing were provided in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines Section 15073. As described throughout the ISMND, temporary ground disturbing activities associated with vegetation removal and trail construction could result in direct significant impacts to Air Quality, Biological Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, and Wildfire. However, mitigation measures that include the following would reduce all impacts to a less than significant level: complying with the Mendocino County Air Quality Management District’s regulations for ground disturbing activities and construction (Mitigation Measure AQ-1 and AQ-2); conducting pre-construction bird nesting surveys and biological surveys for sensitive animal and plant species (Mitigation Measures BIO-1 through BIO-6); implementing UVTG Design and Maintenance Standards for trail construction related to erosion, specifically within 50 feet of any water feature, and obtaining all necessary regulatory permits if any pedestrian crossings are deemed to be necessary, although not proposed at this time (Mitigation Measure BIO-7); implementing fire safe precautions for gasoline powered equipment (Mitigation Measure HAZ-1). The Mitigation Monitoring Reporting Program (MMRP) prepared for the Project provides a consolidated list of these mitigation measures in detail (Section VII of the ISMND). The Project would have either a less than significant impact or no impact to all other resources. The Final Draft ISMND is included in Attachment 2. Public comments received during the CEQA review period and City responses to comments are included in Attachment 3. While some minor grammatical edits and clarifications were made to the Final Draft ISMND, no substantive changes have been made since the Draft was circulated for public review. Draft Findings to adopt the ISMND are included in Attachment 4, and a Draft Resolution to adopt the ISMND and associated MMRP is included in Attachment 5. The proposed trail will be constructed by UTVG volunteers and the California Conservation Corps (CCC). The UVTG has contracted with the CCC to perform this work at UVTG expense. Once constructed, UVTG trail maintenance standards require that natural vegetation be permitted to grow back on the sides of the trail and along the shoulder areas to help maintain the trail base and reestablish its original natural appearance. Funding comes primarily from a generous donation from the Pacific Medical Redwood Group through the Community Foundation of Mendocino County. Additional funds come as a part of UVTG fundraising efforts. Construction of the Project is anticipated to cost approximately $30,000, which will be funded by the UVTG. Additionally, initial design and planning documents were prepared at UVTG expense. Expenses to the City include Community Development Department's staff time to prepare the CEQA documents (estimated at $7,000), and the related biological survey report ($4,096) that was paid for by the Community Service's "park development" funds. With the exception of staff time for project management, construction administration, and CEQA filing fees, no other City funds are needed for the Project. As such, Staff recommends the City Council: 1) Approve the Resolution to adopt the Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project; and 2) Approve construction of the trail and authorize the City Manager or designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group. If approved, construction on the trail will begin in approximately two weeks, with anticipated completion in May. Page 273 of 592 Page 3 of 3 Recommended Action: Conduct a public hearing, approve the Resolution to adopt the Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project, approve construction of the trail, and authorize the City Manager or designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group. BUDGET AMENDMENT REQUIRED: None CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Ukiah Valley Trail Group and Redwood Pacific Medical Group Donations PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: David Rapport, City Attorney; Craig Schlatter, Community Development Director Page 274 of 592 ATTACHMENT 1 Upper City View Trail Project Description 1.Project Location The approximately 46-acre Project site (APN 001-030-01) is situated within the northwestern most portion of the City of Ukiah. The Project site is zoned Single-Family Residential-Hillside Overlay District (R1-H) and carries a General Plan Designation of Rural Residential (RR). However, the site has historically been used for recreation and public facilities. Specifically, the eastern portion of the parcel contains a portion of the Ukiah Municipal Golf Course and is also developed with municipal water tanks. The western portion of the parcel is developed with a portion of the City View Trail that begins within Low Gap Park, a County-maintained park just north of the site, and was constructed by the Ukiah Valley Trail Group in 2009. A Location Map is provided below in Figure 1. Figure 1, Project Location 3.Project Components The Project proposes the development of a one-mile loop of narrow-gauge natural surface trail commonly known as a “hiking trail” that would begin and end on the upper leg of the existing 2.8- mile City View Trail. The City View Trail is primarily used for hiking, walking, and trail running and is accessible year-round. The new trail will utilize a series of switchbacks to ascend, then traverse approximately one-half mile before descending to return to the upper leg of City View Trail. Beginning from the northern junction with City View Trail, the proposed trail crosses moderate side slopes and utilizes a series of switchbacks through mixed hardwoods with occasional small redwoods to gain elevation. After gaining approximately 200 feet the trail begins its contouring Page 275 of 592 southerly traverse. The proposed trail crosses an unsanctioned “use” trail that climbs steeply to the Ukiah “U.” As the trail approaches the southern boundary of the property it descends and reverses direction twice before reconnecting with the southern end of City View Trail. The existing an proposed trails are shown in Figure 2 below, as well as in Figure 3 which includes a topographic map. Trail grades will vary according to topography with average grades of 7 to 8 percent, for the majority of the trail, with some shorter trail sections in the steeper areas reaching approximately 12 percent. However, this trail route will ensure that the average grade for the entirety of the trail does not exceed the 10 percent threshold suggested in the UVTG standards. The proposed trail will run almost entirely beneath a substantial tree canopy cover of natural woodlands consisting mainly of native tree and understory species (see Figure 4 below for an example of existing habitat; more photographs are included in Attachment A of the ISMND). In accordance with the UVTG design and maintenance standards, the trail will be 2 to 4 feet wide, back sloped to create an angle of repose to the greatest extent possible, and built with a 3 to 5 percent outslope and rolling dips to allow sheet water drainage. The proposed trail alignment would cross the unnamed Class III watercourse, which is categorized as having no aquatic life present, but shows evidence of being capable of sediment transport to Class I and II waters under normal high water flow. UVTG plans to complete the work during the dry season and the UVTG Design and Maintenance Standards intended to reduce erosion will be implemented. The trail will be assessed annually for the first three years to determine if a crossing such a as footbridge is needed; other techniques such as hardening or the use of a culvert may be used if a footbridge is determined to be impractical. The proposed trail route and design was established by the UVTG and was selected to maintain consistent slope integrity and to keep disturbances to natural areas at minimal levels. Trimming of encroaching tree branches will be required along portions of the trail. Tree branch pruning, trimming, and root care activities will be limited to those branches that would represent hazards to hikers or cause extensive detours and additional grading for the trail route. The trail crosses a few areas of dense, immature redwood trees of less than 6feet diameter breast height (dbh). Thinning of these small, immature trees will be required to create a trail corridor. Thinning of these dense stands of immature redwoods will reduce fuel load while leaving many small trees on both sides of the trail for continued growth. No trees greater than 6” dbh will be removed for this project. The proposed trail was also designed with input from the Sanhedrin Chapter of the Native Plant Society, who often collaborates with the UVTG to review trail design to ensure impacts to special status plant species are reduced or avoided. An additional loop was proposed in the original design, but removed from the plan in response to concerns cited by members of the botanical review team in regard to the potential impact to native plants (see Biological Resources section for more information). The trail will be built in accordance with the UVTG Design and Maintenance Standards (Attachment B of the ISMND). Construction is anticipated to take approximately two weeks to complete. Trail construction will be completed mostly by hand tools (McLeod, pulaski, axe, pick, pole saw, hand saw, loppers, shovel, etc.). However, different trail construction methods and tools will be utilized to accommodate the varied topography, vegetation, and other natural conditions on the Project site; this may include the occasional use of power equipment tools such as chainsaws, power wheel barrows, vibra-plates, jackhammers, or small trail dozers designed specifically for trail building. First, vegetation and detritus materials will be removed to establish the trail’s path and contour. The trail is designed to minimize impacts on this natural vegetation, but the grading required to establish the 2 to 4-foot wide trail at a relatively even grade will require the removal of groundcover and bushes along its entire length. Base cuts will then be made to remove the uppermost organic layer and expose base soils while causing minimal disturbances to trailside banks. This method also allows the construction of the three percent out-slopes (from the inner edge of the trail to the outer edge) and tapered shoulders to allow water to sheet off the trail, decreasing the potential for erosion, as described in the UVTG trail design standards. Page 276 of 592 The proposed trail will be constructed by UTVG volunteers and the California Conservation Corps. Once constructed, UVTG trail maintenance standards require that natural vegetation be permitted to grow back on the sides of the trail and along the shoulder areas to help maintain the trail base and reestablish its original natural appearance. Parking will be provided in the existing Low Gap Park parking lot and the trail will be accessed through the main park entrance. Existing restrooms, trash receptacles and water fountains are provided within the park. The trail is intended for hikers only and will be accessible during regular Low Gap Park hours (8:00 a.m. to 9:00 p.m.). The Project will be funded by UVTG through donations collected by the Pacific Medical Redwood Group as a part of UVTG fundraising efforts. Similar to the existing City View Trail, the proposed trail will be predominantly maintained by UVTG volunteers in order to minimize or avoid the use of City Park staff. Figure 2, Proposed Trail Alignment Page 277 of 592 Figure 3, Existing City View Trail and Proposed Trail Figure 4, Example Habitat along Proposed Trail Page 278 of 592 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINAL DRAFT INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR UPPER CITY VIEW TRAIL PROJECT March 7, 2022 SCH No: 2022010241 Prepared by: City of Ukiah Community Development Department Planning Division 300 Seminary Avenue, Ukiah, CA 95482 ATTACHMENT 2 Page 279 of 592 Table of Contents I. PROJECT INFORMATION 1 II.PROJECT DESCRIPTION 2 1.Project Location 2 2. Environmental Setting and Background 2 3.Project Components 3 III.ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 7 IV.DETERMINATION 9 V. EVALUATION OF ENVIRONMENTAL IMPACTS 10 1.Aesthetics 10 2.Agriculture and Forestry Resources 12 3.Air Quality 14 4.Biological Resources 16 5.Cultural Resources 22 6.Energy 25 7.Geology and Soils 26 8.Greenhouse Gas Emissions 28 9.Hazards and Hazardous Materials 29 10.Hydrology and Water Quality 33 11.Land Use and Planning 35 12.Mineral Resources 37 13.Noise 37 14.Population and Housing 40 15.Public Services 41 6.Recreation 42 17.Transportation 43 18.Tribal Cultural Resources 45 19.Utilities and Service Systems 46 20.Wildfire 48 21.Mandatory Findings of Significance 49 VI.REFERENCES 51 VII.MITIGATION MONITORING AND REPORTING PROGRAM 54 ATTACHMENTS A. Existing Photographs B. Ukiah Valley Trail Group Philosophy and Design and Maintenance Standards C. Biological Assessment Report Page 280 of 592 1 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah I. PROJECT INFORMATION Project Title: Upper City View Trail Lead Agency Address and Phone Number: City of Ukiah 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 Project Contact Person and Phone Number: Neil Davis, Director City of Ukiah Community Services Department (707) 467-5764 ndavis@cityofukiah.com CEQA Contact Person and Phone Number: Michelle Irace, Planning Manager City of Ukiah Community Development Department (707) 463-6268 mirace@cityofukiah.com Project Location: The trail would be located on a City-owned parcel (APN: 001-030-01) currently developed with water tanks, and a portion of the existing City View Trail and Ukiah Municipal Golf Course, located at 599 Park Boulevard, Ukiah. General Plan Designation: Rural Residential (RR) Zoning District: Single-Family Residential-Hillside Overlay (R1-H) Page 281 of 592 2 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah II. PROJECT DESCRIPTION 1. Project Location The approximately 46-acre Project site (APN 001-030-01) is situated within the northwestern most portion of the City of Ukiah. The eastern portion of the parcel contains a portion of the Ukiah Municipal Golf Course (599 Park Boulevard) and is also developed with water tanks. The western portion of the parcel is developed with a portion of the City View Trail that begins within Low Gap Park, a County- maintained Park just north of the site. The proposed Upper City View Trail would connect to the existing City View Trail. Figure 1 below provides a location map. 2. Environmental Setting and Background The Project area is situated within the Coast Range geologic province. The North Coast Range is comprised of a geologic feature unique to California, the Franciscan Formation, which dictates the vegetative communities. The Franciscan Formation is comprised of serpentine, sandstone, and other sedimentary rocks. This area is characterized by a Mediterranean climate; the winters are cool and wet, and the summers are hot and dry. Annual average temperatures for this region range from about 30 to 100 degrees Fahrenheit. The Project is located within the Ukiah Valley in central Mendocino County. The Ukiah Valley is located approximately 30 miles east and inland from the Pacific Ocean. It runs north-south for approximately nine miles, with a maximum width of three miles, with elevations varying from approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding the City, including the Western Hills. The Russian River enters the valley at the north end and runs south along the valley floor. Ukiah is located along the Highway 101 corridor and near the east/west intersection of Highway 20, two hours north of the Golden Gate Bridge. Incorporated in 1876, Ukiah is the county seat and largest city in Mendocino County. Vegetation communities in the area include mixed oak, sparse redwood forest stands, chaparral, and manzanita, with some sparse redwood groves. The proposed trail will run almost entirely beneath a substantial tree canopy cover of natural woodlands consisting mainly of native tree and understory species. The creek nearest the Project is Orr Creek, approximately 0.3-mile north of the proposed trail alignment. There is also an unnamed Class III watercourse in the north portion of the alignment, near the City View Trail connection. The 2.8-mile existing City View Trail was constructed by the Ukiah Valley Trail Group in 2009 and in 2010 was designated as a park facility in Division 1, Chapter 12, Parks and Recreation Facilities, of the Ukiah City Code (section 1965). The proposed trail route and design was established by the Ukiah Valley Trail Group (UVTG), a volunteer non-profit organization dedicated to preserving, enhancing, and establishing trails in the Inland of Mendocino County. UVTG staff and volunteers have extensive experience in trail design, building, and maintenance. In 2015, the UVTG developed the Low Gap Park Trail Plan which identifies existing trails within the park, issues and recommendations for existing trails, as well as opportunities for new trails. The proposed Upper City View Trail was one of the trails identified in the plan as a new potential trail. Page 282 of 592 3 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 3. Project Components The Project proposes the development of a one-mile loop of narrow-gauge natural surface trail commonly known as a “hiking trail” that would begin and end on the upper leg of the existing 2.8-mile City View Trail. The City View Trail is primarily used for hiking, walking, and trail running and is accessible year-round. The new trail will utilize a series of switchbacks to ascend, then traverse approximately one-half mile before descending to return to the upper leg of City View Trail. Beginning from the northern junction with City View Trail, the proposed trail crosses moderate side slopes and utilizes a series of switchbacks through mixed hardwoods with occasional small redwoods to gain elevation. After gaining approximately 200 feet the trail begins its contouring southerly traverse. The proposed trail crosses an unsanctioned “use” trail that climbs steeply to the Ukiah “U.” As the trail approaches the southern boundary of the property it descends and reverses direction twice before reconnecting with the southern end of City View Trail. The proposed trail alignment is shown in Figure 2 below, as well as in Figure 3 which also shows the existing City View Trail. Trail grades will vary according to topography with average grades of 7 to 8 percent, for the majority of the trail, with some shorter trail sections in the steeper areas reaching approximately 12 percent. However, this trail route will ensure that the average grade for the entirety of the trail does not exceed the 10 percent threshold suggested in the UVTG standards. The proposed trail will run almost entirely beneath a substantial tree canopy cover of natural woodlands consisting mainly of native tree and understory species (see Figure 4 below for an example of existing habitat; more photographs are included in Attachment A). In accordance with the UVTG design and maintenance standards, the trail will be 2 to 4 feet wide, back sloped to create an angle of repose to the greatest extent possible, and built with a 3 to 5 percent outslope and rolling dips to allow sheet water drainage. The proposed trail alignment would cross the unnamed Class III watercourse, which is categorized as having no aquatic life present, but shows evidence of being capable of sediment transport to Class I and II waters under normal high water flow. UVTG plans to complete the work during the dry season and the UVTG Design and Maintenance Standards intended to reduce erosion will be implemented. The trail will be assessed annually for the first three years to determine if a crossing such as a footbridge is needed; other techniques such as hardening or the use of a culvert may be used if a footbridge is determined to be impractical. See Section V.4, Biological Resources, for more information. The proposed trail route and design was established by the UVTG and was selected to maintain consistent slope integrity and to keep disturbances to natural areas at minimal levels. Trimming of encroaching tree branches will be required along portions of the trail. Tree branch pruning, trimming, and root care activities will be limited to those branches that would represent hazards to hikers or cause extensive detours and additional grading for the trail route. The trail crosses a few areas of dense, immature redwood trees of less than 6feet diameter breast height (dbh). Thinning of these small, immature trees will be required to create a trail corridor. Thinning of these dense stands of immature redwoods will reduce fuel load while leaving many small trees on both sides of the trail for continued growth. No trees greater than 6” dbh will be removed for this project. The proposed trail was also designed with input from the Sanhedrin Chapter of the Native Plant Society, who often collaborates with the UVTG to review trail design to ensure impacts to special status plant species are reduced or avoided. An additional loop (identified in red on Figure 2) was proposed in the original design, but removed from the plan in response to concerns cited by members of the botanical review team in regard to the potential impact to native plants (see Biological Resources section for more information). Page 283 of 592 4 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah The trail will be built in accordance with the UVTG Design and Maintenance Standards (Attachment B). Construction is anticipated to take approximately two weeks to complete. Trail construction will be completed mostly by hand tools (McLeod, pulaski, axe, pick, pole saw, hand saw, loppers, shovel, etc.). However, different trail construction methods and tools will be utilized to accommodate the varied topography, vegetation, and other natural conditions on the Project site; this may include the occasional use of power equipment tools such as chainsaws, power wheel barrows, vibra-plates, jackhammers, or small trail dozers designed specifically for trail building. First, vegetation and detritus materials will be removed to establish the trail’s path and contour. The trail is designed to minimize impacts on this natural vegetation, but the grading required to establish the 2 to 4-foot wide trail at a relatively even grade will require the removal of groundcover and bushes along its entire length. Base cuts will then be made to remove the uppermost organic layer and expose base soils while causing minimal disturbances to trailside banks. This method also allows the construction of the three percent out-slopes (from the inner edge of the trail to the outer edge) and tapered shoulders to allow water to sheet off the trail, decreasing the potential for erosion, as described in the UVTG trail design standards in Attachment B. The proposed trail will be constructed by UTVG volunteers and the California Conservation Corps. Once constructed, UVTG trail maintenance standards require that natural vegetation be permitted to grow back on the sides of the trail and along the shoulder areas to help maintain the trail base and reestablish its original natural appearance. Parking will be provided in the existing Low Gap Park parking lot and the trail will be accessed through the main park entrance. Existing restrooms, trash receptacles and water fountains are provided within the park. The trail is intended for hikers only and will be accessible during regular Low Gap Park hours (8:00 a.m. to 9:00 p.m.). The Project will be funded by UVTG through donations collected by the Pacific Medical Redwood Group as a part of UVTG fundraising efforts. Similar to the existing City View Trail, the proposed trail will be predominantly maintained by UVTG volunteers in order to minimize or avoid the use of City Park staff. Figure 1, Project Location Page 284 of 592 5 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Figure 2, Proposed Trail Alignment Figure 3, Existing City View Trail and Proposed Trail Page 285 of 592 6 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Figure 4, Example Habitat along Proposed Trail Page 286 of 592 7 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah III.ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Purpose of the Initial Environmental Study: This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the Project, as proposed, would have a significant impact upon the environment. The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture & Forestry Air Quality Biological Resources Cultural Resources Energy Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance Summary of Findings: The Project proposes the development of a one-mile loop of narrow-gauge natural surface trail commonly known as a “hiking trail” that would begin and end on the upper leg of the existing 2.8-mile City View Trail. The proposed trail route and design was established by the UVTG and was selected to maintain consistent slope integrity and to keep disturbances to natural areas at minimal levels. Tree branch pruning, trimming, and root care activities will be limited to those branches that would represent hazards to hikers or cause extensive detours and additional grading for the trail route. Every effort to re-route the alignment of the trail to avoid the unnecessary removal of trees will be made. The proposed trail was also designed with input from the Sanhedrin Chapter of the Native Plant Society, who often collaborates with the UVTG to review trail design to ensure impacts to special status plant species are reduced or avoided. The trail will be built in accordance with the UVTG Design and Maintenance Standards (Attachment B). Construction is anticipated to take approximately two weeks to complete. Trail construction will be completed mostly by hand tools (McLeod, pulaski, axe, pick, pole saw, hand saw, loppers, shovel, etc.). However, different trail construction methods and tools will be utilized to accommodate the varied topography, vegetation, and other natural conditions on the Project site; this may include the use of power equipment tools as conditions require and opportunity allows such as chainsaws, power wheel barrows, vibra-plates, jackhammers, or small trail dozers designed specifically for trail building. As described throughout the Initial Study, temporary ground disturbing activities associated with vegetation removal and trail construction could result in direct significant impacts to Air Quality, Biological Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, and Wildfire. However, mitigation measures identified within the aforementioned sections would reduce impacts to less than significant with mitigation incorporated. Page 287 of 592 8 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Cumulative impacts are generally considered in analyses of Air Quality, Biological Resources, Cultural Resources, Noise, and Traffic. As discussed throughout the Initial Study, the Proposed Project would either have a less than significant impact, or less than significant impact with implementation of mitigation measures on these resources, as described herein. Short-term construction impacts associated with the Project would not significantly contribute to cumulative impacts in the area as there are no known past projects nor current projects within the vicinity of the site. Based on the findings and conclusions contained in the Initial Study, cumulative impacts related to the Proposed Project would be less than significant with mitigation incorporated. In summary, based upon the analysis contained within this Initial Study and Mitigated Negative Declaration, all potential impacts resulting from the Proposed Project would be less than significant with incorporation of mitigation. Page 288 of 592 9 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah IV. DETERMINATION On the basis of the initial evaluation that follows: ____ I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. __X__ I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures and project revisions have been identified that would reduce all impacts to a less than significant level. A MITIGATED NEGATIVE DECLARATION will be prepared. _____ I find that the proposed Project MAY have a significant effect on the environment. An ENVIRONMENTAL IMPACT REPORT is required. _____ I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. _____ I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. Signature Date Michelle Irace, Planning Manager Community Development Department City of Ukiah mirace@cityofukiah.com March 7, 2022 Page 289 of 592 10 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah V. EVALUATION OF ENVIRONMENTAL IMPACTS The purpose of this Initial Study/Mitigated Negative Declaration (IS/MND) is to provide an analysis of the potential environmental consequences as a result of the proposed Project. The environmental evaluation relied on the following categories of impacts, noted as column headings in the IS checklist, in accordance with CEQA Guidelines Appendix G. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” “Less Than Significant Impact” applies where the Project would not result in a significant effect (i.e., the Project impact would be less than significant without the need to incorporate mitigation). “No Impact” applies where the Project would not result in any impact in the category or the category does not apply. This may be because the impact category does not apply to the proposed Project (for instance, the Project Site is not within a surface fault rupture hazard zone), or because of other project- specific factors. 1. Aesthetics AESTHETICS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c)In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Significance Criteria: Aesthetic impacts would be significant if the Project resulted in the obstruction of any scenic vista open to the public, damage to significant scenic resources within a designated Page 290 of 592 11 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah State scenic highway, substantial degradation to the existing visual character or quality of the site and its surroundings from public views, or generate new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the Project. Environmental Setting: As discussed in the City of Ukiah’s 1995 General Plan, one of the most notable scenic resources in the City limits is the Western Hills. The surrounding hills frame the valley, creating an aesthetic resource for residents and visitors. Views of expansive hillsides to the north, east and south, within the County jurisdiction, also surround the City. Many open space and scenic areas in Mendocino County are protected under easements managed by land trusts, none of which are located within the vicinity of the Proposed Project. Some surrounding hillsides are densely forested with evergreen trees, while others are relatively open in comparison, dominated by mature oak trees set amid scrub and grasslands. Some residential development is visible within the Western Hills from the valley floor. Water in the form of creeks, streams, and rivers is often a prominent feature in the landscape as well. Protecting the natural scenic features has been a priority for the City. The Project site consists of a parcel developed with recreation and public facilities (water tanks, Ukiah Municipal Golf Course and the existing City View Trail). The site is adjacent to Low Gap Park, a developed park with recreation resources, including a skate park, a disc-golf course, playgrounds, tennis courts, an amphitheater, and trails. According to the Department of Fish and Wildlife’s BIOS vegetation mapping program, the Project site comprises Evergreen Forest habitat. In addition, the site contains includes native and nonnative annual and perennial grasses, with dense chaparral and mixed hardwood forest throughout. Discussion: (a & c) Less than significant impact. Scenic vistas are typically described as areas of natural beauty with features such as topography, watercourses, rock outcrops, and natural vegetation that contribute to the landscape’s quality. The Western Hills are considered a scenic vista. Generally speaking, public views of the Western Hills are available from roadways, and adjacent residential areas within the valley floor. Conversely, expansive views of the valley are provided from vantage points within the Western Hills, particularly from trails and overlook locations such as those found along existing trails. Almost the entire trail system will be situated beneath the natural forest canopy (see photos in Attachment A) and would not be seen from public vantage points. The fairly narrow (2 to 4-foot) proposed trail has been designed to avoid substantial vegetation and tree removal. Although some removal will be required, it would not result in a substantial impact to views of the Western Hills, as the trail would not be visible from public vantage points within the valley floor, and the trail would be similar in nature to the existing City View Trail, as well as other trails in the area. Similarly, impacts associated with new trail being constructed over a two-week period would be considered temporary and minimal. Lastly, the trail would offer vantage points containing views of valuable aesthetic resources. For the aforementioned reasons, the Project would not result in a significant impact to scenic vistas, nor the visual character of the site or area. Impacts would be less than significant. (b) No impact. According to the California Department of Transportation’s (Caltrans) State Scenic Highway System Map, there are no designated state scenic highways within the vicinity of the Project. In addition, there are no highways identified as eligible for state designation. Therefore, the Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Lastly, the City’s General Plan, the Page 291 of 592 12 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah County General Plan does not designate any local scenic roads in the Project area; no impact to scenic resources within a designated scenic corridor would occur. (d) No impact. Construction would take place during daylight hours and no lighting is proposed along the trail. No impact would occur. Mitigation Measures: None 2. Agriculture and Forestry Resources AGRICULTURE AND FORESTRY RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non- forest use? Significance Criteria: The Proposed Project would have a potentially significant impact on agricultural resources if it would convert prime farmland to a non-agricultural use, conflict with a Williamson Act contract, or disrupt a viable and locally important agricultural use. The Project would have a potentially significant impact on forestry resources if it would result in the loss, rezoning or conversion of forestland to a non-forest use. Environmental Setting: Early agricultural efforts in the Ukiah Valley included the raising of livestock, and the growing of various grains, hay, alfalfa, and hops. When the Northwestern Pacific Railroad was completed in 1889; prunes, potatoes, pears, and hops could be grown and sent to San Francisco and other regional markets. Wine grapes were planted, and irrigation was practiced on a small scale. Through the 1950’s, hops, pears, prunes and grapes were the most widely planted crops in the Ukiah Valley. After the railroad was completed, lumber mills sprang up in the Ukiah Valley and became the Page 292 of 592 13 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah major industry in Mendocino County as trains took redwood logs and processed boards south to the San Francisco region. Today, much of the active agricultural land is located on the valley floor and lower elevations along the Russian River system. Only a limited percentage of the valley’s agricultural lands are currently protected under Williamson Act Agricultural Preserve contracts. According to the County of Mendocino’s Public GIS system, there are no Williamson Act contracts within the Project site. There are no zoning districts within the City limits for Agriculture or Timber Preserve. While there is an overlay for agriculture in the Zoning Ordinance, it is not applied over any parcel within the City limits. There are a small number of City parcels which have current agricultural use, such as existing vineyards. However, they are ongoing non-conforming uses within non-agricultural zoning districts. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the majority of lands within the City of Ukiah are identified as “Urban Built-Up Land”. Discussion: (a-e) No Impact. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the Project site does not contain Unique Farmland, or Farmland of Statewide Importance. However, the site is designated as Grazing Land, which is defined as land on which the existing vegetation is suited to the grazing of livestock, but the site has not been used for grazing. There are no agricultural uses or Williamson Act contracts on-site or in the immediate vicinity. The Project would not convert Farmland, conflict with existing zoning for agriculture or forest land, and would not involve changes to the environment that would result in the conversion of agricultural resources to non-agriculture uses. No impact would occur. Mitigation Measures: None Page 293 of 592 14 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 3. Air Quality AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Significance Criteria: The Proposed Project would have a significant impact to air quality if it would conflict with an air quality plan, result in a cumulatively considerable net increase of criteria pollutant which the Mendocino County Air Quality Management District (MCAQMD) has designated as non- attainment, expose sensitive receptors to substantial concentrations of air pollutants, or result in emissions that create objectionable odors or otherwise adversely affect a substantial number of people. Environmental Setting: The Project is located within the North Coast Air Basin (NCAB), which includes Del Norte, Humboldt, Trinity, Mendocino, and northern Sonoma Counties, and is under the jurisdiction of the Mendocino County Air Quality Management District (MCAQMD). The area’s climate is considered Mediterranean, with warm, dry summers and cooler, wet winters. Summer high temperatures average in the 90’s with high temperatures on very warm days exceeding 105 degrees. Summer low temperatures range between 50-60 degrees. Winter high temperatures generally range in the 50’s and 60’s. The average annual temperature is 58 degrees. Winter cold-air inversions are common in the valley from November to February. Prevailing winds are generally from the north. Prevailing strong summer winds come from the northwest; however, winds can come from the south and east under certain short-lived conditions. In early autumn, strong, dry offshore winds may occur for several days in a row, which may cause air pollution created in the Sacramento Valley, Santa Rosa Plain, or even San Francisco Bay Area to move into the Ukiah Valley. The MCAQMD, which includes the City of Ukiah and surrounding areas, is designated as non- attainment for the State Standard for airborne particulate matter less than 10 microns in size (PM10). Page 294 of 592 15 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Particulate matter (PM) has significant documented health effects. The California Clean Air Act requires that any district that does not meet the PM10 standard make continuing progress to attain the standard at the earliest practicable date. The primary sources of PM10 are wood combustion emissions, fugitive dust from construction projects, automobile emissions and industry. Non- attainment of PM10 is most likely to occur during inversions in the winter. Regulation 1 of the MCAQMD contains regulations (known as “Rules”) to regulate particulate matter; these Rules prohibit activities that would result in the injury, detriment, or annoyance of a considerable number of people, or which endanger the health and safety of the public. The MCAQMD also provides the following significance thresholds for construction emissions: 1. 54 pounds per day of ROG  (reactive organic gas) 2. 54 pounds per day of NOx  (oxides of nitrogen as nitrogen dioxide) 3. 82 pounds per day of PM10 (particulate matter less than 10 microns in size) 4. 54 pounds per day of PM2.5 (airborne particulate matter with a diameter of 2.5 microns or less) 5. Best Management Practices for Fugitive Dust – PM10 and PM2.5 Discussion: (a-d) Less than significant with mitigation. Typically, short-term construction related air quality impacts from emissions and dust result from large projects requiring a significant amount of grading or new construction, in addition to vehicle trips and operation of diesel equipment. Long-term air quality impacts are typically from land uses that produce a significant amount of emissions, or sources of dust or other airborne irritants. As described in the Project Description, trail construction will be completed with the use of hand tools, and will also minimize the amount of vegetation being removed. Construction of the trail would not require a significant amount of construction trips, as it will only take approximately two weeks and most of the hand tools will be walked in by trail builders. Vegetation will be chipped and re-used on site. If powered tools are needed to clear portions of the alignment, they will be used temporarily and abide by all local regulations intended to address air quality impacts. Specifically, MCAQMD has a set of standard Best Management Practices (BMPs) for projects involving new construction, the use of diesel engine equipment, and grading activities that would result in fugitive dust. While many of these regulations do not apply to this type of project, the Project will adhere to all applicable MCAQMD regulations. In addition, Mitigation Measure AQ-1, restricting the burning of removed vegetation, and Mitigation Measure AQ-2 related to the use off-road equipment were suggested by the MCAQMD and will be implemented, as appropriate. The nearest uses that are considered “sensitive receptors” (includes schools, child care facilities, health care facilities, senior facilities, and residences) are residences located on Valley View Drive and Maple Avenue, approximately 1,500 feet east of the northern connection to the City View Trail. However, due to the Project’s distance from these receptors, limited construction timeframe and implementation of the Mitigation Measures AQ-1 and AQ-2 below, the Project is not anticipated to impact sensitive receptors. In addition, the Project would not exceed the construction thresholds established by the MCAQMD, and air quality impacts associated with short-term construction would be less than significant with mitigation. Once completed, the trail will not result in long-term air quality impacts. The MCAQMD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a Page 295 of 592 16 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. The MCAQMD developed the operational thresholds of significance based on the level above which a project’s individual emissions would result in a cumulatively considerable contribution to the North Coast Air Basin’s existing air quality conditions. Therefore, a project that exceeds the MCAQMD operational thresholds would also be a cumulatively considerable contribution to a significant cumulative impact. Because each individual construction project is required to be in attainment with the established MCAQMD thresholds, it is not likely that cumulative impacts would be significant. Based on the aforementioned, air quality impacts would be less than significant with mitigation. Mitigation Measures: AQ-1: Vegetation Removal. Vegetation removal methods shall include grinding or chipping larger materials on-site, and/or disposal at the Transfer Station; burning of vegetation shall not be allowed without obtaining the appropriate burn permits. AQ-2: Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles: a. Off-road equipment with auxiliary diesel engines rated at 50 brake horsepower or greater, must have either a valid Air Quality permit, or a state Portable Equipment Registration Program (PERP) Registration. 4. Biological Resources BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Page 296 of 592 17 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS) or any species protected under provisions of the Migratory Bird treaty Act (e.g. burrowing owls); substantial effect upon riparian habitat or other sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; substantial effect (e.g., fill, removal, hydrologic interruption) upon state or federally protected wetlands; substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors; conflict with any local policies/ordinances that protect biological resources or conflict with a habitat conservation plan. Environmental Setting: Regionally, the Project area (Ukiah Western Hills) has historically been used primarily for recreation, timber harvest, homesite development, and undeveloped open space/wildlife habitat. The hills rise steeply from the valley floor and are predominated by eastern facing slopes. A number of drainages create small sections of north-east and south-east facing slopes. The Project area is almost exclusively in the Quercus (oak) Forest Alliance with areas of Arctostaphylos Shrubland Alliance (consisting of mazanita, chapparal, etc.). In addition, there are small “islands” of Redwood Forrest and Woodland Alliance. According to USDA Forest Service vegetation mapping the regionally dominant vegetation type within the Project area is comprised of Oregon white oak and Pacific Douglas-fir. The nearest creek is Orr Creek, approximately 0.3-mile north of the proposed trail alignment. Additionally, there is an unnamed Class III watercourse in the northern portion of the site, near where the proposed trail would connect to the existing City View Trail. Class III watercourses are categorized as having no aquatic life present, but may be capable of sediment transport to Class I and II waters under normal high water flow. A Biological Assessment was prepared for the Project by Jacobzsoon and Associates (December, 2021; Attachment C). The purpose of the assessment was to identify sensitive communities within the Study Area (defined as the trail alignment, as well as 100 ft within it) and determine the existence or potential occurrence for special-status species. The Biological Assessment is also designed to address the potential for cumulative impacts to biological resources that may occur as a result of the Page 297 of 592 18 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Project and to make recommendations to reduce or mitigate potential impacts. The Biological Assessment includes the analysis and comparison of existing habitat conditions within the Study Area with the documented range and habitat requirements of sensitive wildlife species described in the California Department of Fish and Wildlife’s (CDFW’s) California Wildlife Habitat Relationships System (CWHR) to determine if they would be directly or potentially impacted by the Proposed Project. As a part of the assessment a field survey was conducted on November 18, 2021. Prior to conducting the field survey, available reference materials were reviewed, including the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Web Soil Survey, the United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI), the Ukiah 7.5'-minute USGS quadrangle topographic map, and the most recent available aerial imagery. The location of streams and watercourses within the Project vicinity were reviewed using datasets from California Streams and the California Department of Forestry and Fire Protection (CAL FIRE). Databases queried for the occurrence of special-status species include the USFWS Information for Planning and Consultation (IPaC), and the California Department of Fish and Wildlife California Natural Diversity Database (CNDDB) Spotted Owl Data Viewer, RareFind and Quick Viewer programs. In addition, a Botanical Survey was completed by the Ukiah Valley Trail Group and Sanhedrin Chapter of the Native Plant Society (see Appendix F to the Biological Assessment in Attachment C) in accordance with recommendations from the California Department of Fish and Wildlife (CDFW) and the California Native Plant Society (CNPS). The survey included a review of the USGS quadrangle of the survey area and the eight surrounding quadrangles to identify special status plant species along two potential trail alignments, including the proposed trail corridor. The CNPS Inventory of Rare and Endangered Plants, the On-line 8th Edition, and Rarefind via the California Natural Diversity Database (CNDDB), as well as the California Rare Plant Ranks (previously known as CNPS Lists) were also used to develop a list of potentially occurring rare plants in the study area. Additionally, four field surveys were conducted in 2019 along a 20-foot wide corridor from the centerline of the proposed flagged trails on the following dates: March 21; April 11; June 8; and July 19. Field surveys were conducted from early spring to mid-summer to include known blooming and fruiting times of potentially occurring rare species, but also to encompass the blooming period of early annuals, wetland plants, and late blooming herbaceous perennial species (generally March through July). Discussion: (a) Less than significant impact with mitigation incorporated. Wildlife. According to the biological assessment prepared for the Project, a total of 46 special-status wildlife species have been documented within the larger vicinity of the Project. Of the 46 special-status wildlife species within the vicinity of the Project, 11 special-status wildlife species have a moderate or high potential to occur within the Study Area based on habitat features present. These species include the following: • Amphibians: red-bellied newt (Taricha rivularis); • Birds: northern goshawk (Accipiter gentilis), golden eagle (Aquila chrysaetos), osprey (Pandion haliaetus), northern spotted owl (Strix occidentalis caurina); • Insects: western bumble bee (Bombus occidentalis); and • Mammals: Sonoma tree vole (Arborimus pomo), North American porcupine (Erethizon dorsatum), western red bat (Lasiurus blossevillii), hoary bat (Lasiurus cinereus), and fisher [West Coast DPS] (Pekania pennanti). However, no special status wildlife species were observed within the Study Area during the Biological Assessment. The remaining thirty-five (35) special-status wildlife species documented within the vicinity of the Study Area are unlikely to occur or do not have the potential to occur due to lack of Page 298 of 592 19 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah required aquatic or vegetative habitat requirements, host plants, and/or lack of nesting habitat. Additionally, the Study Area does not contain any special-status fish species or fish bearing watercourses or waterbodies, and no special-status fish were observed during the Biological Assessment. The nearest fish-bearing watercourse is a Class I watercourse, Orr Creek, located approximately 2,250 feet northeast of the Study Area. Because no special status wildlife species were observed during the field survey, the Project is not anticipated to result in significant impacts to them. However, this does not preclude the possibility of wildlife species being present at the time of construction or being impacted from vegetation removal or other ground disturbing activities. Tree branch pruning, trimming, and root care activities will be limited to those branches that would represent hazards to hikers or cause extensive detours and additional grading for the trail route. Every effort to re-route the alignment of the trail to avoid the unnecessary removal of trees will be made. Once constructed, UVTG trail maintenance standards require that natural vegetation be permitted to grow back on the sides of the trail and along the shoulder areas to help maintain the trail base and reestablish its original natural appearance. Regardless, Mitigation Measures BIO-1 through BIO-4 which require pre-construction surveys are proposed to ensure impacts to sensitive species (and their habitat) are reduced to less than significant. As such, impacts to special status wildlife species would be less than significant with mitigation incorporated. Plants. Potentially occurring rare plant species identified in the pre-study investigations were limited to Raiche's Manzanita (Arctostaphylos stanfordiana ssp raichei) and Redwood lily (Lilium rubescens). Although the trail crosses the Arctostaphylos Shrubland Alliance, subspecies rachei was not found along the alignment. However, on both the main proposed corridor and the secondary additional corridor Redwood lily was found. Locations of the species were geotagged and the trail alignment has been modified to avoid the species. Refer to the location map within the Botanical Survey (Appendix F to the Biological Assessment in Attachment C). An additional loop was proposed in the original design, but removed from the plan in response to concerns cited by members of the botanical review team in regard to the potential impact to Redwood lily and other native plants. To ensure that the Project would not impact Redwood lily, Mitigation Measure BIO-5 requires pre-construction surveys to identify, flag and avoid (if necessary) the species prior to vegetation removal or ground disturbing activities. Impacts to special status plants would be less than significant with mitigation incorporated. In summary, Mitigation Measures BIO-1 through BIO-5 are proposed to ensure impacts to sensitive species are reduced to less than significant. Therefore, impacts to special status species would be less than significant with mitigation incorporated. Please refer to the complete Biological Assessment in Attachment C for more information, including a complete analysis of impacts to each of these species. (b) Less than significant impact with mitigation. Sensitive natural communities include those that are listed in CNDDB as well as observed MCV2 alliances or associations with state rarity ranks of S1- S3 and are listed on CDFW’s List of California Sensitive Natural Communities. According to the assessment, the Project site contains the following California Sensitive Natural Community, as designated by CDFW: Quercus garryana Forest & Woodland Alliance, Oregon white oak forest and woodland (CDFW State Rarity Rank: S3 (Vulnerable)). This community is present within the southeastern portion of the proposed trail alignment (see Map 5 within Appendix D of the Biological Assessment). It is recommended that removal of this species be avoided; however, any removal of the Oregon white oak (Quercus garryana) shall be done via consultation with the California Department of Fish and Wildlife (CDFW Additionally, it is recommended that nesting bird surveys be conducted for any activities that require vegetation removal between March 1st and August 31st of Page 299 of 592 20 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah any year, as this community may also provide habitat for nesting birds protected by the Migratory Bird Treaty Act (MBTA) and (See Mitigation Measure BIO-6 and BIO-4). The Project area contains one non-sensitive natural community: Forest & Woodland Alliance: Douglas-fir forest and woodland (seudotsuga menziesii P), which contains a CDFW State Rarity Rank of S4 (Apparently Secure). Non-sensitive natural communities are those communities that are not afforded special protection under CEQA and other Federal, State, and local laws, regulations, and ordinances, but are important to the local ecology. In addition, as discussed in the Project Description, the proposed trail corridor crosses a number of small Redwood groves with dense over growths of young (less than six inches dbh) trees scattered in the shadier areas of drainages. Some immature Redwoods will be removed in order to accommodate the alignment. Immature Redwood trees are not identified as a sensitive natural community, listed in the CDFW State Rarity Ranking system, nor a species requiring special protections under CEQA, or other local, state or federal regulations. However, as noted above, no trees greater than six inches dbh will be removed. The proposed trail corridor crosses one grove of more mature Redwoods with trees up to 30 inches dbh, but the trail will be diverted around it, thus avoiding impacts to the mature Redwoods. As such, impacts to these species would be less than significant. With implementation of the mitigation measures reference above, impacts to sensitive natural communities would be less than significant with mitigation. (c) Less than significant impact with mitigation. Aquatic resources, communities, and habitats (e.g. watercourses, ponds, wetlands, vernal pools, etc.) are considered sensitive communities and are afforded special protections under CEQA and other Federal, State, and local laws, regulations, and ordinances. The proposed trail alignment would cross the unnamed Class III watercourse, which is categorized as having no aquatic life present, but shows evidence of being capable of sediment transport to Class I and II waters under normal high water flow. Just below where the trail would cross, the Class III Watercourse reaches a flat area with no clear channel or route of drainage. As such, it effectively dissipates and ends at this location. The flat area extends approximately 100 feet and then the slope begins again, creating a new section of distinct Class III Watercourse. However, there is no connection between the two sections of Class III Watercourses. As such, the City does not propose a crossing at this time. UVTG plans to complete the work during the dry season and the UVTG Design and Maintenance Standards provide guidance for the construction of trails in the Ukiah Valley to reduce erosion (see Attachment B and discussion in Section V.7, Geology and Soils, of this Initial Study). As noted in Mitigation Measure BIO-7, the UVTG will assess the entire trail length each winter for the first three years after project completion. Any areas that are damp enough to show foot created depressions after the trail is dried will be assessed and either crossed with a footbridge such as a wooden walkway known as a “puncheon”, be hardened, or use a culvert if a bridge is deemed impractical. If any structures are proposed for placement within the bed or bank in order for the trail crossing, consultation with CDFW shall be required and all necessary permits shall be obtained. In addition, the proposed trail alignment is located approximately 200 feet south of a mapped Riverine Wetland, a Class II tributary to Orr Creek, according to the USFWS National Wetland Inventory (NWI) (see Map 7 in Appendix D of the Biological Assessment). The wetland is classified as a Riverine habitat (R4SBC). R4SBC is a riverine intermittent system with a streambed and is seasonally flooded. Riverine systems are considered watercourses for the purposes of this assessment. However, there are no recommendations for wetlands are necessary at this time, as the proposed Project will not impact this wetland due to its distance and proximity to the trail alignment. Page 300 of 592 21 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Impacts to aquatic resources would be less than significant with mitigation. (d) Less than significant impact. There are no established native resident or migratory wildlife corridors, or native wildlife nursery sites within the Project area. As noted above, there are fish bearing streams on-site. Impacts would be less than significant. (e-f) Less than significant impact. There are no adopted Habitat Conservation Plans for the City of Ukiah, nor the larger Ukiah Valley that are applicable to the Project. Impacts would be less than significant. Mitigation Measures: BIO-1: Sensitive Amphibian Species. One (1) special-status amphibian has a moderate or high potential to occur within the Study Area; red-bellied newt (Taricha rivularis). A qualified biologist shall survey the area prior to any groundbreaking or dewatering activities to determine the presence of Red- belly newt, or other sensitive amphibian species, and identify additional avoidance measures, if needed. BIO-2: Special-Status Mammals. Five (5) special-status mammal species have moderate or high potential to occur within the Study Area. These species include the Sonoma tree vole (Arborimus pomo), North American porcupine (Erethizon dorsatum), western red bat (Lasiurus blossevillii), hoary bat (Lasiurus cinereus), and fisher [West Coast DPS] (Pekania pennanti). Pre-construction surveys shall be conducted by a qualified Biologist prior to any vegetation removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor, grease stained cavities) around trees or structures, pre-construction bat surveys shall be conducted by a qualified biologist for activities that may affect bat roosting habitat and den sites. BIO-3: Special-Status Insects. One (1) special-status insect species has moderate or high potential to occur within the Study Area; western bumble bee (Bombus occidentalis). A qualified Biologist shall survey the area prior to any groundbreaking activities to determine the presence of special-status insect species and identify additional avoidance measures if needed. If a special-status insect nests are observed, active nests shall not be removed, relocated, or otherwise disturbed until the nest becomes inactive. BIO-4: Nesting Birds. Four (4) special-status avian species have moderate or high potential to occur within the Study Area. These species include northern goshawk (Accipiter gentilis), golden eagle (Aquila chrysaetos), osprey (Pandion haliaetus), and northern spotted owl (Strix occidentalis caurina). Pre-construction surveys shall be conducted by a qualified Biologist prior to any vegetation removal or ground disturbing activities occurring between March 1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for any purpose until all fledglings have left the nest. BIO-5: Special Status Plants. One (1) special status plant, Redwood lily (Lilium rubescens), was observed within the proposed trail alignment and the secondary additional alignment. U.S. Fish and Wildlife (USFWS) protocol-level sensitive plant species surveys for Redwood lily (within the blooming period (generally March-August) shall be conducted by a qualified Biologist prior to any ground disturbing activities to verify the presence of special status plants. Plant locations will be flagged and a 25-foot, 50-foot or 100-foot no disturbance zone shall be established to avoid the species. Data shall Page 301 of 592 22 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah be submitted to the California Natural Diversity Database (CNDDB) and additional mitigation will be identified if needed, in coordination with CDFW and USFWS. BIO-6: Oregon White Oak Forest. Any removal of the Oregon white oak (Quercus garryana) shall be done via consultation with the Calif ornia Department of Fish and Wildlife (CDFW); all work within this community shall adhere to CDFW recommendations. In addition, nesting bird surveys shall be conducted prior to commencing any activities that require vegetation removal between March 1st and August 31st of any year (refer to Mitigation Measure BIO-4). Lastly, although not required, other management considerations for the preservation of this community include thinning or removal of conifer species within the stand in accordance with local laws, regulations, and ordinances. Such thinning could limit the possibility of vegetation type conversion to closed-canopy woodlands and conifer forest and inhibit the development of fuel ladders that increase the potential for stand-replacing fires. BIO-7: Watercourses. The Project shall adhere to UVTG Design and Maintenance Standards for trail construction related to erosion, and all earthwork within or adjacent to (50 feet) any watercourse or other body of water shall adhere to standard methods of erosion and sediment control (placement of straw, mulch, seeding, straw wattles, silt fencing, etc.) and, if possible, work shall be completed while the channel is dry to reduce sediment load downstream. The UVTG shall assess the entire trail length each winter for the first three years after project completion. Any areas that are damp enough to show foot created depressions after the trail is dried will be assessed and either crossed with a footbridge such as a wooden walkway known as a “puncheon”, or be hardened, or diverted with a culvert if a bridge is deemed impractical. If any structures are proposed for placement within the bed or bank in order for the trail crossing, consultation with California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, and U.S. Army Corps of Engineers shall be required, and all necessary permits shall be obtained. 5. Cultural Resources CULTURAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred outside of dedicated cemeteries? Significance Criteria: The proposed Project would significantly impact cultural resources if the significance of a historical or archaeological resource were substantially changed, or if human remains were disturbed. Page 302 of 592 23 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Under CEQA, cultural resources must be evaluated to determine their eligibility for listing in the California Register of Historic Resources (CRHR). If a cultural resource is determined ineligible for listing on the CRHR the resource is released from management responsibilities and a project can proceed without further cultural resource considerations. As set forth in Section 5024.1(c) of the Public Resources Code for a cultural resource to be deemed “important” under CEQA and thus eligible for listing on the California Register of Historic Resources (CRHR), it must meet at least one of the following criteria: 1)Is associated with events that have made a significant contribution to the broad patterns of California History and cultural heritage; or 2)Is associated with the lives of persons important to our past; or 3)Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possess high artistic value; or 4)Has yielded or is likely to yield, information important to prehistory or history. Archaeological resources are commonly evaluated with regard to Criteria 4 (research potential). Historic-era structures older than 50 years are most commonly evaluated in reference to Criteria 1 (important events), Criteria 2 (important persons) or Criteria 3 (architectural value). To be considered eligible under these criteria the property must retain sufficient integrity to convey its important qualities. Integrity is judged in relation to seven aspects including: location, design, setting, materials, workmanship, feeling, and association. Guidelines for the implementation of CEQA define procedures, types of activities, persons, and public agencies required to comply with CEQA. Section 15064.5(b) prescribes that project effects that would “cause a substantial adverse change in the significance of an historical resource” are significant effects on the environment. Substantial adverse changes include both physical changes to the historical resource, or to its immediate surroundings. Public Resources Code Section 21083.2 also defines “unique archaeological resources” as “any archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: •Contains information needed to answer important scientific research questions and show that there is a demonstrable public interest in that information. •Has a special and particular quality, such as being the oldest of its type or the best available example of its type. •Is directly associated with a scientifically recognized important prehistoric or historic event or person." This definition is equally applicable to recognizing “a unique paleontological resource or site.” CEQA Section 15064.5 (a)(3)(D), which indicates “generally, a resource shall be considered historically significant if it has yielded, or may be likely to yield, information important in prehistory or history,” provides additional guidance. Assembly Bill 52 (effective on July 1, 2015) requires that before a negative declaration, mitigated negative declaration, or environmental impact report for a project is prepared, the lead agency for the project must seek consultation with tribes associated with the location of the project. To receive referrals, each tribe must have previously made a written request to the lead agency in order to be consulted on projects occurring in their geographic areas of interest. The Guidiville Rancheria of Page 303 of 592 24 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah California is the only tribe that has made such request. As such, an AB 52 notice was sent to them on September 27, 2021; no responses were received. Environmental Setting: The Ukiah Township lies in a valley of the Russian River, bounded on the north by Calpella Township, on the east by Lake County, on the south by Sanel Township, and on the west by Anderson Township. The City of Ukiah was first settled in 1856 by Samuel Lowry. Initially incorporated into Sonoma County, an independent Mendocino County government was established in 1859 with Ukiah as the chosen county seat. Logging, cattle, and agricultural ventures contributed to the early settlement and growth of Ukiah throughout the remainder of the 19th century and early 20th century. 1889 is the date recorded for the first arrival of the train to Ukiah, quickly resulting in increased settlement of the City and its environs. The City of Ukiah is within the territory of the Northern Pomo. Permanent villages were often established in areas with access to staple foods, often times along eco-tones (transitions between varying environments), with access to good water, and generally flat land (Environmental Science Associates, 2013). The late 19th century saw slow growth in the community, with a slight decline after the turn of the century. The 1906 earthquake damaged a number of Ukiah buildings, particularly in the commercial core, and considerable re-building and remodeling activity occurred after that time. The City appears to have prospered in the following years, through the early 1920’s. The City contains a number of Colonial Revival and Craftsman style derivations, popular during this era, that reflect the community’s prosperity. An Historical and Architectural Survey Update was last prepared for the City by P.S. Preservation Services in 1999. The survey identified 23 properties with historic importance within the City limits. City Ordinance No. 838 was passed by the City in 1983, requiring that prior to the demolition of any building over 50 years old, the approval of the City Council must be obtained. The ordinance is a positive preservation tool, allowing some review and public input opportunity regarding the potential loss of historically significant buildings. Discussion: (a) No impact. On June 22, 2021, the City requested a records search at the Northwest Information Center (NWIC) located on the campus of Sonoma State University. The NWIC, an affiliate of the State of California Office of Historic Preservation is the official state repository of cultural, archaeological and historical records and reports for an 18-county area that includes Mendocino County. The records search included a review of all study reports on file within a one-half mile radius of the Project area. A review of historic registers and inventories indicate that no historical landmarks or points of interest are present in the Project area. In addition, no National Register listed or eligible properties are located within the Project area. Therefore, the Project would not cause a substantial adverse change in the significance of a historical resource as defined in §15064.5. No impact. Discussion: (b) Less than significant impact. The NWIC records search also included a search of cultural resources included a one-quarter-mile radius. The records search indicated that a cultural resources study has not been completed on-site. However, as noted in the City’s General Plan Historic and Archeological Resources Element (1995), the Project site is not identified as an area of high cultural sensitivity; areas that are most typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches above watercourses because Native Americans and settlers favored easy access to potable water. Because the Project has been designed with minimal ground disturbance and the site does not have a high potential for cultural resources to occur, less than significant impacts would occur as a result of the Project. Additionally, construction of the Project will be required to adhere to CEQA Guidelines Section 15064.5 (e-f) which specifically addresses what to do in the event that human remains or archeological resources are accidentally discovered. Page 304 of 592 25 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah As noted above, in accordance with AB 52, a notification proving the opportunity for consultation was sent to the Guidiville Rancheria of California but no response requesting formal consultation was received. Impacts to cultural and archeological resources would be less than significant. Mitigation Measures: None 6. Energy ENERGY. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Significance Criteria: The Proposed Project would significantly impact energy if construction or operation of the Project would result in wasteful, inefficient or unnecessary consumption of energy resources or if the Project would conflict with a state or local plan for renewable energy or energy efficiency. Environmental Setting: Senate Bill 100 (SB 100, De León, Chapter 312, Statutes of 2018), the state’s landmark policy requiring that renewable and zero-carbon energy resources supply 100 percent of electric retail sales to customers by 2045. The bill was signed into law in 2018 and calls for these resources to replace fossil fuels for generating electricity in the state. According to the California Air Resources Board (CARB), California has already made significant progress toward a clean energy future. Due to many efforts that promote renewable energy, energy efficiency and the storage technologies needed to retire fossil fuel resources, the state’s electricity mix is already more than 60 percent carbon free. Approximately 36 percent of that comes from renewable sources, predominantly wind and solar. Specific to construction projects, CARB and the Environmental Protection Agency (EPA) standards regulate energy consumption through Green Budling Standards to ensure construction does not result in wasteful, inefficient or unnecessary consumption of energy resources. Discussion: (a-b) Less than significant impact. Fossil fuels for construction vehicles and other energy-consuming equipment would be used during vegetation removal and trail construction. However, fuel energy consumed during construction would be temporary and would not represent a significant demand on energy resources. Project construction equipment would also be required to comply with the latest CARB and EPA engine emissions standards which require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. Once constructed, the trail would not consume any sources of energy. With adherence to the aforementioned regulations, impacts from the Proposed Project related to energy consumption would be less than significant. Page 305 of 592 26 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Mitigation Measures: None 7. Geology and Soils GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Significance Criteria: The Proposed Project would result in a significant impact to geological or soil resources if it exposed people or structures to seismic risk; ruptured a known fault; produced strong seismic ground shaking, ground failure, liquefaction, landslides or substantial soil erosion; is located on expansive soil or unstable ground, or would create unstable ground; or destroyed a unique paleontological resource or geologic feature. Page 306 of 592 27 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Environmental Setting: The Ukiah Valley is part of an active seismic region that contains the Mayacama Fault, which traverses the valley in a generally northwest-southeast direction east of the Project area. Based on California Geological Survey maps and the Background Report for the County of Mendocino General Plan Update (prepared by P.M.C., 2003), lands within the Western Hills are identified as being located on a somewhat unstable geologic formation but are not located within the Alquist Priolo Fault Zone, or in a landslide or liquefaction zone. In addition, according to the U.S. Geological Survey (USGS) Interactive Fault Map, there are no faults identified within the Project area. The Project area is located at approximately 1,000-1,400 feet in elevation and is situated within the Coast Range geologic province. The North Coast Range is comprised of a geologic feature unique to California, the Franciscan Formation, which dictates the vegetative communities. The Franciscan Formation is comprised of serpentine, sandstone, and other sedimentary rocks. The soils within the Project site are characterized as both Hopland, which consist of consists of very deep, well drained soils formed in colluvium and residuum weathered from sandstone or shale on steep hills and slopes (50 to 75 percent), and Maymen soils that are shallow, somewhat excessively drained soils that formed in residuum weathered from shale, schist, greenstone, sandstone and conglomerate. These soils have a shallow depth to bedrock. Discussion: (a, c & d) No Impact. As noted above, the Project site does not contain earthquake faults. The site does not contain expansive or unstable soils and is not susceptible to landslides, nor strong seismic ground shaking. Lastly, the Project has been designed with minimal ground disturbance. Impacts to geology and soils related to these issues would be less than significant. (b) Less than significant impact. Development and use of the proposed trail, if not carefully performed, has the potential to cause erosion. Trail grades are typically 7-8 percent, with some switchback grades along the steeper sections of hillside with slopes of 12 percent for very short sections of the trail. The UVTG Design and Maintenance Standards (Attachment B) provide guidance for the construction of trails in the Ukiah Valley to reduce erosion. These standards include, but are not limited to, the following: • Construction of trails that are three feet wide, or less if physical constraints are present, to reduce the disturbance footprint; • Trails should be built with the contour of the topography (± 10%) to allow for sheet flow drainage and minimize concentrated runoff; • Average trail grade of less than10%, with short sections over 10% and followed by a relatively flat section or grade reversal; • Grade of the trail should not be greater than half the grade of the side slope the trail traverses to prevent erosion caused by water flowing down the trail rather than down the hillside; • Maximum trail grades of less than 15% wherever possible to reduce the potential for erosion and user damage; • Incorporation of grade reversals every 10 to 50 feet to provide areas for water to drain off trails; • Outer edges of trails should be built and maintained with a 3-5% outslope to create sheet flow; and • Build in a backslope where the area uphill of the trail is sloped upward from the trail to prevent a waterfall effect that creates concentrated flow on the trail. Trail construction is anticipated to take approximately two weeks and will be scheduled during optimal weather and soil moisture conditions in order to reduce the duration that soils are exposed to water- borne erosion. Page 307 of 592 28 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah For the above reasons, impacts to geology from the loss of topsoil or erosion would be less than significant. (e) No impact. No septic tanks or other waste water disposal systems are proposed. No impact. (f) Less than significant impact. The geology of the Western Hills area is of the Franciscan Complex that dates to the Jurassic Period, approximately 199.6 to 145.5 million years ago. The Franciscan complex consists of arkosic sandstone interbedded within shale. Arkose is a coarse and well sorted quartz with a fine-grained matrix. Additionally, the Franciscan Complex can include rocks such as chert, serpentinite, basalt, and greenstone. The Franciscan complex, widespread in coastal California, has produced only small collections of significant fossils. Additionally, construction of the trail would only disturb the first few feet of soil where fossils are generally not known to be found. Therefore, the Project would not destroy unique paleontological resources or site or unique geologic features. Impacts would be less than significant. Mitigation Measures: None 8. Greenhouse Gas Emissions GREENHOUSE GAS EMISSIONS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Significance Criteria: The Project would have a significant effect on greenhouse gas emissions if it would generate greenhouse gas emissions (GHG), either directly or indirectly, that may have a significant impact on the environment; or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Environmental Setting: Climate change is caused by greenhouse gases (GHGs) emitted into the atmosphere around the world from a variety of sources, including the combustion of fuel for energy and transportation, cement manufacturing, and refrigerant emissions. GHGs are those gases that have the ability to trap heat in the atmosphere, a process that is analogous to the way a greenhouse traps heat. GHGs may be emitted a result of human activities, as well as through natural processes. Increasing GHG concentrations in the atmosphere are leading to global climate change. Carbon dioxide (CO2) is the most important anthropogenic GHG because it comprises the majority of total GHG emissions emitted per year and it is very long-lived in the atmosphere. Typically, when evaluating GHG emissions they are expressed as carbon dioxide equivalents, or CO2e, which is a Page 308 of 592 29 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah means of weighting the global warming potential (GWP) of the different gases relative to the global warming effect of CO2, which has a GWP value of one. In the United States, CO2 emissions account for about 85 percent of the CO2e emissions, followed by methane at about eight percent, and nitrous oxide at about five percent. The state of California has adopted various administrative initiatives and legislation relating to climate change, much of which set aggressive goals for GHG emissions reductions statewide. Although lead agencies must evaluate climate change and GHG emissions of projects subject to CEQA, the CEQA Guidelines do not require or suggest specific methodologies for performing an assessment or specific thresholds of significance and do not specify GHG reduction mitigation measures. No state agency has developed binding regulations for analyzing GHG emissions, determining their significance, or mitigating significant effects in CEQA documents. Thus, lead agencies exercise their discretion in determining how to analyze GHGs. Because there are no adopted GHG thresholds applicable to the Project, and because the Project is considered “small scale”, meaning that it does not include new large structures or components requiring significant construction that would result in increased GHGs, the below qualitative analysis is appropriate. Discussion: (a-b) Less than significant impact. Although the Project will mostly use hand tools, trail construction activities requiring the use of occasional power tools could result in direct GHG emissions from construction equipment and vehicle trips. However, construction will be temporary (up to two weeks) and subject to EPA and CARB energy efficiency regulations, as well as regulations of the Mendocino County Air Quality Management District (MCAQMD) intended to reduce dust, air pollution, and emissions. Due to the Project’s location, the majority of trail users are expected to access the trailhead by both vehicle and alternate modes of travel (bicycle, on foot, etc.) which will increase vehicle trips to the site over current levels. While the actual number of trail users is not known, the number of users is not anticipated to be significantly higher than the current number of users. As discussed in Section 17, Transportation, the Project would not result in a significant number of traffic trips or vehicle miles traveled. Therefore, impacts would be less than significant. Mitigation Measures: None 9. Hazards and Hazardous Materials HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Page 309 of 592 30 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Significance Criteria: The Project would result in significant hazards or hazardous materials impacts if it exposed people to hazardous materials or placed them into hazardous situations; if it released hazardous materials or emissions into the environment or within 0.25 miles of a school; if it is located on a listed hazardous materials site; if it would create a hazard due to its proximity to a public airport or private airstrip; if it would create excessive noise for people in the area; if it would interfere with an emergency response or evacuation plan; or if it would expose people or structures to significant risks due to wildland fire. Environmental Setting: Mendocino County has adopted numerous plans related to hazard management and mitigation including, but not limited to: Community Wildfire Protection Plan, Hazardous Waste Management Plan, Operational Area Emergency Plan, etc. The most recent plan, the Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was adopted by the County in December, 2020. The MJHMP provides an explanation of prevalent hazards within the County, identifies risks to vulnerable assets, both people and property, and provides a mitigation strategy to achieve the greatest risk reduction based upon available resources. The four cities within Mendocino County, including the City of Ukiah, participated in preparation of the MJHMP to individually assess hazards, explore hazard vulnerability, develop mitigation strategies, and create their own plan for each respective city (referred to as a “jurisdictional annex” to the MJHMP). The City of Ukiah adopted its jurisdictional annex chapter of the MJHMP on November 18, 2020. Hazards identified for the City if Ukiah include earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah. Page 310 of 592 31 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah The Ukiah Municipal Airport is located within the City of Ukiah jurisdictional limits. The Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) was adopted by the Mendocino County Airport Land Use Commission on May 20, 2021 and adopted by the Ukiah City Council on June 16, 2021. The UKIALUCP identifies areas (known as “compatibility zones”) with potential hazards and impacts to persons using or working within the vicinity of the airport. The site does not include any known hazardous waste sites, as mapped by the State Water Resources Control Board (SWRCB) or the California Department of Toxic Substances Control (DTSC) on the GeoTracker and EnviroStor databases, respectively, nor are there any listed sites within the vicinity of the site. All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, some parcels within the western boundary of the City limits, including the Project site, are designated as “Very High” fire severity within the Local Responsibility Area (LRA). Discussion: (a-b) Less than significant impact. Construction activities limited to the use of powered equipment, as needed, may include the routine transport, use, storage, and disposal of small quantities of common hazardous materials, such as gasoline, diesel fuel, hydraulic fluids, and oils. However, the types and quantities of materials to be used are not expected to pose a significant risk to the public and/or environment and would be managed in accordance with federal, state, and local regulations. Impacts would be less than significant. (c) Less than significant impact. Ukiah High School and Pomolita Middle School are located more than one-half mile away from the proposed trail alignment and as noted above, the use of hazardous materials for construction would be in accordance with all applicable regulations; impacts would be less than significant. (d) No impact. As previously noted, under Government Code Section 65962.5, both the State Water Resources Control Board and the California Department of Toxic Substances Control are required to maintain databases of sites known to have hazardous substances present in the environment. Both agencies maintain such databases on their websites, known as GeoTracker and EnviroStor. According to these databases, the Project site(s) do not contain any listed hazardous sites; no impact would occur. (e) Less than significant impact. The Project parcel is located approximately 1.86 miles northwest of the Ukiah Municipal Airport within the Other Airport Environs (OAE) Compatibility Zone of the UKIACLUP, which is identified as having a low risk level associated with airport operations. Occasional overflights may be intrusive to some outdoor activities but the OAE zone does not contain any regulations regarding intensity of use or other standards specific to airport safety concerns that would be applicable to the Project. According to Table 3A of the UKIALUCP, most land-use categories, including recreation facilities, parks and open land areas are considered normally compatible in the OAE compatibility zone. Based on this information, the Project would not result in a safety hazard or excessive noise for people residing or working in the Project area. Impacts would be less than significant. (f) Less than significant impact. There are no components of the Project that would impair or interfere with emergency response or evacuation. The proposed trail would be accessed from an Page 311 of 592 32 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah existing park and parking lot. There are no components of the Project that would impair implementation of, or physically interfere with, the adopted MJHMP or other emergency response plan or evacuation plan. Impacts would be less than significant. (g) Less than significant impact with mitigation incorporated. As previously noted, the Project site is designated as having a “Very High” fire severity within a Local Responsibility Area (LRA). However, the use of the Proposed trail would not substantially increase the risk of wildfire in the area. Temporary construction activities involving the occasional use of gasoline-powered tools and equipment could introduce new temporary sources of ignition that could increase fire risk. However, with implementation of Mitigation Measure HAZ-1, impacts would be reduced to less than significant. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. See Section V.20, Wildfire, for more information. Impacts would be less than significant with mitigation incorporated. Mitigation Measures: c. Fuel the equipment in a safe place where spills can be contained and a fire extinguisher is nearby. Use the recommended gas/oil mixture and do not top off. Use a funnel or spout for pouring. Wipe off any spills. d. Do not refuel running or hot equipment. Dispense fuel at least 10 feet from sources of ignition. e. Do not use equipment in areas of dry vegetation. Keep leaves and dry materials away from a hot muffler. f. No smoking or open flame allowed near gasoline-powered equipment. HAZ-1: Should portable gasoline-powered equipment be used on site, the following firesafe precautions shall be taken: a. Spark arresters are required on all portable gasoline-powered equipment. b. Equipment shall be maintained in good working condition, with exhaust systems and spark arresters in proper working order and free of carbon buildup. Page 312 of 592 33 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 10. Hydrology and Water Quality HYDROLOGY AND WATER QUALITY: Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in a substantial erosion or siltation on- or off- site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Significance Criteria: The Project would significantly impact hydrology and water quality if it violated water quality standards or waste discharge requirements or substantially degraded surface or groundwater quality; substantially decreased groundwater supplies or impeded sustainable groundwater management; altered drainage patterns in a manner that would cause substantial on- or off-site erosion, polluted runoff or excessive runoff that caused flooding; impeded or redirected flood flows; risked a release of pollutants due to inundation if in a flood hazard, tsunami or seiche zone; or conflicted with a water quality plan or sustainable groundwater management plan. Environmental Setting: Average rainfall in Ukiah is slightly less than 35 inches. Most of the precipitation falls during the winter. Rainfall is often from brief, intense storms, which move in from the northwest. Virtually no rainfall occurs during the summer months. The Project area includes the Russian River Hydrologic Unit, Upper Russian River Hydrologic Area, Ukiah Hydrologic Subarea. The Russian River is on the State Water Resources Control Board’s Page 313 of 592 34 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah (SWRCB) 303(d) list of impaired water bodies for water temperature and sedimentation/siltation. Sediment impairments in tributaries led to listing the entire Russian River Watershed for sediment. Surface water supplies for the Ukiah Valley include the Eel River, from which water is diverted into the Russian River watershed through the Potter Valley Project, Lake Mendocino, and the Russian River. Groundwater is drawn from the Ukiah Valley groundwater basin. The Ukiah Valley groundwater basin is the northernmost basin in the Russian River water system and underlies an area of approximately 60 square miles. Water enters the groundwater system via percolation of surface waters and through the soil. The creeks and streams in the Ukiah Valley provide drainage channels for groundwater recharge, as well as domestic and agricultural water supply. The City of Ukiah 2020 Urban Water Management Plan (UWMP) was adopted by City Council on June 2, 2021. The UWMP considers several growth scenarios including an additional 2,500 and 5,000 new hookup scenarios and determined that there is capacity through the 2045 planning horizon to serve these growth projections. Discussion: (a-b & e) No impact. No groundwater would be used for construction or operation of the trail. Existing restrooms and water faucet facilities are provided in Low Gap Park for trail users; no new facilities are proposed. The Project would not require water to be discharged and groundwater would not be impacted by the Project. No impact. (ci-iii) Less than significant impact with mitigation. As discussed in Section V.4, Biological Resources, the proposed trail alignment would cross an unnamed Class III watercourse, which is categorized as no aquatic life present, but shows evidence of being capable of sediment transport to Class I and II waters under normal high water flow. Just below where the trail would cross, the Class III Watercourse reaches a flat area with no clear channel or route of drainage. As such, it effectively dissipates and ends at this location. The flat area extends approximately 100 feet and then the slope begins again, creating a new section of distinct Class III Watercourse. However, there is no connection between the two sections of Class III Watercourses. As such, the City does not propose a crossing at this time. However, as described in Section V.4, Biological Resources and noted in Mitigation Measure BIO-7, should persistent wet areas be noted in the first three years after project completion, the trail will be hardened or a footbridge will be constructed outside of the bed and bank of the watercourse to avoid impacts to it. Standard methods of erosion and sediment control will be implemented to reduce potential sediment loads downstream. If any structures are proposed for placement within the bed or bank in order for the trail to cross the watercourse, consultation with the appropriate regulatory agencies shall be required and all necessary permits shall be obtained. UVTG plans to complete the work during the dry season and will implement the UVTG Design and Maintenance Standards which provide guidance for the construction of trails to reduce erosion. Specifically, the trail will be 2 to 4 feet wide, back sloped to create an angle of repose to the greatest extent possible, and built with a 3 to 5 percent outslope and rolling dips. This method also allows the construction of the three percent out- slopes and tapered shoulders that are designed to maintain the original sheet drainage patterns over the trail and reduce erosion and subsequent maintenance see Attachment B and discussion in Section V.7, Geology and Soils, of this Initial Study). Lastly, trail construction is anticipated to take approximately two weeks and will be scheduled during optimal weather and soil moisture conditions in order to reduce the duration that soils are exposed to water-borne erosion. As such, impacts associated with erosion and water quality would be less than significant with mitigation. (d) No impact. The Project is not located within a tsunami hazard zone, nor a flood zone, as identified by the Federal Emergency Management Agency. No impact would occur. Mitigation Measures: Page 314 of 592 35 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Implementation of BIO-7 11. Land Use and Planning LAND USE AND PLANNING. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Significance Criteria: The Project would significantly impact land use if it physically divided an established community or conflicted with a land use plan, policy or regulation intended to avoid or mitigate an environmental impact, such as the general plan or zoning code. Environmental Setting: The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single-family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities. The City of Ukiah is governed by the City’s General Plan, which was originally adopted in 1995, and currently in the process of being updated. Because the 2040 General Plan has not been adopted, the 1995 General Plan is the applicable plan relating to land use within the City. More specifically, zoning and land use are governed by the City’s Zoning Ordinance, as outlined in Division 9, Chapter 2 of the Ukiah City Code. The purpose of the Ukiah Zoning Code is to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare. The larger Ukiah Valley is governed by the Ukiah Valley Area Plan (UVAP; 2011), which is a comprehensive and long range inter-jurisdictional planning document that represents the vision and foresight of the people who live and work in the Ukiah Valley. This plan governs land use and development on the unincorporated lands in the Ukiah Valley. Discussion: (a) Less than significant impact. Physical division of an existing community would typically be associated with construction of a new highway, railroad, park or other linear feature being constructed in a manner that would bifurcate an established neighborhood or community. Because the Project site does not contain any residences and the Project proposes to construct an additional loop from an existing trail that would not bifurcate an existing neighborhood or community, the Project would result in the division of an established community. Impacts would be less than significant. (b) Less than significant. The 46-acre parcel is owned by the City of Ukiah and is currently used for public/recreation uses. Specifically, the eastern portion of the parcel contains a portion of the Ukiah Municipal Golf Course and is also developed with water tanks. The western portion of the parcel is developed with a portion of the City View Trail that begins within Low Gap Park, a County-maintained Park just north of the site. The proposed Upper City View Trail would connect to the existing City View Trail via existing recreational trails connecting to Low Gap Park. Although the parcel is developed with Page 315 of 592 36 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah municipal and recreational uses, the 46-acre Project site is zoned Single-Family Residential-Hillside Overlay District (R1-H) and carries a General Plan Designation of Rural Residential (RR). The –H Overlay District is intended to encourage planning, design, and development while preserving natural physical features and minimizing potential safety, water runoff and soil erosion concerns associated with the natural terrain. Development of public trails are not specifically listed. However, maintenance activities, including vegetation removal and tree pruning, are listed as allowed uses. Because the parcel is City-owned and currently used for recreational and public purposes, it will not be developed with residential development under the R1H zoning district. The Project would be consistent with on- site and adjacent public/recreation land uses, would not be detrimental to surrounding residences, nor would it prohibit the potential development of residences on privately-owned property in the area. Accordingly, it was determined that the public hiking trail is an “allowed” use and does not require discretionary review under the R1H zoning district. This determination is consistent with the determination that was made for the original City View Trail, which was developed on the Project site and adjacent R1-H zoned parcel. The Project supports the Parks and Recreation Element of the 1995 General Plan, which encourages maintenance of existing facilities, as well as development of new facilities. Specifically, the Parks and Recreation Element identifies publicly-owned property as preferable lands for developing hiking trails. Additionally, the Project is consistent with the following Parks and Recreation Element goal, policy, and implementation measures relating to the development of trails within the city: Goal PR-9: Establish future routes for public trails in the Planning Area. Policy PR- 9.1: Make use of existing public lands for public access prior to developing or purchasing other private lands for trails. Implementati on Measure PR-9.1(a): Develop hiking trails, river access, or other trails on existing publicly-owned lands, lands voluntarily offered to public agencies, or lands converted from a resource production use to a non-resource production use by way of a discretionary permit approval, prior to purchasing new private lands for trails or developing trails on non-publicly owned lands. Implementati on Measure PR-9.1(b): Route selection shall provide for a network of trails, allowing for unconnected segments due to long-term impediments to the continuous trail – such as private land ownership, environmentally sensitive areas, existing land uses, and public safety – including law enforcement issues. In 2015, the Ukiah Valley Trail Group developed the Low Gap Park Trail Plan, which identifies existing trails within the park, issues and recommendations for existing trails, as well opportunities for new trails; the proposed Upper City View Trail was one of the trails identified in the plan as a new potential trail. Lastly, although the Project is located within the northwestern most portion of the City limits, it supports the Ukiah Valley Area Plan by providing more recreational facilities to serve residents of the larger Ukiah Valley. Based on the aforementioned, the Project is consistent with all applicable land use plans and regulations; the Project would not result in a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Impacts would be less than significant. Mitigation Measures: None Page 316 of 592 37 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 12. Mineral Resources MINERAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Significance Criteria: Impacts to mineral resources would be considered significant if the proposed Project were to result in the loss of a known mineral resource that has value to the region and state or is otherwise locally important as designated on a local land use plan. Environmental Setting: The most predominant of the minerals found in Mendocino County are aggregate resource minerals, primarily sand and gravel, found along many rivers and streams. The Ford Gravel Bars are located in Ukiah, along the Russian River. Discussion: (a-b) No impact. There are no identified mineral resources within the Project area. No impact would occur. Mitigation Measures: None 13. Noise NOISE. Would the project result in: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive ground borne vibration or ground borne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels Page 317 of 592 38 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Significance Criteria: The Project would have a significant impact if it temporarily or permanently exceeded local noise standards in the vicinity of the Project, generated excessive ground borne noise or vibration; or would expose people residing or working in the area to excessive noise levels from public airports or private airstrips. Environmental Setting: The Ukiah City Code does not contain thresholds for analyzing noise impacts from construction-related noise but guidance documents from the Federal Highway Administration and the Federal Highway Administration provide information on maximum noise and vibration levels associated with construction equipment and thresholds of significance for analyzing such impacts. Although the Ukiah City Code does not contain thresholds of significance for analyzing construction- related noise, UCC §6054, Construction of Buildings and Projects, states that it shall be unlawful for any person within a residential zone, or within a radius of five hundred feet (500’) therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device (between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Director of Public works. The UCC’s Noise Ordinance (Division 7, Chapter 1, Article 6) that establishes ambient base noise level standards that apply to specific zoning districts within the City of Ukiah. These are specific to operation (not construction). “Ambient noise” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of the Noise Ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. Land uses exceeding these standards for long periods of time are considered to be significant. Discussion: (a) Less than significant impact. Construction activities are generally temporary, resulting in periodic increases in the ambient noise environment and generally occur when construction activities occur in areas immediately adjoining noise-sensitive land uses, during noise- sensitive times of the day, or when construction activity occurs at the same precise location over an extended period of time (e.g., pile driving in one location for 8-10 hours in a day, or over a duration of several successive days). Certain land uses are particularly sensitive to noise, including schools, hospitals, rest homes, long-term medical and mental care facilities. Residential areas are also considered noise sensitive, particularly during the nighttime hours. The nearest sensitive receptors are residences located on Valley View Drive and Maple Avenue, approximately 1,500 feet east of the northern connection to the City View Trail. Although trail construction is anticipated to be completed by hand tools (McLeod, pulaski, axe, pick, pole saw, hand saw, loppers, shovel, etc.), different trail construction methods and tool will be utilized to accommodate the varied topography, vegetation, and other natural conditions on the Project site; this may include the use of power equipment tools as conditions require and opportunity allows such as chainsaws, power wheel barrows, vibra-plates, jackhammers, or small trail dozers designed specifically f or trail building. According to the Federal Highway Administration’s Roadway Construction Noise Model User’s Guide (2006), maximum noise levels associated with these tools range from 73 to 89 decibels Page 318 of 592 39 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah (dBA). The operation of each piece of equipment along the trail alignment would not be constant throughout the day, as equipment would be turned off when not in use. Over a typical work day, equipment would operate at different locations on the Project site and would not always be operating concurrently. There are no quantitative standards for construction noise specified by either the Ukiah General Plan or the UCC. However, UCC Section 6054 restricts construction activities within a residential zone, or within a radius of 500 feet therefrom, to the hours of 7:00 a.m. and 7:00 p.m. Similarly, the Federal Transit Administration’s Transit Noise and Vibration Impact Assessment Manual (2018) identifies a daytime noise levels of over 90 dBA for extended periods of time as a noise level where adverse community reaction could occur at residential land uses within 500 feet of the noise. As noted above, the nearest residence is approximately 1,300 ft away from the trail, and noise generated by the Project would be well below the 90 dBA threshold, as the majority of the work would be completed via with hand tools. The occasional use of equipment, such as a jackhammer or other equipment with noise levels up to 89 dBA would not occur within 500 feet of a residence and would not be for prolonged periods of time. Lastly, Project construction will occur between the hours of 7:00 a.m. to 7:00 p.m., in accordance with the City’s Noise Ordinance. As such, noise impacts associated with the Project would be less than significant. (b) Less than significant impact. Project construction can generate varying degrees of ground borne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Similar to the discussion in the noise analysis in criteria (a) above, the City does not contain specific standards or thresholds related to groundborne vibration. However, the Federal Transit Administration’s Transit Noise and Vibration Impact Assessment Manual identifies 0.2 inches per second peak particle velocity (in/sec PPV) as the level at which potential damage could result to non-engineered timber and masonry buildings.1 Additionally, Caltrans identifies 0.24 in/sec PPV as the level at which vibration is distinctly perceivable to humans. Based on ground-borne vibration levels for standard types of construction equipment provided by the FTA, of the equipment proposed to be used for Project construction, the use of a vibratory roller/compactor (such as a “vibraplate”) would be expected to generate the highest vibration levels (typically 0.210 in/sec PPV at a distance of 25 feet). Due to the Project’s proximity to the nearest residence (approximately 1,200 ft) and the fact that the operation of this equipment (with vibration levels below the aforementioned thresholds) along the trail alignment would not be constant throughout the day, the Project would not result in significant groundborne vibration, and impacts would be less than significant. (c) Less than significant impact. The Project parcel is located approximately 1.86 miles northwest of the Ukiah Municipal Airport within the Other Airport Environs (OAE) Compatibility Zone of the UKIACLUP, which is identified as having a low risk level associated with airport operations. Occasional overflights may be intrusive to some outdoor activities but the OAE zone does not contain any regulations regarding intensity of use or other standards specific to airport safety concerns that would 1 Peak Particle Velocity is the peak signal value of an oscillating vibration velocity waveform. Usually expressed in inches/second in the United States. Page 319 of 592 40 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah be applicable to the Project. According to Table 3A of the UKIALUCP, most land-use categories, including recreation facilities, parks and open land areas are considered normally compatible in the OAE compatibility zone. Based on this information, the Project would not result in a safety hazard or excessive noise for people residing or working in the Project area. Impacts would be less than significant. Mitigation Measures: None 14. Population and Housing POPULATION AND HOUSING. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Significance Criteria: The proposed Project would result in significant impacts to the local population or housing stock if it directly or indirectly induced substantial unplanned population growth or displaced a substantial number of people or housing such that the construction of replacement housing would be required. Environmental Setting: The City of Ukiah comprises of approximately 4.72 square miles within Mendocino County. Overall, the City of Ukiah’s population has increased moderately over the past nearly 30 years, with a more accelerated increase in the last four years. Projections from the California State University Chico Center for Economic Development- Mendocino County Economic/Demographic Profile show this trend continuing. As described in the City’s Housing Element (2019) of the General Plan, the City’s annual growth rate between 1990 and 2018 averaged approximately 0.3%. Between 2000 and 2010, the City added 545 residents, or 3.7%, to its population. According to the California Department of Finance, the population in the County of Mendocino was 59,985 in 2018 and 16,226 in the City of Ukiah. The newly released 2020 Census data identifies the City of Ukiah population as 16,607. Discussion: (a-b) No Impact. The Project would not involve the construction of new homes or businesses, or the extension of roads that would induce population growth, nor would the Project displace any people or housing, as no residences are located on-site. No impact. Mitigation Measures: None Page 320 of 592 41 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 15. Public Services PUBLIC SERVICES. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Significance Criteria: The Project would result in a significant impact to public services if it resulted in a requirement for increased or expanded public service facilities or staffing, including fire or police protection, schools and parks. Environmental Setting: Police protection services for the entire City limits is provided by the Ukiah Police Department, while the Mendocino County Sherriff’s Department provides police services for areas outside of the City limits. Fire protection services in the City are provided by the Ukiah Valley Fire Authority. Educational facilities in the City are provided by the Ukiah Unified School District (UUSD) and County Office of Education. Additionally, there are several private and charter schools serving residents within the City of Ukiah. As mentioned below in Section 16, Recreation, of this Initial Study, there are 13 City parks, a municipal golf course, and a skate park managed by the City of Ukiah, as well as other recreational facilities in the area. Discussion: (a) Less than significant impact. Like the existing City View Trail the proposed Upper City View Trail would connect to, the City of Ukiah Police Department and Ukiah Valley Fire Authority will be responsible for emergency response in the Project area. The Project will not have a substantial effect on their ability to serve the area, nor would it result in the need for additional resources. The Project would not affect the number of students served by local schools, nor would it increase the number of new residents to the area, which could require the construction of expanded school facilities. Trail users would utilize the existing parking lot, restroom and water fountain facilities within Low Gap Park, and will therefore not require additional public utilities. The trail will be predominantly maintained by UVTG volunteers in order to minimize or avoid the use of City park staff. Page 321 of 592 42 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah As such, the Project would not result in result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. Impacts would be less than significant. Mitigation Measures: None 6. Recreation RECREATION. Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Significance Criteria: Impacts to recreation would be significant if the Project resulted in increased use of existing parks or recreational facilities to the extent that substantial deterioration was accelerated or if the Project involved the development or expansion of recreational facilities that would have an adverse effect on the physical environment. Environmental Setting: The City of Ukiah manages several recreation facilities, including more than 13 City parks. In addition, there are approximately 30 miles of trails located throughout the Ukiah Valley, under County and federal jurisdiction. The eastern portion of the parcel contains a portion of the Ukiah Municipal Golf Course. The western portion of the parcel is developed with a portion of the City View Trail that begins in Low Gap Park just north of the site; the proposed trail would connect to this trail. Discussion: (a-b) Less than significant impact. The proposed trail would add approximately one- mile of trail to connect to the existing trail network in Low Gap Park. Users of the trail are likely to be current users of other trails in the area, as the trail will only be accessed from the existing City View Trail. A week-long trail user count of the existing City View Trail showed an average of 50 people a day hiking the trail. UVTG reports that the existing trails are tolerating current use patterns and have not required maintenance due to over use or physical deterioration. Although the proposed trail loop could result in an increase in trail users, it is not anticipated to draw a significant number of new users, as it is likely that the trail would be used by visitors already hiking on existing trails or using other recreation facilities within the park. As such, the Project would not result in substantial physical deterioration of Low Gap Park or its facilities. Impacts would be less than significant. Mitigation Measures: None Page 322 of 592 43 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 17. Transportation TRANSPORTATION. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b), Criteria for Analyzing Traffic Impacts? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Significance Criteria: Impacts to transportation and traffic would be significant if the Project conflicted with a local plan, ordinance or policy addressing transit, roadway, bicycle and pedestrian facilities; conflicted with CEQA Guidelines Sec. 15064.3(b), which contains criteria for analyzing transportation impacts; substantially increased hazards due to geometric design features; or resulted in inadequate emergency access. Traditionally, transportation impacts had been evaluated by using Level of Service (LOS) analysis to measure the level of congestion on local roadways. However, on September 27, 2013, Governor Jerry Brown signed Senate Bill (SB) 743 into law, initiating an update to the CEQA Guidelines to change how lead agencies evaluate transportation impacts under CEQA, with the goal to better measure the actual transportation-related environmental impacts of a given project. Starting July 1, 2020, lead agencies are required to analyze the transportation impacts of new projects using vehicle miles traveled (VMT), instead of LOS. VMT measures the amount of additional miles produced by the project. If the project increases car travel onto the roads excessively, the project may cause a significant transportation impact. In 2018, the Office of Planning and Research (OPR) published a Technical Advisory on Evaluating Transportation Impacts in CEQA (2018) which is intended to provide advice and recommendations for evaluating VMT, which agencies and other entities may use at their discretion. As discussed further below, the Technical Advisory offers that screening thresholds may be used to identify when land use projects, such as small scale residential projects, should be expected to cause a less-than-significant impact without conducting a detailed traffic study. On behalf of the Mendocino Council of Governments (MCOG), Fehr & Peers, prepared a Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study (Baseline Study; May, 2020) to provide an overview of SB 743, summarize VMT data available for Mendocino County, discuss alternatives for and recommend VMT measurement methods and thresholds f or lead agencies in Mendocino County, Page 323 of 592 44 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah and recommend transportation demand management (TDM) strategies for reducing VMT on projects in Mendocino County. The following local plans have historically address transportation within the City of Ukiah: 2017 Ukiah Bicycle and Pedestrian Master Plan, City of Ukiah Safe Routes to School Plan (2014), Mendocino County Rail Trail Plan (2012), Ukiah Downtown Streetscape Improvement Plan (2009), and the City of Ukiah General Plan (Circulation and Transportation Element amended in 2004). MCOG’s Regional Transportation Plan (2017) and Section 5, Circulation and Transportation, of the Ukiah Valley Area Plan (2011) addresses transportation within the larger Ukiah Valley. The Baseline Study incorporated applicable goals and policies from each of these documents into the methodology and analysis when formulating its screening tools. A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a lead agency may analyze the project’s vehicle miles traveled qualitatively. Environmental Setting: The City of Ukiah generally lies west of U.S. 101 between the U.S. 101/North State Street interchange, and the U.S. 101 / South State Street interchange. Three major interchanges along U.S. 101, Talmage Road, Gobbi Street, and Perkins Street (from south to north), provide access to southern and central Ukiah. The City of Ukiah is developed in a typical grid pattern with streets generally oriented north to south and east to west. Bicycle lanes are located throughout the City and public transit is provided by the Mendocino Transit Authority (MTA). The Project site is currently accessed via the Low Gap Park parking lot on Low Gap Road, a City- maintained two-lane road that is developed with pedestrian sidewalks and bike lanes. The Nearest MTA bus stop is located at the Ukiah High School, located across the street from Low Gap Park. Discussion: (a-b) Less than significant impact. As noted in OPR’s Technical Advisory on Evaluating Transportation Impacts in CEQA, the addition of Class I bike paths, trails, multi-use paths, or other off-road facilities that serve nonmotorized travel is listed as a project that would not likely lead to a substantial or measurable increase in VMT. In addition, according to the Baseline Study, analysis of smaller, less complex projects can be simplified by using screening criteria. If a project meets any of the criteria outlined in Section 3.3 of the Baseline Study, it may be presumed to cause a less-than- significant VMT impact without further study. Because the Project is a small, simple, low VMT - generating project that involves construction of a trail loop that would connect to an existing trail system and meets the following criteria, impacts would be less than significant: The project generates less than 640 VMT per day and is consistent with the jurisdiction’s general plan and the Regional Transportation Plan. As such, the Project would not conflict with CEQA Guidelines § 15064.3, nor would it conflict with a regional plan or policy related to traffic; impacts would be less than significant. (c-d) Less than significant impact. The proposed trail would be accessed by the existing parking lot and Low Gap Road. Additional street parking is also available. Emergency access is currently provided through existing facilities and the Project does not propose any modifications to those facilities. As such, impacts would be less than significant. Mitigation Measures: None Page 324 of 592 45 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 18. Tribal Cultural Resources TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Significance Criteria: An impact to tribal cultural resources would be significant if the Project were to substantially reduce the significance of a tribal cultural resource, a listed or eligible historic resource, or a resource considered significant by a California Native American tribe. Tribal cultural resources include “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe” that are eligible for inclusion in the California Register of Historical Resources (California Register) or included in a local register of historical resources. Lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the Proposed Project.” The consultation process must be completed before a CEQA document can be certified. Environmental Setting: As discussed in Section 5, Cultural Resources, areas that are most typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches above watercourses because Native Americans and settlers favored easy access to potable water. Tribes known to be present within the Ukiah area include (but are not limited to) the following: • Coyote Valley Band of Pomo Indians • Guidiville Indian Rancheria of Pomo Indians • Hopland Band of Pomo Indians • Pinoleville Pomo Nation • Potter Valley Rancheria • Redwood Valley Little River Band of Pomo Indians • Scotts Valley Band of Pomo Indians • Yokayo Tribe, not federally recognized Discussion: (a-b) Less than significant impact. As described in Section 5, Cultural Resources, of this Initial Study, no cultural resources were identified within the Project area as a result of the records search, literature review, or archaeological field survey. In addition, due to its topography, the site is considered to have a “low potential” for cultural, archeological, and historic resources. Because the Page 325 of 592 46 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Project has been designed with minimal ground disturbance and the site does not have a high potential for resources to occur, less than significant impacts would occur as a result of the Project. Regardless, construction of the Project will be required to adhere to CEQA Guidelines Section 15064.5 (e-f) which specifically addresses what to do in the event that human remains or archeological resources are accidentally discovered. As noted above, in accordance with AB 52, a notification proving the opportunity for consultation was sent to the Guidiville Rancheria of California but no response requesting formal consultation was received. Based on the aforementioned, impacts to tribal cultural resources would be less than significant. Mitigation Measures: None 19. Utilities and Service Systems UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Significance Criteria: Impacts to utility and service systems would be significant if the Project resulted in the construction or expansion of utilities that could cause significant environmental effects; have insufficient water supplies available to the Project during normal to extremely dry years; resulted in inadequate capacity of the wastewater treatment plant; generated solid waste exceeding the capacity Page 326 of 592 47 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah of local infrastructure or impairing the achievement of solid waste reduction goals; or failed to comply with any management and reduction statutes or regulations related to solid waste. Environmental Setting: The majority of City properties are served by City water, sewer, electricity and trash collection as summarized below. Electric. The City of Ukiah’s Electric Utility Department provides electric services to properties within the City limits, while Pacific Gas & Electric (PG&E) provides services to properties outside of the City. Water. There are five major providers of community water services in the Ukiah Valley. The City of Ukiah serves customers within the City, while Rogina Water Company and Millview, Calpella, and Willow County Water Districts serve the unincorporated areas. The City of Ukiah 2020 Urban Water Management Plan (UWMP) was adopted by City Council on June 2, 2021. The UWMP considers several growth scenarios including an additional 2,500 and 5,000 hookup scenarios and determined that there is capacity through the 2045 planning horizon to serve these growth projections. Sewer and Wastewater. The Ukiah Valley Sanitation District (UVSD) and the City of Ukiah provide public sewer services to customers within their boundaries under the purview of the State Water Quality Control Board. The City’s sewage treatment plant and Waste Water Treatment Plant (WWTP), operational since 1958, serves the City of Ukiah and the Ukiah Valley Sanitation District. Solid Waste. The Ukiah landfill, outside City limits on Vichy Springs Road, stopped receiving municipal solid waste in 2001 and the City is working on capping the landfill. No new waste generated will be processed through the landfill. Solid waste generated in the Ukiah Valley is exported for disposal to the Potrero Hills Landfill in Solano County. The Valley’s solid waste disposal system consists of a large volume transfer station, Ukiah Transfer Station, which receives waste for export. Discussion: (a-e) No Impact. Users of the proposed trail would utilize existing infrastructure, including access roads, parking lots, water fountains and restrooms; no additional utilities are needed for the proposed trail. Any waste produced from construction activities would be disposed of at the Ukiah Transfer Station in accordance with all applicable local, state and federal regulations. No impact to utilities and service systems would occur. Mitigation Measures: None Page 327 of 592 48 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 20. Wildfire WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Significance Criteria: Impacts to wildfire would be significant if the Project were located in or near a State Responsibility Area (SRA) or lands classified as very high fire hazard severity zones and substantially impaired an emergency response plan; exposed Project occupants to wildfire pollutants or uncontrolled spread of wildfire due to site conditions such as slope and prevailing winds; require the installation or maintenance of infrastructure that could exacerbate fire risk; or expose people or structures to significant risks as a result of post-fire runoff, slope instability or drainage changes. Environmental Setting: All lands within the City of Ukiah are within the jurisdiction of the Ukiah Valley Fire Authority. None of the lands within the City of Ukiah are located within a California Department of Forestry (CalFire) State Responsibility Area (SRA). However, some parcels within the western boundary of the City limits, including the Project site, are designated as “Very High” fire severity within the Local Responsibility Area (LRA). As discussed in Section 9, Hazards and Hazardous Materials, the County’s EOP plan and MJHMP address emergency operations, natural disasters (including wildfire), as well as mitigation strategies to reduce potential risks. The City of Ukiah adopted its “jurisdictional annex” chapter of the MJHMP on November 18, 2020. Hazards identified for the City of Ukiah include earthquakes, wildfire, dam failure, flood and pandemic. Table 1-13 of the City’s jurisdictional annex lists each hazard and mitigation action for City of Ukiah. Discussion: (a) Less than significant impact. The proposed trail would be accessed via an existing parking lot and access roads. There are no components of the Project that would conflict with, or impair the adopted MJHMP, EOP, or other adopted emergency response plan or emergency evaluation plan. Impacts would be less than significant. Page 328 of 592 49 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Discussion: (b & d) Less than significant with mitigation incorporated. As described in Section 9, Hazards and Hazardous Materials, the Project site is located within a designated as having “Very High” fire severity risk within a Local Responsibility Area. However, the development and use of the proposed trail would not substantially increase the risk of wildfire in the area. Temporary construction activities involving the use of gasoline-powered tools and equipment could introduce new temporary sources of ignition that could increase fire risk. However, with implementation of Mitigation Measure HAZ-1, impacts would be reduced to less than significant. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. See Section 20, Wildfire, for more information. Impacts would be less than significant with mitigation incorporated. (C) Less than significant impact. The Project would not require the installation or maintenance of infrastructure such as roads, fuel breaks, emergency water sources, power lines or other utilities that would exacerbate fire risk. Impacts would be less than significant. Mitigation Measures: Implementation of HAZ-1 21. Mandatory Findings of Significance MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: (a) Less than significant impact with mitigation incorporated. As described throughout the Initial Study, temporary ground disturbing activities associated with vegetation removal and trail construction could result in direct significant impacts to Air Quality, Biological Resources, Page 329 of 592 50 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah Hazards and Hazardous Materials, Hydrology and Water Quality, and Wildfire. However, mitigation measures identified within the aforementioned sections would reduce impacts to less than significant with mitigation incorporated. (b) Less than significant impact with mitigation incorporated. Cumulative impacts are generally considered in analyses of Air Quality, Biological Resources, Cultural Resources, Noise, and Traffic. As discussed throughout the Initial Study, the Proposed Project would have less than significant impacts on these resources with implementation of mitigation measures described herein. Short-term construction impacts associated with the Project would not significantly contribute to cumulative impacts in the area as there are no known past projects nor current projects within the vicinity of the site. Based on the findings and conclusions contained in the Initial Study, cumulative impacts related to the Proposed Project would be less than significant with mitigation incorporated. (c) Less than significant impact with mitigation incorporated. Based on the findings and conclusions contained in the Initial Study, the Proposed Project would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Impacts would be less than significant with mitigation incorporated. Page 330 of 592 51 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah VI. REFERENCES 1. Alta Archeological Consulting (Alta). Archeological Survey Report (ASR). City of Ukiah Western Hills Annex Ukiah, Mendocino County, California, APNs 001-040-83, 157-070- 01, 157-070-02, 003-190-01, 157-050-09. March, 2021. 2. CalFire State Responsibility Area Viewer http://www.fire.ca.gov/firepreventionfee/sraviewer_launch 3. CalFire, California Fire Hazard Severity Zone Map Web Viewer. http://egis.fire.ca.gov/FHSZ/ 4. California Air Resources Board (CARB). California Releases Report Charting Path to 100 Percent Clean Electricity. https://ww2.arb.ca.gov/news/california-releases-report- charting-path-100-percent-clean-electricity 5. California Department of Conservation. California Geological Survey. Earthquake Fault Map, Ukiah. Zones of Required Investigation. http://gmw.conservation.ca.gov/SHP/EZRIM/Maps/UKIAH.PDF . 6. California Department of Conservation. California Geological Survey. U.S. Landslide Inventory Web Application. https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=ae120962f459434b8c9 04b456c82669d 7. California Department of Conservation. Farmland Mapping & Monitoring Program, California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/ 8. California Department of Finance. American Community Survey. http://www.dof.ca.gov/Reports/Demographic_Reports/American_Community_Survey 9. California Department of Fish and Wildlife. Bios Vegetation Mapping. https://apps.wildlife.ca.gov/bios/ 10. California Department of Toxic Substance Control. EnviroStor database https://www.envirostor.dtsc.ca.gov/ 11. California Department of Transportation California State Scenic Highway System map. https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000d fcc19983 12. California Governor’s Office of Planning and Research. Discussion Draft Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA, May 2015. 13. City of Ukiah General Plan. Last amended 2019. http://www.cityofukiah.com/documents- and-maps/ 14. City of Ukiah Bicycle and Pedestrian Master Plan. Prepared by Alta Planning + Design, W-Trans and Walk Bike Mendocino. August 2015. Page 331 of 592 52 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 15. City of Ukiah Code. Last amended 2021. https://www.codepublishing.com/CA/Ukiah 16. City of Ukiah. Housing Element Update 2019-2027. Adopted October 23, 2019 and Certified by HCD December 5, 2019.http://www.cityofukiah.com/projects/housing- element-update/ 17. Federal Highway Administration. 2006. Roadway Construction Noise Model (FHWA- HEP-05-054). https://www.gsweventcenter.com/Draft_SEIR_References/2006_01_Roadway_Construc tion_Noise_Model_User_Guide_FHWA.pdf 18. Federal Transit Administration (FTA), 2018. Transit Noise and Vibration Impact Assessment Manual, September 2018. Available: https://www.transit.dot.gov/regulations-and-guidance/environmental-programs/noise- and-vibration 19. Fehr & Peers, on behalf of the Mendocino Council of Governments (MCOG), Senate Bill 743 Vehicle Miles Traveled Regional Baseline Study. May 20, 2020. https://www.mendocinocog.org/vehicle-miles-traveled-vmt-regional-baseline-study- completed 20. Jacobszoon and Associates, Inc. Biological Assessment for Upper City View Trail Project. December 3, 2021. 21. Landslide Inventory (Beta). California Department of Conservation. California Geological Survey. https://maps.conservation.ca.gov/cgs/lsi/ 22. Mendocino Council of Governments (MCOG). 2017 Mendocino County Regional Transportation Plan. Prepared by Davey Bates Consulting. Adopted February 5, 2018. https://www.mendocinocog.org/files/742330750/2017+RTP+As+Adopted%28web+forma t%29.pdf 23. Mendocino County Air Quality Management District of the California North Coast Air Basin. Particulate Matter Attainment Plan. January 2005. https://www.co.mendocino.ca.us/aqmd/pm-attainment.html 24. Mendocino County Air Quality Management District website. http://www.co.mendocino.ca.us/aqmd/diesel-engine-information.html. 25. Mendocino County Airport Land Use Commission. Ukiah Municipal Land Use Compatibility Plan. Adopted by the Mendocino County Airport Land Use Commission on May 20, 2021 and adopted by the Ukiah City Council on June 16, 2021. http://www.cityofukiah.com/NewWeb/wp-content/uploads/2021/06/Ukiah-Municipal- Airport-Land-Use-Compatibility-Plan-2021.pdf 26. Mendocino County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). Adopted December, 2020. Vol 2, Chapter 1, City of Ukiah Jurisdictional Annex, adopted by the City of Ukiah November 18, 2020. 27. Mendocino County Office of Education. Schools & Districts. https://www.mcoe.us/schools-districts/ 28. Mendocino County Public GIS Portal https://gis.mendocinocounty.org/portal/home/ 29. State Water Resources Control Board. GeoTracker. https://geotracker.waterboards.ca.gov. Page 332 of 592 53 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah 30.Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts In CEQA. December 2018. https://www.opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf 31.U.S. Department of Agriculture - Soil Conservation Service. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm 32.U.S. Department of Fish and Wildlife. Environmental Conservation Online System. https://ecos.fws.gov/ecp0/reports/species-listed-by-state-report?state=CA&status=listed 33.U.S. Geological Survey (USGS). Interactive Fault Map. https://www.usgs.gov/natural- hazards/earthquake-hazards/faults?qt-science_support_page_related_con=4#qt- science_support_page_related_con 34.U.S. Fish and Wildlife Service. Wetland Habitat Mapper. https://www.fws.gov/wetlands/data/mapper.html 35.Ukiah Valley Area Plan, adopted August 2, 2011. https://www.mendocinocounty.org/government/planning-building-services/plans/ukiah- valley-area-plan 36.Ukiah Valley Trail Group, in coordination with Sanhedrin Chapter of the Native Plant Society. Botanical Survey for Upper City View Trail Project. Winter, 2020. 37.Ukiah Valley Trail Group. Low Gap Park Trail Plan. 2015. Page 333 of 592 54 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah VII. MITIGATION MONITORING AND REPORTING PROGRAM Potential Impact Mitigation Measure Implementation Responsibility Monitoring & Reporting Responsibility Timing Date Implemented Air Quality Construction and ground disturbing activities could result in short-term impacts to air quality. AQ-1: Vegetation Removal. Vegetation removal methods shall include grinding or chipping larger materials on-site, and/or disposal at the Transfer Station; burning of vegetation shall not be allowed without obtaining the appropriate burn permits. City or contractor City or contractor Throughout construction AQ-2: Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles: Off-road equipment with auxiliary diesel engines rated at 50 brake horsepower or greater, must have either a valid Air Quality permit, or a state Portable Equipment Registration Program (PERP) Registration. City or contractor City or contractor Throughout construction Biological Resources Construction and ground disturbing activities could result in impacts to sensitive species BIO-1: Sensitive Amphibian Species. One (1) special-status amphibian has a moderate or high potential to occur within the Study Area; red-bellied newt (Taricha rivularis). A qualified biologist shall survey the area prior to any groundbreaking or dewatering activities to determine the presence of Red-belly newt, or other sensitive amphibian species, and identify Qualified Biologist City or contractor Prior to any groundbreaking or dewatering activities Page 334 of 592 55 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah additional avoidance measures, if needed. BIO-2: Special-Status Mammals. Five (5) special-status mammal species have moderate or high potential to occur within the Study Area. These species include the Sonoma tree vole (Arborimus pomo), North American porcupine (Erethizon dorsatum), western red bat (Lasiurus blossevillii), hoary bat (Lasiurus cinereus), and fisher [West Coast DPS] (Pekania pennanti). Pre-construction surveys shall be conducted by a qualified Biologist prior to any vegetation removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor, grease stained cavities) around trees or structures, pre- construction bat surveys shall be conducted by a qualified biologist for activities that may affect bat roosting habitat and den sites. Qualified Biologist City or contractor Prior to any vegetation removal or ground disturbing activities BIO-3: Special-Status Insects. One (1) special-status insect species has moderate or high potential to occur within the Study Area; western bumble bee (Bombus occidentalis). A qualified Biologist shall survey the area prior to any groundbreaking activities to determine the presence of special-status insect species and identify additional avoidance measures if needed. If a special-status insect nests are observed, active nests shall not be removed, relocated, or otherwise disturbed until the nest becomes inactive. Qualified Biologist City or contractor Prior to any vegetation removal or ground disturbing activities Page 335 of 592 56 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah BIO-4: Nesting Birds. Four (4) special- status avian species have moderate or high potential to occur within the Study Area. These species include northern goshawk (Accipiter gentilis), golden eagle (Aquila chrysaetos), osprey (Pandion haliaetus), and northern spotted owl (Strix occidentalis caurina). Pre-construction surveys shall be conducted by a qualified Biologist prior to any vegetation removal or ground disturbing activities occurring between March 1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for any purpose until all fledglings have left the nest. Qualified Biologist City or contractor Prior to any vegetation removal or ground disturbing activities occurring between March 1 and August 31 BIO-5: Special Status Plants. One (1) special status plant, Redwood lily (Lilium rubescens), was observed within the proposed trail alignment and the secondary additional alignment. U.S. Fish and Wildlife (USFWS) protocol-level sensitive plant species surveys for Redwood lily (within the blooming period (generally March-August) shall be conducted by a qualified Biologist prior to any ground disturbing activities to verify the presence of special status plants. Plant locations will be flagged and a 25- foot, 50-foot or 100-foot no disturbance zone shall be established to avoid the species. Data shall be submitted to the CNDDB database and additional mitigation will be identified if needed, in coordination with California Department of Fish and Wildlife (CDFW) and USFWS. Qualified Biologist City or contractor Prior to any ground disturbing activities between March and August Page 336 of 592 57 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah BIO-6: Oregon White Oak Forest. Any removal of the Oregon white oak (Quercus garryana) shall be done via consultation with the California Department of Fish and Wildlife (CDFW); all work within this community shall adhere to CDFW recommendations. In addition, nesting bird surveys shall be conducted prior to commencing any activities that require vegetation removal between March 1st and August 31st of any year (refer to Mitigation Measure BIO-4). Lastly, although not required, other management considerations for the preservation of this community include thinning or removal of conifer species within the stand in accordance with local laws, regulations, and ordinances. Such thinning could limit the possibility of vegetation type conversion to closed- canopy woodlands and conifer forest and inhibit the development of fuel ladders that increase the potential for stand- replacing fires. Qualified Biologist; CDFW City or contractor Prior to vegetation removal between March 1st and August 31st of any year, and prior to removal of any Oregon white oak any time of the year Construction and ground disturbing activities could result in impacts to watercourses BIO-7: Watercourses. The Project shall adhere to UVTG Design and Maintenance Standards for trail construction related to erosion, and all earthwork within or adjacent to (50 feet) any watercourse or other body of water shall adhere to standard methods of erosion and sediment control (placement of straw, mulch, seeding, straw wattles, silt fencing, etc.) and, if possible, work shall be completed while the channel is dry to reduce sediment load downstream. The UVTG shall assess the entire trail City or contractor; CDFW if stream crossing and regulatory permits are required City or contractor During construction, and within the first three years after construction (for assessment of potential crossing) Page 337 of 592 58 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah length each winter for the first three years after project completion. Any areas that are damp enough to show foot created depressions after the trail is dried will be assessed and either crossed with a footbridge such as a wooden walkway known as a “puncheon”, or be hardened, or diverted with a culvert if a bridge is deemed impractical. If any structures are proposed for placement within the bed or bank in order for the trail crossing, consultation with California Department of Fish and Wildlife, the North Coast Regional Water Quality Control Board and U.S. Army Corps of Engineers shall be required and all necessary permits shall be obtained. Hazards and Hazardous Materials Construction may involve the use of gasoline-powered tools and equipment potentially introducing new temporary sources of ignition that could increase fire risk. HAZ-1: Should portable gasoline- powered equipment be used on site, the following firesafe precautions shall be taken: g. Spark arresters are required on all portable gasoline-powered equipment. h. Equipment shall be maintained in good working condition, with exhaust systems and spark arresters in proper working order and free of carbon buildup. i. Fuel the equipment in a safe place where spills can be contained and a fire extinguisher is nearby. Use the recommended gas/oil mixture and do not top off. Use a funnel or spout for pouring. Wipe off any spills. City or contractor City or contractor Throughout construction Page 338 of 592 59 Upper City View Trail Project Draft Initial Study and Mitigated Negative Declaration City of Ukiah j. Do not refuel running or hot equipment. Dispense fuel at least 10 feet from sources of ignition. k. Do not use equipment in areas of dry vegetation. Keep leaves and dry materials away from a hot muffler. l. No smoking or open flame allowed near gasoline-powered equipment. Hydrology and Water Quality Construction of the Project could result in erosion and water quality impacts Implementation of BIO-7 City or contractor; CDFW if stream crossing and regulatory permits are required City or contractor During construction, and within the first three years after construction (for assessment of potential crossing) Wildfire Construction may involve the use of gasoline-powered tools and equipment potentially introducing new temporary sources of ignition that could increase fire risk. Implementation of HAZ-1 City or contractor City or contractor Throughout construction Page 339 of 592 ATTACHMENT A Page 340 of 592 Page 341 of 592 Page 342 of 592 Page 343 of 592 Page 344 of 592 Ukiah Valley Trail Group Philosophy and Design and Maintenance Standards Trail Philosophy: Central to the Ukiah Valley Trail Group’s approach to trails is the recognition that our world is one of finite resources and, since demand for these resources is increasing steadily; insightful management is of utmost concern. The Inland Mendocino County Trail system must be designed to utilize resources in ways that benefit all non-motorized users. This entails providing adequate accommodation and accessibility, rather than focusing on individual user groups. The increased sharing of resources sometimes creates friction between the diverse user groups vying for more trail space. This Trail Plan acknowledges that a certain amount of friction is inevitable and therefore focuses on planned communication to minimize the differences and optimize the benefits derived from these precious resources. Plans for optimal use of trail resources must be in concert with the objective of natural and cultural resource protection. Any decisions on resource use affect not only local residents and visitors, but our natural and cultural habitat as well. If we make responsible decisions concerning preservation of our resources, we will succeed in our custodial duties to the environment while at the same time providing enjoyment for current and future generations. Through well designed, constructed and maintained trails we will accomplish optimal public access while accommodating resource conservation. Providing the public with increased access to trail and greenways is not enough; we must also strive to promote the abundant benefits that derive from them. Trail benefits include recreation, transportation, energy conservation, environment and habitat protection, fire suppression, improved physical and mental health, and local economic benefits. Informing the public of the significant benefits expands public awareness of the advantages that trails and greenways offer to the individual and the community. Gaining public support thereby encourages policy makers to support trails and greenways and to increase funding to better manage the trail system. Improving relationships and interaction between government entities and the private sector will be necessary for the effective development of a well planned and managed trail and green-way system. Open communication between all levels of government and interested parties enhances the finding of common objectives by making individuals and groups part of the solution. Linking communities and trail advocates in trail planning minimizes land use conflicts and allows for optimal resource use. Joint planning emphasizes the development of interconnected trails in natural settings and a united effort creates a stronger voice for advancing trail proposals. Goals: The goals for the Lake Mendocino Trail Plan should include 1) generalized goals for the development of a quality local trail system, 2) specific goals for the Lake Mendocino trail system, 3) goals for how the Lake Mendocino trail system will link, and be a part of, the greater Ukiah Valley Trail System and 4) goals for using trail ATTACHMENT B Page 345 of 592 improvements and quiet-use recreation ethics as a tool for ecosystem restoration and preservation. The general goals that define a quality trail system include: 1-Adequate mileage - Moderate strong bike or horse riders ride 15-20 miles in a day - Endurance riders will ride 100 miles in a day - There are approximately 24 miles of trail in the Ukiah Valley Lake Mendocino currently has approximately 16 miles of trail and is near to maximum capacity. Small increases are necessary but can be mitigated with road closures and road to trail conversions. Employing a “stacked loop” design can maximize the trail experience within the capacity. 2- Connectivity - A single recreation area is unlikely to meet all the community’s needs. - Trails that connect the various areas are therefore necessary. - Connectivity allows trails to fulfill a transportation role. - Lake Mendocino Trails do not currently connect with any other trail systems. - Priority should be given to approving trails that link Lake Mendocino to outlying areas. 3- Variety of environments - An example of each of the area's micro-ecosystems should be included, such as Riparian, oak woodland, mixed hardwoods etc. - Trails should include sunny areas, which will be more desirable in the winter, and shady areas for summer use. 4- Variety of trail experiences - Different trail users appreciate different trail characteristics. - Equestrians generally prefer wider trails. - Mountain bikers generally prefer lots of rolling ups and downs with lots of turns. - Runners tend to prefer gentle grades. - Advanced users desire more “technical” or challenging trail - narrower with a rougher, more uneven tread. A quality trail system will provide a variety of trail experiences. A small trail system should focus first on trails that meet the needs of the majority of users. 5- Easy Access/Options - Users need to be able to get from home to trail quickly and start their experience. - The first trail from the trailhead should be an easy trail, wide and smooth - suitable for all users. - As users delve further into the system, the trails should increase in difficulty. - “Stacked loops” of trails allow users to return by a different route while providing Page 346 of 592 a variety of options. 6- Signage / Mapping - All trails should be named and signed. - All trailheads should have an information kiosk. - Maps should be readily available for all trails. 7- Sustainability & Maintenance - Trails need to be well maintained. - Trails designed to sustainable standards require much less maintenance. UVTG Design and Maintenance Standards Definitions Reroute – a trail maintenance project that starts and ends on a single existing trail and abandons the trail between those points will be termed a reroute. Trail - A trail is specifically designed, designated, developed, and maintained as a recreational corridor for the exclusive use of non-motorized vehicles. It is typically not more than 4 feet wide, unpaved and generally requires users to travel single file. Use Trail - A Use Trail is a trail that has been created without a planning process and or approval by the repeated historic exploration of users. Multi-Use Trail - A multi use trail is a trail that is open to non-motorized users including hikers, runners, equestrians, and bicyclists. All trails in the Lake Mendocino property will be multi use unless compelling reasons are presented to necessitate partial closure. (Such as the Shakota trail which is currently closed to equestrians.) Road - Any transportation corridor designed for motor vehicle use and open to motor vehicle use. Although roads may be necessary for maintenance, further road building should be avoided and road closures should be pursued where possible. A road may be used for recreation but is not a trail. Fire Break -Although trails act as small firebreaks and have been known to stop fires and can be used as locations to start backfires, a firebreak is not a trail. Trail Maintenance and Repair 2 - Maintenance and repair of existing trail is performed to return the trail or trail segment to the standards or conditions to which it was originally designed and built, or to improve it to comply with more current design standards to achieve sustainability. The act of maintenance and repair includes but is not limited to: - Removal of debris and vegetation from the trail corridor, clearing encroaching brush and grasses, removing rock slides, etc.- Maintenance of trail tread such as Page 347 of 592 filling ruts and entrenchments; reshaping trail bed, repairing trail surface and washouts; installing rip rap; constructing retaining wall or cribbing - Erosion control and drainage, replacing or installing necessary drainage structures, water bars, culverts; realigning sections of trail to deter erosion or avoid boggy/marshy areas. - Repair or replacement of existing trail structures. - Upgrades and short reroutes to improve sustainability and decrease maintenance needs. Trail tread and slope characteristics 1. Trail Width: Trail beds shall be built and maintained with a goal of being three feet wide. Topographical, vegetation, or resource constraints may require sections that are less than three feet. Rationale: Allows users to pass by each other safely. 2. Rolling “Contour” Trails: Trails shall be built with the contour of the topography (plus or minus 10%) utilizing side-slopes and avoiding flat areas as much as feasible. Rationale: Building trail along fall lines or in flat areas creates erosion. “Contour” trails allow water to sheet off the trail and flow downhill. Keeping trails on hillsides keeps them out of flatter, wetter areas. Trails built in wet areas are not sustainable. Users tend to walk along edge of trails, creating trail widening. Wet areas are more prone to soil compaction and displacement. “Contour trails create changing view sheds that add to the enjoyment of the trail. 3. Average trail grade less than or equal to 10%: The average slope of the trail will be less than or equal to 10%, some slopes will be greater and some less. Side slope, soil type and natural obstacles will determine the grades for each individual section of trail. Sections that are over 10% should be short and followed by a relatively flat section or grade reversal. Rationale: Most soil types can withstand up to 10% grades. Minimizes user-caused erosion. Allows for possible reroutes at a steeper grade if there is a future problem such as a slide. Accommodates undulations/grade reversals. Feels comfortable to most trail users. Page 348 of 592 Grade reversals after steep sections allow the user t recover from the increased effort. 4. Sustainable trail alignment - Trail grade does not exceed “half-rule”: The grade of the trail should not be greater than half the grade of the sideslope that the trail traverses. Rationale: Prevents erosion caused by water flowing down the trail rather than flowing down the hillside. Guides individual trail planning segments to fit the topography. 5. Maximum trail grades should be less than 15%: Rationale: Although this rule might occasionally need to be broken, at least for short segments of trail, our observation is that most of the existing trails at Lake Mendocino are sustainable up to a grade of 15%. Higher grades, especially in areas exposed to weather, have suffered more erosion and damage from users. 6. Incorporation of grade reversals: Trails should incorporate frequent grade reversals every 10 to 50 feet, depending on soil type and topography. Rationale: Grade reversals provide areas for water to drain off of trails. As trails age, the shape of the trail bed tends to become concave, leading to the trapping of water. Grade reversals divide the trail into short, individual watersheds. 7. Build in outslope: Outer edges of trails shall be built and maintained so that they create an approximate 3- 5% slope from the inner edge of the trail. Rationale: Allows water to sheet off of trail, decreasing erosion. 8. Build in backslope: Depending on soil stability and composition, the area uphill of the trail shall be sloped extending upward from the trail. Rationale: Prevents a waterfall effect from water coming down the hill and dropping onto the trail tread. 9. Water Crossings: Water crossings should be avoided when possible. Trails shall be designed, built, and maintained to minimize sedimentation in streams. Bridges shall be the ideal with puncheons, culverts or “hardening” being considered should resource limitations, infrequent water flow, or low use combine to make a bridge impractical. Prioritization of water crossings should be considered with high use crossings receiving first resources. Rationale: Minimize impacts to the stream channel and environment. Page 349 of 592 Create a safe and sustainable passages for trail users. Work within limits of resource availability and predicted impacts. Pruning Pruning vegetation is an essential and regular part of trail maintenance, especially in brushy chaparral areas. Multi-use trails should have 10' vertical and 8' horizontal clearance (though there will be exceptions for the sake of protecting a tree or skirting around a large boulder). Too often, trail pruning is accomplished in the most expeditious manner possible -- a branch intrudes within the walking/riding space of the trail and is quickly lopped-off so that it doesn't intrude and the debris is indescriminantly tossed aside. However, our goal in trail maintenance is to maintain a trail in as natural appearance as possible. A quick pruning job deals only with the function of trail maintenance, not the aesthetics. There are 6 elements of acceptable pruning in the State Park System. Each of these elements makes pruning a more tedious maintenance task, but results with a trail that is compatible with the natural environment. Do not toss debris! Branches that are randomly discarded usually end up hanging in adjacent shrubs or trees. These dead branches are both unsightly and create a fire hazard. Place debris out of view. This element requires the extra effort of dragging branches under and around shrubs. Place the butt (cut) end away from the trail. This will help disguise the debris. Each cut branch should be touching the ground to promote decomposition. This means that brush piles are not appropriate. Pruning should be done sensitively so that the trail appears natural and not as if a chain saw just blasted through. Trail users should not be aware that any maintenance work has recently been done. Prune to the collar of any branch stem for the health of the shrub and a more natural looking result. At the base of any branch there is a wide section that contains a plant's natural healing agents. Any pruning performed away from this collar will expose the plant to a greater risk of infection. A cut at the collar will naturally heal. For large branches over 2" in diameter, cut from the bottom, then cut down from the top. This prevents tearing of the bark, reducing infection. 10. References: The following references will be used as resources to establish best practices and resolve questions not covered in the above. Additional references will be added upon availability. Page 350 of 592 Weber, Peter(Ed). 2007 Managing Mountain Biking: IMBA’s Guide to Providing Great Riding International Mountain Biking Association. Boulder CO ISBN978- 9755023-1-X Birkby, Robert. 2005 Lightly on the Land: The SCA Trail Building and Maintenance Manual. 2nd edition. The Mountaineers Books. Seattle WA ISBN Felton, Vernon. 2004 Trail Solutions; How to Build Sweet Single Track. Johnson Printing, boulder CO ISBN 0-9755023-0-1 Parker, Troy Scott, 2004. Natural Surface Trails by Design. NatureShape, Boulder,CO. ISBN0-9755872-0-X Steinholz, Robert & Vachowski, Brian. 2001. Wetland Trail Design and Construction. USDA Forest Service Technology and Development Program Misoula, MT 8E82A3 Birchard, William & Proudman, Robert 2000 Appalachian Trail: Design, Construction, and Maintenance. 2nd Edition Appalachian Trail Conference Harper’s Ferry WV Demrow, Carl & Salisbury, David 1998. The Complete Guide to Trail Building and Maintenance, 3rd Edition. Appalachian Mountain Club Books. Boston, MA ISBN1-878239-54-6 Page 351 of 592 Page 0 of 61 Biological Assessment Report Prepared For: Michelle Irace, Planning Manager Department of Community Development 300 Seminary Avenue, Ukiah, CA 95482 APN: 001-030-01 and 001-020-12 Prepared by Jacobszoon & Associates, Inc. Alicia Ives Ringstad Senior Wildlife Biologist alicia@jaforestry.com Date: December 3, 2021 ATTACHMENT C Page 352 of 592 Page 1 of 61 Table of Contents Section 1.0: Introduction .......................................................................................................................................... 2 Section 2.0: Regulations and Descriptions ................................................................................................................ 3 2.1 Regulatory Setting .......................................................................................................................................... 3 2.2 Natural Communities and Sensitive Natural Communities .............................................................................. 3 2.3 Special-Status Species .................................................................................................................................... 4 Section 3.0: Field Survey Methodology ................................................................................................................... 4 3.1 Assessment Methods ...................................................................................................................................... 4 3.2 Database and Resource Descriptions............................................................................................................... 4 3.3 Database Resource Assessment ...................................................................................................................... 5 3.4 Biological Communities ................................................................................................................................. 6 3.4.1 Non-sensitive Biological Communities..................................................................................................... 6 3.4.2 Sensitive Biological Communities ............................................................................................................ 7 3.5 Special-status Species ..................................................................................................................................... 8 Section 4.0: Study Area Setting ................................................................................................................................ 8 4.1 Climate and Hydrology................................................................................................................................... 8 4.2 Topography and Soils ..................................................................................................................................... 9 4.3 Biota and Land Use ........................................................................................................................................ 9 Section 5.0: Field Survey Results ............................................................................................................................. 9 5.1 Biological Communities ................................................................................................................................. 9 5.1.1 Non-sensitive Biological Communities................................................................................................... 11 5.1.2 Sensitive Biological Communities .......................................................................................................... 12 5.2 Special-status Species ................................................................................................................................... 12 Section 6.0: Assessment Summary and Recommendations ..................................................................................... 17 6.1 Natural Communities .................................................................................................................................... 17 6.2 Special-status Wildlife Species ..................................................................................................................... 18 6.3 Wildlife Corridors ........................................................................................................................................ 20 6.4 Critical Habitat ............................................................................................................................................. 20 Section 7.0: References .......................................................................................................................................... 21 Appendix A: Table of Potential for Special-Status Wildlife within the Study Area ................................................ 26 Appendix B: List of Species Observed .................................................................................................................. 51 Appendix C: Photographs ...................................................................................................................................... 53 Appendix D: Maps ................................................................................................................................................ 59 Appendix E: Supporting Documents ..................................................................................................................... 60 Appendix F: Sanhedrin Chapter of the Native Plant Society Botanical Survey Report ........................................... 61 Page 353 of 592 Page 2 of 61 Section 1.0: Introduction This biological assessment was prepared by Jacobszoon and Associates Inc. for the City of Ukiah for the proposed development of a one-mile loop of narrow-gauge natural surface trail commonly known as a “hiking trail” that would begin and end on the upper leg of the existing 2.8-mile City View Trail (Appendix D: Map 2, Study Area Map). The project site is located just west of Ukiah, CA within Section 18, Township 15N, Range 12W, Mount Diablo Base and Meridian, in the Ukiah USGS 7.5-minute quadrangle, APN: 001-030-01 (Appendix D: Map 1, Vicinity Map Area). The proposed trail will run almost entirely beneath a substantial tree canopy cover of natural woodlands consisting mainly of native tree and understory species. The proposed trail route does not cross blue line drainages or wet areas. In accordance with the Ukiah Valley Trail Group (UVTG) design and maintenance standards, the trail will be 2 to 4 feet wide, back sloped to create an angle of repose to the greatest extent possible and built with a 3 to 5 percent outslope and rolling dips to allow sheet water drainage. The proposed trail route and design was established by the UVTG and was selected to maintain consistent slope integrity and to keep disturbances to natural areas at minimal levels. Trimming of encroaching tree branches will be required along portions of the trail. Tree branch pruning, trimming, and root care activities will be limited to those branches that would represent hazards to hikers or cause extensive detours and additional grading for the trail route. Every effort to re-route the alignment of the trail to avoid the unnecessary removal of trees will be made. However, approximately six immature redwood trees (less than six inches diameter breast height (dbh)) would be removed for the alignment to maintain acceptable trail grade standards. The proposed trail was also designed with input from the Sanhedrin Chapter of the Native Plant Society, who often collaborates with the UVTG to review trail design to ensure impacts to special status plant species are reduced or avoided. An additional loop was proposed in the original design but removed from the plan in response to concerns cited by members of the botanical review team in regard to the potential impact to native plants. Botanical surveys of the proposed trail and the additional loop were conducted on March 21, April 11, April 25, June 8 and July 19, 2021 by members of the Sanhedrin Chapter of the Native Plant Society. Please see the attached report in Appendix F. The trail building operations have the potential to impact sensitive animal species; therefore, the purpose of this biological assessment was to identify and map areas within the footprint and 100 feet of the proposed trail that are potential sensitive natural communities and to locate special- status animal habitats to determine if they would be directly or potentially impacted by the proposed project. A biological assessment site visit was conducted on November 18, 2021. The Study Area referred to within this report comprises the proposed one-mile loop of hiking trail and 100 feet surrounding the proposed trail (Appendix D: Map 2, Study Area Map). This report includes the following: •Regulations and Project Description (Section 2) •Field Survey Methodology (Section 3) •Study Area Setting (Section 4) •Field Survey Results (Section 5) Page 354 of 592 Page 3 of 61 • Assessment Summary and Recommendations (Section 6) • Table of Special-Status Wildlife within CNDDB nine quads (Appendix A) • List of Species Observed (Appendix B) • Representative Photographs of Study Area (Appendix C) • Supporting Maps (Appendix D) • Supporting Documents (Appendix E) • Sanhedrin Chapter of the Native Plant Society Botanical Survey Report (Appendix F) Section 2.0: Regulations and Descriptions 2.1 Regulatory Setting In addition to the requirements of Mendocino County’s permitting process, the project shall comply with Federal, State, and local regulations designed to protect sensitive natural resources. The following natural resources are protected under one or more of several Federal and/or State regulations and should be considered when designing and/or implementing the proposed project within the Study Area: Essential Fish Habitat: protected through changes to the Magnuson-Stevens Fishery Conservation and Management Act to maintain sustainable fisheries in the United States, administered by National Marine Fisheries Service (NMFS): • Includes habitats (rivers, creeks, estuaries) that may support anadromous fish (fish migrating from ocean habitat into freshwater river habitat), as well as commercially and/or ecologically valuable fishes. Streams, Lakes, and Riparian Habitat: protected under the California Fish and Game Code (CFGC), administered by the California Department of Fish and Wildlife (CDFW): • Includes creeks and rivers (bodies where water flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life), and vegetation adjacent to and associated with (riparian habitat). Waters of the State: protected under the State Water Resources Control Board Waters of the U.S.: protected under the Clean Water Act (CWA), administered by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps): • Includes wetlands, streams, rivers, and other aquatic habitats meeting the guidance issued by the Corps. 2.2 Natural Communities and Sensitive Natural Communities Sensitive Natural Communities: protected under the California Fish and Game Code (CFGC), administered by California Department of Fish and Wildlife (CDFW 2021): • Includes terrestrial vegetation or plant communities that are ranked by NatureServe and considered “threatened” or “endangered” by CDFW, lists of such are included in List of Vegetation Alliances and Associations (CDFW 2021). Page 355 of 592 Page 4 of 61 2.3 Special-Status Species Special-status Wildlife Species including Critical Habitat: protected under one or more of the Federal Endangered Species Act (ESA), California Endangered Species Act (CESA), California Environmental Quality Act (CEQA), administered by the U.S. Fish and Wildlife Service (USFWS), and/or CDFW: • Includes wildlife listed under the ESA and/or CESA, and wildlife listed by CDFW as Species of Special Concern, Fully Protected Species, and/or Special status including Invertebrates, Birds of Conservation Concern listed by USFWS, Species of Concern listed by National Marine Fisheries Service (NMFS), Western Bat Working Group (WBWG). Section 3.0: Field Survey Methodology 3.1 Assessment Methods The biological resource assessment is designed to identify sensitive communities within the Study Area and determine the existence or potential occurrence for special-status species. The assessment is also designed to address the potential for cumulative impacts to biological resources that may occur as a result of the project and to make recommendations to reduce or mitigate potential impacts. The biological resource assessment includes the analysis and comparison of existing habitat conditions within the Study Area and the documented range and habitat requirements of sensitive wildlife species described in CDFW’s California Wildlife Habitat Relationships System (CWHR). Jacobszoon & Associates Inc. senior biologist Alicia Ives Ringstad conducted a biological resource assessment of the Study Area on November 18, 2021, consisting of approximately four (4) hours. The Study Area was assessed to document: (1) the on-site natural communities, (2) existing conditions and their ability to provide suitable habitat for any wildlife species, and (3) if sensitive natural or biological communities are present. 3.2 Database and Resource Descriptions Prior to conducting field surveys, available reference materials were reviewed, including the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Web Soil Survey, the United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI), the Ukiah 7.5'-minute USGS quadrangle topographic map, and the most recent available aerial imagery. The location of streams and watercourses within the project vicinity were reviewed using datasets from California Streams and the California Department of Forestry and Fire Protection (CAL FIRE). Existing vegetative communities were reviewed using CDFW’s Vegetation Classification and Mapping Program (VegCAMP) data for the potential existence and location of sensitive natural communities including Mendocino Cypress (Hesperocyparis pygmaea) and related vegetation. Where VegCAMP data was not available, existing vegetative communities were reviewed using USDA Forest Service Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG) data. Page 356 of 592 Page 5 of 61 Databases queried for the occurrence of special-status species include the USFWS Information for Planning and Consultation (IPaC), and the California Department of Fish and Wildlife California Natural Diversity Database (CNDDB) Spotted Owl Data Viewer, RareFind and Quick Viewer processed and unprocessed data (online edition, v5.96.99). The CNDDB consists of mapped overlays of all known populations of sensitive plants and wildlife. The database is continually updated with new sensitive species population data. For the purpose of this biological assessment, only sensitive wildlife was reviewed (Appendix D, Map 3: CNDDB Vicinity Map). The database is continually updated with new sensitive species population data. California Wildlife Habitat Relationships (CWHR) Predicted Habitat Suitability is a dataset accessed through CNDDB BIOS Commercial/Spotted Owl Viewer that represents areas of suitable habitat within species’ documented ranges. Examination of the CWHR dataset was applied when: 1) the data is available for the species of concern, and 2) when there is a moderate to high potential for an animal to occur on or within 100 feet of the Study Area. CWHR examines whether the areas being examined in the biological assessment is habitat which may support a species of special concern. Habitat suitability ranks of Low (less than 0.34), Medium (0.34-0.66) and High (greater than 0.66) suitability are based on the mean expert opinion suitability value for each habitat type for breeding, foraging, and cover (CDFW 2021). 3.3 Database Resource Assessment A scoping of the CNDDB was performed to identify existing and historical occurrences of special status wildlife species and sensitive terrestrial communities within the project vicinity. The scoping extended to nine quads surrounding and including the Ukiah 7.5-minute USGS Quadrangles and included the Boonville, Cow Mountain, Elledge Peak, Laughlin Range, Orrs Springs, Potter Valley, Purdy’s Gardens and Redwood Valley 7.5-minute USGS Quadrangles. In addition, a 0.25-mile radius scoping area was completed for the identification of northern spotted owl (Strix occidentalis caurina, NSO) Activity Centers. No spotted owl territories (Activity Centers) are located within the 0.25-mile buffer. Prior to the site visit, the databases listed above were accessed to determine whether sensitive biological communities, special-status wildlife species or other sensitive areas were documented within the vicinity of the Study Area (Appendix D: Map 3, CNDDB Vicinity Map). During the site visit, existing habitat conditions were evaluated and used to assess the potential for presence of special-status species. The potential for each special-status wildlife species to occur in the Study Area was then evaluated according to the following criteria: • No Potential: Habitat on and adjacent to the Study Area is clearly unsuitable for the species requirements (foraging, breeding, cover, substrate, elevation, hydrology, plant community, site history, disturbance regime). • Low Potential: Few of the habitat components meeting the species requirements are present, and/or the majority of habitat on and adjacent to the Study Area is unsuitable or of very poor quality. The species is not likely to be found on-site. • Moderate Potential: Some of the habitat components meeting the species requirements are present, and/or only some of the habitat on or adjacent to the Study Area is suitable. The species has a moderate probability of being found on-site. Page 357 of 592 Page 6 of 61 • High Potential: All the habitat components meeting the species requirements are present and/or most of the habitat on or adjacent to the Study Area is highly suitable. The species has a high probability of being found on-site. • Present: Species is observed on the site or has been recorded (i.e. CNDDB) on-site recently. A complete list of all special-status wildlife species and communities listed in the nine-quad scoping of the CNDDB as well as those listed in an official USFWS IPaC search of the project area is included in Appendix A: Scoping Table of Special-Status Species and Communities and Potential to occur within the Study Area, and in supporting documents within Appendix E. 3.4 Natural Communities Natural communities present within the Study Area were classified based on existing plant community descriptions described by Preliminary Descriptions of the Terrestrial Natural Communities of California (Holland 1986), USDA Forest Service Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG) system, and the Manual of California Vegetation Online Edition (MCV2 Alliances, CNPS 2021b). However, in some cases it may be necessary to identify variants of community types or to describe non-vegetated areas that are not described in the literature. Biological communities were classified as sensitive or non-sensitive as defined by CEQA and other applicable laws and regulations. The currently accepted vegetation classification system for the state that is standardly used by CDFW and other state and federal agencies, organizations, and consultants for survey and planning purposes is the Manual of California Vegetation (MCV; Sawyer, Keeler-Wolf, and Evans 2009). Unlike Holland, this vegetation classification system is based on the standard National Vegetation Classification System (NVCS) and includes alliances (a floristically defined vegetation unit identified by its dominant and/or characteristic species) and associations (the finer level of classification beneath alliance). Although the CNDDB still maintains records of some of the old Holland vegetation types, these types are no longer the accepted standard, and the CDFW Vegetation Classification and Mapping Program (VegCAMP) has published more recent vegetation lists for the state based on a standardized vegetation classification system that is currently being developed for California and which is consistent with the MCV classification system. Global and state rarity rankings have been assigned for various types on the recent VegCAMP lists. 3.4.1 Non-sensitive Natural Communities Non-sensitive natural communities are those communities that are not afforded special protection under CEQA, and other Federal, State, and local laws, regulations, and ordinances. These communities may, however, provide suitable habitat for some special-status plant or wildlife species, and are described in Section 5.1. Page 358 of 592 Page 7 of 61 3.4.2 Sensitive Natural Communities Sensitive natural communities include those that are listed in CNDDB as well as MCV2 alliances or associations with state ranks of S1-S3. Aquatic resources (e.g. watercourses, ponds, wetlands, vernal pools, etc.) are also considered sensitive natural communities and are afforded special protections under CEQA and other Federal, State, and local laws, regulations, and ordinances. Sources for assessing sensitive terrestrial or aquatic natural communities include Preliminary Descriptions of the Terrestrial Natural Communities of California (Holland 1986), List of Vegetation Alliances (CDFW, 2021), A Manual of California Vegetation (CNPS 2021b), and California Streams, USFWS National Wetlands Inventory (NWI). Sensitive Natural Communities CDFW considers any MCV2 alliance or association with a state rank of S1-S3 a sensitive natural community. Global and state rankings are defined below. Global Ranking: • G1-Critically Imperiled: At very high risk of extinction due to extreme rarity (often 5 or fewer populations), very steep declines, or other factors. • G2-Imperiled: At high risk of extinction due to very restricted range, very few populations (often 20 or fewer), steep declines, or other factors. • G3-Vulnerable: At moderate risk of extinction due to a restricted range, relatively few populations (often 80 or fewer), recent and widespread declines, or other factors. • G4-Apparently Secure: Uncommon but not rare; some cause for long-term concern due to declines or other factors. • G5-Secure: Common; widespread and abundant. State Ranking: • S1-Critically Imperiled: Critically imperiled in the state because of extreme rarity (often 5 or fewer populations) or because of factor(s) such as very steep declines making it especially vulnerable to extirpation from the state. • S2-Imperiled: Imperiled in the state because of rarity due to very restricted range, very few populations (often 20 or fewer), steep declines, or other factors making it very vulnerable to extirpation from the state. • S3-Vulnerable: Vulnerable in the state due to a restricted range, relatively few populations (often 80 or fewer), recent and widespread declines, or other factors making it vulnerable to extirpation from the state. • S4-Apparently Secure: Uncommon but not rare in the state; some cause for long-term concern due to declines or other factors. • S5-Secure: Common, widespread, and abundant in the state. Critical Habitat Critical habitat is a term defined by the ESA as a specific geographic area that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. The ESA requires federal agencies to consult with the USFWS to conserve listed species on their lands and to ensure that any activities or projects they fund, authorize, or carry out will not jeopardize the survival of a threatened or endangered species. Page 359 of 592 Page 8 of 61 Federal agencies must also ensure that their activities or projects do not adversely modify critical habitat to the point that it will no longer aid in the species’ recovery. In many cases, this level of protection is similar to that already provided to species by the ESA jeopardy standard. However, areas that are currently unoccupied by the species, but which are needed for the species’ recovery, are protected by the prohibition against adverse modification of critical habitat. Aquatic Resources Watercourses and other waterbodies were classified using guidance from the California Forest Practice Rules 2021 (FPR). Wetlands are determined using the USFWS National Wetland Inventory (NWI) database and are defined in the 1987 USACE Wetlands Delineation Manual as “Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” Wetlands generally include swamps, marshes, bogs, and similar areas. Wet areas are areas with observed hydrophytic vegetation and/or other hydrologic indicators that suggest the area is influenced by ponding or flooding for a significant amount of time throughout the growing season. Wet areas should be given the same protections as wetlands for the purposes of this assessment until a wetland delineation is conducted to confirm the presence and extent of wetlands. 3.5 Special-status Species Special-status wildlife species assessed are of limited abundance in California, with known occurrence or distribution in Mendocino County, and were derived from the following lists: • Federal listed or threatened or endangered wildlife or species of concern (FT, FE, FSC) • California State listed or rare, threatened or endangered wildlife or species of concern (SR, ST, SE, SP, SSC) • Board of Forestry Sensitive (BFS) • California Department of Fish and Wildlife (CDFW) Status animals: Fully Protected, Species of Special Concern and Watch List (FP, SSC, WL) The site assessment is intended to identify the presence or absence of suitable habitat for special- status wildlife species known to occur within the Study Area and does not assume presence of such wildlife species. If a special-status wildlife species is observed during the site visit, its presence will be recorded and discussed. All wildlife species observed were recorded and are included in Appendix B. Section 4.0: Study Area Setting 4.1 Climate and Hydrology The project site is located just west of Ukiah, CA within Section 18, Township 15N, Range 12W, Mount Diablo Base and Meridian, in the Ukiah USGS 7.5-minute quadrangle, APN: 001-030-01 (Appendix D: Map 1, Vicinity Map). The Study Area is located within the Orrs Creek – Russian River watershed (HUC-12, 180101100403). The average annual precipitation is 41 to 63 inches, the average annual air temperature is 55-60 degrees F, and the average frost-free period is 240 to 340 days. Page 360 of 592 Page 9 of 61 4.2 Topography and Soils The Study Area is located at approximately 1,000-1,400 feet in elevation and is underlain by one (1) soil mapping units, according to the United States Department of Agriculture, Natural Resources Conservation Service’s Web Soil Survey: Map Unit Symbol 151, Hopland-Wohly loams, 50 to 75 percent slopes (Appendix D: Map 4, Soil Map). A description of the soil series is as follows: Hopland-Wohly loams, 50 to 75 percent slopes (Map Unit Symbol 151): This map unit is on hills and mountains. Included in this unit are small areas of Bearwallow, Cassabonne, Hellman and Squawrock soils. The native vegetation is mainly oaks and scattered pockets of Douglas-fir. The elevation range is 500 to 2,500 feet. • Hopland soil is moderately deep, well drained soils formed in material weathered from sandstone and shale. • Wholy soil is moderately deep, well drained soils formed in material weathered from sandstone and shale. 4.3 Biota and Land Use Regionally, the Study Area has historically been used primarily for timber and firewood production, recreation, homesite development, and wildlife habitat (USDA Web Soil Survey, 2021). Section 5 provides a detailed account of the natural communities found on-site, including sensitive and non-sensitive natural communities and additionally the special-status flora and fauna with potential to occur within the Study Area. Section 5.0: Field Survey Results 5.1 Natural Communities The Study Area and immediate surroundings were assessed prior to a site a visit on November 18, 2021 to determine natural communities present and develop a comprehensive list of all wildlife species observed. Natural communities referred to in this report include Holland 1986 descriptions, USFS CALVEG classifications, and the Manual of California Vegetation (MCV2) alliance descriptions. Holland Descriptions: The Study Area is within North Coast coniferous forest and Broadleaved upland forest habitat as best classified by the habitat classification system described by Holland 1986. Descriptions of these habitat types are as follows: • Broadleaved Upland Forest: Stands of evergreen or deciduous, broadleaved trees 5 meters or more tall, forming closed canopies. Many, but not all, with very poorly developed understories. Several are seral to montane conifer forests. It includes the "mixed evergreen forest" of the Coast Ranges. • North Coast Coniferous Forest: Needle-leaved evergreen trees in usually quite dense stands that may attain impressive heights. Usually on well-drained, moist sites within the reach of summer fogs, but not experiencing much winter snow. This type occurs in the wetter parts of the North Coast Ranges. Page 361 of 592 Page 10 of 61 USFS CALVEG Classifications: According to USDA Forest Service CALVEG mapping delineation, the regionally dominant vegetation type within the Study Area is comprised of Oregon white oak and Pacific Douglas-fir, (Appendix D: Map 5, CALVEG Classification Map). Descriptions of these vegetation types are as follows: • Pacific Douglas-Fir: Douglas-fir (Pseudotsuga menziesii) is the dominant overstory conifer over a large area in the Mountains, Coast, and Ranges Sections. This alliance has been mapped at various densities in most subsections of this zone at elevations usually below 5600 feet (1708 m). Tanoak (Lithocarpus densiflorus var. densiflorus) is the most common hardwood associate on mesic sites towards the west. Along western edges of the Mountains Section, a scattered overstory of Douglas-fir often exists over a continuous Tanoak understory with occasional Madrones (Arbutus menziesii). Canyon Live Oak (Quercus chrysolepis) becomes an important hardwood associate on steeper or drier slopes and those underlain by shallow soils. Black Oak (Q. kelloggii) may often associate with this conifer but usually is not abundant. In addition, any of the following tree species may be sparsely present in Douglas-fir stands: Redwood (Sequoia sempervirens), Ponderosa Pine (Pinus ponderosa), Incense Cedar (Calocedrus decurrens), White Fir (Abies concolor), Oregon White Oak (Q. garryana) and Bigleaf Maple (Acer macrophyllum), among others. The shrub understory may also be quite diverse and includes a wide range of shrubs and forbs. • Oregon White Oak: Oregon White Oak (Quercus garryana) is widely distributed from British Columbia to this zone, with outlying scattered populations further east and south to the Sierra Nevada Mountains and southern California. The tree form (Q. g. var. garryana) becomes a local canopy dominant in woodlands of the three sections of this zone across thirty-one subsections, becoming especially prominent in seven of them. Mapped elevations of this type are usually below about 5800 feet (1768 m). Often developing on poor, exposed or droughty soils in inland valleys, foothills or rocky ridges, the Oregon White Oak type also is found in poorly drained areas having occasional standing water or next to stream terraces. On better sites, it is usually out-competed by species such as Douglas-fir (Pseudotsuga menziesii) and California Black Oak (Q. kelloggii), often becoming a minor element in mixed hardwood types. Other associated species include other conifers such as Ponderosa Pine (Pinus ponderosa), Gray Pine (P. sabiniana) and various Oaks (Quercus spp.). Open sites often have a grass understory. MCV2 Alliances: Natural communities observed were classified using data collected in the field and the Manual of California Vegetation Online Edition (MCV2 Alliances, CNPS 2021b). Two (2) MCV2 Alliance communities (Appendix D: Map 6: MCV2 Classification Map) were observed on site: • Quercus garryana Forest & Woodland Alliance: Oregon white oak forest and woodland • Pseudotsuga menziesii Forest & Woodland Alliance: Douglas-fir forest and woodland Detailed descriptions of these communities are as follows: Page 362 of 592 Page 11 of 61 Quercus garryana Forest & Woodland Alliance: Oregon white oak forest and woodland: • Characteristics Species: Quercus garryana var. garryana is dominant or co-dominant in the tree canopy with Juniperous occidentalis, Pinus jeffreyi, Pinus ponderosa, Pinus sabiniana, Pseudotsuga menziesii, Quercus chrysolepis, Quercus kelloggii and Umbellularia californica. • Vegetation Layers: Trees < 30 m; canopy is open to continuous. Shrub layer is usually open. Herbaceous layer is open to intermittent and mostly grassy. • Membership Rules: o Quercus garryana > 30% relative cover in the tree canopy; > 25% absolute cover and lacking an appreciable conifer cover. o Quercus garryana > 30% relative cover in the tree canopy often with other oaks such as Q. kelloggii. • Habitats: Raised stream benches, terraces, slopes. and ridges of all aspects. • State Rarity Rank: S3 • Global Rarity Rank: G4 Pseudotsuga menziesii Forest & Woodland Alliance; Douglas-fir forest and woodland: • Characteristic Species: Pseudotsuga menziesii is dominant or co-dominant with hardwoods in the tree canopy with Abies concolor, Acer macrophyllum, Alnus rhombifolia, Arbutus menziesii, Calocedrus decurrens, Chamaecyparis lawsoniana, Cornus nuttali, Pinus contorta, Pinus lambertianana, Quercus agrifolia., Quercus chrysolepis, Quercus garryana, Quercus kelloggii, and Sequoia sempervirens. • Vegetation Layer: Trees <75m; canopy intermittent to continuous, and it may be two- tiered. Shrubs are infrequent or common. Herbaceous layer is sparse or abundant. • Membership rules: o Pseudotsuga menziesii > 50% relative cover in the tree canopy and reproducing successfully, though hardwoods may dominate or co-dominate in the subcanopy and regeneration layer; Abies concolor, Chamaecyparis lawsoniana, Pinus contorta, P. ponderosa, and Sequoia sempervirens <20% relative cover; and Notholithocarpus densiflorus <10% relative cover in the tree canopy. • Habitats: All topographic positions and aspects. Substrates various, including serpentine. • State Rarity Rank: S4 • Global Rarity Rank: G5 5.1.1 Non-sensitive Natural Communities Non-sensitive natural communities are those communities that are not afforded special protection under CEQA, and other Federal, State, and local laws, regulations, and ordinances. The Study Area is comprised of one (1) non-sensitive natural community, as classified under the MCV2 system: Pseudotsuga menziesii Forest & Woodland Alliance: Douglas-fir forest and woodland CDFW State Rarity Rank: S4 (Apparently Secure) Page 363 of 592 Page 12 of 61 5.1.2 Sensitive Natural Communities Sensitive natural communities include those that are listed in CNDDB as well as observed MCV2 alliances or associations with state ranks of S1-S3 and are listed on CDFW’s List of California Sensitive Natural Communities (CDFW 2021). Aquatic resources (e.g. watercourses, ponds, wetlands, vernal pools, etc.) are also considered sensitive communities and may be afforded special protections under CEQA and other Federal, State, and local laws, regulations, and ordinances. Sensitive natural communities observed within the Study Area are listed and discussed below: Sensitive Natural Communities: Quercus garryana Forest & Woodland Alliance: Oregon white oak forest and woodland CDFW State Rarity Rank: S3 (Vulnerable). Recommendations to avoid or mitigate potential impacts to sensitive natural communities are discussed in Section 6.0, Assessment Summary and Recommendations. Aquatic Resources: Watercourses and waterbodies: The Study Area contains one (1) Class III watercourse that the proposed trail will be crossing. Wetlands: The Study Area is approximately 200 feet south of one (1) Class II watercourse, a tributary to Orrs Creek. This watercourse is mapped as a Riverine Wetland System according to the USFWS National Wetland Inventory (Appendix D: Map 7, NWI mapped wetlands). The wetland is classified as a Riverine System which includes all wetland and deepwater habitats contained within a channel. Riverine Systems are considered watercourses for the purposes of this assessment and are afforded special protections under CEQA, Federal, State, and local laws, regulations, and ordinances as such. Recommendations to avoid or mitigate potential impacts to aquatic resources are discussed in Section 6.0, Assessment Summary and Recommendations. 5.2 Special-status Species A total of forty-six (46) special-status wildlife species have been documented within the vicinity of the Study Area. Please refer to Appendix A for a table of all special-status wildlife species which occur within the vicinity of the Study Area and discussion of the potential for each species to occur within the Study Area. Special-status species documented within five miles of the Study Area are depicted in the CNDDB Vicinity map (Appendix D: Map 3, CNDDB Vicinity Map). Of the forty-six (46) special-status wildlife species within the vicinity of the Study Area, eleven (11) special-status wildlife species recorded have a moderate to high potential to occur within the Study Area. The remaining thirty-five (35) special-status wildlife species documented within the vicinity of the Study Area are unlikely to occur or do not have the potential to occur due to one or more of the following reasons: •Aquatic Habitats (e.g., streams, rivers, vernal pools) necessary to support special-status wildlife species are not present within the Study Area. Page 364 of 592 Page 13 of 61 • Vegetation Habitats (e.g., forested area, riparian, grassland) that provide nesting and/or foraging resources necessary to support special-status wildlife species are not present within the Study Area. • Physical Structures and Vegetation (e.g., caves, old-growth trees) that provide nesting, cover, and/or foraging habitat necessary to support special-status wildlife species are not present within the Study Area. • Host Plants (e.g., Cirsium sp.) that provide larval and nectar resources necessary to support special-status wildlife species are not present within the Study Area. • Historic and Contemporary Disturbance (e.g., cattle grazing, agriculture) deter the presence of the special-status wildlife species from occupying the Study Area. • The Study Area is outside the documented nesting range of special-status wildlife species. The eleven (11) special-status wildlife species with moderate or high potential to occur within the Study Area are described in the table below. SPECIES HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS Amphibians red-bellied newt Taricha rivularis CDFW: SSC IUCN: LC G2 S2 T. rivularis inhabits coastal forests, typically in redwood (Sequoia sempervirens) forest habitat although also found in other forest types (hardwood etc.). Adults are terrestrial and fossorial. Transformed juveniles leave aquatic environments and go into hiding in underground shelters, often until ready to reproduce. Breeding occurs in streams often with relatively strong flows. High Potential. Habitat within the Study Area is ranked Medium (0.66) to High (1.00) in suitability according to the CWHR Predicted Habitat Suitability Map. Aquatic habitat is not present within the Study Area; however, the Study Area may be used for migration and refugia. There is a known occurrence of this species approximately 600 feet south from the Study Area along Gibson Creek according to CNDDB. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 365 of 592 Page 14 of 61 SPECIES HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS Avifauna northern goshawk Accipiter gentilis BLM: S CDF: S CDFW: SSC IUCN: LC USFS: S G5 S3 A. gentilis are often found in dense, mature and old growth stands of conifer and deciduous habitats. Younger seral stands that include larger residual or defective trees are also used. Nest often on cooler (northerly or easterly) moderate slopes in dense vegetation or within riparian zones, but close to openings. Nest sites are often located next to water, which may provide a break in canopy for easy access to the nest stand or may influence microclimate or prey distribution. High Potential. Habitat within the Study Area is ranked Medium (0.44) and High (1.00) in suitability according to the CWHR Predicted Habitat Suitability Map. There are no stands of dense, mature and old growth conifer or deciduous forest within the Study Area; however, the Study Area is located within conifer and deciduous forest stands. Not Observed. This species or nests were not observed during the biological assessment. Please see section 6.2 for further recommendations. golden eagle Aquila chrysaetos BLM: S CDF: S CDFW: FP, WL IUCN: LC USFWS: BCC G5 S3 A. chrysaetos is an uncommon permanent resident in northern California. This species ranges from sea level up to 11,500 feet inhabiting rolling foothills, mountain areas, sage-juniper flats and desert. This species frequently nests in secluded cliffs of all heights with overhanging ledges and in large trees in open areas. High Potential. Habitat within the Study Area is ranked High (0.77) in suitability according to the CWHR Predicted Habitat Suitability Map. The Study Area is located within conifer and deciduous forest stands. Not Observed. This species or nests were not observed during the biological assessment. Please see section 6.2 for further recommendations. osprey Pandion haliaetus CDF: S CDFW: WL IUCN: LC G5 S4 P. haliaetus are strictly associated with large, fish bearing waters, primarily in ponderosa pine and mixed conifer stands. Foraging habitat consists of open, clear waters, rivers, lakes, reservoirs, estuaries, lagoons, swamps, marshes, and bays. Diet consists almost exclusively live fish. Large trees, snags, and blown- out treetops are used for cover and nesting. Nests are located on or near the tops of trees, snags, cliffs, or human-made structures. High Potential. Habitat within the Study Area is ranked High (0.66) in suitability according to the CWHR Predicted Habitat Suitability Map. There are no stands of dense, mature and old growth conifer or deciduous forest within the Study Area; however, the Study Area is located within conifer and deciduous forest stands. Not Observed. This species or nests were not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 366 of 592 Page 15 of 61 SPECIES HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS northern spotted owl Strix occidentalis caurina FT, ST CDF: S IUCN: NT NABCI: YWL G3G4T3 S2 S. occidentalis caurina are year- round residents in dense, structurally complex forests, primarily with old-growth conifers. Nests on snags and within tree cavities, and often is associated with existing structures (old raptor nests, squirrel nests and A. pomo nests). Moderate Potential. The Study Area is approximately 3.7 miles southeast from the closest NSO Activity Center and 4.5 miles northeast from the nearest critical habitat as identified by the USFWS. The Study Area is located within suitable habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area does not contain large conifers for nesting but may provide suitable foraging habitat for this species. Not Observed. This species or evidence of this species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Insects western bumble bee Bombus occidentalis State: CE USFS: S Xerces: IM G2G3 S1 The habitat for this species is described as open grassy areas, urban parks and gardens, chaparral and shrub areas, and mountain meadows. typically nests underground in abandoned rodent burrows or other cavities Food plants of Bombus occidentalis include Ceanothus, Centaurea, Chrysothamnus, Cirsium, Geranium, Grindellia, Lupinus, Melilotus, Monardella, Rubus, Solidago, and Trifolium. Moderate Potential. The Study Area does not contain open meadows or grassland; however, grassland is present underneath the conifer and deciduous forest canopy. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Mammals Sonoma tree vole Arborimus pomo CDFW: SSC IUCN: NT G3 S3 A. pomo is distributed along the North Coast from Sonoma County north to the Oregon border, practically restricted to the fog belt in humid coastal forests consisting of Douglas-fir, grand fir, western hemlock, and/or Sitka spruce. This species requires Douglas-fir and grand fir needles as a food source and nesting materials. Nests are frequently found in trees along the bole, in branch crotches, or in the top of snags. Nests are most often found along roads, skid trails, or forest edges; however, they could exist further in the forest with dense canopy. Moderate Potential. Habitat within the Study Area is not suitable in some areas, ranking Low (0.33) to Medium (0.66) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area does contain Douglas-fir trees and may provide suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 367 of 592 Page 16 of 61 SPECIES HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS North American porcupine Erethizon dorsatum IUCN: LC G5 S3 E. dorsatum are commonly found in coniferous and mixed forested areas, and can also inhabit shrublands, tundra and deserts, albeit less frequently as this species tends to spend much of its time in trees. This herbivore eats leaves, twigs, and green plants like Skunk cabbage (Symplocarpus foetidus) and clovers (Trifolium spp.). This species makes its dens in hollow trees, decaying logs and caves in rocky areas. Recognized as primarily solitary and nocturnal, E. dorsatum may be seen foraging during daytime. Moderate Potential. Habitat within the Study Area is ranked Low (0.33) to Medium (0.55) to High (0.77) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. western red bat Lasiurus blossevillii CDFW: SSC IUCN: LC WBWG: H G4 S3 L. blossevillii roosts primarily in trees, often 2-40ft above the ground from sea level through mixed conifer forests. Typical habitats include cismontane woodland, lower montane coniferous forest, riparian forests and woodlands. This species prefers habitat edges and mosaics with trees that are protected from above and open below with open areas for foraging. Moderate Potential. Habitat within the Study Area is ranked Medium (0.55) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. hoary bat Lasiurus cinereus CDFW: SSC IUCN: LC WBWG: M G3G4 S3 L. cinereus are yearlong residents of Mendocino County. This bat is one of the few bats knows to both migrate south for winter and to hibernate locally. Hoary bat daytime roosts are typically dense foliage of medium to large sized trees. This bat occupies a variety of habitats including dense forest, forest edges, coniferous forests, deserts, and broadleaf forests. Moderate Potential. Habitat within the Study Area is ranked Moderate (0.55) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 368 of 592 Page 17 of 61 SPECIES HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS fisher [West Coast DPS] Pekania pennanti ST CDFW: SSC USFS: S G5 S2S3 P. pennanti are primarily solitary, except during breeding season (February – April and they inhabit forest stands with late-successional characteristics including intermediate-to-large tree stages of coniferous forest and deciduous-riparian areas with high percent canopy closure. Den site and prey availability are often associated with these characteristics. P. pennanti use cavities, snags, logs and rocky areas for cover and denning and require large areas of mature, dense forest. Moderate Potential. Habitat within the Study Area is ranked Low (0.33) to Medium (0.66) to High (0.88) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species; however, large old growth trees are not present. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. No special status wildlife species were observed within the Study Area during the biological site assessment on November 18, 2021. A complete list of all wildlife species observed within the Study Area was compiled during the site visit and is listed in Appendix B. Section 6.0: Assessment Summary and Recommendations 6.1 Natural Communities The Study Area and immediate surroundings were assessed during the biological site assessment on November 18, 2021 to determine natural communities and individual wildlife species present. Natural communities observed were classified using data collected in the field and the Manual of California Vegetation Online Edition (MCV2 Alliances, CNPS 2021b). The Study Area contains one (1) non-sensitive natural community, one (1) sensitive natural community, and one (1) Class III watercourse (Appendix D: Map 5, MCV2 Alliance Classifications). Non-Sensitive Natural Communities: Non-sensitive natural communities are those communities that are not afforded special protection under CEQA, and other Federal, State, and local laws, regulations, and ordinances. One (1) non- sensitive natural community was observed within the Study Area and are listed below: Pseudotsuga menziesii Forest & Woodland Alliance: Douglas-fir forest and woodland CDFW State Rarity Rank: S4 (Apparently Secure). A detailed description of this natural community is discussed in section 5.1. There are no recommendations for non-sensitive communities. Sensitive Natural Communities: Sensitive natural communities include those that are listed in CNDDB as well as observed MCV2 alliances or associations with state rarity ranks of S1-S3 and are listed on CDFW’s List of California Sensitive Natural Communities (CDFW 2021). One (1) sensitive community, as classified under the MCV2 alliance classification system, exist within the Study Area and was observed on-site. More detailed descriptions of these sensitive communities are discussed in Section 5.1.2. Page 369 of 592 Page 18 of 61 Quercus garryana Forest & Woodland Alliance (Oregon white oak forest and woodland): This community has a Global Rarity Rank of G4 (Apparently Secure) and a State Rarity Rank of S3 (Vulnerable). It is recommended that any proposed work within or in the vicinity of this community avoid the removal of Quercus garryana. This community may also provide habitat for nesting birds protected by the Migratory Bird Treaty Act (MBTA) and it is recommended that nesting bird surveys be conducted for any activities that require vegetation removal between March 1st and August 31st of any year. Other management considerations for the preservation of this community include thinning or removal of conifer species within the stand in accordance with local laws, regulations, and ordinances. Such thinning could limit the possibility of vegetation type conversion to closed-canopy woodlands and conifer forest and inhibit the development of fuel ladders that increase the potential for stand-replacing fires. Any removal of Quercus garryana cannot be done without consultation with CDFW, and all work within this community shall adhere to CDFW recommendations. It is the understanding of Jacobszoon & Associates, Inc. that removal of trees 6” DBH and larger is not proposed for the development of the trail. Sensitive Aquatic Communities: Aquatic resources, communities, and habitats (e.g. watercourses, ponds, wetlands, vernal pools, etc.) are considered sensitive communities and are afforded special protections under CEQA and other Federal, State, and local laws, regulations, and ordinances. Aquatic habitats present within the Study Area could provide suitable aquatic or riparian habitats for sensitive flora and fauna. Watercourses and waterbodies: One (1) Class III watercourse was observed within the Study Area. Recommendations for aquatic resources are listed below: • It is recommended that all earthwork within or adjacent to any watercourse or other body of water adhere to standard methods of erosion and sediment control and, if possible, to complete all work while the channel is dry to reduce sediment load downstream. Wetlands: The Study Area is located approximately 200 feet south of a mapped riverine wetland, a Class II tributary to Orrs Creek, according to the USFWS National Wetland Inventory (NWI) (Appendix D: Map 7, NWI mapped wetlands). The wetland is classified as a riverine habitat (R4SBC). R4SBC is a riverine intermittent system with a streambed and is seasonally flooded. Riverine systems are considered watercourses for the purposes of this assessment. There are no recommendations for wetlands are necessary at this time. The proposed project will not impact this wetland. 6.2 Special-status Wildlife Species Eleven (11) special-status wildlife species have a moderate or high potential to occur within the Study Area based on habitat features present. These species include red-bellied newt (Taricha rivularis), northern goshawk (Accipiter gentilis), golden eagle (Aquila chrysaetos), osprey (Pandion haliaetus), northern spotted owl (Strix occidentalis caurina), western bumble bee (Bombus occidentalis), Sonoma tree vole (Arborimus pomo), North American porcupine (Erethizon dorsatum), western red bat (Lasiurus blossevillii), hoary bat (Lasiurus cinereus), and fisher [West Coast DPS] (Pekania pennanti). No special status wildlife species were observed within the Study Area during the biological site assessment. Page 370 of 592 Page 19 of 61 Amphibians One (1) special-status amphibian has a moderate or high potential to occur within the Study Area; red-bellied newt (Taricha rivularis). Recommendations for this species are listed below: • It is recommended that the Study Area be surveyed prior to any ground disturbing activities to determine the presence of special-status amphibian species. No special-status amphibian species were observed within the Study Area during the biological site assessment. Avifauna Four (4) special-status avian species have moderate or high potential to occur within the Study Area. These species include northern goshawk (Accipiter gentilis), golden eagle (Aquila chrysaetos), osprey (Pandion haliaetus), and northern spotted owl (Strix occidentalis caurina). Additionally, most non-game bird species in California are protected under the Migratory Bird Treaty Act (MBTA) which prohibits the deliberate destruction of active nests belonging to protected species. Groundbreaking activities, specifically vegetation removal, within the Study Area during avian breeding periods have the potential to significantly impact nesting migratory bird species. Recommendations for special-status avian species and migratory bird species are listed below: • It is recommended that all active bird nests not be removed, relocated, or otherwise disturbed for any purpose until all fledglings have left the nest. • It is recommended that nesting bird surveys be conducted prior to the commencement of any groundbreaking activities which occur between March 1st and August 31st of any year. No avian special-status species were observed within the Study Area during the biological assessment. Fish The Study Area does not contain any special-status fish species or fish bearing watercourses or waterbodies. The nearest fish-bearing watercourse is a Class I watercourse, Orrs Creek, located approximately 2,250 feet northeast of the Study Area. It is recommended that all earthwork within or adjacent to any watercourse or waterbody adhere to standard methods of erosion and sediment control. Future development within the Study Area does not have the potential to impact special-status fish species. No special-status fish were observed during the biological site assessment. Insects One (1) special-status insect species have moderate or high potential to occur within the Study Area; western bumble bee (Bombus occidentalis). Recommendations for special-status insect species are listed below: Page 371 of 592 Page 20 of 61 •If a special-status insect nests are observed, it is recommended that active nests not be removed, relocated, or otherwise disturbed until the nest becomes inactive. No special-status insects or nests were observed within the Study Area during the biological site assessment. Mammals Five (5) special-status mammal species have moderate or high potential to occur within the Study Area. These species include the Sonoma tree vole (Arborimus pomo), North American porcupine (Erethizon dorsatum), western red bat (Lasiurus blossevillii), hoary bat (Lasiurus cinereus), and fisher [West Coast DPS] (Pekania pennanti). Recommendations for special-status mammal species are listed below: •If evidence of bat roosts are observed (i.e. bat guano, ammonia odor, grease stained cavities) around trees or structures, it is recommended that pre-construction bat surveys be conducted by a qualified biologist for activities that may affect bat roosting habitat. •If evidence of special-status mammal borrows or denning activity is observed, it is recommended that pre-construction surveys be conducted by a qualified biologist for activities that may affect den sites. No special-status mammals were observed during the biological site assessment. No evidence of special-status mammal species was observed during the biological site visit. 6.3 Wildlife Corridors No change to foraging or wintering habitat for migratory birds is expected as a result of the proposed trail. Additionally, no significant impacts to migratory corridors for amphibian, aquatic, avian, mammalian, or reptilian species is expected as a result of the proposed project. 6.4 Critical Habitat The Study Area does not contain and is not adjacent to critical habitat for any Federal or State- listed species (Appendix E: USFWS IPAC Official Species List). Page 372 of 592 Page 21 of 61 Section 7.0: References Baicich, P. J., Harrison, J. O. 2005. Nests, Eggs, and Nestlings of North American Birds (2nd Edition). Princeton University Press. Barbour, M., T. Keeler-Wolf, and A. A. Schoenherr (eds.). 2007. Terrestrial Vegetation of California (3rd Edition). University of California Press. Barbour, M. G. and J. Major. Terrestrial Vegetation of California. 1998. The California Native Plant Society. Behler, J. L. and F. W. King. 1979. National Audubon Society Field Guide to North American Reptiles and Amphibians. Alfred A. Knopf, Inc. New York, NY. Best, T. L., Kiser, W. M., Freeman, P. W. 1996. Eumops perotis. American Society of Mammalogists. Mammalian Species 534:1-8. Bjornn, T. C., Reiser, D. 1991. Habitat Requirements of Salmonids in Streams. American Fisheries Society Special Publication. 19. Bourque, R. 2018. Lecture: Spatial Ecology: Movement. Presented at Foothill Yellow-legged Frog: Ecology, Management, and Regulation Workshop. Presented by The Wildlife Society. Humboldt State University, Arcata, CA. California Department of Fish and Wildlife. California Interagency Wildlife Task Group. 2014. CWHR version 9.0 personal computer program. Sacramento, CA. California Department of Fish and Wildlife. 2021. California Natural Diversity Database (CNDDB) Quick Viewer (online edition, v5.96.99). Sacramento, CA. Accessed on November 3, 2021 from: https://www.wildlife.ca.gov/Data/CNDDB/Maps-and- Data#43018410-cnddb-quickview-tool California Department of Fish and Wildlife. 2021. California Natural Diversity Database (CNDDB) BIOS Commercial/Spotted Owl Viewer (online edition, v5.96.99). Sacramento, CA. Accessed on November 3, 2021 from: https://www.wildlife.ca.gov/Data/CNDDB/Maps-and-Data#43018408-cnddb-in-bios California Department of Fish and Wildlife. 2021. California Natural Diversity Database (CNDDB) BIOS Commercial/Spotted Owl Viewer (online edition, v5.96.9) California Wildlife Habitat Relationships (CWHR) 2016. Accessed on November 3, 2021 from: https://www.wildlife.ca.gov/Data/CNDDB/Maps-and-Data#43018408-cnddb-in-bios California Department of Fish and Wildlife. 2021. California Streams v3. Last updated on November 20, 2020. Accessed on November 3, 2021 from https://data.cnra.ca.gov/dataset/california-streams Page 373 of 592 Page 22 of 61 California Department of Fish and Wildlife. 2021. List of Vegetation Alliances and Associations. Vegetation Classification and Mapping Program, California Department of Fish and Game, Sacramento, CA. Updated August 18, 2021. Accessed on November 3, 2021. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=153398&inline California Department of Fish and Wildlife. September 2003. List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database. Biogeographic Data Branch, Vegetation Classification and Mapping Program. Sacramento, CA. California Native Plant Society (CNPS). 2021b. A Manual of California Vegetation (online edition). California Native Plant Society. Sacramento, CA. Accessed November 3, 2021 from: http://vegetation.cnps.org/. Call, M. W. 1978. Nesting Habits and Survey Techniques for Common Western Raptors. U.S. Department of Interior, Bureau of Land Management, Portland, OR. Technical Note. No. 316. 115pp. Cogswell, H. L. 1977. Water birds of California. University of California Press, Berkeley. 399pp. Fellers, G. M., Pierson, E. D. 2002. Habitat Use and Foraging Behavior of Townsend’s Big- Eared Bat (Corynorhinus townsendii) in Coastal California. Journal of Mammalogy. 83, Issue 1: 167-177. Available online at: https://academic.oup.com/jmammal/article/83/1/167/2372774#38014831 Goulsen, D. 2003. Bumblebees: their behavior and ecology. Oxford University Press, Oxford, England. Grinnell, J., J. S. Dixon, J. M. Linsdale. 1937. Fur-bearing mammals of California. 2 Vols. University of California Press, Berkeley, CA. 777 pp. Heinrich, B. 2004. Bumblebee economics. Harvard University Press, Cambridge, Massachusetts. 245 pp. Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame- Heritage Program, California Department of Fish and Game. Sacramento, CA. 156 pp. Kupferberg, S. 2018. Lecture: Natural and Unnatural History. Presented at Foothill Yellow- legged Frog: Ecology, Management, and Regulation Workshop. Presented by The Wildlife Society. Humboldt State University, Arcata, CA. Mayer, K. E. and W. F. Laudenslayer. 1988. A Guide to Wildlife Habitats of California. State of California, Sacramento, CA. Page 374 of 592 Page 23 of 61 Miller, D. J. and R. N. Lea. 1972. Guide to the Coastal Marine Fishes of California, Fish Bulletin No. 157. California Department of Fish and Game, Sacramento, CA. Moyle, P. B., J. E. Williams, and E. D. Wirkamanayake. 1989. Fish species of special concern of California. Final report submitted to California Dept. of Fish and Game, Inland Fisheries Division, Rancho Cordova. 222 pp. Moyle, P. B. 1976. Inland Fishes of California. University of California Press, Berkeley, CA. National Marine Fisheries Service (NMFS). 1996. Proposed endangered status for five ESUs of Steelhead and proposed threatened status for five ESUs of steelhead in Washington, Oregon, Idaho, and California. Federal Register 61(155):41541-61. Pierson, E. D., Rainey, W. E. 1998. Western mastiff bat, Eumops perotis. Terrestrial Mammal Species of Special Concern in California, Bolster, B. C., Ed., 1998. Peterson, R. T. 1990. A Field Guide to Western Birds. Houghton Mifflin Co., Boston, MA. Remsen, J. V. 1978. Bird species of special concern in California. California Department of Fish and Game, Sacramento. Wildlife Management Administrative Report. No. 78(1) 54 pp. Sawyer, J. O. and T. Keeler-Wolfe. 2021. A Manual of California Vegetation. Online Edition. California Native Plant Society. Accessed on November 15, 2021 from https://vegetation.cnps.org/ Sawyer, J. O. and T. Keeler-Wolfe and J.M. Evans. 2009, Second Addition. A Manual of California Vegetation. California Native Plant Society. Sacramento, CA. Sawyer, J. O. and T. Keeler-Wolfe. 2008. A Manual of California Vegetation. California Native Plant Society. Sacramento, CA. Sawyer, J. O. and T. Keeler-Wolfe. 1995. A Manual of California Vegetation. California Native Plant Society. Sacramento, CA. 471 pp. Sibley, D. A. 2000. The Sibley Guide to Birds. National Audubon Society. Alfred A. Knopf, New York, NY. Squires, J. R., Reynolds, R. T. 1997. Northern Goshawk (Acipiter gentilis), version 2.0. The Birds of North America (A. F. Poole and F. B. Gill, Editors). Cornell Lab of Ornithology, Ithaca, NY, USA. Accessed on November 15, 2021 from: https://doi.org/10.2173/bna.298 Stebbins, Robert C, and McGinnis, Samuel M. Field Guide to Amphibians and Reptiles of California: Revised Edition. (California Natural History Guides). University of California Press. 2012. Page 375 of 592 Page 24 of 61 Thomson, C. R, Wright, A. N., and Shaffer, H. B. 2016. California Amphibian and Reptile Species of Special Concern. University of California Press. Oakland, CA. 390 pp. Udvardy, M. D. F. 1994. National Audubon Society Field Guide to North America Birds. Alfred A. Knopf, Inc. New York, NY. 822pp. USDA Natural Resources Conservation Service Web Soil Survey 2021. Soil compositions for specific locations in the United States. Accessed on November 16, 2021 from: https://websoilsurvey.se.egov.usda.gov USDA. CalVeg Existing Vegetation: North Coast Mid. Last updated January 18, 2018. Accessed on November 15, 2021. US Climate Data. 2021. Version 3.0. https://www.usclimatedata.com/ Accessed November 15, 2021. U.S. Fish and Wildlife Service (USFWS). 2004. Twelve month finding for a Petition to List the West Coast Distinct Population Segment of the Fisher (Martes pennanti); proposed rule. Federal Register 69(68): 18769-18792. U. S. Fish and Wildlife Service (USFWS). 1991. Guidelines for Surveying Proposed Management Activities that may Impact Northern Spotted Owls. U. S. Fish and Wildlife Service (USFWS). Information for Planning and Consultation (IPAC System). Accessed on November 5, 2021 from https://ecos.fws.gov/ipac/ U. S. Fish and Wildlife Service (USFWS). National Wetlands Inventory (NWI) Wetlands Mapper. Last updated: October 1, 2020. Accessed on November 16, 2021 from https://www.fws.gov/wetlands/data/Mapper.html U.S. Geological Survey (USGS). 2012. Ukiah quadrangle. 7.5 minute topographic map. Waian, L. B., Stendell, R. C. 1970. The white-tailed kite in California with observations of the Santa Barbara population. California Fish and Game 56: 188-198. Western Bat Working Group (WBWG). 2021. Species Accounts. Accessed on November 5, 2021 from: http://wbwg.org/western-bat -species/ The Xerces Society for Invertebrate Conservation. 2021. Species Accounts. Accessed on November 5, 2021 from: https://xerces.org/ Zeiner, D. C., W. F. Laudenslayer Jr., and K. E. Mayer. 1988. California’s Wildlife Volume I – Amphibians and Reptiles. State of California Department of Fish and Game. 272pp. Zeiner, D. C., W. F. Laudenslayer Jr., K. E. Mayer, and M. White. 1990a. California’s Wildlife Volume II – Birds. State of California Department of Fish and Game. 732pp. Page 376 of 592 Page 25 of 61 Zeiner, D. C., W. F. Laudenslayer Jr., K. E. Mayer, and M. White. 1990b. California’s Wildlife Volume III – Mammals. State of California Department of Fish and Game. 407pp Report Author: Alicia Ives Ringstad Alicia Ives Ringstad received a B.S. in Wildlife Management and Conservation from Humboldt State University in 2007, with studies including plant taxonomy. She is a Consulting Senior Wildlife Biologist with over 15 years professional wildlife biology, forestry, botany and environmental planning experience. Ms. Ives Ringstad provides Botanical surveys and Biological Assessments for large and small projects requiring compliance with the California Environmental Quality Act (CEQA), these projects include timber harvesting, land conversion, minor and major subdivisions, and development plans/permits. Ms. Ives Ringstad’s experience includes conducting wetland delineations that met the requirements of the US Army Corps of Engineers Technical Report (Y-87-1) Page 377 of 592 Page 26 of 61 Appendix A: Table of Potential for Special-Status Wildlife within the Study Area Page 378 of 592 Page 27 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS Amphibians California giant salamander Dicamptodon ensatus CDFW: SSC IUCN: NT G3 S2S3 California giant salamanders are year-round residents of California and were split into two species – California giant salamander (Dicamptodon ensatus) occurring south of the Mendocino County line and the coastal giant salamander (Dicamptodon tenebrosus) occurring in the north. D. ensatus are found in meadows and seeps, north coast coniferous forest and riparian forested habitats. D. ensatus occur in wet coastal forests in or near clear, cold permanent and semi-permanent streams and seepages. Adults leave terrestrial habitats to reproduce and both the reproduction and larval stages are aquatic with breeding occurring mostly in the spring. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. northern red-legged frog Rana aurora CDFW: SSC IUCN: LC USFS: S G4 S3 R. aurora are often observed within humid forests, woodlands, wetlands, grasslands and stream-sides in northwestern California, usually near dense riparian cover. This species is generally found near permanent water but can be found far from water in damp woods and meadows during the non-breeding season. Typical habitat types include Klamath/North coast flowing waters, riparian forest and woodland. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. Page 379 of 592 Page 28 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS foothill yellow-legged frog Rana boylii *SE/ST CDFW: SSC BLM: S IUCN: NT USFS: S G3 S3 The foothill yellow-legged frog is found in or near rocky streams in a variety of habitats, including valley-foothill hardwood, valley- foothill hardwood-conifer, valley-foothill riparian, ponderosa pine, mixed conifer, coastal scrub, mixed chaparral, and wet meadow types. * CESA listing status varies by clade as follows: Southwest/South Coast, West/Central Coast, and East/Southern Sierra clades are endangered; northeast/Northern Sierra and Feather River clades are threatened; listing of the Northwest/North Coast clade is not warranted. Low Potential. Habitat within the Study Area is ranked Low (0.33) in suitability according to the CWHR Predicted Habitat Suitability Map. The Study Area itself does not contain streams that would provide suitable habitat for this species; however, potential suitable winter refugia habitat may be in a Class II tributary to Orrs Creek located approximately 200 feet north of the Study Area. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. California red-legged frog Rana draytonii FT CDFW: SSC IUCN: VU G2G3 S2S3 California red-legged frogs (CRLF) primarily inhabit permanent or nearly permanent water sources (quiet streams, marshes, and ponds) containing shorelines with extensive vegetation. Breeding tends to occur primarily in ponds, less likely in streams, and happens from November to April. This ranid frog will also use upland habitats outside of the breeding season and may be discovered under logs, rocks, and other debris during wet conditions. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. Page 380 of 592 Page 29 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS red-bellied newt Taricha rivularis CDFW: SSC IUCN: LC G2 S2 T. rivularis inhabits coastal forests, typically in redwood (Sequoia sempervirens) forest habitat although also found in other forest types (hardwood etc.). Adults are terrestrial and fossorial. Transformed juveniles leave aquatic environments and go into hiding in underground shelters, often until ready to reproduce. Breeding occurs in streams often with relatively strong flows. High Potential. Habitat within the Study Area is ranked Medium (0.66) to High (1.00) in suitability according to the CWHR Predicted Habitat Suitability Map. Aquatic habitat is not present within the Study Area; however, the Study Area may be used for migration and refugia. There is a known occurrence of this species approximately 600 feet south from the Study Area along Gibson Creek according to CNDDB. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Avifauna northern goshawk Accipiter gentilis BLM: S CDF: S CDFW: SSC IUCN: LC USFS: S G5 S3 A. gentilis are often found in dense, mature and old growth stands of conifer and deciduous habitats. Younger seral stands that include larger residual or defective trees are also used. Nest often on cooler (northerly or easterly) moderate slopes in dense vegetation or within riparian zones, but close to openings. Nest sites are often located next to water, which may provide a break in canopy for easy access to the nest stand or may influence microclimate or prey distribution. High Potential. Habitat within the Study Area is ranked Medium (0.44) and High (1.00) in suitability according to the CWHR Predicted Habitat Suitability Map. There are no stands of dense, mature and old growth conifer or deciduous forest within the Study Area; however, the Study Area is located within conifer and deciduous forest stands. Not Observed. This species or nests were not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 381 of 592 Page 30 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS tricolored blackbird Agelaius tricolor ST BLM: S CDFW: SSC IUCN: EN NABCI: RWL USFWS: BCC G1G2 S1S2 A. tricolor breed and forage in a variety of habitats including salt marshes, moist grasslands, freshwater marshes, bay-shore habitats, riparian forests and oak savannahs. A. tricolor use dense riparian vegetation such as Himalayan blackberry (Rubus armeniacus) for nesting and forage in cultivated fields, wetlands, and feedlots associated with dairy farms. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Riparian forests with dense vegetation are not present within the Study Area. Not Present. There are no recommendations for this species. grasshopper sparrow Ammodramus savannarum CDFW: SSC IUCN: LC G5 S3 A. savannarum are an uncommon and local, summer resident in foothills and lowlands west of the Cascade- Sierra Nevada crest from Mendocino and Trinity Counties south to San Diego County. A. savannarum nests on the ground in grasslands, prairie, cultivated fields, and grassy clearings in forests; particularly in areas with a variety of grasses and tall forbs and scattered shrubs for singing perches. Nests are typically found at the base of a small clump of overhanging grass or other vegetation, perhaps in close proximity to other breeding grasshopper sparrows, and this species may double or triple clutch. No Potential. The Study Area does not have suitable habitat present according to the CWHR Predicted Habitat Suitability Map. Small patches of suitable habitat are present within the surrounding area. Not Present. There are no recommendations for this species. Page 382 of 592 Page 31 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS golden eagle Aquila chrysaetos BLM: S CDF: S CDFW: FP, WL IUCN: LC USFWS: BCC G5 S3 Golden eagles live in open and semi-open country featuring native vegetation across most of the Northern Hemisphere. They avoid developed areas and uninterrupted stretches of forest. They are found primarily in mountains up to 12,000 feet, canyonlands, rimrock terrain, and riverside cliffs and bluffs. Golden eagles nest on cliffs and steep escarpments in grassland, chapparal, shrubland, forest, and other vegetated areas. High Potential. Habitat within the Study Area is ranked High (0.77) in suitability according to the CWHR Predicted Habitat Suitability Map. The Study Area is located within conifer and deciduous forest stands. Not Observed. This species or nests were not observed during the biological assessment. Please see section 6.2 for further recommendations. great egret Ardea alba CDF: S IUCN: LC G5 S4 Great egrets live in freshwater, brackish, and marine wetlands. During the breeding season they live in colonies in trees or shrubs with other waterbirds. The colonies are located on lakes, ponds, marshes, estuaries, impoundments, and islands. Great egrets use similar habitats for migration stopover sites and wintering grounds. They hunt in marshes, swamps, streams, rivers, ponds, lakes, impoundments, lagoons, tidal flats, canals, ditches, fish-rearing ponds, flooded farm fields, and sometimes upland habitats. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. Page 383 of 592 Page 32 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS great blue heron Ardea herodias CDF: S IUCN: LC G5 S4 Great blue herons live in both freshwater and saltwater habitats, and also forage in grasslands and agricultural fields, where they stalk frogs and mammals. Most breeding colonies are located within 2 to 4 miles of feeding areas, often in isolated swamps or on islands, and near lakes and ponds bordered by forests. Low Potential. Habitat within the Study Area is ranked Low (0.22) to Medium (0.44) in suitability according to the CWHR Predicted Habitat Suitability Map. The Study Area itself contains no nesting or foraging habitat suited for this species, as the Study Area is located within conifer and deciduous forest stands. Not Present. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. western snowy plover Charadrius alexandrinus nivosus FT CDFW: SSC NABCI: RWL USFWS: BCC G3T3 S2 The Pacific coast population of the snowy plover is defined as those individuals that nest adjacent to tidal waters of the Pacific Ocean, and includes all nesting birds on the mainland coast, peninsulas, offshore islands, adjacent bays, estuaries, and coastal rivers. The current known breeding range of this population extends from Damon Point, Washington, to Bahia Magdelena, Baja California, Mexico. The Pacific coast population of the western snowy plover breeds primarily on coastal beaches from southern Washington to southern Baja California, Mexico. The population breeds above the high tide line on coastal beaches, sand spits, dune-backed beaches, sparsely vegetated dunes, beaches at creek and river mouths, and salt pans at lagoons and estuaries. Less common nesting habitat includes bluff-backed beaches, dredged material disposal sites, salt pond levees, dry salt ponds, and river bars. Suitable nesting habitat is distributed throughout the listed range but may be widely separated by areas of rocky shoreline. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. Page 384 of 592 Page 33 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS northern harrier Circus hudsonius CDFW: SSC IUCN: LC G5 S3 C. hudsonius are year-long residents of Mendocino and Lake County. They frequent meadows, alpine meadows, grasslands, open rangelands, desert sinks, fresh and saltwater emergent wetlands and are seldom found in wooded areas. This species usually hunts by flying low over fields, scanning the ground for small prey. Breeding occurs on meadows and marshland, both salt and freshwater. Nests on ground in shrubby vegetation, usually at marsh edge; nest built of a large mound of sticks in wet areas. No Potential. The Study Area does not have suitable habitat present according to the CWHR Predicted Habitat Suitability Map. Small patches of suitable habitat are present within the surrounding area. Not Present. There are no recommendations for this species. western yellow-billed cuckoo Coccyzus americanus occidentalis FT SE BLM: S NABCI: RWL USFS: S USFWS: BCC G5T2T3 S1 Western yellow-billed cuckoos breed in large blocks of riparian habitats (particularly woodlands with cottonwoods and willows). Dense understory foliage appears to be an important factor in nest site selection. This species makes their nests along horizontal branches or the fork of a tree or large shrub, often between 3 to 90 feet (1 to 28 meters). Trees are often oak (Quercus sp.), beech, hawthorn (Crataegus sp.) and ash, often with lower story of blackberry, nettles, or wild grapes. This species can be found from Southern Humboldt to Southern Mendocino County. Patches of Chico, Yuba City. Santa Rosa, and Elk Grove. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. white-tailed kite Elanus leucurus BLM: S CDFW: FP IUCN: LC G5 S3S4 Often found in coastal, valley lowlands and agricultural areas, E. leucurus inhabit undisturbed, open grasslands, meadows, farmlands, and emergent wetlands. Nests are often found in isolated, dense-topped trees. No Potential. The Study Area does not have suitable habitat present according to the CWHR Predicted Habitat Suitability Map. Small patches of suitable habitat are present within the surrounding area. Not Present. There are no recommendations for this species. Page 385 of 592 Page 34 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS yellow-breasted chat Icteria virens CDFW: SSC IUCN: LC G5 S3 I. virens inhabit riparian thickets of willow and other brushy tangles near watercourses. Required habitat for this species is riparian forest, woodland, or scrub. Nests in low, dense riparian habitat often consisting of willow, blackberry, and wild grape within 10ft. of the ground. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. Lewis’ woodpecker Melanerpes lewis IUCN: LC NABCI: YWL USFWS: BCC G4 S4 M. lewis often inhabit oak savannahs, broken deciduous, and coniferous habitats. Nests are made at the forest edge (especially ponderosa pine) or in groves or scattered trees and requires snags for nest cavities. M. lewis’ primary diet consists of insects, nuts, and fruits. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. osprey Pandion haliaetus CDF: S CDFW: WL IUCN: LC G5 S4 P. haliaetus are strictly associated with large, fish-bearing waters, primarily in ponderosa pine and mixed conifer stands. Foraging habitat consists of open, clear waters, rivers, lakes, reservoirs, estuaries, lagoons, swamps, marshes, and bays. Large trees, snags, and blown-out treetops are used for cover and nesting. Nests are located on or near the tops of trees, snags, cliffs, or human-made structures. High Potential. Habitat within the Study Area is ranked High (0.66) in suitability according to the CWHR Predicted Habitat Suitability Map. There are no stands of dense, mature and old growth conifer or deciduous forest within the Study Area; however, the Study Area is located within conifer and deciduous forest stands. Not Observed. This species or nests were not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 386 of 592 Page 35 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS yellow warbler Setophaga petechia CDFW: SSC USFWS: BCC G5T2T3 S2 S. petechia often inhabits riparian deciduous habitats in summer: willows, alders, cottonwoods, and other small trees and shrubs typical of low, open canopy riparian woodland. This species will also breed in montane shrubbery in open conifer forest. S. petechia migrates through woodland, forest and shrub habitats. Nests above ground in a deciduous dappling or shrub. Low Potential. Habitat within the Study Area is ranked Low (0.22) in suitability according to the CWHR Predicted Habitat Suitability Map; however, the Study Area does contain montane shrubs in open to closed conifer and deciduous forest that may be potential habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. northern spotted owl Strix occidentalis caurina FT ST CDF: S IUCN: NT NABCI: YWL G3G4T3 S2 S. occidentalis caurina are year-round residents in dense, structurally complex forests, primarily with old-growth conifers. Nests on snags and within tree cavities, and often is associated with existing structures (old raptor nests, squirrel nests and A. pomo nests). Moderate Potential. The Study Area is approximately 3.7 miles southeast from the closest NSO Activity Center and 4.5 miles northeast from the nearest critical habitat as identified by the USFWS. The Study Area is located within suitable habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area does not contain large conifers for nesting but may provide suitable foraging habitat for this species. Not Observed. This species or evidence of this species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 387 of 592 Page 36 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS Fish Clear Lake prickly sculpin Cottus asper ssp. CDFW: SSC G5T1 SNR The C. asper ssp. is adaptable to environments ranging from fresh to saltwater, and from small cool stream to large warm rivers and lakes. C. asper ssp. has a variety of forms as some are coastal, others live in the valley, and some are limited to Clear Lake proper. The coastal forms rarely live in a stream without an estuary and rarely go farther than 50 km upstream though they have been found present over 120 km upstream. In the Central Valley of California these fish inhabit low elevation waters. The limitation to the spread of these fish. In streams these fish use a variety of habitats though good cover or overhanging vegetation is a common thread. Most spawning occurs between February and June. In lakes, juveniles forage around the lake shores and then gradually move into deeper water as they grow. No Potential. The Study Area is outside of the Clear Lake watershed and the current known distribution for this species according to the FSSC Range Map. Not Present. There are no recommendations for this species. Pacific lamprey Entosphenus tridentatus AFS: VU BLM: S CDFW: SSC USFS: S G4 S4 E. tridentatus are anadromous, but also with a number of permanent freshwater resident populations. This species is parasitic as adults, feeding on blood and body fluids of its prey. To breed, E. tridentatus migrate into fresh water and dig nests. Adults die post-breeding. Larvae/juveniles live 5-6 years in freshwater before returning to the ocean. No Potential. The Study Area does not contain fish bearing water bodies suitable for this species and does provide suitable habitat for this species. Not Present. There are no recommendations for this species. Page 388 of 592 Page 37 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS northern coastal roach Hesperoleucus venustus navarroensis CDFW: SSC GNRTNR SNR Roach are found in a wide variety of habitats in the Russian River, including the main river where there is cover (e.g., fallen trees) to protect them from predators. They are most abundant, in tributaries with clear well oxygenated, water, dominant substrates of cobble and boulder, and shallow depths (average 10-50 cm) with pools up to 1 m deep. In the Russian River mainstem, roach are most common around the mouths of tributaries No Potential. The Study Area does not contain fish bearing water bodies suitable for this species and does provide suitable habitat for this species. Not Present. There are no recommendations for this species. Clear Lake tule perch Hysterocarpus traskii lagunae CDFW: SSC G5T2T3 S2S3 H. traskii lagunae are endemic to three (3) highly altered lakes (Clear Laek, Lower Blue Lake, and Upper Blue Lake); however, it is expected that they are only commonly found in Upper Blue Lake as the other lakes have already lost a majority of their native fishes. Clear Lake and Lower Blue Lake are typically warm (summer temperatures 25-28°C) and shallow, with primarily sandy or soft bottom substrates. Upper Blue Lake is similar but is also clearer and colder. Tule perch are very tolerant of environmental variables; however, low water quality limits their distribution in their historic ranges. A key habitat requirement of H. traskii lagunae is cover, especially for pregnant females and small juveniles. This species is typically found in small shoals in deep (3+ m) tule beds, among rocks (especially along steep rocky shores), or among the branches of fallen trees. No Potential. The Study Area is outside of the Clear Lake watershed and the current known distribution for this species according to the FSSC Range Map. Not Present. There are no recommendations for this species. Russian River tule perch Hysterocarpus traskii pomo AFS: VU CDFW: SSC G5T4 S4 H. traskii pomo inhabits clear, flowing streams and rivers, and occupy deep pools that have complex cover in the form of aquatic and overhanging vegetation. This species is endemic to the Russian River and the lower parts of its tributaries. Mating occurs in July- Sept. In May-June the female bears 10-60 live fish. No Potential. The Study Area does not contain fish bearing water bodies suitable for this species and does provide suitable habitat for this species. Not Present. There are no recommendations for this species. Page 389 of 592 Page 38 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS coho salmon – southern Oregon / northern California ESU Oncorhynchus kisutch pop. 2 FT ST AFS: TH G5T2Q S2 O. kisutch are anadromous, migrating and spawning in streams that flow directly into the ocean or tributaries of larger rivers. Migration peaks around mid-May till mid-June. Coho lay egg masses (redds), often located between a pool and a riffle. This ESU, includes naturally spawned coho salmon originating from coastal streams and rivers between Cape Blanco, Oregon, and Punta Gorda, California. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map and the FSSC Range Map. Not Present. There are no recommendations for this species. coho salmon – central California coast ESU Oncorhynchus kisutch pop. 4 FE SE AFS: EN G5T2T3Q S2 Coho are anadromous, migrating and spawning in streams that flow directly into the ocean or tributaries of larger rivers. Migration peaks mid-May till mid-June. The fish will spend two to three years at sea before migrating back to their natal stream to spawn. Coho lay egg masses (redds), often located between a pool and a riffle. This ESU, includes naturally spawned coho salmon originating from rivers south of Punta Gorda, Ca. to and including Aptos Creek, as well as such coho salmon originating from tributaries to San Francisco Bay. No Potential. The Study Area does not contain fish bearing water bodies suitable for this species and does provide suitable habitat for this species. According to the CWHR Predicted Habitat Suitability Map, Gibson Creek (approximately 1,000 feet south) does have Intrinsic Potential to contain this species. Not Present. There are no recommendations for this species. steelhead – northern California DPS Oncorhynchus mykiss irideus pop. 16 FT AFS: TH G5T2T3Q S2S3 O. mykiss irideus are anadromous coastal rainbow trout. As adults, this species requires high flows, with depths of at least 18cm for passage. Clean well-aerated gravel beds, typically in steep, rocky reaches of upper tributaries are needed for spawning. This DPS includes naturally spawned anadromous O. mykiss originating below natural and manmade impassable barriers in California coastal river basins from Redwood Creek to and including the Gualala River. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map and the FSSC Range Map. Not Present. There are no recommendations for this species. Page 390 of 592 Page 39 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS steelhead - central California coast DPS Oncorhynchus mykiss irideus pop. 8 FT AFS: TH G5T2T3Q S2S3 O. mykiss irideus are anadromous coastal rainbow trout. As adults, this species requires high flows, with depths of at least 18cm for passage. Clean well-aerated gravel beds, typically in steep, rocky reaches of upper tributaries are needed for spawning. This DPS includes naturally spawned anadromous O. mykiss originating below natural and manmade impassable barriers from the Sacramento and San Joaquin Rivers and their tributaries; excludes such fish originating from San Francisco and San Pablo Bays and their tributaries. No Potential. The Study Area does not contain fish bearing water bodies suitable for this species and does provide suitable habitat for this species. According to the CWHR Predicted Habitat Suitability Map, Gibson Creek (approximately 1,000 feet south) does have Intrinsic Potential to contain this species. Not Present. There are no recommendations for this species. chinook salmon – California coastal ESU Oncorhynchus tshawytscha pop. 17 FT AFS: TH G5T2Q S2 The California coastal ESU includes all naturally spawned populations of Chinook salmon from the Klamath River (exclusive) to the Russian River (inclusive). Adult numbers depend on pool depth and volume, amount of cover, and proximity to gravel. Water temperatures greater than 27°C are lethal. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map and the FSSC Range Map. Not Present. There are no recommendations for this species. Insects obscure bumble bee Bombus caliginosus IUCN: VU G4? S1S2 Bombus caliginosus inhabits open grassy coastal prairies and Coast Range meadows. Nesting occurs underground as well as above ground in abandoned bird nests. Males patrol circuits in search of mates. This species is classified as a medium long-tongued species, whose food plants include Ceanothus, Cirsium, Clarkia, Keckiella, Lathyrus, Lotus, Lupinus, Rhododendron, Rubus, Trfolium, and Vaccinium. Low Potential. The Study Area does not contain open meadows or coastal prairie and does not provide suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 391 of 592 Page 40 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS western bumble bee Bombus occidentalis SCE USFS: S Xerces: IM G2G3 S1 The habitat for this species is described as open grassy areas, urban parks and gardens, chaparral and shrub areas, and mountain meadows. typically nests underground in abandoned rodent burrows or other cavities Food plants of Bombus occidentalis include Ceanothus, Centaurea, Chrysothamnus, Cirsium, Geranium, Grindellia, Lupinus, Melilotus, Monardella, Rubus, Solidago, and Trifolium. Moderate Potential. The Study Area does not contain open meadows or grassland; however, grassland is present underneath the conifer and deciduous forest canopy. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. monarch – California overwintering pop. Danaus plexippus pop. 1 USFS: S G4T2T3 S2S3 D. plexippus are a migratory species, making massive migrations from August-October to hibernate along the California coast and central Mexico. D. plexippus feed on flower nectar from all milkweeds, dogbane, lilac, red clover, lantana, thistles, goldenrods, blazing stars, ironweed and tickseed sunflower. This species can be found in many habitats including fields, meadows, weedy areas, marshes and roadsides. Low Potential. The Study Area does not contain open meadows or grasslands and does not provide suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Mollusks western ridged mussel Gonidea angulata G3 S1S2 G. angulata inhabits cold creeks and streams from low-to-mid elevations that are seasonally and not continuously turbid. G. angulata requires a host species to reproduce and disperse and can be found in diverse substrates from firm mud to coarse particles. Documented fish hosts for this species include hardhead (Mylopharodon conocephalus), pit sculpin (Cottus pitensis), and Tule perch (Hysterocarpus traski). No Potential. The Study Area does not contain fish bearing water bodies suitable for this species and does provide suitable habitat for this species. Gibson Creek (approximately 1,000 feet south) may provide suitable habitat to contain this species. Not Present. There are no recommendations for this species. Page 392 of 592 Page 41 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS Mammals pallid bat Antrozous pallidus BLM: S CDFW: SSC IUCN: LC USFS: S WBWG: H G4 S4 A. pallidus are found in deserts, grasslands, shrublands, woodlands, and forests. Most common in open, forages along river channels. Roosting sites include crevices in rocky outcrops and cliffs, caves, mines, basal hollows in large conifers and various human structures such as bridges, barns, and buildings (including occupied buildings). Roosts must protect bats from high temperatures. Very sensitive to disturbance of roosting sites. Low Potential. Habitat within the Study Area ranks Low (0.11) in suitability according to the CWHR Predicted Habitat Suitability Map. Suitable foraging habitat is not present throughout the Study Area; and roosting habitat is limited. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Sonoma tree vole Arborimus pomo CDFW: SSC IUCN: NT G3 S3 A. pomo lives in humid coastal forests consisting of Douglas-fir, grand fir, western hemlock, and/or Sitka spruce. This species requires Douglas-fir and grand fir needles as a food source and nesting materials. Nests are frequently found in trees along the bole, in branch crotches, or in the top of snags. Nests are most often found along roads, skid trails, or forest edges; however, they could exist further in the forest with dense canopies making nest identification difficult. This species is distributed along the North Coast from Sonoma County north to the Oregon border, being practically restricted to the fog belt. Moderate Potential. Habitat within the Study Area is not suitable in some areas, ranking Low (0.33) to Medium (0.66) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area does contain Douglas- fir trees and may provide suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 393 of 592 Page 42 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS Townsend’s big-eared bat Corynorhinus townsendii BLM: S CDFW: SSC IUCN: LC USFS: S WBWG: H G4 S2 C. townsendii is associated with a wide variety of habitats from deserts to mid-elevation mixed coniferous-deciduous forest, basal hollows in large conifers. Females form maternity colonies in buildings, caves and mines and males roost singly or in small groups. Foraging occurs in open forest habitats where they glean moths from vegetation. Low Potential. Habitat within the Study Area ranks Low (0.11) in suitability according to the CWHR Predicted Habitat Suitability Map. Suitable foraging habitat is not present throughout the Study Area; and roosting habitat is limited. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. North American porcupine Erethizon dorsatum IUCN: LC G5 S3 E. dorsatum are commonly found in coniferous and mixed forested areas, and can also inhabit shrublands, tundra and deserts, albeit less frequently as this species tends to spend much of its time in trees. This herbivore eats leaves, twigs, and green plants like Skunk cabbage (Symplocarpus foetidus) and clovers (Trifolium spp.). This species makes its dens in hollow trees, decaying logs and caves in rocky areas. Recognized as primarily solitary and nocturnal, E. dorsatum may be seen foraging during daytime. Moderate Potential. Habitat within the Study Area is ranked Low (0.33) to Medium (0.55) to High (0.77) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 394 of 592 Page 43 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS western mastiff bat Eumops perotis californicus BLM: S CDFW: SSC WBWG: H G4G5T4 S3S4 E. perotis californicus occurs in a wide variety of habitats, including chaparral, coastal and desert scrub, coniferous and deciduous forest and woodland. Roosting sites occur in rocky outcrops, crevices and cliffs with 50-100% rocky slopes. Day roosts are established in crevices in rocky canyons and cliffs, trees, tunnels and buildings with a minimum 2-meter (6.5 foot) drop-off to provide a takeoff or launching area. The animals are strong, fast fliers, with a likely extensive foraging range, up to 15 miles from the nearest possible roosting site. Foraging occurs in broad, open areas, woodlands and forest, scrub, chaparral, grassland, riparian and agricultural areas and there is no evidence of this species being habitat specialists. No Potential. The Study Area is outside the known distribution range for this species according to the CWHR Predicted Habitat Suitability Map. Not Present. There are no recommendations for this species. western red bat Lasiurus blossevillii CDFW: SSC IUCN: LC WBWG: H G4 S3 L. blossevillii roosts primarily in trees, often 2- 40ft above the ground from sea level through mixed conifer forests. Typical habitats include cismontane woodland, lower montane coniferous forest, riparian forests and woodlands. This species prefers habitat edges and mosaics with trees that are protected from above and open below with open areas for foraging. Moderate Potential. Habitat within the Study Area is ranked Medium (0.55) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. hoary bat Lasiurus cinereus IUCN: LC WBWG: M G3G4 S3 L. cinereus are yearlong residents of Mendocino County. This bat is one of the few bats knows to both migrate south for winter and to hibernate locally. Hoary bat daytime roosts are typically dense foliage of medium to large sized trees. This bat occupies a variety of habitats including dense forest, forest edges, coniferous forests, deserts, and broadleaf forests. Moderate Potential. Habitat within the Study Area is ranked Moderate (0.55) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 395 of 592 Page 44 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS little brown bat Myotis lucifugus (San Bernardino Mountains population) IUCN: EN WBWG: M G3 S2S3 M. lucifugus is found in most of the United States and Canada, except for the south central and southeastern United States and northern Alaska and Canada. M. lucifugus typically lives and feeds in forested areas near or over water. The little brown bat lives in three different roosting sites throughout the year: day roosts, night roosts, and hibernation roosts. Stable, ambient temperatures greatly influence site selection. Human-made structures are often selected, however both day and night roosts may be found in trees, under rocks, and in piles of wood. Day roosts provide excellent shelter, limited to no light, and typically have southwestern exposure. Night roosts are larger areas these bats can use when outside temperatures necessitate communal congregation for warmth. Hibernaculum habitats tend to include mines and caves and are typically warmer and more humid. Low Potential. Habitat within the Study Area is ranked Low (0.33) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. Suitable foraging habitat is not present throughout the Study Area; and roosting habitat is limited. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Yuma myotis Myotis yumanensis BLM: S IUCN: LC WBWG: LM G5 S4 M. yumanensis commonly inhabits open forests and woodlands from British Columbia across the western U.S. and south into Baja and southern Mexico. This species will use a variety of lowland habitats from scrub to coniferous forest, always near slow-moving or standing water habitats. Foraging occurs almost exclusively over water, with distribution being closely tied to bodies of water. Typical roosting habitat are caves, mines, buildings, under bridges and in cliff and tree crevices. Maternity colonies are often in caves, mines, buildings and crevices. Low Potential. Habitat within the Study Area is ranked Low (0.22) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. Suitable foraging habitat is not present throughout the Study Area; and roosting habitat is limited. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 396 of 592 Page 45 of 61 SPECIES STATUS* HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA RECOMMENDATIONS fisher [West Coast DPS] Pekania pennanti CDFW: SSC USFS: S BLM: S G5 S2S3 P. pennanti are primarily solitary, except during breeding season (February – April and they inhabit forest stands with late- successional characteristics including intermediate-to-large tree stages of coniferous forest and deciduous-riparian areas with high percent canopy closure. Den site and prey availability are often associated with these characteristics. P. pennanti use cavities, snags, logs and rocky areas for cover and denning and require large areas of mature, dense forest. Moderate Potential. Habitat within the Study Area is ranked Low (0.33) to Medium (0.66) to High (0.88) within the conifer forest habitat according to the CWHR Predicted Habitat Suitability Map. The Study Area may contain suitable habitat for this species; however, large old growth trees are not present. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. American badger Taxidea taxus CDFW: SSC IUCN: LC G5 S3 T. taxus are most abundant in drier open stages of most shrub, forest and herbaceous habitats, with friable soils. T. taxus dig burrows in the friable soils and frequently reuse old burrows. T. taxus are non-migratory and are found throughout most of California, except the northern North Coast area. No Potential. The Study Area does not have suitable habitat present according to the CWHR Predicted Habitat Suitability Map. Small patches of suitable habitat are present within the surrounding area. Not Present. There are no recommendations for this species. Reptiles western pond turtle Emys marmorata BLM: S CDFW: SSC IUCN: VU USFS: S G3G4 S3 E. marmorata are associated with permanent ponds, lakes, streams, stock ponds, marshes, seasonal wetlands, artificial areas including reservoirs or irrigation ditches, or permanent pools along intermittent streams in a wide variety of habitats. This species requires basking sites in the aquatic environment or upland, grassy openings with loose soil for nesting and overwintering. Nest sites can be found within 100 meters of aquatic habitat. Low Potential. Habitat within the Study Area is ranked Low (0.33) according to the CWHR Predicted Habitat Suitability Map. There are no watercourses or ponds located within the Study Area. The Study Area does not provide suitable habitat for this species. Not Observed. This species was not observed during the biological assessment. Please see section 6.2 for further recommendations. Page 397 of 592 Page 46 of 61 TERRESTRIAL OR AQUATIC COMMUNITY HABITAT REQUIREMENTS POTENTIAL TO OCCUR IN THE STUDY AREA AND RECOMMENDATIONS Northern Interior Cypress Forest – Terrestrial (Holland 1986) Description: An open, fire-maintained scrubby “forest” similar to Knobcone Pine Forest but dominated by one of several Cupressus species. These stands may be as much as 15m tall, but usually are lower. Site Factors: On dry, rocky, sterile, often ultramafic soils, frequently associated with Serpentine Chaparral. Intergrades on less sever sites with Upper Sonoran Mixed Chaparral, Montane Chaparral, or Knobcone Pine Forest; and on more mesic site with Mixed Evergreen Forest or Montane Coniferous Forest. Characteristic Species: Cupressus abramsiana (Santa Cruz Mountains, on sandstone), C. bakeri (Cascade and northern Sierra Nevada, on serpentine or aerated basic sites), C. macnabiana (North Coast Ranges and northern Sierra Nevada, on serpentine), C. sargentii (North and South Coast ranges, on serpentine), Pinus attenuata, Quercus durata Distribution: Scattered through the Siskiyou Mountains, North and South Coast Ranges, Cascades and northern Sierra Nevada. Combining the four species into a single element is open to question but does reflect a common pattern of occurring on serpentine or other sterile substrate and moisture status intermediate between mesic Coastal Closed Cone Conifer Forests and xeric Southern Interior Cypress Forests. No Potential. The Study Area is located predominantly within cismontane woodland and valley and foothill grassland and does contain Knobcone pine; however, serpentine soil or chaparral habitat is not present. It is unlikely for this terrestrial community to be present within the Study Area. Not Present. This community was not observed during the biological assessment. There are no further recommendations for this community. Serpentine Bunchgrass (Holland 1986) Description: An open grassland dominated by perennial bunchgrasses. Total cover typically is low but is markedly dominated by native species (usually much more so than in Valley Needlegrass Grassland or Non-native Grasslands. Site Factors: Restricted to serpentine sites. Characteristic Species: Bromus hordeaceus, Calamagrostis ophiditis, Eschscholtzia californica, Pestuca grayii, Hemizonia luzulaefolia, Lotus subpinnatus, Melica californica, Poa scabrella, Stipa cernua, S. lepida, S. pulchra, Vulpia microstachys Distribution: Scattered widely through the Coast Ranges, less common in the Sierra Nevada and southern California mountains. No Potential. The Study Area is located within cismontane woodland, broadleaved upland forest and valley and foothill grassland; however, serpentine soil is not present. It is unlikely for this terrestrial community to be present within the Study Area. Not Present. This community was not observed during the biological assessment. There are no further recommendations for this community. Page 398 of 592 Page 47 of 61 Abbreviation Organization FC Federal Candidate FE Federal Endangered FT Federal Threatened FPE Federally Proposed for listing as Endangered FPT Federally Proposed for listing as Threatened FPD Federally Proposed for delisting FD Federally Delisted SE State Endangered ST State Threatened SR State Rare SCE State Candidate for listing as Endangered SCT State Candidate for listing as Threatened SCD State Candidate for delisting SD State Delisted AFS_EN American Fisheries Society - Endangered AFS_TH American Fisheries Society - Threatened AFS_VU American Fisheries Society – Vulnerable BLM_S Bureau of Land Management – Sensitive BCC USFWS Birds of Conservation Concern CDF_S Calif. Dept. of Forestry & Fire Protection – Sensitive CDFW_SSC Calif. Dept. of Fish & Wildlife – Species of Special Concern CDFW_FP Calif. Dept. of Fish & Wildlife – Fully Protected CDFW_WL Calif. Dept. of Fish & Wildlife – Watch List IUCN_CD IUCN – Conservation Dependent IUCN_CR IUCN – Critically Endangered IUCN_DD IUCN – Data Deficient IUCN_EN IUCN – Endangered IUCN_EW IUCN – Extinct in the Wild IUCN_EX IUCN – Extinct IUCN_LC IUCN – Least Concern IUCN_NE IUCN – Not Evaluated IUCN_NT IUCN – Near Threatened IUCN_VU IUCN – Vulnerable NABCI_RWL North American Bird Conservation Initiative – Red Watch List NABCI_YWL North American Bird Conservation Initiative – Yellow Watch List NMFS_SC National Marine Fisheries Service – Species of Concern USFS_S U. S. Forest Service – Sensitive USFWS_BCC U. S. Fish & Wildlife Service – Birds of Conservation Concern WBWG_H Western Bat Working Group – High Priority Page 399 of 592 Page 48 of 61 Abbreviation Organization WBWG_MH Western Bat Working Group – Medium-High Priority WBWG_M Western Bat Working Group – Medium Priority WBWG_LM Western Bat Working Group – Low-Medium Priority Xerces: CI Xerces Society – Critically Imperiled Xerces: IM Xerces Society – Imperiled Xerces: VU Xerces Society – Vulnerable Xerces: DD Xerces Society – Data Deficient Global Rank The Global Rank (G-rank) is an indication of the overall condition and imperilment of an element throughout its global range. It is a letter+number score that reflects a combination of Rarity, Threat and Trend factors, with weighting being heavier on the rarity factors. The Global Ranks are assigned by NatureServe in coordination with the state program(s) where the element occurs. GLOBAL RANK DEFINITION GX Presumed Extinct — Not located despite intensive searches and virtually no likelihood of rediscovery. GH Possibly Extinct — Known from only historical occurrences but still some hope of rediscovery. There is evidence that the species may be extinct or the ecosystem may be eliminated throughout its range, but not enough to state this with certainty. G1 Critically Imperiled — At very high risk of extinction due to extreme rarity (often 5 or fewer populations), very steep declines, very restricted range, very severe threats, or other factors. G2 Imperiled — At high risk of extinction due to restricted range, very few populations or occurrences (often 20 or fewer), steep declines, severe threats, or other factors. G3 Vulnerable — At moderate risk of extinction or elimination due to a fairly restricted range, relatively few populations (often 80 or fewer), recent and widespread declines, threats, or other factors. G4 Apparently Secure — At fairly low risk of extinction due to an extensive range and/or many populations or occurrences, but with possible cause for some concern as a result of local recent declines, threats, or other factors. G5 Secure — At very low risk of extinction due to a very extensive range, abundant populations or occurrences, and little to no concern from declines or threats. GNR Unranked — Global rank not yet assessed. GU Unrankable — Currently unrankable due to a lack of information or due to substantially conflicting information about status or trends. G#G# Range Rank — A numeric range rank (e.g., G2G3) is used to indicate the range of uncertainty about the exact status of a taxon or community. G#T# Infraspecific Taxon — The status of infraspecific taxa (subspecies or varieties) are indicated by a "T-rank" following the species' Global Rank. ? Qualifier: Inexact Numeric Rank — A question mark represents a rank qualifier, denoting an inexact or uncertain numeric rank. Page 400 of 592 Page 49 of 61 Q Qualifier: Questionable Taxonomy — The distinctiveness of this entity as a taxon or community at the current level is questionable; resolution of this uncertainty may result in change from a species to a subspecies or hybrid, or inclusion of this taxon or type in another taxon or type, with the resulting taxon having a lower-priority (numerically higher) conservation status rank. C Qualifier: Captive or Cultivated Only — The taxon or community at present is presumed or possibly extinct or eliminated in the wild across its entire native range but is extant in cultivation, in captivity, as a naturalized population (or populations) outside its native range, or as a reintroduced population or ecosystem restoration, not yet established. State Rank The State Rank (S-rank) is an indication of the condition and imperilment of an element throughout its range within the state. As with the G-rank, it is a letter+number score that reflects a combination of Rarity, Threat and Trend factors, weighted more heavily on rarity. The State Ranks are assigned by the CNDDB biologists using standard natural heritage methodology. STATE RANK DESCRIPTION SX Presumed Extirpated — Species is believed to be extirpated from the state. Not located despite intensive searches of historical sites and other appropriate habitat, and virtually no likelihood that it will be rediscovered. SH Possibly Extirpated (Historical) — Species occurred historically in the state, and there is some possibility that it may be rediscovered. All sites are historical; the element has not been seen for at least 20 years, but suitable habitat still exists. S1 Critically Imperiled — Critically imperiled in the state because of extreme rarity (often 5 or fewer occurrences) or because of some factor(s) such as very steep declines making it especially vulnerable to extirpation from the state. S2 Imperiled — Imperiled in the state because of rarity due to very restricted range, very few populations (often 20 or fewer), steep declines, or other factors making it very vulnerable to extirpation from the nation or state. S3 Vulnerable — Vulnerable in the state due to a restricted range, relatively few populations (often 80 or fewer), recent and widespread declines, or other factors making it vulnerable to extirpation. S4 Apparently Secure — At a fairly low risk of extirpation in the state due to an extensive range and/or many populations or occurrences, but with possible cause for some concern as a result of local recent declines, threats, or other factors. S5 Secure — At very low or no risk of extirpation in the state due to a very extensive range, abundant populations or occurrences, and little to no concern from declines or threats. SNR Unranked — State conservation status not yet assessed. SU Unrankable — Currently unrankable due to a lack of information or due to substantially conflicting information about status or trends. S#S# Range Rank — A numeric range rank (e.g., S2S3) is used to indicate any range of uncertainty about the status of the species or community. ? Qualifier: Inexact or Uncertain — A question mark represents a rank qualifier, denoting an inexact or uncertain numeric rank. Page 401 of 592 Page 50 of 61 Potential to Occur: No Potential. Habitat on and within 100 feet adjacent to the site is clearly unsuitable for the species requirements (cover, substrate, elevation, hydrology, plant community, site history, disturbance regime). Low Potential. Few of the habitat components meeting the species requirements are present, and/or the majority of habitat on and within 100 feet adjacent to the site is unsuitable or of very poor quality. The species is not likely to be found on the site. Moderate Potential. Some of the habitat components meeting the species requirements are present, and/or only some of the habitat on or within 100 feet adjacent to the site is unsuitable. The species has a moderate probability of being found on the site. High Potential. All of the habitat components meeting the species requirements are present and/or most of the habitat on or within 100 feet adjacent to the site is highly suitable. The species has a high probability of being found on the site. Results and Recommendations: Present. Species was observed on the site or has been recorded (i.e. CNDDB, other reports) on the site recently. Not Present. Species is assumed to not be present due to a lack of key habitat components. Not Observed. Species was not observed during surveys. Page 402 of 592 Page 51 of 61 Appendix B: List of Species Observed Page 403 of 592 Page 52 of 61 SCIENTIFIC NAME COMMON NAME Wildlife Amphibians N/A - Avifauna Corvus corax common raven Junco hyemalis dark-eyed junco Melanerpes formicivorous acorn woodpecker SCIENTIFIC NAME COMMON NAME Fish N/A - Insects N/A - Mammals Odocoileus hemionus mule deer Mollusks N/A - Reptiles N/A - Page 404 of 592 Page 53 of 61 Appendix C: Photographs Page 405 of 592 Page 54 of 61 Photo 1: Example habitat present within the Study Area. Date: November 18, 2021 Page 406 of 592 Page 55 of 61 Photo 2: Example habitat present within the Study Area. Date: November 18, 2021 Page 407 of 592 Page 56 of 61 Photo 3: Example habitat present within the Study Area. Date: November 18, 2021 Page 408 of 592 Page 57 of 61 Photo 4: Example habitat present within the Study Area. Date: November 18, 2021 Page 409 of 592 Page 58 of 61 Photo 5: Example habitat present within the Study Area. Date: November 18, 2021 Page 410 of 592 Page 59 of 61 Appendix D: Maps Page 411 of 592 Copyright:© 2013 National Geographic Society, i-cubed Property Boundary Upper City View Trail Biological Resource Assessment: Vicinity Applicant: City of Ukiah Site Address: 842 Valley View Dr, Ukiah, CA 95482 APN(s): 001-020-12, 001-030-01 Parcel Area Acreage: 85.97 Sections 18 and 19, T15N, R12W, MDBM Ukiah USGS 7.5 Minute Quadrangle Map: 1 of 7Drawn by Evan Carlson 0 1 20.5 Miles Page 412 of 592 Upper City View Trail Biological Resource Assessment: Study Area Applicant: City of Ukiah Site Address: 842 Valley View Dr, Ukiah, CA 95482 APN(s): 001-020-12, 001-030-01 Parcel Area Acreage: 85.97 Sections 18 and 19, T15N, R12W, MDBM Ukiah USGS 7.5 Minute Quadrangle Map: 2 of 7 Drawn by Evan Carlson 108 0 960 1 4 0 0 1080 1000 1120 1200 1160 1360 148 0 13 2 0 1 4 0 0 1040 1240 1280 14 4 0 1000 10 0 0 84 0 960 104 0 84 0 1 4 0 0 880 13 6 0 88 0 132 0 920 1 2 8 0 960 124 0 1 0 0 0 104 0 1120 1160 108 0 1 2 0 0 Maxar, Microsoft Contour Property Boundary Trail 100ft Buffer 0 250 500125 Feet Page 413 of 592 Property Boundary Trail 5-mile Buffer CNDDB Plant (80m) Plant (specific) Plant (non-specific) Plant (circular) Animal (80m) Animal (specific) Animal (non-specific) Animal (circular) Terrestrial Comm. (80m) Terrestrial Comm. (specific) Terrestrial Comm. (non-specific) Terrestrial Comm. (circular) Aquatic Comm. (80m) Aquatic Comm. (specific) Aquatic Comm. (non-specific) Aquatic Comm. (circular) Multiple (80m) Multiple (specific) Multiple (non-specific) Multiple (circular) Sensitive EO's (Commercial only) Upper City View Trail Biological Resource Assessment: CNDDB Vicinity Applicant: City of Ukiah Site Address: 842 Valley View Dr, Ukiah, CA 95482 APN(s): 001-020-12, 001-030-01 Parcel Area Acreage: 85.97 Sections 18 and 19, T15N, R12W, MDBM Ukiah USGS 7.5 Minute Quadrangle Map: 3 of 7Drawn by Evan Carlson Arctostaphylos stanfordiana ssp. raichei Taricha rivularis Taricha rivularis Rana boylii Grimmia torenii Taricha rivularis Taricha rivularis Rana boylii Malacothamnus mendocinensis Arctostaphylos stanfordiana ssp. raichei Erethizon dorsatum Taricha rivularisPandion haliaetus Arctostaphylos stanfordiana ssp. raichei Rana boylii Rana boylii Rana boylii Rana boylii Erethizon dorsatum Emys marmorata Rana boylii Rana boylii Rana boylii Emys marmorata Rana boylii Taricha rivularis Rana boylii Rana boylii Rana boylii Taricha rivularis Rana boylii Pleuropogon hooverianus Pleuropogon hooverianus Pleuropogon hooverianus Pleuropogon hooverianus Rana boylii Taricha rivularis Rana boylii Arctostaphylos stanfordiana ssp. raichei Rana boylii Emys marmorata Rana boylii Rana boylii Navarretia leucocephala ssp. bakeri Limnanthes bakeri Pleuropogon hooverianus Pleuropogon hooverianus Maxar 0 1.5 30.75 Miles Page 414 of 592 Soil Map—Mendocino County, Eastern Part and Southwestern Part of Trinity County, California (City of Ukiah Upper City View Trail) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/16/2021 Page 1 of 3 43 3 3 6 0 0 43 3 3 7 0 0 43 3 3 8 0 0 43 3 3 9 0 0 43 3 4 0 0 0 43 3 4 1 0 0 43 3 4 2 0 0 43 3 4 3 0 0 43 3 4 4 0 0 43 3 3 6 0 0 43 3 3 7 0 0 43 3 3 8 0 0 43 3 3 9 0 0 43 3 4 0 0 0 43 3 4 1 0 0 43 3 4 2 0 0 43 3 4 3 0 0 43 3 4 4 0 0 479800 479900 480000 480100 480200 480300 480400 480500 480600 480700 480800 480900 481000 479800 479900 480000 480100 480200 480300 480400 480500 480600 480700 480800 480900 481000 39° 9' 31'' N 12 3 ° 1 4 ' 3 ' ' W 39° 9' 31'' N 12 3 ° 1 3 ' 8 ' ' W 39° 9' 4'' N 12 3 ° 1 4 ' 3 ' ' W 39° 9' 4'' N 12 3 ° 1 3 ' 8 ' ' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 10N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:6,030 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. Page 415 of 592 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mendocino County, Eastern Part and Southwestern Part of Trinity County, California Survey Area Data: Version 16, Sep 6, 2021 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: May 5, 2019—Jun 3, 2019 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Mendocino County, Eastern Part and Southwestern Part of Trinity County, California (City of Ukiah Upper City View Trail) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/16/2021 Page 2 of 3Page 416 of 592 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 141 Hopland loam, 30 to 50 percent slopes, high ffd 34.6 34.9% 144 Hopland-Maymen-Etsel complex, 50 to 75 percent slopes 2.5 2.6% 151 Hopland-Wohly loams, 50 to 75 percent slopes 46.6 47.0% 210 Urban land 15.4 15.5% Totals for Area of Interest 99.1 100.0% Soil Map—Mendocino County, Eastern Part and Southwestern Part of Trinity County, California City of Ukiah Upper City View Trail Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/16/2021 Page 3 of 3 Page 417 of 592 Property Boundary Trail 100ft Buffer CalVeg Type: Pacific Douglas-fir Interior Mixed Woodland Oregon White Oak Annual Forbs and Grasses Non-Native/Ornamental Grasses Blue Oak Urban/Developed (General) Upper City View Trail Biological Resource Assessment: CalVeg Classification Applicant: City of Ukiah Site Address: 842 Valley View Dr, Ukiah, CA 95482 APN(s): 001-020-12, 001-030-01 Parcel Area Acreage: 85.97 Sections 18 and 19, T15N, R12W, MDBM Ukiah USGS 7.5 Minute Quadrangle Map: 5 of 7Drawn by Evan Carlson UB DF QG QGQD DF DF DF DF DF DF DF QG QG QG QD NX NX QG QD Maxar, Microsoft 0 200 400100 Feet Page 418 of 592 Maxar, Microsoft MCV2 Community Douglas-fir forest and woodland Oregon white oak forest and woodland Trail 100ft Buffer Property Boundary Upper City View Trail Biological Resource Assessment: MCV2 Community Applicant: City of Ukiah Site Address: 842 Valley View Dr, Ukiah, CA 95482 APN(s): 001-020-12, 001-030-01 Parcel Area Acreage: 85.97 Sections 18 and 19, T15N, R12W, MDBM Ukiah USGS 7.5 Minute Quadrangle Map: 6 of 7Drawn by Evan Carlson 0 200 400100 Feet Page 419 of 592 PFOA R4SBC Maxar, Microsoft Wetland Type Freshwater Forested/Shrub Wetland Riverine Trail 100ft Buffer Property Boundary Upper City View Trail Biological Resource Assessment: National Wetland Inventory Applicant: City of Ukiah Site Address: 842 Valley View Dr, Ukiah, CA 95482 APN(s): 001-020-12, 001-030-01 Parcel Area Acreage: 85.97 Sections 18 and 19, T15N, R12W, MDBM Ukiah USGS 7.5 Minute Quadrangle Map: 7 of 7Drawn by Evan Carlson 0 410 820205 Feet Page 420 of 592 Page 60 of 61 Appendix E: Supporting Documents Page 421 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 1/12 CNDDB 9-Quad Species List 184 records. Element Type Scientific Name Common Name Element Code Federal Status State Status CDFW Status CA Rare Plant Rank Quad Code Quad Name Data Status Taxonomic Sort Animals - Amphibians Dicamptodon ensatus California giant salamander AAAAH01020 None None SSC -3912333 LAUGHLIN RANGE Unprocessed Animals - Amphibians - Dicamptodontidae - Dicamptodon ensatus Animals - Amphibians Rana aurora northern red-legged frog AAABH01021 None None SSC -3912333 LAUGHLIN RANGE Unprocessed Animals - Amphibians - Ranidae - Rana aurora Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912333 LAUGHLIN RANGE Mapped and Unprocessed Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912332 REDWOOD VALLEY Mapped and Unprocessed Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912331 POTTER VALLEY Mapped and Unprocessed Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912323 ORRS SPRINGS Mapped and Unprocessed Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912322 UKIAH Mapped and Unprocessed Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912321 COW MOUNTAIN Mapped Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912313 BOONVILLE Mapped Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912312 ELLEDGE PEAK Mapped and Unprocessed Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Rana boylii foothill yellow-legged frog AAABH01050 None Endangered SSC -3912311 PURDYS GARDENS Mapped and Unprocessed Animals - Amphibians - Ranidae - Rana boylii Animals - Amphibians Taricha rivularis red-bellied newt AAAAF02020 None None SSC -3912312 ELLEDGE PEAK Mapped Animals - Amphibians - Salamandridae - Taricha rivularis Animals - Amphibians Taricha rivularis red-bellied newt AAAAF02020 None None SSC -3912313 BOONVILLE Mapped Animals - Amphibians - Salamandridae - Taricha rivularis Animals - Amphibians Taricha rivularis red-bellied newt AAAAF02020 None None SSC -3912321 COW MOUNTAIN Mapped Animals - Amphibians - Salamandridae - Taricha rivularis Animals - Amphibians Taricha rivularis red-bellied newt AAAAF02020 None None SSC -3912322 UKIAH Mapped and Unprocessed Animals - Amphibians - Salamandridae - Taricha rivularis Animals - Amphibians Taricha rivularis red-bellied newt AAAAF02020 None None SSC -3912323 ORRS SPRINGS Mapped and Unprocessed Animals - Amphibians - Salamandridae - Taricha rivularis Animals - Amphibians Taricha rivularis red-bellied newt AAAAF02020 None None SSC -3912333 LAUGHLIN RANGE Mapped and Unprocessed Animals - Amphibians - Salamandridae - Taricha rivularis Animals - Birds Accipiter gentilis northern goshawk ABNKC12060 None None SSC -3912331 POTTER VALLEY Mapped Animals - Birds - Accipitridae - Accipiter gentilis Page 422 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 2/12 Animals - Birds Aquila chrysaetos golden eagle ABNKC22010 None None FP , WL -3912321 COW MOUNTAIN Unprocessed Animals - Birds - Accipitridae - Aquila chrysaetos Animals - Birds Aquila chrysaetos golden eagle ABNKC22010 None None FP , WL -3912311 PURDYS GARDENS Unprocessed Animals - Birds - Accipitridae - Aquila chrysaetos Animals - Birds Circus hudsonius northern harrier ABNKC11011 None None SSC -3912311 PURDYS GARDENS Unprocessed Animals - Birds - Accipitridae - Circus hudsonius Animals - Birds Elanus leucurus white-tailed kite ABNKC06010 None None FP -3912332 REDWOOD VALLEY Unprocessed Animals - Birds - Accipitridae - Elanus leucurus Animals - Birds Ardea alba great egret ABNGA04040 None None --3912322 UKIAH Unprocessed Animals - Birds - Ardeidae - Ardea alba Animals - Birds Ardea herodias great blue heron ABNGA04010 None None --3912322 UKIAH Unprocessed Animals - Birds - Ardeidae - Ardea herodias Animals - Birds Agelaius tricolor tricolored blackbird ABPBXB0020 None Threatened SSC -3912331 POTTER VALLEY Mapped Animals - Birds - Icteridae - Agelaius tricolor Animals - Birds Icteria virens yellow-breasted chat ABPBX24010 None None SSC -3912331 POTTER VALLEY Unprocessed Animals - Birds - Icteriidae - Icteria virens Animals - Birds Icteria virens yellow-breasted chat ABPBX24010 None None SSC -3912332 REDWOOD VALLEY Unprocessed Animals - Birds - Icteriidae - Icteria virens Animals - Birds Icteria virens yellow-breasted chat ABPBX24010 None None SSC -3912322 UKIAH Unprocessed Animals - Birds - Icteriidae - Icteria virens Animals - Birds Icteria virens yellow-breasted chat ABPBX24010 None None SSC -3912321 COW MOUNTAIN Unprocessed Animals - Birds - Icteriidae - Icteria virens Animals - Birds Icteria virens yellow-breasted chat ABPBX24010 None None SSC -3912312 ELLEDGE PEAK Unprocessed Animals - Birds - Icteriidae - Icteria virens Animals - Birds Pandion haliaetus osprey ABNKC01010 None None WL -3912311 PURDYS GARDENS Mapped Animals - Birds - Pandionidae - Pandion haliaetus Animals - Birds Pandion haliaetus osprey ABNKC01010 None None WL -3912322 UKIAH Mapped Animals - Birds - Pandionidae - Pandion haliaetus Animals - Birds Pandion haliaetus osprey ABNKC01010 None None WL -3912331 POTTER VALLEY Unprocessed Animals - Birds - Pandionidae - Pandion haliaetus Animals - Birds Setophaga petechia yellow warbler ABPBX03010 None None SSC -3912331 POTTER VALLEY Unprocessed Animals - Birds - Parulidae - Setophaga petechia Animals - Birds Setophaga petechia yellow warbler ABPBX03010 None None SSC -3912312 ELLEDGE PEAK Unprocessed Animals - Birds - Parulidae - Setophaga petechia Animals - Birds Ammodramus savannarum grasshopper sparrow ABPBXA0020 None None SSC -3912311 PURDYS GARDENS Mapped Animals - Birds - Passerellidae - Ammodramus savannarum Animals - Birds Melanerpes lewis Lewis' woodpecker ABNYF04010 None None --3912312 ELLEDGE PEAK Unprocessed Animals - Birds - Picidae - Melanerpes lewis Page 423 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 3/12 Animals - Birds Melanerpes lewis Lewis' woodpecker ABNYF04010 None None --3912322 UKIAH Unprocessed Animals - Birds - Picidae - Melanerpes lewis Animals - Birds Strix occidentalis caurina Northern Spotted Owl ABNSB12011 Threatened Threatened --3912313 BOONVILLE Mapped Animals - Birds - Strigidae - Strix occidentalis caurina Animals - Birds Strix occidentalis caurina Northern Spotted Owl ABNSB12011 Threatened Threatened --3912323 ORRS SPRINGS Mapped Animals - Birds - Strigidae - Strix occidentalis caurina Animals - Birds Strix occidentalis caurina Northern Spotted Owl ABNSB12011 Threatened Threatened --3912331 POTTER VALLEY Mapped Animals - Birds - Strigidae - Strix occidentalis caurina Animals - Birds Strix occidentalis caurina Northern Spotted Owl ABNSB12011 Threatened Threatened --3912332 REDWOOD VALLEY Mapped Animals - Birds - Strigidae - Strix occidentalis caurina Animals - Birds Strix occidentalis caurina Northern Spotted Owl ABNSB12011 Threatened Threatened --3912333 LAUGHLIN RANGE Mapped Animals - Birds - Strigidae - Strix occidentalis caurina Animals - Fish Cottus asper ssp.Clear Lake prickly sculpin AFC4E02021 None None SSC -3912321 COW MOUNTAIN Unprocessed Animals - Fish - Cottidae - Cottus asper ssp. Animals - Fish Hesperoleucus venustus navarroensis northern coastal roach AFCJB19031 None None SSC -3912333 LAUGHLIN RANGE Unprocessed Animals - Fish - Cyprinidae - Hesperoleucus venustus navarroensis Animals - Fish Hesperoleucus venustus navarroensis northern coastal roach AFCJB19031 None None SSC -3912323 ORRS SPRINGS Unprocessed Animals - Fish - Cyprinidae - Hesperoleucus venustus navarroensis Animals - Fish Hysterocarpus traskii lagunae Clear Lake tule perch AFCQK02013 None None SSC -3912321 COW MOUNTAIN Mapped Animals - Fish - Embiotocidae - Hysterocarpus traskii lagunae Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912321 COW MOUNTAIN Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912312 ELLEDGE PEAK Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912322 UKIAH Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912323 ORRS SPRINGS Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912331 POTTER VALLEY Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Page 424 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 4/12 Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912332 REDWOOD VALLEY Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912333 LAUGHLIN RANGE Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Animals - Fish Hysterocarpus traskii pomo Russian River tule perch AFCQK02011 None None SSC -3912311 PURDYS GARDENS Unprocessed Animals - Fish - Embiotocidae - Hysterocarpus traskii pomo Animals - Fish Entosphenus tridentatus Pacific lamprey AFBAA02100 None None SSC -3912333 LAUGHLIN RANGE Unprocessed Animals - Fish - Petromyzontidae - Entosphenus tridentatus Animals - Fish Entosphenus tridentatus Pacific lamprey AFBAA02100 None None SSC -3912323 ORRS SPRINGS Unprocessed Animals - Fish - Petromyzontidae - Entosphenus tridentatus Animals - Fish Oncorhynchus kisutch pop. 2 coho salmon - southern Oregon / northern California ESU AFCHA02032 Threatened Threatened --3912333 LAUGHLIN RANGE Unprocessed Animals - Fish - Salmonidae - Oncorhynchus kisutch pop. 2 Animals - Fish Oncorhynchus kisutch pop. 4 coho salmon - central California coast ESU AFCHA02034 Endangered Endangered --3912322 UKIAH Unprocessed Animals - Fish - Salmonidae - Oncorhynchus kisutch pop. 4 Animals - Fish Oncorhynchus kisutch pop. 4 coho salmon - central California coast ESU AFCHA02034 Endangered Endangered --3912313 BOONVILLE Unprocessed Animals - Fish - Salmonidae - Oncorhynchus kisutch pop. 4 Animals - Fish Oncorhynchus mykiss irideus pop. 16 steelhead - northern California DPS AFCHA0209Q Threatened None --3912313 BOONVILLE Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 16 Animals - Fish Oncorhynchus mykiss irideus pop. 16 steelhead - northern California DPS AFCHA0209Q Threatened None --3912323 ORRS SPRINGS Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 16 Animals - Fish Oncorhynchus mykiss irideus pop. 16 steelhead - northern California DPS AFCHA0209Q Threatened None --3912333 LAUGHLIN RANGE Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 16 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912333 LAUGHLIN RANGE Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912332 REDWOOD VALLEY Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Page 425 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 5/12 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912323 ORRS SPRINGS Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912322 UKIAH Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912321 COW MOUNTAIN Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912313 BOONVILLE Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912312 ELLEDGE PEAK Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Animals - Fish Oncorhynchus mykiss irideus pop. 8 steelhead - central California coast DPS AFCHA0209G Threatened None --3912311 PURDYS GARDENS Unprocessed Animals - Fish - Salmonidae - Oncorhynchus mykiss irideus pop. 8 Animals - Fish Oncorhynchus tshawytscha pop. 17 chinook salmon - California coastal ESU AFCHA0205S Threatened None --3912311 PURDYS GARDENS Unprocessed Animals - Fish - Salmonidae - Oncorhynchus tshawytscha pop. 17 Animals - Fish Oncorhynchus tshawytscha pop. 17 chinook salmon - California coastal ESU AFCHA0205S Threatened None --3912312 ELLEDGE PEAK Unprocessed Animals - Fish - Salmonidae - Oncorhynchus tshawytscha pop. 17 Animals - Fish Oncorhynchus tshawytscha pop. 17 chinook salmon - California coastal ESU AFCHA0205S Threatened None --3912322 UKIAH Unprocessed Animals - Fish - Salmonidae - Oncorhynchus tshawytscha pop. 17 Animals - Fish Oncorhynchus tshawytscha pop. 17 chinook salmon - California coastal ESU AFCHA0205S Threatened None --3912333 LAUGHLIN RANGE Unprocessed Animals - Fish - Salmonidae - Oncorhynchus tshawytscha pop. 17 Animals - Insects Bombus caliginosus obscure bumble bee IIHYM24380 None None --3912311 PURDYS GARDENS Mapped Animals - Insects - Apidae - Bombus caliginosus Animals - Insects Bombus occidentalis western bumble bee IIHYM24250 None None --3912321 COW MOUNTAIN Mapped and Unprocessed Animals - Insects - Apidae - Bombus occidentalis Animals - Mammals Arborimus pomo Sonoma tree vole AMAFF23030 None None SSC -3912313 BOONVILLE Mapped and Unprocessed Animals - Mammals - Cricetidae - Arborimus pomo Animals - Mammals Arborimus pomo Sonoma tree vole AMAFF23030 None None SSC -3912333 LAUGHLIN RANGE Mapped and Unprocessed Animals - Mammals - Cricetidae - Arborimus pomo Page 426 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 6/12 Animals - Mammals Arborimus pomo Sonoma tree vole AMAFF23030 None None SSC -3912331 POTTER VALLEY Unprocessed Animals - Mammals - Cricetidae - Arborimus pomo Animals - Mammals Erethizon dorsatum North American porcupine AMAFJ01010 None None --3912313 BOONVILLE Mapped and Unprocessed Animals - Mammals - Erethizontidae - Erethizon dorsatum Animals - Mammals Erethizon dorsatum North American porcupine AMAFJ01010 None None --3912312 ELLEDGE PEAK Mapped Animals - Mammals - Erethizontidae - Erethizon dorsatum Animals - Mammals Erethizon dorsatum North American porcupine AMAFJ01010 None None --3912322 UKIAH Mapped and Unprocessed Animals - Mammals - Erethizontidae - Erethizon dorsatum Animals - Mammals Erethizon dorsatum North American porcupine AMAFJ01010 None None --3912311 PURDYS GARDENS Mapped Animals - Mammals - Erethizontidae - Erethizon dorsatum Animals - Mammals Eumops perotis californicus western mastiff bat AMACD02011 None None SSC -3912332 REDWOOD VALLEY Unprocessed Animals - Mammals - Molossidae - Eumops perotis californicus Animals - Mammals Pekania pennanti Fisher AMAJF01020 None None SSC -3912332 REDWOOD VALLEY Mapped Animals - Mammals - Mustelidae - Pekania pennanti Animals - Mammals Pekania pennanti Fisher AMAJF01020 None None SSC -3912331 POTTER VALLEY Unprocessed Animals - Mammals - Mustelidae - Pekania pennanti Animals - Mammals Pekania pennanti Fisher AMAJF01020 None None SSC -3912311 PURDYS GARDENS Mapped Animals - Mammals - Mustelidae - Pekania pennanti Animals - Mammals Taxidea taxus American badger AMAJF04010 None None SSC -3912332 REDWOOD VALLEY Unprocessed Animals - Mammals - Mustelidae - Taxidea taxus Animals - Mammals Antrozous pallidus pallid bat AMACC10010 None None SSC -3912332 REDWOOD VALLEY Unprocessed Animals - Mammals - Vespertilionidae - Antrozous pallidus Animals - Mammals Antrozous pallidus pallid bat AMACC10010 None None SSC -3912331 POTTER VALLEY Unprocessed Animals - Mammals - Vespertilionidae - Antrozous pallidus Animals - Mammals Antrozous pallidus pallid bat AMACC10010 None None SSC -3912321 COW MOUNTAIN Mapped Animals - Mammals - Vespertilionidae - Antrozous pallidus Animals - Mammals Antrozous pallidus pallid bat AMACC10010 None None SSC -3912311 PURDYS GARDENS Unprocessed Animals - Mammals - Vespertilionidae - Antrozous pallidus Animals - Mammals Corynorhinus townsendii Townsend's big-eared bat AMACC08010 None None SSC -3912311 PURDYS GARDENS Mapped Animals - Mammals - Vespertilionidae - Corynorhinus townsendii Animals - Mammals Corynorhinus townsendii Townsend's big-eared bat AMACC08010 None None SSC -3912332 REDWOOD VALLEY Mapped and Unprocessed Animals - Mammals - Vespertilionidae - Corynorhinus townsendii Page 427 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 7/12 Animals - Mammals Corynorhinus townsendii Townsend's big-eared bat AMACC08010 None None SSC -3912331 POTTER VALLEY Unprocessed Animals - Mammals - Vespertilionidae - Corynorhinus townsendii Animals - Mammals Corynorhinus townsendii Townsend's big-eared bat AMACC08010 None None SSC -3912333 LAUGHLIN RANGE Unprocessed Animals - Mammals - Vespertilionidae - Corynorhinus townsendii Animals - Mammals Lasiurus blossevillii western red bat AMACC05060 None None SSC -3912332 REDWOOD VALLEY Unprocessed Animals - Mammals - Vespertilionidae - Lasiurus blossevillii Animals - Mammals Lasiurus cinereus hoary bat AMACC05030 None None --3912331 POTTER VALLEY Unprocessed Animals - Mammals - Vespertilionidae - Lasiurus cinereus Animals - Mammals Myotis lucifugus little brown bat AMACC01010 None None --3912311 PURDYS GARDENS Unprocessed Animals - Mammals - Vespertilionidae - Myotis lucifugus Animals - Mammals Myotis yumanensis Yuma myotis AMACC01020 None None --3912311 PURDYS GARDENS Unprocessed Animals - Mammals - Vespertilionidae - Myotis yumanensis Animals - Mollusks Gonidea angulata western ridged mussel IMBIV19010 None None --3912321 COW MOUNTAIN Mapped Animals - Mollusks - Unionidae - Gonidea angulata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912321 COW MOUNTAIN Mapped and Unprocessed Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912313 BOONVILLE Unprocessed Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912312 ELLEDGE PEAK Mapped Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912322 UKIAH Mapped and Unprocessed Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912331 POTTER VALLEY Mapped and Unprocessed Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912323 ORRS SPRINGS Unprocessed Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912332 REDWOOD VALLEY Mapped Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912333 LAUGHLIN RANGE Mapped and Unprocessed Animals - Reptiles - Emydidae - Emys marmorata Animals - Reptiles Emys marmorata western pond turtle ARAAD02030 None None SSC -3912311 PURDYS GARDENS Mapped and Unprocessed Animals - Reptiles - Emydidae - Emys marmorata Page 428 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 8/12 Community - Terrestrial Northern Interior Cypress Forest Northern Interior Cypress Forest CTT83220CA None None --3912311 PURDYS GARDENS Mapped Community - Terrestrial - Northern Interior Cypress Forest Community - Terrestrial Serpentine Bunchgrass Serpentine Bunchgrass CTT42130CA None None --3912311 PURDYS GARDENS Mapped Community - Terrestrial - Serpentine Bunchgrass Plants - Bryophytes Entosthodon kochii Koch's cord moss NBMUS2P050 None None -1B.3 3912311 PURDYS GARDENS Mapped Plants - Bryophytes - Funariaceae - Entosthodon kochii Plants - Bryophytes Grimmia torenii Toren's grimmia NBMUS32330 None None -1B.3 3912312 ELLEDGE PEAK Mapped Plants - Bryophytes - Grimmiaceae - Grimmia torenii Plants - Bryophytes Grimmia torenii Toren's grimmia NBMUS32330 None None -1B.3 3912321 COW MOUNTAIN Mapped Plants - Bryophytes - Grimmiaceae - Grimmia torenii Plants - Lichens Usnea longissima Methuselah's beard lichen NLLEC5P420 None None -4.2 3912323 ORRS SPRINGS Mapped Plants - Lichens - Parmeliaceae - Usnea longissima Plants - Vascular Perideridia gairdneri ssp. gairdneri California Gairdner's yampah PDAPI1N062 None None -4.2 3912311 PURDYS GARDENS Unprocessed Plants - Vascular - Apiaceae - Perideridia gairdneri ssp. gairdneri Plants - Vascular Blennosperma bakeri Sonoma sunshine PDAST1A010 Endangered Endangered -1B.1 3912333 LAUGHLIN RANGE Mapped Plants - Vascular - Asteraceae - Blennosperma bakeri Plants - Vascular Hemizonia congesta ssp. calyculata Mendocino tarplant PDAST4R063 None None -4.3 3912333 LAUGHLIN RANGE Unprocessed Plants - Vascular - Asteraceae - Hemizonia congesta ssp. calyculata Plants - Vascular Hemizonia congesta ssp. calyculata Mendocino tarplant PDAST4R063 None None -4.3 3912323 ORRS SPRINGS Unprocessed Plants - Vascular - Asteraceae - Hemizonia congesta ssp. calyculata Plants - Vascular Hemizonia congesta ssp. calyculata Mendocino tarplant PDAST4R063 None None -4.3 3912321 COW MOUNTAIN Unprocessed Plants - Vascular - Asteraceae - Hemizonia congesta ssp. calyculata Plants - Vascular Hemizonia congesta ssp. calyculata Mendocino tarplant PDAST4R063 None None -4.3 3912322 UKIAH Unprocessed Plants - Vascular - Asteraceae - Hemizonia congesta ssp. calyculata Plants - Vascular Hemizonia congesta ssp. tracyi Tracy's tarplant PDAST4R067 None None -4.3 3912313 BOONVILLE Unprocessed Plants - Vascular - Asteraceae - Hemizonia congesta ssp. tracyi Plants - Vascular Hemizonia congesta ssp. tracyi Tracy's tarplant PDAST4R067 None None -4.3 3912333 LAUGHLIN RANGE Unprocessed Plants - Vascular - Asteraceae - Hemizonia congesta ssp. tracyi Plants - Vascular Lasthenia burkei Burke's goldfields PDAST5L010 Endangered Endangered -1B.1 3912322 UKIAH Mapped Plants - Vascular - Asteraceae - Lasthenia burkei Plants - Vascular Layia septentrionalis Colusa layia PDAST5N0F0 None None -1B.2 3912311 PURDYS GARDENS Mapped Plants - Vascular - Asteraceae - Layia septentrionalis Plants - Vascular Lessingia hololeuca woolly-headed lessingia PDAST5S030 None None -3 3912313 BOONVILLE Unprocessed Plants - Vascular - Asteraceae - Lessingia hololeuca Page 429 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 9/12 Plants - Vascular Tracyina rostrata beaked tracyina PDAST9D010 None None -1B.2 3912332 REDWOOD VALLEY Unprocessed Plants - Vascular - Asteraceae - Tracyina rostrata Plants - Vascular Tracyina rostrata beaked tracyina PDAST9D010 None None -1B.2 3912311 PURDYS GARDENS Mapped and Unprocessed Plants - Vascular - Asteraceae - Tracyina rostrata Plants - Vascular Plagiobothrys lithocaryus Mayacamas popcornflower PDBOR0V0P0 None None -1A 3912332 REDWOOD VALLEY Mapped Plants - Vascular - Boraginaceae - Plagiobothrys lithocaryus Plants - Vascular Plagiobothrys lithocaryus Mayacamas popcornflower PDBOR0V0P0 None None -1A 3912331 POTTER VALLEY Mapped Plants - Vascular - Boraginaceae - Plagiobothrys lithocaryus Plants - Vascular Streptanthus glandulosus ssp. hoffmanii Hoffman's bristly jewelflower PDBRA2G0J4 None None -1B.3 3912321 COW MOUNTAIN Mapped Plants - Vascular - Brassicaceae - Streptanthus glandulosus ssp. hoffmanii Plants - Vascular Brasenia schreberi watershield PDCAB01010 None None -2B.3 3912333 LAUGHLIN RANGE Mapped Plants - Vascular - Cabombaceae - Brasenia schreberi Plants - Vascular Viburnum ellipticum oval-leaved viburnum PDCPR07080 None None -2B.3 3912311 PURDYS GARDENS Mapped Plants - Vascular - Caprifoliaceae - Viburnum ellipticum Plants - Vascular Carex comosa bristly sedge PMCYP032Y0 None None -2B.1 3912321 COW MOUNTAIN Mapped Plants - Vascular - Cyperaceae - Carex comosa Plants - Vascular Arctostaphylos stanfordiana ssp. raichei Raiche's manzanita PDERI041G2 None None -1B.1 3912321 COW MOUNTAIN Mapped Plants - Vascular - Ericaceae - Arctostaphylos stanfordiana ssp. raichei Plants - Vascular Arctostaphylos stanfordiana ssp. raichei Raiche's manzanita PDERI041G2 None None -1B.1 3912312 ELLEDGE PEAK Mapped Plants - Vascular - Ericaceae - Arctostaphylos stanfordiana ssp. raichei Plants - Vascular Arctostaphylos stanfordiana ssp. raichei Raiche's manzanita PDERI041G2 None None -1B.1 3912322 UKIAH Mapped Plants - Vascular - Ericaceae - Arctostaphylos stanfordiana ssp. raichei Plants - Vascular Arctostaphylos stanfordiana ssp. raichei Raiche's manzanita PDERI041G2 None None -1B.1 3912323 ORRS SPRINGS Mapped Plants - Vascular - Ericaceae - Arctostaphylos stanfordiana ssp. raichei Plants - Vascular Arctostaphylos stanfordiana ssp. raichei Raiche's manzanita PDERI041G2 None None -1B.1 3912311 PURDYS GARDENS Mapped Plants - Vascular - Ericaceae - Arctostaphylos stanfordiana ssp. raichei Plants - Vascular Astragalus breweri Brewer's milk-vetch PDFAB0F1J0 None None -4.2 3912331 POTTER VALLEY Unprocessed Plants - Vascular - Fabaceae - Astragalus breweri Plants - Vascular Trifolium buckwestiorum Santa Cruz clover PDFAB402W0 None None -1B.1 3912333 LAUGHLIN RANGE Mapped Plants - Vascular - Fabaceae - Trifolium buckwestiorum Page 430 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 10/12 Plants - Vascular Monardella viridis green monardella PDLAM180Q2 None None -4.3 3912311 PURDYS GARDENS Unprocessed Plants - Vascular - Lamiaceae - Monardella viridis Plants - Vascular Fritillaria agrestis stinkbells PMLIL0V010 None None -4.2 3912322 UKIAH Unprocessed Plants - Vascular - Liliaceae - Fritillaria agrestis Plants - Vascular Fritillaria purdyi Purdy's fritillary PMLIL0V0H0 None None -4.3 3912322 UKIAH Unprocessed Plants - Vascular - Liliaceae - Fritillaria purdyi Plants - Vascular Fritillaria purdyi Purdy's fritillary PMLIL0V0H0 None None -4.3 3912331 POTTER VALLEY Unprocessed Plants - Vascular - Liliaceae - Fritillaria purdyi Plants - Vascular Fritillaria purdyi Purdy's fritillary PMLIL0V0H0 None None -4.3 3912332 REDWOOD VALLEY Unprocessed Plants - Vascular - Liliaceae - Fritillaria purdyi Plants - Vascular Fritillaria roderickii Roderick's fritillary PMLIL0V0M0 None Endangered -1B.1 3912333 LAUGHLIN RANGE Mapped Plants - Vascular - Liliaceae - Fritillaria roderickii Plants - Vascular Lilium rubescens redwood lily PMLIL1A0N0 None None -4.2 3912311 PURDYS GARDENS Unprocessed Plants - Vascular - Liliaceae - Lilium rubescens Plants - Vascular Limnanthes bakeri Baker's meadowfoam PDLIM02020 None Rare -1B.1 3912322 UKIAH Mapped and Unprocessed Plants - Vascular - Limnanthaceae - Limnanthes bakeri Plants - Vascular Hesperolinon adenophyllum glandular western flax PDLIN01010 None None -1B.2 3912321 COW MOUNTAIN Mapped Plants - Vascular - Linaceae - Hesperolinon adenophyllum Plants - Vascular Hesperolinon adenophyllum glandular western flax PDLIN01010 None None -1B.2 3912331 POTTER VALLEY Mapped Plants - Vascular - Linaceae - Hesperolinon adenophyllum Plants - Vascular Hesperolinon adenophyllum glandular western flax PDLIN01010 None None -1B.2 3912333 LAUGHLIN RANGE Mapped Plants - Vascular - Linaceae - Hesperolinon adenophyllum Plants - Vascular Malacothamnus mendocinensis Mendocino bush-mallow PDMAL0Q0D0 None None -1A 3912312 ELLEDGE PEAK Mapped Plants - Vascular - Malvaceae - Malacothamnus mendocinensis Plants - Vascular Cypripedium californicum California lady's-slipper PMORC0Q040 None None -4.2 3912312 ELLEDGE PEAK Unprocessed Plants - Vascular - Orchidaceae - Cypripedium californicum Plants - Vascular Cypripedium californicum California lady's-slipper PMORC0Q040 None None -4.2 3912322 UKIAH Unprocessed Plants - Vascular - Orchidaceae - Cypripedium californicum Plants - Vascular Cypripedium montanum mountain lady's-slipper PMORC0Q080 None None -4.2 3912322 UKIAH Unprocessed Plants - Vascular - Orchidaceae - Cypripedium montanum Plants - Vascular Cypripedium montanum mountain lady's-slipper PMORC0Q080 None None -4.2 3912323 ORRS SPRINGS Unprocessed Plants - Vascular - Orchidaceae - Cypripedium montanum Plants - Vascular Cypripedium montanum mountain lady's-slipper PMORC0Q080 None None -4.2 3912312 ELLEDGE PEAK Unprocessed Plants - Vascular - Orchidaceae - Cypripedium montanum Page 431 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 11/12 Plants - Vascular Piperia candida white-flowered rein orchid PMORC1X050 None None -1B.2 3912323 ORRS SPRINGS Mapped Plants - Vascular - Orchidaceae - Piperia candida Plants - Vascular Kopsiopsis hookeri small groundcone PDORO01010 None None -2B.3 3912311 PURDYS GARDENS Mapped Plants - Vascular - Orobanchaceae - Kopsiopsis hookeri Plants - Vascular Erythranthe nudata bare monkeyflower PDSCR1B200 None None -4.3 3912333 LAUGHLIN RANGE Unprocessed Plants - Vascular - Phrymaceae - Erythranthe nudata Plants - Vascular Gratiola heterosepala Boggs Lake hedge-hyssop PDSCR0R060 None Endangered -1B.2 3912311 PURDYS GARDENS Mapped Plants - Vascular - Plantaginaceae - Gratiola heterosepala Plants - Vascular Pleuropogon hooverianus North Coast semaphore grass PMPOA4Y070 None Threatened -1B.1 3912323 ORRS SPRINGS Mapped and Unprocessed Plants - Vascular - Poaceae - Pleuropogon hooverianus Plants - Vascular Pleuropogon hooverianus North Coast semaphore grass PMPOA4Y070 None Threatened -1B.1 3912312 ELLEDGE PEAK Mapped Plants - Vascular - Poaceae - Pleuropogon hooverianus Plants - Vascular Leptosiphon acicularis bristly leptosiphon PDPLM09010 None None -4.2 3912312 ELLEDGE PEAK Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon acicularis Plants - Vascular Leptosiphon acicularis bristly leptosiphon PDPLM09010 None None -4.2 3912322 UKIAH Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon acicularis Plants - Vascular Leptosiphon acicularis bristly leptosiphon PDPLM09010 None None -4.2 3912331 POTTER VALLEY Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon acicularis Plants - Vascular Leptosiphon acicularis bristly leptosiphon PDPLM09010 None None -4.2 3912323 ORRS SPRINGS Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon acicularis Plants - Vascular Leptosiphon acicularis bristly leptosiphon PDPLM09010 None None -4.2 3912333 LAUGHLIN RANGE Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon acicularis Plants - Vascular Leptosiphon acicularis bristly leptosiphon PDPLM09010 None None -4.2 3912332 REDWOOD VALLEY Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon acicularis Plants - Vascular Leptosiphon acicularis bristly leptosiphon PDPLM09010 None None -4.2 3912311 PURDYS GARDENS Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon acicularis Plants - Vascular Leptosiphon latisectus broad-lobed leptosiphon PDPLM09150 None None -4.3 3912333 LAUGHLIN RANGE Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon latisectus Plants - Vascular Leptosiphon latisectus broad-lobed leptosiphon PDPLM09150 None None -4.3 3912323 ORRS SPRINGS Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon latisectus Plants - Vascular Leptosiphon latisectus broad-lobed leptosiphon PDPLM09150 None None -4.3 3912331 POTTER VALLEY Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon latisectus Page 432 of 592 11/3/21, 12:12 PM IMAPS Print Preview https://apps.wildlife.ca.gov/bios/printTablePreview.html 12/12 Plants - Vascular Leptosiphon latisectus broad-lobed leptosiphon PDPLM09150 None None -4.3 3912322 UKIAH Unprocessed Plants - Vascular - Polemoniaceae - Leptosiphon latisectus Plants - Vascular Navarretia leucocephala ssp. bakeri Baker's navarretia PDPLM0C0E1 None None -1B.1 3912322 UKIAH Mapped Plants - Vascular - Polemoniaceae - Navarretia leucocephala ssp. bakeri Plants - Vascular Navarretia leucocephala ssp. bakeri Baker's navarretia PDPLM0C0E1 None None -1B.1 3912333 LAUGHLIN RANGE Mapped Plants - Vascular - Polemoniaceae - Navarretia leucocephala ssp. bakeri Plants - Vascular Navarretia leucocephala ssp. bakeri Baker's navarretia PDPLM0C0E1 None None -1B.1 3912332 REDWOOD VALLEY Mapped Plants - Vascular - Polemoniaceae - Navarretia leucocephala ssp. bakeri Plants - Vascular Ranunculus lobbii Lobb's aquatic buttercup PDRAN0L1J0 None None -4.2 3912322 UKIAH Unprocessed Plants - Vascular - Ranunculaceae - Ranunculus lobbii Plants - Vascular Ranunculus lobbii Lobb's aquatic buttercup PDRAN0L1J0 None None -4.2 3912311 PURDYS GARDENS Unprocessed Plants - Vascular - Ranunculaceae - Ranunculus lobbii Plants - Vascular Ceanothus confusus Rincon Ridge ceanothus PDRHA04220 None None -1B.1 3912311 PURDYS GARDENS Mapped Plants - Vascular - Rhamnaceae - Ceanothus confusus Plants - Vascular Horkelia bolanderi Bolander's horkelia PDROS0W011 None None -1B.2 3912311 PURDYS GARDENS Mapped Plants - Vascular - Rosaceae - Horkelia bolanderi Page 433 of 592 November 05, 2021 United States Department of the Interior FISH AND WILDLIFE SERVICE Arcata Fish And Wildlife Office 1655 Heindon Road Arcata, CA 95521-4573 Phone: (707) 822-7201 Fax: (707) 822-8411 In Reply Refer To: Consultation Code: 08EACT00-2022-SLI-0041 Event Code: 08EACT00-2022-E-00117 Project Name: City of Ukiah Upper City View Trail Loop Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) Page 434 of 592 11/05/2021 Event Code: 08EACT00-2022-E-00117 2 ▪ (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List Page 435 of 592 11/05/2021 Event Code: 08EACT00-2022-E-00117 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Arcata Fish And Wildlife Office 1655 Heindon Road Arcata, CA 95521-4573 (707) 822-7201 Page 436 of 592 11/05/2021 Event Code: 08EACT00-2022-E-00117 2 Project Summary Consultation Code:08EACT00-2022-SLI-0041 Event Code:Some(08EACT00-2022-E-00117) Project Name:City of Ukiah Upper City View Trail Loop Project Type:** OTHER ** Project Description:Hiking Trail Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@39.15503855,-123.22680147989279,14z Counties:Mendocino County, California Page 437 of 592 11/05/2021 Event Code: 08EACT00-2022-E-00117 3 1. Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Northern Spotted Owl Strix occidentalis caurina There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/1123 Threatened Western Snowy Plover Charadrius nivosus nivosus Population: Pacific Coast population DPS-U.S.A. (CA, OR, WA), Mexico (within 50 miles of Pacific coast) There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/8035 Threatened Yellow-billed Cuckoo Coccyzus americanus Population: Western U.S. DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/3911 Threatened Amphibians NAME STATUS California Red-legged Frog Rana draytonii There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/2891 Threatened 1 Page 438 of 592 11/05/2021 Event Code: 08EACT00-2022-E-00117 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate Flowering Plants NAME STATUS Burke's Goldfields Lasthenia burkei No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4338 Endangered Contra Costa Goldfields Lasthenia conjugens There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/7058 Endangered Showy Indian Clover Trifolium amoenum No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6459 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Page 439 of 592 Page 61 of 61 Appendix F: Sanhedrin Chapter of the Native Plant Society Botanical Survey Report Page 440 of 592 A Botanical Study of the Upper City View Trail Project Prepared by the Ukiah Valley Trail Group for the City of Ukiah Winter 2020 Page 441 of 592 Table of Contents Introduction and Pre-survey Protocols Methods Vegetation Results Literature Cited Appendix A: List of Potentially Occurring Rare Plants Appendix B: Study Plant List Page 442 of 592 Introduction Trails have a wide variety of benefits including conservation-education achieved by allowing public access to natural spaces. These benefits do come at some environmental cost both during construction and through public use. These costs may include removing plants, disturbing soil, creating erosion and/or sedimentation, and impact on wildlife. It is therefore essential to evaluate the relative costs of the construction, maintenance and use of trails in order to ensure the project provides net benefit with an acceptable degree of mitigated or unmitigated environmental impact. To assist with this evaluation, a study was conducted to identify or rule out the presence of endangered or rare plants that may be disturbed in the pursuit of the public benefit of the proposed Upper City View Trail and Upper City View Trail Lower Leg. Further, this study provides the information to evaluate if the trail should be built, not built, built with modifications, and/or built with mitigations to minimize any potential impacts on plant communities. A survey of plants existing along the proposed trail corridors was conducted and both communities and individual species were identified with a focus on a search for listed species that have been identified as potentially being in the area. A list of plants identified along the corridor is included in Appendix B. Blue – Existing City View Trail Yellow – Proposed Upper City View Trail Red – Proposed Upper City View Trail Lower Loop Page 443 of 592 Pre-Survey Investigations In accordance with recommendations from the California Department of Fish and Wildlife (CDFW) and the California Native Plant Society (CNPS) a review of the USGS quadrangle of the survey area and the eight surrounding quadrangles was performed by Kerry Heise to identify special status plant species extant, or potentially extant in the identified trail corridor of the proposed Upper City View Trail Project. The CNPS Inventory of Rare and Endangered Plants, the On-line 8th Edition, and Rarefind via the California Natural Diversity Database (CNDDB) and the California Rare Plant Ranks (previously known as CNPS Lists) were used to develop a list of potentially occurring rare plants in the study area (Appendix A). This list was used by the surveyors to focus their attention on habitats and areas where the likelihood of rare plants was high while concurrently investigating all plants in the study area. Survey Methodology A botanical survey was conducted along a twenty-foot wide corridor from the centerline of the proposed flagged trails. In 2019, surveys were conducted on 3/21, 4/11, 4/25, 6/8, and 7/19. The surveys were floristic in nature and included all vascular taxa encountered within the Upper City View Trail Project alignment. Generally, plant phenology dates for potentially occurring rare species are used to determine the timing and frequency of surveys. Our site visits were conducted from early spring to mid-summer, a period which was broad enough to include known blooming and fruiting times of potentially occurring rare species, but also encompassing the blooming period of early annuals, wetland plants, and late blooming herbaceous perennial species – roughly March through July. The February survey date was deferred due to a late rainy season and subsequent late flowering of plants. The level of effort required per given area and habitat was dependent upon the vegetation and its overall diversity and structural complexity. Surveys across the area followed the proposed trail corridors, and made extensive cross-country travel to thoroughly cover the entire area. No areas of special attention (serpentine, riparian, wetland) were found. Surveyors spent additional time in areas populated with Arctostaphylos but did not locate Arctostaphylos stanfordiana ssp. raichei. Plant materials that could not be identified in the field were collected for later determination in the lab, compared with herbarium samples, or determined by the survey team under better conditions. Page 444 of 592 A team of professional and amateur botanists from the Sanhedrin Chapter of the Native Plant Society including Jen Ridell, Andrea Davis, Jim Xerogeanes, Emily Allen, and Neil Davis performed the surveys. This report is authored by Neil Davis. Vegetation Description The project area is located on the hills to the west of Ukiah. The hills rise steeply from the valley floor and are predominated by eastern facing slopes. A number of drainages create small sections of north-east and south-east facing slopes. The project area is almost exclusively in the Quercus Forest Alliance with very small “islands” of Redwood Forrest and Woodland Alliance and Arctostaphylos Shrubland Alliance. The following Upper City View project vegetation alliances described below follow the National Vegetation Classification Hierarchy as applied to California vegetation. The description of each alliance is specific to vegetation composition documented during the field surveys. Quercus (agrifolia, douglasii, garryana, kelloggii, lobata, wislizeni) Forest Alliance - Mixed oak forest This vegetation alliance covers approximately 95% of the project area. The proposed trail corridor bisects dense multi-species stands of oaks, madrone, and tanoak. The understory is sparse and leaf letter is predominantly thick. Co-dominate tree species include Interior Live Oak (Quercus wislizeni). Other occurring hardwoods include blue oak (Q. douglasii), Oregon oak (Quercus garryana), Oracle Oak (Quercus Xmorehus), Nutmeg (Torreya californica) and Buckeye (Aesculus californicus). Sequoia sempervirens Forest & Woodland Alliance - Redwood forest and woodland The proposed trail corridor crosses a number of small redwood groves with dense over growths of young (<6”dbh) trees scattered in the shadier areas of drainages. The proposed trail corridor crosses one grove of more mature Redwoods with trees up to 30”dbh. Trail construction will not require removal of any tree greater than 6”dbh. The areas have little diversity. The immature stands are densely populated leaving little room for secondary species. The mature stand has a sparse understory with thick leaf litter. Arctostaphylos (canescens, manzanita, stanfordiana) Shrubland Alliance - Hoary, common, and Stanford manzanita chaparral Page 445 of 592 Characteristic Species Arctostaphylos canescens, Arctostaphylos manzanita or Arctostaphylos stanfordiana is dominant or co-dominant in the shrub canopy with Adenostoma fasciculatum, Arctostaphylos auriculata, Arctostaphylos glandulosa, Arctostaphylos viscida, Baccharis pilularis, Ceanothus spp., Eriodictyon californicum, Heteromeles arbutifolia, Lotus scoparius, Pickeringia montana or Quercus berberidifolia. Emergent trees may be present at low cover, including Pinus attenuata, Pseudotsuga menziesii, Quercus chrysolepis, Quercus douglasii or Quercus wislizeni. Survey Results Potentially occurring rare species identified in the pre-study investigations were limited to Arctostaphylos stanfordiana ssp raichei and Lilium rubescens. Although the trail crosses the Arctostapylois Shrubland Alliance, subspecies rachei was not found. However, on both the main proposed corridor and the secondary additional corridor Lilium rubescens was found. Locations for the L. rubescens were geotagged. Field visits with the trail designer/builder confirmed the trail can be moved laterally to avoid areas where L rubescens is located. Eighty-nine species were documented during the study period. Page 446 of 592 Page 447 of 592 References Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, editors. 2012. The Jepson manual: vascular plants of California, second edition. University of California Press, Berkeley. Brodo I. M., S.D. Sharnoff and Stephen Sharnoff. Lichens of North America. Yale University Press. 2001. Sharnoff, S. 2014. A Field Guide to California Lichens. Yale University Press. CNDDB and CDFW. 2017. California Department of Fish and Wildlife and California Natural Diversity Database Changes to the CNDDB Special Vascular Plants, Bryophytes and Lichens List, July 2017. http://www.dfg.ca.gov/biogeodata/cnddb/plants_and_animals.asp CNPS. 2017. Rare Plant Program, Inventory of Rare and Endangered Plants (online edition, v8-03). California Native Plant Society, Sacramento, CA. Website http://www.rareplants.cnps.org [accessed July 2, 2017]. Doyle W.T. and R.E. Stotler. 2006. Contributions toward a bryoflora of California III. Keys and Annotated Species Catalogue for Liverworts and Hornworts. Madrono 53: 89-197. Jepson Flora Project (eds.) 2017. Jepson eFlora, http://ucjeps.berkeley.edu/eflora/ [accessed on May 1, 2017] Lepig G. and J.W. White. 2006. Conservation of peripheral plant populations in California. Madrono 53: 264-274. McCune B. and Linda Geiser. Macrolichens of the Pacific Northwest. Oregon State University Press. 1997. Norris D.H. and J.R. Shevock. 2004. Contributions toward a bryoflora of California: I. A Specimen- Based Catalogue of Mosses. Madrono 51(1): 1-131. II. A Key to the Mosses 51 (2): 133-269. Sawyer, J.O., T. Keeler-Wolf, and J.M. Evens. 2009. A manual of California vegetation, second edition. California Native Plant Society Press. Sacramento, CA. Page 448 of 592 7 Ap p e n d i x A : P o t e n t i a l l y Oc c u r r i n g Ra r e S p e c i e s , C N P S 9 -qu a d s e a r c h c e n t e r e d o n U k i a h U S G S Q u a d Sc i e n t i f i c N a m e Co m m o n N a m e Fa m i l y Ra n k CE S A FE S A Ar c t o s t a p h y l o s s t a n f o r d i a n a s s p . r a i c h e i Ra i c h e 's m a n z a n i t a Er i c a c e a e 1B . 1 No n e No n e As t r a g a l u s b r e w e r i Br e w e r ' s m i l k -ve t c h Fa b a c e a e 4. 2 No n e No n e Br a s e n i a s c h r e b e r i wa t e r s h i e l d Ca b o m b a c e a e 2B . 3 No n e No n e Ca r e x c o m o s a br i s t l y s e d g e Cy p e r a c e a e 2B . 1 No n e No n e Ce a n o t h u s c o n f u s u s Ri n c o n R i d g e c e a n o t h u s Rh a m n a c e a e 1B . 1 No n e No n e Cu s c u t a j e p s o n i i Je p s o n ' s d o d d e r Co n v o l v u l a c e a e 1B . 2 No n e No n e Cy p r i p e d i u m c a l i f o r n i c u m Ca l i f o r n i a l a d y ' s -sl i p p e r Or c h i d a c e a e 4. 2 No n e No n e Cy p r i p e d i u m m o n t a n u m mo u n t a i n l a d y ' s -sl i p p e r Or c h i d a c e a e 4. 2 No n e No n e En t o s t h o d o n k o ch i i Ko c h ' s c o r d m o s s Fu n a r i a c e a e 1B . 3 No n e No n e Fi s s i d e n s p a u p e r c u l u s mi n u t e p o c k e t m o s s Fi s s i d e n t a c e a e 1B . 2 No n e No n e Fr i t i l l a r i a r o d e r i c k i i Ro d e r i c k ' s f r i t i l l a r y Li l i a c e a e 1B . 1 CE No n e Gr i m m i a t o r e n i i To r e n ' s g r i m m i a Gr i m m i a c e a e 1B . 3 No n e No n e He m i z on i a c o n g e s t a s s p . c o n g e s t a co n g e s t e d -he a d e d h a y f i e l d t a r p l a n t As t e r a c e a e 1B . 2 No n e No n e He s p e r o l i n o n a d e n o p h y l l u m gl a n d u l a r w e s t e r n f l a x Li n a c e a e 1B . 2 No n e No n e Ho r k e l i a b o l a n d e r i Bo l a n d e r ' s h o r k e l i a Ro s a c e a e 1B . 2 No n e No n e Ko p s i o p s i s h o o k e r i sm a l l g r o un d c o n e Or o b a n c h a c e a e 2B . 3 No n e No n e La s t h e n i a b u r k e i Bu r k e ' s g o l d f i e l d s As t e r a c e a e 1B . 1 CE FE La y i a s e p t e n t r i o n a l i s Co l u s a l a y i a As t e r a c e a e 1B . 2 No n e No n e Li l i u m r u b e s c e n s re d w o o d l i l y Li l i a c e a e 4. 2 No n e No n e Li m n a n t h e s b a k e r i Ba k e r ' s m e a d o w f o a m Li m n a nt h a c e a e 1B . 1 CR No n e Ma l a c o t h a m n u s m e n d o c i n e n s i s Me n d o c i n o b u s h -ma l l o w Ma l v a c e a e 1A No n e No n e Mo n a r d e l l a v i r i d i s gr e e n m o n a r d e l l a La m i a c e a e 4. 3 No n e No n e Na v a r r e t i a l e u c o c e p h a l a s s p . b a k e r i Ba k e r ' s n a v a r r e t i a Po l e m o n i a c e a e 1B . 1 No n e No n e Pe r i d e r i d i a g ai r d n e r i s s p . g a i r d n e r i Ga i r d n e r ' s y a m p a h Ap i a c e a e 4. 2 No n e No n e Pi p e r i a c a n d i d a wh i t e -fl o w e r e d r e i n o r c h i d Or c h i d a c e a e 1B . 2 No n e No n e Pl a g i o b o t h r y s l i t h o c a r y u s Ma y a c a m a s p o p c o r n f l o w e r Bo r a g i n a c e a e 1A No n e No n e Pl e u r o p o g o n h o o v e r i a n u s No r t h C o a s t s e m a p h or e g r a s s Po a c e a e 1B . 1 CT No n e Ra n u n c u l u s l o b b i i Lo b b ' s a q u a t i c b u t t e r c u p Ra n u n c u l a c e a e 4. 2 No n e No n e Sa n g u i s o r b a o f f i c i n a l i s gr e a t b u r n e t Ro s a c e a e 2B . 2 No n e No n e St r e p t a n t h u s g l a n d u l o s u s s s p . h o f f m a n i i Ho f f m a n ' s b r i s t l y j e w e l f l o w e r Br a s s i c a c e a e 1B . 3 No ne No n e Page 449 of 592 8 Tr a c y i n a r o s t r a t a be a k e d t r a c y i n a As t e r a c e a e 1B . 2 No n e No n e Us n e a l o n g i s s i m a Me t h u s e l a h ' s b e a r d l i c h e n Pa r m e l i a c e a e 4. 2 No n e No n e Vi b u r n u m e l l i p t i c u m ov a l -le a v e d v i b u r n u m Ad o x a c e a e 2B . 3 No n e No n e CN P S , R a r e P l a n t P r o g r a m . 20 1 7 . I n v e n t o r y o f R a re a n d E n d a n g e r e d P l a n t s ( o n l i n e e d i t i o n , v 8 -02 ) . C a l i f o r n i a N a t i v e P l a n t S o c i e t y , Sa c r a m e n t o , C A . W e b s i t e h t t p : / / w w w . r a r e p l a n t s . c n p s . o r g [ a c c e s s e d 11 F e b r u a r y 2 0 1 7 ] . Page 450 of 592 Plant List (Appendix B) Annual Herbs Blennosperma nanum var. nanum Common blennosperma Calandrinia menziesii Red maids Clarkia concinna Red ribbons Clarkia gracilis ssp. sonomensis Sonoma clarkia Collinsia heterophylla Chinese houses Collinsia sparsiflora Few flowered collinsia Collomia sp. Collomia Eschscholzia californica Ca Poppy Lasthenia californica Goldfields Lasthenia californica ssp. californica California goldfields Limnanthes douglasii ssp. nivea Snow white meadowfoam Nemophila heterophylla Canyon nemophila Platystemon californicus Cream cups Plectritis ciliosa Long spurred plectritis Plectritis congesta ssp. brachystemon Shortspur seablush Perennial Herbs Anisocarpus madioides Woodland madia Calochortus tolmiei Hairy star tulip Campanula prenanthoides CA Harebell Cardamine californica Bitter cress Chlorogalum pomeridianum var. pomeridianum Common soaproot Clinopodium douglasii Yerba buena Cynoglossum grande Houndstongue Delphinium nudicaule Canyon larkspur Dichelostemma capitatum Blue dicks Dichelostemma ida-maia Firecracker flower Erythronium californicum California fawn lily Eriophyllum lanatum Wooly sun flower Eschscholzia californica California poppy Euphorbia oblongata Eggleaf spurge Fritillaria affinis Checker lily Galium sp. galium Hypericum concinnum gold wire Iris macrosiphon Ground iris Lathyrus vestitus var. vestitus Hillside pea Lilium rubescens Redwood Lily Lithophragma heterophyllum Woodland star Page 451 of 592 Lysimachia latifolia Pacific starflower Micranthes californica Greene's saxifrage Pedicularis densiflora Indian warrior Polygala californica CA Milkwort Primula hendersonii Mosquito bill, Shooting Star Ranunculus occidentalis Western buttercup Sanicula crassicaulis Pacific sanicle Scrophularia californica California bee plant Sedum spathulifolium Pacific stonecrop Stachys sp. Hedge Nettle Taraxia ovata Sun cup Triteleia laxa Ithuriel's Spear Viola ocellata Western heart's ease Wyethia glabra Smooth mule ears Grasslike Briza maxima Rattlesnake grass Cynosurus echinatus Hedghog dogtail Elymus glaucus Blue wildrye Festuca californica California fescue Festuca idahoensis Idaho fescue Luzula comosa Hairy wood rush Forbs Arctostaphylos stanfordiana ssp stanfordiana Stanford's Manzanita Arctostaphylos glandulosa ssp glandulosa Eastwood Manzanita Adenostoma fasciculatum Chamise Baccharis pilularis Coyote bush Ceanothus sp. California lilac Heteromeles arbutifolia Toyon Pickeringia montana Chaparall Pea Rosa gymnocarpa Wood Rose Toxicodendron diversilobum Poison Oak Tree Aesculus californica Buckeye Arbutus menziesii Madrone Northolithcarpus densiflores Tanoak Pinus attenuata Knobcone Pine Pseudotsuga menziesii Douglas Fir Quercus agrifolia? Coast Live Oak Quercus berberidifolia Inland Scrub Oak Page 452 of 592 Quercus chrysolepis Canyon Oak Quercus douglasii Blue oak Quercus garryana Oregon oak Quercus keloggii Black Oak Quercus parvula var. shrevei Shreve Oak Quercus wislizeni Interior live oak Quercus Xmorehus Oracle oak Sequoia sempervirens Redwood Torreya californica California nutmeg Umbellularia californica Caliornia Bay Vine Lonicera hespidula Honeysuckle Whipplea modesta Modesty Fern Dryopteris arguta Coastal Wood Fern Pentagramma triangularis Goldback fern Polypodium sp. Licorice fern Polystichum munitum Western Sword fern Pteridium aquilinum var. pubescens Bracken fern Page 453 of 592 City of Ukiah Upper City View Trail ISMND Response to Public Comments ATTACHMENT 3 Response to Comments Received on the Draft Initial Study and Mitigated Negative Declaration (ISMND) for the Upper City View Trail Project Public Review. CEQA Guidelines Sections 15201 and 15204 discuss public participation regarding the review and evaluation of Environmental Impact Reports (EIRs) and Negative Declarations. Specifically, Section 15204 states the following: “(a) In reviewing draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible, in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commentors. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR. (b) In reviewing negative declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) Identify the specific effect, (2) Explain why they believe the effect would occur, and (3) Explain why they believe the effect would be significant. (c) Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.” In accordance with CEQA, the City of Ukiah Planning Division prepared a Draft Initial Study and Mitigated Negative Declaration (ISMND) for the proposed Project. The ISMND (State Clearinghouse No. 2022010241) was circulated for public review from January 18, 2022 through February 21, 2022, in accordance with CEQA Guidelines Section 15073. The Notice of Availability for the ISMND was circulated in the following manner: • Uploaded to the State Clearinghouse website on January 17, 2022; • Mailed to property owners within 300 feet of the Project parcel on January 17, 2022; • Emailed to departments and agencies with jurisdiction or interest over the Project on January 18, 2022; • Published in the Ukiah Daily Journal on January 19, 2022; • Posted on the City of Ukiah website on January 18, 2022; and • Posted at the Civic Center (glass case) on January 18, 2022. Response to Comments. The City of Ukiah received two written comments on the Draft ISMND, as shown in Table 1 below. Comments are included in Attachment A. CEQA Guidelines Section Page 454 of 592 City of Ukiah Upper City View Trail ISMND Response to Public Comments 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) does not require a Lead Agency to provide written responses to public comment, with the exception of those raised by a Responsible or public agency. However, the City of Ukiah has chosen to review and respond to all public comments received on the ISMND. Information contained within the below response to comments has been incorporated into the Final Draft ISMND for clarification purposes, as applicable. Additionally, the following non substantive clarifications and edits have been made: •Corrected minor grammatical and typographic errors; •Replaced Figure 2 with an improved location figure that clearly outlines the Project site boundaries, as well as existing and proposed trails; and •Further clarified that the western portion of the site is developed with a portion of the existing City View Trail, while the eastern portion of the site is developed with a portion of the Ukiah Municipal Golf Course. Table 1, Comments Received on the Draft Initial Study and Mitigated Negative Declaration Comment Letter # Commenter Date Received 1 North Coast Regional Water Quality Control Board January 27, 2022 2 Bonnie Wildberger February 15, 2022 COMMENT LETTER 1: NORTH COAST REGIONAL WATER QUALITY CONTROL BOARD (WATER BOARD) Comment: The Water Board notes that the ISMND states that the Upper City View Trail will cross a Class III watercourse and that the trail will be assessed annually during the winter for three years to determine whether any areas on the trail are wet enough to require an improved crossing. However, the Water Board recommends that the City of Ukiah complete an assessment prior to trail construction to determine whether any water crossing structures are necessary to prevent the trail causing sediment discharges and obtain any required permits prior to construction. The Water Board further notes that if any soil disturbance or work is proposed within the Class III watercourse, including constructing the alignment through it, or if a crossing is determined to be needed, permits and approvals by the Water Board are required. Response: The feature that is identified as a Class III Watercourse in the Biological Assessment and ISMND reaches a flat area with no clear channel or route of drainage just below where the trail would cross. As such, it effectively dissipates and ends at this location. The flat area extends approximately 100 feet and then the slope begins again, creating a new section of distinct Class III waterway. However, there is no connection between the two sections of Class III watercourses. As such, the City does not propose a crossing at this time. However, as noted Mitigation Measure BIO-7 this portion of the trail (and the entire trail length) will be monitored over Page 455 of 592 City of Ukiah Upper City View Trail ISMND Response to Public Comments the next three years to see if a change in condition warrants a crossing. If it is determined that one is needed, the City will notify all applicable regulatory bodies and obtain all necessary permits. On March 2, 2022, City Staff met with the Water Board to discuss their comments, the City’s aforementioned approach, and Mitigation Measure BIO-7. The Water Board stated that they are in agreeance with the City’s approach and no permits are needed at this time (see email correspondence dated March 2, 2022, included in Attachment A). In response to these discussions, Mitigation Measure BIO-7 has been revised as follows: BIO-7: Watercourses. The Project shall adhere to UVTG Design and Maintenance Standards for trail construction related to erosion, and all earthwork within or adjacent to (50 feet) any watercourse or other body of water shall adhere to standard methods of erosion and sediment control (placement of straw, mulch, seeding, straw wattles, silt fencing, etc.) and, if possible, work shall be completed while the channel is dry to reduce sediment load downstream. The UVTG shall assess the entire trail length each winter for the first three years after project completion. Any areas that are damp enough to show foot created depressions after the trail is dried will be assessed and either crossed with a footbridge such as a wooden walkway known as a “puncheon”, or be hardened, or diverted with a culvert if a bridge is deemed impractical. If any structures are proposed for placement within the bed or bank in order for the trail crossing, consultation with California Department of Fish and Wildlife, the North Coast Regional Water Quality Control Board and U.S. Army Corps of Engineers shall be required, and all necessary permits shall be obtained. COMMENT LETTER 2: BONNIE WILDBERGER Comment: The commenter notes that they own the property (identified as the “Wildberger Ranch” that contains the unsanctioned “U” trail) north of the Project and expresses concerns regarding trespass and associated issues, such as people cutting existing fencing and vandalizing property. Specific to the proposed Project, the commenter suggests that fencing be constructed to prevent hikers from trespassing onto their adjacent property from the proposed trail. Response: In an effort to keep trial users on the proposed trail, “no trespassing” signs will be posted where the proposed trail intersects the unsanctioned “U” trail located on the commenter’s property. In an effort to reduce environmental impacts, the proposed Project does not include fencing. However, this comment is noted and is included in the public record for City Council consideration. Page 456 of 592 From:Falcone, Gil@Waterboards To:Michelle Irace Cc:Filak, Jordan@Waterboards Subject:RE: Notice of Availability of a Draft Mitigated Negative Declaration for the Upper City View Trail Project Date:Thursday, January 27, 2022 4:45:26 PM Attachments:image001.png [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. City of Ukiah CEQA response – Upper City View Trail Michelle Irace Planning Manager City of Ukiah mirace@cityofukiah.com IS/MND: https://files.ceqanet.opr.ca.gov/275432- 1/attachment/ReWrEv8e0F2uEgNi6tWT3Xl0DbsIzXVGv9HOn3Bx- 44J53neC9XmkmihK6my3UhsnuJxwL64NXdvZVMu0 ---------------------------------------------------------------------------------------------------------------------------- -------------- Dear Michelle Irace, Thank you for providing staff of the North Coast Regional Water Quality Control Board (Regional Water Board) the opportunity to comment on the Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the City of Ukiah’s Upper City View Trail, SCH #2022010241. We offer the following comments based on our review of the IS/MND. The ID/MND states that the new Upper City View Trail will cross a Class III watercourse and that the trail will be assessed annually during the winter for three years to determine whether any areas on the trail are wet enough to require an improved crossing structure such as a puncheon bridge, hardened/rocked ford, or culvert crossing. The Regional Water Board recommends that the City of Ukiah complete an assessment prior to trail construction to determine whether any water crossing structures are necessary to prevent the trail causing sediment discharges and obtain any required permits prior to construction. Please note that any soil disturbance in waters of the state, including the Class III watercourse described in the IS/MND, would require a permit from the Regional Water Board. This would include any earthwork/grading necessary to create the new trail alignment through the Class III watercourse. Permits would also be required for any improved water crossings, including ATTACHMENT A Page 457 of 592 puncheon bridges, hardened rocked fords, or culvert crossings. Any work within waters of the state should be performed when the watercourse is dry, or work would be subject to a dewatering plan approved by the Regional Water Board. Regional Water Board permits required for the project may include a 401 Water Quality Certification or Waste Discharge Requirements. Please feel free to contact us with any permitting questions. For more information about Regional Water Board permits, please visit https://www.waterboards.ca.gov/northcoast/water_issues/programs/water_quality_certificat ion/. Thank you. Please contact me if you have any questions. Regards, Gil Gil Falcone Sr. Environmental Scientist, M.S.Supervisor Southern 401 Certification UnitNorth Coast Regional Water Quality Control Board5550 Skylane Blvd., Suite ASanta Rosa, CA 95403-1072 Voice (707) 576-2830 https://www.waterboards.ca.gov/northcoast/ ***The Water Boards are continuing day-to-day work protecting public health, safety, and the environment. However, staff are mostly working remotely and we continue to check email and voicemail regularly. Thank you and stay healthy and safe.*** From: Michelle Irace <mirace@cityofukiah.com> Sent: Tuesday, January 18, 2022 11:39 AM To: Michelle Irace <mirace@cityofukiah.com> Subject: Notice of Availability of a Draft Mitigated Negative Declaration for the Upper City View Trail Project EXTERNAL: Hello, The City of Ukiah has prepared a Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Page 458 of 592 proposed Upper City View Trail Project. As noted in the attached Notice of Availability (NOA), the IS/MND is available for review online at http://www.cityofukiah.com/ceqa-review/ or in person at our office. The public review period begins today, January 18, 2022 and goes through February 21, 2022. Comments and questions may be submitted via email or mail at the address noted in the NOA. Thank you, Michelle Irace, Planning Manager City of Ukiah Community Development Dept. 300 Seminary Avenue, Ukiah CA 95482 (707) 463-6203 Page 459 of 592 From:Falcone, Gil@Waterboards To:Michelle Irace Cc:Neil Davis Subject:RE: Upper City View Trail Class 3 Watercourse and Comment on the ISMND Date:Wednesday, March 2, 2022 5:11:01 PM Attachments:image001.png [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Michelle, Thank you for meeting and discussing the trail project. From our discussion of the trail construction, project description, review of current site conditions and photos, the Regional Water Board would not require a waste discharge requirement or 401 certification permit for the project as proposed. If, after years of monitoring the trail, there becomes a need to install a developed crossing of a watercourse or wetland as discussed in Bio-7, the language that is included regarding consultation and possible permitting with the Regional Water Board is sufficient mitigation. Thank you to you and Neil for sharing insightful information about the site. Please feel free to reach out if you have any other questions about this or any other projects relative to creeks or wetlands. Best of luck with this great project! Regards, Gil Gil Falcone Sr. Environmental Scientist, M.S.Supervisor Southern 401 Certification UnitNorth Coast Regional Water Quality Control Board5550 Skylane Blvd., Suite ASanta Rosa, CA 95403-1072 Voice (707) 576-2830 https://www.waterboards.ca.gov/northcoast/ ***The Water Boards are continuing day-to-day work protecting public health, safety, and the environment. However, staff are mostly working remotely and we continue to check email and voicemail regularly. Thank you and stay healthy and safe.*** Page 460 of 592 From: Michelle Irace <mirace@cityofukiah.com> Sent: Wednesday, March 2, 2022 3:58 PM To: Falcone, Gil@Waterboards <Gil.Falcone@waterboards.ca.gov> Cc: Neil Davis <ndavis@cityofukiah.com> Subject: Upper City View Trail Class 3 Watercourse and Comment on the ISMND EXTERNAL: Hi Gil, Thank you for your comments on the Draft Initial Study and Mitigated Negative Declaration (ISMND) for the Upper City View Trail Project, and for taking the time to meet today. As discussed, the feature that was identified as a Class III Watercourse in the Biological Assessment and ISMND (identified in the attached map and shown in the attached figures) reaches a flat area with no clear channel or route of drainage just below where the trail would cross. As such, it effectively dissipates and ends at this location. The flat area extends approximately 100 feet and then the slope begins again, creating a new section of distinct Class III waterway. However, there is no connection between the two sections of Class III watercourses. In the photos you can see that the leaf litter has not been washed from the site this winter, and the only sign of water below the trail is the ferns that are growing in what would be the wettest area below the trail. As such, the City does not propose a crossing at this time. However, as noted Mitigation Measure BIO-7 this portion of the trail (and the entire trail length) will be monitored over the next couple of years to see if a change in condition warrants a crossing. If it is determined that one is needed, the City will notify all applicable regulatory bodies and obtain all necessary permits. Please see revised MM BIO-7 below and let us know if you are comfortable with this language and approach. Please also confirm that no permits are needed at this time to construct the trail (without a bridge or structure) through this area. BIO-7: Watercourses. The Project shall adhere to UVTG Design and Maintenance Standards for trail construction related to erosion, and all earthwork within or adjacent to (50 feet) any watercourse or other body of water shall adhere to standard methods of erosion and sediment control (placement of straw, mulch, seeding, straw wattles, silt fencing, etc.) and, if possible, work shall be completed while the channel is dry to reduce sediment load downstream. The UVTG shall assess the entire trail length each winter for the first three years after project completion. Any areas that are damp enough to show foot created depressions after the trail is dried will be assessed and either crossed with a footbridge such as a wooden walkway known as a “puncheon”, or be hardened, or diverted with a culvert if a bridge is deemed impractical. If any structures are proposed for placement within the bed or bank in order for the trail crossing, consultation with California Department of Fish and Wildlife, the North Coast Regional Water Quality Control Board and U.S. Army Corps of Engineers shall be required, and all necessary permits shall be obtained. Thank you, Page 461 of 592 Michelle Irace , Planning Manager Department of Community Development 300 Seminary Avenue, Ukiah, CA 95482 www.cityofukiah.com/community-development Page 462 of 592 Class III Watercourse Location Looking Uphill from Trail Page 463 of 592 Looking Downhill from Trail Looking Downhill from Above Trail Page 464 of 592 Page 465 of 592 Findings to Adopt A Mitigated Negative Declaration For the Upper City View Trail Project 1 ATTACHMENT 4 FINDINGS TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE UPPER CITY VIEW TRAIL PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 1. The City of Ukiah, as the Lead Agency, prepared an Initial Study and Mitigated Negative Declaration (ISMND) for the Upper City View Trail Project (SCH No. 2022010241) under the California Environmental Quality Act (CEQA). 2. The Lead Agency (City) consulted with all responsible agencies and trustee agencies. 3. The Draft ISMND was circulated for public review from January 18, 2022 through February 21, 2022. 4. The ISMND analyzed areas of potential impacts and based on the conclusions reached within it, the Project would not significantly impact any environmental resources for the following reasons: a. Temporary ground disturbing activities associated with vegetation removal and trail construction could result in direct significant impacts to Air Quality, Biological Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, and Wildfire. However, mitigation measures identified within the Mitigation, Monitoring and Reporting Program (Section VIII of the ISMND) would adequately reduce all impacts to less than significant. b. Impacts to Aesthetics, Cultural and Tribal Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Recreation, Noise, Transportation and Traffic, and Public Services would be less than significant. c. The Project would have no impact to Agriculture and Forestry, Mineral Resources, Population and Housing, and Utilities and Service Systems. 5. Based on the findings and conclusions contained in the ISMND, the proposed Project would not have environmental effects which would cause substantial adverse effects on humans, either directly or indirectly; and there is no substantial evidence in light of the whole record before the City of Ukiah (including the ISMND and any comments received) that the Project would have a significant effect on the environment. 6. Based upon the analysis, findings, and conclusions contained in the ISMND, the Project will not result in impacts that are individually limited, but cumulative considerable. 7. The Notice of Availability for the public review period, and the Notice of Intent to adopt the ISMND and conduct a public hearing was provided in the following manner, in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines Section 15073: Provided to property owners within 300 feet of the Project parcel, as well as agencies and departments with jurisdiction or interest over the project on January 18, 2022 and March 2, 2022; provided to interested parties who submitted written comments on the Draft ISMND during the public review period on March 2, 2022; posted on the City’s CEQA webpage on January 18, 2022 and March 7, 2022; published in the Ukiah Daily Journal on January 19, Page 466 of 592 Findings to Adopt A Mitigated Negative Declaration For the Upper City View Trail Project 2 2022 and March 5, 2022; posted on the Project site and within Low Gap Park on March 2, 2022; and posted at the Civic Center (glass case) 72 hours prior to the public hearing. 8. The ISMND and record of proceedings of the decision on the Project are available for public review at the City of Ukiah Community Development Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA. 9. On March 16, 2022, the City Council held a public hearing to receive public comment and consider approval of the ISMND for the Project. The ISMND was approved by the City Council via Resolution Number 22-XXXX and reflects the City Council’s independent judgment and analysis. Page 467 of 592 Findings to Adopt A Mitigated Negative Declaration For the Upper City View Trail Project 3 Page 468 of 592 1 RESOLUTION NO. 2022-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE UPPER CITY VIEW TRAIL PROJECT WHEREAS: 1.The City of Ukiah, as the Lead Agency, prepared an Initial Study and Mitigated Negative Declaration (ISMND) for the Upper City View Trail Project (SCH No. 2022010241) under the California Environmental Quality Act (CEQA); and 2.The Notice of Availability for the public review period for the ISMND, and the Notice of Intent to adopt the ISMND and conduct a public hearing was provided in the following manner, in accordance with the Ukiah City Code and California Environmental Quality Act (CEQA) Guidelines Section 15073: Provided to property owners within 300 feet of the Project parcel, as well as agencies and departments with jurisdiction or interest over the project on January 18, 2022 and March 2, 2022; provided to interested parties who submitted written comments on the Draft ISMND during the public review period on March 2, 2022; posted on the City’s CEQA webpage on January 18, 2022 and March 7, 2022; published in the Ukiah Daily Journal on January 19, 2022 and March 5, 2022; posted on the Project site and within Low Gap Park on March 2, 2022; and posted at the Civic Center (glass case) 72 hours prior to the public hearing; and 3.The Draft ISMDN determined that, with the incorporation of mitigation measures, the Project would not have a significant effect on the environment and that a Mitigated Negative Declaration for the Project should be prepared; and 4.Based on the findings and conclusions contained in the ISMND, the proposed Project would not have environmental effects which would cause substantial adverse effects on humans, either directly or indirectly; and there is no substantial evidence in light of the whole record before the City of Ukiah (including the ISMND and any comments received) that the Project would have a significant effect on the environment; and 5.The ISMND reflects the City’s independent judgment and analysis of the potential environmental effects of the Project. NOW, THEREFORE, BE IT RESOLVED that: 1.The City Council hereby adopts the Mitigated Negative Declaration, which consists of the Initial Study/Draft Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and the findings in support hereof, which have been completed in compliance with CEQA. 2.The Initial Study/Draft Mitigated Negative Declaration, which includes the Mitigation Monitoring and Reporting Program in Section 7, is set forth in Exhibit 1, and the findings in support hereof are set forth in Exhibit 2, attached hereto and by reference incorporated herein. ATTACHMENT 5 Page 469 of 592 2 PASSED AND ADOPTED this ___ day of _______, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim. O. Brown, Mayor ATTEST: Kristine Lawler, City Clerk Page 470 of 592 City Council March 16, 2022 Craig Schlatter, Community Development Director Neil Davis, Community Services Director Michelle Irace, Planning Manager Upper City View Trail Project Initial Study and Mitigated Negative Declaration Page 471 of 592 PLANNING COMMISSION May 31, 2017 | 2 BACKGROUND •Existing City View Trail constructed in 2009 by the Ukiah Valley Trail Group (UVTG). •Low Gap Park Plan approved in 2015. •Memorandum of Understanding between City, County and UVTG. Low Gap Park (County‐owned) City‐owned City‐ownedCi t y L i m i t s Page 472 of 592 3 PROJECT LOCATION Page 473 of 592 4 PROJECT COMPONENTS •1‐mile, 2 to 4 ft wide hiking trail. •Would connect to the existing City View Trail. •Accessed via Low Gap Park. •Two weeks to construct during the dry season. •Ukiah Valley Trail Group (UVTG) design and maintenance standards. •Constructed by Ukiah Valley Trail Group and California Conservation Corps. •Funded by Ukiah Valley Trail Group and Redwood Pacific Medical Group. •Trail maintenance. Page 474 of 592 ENVIRONMENTAL REVIEW •In accordance with the California Environmental Quality Act (CEQA) a Draft Initial Study and Mitigated Negative Declaration (ISMND) was prepared for the Project. •Less than Significant Impact with Mitigation: Air Quality, Biological Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, and Wildfire. •Less than Significant: Aesthetics, Cultural/Tribal Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Land Use, and Noise. •No Impact: Agriculture and Forestry, Minerals, Population and Housing, and Utilities and Service Systems. Page 475 of 592 ENVIRONMENTAL REVIEW Mitigation Measures: •Air Quality •AQ‐1: Vegetation Removal and Disposal •AQ‐2: Diesel Engines Stationary and Portable Equipment and Mobile Vehicles •Biological Resources and Hydrology •BIO‐1: Sensitive Amphibian Species Surveys •BIO‐2: Special‐Status Mammals Surveys •BIO‐3: Special‐Status Insects Surveys •BIO‐4: Nesting Bird Surveys •BIO‐5: Special Status Plant Surveys •BIO‐6: Oregon White Oak Removal •BIO‐7: Watercourses and Erosion Best Management Practices •Hazards and Wildfire •HAZ‐1: Firesafe precautions for gasoline‐powered equipment Page 476 of 592 ENVIRONMENTAL REVIEW •The Draft ISMND was circulated for public review from January 18, 2022 through February 21, 2022 o City of Ukiah Public Works Department o City of Ukiah Police Department o City of Ukiah Electrical Utility Department o City of Ukiah Community Development Department Building Division o City of Ukiah Municipal Airport Operations Manager o Ukiah Valley Fire Authority o County of Mendocino o California Department of Fish and Wildlife o Regional Water Quality Control Board o U.S. Army Corps of Engineers o Local and California Native American tribes •Two written public comments received. Page 477 of 592 STAFF RECOMMENDATIONS Staff recommends Council: 1) Approve the Resolution to adopt the Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project; and 2) Approve construction of the trail and authorize the City Manager or designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group. Page 478 of 592 Page 1 of 4 Agenda Item No: 11.b. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1474 AGENDA SUMMARY REPORT SUBJECT: Conduct Protest Hearing about Residential Garbage Curbside Collection Rates. DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director, Sage Sangiacomo, City Manager PRESENTER: Dan Buffalo, Director of Finance ATTACHMENTS: 1. January 19, 2022, City Manager's Report 2. SWS UWS April 2022 Adjustment 3. Rate Comparison 4. Prop 218 Notice, 1-19-22 5. Protest Letters 6. 11b Correspondence Received - Heather Seggel 7. 11b Correspondence Received - Steve Scalmanini Summary: The City Council will conduct a protest hearing on residential garbage curbside collection rates. Background: On January 19, 2022, the City Council received and reviewed a determination from the City Manager on proposed garbage collection and transfer station rates, as intended to be adjusted by Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. for curbside and Ukiah Transfer Station services, respectively. A five-year financial review of the companies was also due and completed. The proposed rate adjustments are, by contract, allowed annually to address cost adjustments borne by the City's franchise solid waste contractor. Those operating costs are limited and specifically identified by contract as pass-through or affected by inflation, measured by the consumer price index (CPI-u). The Council accepted the City Manager's report (Attachment 1) and, pursuant to the terms of the operating agreements between the City and companies, the recommended rate adjustments found in the report were implemented. For residential curbside collection rates, the City Manager recommended conducting a protest procedure under Proposition 218, culminating in a protest hearing on March 16, 2022. Pursuant to contracts between the City of Ukiah and Ukiah Waste Solutions, Inc., and City of Ukiah and Solid Waste Systems, Inc. (collectively referred to herein as the "Company"), notices of intent were submitted to the City by the Company on August 13, 2021, for adjustments to collection rates for residential and commercial curbside service and rates for Ukiah Transfer Station services. These notices are allowed by contract annually, and any subsequent adjustments to rates are applied to the next calendar year. Corresponding notices are further detailed in the discussion section and included as attachments to this report. Additionally, per the agreements between the City and Company, the City completed a five-year review of the Company's financial statements through December 30, 2020. The subsequent analysis and other due diligence completed was included in this City Manager's report supporting these rate revisions. Because of the additional time needed to examine and complete its due diligence for the five-year financial review, the City and Company agreed to delay any subsequent rate adjustment to April 2022 following a Proposition 218 protest period. Page 479 of 592 Page 2 of 4 Discussion: The information presented herein was part of the report given to the Council at the meeting of January 19, 2022. Additional information relevant to this item has been emboldened for Council's consideration. The Finance Department was tasked to review the methodology and supporting materials used by the Company to arrive at the proposed rate adjustments to evaluate its conformity with contract requirements. As required by contract and following Finance's review, the City Manager reviewed the notices of intent from the Company received in August, 2021. The Department also coordinated with the Company in the five-year review, starting with the receipt of reviewed financial statements, compiled and reported on by an independent CPA firm, Moss Adams (CPA Firm). As part of its due diligence, the Department examined those reviewed statements and the report from CPA Firm, concluding that the revenue, expenses, and net profit (and losses) were reasonable in the context of the Company's proposed rate adjustments. The Company has proposed making changes to its pricing schedule for curbside collection in addition to the regular annual adjustment. City management reviewed these changes in the context of the five-year review and met with the Company to discuss them in detail. Staff was satisfied with the reasons and methodology presented and, after submitting feedback to the Company, received revised rate changes, finding them reasonable in support of the need for this pricing rebalance. Requested changes made by the Company result in modifications to pricing of all services. Notably, these changes help to address the effects on service costs of significantly rising inflation for both the Company and city customers by more equitably distributing such costs to the customer base. This was one of the purported outcomes of the five-year review: to better align costs, pricing, and service delivery to customers given actual costs incurred over that period. Additionally, included in this rebalancing and rate adjustment (and as permitted agreement) are pass-through costs related to performance of the five-year review, and for amounts authorized by the Council to be paid for mitigation expenses related to solid waste collection, such as to the Mendocino Solid Waste Management Authority (MSWMA). No rebalancing to the rate schedule for the Transfer Station was requested by the Company. The adjustments presented here are simply to account for pass-throughs and other costs that were experienced regularly during prior annual adjustments. The Company expressed an interest in revisiting a rebalancing approach to Transfer Station rates sometime in the near future (similar to curbside discussed earlier), and staff agreed it was best broached at a later date when potential costs related to the landfill closure and post closure were better understood. For both curbside and transfer station services, the regular cost elements under review consist of changes to the following: Curbside collection costs: -fuel -landfill disposal fees for garbage -landfill disposal fees for mixed organic waste -recycling processing costs -operating costs affected by inflation (CPI-u) -five-year financial review (independent CPA services) -mitigation costs, including authorized amounts paid to MSWMA Transfer Station costs: -fuel -disposal and processing costs of garbage and recycling -property tax based on tonnage -operating costs affected by inflation (CPI-u) Page 480 of 592 Page 3 of 4 The consumer price index (CPI-u) used was for the San Francisco-Oakland-San Jose area, which is the most relevant inflationary metric geographically and the index used for this analysis in the past. It is important to note that the City is responsible for ensuring the agreement between it and the Company is maintained well and that value is maximized for the citizenry. This is done through a comprehensive annual review process, including examining financials, service delivery, and by comparing our service arrangements to those enjoyed by other sister agencies and neighboring communities. Supporting documentation provided by the Company for Ukiah Transfer Station services and curbside services is attached here as Attachment 2. Specifically, the rates for transfer station and curbside services are presented on pages 4 and 10 respectively of the pdf. Information found in these rate schedules were included in the 218 notice following initiation of the process by Council. The determination by the Finance Department and recommendation to the City Manager after review and testing of information provided by the Company is that the financial justifications for rate adjustments are reasonable and justifiable. Further, the value provided to the citizenry of Ukiah through the agreements with the Company remains high, offering a quality level of service at a competitive price. A rate comparison to neighboring agencies is attached as Attachment 3. At the Council meeting on January 19, 2022, staff recommended initiation of a Prop 218 protest period for these adjusted rates before final implementation corresponding with the completion of the five- year review. Five years is generally considered the appropriate and regular duration of time when property-related rates and fees should be evaluated as a whole and re-established through the 218 process. The protest hearing scheduled for this meeting, March 16, 2022, will conclude the protest period and result in the full rate adjustment implementation, effective April 1, 2022. If the protest threshold is reached (defined as a majority of written protests received by the City before or at the time of the scheduled protest hearing from either a property owner or tenant representing only one vote per parcel), the residential curbside rate adjustment will not go into effect and will require Council to reconsider those rate adjustments and potentially re-initate the protest procedure. A copy of the disseminated notice of intent to adjust residential curbside collection rates is attached here for reference as Attachment 4. Protest letters at the time of publication are included as Attachment 5. Any additional letters received will be forwarded and posted with the item as correspondence received. The protest period period ends at the conclusion of the protest hearing. Any and all written protests must be received by the end of the protest period. The proposed rate adjustment does not include the reopening of the recycling buy-back center, which would require a more significant rate increase (to all users) in order to be financially feasible along with need to address other problems previously discussed and considered by Council. The collapse of the recycling market is a statewide--even nationwide--issue that remains without a solution. State law mandates that, in the absence of a buy-back center within one-half mile, retailers that sell beverages with California Redemption Value (CRV) must also take back empties or pay fines of $100 per day to the State. However, many retailers are out of compliance with this law and/or face difficulties with implementation, leaving consumers without an option to return their recyclables for cash. CRV monies are collected by CalRecycle, not by local governments or local waste haulers. Those funds are used to refund recycling buy-back centers for the recyclables they take in. However, money collected from recyclables that are not redeemed for cash stays with CalRecycle. Recommended Action: Conduct protest hearing on residential garbage curbside collection rates. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A Page 481 of 592 Page 4 of 4 FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 482 of 592 Page 1 of 3 Agenda Item No: 12.b. MEETING DATE/TIME: 1/19/2022 ITEM NO: 2022-1218 AGENDA SUMMARY REPORT SUBJECT: Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates in Compliance with Solid Waste Contracts, and Initiation of Proposition 218 Protest Period for Residential Curbside Collection Rates. DEPARTMENT:Finance PREPARED BY:Dan Buffalo, Finance Director, Sage Sangiacomo, City Manager PRESENTER:Dan Buffalo, Director of Finance ATTACHMENTS: 1.SWS UWS April 2022 Adjustment 2.Rate Comparison Summary: The City Council is asked to receive and review a determination from the City Manager of proposed rates, as intended to be adjusted by Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. for curbside and Ukiah Transfer Station services, respectively. A five-year financial review of the companies was also due and completed. The proposed rate adjustments are, by contract, allowed annually to address cost adjustments borne by the City's franchise solid waste contractor. Those operating costs are limited and specifically identified by contract as pass-through or affected by inflation, measured by the consumer price index (CPI-u). Background: Pursuant to contracts between the City of Ukiah and Ukiah Waste Solutions, Inc., and City of Ukiah and Solid Waste Systems, Inc. (collectively referred to herein as the "Company"), notices of intent were submitted to the City by the Company on August 13, 2021, for adjustments to collection rates for residential and commercial curbside service and rates for Ukiah Transfer Station services. These notices are allowed by contract annually, and any subsequent adjustments to rates are applied to the next calendar year. Corresponding notices are further detailed in the discussion section and included as attachments to this report. Additionally, per the agreements between the City and Company, the City completed a five-year review of the Company's financial statements through December 30, 2020. The subsequent analysis and other due diligence completed was included in this City Manager's report supporting these rate revisions. Because of the additional time needed to examine and complete its due diligence of the five-year financial review, the City and Company agreed to delay any subsequent rate adjustment to March 2022 following a Proposition 218 protest period. Discussion: The Finance Department was tasked to review the methodology and supporting materials used by the Company to arrive at the proposed rate adjustments to evaluate its conformity with contract requirements. As required by contract and following Finance's review, the City Manager reviewed the notices of intent from the Company received in August, 2021. The Department also coordinated with the Company in the five-year review, starting with the receipt of reviewed financial statements, compiled and reported on by an independent CPA firm, Moss Adams (CPA Firm). As part of its due diligence, the Department examined those reviewed statements and the report from CPA Firm, concluding that the revenue, expenses, and net profit (and losses) were reasonable in the context of the Company's proposed rate adjustments. ATTACHMENT 1 Page 483 of 592 Page 2 of 3 The Company has proposed making changes to its pricing schedule for curbside collection in addition to the regular annual adjustment. City management reviewed these changes in the context of the five-year review and met with the Company to discuss them in detail. Staff was satisfied with the reasons and methodology presented and, after submitting feedback to the Company, received revised rate changes, finding them reasonable in support of the need for this pricing rebalance. Requested changes made by the Company result in modifications to pricing of all services. Notably, these changes help to address the effects on service costs of significantly rising inflation for both the Company and city customers by more equitably distributing such costs to the customer base. This was one of the purported outcomes of the five-year review: to better align costs, pricing, and service delivery to customers given actual costs incurred over that period. Additionally, included in this rebalancing and rate adjustment (and as permitted agreement) are pass-through costs related to performance of the five-year review, and for amounts authorized by the Council to be paid for mitigation expenses related to solid waste collection, such as to the Mendocino Solid Waste Management Authority (MSWMA). No rebalancing to the rate schedule for the Transfer Station was requested by the Company. The adjustments presented here are simply to account for pass-throughs and other costs that were experienced regularly during prior annual adjustments. The Company expressed an interest in revisiting a rebalancing approach to Transfer Station rates sometime in the near future (similar to curbside discussed earlier), and staff agreed it was best broached at a later date when potential costs related to the landfill closure and post closure were better understood. For both curbside and transfer station services, the regular cost elements under review consist of changes to the following: Curbside collection costs: -fuel -landfill disposal fees for garbage -landfill disposal fees for mixed organic waste -recycling processing costs -operating costs affected by inflation (CPI-u) -five-year financial review (independent CPA services) -mitigation costs, including authorized amounts paid to MSWMA Transfer Station costs: -fuel -disposal and processing costs of garbage and recycling -property tax based on tonnage -operating costs affected by inflation (CPI-u) The consumer price index (CPI-u) used was for the San Francisco-Oakland-San Jose area, which is the most relevant inflationary metric geographically and the index used for this analysis in the past. It is important to note that the City is responsible for ensuring the agreement between it and the Company is maintained well and that value is maximized for the citizenry. This is done through a comprehensive annual review process, including examining financials, service delivery, and by comparing our service arrangements to those enjoyed by other sister agencies and neighboring communities. The determination by the Finance Department and recommendation to the City Manager after review and testing of information provided by the Company is that the financial justifications for rate adjustments are reasonable and justifiable. Further, the value provided to the citizenry of Ukiah through the agreements with the Company remains high, offering a quality level of service at a competitive price. A rate comparison to Page 484 of 592 Page 3 of 3 neighboring agencies is attached as Attachment 2. Staff recommends initiation of a Prop 218 protest period for these adjusted rates before final implementation corresponding with the completion of the five-year review. Five years is generally considered the appropriate and regular duration of time when property-related rates and fees should be evaluated as a whole and re- established through the 218 process. Supporting documentation provided by the Company for Ukiah Transfer Station services and curbside services is attached here as Attachment 1. Specifically, the rates for transfer station and curbside services are presented on pages 4 and 10 respectively of the pdf. Information found in these rate schedules will be included in the 218 notice following initiation of the process by Council. The proposed rate adjustment does not include the reopening of the recycling buy-back center, which would require a more significant rate increase (to all users) in order to be financially feasible along with need to address other problems previously discussed and considered by Council. The collapse of the recycling market is a statewide--even nationwide--issue that remains without a solution. State law mandates that, in the absence of a buy-back center within one-half mile, retailers that sell beverages with California Redemption Value (CRV) must also take back empties or pay fines of $100 per day to the State. However, many retailers are out of compliance with this law and/or face difficulties with implementation, leaving consumers without an option to return their recyclables for cash. CRV monies are collected by CalRecycle, not by local governments or local waste haulers. Those funds are used to refund recycling buy-back centers for the recyclables they take in. However, money collected from recyclables that are not redeemed for cash stays with CalRecycle. Recommended Action: Confirm the determination of the City Manager, as reported here, of compliance with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. regarding the company's notice of intent to adjust curbside collection and transfer station rates, authorize the initiation of the Proposition 218 protest period for residential curbside collection rates, and schedule the subsequent protest hearing for March 2, 2022. 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 485 of 592 COSTS Subject to adjustment Cost Index Adjustment Allowed Operating Costs subject to CPI $2,409,140.74 CPI 106,243.11$ Fuel $196,025.33 Fuel 97,631.75$ Disposal - Garbage $830,562.84 Contract rate Pass Through 32,973.34$ Disposal - Processing $395,960.72 Negotiated Pass Through 30,964.13$ Disposal - Processing Recycling $204,392.43 Pass Through (3,916.08)$ Pass Through -$ Maint / Prop Tax $2.36/ton $104,909.29 CPI Pass Through 4,626.50$ City Rent $10/ton $444,531.05 Lease rate Pass Through -$ City Landfill Fee $14/ton $622,343.47 Set by City Pass Through -$ MSWMA Fee $6.50/ton $288,945.09 Set by City Pass Through -$ Total COSTS Subject to adjustment $5,496,810.96 268,522.75$ Adjusted Costs 5,765,333.71$ Adjustments:$0.00 -$ Total Adjustments $0.00 -$ Adjusted Cost $5,496,810.96 268,522.75$ Revenue base Comparison Year Revenue $4,162,780.83 Fuel $97,631.75 Disposal - garbage $32,973.34 Disposal - processing $30,964.13 CPI adjustment $106,243.11 City Landfill Fee $14/ton $0.00 Maint / Prop Tax $2.36/ton $4,626.50 Disposal Processing - Recycling -$3,916.08 $0.00 Revenue change - Contractor $268,522.75 Less: City & MSWMA Fee Adjustments Adjusted revenue $4,431,303.58 Adjusted Revenue Difference $268,522.75 Current Adjustment New Contractor Rate increase as a percent 6.45%$78.53 $5.07 $83.60 MSWMA Rate increase as a percent 0.00%$6.50 $0.00 $6.50 City Rate increase as a percent 1.87%$24.00 $0.45 $24.45 $109.03 Total Rate $114.55 EFFECTIVE RATE ADJUSTMENT PERCENT 5.06% Solid Wastes Systems Transfer Station Effective Date April, 2022 Annual Adjustment Calculations Using 2020 Year Data Attachment 1 Page 486 of 592 Solid Wastes Systems Transfer Station Effective Date April, 2022 Annual Adjustment Calculations Using 2020 Year Data Fuel - June to June (EIA Petroleum & Other Liquids) See Fuel cost adjustment worksheet CPI Bay Area- June to Nov June 2020 Nov 2021 Index Increase (Decrease) 300.032 313.265 13.233 CPI % Change 4.41% Landfill Fee Jan to Jan CPI Jun to Jun CPI Jun to Nov 90% January 2021 January 2022 2020 2021 Increase (Decrease) $ 25.36 $ 26.37 300.032 313.265 13.233 3.97% Disposal - Garbage Cost % Change 3.97% Disposal Processing Fee Jan to Jan CPI Jun to Jun CPI Jun to Nov January 2021 January 2022 2020 2021 Increase (Decrease) $ 32.10 $ 34.61 257.797 277.948 20.151 Disposal - Green Waste Cost % Change 7.82% Transfer Station MSW Tonnage at gate, Year to Year June 2020 Y/E 2020 Increase (Decrease) 42,800.54 44,453.09 1,652.55 Tonnage % Change 3.86% City Landfill Fee June to June January 2021 January 2022 Increase (Decrease) $ 14.00 $ 14.00 $ 0.00 City Landfill Fee % Change 0.00% MSWMA Fee June to June January 2021 January 2022 Increase (Decrease) $ 6.50 $ 6.50 $ 0.00 MSWMA Fee % Change 0.00% Recycle Tip Fee June to June Y/E June 2020 Y/E 2020 Increase (Decrease) $208,308.51 $204,392.43 -$3,916.08 Rate Review Cost MSW Tons 12 Mo. MSW Tons 9 Mo.Per Ton $15,000.00 44,453.09 33,339.82 $0.45 Retrieved over 9 months (April - Dec 2022) Worksheet for computing the change in various indexes and factors which comprise the components on which rates are adjusted Attachment 1 Page 487 of 592 Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June SWS Base Year Fuel Index and Cost 3.216 $201,261.07 June 2020 after 5 yr Review - Jan 2021 Annual adjustment based on Fuel Index change, year to year (using example fuel index changes) 1 Estimated Fuel index adjustment at Dec 2021 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2022 rate revision $97,631.75 $0.00 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 1 - 2022 2 Estimated Fuel index adjustment at June 2022 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2023 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 2 - 2023 3 Estimated Fuel index adjustment at June 2023 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2024 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 3 - 2024 4 Estimated Fuel index adjustment at June 2024 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2025 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 4 - 2025 5 Estimated Fuel index adjustment at June 2025 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2026 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 5 - 2026 Index Change - New vs. Base Year Attachment 1 Page 488 of 592 Calculated NEW 2022 2022 2021 FA Rate Item Rate Rate Rounded * MSW - Ton $109.00 $114.52 $114.50 This rate adjusted by 5.06% (effective rate) MSW - Yard $24.40 $25.70 $25.70 This rate = 24.05% of per ton contractor gate fee PLUS per ton City & MSWMA fees divided by 5.54 (yards / ton) Minimum Gate Fee - MSW Up to 3 cans $12.20 $12.85 $12.85 This rate = MSW Yard fee / 2 Per Can Rate - 32 gallon After 3 cans $4.05 $4.28 $4.30 This rate - Min Gate fee / 3 Green Waste - Ton $51.70 $55.03 $55.05 Green Waste - Yard $7.50 $7.98 $8.00 Minimum Gate Fee - Green Waste $7.40 $7.88 $7.90 Mixed Load - Additional Charge $23.10 $24.59 $24.60 Appliances $12.65 $13.47 $13.45 Oil Filters - Small $0.45 $0.48 $0.50 Oil Filters - Medium $0.80 $0.85 $0.85 Oil Filters - Large $1.10 $1.17 $1.15 Concrete - Ton $81.05 $86.28 $86.30 Dirt - Ton $81.05 $86.28 $86.30 These rates adjusted by 6.45% (contractor rate) Sheetrock - Clean $51.70 $55.03 $55.05 Sheetrock - Dirty $81.05 $86.28 $86.30 Tires - Bicycle $1.45 $1.54 $1.55 Tires - Motorcycle $2.80 $2.98 $3.00 Tires - Passenger Car $4.25 $4.52 $4.50 Tires - Passenger Car with Rim $6.60 $7.03 $7.05 Tires - Truck $9.00 $9.58 $9.60 Tires - Truck with Rim $12.15 $12.93 $12.95 Tires - Tractor 53.40 - 403.90 56.84 - 429.95 56.85 - 429.95 E-Waste - Computers No Charge No Charge No Charge E-Waste - Monitors No Charge No Charge No Charge Scrap Metal No Charge No Charge No Charge * Rates are rounded to the nearest five cents Transfer Station Rate Schedule Solid Wastes Systems, Inc. Effective Date April, 2022 Attachment 1 Page 489 of 592 NEW 2022 Rate Item Rounded * MSW - Ton $114.50 MSW - Yard $25.70 Minimum Gate Fee - MSW Up to 3 cans $12.85 Per Can Rate - 32 gallon After 3 cans $4.30 Green Waste - Ton $55.05 Green Waste - Yard $8.00 Minimum Gate Fee - Green Waste $7.90 Mixed Load - Additional Charge $24.60 Appliances $13.45 Oil Filters - Small $0.50 Oil Filters - Medium $0.85 Oil Filters - Large $1.15 Concrete - Ton $86.30 Dirt - Ton $86.30 Sheetrock - Clean $55.05 Sheetrock - Dirty $86.30 Tires - Bicycle $1.55 Tires - Motorcycle $3.00 Tires - Passenger Car $4.50 Tires - Passenger Car with Rim $7.05 Tires - Truck $9.60 Tires - Truck with Rim $12.95 Tires - Tractor 56.85 - 429.95 E-Waste - Computers No Charge E-Waste - Monitors No Charge Scrap Metal No Charge * Rates are rounded to the nearest five cents Solid Wastes Systems, Inc. Transfer Station Rate Schedule Effective Date April, 2022 Attachment 1 Page 490 of 592 SWS Transfer Station Agreement Adjustment Adjustment Index Cost Cost/Rev Period Method Used Group 1,2,4 Construction / Lease $2.36 / MSW ton Annual 100% of index change CPI - US Cities CPI-U Base Rate as Adjusted 3 Construction / Lease $10.00 / MSW ton Time to Time Per City N/A Pass Through 1,2 Fuel Annual 100% of index change eia CA #2 Diesel Retail all sellers Base Rate as Adjusted Disposal - Landfill Time to Time Per Landfill Agreement N/A Pass Through 9 Disposal - Processing Time to Time Per Processor Agreements N/A Pass Through 1,2 Operating Costs Annual 100% of index change CPI - US Cities CPI-U Base Rate as Adjusted Per Ton Contractor Gate 4 City Franchise Fee $2.00 Time to Time Per City N/A Pass Through 4 MSWMA Fee $5.00 Time to Time Per MSWMA N/A Pass Through 6,7,8 TOTAL GATE FEE Notes 1 Agreement should state mutually agreed upon Index if Index becomes unavailable 2 June to June change 3 Lease rate replaces construction rate January 1, 2017 - $10.00 per ton MSW 4 Part of Construction rate left in gate rate to cover triple net lease costs (adjusts by CPI) starting January 1, 2017. i.e.. Prop tax, Insurance & R&M. 4 Agreement should state initial rate, subject to change by City / MSWMA action 5 Exhibit of calculation to be made part of agreement 6 SWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1. 7 Per Yard Gate Fee shall be equal to 24.05% of per ton contractor gate fee PLUS per ton City & MSWMA fees divided by 5.54 (MSWMA yards / ton) 8 Rate change is calculated as follows: % annual adjustment X actual prior year (July to June) component cost = new funds needed / total gate revenue = % adjustment to gate rate. 9 Processing contract mutually agreed to with city - i.e. PRS grinding yard rate charged SWS for greenwaste. City can direct SWS to implement other programs, provided the costs of such programs are covered through increased rates. Attachment 1 Page 491 of 592 SWS CPI Operating Costs TOTAL Expenses 2020 $5,578,219.35 Less: Fuel -$196,025.33 Disposal - Garbage -$830,562.84 Disposal - Processing -$395,960.72 Disposal - Recycling -$204,392.43 Maint / Prop Tax $2.36/ton -$104,909.29 City Rent $10/ton -$444,531.05 City Landfill Fee $14/ton -$622,343.47 MSWMA Fee $6.50/ton -$273,224.86 Scrap Metal Cost $0.00 Buyback Recycle Purchase Cost $0.00 Compost / Landscape Cost -$97,128.62 TOTAL CPI Allowed Operating Costs $2,409,140.74 Comparison Year Revenue Total Revenue $5,617,379.43 Less: Scrap Metal $0.00 Buyback $0.00 Compost / Landscape -$114,499.22 City Rent $10/ton -$444,531.05 City Landfill Fee $14/ton -$622,343.47 MSWMA Fee $6.50/ton -$273,224.86 Comparison Year Revenue $4,162,780.83 Attachment 1 Page 492 of 592 Comparison Year Costs 2020 Index Increase / Decrease Allowed TOTAL COSTS $4,498,471.74 Less: Fuel Cost $133,120.59 Fuel $78,995.17 Less: Disposal Fees - Garbage $1,245,894.12 SWS TS Gate $62,917.65 Less: Disposal Fees - Mixed Organic Waste $147,429.23 Negotiated $11,705.88 Less: Processing - Recycling $178,638.35 Contract $3,046.05 Less: City Landfill Closure Costs $60,000.00 Set by City $0.00 Less: City Commercial Oversight fee $9,999.96 Set by City $0.00 Collection Costs $2,723,389.49 Change in Franchise Fee & Billing Costs $60,753.56 Collection COSTS Subject to CPI adj.$2,723,389.49 CPI BA $120,101.48 $337,519.79 TOTAL Total Revenue base Residential Commercial Roll Off Revenue 27.74%65.77%6.49% 100.00% $1,310,791.27 $3,108,165.75 $306,878.86 $4,725,835.88 2020 Comparison Year Revenue $1,310,791.27 $3,108,165.75 $306,878.86 $4,725,835.88 Fuel Cost $21,910.66 $51,954.85 $5,129.66 $78,995.17 Disposal Fees - MOW $3,246.83 $7,698.92 $760.14 $11,705.89 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Processing - Recycle $844.87 $2,003.38 $197.80 $3,046.05 Landfill closure cost $0.00 $0.00 $0.00 $0.00 Commercial Oversight fee $0.00 $0.00 $0.00 $0.00 Other Regulatory & Governmental Costs $0.00 $0.00 $0.00 $0.00 Disposal Fees - Garbage $17,451.28 $41,380.72 $4,085.65 $62,917.65 CPI adjustment $33,312.20 $78,990.32 $7,798.96 $120,101.48 Total before franchise and billing fees $1,387,557.11 $3,290,193.94 $324,851.07 $5,002,602.12 Franchise & Billing Fees $16,851.04 $39,957.41 $3,945.12 $60,753.56 Rate Review Cost (9mo)$20,000.00 $5,547.34 $13,153.93 $1,298.73 $20,000.00 Abatement Recovery (9mo)$39,253.33 $10,887.58 $25,816.78 $2,548.97 $39,253.33 Indexed Adjusted revenue $1,420,843.07 $3,369,122.06 $332,643.89 $5,122,609.02 Indexed 2022 Revenue Adjustment $110,051.80 $260,956.31 $25,765.03 $396,773.14 5 Yr Cost Recovery Adjustment $23,119.20 $81,495.60 $104,614.80 Actual Collected Abatement & Review Cost Adustment ($14,813.33) Adjusted revenue with 5 Yr Cost Recovery $5,212,410.49 Ukiah Waste Solutions Curbside Rate Annual Adjustment Calculations Effective Date April 1, 2022 Per Adjustment Summary Attachment 1 Page 493 of 592 Ukiah Waste Solutions Curbside Rate Annual Adjustment Calculations Effective Date April 1, 2022 June 2020 Nov 2021 Index Increase (Decrease) 300.032 313.265 13.233 CPI % Change 4.41% January 2021 April 2022 Increase (Decrease) $109.00 $114.50 $5.50 Transfer Station Fee % Change 5.05% June 2020 Nov 2021 Increase (Decrease) PRS 90%CPI Jun to Jun 300.032 313.265 13.233 3.97% CCC 90%CPI Jun to Jun 300.032 313.265 13.233 3.97% $57.45 $62.01 7.94% Disposal Fee - Green Waste % Change 7.94% January 2020 January 2021 Increase (Decrease) $60,000.00 $60,000.00 $0.00 Landfill Closure Costs % Change 0.00% January 2020 January 2021 Increase (Decrease) $10,000.00 $10,000.00 $0.00 Commercial Oversight Fee % Change 0.00% Y/E June 2020 Y/E June 2021 Increase (Decrease) $164,618.85 $167,664.90 $3,046.05 City Franchise Fee 15%City Billing Fee - Residential Customers 3% Recycle Tip Fee June to June Commercial Oversight Fee Jan to Jan Landfill Closure Costs Jan to Jan Mixed Organic Waste Disposal Fee (Disposal - Green Waste) Jan to Jan Transfer Station Fee (Disposal Fees - Garbage) Jan to Jan CPI Bay Area - June to June (Index) Fuel - June to June (EIA Petroleum & Other Liquids) See Fuel Cost Adjustment Worksheet Attachment 1 Page 494 of 592 Effective Date April 1, 2022 Current New 2021 2022 Total Monthly Service Level Rate Rate Adjustment Curbside Service No Service Minimum Charge 10.00$10.36$0.36$ 20 gallon can rate 19.97$21.65$1.68$ 32 gallon can rate 21.74$24.39$2.65$ 68 gallon can rate 51.36$55.67$4.31$ 95 gallon can rate 72.36$78.44$6.08$ Other combinations - rate per gallon 0.85$0.92$0.07$ 1 yard bin rate 153.76$173.44$19.68$ 1.5 yard bin rate 181.68$216.80$35.12$ 2 yard bin rate 242.27$281.84$39.57$ 3 yard bin rate 363.37$411.92$48.55$ 4 yard bin rate 484.49$542.00$57.51$ 6 yard bin rate 726.75$787.80$61.05$ Packout Service 20 gallon can rate 25.07$27.18$2.11$ 32 gallon can rate 28.46$31.93$3.47$ 68 gallon can rate 66.86$72.48$5.62$ 95 gallon can rate 96.58$104.69$8.11$ Other combinations - rate per gallon 1.03$1.12$0.09$ Remote Area Service Add to the Packout Service rate.9.49$10.29$0.80$ In areas with limited access, an additional fee is charged to fund the costs of special equipment and special handling necessary to provide garbage pickup services. This fee is in addition to the "Packout Service" fee listed in this schedule. Commercial / Multi-Family Service 20 gallon can rate 20.73$22.47$1.74$ 32 gallon can rate 24.12$27.06$2.94$ 68 gallon can rate 57.02$61.81$4.79$ 95 gallon can rate 80.35$87.10$6.75$ 1 yard bin rate 153.76$173.44$19.68$ 1.5 yard bin rate 181.68$216.80$35.12$ 2 yard bin rate 242.27$281.84$39.57$ 3 yard bin rate 363.37$411.92$48.55$ 4 yard bin rate 484.49$542.00$57.51$ 6 yard bin rate 726.75$787.80$61.05$ Ukiah Waste Solutions, Inc. 2022 RATE ADJUSTMENT SUMMARY OF RATE ADJUSTMENT FOR STANDARD SERVICES Attachment 1 Page 495 of 592 Calculation to adjust fuel costs Effective Date January 1, 2022 Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June UWS Base Year Fuel Index and Cost 3.216 $162,843.06 June 2020 after 5 yr Review - Jan 2021 Annual adjustment based on Fuel Index change, year to year (using example fuel index changes) 2 Fuel index adjustment at Dec 2021 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2022 rate revision $78,995.17 $0.00 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 1 - 2022 3 Estimated Fuel index adjustment at June 2022 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2023 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 2 - 2023 4 Estimated Fuel index adjustment at June 2023 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2024 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 3 - 2024 5 Estimated Fuel index adjustment at June 2024 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2025 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 4 - 2025 6 Estimated Fuel index adjustment at June 2025 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2026 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 5 - 2026 Index Change - New vs. Base Year Attachment 1 Page 496 of 592 Recycle Charge or Payment From To Tip / Credit Zero Point $115.00 $154.99 $0.00 Tip Fee $105.00 $114.99 $15.00 Charge to Customer $95.00 $104.99 $25.00 $85.00 $94.99 $35.00 $75.00 $84.99 $45.00 $74.99 and below $55.00 PMT $155.00 $164.99 $5.00 Payment to Customer $165.00 $174.99 $10.00 $175.00 $184.99 $15.00 $185.00 $194.99 $20.00 $195.00 and up $25.00 Recycling Per Ton TOTAL 2020 Material CMV Tons Tip Fee/Pmt Fee / Pmt Jul $45.51 315.95 $55.00 $17,377.25 Aug $51.09 303.41 $55.00 $16,687.55 Sep $57.23 306.01 $55.00 $16,830.55 Oct $60.38 265.45 $55.00 $14,599.75 Nov $64.18 255.45 $55.00 $14,049.75 Dec $68.45 285.06 $55.00 $15,678.30 2021 Jan $59.39 248.44 $55.00 $13,664.20 Feb $60.42 242.99 $55.00 $13,364.45 Mar $63.63 271.88 $55.00 $14,953.40 Apr $83.92 276.02 $45.00 $12,420.90 May $83.22 246.94 $45.00 $11,112.30 Jun $97.29 277.06 $25.00 $6,926.50 $167,664.90 Ukiah Waste Solutions Tip Fee or (Credit) Schedule Market Value Grid Attachment 1 Page 497 of 592 Effective Date January 1, 2018 Adjustment Adjustment Index Cost Cost/Rev Period Method Used Group 1,2 Fuel Annual 100% of index change eia Ca #2 Diesel Retail all sellers Base Rate as Adjusted Disposal - Solid Waste Time to Time Per TS (SWS) Agreement N/A Pass Through 1,2 Operations (all other costs)Annual 100% of index change CPI - US Cities CPI-U Base Rate as Adjusted 3 Recycle Reduction Annual Per Recycle Agreement Rec Market Value Grid - $5 base Operating Cost Reduction 1,2 Green Waste Disposal $30 / Ton Annual Up to CPI (Contractor Choice)CPI - US Cities CPI-U Base Rate as Adjusted 1,2,8 Food Waste Disposal (Comm)Up to $40 / ton Annual Up to CPI (Contractor Choice)CPI - US Cities CPI-U Base Rate as Adjusted 4 City Franchise Fee 15%Time to Time City Action N/A Pass Through 4 City Bill Fee 3%Time to Time City Action N/A Pass Through 4 City Oversight Fee $10,000.00 Time to Time City Action N/A Pass Through 4 City Landfill Closure Fee $60,000.00 Time to Time City Action N/A Pass Through 6,9 TOTAL NET COST Notes 1 Agreement should state mutually agreed upon Index if Index becomes unavailable 2 June to June change 3 Recycle Agreement with PRS renewable every 5 years with Base Market Value per mixed ton to provide for Rev sharing with City (reduction of operating costs). 4 Agreement should state initial rate, subject to change by City action 5 Exhibit of calculation to be made part of agreement 6 UWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1. 7 Agreement must provide for City Flow Control with language that directs flow to contractor facilities when available. 8 FOOD WASTE - UWS will implement a pilot and or full commercial food waste program in place by June 2013 provided proper permits can be obtained Details still to be worked out. 9 Rate change is calced as follows: % annual adjustment X actual prior year (July to June) actual component cost = new funds needed / collection revenue = % adjustment per rate. New cost adj dollars (fuel, disposal, city fees etc..) need to be adjusted for city fees - CPI adj does not. RE-OPENER - the contract should have a mutual re-opener for other new items Ukiah Waste Solutions Curbside Agreement Attachment 1 Page 498 of 592 UWS disposal rate for MOW Effective Date January 1, 2022 Current 2021 Tip Fee $59.13 $59.13 PRS 90% CPI 2021 3.97% CCC 90% CPI 2021 3.97% 7.94% MOW Tip Fee 2022 with CPI $63.82 Percentage Increase/Decrease 7.94% Attachment 1 Page 499 of 592 RESIDENTIAL / COMMERCIAL Residential Carts 1 - 10*** 11 - 20 21 - 32 33 - 68 69 - 95 Gallons 8.40%2022 Rates No Service Fee 1x/WK 1x/WK 1x/WK 1x/WK 1x/WK 8.4100%Roadside 10.36 N/A 21.65 24.39 55.67 78.44 12.19%Pack Out*10.29 N/A 27.18 31.93 72.47 104.69 8.39%Remote**20.58 N/A 37.47 42.22 82.76 114.98 * Pack Out service is limited to the elderly and disabled who apply directly through Ukiah Waste Solutions @ 707-234-6400. ** The additional charges of Remote service may be required for certain areas with difficult access. *** 10 gallon containers and rates are longer available to new customers effective January 1, 2018. Existing customers with these containers may continue to use them at the 20-gallon cart rate. Commercial / Multi-Family Carts 2022 Rates 1 - 10***11 - 20***21 - 32 33 - 68 69 - 95 Gallon 8.39%1 Can - 1x/WK N/A 22.47 27.06 61.81 87.10 8.40%1 Can - 2x/WK 60.13 137.57 193.58 12.2%1 Can - 3x/WK 100.48 210.92 294.70 2 Cans - 1x/WK 60.13 137.57 193.58 *** 10 gallon containers and rates are longer available to new customers effective January 1, 2018. Existing customers with these containers may continue to use them at the 20-gallon cart rate. Commercial / Multi-Family Bins Yards Number of pick-ups per week Extra 2022 Rates Dollars / Yard 1x/WK 2x/WK 3x/WK 4x/WK 5x/WK 6x/WK Pick-up 1.0 173.44 0.00 0.00 0.00 0.00 0.00 40.06 1.5 216.80 433.60 650.40 867.20 1,084.00 1,300.80 50.07 2.0 281.84 563.68 845.52 1,127.36 1,409.20 1,691.04 65.09 3.0 411.92 823.84 1,235.76 1,647.68 2,059.60 2,471.52 95.13 4.0 542.00 1,084.00 1,626.00 2,168.00 2,710.00 3,252.00 125.17 6.0 787.80 1,575.60 2,363.40 3,151.20 3,939.00 4,726.80 181.94 Extra p/u calculated at 1/wk divided by 4.33 Rate Clean-Up Bins and Boxes 1/1/2022 3.0 Yd 3 day rental 136.27 15.0 Yd 7 day rental 308.77 Plus $114.50 per ton tip fee 20.0 Yd 7 day rental 308.77 Plus $114.50 per ton tip fee 30.0 Yd 7 day rental 308.77 Plus $114.50 per ton tip fee Compactors 308.77 Plus $114.50 per ton tip fee Rate Misc Charges 1/1/2022 Bulky Items (appliances, Lg Tires, Furniture etc..)34.28 Plus tip fee Tires - each - (Automotive or motorcycle)7.22 Damage Cart Replacement 93.28 Additional Green Waste or R/C Cart 9.19 Extra Residential Pick-up 8.95 Extra Commercial Pick-up 16.70 Compactor Cleaning 402.07 Container Cleaning 144.72 Locking bin, one-time setup fee 45.83 Plus Materials Replacement Key 16.09 Contamination Fee 45.92 Returned Check Fee 35.00 Roll Off or Bin Extra Day Charge 16.70 Exchange Cart Size 34.43 Enclosure Fee - Unlock/Lock or Pull Out/Put In 12.64 Ukiah Waste Solutions, Inc. April 1, 2022 Rate Schedule Attachment 1 Page 500 of 592 Attachment 1 Page 501 of 592 Attachment 1 Page 502 of 592 Attachment 1 Page 503 of 592 Ukiah Waste Solutions, Inc. Rate Comparison Jurisdiction 20 Gal 32 Gal 64 Gal 96 Gal 2 Yard 3 Yard 4 Yard 6 Yard City of Ukiah Current 2021 $19.97 $21.74 $51.36 $72.36 $242.27 $363.37 $484.49 $726.75 City of Clearlake $20.46 $24.29 $42.55 $60.77 $291.58 $402.57 $534.86 $805.12 City of Ukiah Rate - Proposed $21.65 $24.39 $55.67 $78.44 $281.84 $411.92 $542.00 $787.80 South Lake Refuse $22.28 $24.40 $48.80 $73.20 $332.38 N/A $664.76 $997.14 Lake County $21.89 $25.11 $50.23 $75.35 $337.36 $506.04 $674.73 $1,012.09 City of Healdsburg $19.67 $26.12 $37.54 $50.99 $420.80 $578.10 $721.30 $921.87 City of Lakeport $17.77 $26.24 N/A $77.18 $359.28 $447.75 N/A N/A City of Cloverdale $20.24 $27.90 $44.06 $57.13 $265.85 $330.35 $390.23 $565.21 City of Willits $16.21 $28.65 $61.77 $77.68 $333.98 $462.05 $579.00 $892.83 Town of Windsor $22.01 $29.26 $45.75 $70.25 $385.03 $549.41 $657.39 $816.84 County of Mendocino Inland WM $26.80 $29.64 $59.41 $89.12 $359.25 $415.03 $491.74 $678.53 County of Mendocino Coastal WM $26.94 $30.09 $60.28 $90.32 $357.41 $434.23 $560.35 N/A City of Santa Rosa $31.24 $35.02 $50.43 $76.38 $464.09 $569.99 $714.56 $971.76 Brooktrails $30.54 $38.04 $58.12 $74.69 $326.42 N/A N/A N/A City of Fort Bragg $24.45 $38.95 $77.91 $116.89 $389.42 $456.98 $712.04 N/A County of Mendocino North SWOW $40.88 $49.93 $68.02 $81.92 $423.86 $542.68 $698.76 $990.84 County of Mendocino South Coast SWOW $41.86 $50.87 $70.80 $85.25 $474.19 $707.75 $1,082.13 $1,408.20 Median (excludes Ukiah)$22.28 $29.26 $54.28 $76.38 $359.25 $462.05 $664.76 $921.87 UWS RATE 2022 vs All Areas 2021 Carts Bins Attachment 2 Page 504 of 592 COSTS Subject to adjustment Cost Index Adjustment Allowed Operating Costs subject to CPI $2,409,140.74 CPI 106,243.11$ Fuel $196,025.33 Fuel 97,631.75$ Disposal - Garbage $830,562.84 Contract rate Pass Through 32,973.34$ Disposal - Processing $395,960.72 Negotiated Pass Through 30,964.13$ Disposal - Processing Recycling $204,392.43 Pass Through (3,916.08)$ Pass Through -$ Maint / Prop Tax $2.36/ton $104,909.29 CPI Pass Through 4,626.50$ City Rent $10/ton $444,531.05 Lease rate Pass Through -$ City Landfill Fee $14/ton $622,343.47 Set by City Pass Through -$ MSWMA Fee $6.50/ton $288,945.09 Set by City Pass Through -$ Total COSTS Subject to adjustment $5,496,810.96 268,522.75$ Adjusted Costs 5,765,333.71$ Adjustments:$0.00 -$ Total Adjustments $0.00 -$ Adjusted Cost $5,496,810.96 268,522.75$ Revenue base Comparison Year Revenue $4,162,780.83 Fuel $97,631.75 Disposal - garbage $32,973.34 Disposal - processing $30,964.13 CPI adjustment $106,243.11 City Landfill Fee $14/ton $0.00 Maint / Prop Tax $2.36/ton $4,626.50 Disposal Processing - Recycling -$3,916.08 $0.00 Revenue change - Contractor $268,522.75 Less: City & MSWMA Fee Adjustments Adjusted revenue $4,431,303.58 Adjusted Revenue Difference $268,522.75 Current Adjustment New Contractor Rate increase as a percent 6.45%$78.53 $5.07 $83.60 MSWMA Rate increase as a percent 0.00%$6.50 $0.00 $6.50 City Rate increase as a percent 1.87%$24.00 $0.45 $24.45 $109.03 Total Rate $114.55 EFFECTIVE RATE ADJUSTMENT PERCENT 5.06% Solid Wastes Systems Transfer Station Effective Date April, 2022 Annual Adjustment Calculations Using 2020 Year Data Attachment 2 Page 505 of 592 Solid Wastes Systems Transfer Station Effective Date April, 2022 Annual Adjustment Calculations Using 2020 Year Data Fuel - June to June (EIA Petroleum & Other Liquids) See Fuel cost adjustment worksheet CPI Bay Area- June to Nov June 2020 Nov 2021 Index Increase (Decrease) 300.032 313.265 13.233 CPI % Change 4.41% Landfill Fee Jan to Jan CPI Jun to Jun CPI Jun to Nov 90% January 2021 January 2022 2020 2021 Increase (Decrease) $ 25.36 $ 26.37 300.032 313.265 13.233 3.97% Disposal - Garbage Cost % Change 3.97% Disposal Processing Fee Jan to Jan CPI Jun to Jun CPI Jun to Nov January 2021 January 2022 2020 2021 Increase (Decrease) $ 32.10 $ 34.61 257.797 277.948 20.151 Disposal - Green Waste Cost % Change 7.82% Transfer Station MSW Tonnage at gate, Year to Year June 2020 Y/E 2020 Increase (Decrease) 42,800.54 44,453.09 1,652.55 Tonnage % Change 3.86% City Landfill Fee June to June January 2021 January 2022 Increase (Decrease) $ 14.00 $ 14.00 $ 0.00 City Landfill Fee % Change 0.00% MSWMA Fee June to June January 2021 January 2022 Increase (Decrease) $ 6.50 $ 6.50 $ 0.00 MSWMA Fee % Change 0.00% Recycle Tip Fee June to June Y/E June 2020 Y/E 2020 Increase (Decrease) $208,308.51 $204,392.43 -$3,916.08 Rate Review Cost MSW Tons 12 Mo. MSW Tons 9 Mo.Per Ton $15,000.00 44,453.09 33,339.82 $0.45 Retrieved over 9 months (April - Dec 2022) Worksheet for computing the change in various indexes and factors which comprise the components on which rates are adjusted Page 506 of 592 Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June SWS Base Year Fuel Index and Cost 3.216 $201,261.07 June 2020 after 5 yr Review - Jan 2021 Annual adjustment based on Fuel Index change, year to year (using example fuel index changes) 1 Estimated Fuel index adjustment at Dec 2021 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2022 rate revision $97,631.75 $0.00 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 1 - 2022 2 Estimated Fuel index adjustment at June 2022 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2023 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 2 - 2023 3 Estimated Fuel index adjustment at June 2023 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2024 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 3 - 2024 4 Estimated Fuel index adjustment at June 2024 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2025 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 4 - 2025 5 Estimated Fuel index adjustment at June 2025 4.776 48.51%$97,631.75 Plus: Base Year Cost X Index Change Revenue adjustment for January 2026 rate revision $0.00 $97,631.75 Less: Prior Fuel Cost applied to rate $298,892.82 Fuel Cost Allowed Year 5 - 2026 Index Change - New vs. Base Year Page 507 of 592 Calculated NEW 2022 2022 2021 FA Rate Item Rate Rate Rounded * MSW - Ton $109.00 $114.52 $114.50 This rate adjusted by 5.06% (effective rate) MSW - Yard $24.40 $25.70 $25.70 This rate = 24.05% of per ton contractor gate fee PLUS per ton City & MSWMA fees divided by 5.54 (yards / ton) Minimum Gate Fee - MSW Up to 3 cans $12.20 $12.85 $12.85 This rate = MSW Yard fee / 2 Per Can Rate - 32 gallon After 3 cans $4.05 $4.28 $4.30 This rate - Min Gate fee / 3 Green Waste - Ton $51.70 $55.03 $55.05 Green Waste - Yard $7.50 $7.98 $8.00 Minimum Gate Fee - Green Waste $7.40 $7.88 $7.90 Mixed Load - Additional Charge $23.10 $24.59 $24.60 Appliances $12.65 $13.47 $13.45 Oil Filters - Small $0.45 $0.48 $0.50 Oil Filters - Medium $0.80 $0.85 $0.85 Oil Filters - Large $1.10 $1.17 $1.15 Concrete - Ton $81.05 $86.28 $86.30 Dirt - Ton $81.05 $86.28 $86.30 These rates adjusted by 6.45% (contractor rate) Sheetrock - Clean $51.70 $55.03 $55.05 Sheetrock - Dirty $81.05 $86.28 $86.30 Tires - Bicycle $1.45 $1.54 $1.55 Tires - Motorcycle $2.80 $2.98 $3.00 Tires - Passenger Car $4.25 $4.52 $4.50 Tires - Passenger Car with Rim $6.60 $7.03 $7.05 Tires - Truck $9.00 $9.58 $9.60 Tires - Truck with Rim $12.15 $12.93 $12.95 Tires - Tractor 53.40 - 403.90 56.84 - 429.95 56.85 - 429.95 E-Waste - Computers No Charge No Charge No Charge E-Waste - Monitors No Charge No Charge No Charge Scrap Metal No Charge No Charge No Charge * Rates are rounded to the nearest five cents Transfer Station Rate Schedule Solid Wastes Systems, Inc. Effective Date April, 2022 Page 508 of 592 NEW 2022 Rate Item Rounded * MSW - Ton $114.50 MSW - Yard $25.70 Minimum Gate Fee - MSW Up to 3 cans $12.85 Per Can Rate - 32 gallon After 3 cans $4.30 Green Waste - Ton $55.05 Green Waste - Yard $8.00 Minimum Gate Fee - Green Waste $7.90 Mixed Load - Additional Charge $24.60 Appliances $13.45 Oil Filters - Small $0.50 Oil Filters - Medium $0.85 Oil Filters - Large $1.15 Concrete - Ton $86.30 Dirt - Ton $86.30 Sheetrock - Clean $55.05 Sheetrock - Dirty $86.30 Tires - Bicycle $1.55 Tires - Motorcycle $3.00 Tires - Passenger Car $4.50 Tires - Passenger Car with Rim $7.05 Tires - Truck $9.60 Tires - Truck with Rim $12.95 Tires - Tractor 56.85 - 429.95 E-Waste - Computers No Charge E-Waste - Monitors No Charge Scrap Metal No Charge * Rates are rounded to the nearest five cents Solid Wastes Systems, Inc. Transfer Station Rate Schedule Effective Date April, 2022 Page 509 of 592 SWS Transfer Station Agreement Adjustment Adjustment Index Cost Cost/Rev Period Method Used Group 1,2,4 Construction / Lease $2.36 / MSW ton Annual 100% of index change CPI - US Cities CPI-U Base Rate as Adjusted 3 Construction / Lease $10.00 / MSW ton Time to Time Per City N/A Pass Through 1,2 Fuel Annual 100% of index change eia CA #2 Diesel Retail all sellers Base Rate as Adjusted Disposal - Landfill Time to Time Per Landfill Agreement N/A Pass Through 9 Disposal - Processing Time to Time Per Processor Agreements N/A Pass Through 1,2 Operating Costs Annual 100% of index change CPI - US Cities CPI-U Base Rate as Adjusted Per Ton Contractor Gate 4 City Franchise Fee $2.00 Time to Time Per City N/A Pass Through 4 MSWMA Fee $5.00 Time to Time Per MSWMA N/A Pass Through 6,7,8 TOTAL GATE FEE Notes 1 Agreement should state mutually agreed upon Index if Index becomes unavailable 2 June to June change 3 Lease rate replaces construction rate January 1, 2017 - $10.00 per ton MSW 4 Part of Construction rate left in gate rate to cover triple net lease costs (adjusts by CPI) starting January 1, 2017. i.e.. Prop tax, Insurance & R&M. 4 Agreement should state initial rate, subject to change by City / MSWMA action 5 Exhibit of calculation to be made part of agreement 6 SWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1. 7 Per Yard Gate Fee shall be equal to 24.05% of per ton contractor gate fee PLUS per ton City & MSWMA fees divided by 5.54 (MSWMA yards / ton) 8 Rate change is calculated as follows: % annual adjustment X actual prior year (July to June) component cost = new funds needed / total gate revenue = % adjustment to gate rate. 9 Processing contract mutually agreed to with city - i.e. PRS grinding yard rate charged SWS for greenwaste. City can direct SWS to implement other programs, provided the costs of such programs are covered through increased rates. Page 510 of 592 SWS CPI Operating Costs TOTAL Expenses 2020 $5,578,219.35 Less: Fuel -$196,025.33 Disposal - Garbage -$830,562.84 Disposal - Processing -$395,960.72 Disposal - Recycling -$204,392.43 Maint / Prop Tax $2.36/ton -$104,909.29 City Rent $10/ton -$444,531.05 City Landfill Fee $14/ton -$622,343.47 MSWMA Fee $6.50/ton -$273,224.86 Scrap Metal Cost $0.00 Buyback Recycle Purchase Cost $0.00 Compost / Landscape Cost -$97,128.62 TOTAL CPI Allowed Operating Costs $2,409,140.74 Comparison Year Revenue Total Revenue $5,617,379.43 Less: Scrap Metal $0.00 Buyback $0.00 Compost / Landscape -$114,499.22 City Rent $10/ton -$444,531.05 City Landfill Fee $14/ton -$622,343.47 MSWMA Fee $6.50/ton -$273,224.86 Comparison Year Revenue $4,162,780.83 Page 511 of 592 Comparison Year Costs 2020 Index Increase / Decrease Allowed TOTAL COSTS $4,498,471.74 Less: Fuel Cost $133,120.59 Fuel $78,995.17 Less: Disposal Fees - Garbage $1,245,894.12 SWS TS Gate $62,917.65 Less: Disposal Fees - Mixed Organic Waste $147,429.23 Negotiated $11,705.88 Less: Processing - Recycling $178,638.35 Contract $3,046.05 Less: City Landfill Closure Costs $60,000.00 Set by City $0.00 Less: City Commercial Oversight fee $9,999.96 Set by City $0.00 Collection Costs $2,723,389.49 Change in Franchise Fee & Billing Costs $60,753.56 Collection COSTS Subject to CPI adj.$2,723,389.49 CPI BA $120,101.48 $337,519.79 TOTAL Total Revenue base Residential Commercial Roll Off Revenue 27.74%65.77%6.49% 100.00% $1,310,791.27 $3,108,165.75 $306,878.86 $4,725,835.88 2020 Comparison Year Revenue $1,310,791.27 $3,108,165.75 $306,878.86 $4,725,835.88 Fuel Cost $21,910.66 $51,954.85 $5,129.66 $78,995.17 Disposal Fees - MOW $3,246.83 $7,698.92 $760.14 $11,705.89 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Processing - Recycle $844.87 $2,003.38 $197.80 $3,046.05 Landfill closure cost $0.00 $0.00 $0.00 $0.00 Commercial Oversight fee $0.00 $0.00 $0.00 $0.00 Other Regulatory & Governmental Costs $0.00 $0.00 $0.00 $0.00 Disposal Fees - Garbage $17,451.28 $41,380.72 $4,085.65 $62,917.65 CPI adjustment $33,312.20 $78,990.32 $7,798.96 $120,101.48 Total before franchise and billing fees $1,387,557.11 $3,290,193.94 $324,851.07 $5,002,602.12 Franchise & Billing Fees $16,851.04 $39,957.41 $3,945.12 $60,753.56 Rate Review Cost (9mo)$20,000.00 $5,547.34 $13,153.93 $1,298.73 $20,000.00 Abatement Recovery (9mo)$39,253.33 $10,887.58 $25,816.78 $2,548.97 $39,253.33 Indexed Adjusted revenue $1,420,843.07 $3,369,122.06 $332,643.89 $5,122,609.02 Indexed 2022 Revenue Adjustment $110,051.80 $260,956.31 $25,765.03 $396,773.14 5 Yr Cost Recovery Adjustment $23,119.20 $81,495.60 $104,614.80 Actual Collected Abatement & Review Cost Adustment ($14,813.33) Adjusted revenue with 5 Yr Cost Recovery $5,212,410.49 Ukiah Waste Solutions Curbside Rate Annual Adjustment Calculations Effective Date April 1, 2022 Per Adjustment Summary Page 512 of 592 Ukiah Waste Solutions Curbside Rate Annual Adjustment Calculations Effective Date April 1, 2022 June 2020 Nov 2021 Index Increase (Decrease) 300.032 313.265 13.233 CPI % Change 4.41% January 2021 April 2022 Increase (Decrease) $109.00 $114.50 $5.50 Transfer Station Fee % Change 5.05% June 2020 Nov 2021 Increase (Decrease) PRS 90%CPI Jun to Jun 300.032 313.265 13.233 3.97% CCC 90%CPI Jun to Jun 300.032 313.265 13.233 3.97% $57.45 $62.01 7.94% Disposal Fee - Green Waste % Change 7.94% January 2020 January 2021 Increase (Decrease) $60,000.00 $60,000.00 $0.00 Landfill Closure Costs % Change 0.00% January 2020 January 2021 Increase (Decrease) $10,000.00 $10,000.00 $0.00 Commercial Oversight Fee % Change 0.00% Y/E June 2020 Y/E June 2021 Increase (Decrease) $164,618.85 $167,664.90 $3,046.05 City Franchise Fee 15%City Billing Fee - Residential Customers 3% Recycle Tip Fee June to June Commercial Oversight Fee Jan to Jan Landfill Closure Costs Jan to Jan Mixed Organic Waste Disposal Fee (Disposal - Green Waste) Jan to Jan Transfer Station Fee (Disposal Fees - Garbage) Jan to Jan CPI Bay Area - June to June (Index) Fuel - June to June (EIA Petroleum & Other Liquids) See Fuel Cost Adjustment Worksheet Page 513 of 592 Effective Date April 1, 2022 Current New 2021 2022 Total Monthly Service Level Rate Rate Adjustment Curbside Service No Service Minimum Charge 10.00$10.36$0.36$ 20 gallon can rate 19.97$21.65$1.68$ 32 gallon can rate 21.74$24.39$2.65$ 68 gallon can rate 51.36$55.67$4.31$ 95 gallon can rate 72.36$78.44$6.08$ Other combinations - rate per gallon 0.85$0.92$0.07$ 1 yard bin rate 153.76$173.44$19.68$ 1.5 yard bin rate 181.68$216.80$35.12$ 2 yard bin rate 242.27$281.84$39.57$ 3 yard bin rate 363.37$411.92$48.55$ 4 yard bin rate 484.49$542.00$57.51$ 6 yard bin rate 726.75$787.80$61.05$ Packout Service 20 gallon can rate 25.07$27.18$2.11$ 32 gallon can rate 28.46$31.93$3.47$ 68 gallon can rate 66.86$72.48$5.62$ 95 gallon can rate 96.58$104.69$8.11$ Other combinations - rate per gallon 1.03$1.12$0.09$ Remote Area Service Add to the Packout Service rate.9.49$10.29$0.80$ In areas with limited access, an additional fee is charged to fund the costs of special equipment and special handling necessary to provide garbage pickup services. This fee is in addition to the "Packout Service" fee listed in this schedule. Commercial / Multi-Family Service 20 gallon can rate 20.73$22.47$1.74$ 32 gallon can rate 24.12$27.06$2.94$ 68 gallon can rate 57.02$61.81$4.79$ 95 gallon can rate 80.35$87.10$6.75$ 1 yard bin rate 153.76$173.44$19.68$ 1.5 yard bin rate 181.68$216.80$35.12$ 2 yard bin rate 242.27$281.84$39.57$ 3 yard bin rate 363.37$411.92$48.55$ 4 yard bin rate 484.49$542.00$57.51$ 6 yard bin rate 726.75$787.80$61.05$ Ukiah Waste Solutions, Inc. 2022 RATE ADJUSTMENT SUMMARY OF RATE ADJUSTMENT FOR STANDARD SERVICES Page 514 of 592 Calculation to adjust fuel costs Effective Date January 1, 2022 Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June UWS Base Year Fuel Index and Cost 3.216 $162,843.06 June 2020 after 5 yr Review - Jan 2021 Annual adjustment based on Fuel Index change, year to year (using example fuel index changes) 2 Fuel index adjustment at Dec 2021 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2022 rate revision $78,995.17 $0.00 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 1 - 2022 3 Estimated Fuel index adjustment at June 2022 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2023 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 2 - 2023 4 Estimated Fuel index adjustment at June 2023 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2024 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 3 - 2024 5 Estimated Fuel index adjustment at June 2024 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2025 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 4 - 2025 6 Estimated Fuel index adjustment at June 2025 4.776 48.51%$78,995.17 Plus: Base Year Cost X Index Change Revenue adjustment for January 2026 rate revision $0.00 $78,995.17 Less: Prior Fuel Cost applied to rate $241,838.23 Fuel Cost Allowed Year 5 - 2026 Index Change - New vs. Base Year Page 515 of 592 Recycle Charge or Payment From To Tip / Credit Zero Point $115.00 $154.99 $0.00 Tip Fee $105.00 $114.99 $15.00 Charge to Customer $95.00 $104.99 $25.00 $85.00 $94.99 $35.00 $75.00 $84.99 $45.00 $74.99 and below $55.00 PMT $155.00 $164.99 $5.00 Payment to Customer $165.00 $174.99 $10.00 $175.00 $184.99 $15.00 $185.00 $194.99 $20.00 $195.00 and up $25.00 Recycling Per Ton TOTAL 2020 Material CMV Tons Tip Fee/Pmt Fee / Pmt Jul $45.51 315.95 $55.00 $17,377.25 Aug $51.09 303.41 $55.00 $16,687.55 Sep $57.23 306.01 $55.00 $16,830.55 Oct $60.38 265.45 $55.00 $14,599.75 Nov $64.18 255.45 $55.00 $14,049.75 Dec $68.45 285.06 $55.00 $15,678.30 2021 Jan $59.39 248.44 $55.00 $13,664.20 Feb $60.42 242.99 $55.00 $13,364.45 Mar $63.63 271.88 $55.00 $14,953.40 Apr $83.92 276.02 $45.00 $12,420.90 May $83.22 246.94 $45.00 $11,112.30 Jun $97.29 277.06 $25.00 $6,926.50 $167,664.90 Ukiah Waste Solutions Tip Fee or (Credit) Schedule Market Value Grid Page 516 of 592 Effective Date January 1, 2018 Adjustment Adjustment Index Cost Cost/Rev Period Method Used Group 1,2 Fuel Annual 100% of index change eia Ca #2 Diesel Retail all sellers Base Rate as Adjusted Disposal - Solid Waste Time to Time Per TS (SWS) Agreement N/A Pass Through 1,2 Operations (all other costs)Annual 100% of index change CPI - US Cities CPI-U Base Rate as Adjusted 3 Recycle Reduction Annual Per Recycle Agreement Rec Market Value Grid - $5 base Operating Cost Reduction 1,2 Green Waste Disposal $30 / Ton Annual Up to CPI (Contractor Choice)CPI - US Cities CPI-U Base Rate as Adjusted 1,2,8 Food Waste Disposal (Comm)Up to $40 / ton Annual Up to CPI (Contractor Choice)CPI - US Cities CPI-U Base Rate as Adjusted 4 City Franchise Fee 15%Time to Time City Action N/A Pass Through 4 City Bill Fee 3%Time to Time City Action N/A Pass Through 4 City Oversight Fee $10,000.00 Time to Time City Action N/A Pass Through 4 City Landfill Closure Fee $60,000.00 Time to Time City Action N/A Pass Through 6,9 TOTAL NET COST Notes 1 Agreement should state mutually agreed upon Index if Index becomes unavailable 2 June to June change 3 Recycle Agreement with PRS renewable every 5 years with Base Market Value per mixed ton to provide for Rev sharing with City (reduction of operating costs). 4 Agreement should state initial rate, subject to change by City action 5 Exhibit of calculation to be made part of agreement 6 UWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1. 7 Agreement must provide for City Flow Control with language that directs flow to contractor facilities when available. 8 FOOD WASTE - UWS will implement a pilot and or full commercial food waste program in place by June 2013 provided proper permits can be obtained Details still to be worked out. 9 Rate change is calced as follows: % annual adjustment X actual prior year (July to June) actual component cost = new funds needed / collection revenue = % adjustment per rate. New cost adj dollars (fuel, disposal, city fees etc..) need to be adjusted for city fees - CPI adj does not. RE-OPENER - the contract should have a mutual re-opener for other new items Ukiah Waste Solutions Curbside Agreement Page 517 of 592 UWS disposal rate for MOW Effective Date January 1, 2022 Current 2021 Tip Fee $59.13 $59.13 PRS 90% CPI 2021 3.97% CCC 90% CPI 2021 3.97% 7.94% MOW Tip Fee 2022 with CPI $63.82 Percentage Increase/Decrease 7.94% Page 518 of 592 RESIDENTIAL / COMMERCIAL Residential Carts 1 - 10*** 11 - 20 21 - 32 33 - 68 69 - 95 Gallons 8.40%2022 Rates No Service Fee 1x/WK 1x/WK 1x/WK 1x/WK 1x/WK 8.4100%Roadside 10.36 N/A 21.65 24.39 55.67 78.44 12.19%Pack Out*10.29 N/A 27.18 31.93 72.47 104.69 8.39%Remote**20.58 N/A 37.47 42.22 82.76 114.98 * Pack Out service is limited to the elderly and disabled who apply directly through Ukiah Waste Solutions @ 707-234-6400. ** The additional charges of Remote service may be required for certain areas with difficult access. *** 10 gallon containers and rates are longer available to new customers effective January 1, 2018. Existing customers with these containers may continue to use them at the 20-gallon cart rate. Commercial / Multi-Family Carts 2022 Rates 1 - 10***11 - 20***21 - 32 33 - 68 69 - 95 Gallon 8.39%1 Can - 1x/WK N/A 22.47 27.06 61.81 87.10 8.40%1 Can - 2x/WK 60.13 137.57 193.58 12.2%1 Can - 3x/WK 100.48 210.92 294.70 2 Cans - 1x/WK 60.13 137.57 193.58 *** 10 gallon containers and rates are longer available to new customers effective January 1, 2018. Existing customers with these containers may continue to use them at the 20-gallon cart rate. Commercial / Multi-Family Bins Yards Number of pick-ups per week Extra 2022 Rates Dollars / Yard 1x/WK 2x/WK 3x/WK 4x/WK 5x/WK 6x/WK Pick-up 1.0 173.44 0.00 0.00 0.00 0.00 0.00 40.06 1.5 216.80 433.60 650.40 867.20 1,084.00 1,300.80 50.07 2.0 281.84 563.68 845.52 1,127.36 1,409.20 1,691.04 65.09 3.0 411.92 823.84 1,235.76 1,647.68 2,059.60 2,471.52 95.13 4.0 542.00 1,084.00 1,626.00 2,168.00 2,710.00 3,252.00 125.17 6.0 787.80 1,575.60 2,363.40 3,151.20 3,939.00 4,726.80 181.94 Extra p/u calculated at 1/wk divided by 4.33 Rate Clean-Up Bins and Boxes 1/1/2022 3.0 Yd 3 day rental 136.27 15.0 Yd 7 day rental 308.77 Plus $114.50 per ton tip fee 20.0 Yd 7 day rental 308.77 Plus $114.50 per ton tip fee 30.0 Yd 7 day rental 308.77 Plus $114.50 per ton tip fee Compactors 308.77 Plus $114.50 per ton tip fee Rate Misc Charges 1/1/2022 Bulky Items (appliances, Lg Tires, Furniture etc..)34.28 Plus tip fee Tires - each - (Automotive or motorcycle)7.22 Damage Cart Replacement 93.28 Additional Green Waste or R/C Cart 9.19 Extra Residential Pick-up 8.95 Extra Commercial Pick-up 16.70 Compactor Cleaning 402.07 Container Cleaning 144.72 Locking bin, one-time setup fee 45.83 Plus Materials Replacement Key 16.09 Contamination Fee 45.92 Returned Check Fee 35.00 Roll Off or Bin Extra Day Charge 16.70 Exchange Cart Size 34.43 Enclosure Fee - Unlock/Lock or Pull Out/Put In 12.64 Ukiah Waste Solutions, Inc. April 1, 2022 Rate Schedule Page 519 of 592 Page 520 of 592 Page 521 of 592 Page 522 of 592 Ukiah Waste Solutions, Inc. Rate Comparison Jurisdiction 20 Gal 32 Gal 64 Gal 96 Gal 2 Yard 3 Yard 4 Yard 6 Yard City of Ukiah Current 2021 $19.97 $21.74 $51.36 $72.36 $242.27 $363.37 $484.49 $726.75 City of Clearlake $20.46 $24.29 $42.55 $60.77 $291.58 $402.57 $534.86 $805.12 City of Ukiah Rate - Proposed $21.65 $24.39 $55.67 $78.44 $281.84 $411.92 $542.00 $787.80 South Lake Refuse $22.28 $24.40 $48.80 $73.20 $332.38 N/A $664.76 $997.14 Lake County $21.89 $25.11 $50.23 $75.35 $337.36 $506.04 $674.73 $1,012.09 City of Healdsburg $19.67 $26.12 $37.54 $50.99 $420.80 $578.10 $721.30 $921.87 City of Lakeport $17.77 $26.24 N/A $77.18 $359.28 $447.75 N/A N/A City of Cloverdale $20.24 $27.90 $44.06 $57.13 $265.85 $330.35 $390.23 $565.21 City of Willits $16.21 $28.65 $61.77 $77.68 $333.98 $462.05 $579.00 $892.83 Town of Windsor $22.01 $29.26 $45.75 $70.25 $385.03 $549.41 $657.39 $816.84 County of Mendocino Inland WM $26.80 $29.64 $59.41 $89.12 $359.25 $415.03 $491.74 $678.53 County of Mendocino Coastal WM $26.94 $30.09 $60.28 $90.32 $357.41 $434.23 $560.35 N/A City of Santa Rosa $31.24 $35.02 $50.43 $76.38 $464.09 $569.99 $714.56 $971.76 Brooktrails $30.54 $38.04 $58.12 $74.69 $326.42 N/A N/A N/A City of Fort Bragg $24.45 $38.95 $77.91 $116.89 $389.42 $456.98 $712.04 N/A County of Mendocino North SWOW $40.88 $49.93 $68.02 $81.92 $423.86 $542.68 $698.76 $990.84 County of Mendocino South Coast SWOW $41.86 $50.87 $70.80 $85.25 $474.19 $707.75 $1,082.13 $1,408.20 Median (excludes Ukiah)$22.28 $29.26 $54.28 $76.38 $359.25 $462.05 $664.76 $921.87 UWS RATE 2022 vs All Areas 2021 Carts Bins Attachment 3 Page 523 of 592 City of Ukiah NOTICE OF PUBLIC HEARING ON PROPOSED SOLID WASTE COLLECTION AND DISPOSAL SERVICE RATE SCHEDULE ADJUSTMENTS (Please share this information with tenants) Hearing Date & Time: March 16, 2022 at 6:15 p.m. or as soon thereafter as the matter may be heard Hearing Location: City of Ukiah, Council Chambers 300 Seminary Avenue, Ukiah, CA 95482 The City of Ukiah City Council (“City”) will conduct a public hearing on March 16, 2022, on proposed increases in the monthly solid waste collection and disposal (solid waste) rates applicable to all parcels in the City of Ukiah, including the parcel for which you are shown as the property owner of record based on the County of Mendocino 2021-22 Secured Tax Roll, and/or at which you are shown as the customer billed for solid waste service. If adopted, the rate increases will be reflected on utility bills dated on or after April 1, 2022, and for bills issued on or after January 1, 2023, 2024, 2025, and 2026. This Notice of Public Hearing provides information regarding the proposed rate adjustment to the City’s solid waste collection and disposal service customers pursuant to the requirements of California Constitution Article XIII D Section 6 (commonly referred to as Proposition 218). The proposed rate adjustments will be presented to the City Council for consideration and possible adoption on March 16, 2022, commencing at 6:15 p.m. in the Council Chambers located at 300 Seminary Avenue. This notice also provides information on how rates are calculated, the reasons for the proposed rate adjustments, how customers can receive more information on the effect of the proposed rate adjustments on their solid waste collection and disposal service, and how to file a protest against the proposed rate adjustments. At the public hearing, the City Council will consider all written protests against the proposed fee or charge, and all other comments submitted in writing prior to the hearing or expressed during the hearing. The Amount of the Fee Imposed on Each Parcel: The proposed rates, as of March 16, 2022, are outlined in the Schedule A below. During the next four years, including January 2023, January 2024, January 2025, and January 2026 the rates may increase or decrease based on the following changes to indexes and pass-through costs: (1) the percentage change in the Consumer Price Index, “Water and Sewer and Trash Collection Services” (“CPI”) over the previous year June over June, (2) the percentage change, June over June of the previous year, in the Energy Information Administration Petroleum & Other Liquids index over the base year ending June 30, 2021, (3) any changes to the gate fee at the Ukiah Transfer Station, (4) any changes to costs paid by the franchisee to process recyclables, and (5) changes in regulatory fees, all in accordance with the Contract for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish and Recycling of Recyclable Materials from within the City of Ukiah (“Waste Collection Contract”) between the City and Ukiah Waste Solutions, Inc., a private company. After the January 2022 [?] rate increase, the rates will automatically increase or decrease each year in accordance with the Waste Collection Contract, which will be available for inspection at the Civic Center. The Reason for and Basis Upon Which the Fee Increase was Calculated: Ukiah Waste Solutions (UWS), the City’s franchised solid waste collector, has requested rate increases pursuant to Section 6.5 of the Waste Collection Contract based on cost increases and revenue decreases which are solely the result of extraordinary circumstances beyond the control of UWS that it could not have been reasonably anticipated and which unavoidably adversely affect its opportunity to operate at a reasonable profit. The rate increases identified in Schedule A were calculated after considering the franchisee’s rate request, studying the reviewed financial statements and carefully evaluating the changes in costs to meet regulatory requirements, the recycling market, transportation, and other operating costs of Ukiah Waste Solutions for the year ending December 31, 2020. Further detail on how these rates were calculated is available on the City’s website at http://www.cityofukiah.com/utility-services/ Submit a Written Protest: City Clerk, 300 Seminary Avenue, Ukiah, CA 95482 An owner or tenant of property receiving solid waste service from the City may protest the proposed solid waste collection and disposal rates by submitting a written protest by mail or in person to the City Clerk. Notices must be mailed to City Clerk, City of Ukiah, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482 or delivered in person to the Utility Billing and Customer Service counter at the Civic Center. Written protests must be received (not postmarked) by the City Clerk before or during the public hearing. Any protest submitted by e-mail or other electronic means will not be accepted. To be valid, protests must be signed by the property owner or tenant and must identify the property by street address or Mendocino County Assessor’s Parcel Number of the property receiving solid waste service. Only one written protest per identified parcel or property will be counted for purposes of determining whether there is a majority protest. In accordance with California Constitution, Article 13D, Section 6(a)(2), if, by the close of the public hearing, written protests against the proposed solid waste collection and disposal rates are filed by a majority of the affected property owners, the City Council will not approve the proposed solid waste rates. The City reserves the right to verify whether any person filing a protest is an owner or a renter legally obligated to pay the fee. To assist with this verification, the City requests inclusion of the applicable utility account number on the protest. ATTACHMENT 4 Page 524 of 592 Notice of Public Hearing – Solid Waste Collection and Disposal Service Rate (continued) 2 The following schedule indicates the existing and proposed monthly solid waste service rates for residential service to each parcel in the City of Ukiah, beginning April 1, 2022: SCHEDULE A Effective April 1, 2022 Current Proposed Total 2021 Rate Monthly Service Level Rate 2022 Adjustment Curbside Service No Service Minimum Charge 10.00$ 10.36$ 0.36$ 20 gallon can rate 19.97$ 21.65$ 1.68$ 32 gallon can rate 21.74$ 24.39$ 2.65$ 68 gallon can rate 51.36$ 55.67$ 4.31$ 95 gallon can rate 72.36$ 78.44$ 6.08$ Other combinations - rate per gallon 0.85$ 0.92$ 0.07$ 1 yard bin rate 153.76$ 173.44$ 19.68$ 1.5 yard bin rate 181.68$ 216.80$ 35.12$ 2 yard bin rate 242.27$ 281.84$ 39.57$ 3 yard bin rate 363.37$ 411.92$ 48.55$ 4 yard bin rate 484.49$ 542.00$ 57.51$ 6 yard bin rate 726.75$ 787.80$ 61.05$ Packout Service 20 gallon can rate 25.07$ 27.18$ 2.11$ 32 gallon can rate 28.46$ 31.93$ 3.47$ 68 gallon can rate 66.86$ 72.48$ 5.62$ 95 gallon can rate 96.58$ 104.69$ 8.11$ Other combinations - rate per gallon 1.03$ 1.12$ 0.09$ Remote Area Service Add to the Packout Service rate.9.49$ 10.29$ 0.80$ Commercial / Multi-Family Service 20 gallon can rate 20.73$ 22.47$ 1.74$ 32 gallon can rate 24.12$ 27.06$ 2.94$ 68 gallon can rate 57.02$ 61.81$ 4.79$ 95 gallon can rate 80.35$ 87.10$ 6.75$ 1 yard bin rate 153.76$ 173.44$ 19.68$ 1.5 yard bin rate 181.68$ 216.80$ 35.12$ 2 yard bin rate 242.27$ 281.84$ 39.57$ 3 yard bin rate 363.37$ 411.92$ 48.55$ 4 yard bin rate 484.49$ 542.00$ 57.51$ 6 yard bin rate 726.75$ 787.80$ 61.05$ SUMMARY OF RATE ADJUSTMENT FOR STANDARD SERVICES In areas with limited access, an additional fee is charged to fund the costs of special equipment and special handling necessary to provide garbage pickup services. This fee is in addition to the "Packout Service" fee listed in this schedule. Page 525 of 592 ATTACHMENT 5 Page 526 of 592 Page 527 of 592 Page 528 of 592 Page 529 of 592 Page 530 of 592 Page 531 of 592 Page 532 of 592 Page 533 of 592 Page 534 of 592 1 Kristine Lawler Subject:Correspondence Received - Heather Seggel From: Heather Seggel <heatherlseggel@gmail.com> Sent: Tuesday, March 15, 2022 4:46 PM To: Meeting <meeting@cityofukiah.com> Subject: Another garbage rate increase? Dear City Council, I'm writing to ask that our rates for garbage are not increased yet again. When I first moved back to town it came as a shock that I had to pay for three bins while living in a minuscule studio that is part of an apartment building, but at $5 per month I was willing to harrumph and bear it. The bill I receive now exceeds any other utility I pay for, while being the one I use the least. Please go back to tiered usage, the current arrangement disproportionately harms the poor (*waves* that would be me), who consume less and as a result produce less trash. (I also make an effort to be conscious about how much I buy and throw away, meaning I could easily just put my trash can out once a year.) It's exhausting to have to keep asking for relief on this, and exasperating to know my extremely limited resources are being used to subsidize the bills of those who can afford to pay more. Tiered usage or Pay As You Throw, but what you're doing now is unfair and wasteful. Sincerely, Heather Seggel 306A W. Church St. Ukiah, CA 95482 707‐467‐9067 Page 535 of 592 Page 536 of 592 Page 537 of 592 Rates for Residential Curbside Solid Waste Collection in North Bay Cities ‐ March, 2022 City or area County 32 gallon monthly rate 20 gallon monthly rate 20 gallon discount Volume difference vs 32 gallon 10 gallon monthly rate 10 gallon discount Volume difference vs 32 gallon Effective Date Rohnert Park Sonoma $25.09 $13.68 ‐45% ‐38% 7/1/2021 Petaluma Sonoma $23.27 $13.15 ‐43% ‐38% 7/1/2021 Petaluma 'Cares' Sonoma $17.48 $9.82 ‐44% ‐38% 7/1/2021 Sebastopol Sonoma $23.28 $13.33 ‐43% ‐38% 7/1/2021 Willits Mendocino $29.19 $16.52 ‐43% ‐43% 1/1/2022 Sonoma Sonoma $19.69 $12.27 ‐38% ‐38% 7/1/2021 Sonoma Cnty ‐ Mobile Home Sonoma $41.39 $25.86 ‐38% ‐38% 4/1/2021 Sonoma Cnty ‐ Unincorporated Sonoma $50.57 $31.63 ‐37% ‐38% 4/1/2021 Novato Marin $25.20 $15.76 ‐37% ‐38% 1/1/2022 Fort Bragg Mendocino $38.95 $24.45 ‐37% ‐38% Lakeport Lake $25.90 $17.54 ‐32% ‐38% 7/1/2021 Cotati Sonoma $23.87 $16.98 ‐29% ‐38% 1/1/2022 Cotati ‐ Low Income Sonoma $19.10 $13.58 ‐29% ‐38% 1/1/2022 Cloverdale Sonoma $28.63 $20.89 ‐27% ‐38% 9/1/2021 Cloverdale ‐ Low Income Sonoma $22.90 $16.71 ‐27% ‐38% 9/1/2021 Healdsburg Sonoma $26.76 $20.27 ‐24% ‐38% 1/1/2022 Healdsburg ‐ CARE Program Sonoma ‐20% ‐20% ‐24% ‐38% 1/1/2022 Napa (Std size = 35 gallons) Napa $38.29 $30.54 ‐20% ‐43% 1/1/2022 Clearlake (billed quarterly) Lake $73.33 $61.71 ‐16% ‐38% Corte Madera Marin $44.88 $38.15 ‐15% ‐38% 7/1/2021 San Rafael Marin $46.84 $39.82 ‐15% ‐38% 1/1/2022 San Rafael Low Income Marin $37.47 $31.86 ‐15% ‐38% 1/1/2022 Point Arena Mendocino $33.51 $29.24 ‐13% ‐38% 10/1/2021 Santa Rosa Sonoma $35.02 $31.24 ‐11% ‐38% 1/1/2022 Santa Rosa ‐ CARE Program Sonoma ‐15% ‐15% ‐11% ‐38% 1/1/2022 Albany Alameda $45.78 $40.89 ‐11% ‐38% $20.45 ‐55% ‐69% 5/1/2021 Albany Senior Discount Alameda ‐20% ‐20% ‐11% ‐38% 5/1/2021 Coastal Mendocino County Mendocino $30.09 $26.94 ‐10% ‐38% Ukiah (2014‐2017) Mendocino $18.19 $10.13 ‐44% ‐38% $4.81 ‐74% ‐69% 1/1/2014 Ukiah (after 2017) (on actual bill) Mendocino $18.63 $17.12 ‐8% ‐38%$17.12 ‐8% ‐69% 1/1/2018 Ukiah (after 2017) (per webpage) Mendocino $18.63 $18.63 0% ‐38% $18.63 0% ‐69% 1/1/2018 Ukiah (proposed for 2019) Mendocino $20.13 $18.50 ‐8% ‐38% $18.50 ‐8% ‐69% 1/1/2019 Ukiah (2021 rate) Mendocino $21.74 $19.97 ‐8% ‐38% $19.97 ‐8% ‐69% Ukiah (proposed rate for 4/1/2022) Mendocino $24.39 $21.65 ‐11% ‐38%$21.65 ‐11% ‐69% 4/1/2022 Page 538 of 592 Rates for Residential Curbside Solid Waste Collection in North Bay Cities ‐ March, 2022 Source https://www.recology.com/recology‐sonoma‐marin/rates‐ropo https://www.recology.com/recology‐sonoma‐marin/rates‐petaluma https://www.recology.com/recology‐sonoma‐marin/rates‐petaluma https://www.recology.com/recology‐sonoma‐marin/sebastopol/rates Per phone conversation 3/4/22 with Terry of Solid Waste Svcs at (707) 459‐4778 ext 210. https://www.sonomagarbage.com/city‐rates2.html https://www.recology.com/recology‐sonoma‐marin/unincorporated‐sonoma‐county/rates https://www.recology.com/recology‐sonoma‐marin/unincorporated‐sonoma‐county/rates https://www.recology.com/recology‐sonoma‐marin/novato/rates https://www.wm.com/location/california/cabay/fort‐bragg/rates.jsp https://www.cityoflakeport.com/finance_it_and_utility_accounts_and_billing/water,_sewer_and_solid_waste_rates.php https://www.recology.com/recology‐sonoma‐marin/cotati/rates https://www.recology.com/recology‐sonoma‐marin/cotati/rates https://www.recology.com/recology‐sonoma‐marin/cloverdale/rates/ https://www.recology.com/recology‐sonoma‐marin/cloverdale/rates/ https://www.recology.com/recology‐sonoma‐marin/healdsburg/rates/ https://www.recology.com/recology‐sonoma‐marin/healdsburg/rates/ https://naparecycling.com/residents/residential‐rates/ Per phone conversation Jan 4, 2022, with Tami at C&S Waste Solutions at (707) 234‐6400. https://www.millvalleyrefuse.com/residential/residential‐services/ Per PDF emailed 3/3/22 from Stephanie Sanchez at Marin Sanitary Service (stephanie.sanchez@marinsanitary.com.) Per PDF emailed 3/3/22 from Stephanie Sanchez at Marin Sanitary Service (stephanie.sanchez@marinsanitary.com.) https://www.recology.com/recology‐sonoma‐marin/point‐arena‐mendocino‐county/rates https://www.recology.com/recology‐sonoma‐marin/rates‐santa‐rosa https://www.recology.com/recology‐sonoma‐marin/rates‐santa‐rosa https://www.albanyca.org/departments/sustainability/solid‐waste‐recycling https://www.albanyca.org/departments/sustainability/solid‐waste‐recycling https://www.wm.com/location/california/cabay/fort‐bragg/rates.jsp http://www.cityofukiah.com/NewWeb/wp‐content/uploads/2013/09/Solid‐Waste‐Attachment‐2‐UWS‐2014‐Adjustment‐Notification‐8.pdf Per actual bill. http://www.cityofukiah.com/rate‐restructure‐notices (Note: this is an error on the webpage.) https://legistarweb‐production.s3.amazonaws.com/uploads/attachment/pdf/252662/Attachment_1_‐_UWS_Rate_Package_to_City_8.15.18__curbside_.pdf Per NOTICE OF PUBLIC HEARING received from City by rate payers approximately 1/24/2022. Per NOTICE OF PUBLIC HEARING received from City by rate payers approximately 1/24/2022. Page 539 of 592 Rates for Residential Curbside Solid Waste Collection in North Bay Cities ‐ October, 2018 City 32 gallon monthly rate 20 gallon monthly rate 20 gallon discount Volume difference vs 32 gallon 10 gallon monthly rate 10 gallon discount Volume difference vs 32 gallon Effective Date Rohnert Park $19.40 $10.58 ‐45% ‐38% 7/1/2018 Petaluma $17.99 $10.16 ‐44% ‐38% 7/1/2018 Petaluma ‐ Lifeline $13.50 $7.60 ‐44% ‐38% " Sebastopol $20.05 $11.52 ‐43% ‐38% 7/1/2018 Sonoma $14.83 $8.92 ‐40%‐38% 7/1/2018 Sonoma Cnty ‐ Mobile Home $43.71 $27.27 ‐38% ‐38% 4/1/2018 Sonoma Cnty ‐ Unincorporated $44.98 $28.13 ‐37% ‐38% 4/1/2018 Novato $20.51 $12.83 ‐37% ‐38% 1/1/2018 Cotati $13.76 $9.80 ‐29% ‐38% 4/1/2016 Cotati ‐ Low Income $11.01 $7.84 ‐29% ‐38% 4/1/2016 Cloverdale $22.46 $16.58 ‐26% ‐38% 9/1/2018 Cloverdale ‐ Low Income $20.48 $15.28 ‐25% ‐38% " Healdsburg $15.95 $11.93 ‐25% ‐38% 9/1/2018 Healdsburg ‐ CARE Program $12.76 $9.54 ‐25% ‐38% " Napa $27.14 $21.65 ‐20% ‐38% 1/1/2016 Corte Madera $36.94 $31.41 ‐15% ‐38% 7/1/2018 San Rafael $37.81 $32.14 ‐15% ‐38% 1/1/2018 San Rafael ‐ CARE Program $30.20 $25.70 ‐15% ‐38% " Santa Rosa $27.05 $23.56 ‐13% ‐38% 1/1/2018 Santa Rosa ‐ CARE Program $22.99 $20.03 ‐13% ‐38% " Point Arena $28.14 $24.56 ‐13% ‐38% 1/1/2016 Albany $42.65 $38.09 ‐11% ‐38% $19.05 ‐55%‐69% 8/1/2018 Ukiah (2014‐2017) $18.19 $10.13 ‐44%‐38% $4.81 ‐74%‐69% 1/1/2014 Ukiah (after 2017) (on actual bill) $18.63 $17.12 ‐8% ‐38% $17.12 ‐8%‐69% 1/1/2018 Ukiah (after 2017) (per webpage) $18.63 $18.63 0% ‐38% $18.63 0% ‐69% 1/1/2018 Ukiah (proposed for 2019) $20.13 $18.50 ‐8% ‐38% $18.50 ‐8% ‐69% 1/1/2019 Page 540 of 592 Rates for Residential Curbside Solid Waste Collection in North Bay Cities ‐ October, 2018 Source https://www.recology.com/recology‐sonoma‐marin/rates‐ropo https://www.recology.com/recology‐sonoma‐marin/rates‐petaluma " https://www.recology.com/recology‐sonoma‐marin/sebastopol/rates https://www.sonomagarbage.com/city‐rates2.html https://www.recology.com/recology‐sonoma‐marin/unincorporated‐sonoma‐county/rates " https://www.recology.com/recology‐sonoma‐marin/novato/rates https://www.recology.com/recology‐sonoma‐marin/cotati/rates " https://www.recology.com/recology‐sonoma‐marin/cloverdale/rates/ " https://www.recology.com/recology‐sonoma‐marin/healdsburg/rates/ " http://naparecycling.com/wp‐content/uploads/2015/12/City‐of‐Napa‐Solid‐Waste‐and‐Recycling‐Collection‐Rates‐effective‐January‐1‐2016.pdf https://www.millvalleyrefuse.com/rates_terms/MVRS_CorteMadera_Rates_2018‐19.pdf Per PDF emailed 10/1/18 from Corey Bytof at City of San Rafael (Cory.Bytof@cityofsanrafael.org.) " https://www.recology.com/recology‐sonoma‐marin/rates‐santa‐rosa " https://www.recology.com/recology‐sonoma‐marin/point‐arena‐mendocino‐county/rates Per email 10/1/18 from Brandon Pinnecker, Waste Management Customer Experience Representative (bpinneck@wm.com.) http://www.cityofukiah.com/NewWeb/wp‐content/uploads/2013/09/Solid‐Waste‐Attachment‐2‐UWS‐2014‐Adjustment‐Notification‐8.pdf http://www.cityofukiah.com/rate‐restructure‐notices (Note: this is an error on the webpage.) https://legistarweb‐production.s3.amazonaws.com/uploads/attachment/pdf/252662/Attachment_1_‐_UWS_Rate_Package_to_City_8.15.18__curbside_.pdf Page 541 of 592 Page 1 of 2 Agenda Item No: 12.a. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1451 AGENDA SUMMARY REPORT SUBJECT: Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters. DEPARTMENT: City Manager / Admin PREPARED BY: Tami Bartolomei, Office of Emergency Management Coordinator PRESENTER: Tami Bartolomei, Office of Emergency Management Coordinator ATTACHMENTS: None Summary: The City Council will receive a status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. Background: On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California in response to the COVID-19 pandemic. The County of Mendocino declared a State of Emergency related to the COVID-19 on March 4, 2020. On March 17, 2020, the City Manager, acting as the Director of Emergency Services, declared the existence of a local emergency. On March 18, 2020, City Council approved a Resolution ratifying the proclamation declaring the existence of a local emergency. Since the onset of the emergency, the City of Ukiah has worked to respond to the public health and safety needs of the community in cooperation with the County of Mendocino and other partners. The local response for public health is lead regionally by the County of Mendocino and the County's Public Health Officer. In addition, the City of Ukiah has worked to maintain the continuity of public services including public safety, water, sewer, electric, airport, public works, and other essential activities. Discussion: As coronavirus “COVID-19” continues to evolve, the City of Ukiah continues to monitor the situation and respond to the emerging needs of the community. The City is in continued contact with local and state agencies, as well as community partners, hospitals, schools, and neighboring cities to ensure we have the most updated information pertaining to COVID-19 and are coordinating efforts. Reports and/or information from the City of Ukiah's Emergency Operation Center (EOC) may include, as necessary: * Emergency Operation Center (EOC) Status * COVID-19 Case Updates * Public Information Officer * Medical Services Page 542 of 592 Page 2 of 2 * School/Education * Public Safety (Police/Fire/EMS) * Shelter in Place Monitoring and Compliance * Community Service Groups * Homeless Response * Business Impacts/Services * Public Infrastructure/Construction Status * City Finance * Recovery Efforts and Planning * Other Related matters Staff will provide a status report to City Council and will seek direction or action on operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. Go to the City's website (www.cityofukiah.com) for direct access to information related to the Novel Coronavirus (COVID-19) emergency, including local updates, City Services, Community/Resident Information, and Business Resources. Recommended Action: Receive status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. 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: Sage Sangiacomo, City Manager Page 543 of 592 Page 1 of 3 Agenda Item No: 12.b. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1428 AGENDA SUMMARY REPORT SUBJECT: Possible Introduction, by Title Only, of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. DEPARTMENT: Community Development PREPARED BY: Darcy Vaughn, Assistant City Attorney, Jesse Davis, Planning Manager PRESENTER: Jesse Davis, Planning Manager and Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. Ordinance No. 1187 Shopping Cart Containment and Retrieval 2. Ordinance No. 1191 Amending Shopping Cart Containment and Retrieval Ordinance 3. Shopping Cart Ordinance Amendment REDLINE 4. Shopping Cart Ordinance Amendment CLEAN Summary: The City Council will consider introducing, by title only, the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Background: On April 4, 2018, the Ukiah City Council adopted Ordinance No. 1187 (Attachment 1), adding Article 8 to Chapter 2, Division 2 and Article 11 to Chapter 1, Division 7 to the Ukiah City Code (UCC) to regulate shopping cart containment and retrieval. It was subsequently amended through Ordinance No. 1191 (Attachment 2). Within the City of Ukiah, there are 23 identified entities that utilize shopping carts as a component of their business, and that are subject to the City’s Shopping Cart regulations. The associated shopping cart regulations became effective May 4, 2018. As of January 1, 2019, 14 businesses (70%) were in compliance with shopping cart plan requirements. The remaining businesses were referred to the City Attorney's Office for code enforcement or associated legal proceedings. In general, the Ordinance appeared initially effective in reducing the number of abandoned carts during the first year of implementation (2019), and notably reduced cart retrieval pressures on the Ukiah Police Department (UPD). Enforcement and administrative responsibilities, however, increased for the Community Development Department (CDD), Public Works Department (PWD), and City Attorney's Office. As of September 21, 2021, only 7 businesses were fully compliant with the City of Ukiah’s Shopping Cart Policy. As additional shopping cart purveyors were identified, the compliance rate dropped to 30%. Staff had also seen an uptick in the number of carts stored by PWD, indicating that cart retrieval and abandonment was again becoming an issue. Based on current records, it is difficult to determine the pace at which abandoned carts were accumulating, but the total stored by Public Works increased to 143 abandoned carts as of July 21, 2021. During development of the original Ordinance, it was believed that the required biennial renewal process would be relatively straightforward and involve little effort by Staff or the affected businesses. In 2020, Staff approached renewal efforts from this standpoint, sending courtesy letters to each business and making at least one follow-up call to each business that had not yet renewed their plan. While Staff received responses from the majority of businesses, these renewal efforts required substantial time by CDD Staff and the City Page 544 of 592 Page 2 of 3 Attorney's Office. Given the current number of abandoned shopping carts accumulated at that time, it was unclear if these renewal efforts were effective. While there are reasons specific to each business, a review of past correspondence indicates the difficulty of implementing store-specific policies due to regional or national brand requirements, lack of managerial authority to implement policy changes, and turnover in staff. Recent efforts to engage businesses to address abandoned carts or ineffective plans have been summarily ignored. Upon receiving the required annual update at their regular meeting on October 6, 2021, the City Council directed Staff to return with a revised ordinance to improve the efficiency and effectiveness of the shopping cart containment program. Discussion: While multiple City Departments are engaged in efforts to address abandoned shopping carts, ambiguity related to compliance, enforcement, and penalties has made it difficult to establish an effective and coordinated effort to achieve the primary goal of the policy, which is to limit the number of shopping carts removed from storefronts and public spaces. Many of the provisions of the 2018 ordinance were based upon input from the business community and expected intergovernmental programming between the City and the County. Unfortunately, shared policies were never adopted, thereby increasing the City's administrative burden and allowing for a lack of coordinated enforcement of cart purveyors within the Ukiah Valley. Much like pollution or traffic, abandoned shopping carts do not recognize municipal boundaries or jurisdictions. Since 2018, staff has observed the following with regard to abandoned shopping carts: • Collecting and storing carts within the City of Ukiah Corporation Yard (adjacent to the Ukiah Municipal Airport) has created significant operational burdens for Public Works staff. It has also exacerbated the administrative burden on Community Development staff, who are tasked with reviewing, approving and renewing cart retention programs for shopping cart purveyors, but with few responses or engagement on the topic. • In general, the necessity of tagging carts with the date of collection and organizing them within the Corporation Yard for efficient return has proven to be unworkable, as carts are collected in miscellaneous groups which would require additional sorting and inventory management for which no staff are tasked or identified. • Prior to the COVID-19 pandemic (COVID), the retrieval of abandoned carts by businesses was sporadic and infrequent. For many, it is logistically infeasible to collect carts since businesses have neither the personnel nor equipment to collect and transport abandoned carts back to their source. Even for the retailers that did collect carts, which was uncommon, their returned carts were often destroyed due to the cost of cleaning or repair. (Notably, the installation of a perimeter lock system increases the cost of individual cart repair.) • During COVID, the rate of retrieval by retailers dropped precipitously. Whether this was due to staffing constraints, corporate policy, or cleaning requirements, the number of abandoned carts accumulating within the Corporation Yard was exacerbated and complicated by the pandemic. • Increasingly, the enforcement of the existing abandoned shopping cart ordinance has created an undue burden on City resources, including both personnel costs and physical space for the storage of impounded carts that are seldom reclaimed by businesses, or that require substantial non- compensated scheduling to arrange for pickup. While the 2018 shopping cart ordinance was crafted with a great deal of deference to the business community, its effectiveness has waned, especially during the pandemic. The proposed revisions to the ordinance (Attachment 3) recognize the current reality and seek to lower the administrative burden on staff and increase the ability to remove abandoned carts from our community spaces by: • Allowing City staff to collect and immediately dispose of abandoned carts found on public property. Carts retrieved by City Staff can be taken directly to the dump for recycling and disposal along with other waste or debris. This eliminates the problems associated with the need to tag, store, and crush Page 545 of 592 Page 3 of 3 carts. It also ensures that the number of accumulated carts cannot grow to an unmanageable level within the Corporation Yard. A similar policy was codified recently by the City of Eureka. Notably, the County of Mendocino Code Enforcement Division maintains a comparable approach to abandoned cart disposal. • Eliminating the need for retailers to develop retention plans that require review and approval by the City, but for which no fee or staff reimbursement has been identified. Instead, the revised ordinance would rely heavily on the monetary disincentive of fees and fines, which the City can set at a later date. In Staff's opinion, these changes will streamline the City’s ability to remove abandoned carts from public areas and place the burden of paying for this service on the source agents where the carts originate. The City will no longer be in the position of policing retailers' cart retention efforts, tagging and storing carts, sending notices and coordinating retrievals and will instead spend our limited staffing directly addressing the blight of abandoned carts in the most efficient way possible. A redlined version of the proposed Ordinance is included herein as Attachment 3, and a clean version as Attachment 4. Recommended Action: Introduce by title only, the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Public Works Department; City Attorney Page 546 of 592 1 1 1 ORDINANCE NO. 1187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 8 TO CHAPTER 2, DIVISION 2 AND ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART CONTAINMENT AND RETRIEVAL The City Council of the City of Ukiah ordains as follows: SECTION ONE. FINDINGS AND DECLARATION OF INTENT: The City Council of the City of Ukiah hereby finds and declares as follows: Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. 2. The accumulation of wrecked, dismantled and abandoned shopping carts on public and private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The intent of this Ordinance is to ensure that measures are taken by businesses that own and use shopping carts to prevent the removal of shopping carts from store premises. 4. This Ordinance is based in part on California Business and Professions Code section 22435 and following. SECTION TWO. Article 8, entitled "Shopping Cart Containment and Retrieval" is added to Chapter 2, Division 2 of the Ukiah City Code and shall read as follows. ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL Sections: 2380 Applicability. 2381 Definitions. 2382 Prohibitions. 2383 Shopping cart identification signs. 2384 Shopping cart plan. 2385 Enforcement. 2380 Applicability. This Article applies to: A. Each business owner in the City that provides shopping carts for customer use on the business premises: and B. Any person who removes or who is in possession of or who has abandoned an off- site shopping cart. Page 1 of 7 Attachment 1 Page 547 of 592 2381 Definitions. Administrator means the Director of Planning and Community Development or his or her designee. Business owner or owner means one or more persons or any legal entity, such as, but not limited to, a corporation, limited liability company, partnership or association that owns a business that provides shopping carts for customer use on the premises. Off-site shopping cart means a shopping cart that has been removed from the premises where it belongs in violation of the requirements of this Article. Premises means the entire area owned or under the control of a business owner, including the parking area and for businesses in a shopping center or other development where common areas serve more than one business, the common area shared by the business with other businesses in the development. Shopping cart or cart means a basket or a similar device which is mounted on wheels and is generally owned and used as part of a retail establishment and used by a customer for transporting goods. Shopping cart plan means a document submitted to the City by the business owner, under Ukiah City Code Section 2384.C. 2382 Prohibitions. A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this Article for a business owner to: 1. Fail to affix an identifying sign to each shopping cart; 2. Fail to submit a shopping cart plan or request for exemption in conformance with Ukiah City Code Section 2384.B; 3. Fail to comply with an approved shopping cart plan; or 4. Allow or authorize a shopping cart to be removed from the premises, except to allow for shopping carts to be serviced or repaired by a qualified and licensed company off-site. B. Other Prohibitions. It is unlawful and a violation of this Article for a person to: 1. Remove a shopping cart from the premises where it belongs; or 2. Possess an off-site shopping cart; or 3. Abandon an off-site shopping cart; or 4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a shopping cart. Page 2of7 1 1 Page 548 of 592 1 1 1 2383 Shopping cart identification signs. The business owner shall have a sign permanently affixed to each cart in a prominent location. The sign shall include all of the following information: A. The identity of the owner of the cart or the business, or both; B. The valid address or phone number of the business for returning the cart to the owner or business; C. Notice to the public that the unauthorized removal of the cart from the premises or the unauthorized possession of the cart is a violation of state law and of the Ukiah City Code; and D. Notice to the public that there shall be no authorized removal of the cart from the premises. 2384 Shopping cart plan. A. General requirement. Each owner of a business shall submit to the Administrator, obtain approval from the Administrator, and effectively implement a shopping cart plan in accordance with this Article. B. Exemptions. A business owner is exempt from this Article, for two years at a time, if the owner submits an exemption request and meets all of the following requirements: 1. The business has effective restraints that prohibit any carts from exiting the premises or from operating off the premises. Examples of such effective restraints include but are not limited to: poles attached to carts to keep them from passing a certain point; electronic wheel locks on all carts which prevent wheels from rolling past the perimeter of the premises; physical constraints such as bollards; and continuous use of courtesy clerks to accompany customers and return the carts to the store. 2. The business secures all shopping carts during the hours the business is closed by storing carts inside or locking them outside. C. Contents of the shopping cart plan. The shopping cart plan shall include all of the following elements: 1. Name, address and telephone number of the business, the business owner and the name and telephone number of the on-site manager. 2. The number of on-site shopping carts, and a description of how the business owner intends to comply with the requirements for sign identification on carts. 3. Public notices. A description of a customer education process by which the business owner will inform customers that the removal or off-site possession or abandonment of carts is a violation of state law and this Article. This information may include business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in - Page 3 of 7 Page 549 of 592 store announcements, or other means demonstrated to be effective. Public notice to customers shall include signage permanently affixed to each shopping cart that that identifies the owner of the cart or the retailer, or both, as set forth in Business & Professions Code Section 22435.1 and Section 2383 of this Code. 4. Employee training. A description of an annual (or more frequent) employee training program to educate existing and new employees about the shopping cart plan. 5. Loss prevention. A description of the measures that the business owner will implement to prevent the removal of shopping carts from the premises. These measures may include any of those listed in subsection B of this section or use of security personnel to prevent removal, security deposit for use of a cart, or other measures demonstrated to be effective. 6. Cart retrieval. A plan for mandatory retrieval of off-site shopping carts on at least a weekly basis, and within three business days of notice from the City under Ukiah City Code Section 2385.A. The Administrator may require retrieval on a more frequent time schedule based on the number of off-site carts from the business requiring retrieval. Cart retrieval may be done by the business owner, business employees or agents, or a cart retrieval service contracted for by the business owner or by a combination of owners. A business owner is not required to retrieve an off-site cart in someone's possession and containing personal property of the person. 7. Implementation: The plan shall describe the measures the owner intends to take to prevent the removal of shopping carts from the premises, to retrieve off-site shopping carts on at least a weekly basis, and to modify these measures should they result in circumstances that would justify revocation of the plan as set forth in Subsection G of this Section. D. Administrator review. Within 30 days after a shopping cart plan is submitted, the Administrator shall render a decision to approve or deny the plan, or to request additional information. If a plan is rejected as incomplete or inadequate, or if additional information is needed, the Administrator shall notify the owner in writing. The owner has 30 days from the date such notification is given to submit the additional information or a complete or adequate plan, as the case may be. The Administrator may deny a plan on any of the following grounds: 1. The plan fails to include the information required under this Article or fails to adequately address the required elements. 2. The plan fails to meet the standards contained in Subdivision C.5 to prevent removal of carts. 3. Implementation of the plan violates this Article, or a local, state or federal law. 4. The owner knowingly makes a false statement in or omits material facts from the plan, or any amendment. E. Plan modification. The owner may submit a plan modification of any previously approved Page 4 of 7 1 1 Page 550 of 592 1 1 1 shopping cart plan to address changed circumstances or to modify ineffective provisions. The Administrator shall review and consider the modification in the same manner set forth in Subsection D of this Section. F. Biennial renewal. Every two years a business owner may renew an exemption or a previously approved shopping cart plan, without modification, if no more than six of the owner's shopping carts have been found off-site within the previous three months. The owner shall submit a written application for renewal by July 1st, together with the owner's statement that no more than six of the business's shopping carts have been found off-site within the previous three months. G. Denial or revocation. The Administrator may revoke a plan approved under Subsection D of this Section, deny a renewal under Subsection F of this Section, or revoke an exemption granted under Subsection B of this Section if: 1. A shopping cart has been found on public property on seven or more occasions within the prior three-month period; 2. The owner has failed to comply with a provision of this Article; 3. The owner has knowingly made a false statement or failed to disclose material information in an application, an amendment or a report required or provided under this Article. 2385 Enforcement. A. Retrieval. Whenever the Administrator notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three business days. B. Violations. The following will be subject to any enforcement procedures permitted by law, as set forth in Subsection C of this Section: 1. An owner who violates this Article or a provision of the owner's approved shopping cart plan; 2. A person who removes or possesses or abandons a shopping cart off-site; 3. A person who alters, converts, or tampers with a shopping cart; or 4. An owner of real property who allows off-site carts to remain on his, her or its real property. C. The enforcement procedures permitted by law for violations of this Article include: 1. Revocation of an exemption under Ukiah City Code Section 2384.B. 2. The requirement for a stricter shopping cart plan. Page 5 of 7 Page 551 of 592 3. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2, 22435.3 or 22435.13 or Section 6098 of this Code. 4. Imposition of a fine not exceeding (1) one hundred dollars ($100.00) for a first violation, 2) two hundred dollars ($200.00) for a second violation within the same year, and (3) five hundred dollars ($500.00) for each additional violation within the same year. 5. Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and 3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other applicable administrative procedures contained in the Ukiah City Code. 6. Civil action for enforcement, including to abate a public nuisance by injunction, the City Council declaring that a violation of this Article constitutes a public nuisance. 7. Proceedings for revocation of a use or site development permit, if applicable. These enforcement procedures and penalties are cumulative with each other and any other remedy available at law or in equity, and are not mutually exclusive. Any one or more of them may apply and be used or charged in response to a single violation of this Article. SECTION THREE. Article 11, entitled "Shopping Carts" is added to Chapter 1, Division 7 of the Ukiah City Code and shall read as follows. ARTICLE 11. SHOPPING CARTS Sections: 6096 Unauthorized removal, alteration, or possession of a shopping cart. 6097 Definitions. 6098 Penalty for Violation. 6096 Unauthorized removal, alteration, or possession of a shopping cart. It is unlawful and a public nuisance for any person to: A. Remove a shopping cart from the business premises where it belongs; or B. Possess or abandon an off-site shopping cart; or C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a cart. 6097 Definitions. All terms in this Article shall have the meaning stated in Section 2381 of this Code. 6098 Penalty for Violation. In addition to the penalty prescribed in Business and Professions Code Section 22435.3 or any amendment thereof, a violation of this Article is a misdemeanor, subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment in the County jail for a period not exceeding Page 6 of 7 1 1 Page 552 of 592 1 1 1 three (3) months, or by both such fine and imprisonment. SECTION FOUR. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on March 21, 2018, by the following roll call vote: AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble NOES: None ABSENT: None ABSTAIN: None Adopted on April 4, 2018, by the following roll call vote: AYES: Councilmembers Brown, Scalmanini, Crane, and Vice Mayor Mulheren NOES: None ABSENT: Mayor Doble ABSTAIN: None f Maure-n Mulheren, Vic Mayor ATTEST: 11/1_5.1)1A -e (*.6t (Z-• Kristine Lawler, City Clerk Page 7of7 Page 553 of 592 1 1 1 ORDINANCE NO. 1191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE ENFORCEMENT OF SHOPPING CART CONTAINMENT AND RETRIEVAL ORDINANCE. The City Council of the City of Ukiah ordains as follows: SECTION ONE. Article 11, entitled "Shopping Carts" in Chapter 1, Division 7 of the Ukiah City Code shall be amended to read as follows. ARTICLE 11. SHOPPING CARTS Sections: 6096 Unauthorized removal. alteration, or possession of a shopping cart. 6097 Definitions. 6098 Penalty for Violation. 6096 Unauthorized removal, alteration, or possession of a shopping cart. It is unlawful and a public nuisance for any person to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign in compliance with Section 2383 of this Code: A. Remove a shopping cart from the business premises where it belongs. with the intent to temporarily or permanently deprive the business owner or business of possession of the cart: or B. Possess or abandon an off-site shopping cart, with the intent to temporarily or permanently deprive the business owner or business of possession of the cart; or C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a cart. with the intent to temporarily or permanently deprive the business owner or business of possession of the cart. 6097 Definitions. All terms in this Article shall have the meaning stated in Section 2381 of this Code. 6098 Penalty for Violation. Any person who knowingly or willfully violates any provision of this Article is guilty of a misdemeanor. SECTION FOUR. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs. sentences, clauses or phrases of 1 Attachment 2 Page 554 of 592 this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on November 7, 2018, by the following roll call vote: AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble NOES: None ABSENT: None ABSTAIN: None Adopted on December 5, 2018, by the following roll call vote: AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren NOES: None ABSENT: None ABSTAIN: None 1\( Maureen Mulheren, Mayor ATTEST: t Vb ' (iv Kristine Lawler, City Clerk 2 1 Page 555 of 592 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 8 OF CHAPTER 2, DIVISION 2 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART CONTAINMENT , RETRIEVAL, IMPOUNDMENT, AND DISPOSAL. The City Council of the City of Ukiah ordains as follows: SECTION ONE. FINDINGS AND DECLARATION OF INTENT: The City Council of the City of Ukiah hereby finds and declares as follows: 1. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. 2. The accumulation of wrecked, dismantled and abandoned shopping carts on public and private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. 3. The intent of this Ordinance is to ensure that measures are taken by businesses that own and use shopping carts to prevent the removal of shopping carts from store premises. 4. This Ordinance is based in part on California Business and Professions Code section 22435 and following. SECTION TWO. Article 8, entitled “Shopping Cart Containment and Retrieval” is added to Chapter 2, Division 2 of the Ukiah City Code and shall read as follows. ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL Sections: 2380 Applicability. 2381 Definitions. 2382 Prohibitions. 2383 Shopping cart identification signs. 2384 Shopping cart plan. 2385 Enforcement. §2380 Applicability. This Article applies to: Page 556 of 592 2 A. Each business owner in the City that provides shopping carts for customer use on the business premises; and B. Any person who removes or who is in possession of or who has abandoned an off- site shopping cart. §2381 Definitions. Administrator means the Director of Planning and Community Development or his or her designee. Business owner or owner means one or more persons or any legal entity, such as, but not limited to, a corporation, limited liability company, partnership or association that owns a business that provides shopping carts for customer use on the premises. Off-site shopping cart means a shopping cart that has been removed from the premises where it belongs in violation of the requirements of this Article. Premises means the entire area owned or under the control of a business owner, including the parking area and for businesses in a shopping center or other development where common areas serve more than one business, the common area shared by the business with other businesses i n the development. Shopping cart or cart means a basket or a similar device which is mounted on wheels and is generally owned and used as part of a retail establishment and used by a customer for transporting goods. Shopping cart plan means a document submitted to the City by the business owner, under Ukiah City Code Section 2384.C. §2382 Prohibitions. A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this Article for a business owner to: 1. Fail to affix an identifying sign to each shopping cart; 2. Fail to submit a shopping cart plan or request for exemption in conformance with Ukiah City Code Section 2384.Bretrieve shopping carts within three (3) business days of notice from the Administrator , the Director of Public Works, or their designee; 3. Fail to comply with an approved shopping cart plan; or 43. Allow or authorize a shopping cart to be removed from the premises , except to allow for shopping carts to be serviced or repaired by a qualified and licensed company off-site. Page 557 of 592 3 4. Fail to retrieve all shopping carts on the Premises daily to ensure the carts are secured from public access after close of business hours. B. Other Prohibitions. It is unlawful and a violation of this Article for a person to : 1. Remove a shopping cart from the premises where it belongs; or 2. Possess an off-site shopping cart; or 3. Abandon an off-site shopping cart; or 4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a shopping cart. §2383 Shopping cart identification signs. The Each business owner that furnishes carts for use shall have a sign permanently affixed to each cart in a prominent location. The sign shall include all of the following information: A. The identity of the owner of the cart or the business, or both; B. The valid address or phone number of the business for returning the cart to the owner or business; C. Notice to the public that the unauthorized removal of the cart from the premises or the unauthorized possession of the cart is a violation of state law and of the Ukiah City Code; and D. Notice to the public that there shall be no authorized removal of the cart from the premises. §2384 Shopping cart plan. A. General requirement. Each owner of a business shall submit to the Administrator, obtain approval from the Administrator, and effectively implement a shopping cart plan in accordance with this Article. B. Exemptions. A business owner is exempt from this Article, for two years at a time, if the owner submits an exemption request and meets all of the following requirements: 1. The business has effective restraints that prohibit any carts from exiting the premises or from operating off the premises. Exampl es of such effective restraints include but are not limited to: poles attached to carts to keep them from passing a Page 558 of 592 4 certain point; electronic wheel locks on all carts which prevent wheels from rolling past the perimeter of the premises; physical constraint s such as bollards; and continuous use of courtesy clerks to accompany customers and return the carts to the store. 2. The business secures all shopping carts during the hours the business is closed by storing carts inside or locking them outside. C. Contents of the shopping cart plan. The shopping cart plan shall include all of the following elements: 1. Name, address and telephone number of the business, the business owner and the name and telephone number of the on -site manager. 2. The number of on-site shopping carts, and a description of how the business owner intends to comply with the requirements for sign identification on carts. 3. Public notices. A description of a customer education process by which the business owner will inform customers that the removal or off-site possession or abandonment of carts is a violation of state law and this Article. This information may include business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in-store announcements, or other means demonstrated to be effective. Public notice to customers shall include signage permanently affixed to each shopping cart that that identifies the owner of the cart or the retailer, or both, as set forth in Business & Professions Code Section 22435.1 and Section 2383 of this Code. 4. Employee training. A description of an annual (or more frequent) employee training program to educate existing and new employees about the shopping cart plan. 5. Loss prevention. A description of the measures that the business owner will implement to prevent the removal of shopping carts from the premises. These measures may include any of those listed in subsection B of this section or use of security personnel to prevent removal, security deposit for use of a car t, or other measures demonstrated to be effective. 6. Cart retrieval. A plan for mandatory retrieval of off -site shopping carts on at least a weekly basis, and within three business days of notice from the City under Ukiah City Code Section 2385.A. The Administrator may require retrieval on a more frequent time schedule based on the number of off -site carts from the business requiring retrieval. Cart retrieval may be done by the business owner, business employees or agents, or a cart retrieval service contracted for by the business owner or by a combination of owners. A business owner is not required to retrieve an off -site cart in someone’s possession and containing personal property of the person. 7. Implementation: The plan shall describe the measures t he owner intends to take to prevent the removal of shopping carts from the premises, to retrieve off -site shopping carts on at least a weekly basis, and to modify these measures should they Page 559 of 592 5 result in circumstances that would justify revocation of the plan as set forth in Subsection G of this Section. D. Administrator review. Within 30 days after a shopping cart plan is submitted, the Administrator shall render a decision to approve or deny the plan, or to request additional information. If a plan is rejected as incomplete or inadequate, or if additional information is needed, the Administrator shall notify the owner in writing. The owner has 30 days from the date such notification is given to submit the additional information or a complete or adequate plan, as the case may be. The Administrator may deny a plan on any of the following grounds: 1. The plan fails to include the information required under this Article or fails to adequately address the required elements. 2. The plan fails to meet the standards contained in Subdivision C.5 to prevent removal of carts. 3. Implementation of the plan violates this Article, or a local, state or federal law. 4. The owner knowingly makes a false statement in or omits material facts from the plan, or any amendment. E. Plan modification. The owner may submit a plan modification of any previously approved shopping cart plan to address changed circumstances or to modify ineffective provisions. The Administrator shall review and consider the modification in the same manner set forth in Subsection D of this Section. F. Biennial renewal. Every two years a business owner may renew an exemption or a previously approved shopping cart plan, without modification, if no more than six of the owner’s shopping carts have been found off -site within the previous three months. The owner shall submit a written application for renewal by July 1st, together with the owner’s statement that no more than six of the business’s shopping carts have been found off-site within the previous three months. G. Denial or revocation. The Administrator may revoke a plan approved under Subsection D of this Section, deny a renewal under Subsection F of this Section, or revoke an exemption granted under Subsection B of this Section if: 1. A shopping cart has been found on public property on seven or more occasions within the prior three-month period; 2. The owner has failed to comply with a provision of this Article; Page 560 of 592 6 3. The owner has knowingly made a false statement or failed to disclose material information in an application, an amendment or a report required or provided under this Article. §2384 City retrieval of carts. A. The City may retrieve an abandoned or derelict cart from public property (or private property with the consent of the property owner) in the following circumstances: 1. Where the location of the shopping cart will impede emergency services. 2. When the City or its agent has determined the cart appears to be obviously abandoned, derelict, or possessed by a person other than the owner of the cart while offsite. B. Fees to recover costs of cart retrieval may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. §2385 Immediate impound by City of abandoned or derelict carts. Notwithstanding any other provision of this Code, the City may immediately impound and dispose of all carts determined by the City to be abandoned or derelict and located off-site. Fees to recover costs of cart impoundment and disposal may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. §2386 Property in abandoned or derelict carts. A. Any personal property found in a cart must be retained by the City or its agent for twenty-four (24) hours in order to determine if it is abandoned property. Trash or waste must be discarded as appropriate or required by law. B. Once a determination is made by the City or its agent, abandoned property found in a cart is subject to the property procedures set forth in Policy 802 of the Ukiah Police Department Policy Manual, as the same maybe amended from time to time. §23852387 Enforcement. A. Retrieval. Whenever the Administrator, the Director of Public Works, or their designee notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three (3) business days or be found in violation of this Article and subject to the enforcement procedures found in Subsection C of this Section. B. Violations. Page 561 of 592 7 The following will be subject to any enforcement procedures permitted by law, as set forth in Subsection C of this Section: 1. An owner who violates this Article or a provision of the owner’s approved shopping cart plan; 2. A person who removes or possesses or abandons a shopping cart off -site; 3. A person who alters, converts, or tampers with a shopping cart; or 4. An owner of real property who allows off -site carts to remain on his, her or its real property. C. The enforcement procedures permitted by law for violations of this Article include: 1. Revocation of an exemption under Ukiah City Code Section 2384.B. 2. The requirement for a stricter shopping cart plan. 13. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2, or 22435.3 or 22435.13 or Section 6098 of this Code. 42. Imposition of a fine not exceeding (1) one hundred thousand dollars ($1000.00) for a first violation, (2) two hundred thousand dollars ($2000.00) for a second violation within the same year, and (3) five hundredten thousand dollars ($10,0500.00) for each additional violation within the same year. 53. Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and 3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other applicable administrative procedures penalties contained in the Ukiah City Code. 64. Civil action for enforcement, including to abate a public nuisance by injunction, the City Council declaring that a violation of this Article constitutes a public nuisance. 75. Proceedings Failure to pay a fine imposed pursuant to this Subsection within thirty (30) days may result in proceedings for revocation of a use business license or site development permit, if applicable. These enforcement procedures and penalties are cumulative with each other and any other remedy available at law or in equity, and are not mutually exclusive. Any one or more of them may apply and be used or charged in response to a single violation of this Article. Page 562 of 592 8 SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid o r unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on ___________, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on ___________, 2022 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Jim O. Brown, Mayor ATTEST: Page 563 of 592 9 __________________ Kristine Lawler, City Clerk Page 564 of 592 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 8 OF CHAPTER 2, DIVISION 2 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART CONTAINMENT , RETRIEVAL, IMPOUNDMENT, AND DISPOSAL. The City Council of the City of Ukiah ordains as follows: SECTION ONE. FINDINGS AND DECLARATION OF INTENT: The City Council of the City of Ukiah hereby finds and declares as follows: 1. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. 2. The accumulation of wrecked, dismantled and abandoned shopping carts on public and private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. 3. The intent of this Ordinance is to ensure that measures are taken by businesses that own and use shopping carts to prevent the removal of shopping carts from store premises. 4. This Ordinance is based in part on California Business and Professions Code section 22435 and following. SECTION TWO. Article 8, entitled “Shopping Cart Containment and Retrieval” is added to Chapter 2, Division 2 of the Ukiah City Code and shall read as follows. ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL Sections: 2380 Applicability. 2381 Definitions. 2382 Prohibitions. 2383 Shopping cart identification signs. 2384 Shopping cart plan. 2385 Enforcement. §2380 Applicability. This Article applies to: Page 565 of 592 2 A. Each business owner in the City that provides shopping carts for customer use on the business premises; and B. Any person who removes or who is in possession of or who has abandoned an off- site shopping cart. §2381 Definitions. Administrator means the Director of Planning and Community Development or his or her designee. Business owner or owner means one or more persons or any legal entity, such as, but not limited to, a corporation, limited liability company, partnership or association that owns a business that provides shopping carts for customer use on the premises. Off-site shopping cart means a shopping cart that has been removed from the premises where it belongs in violation of the requirements of this Article. Premises means the entire area owned or under the control of a business owner, including the parking area and for businesses in a shopping center or other development where common areas serve more than one business, the common area shared by the business with other businesses i n the development. Shopping cart or cart means a basket or a similar device which is mounted on wheels and is generally owned and used as part of a retail establishment and used by a customer for transporting goods. §2382 Prohibitions. A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this Article for a business owner to: 1. Fail to affix an identifying sign to each shopping cart; 2. Fail to retrieve shopping carts within three (3) business days of notice from the Administrator, the Director of Public Works, or their designee ; 3. Allow or authorize a shopping cart to be removed from the premises , except to allow for shopping carts to be serviced or repaired by a qualified and licensed company off-site. 4. Fail to retrieve all shopping carts on the Premises daily to ensure the carts are secured from public access after close of business hours. B. Other Prohibitions. It is unlawful and a violation of this Article for a person to : Page 566 of 592 3 1. Remove a shopping cart from the premises where it belongs; or 2. Possess an off-site shopping cart; or 3. Abandon an off-site shopping cart; or 4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a shoppi ng cart. §2383 Shopping cart identification signs. Each business that furnishes carts for use shall have a sign permanently affixed to each cart in a prominent location. The sign shall include all of the following information: A. The identity of the owner of the cart or the business, or both; B. The valid address or phone number of the business for returning the cart to the owner or business; C. Notice to the public that the unauthorized removal of the cart from the premises or the unauthorized possession of the cart is a violation of state law and of the Ukiah City Code; and D. Notice to the public that there shall be no authorized removal of the cart from the premises. §2384 City retrieval of carts. A. The City may retrieve an abandoned or derelict cart from public property (or private property with the consent of the property owner) in the following circumstances: 1. Where the location of the shopping cart will impede emergency services. 2. When the City or its agent has determined the cart appears to be obviously abandoned, derelict, or possessed by a person other than the owner of the cart while offsite. B. Fees to recover costs of cart retrieval may be established from time to time by resolution of the City Council adopted in acc ordance with the procedures required by law. Page 567 of 592 4 §2385 Immediate impound by City of abandoned or derelict carts. Notwithstanding any other provision of this Code, the City may immediately impound and dispose of all carts determined by the City to be abandoned or derelict and located off-site. Fees to recover costs of cart impoundment and disposal may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. §2386 Property in abandoned or derelict carts. A. Any personal property found in a cart must be retained by the City or its agent for twenty-four (24) hours in order to determine if it is abandoned property. Trash or waste must be discarded as appropriate or required by law. B. Once a determination is made by the City or its agent, abandoned property found in a cart is subject to the property procedures set forth in Policy 802 of the Ukiah Police Department Policy Manual, as the same maybe amended from time to time. §2387 Enforcement. A. Retrieval. Whenever the Administrator, the Director of Public Works, or their designee notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three (3) business days or be found in violation of this Article and subject to the enforcement procedures found in Subsection C of this Section. B. Violations. The following will be subject to any enforcement procedures permitted by law, as set forth in Subsection C of this Section: 1. An owner who violates this Article; 2. A person who removes or possesses or abandons a shopping cart off -site; 3. A person who alters, converts, or tampers with a shopping cart; or 4. An owner of real property who allows off -site carts to remain on his, her or its real property. C. The enforcement procedures permitted by law for violations of this Article include: 1. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2 or 22435.3 or Section 6098 of this Code. Page 568 of 592 5 2. Imposition of a fine not exceeding (1) one thousand dollars ($1000.00) for a first violation, (2) two thousand dollars ($2000.00) for a second violation within the same year, and (3) ten thousand dollars ($10,000.00) for each additional violation within the same year. 3. Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and 3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other applicable administrative penalties contained in the Ukiah City Code. 4. Civil action for enforcement, including to abate a public nuisance by injunction, the City Council declaring that a violation of this Article constitutes a public nuisance. 5. Failure to pay a fine imposed pursuant to this Subsection within thirty (30) days may result in proceedings for revocation of a business license or site development permit, if applicable. These enforcement procedures and penalties are cumulative with each other and any other remedy available at law or in equity, and are not mutually exclusive. Any one or more of them may apply and be used or charged in response to a single violation of this Article. SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection , subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on ___________, 2022, by the following roll call vote: AYES: NOES: Page 569 of 592 6 ABSENT: ABSTAIN: Adopted on ___________, 2022 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Jim O. Brown, Mayor ATTEST: __________________ Kristine Lawler, City Clerk Page 570 of 592 Page 1 of 2 Agenda Item No: 13.a. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1471 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be Performed by Mead and Hunt for the Amount of $36,500 DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen, Airport Manager ATTACHMENTS: 1. Ukiah Runway Study Summary: The City Council will consider authorizing the City Manager to execute the Ukiah Airport Runway Extension Study Agreement, to be performed by Mead and Hunt for the amount of $36,500. Background: In November 2020, the Ukiah City Council approved a recommendation to the Mendocino Airport Land Use Commission (ALUC) that the Public Draft Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), dated July 2020, would provide for a future 5,000-foot runway to accommodate operations by CalFire Lockheed C-130 fire attack aircraft. At its meeting on November 19, 2020, the Mendocino County ALUC directed ALUC staff and Mead & Hunt to revise the draft UKIALUCP as recommended by the Ukiah City Council. At the May 20, 2021, Council meeting, Council adopted the new ALUC that included the future runway protection zones. Discussion: Staff with the direction of Council has asked Mead & Hunt, Inc.(Consultant) to determine the feasibility of extending Ukiah Municipal Airport’s (Airport) Runway 15/33 to a total length of 5,000 feet; this would require an extension of 577 feet. This study is funded by the Airport with no participation from the FAA. This study will not include an aviation activity forecasting element. The study will assume that the Airport will remain as an FAA category B-II airport with approach visibility minimums as low as 1-¼ mile (Runway 15) and visual (Runway 33). The study (Attachment 1, Ukiah Runway Study) will perform a geometric exercise for the physical configuration of a 5,000’x75’ runway. The following will be analyzed / considered: a. Analyze how the runway could fit on existing property, including required FAA safety areas and standards. b. If existing property is inadequate, the study will look at what areas of land would need to be acquired. c. Analysis will result in up to five alternative configurations. d. Consultants will develop one 11x17 graphic for up to five alternative configurations. The fee for the services described in this scope is $36,500, to be billed monthly on a percent complete basis. Recommended Action: Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be performed by Mead and Hunt for the amount of $36,500 BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 77725200.52100: $25,065 Page 571 of 592 Page 2 of 2 PROPOSED BUDGET AMOUNT: 77725200.52100: $61,565 FINANCING SOURCE: Airport Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Mary Horger, Financial Services Manager Page 572 of 592 Page 1 of 3 City of Ukiah – Ukiah Municipal Airport Runway Extension Exploratory Study Scope of Services February 3, 2022 OVERVIEW The City of Ukiah (City) is interested in an Exploratory Study (Study) and has asked Mead & Hunt, Inc. (Consultant) to determine the feasibility of extending Ukiah Municipal Airport’s (Airport) Runway 15/33 to a total length of 5,000 feet; this would require an extension of 577 feet. This study is funded by the City of Ukiah with no participation from the FAA. This Study will not include an aviation activity forecasting element. The Study will assume that the Airport will remain as a FAA category B-II airport with approach visibility minimums as low as 1-¼ mile (Runway 15) and visual (Runway 33). SCOPE OF SERVICES The services to be provided by the Consultant to the City for this Study consists of the following tasks and work efforts: Task 1. Project Administration Consultant will provide general administration during the Study. A Project Manager will be assigned to this project to monitor production continuity during the work described in this scope. The Project Manager’s responsibilities include the following: a.Define tasks, schedules, and costs. b.Monitor work progress and address issues that may arise. c.Maintain up-to-date schedules. d.Coordinate with the City to receive their input; address their concerns; keep them informed regarding Project status; obtain their concurrence on Project scope, cost, and schedule; and obtain their input and approval of concepts and final analysis for the Study. e.Prepare invoices to submit to the City in accordance with the CITY’s standard invoice requirements. Task 2. Geometrics Consultant will perform a geometric exercise for the physical configuration of a 5,000’x75’ runway. The following will be analyzed / considered: a.Task 2 will analyze how the runway could fit on existing property including required FAA safety areas and standards. b.If existing property is inadequate, the Study will look at what areas of land would need to be acquired. c.Analysis will result in up to five alternative configurations . d.Consultant will develop one 11x17 graphic for up to five alternative configurations . Page 573 of 592 Ukiah Municipal Airport Runway Extension Study Scope of Services February 2022 Page 2 of 3 X:\2112200\REF\Marketing\Ukiah Runway Study Final.docx Task 3. Airspace Study Consultant will conduct an airspace study for the alternatives developed in Task 2. The airspace study will be limited to using obstruction/object data already obtained and included in the January 2016 FAA approved ALP set. Task 4. Revision of alternatives. Consultant will revise up to five of the original alternatives to reflect client comments after Meeting #2 (see MEETINGS section) Task 5. Cost Estimates A rough order of magnitude cost estimates will be developed for up to five alternatives that are deemed viable after Tasks 2, 3, and 4 are complete. These will be prepared using available information and will not constitute an engineer’s opinion of probable cost. No field work, such as geotechnical survey, will be performed. Estimates will include the following: a. Area of demolition b. New pavement section c. Revised paint markings d. Revised electrical systems i. MIRL ii. MITL iii. REILS iv. PAPI v. Threshold lights Task 6. Environmental Documentation Environmental considerations will be documented using publicly available information. This will not be an environmental document to CEQA or NEPA standards but rather a way to gauge alternative viability and community impact. Environmental considerations will be evaluated based on available data, such as previous studies prepared by the client and readily available data from agency websites. No field survey will be performed. Task 7. Matrix of Alternatives A summary matrix will be prepared to document each alternative (up to five) and its respective viability in terms of geometry, airspace impacts, property impacts, cost estimates, and environmental concern. A summary memo will accompany the matrix. MEETINGS Mead & Hunt representatives (PM Planner(s) and PM Engineer(s), will attend each of the following meetings, which will all be in person at the Airport or City offices: Meeting #1 - Kickoff Meeting #2 - Review of alternatives (preliminary geometric and airspace review) Meeting #3 - Review of alternatives with costs and environmental factors Meeting #4 - Final meeting/presentation and project close out Page 574 of 592 Ukiah Municipal Airport Runway Extension Study Scope of Services February 2022 Page 3 of 3 X:\2112200\REF\Marketing\Ukiah Runway Study Final.docx COMPENSATION FOR SERVICES The fee for the services described in this scope is a lump sum amount of Thirty-Six Thousand Five Hundred Dollars ($36,500) to be billed monthly on a percent complete basis. End of Scope of Services Prepared and submitted by: MEAD & HUNT, Inc. Corbett Smith, CM Senior Aviation Planner Page 575 of 592 Page 1 of 2 Agenda Item No: 13.b. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1472 AGENDA SUMMARY REPORT SUBJECT: Possible Introduction, by Title Only, of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance. DEPARTMENT: Community Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. Proposed MWELO Ordinance Summary: Council will consider introducing, by title only, an ordinance adopting the California Model Water Efficient Landscape Ordinance. Background: Staff is bringing this item forward to secure compliance with the State of California’s Model Water Efficient Landscape Ordinance (MWELO). The MWELO is a state regulation, enacted in 1993 as part of the 1990 Water Conservation and Landscaping Act that is designed to prevent water from being wasted on landscape irrigation, as nearly half of the water directed to urban areas is used on irrigated landscapes. Additional information about MWELO, including a link to the Model Ordinance under MWELO References titled "2015 Updated Chapter 2.7: Model Water Efficient Landscape Ordinance," can be found on the following website: https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Model-Water-Efficient- Landscape-Ordinance. The MWELO is also referenced by Title 24, Part 11 of CalGreen Building Code. Applying to residential, commercial, industrial, and institutional projects requiring a permit, plan check, or design review, MWELO directs Land Use Authorities (cities and counties) to ensure MWELO compliance on development projects with landscaped areas of 500 square feet or more or rehabilitation of existing landscape areas greater than 2,500 square feet. California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened MWELO for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping. AB 1881 required the State Department of Water Resources to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010. Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) mandated the Department of Water Resources prepare an update to the state's MWELO, which the California Water Commission adopted on July 15, 2015. Discussion: Although Staff has implemented MWELO requirements since the codification of MWELO in Title 24, part 11 of CalGreen Building Standards, full compliance with MWELO requires the City adopt a local WELO. The City has not previously adopted such an ordinance. Once the MWELO is adopted, full compliance also requires the City submit annual reports to the Department of Water Resources (DWR) regarding MWELO implementation updates. Staff intends to immediately submit annual reports to DWR if the Ordinance is adopted by Council. Staff recommends Council introduce, by title only, the Ordinance in Attachment 1, which would add Article 6 to Chapter 1, Division 3 of Ukiah City Code. Once adopted, the City will be in compliance with MWELO state Page 576 of 592 Page 2 of 2 regulations. Recommended Action: Introduce, by title only, an ordinance adopting the California Model Water Efficient Landscape Ordinance. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Craig Schlatter, Community Development Director Page 577 of 592 Page 1 of 2 ORDINANCE NO. 2022-__ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 6 TO CHAPTER 1, DIVISION 3 TO ADOPT THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1.California’s ongoing drought has emphasized the necessity for increased conservation in use of water. 2.California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened a model water efficient landscape ordinance (“MWELO”) for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping. 3.AB 1881 required the State Department of Water Resources (“Department”) to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010. 4.The City implemented the MWELO by default and did not expressly adopt it in 2010. 5.Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15), mandated the Department prepare an update to the state’s MWELO, which the California Water Commission adopted on July 15, 2015. 6.All cities and counties are required to either adopt the updated MWELO or adopt their own water efficient landscape ordinance which is at least as stringent and effective in conserving water as the MWELO. 7.The City has determined adopting the updated MWELO, as may be amended, will benefit the City and provide clarity to applicants for City entitlements SECTION TWO. Article 6 is hereby added to Division 3, Chapter 1, of the Ukiah City Code and shall read as follows: ARTICLE 6 MODEL WATER EFFICIENT LANDSCAPE ORDINANCE ADOPTION §3065 ADOPTION OF MODEL WATER EFFICIENT LANDSCAPE ORDINANCE Except as amended or modified by other provisions of this Division, the City Council hereby adopts by reference and makes effective within the City, the Model Water Efficient Landscape Ordinance, Attachment 1 Page 578 of 592 Page 2 of 2 Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations, which may be referred to in this Code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended from time to time. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on _________, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on _______, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, CMC/City Clerk Page 579 of 592 Page 1 of 2 Agenda Item No: 13.c. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1473 AGENDA SUMMARY REPORT SUBJECT: Possible Introduction, by Title Only, of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems. DEPARTMENT: Community Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official; Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. EV Submittal Checklist 2. Proposed Electric Vehicle Charging System Permit Ordinance Summary: Council will consider possibly introducing, by title only, an ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. Background: In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. AB 1236 amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process on or before September 30, 2017. The ordinance is to include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review. This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Government Code Section 65850.7 requires that a city's checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero- Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research. AB 1236 also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080. Discussion: The Building Division of the Community Development Department has been implementing the requirements of AB 1236 since it went into effect in 2015, including the development and use of an objective Page 580 of 592 Page 2 of 2 checklist (Attachment 1). However, the Ordinance and its requirements were never adopted by the City. Staff recommends that Council introduce, by title only, the proposed Ordinance in Attachment 2 adding Chapter 3 to Division 3 of Ukiah City Code setting forth procedures for expediting permit processing for electric vehicle charging systems. Recommended Action: Introduce, by title only, an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Craig Schlatter, Community Development Director Page 581 of 592 ELECTRIC VEHICLES SERVICE EQUIPMENT (EVSE) CHECKLIST Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging. Upon this checklist being deemed complete, a permit shall be issued to the applicant. However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued. This checklist substantially follows the “Plug‐In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist. Job Address: Permit No. ☐ Single‐Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (Multi‐Businesses) ☐ Mixed‐Use ☐ Public Right‐of‐Way Location and Number of EVSE to be Installed: Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____ Description of Work: BUILDING DIVISION Phone: (707) 467-5786 Schedule Inspections: (707) 463-6739 Email: buildingdivision@cityofukiah.com Website: www.cityofukiah.com/building-services/ All EVSE equipment must be inspected to verify code compliance, method of installation, and site placement. Attachment 1 Page 582 of 592 Applicant Name: Applicant Phone & email: Contractor Name: License Number & Type: Contractor Phone & email: Owner Name: Owner Phone & email: EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V) Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE: ___________________________ Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________ System Voltage: ☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________ Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C. (or verify with Inspector in field) Page 583 of 592 Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:  Connected Load of Existing Panel Supplying EVSE = __________ Amps  Calculated Load of Existing Panel Supplying EVSE = __________ Amps  Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps (Provide Demand Load Reading from Electric Utility) Total Load (Existing plus EVSE Load) = __________ Amps For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single‐Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG For Single‐Family: Size of Existing Service Conductors = # __________ AWG or kcmil - or ‐ : Size of Existing Feeder Conductor Supplying EVSE Panel = # __________ AWG or kcmil (or Verify with Inspector in field) I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life‐safety verifications may require further substantiation of information. Signature of Permit Applicant: ____________________ Date: _______________ Page 584 of 592 Page 1 of 4 ORDINANCE NO. 2022-__XX ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1.The State of California and the City of Ukiah has consistently promoted and encouraged the use of fuel-efficient electric vehicles. 2.The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems. 3.Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels.. SECTION TWO. Chapter 3 is hereby added to Division 3 of the Ukiah City Code and shall read as follows: CHAPTER 3 ELECTRIC VEHICLE CHARGING SYSTEMS §3090 PURPOSE The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is intended to comply with California Government Code Section 65850.7. §3091 DEFINITIONS A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable Attachment 2 Page 585 of 592 Page 2 of 4 impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the permit application was deemed complete. C. “Electronic submittal” means the utilization of one or more of the following: 1. Electronic mail or email. 2. The internet. 3. Facsimile. §3092 EXPEDITED PERMITTING PROCESS Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug- In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s checklist shall be published on the City’s website. §3093 PERMIT APPLICATION PROCESSING A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. §3094 TECHNICAL REVIEW Page 586 of 592 Page 3 of 4 A. It is the intent of this Chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit. B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. §3095 ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability. B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on , 2022, by the following roll call vote: Page 587 of 592 Page 4 of 4 AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, CMC/City Clerk Page 588 of 592 Page 1 of 1 Agenda Item No: 13.d. MEETING DATE/TIME: 3/16/2022 ITEM NO: 2022-1414 AGENDA SUMMARY REPORT SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). DEPARTMENT: City Manager / Admin PREPARED BY: PRESENTER: ATTACHMENTS: 1. 2022 City Council Special Assignments - 2-23-22 Summary: Background: Discussion: Recommended Action: BUDGET AMENDMENT REQUIRED: CURRENT BUDGET AMOUNT: PROPOSED BUDGET AMOUNT: FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 589 of 592 2022 CITY COUNCIL SPECIAL ASSIGNMENTS COUNTY/REGIONAL OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Disaster Council Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee. Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482 467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations. Orozco Duenas- Alternate Tami Bartolomei, Office of Emergency Management Coordinator; 467-5765 tbartolomei@cityofukiah.com Greater Ukiah Business & Tourism Alliance 3rd Tuesday of month, 11:30 a.m. 200 S School St. Ukiah, CA 95482 200 S School St. Ukiah, CA 95482 Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area Duenas Rodin - 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 Brown Rodin- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@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 Orozco Brown- Alternate Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com 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 Brown Duenas- 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 Duenas Orozco - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Ross Walker, Governing Board Chair North Coast Opportunities 413 North State Street Ukiah, CA 95482 Assist low income and disadvantaged people to become self reliant Bartolomei (appointed 12/19/18) Tami Bartolomei, Community Services Administrator; 467-5765 tbartolomei@cityofukiah.com North Coast Rail Authority (NCRA)2nd Wednesday of month, 10:30 a.m.Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Shannon Riley, Deputy City Manager Shannon Riley,Deputy City Manager; 467-5793 sriley@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 Attn: Daria Isupov 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Brown- Alternate Tim Eriksen, Public Works Director/City Engineer;463-6280 teriksen@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 Nicole French 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 COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Economic Development & Financing Corporation (EDFC) 2nd Thursday of month, 2:00 p.m. Primarily 631 S. Orchard Street (location varies) Executive 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 Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Orozco Neil Davis- Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Continued - COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Youth Project JPA Board of Directors 3rd Wednesday of month, 7:45 a.m.776 S. State Street Conference Room Mendocino Co. Youth 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, Patrol Lieutenant Cedric Crook, Patrol Lieutenant Nob; 463-6771; ccrook@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 1 2/25/2022 ATTACHMENT 1 Page 590 of 592 2022 CITY COUNCIL SPECIAL ASSIGNMENTS LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Rodin Orozco-Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission Mayor Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com 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 Library Advisory Board 3rd Wednesdays of alternate months; 1:00 p.m. Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Supervisor Mulheren Kristine Lawler, City Clerk; 463-6217; klawler@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 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 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 Craig Schlatter, Director of Community Development; 463-6219; cschlatter@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 Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County 1st District Liaison Monthly; TBD Civic Center Annex conference room #5 411 West 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 Brown 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 West 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 Brown Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Fire Executive Committee 2nd Wednesdays of month, 3:45 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Stephanie Abba 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/Brown Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Equity and Diversity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720 tboyl@cityofukiah.com 2 2/25/2022 Page 591 of 592 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/Brown Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Budget Development Best Practices and Financial Policy For FY 22/23 Budget Crane/Brown Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Sheri Mannion, Human Resource Director/Risk Manager; 463-6272, smannion@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 Sage Sangiacomo, City Manager 463-6221 ssangiacomo@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com 2021 Electric Rate Study Crane/Duenas Cindy Sauers, Electric Utility Director; 463‐6286 csauers@cityofukiah.com Housing Element and Implementation Review Rodin/Orozco 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/Brown Dan Buffalo, Director of Finance; 463‐6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463‐5712 swhite@cityofukiah.com Upper Russian River Water Agency/City Relations Crane/Brown Sean White, Director of Water Resources; 463‐5712 swhite@cityofukiah.com Orr Street Bridge Corridor Rodin/Duenas 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 Cannabis Ordinance Modifications Rodin/Duenas Craig Schlatter, Community Development Director 463‐6219 cschlatter@cityofukiah.com Special Districts Brown/Crane Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Public Financing Rodin/Orozco Dan Buffalo, Director of Finance; 463‐6220 dbuffalo@cityofukiah.com 2022 AD HOC COMMITTEES 3 2/23/2022 Page 592 of 592